Agenda — Cudahy City Council, August 16, 2022 (part 3 of 3)

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28 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the Effective Date.

APPROVED AS TO FORM
MARY C. WICKHAM,
County Counsel
By:_________________________
Teddy Low
Senior Deputy County Counsel
"LACMTA"

THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY, a California county
transportation authority existing under the Authority of §§ 130050.2 et seq. of the California Public Utilities
Code
By: ____________________________
Name: ____________________________
Its: _______________________________

APPROVED AS TO FORM
[Insert name and title]
By: _________________________
[Insert name]
the City Attorney
ATTEST
By: _______________________
the City Clerk
"CITY"
[_________________________________,
a California municipal corporation]
By: _____________________________
Name: _____________________________
Its: ________________________________

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29 EXHIBIT 1 – PROJECT DESCRIPTION
Part A: WSAB Project
The WSAB Project is a new 19-mile light rail transit (LRT) line that will connect southeast LA County to downtown Los Angeles, serving the cities and communities of Artesia, Cerritos, Bellflower, Paramount, Downey, South Gate, Cudahy, Bell, Huntington Park, Vernon, unincorporated Florence-Graham community of LA County and downtown Los Angeles.

The project area is home to 1.2 million residents and is a job center to approximately 584,000 employees. Projections show the resident population increasing to 1.5 million and jobs increasing to 670,000 by 2040. Population and employment densities are five times higher than the LA County average. This rail corridor is anticipated to serve commuters in a high travel demand corridor by providing relief to the limited transportation systems currently available to these communities. In addition, the project is expected to provide a direct connection to the Metro Green Line, Metro Blue Line and the LA County regional transit network. The WSAB Project involves a shared corridor of approximately 10 miles of freight-owned ROW that runs along the Wilmington and La Habra Branches (owned by Union Pacific Railroad, UPRR) and the San Pedro Subdivision (owned by the Ports of LA and Long Beach).

The main goals of the WSAB Project are to:

1. Provide mobility improvements

2. Support local and regional land use plans and policies

3. Minimize environmental impacts

4. Ensure cost effectiveness and financial feasibility

5. Promote equity
Part B: Anticipated Contractual Packages
As at the date of this Agreement, the Enabling Works, P3 Project Scope and LACMTA Retained Scope are anticipated to comprise of the following scope elements:

Enabling Works LACMTA Retained Scope P3 Project Scope
 Advanced utility relocation
 Freight relocation
 Grade crossings
- Civil and Striping
- Drainage
- Utilities
- Traffic Control
- Signal (Freight
Preemption only)
 Right-of-way acquisition
 Supply and installation of fare
collection equipment and all fare
collection activities
 Security and enforcement
activities, with limited exceptions
(such as at maintenance storage
facilities)
 Art installation
 Bike hubs and/or lockers
 Environmental site assessment
including identification of
potential or existing
contamination or hazardous
materials through soil borings
 Design and construction of the
WSAB Project (including all
stations, vehicles, light rail
track, systems and
maintenance storage
facilities), other than those
scope elements that are
defined as part of the
Enabling Works or that are
LACMTA Retained Scope
 The operation of all train
services and performance of
all other operating functions
for the WSAB Project during
the term of the LACMTA
Contract with the P3
Developer, other than those
scope elements that are
LACMTA Retained Scope

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30 and review of publicly available
information
 Geotechnical investigations
 Remediation of hazardous
materials (if any)
 All asset management and
maintenance activities for the
WSAB Project during the term
of the LACMTA Contract with
the P3 Developer, other than
those scope elements that are
LACMTA Retained Scope

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31 EXHIBIT 2 – PROJECT PHASES AND PROJECT SCHEDULE
Part A: Phases
As at the date of this Agreement, the phasing and time periods for the early phasing is anticipated to be as set out in this Part A. The phases described in this Part A may overlap and the time periods are subject to change.

PHASE KEY ACTIVITIES
Planning & Advanced
Conceptual
Engineering
Key activities include:
 Preparation of the draft EIR/EIS and the final EIR/EIS  Approval by LACMTA Board of the locally preferred alternative (LPA)  Preparation of Advanced Conceptual Engineering (15%) for the WSAB Project  Certification of the final EIR by the LACMTA Board
 FTA issuance of the Record of Decision
 Preparation of the Mitigation Monitoring and Reporting Plan (MMRP) Enabling Works:

Engineering &
Procurement
Key activities include:
 Engineering and Design Development for the Enabling Works by LACMTA and the LACMTA Contractors (including any Rearrangements included within that Enabling Works scope) through to Final Design
 Working with third parties to obtain third party approvals for the Enabling Works, including CPUC, United Pacific Railroad and Caltrans
 Procurement of LACMTA Contractor(s) to perform the Enabling Works Enabling Works:

Construction
Key activities include:
 Construction of Enabling Works (including any related Rearrangements)

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32 PHASE KEY ACTIVITIES
P3 Project Scope:

Procurement
Key activities include:
 Definition of the scope, specifications and requirements for the P3 Project Scope  Procurement of the P3 Developer to perform the P3 Project Scope (a two-stage procurement process including a request for qualifications and a request for proposal phase is anticipated)
P3 Project Scope:

Design Build
Key activities include:
 Design Development for the P3 Project Scope by the selected P3 Developer through to Final Design
 Construction of the P3 Project Scope (including any related Rearrangements) by the P3 Developer
 Performance of any LACMTA Retained Responsibilities by LACMTA  Testing, trial running and certification of revenue service availability Operation and
Maintenance
Key activities include:
 Operation of passenger service on the WSAB Project by the P3 Developer  Maintenance of the WSAB Project by the P3 Developer
 Performance of any LACMTA Retained Responsibilities by LACMTA Part B: Project Schedule
As notified by LACMTA to the City or otherwise incorporated in an amendment of this Agreement.

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33 EXHIBIT 3 – PROJECT SITE
Part A: WSAB Project Site
Part B: City Portion
The drawing depicting the City Portion will be as notified by LACMTA to the City or otherwise incorporated in an amendment of this Agreement.

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34 EXHIBIT 4 – ROLES AND RESPONSIBILITIES
Part A: LACMTA Representative and City Representative
The initial designations of the LACMTA Representative and City Representative are as follows:

LACMTA Representative LACMTA Program Management or such other person, or the holder of a specified office or position, specified, from time to time, by LACMTA’s Chief Executive
Officer, or his/her designee
City Representative City Manager or his/her designee
Part B: Summary of Key Roles and Responsibilities
Phase LACMTA City
LACMTA Retained P3 Developer
General Performing its retained
obligations and ensuring that
the LACMTA Contractors
(including the P3 Developer)
comply with the provisions of
this Agreement
During the term of its LACMTA
Contract with LACMTA,
performing LACMTA's
responsibilities under this
Agreement other than Cost
reimbursement and those
obligations specifically retained
by LACMTA and excluded from
the P3 Project Scope
Performing all of City's
obligations under this
Agreement and ensuring
that all City Contractors
comply with the provisions
of this Agreement
Planning and
Advanced
Conceptual
Engineering
Managing the planning
process and preparing all
environmental documents
including the EIR/EIS
Preparing Advanced
Conceptual Engineering for
the WSAB Project
Not applicable Providing support and
assistance to LACMTA in
obtaining Governmental
Approvals and in dealing
with other third parties with
respect to the City Portion
Enabling
Works:

Engineering &
Procurement
Preparing and submitting the
Design for Enabling Works to
the City to the extent required
by this Agreement, up to and
including Final Design stage
Preparing the procurement
documents and managing the
procurement for the Enabling
Works
Not applicable Reviewing and approving
Designs submitted to it in
accordance with agreed
procedures
Performing any other
Design-related obligations
under any Work Orders
Providing assistance to
LACMTA in procuring any
right-of-way necessary for
the City Portion

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35 Phase LACMTA City
LACMTA Retained P3 Developer
Enabling
Works:

Construction
Monitoring progress and
performance of the LACMTA
Contractor(s) responsible for
Enabling Works
Interfacing and coordinating
with the LACMTA Contractor(s)
responsible for the Enabling
Works
Performing its
Construction-related
obligations under any
Work Orders
Coordinating Adjacent
Work, City Construction
Work and City
Maintenance Work
P3 Project
Scope:

Procurement
Preparing the procurement
documents and managing the
procurement for the P3 Project
Scope
Submitting its proposal in
accordance with the
procurement documents
To the extent requested by
LACMTA, reviewing the
scope, specifications and
requirements for any
Rearrangements included
within the P3 Project
Scope
P3 Project
Scope: Design
Build
Reviewing Designs prepared
by the P3 Developer and
ensuring that such Designs
are submitted to the City to the
extent required by this
Agreement
Performing and/ or ensuring
that LACMTA Contractors
perform the LACMTA
Retained Scope
Monitoring progress and
performance of the P3
Developer's Construction work
Defining its design
management plan for the
design of the P3 Project Scope
Submitting Design Packages in
accordance with the provisions
of its LACMTA Contract with
LACMTA and its design
management plan, and
submitting such Designs to the
City to the extent required by
this Agreement, up to and
including Final Design stage
Performing the Construction
work required to be performed
under the P3 Project Scope in
accordance with the Final
Designs, approved plans, the
provisions of its LACMTA
Contract for the P3 Project
Scope and the provisions of
this Agreement
Reviewing and approving
Designs submitted to it in
accordance with agreed
procedures
Performing any other
Design-related obligations
under any Work Orders
Performing its
Construction-related
obligations under any Work
Orders
Coordinating Adjacent
Work, City Construction
Work and City
Maintenance Work
Operation and
Maintenance
Performing or ensuring that
LACMTA Contractors perform,
the LACMTA Retained Scope
Monitoring performance of the
P3 Developer's operation and
maintenance work
Performing the operation and
maintenance work required to
be performed under the P3
Project Scope in accordance
with the approved plans, the
provisions of its LACMTA
Contract for the P3 Project
Scope and the provisions of
this Agreement (including any
amendment or supplement or
new agreement entered into
Performing any operation
and maintenance work
allocated to the City under
the provisions of this
Agreement (including any
amendment or supplement
or new agreement entered
into under Article 6
(Operation and
Maintenance)) and
coordinating maintenance

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36 Phase LACMTA City
LACMTA Retained P3 Developer
under Article 6 (Operation and
Maintenance))
work and Adjacent Work
with LACMTA and the P3
Developer
Part C: Issue Resolution Ladder
The following City staff or its designees shall be responsible for coordinating among the applicable City departments and divisions as necessary to make the designated decision or approval.

City Team Partial List of Key Functions for Decision or Approval LACMTA Team City Manager,
Director of Public
Works, Designated
Project Manager or
Designated
Representative
Spearhead council approval of all work outside of normal working hours including any night work variances, holiday work restrictions, police & fire department requests, peak hours exemptions, and other requests with potential shortterm impacts to the community (i.e. revised detours, temporary full street closures, revised haul routes)
LACMTA Chief Program
Manager
Director of Public
Works, City
Engineer, or
Designated
Representative
Approve all final Construction plans and related documents as required by this Agreement.

Provide overall leadership in timely resolution of Design, Construction, plan review, and related administrative
matters.

CA Professional Engineer Registration
LACMTA Senior
Executive Officer over
Designated Project
Manager
City Public Works
Construction
Department Head or
Designated
Representative
Provide Construction support as specified in this Agreement Manage assigned resources and coordinate interactions
between the City and LACMTA and the LACMTA
Contractors as it relates to Construction support.

Provide independent quality assurance (IQA) functions
where LACMTA performs work within City Right-of-Way
such as street improvement, signal, lighting, and utility work.

LACMTA Designated
Project Manager level
(Executive Officer or
Deputy Executive
Officer) or Designated
Construction Manager
(Deputy Executive
Officer or Senior
Director)
City Public Works
Permit Division
Head or Designated
Representative
Oversee and coordinate all plan reviews as specified in this Agreement
Manage and coordinate interaction of the City with LACMTA and the LACMTA Contractors as it relates to Design review and comment resolution.

Provide the necessary coordination in planning,
engineering, technical, analytical and administrative support services with respect to design approval including fire/life safety, police/public security, access, transportation
engineering, civil and structural engineering, street lighting engineering, drainage, sanitation, landscaping, and related maintenance requirements.

Skilled in change management and expedited approvals.

LACMTA Designated
Project Engineer
(Deputy Executive
Officer or Senior Director
levels), consultant CM,
and LACMTA Third
Party Admin Dept
Project Lead (Civil)

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37 City Traffic Engineer
or Designated
Representative
Approve all worksite traffic control plans and any final design documents pertaining to both permanent and temporary
traffic controls (signals, striping, WATCH lane closures, MUTCD restrictions, lighting, etc. )
LACMTA Designated
Project Engineer
(Deputy Executive
Officer or Senior Director
levels), consultant CM,
LACMTA Third Party
Admin Dept Project Lead
(Civil) and TE
consultants.

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38 EXHIBIT 5 – DESIGN REQUIREMENTS

1. GENERAL DESIGN CRITERIA
Any Design work for any Rearrangements shall be performed in accordance with:
(a) the Design requirements set out in this EXHIBIT 5 or otherwise under the provisions of this Agreement and the relevant Work Order (if applicable); and
(b) all Governmental Approvals, Applicable Law and, subject to Section 3.5 (City Standards) of this Agreement, the City Standards.

2. CITY STANDARDS
The Parties agree that the following comprise the "City Standards" for the purposes of this Agreement:
(a) [To agree with the City and insert prior to execution]

3. SPECIFIC DESIGN REQUIREMENTS FOR REARRANGEMENTS

3.1 Surface Openings. To the extent operationally and fiscally practical, LACMTA shall locate surface openings, if any to mitigate: (a) the effect on existing features of landscape and improvements; and (b) public disruption; in each case after taking account of health and safety concerns. Placement of gratings in sidewalks will be avoided to the extent reasonably practicable; however, all other openings, such as mechanical access openings, shall be regularly permitted in sidewalks, provided such openings are enclosed.

