Cudahy City Council
April 2, 2024

AGENDA

A REGULAR MEETING

OF THE CUDAHY CITY COUNCIL
and JOINT MEETING of the
CITY OF CUDAHY AS SUCCESSOR AGENCY and HOUSING SUCCESSOR AGENCY

TO THE CUDAHY DEVELOPMENT COMMISSION
Tuesday, April 2, 2024 – 6:30 P.M.

Written materials distributed to the City Council within 72 hours of the City Council meeting shall be available for public inspection at www.cityofcudahy.com In compliance with the Americans with Disabilities Act (ADA) if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at (323) 773-5143 at least 72 hours in advance of the meeting.

Rules of Decorum
Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.)
Jose R. Gonzalez, Mayor
Elizabeth Alcantar, Vice Mayor
Martin U. Fuentes, Council Member
Cynthia Gonzalez, Council Member
Daisy Lomelí, Council Member
This meeting will be conducted in
person, telephonically, and
electronically.

Council Chambers/Bedwell Hall
5240 Santa Ana Street
Cudahy, CA 90201
Teleconference Phone Number:
1 (669) 900-6833
Meeting ID: 851 5707 5533
https://us06web.zoom.us/j/85157075533

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 2, 2024, at 6:30 P.M.

1. CALL TO ORDER

2. ROLL CALL
Council / Agency Member Fuentes
Council / Agency Member Gonzalez
Council / Agency Member Lomelí
Vice Mayor / Vice Chair Alcantar
Mayor / Chair Gonzalez

3. APPROVAL OF AGENDA

4. PLEDGE OF ALLEGIANCE

5. LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PRESENTATIONS
A. Gateway Cities Council of Governments, Executive Director De La Torre

7. PUBLIC COMMENTS
(Each member of the public may provide a public comment in person, telephonically or electronically.

In person participants must submit one comment card if they wish to address the City Council. Only speakers that submit a comment card within the first 20 minutes of the meeting will be permitted to speak. Remote participants may provide public comment by clicking the hand icon on Zoom or pressing star (*) nine (9) on the telephone, if they wish to address the City Council. Members of the public are permitted to speak for three (3) minutes concerning items under the City Council’s jurisdiction, including items on the council agenda.)
(Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403).)

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS (Each Council Member is limited to three minutes.)
(This is the time for the City Council / Agency to comment on any topics related to “City Business,” including announcements, reflections on city / regional events, response to public comments, suggested discussion topics for future council meetings, general concerns about particular city matters, questions to the staff, and directives to the staff (subject to approval / consent of the City Council majority members present, regarding staff directives). Each Council / Agency Member will be allowed

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 2, 2024, at 6:30 P.M.

to speak for a period not to exceed three (3) minutes. Notwithstanding the foregoing, the City Council Members shall not use this comment period for serial discussions or debate between members on City business matters not properly agendized. The City Attorney shall be responsible for regulating this aspect of the proceeding.)

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING, OR OTHER COMMITTEE

MEETINGS

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES (Consideration to waive full text reading of all Resolutions and Ordinances by single motion made at the start of each meeting, subject to the ability of the City Council / Agency to read the full text of selected resolutions and ordinances when the item is addressed by subsequent motion.) (COUNCIL / AGENCY)
Recommendation: Approve the Waiver of Full Reading of Resolutions and Ordinances.

12. CONSENT CALENDAR
(Items under the Consent Calendar are considered routine and will be enacted by one motion, prior to the vote to approve the Consent Calendar, each Council Member shall have a maximum of three (3) minutes to comment on the Consent Calendar as a whole. There will be no separate discussion of these items unless a Council / Agency Member so requests specific item(s) be removed from the Consent Calendar for separate action. Items may only be considered as a separate action if either (1) a Council Member must recuse themselves due to a conflict of interest or (2) a Council Member has specific questions for City Staff. Items called for separate discussion will be heard as the next order of business.) A. Consideration to Review and Approve the Draft Minutes of March 19, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission (page 7) Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for March 19, 2024.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 2, 2024, at 6:30 P.M.

13. PUBLIC HEARING
A. Adoption by First Reading of Ordinance No. 741 Amending Cudahy Municipal Code Section

10.04.020 (Vehicle Weight Limits) by adding Patata Street to the list of streets where vehicles exceeding 6,000 pounds are prohibited (page 17)
Presented by the Community Development Director
Recommendation: Staff recommends that the City Council take the following actions:

1. Open the public hearing and receive comments; and

2. Adopt by first reading Ordinance No. 741 (Attachment A), an amendment to the Cudahy Municipal Code (“CMC”) Section

10.04.020 (Vehicle Weight Limits) by adding Patata Street to the list of streets where vehicles exceeding 6,000 pounds are prohibited; and

3. Schedule a second reading of Ordinance No. 741 at the next regularly scheduled City Council meeting on April 16, 2024; and

4. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 150601(b)(3).

14. BUSINESS SESSION
A. Clara Park Renovations Project Presentation 100% Design (page 33) Presented by the Community Services Director
Recommendation: The City Council is requested to receive a presentation and provide feedback.

B. Cudahy Park Renovations Project Presentation 65% Design (page 53) Presented by the Community Services Director
Recommendation: The City Council is requested to receive a presentation and provide feedback.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 2, 2024, at 6:30 P.M.

C. Request to Enter into an Agreement with Nunez & Nunez Consultant (page 57) Presented by the Parks and Recreation Manager
Recommendation: The City Council is requested to authorize the City Manager to enter into an agreement with Nunez & Nunez Consulting Services, Inc. to provide camping trips to high school-age youth.

D. Request to Authorized the City Manager to Enter into an Agreement with RCX Sports, LLC (MLS GO) (page 77)
Presented by the Parks and Recreation Manager
Recommendation: The City Council is requested to authorize the City Manager to enter into an agreement with RCX Sports, LLC (MLS GO). To become an MLS Go Operator and allow the city to use the MLS logos for marketing purposes and the right to operate and manage the youth recreational program known as MLS GO.

E. Transtech Proposal for Public Works Oversight Services (page 111) Presented by the Community Development Director
Recommendation: The City Council is requested to authorize the City Manager to execute Transtech Proposal for Public Works Oversight Services.

F. Resolution to Oppose Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act (page 121)
Presented by the Director of Finance
Recommendation: The City Council is requested to adopt Resolution No. 24-07 opposing Initiative 21-0042A1, referred to as the “Taxpayer Protection and Government Accountability Act” (the “Measure”).

G. Discussion – November 5, 2024 Election, Parcel Assessment Ballot Initiative (page 131) Presented by the Director of Finance
Recommendation: The City Council is recommended to discuss and if necessary, provide direction to move forward with all requirements associated with adding a ballot initiative increasing the annual levies on the properties within the Lighting Assessment District in the November 5, 2024 election.

City of Cudahy
City Council and Successor Agency
Regular Meeting Agenda
April 2, 2024, at 6:30 P.M.

15. COUNCIL DISCUSSION – NONE

16. CLOSED SESSION
A. Conference with Legal Counsel Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code § 54956.9(d)(2) - One Matter

17. CLOSED SESSION ANNOUNCEMENT

18. ADJOURNMENT
I, Estefania Zamora, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City’s Website, City Hall, Clara Park, and Lugo Park not less than 72 hours prior to the meeting. A copy of said Agenda is on file in the City Clerk’sOffice.

Dated this 28h day of March 2024
Estefania Zamora
Assistant City Clerk

“Serving the People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 1 of 2

STAFF REPORT
Date: April 2, 2024
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 Draft Minutes of March 19, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission

RECOMMENDATION
The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for March 19, 2024.

BACKGROUND / ANALYSIS
On December 12, 2016, the City Council of the City of Cudahy adopted Resolution No. 16-38, approving the use of summary action minutes, meant to allow the City Clerk's Office to write the minutes in brief, assuring a record of Council's actions, due to having a recording of the full Council Meeting on the City’s website.

Historically
The Municipal Clerk is one of the oldest professions in government, dating back to 1272 A.D., originating in England. The record keeper then was called Remembrancer, an English official whose job was to remind the Lord Treasurer and Barons of Court, of business pending.

Years later, in the 1600s, when early colonists came to America, the office of the Clerk was one of the first offices to be established. Over the years, the City Clerk’s office has become the core for local government, and the liaison to the residents of the Community. The Municipal Clerk (City Clerk) is the record keeper of a City’s recorded history.

Item Number
12A

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Staff Report
04/02/2024 Page 2 of 2
William Bennett Munro, a Canadian historian, and political scientist, who taught at Harvard University and the California Institute of Technology, stated in one of his first textbooks written: “No other office in municipal service has so many contacts. It serves the Mayor, the City Council, the City Manager (when there is one), and all administrative departments, without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience.

The public does not realize how many loose ends of city administration this office pulls together.”
Moving forward to the present time, the City Clerk’s office today is generally responsible for keeping a record of City Council meetings; agreements; recordings of official documents; legal advertisements; municipal elections; commissions and committees current files; claims against the city; and other legal or official documents.

City Clerks are required to keep record of the proceedings (minutes) of Council meetings (Government Code Sections 36814 and 40801). Minutes are the official record of a meeting which provides a history of the Council’s decisions and actions.

CONCLUSION
The City Council is requested to approve the attached City Council / Agency Draft Minutes of the proceedings of March 19, 2024.

STRATEGIC PLAN CORRELATION
No correlation to the strategic plan.

FINANCIAL IMPACT
No Financial Impact.

ATTACHMENT
A. March 19, 2024, Draft Minutes
B. Resolution No. 16-38, approving the City Clerk’s use of Summary Action Minutes as the Official Record of the City Council proceedings.

City Council/Successor Agency Minutes of 3/19/2024` Page 1 of 5

MINUTES
CUDAHY CITY COUNCIL REGULAR MEETING and
CITY OF CUDAHY AS SUCCESSOR AGENCY and

HOUSING SUCCESSOR AGENCY TO THE CUDAHY

DEVELOPMENT COMMISSION JOINT MEETING
March 19, 2024, 6:30 P.M.

1. CALL TO ORDER
Mayor / Chair J. Gonzalez called the meeting to order at 6:35 p.m.

2. ROLL CALL
PRESENT: Council / Agency Member Martin Fuentes
Council / Agency Member Cynthia Gonzalez
Council / Agency Member Daisy Lomelí
Vice Mayor / Vice Chair Elizabeth Alcantar
Mayor / Chair Jose R. Gonzalez
ABSENT: None
ALSO PRESENT: City Manager, Alfonso Noyola, City Attorney, Stephanie Arechiga, Assistant City Attorney, Paloma McEvoy, City Clerk, Richard Iglesias, Assistant City Clerk, Estefania Zamora, Community Development Director, Juan Arauz, Finance Director, Joshua Calhoun, Community Services Director, Brenda Rodriguez, Public Works Director, Aaron Hernandez, Assistant to the City Manager, Johncito “John” Peraza, Executive Assistant, Janet Andrade, Building Official, Raul Diaz, Associate Planner, Kassandra Cornejo, Community Preservation Manager, Raul Mazariegos, Housing Specialist II, Lorena Cardenas, and Administrative Analyst, Lisette Gonzalez.

3. APPROVAL OF AGENDA
City Attorney Stephanie Arechiga requested the removal of both closed session items at this meeting.

Motion: Council Member Lomelí motioned to approve the agenda as is, seconded by Council Member Fuentes. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
Attachment A

City Council/Successor Agency Minutes of 3/19/2024` Page 2 of 5

4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Fuentes.

5. LAND ACKNOWLEDGEMENT
The Land Acknowledgment was led by Council Member Lomelí.

We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño-Tongva people. We show our respects to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

6. PUBLIC COMMENTS – NONE

7. PRESENTATIONS
A. City Clerk's Office Annual Report
B. Community Services Department Presentation on City’s Events Calendar

8. CITY COUNCIL COMMENTS / REQUESTS FOR AGENDA ITEMS
Council Member Fuentes shared his attendance at the Los Angeles County Sanitation District and spoke on the community clean-up collaboration with the City of Bell and Kiwanis.

Council Member C. Gonzalez commented on the Saturday clean-up event, recognized Angeles Por Siempre Unidos for always showing up, asked staff to look into Live Oak Street for overgrown grass, and for ordinances the city has for landlords to maintain their lawns, requested for an inventory of the city sidewalks, supported a mailer to be sent out to residents and requested to partner with City Clerk’s office to figure out how to use the compact for voter turnout in our schools.

Council Member Lomelí shared her attendance at the clean-up event and commented on the turnout, requested to thank and recognize Mr. Barber from Elizabeth Learning Center where they participated in a competition, praised Mr. Barber for his work, and requested a list of scholarships to be on the city website along with adding ELAC to the list of schools, announced the vacancy of her planning commission appointee, and wished everyone a great spring break.

Vice Mayor Alcantar announced the Gateway COG first regional job training opportunity seminar, ELC career fair, commended Mr. Barber, acknowledged Bell Gardens passing a cease-fire resolution, shared her participation at the SELA leaders meeting, Cudahy clean-up, shared her ideas of adding a small community bulletin to the new bus stops and

City Council/Successor Agency Minutes of 3/19/2024` Page 3 of 5 inside the buses, has heard concerns on the bus stops and would like to see the numbers of now and before.

Mayor J. Gonzalez mentioned a great job done over the weekend.

9. CITY MANAGER REPORT (information only)

10. REPORTS REGARDING AD HOC, ADVISORY, STANDING OR OTHER COMMITTEE MEETINGS – NONE

11. WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Council Member Lomelí motioned to waive full reading of resolutions and ordinances, seconded by Council Member C. Gonzalez. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None

12. CONSENT CALENDAR
A. Consideration to Review and Approve the Draft Minutes of March 5, 2024, for the Regular Meeting of the City Council and the Joint Meeting of the City of Cudahy as Successor Agency and Housing Successor Agency to the Cudahy Development Commission
Presented by the City Clerk
Recommendation: The City Council is requested to review and approve the City Council / Successor Agency Draft Minutes for March 5, 2024.

B. Approval of the Local Agency Investment Fund (LAIF) for the Month of February 2024 Presented by the Finance Director
Recommendation: The City Council is requested to approve the Local Agency Investment Fund (LAIF) Report for the month of February 2024 in the amount of $12,728,593.04.

C. Approval of the City Demands and Payroll Including Statement of Investment for the Month of February 2024
Presented by the Finance Director

City Council/Successor Agency Minutes of 3/19/2024` Page 4 of 5 Recommendation: The City Council is requested to approve the Demands and Payroll in the amount of $2,880,738.20 including the Statement of Investments for the month of February 2024.

Motion: Council Member Fuentes motioned to approve Consent Calendar items, seconded by Vice Mayor Alcantar. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None

13. PUBLIC HEARING – NONE

14. BUSINESS SESSION
A. Consideration to Approve the 2023 General Plan Annual Progress Report and Housing Element Annual Progress Report Required by the State of California, Reporting Period January 1, 2023 – December 31, 2023
Presented by the Associate Planner
Recommendation: City staff recommends that the City Council take the following action(s): Adopt Resolution No. 24-06 (Attachment A) approving the 2023 General Plan Annual Progress Report (APR); and Authorize staff to file the 2023 Annual Progress Report with the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD).

Motion: Council Member Fuentes motioned to adopt Resolution No. 24-06 approving the 2023 General Plan Annual Progress Report (APR); and Authorize staff to file the 2023 Annual Progress Report with the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD), seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
B. Permanent Local Housing Allocation (PLHA) Rental Assistance Program Presented by the Community Development Director
Recommendation: The City Council is requested to take the following action(s): Hear a presentation from City staff regarding the Rental Assistance Program; and Receive and file this report.

City Council/Successor Agency Minutes of 3/19/2024` Page 5 of 5 Motion: Vice Mayor Alcantar motioned to receive and file the Rental Assistance Program report, seconded by Council Member Lomelí. Motion passed 5-0 by the following roll call vote:

AYES: Fuentes, C. Gonzalez, Lomelí, Alcantar, and J. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None

16. CLOSED SESSION (ITEMS REMOVED FROM AGENDA)
A. Conference with Legal Counsel Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code § 54956.9(d)(2) - Two Matters

17. CLOSED SESSION ANNOUNCEMENT – NONE

18. ADJOURNMENT
The City Council / Agency meeting adjourned at 7:19 p.m.

Jose R. Gonzalez
Mayor
ATTEST:

Richard Iglesias
City Clerk

Attachment
B

Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2023 Page 1 of 6

STAFF REPORT
Date: April 2, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Juan Arauz, AICP, Community Development Director

Subject: Adoption by First Reading of Ordinance No. 741 Amending Cudahy Municipal Code Section 10.04.020 (Vehicle Weight Limits) by adding Patata Street to the list of streets where vehicles exceeding 6,000 pounds are prohibited.

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Open the public hearing and receive comments; and

2. Adopt by first reading Ordinance No. 741 (Attachment A), an amendment to the Cudahy Municipal Code (“CMC”) Section 10.04.020 (Vehicle Weight Limits) by adding Patata Street to the list of streets where vehicles exceeding 6,000 pounds are prohibited; and

3. Schedule a second reading of Ordinance No. 741 at the next regularly scheduled City Council meeting on April 16, 2024; and

4. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3).

BACKGROUND
Location
Patata Street is located at the southern boundary of the City limits between Atlantic Avenue to the west, Wilcox Avenue to the east, and a Union Pacific Railroad right-of-way to the south.

Within the City limits, Patata Street is approximately 1,150 feet long and 35 feet wide, and has two one-way lanes providing east-west vehicular movement. Patata Street is also improved with a four-foot wide pedestrian walkway on the northern boundary of the street. An aerial view of Patata Street is shown in Figure 1, below.

Item Number
13A

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Figure 1 - Patata Street Aerial
General Plan and Zoning
Properties along Patata Street are comprised of vacant parcels, warehouse buildings containing light industrial and commercial uses, and a commercial cannabis facility. Properties along Patata Street have General Plan Land Use and Zoning designations of Entertainment and Light Industrial.

These designations are shown in the image below.

