AGENDA
CITY COUNCIL
DECEMBER 5, 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/84862304700?pwd=SkQyZXRnS1J6S0Y3eWtyU2V5ZHRxQT09; MEETING ID: 84862304700; PASSCODE: 845338. 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 p.m.
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, December 5, 2023 Page 2 of 7
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 – Norwalk Municipal Water System - Artesia Service Area; Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and to be determined; Under Negotiation: Price and Terms of Payment.
II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9(d)(2) – significant exposure to litigation in one case.
III. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1), City of Norwalk vs. City of Cerritos, Case No. 22STCV33737.
RECESS
REGULAR MEETING – 6:00 p.m.
CALL TO ORDER
Mayor Valencia
INVOCATION
Randy Bradley
Apostolic Lighthouse
FLAG SALUTE
Corporal Mendoza
Young Marines
ROLL CALL
Theresa Devoy, CMC
City Clerk
CLOSED SESSION REPORT
City Council, December 5, 2023 Page 3 of 7
CITY COUNCIL COMMENTS
a. Report of City Council Travel
SPECIAL PRESENTATIONS
I. Check Presentation from Lions Club to Norwalk Youth and Family Services.
CITY MANAGER COMMENTS
1. Flashvote announcement.
2. ParkConnect Ribbon Cutting Recap Video.
3. Thanksgiving in Norwalk Recap Video.
4. Holiday Festival and Tree Lighting Ceremony Recap Video.
5. Bi-Weekly Review.
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 MEETINGS OF NOVEMBER 7 AND 18, 2023. 825-04
3. PAYROLL FOR THE PERIODS OCTOBER 29, 2023 – NOVEMBER 11, 2023 AND NOVEMBER 12, 2023 – NOVEMBER 25, 2023
Staff recommends City Council approve:
a. gross payroll in the amount of $1,204,506.42; the payroll check numbers 38032 - 38037 and the voucher numbers 325262 – 325757 in the total net amount of $894,422.17 for the pay period October 29, 2023 – November 11, 2023; and
b. gross payroll in the amount of $1,176,938.98; the payroll check numbers 38038 – 38042 and the voucher numbers 325758 – 326251 in the total net amount of $862,893.46 for the pay period November 12, 2023 – November 28, 2023.
4. COMMERCIAL DEMANDS
STAFF RECOMMENDS CITY COUNCIL APPROVE THE WARRANT REGISTERS FOR THE PERIODS NOVEMBER 1 THROUGH NOVEMBER 13, 2023, IN THE TOTAL AMOUNT OF $1,566,480.25 AND NOVEMBER 14 THROUGH NOVEMBER 27, 2023 IN THE AMOUNT OF $4,883,658.53. 640
City Council, December 5, 2023 Page 4 of 7
5. CLAIMS AGAINST THE CITY
Staff recommends City Council deny the claims filed by Gary Granados and Cruz Valdez. 830-07/22
6. 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 adopt 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 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.
7. 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 adopt 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.
8. AGREEMENT AMENDMENT NO. 7 FOR TRAFFIC ENGINEERING SERVICES Staff recommends City Council approve:
a. assignment of Reggie Greene from Willdan Engineering to service the contract in the capacity as Deputy Traffic Engineer; and
b. Amendment No. 7 to the Willdan Agreement extending the term through June 30, 2024 to continue providing traffic engineering services; and authorize the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney.
9. PROJECT NO. 7242 – RESOLUTION NO. 23-71 – BUDGET AMENDMENT – AWARD OF CONTRACT
AND CONSTRUCTION INSPECTION SERVICES AGREEMENT AMENDMENT FOR EXCELSIOR DRIVE AND BLOOMFIELD AVENUE SPEED FEEDBACK SIGN IMPROVEMENTS, ENGINEER'S REPORT NO. 23-22
Staff recommends City Council:
a. adopt Resolution No. 23-71, 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 MEASURE “M” BOND PROCEEDS TO PROJECT NO. 7242 – EXCELSIOR DRIVE AND BLOOMFIELD AVENUE SPEED FEEDBACK SIGN IMPROVEMENTS, in the amount of $19,500;
b. award a construction contract to Select Electric, Inc. for Project No. 7242 – Excelsior Drive and Bloomfield Avenue Speed Feedback Sign Improvements, in the amount of $64,720; and authorize the City Manager to execute any amendments or change orders 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; and
c. approve Amendment No. 4 to the agreement with Onward Engineering to expand the scope of work to provide Inspection services for Project No. 7242 in an amount of $10,080; 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.
