Los Alamitos City Council
November 20, 2023

transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
1 I. 5 Indemnification Contractor shall defend, indemnify and hold the City. its officials. officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consu hams, and contractors arising out of or in connection with the performance of the this Agreement, including without limitation the payment of all consequential damages and reasonable attorneys fees and other related costs and expenses. Such indemnity shall apply to, without limitation, any and all claims related to advertising, patent, copyright, and trademark issues or rights. Contractor shall defend, at Contractor' s own cost and with counsel of Contractor and City' s mutual selection, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may he brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials. officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding.

Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/ or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, Contractor' s obligation to indemnify shall not he restricted to insurance proceeds, if any, received by the City, its directors, officials officers_ employees, agents, or volunteers.

3. 11. 6 Governing Law and Venue /' his Agreement shall be governed by and construed in accordance with the laws of the State of California. Any proceedings brought to interpret or enforce this Agreement shall be maintained solely in the state courts located in Orange County, California, or in the federal courts for the Central District of California.

3. 1 1. 7 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, including, without limitation, that agreement entered into between the Parties in 1991.

This Agreement contains all of the covenants and understandings between the Parties with respect to the subject matter hereof, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, shall be effective only if executed in writing and signed by City and Contractor, 3, 1 l.& Third PartgtRigins. No third party shall be deemed to have any rights hereunder against any of the Panics hereto as a result of this Agreement.

3. 1 1. 9
lime of l sscaee " rime is of the essence for each and every provision of this Agreement.

3. 11. 10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties,
OR N( 1t ., 10tH 1Y n _'. 11
12

3. 1 1. 1 1 Construction; uction; Referenec, y; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days, All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various au2icles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent cif this Agreement.

3. 1 1. 12 Amendment; Modification. No supplement, modifications or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3. 11. 13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3. 11. 14 ' invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect..
3, 11. 15 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3. 1 I.' 16 Equal Opportunity Employment. Contractor represents than it is an equal opportunity employer and it shall not discriminate against any , subcontractor, employee or applicant for employment because of nice, religion, color, national origin, handicap, ancestry, sex or age. . Such non- discrimination shall include, hut not he limited to, all activities related to initial employment, up grading. demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3. 1 1, 1 7
labor Cc rtmfication. By its , signature hereunder. Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfOft A N G RA M OH R fS? S i:22. 14 13

insurance in accordance with the provisions of that Code. and agrees to comply with such provisions before commencing the performance of the Services.

3. 11. 18 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right_ and authority to make this Agreement and bind each respective Party.

3. 11. 14 Count ttpa ts. This Agreement may he signed in countctpans, each of which shall constitute an original.

3. 11320 Prior Approval Required. Contractor shall not subcontract any portion of the work or services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3. 11. 21 $) andard of_Care. Contractor shall perform all work and services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California_ Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor represents that all employees and subcontractors shall have sufficient skill and experience to perform the work or services assigned to them, Finally.

Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work or services, including a City Business License, and that such licenses and approvals shall be oiaintained throughout the term of this Agreement.

3. I i 22 lttvs and Regulations, Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the work r services under this Agreement, including all Cal/ OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3. 1 1. 23 S ife,ty. Contractor shall execute and maintain its work and services so as to avoid injury or damage to any person or property. In carrying out its work and services, the Contractor shall at all times be to compliance with all applicable local, state and federal taws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations,
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14

3. 11 . 24 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may he necessary, appropriate OF convenient to attain the purposes of this Agreement. 3_ . 25 Attorney' s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney' s fees and all other costs of such action.

3. t . 26 Right of First Refusal. During the term of this Agreement, City may request Contractor to provide additional advertising or non- advertising bus shelters under the same terms of this Agreement and in accordance with applicable law. Approval of such additional bus shelters shall be by mutual written consent, in the form of a written amendment to this Agreement as provided for in Section 3. I. I and 3, 11. 12. If Contractor refuses City's request, nothing in this Agreement shall be construed to prevent the City from purchasing or installing additional advertising or non- advertising bus shelters at other locations within its jurisdiction, either through an agreement with another independent contractor or on its own, under any terms within the City' s sole discretion.

IN WITNESS WHEREOF, the parties have executed this Agreement on die date first above written.

SIGNATURES ON NEXTr PAGE].

RAN E:kmr)RRI`r:25. 422 t4
15

CITY OF LOS AIAMITOS
By: itiR
Mayor
Atiotit:

SSeletidie...

I - City Clerk
Apure N. ed as to Form:
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CI, EA R CHAilt INC.

By:

Gut.; i leGrath
Pr , thient, Southern California Diviiiiion
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EXHIBIT" A"

DESIGN OF NEW SI PETTERS
SEE PATES A- I Ti Rol A- 2
A"I1 ACIIF, D HERE. ro AND INCORPORATED HEREIN BY REFI RENC: 4 OIL N, I, ANIf h112,+° t 13
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Exm urlr
LOCATIONS OF Nr SNr1. TERs
Sry PACES 13- I THROI, GII 13- 20
ATTACHED ElERIC' r0 AND INCORPORATED HEREIN ItY REFERENCE.] ylr tl' AVlf) fili1ti'' s l'^ H
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BUS SHELTER LOCATIONS

LOCATION DESCRIPTION
1 Eastbound Katella Ave opp Civic Center Dr. 13' shelter vv/ 48" adbox 2 Southbound Los Alamitos El FS Katella Ave l ' sherm/ 18' ---' ad ox 3 Southbound Los Alarnitos UI. Opp, Farquhar Ave--'--- 13` shelter vv/ 48' ad bo 4 Southbound Los Alarriitos El. FSO an dA3' ahelto| v^| 6dbox 5 oot| hnuo Loo /\/ amitos8| ES Rossrnoor Way 13' shelter w/ 48' md box 6 Northbound Los Alarnitos RI. FS Bradbury Ave. 13' shelter vv/ 48" 3d box 7 Northbound Los Alamitos UI. PS Rossmoor Way 13' shelter w// 48" od box 8 Northbouna Los Alaniitos El. ES Orangewood Ave. --- 3' shelter / 48" 8 ----'--- 9 Northbound Los Alamos UI. FS Far | Ave 3' she|| er ---" adhox 10 Eastbound Katella Ave. ES Noel iS' sh6ie/ vW48^ uVbox 11 Westbound Ka|| Av FSP OUa1 | 0 r
l3' shelter vv/ 48" odbox
12NoAhho| nV Los A| an10r 8| F K18|| a Ave13' shelter v// 48" 0dbox 13 Northbound Los Alamitos El. Opp. Catu| ina 1 shelter 14 VY aAve. SWalnut---'- 1_~ vv«,` u_, _ v Sl l3' shelter vv/ 48'' adbox 15 Southbound Bloomfield St. FS Ball Rd -------- 13' shelter-`^-- b --- 16 Eastbound Ka e|| uA* E----| fo U
m 4 " box
Yxa ng / Ave. vC 13' shelter w/ 48" ad box
17 Eastbound Kalefla Ave. NS Maple St. she| tCm// 48' udx '-- 18 Eastbound Katella Ave. opp Walker St. 1 ' sh|[ d0ox
19VVentbuoodKate|| 3Ave FS | Lexington 8 D r l shelter w// 48" 8dbox

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EXHIBIT" C"
CONTRACTOR CODE OF ALIN ERl' IsINC PRACTICES
SE.I PAGE C- 1
ATTA.(`I1ED HERETO AND INC( 1RP() RA I TA) HEREIN IW REVERENCE.] DI< 1A41 - AMoR.R SC.“- . 2 14
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Professional Services Agreement
City of Los Alamitos/ Clear Channel Inc. a Delaware Corporation AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT
City of Los Alamitos and Clear Channel Inc.)
This Amendment No. 2 (" Amendment") to Professional Services Agreement Agreement") is made on this 21st day of August, 2017 at Los Alamitos, California, by and between the City of Los Alamitos, a municipal corporation, 3191 Katella Ave., Los Alamitos, California 90720 (" City") and Clear Channel Outdoor, Inc. A Delaware Corporation, 19320 Harbor Gateway Torrance, CA 90501 (" Contractor").