3.2 Landscaping. Trees and landscaped areas under ownership or daily control of the City shall be preserved whenever practical. Trees in the Project Site, which are not being removed by LACMTA, shall be adequately protected. Trees that must be removed due to Rearrangements shall be replaced by LACMTA, if the City elects and right-of-way is available. Replacement work shall be in accordance with applicable City Standards and shall be coordinated with the City. Landscaped areas removed due to Rearrangements shall be restored to the original condition to the extent practical as agreed to by the City and LACMTA.

3.3 Traffic Control Devices and Lighting Systems. If a Rearrangement requires the removal and reinstallation, or modification of existing or installation of new traffic control devices or lighting systems ("Traffic Control and Lighting Work"), then LACMTA must obtain the City's approval of LACMTA's Design for the Traffic Control and Lighting Work (which consent may not be unreasonably delayed or withheld).

3.4 Private Projections in Public Ways. If LACMTA determines that a private projection in, over or under any City Facilities or the City Rights-of-Way must be removed to accommodate the WSAB Project, LACMTA will issue a Work Order to the City and the City shall take all reasonable actions within its powers to require the elimination of such projections by the time specified in the Work Order. If the City is not empowered to effect the removal of such projections, or if LACMTA otherwise elects, LACMTA will make its own arrangements for removal of such projections. The City will cooperate with LACMTA to minimize the cost to eliminate, move, remove or otherwise terminate projections.

3.5 City Communications Facilities. The relocation of any conflicting underground City communications facilities shall be done by employing intercept-style manholes at both ends of every conflicting communications conduit segment in question, directly on the alignment of existing conduit segment(s), and beyond the area of the conflicting communications facilities.

4. PREPARATION AND SUBMISSION OF DESIGN DOCUMENTATION
For those Rearrangements where LACMTA is responsible for the Design work under the provisions of this Agreement, LACMTA will, and will ensure that the LACMTA Contractors will:
(a) prepare and submit all Design Documentation to the City:

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39 (i) in Packages in accordance with the schedule under the applicable design management plan defined by LACMTA and/or the applicable LACMTA Contractor and notified to the City (as may be updated and notified to the City from time to time); and (ii) in a manner and at a rate which, having regard to the quantum of Design Documentation submitted, will give the City a reasonable opportunity to review the submitted Design Documentation;
(b) ensure that the Design Documentation submitted for the Final Design is of a level of detail which is sufficient to permit the City to determine whether the Design Documentation complies with this Agreement and the Construction work which will be performed in accordance with the Design Documentation will comply with this Agreement and highlights any material amendments made since any earlier submittal of that Design Documentation;
(c) invite the City to attend any pre-submittal workshops held where Design Documentation for a Rearrangement is to be presented; and
(d) if reasonably requested by the City, make available the appropriate design personnel to participate in design review meetings after submittal of any Design Documentation for a Rearrangement to explain the Design Documentation or a particular element of it and provide such information regarding the Design Documentation as the City may reasonably request.

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40 EXHIBIT 6 – LACMTA SUBMITTAL REVIEW PROCEDURE

1. GENERAL

1.1 The Parties agree that individuals undertaking Design review on behalf of the City under this Agreement shall, where reasonably possible, be consistent throughout the Design Phase. The City will ensure that any individual undertaking Design review on behalf of the City under this agreement has the appropriate qualifications, capability and experience to perform the review.

1.2 The procedures set out in this EXHIBIT 6 will govern all LACMTA Submittals to the City pursuant to this Agreement.

2. REVIEW PROCEDURE

2.1 The City shall notify LACMTA and the relevant LACMTA Contractor (if applicable) within 10 days of receipt of a LACMTA Submittal from LACMTA or a LACMTA Contractor if it considers (acting reasonably) that the LACMTA Submittal submitted is incomplete or deficient for the City's review purposes and requires resubmission, together with a detailed description of the information that it deems to be missing or deficient. If no such Notice is delivered by the City within such ten-day period, the LACMTA Submittal shall be deemed complete and acceptable for review purposes.

2.2 The City shall (or must require that the relevant City Contractor) within the LACMTA Submittal Review Period:
(a) review the LACMTA Submittal; and
(b) notify LACMTA and the relevant LACMTA Contractor (if applicable) that it:
(i) approves the LACMTA Submittal; or
(ii) rejects the LACMTA Submittal with detailed reasons including all Compliance Comments.

2.3 All Compliance Comments shall be transmitted in the form of a comment matrix, through the LACMTA 'Quality Management Oversight' database or through another equivalent format (in each case, as notified and provided by LACMTA) and shall be accompanied by an annotated LACMTA Submittal (if applicable). Where a database is used for transmission of comments, LACMTA will provide the City (and the relevant City Contractors) with user accounts and training for this purpose.

2.4 If no comments are received within the LACMTA Submittal Review Period, the LACMTA Submittal shall be deemed complete and approved by the City.

2.5 The Parties acknowledge that the LACMTA Submittal review process set out in this EXHIBIT 6 is intended to facilitate the LACMTA Submittal review process and be consistent (with necessary changes) with the LACMTA Guidelines on Enhanced Partnered Coordination and shall supersede the submittal / shop drawing review schedules specified in any standards referenced in this Agreement.

3. GROUNDS FOR OBJECTION OR COMMENT

3.1 The City will only be entitled to reject a LACMTA Submittal under Article 2 (Review Procedure) of this EXHIBIT 6 if such LACMTA Submittal fails to comply with the requirements set out in this Agreement, as specified in the City's Compliance Comments.

3.2 If the City rejects a LACMTA Submittal in accordance with Article 2 (Review Procedure) of this EXHIBIT 6, LACMTA must (or must require that the relevant LACMTA Contractor):
(a) address the Compliance Comments and re-submit the LACMTA Submittal for review; or

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41 (b) notify the City that it does not agree with the grounds for rejection. If LACMTA does not agree with the grounds for rejection on the basis that such grounds would constitute a Betterment, Article 5 (Betterments) of this Agreement shall apply.

3.3 The City agrees that during the Final Design stage, it shall not raise any new issues, or make any comments, which are inconsistent with its comments on earlier submittals, or with any changes already agreed to by the City.

3.4 The City's approval of the Final Design for any Rearrangement will not be withheld if the submittal is consistent with the most recent earlier submittal for such Rearrangement, modified as appropriate to respond to the City's Compliance Comments on such earlier submittal (to the extent such comments were made in accordance with the provisions of this Agreement) and to reflect any subsequent changes agreed to by the City and LACMTA.

4. NO COMMENCEMENT OF CONSTRUCTION WORK
LACMTA and the City must not commence or permit the commencement of any Construction work that is the subject of, governed by or dependent upon a LACMTA Submittal until LACMTA (or a LACMTA Contractor) has submitted the relevant LACMTA Submittal to the City in accordance with this EXHIBIT 6 and:
(a) within seven days of receiving a Notice from LACMTA (or the relevant LACMTA Contractor (as applicable)) that the City failed to respond to a LACMTA Submittal within the relevant LACMTA Submittal Review Period, the City fails to respond to such LACMTA Submittal; or (b) the City has notified LACMTA (and the relevant LACMTA Contractor (as applicable)) that it approves such LACMTA Submittal.

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42 EXHIBIT 7 – CONSTRUCTION REQUIREMENTS

1. GENERAL REQUIREMENTS
(a) Any Construction work for any Rearrangements or the City Portion to be performed within the City Rights-of-Way shall be performed in accordance with:
(i) in the case of any Rearrangements, the approved Final Design (including any changes agreed under Section 3.6 (Changes to Design) of this Agreement; (ii) all Governmental Approvals, Applicable Law and, subject to Section 3.5 (City Standards) of this Agreement, the City Standards;
(iii) the schedule for such Construction work agreed under the relevant Work Order (if applicable) or otherwise under the Project Schedule; and
(iv) all other Construction requirements set out in this EXHIBIT 7 or otherwise under the provisions of this Agreement and any relevant Work Order (if applicable). (b) In conjunction with its contractors, LACMTA will be responsible for conducting public outreach to provide proper notifications to the affected communities prior to and during Construction complying with the approved final EIR/EIS documents.

2. EXTENDED WORKING HOURS
The Parties acknowledge that extended working hours (beyond the windows contemplated in the City's ordinances limiting work hours and including holiday or weekend working) may be necessary to facilitate Construction and operation of the City Portion. The Parties will agree such working hours following joint review of the schedule and activities to be carried out by LACMTA and the LACMTA Contractors. If a change is required to the agreed working hours, the Parties will negotiate in good faith to agree such change.

3. HAULAGE ROUTES
The Parties will agree haulage routes reasonably necessary to facilitate Construction and operation of the City Portion. If a change is required to an agreed haulage route, the Parties will negotiate in good faith to agree such change.

4. INTERRUPTIONS
(a) The Parties acknowledge that certain components of the work in the City Portion will require interruption of the City services. The Parties will agree a plan for any such interruptions and, subject to City approval of the plan, the City consents to scheduled interruption of services deemed necessary by LACMTA. LACMTA must provide the City prior Notice before the City services are interrupted. (b) LACMTA will notify affected parties, including residents, businesses, Council office, and other elected officials in advance of scheduled interruptions and will cooperate with the City to minimize interruption of the City services and resulting disruptions, provided that notification may be delayed where LACMTA is required to interrupt services in the event of emergency. Where the City determines that Temporary Facilities are necessary and appropriate, LACMTA shall accommodate this request.

5. CONSTRUCTION STAGING PLANS

5.1 General Requirements
(a) LACMTA or the LACMTA Contractors shall develop a construction staging plan ("Construction Staging Plan") for any Construction work to be performed within the City Rights-of-Way.

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43 (b) The City acknowledges that the Construction work to be performed by LACMTA or the LACMTA Contractors within the City Rights-of-Way is intended to be performed progressively under multiple contractual packages and the Construction Staging Plans described in this EXHIBIT 7 may, therefore, be prepared for each contractual package or for a portion of such Construction work. (c) A Construction Staging Plan shall provide, among other things, for:
(i) the handling of vehicular and pedestrian traffic on streets adjacent to the Construction with the Construction phasing showing street closures, detours, warning devices and other pertinent information specified on the plan (worksite traffic control plans); (ii) actions to maintain access to businesses adjacent to the Construction areas, as possible, and actions to ensure safe access and circulation for pedestrians and vehicular traffic as described in the worksite traffic control plans;
(iii) elements of public awareness as well as mechanisms to assist affected parties in complaint resolutions.
(d) The City understands that LACMTA requires flexibility in the execution of Construction phasing and traffic management planning during Construction, and agrees to impose only the minimum requirements for traffic management planning and Construction sequencing that are necessary in order to provide for public health and safety (including pedestrian and vehicular safety), and functionality (including public and business access and circulation).

5.2 Specific Requirements – Street Lighting Systems
LACMTA or the LACMTA Contractors shall develop street lighting Construction Staging Plans, which shall provide, among other things, for:
(a) the safety and security at night time of vehicular and pedestrian traffic on streets adjacent to Construction, with the street lighting Construction Staging Plans showing street closures, detours, lighting devices, circuit and power service connections, and other pertinent information; and (b) lighting levels to maintain safe access to businesses adjacent to the Construction areas, and to ensure safe circulation for pedestrian and vehicular traffic.

5.3 Specific Requirements – Traffic Management Plan
(a) LACMTA and the City may agree that a street, highway, bridge or the other City Rights-of-Way shall be temporarily or permanently closed for the necessity and convenience of the WSAB Project. If agreed to, a Traffic Management Plan must be developed and submitted by LACMTA or the LACMTA Contractors, which shall provide, among other things, for worksite traffic control plans, traffic circulation plans, and temporary traffic signal plans.
(b) WATCH Manual page references shall be acceptable as a form of traffic control plans and submittal. (c) The City’s traffic department staff involved in the review and approval process shall facilitate the City’s internal approvals regarding peak hour exemptions, holiday moratoriums, changes to existing parking restrictions in the work zone, night work, and noise variances.

5.4 Review and Implementation of Construction Staging Plans (a) LACMTA (or the relevant LACMTA Contractor (as applicable)) must submit each Construction Staging Plan to the City for review in accordance with EXHIBIT 6 (LACMTA Submittal Review Procedure).

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44 (b) LACMTA (or the relevant LACMTA Contractor (as applicable)) may update a Construction Staging Plan after it has been approved by the City and must promptly submit each updated Construction Staging Plan to the City for review in accordance with EXHIBIT 6 (LACMTA Submittal Review Procedure).
(c) LACMTA must, and must ensure that the LACMTA Contractors, implement and comply with each Construction Staging Plan which has been submitted to the City and which has been either approved (or deemed approved) under EXHIBIT 6 (LACMTA Submittal Review Procedure).

6. WORK IN STREETS

6.1 General Requirements
(a) The Parties acknowledge that the City has the duties of supervising, maintaining and controlling streets, highways, and the other City Rights-of-Way. Accordingly, LACMTA shall give the City 10 days' advance written Notice where Construction work is to be performed in the City Rights-of-Way. (b) LACMTA and the LACMTA Contractors shall take all appropriate actions to ensure safe performance of the Construction work within the City Rights-of-Way. The City reserves the right to stop work if public health and safety is or will be comprised by such work. (c) If LACMTA or a LACMTA Contractor fails to perform any Construction work within the City Rights-ofWay in accordance with the Final Design and/or Construction Staging Plans approved (or deemed approved) by the City under this Agreement then upon written Notice of the non-compliance from the City, LACMTA must cure or must ensure that the LACMTA Contractor cures, the non-compliance.

6.2 Traffic Control and Lighting
LACMTA must provide the City prior Notice before conducting the Traffic Control and Lighting Work that will result in an interruption to service of traffic control devices or lighting systems and LACMTA shall cooperate with the City to minimize such interruption.

6.3 City Communication Facilities
Construction of replacement conduit segments, inner ducts, and manholes that bypass the conflicting conduit segments shall be done prior to relocation of the communications cables. In addition, relocation/installation work of communications cables that carry live production traffic shall be scheduled during a maintenance window, in order to minimize system downtime and minimize the City network traffic disruption.

7. TEMPORARY AND PERMANENT STREET CLOSURES
Upon notification of a proposed temporary or permanent street closure, the City, as requested by LACMTA, shall initiate the appropriate proceedings and shall establish the necessary conditions for the closures.