Patata Street Zoning Designation
Under the General Plan Land Use Element and Title 20 of the CMC (“Zoning Code”), the Entertainment designation and corresponding zoning designation is intended to attract pedestrian oriented retail/commercial uses, and prohibits automotive maintenance and trucking related businesses. Specifically, the Entertainment designation is to provide opportunities for retail, theaters, restaurants, commercial recreation (bowling alley, skating rinks), gaming, dining, brew pubs and wineries, residential, lodging and similar business activities. City of Cudahy, 2040

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General Plan (“General Plan”), p. LUE-28. Prohibited uses include “stand alone residential, automotive maintenance and garages, light industrial, manufacturing, mini-storage, and trucking and transportation-related uses.” General Plan, p. LUE-28.

Pursuant to the General Plan, industrial designations, inclusive of the Light Industrial designation are intended to support a “range of manufacturing, research and development, start, and clean use opportunities” rather than support heavy manufacturing activities. General Plan, p. LUE-21.

The General Plan prohibits “uses that include heavy manufacturing, new warehousing and storage, new trucking and truck lots, and new freight/good storage as a primary use.” General Plan, p. 24.

Street Classification
In the road hierarchy there are generally three major classifications: arterial, collector, and local.

Arterial streets are major thoroughfares designed to carry large amounts of traffic, whereas collector streets are designed to carry traffic from local streets onto arterials, and local streets are designed to carry low volumes of traffic at lower speed limits. The Circulation Element of the General Plan classifies Patata Street as a local street.

ANALYSIS
Section 10.04.020(1) of the CMC prohibits vehicles in excess of 6,000 pounds from being used, operated, towed, driven across or parked properties to certain listed streets. Most of the streets listed is Section 10.04.020(1) are designated as local streets. City staff is recommending an amendment to Section 10.04.020(1) of the CMC that would prohibit vehicles in excess of 6,000 pounds on Patata Street. The reasons for this recommendation are described below.

General Plan
The General Plan Circulation Element classifies Patata Street as a local street. Local streets are found primarily in pedestrian-oriented downtowns and residential districts with narrow roads and lower vehicle speed limits. The intersection of Atlantic Avenue and Patata Street has a General Plan Land Use designation of Entertainment, which is intended for pedestrian-oriented commercial uses and prohibits heavy vehicle and truck related businesses. Prohibited uses in the Entertainment Land Use Designation include automotive maintenance and garages, light industrial, manufacturing, mini-storage and truck and transportation-related uses. Mixed-use developments containing residential units are also permitted in the Entertainment area. The posted speed limit on Patata Street is 35 miles per hour. Therefore, because the intersection of Patata Street and Atlantic Avenue has a Land Use designation of Entertainment, and pedestrianoriented commercial and mixed-use development is permitted in the Entertainment designation.

Further east on Patata Street, the properties adjacent to the street carry a Light Industrial Land Use designation, which prohibits heavy manufacturing activities, new warehousing and storage, new trucking and truck lots, and new freight/goods storage as a primary use. The prohibition of

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vehicles in excess of 6,000 pounds on Patata Street would be consistent with the City’s General Plan.

City Zoning Code
Section 20.20.020 (Use Regulations) of the CMC regulates the uses that are permitted, conditionally permitted, and prohibited within the Entertainment Zone. In the Entertainment Zone, uses permitted by-right include restaurants, art galleries, and residential dwellings (when part of a mixed-use development); whereas bars and breweries are conditionally permitted; and drive-throughs and vehicle storage are prohibited. In the Entertainment Zone, the CMC encourages pedestrian-oriented uses and prohibits businesses that rely on commercial trucks as part of their daily operations. Further, the Light Industrial zoning designation prohibits trucking terminals and other similar uses. Therefore, prohibiting vehicles in excess of 6,000 pounds on Patata Street is consistent with the CMC Section 20.20.020.

Proposed Truck Route
Presently, there are no licensed businesses on Patata Street that require daily use of heavy trucks.

Existing manufacturing facilities and businesses that are otherwise located in the in the near vicinity would be able to continue to access main thoroughfares, such as Atlantic Avenue, through Wilcox Avenue and Cecelia Street. This “truck route” would adequately serve the uses in the vicinity that rely on commercial trucks as part of their daily operations. Figure 2 below depicts the streets that could be utilized in lieu of Patata Street if the attached ordinance were adopted.

Aerial of Truck Route without Patata Street

Further, pursuant to State law, Section 10.04.030 (Exceptions) of the CMC provides an exception to allow vehicles in excess of 6,000 pounds to use any street for:
“…purpose of delivering materials to be used in the actual and bona fide conduct of a business located on such street or repair, alteration, remodeling, or construction…”

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This exception ensure that any business on Patata Street that requires the delivery of goods or mail to be serviced by vehicles in excess of 6,000 pounds. However, this exception does not apply to businesses that require use of heavy trucks as part of their daily business operations.

Therefore, prohibiting vehicles in excess of 6,000 pounds on Patata Street would leave an alternative truck route that would adequately serve uses in the vicinity.

Los Angeles Metropolitan Authority Regional Plan
The Los Angeles Metropolitan Authority (“LA Metro”) has been preparing for a new light rail transit line, the Southeast Gateway Line (previously, West Santa Ana Branch), that would connect southeast Los Angeles County to Downtown Los Angeles. This line would consist of nine new stations, a 14.5-mile segment connecting Artesia, Cerritos, Bellflower, Paramount, Downey, South Gate, Cudahy, Bell, Huntington Park, Vernon, unincorporated Florence-Firestone and Downtown LA.

One of the proposed Southeast Gateway Line stations is located on Atlantic Avenue, south of Patata Street in the City of South Gate. The image below shows a plan view of the location of this station, one block from Cudahy city limits.

Proposed Southeast Gateway Line Station in South Gate
In preparation for the proposed light rail line, LA Metro has consulted with various cities, including Cudahy, to help plan future development around the vicinity of the station locations.

LA Metro’s specific objective is to facilitate private and public improvements that would complement and encourage ridership on the new light rail line. Public improvements include enhanced pedestrian sidewalks, crossings, street furniture and landscaping. Private improvements include Transient Oriented Developments (e.g., mixed-use residential

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developments) and pedestrian-oriented retail/commercial uses. Therefore, the proposed ordinance would be harmonious with LA Metro’s regional plan for a future light rail station.

Peer Review
To support staff’s assessment and recommendation to prohibit vehicles in excess of 6,000 pounds on Patata Street, Fehr and Peers was retained to provide an independent review and technical memorandum (Attachment “B”). Specifically, Fehr & Peers evaluated the related chapters of the CMC, city ordinances and adopted plans. The technical memorandum states that the City may amend the CMC to restrict heavy vehicles on Patata Street, there are no conflicts with the CMC, the General Plan, and access to commercial properties is not unduly restricted for conducting local business.

In its memorandum, Fehr and Peers concludes that the City may proceed with modifying the CMC to prohibit vehicles in excess of 6,000 pounds on Patata Street. Fehr and Peers also recommends that, in doing so, complementary actions such as signage communicating turn and access restrictions for heavy vehicles, should be added along Atlantic Avenue, Patata Street and Wilcox Avenue.

CONCLUSION
Staff’s recommendation to prohibit vehicles in excess of 6,000 pounds on Patata Street would be consistent with the City’s General Plan and the CMC. Further, existing businesses in the vicinity would not be adversely affected since no business on Patata Street relies on heavy truck for its daily operations, and an alternative truck route is provided along Cecelia Street and Wilcox Avenue.

CEQA
The action(s) have been assessed in accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.), CEQA Guidelines (Cal, Code Regs., tit. 14, § 15000 et seq.) and the environmental regulations of the City. The Project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3). This exemption applies to where it can be seen with certainty that there is no possibility that that the activity in question may have a significant effect on the environment.

FINANCIAL IMPACT
None.

ATTACHMENTS
A. Proposed Ordinance No. 741
B. Fehr and Peers Technical Memorandum

ORDINANCE NO. 741

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF CUDAHY, CALIFORNIA AMENDING SECTION

10.04.020(1) (VEHICLE WIEGHT LIMITS) OF THE
CUDAHY MUNICIPAL CODE.

WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to the City’s power, the City may enact and enforce laws within its boundaries which promotes the public health, morals, safety, or general welfare of the community, and are not in conflict with the general laws; and WHEREAS, the City finds it necessary to amend the Cudahy Municipal Code (CMC) to add provisions that would prohibit specified large vehicles in consistent with the intent of the City’s General Plan through proposed Ordinance No. 741; and WHEREAS, the City’s General Plan Circulation Element designates Patata Street as a Local Street, and allowing vehicles in excess of 6,000 pounds on Patata Street is in conflict of the classification of a Local Street; and WHEREAS, the City’s General Plan Land Use Element has two designations for properties abutting Patata Street, Entertainment and Light Industrial; and WHERAS, both land use designations discourage and/or prohibit activities involving high-volume of truck traffic and other automotive uses such as new trucking and truck lots and automotive maintenance and garages; and WHEREAS, properties on Patata Street have Zoning designations of Entertainment and Light Industrial. Pursuant to CMC Section 20.20.020 (Use Regulations), uses involving high-volume truck traffic, including distribution centers and truck terminals, are prohibited; and
WHEREAS, CMC Section 10.04.020(1) (Vehicle Weight Limits) lists streets within the City where vehicles in excess of 6,000 pounds are prohibited; and WHEREAS, proposed Ordinance No. 741 would add Patata Street to the list of streets where vehicles in excess of 6,000 pounds are prohibited; and WHEREAS, the City Council conducted a duly noticed public hearing on this matter on April 2, 2024, wherein the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report and other pertinent documents regarding proposed Ordinance No. 741; and
Attachment A

Ordinance No. 741

WHEREAS, on April 2, 2024, the City Council for the City of Cudahy (“City Council”) adopted Ordinance No. 741 amending the CMC; and WHEREAS, adoption of this Ordinance would not adversely affect existing permitted businesses on Patata Street; and
WHEREAS, the City desires to bring Patata Street into compliance with the intent of the City’s General Plan and Municipal Code.

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. Section 10.04.020(1) is hereby amended by adding section

10.04.020(1)(k) to read as follows (unless otherwise noted, changes are shown in bold or strikethrough text):

Section 10.04.020 Vehicle Weight Limits.
(1) Notwithstanding the provisions of CMC 10.04.010, no vehicle exceeding 6,000 pounds in gross unladen weight, except a vehicle which is subject to the provisions of Section 1031 through 1036 of the California Public Utilities Code, may be used, operated, towed, driven on or across, or parked on property on or adjacent to the following streets:
(a) Live Oak, Elizabeth, Clara and Santa Ana Streets from the east city limits to the west city limits;
(b) Otis Street from the north city limits to the south city limits; (c) Cecelia Street from Wilcox Avenue to Ferndale Avenue; (d) The entire length of Ferndale Avenue;
(e) Cecelia Street and Fostoria Street from Ferndale Avenue to the east city limits;
(f) Wilcox Avenue from the north city limits to Cecelia Street; (g) Walnut Street from Otis Avenue to the west city limits; (h) Flower Street from Otis Avenue to the west city limits; (i) Hartle Street from Atlantic Avenue to Otis Avenue; and (j) Bear Avenue from the north city limits to Flower Street; and

Ordinance No. 741

(k) Patata Street from Atlantic Avenue to Wilcox Street.

Section 3. CEQA. This Ordinance has been assessed in accordance with the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.), CEQA Guidelines (Cal, Code Regs., tit. 14, § 15000 et seq.) and the environmental regulations of the City. Adoption of this Ordinance is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3). This exemption applies to where it can be seen with certainty that there is no possibility that that the activity in question may have 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 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 in full force and effect thirty (30) days after adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Cudahy this XXX day of XXXX 2024.
________________________________
Jose R. Gonzalez, Mayor
ATTEST:
_________________________________
Richard Iglesias, City Clerk

100 Oceangate | Suite 1425 | Long Beach, CA 90802 | (562) 294-5848 | www.fehrandpeers.com Draft Memorandum
Date: March 20, 2024
To: Juan Rodriguez, Aaron Hernandez-Torres, and Juan Arauz, City of Cudahy From: Miguel Núñez & Steven J Brown, PE
Subject: Review of City Documents for Patata Street Redesignation LB23-0092
This memo summarizes the City of Cudahy resources that were consulted and considered for the potential modification of the Patata Street vehicle weight limit in the City of Cudahy Municipal Code. Fehr & Peers conducted a review of the Municipal Code, city ordinances, and adopted City plans for the purposes of documenting considerations relevant to street redesignation on local roadways. The intent was to flag the benefit/need for the City to update the municipal code and/or local street designations. The potential trigger is based on considerations for changes in weight limits, street classification, land use, and site access.

City Document Review
This process was initiated by reviewing relevant Municipal Code, General Plan, and adopted plan text. The review focused on ordinances, Title 8 of the Municipal Code, and the Circulation Element of General Plan. Other sections, with less direct relevance were also reviewed including Titles 5 and 10 of the Municipal Code, other elements of the General Plan, and other definitions in the Municipal Code, such as a trucking terminal.

Title 8 of the Municipal Code includes the following sections:
 Section 8.16.020 Definitions:
o (12) “Commercial vehicle” shall mean any vehicle of a type required to be registered under the State of California Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit, or designed, used, or maintained primarily for the transportation of property or for other commercial purposes. Passenger vehicles that are not used for the transportation of persons for hire, compensation, or profit, house cars (motor homes), and vanpool vehicles are not commercial vehicles.

Attachment B

City of Cudahy
March 20, 2024

 Section 8.16.030 Prohibited Public Nuisance Conditions o 1(bb) Commercial vehicles or equipment placed, parked, or stored on any private real property that is located within a residential zone of the city or any other private real property used for residential purposes, except when the commercial vehicle is parked in connection with, and in the aid of, the performance of a service to or on the private real property where it is parked until such service is completed.
o 1(cc) Vehicles, construction equipment, or other machinery exceeding the permissible gross vehicle weight for the streets or public property upon which they are located. A nuisance also exists under this provision when a vehicle, construction equipment, or other machinery is stopped, kept, placed, parked, or stored on private real property and when such vehicle, equipment, or machinery exceeds the permissible gross vehicle weight for the streets or public property that were utilized in its placement on said private real property, unless pursuant to a valid permit issued by the city.
o (dd) Any equipment, machinery, or vehicle of any type or description that is designed, used, or maintained for construction-type activities that is kept, parked, placed, or stored on public or private real property, except when such item is being used during excavation, construction, or demolition operations at the site where said equipment, machinery, or vehicle is located pursuant to an active permit issued by the city.

Title 10 of the Municipal Code includes the following sections:
 Section 10.04.020 Vehicle Weight Limits:
o (1) Notwithstanding the provisions of CMC 10.04.010, no vehicle exceeding 6,000 pounds in gross unladen weight, except a vehicle which is subject to the provisions of Section 1031 through 1036 of the California Public Utilities Code, may be used, operated, towed, driven on or across, or parked on property on or adjacent to the following streets:
 (a) Live Oak, Elizabeth, Clara and Santa Ana Streets from the east city limits to the west city limits;
 (b) Otis Street from the north city limits to the south city limits;  (c) Cecelia Street from Wilcox Avenue to Ferndale Avenue;  (d) The entire length of Ferndale Avenue;
 (e) Cecelia Street and Fostoria Street from Ferndale Avenue to the east city limits;
 (f) Wilcox Avenue from the north city limits to Cecelia Street;  (g) Walnut Street from Otis Avenue to the west city limits;  (h) Flower Street from Otis Avenue to the west city limits;

City of Cudahy
March 20, 2024

 (i) Hartle Street from Atlantic Avenue to Otis Avenue; and  (j) Bear Avenue from the north city limits to Flower Street.  Section 10.04.030 Vehicle Weight Limits – Exceptions:
o Notwithstanding the provisions of CMC 10.04.010 and 10.04.020, the provisions of CMC 10.04.020 shall not be applicable to the use of the streets therein listed by a vehicle when it is necessary for a vehicle to travel over such streets for the purpose of delivering materials to be used in the actual and bona fide conduct of a business located on such street or repair, alteration, remodeling, or construction of any building or structure located upon such streets and for which a building permit has previously been obtained and is in full force and effect. The provisions of CMC 10.04.020 shall not be effective until appropriate signs have been erected. (Ord. 481 § 1. 2002 Code § 8-3).
 Section 20.88.210 T Definitions:
o “Trucking terminal” means a business engaged in the storage and distribution of goods and having an enclosed truck docking and warehousing facility that can accommodate the simultaneous loading or unloading of at least six heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds), but excluding trucking accessory to another industrial use on the site. (Ord. 720 § 10 (Att. 3), 2022; Ord. 690 § 4 (Exh. A), 2018).

The Circulation Element of the City of Cudahy General Plan includes the following on page CE-3:
 Roadway System:
o The Long Beach Freeway (I-710) runs just east of Cudahy. Florence Avenue provides direct access to I-710. This freeway is an important regional freight corridor, and the associated truck volumes impact traffic and air quality in Cudahy. The ability to widen streets to accommodate additional auto volumes is extraordinarily limited. Most streets are classified and built as two-lane streets with on-street parking. Additional vehicle capacity would require the removal of parking and/or the acquisition of property.
 Atlantic Avenue is the only major highway (arterial) in Cudahy (Exhibit CE-1)
 Otis Avenue, Salt Lake Avenue, Wilcox Avenue, Clara Street, and Santa Ana Street are classified as collector streets.
 Patata Street, Live Oak Street, and Cecelia Street, while they carry high volumes of cross-town traffic, are classified as local streets.

The Land Use Element of the City of Cudahy General Plan identifies land use and zoning designations throughout the City. Patata Street frontages include parcels in the entertainment district subdistrict and light industrial subdistrict. Figure 1 shows the City of Cudahy’s Planning Districts and underlying land use zoning designations.

City of Cudahy
March 20, 2024

Other relevant City of Cudahy documents that were reviewed are listed below. While they do not impact the street designation, they should be consulted if future physical improvements are considered for this roadway:
 Cudahy Green Streets Manual - The City's Green Streets Manual applies to new streets and/or street modification or improvement projects. The purpose of this manual is to provide recommendations and design standards to include green elements such as permeable paving and/or infiltration systems into new and/or existing streets.  Cudahy Low Impact Development (LID) Guidelines - Generally, LID guidelines provide a source of control for runoff, limit its transport and pollutant conveyance to the collection system for new and/or street rehabilitation projects.
 Cudahy Traffic Engineering Survey - This engineering survey provides the basis for the establishment, revision, and enforcement of speed limits for selected city streets (speed limits for 25 streets segments).

