Norwalk City Council
November 7, 2023

AGENDA

CITY COUNCIL
NOVEMBER 7, 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].

City Council, November 7, 2023 Page 2 of 6

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 REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Assessor Parcel Number 8047-006-925; Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and Arturo Sneider, Primestor Development, Inc.; Under Negotiation; Price and Terms of Payment.

II. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Front Street properties, Assessor Property Numbers 8056-015-014, 8056-015-016, 8056-015-900 and 8056-015-901; Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and Arturo Sneider, Primestor Development Inc.; Under Negotiation: Exchange Agreement.

III. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Assessor Parcel Number 8045-008-902 (California Youth Authority); Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and State of California; Under Negotiation; Price and Terms of Payment.

RECESS

REGULAR MEETING – 6:00 PM

CALL TO ORDER

Mayor Valencia

INVOCATION

Miguel Martinez
First Baptist Church

FLAG SALUTE

Emmanuel and Edwin Salazar-Lira
Norwalk High School

City Council, November 7, 2023 Page 3 of 6

ROLL CALL

Theresa Devoy, CMC
City Clerk

CLOSED SESSION REPORT

CITY COUNCIL COMMENTS

a. Report of City Council Travel

SPECIAL PRESENTATIONS

I. City Council to recognize Hometown Heroes Families.

II. City Council to Proclaim November as Native American Heritage History Month.

III. City Council to Proclaim November 25th as Small Business Saturday.

IV. Lions Club Check Presentations.

CITY MANAGER COMMENTS

1. State of the City Recap Video.

2. The Views Apartments Ribbon Cutting Recap Video.

3. Halloween in Norwalk Recap Video.

4. Biweekly Review video.

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 October 17, 2023. 825-04

City Council, November 7, 2023 Page 4 of 6

3. PAYROLL FOR THE PERIODS OCTOBER 1, 2023 – OCTOBER 14, 2023 AND OCTOBER 15, 2023 – OCTOBER 28, 2023
Staff recommends City Council approve:
a. gross payroll in the amount of $1,202,921.35; the payroll check numbers 38017 - 38024 and the voucher numbers 324277 – 324768, in the total net amount of $890,473.81 for the pay period October 1, 2023 – October 14, 2023; and
b. gross payroll in the amount of $1,173,671.89; the payroll check numbers 38025 – 38031 and the voucher numbers 324769 – 325261, in the total net amount of $874,774.84 for the pay period October 15, 2023 – October 28, 2023.

4. COMMERCIAL DEMANDS
Staff recommends City Council approve the warrant register period October 10, 2023 – October 30, 2023, in the total amount of $6,952,663.84. 640

5. CLAIMS AGAINST THE CITY
Staff recommends City Council deny the claim filed by Melanie Paz, Ayanna Smith, and Wawanesa Insurance on behalf of Armando Hidalgo.

6. PLANNING COMMISSION SYNOPSIS – OCTOBER 25, 2023
No action is required unless the City Council elects to review the decision of the Planning Commission on the item where the Commission’s action was final.

7. ORDINANCE NO. 23-1743 - ZONE CHANGE NO. 2022-05 - 13310 ROSECRANS AVENUE Staff recommends City Council adopt Ordinance No. 23-1743, AN ORDINANCE OF THE CITY OF

NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-05 FOR 13310 ROSECRANS AVENUE.

8. PROJECT NO. 7928.1 - ACCEPT WORK FOR LOCAL STREETS REHABILITATION PROGRAM – PHASE 2 ZONE 8 (CONCRETE IMPROVEMENTS) – ENGINEERS REPORT 23-20 Staff recommends City Council accept the work of CJ Concrete Construction in the amount of $1,204,623 for Project No. 7928.1 – Local Streets Rehabilitation Program – Phase 2 Zone 8 (Concrete Improvements).

9. AWARD OF CONTRACTS TO PROVIDE ON-CALL COMMUNITY DEVELOPMENT CONSULTANT AND

ADDITIONAL SERVICES
Staff recommends City Council approve agreements with the 27 selected firms listed above to provide on- call Community Development Consultant Services and additional services for a term of three years from the date of execution, in an amount not-to-exceed $150,000 depending on the services needed by each department annually for each firm; and authorize the City Manager to execute agreements 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.

10. RESOLUTION NO. 23-67 – BUDGET AMENDMENT AND PROFESSIONAL SERVICES AGREEMENT AMENDMENT FOR BUCKNAM AND ASSOCIATES INC. FOR UTILITIES PROGRAM MANAGEMENT

AND UTILITIES ENGINEERING SUPPORT SERVICES
Staff recommends City Council:
a. adopt Resolution No. 23-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED

BUDGET TO APPROPRIATE AVAILABLE ENTERPRISE FUNDS FOR PROFESSIONAL

SERVICES FOR UTILITIES PROGRAM MANAGEMENT AND UTILITIES ENGINEERING SUPPORT SERVICES, in the amount of $144,325; and

b. approve an amendment to the contract agreement with Bucknam and Associates Inc. to extend the agreement term to continue services through Fiscal Year 2025/26 with the option to extend the agreement one additional year, a contract value increase of $144,325, and authorize the City

City Council, November 7, 2023 Page 5 of 6

Manager to execute the amendment, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

11. RESOLUTION NO. 23-65 - APPOINTING A MEMBER AND ALTERNATE TO THE GOVERNING BOARD

AND AGREEMENT WITH THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER

MANAGEMENT JOINT POWERS AUTHORITY FOR COST SHARING FOR THE INSTALLATION OF

MONITORING EQUIPMENT AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS

TOTAL MAXIMUM DAILY LOADS
Staff recommends City Council:

a. adopt Resolution No. 23-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NORWALK APPOINTING A MEMBER AND ALTERNATE TO THE LOS ANGELES GATEWAY

REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY GOVERNING BOARD; and
b. approve an amendment to the agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, for three additional years up to June 30, 2026, for an amount not-to-exceed $12,773.11, and authorize the City Manager to execute the agreement, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

12. PROJECT NO. 7442 – RESOLUTION NO. 23-63 BUDGET AMENDMENT – CHANGE ORDER AND AGREEMENT AMENDMENT FOR STEPHEN DORECK EQUIPMENT RENTALS, INC. FOR WATER MAIN REPLACEMENT ON PIONEER BOULEVARD FROM 160TH TO 166TH STREET Staff recommends City Council:
a. adopt Resolution No. 23-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE AVAILABLE PROPOSITION C FUNDING TO PROJECT NO. 7442 - WATER MAIN REPLACEMENT ON PIONEER BOULEVARD FROM 160TH TO 166TH STREETS, in the amount of $1,001,500; and
b. authorize the City Manager to approve a change order and execute an amendment to the agreement, $1,001,500 for Project No. 7442 with Stephen Doreck Equipment Rentals, Inc., provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

APPOINTMENTS

13. ADVISORY BODY APPOINTMENTS
Staff recommends City Council make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2024.

PUBLIC HEARINGS

14. ORDINANCE NO. 23-1744 – ZONING TEXT AMENDMENT NO. 2023-01 TO AMEND VARIOUS SECTIONS OF TITLE 17 OF THE NORWALK MUNICIPAL CODE AS IT RELATES TO THE AUTOMOBILE PARKING ZONE AND ORDINANCE NO. 23-1745 - ZONE CHANGE NO. 2023-01 TO REMOVE ZONING

DESIGNATION AUTOMOBILE PARKING ZONE FROM THE ZONING MAP Staff recommends City Council:
a. introduce by title only Ordinance No. 23-1744, AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING) OF THE NORWALK MUNICIPAL CODE RELATED TO THE REMOVAL OF THE AUTOMOBILE PARKING ZONE THROUGHOUT THE CITY, and schedule for adoption; and
b. introduce by title only Ordinance No. 23-1745, AN ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS FINDINGS OF FACTS AND DECISION APPROVING ZONE CHANGE NO. 2023-01, and schedule for adoption.

City Council, November 7, 2023 Page 6 of 6

15. ORDINANCE NO. 23-1746 – ZONING TEXT AMENDMENT NO. 2023-02 TO AMEND VARIOUS SECTIONS OF TITLE 17 OF THE NORWALK MUNICIPAL CODE TO STREAMLINE THE PRECISE

DEVELOPMENT PLAN PROCESS
Staff recommends City Council introduce by title only Ordinance No. 23-1746, AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING) OF THE NORWALK MUNICIPAL CODE

AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO INITIATE AND MAKE DECISIONS ON PRECISE DEVELOPMENT PLAN APPLICATIONS and schedule for adoption.

16. PUBLIC HEARING - RESOLUTION NO. 23-68 – SUSTAINABILITY, ENERGY EFFICIENCY AND

INFRASTRUCTURE IMPROVEMENT PROJECT
Staff recommends City Council:
a. adopt Resolution No. 23-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 4217.12(A)(1)- (2) AND AUTHORIZING THE CITY MANAGER TO FINALIZE NEGOTIATIONS THAT ARE IN THE

BEST INTERESTS OF THE CITY FOR AN ENERGY SERVICES CONTRACT WITH SYSERCO ENERGY SOLUTIONS, INC. FOR THE ACQUISITION OF ENERGY CONSERVATION EQUIPMENT;

b. authorize the City Manager to begin the process to secure tax-exempt bond financing by private placement or public offering funding for the project; and

c. authorize the City Manager to prepare, execute, or record (cause to be recorded) any documents required under the project, on behalf of the City, in a form approved by the City Attorney.

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 November 3, 2023.

Theresa Devoy, CMC
City Clerk

20231017

825-04

MINUTES OF THE CLOSED SESSION AND REGULAR MEETINGS

NORWALK CITY COUNCIL

NORWALK, CALIFORNIA
OCTOBER 17, 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 and Perez, and Mayor Valencia ; Councilmember Ramirez and Vice Mayor Rios participated via videoconference. Also present were Jesus M. Gomez, City Manager; Gloria Ramirez, 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 matters to be discussed in closed session.

CLOSED SESSION

City Council immediately convened to closed session for discussion on the following matters:

I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8 – The Artesia Service Area of the Norwalk Municipal Water System; Negotiating on behalf of the City: Jesus M. Gomez; Negotiating Party:

Golden State Water Company; Under Negotiation: Price and Terms of Payment.

II. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8 Property: Front Street properties, Assessor Property Numbers 8056- 015-014, 8056-015-016, 8056-015-900 and 8056- 015-901; Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and Arturo Sneider, Primestor Development Inc.; Under Negotiation: Exchange Agreement.

III. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1): City of Whittier, a Charter City; et al. v.

Superior Court of the State of California, County of Los Angeles, etc., et al.; Los Angeles County Superior Court Case No. 23STCP03579.

IV. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1): Proposed Class Action Settlements City of Camden, et al., v. E.I. DuPont de Nemours and Company, et al., No. 2:23- cv-03230- RMG City of Camden, et al., v. 3M Company No. 2:23-cv-03147-RMG.

Minutes of the Closed Session and Regular Meetings
Norwalk City Council
October 17, 2023

2 RECESS

City Council recessed at 5:55 p.m. pending the commencement of the regular meeting.

REGULAR MEETING

Mayor Valencia called the hybrid meeting to order at 6:07 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 and Perez, Vice Mayor Rios , and Mayor Valencia .

Councilmember Ramirez participated via videoconference. Also present were Jesus M.

Gomez, City Manager; Gloria Ramirez, Deputy City Attorney ; and Theresa Devoy, City Clerk.

The invocation was delivered by April Reutter, Pray Norwalk, followed by the flag salute, led by Rick Ramirez, New Harvest Christian School.

CLOSED SESSION REPORT

The Deputy City Attorney reported that there was no reportable action taken on Item Nos.

I and II, however, indicated No. II is also on the regular agenda as Item No. 12. She reported that City Council voted to join the litigation by a 5 -0 vote for Item No. III ; and during discussion on Item No. IV City Council voted 5-0 to approve not opting out of the class action lawsuit.

CITY COUNCIL COMMENTS

City Council expressed appreciation for the success of the Halloween Parade.

Councilmember Ayala thanked all staff for making the 38 th Arturo Sanchez Jr. Halloween
Parade a huge success that was well attended. Councilmember Ramirez shared that pledge of allegiance participant Rick Ramirez participates in many C ity events ; and requested Mr. Rodriguez, Grand Marshal of the parade, be invited to a future City Council meeting to be recognized for his participation. Councilmember Perez highlighted upcoming events such as the Pumpkin Float event being held at the Norwalk Aquatic Pavilion October 20, Halloween at the Hargitt House October 21, and the Halloween Festival October 27 at Norwalk, Hermosillo, and Lakeside parks; shared that the Chamber of Commerce hosted their Annual Norwalk Chamber Fall Festival in October and thanked all who attended; encouraged residents to participate in all the Halloween events being held at Social Services and Senior Center; thanked First Responders, Public S afety, Sheriffs, Homeless Operations Prevention and Engagement team (HOPE), and Code Compliance for all they do. Vice Mayor Rios reported on her attendance at the Greater Los Angeles County Vector C ontrol Meeting, the Miniachis De Norwalk performance at Minutes of the Closed Session and Regular Meetings
Norwalk City Council
October 17, 2023

3 the Norwalk Library; Ghost and Goblins Movie Night, and Oktober Fest; thanked staff for making all events successful; and thanked Public Services Grafitti staff for their services, after witnessing staff documenting and removing graffiti in the early morning Mayor Valencia welcomed dignitaries in attendance; announced the City is continuing to host fundraiser events for Paint the Town Pink; reported on her attendance at Meet the Mayor and thanked staff for its success; she also attended a Hispanic Heritage event hosted by Los Angeles Mayor Karen Bass, and the Chamber Fall Festival; announced the State of the City Address on Friday, October 20 at the Norwalk Arts and Sports Complex.

SPECIAL PRESENTATIONS

City Council proclaim ed October as Down Syndrome Awareness Month in the City of Norwalk.

City Council recognized Sheriff’s Department Lieutenant Noe Garcia for five years of service.

City Council proclaimed October as Code Compliance Month in the City of Norwalk.

City Council recognized the Norwalk Enforcement Team and HOPE team. Introduction of the new Norwalk Sheriff Station Captain will be announced at a later Council Meeting.

CITY MANAGER COMMENTS

Mr. Gomez shared that Recreation and Park Services, Public Services, and Public Safety made the Halloween parade a success and thanked them for all the upcoming events to come.

Videos were shared highlighting the 1 st Responder Appreciation Luncheon, Hispanic Heritage Month, Arturo Sanchez Sr. Halloween Parade, and the “Biweekly Review.”

CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Councilmember Perez abstained from taking action on Item No.

