Agenda packet — Artesia City Council, November 18, 2024

Regular Meeting of the Artesia City Council
City Council Chambers
18747 Clarkdale Avenue
Artesia, CA 90701
(562) 865-6262
You may view this meeting live over the internet at
https://ca-artesia2.civicplus.com/241/City-Council-Meetings-Video Monday, November 18, 2024
7:00 P.M.

1. CALL TO ORDER REGULAR MEETING
1A. Call to Order

2. ROLL CALL
2A. Roll Call

3. INVOCATION
3A. Invocation
— Pastor Bob De Leon, Calvary Chapel Artesia

4. PLEDGE OF ALLEGIANCE
4A. Pledge of Allegiance
— Commissioner Paul de Medeiros

5. PUBLIC COMMENTS
Anyone wishing to speak to the City Council is asked to fill out a speaker card and give that card to the City Clerk at the staff table prior to the commencement of the meeting. Any public comments that cannot be heard within the next 20 minutes will be heard at the end of the meeting. If a member of the public submitted public comments on a Consent Calendar item, the item will be removed from the Consent Calendar for separate discussion and to hear the public comment on the Consent Calendar item at that time. Public comments may also be submitted by email at [email protected] before 12:00 p.m. on the date of the meeting. Public comments for items not listed on the agenda will be heard at this time. Under the provisions of the Brown Act, the City Council is prohibited from taking action on items that are not listed on the agenda, but may refer the matter to staff or to a subsequent meeting.
5A. Public Comments

6. COUNCILMEMBER COMMENTS
6A. Councilmember Comments

7. CEREMONIAL PRESENTATIONS
7A. Certificates of Recognition - Commissioner Paul de Medeiros, Commissioner Ashika Patel, Commissioner Carl Fonseca, Commissioner Manu Patel, Commissioner Zeel Ahir, & Suguru Kitahara 7B. Donation from Strong Towns Artesia to the City
7C. America Recycles Day Proclamation

8. BUSINESS PRESENTATIONS
8A. CR&R Residential Organics Recycling and Food Waste Updates

9. CONSENT CALENDAR
It is recommended that Items (9A) through (9G) be acted on simultaneously in one vote unless a member of the City Council requests separate discussion and/or action on the item. In the event a member of the City Council requests separate discussion on a Consent Calendar item, or the item is removed from the Consent Calendar to allow for public comments on the item to be read. The City Council will consider that item immediately following approval of the rest of the Consent Calendar. 9A. Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only
— Recommended Action: Waive Reading, by Title Only, of all Ordinances and Resolutions. Said Ordinances and Resolutions Which Appear on the Public Agenda Shall Be Determined to Have Been Read by Title and Further Reading Waived.
9B. City Council Meeting Minutes
— Recommended Action: Approve Minutes as Presented for October 14, 2024 - Regular & Special Meetings.
9C. Accounts Payable Check Register - October 2024
— Recommended Action: Receive and File.
9D. City Financial Report - September 2024
— Recommended Action: Receive and File.
9E. Professional Services Agreement Amendment for Acquisition Services — Recommended Action: Approve Amendment No. 4 to the Professional Services Agreement with Overland, Pacific, & Cutler, Inc. to Extend the Term Until December 31, 2026, Increase the Compensation to $190,825 for the A.J. Padelford Park Expansion Project, and Authorize the City Manager to Execute on the Council’s Behalf.
9F. Introduction of An Ordinance Relating to Time, Date, and Location of the Placement of Solid Waste Collection Containers
— Recommended Action: Waive Full Reading and Introduce Ordinance No. 24-964, an Ordinance of the City Council of the City of Artesia, California, Amending Section 6-2.114 of Chapter 2 (Solid Waste and Recycling) of Article 1 (Garbage, Rubbish, and Waste Materials) of Title 6 (Sanitation and Health) of the City of Artesia Municipal Code Relating to the Time, Date, and Location of the Placement of Containers for Waste Collection and Finding the Action Exempt from CEQA under Title 14 of the California Code of Regulations § 15061(B)(3). 9G. Addition of Regular December Council Meeting
— Recommended Action: Approve the Addition of December 16, 2024 Regular Meeting at 7 p.m.

10. PUBLIC HEARING
10A. Introduction of an Ordinance Granting Golden State Water Company a Franchise Agreement — Recommended Action: Waive full reading and introduce Ordinance No. 24-957, An Ordinance of the City Council of the City of Artesia, California, Granting to Golden State Water Company, A California Corporation, the Right, Privilege and Franchise to Lay and Use Pipes and Appurtenances for Transmitting and Distributing Water For Any and All Purposes Under, Along, Across, or Upon the Public Streets, Ways, Alleys, and Places as the Same or Now or May Hereafter Exist, Within Said Municipality
10B. Introduction of an Ordinance Prohibiting Short-Term Rentals — Recommended Action: Waive full reading and Introduce Ordinance No. 24-960: An Ordinance of the City Of Artesia, California Adding Article 46 to the Artesia Municipal Code to Prohibit Short-Term Rentals Throughout the City and Finding the Action Exempt from CEQA Pursuant to State CEQA guidelines sections 15060(c)(2) and 15060(c)(2) and 15060(c)(3). 10C. Introduction of an Ordinance Regarding Smoke Shops — Recommended Action: Waive Full Reading and Introduce Ordinance No. 24-961, An Ordinance of the City of Artesia Recommending that the City Council Adopt a Zoning Ordinance, Adding Article 47 to Chapter 2 to Title 9 Regarding Smoke Shops, and Finding the Ordinance to be Exempt from CEQA pursuant to State CEQA Guidelines Sections 15301, 15060(c)(2), 15060(c)(3), and 15061(b)(3).
10D. Adoption of an Urgency Ordinance No. 24-962U Amending the Artesia Municipal Code relating to Accessory Dwelling Units
— Recommended Action: Waive Full Reading and Introduce Ordinance No. 24-962U, An Urgency Ordinance of the City Council of the City of Artesia, California, Amending Title 9, Chapter 2, Article 45, of the City of Artesia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and Finding the Action to be Statutorily Exempt from CEQA Under Public Resources Code § 21080.17.

11. DISCUSSION
11A. Discussion Regarding Amending the Artesia Municipal Code Regarding Permits for Fireworks Sales
— Recommended Action: Discuss and Provide Direction to Staff Regarding Drafting a Code Amendment Making Changes to the Criteria in the Artesia Municipal Code Related to How Organizations Can Receive Permits for the Sale of Safe and Sane Fireworks in the City.

12. CITY MANAGER INFORMATIONAL REPORTING

13. COUNCILMEMBER COMMENTS
This is the time for Councilmembers to report on external boards and committee meetings attended and meetings attended at public expense. Additional general comments, announcements, and requests of staff and/or other issues of concern to Councilmembers may also be presented at this time.

14. ADJOURNMENT
14A. Adjournment
The City of Artesia complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk’s office at 562-865-6262 at least 72 hours prior to the meeting. Copies of Staff Reports are on file in the Office of the City Clerk and are available for inspection.

Date Posted: November 14, 2024

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 9A.

TO: Mayor and Members of the City Council
SUBJECT: Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:

Abel Avalos, City Manager
RECOMMENDATION:

It is recommended that the City Council waive reading, by title only, of all ordinances and resolutions. Said ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

BACKGROUND:

California Government Code 36934 allows the legislative body to waive the requirement to read ordinances and titles by the action.

FISCAL IMPACT:

There is no fiscal impact associated with approval of this item.

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 9B.

TO: Mayor and Members of the City Council
SUBJECT: City Council Meeting Minutes
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:

Abel Avalos, City Manager
RECOMMENDATION:

It is recommended that the City Council approve minutes as presented for the following City Council meetings:

October 14, 2024 - Special Meeting
October 14, 2024 - Regular Meeting
BACKGROUND:

The attached action minutes serve as the official record of the City Council meetings, recording the legislative body’s decisions, recorded in its motions, actions, and votes, as mandated by Government Code 36814 and 40801.

FISCAL IMPACT:

There is no fiscal impact associated with approval of this item.

Attachments

10.14.24 Special Meeting Minutes.pdf

10.14.24 Regular Meeting Minutes.pdf
Artesia City Council Special Meeting Minutes
Monday, October 14, 2024 - 6:00 p.m.

City Council Chambers
18747 Clarkdale Avenue Artesia, CA 90701

1. CALL TO ORDER SPECIAL MEETING
Mayor Lima called the meeting to order at 6:00 p.m.

2. ROLL CALL

Present: Mayor Lima, Mayor Pro Tem Taj, Councilmembers Manalo, Ramoso, and Trevino*.
*Councilmember Trevino arrived at 6:14 p.m.

Staff Present: City Manager Avalos, Deputy City Manager Burke, Finance Manager Murguia, City Attorney Nguyen, City Clerk Alderete, Public Works Manager Sanchez, Community Development Director Dor, Parks and Recreation Manager Guerra, Special Projects Manager Lee, Management Analyst Fajardo, Management Analyst NacionalesTofoya, Management Analyst Stewart, Management Analyst Zambrano, and Assistant Planner Estrada.

3. ANNOUNCEMENT REGARDING PUBLIC COMMENTS
Public comments could be provided, in person or submitted by email to [email protected] by 12:00 p.m. on the date of the meeting. No public comments were provided.

4. CEREMONIAL PRESENTATIONS
4A. Red Ribbon Week Proclamation
A proclamation for Red Ribbon Week was accepted by Burbank Elementary students and Betty Lou Ormande.
4B. Osvaldo Palhinha Certificate of Recognition
A certificate of recognition for Osvaldo Palhinha was presented by the Council. 4C. Artesia Cemetery Grand Reopening Certificate
A grand reopening certificate for the Artesia Cemetery was accepted by Linda Gonzales.
4D. World Mission Society Church Recognition
A certificate of recognition was accepted by the World Mission Society Church. 4E. Filipino American History Month Proclamation
A proclamation for Filipino American History Month was accepted by Councilmember Ramoso.
4F. Hindu Heritage Month Proclamation
A proclamation for Hindu Heritage Month was accepted by Dr. G. 4G. Breast Cancer Awareness Month Proclamation
A proclamation for Breast Cancer Awareness Month was accepted by Raj Patel on behalf of his wife.
4H. Presentation of Portraits 2024 Artesia Princess Court Portraits to the 2024 Miss Artesia Court were presented by Linda Gonzales to Miss Artesia Princess Bridget Martinez, Miss Artesia Princess Valeria, Miss Artesia Princess Miranda Cadena, Miss Artesia Teen Princess Thalia Manzel, Miss Artesia Princess Vanessa Rivera, Miss Artesia Princess Maria, Miss Artesia Princess Shayla Claire, and Miss Artesia Savannah Sosa.
4I. Staff Introductions
Deputy City Manager Burke introduced new Management Analysts Stewart and Zambrano. Community Development Director Dor introduced new Assistant Planner Estrada.

5. ADJOURNMENT
The meeting was adjourned at 6:40 p.m.

Artesia City Council Regular Meeting Minutes
Monday, October 14, 2024 – 7:00 p.m.

City Council Chambers
18747 Clarkdale Avenue, Artesia, CA 90701

1. CALL TO ORDER REGULAR MEETING
Mayor Lima called the meeting to order at 7:01 p.m.

2. ROLL CALL

Present: Mayor Lima, Mayor Pro Tem Taj, Councilmembers Manalo, Ramoso, and Trevino.

Staff Present: City Manager Avalos, Deputy City Manager Burke, Finance Manager Murguia, City Attorney Nguyen, City Clerk Alderete, Public Works Manager Sanchez, Community Development Director Dor, Parks & Recreation Manager Guerra, Special Projects Manager Lee, Management Analyst Fajardo, Management Analyst NacionalesTofoya, and Management Analyst Zambrano.

3. INVOCATION
Bishop Lary Carlton from Jesus Christ of Latter Day Saints Church delivered the invocation.

4. PLEDGE OF ALLEGIANCE
Miss Artesia, Thalia Manzel led the pledge of allegiance.

5. PUBLIC COMMENTS
5A. Public Comments Public comments could be provided, in person or submitted by email to [email protected] by 12:00 p.m. on the date of the meeting. Shakeel Syed, Teddy Lloyd, and Lorelei Bailey provided public comments for items not listed on the agenda.

6. COUNCILMEMBER COMMENTS
Mayor Lima, Mayor Pro Tem Taj, Councilmembers Trevino, Ramoso, and Manalo asked questions and/or provided comments.

7. CEREMONIAL PRESENTATIONS - NONE

8. BUSINESS PRESENTATIONS - NONE

9. CONSENT CALENDAR
Taj moved, seconded by Trevino, to approve consent calendar items 9A-9P (excluding item 9J)
Motion carried, 5-0
9A. Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only
Recommended Action: Waive Reading, by Title Only, of all Ordinances and Resolutions.

Said Ordinances and Resolutions Which Appear on the Public Agenda Shall Be Determined to Have Been Read by Title and Further Reading Waived. 9B. City Council Meeting Minutes
Recommended Action: Approve Minutes as Presented for June 10, 2024 - Regular Meeting, August 12, 2024 - Regular Meeting, August 13, 2024 - Special Meeting, August 27, 2024 - Special Meeting, August 28, 2024 - Special Meeting, September 9, 2024 - Regular Meeting, September 9, 2024 - Special Meeting. 9C. Accounts Payable Check Register
Recommended Action: Receive and File.
9D. City Financial Report - August 2024
Recommended Action: Receive and File.
9E. Second Reading of Ordinance Amending Parking and Boundaries of Old Downtown
Recommended Action: Conduct Second Reading and Adopt Ordinance No. 24-959, Amending Regulations in Article 11 (Off-Street Parking and Loading) of Chapter 2 of Title 9 (Planning and Zoning) of the Artesia Municipal Code Relating to Parking Spaces Required within the Boundaries of Old Downtown; and make a Determination of Exemption Under CEQA Pursuant to Section 15061(b)(3) of the CEQA Guidelines. 9F. Addition and Cancellation of Regular November Council Meeting Recommended Action: Approve the Addition of November 18, 2024 Regular Meeting at 7 p.m. and Cancel the November 11, 2024 Meeting.
9G. Resolution for Flooring Replacement Services Agreement with Shaw Industries Recommended Action: Adopt Resolution No. 24-3018, Authorizing the Use of the Omnia Partners Purchasing Program and Approving a Contract to Shaw Contract, Inc. for Flooring Services at the Albert O. Little Community Center; for an Amount Not-To-Exceed $198,601.95, Authorize the City Manager to Execute on Council's Behalf; and make a Determination of Exemption under CEQA Pursuant to Section 15301(d).
9H. Agreement for Painting Services with South Coast Painters Recommended Action: Approve an Agreement to South Coast Painters for Painting Services at the Albert O. Little Community Center, for an Amount Not-To-Exceed $55,200, Authorize the City Manager to Execute on Council's Behalf; and make a Determination of Exemption under CEQA Pursuant to Section 15301(d). 9I. Purchase and Sale Agreement for Acquisition of Real Property for the A.J.

Padelford Park Expansion Project
Recommended Action: Approve, and Authorize the City Manager to Execute on the Council’s Behalf, the Purchase and Sale Agreement Prepared by Overland, Pacific & Cutler, Inc. (“OPC”) for Real Property Located at 11936 169th Street in the City of Artesia for a Total Purchase of $555,000, Plus Relocation Costs Not-To-Exceed of $155,000, and Closing Costs.
9K. Award of a Construction Contract for 2024 Citywide Bus Shelters Replacement Project
Recommended Action: Reject the Bid Submitted by TVR Construction Engineering LLC for the 2024 Citywide Bus Shelters Replacement Project; Award a Construction Contract to Excel Paving Co. in the Amount of $468,976 in Order to Implement the 2024 Citywide Bus Shelters Replacement Project, Authorize the City Manager to Execute the Construction Contract, Along with Making Non-Substantive Revisions to the Construction Contract That Do Not Change the Contract Price for the Project, on Behalf of the City Council; and make a Determination of Exemption Under CEQA Pursuant to Section 15301 of the State CEQA Guidelines.
9L. Professional Service Agreement with Sagecrest Environmental Services for Professional Planning Services
Recommended Action: Approve the Professional Services Agreement for Professional Planning Services Between the City of Artesia and Sagecrest Planning and Environmental Services for an Amount Not-To-Exceed $280,000 and Authorize the City Manager to Execute on Council's Behalf.
9M. Resolution in Support of Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act
Recommended Action: Approve Resolution No. 24-3019, A Resolution, in Support of Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act. 9N. Resolution of Intention to Set and Hold a Public Hearing to Adopt an Ordinance Granting Franchise Rights to Golden State Water Company Recommended Action: Adopt Resolution No. 24-3017, A Resolution of the City Council of the City of Artesia, California, Repealing Resolution No. 24-3012 and Declaring its Intention to Adopt an Ordinance Granting to Golden State Water Company the Right, Privilege, and Franchise to Lay, Maintain, and Use Pipes and Appurtenances for Transmitting and Distributing Water for Any and All Purposes Under, Along, Across, or Upon the Public Streets and Places Within the City of Artesia and Setting the Public Hearing on the Adoption of this Ordinance for November 18, 2024.
9O. Resolution for Highway Permit for Temporary Street Closure Requested by DES Hall
Recommended Action: Adopt Resolution No. 24-3020, Approving a Highway Permit for the Temporary Closure of a Portion of Ashworth Avenue Between Devlin Avenue and Clarkdale Avenue Pursuant to Vehicle Code Section 21101(e) in Connection with the Approval of the Artesia D.E.S. Portuguese Hall - Marching Band Festival Procession to be Held on Saturday, November 9, 2024; and make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.
9P. Professional Service Agreement with Willdan Engineering for Housing Element and Mixed-Use Overlay Projects
Recommended Action: Approve a Professional Services Agreement with Willdan Engineering to Complete the Housing Element and Mixed-Use Overlay Projects, for a Not-To-Exceed Amount of $215,000 and Authorize the City Manager to Execute on Council's Behalf.

ITEM(S) PULLED FROM THE CONSENT CALENDAR (9J)
9J. Second Amendment to Professional Services Agreement with Placeworks, Inc.

Recommended Action: Approve the Second Amendment to the Professional Services Agreement Between the City of Artesia and Placeworks, Inc. for Preparation of the Artesia Downtown Specific Plan for an Amount Not-To-Exceed $460,785, and Authorize the City Manager to Execute on Council's Behalf.

Special Projects Manager Lee provided staff report. Mayor Lima asked questions and/or provided comments.

Taj moved, seconded by Ramoso, to approve agenda item 9J, as recommended.

Motion carried, 5-0

10. PUBLIC HEARING - NONE

11. DISCUSSION - NONE

12. CITY MANAGER INFORMATIONAL REPORTING
City Manager Avalos provided updates.

13. COUNCILMEMBER COMMENTS
Councilmember Ramoso attended the Artesia Historical Society Blind Cow event and the Radio TV Artesia Fado event at public expense. Councilmember Ramoso attended the Greater Los Angeles County Vector Control District Meeting.

Councilmember Manalo did not attend public meetings at public expense.

Councilmember Manalo attended the California Contract Cities Association Legislative Committee meeting.

Councilmember Trevino attended the Artesia Historical Society’s Blind Cow event and the Radio TV Artesia Fado event at public expense. Councilmember Trevino attended the board meeting for the Friends of the Library, the SELACO personnel commission meeting, and two veteran ad-hoc committee meetings.

Mayor Pro Tem Taj attended the Artesia Historical Society’s Blind Cow event and the Radio TV Artesia Fado event at public expense. Mayor Pro Tem Taj traveled to Washington DC Sacramento as part of an advocacy group with Los Angeles County Supervisor Janice Hahn for the Southeast Gateway Line.

Mayor Lima attended the Artesia Historical Society Blind Cow event and the Radio TV Artesia Fado event at public expense. Mayor Lima attended the Council of Government’s meeting.

14. ADJOURNMENT
The meeting was adjourned at 8:03 p.m.

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 9C.

TO: Mayor and Members of the City Council
SUBJECT: Accounts Payable Check Register - October 2024 FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:

It is recommended that the City Council receive and file this report.

BACKGROUND:

The attached demands summary (accounts payable checks) is a list of all checks issued by the City of Artesia from October 1, 2024 through October 31, 2024.

Prior to printing each check, payment requests are approved by the department manager, Finance Manager, and City Manager. Once payment requests have been approved, a batch for disbursement is processed by the Senior Accountant, and approved by the Finance Manager. Each check is printed with its invoice detail, then signed by the City Manager and Mayor.

FISCAL IMPACT:

There is no fiscal impact associated with approval of this item.

RECOMMENDED COUNCIL ACTION:

It is recommended that the City Council receive and file this report.

Attachments
October 2024 Demands.pdf
Transaction Type Post Date Due
Date
Transaction
Amount
Payment # Amount Paid
78396556 Invoice 10/08/2024 $150.00 85460 $150.00
10/08/2024
$150.00 $150.00
78662733 Invoice 10/15/2024 $150.00 85486 $150.00
10/15/2024
$150.00 $150.00
78679736 Invoice 10/22/2024 $81.00 85550 $81.00
Football Refund 10/22/2024
$81.00 $81.00
10042024 Invoice 10/04/2024 $720.71 85461 $720.71
10/08/2024
10182024 Invoice 10/22/2024 $734.39 85551 $734.39
10/22/2024
$1,455.10 $1,455.10
1440-82462 Invoice 10/15/2024 $130.00 85487 $130.00
Pre Employment Physical 10/15/2024
$130.00 $130.00
25731 Invoice 10/01/2024 $290.27 85434 $290.27
10/01/2024
39236 Invoice 10/01/2024 $276.84 85434 $276.84
10/01/2024
42212 Invoice 10/01/2024 $1,234.41 85434 $1,234.41
10/01/2024
$1,801.52 $1,801.52
95547 Invoice 10/01/2024 $11,721.60 85435 $11,721.60
10/01/2024
95841 Invoice 10/15/2024 $12,997.95 85488 $12,997.95
10/15/2024
$24,719.55 $24,719.55
OCT2024 Invoice 10/15/2024 $315.91 41061 $315.91
24/10 HMO Dental 10/15/2024
OCT2024 Invoice 10/15/2024 $3,393.84 41061 $3,393.84
24/10 PPO Dental 10/15/2024
$3,709.75 $3,709.75
78766495 Invoice 10/29/2024 $150.00 85595 $150.00
10/28/2024
$150.00 $150.00
78682437 Invoice 10/15/2024 $150.00 85489 $150.00
10/15/2024
$150.00 $150.00
78681992 Invoice 10/15/2024 $150.00 85490 $150.00
10/15/2024
$150.00 $150.00
INV027278 Invoice 10/29/2024 $834.16 85596 $834.16
10/16/2024
$834.16 $834.16
Repair of Public Works 1998
Totals for ARTESIA TIRE AND SERVICE:
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for ARTESIA CHAMBER OF COMMERCE:

ARTESIA TIRE AND SERVICE
10/16/2024 10/29/2024
Totals for AMERITAS LIFE INSURANCE GROUP:

ANTHONY NG
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for ANTHONY NG:

ANTONIO'S BARBER SUPPLY
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for ANTONIO'S BARBER SUPPLY:

ARTESIA CHAMBER OF COMMERCE

ALL CITY MANAGEMENT SERVICES
10/01/2024 10/02/2024
9/1 - 9/14/24 Crossing
10/15/2024 10/16/2024
9/15 - 9/28/24 Crossing
Totals for ALL CITY MANAGEMENT SERVICES:

AMERITAS LIFE INSURANCE GROUP
10/15/2024 10/16/2024
10/15/2024 10/16/2024
Repair of Power
10/01/2024 10/02/2024
Repair of Toro
Totals for ALAN'S LAWN & GARDEN CENTER INC:

Union Dues, Payroll
Totals for AFSCME DISTRICT COUNCIL 36:

AKESO OCCUPATIONAL HEALTH
10/15/2024 10/16/2024
Totals for AKESO OCCUPATIONAL HEALTH:

ALAN'S LAWN & GARDEN CENTER INC
10/01/2024 10/02/2024
Repair of Backpack Blower
10/01/2024 10/02/2024
Street Fair Deposit Refund
Totals for AARTI SHAH DNS INC.:

ADAM BARKER
10/22/2024 10/23/2024
Totals for ADAM BARKER:

AFSCME DISTRICT COUNCIL 36
10/08/2024 10/09/2024
Union dues 10/04/2024
10/22/2024 10/23/2024
City of Artesia
October 2024 Check Register
Date Transaction # Description Payment Date

KEVIN TADO
10/08/2024 10/09/2024
Facility Deposit Refund
Totals for KEVIN TADO:

AARTI SHAH DNS INC.
10/15/2024 10/16/2024
78663630 Invoice 10/15/2024 $150.00 85491 $150.00
10/15/2024
$150.00 $150.00
78201974 Invoice 10/08/2024 $81.00 85462 $81.00
Flag Football Refund 10/08/2024
$81.00 $81.00
050492 Invoice 10/15/2024 $578.46 85492 $578.46
Traffic Signs 10/15/2024
$578.46 $578.46
78663140 Invoice 10/15/2024 $150.00 85493 $150.00
10/15/2024
$150.00 $150.00
100496 Invoice 10/29/2024 $125.00 85597 $125.00
10/23/2024
$125.00 $125.00
78682796 Invoice 10/15/2024 $150.00 85494 $150.00
10/15/2024
$150.00 $150.00
78683540 Invoice 10/29/2024 $150.00 85598 $150.00
10/28/2024
$150.00 $150.00
A-005 Invoice 10/22/2024 $700.00 85552 $700.00
10/22/2024
$700.00 $700.00
7245 Invoice 10/08/2024 $4,680.00 85463 $4,680.00
10/08/2024
$4,680.00 $4,680.00
230651 Invoice 10/01/2024 $134.00 85436 $134.00
24/09 Pest Control 10/01/2024
230812 Invoice 10/08/2024 $134.00 85464 $134.00
24/10 Pest Control 10/08/2024
$268.00 $268.00
4203484552-10/2024 Invoice 10/01/2024 $66,903.12 41054 $66,903.12 24/10 Health Premium 10/01/2024
$66,903.12 $66,903.12
78682866 Invoice 10/15/2024 $150.00 85495 $150.00
10/15/2024
$150.00 $150.00
78770258 Invoice 10/22/2024 $162.00 85553 $162.00
Football Refund 10/22/2024
$162.00 $162.00
JUN-AUG 2024 Invoice 10/01/2024 $150.00 85437 $150.00
10/01/2024
$150.00 $150.00
78683859 Invoice 10/29/2024 $150.00 85599 $150.00
10/28/2024
$150.00 $150.00

CARLOS CHACON
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for CARLOS CHACON:

CBE

CARL FONSECA
10/01/2024 10/02/2024
2024-06-08 PC Meeting
Totals for CARL FONSECA:
10/01/2024 10/10/2024
Totals for CalPers:

CALVARY CHAPEL ARTESIA
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for CALVARY CHAPEL ARTESIA:

CARISSA JOY JAVIER
10/22/2024 10/23/2024
Totals for CARISSA JOY JAVIER:

CALIFORNIA CONSULTING INC
10/08/2024 10/09/2024
TAP Grant AJ Padleford Park
Totals for CALIFORNIA CONSULTING INC:

CALIFORNIA PEST MANAGEMENT
10/01/2024 10/02/2024
10/08/2024 10/09/2024
Totals for CALIFORNIA PEST MANAGEMENT:

CalPers
Street Fair Deposit Refund
Totals for CALI SWEETS INC:

CALIFORNIA CLERK ADMINISTRATION SERVICES, LLC
10/22/2024 10/23/2024
Transcription of minutes
8/12/24, 9/9/24 Sp, 9/9/24
Totals for CALIFORNIA CLERK ADMINISTRATION SERVICES, LLC:

Boot Allowance (G. Reyes)
Totals for BOOT WORLD #20:

BUILDRITE CONSTRUCTION
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for BUILDRITE CONSTRUCTION:

CALI SWEETS INC
10/28/2024 10/29/2024
Totals for AXEL BARRIENTOS:

BC TRAFFIC SPECIALIST
10/15/2024 10/16/2024
Totals for BC TRAFFIC SPECIALIST:

BOMBAY HAUTE STUDIO
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for BOMBAY HAUTE STUDIO:

BOOT WORLD #20
10/23/2024 10/29/2024

ASHUTOSH SHARMA
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for ASHUTOSH SHARMA:

AXEL BARRIENTOS
10/08/2024 10/09/2024
IN2774847 Invoice 10/08/2024 $605.79 85465 $605.79
10/08/2024
$605.79 $605.79
5031662125 Invoice 10/29/2024 $653.71 85600 $653.71
10/28/2024
$653.71 $653.71
09232024 Invoice 10/01/2024 $616.00 85438 $616.00
Street Fair T-Shirts 10/01/2024
$616.00 $616.00
78210136 Invoice 10/08/2024 $81.00 85466 $81.00
Softball Refund 10/08/2024
$81.00 $81.00
88104 Invoice 10/22/2024 $210.00 85554 $210.00
10/22/2024
$210.00 $210.00
78683030 Invoice 10/15/2024 $150.00 85496 $150.00
10/15/2024
$150.00 $150.00
ASIT001447 Invoice 10/22/2024 $5,709.10 85555 $5,709.10 10/22/2024
$5,709.10 $5,709.10
3507800-00-091524 Invoice 10/08/2024 $300.99 85467 $300.99 10/08/2024
3507880-00-091524 Invoice 10/08/2024 $1,142.29 85467 $1,142.29 10/08/2024
$1,443.28 $1,443.28
318463 Invoice 10/08/2024 $9,110.76 85468 $9,110.76
10/08/2024
$9,110.76 $9,110.76
E70687031001293 Invoice 10/08/2024 $2,898.73 41055 $2,898.73 24/10 Supplemental Ins. 10/08/2024
$2,898.73 $2,898.73
CCG121/23 Invoice 10/01/2024 $197.10 85439 $197.10
Business Cards 10/01/2024
CCG117/23 Invoice 10/01/2024 $76.65 85439 $76.65
10/01/2024
CCG108/23 Invoice 10/01/2024 $32.85 85439 $32.85
10/01/2024
CCG107/23 Invoice 10/01/2024 $32.85 85439 $32.85
10/01/2024
$339.45 $339.45
2115 Invoice 10/15/2024 $46,386.60 85497 $46,386.60
10/15/2024
$46,386.60 $46,386.60
78210017 Invoice 10/08/2024 $45.00 85469 $45.00
Baseball Refund 10/08/2024
$45.00 $45.00
78681356 Invoice 10/15/2024 $150.00 85498 $150.00
10/15/2024
$150.00 $150.00
1789 Invoice 10/15/2024 $3,581.25 85499 $3,581.25

CRISTIE ALMEIDA
10/08/2024 10/09/2024
Totals for CRISTIE ALMEIDA:

DAMINI BOUTIQUE
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for DAMINI BOUTIQUE:

DEB'S BOOKKEEPLUS
10/15/2024 10/16/2024
Business Cards (M. Laquian)
10/01/2024 10/02/2024
Business Cards (A. Fajardo)
Totals for COLOR CENTER GRAPHICS:

COPP CONTRACTING INC.
10/15/2024 10/16/2024
FY 2023-2024 Street
Totals for COPP CONTRACTING INC.:
10/01/2024 10/02/2024
10/01/2024 10/02/2024
Business Cards - Planning
10/01/2024 10/02/2024
07/15-9/15/24 169th &
Totals for CITY OF NORWALK:

CIVICPLUS LLC
10/08/2024 10/09/2024
CivicPlus Website Annual
Totals for CIVICPLUS LLC:

COLONIAL LIFE
10/08/2024 10/10/2024
Totals for COLONIAL LIFE:

COLOR CENTER GRAPHICS
Street Fair Deposit Refund
Totals for CITY BIBLE CHURCH:

CITY OF BREA
10/22/2024 10/23/2024
24/09 IT service and supplies
Totals for CITY OF BREA:

CITY OF NORWALK
10/08/2024 10/09/2024
07/15-9/15/24 11908 169th
10/08/2024 10/09/2024
Veterans Day Ceremony
Totals for CINDY'S JUMPERS LLC:

CITY BIBLE CHURCH
10/15/2024 10/16/2024
10/20-11/19/24 Sharp
Totals for CELL BUSINESS EQUIPMENT:

CHANSON WALKER
10/01/2024 10/02/2024
Totals for CHANSON WALKER:

CHRISTINE DIAZ
10/08/2024 10/09/2024
Totals for CHRISTINE DIAZ:

CINDY'S JUMPERS LLC
10/22/2024 10/23/2024
10/08/2024 10/09/2024
8/20-9/19/24 Overage
Totals for CBE:

CELL BUSINESS EQUIPMENT
10/28/2024 10/29/2024
24/09 Accounting Service 10/15/2024
$3,581.25 $3,581.25
801 Invoice 10/01/2024 $400.00 85440 $400.00
10/01/2024
802 Invoice 10/08/2024 $300.00 85470 $300.00
10/08/2024
804 Invoice 10/22/2024 $350.00 85556 $350.00
10/22/2024
$1,050.00 $1,050.00
78681926 Invoice 10/15/2024 $150.00 85500 $150.00
10/15/2024
$150.00 $150.00
NOV2024 Invoice 10/22/2024 $170.86 85557 $170.86
24/11 Medical Premium 10/22/2024
$170.86 $170.86
78663594 Invoice 10/15/2024 $150.00 85501 $150.00
10/15/2024
$150.00 $150.00
113596 Invoice 10/15/2024 $5,787.86 85502 $5,787.86
10/15/2024
113605 Invoice 10/15/2024 $1,734.81 85502 $1,734.81
10/15/2024
113601 Invoice 10/15/2024 $4,685.47 85502 $4,685.47
10/15/2024
113592 Invoice 10/15/2024 $4,562.64 85502 $4,562.64
Electrical work for Roof 10/15/2024
113594 Invoice 10/29/2024 $1,600.00 85601 $1,600.00
09/13/2024
$18,370.78 $18,370.78
78662659 Invoice 10/15/2024 $150.00 85503 $150.00
10/15/2024
$150.00 $150.00
480414A-100424 Invoice 10/20/2024 $3,883.16 41063 $3,883.16 10/20/2024
$3,883.16 $3,883.16
78770208 Invoice 10/22/2024 $65.00 85558 $65.00
Football Refund 10/22/2024
$65.00 $65.00
NOV2024 Invoice 10/22/2024 $170.86 85559 $170.86
24/11 Medical Premium 10/22/2024
$170.86 $170.86
4594451 Invoice 10/01/2024 $22.26 85441 $22.26
Lighting for Public Works 10/01/2024
$22.26 $22.26
166470665 Invoice 10/08/2024 $599.55 41056 $599.55
24/10 Vision Coverage 10/08/2024
$599.55 $599.55
106083 Invoice 10/15/2024 $1,968.25 85504 $1,968.25
10/15/2024
Totals for Ferguson Enterprises LLC #1350:

FIDELITY SECURITY LIFE INSURANCE CO.
10/08/2024 10/10/2024
Totals for FIDELITY SECURITY LIFE INSURANCE CO.:

FIRST LEGAL DEPOSITION SERVICE LLC
10/15/2024 10/16/2024
Transcription for Cannabis
Deposition - Culture
24/09 Electric Vehicle Lease
Totals for Enterprise FM Trust:

ERIC O'BRIEN
10/22/2024 10/23/2024
Totals for ERIC O'BRIEN:

ERNESTO OLIVARES
10/22/2024 10/23/2024
Totals for ERNESTO OLIVARES:

Ferguson Enterprises LLC #1350
10/01/2024 10/02/2024
Street Fair Deposit Refund
Totals for ELEANOR ROXAS:

Enterprise FM Trust
10/20/2024 10/23/2024

ELEANOR ROXAS
10/15/2024 10/16/2024
10/22/2024 10/23/2024
Totals for DOROTHY HOEKSTRA:

DREAMS COLLECTIONS LLC
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for DREAMS COLLECTIONS LLC:

DUPRE ENTERPRISES
Raise Existing Roof Conduit
10/15/2024
Rerouting Power -
10/15/2024
09/13/2024
Electrical Work for Botanical
Totals for DUPRE ENTERPRISES:
10/15/2024
Rerouting Power -
10/16/2024
10/16/2024
10/16/2024
10/29/2024
10/16/2024
10/15/2024
Totals for DERAIN DAVIS:

DIGITAL MEMORIES PORTRAIT INC
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for DIGITAL MEMORIES PORTRAIT INC:

DOROTHY HOEKSTRA
Totals for DEB'S BOOKKEEPLUS:

DERAIN DAVIS
10/01/2024 10/02/2024
Winter Wonderland & Treet
10/08/2024 10/09/2024
City Holiday Program
10/22/2024 10/23/2024
Veterans Day Ceremony
2024
$1,968.25 $1,968.25
10042024 Invoice 10/08/2024 $80.00 85471 $80.00
10/08/2024
05312024 Invoice 10/15/2024 $80.00 85506 $80.00
10/15/2024
12232023 Invoice 10/15/2024 $80.00 85505 $80.00
10/15/2024
10182024 Invoice 10/22/2024 $46.09 85560 $46.09
10/22/2024
10182024 Invoice 10/22/2024 $80.00 85561 $80.00
10/22/2024
$366.09 $366.09
102824 Invoice 10/29/2024 $15,015.00 85602 $15,015.00
10/28/2024
$15,015.00 $15,015.00
00552386989-101124 Invoice 10/18/2024 $424.05 41064 $424.05 24/08 11938 South St. 10/18/2024
28650044382-100424 Invoice 10/18/2024 $108.60 41064 $108.60 10/18/2024
49057935782-101424 Invoice 10/18/2024 $238.31 41064 $238.31 24/09 18530 Corby Ave. 10/18/2024
13732300002-101524 Invoice 10/18/2024 $278.58 41064 $278.58 10/18/2024
80727400006-100424 Invoice 10/18/2024 $542.67 41064 $542.67 24/09 11710 South St IRR 10/18/2024
43024400004-100424 Invoice 10/18/2024 $329.92 41064 $329.92 24/09 11734 IRR Artesia 10/18/2024
42732300001-101624 Invoice 10/18/2024 $550.00 41064 $550.00 24/09 12034 Artesia IRR 10/18/2024
11131392257-101624 Invoice 10/18/2024 $696.72 41064 $696.72 10/18/2024
97259400006-101524 Invoice 10/18/2024 $30.90 41064 $30.90 24/09 17202 Alburtis 10/18/2024
82177200001-101524 Invoice 10/18/2024 $169.20 41064 $169.20 24/09 17203 Corby Ave. 10/18/2024
87564300009-101624 Invoice 10/18/2024 $645.38 41064 $645.38 10/18/2024
79020300004-101524 Invoice 10/18/2024 $982.83 41064 $982.83 10/18/2024
87836872074-101124 Invoice 10/18/2024 $233.31 41064 $233.31 10/18/2024
29424300001-100424 Invoice 10/18/2024 $140.93 41064 $140.93 24/09 18641 Corby 10/18/2024
22743000006-100424 Invoice 10/18/2024 $275.33 41064 $275.33 24/09 18644 Alburtis Ave. 10/18/2024
91743000001-100424 Invoice 10/18/2024 $393.96 41064 $393.96 10/18/2024
027443000008-100424 Invoice 10/18/2024 $26.18 41064 $26.18 10/18/2024
12743000007-100424 Invoice 10/18/2024 $359.29 41064 $359.29 10/18/2024
85147443411-101124 Invoice 10/18/2024 $291.25 41064 $291.25 10/18/2024
63500932239-101124 Invoice 10/18/2024 $539.43 41064 $539.43 10/18/2024
55342200007-100424 Invoice 10/18/2024 $249.23 41064 $249.23 10/18/2024
91385393847-100424 Invoice 10/18/2024 $255.32 41064 $255.32 10/18/2024
53533876818-100424 Invoice 10/18/2024 $203.97 41064 $203.97 24/09 Droxford St Norwalk 10/18/2024
10/18/2024 10/23/2024
24/09 17514 Norwalk Blvd
10/18/2024 10/23/2024
24/09 18747 Fp Clarkdale
10/18/2024 10/23/2024
24/09 18750 Clarkdale Ave
10/18/2024 10/23/2024
24/09 18803 Elaine Ave.
10/18/2024 10/23/2024
24/09 Norwalk & South St.
10/18/2024 10/23/2024
24/09 Norwalk Blvd So of
24/09 17815 Pioneer Blvd
10/18/2024 10/23/2024
24/09 18506 IRR Pioneer
10/18/2024 10/23/2024
10/18/2024 10/23/2024
10/18/2024 10/23/2024
24/09 18747 Clarkdale Ave.
10/18/2024 10/23/2024
10/18/2024 10/23/2024
10/18/2024 10/23/2024
10/18/2024 10/23/2024
24/09 17512 IRR Norwalk
10/18/2024 10/23/2024
10/18/2024 10/23/2024
10/18/2024 10/23/2024
10/18/2024 10/23/2024
24/09 17189 IRR Baber Ave.

GOLDEN STATE WATER COMPANY
10/18/2024 10/23/2024
10/18/2024 10/23/2024
24/09 18609 IRR Pioneer
10/18/2024 10/23/2024
10/18/2024 10/23/2024
24/09 11504 Artesia Blvd
10/18/2024 10/23/2024
Ericka Jackson, 12/23/2023
10/22/2024 10/23/2024
Rene Trevino, 10/18/2024
10/22/2024 10/23/2024
Ericka Jackson, 10/18/2024
Totals for FRANCHISE TAX BOARD:

GATEWAY CITIES COUNCIL OF GOVERNMENTS
10/28/2024 10/29/2024
Annual Membership Dues
for Fiscal Year 2024- 2025
Totals for GATEWAY CITIES COUNCIL OF GOVERNMENTS:

Ericka Jackson, 10/04/2024
10/15/2024 10/16/2024
Ericka Jackson, 05/31/2024
10/15/2024 10/16/2024
Totals for FIRST LEGAL DEPOSITION SERVICE LLC:

FRANCHISE TAX BOARD
10/08/2024 10/09/2024
76772389227-101424 Invoice 10/18/2024 $154.52 41064 $154.52 24/09 11504 178th St 10/18/2024
$8,119.88 $8,119.88
78682921 Invoice 10/15/2024 $150.00 85507 $150.00
10/15/2024
$150.00 $150.00
2025-02 Invoice 10/29/2024 $15,000.00 85603 $15,000.00
10/09/2024
LSGR-24-01 Invoice 10/29/2024 $13,637.06 85603 $13,637.06 10/02/2024
$28,637.06 $28,637.06
10212024 Invoice 10/29/2024 $200.00 85604 $200.00
10/28/2024
$200.00 $200.00
SIN044138 Invoice 10/29/2024 $2,196.42 85605 $2,196.42
10/25/2024
$2,196.42 $2,196.42
SEPT/OCT2024 Invoice 10/15/2024 $1,198.60 85508 $1,198.60 Sept/Oct '24 - Karate 10/15/2024
Classes
$1,198.60 $1,198.60
78683512 Invoice 10/29/2024 $150.00 85606 $150.00
10/28/2024
$150.00 $150.00
SIN043690 Invoice 10/15/2024 $2,900.00 85509 $2,900.00
24/09 Cannabis Program 10/15/2024
$2,900.00 $2,900.00
5268026924 Invoice 10/15/2024 $16,514.65 85510 $16,514.65 10/15/2024
$16,514.65 $16,514.65
78335676 Invoice 10/15/2024 $81.00 85511 $81.00
Flag football Refund 10/15/2024
$81.00 $81.00
09302425 Invoice 10/15/2024 $1,654.00 85512 $1,654.00
24/09 Senior Meals 10/15/2024
$1,654.00 $1,654.00
116189 Invoice 10/08/2024 $5,682.50 85472 $5,682.50
10/08/2024
116188 Invoice 10/22/2024 $2,049.99 85563 $2,049.99
10/22/2024
$7,732.49 $7,732.49
79058757 Invoice 10/29/2024 $75.00 85607 $75.00
10/28/2024
$75.00 $75.00
78682621 Invoice 10/15/2024 $150.00 85513 $150.00
10/15/2024
$150.00 $150.00
78682997 Invoice 10/15/2024 $150.00 85514 $150.00
10/15/2024
$150.00 $150.00
Street Fair Deposit Refund
Totals for JACKQUELINE SAMSON:

IVY HERNANDEZ
10/28/2024 10/29/2024
Security Deposit Refund
Totals for IVY HERNANDEZ:

Jack Knight
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for Jack Knight:

JACKQUELINE SAMSON
10/15/2024 10/16/2024
Telephone Service Support
10/22/2024 10/23/2024
7/9-7/8/25 Telephone
Totals for INTELESYS:
11/01-1/31/25 HVCA
Totals for HONEYWELL INTERNATIONAL INC:

HUGO HERNANDEZ
10/15/2024 10/16/2024
Totals for HUGO HERNANDEZ:

HUMAN SERVICES ASSOCIATION
10/15/2024 10/16/2024
Totals for HUMAN SERVICES ASSOCIATION:

INTELESYS
10/08/2024 10/09/2024
Totals for HEDSSON JIMENEZ:

HILDA SALINAS
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for HILDA SALINAS:

HINDERLITER DE LLAMAS & ASSOCIATES
10/15/2024 10/16/2024
Totals for HINDERLITER DE LLAMAS & ASSOCIATES:

HONEYWELL INTERNATIONAL INC
10/15/2024 10/16/2024
2024 OCT-DEC CONTRACT
Totals for HDL COREN & CONE:

HEDSSON JIMENEZ
10/15/2024 10/16/2024
GWMA Annual Membership
10/02/2024 10/29/2024
Cost Share for Lower San
Gabriel River Watershed
Totals for GWMA:

HAMID EGHRARI
10/28/2024 10/29/2024
Waiver of Certification of
Totals for HAMID EGHRARI:

HDL COREN & CONE
10/25/2024 10/29/2024
10/18/2024 10/23/2024
Totals for GOLDEN STATE WATER COMPANY:

GRETA BENAVIDES
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for GRETA BENAVIDES:

GWMA
10/09/2024 10/29/2024
78770292 Invoice 10/22/2024 $65.00 85564 $65.00
Football Refund 10/22/2024
$65.00 $65.00
99772/3 Invoice 10/29/2024 $185.47 85608 $185.47
10/28/2024
$185.47 $185.47
JL38583 Invoice 10/01/2024 $395.00 85442 $395.00
10/01/2024
JL39011 Invoice 10/29/2024 $1,800.00 85609 $1,800.00
10/17/2024
$2,195.00 $2,195.00
ART1UO12407 Invoice 10/08/2024 $470.00 85473 $470.00
10/08/2024
ART1MS412407 Invoice 10/08/2024 $8,072.50 85473 $8,072.50 10/08/2024
ART1MS412408 Invoice 10/22/2024 $10,701.32 85565 $10,701.32 10/22/2024
ART1UO12408 Invoice 10/29/2024 $1,525.00 85610 $1,525.00 10/17/2024
$20,768.82 $20,768.82
NOV2024 Invoice 10/22/2024 $170.86 85566 $170.86
24/11 Medical Premium 10/22/2024
$170.86 $170.86
78680017 Invoice 10/22/2024 $81.00 85567 $81.00
Football Refund 10/22/2024
$81.00 $81.00
JULY/SEPT2024 Invoice 10/01/2024 $380.25 85443 $380.25
10/01/2024
$380.25 $380.25
NOV2024 Invoice 10/22/2024 $140.02 85568 $140.02
24/11 Medical Premium 10/22/2024
$140.02 $140.02
78682646 Invoice 10/15/2024 $150.00 85515 $150.00
10/15/2024
$150.00 $150.00
100124 Artesia Invoice 10/01/2024 $6,990.00 85459 $6,990.00 10/01/2024
$6,990.00 $6,990.00
NOV2024 Invoice 10/22/2024 $224.07 85569 $224.07
24/11 Medical Premium 10/22/2024
$224.07 $224.07
77919655 Invoice 10/15/2024 $300.00 85516 $300.00
10/15/2024
$300.00 $300.00
78769992 Invoice 10/22/2024 $81.00 85570 $81.00
Football Refund 10/22/2024
$81.00 $81.00
78682752 Invoice 10/15/2024 $150.00 85517 $150.00
10/15/2024
$150.00 $150.00

KAREN HEATH
10/22/2024 10/23/2024
Totals for KENIA DAVILA:

Khan Home Loan LLC
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for Khan Home Loan LLC:

KIMLEY HORN AND ASSOCIATES INC
Totals for KAREN HEATH:

KARMIK FASHIONS
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for KARMIK FASHIONS:

KENIA DAVILA
10/22/2024 10/23/2024

KAREN GONZALEZ
10/01/2024 10/02/2024
Design and Print for Annual
Totals for KAREN GONZALEZ:

July/Sept '24 Taiko
Totals for JULIE KOGA:

JUSTINE MENZEL
10/22/2024 10/23/2024
Totals for JUSTINE MENZEL:

KAISER PERMANENTE
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for KAISER PERMANENTE:

Oil Payment Program
Totals for JOHN L HUNTER & ASSOCIATES:

JOSE ASCENCIO
10/22/2024 10/23/2024
Totals for JOSE ASCENCIO:

JOSE PASTORES
10/22/2024 10/23/2024
Totals for JOSE PASTORES:

JULIE KOGA
10/01/2024 10/02/2024
24/07 Oil Payment Program
10/08/2024 10/09/2024
24/07 Municipal Storm
10/22/2024 10/23/2024
24/08 Municipal Storm
10/17/2024 10/29/2024
10/01/2024 10/02/2024
CNRA Botanical Garden10/17/2024 10/29/2024
Asbestos Work at Botanical
Totals for JLM ENVIRONMENTAL:

JOHN L HUNTER & ASSOCIATES
10/08/2024 10/09/2024

JASON THOMAS
10/22/2024 10/23/2024
Totals for JASON THOMAS:

JHM Supply
10/28/2024 10/29/2024
Artesia Park Bathroom
Totals for JHM Supply:

JLM ENVIRONMENTAL
29388769 Invoice 10/08/2024 $1,430.20 85474 $1,430.20
10/08/2024
29094279 Invoice 10/22/2024 $12,600.00 85571 $12,600.00 10/22/2024
29710649-18 Invoice 10/29/2024 $2,515.00 85611 $2,515.00 11700 Arkansas Street 09/30/2024
29710649-21 Invoice 10/29/2024 $6,270.00 85611 $6,270.00 G3 Urban Vttm 83834 09/30/2024
29388766 019 Invoice 10/29/2024 $3,540.00 85611 $3,540.00 24/08 11540 187th Street 08/31/2024
29388766-019B Invoice 10/29/2024 $345.00 85611 $345.00
24/08 11540 187th Street 08/31/2024
29388766 -18 Invoice 10/29/2024 $1,570.00 85611 $1,570.00 08/31/2024
$28,270.20 $28,270.20
78683303 Invoice 10/15/2024 $150.00 85518 $150.00
Street Fair Deposit 10/15/2024
Refund
$150.00 $150.00
78681668 Invoice 10/15/2024 $150.00 85519 $150.00
10/15/2024
$150.00 $150.00
24-1479 Aug24 Invoice 10/01/2024 $5,700.24 85444 $5,700.24 10/01/2024
24-1479 Jul24 Invoice 10/01/2024 $6,584.76 85444 $6,584.76 10/01/2024
24-1479 Sep24 Invoice 10/22/2024 $5,700.24 85572 $5,700.24 10/22/2024
$17,985.24 $17,985.24
09242024 Invoice 10/01/2024 $4,347.86 85445 $4,347.86
24/08 Animal Housing 10/01/2024
10222024 Invoice 10/22/2024 $4,973.40 85573 $4,973.40
24/09 Animal Housing 10/22/2024
$9,321.26 $9,321.26
24100701756 Invoice 10/29/2024 $4,620.74 85612 $4,620.74 24/09 Industrial Waste 10/22/2024
$4,620.74 $4,620.74
250485MR Invoice 10/15/2024 $716.45 85520 $716.45
24/08 Traffic Enforcement 10/15/2024
250482MR Invoice 10/15/2024 $1,862.82 85520 $1,862.82
24/08 DES Hall 10/15/2024
250484MR Invoice 10/15/2024 $5,693.40 85520 $5,693.40
24/08 Foot Patrol 10/15/2024
250486MR Invoice 10/15/2024 $6,916.30 85520 $6,916.30
24/08 La Mirage Event 10/15/2024
250483MR Invoice 10/15/2024 $15,994.65 85520 $15,994.65 24/08 Gang Suppression 10/15/2024
250318SS Invoice 10/15/2024 $369,930.26 85520 $369,930.26 10/15/2024
$401,113.88 $401,113.88
78683394 Invoice 10/15/2024 $150.00 85521 $150.00
10/15/2024
$150.00 $150.00
08/31/2024 10/29/2024
08/31/2024 10/29/2024
10/08/2024 10/09/2024
24/08 Metro Form 60
10/22/2024
24/08 General Law
Totals for LA COUNTY SHERIFF'S DEPARTMENT:

LAV'S ASIAN CUISINE
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for LAV'S ASIAN CUISINE:

LEGAL SHIELD
10/15/2024 10/16/2024
10/15/2024 10/16/2024
10/15/2024 10/16/2024
10/15/2024 10/16/2024
10/22/2024 10/29/2024
Totals for LA COUNTY DEPT OF PUBLIC WORKS:

LA COUNTY SHERIFF'S DEPARTMENT
10/15/2024 10/16/2024
10/15/2024 10/16/2024
24/07 CAL FIRE Urban Grant
10/22/2024 10/23/2024
24/09 CALFIRE GrantMaintenance Requirement
Totals for LA CONSERVATION CORPS:

LA COUNTY DEPT OF ANIMAL CONTROL
10/01/2024 10/02/2024
10/22/2024 10/23/2024
Totals for LA COUNTY DEPT OF ANIMAL CONTROL:

LA COUNTY DEPT OF PUBLIC WORKS
Totals for KRISHAN CHHELAVDA:

KRYSTAL ORTIZ
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for KRYSTAL ORTIZ:

LA CONSERVATION CORPS
10/01/2024 10/02/2024
24/08 CALFIRE Grant- Three
year Maintenance
10/01/2024 10/02/2024

KRISHAN CHHELAVDA
10/15/2024 10/16/2024
10/23/2024
24/09 EV Charging Facility
09/30/2024 10/29/2024
24/08 11700 Arkansas Street
Totals for KIMLEY HORN AND ASSOCIATES INC:
09/30/2024 10/29/2024
08/31/2024 10/29/2024
10152024 Invoice 10/15/2024 $184.60 85522 $184.60
24/10 Supplemental Ins. 10/15/2024
09152024 Invoice 10/15/2024 $184.60 85522 $184.60
24/09 Supplemental Ins. 10/15/2024
$369.20 $369.20
78769611 Invoice 10/22/2024 $81.00 85574 $81.00
Football Refund 10/22/2024
$81.00 $81.00
200006718171-092324 Invoice 10/08/2024 $657.22 85475 $657.22 10/08/2024
$657.22 $657.22
4750526848 Invoice 10/08/2024 $1,343.91 41057 $1,343.91 24/10 Life & Disability 10/08/2024
Ins.
$1,343.91 $1,343.91
00429461 Invoice 09/24/2024 $10,000.00 41058 $10,000.00 10/01/2024
IN250000176 Invoice 10/08/2024 $15,513.45 85476 $15,513.45 24/07 Building & Safety 10/08/2024
$25,513.45 $25,513.45
37101 Invoice 10/22/2024 $1,174.50 85575 $1,174.50
Legal Notice 10/4/24 10/22/2024
37130 Invoice 10/29/2024 $1,148.40 85613 $1,148.40
Legal Notice 10/18/24 10/18/2024
37109 Invoice 10/29/2024 $1,500.00 85613 $1,500.00
10/22/2024
$3,822.90 $3,822.90
78681554 Invoice 10/15/2024 $150.00 85523 $150.00
10/15/2024
$150.00 $150.00
5014 Invoice 10/08/2024 $500.00 85478 $500.00
10/08/2024
5015 Invoice 10/08/2024 $250.00 85477 $250.00
10/08/2024
$750.00 $750.00
17102 Invoice 10/22/2024 $250.00 85576 $250.00
10/22/2024
$250.00 $250.00
78681608 Invoice 10/15/2024 $150.00 85524 $150.00
10/15/2024
$150.00 $150.00
121 Invoice 10/29/2024 $3,490.00 85614 $3,490.00
10/16/2024
$3,490.00 $3,490.00
109928 Invoice 10/01/2024 $925.00 85446 $925.00
10/01/2024
109822 Invoice 10/01/2024 $1,407.00 85446 $1,407.00
10/01/2024
109824 Invoice 10/01/2024 $6,981.00 85446 $6,981.00
10/01/2024
110199 Invoice 10/08/2024 $8,903.00 85479 $8,903.00
10/08/2024