This " Amendment" modifies the original " Agreement" between the " City" and the Contractor" dated June 7, 2006 in the following fashion:

A." City" and " Contractor" desire to amend the " Agreement" by modifying section 3. 1. 2 Term of Agreement to exercise the second of five, one year extensions expiring June 7, 2018.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

City" Consultant"
City of Los Alamit. Clear Ch 4 utd s or
fi By:

Shelley se brink, Mayor Creg Mc Grath President
Southern California Division
c
Date: Jit 11
Date: / Z3( 9 -' \.

By: -
len Gagnonk President
Finance
Attest:

I °
Date: 0-0
A I
By: /
in merd,Quintanar, CMC, Cit' ' lerk
Date: iq11
Approv.• . s to fo .

By:

Cary S. ' eisman, City Attorney

AMENDMENT No. 3 TO BUS SHELTER LICENSE AND

MAINTENANCE AGREEMENT
City ofLos Alamitos/ Clear Channel Outdoor, Inc.]
This Amendment No. 3 to Bus Shelter License and Maintenance Agreement Amendment") is made and entered into on this 21st day of May, 2018 by and between the City of Los Alamitos, a California charter city and municipal corporation,(" City") and, Clear Channel Outdoor Inc., a Delaware corporation (" Contractor"), 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Agreement for Bus Shelter License and Maintenance Services( as amended, the" Agreement") on June 7, 2006, and is incorporated herein by this reference.

B. Section 3. 1 of the Agreement states that said Agreement shall continue for ten ( 10) years from the effective date of the Agreement. Section 3. 1. 2 of said Agreement also states that City Council and Contractor shall have the right to renew said Agreement for up to five( 5) one- year extensions.

C. City and Contractor desire to memorialize City and Contractor' s election to exercise the third of five 1- year options per Section 3. 1. 2 of the Agreement.

NOW, THEREFORE, City and Contractor mutually agree as follows:

1. City and Contractor acknowledge and agree that City and Contractor have duly exercised the third of the five 1- year extensions of the Agreement as set forth in Section 3. 1. 2 thereof. QC i¢, es ts/ 1 a

2. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

3. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions of this Amendment.

1277059. 1

IN WITNESS WHEREOF, the parties hereto have executed and entered into this Amendment as of the date first written above.

City"
City of Los Alamitos
111
By: it/I/ Of
Troy . E; Tar
Mayor
APPROVED AS TO FORM. ATTEST:

Woodruff, Spradlin& Smart, APC
etia NNW.

By: By: A - . IPV/ P/ Fryff
Michael S. Daudt Windmer.. Quintanar, CMC
City Attorney City Clerk
Contractor"
Clear Channel Outdoor, Inc.

BY; lc'
reg M rat
Seni 9,0ice President and
Regional President, Southern California

1277059. 1

AMENDMENT No. 4 TO BUS SHELTER LICENSE AND MAINTENANCE

AGREEMENT
City of Los Alamitos and Clear Channel Outdoor, Inc.]
This Amendment No. 4 to Bus Shelter License and Maintenance Agreement Amendment") is made and entered into on this 20thth day of May, 2019 by and between the City of Los Alamitos, a California charter city and municipal corporation, (" City") and, Clear Channel Outdoor Inc., a Delaware Corporation (" Contractor"), 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Bus Shelter License and Maintenance Agreement on June 7, 2006( the" Original Agreement"), which is incorporated herein by this reference.

B. Section 3. 1. 2 of the Agreement provides for an initial agreement term of ten 10) years, with the right to renew for up to Five ( 5) one- year extensions.

C. By separate amendments, City and Contractor have previously agreed to renew the Agreement for three ( 3) of the five (5) one- year extensions.

D. City and Contractor desire to exercise the fourth ofthe five one- year extension options per Section 3. 1. 2 of the Agreement by executing this Amendment.

NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged, City and Contractor mutually agree as follows:

1. City and Contractor acknowledge and agree that City and Contractor have duly exercised the fourth of the five one- year extensions of the Agreement as set forth in Section

3. 1. 2 thereof. The effective term of the Agreement is hereby extended to June 6, 2020.

2. Except as expressly modified above, all terms and conditions ofthe Agreement shall remain unchanged and in full force and effect.

3. The persons executing this Amendment on behalf ofthe parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions of this Amendment.

IN WITNESS WHEREOF, the City and Contractor have executed and entered into this Amendment as of the date first written above.

City"
City of Los Alamitos
By:

Warren Kusumoto
Mayor
APPROVED AS TO FORM ATTEST:

Woodruff, Spradlin & Smart, APC
1 By y ,_ _
rifill111111
EPAP RKKV 1
Michael S. Daudt Wind era Quintanar, MMC
City Attorney City Clerk
Contractor"
Clear Chann•` '% utdoor, Inc.

By: KAaiiiiA(/
Greg McGrath
Senior Vice President and
Regional President, Southern
California

DocuSign Env lope ID: 70A64E64- 55C1- 4722- 832F- 7489FEC55D4C AMENDMENT No. 5 TO BUS SHELTER LICENSE AND MAINTENANCE

AGREEMENT
City ofLos Alamitos and Clear Channel Outdoor, Inc.]
This Amendment No. 5 to Bus Shelter License and Maintenance Agreement Amendment") is made and entered into on this 20th day of April, 2020 by and between the City of Los Alamitos, a California charter city and municipal corporation,(" City") and, Clear Channel Outdoor, LLC, a Delaware limited liability company, as successor- ininterest to Clear Channel Outdoor Inc., a Delaware Corporation (" Contractor"), 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Bus Shelter License and Maintenance Agreement on June 7, 2006 ( the" Original Agreement"), which is incorporated herein by this reference.

B. Section 3. 1. 2 of the Agreement provides for an initial agreement term of ten 10) years, with the right to renew for up to Five ( 5) one- year extensions.

C. By separate amendments, City and Contractor have previously agreed to renew the Agreement for four( 4) ofthe five (5) one-year extensions.

D. City and Contractor desire to exercise the fifth of the five one- year extension options per Section 3. 1. 2 of the Agreement by executing this Amendment.

NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged, City and Contractor mutually agree as follows:

1. City and Contractor acknowledge and agree that City and Contractor have duly exercised the fifth of the five one- year extensions of the Agreement as set forth in Section

3. 1. 2 thereof. The effective term of the Agreement is hereby extended to June 6, 2021.

