SOUTH GATE CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, September 23, 2025 at
6:30 p.m.
SOUTH GATE COUNCIL CHAMBERS
8650 CALIFORNIA AVE
SOUTH GATE, CA 90280
VIEW MEETING LIVE ONLINE AT:
HTTPS://YOUTUBE.COM/@SOUTHGATECA90280
City Officials
MAYOR,
Maria Davila
CITY CLERK,
Yodit Glaze
VICE MAYOR,
Joshua Barron
CITY TREASURER,
Jose De La Paz
COUNCIL MEMBER,
Maria del Pilar Avalos
CITY MANAGER,
Rob Houston
COUNCIL MEMBER,
Gil Hurtado
CITY ATTORNEY,
Ra
ú
l F. Salinas
COUNCIL MEMBER,
Al Rios
If you would like to participate in this meeting, you can participate via the following options:
1. VIEW THE MEETING LIVE ONLINE AT: https://youtube.com/@SouthGateCA90280 Please allow up to 24 hours after the meeting for the archive to be available.
2. PARTICIPATE BEFORE THE MEETING by emailing the City Clerk at:
[email protected] no later than 4:00 p.m. on the day of the meeting. Please write "Public Comment" in the subject line.
3. ATTEND THE MEETING IN PERSON
*The disruption in service of any alternative method does not prelude the City Council or other legislative
body from taking further action and moving forward on the agenda.
Meeting Schedule
The regular meetings of the City Council are held on the second and fourth Tuesday of each month, 1 closed session business will usually commence at 5:30 p.m., when scheduled, and general business session will commence at 6:30 p.m.
Brown Act
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on "all items" listed on the agenda and be in compliance with the open meeting laws. Under the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
City's Vision Statement
We envision a thriving, safe and inclusive community where everyone has the opportunity to access exceptional services, education and support to be resilient and live full, vibrant lives.
Public Communications
Public Comments on agenda items are limited to three (3) minutes. All comments are to be addressed directly to the Agency Members not to the members of the public.
Emails for public comment received prior to 4:00 pm on the day of the Council Meeting will be summarized by the City Clerk, not read in its entirety. A copy of the email will be provided to the City Council and will also be available at the City Clerk's Office for public review. A copy of each email will be recorded for public record and noted on the official minutes of tonight's meeting.
Call to Order/Roll Call With Invocation & Pledge
CALL TO ORDER:
Maria Davila, Mayor
INVOCATION:
Steve Costley, Director of Parks & Recreation
PLEDGE OF ALLEGIANCE:
Darren Arakawa, Chief of Police
ROLL CALL:
Yodit Glaze, City Clerk
Public Hearings
1. Adopt Consolidated Annual Performance and Evaluation Report (CAPER) for the 2024-2025 Fiscal Year
The City Council will consider: (CD)
a. Adopting a Resolution approving the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER); and
b. Authorizing the City Manager, or designee, to submit to the U.S. Department of Housing and Urban Development the Fiscal Year 2024-2025 CAPER.
Documents:
Item 1 - Report 09232025.pdf
2 2. Zoning Code Amendment, Adopting Ordinance-ADU
The City Council will consider: (CD)
a. Waiving the reading in full and introducing an Ordinance amending Title 11, Chapter
11.43 (Accessory Dwelling Units and Accessory Structures) of the South Gate Municipal Code; and
b. Accepting the determination that the proposed amendment is Exempt from the California Environmental Quality Act (“CEQA”) as a “ministerial” project pursuant to CEQA Guidelines Section 15268(a).
Documents:
Item 2 - Report 09232025.pdf
Comments From The Audience - Non-Agenda Items
During this time, members of the public may address the City Council regarding any items not listed on the agenda and within the subject matter jurisdiction of the City Council and not on this agenda. Comments from the audience will be limited to three (3) minutes per speaker; unless authorized by the Mayor, the time limit may not be extended by utilizing another member's time. There will be no debate or action on items not listed on the agenda unless authorized by law. The collective initial period of time for comments from the audience shall be limited to 45 minutes. Any speaker that did not get a chance to speak during this segment due to the 45-minute limitations will be able to speak at the end of the meeting prior to adjournment.
Note: The City Council desires to provide all members of the public with the opportunity to address the Council. Nevertheless, obscene language, comments intended to disrupt/interfere, other actions which disrupt the progress of the meeting or slanderous comments will not be tolerated and may result in ejection and/or may constitute a violation of South Gate Municipal Code Section1.04.110.
Reports And Comments From City Officials
During this time, members of the City Council will report on matters pertaining to their service on various intergovernmental boards and commissions as a representative of the City pursuant to Assembly Bill 1234. City Council Members will also have an opportunity to comment on matters not on the agenda.
Consent Calendar Items
Agenda Items
3, 4, 5, 6, 7, 8, 9, 10, and 11
are Consent Calendar Items. All items including
Ordinances, Resolutions and Contracts, may be approved by adoption of the Consent Calendar, individually and collectively by one (1) motion. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request that specific items be removed from the Consent Calendar for separate discussion and action. Members of the public are permitted to speak on any item listed but their time period is limited to three (3) minutes in total.
3 Any motion to introduce or adopt an Ordinance on the Consent Calendar shall be: (1) a motion to waive the reading of the Ordinance and introduce the Ordinance or (2) a motion to waive the reading of the Ordinance and adopt the Ordinance, as appropriate.
3. Adopting a Resolution Declaring Disposal of Surplus and Obsolete Property
The City Council will consider: (ADMIN SRVS)
a. Adopting a Resolution declaring the items listed in Attachment B (Bicycles & Miscellaneous Items) and Attachment C (Vehicles & Equipment) as surplus, obsolete, or unserviceable City personal property.
b. Authorizing the City Manager or designee to dispose of the declared items through public auction conducted by U.S. Auctions of Ontario, CA; and to execute all related documents consistent with budgeted appropriations.
c. Authorizing the City Manager or designee to dispose of any items not accepted by the auctioneer or failing to sell by using one or more of the following methods, as appropriate:
recycling/salvage, scrap, inter-agency transfer, trade-in/credit, donation to another public agency, or landfill, in compliance with applicable laws and City policies.
Documents:
Item 3 - Report 09232025.pdf
4. Approve a Resolution with the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers
The City Council will consider: (PD)
a. Adopting a Resolution approving the Los Angeles Interagency Metropolitan Police Apprehension Crim Task Force Joint Powers Agreement (LA Impact JPA).
b. Approving the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement, thus authorizing the City's Membership in the LA Impact Authority; and
c. Authorizing the City Manager to Execute the JPA Agreement.
Documents:
Item 4 - Report 09232025.pdf
5. Approve and Adopt the Successor Memorandums of Understanding (“MOU”)
The City Council will consider: (HR)
a. Adopt Resolution approving the SGMEA MOU, SGPMMA MOU, SGDMA MOU, SGPMA MOU, SGPOA MOU, and the Executive Terms for the term of July 1, 2025, through June 30, 2026; and
4 b. Authorize the Mayor to execute the comprehensive successor Memorandums of Understanding in a form acceptable to the City Attorney.
Documents:
Item 5 - Report 09232025.pdf
Item 5 - Attachment A - Report 09232025.pdf
Item 5 - Attachment B - Report 09232025.pdf
Item 5 - Attachment C - Report 09232025.pdf
Item 5 - Attachment D - Report 09232025.pdf
Item 5 - Attachment E - Report 09232025.pdf
Item 5 - Attachment F - Report 09232025.pdf
Item 5 - Attachment G - Report 09232025.pdf
6. Approve and Adopt an Updated Consolidated Salary Schedule
The City Council will consider: (HR)
a. Adopting a Resolution approving and adopting an updated consolidated pay schedule for all full-time and selected part-time employees within the CalPERS guidelines.
Documents:
Item 6 - Report 09232025.pdf
7. Approve the Creation, Reclassification, and Elimination of Full-Time Positions
The City Council will consider: (HR)
a. Approve the creation of the full-time Principal Accountant position in the Administrative Services Department;
b. Approve the reclassification of the full-time City Traffic Engineer to the full-time Transportation and Capital Improvement Program Division Manager in the Public Works Department;
c. Approve the reclassification of one (1) full-time Principal Civil Engineer positions to the full-time Water Resources and Development Division Manager in the Public Works Department;
d. Approve the elimination of the full-time Deputy City Engineer position in the Public Works Department; and
e. Direct staff to update the Consolidated Salary Schedule by adding the Principal Accountant, Transportation and Capital Improvement Program Division Manager, and Water Resources and Development Division Manager Titles, Pay Grades, and Pay Ranges.
Documents:
5 Item 7- Report 09232025.pdf
8. Approve Agreement
with Simpler Systems, Inc. for Financial Reporting Software Licensing and Professional Services
The City Council will consider: (ADMIN SRVS)
a. Approving a Professional Services Agreement with Simpler, to provide financial reporting software (“Simpler Platform”) and related professional services with a not-to- exceed amount of $51,380 (License $17,500 + Professional Services $30,800 + 10% contingency $3,080), and ongoing Monthly License & Maintenance of $1,750 (annualized $21,000), subject to annual appropriation.
b. Authorizing the issuance of a Purchase Order to Simpler, by a sole-source determination based on proprietary functionality and its “datapps” architecture and market uniqueness for Eden-based financial reporting, pursuant to SGMC § 1.54.510.
c. Authorizing the Mayor to execute the Agreement, in a form acceptable to the City Attorney.
Documents:
Item 8 - Report 09232025.pdf
9. Approve Agreement with All City Management Services, Inc., for Crossing Guard Services
The City Council will consider: (PD)
a. Approving an Agreement with All City Management Services, Inc. (“ACMS”), for crossing guard services for a one (1) year term, effective July 1, 2025 - June 30, 2026; and
b. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.
Documents:
Item 9 - Report 09232025.pdf
10. Approve and Adopt Memorandum of Understanding (“MOU”) Gateway Cities Council
The City Council will consider: (CD)
a. Approving
an MOU with GCCOG for technical assistance for a REAP SRP 2.0 Program Grant under SCAG.
Documents:
Item 10 - Report 09232025.pdf
6 11. Approve Minutes for the Special and Regular Council Meetings of August 12 & 26, 2025
The City Council will consider: (CLERK)
a. Approving the Special and Regular Meeting minutes of August 12, 2025; and b. Approving the Special and Regular Meeting minutes of August 26, 2025.
Documents:
Item 11 - Report 09232025.pdf
Reports, Recommendations And Requests
12. City Council Appointments to the Various City Commissions, Committees, and Boards
The City Council will consider: (CM)
a. Ratifying the appointment by Council Member Gil Hurtado of Evelyn Martinez to the Citizen Advisory Committee.
Documents:
Item 12 - Report 09232025.pdf
13. Warrant Register for September 23, 2025
The City Council will consider: (ADMIN SVCS)
a. Approving the Warrant Register for September 23, 2025.
Total of Checks: $5,603,571.95 Less: Voids $ (0.00) Less: Employee Payroll Deductions
$ (430,338.43)
Grand Total: $5,173,233.52
Cancellations: None
Documents:
Item 13 - Report 09232025.pdf
7 Adjournment
I, Yodit Glaze, City Clerk, certify that a true and correct copy of the foregoing Meeting Agenda was posted on September
18, 2025, at 5:43 p.m., as required by law.
Yodit Glaze
City Clerk
GENERAL NOTICE TO THE PUBLIC
The City Council adopted new rules relating to the conduct of the public meetings, proceedings, and business in the City of South Gate on July 12, 2022, (Resolution 2022-38-CC) and go into effect on August 1, 2022. Resolution #2022-38-CC is available at the City Clerk’s Office.
MEETING SCHEDULE
Regular meetings of the City Council are held on the second and fourth Tuesday of each month, closed session meetings will commence at 5:30 p.m. unless posted otherwise on its agenda. The regular City Council meetings will commence at 6:30 p.m. Agendas are available at the following locations:
City Clerk
Office,
Public Notice Boards at City Hall, and on the
City’s web page at https://www.cityofsouthgate.org
The Public can sign up to receive automatic notices of postings of agendas for the City Council or any other Commission or Board of the City of South Gate. Visit the City webpage and click on the Agenda & Minutes icon. That will take you the page where an individual can enter their email in the “Email Updates” box to register.
PUBLIC COMMENT/PARTICIPATION
Any person may request to address a legislative body during a public meeting. The Presiding Officer will call upon those present in the Council Chambers.
Speakers are limited to three (3) minutes on any item listed on the agenda, including public hearings.
Under Comments from the Audience portion, speakers are also limited to a single three (3) minutes time limit. Comments from the Audience is initially limited to 45 minutes at each meeting. Any speaker still wishing to speak, that did not speak, will have an addition Comments from the Audience opportunity after the last business item is finished. The Presiding Officer may extend the time limit as long as there is no objection from the City Council as a body.
To ensure that the public is able to participate, the City provides the opportunity to submit their comments in person, email, mail. Methods of participation may be subject to change during other such times when a State of Emergency, Health Order or State Executive Order limits in-person participation.
CURFEW
In absence of a motion duly adopted by majority vote of the City Council, the Presiding Officer may adjourn the City Council meetings at 10:30 p.m. The Presiding Officer may ask the City Council if any agenda items listed should be continued or dealt with during the meeting. For those items to be continued, the City Council can direct the item be placed on the next City Council agenda or the current meeting may be adjourned to a time certain at which time the meeting shall be reconvened as an Adjourned Regular Meeting of the City Council and action upon the published agenda continued. 8 STAFF REPORTS
As a general rule, staff reports. or other written documentation are prepared/organized with respect to each item of business listed on the agenda. Meeting agendas and staff reports are available at least 72- hours prior to the scheduled regular City Council meeting and a minimum of 24-hours prior to a Special City Council meeting. There are times when the City Council receives written material. revised material after the posting of agendas, these materials are become a public record and will be available for public view within 72-hours after the meeting in which they were received. Those materials and any other public document can be inspected in the City Clerk's Office located at 8650 California Avenue, South Gate.
SERVICES TO FACILITATE ACCESS TO PUBLIC MEETINGS
In compliance with the American with Disabilities Act, if you need special assistance to participate in the City Council Meetings, please contact the Office of the City Clerk. Notification 48 hours prior to the City Council Meeting will enable the City to make reasonable arrangements to assure accessibility. For further information, please contact the Office of the City Clerk at (323) 563-9510 or via email at [email protected]
.
9 Item No. I
Uifice o! the
Socilh Gate Ctty Cleik
SEP 18 2025 CUy of South Gate
FILED CITY COUNCIL
(0:5S
AGENDA B'i'[LL
For the Regular Meeting of: September 23, 2025
Originating Department: Community Dcvcloptuent
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING THE
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2024-2025 AND AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, TO SUBMIT TO THE US DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)
PURPOSE: To conduct a public hearing and consider adopting Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER) for the CDBG and HOME Funds.
RECOMMENDED ACTIONS: Following the conclusion of the Public Hearing, the City Council will consider:
a. Adopting a Resolution approving the Fiscal Year 2024-2025 Consolidated Annual Performance and Evaluation Report (CAPER); and
b. Authorizing the City Manager, or designee, to submit to the U.S. Department of Housing and Urban Development the Fiscal Year 2024-2025 CAPER.
FISCAL IMPACT: There is no fiscal impact to the City's General Fund.
NOTICING REQUIREMENT: Advertising and notification of the Public Hearing was conducted in compliance with Municipal Code Section 11.50.020 (Public Hearing Notification) and was published in The South Gate Press newspaper on September 4, 2025. The notice noted a 15-day comment period. Additionally, a draft copy of the Fiscal Year 2024-2025 CAPER was posted on the City's website and made available at the Cornrnunity Development Department. Any comments received will be addressed during this meeting.
ANALYSIS: The City, as a direct recipient of HUD federal funds, is required to submit an annual CAPER to HUD. This report presents a summary of resources made available during the program year, accomplishments based on priorities established by the Consolidated Plan, and an assessment of the City's annual performance.
The CAPER reports on the accomplishments of CDBG-funded programs. Summarized below is a list of accomplishments from July 1, 2024, to June 30, 2025. 1 10
CDBG: The City received an allocation of $1,245,005 in CDBG funds for FY 2024-2025.
Accomplishments for the fiscal year included:
* 296 persons received tenant/landlord/housing rights services via the Fair Housing Foundation * 40 persons were served by the Family Violence Prevention program * 12 youth participated in the South Gate Police Explorers program * 4 youth participated in work experience internships facilitated by the California Latino Leadership Institute
* The Graffiti Abatement program worked in areas that benefited over 90,000 residents.
HOME: The City received an allocation of $564,831 in HOME fiinds for FY 2024-2025.
Accomplishments for the fiscal year included:
Although there are no accomplishments to report on for the fiscal year, fiinds are being reserved to work with developers for affordable housing projects in the City.
BACKGROUND: Each year, the City of South Gate is required to report to HUD on its performance in meeting the objectives of the approved Consolidated Plan and Annual Action Plan; this report is known as the CAPER. Included in the CAPER is information about the approved public service, community development, and housing activities. The report documents the City's use of federally funded CDBG and HOME entitlement activities, programs, and funds forthe recently completed fiscal year.
ATTACHMENTS: A. Proposed Resolution
B. Draft CAPER
C. Proof of Publication - Public Hearing Notice
2 11
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTH GATE, APPROVING A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
SUBMIT TO HUD THE CITY'S FISCAL YEAR (FY) 2024- 2025 CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER)
WHEREAS, the City of South Gate (the "City") has applied and received Community Development Block Grant (CDBG) and HOME Program funds from the Government of the United States under Title I of the Housing and Community Development Act of 1974; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) is the federal agency that promulgates regulations and oversees the administration of the CDBG and HOME Program; and
WHEREAS, HUD requires that entitlement jurisdictions complete an annual evaluation of their grants programs through a report known as the Consolidated Annual Performance and Evaluation Report (CAPER); and
WHEREAS, City staff published a public notice announcing the availability of the CAPER and the 15-day public cornrnent period for the report in the South Gate Press on September 4, 2025, and is now closed; and
WHEREAS, on September 23, 2025, the City Council held a duly noticed public hearing to consider the program year 2024-2025 CAPER.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council of the City of South Gate does hereby authorize the City Manager, or their designee, to submit the CAPER to HUD. 3 12
SECTION 3. The City Council hereby allows staff to make minor technical modifications and/or necessary corrections to the CAPER as required by HUD.
SECTION 4. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of South Gate at its regular meeting on this 23rd day of September 2025.
CITY OF SOUTH GATE:
B7:
Maria Davila, Mayor
City of South Gate
ATTEST:
BY:
Yodit Glaze, City Clerk
City of South Gate
(SEAL)
APPROVED AS TO FORM:
DRAF'T
By:
Raul F. Salinas, City Attorney
City of South Gate
13 ST ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SOUTH GATE
SS:
I, Yodit Glaze, City Clerk of the City of South Gate, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. was passed and adopted by the City Council of the City of South Gate, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 23rd day of September 2025 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABST AIN:
ABSENT:
Yodit Glaze, City Clerk
City of South Gate
14 Attachment B
City of
South
(,ate-
Consolidated Annual Performance Evaluation Report
CAPER
FY 2024-2025
Community Development Department
15 Table of Contents
CR-05 - Goals and Outcomes
CR-10 - Racial and Ethnic composition of families assisted CR-15 - Resources and Investments 91.520(a)
CR-20 - Affordable Housing 91.520(b)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) CR-30 - Public Housing 91.220(h); 91.320(j)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j).
CR-40 - Monitoring 91.220 and 91.230.
CR-45 - CDBG 91.520(C).
CR-50 - HOME 24 CFR 91.520(d)
CR-58 - Section 3
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)
.3
6 7
13 16
18 19
22 24
.25
27 2
16 CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
For the 2024-2025 Program Year, the City of South Gate (City) received Community Development Block Grant Program (CDBG) funds and Home Investment Partnerships Program (HOME) funds to facilitate accomplishing the goals set by the u.s. Department of Housing and Urban Development (HUD). As part of the application and allocation process for these federal funds, the City must prepare and submit the Consolidated Annual Performance and Evaluation Report (CAPER). This report presents a summary of resources made available during the program year, accomplishments based on priorities established by the Consolidated Plan and documented in the 2024-2025 Annual Action Plan, and an assessment of the City's annual performance toward meeting its five-year goals.
The City's mission is to enhance the quality of life for all its residents by maximizing the use of available resources to assure the availability of safe, decent, and affordable housing. This report reviews how the City achieved its housing goals by providing rehabilitation loans to South Gate homeowners using HOME funds. In addition, how the goals of the non-housing priorities of public service programs were met. All CDBG funds except for Planning/Administration, were used for activities that benefited low-and- moderate-income people.
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
17 Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Goal Category Source /
Amount
Indicator
Unit of
Measure
Expected
Strategic
Plan
Actual -
Strategic
Plan
Percent
Complete
Expected
Program
Year
Actual -
Program
Year
Percent
Complete
Administration
Program
Administration
CDBG:
S227,658
HOME:
S56,483
Other Other 1 1 100% 1 1 100%
Fair Housing Fair Housing
CDBG:
S21,343
Other Other 1,350 1,606 118% 240 296 123%
Public Services
Non-Housing
Community
Development
Public Services
CDBG:
S178,516
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
:r,;_;_s 90,541 100% 569 90,541 100%
Commercial
Rehabilitation
Non-Housing
Community
Development
CDBG:
S400,000
Facade
treatment/business
building rehabilitation
Business 70 2 2% 15 o O.OO%
Commercial
Rehabilitation
Non-Housing
Community
Development
CDBG:
!>650,000
Businesses Assisted Business 14 2 14% 10 o O.OO%
Table 1- Accomplishments - Prograrn Year & Str;itegic Plan to Date CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
18 Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
For FY 2024-2025 the City allocated funding towards activities that could directly positively impact its residents in need by funding public service activities that included fair housing services, a youth development program, graffiti abatement services, and resources for those experiencing domestic violence. Along with these programs, the City also allocated funds towards activities that will assist in the maintenance of its housing stock via a Neighborhood Revitalization Program and activities that aSSiStS local businesses while preserving commercial corridors in the City via its Commercial Fagade program and a Business Sign program. After reviewing these three latter programs, the City felt that they were due for a revamp and worked to establish and revise program guidelines and processes to ensure that the programs ran effectively and efficiently; revamping these programs have caused delays in the program delivery but the City is confident that it will launch these programs in the upcoming fiscal year.
The City partners with the Fair Housing Foundation to provide fair housing services to its residents.
During the program year the Fair Housing Foundation assisted 296 unduplicated South Gate residents with housing issues like rent increases, evictions fair housing. They also provided information via workshops and by dropping offinformation at the library and with organizations in the area.
HOME rehabilitations continue to be a challenge for the City to complete. One of the main challenges is that the rehabilitation value for homes is lower than the current house values for the City, making many of applicants ineligible for the Home Rehabilitation Program ineligible.
CAPER 5
AD
OMB Control No: 2506-0117 (exp. 09/30/2021)
19 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 333 o
Black or African American 8 o
Asian 2 o
American Indian or American Native o o
Native Hawaiian or Other Pacific Islander o o
American Indian/Alaskan Native & Black/African
American 1 o
Total 344 o
Hispanic 320 o
Not Hispanic 24 o
Table 2 - Table of assistance to racial and ethnic populations by source of funds Narrative
In FY 2024-2025, the City's Public Service programs included the Family Violence Prevention Program, Police Explorers, and the California Latino Leadership Institute. Table 2 is reflective of beneficiary data provided by these public services agencies along with the Fair Housing Foundation. As part of its public services the City also continued to fund its Graffiti Abatement Program, however as that program does not report on individual beneficiary data (data reported based on census tracts served) their data is not included in Table 2.
The City continued its challenge of finding eligible applicants the HOME Rehabilitation Program did not complete any projects.
The City of South Gate previously received a total of a total of 51,738,226 of supplemental CDBG- Coronavirus (CDBG-CV) funds to use to prepare, prevent, and respond to the Coronavirus pandemic (COVID-19). The City amended their 2019-2020 Annual Action Plan to program their CDBG-CV funds and funded several activities to help support their residents through the coronavirus pandemic.
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
20 CR-15 Resources and Investments 91.520(a)
Identify the resources rrade available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,245,005 9
HOME public - federal 564,831 9
Table 3 - Resources Made Available
Narrative
For Program Year 2024-2025, the City received 51,245,005 in Community Development Block Grant (CDBG) and S564,831 in HOME Investment Partnership funds (HOME) funds.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100 33% Other
Eligible Target Areas o 67%
Census Tracts/Block
Groups
Table 4 - Identify the geographic distribution and location of investments Narrative
To address the needs of all residents and expand its impact, the City does not focus on specific geographic areas, instead they distribute its CDBG and HOME funded investments Citywide, unless allocating funds to public facilities or street improvement activities, as applicable. CDBG funded supportive services are designed to meet CDBG national objectives with a focus on benefiting low and moderate-income people.
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
21 Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Leveraged Resources
The following other Federal and Non-Federal funding sources were used to leverage funds allocated to activities: General Funds; Gas Tax; Water Funds; Sewer Funds; Metropolitan Transit Authority Funds; Measure R Funds; Housing Choice Voucher Funds (HCV).
The City uses gas tax, water funds, sewer funds, and other resources to address public infrastructure needs.
No publicly owned land or property located within the City's jurisdiction was used to address any identified needs identified for the fiscal year in the plan.
HOME Match
As a recipient of HOME funds, the City is required to make non-Federal financial contributions to projects that qualify as affordable housing under the HOME Program. Annually, the match contributions must total a minimum of 25% of the HOME funds expended from the City's HOME entitlement amount (less administration costs), unless the City has received a reduction in the match requirement.
The HOME statute provides for a reduction of the matching contribution requirement under two criteria for fiscal and severe fiscal distress for local PJs:
1) Family poverty rate, and/or
2) Per capita income (PCI)
When a local jurisdiction meets one ofthe distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of the match.
CAPER 8
13 OMB Control No: 2506-0117 (exp. 09/30/2021)
22 Fiscal Year Summary - HOME Match
1. Excess match from prior Federal fiscal year o
2. Match contributed during current Federal fiscal year o
3.Total match available for current Federal fiscal year (Line 1 plus Line 2) o
4. Match liability for current Federal fiscal year o
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) o Table 5 - Fiscal Year Summary - HOME Match Report OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER 9
l'f
23 Match Contribution for the Federal Fiscal Year Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
N/A N/A N/A N/A N/A N/A N/A N/A N/A
Taile 6 - Match Contribution for the Federal Fiscal Year Program Income - Enter the program amounts for the reporting period Balance on hand at
beginning of reporting
period
S
Amount received during
reporting period
S
Total amount expended
during reporting period
S
Amount expended for
TBRA
S
Balance on hand at end of
reporting period
S
o o o o o
U\
HOME MBE/WBE report
OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 7 - Program Income
CAPER 10
24 Minority Business Enterprises and Women Business Enterprises - Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
HispanicAlaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Number o o o o o o
Dollar
Amount
o o o o o o
Sub-Contracts
Number o o o o o o
Dollar
Amount
o o o o o o
Total Women
Business
Enterprises
Male
Contracts
Number o o o
Dollar
Amount
o o o
Sub-Contracts
Number o o o
Dollar
Amount
o o o
Table 8 - Minority Business and V/omen Business Enterprises Minority Owners of Rental Property - Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
HispanicAlaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number o o o o o o
Dollar
Amount
o o o o o o
Table 9 - Minority Owners o'f Rental Property
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)
11 ltp 25
Relocation and Real Property Acquisition - Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired o o
Businesses Displaced o o
Nonprofit Organizations
Displaced
o o
Households Temporarily
Relocated, not [iisplaced
o o
Households
Displaced
Total Minority Property Enterprises White Non-
HispanicAlaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number o o o o o o
Cost o o o o o o
Table 10 - Relocation and Real Pioperty Acquisition OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER 12
t7
26 CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units
o o
Number of Non-Homeless households to be
provided affordable housing units
6 o
Number of Special-Needs households to be
provided affordable housing units
4 o
Total 10 o
Table 11 - Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance
o o
Number of households supported through
The Production of New Units
o o
Number of households supported through
Rehab of Existing Units
10 o
Number of households supported through
Acquisition of Existing Units
o o
Total 10 o
Table 12 - Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City continued to operate its HOME-funded Home Rehabilitation Program. This Program is for income-qualified applicants, offering a zero percent interest deferred loan for improvements to their property and to bring their dwelling up to code. The City, unfortunately, continued to experience challenges finding eligible program participants. There is a continued need for this type of program in the City as the program does receive frequent inquiries. However, the challenges the program has faced CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
IK
27 include applicants being over the eligible income threshold or the current home value being higher than the eligible HUD after-rehabilitation value.
Additionally, to support affordable housing efforts for its residents the City of South Gate offers the following programs:
* Home Rehabilitation Program -A HOME funded program that offers deferred loans to income- qualified residents.
@ Section8HousingChoiceVoucher(HCV)Program-TheSouthGateHousingAuthority administers the Housing Choice Voucher Program providing rental assistance to very-low- income families, the disabled, and the elderly for them to access affordable decent, safe, and sanitary housing in the City of South Gate's private sector.
Discuss how these outcomes will impact future annual action plans.
Outcomes identified in the CAPET impact future Annual Action Plans as the City assesses its success in meeting established goals and outcomes. As the City experienced many challenges with its Homeowner Rehabilitation Program, it acknowledges that extra efforts are needed to continue to offer affordable housing options for its residents and make the most effective use of its CDBG and HOME funds.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual Extremely Low-income 176 o
Low-income 112 o
Moderate-income 64 o
Total 352 o
Table 13 - Ncmber of Households S=rved
Narrative Information
The numbers in Table 13 reflect the number of low-income people served by CDBG and HOME funded activities.
During Program Year 2024-2025, the following CDBG activity served individuals at the Extremely Low to Moderate-Income level:
Fair Housing Foundation: 296 people
Family Violence Prevention Program:40 people
Police Explorers: 12 people
California Latino Leadership Institute:4 people
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
t't
28 The number of owner and renter households assisted meet the Section 215 definition of affordable housing as staff do review that renters and homeowners meet low-income thresholds. "WORST-CASE NEEDS": Worst case housing needs are defined as low-income renter households who pay more than half their income for rent, live in seriously substandard housing, or have been involuntarily displaced. The City did not specifically assist with housing needs for those with disabilities.
The City of South Gate serves the worst-case needs by providing the following:
More than 50% of rent: The Housing Choice Voucher rental assistance Program provided housing payment assistance to those qualifying households who paid more than 50% of their income for housing. CDBG funds were utilized through various agencies to assist with food and other support services.
Substandard Housinq: The Housing Choice Voucher rental assistance program ensured that substandard housing met HQS Standards, State Standards, and/or local rehabilitation standards for decent housing.
Involuntarily Displaced: During the reporting period, there was no voluntary or involuntary displacement through the City's Federal Entitlement Programs.
CAPER 15
2x>
OMB Control No: 2506-0117 (exp. 09/30/2021)
29 CR-25 Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of South Gate plans, coordinates, and organizes strategies to assist the City's homeless population in collaboration with other public and private organizations. The County of Los Angeles, through the Los Angeles Homeless Services Authority (LAHSA), has the primary responsibility for providing regional homeless services. Individuals and families in need of services may be referred to People Assisting the Homeless (PATH) for screening and services intake.
The South Gate Police Department, in cooperation with the local Salvation Army Bell Shelter, operates a homeless outreach program that consists of a mobile outreach team. The Police Department Liaison and personnel from the Bell Shelter coordinate street outreach efforts by vehicle and on foot. Street outreach, case management, and referrals are provided to homeless families and individuals through this Program. Homeless clients are guided in identifying barriers to overcoming homelessness and developing a plan to address these challenges. The team then assists clients at a highly supportive level to address those needs, including accessing mainstream services, increasing income, developing self-determination, and accessing shelter and housing.
Addressing the emergency shelter and transitional housing needs of homeless persons The local Salvation Army Bell Shelter is a City partner, having previously received CDBG funding.
They provide both emergency shelter and temporary shelter to people experiencing homelessness. The shelter provides case management and other homelessness services.
Homeless clients are guided in identifying barriers to overcoming homelessness and assisted in developing a plan to overcome these barriers. The team then assists clients at a highly supportive level to address those needs, including accessing mainstream services, increasing income, and developing self-determination.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, CAPER 16
2,1
OMB Control No: 2506-0117 (exp. 09/30/2021)
30 education, or youth needs
The City of South Gate partners and coordinates with local nonprofit agencies, churches, and subrecipient agencies to assist the City's vulnerable populations, especially those at risk of becoming homeless. The City of South Gate's homeless prevention plan includes assisting those discharged from public institutions, health facilities, foster care.
The City has a history of allocating CDBG funds to various public service organizations to address the multi-needs of low-income families and increase housing stability. In program year 2024- 2025 the City continued to provide funding to the Fair Housing Foundation who directly work with residents and landlords to address housing issues including discriminatory claims, rent increases, and evictions.
Other City partners like the Family Violence Prevention Program assist victims of domestic violence to seek resources to escape their situations while the Police Explorers offers structured activities and mentorship to keep youth engaged. Through the California Latino Leadership Institute offers paid work internships to youth to provide them with workforce experience.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
To assist the people experiencing chronic homelessness, the City collaborates with local and county agencies, including law enforcement, social services, mental health, public health, and community services. Efforts to assist the chronic homeless include street outreach for initial contact, referrals to PATH or Salvation Army Bell Shelter for case management, homelessness services, and ultimately partnering with property owners to help people who are homeless in locating permanent housing.
CAPER 17
2,Z,
OMB Control No: 2506-0117 (exp. 09/30/2021)
31 CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing The City does not administer public housing programs.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City does not administer public housing programs.
Actions taken to provide assistance to troubled PHAs The City does not administer public housing programs.
CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)
18 32
CR-35 0ther Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City continues to pursue the following course of action to eliminate any negative effects that may result from public policies. Objectives adopted as part of the City's Housing Plan include:
* Remove or mitigate City policies, regulations, and procedures that serve to constrain the development of housing affordable to lower and moderate-income households. * Provide incentives for the construction of housing affordable to the workforce.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The City of South Gate continues to allocate CDBG funds to various activities that meet underserved needs. These programs provided new or expanded accessibility, affordability, sustainability to decent housing, improved public facilities, and a suitable living environment for low-income persons. Such programs include housing rehabilitation programs, public services, and fair housing services.
To address the continuing needs of the underserved community, the City promotes its housing and community service programs citywide in both English and Spanish using the Chamber of Commerce, local newspapers, city newsletter, City website, and community events to promote all services and programs to low-income residents of South Gate.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-based paint hazard education is distributed through various City efforts which include, Section 8 Housing Choice Voucher (HCV) inspections, distribution of pamphlets (E.g., Protect Your Family From Lead In Your Homer, among other pamphlets and announcements, on the City Website. All CDBG, HOME, and HCV funded housing programs and projects have incorporated lead-based paint hazard reduction efforts such as conducting inspections and assessments on all properties built before January 1st, 1978, to test for lead. When units test positive for lead, certified contractors are hired for remediation and abatement of the lead.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City engaged in the following during the program year to reduce the number of poverty-level families:
* Funded the Family Violence Prevention and Education Program to assist persons and families CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
2L1
33 experiencing domestic violence and finding resources. * Contracted with the Fair Housing Foundation to assist with housing and tenancy issues to prevent evictions, address housing discrimination, and increase housing stability.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City's efforts to eliminate institutional gaps and enhance the coordination of programs includes working closely with other governmental entities to determine households' critical needs based on limited resources and expanding demand for services. The City continues its outreach efforts through public meetings and public hearings with the Citizens Advisory Committee to solicit public comments on the distribution of CDBG funds.
As part of its grant administration, the City monitors its subrecipients' performance in meeting both resident needs and program and CDBG compliance.
The City will continue to fund the Fair Housing Foundation to promote, educate, and enforce fair housing in the community.
The City will continue to coordinate and share ideas with residents, affordable housing providers, other local government entities, and social service agencies to maximize planned activities' effectiveness. The City will also continue to coordinate services, as appropriate, with surrounding HUD entitlement communities.
The City encourages intra- and inter-departmental discussions to identify effective service delivery options and ideas. Within the Community Development Department, staff conducts regular check ins to discuss projects and programs. Through daily contact and working relations, staff continue to implement programs and services, provide sufficient financial resources, and track concerns. This process allows easy access to tracking building activities, housing conditions, code requirements, zoning, and other demographic data.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City has developed an inventory of public and private housing, health, and social services agencies. The City regularly updates the inventory and maintains a point of contact for each agency.
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
25 34
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) HUD regulations require that the City prepare an Analysis of Impediments to Fair Housing Choice (Al) every five years. In 2020 the City updated its Al; it includes the City's Fair Housing Action Plan, which outlines its actions to eliminate and ameliorate impediments to fair housing issues and choice. As part of its Fair Housing Action Plan, the City identified the following actions to overcome the effects of impediments identified:
* Continue to work with housing providers to build housing in areas near jobs, commercial amenities, public facilities, and public transit.
* Continue to work with housing providers to avoid concentrating on affordable housing in any one area of the City.
* Continue to implement revitalization plans in older, lower-income neighborhoods. * Continue to proactively address affordable housing at risk of losing rent restrictions by engaging the local HUD field office, property owners, and local housing providers. * Continue CDBG funding for Fair Housing Foundation to implement the City's Fair Housing Program to educate tenants, landlords, and the public. * Continue to promote and educate the public on the issue of fair housing. * Work with Fair Housing Foundation to update information related to fair housing for the community.
* Continue to gather data for the ongoing process of updating this document and monitoring the fair housing situation in South Gate.
CAPER 21
2X,)
OMB Control No: 2506-0117 (exp. 09/30/2021)
35 CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
At the beginning of the program year, City staff meets with all CDBG and HOME-funded project managers to discuss the reporting requirements and the monitoring. Program providers are required to provide progress reports, which are reviewed for progress and compliance at least quarterly.
During the year, a site review is held with all the program providers. An entrance interview is held with key representatives to review the program's purpose, scope, objectives, and goals. During the review, program records and information are reviewed and/or collected. The review ends with an exit conference to present preliminary results of the monitoring; this provides an opportunity to discuss program compliance and reporting concerns. At this point, the program provider can also share steps to address non-compliance or non-performance areas. Formal notification of the monitoring review results is sent to the program provider, which creates a permanent written record, an outline of any concerns and/or findings, and sets deadlines for a written response and corrective actions. The Monitor is responsible for providing technical assistance to ensure the programs are productive and compliant with federal regulations. Staff continuously monitor programs and activities to comply with city, state, and federal regulations and policies with a focus on:
* Financial Standards and Procedures - Community Development staff and the City's accounting division work closely to ensure funds drawn through IDIS are used for authorized activities on approved projects. Activity agreements, expense documentation, and approvals must be in place before expending funds.
@ Environmental Standards and Procedures - All projects and individual activities requiring environmental reviews per HUD regulations are completed before funding approval. Staff complete the appropriate Environmental Reviews for all CDBG and HOME programs. * Labor Standards and Procedures - Community Development, Public Works staff, and outside consultants monitor labor standards. Labor requirements are included in all bid documents and reviewed again during the pre-construction meeting.
To ensure long-term compliance with its programs, the City requires that all subrecipients (including City departments) submit quarterly performance reports and requests for reimbursements. Upon submission, staff review the performance reports, which note how many participants benefited from the service and compare it to the subrecipient's goals for the program. Staff also review all reimbursement requests to ensure that expenses are eligible and used to meet the program/project goals. For FY 24-25, subrecipients monitored included the Fair Housing Foundation, Graffiti Abatement, Family Violence Prevention, South Gate Police Explorers.
CAPER 22
L'7
OMB Control No: 2506-0117 (exp. 09/30/2021)
36 For CDBG-CV, prior to allocating funding to subrecipients City staff review program applications to ensure that proposed activities respond to, prevent, and/or prepare for the COVID-19 pandemic.
Staff also requested that performance reports and requests for reimbursements be submitted quarterly to review program progress and eligibility of expenses. For FY 24-25 CDBG-CV subrecipients that continued to provide services included Southern California Rehabilitation Services - Home Modification Program, California Latino Youth Leadership, and Helpline Youth Counseling.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City has ensured that it has complied with its HUD-approved Citizen Participation Plan. This plan ensures that the City provides the public with sufficient notice and opportunities to review and comment on actions affecting the City's Consolidated Plan, Annual Action Plans, and CAPERs.
The City published a Notice of Public Hearing and a 15-day comment period to receive comments on the CAPER in the South Gate Press on September 04, 2025. To ensure that all City residents had the opportunity to make comments, the Notice included the date and time of the hearing, availability of the CAPER for review, the timeframe of the comment period, and details on how to submit their comment(s). The comment period commenced on September 04, 2025, and ended on September 23, 2025; the public hearing was held on September 23, 2025.
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
37 CR-45 CDBG 91.520(C)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
In 2024-2025 the City made one substantial amendment to its Annual Action Plan. In that substantial amendment the City allocated funds to various public facilities improvement projects.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No, it does not
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
38 CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations In FY 24-25 the City of South Gate enlisted the services of Avant-Garde Inc. to complete on-site inspections and desk monitoring for ten (10) rental HOME-Assisted properties. The City created a schedule and coordinated with property managers to provide supporting documentation and demonstrate compliance with the Department of Housing and Urban Development (HUD) HOME regulations. The monitoring consisted of review of all relevant tenants, maintenance, financial and administrative files as well as property standards that meet HUD requirements along with other applicable regulations.
During monitoring for HOPE Housing, it was found that for both properties, Master Lease Agreements were missing the landlord's initials, and financial documents were missing. Additionally, lease agreements and financial documentation for tenants were also lacking. Staff requested that HOPE housing provide the missing documentation and update their files accordingly. HOPE Housing has been submitting updated information to staff for review with the remaining documents due at the end of August 2025.
Staff conducted desk monitoring for South Gate Realty Group and identified missing financial and program management documents; tenant income documentation was also lacking. Property inspections failed in three units due to safety hazards related to electrical outlets, lighting, and water heater access, as well as a water leak. All outstanding items and work orders for repairs have been provided, and the property is now compliant.
For Newstart Housing Corporation, desk monitoring was conducted for five (5) properties and onsite monitoring for two (2) properties. Common findings included missing property management documents and incomplete tenant files. Newstart Housing Corporation has been submitting updated information to staff for review with the remaining documents due at the end of August 2025.
The City of South Gate will continue to inspect units and monitor property management to ensure ongoing compliance with HUD HOME regulations.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
For all HOME funded rental projects, the City has obtained, reviewed, and approved Marketing Plans and Tenant Leases for compliance with HOME Program regulations.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics.
There was no program income reported for FY 2024-2025 for CDBG or HOME programs.
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
30 39
CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
31 40
CR-58 - Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG
Total Number of Activities '1
Total Labor Hours 9,141
Total Section 3 Worker Hours o
Total Targeted Section 3 Worker Hours o
Table 14 - Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships). 1 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding childcare.
Assisted residents to apply for or attend community college or a four year educational institution.
Assisted residents to apply for or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121 (e)(2) of the Workforce Innovation and Opportunity Act.
Other.
Table 15 - Qualitative Efforts - Number of Activities by Program CAPER
OMB Control No: 2506-0117 (exp. 09/30/2021)
27 41
Attachment C
SOUTH GATE PRESS
1007 N SEPULVEDA BLVD STE 1357, MANHATTAN BEACH, CA 90288 Telephone (323) 556-5720 / Fax (2'l3) 834-0584
Yodit Glaze, Cite Clerk
CITY OF SOUTH GATE /CITY CLERK
8650 CALIFORNIA AVE
SOUTH GATE, CA - 90280
PROOF OF PUBLICATION
(2015.5 c.c.p.)
State of Callfori'iia
County of LOS ANGELES
NOtlCeT!/Pe: HRG-NOTICEOFHEARING
Ad Description:
Fiscal Year 2024-2025 CAPER (English)
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested In the above entitled matter. I am the ptlnclpal clerk ofthe prlnterand publisher ofthe SOUTH GATE PRESS, a newspaper published In the English language In the city of SOUTH GATE, county of LOS ANGELE8, and adjudged a newspaper of general circulatlon as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 04/'19/1929,CaseNo.273415. Thatthenotlce,ofwhichlheannexedisa printed copy, has been published In each regular and entire issue of said newspaper and not in any siipplement thereof on the following dates, to-wit:
09/04/2025
Executed on: 09/04/2025
At Los Angeles, Callfornia
I certify (or declare) under penalty of perjury thst ths foregolrig Is true snd canect.
Slgnature
lllllIIIllllllllIIIIIlllllIllllIlllllllllIllllIllIlllIIIIlllIllIIIIllIIIIl AOOOOO7196654
Email
Thls spnce for illlng stamp on)y
SoslitP'\:eoXA'yeCje*
S=E'P -8 2925
FiLED
WWA#: 3962515
PUBLIC NOTICE
CITY OF 80UTH GATE
CITY COUN(,IL
NOTICE OF PUBLI(; HEARING
The City of 8outh Gale (Clly) hereby nolifies the
publk. of a publlc hearinO on Sepfembei 23, 2025.
to receive publk. commenl on the (,ansolldaled
lnnuel Peitonnsnce and Evaluation Rsptirl
FAAPPET,) proor,Igthlshe2cOl2v4l8-2p[lm25greFslsBtzlhl myeeeaUrn0(71hhae proposed Community Devalopment Block aranl
(CDBG) funded acUvilies and projects noted In
the (:lly'a 2024-2025 Acllon Plan, as we11 as IIs
HeartnH Date: Tuesday, September 23, 2025
Tllnei 8:30 p.m. or as soon lherea(ler as the
matter may be heard
Place: City Hall Coundl Chambers ek 8850
Califomia Ave. South Gale. OA 90280
Public Review and Commei Period: The drafi
Fiscal Year 20242025 CAPER will be avallable
for a flfleeii-day publk. revlsw and comment
peiiod commenclng on September 04, 2025,
lhrouqh Ssplsmbar 23, 2025. The draft CAPER
will be mada avallabls for publlc tevlew al the
Cominunlly Development Deparlment, Monday
throiigh TOuraday, 7:30 AM to 5:00 PM, or by
telephoniri(l (323) 563-9535.
tmUa!Ion to be heanli All Interested persons are
Invlled lo Ihe Publla Heating to bti heard. In
addlllon, wrlllen eomrmtnts may be submlllsd to
Manager, 8850 CaliTomla Avenue, South Gate,
OA 902aO, vla small at >[email protected] or
by calllng in during the meellng.
Those desiring a copy ol Uie staff report or TuHher Information related ka lhls proleat should oontaak:
Contact: Caml Averell, Houslng Manager
Phone: (562} 5(13-9535
E-maili [email protected]
Mailing Addreag:
City of South Geile
South Gate. CA 90280-:1075
Accesslbilltyi It Is Ilie Intention oT the City ol
South Gale to oomply with the Americans wllh
Disabilities Act (ADA) in all reapsols. The Clly of
Soulh Gale wlll allempl to azommoda)e
gchsduled publk. hearing to eatahlish need and to
dstermlne IT eddlUonal accommodation Is
feasible.