FIGURE 1 – CITY OF CUDAHY PLANNING DISTRICTS

City of Cudahy
March 20, 2024

Key Findings
The following are key findings based on the guiding City of Cudahy document sections cited above:
 Vehicles and commercial vehicles are subject to limits of the permissible gross vehicle weight for streets in Cudahy
 Per Section 10.04.020, notwithstanding the provisions of CMC 10.04.010, no vehicle exceeding 6,000 pounds in gross unladen weight may be used, operated, towed, driven on or across, or parked on property on or adjacent to the following streets:
o (a) Live Oak, Elizabeth, Clara and Santa Ana Streets from the east city limits to the west city limits;
o (b) Otis Street from the north city limits to the south city limits; o (c) Cecelia Street from Wilcox Avenue to Ferndale Avenue; o (d) The entire length of Ferndale Avenue;
o (e) Cecelia Street and Fostoria Street from Ferndale Avenue to the east city limits; o (f) Wilcox Avenue from the north city limits to Cecelia Street1; o (g) Walnut Street from Otis Avenue to the west city limits; o (h) Flower Street from Otis Avenue to the west city limits; o (i) Hartle Street from Atlantic Avenue to Otis Avenue; and o (j) Bear Avenue from the north city limits to Flower Street.  Section 10.04.030 offers exceptions to the above when it is necessary for a vehicle to travel over such streets for the purposes of delivering materials to be used in the actual and bona fide conduct of business located on such street or repair, alteration, remodeling, or construction of any building or structure located upon such streets and for which a building permit has previously been obtained and is in full force and effect.  Patata Street is classified as a local street by the Circulation Element in the General Plan.

The language above reflects the City’s regulations restricting the flow of heavy and/or commercial vehicles in residential zones and designated street segments, except where necessary to conduct permitted business activities. The City may amend segments listed in the Municipal Code restricting heavy vehicles to include Patata Street, provided it is consistent with other Municipal Code Sections and the General Plan, and access to commercial properties is not unduly restricted for conducting local business.
1 Emphasis added for Cecilia Street and Wilcox Avenue to show that restricted vehicle weights on nearby segments would preserve access to businesses located on Wilcox Avenue south of Cecilia Street and Cecilia Street between Wilcox Avenue and Atlantic Avenue.

City of Cudahy
March 20, 2024

Local Land Use and Future Area Vision
Access to Patata Street is provided via Atlantic Avenue or Wilcox Avenue. Properties on Atlantic Avenue and along Patata Street (for roughly 440 feet to the east of Atlantic Avenue) are zoned for entertainment uses and are currently vacant. The remaining approximately 720 feet of street frontage along Patata Street, from the entertainment uses to Wilcox Avenue, are designated as light industrial, and there are four active driveways serving existing businesses. City staff have reviewed the approved business licenses and operations and discussed the need for heavy trucks with local businesses at the sites accessed via Patata Street. Based on the permitted businesses and operations at these addresses, the use of vehicles exceeding 6,000 pounds in gross unladen weight is not required by the businesses being accessed via Patata Street and inconsistent with the future vision for the entertainment district land uses along Atlantic Avenue and Patata Street.

There are light industrial uses in the area that are serviced by heavy vehicles and their access points are accessible from Cecilia Street and Wilcox Avenue. Figure 2 shows the street network and local and uses that can be accessed without heavy vehicles traveling on Patata Street.

The zoning designations along Wilcox Avenue are residential for most of the street within Cudahy.

The designation is light industrial from Patata Street to the north ending roughly midway between Cecilia Street and Santa Ana Street. There are businesses operating along Cecilia Street and Wilcox Street, where heavy truck traffic is permitted and required for local business operations. Businesses located along these roadways can be accessed without traveling on Patata Street.

FIGURE 2 – PATATA STREET AND SURROUNDING ROADWAYS

City of Cudahy
March 20, 2024

Local Access and Circulation
As discussed in the prior sections, the City of Cudahy of Municipal Code informs which vehicles are allowed to travel on which streets based on weight or in pursuance to permitted local business activity. Accessing local business operations is a function of the roadway network and location of permitted land uses and their access points.

Currently, staff input has indicated that there is no business taking access from Patata Street that requires heavy vehicles in excess of 6,000 pounds. There are businesses located along Wilcox Avenue and Cecilia Street that do require heavy vehicles for permitted business operations and access to those existing and future business operations will be preserved via Cecilia Street and Wilcox Avenue.

Limitations Based on the Municipal Code and State Law
Per the City of Cudahy Municipal Code Sections cited above, the City can, and does, restrict commercial and heavy vehicles in residential areas and/or when not conducting permitted business operations. The City may not restrict truck traffic where it is necessary to conduct legitimate business activity.

Conclusion and Next Steps
The City’s regulations, in conjunction with considerations such as land use, business operations, and roadway network, all inform where it is deemed necessary or appropriate to allow heavy vehicles in order to minimize negative effects on the local community and support the realization of the entertainment district along Atlantic Avenue and Patata Street. Because existing businesses that require heavy trucks are accessible via Cecilia Street and Wilcox Avenue, where heavy truck circulation is allowed, a weight restriction on Patata Street is not anticipated to negatively impact local businesses and will help further limit the negative effects of heavy trucks on Patata Street.

Furthermore, the Municipal Code provides exceptions for heavy trucks that are required for permitted businesses along Patata Street. Accordingly, the City may consider adding Patata Street to the list of roadways restricting heavy truck traffic in Municipal Code Section 10.04.020. If the City proceeds with the modification of the weight restriction, complementary actions such as signage communicating turn and access restrictions for heavy vehicles, should be added along Atlantic Avenue and Patata Street. Signage could also be added to portions of Cecilia Street and Wilcox Avenue, where permitted, conveying that these are the designated routes for heavy trucks to access local businesses.

CLARA EXPANSION PARK

CUDAHY, CALIFORNIA
APRIL 2024
100% DESIGN DEVELOPMENT

2 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
EXISTING TREE PLAN 0 15 30 60
Existing Trees to be
removed 59
61 Existing Trees to remain
and be protected

3 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024

SHADE STUDY
Winter Solstice Summer Solstice
9 AM 9 AM
12 PM 12 PM
3 PM 3 PM

4 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
EXISTING SITE AMENITIES PLAN 0 15 30 60
380 LF
383 LF
775 LF
330 LF
QTY: 2
QTY: 4
QTY: 14
QTY: 4
TYP
Restroom /
Concession
Soccer field
Basketball
Courts
1 2 8
7 9
10 11
12 3
4 5
6 6 1
7 12
8 8
5 2 9
4 4
6 6
8 8
3 10
11 12 5
4 3
Perimeter Fence to remain - protect in place
Perimeter Fence to be replaced
Perimeter Fence privacy slats to be replaced
Entry Fence to be replaced
Entry Gate to be replaced
Existing high-mast light poles and
fixtures to remain
Existing park lights to be replaced
Existing Irrigation backflow to remain - protect in place Existing Transformer to remain - protect in place
Existing Basketball hoops to be replaced
Existing Irrigation POC to remain - protect in place
Existing Sport Court light posts to be
repainted - upgraded light fixture head
Legend
6 12

5 CLARA EXPANSION PARK LANLT - CITY OF CUDAHY
APRIL 2024
ENTRY
1 23
123

6 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024

FURNITURE
Palette 1
Perforated Metal
Sinus
Manufacture: mmcité
California
Manufacture: QCP
Vera
Manufacture: mmcité
Rautster
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Std. Picnic
Manufacture: QCP
Tably w/ Vera
Manufacture: mmcité
Prax
Manufacture: mmcité
Sedona
Manufacture: QCP
Palmetto Receptacle
Manufacture: Ultrasite
Benches Tables Trash Receptacle
Palette 2
Steel Rounds
Palette 3
Concrete

7 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024

SHADE STRUCTURE OPTIONS
Large Shelter
Small Shelter
Small Shelter Small Shelter
0 17.5 35 70
CoverWorx Arched shade structure
Watts Serenity Park Custom Shade Structure
Watts Serenity Park Custom Shade Structure
Restroom /
Concession

8 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
PAVEMENT COLOR 0 2.5 5 10
Streetbond colorized surfacing
NY Green
SR White
Cobalt Blue

9 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
FITNESS EQUIPMENT 0 2.5 5 10

PROPERTY LINE

PROPERTY LINE
PLAY AREA:
2-5 YEARS
PLAY AREA:
5-12 YEARS
SWINGS

MUSIC PLAY

WATER PLAY

PLANTING AREA

OBSERVATION
DECK

EMBANKMENT
SLIDES

PLANTING AREA

PLANTING AREA

PLANTING AREA

PICNIC AREA

ACTIVITY
LAWN

CONCESSIONS/

RESTROOMS
Accessible Chest Press
Cardio Walker
Captain’s Chair
Chin-Up Bar
1 2
3 4
3 2
1 4

10 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
PLAY EQUIPMENT: LANDSCAPE STRUCTURES

PROPERTY LINE

PROPERTY LINE
PLAY AREA:
2-5 YEARS

BASKETBALL

FITNESS
PLAY AREA:
5-12 YEARS
SWINGS

MUSIC PLAY

WATER PLAY PLANTING AREA

PLANTING AREA

OBSERVATION
DECK

EMBANKMENT
SLIDES

PLANTING AREA

PLANTING AREA

PLANTING AREA

PICNIC AREA

PICNIC AREA

ACTIVITY
LAWN

CONCESSIONS/

RESTROOMS
Playbooster 2-5 years
Playbooster 5-12 years
Embankment Slide options
Standard Swings
0 7.5 15 30

11 LANLT - CITY OF CUDAHY
APRIL 2024
CLARA EXPANSION PARK WATER PLAY: CARVED STONE AND P.I.P. CONCRETE 0 2.5 5 10

PLANTING AREA

PLANTING AREA

PLANTING AREA

WATER PLAY AREA

PLANTING AREA

OBSERVATION
DECK
SLOPED
WALK
Concrete Sculpted Water Play
Concrete Sculpted Water Play
Push Button

12 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
MUSIC PLAY 0 2.5 5 10

PICNIC AREA

WATER PLAY AREA
Chimes
Percussion Play - Chimes
Percussion Play - Drums
Drums

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RUNDELL ERNSTBERGER ASSOCIATE

EMBANKMENT
SLIDES
13 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
EMBANKMENT SLIDES 0 2.5 5 10

OBSERVATION
DECK

EMBANKMENT

SLIDE ROLLER
SLIDE
Roller Slide on Embankment
Concrete Embankment Slide

14 CLARA EXPANSION PARK LANLT - CITY OF CUDAHY
APRIL 2024

INTERPRETIVE SIGNS

15 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024
PLANTING IMAGES: TREES
Podocarpus gracilior African Fern Pine Quercus agrifolia Coast Live Oak Quercus Engelmannii Engelmann Oak Tabebuia impetiginosa Pink Trumpet Tree
Ulmus parvifolia ‘drake’ Drake Chinese Elm
Acacia baileyana ‘Purpurea’ Purple Leaf Acacia Cercis canadensis Forest Pansy Platanus racemosa Western Sycamore Platanus acerifolia ‘bloodgood’ London Plane ‘Blood Good’

16 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024

PLANTING SHRUBS
Muhlenbergia capillaris Pink Mully Salvia leucantha Santa Barbara Bush Sage Lomandra longifolia ‘Breeze’ Breeze Drawrf mat rush
Agave attenuata Foxtail Agave Carex tumulicola Foothill Sedge Lavandula stoechas Spanish Lavender Leucophyllum frutescens Texas Sage Verbene de la mina Lilac Verbena

17 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024

PLANTING SHRUBS
Achillea millefolium
Common Yarrow
Lavandula stoechas
Spanish Lavender
Artemisia ‘Powis Castle’
Wormwood
Leucophyllum frutescens ‘Compt’
Compact Texas Ranger
Arctostaphylos ‘John Dourley’
Dourley Manzanita
Muhlenbergia capillaris
Pink Muhly
Carex divulsa
Berkeley Sedge
Salvia ‘allen chickering’
Allan Chickering Sage
Baccharis pilularis ‘piegon point’
Pigeon Point Coyote Brush
Rhamnus californica ‘Little Sur’
Little Sur Coffeeberry
Cistus x purpureus
Purple Rock Rose
Pittosporum tenuif‘Silver Sheen’
Silver Sheen Kohuhu
Chondropetalum tectorum
Large Cape Rush
Westringia fruticosa ‘Smokey’
Coast Rosemary

18 CLARA EXPANSION PARK

LANLT - CITY OF CUDAHY
APRIL 2024

INDIGENOUS GARDEN
Achillea millefolium
Common Yarrow
Mimulus bifidus ‘White’
White Monkeyflower
Arctostaphylos ‘John Dourley’
Dourley Manzanita
Muhlenbergia rigens
Deergrass
Artemisia californica
California sagebrush
Rhus integrifolia
Lemonade Berry
Cercis occidentalis
Western Redbud
Salvia apiana
White Sage
Artemisia californica ‘Montara’
Montara sagebrush
Rhus Ovata
Sugar Bush
Eriogonum fasciculatum
Common Buckwheat
Salvia mellifera
Black Sage
Heteromeles arbutifolia
Toyon
Trichostema lanatum
Woolly Blue Curls

RENOVATE EXISTING

BALL FIELDS

PROPOSED TREES

PINK TRUMPET TREE

TABEBUIA IMPETIGINOSA

GOLDEN RAIN TREE

KOELREUTERIA PANIUCALATA
Landscape Architecture
Comprehensive
Innovative
Trusted
· IRRIGATION FOR PLANTING AREA ALONG THE PROPOSED PATHS WILL BE INCORPORATED TO THE EXISTING PARK IRRIGATION SYSTEM.THE

IRRIGATION SYSTEM WATER CONNECTION WILL BE SEPARATED FROM THE PARK BUILDINGS BY THE USE OF A BY-PASS SHUT-OFF VALVE.

IRRIGATION FOR PROPOSED PLANTING AREAS WILL BE DESIGNED TO

UTILIZE SUBTERRANEAN DRIP IRRIGATION SYSTEM IN COMPLIANCE WITH

THE LATEST STATE MANDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCES. · THE CONSTRUCTION OF BIO-SWALES WILL BE INSTALLED WHERE APPLICABLE TO THE PARK SITE. · ALL PROPOSED PLANTING SPECIES IN PROPOSED PLANTING AREAS WILL

BE SELECTED USING THE CALIFORNIA NATIVE, DROUGHT ADAPTIVE PLANTING PALETTE. THEY ALSO WILL BE SELECTED FOR THEIR COLOR, TEXTURE AND LOW MAINTENANCE REQUIREMENT. · ALL LANDSCAPE CONSTRUCTIONS SHALL COMPLY WITH THE CITY OF CUDAHY DESIGN GUIDELINES, CODES AND REGULATIONS.

PROPOSED SITE AMENITIES GENERAL NOTES
- BENCH LOCATIONS
- DRINKING FOUNTAINS
- LIGHTING FIXTURE LOCATIONS
- COURT LIGHT POLE LOCATION
-FLAG POLE LOCATION

PROPOSED SHADE

TREES - TYPICAL

RE-BUILD

EXISTING

BASKETBALL
COURT

AND NEW FENCING

PROPOSED

AMPHITHEATER
PROPOSED 10-FOOT RADIUS

CONCRETE PAD RESTING AREAS

WITH NEW BENCHES - TYPICAL

PROPOSED

BENCH WITH
BACK

AND ARMRESTS

NEW CHILDREN'S

PLAYGROUND

WITH LIGHTING FOR

NIGHT TIME USE DURING

REGULAR PARK HOURS

PROPOSED NEW SKATE

PARK EXPERIENCE WITH

ENCLOSED FENCING AND
GATES

ENCLOSED SPLASH PLAD

EQUIPMENT AREA

AND UNDERGROUND

STORAGE TANK

PROPOSED

SHADE SAILS
OVER

SPLASH PAD

PROPOSED
PICNIC
GAZEBO

PROPOSED SPLASH PAD

WITH ENCLOSED

FENCING AND GATES
PROPOSED 10-FOOT RADIUS

CONCRETE PAD RESTING AREAS

WITH NEW BENCHES - TYPICAL

RE-BUILD

EXISTING

TENNIS COURT

AND NEW FENCING

PROPOSED

OUTDOOR FITNESS AREA

WITH ENCLOSED

FENCING AND LIGHTING

FOR NIGHT TIME USE

DURING REGULAR PARK HOURS

NEW GATE

ENTRANCE

TO PARK

NEW BLEACHERS,

BACKSTOP, AND

PLAYERS BENCH

NEW BLEACHERS,

BACKSTOP, AND

PLAYERS BENCH

PROPOSED

STORAGE

FACILITY
20-FT X 30-FT

PROPOSED

BEDWELL

COURTYARD
WATER

FEATURE

COVENANT TO

RESTRICT USE AREA

PROPOSED T-MOBILE

ANTENNA ACCESS PATH

BIO-SWALE AREA
PROPOSED 8-FOOT HIGH
ART MURAL WALLDECORATIVE CONCRETE

MASONRY BLOCK
PROPOSED 8-FOOT WIDE

SEMI-PERMEABLE

CONCRETE SIDE WALK
(2) PROPOSED

FLAG POLES
SHEET 1 OF 3

CALIFORNIA NATIVE

GARDEN AND

BIO-SWALE AREAS
0 40 feet
1" = 20'-0"
20 60

CONCEPTUAL PLAN

PROPOSED NEW

COURT LIGHTING
3/12/2024
CUDAHY PARK - 5220 SANTA ANA STREET CUDAHY, CA 90201

RIVER ROAD

REPLACE CHAIN LINK

FABRIC ON EXISTING FENCE

EXISTING GATE ENTRANCE

TO PARK

EXISTING WALKWAY

CITY HALL

LIBRARY

BEDWELL
HALL

EXAMPLE OF WATER PLAY SPLASH PAD EXAMPLE OF CHILDREN'S PLAYGROUND WITH RECYCLED RUBBER SURFACING AND SHARED PICNIC TABLES

EXAMPLE OF PREFABRICATED AMPHITHEATER EXAMPLE OF PICNIC GAZEBO Landscape Architecture
Comprehensive
Innovative
Trusted

CONCEPTUAL PLAN PARK AMENITIES EXAMPLES

PROPOSED SHRUBS AND GROUND COVER
Aloe 'Blue Elf'
Blue Elf Aloe
Aloe striata
Coral Aloe
Dianella revoluta
Little rev
Parthenocisssus tricuspidata
Boston Ivy
Astericus maritimus
Gold Coin Daisy
Agave 'Blue flame'
Blue flame agave

EXAMPLE OF OUTDOOR FITNESS AREA

EXAMPLE OF COMMUNITY ART MURAL EXAMPLE OF WATER FEATURE AT BEDWELL COURTYARD 3/12/24 SHEET 2 OF 3
CUDAHY PARK - 5220 SANTA ANA STREET CUDAHY, CA 90201

Landscape Architecture
Comprehensive
Innovative
Trusted

SIMILAR DESIGN ELEMENTS
3/12/2024 SHEET 3 OF 3

CONCEPTUAL PLAN FOR INGROUND SKATE PARK
CUDAHY PARK - 5220 SANTA ANA STREET CUDAHY, CA 90201

Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 1 of 2

STAFF REPORT
Date: April 2, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Victor Maria Santiago, Parks and Recreation Manager Subject: Request to Enter Into an Agreement With Nunez & Nunez Consultant

RECOMMENDATION
The City Council is requested to authorize the City Manager to enter into an agreement with Nunez & Nunez Consulting Services, Inc. to provide camping trips to high school-age youth.