2. Except as expressly modified above, all terms and conditions ofthe Agreement shall remain unchanged and in full force and effect.

3. The persons executing this Amendment on behalf ofthe parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions of this Amendment.

DocuSign Env !. ope ID: 70A64E64- 55C1- 4722- 832F- 7489FEC55D4C IN WITNESS WHEREOF, the City and Contractor have executed and entered into this Amendment as ofthe date first written above.

City"
City of Los Alamitos
By:_
Richard Murphy
Mayor
APPROVED AS TO FORM ATTEST:

Woodruff, Spradlin& Smart, APC
I
t—DocuSigned by: I /', I ik,
By: Mac, u,(. . Oauk By: A
Michael .

U Z
tzat
4Uh4 5 .
in ittatilkeIN era Quintanar, MM
City Attorney City Clerk
Contractor"
Clear Channel Outdoor, LLC
By:

Greg Mc ath
Senior Vice President and
Regional President, Southern
California

DocuSign Envelope ID 03F9E258- 62E8- 495C- AF83- C9E7A11 E4708 AMENDMENT No. 6 TO BUS SHELTER LICENSE AND MAINTENANCE

AGREEMENT
City ofLos Alamitos and Clear Channel Outdoor, LLC.]
This Amendment No. 6 to Bus Shelter License and Maintenance Agreement Amendment") is made and entered into on this 17t" day of May, 2021 by and between the City of Los Alamitos, a California charter city and municipal corporation(" City"), and Clear Channel Outdoor, LLC, a Delaware limited liability company, as successor- in-interest to Clear Channel Outdoor Inc., a Delaware Corporation (" Contractor"), 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Bus Shelter License and Maintenance Agreement on June 7, 2006 ( the" Agreement"), which is incorporated herein by this reference.

B. Pursuant to the Agreement, Contractor constructed and has subsequently maintained nineteen ( 19) advertising bus shelters at designated public locations throughout the City.

C. As extended by Amendments Nos. 1 through 5, each of which are incorporated herein by this reference, the Agreement will expire on June 6, 2021 unless extended.

D. City is in the process of circulating a formal Request for Proposals (" RFP") that will result in a new long- term Bus Shelter License and Maintenance Agreement with the selected proposer.

E. To ensure continued maintenance of the advertising bus shelters during the RPF process and until a new long- term Bus Shelter License and Maintenance Agreement is reached, City and Contractor desire to extend the term of the Agreement until December 31, 2021, except as may be earlier terminated.

NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged, City and Contractor mutually agree as follows:

1. Section 3. 1. 2 of the Agreement is hereby amended and restated in its entirety to read as follows:

3. 1. 2 Term of Agreement. This Agreement shall continue in full force and effect until December 31, 2021, unless earlier terminated in accordance with Section 3. 8 of this Agreement."

2. New Section 3. 8. 3 is hereby added to the Agreement to read as follows:
1579162. 1

DocuSign Envelope ID: 03F9E258- 62E8- 495C-AF83- C9E7A11 E4708

3. 8. 3 Termination without Cause. Effective June 7, 2021, City shall have the right to terminate this Agreement at any time, with or without cause, upon thirty( 30) days written notice to Contractor, except that where termination is due to the fault ofthe Contractor and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as may be appropriate."

3. Except as expressly modified above, all terms and conditions ofthe Agreement shall remain unchanged and in full force and effect.

4. The persons executing this Amendment on behalf ofthe parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions of this Amendment. signatures on following page]
1579162. 1

DocuSign Envelope ID: 03F9E258- 62E8- 495C- AF83- C9E7A11 E4708 IN WITNESS WHEREOF, the City and Contractor have executed and entered into this Amendment as of the date first written above.

City"
City of Los Alamitos
DocuSigned by:

By:[ arcA
7AeC ITS, e, c..

Mark A. Chirco
Mayor
APPROVED AS TO FORM ATTEST:

Woodruff, Spradlin & Smart, APC
By:

DocuSigned by: DocuSigned by:
rWiwi, S. au
By
iAtawat ra Ar iln.fa1tiaV'
e z c a» en a... 5/ 25/ 2021 Michael S. Daudt Windmera Quintanar, MMC City Attorney City Clerk 5/ 26/ 2021
Contractor"
Clear Channel Outdoor, LLC
r—DocuSigned by:

By:

A9l: 3UA2A91 Ub...
5/ 25/ 2021 G(ireg Mc rath
Senior Vice President and
Regional President, Southern
California
1579162. 1

DocuSign Envelope ID: BBBA2EF6- 9A3A-4DA8-A7A5-67F057AF55C6 AMENDMENT No. 7 TO BUS SHELTER LICENSE AND MAINTENANCE

AGREEMENT
City ofLos Alamitos and Clear Channel Outdoor, LLC.J
This Amendment No. 7 to Bus Shelter License and Maintenance Agreement Amendment") is made and entered into on this 15th day of November, 2021 by and between the City of Los Alamitos, a California charter city and municipal corporation City"), and Clear Channel Outdoor, LLC, a Delaware limited liability company, as successor- in-interest to Clear Channel Outdoor Inc., a Delaware Corporation Contractor"), 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Bus Shelter License and Maintenance Agreement on June 7, 2006 (the" Agreement"), which is incorporated herein by this reference.

B. Pursuant to the Agreement,, Contractor constructed and has subsequently maintained nineteen ( 19) advertising bus shelters at designated public locations throughout the City.

C. As extended by Amendments Nos. 1 through 6, each of which are incorporated herein by this reference, the Agreement will expire on December 31, 2021 unless extended.

D. City is in the process of re- circulating a formal Request for Proposals(" RFP") that will result in a new long- term Bus Shelter License and Maintenance Agreement with the selected proposer.

E. To ensure continued maintenanceof the advertising bus shelters during the RPF process and until a new long- term Bus Shelter License and Maintenance Agreement is reached, City and Contractor desire to extend the term of the Agreement until June 30, 2022, except as may be earlier terminated.

NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged, City and Contractor mutually agree as follows:

1. Section 3. 1. 2 of the Agreement is hereby amended and restated in its entirety to read as follows:

3. 1. 2 Term of Agreement. This Agreement shall continue in full force and effect until Jung 30, 2022, unless earlier terminated in accordance with Section 3. 8 of this Agreement."

2. Except as expressly modified above, all terms and conditions of the Agreement shall remain unchanged and in full force and effect.

DocuSign Envelope ID: BBBA2EF6- 9A3A- 4DA8- A7A5- 67F057AF55C6

3. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to ex'' cute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions ofthis Amendment.

IN WITNESS WHEREOF, the City and Contractor have executed and entered into this Amendment as of the date first written above.

City"
City of Los Alamitos
By: LDocuSigned
by:
kart. OkirCO 7 6EE 1E5 A¢ FE_.

Mar`KC . irco
Mayor 12/ 30/ 2021
APPROVED AS TO FORM ATTEST:

Woodruff, Spradlin& Smart, APC
DocuSigned by: pDocuSigned by:
kidkAtt, S. VWiUA,44d-v'a Ct utt r
54BCC2684CA84o9...