ESPAFJOL
lnformaoi6n an Espaflol acen:s de esla lunta
puede ser ablenlda Ilamando al (323) 563-9535
9/4125
WWA-39B2516#
SOUTH GATE PRES8
42 PUBLIC NOTICE
CITY OF SOUTH GATE
CITY COUNCIL
Office of tl'ie
South Gak' City Clerk
AU0 2 G 2025
NOTICE OF PUBLIC HEARING FILED
The City of South Gate (City) hereby notifies the public of a public hearing on September 23, 2025, to receive public comment on the Consolidated Annual Performance and Evaluation Report (CAPER) for the 2024-2025 Fiscal Year. The CAPER reports the City's progress in meeting the proposed Community Development Block Grant (CDBG) funded activities and projects noted in the City's 2024-2025 Action Plan, as well as its progress in carrying out the City's Consolidated Plan's five-year strategies.
Hearing Date: Tuesday, September 23, 2025
Time: 6:30 p.m. or as soon thereafter as the matter may be heard Place: City Hall Council Chambers at 8650 California Ave, South Gate, CA 90280 Public Review and Comment Period: The draft Fiscal Year 2024-2025 CAPER will be available for a fifteen-day public review and comment period commencing on September 04, 2025, through September 23, 2025. The draft CAPER will be made available for public review at the City's Community Development Department and online at the City's website at South Gate Housing Authority City of South Gate
Additional information may be obtained from the Community Development Department, Monday through Thursday, 7:30 AM to 5:00 PM, or by telephoning (323) 563-9535.
Invitation to be heard: All interested persons are invited to the Public Hearing to be heard. In addition, written comments may be submitted to the City Council prior to the hearing. Comments may be submitted in writing by mailing comments to City of South Gate, Community Development Department, Attn: Carol Averell Hauling Manager, 8650 California Avenuei SOuth Gate, CA 90280, Via email at [email protected] or by calling in during the meeting.
ThOSe desiring a COp7 0f the Staff report Or further information related tO thiS prOjeCt Should COntaCt:
Contact: Carol Averell, Housing Manager
Phone: (562) 563-9535
E-mail: [email protected]
Mailing Address: City of South Gate - Community Development Department 8650 California Avenue
South Gate, CA 90280-3075
Accessibility: It is the intention of the City of South Gate to comply with the Americans with Disabilities Act (ADA) in all respects. The City of South Gate will attempt to accommodate attendees in every reasonable manner. Please contact at least 72 hours prior to the above scheduled public hearing to establish need and to determine if additional accommodation is feasible.
ESPANOL
lnformaci6n en Espariol acerca de esta junta puede ser obtenida llamando at (323) 563-9535 Published: September 04, 2025
3'l
43 SOUTH GATE PRESS This space lot illlrig slamli only 1007 N SEPULVEDA BLVD STE 1357, MANHATTAN BEACH, CA 90206 Telephone (323) 5'56-5720 / Fax (213) 834-0584
(Mtlce of the
South 'Ga4e Cfty Clerk
SE.P - 8 2025
'F]tJQ
Yodit Giaze, Clty Clerk
CITY OF SOUTH GATE /CITY CLERK
8650 CALIFORNIA AVE
SOUTH GATE, CA - 90280
PROOF OF PUBLICATION
(2015.5 c.c.p.)
Slate of California
County of LOS ANGELES
NOtlCeTYPe: HRG-NOTICEOFHEARiNG
Ad Description:
Fiscal Year 2024-2025 CAPER (Spanish)
I am a citizen of the United States and a resident ofthe State of Californla I am over the age of elghteen years, and not a party to or Interested in the above entitled matter. I am the principal clerk of the printer and publlsher of the SOUTH GATE PRESS, a newspaper published in the Engllsh language In the city of SOUTH GATE, county of LOG ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of Caiifornia by the Superior Court of the County of LO8 ANGELES, State of Callfornla, under dats 04/19/1929,CaseNo.2734'l5. Thatthenotice,ofwhk.htheannexedlsa prlnted copy, has been published In each regular and entire Issue of sald newspaper and not iri any supplement thereof on the followlng dates, to-wit:
09/04/2025
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AV180 PUBll(;O
CIUDAD % SOUTH G AT!t
AYUNT AMIENTO
AV180 tE AUDIENCIA P[IBLICA
La Cludad de Soulh Gate (Ciudad) nollnce al
pGblloo do una audlenttla publlta el 23 ds
de lei Cludad en el cumpllmlerito de Iss
acUvldedes y pioyeckos Tlnandados por la
81lbVencl6n an Bloque para el Desairollo
Comunilado (C:DEIG) pmpuestos sefialados en el
Plan de M;cl6n 2024-2025 de la Cludad. asl
r.omo su ptagreso an la implemenlacl6n ds les
eslrateglas qulnquenales del Plan Consolldado
de la Cludad.
Fecha da la audlenola: marleti 23 do sepllembre
de 2025
Hora:8:30 p.m. o tan pronlo aomo so escuche al
asunlo
pseaprllllredmebll4ededes!Oll2e5mbrEeldsb02rO:d6ohladslaa eclA2P3EdRe eslerA dlsponlble pap revisl6n publica en el
Departan+erilo de Desarrollo Comunitado de la
Cludad y eii liriaa an al slllo web de la Cludad en Aulorldad de VMenda de 8oulh Gate C(udad de
8outh Gate. Se puede oh!erier lnfoimacl6n
adlclonal del Depeilamento do Oesarmllo
Comunilario, da lunee a luevss, do 7:30 a.m. s
!iln:OvOltapa.ntl6,o lalamsaenrdo eels(g3u2@3h)a6d8a3s-953T50.da.las psrsonss Intetesadas ssMn )nvltadas a la
Audlencia Pt)blltn para ser oscuchadas. Adem*s,
ae pueden presenlar comentarios por escd(o al
Concelo Munk.lpsl antea de 1a audlencla. Log
::::tocoamapii\aai"iossn poar':orra'e'o a IrCiu::S':
8oulh Gale. Departamento da Desenollo
Comunllano. Allni Carol Avetell. Gerenle de
vlenda, 8650 Callfornla Avenue. South Gats,
CA 90280, pot ooneo eleclr6nlco a
[email protected] o llamando duranle Is
reunl6n.
Tel6fono: (5621 663-9535
Caifeo electr6nlco! [email protected]
Dlreccl6n postal:
Cludad de South Gale
South Gale. OA 90280-3075
Actieslbilidad: La lnlend6n da la ciudad de
Soulh Gale es cumplli con la Lay ds
Estadounldenses con Dlscapaddades (ADA) an
todos los aspeclog. La eluded ds 8oulh Gaie
Intenlsr!i acomtidar s log aamlsnles de kodas lae
anlerlormsnle para eslablecer la neoesldad y
dslermlnar sl as fatllble una adaplacl6n
adlclonal.
Publlmdo: 04 de sepllembre de 2025.
9/4/26
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80UTH G ATE PRESS
Signature
llfllllllllllllllllllllllilllllllllltlllllllllllllllllllllllllllllllllllll 35 Email
44 Ij V I J IJ r IJ u l-1%- %iT
CIUDAD DE SOUTH GATE
AYUNTAMIENTO
Ofltce ul Ilia
SouTh Gats City Clark
AUG 2 6 2025
AV1SO DE AUDIENCIA PtlBLICA
FJ LED
La Ciudad de South Gate (Ciudad) notifica al publico de una audiencia publica el 23 de septiembre de 2025, para recibir comentarios pub)icos sobre el Informe Anual Consolidado de Desemperio y Evaluaci6n (CAPER) para el Ario Fiscal2024-2025. EI CAPER informa el progreso de la Ciudad en el cumplimiento de las actividades y proyectos financiados por la Subvenci6n en Bloque para el Desarrollo Comunitario (CDBG) propuestos serialados en el Plan de Acci6n 2024-2025 de la Ciudad, asi como su progreso en la implBmentaci6n de las estrategias quinquenales del Plan Consolidado de la Ciudad.
Fecha de la audiencia: Martes 23 de septiembre de 2025 Hora: 6:30 p,m. o tan pronto como se escuche el asunto Lugar: Camaras del Concejo Municipal en 8650 California Ave, South Gate, CA 90280 Perfodo de revisi6n y comentarios publicos: El borrador de CAPER para el ario fiscal 2024-2025 estara disponible para un periodo de revisi6n y comentarios publicos de quince dias a partir del4 de septiembre de 2025 hasta el 23 de septiembre de 2025. El borrador de CAPER estara disponible para revisi6n publica en el Departamento de Desarrollo Comunitario de la Ciudad y en Ifnea en el sitio web de la Ciudad en
Autoridad de Vivienda de South Gate Ciudad de South Gate Se puede obtener informaci6n adicional del Departamento de Desarrollo Comunitario, de lunes a jueves, de 7:30 a.m. a 5:00 p.m., o Ilamando al (323) 563-9535. lnvitaci6n a ser escuchadas: Todas las personas interesadas estan invitadas a la Audiencia POblica para ser escuchadas. Adem*s, se pueden presentar comentarios por escrito al Concejo Municipal antes de la audiencia. Los comentarios pueden enviarse por escrito enviando comentarios por correo a la Ciudad de South Gate, Departamento de Desarrollo Comunitario, Attn: Carol Averell, Gerente de Vivienda, 8650 California Avenue, South Gate, CA 90280, por correo electr6nico a [email protected] o Ilamando durante la reuni6n,
Aquellos que deseen una copia del informe del personal o mas informaci6n relacionada con este proyecto deben comuriicarse con:
Contacto: Carol Averell, Gerente de Vivienda
Telefono: (562) 563-9535
Correo electr6nico: [email protected]@
Direcci6n postal: Ciudad de South Gate - Departamento de Desarrollo Comunitario 8650 Avenida California
South Gate, CA 90280-3075
Accesibilidad: La intenci6n de la ciudad de South Gate es cumplir con la Ley de Estadounidenses con Discapacidades (ADA) en todos los aspectos. La ciudad de South Gate intentara acomodar a los asistentes de todas las maneras razonables. Comuniquese al menos 72 horas antes de la audiencia publica programada anteriormente para establecer la necesidad y determinar si es factible una adaptaci6n adicional.
Publicado: 04 de septiembre de 2025
45 Oi:iccs of the
Soolli Gale City C:ei l Item No. 2
SEP 1 8 2025
FILED CUy of South Gate
I 0'. S <, cirr) CITY COUNCIL
AGENDA BULL
For the Regular Meeting of September 23, 2025
Originating Department: Community Development
nepartmentnirector: cizyanager: Al
";-a RobHouston
SUBJECT: APPROVE A ZONING CODE AMENDMENT TO AMEND TITLE 11, CHAPTER 11.43 (ACCESSORY DWEELING UNITS AND ACCCESSORY STRUCTURES)
OF THE SOUTH GATE MUNICIPAL CODE AND FIND THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENT AL QUALITY ACT.
PURPOSE: Discussion and consideration of a proposed Ordinance to amend Title 11, Chapter
11.43 (Accessory Dwelling Units and Accessory Structures) to comply with state law updates.
RECOMMENDED ACTIONS: Following the conclusion of the Public Hearing, the City Council will consider:
a. Waiving the reading in full and introducing an Ordinance amending Title 11, Chapter 11.43 (Accessory Dwelling Units and Accessory Structures) of the South Gate Municipal Code and;
b. Accepting the determination that the proposed amendment is Exempt from the California Environmental Quality Act ("CEQA") as a "ministerial" project pursuant to CEQA Guidelines Section 15268(a).
PUBLIC NOTIFICATION: Advertising and notification of the public hearing was conducted in compliance with Chapter 11.50.020 of the South Gate Municipal Code. Notice of the hearing was posted and published in the "South Gate Press" newspaper on August 28, 2025.
ENVIRONMENTAL EXEMPTION: The City of South Gate has determined that the zoning code amendment is exempt from CEQA as a "ministerial" project pursuant to CEQA Guidelines Section 15268(a).
FISCAL IMPACT: There is no fiscal impact to the General Fund for the recommended action.
BACKGROUND: In January 2021, the City of South Gate established Chapter 11.43 of the South Gate Municipal Code (SGMC), which allowed Accessory Dwelling Units (ADUs) as required by Government Code Section 66323, previously referred to as "granny flats", "in-law suite" or "rumpus rooms". Since this time, the State law regarding ADUs and Junior Accessory Dwelling Units 1 46
(JADUs) has continued to be modified as new bills are signed into law by the Governor, such as Assembly Bill (AB) 345, Senate Bill (SB) 897, Assembly Bill (AB) 976, Senate Bill (SB) 477, and Senate Bill (SB) 1211. Table 1 below briefly summarizes the context of the bills staff is proposing to codify.
Table 1: State Law Changes Affecting ADUs/ JADUs Bill Effective Date Summary -
AB 345 January 1, 2022 Amend Government Code Section 65852.26 to allow the separate conveyance of an Accessory Dwelling Unit under specific conditions. This applies only if a qualified nonprofit corporation is involved in a program that enables low-income families to buy the ADU with a no-interest loan to a qualified buyer. It also requires the definition of "qualified nonprofit corporation" and "qualified buyer" to ensure these specific criteria are met.
SB 897 January 1, 2023 Amend various Accessory Dwelling Unit Government Code sections to restrict municipalities ability to regulate an ADU's design by requiring municipalities to only impose objective standards on ADUs that include, but not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources.
AB 976 January 1, 2024 Amend Government Code Section 65852.2 to remove owner- occupancy requirement for new Accessory Dwelling Unit applications submitted after January 1, 2025. This change limits the City's ability to impose restriction that require the homeowner to live in either the main house or the ADU.
SB 477 March 25, 2024 Reorganize and clarify existing State laws regarding Accessory Dwelling Units and Junior Accessory Dwelling Units. Previously covered under Government Code Sections 65852.2, 65852.22, 95852.23, and 65852.26. ADU regulations are now consolidated under Section 66310 through 66342 to improve coherence without substantive changes to the regulations.
SB 1211 January 1, 2025 Amend Governrnent Code Section 66323 to require municipalities to amended their Accessory Dwelling Unit ordinance to allow up to eight detached ADUs on multifamily parcels, provided the number of ADUs does not exceed the number of units on the lot.
On August 19, 2025, the Planning Commission considered the proposed Ordinance at a duly noticed public hearing. The Commission did not have any concerns regarding the proposed amendments, nor was there any public input at the meeting. Subsequently, Planning Commission voted 5-0 to adopt Resolution No. 2025-07 recommending approval to the City Council. 2 47
ANALYSIS: To align South Gate Municipal Code (SGMC) Title 11, Chapter 11.43 (Accessory Dwelling Units and Accessory Structures) with new State legislation, Staff propose the following changes:
1. Assembly Bill (AB) 345: Amending Chapter 11.43 to allow for the separate conveyance of an Accessory Dwelling Unit (ADU) under specific circumstances and include pertinent definitions for "qualified nonprofit corporation" and "qualified buyer."
2. Senate Bill (SB) 897: Amending Chapter 11.43 to incorporate the states objective design standards as they relate to height requirements, setbacks, unit size, and parking requirements. 3, Assembly Bill (AB) 976: Eliminating the requirement for an owner-restrictive covenant for all Accessory Dwelling Unit applications.
4 . Senate Bill (SB) 477: Updating the referenced Government Code Section to reflect the updated Government Code Sections 66310-66342.
5. Senate Bill (SB) 1211 : Amending Chapter 11.43 to allow for additional Accessory Dwelling Units on parcels with existing multifamily dwellings - limited to the number of existing units on the lot, not to exceed eight Accessory Dwelling Units.
Attachment 2 provides a detailed list of the proposed changes as they relate to aligning SGMC Chapter 11.43 with the latest ADU State laws. Attachment 3 is a redlined version showing the changes made to SGMC Chapter 11.43. Attachment 4 is a clean copy of SG'MC Chapter 11.43.
ATTACHMENTS: A. ProposedOrdinance
B. South Gate Municipal Code Section 11.43 (Accessory Dwelling Units and Accessory Structures) - Summary of Changes
C. Proposed changes to South Gate Municipal Code Chapter 11.43 (Redlined)
D. South Gate Municipal Code Chapter 11.43 (Clean) E. Resolution 2025-07
3 48
Attachment A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SOUTH GATE, CALIFORNIA5 APPROVING A
ZONING CODE AMENDMENT, WHICH AMENDS
TITLE 11, CHAPTER 11.43 (ACCESSORY DWELLING
UNITS AND ACCESSORY STRUCTURES) OF THE
SOUTH GATE MUNICIPAL CODE, AND FINDING THE
ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, a Zoning Code Amendment has been duly initiated by the City of South Gate ("Applicant"); and
WHEREAS, the Zoning Code Amendment would affect all residentially zoned parcels of the City and parcels allowing residential development as applicable within Title 11 of the Municipal Code; and
WHEREAS, the Zoning Code Amendment is described as an amendment to Title 11, Chapter 11.43 (Accessory Dwelling Units and Accessory Shuctures) of the South Gate Municipal Code, to ensure compliance with State Law and alignment with the intent of the City's General Plan; and
WHEREAS, Chapter 11.43 of the South Gate Municipal Code contains ordinances regarding accessory dwelling units and accessory structures, the stated purpose of which, according to Section 11.43.010 of that Chapter, is to establish the standards for permitting accessory dwelling units onresidential properties in accordance with Section 66310 through 66342 of the California Government Code; and
WHEREAS, since 2021 the Califomia legislature passed, and the Govemor of California signed, a number of Senate Bills ("SB") and Assembly Bills ("AB") which affect accessory dwelling units in the State of Califomia; and
WHEREAS, those Bills modified state laws inways that have caused the above-referenced Chapter of the South Gate Municipal Code to conflict with state law. Those bills are identified as follows and pertain to the following aspects of accessory dwelling unit law:
@ AB 345, which allows separate conveyance of ADUs under specific conditions; * SB 897 which requires only object design standards, such as, but not limited to, parking, height, and setbacks;
* AB976whichremovesowner-occupancyrequirementfornewaccessorydwelling units after January 1, 2025;
49 * SB 477 which reorganizes accessory dwelling units and junior accessory dwelling units laws into Goverent Code Section 66310 through 66342; @ SB 1211 which allows up to eight detached accessory dwelling units on multifamily parcels, not exceeding the parcel's total unit count; and WHEREAS, on August 19, 2025, the Planning Commission voted unanimorisly, 5-0, to recommend approval of the proposed Ordinance.
WHEREAS, on September 23, 2025, the City Council held a duly noticed public hearing to consider the Planning Commission's recommendation on the proposed Ordinance.
WHEREAS, to avoid conflicts between the South Gate Municipal Code and state law, the City Council now wishes to modify Chapter 11.43 of the South Gate Municipal Code by addressing the requirements in those Bills.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 11.43 of the South Gate Municipal Code is hereby amended as set forth in Exhibit "A" attached hereto and incorporated herein by this reference.
SECTION 2. All references herein to "this Ordinance" shall include the modifications set forth in Exhibit "A".
SECTION 3. Many actions undertaken by the City of South Gate are subject to the California Environmental Quality Act, a state law codified at Public Resources Code Sections 21000 through 21189.91 ("CEQA"), and related regulations enacted by the State Resources Agency codified at Title 14 of the California Code of Regulations, Sections 15000 through 15387 (the "CEQA Guidelines"). An action defined as a "project" under CEQA and the CEQA Guidelines is subject to compliance with CEQA, unless exempt. The enactment or amendment of zoning ordinances generally constitutes a project under CEQA, per Section 15378(a)(1) of the CEQ A Guidelines. However, "ministerial projects" are exempt from CEQA, pursuant to Section 15268(a) of the CEQA Guidelines. The term "ministerial" is defined by Section 15369 of the CEQA Guidelines as goven'irnental decisions involving little orno personal judgment by the public official, where the official simply applies the law to the facts using fixed standards and objective measurements, rather than subjective discretion. In the case of this Ordinance, the City Council is taking action which merely aligns the City's Zoning Code with the requirements of State law; the City and its councilmembers, commissioners and officers have no discretion to cause the Municipal Code to deviate from State law. Accordingly, the proposed action is exempt from CEQA as a ministerial act under CEQA Guidelines Section 15268(a).
SECTION 4. If any Section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every Section, subsection, 50 sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
SECTION 6. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in a manner prescribed by law.
ADOPTED this day of , 2025
CITY OF SOUTH GATE:
Maria Davila, Mayor
ATTEST:
Yodit Glaze, City Clerk
(Seal)
APPROVED AS TO FORM:
Raul F. Salinas, City Attorney
51 South Gate Municipal Code Section 11.43 (Accessory Dwelling Units and Accessory Structures) Summary of Changes
Municipal Code 11.43 Ordinance UpdateState LawRegulations South Gate Municipal
Code Section (SGMC)
11.43 > Senate Bill (SB) 477 reorganizes
existing State laws regarding
ADUs and JADUs under
Government Code Section 66310
- 66342, previous Government
Code Sections 65852.2, 65852.22,
65852.23 and 65852.26.
> Currently references the
outdated Government Code
Sections. Revised to be
consistent with SB 477.
> SGMC 11.43.010-11.43.060.
South Gate Municipal
Code Section (SGMC)
11.43.020 -
Definitions.
> Assembly Bill (AB) 345 requires
municipalities to allow for the
separate conveyance of an ADU
under specific conditions. This
applies only if a qualified
nonprofit corporation is involved
in a program that enables low-
income families, referred to as
'qualified buyers', to buy the ADU
with a no-interest load. It also
requires municipalities to amend
their ADU ordinance to include
the definition of 'qualified
nonprofit corporation' and
aqualified buyer' to ensure specific
criteria are met.
> These definitions are currently
absent from SGMC 11.43.020.
There are additional definitions
that need to be amended or
added to provided clarification
and align with State definitions.
> Amended the definition of an
efficiency unit to have a living area of
not less than one hundred and fifty
square feet to be consistent with
California Health and Safety Code
Section 17958.1.
> Amended the definition of a Junior
Accessory Dwelling Unit (JADU) to be
consistent with Governrnent Code
Section 66313.d.
> Amended the definition for livable
space to be consistent with Government
Code Section 66313.e.
> Added the definition for lot coverage to
clearly define what is included in lot
coverage calculations.
> Amended the definition of multifamily
to clearly define what structural
configurations would be classified as
multifarnily.
52 South Gate Municipal Code Section 11.43 (Accessory Dwelling Units and Accessory Structures) Summary of Changes
Municipal Code 11.43State LawRegulations
South Gate Municipal
Code Section (SGMC)
11.43.040 - General
Provisions.
> Assembly Bill (AB) 345 requires
municipalities to allow for the
separate conveyance of an ADU
under specific conditions. This
applied only if a qualified
nonprofit corporation is involved
in a program that enables low-
income families, referred to as
'qualified buyers', to buy the ADU
with a no-interest loan.
'> The current iteration of South
Gate Municipal Code 11.43
does not align with State
requirements.
> Amend SGMC l1.43.040.C. clarifying
that ADUs may be rented separately
from the primary consistent with
Government Code Section 66315 and
allow the separate conveyance of an
ADU from the primary dwelling, under
specific circumstances, consistent with
Government Code Section 66341.
> Amend SGMC l1.43.040.D regarding
nonconforming conditions, code
53 Regulations
South Gate Municipal Code Section 11.43 (Accessory Dwelling Units and Accessory Structures) Summary of Changes
StateLaw MunicipalCode 11.43
> Assembly Bill (AB) 976 removed
the owner-occupancy requirement
for new ADU applications
submitted after January 1, 2025.
Ordinance Update
violations, and unpermitted structures
to be aligned with Government Code
Section 66322.b.
> Senate Bill (SB) 477 reorganizes
existing State laws regarding
ADUs and JADUs under
Governrnent Code Section 66310
- 66342, previous Government
Code Sections 65852.2, 65852.22,
65852.23 and 65852.26.
> Amend SGMC 11.43.040.E. clarifying
that there are no minimum sizes for an
ADU, other than what is necessary per
building code standards for an
efficiency unit, consistent with
Government Code Section 66321.
> Amend SGMC I 1.43.040.F. to align
the city's JADU deed restrictions and
requirements to be consistent with
Government Code Section 66333. As
well as remove the code section
referencing a deed restriction
requirement for ADUs.
> Add SGMC l1.43.040.G. regarding
residency requirements for ADUs and
JADUs consistent with Governrnent
Code Section 66315 and 66333.
> Add SGMC 1 1.43.040.H. outlining the
criteria needed to be met so an ADU
may be sold or conveyed separately
from the primary dwelling consistent
with Government Code Section 66341.
> Add SGMC 1 1.43.040.I. to limit when
the certificate of occupancy for an
ADU is issued to only after a certificate
of occupancy has been issued for the
primary dwelling.
54 South Gate Municipal Code Section 11.43 (Accessory Dwelling Units and Accessory Structures) Regulations
Summary of Changes
Municipal Code 11.43
> >
Development
Standards. -
I
Ordinance UpdateState Law
55 South Gate Municipal Code Section 11.43 (Accessory Dwelling Units and Accessory Structures) Summary of Changes
Municipal Code 11.43 Ordinance UpdateState Law
56 South Gate Municipal Code Section 11.43 (Accessory Dwelling Units and Accessory Structures) Summary of Changes
Municipal Code 11.43 Ordinance UpdateState LawRegulations )" Add SGMC 11.43.050.4. to include
limitations on when impact fees can be
assessed to align with Government
Code Section 66324.c.
South Gate Municipal
Code Section (SGMC)
11.43.060 -
Application and
Review Process.
> Senate Bill (SB) 477 reorganizes
existing State laws regarding
ADUs and JADUs under
Government Code Section 66310
- 66342, previous Government
Code Sections 65852.2, 65852.22,
65852.23 and 65852.26.
> The current iteration of South
Gate Municipal Code 11.43
does not align with State
requirements.
> Amend the verbiage contained in
SGMC 11.43.060.A and D regarding
the ADU review process to be
consistent with Government Code
Section 66317 and 66320.
South Gate Municipal > Not specified.
Code Section (SGMC)
11.43.070 - Accessory
Structures.
> SGMC 11.43.070.E currently
limits the maximumheight of
all detached accessory
stnuctures to 10 ft. This has led
to various pitch proposals that
may not always be
architecturally compatible with
the pmy stnucture.
> Amend code section to allow an
additional 2 feet in height to
accommodate a roof pitch that is
aligned with the roof pitch of the
prunary stnucture.
57 Attachment C
Chapter 11.43
ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES* Sections:
11.43.010 Purpose and intent.
11.43.020 Definitions.
11.43.030 scsLocation and Number.
11.43.040 General provisions.
11.43.050 Development standards.
11.43.060 Application and review process.
11.43.070 Accessory structures.
* Prior ordinance history: Ord. 2323.
11.43.010 Purpose and intent.
1. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located;
3. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and
4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. (Ord. 2021-01-CC § 3, 1-26-21)
11.43.020 Definitions.
For purposes of this chapter the following terms shall have the meanings indicated:
A. "Accessory dDwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residencc. dwelling on a fixcd, pcrmancnt foundation. It ,',S]3772.0!'60893 4912 1203 5342lg90 3378 7)!8Qvh'l
II
58 shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling is or will be situatcd; providcd, however, that a junior accc',sory dwclling unit may sharc sanitation facilitics with thc primary dwclling.An Aaccessory Ddwelling Uunit also includes (i) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code and (ii) a manufactured home, as defined below and in Section 18007 of the Health and Safety Code. An iccessory Ddwelling Uunit must be either (a) attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or (b) detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
B. "Accessory IMwelling Uunit permit" means the formal, written approval of the community development director approving the application for an accessory dwelling unit.
C. "Application" means an application for an Aaccessory dDwelling Uunit permit.
D. "Attached" means attached to the primary dwelling.
E. "Building codes" means all of the requirements for authorization for the construction, alteration, improvement, modification, demolition or removal of any structure within the city of South Gate, including all codes adopted by reference in the municipal code, including but not limited to the California Building Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Residential Code and all local amendments thereto as adopted by the city in the municipal code.
F. "Building permits" means all authorizations and permissions required in accordance with all applicable building codes.
G. "City" means the Ceity of South Gate.
H. "Detached" means detached from the primary dwelling unit.
I. "Director" means the community development director of the eCity of South Gate and all of his/her designees.
J. "Efficiency unit" means a dwelling unit which contains all of the following: (i) a living area of not less than one hundred and fiffy two hundred twenty square feet, plus an additional one hundred square feet for each occupant in excess of two; (ii) a separate closet; (iii) a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front, together with light and ventilation conforming to Part 2.5 of Title 24 of the California Code of Regulations; and (iv) a separate bathroom containing a water closet, lavatory and bathtub or shower.
K. "Existing structure" for the purposes of defining an allowable space that can be converted to an aAccessory dDwelling uUnit means any accessory structure or any space within an existing single-family dwelling or within an existing multifamily dwelling that can be made safely habitable under local building codes at the determination of the building official regardless of any noncompliance with zoning standards.
,'iSl3772.Og60g93 4')12 1203 53"l2'l:990 3378 7gggvhrl lu
59 L. "Junior Aaccessory Ddwelling Uunit" means a unit that is no more than 500 square feet in size and contained entirely within a sinzle-family residence. A iunior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structurcmcans a dwelling unit crcatcd out of spacc cntircly within a proposcd or existing singlc family rcaidcncc, and of no morc than five hundred square fcct in size, which provides independent living facilitics for one or morc pcrsorrs and includes permanent proviaions for living, an efficiency kitchcn, eating and alccping. A junior accessory dwelling unit shall have indcpcndcnt t,xtcrior access. Provisions for aanitation may be providcd within the junior accessory dwelling unit or may share sanitation facilitit,a with tht:i primaro dwelling. j acccssot' dwelling unit may be permitted as an addition to a single family rcsidcnce providcd that all other dcvclopment standard's in Scction XX arc met.
M. "Livable space" means a space in a dwelling intended for human habitation, includitg living, sleeping, eating, cooking, or sanitation.
MN. "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
N0. "Lot" shall mean the single legal parcel of real property upon which the Aaccessory Ddwelling Uunit shall be located.
P. "Lot Coverage" shall be calculated including all covered structures (dwellings, attached and detached garages, shops, sheds, porches, greenhouses, etc.) that require building permits, including lattice and other patio covers. Lot coverage does not include eaves that project two feet or less from building. Lot coverage is determined by the amount of coverage on the lot divided by the lot size, except for flag lots where the pole is not considered as part of the lot size when determining lot coverage.
buildings containing two or more primary dwelling units. Multiple detached single-family dwellings on the same lot are not considered multi-family for the purposes of this chapter limited to two detached single-family dwellings.
. "Municipal code" means the municipal code of the eCity of South Gate. ps. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
R-ST. "Primary dwelling" means a lawfully constructed single-family or multifamily residence existing or proposed on the lot where the accessory dwelling unit may be permitted.
T-UV. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. ,A,Sl3772.Og608')3 n912 1203 53"l24g')0 337g 7gg9vlvl sd-,
60 W. "Qualified Buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
X. "'Qualified Nonprofit Corporation" means a nonprofit corporation otganized to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
UVY. Other words and phrases used in this chapter shall have the same meaning as provided in the South Gate Municipal Code.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.030 a Location and Number.
A, Location of Accessory Dwelling Units. The provisions of this section authorize an aAccessory Ddwelling Uunit to be located on a lot in any zoning district where residential use is pertnitted or conditionally permitted that includes a proposed or existing primary dwelling.
B. Number Allowed.
1. Single-Family Parcels.
13 On lots with one existing or proposed single-family dwelling single-family dwelling, detached from each other, one Aaccessory Ddwelling Uunit and one Junior Aaccessory Ddwelling Uunit may be permitted if all of the following apply:. (iA) The Aaccessory Ddwelling Uunit or Jiunior Aaccessory Ddwelling Ut is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (iiB) The space has exterior access from the proposed or existing sitgle- family dwelling.
(iiiG) The side and rear setbacks are sufficient for fire and safety. (iv.D) The J4unior Aaccessory Ddwelling Uunit complies with the requirements of Government Code sections 66333 through 66339. (b) As an alternative to (but not in addition to) the number allowed by paragraph B.I.(a) above, on lots with one existing or proposed single-family dwelling, one detached, new construction, aAccessory IMwelling Ut that does not exceed four- foot side and rear yard setbacks may be permitted, and that Aaccessory Ddwelling Umit may be combined with a Jiunior Aaccessory Ddwelling Umit meeting the requirements of paragraph B. l.(a) above. -The total floor area of the Aaccessory Ddwelling Uunit ,'.S13772 0),60g93 "1!)12 1203 53"l2lg90 3378 7gg')vlvl 61 (including any iunior acccssory dwcllitg unit containcd therein) shall not exceed 800 square feet; whereas, the total floor area of the Junior Accessory Dwelling Unit shall not exceed 500 square feet.
family dwclling, onc acccssory dwelling unit
family
On lots with morc than one dctachcd singlc
crcatcd by using spacc within the proposcd or cxisting spacc of onc of thc single dwcllings and one detachcd accessory dwelling unit with four foot sidc and rear yard sctbacl", of no morc than cight hundrcd squarc fcct and sixtccn fcct high may bc pcrmittcd. On lots with existing multiplc family dwcllings, acccssotay dwclling units arc :J. Multi-Family Parcel.
existing multifamily structure, and up to a maximum of twenty-five percent of the existin multi le-famil dwellin units ma be converted to Aac Ults. Multiple Aaccessory Ddwelling Umits may be created within the portions of existing multifarnily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. acccssory dwclling unit shall bc allov;cd iiithin an c::i:gting multifaniily atructurc, and up (iA) On a lot with an existing multifamily dwelling, not more than eight detached Aaccessory IMwelling Umits. However, the number of Aaccessory IMwelling Umits allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(iiB) On a lot with a proposed multifamily dwelling, not more than two detached Aaccessory Ddwelling Uts.
(Ord. 2021-01-CC S, 3, 1-26-21)
11.43.040 General Pprovisions.
The following provisions shall apply to all Aaccessory Ddwelling Uunits and Junior Dwelling Units:
,'lSl3772 0g60gQ3 1912 1203 5:M2"l!!90 337)1 7889vlvl l-'Th
62 A. Residential Use. An Aaccessory Ddwelling Uunit shall be used only for residential purposes and no business, enterprise or occupation shall be conducted, permitted or allowed within the Aaccessory Ddwelling Uunit.
B. Compliance with Chapter. No Aaccessory Ddwelling Uunit may be constructed, maintained, improved, altered, enlarged, modified, permitted or allowed within the city except as provided in this chapter and within zones that permit residential uses.
C. Rental and Sale Limitations. Accessory Ddwelling Uunits may be rented separate from the primary residence. If rented, the rental term shall not be for less than thirty days. The Aaccessory Ddwelling Uunit shall not be sold or otherwise conveyed separately from the primary dwelling, except as set forth in subsection -THG of this section.
D. Any Icgally pcrmittcd structurc, or a structurc cot"structcd in thc aamc location and to thc same dimensions as a lcgally permitted structurc, which is to bc convcrtcd to an accessory dwclling unit may be convcrted or built without any additional sctbacks.
E. Nonconforming Residential Structurcs.,'iny nonconforming zoning conditions on thc subject property shall not rcquire correction for thc purpose of adding cithcr an accessory dwclling unit or a junior acccssotay dwclling unit.D. Nonconforming Conditions, Code Violations, or Unpermitted Structures. The city shall not deny an application for a permit to create an Aaccessory IMwelling Umit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the Aaccessory Ddwelling uUnit.
FE. No Minimum Size. There shall be no minimum size for accessory dwelling units which are converted from existing space, besides that which is necessary per building code standards for an efficiency unit.
GF. Deed Restrictions for Junior Accessory Dwelling Units. Before the city will issue a certificate of occupancy for a Junior Aaccessory Ddwelling Uunit in a single family residence, the property owner shall record a deed restriction with the Los Angeles Ceounty pRecorder-in the county rccorder', office, and provide the city with a copy bearing the recording information, a-which deed restriction has been approved by the city attorney as to its form and content and which includes both of the following, containing a reference to the dccd undcr which thc property was acquircd by thc oivncr and stating that:
1. A prohibition on the sale of the Jjunior Aaccessory Ddwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasets. The junior acccssory dwclling unit shall not be sold or othcrvvisc conveycd scparatcly from thc primaiay dwclling, and rcntal of a junior accessot,' dwelling unit shall be for a period of longer than thirty days.
2. A restriction on the size and attributes of the J4unior Aaccessotay Ddwelling unit that conforms with this ChaptcrThc applicant and all subsequent owners of the lot shall at all times occupy, as his or hcr primary rcsidence, eithcr thc rcmaining portion of the primary ,A,S13772.0860893 "1')12 1203 53/12'1!190 3378 7gg')lill'l if
63 dwclling or thc ncwly crcatcd junior acccssory dwclling unit. Owncr occupancy shall not bc rcquired if the owncr is another govcrnmcntal agency, land trust, or housing organization.
3. z'k rcstriction of the junior acccssotay dwelling unit sizc and attributcs exists as rcquircd by Scctions ll.d3.050(,'i)(3), (G), (J), (K), and (M)(2).
H. Bcforc bcing issucd a ccrtificatc of occupancy for an acccssory dwclling unit, the property owner shall file with the county recorder a covcnant agrcemcnt, which has been approved by thc city attorncy as to its form and content, containing a rcfcrcncc to thc dccd under which thc property was acquircd by thc oivner stating that:
1. The acccssoty dwclling unit shall not bc sold or othcrwisc convcycd separately from thc primatay dwclling, and rcntal of an acccssory dwclling unit shall bc for a period of longcr than thirty days.
2. Thc accczsoi' dwclling unit has bccn constructcd in compliancc to thia chaptcr and for residential purposcs in accordancc to plans approvcd by thc city.
I. For any accessotay dwclling unit application on a lot with an existing or proposcd single family dwelling which is rcccivcd on or aftcr January 1, 2025, the owner of the subjcct propcrty and all subscqucnt owners shall be the occupant of either the primaty residence or thc acccssory dwelling unit, and such restriction shall be rccorded on an instrumcnt as approved by thc city attorncy and shall run with thc land.
G. Residency Requirements
1. Accessory Dwelling Units: Except for a sale pursuant to subsection H below, and except for Jiunior Aaccessory Ddwelling Umits pursuant to subsection (G)(2) below, no owner of the sut>iect lot shall be required to occupy either the primary residence or aAccessory Ddwellinz uUnit as the owner's residence.
2. Junior Accessory Dwellinz Units. Owner-occupancy shall be required in the single family residence in which the Jjunior Aaccessory Ddwelling Umit will be permitted. The owner may reside in either the remaininz portion of the structure or the newly created J4unior Aaccessory Ddwelling Ut. Owner-occupancy shall not be required if the owner is a governrnental agency, land trust, or housing organization. -TH. Sales to Qualified Buyers. An accessory dwDelling Uunit may be sold or conveyed separately from the primary dwelling to a qualified buyer if all of the criteria in subsections (-T-GH)(1) through (5) of this section are met. For the purposes of this subsection, the term "qualified buyer" means persons or families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.
1. The Aaccessory Ddwelling Uunit or the primary dwelling was built or developed by a qualified nonprofit corporation. For purposes of this subsection, the term "qualified ,'S,13772 0!,60893 "1912 1203 53"l:Mg90 3378 7g89vh'l iz>
64 nonprofit corporation" means a nonprofit corporation organized pursuant to Internal Revenue Code Section 501(c)(3) that has received a welfare exemption under Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in Revenue and Taxation Code Section 402.1(a)(10).
3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
(a) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(b) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation a right to buy the aAccessory Ddwelling Uunit or primary dwelling if the buyer desires to sell or convey the property. (c) A requirement that the qualified buyer occupy the Aaccessory Ddwelling Uunit or primary dwelling as the buyer's principal residence. (d) Affordability restrictions on the sale and conveyance of the Aaccessory Ddwelling Uunit or primary dwelling that ensure the Aaccessory Ddwelling Umit and primary dwelling will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer.
(e) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant; provided, that the latter cotenant's obligations to each of the other cotenants have been satisfied. (f) Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or agreement with a third party. (g) Procedures for dispute resolution among the parties before resorting to legal action.
4. A grant deed naming the grantor and grantee, and describing the property interest being transferred, shall be recorded in Los Angeles County. A preliminary change of ,'tS]3772.0!'60!!93 "1912 1203 534:Mg00 3378 7!(g9vlvl 65 ownership report shall be filed concurrently with that grant deed pursuant to Revenue and Taxation Code Section 480.3.
5. If requested by a utility providing service to the primary dwelling, the accessory dwelling unit shall have a separate water, sewer, and/or electrical connection to that utility.
Statutory Referencc: Govcrnment Code § ., as modified byAB 345 (September 28, 2021).Nothing in this section limit, thc ability of an acccssory dwclling unit to bc sold or othcrsvise conveycd scparate from thc primatay residencc as a condominium putsuant to an ordinancc adoptcd undcr Govcrnmcnt Codc Scction 66342.
I. Issuance of Certificate of Occupancy. The city shall not issue a certificate of occupancy for an Aaccessory Ddwelling Umit before the city issues a certificate of occupancy for the primary dwelling.
(Ord. 2022-02-CC (Exh. A § 7), 3-8-22; Ord. 2021-01-CC § 3, 1-26-21)
11.43.050 Deve4opment 8standards.
An Aaccessory Ddwelling Uunit may be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
A. Floor Area. The following floor area standards for aAccessory Ddwelling Uunits apply:
2. If the Accessory Dwelling Unit is attached to an existing primary dwelling, the maximum total floor area of the Accessory Dwelling Unit shall be limited to the smaller of (a) the square footage specified in subsection A.1 above, or (b) fi'fty percent (50oA) of the total floor area of the existing primary dwelling. The total floor area of a Ddetachcd acccssory dwclling units shall not cxcccd 1,200 square fcctcight hundred fi2r square feet for a studio or one bedroom unit or one thousand square fcct for a more than onc bcdroom unit.
3. Junior aAccessory IMwelling Uunits shall not exceed five hundred square feet.
B. Lot Coverage. The following lot coverage standards for aAccessory IMwelling Uunits apply:
,'.Sl3772.Og60g')3 n912 1203 53n2"l)"'0 3378 7!(89vhol 71 66
1. The first eight hundred square feet of either an attached or detached Aaccessory IMwelling Uunit will not count towards the lot coverage of the subject property. Any additional footprint after eight hundred square feet will count towards the lot coverage of the property and the lot coverage limits of the underlying zone shall apply.
2. An Aaccessory Ddwelling Ut constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling does not count towards the lot coverage of the property.
C. Minimum Setbacks. The following minimum yard requirements apply:
1. Front Yards. Thc provizions of thc applicable 11ndcrlying zoning dcsignation of the aubjcct propcrty shall apply. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Aaccessory Ddwelling Umit or to a portion of an accessory dwelling unit
2, Rcar Yard',. Thc minimum rcar yard shall bc four fcct.For all other Aaccessory Ddwelling Umits, a setback of four feet from the side and rear lines shall be required, and the front setback shall be as required in the underlying zoning designation of the sut>iect property shall apply. Accessory Dwelling Units that are 800 square feet or less may be located within the front yard setback area of the underlying zoning designation, if there is no other area on the parcel that can accommodate the Accessory Dwelling Unit, as determined by the director of community development, provided that the front yard setback shall not be less than four feet.
3. Side Yards. Thc minimum sidc yard shall bc four feet.
D. Building Separation. There shall be a minimum of six feet separating all construction of the detached Accessory Dwelling Unit from the main building(s) or other accessory structure(s) on the same lot; however, the building separation shall not preclude the development of an 800 square foot Accessory Dwelling Unit, per Government Code Section 66323, subdivision (a)(2).
E. Building Height. The following maximum building height rcquircmcnta limits (measured from the finished grade to the peak of the roof) apply:
1. A height of 16 feet for a detached aAccessory Ddwelling Umit on a lot with an existing or proposed sinzle family or multifamily dwelling unit. Dctachcd acccssotay dwclling units may not cxcccd sixteen feet in hcight, measured from thc finished grade to the peak of the roof.,'ittached acccssot' dwelling units may not excccd the height of thc rooflinc of thc primary dwelling.
2. A height of 18 feet for a detached aAccessory dDwelling nUnit on a lot with an existitg or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a maior transit stop or a high-q.uality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. The cGity shall also allow an additional two feet in height to accommodate a roof pitch on the accessory ,'lSl3772.0!!60gD3 '1912 1203 53n248')0 337!' 7!'89vhol
7.1,
67 dwelling unit that is aligned with the roof pitch of the primary dwelling unit. dwelling units shall not be constructed above a detached garagc cxccpt where it would not exceed the roofline of the primatay dwclling mcasurcd from finished grade to the peak
3. A height of 18 feet for a detached Aaccessory IMwelling Umit on a lot with an existing or proposed multifamily, multistory dwelling.Acccssotay dwclling units and junior acccssot' dwclling units shall havc a vcrtical clcarancc from finished floor to ceiling within the habitablc spacc up to cight feet.
4. A height of 25 feet or the height limitation in the City's Zoning Code that applies to the primary dwelling, whichever is lower, for an Aaccessory dDwelling uUnit that is attached to a primary dwelling. Notwithstanding the foregoing, no Aaccessory Ddwelling Uunit shall exceed two stories.
E, Building Separation. Thcre shall be a minimum of six fcct scparating all construction (including cavca and similar architcctural fcaturcs) of thc dctachcd acccasotay dwelling unit from the main building(s) or other acccssory building(s) on thc samc lot.
FE-. No Passageway. No passazeway shall be required in conjunction with the construction of an Aaccessory Ddwelling Umit.
GF-. Expansion of Existing Structure. An aAccessory dDwelling Uunit created within an existing accessory structure or an existing primary dwelling may include an expansion of not more than one hundred-fifty square feet beyond the same physical dimensions as the existing accessory structure or existing primary dwelling. An expansion beyond the physical limitation of the existing accessory structure or existing primary dwelling shall be limited to accommodating ingress and egress. This expansion will be exempt from local development standards.
1. Accessory structures located within parcels with a single-family dwelling are allowed to be converted and expanded to a maximum of one thousand square feet. The proposed expansion is subiect to the development standards of the underlying zone. -1-;2.Accessory structures located within parcels with multi-family dwellings are not allowed to be expanded beyond one hundred-fi:tty square feet as listed in the above section G.
HG, Parking. No parking shall bc rcquircd for any accessoi' dwelling unit or for any junior accessory dwelling unit.One off-street parking space shall be provided for each Aaccessory Ddwelling Umit. These spaces may be provided as tandem parking on a driveway. Off-street parking shall also be permitted in setback areas in locations determined by city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Notwithstanding the foregoing, no additional parking spaces shall be required in any of the following instances:
1. When a garage, carport, covered parking structure, or uncovered parking space is demolished in coniunction with the construction of an aAccessory Ddwelling uUnit or ,'iSl3772.086 €)),93 4012 1203 53"l2"l!'90 3378 78g9vlvl '7,R
68 converted to an Aaccessory Ddwelling Utuiit, those off-street parking spaces need not be replaced.