8. TEMPORARY FACILITIES

8.1 LACMTA Facilities
Temporary Facilities may be necessary to facilitate Construction of the WSAB Project (including Rearrangements). LACMTA or its designee may use, without cost, lands owned or controlled by the City for any Construction related purpose, including, but not limited to, the erection and use of Temporary Facilities thereon; provided that, the City shall first approve in writing the availability, location and duration of the Temporary Facilities, with the City’s approval not to be unreasonably withheld. Upon completion of the related Construction and LACMTA’s determination that the Temporary Facilities no longer are needed, LACMTA shall remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless LACMTA and the City agree to some other arrangement.

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45 8.2 City Facilities
In the event that Temporary Facilities are necessary to effect a Rearrangement being constructed by the City, the City or its designee may use, without cost, lands owned or controlled by LACMTA for the purpose of using or erecting Temporary Facilities thereon; provided that, LACMTA shall first approve in writing the availability, location and duration of the Temporary Facilities. Upon completion of the Rearrangement in its permanent location, the City shall remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless the City and LACMTA agree to some other arrangement.

9. UNDERGROUND SERVICE ALERT
Prior to any commencement of underground work by either Party, an "Underground Service Alert" shall be notified in accordance with California law by such Party or its contractor.

10. ENVIRONMENTAL CONTROLS
All Construction work performed by the City or City Contractors pursuant to this Agreement shall comply with the environmental controls established by LACMTA in the LACMTA Contracts, including construction noise and vibration control, pollution controls, archaeological coordination and paleontological coordination.

11. SALVAGED MATERIALS
The Parties may agree to salvage certain materials belonging to the City during the course of Rearrangement.

If materials belonging to the City are to be reused, LACMTA’s contractor shall exercise reasonable care in removal and storage of such materials. Materials shall be inspected and stored until such time as the progress of work allows the reinstallation of such materials. Materials that are not to be reused in a Rearrangement, but which the City desires to reclaim, may be recovered by the City staff within an agreed time frame or shall be delivered by LACMTA to a location proximate to the salvage site and suitable to the City. Subject to acceptance by LACMTA, if materials removed by LACMTA are not reused and are not desired by the City, such materials shall become the property of LACMTA.

12. AS-BUILT DRAWINGS

12.1 LACMTA and the City shall each maintain a set of "as-built" plans of Rearrangements performed by LACMTA and the City, respectively, during Construction. Red line mark-ups for temporary lighting systems, traffic signal systems, and other the City Facilities shall be submitted to the City and LACMTA within 15 days after completion of Construction. All Design changes shall be documented on RFI/RFC forms. Upon completion of the Rearrangement work, the Party that performed the work shall furnish the other Party with reproducible "as-built" drawings showing all Replacement Facilities installed by the performing Party, within 75 days after completion of such work for each set of plans.

12.2 LACMTA and the City agree to provide the other with electronic files and full size paper hard copies of those final contract documents that they have prepared, or caused to be prepared, to govern the Construction of a given Rearrangement by their respective contractor so that each Party may compile a complete set of contract documents. Each Party shall prepare or cause to be prepared the contract documents for which it is responsible.

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46 EXHIBIT 8 – INSPECTION AND ACCEPTANCE PROCEDURE

1. INSPECTION DURING CONSTRUCTION

1.1 Each Party shall give the other Party at least 10 days' Notice prior to commencing a Rearrangement for which it is responsible to enable such other Party to make arrangements for inspection of such work.

1.2 Any Construction of Rearrangements performed by LACMTA (directly or through the LACMTA Contractors) under this Agreement shall be subject to inspection and final acceptance by the City provided that any such inspection carried out by the City (directly or through a City Contractor) shall be solely for the purposes of assessing whether the Construction work conforms with, subject to Section 3.5 (City Standards) of this Agreement, the City Standards. Such inspection services shall be authorized by LACMTA under a Work Order issued in accordance with Section 2.3 (Work Orders) of this Agreement. If City inspection services are authorized under a Work Order, the City shall (or must require that the relevant City Contractor):
(a) provide inspectors at LACMTA's cost as needed to comply with the schedule for such inspections set out in the Work Order;
(b) cooperate and coordinate with the LACMTA Representative and the LACMTA Contractors to observe and inspect any Rearrangements or new City Facilities so that upon completion of Construction, the City will have a basis for acceptance of the work;
(c) ensure that all City inspectors submit copies of daily written inspection reports to LACMTA, each within 48 hours after such inspection; and
(d) remove and replace any inspector seven days after LACMTA's reasonable written request.

1.3 Any Construction work performed by the City or a City Contractor pursuant to a Work Order agreed under the provisions of this Agreement shall be subject to LACMTA inspection and final acceptance.

1.4 If, in carrying out an inspection, a Party identifies Non-conforming Work, the Party must provide the other Party with immediate Notice with detailed reasons (and in any event, no later than 48 hours from discovery).

The Party that performed the relevant work must rectify any Non-conforming Work.

1.5 The City shall not have any inspection rights with respect to any structures or physical elements that are owned and maintained by LACMTA, a LACMTA Contractor, or a tenant or licensee of LACMTA.

2. ACCEPTANCE PROCEDURE

2.1 Promptly following completion of any Rearrangement, the Party that performed the Construction shall notify the other Party that the Rearrangement is ready for final inspection.

2.2 The final inspection shall be carried out within 10 days of receipt of a Notice under Section 2.1 (Acceptance Procedure) and within five days of the completion of the final inspection, the inspecting Party shall notify the other Party of any Non-conforming Work. If no Notice is received, the relevant work will be deemed accepted by the inspecting Party.

2.3 The City shall accept all Rearrangements that are in conformance with the City Standards.

3. INDEPENDENT ENGINEER
The City acknowledges and agrees that LACMTA may delegate its inspection and acceptance rights under this EXHIBIT 8 to an independent engineer appointed under the provisions of any LACMTA Contract.

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47 EXHIBIT 9 – OPERATION AND MAINTENANCE PRINCIPLES

1. PRIMARY RESPONSIBILITIES

1.1 LACMTA (directly or through the LACMTA Contractors, including in particular the P3 Developer) will be responsible for the operation and maintenance of the WSAB Project including the City Portion (and including maintenance of any low impact development water and storm drain mitigation measures constructed outside of the City Rights-of-Way as part of the WSAB Project and on the Project Site or otherwise on a LACMTAowned right of way).

1.2 The City (directly or through the City Contractors) will be responsible for:
(a) the maintenance of all City Facilities within the City Rights-of-Way including trees, gutters, sidewalks, ramps, streets, roadways, utilities, vaults, pull boxes, lights, signals, City loops, striping, signage, irrigation, bio swales and landscape;
(b) operation of the traffic signal system within the jurisdiction and control of the City; and (c) maintenance of all low impact development water and storm drain mitigation measures constructed within the City Rights-of-Way.

2. TRAFFIC SIGNALS
With respect to its responsibility for the operation of the traffic signal system within the jurisdiction and control of the City, the City shall work cooperatively with LACMTA to facilitate the safe and efficient operation of the City Portion. The City shall not modify the traffic signal model controller software on the City Portion without notification to and coordination with LACMTA.

3. MAINTENANCE OF THE CITY PORTION
LACMTA shall obtain appropriate permits from the City when performing maintenance work on or near the City streets and conform to all of the City's permitting requirements for the submittal, review, and approval of temporary traffic control plans, use of public rights-of-way, or any other activity requiring a permit or license in accordance with the City Use of Public Property Permit Process and Application and Requirements For Traffic Control Plans. All traffic control devices shall conform to accepted City practices and shall be installed and maintained in accordance to the California Manual on Uniform Traffic Control Devices. All City staff costs incurred for permitting such work shall be reimbursed by LACMTA through the Work Order process set forth in this Agreement.

4. UTILITY CONTRACTS
In the event the City enters into a contract with private utility companies such as Southern California Edison for the provision of electricity and/or the applicable water district for the provision of water supply in connection with the WSAB Project, LACMTA shall similarly procure separate license and cooperative agreements with such private utilities. Further, if the City owns and operates its own "power" department and the WSAB Project draws electricity from this source, then such agreements shall include a "power restoration" priority provision regarding outages resulting from emergencies whereby the WSAB Project and future operations shall be provided with the highest level priority consistent with other state-wide designated essential facilities.

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48 EXHIBIT 10 – FORMS
Part A: Form 60
Name of Offeror/Contractor/Utility Company (Name of
Preparer):

Scope of Work/Deliverable (provide expanded
description on Form 60 page 2)
Home office address
Division(s) and Locations where Work is to be performed LACMTA Solicitation/Proposal/Contract Number/Work Order/Change Notice and/or Change
Order Reference Number(s):

NOTE: For proper calculations of cost elements link additional sheets to this summary page.

1. Direct Labor Est.

Hours
Rate Per
Hour
Est. Cost TOTAL

2. 0.00 $0.00 $0.00

3. 0.00 $0.00 $0.00

4. 0.00 $0.00 $0.00

5. TOTAL DIRECT LABOR HOURS 0.00 TOTAL DIRECT LABOR $0.00

6. Labor Overhead (O/H) O/H Rate x Base Est. Cost

7. 0% $0.00

8. TOTAL LABOR OVERHEAD $0.00

9. Direct Material Est. Cost

10. a. Purchase Parts $0.00

11. b. Subcontracted items $0.00

12. c. Other $0.00

13. TOTAL DIRECT MATERIAL $0.00

14. Equipment Unit Cost Est. Cost

15. $0.00 $0.00

16. $0.00 $0.00

17. TOTAL EQUIPMENT $0.00

18. Subcontractors* Est. Cost

19. $0.00

20. $0.00

21. $0.00

22. TOTAL SUBCONTRACTORS $0.00

23. TOTAL BURDENED COST (add lines 5, 8, 13, 17 and 22) $0.00

24. Other Direct Costs Est. Cost

25. $0.00

26. $0.00

27. $0.00

28. TOTAL OTHER DIRECT COSTS $0.00

29. Travel Est. Cost

30. a. Transportation $0.00

31. b. Per Diem or Subsistence $0.00

32. TOTAL TRAVEL $0.00

33. General and Administrative
Expense
Rate % % x Line 23

34. 0% $0.00

35. TOTAL GENERAL AND ADMINISTRATIVE EXPENSE $0.00

36. TOTAL ESTIMATED COSTS (Total Lines 23, 28, 32 and 35) $0.00

37. Profit/Fee Total Labor and
Overhead
(line 5 + line 8)
Rate % % x Total Labor and Overhead

38. ` 0% $0.00

39. TOTAL FEE $0.00

40. TOTAL ESTIMATED PRICE (Total of Lines 36 and 39) $0.00

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49 41. Milestone
/Task
Number
Milestones/Tasks Hours Completion
Date
Payment Amount

42. $0.00

43. $0.00

44. $0.00

45. TOTAL MILESTONES/TASKS (Must equal line 40) $0.00
* Attach Form 60 for all proposed subcontractors performing work under Form 60 Prime Contractor where applicable. Transfer Est. Cost to this Section.

46. Fill in applicable sections only

47. Has any Agency of the United States Government, State government, local public agency or the Los Angeles County Metropolitan Transportation Authority (LACMTA) performed any review of your account or records, overhead rates and general and administrative rates in connection with any public prime contract or subcontract within the past twelve months? Yes No If yes, when? Reference Contract No.

48.a. Agency Name/Address 48.b. Individual to contact/Telephone Number

49. As required by LACMTA, firms not audited, as described above, shall submit financial data and calculations in sufficient detail to support all proposed direct costs and subcontractor costs.

50. The proposal reflects our estimates and/or actual costs as of the date and by submitting this proposal, Proposer/Consultant grants to LACMTA Contracting Officer and authorized representative(s) the right to examine, at any time before award, those records, which include books, documents, accounting procedures and practices, and other supporting data, regardless of type and form or whether such supporting information is specifically referenced or included in the proposal as the basis for pricing, that will permit an adequate evaluation of such cost or pricing data, along with the computations and projections used therein, for the purpose of verifying the cost or pricing data submitted. This right may also be exercised in connection with any negotiations/discussions prior to contract award or execution of contract modification.

51. CERTIFICATE
The labor rates and overhead costs are current and other estimated costs have been determined by generally accepted accounting principles. Proposer/Consultant represents: (a) that it has , has not , employed or retained any company or person (other than a full time bona fide employee working solely for the Proposer/Consultant) to solicit or secure a contract, and (b) that it has , has not , paid or agreed to pay to any company or person (other than a full time bona fide employee working solely for the Proposer/Consultant) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract, and agrees to information relating to (a) and (b) above, as requested by the Contracting Officer.

52. CERTIFICATE OF CURRENT COST OR PRICING DATA
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in Section 2.101 of the Federal Acquisition Regulations (FAR) and required under subsection 15.403-4) submitted, either actually or by specific identification in writing, to LACMTA's Contracting Officer or to LACMTA's Contracting Officer's representative in support of ______________________* are accurate, complete and current as of ________________________**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the Proposer/Consultant/Contractor and LACMTA that are a part of the proposal.

53. This proposal as submitted represents our best estimates and/or actual costs as of this date.

54. Type Name and Title of Authorized Representative Signature Date***

55. * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving appropriate identifying number (e.g. Information For Bid No., Work Order No., Request for Proposal No., Change Order No., Modification No., etc.)

56. ** Insert the day, month and year when price negotiations were concluded and price agreement was reached.

57. *** Insert the day, month and year of signing (i.e., When price negotiations were concluded and mutual agreement was reached on contract price).

