AGENDA
CITY COUNCIL
AUGUST 1, 2023
UNTIL FURTHER NOTICE, MEETINGS WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 361,
WHICH ALLOWS COUNCIL MEMBERS TO PARTICIPATE FROM A REMOTE LOCATION WITHOUT LISTING A PHYSICAL LOCATION. TO PROVIDE COMMENTS DURING A MEETING: YOU MAY ATTEND THE MEETING, SEND AN EMAIL TO:
[email protected], OR JOIN THE ZOOM MEETING BY CALLING: (669) 900-6833 OR USING THE ZOOM APP WITH THE FOLLOWING LINK: https://us02web.zoom.us/j/7095732685; MEETING ID: 709 573 2685. THE MEETING MAY BE VIEWED THROUGH ZOOM, FIOS CHANNEL 32 OR CHARTER CHANNEL 3, OR ON THE CITY'S WEBPAGE AT:
https://www.norwalk.org/city-hall/meeting-agendas-393.
CLOSED SESSION MEETING
5:00 PM
REGULAR MEETING
6:00 PM
NORWALK CITY HALL/COUNCIL CHAMBERS AND VIA VIDEOCONFERENCE Ana Valencia, Mayor
Margarita L. Rios, Vice Mayor
Tony Ayala, Councilmember
Jennifer Perez, Councilmember
Rick Ramirez, Councilmember
Public Comment: The public is encouraged to address City Council on any matter listed on the agenda or on any other matter within its jurisdiction subject to the rules of decorum described in Section 2.08.020 of the Norwalk Municipal Code. If you wish to address City Council, please complete the card that is provided at the rear entrance to Council Chambers and hand the card to the Sergeant at Arms. City Council will hear public comment on items listed on the agenda during discussion of the matter and prior to a vote. City Council will hear public comment on matters not listed on the agenda during the Oral Communications period.
Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
Please adhere to the following procedures when addressing the City Council:
Comments should be limited to 3 minutes or less.
Comments should be directed to the City Council as a whole and not directed to individual Councilmembers.
Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s department, (562) 929-5720. Assisted listening devices are available at this meeting. Ask the City Clerk if you desire to use this device. Upon request, the agenda and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Note: Any writings and/or documents provided to a majority of the City Council regarding any item on this agenda after it has been posted will also be made available for public inspection.
Writings and/or documents are available for inspection in the City Clerk’s Department, City Hall, 12700 Norwalk Boulevard during regular business hours, 8:00 a.m. to 6:00 p.m., Monday – Thursday and 8:00 a.m. to 5:00 p.m., every other Friday; telephone (562) 929-5720. You may also contact the City Clerk via e-mail at [email protected] .
CLOSED SESSION MEETING – 5:00 PM
CALL TO ORDER
Mayor Valencia
ROLL CALL
Theresa Devoy, CMC
City Clerk
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
CLOSED SESSION
I. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1): City of Norwalk vs. City of Cerritos, et al., Case Number 22STCV33737.
RECESS
REGULAR MEETING – 6:00 PM
CALL TO ORDER
Mayor Valencia
INVOCATION
Myrna Brito
Spirit Life Community Church
FLAG SALUTE
Daniella Mercado
Lampton Elementary
ROLL CALL
Theresa Devoy, CMC
City Clerk
CLOSED SESSION REPORT
CITY COUNCIL COMMENTS
a. Report of City Council Travel
SPECIAL PRESENTATIONS – None.
CITY MANAGER COMMENTS
1. Chamber of Commerce Quarterly Update.
2. Friday Night Front Street Event Recap video.
3. Community Resource Center Back-to-School Giveaway Recap video.
4. LADY Program Scholarship Award Night Recap video.
5. Bi-Weekly Recap video.
6. Update on 605 Freeway and Studebaker Intersection.
CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Any item may be removed from the consent calendar and considered separately by City Council.
1. WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA Staff recommends City Council waive reading in full of all ordinances on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. MEETING MINUTES
Staff recommends City Council approve the minutes of the meeting of July 18, 2023. 825-04
3. PAYROLL FOR THE PERIOD JULY 9, 2023 – JULY 22, 2023
Staff recommends City Council approve gross payroll in the amount of $1,278,647.86; the payroll check numbers 37969 - 37977 and the voucher numbers 321145 – 321733 in the total net amount of $967,977.89 for the pay period July 9, 2023 – July 22, 2023. 630
4. COMMERCIAL DEMANDS
Staff recommends City Council approve the warrant register for the period July 11 through July 24, 2023, in the amount of $2,528,746.76. 640
5. CLAIMS AGAINST THE CITY
Staff recommends City Council deny the claims filed by Skye Connell, Katrina Fountain, and Kevin Sanchez. 830-03/06/19
6. ORDINANCE NO. 23-1741 - ZONE CHANGE NO. 2022-02 AMENDING THE ZONING DESIGNATION FOR A PORTION OF SITE ZONED AUTOMOBILE PARKING TO RESTRICTED COMMERCIAL AT 12217
ROSECRANS AVENUE
Staff recommends City Council accept for second reading and adopt Ordinance No. 23-1741, AN
ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-02 FOR THE PROPERTY LOCATED AT 12217 ROSECRANS AVENUE. 320-09-2022-02
7. PROJECT NO. 7931 - ACCEPT WORK FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED LOCAL STREET REHABILITATIONS IN ZONE 28 – ENGINEERS REPORT 23-12 Staff recommends City Council accept the work of Hardy & Harper, Inc. in the amount of $1,060,188 for Project No. 7931, the Community Development Block Grant Local Streets Rehabilitation Project.
8. AGREEMENT – POOL MAINTENANCE AND REPAIRS FOR LAP AND WADER POOLS AT THE
NORWALK PARK AQUATIC PAVILION AND CHEMICAL SUPPLIES FOR POOLS AND CITY WATER WELLS
Staff recommends City Council approve an agreement with Waterline Technologies Inc., in the amount of $58,000 annually to provide maintenance services for the lap and wader pools at the Norwalk Park Aquatics Pavilion, repair services, and chemicals for the pools and City well sites from July 1, 2023 through June 30, 2026, with the option of two additional one-year extensions; and authorize the City Manager to execute the agreement and any amendments, provided there is funding in the budget and it is within the City Managers signing authority, on behalf of the City, in a form approved by the City Attorney.
9. RESOLUTION NO. 23-44 – ADOPTION OF LIST OF PROJECTS FOR FISCAL YEAR 2023/24 ROAD
MAINTENANCE AND REHABILITATION ACCOUNT FUNDS
Staff recommends City Council adopt Resolution No. 23-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
10. AWARD AGREEMENT FOR WATER METER READING SERVICES AND FOR EMERGENCY ON-CALL
WATER DISTRIBUTION SYSTEM REPAIRS
Staff recommends City Council:approve payment of invoices received from Stephen Doreck Equipment Rentals, Inc. for water meter reading services, as listed in Table 1, in the amount of $37,500; andapprove payment of invoices received from Stephen Doreck Equipment Rentals, Inc. for emergency water distribution system repairs, as listed in Table 2, in the amount of $42,471.69; andapprove an agreement with Stephen Doreck Equipment Rentals, Inc. to provide Water Meter Reading and Related Services and Emergency On-Call Water Distribution System Repairs for an amount not-to-exceed $224,150, for Fiscal Year 2023/24, with the option to extend the agreement term for two, one-year extensions with the inclusion of a Consumer Price Index adjustment of rates capped at a maximum of 3% for each year extended; and authorize the City Manager to execute the agreement, and to accept work and approve additional payments for emergency work as necessary to prevent an interruption of water deliveries, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
11. AGREEMENT TO PROVIDE DOCUMENT SCANNING SERVICES
Staff recommends City Council approve an agreement with Viatron to provide document scanning services in an amount of $517,006, including a 10% contingency if necessary, from the effective date of the agreement, August 1, 2023, until the services are completed; and authorize the City Manager to execute the agreement and any amendments up to the contingency amount provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
12. RESOLUTION NO. 23-48 - ADOPTING NEW RECORDS RETENTION SCHEDULE Staff recommends City Council adopt Resolution No. 23-48, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NORWALK ADOPTING A NEW RECORDS RETENTION SCHEDULE AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS AND REPEALING RESOLUTION NO. 09-05.
APPOINTMENTS
13. ADVISORY BODY APPOINTMENTS
Staff recommends City Councilmembers make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2024. 200
ORDINANCE AND RESOLUTIONS
14. ORDINANCE NO. 23-1742 - AMENDING CHAPTER 9.30 “SPEED CONTESTS OR EXHIBITIONS OF SPEED” TO TITLE 9 OF THE NORWALK MUNICIPAL CODE TO AUTHORIZE THE SEIZURE AND
FORFEITURE OF NUISANCE VEHICLES
Staff recommends City Council introduce by title only Ordinance No. 23-1742 AN ORDINANCE OF THE CITY OF NORWALK AMENDING CHAPTER 9.30 (“SPEED CONTESTS OR EXHIBITIONS OF SPEED”) OF TITLE 9 (“PUBLIC PEACE, MORALS AND WELFARE”) OF THE NORWALK MUNICIPAL CODE TO
AUTHORIZE THE SEIZURE AND FORFEITURE OF NUISANCE VEHICLES USED IN THE COMMISSION OF SPEED CONTESTS AND EXHIBITIONS OF SPEED, and schedule for adoption. 735
15. RESOLUTION NO. 23-45 - AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR CERTAIN
VIOLATIONS OF THE NORWALK MUNICIPAL CODE
Staff recommends City Council adopt Resolution No. 23-45, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NORWALK AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR CERTAIN VIOLATIONS OF THE NORWALK MUNICIPAL CODE.
16. RESOLUTION NO. 23-46 - AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED
BUDGET TO ADD AND TRANSFER CERTAIN FULL-TIME POSITIONS TO THE MID-MANAGEMENT UNIT; AND RESOLUTION NO. 23-47 AMENDING AND ADOPTING THE FISCAL YEAR 2023/24 SALARY
SCHEDULE FOR GENERAL AND HOURLY UNIT EMPLOYEES AND EXECUTIVE MANAGEMENT AND
MID-MANAGEMENT EMPLOYEES
Staff recommends City Council adopt:Resolution No. 23-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED
BUDGET TO ADD AND TRANSFER CERTAIN FULL-TIME POSITIONS TO THE MID-MANAGEMENT UNIT; and Resolution No. 23-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AMENDING AND ADOPTING THE FISCAL YEAR 2023/24 SALARY SCHEDULE FOR GENERAL AND
HOURLY UNIT EMPLOYEES AND EXECUTIVE MANAGEMENT AND MID-MANAGEMENT EMPLOYEES.
REPORTS
17. ONE-WAYS NEIGHBORHOOD REHABILITATION PROGRAM UPDATE Staff recommends City Council receive and file the One-Ways Rehabilitation Program update. 1410-01
ORAL COMMUNICATIONS
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated July 28, 2023.
Theresa Devoy, CMC
City Clerk
20230718
825-04
MINUTES OF THE CLOSED SESSION AND REGULAR MEETINGS
NORWALK CITY COUNCIL
NORWALK, CALIFORNIA
JULY 18, 2023
CLOSED SESSION MEETING
Mayor Valencia called the hybrid meeting to order at 5:00 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California, and via videoconference pursuant to Assembly Bill 361. Responding to roll call in person were Councilmembers Ayala, Perez, and Ramirez, and Mayor Valencia. Vice Mayor Rios was absent. Also present were Jesus M. Gomez, City Manager; John Lam, Deputy City Attorney; and Theresa Devoy, City Clerk.
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
There were no persons wishing to address City Council on the matter to be discussed in closed session.
CLOSED SESSION
City Council immediately convened to closed session for discussion on the following matter:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1): City of Norwalk vs. City of Cerritos, et al., Case Number 22STCV33737.
RECESS
City Council recessed at 5:13 p.m. pending the commencement of the regular meeting.
REGULAR MEETING
Mayor Valencia called the hybrid meeting to order at 6:05 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California, and via videoconference pursuant to Assembly Bill 361. Responding to roll call were Councilmembers Ayala, Perez, and Ramirez, and Mayor Valencia. Vice Mayor Rios was absent. Also present were Jesus M. Gomez, City Manager; John Lam, Deputy City Attorney; and Theresa Devoy, City Clerk.
The invocation was delivered by Danny Casas, Remnant Church; followed by the flag salute, led by Hailey Contreras, Da Vinci School.
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
2 CLOSED SESSION REPORT
The City Attorney indicated there was no reportable action taken on the matter discussed in closed session.
CITY COUNCIL COMMENTS
Councilmember Ayala requested the meeting be adjourned in memory of long-time resident Caroline Ryan. Councilmember Ramirez reported on his attendance alongside Vice Mayor Rios and Mayor Valencia at the National Association of Latino Elected Officials Conference in New York where various topics were presented such as Nuts and Bolts, Digital Economy, and Emergency Preparedness; requested the City provide an update on the One-Ways Project; congratulated all participants of Norwalk sports leagues; welcomed clergy in attendance; and asked all to join in singing Happy Birthday to Mayor Valencia. Councilmember Perez announced that the Senior Center is available as a cooling center to residents; reported on her attendance at the Aqua Carnival and the first Summer Concert; invited residents to attend the upcoming Summer Concert being held on July 19, and thanked Parks and Recreation and Senior Center staff for making all events successful; highlighted the Summer Youth Worker program indicating it serves as a stepping stone for the participants to grow and advance professionally. Mayor Valencia welcomed dignitaries in attendance; announced the upcoming Summer Concert July 19; congratulated the Norwalk Girls Fastpitch who will be competing in Nationals, and shared that they are hosting a fundraiser at So Cal Pizza tonight until 7 p.m., and a Pancake and Prayer Fundraiser July 23 at the Norwalk Arts and Sports Complex; invited all to attend the Dinner & a Movie @ Hargitt House event being held on July 22, the Back to School Resource Fair hosted by Los Angeles Care July 24, at the Community Resource Center, and Meet the Mayor July 25, at the Norwalk Arts and Sports Complex.
CITY MANAGER COMMENTS
Jesus Gomez, City Manager, announced that a Cooling Center is available at the Senior Center from 10 a.m. – 2 p.m. on July 22-23.
Ozzie Ramos, Director of Public Safety, provided a July 4th Enforcement update.
Videos were shared highlighting the Summer Concert featuring Jenni Rivera Tribute Band, Social Services Childcare program, and the “Bi-Weekly Review.” Following the One-Ways Neighborhood Rehabilitation Program update, Councilmember Ramirez directed staff to provide a more detailed update at the next City Council Meeting.
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
3 CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Councilmember Ramirez moved and Councilmember Perez seconded to approve consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, and Ramirez and Mayor Valencia.