2. No parking spaces arc is rcquired for a J4unior Aaccessory Ddwelling Umit.
3. No parking is required nccd bc provided for an Aaccessory Ddwelling Umit in any of the following circumstances:
(a) Wwhere the Aaccessory Ddwelling Umit is located within one-lialf of one mile walkitg distance of public transit;
(b) Wwhere the Aaccessory Ddwelling Umit is located within an architecturally and historically significant historic district;
(ce) Wwhere the Aaccessory Ddwelling Umit is part of the proposed or existing primary residence or an accessory structure;
(d) Wwhemn on-street parking permits are required but not offered to the occupant of the Aaccessory Ddwelling Umittffl;
(e) Wwhhenen there is a car share vehicle located within one block of the aAccessory Ddwelling Umit; or
(f} Wwhen a permit application for an Aaccessory Ddwelling Umit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the sai'ne lot, provided that the aAccessory Ddwelling Umit or the parcel satisfies any other criteria listed in this subdivision.
IH. Local Building Code Requirements. Local building code requirements that apply to detached dwellings shall apply to detached Aaccessory Ddwelling Uunits, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the city building official makes a written finding based on substantial evidence in the record that the construction of the Aaccessory Ddwelling Umit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be inteipreted to prevent the city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this Chapter.
JJ. Private Sewage Disposal or Onsite Wastewater Treatment Systems. If a private sewage disposal system will be used in connection witli the aAccessory Ddwelling Umit, approval by the local health officer shall be a condition to the issuance of the permit for the aAccessory Ddwelling Umit. The city may require, as part of the application for a permit to create an Aaccessory Ddwelling Uunit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
,'.Sl3772.0860g')3 "1')12 1203 53'l2'l!'90 3378 782')vhal ')Ll
69 K-T. Detached Garages. A demolition permit application for a detached garage that is to be replaced with an Aaccessory Ddwelling Ut shall be reviewed with the application for the aAccessory dDwelling uUnit, and both permits shall be issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an Aaccessory Ddwelling Umit, unless the property is located within an arcliitecturally and historically significant historic district. n.L.K. Design Standards. The following design standards shall apply to all Aaccessory Ddwelling Uunits; however, the fagade limitation shall not preclude the development of an 800 square foot or less Accessory Dwelling Unit, per Government Code Section 66323, subdivision a;
1. An attached aAccessory dDwelling uUnit shall not involve any changes to existing street facing walls nor to existing floor and roof elevations,r
2. This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section of the California Health and Safety Code.
3, Accessory Dwelling Unit design shall integrate building-mounted lighting consistent with the design and character of the stnucture, at all proposed exterior entrances. (31 All exterior lighting shall be shielded in a way so that no light spills onto adjacent properties.
4. The design, pitch, color, material, and texture of the roof and eave details of an Accessory Dwelling Unit shall be substantially the same as the primary unit.
5. The color, material, and texture of all building walls, windows, and doors of an Accessory Dwelling Unit shall be similar to and compatible with the primary unit.
6. Accessory Dwelling Unit's architectural style and scale shall match the primary dwelling.
7. Except for a master bedroom that leads to an exterior area, no bedroom shall have a door that leads to an exterior area.
JML-. Garage Conversions. Garage conversions shall be allowed subject to the following provtstons:
1. No additional setback shall be required for an existing garage which is converted to an Aaccessory Ddwelling Uunit.
2. The garage door shall be removed and replaced with a new facade. The new facade shall include a minimum of one window or entryway.
JNA4. Junior Accessory Dwelling Units. Onc junior accessory dwelling unit shall be pcrmittcd on lot', with an cxisting or proposcd primatay dwelling and no more than one detached accessory dwelling unit subject to thc following provisions:
,',Sl3772.Og60g')3 d')12 1203 53n2"lg90 3378 7)Ig9vh'l !5
70 is subject to all development standards applicable to the underlining zone.
2. The unit shall be no more than five hundred square feet in floor area.
3. The unit unit may maintain an intcrior conncction to thc primary dwclling and shall provide an exterior entrance separate from the primary dwelling entrance.
4. The unit may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling. If those facilities are shared, the J4unior Aaccessory Ddwelling Umit shall include (in addition to the separate entrance from the main entrance to the structure as required in the preceding paragraph), an interior entry to the main living area.
5. The unit shall include an efficiency kitchen that shall include the following components:
a-A cooking facility with appliances; and
a.
b. ii-A food preparation counter and storage cabinets.
KNO. Interior Amenities. Washer/dryer hookups shall be provided within an aAccessory Ddwelling Uunit or the hookups may be provided within a shared common space.
LPO. Fire Sprinklers. Accessory Ddwelling Uunits shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an Aaccessory Ddwelling Uunit shall not trigger a requirement for fire sprinklers to be installed in the existing dwelling.
MQp. Utility Connections and Fees.
1. Accessory dDwelling uUnits shall not be considered new residential uses for the purposes of calculating city and county coru'iection fees or capacity charges for utilities, including water and sewer service, unless the Aaccessory Ddwelling Uunit was constructed in conjunction with a new primary dwelling.
2. For a 5unior Aaccessory Ddwelling Uunit or an Aaccessory Ddwelling Uunit located within the existing primary dwelling, a new or separate utility meter shall not be ,'.Sl3772.0g60g93 d912 1203 5.3'l2"lg"0 3378 7)'g9vh'l 'ylt-,
71 required and a related connection or capacity fee may not be charged, unless the aAccessory Ddwelling uUnit has been constructed with a new primary dwelling.
3. When the Aaccessory Ddwelling Uunit is attached or detached, a new or separate utility meter shall not be required.
4, The city shall not impose any impact fee upon the development of an Aaccessory Ddwelling Umit less than 750 square feet. Any impact fees charged for an Aaccessory Ddwelling Umit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. As used herein, "impact fee" has the same meaning as the term "fee" as defined in subdivision (b) of Goverent Code Section 66000, except that it also includes fees specified in Government Code Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by the city or any other local azency, special district, or water corporation. (Ord. 2021-01-CC § 3, 1-26-21)
11.43.060 Application and Rreview Pprocess.
A. Processing Application. Within sixty days of receipt of a completed application, submitted with all supporting documentation to the specifications provided by the director and, if applicable, all fees required for building permits, development and planning approvals, authorizations and permissions, in accordance with Government Code Sections 66000 et seq. ,the permit application shall be either approved or denied. , the director shall issuc an acccssory dwelling unit pcrmit,Thc permit application shall be considered and approved ministerially, without discretionary review or hearing, upon making a determination that the proposed accessory dwelling unit would be in compliance with this chapter and that all required approvals, permits, authorizations and permissions exist for the lawful use of the accessory uses or will be issued by the appropriate agency or department. Notwithstanding the foregoing sixty-day issuance requirement, if the permit application to create an Aaccessory Ddwelling Uunit or a 5unior Aaccessory Ddwelling Uunit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the Aaccessory Ddwelling Uunit or the 3unior Aaccessory Ddwelling Uunip until the city acts on the permit application to create the new single-family dwelling, but the application to create the Aaccessory IMwelling Uunit or 8unior Aaccessory Ddwelling Uunit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay.
B. Health Official Approval. In the event that the property is served by a functioning private sewage disposal system, any application for an aAccessory dDwelling uUnit must be approved by the health official for the city before an accessory dwelling unit permit may be issued by the director.
C. Conditions of Approval. The director may include conditions on the aAccessory Ddwelling Uunit permit that are consistent with this chapter. ,'.Sl3772.Og60g')3 '1')12 1203 53"l24g90 3378 7Kg')vlvl 72 D. If the city denies an application for an Aaccessory Ddwellinz Umit or a .iunior Aaccessory IMwelling Umit pursuant to subsection A above, the city shall, within the time period described in subsection A above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by tlie applicant.
(Ord. 2021-01-CC e) 3, 1-26-21)
11.43.070 Accessory Sstructures.
The following provisions, in combination with Section 11.43.060 (Application and review process), are minimum requirements for all accessory structures:
A. Nonhabitable accessory buildings or structures include but are not limited to the following:
1. Garages;
2. Carports;
3. Workshops;
4. Storage rooms or sheds;
5. Detached patio covers;
6, pool 5gthrooms.
B. All nonhabitable accessory buildings or structures, with the exception of a pool bathroom, are not permitted to contain a bathroom.
C. Pool bathrooms consisting of a three-quarter bathroom are permitted in conjunction with the development of a pool or when a pool exists on the lot.
D. With the exception of a garage or an accessory dwelling unit, a detached accessory structure shall not be located in the front of the main building or directly between the main building and the street.
E. All detached accessory structures or buildings within residential zones, except accessory dwelling units, shall be a minimum of five feet from any property line, unless otherwise expressed in this code, be located at least six feet from the main building and be no taller than ten feet high. Garages are allowed an additional 2-feet in height to accommodate a roof pitch that is aligned with the roof pitch of the primary structure.
F. Accessory structures are not permitted above a detached garage in residential zones.
G. Canopy Structures. The following regulations apply to canopy structures on a residential lot:
1. Canopy structures shall not be not be located on any lot for a period of more than three days.
.AS13772.0!'60)'93 "1912 1203 53n24g"0 3378 7889vlvl
'J<7
73 2. Canopy structures shall not be located within the view of a public right-of-way, front or side yard area or driveway.
3. Canopy structures with a maximum projected canopy area of two hundred square feet, maximum height of twelve feet and a maximum length of twenty feet may be located within a rear yard area.
4. Reflective, mirrored type covering material shall be prohibited.
H. Storage Containers. Storage containers may be located on a lot developed with a single- family residence on a temporary basis, subject to the following standards:
1. Short-Term Location. One storage container may be located on a lot up to a total of fourteen days in any calendar year without the approval of any permit.
2. Administrative Review. One storage container may be located on a lot for up to six months in conjunction with permitted construction activity on the same lot, subject to approval pursuant to an administrative review. Approval pursuant to an administrative review for this purpose may only be undertaken in conjunction with construction activity for which a valid city building and/or grading permit has been issued and continues to remain active and valid. Regardless of the time period for which the presence of the container is approved pursuant to an administrative review, the right to keep the storage container on the lot shall automatically expire upon the expiration or termination of all grading and building permits, or upon the final inspection and completion of associated construction activity. In cases where a storage container has been located on a lot in an unauthorized manner prior to approval by an administrative review, any approved time duration shall cornrnence and run from the date during which the location of the storage container on the lot was first documented.
3. Where the temporary presence of a storage container has been approved by an administrative review, the deadline for removal of the container may be extended for up to six months by the director of community development for good cause.
4. Location.Thelocationofatemporarystoragecontainershallbesubjecttoapproval pursuant to an administrative review and shall take into consideration such factors as visibility from the street and surrounding properties, and visual and privacy impacts to surrounding properties. The storage container may only be located in the front yard when location in other areas is not feasible or would create other impacts. Location of a storage container on a driveway may only be approved where access to the garage or carport can continue to be provided for at least one vehicle.
5. Size. Storage containers shall be no greater than twenty feet in length, ten feet in height, and ten feet in width.
6. Permanent Placement. Permanent placement of storage containers is prohibited on vacant lots and lots developed with residential uses. .AiSl3772.0860g')3 n"12 1203 5:H;Mg')0 33:!, 7!189vlvl 74 I. Garages and Carports. Garages and carports shall have a minimum interior clear width of eighteen feet and depth of twenty feet between columns or walls. Three-car garages shall have a minimum interior clear width of twenty-seven feet and depth of twenty feet.
1. Tandem garage parking is permitted in NL or NM zones to comply with a required three-car garage for a single residential unit. This requires a garage to have a minimum of two parking spaces side-by-side at the garage entrance and minimum nine feet by twenty feet shall be provided behind. (Ord. 2021-01-CC § 3, 1-26-21)
Irs
,A,Sl3772.0860g93 "1912 1203 53/1:Mg90 3378 788')vlvl 75 Attachment D
Chapter 11.43
ACCESSORY DWELLING UNITS AND ACCESSORY STRUCTURES* Sections:
11.43.010 Purpose and intent.
11.43.020 Definitions.
11.43.030 Location and Number.
11.43.040 General provisions.
11.43.050 Development standards.
11.43.060 Application and review process.
11.43.070 Accessory structures.
* Prior ordinance history: Ord. 2323.
11.43.010 Purpose and intent.
A. This chapter (the "chapter") establishes the standards for permitting Accessory Dwelling Units ("Accessory Dwelling Units") within the City of South Gate, fornnerly known as "second dwelling units," on residential properties in accordance with Sections 66310 through 66342 and Sections 65852.27, and 65863.3 of the California Government Code, as amended and effective March 25, 2024. An accessory dwelling unit that conforms to the development and design standards in this chapter shall:
1. Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located;
3. Not be considered in the application of any ordinance, policy, or program to limit residential growth; and
4. Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service. (Ord. 2021-01-CC § 3, 1-26-21)
11.43.020 Definitions.
For purposes of this chapter the following terms shall have the meanings indicated:
A. "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling is or will be /')1
76 situated. An Accessory Dwelling Unit also includes (i) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code and (ii) a manufactured home, as defined below and in Section of the Health and Safety Code. An Accessory Dwelling Unit must be either (a) attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or (b) detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
B. "Accessory Dwelling Unit permit" means the formal, written approval of the comn'iunity development director approving the application for an accessory dwelling unit.
C. "Application" means an application for an Accessory Dwelling Unit permit.
D. "Attached" means attached to the primary dwelling.
E. "Building codes" means all of the requirements for authorization for the construction, alteration, improvement, modification, demolition or removal of any structure within the city of South Gate, including all codes adopted by reference in the municipal code, including but not limited to the California Building Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Residential Code and all local amendments thereto as adopted by the city in the municipal code.
F. "Building permits" means all authorizations and permissions required in accordance with all applicable building codes.
G. "City" means the City of South Gate.
H. "Detached" means detached from the primary dwelling unit.
I. "Director" means the community development director of the City of South Gate and all of his/her designees.
J. "Efficiency unit" means a dwelling unit which contains all of the following: (i) a living area of not less than one hundred and fifty square feet, plus an additional one hundred square feet for each occupant in excess of two; (ii) a separate closet; (iii) a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front, together with light and ventilation conforming to Part 2.5 of Title 24 of the California Code of Regulations; and (iv) a separate bathroom containing a water closet, lavatory and bathtub or shower.
K. "Existing structure" for the purposes of defining an allowable space that can be converted to an Accessory Dwelling Unit means any accessory structure or any space within an existing single-family dwelling or within an existing multifamily dwelling that can be made safely habitable under local building codes at the determination of the building official regardless of any noncompliance with zoning standards.
'l/)
77 L. "Junior Accessory Dwelling Unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
M. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
N. "Living area" means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
0. "Lot" shall mean the single legal parcel of real property upon which the Accessory Dwelling Unit shall be located.
P. "Lot Coverage" shall be calculated including all covered structures (dwellings, attached and detached garages, shops, sheds, porches, greenhouses, etc.) that require building permits, including lattice and other patio covers. Lot coverage does not include eaves that project two feet or less from building. Lot coverage is determined by the amount of coverage on the lot divided by the lot size, except for flag lots where the pole is not considered as part of the lot size when determining lot coverage.
Q. "Multifamily," "multi-family" or "multiple family" when used in this chapter shall mean buildings containing two or more primary dwelling units. Multiple detached single-family dwellings on the same lot are not considered multi-family for the purposes of this chapter, limited to two detached single-family dwellings.
R. "Municipal code" means the municipal code of the City of South Gate.
S. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
T. "Primary dwelling" means a lawfully constructed single-family or multifamily residence existing or proposed on the lot where the accessory dwelling unit may be pernnitted.
U. "Proposed dwelling" means a dwelling that is the subject of a permit application submitted to the city and that meets the requirements for permitting in the city.
V. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
W. "Qualified Buyer" means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
X. "Qualified Nonprofit Corporation" means a nonprofit corporation organized to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program. '2,-2,
78 Y. Other words and phrases used in this chapter shall have the same meaning as provided in the South Gate Municipal Code.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.030 Location and Number.
A. Location of Accessory Dwelling Units. The provisions of this section authorize an Accessory Dwelling Unit to be located on a lot in any zoning district where residential use is permitted or conditionally permitted that includes a proposed or existing primary dwelling.
B. Number Allowed.
1. Single-Family Parcels.
(a) On lots with one existing or proposed single-family dwelling or two single-family dwelling, detached from each other, one Accessory Dwelling Unit and one Junior Accessory Dwelling Unit may be permitted if all of the following apply:
(i) The Accessory Dwelling Unit or Junior Accessory Dwelling Unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single- family dwelling.
(iii) The side and rear setbacks are sufficient for fire and safety. (iv) The Junior Accessory Dwelling Unit complies with the requirements of Governrnent Code sections 66333 through 66339. (b) As an alternative to (but not in addition to) the number allowed by paragraph B.I.(a) above, on lots with one existing or proposed single-family dwelling, one detached, new construction, Accessory Dwelling Unit that does not exceed four-foot side and rear yard setbacks may be permitted, and that Accessory Dwelling Unit may be combined with a Junior Accessory Dwelling Unit meeting the requirements of paragraph B.I.(a) above. The total floor area of the Accessory Dwelling Unit shall not exceed 800 square feet; whereas, the total floor area of the Junior Accessory Dwelling Unit shall not exceed 500 square feet.
2. Multi-Family Parcel.
(a) At least one such Accessory Dwelling Unit shall be allowed within an existing multifamily structure, and up to a maximum of twenty-five percent of the existing multiple-family dwelling units may be converted to Accessory Dwelling Units. 3(1
79 Multiple Accessory Dwelling Units may be created within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. (b) Multiple detached Accessory Dwelling Units, not to exceed the number specified in clause (i) or (ii) below, as applicable, may be built on a lot that has an existing or proposed multifamily dwelling. The detached Accessory Dwelling Units are subject to a side and rear yard setbacks of four feet. (i) On a lot with an existing multifamily dwelling, not more than eight detached Accessory Dwelling Units. However, the number of Accessory Dwelling Units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(ii) On a lot with a proposed multifamily dwelling, not more than two detached Accessory Dwelling Units.
(Ord. 2021-01-CC § 3, 1-26-21)
11.43.040 General Provisions.
The following provisions shall apply to all Accessory Dwelling Units and Junior Dwelling Units:
A. Residential Use. An Accessory Dwelling Unit shall be used only for residential purposes and no business, enterprise or occupation shall be conducted, permitted or allowed within the Accessory Dwelling Unit.
B. Compliance with Chapter. No Accessory Dwelling Unit may be constructed, maintained, improved, altered, enlarged, modified, permitted or allowed within the city except as provided in this chapter and within zones that permit residential uses.
C. Rental and Sale Limitations. Accessory Dwelling Units may be rented separate from the primary residence. If rented, the rental term shall not be for less than thirty days. The Accessory Dwelling Unit shall not be sold or otherwise conveyed separately from the primary dwelling, except as set forth in subsection H of this section.
D. Nonconforming Conditions, Code Violations, or Unpermitted Structures. The city shall not deny an application for a permit to create an Accessory Dwelling Unit due to the conection of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the Accessory Dwelling Unit.
E. No Minimum Size. There shall be no minimum size for accessory dwelling units which are converted from existing space, besides that which is necessary per building code standards for an efficiency unit.
F. Deed Restrictions for Junior Accessory Dwelling Units. Before the city will issue a certificate of occupancy for a Junior Accessory Dwelling Unit in a single family residence, the ?5
80 property owner shall record a deed restriction with the Los Angeles County Recorder, and provide the city with a copy bearing the recording information, which deed restriction has been approved by the city attorney as to its form and content and which includes both of the following:
1. A prohibition on the sale of the Junior Accessory Dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
2. A restriction on the size and attributes of the Junior Accessory Dwelling unit that conforms with this Chapter.
G. Residency Requirements.
1. Accessory Dwelling Units: Except for a sale pursuant to subsection H below, and except for Junior Accessory Dwelling Units pursuant to subsection (G)(2) below, no owner of the subject lot shall be required to occupy either the primary residence or Accessory Dwelling Unit as the owner's residence.
2. Junior Accessory Dwelling Units. Owner-occupancy shall be required in the single family residence in which the Junior Accessory Dwelling Unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created Junior Accessory Dwelling Unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.
H. Sales to Qualified Buyers. An accessory Delling Unit may be sold or conveyed separately from the primary dwelling to a qualified buyer if all of the criteria in subsections (H)(1) through (5) of this section are met. For the purposes of this subsection, the term "qualified buyer" means persons or families of low or moderate income, as that term is defined in Health and Safety Code Section 50093.
1. The Accessory Dwelling Unit or the primary dwelling was built or developed by a qualified nonprofit corporation. For purposes of this subsection, the term "qualified nonprofit corporation" means a nonprofit corporation organized pursuant to Internal Revenue Code Section 501(c)(3) that has received a welfare exemption under Revenue and Taxation Code Section 214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.
2. There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in Revenue and Taxation Code Section 402.1(a)(10).
3. The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:
81 (a) The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.
(b) A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation a right to buy the Accessory Dwelling Unit or primary dwelling if the buyer desires to sell or convey the property. (c) A requirement that the qualified buyer occupy the Accessory Dwelling Unit or primary dwelling as the buyer's principal residence. (d) Affordability restrictions on the sale and conveyance of the Accessory Dwelling Unit or primary dwelling that ensure the Accessory Dwelling Unit and primary dwelling will be preserved for low-income housing for forty-five years for owner-occupied housing units and will be sold or resold to a qualified buyer. (e) Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant; provided, that the latter cotenant's obligations to each of the other cotenants have been satisfied. (f) Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or agreement with a third party. (g) Procedures for dispute resolution among the parties before resorting to legal action.
4. A grant deed naming the grantor and grantee, and describing the property interest being transferred, shall be recorded in Los Angeles County. A preliminary change of ownership report shall be filed concurrently with that grant deed pursuant to Revenue and Taxation Code Section 480.3.
5. If requested by a utility providing service to the primary dwelling, the accessory dwelling unit shall have a separate water, sewer, and/or electrical connection to that utility.
I. Issuance of Certificate of Occupancy. The city shall not issue a certificate of occupancy for an Accessory Dwelling Unit before the city issues a certificate of occupancy for the primary dwelling.
(Ord. 2022-02-CC (Exh. A § 7), 3-8-22; Ord. 2021-01-CC § 3, 1-26-21)
11.43.050 Development Standards.
82 An Accessory Dwelling Unit may be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.
A. Floor Area. The following floor area standards for Accessory Dwelling Units apply:
1. The total floor area of an Accessory Dwelling Unit shall not exceed eight hundred fifty square feet if the Accessory Dwelling Unit has one bedroom or less, and shall not exceed 1,000 square feet if the Accessory Dwelling Unit has more than one bedroom.
2. If the Accessory Dwelling Unit is attached to an existing primary dwelling, the maximum total floor area of the Accessory Dwelling Unit shall be limited to the smaller of (a) the square footage specified in subsection A.1 above, or (b) fifty percent (50%) of the total floor area of the existing primary dwelling.
3. Junior Accessory Dwelling Units shall not exceed five hundred square feet.
B. Lot Coverage. The following lot coverage standards for Accessory Dwelling Units apply:
1. The first eight hundred square feet of either an attached or detached Accessory Dwelling Unit will not count towards the lot coverage of the subject property. Any additional footprint after eight hundred square feet will count towards the lot coverage of the property and the lot coverage limits of the underlying zone shall apply.
2. An Accessory Dwelling Unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling does not count towards the lot coverage of the property.
C. Minimum Setbacks. The following setback requirements apply:
1. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an Accessory Dwelling Unit or to a portion of an accessory dwelling unit
2. For all other Accessory Dwelling Units, a setback of four feet from the side and rear lines shall be required, and the front setback shall be as required in the underlying zoning designation of the subject property shall apply. Accessory Dwelling Units that are 800 square feet or less may be located within the front yard setback area of the underlying zoning designation, if there is no other area on the parcel that can accornrnodate the Accessory Dwelling Unit, as determined by the director of cornrnunity development, provided that the front yard setback shall not be less than four feet.
D. Building Separation. There shall be a minimum of six feet separating all construction of the detached Accessory Dwelling Unit from the main building(s) or other accessory structure(s) on the same lot; however, the building separation shall not preclude the development of an 800 square foot Accessory Dwelling Unit, per Government Code Section 66323, subdivision (a)(2). 83 E. Building Height. The following maximum building height limits (measured from the finished grade to the peak of the roof) apply:
1. A height of 16 feet for a detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit.
2. A height of 18 feet for a detached Accessory Dwelling Unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. The city shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
3. A height of 18 feet for a detached Accessory Dwelling Unit on a lot with an existing or proposed multifamily, multistory dwelling.
4. A height of 25 feet or the height limitation in the City's Zoning Code that applies to the primary dwelling, whichever is lower, for an Accessory Dwelling Unit that is attached to a primary dwelling. Notwithstanding the foregoing, no Accessory Dwelling Unit shall exceed two stories.
F. No Passageway. No passageway shall be required in conjunction with the construction of an Accessory Dwelling Unit.
G. Expansion of Existing Structure. An Accessory Dwelling Unit created within an existing accessory structure or an existing primary dwelling may include an expansion of not more than one hundred-fi'fty square feet beyond the same physical dimensions as the existing accessory structure or existing primary dwelling. An expansion beyond the physical limitation of the existing accessory structure or existing primary dwelling shall be limited to accommodating ingress and egress. This expansion will be exempt from local development standards.
1. Accessory structures located within parcels with a single-family dwelling are allowed to be converted and expanded to a maximum of one thousand square feet. The proposed expansion is subject to the development standards of the underlying zone.
2. Accessory structures located within parcels with multi-family dwellings are not allowed to be expanded beyond one hundred-fifty square feet as listed in the above section G.
H. Parking. One off-street parking space shall be provided for each Accessory Dwelling Unit.
These spaces may be provided as tandem parking on a driveway. Off-street parking shall also be permitted in setback areas in locations determined by city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Notwithstanding the foregoing, no additional parking spaces shall be required in any of the following instances:
1. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an Accessory Dwelling Unit or 84 converted to an Accessory Dwelling Unit, those off-street parking spaces need not be replaced.
2. No parking is required for a Junior Accessory Dwelling Unit.
3. No parking is required for an Accessory Dwelling Unit in any of the following circumstances:
(a) Where the Accessory Dwelling Unit is located within one-half of one mile walking distance of public transit;
(b) Where the Accessory Dwelling Unit is located within an architecturally and historically significant historic district;
(c) Where the Accessory Dwelling Unit is part of the proposed or existing primary residence or an accessory structure;
(d) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit;
(e) When there is a car share vehicle located within one block of the Accessory Dwelling Unit; or
(f) When a pernnit application for an Accessory Dwelling Unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the Accessory Dwelling Unit or the parcel satisfies any other criteria listed in this subdivision.
I. Local Building Code Requirements. Local building code requirements that apply to detached dwellings shall apply to detached Accessory Dwelling Units, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the city building official makes a written finding based on substantial evidence in the record that the construction of the Accessory Dwelling Unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent the city from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this Chapter.
J. Private Sewage Disposal or Onsite Wastewater Treatment Systems. If a private sewage disposal system will be used in coru"iection with the Accessory Dwelling Unit, approval by the local health officer shall be a condition to the issuance of the permit for the Accessory Dwelling Unit. The city may require, as part of the application for a permit to create an Accessory Dwelling Unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
K. Detached Garages. A demolition permit application for a detached garage that is to be replaced with an Accessory Dwelling Unit shall be reviewed with the application for the L40
85 Accessory Dwelling Unit, and both permits shall be issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an Accessory Dwelling Unit, unless the property is located within an architecturally and historically significant historic district.
L. Design Standards. The following design standards shall apply to all Accessory Dwelling Units; however, the fagade limitation shall not preclude the development of an 800 square foot or less Accessory Dwelling Unit, per Governrnent Code Section 66323, subdivision (a)(1)-(4):
1. An attached Accessory Dwelling Unit shall not involve any changes to existing street facing walls nor to existing floor and roof elevations.
2. This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section 18007 of the California Health and Safety Code.
3. Accessory Dwelling Unit design shall integrate building-mounted lighting consistent with the design and character of the structure, at all proposed exterior entrances. (a). All exterior lighting shall be shielded in a way so that no light spills onto adjacent properties.
4. The design, pitch, color, material, and texture of the roof and eave details of an Accessory Dwelling Unit shall be substantially the same as the primary unit.
5. The color, material, and texture of all building walls, windows, and doors of an Accessory Dwelling Unit shall be similar to and compatible with the primary unit.
6. Accessory Dwelling Unit's architectural style and scale shall match the primary dwelling.
7. Except for a master bedroom that leads to an exterior area, no bedroom shall have a door that leads to an exterior area.
M. Garage Conversions. Garage conversions shall be allowed subject to the following prOVlSlOnS:
1. No additional setback shall be required for an existing garage which is converted to an Accessory Dwelling Unit.
2. The garage door shall be removed and replaced with a new facade. The new facade shall include a minimiun of one window or entryway.
N. Junior Accessory Dwelling Units.
1. The Junior Accessory Dwelling Unit shall be 'fully located within the walls of an existing or proposed primary dwelling. For purposes of the preceding sentence, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing primary dwelling.
U)
86 a. A Junior Accessory Dwelling Unit may be proposed as new constniction as long as all the following criteria are met:
i. Junior Accessory Dwelling Unit is limited to 500 square feet. ii. Junior Accessory Dwelling Unit is limited to a studio. iii. New construction to accommodate a Junior Accessory Dwelling Unit is subject to all development standards applicable to the underlining zone.
2. The unit shall be no more than five hundred square feet in floor area.
3. The unit shall provide an exterior entrance separate from the primary dwelling entrance.
4. The unit may contain separate sanitation facilities or may share sanitation facilities with the primary dwelling. If those facilities are shared, the Junior Accessory Dwelling Unit shall include (in addition to the separate entrance from the main entrance to the structure as required in the preceding paragraph), an interior entry to the main living area.
5. The unit shall include an efficiency kitchen that shall include the following components:
a. A cooking facility with appliances; and
b. A food preparation counter and storage cabinets.
0. Interior Amenities. Washer/dryer hookups shall be provided within an Accessory Dwelling Unit or the hookups may be provided within a shared common space.
P. Fire Sprinklers. Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an Accessory Dwelling Unit shall not trigger a requirement for fire sprinklers to be installed in the existing dwelling.
Q. Utility Connections and Fees.
1. Accessory Dwelling Units shall not be considered new residential uses for the purposes of calculating city and county coru'iection fees or capacity charges for utilities, including water and sewer service, unless the Accessory Dwelling Unit was constructed in conjunction with a new primary dwelling.
2. For a Junior Accessory Dwelling Unit or an Accessory Dwelling Unit located within the existing primary dwelling, a new or separate utility meter shall not be required and a related connection or capacity fee may not be charged, unless the Accessory Dwelling Unit has been constructed with a new primary dwelling.
3. When the Accessory Dwelling Unit is attached or detached, a new or separate utility meter shall not be required.
4. The city shall not impose any impact fee upon the development of an Accessory Dwelling Unit less than 750 square feet. Any impact fees charged for an Accessory Dwelling Unit of 750 square feet or more shall be charged proportionately in relation to u7
87 the square footage of the primary dwelling unit. As used herein, "impact fee" has the same meaning as the term "fee" as defined in subdivision (b) of Governrnent Code Section 66000, except that it also includes fees specified in Government Code Section 66477. "Impact fee" does not include any connection fee or capacity charge charged by the city or any other local agency, special district, or water corporation. (Ord. 2021-01-CC § 3, 1-26-21)
11.43.060 Application and Review Process.
A. Processing Application. Within sixty days of receipt of a completed application, submitted with all supporting documentation to the specifications provided by the director and, if applicable, all fees required for building permits, development and planning approvals, authorizations and permissions, in accordance with Government Code Sections 66000 et seq., the permit application shall be either approved or denied. The permit application shall be considered and approved ministerially, without discretionary review or hearing, upon making a determination that the proposed accessory dwelling unit would be in compliance with this chapter and that all required approvals, permits, authorizations and permissions exist for the lawful use of the accessory uses or will be issued by the appropriate agency or department.
Notwithstanding the foregoing sixty-day issuance requirement, if the permit application to create an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the Accessory Dwelling Unit or the Junior Accessory Dwelling Unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty- day time period shall be tolled for the period of the delay.
B. Health Official Approval. In the event that the property is served by a functioning private sewage disposal system, any application for an Accessory Dwelling Unit must be approved by the health official for the city before an accessory dwelling unit permit may be issued by the director.
C. Conditions of Approval. The director may include conditions on the Accessory Dwelling Unit permit that are consistent with this chapter.
D. If the city denies an application for an Accessory Dwelling Unit or a Junior Accessory Dwelling Unit pursuant to subsection A above, the city shall, within the time period described in subsection A above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
(Ord. 2021-01-CC 8, 3, 1-26-21)
11.43.070 Accessory Structures.
UR
88 The following provisions, in combination with Section 11.43.060 (Application and review process), are minimum requirements for all accessory structures:
A. Nonhabitable accessory buildings or structures include but are not limited to the following:
1. Garages;
2. Carports;
3. Workshops;
4. Storage rooms or sheds;
5. Detached patio covers;
6. Pool bathrooms
B. All nonhabitable accessory buildings or structures, with the exception of a pool bathroom, are not permitted to contain a bathroom.
C. Pool bathrooms consisting of a three-quarter bathroom are permitted in conjunction with the development of a pool or when a pool exists on the lot.
D. With the exception of a garage or an accessory dwelling unit, a detached accessory structure shall not be located in the front of the main building or directly between the main building and the street.
E. All detached accessory structures or buildings within residential zones, except accessory dwelling units, shall be a minimum of five feet from any property line, unless otherwise expressed in this code, be located at least six feet from the main building and be no taller than ten feet high. Garages are allowed an additional 2-feet in height to accommodate a roof pitch that is aligned with the roof pitch of the primary structure.
F. Accessory structures are not permitted above a detached garage in residential zones.
G. Canopy Structures. The following regulations apply to canopy structures on a residential lot:
1. Canopy structures shall not be not be located on any lot for a period of more than three days.
2. Canopy structures shall not be located within the view of a public right-of-way, front or side yard area or driveway.
3. Canopy structures with a maximum projected canopy area of two hundred square feet, maximum height of twelve feet and a maximum length of twenty feet may be located within a rear yard area.
4. Reflective, mirrored type covering material shall be prohibited.
H. Storage Containers. Storage containers may be located on a lot developed with a single- family residence on a temporary basis, subject to the following standards:
Llu
89 1. Short-Term Location. One storage container may be located on a lot up to a total of fourteen days in any calendar year without the approval of any permit.
2. Administrative Review. One storage container may be located on a lot for up to six months in conjunction with permitted construction activity on the same lot, subject to approval pursuant to an administrative review. Approval pursuant to an administrative review for this purpose may only be undertaken in conjunction with construction activity for which a valid city building and/or grading permit has been issued and continues to remain active and valid. Regardless of the time period for which the presence of the container is approved pursuant to an administrative review, the right to keep the storage container on the lot shall automatically expire upon the expiration or termination of all grading and building permits, or upon the final inspection and completion of associated construction activity. In cases where a storage container has been located on a lot in an unauthorized manner prior to approval by an administrative review, any approved time duration shall commence and run from the date during which the location of the storage container on the lot was first documented.
3. Where the temporary presence of a storage container has been approved by an administrative review, the deadline for removal of the container may be extended for up to six months by the director of community development for good cause.
4. Location. The location of a temporary storage container shall be subject to approval pursuant to an administrative review and shall take into consideration such factors as visibility from the street and surrounding properties, and visual and privacy impacts to surrounding properties. The storage container may only be located in the front yard when location in other areas is not feasible or would create other impacts. Location of a storage container on a driveway may only be approved where access to the garage or carport can continue to be provided for at least one vehicle.
5. Size. Storage containers shall be no greater than twenty feet in length, ten feet in height, and ten feet in width.
6. Permanent Placement. Permanent placement of storage containers is prohibited on vacant lots and lots developed with residential uses.
I. Garages and Carports. Garages and carports shall have a minimum interior clear width of eighteen feet and depth of twenty feet between columns or walls. Three-car garages shall have a minimum interior clear width of twenty-seven feet and depth of twenty feet.
1. Tandem garage parking is permitted in NL or NM zones to comply with a required three-car garage for a single residential unit. This requires a garage to have a minimum of two parking spaces side-by-side at the garage entrance and minimum nine feet by twenty feet shall be provided behind. (Ord. 2021-01-CC § 3, 1-26-21)
U5
90 Attachment E
RESOLUTION N0. 2025-07
A RESOLUTION OF THE PLANNING COMMISSION d% T.HE crry OF sotmt GATE, RECOMMENDING THAT TIE[E CITY OF SOUTH GATE CITY COUNCIL ADOPT AN ORDINANCE TO MODIFY TITLE 11, C'HAPTER 11.43 (ACCESSORYDWELLmGUNITS AND ACCESSORY STRUCTURES) OF THE SOUTH GATE MUNICIPAL CODE AND FmDINGTBE ACTION F,XEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of South Gate lastupdated Chapter 11.43 oftheMunicipal codewas in2021; and
WHEREAS, the State of California has enacted several new laws related to accessory dwelling units, such as Assembly Bill (AB) 345, Senate Bill (SB) 897, Assembly Bill (AB) 976, Senate BiIl (SB) 471 and Senate Bill (SB) 1211; and
WHERFiiAS, the zone code amendment would revise Chapter 11.43, Accessoiy Dwelling Units and Accessory Structures to align with state law; and WHEREAS, the zone code amendment would affect all parcels, within the city lyoundaries, zoned residential as applicable within Chapter 11.43, Accessory DwellingUnits and Accessory Structures; and WHEREAS, notice of the Planning Commission regular pubJic hearing of August 19, 2025, was published in compliance with State law in a local newspaper of general circulation, indicating the date and time of the priblic hearing in accordance with California Government Code 65091; and WHEREAS, on August 19, 2025, the Planning Commission held a regular public heming to receive public testimony and other comments regarding the zone code amendment, including without limitation, informationprovidedto the Plam*g Cormnission by City staff andpublic testimony; and WHEREAS, this Resolution and its findings are made based upon evidence presented to the Commission atits publichearingincluding, without limitation, the staffreport submittedbythe Cornrnunity Development Depmtment; and
WHEREAS, it has been determined that tis action is exempt from CEQA as a "ministerial project" pursuant to CEQA Guidelines Section 15268(a).
NOW, THEREFORE, THE PLANNING C'OMMISSION DOES HEREBY FIND, DETERMINE ANDDECLAREASFOLLOW8: a
SECTION 1. Adoption. Recommendadoptionof anordinanceto the City Council amending Chapter 11.43 Accessory Dwelling Uits and Accessory Structures to ensure compliance with state law.
SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution 2025-07 is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of tbis Resolution, The Planning Commission hereby recommends adoption of this Resolution for City Council's consideration,
Planning Commission Resolution No, 2025-07
August 19, 2025
Page l of 2
'4(,
91 SECTfON 3. CEQA Detennination.-Mat"zy actions undettaken by the City of South Gate are subject to tlie Califomia Environmental Quality Act, a state law c,odified at Public Resor'irces Code Sections 21000 through 21189.91 ("CEQA"), and related regulations enacted by the State Resorirces Agency cddified at Title 14 of the California Code of Regulations, Sections 15000 through 15387 (the "CEQA Guidelines"). An action defined as a "project" under CEQA and the CEQA Guidelines is subject to compliance with CEQA, unless exempt. The enactment or amendment of zoning ordinances geiyerally constitutes a project under CEQA, per Section 15378(a)(1) of the CEQA Guidelines, However, "ministerial projects" are exempt from CEQA, pursuant to Section 15268(a) of the CEQA Guidelines. The term "minisferial" is defined by Section 15369 of the CEQA Guidelines as governrnental decisions involving little or no personal judginent by tlie public official, wliere the official simply applies the law to the facts using fixed standardsandobjectivemeasurements,ratherthansubjectivediscretion. InthecaseofResolution 2025-07, the Plating Coinmission (and eventually the City Council) is taking action which inerely aligns tlie City's Zoning Code with the requirements of State law; the City and its councilmembers, commissioners and officers have no discretion to cause the Municipal Code to deviate from State law. Accordixigly, tl'ie proposed action is exempt from CEQA as a ministerial act under CEQA Guidelines Section 15268(a)
SECJON 4. The Planning Coininission hereby recommends adoption of an Ordinance to City Council to modify Title 11, Chapter 11.43 (Accessory Dwellirhg Units and Accessory Structures) ofthe Soutlx Gate Municipal Code.
This recomn'iendatxon was adopted by t}'ie followixig vote at the Planning Cornrnission meeting of August 19, 2025.
AYES: Prieto, Castaneda, Valenzuela, Ozaeta, Ruiz
NOES:
APPROVED and ADOPTED tl'iis 19" day of August 2025.
J F. Signo,
Planning
Community Developn'ient
APPROVED
'Lizette Ruiz
Cliaiiperson
City Plai'ining Commission
Planning Conunission Resolution No. 2025-07
August 19, 2025
92 Item No. 3
Office ol the
South Gate CiTy Clerk
SEP 1 8 2025 Cig of South Gate
CITY COUNCIL
FILED
l(-3D 4' AG-ENJDA [L
DepartmentDirector:
For the R ar Meeting of: September 23, 2025
Origi a Department: Administrative Services
City Matiager:
rausto
}'M-
Rob Houston
SUBJECT: DECLARATION AND DISPOSAL OF SURPLUS AND OBSOLETE
PROPERTY
PURPOSE: To authorize staff to dispose of surplus and obsolete property through public auction.
RECOMMENDED ACTION: The City Council will consider:
a. Adopting a Resolution declaring the items listed in Attachment B (Bicycles & Miscellaneous Items) and Attachment C (Vehicles & Equipment) as surplus, obsolete, or unserviceable City personal property.
b. Authorizing the City Manager or designee to dispose of the declared items through public auction conducted by U.S. Auctions of Ontario, CA; and to execute all related documents consistent with budgeted appropriations.
c. Authorizing the City Manager or designee to dispose of any items not accepted by the auctioneer or failing to sell by using one or more of the following methods, as appropriate:
recycling/salvage, scrap, inter-agency transfer, trade-in/credit, donation to another public agency, or landfill, in compliance with applicable laws and City policies.
FISCAL IMPACT: Net revenue for the City will vary by market demand, condition, and lotting.
Auction costs (e.g., seller commission, towing/transport, and minor prep as needed) will be deducted from gross proceeds. Buyer's premiums, if any, are typically paid by buyers and do not reduce the City's net receipts. Proceeds will be deposited into the proper :tunds consistent with accounting policy.
The City estimates to receive approximately $30,000 in revenue from the sale.
BACKGROUND: The City periodically retires property that is surplus, obsolete, or unserviceable.
Items may include: (a) confiscated or unclaimed property lawfully cleared for disposal by the Police Department; and (b) operational assets such as vehicles, heavy equipment, bicycles, and miscellaneous equipment no longer usable due to age, parts obsolescence, damage, or non-compliance with emissions requirements.
Since 2014, the City has utilized U.S. Auctions to conduct public sales. The vendor provides competitive exposure, advertises sales in regional newspapers (e.g., Los Angeles Times, Orange County Register), distributes brochures, and hosts an online bidding platfornn. The next auction is scheduled on or about October 4, 2025, at the Ontario yard listed above, with simultaneous online participation.
1 93
ANALYSIS: Declaring the attached list of items surplus/obsolete will enable Purchasing and Public Works to clear critical storage space at the Corporate Yard, eliminate carrying costs, and recover revenue for the city. Public auction is the most efficient method for mixed, used assets with uncertain market values because competitive bidding and broad advertising typically maximize net proceeds.
For any items that do not meet auctioneer acceptance standards or do not sell, the Resolution authorizes alternative disposal pathways to ensure timely disposition, including compliance with environmental regulations (e.g., universal waste handling) and data-security standards (certified data wipe for any storage media). Police Department property will be processed consistently with applicable state law and departmental policy before release.
Adoption of the Resolution formally declares the listed items surplus/obsolete and authorizes disposal through public auction or other lawfiil methods.
ATTACHMENT: A. DRAFT RESOLUTION
B. EXHIBIT A: LIST OF BICYCLES & MISCELLANEOUS ITEMS C. EXHIBIT B: LIST OF VEHICLES AND EQUIPMENT
2 94
Attachment A
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE
DECLARING CERT AIN PERSONAL PROPERTY SURPLUS, OBSOLETE, OR UNSERVICEABLE; AUTHORIZING DISPOSAL BY PUBLIC AUCTION THROUGH U.S. AUCTIONS OR, IF NOT SALEABLE, BY RECYCLING, SCRAP, INTER-AGENCY
TRANSFER, TRADE-IN, DONATION TO ANOTHER PUBLIC AGENCY, OR
LANDFILL
WHEREAS, the City periodically retires personal property that is surplus, obsolete, or unserviceable; and
WHEREAS, the property set forth in Exhibit A and Exhibit B has no fiirther municipal use or value and occupies space; and
WHEREAS, public auction provides an efficient, competitive means to dispose of mixed surplus aSsets and recover revenue; and
WHEREAS, for items not accepted by the auctioneer or not sold at auction, alternative lawful disposition is necessary to avoid continued storage costs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The personal property listed in Exhibit A and Exhibit B is declared surplus, obsolete, or unserviceable.
SECTION 2. The City Manager or designee is authorized to dispose of the declared property by public auction through U.S. Auctions of Ontario, CA, including concurrent online bidding, and to execute all documents necessary to carry out the auction and sale.
SECTION 3. For items not accepted or not sold at auction, the City Manager or designee is authorized to dispose of such items by recycling/salvage, scrap, inter-agency transfer, trade- in/credit, donation to another public agency, or landfill, as appropriate, in compliance with environmental regulations and City policies.
SECTION 4. The Director of Administrative Services shall ensure net sale proceeds are deposited into the appropriate City fund(s) consistent with City accounting policies and may process any necessary budget adjustments.
SECTION 3. The City Clerk shall certi:ty to the adoption of this Resolution which shall be effective upon its adoption.