8. Vice Mayor Rios moved and C ouncilmember Ramirez seconded to approve consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

Minutes of the Closed Session and Regular Meetings
Norwalk City Council
October 17, 2023

4 AYES: Councilmembers Ayala, Perez, * and Ramirez, Vice Mayor Rios, and Mayor Valencia
NOES: None
ABSENT: None

WAIVED 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 October 3, 2023. 825-04

PAYROLL FOR THE PERIOD SEPTEMBER 17, 2023 – SEPTEMBER 30, 2023

City Council approved gross payroll in the amount of $1,157,903.69; the payroll check numbers 38013 - 38016 and the voucher numbers 3223789 – 324276 in the total net amount of $855,752.79 for the pay period September 17, 2023 – September 30, 2023. 630

COMMERCIAL DEMANDS

City Council approved the warrant register period September 26, 2023 through October 9, 2023, in the total amount of $4,670,300.97. 640

CLAIMS AGAINST THE CITY

City Council denied the claim filed by Armando Hidalgo. 830-01

PLANNING COMMISSION SYNOPSIS – OCTOBER 11, 2023

No action taken. 320

AGREEMENT AMENDMENT NO. 6 – TRAFFIC ENGINEERING SERVICES TO PROVIDE SERVICES FOR PROJECT NO. 7933 - ANALYZING THE FEASIBILITY OF STRIPING MODIFICATIONS ON EXCELSIOR DRIVE, ENGINEER’S REPORT NO. 23- 17 City Council approved Amendment No. 6 to Willdan Engineering’s Traffic Engineering Services Agreement in the amount of $53,304 to provide services for Project No. 7933, Analyzing the Feasibility of Striping Modifications on Excelsior Drive; and authorized the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney. 1005-04-7933
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
October 17, 2023

5 *Councilmember Perez abstained from taking action on the following item due to property ownership within 500’.

PROJECT NO. 7929.1 - ACCEPT WORK FOR LOCAL STREETS REHABILITATION PROGRAM – PHASE 2 ZONE 19 (CONCRETE IMPROVEMENTS) – ENGINEERS REPORT 23-19

City Council accepted the work of CJ Concrete Construction in the amount of $700,412 for Project No. 7929.1 – Local Streets Rehabilitation Program – Phase 2 Zone 19 (Concrete Improvements). 1005-04-7929

AWARD ENGINEERING SERVICES AGREEMENT FOR CALIFORNIA
ENVIRONMENTAL QUALITY ACT COMPLIANCE SERVICES FOR PROJECT NO. 7359 - HERMOSILLO PARK REHABILITATION AND PROJECT NO. 7607 -

STORMWATER CAPTURE AND INFILTRATION PROJECT

City Co uncil awarded an agreement to Dudek in the amount of $81,650 to provide Environmental Review and California Environmental Quality Act Compliance services for Project No. 7359 - Hermosillo Park Rehabilitation and Project No. 7607 - Stormwater and Infiltration Project; 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. 1005-04-7359/-7607

APPOINTMENTS

ADVISORY BODY APPOINTMENTS

None. 200

PUBLIC HEARINGS

RESOLUTION NO. 23-64 - GENERAL PLAN AMENDMENT NO. 2022 -03 TO AMEND

THE GENERAL PLAN LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL TO LOW DENSITY RESIDENTIAL AND ORDINANCE NO. 23 -1743 - ZONE CHANGE NO. 2022 -05 TO AMEND THE ZONING DESIGNATION FROM RESTRICTED COMMERCIAL (C-1) TO LOW DENSITY RESIDENTIAL (R-1) AT 13310

ROSECRANS AVENUE

Mayor Valencia opened the public hearing to consider General Plan Amendment No. 2022-03 to amend the General Plan Land Use Designation from Neighborhood Commercial to Low Density Residential and Ordinance No. 23- 1743. The City Clerk presented a report on the legal requi sites for notice of hearing. Jill Ann Arabe, Minutes of the Closed Session and Regular Meetings
Norwalk City Council
October 17, 2023

6 Development Services Manager, provided a report. There being no persons wishing to testify in this matter, Mayor Valenc ia closed the public hearing. Councilmember Perez moved and Vice Mayor Rios seconded to:

a. adopt Resolution No. 23-64, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK APPROVING GENERAL PLAN AMENDMENT NO. 2022 -03 FOR 13310 ROSECRANS AVENUE;

b. introduce by title only Ordinance No. 23- 1743, AN ORDINANCE OF THE CITY OF

NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022 -05 FOR 13310 ROSECRANS AVENUE, and schedule for adoption; and

c. approve the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program with adoption of the project.

MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Ayala, Perez, and Ramirez, Vice Mayor Rios, and Mayor Valencia
NOES: None
ABSENT: None 320-02-012022-03/320-09-2022-05

RESOLUTIONS

ADOPT RESOLUTION NO. 23-62 DECLARING THE CITY-OWNED REAL PROPERTY LOCATED AT 12124 FIRESTONE BOULEVARD EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(C) AND APPROVING

AN EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND

BETWEEN THE CITY OF NORWALK AND FIRESTONE LOFTS, LP

John Ramirez, Director of Community Development provided a report. Councilmember Perez moved and Vice Mayor Rios seconded to:

a. find that the Exempt Surplus Land determination and the approval of the Exchange Agreement is exempt under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and CEQA Guidelines Section 15311 – Class 11 Accessory Structures (small parking lots) to existing commercial uses and Section 15312 – Surplus Government Property Sales and none of the exceptions to the Categorical Exceptions under CEQA Guidelines Section 15300.2 apply;

b. adopt Resolution No. 23-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NORWALK DECLARING THE CITY -OWNED REAL PROPERTY LOCATED AT Minutes of the Closed Session and Regular Meetings
Norwalk City Council
October 17, 2023

7 12124 FIRESTONE BOULEVARD EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221(F)(1)(C) AND APPROVING AN

EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY OF NORWALK AND FIRESTONE LOFTS, LP; and

c. authorize the City Manager to prepare, execute, or records (cause to be recorded) any documents required under the terms of the Exchange Agreement and such other ancillary documents, on behalf of the City, in a form approved by the City Attorney that are reasonably necessary to consummate the Exchange Agreement and effectuate the intent of Resolution No. 23-62.

MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Ayala, Perez, and Ramirez, Vice Mayor Rios, and Mayor Valencia
NOES: None
ABSENT: None 1405-08

ART IN PUBLIC PLACES RECOMMENDATION TO APPROVE PROPOSED ART AT

THE NORWALK FITNESS VILLAGE

Following a brief report by Theresa Devoy , City Clerk, Councilmember Ramirez moved and Councilmember Perez seconded to accept the Art in Public Places recommendation and approve the artwork proposed for the Norwalk Fitness Village center as shown in the exhibits. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Ayala, Perez, and Ramirez, Vice Mayor Rios, and Mayor Valencia
NOES: None
ABSENT: None
405-01

ADOPT ECONOMIC DEVELOPMENT OPPORTUNITIES PLAN UPDATE

Following remarks from the City Manager and a brief report provided by Mr. Ramirez, and Ken Hira, Kosmont President, City Council discussion ensued, Councilmember Ayala directed staff to promote the progress of major projects . Councilmember Perez moved and Vice Mayor Rios seconded to adopt the Economic Development Opportunities Plan Update. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Ayala, Perez, and Ramirez, Vice Mayor Rios, and Mayor Valencia
NOES: None
ABSENT: None 325
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
October 17, 2023

8 ORAL COMMUNICATIONS

Addressing City Council in person were Caren Spilsbury , an anonymous speaker , and Juan Martinez.

ADJOURNMENT

There being no further business to come before City Council, the meeting was adjourned at 8:13 p.m.

____________________________

THERESA DEVOY, CMC

CITY CLERK
ATTEST:

____________________________

ANA VALENCIA
MAYOR
City Council Agenda Report
November 7, 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 PERIODS OCTOBER 1, 2023 – OCTOBER 14, 2023 AND OCTOBER 15, 2023 – OCTOBER 28, 2023
Background:

The City’s gross payroll cost for the periods of October 1, 2023 – October 14, 2023 total $1,202,921.35 and October 15, 2023 – October 28, 2023 total $1,173,671.89.

Fiscal Impact:

N/A
Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council approve:
a. gross payroll in the amount of $1,202,921.35; the payroll check numbers 38017 - 38024 and the voucher numbers 324277 – 324768, in the total net amount of $890,473.81 for the pay period October 1, 2023 – October 14, 2023; and

City Council November 7, 2023
Payroll for the Periods October 1, 2023 – October 14,
2023 and October 15, 2023 – October 28, 2023
Page No. 2
6 6
5 b. gross payroll in the amount of $1,173,671.89; the payroll check numbers 38025 – 38031 and the voucher numbers 324769 – 325261, in the total net amount of $874,774.84 for the pay period October 15, 2023 – October 28, 2023.

Attachments:

N/A

City Council Agenda Report
November 7, 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 Melanie Paz, Ayanna Smith, and Wawanesa Insurance on behalf of Armando Hidalgo. 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 claim filed by Melanie Paz, Ayanna Smith, and Wawanesa Insurance on behalf of Armando Hidalgo.

Attachments:

N/A

City Council Agenda Report
November 7, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John Ramirez, Director of Community Development
SUBJECT: PLANNING COMMISSION SYNOPSIS – OCTOBER 25, 2023 Background:

At its meeting of October 25, 2023, the Planning Commission reviewed the following applications and took action as outlined below and in the attached Synopsis:

Planning Commission Action Final
•Conditional Use Permit No. 2023-03 and Director Approval Request No. 2023-08.

Planning Commission Action Not Final – None.

Fiscal Impact: N/A
Citizens Advised:

Notice of the Planning Commission’s decision was mailed to the applicant on October 26, 2023.

Strategic Plan 2023 Implementation: N/A
Recommended Action:

No action is required unless the City Council elects to review the decision of the Planning Commission on the item where the Commission’s action was final.

Attachments:

Planning Commission Synopsis

Planning Commission Synopsis, October 25, 2023

SYNOPSIS

PLANNING COMMISSION
OCTOBER 25, 2023

UNTIL FURTHER NOTICE, MEETINGS WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ASSEMBLY BILL 361, WHICH ALLOWS PLANNING COMMISSION 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 1-(669) 444-9171 OR USING THE ZOOM APP; MEETING ID: 929 283 6465# DURING THE MEETING TO SPEAK ON AN ITEM.

THE MEETING MAY BE VIEWED ON FIOS CHANNEL 32 OR CHARTER CHANNEL 3 OR ON THE CITY’S WEBPAGE AT: https://www.norwalk.org/city-hall/meeting-agendas-393.

SPECIAL MEETING

NORWALK CITY HALL/COUNCIL CHAMBERS

AND VIA VIDEO/TELECONFERENCE
6:00 P.M.

Rosa Barragan, Chair
Linda Lopez, Vice Chair
Kim Apodaca, Planning Commissioner
Gabriel P. Garcia, Planning Commissioner
Luis Navas, Planning Commissioner
Public Comment: Comments may be made in person, submitted via email at: [email protected], or through the video/teleconference during the designated time on any item on the agenda or on any other matter within the jurisdiction subject to the rules of decorum described in Norwalk Municipal Code §2.08.020. The maximum time allowed is three minutes.

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 Planning Commission may direct staff to investigate and/or schedule certain matters for consideration at a future Planning Commission meeting.

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 Community Development Department, (562) 929-5744. Assisted listening devices are available at this meeting. Ask the Secretary 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 Planning Commission 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, by request in the Community Development Department, City Hall, 12700 Norwalk Boulevard during regular business hours, 8:00 a.m. to 6:00 p.m., Monday – Thursday; telephone (562) 929-5744. You may also contact the City Clerk via e-mail at [email protected].

Planning Commission Synopsis, October 25, 2023 Page 2 of 2 CALL TO ORDER6:00 P.M.

FLAG SALUTECommissioner Apodaca
ROLL CALL OF MEMBERSCommissioner Apodaca, Commissioner Garcia, Vice Chair Lopez and Chair Barragan. Commissioner Navas was absent.

1. MEETING MINUTES – Staff recommends that the Planning Commission approve the minutes of the Special Meeting of October 11, 2023.

Planning Commission Action: Approved.

UNFINISHED BUSINESS

2. CONDITIONAL USE PERMIT NO. 2023-03
DIRECTOR APPROVAL REQUEST NO. 2023-08
Crystal Cyprian and Joy Cyprian, Joy’s Children’s Learning Center (“Applicant”); a request to permit a child care facility within an existing 2,785 square foot building and 2,797 square foot building for ancillary storage on a 0.37 acre site. The subject property is generally known as 11004 Adoree Street, located on the southeast corner of Adoree Street and Studebaker Road (also known as Assessor’s Parcel Number (“APN”) 8050-026-001), in the Commercial and Office (C and O) zone. The project includes a request for:
(1) Conditional Use Permit: To permit a child care facility within an existing 2,785 square foot single-story building; and
(2) Director Approval Request No. 2023-08: To allow an eighteen (18) percent reduction (three spaces) from the required number of parking spaces.
(3) Environmental: Consider and find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities).

Staff Recommendation: That the Planning Commission:
(1) Adopt Resolution No. 23-26 to deny Conditional Use Permit No. 2023-03; and (2) Adopt Resolution No. 23-27 to deny Director Approval Request No. 2023-08.

Planning Commission Action: Adopted Resolutions Nos. 23-26 and 23-27 to deny by a vote of 3-1.

ORAL COMMUNICATIONS - None
ADJOURNMENT 6:10 P.M.

City Council Agenda Report
November 7, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, CMC, City Clerk
SUBJECT: ORDINANCE NO. 23-1743 - ZONE CHANGE NO. 2022-05 - 13310 ROSECRANS AVENUE
Background:

The City Council, at its October 17, 2023 meeting, introduced Ordinance No. 23-1743, which will amend the zoning designation at 13310 Rosecrans Avenue from restricted commercial to low density residential. This ordinance is now being presented for adoption. If adopted this evening, Ordinance No. 23-1743 will become effective on November 16, 2023.

Fiscal Impact:

N/A
Citizens Advised:

A summary of the ordinance was published in The Norwalk Patriot on October 20, 2023.

Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council adopt Ordinance No. 23-1743, AN ORDINANCE OF THE CITY

OF NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-05 FOR 13310 ROSECRANS AVENUE.

Attachments:

Ordinance No. 23-1743

ORDINANCE NO. 23-1743

AN ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS
FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-05 FOR 13310 ROSECRANS AVENUE
WHEREAS, the City has received Zone Change No. 2022-05, a request by Touraj Kavandi on behalf of NFT Real Estate LLC (“Applicant”) to rezone 13310 Rosecrans Avenue (“Subject Site”); also known as Assessor’s Parcel Numbers (“APNs”) 8070-02- 001, -002, -003, -030, and -031 from Restricted Commercial (C-1) to Single Family Residential (R-1) to facilitate the development of the subject site with three (3) single- family residential homes (the “Project”); and
WHEREAS, General Plan Amendment (“GPA”) No. 2022-03 and Tentative Parcel Map (“TPM”) No. 2022-04 were 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. 2022-05; and WHEREAS, on September 13, 2023, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council approve Zone Change No. 2022-05; and
WHEREAS, State planning law requires consistency between Zoning and the General Plan; therefore zone change applications must be processed to have consistent land use designations with the General Plan Map; and
WHEREAS, an Initial Study (“IS”) and a Mitigated Negative Declaration (MND) and related Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Project pursuant to the requirements of the California Environmental Quality Act (CEQA) which analyzes the potential environmental impacts of the project including Zone Change No. 2022-03; and
WHEREAS, all of the requirements of the Public Resources Code and State California Environmental Quality Act (CEQA) Guidelines have been satisfied by the City in connection with the preparation of the IS/MND, which is sufficiently detailed so that all of the potential environmental effects of the project have been adequately evaluated; and WHEREAS, the Notice of Intent to Adopt the IS/MND was posted and the public comment period began on July 10, 2023 and ended on July 31, 2023; and Ordinance No. 23-1743 Page 2 of 5
2 8
9 5
WHEREAS, on October 17, 2023, the City Council held a duly noticed public hearing on this Ordinance and considered all oral and documentary evidence presented hereto, 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.