MARIPOSA LANDSCAPES INC
10/01/2024 10/02/2024
24/09 Irrigating Palm Trees
10/01/2024 10/02/2024
24/08 Botanical Garden10/01/2024 10/02/2024
24/08 Botanical Garden10/08/2024 10/09/2024
24/09 Landscape

MAHIMA JOSHI
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for MAHIMA JOSHI:

MANUEL AGUIAR
10/16/2024 10/29/2024
Catering for the City of
Artesia's State of the City
Totals for MANUEL AGUIAR:

City Holiday Program
Totals for MAGGIE NITZ:

MAGNOLIA ENVIRONMENTAL
10/22/2024 10/23/2024
C&D Deposit Refund for
17628 and 17630 Roseton
Totals for MAGNOLIA ENVIRONMENTAL:

Street Fair Advertisement
Totals for LOS CERRITOS COMMUNITY NEWS:

MADINAH BOOKS & GIFTS
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for MADINAH BOOKS & GIFTS:

MAGGIE NITZ
10/08/2024 10/09/2024
Winter Wonderland/Tree
10/08/2024 10/09/2024
Totals for LINCOLN NATIONAL LIFE INSURANCE:

LOS ANGELES COUNTY PUBLIC WORKS
10/08/2024 10/09/2024
Totals for LOS ANGELES COUNTY PUBLIC WORKS:

LOS CERRITOS COMMUNITY NEWS
10/22/2024 10/23/2024
10/18/2024 10/29/2024
10/22/2024 10/29/2024
LA Co PW for Stormwater
10/01/2024 10/10/2024
Totals for LEGAL SHIELD:

LEONIDAS ASUMBRADO
10/22/2024 10/23/2024
Totals for LEONIDAS ASUMBRADO:

LIBERTY UTILITIES
10/08/2024 10/09/2024
7/17-9/16/24 - 16712
Totals for LIBERTY UTILITIES:

LINCOLN NATIONAL LIFE INSURANCE
10/08/2024 10/10/2024
10/15/2024 10/16/2024
10/15/2024 10/16/2024
109974 Invoice 10/15/2024 $1,669.00 85525 $1,669.00
10/15/2024
$19,885.00 $19,885.00
NOV2024 Invoice 10/22/2024 $170.86 85577 $170.86
24/11 Medical Premium 10/22/2024
$170.86 $170.86
AUG/OCT2024 Invoice 10/15/2024 $675.50 85526 $675.50
Aug/Oct '24 - Dance 10/15/2024
Classes
$675.50 $675.50
004 Invoice 10/22/2024 $400.00 85578 $400.00
10/22/2024
$400.00 $400.00
78679934 Invoice 10/22/2024 $81.00 85579 $81.00
Football Refund 10/22/2024
$81.00 $81.00
10062024 Invoice 10/29/2024 $3,750.00 85615 $3,750.00
10/06/2024
$3,750.00 $3,750.00
JUN-AUG 2024 Invoice 10/01/2024 $150.00 85447 $150.00
10/01/2024
$150.00 $150.00
10242024 Invoice 10/29/2024 $250.00 85616 $250.00
10/28/2024
$250.00 $250.00
78682150 Invoice 10/15/2024 $150.00 85527 $150.00
10/15/2024
$150.00 $150.00
78684005 Invoice 10/29/2024 $150.00 85617 $150.00
10/28/2024
$150.00 $150.00
78682547 Invoice 10/15/2024 $150.00 85528 $150.00
10/15/2024
$150.00 $150.00
16235 Invoice 10/29/2024 $15,000.00 85618 $15,000.00
10/28/2024
$15,000.00 $15,000.00
221 Invoice 10/22/2024 $1,067.00 85580 $1,067.00
10/22/2024
$1,067.00 $1,067.00
78682720 Invoice 10/15/2024 $150.00 85529 $150.00
10/15/2024
$150.00 $150.00
NOV2024 Invoice 10/22/2024 $170.86 85581 $170.86
24/11 Medical Premium 10/22/2024
$170.86 $170.86
34232 Invoice 10/08/2024 $15,000.00 85480 $15,000.00
24/09 Street Sweeping 10/08/2024

NATALIE HERRERA
10/22/2024 10/23/2024
Totals for NATALIE HERRERA:

NATIONAL ENVIRONMENTAL SERVICES
10/08/2024 10/09/2024
FY23/24 Audit Interim Work
Totals for MOSS, LEVY & HARTZHEIM, LLP:

MS PHOTOGRAPHY
10/22/2024 10/23/2024
Miss Artesia Pageant
Photographer for Portraits
Totals for MS PHOTOGRAPHY:

MUKESH JOLLY
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for MUKESH JOLLY:

Street Fair Deposit Refund
Totals for MIRAMAX FOOD SERVICE:

MODHA REALTY, INC.
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for MODHA REALTY, INC.:

MOSS, LEVY & HARTZHEIM, LLP
10/28/2024 10/29/2024

MINAL MEHTA
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for MINAL MEHTA:

MIRAMAX FOOD SERVICE
10/28/2024 10/29/2024
09/2024 Consulting Services
Totals for MICHAEL J. EGAN:

MICHELLE DIAZ
10/01/2024 10/02/2024
2024/06-08 PC Meeting
Totals for MICHELLE DIAZ:

MIKE KILLEEN QUALITY ROOFING
10/28/2024 10/29/2024
C&D Deposit Refund -
Totals for MIKE KILLEEN QUALITY ROOFING:

Totals for MARY CARMEN GARCIA:

MCGRATH PRODUCTIONS, LLC
10/22/2024 10/23/2024
Photography for both
events on 10/30 SOTC and
Totals for MCGRATH PRODUCTIONS, LLC:

MELISSA PADILLA
10/22/2024 10/23/2024
Totals for MELISSA PADILLA:

MICHAEL J. EGAN
10/06/2024 10/29/2024
10/15/2024 10/16/2024
24/09 Median Irrigation
Totals for MARIPOSA LANDSCAPES INC:

MARTIN GAMEZ
10/22/2024 10/23/2024
Totals for MARTIN GAMEZ:

MARY CARMEN GARCIA
10/15/2024 10/16/2024
$15,000.00 $15,000.00
78683143 Invoice 10/15/2024 $150.00 85530 $150.00
10/15/2024
$150.00 $150.00
21579 Invoice 10/01/2024 $185.22 85448 $185.22
10/01/2024
21585 Invoice 10/29/2024 $1,885.28 85619 $1,885.28
City Envelopes 10/29/2024
$2,070.50 $2,070.50
78683812 Invoice 10/29/2024 $150.00 85620 $150.00
10/28/2024
$150.00 $150.00
386436733001 Invoice 10/01/2024 $511.93 85449 $511.93
Copy Paper 10/01/2024
$511.93 $511.93
78769789 Invoice 10/22/2024 $130.00 85582 $130.00
Football Refund 10/22/2024
$130.00 $130.00
INV-0004635425 Invoice 10/22/2024 $4,255.00 85583 $4,255.00 10/22/2024
INV-0004500030 Invoice 10/22/2024 $916.00 85583 $916.00 10/22/2024
INV-0004485588 Invoice 10/22/2024 $1,082.50 85583 $1,082.50 24/04 AJ Padelford Park 10/22/2024
Expansion
$6,253.50 $6,253.50
78813873 Invoice 10/22/2024 $500.00 85584 $500.00
10/22/2024
$500.00 $500.00
JUN 2024 Invoice 10/01/2024 $50.00 85450 $50.00
10/01/2024
$50.00 $50.00
61110 Invoice 10/22/2024 $490.50 85585 $490.50
10/22/2024
$490.50 $490.50
JUN-AUG 2024 Invoice 10/01/2024 $150.00 85451 $150.00
10/01/2024
$150.00 $150.00
INVM0019075 Invoice 10/15/2024 $18,327.70 85531 $18,327.70 24/09 Bus Shuttle Service 10/15/2024
$18,327.70 $18,327.70
JULY/OCT2024 Invoice 10/08/2024 $461.22 85481 $461.22
10/08/2024
$461.22 $461.22
78679812 Invoice 10/22/2024 $65.00 85586 $65.00
Football Refund 10/22/2024
$65.00 $65.00
78683329 Invoice 10/15/2024 $150.00 85532 $150.00
10/15/2024
$150.00 $150.00
Totals for PILAR SOSA:

Pista House
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for Pista House:

PLACEWORKS INC.

Totals for PCAM, LLC:

PETTY CASH
10/08/2024 10/09/2024
Replenish Petty Cash 7/20-
Totals for PETTY CASH:

PILAR SOSA
10/22/2024 10/23/2024
10/22/2024 10/23/2024
Fire Extinguisher KONA EV
Totals for PAINE'S FIRE PROTECTION:

PAUL BARCELOS
10/01/2024 10/02/2024
2024/06-08 PC Meeting
Totals for PAUL BARCELOS:

PCAM, LLC
10/15/2024 10/16/2024
Totals for OPC TRANSYSTEMS CORPORATION:

OSAN SHRESTHA
10/22/2024 10/23/2024
Facility Deposit Refund
Totals for OSAN SHRESTHA:

OSVALDO PALHINHA
10/01/2024 10/02/2024
2024/06 PC Meeting
Totals for OSVALDO PALHINHA:

PAINE'S FIRE PROTECTION
10/22/2024 10/23/2024
Totals for ODP BUSINESS SOLUTIONS, LLC:

OLONZO WOODFIN
10/22/2024 10/23/2024
Totals for OLONZO WOODFIN:

OPC TRANSYSTEMS CORPORATION
10/22/2024 10/23/2024
24/09 AJ Padelford Park
10/22/2024 10/23/2024
24/05 AJ Padelford Park
Updated Business Cards for
10/08/2024 10/29/2024
Totals for NORWALK PRINTING:

OAXACA ON WHEELS
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for OAXACA ON WHEELS:

ODP BUSINESS SOLUTIONS, LLC
10/01/2024 10/02/2024

NIEVES EL PARAISO & CONCESSIONS
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for NIEVES EL PARAISO & CONCESSIONS:

NORWALK PRINTING
10/01/2024 10/02/2024
Totals for NATIONAL ENVIRONMENTAL SERVICES:

ART-02.0-84013 Invoice 10/22/2024 $10,697.39 85587 $10,697.39 24/09 ADSP TOD SIP 10/22/2024
ART-02.0-84014 Invoice 10/22/2024 $16,046.09 85587 $16,046.09 10/22/2024
$26,743.48 $26,743.48
80855574-100224 Invoice 10/08/2024 $1,003.00 41059 $1,003.00 Refilled Postage Machine 10/08/2024
$1,003.00 $1,003.00
ISFDF 2024 final Invoice 10/01/2024 $38,101.25 85452 $38,101.25 10/01/2024
$38,101.25 $38,101.25
79679885 Invoice 10/22/2024 $81.00 85588 $81.00
Football Refund 10/22/2024
$81.00 $81.00
78810019 Invoice 10/22/2024 $65.00 85589 $65.00
Football Refund 10/22/2024
$65.00 $65.00
E00809 Invoice 10/01/2024 $5,350.00 85453 $5,350.00
10/01/2024
$5,350.00 $5,350.00
2024-09 Invoice 10/15/2024 $30,745.00 85533 $30,745.00
10/15/2024
2024-08 Invoice 10/15/2024 $36,275.00 85533 $36,275.00
10/15/2024
10232024 Invoice 10/29/2024 $1,700.00 85621 $1,700.00
11562 186th St. 10/07/2024
10232024 Invoice 10/29/2024 $500.00 85621 $500.00
18319 Summer 10/04/2024
$69,220.00 $69,220.00
78210071 Invoice 10/08/2024 $50.00 85482 $50.00
Baseball Refund 10/08/2024
$50.00 $50.00
78682504 Invoice 10/15/2024 $150.00 85534 $150.00
10/15/2024
$150.00 $150.00
78681261 Invoice 10/15/2024 $150.00 85535 $150.00
10/15/2024
$150.00 $150.00
78682202 Invoice 10/15/2024 $150.00 85536 $150.00
10/15/2024
$150.00 $150.00
78683179 Invoice 10/15/2024 $150.00 85537 $150.00
10/15/2024
$150.00 $150.00
77920345 Invoice 10/29/2024 $150.00 85622 $150.00
10/28/2024
$150.00 $150.00
6672 Invoice 10/29/2024 $250.00 85623 $250.00
24/09 Advisory Fee 09/30/2024
6280 Invoice 10/29/2024 $750.00 85623 $750.00
24/08 Advisory Fee 08/31/2024
$1,000.00 $1,000.00

SANTOSHA JOSEPH
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for SANTOSHA JOSEPH:

SHUAB OKAIYE
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for SHUAB OKAIYE:

SHUSTER ADVISORY GROUP
09/30/2024 10/29/2024
08/31/2024 10/29/2024
Totals for SHUSTER ADVISORY GROUP:
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for SAELI GUTIERREZ:

Totals for RUBEN RODRIGUEZ:

SAAHAS FOR CAUSE
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for SAAHAS FOR CAUSE:

SABY SYRIAC
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for SABY SYRIAC:

SAELI GUTIERREZ
24/09 Engineering Services
10/15/2024 10/16/2024
24/08 Engineering Services
10/07/2024 10/29/2024
10/04/2024 10/29/2024
Totals for RON IBARRA ENGINEERING:

RUBEN RODRIGUEZ
10/08/2024 10/09/2024
Sand Star E - Rake
Totals for RMT EQUIPMENT:

RON IBARRA ENGINEERING
10/15/2024 10/16/2024
Deposit for ISFDF 2024
Totals for RAMIREZ PRODUCTIONS:

REGINA MONTUFAR
10/22/2024 10/23/2024
Totals for REGINA MONTUFAR:

RESHMA MAKKAR
10/22/2024 10/23/2024
Totals for RESHMA MAKKAR:

RMT EQUIPMENT
10/01/2024 10/02/2024
10/22/2024 10/23/2024
10/22/2024 10/23/2024
24/09 ADSP for TOD Portion
Totals for PLACEWORKS INC.:

Quadient Finance USA Inc.
10/08/2024 10/10/2024
Totals for Quadient Finance USA Inc.:

RAMIREZ PRODUCTIONS
10/01/2024 10/02/2024
711357 Invoice 10/01/2024 $255.44 85454 $255.44
10/01/2024
$255.44 $255.44
79057061 Invoice 10/29/2024 $150.00 85624 $150.00
10/28/2024
$150.00 $150.00
78810070 Invoice 10/22/2024 $81.00 85590 $81.00
Football Refund 10/22/2024
$81.00 $81.00
700454958639-092524 Invoice 10/08/2024 $23.79 41060 $23.79 24/09 18510 Corby Ave. 10/08/2024
700483004874-092624 Invoice 10/08/2024 $15,551.13 41060 $15,551.13 24/09 Various Locations 10/08/2024
700485859203-092524 Invoice 10/08/2024 $2,960.44 41060 $2,960.44 10/08/2024
700492283835-091824 Invoice 10/08/2024 $272.73 41060 $272.73 24/09 Various Locations 10/08/2024
TC-1
700492421150-091824 Invoice 10/08/2024 $112.60 41060 $112.60 24/09 Artesia/Gridley 10/08/2024
700498964105-091824 Invoice 10/08/2024 $373.50 41060 $373.50 10/08/2024
700560422190-091824 Invoice 10/08/2024 $67.31 41060 $67.31 10/08/2024
700562509108-091824 Invoice 10/08/2024 $70.36 41060 $70.36 24/09 12001 Artesia Blvd 10/08/2024
700405333439-092624 Invoice 10/08/2024 $1,506.45 41060 $1,506.45 24/09 Various Locations 10/08/2024
700491366274-100124 Invoice 10/08/2024 $17,614.24 41060 $17,614.24 24/09 Various Locations 10/08/2024
$38,552.55 $38,552.55
12280628004-101624 Invoice 10/22/2024 $41.33 41065 $41.33 24/10 11931 South St 10/22/2024
12690659565-101424 Invoice 10/22/2024 $14.30 41065 $14.30 24/10 18641 Corby Ave 10/22/2024
17740623008-101424 Invoice 10/22/2024 $25.67 41065 $25.67 10/22/2024
17950623003-101424 Invoice 10/22/2024 $17.83 41065 $17.83 10/22/2024
17949759637-101424 Invoice 10/22/2024 $8.91 41065 $8.91 24/10 18644 Alburtis Ave 10/22/2024
04530693599-101824 Invoice 10/22/2024 $7.72 41065 $7.72 24/10 11870 169th St 10/22/2024
$115.76 $115.76
105751 Invoice 10/29/2024 $8.76 85625 $8.76
Replacement Key for 10/28/2024
$8.76 $8.76
R-00552375 Invoice 10/15/2024 $500.16 85538 $500.16
10/15/2024
$500.16 $500.16
10172024 Invoice 10/22/2024 $8,550.00 85591 $8,550.00
10/22/2024
$8,550.00 $8,550.00
813447 Invoice 10/04/2024 $658.32 41062 $658.32
10/15/2024 10/16/2024
11/1-11/31/25 11870 169th
Totals for SSD ALARM SYSTEMS:

STEPHEN JAMES LICENSED BUILDING CONTRACTORS
10/22/2024 10/23/2024
C&D Deposit Refund 18702
Totals for STEPHEN JAMES LICENSED BUILDING CONTRACTORS:

Sterling Administration
10/04/2024 10/16/2024
Median Water Timer on
Norwalk Blvd.

Totals for SOUTHERN CALIFORNIA SECURITY CENTERS:

SSD ALARM SYSTEMS
10/22/2024 10/23/2024
10/22/2024 10/23/2024
Totals for Southern California Gas Company:

SOUTHERN CALIFORNIA SECURITY CENTERS
10/28/2024 10/29/2024
Totals for Southern California Edison Company:

Southern California Gas Company
10/22/2024 10/23/2024
10/22/2024 10/23/2024
10/22/2024 10/23/2024
24/10 18747 Clarkdale Ave.
10/22/2024 10/23/2024
24/10 18750 Clarkdale Ave.
10/08/2024 10/10/2024
24/09 18750 Clarkdale EV
10/08/2024 10/10/2024
24/09 18600 1/2 S Norwalk
10/08/2024 10/10/2024
10/08/2024 10/10/2024
10/08/2024 10/10/2024
10/08/2024 10/10/2024
10/08/2024 10/10/2024
10/08/2024 10/10/2024
10/08/2024 10/10/2024
24/09 Various Traffic Signals
10/08/2024 10/10/2024
9/27-10/24/24 Historical
Totals for SO CAL INDUSTRIES:

SOFA OAKES
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for SOFA OAKES:

SONYA ESSOH
10/22/2024 10/23/2024
Totals for SONYA ESSOH:

Southern California Edison Company

SO CAL INDUSTRIES
10/01/2024 10/02/2024
10/04/2024
814534 Invoice 10/21/2024 $658.32 41066 $658.32
10/21/2024
$1,316.64 $1,316.64
78682683 Invoice 10/15/2024 $150.00 85539 $150.00
10/15/2024
$150.00 $150.00
78682954 Invoice 10/15/2024 $150.00 85540 $150.00
10/15/2024
$150.00 $150.00
78681311 Invoice 10/15/2024 $150.00 85541 $150.00
Street Fair Deposit 10/15/2024
Refund
$150.00 $150.00
78683628 Invoice 10/29/2024 $150.00 85626 $150.00
10/28/2024
$150.00 $150.00
78683777 Invoice 10/29/2024 $150.00 85627 $150.00
10/28/2024
$150.00 $150.00
78683368 Invoice 10/15/2024 $150.00 85542 $150.00
10/15/2024
$150.00 $150.00
78681875 Invoice 10/15/2024 $150.00 85543 $150.00
10/15/2024
$150.00 $150.00
78683587 Invoice 10/29/2024 $150.00 85628 $150.00
10/28/2024
$150.00 $150.00
181728250-0 Invoice 10/01/2024 $3,731.52 85455 $3,731.52 24/09 Telephone Service 10/01/2024
182308174-0 Invoice 10/29/2024 $4,622.51 85629 $4,622.51 10/24/2024
$8,354.03 $8,354.03
7883-24/09 Invoice 10/10/2024 $30,398.91 41067 $30,398.91 10/10/2024
$30,398.91 $30,398.91
77919624 Invoice 10/29/2024 $150.00 85630 $150.00
10/28/2024
$150.00 $150.00
515011 - DT Invoice 10/22/2024 $1,025.00 85592 $1,025.00 10/22/2024
$1,025.00 $1,025.00
AUG 2024 Invoice 10/01/2024 $50.00 85456 $50.00
10/01/2024
$50.00 $50.00
REIMB Invoice 10/15/2024 $59.22 85544 $59.22
10/15/2024
$59.22 $59.22
IR-2714 Invoice 10/08/2024 $700.00 85483 $700.00

VIOLA ROMAN
10/15/2024 10/16/2024
Class-C Passenger
Totals for VIOLA ROMAN:

VVA Chapter 1024
10/08/2024 10/09/2024
Street Fair Deposit Refund
Totals for UMA ARUMUGAM:

VALIANCE CAPITAL LLC
10/22/2024 10/23/2024
24/11 Referee Coverage for
Totals for VALIANCE CAPITAL LLC:

VICTOR MANALO
10/01/2024 10/02/2024
2024/08 PC Meeting
Totals for VICTOR MANALO:

U.S. BANK CORPORATE PAYMENT SYSTEMS
10/10/2024 10/23/2024
24/09 Credit Card Purchases
Totals for U.S. BANK CORPORATE PAYMENT SYSTEMS:

UMA ARUMUGAM
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for THE FAMILY PIZZA:

TPX COMMUNICATIONS
10/01/2024 10/02/2024
10/24/2024 10/29/2024
Telephone Cancellation Fee
Totals for TPX COMMUNICATIONS:
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for TATAY RY'S:

TERESA MARTINEZ
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for TERESA MARTINEZ:

THE FAMILY PIZZA
10/28/2024 10/29/2024
Totals for SURENDRA SAPKOTA:

SWEETS ON WHEELS
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for SWEETS ON WHEELS:

TACOS EL VALIII
10/28/2024 10/29/2024
Street Fair Deposit Refund
Totals for TACOS EL VALIII:

TATAY RY'S
Street Fair Deposit Refund
Totals for SUN WEST MORTGAGE COMPANY:

SURENDRA SAPKOTA
10/15/2024 10/16/2024
24/10 FSA/DCA
10/21/2024 10/23/2024
24/10 FSA/DCA
Totals for Sterling Administration:

SUMMER HENRY
10/15/2024 10/16/2024
Street Fair Deposit Refund
Totals for SUMMER HENRY:

SUN WEST MORTGAGE COMPANY
10/15/2024 10/16/2024
10/08/2024
$700.00 $700.00
78683066 Invoice 10/15/2024 $150.00 85545 $150.00
10/15/2024
$150.00 $150.00
0160-08312024 Invoice 10/15/2024 $109.25 85546 $109.25
10/15/2024
$109.25 $109.25
219567 Invoice 10/08/2024 $6,960.00 85484 $6,960.00
24/09 Tree Maintenance 10/08/2024
$6,960.00 $6,960.00
21574 Invoice 10/08/2024 $2,308.43 85485 $2,308.43
10/08/2024
21573 Invoice 10/08/2024 $4,000.00 85485 $4,000.00
10/08/2024
21575 Invoice 10/15/2024 $921.33 85547 $921.33
10/15/2024
$7,229.76 $7,229.76
67451631 Invoice 10/01/2024 $192.81 85457 $192.81
24/09 11870 169th St 10/01/2024
67454562 Invoice 10/01/2024 $145.00 85457 $145.00
10/01/2024
67452751 Invoice 10/01/2024 $115.53 85457 $115.53
24/09 17203 Corby Ave. 10/01/2024
67451272 Invoice 10/01/2024 $113.50 85457 $113.50
10/01/2024
67451165 Invoice 10/01/2024 $97.16 85457 $97.16
24/09 18641 Corby Ave. 10/01/2024
67451164 Invoice 10/01/2024 $97.16 85457 $97.16
24/09 18644 187th St. 10/01/2024
68660622 Invoice 10/15/2024 $145.00 85548 $145.00
10/15/2024
68657495 Invoice 10/15/2024 $127.12 85548 $127.12
10/15/2024
68658914 Invoice 10/15/2024 $115.53 85548 $115.53
24/10 17203 Corby Ave. 10/15/2024
68657389 Invoice 10/15/2024 $97.16 85548 $97.16
24/10 18644 187th St. 10/15/2024
68657390 Invoice 10/15/2024 $97.16 85548 $97.16
24/10 18641 Corby Ave. 10/15/2024
$1,343.13 $1,343.13
100190407 Invoice 10/22/2024 $1,318.93 41068 $1,318.93
10/22/2024
$1,318.93 $1,318.93
00628706 Invoice 10/15/2024 $6,118.00 85549 $6,118.00
10/15/2024
$6,118.00 $6,118.00
00714241 Invoice 10/01/2024 $20,925.00 85458 $20,925.00 24/08 Housing Element 10/01/2024
$20,925.00 $20,925.00
16091464 Invoice 10/22/2024 $1,310.00 85593 $1,310.00
Halloween - Laser Tag 10/22/2024
$1,310.00 $1,310.00
78683746 Invoice 10/29/2024 $150.00 85631 $150.00

YESENIA CONTRERAS
10/28/2024 10/29/2024
Totals for WILLDAN ENGINEERING:

WILLDAN FINANCIAL SERVICES
10/01/2024 10/02/2024
Totals for WILLDAN FINANCIAL SERVICES:

XP Mobile laser Tag
10/22/2024 10/23/2024
Totals for XP Mobile laser Tag:
10/15/2024 10/16/2024
Totals for WESTERN EXTERMINATOR COMPANY:

Wex Bank
10/22/2024 10/23/2024
24/09 Gas Card Purchases
Totals for Wex Bank:

WILLDAN ENGINEERING
10/15/2024 10/16/2024
24/08 Pavement
10/01/2024 10/02/2024
10/15/2024 10/16/2024
24/10 8750 Clarkdale Ave.
10/15/2024 10/16/2024
24/10 18747 Clarkdale Ave.
10/15/2024 10/16/2024
10/15/2024 10/16/2024
10/01/2024 10/02/2024
24/09 18747 Clarkdale Ave.
10/01/2024 10/02/2024
Artesia Council Chamber AV
10/15/2024 10/16/2024
Change Order #3 Council
Totals for WESTERN AUDIO VISUAL:

WESTERN EXTERMINATOR COMPANY
10/01/2024 10/02/2024
10/01/2024 10/02/2024
24/09 18750 Clarkdale Ave.
10/01/2024 10/02/2024
24/08 Groundwater
Totals for WATER REPLENISHMENT DISTRICT OF SO. CALIF.:

WEST COAST ARBORISTS INC
10/08/2024 10/09/2024
Totals for WEST COAST ARBORISTS INC:

WESTERN AUDIO VISUAL
10/08/2024 10/09/2024
Council Chamber AV
Upgrade - Change Order #2
10/08/2024 10/09/2024
Street Fair Deposit Refund
Totals for WALLIS BANK:

WATER REPLENISHMENT DISTRICT OF SO. CALIF.
10/15/2024 10/16/2024
Veterans Day Ceremony -
Totals for VVA Chapter 1024:

WALLIS BANK
10/15/2024 10/16/2024
10/28/2024
$150.00 $150.00
90002995 Invoice 10/22/2024 $1,989.00 85594 $1,989.00
10/22/2024
5610003328 Invoice 10/22/2024 $3,452.49 85594 $3,452.49 10/22/2024
$5,441.49 $5,441.49
$1,193,818.06 $1,193,818.06
Payroll 10/4/2024 $85,663.93
10/18/2024 $97,488.83
Total Payroll $183,152.76
Total Disbursement $1,376,970.82
24/09 Traffic Signal
10/22/2024 10/23/2024
24/09 Traffic Signal
Totals for YUNEX LLC:

GRAND TOTALS:

A total of 287 transaction(s) listed
Street Fair Deposit Refund
Totals for YESENIA CONTRERAS:

YUNEX LLC
10/22/2024 10/23/2024

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 9D.

TO: Mayor and Members of the City Council
SUBJECT: City Financial Report - September 2024
FROM: Jamie Murguia, Finance Manager
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:

Staff recommends that the City Council receive and file the report.

BACKGROUND:

In accordance with Artesia Municipal Code (AMC) 2-4.705 (f), the attached Finance Report details the activity and balance for all City accounts and funds as of September 30, 2024. Reports are reconciled for cash on hand (bank) to cash recorded in the general ledger through the period ending September 30, 2024.