Michaef . auc
By:

Windmera Quintanar, MMC
City Attorney City Clerk 12/ 30/ 2021
12/ 30/ 2021
Contractor"
Clear Channel Outdoor, LLC
r—DocuSigned by:

By: '- 96A9C3DA2A924D5...

Greg McGrath
Senior Vice President and
Regional President, Southern
California 12/ 27/ 2021

DocuSign Envelope ID: CE1D313B- 8FA4- 4A80- BF53- 49C9A9587362 AMENDMENT No. 8 TO BUS SHELTER LICENSE AND MAINTENANCE

AGREEMENT
City ofLos Alamitos and Clear Channel Outdoor, LLC.J
This Amendment No. 8 to Bus Shelter License and Maintenance Agreement Amendment") is made and entered into on this 18t day of April, 2022 by and between the City of Los Alamitos, a California charter city and municipal corporation(" City"), and Clear Channel Outdoor, LLC, a Delaware limited liability company, as successor- ininterest to Clear Channel Outdoor Inc., a Delaware Corporation (" Contractor"), 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Bus Shelter License and Maintenance Agreement on June 7, 2006( the" Agreement"), which is incorporated herein by this reference.

B. Pursuant to the Agreement, Contractor constructed and has subsequently maintained nineteen ( 19) advertising bus shelters at designated public locations throughout the City.

C. As extended by Amendments Nos. 1 through 7, each of which are incorporated herein by this reference, the Agreement will expire on June 30, 2022 unless extended.

D. City is in the process of re- circulating a formal Request for Proposals(" RFP") that will result in a new long- term Bus Shelter License and Maintenance Agreement with the selected proposer.

E. To ensure continued maintenance of the advertising bus shelters during the RPF process and until a new long- term Bus Shelter License and Maintenance Agreement is secured, City and Contractor desire to extend the term ofthe Agreement until June 30, 2023, except as may be earlier terminated.

NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged, City and Contractor mutually agree as follows:

1. Section 3. 1. 2 of the Agreement is hereby amended and restated in its entirety to read as follows:

3. 1. 2 Term of Agreement. This Agreement shall continue in full force and effect until June 30, 2023, unless earlier terminated in accordance with Section 3. 8 of this Agreement."

2. Except as expressly modified above, all terms and conditions of the Agreement

DocuSign Envelope ID: CE1D313B- 8FA4- 4A80- BF53- 49C9A9587362 shall remain unchanged and in full force and effect.

3. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions of this Amendment.

IN WITNESS WHEREOF, the City and Contractor have executed and entered into this Amendment as of the date first written above.

City"
City of Los Alamitos
D/ocuu/Signedyyblly: //
I `
lAG iS 0" d4"?
By: —/
ellifE//y1 ra 5/ 23/ 2022e e asselbrink
Mayor
APPROVED AS TO FORM ATTEST:

Woodruff, Spradlin& Smart, APC
e— DocuSigned by: DocuSigned by:

By AkiCUta S. PA A By: 56,1/mum . it/41/W
ULHULLtUr4Vr418.., 5/ 23/ 2022 J4Lfl. LL6tl4LF584UU.

Michael S. Daudt Windmera Quintanar, MMC
City Attorney City Clerk
5/ 23/ 2022
Contractor"
Clear Channel Outdoor, LLC
DocuSigned by:

By:

Greg McGrath 5/ 20/ 2022
Senior Vice President and
Regional President, Southern
California
gregmcgrath( c_ clearchannel. c
om

AMENDMENT No. 9 TO BUS SHELTER LICENSE AND MAINTENANCE

AGREEMENT
City of Los Alamitos and Clear Channel Outdoor, LLC.]
This Amendment No. 9 to Bus Shelter License and Maintenance Agreement Amendment”) is made and entered into on this 17th day of April, 2023 by and between the City of Los Alamitos, a California charter city and municipal corporation (“City”), and Clear Channel Outdoor, LLC, a Delaware limited liability company, as successor - ininterest to Clear Channel Outdoor Inc., a Delaware Corporation (“ Contractor”), with a principal place of business located at 19320 Harborgate Way, Torrance, CA 90501.

RECITALS
A. City and Contractor entered into that certain Bus Shelter License and Maintenance Agreement on June 7, 2006 ( the “ Agreement”), which is incorporated herein by this reference.

B. Pursuant to the Agreement, Contractor constructed and has subsequently maintained nineteen (19) advertising bus shelters at designated public locations throughout the City.

C. As extended by Amendments Nos. 1 through 8, each of which are incorporated herein by this reference, the Agreement will expire on June 30, 2023 unless extended.

D. City is in the process of re-circulating a formal Request for Proposals (“ RFP”) that will result in a new long- term Bus Shelter License and Maintenance Agreement with the selected proposer.

E. To ensure continued maintenance of the advertising bus shelters during the RPF process and until a new long-term Bus Shelter License and Maintenance Agreement is secured, City and Contractor desire to extend the term of the Agreement until December 31, 2023, except as may be earlier terminated.

NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged, City and Contractor mutually agree as follows:

1. Section 3.1.2 of the Agreement is hereby amended and restated in its entirety to read as follows:

3.1.2 Term of Agreement. This Agreement shall continue in full force and effect until December 31, 2023, unless earlier terminated in accordance with Section 3.8 of this Agreement.”

2. Except as expressly modified above, all terms and conditions of the Agreement DocuSign Envelope ID: 91223FEE- 99BF-45BC- 89CB- 1D17672F4F6C

shall remain unchanged and in full force and effect.

3. The persons executing this Amendment on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment on behalf of said parties and that by so executing the parties are formally bound to the provisions of this Amendment.

IN WITNESS WHEREOF, the City and Contractor have executed and entered into this Amendment as of the date first written above.

City”
City of Los Alamitos
By:_
Tanya Doby
Mayor
APPROVED AS TO FORM ATTEST:

Woodruff, Spradlin & Smart, APC
By:_ By:_
Michael S. Daudt Windmera Quintanar, MMC
City Attorney City Clerk
Contractor”
Clear Channel Outdoor, LLC
By:_
Greg McGrath
Senior Vice President and
Regional President, Southern
California
DocuSign Envelope ID: 91223FEE- 99BF-45BC- 89CB- 1D17672F4F6C 5/ 23/ 2023
5/ 23/ 2023
5/ 23/ 2023
5/ 23/ 2023

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023 ITEM NUMBER: 11O
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Resolution No. 2023-27 - Federal Transportation Improvement Program (FTIP)

SUMMARY
Orange County Transportation Authority (OCTA) has requested the adoption of Resolution 2023-27 to affirm the City’s commitment to the projects submitted in the 2025 Federal Transportation Improvement Program (FTIP).

RECOMMENDATION
Adopt Resolution No. 2023-27, entitled, “A RESOLUTION OF THE CITY OF LOS ALAMITOS,

CALIFORNIA, WHICH CERTIFIES THAT LOS ALAMITOS HAS THE RESOURCES TO FUND THE PROJECTS IN THE FISCAL YEAR 2024/25 – 2029/30 TRANSPORTATION

IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM".