95 PASSED, APPROVED, and ADOPTED this 23rd day of September 2025.
CITY OF SOUTH GATE:
By:
Maria Davila, Mayor
ATTEST:
BY:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
By:
Salinas, City Attorney
96 Attachment B
List of Bikes and Miscellaneous Items
BARCODE DESCRIPTION
ESTIMATED
AUCTION VALUE
49185384 BLACK BIKE $5.00
49185572 BLACK BIKE $5.00
49185579 WH[TE/GRN BIKE $5.00
49185649 BLK & YELLOW BIKE $5.00
49185680 GRN/BLK BIK_E $5.00
49185743 BIK_E $5.00
49185789 BLK BIKE $5.00
49185923 PURPLE/GRN BIKE $5.00
49185924 BLUE/BLK BIKE $5.00
49185976 GRY/PURPLE MNT BIKE $5.00
49185996 WHITE BIKE $5.00
49186013 SILVER BIKE BEACH CRUISER $5.00
49186344 BLACK EASTERN BIKE $5.00
49186143 GREEN MOUNT AIN BIKE $5.00
49185678 BLUE BIKE $5.00
N/A CAMO PATTERN GREEN BMX $5.00
N/A BLACK ROASTER BIKE $20.00
N/A SILVER BIKE $5.00
N/A BLACK & BABY BLUE BIKE $5.00
N/A BLtJE BIKE $5.00
N/A LIGHT BLUE BIKE W/ YELLOW $5.00
N/A GREEN BIKE $5.00
49187731 SR,VER BIKE W/ BLACK R_TMS $5.00
49187308 BIKE $5.00
49187122 SILVER BIKE W/ BLACK RIMS $5.00
49187322 ONE SMALL BIKE $5.00
49185532 RED BIKE $5.00
49187024 SILVER BIKE $5.00
49187062 GRAY BIK_E WITH BROWN SEAT $5.00
N/A BLACK SCOOTER $10.00
49188720 BLACK BEACH CRUISER $25.00
49189525 RED BIKE $5.00
49189471 ONE BIKE $5.00
49188789 ONE BLK BIKE W/ SHOE $5.00
49188758 BMX BIKE BLK AND RED $5.00
49188134 BLACK BIKE $5.00
49189361 BLACK BIKE MISSING TIRE $2.00
49189294 BLACK AND GRN BIKE $5.00
49188848 MATTE GRAY BMX BIKE $5.00
97 49188498 GRAY BMX BIKE $5.00
49189137 RED BIKE $5.00
49190033 BLACK BIKE $5.00
49188710 ONE BIK_E $5.00
49187587 BIKE WITH SILVER FRAME $5.00
49188568 GREEN MURAY BIKE $5.00
49189180 PURPLE BIKE $5.00
49189179 RED BIKE $5.00
49188132 1 BIKE $5.00
49187942 .BLACK BIKE $5.00
49187774 BLUE BEACH CRUISER $20.00
49188646 WHITE BJ_KE $5.00
49188646 SILVER BIK_E $5.00
49188646 SII_,VER BIKE $5.00
49I88229 BIKE $5.00
49188229 BL{_JE/GRAY BIKE $5.00
49187760 ORAMO MONSTER BLACK BIKE $20.00
49187040 GRAY BIKE $5.00
49189233 BLACK BJ_KE $5.00
49189221 GRAY BIKE $5.00
49188740 1 PALLETE OF CELL PHONE CASES AND PROCTECTORS $50.00 N/A
ONE WHITE PLAYSTATION 5 0PENED BOX, (1)MONEY
CO{_JNTER MACHINE, (l)SMALL LT BRN HANDBAG W/
YELLOW CHAIN ON EDGES, (1)SMALL WHT HANDBAG W/
YELLOW CHAIN ON EDGES, (l)MEDIUM LT YELLOW
HANDBAG W/ YELLOW BUCKLE,(l)MEDIUM BLK HANDBAG
W/YELLOW BUCKLE,(1)SMALL BLUE BAG W/ B_RN WOOD
HANDLES,(1)SMALL PINK BAG W/ BRN WO, (1)DIGITAL
MONEY COUNTER, (7) NIKE BOXES CONTAINING SHOES,
(2)BROWN LOUIE VOUTTON BAGS, (2)GUCCI
BAGS,(3)TOYOTA TACOMA TRUCK TAIL,GATES,(3)FORD
TIRES $500.00
N/A
(1)KENDRICK LAM_AR ALBUM, (I)WHITE FOLDABLE BOXES, l)LABEL WRITER, (I)JOYIN BOX CONTAINING CITY HERO VEHICLES, (2)BOOKS THE DEEP & WHAT MOVES THE DEAD, (1) N'[_JRSAL TENS MASSAGER,(l)POWER STRIP W/ USB
CHARGER,(1)1 CELLPHONE & TABLET STAND, (1)BLUE V
BOX CONT AINNG A PAIR OF ADIDAS SHOE SIZE 10 1/2 $150.00 4925 (200) PLASTIC CHAIRS $200.00
4932 WHEELCHAIR I_flT $50.00
98 Attachment C
List of Vehicles and Equipment
List of Vehicles and Equipment
2006 Chrysler 300 C - Estimated Auction Value $750.00 $1,100.00 Unit: 131
Year: 2006
Make: Chrysler
Model: 300C
VIN: 2C3KA63HO6H279436
Mileage: 109,015
Notes: Replaced due to age.
99 2013 Dodge Charger Police Interceptor - Estimated Auction Value $1,025.00 - $1,250.00 Unit: 152
Year: 2013
Make: Dodge
Model: Charger
VIN: 2C3CDXAT6DH722470
Mileage: 79,015
Notes: Passenger side damage repairs outweigh vehicle's value. 100
2007 Hydrotek Trailer - Estimated Auction Value $500.00 - $800.00 Unit: 605
Year: 2007
Make: HYDROTEK
Model: ----
VIN: ----
Hours: 611
Notes: No longer in use.
101
1999 Ford F-150 Pickup Truck - Estimated Auction Value $500.00 $900.00 Unit: 661
Year: 1999
Make: Ford
Model: F150
VIN: 1FTEF17W3VNCO9960
Mileage: 134,275
Notes: Replaced due to age.
10 102
1985 Ditch Witch Trancher - Estimated Auction Value $700.00 - $1,000.00 Unit: 603
Year: 1985
Make: DITCH WITCH
Model: 2300 WISC
VIN: 304754
HOURS: 338
Notes: No longer in use.
103
1999 Ford F-450 SD Utility Truck - Estimated Auction Value $1,250.00 - $1,750.00 Unit: 320
Year: 1999
Make: Ford
Model: F450
VIN: IFDXF 46S7XED46522
Mileage: 1081 77
Notes: Replaced due to age.
12-
104
2007 Chevrolet Tahoe Police - Estimated Auction Value $1,250 - $1,700.00 409
Unit: 409
Year: 2007
Make: Chevrolet
Model: Tahoe
VIN: 1GNECO3077R423809
Mileage: 156,904
Notes: Replaced due to age.
13 105
2006 Vermeer BCIOOOXL - Estimated Auction Value $3,000.00 - $4,500.00 Unit:
Year: 2006
Make: Vermeer
Model: BCIOOXL Wood chipper
VIN: 1VRY1119071008350
Hours: 186
Notes: Engine is no longer compliant for use by AQMD. 1!
106
2016 Ford Explorer - Estimated Auction Value $750.00 - $1,100.00 Unit: 130
Year: 2016
Make: Ford
Model: Explorer
VIN: 1FM5K7D88GGB35572
Mileage: 106489
Notes: Accident Damage repairs outweigh vehicle value. 107
1982 Ford F-350 Flatbed - Estimated Auction Value $700.00 - $1,000.00 Unit: 626
Year: 1982
Make: Ford
Model: F350
VIN: 1FDJF37E4CRA33391
Mileage: 15593
Notes: Removed from service due to age.
l(,z
108
(1) Hydrotek - Estimated Auction Value $300.00 - $500.00 Unit: N/A Year:
Make: HYDROTEK
Model: SS30005VH Pressure washer
VIN: ------
HOURS: 1,322
Notes: No longer in use
ll
109
2013 Terex TX650 - Estimated Auction Value $1,750.00 - $2,100.00 Unit: 406
Year: 2013
Make: TEREX
Model: TX650
VIN: SMFC44NFO36DN1050
HOURS: 20,303
Notes: No longer needed. Will no longer meet compliance in California in 2028 by CARB. 1\
110
2015 Ford Explorer (Totaled) - Estimated Auction Value $150.00 - $300.00 Unit: 155
Year: 2015
Make: Ford
Model: Explorer Interceptor
VIN: 1FM5K8AROHGC57203
Mileage: 85583
Notes: Accident Damage repairs outweigh vehicles vakie lot
111
2012 Toyota Camry - Estimated Auction Value $2,250.00 - $2,750.00 Unit: 124
Year: 2012
Make: TOYOTA
Model: CAMRY
VIN: 4T1BF1FK1CUO67379
Mileage: 70182
Notes: Transmission failed and cost to repair outweighs vehicle value. ?,o
112
2002 Ford F-250 SD Dump Truck - Estimated Auction Value $1,750.00 - $2,500.00 Unit: 291
Year: 2002
Make: Ford
Model: F550
VIN: 1FDAF56S62EB79638
Mileage: 111,613
Notes: Replaced due to age
113
2006 Ford Fusion - Estimated Auction Value $1,800.00 - $2,500.00 Unit: 903
Year: 2006
Make: Ford
Model: Fusion
VIN: 3F AFPO7ZX6R245303
Mileage: 37345
Notes: Removed due to lack of use.
22-
114
1999 Ford Ranger - Estimated Auction Value $1,600.00 - $2,250.00 Unit: 602
Year: 1999
Make: Ford
Model: Ranger
VIN: 1FTYR14V3XPA20393
Mileage: 159668
Notes: Replaced due to age.
115
1990 Ford F-250 Pickup Truck - Estimated Auction Value $750.00 - $1,100.00 Unit: 242
Year: 1990
Make: Ford
Model: F250
VIN: 1FTEF25H2LKB33558
Mileage: 13314
Notes: Removed due to age.
'2-'1
116
1998 Ford F-150 Pickup Truck - Estimated Auction Value $750.00 - $1,200.00 Unit: 232
Year: 1998
Make: Ford
Model: F150
VIN: 1FTZX17WOWKB88826
Mileage: 96759
Notes: Replaced due to age.
85 117
1998 Case W14B Wheel Loader - Estimated Auction Value $2,750.00 - $4,100.00 Unit: 299
Year: 1988
Make: Case
Model: W14B
VIN: JAKOO17670
Hours: 2880
Notes: Removed due to age and will be out of emissions compliance. 118
1999 Ford F-450SD Utility Truck - Estimated Auction Value $1,700.00 - $2,250.00 Unit: 662
Year: 1999
Make: Ford
Model: F450
VIN: 1FDXF46SOXEB27692
Mileage: 35,531
Notes: Replaced due to age.
Z,7
119
1997 Ford F-150 Pickup Truck - Estimated Auction Value $500.00 $750.00 Unit: 647
Year: 1997
Make: Ford
Model: F150
VIN: 1FTEF1761VKBO6375
Mileage: 197,030
Notes: Replaced due to age.
2-7
120
1988 Ford F-250 Pickup Truck - Estimated Auction Value $500.00 $700.00 Unit: 225
Year: 1988
Make: Ford
Model: F250
VIN: 1FTEF25H1KKA31070
Mileage: 42424
Notes: replaced due to age
"2,'f121
2002 Ford F-550 SD Dump Truck - Estimated Auction Value $1,750.00 - $2,500.00 Unit: 290
Year: 2002
Make: Ford
Model: F550
VIN: 1FDAF56S22EC46185
Mileage: 124,922
Notes: Replaced due to age.
30 122
FILED
Cid of South Gate
Item No. 4
CITY COUNCIL
AGENDA BNLL
Departmem Director:
7or'--
For the Regular Meeting of: September 23, 2025
Originating Department: Police Department
a
City Manager:
Rob Houston
SUBJECT: RESOLUTION TO APPROVE THE LOS ANGELES INTERAGENCY
METROPOLIT AN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AGREEMENT (LA-Impact JPA)
PURPOSE: To enter into a Joint Powers Agreement (JPA)with the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT).
RECOMMENDED ACTIONS: The City Council will consider:
a. Adopting a Resolution approving the Los Angeles Interagency Metropolitan Police Apprehension Crim Task Force Joint Powers Agreement (LA Impact JPA). b. Approving the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement, thus authorizing the City's Membership in the LA Impact Authority; and
c. Authorizing the City Manager to Execute the JPA Agreement.
FISCAL IMPACT: No fiscal impact.
ANALYSIS: LA IMPACT is a crime fighting task force which operates under the Board of Directors that is overseen by the Los Angeles County Police Chiefs Association. Previously, LA IMPACT operated under a Memorandum of Understanding. However, due to fiscal and operational concerns, South Gate Police Department has not participated in the task force. To participate in LA IMPACT and utilize resources available to South Gate Police Department from LA IMPACT, the City of South Gate should consider entering into Agreement with LA IMPACT.
BACKGROUND: Inaugurated on July 1, 1991, the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) is a compilation of numerous Federal, State, and local Law Enforcement agencies in Los Angeles County whose primary focus is to investigate major crimes, with an emphasis on dismantling mid to major level drug trafficking organizations. The task force was founded by the Los Angeles County Police Chiefs' Association, who currently act as the Board of Directors.
LA IMPACT is one of the most prolific, innovative and progressive crime task forces in the country through its wide range of abilities and expertise. Many of the task force members are 123
seasoned investigators from a myriad of different disciplines who possess expertise outside the realm of narcotic enforcement. This enables LA IMPACT to provide a diverse range of investigative services in the areas of property crimes, financial crimes and crimes against persons, in addition to narcotic enforcement during times of mutual aid by requesting entities.
LA IMPACT's primary area of expertise is narcotic enforcement. The task force is known for its surveillance capabilities and possesses the most extensive surveillance resources in California. LA Impact has specialized proficiency in the following areas: major drug trafficking organizations, money laundering, clandestine laboratory investigations, transportation and parcel interdiction, and burglary investigations. LA IMPACT is also the primary clandestine laboratory response team for Los Angeles County.
Decision to Form a Joint Powers Authority
In 2005, the California Court of Appeal issued a decision stating that LA IMPACT, though not intended by member agencies to be a separate public entity, was, in fact, a local public agency whose Board of Directors meetings are subject to the open meeting requirements of the Ralph M. Brown Act.
Additionally, LA IMPACT was sued in two civil lawsuits involving claims by former non- sworn contract employees. While both lawsuits were settled in the summer of 2009, the current MOU does not provide a formal mechanism to address the question of, when litigation is commenced against LA IMPACT, whether LA IMPACT or member agencies are required to :[und the defense of the litigation and any settlement or judgment that may result.
In light of the Court of Appeal's 2005 decision and the two lawsuits against the task force, the Board of Directors believed that operating under the informal arrangement of an MOU was no longer prudent, and that it would be in LA IMPACT's and its members' best interests to formally organize itself as a Joint Powers Authority governed by an Agreement that explicitly addresses these and other issues of legal concern. The JPA was officially created in 2011, adding members over time to its present size of 44 members. Currently, the only municipalities in Los Angeles County that are not members of the JPA are the cities of South Gate, Vernon, and Bell.
DISCUSSION:
JPA Key Points
Under the JPA, LA Impact possesses the following powers:
(1) To make and enter into contracts, including but not limited to, agreements for the purpose of purchasing/leasing and or disposing of supplies and equipment;
(2) To make and enter into contracts with public entities as Associate Members; (3) To receive compensation, gifts, contributions and donations of property, fiinds, services and other forms of financial assistance; (4) To acquire, construct, manage, maintain or operate any building, works or improvements;
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(5) To sue and be sued in its own name;
(6) To apply for, receive and utilize appropriate grants under any Federal, state or local programs for assistance;
(7) To issue bonds and to otherwise incur debts, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the individual respective Members; (8) To appoint/hire officers, employees, agents or consultants, and adopt personnel rules and policies governing officers and employees; (9) To reimburse Member's overtime expenditures for their personnel as set forth by the Executive Director of the Authority;
(10) To distribute proceeds from asset forfeiture seizures to Members and Associate Members as specified by the Agreement in accordance with rules and formula developed by the Board of Directors;
(11) To obtain all types of insurance as may be necessary to cover the liabilities of the Authority or its Members as deternnined by the Board of Directors; and (12) To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions, and purposes of this Agreement.
Governance
LA Impact is governed by a Board of Directors, which are comprised of the President of the Los Angeles County Police Chief's Association, the Police Chief of the law enforcement agency of each member City, the Los Angeles County Sheriff or Undersheriff, and a representative of any Federal or State agency which is a Member. The Board has established a thirteen (13) member Executive Committee, which shall include the President of the Los Angeles County Police Chief's Association and the Chair of the Authority. An Executive Director administers the daily business and activities of the Authority, subject to general supervision and policy direction of the Board of Directors and the Executive Committee The Executive Director will provide for the appointment of support staff as may be necessary.
Operating Budget
Currently the L.A. IMPACT budget is approximately $7.2 million per year with the majority of the funding coming from Federal and State grants, in addition to asset forfeitures.
Membership in the JPA is not a commitment to provide personnel, nor is there an obligation to do so. Each agency that does provide personnel is currently responsible for their employee's salary and benefit package, and this arrangement will remain in place. L.A.
IMPACT reimburses each agency with a certain number of hours per month of overtime.
Conclusion
As mentioned above, the South Gate Police Department is not a member of LA Impact.
Considering the benefits available to the South Gate Police Department, and opportunities to 125
help shape the LA Impact policies going forward, there is no "down-side" to becoming an LA-Impact Member City.
Therefore, staff recommends that the City Council adopts the attached Resolution.
ATTACHMENTS: A. LA Impact Joint Powers Agreement
B. Proposed Resolution
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Attachment A
JOINT POWERS AGREEMENT FOR
LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION
CRIME TASK FORCE
(L.A. IMPACT)
This Agreement is executed by and among those public agencies, duly organized and existing, which are parties signatory to this Agreement. All such public agencies, hereinaffer each called a Member, shall be listed in Exhibit A to the Agreement. This Agreement is dated September 23, 2025 For reference purposes.
Each public agency executing this Agreement shall be referred to individually as "Member," with all referred to collectively as "Members."
RECIT ALS
WHEREAS, the Members have and possess the power and authorization to organize and establish a consolidated law enforcement task force to address criminal justice issues for the benefit of the lands and inhabitants within their respective boundaries; and
WHEREAS, the Members propose to join together to establish, operate, and maintain a joint powers authority for the purpose of integrating resources and investigative efforts to address emerging criminal justice iSSueS and for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request services for the benefit of their lands and inhabitants; and
WHEREAS, the Members have the authority under the Joint Exercise of Powers Act, in California Government Code Section 6500 et seq. (the "Act"), to enter into this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
"Act" shall mean the Joint Exercise of Powers Act, in California Government Code Section 6500 et seq.
"Authority" shall mean the LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) created by this Agreement.
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"Associate Member" means a public agency which is a party to an Associate Membership Agreement entered into between the Authority and such public agency pursuant to Article 4 hereof.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Bylaws" shall mean guidelines adopted by the Board of Directors setting forth policies and procedures for the operation of the Authority and for the exercise of the Board's powers granted in this Agreement.
"Controller" shall mean the chief financial officer designated with the primary responsibility for financial accounting and reporting. "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Authority.
"Fiscal Year" shall mean that period of twelve months which is established by the Board of Directors or the Bylaws as the fiscal year of the Authority. "Government Code" shall mean the California Government Code, as it may be amended from time to time.
"Member(s)" means any public agency as the term "public agency" is defined by Section 6500 of the Joint Powers Law, which includes, but is not limited to, any federal, state, county, city, public corporation, public district of this state or another state, or any joint powers authority formed pursuant to the Joint Powers Law by any of these agencies which has executed this Agreement and has become a member of the Authority.
ARTICLE 2
PURPOSES
2.0'l The purpose of the Authority is to establish a separate organization for the exercise of powers common to the Members, which may include promoting coordinated law enforcement efforts and facilitating the integration, investigation and sharing of criminal justice information, data, and issues in the manner set forth in this Agreement.
2.02 The Authority is intended to promote coordinated law enforcement efforts, and to address emerging criminal justice issues throughout the Los Angeles County area and other areas that appear to have a connection or nexus to Los Angeles County, encouraging maximum cooperation between all law enforcement and prosecutorial agencies, and promoting the safety of both police personnel and the public, accomplished in an effective manner within constitutional guidelines, including but not limited to:
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a) Target, investigate, and cause to be prosecuted individuals who organize, direct, finance, or otherwise engage in drug trafficking enterprises or money laundering, placing a high priority on those subjects engaged in the importation of drugs and to interdict such illicit supply lines and seize their drugs. b) Identify, cause to be prosecuted and ultimately cause to be convicted drug traffickers and to seize assets derived through drug trafficking through the effective methods of a task force approach. c) Use short and long term investigations to focus on the eradication of criminal activity within street gangs by extracting the criminal hierarchy and disrupting the organizational flow of street gangs. d) ASSiSt Members or Associate Members, when requested, in criminal investigations, lending of equipment, sharing of information, providing support personnel, specialized expertise, training or other needs that the Authority can provide at the time the request is made. e) ASSiSt non-Member agencies, when requested and with the approval of the Executive Director or designee, in criminal investigations, lending of equipment, sharing of information, providing support personnel, specialized expertise, training or other needs that the Authority can provide at the time the request is made.
f) Apply For grants and implement programs to address issues of narcotics, terrorism and Homeland Security.
ARTICLE 3
PARTIES TO AGREEMENT: EFFECTIVE DATE
3.01 Each Member, as a party to this Agreement, certifies that it intends to and does contract with all other Members as parties to this Agreement and with such other public agencies as later may be added as parties to this Agreement.
3.02 This Agreement shall become effective, and the Authority shall come into existence, when the following event occurs (the "Effective Date"):
a) This Agreement is authorized and executed by not less than ten (10) public agencies; and
b) Forty-five days has elapsed after the authorization and execution by not less than ten (10) public agencies.
3.03 The Board shall also designate a period, which shall be not less than 180 days after the Bylaws are adopted, during which Members may submit written 3 129
notice of immediate withdrawal from the Authority. There will be no costs for any Member that withdraws from the Authority within this time period. It is the intent of the Members that Bylaws will be developed and adopted by the Board, as authorized under Section 6.04(a), and that the Authority will seek applicable and necessary liability coverage during this period.
Notice shall be given to all Members pursuant to Section 18.02 within five (5) days of adoption of the Bylaws. The notice shall include a copy of the adopted Bylaws and a statement of the extent and type of liability coverage which the Authority can obtain. After the Bylaws have been adopted, Members may withdraw from the Authority during the specified period in accordance with the provisions of this Section 3.03. After expiration of said stated time period, any Member may withdraw from the Authority in accordance with Article 16 hereinbelow.
ARTICLE 4
ASSOCIATE MEMBERSHIP AGREEMENT
4.01. Power to Enter Into Associate Membership Aqreements. In addition to those powers specified in this Agreement, the Authority shall have the power to enter into Associate Membership Agreements with any public agency upon the approval thereof by the Board.
4.02. Contents of Associate Membership Agreement. Each Associate Membership Agreement shall:
a) State that the public agency is an Associate Member of the Authority.
b) Specify that the purpose of the Associate Membership Agreement is (i) to facilitate cooperation between law enforcement agencies to carry out the stated purposes of the Authority; and/or (ii) to contribute law enforcement personnel, who shall remain under the general direction and control of the respective Associate Member agency to which they belong, to the Authority to assist in carrying out the activities of the Authority. c) Restrict the powers and obligations of such public agency with respect to the Authority to those enumerated in this Article 4; d) Specify that such public agency shall not have the power to: (i) vote on any action to be taken by the Authority; or (ii) appoint a Director to the Board; e) Specify the fees, if any, to be charged such public agency for its participation in the Authority; and
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f) Specify to what extent, if any, the Associate Member may share in asset distributions.
4.03. Approval of Associate Membership Agreements. In determining whether to approve an Associate Membership Agreement with a public agency which proposes to be an Associate Member, the Directors may take into account any criteria deemed appropriate to the Directors.
ARTICLE 5
POWERS
5.01 The Authority shall possess in its own name, and the Members delegate to it, the following enumerated powers:
a) To make and enter into, in its own behalf and not on behalf of the individual Members, contracts consistent with this Agreement, including, but not limited to, contracts to purchase/lease and/or dispose of supplies and equipment,.
b) To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity, in accordance with applicable Los Angeles County Conflict of Interest Code and State conflict of interest laws. c) To sue and be sued in its own name.
d) To apply for appropriate grants under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities.
e) To issue bonds and to otherwise incur debts, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation of the individual respective Members. f) To appoint committees, adopt rules, regulations, policies, Bylaws, and procedures governing the operation of the Authority. g) To add Members or Associate Members to the Authority as approved by the Authority Board of Directors and the existing Members as provided herein.
h) To appoint/hire officers, employees, agents, or consultants and adopt personnel rules and policies governing officers and employees. i) To reimburse Members for overtime expenditures of a Member's contributed personnel who is/are assigned to aSsist in carrying out the activities 5 131
of the Authority as directed by the Executive Director of the Authority and approved by the Executive Committee in accordance with Section 13.06 of this Agreement. Said overtime expenditures, i'f any, shall be paid in accordance with all applicable State and Federal laws, including the Fair Labor Standards Act. j) To purchase equipment with prior approval by the Executive Director and pursuant to a purchasing policy adopted by the Board of Directors in accordance with Section 5.04.
k) To distribute proceeds from asset forfeiture seizures to Members, and to Associate Members as applicable, in accordance with rules and formula specified in the Bylaws and applicable Federal and State law. l) To assign personnel contributed from the Members or Associate Members to positions that fulfill the needs of the Authority, who shall remain under the general direction and control of the respective Member or Associate Member agency to which such personnel belong.
m) To invest and manage Authority funds, by and through the Treasurer, in accordance with State law.
n) To obtain all types of insurance as may be necessary to cover the liabilities of the Authority or its Members as determined by the Board. o) To exercise such other powers and authority as are necessary and proper to carry out its functions herein, and as provided in the Act.
5.02 Each Member expressly retains all rights and powers to investigate, finance, plan, develop, construct, equip, maintain, repair, manage, operate and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own criminal justice needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the Authority created herein, shall not have the power to impair or control any of the Members' respective rights, powers, or title to such investigations, equipment, facilities, properties, information, and projects, nor shall any Member be required to provide additional personnel, equipment, or services to the Authority than as provided in this Agreement, without the written consent of the Member.
5.03 Each Member expressly retains all rights and powers to use other funds or funding sources to investigate, finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their criminal justice needs.
5.04 Pursuant to and to the extent required by Government Code Section 6509, including the power to contract, the Authority shall be restricted in the exercise of 6 l0
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its powers in the same manner as the City of Los Angeles is restricted in its exercise of similar powers; provided that, if the City of Los Angeles shall cease to be a Member, then the Authority shall be restricted in the exercise of its power in the same manner as the City of Long Beach.
ARTICLE 6
ORGANIZATION
6.01 Composition of Board. The Authority shall be governed by the Board of Directors, which shall be composed of the President or the Los Angeles County Police Chiefs Association, the Police Chief of the city law enforcement agency of each Member city, the Los Angeles County Sheriff, and any designated representative of any Federal or State agency which is a Member. The Police ChieT of the City of Los Angeles and the Los Angeles County Sheriff may designate an alternate to act in his/her place on the Board, provided the alternate is a person at executive command rank. Each Member shall provide a written designation of its Director representative to the Authority. The Board shall maintain a list of all current Members in good standing who serve on the Board, including but not limited to any Federal or State agency which is a Member. The Board of Directors may allow For an alternate of the designated representative to the Authority in accordance with the Bylaws of the Authority.
6.02 Termination of Status as Director. A Director shall be removed from theBoard of Directors upon the occurrence of any one of the following events:
a) The withdrawal or removal of the Member from the Authority; b) The death or resignation of the Director;
c) The Authority's receipt of written notice from the Member that theDirector is no longer qualified as provided in Section 6.01 of this Article.
6.03 Compensation. Directors and their alternates, if any, are not entitled tocompensation by the Authority. The Board of Directors may authorizereimbursement of expenses incurred by Directors in the performance of servicesfor the Authority where such expenses are not paid by the employing Member.
6.04 Powers of Board. The Board of Directors shall have the following powers and functions:
a) Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Authority, either directly or by delegation to other bodies or persons. The primary objective of the Board is to establish overall policy and strategy. As such, the Board may adopt Bylaws or other guidelines setting forth policies and procedures for the operation or the Authority and for the exercise of the Board's powers granted herein. 7 ll
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b) The Board shall form an Executive Committee, as provided in Article 8. The Executive Committee may exercise all powers or duties of the Board, except (i) the adoption of the Authority's annual budget or any amendments thereto, (ii) the adoption of the Bylaws or any amendments thereto, and (iii) the issuance of bonded debt, which powers are expressly reserved to the Board. All actions by the Executive Committee shall be subject to review, and approval, modification or disapproval, by the Board at its discretion. c) The Board may form, as provided in Article 10, such other advisory committees as it deems appropriate or it may delegate such power to the Executive Committee in the Bylaws or by resolution of the Board. The membership of any such other committee may consist in whole or in part of persons who are not members of the Board.
d) The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Authority. To the extent that the budget includes funding by Members, such funding is subject to approval by the governing bodies of those Member agencies. Adoption of the budget may not be delegated.
e) The Board shall receive, review and act upon periodic reports and audits of the funds of the Authority, as required under Articles 10 and 13 of this Agreement.
f) The Board shall develop the rules and formula for the distribution of proceeds from asset forfeiture seizures, consistent with applicable Federal and State law, to its participating Members and Associate Members which are reasonably related to each such participant's contribution of personnel and/or participation in the activities of the Authority.
g) The Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Authority including but not limited to adopting contracting and purchasing rules and regulations, in accordance with Section 5.04, internal financial controls, personnel rules and regulations, and similar rules and regulations consistent with State law governing public agencies.
h) Meetings of the Board of Directors, Executive Committee, and any other "legislative body" of the Authority, as that term is defined in Section 54952 of the Government Code, shall be called, noticed, and conducted in accordance with the Ralph M. Brown Act, Section 54950 et seq. of the Government Code.
ARTICLE 7
MEETINGS OF THE BOARD OF DIRECTORS
7.01 Regular Meetinqs. The Board of Directors shall hold at least two (2) regular meetings each year. The Board of Directors shall fix by resolution or in 8 12,
134
the Bylaws the date upon which, and the hour and place at which, each regular meeting is to be held.
7.02 Minutes. The Authority shall have minutes of each regular, adjourned regular, and special meetings kept by the Secretary. As soon as practicable afier each meeting, the Secretary shall forward to each Board member a copy of the minutes of such meeting.
7,03 Quorum. A majority of all members of the Board and the Executive Committee, respectively, is a quorum for the transaction of business. A vote of the majority of a quorum at a meeting of the Board or the Executive Committee is sufficient to take action unless othetwise provided in the Bylaws; except that a majority of all members of the Board is required in order to take action on: (i) the adoption of the Authority's annual budget and any amendment(s) thereto, (ii) the adoption of the Bylaws and any amendment(s) thereto, and (iii) the issuance of any bonded debt of the Authority. However, less than a quorum may adjourn from time to time but may not take action on matters before the Board or Executive Committee.
7.04 . Each Member of the Board shall have one vote.
ARTICLE 8
EXECUTIVE COMMITTEE
8,01 The Board shall establish an Executive Committee which shall consist of a total of thirteen (13) Directors selected from the Board, which shall include the President of the Los Angeles Police Chiefs Association, the Sheriff of the County of Los Angeles or his/her designee (provided such designee shall be at an executive command level) and the Chair of the Authority designated pursuant to Article 9. Except as otherwise provided herein, the composition, the terms of office of the Directors, and the conduct of the Executive Committee shall be as provided in the Bylaws. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising all those powers as provided for in Section 6.04(b), or as otherwise delegated to it by the Board.
8.02 Each Director on the Executive Committee shall be confirmed and approved by the Board of Directors, and, with the exception of the President of the Los Angeles County Police Chiefs Association, must be a Member with personnel assigned to the taskforce.
8.03 Any vacancy on the Executive Committee shall be filled by the Board within ninety (90) days of the vacancy.
ARTICLE 9
OFFICERS
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9.01 The Board shall nominate and elect a Chair, Vice Chair, and Secretary of the Authority, each for a term of two (2) years, from among the Directors at its last meeting of every other Fiscal Year. Each officer shall assume the duties of the respective office upon election. If an officer ceases to be a member of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board held after the vacancy occurs or at a special meeting of the Board called to fill such vacancy. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The Chair shall preside at and conduct all meetings of the Board. The Board may appoint such other officers as it considers necessary and as provided in the Bylaws.
ARTICLE 10
COMMITTEES
IO.OI The Board may establish advisory committees as it deems appropriate or it may, in the Bylaws or by resolution, delegate such power to the Executive Committee. Members of committees shall be appointed by the Board or the Executive Committee. Each committee shall have those duties as determined by the Board or the Executive Committee or as otherwise set forth in the Bylaws.
Each committee shall meet on the call of its chairperson, and shall report to the Executive Committee and the Board as directed by the Board or the Executive Committee.
ARTICLE 11
LIABILITY OF BOARD OF DIRECTORS, OFFICERS AND
COMMITTEE MEMBERS
11.01 The members of the Board of Directors, officers and committee members of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement.
No Director, officer or committee member shall be responsible for any action taken or omitted by any other Director, officer or committee member. No Director, officer or committee member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement.
The Authority shall acquire and maintain insurance protection as is necessary to protect the interest of the Authority and its Members in its administration of the Authority in accordance with Section 14.06 below.
ARTICLE12
STAFF
12.01 Principal Staff. The following staff members shall be appointed by and serve at the pleasure of the Executive Committee:
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a) Executive Director. The Executive Director shall administer the daily business and activities of the Authority, subject to the general supervision and policy direction of the Board and the Executive Committee; shall be responsible for all minutes, notices and records of the Authority; shall administer all contracts; may enter into contracts within authority set by the Board or Executive Committee, and shall perform such other duties as are assigned by the Board or Executive Committee. The Executive Director shall be a peace officer employed by one of the Members or Associate Members of the Authority and shall have obtained senior law enforcement management rank that will provide a range of operational capability to the Authority.
b) Leqal Counsel. With the approval of the Board, legal counsel shall be provided by one or more Member agencies to serve as general counsel ("General Counsel") to the Authority, except to the extent that among those agencies, conflicts of interest prevent such representation. The specific and ongoing duties of General Counsel may be rotated, as determined among those agencies, and shall be on a voluntary basis at no cost to the Authority. However, nothing in this Agreement shall prevent or be construed to prevent the Authority from seeking and engaging legal counsel from a private legal firm to handle any matter, subject to the approval of the Executive Committee.
12.02 Support Staff. Subject to the approval of funding in the Authority's budget and to the general supervision and direction of the Board and Executive Committee, the Executive Director shall provide for the appointment of such other staff as may be necessary for the administrative support of the Authority, which staff shall be employees of the Authority. Upon mutual agreement, a Member may provide supplemental administrative support services in exchange for reimbursement by the Authority, or as a contribution credit for services.
Administrative personnel of a Member performing these functions remain employees of the contributing Member, and are not employees of the Authority.
12.03 Treasurer and Controller. Pursuant to Section 6505.5 of the Act, the City of La Verne Treasurer and Controller are hereby designated as the Treasurer and Controller, respectively, of the Authority. The Treasurer shall be the depository and have custody of all funds of the Authority. The Controller shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. The Treasurer and Controller shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, as those sections may be amended from time to time. To the extent permitted by the Act, the Board of Directors may change the Treasurer and Controller of the Authority to any person or entity that is authorized by the Act to occupy such offices.
12.04 Compensation. With the exception of payments to the City of La Verne for work performed by the Treasurer and Controller, per a written agreement 11 15
137
approved by the Board of Directors for financial services, there shall be no direct compensation paid by the Authority to any individuals contributed by a Member or Associate Member agency to serve in the capacity as an officer of the Authority, such as the Executive Director, Treasurer, General Counsel, or any other individuals who are employed by a Member or Associate Member agency and contributed to the Authority under this Article 12. The Authority shall consider the services of such personnel as part of a formula for the purpose of the distribution of proceeds from asset forfeiture seizures as provided in Section
5.01(k) to the contributing Member or Associate Member, unless direct reimbursement is otherwise authorized pursuant to Section 12.02 or Section
13.06 of this Agreement.
12.05 Personnel Contributed by Members. Participating personnel (both sworn and non-sworn) assigned to the Authority by a Member or Associate Member shall not be considered employees or contractors of the Authority for any purpose. Such personnel shall during the period of assignment remain employees of the assigning Members or Associate Members.
ARTICLE13
BUDGET, OPERATING FUNDS, AND AUDITS
13.01 Annual Budqet. The Executive Director will prepare and submit to the Board of Directors in sufficient time for revision and adoption prior to July I of each year, the annual budget of the Authority for the next succeeding Fiscal Year.
13.02 Disbursement of Funds. The Executive Director or his/her designee shall cause to have warrants drawn for the payment of funds or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and by-laws adopted by the Board. The Executive Director may apply for and receive and use credit cards for the sole purpose of conducting Authority business in accordance with written rules and regulations adopted pursuant to AB 1234.
13.03 Accountinq. All funds received by the Authority shall be placed in the custody of the Treasurer. These funds shall be given object accounts, and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for by the Controller in accordance with generally accepted accounting principles applicable to governmental entities. There shall be strict accountability of all funds by the Controller. All revenues and expenditures shall be reported by the Controller to the Executive Committee on a quarterly basis, unless otherwise required by the Board of Directors.
13.04 Approval of Expenditures. All expenditures within the approved budget shall be made upon the approval of the Executive Director in accordance with the rules, policies, and procedures adopted by the Board. 12 l(,7
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13.05 Records and Audit. The Controller shall cause to be kept accurate and correct books of account showing in detail all financial transactions of the Members relating to the Authority, which books of account shall correctly show any receipts and also any costs, expenses, or changes paid or to be paid to a Member. Said books and records of the Authority in the hands of the Controller shall be open to inspection at all times during normal business hours by any representative of a Member, or by any accountant or other person authorized by a Member to inspect said books of records. The Controller shall cause the books of account and other financial records of Authority to be audited annually, or biennially if so authorized by the Board of Directors, by an independent certified public accountant and any cost of the audit shall be paid by the Authority. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. The annual audit, or biennial as the case may be, shall be submitted to the Board of Directors and the Executive Committee when completed.
13.06 Compensation of Contributed Personnel. All participating personnel contributed and assigned to the Authority by a Member or Associate Member shall have their salary, benefits, and overtime paid by the respective Member or Associate Member. The Authority may, but is not obligated to, reimburse a Member or Associate Member for the overtime of sworn personnel and/or for salary, benefits and overtime of non-sworn personnel contributed for administrative support as authorized by Section 5.01(i) and Section 12.02, respectively and as approved by the Executive Director. It shall be the responsibility of the Authority to institute an auditing system wherein the hours worked by each individual will be documented and reported on a weekly basis, listing case reference numbers for submission in a timely manner to the individual's contributing agency.
ARTICLE14
INDEMNIFICATION AND INSURANCES
14.01 0bliqations of the Authority. The debts, liabilities and obligations of the Authority ("Authority Obligations") shall be the debts, liabilities and obligations of the Authority alone. The Authority Obligations shall not constitute debts, liabilities and obligations or any individual Member, and the Members shall have no liability therefore.
14.02 Contributed Member Employees. The Members acknowledge that each Member may be contributing and assigning its own personnel to a cooperative pool or personnel to provide service to the Authority. Each such contributing Member shall be solely responsible for and retain all debts, liabilities, and other obligations for all activities of its employees while acting in the course and scope of their assignment to the Authority, and shall maintain sufficient insurance 13 11
139
coverage, as determined by the Member, in effect at all times to cover any such claim, loss, liability, or obligation, or otherwise provide for payment of such liability. Members may elect to self insure any insurance obligation under this Agreement.
14.03 Member Indemnity for General Liability of Contributed Employee. Except as provided in Section 18.05, each Member shall protect, defend, indemnify, and hold free and harmless the Authority and the other Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by a contributed employee of the Member who is performing Authority law enforcement or support functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority and for which each Member shall maintain sufficient liability coverage, pooled self-insurance coverage, or a program of self-insurance, which includes coverage for contractual promises to indemnify, in effect at all times as determined by the Board of Directors, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation.
14.04 Member Indemnity for Workers Compensation Liability of Contributed . Each Member shall fully indemnify and hold harmless the Authority and each other Member, its officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the respective agency or any contract labor provider retained by the law enforcement agency, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the law enforcement agency or any contract labor provider retained by the law enforcement agency.
14.05 Risk Manaqement. The Authority shall employ the principles of sound risk management in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects the Authority and each Member from adverse financial consequences. This may be accomplished in part through the purchase of appropriate commercial insurance. The Board of Directors may designate a Risk Manager from one of the Members (the "Authority Risk Manager") who shall act in an advisory capacity to the Board to provide guidance in the area of risk 14 IZ
140
management, loss control, insurance procurement, and claims management. The Authority Risk Manager or his/her designee will be responsible for maintaining the original insurance policies and other risk management and insurance documents.
14.06 Authority Indemnity of Members. The Authority shall protect, defend, indemnify, and hold free and harmless the Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by staff employed by the Authority hired pursuant to Section 12.02 including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority.
ARTICLE 15
MEMBER RESPONSIBILITIES
15.01 Each Member shall have the following responsibilities:
a) To appoint its Director, or alternate as may be allowed, to or remove from the Board as set forth in Article 6.
b) To consider proposed amendments to this Agreement as set forth in Article 18.
c) To make contributions in the form of membership premiums, assessments, and fees, if any, in accordance with the Bylaws and as determined by the Board, for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement. Any such contributions are subject to approval by the governing bodies of Member agencies from whom such contributions are sought.
d) To provide to the Authority such other information or assistance as may be necessary for the Authority to carry out crime prevention programs as determined by the Board.
ARTICLE 16
ADMISSION AND WITHDRAWAL OF PARTIES
16.01 Public agencies with law enforcement departments and federal and California law enforcement agencies may become Members of the Authority 15 lot
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upon approval and execution of this Agreement and under such terms and conditions as are determined by the Bylaws and upon approval of the Board.
16.02 The Executive Director shall file a notice of this Agreement within 30 days of its effective date with the office of the California Secretary of State, as required by Government Code Section 6503.5. Upon any change in membership, the Executive Director/Secretary shall file a notice of such change of membership within 10 days of its effective date with the Secretary of State and with the county clerk of each county in which the Authority maintains an office, as required by Government Code Section 5305'l.
16.03 Members may withdraw from the Authority in accordance with the following procedures and conditions:
a) A Member may withdraw as provided and in accordance with Section 3.03 of this Agreement.
b) Affer the expiration of the period provided in Section 3.03, a Member may withdraw as follows:
(1 ) Effective Date of Withdrawal for a Member or Associate Member. Such withdrawal shall become effective sixty (60) days following the giving of written notice of withdrawal of participation by any Member or Associate Member agency to the Executive Director. This 60-day period will provide for the timely transfer of assignments and the selection of replacement personnel. 2) Disposition of AsSetS Upon Withdrawal. Upon the withdrawal of a Member or Associate Member, that agency will receive its allocation of assets, including asset forfeiture funds, accrued until the date of withdrawal. Such allocation shall be reduced by the amount of any delinquent fees or assessments owed by the Member or Associate Member.
16.04 The Board of Directors may terminate membership of any Member or Associate Member upon majority vote of the entire Board, upon the effective date set by the Board.
ARTICLE 17
DISSOLUTION AND DISPOSITION OF ASSETS
17.01 Except as provided herein, the Members agree that all supplies and equipment purchased by the Authority shall be owned and controlled by the Authority as its sole and separate property and not as property of any Member.
17.02 The Authority shall continue to exist and exercise the powers herein until the Authority is terminated and dissolved by a vote of two-thirds of the entire Board of Directors; provided, however, that no such dissolution shall be complete and final until the Authority has satisfactorily disposed of all financial obligations 16 '2p
142
and claims, distributed all assets, and performed all other functions deemed necessary by the Board to conclude the affairs of the Authority.
17.03 Termination shall occur upon:
a) The written consent of two-thirds of the Board of Directors; and b) Full satisfaction of all outstanding financial obligations of the Authority; and
c) All other contractual obligations of the Authority have been satisfied.
47.04 In the event of such termination of the Authority, any funds remaining following the discharge of all debts and obligations shall be disposed of by distribution to each Member who is on the Board immediately prior to the termination of the Authority, a share of such funds proportionate to the contribution made to the Authority by the Member which have accrued during its participation, to the extent determined by the Board in its sole discretion to be fair and equitable and consistent to the distribution of assets as specified in the Bylaws.
17.05 Notwithstanding any other provisions of the Agreement, the Members agree to abide by the following procedure for selling of equipment in the event the Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, each Member shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may include a financing arrangement for the purchaser to allow for a transition period after the termination of this Agreement. If an agreement cannot be reached concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Members in a manner consistent with the distribution of assets as provided in the Bylaws, and any modifications to that formula adopted by the Board.
ARTICLE18
MISCELLANEOUS
18.01 Amendments. This Agreement may be amended with the majority approval of the Members; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other Financial obligations or the Authority.
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18.02 Notices. Any notice required or permitted to be made hereunder shall be in writing and shall be delivered in the manner prescribed herein at the principal place of business of each party. The party may give notice by:
Personal delivery;
E-mail;
u.s. Mail, first class postage prepaid;
Facsimile; or,
Any other method deemed appropriate by the Board.
At any time, by providing written notice to the other parties to this Agreement, any party may change the place, facsimile number or e-mail for giving notice. All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest:
The date of personal delivery;
The fifth business day following deposit in the u.s. mail, when sent by "first class" mail; or,
The date of transmission, when sent by e-mail or facsimile.
18.03 Effective Date. This Agreement shall be effective at such time as provided in Section 3.02.
18.04 Conflicts of Interest. No official, officer or employee of the Authority or any Member shall have any financial interest, direct or indirect, in the Authority. Nor shall any such officer or employee participate in any decision relating to the Authority that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectiy interested, in violation of any State law or regulation. The Authority shall be subject to a Los Angeles County Conflict of Interest Code, as adopted by the Board of Supervisors, and must comply with all filing and other requirements as set forth therein and in State law.
18.05 Dispute Resolution and Arbitration. Disputes regarding the interpretation or application of any provision of this Agreement shall first, to the extent reasonably feasible, be resolved by and between any Members, or by and between any such Member and the Authority, through consultation between the parties. In the event the parties cannot reso(ve their dispute, then the Executive Committee shall form a subcommittee of three non-interested, objective Members of the Executive Committee who may resolve the dispute. 18 7'7
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In the event the dispute cannot be resolved by the subcommittee of the Executive Committee, as provided hereinabove, the parties to the dispute agree to resolve the matter through non-binding mediation by a mediator to be mutually selected by the disputing parties, unless the parties agree to a different process for dispute resolution. Either Party may take other available legal actions only affer the procedures for alternative dispute resolution as specified in this Section
18.05 are complied with and completed.
18.06 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenTorceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
18.07 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members hereto.
18.08 Assiqnment. No Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, Fund or asset of the Authority.
18.09 Governing Law. This Agreement is made and to be performed in the County of Los Angeles, State of California, and as such California substantive and procedural law shall apply.
18.10 . The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement.
18.11 Counterparts. This Agreement may be executed in counterparts.
18.12 Execution. The legislative body or governing body of each Member enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively.
18.13 Entire Agreement. This Agreement, supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by the Authority and all Members.
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AMENDMENT TO JOINT POWERS AGREEMENT
FOR
LOS ANGELES INTERAGENCY METROPOLITAN POLICE
APPREHENSION CRIME TASK FORCE
(L.A. IMPACT)
1. Section 5.01 paragraph (a) of Article 5 Powers shall be amended to read as follows: a) To make and enter into, in its own behalf and not on behalf of the individual Members, contracts consistent with this Agreement, including, but not limited to, contracts to purchase/lease and/or dispose of supplies and equipment.