Activity for Money Market, Checking, Revolving, Cafeteria, Local Agency Investment Fund, CDBG, and Petty Cash are provided for review. Fund Balances compare the cash to each fund's obligation. The balance of the individual accounts and funds should be read with the understanding that cash on hand, is not cash available for unplanned expenditures. The cash balance encompasses the City's contingency reserves, operating expenditures, and monies kept in restricted use funds including Trust and Agency. The City of Artesia is debt-free; therefore, the finance report does not include any debt activity.

ANALYSIS:

The City is the recipient of several reimbursable grants. This means that, while the City has been awarded funding projects, the City must front the cost of those projects with General Fund revenue, and request reimbursement from the respective grantor as each project progresses. Towards that end, the balance of individual accounts and funds reflected in these Reports will vary from month to month as expenses are made and reimbursements are received.

FISCAL IMPACT:

There is no fiscal impact associated with the receipt and file of this report.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council receive and file the report.

Attachments
Treasurer Report 093024.pdf

MONEY MARKET

ACCOUNT

CHECKING

ACCOUNT
LOCAL
AGENCY

INVESTMENT

ACCOUNT
Beginning Balance - 9/1/24 56,944.97 146,627.37 9,061,860.57 State/County/Misc Monthly Wires 506,855.95 - -
Deposits 241,454.74 - -
Civic Plus Credit deposits - 17,187.00 -
Credit Transactions - 4,218.75 -
PayGov Credit Deposits - 42,259.16 -
Transfer from Money Market - 607,000.00 -
Transfer from LAIF Account - 1,800,000.00 -
Interest Income 3.58 - -
Transfer to Checking Account (607,000.00) - (1,800,000.00) Transfer to LAIF Account - - -
Transfer to CAMP/CLASS Account - - -
Disbursements - (1,991,904.66) -
Benefits Wires - (22,525.20) -
PERS Health - (62,704.46) -
PERS Retirement - (35,629.02) -
Payroll - (178,408.33) -
Payroll Tax Wire (EDD/IRS) - (38,181.00) -
Bank Fees/Paid Parking Fees (1,233.03) (1,251.77) -
Ending Balance - 9/30/2024 197,026.21 286,687.84 7,261,860.57

CAMP ACOUNT CLASS ACOUNT

CAFETERIA

ACCOUNT
Beginning Balance - 9/1/24 9,315,417.74 8,595,771.08 1,324.56 Transfer from Checking Account - - -
Deposits 40,379.41 37,045.31 -
Checks Written during the month - - -
Ending Balance - 9/30/2024 9,355,797.15 8,632,816.39 1,324.56

CDBG FIX-UP

PROGRAM PETTY CASH

REVOLVING

ACCOUNT
Beginning Balance - 9/1/24 1,716.19 500.00 1,362.14
Deposits - - -
Disbursements - - -
Ending Balance - 9/30/2024 1,716.19 500.00 1,362.14

TOTAL ALL

ACCOUNTS
Beginning Balance - 9/1/24 27,181,524.62
Deposits 3,296,403.90
Disbursements (4,738,837.47)
Ending Balance - 9/30/2024 25,739,091.05
09/30/24
Treasurer's Report
City of Artesia

GENERAL FUND
(100)

SUMMER LUNCH
PROGRAM (150)
Cash Balance 13,932,444.40 5,140.08
Receivables 524,829.50 -
Prepaid Expenses (2,361.44) -
Investment Appreciation - -
Liabilities (946,900.96) -
FUND BALANCE 13,508,011.50 5,140.08

SPECIAL REVENUE FUNDS

ARTESIA

HOUSING
AUTHORITY (200)

AJ PARK
EXPANSION (205)

BICYCLE /

PEDESTRIAN
FUND (210)
Cash Balance 887,676.88 (588,167.24) 933.52
Receivables - -
Liabilities (61,895.00) - -
FUND BALANCE 825,781.88 (588,167.24) 933.52
PUBLIC

EDUCATION IN

GOVERNMENT
(215)

BILLBOARD
FUND (220)

CNRA SPECIFIED
GRANT (225)
Cash Balance (34,585.62) 599,367.85 (636,106.15)
Receivables - 1,917,319.66 -
Liabilities - (1,917,319.66) -
FUND BALANCE (34,585.62) 599,367.85 (636,106.15)

CALIFORNIA

BEVERAGE

RECYCLING
(230)

CITIZEN OPTION

FOR PUBLIC
SAFETY (240)

CLEAN AIR FUEL

BUS GRANT
(250)
Cash Balance 5,246.37 292,737.47 (10,547.50)
Receivables - - -
Liabilities - - -
FUND BALANCE 5,246.37 292,737.47 (10,547.50)
City of Artesia
Comparison of Cash Balances to Fund Balance
09/30/24
City of Artesia
Comparison of Cash Balances to Fund Balance
09/30/24
SPECIAL REVENUE FUNDS (continued)

COMMUNITY

FACILITY
DISTRICT (260)

COMMUNITY

DEVELOPMENT

BLOCK GRANT
(270)

CALIFORNIA

STREET GRANTS
(280)
Cash Balance 52,562.82 (20,603.10) 401,065.39
Receivables - - -
Liabilities - - -
FUND BALANCE 52,562.82 (20,603.10) 401,065.39

FEDERAL STPL
(290)
MAP 21
EXCHANGE (310)

MEASURE M
(320)
Cash Balance 66,284.09 183,043.55 1,153,979.85
Receivables - -
Liabilities - - -
FUND BALANCE 66,284.09 183,043.55 1,153,979.85

MEASURE R
(330)

TOD PLANNING
GRANT (340)

COUNTY PARK

IMPROVEMENT
(350)
Cash Balance 490,088.58 (142,001.51) 1,217,980.53
Receivables - - -
Liabilities - - -
FUND BALANCE 490,088.58 (142,001.51) 1,217,980.53

PROPOSITION A
FUND (360)

PROPOSITION C
FUND (370) SB1 RMRA (375)
Cash Balance 1,139,691.65 605,784.96 770,324.82
Receivables - - -
Liabilities (8,947.40) - -
FUND BALANCE 1,130,744.25 605,784.96 770,324.82
City of Artesia
Comparison of Cash Balances to Fund Balance
09/30/24
SPECIAL REVENUE FUNDS (continued)
SB 1383
GIVEAWAY (377)

SOUTH COAST

AIR QUALITY
MGMT DIST (390)

SAFE ROUTE TO
SCHOOL (400)
Cash Balance 75,000.00 313,945.69 (0.32)
Receivables - 1,026.00 -
Liabilities - - -
FUND BALANCE 75,000.00 314,971.69 (0.32)

SHERIFF

FORFEITURES &
SEIZURES (410)

STATE GAS TAX
(420)

HOME STAY
PROGRAM (430)
Cash Balance 447.20 (28,842.81) 3,223.26
Prepaid Expenses - - -
Liabilities - - -
FUND BALANCE 447.20 (28,842.81) 3,223.26
STREET

LIGHTING

MAINTENANCE
FUND (440)

TRAFFIC

CONGESTION
RELIEF (450)

CAL FIRE URBAN
GRANT (460)
Cash Balance 69,643.69 20,802.34 (21,036.45)
Receivables - - -
Liabilities - - -
FUND BALANCE 69,643.69 20,802.34 (21,036.45)

DEVELOPMENT

IMPACT FEES
(470)

MEASURE W
(480)

RECYCLED OIL
(490)
Cash Balance 2,012,877.39 759,048.12 5,021.18
Prepaid Expenses - - -
Liabilities - (10,000.00) -
FUND BALANCE 2,012,877.39 749,048.12 5,021.18
City of Artesia
Comparison of Cash Balances to Fund Balance
09/30/24

CAPITAL PROJECTS FUNDS

SPECIAL /

CAPITAL

PROJECT FUND
(500)

PIONEER BOND
PROJECT (510)

HISTORICAL

DISTRICT BOND
PROJECT (520)
Cash Balance 196,740.59 366,909.05 591,118.09
Receivables 19,533.97 - -
Liabilities - - -
FUND BALANCE 216,274.56 366,909.05 591,118.09

AGENCY FUNDS

TRUST AND
AGENCY (710)
SENIOR
CITIZENS (720)
GEORGE
NELSON

MEMORIAL FUND
(740)
Cash Balance 67,690.37 6,271.99 2,243.57
Receivables - - -
Liabilities (67,690.37) (6,271.99) (2,243.57)

FUND BALANCE - - -

TOTAL ALL FUNDS
Cash Balance 24,813,444.64
Receivables 2,462,709.13
Fixed Assets, net -
Prepaid Expenses (2,361.44)
Investment Appreciation -
Liabilities (3,021,268.95)
FUND BALANCE 24,252,523.38
City of Artesia
Comparison of Cash Balances to Fund Balance
09/30/24

SUCCESSOR AGENCY FUNDS

SUCCESSOR

AGENCY ADMIN
PROJECTS (800)

SUCCESSOR

AGENCY TAX

INCREMENT
(810)

REDEVELPMT

OBLIGATION

RETIREMENT
FUND (820)
Cash Balance - 455,102.54 470,543.87
Cash with Fiscal Agent - 484.89 -
Liabilities - - (585,442.00)
Bonds Payable - (11,888,786.84) -
FUND BALANCE - (11,433,199.41) (114,898.13)

TOTAL SUCCESSOR FUNDS
Cash Balance 925,646.41
Cash with Fiscal Agent 484.89
Liabilities (585,442.00)
Bonds Payable (11,888,786.84)
FUND BALANCE (11,548,097.54)

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 9E.

TO: Mayor and Members of the City Council
SUBJECT: Professional Services Agreement Amendment for Acquisition Services FROM: Leslie Nacionales-Tafoya, Management Analyst
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:

Staff recommends the City Council approve, and authorize the City Manager to execute on the Council’s behalf, Amendment No. 4 to the Professional Services Agreement for Acquisition Services between the City of Artesia and Overland, Pacific & Cutler, Inc. (“OPC”), to extend the term until December 31, 2026 and increase the compensation to $190,825 for the A.J. Padelford Park Expansion Project.

BACKGROUND:

In 2019, the City was awarded a grant from the State Parks Department Office of Grants and Local Services (OGALS) for the purpose of expanding the existing A.J. Padelford Park located in the northern portion of the City. In 2020, City Council approved a Professional Services Agreement with OPC to assist the City with acquiring singlefamily residential properties to expand the park up to 169th Street. Acquisition includes activities such as title reports, appraisals, title clearance, seller agreements, relocation plans and relocation assistance. With OPC’s assistance, the City acquired four properties for the expansion and the City is currently in escrow for the purchase of a fifth property. The agreement with OPC was passed with a not to exceed amount of $84,830. Subsequent amendments extended the agreement period and increased the total compensation to $150,825. The third amendment expired in 2022, however, as allowed under the agreement, the term was extended through mutual written agreement via letters of extension over the last two years.

The Agreement with OPC is funded by the grant from OGALS for the A.J. Padelford Park Expansion Project. The City has previously received two grant extensions from the State in part due to escrow periods taking longer than anticipated because of the time it takes for the property owners to relocate. The City recently requested another extension, and if approved, would extend the grant period to June 30, 2027.

ANALYSIS:

Since May 2020, Staff has been working with OPC to move the A.J. Padelford Park Expansion Project forward.

OPC has been performing all agreed upon services, consistently communicates with homeowners, and offers acquisition expertise to staff. As of now, the City is currently in escrow for the purchase of its fifth property for the project and OPC's services are needed to complete this acquisition along with future acquisitions.

Amendment No. 4 to the Professional Services Agreement with OPC proposes to extend the term of the agreement through December 31, 2026 to complete the A.J. Padelford Park Expansion Project. Amendment No. 4 also proposes to increase the not to exceed amount from $150,825 to $190,825 to complete the remaining acquisition services.

FISCAL IMPACT:

Approval of Amendment No. 4 has no impact on the General Fund as services under this agreement are reimbursable through the State grant for the A.J. Padelford Park Expansion Project.

RECOMMENDED COUNCIL ACTION:

Attachments
Fourth Amendment AJPP Expansion.pdf
Agreement & Amendments 1-3.pdf
Contract Extension through March 2023.pdf
Contract Extension through March 2024.pdf

FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ARTESIA AND OVERLAND, PACIFIC & CUTLER, LLC. FOR THE A.J.

PADELFORD PARK EXPANSION PROJECT

1. PARTIES AND DATE.

This Fourth Amendment to the Agreement for Acquisition Services (“Fourth Amendment”) is entered into on November 18, 2024, and effective as of March 31, 2024, by and between the City of Artesia (hereinafter referred to as the “City”) and Overland, Pacific & Cutler, LLC. (hereinafter referred to as the “Consultant”). City and Consultant are sometimes collectively referred to herein as the “Parties.”

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Acquisition Services dated May 11, 2020 (“Agreement”).

2.2 First Amendment. The Parties entered into the First Amended on July 1, 2020 to amend the scope to provide a relocation cost estimate and increased the compensation by $700.

2.3 Second Amendment. The Parties entered into the Second Amendment on March 22, 2021 to amend the scope to provide updated comparable housing analyses and notices of eligibility for relocation benefits and increased the compensation by $3,660.

2.4 Third Amendment. The Parties entered the Third Amendment on May 10, 2021 to extend the term and increase the total compensation to $150,825. Consultant has been providing services to the City under the Agreement from the beginning of the term to present.

2.5 Fourth Amendment. The Parties now desire to amend the Agreement in order to extend the term and to increase the total compensation under the Agreement as provided herein.

3. TERMS.

3.1 Term. Section 3.1.2 “Term” of the Agreement is hereby amended so that the term shall be from May 11, 2020 to December 31, 2026.

3.2 Compensation. Section 3.3.1 “Compensation” is hereby amended and restated in its entirety to read as follows:
“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C,” incorporated herein by this reference. The total compensation shall not exceed One Hundred Ninety Thousand Eight Hundred Twenty-Five Dollars ($190,825) without written approval of the City Council or City Manager, as applicable and shall be subject to the conditions set for in provision 3.3.2 Extra Work, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. The City Manager will have authority to approve Extra Work within 10% of the total compensation.”

3.3 Exhibit “C.” Exhibit “C” is hereby replaced in its entirety and restated as follows:
“SCHEDULE OF HOURLY RATES
The City will compensate the Consultant for services provided under this Agreement at the following hourly rates:

Project Consultant 4 $130
Real Estate Specialist 3 $105”

3.4 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
[Signatures on following page]

SIGNATURE PAGE TO

FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ARTESIA AND OVERLAND, PACIFIC & CUTLER, LLC. FOR THE A.J.

PADELFORD PARK EXPANSION PROJECT
IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement on this ______ day of ___________________, 2024.

CITY OF ARTESIA OVERLAND, PACIFIC & CUTLER, LLC.

By: ____________________________ By: ______________________________ Abel Avalos Brian Everett
City Manager President and Chief Executive Officer
Attest:

Jennifer Alderete
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney

www.OPCservices.com | 3750 Schaufele Avenue, Suite 150, Long Beach, CA 90808 ph 562.304.2000 | fx 562.304.2020
March 23, 2020
Andrea Mejia
Management Analyst
City of Artesia
18747 Clarkdale Ave
Artesia, CA 90701
Submitted via email: [email protected]
RE: REVISED V3 Proposal to Provide Residential Acquisition and Relocation Services for properties located on 169th Street, Artesia, CA

Dear Ms. Mejia:

Thank you for reaching out to Overland, Pacific & Cutler, Inc. (OPC) for your acquisition and relocation needs for the properties identified on 169th Street in Artesia, CA. We understand that the City of Artesia (City) is interested in acquiring ten (10) residential homes to expand the A.J. Padelford Park facility. The following proposal will provide the City with OPC’s approach, scope, and fees for the requested services in addition to optional services that may be beneficial to your project. We are excited about this opportunity and look forward to working with you to deliver this necessary project for the City of Artesia.

OPC, a full-service real estate company, has been delivering acquisition and relocation projects throughout California since 1980. We relocate thousands of residential owners and tenants each year for public agencies and have more Uniform Relocation Assistance and Real Property Acquisition Act (1970) (URA) experience than any known competitor. OPC is in a unique position of knowing how to interact within a public organization, as well as the private sector.

OPC’s staff in our local Long Beach and Irvine offices will be assisting the City of Artesia for this project. Our employees have diverse, ethnic backgrounds and multilingual capabilities. Our team of licensed agents and brokers work under the OPC Properties, Inc. Brokerage #02056390. Furthermore, we have carefully selected a team of seasoned subject matter experts in Appraisal, Title, and Environmental Testing services to professionally and competently represent the City and its constituents.

Once you read our proposal, please feel free to contact me with any questions, to refine the scope, or to adjust our proposed level of effort. You can reach me directly at 562.304.2000 or via email at [email protected]. We look forward to your approval of this proposal. I am confident we can deliver your required services on-time, and within your budget.

Regards,
Taurean Gordon
Chief Business Development Officer
OPC
Accepted, Authorization to Proceed:

Authorized Representative
Date:

City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 2 Project Understanding
OPC understands that the City of Artesia (City) is interested in acquiring ten (10) residential homes to expand the existing A.J. Padelford Park located north of the SR-91 Freeway. The project is grant funded and will require the acquisition of the following ten properties.

Number Address
Assessor’s Parcel
Number (APN) Owner
1 11914 169th St., Artesia, CA 90701 7011-020-004
Esqueda Arturo,
Esqueda Maria
2 11916 169th St., Artesia, CA 90701 7011-020-005
Rodriguez, Emilio T
Martinez, Gustavo L
3 11918 169th St., Artesia, CA 90701 7011-020-006
Paloco, Wilbert J.
4 11926 169th St., Artesia, CA 90701 7011-020-009
Rivera, Marcos
Rivera, Leslie A.
5 11928 169th St., Artesia, CA 90701 7011-020-010
Perez, Manuel
Urciaga, Silvia
6 11930 169th St., Artesia, CA 90701 7011-020-011
Lopez, Fridolino
Lopez, Nora A.
7 11934 169th St., Artesia, CA 90701 7011-020-012
Borjas, Rafael
8 11936 169th St., Artesia, CA 90701 7011-020-013
Siperly, Nicholas C.
9 11940 169th St., Artesia, CA 90701 7011-020-060
Parada, Antonia
10 11942 169th St., Artesia, CA 90701 7011-020-016
Lopez, Digna N.

We further understand that the homes are mostly owner-occupied and the proposed deadline for the project is December 2021.

The project management, acquisition and relocation services will be performed by OPC to support the A.J. Padelford Park Expansion Project. OPC also understands that the City will be securing preliminary title reports and appraisers for the project.

Scope of Services / Work Plan
Project Management (OPC)
Project management and planning will begin prior to the initiation of actual acquisition and relocation activities. It is critical that all members of the team agree as to the City’s desired process and timeline working within the constraints of the Uniform Act and State Relocation Regulations. OPC’s project management services will include:

1. Tracking and managing all budgetary-related aspects of the project associated with OPC’s Scope of Work.

2. Assisting with the development of administrative policies, procedures, and forms necessary to carry out the acquisition and relocation program under the applicable funding source rules.

3. Ongoing general consultation and project coordination with the City and project team members.

4. Preparation of tracking reports that monitor the completion of project milestones.

5. QA/QC of all staff and work product associated with the Project.

Title Investigation Services (OPC)
Preliminary Title Reports are necessary to show who the current ownership the legal description, deeds, any and all easements, CC&R’s, Judgments, and liens that may affect the property in the transaction. In short, it provides a City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 3 snapshot of what the current title looks like and will help alleviate any unforeseen issues that can be addressed upfront. OPC’s Title Investigation services will include:

1. Secure copies of recorded back-up documents as needed.

2. Share preliminary title information with right of way engineer, surveyor, and real estate appraisers for their use on the project.

3. Prepare list of title exceptions to be cleared; confirm manner of disposition is consistent with approved project plan.

4. Facilitate changes to preliminary title reports after the preparation of the legal descriptions, if necessary, for partial acquisition projects.

Real Property Acquisition (OPC)
During the early phase of the project, OPC will perform pre-acquisition activities consisting of a comprehensive review of all title reports and underlying record documents, issuance of statutory appraisal letters, and review of engineering plans, legal descriptions, right of way maps and other information relevant to the project. OPC’s Project Manager will coordinate with the selected appraisers on title issues, property inspections, and clarification of engineering design elements. This initial stage will also include preparation of written offers of just compensation, documents, deeds, and right of way agreements in accordance with applicable requirements, to submit to the City for approval.

Negotiations
Following the City’s approval of just compensation, OPC will present the City’s written purchase offer to the owner and/or owner’s representative. Contact involve an interactive discussion with the property owner about his/her property; explanation of the project and its impacts to the property; explanation of the appraisal process and how the value was concluded and answer any questions or concerns the owners may have. All our agents are licensed with the DRE (CA Department of Real Estate) and trained to utilize a non-coercive, integrative communication style to overcome all hurdles in reaching a settlement in the most efficient manner possible. Our agents will communicate in good faith, with an open mind for creative solutions that would be mutually beneficial to all parties involved. In the event a counter proposal is made, OPC will evaluate its merits and make recommendations if an administrative adjustment or settlement is warranted based on the facts. OPC consults with the selected appraisal staff to provide supplemental research and analysis of property owner presented reports or theories. Supplemental negotiations, as applicable, may also include addressing any objection or question concerning the project the owner has by conferring with the City’s Project Manager. Once an agreement is reached, OPC will submit the appropriate executed documents to the City for approval; including letters of recommendation with supporting documentation if an administrative settlement is being recommended.

The following scope of services is included as part of Acquisition and Negotiations:

1. Establish and maintain complete and current ownership files in a form acceptable to the City.

2. Receive and analyze title information, approved appraisal reports, and legal descriptions in enough detail to negotiate with property owners and other parties. Prepare a plan for title clearance for all parcels.

3. Prepare all offer letters, summary statements, and lists of compensable items of fixtures and equipment, in accordance with state or federal regulations and approval of City.

4. Present written purchase offers to owners or their representatives. Secure receipt of delivery of offer as practical and present and secure tenant information statements, as applicable. OPC will coordinate and work with any lending institutions involved in the foreclosure process.

5. Follow-up and negotiate, as applicable, with each property owner, as necessary; prepare and submit recommended settlement justifications to City for review and approval; review any independent appraisal secured by property owner; and coordinate reimbursement of appraisal fees (up to $5,000) with City.

Ongoing negotiations and settlement discussions will continue for a reasonable time after the initial offer or if settlement or impasse is reached sooner.

6. Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of necessary property interests.

City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 4

7. Maintain a diary report of all contacts made with property owners or representatives and a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information.

Copies of all applicable written correspondence will be maintained in files.

8. Prepare an impasse letter for any parcel where, after diligent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest.

9. Transmit executed acquisition documents to City. Each transmittal package shall include a fully executed and properly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes pertinent data relative to the transaction.

10. Spanish speaking agents are available, as needed.

Escrow Coordination (OPC)
Upon the City’s approval of the appropriate documents, escrow will be opened by submitting an instruction letter providing the purchase contract, title insurance coverage, and notarized Deed to escrow agent. OPC will assist with any due diligence requirements and resolve adverse title conditions preceding the close of escrow and will coordinate payment of just compensation. The City will be furnished with copies of the recorded Deeds and title insurance policies following the close of escrow. During the course of the acquisition process, OPC will maintain a complete acquisition file of all correspondence, offers, and contacts with each property owner and the City; provide the City with written status reports at the prescribed interval and confer with the City’s Project Manager as needed; maintain a current Acquisition Checklist showing each successfully negotiated parcel; and outline any special terms agreed to with a recommendation for City action.

If by Negotiated Settlement: Assist the escrow/title company in the following:

1. Open escrow and coordinate execution of closing instructions providing for title insurance coverage at the settlement amount.

2. Provide escrow officer with fully executed acquisition contract and notarized deed(s).

3. Work in conjunction with escrow officer to facilitate the clearance of title matters as set forth in the settlement memorandum and escrow instructions.

4. Assist escrow to secure full or partial reconveyance and/or subordination instruments from lien holders of record, if needed.

5. Review settlement statement for accuracy.

6. Coordinate deposit of acquisition price and estimated closing costs with escrow.

7. After the closing, review the title insurance policy for accuracy, if ordered.

8. Prepare and mail a letter to County Assessor requesting cancellation of taxes, if appropriate.

Relocation Planning (OPC)
The URA and State regulations require a Relocation Plan be prepared when residential occupants are displaced.

The relocation plan becomes a valuable tool in the relocation process as it helps the City and relocation team understand the displaced non-residential occupants’ needs and the availability of adequate replacement sites. It will also identify estimated project relocation costs to assist with future project planning. OPC’s Relocation Plan preparation services include:

1. Interview Project site occupants to determine project impacts and relocation needs.

2. Research the marketplace for available replacement sites.

3. Analyze survey and market study results and incorporate research data into a written Plan.

4. Prepare a detailed description of the relocation advisory services program, procedures for locating and referring eligible persons to replacement sites, the relocation payments to be made, a cost estimate for carrying out the plan, and identification of the source of the necessary funds.

5. Present the draft Relocation Plan to the City and revise as directed by the City.

Relocation Implementation (OPC)
After the relocation plan is approved by the City OPC will begin to provide advisory services to any of the potential displaces. OPC will meet with the owner/tenant in person to explain the relocation process, the likely timeline, and the claims/reimbursement policies of the City. One factor that differentiates OPC from others is the level of City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 5 effort devoted to claimants. OPC believes in routine personal visits focused on the personal needs of the families being displaced. This not only speeds up the process but builds goodwill for the City using our service.

Before a final eligibility determination can be made, OPC must gather additional information such as documentation to verify current rental/mortgage payments, tenancy, household income, and special needs. At the same time, we will deliver specific information regarding the relocation program as part of our “personal presence” as discussed above. OPC staff will take the time to go through all the information provided and in essence, “teach” the relocation program to the potential displacee. We have found that while the relocation program and its goals are not complex, understanding the specifics of the process and payments can take a number of explanations before the individuals have a true understanding of what is required of them, as well as what is available to them, and how to fully utilize the relocation benefits to which they are entitled.

Available comparable replacement sites will be searched and a comparable housing analysis for determination of the occupant’s eligibility amount will be prepared and delivered to the City for approval. Once an eligibility determination is made and approved by the City, a Notice of Eligibility (NOE) will be presented to the occupant and explained so they understand what their benefit amount is and what they must do in order to receive the monetary benefits. Our relocation agent will again work closely with the occupant, providing continued advisory services, referrals to replacement housing and assist in the claim preparation in order to secure the replacement housing chosen by the occupant and in the occupants moving choice.

During the course of the relocation process, OPC will maintain a complete relocation file of all correspondence and contacts with each occupant; provide the City with written status reports at the prescribed interval and confer with the City’s Project Manager as needed; maintain a current Relocation Checklist showing each successfully completed tasks.

1. Conduct personal, on-site interviews with displacees to ascertain relocation needs and special requirements, if not previously conducted.

2. Inform displaced persons of available relocation assistance services and benefits and explain the relocation process.

3. Provide displacees with on-going advisory assistance.

4. Prepare and distribute the Notice of Eligibility, Vacate Notice, and other notices, as may be required. (All required notices will be delivered in person or sent general and certified mail to establish proof of service.)

5. Request, and collect, written documentation of occupancy of the project units, current rent, gross household income, utilities costs, age, disabilities, and identification of the occupants.

6. Determine eligibility for, and proposed amount of, relocation benefits, including moving payments and rental/down payment assistance payments.

7. Provide written referrals to replacement housing and assist displacees in locating replacement housing (up to five sets).

8. Inspect replacement dwellings to determine if they meet "decent, safe, and sanitary" requirements.

9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to the City for processing and payment (up to two RAP claims).

10. Monitor the move to the replacement site, as necessary.

11. Conduct vacate inspection and verify all personal property has been relocated from the Project site.

12. Deliver benefit checks and other appropriate payments to claimants.

13. Maintain necessary case documentation in compliance with applicable requirements.

Optional Services
The following services are in addition to OPC’s project management, acquisition, relocation, title services, and escrow coordination.

Appraisal (subconsultant)
OPC will coordinate with the City’s choice of appraisal consultant. During the appraisal process, OPC staff and the selected appraiser will provide the following services:

City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 6

1. OPC will mail a notification letter and acquisition policies brochure to the property owner requesting permission to conduct an on-site inspection of the property, advising them of their right to accompany the appraiser at the time of the inspection and requesting information regarding the property appraised which could influence the appraised value.

2. Appraiser will review title information pertaining to respective ownerships and will review drawings and other pertinent information relative to the parcel.