BACKGROUND
The Federal Transportation Improvement Program (FTIP) is the primary means of implementing the Regional Transportation Plan and includes regionally significant projects funded with state and federal funds. The base FTIP is updated every two years and the 2025 FTIPs cover Fiscal Years 2024-25 through 2029-30. Projects include highway improvements, transit, rail and bus facilities, high occupancy vehicle lanes, signal synchronization, intersection improvements, freeway ramps, etc. The OCTA FTIP database, includes all projects that are deemed regionally significant, regardless of the funding source and allow local agencies access to view and amend their projects.

DISCUSSION
The City of Los Alamitos is located within the metropolitan planning boundaries of the Southern California Association of Governments and the Los Alamitos City Council has authorized project submittals to Orange County Transportation Authority’s (OCTA) Federal Transportation Improvement Program (FTIP).

The City of Los Alamitos is the lead agency for projects and will comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America. The City of Los Alamitos agrees to construct Transportation Control Measures projects in a timely manner.

FISCAL IMPACT
No fiscal impact at this time. Capital Improvement Projects will be analyzed as part of the annual budget process to ensure OCTA projects are addressed.

Attachment: 1. Resolution No. 2023-27 - Federal Transportation Improvement Program

RESOLUTION NO. 2023-27

A RESOLUTION OF THE CITY OF LOS ALAMITOS,

CALIFORNIA, WHICH CERTIFIES THAT LOS ALAMITOS

HAS THE RESOURCES TO FUND THE PROJECTS IN THE
FISCAL YEAR 2024/25 – 2029/30 TRANSPORTATION

IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT

TO IMPLEMENT ALL PROJECTS IN THE PROGRAM
WHEREAS, the City of Los Alamitos, California, is located within the metropolitan planning boundaries of the Southern California Association of Governments; and,
WHEREAS, the City Council of the City of Los Alamitos, California, has authorized projects for submittal to the Federal Transportation Improvement Program (FTIP); and,
WHEREAS, the City of Los Alamitos is the lead agency for projects and will comply with applicable local, state, and federal provisions including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Build America Buy America; and,
WHEREAS, the City of Los Alamitos agrees to construct Transportation Control Measures projects in a timely manner or to assist with finding a substitute project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City Council of the City of Los Alamitos, California, hereby affirms the City’s commitment to the projects submitted in the 2025 Federal Transportation Improvement Program.

SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of November 2023.

Tanya Doby, Mayor

CC RESO 2023-27

ATTEST:

Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of November, 2023, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023 ITEM NUMBER: 12A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Quimby In-Lieu Fees

SUMMARY
Discussion of a proposed update to the Park In-Lieu Fees Pursuant to the Quimby Act Fees as studied through the 2023 City of Los Alamitos’ Quimby Land Dedication and In-Lieu Fee Study.

RECOMMENDATION

1. Open the Public Hearing; and

2. Consider the draft ordinance and resolution: and, if appropriate,

3. Introduce for first reading, read by title only, and waive further reading of Ordinance No. 2023-05; and,

4. City Attorney Daudt read the title of Ordinance No. 2023-05 entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, AMENDING SECTIONS 16.18.040 AND 16.18.080 OF CHAPTER 16.18 (DEDICATION OF LAND FOR PARK FACILITIES AND PAYMENT OF IN-LIEU FEES) OF TITLE 16 (SUBDIVISIONS) OF

THE LOS ALAMITOS MUNICIPAL CODE PURSUANT TO THE QUIMBY ACT, CALIFORNIA GOVERNMENT CODE SECTION 66477 (CITY INITIATED).”

5. Adopt Resolution No. 2023-29, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, APPROVING UPDATED PARKLAND

DEDICATION AND IN-LIEU FEES THAT MAY BE REQUIRED IN CONNECTION WITH THE

APPROVAL OF NEW RESIDENTIAL SUBDIVISIONS PURSUANT TO THE QUIMBY ACT, CALIFORNIA GOVERNMENT CODE 66477 IN FULFILLMENT OF TITLE 16 (SUBDIVISIONS), CHAPTER 16.18 (DEDICATION OF LAND FOR PARK FACILITIES AND PAYMENT OF IN-LIEU FEES) OF THE LOS ALAMITOS MUNICIPAL CODE.”

BACKGROUND
In 1975, the State of California passed the Quimby Act, allowing cities and counties to adopt local ordinances requiring developers to set aside land, donate conservation easements, or pay fees for park improvements. This is a vital process in order to ensure the availability of parkland within cities. In-Lieu Fees are required for residential developments of 50 or fewer lots and/or parcels. Dedication of parkland is required for residential developments of 51 or more lots and/or parcels. The City may elect to condition Quimby In-Lieu Fees for residential

developments of 51 or more lots or parcels if the location is not conducive to the development of parks and recreation facilities. Quimby In-Lieu Fees are not conditioned for non-residential land uses.

The City of Los Alamitos has historically collected Quimby Land Dedication Requirement and In-Lieu Fees. The last time fees were updated was March 21, 2005. As a result, the City's current collection of appropriate Quimby Land Dedication and In-Lieu Fees has not kept pace with the market.

DISCUSSION
Local governments play a critical role in the effort to set aside parkland and open space for recreational purposes. Cities and counties have been authorized since the passage of the 1975 Quimby Act to pass ordinances requiring that developers set aside land, donate conservation easements, or pay fees for park improvements. Revenues generated through the Quimby Act cannot be used for the operation and maintenance of park facilities. The goal of the Quimby Act was to require developers to help mitigate the impact of property improvements. The Act gives authority for the passage of land dedication ordinances or fees only to cities and counties. The paid fees or dedicated land are conveyed directly to the local public agencies that provide park and recreation services communitywide.

As established in the Quimby Act, the fee is based on the cost of land in the community and a standard number of park acres per thousand (1,000) residents. The parkland standard of 2.5 acres per 1,000 residents was utilized for residential subdivisions in Los Alamitos. While some cities include apartments and other development types to be subject to Quimby Land Dedication, Los Alamitos’ Quimby Land Dedication structure currently only extends to residential subdivisions on a subject property.

SCI Consulting Group was contracted to prepare a Quimby Land Dedication In-Lieu Fee Study to establish the legal and policy basis for the imposition of updated In-Lieu fees on new development within the City. These fees, which are imposed only on residential subdivisions, are an important source of fees for major park improvements in the City. Los Alamitos’ Quimby Park In-Lieu Fees for subdivisions, were instituted in 2005, and have not increased since 2008.

SCI Consulting Group has prepared a recalculation of the factors that determine the City’s Quimby Dedication Requirement. Based on the City's Quimby standard of 2.5 acres per 1,000 residents allowed under the Quimby Act, the formula for calculating the City's parkland dedication requirement is as follows:

Quimby Standard X Quimby Dwelling Unit Occupancy Factor = Quimby Land Dedication Requirement
The table below presents the City's Quimby land dedication requirement is expressed on a land square footage basis for the four residential land use categories.

Residential Land Use
Category
Quimby Standard Quimby Dwelling
Unit Occupancy
Factor
Quimby Land
Dedication
Requirement
acres per 1,000
Resident
Per Dwelling Unit Land Sq. Ft. per
Dwelling Unit
Single-Family
Detached Housing

2.5 3.02 329
Single-Family
Attached Housing

2.5 2.63 286
Multi-Family Housing 2.5 2.61 284
Mobile Home
Development

2.5 1.46 159
For example, the Quimby land dedication required for a 250-unit multifamily development project would require 1.63 acres of land dedicated to the City. 250 Multi-Family Residential Units X 284 Land Sq. Ft. per Multi-Family Residential Unit = 71,000 Sq. Ft. or approximately 1.63 acres.