City Council, December 5, 2023 Page 5 of 7
10. AGREEMENT AMENDMENT NO. 4 – TREE MAINTENANCE SERVICES – ADJUST INSURANCE
COVERAGE AND COMPENSATION
Staff recommends City Council approve Amendment No. 4, modifying the insurance requirements and adjusting the rate beginning January 1, 2024; and authorizing the City Manager to execute the Amendment, on behalf of the City, in a form approved by the City Attorney.
11. RESOLUTION NO. 23-72 - SUPPORT OF AN APPLICATION FOR OUTDOOR EQUITY PROGRAM
GRANT FUNDS
Staff recommends City Council adopt RESOLUTION 23-72, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NORWALK APPROVING AN APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS.
12. RESOLUTION NO. 23-73 - BUDGET AMENDMENT - AWARD CONTRACT FOR ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR PROJECT NO. 7920, LOCAL STREET REHABILITATION ZONES 4 & 31 AND PROJECT NO. 7934, LOCAL STREET REHABILITATION ZONE 7
Staff recommends City Council:
a. adopt Resolution No. 23-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE STREET RENOVATION FUNDS TO PROJECT NO. 7934 – LOCAL STREETS REHABILITATION PROJECT DESIGN of ZONE 7, in the amount of $208,891; and b. award an Agreement to JMD, Inc. for Project Nos. 7934 (Zone 7) and 7920 (Zones 4 and 31) to provide engineering services for design and construction support for Engineering Work Order No. 1 for a term of two years from the date of execution, with the option to extend for two additional one- year term extensions, for an amount not to exceed $754,350; and authorize the City Manager to execute the agreement, authorize the City Manager to approve amendments up to his signature authority, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
13. ADOPT RESOLUTION NO. 22-74 - SUPPORT OF THE FORMATION OF AND INCLUSION IN THE
LOWER SAN GABRIEL RIVER RECREATION AND PARK DISTRICT
Staff recommends City Council adopt Resolution No. 22-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK IN SUPPORT OF THE FORMATION OF AND INCLUSION IN THE “LOWER SAN GABRIEL RIVER RECREATION AND PARKS DISTRICT”.
14. AWARD CONTRACT FOR INSTALLATION OF DOG PARK FENCING AT BOB WHITE PARK Staff recommends City Council award a contract to No Limit Fencing Company in the amount of $49,735.50 for the purchase and installation of fencing to create a dog park at Bob White Park; and authorize the City Manager to execute the contract and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
15. PROJECT NO. 7935 – RESOLUTION NO. 23-75 BUDGET AMENDMENT - AWARD CONTRACT FOR
ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR LOCAL STREET REHABILITATION ZONES 2, 9, & 29
Staff recommends City Council:
a. adopt Resolution No. 23-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE STREET RENOVATION FUNDS TO PROJECT NO. 7935 – LOCAL STREETS REHABILITATION PROJECT DESIGN of ZONES 2, 9, and 29, in the amounts of $986,590; and
b. award a Professional Services Agreement to Kimley-Horn and Associates, Inc. for Project No. 7935 (Zones 2, 9 and 29) to provide professional engineering services for design and construction support for scope of services included in Engineering Work Order No. 1 for a term of two years from the date
City Council, December 5, 2023 Page 6 of 7
of execution, with the option to extend for two additional one-year term extensions, for an amount not to exceed $986,590; and authorize the City Manager to execute the agreement, approve amendments within the City Manager’s signing authority, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
16. AUTHORIZATION TO SUBMIT ANNUAL SHORT RANGE TRANSIT PLAN FOR FISCAL YEARS 2024-2026
Staff recommends City Council receive and file the Triennial Short Range Transit Plan, and authorize the Executive Director of Regional Transportation to submit the updated Short Range Transit Plan to Los Angeles County Metropolitan Transportation Authority.