Form 60 Attachments (Applicable if Box is checked)
Scope of Work Expanded Description for which Cost Estimate is based on:
1 2
3

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50 4
Schedule in which Scope of Work is based on:
1 2
3 4
The Non-Disclosure Agreement (NDA) provisions (as set out in the NDA between City and LACMTA) are applicable to the following Form 60-specific items:
1 2
3 4
Track Allocation Request for Metro active rail right-of-way encroachment is anticipated per stated Scope of Work. The following information is provided in advance to facilitate final Metro TAR approval:
1 2
3 4
FORM 60 IS SIGNED AND EXECUTED WITH THE FOLLOWING ADDITIONAL ASSUMPTIONS:
1 CITY AS-BUILT RESEARCH BY CITY FOR METRO PROJECTS IN THE PLANNING PHASE SHALL BE

TREATED AS PART OF LABOR OVERHEAD PORTION OF COST

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51 Part B: LACMTA “Potential Notice of Betterment” Form The Word file of the latest version of this form is available upon request from LACMTA’s assigned Third Party Administration (TPA) Representative.

Alternatively, a written memorandum on City’s letterhead may be submitted to the TPA Representative with the following required information:

1. Scope: Describe in detail with reference to applicable sections of this Master Cooperative Agreement, City Standards, and Applicable Law including any relevant codes.

Note the following common reasons for denial:
(a) Scope is not per agreed City Standards or a legal requirement. (b) Scope added after establishment of the applicable Basis of Design. (c) Scope is not endorsed by LACMTA as a WSAB Project requirement. (d) Scope is not identified in the EIR or amendments.

2. Detailed Justification: Why does City believe the scope is not a Betterment? Cite specific prior cases, exceptions under Applicable Law including any relevant codes, project-specific reasons, etc.

3. Cost Estimate: Use Metro Form 60 to provide a detailed cost breakdown as proposed for the Betterment in question.

4. City’s Agreement: City agrees that scope is a Betterment and provides separate funding. The source of funds must be specified, City approved financial documents supporting validity and timing of funds must be provided, and a determination regarding whether City will commit to provide adequate front funding for cash-flow must be made.

5. Signatures: The form shall provide a signature block with 2 signatures from City Representatives agreeing to the information provided.

6. LACMTA Signatures: The form signature block area shall provide for LACMTA to countersign with 2 LACMTA Representative signatures with checkboxes indicating whether the Betterment proposal is denied or approved.

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52 EXHIBIT 11 – GOVERNMENTAL AND LENDER REQUIREMENTS

1. AUDIT AND INSPECTION
The City shall comply with all financial record keeping, reporting and such other requirements as may be imposed as a condition to or requirement of funding obtained by LACMTA from third parties (provided that LACMTA gives reasonable Notice of such requirements to the City). The City shall permit the authorized representatives of LACMTA, the U.S. Department of Transportation, the Comptroller General of the United States, any other government agency, and/or financial institution providing funding or oversight on the WSAB Project to inspect, audit and copy, during normal business hours and upon reasonable notice, all cost and other relevant records relating to performance by the City, its contractors and subcontractors under any Work Order issued to the City for the WSAB Project or Rearrangements of the City Facilities related thereto, from the date of this Agreement through and until not less than three years after the date of termination or expiration of this Agreement, except (a) in the event of litigation or settlement of claims arising from performance of this Agreement, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto, and (b) such later date as is required by the rules and regulations of any such government agency or financial institution (provided LACMTA gives reasonable Notice of such later date to the City). Examination of a document or record on one occasion shall not preclude further examination of such document or record on subsequent occasions. By providing any of its records for examination pursuant to this EXHIBIT 11, the City represents and warrants that such records are accurate and complete.

The City further agrees to permit the Federal Transit Administration and its contractors access to sites of performance under this Agreement as reasonably may be required. The City shall insert into any contracts it enters into for the performance of work hereunder the above requirements and also a clause requiring the contractors (or consultants) to include the above requirements in any subcontracts or purchase orders. In the case of such contractors, consultants, subcontractors and suppliers, any records subject to the above requirements shall include, without limitation, any relevant records as to which a tax privilege might otherwise be asserted.

2. INTEREST OF MEMBERS OF CONGRESS
No members of or delegates to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

3. PROHIBITED INTERESTS
No member, officer or employee of LACMTA, or of a local public body, during his or her tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. To LACMTA’s and the City’s knowledge, no board member, officer or employee of LACMTA has any interest, whether contractual, non-contractual, financial or otherwise in this transaction, or in the business of the City; and if any such interest comes to the knowledge of either Party at any time, a full and complete disclosure of all such information will be made in writing to the other Party, even if such interest would not be considered a conflict under Article 4 of Division 4 (commencing with Section 1090) or Division 4.5 (commencing with Section 3690) of the Government Code of the State of California.

4. EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Parties shall not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, sexual orientation, national origin or disability. The Parties shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their age, race, religion, color, sex, sexual orientation, national origin, or disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

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53 5. DISADVANTAGED BUSINESS ENTERPRISE
In connection with the performance of this Agreement, the City will cooperate with LACMTA in meeting all applicable federal regulations with regard to the maximum utilization of disadvantaged business enterprises, and will use its best efforts to ensure that disadvantaged business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Agreement.

6. PRIOR APPROVAL
This Agreement and all amendments thereto are subject to U.S. Department of Transportation, Federal Transit Administration review and approval.

7. NON-DISCRIMINATION
Without limiting any other provision of this EXHIBIT 11, the City agrees to comply, and to cause all of its contractors who work on projects subject to this Agreement to comply, with all applicable non-discrimination laws, rules and regulations, whether imposed by federal, state or local authority.

8. BUY AMERICA
If the City performs any City Construction Work under a Work Order, the City must comply with 49 U.S.C. 5323(j) and 49 CFR Part 661 et seq., which provide that federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. If the City performs any City Construction Work under a Work Order, the City shall incorporate the Buy America conditions set forth in every contract or purchase order entered into with a City Contractor in respect of such City Construction Work and shall enforce such conditions.

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16401 Paramount Boulevard ▪ Paramount ▪ California 90723  (562) 663-6850  www.eco-rapid.org Eco-Rapid Transit, formerly
known as the Orangeline
Development Authority, is a joint
powers authority (JPA) created
to pursue development of a
transit system that moves as
rapidly as possible, uses grade
separation as appropriate, and is
environmentally friendly and
energy efficient. The system is
designed to enhance and
increase transportation options
for riders of this region utilizing
safe, advanced transit
technology to expand economic
growth that maximizes ridership
in Southern California.

The Authority is composed of the
following public agencies:

City of Artesia
City of Bell
City of Bell Gardens
City of Cerritos
City of Cudahy
City of Downey
City of Glendale
City of Huntington Park
City of Maywood
City of Paramount
City of South Gate
Burbank-Glendale-Pasadena
Airport Authority
Chair
Ali Sajjad Taj
Council Member
City of Artesia
Vice-Chair
Jose R. Gonzalez
Vice Mayor
City of Cudahy
Secretary
Alejandra Cortez
Councilmember
City of Bell Gardens
Treasurer
Isabel Aguayo
Vice Mayor
City of Paramount
Internal Auditor
Vacant
Executive Director
Michael R. Kodama
General Counsel
Matthew T. Summers
Ex-Officio
Ricardo Reyes
City Manager Representative
August 5, 2022
Chair Ara Najarian
Los Angeles County Metropolitan Transportation Authority Board of Directors
One Gateway Plaza
Los Angeles CA 90012
Chair Holly J. Mitchell
Los Angeles County Board of Supervisors
500 West Temple Street
Los Angeles CA 90012
Re: Eco-Rapid Transit’s Opposition to the Los Angeles County/Metro Proposed Land Banking Program Along the West Santa Ana Branch Corridor Unless Amended Dear Chair Najarian and Chair Mitchell,
The Eco-Rapid Transit Board of Directors, which represents the collective interests of eleven local municipalities and the Burbank-Glendale-Pasadena Airport Authority, writes you to express our opposition to the inclusion of the West Santa Ana Branch (WSAB) project as part of the land banking program as proposed by the Los Angeles County Board of Supervisors and the Los Angeles County Metropolitan Transportation Authority (Metro) Board without further consultation. Eco-Rapid Transit, formerly known as the Orangeline Development Authority, is a joint powers authority created to improve regional transportation throughout southeast Los Angeles County for the purpose of facilitating local economic development and revenue generation opportunities for underserved, mostly no-to-low property tax corridor cities.

Eco-Rapid Transit consists of the following twelve (12) member Agencies:

1. City of Artesia;

2. City of Bell;

3. City of Bell Gardens;

4. City of Cerritos;

5. City of Cudahy;

6. City of Downey;

7. City of Glendale;

8. City of Huntington Park;

9. City of Maywood;

10.City of Paramount;

11.City of South Gate; and

12.Burbank-Glendale-Pasadena Airport Authority.

In an effort to promote the use of the former Pacific Electric/Los Angeles Railway for regional transportation purposes, Eco-Rapid Transit has been working in good faith with the Metro Board and the County Board of Supervisors and their respective staff on the development of the West Santa Ana Branch Corridor project for nearly twenty (20) years, culminating in the recent approval of the WSAB project's Locally Attachment B Page 316 of 391

The Authority is composed of the
following public agencies:

Eco-Rapid Transit has been instrumental in obtaining local support for the WSAB project and has worked with Metro and its member agencies to present a "shovel ready" project to the Federal Transportation Administration (FTA) with the hope of receiving the required grant funding to complete the project. The WSAB project will bring transformative transportation and economic development opportunities, including housing, and much needed tax revenue and jobs generating commercial and hotel uses to Eco-Rapid Transit’s no-low property tax cities, which receive nearly two-thirds less property tax than most other Los Angeles County cities.

On June 14, 2022, the Los Angeles County Board of Supervisors approved a motion directing County departments to collaborate with Metro and other local agencies to draft a report detailing the steps necessary to create a pilot program for land banking properties under the guise of preventing land speculation and the gentrification of existing communities by way of facilitating the construction of highdensity low-income housing within corridor cities. At its June 23, 2022 meeting, the Metro Board voted to move forward with the pilot program in partnership with the County of Los Angeles to pursue land banking opportunities along the WSAB corridor and at proposed station locations without first consulting the affected corridor cities nor our communities.

The actions of the Metro Board and the Board of Supervisors are disheartening and only serve to reinforce the innate distrust many local municipalities have towards Metro and the County of Los Angeles. In an effort to protect local land use control and to prevent the continued erosion of local decision making by indirectly or unelected regional government agencies and the State of California, the Eco-Rapid Transit Board requests that the Metro Board and Board of Supervisors remove any reference to the WSAB project in the proposed land banking program. Absent significant further consultations and consent by each affected local community via each City Council, Eco-Rapid Transit member agencies stand united in their opposition to the proposed WSAB corridor land banking program.

As of now, Eco-Rapid Transit contends that all future reuse, zoning, and development decisions to be made along the WSAB corridor and/or around station locations should rest solely with the elected officials, city managers and professional staff, and residents as well as property and business owners of each respective community. For corridor cities to produce affordable housing in a sustainable, sensible, and responsible manner, it is imperative that land use decisions remain with the local municipalities with the objective of generating sufficient long-term revenue to cover the cost of mitigating the long-term impacts of the WSAB project and the provision of essential city services and sustainable infrastructure to support housing production and the influx of new residents, employees, and visitors.

Corridor cities are lawfully required to adopt State-certified housing elements that plan for significant amounts of new housing, at all income levels, in the corridor and station planning areas. The viability of these plans depend, in part, on ensuring the opportunity for these new residents to also work, recreate, and shop in our communities. To override the significant work that has gone into preparing housing elements for State-certification and the investments made by corridor cities to plan their respective station areas, comprised of residential, commercial, office and industrial uses that are designed to meet the unique needs of each community, is

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The Authority is composed of the
following public agencies:

According to the staff report for the Board of Supervisors and Metro motions, the intent behind the pilot partnership is to support existing affordable housing infrastructure and increase the stock of affordable housing within the County with a particular focus on areas along the Los Angeles River and the WSAB corridor.

However, this approach ignores the reality that the communities that make up EcoRapid Transit are comprised of fully developed no-low property tax cities that have little to no funding to sustainably support the provision of essential city services for existing residents, not to mention funding to support new residential developments and the influx of additional residents. Further, corridor cities represent some of the most densely populated communities in the United States and they possess a disproportionate amount of the region's low-income residents. Therefore, corridor cities are in need of local economic development and new revenue generating opportunities.

As the staff report for Metro’s motion notes, “[l]and banks are public organizations that acquire, hold, and manage land in order to remove land from the speculative market and reserve them for future uses.” However, reserving most of the land alongside the WSAB project, as Metro apparently proposes, will prevent each community from deciding how to best use this land in the future – thereby defeating the stated goal of the project. In order for the corridor cities to remain financially solvent in the future, they must have control over local land use decisions for revenue generating purposes. Through the selective and strategic reuse of property along the WSAB corridor and around station locations, corridor cities will be able to generate long-term revenue by facilitating the development of successful retailcommercial, office, industrial and hotel uses that generate sales tax, transient occupancy tax (TOT), ground-rent revenue and jobs. The conversion of existing under-developed and under-performing property to revenue generating uses is required to support housing development and fund the provision of essential city services for new residents.

While Eco-Rapid Transit’s communities have the same goal in mind as Metro following the Plan to Stay goals and the Board of Supervisors in preserving and strengthening affordable housing and preventing needless pure land speculation, and community displacement, we believe that our communities themselves, not the Board of Supervisors and not Metro should and do have the authority to decide what is the best use for land surrounding the West Santa Ana Branch Corridor project. Local control of the land best serves the needs of our communities as residents have the opportunity to have their voices heard at the lowest, most responsive level of government. Indeed, Eco-Rapid Transit’s members are in the midst of long-term processes to plan for their future housing needs, via each city’s updated housing element, and for their future housing, jobs, recreation, and broader economic development needs via their station and corridor area plans. To override these local plans would harm each city’s ability to meet its General Plan. More critically, it would continue the problematic practices of the past, when the county’s leadership dictated

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The Authority is composed of the
following public agencies:

We know that you are all intimately familiar with the communities that make up EcoRapid Transit and understand that these communities are incredibly dependent on public transit. We worry that land banking sites near proposed stations on the WSAB project will ultimately prevent cities from being able to financially support the construction of new housing at all income levels to meet their Regional Housing Needs Assessment Allocation (RHNA). For the 6th RHNA Cycle, which covers 2021 to 2029, the Southern California Association of Governments has assigned the Gateway Cities Council of Governments a total of 30,420 residential units. Achieving these goals will be unrealistic if the Cities that make up Gateway Cities Council of Governments, who are largely within Eco-Rapid Transit, are unable to adequately plan for their own futures. Similarly, Eco-Rapid Transit is worried that its constituent cities may not be able to complete, nor secure certification for, their housing elements if this proposal continues without adjustment, as land that would be potentially rezoned for affordable housing has been taken out of the cities’ control.