The participation goals specified in Article 6, of Chapter 6 of Division 4 of the Military and Veterans Code, commencinq with section 999, will apply to contracts executed by the Authority.
2. Section 4.02 Contents of Associate Membership Aqreement shall be amended by adding subsection "g" as follows:
g) Contain provisions to provide indemnity to the Authority, its Members, and other Associate Members, such as is set forth in the Agreement sections 14.03, 14.04 and 14.06.
Member Indemnity for General Liability of Contributed Employee. Except as provided in Section 18.05, each Member shall protect, defend, indemnify, and hold free and harmless the Authority, the other Members and Associate Members, and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by a contributed employee of the Member who is performing Authority law enforcement or support functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the peformance of their duties to the Authority and for which each Member shall maintain sufficient liability coverage, pooled self-insurance coverage, or a program of self-insurance, which includes coverage for contractual promises to indemnify, in effect at all times as determined by the Board of Directors, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation.
4. Section 14.04 Member Indemnity for Workers Compensation Liability of Contributed Employee shall be amended to read as follows:
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5. Section 14.06 Authority Indemnity of Members shall be amended to read as follows:
Authority Indemnity of Members. The Authority shall protect, defend, indemnify, and hold free and harmless the Members and Associate Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by staff employed by the Authority hired pursuant to Section 12.02 including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority.
6. All terms and conditions set Forth in this Amendment are incorporated by this reference into the Agreement. This Amendment modifies the Agreement only as expressly set forth above. This Amendment does not modify, alter or amend the Agreement in any other way whatsoever. Except as expressly set forth herein, all terms and conditions of the Agreement shall remain in full Force and effect.
7. This Amendment shall be effective upon the approval by a majority of the Members of the Authority. This Amendment may be signed in counterparts. 21 2,5
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IN WITNESS WHEREOF, each Member has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows:
CITY OF SOUTH GATE AUTHORIZATION
For Membership to the LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT)
JOINT POWERS AGREEMENT
IN WITNESS WHEREOF, the City of South Gate, by Resolution of its City Council, has caused this Agreement to be executed on its behalf by the City Manager Rob Houston, and attested by the City Clerk Yodit Glaze, as of the date so executed below.
SOUTH GATE, CALIFORNIA
Dated: BY:
Rob Houston
City Manager
ATTEST:
Yodit Glaze
City Clerk
APPROVED AS TO FORM:
Raul Salinas
City Attorney
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EXHIBIT A
MEMBER AGENCIES (October 2015)
MEMBER AGENCY
1 California Dept. of Justice - Bureau of Investigation 2 City of Alhambra
3 City of Arcadia
4 City of Azusa
5 City of Baldwin Park
6 City of Bell Gardens
7 City of Beverly Hills
8 City of Burbank
9 City of Claremont
0 City of Covina
'i City of Culver City
2 City of Downey
3 City of EI Segundo
4 City of El Monte
5 City of Gardena
6 City of Glendale
7 City of Glendora
8 City of Hawthome
9 City of Hermosa Beach
20 City of Huntington Park
21 City of Inglewood
22 City of Irwindale
23 City of La Verne
24 City of Long Beach
25 City of Los Angeles
26 City of Manhattan Beach
27 City of Monrovia
28 City of Montebello
29 City of Monterey Park
30 City of Palos Verdes Estates
31 City of Pasadena
32 City of Pomona
33 City of Redondo Beach
34 City of San Femando
35 City of San Gabriel
36 City of San Marino
37 City of Santa Monica
38 City of Sierra Madre
39 City of Signal Hill
40 City of South Pasadena
41 City of Torrance
42 City of West Covina
43 City of Whittier
44 County of Los Angeles
ASSOCIATE MEMBER AGENCY
I City of Calexico
2 California Highway Patrol
23 2,1
149
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Attachment B
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
GATE, CALIFORNIA, APPROVING THE LOS ANGELES
INTERAGENCY METROPOLIT AN POLICE APPREHENSION CRIME
TASK FORCE JOINT POWERS AGREEMENT (LA IMPACT JPA), AUTHORIZING THE CITY'S MEMBERSHIP IN LA IMPACT; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE JPA
AGREEMENT
WHEREAS, the City of South Gate recognizes the need for a regional crime task force with specialized proficiency in the area of surveillance to effectively investigate major crimes, with an emphasis on narcotics enforcement; and,
WHEREAS, the City of South Gate seeks participation in the Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) and supports the concept of formally organizing LA IMPACT as a Joint Powers Authority to clarify the rights and duties of the LA IMP ACT members and to provide LA IMPACT with legal standing as an entity with its own; and, WHEREAS, the Joint Powers Agreement (JPA), creates an Authority to coordinate a county-wide multi-jurisdictional crime task force; and WHEREAS, the City of South Gate desires to become a member of the Los Angeles Inter- agency Metropolitan Police Apprehension Crime Task Force (LA Impact) Authority created ther eto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PursuanttotheCity'sauthorityundertheJointExerciseofPowersActinCalifornia Governrnent Code §6500 et. seq., the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LAIMPACT) Joint Powers Agreement, attached hereto and incorporated herein, is approved, thereby authorizing the City's membership in the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Authority SECTION2. The City Manager is authorized and directed to execute the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Authority (LA IMPACT) Joint Powers Agreement to effectuate the intent of this Resolution.
SECTION 3. The Mayor is hereby authorized to affix her signature to this Resolution signifying its adoption and the City Clerk shall certify to the adoption of the Resolution which shall be effec tive upon its adoption.
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SECTION 4. If any one or more of the provisions contained in this Resolution shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Resolution shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein.
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 23rd day of September 2025.
CITY OF SOUTH GATE:
Bar:
Maria Davila, Mayor
ATTEST:
B7:
Yodit Glaze, City Clerk
(SEAL)
B7:
Salinas, City Attorney
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Item No. 5
Cig of South Gate
CITY COUNCIL
AGENJDA JBJ[LL
For the Regular Meeting of September 23, 2024
Originating nt: Human Resources
Human Resources Director: Ciffl Mariager:
ton Rob Ho
SUBJECT: APPROVAL AND ADOPTION OF SUCCESSOR MEMORANDUMS OF
UNDERSTANDING WITH THE SOUTH GATE MUNICIPAL EMPLOYEES'
ASSOCIATION (SGMEA), THE SOUTH GATE PROFESSIONAL MID-
MANAGEMENT ASSOCIATION (SGPMMA), THE SOUTH GATE DIVISION
MANAGEMENT ASSOCIATION (SGDMA), THE SOUTH GATE POLICE
MANAGEMENT ASSOCATION (SGPMA) AND THE SOUTH GATE POLICE
OFFICERS' ASSOCIATION (SGPOA), AND THE APPROVAL AND ADOPTION OF
THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE UNREPRESENTED
EXECUTIVE MANAGEMENT EMPLOYEE GROUP
PURPOSE: To approve and adopt the successor Memorandums of Understanding ("MOU") between the City of South Gate ("City") and the South Gate Municipal Employees Association ("SGMEA"), the South Gate Professional Mid-Management Association ("SGPMMA"), the South Gate Division Management Association ("SGDMA"), the South Gate Police Management Association ("SGPMA"), and the South Gate Police Officers' Association ("SGPOA") (collectively "MOUs") and the Terms and Conditions of Employment ("Terms") for the Unrepresented Executive Management Employee Group ("Executives") covering the term of July 1, 2025, through June 30, 2026, which shall supersede the predecessor MOUs, Ternns, Amendments and Tentative Agreements between the City and the SGMEA, SGPMMA, SGDMA, SGPMA, SGPOA, and Executives.
RECOMMENDED ACTIONS:
a. Adopt Resolution approving the SGMEA MOU, SGPMMA MOU, SGDMA MOU, SGPMA MOU, SGPOA MOU, and the Executive Terms for the term of July 1, 2025, through June 30, 2026; and
b. Authorize the Mayor to execute the comprehensive successor Memorandums of Understanding in a form acceptable to the City Attorney.
FISCAL IMPACT: There is no fiscal impact from adopting the Resolution approving the comprehensive successor MOUs and Terms as the negotiated additional costs related thereto were contemplated and approved in the Fiscal Year 2025/26 Adopted Budget.
BACKGROUND: After extensive negotiations between the City and SGMEA, SGPMMA, SGDMA, SGPMA, and SGPOA, an agreement was reached for a one-year term (July 1, 2025, to 1 153
June 30, 2026). Additionally, the updated Terms and Conditions of Employment for the Executives is proposed to mirror that of the negotiated terms with the City's employee associations. In summary, the agreement includes a three percent (3.0%) base pay cost of living increase effective September 7, 2025, to ensure that employee wages merely keep pace with inflation. For the Executives, DMA, PMMA, and MEA employees, the Holiday Leave provision was updated, removing the cash out ability for unused days and, instead, requiring employees to use all holiday hours by the end of the fiscal year or lose time. For PMMA and MEA employees, an agreement was reached wherein the City agreed to provide employees with at least 14 days' calendar notice of any change to their ordinary schedules; however, such did not apply to required overtime to emergency coverage. For MEA members, the City also agreed to update the terms of their probation and what constitutes "heavy equipment," and to open the opportunity for an MEA member to serve as one of the City Manager Designated Translators. The MOUs and Terms contain other minor changes, such as grammar corrections, correction of scrivener's errors in the previous agreements, clarification language to remove ambiguities, and corrections to ensure language and provisions are consistent with existing federal and/or state law.
The City Council is being requested to adopt a Resolution approving the successor SGMEA MOU, SGPMMA MOU, SGDMA MOU, SGPMA MOU, SGPOA MOU, and Executive Terms and authorize the Mayor to execute the same in a form acceptable to the City Attorney where required.
Staff would like to acknowledge and thank SEIU Local 721, who represented the SGPMMA and SGMEA, Attorney Robert Wexler, who represented the SGPMA and SGPOA, and the leadership of the City's employee Associations, SGMEA, SGPMMA, SGDMA, SGPMA, and SGPOA, for their work, cooperation, and professionalism during this period of labor negotiations.
ATT ACHMENT:
A. Resolution
B. SGMEA MOU 2025-2026
C. SGPMMA MOU 2025-2026
D. SGDMA MOU 2025-2026
E. SGPMA MOU 2025-2026
F. SGPOA MOU 2025-2026
G. Terms and Conditions for Executives 2025-2026
2 154
Attachment A
RESOLUTION NO.
CITY OF SOUTH GATE
LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,
CALIFORNIA, APPROVING AND ADOPTING SUCCESSOR MEMORANDUMS OF
UNDERSTANDING WITH THE SOUTH GATE MUNICIPAL EMPLOYEES'
ASSOCIATION (SGMEA), THE SOUTH GATE PROFESSIONAL MID-
MANAGEMENT ASSOCIATION (SGPMMA), THE SOUTH GATE DIVISION
MANAGEMENT ASSOCIATION (SGDMA), THE SOUTH GATE POLICE
MANAGEMENT ASSOCATION (SGPMA) AND THE SOUTH GATE POLICE
OFFICERS' ASSOCIATION (SGPOA), AND THE APPROVING AND ADOPTING THE
TERMS AND CONDITIONS OF EMPLOYMENT FOR THE UNREPRESENTED
EXECUTIVE MANAGEMENT EMPLOYEE GROUP
WHEREAS, the last Memorandum of Understanding ("MOU") between the City of South Gate ("City") and South Gate Municipal Employees Association ("SGMEA") covering the term of July 1, 2024, through June 30, 2025, the MOU between the City and the South Gate Professional Mid-Management Association ("SGPMMA") covering the term of July 1, 2024, through June 30, 2025, the MOU between the City and the South Gate Division Management Association ("SGDMA") covering the term of July 1, 2021, through June 30, 2025, the MOU between the City and the South Gate Police Management Association ("SGPMA") covering the term of July 1, 2021, through June 30, 2025, the MOU between the City and the South Gate Police Officers' Association ("SGPOA") covering the term of July 1, 2021, through June 30, 2025, and the Agreement between the City and the Unrepresented Executive Management Employee Group ("Executives") covering the term of July 1, 2024 through June 30, 2025; WHEREAS, the City met and conferred with SGMEA and SGPMMA, who both were represented by SEIU Local 721, SGPMA and SGPOA, who both were represented by Attorney Robert Wexler, and SGDMA to negotiate the successor MOUs for the term of July 1, 2025 through June 30, 2026;
WHEREAS, the City Council wishes to extend the same, general benefits provided to its employee associations to update to the Terms and Conditions of Employment ("Terms") for the Executives for the term of July 1, 2025, through June 30, 2026; and WHEREAS, the SGMEA, SGPMMA, SGDMA, SGPMA, and SGPOA reviewed and approved the successor SGMEA MOU 2025-2026, the SGPMMA MOU 2025-2026, the SGDMA MOU 2025-2026, the SGPMA MOU 2025-2026, and the SGPOA MOU 2025-2026, as well as the Terms of the Executives for 2025-2026, all of which shall become effective only after adoption by the South Gate City Council.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.
SECTION 2. The City Council does hereby accept, approve and adopt the successor Memorandurns of Understanding between the City and the South Gate Municipal Employees Association, between the City and the South Gate Professional Mid-Management Association, between the City and the South Gate Division Management Association, between the Ciiy and the Police Management Association, and the City and the Police Officers' Association for the term of July 1, 2025 through June 30, 2026, attached respectively hereto as B Xfi H5 Ht s ( tB , 5 5 c (C, 5 s G (D, 5 5 ( (E, s 5 a n d t (p, ) 5 SECTION 3. The City Council does hereby accept, approve and adopt the updated Terms and Conditions of Employment for the Unrepresented Executive Management Employee Group for the term of July 1, 2025 through June 30, 2026, attached respectively hereto as Exhibit "G." SECTION 4. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
PASSED, APPROVED and ADOPTED this 23rd day of September 2025.
CITY OF SOUTH GATE:
By:
Maria Davila, Mayor
ATTEST:
By:
Yodit Glaze, Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
B7:
Raul F. Salinas, City Attorney
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Attachment B
Contract No.
MEMORANDUM OF UNDERST ANDING
BETWEEN THE
CITY OF SOUTH GATE
AND THE
SOUTH GATE
MUNICIP AL EMPLOYEES
ASSOCIATION
JULY 1, 2025 JUNE 30, 2026
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CONTENTS
ARTICLEI GENERAL PROVISIONS
SECTION 1 RECOGNITION
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
SECTION 3 NON-DISCRIMINATION
SECTION 4 DURATION
SECTION 5 DUES DEDUCTION
SECTION 6 CONTRACTING OUT SERVICES
SECTION 7 DRESS CODE
SECTION 8 ASSOCIATION BUSINESS
SECTION 9 USE OF CITY FACILITIES
SECTION 10 LABOR MANAGEMENT COMMITTEE
SECTION 11 EMPLOYEE HANDBOOK
SECTION 12 PROBATION
SECTION 13 MAINTENANCE OF BENEFITS
SECTION 14 ELECTRONIC CHECK DEPOSIT
SECTION 15 SUBST ANCE ABUSE POLICY
SECTION 16 SMOKE FREE POuCY
SECTION 17 SUCCESSOR MOU NEGOTIATIONS
SECTION 18 WORK SCHEDULES
SECTION 19 DRINKING WATER
SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE
ORIENTATIONS AND INFORMATION
SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF
OFFICIAL DOCUMENTS
ARTIC'LE II SA[ARY & AL[OWANCES
SECTION 1 PAY INCREASES IMPLEMENT ATION
SECTION 2 WAGES
SECTION 3 LONGEVITY PAY
SECTION 4 MERIT BASED STEP INCREASE
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SECTION 5 ACTINGPAY 14-15
SECTION 6 EDUCATIONAL REIMBURSEMENT 15-16
SECTION 7 MILEAGE ALLOWANCE 16
SECTION 8 BILINGUAL PAY 16-17
SECTION 9 CERTIFICATE PAY 17-18
SECTION 10 UNIFORM PAY 18-19
SECTION II ST ANDBY AND CALL-BACK PAY 19-21
SECTION 12 HEAVY EQUIPMENT OPERATOR PAY 21-22
SECTION 13 COMMERCIAL DRIVER'S LICENSE
ARTICLE III FRINGE BENEFITS
SECTION I MEDICAL, DENTAL & VISION INSURANCE 23-24
SECTION 2 LIFE INSURANCE
SECTION 3 VOLUNT ARY LIFE INSURANCE
SECTION 4 RETIREMENT 24-27
SECTION 5 DEFERRED COMPENSATION
SECTION 6 RISK MANAGEMENT & MEDICAL PROTECTION FOR COMMERCIAL uCENSE OPERATORS
SECTION 7 PHYSICAL FITNESS
SECTION 8 LONG TERM DISABILITY
SECTION 9 FLEXIBLE SPENDING ACCOUNT DEPENDENT CARE TAX
SAVINGS
ARTICLE IV LEAVE POLICIES
SECTION 1 HOLIDAY LEAVE 29-31
SECTION 2 VACATION 31-32
SECTION 3 SICK LEAVE 32-34
SECTION 4 PAY FOR JURY DUTY 34-35
SECTION 5 UNP AID LEAVE 35-36
SECTION 6 MATERNITY LEAVE 36
SECTION 7 FAMILY MEDICAI, LEAVE ACT 36-37
SECTION 8 BEREAVEMENT 37
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SECTION 9 JOB RELATED INJURY OR ILLNESS 37-38
SECTION 10 MILIT ARY LEAVE 38
SECTION 11 COMPENSATORY TIME LEAVE 38
ARTIC'LE V DISCIPLINE & GRIEV ANCE PROCEDURES 39
SECTION 1 DISCIPLINE PROCEDURE 39-43
SECTION 2 GRIEV ANCE PROCEDURE 43-47
ARTIC[E VI IMPLEMENT ATION OF MEMORANDUM OF UNDERST ANDING ..........48 SECTION 1 WAGE RIGHTS 48
ARTICLE VII LAYOFFS 49-51
ARTICLE VIII REHIRES AND CONTRACT EMPLOYEES/CONSULTANTS.....................52
ARTICLE IX FULL UNDERST ANDING
ARTICLE X REOPENERS
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ARTICLE I
GENERAL PROVISIONS
SECTION I RECOGNITION
The South Gate Municipal Employees Association [affiliated and represented by the Service Employees International Union, Local 721], hereinafter called the "Association" or "SGMEA," is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit defined in Section 8.2.5 of the City's Employer- Employee Relations Resolution (Resolution No. 4508) as "All Municipal Employees of the City" assigned to the "500" Series salary range.
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
It is the intent of the City and the Association that this successor MOU supersede all previous resolutions, MOUs, agreements, side letters or understandings either written or oral, and contains the entire understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.
SECTION 3 NON-DISCRIMINATION
The City and the Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, political beliefs and affiliations, or union affiliation of any person or for any other reason prohibited by law.
SECTION 4 DURATION
This MOU shall cover the period from July 1, 2025, through June 30, 2026, and shall supersede the SGMEA MOU of 2024 - 2025. This successor MOU shall become effective only after the ratification by the members of the Association and after the first full pay period after adoption by the City Council of the City of South Gate.
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SECTION 5 DUES DEDUCTION
A. Automatic Payroll Deduction
The City will continue automatic payroll deduction for the collection of Association dues throughout the term of this Agreement. The Association may request in writing that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association, from the salary or wages of members of the Association. The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association shall also provide the certification of the membership list for deduction purposes to the City on an aru"iual basis or more often as needed. Accordingly, the Association dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary or wages of each employee whose name is provided in writing by the Association.
The City shall provide for payroll deductions on each payroll period (twenty- six times per calendar year). The City shall remit the total amount of deductions to the Association within thirty (30) calendar days of the date of the deduction. Any changes in the Association dues must be given to the City a minimum of thirty (30) calendar days prior to the change to accommodate changes to payroll. Membership within and/or payment of any dues or fees to the Association shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining the Association.
The Association shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) working days, then the City shall be relieved of any further responsibility.
The Association shall indemnify, defend, and hold harmless the City for:
(i) any claims made by an individual employee relating to deductions made in reliance upon any certification from the Association, and (ii) any liability arising from any claims, demands, or other action relating to the City's compliance with this Article relating to maintenance of membership. 6 10
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However, the Association shall not indemnify, defend, or hold harmless the City for its own errors in administering the dues deductions on behalf of the Association. Any claims, demands, disputes arising from the application or interpretation of this Article shall be filed directly with the Association and shall not be subject to the City's grievance procedures.
B. "COPE" Contribution.
Association members may voluntarily authorize in writing a Committee on Political Education (COPE) deduction from their salary. Employees wishing to participate shall provide written authorization on a form furnished by the Association indicating the amount to be deducted. The parties agree that an employee may revoke any such deduction at any time. The parties further agree that neither the Association nor the City will bestow any special benefit or cause any detriment as a result of an employee's voluntary choice to make, decline to make, or revoke contribution.
SECTION 6 CONTRACTING OUT SERVICES
The City retains the right to contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting outwherever possible, but the parties' understanding that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision- making authority regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months' pay in addition to the normal termination benefits applicable to other employees covered by this MOU SECTION 7 DRESS CODE
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.
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SECTION 8 ASSOCIATION BUSINESS
Elected Association stewards and officials will be provided a reasonable amount of time during normal working hours to conduct official union business. This time will be recorded in accordance with City policy. Time spent on official Association business will not disrupt critical work schedules.
Disputes about this policy will be resolved through good faith discussions between the City and the Association and will not be subject to the grievance procedure.
The City agrees to provide two (2) days of release time with pay per year for each of two (2) Board Members or Board's designee/s to attend conferences or other activities as set by the Association.
SECTION 9 USE OF CITY FACILITIES
The City agrees that the Association may use City facilities to conduct meetings, provided that advance notice is given to the City, proper reservations are made for the use of the facilities to ensure availability and prevent scheduling conflicts, and that such use does not interfere with the normal business operations of the City.
SECTION 10 LABOR MANAGEMENT COMMITTEE
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall be to discuss issues of interest to the unit members, issues of interest to management and issues of mutual interest. The parff calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other party supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources.
The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.
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SECTION II EMPLOYEE HANDBOOK
The Employee Handbook will be updated periodically and will be available in electronic form and subject to meet and confer on matters within the scope of representation.
SECTION 12 PROBATION
A. All new Association represented employees, including classifications working in the City's Police Department, are required to complete a probationary period of one (1) year, which is considered to be an extension of the examination process and an opportunity for the newly placed employee to demonstrate abilities and skills necessary for successful work performance in the particular classification and position. Employees on probation will receive a step raise the first full pay period after successfully completing his/her probationary period.
B. Any appointment to a position from an eligibility list is subject to a probationary period of one (1) year equivalent to a total of 2,080 actual work-time hours including earned Holiday Leave before an appointee acquires a permanent status in the new position.
C. Evaluations shall be done at six (6) months and at least one week prior to the end of the employee's probation period. At least two weeks prior to the end of the probationary period, the Department Head shall forward the probationary employee's performance evaluation to the Personnel Officer recommending that the employee be given permanent status if his/her service has been satisfactory, recommending an extension of the probationary period not exceeding six (6) additional months providing clear justification for the extension, or recommending that the employee be terminated. The initial probationary period may be extended six (6) months at the discretion of the Department Head in documented cases where work performance cannot be fully evaluated within the initial one (1) year probationary period.
D. To effectively extend an employee's probationary period beyond one (1) year, the following steps must be taken on or before the final date of the employee's probationary period: (1) The performance evaluation must be completed outlining the specific justification for extending the probation and providing the specific date the extended probationary period shall end; (2) the performance evaluation must be signed by the Department Head approving the extension of probation; and (3) the employee must be 9 13
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provided notice of the extension by providing to the employee the Department Head signed performance evaluation containing the notice of extension of probation. If the City does not provide the final, Department Head signed performance evaluation officially extending the employee's probation on or before the final date of the employee's initial one (1) year probationary period, then the employee will be deemed to have passed probation.
E. An employee may be removed by the appointing authority at any time during the probationary period by submission of a termination notice to the Persoru"iel Officer, and the same shall not be subject to review by an Administrative Law Judge or the City Council. The Persoru"iel Officer may restore any employee so terminated to the eligible list from which he/she was removed if there appears to be adequate basis for anticipating the employee might render satisfactory service in another department. When a present employee with permanent stahis accepts probationary appointment in a new classification, whether or not promotional, that employee retains the right to return to the position vacated.
F. After completing probation, each employee shall receive an annual performance review which shall be due on the aru"iiversary of the date that he/she passed probation in his/her current position.
SECTION 13 MAINTENANCE OF BENEFITS
All existing wages, hours, and other terms and conditions of employment presently enjoyed by Association members shall remain in full force and effect for the duration of the term of this MOU, except as specifically modified by the provisions herein or by mutual written agreement of the parties.
SECTION 14 ELECTRONIC CHECK DEPOSIT
The City will continue to provide an electronic check deposit program.
SECTION 15 SUBST ANCE ABUSE POLICY
The City and the Association agree that it is appropriate to provide a drug free workplace through the establishment of policies and procedures which clearly prohibit the use of alcohol and other drugs and their influence on the job. The Association will cooperate with the City in implementing its Drug and Alcohol Abuse Policy. The City agrees to meet and confer with the Association 10SGMEA Successor MOU 2025-26
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prior to making any significant modifications to its Drug and Alcohol Abuse Policy.
SECTION 16 SMOKE FREE POLICY
All City buildings and City vehicles shall be considered smoke-free areas.
SECTION 17 SUCCESSOR MOU NEGOTIATIONS
If practicable, the parties agree to meet in February of the last year of the contract to begin negotiations for a successor agreement to the MOU; otherwise, the parties agree to meet in March.
SECTION 18 WORK SCHEDULES
All existing work schedules, including alternative work schedules, shall continue for the duration of the MOU, unless modified in a written agreement between the City and the Association. The City agrees to meet and confer with the Association on any proposed changes to the alternate work schedules. The City shall provide no less than fourteen (14) calendar days' notice of changes to an employee's permanent work schedule before implementing such a change. This does not affect the City's ability to require employees to work overtime or temporarily adjust an employee's schedule to address the needs of the City; however, the City will provide as much notice as possible in such situations.
SECTION 19 DRINKING WATER
The City will ensure that employees have access to drinking water.
SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENT ATIONS AND
INFORMATION
The City agrees to provide no less than ten (10) calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether inperson, online or through other means. In accordance with California Government Code q 3557, access shall be determined by mutual agreement between the City and the Association. Access could be effectuated by representational attendance or correspondence. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.
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If no in-person, new employee orientation has occurred within thirty (30) days of an employee's date of hire and with at least seven (7) calendar days' written notice to the affected Department, the Association shall be permitted to schedule an in-person meeting within 31 to 60 calendar days of the employee's date of hire at the worksite for no more than 90 minutes, which includes travel time to and from the meeting, and which shall incorporate the employee's lunch hour. During this scheduled time, the newly hired employee will be relieved of other duties to permit attendance.
The City shall provide notification of all new employees subject to the disclosure requirements outlined in Artide I, Section 5.A.
SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL
DOCUMENTS
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights."
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ARTICLE II
SECTION I
SALARY & ALLOWANCES
PAY INCREASES IMPLEMENT ATION
All payroll changes for step increases, pay increases, and other compensation changes will be made effective prospectively or retroactively, as is appropriate, on the effective date of said change.
SECTION 2 WAGES
For Fiscal Year 2025-26 and effective September 7, 2025, the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by three percent (3.0%).
SECTION 3 LONGEVITY PAY
The City recognizes that as an employee's service with the City increases, the employee's knowledge of operating procedures, productivity, and ability to provide outstanding service to the citizens of South Gate increases. For these reasons, the City provides longevity pay, which is added to each step for eligible employees. Longevity pay is determined once per year (on July 1) and is computed prior to the percentage increase to each step contained in Section 2 Wates. For pay calculations purposes, such as, but not limited to, overtime, pension, sick leave, and vacation, longevity pay is added to an employee's base pay. Employees are eligible for Longevity Pay based on the following:
SECTION 4
Full Years of City Services
5 to 9 years
10 years to 14 years
15 years to 19 years
20 years or more
MERIT BASED STEP INCREASE
% of Base Pay
1. 5%
2. 0%
2. 5%
3. 0%
All employees will receive an annual performance evaluation in accordance with Article I, Section 12. Advancement to a higher Step in each Grade will be contingent upon overall satisfactory or exemplary performance evaluations.
Should a supervisor fail to complete an evaluation through no fault of the employee, the employee will automatically receive any regularly scheduled increase.
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Merit increases must be recommended by the employee's supervisor and approved by the Department Head. Supervisors are required to take affirmative action to withhold a salary step increase, with this action to be approved by the Department Head. Any action taken to withhold a regularly scheduled salary step increase shall be reviewed by the Personnel Officer if the employee requests. Further, if a supervisor rates an employee unsatisfactory and fails to withhold a step increase, the supervisor shall be required to justify the lack of action. Withholding a salary increase is an administrative action, and not disciplinary, and therefore is not the subject to appeal under the grievance procedure, including the Civil Service Commission or Office of Administrative Hearings. When an employee is given an unsatisfactory performance evaluation, and a salary step withheld, the employee and supervisor shall meet and establish goals and a plan to improve the performance. When an employee meets goals of the performance improvement plan the employee will then earn a step increase.
SECTION 5 ACTING PAY
A. RIGHT TO ADDITIONAL COMPENSATION.
Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.
B. CONDITIONS PRECEDENT ADDITIONAL COMPENSATION
1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
a, If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a permanent employee occupying said position, the requisite time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
b. If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary 14 Ig
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absence of a permanent employee, such as illness, vacation, leave of absence, or absence without leave, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director. Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Persor'u'iel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Personnel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Personnel Officer.
3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.
SECTION 6 EDUCATIONAL REIMBURSEMENT
The individual educational reimbursement cap is $2,500 per fiscal year ($3,000 for private universities). The City shall reasonably budget for this expense based upon past use experience. Full-time City employees who have successfully passed their initial probation period are eligible to participate in the educational reimbursement plan.
To be eligible for reimbursement the employee must obtain a grade of "C" or better and submit a grade slip or other evidence of successful course completion and appropriate invoices and/or receipts. If the employee leaves 15 1'7
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voluntarily or separates from the City within two years of completing a course for which reimbursement is received, he/ she shall be required to repay the City for said funds, on a pro-rata basis (i.e., 1/24th for each month short of two years). The City may withhold the amount of such reimbursement from the employee's final check.
The City agrees to allow a flexible work schedule for an employee who is enrolled in an academic program and needs an early release time to attend classes. The flexible work schedule is limited to one hour of early release time per day where an employee can start work early or take a shortened lunch break, provided that a ten (10) hour day is completed, subject to all applicable laws, and prior approval of the Department Head.
SECTION 7 MI[EAGE A['LOWANCE
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.
SECTION 8 BILINGUAL PAY
Employees who are assigned to a job classification that has been designated by the City as a bilingual preferred position with public contact (i.e., verbal and/or written translation of English to Spanish or Spanish to English is desirable) shall receive additional compensation based on the employee's ability to pass the following bilingual exams:
TIER I
TIER II
Proficient verbal bilingual skill, $75.00 per month.
Proficient verbal, reading, and writing bilingual skills $100.00 per month.
TIER III - Excellent verbal, reading, and writing bilingual skills and the ability to act as a translator in meetings $175.00 per month.
Simultaneous Translators: Any Tier III certified Bilingual Pay recipient may be considered to serve as a Simultaneous Translator at City Council Meetings, Planning Commission meetings, Parks & Recreation Commission meetings, or any other public meeting pre-approved by the City Manager, shall be paid overtime at two times the overtime-eligible employee's normal, hourly rate for overtime hours worked while performing simultaneous translation. In order to qualify to serve as a Simultaneous Translator, an employee must pass a simultaneous translation test administered by the Human Resources Department. Once certified, the employee will be placed on a list of eligible 16 20
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employees who may be called to serve in the capacity of a Simultaneous Translator at one of the above-designated meetings. Except for "City Manager Designated Translators," as described below, there is no requirement that certified Simultaneous Translators must work overtime; however, if a certified employee declines to serve as a Simultaneous Translator on mor than three occasions during a 12-month period for the meeting for which he/she is certified, the employee shall be decertified as a Simultaneous Translator for that designated meeting. "City Manager Designated Translator": At the City Manager's discretion, he/she may designate no more than three certified Simultaneous Translators citywide to serve as the designated translator for each of the following meetings: City Council; Planning Commission; and Parks & Recreation Commission. An employee accepting the position of City Manager Designated Translator shall be paid $50 per month for his/her translation services in addition to the $175.00 per month he/she received as a Tier III Bilingual Pay recipient for a total of $225.00 per month. As a City manager Designated Translator, the employee is required to translate for all meetings for which he/she is designated (e.g., if the employee is the City Manager Designated Translator for City Council meetings, that employee shall serve as the Simultaneous Translator for those meetings unless his/her absence is excused for reasoning including, but not limited, to vacation and/or sickness). A City Manager Designated Translator serves at the discretion of the City Manager and may be removed from the designated position at any time, without any reason, and the City Manager's decision to remove an employee from this designated position is final and not subject to grievance.
An employee who no longer wishes to serve as the Designated Translator must provide at least 30 days' notice to the City Manager before voluntarily vacating the position. FLSA exempt employees are eligible for the increased monthly amount ($225.00 per month) if selected to serve as a City Manager Designated Translator; however, FLSA exempt employees are not eligible for overtime.
SECTION 9 CERTIFICATE PAY
A. The City shall pay for any health examination required for a job-required license or certificate renewal.
B. Pesticide Application
The City agrees to extend pesticide application certificate pay to those Public Works employees who apply pesticides as part of their job 17 2/
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requirements. The City will determine which employees will qualify for pesticide application certificate pay.
The proper application and disposal of pesticides within the City of South Gate is critical to the health and safety of employees and the community.
Therefore, employees who hold a license and certification that allows for the independent application of pesticides and the training/oversight of other employees in the application of pesticides shall receive an allowance equal to three (3) percent of pay for their grade and step. This allowance is based on the grade and step of the employee and is not computed on top of other allowances, including, but not limited to Longevity Pay.
C. NCCCO Certification
Employees required by their job descriptions to obtain a National Commission for the Certification of Crane Operators (NCCCO) certification for the purposes of operating a crane shall receive additional compensation in the form of $350 per month. Employees who obtain a NCCCO certification for the purposes of operating a crane and whose job description does not require such certification shall receive additional compensation of $50.00 per day for the time actually spent operating the crane on City business. The Department Director must approve the employee obtaining the certificate when the certificate is not required by their job description. The Association grievance regarding NCCCO certification pay which has not yet been resolved shall not be subject to or otherwise impaired by this new provision and shall be determined by the NCCCO certification language in existence at the time the grievance was filed. Any Association represented employee who was already receiving NCCCO certification pay as of the effective date of this MOU shall continue to receive such pay until their current certification expires and shall thereafter be governed by this updated provision.
SECTION 10 UNIFORM PAY
Represented employees shall not receive prior Uniform Allowance for FY 2022-23. The City will instead set up a voucher/approved vendor option, with a reimbursement provision only if voucher/approved vendor is not available.
Employee supervisor must approve any reimbursement request in advance and any reasonable expense request. Until voucher system is set up, City agrees not to discipline employees for poor quality of their uniforms. City and Association to meet and confer within ninety (90) days regarding which 18 :L>
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classifications/positions are required to wear uniforms, what those uniforms will be, and the reasonable voucher/reimbursement costs for specific items of uniform.
SECTION II ST ANDBY AND CALL-BACK PAY
A. The City shall provide stand-by pay to all eligible employees, including Police Department employees, as follows: $25.00 weekdays; $35.00 for weekend and/or holiday duty.
B. Stand-By pay for those positions in MEA within the Water Division who take computers home shall be increased to $30.00/weekday and $50.00/ weekend duty, No call-out pay or overtime pay for using computers at remote locations shall be paid unless the employee is called out or requested to work overtime. Other computer users may be added later if approved by the City Manager.
C. In order to be entitled to the standby pay, the designated employee must be continuously available for each twenty-four (24) hour day of standby duty.
D. The purpose of the standby and call back system is to provide an orderly and reasonable method to meet the unusual and emergency needs of the City of South Gate during employees' non-working hours.
E. A monthly schedule for standby personnel will be issued and posted. Each employee is expected to comply with the schedule. Any schedule change will be done by the appropriate supervisor. All substitutions or changes must be approved in advance by the appropriate supervisor.
F. An employee's standby duty shift or tour will be typically for a one- week period, or multiples of one week periods, and will begin at the end of the work day on the first day of the employee's standby tour and shall end at the close of the last work day of the assigned tour.
G. When on standby the employee upon being paged, is required to contact the South Gate Police Department Dispatcher within 15 minutes of the initial page. The employee on standby then has 45 minutes from the time of the page to respond to the call if the employee is located within 30 miles of the City Corporate Yard (or 60 minutes if outside of 30-mile distance.) 19 23
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H. All emergency and standby calls received by the Police Dispatcher are logged as to the time and nahire of the call and who was contacted to respond.
I. It is the individual standby employee's responsibility to be certain that the pager is fully operational by check of the self-test feature. The pager is to be in the possession of the standby employee with the volume set at the appropriate level to be heard from the time the standby shift begins until returning to work the following workday. The pager is to be off during regular work hours.
J. An employee who is assigned to standby and is actually called back to work will be paid one (1) two-hour minimum per call, pay for each call back except if call backs are not within the same initial two (2) hour period.
For calls within the same initial two (2) hour period actual time will be calculated and used for time over and above the two-hour period. Call back time begins when the employee leaves his/her home to report directly to work or, if not at home, at such time that he/she responds to the pager or call.
Example 1: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at 9 A.M. and finishes at 9:30 A.M. Employee would be entitled to two hours at time and one half their regular rate of pay (except on holidays, which are paid at 2'/! times the regular rate of pay).
Example 2: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at 9 A.M. and finishes at 11:30 A.M. Employee would be entitled to three and one half hours at time and one half their regular rate of pay (except on holidays, which are paid at 2'/! times the regular rate of pay).
Example 3: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at 1 P.M. and finishes at 1:30 P.M. Employee would be entitled to two call back payments of two hours each at time and one half their regular rate of pay (except on holidays, which are paid at 2'/! times the regular rate of pay).
K. All bargaining unit members living within the City limits will be allowed to drive the city service vehicle to and from work while on standby status.
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L. In the event an employee works over thirty two (32) hours within two (2) consecutive days (in accordance with Fair Labor Standards Act (FLSA) rules) or at the discretion of Director, the City will provide the employees with the option of overnight accommodations, or reimburse the employee for hotel accommodations within a five (5) mile radius up to one hundred and twenty-five dollars ($125.00) per night for hotel accommodations for those days worked.
SECTION 12 HEAVY EQUIPMENT OPERATOR PAY
A. Equipment Covered
The parties agree that the following list is defined as "Heavy Equipment" for the purposes of the additional compensation at the rates specified below for bargaining unit employees for the time spent operating the equipment. The list is including but is not limited to the following:
* GAPVAX Jetter Vacuum Truck(both operators to be compensated) * Backhoe(s)/Skiploader(s)
@ Boom Truck(s)
* Dump Truck(s)
* Sewer Jetter(s) (both operators to be compensated)
* Street Sweeper(s)
* HydroExcavator(s)
* Large Cranes
B. Compensation Rate
1. If the employee is in a classification lower than Grade 535, Equipment Operator they will receive the hourly pay for the step in Grade 535, Equipment Operator that corresponds to the step they are currently in.
For instance, if an employee is in Step C, he/she will receive the hourly rate for Step C in Grade 535, Equipment Operator, for the time actually spent operating heavy equipment.
2. If the employee is in a dassification that is in Grade 535, Equipment Operator or higher, they will receive a pay differential of five percent (5%) above the employee's pay grade. This category of employees will receive this five percent (5%) differential for the time actually spent operating the following Heavy Equipment only:
* GAPVAX - Jetter Vacuum Truck
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* Backhoe(s)/Skiploader(s)
@ Street Sweeper(s)
* Large Cranes
* Boom Truck(s)
* Dump Truck(s)
* Sewer Jetter(s)
@ HydroExcavator(s)
SECTION 13 COMMERCIAL DRIVER'S LICENSE
Any City employee who does not possess a Class B driver's license and who is required by his job description to obtain a Class B license shall be sent while on duty to a certified school, which shall be paid for by the City. The City shall, however, receive a credit for the cost of sending employees to driver's training against the individual educational reimbursement cap of each affected employee. An employee will be provided only one opportunity to attend driving school at City expense pursuant to this provision. Failure to timely obtain the required Class B Driver's license shall be deemed just cause for termination of employment. Within first six (6) months after adoption of a tentative agreement for a successor MOU, the City and Association representatives shall meet and confer to review which represented classifications should require a Class B Driver's license. During this review period, City shall not terminate any represented employee for not having a Class B Driver's license. Prior medical accommodations regarding having or not having Class B Driver's license will continue to be honored as long as accommodations remain authorized as required by law. 22 1(,,,
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ARTICLE III
FRINGE BENEFITS
SECTION I MEDICAL, DENT AL & VISION INSURANCE
A. MEDICAL INSURANCE
The City will pay insurance premiums which are equivalent to the rate for Kaiser-Region 3. Employees who select more expensive plans will be responsible for any difference in premiums. The City will provide an amount equal to the one-party Kaiser rate per month in deferred compensation to those employees who opt out of the City's medical insurance. Employees who have not opted out prior to July 1, 2022, or who were hired after July 1, 2022, and who opt out of the City's medical insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022, will continue to receive 100% of the premium amount.
Employees must show proof of alternate medical coverage on a yearly basis in order to receive payment provided herein.
The current Kaiser-Region 3 rate may be requested from the Persor'u"iel Office.
B. DENT AL INSURANCE
The City will:
a. Pay the maximum amount equivalent to the HMO Liberty Dental plan family coverage rate. Employees who select more expensive plans (PPOs), will be responsible for any difference in premiums. b. Provide an amount equal to the HMO Liberty Dental plan family coverage rate per month in deferred compensation to those employees who opt out of the City's dental insurance. Employees who have not opted out prior to July 1, 2022, or who were hired after July 1, 2022, and who opt out of the City's dental insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022, will continue to receive 100% of the premium amount. Employees must show proof of alternate dental insurance coverage on a yearly basis in order to receive the payment provided herein.
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C. VISION P[AN
The City agrees to contribute up to the monthly dollar amount equal to the Superior Vision plus family coverage rate toward vision plan coverage.
SECTION 2 LIFE INSURANCE
The City shall provide $50,000 of Life and Accidental Death and Dismemberment Insurance for all employees represented by the Association.
However, consistent with current industry standards, coverage will reduce to 65% at age 65, 40% at age 70, 25% at age 75 and 15% at age 80.
SECTION 3 VOLUNT ARY LIFE INSURANCE
Eligible employees will be offered the opportunity to purchase life insurance in addition to the life insurance paid for by the City. Currently the voluntary life coverage is provided by Principal, which establishes the terms and conditions regarding coverage. Employees who elect voluntary life coverage will be responsible for the cost of the premium. If, due to a change in insurance carrier or other reasons, any significant features of the Plan need to be changed, the City will meet and confer with the Association before the changes are implemented.
SECTION 4 RETIREMENT
A. The City offers a defined retirement benefit plan through the California Public Employees' Retirement System (CalPERS) and there are two (2) tiers depending on date of hire which define the various retirement levels for retirement formula, final compensation calculation and employee contribution/cost sharing as follows:
1. Tier 1: Employees hired prior to }anuary 1, 2013 or employees hired by the City on and after January 1, 2013 who are laterals from another CalPERS agency or an agency whose retirement system has reciprocity with CalPERS, within six (6) months.
The retirement formula is 2.7% at 55 years of age. Final compensation is calculated as the average of the single highest year based on the highest twelve (12) consecutive months.
Tier 1 Employees shall pay the full employee CalPERS contribution of eight percent (8%) of compensation.
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2. Tier 2: Employees hired on or after January 1, 2013 and who are defined by the Public Employees' Pension Reform Act (PEPRA) as "new members":
The retirement formula is two percent (2%) at 62 years of age. Final compensation is calculated using the highest average at"u"iual compensation over a thirty-six (36) consecutive month period.
Pursuant to PEPRA requirements, Employees in Tier 2 shall pay the full amount of the employee's normal cost of the benefits (i.e. one half normal cost), which amount is currently six point seven five percent (6.75%) of compensation.
The City will take such actions necessary to adopt and implement Internal Revenue Code Section 414(h)(2) to enable each employee to make their Employee Contributions, as specified in Article III, Section
4.A.I and 2. above, on a tax deferred basis. Should Federal or State law(s) or regulation(s) require the withholding of personal income taxes, the City will withhold such incomes taxes.
B. COST SHARING
Starting concurrently on the first day of the first full pay period of 2025, in exchange for an additional I.O% base pay increase, all "Classic" and "PEPRA" members shall contribute an additional 1% (for a total of 2%) towards the employer CalPERS contribution as cost sharing per Government Code section 20516, which shall be implemented by payroll deduction.
C. ADDITIONAL RETIREMENT BENEFITS
The following are benefits provided to the employees for retirement:
1, POST-RETIREMENT SURVIVOR BENEFIT - Provides that upon death of a member, after retirement, an allowance shall be continued to the surviving spouse.
2, POST-RETIREMENT SURVIVOR ALLOWANCE to Continue After Remarriage - Allows the survivor allowance to continue even though survivor of a retiree re-marries.
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3. CONTINUATION OF DEATH BENEFITS - After Remarriage - Provides that the Death Benefits being paid to a spouse of a member who died prior to retirement will be continued in full should the spouse remarry.
4. CALPERS-MISCELLANEOUS - The CalPERS miscellaneous contract shall include the following benefits to be paid by the City to CalPERS:
a. 1959 Survivor Benefit at Level 4 - Highest level of benefits than Basic or other levels of the benefit.
b. Military Service Credit
service.
Credit of maximum of four (4) years of
c. Unused Sick Leave Credit - Receive additional service credit at the rate of O.004 years of each day of sick leave.
D. RETIREE MEDICAL INSURANCE
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of the Tentative Agreement for this successor MOU and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars ($150) per month.
For those employees who after the adoption of the Tentative Agreement for this successor MOU retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, shall receive a medical insurance benefit not to exceed three hundred dollars ($300) per month.
This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for themself and their dependents, as currently provided at their own expense.
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The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.
SECTION 5 DEFERRED COMPENSATION
The City currently offers a deferred compensation plan to the employees and said plan offers a savings plan only. The City also offers to employees at their expense, a plan that provides multiple investment options. Open enrollment is on an on-going basis.
The City shall match one hundred percent (100%) of employee contributions toward deferred compensation plans up to a maximum of one hundred dollars ($100) per month. Eligibility is subject to the employee's execution and submission to the Human Resources and/or Payroll department of the proper paperwork.