SCI Consulting Group has also prepared a recalculation of the Quimby In-Liue Fee based on the City's Quimby land dedication requirement and the established fair market land value of residential land at $2,986,000 per acre. The Quimby In-Lieu Fee is expressed on a dwelling unit basis for the four residential land use categories. Please note that nonresidential subdivisions are not subject to the Quimby program.

Quimby Land Dedication Requirement X Quimby Land Value = Quimby In-Lieu Fee Residential Land Use
Category
Quimby Land
Dedication
Requirement
Quimby Land Value Quimby In-Lieu Fee
(Maximum)
Land Sq. Ft. per
Dwelling Unit
Per Acre Per Dwelling Unit
Single-Family
Detached Housing
329 $2,986,000 $22,553
Single-Family
Attached Housing
286 $2,986,000 $19,605
Multi-Family Housing 284 $2,986,000 $19,468
Mobile Home
Development
159 $2,986,000 $10,899

The table below displays the current Los Alamitos' Quimby In-Lieu Fee that was established in 2005.

Residential Land Use Category Current Quimby In-Lieu Fee Single-Family Detached Housing $15,161
Single-Family Attached Housing $18,076
Multi-Family Housing $13,142
Mobile Home Development $9,913
Using the same previous example, the Quimby In-Lieu Fee for 250 Multi-Family Development Project would require $4,867,000 with the proposed fees. The current fee, adopted in 2005, would require $3,285,500.

Adoption of this ordinance is found to be categorically exempt from the California Environmental Quality Act (CEQA) because the adoption of this Ordinance is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this ordinance contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures CEQA Guidelines Section 15061(b)(3). A Notice of Public Hearing was published in the Event News Enterprise though a 1/8th page notice, and posted at City Hall, on November 1, 2023.

FISCAL IMPACT
The adoption of a development impact fee ordinance will allow City staff to continue assessing and collecting fees on development projects but at an updated rate.

Attachment: 1. Ordinance No. 2023-05 - Quimby Fees

2. Resolution No. 2023-29 - Quimby Fees

1800327.1
ORDINANCE NO. 2023-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF LOS ALAMITOS, CALIFORNIA, AMENDING
SECTIONS 16.18.040 AND 16.18.080 OF CHAPTER 16.18
(DEDICATION OF LAND FOR PARK FACILITIES AND
PAYMENT OF IN-LIEU FEES) OF TITLE 16
(SUBDIVISIONS) OF THE LOS ALAMITOS MUNICIPAL

CODE PURSUANT TO THE QUIMBY ACT, CALIFORNIA
GOVERNMENT CODE SECTION 66477 (CITY
INITIATED).

WHEREAS, it is the policy of the City of Los Alamitos to promote, provide, and maintain quality park and recreational opportunities for the residents of the City; and, WHEREAS, pursuant to the Quimby Act, California Government Code Section 66477, a city may condition the approval of a subdivision to provide a dedication of property and/or payment of in-lieu fees for park and recreational purposes to serve the new residents of the subdivision; and,
WHEREAS, Chapter 16.18 of the Los Alamitos Municipal Code sets forth the requirements for the dedication of property and/or the payment of in-lieu fees for park and recreational purposes; and,
WHEREAS, the City prepared a Quimby Land Dedication and In-Lieu Fee Study (“Study”) to establish the legal and policy basis for the imposition of updated citywide park land dedication and in-lieu fees on new residential subdivisions within the City; and, WHEREAS, the Study found that certain changes to Chapter 16.18 of the Municipal Code are required to update the City’s Quimby program; and, WHEREAS, the City Council opened a duly noticed Public Hearing concerning the proposed code amendment on October 16, 2023; and,
WHEREAS, the City Council considered all applicable Staff reports and all public testimony and evidence presented at the Public Hearing.

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct, and are incorporated herein by reference.

SECTION 2. Section 16.18.040.A (Amount of Dedicated Parkland to Be Required) of Chapter 16.18 (Dedication of Land for Park Facilities and Payment of In-Lieu Fees) of Title 16 (Subdivisions) of the Los Alamitos Municipal Code is hereby amended to read as

CC ORD 2023-05

1800327.1
follows:
“16.18.040 Amount of Dedicated Parkland to Be Required.

A. Except as otherwise provided by this chapter, the number of acres or fraction of an acre of land required to be dedicated to the City for park facilities incident to and as a condition of the approval of a tentative tract map or tentative parcel map for a subdivision shall be based on the product of the following:

1. The maximum number of dwelling units permitted within the subdivision as determined from Title 17 (Zoning Regulations) and the conditionally approved tentative tract map or tentative parcel map applicable to the subdivision, multiplied by

2. The average number of residents per dwelling unit within the incorporated territory of the City, as determined by figures from the most recent U.S. Census, multiplied by

3. The standard of 2.5 acres per 1,000 persons.”
SECTION 4. Section 16.18.080.C (Payment of In-Lieu Fees for Park and Recreation Purposes). of Chapter 16.18 (Dedication of Land for Park Facilities and Payment of In-Lieu Fees) of Title 16 (Subdivisions) of the Los Alamitos Municipal Code is hereby amended to read as follows:
“16.18.090 Payment of In-Lieu Fees for Park and Recreation Purposes.

C. In-lieu fees required pursuant to this section shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 16.18.040 (Amount of Dedicated Parkland to Be Required).

The following formula shall fix the amount of the fee:

In Lieu Fee = The Amount of Dedicated Parkland to Be Required multiplied by the Fair Market Value of the Amount of Land.

The amount of the in-lieu fee shall be established by resolution of the Council.” SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

CC ORD 2023-05

1800327.1
SECTION 6. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 18th day of December, 2023.

Tanya Doby, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Ordinance was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 20th day of November, 2023 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18th day of December, 2023, by the following roll-call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Windmera Quintanar, MMC, City Clerk

1798465.2
RESOLUTION NO. 2023-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LOS ALAMITOS, CALIFORNIA, APPROVING UPDATED

PARKLAND DEDICATION AND IN-LIEU FEES THAT MAY

BE REQUIRED IN CONNECTION WITH THE APPROVAL

OF NEW RESIDENTIAL SUBDIVISIONS PURSUANT TO

THE QUIMBY ACT, CALIFORNIA GOVERNMENT CODE
66477 IN FULFILLMENT OF TITLE 16 (SUBDIVISIONS),
CHAPTER 16.18 (DEDICATION OF LAND FOR PARK

FACILITIES AND PAYMENT OF IN-LIEU FEES) OF THE
LOS ALAMITOS MUNICIPAL CODE.