BACKGROUND

1. On November 29, 2023, the Parks and Recreation Manager met with Brianna Gorton, the Watershed Conservation Authority's project manager, to discuss the Community Connections to Wildlands Program.

2. On March 6, 2024, a presentation by Nathan K. Nunez, Chief Executive Officer for Nunez & Nunez, was presented to the Parks and Recreation Manager, explaining the Community Connections to Wildlands Program in detail.

3. On March 18, 2024, A discussion was held with Mr. Nunez, Ms. Gorton, the Parks and Recreation Manager, and the Community Services Director to finalize an agreement between the City and Nunez & Nunez.

ANALYSIS
Nunez & Nunez Consulting Services, Inc. (NNCS) is an organizational and community development consulting firm that works to bring nature back into our communities by fostering sustainable community-led nature initiatives, transformative outdoor programs, and enhanced green space access for the holistic well-being of our urban communities.

On March 9, 2023, the Watershed Conservation Authority (WCA) accepted funding in the amount of $7,000,000 from the Rivers and Mountains Conservancy for the management of the Community Connections to Wildlands (CCtoW) project for Southeast Los Angeles youth, which Item Number
14C

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Staff Report
04/02/2024 Page 2 of 2

then hired NNCS to oversee the management of the program.

Camp Details:
• Cost covered – Overnight tent camping (2 days)
• Youth 14-18 years old
• 3 field instructors (4:1 ratio)
• Maximum 12 campers per trip
• From May to November (10 total trips)
• Location: Angeles National Forest
• All gear, food & transportation provided.

NNCS staff and field instructors share over 40 years of experience working with diverse youth as coaches, educators, and outdoor instructors. Having led well over 100 camping, backpacking, and day hikes, the NNCS instructors understand trip safety, planning, coordination, and implementation. The NNCS team has advanced certifications such as level 2 AHSI instructors, wilderness first responders, and leave no trace master educators.

CONCLUSION
If the City Council grants approval for the authorization, the City stands to gain significant advantages through the implementation of a commendable program tailored to serve the SELA community.

STRATEGIC PLAN CORRELATION
Goal A (Community Services), Objective:

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

FINANCIAL IMPACT
The CCtoW program will be at no cost to the City and community. All costs associated with and incurred with the CCtoW are covered by the WCA through a contractual partnership with the Organization.

ATTACHMENTS
A. Draft letter of agreement (LOA)
B. Nunez & Nunez PPT

LETTER OF AGREEMENT

BETWEEN THE CITY OF CUDAHY AND
NUNEZ & NUNEZ CONSULTING SERVICES, INC.

I. PARTIES & DATE
This Letter of Agreement (“Agreement”) is made and entered into on April ___, 2024, by and between the City of Cudahy, a municipal corporation organized under the laws of the State of California with its principal place of business at 5220 Santa Ana Street, Cudahy, CA 90201 (“City”) and Nunez & Nunez Consulting Services, Inc., a corporation with its principal place of business at 1035 N. Sunset Avenue, Azusa, CA 91702 (“Organization”). City and Organization are sometimes individually referred to herein as “Party” and collectively as “Parties.” II. AGREEMENT
It is the understanding of the Organization that the following has been agreed in regard to the Community Connection to Wildlands program. The Organization will provide 10 overnight camping trips for 120 high school-aged youth, who utilize services from the City of from April 2024 through December 2024.

A. The Organization agrees to the items outlined in Exhibit A.

B. The City agrees to the items outlined in Exhibit B.

The Watershed Conservation Authority (“WCA”) has determined that it is a matter of public convenience and necessity to partner with the Organization and engage the specialized services of the Organization to provide youth-oriented overnight nature trips for the Community Connection to Wildlands (“CCtoW”) program. The Organization is an organizational and community development consulting firm working to bring nature back into our communities by fostering sustainable community-led nature initiatives, transformative outdoor programs, and enhancing green space access for the holistic well-being of our urban communities.

III. FINANCIAL OBLIGATIONS
The CCtoW program will be at no cost to the City and community. All costs associated with and incurred by the CCtoW program are covered by the WCA through a contractual partnership with the Organization.

IV. LIMITATIONS, ENFORCEMENT, AND JURISDICTION
A. The term of this Agreement shall be from April ___, 2024, to December 31, 2024, unless earlier terminated as provided herein.

B. This Agreement, including all attachments, constitutes the entire agreement among the above-named parties. No waiver, change, or modification in this Agreement is valid or binding unless agreed to in writing and signed by all parties.

Attachment A

Nunez & Nunez Consulting Services, Inc. Page | 2 of 5
Letter of Agreement 03/21/2024
C. Each party warrants that it has the right to enter into this Agreement and to grant all the rights it has granted through it.

D. It is understood and agreed that this Agreement does not create a partnership, joint venture, or employment relationship of any kind between the Organization and City and that none of the employees of either party will be deemed to be employees of the other for any purpose.

E. Each party agrees to indemnify and hold harmless, to the fullest extent permitted by law, the other party, and any and all of its officers, elected or appointed officials, employees, agents, and volunteers from all loss, injury, damages, claims, liabilities, costs, suits, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the Organization’s performance under this Agreement. The Organization’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received, by the City, its officials, officers, employees, agents, or volunteers.

F. No party will be liable for failure to perform as required by this Agreement in the event that such failure is caused by or due to illness or physical disability, acts or regulations of public authorities, labor difficulties, civil tumult, strike, acts of God, epidemic, interruption or delay of transportation service, or any other cause beyond the parties control.

G. If either Organization or City is unable to fulfill the terms of this Agreement, and if, after reasonable effort, a resolution between the parties can not be reached, then either party shall have the right to terminate this Agreement, in compliance with Section I below. In such a case, each party will hold the other harmless for the termination of the Agreement, and neither party will be liable to the other for any unfulfilled obligations as described herein.

H. This Agreement is governed by and shall be construed under the laws of the State of California. Any disputes relative to this Agreement shall be settled according to the laws of the State of California.

I. Either party has the right to terminate this agreement by written notice to the other party, which notice shall specify the effective date of such termination J. All data, documents, discussion, or other information developed or received by Organization or provided for performance of this Agreement are deemed confidential and will not be disclosed by Organization without prior written consent by the City. The City will grant such consent of disclosure as legally required. Upon request, all City data will be returned to City upon the termination or expiration of this Agreement. O

Nunez & Nunez Consulting Services, Inc. Page | 3 of 5
Letter of Agreement 03/21/2024
[SIGNATURES ON NEXT PAGE]
City of Cudahy
BY:_______________________
Alfonso Noyola, ICMA-CM
City Manager
Nunez & Nunez Consulting Services, Inc.

BY:_______________________
Nathan Nunez,
Chief Executive Officer
ATTEST:

BY:_______________________
Richard Iglesias, CMC
City Clerk
APPROVED AS TO FORM:

BY:_______________________
Stephanie Arechiga,
City Attorney

Nunez & Nunez Consulting Services, Inc. Page | 4 of 5
Letter of Agreement 03/21/2024
EXHIBIT “A”

ORGANIZATION AGREEMENT
● Provide no-cost overnight camping trips to the City of Cudahy and community, ● Plan and carry out outreach and recruitment in the City of Cudahy, ● Meet periodically with the City to discuss program implementation and progress, ● Schedule trip dates and facilitate trip planning/preparation/delivery/debriefing, ● Provide transportation during the duration of the trip, ● Provide essential outdoor camping equipment during the duration of the trip, ● Provide snacks, beverages, and meals during the duration of the trip, ● Provide a minimum 4:1 youth-to-instructor ratio during the duration of the trip, ● Require the completion of the Youth Medical Authorization Form before the trip, ● Require the completion of the Youth Permission Form/Waiver before the trip, ● Maintain the levels of Liability Insurance as outlined in the contract with WCA, ○ Workers Compensation: $1,000,000 Limit/ Aggregate
○ General Liability: $1,000,000 Limit/ $2,000,000 Aggregate ○ Professional Liability: $1,000,000 Limit/ $2,000,000 Aggregate ○ Automobile Liability: $1,000,000 Limit/ Aggregate
● Provide insurance coverage for sexual abuse and molestation which covers bodily injury, emotional distress or mental anguish related to any claim, cause of action or liability associated with child molestation or sexual abuse, with limits no less than $1,000,000 per wrongful act and $2,000,000 aggregate,
● Provide insurance coverage for rented vehicles which includes bodily injury and property damage should claims be made in an accident, with limits no less than $1,000,000 per limit/aggregate,
● Provide and require risk management training for all program employees, ● Require all Instructors to maintain Wilderness First Aid certification, ● Require all Instructors to maintain Basic Life Support (CPR & AED) certification, ● Require all Instructors to maintain a Food Handlers certification in California, ● Require all Instructors to provide proof of Live Scan (or comparable background check) at least two weeks in advance of any trips and/or activities,

Nunez & Nunez Consulting Services, Inc. Page | 5 of 5
Letter of Agreement 03/21/2024
EXHIBIT “B”

CITY AGREEMENT
● Support outreach and recruitment by sharing and/or collecting flyers, brochures, registration forms and/or other outreach materials at city events/programs, social media platforms, website, and other engagement methods as deemed appropriate by the City, ● Work with the Organization to provide a pre-arranged central meeting point for parents/guardians and youth participants to meet before trip departure and arrival for pick-up and drop-off; which may include the temporary use of a city facility, ● Meet periodically with the Organization to discuss program implementation and progress,

N U N E Z & N U N E Z
C O N S U L T I N G S E R V I C E S , I N C .

COMMUNITY

CONNECTION

TO WILDLANDS
In partnership with the Watershed Conservation Authority (WCA) Attachment B

C AR OL M AR TI N EZ
Coordinator &
Field Instructor
NA T HAN NU ÑE Z
Founder & Director

B RA NDO N F UL L ER
Field Instructor

MI C HA EL G AR CI A
Development Specialist

D ULC E R EA L
Field Instructor

N N C S P R O G R A M S T A F F
The Team
Community Connection to Wildlands

Community Connection to Wildlands
This award is in partnership with the Watershed Conservation Authority (WCA). Established in 2003, the WCA is a local public entity of the State of California exercising joint powers of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) and the Los Angeles County Flood Control District. The WCA is funded primarily by grants and receives limited funding from JPA Partner contributions and lease revenues for operational expenses.

The WCA vision of Connecting Communities through Nature embraces a ‘work with nature’ approach to watershed enhancement to improve water conservation and supply reliability, as well as providing increased access to open space and recreational opportunities within the San Gabriel and Lower Los Angeles Rivers Watersheds.

Community Connection to Wildlands
“The mountains do not change, we people change, but the mountains are living, we are mortals but the mountains, sky, and ocean, they are the eternal things. So these things will be passed on ahead, when we are no longer. The old rocks are testimony for the truth of these stories”- A Native American voice from Los Angeles County (1900s)

L E A R N I N G F R O M T H E W O R L D A R O U N D U S Our Story

Nunez & Nunez Consulting Services, Inc (NNCS) believes the land and water surrounding us and beneath our feet share stories of healing, lessons, growth, life, and inspiration.

NNCS is dedicated to unlocking those stories and creating new ones for generations to come.

Community Connection to Wildlands
About Us

Community Connection to Wildlands

A LL GE AR , F OO D &

T RA NS POR TA TI O N

P ROV I DE D

A LL OV ER NI GH T
( 2 D AY S) CA MP

C OST S C OV ER ED

A LL IN ST RU CT OR S

F RO M SI MI LA R

C OMM UN IT IE S

A L L I N C L U S I V E E X P E R I E N C E
Camp With Us

E X P E R I E N C E
NNCS staff and field instructors
share over 40 years of experience
working with diverse youth as
coaches, educators, and outdoor
instructors.

E X P E R T I S E
Having led well over 100
camping, backpacking, and day
hikes our instructors understand
trip safety, planning, coordination,
and implementation.

S A F E T Y
Our team has advanced
certifications such as Wilderness
First Responder, BLS, Level 2 AHSI
instructors, & Leave No Trace
Master Educators.

Community Connection to Wildlands

Community Connection to Wildlands
All participants will complete a
Permission Form & Medical
Authorization Form
All Trip locations are scouted before
the course roll-out
Instructors carry a satellite
communicator and have an
emergency evacuation plan

PROTOCOL
Camp Safety

Trips from May to November
Youth 14-18 years old
12 campers maximum to keep a
4:1 student-to-instructor ratio
Location: Angeles National Forest
Group Campsites
Community Connection to Wildlands

OBJECT IVES
Camp Details

Community Connection to Wildlands
Participants and guardians invited to
hear Who, What, When, Where, Why,
and How for upcoming course
Itinerary provided
Shared images of the trip and course
location
Spanish translation provided
Next steps provided

PRESENTAT ION
Informational

L EA DE RS HI P

C UL TI VA TI ON

I ND I GE NOU S

S TE WAR DS HI P

T RA NS FO RMA T IV E

MO VE ME NT

C OMM UN IT Y

S HA RI NG

E COL OG I CA L

RE C IP RO CI TY
Community Connection to Wildlands

Contact
626-598-0277
[email protected]
www.nnunezconsulting.com
Azusa, CA 91702
Community Connection to Wildlands

Blank Page

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 1 of 3

STAFF REPORT
Date: April 2, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Victor Maria Santiago, Parks and Recreation Manager Subject: Request to Authorized the City Manager to Enter into an Agreement with RCX Sports, LLC (MLS GO)

RECOMMENDATION
The City Council is requested to authorize the City Manager to enter into an agreement with RCX Sports, LLC (MLS GO). To become an MLS Go Operator and allow the city to use the MLS logos for marketing purposes and the right to operate and manage the youth recreational program known as MLS GO.

BACKGROUND

1. On October 10, 2023, City recreation staff met with MLS Go's Manager, Jonathan Houghton, during the annual National Parks and Recreation Conference in Dallas, Texas.

2. On January 14, 2024, City staff met with Jonathan Houghton to discuss the benefits of a partnership between the city and RCX.

3. On February 6, 2024, City staff met with Jonathan Houghton and Mike Kepler, MLS Go, Growth Manager, to discuss the agreement and requirements of both agencies for a successful partnership.

ANALYSIS
MLS Go is Major League Soccer’s (MLS) recreational youth soccer program with the mission of creating an inclusive and elevated experience for all participants. MLS Go is offered to all children ages 4-14, regardless of skill level. MLS GO focuses on elevating the current recreational experience, aspiring to remove barriers and provide greater access regardless of age, gender, financial capacity, or location. MLS Go engages with existing community Item Number
14D

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 2 of 3

organizations and local programs to provide kids with a fund, affordable, local soccer experience.

MLS Go offering includes full access to RCX’s platform, which includes:
• Official MLS Program – Official youth recreation soccer league experience of pro soccer with benefits and promotion from MLS and its clubs
• Support – RCX’s sports provide a full-service model and framework to run leagues more efficiently across operations, customer service, and safety policy. • High-Quality Experience – Official MLS GO club branded uniforms. As part of participating in the program, every player will receive an MLS GO uniform, including a reversible jersey, shorts, and socks.
• Registration & Technology Platforms – RCX handles equipment orders and offers league management, scheduling, and other vital tools in one place. • Marketing – Turnkey, elevated creating assets provided by RCX, yet easy-to-use way to promote local league and participation.
• On-Field Tools—Expert-based coaching, parent, and referee resources are included to ensure the best experience for the participants.

Additionally, MLS Go offers a player access fund that removes financial barriers to ensure as many players as possible can participate. Facilitated through the RCX Sports Foundation, MLS GO provides an application system that allows any family needing financial support to apply to the program and receive a grant to subsidize the participation cost.

Furthermore, becoming an MLS Go league operator has no up-front cost. However, once we get approved, there is a licensing fee per athlete for joining the program, including the uniform purchase. The participant pays this fee through the Registration fees. Lastly, we are required to pick a market (MLS team) per MLS requirements. The MLS team staff decided to pick the Los Angeles Football Club (LAFC).

CONCLUSION
If the City Council grants authorization, the community stands to gain from the establishment of a distinguished organization poised to offer a soccer league at an affordable rate, thereby enhancing community engagement and fostering physical well-being.

STRATEGIC PLAN CORRELATION
Goal A (Community Services), Objective:

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

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 3 of 3

FINANCIAL IMPACT
Entering in a contractual agreement with RCX Sports, LLC entails no direct financial implications for the budget. It is important to note that a registration fee of $35.00 per participant is applicable, and this fee is borne by the individual registering for the program.