NOES: None
ABSENT: Vice Mayor Rios
WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA - City Council waived reading in full of all ordinances on the agenda and declared that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
MEETING MINUTES
City Council approved the minutes of the meeting of July 5, 2023. 825-04 PAYROLL FOR THE PERIOD JUNE 25, 2023 – JULY 8, 2023
City Council approved gross payroll in the amount of $1,281,243.07; the payroll check numbers 37949 - 37968 and the voucher numbers 320575 – 321144 in the total net amount of $965,413.79 for the pay period June 25, 2023 – July 8, 2023. 630
COMMERCIAL DEMANDS
City Council approved the warrant register period June 27, 2023 – July 10, 2023, in the total amount of $8,133,440.75. 640
CLAIMS AGAINST THE CITY
City Council denied the claims filed by Christopher Carnahan and Derek Kwon. 830-03/11 PLANNING COMMISSION SYNOPSIS - JULY 12, 2023
No action was taken. 320
ASSEMBLY BILL 361 FINDINGS
City Council made the following findings:
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
4 a. City Council has reconsidered the circumstances of the state of emergency. b. City Council continues to impose or recommend measures to promote social distancing including remote or hybrid meeting participation. 825 RESOLUTION NO. 23-39 – FISCAL YEAR 2023/24 TRANSPORTATION DEVELOPMENT ACT ARTICLE 4 AND STATE TRANSIT ASSISTANCE ARTICLE 6.5
FUND ALLOCATIONS
City Council adopted Resolution No. 23-39, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NORWALK ADOPTING THE USE OF TRANSPORTATION DEVELOPMENT ACT ARTICLE 4 AND STATE TRANSIT ASSISTANCE ARTICLE 6.5 FUNDS FOR FISCAL YEAR 2023/24. 1105-02
ACCEPT WORK FOR CITYWIDE SIDEWALK/CONCRETE REPAIR AND
REPLACEMENT PROJECT NO. 3302-2223 – ENGINEERS REPORT 23-08 City Council accepted the work completed by CJ Concrete Construction in the amount of $461,205 for Citywide Sidewalk/Concrete Repair and Replacement and curb ramp installations to comply with Americans with Disabilities Act (ADA) standards. 1005-04-3302 PROJECT NO. 3302-2324 - RESOLUTION NO. 23-40 – BUDGET AMENDMENT AND
AWARD OF CONTRACT FOR CITYWIDE SIDEWALK/CONCRETE REPAIR AND REPLACEMENT, ENGINEER’S REPORT NO. 23-07
City Council:
a. adopted Resolution No. 23-40, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE MEASURE R BOND FUNDS AND TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUNDS FOR AMERICANS WITH DISABILITIES ACT CURB RAMP INSTALLATIONS TO PROJECT NO. 3302- 2324 – CITYWIDE SIDEWALK/CONCRETE REPAIR AND REPLACEMENT, in the amounts of $294,100 and $78,000, respectively; and
b. awarded a contract to Towo Enterprise, Inc. of Fullerton in the amount of $611,000 for Project No. 3302-2324, Citywide Sidewalk/Concrete Repair and Replacement; and authorized the City Manager to execute the agreement and any extension/amendments including potential change orders, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.610/1005-04-3302 Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
5 RESOLUTION NO. 23-43 – ESTABLISHING PROCEDURES FOR THE COLLECTION
OF DELINQUENT FEES FOR RESIDENTIAL SOLID WASTE AND RECYCLABLES
COLLECTION SERVICES
City Council adopted Resolution No. 23-43, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NORWALK ESTABLISHING PROCEDURES FOR THE COLLECTION
OF DELINQUENT FEES FOR RESIDENTIAL SOLID WASTE AND RECYCLABLES COLLECTION SERVICES. 140-02/626-02
CONFIRM EMERGENCY WORK – REPLACEMENT OF EXISTING HEATING,
VENTILATION, AND AIR CONDITIONING UNIT AT THE SENIOR CENTER,
EXERCISE AND WEIGHT ROOM
City Council confirmed emergency replacement heating, ventilation, and air conditioning work completed by Tri-West Mechanical, Inc., in the amount of $31,950. 955
AGREEMENT WITH THE LEFLORE GROUP, LLC FOR PROJECT MANAGEMENT
AND IMPLEMENTATION OF BUS AND BUS FACILITIES GRANT FOR BATTERY
ELECTRIC BUSES
City Council approved an agreement with the LeFlore Group, LLC in an amount not to exceed $199,800, from July 1, 2023 through June 30, 2025; and authorized the City Manager to execute the agreement and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney. 1120-10
PROJECT NO. 7927.2 - AWARD OF CONTRACT – CONTRACT AMENDMENTCONSTRUCTION AND CONSTRUCTION SUPPORT SERVICES FOR LOCAL STREETS REHABILITATION PROGRAM – PHASE 2 ZONE 3, ENGINEER’S REPORT NO. 23-10
City Council:
a. awarded a contract to R.J. Noble Company in the amount of $5,048,647 for construction of Project No. 7927.2, roadway surface improvements for Zone 3; and authorized the City Manager to execute the contract with any amendments, provided there is adequate funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney; and b. amended the current Project No. 7929.1 contract with Onward Engineering (Amendment No. 4) to include $175,000 to provide Construction Management & Construction Inspection services for Project No. 7927.2; and authorized the City Manager to execute the amendment to the contract with Onward Engineering, Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
6 provided there is adequate funding in the budget, on behalf of the City, in a form approved by the City Attorney. 1005-04-7927.2
PROJECT NO. 7928.2 - AWARD OF CONTRACT – CONTRACT AMENDMENTCONSTRUCTION AND CONSTRUCTION SUPPORT SERVICES FOR LOCAL STREETS REHABILITATION PROGRAM – PHASE 2 ZONE 8, ENGINEER’S REPORT NO. 23-11
City Council:
a. awarded a contract to R.J. Noble Company in the amount of $2,038,715 for construction of Project No. 7928.2, roadway surface improvements for Zone 8; and authorized the City Manager to execute the contract and any amendments, provided there is adequate funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney; and b. amended the current Project No. 7927.1 contract with JMD Engineering (Amendment No. 2) to include $203,872 for performance of the Construction Management & Construction Inspection services for Project 7928.2; and authorized the City Manager to execute the amendment to the contract with JMD Engineering, provided there is adequate funding in the budget, on behalf of the City, in a form approved by the City Attorney. 1005-04-7928.2
AGREEMENT - TECHNOLOGY INFRASTRUCTURE UPGRADES AND
TECHNOLOGY SOFTWARE UPGRADES (MICROSOFT 365) – PROJECT NOS.
7.1T6219 AND 7.1T5219
City Council approved an agreement with IBE Digital to provide technology infrastructure and software upgrades in an amount not to exceed $2,096,481; and authorized the City Manager to execute the contract and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney. 634-04
APPOINTMENTS
ADVISORY BODY APPOINTMENTS
None. 200
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
7 PUBLIC HEARINGS
ORDINANCE NO. 23-1741 - ZONE CHANGE NO. 2022-02 TO AMEND THE ZONING
DESIGNATION OF A PORTION OF THE SITE ZONED AUTOMOBILE PARKING TO RESTRICTED COMMERCIAL AT 12217 ROSECRANS AVENUE
Mayor Valencia opened the public hearing to consider approving Zone Change No. 2022- 02 to amend the zoning designation of a portion of the site zoned automobile parking to restricted commercial. The City Clerk presented a report on legal requisites for notice of hearing. Jill Ann Arabe, Development Services Manager, provided a report. There being no persons wishing to testify in this matter, Mayor Valencia closed the public hearing.
Councilmember Ayala moved and Councilmember Perez seconded to introduce by title only Ordinance No. 23-1741, AN ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-02 FOR THE PROPERTY LOCATED AT 12217 ROSECRANS AVENUE, and schedule for adoption. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, and Ramirez and Mayor Valencia NOES: None
ABSENT: Vice Mayor Rios 320-09-2022-02
DELINQUENT REFUSE COLLECTION ACCOUNTS
Mayor Valencia opened the public hearing to consider the delinquent refuse collection accounts. The City Clerk presented a report on legal requisites for notice of hearing.
Gabriel Garcia, Senior Management Analyst, provided a report. There being no persons wishing to testify in this matter, Mayor Valencia closed the public hearing.
Councilmember Ayala moved and Councilmember Perez seconded to approve the lien lists for the delinquent accounts that are not paid by July 31, 2023, and authorize staff to forward a final list to the Los Angeles County Tax Assessor. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, and Ramirez and Mayor Valencia NOES: None
ABSENT: Vice Mayor Rios 626-02
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
8 REPORTS
PROPOSED CHANGES TO ACTIVITIES FOR FISCAL YEAR 2023/24 ANNUAL
ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
INVESTMENT PARTNERSHIPS PROGRAM
Following a report provided by John Ramirez, Director of Community Development, regarding proposed changes to activities for the Fiscal Year 2023/24 Community Development Block Grant and HOME Investment Partnerships Program Annual Action Plan, City Council discussion ensued. Councilmember Perez requested the City consider utilizing funds for additional programs such as Heating, Ventilation, and Air Conditioning installation, updating homes to make them energy efficient, and ramp installation to make homes compliant with American with Disabilities Act standards; Councilmember Ramirez agreed with the recommendations and requested additional programs be considered such as providing security cameras and offering workshops to assist homeowners in meeting City standards of code compliance. Following discussion, City Council directed staff to review the added proposals and bring the item back at a later date. 315 PROPOSED CHANGES TO ACTIVITIES FOR THE FISCAL YEAR 2019/20 ANNUAL
ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS A report was provided by Mr. Ramirez regarding proposed changes to activities for the Fiscal Year 2019/20 Annual Action Plan for the Community Development Block Grant Coronavirus Aid, Relief, and Economic Security Act Funds. RECEIVED AND FILED. 315 RESOLUTION NO. 23-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO ADD AND DELETE CERTAIN FULL-TIME POSITIONS TO
THE DEPARTMENT OF PUBLIC SERVICES
Jana Stuard, Director of Finance/Treasurer, provided a report. Councilmember Perez moved and Councilmember Ramirez seconded to adopt Resolution No. 23-41, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO ADD AND
DELETE CERTAIN FULL-TIME POSITIONS TO THE DEPARTMENT OF PUBLIC SERVICES. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, and Ramirez and Mayor Valencia NOES: None
ABSENT: Vice Mayor Rios 610
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
July 18, 2023
9 ORAL COMMUNICATIONS
Addressing City Council were Brian Trindle, Richard Lambert, and Paki Matael in person; and the City Clerk summarized emails submitted by Katherine Sanceri and John Perez.
ADJOURNMENT
There being no further business to come before City Council, the meeting was adjourned at 7:38 p.m., in memory of Caroline Ryan.
____________________________
THERESA DEVOY, CMC
CITY CLERK
ATTEST:
____________________________
ANA VALENCIA
MAYOR
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
Moises Mata, Financial Analyst
SUBJECT: PAYROLL FOR THE PERIOD JULY 9, 2023 – JULY 22, 2023 Background:
The City’s gross payroll cost for the period July 9, 2023 – July 22, 2023 totaling $1,278,647.86.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve gross payroll in the amount of $1,278,647.86; the payroll check numbers 37969 - 37977 and the voucher numbers 321145 – 321733 in the total net amount of $967,977.89 for the pay period July 9, 2023 – July 22, 2023.
Attachments:
N/A
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, City Clerk
SUBJECT: CLAIMS AGAINST THE CITY
Background:
Claims against the City were filed by Skye Connell, Katrina Fountain, and Kevin Sanchez. Upon review, the City’s claims administrator has recommended denial of the claims.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council deny the claims filed by Skye Connell, Katrina Fountain, and Kevin Sanchez.
Attachments:
N/A
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, City Clerk
SUBJECT: ORDINANCE NO. 23-1741 - ZONE CHANGE NO. 2022-02 AMENDING THE
ZONING DESIGNATION FOR A PORTION OF SITE ZONED AUTOMOBILE PARKING TO RESTRICTED COMMERCIAL AT 12217 ROSECRANS AVENUE Background:
The City Council, at its July 18, 2023 meeting, introduced Ordinance No. 23-1741, which will change the zoning on a portion of the subject site from automobile parking to restricted commercial. This ordinance is now being presented for second reading and adoption. If adopted this evening, Ordinance No. 23-1741 will become effective on August 18, 2023.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council accept for second reading and adopt Ordinance No. 23-1741,
AN ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-02 FOR THE PROPERTY LOCATED AT 12217 ROSECRANS AVENUE.
Attachments:
Ordinance No. 23-1741
ORDINANCE NO. 23-1741
AN ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS
FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE
NO. 2022-02 FOR THE PROPERTY LOCATED AT 12217 ROSECRANS AVENUE
WHEREAS, the City has received Zone Change No. 2022-02, a request from Henry and Alice Kim (“Applicant”) to rezone a portion of the project site from Automobile Parking (P) to Restricted Commercial (C-1) at 12217 Rosecrans Avenue, Norwalk, California, 90650 (“Subject Parcel”); also known as Assessor’s Parcel Number (“APN”) 8056-018-006, 8056-018-005, 8056-018-038, 8056-018-023, and 8056-018-024; and WHEREAS, a request for Tentative Parcel Map No. 2022-03, Precise Development Plan No. 2022-04, and Director Approval Request No. 2022-05 were also received in conjunction with this request; and
WHEREAS, Section 17.02.290.C of the Norwalk Municipal Code (NMC) requires the Planning Commission to hold a public hearing upon the initiation of a Zone Change; and
WHEREAS, Section 17.02.290.D of the NMC requires a recommendation of approval by the Planning Commission to City Council on Zone Change No. 2022-02; and WHEREAS, on June 14, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council approve Zone Change No. 2022- 02; and
WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Class 3 (New Construction or Conversion of Small Structures) and Class 32 (In-Fill Development Projects) Categorical Exemptions, Title 14 of the California Code of Regulations, Section 15303 and Section 15332. Class 3 Exemption consists of the construction of new small structures and Class 32 Exemption involves in-fill development within urbanized areas; and WHEREAS, on July 18, 2023, the City Council held a duly noticed public hearing on this Ordinance and considered all oral and documentary evidence presented thereto, as well as all documents and information in the administrative record.
THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council for the City of Norwalk finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Ordinance as substantive findings.
Ordinance No. 23-1741 Page 2 of 4
Section 2. The proposed Zone Change is in compliance with the NMC and the Norwalk General Plan. It is consistent with objectives and policies of the General Plan as it will promote a positive image for the City, provide adequate local-serving commercial uses, and encourage designs compatible with the scale and character of adjacent uses.
Section 3. The City Council has determined that the existing zoning designation must be revised to adequately address issues related to the current and future social, physical and economic environment in the City of Norwalk in order to create consistency with surrounding developments and general plan designation.
Section 4. The proposed Zone Change will be in the public interest since it will reflect current and contemplated land uses on the site and create consistency between the General Plan Map and Zoning Map.
Section 5. The City Council of the City of Norwalk hereby approves Zone Change No. 2022-02 amending the Zoning Map as indicated in Exhibit “A.” Section 6. The City Council of the City of Norwalk hereby finds the project associated with Zone Change No. 2022-02 exempt from CEQA pursuant to CEQA Guidelines, Categorical Exemptions, Class 3 (New Construction or Conversion of Small Structures) and Class 32 (In-Fill Development Projects), Title 14 of the California Code of Regulations, Section 15303 and Section 15332.
Section 7. Severability. If any section, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared unconstitutional or invalid.
Section 8. Certification. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
PASSED, APPROVED, AND ADOPTED on this 1st day of August 2023. ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
Ordinance No. 23-1741 Page 3 of 4
EXHIBIT “A”
1) Change the Zoning Designation of a portion of 12217 Rosecrans Avenue, Norwalk, California, 90650, specifically, the easternmost lot, APN No. 8056-018-024, from Automobile Parking (P) to Restricted Commercial (C-1).
Ordinance No. 23-1741 Page 4 of 4
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Jana Stuard, Director of Finance/City Treasurer
Mario Mera, Engineering Division Manager
Damian Rosales, Special Projects Coordinator
Randall Hillman, Associate Engineer
SUBJECT: PROJECT NO. 7931 - ACCEPT WORK FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED LOCAL STREET REHABILITATIONS IN ZONE 28 – ENGINEERS REPORT 23-12
Background:
On January 17, 2023, City Council awarded a contract to Hardy & Harper, Inc. (Lake Forest) ($956,000) and included a contingency of $114,720 for the subject project. The streets for this project are part of Zone 28 of this project and shown on the attached map.