Section 2.The proposed Zone Change is in compliance with the NMC and the Norwalk General Plan. It is consistent with General Plan objectives to promote a positive image for the City and provide for a diversity of housing types.

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 hereby approves Zone Change No. 2022-05 amending the Zoning Map as indicated in Exhibit “A”, which is incorporated herein by this reference.

Section 6.The City Council has independently reviewed and analyzed the information contained in the Final IS/MND and related MMRP prepared for the proposed Project. The City Council has, as a result of its consideration and the evidence presented at the hearing on this matter, determined that, as required pursuant to the CEQA Guidelines, the Final IS/MND and related MMRP adequately address the expected environmental impacts of the proposed Project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the proposed Project will have a significant impact on the environment.

Section 7.The City Council hereby approves the Final IS/MND and related MMRP for Zone Change No. 2022-05, and directs that a Notice of Determination be prepared and filed with the Clerk of the County of Los Angeles in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, including but not limited to: exhibits attached hereto, and any public testimony, written and oral, all of which are incorporated herein by this reference. The Final IS/MND is available for viewing at the City’s Community Development Department, Planning Division located at 12700 Norwalk Boulevard, Norwalk, CA 90650.

Ordinance No. 23-1743 Page 3 of 5
2 8
9 5
Section 8. 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 9. 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 this 7th day of November 2023 ______________________________

ANA VALENCIA
MAYOR
ATTEST:
______________________________

THERESA DEVOY, CMC

CITY CLERK
Ordinance No. 23-1743 Page 4 of 5
2 8
9 5
EXHIBIT “A”
ZONE CHANGE NO. 2022-05
1) Change the Zoning Designation from Restricted Commercial (C-1) to Single Family Residential (R-1) zone for the property located at 13310 Rosecrans Avenue, also known as Assessor’s Parcel Numbers (“APNs”) 8070-02-001, - 002, -003, -030, and -031.

Ordinance No. 23-1743 Page 5 of 5
2 8
9 5

City Council Agenda Report
November 7, 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
Jessica Rodriguez, Assistant Engineer
SUBJECT: PROJECT NO. 7928.1 - ACCEPT WORK FOR LOCAL STREETS REHABILITATION PROGRAM – PHASE 2 ZONE 8 (CONCRETE
IMPROVEMENTS) – ENGINEERS REPORT 23-20
Background:

On August 16, 2022, City Council awarded a contract to CJ Concrete Construction (Santa Fe Springs) in the amount of $910,875 and included a contingency of $136,631 for the subject project. The streets for this project are part of Zone 8 and are shown on the attached map.

The work scope included concrete removals/repairs at specific locations of curbs-gutters, and sidewalks, as well as upgraded access ramps at intersection corners to current standards. The scope also included repairs to the alleyway along Downey-Norwalk Road, which required additional work for the design/construction of a drainage system in the amount of $157,117.

Final project costs are $1,204,623.

The project was completed satisfactorily on October 11, 2023.

Fiscal Impact:

The project was funded through Measure R funds that were included in the approved Fiscal Year 2023/24 budget. No General Fund monies were used for the project. Unexpended funds in the amount of $144,805 are available for re-programming.

City Council November 7, 2023
Accept Project No. 7928.1 - Local Streets
Rehabilitation Program – Phase 2 Zone 8 (Concrete
Improvements)
Page No. 2
6 4
1 Final Project Accounting for Project No. 7928.1, Local Streets Rehabilitation Program – Phase 2 Zone 8 (Concrete Improvements) are as follows:

Construction Contract $ 910,875 Contingency $ 136,631 Additional Work $ 157,117 Final Project Cost: $ 1,204,623
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 accept the work of CJ Concrete Construction in the amount of $1,204,623 for Project No. 7928.1 – Local Streets Rehabilitation Program – Phase 2 Zone 8 (Concrete Improvements).

Attachments:

Location Map

LOCATION MAP

LOCAL STREET REHABILITATION PROGRAM PHASE II
CITY PROJECT NO. 7928.1 - ZONE 8
N

KINGAND
LEFLOSSHOXIEADOREEAVE.HALCOURTAVE.AVE.AVE.PECOSLYNDORAST.AVE.AVE.LEFLOSSHALCOURTBELCHERLITTCHENMAZAANGELLRATLIFFEST.ST.ST.ST.ELDBO LYND FLATBUSHDOMARTNEWMIREAVE.AVE.BRANSCOMBPRISCILLABRANSCOMBST.ST.ST.ST.CHEDDARANGELLBORSONCHEDDARLYNDORAST.LYNDORAST.ST.ST.CREWENEWMIRECURTISNORDESTADR.

PIUMARD.ST.ST.ST.LEEDSMEADOWEVERESTSPRYSOLOSOLOAVE.RDDOWNEY-NORWALKAVE.OHMAVE.NEWMIREAVE.AVE.FOIX BENFIELDAVE.BENFIELDHALCOURTAVE.AVE.LIEBACHERAVE.LIEBACHERKENNEYST.LEFLOSSDUMONTST.PLUTON RD.CT.DEL RIO
POPULARPL.(PVT.)
(PVT.)

STUDEBAKER RD

IMPERIAL H

FIRESTONE

LOCATION MAP

LOCAL STREET REHABILITATION PROGRAM PHASE II
CITY PROJECT NO. 7928.2 - ZONE 8
7928.1
City Council Agenda Report
November 7, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Christine Roberto, Public Services Manager
Sandra Duran, Senior Management Analyst
SUBJECT: AWARD OF CONTRACTS TO PROVIDE ON-CALL COMMUNITY

DEVELOPMENT CONSULTANT AND ADDITIONAL SERVICES
Background:

On December 1, 2020, City Council approved agreements with seven firms to provide on-call planning and/or building and safety services for a three-year term. The on-call consultants Building and Planning list streamlined the procurement of professional services needed for development projects and staff augmentation. The consultants supported the City with staff augmentation and services for the increase in development activity and projects, largely related to accessory dwelling units, commercial tenant improvements, and residential remodels, including additions. Additionally, the consultants helped update the City’s Housing Element, assisted with California Environmental Quality Act compliance and process entitlements for development projects. During the last three years, the on-call services helped enable the City to maintain service levels during staff changes by providing expedited entitlement processing for development projects and helped maintain service levels during temporary increases in activity.

The Building and Safety Division (Building) is responsible for the implementation and enforcement of City and State codes relating to the construction, remodeling, alteration, repair and demolition of buildings and structures located within the City to ensure that buildings and structures are built to minimum standards to safeguard life or limb, health, property and public welfare. Building is currently experiencing a staff shortage due to unforeseen circumstances and an increase in the volume of building permit applications. On-call building services are needed for building & safety inspection, building plan review, building permitting and Building Official services to meet the needs of current activity in the City.

The Planning Division (Planning) provides a high level of customer service by informing, educating, and assisting members of the community, the City Council, and the Planning

City Council November 7, 2023
On-Call Community Development Consultant and
Additional Services
Page No. 2
6 5
7 Commission on land use and development standards, as well as, preparation of long-range planning documents. Contract resources are needed to support Planning with current planning operations, priority projects, long-range planning projects, water efficient landscaping plan check services, technical review of wireless facilities, preparation and/or review of environmental review documents and historical consulting. Contract services will provide the expertise and knowledge necessary to offer a wide variety of services and help meet the needs of the community.

The Housing & Neighborhood Development Division administers the Housing Choice Voucher Program (Section 8), Community Development Block Grant (CDBG) and HOME Investment Partnerships funding that the City receives from the United States Department of Housing and Urban Development (HUD). In addition, the division also administers the City's bond funds and monitors Housing Successor agency covenants. The division funds a wide array of programs and services, including rental assistance, home improvement grants and loans, street and sidewalk repairs, graffiti removal, affordable housing, domestic violence, youth counseling, and other social services. Task orders will be assigned on an as-needed basis.

The City issued a request for proposals to provide on-call community development consultant services (“on-call services”) on August 3, 2023. The proposal due date was September 7, 2023 and twenty-seven (27) firms submitted proposals. Following is a list of the qualified bidders:

Qualified Bidders

1. 4LEAF, Inc. 2. Bowman Infrastructure Engineers Ltd.

3. Bureau Veritas North America, Inc. 4. Chambers Group

5. Civic Solutions 6. CSG Consultants, Inc.

7. De Novo Planning Group 8. EcoTierra Consulting Group

9. FirstCarbon Solutions 10. JWA Urban Consultants, Inc.

11. Linscott, Law, and Greenspan,
Engineers

12. LRM Associates, Inc.

13. LSA Associates, Inc. 14. Michael Baker International

15. MIG, Inc. 16. PlaceWorks

17. Psomas 18. Rincon Consultants, Inc.

19. RKA Consulting 20. RS Construction Services, Inc.

21. Sagecrest Planning+Environmental 22. Scott Fazekas and Associates, Inc.

23. The Arroyo Group 24. The Code Group, Inc.

City Council November 7, 2023
On-Call Community Development Consultant and
Additional Services
Page No. 3
6 5
7 25. Transtech Engineers 26. TRB and Associates

27. Willdan Engineering
City staff reviewed the proposals based on understanding of the project requirements, proposed scope of work, experience of firm and personnel, past performance and costs. During the review process, other City departments expressed the need to utilize on-call services; The Public Services Department will use the on-call services for multiple projects including, but not limited to modifying existing park parking lots, renovating City facilities, upgrading park walls and as- needed to complete City projects. The following twenty-seven (27) firms are needed based on their expertise, prior experience, availability of resources, special projects and staff augmentation to provide on-call community development consultant and additional services to multiple departments.

Firm Services

1. 4Leaf, Inc. Building and Planning Services

2. Bowman Infrastructure Engineers
Ltd.

Building and Planning Services

3. Bureau Veritas North America, Inc. Building Services

4. Chambers Group Planning Services

5. Civic Solutions Planning Services

6. CSG Consultants, Inc. Planning, Building and Engineering Services

7. De Novo Planning Group Planning Services

8. EcoTierra Consulting Group Planning Services

9. FirstCarbon Solutions Planning Services

10. JWA Urban Consultants, Inc. Planning, Housing and CDBG, HOME Services

11. Linscott, Law, and Greenspan,
Engineers
Planning and Engineering Services

12. LRM Associates, Inc. Planning - Landscape Plan Review and Inspection Services

13. LSA Associates, Inc. Planning Services
City Council November 7, 2023
On-Call Community Development Consultant and
Additional Services
Page No. 4
6 5
7 14. Michael Baker International Planning and Housing Services

15. MIG Inc. Planning Services

16. PlaceWorks Planning and Engineering Services

17. Psomas Planning and Engineering Services

18. Rincon Consultants, Inc. Planning Services

19. RKA Consulting Group Building Services

20. RS Construction Services, Inc. Building Services

21. Sagecrest
Planning+Environmental
Planning Services

22. Scott Fazekas and Associates, Inc. Building Services

23. The Arroyo Group Planning Services

24. The Code Group, Inc. Planning, Building and Engineering Services

25. Transtech Engineers Planning, Building and Engineering Services

26. TRB and Associates Building Services

27. Willdan Engineering Planning, Building and Engineering Services
The firms (Consultants) demonstrated the ability to augment City staff, provide needed expertize that will be utilized, as needed, to fulfill specific needs within the City. The Consultants will also be utilized to assist staff with development projects. Consultants shall provide consulting services on an “on-call” basis for various task orders to be determined during the minimum three- year contract term. There is no minimum or maximum number of task orders to be issued to each Consultant. The City will issue a purchase order for each individual task order based upon agreed-to task order proposals submitted by Consultant. City staff will review individual task order proposals, which will include the scope of services, assigned personnel, work schedule, and fee.

City Council November 7, 2023
On-Call Community Development Consultant and
Additional Services
Page No. 5
6 5
7 Fiscal Impact:

There is funding available in the current Fiscal Year 2023/24 Budget (Budget) for contract services, in addition to the Local Early Action Planning Grant Funds awarded to the City by the California Department of Housing and Community Development, and/or direct cost payment by applicants through a deposit for consultant service to the City. Additionally, personnel cost savings from vacant positions funded in the current Budget is available. Budget for these services is also included in the park renovation and building renovation funds.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goals: 1 - Provide high quality customer service to the community; 2 - Work in partnership with our community to achieve safe and livable neighborhoods; and 3 – Create and sustain a resilient and economically prosperous City.

Recommended Action:

Staff recommends City Council approve agreements with the 27 selected firms listed above to provide on-call Community Development Consultant Services and additional services for a term of three years from the date of execution, in an amount not-to-exceed $150,000 depending on the services needed by each department annually for each firm; and authorize the City Manager to execute agreements 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.

Attachments:

N/A
City Council Agenda Report
November 7, 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, Senior Civil Engineer
SUBJECT: RESOLUTION NO. 23-67 – BUDGET AMENDMENT AND PROFESSIONAL

SERVICES AGREEMENT AMENDMENT FOR BUCKNAM AND ASSOCIATES INC. FOR UTILITIES PROGRAM MANAGEMENT AND UTILITIES

ENGINEERING SUPPORT SERVICES
Background:

The City has contracted for professional services with Bucknam and Associates Inc. (Bucknam) for many years to assist with various water and sewer (utilities) related programs and projects.

Bucknam has assisted staff with the development of improvement plans to upgrade the City’s utilities infrastructure, consultation support and applications for federal and state grant opportunities to fund various utility projects; utility programs management and technical engineering support for the improvements to the City’s utilities systems. The City currently has several active and ongoing utility capital improvement projects, funding applications, and pending agreements with other water purveyors utilizing Bucknam’s involvement.

In October of 2021, the City’s Well No. 10 began to exceed the maximum levels Title 22 of the California Code of Regulations (State drinking water standards) allows for Benzene. Benzene has been on the State’s Primary Volatile Organic Carbons (VOC) contaminant list for groundwater since 1989 and is both natural and man-made. Examples of man-made Benzene use is as a constituent in motor fuels and in the manufacture of detergents, pharmaceuticals, and dyes. In order to meet State drinking water standards, the City will need to treat groundwater from Well No. 10 to remove Benzene by implementing a treatment system.

In May of 2023, City Council approved an agreement with Civiltec Engineering, Inc. (Civiltec) to provide on-call professional engineering services for the Well No. 10 treatment system. The scope of work for Civiltec includes design, environmental compliance, bidding process support, construction engineering support, project startup and commissioning, and project close out

City Council
Resolution No. 23-67 – Budget Amendment
Professional Services Agreement Amendment
November 7, 2023
Page No. 2
6 5
9 procedures. The term of Civiltec’s agreement was two years, plus the option to extend for two additional one year terms to allow enough time to complete the project.

Treatment implementation for City Well No. 10 will be partially funded by the Water Replenishment District (WRD). The funding agreement with WRD requires the preparation of a condition assessment of existing facilities. In addition to the funding agreement requirements, the project will need specialty design, construction oversight, and quality control and assurance.

Bucknam has the necessary expertise, is responsive to meet deadlines, and provides a thorough and quality work product. The term of Buckam’s agreement will be extended to align with Civiltec’s current agreement and Well No. 10 project closeout.