3. Appraiser will inspect each property personally with the owner (if possible) and document the inspection with photographs for use in the report.

4. Appraiser will inventory all improvements affected by the proposed taking including notes on their manner of disposition (i.e., pay-for and remove vs. move back).

5. Appraiser will perform market research to support the selected appraisal methodologies and will document and confirm comparable sales information.

6. Appraiser will prepare a narrative appraisal report that conforms to the Uniform Standards of Professional Appraisal Practice (USPAP). The appraisal study and report are intended to serve as an acquisition appraisal and will be prepared in a summary format consistent with the specifications for narrative appraisal reports.

7. OPC will receive and analyze the completed appraisal reports and will reconcile the real estate and fixtures and equipment conclusions as necessary.

Environmental Assessment (subconsultant)
OPC will coordinate with the City’s choice of environmental firms to secure Phase I and, if needed, Phase II assessment reports for all parcels. OPC will secure HMDD forms for all parcels from the environmental firm.

The goal of the Phase I ESA is to identify Recognized Environmental Conditions (RECs) and therefore the discovery of potential environmental liabilities at a site. The nature and extent of such liabilities (as well as associated costs) are normally not defined until later phases of investigation have been performed.

Phase I ESAs commonly include:

1. Interviews with past and/or present owners, operators, and/or occupants.

2. Reviews of federal, tribal, state, and local government records (as presented in a database report provided by Environmental Data Resources [EDR]).

3. Review of Geotracker and Envirostor databases for California sites and the surrounding 0.5 mile radius of each site.

4. Visual inspection of the site and adjoining sites. Photographs of the site are taken and included in the final report to document site conditions.

5. Review of historical records covering site history from the time the site first contained structures or from the time the site was first used for residential, agricultural, commercial, industrial, or governmental purposes.

6. Review of available investigation documents for the site and surrounding area (soils, asbestos, etc.) to assess the potential for on-site contamination.

7. Report preparation.

Written Phase I ESA reports summarize site assessment findings and explain the development of conclusions and recommendations relating to potential environmental liabilities. Current and/or proposed future uses of a site (e.g., residential use, childcare facilities, etc.) will be important considerations when developing recommendations. If RECs are identified during the evaluation and preparation of the Phase I ESA report, SCS will communicate these findings and a Phase II Investigation will be recommended. The Phase I ESAs will typically be completed by a single staff member, with quality assurance/quality control (QA/QC) review by a senior professional.

Eminent Domain Coordination (OPC)
OPC will coordinate with the City and the City’s legal counsel for all required activities, including agency meetings, Resolutions of Necessity, and provide support for legal proceedings, as needed.

The following scope of services is included as a part of Eminent Domain Coordination:

1. Prepare a letter for the City signature, to eminent domain counsel requesting proceeding to condemnation.

City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 7

2. Provide eminent domain counsel with available right of way maps and legal descriptions, preliminary title reports and title review documents, and information on how to contact each owner or interest holder.

3. Provide eminent domain counsel with a duplicate copy of the parcel file, together with a copy of the appraisal, offer to purchase, correspondence, acquisition contract, and deed as presented.

4. Convert preliminary title reports to litigation guarantees for eminent domain counsels’ use. Title company fees (based on the value of the interest required) are additional.

Property Management/Maintenance (OPC)
Based upon the understanding that all properties that will be acquired will be adjacent to a community park where children are present, the City may want to consider Property Management/Maintenance services in the time between securing possession and contractor mobilization. The following scope of services is included as part of Property Management/Maintenance services:

Management Responsibilities
Office and Long Beach based field staff will perform property management services in a competent and timely manner. Property management services shall include, but not be limited to, the following requirements and services:

1. OPC shall provide a 24-hour, 7 day a week emergency toll-free telephone number for Project tenants and others to call.

2. OPC shall collect rent from tenants pursuant to existing rent statements and lease agreements, or those to be created upon City’s direction and executed on behalf of the City. Rents shall be deposited into a Trust Account set up by OPC in the City’s name.

3. OPC shall notify tenants in writing of delinquent accounts, send out delinquent rent notices, and forward copies to the City, if requested.

4. OPC shall adhere to a “No Re-Rent” policy for relocation projects which stipulates that vacated units shall not be made available for re-occupancy.

5. OPC shall issue an itemized monthly invoice to the City for the prior month’s services, fees, and charges.

Such monthly invoices shall be approved and paid directly by the City.

6. OPC shall maintain a log of any and all information received that a tenant will be vacating or has vacated a Project unit and shall provide this information to the City on a regular basis.

7. Upon City’s request, OPC shall coordinate the transfer of utility services after property purchases and coordinate the disconnection of utilities after properties have vacated and before demolition occurs.

8. OPC shall notify the City in writing, and the appropriate law enforcement authorities, in the event any injuries, damages, illegal entry, illegal occupancy, or disturbances occur at any Project unit.

9. OPC shall assist the City and City’s Attorney when eviction becomes necessary. OPC shall consult with the attorney and prepare recommendations regarding evictions and other corrective actions. However, the City’s attorney or appropriate legal counsel shall assume the lead role in all eviction proceedings.

10. OPC shall inform the City and make recommendations when the Project is not in compliance with laws and ordinances, or when standard practices cannot be implemented for property management activities.

11. OPC shall serve as a liaison between Project occupants and the City, including verbal communication in Spanish and other languages if needed.

12. Upon City’s written request and approval, OPC shall regularly perform Project inspections to determine if there are illegal occupants (squatters), or if there is any visually apparent (i.e., noticeable without the need for extensive investigation) material damage to the Project.

13. OPC shall obtain and maintain, throughout the contract term, insurance coverage required by the City.

Maintenance Responsibilities
OPC’s Long Beach based Property Maintenance crew shall provide maintenance services as described below.

Maintenance responsibilities shall include, but not be limited to, the following services.

1. OPC shall make or coordinate immediate corrections/repairs of Project safety violations or unsafe conditions.

2. OPC shall provide a written report with pictures indicating any unusual corrective action that is needed to maintain or repair the Project.

3. OPC shall perform or contract with and oversee vendors for landscape maintenance, weed abatement, power washing, and debris and graffiti removal services.

City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 8

4. OPC shall contract with and oversee vendors for services such as board-up, plumbing, pest control, waste removal, janitorial, handyman, and electrical repairs, or as required.

5. OPC shall respond to “Work Requests” and “Tenant Complaints”. Initial response shall be within 24 hours of receipt of a Work Request or Tenant Complaint. If the situation cannot be resolved within 24 hours, OPC shall contact the tenant and City, if requested, to provide an estimated resolution date.

Landscape Services
OPC’s Long Beach based Property Maintenance crew shall perform or oversee gardening, small item debris removal, and other landscape maintenance services as needed to provide an appropriate level of maintenance.

1. Mow all grass as needed. This includes finishing with an edger or power whip.

2. Prune, hedge, and clip all shrubs and trim trees away from structures, fences, and walls to maintain proper head clearance

3. Remove trees and shrubs if requested by the City.

4. Remove all green waste and dispose of properly offsite if requested by the City.

5. Remove all large item debris if requested by the City.

Reporting Requirements
OPC shall input and maintain current data and provide reports as described below. OPC agrees to utilize automated tracking and a regularly updated software system. Reports to City shall include, but not be limited to, the following services.

1. OPC shall maintain accurate accounting for all current and past Project tenants.

2. OPC shall provide a rent payment history each month.

3. OPC shall provide, on a regular basis, a vacancy report indicating all vacant units and the dates they were inspected by OPC staff.

4. OPC shall provide a report each month detailing amounts expended for utilities and other expenses.

5. OPC shall provide copies of work orders each month indicating repairs made, when, and where if requested.

6. OPC shall submit an accident/incident report within two business days of occurrence of any accident, injury, or incident causing significant property damage or illegal entry at the Project.

7. OPC shall provide the following accounting reports each month:
• Income Statement (MTD and YTD)
• Balance Sheet
• Check Registers
City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 9 Fee Proposal
Based on our Project Understanding and the Scope of Services identified on the previous pages, our proposed fee to perform the requested services is summarized below. OPC will perform these services on a time and materials basis.

Scope Notes Fee
Project Management Includes involvement in Project Development Team or similar meetings, monthly status updating, and management
oversight of right of way program and subconsultants.
$7,100
Acquisition/Negotiation Includes acquisition activities, including negotiations with up to ten (10) property owners, as well as preparation of all necessary offer packages and agreements.
$36,500
Escrow Coordination/Title
Clearance
Includes preparation of escrow instructions, escrow agent coordination, and monetary encumbrance title clearance. $5,230
Relocation Plan Includes preparation of a relocation plan as required under state guidelines as a result of up to ten (10) displacements. $4,000
Relocation Implementation Includes all reasonably necessary relocation activities for up to ten (10) displacements.
$32,000
Total $84,830
Optional Scope Notes Fee
Appraisal Services
(subconsultant)
• Beth Finestone, MAI, AI-GRS, FRICS, CRE Integra Realty Resources – LA • Kevin Donahue, MAI- Cushman & Wakefield
• Elizabeth Kiley, MAI, AI-GRS- Integra Realty Resources- OC $1,500-
$2,000 for
each report
Environmental
Services
(subconsultant)
• SCS Engineers
• Fee available upon request
$5,000*
Eminent Domain
Coordination
Services (OPC)
• OPC $2,000 per
parcel**
Property
Maintenance/
Management
Services (OPC)
• OPC
• Fee available upon request. See hourly fees below.

TBD
*Assumptions for Phase 1 Environmental fee (SCS Engineering) is based on the assumption that all ten parcels can be visited during one site visit and preparation of one report. **Additional condemnation support, including service of petitions, attendance of hearings, and provision of testimony will be provided at an hourly rate of $165/hour.

City of Artesia
169th Street Acquisition/Relocation- Revised V3 Page | 10 OPC 2020 Schedule of Hourly Rates
Management & Implementation
Senior Program Manager $250.00
Program Manager $200.00
Senior Project Manager $150.00
Project Manager/Project Controls Manager $130.00
Sr. Acquisition Agent/Sr. Relocation Agent/Sr. Analyst $115.00 Acquisition Agent/Relocation Agent/Analyst $105.00
Property Management/Property Services
Property Management Supervisor $150.00
Property Manager $115.00
Property Services Supervisor $115.00
Community Liaison $105.00
Landscape Crewperson $40.00
Project Support/Administrative
Project Support Specialist $75.00
Administrative Assistant $55.00
Terms and Conditions
OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile, and mobile communication charges a normal part of doing business and such costs are included in the stated hourly rates. Outof-pocket expenses including pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).

In the event OPC is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two (2) times the regular hourly rates.

In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.

Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.

OPC will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice.

www.OPCservices.com | 1 Jenner, Suite 200, Irvine, CA 92618 ph 949.951.5263 | fx 949.951.6651
July 1, 2020
Andrea Mejia
Management Analyst
City of Artesia
1877 Clarkdale Avenue
Artesia, CA 90701
Re: A.J. Padelford Park Expansion Project-Relocation Cost Estimate Amendment No. 1
Dear Ms. Mejia:

Pursuant to our telephone discussions and your email authorizing the work to prepare a relocation cost estimate for the following properties:
11916 169
th Street
11918 169
th Street
11926 169
th Street
11928 169th Street
11936 169
th Street
The additional cost to complete the services referenced above is as follows:

Task Additional Fee
Relocatoin Cost Estimate $700.00
TOTAL $700.00
Based on this additional work, our revised contract amount would be as follows:

Original Contract Amount $ 84,830.00
Amendment No. 1 (this change order) $ 700.00
Total Amended Contract Amount $ 85,530.00
If the proposed Contract Amendment No. 1 meets your approval, please sign below and return to me and/or provide a contract change order authorization in a form acceptable to you. Should you have any questions or need additional information, please do not hesitate to contact me at (949) 307-1323.

Sincerely,
Overland, Pacific & Cutler, LLC Accepted and Approved
Mona Montano Williams Rawlings, City Manager
www.OPCservices.com | 3750 Schaufele Avenue, Suite 150, Long Beach, CA 90808 ph 562.304.2000 | fx 562.304.2020
March 22, 2021
Andrea Mejia
Management Analyst
City of Artesia
18747 Clarkdale Ave.

Artesia, CA 90701
Submitted via email: [email protected]
RE: Residential Acquisition and Relocation Services for Properties Located on 169th Street, Artesia, CA Change Order Request #2

Dear Ms. Mejia:

Following our conversation with you on March 18th, Overland, Pacific & Cutler, Inc. (OPC) has prepared the ensuing change order request to update up to three (3) comparable housing analysis (CHA) reports for properties identified on 169th Street in Artesia, CA. This work is needed as part of our acquisition and relocation services for the expansion of the A.J. Padelford Park facility for the City of Artesia (City, or Client).

As your right of way consultant for the subject Project, OPC’s additional scope of work as discussed will include:
✓ Additional coordination and meetings with residents
✓ Additional property research for CHA and Notice of Eligibility (NOE) ✓ Document preparation for CHA and NOE
Based on the additional work required, our fee to provide the necessary additional services is as follows:

Scope – Amendment #1 Hours per Case Fees per Case
Project Management 2 $300
Additional Resident Coordination / In-Person Meetings 3 $345 NOE / CHA Document Preparation and Research 5 $575
Total $1,220
Our total cost for up to three (3) properties will not exceed $3,660.

If this meets with your approval, our revised contract amount will be as follows:

Contract Amendments Fees
Prior Contract Amount $84,830.00
Amendment #2 $3,660.00
Total New Contract Amount: $ 88,490.00
For this change order, our same rates and contract terms and conditions as proposed in 2020 will be in effect.

City of Artesia
169th Street Acquisition/Relocation – Change Order Request #2 Page | 2 If the proposed change order meets your approval, please sign below and return to OPC and/or provide a contract change order authorization in a form acceptable to you. Should you have any questions or need additional information, please contact Senior Project Manager Roy Guinaldo via cell at 562.755.6727 or at 562.304.2000 or via email at [email protected]. We appreciate your continued interest and trust in OPC and look forward to completing the above scope of work.

Sincerely,
Roy Guinaldo
Senior Project Manager
OPC
Accepted, Authorization to Proceed:

Contract Amendment #2: $3,660.00
Name:

Date:

Date:
3/25/21

CITY OF ARTESIA

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL ACQUISITION SERVICES

1. PARTIES AND DATE.

This Third Amendment to the Agreement for Acquisition Services ('Third Amendment") is entered into on the _______ , 2021, by and between the City of Artesia (hereinafter referred to as the "City") and Overland, Pacific & Cutler, LLC. (hereinafter referred to as the "Consultant"). City and Consultant are sometimes collectively referred to herein as the "Parties."

2. RECITALS.

2.1 Agreement. The Parties entered into that certain Agreement for Acquisition Services dated May 11, 2020 ("Agreement").

2.2 First Amendment. The Parties entered into the First Amended on July 1, 2020 to amend the scope to provide a relocation cost estimate and increased the compensation by $700.

2.4 Third Amendment. The Parties now desire to amend the Agreement in order to extend the term and to increase the total compensation under the Agreement as provided herein.

3. TERMS.

3. 1' Term. The Agreement is hereby amended to extend the termination period from the Original Agreement Term of May 11, 2020 to March 31, 2022 under this Third Amendment.

3.2 Compensation. The total compensation for the Services provided pursuant to the Agreement shall not exceed $150,825 without written approval of the City Council or City Manager, as applicable. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Third Amendment at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The City Manager will have authority to approve Extra Work within 10% of the total compensation.

3.3 Remaining Provisions of Agreement. Except as otherwise specifically set forth in this Third Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
[Signatures on following page)
65344.00040\33897971.1

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 9F.

TO: Mayor and Members of the City Council
SUBJECT: Introduction of An Ordinance Relating to Time, Date, and Location of the Placement of Solid Waste Collection Containers
FROM: Okina Dor, Community Development Director
HongDao Nguyen, City Attorney
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
Abel Avalos, City Manager
RECOMMENDATION:

Staff recommends that the City Council introduce, as read by title only, Ordinance No. 24-964, An Ordinance of the City Council of the City of Artesia, California, Amending Section 6-2.114 of Chapter 2 (Solid Waste and Recycling) of Article 1 (Garbage, Rubbish, and Waste Materials) of Title 6 (Sanitation and Health) of the City of Artesia Municipal Code Relating to the Time, Date, and Location of the Placement of Containers for Waste Collection and Finding the Action Exempt from CEQA Under Title 14 of the California Code of Regulations § 15061(b)(3).

BACKGROUND:

The City currently regulates the collection and disposal of garbage, solid waste, recyclable materials, organic waste, refuse, rubbish, offal, trimmings, and other refuse matter within the City, pursuant to Chapter 2 of Title 6 of the City of Artesia Municipal Code (“AMC”). The City has regularly updated the Chapter to reflect developments in state law; for example, waste diversion and reduction programs mandated by CalRecycle.

Pursuant to AMC Section 6-2.114 (Containers: Placement for Collection), the City regulates when and where commercial and residential waste containers shall be placed for garbage collection. Section 6-2.114 mandates that each container for holding solid waste, recyclable materials, and organic waste be kept on the premises of the person using the container. On the day designated for garbage collection, containers are placed for collection as specified by the municipal code. At premises adjacent to a dedicated paved alley, waste containers are placed in the alley for collection. Where premises are not adjacent to an alley, such as homes in residential neighborhoods, waste containers are placed on the curb in front of the premises.

However, AMC Section 6-2.114 does not provide a definitive timeframe for when waste containers must be removed from an alley or curb after garbage collection. The City has been made aware that some residents regularly leave waste containers on the curb in front of their residences for multiple days after garbage collection.

This practice obstructs the public right-of-way and limits public parking along residential streets. Moreover, waste containers left on the street also attract pests, emit unpleasant smells, attract unwanted behaviors such as “dumpster-diving,” and generally create an eyesore in residential neighborhoods.

These issues prompted the City to review the AMC to see if the regulations could be strengthened to address these problems.

ANALYSIS:

Staff recommends that the City Council consider amending AMC Section 6-2.114 to include express language addressing when waste containers must be removed from alleys and curbs following garbage collection.

The proposed ordinance would amend AMC Section 6-2.114 to permit containers for solid waste, recyclable materials, and organic waste to be placed in an alley, street, or on a curb no earlier than 6:00 PM the night before the designated garbage collection day. The proposed ordinance would also require that containers be removed no later than 8:00 PM on the designated garbage collection day. These regulations are consistent with similar ordinances in surrounding jurisdictions such as the cities of Bellflower, Cerritos, Hawaiian Gardens, and Lakewood.

The proposed ordinance would also amend Section 6-2.114 to reference enforcement remedies. Violations would be punishable as a misdemeanor, infraction, or as an administrative and/or civil fine pursuant to AMC Chapter 1-2 (Penalty Provisions and Judicial Challenges) and Chapter 1-7 (Administrative Citations). For each and every day that a violation persists, the violation shall be treated as a separate occurrence and considered a separate offense.

ENVIRONMENTAL:

Under Title 14 of the California Code of Regulations section 15061(b)(3), the California Environmental Quality Act (“CEQA”) does not apply to a project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The adoption of the proposed ordinance would be exempt from CEQA under this statute, because it is certain that there is no possibility that the proposed ordinance may have a significant effect on the environment.

FISCAL IMPACT:

There is no fiscal impact associated with approval of Ordinance No. 24-964.

RECOMMENDED COUNCIL ACTION:

Attachments
Ord 24-964.pdf
65344.00001\42902126.1
ORDINANCE NO. 24-964

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, AMENDING SECTION 6-2.114 OF
CHAPTER 2 (SOLID WASTE AND RECYCLING) OF ARTICLE
1 (GARBAGE, RUBBISH, AND WASTE MATERIALS) OF TITLE
6 (SANITATION AND HEALTH) OF THE CITY OF ARTESIA

MUNICIPAL CODE RELATING TO THE TIME, DATE, AND

LOCATION OF THE PLACEMENT OF CONTAINERS FOR

WASTE COLLECTION AND FINDING THE ACTION EXEMPT
FROM CEQA UNDER TITLE 14 OF THE CALIFORNIA CODE
OF REGULATIONS § 15061(b)(3)
WHEREAS, the City of Artesia, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City' s general police powers, the City is empowered and charged with responsibility for the health, safety, and welfare of its residents; and
WHEREAS, the City regulates the collection and disposal of garbage, solid waste, recyclable materials, organic waste, refuse, rubbish, offal, trimmings, and other refuse matter within the City, pursuant to Chapter 2 of Title 6 of the City of Artesia Municipal Code (“AMC”); and
WHEREAS, pursuant to AMC Section 6-2.114 (Containers: Placement for Collection), the City regulates when and where containers for holding solid waste, recyclable materials, and organic waste shall be placed for collection. When not placed for collection, the City regulates where the containers shall be stored; and WHEREAS, AMC Section 6-2.114 does not prescribe specific timeframes by which containers for holding solid waste, recyclable materials, and organic waste must be removed from the public right-of-way after the time of collection. The City is aware that some containers regularly obstruct the public right-of-way for extended periods of time after the time of collection, causing health and safety concerns due to the interrupted access to public roadways and limits public parking; and
WHEREAS, moreover, waste containers left on the street also attract pests, emit unpleasant smells, attract unwanted behaviors such as “dumpster-diving,” and generally create an eyesore in residential neighborhoods; and
WHEREAS, the City now desires to amend AMC Section 6-1.114 to establish clear regulations regarding when containers for holding solid waste, recyclable materials, and organic waste may be placed for collection, and when containers must be stored out of the public right-of-way before and after the time of collection. 65344.00001\42902126.1
NOW, THEREFORE, the City Council of the City of Artesia does ordain as follows:

Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. Under Title 14 of the California Code of Regulations section 15061(b)(3), the California Environmental Quality Act (“CEQA”) only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Therefore, the adoption of this Ordinance is statutorily exempt from CEQA in that it is certain that there is no possibility that the proposed Ordinance may have a significant effect on the environment.

Section 3. Code Amendment. Section 6-2.114 of the Artesia Municipal Code is hereby amended as set forth below, with additions shown in underline and deletions in strikethrough, attached hereto and incorporated herein by reference:
“§ 6-2.114 Containers: Placement for Collection.

Each container for holding solid waste, recyclable materials, and organic waste shall be kept on the premises of the person providing the container; provided, however, on the day designated for collection and before the time collection begins in the district in which such premises are located, such containers shall be placed for collection as follows:
(a) On any premises adjacent to a dedicated paved alley in a block with access to such alley at each end of the block, such containers shall be placed on or within two feet of the rear property line of such premises and shall be readily accessible for collection from the alley. Each such premises shall be identified by the street address of such premises, which address shall be painted and maintained legibly in numbers not less than two inches in height placed on each container or on a fence or other structure at the rear of such premises and abutting on such alley.

It is the responsibility of the owner or occupant of such premises to comply with the requirements of this subsection. Should he or she fail to do so, the City may paint such numbers and charge the cost thereof to such owner or occupant. (b) Where such premises are not adjacent to an alley which is paved and dedicated, with access to such alley from each end of the block, each such container shall be placed on the curb in front of the premises occupied by the person placing the container or on the curb at the side of the premises where such premises are adjacent to more than one street.
(c) No person shall place, or cause, or allow to be placed a container for solid waste, recyclable materials, and/or organic waste for collection on a street, curb, or alley before 6:00 p.m. on the day immediately prior to the day designated for such collection; nor shall any person permit such container or containers to remain thereat after 8:00 p.m. on the designated day of collection. Notwithstanding section 6-2.121 of this Chapter, every violation of this subsection (c) shall be punishable, at the sole discretion of the City, as a misdemeanor or infraction pursuant to Chapter 1-2 of this Code, or by civil and/or administrative fines 65344.00001\42902126.1
pursuant to Chapter 1-7 of this Code. Each such person violating is guilty of a separate offense for each and every day during any portion of which such violation is committed.
(d) It is unlawful for any person to place any solid waste, recyclable materials, and organic waste accumulating on any premises within the City in a container for solid waste, recyclable materials, and organic waste accumulated in, upon, or from any other premises within the City; nor shall any person place any such container for the collection of solid waste, recyclable materials, and organic waste in, upon, in front of, or in the rear of any premises other than that at which the solid waste, recyclable materials, or organic waste was generated.”
Section 4. Effective Date. This Ordinance will become effective 30 days following its adoption.

Section 5. Publication. The City Clerk directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

Section 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.

The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

Section 7. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings
PASSED, APPROVED AND ADOPTED by the City Council of the City of Artesia, California, at a regular meeting of the City Council held on the 16th day of December, 2024. ________________________________
Mayor
ATTEST:
________________________________
Jennifer Alderete, City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney, Best Best & Kriger

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18,
2024
ITEM NO: 9G.

TO: Mayor and Members of the City Council
SUBJECT: Addition of Regular December Council Meeting
FROM: Jennifer Alderete, City Clerk<br>
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager<br>Abel Avalos, City Manager<br> RECOMMENDATION:

It is recommended that the City Council approve the addition of December 16, 2024 Regular Meeting at 7:00 p.m.

BACKGROUND:

Regular Council meetings are held on the second Monday of each month per the Artesia Municipal Code. The December meeting will include the Council reorganization, certification of election results, and administration of the oaths of office to the Councilmembers elected in the November 5 election, with a reception to follow. Historically, the business portion of the December meeting has been addressed at an adjourned meeting. Staff is requesting the addition of a regular council meeting on December 16, 2024 at 7:00 p.m.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 10A.

TO: Mayor and Members of the City Council
SUBJECT: Introduction of an Ordinance Granting Golden State Water Company a Franchise Agreement FROM: Karen Lee, Special Projects Manager
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:

1. Open and conduct a public hearing; and

2. By motion, introduce for first reading of Ordinance No. 24-957, An Ordinance of the City Council of the City of Artesia, California, Granting to Golden State Water Company, A California Corporation, the Right, Privilege and Franchise to Lay and Use Pipes and Appurtenances for Transmitting and Distributing Water For Any and All Purposes Under, Along, Across, or Upon the Public Streets, Ways, Alleys, and Places, as the Same or Now or May Hereafter Exist, Within Said Municipality.

BACKGROUND:

At the October 14, 2024, regular City Council meeting, the City Council adopted Resolution No. 24-3017, which repealed Resolution No. 24-3012 and declared the Council’s intention to adopt an ordinance granting Golden State Water Company ("Golden State") a water pipeline franchise in the City of Artesia. Notice of the City Council public hearing was published in the Los Cerritos Community News on October 18, 2024, in accordance with the Artesia Municipal Code (AMC) and Government Code Sections 65090, 65091, 65856(b) and 65867.

ANALYSIS:

Staff negotiated a new franchise agreement with Golden State, which is memorialized in proposed Ordinance No. 24-957. If adopted, the proposed ordinance will:

Establish a 10-year term for the franchise agreement;
Require Golden State to comply with construction standards at the federal, state, and local levels; Provide the City 2% of Golden State's gross annual receipts; and Reimburse the City for the costs of publishing the public hearing notice.

If adopted, the proposed ordinance will become effective 30 days after the second reading.

FISCAL IMPACT:

Currently, the City receives annual Franchise Fees from Golden State on a formula basis of 2% of gross annual receipts. With the adoption of this agreement, the City will continue to receive annual Franchise Fees on the same percentage basis. For background, the City received $76,931 in Fiscal Year 2023-24, and $59,859 in Fiscal Year 2022-23.

RECOMMENDED COUNCIL ACTION:

1. Open and conduct a public hearing; and

2. By motion, introduce for first reading Ordinance No. 24-957, An Ordinance of the City Council of the City of Artesia, California, Granting to Golden State Water Company, A California Corporation, the Right, Privilege and Franchise to Lay and Use Pipes and Appurtenances for Transmitting and Distributing Water For Any and All Purposes Under, Along, Across, or Upon the Public Streets, Ways, Alleys, and Places, as the Same or Now or May Hereafter Exist, Within Said Municipality.

Attachments
Ordinance 24-957.pdf
65344.00050\34053356.9
- 1 -
ORDINANCE NO. 24-957

AN ORDINANCE OF THE CITY OF ARTESIA,

CALIFORNIA, GRANTING TO GOLDEN STATE WATER

COMPANY, A CALIFORNIA CORPORATION AND PUBLIC

UTILITY, THE RIGHT, PRIVILEGE AND FRANCHISE TO

LAY AND USE PIPES AND APPURTENANCES FOR

TRANSMITTING AND DISTRIBUTING WATER FOR ANY

AND ALL PURPOSES UNDER, ALONG, ACROSS, OR

UPON CERTAIN PUBLIC STREETS, WAYS, AND ALLEYS,

AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN

SAID MUNICIPALITY

RECITALS
A. On May 12, 1986, the City Council of the City of Artesia adopted Ordinance No. 383 granting a 25-year franchise to Southern California Water Company to lay and use pipes and appurtenances for transmitting and distributing water in and along the City’s public streets, which franchise began on June 1, 1986.