The scope of work included replacement of corner access ramps to current standards, and improvement of the roadway pavement within the project limits. Additional work ($104,188) was required to properly restore the roadway subgrade of a few locations prior to paving operations.
Final project costs are $1,060,188.
The project was completed satisfactorily on May 15, 2023.
Fiscal Impact:
The project was funded using $500,000 of Community Development Block Grant (CDBG) funds, $505,720 Road Maintenance Rehabilitation Account (RMRA) funds and $65,000 Transportation Development Act Article 3 (TDA-3) funds were included in the Fiscal Year 2022/23 budget. No General Fund monies were used for the project. Unexpended funds are available for reprogramming.
City Council August 1, 2023
Accept Project No. 7931 - CDBG Local Streets
Rehabilitation
Page No. 2
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended actions will further the City’s 2023 Strategic Plan, Goal 2 Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods, Objective 1, Re-invest in existing and aging Infrastructure.
Recommended Action:
Staff recommends City Council accept the work of Hardy & Harper, Inc. in the amount of $1,060,188 for Project No. 7931, the Community Development Block Grant Local Streets Rehabilitation Project.
Attachments:
Project Map
Project Map
LEGEND:
Completed Streets
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Christine Roberto, Public Services Manager
Gabriela Garcia, Senior Management Analyst
SUBJECT: POOL MAINTENANCE AND REPAIRS FOR LAP AND WADER POOLS AT THE
NORWALK PARK AQUATIC PAVILION AND CHEMICAL SUPPLIES FOR
POOLS AND CITY WATER WELLS AGREEMENT
Background:
On May 8, 2023, the City advertised for bids to provide monthly maintenance services for the lap and wader pools at Norwalk Park Aquatic Pavilion, repair services as needed, and chemical supplies for the pools and City water wells. Two bids were received on June 8, 2023, with the following results:
Bidder Service/Chemicals Annual Bid
Amount
Waterline Technologies Inc. Maintenance Services
Pool Chemicals
- Sodium Hypochlorite
- Hydrochloric Acid 30%
- Hydrochloric Acid 15%
- Sodium Bicarbonate
$10,850
$2.99
$4.95
$4.10
$33.50/bag
HASA Inc. Maintenance Services
Pool Chemicals
- Sodium Hypochlorite
- Hydrochloric Acid 30%
- Hydrochloric Acid 15%
- Sodium Bicarbonate
$11,200
$2.88
$3.56
$2.75
$21.95/bag
City Council August 1, 2023
Pool Maintenance & Chemicals Agreement Page No. 2
Waterline Technologies Inc. provides the lowest cost for pool maintenance. Their chemical cost is slightly higher than HASA Inc., the City’s most recent maintenance provider, but HASA Inc. has declined to provide pool chemicals unless a contract is in place for all services. City staff have also voiced concerns regarding HASA Inc.’s maintenance performance during the most recent contract term, which expired on June 30. 2023.
Approximately $47,000 per year is spent on chemicals for the pools and City water wells. Staff will continue to monitor costs and ensure the City is receiving the best possible pricing. Waterline has agreed to provide pool chemicals in the interim, until the agreement has been approved.
Minor repair services will require written quotes prior to approval of repairs. Any major repairs to pool equipment will follow the Purchasing Policy for bidding purposes.
The term of the proposed agreement would be for three years beginning July 1, 2023 through June 30, 2026, with the option of two one-year extensions, and allow for annual increases upon mutual consent.
The agreement has a 30-day termination clause in the event the City found it necessary to end the agreement prior to the full term.
Fiscal Impact:
The first year of the agreement in the amount of $58,000 is included in the Fiscal Year 2023/24 budget. Subsequent years will be budgeted annually.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve an agreement with Waterline Technologies Inc., in the amount of $58,000 annually to provide maintenance services for the lap and wader pools at the Norwalk Park Aquatics Pavilion, repair services, and chemicals for the pools and City well sites from July 1, 2023 through June 30, 2026, with the option of two additional one-year extensions; and authorize the City Manager to execute the agreement and any amendments, provided there is funding in the budget and it is within the City Managers signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
N/A
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Mario Mera, Engineering Division Manager
SUBJECT: RESOLUTION NO. 23-44 – ADOPTION OF LIST OF PROJECTS FOR FISCAL YEAR 2023/24 ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDS
Background:
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), which is known as the Road Repair and Accountability Act of 2017. The objective of SB1 is to address deferred maintenance on local street and road systems through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects.
SB1 created the Road Maintenance and Rehabilitation Account (RMRA), to be funded and apportioned to cities based on gas and diesel fuel excise tax, vehicle registration, and the California Consumer Price Index. The exact amount that the City receives will vary annually. Below is a list of the funds received to date and Fiscal Year (FY) estimates:
FISCAL YEAR SB1 FUNDS
FY 2020/21 $1,985,094 Actual
FY 2021/22 $2,138,601 Actual
FY 2022/23 $2,204,304 Actual
FY 2023/24 $2,505,932 Estimated
On March 24, 2021, the California Transportation Commission (CTC) adopted revised guidelines for RMRA funds. The guidelines state that eligible RMRA activities include but are not limited City Council August 1, 2023
Resolution No. 23-44 – Adoption of List of Projects for Page No. 2 Fiscal Year 2023/24 RMRA Funds
to: road maintenance and rehabilitation, safety projects, complete streets components, traffic control devices, and satisfaction of match requirements.
The guidelines also state that cities must submit a City Council approved proposed project list to the CTC. Below is a brief overview of activities in processing applications of RMRA funds and its associated dates:
Activity Annual Dates
Initial eligibility deadline for City to submit to CTC a proposed Project List that has been approved by the City Council July 1st CTC adopts list of eligible cities/counties and submits list to Controller By August 31st Subsequent eligibility deadline for City to submit to CTC a proposed Project List that has been approved by the City Council September 30th CTC adopts subsequent list of eligible city/county projects and submits list to Controller By October 31st
Controller fiscal year apportionments begin for cities/counties with subsequent eligibility November
In-Progress and Project Completion Reports Recommend: Annual Reporting of Fiscal Year Expenditures Due to Commission Staff December 1st In FY 2018/19, the City completed its first two projects funded by RMRA, Project Nos. 7916 and 7919, which resurfaced approximately 3.8 miles of residential streets. Project No. 7920, will resurface approximately nine miles of residential streets funded by RMRA funds. Project No. 7920 is estimated to be complete in FY 2023/24.
Staff evaluated the various needs of the City that are eligible under SB1 funding. Street improvements were prioritized, followed by equipment purchases that can be utilized to maintain the traffic signal infrastructure. Exhibit A of Resolution No. 23-44 lists the various uses of FY 2023/24 RMRA funds accompanied by a location map (Attachment No.2) for City Council’s consideration. The list can be edited as needed throughout the year via City Council resolution.
City Council August 1, 2023
Resolution No. 23-44 – Adoption of List of Projects for Page No. 3 Fiscal Year 2023/24 RMRA Funds
Fiscal Impact:
Prior allocations and approved budgets are as follows:
RMRA FUNDS
FY 2021/22 FY 2022/23 FY 2023/24 NOTES
Allocations $ 2,138,601 $ 2,204,304 $ 2,505,932 Estimated State Allocation FY 2023/24
Expenditures $ (64,877) $ (644,393) $ - Expenditures
$ (3,300,000) FY 2023/24 Project
Estimate
Balance $ 6,731,385 $ 8,291,295 $ 7,497,227 Estimated Balance FY 2023/24
Staff has verified the estimated RMRA allocation for FY 2022/23 at $2,505,932. Project expenditures utilizing RMRA funds are estimated at $3,300,000 leaving a fund balance of $7,497,227 for future projects.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 2: Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods; Objective 1- Re-invest in existing and aging infrastructure.
Recommended Action:
Staff recommends City Council adopt Resolution No. 23-44, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.
Attachments:
1. Resolution No. 23-44, including Exhibit A
2. SB1 Funded Street Improvements Location Map
RESOLUTION NO. 23-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/24
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; WHEREAS, the City of Norwalk must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Norwalk will receive an estimated $2,505,932 in RMRA funding in Fiscal Year 2023/24 from SB 1; and
WHEREAS, this is the seventh year in which the City of Norwalk is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities and project list through community forums, publication of upcoming street work in the Norwalk Now newsletter, and opportunity to give public comment at each City Council meeting; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment, with CIP No.7920 having streets with very poor rating (PCI 11-25) from the 2020 Pavement Management Study conducted by Bucknam Infrastructure Group, Inc.; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately nine miles residential street pavement segments with a grind and overlay treatment, this Fiscal Year 2023/24; and
Resolution No. 23-44 Page 2 of 5
WHEREAS, the City desires to mitigate and maintain safe passage upon residential street pavements, the City will utilize pavement milling equipment to enhance its efforts of maintenance to prolong and maximize street pavement service life; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. The forgoing recitals are true and correct.
Section 2. The proposed use of RMRA funds is listed as per Exhibit A will be funded in-part or solely with Fiscal Year 2023/24 Road Maintenance and Rehabilitation Account revenues.
Section 3. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 1st day of August 2023.
ANA VALENCIA
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
Resolution No. 23-44 Page 3 of 5
Exhibit A
List of Newly Proposed and Adopted Projects
The following list of previously proposed adopted projects will be funded in-part or solely with Fiscal Year 2023/24 Road Maintenance and Rehabilitation Account revenues Project Title: City Project No. 7920.1 and 7920.2
Fiscal Year Originally Listed FY 2018/19
Estimated Useful Project Life: 10-15 years
Design Start Date: July 2023
Estimated Design Completion: January 2024
Estimated Construction Start: March 2024
Estimated Construction
Completion:
June 2024
Project Description:
The project involves design and construction of approximately 9 miles of residential streets. Design accounts for field survey to determine proper drainage and assessment of pavement conditions. It also considers curb ramps that shall be in compliance with the Standards of the American Disabilities Act (ADA).
Design quantifies the improvements and prepares construction documents (Plans Specifications and Estimate) for bidding.
The construction shall address various types of concrete improvements such as curb and gutters, removal of slotted cross gutters, upgrades of accessibility ramps at intersection corners to current standards, and improvements to deteriorated alley pavements or unpaved alleys, as well as incidental adjustments to abutting sidewalks and driveways.
Project Location: City Wide – See Map
Street Name From To Length
(Feet)
Width
(Feet)
7920.1
1 Elmhurst Alora Gridley 1,021 32
2 Alora Harvard Elmhurst 1,063 32
3 Graystone Harvard Elmhurst 1,025 32
4 Longworth Harvard Elmhurst 1,026 26
5 Harvest Harvard Elmhurst 1,026 26
6 Gridley Harvard Elmhurst 1,055 34
7 Harvard Alora Flallon 2,864 32
Resolution No. 23-44 Page 4 of 5
8 Cedarvale Maidstone Flallon 827 26
9 Faculty Maidstone Flallon 822 26
10 Chesterton Cut De Sac Flallon 783 26
11 Jersey Chesterton Dartmouth 610 26
12 Elmhurst Jersey Cut De Sac 192 26
13 Dartmouth Jersey Flallon 249 26
14 Dartmouth End West of Street Maidstone 778 34
15 College End West of Street Maidstone 809 27
16 College Maidstone Flallon 533 32
17 Baylor End West of Street Maidstone 770 27
18 Hopland Pioneer Norwalk 3,026 34
19 Brink Excelsior Highdale 299 34
20 Ferina Grayland Ibex 611 28
21 Grayland Highdale Hopland 574 34
22 Excelsior Norwalk Bloomfield 2,600 56
23 Excelsior Frontage Thornlake Dartmoor 2,150 25
7920.2
24 Lakeland Milano Kalnor 3,044 34
25 Alburtis Lakeland Milano 2,921 34
26 Allard Alburtis Pioneer 526 34
27 Bayla Mondon Flallon 497 28
28 Buell End W Corby 339 24
29 Corby Milano Lakeland 1,353 34
30 Cresson Milano Alburtis 777 33
31 Cyclops Mondon Cul De Sac 380 26
32 Flallon Pantheon North End 1,434 28
33 Gem Mondon Cul De Sac 243 28
34 Hercules Mondon Cul De Sac 243 28
35 Hermes Milano Alburtis 734 34
36 Jersey Cresson Hermes 488 28
37 Kenney Flallon Corby 451 34
38 Lakeland Milano Pioneer 984 34
39 Maidstone Milano (S) Milano (N) 1,092 28
40 Milano Bayla Corby 2,925 34
41 Mondon Mondon Cul De Sac 121 26
42 Pantheon Mondon Flallon 384 28
Resolution No. 23-44 Page 5 of 5
43 Pioneer West Alley Tina North End 870 20
44 Pluton Mondon Milano 308 28
45 Tina Mondon Pioneer 992 34
Lakeland Rd Flallon Ave
Corby Ave Buell St Kenney St
Jersey Ave PlutonSt Tina St Cresson St Allard StPioneer west alley Excelsior Dr Brink Ave Grayland Ave Highdale St Ferina St Hopland St Molette St Clarkdale St 164th St Cedarvale St 165th St Graystone Ave Alora Ave
Longworth Ave Harvest Ave Gridley Rd
Sylvanwood Ave McRae Ave Gard Ave Elmhurst Dr Harvard Dr Cedarvale St Faculty Dr Chesterton St Dartmouth Dr College Dr Baylor Dr Lyndora St Cheddar St Borson St Ratliffe St Adoree St Crossdale Ave Dalwood Ave Graystone Ave Longworth Ave Harvest Ave Gridley Rd
Orr and Day Rd Cheddar St BorsonSt AdoreeSt ATTACHMENT NO. 2 City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Jacqueline Koontz, P.E., Senior Civil Engineer
Julio Gonzalez, Associate Engineer
SUBJECT: AWARD AGREEMENT FOR WATER METER READING SERVICES AND FOR
EMERGENCY ON-CALL WATER DISTRIBUTION SYSTEM REPAIRS
Background:
The Norwalk Municipal Water System (NMWS) service area is comprised of portions within the Cities of Norwalk and Artesia, and a small, unincorporated portion of Los Angeles County. The NMWS also includes portions of the water system within the City of Artesia referred to as the Artesia Service Area (ASA). Golden State Water Company, Liberty Utilities, the Cities of Santa Fe Springs and Cerritos provide water service to the remaining areas within the City’s boundaries. NMWS serves an estimated population of 22,280 through approximately 5,362 service connections.
Water Meter Reading Services
In 2022, City staff advertised a Request for Proposals (RFP) for professional services for ASA water meter reading and related work. The City received one proposal in response the RFP. On September 6, 2022, City Council awarded a contract agreement to Stephen Doreck Equipment Rentals, Inc., (Stephen Doreck) to provide professional services for ASA water meter reading and related work. The agreement scope of work includes bi-monthly water meter reading (489 meters), rereads, notifying the City of repairs and leaks, turning service on and off, fire flow testing, and support services within the ASA. These routes are considered to be within a high profile area that usually require Public Safety and/or Sheriff’s presence. Stephen Doreck is familiar with the area, the City’s system, and has successfully completed all work requested with no problems.
City Council August 1, 2023
Award Agreement for Meter Reading Services /
Emergency On-Call Water Distribution System Repairs
Page No. 2
Figure 1: ASA Map
Stephen Doreck’s contract agreement expired August 22, 2022, but they have continued to work for the City under the existing agreement. City staff received invoices on July 14, 2023. Expenses yet to be paid for water meter reading and related services rendered are shown in the table below.