Fiscal Impact:

Per approved Fiscal Year (FY) 2023/24 budget, and additional funding for this contract agreement amendment will be programmed into FY 2024/25 and FY 2025/26 budgets.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council:
a. adopt Resolution No. 23-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24

ADOPTED BUDGET TO APPROPRIATE AVAILABLE ENTERPRISE FUNDS FOR

PROFESSIONAL SERVICES FOR UTILITIES PROGRAM MANAGEMENT AND UTILITIES ENGINEERING SUPPORT SERVICES, in the amount of $144,325; and b. approve an amendment to the contract agreement with Bucknam and Associates Inc. to extend the agreement term to continue services through Fiscal Year 2025/26 with the option to extend the agreement one additional year, a contract value increase of $144,325, and authorize the City Manager to execute the amendment, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

Attachments:

Resolution No. 23-67
RESOLUTION NO. 23-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24

ADOPTED BUDGET TO APPROPRIATE AVAILABLE ENTERPRISE

FUNDS FOR PROFESSIONAL SERVICES FOR UTILITIES PROGRAM

MANAGEMENT AND UTILITIES ENGINEERING SUPPORT SERVICES
WHEREAS, the City currently has several utility system capital improvement projects engaged, management and operations and maintenance of City assets, and the development of improvement plans to upgrade the City’s utilities infrastructure; and WHEREAS, the City desires to utilize the services of a consultant to provide additional Utilities Program Management and Utilities Engineering Support Services (Professional Services); and
WHEREAS, the Fiscal Year (FY) 2023/24 Budget is insufficient to cover costs for Professional Services; and
WHEREAS, the cost for Professional Services is estimated to be $144,325; and WHEREAS, City Council desires to amend the FY 2023/24 Budget to allocate $144,325 of available Water Enterprise Funds for Professional Services.

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 Increase Decrease
Expenditures:702-30-3602-2080 $144,325
Fund Balance:702-0480 $144,325
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 his duly appointed deputy, is directed to attest thereto.

APPROVED AND ADOPTED on this 7th day of November 2023.

ANA VALENCIA
ATTEST: MAYOR

THERESA DEVOY, CMC

CITY CLERK
City Council Agenda Report
November 7, 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, Senior Civil Engineer
SUBJECT: RESOLUTION NO. 23-65 -– APPOINTING A MEMBER AND ALTERNATE TO

THE GOVERNING BOARD AND AGREEMENT WITH THE LOS ANGELES

GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT

POWERS AUTHORITY FOR COST SHARING FOR THE INSTALLATION OF

MONITORING EQUIPMENT AND MONITORING PURSUANT TO THE HARBOR

TOXIC POLLUTANTS TOTAL MAXIMUM DAILY LOADS
Background:

In 2011, a group of cities/agencies, also known as watershed “Permittees,” including the City of Norwalk created a Technical Committee to prepare an Implementation Plan, Monitoring Plan, and special studies for the Coyote Creek and San Gabriel River Reach 1 cities, as required by the Regional Water Quality Control Board (Regional Board). The watershed group entered into a Memorandum of Understanding (MOU) with the Gateway Water Management Authority (GWMA). The GWMA has been the acting administrator for the group, per the MOU, as of June 2012. Funds were collected and expended for the Total Maximum Daily Load (TMDL) work.

In May 2013, the TMDL Committee plus additional representatives of cities/agencies in the San Jose Creek Reach 2 and Reach 3 of the San Gabriel River changed the name of the TMDL Committee. The new Lower San Gabriel River Watershed (LSGR) Committee name was to reflect the expanded duties and members. The newly formed LSGR Committee began to work together to meet the requirements under the Regional Board, Los Angeles Region, National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit Order No. R4-2012-0175 (MS4 Permit).

GMWA Board Representation
Per the MOU, each city/agency is represented by one primary Board Member and up to three alternates on the GWMA Board. In accordance with to GWMA’s Bylaws adopted on October 12, 2015, all non-Legislative Body appointments to the GWMA Board must be done by

City Council November 7, 2023
Resolution No. 23-65 - Board Appointments
Gateway Cost Sharing Agreement Harbor Toxics
Page No. 2
6 6
0 Resolution. GWMA Board Members and alternate Board Members serve two-year terms beginning October 1st of each odd-numbered year and concluding on September 30th two years later. Resolution No. 23-65 would designate a Board Member and alternate Board Member(s) to serve continuously across successive two-year terms such that the governing body need not re-appoint the same persons to the GWMA Board every two years, unless the governing body desires to change its designated Board Member and/or alternate Board Member or must otherwise fill a vacancy. The City has vacancies for Board Member and Alternate Members.

Agreement with GWMA for Harbor Toxic Pollutants TMDLs
The United States Environmental Protection Agency (USEPA) via the Clean Water Act assists states, territories, and authorized tribes in listing impaired waters and developing TMDLs for these waterbodies. A TMDL establishes the maximum amount of a pollutant allowed in a waterbody and serves as the starting point or planning tool for restoring water quality.

The USEPA established the TMDL for Toxic Pollutants on March 23, 2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters (Harbor Toxic Pollutants TMDL). The Harbor Toxic Pollutants TMDL regulates certain discharges from NPDES MS4 permit holders (MS4 Permitees) requiring organization and cooperation among the group.

The MS4 Permitees are the cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Water Replenishment District, Central Basin Municipal Water District, Port of Long Beach, and the Long Beach Water Department.

MS4 Permittees desired to achieve the objectives of the Harbor Toxic Pollutants TMDL. In 2018, they executed an additional agreement, separate from the MOU, with the GWMA to install a monitoring station in the Los Angeles River at Wardlow Road, monitoring station in the San Gabriel River near Spring Street, and monitoring station in the Coyote Creek, also near Spring Street. These monitoring stations will ensure consistency with other regional monitoring programs and usability with other TMDL related studies. The 2018 agreement also covered maintenance of the monitoring stations and administrative coordination for the various MS4 Permittees by GWMA. The 2018 original agreement with GWMA expired in June of 2023.

Fiscal Impact:

The City, an MS4 Permittee, will pay no more than the following amounts for each of the three fiscal years listed below:

Fiscal Year 2023-2024: $4,212.45
Fiscal Year 2024-2025: $4,230.68
Fiscal Year 2025-2026: $4,329.98
City Council November 7, 2023
Resolution No. 23-65 - Board Appointments
Gateway Cost Sharing Agreement Harbor Toxics
Page No. 3
6 6
0 Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council:

a. adopt Resolution No. 23-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NORWALK APPOINTING A MEMBER AND ALTERNATE TO THE LOS ANGELES

GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY GOVERNING BOARD; and
b. approve an amendment to the agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, for three additional years up to June 30, 2026, for an amount not-to-exceed $12,773.11, and authorize the City Manager to execute the agreement, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

Attachments:

Resolution No. 23-65
RESOLUTION NO. 23-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK

APPOINTING A MEMBER AND ALTERNATE TO THE LOS ANGELES

GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT

JOINT POWERS AUTHORITY GOVERNING BOARD
WHEREAS, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds; Proposition 50, passed in 2002 and Proposition 84, passed in 2006; and
WHEREAS, the City is a member of the GWMA; and
WHEREAS, each member agency shall appoint one Member and up to three Alternate Members to the Governing Board in accordance with the GWMA Bylaws; and WHEREAS, pursuant to the GWMA Joint Powers Agreement and the GWMA Bylaws, the Member and Alternate Member shall serve continuously across successive two-year terms such that the governing body need not re-appoint the same persons to the GWMA Board every two years, unless the governing body desires to change its designated Board Member and/or alternate Board Member or must otherwise fill a vacancy.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:

Section 1.Effective November 7, 2023, Glen W.C. Kau, Director of Public Services/City Engineer, is appointed to serve as the GWMA Board Member.

Section 2.Effective November 7, 2023, Jacqueline Koontz, Senior Civil Engineer, is appointed to serve as alternate GWMA Board Member.

Section 3.The Board Member and alternate Board Member designated above shall continue in their respective positions as if re-appointed for each successive two-year term, unless the Board Member or alternate Board Member are replaced by subsequent action of this legislative body or he or she ceases to be employed by the agency.

Section 4.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 7th day of November 2023.

ANA VALENCIA
MAYOR
Resolution No. 23-65 Page 2 of 2
2 9
3 2
ATTEST:

THERESA DEVOY, CMC

CITY CLERK
City Council Agenda Report
November 7, 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
Jacqueline Koontz, P.E., Senior Civil Engineer
Julio Gonzalez, Associate Engineer
SUBJECT: PROJECT NO. 7442 – RESOLUTION NO. 23-63 BUDGET AMENDMENT –

CHANGE ORDER AND AGREEMENT AMENDMENT FOR STEPHEN DORECK EQUIPMENT RENTALS, INC. FOR WATER MAIN REPLACEMENT ON
PIONEER BOULEVARD FROM 160TH TO 166TH STREET
Background:

On June 7, 2023, City Council approved a Public Works Construction Contract agreement with Stephen Doreck Equipment Rentals, Inc. (Contractor) for City Project No. 7442, Water Main Replacement on Pioneer Boulevard from 160th to 166th Street. The following is a breakdown of the project’s original estimated total costs:

Construction Cost $ 2,747,515 Contingency (15%) $ 412,127 Management, Inspection, and Testing $ 287,284
City Staff Time (4%) $ 109,901 Total Estimated Cost: $ 3,556,827

Project No. 7442 is essentially complete. All new water main pipes, fire hydrants, automated read water meters (AMR), and appurtenances are installed and operating. All locations impacted for concrete restoration are completed. The remaining construction items to complete are the roadway pavement, valve cover and manhole grade adjustments, and pavement markings.

To date, Project No. 7442 incurred delays and increased costs due to weather, sampling stations, conflicts with unknown underground utilities, and additional water service connections

City Council
Agreement and Budget Amendment Resolution No. 23-63
Stephen Doreck Equipment Rentals – Project No. 7442
November 7, 2023
Page No. 2
6 6
9 and excavation. In addition, project cost savings were generated from two water valves that were not installed; substitution of trench restoration materials; and a reduction in the number of pipe connections. The following is a breakdown of current construction contractor costs.

Original Bid $ 2,747,515 Change Orders $ 202,918 Current Construction Costs: $ 2,950,433 City Streets Improvements
Typically, water main projects only involve the replacement of the affected pavement section above the new water main trench. Water main projects do not replace pavement beyond the affected section unless under special circumstances and where appropriate funding sources are used. Total costs for Project No. 7442 include pavement restoration work previously part of and funded by Project No. 7926.

Construction for Project No. 7926 was scheduled to start before Project No. 7442. Since water main construction would disturb the newly paved streets, resurfacing of those streets was moved to Project No. 7442 for logistical reasons (Attachment 2).

Grind and overlay was the original roadway resurface method for the above streets. Resurfacing of these streets includes only the pavement surface section. However, it was discovered during water main construction that the roadway structural section was in poor condition on 162nd, 163rd and 164 th Streets. The structural sections for these streets requires replacement before paving. Had these streets remained in Project No. 7926, the substandard structural sections would require replacement. (Attachment 2)
Proper rehabilitation requires removal and replacement of the structural sections to insure proper pavement performance and service life. Fortunately, only these three streets require full depth reclamation to restore the roadway pavement. Total estimated additional costs for 162 nd, 163rd and 164 th Streets is $350,000. Proposition C funding would be appropriated for the streets resurfacing work to be added to Project No. 7442.

The intersection of 166 th Street and Pioneer Boulevard is also within the Project No. 7442 limits. Part of the project improvements installed a new fire hydrant through the intersection to provide enhanced fire protection for this area. The intersection pavement requires resurfacing and requires the crosswalks to be brought up to the current “continental crosswalk” standard. Doing this work now offers benefit of both improved logistics and reduced costs under a current contract with the same work type when compared to if the work were done under a separate contract. In addition, the southerly half of intersection is within the City of Artesia’s jurisdiction. Staff discussed the additive work with the City of Artesia and they agreed with both the benefits and logistics, and are very interested in participating with the intersection improvements. The estimated cost for this work is $111,500. Proposition C funds would be appropriated again for this intersection resurface work to be added to Project No. 7442.

City Council
Agreement and Budget Amendment Resolution No. 23-63
Stephen Doreck Equipment Rentals – Project No. 7442
November 7, 2023
Page No. 3
6 6
9 Project No. 7442 Accounting to Date
Original Contract Value $2,747,515
Contingency (15%) $ 412,127
Add’l Funding (Requested) $1,001,500
Change Orders to Date $202,918 $2,950,433 $1,210,709
162nd, 163rd, 164th Streets $350,000 $3,300,433 $ 860,709 166th & Pioneer Intersection $111,500 $3,411,933 $ 749,209 Cap Pavement Other Streets $540,000 $3,951,933 $ 209,209 Fiscal Impact:

Total costs for all street improvement related work added to Project No. 7442, including pavement restoration work for 162nd, 163rd and 164th Streets, 166th Street and Pioneer Boulevard intersection pavement and the cap pavement other streets work is $1,001,500.

Adequate funds are available for Project No. 7442 from the Water Enterprise account per the approved Fiscal Year 2023/24 CIP Budget. Current Project No. 7442 status has expenditures below approved budget value. No General Fund monies will be used.

The City has available Proposition C funds for the additional roadway restoration work for this project. Staff is proposing that additional funds in the amount of $1,001,500 from Proposition C funds be appropriated for the additional pavement work for this project. Full project accounting will be provided at project close out.

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.

City Council
Agreement and Budget Amendment Resolution No. 23-63
Stephen Doreck Equipment Rentals – Project No. 7442
November 7, 2023
Page No. 4
6 6
9 Recommended Action:

Staff recommends City Council:
a. adopt Resolution No. 23-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24

ADOPTED BUDGET TO APPROPRIATE AVAILABLE PROPOSITION C FUNDING TO PROJECT NO. 7442 - WATER MAIN REPLACEMENT ON PIONEER BOULEVARD FROM 160th TO 166th STREETS, in the amount of $1,001,500; and b. authorize the City Manager to approve a change order and execute an amendment to the agreement, in the not-to-exceed amount of $1,001,500 for Project No. 7442 with Stephen Doreck Equipment Rentals, Inc., provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

Attachments:

1. Resolution No. 23-63

2. Location Map
ATTACHMENT 1
RESOLUTION NO. 23-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24

ADOPTED BUDGET TO APPROPRIATE AVAILABLE PROPOSITION C
FUNDING TO PROJECT NO. 7442 – WATER MAIN REPLACEMENT ON PIONEER BOULEVARD FROM 160th TO 166th STREETS
WHEREAS, Project No. 7926 Local Streets Rehabilitation Program Paving Improvements – Phase 1 Zone 32 (Project No. 7926) was to commence construction ahead of City Project No. 7442 Water Main Replacement on Pioneer Boulevard from 160th To 166th Street (Project No. 7442); and
WHEREAS, water main replacement construction under Project No. 7442 will disturb and reduce the service life of new street improvement and pavement work under Project No. 7926; and
WHEREAS, the scope of work to rehabilitate and resurface the streets in conflict was removed from Project No. 7926 and added to Project No. 7442 in anticipation of water main installation; and
WHEREAS, Project No. 7442 utilizes Water Enterprise Funding, and Proposition C (Prop C) proceeds are identified as an available funding source for related and eligible street work; and
WHEREAS, identified Prop C funding is available for eligible street improvement work, be appropriated and utilized only for the additional related street improvement work added to Project No. 7442; and
WHEREAS, the total cost for additional street improvement work unrelated to water main construction added to Project No. 7442, is estimated to be $1,001,500; and WHEREAS, City Council desires to amend the Fiscal Year 2023/24 Budget to allocate $1,001,500 of available Prop C funds to cover costs for additional street improvement work shifted to Project No. 7442.