For these reasons, Eco-Rapid Transit strongly opposes the inclusion of the WSAB project as part of the land banking program as currently proposed.

Eco-Rapid Transit’s communities are dependent on tax revenue from local business to stay fiscally solvent and provide essential services to their residents. As was noted in a motion to establish a land bank for Los Angeles County, the COVID-19 pandemic has exacerbated Los Angeles County’s housing crisis, creating even more housing insecurity and economic instability. This economic instability extends to cities, which are facing an uncertain economic future with a potential recession on the horizon. If property along the WSAB corridor and around station locations were to be land banked by Metro and subsequently developed as high-density residential low-income housing, doing so would effectively limit the ability of corridor cities to generate longterm tax and/or ground rent revenue to support housing development and provide essential city services. This pilot proposal threatens to undermine the hard work that the corridor cities in southeast Los Angeles County have done to restore their respective communities following the devastating economic impacts brought about by the COVID-19 pandemic.

Eco-Rapid Transit is aware that Metro is applying for a $1 million FTA pilot program for Transit-Oriented Development (TOD) implementation. Eco-Rapid Transit has been informed that Metro intends to use the grant funding to support the WSAB Corridor cities with a range of grant opportunities for city-specific value capture analysis efforts and possible formation of tax increment finance districts to support the cities in implementation of the adopted TOD. Land Banking, as currently proposed will detrimentally affect implementation of the TOD plans as well as any Tax Increment Financing predictions. While Eco-Rapid Transit appreciates Metro’s support and will continue to work in good faith with Metro, Eco-Rapid Transit still opposes the land banking proposal as currently formulated, without city or community input and as it would ultimately defeat the goal of local TOD planning as well as the proposed grant.

The motion approved by the Metro Board of Directors calls for Metro staff to report back on all the motion’s directives in October 2022. We hope that when the Metro Board of Directors reconvenes to consider this motion that it takes into account EcoPage 319 of 391

The Authority is composed of the
following public agencies:

Additionally, no-low property tax corridor cities represent the most-dense, underserved and poorest communities in the County. For these reasons, corridor cities are in need of economic development and revenue generation opportunities in order to accommodate and sustain future residential development in their respective communities. The ability for corridor cities to generate new long-term revenue through the reuse of existing under-developed and under-performing property along the WSAB corridor and at station locations is absolutely necessary to support new residential development and the influx of any new residents. Eco-Rapid Transit strongly urges the County Supervisors and the Metro Board of Directors to drop this top-down, one-size-fits-all regional planning approach, and instead fund the development of TOD plans and infrastructure for each corridor city that allows for local input and includes a unique mix of land uses that generate the required revenue to support new residential development and residents in the future.

We understand that Land banking allows communities to repurpose blighted or abandoned properties to meet community and economic development needs.

However, any land banking proposal, effort or initiative in Southeast Los Angeles must be via a direct and meaningful partnership with those cities and communities most impacted. Anything less minimizes the leverage to support economic and transit-oriented development opportunities possible with the West Santa Ana Branch Line. Planning without the engagement of the communities and cities misses the very essence of Equity as well as the opportunity to develop sustainable communities with a balanced affordable, workforce and market rate housing and economic development strategies.

Sincerely,
Ali Sajjad Taj
Chair
Eco-Rapid Transit
cc:

LOS ANGELES COUNTY BOARD OF SUPERVISORS and

LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY BOARD OF

DIRECTORS

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The Authority is composed of the
following public agencies:

LOS ANGELES COUNTY BOARD OF SUPERVISORS
Supervisor Holly J. Mitchell, Chair
Supervisor Hilda L. Solis
Supervisor Sheila Kuehl
Supervisor Janice Hahn
Supervisor Kathryn Barger

LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY BOARD OF

DIRECTORS
The Honorable Ara Najarian, Chair
The Honorable Jacquelyn Dupont-Walker
The Honorable Kathryn Barger
The Honorable Mike Bonin
The Honorable James Butts
The Honorable Fernando Dutra
The Honorable Eric Garcetti
The Honorable Janice Hahn
The Honorable Paul Krekorian
The Honorable Sheila Kuehl
The Honorable Holly Mitchell
The Honorable Tim Sandoval
The Honorable Hilda L. Solis
Stephanie Wiggins, Chief Executive Officer
The Honorable Ali Saleh, President, Gateway Cities Council of Governments The Eco-Rapid Transit Board of Directors

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 1 of 2

STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
Subject: Approval of a Professional Services Agreement for Crossing Guard Services with All City Management Services

RECOMMENDATION
The City Council is requested to approve a Professional Services Agreement for Crossing Guard Services with All City Management Services through June 30, 2023, for a total not to exceed amount of $62,186.40.

BACKGROUND AND ANALYSIS

The current crossing guard agreement between the City and All City Management Services expired June 30, 2022, and therefore is in need of renewal.

On April 2022, ACMS submitted its billing rate for fiscal year 2022-23, at $28.79. Calculating for 2,160 projected hours on all school sites within Cudahy’s jurisdiction, the total not-to-exceed rate for FY 22-23 is $62,186.40. The increased rate was necessary to address labor shortages, and higher costs of living.

Approval of the item would ensure crossing guard services are not interrupted for FY 22-23. A cost breakdown is attached as exhibit A of the proposed agreement (Attachment A).

CONCLUSION
To ensure that crossing guard services are not interrupted for the new school year, city council is requested to approve this crossing guard services agreement with All City Management Services for FY 22-23.

Item Number
16D

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 2 of 2

FINANCIAL IMPACT
The agreement amount is $62,186.40 to be paid using General Funds already allocated in the FY 22-23 city budget.

ATTACHMENTS
A. Professional Services Agreement Between All City Management Services and City of Cudahy

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1 2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: School Pedestrian Crossing Guard Services) (Parties: All City Management Services and City of
Cudahy)
THIS 2022 PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 16th day of August, 2022 (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“City”) and All City Management Services Inc., (hereinafter, “Consultant”). The capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” shall refer to either City or Consultant interchangeably as appropriate.

RECITALS
THIS AGREEMENT is made and entered into with respect to the following facts:

WHEREAS, the City desires the following professional services: School Pedestrian Crossing Guard Services; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

COVENANTS AND CONDITIONS HEREIN CONTAINED, CITY AND CONSULTANT AGREE AS FOLLOWS:
.

PROJECT, SCOPE AND TERM OF SERVICES AND

COMPENSATION

1.1 SCOPE OF WORK: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit "A" (hereinafter referred to as the "Scope of Work"). Consultant further agrees to furnish to City all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall Attachment A Page 325 of 391
2 hereinafter be referred to generally by the capitalized term "Work." Consultant shall not commence with the performance of the Work until such time as City issues a written Notice to Proceed.

1.2 PROSECUTION OF WORK: The Parties agrees as follows:

A. Time is of the essence of this Agreement and each and every provision contained herein.

The Work shall commence on Effective Date, July 1, 2022 through June 30, 2023 (the "Completion Date"), subject to City Attorney concurrence; B. Consultant shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. Consultant shall cooperate with City and in no manner interfere with the work of City, its employees or other consultants, contractors or agents; C. Consultant shall not claim or be entitled to receive any compensation or damage because of the failure of
Consultant or its sub-consultants, to have related services or tasks completed in a timely manner;
D. Consultant shall at all times enforce strict discipline and good order among CONSULTANT's employees
E. Consultant, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.3 COMPENSATION:

A. Consultant shall perform the various services and tasks set forth in the Scope of Work in accordance with the compensation schedule which is included in Exhibit “A” as follows:

Bill Rate Year 2022-23: $28.79.

B. Section 1.3(A) notwithstanding, Consultant total compensation for the performance and completion of the Work shall not exceed the sum of SIXTY TWO THOUSAND ONE HUNDRED AND EIGHTY SIX DOLLARS AND FORTY CENTS ($62,186.40) (hereinafter, the "Not-to-Exceed Sum"). Consultant further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work, as further described in Exhibit “ A.”

1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum shall be paid to Consultant in monthly increments as the Work is completed. Following the conclusion of each calendar month, Consultant shall submit to City an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed. If the amount of Consultant 's monthly compensation is a function of hours worked by Consultant 's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at whichsuch services and taskswere performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold

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3 applicable taxes or other authorized deductions from payments made to Consultant.

1.5 ACCOUNTING RECORDS: Consultant shall maintain complete and accurate records with respect to all time and expenses covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event Consultant ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, Consultant shall deliver to City immediately and without delay, all materials, records and other work product prepared or obtained by Consultant in the performance of this Agreement. Furthermore, Consultant shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which City may incur as a result of Consultant’s cessation or abandonment.
.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The City hereby designates the City Manager (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or his designee shall act on behalf of the City for all purposes under this Agreement. Consultant shall not accept directions or orders from any person other than the City Representative or his designee.

2.2 CONSULTANT’S REPRESENTATIVE: Consultant hereby designates Baron Farwell to act as its representative for the performance of this Agreement (hereinafter, “Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. Consultant’s Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to Consultant’s Representative shall constitute notice to Consultant.

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4 2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

Consultant agrees to work closely with City staff in the performance of the Work and this Agreement and shall be available to City staff and the City Representatives at all reasonable times. All work prepared by Consultant shall be subject to inspection and approval by City Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: Consultant represents, acknowledges and agrees to the following:

A. Consultant shall perform all work skillfully, competently and in accordance with Generally Accepted Government Auditing Standards;
B. Consultant shall perform all work in a manner reasonably satisfactory to the City; C. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.);
D. Consultant understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance, Audit Services Planning Calendar which is under “Schedule” section of Exhibit “ A.” E. All of Consultant’s employees and agents (including but not limited to Consultant’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by Consultant; and
F. All of Consultant’s employees and agents (including but not limited to Consultant’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Consultant shall perform, at Consultant’s own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant’s employees, agents, contractors, subcontractors and subconsultants. Such effort by Consultant to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representatives in writing and at their absolute discretion. The Parties acknowledge and agree that City’s acceptance of any work performed by Consultant or on Consultant’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possesses the skills, training, knowledge and experience necessary to perform

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5 the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of Consultant are material to City’s willingness to enter into this Agreement. Accordingly, City has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by Consultant or on behalf of Consultant in the performance of this Agreement. In recognition of this interest, Consultant agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City. In the absence of City’s prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES: The Work shall be performed by Consultant or under Consultant’s strict supervision. Consultant will determine the means, methods and details of performing the Work subject to the requirements of this Agreement.

City retains Consultant on an independent contractor basis and not as an employee.

Consultant reserves the right to perform similar or different services for others during the term of this Agreement, provided such work does not unduly interfere with Consultant’s competent performance under this Agreement or result in the unauthorized disclosure of City’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of Consultant are not employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEE OR AGENTS: If any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to Consultant, a threat to persons or property, or if any of Consultant’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by Consultant and shall not be re-assigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: Consultant shall keep itself fully informed of and in compliance with all applicable laws, statutes, codes, rules, regulations and ordinances of the federal government of the United States of America, the State of California, the County of Los Angeles, and any other local governmental entity to the extent such laws, statutes, codes, rules, regulations or ordinances govern or affect the performance of the Work.

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6 2.9 SAFETY: Consultant shall perform its Work so as to avoid injury or damage to any person or property. In performing the Work, Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which any Work is to be performed.

2.10 NON-DISCRIMINATION: In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.11 INDEPENDENT CONTRACTOR: The Parties acknowledge, understand and agree that Consultant and all persons retained or employed by Consultant are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of City. Consultant shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. Consultant and all persons retained or employed by Consultant shall have no authority, express or implied, to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, City, whether by contract or otherwise, unless such authority is expressly conferred to Consultant under this Agreement or is otherwise expressly conferred by City in writing.
.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: As more specifically set forth below under this Article, Consultant agrees that it shall procure and maintain for the term of this Agreement (and for such extended period of time as may be required under this Article) insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

Consultant shall also procure and maintain such other types of insurance as may be required under this Article, below. City shall not, and shall be under no obligation to, issue a Notice to Proceed until Consultant has provided evidence satisfactory to City that it has procured all insurance required under this Article III (Insurance).

3.2 REQUIRED COVERAGES: Consultant agrees that it shall procure and maintain the following insurance coverage, at its own expense, for the duration for this Agreement or any extended period set forth herein:

A. Commercial General Liability Insurance: Consultant shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001). Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

The general aggregate limit of the CGL Coverage shall either apply separately to the work and services to be performed under this Agreement; or the general aggregate limit shall be twice the required occurrence limit;

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7 B. Automobile Liability Insurance: Consultant shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/Employer’s Liability Insurance: Consultant shall procure and maintain Workers’ Compensation Insurance affording coverage at least as broad as that required by the State of California with Employer’s Liability Insurance with minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. The Worker’s Compensation insurer shall also agree to waive all rights of subrogation against City and City’s elected and appointed officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy. Workers’ Compensation insurance shall also provide or be endorsed to provide: There will be no cancellation, suspension, reduction or voiding of coverage without thirty (30) calendar days prior written notice by certified mail, return receipt requested, to City. If any reduction of coverage occurs, Consultant shall furnish City with information regarding such reduction at Consultant’s earliest possible opportunity and in no case later than five (5) calendar days after Consultant is notified of the change in coverage. Any failure to comply with reporting or other provisions of the policy, including breaches of warrants, shall not affect the coverage provided to City and City’s elected or appointed officials, officers, employees, agents or volunteers.

3.3 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the City and City’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds. As to the CGL Coverage, the additional insured endorsement shall be made using Insurance Service Office form CG20 10 1185, CG 20 10 10 01 or CG 37 10 01.

3.4 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers licensed in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers, who according to the latest edition of the Best’s Insurance Guide have an A.M. Best’s rating of no less than A:VII. City may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide.