Table 1: Stephen Doreck Invoices
Month/Day/Year Expenses
07/01/22 - 07/08/22 $5,950
09/01/22 - 09/08/22 $5,950
11/01/22 - 11/08/22 $5,950
01/01/23 - 01/08/23 $5,950
03/01/23 - 03/08/23 $5,950
05/01/23 - 05/08/23 $5,950
Total $37,500
City staff received a proposal from Stephen Doreck for $54,150 for water meter reading services and related services for the ASA. Due to Stephen Doreck’s success and familiarity with the City’s water distribution systems, staff are recommending the City continue with ASA services. In addition to, expanding services for the NMWS due to crewmember staffing shortages along with an increase in utility related projects. The contract agreement term will be City Council August 1, 2023
Award Agreement for Meter Reading Services /
Emergency On-Call Water Distribution System Repairs
Page No. 3
for Fiscal Year (FY) 2023/24, with the option to extend two additional one-year terms. A Consumer Price Index (CPI) adjustment capped at 3% will apply to contract term extensions.
Emergency On-Call Water Distribution System Repairs
It is imperative that the NMWS deliver water to maintain the safety, health, and welfare of the public. From August 2022 through June 2023, Public Services contacted Stephen Doreck to investigate and repair water leaks at several locations throughout the City.
Norwalk Municipal Code 3.20.140 provides procedures for emergency work for recommendation and approval for each service requested. Public Services, Utilities Division received the following invoices for the emergency repair work on July 14, 2023 per the following table:
Table 2: Invoices for Emergency Repair Work
Invoice No. Location Emergency Issue Cost
22MS35-01 13918 Jersey
Street
Four-inch mainline
leak $3,705.08
22MS78-01 168th Street Customer Service leak
and sidewalk repair $11,378.61
22MS88-01 16403 Harvest Two Two-inch service
line leaks $16,347.40
23MS03-01 13903 Harvest Six-inch mainline leak $5,349.79 23MS45-01 11916 169th
Street
Customer Service leak
and sidewalk repair $5,690.81
Total $42,471.69
Stephen Doreck has successfully performed a multitude of emergency repairs for the City’s water distribution system over many years. This contractor has proven to be a dependable contractor that provides quality work and have a good understanding of particulars of the NMWS. In addition to their performance, Stephen Doreck is located nearby in Pico Rivera, which allows for a reduced response time during emergency situations. Staff recommends establishing a contract agreement with Stephen Doreck for Emergency On-Call Water Distribution System repairs for the NMWS and the ASA.
City Council August 1, 2023
Award Agreement for Meter Reading Services /
Emergency On-Call Water Distribution System Repairs
Page No. 4
Description of Services
Approved FY
2023/24
Budget
Costs for
Services
Approved
Budget vs.
Additional Costs
Meter Reading and Related
Services for ASA $45,000 $54,150 +$9,150
Meter Reading and Related
Services for NMWS $0 $50,000 +$50,000
Emergency Water System
Repairs $120,000 $120,000 $0
Totals $165,000 $224,150 +$59,150
Fiscal Impact:
The cost for the ASA in FY 2023/24 is $54,150 for Routes 21 and 22 (489 meters). Funding for water meter reading services in the ASA in the amount of $45,000 is included in the approved FY 2023/24 Water Enterprise budget. Additional funding for as-needed assistance with routes for the NMWS will be needed in the amount of $50,000. The City will utilize the savings from salaries due to two vacant positions in the Utilities Division to cover additional costs for services.
Costs for emergency repair services will vary depending on the personnel and equipment needed, time spent to complete the work, and pricing for materials needed. The City will be invoiced on a time and materials basis. Emergency water distribution system repairs are budgeted on an annual basis. Funding for emergency water system repairs for the NMWS and the ASA in the amount of $120,000 is included in the approved FY 2023/24 Water Enterprise budget.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
City Council August 1, 2023
Award Agreement for Meter Reading Services /
Emergency On-Call Water Distribution System Repairs
Page No. 5
Recommended Action:
Staff recommends City Council:
a. approve payment of invoices received from Stephen Doreck Equipment Rentals, Inc. for water meter reading services, as listed in Table 1, in the amount of $37,500; and b. approve payment of invoices received from Stephen Doreck Equipment Rentals, Inc. for emergency water distribution system repairs, as listed in Table 2, in the amount of $42,471.69; and
c. approve an agreement with Stephen Doreck Equipment Rentals, Inc. to provide Water Meter Reading and Related Services and Emergency On-Call Water Distribution System Repairs for an amount not-to-exceed $224,150, for Fiscal Year 2023/24, with the option to extend the agreement term for two, one-year extensions with the inclusion of a Consumer Price Index adjustment of rates capped at a maximum of 3% for each year extended; and authorize the City Manager to execute the agreement, and to accept work and approve additional payments for emergency work as necessary to prevent an interruption of water deliveries, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
Attachments:
N/A
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Amanda Moreno, Senior Management Analyst
SUBJECT: AGREEMENT TO PROVIDE DOCUMENT SCANNING SERVICES Background:
The Community Development Department (Department) primarily utilizes a paper record keeping process where documents are stored in the City’s storage spaces or offsite. In an effort to provide better accessibility and create more workspace, the Building & Safety Division initiated the first phase of a digitization process in 2019, by scanning the commercial plans. The remaining documents continue to age and degrade over time. Record conversion of the these documents are necessary to preserve important plans and records required to be maintained for the life of a building or program, as well as increasing accessibility of the records located within the virtual records software.
The Department issued a request for proposals for document scanning services on March 10, 2023. The objective is to scan all documents produced by, including but not limited to, the Department’s Planning, Building & Safety, CDBG/HOME, and Housing Authority Divisions, into a digital format in order to reduce the physical storage spaces. The qualified vendor will provide all labor, materials, tools, and equipment required for scanning and indexing. Following is a list of the qualified bidders:
1. ARC Document Solutions
2. File Keepers
3. GRM Information Management Services
4. Konica Minolta
5. Meta Source
6. Raycom
7. Viatron
City Council August 1, 2023
Agreement - Document Scanning Services Page No. 2
Staff reviewed the proposals based on qualifications, proposed team and organization, work plan, and proposed fees. Following the initial evaluation, staff interviewed the top three ranked vendors, and it was determined that based on the City’s current system and software, Viatron would be the most qualified vendor to undertake the tasks outlined in the request for proposal. Viatron is committed to providing the highest quality of service on-time and on-budget for the project. They have over thirty years of experience providing services that include scanning municipal records. A few of their recent projects of similar nature include the cities of Los Angeles and Carlsbad.
The City currently uses the Onbase program to store and view its scanned City documents. The documents are stored on a City-owned server and use a web-based application to view the documents. Due to the volume and size of the documents in the Department, the selected vendor will scan and index the documents and deliver the data to the City in a form that can be stored in the City-owned server to be used in the web-based application.
Fiscal Impact:
Funding for this project is earmarked from the American Rescue Plan Act funds and no general fund monies will be used. Fiscal Year 2023/24 Budget has an approved expenditure amount of $600,000.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve an agreement with Viatron to provide document scanning services in an amount of $517,006, including a 10% contingency if necessary, from the effective date of the agreement, August 1, 2023, until the services are completed; and authorize the City Manager to execute the agreement and any amendments up to the contingency amount provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
N/A
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, CMC, City Clerk
SUBJECT: RESOLUTION NO. 23-48 - ADOPTING NEW RECORDS RETENTION
SCHEDULE
Background:
The City is updating its records management schedule to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency, take advantage of current technology, and changes in law. Diane Gladwell, Gladwell Governmental Service, Inc., the originator of the current retention schedule and an expert in developing local government records retention schedules, preparing records management procedures, and conducting employee training was contracted to review the schedule with each of the departments and update the schedule.
As there are many new employees, Ms. Gladwell was first tasked with conducting a citywide training session. Topics such as the need for the schedule, current changes to law and operations, describing what a public record is and how to identify them, and how to use the schedule to preserve specific records as identified in the City’s Schedule and destroy obsolete records when they have met their retention. She then met with each department individually to review and update their department’s schedule.
The proposed schedule was revised with input from representatives from all departments and reviewed by Ms. Gladwell, each department, the City Clerk’s department, and the City Attorney. By identifying which department is responsible for maintaining the original record, and by establishing clear retention periods for different categories of records, the City should realize savings in labor costs, storage costs, free filing cabinet and office space, and achieve operational efficiencies.
In addition, in reviewing the process to further streamline it, Section 2 includes the authority for the routine destruction of records that have exceeded their adopted retention period, upon the request of the Department with the consent in writing of the Department Head, City Clerk, and City Attorney. This is standard business practice for California cities, and will reduce costs and improve efficiency for the City. Last, it is also standard business practice for California cities to authorize City Council August 1, 2023
Resolution No. 23-48 - Records Retention Schedule
Update
Page No. 2
updates to the schedule without further action of City Council, which has been provided for in Section 3 of the resolution.
Fiscal Impact:
The cost for the services to review and revise the schedule was included in the Fiscal Year 2022/23 budget. Indirectly, the City should realize savings both in labor and storage expenses; including the avoidance of future storage and/or construction costs to house records that are deemed obsolete.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Resolution No. 23-48, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK ADOPTING A NEW RECORDS RETENTION
SCHEDULE AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS AND REPEALING RESOLUTION NO. 09-05.
Attachments:
Resolution No. 23-48, with Exhibit A
RESOLUTION NO. 23-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
ADOPTING A NEW RECORDS RETENTION SCHEDULE AND
AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS
WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Norwalk; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and
WHEREAS, the City of Norwalk previously adopted Resolution No. 09-05, approving the current Records Retention Schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK DOES RESOLVE AS FOLLOWS:
Section 1. Resolution No. 09-05, which approved the current retention schedule is hereby repealed.
Section 2. The records (electronic and paper) of the City of Norwalk, as set forth in the Records Retention Schedule Exhibit A, attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said schedule upon the request of the Department Head and with the consent in writing of the Department Head, City Clerk, and City Attorney, without further action by the City Council of the City of Norwalk.
Section 3. Updates are hereby authorized to be made to the Records Retention Schedule, without any further action by the City Council, with the consent of the Department Head, City Clerk, and City Attorney.
Section 4. The term “records” as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the California Public Records Act.
Section 5. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
Section 6. This resolution shall become effective immediately upon its passage and adoption.
Resolution No. 23-48 Page 2 of 162
APPROVED AND ADOPTED on this 1st day of August 2023.
ANA VALENCIA
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, CMC, City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS
Background:
With the exception of the Planning Commission (which is commensurate with the appointing Councilmember’s term) and five members of the Art in Public Places Commission (which is established in the Norwalk Municipal Code), Advisory Body terms are for two years following a City election. Advisory Body terms are from January 1, of odd years to December 31, of even years.
There are vacancies on several Advisory Bodies: Art in Public Places (4), Historical Heritage (4), Parks & Recreation (1), Public Safety (2), and the Youth Commission (all 15). The Youth Commission does not have any members at this time. The age range for the Youth Commission is between 13 to 18 years of age. Each City Councilmember has three appointments.
Two of the vacancies on the Art in Public Places Committee are appointed based on Norwalk Municipal Code §15.44.060, and require consensus of the entire City Council. Those positions are: one at-large Community Representative and one Outside Authority with Expertise in Art.
Fiscal Impact:
N/A
Citizens Advised:
Terms of office are posted.
City Council August 1, 2023
Advisory Body Appointments Page No. 2
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Councilmembers make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2024.
Attachments:
Advisory Body List
COMMISSIONER TERMS As of 08/01/2023
C:\inetpub\wwwroot\multitenant\temp\Advisory Body List.pdf Page 1 “Vacancies “at-a-glance”
AYALA PEREZ RAMIREZ RIOS VALENCIA
Historical Heritage
Youth (3)
Public Safety
Historical Heritage
Youth (3)
Art in Public Places
Historical Heritage
Public Safety
Youth (3)
Historical Heritage
Parks & Recreation
Youth (3)
Art in Public Places
Youth (3)
Members of all City boards, commissions or committees shall be for at least six months prior to appointment, residents of the City of Norwalk, business owners in the City of Norwalk, or property owners in the City of Norwalk.
Commissioner Advisory Body Appointee Present Term
Ang, David Community Promotion Commission Valencia 1/17/23-12/31/24 Brammer, Lisa Community Promotion Commission Ayala 1/17/23-12/31/24 Leon, Armida Community Promotion Commission Ramirez 2/7/23-12/31/24 Sanchez Jr, Arturo Community Promotion Commission Rios 1/17/23-12/31/24 Trejo, Mandie Community Promotion Commission Perez 1/17/23-12/31/24 Vacant Historical Heritage Commission Ayala -12/31/24
Vacant Historical Heritage Commission Perez -12/31/24
Vacant Historical Heritage Commission Ramirez -12/31/24 Vacant Historical Heritage Commission Rios -12/31/24
Corona, Gina Historical Heritage Commission Perez 1/17/23-12/31/24 Greenidge, Marcelle Historical Heritage Commission Valencia 3/21/23-12/31/24 Hardy, Marlene Historical Heritage Commission Ayala 1/17/23-12/31/24 Hidalgo, Ericka Historical Heritage Commission Rios 2/7/23-12/31/24 Hernandez, Alex Historical Heritage Commission Ramirez 2/7/23-12/31/24 Pavon, Claudia Carolina Historical Heritage Commission Valencia 1/17/23-12/31/24 Vacant Parks & Recreation Commission Rios -12/31/24
Berberabe, Francisco Parks & Recreation Commission Perez 1/17/23-12/31/24 Carbajal, Maria Parks & Recreation Commission Valencia 1/17/23-12/31/24 Garcia, Steve Parks & Recreation Commission Ramirez 2/7/23-12/31/24 Hernandez, Alejandra Parks & Recreation Commission Rios 1/17/23-12/31/24 Juan, Victor Parks & Recreation Commission Ayala 1/17/23-12/31/24 King, David Parks & Recreation Commission Perez 1/17/23-12/31/24 Martinez, Briana Parks & Recreation Commission Ayala 1/17/23-12/31/24 Napier, Monique Parks & Recreation Commission Ramirez 1/17/23-12/31/24 Valenzuela, Don Parks & Recreation Commission Valencia 1/17/23-12/31/24 Apodaca, Kimberly Planning Commission Perez 12/13/22-12/31/26 Barragan, Rosa Planning Commission Rios 4/7/20-12/31/24 Garcia, Gabe Planning Commission Valencia 4/7/20-12/31/24 Lopez, Linda Planning Commission Ayala 12/13/22-12/31/26 Navas, Luis Planning Commission Ramirez 4/21/20-12/31/24 Vacant Public Safety Commission Perez -12/31/24
Vacant Public Safety Commission Ramirez -12/31/24
Fernandez-Silva, Ray Public Safety Commission Ayala 1/17/23-12/31/24 Greenidge, Marcelle Public Safety Commission Valencia 4/18/12-12/31/24 COMMISSIONER TERMS As of 08/01/2023
C:\inetpub\wwwroot\multitenant\temp\Advisory Body List.pdf Page 2 Commissioner Advisory Body Appointee Present Term
Hoskins, Patricia Public Safety Commission Valencia 1/17/23-12/31/24 Knieling, DiAnn Public Safety Commission Rios 1/17/23-12/31/24 LeGaspi, Richard Public Safety Commission Ayala 1/17/23-12/31/24 Peňa, Petra Public Safety Commission Ramirez 2/7/23-12/31/24 Rodriguez, Dr. Stephanie Public Safety Commission Perez 1/17/23-12/31/24 Rosoff, Michael Public Safety Commission Rios 1/17/23-12/31/24 Clemente, Cynthia Senior Citizens Commission Ayala 1/17/23-12/31/24 Contreras, Rachel Senior Citizens Commission Rios 1/17/23-12/31/24 Diosdado, Helen Senior Citizens Commission Valencia 1/17/23-12/31/24 Mesa, Martha Senior Citizens Commission Ramirez 1/17/23-12/31/24 Serrano, Esperanza Senior Citizens Commission Perez 1/17/23-12/31/24 Acosta, Scherise Social Services Commission Ramirez 1/17/23-12/31/24 Barth, Phyllis Social Services Commission Perez 1/17/23-12/31-24 Free, Espie Social Services Commission Valencia 7/5/23-12-31-24 Garcia, Andrea Social Services Commission Ramirez 1/17/23-12/31/24 Greenidge, Marcelle Social Services Commission Perez 3/21/23-12/31/24 LeGaspi, Richard Social Services Commission Valencia 1/17/23-12/31/24 Reyes-Castro, Elfega Arely Social Services Commission Ayala 1/17/23-12/31/24 Santos, Alondra Social Services Commission Rios 2/7/23-12/31/24 Stodola, Mary Social Services Commission Rios 1/17/23-12/31/24 Tasker, Angela Social Services Commission Ayala 1/17/23-12/31/24 Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Ayala -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Perez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Ramirez -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Rios -12/31/24
Vacant Youth Commission Valencia -12/31/24
Vacant Youth Commission Valencia -12/31/24
Vacant Youth Commission Valencia -12/31/24
Commissioner Advisory Body Appointed Present Term
Apodoca, Kim Art in Public Places Committee City Rep Appointed by Perez 1/17/23-12/31/24 LeGaspi, Natalie Art in Public Places Committee City Rep Appointed by Rios 1/17/23-12/31/24 Matus, Hannah Art in Public Places Committee City Rep Appointed by Ayala 1/17/23-12/31/24 Vacant Art in Public Places Committee City Rep Appointed by Ramirez -12/31/24 Vacant Art in Public Places Committee City Rep Appointed by Valencia -1231/24 Art in Public Places Advisory Committee
NMC §15.44.060 A: Designation
Vacant Art In Public Places Committee Outside Auth w/Expertise in Art Indefinite Vacant Art in Public Places Committee Community Rep Indefinite Stefenhagen, Gordon Art in Public Places Committee Bus./Community College Rep Indefinite Lopez, Linda Art in Public Places Committee Planning Rep 12/13/22-12/31/26 Juan, Victor Art in Public Places Committee P&R Appointee 1/17/23-12/31/24 City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Ozzie Ramos, Director of Public Safety
SUBJECT: ORDINANCE NO. 23-1742 - AMENDING CHAPTER 9.30 “SPEED CONTESTS OR EXHIBITIONS OF SPEED” TO TITLE 9 OF THE NORWALK MUNICIPAL
CODE TO AUTHORIZE THE SEIZURE AND FORFEITURE OF NUISANCE
VEHICLES
Background:
California Vehicle Code Section 23109 (CVC Section 23109) prohibits all persons from engaging in motor vehicle speed contests and/or exhibitions of speed on any highway or off-street parking facility. Violations of CVC Section 23109 are punishable by a fine and/or custody in the County Jail, as well as suspension of an operator’s Driver’s License.