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 Increase Decrease
Expenditures: 227-70-7442-2080 $1,001,500
Fund Balance: 227-0480 $1,001,500
Resolution No. 23-63 Page 2 of 2
2 9
5 6
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 7th day of November 2023.

ANA VALENCIA
MAYOR
ATTEST:

THERESA DEVOY, CMC

CITY CLERK
ATTACHMENT 2
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5 7

City Council Agenda Report
November 7, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, 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), Community Promotion (1), Historical Heritage (3), Parks & Recreation (2), Public Safety (1), 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 November 7, 2023
Advisory Bodies Page No. 2
6 5
0 Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council 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 11/07/2023
C:\inetpub\wwwroot\multitenant\temp\11-07-2023.pdf Page 1 “Vacancies “at-a-glance”

AYALA PEREZ RAMIREZ RIOS VALENCIA
Historical Heritage
Youth (3)
Community Promotion
Historical Heritage
Youth (3)
Art in Public Places
Historical Heritage
Public Safety
Youth (3)
Parks & Recreation
Youth (3)
Art in Public Places
Parks & Recreation
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
Vacant Community Promotion Commission Perez -12/31/24
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 Vacant Historical Heritage Commission Ayala -12/31/24
Vacant Historical Heritage Commission Perez -12/31/24
Vacant Historical Heritage Commission Ramirez -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 Scantlebury, Margaret Historical Heritage Commission Rios 8/1/23-12/31/24 Vacant Parks & Recreation Commission Rios -12/31/24
Vacant Parks & Recreation Commission Valencia -12/24/24 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 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 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 Heard, Louis Public Safety Commission Perez 10/3/23-12/31/24 COMMISSIONER TERMS As of 11/07/2023
C:\inetpub\wwwroot\multitenant\temp\11-07-2023.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 9/19/23-12/31/24 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
November 7, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Jill Ann Arabe, AICP, Development Services Manager
Andrew R. Arellano, Assistant Planner
SUBJECT: ORDINANCE NO. 23-1744 – ZONING TEXT AMENDMENT NO. 2023-01 TO AMEND VARIOUS SECTIONS OF TITLE 17 OF THE NORWALK MUNICIPAL

CODE AS IT RELATES TO THE AUTOMOBILE PARKING ZONE AND
ORDINANCE NO. 23-1745 - ZONE CHANGE NO. 2023-01 TO REMOVE

ZONING DESIGNATION AUTOMOBILE PARKING ZONE FROM THE ZONING MAP
Background:

The Automobile Parking (P) zone was adopted by Ordinance No. 114 in 1959 with the intent to serve as setbacks/buffers for incompatible uses. There are 275 parcels that contain a P zoning either exclusively or within the parcel. The P zoning primarily prohibits construction of a building; however, 43 existing sites contain structures.

On October 11, 2023, the Planning Commission conducted a duly noticed public hearing on the aforementioned project and with a 5-0 vote, recommended approval to City Council for Zoning Text Amendment (ZTA) No. 2023-01 and Zone Change (ZC) No. 2023-01.

Discussion
The request consists of ZTA No. 2023-01 to amend various sections of Title 17 of the Norwalk Municipal Code (NMC) as it relates to the P zone and ZC No. 2023-01 to remove the P zone from the zoning map.

The proposed update will simplify the list of permitted land uses and zones, minimize conflicts between zoning code requirements, and serve as a proactive approach of enhancing economic development.

City Council November 7, 2023
Ordinance No. 23-1744 - ZTA No. 2023-01 and
Ordinance No. 23-1745 - ZC No. 2023-01
Page No. 2
6 4
7 Pursuant to the California Environmental Quality Act (CEQA), this project is exempt pursuant to CEQA Guidelines 15061(b)(3). The project will not involve any construction nor have a significant effect on the environment.

Fiscal Impact:

N/A
Citizens Advised:

The public hearing notice was posted at the City’s three designated posting places, posted online, and mailed to 3,444 property owners and tenants within a 300-foot radius of the project sites on October 26, 2023. On October 27, 2023, the notice was also published in The Norwalk Patriot. Social media accounts also promoted notification of the project for the hearing. As of the writing of this report, staff has received no public comments.

Strategic Plan 2023 Implementation:

The recommended actions will further the City’s Strategic Plan Goals 2 and 3 to work in partnership with our community to achieve safe and livable neighborhoods and to create and sustain a resilient and economically prosperous city.

Recommended Action:

Staff recommends City Council:
a. introduce by title only Ordinance No. 23-1744, AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING) OF THE NORWALK MUNICIPAL CODE

RELATED TO THE REMOVAL OF THE AUTOMOBILE PARKING ZONE
THROUGHOUT THE CITY, and schedule for adoption; and
b. introduce by title only Ordinance No. 23-1745, AN ORDINANCE OF THE CITY OF

NORWALK SETTING FORTH ITS FINDINGS OF FACTS AND DECISION APPROVING ZONE CHANGE NO. 2023-01, and schedule for adoption.

Attachments:

1. Ordinance No. 23-1744 (Zoning Text Amendment No. 2023-01)

2. Ordinance No. 23-1745 (Zone Change No. 2023-01)

3. Planning Commission Staff Report dated October 11, 2023 (without attachments)

4. Zoning Text Amendment No. 2023-01 – Redline Version
ATTACHMENT 1
ORDINANCE NO. 23-1744
AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17
(ZONING) OF THE NORWALK MUNICIPAL CODE RELATED TO THE

REMOVAL OF THE AUTOMOBILE PARKING ZONE THROUGHOUT

THE CITY
WHEREAS, the City of Norwalk (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City adopts this Ordinance pursuant to the City’s general and police powers and property rights set forth under Government Code Sections 65850(a); and
WHEREAS, the City desires to amend Title 17 (Zoning) of the Norwalk Municipal Code (NMC) to effectively remove the Automobile Parking Zone (P Zone) designation throughout the City to promote standardized land use regulations in light of recent state- mandated laws eliminating parking buffer zones and parking requirements for certain developments; and
WHEREAS, the original purpose of the P Zone was to provide setbacks/buffers for non-compatible uses –unrelated to designated street parking areas in the City’s Public Right of Way, streets and highways; and whereby removal of the “P”-Zone designation is intended to support the economic growth of existing and proposed businesses, facilitate development and streamline the development process, and to simplify the list of permitted uses and zones; and
WHEREAS, the proposed removal of the P Zone designation throughout the City will minimize adverse effects on nearby property, promote standardized development, protect the public health, safety, and welfare of its residents; and WHEREAS, on October 11, 2023, the Planning Commission conducted a duly noticed public hearing to consider Zoning Text Amendment No. 2023-01, and where after careful review of the evidence in the matter, it adopted Resolution No. 23-28 recommending the City Council approve the proposed Zoning Text Amendment; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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.

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Section 2. Purpose. The purpose and intent of this Ordinance is as follows:

1. To minimize the adverse effect on nearby property by establishing a clear code standard allowing for development in a responsible manner;

2. To promote standardized development requirements ushered in by state mandates which no longer require certain parking requirements for development projects, including, but not limited to those projects which increase housing availability;

3. To preserve and enhance the aesthetic appearance and natural beauty of the City;

4. To serve the public interest in safety, both pedestrian and traffic;

5. To safeguard and protect the public health, safety, and welfare through standardized zoning areas throughout the City;

6. To advance the goals, policies, and programs of the General Plan; and

7. To serve as a proactive approach towards economic development and expansion.

Section 3. Finding. 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. Finding. The proposed Zoning Text Amendment 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 Land Use Map and Zoning Map.

Section 5.Approvals. The City Council of the City of Norwalk hereby approves Zoning Text Amendment No. 2023-01 effectively removing the P Zone by amending Title 17 of the Norwalk Municipal Code as follows:

Section 6.The Designation for Chapter 17.08, Article I found in the table in Chapter 17.01, Section 17.01.070 Names of Zones – Zoning Symbols of the Norwalk Municipal Code is hereby amended to “Reserved” and the symbol is removed.

Section 7.The title of Section 17.03.150 is hereby amended to read “Reserved”.

Section 8.Section 17.03.150 is hereby deleted in its entirety and reserved for future use.

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Section 9.Subsection (C) of Section 17.04.015 is hereby added to read as follows:
“C. All commercial or industrial zoning abutting any residential zones such as R-1, R-2, R-3, R-H, and R-4 must provide a five (5) foot setback from the property line while maintaining a height limit of thirty-five (35) feet.

For purposes of this section if any structure is to exceed thirty-five (35) feet in height while abutting a residential property it is subject to review and approval of a Conditional Use Permit to adjust setbacks to appropriately match the newly permitted height.”
Section 10.Chapter 17.08, Article I. is deleted in its entirety and designated as reserved for future use.

Section 11.Environmental. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to “common sense” exception set forth in Section 15061(b)(3) of the California Code of Regulations where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 12. 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 13. Certification. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law.

PASSED, APPROVED, AND ADOPTED this _____ day of ________ 2023. ______________________________

ANA VALENCIA
MAYOR
ATTEST:
______________________________

THERESA DEVOY, CMC

CITY CLERK
ATTACHMENT 2
ORDINANCE NO. 23-1745

AN ORDINANCE OF THE CITY OF NORWALK SETTING FORTH ITS

FINDINGS OF FACTS AND DECISION APPROVING ZONE CHANGE
NO. 2023-01
WHEREAS, the City of Norwalk (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City desires to amend Title 17 (Zoning) of the Norwalk Municipal Code (NMC) to effectively remove the Automobile Parking Zone (P-Zone) designation throughout the City to promote standardized land use regulations in light of recent state- mandated laws eliminating parking buffer zones and parking requirements for certain developments (Zone Change No. 2023-01) presented to the Planning Commission in conjunction with this Zone Change request; and
WHEREAS, the original purpose of the P-Zone was to provide setbacks/buffers for non-compatible uses –unrelated to designated street parking areas in the City’s Public Right of Way, streets and highways; and whereby removal of the “P”-Zone designation is intended to support the economic growth of existing and proposed businesses, facilitate development and streamline the development process; and WHEREAS, Section 17.02.290.B.2 of the NMC allows Zone Changes to be initiated by application to the Planning Commission of the City of Norwalk (“Planning Commission”); and
WHEREAS, Section 17.02.290.C of the 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 that the Planning Commission provide the City Council of the City of Norwalk (“City Council”) with a written recommendation including the findings constituting the basis for the recommendation; and
WHEREAS, on October 11, 2023, the Planning Commission approved Resolution No. 23-29 recommending the City Council approve Zone Change No. 2023-01 amending the Zoning Map of the City of Norwalk; and
WHEREAS, with removal of the Automobile Parking Zone, it is necessary to approve re-designation for those zones formerly designated as “P-Zones”; and WHEREAS, to promote consistency between the Zoning and General Plan, those zones formerly designated as Automobile Parking Zone shall be re-designated as Single Family Residential (R-1), Multi-Family Medium Density Residential (R-2), Multi-Family High Density (R-3), Residential Restricted Commercial (C-1), General Commercial (C-3), Commercial and Office (C and O), Light Manufacturing (M-1), Heavy Manufacturing (M- Ordinance No. 23-1745 Page 2 of 53
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2), Open Space (OS), and Specific Plan Area (SPA), as indicated in Exhibits “A” and “B”, which are collectively incorporated herein by this reference; and WHEREAS, State planning law requires consistency between Zoning and the General Plan; therefore Zone Change applications must be processed to have consistent land use designations between the General Plan Land Use Map and the Zoning Map; and
WHEREAS, according to Section 17.02.290.I of the NMC, the City Council may approve, modify or disapprove the recommendation of the Planning Commission; and WHEREAS, Zone Change No. 2023-01 has been reviewed by the City Council on November 7, 2023 at which time oral and documentary evidence relative to the application was received; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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.

Section 2. Finding. The proposed Zone Change is consistent with the recommended General Plan Land Use designations of Low Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Professional Offices, General Commercial, Light Industrial, Heavy Industrial, Open Space, and Specific Plan Area.

Section 3. Finding. 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. Finding. 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 Land Use Map and Zoning Map.

Section 5.Approvals. The City Council of the City of Norwalk hereby approves Zone Change No. 2023-01 amending the Zoning Map as indicated in Exhibits “A” and “B”, which are collectively incorporated herein by this reference.

Section 6.Environmental. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to “common sense” exception set forth in Section 15061(b)(3) of the California Code of Ordinance No. 23-1745 Page 3 of 53
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Regulations where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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 is directed to certify to the enactment of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law.

PASSED, APPROVED, AND ADOPTED this ____ day of ________ 2023. ______________________________

ANA VALENCIA
MAYOR
ATTEST:
______________________________

THERESA DEVOY, CMC

CITY CLERK
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ORDINANCE NO. 23-1745
(Existing Zoning)

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EXHIBIT “B”
ORDINANCE NO. 23-XXXX
(Proposed Zoning)

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ATTACHMENT 3
Planning Commission
Agenda Report
October 11, 2023
TO: Planning Commission
FROM: John P. Ramirez, AICP, Director of Community Development BY: Andrew Arellano, Assistant Planner
SUBJECT: CONTINUED PUBLIC HEARING - Zoning Text Amendment No. 2023-01 / Zone Change No. 2023-01 To amend various sections of Title 17 of the Norwalk Municipal Code (NMC) as it relates to the Automobile Parking (“P”) zone. Environmental:

Consider and find the project exempt from CEQA pursuant to Section 15061(b)(3).

RECOMMENDATION
That the Planning Commission:

1. Adopt Resolution No. 23-28, to recommend approval to City Council for Zoning Text Amendment (ZTA) No. 2023-01;

2. Adopt Resolution No. 23-29, to recommend approval to City Council for Zone Change (ZC) No. 2023-01; and

3. Consider and find that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3).

AUTHORITY
6 1
6 Section 65855 of the California Government Code states that the Planning Commission shall make a written recommendation on the adoption or amendment of the Zoning Ordinance.

Section 17.02.260.D of the NMC stipulates that the Planning Commission render its recommendation on a Zoning Text Amendment, including the reasons for the recommendation, to the City Council.

Section 17.02.290.D requires a written recommendation of approval by the Planning Commission to City Council for Zone Change applications.

INTRODUCTION/BACKGROUND
The Automobile Parking (P) zone was adopted by Ordinance No. 114 in 1959 with the intent to serve as setbacks/buffers for incompatible uses. There are 275 parcels that contain a P zoning either exclusively or within the parcel. The P zoning primarily prohibits construction of a building; however, 43 existing sites contain structures.

PROJECT DESCRIPTION
The request consists of Zoning Text Amendment No. 2023-01 to amend various sections of Title 17 of the NMC as it relates to the P zone and Zone Change No. 2023-01 to remove the P zone from the zoning map.

The proposed update will simplify the list of permitted land uses and zones, minimize conflicts between zoning code requirements, and serve as a proactive approach of enhancing economic development.

ANALYSIS
A key objective of the proposed project is to expand development opportunities throughout the city. The project will allow property owners to build on respective parcels, while still conforming to requirements such as setbacks and building height. Additionally, it will remove redundant provisions that are outdated from current conditions and that conflict with goals to increase economic development. Recently approved projects, such as the Alondra-Maidstone mixed- use development and the Rosecrans-Norwalk commercial building are examples of vacant 6 1
6 sites that remained dormant for a long time and were difficult to redevelop due to the P zone.