ATTACHMENTS
A. Draft MLS GO League Operator Agreement
B. MLS GO PowePoint

MLS GO League Operator Agreement
This MLS GO League Operator Agreement (this “Agreement”) is entered into as of [DATE] (the “Effective Date”) and is by and between RCX Sports, LLC (“RCX”) and [LEAGUE LEGAL ENTITY] (“League”).

WHEREAS, under a license from Player Development, L.L.C. (“Licensor”), RCX has the right to operate and manage the youth recreational soccer program known as MLS GO (the “Program”); and WHEREAS, League desires to obtain certain rights with respect to the Program, on the terms and subject to the conditions set forth herein.

1. Special Terms for Government Leagues. If League is a government entity (including local, state, or federal) whose freedom of contract is restricted or limited by a government procurement statute or regulation, or any other mandatory government regulation, rule, or policy (collectively, “Procurement Statute(s)”), then the terms of this Section 1 shall apply. To the extent any term or condition of this Agreement conflicts with or is restricted or limited by a Procurement Statute (each a “Conflicting Term”), the Conflicting Term shall be automatically reformed, construed, and enforced so as to (i) comply with the Procurement Statute; and (ii) most nearly give effect to the intent of the original term or condition as expressed in this Agreement.

2. Payment.
(a) In consideration for the license granted to League in accordance with Section 3 below, League hereby agrees to (i) timely pay the charges set forth in any payment form or invoice (whether in hard copy, electronic or other format) (the “Payment Form”) for the purchase of merchandise and equipment, including uniforms, balls, and other items related to League’s participation in the Program, (ii) comply with the other terms and conditions set forth in the Payment Form, and (iii) comply with all of the terms and conditions that are set forth in this Agreement. The Payment Form is expressly incorporated herein by reference. RCX’s acceptance of payment for equipment, merchandise or other benefits or privileges related to League's participation in the Program (collectively, “Program Privileges”) from any person or entity other than the League does not grant any rights to equipment, merchandise, or other Program Privileges, any account access or any future account or credit rights, nor constitute an assignment or transfer thereof, to any such person or entity.

3. License of Program Marks.
(a) Grant of License. During the Term and subject to the terms of this Agreement, RCX hereby grants to League, and League hereby accepts, the limited, non-exclusive, revocable, non-transferable, nonsublicensable, non-franchiseable, license and right to use the Program Marks solely for the Permitted Uses, in the Territory, and in compliance with the Style Guide. Any other use of Program Marks by League shall be subject to the prior written approval of RCX and Licensor in each instance. The parties acknowledge and agree that the rights granted hereunder (including the use of any Program Marks) shall be limited to the Territory with the sole exception of the use of the Internet, which is inherently worldwide, to promote the Program in the Territory.
“Program Marks” means the words and logos set forth in Exhibit B. For the avoidance of doubt, although Major League Soccer, L.L.C. (“MLS”) logos may be incorporated into the Program logo, the MLS logos in isolation shall not be deemed a Program Mark and League shall have no right to use such logos in isolation, or manipulate, alter or display in partial form. “Permitted Uses” means only the following uses: (i) on League’s website, and (ii) on League marketing and promotional materials, including flyers and emails, in which no other third-party items are present other than an official Program sponsor as deemed by RCX. For the avoidance of Attachment A

2 doubt, no sponsor logos, other than RCX’s logo, are permitted on the same marketing piece that contains Program Marks without prior written approval from RCX. “Style Guide” means any written style guide provided by RCX from time to time that sets forth certain styles, formats, characterization and artwork depicting the Program Marks, all of which are incorporated by reference herein.
“Territory” means the geographical area set forth on Exhibit A. (b) League’s Use of the Program Marks. League represents, warrants and agrees that its use of the Program Marks shall not be derogatory to, critical of, or otherwise reflect unfavorably on any Releasee (as defined below) or the Program. League shall: (a) observe such requirements with respect to notice, use and other reasonable requirements as Licensor, RCX, or any of the MLS Releasees (as defined below) may require from time to time, including the requirements set forth in the Style Guide; (b) not misuse any Program Marks, bring them into disrepute or otherwise use any Program Marks in any manner that is inconsistent with the specific terms of this Agreement; (c) not use the Program Marks to perform any activity or to incur any obligation or indebtedness in such a manner as may subject any Releasee to liability; and (d) not register or apply to register any domain or social media accounts containing the Program Marks or any mark confusingly similar thereto without the written permission of RCX. Any use of the Program Marks before the League uses such Program Marks will be subject to RCX written approval. RCX shall have the right, in its sole and absolute discretion, to withdraw its approval with respect to any use of the Program Marks if such use (i) ceases to be acceptable to RCX or Licensor, (ii) upon the happening of an event which might compromise or reflect unfavorably upon the good name, goodwill, reputation or image of any Releasee, or which might jeopardize or limit any Releasee’s proprietary or other right, title or interest in or to any Program Mark or (iii) if required by Licensor or MLS. If at any time RCX withdraws its approval of a use as provided in the immediately preceding sentence, League shall immediately cease all such uses of the Program Marks and such use shall no longer be considered a Permitted Use hereunder.

League shall be responsible for all costs incurred in connection with (x) any use by League of the Program Marks and (y) ceasing any such use.
(c) Licensor/RCX Ownership. League acknowledges and agrees that Licensor and RCX exclusively owns or is the exclusive licensee (as applicable) of the Program Marks and all copyrights, trademarks and service marks and other intellectual property rights in and to them. League further acknowledges and agrees that Licensor or RCX (as applicable) shall own worldwide in perpetuity all tangible and intangible rights (including all intellectual property rights) in and to the following materials (collectively, “Proprietary Materials”): (i) all artwork, art, images or photographs (A) produced or created under this Agreement or in connection with League’s affiliation with the Program, or otherwise controlled by any Releasee, and (B) bearing any Program Marks or incorporating graphic depictions of the Program Marks, as well as duplicates and copies thereof (“Artwork”); (ii) all promotional materials depicting any Program Marks; (iii) all secondary marks or soccer-related promotional concepts developed for use and used in connection with any Program Marks (“Secondary Marks”); (iv) all derivative work (as defined in the U.S. Copyright Act, 17 U.S.C. §105) of the Program Marks, Secondary Marks, promotional materials depicting any Program Marks or Artwork; (v) all materials that are created through combining other material described in clauses (i) through (iv) and (vi) of this Section 3(c); and (vi) any new content created by League that: (A) makes any use of the Program Marks or other branding owned or controlled by any Releasee, or (B) is confusingly similar to, or otherwise infringes upon, the Program Marks or any other name, brand or mark owned or controlled by any Releasee. League’s use of the Program Marks pursuant to the license granted herein is for the benefit of Licensor and RCX and will inure to Licensor and RCX, and League shall not acquire any rights in any of them by such use. For the avoidance of doubt, (1) RCX or Licensor (as applicable) shall continue to own worldwide in perpetuity all tangible and intangible rights (including all intellectual property rights) to the Program Marks and Proprietary Materials following termination or expiration of this Agreement; and (2) League shall have no rights to use the Program Marks and Proprietary Materials following termination or expiration of this Agreement.

3 (d) No Alterations or Modifications of Program Marks. League shall not create or use new versions, adaptations or variations of any Program Marks either by alteration or by combining the Program Marks with other marks, words, or designs.
(e) No Challenges. League agrees that the Program Marks are valid and fully subsisting, and that League shall not (i) directly, or indirectly, infringe the Program Marks or Proprietary Materials, (ii) contest or aid in contesting the validity or ownership and rights of the MLS Releasees or the RCX Releasees to the Program Marks or Proprietary Materials or take any other action in derogation of the MLS Releasees’ and the RCX Releasees’ rights in and to the Program Marks or Proprietary Materials, (iii) attack the validity of this Agreement or the license granted herein or (iv) apply for or seek to obtain trademark, copyright, or any other proprietary right or other protection or restriction in and to the Program Marks. (f) Domains and Social Media Accounts. League may not register or apply to register any domain or social media account containing or including the Program Marks or any mark confusingly similar thereto. Should RCX consent to the registration of any domain including the Program Marks, such domain shall be registered in the name of RCX or Licensor. League and RCX shall cause a senior executive officer of League to remain the technical contact with respect to the domain name registrar for the domain. Upon registration of any domain or social media account or upon the prior written request of RCX, League shall provide to RCX the password and contact information with respect to the domain and social media accounts.

League shall immediately notify RCX in writing upon any change to the password or contact information for any domain or social media account permitted to be registered under this Section. All such domains and social media accounts permitted to be registered under this Section shall be considered part of the Program Marks and shall be subject to all other terms of this Agreement applicable to such Program Marks, including without limitation, Licensor’s ownership thereof. Without limiting RCX’s other rights or remedies, RCX may disable League’s access to any domain or social media account permitted to be registered under this Section for any or no reason and without notice to League. (g) Unauthorized Use of the Program Marks. League agrees to promptly notify RCX of any unauthorized use of the Program Marks of which League has knowledge. RCX or Licensor shall have sole discretion to bring proceedings alleging infringement of the Program Marks or unfair competition relating thereto. League agrees to provide RCX or Licensor reasonable cooperation and assistance with respect to any such infringement proceedings.
(h) Public Announcements. League agrees that it will not make any public statement or post about the relationship of the parties or the Program without the prior written consent of RCX. (i) No Use of Other Program Marks. League understands that League shall have no right to use any of the MLS Marks (as defined below) or any of the RCX Marks (as defined below), other than the Program Marks as expressly permitted herein, for any purpose whatsoever without the prior written approval of the Releasees in each instance (such approval to be granted or withheld in the Releasees’ sole discretion after a formal request process has been initiated by League). For the purposes of this Agreement, “MLS Marks” means the names, symbols, emblems, designs, and colors of MLS and the MLS clubs, including, without limitation, the terms “Major League Soccer”, “MLS”, the MLS logo, the Program name and logo, as well as the full club names, nicknames, uniform designs, logos and slogans of the MLS clubs, and any other indicia adopted for commercial purposes by MLS, Licensor, or any MLS club. For the purposes of this Agreement, “RCX Marks” means the names, logos, symbols, emblems and designs of RCX and its affiliates and any indicia adopted for commercial purposes by RCX or any of its affiliates. League acknowledges and agrees that all right, title, and interest in and to the MLS Marks and RCX Marks belong to Licensor and RCX, respectively. League agrees that the MLS Marks and RCX Marks possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained by their unauthorized use. Notwithstanding anything to the contrary herein, League recognizes that irreparable injury would be caused by the unauthorized use of any of the MLS Marks or RCX Marks, and agrees that injunctive and other equitable relief from a court of competent jurisdiction would be

4 appropriate in the event of such unauthorized use, and that such remedy would not be exclusive of other legal remedies. League recognizes that the great value and goodwill associated with MLS Marks and RCX Marks belongs to Licensor and RCX respectively and that such marks have secondary meaning. (j) Territory.
(i). In consideration for the rights granted in the Territory, League shall use its best efforts to actively promote the Program in the Territory. League shall host all practices and all “home” games and official League events in the Territory and shall not be permitted to host League practices, “home” games or other official League events outside the Territory. (ii). League does not acquire any rights to the Program or Program Marks in any location or territory, other than the Territory, subject to the limitations set forth in this Agreement.

League expressly acknowledges and agrees that this license for the Program Marksis nonexclusive, and that Licensor and RCX have (as applicable) and retain the right to own, acquire, establish and operate, and license others to establish and operate, Program leagues substantially similar to the League, whether under the Program Marks or other trademarks, anywhere inside and outside the Territory.
(k) Approval of Items Not Bearing Marks. RCX shall have the right, but not the obligation, to approve all items distributed or displayed in connection with the Program regardless of whether such items bear the Program Marks. Notwithstanding anything to the contrary, in the event RCX or Licensor disapproves of an item, League will remove such item from circulation and/or future events. For the avoidance of doubt, items in the following categories are prohibited from being distributed or displayed in connection with the Program:
(i). Gambling;
(ii). Alcohol;
(iii). Tobacco, e-cigarettes, vapor, cannabis, THC, marijuana, CBD, or other drugs (illegal, legal, prescription or over-the-counter), drug paraphernalia or dispensaries for any of these products;
(iv). Firearms, ammunition, and/or other weapons;
(v). Prophylactics;
(vi). Sleepwear, undergarments, or sexually oriented or explicit products or services); (vii). Fraudulent or misleading products/services;
(viii). Religious content or advertisements;
(ix). Offensive, profane, violent, or abusive products or services; (x). Signs, symbols, images, language or gestures that are directly or indirectly threatening, abusive, or discriminatory, including on the basis of race, ethnicity, national origin, religion, gender, gender identity, age, ability, and/or sexual orientation; and (xi). Signs, symbols or images for electioneering, campaigning or advocating for or against any candidate, political party, legislative issue, or government action.

4. Works and Rights.
(a) Works. League acknowledges and agrees that, as between the parties, RCX exclusively and in perpetuity owns and controls any and all rights to record, broadcast, telecast, display, publish, reproduce, film, exhibit, distribute, photograph, exploit, video tape, print and/or otherwise make use of, and any and all rights to authorize others to do so, whether on behalf of RCX or for its own accounts, any film, audio, depiction, audio visual, video, material, recording, document, image, record, statistic, data (of any

5 kind, including biometric data), photo, sound, or any other type of information or experience or content that is capable of being captured or recorded by any means arising from, related to or during any Program activity or event, any service performed by League pursuant to the terms herein or otherwise related to the Program or RCX or any related activities or business (collectively, the “Works”) in any manner whatsoever, alone or in composite or conjunction with other materials, in any and all media, whether now known or hereafter devised (collectively, “Media”), in or by any manner, method or device (whether now known or hereafter devised), and all other rights, privileges, benefits, matters and things incident to or arising out of all or any of the foregoing, including for any and all commercial and non-commercial purposes, including for purposes of advertising and promoting Licensor, MLS, RCX, or the Program. (b) Name, Image, Likeness, Etc. League hereby grants, for itself on behalf of its players, coaches, parents and other participants (collectively, “Participants”), to Licensor and RCX and the other Releasees (as defined below) the exclusive, perpetual, royalty-free, irrevocable, fully-paid up, worldwide right and license to use, exhibit, edit, disseminate, display, reproduce, print, publish, publicly perform and make any other uses of League’s or its Participants’ image, name, sobriquet, marks, logos, voice, movements, gestures, actions, persona, signature, likeness, uniform, biomaterial, biographical material and other indicia and attributes of League and its Participants, in any manner whatsoever, alone or in composite and/or conjunction with any other materials, on, via or through any and all Media, in connection with, related to or for any purpose of: (i) any of the rights to the Works described above; (ii) any advertising, promotion, publicity, operation or exploitation of Releasors (as defined below), Releasees or the Program and (iii) on MLSsoccer.com/mlsgo (the “Website”) in connection with any postings of team rosters, stories or otherwise.
(c) Rights. The rights described in the foregoing Sections 4(a) and 4(b) are collectively referred to herein as the “Rights”. League acknowledges and agrees that (i) the Rights granted to RCX and the Releasees shall expressly survive any termination or expiration of this Agreement and (ii) that RCX and the Releasees have the exclusive and unrestricted right in perpetuity, exercisable in their sole and absolute discretion, to: (x) sell, assign, exploit, lease, license, sublease, use or otherwise dispose of any and all of the Rights and the results of the exercise thereof, and to authorize, license and grant the right to exercise any of the Rights and to retain the proceeds therefrom, (y) do all things necessary for the full and complete use, exploitation and exercise of the Rights, including the right to promote and exploit all Rights granted hereunder, and the right to negotiate, enter into and perform any and all agreements relating to the Rights, and (z) receive and retain all subscription revenues, advertising revenues, merchandise and ecommerce revenues, sponsorship revenues, and all other revenues of all kinds whatsoever (regardless of source) related to RCX, the Rights, the Program, or any services performed by League or its Participants pursuant to the terms herein (and, for clarity, League shall have no such right).

5. League Operational Obligations.
(a) Player Registration Agreement. League agrees that (i) each of its player participants (and each such participant’s parent or legal guardian, as applicable) shall execute and deliver to RCX a player registration agreement in the form provided by RCX (“Player Registration Agreement”), and League shall not allow any person that has not executed and delivered a Player Registration Agreement to participate in any Program or League activities or events and (ii) League shall obtain (through a written waiver, including in digital form) from each of its Participants (and each Participants’ parents, as applicable) any right not covered by the Player Registration Agreement as necessary for either party to perform its obligations or exercise the rights granted to it hereunder.
(b) Background Checks. League shall engage a company designated for the Program to conduct background checks on all administrators, staff, volunteers, officials, coaches and other on-field representatives of League that are consistent with the USOCP requirements and League shall not permit any such person to engage in any Program events or activities until RCX receives the results of such background check and confirms there are no issues. League shall obtain any necessary authorization to

6 conduct such background checks. League agrees that RCX shall also have the right (but not the obligation) to perform background checks on League and its Participants. (c) Compliance with Law; Safe Sport; Health and Safety Policies. (i). League agrees that, at all times, League and its affiliates shall be (and shall conduct its business) in full compliance with all applicable federal, state and local laws, regulations, and ordinances, including the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and the Children’s Online Privacy Protection Act of 1998. League agrees that it shall at all times (i) foster a culture of respect and a positive and safe environment for all of its participants and athletes, (ii) provide its teams, coaches and any other personnel with bestin-class support, training and resources to promote respect, prevent abuse and encourage safe play and (iii) protect its participants and athletes from abuse, violence or any other misconduct with respect to all of League’s operations and services (which shall include background checks on all coaches or other on-field representatives with contact with minors in accordance with Section 5(b) League agrees that it shall dedicate best-in-class resources and monitoring to ensure compliance with this Section 5(c).
(ii). League shall develop, implement, and maintain comprehensive health and safety policies that are consistent with industry standards and applicable laws and regulations (“Health and Safety Policies”). The Health and Safety Policies shall include, without limitation, protocols for preventing the spread of COVID-19 and other infectious diseases. The Health and Safety Policies shall be communicated to all League participants, staff, and volunteers and shall be regularly reviewed and updated as necessary. The Health and Safety Policies shall include an emergency action plan (“EAP”) designed to appropriately respond to emergencies that may occur in connection with the Program, including without limitation, head injuries and cardiac incidents.