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8 3.5 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by Consultant shall be primary to any coverage available to the City, the City’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or selfinsurance maintained by the City or City’s elected or appointed officials, officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

3.6 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant or Consultant’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss.

Consultant hereby waives all rights of subrogation against City.

3.7 VERIFICATION OF COVERAGE: Consultant acknowledges, understands and agrees that City’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding the City’s financial well-being. Accordingly, Consultant warrants, represents and agrees that it shall furnish City with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to City in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates of insurance and endorsements shall be received and approved by City as a condition precedent to Consultant’s commencement of any work or any of the Work. Upon City’s written request, Consultant shall also provide City with certified copies of all required insurance policies as a condition precedent to the commencement of any work or any of the Work. City shall not, and shall be under no obligation to, issue a Notice to Proceed until Consultant fully complies with this Section.

The requirements of this Section cannot be waived and any attempted waiver shall be void, invalid and non-binding upon City.
.

INDEMNIFICATION

4.1 The Parties agree that City and City's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement (each a “Loss”). Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant ' s commitment to indemnify, defend and protect City as set forth herein.

4.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City lndemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole

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9 negligence or willful misconduct of the City.

4.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant 's failure to pay City promptly any indemnification arising under this Article and related to Consultant 's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

Notwithstanding anything to the contrary in this Article 4, however, in the event that a court or jury determines that liability with respect to any Loss was caused or contributed to by the negligent act, error, omission or willful misconduct of the City, or any of the City Indemnitees, liability will be apportioned between Consultant and the City with regard to such Loss based upon the parties’ respective degrees of culpability, as determined by the court or jury, and Consultant’s duty to indemnify the Consultant Indemnitees will be limited accordingly.

4.4 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor o r any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by duly qualified and competent counsel appointed by Consultant and reasonably acceptable to CITY.

4.5 City does not, and shall not; waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.6 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.
.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: City may, by giving thirty (30) days written notice to Consultant, terminate this Agreement for convenience and without cause by giving written notice to Consultant of such termination, which notice shall specify the effective

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10 date of such termination. Upon termination, Consultant shall be compensated only for the Work which has been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for breach of this Agreement. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data, as defined in Section

6.1 below, and other information of any kind prepared by Consultant in connection with the performance of the Work. Consultant shall be required to provide such documents and other information within fifteen (15) calendar days of the request. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, Work similar to that terminated.

5.2 DEFAULT, BREACH AND TERMINATION IN THE EVENT OF BREACH: In the event either Party fails to perform, or adhere to, any applicable duty, obligation or standard of conduct set forth under this Agreement (or fails to perform or adhere to any such duty, obligation or standard of conduct at the time, place or manner set forth in this Agreement), an event of default (hereinafter, “Event of Default”) shall have occurred. Except as otherwise provided in this Agreement, if an Event of Default remains uncured by the defaulting Party for a period in excess of fourteen (14) calendar days fromthe date upon which the non-defaulting Party issues notice of default (hereinafter, a “Default Notice”) to the defaulting Party, then the default shall constitute a breach of this Agreement. If a Party is in breach of this Agreement, the non-breaching Party may pursue any and all remedies available to it at law or in equity. If Consultant is in breach (whether or not such breach is caused by Consultant or Consultant’s officials, officers, employees, agents, contractors, subcontractors or subconsultants), City may, in its sole and absolute discretion (and without obligation), terminate this Agreement upon the issuance of five (5) calendar days’ prior written notice of termination on the grounds of breach (a “Breach-Termination Notice”). City’s ability to terminate this Agreement as provided in this Section shall be in addition to any other remedies City may have at law or in equity in the event of breach and shall not be in lieu of such other remedies.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.
.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of City without restriction or limitation upon their use or dissemination by City. For purposes of this Agreement, the

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11 term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of Consultant in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to City, a perpetual license for City to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. Consultant shall require all subcontractors and subconsultants working on behalf of Consultant in the performance of this Agreement to agree in writing that City shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by Consultant in the performance of this Agreement.

The working papers for this engagement are the property of Consultant. However, City acknowledges and grants its assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs and the U.S. General Accounting Office shall have access to the audit working papers upon their request; and that Consultant shall maintain the working papers for a period of at least seven (7) years after the date of the report, or for a longer period if Consultant is requested to do so by the cognizant or oversight agency. Access to requested work papers will be provided under the supervision of Consultant’s audit personnel and at a location designated by Consultant. Consultant will provide adequate advance notification to the City of any circumstance that require access to these work papers by any third party.

6.2 CONFIDENTIALITY: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input recorded data, written information, and other like information either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidentially by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Work; nor shall such materials be disclosed to any person or entity not connected with the performance of the Work.

Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

Consultant shall not use City’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

6.3 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

All City Management Services Inc., City of Cudahy
Attn: Baron Farwell, President Attn: Alfonso Noyola, City Manager 10440 Pioneer Blvd., Suite 5 5220 Santa Ana Street

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12 Santa Fe Springs,CA 90670 Cudahy, CA 90201
Phone: (800) 540-9290 Tel: (323) 773-5143, ext. 240
Fax: (323) 771-2072
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, fortyeight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.4 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.5 SUBCONTRACTING: Consultant may from time to time, and depending on the circumstances, use third-party service providers (including persons or entities outside the United States) in serving City account. Consultant may share confidential information about City with these service providers, but remain committed to maintaining the confidentiality and security of City information. Accordingly, Consultant shall maintain internal policies, procedures, and safeguards to protect the confidentiality of City personal information. In addition, Consultant shall secure confidentiality agreements with all service providers to maintain the confidentiality of City information and Consultant will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of City confidential information to others. In the event that Consultant is unable to secure an appropriate confidentiality agreement, City will be asked to provide consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, Consultant will remain responsible for the work provided by any such third-party service providers.

6.6 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: City reserves the right to employ other consultants in connection with the various projects worked upon by Consultant.

6.7 PROHIBITED INTERESTS: Consultant warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.8 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.9 FORCE MAJEURE: Any prevention, delay, nonperformance or stoppage due to any of the following causes shall excuse nonperformance for a period equal to such obligations

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13 imposed by this Agreement. The causes referred to above are strikes, walkouts, labor disputes, failure of power, irresistible superhuman cause, acts of public enemies of the State or United States, riots, insurrections, civil commotion, inability to obtain labor or material or reasonable substitutes for either, governmental restrictions or regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Agreement), casualties not contemplated by insurance provisions of this agreement, or other causes beyond the reasonable control of the party obligated to perform.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, whether legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or

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14 written, or entered into between City and Consultant prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to Consultant and the two remaining counterparts shall remain with the City for archiving and day-to-day reference by the department responsible for administering the Agreement on the City’s behalf. No handwritten or typewritten amendment, modification or supplement to any one counterpart shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above.
[SIGNATURE PAGE TO FOLLOW]

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15 IN WITNESS WHEREOF, as of the date first written above, the Parties evidence their agreement to the terms of this Agreement by signing below:

CITY:

CITY OF CUDAHY
By:

Alfonso Noyola, ICMA-CM
City Manager
APPROVED AS TO FORM:

CONSULTANT:

All City Management Services, LLC
By:

Name:

Title:

City Attorney

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1 EXHIBIT “A”
[SCOPE OF SERVICES]

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10440 Pioneer Blvd Suite 5Santa Fe Springs, Ca 90670310-202-8284800-540-9290FAX 310-202-8325 April 14, 2022
Richard Inglesias
Purchasing Officer
City of Cudahy
5220 Santa Ana Street Cudahy, CA 90201
Dear Richard Inglesias,
It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for providing School Crossing Guard Services through the 2022-2023 fiscal year.

As you may know hiring challenges have impacted all sectors of the labor market, across the nation.

Our workforce has been decimated, the number of sites that remained unstaffed in spite of our doubling down on ads, incentives and recruitment efforts has been frightening to say the least.

In our industry our workforce has historically maintained an average age of approximately 64 years old. Since COVID and as a direct result of the lives lost, the risk inherent with this age group and the fears still prevalent we’ve lost a significant portion of our workforce. The net effect has been a younger workforce that expects and demands wage rates higher than minimum wage. When we factor in a higher cost of living, the rising costs of gas with most Crossing Guards required to go back and forth to work 2, 3 or 4 times a day, the demand for higher wages is predictable.

Our plan as we enter the coming school year is to offer more competitive wages. This will mean significantly higher billing rates for most programs throughout the nation. To facilitate the calculation of the annual program cost we have developed and included with this letter a Client Worksheet. This Worksheet is our best estimation of the hours and cost of your program based on the current schedules and the proposed price increase.

While we remain committed to providing a safe, cost-effective and professional School Crossing Guard Program we hope you will find this new pricing acceptable. If you have any questions or need additional information, please contact me at (800) 540-9290. Take care.

Sincerely,
Baron Farwell,
General Manager

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All City Management Services Inc.

Billing Rate for 2022/2023: $28.79
KEY:
12 180 2160 $28.79 = $62,186.40
4 days/yr X Hourly Billing Rate
2160 $62,186.40
For sites with one regularly scheduled early release day/week, use 144 regular days and 36 minimum days For sites with no regularly scheduled early release days, use 180 regular days Traditional Calendar:

Sites with traditional calendar:

Sites at 3.0 hrs per day Total Hrs/day X
5220 Santa Ana Street
Cudahy, CA 90201

TOTAL PROJECTED HOURS TOTAL ANNUAL PROJECTED COST
Client Worksheet 2022 - 2023
Department: 1000501
City of Cudahy

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/02/2022 Page 1 of 2

STAFF REPORT
Date: August 2, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Appoint Board Members to the Planning Commission

RECOMMENDATION
The City Council is requested to review applications and appoint commission applicants to the Planning Commission.

BACKGROUND AND ANALYSIS
On May 17, 2022, City Council adopted Ordinance No. 722, amending Chapter 2.36 of Title 2, attached for reference.

In accordance with Ordinance No. 722, each Council Member shall appoint one commissioner to the Planning Commission. The appointed commissioner shall serve concurrently with the Council Member who appointed them.

On July 19, 2022, City Council appointed members to the Planning Commission. By majority vote, Planning Commissioner Gilbert Cuevas was temporarily appointed until a future commissioner is appointed to meet a full quorum on the Planning Commission.

CONCLUSION
Due to the recently adopted Ordinance, it is recommended Council Member Guerrero appoints an applicant to serve on the Planning Commission concurrent with his term of office.

Item Number
16E

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08/02/2022 Page 2 of 2

FINANCIAL IMPACT
There is no fiscal impact in the review and selection of commission appointees.

ATTACHMENT
A. Applications
B. Ordinance No. 722

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Attachment A Page 345 of 391

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ORDINANCE NO. 722

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUDAHY AMENDING CHAPTER 2.36 (PLANNING
COMMISSION) OF TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE CUDAHY MUNICIPAL CODE
WHEREAS, on September 7, 1982, the City Council for the City of Cudahy ("City Council") adopted Ordinance No. 290 establishing the Planning Commission in tht: City of Cudahy ("City"); and
WHEREAS, on November 1, 1993, the City Council adopted Ordinance No. 486, amending the organization of the Planning Commission; and WHEREAS, on February 7, 1994, the City Council adopted Ordinance No. 490, further amending the organization of the Planning Commission; and WHEREAS, on June 12, 2022, the City Council adopted Ordinance No. 578, once again amending the organization of the Planning Commission; and WHEREAS, Planning Commissioners provide a valuable service to the City by advising the City Council on numerous planning issues; and WHEREAS, on April 5, 2022, the City Council adopted Ordinance No. 719 amending Chapter 2.32 (City Commissioners) to ensure Commissioner qualifications, appointments, and terms are uniform for all Commissioners; and WHEREAS, the City Council wishes to update the Cudahy Municipal Code to ensure conformity among all commissions in the City, including the Planning Commission.

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

Section 1. The facts set forth in the recitals above are true and correct.

Section 2. Chapter 2.36.010 (Planning Commission) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code is hereby amended in its entirety to read as follows:
"2.36.010 Planning Commission.
(1) Creation of Commission. There is hereby created and established a planning commission for the city.
(2) Membership. The planning commission shall consist of five members.

Attachment B Page 356 of 391
Ordinance No. 722
(3) Organization. The planning commission shall annually, at its first meeting in May of each calendar year, elect a chairperson and chairperson pro tem from among its members. The chairperson pro tempore may use the title "vice chairman/person" instead of chairperson pro tempore upon informing the commission secretary of that choice. The commission shall appoint a secretary, who need not be a member of the commission.
(4) Powers and Duties. The planning commission shall have all the powers, rights, and duties provided and given to the city planning commission under the laws of the state. In addition to the powers, rights, and duties given by such laws, the commission shall have the following powers, rights, and duties without limitation to the powers given by the laws of the state:
a) To recommend to the council and other officers of the city plans for the regulation of the future growth, development, and beautification of the city, including public and private buildings and works, subdivisions, streets, parks, playgrounds, and unimproved real property;
b) To recommend to the council plans for the future growth and development of the city in order to provide proper and adequate public utilities, sanitation, and other commercial and residential services; c) To recommend to the council for approval or disapproval maps or plats for the division of real property within the city and to approve and recommend the annexation of real property to the city. All maps or plats of real property shall be submitted to the planning commission for approval or disapproval before any recommendation is made to the council thereon; d) To make suggestions and recommendations to the council from time to time concerning the future needs and growth of the city, including the location and development of public and private buildings, structures, and grounds, and to recommend from time to time, upon request, the locations, architectural design, and use of buildings, structures, or works owned or controlled by private parties to be erected or maintained in the city;
e) To recommend to the council or other public officers of the city the location, architectural design, and use of public buildings, structures, and works controlled by the city or other political subdivisions within the city and to recommend the adoption of building restrictions and ordinances or codes restricting the use of property in residential, industrial, commercial and other zones within the city;
f) To consider and make recommendations on any proposed ordinance or resolution referred to the commission by the council and to investigate, suggest, and make recommendations on any matter submitted to the commission by the city manager or council for consideration and

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Ordinance No. 722
recommendation; and
g) Any other powers and authority granted to the planning commission by the laws of the state.
(5) Advisory Members.
a) The Council may, by resolution, appoint advisory members to the planning commission, which members shall be selected from the offi,:;ers, employees, and elected officials of the city.
b) The term of each advisory member shall correspond to the member's term of office or term of employment with the city.
c) Each advisory member so appointed may designate an assistant or deputy to sit on the commission in the absence of the advisory member. d) Advisory members shall advise and consult with the commission and shall perform such other duties as may be prescribed by resolution of the council.
e) Advisory members sitting on the commission shall not be entitled to vote. (6) Appointed planning commissioners must adhere to all requirements and regulations set forth in CMG 2.32."
Section 3. CEQA. This Ordinance is not subject to CEQA under the general rule set forth in Section 15601(b)(3) of the CEQA Guidelines that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Section 4. Inconsistent Provisions. Any provision of the Cudahy Municipal Code, or appendices thereto, that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this Ordinance.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 6. Construction. This Ordinance is intended to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Cudahy Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it read prior to the adoption of this Ordinance, those amended provisions shall

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Ordinance No. 722
be construed as continuations of the earlier provisions and not as new enactments.