Summarized below are proposed changes to the Zoning Code and Zoning Map.

Zoning Text Amendment
To simplify the code, staff proposes to delete the Automobile Parking (P) zoning and related provisions. The P zoning significantly hinders development, where other design features and code standards can apply and allow for development in a responsible manner. In consideration that the P zoning created a buffer between potential incompatible development, a minimum five feet setback and maximum 35 feet building height are imposed to provide protections to adjacent residential zones. New development proposed to reduce the minimum setback or exceed the maximum building height would be subject to review and approval of a conditional use permit.

Zone Change
Of the total 275 parcels that will be affected by the zone change, 52 parcels will completely revert to either residential (41) or commercial (11) zoning to match the underlying General Plan land use designation, and 223 parcels will remove the partial P zoning buffer, which is 15 to 50 feet wide, and revert to the corresponding zoning. The 223 split zoned parcels will be re- designated as follows: 34.08% (76 parcels) as residential, 40.77% (95 parcels) as industrial,

20.18% (45 parcels) as commercial, and the remaining 3.14% (7 parcels) as open space or specific plan. The ZC will encourage development by expanding developable area on the sites and providing the property owner more development opportunities. Consistency between the zoning map and General Plan land use map will occur as a result of this proposed project.

Public Notification
Notice of this public hearing was published in The Norwalk Patriot and posted at the City’s three designated posting sites and the City website on September 14, 2023. All 3,444 property owners within 300 feet of impacted parcels were also notified.

ENVIRONMENTAL ASSESSMENT
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6 The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). The project will not involve any construction nor have a significant effect on the environment.

SUMMARY
The proposed ZTA and ZC involve removing the Automobile Parking zone and related provisions from the Norwalk Municipal Code, and corresponding zone on the City Zoning Map.

With the amendments, development opportunities will expand consistent with the General Plan, conflicts between zoning code requirements will be minimized, and the list of permitted uses and zones will be simplified. Staff recommends that the Planning Commission recommend approval of the project to City Council.

ATTACHMENTS
A. Resolution No. 23-28 (Zoning Text Amendment No. 2023-01), including Exhibit “A” Draft Ordinance
B. Resolution No. 23-29 (Zone Change No. 2023-01), including Exhibit “A” Draft Ordinance C. Zoning Text Amendment No. 2023-01 – Legislative Draft ATTACHMENT 4
ORIDNANCE NO. 23-1744
(Redline Version)
Legend
Strikethrough = Deleted language
Underline = Added language
Title 17 ZONING
Chapter 17.01

ADMINISTRATION
Article II. Establishment of Zones, and Limiting the Uses of Land Therein

17.01.070 Names of zones—Zoning symbols.

Chapter
Zoning
Symbol Designation

17.08, Art. I P
Reserved
Automobile Parking Zone Reserved
Chapter 17.03

DEVELOPMENT REQUIREMENTS
Article III. Signs

17.03.150 Signs permitted in the P zone. Reserved
Article III. Signs

17.03.150 Signs permitted in the P zone. Reserved
Except as otherwise provided in this article, signs shall be permitted in the P zone which conform to the following:

A. Exempt Signs. As provided by Section 17.03.170.

B. Governed by Other Zone on Same Property. Such signs as are allowed by regulations governing the other zone on the same property; provided that such signs shall not result in a greater number of signs or total sign area than would be allowed in conjunction with the subject use should it be located wholly within the other zone. (Ord. 21-1722 § 2; prior code § 27-25.7)
Resolution No. 23-01 Page 2 of 3
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Chapter 17.04

USE REGULATIONS

17.04.015 Limitations on permitted uses.

C. All commercial or industrial zoning abutting any residential zones such as R-1, R- 2, R-3, R-H, and R-4 must provide a five (5) foot setback from the property line while maintaining a height limit of thirty-five (35) feet.

For purposes of this section if any structure is to exceed thirty-five (35) feet in height while abutting a residential property it is subject to review and approval of a Conditional Use Permit to adjust setbacks to appropriately match the newly permitted height.

Chapter 17.08

SPECIAL PURPOSE ZONES
Article I. P Zone, Automobile Parking Zones Reserved

• 17.08.010 Permitted uses.

• 17.08.020 Permitted uses—R-1-P, R-2-P and R-3-P zones.

Article I. P Zone, Automobile Parking Zones

17.08.010 Permitted uses.

In a P zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used for any purpose, except as is hereinafter provided and allowed by this article and Section 17.02.240, governing precise development plans.

In a P zone, the following uses are permitted:

A. Open air temporary parking of passenger automobiles, with or without monetary charge, and control structures appurtenant thereto; provided that no part of such area shall be used for car rental, sales or storage.

B. Landscaping as regulated by Chapter 17.03, Article I.

C. Parking as regulated by Chapter 17.03, Article II.

D. Signs as regulated by Chapter 17.03, Article III.

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E. Gasoline pump islands and canopies in conjunction with a service station, where such use is permitted within the abutting zone district subject to the issuance, existence and validity of a conditional use permit as provided for in Section 17.02.210, and in full compliance with each and every condition thereof. (Ord. 21-1722 § 2; Ord. 15-1665 § 17; prior code § 27-9.1)

17.08.020 Permitted uses—R-1-P, R-2-P and R-3-P zones.

When any P zone is modified by preceding the P zoning symbol with an R-1, R-2 or R-3 zoning symbol on any zoning map or by any ordinance, then the permitted uses in such modified P zone shall include, in addition to the uses permitted in a P zone, as specified in Section 17.08.010, the uses permitted in that zone, the symbol of which precedes the P zone symbol, subject to the conditions applicable to the same uses in the applicable R zone; provided, however, that the maintenance of such additional use shall not substantially interfere with the full and complete utilization of adjoining lots or parcels for P zone uses as specified in Section 17.08.010. (Ord. 21-1722 § 2; prior code § 27-

9.2)
City Council Agenda Report
November 7, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Jill Ann Arabe, AICP, Development Services Manager
Andrew R. Arellano, Assistant Planner
SUBJECT: ORDINANCE NO. 23-1746 – ZONING TEXT AMENDMENT NO. 2023-02 TO AMEND VARIOUS SECTIONS OF TITLE 17 OF THE NORWALK MUNICIPAL CODE TO STREAMLINE THE PRECISE DEVELOPMENT PLAN PROCESS.

Background:

The Precise Development Plan (PDP) requirement was adopted by Ordinance No. 757 in 1972 and intended to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties. A precise development plan involves a set of plans conforming to the zoning code that is subject to review and approval by the Planning Commission. It does not grant provisions to deny any use already permitted by the Norwalk Municipal Code (NMC) nor grant an unpermitted use in any zone. The application is prompted with new construction or the relocation of structures in any zone other than single-family residences and accessory buildings in residential zones.

On October 11, 2023, the Planning Commission conducted a duly noticed public hearing on the aforementioned project and with a 5-0 vote, recommended approval to City Council for Zoning Text Amendment (ZTA) No. 2023-02.

Discussion
The request consists of (ZTA) No. 2023-02 to amend various sections of Title 17 of the NMC to streamline the PDP process. It will serve as a proactive approach of enhancing economic development and encouraging a positive image of the City.

City Council November 7, 2023
Ordinance No.23-1746 - ZTA No. 2023-02 Page No. 2
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8 Pursuant to the California Environmental Quality Act (CEQA), this project is exempt pursuant to CEQA Guidelines 15061(b)(3). The project will not involve any construction nor have a significant effect on the environment.

Fiscal Impact:

N/A
Citizens Advised:

Notice of this public hearing was published in The Norwalk Patriot on October 27, 2023, and posted at the City’s three designated posting sites and the City website on October 26, 2023.

Strategic Plan 2023 Implementation:

The recommended actions will further the City’s Strategic Plan Goals 1 and 3 to provide high quality customer service to the community and to create and sustain a resilient and economically prosperous city.

Recommended Action:

Staff recommends City Council introduce by title only Ordinance No. 23-1746, AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING) OF THE NORWALK

MUNICIPAL CODE AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO INITIATE AND MAKE DECISIONS ON PRECISE DEVELOPMENT PLAN APPLICATIONS and schedule for adoption.

Attachments:

1. Ordinance No. 23-1746 (Zoning Text Amendment No. 2023-02)

2. Planning Commission Staff Report dated October 11, 2023 (without attachments)

3. Zoning Text Amendment No. 2023-02 – Redline Version
ATTACHMENT 1
ORDINANCE NO. 23-1746
AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17
(ZONING) OF THE NORWALK MUNICIPAL CODE AUTHORIZING THE

COMMUNITY DEVELOPMENT DIRECTOR TO INITIATE AND MAKE

DECISIONS ON PRECISE DEVELOPMENT PLAN APPLICATIONS
WHEREAS, the City of Norwalk (“City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City adopts this Ordinance pursuant to the City’s general and police powers and property rights set forth under Government Code Sections 65850(a); and
WHEREAS, the City desires to amend Title 17 (Zoning) of the Norwalk Municipal Code (NMC) authorizing the City’s Director of Community Development (“Director”) to initiate review and approve applications for Precise Development Plans (PDP), and/or in his or her discretion, refer decisions for PDP to the Planning Commission of the City of Norwalk (“Planning Commission”), Zoning Text Amendment (ZTA) No. 2023-02; and WHEREAS, the purpose of the amendment to Title 17 (Zoning) is to stream line the PDP approval process by authorizing the Director to make final decisions and/or refer Planning Commission review of PDPs; and
WHEREAS, the contemplated amendment to Title 17 (Zoning) will minimize burdensome requirements related to the PDP process, which at present requires that an applicant must attend a Planning Commission hearing; and WHEREAS, on October 11, 2023, the Planning Commission conducted a duly noticed public hearing to consider ZTA No. 2023-02, and where after careful review of the evidence in the matter, it adopted Resolution No. 23-30 recommending the City Council approve the proposed Zoning Text Amendment; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS
FOLLOWS:

Section 1.The City Council of 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.

Section 2. Purpose. The purpose and intent of this Ordinance is as follows:

1. To minimize the adverse effect on nearby property by encouraging rapid plan review.

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2. Establish a clear and concise list of Administrative Approvals.

3. Expedite the approval process by reducing the amount of Planning Commission hearings for Precise Development Plans unless determined by the Director.

4. To continue to safeguard and protect the public health, safety, and welfare through standardized zoning areas throughout the City; and

5. To advance the goals, policies, and programs of the General Plan.

Section 3. Findings. The proposed Zoning Text Amendment will be in the public interest since it will expedite new developments while reflecting current and contemplated land uses for the future and create consistency between the General Plan Map and Zoning Map.

Section 4.Approvals. The City Council hereby approves Zoning Text Amendment No. 2023-02 as shown in Exhibit “A” attached hereto and incorporated by reference herein, effectively authorizing the Director to initiate and make final decisions on Precise Development Plans, and/or in his/her discretion, refer such decisions to the Planning Commission.

Section 5.Environmental. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to “common sense” exception set forth in Section 15061(b)(3) of the California Code of Regulations where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 6. 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 7. Certification. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and shall cause this Ordinance to be published and/or posted as required by law.

PASSED, APPROVED, AND ADOPTED this 7th day of November 2023. ______________________________

ANA VALENCIA
MAYOR
ATTEST:

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THERESA DEVOY, CMC

CITY CLERK
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EXHIBIT “A”
ORDINANCE NO. 23-1746
TITLE 17 ZONING
Chapter 17.02 APPROVAL PROCEDURES
Article I. Procedure, Hearing, Notices
SECTIONS ARE AMENDED AND READ AS FOLLOWS:

17.02.105 Review authority table.

The Review Authority Table in this section is amended to:
a. remove the following entry found under the Types of Applications Precise
Development
Plans
- - Decision Appeal
b. add the following entry found under Administrative Applications:

Precise
Development
Plans
- Decision Appeal Appeal
Article IV Administrative Approvals and Permits
Section 17.02.205 Precise development plans is added to read as follows:
“Section 17.02.205 Precise development plans.

A. Purpose and Intent. The purpose and intent of requiring precise development plan review is to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties.

In order to achieve the purpose of this section, it is considered necessary to require that the use of land, and erection, construction or location of buildings or structures in any zone other than single-family residences and accessory buildings in the R-1, R-2, R-3, and R-H zones, unless in conjunction with a new and/or proposed subdivision, shall conform with approved development plans; and, further, that reasonable conditions may be imposed to serve and protect public health, safety, necessity, convenience and general welfare. No provision of this chapter is intended to deny any use already permitted by this title nor to grant any use in a zone not therein authorized.

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B. Applicability. The Community Development Director (Director) shall review applications in accordance with 17.02.105 Review Authority Table, as well as the following development and use applications:

1. The erection or construction of a building; or

2. The moving of a building onto property, or the relocation of a building or substantial structure from one part of a property to another.

C. General Procedures. The Director shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant. No application shall be accepted for filing unless it complies with the requirements set forth.

1. Application for precise development plan review shall be filed prior to issuance of building permits and shall be accompanied by detailed and fully dimensioned building plans, architectural drawings and elevations, landscape plans and/or any other data found to be reasonably required, and shall include the following:
a. The size, shape, height, orientation and location of all existing and proposed buildings; floor plans; the type and color of exterior materials proposed; b. The size, spacing and location of all doors, windows and other openings; c. The type and pitch of roofs, towers, chimneys and other roof or architectural structures;
d. The location, number and size of parking spaces, driveways and other factors affecting required off-street parking;
e. The location and type of lighting for buildings, grounds and parking areas; f. The location, height, and materials to be used in construction of walls and fences;
g. The landscaping and irrigation plan proposed;
h. Any other feature of development, which may have a significant impact upon or relationship to existing and/or proposed development in such area.

2. Precise development plans shall be filed for review and acted upon concurrently with an application for a change of zone, except that:
a. The Director may defer presentation of all or a part of required precise development plans to the building permit stage if it determines that the size, nature, or complexity of development is such as may necessitate significant revisions and Ordinance No. 23-1746 Page 6 of 9
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that preliminary plans filed are of sufficient detail to establish general compliance with the purpose and intent of this chapter.
b. In the event of a change of zone initiated by the Planning Commission or City Council, pursuant to Section 17.02.290, compliance with this section shall be required prior to issuance of building permits.

3. Any precise development plan located within the PF zone shall be reviewed by the Community Development Director.

D. Standards and Review Criteria.

1. The Community Development Director may at his or her discretion refer any request to the Planning Commission for review. The Community Development Director shall determine whether the proposed development is in compliance with regulations of this code and provisions of this section, and whether or not such development will be detrimental to the public health, safety and welfare or adversely affect property values or the present and future development of surrounding areas. Consideration shall be given to building orientation, walls or fences, landscaping, general design and development, setbacks, height, vehicular and pedestrian ingress and egress, parking, lighting, and the relationship of such factors to existing and proposed development in the immediate and surrounding area.

2. The Director, in compliance with the foregoing, may recommend approval, or conditional approval subject to modifications, of any precise development plan. The following findings may endanger the public health, safety, convenience and welfare and may be cause for denial of a precise development plan:

The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or in appropriateness of design in relation to the surrounding vicinity.

3. The Director may require modification in the architectural treatment of buildings or structures, require additional landscaping or development improvements and reasonably impose such other conditions as are deemed necessary, in its judgment, to insure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community.