The EAP must be posted at all venues where the League operates including all practices, games, camps, tournaments, and other League events. The EAP must be rehearsed and updated annually to ensure that League staff and participants are familiar with its contents and processes. League shall ensure that all of its staff and volunteers are familiar with their roles and responsibilities in implementing the EAP. The EAP must include processes to respond to cardiac incidents, which shall include access to Automated External Defibrillators (“AEDs”) at all League events. League shall ensure that all staff and volunteers are trained and certified in Cardiopulmonary Resuscitation (CPR) and the use of AEDs.
(d) Scope of League Offerings. In the event that League offers only one Program for a certain age group, such Program must be co-educational in nature (i.e., girls and boys are permitted to play together on the same team). It should be noted that the Program will operate with a focus on ensuring gender, race and socioeconomic diversity among players, coaches and staff. (e) Ownership. League has disclosed in writing to RCX all direct and indirect beneficial owners of the League who own more than ten (10) percent of the equity, voting, ownership, or other economic interest in the League (each a “Major Owner”). For purposes of this Agreement, a “Change of Control” means (in each case, whether directly or indirectly and whether in a single transaction, a series of related transactions or as part of an overall plan) (i) the direct or indirect transfer, conveyance, or acquisition by any person of 10% or more of the League’s direct or indirect beneficial ownership of, or voting control (whether by contract, arrangement, relationship, or otherwise) or 10% or more of the capital stock or other equity interests of the League; (ii) the sale, exchange, or transfer of all or substantially all of the League’s soccer related assets; or (iii) the closing of a merger, consolidation, liquidation or reorganizational of the League into or with another company or other legal person. If League is a government entity, then this Section 5(e) shall not apply.
(f) Compliance Certificate. League shall provide RCX in writing with an executed copy of the annual certificate in the form provided by RCX and attached hereto as Schedule 1, as amended from time

7 to time, (y) certifying that League and its affiliates are in compliance with this Agreement and setting forth a list of all Major Owners and their relative ownership interest, each year during the Term. If League is a government entity, then League is not required to list all Major Owners and related information. (g) League Highlights/Clips. League shall be required to provide video clips/highlights of League games and other activities in a form mutually agreed upon by the parties to RCX upon the reasonable request of RCX, or upon a mutually agreed periodic schedule. (h) Program Merchandise and Equipment. League hereby acknowledges and agrees that RCX shall have the exclusive right to supply League’s (including the teams in the League) on-field, game-day uniforms. League shall require that every League player wear exclusively such Program official uniforms whenever on-field and participating in games. RCX may offer for sale other items of Program equipment and merchandise including balls, shorts, apparel, and other items. To protect the goodwill of the Program, League shall be prohibited from purchasing Program equipment from other leagues in the Program and reselling any Program equipment or merchandise purchased from RCX (including to other leagues in the Program), without RCX’s prior written consent
(i) Championships. During the Term, at RCX’s discretion, the Program may host a MLS GO Championship and RCX may ask that Leagues to designate and send a League champion to such event. (j) Exclusivity. Throughout the Term, RCX and the Program shall be the exclusive recreational youth soccer partner with League, which shall preclude League from partnering, promoting, endorsing, or otherwise associating with any other youth soccer organizations which may be competitive with RCX or the Program, as determined by RCX in its reasonable discretion. (k) Sponsorship Restrictions. League acknowledges and agrees that it has no rights of any kind to 1) sell or offer to sell sponsorships in connection with the Program, the League or any League activities (including, but not limited to, signage, displays, on-field gear, jerseys (recreational or competitive), apparel, equipment and any other advertising inventory), or 2) license or otherwise use the Program Marks. League acknowledges that such rights are expressly reserved to Licensor. (l) Program Rules. This Agreement and all rights granted hereunder are subject and subordinate to and limited by all applicable Program Rules (as defined below). In the event of any conflict or inconsistency between the terms and conditions of this Agreement and the provisions of any Program Rule, such Program Rule shall govern. League shall comply with all applicable Program Rules and shall not enter into any agreements in conflict with such applicable Program Rules. “Program Rules” shall mean collectively, (i) any Program guides or code of conduct provided to League or otherwise made available on the Website, (ii) each of the rules, regulations, memoranda, resolutions, policies, procedures, guidelines, interpretations and directives of Licensor or RCX related to the Program, including without limitation, any Program health and safety rules and requirements, and (iii) any other agreements and arrangements to which Licensor and RCX is (or after the date hereof may become) subject or by which Licensor, RCX or their assets are (or after the date hereof may become) bound, in each case, as they may be adopted, amended or modified from time to time.
(m) Standards. As the operator of the Program, RCX shall have the right to establish “Standards” for various aspects of the Program, consistent with the health and safety policies set forth in Section 5(c), and that include the quality and professionalism of League staff and coaches, the efficiency and performance of League systems and processes, League performance in terms of player participation, operational and financial efficiency, parent and participant feedback, compliance with the terms of this Agreement, including limiting League activities to the Territory and collection and retention of Player Registration Agreements, compliance with Program Rules, and general standing and reputation in the League’s local community.

6. Insurance.

8 (a) League shall at all times carry, from insurance companies licensed to do business in the states in which the League operates, at no cost to RCX or any other Releasee, and cause its subcontractors and the member teams to maintain at all times, throughout the performance of services, the following types of insurance with limits of coverage not less than those set forth below (all amounts in U.S. dollars):
(i). Workers’ Compensation Insurance in compliance with the laws of the state or province where the services are to be provided, covering employees, volunteers, temporary workers and leased workers
(ii). Employers’ Liability Insurance covering employees, volunteers, temporary workers and leased workers, with minimum limits of: (A) $1,000,000 Each Accident; (B) $1,000,000 Disease - Each Employee; and (C) $1,000,000 Disease - Policy Limit. (iii). Insurance Services Office (or equivalent) occurrence based Commercial General Liability Insurance Policy, providing coverage for bodily injury and property damage and personal and advertising injury, including contractual liability and products/completed operations liability coverage with minimum limits of: (A) $1,000,000 Per Occurrence; (B) $2,000,000 General Aggregate. Coverage may not have any exclusions for brain injuries. Sexual abuse and molestation-related exposure must not be excluded in the Commercial General Liability Insurance Policy listed above or it must be covered in a separate stand-alone policy. (iv). Automobile Liability Insurance, covering owned, non-owned, leased or hired autos, with a minimum combined single limit of $1,000,000 Each Accident. (v). Umbrella Liability Insurance with a minimum limit of $1,000,000. (vi). All insurance policies must be issued by an admitted insurance carrier with an A.M. Best rating of A-VII or better, authorized to do business in the state where the Venue is located. The Releasees must be named as additional insureds on the Commercial General Liability/Sexual Abuse and Molestation Liability, Automobile Liability and Umbrella/Excess Liability Policies. Additional insured coverage for all liability in connection with the subject matter of this Agreement must extend to include product/completed operations coverage. All liability insurance policies must provide cross liability coverage (separation of insureds or severability of interest provisions). Further, coverage for the Releasees shall apply on a primary basis irrespective of any other insurance maintained by the Releasees, whether collectible or not. General conditions applicable to all policies are that (1) no policy shall contain a self-insured retention; (2) no policy shall contain a deductible in excess of $25,000; (3) the League shall be solely responsible for satisfaction of all deductibles; (4) all policies shall be endorsed to provide a waiver of subrogation in favor of the Releasees; and (5) all policies shall be endorsed to provide that in the event of cancellation, non-renewal or material modification, RCX and Licensor shall receive at least thirty (30) days written notice thereof. (vii). Prior to execution and delivery of the Agreement, League shall furnish RCX with certificates of insurance evidencing compliance with these insurance requirements. The insurance requirements set forth herein will in no way modify, reduce, or limit League’s indemnification obligations under this Agreement or otherwise. Receipt by RCX of a certificate of insurance, endorsement or policy of insurance which is more restrictive than the contracted for insurance shall not be construed as a waiver or modification of the insurance requirements above or an implied agreement to modify same, nor is any verbal agreement to modify same permissible or binding.

7. League Representations and Warranties. League represents and warrants to RCX that (i) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and has the full power and authority to enter into and perform its obligations under this Agreement, (ii) the execution, delivery and performance of this Agreement have been duly authorized by all necessary action on the part of League, (iii) this Agreement has been duly executed and delivered on behalf of League and

9 is the valid and binding obligation of League enforceable against League in accordance with its terms, (iv) no litigation, claim or action is pending or, to League’s knowledge, threatened that could reasonably be expected to adversely affect League’s ability to fully perform its obligations hereunder, and (v) entering into and performance by League of this Agreement will not breach or violate the organizational documents of League or any provision of any indenture, mortgage, lien, lease, agreement, order, judgment, or decree to which League is a party or by which its assets or properties are bound.

8. Term; Annual Review.
(a) Initial Term. The term of this Agreement will commence as of the Effective Date, and will expire on December 31 of the following year, unless earlier terminated or extended pursuant to this Agreement (the “Initial Term”). A “Contract Year” means, for the first year of this Agreement, from the Effective Date of this agreement through December 31 of the following calendar year. For all years thereafter, Contract Year means the period from the January 1 through December 31 of the following calendar year.
(b) Renewal Term. Upon expiration of the Initial Term or a Renewal Term, the parties may mutually agree to renew this Agreement for an additional term of one (1) Contract Year (each a “Renewal Term”, and together with the Initial Term, the “Term”), provided that League satisfactorily passes its Annual Review (in RCX’s sole and absolute discretion) pursuant to Section 8(c). (c) Annual Review.
(i). On or prior to July 1 of each Contract Year, the League shall provide RCX with the annual certificate as required under Section 5(f) of this Agreement. (ii). After August 1 of each Contract Year, RCX will conduct a review of the League to determine whether the League has maintained the Standards and otherwise sustained compliance with the terms and conditions of this Agreement and Program Rules over the applicable Initial Term or the Renewal Term (the “Annual Review”). RCX retains the sole discretion as to whether League has satisfied the Standards. As part of the Annual Review, RCX is permitted to revise or amend the Territory for any future Renewal Term (but not for the then-current Initial Term or Renewal Term).

9. Termination; Effect of Termination.
(a) Without limiting any other rights or remedies RCX may have under this Agreement or otherwise, RCX may terminate this Agreement by giving written notice to League at any time after any of the following shall occur (or, automatically in the case of Section 9(a)(vi)):
(i). League becomes involved in a business or industry, or undertakes any activity for which the Program Rules prohibit;
(ii). League is subject to a Change of Control, without RCX’s prior written consent (to be granted or withheld in RCX’s sole and absolute discretion); (iii). League engages in illegal, indecent, immoral, harmful or scandalous behavior or activities that in RCX’s good faith discretion, would reasonably and objectively damage the reputation or goodwill of the Program, Licensor, MLS, RCX, or any of the Releasees; (iv). either party’s performance of its obligations hereunder would cause any party to be in violation of the Program Rules or any rule or policy of any Releasee;

10 (v). League breaches, in any material respect, any of its obligations under this Agreement; or
(vi). League has a receiver or similar party appointed for its property, ceases to do business, makes an assignment for the benefit of its creditors, or files a petition in bankruptcy. In the event this Agreement is terminated pursuant to this Section 9(a)(vi), in addition to the provision in Section 9(b), neither League nor its receivers, representatives, trustees, agents, administrators, successors or assigns shall have any right to sell, exploit or otherwise use the Program Marks without the prior written consent of RCX.
(b) Termination of this Agreement by RCX as provided herein shall be without prejudice to any other rights or remedies which they may have under this Agreement, at law, in equity, or otherwise. In the event this Agreement is terminated, (i) all rights granted to League hereunder shall immediately revert to RCX and Licensor (as applicable), (ii) League shall immediately and permanently cease all use of the Program Marks and (iii) League shall not be entitled to any refund or any other consideration, regardless of whether termination occurs prior to, during or after any League or Program season.

10. Data Sharing and Privacy.
(a) Definitions. For purposes of this Section, the following terms shall be defined as follows:
(i). “Applicable Privacy and Data Security Laws” means all data privacy, data security and data protection, advertising and marketing laws, rules, and regulations of any applicable jurisdiction (including the U.S. and each state of the U.S.). (ii). “Data” means all personal information, as defined by Applicable Privacy Data and Security Laws, collected by League in association with the Program, including, but not limited to data, to the extent collected by or on behalf of the League from individuals (including, without limitation, Participants) in connection with such individuals’ interactions with the League and the Program. Data also includes: (i) the list of leagues and teams participating in the League and Program; (ii) all results, statistics and outcomes of the games and other events occurring in the Program; and (iii) any other information necessary for RCX or Licensor to exercise its rights or perform its obligations under this Agreement. Data shall not include (x) any credit or debit card account numbers or any other payment card data or related information; (y) any protected health information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 ((x), and (y), collectively, “Sensitive Data”).
(b) Use & Advertising Restrictions. Each party’s collection, use, and disclosure of Data shall comply with all Applicable Privacy and Data Security Laws and their respective Governing Data Policies and Agreements (defined below).
(c) Data Ownership; Privacy Policies; Consents. League hereby: (i) recognizes the exclusive ownership by RCX, as between RCX and League, of all Data; and (ii) disclaims any right or interest in the Data. League shall develop, implement and maintain agreements with Participants and privacy policies (together, “Governing Data Policies and Agreements”) consistent with Applicable Privacy and Data Security Laws and League’s obligations under this Agreement. League will structure such Governing Data Policies and Agreements to provide all necessary notices and to ensure it has all necessary consents, consistent with Applicable Privacy and Data Security Laws to allow League to provide Data to RCX (and for RCX to provide Data to the MLS Releasees and each of their respective partners) in accordance with this Section 10 in a manner that permits RCX, the MLS Releasees and each of their respective partners to use such Data for marketing purposes and share such Data with Licensor and the Releasees consistent with

11 the terms of this Agreement. Such efforts shall include, but not be limited to, (i) including a provision in the League privacy policy providing notice to Participants that League will disclose Data to third parties, including, but not limited to RCX and Licensor, (ii) including an affirmative opt in to receive marketing messages, as specified by RCX, and (iii) providing conspicuous notice of such disclosure and active consent for such disclosure. Without limiting the generality of the foregoing, League shall maintain reasonable administrative, technical and physical safeguards to protect such Data from unauthorized access, use or disclosure.
(d) Process for Data Sharing. On a quarterly basis or as otherwise requested by RCX, League shall provide or direct its agents to provide RCX with all available Data (in accordance with Applicable Privacy and Data Security Laws) in a form mutually agreed upon by the parties. League shall not disclose, release, distribute, or deliver Data, or any portion thereof, to any third party other than RCX without the other RCX’s prior written consent. Any purpose or use not specifically authorized in this Agreement is prohibited.
(e) Information Security. League shall use, and shall implement, maintain, and adhere to a written information security program that incorporates, reasonable and adequate legal, organizational, physical, administrative, and technical measures, and security procedures to safeguard and ensure the security, confidentiality, and integrity of the Data. At a minimum, League shall provide safeguards for Data that meet or exceed all requirements under Applicable Privacy and Data Security Laws, and that protect such Data against reasonably anticipated threats or hazards, including unauthorized access, disclosure, duplication, destruction, use, modification, or loss, including by:
(i). maintaining records of processing activities in accordance with all Applicable Privacy and Data Security Laws;
(ii). performing its obligations under this Agreement in such a manner in compliance with, and so as not to cause the Parties to be in violation of, all Applicable Privacy and Data Security Laws; and
(iii). collecting Data in accordance with instructions issued in writing by a Party from time to time.
(f) Data Sharing Restriction. Notwithstanding League’s obligations in this Section 10, League shall not provide any of the following data to RCX: (i) Sensitive Data; or (ii) Data that if shared would violate any Applicable Privacy and Data Security Laws.
(g) Limitations on League Data Use. League shall solely use the Data collected as part of this Agreement for the purposes of providing the Program. League shall not: (i) “sell” or “share” Data, as defined by Applicable Privacy and Data Security Laws; (ii) retain, use, or disclose the Data for any purpose other than for the “business purposes” as defined by the Applicable Privacy and Data Security Laws, specified in this Agreement, including retaining, using, or disclosing the Data for a “commercial purpose” as defined by Applicable Privacy and Data Security Laws, other than the business purposes specified in this Agreement or as otherwise permitted by Applicable Privacy and Data Security Laws; (iii) retaining, using, or disclosing Data outside of the direct business relationship between the League and RCX; or (iv) combining the Data League receives from, or on behalf of , another person or persons, or collects from its own interactions with Participants, unless otherwise permitted under Applicable Privacy and Data Security Laws.
(h) Third Party Vendors. To the extent League engages in third-party vendors (“Vendors”) to process the Data in accordance with this Agreement, League shall enter into an agreement with such Vendors that include provisions at least as restrictive as the provisions in this Section 10.

11. Release of Liability.

12 (a) League, on its own behalf, and on behalf of the other Releasors (as defined below), hereby (i) releases and forever discharges each of the Releasees (as defined below) from all Released Claims (as defined below) and (ii) agrees not to sue or bring any proceeding against any Releasee for any Released Claims, whether presently known or unknown and whether or not caused by the negligence of any of the Releasees.
(b) As used in this Agreement, (i) the term “Releasors” means each of League, its past, present and future affiliates, each of its Participants, and the past, present and future heirs, executors, administrators, trustees, beneficiaries, legal representatives, agents, attorneys, servants, insurers, employees, directors, officers, partners, principals, shareholders, members, managers, investors, predecessors, successors and assigns of any such person or entity, (ii) the term “MLS Releasees” means MLS and the MLS clubs, Licensor, MLS Canada L.P., Pro Soccer Development, L.P., Soccer United Marketing, LLC, and each of their respective past, present and future affiliates and each of their respective predecessors, successors and assigns and each of their respective past, present and future, direct or indirect, owners, partners, principals, managers, members, shareholders, directors, officers, agents, trustees, employees, governors, attorneys and other representatives, (iii) the term “RCX Releasees” means RCX, RCX Canada Inc., and each of their past, present and future affiliates and each of their respective predecessors, successors and assigns and each of their respective past, present and future, direct or indirect, owners, partners, principals, managers, members, shareholders, directors, officers, agents, trustees, employees, governors, attorneys and other representatives, (iv) the term “Releasees” means the MLS Releasees and the RCX Releasees, collectively, and (v) the term “Released Claims” means any actions, causes of action, suits, debts, losses, costs, controversies, damages, judgments, claims, liens, agreements, contracts and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, arising out of, attributable to, in connection with, or in any way relating to, this Agreement, or League’s or any of its Participant’s participation in the Program (including actions for property damage, personal injury or wrongful death).