In a further effort to combat the safety hazards and other adverse consequences resulting from illegal speed contests and exhibitions of speed, on November 1, 2022, City Council adopted Ordinance No. 22-1736, adding Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) to Title 9 of the Norwalk Municipal Code (NMC) which, in pertinent part, prohibits persons from being present as a spectator at an illegal speed contest or illegal exhibition of speed. Pursuant to the NMC, violations of Chapter 9.30 constitute misdemeanor offenses and violations may also be subject to an administrative fine.
Discussion:
Over the past several years, the County of Los Angeles, including the City of Norwalk, has seen an increase in unlawful motor vehicle speed contests and exhibitions of speed resulting in health and safety hazards to the drivers involved in these “side shows” and “street takeovers,” as well as to spectators and other motor vehicle operators utilizing the roadway. They have also resulted in the expenditure of Law Enforcement and City resources to combat the dangerous activities, to minimize the health and safety hazards, and to repair damage to streets and public property caused by the illegal speed contests and exhibitions of speed.
City Council August 1, 2023
Ordinance No. 23-1742 – Amending NMC Chapter 9.30
– Speed Contests or Exhibitions of Speed
Page No. 2
Notwithstanding the penalties provided for violations of CVC Section 23109 and NMC Section
9.30.020, these remedies do not appear to provide a sufficient deterrent to either persons engaging in unlawful speed contests or exhibitions of speed nor to spectators of these events who seem to escalate the desire of persons engaging in illegal speed contests and exhibitions of speed.
The proposed Ordinance would declare vehicles that are used in or present at unlawful speed contests and/or exhibitions of speed to be a nuisance (“Nuisance Vehicle”), and establishes a legal procedure for the seizure and possible forfeiture of those vehicles. Although forfeiture would be an aggressive and extreme remedy, the procedures set forth in the proposed Ordinance provide a regulatory framework that protects the due process rights of vehicle owners and operators, as well as other persons who may have an interest in the vehicle (e.g., lienholders, rental car agency’s and/or employers whose vehicle was used in the commission of an offense without the owner’s knowledge, and spouses with a community property interest in the Nuisance Vehicle).
A summary of the seizure and forfeiture provisions of the proposed Ordinance is as follows:
a) A Peace Officer may seize a Nuisance Vehicle if either (i) the vehicle is driven by or occupied by the registered owner, a member of the registered owner’s immediate family, or a person that resides at the same address as the registered owner, or if (ii) the driver or passenger of a Nuisance Vehicle has had prior Law Enforcement contact in the same vehicle.
b) Upon seizure of a Nuisance Vehicle, the seizing Peace Officer shall issue a receipt to the driver of the vehicle.
c) The Public Safety Department shall also conduct an immediate investigation to ascertain the identity of any potential claimant(s) with an interest in the Nuisance Vehicle – including any registered and legal owner of the vehicle. Thereafter – and within two (2) business days of the seizure, the Public Safety Department shall issue a Notice of Seizure to said claimant(s) and the driver of the Nuisance Vehicle notifying them of the seizure and affording the opportunity for claimants and driver to request a post-seizure due process hearing before an independent hearing officer.
d) If a hearing is requested by the claimant(s), the hearing officer shall conduct the hearing and determine whether the seized vehicle was in violation of California Vehicle Code Section 23109 or NMC Section 9.30.020.
e) If the hearing officer determines that the seized vehicle does not constitute a Nuisance Vehicle, the vehicle shall be released with all impound fees waived or born by the City.
f) If the hearing officer determines that the vehicle was lawfully seized and does constitute a Nuisance Vehicle, the City Attorney or City Prosecutor shall determine City Council August 1, 2023
Ordinance No. 23-1742 – Amending NMC Chapter 9.30
– Speed Contests or Exhibitions of Speed
Page No. 3
whether the factual circumstances warrant forfeiture of the Nuisance Vehicle. If so, and the vehicle is not otherwise exempt from forfeiture, the City Attorney or City Prosecutor shall issue a Notice of Intended Forfeiture upon all identified claimants no later than thirty (30) calendar days of the seizure of the Nuisance Vehicle.
g) Any person claiming an interest in the Nuisance Vehicle must file a Claim Opposing Forfeiture with the Los Angeles Superior Court, and provide a copy of the Claim to the City Attorney or City Prosecutor.
h) If no Claim is filed pursuant to the Ordinance, the City Attorney or City Prosecutor can proceed with an Administrative Forfeiture by serving all claimants with a Declaration of Forfeiture – and the Nuisance Vehicle becomes the property of the City and may be sold or destroyed in accordance with the provisions of the proposed Ordinance.
i) In the event a Claim Opposing Forfeiture is filed, a Judicial Forfeiture Proceeding will be held in the Los Angeles Superior Court – allowing the Court to determine whether the seized vehicle constitutes a Nuisance Vehicle that was used in violation of California Vehicle Code Section 23109 or NMC Section 9.30.020.
Upon a judicial determination that the seized vehicle constitutes a Nuisance Vehicle, the Court shall order the vehicle to be forfeited and sold or destroyed in accordance with the provisions of the proposed Ordinance. j) The City Attorney or City Prosecutor would have the authority to negotiate and approve a Settlement Agreement in lieu of forfeiture – with all proceeds of the settlement to be distributed as set forth in the proposed Ordinance. k) The proceeds of the sale of any forfeited vehicle would be dispersed in the following manner and order:
1) To satisfy all costs associated with the towing, storage, release, and sale of the Nuisance Vehicle.
2) To the City to reimburse costs paid to or incurred by the City, City Attorney, and/or City Prosecutor in association with any proceedings under the Ordinance – including costs of investigation, litigation, service, mailings, and publication.
3) To a bona fide or innocent purchaser, mortgagee, or lien holder of the Nuisance Vehicle if the City Attorney, City Prosecutor, or Superior Court orders distribution to that person.
4) All remaining proceeds to the City.
l) A forfeited vehicle may not be sold or transferred to the person who was the driver of the Nuisance Vehicle at the time it was seized, or re-sold or transferred to the registered owner of the Nuisance Vehicle at the time it was seized.
City Council August 1, 2023
Ordinance No. 23-1742 – Amending NMC Chapter 9.30
– Speed Contests or Exhibitions of Speed
Page No. 4
Fiscal Impact:
The seizure of vehicles pursuant to the proposed Ordinance may potentially be a cost neutral endeavor as the owner of the Nuisance Vehicle, assuming the vehicle is not forfeited would need to pay the fees resulting from the seizure in order to recover possession of the vehicle from the City. Furthermore, the proceeds from the sale of any Nuisance Vehicle that has been administratively or judicially forfeited would also be dispersed in such a manner that would seek to recover all costs associated with the seizure and forfeiture proceedings.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Goal 2: Work in partnership with all of our communities to achieve safe and livable neighborhoods.
Recommended Action:
Staff recommends City Council introduce by title only Ordinance No. 23-1742 AN ORDINANCE OF THE CITY OF NORWALK AMENDING CHAPTER 9.30 (“SPEED CONTESTS OR EXHIBITIONS OF SPEED”) OF TITLE 9 (“PUBLIC PEACE, MORALS AND WELFARE”) OF
THE NORWALK MUNICIPAL CODE TO AUTHORIZE THE SEIZURE AND FORFEITURE OF
NUISANCE VEHICLES USED IN THE COMMISSION OF SPEED CONTESTS AND EXHIBITIONS OF SPEED, and schedule for adoption.
Attachments:
Ordinance No. 23-1742
ORDINANCE NO. 23-1742
AN ORDINANCE OF THE CITY OF NORWALK AMENDING CHAPTER
9.30 (“SPEED CONTESTS OR EXHIBITIONS OF SPEED”) OF TITLE 9 (“PUBLIC PEACE, MORALS AND WELFARE”) OF THE NORWALK
MUNICIPAL CODE TO AUTHORIZE THE SEIZURE AND FORFEITURE
OF NUISANCE VEHICLES USED IN THE COMMISSION OF SPEED
CONTESTS AND EXHIBITIONS OF SPEED
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and, WHEREAS, California Government Code Section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance; and WHEREAS, California Government Code Section 38773 provides that legislative bodies of cities may provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining the nuisance; and WHEREAS, California Vehicle Code Section 23109, prohibits engaging in, facilitating, or aiding or abetting in a motor vehicle speed contests and exhibitions of speed on public streets and highways; and
WHEREAS, on November 1, 2022, in recognizing that the presence of spectators at illegal motor vehicle speed contests and exhibitions of speed threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their real property, the City Council of the City of Norwalk adopted Ordinance No. 22-1736, enacting Norwalk Municipal Code Chapter 9.30 prohibiting persons from being present as a spectator at an illegal speed contest or an exhibition of speed on public streets and highways or private property generally open to the public; and WHEREAS, the City Council of the City of Norwalk declares that vehicles are instrumentalities of a crime when they are used in illegal motor vehicle speed contests or exhibitions of speed; and
WHEREAS, the City Council of the City of Norwalk declares that vehicles used in illegal motor vehicle contests and exhibitions of speed are a public nuisance; and WHEREAS, the City Council of the City of Norwalk finds it necessary and appropriate to take additional steps to protect the health and safety of the general public, including the civil forfeiture of nuisance vehicles used in illegal motor vehicle speed contests and exhibitions of speed.
Ordinance No. 23-1742 Page 2 of 13
THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9.30.010 (“Definitions”) of Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) is hereby amended to add definitions as shown in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 2. Section 9.30.050 (“Nuisance Vehicles Subject to Seizure and Forfeiture”) of Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) is hereby added as shown in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 3. Section 9.30.060 (“Authority for Seizure and Forfeiture of Nuisance Vehicles”) of Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) is hereby added as shown in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 4. Section 9.30.070 (“Seizure of Nuisance Vehicles”) of Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) is hereby added as shown in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 5. Section 9.30.080 (“Forfeiture of Nuisance Vehicles”) of Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) is hereby added as shown in Exhibit “A,” attached hereto and incorporated herein by this reference.
SECTION 6. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
PASSED, APPROVED, AND ADOPTED this __ day of _______ 2023. ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
Ordinance No. 23-1742 Page 3 of 13
EXHIBIT A
“TITLE 9
PUBLIC PEACE, MORALS AND WELFARE
CHAPTER 9.30
SPEED CONTESTS OR EXHIBITIONS OF SPEED
9.30.010 Definitions.
“Business day” shall mean any weekday other than a Saturday, Sunday, or legal holiday which falls on a day other than a Saturday or Sunday. “Claimant” shall mean any person claiming an interest in a nuisance vehicle subject to seizure of forfeiture under this Chapter, either by properly requesting a post-seizure hearing as set forth in Section 9.30.070.E of this Chapter, or by properly filing a claim opposing forfeiture as set forth in Section 9.30.080.C of this Chapter. “Director” shall mean the Director of Public Safety of the City of Norwalk, or designee thereof.
“Immediate family” shall mean father, mother, sister, or brother. “Legal owner” shall mean a person holding a security interest in a vehicle as referenced in California Vehicle Code Section 370 (as that Section may be amended from time to time).
“Registered Owner” shall mean a person registered with the California Department of Motor Vehicles as the owner of a vehicle, and shall otherwise have the same meaning as set forth in California Vehicle Code Section 505 (as that Section may be amended from time to time).
to read as follows:
9.30.050 Nuisance Vehicles Subject to Seizure and Forfeiture.
A motor vehicle shall be declared a nuisance and shall be seized by a peace officer and subject to forfeiture in accordance with the provisions of this Chapter if:
A. It is used in violation of California Vehicle Code Sections 21309(a) or (c), or in violation of Norwalk Municipal Code Section 9.30.020; and, B. Either:
1. The vehicle is driven by or occupied by any of the following persons at the time of the violation:
a. The registered owner of the vehicle; or,
Ordinance No. 23-1742 Page 4 of 13
b. A member of the registered owner’s immediate family; or, c. A person who resides at the same address as the registered owner of the vehicle; or,
2. The driver or a passenger in the vehicle at the time of the violation has had prior contact in the same vehicle, as determined by law enforcement records.
9.30.060 Authority for Seizure and Forfeiture of Nuisance Vehicle.
A peace officer may seize a vehicle that is subject to forfeiture under the provisions of this Chapter in any of the following circumstances:
A. Upon issuance of an order by a Court having jurisdiction of the vehicle; or, B. The seizure is incident to an arrest or search pursuant to a warrant; or, C. There is probable cause to believe the vehicle is a nuisance vehicle as described in Section 9.30.050.
9.30.070 Seizure of Nuisance Vehicle.
A. Receipt. A peace officer seizing a vehicle under this Section shall complete a receipt in accordance with Penal Code Section 1412 (as that Section may be amended from time to time) and deliver it to the person from whose possession the vehicle was seized.