B. Southern California Water Company changed its name to Golden State Water Company on September 16, 2005, by filing an amendment to its Articles of Incorporation.

C. The franchise expired on May 31, 2011.

D. Golden State Water Company desires to continue to lay and use pipes and appurtenances for transmitting and distributing water in, under, across and along the City’s public streets, and has agreed to enter into a new franchise agreement for such purpose.

AGREEMENT

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:

Section 1. Definitions. Whenever in this Ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
(a) “Act” shall mean the Franchise Act of 1937 set forth in Public Utilities Code §§ 6201-6302, as it may be amended from time to time. (b) “Applicable Law” shall mean all present or future federal, state, municipal, or local laws, rules, regulations, ordinances, codes, orders, permit requirements, judgments, injunctions, or decrees, or any judgment or order or decree by a court applicable to the Franchisee or any of the Franchisee’s Facilities or activities not 65344.00050\34053356.9
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preempted by the California Public Utilities Code, the California Constitution or other provisions of applicable law.
(c) “Code” means the California Public Utilities Code.
(d) “CPUC” shall mean the California Public Utilities Commission. (e) “Engineer” shall mean the City Engineer of the City, or designee. (f) “Facility” or “Facilities” shall mean all property owned or used by the Franchisee in connection with this Franchise, including, but not limited to, traps, manholes, conduits, valves, appliances, attachments, pipelines, and service connections to the Franchisee's Facilities, whether installed by the Franchisee or not, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any public street pursuant to any right or privilege granted by this Franchise. (g) “Franchise” shall mean the rights granted to Franchisee hereunder pursuant to the City’s police power and applicable provisions of the Act, and any revisions thereto.
(h) “Franchisee” shall mean Golden State Water Company, a California corporation and public utility within the meaning of Public Utilities Code § 216, and its lawful successors or assigns.
(i) “Lay and Use” shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, relocate, remove or abandon. (j) “Ordinance” shall mean this Ordinance granting this Franchise to Franchisee, unless otherwise noted.
(k) “Person” shall mean any individual, person, firm, partnership, or corporation.
(l) “Pipes and Appurtenances” shall mean pipe, pipeline, main, service, trap, vent, vault, fire hydrant, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurtenance, and any other property located or to be located in, upon, along, across, under, or over the streets of the City, and used or useful in transmitting and distributing water. “Pipes and appurtenances” does not include poles unless approval is obtained pursuant to applicable law.
(m) “Streets” shall mean the public streets, ways, and alleys as the same now or may hereafter exist within the City, other than state freeways or highways. (n) “Water” shall mean water of any type, including, without limitation, potable water, reclaimed water and wastewater.
65344.00050\34053356.9
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(o) “Work” means any and all construction, installation, repair, maintenance, removal, or relocation of any pipes and appurtenances or other improvements performed under this Franchise.

Section 2. Grant of Franchise and Term.
(a) Grant of Franchise. The right, privilege and franchise, subject to each and all of the terms and conditions contained in this Ordinance, and pursuant to the Act, is hereby granted to the Franchisee, to use, or lay and use, pipes and appurtenances for transmitting and distributing water for any and all purposes, in, under, along, across, or upon the streets of the City.
(b) Term. The term of this Franchise shall be for a period of ten (10) years unless the term is shortened pursuant to subsection (c). This Franchise shall endure in full force and effect during that term (i) until the same shall, with the consent of the CPUC, be voluntarily surrendered or abandoned by its possessor, (ii) until the State of California or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this Franchise, and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or (iii) until this Franchise shall be forfeited for noncompliance with its terms by the Franchisee.
(c) Franchise Re-Opener. Notwithstanding the term of this Franchise at subsection (b), the City reserves the right to assess Franchisee’s performance under this Franchise every five (5) years. Should the City Council find that Franchisee’s performance is inadequate, the City may, in its sole discretion, send Franchise a notice to re-open the Franchise and require additional terms and provisions to improve and address Franchisee’s performance under this Franchise. Should the City and Franchisee be unable to resolve Franchisee’s performance inadequacies within thirty (30) days of the re-opener, the City may terminate this Franchise in accordance with subsection (d). (d) Expiration. This Franchise shall terminate upon the expiration of the term. If Franchisee continues to operate its pipes and appurtenances upon expiration of this Franchise, then such holding over shall constitute a renewal of this Franchise basis, until such time as the terms of a new Franchise have been approved by the City Council and accepted by Franchisee, unless the City provides Franchisee at least ninety (90) days’ written notice that the City Council has elected not to renew the Franchise and the City does not thereafter accept the payment by Franchisee of any franchise fee set forth in Section 4. The terms of this Franchise shall otherwise remain in full force and effect during the holdover period, including, without limitation the franchise fee payment provisions set forth in Section 4 of this Franchise.
(e) Non-Exclusivity. The granting of this Franchise shall not be construed to prevent the City from granting any identical or similar franchise to any entity other than Franchisee so long as such grant does not unreasonably interfere with the use of this Franchise by Franchisee or violate any provision of the Code. 65344.00050\34053356.9
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Section 3. Franchise Acceptance.

No later than thirty (30) days after the adoption of this ordinance, the Franchisee shall file with the City Clerk a written acceptance of the Franchise hereby granted, and a statement to comply with the terms and conditions hereof. For purposes of measuring the Franchise term, the effective date of this Franchise shall be thirty (30) days following adoption of the Ordinance granting the Franchise. This Franchise shall be null and void if Franchisee’s written acceptance is not filed within the time prescribed by this Section 3.

Section 4. Annual Franchise Fee & Costs.
(a) Franchise Fee. The Franchisee shall pay to the City at the time hereinafter specified, in lawful money of the United States, a sum annually that shall be equivalent to two percent (2%) of the gross annual receipts of the Franchisee arising from the use, operation, or possession of this Franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of the Franchisee derived from the sale of water within the limits of the City under this Franchise; and further that in the event the Legislature shall amend the Act to permit a franchise payment greater than the percentage formula specified herein, the Franchise fee agreed upon herein shall be automatically changed to the level expressed by the Legislature in amending such Act.
(b) Publication Costs. Franchisee shall pay to City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this Franchise, such payment to be made within thirty (30) days after the City furnishes Franchisee with a written statement of such expenses. (c) Permit Fees. Franchisee shall pay all applicable permit fees, as they may be adopted and amended from time to time to the extent reasonable and otherwise permitted by applicable law.
(d) Other Fees. Payment of fees and costs made by Franchisee to City pursuant to this Section are in addition to, and exclusive of, any and all lawfully authorized taxes and other fees, levies, or assessments now in effect or subsequently adopted in accordance with applicable laws.

Section 5. Verified Statement of Gross Receipts; Payment of Franchise Fee; Audit.
(a) Verified Statement of Gross Receipts. The Franchisee of this Franchise shall file with the City Clerk within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this Franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the following:
65344.00050\34053356.9
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i. The total gross receipts received by the Franchisee, its successors or assigns, from the use, operation or possession of this Franchise during the preceding calendar year, or fractional calendar year;
ii. The total gross receipts received by the Franchisee from the sale of water within the limits of the City;
iii. The method and supporting calculations used to calculate the franchise fees which are payable to the City in accordance with this Franchise; iv. Any change in the footage or internal diameter of pipelines, segregating such footage as to new pipelines laid or acquired during the preceding calendar year, pipelines in territory that was annexed or incorporated during the preceding calendar year and pipelines removed or abandoned in place during the preceding calendar year;
v. The permit number of each permit obtained during the year with respect to operations under this Franchise; and
vi. If cathodic protection is used for pipes or appurtenances installed or maintained pursuant to this Franchise, the location and types of anodes, including a description of the methods used as a protection against corrosion and electrolyte leakage.

City shall have the authority to reasonably dispute any verified statement. (b) Payment of Franchise Fee. It shall be the duty of the Franchisee to pay to the City within fifteen (15) calendar days after the time of or mailing such statement in lawful money of the United States, the specified percentage of its gross receipt for the calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by the Franchisee to file such verified statement, or to pay the percentage, at the times or in the manner herein before provided, shall be grounds for the declaration of a forfeiture of this Franchise and of all rights hereunder. i. Franchise fee due from Franchisee is delinquent if not received by the City on or before the due date during normal business hours. Should the due date occur on a weekend or holiday, the franchise fee must be received by the City during the business hours of the first regular working day following the weekend or holiday. If Franchisee fails to remit the franchise fee on or before the due date, and the remittance is not cured by Franchisee within thirty (30) days’ written notice by the City, Franchisee shall pay interest at the rate of two percent (2.0%) per month of any fraction thereof on the amount of the fee from the date on which the fee first became delinquent, until paid. Subject to Section 5 hereof, any neglect, omission, or refusal by the Franchisee to file the verified statement, or to pay the percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights hereunder.
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(c) Audit. The City may, at any time, upon reasonable notice and during normal business hours, but no more than once a year, request an audit of the Franchisee’s accounting of the annual Franchise fees paid to the City to confirm that the Franchisee is accurately calculating the annual Franchise fees paid to the City and that the Franchisee is accurately reporting the Franchisee’s gross annual receipts. Unless otherwise required by law, the City shall maintain confidentiality of all information provided by the Franchisee to the City in connection with such audit that the Franchisee has informed the City is confidential. Unless otherwise required by law, nothing herein shall be construed to require the Franchisee to make available to the City, its officials, employees, agents, or other representatives information that constitutes private or confidential information pertaining to specific customers of the Franchisee without the consent of such customers. All books and records of Franchisee relating to the calculation of the franchise fee for any calendar year shall be maintained by Franchisee for a period of at least four (4) years following delivery of the verified statement for such year.

Franchisee shall reimburse the City for its actual and reasonable expense in performing an audit to the extent Franchisee has underpaid the City in equal to or in excess of five percent (5%) of what was owed. To the extent such underpayment is below five percent (5%) or if Franchisee overpaid the City, the City shall be solely responsible for its audit cost.

Section 6. Prior Franchises. This grant is made in lieu of all other franchises owned by the Franchisee, or by any successor of the Franchisee to any rights under this Franchise, for laying and using pipes and appurtenances for transmitting and distributing water in the streets and the acceptance of this Franchise hereby granted shall operate as an abandonment of all such franchises within the limits of the City, as such limits now or may hereafter exist, in lieu of which this Franchise is granted, except any franchise derived under Section 19 of Article XI of the Constitution of the State of California, as that section existed prior to the amendment thereof adopted October 10, 1911 (a “constitutional franchise”). All pipes and appurtenances erected, constructed, laid, operated, or maintained by the Franchisee in the streets, whether installed by the Franchisee now, or prior to the effective date of this Ordinance, except those maintained under prior right, shall become subject to all the terms and conditions of this Ordinance upon such effective date.

Section 7. Eminent Domain. This Franchise granted hereunder shall not in any way or to any extent impair or affect the City’s right to acquire the property of the Franchisee hereof either by purchase or through the exercise of the right of eminent domain, and nothing therein contained shall be construed to contract away or to modify, or to abridge, whether for a term or in perpetuity, the City’s right of eminent domain in respect to the Franchisee. This Franchise shall not be given any value before any court or other public authority in any proceeding of any character in excess of the costs to the Franchisee of the necessary costs of publication or any other sum paid by it to the City therefore at the time of the acquisition thereof.

Section 8. Construction and Installation.
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(a) Construction Standards. Franchisee shall construct, install, maintain and repair all pipes and appurtenances in accordance with all applicable federal, state and local laws, rules or regulations theretofore, or hereafter adopted by the City in the exercise of its police powers, and in accordance with the direction of the Engineer or the terms and conditions of any permit issued by a City department or agency, and not in conflict with the paramount authority of the State of California, including the Code and the rules, regulations, orders and decisions of the CPUC, and, as to state highways, subject to the provisions of general laws relating to the location and maintenance of such facilities. (b) Use of Streets. Any work performed under the authority of this Franchise shall be done, to the extent reasonably practicable and economically feasible and not inconsistent with the rules and regulations of the CPUC, with the least possible hindrance to the use of the streets for the purposes of travel. As soon as such work is completed, all portions of the streets that have been excavated or damaged thereby, shall be placed in as good condition as the same were before the commencement of such work to the reasonable satisfaction of the Engineer. In the event that Franchisee fails or neglects to make such street repair, replacement or restoration work, then thirty (30) days after written notice therefore has been given by the Engineer to Franchisee, City may perform such work at Franchisee’s cost. Franchisee shall reimburse the City for all such reasonable costs within thirty (30) days of written invoice (including documentation of such costs in reasonable detail), plus the current rate of overhead charged by the City for all reimbursable work. Franchisee shall pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Franchisee under this Franchise.
(c) Tunneling and Boring. Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practical and economically feasible and not inconsistent with the rules and regulations of the CPUC, shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street.
(d) Street Coverings. All street coverings or openings of traps, vaults, and manholes shall be constructed flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may be constructed to extend above the surface of the streets if such vents are located in parkways, between the curb and the property line, and are not, in the reasonable opinion of the Engineer, hazardous to the public.
(e) Permits. Franchisee shall not repair, replace, relocate or remove any pipelines and appurtenances or otherwise undertake any street excavations without first obtaining all permits required to be obtained from the Engineer (including, but not limited to, an encroachment permit); provided that in cases of emergencies affecting the public health and safety or the preservation of life and property, Franchisee shall apply for such permits as soon as reasonably practical after such emergency. (f) Notice. In addition to any other requirement of this Agreement, Franchisee shall not repair, replace, relocate or remove any pipes or appurtenances or 65344.00050\34053356.9
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undertake any street excavations without first giving the City’s City Manager and the Public Works Manager each written notice by email at least 30 days before commencing the work; provided that in cases of emergencies affecting the public health and safety or the preservation of life and property, Franchisee shall give the notice as soon as reasonably practicable.
(g) Plans and Specifications. To the extent not in conflict with the California Constitution, the Code, the rules and regulations of the CPUC, the Engineer shall have the right to give the Franchisee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in, along, across or under the streets; and prior to any work commenced by Franchisee, the Franchisee shall file with the Engineer plans and specifications showing the location and work thereof.

The Engineer shall have the right to review Franchisee’s plans and specifications for the construction of any pipes and appurtenances for proper purposes, and, if, and to the extent permitted by the California Constitution and the rules, regulations, orders and decisions of the CPUC, approve such plans and specifications. (h) Bonds. At City’s request, Franchisee shall make such deposits of money or file such bonds with the City as may be reasonably required to ensure satisfaction and completion of any work under this Franchise. (i) Hazardous Waste. In the event of a release of hazardous waste, as that term is defined in Section 1004(3) of the Resource Conservation and Recovery Act (RCRA) (42 USC § 6903(5)), by Franchisee or from any pipes and appurtenances, Franchisee shall immediately notify City, begin remedial work and pay for all related remedial costs reasonably incurred by Franchisee and City, to the extent such release was caused by Franchisee or its agents or subcontractors.

Section 9. Relocation, Abandonment & Removal.
(a) Relocation. Franchisee shall, at the request of the City and Franchisee’s sole cost and expense, remove or relocate any pipes and appurtenances installed, used or maintained under this Franchise if and when made necessary by the lawful change in grade, alignment or width of any street, including the construction of any subway or viaduct, or any other street improvement of any kind required by the City or when necessary to make way for a proper governmental use of the streets. Franchisee shall remove or relocate its pipes and appurtenances to the nearest alternative location as reasonably established by the Engineer and acceptable to Franchisee, and within such time as the Engineer reasonably establishes. If Franchisee fails to relocate its pipes and appurtenances within the time reasonably required by the City, the City may cause the work to be done and shall keep an itemized account of the entire reasonable cost thereof, and Franchisee shall reimburse the City for its costs within ninety (90) days of Franchisee’s receipt of the itemized account of costs. The City may consider Franchisee in default of this Franchise should Franchisee fail to comply with the notice, timing or direction to relocate its pipes and appurtenances reasonably established by the City. 65344.00050\34053356.9
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Franchisee shall not be required to bear the expense of any removal or relocation made at the request of the City on behalf or for the benefit of any private developer or other non-governmental third party.
(b) Abandonment & Removal. Franchisee shall notify the City within thirty (30) days prior to any determination made by Franchisee to abandon the use of any pipes and appurtenances of its intent either to abandon the pipes and appurtenances in place, or remove all or a portion of the pipes and appurtenances. The Franchisee may thereafter abandon or remove the pipes and appurtenances in accordance with such terms and conditions as may be reasonably imposed by the Engineer to the extent not inconsistent with the California Constitution, the Code, the rules, regulations and decisions of the CPUC and customary industry practice.

Section 10. Maps and Plans.
(a) Provision of Maps and Plans. City regularly performs improvement projects whereby facility maps and plans of Franchisee’s pipes and appurtenances are needed to properly design and construct the project(s). Upon written request by the City, Franchisee shall, within 60 days upon receipt of said request, send a copy of the facility maps and as-built plans for its pipes and appurtenances within the project area.

Franchisee shall provide said information in an electronic PDF format (or by mail if the electronic format is not available) at no charge.
(b) Content of Maps and Plans. The Franchisee’s maps and plans shall, to the extent the information is reasonably available, include, but not be limited to, information indicating the length of the Franchisee's main lines, the nominal external diameter of such mainlines and the points where they enter and exit the streets; old main lines abandoned in place, including the internal diameter of such main lines laid, removed, and/or abandoned in place; the footage of new conduits laid for wires, cables, telegraph, or telephone lines, old conduits removed, old conduits abandoned in place; and the diameter of such conduits laid, removed, and/or abandoned in place. The maps provided by Franchisee represent a visual aid to assist with the management of pipes and appurtenances. The location of pipes and appurtenances shown on the maps is not a guarantee of actual field conditions or a substitute for record drawings and field verification (see digalert.com).
(c) Potholing. Upon City written notice, and in accordance with the City’s schedule for a City improvement project, Franchisee shall determine horizontal and vertical location of its pipes and appurtenances and provide such information to City for City design purposes.
(d) Map Supplements. Within one hundred eighty (180) days following the installation, change, removal or abandonment of any pipes and appurtenances in accordance with Sections 8 and 9, above, Franchisee shall file a map or maps showing the accurate location and size of the pipes and appurtenances installed, changed, removed or abandoned.
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(e) Emergency Response Plans. Franchisee shall at all times during the term of this Franchise maintain emergency response plans as required by regulatory agencies having jurisdiction, including filing with the Los Angeles County Sheriff’s Department and the Los Angeles County Fire Department a current copy of the Franchisee’s water system Emergency Preparedness and Response Plan. Such plan shall address all federal, state and local requirements for prevention of and response to all risks, whether natural or manmade. Franchisee will contact the City Manager and Public Works Manager within 24-hours of the emergency.

Section 11. Other Franchisee Obligations
(a) Fire Standards. Grantee shall comply with all local fire protection standards as required by Section VI of CPUC General Order 103-A, as such requirements may be duly amended by the CPUC.
(b) Franchisee General Rate Case. Franchisee shall provide the City with information regarding Franchisee’s general rate case filing in accordance with the procedures of the CPUC. The general rate case information provided to the City shall include information on the rates requested for Region II, proposed capital improvements impacting City water customers and reasons for the proposed increase in rates and capital improvements. The information shall also include information on how to participate in a proceeding, how to subscribe to proceeding information, how to participate in public hearings and how to obtain other information regarding a general rate case.

Promptly thereafter, Franchisee shall meet with the City Manager upon the City Manager’s request to discuss the information provided by Franchisee herein. Franchisee shall provide a report to the City Council, in coordination with the City, at the City Council’s request. Such report shall identify specific reasons for the rate increases and information specific to City in the general rate case application.
(c) Reports. In coordination with the City, Franchisee shall make a presentation to the City Council no more frequently than annually regarding Franchisee rates, drought restrictions, if any, conservation programs, low income assistance programs, capital improvement projects and other matters of concern specific to Franchisee identified by the City at least thirty (30) days prior to the date on which the City desires a presentation be made to the City Council. (d) Other Reports. Upon the request of the City Manager, Franchisee shall provide the City Manager a detailed report regarding Franchisee’s rates, status of infrastructure improvements impacting City customers, regional water quality and policy developments and CPUC proceedings that may impact City customers no more frequently than annually.
(e) Customer Information. Franchisee shall make available to City customers information on its website, gswater.com, relating to rates charged by Franchisee, conservation programs and low income assistance programs applicable to City customers.
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(f) Water Quality Reports. Franchisee shall provide the City Manager and each member of the City Council an annual water quality report in compliance with the U.S. Environmental Protection Agency’s Consumer Confidence Report rule as required by the California Water Resources Control Board, Division of Drinking Water.

Franchisee shall also make available its most recent water quality report applicable to customers in the City on its website at www.gswater.com.

Section 12. Faithful Performance Bond. On or before the effective date of this Ordinance granting this Franchise, the Franchisee shall file and thereafter at all times during the life of this Franchise keep on file with the City Clerk a corporate surety bond approved by the City Attorney running to the City in the penal sum of Fifty Thousand Dollars ($50,000.00), with a surety licensed to do business in California and approved by the City Clerk. The bond shall provide that the Franchisee shall well and truly observe, fulfill, and perform each lawful condition of this Franchise in all material respects and that in case of any breach of a lawful condition of the bond in any material respects the whole amount of the penal sum shall, to the extent permitted by applicable law and not void as a penalty, be deemed to be liquidated damages and shall be recoverable from the principal and sureties of the bond. If the bond is not filed prior to the effective date of this Ordinance granting this Franchise, the award of this Franchise may be set aside and this Ordinance granting this Franchise repealed at any time prior to the filing of the bond and any money paid in consideration for the award of this Franchise shall be deemed forfeited.

This clause shall in no way limit the Franchisee’s defense and indemnity obligations nor the coverage or applicability of the insurance policies provided by the Franchisee under this Ordinance. In no event shall City be able to recover any amount under the bond for any liability paid for by insurance under Section 13 or any other bond provided by Franchise to the City.

Section 13. Insurance.
(a) For the term of this Franchise, Franchisee shall obtain or provide satisfactory evidence of having policies of commercial general liability, and auto liability insurance and if the Franchisee has not obtained a certificate of self-insurance from the California Department of Industrial Relations, workers’ compensation insurance, in each case, from companies authorized to transact business in the State of California by the Insurance Commissioner of California, and with a Best’s rating of “A” or better upon the terms set forth below to the extent commercially reasonable. i. The policy of liability insurance shall:
a. Be issued to the Franchisee and name the City, its
officers, officials and employees as additional insureds; b. Defend and indemnify the insureds against all liability for personal injury, bodily injury, wrongful death, and property damage arising from activities conducted pursuant to this Franchise by providing coverage therefor, including, but not limited to, coverage for negligent acts or omissions of the Franchisee and the 65344.00050\34053356.9
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agents, servants, and employees thereof, committed in the conduct of Franchise operations; and
c. Provide a combined single limit of liability insurance in the amount of Ten Million Dollars ($10,000,000.00) and provide pollution liability including products liability for potable water with no lead exclusion, provided the coverage is commercially available, with a limit no less than Five Million Dollars ($5,000,000.00) per claim or occurrence and Five Million Dollars ($5,000,000.00) aggregate per policy per period of one (1) year.
ii. The Franchisee shall notify the City should the Franchisee receive any notice of cancellation at least thirty (30) calendar days prior to cancellation date.
iii. If the Franchisee has not provided the City with satisfactory evidence that it has obtained consent to self-insure from the California Department of Industrial Relations, the Franchisee shall provide the City satisfactory evidence that it has obtained a policy of workers’ compensation that:
a. Has been previously approved as to substance and
form by the California Insurance Commissioner;
b. Covers all employees of the Franchisee who in the
course and scope of their employment are to conduct or do work pursuant to the Franchise operations;
c. Provides for every benefit and payment presently or
hereinafter conferred by Division 4 of the Labor Code of the State of California upon an injured employee, including the vocational rehabilitation and death benefits; and d. Be non-cancellable without thirty (30) calendar days’ written notice thereof directed to the City Clerk.
iv. The Franchisee shall provide auto combined single limit (CSL) liability insurance for owned, non-owned and hired autos using ISO Business Auto Coverage form CA 00 01 or its equivalent with a limit of no less than One Million Dollars ($1,000,000.00) per accident.
v. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to the Franchisee’s commercial general liability policy, shall be delivered to the City at or prior to the adoption of this Ordinance and prior to the cancellation or termination of any insurance policy.
vi. The Franchisee may maintain self-insured retentions and deductibles at its discretion, but the amounts shall be disclosed on the insurance certificates.
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vii. For any claims related to this Franchise, the Franchisee’s insurance coverage shall be primary insurance as respects the City, its officials and employees. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be excess of the Franchisee's insurance and shall not contribute with it.
(b) The Franchisee hereby waives its rights of subrogation that any insurer of the Franchisee may acquire from the Franchisee by virtue of the payment of any loss. The Franchisee shall obtain any endorsement that may be necessary to effect this waiver of subrogation. The workers’ compensation policy, if required, shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Franchisee, its employees.

Section 14. Indemnification. Franchisee shall indemnify to the fullest extent permitted by law, and defend and hold the City, and its Council members and employees, free and harmless from and against all claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney fees, liens, or judgments, arising from the Franchisee’s operations under this Franchise, including claims, demands, liabilities, losses, costs, and expenses arising from the acts or omissions of the Franchisee’s directors, officers, employees, agents, and other representatives in connection with the Franchisee’s operations under this Franchise. The Franchisee shall indemnify the City, and its Council members and employees for any claims, demands, liabilities, losses, or expenses, including attorney fees, liens, or judgments arising out of the acts, omissions, or negligence of the Franchisee’s contractors or subcontractors in connection with the Franchisee’s operations under this Franchise. The indemnity provided herein shall survive the expiration or other termination of this Franchise.

Section 15. Assignment.
(a) To the extent permitted by applicable law, the Franchisee shall not directly or indirectly sell, transfer, assign, or lease this Franchise or any part thereof, except with the City Council’s written consent. The Franchisee is put on notice that the City Council may elect to challenge the assignment of this Franchise before the CPUC. (b) Such sale, transfer, assignment, lease, or agreement shall be made by filing with the City Council a copy of the duly executed instrument of such sale, transfer, assignment, lease, or agreement and, if required, a written request for the consent of the City Council to such sale, transfer, assignment, lease or agreement. As a condition to the granting of consent to such sale, transfer, assignment, lease, or agreement, the City Council may impose such reasonable additional terms and conditions upon this Franchise and upon the Franchisee or assignee, which the City Council may deem to be in the public interest to the extent not in conflict with the California Constitution, the California Public Utilities Code and the rules, regulations, decisions and policies of the CPUC. Such additional terms and conditions shall be expressed by ordinance. The Franchisee shall have no right to sell, transfer, assign, or lease this Franchise, or any part thereof, except in the manner aforesaid, unless otherwise permitted by applicable law. This subsection 65344.00050\34053356.9
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applies to any assignment, whether by operation of law, by a voluntary act of the Franchisee, or otherwise.

Section 16. Failure to Comply.
(a) If the Franchisee of this Franchise shall fail, neglect, or refuse to comply with any of the provisions or conditions hereof in any material respect, and shall not, within ten (10) calendar days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City Council, after a noticed public hearing, may declare this Franchise forfeited.
(b) The City may sue in its own name for the forfeiture of this Franchise, or the imposition of any remedy allowed by law, in the event of noncompliance in any material respect by the Franchisee, its successors or assigns, with any of the conditions thereof.

Section 17. Compliance with Applicable Law. Until such time as (a) this Franchise terminates, (b) the Franchisee removes all of its pipes and appurtenances, and (c) the Franchisee completes any necessary remedial work, the Franchisee will comply with all laws applicable to its pipes and appurtenances remaining in the streets, including, but not limited to, all present and future ordinances of the City not in conflict with the paramount authority of the State of California, including the Code and the rules, regulations, orders and decisions of the CPUC. Franchisee shall comply with the water loss control regulations of the State of California Department of Water Resources in all material respects.