WHEREAS, it is the policy of the City of Los Alamitos to promote, provide, and maintain quality park and recreational opportunities for the residents of the City; and, WHEREAS, pursuant to the Quimby Act, California Government Code Section 66477, a city may condition the approval of a subdivision to provide a dedication of property and/or payment of in-lieu fees for park and recreational purposes to serve the new residents of the subdivision; and,
WHEREAS, Chapter 16.18 of the Los Alamitos Municipal Code sets forth the requirements for the dedication of property and/or the payment of in-lieu fees for park and recreational purposes; and,
WHEREAS, the City prepared a 2023 Quimby Land Dedication and In-Lieu Fee Study (“Study”) to establish the legal and policy basis for the imposition of updated citywide parkland dedication requirement and in-lieu fees on new residential subdivisions within the City, a copy of which is maintained in the office of the City Clerk; and, WHEREAS, said Study demonstrates higher property values in all residential areas of the City than previously used to establish the park in-lieu fees and would result in higher park in-lieu fees for new development; and,
WHEREAS, Section 16.18.090 of the Los Alamitos Municipal Code provides that in-lieu fees for park and recreational purposes shall be set by resolution of the City Council; and,
WHEREAS, Pursuant to the provisions of the Quimby Act, the City Council desires to adjust the amount of land dedication required and increase in-lieu fees for park and recreational purposes imposed on subdivided residential development; and, WHEREAS, the City Council opened a duly noticed Public Hearing on October 16, 2023 to consider an update to the City’s parkland dedication and in-lieu fee requirements; and,

CC RESO 2023-29

1798465.2
WHEREAS, the City Council considered all applicable Staff reports and all public testimony and evidence presented at the Public Hearing.

THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, CALIFORNIA, DOES RESOLVE AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct, and are incorporated herein by reference.

SECTION 2. The amount of land dedication required pursuant to Section

16.18.040 of the Los Alamitos Municipal Code shall be implemented as shown below:

SECTION 3. The amount of in-lieu fees required pursuant to section 16.18.090 of the Los Alamitos Municipal Code shall be implemented as shown below:

SECTION 4. The Land Use Terms in the above table shall be defined as noted in the 2023 Los Alamitos Quimby Land Dedication and In-Lieu Fee Study (“Study”) as shown below:
“Single-Family Detached Housing” means free-standing one-family dwelling units.

Residential Land Use Category
Quimby Land
Dedication
Requirement
Land Sq. Ft. per
Dwelling Unit
Single-Family Detached Housing 329
Single-Family Attached Housing 286
Multi-Family Housing 284
Mobile Home Development 159
Residential Land Use Category
Quimby Land
Dedication
Requirement
Quimby Land
Value
Quimby InLieu Fee
(Maximum)
Calc a b c = a * b / 43,560
Land Sq. Ft. Per
Dwelling Unit Per Acre Per Dwelling Unit
Single-Family Detached Housing 329 $2,986,000 $22,553
Single-Family Attached Housing 286 $2,986,000 $19,605
Multi-Family Housing 284 $2,986,000 $19,468
Mobile Home Development 159 $2,986,000 $10,899

CC RESO 2023-29

1798465.2
“Single-Family Attached Housing” means a one-family dwelling unit on a separate assessor’s parcel that share a common wall, such as townhomes. “Multi-Family Residential Housing” means buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family. This category also includes for-sale condominiums. “Mobile Home Development” means a development area for residential occupancy in vehicles that require a permit to be moved on a highway, other than a motor vehicle designed or used for human habitation and for being drawn by another vehicle.
“Dwelling unit” generally means one or more rooms in a building or structure, or a portion thereof designed exclusively for residential occupancy by one or more persons for living or sleeping purposes and having kitchen and bath facilities, including mobile homes.

SECTION 5. The amounts of required land dedication and in-lieu fees shall go into effect on the date this resolution takes effect pursuant to the law.

SECTION 6. This resolution updates and revises the schedules previously adopted by City Council Resolution No. 1990, and to the extent in conflict herewith, Resolution No. 2023-29 is hereby superseded.

PASSED, APPROVED, AND ADOPTED this 20th day of November, 2023.

Tanya Doby, Mayor
ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
___________________________________
Michael S. Daudt, City Attorney

CC RESO 2023-29

1798465.2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of Planning Commission held on the 20th day of November 2023, by the following vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
_______________________________
Windmera Quintanar, MMC, City Clerk

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023 ITEM NUMBER: 13A
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chelsi Wilson, Administrative Services Manager Subject: Administrative Rules and Regulations Update; Discretionary Designations & Collateral Duty Assignments

SUMMARY
The Administrative Rules and Regulations (ARs) are an accumulation of policies that were adopted by Council, approved by the City Manager, and/or are administered by the Departments. This report requests amending and restating Administrative Rule 4.10 City Manager Discretionary Designations and Collateral Duty Assignments.

RECOMMENDATION

1. Amend and Restate Administrative Regulation 4.10 – Deputy City Manager Designation that was adopted by Council action on February 1, 2023; and,

2. Authorize the City Manager to implement and modify as needed, Administrative Regulation

4.10 – Collateral Duty Assignments and Designations.

BACKGROUND
The ARs guide the City’s day-to-day operations and structural governance. These policies are housed together in the ARs digital handbook on the City's website for easy reference. As the City's organization and needs change, ensuring that internal policies keep pace is essential to ensuring efficiency throughout the City and ensuring that staff are implementing best practices.

As such, it is customary for ongoing review of these policies to ensure that they meet the current needs of the City.

DISCUSSION
The following suggested changes are aimed at formalizing current processes regarding workload delegation and ensuring that those who undertake those efforts are adequately compensated for those efforts. This regulation aims to establish an administrative policy permitting the temporary assignment of additional responsibility to Department Directors or Division Managers appointed by the City Manager. These additional designations are intended to assist the City in accomplishing specific City Council goals or initiatives.

Current examples include:
• Deputy City Manager
• Director of Intergovernmental Affairs

• Director of Communications
The following conditions and restrictions shall apply:

The additional designation shall not be a new Class Title within the classified service. The additional designation shall not change the nature of the Department Director or Division Manager’s employment status with the City.

1. The Department Director’s or Division Manager’s personnel record shall reflect the additional assignment period.

2. The designation and acceptance of additional responsibility will result in an additional 5% to 10% increase to the Department Director or Division Manager’s compensation during the duration of the designation.

3. As a temporary collateral duty assignment, any assignment or designation may end upon written notice to the employee at any time by the City Manager.

FISCAL IMPACT
There is minimal fiscal impact; all fiscal impacts are already accounted for within the Council adopted budget.

Attachment: 1. Section 4.10 - Discretionary Pay and Designation Policy

2. Section 4.10 - Deputy City Manager Designation Policy

City of Los Alamitos
Administrative Regulation
Regulation: 4.10
Title: City Manager Discretionary Designations & Collateral Duty Assignments
Authority: City Manager per Council Action on November 20, 2023 Date: November 20, 2023
Revised:

1. Purpose: The purpose of this regulation is to establish an administrative policy permitting the temporary additional responsibility designation of Department Directors or Division Managers appointed by the City Manager. The additional temporary designated positions are intended to assist the City Manager through multiple Departmental responsibilities under a single decisionmaking supervisor/director who can communicate directly with the City Manager.

2. Application: This policy shall apply to Department Directors or Division Managers at the City Manager’s discretion.

3. Policy: The City Council policy is that certain Department Directors or Division Managers may be assigned temporary responsibilities that transcend normal lines of Departmental responsibility. For the purposes of accepting responsibility and being held accountable, the City Manager may designate a Department Director or Division Manager with an additional working title.