1. For purposes of this Section, a completed Vehicle Report (CHP 180 Form) shall satisfy the requirements of a receipt as set forth in California Penal Code Section 1412 and Section 9.30.070.A of this Code.
B. Investigation. An immediate investigation shall be made by the Director to determine if there is any potential claimant whose right, title, interest, or lien to a vehicle that has been seized is of record in the Department of Motor Vehicles of this or any other State or appropriate agency.
1. Claimants shall include, but shall not be limited to:
a. Person in possession of the nuisance vehicle at the time the vehicle was seized;
b. Registered owner of the nuisance vehicle at the time of arrest or the seizure of the vehicle;
c. Legal owner of the nuisance vehicle at the time of arrest or the seizure of the vehicle
Ordinance No. 23-1742 Page 5 of 13
C. Notice of Seizure.
1. Issuance. Whenever a peace officer seizes a vehicle pursuant to the provisions of this Chapter, a Notice of Seizure shall be issued as follows:
a. A Notice of Seizure shall be issued to the person from whose possession the nuisance vehicle was seized, at the time of seizure; b. If the Director’s investigation (pursuant to Section 9.30.070.B of this Chapter) reveals any potential claimants other than the person from whom the nuisance vehicle was seized, and whose right, title, interest, or lien existed prior to the date of the commission of the act giving rise to the nuisance, a Notice of Seizure shall be issued to each such claimant within two (2) business days following the date the vehicle was seized.
2. Service.
a. Person in Possession. A Notice of Seizure shall be
personally served upon the person from whose possession the nuisance vehicle was seized.
b. Claimant. A Notice of Seizure shall be served by First Class Mail upon each claimant at the claimant’s address appearing on the records of the applicable State’s Department of Motor Vehicles or other appropriate Federal agency. c. A copy of each Notice of Seizure shall be forwarded to the City Attorney and/or City Prosecutor.
3. Contents of Notice of Seizure. The Notice of Seizure shall include the following:
a. A description of the seized nuisance vehicle, including its make, model, license plate number, and Vehicle Identification Number (VIN); b. The location, authority, and reason for the seizure of the nuisance vehicle;
c. A statement describing the opportunity for a post-seizure hearing as specified in Section 9.30.070.E of this Chapter, and the requirements and time limits for requesting such a hearing; and,
d. A statement that a report of the seizure shall be sent to the City Attorney and/or City Prosecutor for review for institution of forfeiture proceedings.
Ordinance No. 23-1742 Page 6 of 13
D. Seized Vehicle as Evidence. A nuisance vehicle seized pursuant to the provisions of this Chapter, where appropriate, may be held for evidence in any proceeding brought by the City Attorney, City Prosecutor, or District Attorney.
E. Post-Seizure Hearing.
1. Request for Hearing. Any claimant who desires a post-seizure hearing must make a request to the Public Safety Department of the City of Norwalk in person, in writing, or by telephone as specified in the Notice of Seizure. The request must be made within ten (10) business days of the date of the Notice of Seizure. Failure to make a request within the time allowed and in the proscribed manner shall constitute the claimant’s waiver of any right to a post-seizure hearing and satisfies the requirement for such a hearing.
2. Time for Hearing. A post-seizure hearing shall be provided to any claimant who timely filed a request for hearing in accordance with the provisions of this Chapter, within five (5) business days of the date of the first request received by the Public Safety Department from any claimant.
3. Hearing Officer. The Director may conduct the post-seizure hearing, or may authorize any City Official or Deputy of the Los Angeles County Sheriff’s Department to conduct the post-seizure hearing or other independent hearing officer, provided that said person is not the same person who directed or participated in the seizure of the nuisance vehicle.
4. Notice of Hearing: Multiple Claimants. If there are multiple claimants, then upon receipt of the first request for a post-seizure hearing made in accordance with the requirements of this Chapter, the Director, or designee thereof, shall send written notice, via First Class Mail, of the date, time, and location of the post-seizure hearing to all claimants (irrespective of whether the additional claimants have filed a request for hearing).
5. Conduct of Hearing. The Hearing Officer shall determine whether there was probable cause to believe that the vehicle that was seized constitutes a nuisance vehicle as set forth in this Chapter.
a. The Hearing Officer shall have the authority, but not the obligation, to conduct the post-seizure hearing in the same manner as a vehicle poststorage hearing conducted pursuant to California Vehicle Code Section 22852 (except where those provisions conflict with the provisions of this Chapter, in which case, the provisions of this Chapter shall control).
b. Claimants who cannot attend the post-seizure hearing as scheduled and wish to be heard, may send a written statement for the Hearing Officer’s consideration to the Hearing Officer as specified in the Notice of Seizure.
Ordinance No. 23-1742 Page 7 of 13
c. The Hearing Officer is not required to conduct multiple postseizure hearings for each seized nuisance vehicle.
If the Hearing Officer determines that no probable cause existed for the seizure, the vehicle will be released as soon as practicable to the appropriate claimant without imposing any towing and/or storage charges.
If the Hearing Officer determines that probable cause existed for the seizure, then forfeiture proceedings against the vehicle will continue as provided in Section 9.30.080 of this Chapter.
6. Notice to City Attorney. The City Attorney and/or City Prosecutor and each claimant shall be notified of the results of the post-seizure hearing (including of any release of vehicle).
7. Towing and Storage Fees. Charges for towing and/or storage, as well as administrative fees, for any vehicle seized pursuant to the provisions of this Chapter shall be set forth by resolution of the City Council.
9.30.080 Forfeiture of Nuisance Vehicle.
The City Attorney or City Prosecutor may, pursuant to this Section, order the forfeiture of nuisance vehicles seized pursuant to this Chapter.
A. Upon referral by the Director, or designee thereof, the City Attorney or City Prosecutor shall review the factual circumstances surrounding the seizure and potential forfeiture of a nuisance vehicle, and shall determine whether the circumstances warrant forfeiture of the nuisance vehicle – and, if so, whether any forfeiture exception set forth in Section 9.30.080.F of this Chapter applies.
B. Notice of Intended Forfeiture. In those instances where forfeiture is warranted, the City Attorney or City Prosecutor shall cause a Notice of Intended Forfeiture to be served upon any person who has a legal interest in the nuisance vehicle as determined by the investigation pursuant to Section 9.30.070.B of this Code.
1. Contents. The Notice of Intended Forfeiture shall include the following:
a. The vehicle and seizure information presented in the Notice of Seizure;
b. Notice that administrative forfeiture proceedings have begun and can be opposed only by filing a claim opposing the forfeiture, the time limits for filing the claim, and instructions for filing and serving the claim; c. Notice that failure to properly and timely file and serve the claim will result in a waiver of the right to oppose the forfeiture of the vehicle and in the Ordinance No. 23-1742 Page 8 of 13
actual forfeiture of the vehicle.
2. Service. The Notice of Intended Forfeiture shall be served as follows:
a. The Notice shall be served as soon as practicable – and no later than thirty (30) calendar days of the seizure of the vehicle subject to forfeiture; b. The Notice shall be served via personal delivery or certified mail, return receipt requested, upon each person who has an interest in the vehicle as determined by the investigation pursuant to Section 9.30.070.B of this Chapter. c. In the event that the person entitled to service refuses to accept the Notice via certified mail, return receipt requested or cannot otherwise be personally served, service may be made by substituted service by any of the following methods:
i. By leaving a copy of the Notice during usual business hours at the recipient’s business with the person who is apparently in charge, and, thereafter, by mailing a copy of the Notice via first class mail to the recipient where the copy was left; or,
ii. By leaving a copy of the Notice at the recipient’s
dwelling or usual place of abode, in the presence of a competent member of the household, and, thereafter, by mailing a copy of the Notice via first class mail to the recipient where the copy was left.
d. If the person entitled to service lives out of State and will not accept service of the Notice via certified mail, return receipt requested, then service may be made via first class mail.
e. If the person entitled to service cannot be located or service cannot be made as set forth in this Subsection, service may be made by publication in a local newspaper of general circulation as set forth in California Government Code Section 6063.
C. Claim Opposing Forfeiture. Any person claiming an interest in a vehicle seized pursuant to the provisions of this Chapter seeking to oppose the administrative forfeiture of a seized vehicle must file a Claim Opposing Forfeiture with the Los Angeles Superior Court within ten (10) business days of the date of the Notice of Intended Forfeiture or within thirty (30) calendar days from the first date of publication of the Notice of Intended Forfeiture.
1. The Claim shall be verified in accordance with California Code of Civil Procedure Section 446 (or any successor provision or section), stating the claimant’s interest in the vehicle.
2. The claimant must serve a court-conformed copy of the claim upon the City Attorney’s Office or City Prosecutor’s Office that issued the Notice of Intended Ordinance No. 23-1742 Page 9 of 13
Forfeiture within ten (10) business days of the date the Claim was filed.
3. Upon the proper and timely filing and service of a Claim Opposing Forfeiture, the forfeiture proceeding will continue as provided in Section 9.30.080.D of this Chapter.
4. The failure of a person with an interest in a nuisance vehicle to properly and timely file a Claim Opposing Forfeiture shall be deemed a waiver of the interested person’s interest in the nuisance vehicle and of the right to oppose a forfeiture of the nuisance vehicle. In such instance, the forfeiture proceeding shall proceed in accordance with Section 9.30.080.E of this Chapter.
a. A Claim Opposing Forfeiture that is properly and timely filed that is subsequently withdrawn by the claimant shall be deemed to not have been filed.
In such instance, the forfeiture proceeding shall proceed in accordance with Section
9.30.080.E of this Chapter.
D. Judicial Forfeiture.
1. If a verified claim is filed in accordance with the provisions of this Section, the City Attorney or City Prosecutor shall file a petition for forfeiture with the Los Angeles Superior Court within ten (10) calendar days of service upon the City Attorney of City Prosecutor of a Claim Opposing Forfeiture, and shall also serve the claimant with a copy.
2. A judicial forfeiture proceeding shall be deemed a limited civil case, and the provisions of the Code of Civil Procedure shall apply to proceedings under this Section unless otherwise inconsistent with the provisions or procedures set forth in this Section. However, in proceedings under this Section, there shall be no joinder or coordination of actions (except for forfeiture proceedings) or cross-complaints, and the issues shall be limited strictly to the questions related to this Section.
3. The City shall have the burden of proving by a preponderance of the evidence that the vehicle subject to forfeiture constitutes a nuisance vehicle as defined in this Chapter.
4. Upon proof that the vehicle was used for any of the purposes set forth in Section 9.30.050 of this Chapter, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale be distributed as set forth in Section 9.30.080.H.2 of this Chapter.
a. If the vehicle which has been declared a nuisance and ordered forfeited to the City is not in the City’s possession, the court shall issue a seizure order for the vehicle forthwith.
b. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this Chapter.
Ordinance No. 23-1742 Page 10 of 13
5. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for the current violation which gave rise to the nuisance and caused these forfeiture proceedings to be initiated.
E. Administrative Forfeiture. If no Claim Opposing Forfeiture is timely filed and served as set forth in this Section, the City Attorney or City Prosecutor shall prepare a written Declaration of Forfeiture of the nuisance vehicle to the City. A written Declaration of Forfeiture signed by the City Attorney or City Prosecutor under this Section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the nuisance vehicle declared forfeited shall be distributed in accordance with Section 9.30.080.H.2 of this Chapter. The City Attorney or City Prosecutor ordering forfeiture pursuant to this Chapter shall serve via personal service or first class mail a copy of the Declaration of Forfeiture to all persons who received a Notice of Intended Forfeiture.
F. Exceptions to Forfeiture of Nuisance Vehicles. Notwithstanding the provisions of this Chapter, the City Attorney or City Prosecutor shall order the return of a seized vehicle – and said vehicle shall not be subject to forfeiture, upon the determination that any of the following circumstances exist.
1. Stolen Vehicle. A vehicle that was stolen provided that each of the following circumstances are applicable:
a. The theft was reported to a law enforcement agency prior to the reporting to the City or Los Angeles County Sheriff’s Department of the vehicle’s use in violation of this Chapter;
b. The identity of the registered owner can be reasonably ascertained; and,
c. The registered owner redeems the vehicle within thirty (30) days of the seizure.
2. Rental Car. A vehicle is owned by a bona fide rental car agency, and the vehicle’s use in violation of this Chapter was made without the agency’s knowledge or consent.
3. Employer Vehicle. A vehicle owned by the employer of the person who used it in violation of this Chapter, provided that each of the following circumstances are applicable:
a. The employer neither consented to nor had knowledge of the use of the vehicle in violation of this Chapter;
b. The employer did not receive a direct benefit from the use of the vehicle in violation of the provisions of this Chapter; and, c. The use of the vehicle did not further or advance the employer’s business interests in any way, and the use was of such a nature that had the Ordinance No. 23-1742 Page 11 of 13
employer known, the use would have resulted in termination of employment or substantial discipline.
4. Community Property Vehicle. A vehicle that is legally owned as community property, provided that each of the following circumstances are applicable:
a. The vehicle is the sole vehicle available to the immediate family of the driver or possessor from whom the vehicle was seized that may be operated with a Class C driver’s license;
b. The community property interest owner submits written proof of that interest, presents his or her valid driver’s license or a valid driver’s license for an authorized driver, presents proof of valid registration and insurance, and pays all towing fees, storage fees, and/or administrative charges or otherwise reimburses the City for any and all towing and/or storage fees incurred;
c. The vehicle was not used in a street race that directly resulted in the death or serious of any person; and,
d. The community property interest owner, other than the driver or possessor from whom the vehicle was seized, enters into a written, Stipulated Vehicle Release Agreement pursuant to Subsection 9.30.080.G of this Chapter as consideration for the non-forfeiture of the vehicle;
G. Stipulated Vehicle Release Agreement.
1. The City Attorney or City Prosecutor shall prepare the Stipulated Vehicle Release Agreement, which shall provide, at a minimum, the following:
a. Consent of the community property interest owner signing the Agreement to the automatic future seizure and forfeiture of, and transfer of title to the City, of the nuisance vehicle identified in the Agreement upon any subsequent use of the vehicle in violation of California Vehicle Code Section 23109(a) and (c), or in violation of Norwalk Municipal Code Section 9.30.020;
b. Seizure pursuant to this Section shall be made with a seizure order issued pursuant to the Los Angeles Superior Court. The supporting affidavit or declaration shall include a copy of the Agreement and a certified copy of this Chapter; and,
c. Any other provision deemed appropriate in the sole discretion of the City Attorney or City Prosecutor
2. The Stipulated Vehicle Release Agreement shall be valid and in effect for five (5) years from the date of signing, and shall be maintained by the Director.
3. No vehicle shall be released or exempt from forfeiture proceedings pursuant to Section 9.30.080.F.4 if the Director has on file a Stipulated Vehicle Release Agreement signed by the community property interest owner within the previous five (5) years.
Ordinance No. 23-1742 Page 12 of 13
H. Disposal of Vehicle After Forfeiture and Distribution of Proceeds. Any nuisance vehicle forfeited pursuant to the provision of this Chapter shall be sold or destroyed in accordance with this Section once an order of forfeiture is issued by the Superior Court (pursuant to Section 9.30.080.D) or a Declaration of Forfeiture is issued by the City Attorney or City Prosecutor (pursuant to Section 9.30.080.E), as the case may be. All proceeds of any sale of a nuisance vehicle forfeited pursuant to this Chapter shall be distributed and appropriated as set forth in this Section.