SECTION 6 RISK MANAGEMENT & MEDICAL PROTECTION FOR COMMERCIAL [ICENSE OPERATORS
The City is concerned with safety, loss reduction, and increased productivity.
To address these issues, the City will meet periodically with the Association to discuss plans that will focus on issues such as, the non-use of sick leave, safe driving record, safety/loss recovery suggestion award program.
SECTION 7 PHYSICAL FITNESS
Each employee shall receive a membership at the South Gate Sports Center in the South Gate Park. The membership will be determined in the following manner:
Employees will receive at no cost a family membership, which includes membership for a spouse and dependent children, and access to the golf course and swimming pool. This membership includes free access to all Park facilities that are open to the publig but excludes City sponsored classes that require a fee. Employees and eligible family members must obtain the required identification cards.
Employees that retire from the City shall receive a lifetime membership to the Sports Center at South Gate Park which will provide access to the facility, as well as the golf course and swimming pool, for the retiree plus one guest upon issuance of the required identification card.
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SECTION 8 [ONG TERM DISABILITY
The City currently provides a Long-Term Disability Plan to employees by the City.
SECTION 9 FLEXIBLE SPENDING ACCOUNT DEPENDENT CARE TAX SAVINGS The City will pay the minimum per employee administrative fee required for a pre-tax flexible spending account for a medical and dependent childcare savings plan with employees making a contribution.
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ARTIC[E IV
LEAVE POLICIES
SECTION I HOLIDAY LEAVE
A. ENTITLEMENT
Employees who are on the payroll as of July 1st of each Fiscal Year shall be credited with appropriate Holiday Leave per SectionB (below).
Employees in the bargaining unit hired after the 1st of each Fiscal Year will be credited as of the date of hire with ten (10) hours of holiday leave for each designated holiday remaining in the Fiscal Year. Although holiday leave is credited, it is not considered earned until the day of the observed holiday.
Entitled employees may be absent from work but nevertheless receive compensation at the employee's then current rate of pay on either (a) the holidays designated below; or (b) days otherwise scheduled in advance and agreed upon between the employee's supervisor and the employee.
Entitled employees shall earn Holiday Leave in increments of ten (10) hours if the employee is working or on paid leave both as the holiday occurs during the calendar year, and at the commencement of the day following the designated holiday. Holiday leave time used shall be deducted from the hours credited in increments according to the employee work schedule.
City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal year. Any unused Holiday hours not used at the conclusion of the last full pay period of each fiscal year are deemed lost, and employees shall not receive compensation for any unused Holiday hours. If an employee attempted to use his/her Holiday hours by the end of the fiscal year and was denied the ability to use those hours, the employee may submit a memo no later than June 15'h prior to the end of the current fiscal year to his/her department head requesting to use those remaining holiday hours on specific dates on or before August 31"t of the next fiscal year. Such a request shall only be granted on the condition that the employee attempted to use those remaining holiday hour and was denied the ability to use the remaining holiday hours. 29SGMEA Successor MOU 2025-26
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B. HOLIDAY OBSERV ANCE/HOURS
Each fiscal year the City shall observe the following named Holidays:
New Year's Day
Martin Luther King's Birthday
President's Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
January 1st
Third Monday of January
Third Monday of February
Last Monday in March
Last Monday of May
July 4th
First Monday of September
Fourth Thursday of November
December 24th
December 25th
Each fiscal year, all employees shall receive 130 hours of paid Holiday Leave subject to "Section IA, Article IV." The City will observe the ten (10) days set forth above, plus thirty (30) additional hours each year. The thirty (30) additional hours will be applied to effectuate a full week of closure between Christmas and New Year's Day. In the event that less than thirty (30) hours is necessary to effectuate the full week of closure, the balance of the 30 hours will be observed as floating day(s).
The City will review the holidays above in April of each year and determine the date each holiday will be observed for the coming fiscal year, which shall be issued by the Persoru"iel Officer as the Ho7iday Sched'tde.
For employees in the classifications of Police Dispatcher, Police Records Specialist, and Civilian Custody Officer, who are scheduled to work on observed holidays shall take the holiday off at another date to be scheduled by the department as work schedules permit. Employees in these classifications required to work observed holidays, including during the designated/observed holiday closure period, shall earn time and one half their regular rate of pay for all hours worked on that day and defer any unused holiday hours to be used at a later time.
All other employees who work with regard to holidays are required to be off work on those observed holidays. Any such employee who works in a designated holiday shall earn his/her regular rate of pay and defer any unused holiday hours to be used at a later time; however, if the assignment to work on an observed holiday is approved by the appropriate department head to meet an urgent need of the City, then a non-exempt 30SGMEA Successor MOU 2025-26
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employee shall earn time and one half his/her regular rate of pay for all hours approved and defer any unused holiday hours to be used at a later time.
Holidays that fall on Friday or Saturday become floaters. Holidays that fall on Sunday are observed on Monday. If two-day holidays fall on Sunday/Monday, then holidays are observed Monday/Tuesday.
An employee shall not receive compensation for holidays that occur after his/her date of separation.
SECTION 2 VACATION
A. Each employee shall earn vacation in the following manner:
One (1) to four (4) years of service: 80 hours annually Five (5) to nine (9) years of service: 120 hours annually Ten (10) or more to years of service: 160 hours aru"iually Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours. If an employee's vacation accrual is at the maximum level, and the employee has requested vacation within the current notification requirements and been denied use of vacation time, Personnel shall direct that the specific loss of hours due to the denial of time-off request to be rolled over. The rollover will be calculated and accrued in a separate leave bank to be used within one (1) year. The employee shall demonstrate the denial of the time-off request.
Exceptions to vacation accrual limits will be considered on a case-by-case basis in those circumstances where it is not in the City's best interest to allow an employee to take vacation leave due to limitations such as lack of adequate staffing or time constrained projects.
B. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any SGMEA Successor MOU 2025-26 31
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distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.
SECTION 3 SICK LEAVE
A. ENTITLEMENT
Employees shall earn one hundred-twenty (120) hours of sick leave per year prorated by pay period. Annually, the City shall permit employees to utilize fifty (50) hours of their accrued sick leave as paid time off for reasons of personal business (not related to illness). These days shall not be regarded as "sick leave used" for any personnel purposes, including employee discipline, evaluations, promotions, assignments, etc. 1, ILLNESS OR INJURY LEAVE, NOTIFICATION AND
VERIFICATION PROCEDURE:
In the event of an absence due to illness or injury, employees must notify their department supervisor (or the supervisor's designee), prior to or at the beginning of their shift starting time. Employees who are incapacitated and cannot notify their department supervisor, must notify their supervisor at the earliest possible time and may have a spouse or other person contact their supervisor within the time limit specified above.
2. An employee that becomes ill or injured, while working on the job, must request their supervisor's approval to leave work. Those employees injured on the job must file a "First Report of Injury" form and receive authorization for medical treatment from their supervisor.
3. The notification to the department supervisor must include a reason for the absence that is in accordance with current law and an estimated return date. This information will be logged by the department for future reference.
4. Failure to notify the department supervisor, as stated in Notification Section 1, will result in the forfeiture of the sick leave for the period of absence and may result in disciplinary action.
5. All absences not due to illness or injury must be requested as noted in the appropriate leave sections.
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6. Verification - In the event that employees have, in their supervisor's sole opinion, an absenteeism problem, an excessive use of sick leave, or have a suspicious absence or group of absences, the supervisor may attempt to verify the absence or proper use of sick leave by any of the following:
a. Telephoning the employee at home (or appropriate location). b. Visiting employee at home.
c. A sub-rosa investigation.
d. A medical evaluation at the City's expense, or e. A medical evaluation at the employee's expense. (A licensed physician must complete the medical evaluation which must include the reason for the absence and permission to return to work).
7. Where an excessive absenteeism pattern has been established without clear justification for said leave, a supervisor may schedule a counseling session to determine the reasons or justification for the excessive use. The counseling session shall be conducted by the Personnel Officer and other attendees of the session shall include the employee, a representative chosen by the employee, if any, and the department representatives. This session shall be documented by a written summary of the abuse problems and discussion. The summary shall be issued by the Personnel Officer and a copy distributed to attendees of the session and to the affected employee's Personnel file.
8. The purpose of the counseling session is to improve the employee's attendance and/or warn the employee about the consequences of continued abuse. If there is a specific abuse that warrants discipline, or if the above counseling session does not correct abuses, then action will be taken to correct the abuse problem through the discipline process (Section 11, Civil Service Rules and Regulations).
B. SICK [EAVE ADV ANCES
The City will not provide advances in sick leave when an employee has depleted their sick leave balances.
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C. SICK LEAVE PAYOFF
1. Employees hired before January 1, 1993, have unlimited sick leave accrual and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.
2. Employees hired on or after January 1, 1993, have a cap on sick leave cash-out of six hundred hours (600) hours and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.
3. Employees hired on or after July 1, 2022 shall not be entitled to sick leave cash-out upon separation. Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed, or not, by the City's CalPERS contract.
4. Accumulated unused sick leave shall be paid off based on the following formula:
a. 15-19 years of service -
50% reimbursement of eligible unused sick leave.
b. 20 years or more of service -
75% reimbursement of eligible unused sick leave.
5. The employee will receive payment in a lump sum in the next payroll period after separation at employee's base rate of pay.
SECTION 4 PAY FOR JURY DUTY
A. JURY DUTY SERVICE
All employees who are called for Jury Duty shall be entitled to a maximum of ten (10) days at full salary. Employees are obligated to inform the Judge/ Court that City policy is to only pay ten (10) days of service. Should an employee, through no fault of their own, be required to serve beyond ten (10) days, the employee will receive full salary for Jury Duty service up to an additional twenty (20) days.
Exceptions may be made to this policy by the City Manager in very unusual circumstances.
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B. ATTENDANCE
1. A record of attendance from the Court is required and shall be turned in weekly for payroll purposes. Such record is available from the Court Administrator's office. Employees on shifts other than the normal shift shall have off the equivalent time to actual jury service plus reasonable travel time to and from their places of residence; likewise, employees on the regular work shift, who serve on night court juries will have off the actual time of service plus reasonable travel time to and from their places of residence.
2. Employees who serve on jury duty for partial days are expected to report to work if they are released from jury duty within a reasonable amount of time to report back to work (e.g. an employee on day shift serving on South Gate Court duty would be expected to return to work if excused prior to or at 4:00 P.M. However, an employee serving on jury duty for example, in downtown Los Angeles excused at 4:00 P.M. would not be expected to return to work that day). If the option for call- in service is available and workable (the court is within thirty (30) minutes travel time of South Gate), an employee should request call-in status.
SECTION 5 UNP AID LEAVE
A. LEAVE WITHOUT PAY
A leave of absence without pay, up to ninety (90) calendar days in any calendar year, may be granted upon the approval of the Department Head and the Personnel Officer. Leaves of absence in excess of ninety (90) calendar days must be approved by the Personnel Officer, provided, however, that for leaves of absence other than for illness or injury during any three (3) calendar year period shall not exceed one hundred eighty (180) calendar days. In the case of a bona fide illness or injury, a medical leave may be granted up to a maximum of one (1) year upon the approval of the Department Head and the Personnel Officer. In the event that an employee has no eligible leave to cover an absence from work, authorized or unauthorized, the Department Head and the Persoru"iel Officer may approve the short-term leave with due consideration of the employee's work record (with possible counseling or discipline considerations). All applications for leaves of absence without pay shall be submitted to the Personnel Officer on a Personnel Transaction Form. The City shall have SGMEA Successor MOU 2025-26 35
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sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.
B. CAT ASTROPHIC ILLNESS/INJURY
If an employee is diagnosed by a qualified Doctor of Medicine to have a catastrophic illness (in a state of total disability from cancer, heart attack, AIDS, etc.) or has a catastrophic injury (an injury that totally disables an employee for an extended period of time), the employee may be entitled to extended health benefit coverage (Medical, Dental, & Life Insurance.) provided by the City (in the same fashion normally provided to the employee). This benefit requires the approval of the Department Head and Personnel Officer, and is applicable when the employee's leave benefits are exhausted, under the following formula:
SECTION 6
Years of Full-Time City
After (2) years
After (4) years
After (7) years
After (10) years
MATERNITY LEAVE
Months of Continued Coverage
3 months
6 months
9 months
12 months
The application of the maternity leave policy is subject to applicable State and Federal laws. The employee may use accrued paid or unpaid leave as appropriate.
SECTION 7 FAMILY MEDICA[ LEAVE ACT
Pursuant to State & Federal law, the City will provide family and medical care leave to eligible employees. The following provisions set forth employees' rights and obligations with respect to sick leave. Rights and obligations which are not specifically set forth below are set in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "Leave" under this provision shall mean leave pursuant to the FMLA and CFRA.
A. Amount of Leave Eligible employees are entitled to a total of 480 hours of leave during any 12-month period. An employee's entitlement to leave for 36 LIO
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the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.
B. The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12- month period to determine how much leave have been used in determining how much leave a member is entitled to.
C. Use of Accrued Leaves While on Leave - If a member requests leave for any reasons permitted under the law, that person must exhaust all accrued leaves in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave.
SECTION 8 BEREAVEMENT
The term "immediate family" is defined as the spouse, domestic partner, children, father, father-in-law, mother, mother-in-law, brother, brother-in- law, sister, sister-in-law, stepchildren, stepparents, foster children, foster parents, grandparents, or grandchildren of the employee, or other person, as approved by the City Manager or their designee.
A. WITHIN THE ST ATE
Upon the death of the immediate family, within the state, the employee shall have thirty (30) hours leave, not chargeable to any other leave, when employee travels within the state. Employees who travel within the state may take an additional forty (40) hours of leave chargeable to sick leave.
B. OUT OF ST ATE
Upon the death of immediate family out of state, the employee shall have forty (40) hours leave, not chargeable to any other leave, when employee travels out of state. Employees whose bereavement requires travel out of state may take an additional thirty (30) hours leave chargeable to sick leave.
SECTION 9 JOB RE[ATED INJURY OR ILLNESS
In the event of an absence due to a job-related injury or illness, any employee who is entitled to disability payments under Workers' Compensation laws shall receive from the City the difference between such disability payments 37SGMEA Successor MOU 2025-26
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and his/her full salary for the period of absence up to a maximum of four hundred eighty (480) hours shall not be deducted from accumulated sick leave. However, any relapse at a later date shall not be compensable under this provision, although the same may be chargeable against accumulated, unused sick leave, if any.
SECTION 10 MILIT ARY LEAVE
Military leave is restricted to normally require active duty and does not apply to such matters as weekend drills, etc. Leaves of absence for active military training, service, or other active duty obligations shall be granted in accordance with California and Federal law.
Compensation, reemployment, seniority and other rights and privileges shall be governed by applicable laws. In order to verify the rights to such leave, the employee shall cause a copy of his/her orders to and from military duty and relief therefrom to be filed with City's Personnel Officer. Military leave is recorded on the employee's time sheet and approved by the Department Head Employees are entitled to receive a maximum of eighty (80) hours of paid leave per fiscal year for annual military training. Employees are entitled to receive up to an additional thirty (30) days (300 hours) of paid military leave if they are called to active duty (other than annual training) in the National Guard or one of the branches of the U.S. Military.
SECTION II COMPENSATORY TIME LEAVE
Employees may accrue up to 180 hours of Compensatory Time Leave at any one time. Accrued, unused Compensatory Time Leave shall be cashed-out at an employee's regular rate of pay in the last pay period in June each year. 38 'f>
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ARTICLE V
DISCIPLINE & GRIEV ANCE PROCEDURES
SECTION I DISCIPLINE PROCEDURE
A. The Personnel Officer or appropriate appointing authority may take disciplinary action for cause against an employee and within a reasonable period of time after the alleged wrongdoing by the employee. Discipline shall be administered according to progressive discipline principles.
Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/Warning before the City proceeds to more severe discipline such as suspension, reduction in pay, demotion or discharge.
City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certpin alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action. The term "disciplinary action," shall be limited in meaning to any of the following:
1. DEMOTION, DISCHARGE, OR REDUCTION IN SALARY
Such disciplinary action may take the form of discharge, reduction in salary, or a demotion where there is a vacancy in the same classification series at a lower level within the department.
2. SUSPENSION
An appointing authority may suspend an employee for one or more of the causes for discipline specified in these rules for a period of up to thirty (30) days.
3. REPRIMAND/WARNINGS
A written reprimand or written warning is part of the disciplinary process when an action or series of actions by an employee does not warrant discipline, as noted in Article V, Section IB. (Notice of Disciplinary Action); however, it does warrant written notification for corrective purposes A Supervisor (or appropriate management 39 €4>
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personnel) may issue a written reprimand or written warning to an employee for one or more of the causes for discipline specified in the applicable personnel rules. The issuing authority shall include in the document a "sunset" clause (removal date from personnel file) of eighteen (18) months. Removal of the document shall be subject to the Department Head's sole discretion based upon if the employee's subsequent work record justifies removal, the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee personnel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Persoru"iel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to grievance and/or any appeal.
THE WRITTEN REPRIMAND OR WARNING SHA[L ONLY BE
REVIEWED AS FOLLOWS:
a. After receipt of written reprimand or written warning, the employee may request a review of said document to issuing authority within ten (10) working days. Said review may include an oral response and/or written response. The issuing authority's decision may be to rescind the document, to modify the document with no change in content. The employee shall be notified, orally or in writing, of the decision of the issuing authority. b. The employee may request said decision be reviewed by the Department Head, if applicable, within ten (10) days after said notification. The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action). c. The employee may request that the above decision be reviewed by the Personnel Officer, within ten (10) days after said notification.
The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action). The decision of the Personnel Officer shall be final with no further review of the reprimand or warning.
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B, NOTICE OF DISCIPLINARY ACTION
At any time any disciplinary action is proposed to be taken against any classified employee, they shall be served with written notice at least ten (10) working days prior to the effective date of the proposed disciplinary action, either personally or by certified mail. Said notice shall state the proposed action, the effective date if implemented, the reasons therefore, a copy of the charges and materials upon which the proposed action is b ased, and a copy of Article V of this Agreement. In termination cases, the concerned employee may be suspended from duty, at full pay, from the time notice is served until the effective date of termination. 1, SKELLY PROCEEDING
Prior to implementing the disciplinary action, a Skelly proceeding will take place to allow the employee an opportunity to respond to the proposed discipline and charges, either orally or in writing, or both.
The results of the proceeding may initially be given to the employee orally; however, a written decision will be issued within ten (10) working days of the proceeding
C. APPEA[ OF THE DISCIPLINARY ACTION
1. APPEAL TO PERSONNEL OFFICER
A classified employee may file with the Personnel Officer, in writing, an appeal to the disciplinary action and charges. Said appeal shall be filed with the Personnel Officer not more than ten (10) working days after receiving the discipline, or the written results of the Skelly Proceeding referenced in ArticleV, Section IB(I) (Notice of Disciplinary Action/Skelly Proceeding), whichever is later.
The parties shall retain the services of an Administrative Law Judge (ALJ) through the Office of Administrative Hearings (OAH) to conduct the disciplinary appeal and provide an advisory written decision, as described below.
a. HEARING AN APPEAL
Within six (6) weeks of receipt of an appeal (referred to above), the ALJ shall hold a hearing and shall direct the Personnel Officer to notify those whose presence is required. The appellant shall be 41 L/'5
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entitled to appear personally and to have counsel and they shall be notified in writing of the time and place of meeting. The ALJ may proceed informally, and the rules of evidence shall not apply. b. PUBLIC HEARINGS
The fact-finding aspect of the ALJ hearings shall be open to the public. The deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. c. FAILURE OF AN APPELLANT TO APPEAR
Failure of an appellant or their counsel to appear at the hearing shall be deemed to be a withdrawal of their appeal and the action of the appointing authority shall be final.
d. CONDUCT OF HEARINGS
The ALJ shall convene the hearing, declare adjournments, recesses and continuances, shall maintain good order and shall call upon the parties to present witnesses, argument and other matters in the normal course of proceedings The ALJ shall rule upon all objections, procedural motions and other matters which may come before the ALJ. At the conclusion of the hearing, after all evidence and arguments have been presented, the matter shall be deemed submitted to the ALJ for decision. The ALJ shall determine whether to affirm, reverse or modify the disciplinary action taken. e. CITY COUNCIL REVIEW
The findings of fact and conclusions of law submitted by the ALJ shall be delivered to the employee (or their representative or legal counsel), the Department Head of the employee's department (or legal counsel), the City Council, the City Manager, the City Attorney and the Personnel Officer. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.
f. COSTS
The City and the Association shall share the costs of using the ALJ and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that 42SGMEA Successor MOU 2025-26
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the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALJ of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALJ fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other representation costs. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALJ under the same rules stated herein. g. GENERAL DEFINITIONS
1. WORKING DAYS
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.
2. TIME LIMITS
The failure to submit an appeal within the time limits specified in the various steps provided above shall result in the settlement of the discipline appeal in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer or Administrative Law Judge. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative.
3. PROCEDURAL EXTENSIONS
The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.
4. EMPLOYEE REPRESENT ATIVE
The employee "representative" referred to herein above may be an employee of the City.
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SECTION 2 GRIEV ANCE PROCEDURE
A. SCOPE
This Grievance Procedure shall be the exclusive means for resolving all grievances as that term is defined hereinabove except that the following disputes shall not be subject to the provisions thereof:
1. Any dispute arising out of or in connection with meeting and conferring pursuant to Resolution No. 3674.
2. Any dispute arising in or from, or involving a strike, work stoppage or cessation of work in any form by employees of the City.
3. Any appeal concerning disciplinary action affecting any employee (See, Article V, Section 1- Discipline and Grievance Procedure).
B. PROCEDURE
STEP I A grievance may be initiated in this Step 1 by an employee or group of employees by presenting the grievance orally to the immediate supervisor of the employee or employees involved. The grievance must be submitted to said supervisor within fifteen (15) working days following the occurrence of the event upon which the grievance is based. The supervisor will give an oral answer to the employee or employees involved within no more than fifteen (15) working days after the grievance was orally presented.
STEP 2 If the grievance remains unresolved after Step 1, the grievance may be moved to Step 2 by submitting the same to the Department Head. The grievance shall be submitted in writing on a form supplied by the City. The grievance must be submitted in Step 2 no later than ten (10) working days after the answer in Step I has been received or the time for such answer has expired. Within no more than ten (10) working days after receipt of grievance, a meeting will be held with the Department Head and the employee or employees involved. A representative of the employee or employees may be present if requested. Grievances submitted in Step 2 shall be answered in writing within ten (10) working days of said meeting.
STEP 3 If the grievance remains unresolved after Step 2, the grievance shall be moved immediately by the Department Head or the employee 44 L{%
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or employees involved to Step 3 by submitting a copy of the written form provided in Step 2 to the Personnel Officer. a. Within no more than ten (10) working days after receipt of the written grievance, a meeting shall be scheduled between the Personnel Officer and the employee or employees involved. A representative of the employee or employees may be present if requested.
b. Grievances involving a dispute between the City and a Recognized Employee Organization may be initiated in this Step by either party in said written form within ten (10) working days of the occurrence of the event giving rise to the grievance. In that event, a meeting shall be scheduled within ten (10) working days of receipt of said written grievance between no more than two (2) designated representatives of the City and two (2) of the Recognized Employee Organization. In addition, the employee or employees involved, if any, the Department Head, and the immediate supervisor shall be entitled to be present at the meeting,
c. Grievances submitted in Step 3 shall be answered by the Personnel Officer in writing within ten (10) working days of said meeting(s).
STEP 4 If the dispute remains unresolved after Step 3, the aggrieved party can request review by an Administrative Law Judge. Such a request must be submitted in writing to the Personnel Officer within ten (10) working days after the answer in Step 3 has been received or the time for such answer has expired. The request for review shall be made on a form supplied by the City.
The City and the Association shall retain the services of an Administrative Law Judge through the Office of Administrative Hearings and shall share the costs of using the Administrative Law Judge and Office of Administrative Hearings equally, with each side paying their share as and when required by the neutral, third- party or the Office of Administrative Hearings. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 45 't'f
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decision of the Personnel Officer shall be final and binding on the matter,
Within thirty (30) calendar days after the receipt of a request for review, the Administrative Law Judge shall hold a hearing. The Personnel Officer shall notify the aggrieved party of the date, time and place of the hearing. The aggrieved parFy has the right to appear personally and to have counsel appear on its behalf. The hearing shall be conducted pursuant to Article V, Section 1, Subsection d (Conduct of Hearings), above.
The fact-finding aspect of the Administrative Law Judge hearings shall be open to the public, the deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.
If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the Administrative Law Judge under the same rules stated herein.
C. REVIEW BY CITY COUNCIL
The advisory decision of the Administrative Law Judge shall be final and binding unless within thirty (30) calendar days thereafter a request for review by the City Council is filed with the Personnel Officer, or the City Council, on its own motion, requests review thereof within said period.
D. GENERAL DEFINITIONS
1. EMPLOYEE REPRESENT ATIVE
The employee "representative" referred to in Steps 2 and 3 above may be an employee of the City.
2. GRIEV ANCE DEFINED
"Grievance" means any dispute or difference between the City and any employee or group of employees, concerning the interpretation or application of any written City ordinance, resolution, rule, policy, practice or procedure governing the wages, hours and working conditions of City employees. The term "grievance" also includes any 46 50
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dispute or difference between the City and a recognized employee organization concerning the interpretation or application of any exishng memorandum of understanding between the City and said recognized employee organization.
3. PROCEDURAL EXTENSIONS
The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.
4. TIME LIMITS
The failure to submit a grievance within the time limits specified in the various steps provided above shall result in the settlement of the grievance in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer of Civil Service Commission. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative.
5. WORKING DAYS
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00h.m.to 6:00 P.M., excluding Holidays.
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ARTICLE VI
IMPLEMENT ATION OF
MEMORANDUM OF UNDERST ANDING
SECTION I WAGE RIGHTS
A. The Association promises and warrants, that upon acceptance of the aforementioned recommendations of the City's Representatives Designee by the City Council, its members will provide service to the City upon the terms and conditions herein stated.
B. Subject to the provisions of this Agreement, the parties hereto do hereby agree and acknowledge that the City shall retain all its usual rights and responsibilities.
1. It is understood and agreed that this Memorandum of Understanding is subject to all present and future applicable Federal or State wage and salary control laws and regulations as well as all other applicable Federal and State laws or regulations. If any part of this Memorandum is in conflict or inconsistentwith such applicable provisions of Federal or State laws or regulations or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this Memorandum of Understanding shall remain in full force and effect.
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ARTICLE VII
LAYOFFS
For the purposes of this Article "business day" is defined as the normal operating days for personnel, currently Monday through Thursday.
A. The City Council or City Manager may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give employees covered by this MOU not less than fifteen (15) business days advance notice of lay-off and the reason therefore. However, no full- time employee shall be separated from a department while regular part- time, or hourly employees are serving in the same positions in the department. The conditions of lay-off shall be as follows:
Order of Separation
The principal criterion used in determining the order of separation and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, ability and qualifications to perform the job. Furthermore, seniority shall govern unless the following criteria show that ability, merit, and records of the employees considered for lay-off are not equal:
1) Employee's last four (4) performance evaluations rating, if in existence. 2) History of employee written disciplinary actions. 3) Attendance record tardiness, and unexcused absences. 4) In the event the less senior employee in the position in the class to be laid off has superior skills, ability, qualifications, merit and record, as determined in the above manner, then the more senior employee shall be laid-off.
The City shall have the burden of establishing the above criteria.
B. Bumping Rights
The employee laid-off shall be entitled to bump to the position in a class in which they currently or formerly held a permanent appointment and in which there is an employee with less seniority in the class, if physically 49SGMEA Successor MOU 2025-26
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and mentally able to perform the duties of the former class. After the City has notified the affected employee and also the position available to the employee, if any, to bump, they must notify the Personnel Officer of their intent to exercise the bumping rights within fourteen (14) business days of the position, and classification in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as laid- off for the same reason as the person who bumped him/her and shall in the same manner be eligible to bump to a position in a class within the City in which they formally had a permanent position.
C. Appointment of Laid-Off Employees to Lower Class The City Manager may approve the appointment of an employee who is to be laid-off to an existing vacancy in a lower class for which they are qualified without requiring an examination, provided the appropriate appointing authority so appoints.
D. Applicability
These provisions shall apply to all classified positions, including regular part-time positions to the extent any regular part-time positions are covered by this MOU, but shall not apply to unclassified, probationary, hourly, and temporary positions.
E. Lay-off List
The lay-off list shall consist of those employees laid-off in the classification ranked in order of seniority. If there is a classification of a lower rank in the same classification series as the position from which the employee was laid-off, that employee's name shall be placed on the lay-off list for each such lower ranked classification.
A laid-off employee shall retain re-employment rights to the classification from which they were laid-off irrespective of their acceptance of reemployment at a lesser rank.
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F. No Probation and Evaluation of Bumped Employee Employees who bump or are bumped shall not be required to serve a probationary period and shall be evaluated using the same criteria and process as other fully vested and tenured employees.
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ARTICLE VIII
REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS
Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees.
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ARTICLE IX
FULL UNDERST ANDING
This MOU is the result of a joint effort by the Association and the City to capture all past agreements between the parties that are still applicable and active. If an issue or practice is included in this MOU, the language of this MOU is controlling. If an issue or practice is not included in this MOU and there is a clear practice or a current written practice, such as the City's Salary Resolution, covering the issue, the past practice or written practice will be controlling.
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ARTICLE X
REOPENERS
The parties do specifically agree to reopen the meet and confer process during the term of this MOU only with regards to the following issues. These reopeners are not contingent upon the execution of any successor MOU and no successor MOU is contingent upon agreement on these reopeners.
1. FLSA Implementation: Implementation of the change from exempt status to non- exempt status, or vice-versa, for affected SGMEA members, including but not limited to related issues of overtime calculations and right to administrative leave for the affected employees.
2. Dental/Vision/Life Insurance/Voluntary Insurances/Section 125 Program: Change of providers for these particular employee benefits and to meet and confer over the effects of any change in providers or related plans.
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Memorandum of Understanding between the City of South Gate and the South Gate Municipal Employees Association
-Signature page-
The City and the Association acknowledge that this Agreement is entered iitto as of the day of September 2025 and is subject to it being executed by authorized representatives.
CITY OF SOUTH GATE:
Maria Davila, Mayor
Date:
ATTEST:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
ul F. Salinas, City Attorney
SOUTH GATE MUNICIPAL
EMPLOYEES' ASSOCIATION:
By: &5dent
Date qMDo>
Francisco Robles, Vice President
Date ((-ff 2d!r
Robert Feria, Chief Negotiator, SEIU 721
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Attachment C
Contract No.
MEMORANDUM OF UNDERST ANDING
BETWEEN THE
CITY OF SOUTH GATE
AND THE
SOUTH GATE
PROFESSIONAL MID-MANAGEMENT
ASSOCIATION
JULY 1, 2025 JUNE 30, 2026
/,n
212
CONTENTS
ARTICLE I GENERAL PROVISIONS 4
SECTION I RECOGNn'ION .4
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS .........................4 SECTION 3 NON-DISCRIMINATION 4
SECTION 4 DURATION
SECTION5 DUESDEDUCTION. 5-6
SECTION 6 CONTRACTING OUT SERVICES 6-7
SECTION 7 DRESS CODE 7
SECTION8 ASSOCIATIONBUSINESS 7
SECTION 9 USE OF CrI'Y FACILITIES 7
SECTION 10 LABOR MANAGEMENT COMMITTEE 7-8
SECTION 11 EMPLOYEE HANDBOOK . 8-9
SECTION 12 PROBATION.. 8
SECTION 13 MAINTENANCE OF BENEFITS. io
SECTION 14 ELECTRONIC CHECK DEPOSn' .10
SECTION 15 SUBST ANCE ABUSE POLICY .10
SECTION 16 SMOKE FREE POLICY .10
SECTION 17 TRAINING STANDARDS FOR EMPLOYEES WHO
SUPERVISE .10
SECTION 18 NEGOTIATIONS 10
SECTION 19 WORK SCHEDULES. 11
SECTION 20 ASSOCIATION ACCESS TO NEW EMPtOYEE
ORIENT ATIONS AND INFORMATION . .11
SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF
OFFICIAL DOCUMENTS
SECTION 22 SUCCESSOR MOU NEGOTIATIONS
ARTICLE II SALARY & ALI,OWANCES 13
SECTION I PAY INCREASES IMPLEMENTATION 13
I
//71
213
CONTENTS (cont.)
SECTION 2 WAGES. .. .. . . .. .. . .. ... ... .. . . ... .....13 SECTION 3 LONGEVITY PAY.. ... ,,,, ,,,, ,, ,, ,,,,,,,,,,,, ,, 13 SECTION 4 MERIT BASED STEP INCREASE .. . .. .. ....... . .. ... . 13-14 SECTION 5 ACTING PAY . . . .. ... . .... .. ... . . .. ...... .... 14-15 SECTION 6 EDUCATIONAL REIIMBURSEMENT . . ...... .. .. .... 16 SECTION 7 EDUCATION INCENTIVE PAY .. .. .. ... . ... ... 16 SECTION 8 MILEAGE AL'LOWANCE . .... . ... . .. . . .. .. 16 SECTION 9 BILINGUAL PAY. . .,,,,,.. , ,,, , ,,, ,, , , , 1618 SECTION 10 TECHNOLOGY ALLOWANCE . .. . .. .. .. .. 18 SECTION II OVERTIME (NON-EXEMPT EMPLOYEES). ....... .... . 18-19 ARTICLEIII FRINGEBENEFITS ..20
SECTION I MEDICAL, DENT AL & VISION INSURANCE ........................... 20-21 SECTION 2 LIFE INS[mANCE .... . . .. ... .. .. .. . .. . .21 SECTION 3 VOLUNTARY LIFE INSURANCE . .. . ... .. . ... .. .....21 SECTION 4 RETIREMENT
SECTION 5 DEFERRED COMPENSATION
SECTION 6 RISK MANAGEMENT
SECTION 7 PHYSICAL FITNESS
SECTION 8 LONG TERM DISABILITY
SECTION 9 FSA DEPENDENT CARE TAX SAVINGS .
ARTICLE IV LEAVE POLICIES
SECTION I HOLIDAY LEAVE
SECTION 2 V ACATION
SECTION 3 SICK LEAVE
SECTION 4 PAY FOR JURY DUTY
SECTION 5 UNP AID LEAVE
SECTION 6 MATERNn'Y LEAVE.
SECTION 7 FAMILY MEDICAL LEAVE ACT
SECTION 8 BEREAVEMENT
. 21-24
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.24
24-25
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.25
..26
26-28
. 28-29
29-31
..32
32-33
..34
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CONTENTS (cont.)
SECTION 9 JOB RELATED IN)lJRY OR ILLNESS
SECTION 10 MILITARY LEAVE
SECTION II ADMINISTRATIVE LEAVE ..
SECTION 12 SPECIAL ADMINISTRATIVE LEAVE .
ARTICLE V DISCIPLINE & GRIEV ANCE PROCEDURES
SECTION 1 DISCIPLINE PROCEDURE
SECTION 2 GRIEVANCE PROCEDURE..
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..36
36-37
.38
38-43
43-46
ARTICLE VI IMP'LEMENT ATION OF MEMORANDUM OF
UNDERSTANDING 47
SECTION I WAGE RIGHTS . ... .. .. .. . . ... . . . . ... 47 ARTICLEVIILAYOFFS 48-50
ARTICLE VIII REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS...........51 ARTICLE IX FUL[ UNDERST ANDING .52
ARTIC[EX REOPENERS .53
SECTION 1 COMMERCIAL LICENSE OPERATORS . . . . . . . .53 SECTION2 UPDATINGPOLICIES .... .. 53
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ARTICLE I
GENERAL PROVISIONS
SECTION I RECOGNITION
The South Gate Professional Mid-Management Association [affiliated and represented by the Service Employees International Union, Local 7211, hereinafter called the "Association" or "SGPMMA," is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit described in Section 8.2.4 of the City's Employer-Employee Relations Resolution (Resolution No. 4508) as: "All Professional and Management employees in Building, Community Development, Finance, Parks and Recreation, Police and Public Works Departments, defined as management employees assigned to the '600' Series salary range, and excluding the positions listed in section 8.2.7" of Resolution No. 4508.
The employee unit also includes members in the Executive ASSiStant job series.
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
It is the intent of the City and the Association that this successor MOU supersede all previous MOUs, agreements, side letters or understandings either written or oral, and contains the entire understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.
SECTION 3 NON-DISCRIMINATION
The City and the Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, political beliefs and affiliations, or union affiliation of any person or for any other reason prohibited by law.
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SECTION 4 DURATION
This MOU shall cover the period from July 1, 2025, through June 30, 2026, and shall supersede the SGPMMA MOU of 2024 - 2025. This successor MOU shall become effective only after ratification by the members of the Association and after the first full pay period after adoption by the City Council of the City of South Gate.
SECTION 5 DUES DEDUCTION
A. Automatic Payroll Deduction.
The City will continue automatic payroll deduction for the collection of Association dues throughout the term of this MOU. The Association may request in writing that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association, from the salary or wages of members of the Association. The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association shall also provide the certification of the membership list for deduction purposes to the City on an annual basis or more often as needed. Accordingly, the Association dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary or wages of each employee whose name is provided in writing by the Association.
The City shall provide for payroll deductions on each payroll period (twenty-six times per calendar year). The City shall remit the total amount of deductions to the Association within thirty (30) calendar days of the date of the deduction. Any changes in the Association dues must be given to the City a minimum of thirty (30) calendar days prior to the change to accommodate changes to payroll. Membership within and/or payment of any dues or fees to the Association shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining the Association.
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The Association shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) working days, then the City shall be relieved of any further responsibility.
The Association shall indemnify, defend, and hold harmless the City for:
(i) any claims made by an individual employee relating to deductions made in reliance upon any certification from the Association, and (ii) any liability arising from any claims, demands, or other action relating to the City's compliance with this Section relating to maintenance of membership. However, the Association shall not indemnify, defend, or hold harmless the City for its own errors in administering the dues deductions on behalf of the Association. Any claims, demands, disputes arising from the application or interpretation of this Section shall be filed directly with the Association and shall not be subject to the City's grievance procedures.
B. "COPE" Contribution.
Association members may voluntarily authorize in writing a Committee on Political Education (COPE) deduction from their salary. Employees wishing to participate shall provide written authorization on a form furnished by the Association indicating the amount to be deducted. The parties agree that an employee may revoke any such deduction at any time. The parties further agree that neither the Association nor the City will bestow any special benefit or cause any detriment as a result of an employee's voluntary choice to make, decline to make, or revoke contribution.
SECTION 6 CONTRACTING OUT SERVICES
The City retains the right to contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting out wherever possible, but the parties' understand that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision making authority 6 218
regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months pay in addition to the normal termination benefits applicable to other employees covered by this MOU.
SECTION 7 DRESS CODE
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.
SECTION 8 ASSOCIATION BUSINESS
Elected Association stewards and officials will be provided a reasonable amount of time during normal working hours to conduct official union business. This time will be recorded in accordance with City policy.
Time spent on official Association business will not disrupt critical work schedules. Disputes about this policy will be resolved through good faith discussions between the City and the Association and will not be subject to the grievance procedure.
The City agrees to provide two (2) days of release time with pay per year for each of two (2) Board Members or Board's designee/s to attend conferences or other activities as set by the Association.
SECTION 9 USE OF CITY FACILITIES
The City agrees that the Association may use City facilities to conduct meetings, provided that advance notice is given to the City, proper reservations are made for the use of the facilities to ensure availability and prevent scheduling conflicts, and that such use does not interfere with the normal business operations of the City.
SECTION 10 LABOR MANAGEMENT COMMITTEE
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall be to discuss issues of interest to the unit members, issues of interest to management and ISSUES of mutual 7 219
interest. The party calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other party supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources. The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.
SECTION II EMPLOYEE HANDBOOK
The Employee Handbook will be updated periodically and will be available in electronic form and subject to meet and confer on matters within the scope of employment.
SECTION 12 PROBATION
A. All new Association represented employees, including classifications working in the City's Police Department, are required to complete a probationary period of one (1) year, which is considered to be an extension of the examination process and an opportunity for the newly placed employee to demonstrate abilities and skills necessary for successful work performance in the particular classification and position. Employees on probation will receive a step raise the first full pay period after successfully completing their probationary period.
B. Any appointment to a position from an eligibility list is subject to a probationary period of one (1) year equivalent to a total of 2,080 actual work time hours including earned Holiday Leave before an appointee acquires a permanent status in the new position.
C. Evaluations shall be done at six (6) months and twelve (12) months.
Two weeks prior to the end of the probationary period, the Department Head shall forward the probationary employee's Performance Appraisal to the Personnel Officer recommending that the employee be given permanent status if their service has been 8 220
satisfactory, recommending an extension of the probationary period, or recommending that the employee be terminated. The initial probationary period may be extended six (6) months at the discretion of the Department Head in documented cases where work performance cannot be fully evaluated within the initial one (1) year probationary period.
D. If an employee is not timely evaluated on or before twelve (12) months after hire, then their probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend probation by a set period of time. No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Personnel Officer can result in permanent status in the position. However, if the City does not complete the final evaluation of new hire appointments within sixty (60) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation. If the City does not complete the final evaluation of promotional appointments within fifteen (15) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation.
E. An employee may be removed by the appointing authority at any time during the probationary period by submission of a termination notice to the Personnel Officer, and the same shall not be subject to review by an Administrative Law Judge or the City Council. The Persor'u"iel Officer may restore any employee so terminated to the eligible list from which they were removed if there appears to be adequate basis for anticipating the employee might render satisfactory service in another department. When a present employee with permanent status accepts probationary appointment in a new classification, whether or not promotional, that employee retains the right to return to the position vacated.
F. After completing probation, each employee shall receive an annual performance review which shall be due on the anniversary of the date that they passed probation in their current position. 9 221
SECTION 13 MAINTENANCE OF BENEFITS
All existing wages, hours, and other terms and conditions of employment presently enjoyed by Association members shall remain in full force and effect for the duration of the term of this MOU, except as specifically modified by the provisions herein or by mutual written agreement of the parties.
SECTION 14 ELECTRONIC CHECK DEPOSIT
The City will continue to provide an electronic check deposit program.
SECTION 15 SUBST ANCE ABUSE POLICY
The City and the Association agree that it is appropriate to provide a drug free workplace through the establishment of policies and procedures which clearly prohibit the use of alcohol and other drugs and their influence on the job. The Association will cooperate with the City in implementing its Drug and Alcohol Abuse Policy. The City agrees to meet and confer with the Association prior to making any significant modifications to its Drug and Alcohol Abuse Policy.
SECTION 16 SMOKE FREE POLICY
All City buildings and City vehicles shall be considered smoke-free areas.
SECTION 17 TRAINING ST ANDARDS FOR EMPLOYEES WHO SUPERVISE Performance standards for employees who supervise shall be amended to include approved supervisor training each year on City time. This standard shall be imposed through the normal annual performance evaluation process. The Personnel Department will regularly publish training opportunities. Employees will be eligible for paid release time and payment of necessary expenses for approved professional development related to their employment.
SECTION 18 NEGOTIATIONS
If practicable, the parties agree to meet in February of the last year of the contract to begin negotiations for a successor agreement to the MOU; otherwise, the parties agree to meet in March.
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SECTION 19 WORK SCHEDULES
All existing work schedules, including alternate work schedules, shall continue for the duration of the MOU, unless modified in a written agreement between the City and the Association. The City agrees to meet and confer with the Association on any proposed changes to any work schedule. The City shall provide no less than fourteen (14) calendar days' notice of changes to an employee's permanent work schedule before implementing such a change. This does not affect the City's ability to require employees to work overtime or temporarily adjust an employee's schedule to address the needs of the City; however, the City will provide as much notice as possible in such situations.
SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENT ATIONS
AND INFORMATION
The City agrees to provide no less than 10 calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means.
In accordance with California Government Code fp 3557, access shall be determined by mutual agreement between the City and the Association.
Access could be effectuated by representational attendance or correspondence. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.
If no in-person, new employee orientation has occurred within thirty (30) days of an employee's date of hire and with at least seven (7) calendar days' written notice to the affected Department, the Association shall be permitted to schedule an in-person meeting within 31 to 60 calendar days of the employee's date of hire at the worksite for no more than 90 minutes, which includes travel time to and from the meeting, and which shall incorporate the employee's lunch hour.
During this scheduled time, the newly hired employee will be relieved of other duties to permit attendance.
The City shall provide notification of all new employees subject to the disclosure requirements outlined in Article I, Section 5.A.
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SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL
DOCUMENTS
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights.
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ARTICLE II
SECTION I
SALARY & A[LOWANCES
PAY INCREASES IMPLEMENT ATION
All payroll changes for step increases, pay increases and other compensation changes will be made effective prospectively or retroactively, as is appropriate, on the effective date of said change.
SECTION 2 WAGES
For fiscal year 2025-26 and effective September 7, 2025, the salary range and base salary for the represented unit classifications and employees still on payroll shall be increased by three percent (3.0%).
SECTION 3 LONGEVITY PAY
The City recognizes that as an employee's service with the City increases, the employee's knowledge of operating procedures, productivity and ability to provide outstanding service to the citizens of South Gate increases. For these reasons, the City provides longevity pay which is added to each step for eligible employees. Longevity pay is determined once per year (on July 1) and is computed prior to the percentage increase to each Step contained in Section 2. Wages. For pay calculations purposes, such as, but not limited to, overtime, pension, sick leave, and vacation, longevity pay is added to an employee's base pay. Employees are eligible for Longevity Pay based on the following:
SECTION 4
Full Years of City Services
5 years to 9 years
10 years to 14 years
15 years to 19 years
20 years or more
MERIT BASED STEP INCREASE
% of Base Pay
1. 5%
2. 0%
2.5%
3. 0%
All employees will receive an annual performance evaluation in accordance with Article I, Section 12. Advancement to a higher Step in each Grade will be contingent upon overall satisfactory or exemplary performance evaluations. Should a supervisor fail to complete an 13 13
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evaluation through no fault of the employee, the employee will automatically receive any regularly scheduled increase.
Merit increases must be recommended by the employee's supervisor and approved by the Department Head. Supervisors are required to take affirmative action to withhold a salary step increase, with this action to be approved by the Department Head. An employee who is denied a merit increase shall be provided, in writing, the basis of denial and may appeal the decision to deny the merit increase through the grievance procedure through Step 3. Further, if a supervisor rates an employee unsatisfactory and fails to withhold a step increase, the supervisor shall be required to justify the lack of action.
Withholding a salary increase is an administrative action, and not disciplinary, and therefore is not the subject to appeal to the Civil Service Commission or Office of Administrative Hearings. When an employee is given an unsatisfactory performance evaluation, and a salary step is withheld, the employee and supervisor shall meet and establish goals and a plan to improve the performance. When an employee meets goals of the performance improvement plan the employee will then earn a step increase.
SECTION 5 ACTING PAY
A. Right To Additional Compensation
Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.