The following conditions and restrictions shall apply:

1. The additional designation shall not be a new Class Title within the classified service. The additional designation shall not change the nature of the Department Director or Division Manager’s employment status with the City.

2. The Department Director’s or Division Manager’s personnel record shall reflect the additional assignment period, but the title shall not be used for comparative salary surveys.

3. The designation and acceptance of additional responsibility will result in an additional 5% to 10% increase to the Department Director’s or Division Manager’s compensation during the duration of the designation, upon the City Manager’s discretion.

4. As a temporary collateral duty assignment, any assignment or designation may end upon the City Manager's written notice to the employee at any time.

4. Procedure:

1. The City Manager, upon designating a Department Director or Division Manager to the temporary assignment, shall notify the Personnel Office of the effective date and specific title.

2. The City Manager shall notify all Department Directors and Division Managers whose program responsibilities are subject to additional responsibilities.

1597954.1
City of Los Alamitos
Administrative Regulation
Regulation: 4.10
Title: Deputy City Manager Designation
Authority: City Manager per Council Minute Action on February 21, 2023 Date: February 21, 2023
Revised:

1. Purpose: The purpose of this regulation is to establish an administrative policy permitting the temporary designation of Department Directors or Division Managers as Deputy City Managers. The Deputy City Manager positions are intended to assist the City Manager through the combination of multiple Departmental responsibilities under a single decision-making supervisor/director who can communicate directly with the City Manager.

The Deputy City Manager is not intended to create an additional supervisory level but to consolidate operations from multiple Departments into a working team under a single decision maker.

2. Policy: It is the City Manager’s policy that certain Department Directors or Division Managers may be assigned temporary responsibilities that transcend normal lines of Departmental responsibility. For the purposes of accepting responsibility and being held accountable, the City Manager may designate a Department Director or Division Manager with the working title of Deputy City Manager.

The following conditions and restrictions shall apply:

1. The City Manager may designate the Deputy City Manager or remove such designation at any time and for any reason.

2. The Deputy City Manager designation shall not be a new Class Title within the classified service or for at-will executives. The Deputy City Manager designation shall not change the nature of the Department Director or Division Manager’s employment status with the City.

3. The Department Director’s or Division Manager’s personnel record shall reflect the Deputy City Manager assignment period but the title shall not be used for comparative salary surveys or employment references.

4. The designation to Deputy City Manager and acceptance of additional responsibility will result in an additional 5% increase to the Department Director or Division Manager’s compensation during the duration of the designation.

1597954.1

3. Procedure:

1. The City Manager, upon designating a Department Director or Division Manager to the Deputy City Manager temporary assignment, shall provide notice to Personnel of the effective date and specific title.

2. The City Manager shall notify all Department Directors and Division Managers whose program responsibilities are subject to a Deputy City Manager supervision and authority.

3. The City Manager should define by memorandum the level of Deputy City Manager responsibility, limits of program and staff supervision, and extent of decision-making authority.

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023 ITEM NUMBER: 13B
To: Mayor Tanya Doby & Members of the City Council
Presented By: Michael Daudt, City Attorney
Subject: Resolution No. 2023-28 – Awarding the City Manager a Performance Based Incentive Bonus for Calendar Year 2023

SUMMARY
The City Council evaluated the City Manager’s performance during closed session on October 23, 2023. Pursuant to the City Manager’s Employment Agreement, the City Manager may be entitled to up to a two percent (2%) annual performance based incentive bonus, which may be awarded at the sole discretion of the City Council.

RECOMMENDATION

1. Pursuant to California Government Code section 54953(c)(3), an oral report summarizing the recommendation must be made in open session prior to the City Council taking final action on this item.

2. Adopt Resolution No. 2023-28, entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LOS ALAMITOS, CALIFORNIA, AWARDING THE CITY MANAGER A PERFORMANCE BASED INCENTIVE BONUS FOR CALENDAR YEAR 2023”.

BACKGROUND
On January 21, 2020, the City Council and Chester C. Simmons entered into an Employment Agreement for Non-Represented Employee (City Manager), which was superseded and replaced by that certain Employment Agreement for Non-Represented Employee (City Manager) dated July 1, 2022 (the “Employment Agreement”), which is incorporated herein by this reference. Section 3.3.4 of the Employment Agreement provides that the City Manager may be entitled to up to a two percent (2%) performance based incentive bonus at the end of each calendar year. Any such award is made in the sole and absolute discretion of the City Council.

DISCUSSION
Per the Employment Agreement, the City Council is required to evaluate the performance of the City Manager prior to the close of the calendar year. The City Council evaluated City Manager Simmons’ performance during closed session on October 23, 2023. The City Council may now direct the award of up to a two percent (2%) 2023 performance based incentive bonus, totaling $4,409.00. Alternatively, the City Council may award a lower performance based incentive bonus, or no performance based incentive bonus at all. Any performance based incentive bonus shall be provided as a lump sum payment and shall not be added to the

City Manager’s base salary.

FISCAL IMPACT
Sufficient funds are available in the Fiscal Year 2023/2024 Budget to account for the aforementioned performance based incentive bonus.

Attachment: 1. Resolution 2023-38 - City Manager Bonus 2023

RESOLUTION NO. 2023-28

A RESOLUTION OF CITY COUNCIL OF THE CITY OF LOS

ALAMITOS, CALIFORNIA, AWARDING THE CITY MANAGER

A PERFORMANCE BASED INCENTIVE BONUS FOR
CALENDAR YEAR 2023
WHEREAS, on January 21, 2020, the City Council and Chester C. Simmons entered into that certain City of Los Alamitos Employment Agreement for NonRepresented Employee (City Manager), which was superseded and replaced by that certain Employment Agreement for Non-Represented Employee (City Manager) dated July 1, 2022 (the “Employment Agreement”); and,
WHEREAS, Section 3.3.4 of the Employment Agreement provides that the City Manager may be entitled to up to a two percent (2%) performance based incentive bonus at the end of each calendar year; and,
WHEREAS, pursuant to Government Code Sections 54957(b)(1) the City Council convened in closed session on October 23, 2023 to evaluate the City Manager’s performance; and,
WHEREAS, the City Council has determined that the City Manager has met or exceeded expectations during the 2023 calendar year and is therefore eligible for a performance based incentive bonus.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Los Alamitos, California, finds that the above recitals are true and correct.

SECTION 2. The City Manager is hereby awarded a two percent (2%) performance based incentive bonus totaling four thousand four hundred and nine dollars ($4,409.00) for the period of January 1, 2023 to December 31, 2023. This performance-based incentive bonus shall be provided as a lump sum payment and shall not be added to the City Manager’s base salary.

SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of November 2023. ________________________________
Tanya Doby, Mayor

CC RESO 2023-28

ATTEST:
______________________________
Windmera Quintanar, MMC, City Clerk
APPROVED AS TO FORM:
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Michael S. Daudt, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF LOS ALAMITOS )
I, Windmera Quintanar, MMC, City Clerk, of the City of Los Alamitos, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of November, 2023, by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
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Windmera Quintanar, MMC, City Clerk