League hereby expressly waives all rights under Section 1542 of the California Civil Code, and under any and all similar laws of any jurisdiction. League is aware that said Section 1542 of the California Civil Code provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR

RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME

OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(c) League expressly acknowledges, for itself and on behalf of each of the other Releasors, that (i) the foregoing waiver of the provisions of Section 1542 of the California Civil Code is a material term and condition of this Agreement, (ii) this Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown and unsuspected Released Claims, if any, to the same effect as those terms and provisions relating to any other Released Claims hereinabove described, and (iii) that each is fully aware that they might hereafter discover facts or other information in addition to or different from those which they now know or believe to be true, with respect to the subject matter of the Released Claims. Nevertheless, the Releasors intend to hereby fully, finally, and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, which might now exist or heretofore might exist in connection with the Released Claims. The releases given herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts or information.

12. Indemnification.

13 (a) League shall at all times indemnify, defend and hold harmless each of the Releasees from and against any and all actions, causes of action, suits, debts, obligations, losses, damages, amounts paid in settlement, liabilities, costs and expenses whatsoever, including reasonable attorneys’ fees (collectively, “Losses”), whether arising out of a claim involving a third party or between the parties, resulting to, imposed upon, asserted against or incurred by any of the Releasees in connection with, arising out of or relating to (i) any breach of any representation, warranty, term, condition or covenant of this Agreement by any Releasor, (ii) the League’s and its Participants participation in the Program (including in connection with any medical treatment offered or given to Participants), (iii) the League’s use of the Website, (iv) any infringing or unauthorized use, or allegation of such use, of the Program Marks, MLS Marks or RCX Marks by any Releasor, (v) the ownership and operation of the League and its soccer or other programs, including the acts or omissions of any Participant, employee, coach, volunteer or other person associated therewith, (vi) any negligent act or omission or the willful misconduct, of any Releasor or (vii) any use, collection, disclosure, disposal, administration, transfer, processing, storage, licensing, transmission or other exploitation of any Data, or any data breach, whether by any Releasor, a third party vendor or any other person or entity.
(b) The applicable Releasee shall have the right to control and direct the investigation, defense, and settlement of any third-party claim, action or proceeding for which such Releasee is entitled to indemnification pursuant to Section 12(a) (each, a “Third-Party Claim”), at League’s expense. League will, if requested by the applicable Releasee, provide reasonable assistance to the applicable Releasee, at League’s sole expense, in defense of any such Third-Party Claim.

13. Limitation of Liability.

WITHOUT LIMITING SECTIONS 10, 11, AND 12, THE RELEASEES SHALL NOT BE

LIABLE UNDER ANY CIRCUMSTANCE FOR ANY CONSEQUENTIAL, INCIDENTAL,

EXEMPLARY, PUNITIVE, SPECIAL OR INDIRECT DAMAGES FROM (I) ANY CLAIM FOR

BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR

RELATED TO THE TRANSACTIONS OR RELATIONSHIPS CONTEMPLATED BY THIS AGREEMENT (INCLUDING LEAGUE’S AND ITS PARTICIPANTS’ PARTICIPATION IN THE

PROGRAM) OR ANY OTHER TRANSACTION, RELATIONSHIP, ACT, OMISSION OR EVENT

ARISING OR OCCURRING IN CONNECTION THEREWITH (INCLUDING ANY BODILY AND

PERSONAL INJURIES, DEATH, DISABILITY OR DAMAGE TO PERSONAL PROPERTY (AND THE CONSEQUENCES THEREOF) RESULTING FROM THE LEAGUE’S AND ITS PARTICIPANTS’ PARTICIPATION IN THE PROGRAM OR THE COST OF PROCUREMENT OF

GOODS AND SERVICES IN CONNECTION WITH THE PROGRAM) AND (II) THE USE OR THE

INABILITY TO USE THE WEBSITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED

OR TRANSACTIONS ENTER INTO THROUGH THE WEBSITE, OR ANY UNAUTHORIZED

ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES.

LEAGUE EXPRESSLY AGREES THAT PARTICIPATION IN THE PROGRAM AND USE OF THE WEBSITE IS AT THE LEAGUE’S SOLE RISK. THE PROGRAM AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RELEASEES EXPRESSLY

DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

THE RELEASEES MAKE NO WARRANTY THAT THE WEBSITE’S SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. THE RELEASEES DO NOT GUARANTEE THE

ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE WEBSITE. THE RELEASEES ARE NOT RESPONSIBLE FOR ANY ERRORS OR

14 OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

LEAGUE UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA

DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT LEAGUE’S OWN DISCRETION AND RISK AND THAT LEAGUE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LEAGUE’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

14. Miscellaneous.
(a) Governing Law; Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be performed entirely in the State of New York, without regard to principles of conflicts of law or choice of law of any jurisdiction that would cause the application of the law of another jurisdiction. (b) Dispute Resolution.
(i). In the event of any dispute between League and RCX (1) regarding the meaning or interpretation of this Agreement or any matters relating to League’s participation in the Program and (2) where League believes RCX has acted capriciously or arbitrarily, the Parties agree that such dispute shall be finally and conclusively resolved by confidential arbitration in the State of New York under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) existing as of the date of this Agreement, to a single arbitrator, who shall apply New York law to the dispute, regardless of any conflict of law principles. (ii). In the event League commences arbitration to resolve any dispute as contemplated by this Section, League shall pay all fees and costs associated with the arbitration, including RCX’s reasonable attorneys’ fees. In the event League prevails on all of League’s claims in arbitration, RCX shall be responsible for its equal share of the arbitrator’s fees and costs as well as its own attorneys’ fees. League shall bear the burden on persuasion on all issues subject to arbitration.

League expressly waives any and all rights to bring a lawsuit in state or federal court against RCX or to seek injunctive relief with respect to any dispute arising under this Agreement or any matter relating to League’s participation in the Program. All questions as to the meaning of this Agreement or as to the arbitrability of any dispute shall be determined by the arbitrator, whose decision shall be final and binding and shall not be subject to judicial review. Judgment on any arbitration award may be entered by any court having jurisdiction. (iii). League agrees that all claims described in this Section must be pursued on an individual basis only. League hereby waives their right to commence, or be a party to, any class or collective claims against the Releasors.
(c) Equitable Relief. League acknowledges that the rights granted by RCX under this Agreement possess a special, unique and extraordinary character that makes difficult the assessment of monetary damage that would be sustained by RCX as a result of any actual or threatened breach by League of any of the provisions of this Agreement. Accordingly, in the event of any such actual or threatened breach by League of any of the provisions of this Agreement, RCX, in addition to such other contractual, legal and equitable rights and remedies that may be available to RCX, shall have the right to take such steps as are necessary to prevent any such actual or threatened breach, including petitioning a court of competent jurisdiction for a temporary restraining order, a preliminary or permanent injunction or a decree for specific performance, in each case without being required to prove actual damages or furnish a bond or other security. The rights of RCX under this Section 14(b) shall survive the termination or expiration of this Agreement.

15 (d) WAIVER OF TRIAL BY JURY. TO THE EXTENT PERMITTED BY LAW, LEAGUE

IRREVOCABLY WAIVES ALL RIGHT OF TRIAL BY JURY IN ANY ACTION, PROCEEDING OR

COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY

OTHER AGREEMENT BETWEEN THE PARTIES, OR ANY MATTER ARISING HEREUNDER OR THEREUNDER.
(e) Cumulative Remedies; Waiver. Except as otherwise and specifically contemplated by this Agreement, all rights and remedies of RCX shall be cumulative and none shall exclude any other right or remedy at law or equity and said rights or remedies may be exercised and enforced concurrently. No waiver by RCX of any covenant or condition of this Agreement shall constitute a waiver by RCX of any subsequent breach of such covenant or condition or authorize the breach or non-observance on any other occasion of the same or any other covenant or condition of this Agreement. (f) Effect of Agreement; Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and to their respective permitted successors and assigns. League may not assign this Agreement or any of its rights or delegate any of its duties under this Agreement (whether voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner) to any other person or entity without the prior written consent of RCX. Any purported assignment or delegation in violation of this Section 14(e) shall be null and void. (g) Relationship of the Parties. The relationship of RCX and the League under this Agreement is that of independent contractors and nothing herein or in any related document or representation shall be construed to create or imply any relationship of employment, joint venture, agency, partnership, franchisorfranchisee, or any other relationship other than that of independent contractors. League acknowledges and agrees that it is engaged in a separate and independent business and shall not state, represent or imply any interest in or control over the business of RCX.
(h) Severability. If any provision of this Agreement is deemed invalid or unenforceable pursuant to any statute, regulation or rule of law, the remaining provisions of this Agreement will remain valid and enforceable.
(i) Third Party Beneficiaries. The parties agree that the MLS Releasees are express third party beneficiaries of any section that refers to MLS, Licensor, or the MLS Releasees, with full rights to directly enforce the same, and that no such section, nor this Section 14(i), may be amended without the prior written consent of Licensor. Other than as provided for in the previous sentence and for the rights of the Releasees in this Agreement, nothing in this Agreement is intended or shall be construed to confer on any other person other than the parties any rights or benefits under this Agreement. (j) Further Assurances. League shall execute, acknowledge and deliver, without additional consideration, such further assurances, instruments and documents, and shall take such further actions, as RCX shall reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated hereby.
(k) Construction. Whenever used in this Agreement, (i) the terms “include,” “includes,” and “including,” mean “include(s), but are not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive; (ii) the term “or” shall have the inclusive meaning identified with the phrase “or,” and (iii) references to any specific law, rule or regulation, or article, section or other division thereof, will be deemed to include the then-current amendments thereto or any replacement or successor law, rule or regulation thereof.

16 (l) No Construction Against Drafting Party. League has had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because any provisions of the Agreement were prepared by a particular party.
(m) Survival. The rights and obligations contained in this Agreement that by their nature would be intended to survive any termination or expiration shall survive any termination or expiration of this Agreement in perpetuity, including without limitation, Sections 4, 6, 9(b), 10, 11, 12, 13, and 14. (n) Authority. The individual singing or accepting this Agreement on behalf of League (“League Representative”) represents and warrants to the Releasees that League Representative has full legal authority to execute this Agreement on behalf of the League. League Representative represents and warrants that League Representative has been duly authorized to act as agent on behalf of the League in performing such execution. By executing this Agreement, League Representative agrees that the terms of this Agreement shall apply equally to League Representative and to League. [Signature Page to Follow]

17 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date set forth above by their duly authorized representatives.
[LEAGUE ENTITY NAME]
By:

Name:

Title:

RCX SPORTS, LLC
By:

Name:

Title:

18 SCHEDULE 1
[LEAGUE ENTITY NAME]

COMPLIANCE CERTIFICATE
[___________, 20__]
This certificate (“Certificate”) is being delivered pursuant to Section 5(f) of that certain MLS GO Operator Agreement, dated as of [_________] (the “Operator Agreement”), by and between RCX Sports, LLC and [League Entity Name] (the “League”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms as set forth in the Operator Agreement. The undersigned, on behalf of the League, in his or her capacity as an officer and not in any individual capacity, hereby certifies that:

1. The League has performed or complied all terms and conditions Section 5 and 6 of the Operator Agreement.

2. The League has performed or complied in all material respects with all other agreements and covenants contained in the Operator Agreement to be performed or complied with by the League.

3. The League has disclosed all Major Owners, including the relevant name and current ownership percentage. As of the date hereof, the following are Major Owners of the League:

Major Owner Relevant Ownership Interest
[Signature Page to Follow]

19 IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf of the League as of the date and year first written above.

[LEAGUE ENTITY NAME]

By:

Name:

Title:

20 Exhibit A
Territory
Territory: The following zip codes constitute the Territory:
[INSERT ZIP CODES]

21 Exhibit B
Program Marks
MLS GO

9 Attachment B

WHAT IS MLS GO?
THE RECREATION SOCCER PROGRAM OF MLS.

Built for all children ages 4-14 to increase participation and access for boys and girls outside of the existing soccer ecosystem. MLS GO engages with existing community
organizations and local programs to provide kids with a fun, affordable, local soccer experience.

ELEVATED RECREATIONAL, INTRO SOCCER EXPERIENCE.

Aspiring to remove barriers and provide greater access
regardless of talent level, age, gender, financial capacity, or location.

PROVIDING ALL KIDS THE OPPORTUNITY

TO PLAY
2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

How Does MLS GO Work?
MLS has partnered with RCX Sports, the leaders in youth grassroots sports experiences, to manage and operate MLS GO.

RCX Sports is working with mission-aligned league operators to operate MLS GO rec leagues (established & new) in communities across the country.

RCX Sports works with local operators to introduce the MLS GO program, with a focus on growing the game through a fun, affordable, and local approach supported by MLS GO branding and uniforms.

Participants can continue to sign up for their local rec leagues in a season format (usually 8- 10 weeks, with one practice and one game per week) now partnered with MLS GO. 2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

Becoming a MLS GO League
MLS GO makes it simple for local operators to onboard & operationalize their leagues – no matter if they are long-time, veteran or first-time, rookie operators. ‣ Sign up, gear up, & MLS GO…
‣ MLS GO League Growth team sourcing & guiding new operators through signup flow ‣ League Operator agreement outlining basic operating, IP sublicensing, & territory guidelines
‣ Up-to-date compliance, safety, & insurance certificates confirmed on RCX platform ‣ Note: RCX bypasses typical supplier bid processes with local orgs due to full-scale branded offering
‣ Honed, step-by-step process from onboard to launch
‣ Driven by MLS GO League Success team, a cross-functional effort including marketing, supply fulfillment, & customer service, starting 4-6 months prior to opening day ‣ 4-6 Months to Launch: develop consistent league marketing message utilizing MLS GO Media Valet, a database of plug-and-play, pro league branded templates for marketing assets
‣ 1-3 Months to Launch: open registration & continue promoting league signups ‣ 1 Month to Opening Tip: last push promotions & final call for registration; close registration, team form, & receive uniforms
2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

OFFICIAL MLS PROGRAM
Official youth recreation soccer
league experience of pro soccer,
supported with benefits and
promotion from MLS and its Clubs,
offered exclusively through RCX
Sports

ALWAYS-ON SUPPORT
From sign up to launch, RCX Sports
provides a full-service model and
framework to run leagues more
efficiently across operations,
customer service, and safety policies

HIGH-QUALITY EXPERIENCE
Official MLS GO club branded
uniforms (reversible jersey, shorts,
socks) fulfilled by RCX and
provided as part of an affordable
licensing fee per athlete.

REGISTRATION & TECHNOLOGY

PLATFORMS
RCX handles equipment orders and
offers a league management,
scheduling, and other vital tools all
in one place, saving operators
valuable time

MARKETING ASSETS TO FUEL
GROWTH
Turnkey, elevated creative assets
provided by RCX a compelling, yet
easy-to-use way to promote local
league and grow participation

ON-FIELD TOOLS
Expert-based coaching, parent, and
referee resources included to
provide the best experience for the
participants
MLS GO Offering to Local Operators
MLS GO offering includes full access to RCX’s platform at $35 per player* & no upfront fee *$40 per player is certain markets, but includes a ticket to an MLS match 2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

‣As part of participation in MLS GO, every player will
receive an MLS GO uniform incl. reversible jersey,
shorts, & socks
‣ Strategically located warehouses allow for industrybest fulfillment turnaround timing, allowing leagues to extend registration & increase participation
‣Flexible manufacturing & custom decoration
capabilities ranging from local league logo inclusion,
lettering & numbering
‣Additional on-field branded merch, gear, &
equipment and fan gear available for to amplify the
experience
Play Like the Pros – MLS GO Branded
Uniform & Gear
2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

MLS GO Support & Resources – Curriculum
The MLS GO curriculum is a practical and accessible coaching tool designed with the volunteer coach in mind.

The curriculum will live on the MLS GO website (desktop and mobile versions) and within the TeamSnap/MOJO app, as a featured soccer curriculum for all audiences.

Further development of the curriculum will involve videos for each training session accessible via mobile devices at fields everywhere.

Organized by age (U4-U5, U6-U7, etc.), each manual contains guidance to aid the coach throughout the season.

The 8 Chapters within each age include:
• Player/child characteristics by age
• Key player qualities to develop by age
• How to manage the child at each age
• Setting up for game day
• 12 sets of training sessions
2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

MLS GO Support & Resources - Marketing Assets
Solutions to League Operators:
‣ Strategic guidance to meet marketing goals
‣ Industry expertise for effective promotions
‣ Custom-branded ”plug-and-play” asset templates
to showcase leagues
Benefits of Partnering with MLS GO:
‣ Represent & leverage the MLS GO brand
‣ Utilize marketing resources to increase participation ‣ Promote your league professionally
Scaled internal marketing team supporting MLS GO league operator partners EXAMPLE SOLUTION: MEDIA VALET ASSET HUB
Portal offering all handbooks, logos, marketing templates & graphics to use in your marketing and promotion
2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

MLS GO Support & Resources –
Player Access Fund
With a continued commitment to provide greater access to the sport, MLS has made a financial commitment to ensure as many players as possible can play in MLS GO leagues by removing financial barriers to participation.

Facilitated through the RCX Sports Foundation, MLS GO provides an application system to allow any family or organization needing financial support to apply to the program and receive a grant to subsidize participant costs. This program will scale over time via:

Sponsorship revenue
MLS financial commitment
Registration revenue
2024 MAJOR LEAGUE SOCCER CONFIDENTIAL & PROPRIETARY

18 CONTACT US
Mike Kepler
[email protected]
Chris Nolan
[email protected]
Jonathan Houghton
[email protected]
www.MLSGO.com [email protected]

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 1 of 2

STAFF REPORT
Date: April 2, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: TransTech Proposal for Public Works Oversight Services

RECOMMENDATION
The City Council is requested to authorize the City Manager to execute TransTech Proposal for Public Works Oversight Services.