B. Conditions Precedent Additional Compensation
1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
a. If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a permanent employee occupying said position, the requisite 14 ltl
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time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
b. If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary absence of a permanent employee, such as illness, vacation, leave of absence, or absence without leave, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director. Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Personnel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Personnel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Personnel Officer.
3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.
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SECTION 6 EDUCATIONAL REIMBURSEMENT
The individual educational reimbursement cap is 3,000 per fiscal year ($3,500 for private universities). The City shall reasonably budget for this expense based upon past use experience. Full-time City employees who have successfully passed their initial probation period are eligible to participate in the educational reimbursement plan.
To be eligible for reimbursement the employee must obtain a grade of "C" or better and submit a grade slip or other evidence of successful course completion and appropriate invoices and/or receipts. If the employee voluntarily separates from the City for reasons other than retirement within two (2) years of completing a course for which reimbursement is received, the City may withhold a pro-rated amount of such reimbursement from the employee's last check. The pro-rate shall be 1/24th of the amount for each month short of two (2) years.
The City agrees to allow a flexible work schedule for an employee who is enrolled in an academic program and needs an early release time to attend classes. The flexible work schedule is limited to one hour of early release time per day where an employee can start work early or take a shortened lunch break, provided that a 10-hour day is completed subject to all applicable laws, and prior approval of the Department Head.
SECTION 7 EDUCATION INCENTIVE PAY
As long as the degrees at issue are not part of the requirements of the classification, employees who have or obtain a B.A. or B.S. will be paid an additional $50.00 per month. Employees who have or obtain a post- graduate degree will be paid an additional $100.00 per month.
SECTION 8 MILEAGE A[LOWANCE
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.
SECTION 9 BuINGUAL PAY
Employees who are assigned to a job classification that has been designated by the City as a bilingual preferred position with public contact (i.e., verbal and/or written translation of English to Spanish or 16 I(o
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Spanish to English) shall receive additional compensation based on the employee's ability to pass the following bilingual exams:
Tier I Proficient verbal bilingual skill, $100.00 per month.
Tier II Proficient verbal, reading, and writing bilingual skills $125.00 per month.
Tier III Excellent verbal, reading, and writing bilingual skills and the ability to act as a translator in meetings $200.00 per month.
Simultaneous Translators: Any Tier III certified Bilingual Pay recipient may be considered to serve as a Simultaneous Translator at City council meetings, Planning Commission meetings, Parks & Recreation Commission meetings, or any other public meeting pre-approved by the City Manager, shall be paid overtime at two times the overtime-eligible employee's normal, hourly rate for overtime hours worked while performing simultaneous translation. In order to qualify to serve as a Simultaneous Translator, an employee must pass a simultaneous translation test administered by the Human Resources Department.
Once certified, the employee will be placed on a list of eligible employees who may be called to serve in the capacity of a Simultaneous Translator at one of the above-designated meetings. Except for "City Manager Designated Translators," as described below, there is no requirement that certified Simultaneous Translators must work overtime; however, if a certified employee declines to serve as a Simultaneous Translator on more than three occasions during a 12- month period for the meeting for which he/she is certified, the employee shall be decertified as a Simultaneous Translator for that designated meeting.
"City Manager Designator Translator": At the City Manager's discretion, he/she may designate no more than three certified Simultaneous Translators citywide to serve as the designated translator for each of the following meetings: City Council; Planning Commission; and Parks & Recreation Commission. An employee accepting the position of City Manager Designated Translator shall be paid $50 per month for his/her translation services in addition to the $200.00 per month he/she received as a Tier III Bilingual Pay recipient for a total of $250.00 per month. As a City Manager Designated Translator, the 17 Il
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employee is required to translate for all meetings for which he/she is designated (e.g., if the employee is the City Manager Designated Translator for City Council meetings, that employee shall served as the Simultaneous Translator for those meetings unless his/her absence is excused for reasons including, but not limited to vacation and/or sickness). A City Manager Designated Translator serves at the discretion of the City Manager and may be removed from the designated position at any time, without any reason, and the City Manager's decision to remove an employee from this designated position is final and not subject to grievance. An employee who no loner wishes to serve as the Designated Translator must provide at least 30 days' notice to the City Manager before voluntarily vacating the position.
FLSA exempt employees are eligible for the increased monthly amount ($250.00/month) if selected to serve as a City Manager Designated Translator; however, FLSA exempt employees are not eligible for overtime.
SECTION 10 TECHNOLOGY ALLOWANCE
If approved by the Department Director, those employees that use their personal technology device for City business will be compensated $100.00 per month as reimbursement for such use. Such reimbursement shall be taxable as compensation.
SECTION 11 0VERTIME (NON-EXEMPT EMPLOYEES)
A. Overtime Definition
Overtime means any time worked which exceeds 40 hours in a workweek. Paid time off shall be included in calculating the 40 hours.
B. Authorization Of Overtime
Non-exempt employees should not work on an overtime basis without prior authorization. In the event that circumstances prevent obtaining the prior authorization, non-exempt employees shall notify their Director as soon as practical.
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C. 0ualifying Work
Non-exempt employees performing work on an overtime basis may provide such services using various means. Non-exempt employees may report to a City facility, but may also perform services off-site, depending on the circumstances, if approved by their Director. A non-exempt employee who provides off-duty service as pre- approved by their Director in response to a phone, e-mail or text request, shall record the actual time spent handling the call, e-mail or text and shall report that time, in increments of 15 minutes, as time worked in their workweek.
D. Compensatory Time
Overtime work is compensated at one and one-half times (l.5x) the non-exempt employee's regular rate as defined by the FLSA. Non- exempt employees may elect to receive payment for overtime work in the form of compensatory time off in lieu of the overtime cash payment. Employees may accrue up to 160 hours of compensatory time during the fiscal year but the balance will be automatically cashed out in the last pay period in June each year.
E. Administrative Leave
SGPMMA bargaining unit employees who are designated non- exempt by the City under the FLSA are ineligible to receive administrative leave or special administrative leave. 19 l"t
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ARTICLE III
FRINGE BENEFITS
SECTION I MEDICAL, DENT At & VISION INSURANCE
A. Medical Insurance
The City will pay insurance premiums which are equivalent to the rate for Kaiser-Region 3. Employees who select more expensive plans will be responsible for any difference in premiums. The City will provide an amount equal to the one-party Kaiser rate per month in deferred compensation to those employees who opt out of the City's medical insurance. Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's medical insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount. Employees must show proof of alternate medical coverage on a yearly basis in order to receive payment provided herein.
The current Kaiser-Region 3 rate may be requested from the Persor'u"iel Office.
B. Dental Insurance
The City will:
a. Pay the maximum amount equivalent to the HMO Liberty Dental plan family coverage rate. Employees who select more expensive plans (PPOs), will be responsible for any difference in premiums. b. Provide an amount equal to the HMO Liberty Dental plan family coverage rate per month in deferred compensation to those employees who opt out of the City's dental insurance. Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's dental insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount. 20 'g0
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Employees must show proof of alternate dental insurance coverage on a yearly basis in order to receive the payment provided herein.
C. Vision Plan
The City agrees to contribute up to the monthly dollar amount equal to the Superior Vision plus family coverage rate toward vision plan coverage.
SECTION 2 LIFE INSURANCE
The City shall provide $50,000.00 of Life and Accidental Death and Dismemberment Insurance for all employees represented by the Association. However, consistent with current industry standards, coverage will reduce to 65% at age 65, 40% at age 70, 25% at age 75 and 15% at age 80.
SECTION 3 VOLUNT ARY LIFE INSURANCE
Eligible employees will be offered the opportunity to purchase life insurance in addition to the life insurance paid for by the City. Currently the voluntary life coverage is provided by Principal which establishes the terms and conditions regarding coverage. Employees who elect voluntary life coverage will be responsible for the cost of the premium.
If, due to a change in insurance carrier or other reasons, any significant features of the Plan need to be changed, the City will meet and confer with the Association before the changes are implemented.
SECTION 4 RETIREMENT
A. The City offers a defined retirement benefit plan through the California Public Employees' Retirement System (CalPERS) and there are two (2) tiers depending on date of hire which define the various retirement levels for retirement formula, final compensation calculation and employee contribution/cost sharing as follows:
1. Tier 1: Employees hired prior to }anuary 1, 2013, or employees hired by the City on and after January 1, 2013, who are laterals 21 Zt
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from another PERS agency or an agency whose retirement system has reciprocity with PERS, within six (6) months.
The retirement formula is 2.7% at 55 years of age. Final compensation is calculated as the average of the single highest year based on the highest twelve (12) consecutive months.
Tier 1 Employees shall pay the full employee CalPERS contribution of eight percent (8%) of compensation.
2. Tier 2: Employees hired on or after }anuary 1, 2013, and who are defined by the Public Employees' Pension Act (PEPRA) as "new members."
The retirement formula is two percent (2%) at 62 years of age.
Final compensation is calculated using the highest average annual compensation over a thirty-six (36) consecutive month period.
Pursuant to PEPRA requirements, Employees in Tier 2 shall pay the full amount of the employee's normal cost of the benefits (i.e. one half normal cost), which amount is currently six point seven five percent (6.75%) of compensation.
B. Cost Sharing
Starting concurrently on the first day of the first full pay period of 2025, in exchange for an additional I.O% base pay increase, all "Classic" and "PEPRA" members shall contribute an additional 1% (for a total of 2%) towards the employer CalPERS contribution as cost sharing per Government Code section 20516, which shall be implemented by payroll deduction.
C. Internal Revenue Code Section 414(H)(2)
The City will take such actions necessary to adopt and implement Internal Revenue Code Section 414(h)(2) to enable each employee to make his/her Employee Contributions, as specified in Article III, Section 4.A.1 and 2. above, on a tax deferred basis. Should Federal or State law(s) or regulation(s) require the withholding of personal income taxes, the City will withhold such incomes taxes. 22 234
D. Additional Benefits
The following are benefits provided to the employees for retirement:
1. Post-Retirement Survivor Benefit - Provides that upon death of a member, after retirement, an allowance shall be continued to the surviving spouse.
2. Post-Retirement Survivor Allowance to Continue After Remarriage - Allows the survivor allowance to continue even though survivor of a retiree re-marries.
3. Continuation Of Death Benefits - After Remarriage - Provides that the Death Benefits being paid to a spouse of a member who died prior to retirement will be continued in full should the spouse remarry.
4. CalPERS-Miscellaneous - The CalPERS miscellaneous contract shall include the following benefits to be paid by the City to CalPERS:
a. 1959 Survivor Benefit at Level 4 - Highest level of benefits than Basic or other levels of the benefit;
b. Military Service Credit - Credit of maximum of four (4) years of service; and
c. Unused Sick Leave Credit Receive additional service credit at the rate of O.004 years of each day of sick leave.
E. RETIREE MEDICAL INSURANCE
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of the Tentative Agreement for this successor MOU and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars ($150) per month.
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For those employees who after the adoption of the Tentative Agreement for this successor MOU retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, shall receive a medical insurance benefit not to exceed three hundred dollars ($300) per month,
This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for themself and their dependents, as currently provided at their own expense.
The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.
SECTION 5 DEFERRED COMPENSATION
The City offers a deferred compensation plan to the employees and said plan offers a savings plan only. The City also offers to employees at their expense, a plan that provides multiple investment options. Open enrollment is on an ongoing basis.
The City shall match one hundred percent (100%) of employee contributions toward deferred compensation plans up to a maximum of one hundred dollars ($100) per month. Each employee wishing to participate shall complete and submit the proper paperwork to Human Resources and/or Payroll.
SECTION 6 RISK MANAGEMENT
The City is concerned with safety, loss reduction, and increased productivity. To address these issues, the City will meet periodically with the Association to discuss plans that will focus on issues such as, the non-use of sick leave, safe driving record, safety/loss recovery suggestion award program.
SECTION 7 PHYSICAL FITNESS
Each employee shall receive a membership at the South Gate Sports Center in the South Gate Park. The membership will be determined in the following maru"ier:
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Employees will receive at no cost a family membership, which includes membership for a spouse and dependent children, and access to the golf course and swimming pool. This membership includes free access to all Park facilities that are open to the publig but excludes City sponsored classes that require a fee. Employees and eligible family members must obtain the required identification cards.
Employees that retire from the City shall receive a lifetime membership to the Sports Center at South Gate Park which will provide access to the facility, as well as the golf course and swimming pool, for the retiree plus one guest only upon issuance of the required identification card.
SECTION 8 LONG TERM DISABILITY
The City currently provides a Long-Term Disability Plan to employees by the City.
SECTION 9 FSA DEPENDENT CARE TAX SAVINGS
The City will pay the minimum per employee administrative fee required for a pre-tax medical and dependent childcare savings plan with employees making a contribution.
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ARTICLE IV
LEAVE POLICIES
SECTION I HOLIDAY LEAVE
A. Entitlement
Employees who are on the payroll as of July 1st of each Fiscal Year shall be credited with appropriate Holiday Leave per Section B (below). Employees in the bargaining unit hired after the 1st of each Fiscal Year will be credited as of the date of hire with ten (10) hours of holiday leave for each designated holiday remaining in the Fiscal Year. Although holiday leave is credited, it is not considered earned until the day of the observed holiday.
Entitled employees may be absent from work but nevertheless receive compensation at the employee's then current rate of pay on either (a) the holidays designated below; or (b) days otherwise scheduled in advance and agreed upon between the employee's supervisor and the employee.
Entitled employees shall earn Holiday Leave in increments of ten (10) hours if the employee is working or on paid leave both as the holiday occurs during the calendar year, and at the commencement of the day following the designated holiday. Holiday leave time used shall be deducted from the hours credited in increments according to the employee work schedule.
City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal year. Any unused Holiday hours not used at the conclusion of the last full pay period of each fiscal year are deemed lost, and employee shall not receive compensation for any unused Holiday hours. If an employee attempted to use his/her Holiday hours by the end of the fiscal year and was denied the ability to use those hours, the employee may submit a memo no later than June 15th prior to the end of the current fiscal year to his/her department head requesting to use those remaining holiday hours on specific dates on or before August 31!' of the next fiscal year. Such a request shall only be granted on the condition that the employee 26 238
attempted to use those remaining holiday hours and was denied the ability to use the remaining holiday hours.
B. Holiday Observance/Hours
Each fiscal year, the City shall observe the following named Holidays:
New Year's Day
Martin Luther King's Birthday
President's Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
January 1st
Third Monday of January
Third Monday of February
Last Monday in March
Last Monday of May
July 4th
First Monday of September
Fourth Thursday of November
December 24th
December 25th
Each fiscal year, all employees shall be credited with 130 hours of paid Holiday Leave, subject to "Section IA. Article IV." The City will observe the ten (10) days set forth above, plus thirty (30) additional hours each year. The thirty (30) additional hours will be applied to effectuate a full week of closure between Christmas and New Year's Day. In the event that less than thirty (30) hours is necessary to effectuate the full week of closure, the balance of the 30 hours will be observed as floating day(s).
The City will review the holidays above in April of each year and determine the date that each holiday will be observed for the coming fiscal year, which shall be issued by the Persoru"iel Officer as the Holiday Schedule.
All employees are required to be off work on City-observed holidays. Any such employee who works on a designated holiday shall earn his/her regular rate of pay and defer any unused holiday hours to be used at a later time; however, if the assignment to work on an observed holiday is approved by the appropriate department head to meet an urgent need of the City, then a non-exempt employee shall earn time and one half his/her regular rate of pay for 27 K'7
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all hours approved and defer any unused hours to be used at a later time.
Holidays that fall on Friday or Saturday become floaters. Holidays that fall on Sunday are observed on Monday. If two-day holidays fall on Sunday/Monday, then holidays are observed Monday/ Tuesday.
An employee shall not receive compensation for holidays that occur after his/her date of separation.
SECTION 2 VACATION
A. Each employee shall earn vacation in the following manner:
One (1) to four (4) years of service:
Five (5) to nine (9) years of service:
Ten (10) or more years of service:
80 hours annually
120 hours annually
160 hours annually
Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours. If an employee's vacation accrual is at the maximum level, and the employee has requested vacation within the current notification requirements and been denied use of vacation time, Personnel shall direct that the specific loss of hours due to the denial of time-off request to be rolled over. The rollover will be calculated and accrued in a separate leave bank to be used within one (1) year. The employee shall demonstrate the denial of the time- off request.
Exceptions to vacation accrual limits will be considered on a case-by- case basis in those circumstances where it is not in the City's best interest to allow an employee to take vacation leave due to limitations such as lack of adequate staffing or time constrained projects.
B. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an 28 240
employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.
SECTION 3 SICK LEAVE
A. Entitlement
Employees shall earn one hundred twenty (120) hours of sick leave per year prorated by pay period. Annually, the City shall permit employees to utilize fifty (50) hours of their accrued sick leave as paid time off for reasons of personal business (not related to illness).
These days shall not be regarded as "sick leave used" for any personnel purposes, including employee discipline, evaluations, promotions, assignments, etc.
B, Sick Leave Program
1. Illness or Injury Leave Notification and Verification Procedure:
In the event of an absence due to illness or injury, employees must notify their department supervisor (or the supervisor's designee), prior to or at the beginning of their shift starting time.
Employees who are incapacitated and cannot notify their department supervisor, must notify their supervisor at the earliest possible time and may have a spouse or other person contact their supervisor within the time limit specified above.
2. Anemployeethatbecomeillorinjured,whileworkingonthejob, must request their supervisor's approval to leave work. Those employees injured on the job must file a "First Report of Injury" form and receive authorization for medical treatment from their supervisor.
3. The notification to the department supervisor must include a reason for the absence that is in accordance with current law and an estimated return date. This information will be logged by the department for future reference.
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4. Failure to notify the department supervisor, as stated in Notification Section 1, will result in the forfeiture of the sick leave for the period of absence and may result in disciplinary action.
5. All absences not due to illness or injury must be requested as noted in the appropriate leave sections.
6. Verification In the event that employees have, in their supervisor's sole opinion, an absenteeism problem, an excessive use of sick leave, or have a suspicious absence or group of absences, the supervisor may attempt to verify the absence or proper use of sick leave by any of the following:
a. Telephoning the employee at home (or appropriate location). b. Visiting employee at home.
c. A sub-rosa investigation.
d. A medical evaluation at the City's expense, or e. A medical evaluation at the employee's expense (A licensed physician must complete the medical evaluation which must include the reason for the absence and permission to return to work.
7. Where an excessive absenteeism pattern has been established without clear justification for said leave, a supervisor may schedule a counseling session to determine the reasons or justification for the excessive use. The counseling session shall be conducted by the Personnel Officer and other attendees of the session shall include the employee, a representative chosen by the employee, if any, and the department representatives. This session shall be documented by a written summary of the abuse problems and discussion. The summary shall be issued by the Personnel Officer and a copy distributed to attendees of the session and to the affected employee's Personnel file.
8. The purpose of the counseling session is to improve the employee's attendance and/or warn the employee about the consequences of continued abuse. If there is a specific abuse that warrants discipline, or if the above counseling session does not 30 gD
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correct abuses, then action will be taken to correct the abuse problem through the discipline process (Section 11, Civil Service Rules and Regulations).
C. Sick Leave Advances
The City will not provide advances in sick leave when an employee has depleted their sick leave balances.
D. Sick Leave Payoff
1. Employees hired before January 1, 1993, have unlimited sick leave accrual and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.
2. Employees hired on or after January 1, 1993, have a cap on sick leave cash-out of six hundred hours (600) hours and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.
3. Employees hired on or after July 1, 2022 shall not be entitled to sick leave cash-out upon separation. Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed, or not, by the City's CalPERS contract.
4. Accumulated unused sick leave shall be paid off based on the following formula:
a. 15-19 years of service -
50% reimbursement of eligible unused sick leave.
b. 20 years or more of service -
75% reimbursement of eligible unused sick leave.
5. The employee will receive payment in a lump sum in the next payroll period after separation at employee's base rate of pay. 31 243
SECTION 4 PAY FOR JURY DUTY
A, Jury Duty Service
All employees who are called for Jury Duty shall be entitled to a maximum of ten (10) days at full salary. Employees are obligated to inform the Judge/ Court that City policy is to only pay ten (10) days of service. Should an employee, through no fault of his/her own, be required to serve beyond ten (10) days, the employee will receive full salary for Jury Duty service up to an additional twenty (20) days.
Exceptions may be made to this policy by the City Manager in very unusual circumstances.
B. Attendance
1. A record of attendance from the Court is required and shall be turned in weekly for payroll purposes. Such record is available from the Court Administrator's office. Employee on shifts other than the normal shift shall have off the equivalent time to actual jury service plus reasonable travel time to and from their places of residence; likewise, employees on the regular work shift, who serve on night court juries will have off the actual time of service plus reasonable travel time to and from their places of residence.
2. Employees who serve on jury duty for partial days are expected to report to work if they are released from jury duty within a reasonable amount of time to report back to work (e.g. an employee on day shift serving on South Gate Court duty would be expected to return to work if excused prior to or at 4:00 P.M.
However, an employee serving on jury duty for example, in downtown Los Angeles excused at 4:00 P.M. would not be expected to return to work that day). If the option for call-in service is available and workable (the court is within thirty (30) minutes travel time of South Gate), an employee should request call-in status.
SECTION 5 UNPAID LEAVE
A. Leave Without Pay
A leave of absence without pay, up to ninety (90) calendar days in any calendar year, may be granted upon the approval of the 32 Ciz
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Department Head and the Persoru'iel Officer. Leaves of absence in excess of ninety (90) calendar days must be approved by the Personnel Officer, provided, however, that for leaves of absence other than for illness or injury during any three (3) calendar year period shall not exceed one hundred eighty (180) calendar days. In the case of a bona fide illness or injury, a medical leave may be granted up to a maximum of one (1) year upon the approval of the Department Head and the Personnel Officer. In the event that an employee has no eligible leave to cover an absence from work, authorized or unauthorized, the Department Head and the Persoru"iel Officer may approve the short-term leave with due consideration of the employee's work record (with possible counseling or discipline considerations). All applications for leaves of absence without pay shall be submitted to the Personnel Officer on a Personnel Transaction Form. The City shall have sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.
B. Catastrophic Illness/Injury
If an employee is diagnosed by a qualified Doctor of Medicine to have a catastrophic illness (in a state of total disability from cancer, heart attack, AIDS, etc.) or has a catastrophic injury (an injury that totally disables an employee for an extended period of time), the employee may be entitled to extended health benefit coverage (Medical, Dental, & Life insurance) provided by the City (in the same fashion normally provided to the employee). This benefit requires the approval of the Department Head and Personnel Officer, and is applicable when the employee's leave benefits are exhausted, under the following formula:
Years of Full-Time City
After (2) years
After (4) years
After (7) years
After (10) years
Months of Continued Coverage
3 months
6 months
9 months
12 months
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SECTION 6 MATERNITY LEAVE
The application of the maternity leave policy is subject to applicable State and Federal laws. The employee may use accrued paid or unpaid leave as appropriate.
SECTION 7 FAMILY MEDICAL LEAVE ACT
Pursuant to State & Federal law, the City will provide family and medical care leave to eligible employees. The following provisions set forth employees' rights and obligations with respect to sick leave. Rights and obligations which are not specifically set forth below are set in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "Leave" under this provision shall mean leave pursuant to the FMLA and CFRA.
A. Amount of Leave - Eligible employees are entitled to a total of 480 hours of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.
B. The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12-month period to determine how much leave has been used in determining how much leave a member is entitled to.
C. Use of Accrued Leaves While on Leave - If a member requests leave for any reasons permitted under the law, that person must exhaust all accrued leaves in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave.
SECTION 8 BEREAVEMENT
The term "immediate family" is defined as the spouse, domestic partner, children, father, father-in-law, mother, mother-in-law, brother, brother- in-law, sister, sister-in-law, stepchildren, stepparents, foster children, 34 'N't
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foster parents, grandparents, or grandchildren of the employee or other person as approved by the City Manager or their designee.
A. Within The State
Upon the death of the immediate family, within the state, the employee shall have thirty (30) hours leave, not chargeable to any other leave, when employee travels within the state. Employees who travel within the state may take an additional forty (40) hours of leave chargeable to sick leave.
B. Out Of State
Upon the death of immediate family out of state, the employee shall have forty (40) hours leave, not chargeable to any other leave, when employee travels out of state. Employees whose bereavement requires travel out of state may take an additional thirty (30) hours leave chargeable to sick leave,
SECTION 9 JOB RELATED INJURY OR It,LNESS
In the event of an absence due to a job-related injury or illness, any employee who is entitled to disability payments under Workers' Compensation laws shall receive from the City the difference between such disability payments and his/her full salary for the period of absence up to a maximum of four hundred eighty (480) hours for any one injury or illness. This period of four hundred eighty (480) hours shall not be deducted from accumulated sick leave. However, any relapse at a later date shall not be compensable under this provision, although the same may be chargeable against accumulated, unused sick leave, if any.
SECTION 10 MILIT ARY LEAVE
Military leave is restricted to normally required active duty and does not apply to such matters as weekend drills, etc. Leaves of absence for active military training, service, or other active duty obligations shall be granted in accordance with California and Federal law. Compensation, reemployment, seniority and other rights and privileges shall be governed by applicable laws. In order to verify the right to such leave, the employee shall cause a copy of his/her orders to and from military duty and relief therefrom to be filed with City's Personnel Officer.
Military leave is recorded on the employee's time sheet and approved 35 45
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by the Department Head. Employees are entitled to receive a maximum of 80 hours of paid leave per fiscal year for annual military training.
Employees are entitled to receive up to an additional 30 days (300 hours) of paid military leave if they are called to active duty (other than annual training) in the National Guard or one of the branches of the U.S.
Military.
SECTION II ADMINISTRATIVE LEAVE
Employees eligible for Administrative Leave (i.e. FLSA exempt employees) who have reached their maximum allowed accrual and who are denied Administrative Leave time off because of their department's need shall automatically qualify to cash out hours in excess of their allotted maximum limit.
A. Employees will be provided Administrative Leave of 60 hours per year. Employees may carry over unused Administrative Leave to the following fiscal year, but at no time shall an employee maintain a balance of Administrative Leave greater than one hundred (100) hours.
B. Employees may request a payout of up to 40 hours of accrued administrative leave each fiscal year. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated administrative leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. When requested, the payment will be made the first payroll period the following May.
SECTION 12 SPECIAL ADMINISTRATIVE LEAVE
Employees may be required by management to regularly attend meetings after normal working hours, such as, but not limited to, City Plaru"iing Meetings and City Council Meetings or may be required to routinely work weekends. In instances where this occurs more than once in a month, the employee may use special administrative leave under the following conditions:
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1. No more than eighty (80) hours of leave may be used in any fiscal year.
2. No more than four (4) hours of leave may be used in a work week.
3. The amount of leave used in a work week may be no more than the amount of time spent required to work after normal work hours, up to the four (4) hour maximum, and must be used in the same week that the extra work occurred.
4. The employee is required to inform his/her supervisor of the intent to use the Special Administrative Leave and the supervisor may postpone the use of the leave if granting the time would seriously disrupt the accomplishment of a critical task. The Department Head may grant more than 4 hours in a week due to special circumstances.
5. Special Administrative Leave does not carry over to the next fiscal year.
6. There will be no payoff of "unused" Special Administrative Leave.
7. Disputes about the use of Special Administrative Leave will be resolved by good faith discussions between the City, the Association and the involved employee(s) and will not be subject to the grievance procedure.
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ARTICLE V
DISCIPLINE & GRIEV ANCE PROCEDURES
SECTION I DISCIPLINE PROCEDURE
A. The Personnel Officer or appropriate appointing authority may take disciplinary action for cause against an employee and within a reasonable period of time after the alleged wrongdoing by the employee. Discipline shall be administered according to progressive discipline principles. Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/Warning before the City proceeds to more severe discipline such as suspension, reduction in pay, demotion or discharge. City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certain alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action.
The term "disciplinary action," shall be limited in meaning to any of the following:
1. Demotion, Discharge, Or Reduction In Salary
Such disciplinary action may take the form of discharge, reduction in salary, or a demotion where there is a vacancy in the same classification series at a lower level within the department.
2. Suspension
An appointing authority may suspend an employee for one or more of the causes for discipline specified in applicable personnel rules for a period of up to thirty (30) days.
3, Reprimand/Warnings
A written reprimand or written warning is part of the disciplinary process when an action or series of actions by an 38 250
employee does not warrant discipline, as noted in Article V, Section IB. (Notice of Disciplinary Action); however, it does warrant written notification for corrective purposes A Supervisor (or appropriate management personnel) may issue a written reprimand or written warning to an employee for one or more of the causes for discipline specified in the applicable personnel rules. The issuing authority shall include in the document a "sunset" clause (removal date from personnel file) of eighteen (18) months. Removal of the document shall be subject to the Department Head's sole discretion based upon if the employee's subsequent work record justifies removal, the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee personnel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Personnel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to grievance and/or any appeal.
The Written Reprimand Or Warning Shall Only Be Reviewed As Follows:
a. After receipt of written reprimand or written warning, the employee may request a review of said document to issuing authority within ten (10) working days. Said review may include an oral response and/or written response. The issuing authority's decision may be to rescind the document, to modify the document with no change in content. The employee shall be notified, orally or in writing, of the decision of the issuing authority.
b. The employee may request said decision be reviewed by the Department Head, if applicable, within ten (10) days after said notification. The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action).
c. The employee may request that the above decision be reviewed by the Personnel Officer, within ten (10) days after said notification. The same review process shall be conducted 39 of'l
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as stated in Article V, Section IB (Notice of Disciplinary Action). The decision of the Personnel Officer shall be final with no further review of the reprimand or warning.
B. Notice of Disciplinary Action
At any time any disciplinary action is proposed to be taken against any classified employee, they shall be served with written notice at least ten (10) working days prior to the effective date of the proposed disciplinary action, either personally or by certified mail. Said notice shall state the proposed action, the effective date if implemented, the reasons therefore, a copy of the charges and materials upon which the proposed action is based, and a copy of Article V of this Agreement. In termination cases, the concerned employee may be suspended from duty, at full pay, from the time notice is served until the effective date of termination.
1, Skelly Proceeding
Prior to implementing the disciplinary action, a Skelly proceeding will take place to allow the employee an opportunity to respond to the proposed discipline and charges, either orally or in writing, or both. The results of the proceeding may initially be given to the employee orally; however, a written decision will be issued within ten (10) working days of the proceeding C. Appeal Of The Disciplinary Action
1. Appeal To Personnel Officer
A classified employee may file with the Persoru"iel Officer, in writing, an appeal to the disciplinary action and charges. Said appeal shall be filed with the Personnel Officer not more than ten (10) working days after receiving the discipline, or the written results of the Skelly Proceeding referenced in Article V, Section IB(I) (Notice of Disciplinary Action/Skelly Proceeding), whichever is later.
The parties shall retain the services of an Administrative Law Judge (ALJ) through the Office of Administrative Hearings (OAH) to conduct the disciplinary appeal and provide an advisory written decision, as described below.
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a. Hearing An Appeal
Within six (6) weeks of receipt of an appeal (referred to above), the ALJ shall hold a hearing and shall direct the Personnel Officer to notify those whose presence is required.
The appellant shall be entitled to appear personally and to have counsel and they shall be notified in writing of the time and place of meeting. The ALJ may proceed informally, and the rules of evidence shall not apply.
b. Public Hearings
The fact-finding aspect of the ALJ hearings shall be open to the public. The deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require.
c. Failure Of An Appellant To Appear
Failure of an appellant or their counsel to appear at the hearing shall be deemed to be a withdrawal of their appeal and the action of the appointing authority shall be final. d. Conduct Of Hearings
The ALJ shall convene the hearing, declare adjournments, recesses and continuances, shall maintain good order and shall call upon the parties to present witnesses, argument and other matters in the normal course of proceedings. The ALJ shall rule upon all objections, procedural motions and other matters which may come before the ALJ. At the conclusion of the hearing, after all evidence and arguments have been presented, the matter shall be deemed submitted to the ALJ for decision. The ALJ shall determine whether to affirm, reverse or modify the disciplinary action taken.
e. City Council Review
The findings of fact and conclusions of law submitted by the ALJ shall be delivered to the employee (or their representative or legal counsel), the Department Head of the employee's department (or legal counsel), the City Council, the City 41 101
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Manager, the City Attorney and the Personnel Officer. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion. f. Costs
The City and the Association shall share the costs of using the ALJ and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALJ of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALJ fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other
representation costs. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALJ under the same rules stated herein.
g. General Definitions
1. Working Days
The term "working days" shall be considered for
administrative convenience to be Monday through
Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.
2. Time Limits
The failure to submit an appeal within the time limits specified in the various steps provided above shall result in the settlement of the discipline appeal in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer or Administrative Law Judge. All time limits and grievance steps may be
shortened, extended or waived, but only by a mutual 42 102-
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written agreement signed by the employee and a City representative. The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.
3. Employee Representative
The employee "representative" referred to herein above may be an employee of the City.
SECTION 2 GRIEV ANCE PROCEDURE
A.
This Grievance Procedure shall be the exclusive means for resolving all grievances as that term is defined hereinabove except that the following disputes shall not be subject to the provisions thereof:
1. Any dispute arising out of or in cor'u'iection with meeting and conferring pursuant to Resolution No. 3674.
2. Any dispute arising in or from, or involving a strike, work stoppage or cessation of work in any form by employees of the City.
3. Any appeal concerning disciplinary action affecting any employee (See Article V., Section 1- Discipline and Grievance Procedures).
B. Procedure
Step I A grievance may be initiated in this Step I by an employee or group of employees by presenting the grievance orally to the immediate supervisor of the employee or employees involved. The grievance must be submitted to said supervisor within fifteen (15) working days following the occurrence of the event upon which the grievance is based.
The supervisor will give an oral answer to the employee or employees involved within no more than fifteen (15) working days after the grievance was orally presented. 43 102,
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Step 2 If the grievance remains unresolved after Step 1, the grievance may be moved to Step 2 by submitting the same to the Department Head. The grievance shall be submitted in writing on a form supplied by the City. The grievance must be submitted in Step 2 no later than ten (10) working days after the answer in Step I has been received or the time for such answer has expired. Within no more than ten (10) working days after receipt of grievance, a meeting will be held with the Department Head and the employee or employees involved. A representative of the employee or employees may be present if requested. Grievances submitted in Step 2 shall be answered in writing within ten (10) working days of said meeting.
Step 3 If the grievance remains unresolved after Step 2, the grievance shall be moved immediately by the Department Head or the employee or employees involved to Step 3 by submitting a copy of the written form provided in Step 2 to the Persoru"iel Officer.
a. Within no more than ten (10) working days after receipt of the written grievance, a meeting shall be scheduled between the Personnel Officer and the employee or
employees involved. A representative of the employee or employees may be present if requested.
b. Grievances involving a dispute between the City and a Recognized Employee Organization may be initiated in this Step by either party in said written form within ten (10) working days of the occurrence of the event giving rise to the grievance. In that event, a meeting shall be scheduled within ten (10) working days of receipt of said written grievance between no more than two (2)
designated representatives of the City and two (2) of the Recognized Employee Organization. In addition, the
employee or employees involved, if any, the Department Head, and the immediate supervisor shall be entitled to be present at the meeting.
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c. Grievances submitted in Step 3 shall be answered by the Persoru"iel Officer in writing within ten (10) working days of said meeting(s).
Step 4 The City and the Association shall retain the services of an Administrative Law Judge through the Office of
Administrative Hearings and shall share the costs of using the Administrative Law Judge and Office of Administrative Hearings equally, with each side paying their share as and when required by the neutral, third-party or the Office of Administrative Hearings. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 decision of the Personnel Officer shall be final and binding on the matter.
Within thirty (30) calendar days after the receipt of a request for review, the Administrative Law Judge shall hold a
hearing. The Personnel Officer shall notify the aggrieved party of the date, time and place of the hearing. The aggrieved party has the right to appear personally and to have counsel appear on its behalf. The hearing shall be conducted pursuant to Article V, Section 1, Subsection d (Conduct of Hearings), above.
The fact-finding aspect of the Administrative Law Judge hearings shall be open to the publig the deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.
If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the Administrative Law Judge under the same rules stated herein.
C. Review By City Council
The advisory decision of the Administrative Law Judge shall be final and binding unless within thirty (30) calendar days thereafter a 45 ioS
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request for review by the City Council is filed with the Personnel Officer, or the City Council, on its own motion, requests review thereof within said period.
D. General Definitions
1. Grievance Defined
"Grievance" means any dispute or difference between the City and any employee or group of employees, concerning the interpretation or application of any written City ordinance, resolution, rule, policy, practice or procedure governing the wages, hours and working conditions of City employees. The term "grievance" also includes any dispute or difference between the City and a recognized employee organization concerning the interpretation or application of any existing memorandum of understanding between the City and said recognized employee organization.
2. Working Days
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.
3. Time Limits
The failure to submit a grievance within the time limits specified in the various steps provided above shall result in the settlement of the grievance in accordance with the last answer or response given which shall be final and binding. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative. The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.
4. Employee Representative
The employee "representative" referred to in Steps 2 and 3 above may be an employee of the City.
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ARTICLE VI
IMPLEMENT ATION OF
MEMORANDUM OF UNDERST ANDING
SECTION I WAGE RIGHTS
A. The Association promises and warrants, that upon acceptance of the aforementioned recommendations of the City's designated representatives by the City Council, its members will provide service to the City upon the terms and conditions herein stated.
B. Subject to the provisions of this MOU, the parties hereto do hereby agree and acknowledge that the City shall retain all its usual rights and responsibilities.
C. It is understood and agreed that this MOU is subject to all present and future applicable Federal or State wage and salary control laws and regulations as well as all other applicable Federal and State laws or regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this MOU shall remain in full force and effect.
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ARTICLE VII
LAYOFFS
For the purposes of this Article "business day, is defined as the normal operating days for personnel, currently Monday through Thursday.
A. The City Council or City Manager may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give employees covered by this MOU not less than fifteen (15) business days advance notice of lay-off and the reason therefore. However, no full-time employee shall be separated from a department while regular part-time, or hourly employees are serving in the same positions in the department. The conditions of lay-off shall be as follows:
Order of Separation
The principal criterion used in determining the order of separation and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, ability and qualifications to perform the job. Furthermore, seniority shall govern unless the following criteria show that ability, merit, and records of the employees considered for lay-off are not equal:
1) Employee's last four (4) performance evaluations rating, if in existence.
2) History of employee written disciplinary actions. 3) Attendance record tardiness, and unexcused absences. 4) In the event the less senior employee in the position in the class to be laid off has superior skills, ability, qualifications, merit and record, as determined in the above manner, then the more senior employee shall be laid-off.
The City shall have the burden of establishing the above criteria. 48 IOX
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B. Bumping Rights
The employee laid-off shall be entitled to bump to the position in a class in which they currently or formerly held a permanent appointment and in which there is an employee with less seniority in the class, if physically and mentally able to perform the duties of the former class. After the City has notified the affected employee and also the position available to the employee, if any, to bump, they must notify the Personnel Officer of their intent to exercise the bumping rights within fourteen (14) business days of the position, and classification in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the dass shall be bumped by the person who is laid off. The employee bumped shall be considered as laid-off for the same reason as the person who bumped them and shall in the same manner be eligible to bump to a position in a class within the City in which they formally had a permanent position.
C. Appointment of Laid-Off Employees to Lower Class The City Manager may approve the appointment of an employee who is to be laid-off to an existing vacancy in a lower class for which they are qualified without requiring an examination, provided the appropriate appointing authority so appoints.
D. Applicability
These provisions shall apply to all classified positions, including regular part-time positions to the extent any regular part-time positions are covered by this MOU, but shall not apply to unclassified, probationary, hourly, and temporary positions.
E. Lay-off List
The lay-off list shall consist of those employees laid-off in the classification ranked in order of seniority. If there is a classification of a lower rank in the same classification series as the position from which the employee was laid-off, that employee's name shall be placed on the lay-off list for each such lower ranked classification. 49 10ol
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A laid-off employee shall retain re-employment rights to the classification from which they were laid-off irrespective of their acceptance of reemployment at a lesser rank.
F. No Probation and Evaluation of Bumped Employee Employees who bump or are bumped shall not be required to serve a probationary period and shall be evaluated using the same criteria and process as other fully vested and tenured employees. 50 IIL)
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ARTICLE VIII
REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS
Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees. 51 lit
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ARTICLE IX
FULL UNDERST ANDING
This MOU is the result of a joint effort by the Association and the City to capture all past agreements between the parties that are still applicable and active. If an issue or practice is included in this MOU, the language of this MOU is controlling. If an issue or practice is not included in this MOU and there is a clear practice or a current written practice, such as the City's Salary Resolution, covering the issue, the past practice or written practice will be controlling.
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ARTICLE X
REOPENERS
The parties do specifically agree to reopen the meet and confer process during the term of t's MOU only with regards to the following issues. These reopeners are not contingent upon the execution of any successor MOU and no successor MOU is contingent upon agreement on these reopeners.
SECTION I COMMERCIAL LICENSE OPERATORS
The parties agree to meet three (3) months after City Council approval of this MOU to discuss and exchange proposals relating to classifications requiring a commercial license as a term and condition of employment.
SECTION 2 UPDATING POLICIES
The parties agree to meet confer during the term of this MOU regarding updating the City's Employee Handbook, Employer-Employee Relations Resolution, Persoru"iel Rules and Regulations, and classification specifications.
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Memorandum of Understanding between the City of South Gate and the South Gate Professional Mid-Management Association -Signature page-
The City and the Association acknowledge that this Agreement is entered into the 4th day of September 2025 and is subject to it being executed by authorized representatives.
CITY OF SOUTH GATE:
Maria Davila, Mayor
Date:
ATTEST:
SOUTH GATE PROFESSIONAL MID-
MANAGEMENT ASSOCIATION:
By:
Date:
Mon%esident
Date:
Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:
Ra F. Salinas, City Attorney Robert Feria, Chief Negotiator, SEIU 721 54 ll'l
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Attachment D
Contract No.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SOUTH GATE
AND THE
SOUTH GATE DIVISION MANAGEMENT ASSOCIATION
JULY 1, 2025, TO JUNE 30, 2026
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267
TABLE OF CONTENTS
ARTICLE I
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECnON 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13
SECTION14
SECTION 15
SECTION 16
SECTION 17
SECTION 18
SECnON 19
SECTION 21
GENERAL PROVISIONS
RECOGNITION
CURRENT AND SUPPLEMENT AL AGREEMENTS
NONDISCRIMINATION
DURATION
DUES DEDUCTION
SEVERANCE PLAN
DRESS CODES
ASSOCIATION BUSINESS
USE OF CITY FACILITIES/VEHICLES
EMPLOYEE HANDBOOK
PROBA'nON PERIOD
WORK SCHEDULES
ELECTRONIC CHECK DEPOSIT
SUBST ANCE ABUSE POLICY
SMOKE FREE POLICY
TRAINING ST ANDARDS FOR EMPLOYEES WHO SUPERVISE . ...
ASSOCATION ACCESS TO NEW EMPLOYEE ORIENT ATIONS
AND INFORMATION. . . . 9
EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL
DOCUMENTS 9
EXCLUSION FROM CIVIL SERVICE RULES AND REGULATIONS.. 9 LABOR MANAGEMENT ROUNT ABLE COMMITTEE...................
ARTICLE II
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SALARIES AND ALLOWANCES
PAY INCREASES IMPLEMENT ATION
WAGES
MERIT BASED STEP INCREASE
WORKING TEMPORARILY IN A HIGHER CLASSIFICATION
EDUCATIONAL REIMBURSEMENT
MILEAGE ALLOWANCE
COMMUNICATION DEVICE
BILINGUAL PAY
EDUCATIONAL INCENTIVE PAY
LONGEVITY PAY
10 10
......... 10-11
12 12
12 12
12 13
ARTICLE III
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
FRINGE BENEFITS
MEDICAL, DENTAL & VISION INSURANCE
LIFE INSURANCE
VOLUNT ARY LIFE INSURANCE
SECTION 89 CONSIDERATIONS
RETIREMENT
DEFERRED COMPENSATION
RISK MANAGEMENT PROGRAM
PHYSICAL FITNESS
LONG TERM DISABILITY
14 14 -15
15 15 -16
16 16 -17
17 17
18 18
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ARTICLE IV
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
LEAVE POLICIES
HOLIDAY LEAVE
VACATION
SICK LEAVE
PAY FOR JURY DUTY
LEAVE WITHOUT PAY
MATERNITY LEAVE
FAMILY MEDICAL LEAVE ACT
BEREAVEMENT
JOB RELATED INJURY OR ILLNESS
MILIT ARY LEAVE
ADMINISTRATIVE LEAVE
ARTICLE V
SECTION 1
SECTION 2
SECTION 3
DISCIPLINE & PROBLEM RESOLUTION
DISCIPLINE PROCEDURE
PROBLEM RESOLUTION
GRIEV ANCE PROCEDURE
ARTICLE VI
SECTION I
SECTION 2
IMPLEMENTATION OF MEMORANDUM OF
UNDERSTANDING
WAGE RIGHTS
REOPENERS
SIGNATURE PAGE
2 19
19 -20
20 21 -23
23 23-24
24 24 -25
25 25
.26
26 .27
.27-28
28 -29
29 -31
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ARTICLE I
GENERAL PROVISIONS
SECTION 1 RECOGNITION
The South Gate Division Management Association (hereinafter "Association") is the duly recognized employee organization for the Division Management Employees Unit of the City of South Gate (hereinafter the "City") employee in the following classifications only:
Building Official
Economic Development Manager
Deputy Director of Finance
Deputy Director of Human Resources
Deputy Director of Parks & Recreation
Deputy Director of Public Works - Field Operations Housing Manager
Parks Superintendent
Planning Manager
Risk Manager
Transportation & Capital Improvement Program Division Manager Water Resources and Development Division Manager
The parties have met and conferred regarding an extension to the existing Memorandum of Understanding (hereinafter referred to as "Agreement" or "MOU") and this amendment reflects the agreed-upon modified tertns of, and additional new terms to, the existing MOU. All terms and conditions of the existing MOU shall continue unless expressly modified herein. This Amendment No. 1 to the 2014-15 MOU, made this 8' day of March 2016, is entered into with reference to the following facts:
WITNESSETH:
WHEREAS, the South Gate Division Management Association, (hereinafter called the "Association" or the "D'MA"), is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee group defined by Resolution No. 4508 (Employer-Employee Relations Resolution) (8.2.7) of the City Council of South Gate, and subsequent amendments to the same, as "All employees in the Pay Plan F (Unclassified Division Management Employees);" and,
WHEREAS, the Association and the City's Representatives have met and conferred in good faith over the wages, hours, and other conditions of employment for the employees represented by the Association and have reached an understanding as to certain recommendations to be made to the City Council of South Gate.
NOW, THEREFORE, the City's Representatives and the Association hereby agree as follows:
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SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
It is the intent of the City and the Association that this Agreement supersedes all previous agreements or understandings either written or oral and contains the entire understanding between the parties on all matters subject to the Meet and Conferprocess. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by the duly authorized representatives of tl'ie City and the Association.