E. Decision, Transmittal, Appeal.

1. The Director shall deliver or mail by first class mail a notice of its decision, approving or denying a precise development plan, to the Planning Commission and applicant.

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2. The decision of the Director shall become final and effective ten (10) calendar days after the delivery or mailing of all notices required by this section unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
a. A written appeal has been filed with the Community Development Department by an applicant or by a person specially aggrieved, and accompanied by the payment of a fee per any applicable fee resolution adopted by City Council; or b. The Planning Commission elects to review the decision of the Director.

3. The decision of the Planning Commission may be appealed to the City Council within ten (10) calendar days after the date that notice of the decision is mailed to the applicant. Notice of the appeal, and of the appeal hearing before the City Council, shall be pursuant to the hearing and noticing requirements contained in Sections

17.02.050.A.4 and 17.02.090.F.

F. Compliance.

1. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted therefore, shall become null and void.

2. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan. (Ord. 21-1722 § 2; Ord. 20-1720 § 2; prior code §§ 27-30.1—27-30.5).”
Article V. Discretionary Approvals and Permits
Section 17.02.240 is deleted in its entirety and Reserved for future use.

Chapter 17.05 RESIDENTIAL ZONES
Article I. R-1 Zone, Single-Family Residential Zone
Section 17.05.010 Permitted Uses, amends only the Section referenced in the paragraph as follows:

Replace the reference to Section 17.02.240 in the paragraph with Section 17.02.205.

Article II. R-2 Zone, Multi-Family Medium Density Residential Zone Section 17.05.100 Permitted Uses, amends only the Section referenced in the paragraph as follows:

Replace the reference to Section 17.02.240 in the paragraph with Section 17.02.205.

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Article III. R-3 Zone, Multi-Family High Density Residential Zone Section 17.05.200 Permitted Uses, amends only the Section referenced in the paragraph as follows:

Replace the reference to Section 17.02.240 in the paragraph with Section 17.02.205.

Article IV. R-H Zone, Residential Horse Property Zone
Section 17.05.310 Permitted Uses, amends only the Section referenced in the paragraph as follows:

Replace the reference to Section 17.02.240 in the paragraph with Section 17.02.205.

Chapter 17.08 SPECIAL PURPOSE ZONES
Article III. O-S Zone, Open-Space Zone

Section 17.08.100 Permitted Uses, amends only the Section referenced in the paragraph as follows:

Replace the reference to Section 17.02.240 in the paragraph with Section 17.02.205.

Article IV. I Zone, Institutional Zone
Section 17.05.100 Permitted Uses, amends only the Section referenced in the paragraph as follows:

Replace the reference to Section 17.02.240 in the paragraph with Section 17.02.205.

Chapter 17.09 SPECIFIC PLAN AREAS
Article I. Specific Plan Area No. 1
Section 17.09.100 Use Approvals, Sub Sections (A), (A1), and (A2) are hereby amended as follows:

A. No category of use shall be established and no building shall be constructed in specific plan area No. 1 except upon the issuance, existence, and validity of a conditional use permit as provided for in Section 17.02.210 of the Norwalk Municipal Code and upon review and approval of a precise development plan as provided for in Section 17.02.205 of the Code. The criteria for approval shall include the following:

1. The general requirements for a conditional use permit as set forth in Section 17.02.210 are satisfied;
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2. The general requirements for a precise development plan as set forth in Section 17.02.205 are satisfied;
Article XIV. Specific Plan Area No.14
Section 17.09.170 Precise Development Plan Review and Approval, and Sub Section (A), are hereby amended as follows:

No category of use shall be established and no building shall be constructed in specific plan area No. 14 except upon the review and approval of a precise development plan as provided for in Section 17.02.205 of the Code. The criteria for approval shall include the following:

A. The general requirements for a precise development plan as set forth in Section 17.02.205 are satisfied.

ATTACHMENT 2
Planning Commission
Agenda Report
October 11, 2023
TO: Planning Commission
FROM: John P. Ramirez, AICP, Director of Community Development BY: Andrew Arellano, Assistant Planner
SUBJECT: Zoning Text Amendment No. 2023-02 / To amend various sections of Title 17 of the Norwalk Municipal Code (NMC) to streamline the Precise Development Plan (PDP) process. Environmental: Consider and find the project exempt from CEQA pursuant to Section 15061(b)(3).

RECOMMENDATION
That the Planning Commission:

1. Adopt Resolution No. 23-30 to recommend approval to City Council for Zoning Text Amendment No. 2023-02; and

2. Consider and find that the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3).

AUTHORITY
Section 65855 of the California Government Code states that the Planning Commission shall make a written recommendation on the adoption or amendment of the Zoning Ordinance. 6 1
8 Section 17.02.260.D of the NMC stipulates that the Planning Commission render its recommendation on a Zoning Text Amendment, including the reasons for the recommendation, to the City Council.

INTRODUCTION/BACKGROUND
The Precise Development Plan (PDP) requirement was adopted by Ordinance No. 757 in 1972 and intended to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties. A precise development plan involves a set of plans conforming to the zoning code that is subject to review and approval by the Planning Commission. It does not grant provisions to deny any use already permitted by the NMC nor grant an unpermitted use in any zone. The application is prompted with new construction or the relocation of structures in any zone other than single-family residences and accessory buildings in residential zones.

PROJECT DESCRIPTION
The request consists of Zoning Text Amendment No. 2023-02 to amend various sections of Title 17 of the NMC to streamline the PDP process. It will serve as a proactive approach of enhancing economic development and encouraging a positive image of the City.

ANALYSIS
The project will expedite the PDP application by reducing the associated processing time and changing the reviewing authority to the Community Development Director. With PDPs, the review primarily involves checking site plans, floor plans, and elevations in conformance with development standards in the NMC and ensuring compatibility with the neighborhood. In converting to an administrative process, the PDP will encourage the redevelopment of vacant properties, create more opportunities for employment and goods and services, and promote a positive image of the development process in Norwalk. Even with a streamlined process, the proposed amendment will allow the Community Development Director to refer a project to the Planning Commission for discretionary action. Additionally, if a PDP were submitted concurrently with a discretionary application, such as a conditional use permit, both applications would be subject to review and approval by the Planning Commission. Review by the Director will apply to projects that are permitted in the zone, conform to development standards in the NMC, and solely require a PDP.
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8 Public Notification
Notice of this public hearing was published in The Norwalk Patriot and posted at the City’s three designated posting sites and the City website on September 28, 2022.

ENVIRONMENTAL ASSESSMENT
Pursuant to the California Environmental Quality Act (CEQA), this project is exempt pursuant to CEQA Guidelines 15061(b)(3). The project will not involve any construction nor have a significant effect on the environment.

SUMMARY
The ZTA involves streamlining the PDP process by authorizing the Director of Community Development to take action on the review of development plans that comply with the Norwalk Municipal Code. Opportunities to expedite the development process are consistent with the City’s Strategic Plan Goal 1 in providing high quality customer service to the community.

General Plan goals and policies will ensure that new development is compatible with existing neighborhoods and serve the various needs of all the residents of the city.

ATTACHMENTS
A. Resolution No. 23-30 (Zoning Text Amendment No. 2023-02), including Exhibit “A” Draft Ordinance
B. Zoning Text Amendment No. 2023-02 – Legislative Draft ATTACHMENT 3
ORDINANCE NO. 23-1746
(Redline Version)
Legend
Strikethrough = Deleted language
Underline = Added language
Purple Text = Existing hyperlink
Orange Text = New hyperlink
Title 17 ZONING
Chapter 17.02 APPROVAL PROCEDURES
Article I. Procedure, Hearing, Notices

17.02.105 Review authority table.

Review Authority Table
Types of
Applications
Planning
Staff Director
Planning
Commission
City
Council
Precise
development plans
- - Decision Appeal
Administrative
Applications

Precise
Development
Plans
- Decision Appeal Appeal
Article IV Administrative Approvals and Permits

17.02.205 Precise development plans.

A. Purpose and Intent. The purpose and intent of requiring precise development plan review is to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties.

In order to achieve the purpose of this section, it is considered necessary to require that the use of land, and erection, construction or location of buildings or structures in any zone other than single-family residences and accessory buildings in the R-1, R-2, R-3, and R-H zones, unless in conjunction with a new and/or proposed subdivision, shall conform with approved development plans; and, further, that reasonable conditions may be imposed to serve and protect public health, safety, necessity, convenience and general welfare. No provision of this chapter is intended to deny any use already permitted by this title nor to grant any use in a zone not therein authorized.

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B. Applicability. The Community Development Director (Director) shall review applications in accordance with 17.02.105 Review Authority Table, as well as the following development and use applications:

1. The erection or construction of a building; or

2. The moving of a building onto property, or the relocation of a building or substantial structure from one part of a property to another.

C. General Procedures. The Director shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant.

No application shall be accepted for filing unless it complies with the requirements set forth.

1. Application for precise development plan review shall be filed prior to issuance of building permits and shall be accompanied by detailed and fully dimensioned building plans, architectural drawings and elevations, landscape plans and/or any other data found to be reasonably required, and shall include the following:
a. The size, shape, height, orientation and location of all existing and proposed buildings; floor plans; the type and color of exterior materials proposed; b. The size, spacing and location of all doors, windows and other openings; c. The type and pitch of roofs, towers, chimneys and other roof or architectural structures;
d. The location, number and size of parking spaces, driveways and other factors affecting required off-street parking;
e. The location and type of lighting for buildings, grounds and parking areas; f. The location, height, and materials to be used in construction of walls and fences; g. The landscaping and irrigation plan proposed;
h. Any other feature of development, which may have a significant impact upon or relationship to existing and/or proposed development in such area.

2. Precise development plans shall be filed for review and acted upon concurrently with an application for a change of zone, except that:
a. The Director may defer presentation of all or a part of required precise development plans to the building permit stage if it determines that the size, nature, or complexity of development is such as may necessitate significant revisions and that ORDINANCE NO. 23-1746 - ZTA No. 2023-02

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preliminary plans filed are of sufficient detail to establish general compliance with the purpose and intent of this chapter.
b. In the event of a change of zone initiated by the Planning Commission or City Council, pursuant to Section 17.02.290, compliance with this section shall be required prior to issuance of building permits.

3. Any precise development plan located within the PF zone shall be reviewed by the Community Development Director.

D. Standards and Review Criteria.

1. The Community Development Director may at his or her discretion refer any request to the Planning Commission for review. The Community Development Director shall determine whether the proposed development is in compliance with regulations of this code and provisions of this section, and whether or not such development will be detrimental to the public health, safety and welfare or adversely affect property values or the present and future development of surrounding areas. Consideration shall be given to building orientation, walls or fences, landscaping, general design and development, setbacks, height, vehicular and pedestrian ingress and egress, parking, lighting, and the relationship of such factors to existing and proposed development in the immediate and surrounding area.

2. The Director, in compliance with the foregoing, may recommend approval, or conditional approval subject to modifications, of any precise development plan. The following findings may endanger the public health, safety, convenience and welfare and may be cause for denial of a precise development plan:

The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or in appropriateness of design in relation to the surrounding vicinity.

3. The Director may require modification in the architectural treatment of buildings or structures, require additional landscaping or development improvements and reasonably impose such other conditions as are deemed necessary, in its judgment, to insure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community.

E. Decision, Transmittal, Appeal.

1. The Director shall deliver or mail by first class mail a notice of its decision, approving or denying a precise development plan, to the Planning Commission and applicant.

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2. The decision of the Director shall become final and effective ten (10) calendar days after the delivery or mailing of all notices required by this section unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:
a. A written appeal has been filed with the Community Development Department by an applicant or by a person specially aggrieved, and accompanied by the payment of a fee per any applicable fee resolution adopted by City Council; or b. The Planning Commission elects to review the decision of the Director.

3. The decision of the Planning Commission may be appealed to the City Council within ten (10) calendar days after the date that notice of the decision is mailed to the applicant. Notice of the appeal, and of the appeal hearing before the City Council, shall be pursuant to the hearing and noticing requirements contained in Sections

17.02.050.A.4 and 17.02.090.F.

F. Compliance.

1. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted therefore, shall become null and void.

2. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan. (Ord. 21-1722 § 2; Ord. 20- 1720 § 2; prior code §§ 27-30.1—27-30.5)
Article V. Discretionary Approvals and Permits

17.02.240 Precise development plans.. Reserved
A. Purpose and Intent. The purpose and intent of requiring precise development plan review is to achieve a reasonable level of quality in harmony with precise plans and community objectives for social, economic and physical well-being, and to protect existing and potential developments and uses on adjacent and surrounding properties.

In order to achieve the purpose of this section, it is considered necessary to require that the use of land, and erection, construction or location of buildings or structures in any zone other than single-family residences and accessory buildings in the R-1, R-2, R-3, and R-H zones, unless in conjunction with a new and/or proposed subdivision, shall conform with approved development plans; and, further, that reasonable conditions may be imposed to serve and protect public health, safety, necessity, convenience and general welfare. No provision of this chapter is intended to deny any use already permitted by this title nor to grant any use in a zone not therein authorized.

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B. Applicability. The Planning Commission shall review applications in accordance with 17.02.105 Review Authority Table, as well development and use applications not expressly identified for review by the Director including, but not limited to, following:

1. The erection or construction of a building; or

2. The moving of a building onto property, or the relocation of a building or substantial structure from one part of a property to another.

C. General Procedures. The Planning Commission shall prescribe the form of application, documents to be submitted and the type of information to be provided by the applicant. No application shall be accepted for filing unless it complies with the requirements set forth.

1. Application for precise development plan review shall be filed prior to issuance of building permits and shall be accompanied by detailed and fully dimensioned building plans, architectural drawings and elevations, landscape plans and/or any other data found to be reasonably required, and shall include the following:
a. The size, shape, height, orientation and location of all existing and proposed buildings; floor plans; the type and color of exterior materials proposed; b. The size, spacing and location of all doors, windows and other openings; c. The type and pitch of roofs, towers, chimneys and other roof or architectural structures;
d. The location, number and size of parking spaces, driveways and other factors affecting required off-street parking;
e. The location and type of lighting for buildings, grounds and parking areas; f. The location, height, and materials to be used in construction of walls and fences; g. The landscaping and irrigation plan proposed;
h. Any other feature of development, which may have a significant impact upon or relationship to existing and/or proposed development in such area.

2. Precise development plans shall be filed for review and acted upon concurrently with an application for a change of zone, except that:
a. The Planning Commission may defer presentation of all or a part of required precise development plans to the building permit stage if it determines that the size, nature, or complexity of development is such as may necessitate significant ORDINANCE NO. 23-1746 - ZTA No. 2023-02

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revisions and that preliminary plans filed are of sufficient detail to establish general compliance with the purpose and intent of this chapter. b. In the event of a change of zone initiated by the Planning Commission or City Council, pursuant to Section 17.02.290, compliance with this section shall be required prior to issuance of building permits.

3. Any precise development plan located within the PF zone shall be reviewed by the Planning Commission.

D. Standards and Review Criteria.

1. The Planning Commission shall determine whether the proposed development is in compliance with regulations of this code and provisions of this section, and whether or not such development will be detrimental to the public health, safety and welfare or adversely affect property values or the present and future development of surrounding areas. Consideration shall be given to building orientation, walls or fences, landscaping, general design and development, setbacks, height, vehicular and pedestrian ingress and egress, parking, lighting, and the relationship of such factors to existing and proposed development in the immediate and surrounding area.