1. Disposition of Forfeited Nuisance Vehicle
a. Sale by Legal Owner.
i. Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this State, or the agent of that legal owner, may take possession and conduct the sale of a forfeited nuisance vehicle if the legal owner or agent notifies the Director of its intent to conduct the sale within fifteen (15) calendar days of service of the Notice of Intended Forfeiture (pursuant to Section 9.30.080.B of this Chapter) and executes a written Agreement (as approved by the City Attorney or City Prosecutor) to adhere to the provisions of this Section. Sale of a forfeited nuisance vehicle may be conducted at the time and in the manner, and pursuant to the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale of a forfeited nuisance vehicle conducted by or on behalf of the legal owner shall be disposed of as provided in Section 9.30.080.H.4 of this Chapter. A forfeited nuisance vehicle may not be sold or transferred to the person who was the driver of the nuisance vehicle at the time it was seized or re-sold or transferred to the registered owner of the vehicle at the time it was seized.
A) The agent of a legal owner acting pursuant to
this Section shall be licensed, or exempt from licensure, pursuant to California Business & Professions Code 7500 et seq.
b. Sale by City. If the legal owner does not notify the Director of its intent to conduct a sale as provided in Subsection 9.30.080.H.1.a, the City shall offer the forfeited nuisance vehicle for sale at public auction within sixty (60) business days of receiving title to the vehicle. A forfeited nuisance vehicle may not be sold or transferred to the person who was the driver of the nuisance vehicle at the time it was seized or re-sold or transferred to the registered owner of the vehicle at the time it was seized.
c. Disposition of Low-Value Vehicles. If the Director
determines that the condition of a forfeited nuisance vehicle is such that it is not suitable for sale at a public auction or the cost of sale exceeds its faire market value, the nuisance vehicle may be conveyed to a licensed dismantler or donated to a charitable organization.
License plates shall be removed from any nuisance vehicle prior to being conveyed to a dismantler pursuant to this Section.
d. Destruction of Vehicle. A nuisance vehicle forfeited Ordinance No. 23-1742 Page 13 of 13
pursuant to the provisions of this Section may only be destroyed if it has been modified in ways that make its sale impracticable or the condition of the vehicle warrants destruction (at the sole discretion of the Director), and if there are no lienholders or claimants who did not know that the vehicle was used in violation of California Vehicle Code Section 23109(a) and (c), or in violation of Norwalk Municipal Code Section
9.30.020.
e. Settlement Agreement. In lieu of forfeiture, a settlement agreement may be negotiated and approved by the City Attorney and/or City Prosecutor, in which case the proceeds of the settlement shall be distributed in the same manner as a sale pursuant to this Section.
2. Distribution of Sale Proceeds.
a. The proceeds of any sale of a nuisance vehicle forfeited pursuant to the provisions of this Chapter shall be appropriated and distributed as follows and in this order:
i. To pay costs associated with the towing, storage,
release, and sale of the nuisance vehicle (including any repairs, transportation, and/or storage necessary to facilitate the sale).
ii. To the City to reimburse costs paid or incurred by the City, City Attorney, or City Prosecutor, or otherwise associated with any proceedings instituted under this Chapter (other than personnel costs) – including, but not limited to, the costs associated with the investigation and litigation authorized by the provisions of this Chapter, as well as costs associated with the service, mailing, and/or publication of any notices required by this Chapter.
iii. To a bona fide or innocent purchaser, mortgagee or lien holder of the nuisance vehicle, if any, up to the amount of his/her/its interest in the nuisance vehicle, when the City Attorney, City Prosecutor, or the Superior Court that declared the forfeiture, orders a distribution to that person. iv. To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public streets or intersections damaged as a result of the illegal street racing contest(s) or exhibitions of speed. v. All remaining proceeds to be transferred to the City. b. Accounting. Within fifteen (15) calendar days of the sale of a forfeited nuisance vehicle, the person conducting the sale shall disburse the proceeds of the sale as provided in this Section, and shall provide a written accounting of the distribution of proceeds to the Director and, upon request, to any person entitled to a share of the proceeds, as determined by the Director.”
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Ozzie Ramos, Director of Public Safety
SUBJECT: RESOLUTION NO. 23-45 - AMENDING THE ADMINISTRATIVE FINE
SCHEDULE FOR CERTAIN VIOLATIONS OF THE NORWALK MUNICIPAL CODE
Background:
Pursuant to California Government Code Section 53069.4, the City has an administrative citation program (codified in Title 1, Chapter 1.13 of the Norwalk Municipal Code (NMC) that makes violations of the NMC subject to an administrative fine. The NMC requires the fines to be established or amended by resolution The fines escalate for successive violations.
The administrative fine schedule should be reviewed on a regular basis to ensure that the schedule is inclusive of new provisions of the NMC adopted by City Council and that the fines otherwise continue to serve as a deterrent to violations of the NMC.
The City Council last comprehensively reviewed and modified the administrative fine schedule in 2018, at which time Resolution No. 18-28 was adopted.
In November 2022, City Council adopted Ordinance No. 22-1736, which added Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) to Title 9 of the Norwalk Municipal Code. In pertinent part, Chapter 9.30 prohibits persons from being present as a spectator at an illegal speed contest or illegal exhibition of speed. Although violations of NMC Chapter 9.30 constitute misdemeanor offenses, the Public Safety Department wants to ensure that it can also utilize the administrative citation program effectively for these violations. Moreover, despite continued education and public announcements regarding the dangers of illegal fireworks, and notwithstanding the 2018 increase in administrative fines for dangerous fireworks-related violations (to $1000 for a first violation, $2500 for a second violation in 36 months, and $3,000 for a third or greater offense within 36 months) the City continues to respond to an inordinate amount of dangerous fireworksrelated incidents each year.
City Council August 1, 2023
Resolution No. 23-45 - Amending Administrative Fines Page No. 2 In July 2023, the Sheriff’s Department and Public Safety received over 250 calls for service related to illegal fireworks demonstrating the concern the community has regarding the hazards presented by dangerous fireworks. City Officers issued over 90 administrative citations on July 4, 2023, with approximately 85 citations issued to persons responsible for real property where dangerous fireworks were discharged.
Increasing the administrative fines for dangerous fireworks offenses will serve to further deter illegal fireworks throughout the City. The proposed increased fines for illegal fireworks are:
$2,000 for a first violation, $3,000 for a second violation, and $5,000 for a third or greater offense.
Accordingly, staff is recommending that City Council establish administrative fines in the amount of $2,000 for spectators at illegal speed contests or exhibitions of speed and increase the fines for dangerous fireworks-related offenses, as further set forth in the attached resolution.
Fiscal Impact:
Although the increase in administrative fines is designed to further deter unlawful activities within the City, the revenue resulting from the increased fines will also result in a moderate offset of the costs associated with the enforcement of the NMC.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Goal 2: Work in partnership with all of our communities to achieve safe and livable neighborhoods.
Recommended Action:
Staff recommends City Council adopt Resolution No. 23-45, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR CERTAIN VIOLATIONS OF THE NORWALK MUNICIPAL CODE.
Attachment:
Resolution No. 23-45
RESOLUTION NO. 23-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
AMENDING THE ADMINISTRATIVE FINE SCHEDULE FOR CERTAIN
VIOLATIONS OF THE NORWALK MUNICIPAL CODE
WHEREAS, pursuant to California Government Code Section 53069.4, City Council enacted an administrative citation program (contained in Title 1, Chapter 1.13 of the Norwalk Municipal Code) whereby City Enforcement Officers may issue an administrative citation and impose an administrative fine to persons who violate the provisions of the Norwalk Municipal Code or applicable State codes; and
WHEREAS, Norwalk Municipal Code Section 1.13.050.A provides that the amounts of administrative fines shall be established by resolution of the City Council; and WHEREAS, on August 7, 2018, City Council adopted Resolution No. 18-28, which, aside from setting fees and charges for various services performed by the City, established and/or revised administrative fines for various violations of the Norwalk Municipal Code including, but not limited to, violations pertaining to the unlawful possession, sale, discharge, and transportation of dangerous fireworks; and
WHEREAS, on or about November 1, 2022, City Council adopted Ordinance No. 22- 1736, adding Chapter 9.30 (“Speed Contests or Exhibitions of Speed”) to Title 9 of the Norwalk Municipal Code which, in pertinent part, prohibits persons from being present as a spectator at an illegal speed contest or illegal exhibition of speed; and WHEREAS, the City has a substantial interest in promoting compliance with the federal, state and local laws intended to safeguard the members of the community; and WHEREAS, City Council wishes to amend the established administrative fines for specific violations of the City’s laws pertaining to dangerous fireworks (as contained in Norwalk Municipal Code Section 5.26.190) and spectators at illegal speed contests or illegal exhibitions of speed (as contained in Norwalk Municipal Code Section 930.020); and WHEREAS, City Council also wishes to retain the applicability of increased administrative/civil fines for fireworks-related violations to a 36-month period (rather than a 12- month period) due to the seasonal nature of these violations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. The Schedule of administrative fines for specific violations of the Norwalk Municipal Code shall be amended to include the following:
Resolution No. 23-45 Page 2 of 2
SCHEDULE OF ADMINISTRATIVE FINES FOR SPECIFIC VIOLATIONS OF THE
NORWALK MUNICIPAL CODE
Code Section
(NMC)
Description of Violation First
Offense
Second
Offense
(in
36-month
period)
Third
Offense
(in
36-month
period)
Title 5 (“Business Licenses and Regulations”)
Chapter 5.36 (“Fireworks”)
5.36.190(G) Possession, Sale, Discharge,
Transport of Dangerous Fireworks (25
lbs. or less)
$2000*† $3000*† $5000*†
5.36.190(H) Responsible Party for Premises
Permitting or Allowing Use, Discharge,
Possession, Storage, or Sale of
Dangerous Fireworks
$2000*† $3000*† $5000*†
Title 9 (“Public Peace, Morals and Welfare”)
Chapter 9.30 (“Speed Contests or Exhibitions of Speed”)
9.32.020.A Spectator at Unlawful Speed Contest
or Unlawful Exhibition of Speed
$2000 $3000 $5000
9.32.020.B Spectator During Preparations for
Unlawful Speed Contest or Unlawful
Exhibition of Speed
$2000 $3000 $5000
* In addition to the fines referenced in this schedule, a violator shall be assessed, and shall be liable and responsible for the payment of, the actual costs associated with the collection, transportation, and disposal of any seized fireworks, in accordance with regulations duly adopted by the State Fire Marshal. † Fines collected for violations of Article III, Chapter 5 shall not be subject to the disbursement required pursuant to California Health & Safety Code section 12706.
Section 2. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
APPROVED AND ADOPTED on this 1st day of August 2023.
ANA VALENCIA
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Carina Montes, Director of Human Resources/Risk Manager SUBJECT: RESOLUTION NO. 23-46 - AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO ADD AND TRANSFER CERTAIN FULLTIME POSITIONS TO THE MID-MANAGEMENT UNIT; AND RESOLUTION NO. 23-47 AMENDING AND ADOPTING THE FISCAL YEAR 2023/24 SALARY
SCHEDULE FOR GENERAL AND HOURLY UNIT EMPLOYEES AND
EXECUTIVE MANAGEMENT AND MID-MANAGEMENT EMPLOYEES
Background:
The City Council resolutions for all budget adjustments provide authorization to increase service levels and officially amend the budget and salary schedule by resolution. This authorization allows multiple service level adjustments to align with City operations, the City’s Strategic Plan, and a department's succession plan. Below are recommended budget adjustments:
1. The Senior Center Manager position under the Social Services Department has been vacant since March of 2023. The classification organizes and supervises a comprehensive and highly participated senior service program in the City. After a review and to better align with other positions within the City, the department recommends moving the Senior Center Manager position from the General Unit to the MidManagement Unit. These resolutions have been prepared to receive City Council authorization before the meet and confer obligations with the International Association of Machinists and Aerospace Workers ("IAMAW"). They will not be formalized until after all protocols are met.
2. The Human Resources Department remains committed to delivering high-quality personnel services to the City's management staff, employees, the public, and City Council. Over the last three fiscal years, the department has operated effectively, with the City hiring an average of 80 new employees annually. Furthermore, the City has City Council August 1, 2023
Resolution No. 23-46 – Amending the budget and
Resolution No. 23-47 – Amending the FY 2023/24
Salary Schedule Reclassifying Two Positions
Page No. 2
implemented proactive employee training programs to promote health and safety standards and minimize risks.
Upon review, the department recommends adding a Human Resources Manager position to the Mid-Management Unit in order to align with other positions within the City. This budget change does not require a meet and confer with the IAMAW, as the Union does not represent this position.
Fiscal Impact:
The proposed organizational changes will cause an additional net cost of $284,730 to the General Fund.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 3: Create and sustain a resilient and economically prosperous City.
Recommended Action:
Staff recommends City Council adopt:
a. Resolution No. 23-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO ADD AND TRANSFER CERTAIN FULL-TIME POSITIONS TO THE MID-MANAGEMENT UNIT; and
b. Resolution No. 23-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AMENDING AND ADOPTING THE FISCAL YEAR 2023/24 SALARY
SCHEDULE FOR GENERAL AND HOURLY UNIT EMPLOYEES AND EXECUTIVE MANAGEMENT AND MID-MANAGEMENT EMPLOYEES.
Attachments:
1. Resolution No. 23-46
2. Resolution No. 23-47
Attachment No. 1
RESOLUTION NO. 23-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO ADD AND TRANSFER CERTAIN FULL-TIME
POSITIONS TO THE MID-MANAGEMENT UNIT
WHEREAS, the City Council of the City of Norwalk undertakes periodic review of its operating and capital improvement budget; and
WHEREAS, the City has determined there is a need to move the Senior Center Manager position from the General Unit to the Mid-Management Unit and to add a Human Resources Manager position to the Mid-Management Unit; and WHEREAS, the current Fiscal Year will have an additional net cost of $284,730 to the general fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. The City Manager is authorized to make the following appropriation and prepare the necessary budget amendment for the following account:
Account Number Debit Credit
General Fund Balance: 101-0480 $284,730
Section 2. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED this 1st day of August 2023.
_____________________________
ANA VALENCIA
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
Attachment No. 2
RESOLUTION NO. 23-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AMENDING AND ADOPTING THE FISCAL YEAR 2023/24 SALARY
SCHEDULE FOR GENERAL AND HOURLY UNIT EMPLOYEES AND
EXECUTIVE MANAGEMENT AND MID-MANAGEMENT EMPLOYEES
WHEREAS, Norwalk Municipal Code (NMC) §2.24.070 allows for the adoption and revision of a compensation plan (salary schedule) by resolution; and WHEREAS, the salary schedule has been amended and supersedes all previously adopted salary schedules.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. Pursuant to NMC §2.24.070, the City Council hereby adopts the Fiscal Year 2023/24 Salary Schedule attached as Exhibit A.
Section 2. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED this 1st day of August 2023.