Section 18. Notice. All notices, requests and demands hereunder must be in writing to be effective. All notices required to be given hereunder or by operation of law in connection with the performance or enforcement hereof shall be deemed given upon delivery if delivered personally (which includes notices delivered by messenger or overnight courier) or, if delivered by mail, shall be deemed given three days after being deposited by first class mail in any duly authorized United States mail depository, postage prepaid. All such notices shall be addressed as follows, or to such other address or addresses as the Parties may from time to time specify in writing: (i) Golden State Water Company, 630 E. Foothill Blvd,, San Dimas, California 91773, Attention: Central District Manager, and (ii) City of Artesia, 18747 Clarkdale Avenue, Artesia, California 90701, Attention: City Manager.

Section 19. Independent Contractor. Nothing herein contained shall be deemed to create an agency, joint venture, or partnership between the City and Franchisee.

Section 20. Entire Agreement. This Franchise constitutes the entire agreement between the Parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter of the Franchise. Any modification of this Franchise will be effective only if it is in writing executed by City and Franchisee. 65344.00050\34053356.9
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Section 21. Governing Law and Venue. The Franchisee and City understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the Parties to this Franchise and also govern the interpretation of this Franchise. In the event of any legal action to enforce or interpret this Franchise, the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California, and the City and Franchisee agree to and to hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure § 394. Furthermore, City and Franchisee specifically agree to waive any and all rights to request that an action be transferred for trial to another county. Notwithstanding the foregoing, a proceeding may also be brought before the CPUC for such purpose.

Section 22. Consent to Breach Not Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such a waiver or consent shall be in writing and signed by the City and Franchisee claimed to have waived or consented. Any consent by the City and Franchisee to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Section 23. Calendar Days. Any reference to the word “day” or “days” shall mean calendar day or calendar days respectively, unless otherwise expressly provided.

Section 24. Attorney’s Fees. In any action or proceeding to enforce or interpret any provision of this Franchise or where any provisions hereof is validly asserted as a defense, City and Franchisee shall bear their own attorney’s fees, costs and expenses, unless otherwise agreed by the parties in connection with the settlement of any dispute.

Section 25. Interpretation. This Franchise has been negotiated at arm’s length and between persons sophisticated and knowledgeable in the matters dealt with in this Franchise. In addition, City and Franchisee have been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each Party further acknowledges that they have not been influenced to any extent whatsoever in executing this Franchise by any other Party hereto or by any person representing them, or both. Accordingly, any rule of law, (including California Civil Code § 1654) or legal decision that would require interpretation of any ambiguities in this Franchise against the Party that drafted it is not applicable and it deemed waived. The provisions of this Franchise shall be interpreted in a reasonable manner to affect the purpose of the Parties to this Agreement.

Section 26. Severability. Whenever possible, each provision of this Franchise shall be interpreted in such a manner as to be effective and valid under applicable law. If any term, condition, provision or article of this Franchise is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
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Section 27. Authority to Execute This Agreement. City and Franchisee represent and warrant that this Franchise has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms.

Section 28. Conditions of Effectiveness. This ordinance shall take effect thirty (30) days after its adoption, provided that Franchisee has filed written acceptance thereof.

The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law.

PASSED AND ADOPTED by the City Council of the City of Artesia on the ___ day of ______________, 2024.

Tony Lima, Mayor
ATTEST:

Jennifer Alderete
City Clerk
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I, Jennifer Alderete, Acting City Clerk of the City of Artesia, certify that the foregoing Ordinance No. 24-___ was introduced at a regular meeting of the City Council of the City of Artesia held on ___________________, 2024, and was finally passed and adopted by the City Council at its regular meeting held on __________________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Jennifer Alderete
City Clerk

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 10B.

TO: Mayor and Members of the City Council
SUBJECT: Public Hearing and Introduction of an Ordinance Prohibiting Short-Term Rentals FROM: Okina Dor, Community Development Director
HongDao Nguyen, City Attorney
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:

1. Open and conduct a public hearing;

2. Waive full reading and introduce Ordinance No. 24-960, An Ordinance of the City of Artesia, California, Adding Article 46 to the Artesia Municipal Code to Prohibit Short-Term Rentals Throughout the City and Finding the Action Exempt from CEQA Pursuant to State CEQA guidelines sections 15060(c)(2) and 15060(c)(2) and 15060(c)(3).

BACKGROUND:

The City of Artesia (“City”) has continuously sought to deter nuisance activities throughout the community. Since the emergence of short-term rentals, the City has received complaints about residents leasing their properties to travelers for short-term vacation rentals. Among other things, residents assert that the rentals degrade the quality of their neighborhoods by generating excessive noise, parking problems, and trash.

Because short-term rentals are not expressly permitted in any zone under the Artesia Municipal Code (“AMC”), such uses are prohibited throughout the City. To provide clarity on this restriction, proposed Ordinance No. 24-960 provides an express prohibition on short-term rentals.

On October 15, 2024, the Planning Commission held a duly noticed public hearing to consider the above code amendment and adopted Planning Commission Resolution No. 2024-13P, which recommended that the City Council waive full reading and introduce Ordinance No. 24-960. The Planning Commission vote was as follows: 3- 0-2 (3 yes, Chair Manalo, Commissioner Fonseca and Commissioner Barcelos, 0 nos and 2 absent, ViceChair Diaz and Commissioner Palhinha).

ANALYSIS:

Short-Term Rental Prohibition
The proliferation of online vacation rental websites has encouraged and enabled City property owners, tenants, and occupants to rent their local properties on a short-term basis to travelers and transients. These short-term rentals, generally numbering less than 30 days, are often associated with excessive noise, parking problems, trash, and degradation of a neighborhood’s residential character. Because of those nuisance issues, the City has received a number of complaints regarding residents renting their properties out as short-term vacation rentals. Such rentals commercialize residential areas and detrimentally change a neighborhood’s residential character.

The AMC does not expressly address short-term rentals throughout the City, therefore, such uses are prohibited throughout the City. It is the City’s current practice to investigate complaints of, and enforce against short-term rental uses. To affirm this existing prohibition and expressly memorialize this restriction the City proposes to add Article 46 to the AMC to expressly prohibit short-term rentals throughout the City.

This express prohibition aligns with the growing trend among California municipalities of banning short-term rentals due to similar disruptions to neighborhoods. It also helps address the current housing shortage in California by increasing the availability of housing stock for long-term residents.

Staff Findings for Short-Term Rental Ordinance
Based on the evidence for the Zoning Ordinance Amendment and all other applicable information presented, staff finds that the proposed Code Amendment is appropriate for the following reasons:

Eliminating short-term rentals specifically within residential zones also implements Policy LU 2.1 regarding the protection of residential areas from effects of potentially incompatible uses. Through the elimination of short-term rentals throughout the City, the Amendment prevents conflicts in uses between long-term residents and transient occupants, particularly in residential neighborhoods, in furtherance of this Policy.

2. Adoption of Zoning Code Amendment Will Not Have Adverse Effect on Health, Safety, and Welfare:

The proposed Zoning Code Amendment will not be detrimental to the public health, safety, or welfare because it maintains the current zoning framework without introducing new uses or conditions that could pose risks. Indeed, the prohibition on short-term rentals preserves the established residential character and avoids the introduction of transient activities in residential neighborhoods that could disrupt the existing community standards.

4. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in certain zones. By explicitly prohibiting short-term rentals throughout the City, the amendment supports the Zoning Code’s overall objective to maintain residential neighborhoods’ character, stability, and quality throughout the City.

ENVIRONMENTAL:

The proposed action is not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because it does not qualify as a “project” under CEQA. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if … the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) Here, the Zoning Code Amendment (“ZCA”) does not qualify as a “project” as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) Here, the ZCA clarifies that short-term rentals are prohibited in all zones. This prohibition will help address the current housing shortage in California by increasing the availability of housing stock for long-term residents. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the ZCA is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c).) Second, Section 15378 explicitly excludes from its definition of “project” the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The ZCA constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA
Even if the ZCA is considered a “project” subject to CEQA, it is categorically exempt pursuant to State CEQA Guidelines Section 15301 because it involves restrictions on short-term or vacation rental within existing private structures, with no expansion of existing or former use. In addition, the proposed ZCA is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines section 15061(b)(3), because there is no possibility that the ZCA might have a significant effect on the environment. The amendments prohibit short-term rentals in all zones within the City to help address the current housing shortage in California by increasing the availability of housing stock for long-term residents.

Lastly, none of the exceptions to the use of categorical exemptions identified in State CEQA Guidelines Section 15300.2 apply: there is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment due to the adoption of the amendments; the ZCA would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste and the ZCA has no potential to impact historic resources.

PUBLIC NOTICE:

Notice of the public hearing was published in the Los Cerritos Community News on November 1, 2024 in accordance with Government Code sections 65854 and 65090.

FISCAL IMPACT:

There are no fiscal impact to the City in regards to this proposed code amendment.

RECOMMENDED COUNCIL ACTION:

1. Open and conduct a public hearing; and

Attachments
Ordinance 24-960.pdf
PC Staff Report 10-15-24 (STR).pdf
PC Resolution No. 24-13P (STR).pdf
ORDINANCE NO. 24-960

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA ADDING ARTICLE 46 TO THE ARTESIA MUNICIPAL CODE TO

PROHIBIT SHORT-TERM RENTALS THROUGHOUT THE CITY AND FINDING

THE ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3)
WHEREAS, the City of Artesia, California (“City”) is a municipal corporation duly organized under the California Constitution and laws of the State of California; and WHEREAS, the proliferation of online vacation rental websites has encouraged and enabled City property owners, tenants, and occupants to rent their local properties on a short-term basis to travelers or transients; and
WHEREAS, these short-term rentals, generally numbering less than 30 days, are often associated with excessive noise, parking problems, trash, and degradation of a neighborhood’s residential character; and
WHEREAS, the City has also received complaints from residents about the negative secondary effects of short-term rental uses in their neighborhoods; and WHEREAS, cities have a legitimate governmental interest in preserving the residential character of their neighborhoods and protecting against public nuisance activities; and
WHEREAS, the Artesia Municipal Code (“AMC”) does not expressly address shortterm rentals. However, because short-term rentals are not expressly permitted in the City under the AMC, such uses are prohibited throughout the City; and WHEREAS, in an effort to provide further clarity on this restriction, the City Council desires to add Article 9.46 to the AMC to expressly prohibit short-term rentals throughout the City to preserve the residential character of City neighborhoods and address the negative, secondary effects caused by those uses throughout the City; and WHEREAS, on October 15,2024, the Planning Commission conducted and concluded a duly noticed public hearing concerning the Ordinance contained herein as required by law and following receipt of all public testimony closed the hearing on that date, and adopted Resolution No. 2024-13P; and
WHEREAS, the City Council conducted a duly noticed public hearing on November 18, 2024, at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff, and other public testimony; and WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and incorporated herein as substantive findings of this Ordinance.

SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under Section 15060(c)(2) of the CEQA Guidelines because the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment, and under Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in Section 15378 of the CEQA Guidelines. Rather, the Ordinance merely serves to expressly codify the current prohibition on short-term rentals. City staff is directed to cause a Notice of Exemption to be filed as authorized by CEQA and State CEQA Guidelines.

SECTION 3. Findings. Government Code Sections 65860 and 65855 requires a city's zoning ordinance to be consistent with the general plan. Based on all evidence in the record for this Zoning Code Amendment and all other applicable information presented, the City Council finds that the proposed Amendment is appropriate for the following reasons:

1. Consistency with City’s General Plan: The proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030:

Community Goal LU 2 of the Land Use Element aims to preserve stable, wellmaintained residential neighborhoods within the City. Short-term rentals often bring transient occupants who may not have a vested interest in the community, leading to issues such as excessive noise. The Amendment enhances stability of the City’s communities by preserving neighborhoods for long-term occupancy, particularly in light of the current housing crisis in California. Eliminating short-term rentals within residential zones also implements Policy LU 2.1 regarding the protection of residential areas from effects of potentially incompatible uses. Through the elimination of short-term rentals throughout the City, the Amendment prevents conflicts in uses between long-term residents and transient occupants, particularly in residential neighborhoods, in furtherance of this Policy.

4. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in certain zones. By explicitly prohibiting short-term rentals, the amendment supports the Zoning Code’s overall objective to maintain residential neighborhoods’ character, stability, and quality.

SECTION 4. Zoning Code Amendment. Article 46 of the Artesia Municipal Code is hereby added to read in its entirety as follows:
“ARTICLE 46: SHORT-TERM RENTALS
9-2.4601 Definitions.
9-2.4602 Prohibitions.
9-2.4603 Violations.

Section 9-2.4601: Definitions.

For purposes of this Article, the following definitions shall apply:
(a) "Advertisement" means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform, application, or any form of television, radio broadcast, or other form of communication, whose primary purpose is to propose a transaction. (b) “Responsible party” includes any owner, tenant, or other person or entity with a legal interest or possessory interest in the property who offers, causes, provides, allows, or facilitates, or aids another in offering, causing, providing, allowing, or facilitating, a violation of this Article. It does not include a newspaper, online platform, or other publisher who merely publishes an advertisement. (c) “Short-term or vacation rental” means the rental to a person or group of persons of a dwelling unit, or portion thereof, for compensation or consideration, whether monetary or otherwise, for lodging or sleeping purposes for a period of less than 30 consecutive calendar days.

Section 9-2.4602: Prohibitions.
(a) It is unlawful for a responsible party within any zone in the City of Artesia to:
(1) Offer, cause, provide, allow, or facilitate, or to aid another in offering, causing, providing, allowing, or facilitating, for rent or to rent for compensation or consideration a short-term or vacation rental, whether through a rental agreement, lease, license, or any other means, whether oral or written, for compensation or consideration; or
(2) Offer, cause, provide, allow, or facilitate, or to aid another in offering, causing, providing, allowing, or facilitating, any advertisement, whether published, disseminated, or broadcast through an online platform, newspaper, or any other means, of a short-term or vacation rental located in the City of Artesia.

Section 9-2.4603: Violations.
(a) Any violation of this Article constitutes a public nuisance which may be abated by the City in accordance with California Code of Civil Procedure § 731 through any means provided by law, including, but not limited to, Chapter 5-1 of this Code. (b) In addition to or in lieu of other actions, the City may, at its discretion, undertake any one or all of the following legal actions to correct or abate any nuisances or violations under this Article:
(1) Civil Penalties. Any responsible party who violates any provision of this Article is liable for a civil penalty established by resolution of the City Council. (2) Administrative Citation. Any responsible party who violates any provision of this Article is subject to administrative fines established by resolution of the City Council in accordance with Chapter 1-7 of this Code. (3) Criminal Penalty. Any violation of this Article constitutes a misdemeanor punishable under Chapter 1-2 of this Code.
(c) Any violation of this Article is unlawful and constitutes a strict liability offense, regardless of intent.
(d) The remedies provided in this Section are cumulative and not exclusive and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.

SECTION 5. Effective Date. This Ordinance will become effective 30 days following its adoption.

SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination has no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council of the City of Artesia declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.

SECTION 7. Adoption, Certification, and Publication. The City Clerk of the City of Artesia is directed to certify the passage and adoption of this Ordinance and cause the same, or a summary thereof, to be published and posted in the manner required by law.

SECTION 8. Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED AND ADOPTED this 16th day of December, 2024. ______________________________
ATTEST:
__________________________________

JENNIFER ALDERETE, CITY CLERK
APPROVED AS TO FORM:
__________________________________

HONGDAO NGUYEN, CITY ATTORNEY
11/4/24, 7:56 AM print.agendalink.app/v6/artesiaca/67071 957d83c0500652eb250

PLANNING COMMISSION AGENDA REPORT
MEETING DATE: October 15, 2024 ITEM NO: 7A.

TO: Honorable Chairperson and Members of the Planning Commission SUBJECT: Case No. 2024-21/Resolution No. 2024-13P - Code Amendment for Short-Term Rentals FROM: Okina Dor, Community Development Director
REVIEWED AND APPROVED BY:

Okina Dor, Community Development Director
RECOMMENDED ACTIONS:

1. Open and conduct a public hearing;

2. Adopt Resolution 2024-1 3P (Attachment 1 ):

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARTESIA, CALIFORNIA

RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ARTESIA APPROVE AN ORDINANCE ADDING ARTICLE 46 TO THE ARTESIA MUNICIPAL CODE TO PROHIBIT SHORT-TERM

RENTALS THROUGHOUT THE CITY AND FINDING THE ACTION EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 .

BACKGROUND:

The City of Artesia ("City") has continuously sought to deter nuisance activities throughout the community. Since the emergence of short-term rentals, the City has received complaints about residents leasing their properties to travelers for short-term vacation rentals. Among other things, residents assert that the rentals degrade the quality of their neighborhoods by generating excessive noise, parking problems, and trash.

Because short-term rentals are not expressly permitted in any zone under the Artesia Municipal Code ("AMC"), such uses are prohibited throughout the City. To provide clarity on this restriction, the proposed ordinance provides an express prohibition on short-term rentals. Attached to this staff report is the following Planning Commission Resolution and proposed Ordinance:

Planning Commission Resolution No. 2024-13P Code Amendment Regarding Short-Term Rentals (Attachment "I)
Draft Ordinance No. 24-960 Regarding Short-Term Rentals (Attachment 2) ANALYSIS:

Short-Term Rental Prohibition
https://print.agendalink.app/v6/artesiaca/67071 957d83c0500652eb250 1/3 11/4/24, 7:56 AM print.agendalink.app/v6/artesiaca/67071 957d83c0500652eb250 The proliferation of online vacation rental websites has encouraged and enabled City property owners, tenants, and occupants to rent their local properties on a short-term basis to travelers and transients. These short-term rentals, generally numbering less than 30 days, are often associated with excessive noise, parking problems, trash, and degradation of a neighborhood's residential character. Because of those nuisance issues, the City has received a number of complaints regarding residents renting their properties out as short-term vacation rentals. Such rentals commercialize residential areas and detrimentally change a neighborhood's residential character.

The AMC does not expressly address short-term rentals throughout the City, therefore, such uses are prohibited throughout the City. Is the City's current practice to investigate complaints of, and enforce against short-term rental uses. To affirm this existing prohibition and expressly memorialize this restriction the City proposes to add Article 46 to the AMC to expressly prohibit short-term rentals throughout the City.

1. Consistency with City's General Plan: The proposed Zoning Code Amendment is consistent with the following goals and principles of the City's General Plan 2030: Community Goal LU 2 of the Land Use Element aims to preserve stable, well-maintained residential neighborhoods within the City. Short-term rentals often bring transient occupants who may not have a vested interest in the community, leading to issues such as excessive noise. The Amendment enhances stability of the City's communities by preserving neighborhoods For long-term occupancy, particularly in light of the current housing crisis in California.

Eliminating short-term rentals specifically within residential zones also implements Policy LU 2.1 regarding the protection of residential areas from effects of potentially incompatible uses. Through the elimination of short-term rentals throughout the City, the Amendment prevents conflicts in uses between long-term residents and transient occupants, particuiarly in residential neighborhoods, in furtherance of this Policy.

2. Adoption of Zoning Code Amendment Will Not Have Adverse Effect on Health, Safety, and Welfare:

4. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in certain zones. By explicitly prohibiting short-term rentals throughout the City, the amendment supports the Zoning Code's overall objective to maintain residential neighborhoods' character, stability, and quality throughout the City.

ENVIRONMENTAL:
https://print.agendalink.app/v6/artesiaca/67071957d83c0500652eb250 2/3 11/4/24, 7:56 AM print.agendalink.app/v6/artesiaca/67071 957d83c0500652eb250 The proposed action is not subject to the California Environmental Quality Act ("Public Resources Code section 21000 et seq.) ("CEQA") because it does not qualify as a "project" under CEQA. The State CEQA Guidelines provide that "[a]n activity is not subject to CEQA if ... the activity is not a project as defined in Section 15378." (State CEQA Guidelines, § 1 5060(c).) Here, the Zoning Code Amendment ("ZCA") does not qualify as a "project" as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that "has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment." (State CEQA Guidelines, § 15378(a).) Here, the ZCA clarifies that short-term rentals are prohibited in all zones. This prohibition will help address the current housing shortage in California by increasing the availability of housing stock for long-term residents. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the ZCA is not a "project" subject to CEQA. (State CEQA Guidelines, § 1 5060(c).) Second, Section 15378 explicitly excludes from its definition of "projecf' the following: "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment." (State CEQA Guidelines, § 15378(b)(5).) The ZCA constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA
Even if the ZCA is considered a "project" subject to CEQA, it is categorically exempt pursuant to State CEQA Guidelines Section 15301 because it involves restrictions on short-term or vacation rental within existing private structures, with no expansion of existing or former use. In addition, the proposed Zoning Code Amendment is exempt from CEQA pursuant to the "common sense" exemption under CEQA Guidelines section 15061(b)(3), because there is no possibility that the ZCA might have a significant effect on the environment. The amendments prohibit short-term rentals in all zones within the City to help address the current housing shortage in California by increasing the availability of housing stock for long-term residents.

Lastly, none of the exceptions to the use of categorical exemptions identified in State CEQA Guidelines section 15300.2 apply: there is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment due to the adoption of the amendments; the ZCA would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste and the ZCA has no potential to impact historic resources.

PUBLIC NOTICE:

Notice of the public hearing was published in the Los Cerritos Community News on October 4, 2024 in accordance with Government Code sections 65854 and 65090. Notice of the public hearing was also posted at three public locations.

Attachments
Artesia PC Resolution No. 24-13P re Short-Term Rental Ban (finallpdf Ordinance No. 24-960
https://print.agendalink.app/v6/artesiaca/67071 957d83c0500652eb250 3/3

1 CITY OF ARTESIA

PLANNING COMMISSION
RESOLUTION NO. 2024-13P

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ARTESIA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL

OF THE CITY OF ARTESIA APPROVE AN ORDINANCE ADDING
ARTICLE 46 TO THE ARTESIA MUNICIPAL CODE TO PROHIBIT

SHORT-TERM RENTALS THROUGHOUT THE CITY AND FINDING THE

ACTION EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3) AND

ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15301.
_____________________________________________________

THE PLANNING COMMISSION OF THE CITY OF ARTESIA DOES
HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

SECTION 1: The proliferation of online vacation rental websites has encouraged and enabled property owners, tenants, and occupants in the City of Artesia (“City”) to rent their local properties on a short-term basis to travelers or transients. These short-term rentals, generally numbering less than 30 days, are often associated with excessive noise, parking problems, trash, and degradation of a neighborhood’s residential character.

SECTION 2: The City has received complaints about residents leasing their properties to travelers for short-term vacation rentals. Among other things, residents assert that the rentals degrade the quality of their neighborhoods by generating excessive noise, parking problems, and trash.

SECTION 3: Cities have a legitimate governmental interest in preserving the residential character of their neighborhoods and protecting against public nuisance activities within their jurisdictional boundaries.

SECTION 4: The Artesia Municipal Code (“AMC”) does not expressly address short-term rentals. However, because short-term rentals are not expressly permitted in the City under the AMC, such uses are prohibited throughout the City.

SECTION 5: In an effort to provide further clarity on this restriction, the City Council desires to add Article 9-2.47 to the AMC to expressly prohibit short-term rentals throughout the City to preserve the residential character of City neighborhoods and address the negative, secondary effects caused by those uses throughout the City.
2 SECTION 6: The Planning Commission of the City of Artesia the conducted a duly noticed public hearing on October 15, 2024, to consider approval of this Zoning Code Amendment, at which hearing members of the public were afforded an opportunity to comment upon this Amendment.

SECTION 7: The Planning Department has determined that the proposed action is not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because it does not qualify as a “project” under CEQA. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if … the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) Here, the Zoning Code Amendment (“ZCA”) does not qualify as a “project” as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) Here, the ZCA clarifies that short-term rentals are prohibited in all zones. This prohibition will help address the current housing shortage in California by increasing the availability of housing stock for long-term residents. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the ZCA is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c).) Second, Section 15378 explicitly excludes from its definition of “project” the following:
“organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The ZCA constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA.

Even if the ZCA is considered a “project” subject to CEQA, it is categorically exempt pursuant to State CEQA Guidelines Section 15301 because it involves restrictions on short-term or vacation rental within existing private structures, with no expansion of existing or former use. In addition, the proposed Zoning Code Amendment is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines section 15061(b)(3), because there is no possibility that the ZCA might have a significant effect on the environment. The amendments prohibit short-term rentals in all zones within the City to help address the current housing shortage in California by increasing the availability of housing stock for long-term residents.

SECTION 8: Based on all the evidence in the record, the Planning Commission has determined that amending the AMC to expressly prohibit shortterm rentals throughout the City is necessary to preserve the residential character of neighborhoods throughout the City and to mitigate the negative secondary effects caused by those uses throughout all zoning districts in the City.

Furthermore, based on the evidence presented, the Planning Commission finds that the proposed Code Amendment is appropriate for the following reasons:

1. Consistency with City’s General Plan: The proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030: Community Goal LU 2 of the Land Use Element aims to preserve stable, well-maintained residential neighborhoods within the City. Short-term rentals often bring transient occupants who may not have a vested interest in the community, leading to issues such as excessive noise. The Amendment enhances stability of the City’s communities by preserving neighborhoods for long-term occupancy, particularly in light of the current housing crisis in California. Eliminating short-term rentals specifically within residential zones also implements Policy LU 2.1 regarding the protection of residential areas from effects of potentially incompatible uses. Through the elimination of short-term rentals throughout the City, the Amendment prevents conflicts in uses between long-term residents and transient occupants, particularly in residential neighborhoods, in furtherance of this Policy.

3. Adoption of Zoning Code Amendment Will Not Adversely Affect or be Detrimental to Properties Within Residential Zones: The proposed Zoning Code Amendment will not adversely affect or be detrimental to properties because it retains the current residential zoning regulations and does not introduce new or incompatible uses that could negatively impact properties throughout the City. By prohibiting short-term rentals, the Amendment ensures that properties within applicable zones continue to experience consistent residential use without the disruptions that short-term occupancy might cause.
4 4. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in certain zones. By explicitly prohibiting short-term rentals throughout the City, the amendment supports the Zoning Code’s overall objective to maintain residential neighborhoods’ character, stability, and quality.

SECTION 9: Based on the findings set forth herein and on all the evidence in the record, the Planning Commission hereby recommends that the City Council introduce and adopt Ordinance No. 24-960, which is attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 10: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Artesia City Hall, 18747 Clarkdale Ave, Artesia, California 90701. The Community Development Director is the custodian of the record of proceedings.

SECTION 11: This Resolution shall become effective upon its adoption. The Planning Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED THIS 15th DAY of OCTOBER 2024. ________________________________
Victor Manalo, Chairperson
ATTEST:
____________________________
Okina Dor, Community Development Director
ROLL CALL VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 10C.

TO: Mayor and Members of the City Council
SUBJECT: Introduction of an Ordinance Regarding Smoke Shops FROM: Okina Dor, Community Development Director
HongDao Nguyen, City Attorney
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:

1. Open and conduct a public hearing; and

2. Waive full reading and introduce Ordinance No. 24-961, An Ordinance of the City Of Artesia, California Adopt a Zoning Ordinance Adding Article 46 to the Artesia Municipal Code to Chapter 2 to Title 9 Regarding Smoke Shops, and Finding the Ordinance to be Exempt From CEQA Pursuant to State CEQA Guidelines Sections 15301, 15060(c)(2) and 15060(c)(2) and 15061(c)(3).

BACKGROUND:

At its regular meeting on August 12, 2024, the City Council provided direction to staff to prepare a Zoning Code amendment to expressly prohibit smoke shops throughout the City, but to also allow the two existing smoke shops in the City to continue operating and relocate, if they so desire, given that those existing businesses have not generated any nuisance issues or complaints.

On October 15, 2024, the Planning Commission held a duly noticed public hearing to consider the above code amendment, adopted Planning Commission Resolution No. 2024-14P, and recommended the City Council waive full reading and introduce Ordinance No. 24-961. The Planning Commission vote was as follows: 3-0-2 (3 yes, Chair Manalo, Commissioner Fonseca and Commissioner Barcelos, 0 nos and 2 absent, Vice-Chair Diaz and Commissioner Palhinha).

ANALYSIS:

The City’s Municipal Code does not expressly permit smoke shops. Any use that is not expressly permitted in the Code is deemed to be prohibited. The proposed Ordinance (Attachment 2) would memorialize and affirm a prohibition on smoke shops in the City, expressly. Specifically, the Ordinance affirms that (1) smoke shops are banned throughout the City, (2) however, smoke shops currently operating at 17510 Pioneer Boulevard, Suite 207, and 18725 Pioneer Boulevard are permitted to continue as legal nonconforming uses, and (3) the latter two smoke shops are prohibited in all zones, except the general commercial zone, within which they may change locations, once. Moreover, they must abide by applicable State and federal laws at their current and any future location.