SECTION 3 NONDISCRIMINATION
The City and Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, political beliefs and affiliations, or union affiliation of any person or from any other reason prohibited by law.
SECTION 4 DURATION
This MOU shall be effective from July 1, 2025, through June 30, 2026, and shall supersede the SGDMA MOU 2021-2025. This successor MOU shall become effective only after the ratification by the members of the Association and after the first full pay period after adoption by the City Council of the City of South Gate.
SECTION 5 DUES DEDUTION
The City will provide automatic payroll deduction for the collection of association dues, if so requested by the Association.
SECTION 6 SEVERANCE PLAN
Employees may be terminated without cause or laid-off in the sole discretion of the City provided that the City shall give the Employee one (1) month written notice of its intent to do so, and upon the effective date of such termination, shall pay the employee a severance payment as follows:
1. For any employee employed by the City as of September 1, 2003, or thereafter, and not identified in Section 2 below, the severance payment shall be equal to three (3) months of his or her base salary upon termination, less ordinary deductions for taxes and other customary withholdings.
2. For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022, to on or before March 30, 2023, the severance payment shall be equal to six (6) months of his or her base salary upon termination, less ordinary deductions for taxes and other customary withholdings.
Acceptance of the severance payment will be consideration by the City in exchange for a 4 ll'l
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full and complete settlement of all employment disputes between the employee and the City, and the employee will execute a severance agreement to this effect prior to and as a condition of receiving the severance. The employee will not be eligible for the notice period or severance pay described above ifhe/she is terminated for cause as defined below or if employee fails to execute severance agreement.
If the City determines that it has cause to ten'ninate an employee, it shall provide the employee with written notification detailing the cause for teri'nination. The employee shall have ten (10) working days to challenge the cause for termination. If the City, in its sole determination, is not persuaded by the challenge to rescind the termination, the employee shall be ten'ninated. The employee may then appeal the ten'nination in accordance with Article V, Section 3, Step 4. Any newly hired employee is not eligible for severance, or the grievance procedure outlined herein until he/she passes the probationary period or extended probationary period as defined in Article I, Section 13. However, when an employee who has passed his/her initial probationary period accepts a probationary appointment in a new classification, the employee retains the right to the severance pay and grievance procedure benefits under the terms outlined herein.
1. Termination for Cause. An employee may be terminated for cause in the event that the employee is:
a. Convicted of any illegal act involving personal gain to the employee; b. Convicted of any felony, irrespective of the charge; c. Convicted of any misdemeanor involving charges of moral turpitude, fraud or any act of misappropriation of public funds while working for the City, or; d. Found by the City Council, upon the recommendation of the City Manager, to have:
(1) Been in gross neglect or dereliction of his/her duties, including willful or repeated violation of Article V, Section 1.A. of this MOU; (2) Misappropriated any assets of the City; or
(3) Failed to accurately state his/her representations or warranties.
2. Written Notice.
A written document delivered to the employee by the Department Head or City Manager or his/her designee describing the reason(s) for the employee's teri'nination and the date that the employee will be terminated.
3. Notice period.
In the case of ternnination without cause, the notice period is intended as a time during which the employee can look for other employment while remaining on the City payroll. The employee will be available and will cooperate in helping to transition his/her work assignments during this period, however, the majority of the notice period will be utilized for job search. With mutual agreement between the employee and the City, some or all of the notice period may be converted into severance pay based on the employee's salary. For instance, if the employee earns a salary of $1,000 per week and it is mutually :greed to convert two (2) weeks of notice into a cash 5 tM
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payment, a total of $2,000 would be added to the employee's severance benefit and he/she would leave the City payroll two weeks earlier than required by this MOU. If the employee accepts another job during the notice period and presents the City with a valid offer of employment, the time remaining in the notice period from the employee's hire date with the new organization will be converted to a severance payment as described in this paragraph.
SECTION 7 DRESS CODE
The parties agree that City dress codes shall be deterinined by management in accordance with business necessity and shall not be subject to meet and confer.
SECTION 8 ASSOCIATION BUSINESS
Elected Association stewards and officials will be provided a reasonable amount of time during normal working hours to conduct official Association business. This time will be recorded in accordance with Citypolicy. Time spent on official Association business shall not disrupt critical work schedules. Disputes about this policy will be resolved through good faith discussions between the City and the Association and will not be subject to the grievance procedure.
SECTION 9 USE OF CITY FACILITIES/VEHICLES
The City agrees that the Association may use City facilities to conduct meetings, provided that advance notice is given to the City, proper reservations are made for the use of the facilities to ensure availability and prevent scheduling conflicts, and that such use does not interfere with the normal business operations of the City. Employees who are required to participate in City sponsored or sanctioned activities outside oftheirnormal work hours or normal work days may be allowed to take an available City vehicle home the day(s) of the activity with the approval of their Department Director or the City Manager.
Additionally, employees may use available City vehicles during normal work hours, with the approval of their Department Director or the City Manager, to accomplish special assignments if their personal vehicle is not appropriate for the assignment or the assignment may damage their personal vehicle.
SECTION 10 EMPLOYE HANDBOOK
The Handbook will be updated at least annually and will be available in electronic fori'n.
SECTION 11 PROBATION PERIOD
A. Allemployeesnewtoapositionarerequiredtocompleteaprobationaryperiodofone (1) year (2080 hours) which is considered to be an extension of the examination process and an opportunity for the newly placed employee to demonstrate abilities and skills necessary for successful work perfon'nance in the particular classification and position.
B. Any appointment to a position from an eligibility list is subject to a probationary period of one (l) year, equivalent to a total of 2,080 actual work time hours including 6 )2,,l
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earned holiday leave, before an appointee acquires a pen'nanent status in the position.
Two weeks prior to the end of the probationary period, the Department Head shall forward the probationary employee's Performance Appraisal to the Personnel Officer recommending that the employee be givenpermanent status ifhis/her service has been satisfactory, recominending an extension of the probationary period, or recorni'nending that the employee be ternninated or returned to the position vacated.
The initial probationary period may be extended an additional six (6) months at the discretion of the Department Head in the documented cases where work performance cannot be fully evaluated within the initial six (6) month period.
C. An employee may be removed by the appointing authority at any time during the probationary period by submission of a termination notice to the Personnel Officer, and the same shall not be subject to the Grievance Procedure. The Persoru"iel Officer may restore any employee so terminated to the eligibility list from which he/she was removed if there appears to be an adequate basis for anticipating the employee might render satisfactory service in another department. When a present employee with perinanent status accepts probationary appointment in a new classification, whether or not promotional, that employee retains the right to return to the position vacated.
1. Employee Performance Review
a. All probationary employees shall be reviewed by their supervisors after six (6) months of service and after twelve (12) months of service. (This includes new employees and employees serving a probationary period after a promotion or transfer.)
b. Each employee shall receive an annual performance review that shall be due on the anniversary of the date that he/she passed probation in his/her current position.
c. If an employee is not timely evaluated on or before twelve (12) months after hire, then his/her probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend by a set period of time.
No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Personnel Officer can result in permanent status in the position.
SECTION 12 WORK SCHEDULES
The 4/10 work schedule shall continue and may be re-evaluated each year of this Agreement. The City agrees to Meet and Confer with the Association on any proposed changes to the 4/10 schedule.
SECTION 13 ELECTRONIC CHECK DEPOSIT
The City will continue to provide an electronic check deposit program.
SECTION 14 SUBSTANCE ABUSE
The City and the Association agree that it is appropriate to provide a drug-free workplace through the establishment of policies and procedures that clearly prohibit the use of 7 l'2,,%
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alcohol and other drugs and their influence on the job. The Association will cooperate with the City in implementing its Drug and Alcohol Abuse Policy. The City agrees to Meet and Confer with the Association prior to making any significant modifications to its Drug and Alcohol Abuse Policy.
SECTION 15 SMOKE FREE POLICY
All City buildings and vehicles shall be considered "smoke free" areas.
SECTION 16 TRAINING STANDARDS FOR EMPLOYEES WHO SUPERVISE Performance standards for employees who supervise shall be amended to include forty (40) hours of approved supervisor training per year on City time. This standard shall be imposed through the nori'nal aru'iual performance evaluation process. The Personnel Department will regularly publish training opportunities.
ARTICLE 17 ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENTATIONS AND
INFORMATION
The City agrees to provide no less than 10 calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means. In accordance with California Governrnent Code Ep 3557, access shall be determined by mutual agreement between the City and the Association. Access could be effectuated by representational attendance or correspondence, although the parties' preference is generally correspondence over representational attendance. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.
The City agrees to provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire. The City also agrees to provide the association with a list of the foregoing infornnation for all bargaining until employees at least one every 120 days at the Association's written request.
Notwithstanding the foregoing, the City shall not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement-related functions. For purposes of this MOU, "law enforcement-related functions" includes any City police department employees and any City code enforcement officer. The City will not provide the Association with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).
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ARTICLE 18 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL
DOCUMENTS
Employees being served with City documents that contain a fon'nal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my riglits."
ARTICLE 19 EXCLUSION FROM CIVIL SERVICE RULES AND REGULATIONS DMA employees are "at will" and excluded from the City's civil service rules and regulations pursuant to Section 1.24.105 of the South Gate Municipal Code SECTION 20 LABOR MANAGEMENT ROUNDT ABLE COMMITTEE At the request of any party and at least proposed by the Personnel Officer on a quarterly basis, the parties shall convene a Labor Management Roundtable Committee comprising of at least one member of each of the City's recognized labor associations to address issues of concern to all parties and, if necessary to address concerns specific to one association, to convene a subcommittee meeting following the joint Labor Management Roundtable Committee. The purpose of the Labor Management Committee meetings shall be to discuss issues of interest to employees, issues of interest to management, issues of mutual interest, and to provide insight to all members of planned or proposed changes affecting employee working conditions.
At least one week in advance of the schedule meeting, associations shall provide topics for discussion at the Labor Management Roundtable Committee to permit time for parties to prepare for a discussion; however, members in attendance may bring up any topic for discussion during the meeting. A summary agenda will be provided by management with bullet points of items to discuss, the last of which shall be "discussion of non-agendized matters." Each association is permitted to send at least two members, the preference of which is that the President and Vice President of each association should attend. If it is necessary that additional association members attend, at least one week in advance, the association shall inform the Personnel Officer of that need and Personnel Officer should accommodate any reasonable request based on the articulated need for more than two members of the association to attend.
If, during the Labor Management Roundtable Committee, it becomes apparent that there are issues specific to one association to address with the City separately, the affected association shall request such a meeting, which shall occur immediately following the general session of the Labor Management Roundtable Committee or within one calendar week thereafter, as agreed between the parties.
It is encouraged that any issues that arise involving the Association are addressed as soon as practicable by meeting with the Personnel Officer. It is recognized that most issues can be resolved quickly and informally using this approach rather than waiting for the more formal Labor Management Roundtable Committee to convene.
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ARTICLE II
SALARIES AND ALLOWANCES
SECTION 1 PAY INCREASE IMPLEMENT ATION
The City shall make payroll changes for step increases, pay increases, and other compensation changes at the start of the nearest pay period, subject to the Personnel Officer's approval and/or adjustment (due to special circumstances).
SECTION 2 WAGES:
For Fiscal Year 2025-26 and effective September 7, 2025, the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by three percent (3.0%).
SECTION 3 MERIT BASED INCREASES
All employees will be placed on the same evaluation schedule with either annual or semi- annual evaluations. Advancement to a higher Step in each Grade will be contingent upon an overall satisfactory or exemplary performance evaluation. Merit increases must be recommended by the employee's Department Head and approved by the City Manager.
Should a Department Head fail to complete an evaluation through no fault of the employee, the employee will automatically receive any regularly scheduled increase.
Department Heads are required to take affiri'native action to withhold a salary step increase, with this action to be approved by the City Manager. The withholding of a salary step increase may be reviewed by the Personnel Officer ifthe employee requests. Further, if a supervisor rates an employee unsatisfactory and fails to withhold a step increase, the supervisor shall be required to justify the lack of action. Withholding a salary increase is an administrative action, and not disciplinary, and therefore is not a subject to appeal.
When an employee is given an unsatisfactory performance evaluation and a salary step withheld, the employee and the supervisor shall meet and establish goals and a plan to improve the performance. When an employee meets the goals of the performance improvement plan the employee will then earn a step increase.
SECTION 4 WORKING TEMPORARILY IN A HIGHER CLASSIFICATION
RIGHT TO ADDITIONAL COMPENSATION
Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below.
CONDITIONS PRECEDENT FOR ACTING PAY COMPENSATION
1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
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a. If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a peri'nanent employee occupying said position, the requisite time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the coiui'nencement of the appointment start date.
b, If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary absence of a permanent employee, such as illness, vacation, leave of absence, absence without leave, or acting in a higher position, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at whicli time the acting pay shall be retroactive to the cominencement of the appointment start date.
2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director.
Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Personnel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Personnel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Personnel Officer.
3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.
SECTION 5 EDUCATIONAL REIMBURSEMENT
The individual educational reimbursement cap is $2,500 annually ($3,000 for private universities). The City shall reasonably budget for this expense based upon past use experience. Full-time City employees who have successfully passed their initial probation period are eligible to participate in the educational reimbursement plan. To be eligible for reimbursement, the employee must obtain a grade of "C" or better and submit a grade slip or other evidence of successful course completion and appropriate invoices and/or receipts. If the employee leaves voluntarily or separates from the City within two years from the date of completion of a course for which reimbursement is received, the City may withhold the amount of such reimbursement from the employee's final check.
For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022, to II
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on or before Marcli 30, 2023, the annual individual educational reimbursement cap is up to $3,500 for public, private, or recognized professional organizations.
SECTION 6 AUTO ALLOWANCE
Employees shall be required to 'furnish their own automobiles for City business.
Employees will be compensated for the use of their automobile at a rate of four liundred dollars ($400) per month, which shall be taxable as compensation.
For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022, to on or before March 30, 2023, in lieu of the City providing a vehicle or paying mileage reimbursement for City business use, the employee may receive up to $500 per month as a vehicle allowance. The employee shall aru'iually present proof of vehicle insurance and that such coverage shall cover the vehicle operation for city business purposes by said employee. The employee shall also participate in the City's annual DMV verification program.
SECTION 7 COMMUNICATION DEVICES
Unless other arrangements are approved by the City Manager, all DMA members shall elect to either receive a City - issued cellular telephone device or a $100 per month allowance for his/her personal technology device use. Such allowance shall be taxable as compensation.
For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022 to on or before March 30, 2023, in lieu of the City providing a cell phone, the employee shall receive $120 per month for communication expenses. The employee understands the monthly records of calls may be subject to the California Public Records Act relating to City business items. The City Attorney's Office will make any deteri'nination of applicability.
SECTION 8 BILINGUAL PAY
Effective January 7, 2018, DMA members will be eligible for bilingual pay of $125.00 per month. To receive the bilingual pay, a DMA member will need to get approval of his/her Department Director, based upon the extent of his/her usage of the bilingual skills, and pass the appropriate bilingual skills test.
SECTION 9 EDUCATION INCENTIVE PAY
As long as the degrees at issue are not part of the requirements of the classification, employees who have or obtain a B.A. or B.S. will be paid an additional $50 per month.
Employees who have or obtain a post-graduate degree will be paid an additional$l25 per month.
For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022, to on or before March 30, 2023, the City shall pay $225 per month for any employee that has obtained a master's degree or higher from a fully accredited university. 12 l'2,1
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SECTION 10 LONGEVITY PAY
The City recognizes tliat as an employee's service with the City increases, the employee's knowledge of operating procedures, productivity and ability to provide outstanding service to the citizens of South Gate increases. For these reasons, the City shall provide a flat monthly rate longevity pay whicl'i is added to the eligible employee's base pay. Longevity pay is determined once per year on the employee's anniversary dates pursuant to the following table:
Years of Service
Pay
Grade Classification 10-14 "i s-"i g 20+
650 Building Official $245.93 $307.42 $368.90
650 Economic Development Manager $245.93 $307.42 $368.90 659 Deputy City Engineer - $288.58 $360.73 $432.87
650 Deputy Director of Finance $245.93 $307.42 $368.90 650 Deputy Director of Human Resources $245.93 $307.42 $368.90 655 Deputy Director of Parks & Recreation $218.28 $272.84 $327.41 714 Deputy Director of Public Works - Field Operations $288.58 $360.73 $432.87 713 Housing Manager $229.49 $286.86 $344.24
656 Parks Superintendent $208.94 $261 .18 $313.42
713 Planning Manager $229.49 $286.86 $344.24
712 Risk Manager $255.46 $319.32 $383.lg
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ARTICLE III
FRINGE BENEFITS
SECTION 1 MEDICAL & DENTAL INSURANCE
A. Medical Insurance
The City will pay an insurance premium that is equivalent to the Kaiser HMO rate for the Southern Califoniia-Los Angeles area. Employees who select a more expensive plan will be responsible for any difference in premiums. The City will provide an amount equal to the one party Kaiser HMO rate for the Southern California - Los Angeles area, per month, in deferred compensation to those employees who do not purchase health insurance, but can show proof of medical insurance coverage on an annual basis. The current Kaiser - Southern California rate can be requested from the Human Resources Office.
For the Risk Manager and/or the Housing Manager hired on or after Octoberl, 2022, to on or before March 30, 2023, they will receive up to $1,000 + 1.OO% of his/her aru'iual salary, monthly towards mandatory health and dental coverage, which includes the required CalPERS monthly contribution. In lieu of this benefit, Employees may receive an amount in cash up submittal of waiver and proof of enrollment in an alternative group health plan and annually each year after; however, in lieu cash out is limited to $900 per month.
B. Dental Insurance
Dental Health Services (DHS) plans will no longer be available for bargaining unit employees.
The current dental plan year is March 1, 2014 to February 28, 2015. The City currently pays the maximum amount of $48.70 towards an employee's dental plan coverage. This rate of $48.70 is equivalent to Dental Health Services (DHS) HMO plan family coverage rate.
Effective March 1, 2015, the City will pay the maximum amount equivalent to the current DHS HMO plan family coverage rate of $48.70 or Delta Dental HMO plan family coverage rate, whichever is higher. Employees who select more expensive plans will be responsible for any difference in premiums. The City will provide an amount equal to the Delta Dental HMO plan family coverage rate per month in deferred compensation to those employees who opt out of the City's dental insurance. Employees must show proof of alternate dental insurance coverage on a yearly basis in order to receive payment provided herein.
For the remainder of the 2014/15 contract and until the 2015/16 contract is approved, the City will cover the increase in cost of switching from Dental Health Services PPO and EPO plans to the equivalent Delta Dental PPO plans. 14 281
Example 1: Employee A, currently enrolled in Dental Health Services PPO family coverage has a premium rate of $186.15; the City pays $48.70; and the employee is responsibleforpaying$l37.45. EmployeeAcanswitchtoDeltaDental PPOfamily coverage with a premium rate of $211.30; the City will pay $48.70, plus $25.15 (the difference between the employee's new premium level of responsibility of $162.60 and the old level of responsibility of $137.45) for a total of $73.85; and the employee is responsible for paying $137.45.
Example 2: Employee B, currently enrolled in Dental Health Services EPO employee only coverage has apremium rate of $40.05; the City pays $19.95; and the employee is responsible for paying $20.10. Employee B may elect to switch to Delta Dental PPO employee only coverage with a premium rate of $68.88; the City will pay $19.95, plus $28.83 (the difference between the employee's new premium level of responsibility $48.93 and the old level of responsibility of $20.10) for a total of $48.78.
C. Vision Plan
Effective on the first of the month as soon as feasibly possible following the date the City Council approves this MOU, the City agrees to contribute up to the monthly dollar amount equal to the VSP Choice Plan B Copay: $10/10 employee plus family coverage rate toward vision plan coverage.
For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022 to on or before March 30, 2023, the City will pay the employee and up to two (2) dependents party HMO plan premium.
D. apt Out
Employees who have not opted out of City-provided Medical and Dental insurance prior to July 1, 2023, and who later opt out of City-provided Medical and Dental insurance shall receive one-half of the premium amount for which they would otherwise qualify. For those current employees who opted out prior to July 1, 2023, shall continue to receive 100% of the premium amount for which they would otherwise qualify.
SECTION 2 LIFE INSURANCE
The City shall provide $100,000 Life and Accidental Death and Dismemberment Insurance for all employees represented by the Association. However, at age 65, coverage is at 65%; at age 70, coverage is at 40%; at age 75, covetage is at 25%; and at age 80, coverage is at 15%.
SECTION 3 VOLUNT ARY LIFE INSURANCE
Eligible employees will be offered the opportunity to purchase life insurance in addition to the life insurance paid for by the City. Currently the voluntary life coverage is provided by The Guardian and establishes the terms and conditions regarding coverage.
If, due to a change in insurance carrier or other reasons, any significant features of the 15 l ')D
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Plan need to be changed, the City will Meet and Confer with the Association before the changes are implemented.
SECTION 4 SECTION 89 CONSIDERATIONS
The City shall comply with IRS Section 89 requirements as mandated by Congress and, should tliere be any changes regarding said implementation which would require Meet and Confer, then the City shall notify the Association imtnediately.
SECTION 5 RETIREMENT
A. Employee Contributions
All employees will pay the employee's 8 % contribution to the retirement plan.
Starting on July 1, 2023, all represented Unit members, "Classic" and "PEPRA" as defined by CalPERS, shall pay an additional 1% towards the employer CalPERS contribution as cost sharing to be implemented by a CalPERS contract amendment and an additional 1% (for a total of 2%) starting July 1, 2024.
B. Additional Retirement Benefits
The following are benefits provided to employees and their eligible dependents/beneficiaries under the terins of the retirement plan:
1. One-Year Final Compensation - Final compensation is calculated using the last (or highest) twelve consecutive monthly pay rates;
2. Post-Retirement Survivor Benefit - Provides that upon death of a member after retirement, an allowance shall be continued to the surviving spouse;
3. Post-Retirement Survivor Benefit to Continue After Remarriage - Allows the survivor allowance to continue even though survivor of a retiree re- marries;
4. Continuation of Death Benefits After Remarriage - Provides that the Death Benefits being paid to a spouse of a member who died prior to retirement will be continued in full should the spouse remarry.
5. The "2.7% at Age 55" Retirement Formula
benefit;
Calculation of retirement
6. The 1959 Survivor Benefit at Level 4 - Higher level of benefits than the Basic or other levels of the benefit;
7. Military Service Credit - Credit of maximum of four years of service;
8. Unused Sick Leave Credit - Receive additional service credit at the rate of
0.004 years of each day of sick leave.
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C. Retiree Medical Insurance
Tl'ie City's DMA retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those who retired prior to July 1, 2023, and who retired witli twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fi'fty dollars ($150) per month. For those employees who retire on or after July 1, 2023, and retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall receive a medical insurance benefit not to exceed three hundred dollars ($300) per month. This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for him-/herself and his/her dependents, as currently provided at his/her own expense.
The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "Intent to Retire" packet.
SECTION 6 DEFERRED COMPENSATION
The City currently offers several deferred compensation plans to employees and said plans offer a savings plan only. Enrollment in such plans is on an ongoing basis.
Effective the first full pay period after the City Council approves this MOU, the City shall match one hundred percent (100%) of employee contributions toward deferred compensation plans up to a maximum of twelve hundred dollars ($1,200) per calendar year.
For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022, to on or before March 30, 2023, the City shall match employee contribution up to $550 per month.
SECTION 7 RISK MANAGEMENT PROGRAM
The City is concerned with safety, loss reduction, and increased productivity. To address these issues, the City will meet periodically with the Association to discuss plans that will focus on issues such as, the non-use of sick leave, safe driving record, and safety/loss recovery suggestion award program.
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SECTION 8 PHYSICAL FITNESS
Each employee shall receive a membership at the South Gate Sports Center in the South Gate Park. The membership will be detennined in the following maru"ier:
A. Employees shall receive a family membersl'iip (spouse and dependent children) that will be provided at no cost and includes access to the golf course and swimming pool.
This membership includes free access to all Park facilities that are open to the public, but excludes City sponsored classes that require a fee.
SECTION 9 LONG-TERM DISABILITY
As of June 1, 2018, the City pays for the Long-Term Disability coverage through Reliance Standard, or whichever company the City may contract for similar services in the future.
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SECTION I HOLIDAY LEAVE
A. Entitlement
ARTICLE IV
LEAVE POLICIES
Employees who are on the payroll as of July 1st of each Fiscal Year shall be credited with appropriate Holiday Leave per Section B (below). Employees in the bargaining unit hired after the 1st of each Fiscal Year will be credited as of the date of hire with ten (10) hours of holiday leave for each designated holiday remaining in the Fiscal Year. Although the holiday leave is credited, it is not considered earned until the day of the observed holiday.
Entitled employees may be absent from work but nevertheless receive compensation at the employee's then current rate ofpay on either (a) theholidays designated below; or (b) days otherwise scheduled in advance and agreed upon between the employee's supervisor and the employee.
Entitled employees shall earn Holiday Leave in increments of ten (10) hours if the employee is working or on paid leave both as the holiday occurs during the calendar year, and at the commencement of the day following the designated holiday. Holiday leave time used shall be deducted from the hours credited in increments according to the employee work schedule.
City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal year. Any unused Holiday hours not used at the conclusion of the last full pay period of each fiscal year are deemed lost, and employees shall not receive compensation for any unused Holiday hours.
B. Each fiscal year, the City shall observe the following named holidays:
New Year's Day
Martin Luther King's Birthday
President's Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Day January IS'
Third Monday of January
Third Monday of February
Last Monday in March
Last Monday of May
July 4fh
First Monday of September
Fourth Thursday of November
December 24I'1
December 25f'l
Each fiscal year, all employees shall receive 130 hours of paid Holiday Leave subject to "Section IA, Article IV." The City will observe the ten (10) days set forth above, plus thirty (30) additional hours each year. The thirty (30) additional hours will be applied to effectuate a full week of closure between Christmas and New Year's Day.
In the event that less than thirty (30) hours is necessary to effectuate the full week of 19 286
closure, the balance of the 30 hours will be observed as floating day(s). In the event 30 hours is insufficient to cover the holiday closure period, employees will use accrued vacation, compensation, administrative leave, and/or leave without pay.
The City will review the holidays above in April of each year and deten'nine the date each holiday will be observed for the coming fiscal year, which shall be issued by the Personnel Officer as the Holiday Schedule.
Employees are required to be off work on City-observed holidays. Any such employee who works on an observed holiday shall earn hisfher regular rate of pay and defer any unused holiday hours to be used at a later time.
Holidays that fall on Friday or Saturday become floaters. Holidays that fall on Sunday are observed on Monday. If two-day holidays fall on Sunday/Monday, then holidays are observed Monday/ Tuesday.
An employee shall not receive compensation for holidays that occur afterhis/her date of separation.
SECTION 2 VACATION
A. Each employee shall earn vacation in the following manner:
One (1) to four (4) years of service: 80 hours annually Five (5) to nine (9) years of service: 120 hours aru'iually Ten(10)ormoreyearsofservice: 160hoursannually
For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022 to on or before March 30, 2023, he/she shall receive 120 hours per year at 4.62 hours per pay period until reading ten (10) or more years of service with the City at which time he/she will be entitled to receive 160 hours per year.
Accrued but unused vacation may be carried over from year to year; however, the maximum allowable vacation accrual is three hundred and fifty (350) hours. If an employee's vacation accrual is at the maximum level, the employee will not accrue additional vacation until the employee's vacation accrual is below the maximum level.
B. BynolaterthanDecemberl5ofanycalendaryear,anemployeewishingtoconvert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of his7her cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forth (40) hours and shall be paid the first payroll period in the following May.
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SECTION 3 SICK LEAVE
A. Entitlement
Employees shall earn one hundred twenty (120) hours of sick leave per year prorated by pay period.
B. Sick Leave Program
1. Sick leave accrual shall remain unlimited.
2. Illness or Injury Leave Notification and Verification Procedure: In the event of an absence due to illness or injury, employees must notify their Department Head (or the Department Head's designee), prior to or at the beginning of their shift starting time. Employees who are incapacitated and cannot notify their Department Head, must notify their Department Head at the earliest possible time and may have a spouse or other person contact their Department Head witliin the time limit specified above.
3. Employees who become ill or injured while working on the job must request approval of their Department Head to leave work. Those employees injured on the job must file a "First Report of Injury" form and receive authorization for medical treatment from their Department Head.
The notification to the Department Head must include a reason for the absence that is in accordance with current law and an estimated return date. This information will be logged by the department for 'future reference.
4. Failure to notify the Department Head, as stated in Section (3)(B)(1), will result in the forfeiture of the sick leave for the period of absence and may result in disciplinary action.
5, All absences not due to illness or injury must be requested as noted in the appropriate leave sections.
6. Verification - In the event that employees have, in his/her Department Head's sole opinion, an absenteeism problem, an excessive use of sick leave, or have a suspicious absence or group of absences, the Department Head may attempt to verify the absence or proper use of sick leave by any of the following:
e.
Telephoning the employee at home (or appropriate location).
Visiting employee at home.
A sub-rosa investigation.
A medical evaluation at the City's expense, or
A medical evaluation at the employee's expense (A licensed physician must complete the medical evaluation that must include the reason for the absence and permission to return to work. 21 288
7. Where an excessive absenteeism pattern has been established without clear justification for said leave, a Department Head may schedule a counseling session to deterinine the reasons or justification for the excessive use. The Personnel Officer shall conduct the counseling session and other attendees of the session shall include the employee, a representative chosen by the employee, if any, and the depaitment representatives. This session shall be documented by a written summary of the abuse problems and discussion. The Persoru'iel Officer shall issue the suminary and a copy distributed to attendees of the session and to the affected employee's Personnel file. The purpose of the counseling session is to improve the employee's attendance and/or warn the employee about the consequences of continued abuse. If there is a specific abuse that warrants discipline, or if the above counseling session does not correct abuses, then action will be taken to correct the abuse problem through the discipline process.
8. For the Risk Manager and/or the Housing Manager hired on or after October 1, 2022, to on or before March 30, 2023, up to 24 hours of Personal Emergency Leave may be taken in any fiscal year. Such hours shall be taken out of the employee's sick leave bank.
C. Sick Leave Advances
The City will not provide advances in sick leave when an employee has depleted his/her sick leave balances.
D. Sick Leave Payoff
Sick leave accrual shall remainunlimited. An Employeehired on or beforeDecember 31, 1992, shall be eligible to cash out all accrued sick leave at the hourly rate, as defined below, of FLSA hourly pay of the Employee then existing on the date of his/her retirement from employment. For employees hired on or after January 1, 1993, and on or before June 30, 2022, the sick leave "payoff" shall be limited to 600 hours at the hourly rate, as defined below, of FLSA hourly pay of the Employee then existing on the date of his/her retirement from employment. Employees hired on or after July 1, 2022, shall not be entitled to sick leave cash-out option upon separation.
Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed by the City's CalPERS contract. Employees whose separation is for any reason other than retirement, termination without cause, or lay off, shall not be entitled to any sick leave cash out.
In order for an employee to qualify for this Sick Leave Payoff provision, the employee must have at least 15 years of continuous service to the City of South Gate and retire from both the City and from CalPERS.
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The calculation of the hourly rate a retired employee shall receive under this payoff provision shall be as follows:
15 - 19 years of service - 50% of hourly rate base rate. 20 - 24 years of service - 75% of hourly rate base rate. 25 years or more of service - 100% of hourly rate base rate.
SECTION 4 PAY FOR JURY DUTY
A. AllemployeeswhoarecalledforJuryDutyshallbeentitledtoamaximumoften(10) days at full salary. Employees are obligated to infonn the Judge that City policy is to only pay ten (10) days of service. Should an employee, through no fault of his/her own, be required to serve beyond ten (10) days, the employee will receive full salary for Jury Duty service up to an additional twenty (20) days. Exceptions may be made to this policy by the City Manager in very unusual circumstances.
B. Attendance
A record of attendance from the Court is required and shall be turned in weekly for payroll purposes. Such record is available from the Court Administrator's office.
Employee on shifts other than the normal shift shall have off the equivalent time to actual jury service plus reasonable travel time to and from their places of residence; likewise, employees on the regular work shift, who serve on night court juries will have offthe actual time of service plus reasonable travel time to and from their places of residence. Employees who serve on jury duty for partial days are expected to report to work if they are released from jury duty within a reasonable amount of time to report back to work (e.g. an employee on day shift serving on South Gate Court dutywouldbeexpectedtoreturntoworkifexcusedpriortoorat4:OOp.m. However, an employee serving on jury duty for example, in downtown Los Angeles excused at 4:00 p.m. would not be expected to return to work that day). If the option for call-in service is available and workable (the court is within thirty (30) minutes travel time of South Gate), an employee should request call-in status.
SECTION 5 LEAVE WITHOUT PAY
A leave of absence without pay, up to ninety (90) calendar days in any calendar year, may be granted upon the approval of the Department Head and the Personnel Officer. Leaves of absence in excess of ninety (90) calendar days must be approved by the Personnel Officer, provided, however, that for leaves of absence other than for illness or injury during any three (3) calendar year period shall not exceed one hundred eighty (180) calendar days. In the case of a bona fide illness or injury, a medical leave may be granted up to a maximum of one (1) year upon the approval of the Department Head and the Personnel Officer. In the event that an employee has no eligible leave to cover an absence from work, authorized or unauthorized, the Department Head and the Personnel Officer 23 290
may approve the short term leave with due consideration of the employee's work record (with possible counseling or discipline considerations). All applications for leaves of absence without pay shall be submitted to the Personnel Officer on a Personnel Transaction Forin. The City shall have sole discretion whether or not to grant a leave of absence without pay and the City's decision is not subject to grievance and/or appeal.
A. Catastrophic Illness/Injury
If an employee is diagnosed by a qualified Doctor of Medicine to have a catastrophic illness (in a state of total disability from cancer, heart attack, AIDS, etc.) or has a catastrophic injury (an injury that totally disables an employee for an extended period of time), the employee may be entitled to extended health benefit coverage (Medical, Dental, & Life ins.) provided by the City (in the same fashion normally provided to the employee). This benefit requires the approval of the Department Head and Personnel Officer, and is applicable when the employee's leave benefits are exhausted, under the following formula:
SECTION 6
Years of Full-Time City Employment
After (2) years
After 4) years
After (7) years
After (10) years
MATERNITY LEAVE
Months of Continued Coverage
3 months
6 months
9 months
12 months
The application of the maternity leave policy is subject to applicable State and Federal laws. The employee may use accrued paid or unpaid leave as appropriate SECTION 7 FAMILY MEDICAL LEAVE ACT
Pursuant to State & Federal law, the City will provide family and medical care leave to eligible employees. The following provisions set forth employees' rights and obligations with respect to sick leave. Rights and obligations that are not specifically set forth below are set in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "Leave" under this provision shall mean leave pursuant to the FMLA and CFRA.
A. Amount of Leave - Eligible employees are entitled to a total of 480 hours of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12-month period to determine how much leave has been used in deterinining how much leave a member is entitled to. 24 13q
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B. Use of Accrued Leaves While on Leave - If a member requests leave for any reasons permitted under the law, that person must exhaust all accrued leaves in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave.
SECTION 8 BEREAVEMENT
Employees shall be allowed time off for the death of an iinmediate family member, which may be taken any time within ninety (90) days of the family member's passing. This time may be taken non-consecutively at the discretion of the employee. The ten'n "irni'nediate family" is defined as the spouse, domestic partner, child, parent, sibling, grandparent, grandchild, or parent-in-law of the employee or other person as approved by the City Manager or his/her designee.
Upon providing documentation of the death of an immediate family member, the employee shall be entitled to forty (40) hours of bereavement leave, not chargeable to any other leave. If an employee does not provide documentation of death, the employee's time off shall be chargeable first as sick leave and then to any other remaining, accrued leave balance. If the employee uses the bereavement leave consecutively and wishes to extend that leave to another forty (40) hours, he/she may take such additional consecutive leave chargeable as sick leave.
Documentation of death must be provided within 30 days of the first day of the employee's bereavement leave. Such documentation includes, but is not limited to, a death certificate, obituary, or written verification of death, burial, or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. The City shall keep this documentation confidential and shall not disclose it except as necessary to internal personnel or counsel, or if required by law.
Failure to provide documentation will result in any time off to be charged against the employee's sick leave and then to any other remaining, accrued leave balance.
SECTION 9 JOB RELATED INJURY OR ILLNESS
In the event of an absence due to a job related injury or illness, any employee who is entitled to disability payments under Workers' Compensation laws shall receive from the City the difference between such disability payments and his/her full salary for the period of absence up to a maximum of four hundred eighty (480) hours for any one injury or illness. This period of four hundred eighty (480) hours shall not be deducted from accumulated sick leave. However, any relapse at a later date shall not be compensable under this provision, although the same may be chargeable against accumulated, unused sick leave, if any.
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SECTION 10 MILIT ARY LEAVE
Military leave is restricted to nori'nally required active duty and does not apply to such matters as weekend drills, etc. Leaves of absence for active military training, service, or other active duty obligations shall be granted in accordance with California and Federal law. Applicable laws shall govern compensation, reemployment, seniority and other rights and privileges. In order to verify the right to such leave, the employee shall cause a copy of his/her orders to and from military duty to be filed with the City's Persoru'iel Officer. Military Leave is recorded on the employee's time sheet and approved by the Department Head. Employees are entitled to receive a maximum of eighty (80) hours of paid leave per fiscal year for annual military training. Employees are entitled to receive up to an additional thirty (30) days (300 hours) of paid militaiy leave if they are called to active duty (other than annual training) in the National Guard or one of the brariches of the U.S. Military.
SECTION 11 ADMINISTRATIVE LEAVE
A. Employees will be provided Administrative Leave of eighty (80) hours per year.
Employees may carry over unused Administrative Leave to the following fiscal year, but at no time shall an employee maintain a balance of Administrative Leave greater than one-hundred and sixty (160) hours. No administrative leave shall accrue beyond the established one-hundred and sixty (160) limited until the leave balance falls below that limit.
B. By no later than December 15 of any calendar year, an employee wishing to convert a portion of his/her future accumulated leave to cash out at the hourly rate of base pay then existing, shall notify the Personnel Office in writing on a form to be supplied by the City of his/her cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. Said employee shall be entitled to request a cash distribution ofup to eighty (80) hours and shall be paid the first payroll period the following May.
C. FortheRiskManagerand/ortheHousingManagerhiredonorafterOctoberl,2022, to on or before March 30, 2023, the amount of leave that may be accumulated at any one time is increased to one hundred (100) hours. However, upon reaching such maximum accumulation, the employee shall cease earning additional administrative leave hours or may choose to cash out up to 80 hours upon his/her anniversary date. 26 1!l
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ARTICLE V
DISCIPLINE & PROBLEM RESOLUTION
SECTION l DISCIPLINE PROCEDURF,
A. Causes for Discipline
The following are examples of conduct, which shall constitute cause for disciplinary action up to, and including discharge of an employee or any candidate whose name appears on any eligibility list:
1. Willfully or corniptly making any false statements, certificates, marks, ratings, reports, failing to disclose material facts or in any manner corni'nitting or attempting any fraud.
2. Incompetence.
3. Inefficiency.
4. Neglect of duty.
5. Insubordination.
6. Dishonesty.
7. Violation of City's Drug Free Work Place Policy.
8. Intemperance.
9. Absence without authorized leave.
10. Convictionofafelonyorconvictionofamisdemeanorinvolvingmoralturpitude.
A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this Section.
11. Immorality.
12. Discourteous treatment of the public or other employees, including sexual harassment.
13. Improper political activity.
14. Willful disobedience.
15. Misuse of property owned by, leased to, or under the charge of the City.
16. Violation of any of the prohibitions set forth in Governrnent Code Sections 1090 e. and Section 1126. (Related to conflict of interest activities).
17. Refusal to take and subscribe any oath or affirmation that is required by law in connection with employment.
18. Any other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the City, its officers or employees.
19. Injury to persons.
20. Waste of material.
21. Advocatingviolentoverthrowofgovernrnent. (GoverninentCodeSectionl028) "It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is knowingly a member of the Communist Party or of an organization which during the time of his/her membership he/she advocates overthrow of the Governrnent of the United States or of any state by force or violence."
22. Any unauthorized use of City uniforms.
23. Any violation of City or departmental policies and rules.
24. Violation of City's Discrimination/Harassment Policy. 27 \t-17,
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B. Disciplinary Action
The Personnel Officer or appropriate appointing autliority may take disciplinary action against an employee for one or more of the causes for discipline specified herein above in 1.A. The term "disciplinary action," shall be limited in meaning to any of the following:
1. Demotion, Discharge, or Reduction in Salary
Such disciplinary action may take the form of discharge, reduction in salary, or demotion where there is a vacancy in the same classification series at a lower level within the department.
2. Suspension
An appointing authority may suspend an employee for one or more of the causes for discipline specified in these rules for a period of up to thirty (30) days.
3. Reprimand and Warnings
A written reprimand or written warning is part of the disciplinary process when an action or series of actions by an employee does not warrant discipline as noted in sections B.1 and B.2, however does warrant written notification for corrective purposes. A Supervisor (or appropriate management personnel) may issue a written reprimand or written warning to an employee for one or more of the causes for discipline specified in these rules. Written reprimands and/or written warnings are not subject to any appeal or grievance.
SECTION 2 PROBLEM RESOLUTION
A. General Policy
It is the policy of the City to encourage employees to resolve work-related problems at the earliest possible opportunity; and for management employees to assist employees in the timely solution of problems whenever possible. For almost any work-related problem, employees are urged to talk with their immediate supervisor first to try to resolve the problem before taking further action. This section is for the purpose of specifying procedures for solving problems, providing guidelines for disciplinary and dismissal actions and detailing methods by which employees may appeal actions that they believe are unjust or unwarranted.
B. Non-Disciplinary Problems
1. Compensation Problems - Employees who have any problems with their pay or benefits, should report it to their departmental office immediately upon discovery. A problem regarding a paycheck should be reported no later than ten (10)calendardaysafterreceiptofthepaycheck. IftheactionrequiresPersonnel Office adjustments, the department representative will contact the Personnel Office to resolve the problem.
2. Workers' Compensation Problems - Employees who feel they are not receiving the workers' compensation benefits for which they qualify, should contact the Personnel Department, which will contact the City's workers' compensation administrator. Many questions can be cleared up with a telephone call. 28 295
3. Insurance, Benefits or Retirement Problems - Employees who have a problem regarding any of the City's insurance or benefits or want information regarding retirement, should contact the Personnel Office.
4. Other Non-Disciplinary Work Related Problems - Any problem not otherwise covered in this section that an employee is unable to resolve through informal means may be submitted for resolution through the grievance procedure.
5. Interpretation of Memorandum of Understanding Provisions Employees who have a problem that relates to a provision in or an interpretation of this Memorandum of Understanding, should contact the Association. If the problem is not resolved through informal discussions, the Association may file a grievance.
C. General Definitions
1. Working Days - The "working day" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 a.m. to 6:00 p.m., excluding Holidays.
2. Time Limits - The failure to submit an appeal within the time limits specified in the various steps provided above shall result in the settlement of the discipline appeal in accordance with the last answer or response given that shall be final and binding.
3. Procedural Extensions - The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.
SECTION 3 GRIEVANCE PROCEDURE
A. Scope
This Grievance Procedure shall be the exclusive means for resolving all grievances as that term is defined hereinabove except that the following disputes shall not be subject to the provisions thereof:
1. Any dispute arising out of or in connection with meeting and conferring pursuant to Resolution No. 3674.
2. Any dispute arising in or from, or involving a strike, work stoppage or cessation of work in any form by employees of the City.
B. Procedure
STEP I
A grievance may be initiated in this Step by an employee or group of employees by presenting the grievance orally to the immediate supervisor of the employee or employees involved. The grievance must be submitted to said supervisor within fifteen (15) working days following the occurrence of the event upon which the grievance is based. The supervisor will give an oral answer to the employee or employees involved within no more than fi'fteen (15) working days after the grievance was orally presented.
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STEP 2
If the grievance remains unresolved after Step 1, the grievance may be moved to Step 2 by submitting the same to the Department Head. The grievance shall be submitted in writing on a form supplied by the City. The grievance must be submitted in Step 2 no later than five (5) working days after the answer in Step 1 has been received or the time for such answer has expired. Within no more than five (5) working days a'fter receipt of grievance, a meeting will be held with the Department Head and the employee or employees involved. A representative of the employee or employees may be present if requested. Grievances submitted in Step 2 sliall be answered in writing within five (5) working days of said meeting.
STEP 3
1. If the grievance remains unresolved after Step 2, the grievance shall be moved immediately by the Department Head or the employee or employees involved to Step 3 by submitting a copy of the written form provided in Step 2 to the Personnel Officer.
2. Within no more than five (5) working days after receipt of the written grievance, a meeting shall be scheduled between the Personnel Officer and the employee or employees involved. A representative of the employee or employees may be present if requested.
3. Grievances involving a dispute between the City and the Association may be initiated in this Step by either party in said written form within five (5) working days of the occurrence of the event giving rise to the grievance. In that event, a meeting shall be scheduled within five (5) working days of receipt of said written grievance between no more than two (2) designated representatives of the City and two (2) of the Association. In addition, the employee or employees involved, if any, the Department Head shall be entitled to be present at the meeting.
4. Grievances submitted in Step 3 shall be answered by the Personnel Officer in writing within five (5) working days of said meeting(s).
STEP 4
If the dispute remains unresolved after Step 3, the aggrieved party can request final binding Arbitration under the rules of the American Arbitration Association. Each party will pay their own legal costs. The City and the employee will share the costs of the American Arbitration Association equally.
General Definitions
1. Employee Representative - The employee "representative" referred to in Steps 2 and 3 above may be an employee of the City.
2. Grievance Defined - Grievance means any dispute or difference between the City and any employee or group of employees, concerning the interpretation or application of any written City ordinance, resolution, rule, policy, practice or procedure governing the wages, hours and working conditions of City employees. The term "grievance" also includes any dispute or difference between the City and the Association concerning the interpretation or application of any existing memorandum of understanding between the City and the Association.
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3. Procedural Extensions - The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.
4. Time Limits - The failure to submit a grievance within the time limits specified in the various steps provided above shall result in the settlement of the grievance in accordance with the last answer or response given which shall be final and binding.
5. Working Days - The "working day" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 a.m. to 6:00 p.m., excluding Holidays.
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ARTICLE VI
IMPLEMENT ATION OF MEMORANDUM OF UNDERST ANDING
SECTION 1 WAGE RIGHTS
A. The Association promises and warrants, that upon acceptance of the aforementioned recommendations of the City's Representative's Designee by the City Council, its members will provide service to the City upon the terms and conditions herein stated.
B. Subject to the provisions of this Agreement, the parties hereto do hereby agree and acknowledge that the City shall retain all its usual rights and responsibilities including, but not limited to, those set forth in Section 5 of said Resolution No. 4508, C. It is understood and agreed that this Memorandum of Understanding is subject to all present and future applicable Federal or State wage and salary control laws and regulations as well as all other applicable Federal and State laws and regulations. If any part of this Memorandum is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this Memorandum of Understanding shall remain in full force and effect.