Section 7. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption.

This Ordinance shall become effective thirty (30) days after adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this 17th day of May 2022.

ATTEST:

City Clerk
Elizabeth A antar
Mayor

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Ordinance No. 722

STATE OF CALIFORNIA )

CERTIFICATION
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Ordinance No. 722 was introduced for a first reading on the 3 rd day of May 2022 and
approved for a second reading and adopted by said Council at its regular meeting held on the 17th day of May 2022 by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Lomeli, Gonzalez, and Alcantar
None
Lozoya, Guerrero
None

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 1 of 2

RECOMMENDATION
The City Council is requested to adopt proposed Resolution No. 22-50 dissolving the Public Safety Commission.

BACKGROUND/ANALYSIS
On June 1, 1999, the City Council adopted Resolution No. 99-15 establishing the Public Safety Commission (“Commission”). Subsequently, the City Council established the Public Safety Ad Hoc Committee. The Public Safety Ad Hoc Committee is responsible for recommending policies to the City related to public safety, similar to the purpose of the Commission. In an effort to avoid duplicative efforts the City Council wishes to dissolve the Commission and continue to allow the ad hoc committee be responsible for the recommendation of policies related to public safety.

CONCLUSION
Based on the foregoing, staff recommends that the City Council adopt proposed Resolution No. 22-50 dissolving the Public Safety Commission.

FINANCIAL IMPACT
There are no financial impacts anticipated by this requested action.

Item Number
16F

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ATTACHMENT
A. Resolution No. 22-50

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1 RESOLUTION NO. 22-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA DISSOLVING THE PUBLIC

SAFETY COMMISSION
WHEREAS, on June 1, 2022, the City Council adopted Resolution No. 99-15 establishing the Public Safety Commission.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The Cudahy City Council hereby repeals all previous resolutions regarding the composure of the Public Safety Commission.

SECTION 3. The Cudahy City Council hereby dissolves the Public Safety Commission in its entirety and relieves all Public Safety Commissioners of their duties.

SECTION 4. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at the regular meeting of this 16th day of August 2022. ______________________________
Elizabeth Alcantar
Mayor
ATTEST:
____________________________
Richard Iglesias
City Clerk
Attachment A Page 363 of 391
2 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-50 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 16th day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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Staff Report
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STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager
By: City Attorney’s Office
Subject: Adoption of Proposed Resolution No. 22-51 Establishing the Parks and Environmental Justice Commission, and Adopting the Objectives and Policies for the Parks and Environmental Justice Commission

RECOMMENDATION
The City Council is requested to adopt proposed Resolution No. 22-51 establishing the Parks and Environmental Justice Commission and adopting the Objectives and Policies for the Parks and Environmental Justice Commission.

BACKGROUND/ANALYSIS
On July 19, 2022, the City Council adopted Resolution No. 22-45 dissolving the Parks and Recreation Commission. The City Council wishes to establish the Parks and Environmental Justice Commission.

Parks and Recreations Commissioners provided a valuable service to the City by advising the City Council on the needs of the residents with regard to the parks and various recreation programs in the City. The City Council does not wish to prevent a commission from advising on issues related to the parks but would like to expand the subject, as such, the Council would like to establish the Parks and Environmental Justice Commission. The duties of the new commission include research and providing policy recommendations to the City Council regarding:
• Environmental issues in the community
• Promotion of environmental awareness
• The proper use of and care for parks and the natural environment Item Number
16G

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• Environmental policies and action in the areas of air quality, land use, water quality, waste management, flora and fauna and additional resourcessuch as water and energy, when applicable
In addition to establishing this new commission, the City Council wishes to establish the objectives and policies for the Commission, once passed and established the City Council will be able to review applications for Commissioners and appoint Commissioners to fill the empty seats.

CONCLUSION
Based on the foregoing, staff recommends that the City Council adopt proposed Resolution No. 22-51 establishing the objectives and policies for the Parks and Environmental Justice Commission.

FINANCIAL IMPACT
There are no financial impacts anticipated by this requested action.

ATTACHMENT
A. Resolution No. 22-51

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1 RESOLUTION NO. 22-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, ESTABLISHING THE PARKS

AND ENVIRONMENTAL JUSTICE COMMISSION, AND

ADOPTING THE OBJECTIVES AND POLICIES FOR THE

PARKS AND ENVIRONMENTAL JUSTICE COMMISSION
WHEREAS, on April 5, 2022, the City of Cudahy (“City”) adopted Ordinance No. 719, amending Chapter 2.32 (City Commissioners) of Title 2 (Administration and Personnel) of the Cudahy Municipal Code (“Municipal Code”); and WHEREAS, on July 19, 2022, the City adopted Resolution No. 22-45 dissolving the Parks and Recreations Commission.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF CUDAHY, CALIFORNIA, AS FOLLOWS:

SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by reference.

SECTION 2. The Cudahy City Council hereby establishes the Parks and Environmental Justice Commission.

SECTION 3. The Cudahy City Council hereby adopts the following City of Cudahy Parks and Environmental Justice Commission Objectives and Rules:
“CITY OF CUDAHY

PARKS AND ENVIRONMENTAL JUSTICE COMMISSION OBJECTIVES AND

POLICIES
I. Purpose and Duties
The Cudahy Parks and Environmental Justice Commission is established for the purpose of providing policy recommendations to the City Council on matters concerning parks and environmental justice throughout the City of Cudahy.

The Commission will research and provide policy recommendations to the City Council regarding:
• Environmental issues in the community
• Promotion of environmental awareness
• The proper use of and care for parks and the natural environment • Environmental policies and action in the areas of air quality, land use, water quality, waste management, flora and fauna and additional resources, such as water and energy, when applicable
Attachment A Page 367 of 391
2 II. Qualifications
Commissioners shall meet the qualifications set forth for all Commissioners in Chapter 2.32 of the Cudahy Municipal Code.

III. Appointment and Removal
Commissioners shall be appointed and removed pursuant to Chapter 2.32 of the Cudahy Municipal Code.

IV. Organization
The Commission shall elect its chairperson and vice chairperson from among its members for a term of one year and, subject to other provisions of law, may create and fill such other offices within its membership as it may determine are necessary and convenient. Such officers shall hold their respective positions and status at the pleasure of a majority of the Commission.

The Community Development Director or their designee will serve as the staff liaison. The City Clerk’s office will serve as the secretary for the Commission.

V. Absences
All Commissioners must abide by the “Absences” section of Chapter 2.32 of the Cudahy Municipal Code.

VI. Vacancies
All Commissioners must abide by the “Vacancy” section of Chapter 2.32 of the Cudahy Municipal Code.

VII. Rules and Regulations
All Commissioners must abide by the “Code of Conduct” section of Chapter 2.32 of the Cudahy Municipal Code.

Commissioners may pass resolutions adding rules in addition to Chapter 2.32 of the Cudahy Municipal Code but cannot remove any requirement from said chapter.

VIII. Meetings
Date and time of the meetings to be determined by a majority vote of the Commission but the Commission shall meet at last once a quarter.

Minutes for each meeting shall be made available for inspection approximately thirty (30) days after each meeting at the next scheduled meeting.

IX. Youth Appointee

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3 The Commission will have up to two (2) Youth Appointees, appointed by a majority of the Commissioners. The Youth Appointee will not have any voting rights or count towards the quorum. The Youth Appointee(s) will participate in meetings providing feedback and insight to the Commission.

X. Compensation
Commissioners shall be paid forty-five dollars ($45) per regularly scheduled monthly meeting, and the Chairman shall be paid fifty-five dollars ($55) per regularly scheduled monthly meeting.”
SECTION 4. This Resolution shall take effect immediately upon adoption. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof.

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4 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 22-51 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 16th day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 1 of 2

STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Designation of Voting Delegate and Alternatesfor the League of California Cities Annual Conference & Expo, September 7-9, 2022, in Long Beach, California

RECOMMENDATION
The City Council is requested to appoint a voting delegate and one or two alternates to represent the City at the 2022 League of California Cities Annual Conference Business Meeting on Friday, September 9, 2022, in Long Beach.

BACKGROUND
In June 2022, a letter was received from the League of California Cities requesting the City Council to designate a voting delegate and up to two voting alternates who will attend the League’s Annual Business Meeting.

ANALYSIS
The League of California Cities 2022 Annual Conference is scheduled for September 7-9, 2022, in Long Beach, California. The Annual Business Meeting will be held on Friday, September 9, at the Long Beach Convention Center. The current Council representative to the League of California Cities is Council Member Lomelí, and Mayor Alcantar is the alternate representative.

In order to cast a vote on matters pertaining to the League of California Cities policy, the League of California Cities has requested that the City Council take formal action to designate a voting delegate and up to two alternates at this time to submit those names to the league by its deadline of September 2, 2022.

Item Number
16H

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Staff Report
08/16/2022 Page 2 of 2

CONCLUSION
After appointing a delegate and alternate(s), the City Clerk will complete the 2022 Annual Conference Voting Delegate/Alternate Form and email it to the League of California Cities, affirming that the designation reflects the action taken by the Council.

FINANCIAL IMPACT
No financial impact.

ATTACHMENTS
A. League of California Cities Letter dated June 1, 2022 B. Annual Conference Voting Procedures
C. 2022 Annual Conference Voting Delegate/Alternate Form

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LEAGUE OF

CALIFORNIA
ctTtEs
Council Action Advised by August 31,2022
DATE: June 1, 2022
TO: Cily Monogers ond City Clerks
RE: DESIGNATION OF VOIING DETEGAIES AND ATTERNATES
leogue of Colifornio Cilies Annuol Conference & Expo - Seplember 7 -9,2022 Col Cities 2022 Annuol Conference & Expo is scheduled for September 7-9,2022in Long Beoch. An importont port of the Annuol Conference is the Annuol Business Meeting (during Generol Assembly) on Fridoy, September 9. At this meeting. Col Cities membership considers ond octs on resolutions thot estoblish Col Cities policy.

In order to vote ot the Annuol Business Meeting, your city council musl designote o voting delegote. Your city moy olso oppoint up to two ollernote voting delegotes, one of whom moy vote if the designoted voting delegote is unoble to serve in thot copocity.

Pleose complete lhe otloched Voting Delegote form ond relurn it lo Col Cities office no loler lhon Fridoy, September 2. This will ollow us lime lo esloblish voting delegole/olternole records prior to lhe conlerence.

Pleose view Col Cities' event ond meelinq policy in odvonce ol the conference.

Conference Registrolion Required. The voting delegote ond olternotes must be registered to ottend the conference. They need not register for the entire conference; they moy register for Fridoy only. Conference registrotion will open by June I on the Col Cilies website. ln order to cost o vote, of leost one voter must be present ot the Business Meeting ond in possession of the voting delegote cord. Voting delegotes ond olternotes need to pick up their conference bodges before signing in ond picking up the voting delegote cord ot ihe Voting Delegote Desk. This will enoble them to recelve the speciol sticker on their nome bodges thotwill odmit them into the voting oreo during the Business Meeting. l4OO K Streel. Suite 4OO. Socromenlo. CA 95814 . 916.658.8200 . colcities.org . Action by Council Required. Consistent with Col Cities bylows, o city's voting delegote ond up to two olternotes musi be deslgnoted by the clly council.

When completing the ottoched Voting Delegote form, pleose ottoch either o copv of the council resolution thot reflects the council oction token. or hove vour citv clerk or movor sion the form offirming thot the nomes provided ore those selected by the city council. Pleose note thot desionotino the volinq deleqote ond olternotes must be done by citv council ociion ond connot be occomplished by individuol oclion of the moyor or citv monooer olone.

Attachment A Page 373 of 391
LrAGU€ Or
EALIFOR'{IA
et?tEs
Tronsfening Voting Cord lo Non-Designoled lndividuols Nol Allowed. The voting delegoie cord moy be tronsferred freely between the voting delegote ond olternoies, but oniy between the voting delegote ond olternotes. lf the voting delegote ond olternotes find themselves unoble to ottend the Business Meeting, they moy not tronsfer the voting cord to onother ciiy officiol.

Seoling Prolocol during Generol Assembly. At the Business N4eeting, individuols with the voting cord will sit in o seporote oreo. Admissioh to this oreo will be limited to those individuols wlth o speciol sticker on their nome bodge identifying them os o voting delegole or olternote. lf the voting delegote ond olternotes wish to sit together, they must sign in at the Voting Delegcte Desk ond obloin the speciol stlcker on their bodges.

The Voting Delegote Desk, locoted in the conference registrotion oreo of the Long Beoch Convention Center, will be open ot the following times: Wednesdoy, Seplember Z, 8:00 o.m. - 6:00 p.m.; Thursdoy, September 8, 7:00 o.m. - 4:00 p.m.; ond Fridoy, September 9, Z:30 o.m.-'l 2:30 p.m. The Voting Delegote Desk will olso be open ot the Business Meeting on Fridoy, but will be closed during roll colls ond voting.

The voting procedures thot will be used ot the conference ore ottoched to this memo.