The proposed Ordinance strikes a balance. The express prohibition on smoke shops aligns with the growing trend among California municipalities to restrict tobacco use, and protect their residents from the long-term negative health effects of smoking and tobacco use. The proposed Ordinance also recognizes and preserves businesses that are currently operating in the City that have not posed any nuisances or generated complaints.

1. Consistency with City’s General Plan: The proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030: Community Goal LU 1 of the Land Use Element aims to regulate, accommodate, and evaluate retail commercial activities within the City, while protecting and serving the residents. Smoke shops encourage tobacco use, in particular among youth, and lead to heightened tobacco use when retailer density increases in an area. The Amendment expressly prohibits the establishment of new smoke shops, thus reducing the availability of tobacco products in the City, while still providing strict guidelines for the two (2) shops currently operating. Prohibiting smoke shops also implements Policy LU 2.3 regarding the protection of residential areas from effects of incompatible uses.

Through the express prohibition of smoke shops, with the exception of two (2) existing shops in the general commercial zone only, the Amendment protects residents from the influence of smoking and tobacco use throughout the City in furtherance of this Policy.

2. Adoption of Zoning Code Amendment Will Not Have Adverse Effect on Health, Safety, and Welfare:

The proposed Zoning Code Amendment will not be detrimental to the public health, safety, or welfare because it maintains the current residential zoning framework without introducing new uses or conditions that could pose risks. Indeed, the express prohibition on smoke shops avoids the introduction of harmful activities in areas that could disrupt the existing community standards or impact the health and welfare of adults and minors, alike.

3. Adoption of Zoning Code Amendment Will Not Adversely Affect or be Detrimental to Properties Within the Zone: The proposed Zoning Code Amendment will not adversely affect or be detrimental to properties because it retains the current commercial zoning regulations and does not introduce new or incompatible uses that could negatively impact properties within the zone. By expressly prohibiting smoke shops, with the exception of two existing ones, the Amendment ensures that properties within applicable zone continue to experience consistent use without the disruptions that smoke shop operations might cause.

4. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in commercial zones. By explicitly prohibiting smoke shops, the amendment supports the Zoning Code’s overall objective to maintain commercial area’s stability, and quality.

ENVIRONMENTAL:

The Planning Commission has determined that the proposed Zoning Code Amendment is exempt from the requirements of the CEQA pursuant State CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because it can be seen with certainty that the proposed amendment will not result in a significant effect on the environment because it prohibits the land use of smoke shops and alternatively finding the amendment is categorically exempt from CEQA under State CEQA Guidelines Sections 15301 (Class 1 Existing Facilities) and 15061(b)(3) for any existing smoke shops that relocate into another space.

PUBLIC NOTICE:

Notice of the public hearing was published in the Los Cerritos Community News on November 1, 2024.

FISCAL IMPACT:

There are no fiscal impact to the City in regards to this proposed code amendment.

RECOMMENDED COUNCIL ACTION:

1. Open and conduct a public hearing; and

Attachments
Ordinance 24-961.pdf
PC Staff Report 10-15-24 Smoke Shops.pdf
PC Resolution No. 2024-14P 10-15-24.pdf
ORDINANCE NO. 24-961

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA ADDING ARTICLE 47 TO CHAPTER 2 TO TITLE 9 REGARDING

SMOKE SHOPS, AND FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15358 and 15061(b)(3) THE CITY COUNCIL OF THE CITY OF ARTESIA FINDS AND DECLARES:

WHEREAS, the City of Artesia, California (“City”) is a municipal corporation duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including the regulation of tobacco retailers; and WHEREAS, cities have a legitimate governmental interest in preserving the health, safety and welfare of residents, and protecting against public nuisance activities; and WHEREAS, the density and proximity of tobacco retailers influence smoking behaviors, including number of cigarettes smoked per day. The density of tobacco retailers near schools has been associated with increased youth smoking rates; and WHEREAS, policies to reduce tobacco retailer density have been shown to be effective and may reduce or eliminate inequities in the location and distribution of tobacco retailers; and
WHEREAS, an express prohibition on smoke shop retailers is appropriate to protect the health, safety and welfare of the City of Artesia residents, while acknowledging the existence of two current smoke shops that operate within the City without nuisance or concern should be allowed to continue; and
WHEREAS, the Artesia Municipal Code (“AMC”) does not expressly address smoke shops in any zone. However, because smoke shops are not expressly permitted under the AMC, such uses are prohibited in the City; and
WHEREAS, in an effort to affirm its existing ban and provide further clarity on this restriction, the City Council desires to portions of the AMC to expressly prohibit the establishment of smoke shops in the City, not including those two smoke shops currently operating at 17510 Pioneer Boulevard Suite 207 and 18725 Pioneer Boulevard (each, an “Existing Smoke Shop”), to address the negative, secondary effects caused by those uses; and
WHEREAS, on October 15, 2024, the Planning Commission conducted and concluded a duly noticed public hearing concerning the Ordinance contained herein as required by law and following receipt of all public testimony closed the hearing on that date, and adopted Resolution No. 2024-14P; and
WHEREAS, the City Council conducted a duly noticed public hearing on November 18, 2024, at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff, and other public testimony; and WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and incorporated herein as substantive findings of this Ordinance.

SECTION 2. CEQA. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because it can be seen with certainty that the proposed amendment will not result in a significant effect on the environment because it prohibits the land use of smoke shops and alternatively finding the amendment is categorically exempt from CEQA under State CEQA Guidelines Sections 15301 (Class 1 Existing Facilities) and 15061(b)(3) for any existing smoke shops that relocate into another space.

A. Consistency with City’s General Plan: The proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030:

Community Goal LU 1 of the Land Use Element aims to regulate, accommodate, and evaluate retail commercial activities within the City, while protecting and serving the residents. Smoke shops encourage tobacco use, including amongst the youth, and lead to heightened tobacco use when as retailer density increases in an area. The Amendment expressly prohibits the establishment of new smoke shops, thus reducing the availability of tobacco products in the City, while still providing strict guidelines for the two (2) shops currently operating. Prohibiting smoke shops also implements Policy LU 2.3 regarding the protection of residential areas from effects of incompatible uses. Through the express prohibition of smoke shops, with the exception of two (2) existing shops in the general commercial zone only, the Amendment protects residents from the influence of smoking and tobacco use throughout the City in furtherance of this Policy.

B. Adoption of Zoning Code Amendment Will Not Have Adverse Effect on Health, Safety, and Welfare: The proposed Zoning Code Amendment will not be detrimental to the public health, safety, or welfare because it maintains the current residential zoning framework without introducing new uses or conditions that could pose risks.

Indeed, the express prohibition on smoke shops avoids the introduction of harmful activities in areas that could disrupt the existing community standards or impact the health and welfare of adults and minors, alike.

C. Adoption of Zoning Code Amendment Will Not Adversely Affect or be Detrimental to Properties Within the Zone: The proposed Zoning Code Amendment will not adversely affect or be detrimental to properties because it retains the current commercial zoning regulations and does not introduce new or incompatible uses that could negatively impact properties within the zone. By expressly prohibiting smoke shops, with the exception of two existing ones, the Amendment ensures that properties within applicable zone continue to experience consistent use without the disruptions that smoke shop operations might cause.

D. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in commercial zones. By explicitly prohibiting smoke shops, the amendment supports the Zoning Code’s overall objective to maintain commercial area’s stability, and quality.

SECTION 4. Zoning Code Amendment. Article 47 of Chapter 2 of Title 9 is hereby added to the Artesia Municipal Code to read as follows:
“Article 47 Smoke Shops Prohibited
9-2.4701 Definitions.
9-2.4702 Smoke Shops Prohibited.
9-2.4703 Exceptions.
9-2.4704 Enforcement.
9-2.4701 Definitions.
“Smoke Shop” means any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop” and shall not be subject to the restrictions in this Article.
9-2.4702 Smoke Shops Prohibited.

No person shall operate a smoke shop anywhere in the City, unless explicitly permitted as provided in this Article.
9-2.4703 Exceptions.
(a) The two smoke shops that are legally operating within the City, as referenced in Ordinance No. 961 (each an “Existing Smoke Shop”), shall be considered legal nonconforming uses and shall be permitted to continue operating within the City notwithstanding anything to the contrary.
(b) The Existing Smoke Shops shall be permitted only in the C-G general commercial zone, pursuant to the applicable regulations and standards within Article 32 of this chapter and any applicable Federal and/or State laws.
(c) The Existing Smoke Shops shall each be granted only one (1) opportunity to relocate within the C-G general commercial zone, subject to the applicable regulations and standards within Article 32 of this chapter and any applicable Federal and/or State laws, and still maintain their legal nonconforming status. Any additional location changes shall terminate an Existing Smoke Shop’s legal nonconforming use status.
(d) An Existing Smoke Shop that remains in its current location shall be subject to the provisions of Article 21 of Chapter 2 of Title 9, “Nonconforming Uses” subject to the provisions of this Article. Any Existing Smoke Shop that exercises its right to relocate, once, shall be subject to the provisions of Article 21 of Chapter 2 of Title 9, “Nonconforming Uses” after its establishment at a new location. 9-2.4704 Enforcement.

The City shall be authorized to enforce this Article by all legal means, including administrative, civil, and criminal remedies.”
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council of the City of Artesia declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.

SECTION 7. Adoption, Certification, and Publication. The City Clerk of the City of Artesia shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

SECTION 8. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED AND ADOPTED this 16th day of December, 2024. ______________________________
ATTEST:
__________________________________

JENNIFER ALDERETE, CITY CLERK
APPROVED AS TO FORM:
__________________________________

HONGDAO NGUYEN, CITY ATTORNEY
11/4/24, 8:59 AM print.agendalink.app/v6/artesiaca/67071 a04d83c0500652eb496 TO:

PLANNING COMMISSION AGENDA REPORT
MEETING DATE: October 15, 2024 ITEM NO: 7B.

Honorable Chairperson and Members of the Planning Commission SUBJECT: Case No. 2024-26/Resolution No. 2024-14P - Code Amendment for Smoke Shops FROM: Okina Dor, Community Development Director
REVIEWED AND APPROVED BY:

Okina Dor, Community Development Director
RECOMMENDED ACTIONS:

1. Open and conduct a public hearing; and

2. Adopt Resolution 2024-14P (Attachment 1 ):
0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARTESIA RECOMMENDING THAT THE CITY COUNCIL ADOPT A ZONING ORDINANCE ADDING ARTICLE 47 TO CHAPTER 2 TO TITLE 9 REGARDING SMOKE SHOPS, AND FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301 15060(c%2), 15060(c)(3), and 1 5061 (b)(3)
BACKGROUND:

At its regular meeting on August 12, 2024, the City Council amendment to expressly prohibit smoke shops throughout
existing smoke shops in the City to continue operating and businesses have not generated any issues or complaints.

ANALYSIS:
provided direction to staff to prepare a Zoning Code
the City. The direction also included allowing two
relocate, if they so desire, given that those existing
The City's Municipal Code does not expressly permit smoke shops. Any use that is not expressly permitted in the Code is deemed to be prohibited. The proposed Ordinance (Attachment 2) would memorialize and affirm a prohibition on smoke shops in the City, expressly. Specifically, the Ordinance affirms that (1) smoke shops are banned throughout the City, (2) however, smoke shops currently operating at 17510 Pioneer Boulevard Suite 207 and 18725 Pioneer Boulevard are permitted to continue as legal nonconforming uses, and (3) the latter smoke shops are prohibited in all zones, except the general commercial zone, within which they may change locations once. Moreover, they must abide by applicable State and federal laws.

Staff Findings
Based on the evidence for the Zoning Ordinance Amendment and all other applicable information presented, staff finds that the proposed Code Amendment is appropriate for the following reasons:
https://print.agendalink.app/v6/artesiaca/67071 a04d83c0500652eb496 1/2 11/4/24, 8:59 AM print.agendalink.app/v6/artesiaca/67071a04d83c0500652eb496

1. Consistency with City's General Plan: The proposed Zoning Code Amendment is consistent with the following goals and principles of the City's General Plan 2030: Community Goal LU I of the Land Use Element aims to regulate, accommodate, and evaluate retail commercial activities within the City, while protecting and serving the residents. Smoke shops encourage tobacco use, including amongst the youth, and lead to heightened tobacco use when as retailer density increases in an area. The Amendment expressly prohibits the establishment of new smoke shops, thus reducing the availability of tobacco products in the City, while still providing strict guidelines for the two (2) shops currently operating. Prohibiting smoke shops also implements Policy LU 2.3 regarding the protection of residential areas from effects of incompatible uses.

Through the express prohibition of smoke shops, with the exception or two (2) existing shops in the general commercial zone only, the Amendment protects residents from the influence of smoking and tobacco use throughout the City in furtherance of this Policy.

2. Adoption of Zoning Code Amendment Will Not Have Adverse Effect on Health, Safety, and Welfare:

The proposed Zoning Code Amendment will not be detrimental to the public health, safety, or welfare because it maintains the current residential zoning framework without introducing new uses or conditions that could pose risks. Indeed, the express prohibition on smoke shops avoids Page 3 of 3 the introduction or harmful activities in areas that could disrupt the existing community standards or impact the health and welfare of adults and minors, alike.

4. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in commercial zones. By explicitly prohibiting smoke shops, the amendment supports the Zoning Code's overall objective to maintain commercial area's stability, and quality.

ENVIRONMENTAL:

The Planning Commission has determined that the proposed Zoning Code Amendment is exempt from the requirements of the CEQA pursuant State CEQA Guidelines Sections I 5060(c)(2) and 1 5060(c)(3) because it can be seen with certainty that the proposed amendment will not result in a significant effect on the environment because it prohibits the land use of smoke shops and alternatively finding the amendment is categorically exempt from CEQA under State CEQA Guidelines Sections 15301 (Class 1 Existing Facilities) and 15061(b%3) for any existing smoke shops that relocate into another space.

PUBLIC NOTICE:

Notice of the public hearing was published in the Los Cerritos Community News on October 4, 2024. Notice of the public hearing was also posted at three locations within City's bulletin board.

Attachments
Resolution No. 2024-14P
Ordinance No. 24-961
https://print.agendalink.app/v6/artesiaca/67071 a04d83c0500652eb496 2/2 1 CITY OF ARTESIA

PLANNING COMMISSION
RESOLUTION NO. 2024-14P

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF ARTESIA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A ZONING CODE AMENDMENT ADDING ARTICLE 47 TO
CHAPTER 2 TO TITLE 9 REGARDING SMOKE SHOPS, AND

FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA
PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301,
15060(C)(2), 15060(C)(3), AND 15061(B)(3)

THE PLANNING COMMISSION OF THE CITY OF ARTESIA DOES
HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

SECTION 1: The City of Artesia has a legitimate governmental interest in the health, safety and welfare of residents, and protecting against public nuisance activities pursuant to its police power under the California Constitution.

SECTION 2: Smoke shops encourage and enable tobacco use, including amongst the youth, and their density and proximity to one another drive up the use and sale of tobacco products within an area. The negative health effects of smoking and tobacco use, generally, including nicotine addiction and exposure to dangerous carcinogens, impacts the health and welfare of residents.

SECTION 3: The City acknowledges the establishment of two (2) existing smoke shops operating within the City that have not posed any public nor private nuisances, nor have they generated complaints from residents. Their existence at 17510 Pioneer Boulevard Suite 207 and 18725 Pioneer Boulevard as the only smoke shops in the City does not deteriorate the neighborhoods nor pose direct harm to residents. Thus. their nonconforming uses should be allowed.

SECTION 4: The Artesia Municipal Code (“AMC”) does not expressly address smoke shops in any zone. However, because smoke shops are not expressly permitted under the AMC, such uses are prohibited in the City.

SECTION 5: In an effort to expressly affirm this prohibition, the City desires to amend portions of the AMC through the attached Ordinance (Attachment A) to expressly prohibit establishment of smoke shops, regulate the current smoke shops operating as legal nonconforming uses, and address the negative, secondary effects caused by smoke shop uses.

SECTION 6: The Planning Commission of the City of Artesia the conducted a duly noticed public hearing on October 15, 2024, to consider approval of this 2 Zoning Code Amendment, at which hearing members of the public were afforded an opportunity to comment upon this Amendment.

SECTION 7: The Planning Department has determined that the proposed action is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3) because it can be seen with certainty that the proposed amendment will not result in a significant effect on the environment because it prohibits the land use of smoke shops and alternatively finding the amendment is categorically exempt from CEQA under State CEQA Guidelines Sections 15301 (Class 1 Existing Facilities) and 15061(b)(3) for any existing smoke shops that relocate into another space. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption.

SECTION 8: Based on all the evidence in the record, the Planning Commission recommends that the City Council adopt the proposing Zoning Code Amendment, attached hereto as Exhibit “A” and incorporated herein by reference pursuant to the following findings:

1. Consistency with City’s General Plan: The proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030: Community Goal LU 1 of the Land Use Element aims to regulate, accommodate, and evaluate retail commercial activities within the City, while protecting and serving the residents. Smoke shops encourage tobacco use, including amongst the youth, and lead to heightened tobacco use when as retailer density increases in an area. The Amendment expressly prohibits the establishment of new smoke shops, thus reducing the availability of tobacco products in the City, while still providing strict guidelines for the two (2) shops currently operating.

Prohibiting smoke shops also implements Policy LU 2.3 regarding the protection of residential areas from effects of incompatible uses. Through the express prohibition of smoke shops, with the exception of two (2) existing shops in the general commercial zone only, the Amendment protects residents from the influence of smoking and tobacco use throughout the City in furtherance of this Policy.

2. Adoption of Zoning Code Amendment Will Not Have Adverse Effect on Health, Safety, and Welfare: The proposed Zoning Code Amendment will not be detrimental to the public health, safety, or welfare because it maintains the current residential zoning framework without introducing new uses or conditions that could pose risks. Indeed, the express prohibition on smoke shops avoids the introduction of harmful activities in areas that could disrupt the existing community standards or impact the health and welfare of adults and minors, alike.
3 3. Adoption of Zoning Code Amendment Will Not Adversely Affect or be Detrimental to Properties Within the Zone: The proposed Zoning Code Amendment will not adversely affect or be detrimental to properties because it retains the current commercial zoning regulations and does not introduce new or incompatible uses that could negatively impact properties within the zone. By expressly prohibiting smoke shops, with the exception of two existing ones, the Amendment ensures that properties within applicable zone continue to experience consistent use without the disruptions that smoke shop operations might cause.

4. Consistency with Zoning Code: The Amendment is internally consistent with other provisions of the Zoning Code, as it reinforces existing regulations that prohibit incompatible uses in commercial zones. By explicitly prohibiting smoke shops, the amendment supports the Zoning Code’s overall objective to maintain commercial area’s stability, and quality.

SECTION 9: The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Artesia City Hall, 18747 Clarkdale Ave, Artesia, California 90701. The Community Development Director is the custodian of the record of proceedings.

SECTION 10: This Resolution shall become effective upon its adoption. The Planning Clerk shall certify to the adoption of this Resolution.

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS:
4 EXHIBIT A

PROPOSED ORDINANCE

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 10D.

TO: Mayor and Members of the City Council
SUBJECT: Adoption of an Urgency Ordinance No. 24-962U Amending the Artesia Municipal Code relating to Accessory Dwelling Units
FROM: Okina Dor, Community Development Director
REVIEWED AND APPROVED BY:

Melissa Burke, Deputy City Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:

Staff recommends that the City Council take the following action:

1. Open and conduct the public hearing; and

2. Waive full reading and adopt Ordinance No. 24-962U, An Urgency Ordinance of the City Council of the City of Artesia Amending Title 9, Chapter 2, Article 45, of the City of Artesia Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and Finding the Action to be Statutorily Exempt from CEQA Under Public Resources Code § 21080.17.

BACKGROUND AND ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that to impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU and JADU law as summarized below.

AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the constructioncutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).) SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.

SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).) Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure.

Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.

SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).) SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have.

Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4).) SUMMARY:

Both AB 2533 and SB 1211 take effect January 1, 2025. If the City’s ADU ordinance does not comply with requirements of both bills by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no regulation except for the few requirements in the state ADU law itself. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

The proposed Urgency Ordinance is an urgency measure, which means it will take immediate effect upon adoption.

Typically, an ordinance affecting planning and zoning is approved by the Council after a Planning Commission recommendation, a first reading and introduction before the Council, and then a second reading at a regular Council meeting — with the Ordinance taking effect 30 days following adoption. But here it is necessary for the City Council to adopt this Urgency Ordinance as an urgency measure because AB 2533 and SB 1211 will take effect on January 1, 2025, before a non-urgency adoption would take effect. The Urgency Ordinance will ensure that the City’s ADU ordinance complies with recent changes in state law and incorporate other minor staff-generated revisions aimed at augmenting clarity for the benefit of staff and the general public. The Urgency Ordinance will be followed by a non-urgency ordinance subject to all normal procedures. The non-urgency ordinance is expected to be considered at the November 19, 2024, Planning Commission Meeting, where it will then be on the agenda for first reading at the following City Council meeting.

For the above reasons, staffs recommends that the City Council adopt the proposed Urgency Ordinance, which will ensure that the City’s ADU ordinance remains valid when AB 2533 and SB 1211 take effect on January 1, 2025.

PUBLIC NOTICE:

The Notice of the Public Hearing for the urgency ordinance was published in the Los Cerritos Community News on November 8, 2024.

ENVIRONMENTAL:

Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the proposed Urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council take the following action:

1. Open and conduct the public hearing; and

Attachments
Urgency Ordinance 24-962U.pdf
Urgency Ordinance 24-962U Exhibit A-1.pdf
65344.00030\42851447.2 -1-
URGENCY ORDINANCE NO. 24-962U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARTESIA AMENDING TITLE 9, CHAPTER 2,
ARTICLE 45, OF THE CITY OF ARTESIA MUNICIPAL

CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS, AND

FINDING THE ACTION TO BE STATUTORILY EXEMPT
FROM CEQA UNDER PUBLIC RESOURCES CODE §
21080.17
WHEREAS, the City of Artesia, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect January 1, 2025, and if the City’s ADU ordinance does not comply with the requirements imposed by those bills by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of AB 2533 and SB 1211 because if the City’s ordinance does not comply with this legislation by January 1, 2025 — and the City’s ADU ordinance becomes null and void as a matter of law — the City would thereafter be required to approve ADUs and JADUs in accordance with the few default standards that are provided in Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. 65344.00030\42851447.2 -2-
These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the City of Artesia does ordain as follows:

Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of this Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements state ADU law.

Section 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

Section 4. Code Amendment. Sections 9-2.4501, 9-2.4502, 9-2.4503, 9-2.4504, 9-2.4505, 9-2.4506, and 9-2.4508 of the Artesia Municipal Code is hereby amended as provided in Exhibit “A-1,” with additions shown in underline and deletions in strikethrough, attached hereto and incorporated herein by reference. This Ordinance only amends select provisions within the sections listed above; all remaining provisions of Title 9, Chapter 2, Article 45 of the Artesia Municipal Code that are not amended by this Ordinance shall remain unchanged.

Section 5. Effective Date. This Ordinance takes effect immediately upon its adoption.

Section 6. Publication. The City Clerk directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

Section 7. HCD Submittal. In accordance with Government Code section 66326, the City Clerk shall submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. 65344.00030\42851447.2 -3-
The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

Section 9. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings
PASSED, APPROVED AND ADOPTED by the City Council of the City of Artesia, California, at a regular meeting of the City Council held on the 18th day of November, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF ARTESIA
________________________________
Mayor
ATTEST:
________________________________
City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
________________________________
City Attorney
65344.00030\42851447.2 -4-
EXHIBIT “A-1”
Amended ADU Regulations
(follows this page)
65344.00030\42792764.2
1 EXHIBIT “A-1”
Title 9, Chapter 2, Article 45 – Accessory Dwelling Units (Deletions in strikethrough and additions underlined)
§ 9-2.4501 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22Chapter 13 of Division 1 of Title 7 of the California Government Code. § 9-2.4502 Effect of Conforming.

An ADU or JADU that conforms to the standards in this section will not be:
(a) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(b) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(c) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d) Required to correct a nonconforming zoning condition, as defined in Section 9-

2.4503(g) 9-2.4503(h). This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
§ 9-2.4503 Definitions.

As used in this article, terms are defined as follows:
…
(f) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. …
§ 9-2.4504 Approvals.

The following approvals apply to ADUs and JADUs under this section:
(a) Building-permit Only. If an ADU or JADU complies with each of the general requirements in Section 9-2.4505, it is allowed with only a building permit in the following scenarios:
65344.00030\42792764.2
2 (1) Converted on Single-family Lot: One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the single-family dwelling; and
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code Section 65852.22 Sections 66333 through 66339.
…
(4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies both all of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in Section 9-2.4505(b).
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
§ 9-2.4505 General ADU and JADU Requirements.

The following requirements apply to all ADUs and JADUs that are approved under Section 9-

2.4504(a) or (b):
(a) Zoning.
(1) An ADU subject only to a building permit under Section 9-2.4504(a) may be created on a lot in a Residential or Mixed-Use Zone. 65344.00030\42792764.2
3 (2) An ADU or JADU subject to an ADU permit under Section 9-2.4504(b) may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (3) In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences. …
(e) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
…
(h) Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director of Community Development. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(1) Except as otherwise provided in Government Code Section 65852.26 66341, the ADU or JADU may not be sold separately from the primary dwelling.
…
§ 9-2.4506 Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under Section 9-

4.4504(b).
…
(e) Passageway. No passageway, as defined by Section 9-2.4503(h)(i), is required for an ADU.
(f) Parking.
(1) No Parking Required. California Government Code Section 65852.2 66322 prohibits the City from requiring an off-street parking space for an ADU that is located within 1/2 mile walking distance of public transit. All lots in the City that are eligible for the creation of an ADU subject to this section are located within 1/2 mile walking distance of public transit. 65344.00030\42792764.2
4 Consequently, no off-street parking is required for an ADU subject to this subsection.
(2) No Replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(g) Architectural Requirements.
(1) The materials and colors of the exterior walls, roof, and windows and doors must match be the appearance ofsame as those of the primary dwelling.
…
(6) Windows and doorsNo window or door of the ADU may not have a direct line of sight to an adjoining residential property. FencingEach window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass may be used to provide screening and to prevent a direct line of sight.
…
§ 9-2.4508 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. (b) Unpermitted ADUs and JADUs constructed before 20182020. (1) Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 20182020, if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with the State ADU or JADU law (Government Code Section 65852.2) or this ADU ordinance (Section 9-2.4501 et seq.).
(2) Exceptions.
65344.00030\42792764.2
5 (i) Notwithstanding Subsection (b)(1), the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 20182020, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure comply with the standards specified in California Health and Safety Code section 17920.3.
(ii) Subsection (b)(1) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 18, 2024 ITEM NO: 11A.

TO: Mayor and Members of the City Council
SUBJECT: Discussion Regarding Amending the Artesia Municipal Code Regarding Permits for Fireworks Sales
FROM: Melissa Burke, Deputy City Manager
REVIEWED AND APPROVED BY:

Jamie Murguia, Finance Manager
HongDao Nguyen, City Attorney
Abel Avalos, City Manager
RECOMMENDATION:

It is recommended that the City Council discuss and provide direction to Staff regarding drafting a code amendment making changes to the criteria in the Artesia Municipal Code related to how organizations can receive permits for the sale of safe and sane fireworks in the City.

BACKGROUND:

The Artesia Municipal Code currently sets limits and regulations regarding the number and the types of organizations that can receive a permit to sell safe and sane fireworks in conjunction with the Fourth of July. The City is authorized under its police power to require a permit. For the last several years, the City has received seven applications for permits though eight permits are available.

The Code provides criteria that applicants must meet, in order to obtain a permit. Among other things, the Code requires that organizations be a nonprofit organization but does not define what constitutes a "nonprofit." Additionally, the Code provides priority to groups that meet certain residency requirements, but does not require the organization be an Artesia based nonprofit to obtain a permit. Councilmember Trevino requested the City Council discuss the possibility of directing Staff to amend the Artesia Municipal Code to provide more detail regarding what organizations may apply for, and be granted permits for fireworks stands.

FISCAL IMPACT:

If the City Council directs Staff to move forward with a code amendment, there will be a cost associated with drafting the Code amendment and meeting publication requirements.

Artesia City CouncilNovember 18, 2024

Artesia City Council
November 18, 2024