_____________________________
ANA VALENCIA
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
Exhibit A
A. CITY COUNCIL
Name of Position Rate Type Step A Step B Step C Step D Step E Mayor Monthly N/A N/A N/A N/A 950.91
Vice-Mayor Monthly N/A N/A N/A N/A 950.91
Councilmember Monthly N/A N/A N/A N/A 950.91
B. EXECUTIVE MANAGEMENT
Class Name of Position Rate Type Step A Step B Step C Step D Step E E001 City Manager Monthly 28,777
E011 Executive Dir. of Regional Transportation Monthly 16,116 16,922 17,768 18,656 19,589 E003 Deputy City Manager Monthly 14,559 15,287 16,052 16,854 17,697 E035 Dir. of Public Services/City Engineer Monthly 13,461 14,134 14,840 15,582 16,362 E015 Dir. of Community Development Monthly 12,542 13,169 13,827 14,519 15,245 E020 Dir. of Finance/City Treasurer Monthly 12,542 13,169 13,827 14,519 15,245 E024 Dir. of Human Resources/Risk Manager Monthly 12,542 13,169 13,827 14,519 15,245 E017 Dir. of Public Affairs & Communication Monthly 12,542 13,169 13,827 14,519 15,245 E030 Dir. of Public Safety Monthly 12,542 13,169 13,827 14,519 15,245 E040 Dir. of Recreation & Park Services Monthly 12,542 13,169 13,827 14,519 15,245 E045 Dir. of Social Services Monthly 12,542 13,169 13,827 14,519 15,245 E010 City Clerk Monthly 12,542 13,169 13,827 14,519 15,245 C. MID-MANAGEMENT
Class Name of Position Rate Type Step A Step B Step C Step D Step E M010 Building and Safety Manager Monthly 10,479 11,003 11,554 12,131 12,738 M022 Human Resources Manager Monthly 10,479 11,003 11,554 12,131 12,738 M023 Controller/Deputy Treasurer Monthly 10,479 11,003 11,554 12,131 12,738 M024 Development Services Manager Monthly 10,479 11,003 11,554 12,131 12,738 M032 Information Technology Manager Monthly 10,479 11,003 11,554 12,131 12,738 M015 Principal Civil Engineer Monthly 10,479 11,003 11,554 12,131 12,738 M054 Public Services Manager Monthly 10,479 11,003 11,554 12,131 12,738 M042 Transit Administrative Officer Monthly 10,479 11,003 11,554 12,131 12,738 M026 Emergency Preparedness Manager Monthly 9,603 10,083 10,587 11,117 11,673 M027 Fleet Maintenance Manager Monthly 9,603 10,083 10,587 11,117 11,673 M030 Housing Manager Monthly 9,603 10,083 10,587 11,117 11,673 M040 Manager of Transit Operations Monthly 9,603 10,083 10,587 11,117 11,673 M052 Public Safety Manager Monthly 9,603 10,083 10,587 11,117 11,673 M046 Recreation Superintendent Monthly 9,603 10,083 10,587 11,117 11,673 M062 Senior Center Manager Monthly 9,603 10,083 10,587 11,117 11,673 M017 Senior Civil Engineer Monthly 9,603 10,083 10,587 11,117 11,673 M022 Social Services Superintendent Monthly 9,603 10,083 10,587 11,117 11,673 D. GENERAL UNIT
Class Name of Position Rate Type Step A Step B Step C Step D Step E P040 Associate Engineer Monthly 7,889 8,283 8,697 9,132 9,589 F241 Plans Examiner Monthly 7,889 8,283 8,697 9,132 9,589 P315 Senior Planner Monthly 7,716 8,102 8,507 8,932 9,379 P028 Assistant City Clerk Monthly 7,308 7,673 8,057 8,460 8,883 P242 Principal Human Resources Analyst Monthly 7,308 7,673 8,057 8,460 8,883 F305 Senior Building Inspector Monthly 7,308 7,673 8,057 8,460 8,883 F327 Special Projects Coordinator Monthly 7,308 7,673 8,057 8,460 8,883 F131 Fleet Maintenance Supervisor Monthly 7,107 7,462 7,835 8,227 8,638 F340 Senior Transit Operations Supervisor Monthly 7,107 7,462 7,835 8,227 8,638 F385 Utilities Supervisor Monthly 7,107 7,462 7,835 8,227 8,638 P042 Associate Planner Monthly 6,867 7,211 7,571 7,950 8,347
CITY OF NORWALK
SALARY SCHEDULE
FY 2023-2024
Effective August 1, 2023
Resolution No. 23-47 2 of 4
D. GENERAL UNIT
Class Name of Position Rate Type Step A Step B Step C Step D Step E F165 Maintenance Supervisor Monthly 6,768 7,107 7,462 7,835 8,227 F317 Senior Code Compliance Inspector Monthly 6,768 7,107 7,462 7,835 8,227 P030 Assistant Engineer Monthly 6,650 6,983 7,332 7,699 8,084 P330 Senior Accountant Monthly 6,650 6,983 7,332 7,699 8,084 P235 Senior Human Resources Analyst Monthly 6,650 6,983 7,332 7,699 8,084 P189 Senior Management Analyst Monthly 6,650 6,983 7,332 7,699 8,084 F323 Social Services Supervisor Monthly 6,650 6,983 7,332 7,699 8,084 F160 Lead Equipment Mechanic Monthly 6,601 6,931 7,278 7,642 8,024 F362 Transit Safety & Training Coordinator Monthly 6,601 6,931 7,278 7,642 8,024 F087 Creative Coordinator Monthly 6,475 6,799 7,139 7,496 7,871 F019 Deputy City Clerk Monthly 6,475 6,799 7,139 7,496 7,871 F285 Recreation Supervisor Monthly 6,475 6,799 7,139 7,496 7,871 F312 Senior Executive Assistant Monthly 6,475 6,799 7,139 7,496 7,871 F055 Building Inspector II Monthly 6,353 6,671 7,004 7,355 7,722 F364 Transit Operations Supervisor II Monthly 6,096 6,401 6,721 7,057 7,410 P035 Assistant Planner Monthly 6,020 6,321 6,637 6,969 7,318 F260 Public Safety Officer III Monthly 6,020 6,321 6,637 6,969 7,318 F355 Traffic Signal Technician II Monthly 5,939 6,236 6,548 6,875 7,219 F245 Code Compliance Inspector Monthly 5,889 6,184 6,493 6,818 7,159 P132 Financial Analyst Monthly 5,781 6,070 6,374 6,693 7,027 P184 Management Analyst Monthly 5,781 6,070 6,374 6,693 7,027 F073 Childcare Program Supervisor Monthly 5,768 6,057 6,360 6,678 7,012 F110 Executive Assistant Monthly 5,768 6,057 6,360 6,678 7,012 F240 Human Resources Technician Monthly 5,768 6,057 6,360 6,678 7,012 F326 Social Services Coordinator Monthly 5,768 6,057 6,360 6,678 7,012 F231 Permit Technician II Monthly 5,536 5,813 6,104 6,409 6,729 F380 Water Service Worker II Monthly 5,537 5,813 6,104 6,409 6,730 F140 Housing Specialist II Monthly 5,530 5,806 6,097 6,401 6,721 F350 Traffic Signal Technician I Monthly 5,530 5,806 6,097 6,401 6,721 F092 Senior Production Supervisor Monthly 5,530 5,806 6,097 6,401 6,721 F224 Payroll Personnel Technician Monthly 5,489 5,763 6,051 6,354 6,672 F195 Mechanic Monthly 5,470 5,744 6,031 6,332 6,649
F360 Transit Operations Supervisor Monthly 5,443 5,716 6,001 6,301 6,616 F266 Public Safety Technician Monthly 5,391 5,660 5,943 6,240 6,552 F280 Recreation Coordinator Monthly 5,273 5,537 5,813 6,104 6,409 F180 Maintenance Worker III Monthly 5,133 5,390 5,659 5,942 6,239 F255 Public Safety Officer II Monthly 5,133 5,390 5,659 5,942 6,239 F370 Tree Trimmer II Monthly 5,115 5,371 5,640 5,922 6,218 F025 Administrative Secretary Monthly 5,090 5,345 5,612 5,893 6,188 F098 Engineering Technician Monthly 5,090 5,345 5,612 5,893 6,188 F210 Office Assistant III Monthly 5,090 5,345 5,612 5,893 6,188 F347 Storekeeper II Monthly 5,090 5,345 5,612 5,893 6,188 F357 Transit Administrative Specialist Monthly 5,090 5,345 5,612 5,893 6,188 F085 Community Worker Monthly 4,988 5,238 5,500 5,775 6,063 F070 Childcare Coordinator Monthly 4,976 5,224 5,486 5,760 6,048 F081 Community Development Assistant Monthly 4,976 5,224 5,486 5,760 6,048 F135 Housing Specialist I Monthly 4,976 5,224 5,486 5,760 6,048 F032 Management Assistant Monthly 4,976 5,224 5,486 5,760 6,048 F010 Account Clerk III Monthly 4,904 5,149 5,406 5,677 5,960 F084 Community Information Specialist Monthly 4,904 5,149 5,406 5,677 5,960 F243 Production Supervisor Monthly 4,904 5,149 5,406 5,677 5,960 F365 Tree Trimmer I Monthly 4,877 5,121 5,377 5,646 5,929 F230 Permit Technician Monthly 4,784 5,023 5,275 5,538 5,815 F043 Planning Technician Monthly 4,784 5,023 5,275 5,538 5,815 F080 Bus Operator Monthly 4,751 4,988 5,237 5,499 5,774 F091 Dispatcher Monthly 4,751 4,988 5,237 5,499 5,774
F175 Maintenance Worker II Monthly 4,637 4,868 5,112 5,367 5,636 Resolution No. 23-47 3 of 4
D. GENERAL UNIT
Class Name of Position Rate Type Step A Step B Step C Step D Step E F375 Water Service Worker I Monthly 4,540 4,767 5,006 5,256 5,519 F250 Public Safety Officer I Monthly 4,420 4,641 4,873 5,117 5,373 F325 Social Service Worker II Monthly 4,420 4,641 4,873 5,117 5,373 F244 Production Specialist Monthly 4,328 4,545 4,772 5,011 5,261 F005 Account Clerk II Monthly 4,324 4,541 4,768 5,006 5,256 F205 Office Assistant II Monthly 4,155 4,363 4,581 4,810 5,050 F222 Payment Specialist Monthly 4,155 4,363 4,581 4,810 5,050 F115 Facility Maintenance I Monthly 4,088 4,293 4,508 4,733 4,970 F170 Maintenance Worker I Monthly 3,815 4,005 4,206 4,416 4,637 F200 Office Assistant I Monthly 3,815 4,005 4,206 4,416 4,637 E. HOURLY UNIT
Class Name of Position Rate Type Step A Step B Step C Step D Step E H103 Senior Management Analyst Hourly 37.24 39.10 41.06 43.11 45.27 H083 Code Compliance Inspector Hourly 32.98 34.63 36.36 38.17 40.08 H063 Management Analyst Hourly 32.39 34.01 35.71 37.50 39.37 H010 Public Safety Officer II Hourly 29.61 31.09 32.64 34.28 35.99 H230 Permit Technician Hourly 27.60 28.98 30.43 31.95 33.54 H030 Bus Operator Hourly 27.40 28.77 30.21 31.72 33.30
H046 Equipment Service Helper II Hourly 27.40 28.77 30.21 31.72 33.30 H080 Production Specialist Hourly 24.97 26.22 27.53 28.91 30.35 H250 Public Safety Officer I Hourly 24.78 26.01 27.32 28.68 30.12 H009 Account Clerk II Hourly 24.21 25.42 26.69 28.03 29.43 H067 Payment Specialist Hourly 23.96 25.16 26.42 27.74 29.12 H059 Mechanic Trainee Hourly 23.29 24.45 25.68 26.96 28.31 H199 Office Assistant II Hourly 23.29 24.45 25.68 26.96 28.31 H095 Recreation Leader III Hourly 22.75 23.88 25.08 26.33 27.65 H031 Bus Operator Trainee Hourly 21.92
H037 Dispatcher Hourly 21.92 23.02 24.17 25.37 26.64
H045 Equipment Service Helper Hourly 21.92 23.02 24.17 25.37 26.64 H038 Public Safety Dispatcher Hourly 21.92 23.02 24.17 25.37 26.64 H200 Office Assistant I Hourly 21.39 22.45 23.58 24.76 25.99 H110 Social Service Worker I Hourly 20.28 21.29 22.36 23.47 24.65 H035 Community Information Assistant Hourly 19.46 20.43 21.46 22.53 23.66 H100 Senior Lifeguard Hourly 18.75 19.69 20.67 21.71 22.79 H022 Athletic Trainer Hourly 17.18 18.04 18.94 19.89 20.88 H050 Instructor Guard Hourly 16.85 17.70 18.58 19.51 20.49 H012 Site Coordinator Hourly 16.67 17.50 18.38 19.29 20.26 H055 Lifeguard Hourly 16.41 17.24 18.10 19.00 19.95
H090 Recreation Leader II Hourly 16.41 17.24 18.10 19.00 19.95 H015 Administrative Intern Hourly 16.08 16.88 17.73 18.61 19.54 H069 Dishwasher Hourly 16.08 16.88 17.73 18.61 19.54
H060 Maintenance Assistant Hourly 16.08 16.88 17.73 18.61 19.54 H062 Meal Driver Hourly 16.08 16.88 17.73 18.61 19.54
H064 Nutrition Aide Hourly 16.08 16.88 17.73 18.61 19.54 H068 Planning Intern Hourly 16.08 16.88 17.73 18.61 19.54 H075 Production Assistant Hourly 16.08 16.88 17.73 18.61 19.54 H085 Recreation Leader I Hourly 16.08 16.88 17.73 18.61 19.54 H120 Youth Worker Hourly 16.08
Resolution No. 23-47 4 of 4
City Council Agenda Report
August 1, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Amanda Moreno, Senior Management Analyst
SUBJECT: ONE-WAYS NEIGHBORHOOD REHABILITATION PROGRAM UPDATE Background:
On July 19, 2022, City Council approved the allocation of $2,000,000 for the One-Ways Neighborhood Rehabilitation Program (Program) to serve a community that has been disproportionately impacted by the COVID-19 pandemic. In August of 2022, staff was hired to develop the program, including but not limited to creating a program application, instructions, guidelines, eligibility criteria, contracts, correspondence, website landing page, etc. for the participants, contractors, and staff.
Program Development began in September 2022 with staff conducting research through a physical neighborhood assessment of each of the over 850 properties in the neighborhood, as well as sending out mail-in surveys to identify the general needs of the area and prioritize the eligible use of funds. In addition to the survey’s, community outreach was conducted via U.S. mail and the City’s website and newsletter to promote the program’s funding opportunities to the residents of the area.
In January 2023, staff issued a Request for Qualifications (RFQ) to solicit contractors to participate in the program to provide eligible home services. The RFQ closed at the end of February and the contractors went through an extensive vetting process to confirm they had the necessary qualifications and experience to participate in the program. Simultaneously, staff conducted three community meetings in February at the Norwalk Social Services Center to provide program information and in-person assistance to prepare interested residents with submitting their applications from March 1 - 31. Following the end of the submission period, an evaluation committee conducted an in-depth review of the 85 applications that consisted of document review and field inspections.
City Council August 1, 2023
Update of the One-Ways Rehabilitation Program Page No. 2 On April 24, staff began to notify applicants via phone, U.S. mail, and/or email if their application had been approved, wait listed, or denied. In May, staff collected outstanding application documents and/or ensured all specified code violations were abated from each applicant’s property to complete their applications. Simultaneously, staff worked with each contractor to collect the required documents and insurance to establish the list of qualified contractors.
Once the contractors were vetted and approved, staff contacted the first 16 applicants to schedule on-site cost estimates beginning on Friday, June 16 and concluding on Friday, June 30. At this time, a total of 13 applicants have selected the contractor of their choice and staff is working with each contractor to finalize the details of each cost proposal. As soon as the final details are obtained, staff will work with the resident, contractor, and internal staff to process each agreement prior to commencing construction. Construction will begin in August 2023, contingent upon each resident’s schedule. All home rehabilitation projects are anticipated to be completed by the end of December 2023.
Fiscal Impact:
The City’s American Rescue Plan Act $28 million Allocation Plan has $2,000,000 set aside for this program.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 2: Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods.
Recommended Action:
Staff recommends City Council receive and file the One-Ways Rehabilitation Program update.
Attachments:
N/A