2. The Planning Commission, in compliance with the foregoing, may recommend approval, or conditional approval subject to modifications, of any precise development plan. The following findings may endanger the public health, safety, convenience and welfare and may be cause for denial of a precise development plan:

The proposed development would substantially depreciate property values in the vicinity or interfere with the use or enjoyment of property in such area, because of excessive dissimilarity or in appropriateness of design in relation to the surrounding vicinity.

3. The Planning Commission may require modification in the architectural treatment of buildings or structures, require additional landscaping or development improvements and reasonably impose such other conditions as are deemed necessary, in its judgment, to insure compliance with regulations and the purpose, spirit and intent of this code, and thereby serve the best interest of the area and community.

E. Decision, Transmittal, Appeal.

1. The Planning Commission shall deliver or mail by first class mail a notice of its decision, approving or denying a precise development plan, to the City Council and applicant.

2. The decision of the Planning Commission shall become final and effective ten (10) days after the delivery or mailing of all notices required by this section unless prior to 5:00 p.m. of the 10th day, either of the following has occurred:

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a. A written appeal has been filed with the City Clerk by an applicant or by a person specially aggrieved; or
b. The City Council elects to review the decision of the Board.

3. The action of the City Council shall be final.

F. Compliance.

1. An approved plan shall be valid for a one-year period and, should development fail to commence within such time limitation and no extension is granted therefor, shall become null and void.

2. No person shall violate or fail to comply with any approved plan or any condition or provision thereof, nor shall a building permit be issued for any building or structure which would violate or fail to comply with an approved plan. (Ord. 21-1722 § 2; Ord. 20- 1720 § 2; prior code §§ 27-30.1—27-30.5)
Chapter 17.05 RESIDENTIAL ZONES
Article I. R-1 Zone, Single-Family Residential Zone
Section 17.05.010 Permitted uses.

In an R-1 zone, no building shall be erected, constructed, reconstructed, or structurally altered, nor shall any building or land be used except as is herein after specifically provided and allowed by this article; except, that all residential development in new subdivisions of five or more lots and any single-family dwelling on a substandard size lot or parcel shall be subject to provisions of Section 17.02.240 17.02.205, governing precise development plans.

Article II. R-2 Zone, Multi-Family Medium Density Residential Zone Section 17.05.100 Permitted uses.

In an R-2 zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used except as is hereinafter specifically provided and allowed by this article and Section 17.02.240 17.02.205, governing precise development plans.

Article III. R-3 Zone, Multi-Family High Density Residential Zone Section 17.05.200 Permitted uses.

In an R-3 zone, no building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used except as is herein after specifically provided and allowed by this article and Section 17.02.240 17.02.205, governing precise development plans.

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Article IV. R-H Zone, Residential Horse Property Zone
Section 17.05.310 Permitted uses.

In an R-H zone, no building shall be erected, constructed, or structurally altered, nor shall any building or land be used for any purpose except as is by this article specifically provided and allowed; and subject to provisions of Section 17.02.240

17.02.205, governing precise development plans for new subdivisions of five or more lots, and any single-family dwelling proposed upon a substandard size lot or parcel.

Chapter 17.08 SPECIAL PURPOSE ZONES
Article III. O-S Zone, Open-Space Zone
Section 17.08.100 Permitted uses.

In an O-S zone, no building shall be erected, constructed, reconstructed, or structurally altered, nor shall any building or land be used for any purpose except as is hereinafter specifically provided and allowed by this chapter, and subject to the provisions of Chapter 17.03, Article II, governing off-street parking requirements, and Section 17.02.240 17.02.205, governing precise development plans.

Article IV. I Zone, Institutional Zone
Section 17.08.190 Permitted uses.

In the I zone, unless otherwise exempt under Chapter 17.04, Article I, no building or structures shall be erected, constructed, reconstructed, or structurally altered, nor shall any building or land be used for any purpose except as is hereinafter specifically provided and allowed by this chapter, and subject to the provisions of Chapter 17.03, Articles II and III, governing off-street parking and sign requirements, and Section 17.02.240 17.02.205, governing precise development plans.

Chapter 17.09 SPECIFIC PLAN AREAS
Article I. Specific Plan Area No. 1
Section 17.09.100 Use approvals.

A. No category of use shall be established and no building shall be constructed in specific plan area No. 1 except upon the issuance, existence, and validity of a conditional use permit as provided for in Section 17.02.210 of the Norwalk Municipal Code and upon review and approval of a precise development plan as provided for in Section 17.02.240 17.02.205 of the Code. The criteria for approval shall include the following:

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1. The general requirements for a conditional use permit as set forth in Section 17.02.210 are satisfied;

2. The general requirements for a precise development plan as set forth in Section 17.02.240 17.02.205 are satisfied;
Article XIV. Specific Plan Area No.14
Section 17.09.170 Precise development plan review and approval.

No category of use shall be established and no building shall be constructed in specific plan area No. 14 except upon the review and approval of a precise development plan as provided for in Section 17.02.240 17.02.205 of the Code.

The criteria for approval shall include the following:

A. The general requirements for a precise development plan as set forth in Section 17.02.240 17.02.205 are satisfied.

City Council Agenda Report
November 7, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance
Christine Roberto, Public Services Manager
SUBJECT: PUBLIC HEARING - RESOLUTION NO. 23-68 – SUSTAINABILITY, ENERGY

EFFICIENCY AND INFRASTRUCTURE IMPROVEMENT PROJECT
Background:

For many years, City Council has supported energy efficiency upgrades to buildings and infrastructure. Staff have completed energy audits and implemented numerous energy efficiency projects to upgrade facilities which provide energy efficient buildings, a comfortable environment for visitors and staff, and overall cost savings for the City. Projects have included light-emitting diode (LED) lighting retrofits, upgrades to heating, ventilation, and air conditioning (HVAC) units, plumbing fixtures to save water, and a variety of other projects.

To build on these efforts, this City has been working with Syserco Energy Solutions (SES), a qualified energy services company, to identify energy conservation measures and renewable energy opportunities. SES has analyzed the City’s energy use data, surveyed the City’s facilities and equipment, modeled buildings for performance, identified opportunities to utilize resources more efficiently, developed energy conservation measures (ECMs), and calculated potential energy savings from the implementation of the proposed measures.

Energy conservation measures identified include the following:
 Install solar panel arrays at several facilities
 Install energy efficient “cool” roofs at Transportation/Public Services facility buildings  Install building management system thermostats at several facilities  Retrofit ballfield lighting at Holifield and Zimmerman parks to LED  Install ballfield lighting at Lakeside and Ramona parks  Replace HVAC units more than 18 years old
 Refurbish all other HVAC units to provide protective polyurethane coating

City Council November 7, 2023
Resolution No. 23-68 – Sustainability, Energy
Efficiency and Infrastructure Improvement Project
Page No. 2
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1  Replace transformer at City Hall to a high efficiency unit  Building exterior upgrades to add and/or replace door sweeps and sealing of doors California Government Code Section 4217.12 (CA 4217) provides that a public agency may enter into an energy services contract on such terms as the City Council determines are in the best interest of the City provided City Council conducts a public hearing and can make the following finding:

1. The anticipated cost to the City for energy or conservation services provided under the contract will be less than the anticipated marginal cost to the City of the energy that would have been consumed in the absence of these purchases.

2. That the difference, if any, between the fair rental value for the real property subject to the facility ground lease and the agreed rent, is anticipated to be offset by below-market energy purchases or other benefits provided under the energy service contract.

In other words, CA GC 4217 allows the City to directly engage a qualified energy services company in a design-build agreement provided that the energy cost savings that result from the agreement are greater than the cost of the improvements.

The proposed energy services contract with SES calculates that the total energy savings, over the expected useful life of the equipment is $39,458,180. These savings come from energy savings that result from more efficient equipment, savings from buying less electricity from Southern California Edison and instead generating electricity via on-site solar panels and operational savings from reduced maintenance of old equipment.

Staff is requesting that the City enter into a contract with SES for the sustainability, energy efficiency, and facility improvement project. Tax-exempt bond financing by private placement or public offering for the project will be secured and brought back to City Council for approval at a later date.

Fiscal Impact:

SES has provided a comprehensive report identifying all measures for the project, with a proposed cost of approximately $18,200,000. The solar panel array portion of the project is approximately $12,000,000 that will be financed. The City will fund the remaining $6,200,000.

The Fiscal Year 2023/24 budget already includes $1,935,000 appropriation for Park lighting improvements, the remaining $4,265,000 additional funding will be requested for approval at a later time: $2,200,000 from Proposition C and $2,065,000 from existing capital reserves.

Project cost per location and per various components is detailed in Attachment 3.

The City will solicit proposals for tax-exempt municipal lease financing of $12,000,000 that will cover the solar photovoltaic systems at six locations. In addition to the Investment Tax and Energy Community Tax credits estimated at $4,080,000, it is proposed that the energy cost City Council November 7, 2023
Resolution No. 23-68 – Sustainability, Energy
Efficiency and Infrastructure Improvement Project
Page No. 3
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1 savings be used to make financing payments. A pro forma model of the expected cash-flow from the Project is identified in the project proposal (Attachment 2). As noted, the Project is expected to produce positive cash-flow (savings in excess of financing service payments). Upon the conclusion of the lease payments, the savings generated over the remaining useful life of the equipment will add to the City’s savings in the absence of adopting these ECMs.

Citizens Advised:

The public hearing notice was posted at the City’s three designated posting places on October 24, 2023, and published in The Norwalk Patriot on October 27, 2023. As of the writing of this report, staff has received no public comments.

Strategic Plan 2023 Implementation:

The recommended actions will further the City’s Strategic Plan Goals 2, 3, and 4 to work in partnership with the community, re-invest in aging infrastructure; build great public destinations, maintain the City’s financial resiliency; and support sustainability and climate resilience.

Recommended Action:

Staff recommends City Council:
a. adopt Resolution No. 23-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NORWALK MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 4217.12(A)(1)-(2) AND AUTHORIZING THE CITY MANAGER TO FINALIZE

NEGOTIATIONS THAT ARE IN THE BEST INTERESTS OF THE CITY FOR AN ENERGY SERVICES CONTRACT WITH SYSERCO ENERGY SOLUTIONS, INC. FOR THE ACQUISITION OF ENERGY CONSERVATION EQUIPMENT;
b. authorize the City Manager to begin the process to secure tax-exempt bond financing by private placement or public offering funding for the project; and c. authorize the City Manager to prepare, execute, or record (cause to be recorded) any documents required under the project, on behalf of the City, in a form approved by the City Attorney.

Attachments:

1. Resolution No. 23-68

2. Project Proposal

3. Cost Breakdown per Facility
ATTACHMENT 1
RESOLUTION NO. 23-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK

MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION
4217.12(A)(1)-(2) AND AUTHORIZING THE CITY MANAGER TO

FINALIZE NEGOTIATIONS THAT ARE IN THE BEST INTERESTS OF

THE CITY FOR AN ENERGY SERVICES CONTRACT WITH SYSERCO
ENERGY SOLUTIONS, INC. FOR THE ACQUISITION OF ENERGY

CONSERVATION EQUIPMENT
WHEREAS, it is the policy of the State of California and the intent of the State Legislature to promote all feasible means of energy conservation and all feasible uses of alternative energy generation; and
WHEREAS, California Government Code 4217.10-18 authorizes the City of Norwalk (“City”) to enter into an energy services contract for the implementation of energy related improvements in public buildings or City-owned property if the City Council finds that it is in the best interest of the City to enter into such energy services contract and that the anticipated cost to the city for the thermal energy, electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the City of the thermal, electrical or other energy that would have been consumed in the absence of those purchases; and WHEREAS, the City of Norwalk, in alignment with the City’s Strategic Plan, desires to re-invest in existing and aging infrastructure, build great public destinations, maintain the City's financial resiliency, protect and conserve natural resources and protect people by reducing the effects of pollution.

WHEREAS, an energy services contract has been presented to the City of Norwalk City Council, to be finalized and executed by and between the City and Syserco Energy Solutions, Inc. (“SES”); and
WHEREAS, pursuant to the Energy Services Contract, SES will sell to the City certain equipment, install and provide other services related to the equipment, to enable the City to reduce energy use and make more efficient use of energy (the “Project”); and WHEREAS, the Project is to be implemented in accordance with the energy services contract and will include design, engineering, permits, fees, approvals, project management, installation and start up, training, checkout, warranty and insurance specifically associated with the work to be performed; and WHEREAS, City Council desires to finalize and execute the energy services contract, subject to modifications as the City Manager, in consultation with the City Attorney, reasonably deems necessary following the City Council’s adoption of this Resolution; and
Resolution No. 23-68 Page 2 of 2
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WHEREAS, the City Council’s approval to finalize and execute the energy services contract referenced above, in accordance with Government Code section 4217.12, is also fully contingent upon the City’s ability to secure financing for the Project in compliance with separate findings and procedural requirements of Government Code Section 4217.13; and
WHEREAS, in accordance with Government Code Section 4217.10 et seq, not less than fourteen (14) days before the regularly scheduled meeting where this Resolution will be considered, the City posted notice of a Public Hearing at which the City Council would consider this Resolution and the contract referenced; and WHEREAS, the Public Hearing was opened at the City Council regular meeting of November 7, 2023.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:

Section 1.The City Council finds that all the foregoing Recitals are true and correct.

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 on this 7th day of November 2023.

ANA VALENCIA
MAYOR
____________________________

THERESA DEVOY, CMC

CITY CLERK
ATTACHMENT 2

ATTACHMENT 3
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EXHIBIT A

DETAILED COST BREAKDOWN BY SITE
Site Name Sports
Lighting Solar PV Transformer Building
Envelope
Citywide
Controls
HVAC Units
Refurbish
HVAC Units
Replace Total by Site
City Hall / Civic Center $ 2,461,592 $ 14,823 $ 19,446 $ 239,138 $ 23,994 $ 557,949 $ 3,316,941 Transportation / Public
Services Facility $ 3,638,444 $ 28,877 $ 231,665 $ 567,795 $ 4,466,781 Cultural Arts $ 7,811 $ 52,311 $ 2,181 $ 78,769 $ 141,073 Arts & Sports Complex $ 1,832,449 $ 7,357 $ 156,934 $ 45,806 $ 2,042,547 Aquatics Center $ 878,102 $ 9,626 $ 22,419 $ 6,544 $ 916,691 Norwalk Park, Expanded
Parking Lot, Water Well
#10
$ 2,245,144 $ 2,245,144
Social Services / Alondra
Library $ 887,725 $ 3,111 $ 14,946 $ 4,362 $ 910,145 Senior Center $ 9,528 $ 82,204 $ 479,180 $ 570,912 Sara Mendez Park $ 2,074 $ 14,946 $ 4,362 $ 21,383 Vista Verde Park $ 1,037 $ 7,473 $ 2,181 $ 10,691 Gerdes Park $ 3,662 $ 14,946 $ 4,362 $ 22,971 Holifield Park $ 955,326 $ 955,326
Zimmerman Park $ 702,337 $ 702,337
Lakeside Park $ 1,175,553 $ 1,175,553
Ramona Park $ 670,200 $ 670,200
Total by Measure $3,503,417 $11,943,456 $ 14,823 $ 92,529 $ 836,983 $ 93,793 $1,683,693 $18,168,694