Pleose shore lhese procedures ond this memo wi.fh your council ond especiolly with lhe individuols thot your council designotes os your city's voting delegote ond olternotes.

Once ogoin, thonk you for completing the voling delegote ond olternote form ond returning it to Col Cities offlce by Fridoy, September 2. lf you hove questions, pleose coll Dorlo Yocub ot (91 6) 658-8254.

Attochments:
. Annuol Conference Voting Procedures
. Voting Delegote/Alternote Form
l:4OO K Streel, Suite 4OO, Socromento, CA 95814 . 916.6588200. cqlcilies.orq

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2 LEAGUE OF

CALIFORNIA
ctTtEs
Annuol Conference Voting Procedures
One City One Vole. Eoch member city hos o right to cost one vote on motters pertoining to Col Cities policy.

Designoling o City Voting Representotive. Prior to the Annuol Conference, eoch city council moy designote o voting delegote ond up to two olternotes; these individuols ore identified on the Voting Delegote Form provided to the Col Cities Credentiols Commiltee.

Signing lnilioted Resolulion Pelilions. Only those individuols who ore voting delegotes (or olternotes), ond who hove picked up their city's voting cord by providing o signoture to the Credentiols Committee ot the Voting Delegote Desk, moy sign petitions to initiote o resolution.

Voling. To cost the city's vote, o city officiol must hove in their possession the city's voting cord ond be registered with the Credentiols Committee. The voting cord moy be tronsferred freely between the voting delegote ond olternotes, but moy not be tronsfened to onother city officiol who is neither o voting delegote or olternote.

Voting Areo ol Business Meeling. At the Business Meeting, individuols with o voting cord will sit in o designoted oreo. Admission will be limited to those individuols with o speciol sticker on their nome bodge identifying them os o voting delegote or olternote.

Resolving Dispules. ln cose of dispute, the Credentiols Committee will determine the volidity of signotures on petitioned resolutions ond the right of o city officiol to vote ot the Business Meeting.
3 4
6 7
l4OO K Streel, Suite 4OO, Sacrqmento, CA 95414 . 915.65a.a2o0 . colcities:a,iO Registering with the Credentiols Commillee. The voting delegote, or olternotes, moy pick up the city's voling cord ot the Voting Delegote Desk in the conference registrotion oreo. Voting delegoles ond olternotes must sign in ot the Voting Delegote Desk. Here they will receive o speciol sticker on their nome bodge ond thus be odmitted to the voting oreo ot the Business Meeting.

5. Attachment B Page 375 of 391

LEAGUE OF

CALIFORNIA
ctTtEs
2022 ANNUAT CONTERENCE

VOTING DETEGATE/ATTERNATE TORM
Pleose complete lhis form ond relurn il lo Col Cilies office by Fridoy, Seplember 2. 2022. torms nol senl by this deodline moy be submitled to the Voling Delegole Desk locoled in lhe Annuol Conference Regislrolion Areo. Your city council moy designole one volino deleoote o d uo to lwo olternotes
Nome:

Title:

2. VOTING DETEGATE - ALTERNATE 3. VOTING DELEGATE . ATTERNATE Nome:

Title:

Nome:

Title:

AIACH COUNCII. RESOTUTION DESIGNATING VOTING DELEGATE AND ATTERNATES OR ATTEST: I offirm fhol lhe informolion provided reflects oclion by the cif councll lo designole lhe voling delegole ond ollernole(s).

Nome: Emoil
Moyor or City Cler Dote Phone
(circle one) (signoture)
Pleose complele ond relurn Fridov. Seolember 2. 2022 1o:

Dorlo Yocub, Assistont to the Administrotive Services Director E-moil: [email protected]; Phone: 191 61 658-8254
GITY.

To vote ot the Annuol Business Meeting (Generol Assembly), voting delegotes ond olternotes must be designoted by your city council. Pleose ottoch the council resolution os proof of designotion. As on olternotive, the Moyor or City Clerk moy sign this form, offirming thot the designotion ref lecis the oction token by the council.

Pleose note: Voting delegotes ond olternotes will be seoted in o seporote oreo of the Annuol Business Meeting. Admission to this designoled oreo will be limited to individuols (voting delegotes ond olternotes) who ore identified with o speciol sticker on their conference bodge. This sticker con be obtoined only ot the Voting Delegote Desk.

1. VOTING DELEGATE
Attachment C Page 376 of 391
“Serving The People” "Sirviendo A La Comunidad"
Staff Report
08/16/2022 Page 1 of 2

STAFF REPORT
Date: August 16, 2022
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Richard Iglesias, City Clerk
Subject: Consideration to Review and Approve the Strategic Plan 2022 to 2026

RECOMMENDATION
The City Council is requested to approve the Strategic Plan 2022 to 2026, which includes the City’s vision, goals, and strategies.

BACKGROUND

1. On September 7, 2021, the City Council approved Resolution No. 21-23 for an appropriation not to exceed fifty thousand dollars ($50,000) for the engagement of strategic planning consultant services.

2. On September 23, 2021, the City issued a Request for Proposals for strategic planning services.

3. On October 5, 2021, City Council approved a professional services agreement between the City of Cudahy and Management Partners for Strategic Plan and American Rescue Plan Act (ARPA) Services.

4. On May 10, 2022, at a City Council Special Meeting, Council provided suggestions and direction on the Strategic Plan and American Rescue Plan Act (ARPA) during the workshop.

5. On June 15, 2022, the City Manager emailed Council the final draft strategic plan.

ANALYSIS
The development of the Strategic Plan helps Council, City Manager, and staff outline the Item Number
16I

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Staff Report
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direction of the City to allocate resources for the coming years, creating a common understanding of the actions that need to be taken to achieve success in its attainment.

The Strategic Plan includes six goals that Management Partners worked with City Staff and Council to identify strategies to complete each goal. The goals are as follows:
• Community services (including programs and activities for all ages), • Social services,
• Housing security and affordability,
• Financial stability and transparency,
• City infrastructure and service delivery, and
• Communication and outreach.

CONCLUSION
Upon the City Council's approval of the Strategic Plan, the City Manager will ensure the City's vision, goals, and strategies are implemented over the next four years, and quarterly progress updates are provided.

FINANCIAL IMPACT

There is no direct financial impact associated with approving the Strategic Plan.

ATTACHMENTS
A. Strategic Plan 2022 to 2026

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z
Strategic Plan May 2022
Strategic Plan
2022 to 2026
Includes
Vision
Goals
Strategies

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z
Strategic Plan May 2022
Prepared for the City of Cudahy by Management Partners

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Strategic Plan May 2022
Table of Contents
Background and Context.................................................................................................................................1 Project Background........................................................................................................................................1 Planning Process ............................................................................................................................................1 Vision..................................................................................................................................................................2 Community Services, Programs and Activities for All Ages....................................................................3 Social Services ...................................................................................................................................................4 Housing Security and Affordability .............................................................................................................5 Financial Stability and Transparency...........................................................................................................6 City Infrastructure and Service Delivery .....................................................................................................7 Communication and Outreach.......................................................................................................................8 Conclusion .........................................................................................................................................................9

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Strategic Plan May 2022
This Page Purposely Left Blank

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Strategic Plan May 2022
Background and Context

Project Background
The last several years have been unprecedented due to the Covid-19 pandemic.

Determining the needs of the City as Cudahy emerges from that stressful period has made strategic planning more important than ever. Leaders in the City of Cudahy recognized the need to identify priorities and set goals for the next four years. These goals will guide work planning and, as importantly, identify spending priorities for American Rescue Plan Act (ARPA) funding. This Strategic Plan and accompanying Implementation Action Plan provide tools for both the City Council and City administrators to track and manage progress toward completion of the strategies associated with each goal.

Planning Process
In late 2021, Management Partners conducted individual interviews with Council members and key staff to hear their ideas about the future of Cudahy, understand some of the impacts from the Covid-19 pandemic, and discuss priorities for ARPA funding. Management Partners then developed a survey for community members and another survey for businesses. Both surveys were also offered in Spanish and deployed on the City’s website. A total of 993 residents responded to the community survey and 20 businesses answered the business survey.

The responses were used in preparation for a Council Strategic Planning Workshop held in May. The workshop included the Mayor, City Council members, and department directors. During the workshop, City leaders and staff worked together to discuss a vision statement and goals and strategies to guide the City into the year 2026 and beyond.

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Strategic Plan May 2022
Vision
A vision statement is a description of what an organization would like to achieve, accomplish, and aspire to in the long-term future, typically in 10 to 20 years. It is intended to serve as a clear guide for choosing current and future courses of action.

Vision
Cudahy is a vibrant, friendly, and resilient community
achieving our dreams
The Cudahy Community
There is much to love about Cudahy. Just some of the attributes that make it a warm, friendly community include the following:
• We have a small-town feel where people greet you when you walk by • Our small community is welcoming
• Some families have been here for generations and people know each other
• We are resilient and hopeful, and we believe that good things will happen here
• We are only one square mile, so we are a walkable city • We are open-minded and accepting of change
• Our community is approachable, responsive, engaged and active; we are willing to help
• Cudahy is having our day in the region
• Our staff enjoys working for Cudahy
• We take pride in our community
• We have many small businesses that are engaged and run by community members
We are pleased to acknowledge the past and build for the future.

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Strategic Plan May 2022
Strategies

1. Facilitate the ability to provide sports for Cudahy residents of all ages.

2. Explore the feasibility of providing adult sports leagues and/or making fields and facilities available for leagues.

3. Ensure parks are safe and clean.

4. Increase cultural programs and events to showcase the various backgrounds and cultures of the Cudahy community.

5. Pursue funding opportunities to assist Cudahy residents.

Community Services, Programs and
Activities for All Ages
Cudahy provides a wide range of activities and events for a thriving, GOAL
diverse, multi-generational community.

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Strategic Plan May 2022
Strategies

1. Partner with appropriate agencies to ensure Cudahy residents receive social services.

2. Pursue partnerships and develop memoranda of understanding (MOUs) to specify services to be provided and ensure
accountability.

3. Pursue grant opportunities as available to help residents with cash assistance or other needs.

4. Promote mental health wellbeing in the community through local partnerships.

5. Identify resources in the region and partner with other jurisdictions to support a regional approach to the delivery of social services.

Social Services
Cudahy works with local and regional partners to help ensure residents have access to mental health services, food and cash assistance and childcare, as needed.

GOAL
B

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Strategic Plan May 2022
Strategies

1. Increase the use of residential rehabilitation programs using Community Development Block Grant (CDBG) funds.

2. Increase home ownership among residents by helping them understand home ownership options.

3. Facilitate workshops to educate residents about tenant rights (e.g., “Know Your Rights” workshops).

4. Collaborate with the County and regional partners to address homelessness.

5. Analyze the costs and benefits of developing a rent stabilization program.

6. Analyze the feasibility of developing a Southeast Los Angeles Housing Trust.

7. Implement the City’s sixth cycle Housing Element and utilize the newly adopted Inclusionary Housing Ordinance to provide affordable housing opportunities.

GOAL
C
Housing Security and Affordability
Cudahy will help residents understand housing options, including methods to become home owners.

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Strategic Plan May 2022
Strategies

1. Develop materials to educate the community about the City’s budget, finances, spending, and investments.

2. Provide regular updates to the City Council and community about the City’s finances.

3. Develop a reserve policy that meets or exceeds best practices set by the Government Finance Officers Association (GFOA).

4. Ensure internal financial controls are in place and regularly monitored.

5. Implement an upgrade to the City’s financial software, which will help with transparency.

Financial Stability and Transparency
Cudahy sustains strong financial health and provides fiscal transparency during budget preparation and throughout
the fiscal year.

GOAL D

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Strategic Plan May 2022
Strategies

1. Ensure high-quality infrastructure to continue connectivity throughout the community.

2. Implement the City’s facility maintenance plan to ensure facilities and infrastructure are adequate and available in order to provide the desired services.

3. Complete the Capital Improvement Plan, which anticipates the capital needs of Cudahy over a five-year period.

4. Increase the Active Transportation Program to ensure regionwide transit and pedestrian connections.

5. Develop citywide design guidelines for the City of Cudahy

6. Implement the Smart Cities project.

7. Complete the Atlantic Avenue corridor project.

City Infrastructure and Service Delivery
Cudahy strives to provide safe, well maintained, and
sustainable facilities, while ensuring efficient and dependable infrastructure.

GOAL
E

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Strategic Plan May 2022
Strategies

1. Develop the Cudahy brand.

2. Create a sense of place and establish the community’s identity.

3. Use the Cudahy brand to provide visual identity of the City, including signage.

4. Identify methods to connect with community members,
including soliciting input on a regular basis.

5. Increase the City’s social media presence.

6. Explore opportunities for efficiency through insourcing and outsourcing.

7. Foster relationship building among residents.

Communication and Outreach
Cudahy effectively uses communication and education to
inform and engage our diverse community.

GOAL
F

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Strategic Plan May 2022
Conclusion
This Strategic Plan includes six goals to make
Cudahy stronger and begin to achieve the vision to
which the Council and staff aspire. The goals are
• Community services (including programs and
activities for all ages),
• Social services,
• Housing security and affordability,
• Financial stability and transparency,
• City infrastructure and service delivery, and
• Communication and outreach.

Throughout the next four years, Cudahy leaders and
staff will work to implement the goals and strategies
in the plan. Important next steps will include
preparing a thorough and detailed plan of
implementation based on priorities and the budget
needed to support the implementation plan
The Strategic Plan is meant to be a living document.

Therefore, the goals and strategies should be revisited regularly and updated as needed. As priorities change
or are adjusted over time, the plan should also reflect those changes.

Cudahy leaders and staff are committed to excellence
and transparency in providing services to the
community. This Strategic Plan demonstrates that
commitment.
2022 Cudahy City Council
Elizabeth Alcantar
Mayor
Jose R. González
Vice Mayor
Daisy Lomeli
Council Member
Jack Guerrero
Council Member
Blanca Lozoya
Council Member
Alfonso Noyola
City Manager

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Cudahy City CouncilAugust 16, 2022

Cudahy City Council
August 16, 2022