BACKGROUND
The staff is requesting the City Council authorize the City Manager to execute a proposal from TransTech for Public Works Oversight Services for the position of Director of Public Works.

The position of Director of Public Works has been filled in an acting role since November 2023.

Our Human Resources Department has conducted a recruitment process that did not lead to a suitable candidate being identified. The City conducted a second recruitment process with a talent agency that did not lead to successful recruitment.

ANALYSIS
TransTech will be designating a member of their team to carryout out the roles and responsibilities of Director of Public Works in an acting capacity. The designated individual will report to the city manager and oversee the department, its staff, and the implementation of current and upcoming projects.

TransTech will bill the city at the discounted hourly rate of $190/hour. The regular rate is $220/hour. This agreement is proposed to be for a three-month period with the option to extend an additional 3 months if needed.

TransTech has proposed Director level services will not exceed the amount of $45,600 (20 hours a week x 12 weeks x $190 hour) for Public Works Oversight Services.

Item Number
14E

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 2 of 2

CONCLUSION
Recommending that the City Council authorizes the City Manager to enter into an agreement with TransTech for Public Works Oversight.

STRATEGIC PLAN CORRELATION
Goal E: City Infrastructure and Service Delivery

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

Goal F: Communication and Outreach

6. Explore opportunities for efficiency through insourcing and outsourcing

FINANCIAL IMPACT
The cost of these services will be not to exceed $45,600 for a three-month period. This will be funded through cost savings in vacant General Fund positions and substantial direct cost reimbursement from grants.

ATTACHMENTS
A. TransTech Proposal for Public Works Oversight Services B. PowerPoint Presentation

Proposal, AS-NEEDED TEMPORARY DEPUTY PW DIRECTOR SUPPORT SERVICES March 18, 2024
City of Cudahy
Attn: Alfonso Noyola, City Manager
5220 Santa Ana St
Cudahy, CA 90201
E: [email protected]
Subject: Transtech Proposal for Public Works Oversight Services Dear Mr. Noyola,
Transtech is pleased to submit this Letter of Proposal to the City for the temporary Public Works Oversight Services to the City of Cudahy.
• Scope of Work: Transtech commits to supplying a highly qualified team member to deliver Public Works Oversight services. The designated senior staff member assigned to the City of Cudahy will have extensive experience in overseeing Public Works Departments for various public agencies. This assigned individual will be available to report to City Hall in person 1 to 3 times a week, along with remote availability, with scheduling arrangements to be coordinated and determined with the City Manager.
• Billing Rate: Transtech’s typical billing rate for this position and senior level staff is $220/hour. As our commitment to the City of Cudahy, Transtech will provide these services at a discounted hourly rate of $190/hour.
• Proposal Time Period: This proposal is for a 3 month period, averaging 20 hours a week as requested by the City.
• Proposed Fee: This proposal is based on the above timeline of 12 weeks (3 months) at a not to exceed amount of $45,600 (20 hours a week x 12 weeks x $190/hour) for Public Works Oversight Services.

Brief Company Profile: Established in 1989, Transtech (a California Corporation) is a multi-disciplinary engineering consulting firm. Transtech has been in business for 35 years and is providing municipal services to over 70 public agencies.

Extensive Experience in Municipal Engineering and Working with Public Agencies: One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities.

We are accustomed to working with public agencies and have a good understanding of public agency procedures and policies. We have extensive experience in preparing staff reports and presentations to City Council, Boards and public, and in communicating effectively with diverse audiences and stakeholders at public forums. We have managed large and complex projects, which involved multiple agencies and jurisdictions. Several of our staff members are former City Engineers, Public Works Directors.

Multi-disciplinary Service Capabilities: Our service capabilities include the below.

Attachment A

Transtech Proposal for Public Works Oversight Services
Attachments 2
• Building & Safety Services, Building Inspection, Plan Check, Building Evaluations, City Building Official, Code Enforcement
• Civil Engineering,
• Staff Augmentation
• CIP Program Management
• Construction Management and Inspection
• Federally Funded Project Management and Grant Writing • CDBG Project Management
• City Engineer, City Traffic Engineer,
Development Review, Public Works
Engineering, Plan Check, Inspection
• Labor Compliance
• Planning Support
• Traffic and Transportation Planning and
Engineering
• Water Resources Engineering
• Surveying, Mapping, ALTA, ROW Eng
Experience in Federally Funded Projects: We have extensive experience in the management and administration of grant funded projects. Our staff members have completed Caltrans RE Academy for Federally and State Funded Projects. We follow guidelines and procedures of Caltrans Local Assistance Procedures Manual (LAPM).

Successful Record of Obtaining Grant Funds: Our team has proven track record in obtaining outside grants for its client cities. Our staff works with our client cities to find potential funding sources, and to prepare competitive applications for various programs. We have obtained extensive amount of funds for our client cities.

Experience with METRO: We work with METRO on a number of projects. Currently, we are managing 710 Mobility Improvement Projects for the Cities of Alhambra and Rosemead, which has total funding of over $200m.

Experience with Caltrans: Our team includes experienced staff members who have worked for CALTRANS and are intimately familiar with the standards and procedures, project development and approval process, and requirements. One of our Sr. Staff Member is former Deputy Director of Caltrans District 7.

Experience with LA County: We work and coordinate with LA County on a number of projects.

Large Pool of Experienced Staff and Resources: Transtech has a large pool of well experienced staff and resources (over 200) readily available to provide requested services, and respond to requests in a timely, efficient, and cost-effective manner.

Expedited/Off-Business Hours/Weekend Services: If the City receives a request from applicants for expedited and/or during off business hours and weekends inspection services, Transtech staff will provide additional resources to accommodate such a request.

Transtech has extensive experience working with Public Agencies/Cities in similar assignments. We are accustomed to working with governmental agencies, and have a good understanding of public agency issues, procedures, and policies. One of the unique qualifications of Transtech is that we serve public agencies as municipal contract service providers, including Contract City Engineer, City Traffic Engineer, Building Official, CIP Manager, Planner and in other capacities. Several of our staff members are former City Engineers, Public Works Directors.

Thank you for the opportunity to submit this proposal. Should you have any questions, or require additional information, please contact the undersigned.

Sincerely,
Melissa Demirci, RSP, Principal
E: [email protected]
C: 714-598-8896
Attachment: Transtech’s Hourly Rates for all Staff Classifications

Transtech Proposal for Public Works Oversight Services
Attachments 3
Transtech’s Fee Schedule for all staff classifications:

TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES - Effective through June 30, 2024 Rates are average, negotiable and can be modified to establish a fee for each assignment based on the specific project's scope, when such projects are identified by the City.

ENGINEERING CONSTRUCTION BUILDING & SAFETY
Field Technician $90 Labor Compliance
Analyst $152 Permit Technician $90
Engineering Technician $107 Funds Coordinator $158 Plan Check Technician/Analyst $124
Assistant CAD Drafter $130 Utility Coordinator $169 Building Inspector $124 Senior CAD Drafter $152 Office Engineer $152 Senior Inspector $141 Associate Designer $158 Construction Inspector $152 Plans Examiner/Checker $152 Senior Designer $169 Senior Construction
Inspector $164 Plan Check Engineer $169
Design Project Manager $209 Construction Manager $209 Deputy Building Official $169 Assistant Engineer $136 Resident Engineer $209 Building Official $181 Staff/Associate Civil
Engineer $164 PUBLIC WORKS INSPECTION PLANNING
Senior Civil Engineer $220 Public Works Inspector $152 Community Development Technician $90
Traffic Analyst Technician $124 Senior Public Works
Inspector $164 Planning Technician $96
Associate Traffic Analyst $147 Supervising PW
Inspector $169 Assistant Planner $136
Senior Traffic Analyst $169 SURVEY AND MAPPING Associate Planner $142 Professional Transportation
Planner $186 Survey Analyst $152 Senior Planner $174
Traffic Engineer Technician $107 Senior Survey Analyst $164 Planning Manager $186 Associate Traffic Engineer $164 2-Man Survey Crew $350 ADMINISTRATIVE STAFF Traffic Engineer $186 Survey & Mapping
Specialist $198 Administrative/Clerical $74
Senior Traffic Engineer $209 Licensed Land Surveyor $214 Project Accountant $90 Project Manager $192 FUNDING & GRANT WRITING
Senior Project Manager $209 Funds Analyst $147
Deputy City Engineer $181 Senior Funds Analyst $158
City Engineer $198 Graphic & Rendering
Designer $141
Principal Engineer $220 Grant Writer $174
Funds & Grant Project
Manager $198
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

CITY OF CUDAHY
APRIL 2, 2024

TRANSTECH PROPOSAL FOR PUBLIC WORKS OVERSIGHT SERVICES
Attachment B

BACKGROUND
November 2023
 Public Works Department vacant Director position.
 Staff augmentation to help Engineering and Maintenance Divisions.

December 2023 – March 2024
 City solicited Public Works Director position through:
 GovernmentJobs and private talent agency.
 Two unsuccessful recruitment processes.

ANALYSIS
 TransTech will provide an Acting Director of Public Works  Discounted hourly rate of $190/hour (as opposed to $220/hour)  Acting Director to average 20 hours/week
 Amount to not exceed $45,600 for initial 90-days
 Contract Term: 90-days with option for 90-day extension  Financial Impact
 The cost of these services will be not to exceed $45,600. This will be funded through cost savings in vacant General Fund positions and partial funding through cost reimbursement from grants.

RECOMMENDATION
City Council to authorize City Manager to execute contract with TransTech Engineers to provide staffing services for the Public Works Department.

CITY OF CUDAHY
APRIL 2, 2024

TRANSTECH PROPOSAL FOR PUBLIC WORKS OVERSIGHT SERVICES

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 1 of 2

STAFF REPORT
Date: April 2, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Johncito “John” Peraza, Assistant to the City Manager Subject: Resolution to Oppose Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act

RECOMMENDATION
The City Council is requested to adopt Resolution No. 24-07 opposing Initiative 21-0042A1, referred to as the “Taxpayer Protection and Government Accountability Act” (the “Measure”).

BACKGROUND/ANALYSIS
The Measure would amend the California Constitution, by adopting new and more stringent rules for raising taxes, fees, assessments, and other charges. These proposed amendments may also make it more difficult for the City to impose fines and penalties to property owners and corporations that violate local environmental, water quality, public health, public safety, fair housing, nuisance, and other laws and ordinances.

The Measure, if adopted, would retroactively void all state and local taxes or fees adopted after January 1, 2022, unless the tax or fee complies with the Measure.

Under the proposed Measure, voters are prohibited from amending the municipal code to impose, extend, or increase a tax or fee. Additionally, fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is defined as the “minimum amount necessary.” Examples of thisinclude planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.

The state and cities will have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.” Item Number
14F

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 2 of 2

The Measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The surrounding cities of Bell, Maywood, Downey, and Pico Rivera have adopted resolutions opposing the Measure.

CONCLUSION
The City Council is requested to adopt Resolution No. 24-07 Opposing Initiative 21-0042A1, referred to as the “Taxpayer Protection and Government Accountability Act.”

STRATEGIC PLAN CORRELATION
Goal D: Financial Stability and Transparency

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

FINANCIAL IMPACT
None.

ATTACHMENTS
A. Resolution No. 24-07
B. PowerPoint Presentation

RESOLUTION NO. 24-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUDAHY,CALIFORNIA OPPOSING INITIATIVE 21-0042A1,
REFERRED TO AS THE “TAXPAYER PROTECTION AND
GOVERNMENT ACCOUNTABILITY ACT”
WHEREAS, Initiative 21-0042A1 (the “Measure”) includes provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the Measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHERAS, the Measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the Measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

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

Section 1. The City Council of the City of Cudahy opposes Initiative 21-0042A1, and will join the growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state to oppose Initiative 21-0042A1.

Section 2. The City Council directs the City Clerk to email a copy of this adopted resolution to the League of California Cities at [email protected].

Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 2nd day of April 2024.

Jose R. Gonzalez
Mayor
ATTEST:

Richard Iglesias
City Clerk
Attachment A

Resolution No. 24-XX

CERTIFICATION

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. 24-07 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 2nd day of April 2024, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
City Clerk

CITY OF CUDAHY
APRIL 2, 2024
RESOLUTION TO OPPOSE INITIATIVE 21-0042A1, THE TAXPAYER PROTECTION

AND GOVERNMENT ACCOUNTABILITY ACT
Attachment B

RECOMMENDATION
Recommendation: The City Council is requested to adopt Resolution No. 24-XX opposing Initiative 21-0042A1, referred to as the “Taxpayer Protection and Government Accountability Act”.

BACKGROUND/ANALYSIS
 Measure adopts new and stricter rules for raising state & local taxes and fees.  This will affect the city’s ability to levy new or increase existing taxes, fees, assessments, and other charges.  Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.  All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date  This will affect the city’s ability to impose fines and penalties to property owners and corporations that violate local environmental, water quality, public health, public safety, fair housing, nuisance, and other laws and ordinances.  Require voter approval of fines and penalties for corporations and property owners that violate state and local laws

BACKGROUND/ANALYSIS
 Voters are prohibited from amending the municipal code to impose, extend, or increase a tax or fee.  Fees applied through planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking will be affected.
 Creates easier ways for any person or business to challenge revenue measures and sue to stop the collection of taxes.
 Retroactively reversing voter-approved measures that passed within the last year totaling at least $2 billion.  Retroactively voids all state and local taxes or fees adopted after January 1, 2022, unless the tax or fee complies with the Measure.
 County and State stand to lose billions in taxes and fees. Potential effect include the County and State becoming more competitive with the City for revenue.

CONCLUSION AND FINANCIAL IMPACT
 The City Council is requested to adopt Resolution No. 24-XX Opposing Initiative 21-0042A1, referred to as the “Taxpayer Protection and Government Accountability Act.”  Financial Impact: There is no fiscal impact with this item at this time.

RESOLUTION TO
OPPOSE
INITIATIVE 21-
0042A1, THE

TAXPAYER

PROTECTION AND

GOVERNMENT

ACCOUNTABILITY
ACT

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 1 of 2

STAFF REPORT
Date: April 2, 2024
To: Honorable Mayor/Chair and City Council/Agency Members From: Alfonso Noyola, City Manager/Executive Director
By: Joshua Calhoun, Finance Director/City Treasurer
Subject: Discussion – November 5, 2024 Election, Parcel Assessment Ballot Initiative

RECOMMENDATION
The City Council is recommended to discuss and if necessary, provide direction to move forward with all requirements associated with adding a ballot initiative increasing the annual levies on the properties within the Lighting Assessment District in the November 5, 2024 election.

BACKGROUND/ANALYSIS
In accordance with the Landscaping and Lighting Act of 1972, the City of Cudahy created its Lighting Assessment District to fund the operation and maintenance of the City’s streetlights.

Annual levies on the properties within the assessment district fund the ongoing maintenance of streetlightsin the City. The levies on the properties have not been increased in over 10 years, the cost of operation and maintenance over the last several years has outpaced the amount recovered by the City.

In the past, the City has retained Willdan Engineering, as a part of the existing services agreement, to provide annual administration services for the Lighting Assessment District, this includes both the audit and the 1972 Act District Administrative Services.

In an effort to recover the shortfall of revenues for existing streetlights, currently covered by the general fund, as the cost of electricity and maintenance increases. Continuing to have the general fund supplement the shortfall of assessments can impact the City’s ability to fund projects and services as the increases in cost would reduce available funding in the City’s budget. City staff is requesting discussion and possible direction from Council regarding the inclusion of a ballot initiative increasing the levy amount on the properties within the Lighting Assessment District in the November 2024 Election. If directed to, City staff will work with Willdan Engineering to ensure compliance with all notices and fee studies as required under state law and will return with proposed ballot measure language for Council discussion and possible approval.

Item Number
14G

“Serving The People” "Sirviendo A La Comunidad"
Staff Report
04/02/2024 Page 2 of 2

CONCLUSION
Staff are requesting discussion and possible direction from the City Council regarding the inclusion of a ballot initiative increasing the annual levy on the properties within the Lighting Assessment District for the November 5, 2024 election.

STRATEGIC PLAN CORRELATION
Goal D: Financial Stability and Transparency

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

FINANCIAL IMPACT
$10,000 payment to Willdan Engineering for all related studies, noticing, and drafting of ballot initiative.

ATTACHMENTS
A. Staff PowerPoint

CITY OF CUDAHY
APRIL 2, 2024
NOVEMBER 5, 2024 ELECTION ASSESSMENT BALLOT INITIATIVES Attachment A

BACKGROUND AND RECOMMENDATION
 Recommendation: To provide staff direction regarding the consideration of moving forward with adding a ballot initiative increasing the annual levies on the properties within the Lighting Assessment District in the November 5, 2024 election.
 Annual levies of the properties within the Assessment District fund the ongoing maintenance of streetlights in the City.

ANALYSIS
 Currently city receives only $73k in assessment on an annual basis and the assessment rate per parcel has not been increased in over 10 years.
 Supplementation from the general fund is approximately $250k per year as the cost of operation and maintenance has outpaced amount levied.

BALLOT INITIATIVE
 To cover shortfall of revenues for existing street lighting as the cost of electricity and maintenance of the street lighting has increased over the years and has had to have the General Fund to cover the deficits. Shall the City of Cudahy enact an increase in the existing assessment would bring in approximately $250,000 in additional revenues.

DIRECTION AND CORRELATION
 CONCLUSION
 Staff are requesting discussion and possible direction from the City Council regarding the inclusion of a ballot initiative increasing the annual levy on the properties within the Lighting Assessment District for the November 5, 2024 election.  STRATEGIC PLAN CORRELATION
 Goal D: Financial Stability and Transparency
 1. Develop clear, concise, materials to educate and engage the community about the City’s budget, finances, spending, and investments, and policies.

NOVEMBER 5,
2024 ELECTION

ASSESSMENT
BALLOT

INITIATIVES