17. AGREEMENT - CITYWIDE FISCAL YEAR 2023/24 PAVEMENT MANAGEMENT PROGRAM UPDATE Staff recommends City Council award a contract to Bucknam Infrastructure Group, Inc., in the amount of $59,840 for Professional Engineering Services for Fiscal Year 2023/24 Pavement Management System Update; and authorize the City Manager to execute the agreement and any amendments within his signing authority, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
APPOINTMENTS
18. 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. 200
PUBLIC HEARINGS
19. CONTINUED PUBLIC HEARING - RESOLUTION NO. 23-57 - SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019/20 ANNUAL ACTION PLAN CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS AND RESOLUTION NO. 23-58 - BUDGET AMENDMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS RESPONSE FUNDS AND AMENDMENT NO. 1 OF
SUBRECIPIENT AGREEMENT FOR HOMELESS ASSISTANCE
Staff recommends City Council:
a. consider adopting Resolution No. 23-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK APPROVING A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019/20
ANNUAL ACTION PLAN CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS;
b. consider adopting Resolution No. 23-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED
BUDGET TO APPROPRIATE COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT
FUNDS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; and
c. approve Amendment No. 1 to the subrecipient agreement with City Net to provide housing navigation and health services in an amount not to exceed $436,447.88; and authorize the City Manager to execute the agreement and any additional amendments provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
RESOLUTIONS
20. RESOLUTION NO. 23-69 - APPROVING A SALE AND PURCHASE AGREEMENT FOR THE SALE OF
THE ARTESIA SERVICE AREA AND RELATED ASSETS OF THE NORWALK MUNICIPAL WATER SYSTEM
Staff recommends City Council adopt Resolution No. 23-69, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NORWALK, FINDING THAT REQUIREMENTS PURSUANT TO CALIFORNIA PUBLIC UTILITIES CODE SECTION 10061 FOR THE SALE OF THE CITY OF NORWALK’S ARTESIA SERVICE
City Council, December 5, 2023 Page 7 of 7
AREA WATER SYSTEM AND RELATED ASSETS LOCATED OUTSIDE OF ITS BOUNDARIES, HAVE BEEN MET AND APPROVAL OF THE SALE, for the purchase price of $5,250,000.
21. RESOLUTION NO. 23-70 – MAKING FINDINGS UNDER SURPLUS LAND ACT AND APPROVING THE PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 12843 NORWALK BOULEVARD Staff recommends City Council adopt Resolution No. 23-70, Making Findings Under Surplus Land Act and Approving the Purchase and Sale of Real Property Located at 12843 Norwalk Boulevard.
REPORTS
22. DECEMBER AND JANUARY MEETING SCHEDULES
Staff recommends City Council consider:
a. canceling the December 19, 2023 and January 2, 2024 meetings, and holding one regularly scheduled meeting on January 16th; or
b. directing staff to take the appropriate steps to hold the December 19 meeting, cancel the January 2, 2024 meeting, and hold two meetings in January on the 16th and 30th.
23. EMPLOYEE MENTAL HEALTH BREAK – CLOSURE OF SOME CITY OPERATIONS FROM DECEMBER 26 TO DECEMBER 29, 2023
Staff recommends City Council approve:
a. the allocation of 35 hours of Mental Health Break to full-time employees and 12 hours of Mental Health Break to part-time employees; and
b. the closure of City Hall and other City facilities from December 26 to December 29, 2023, with the exception of some essential City services in the Public Safety, Public Services, Transportation, Recreation, and Social Services Departments.
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 December 1, 2023.
Theresa Devoy, CMC
City Clerk
20231107
825-04
MINUTES OF THE CLOSED SESSION AND REGULAR MEETINGS
NORWALK CITY COUNCIL
NORWALK, CALIFORNIA
NOVEMBER 7, 2023
CLOSED SESSION MEETING
Vice Mayor Rios called the hybrid meeting to order at 5:05 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulev ard, Norwalk, California, and via videoconference pursuant to Assembly Bill 361. Responding to roll call in person were Councilmembers Ayala, Perez, and Ramirez. Vice Mayor Rios via videoconference.
Mayor Valencia arrived after roll call. Also present were Jesus M. Gomez, City Manager; Arnold M. Alvarez, City Attorney; and Theresa Devoy, City Clerk.
ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS
There were no persons wishing to address Cit y Council on the matters to be discussed in closed session.
CLOSED SESSION
The City Attorney indicated that a need arose after the posting of the agenda to discuss:
CONFERENCE WITH LEGAL COUNSEL – ANTCIPATED LITIGATION PURSUANT TO
GOVERNMENT CODE 54956.9(d)(2) - significant exposure to litigation in one case Vice Mayor Rios moved and Councilmember Perez se conded to add the item to the Closed Session agenda. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, and Ramirez, and Vice Mayor Rios NOES: None
ABSENT: Mayor Valencia
City Council immediately convened to closed session for discussion on the following matters and the added item:
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, 8056-015-9 00 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.
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
2 III. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Assessor Parcel Number 8045-008- 902 (California Youth Author ity); Negotiating Parties: Jesus M. Gomez, City Manager, on behalf of the City and State of California; Under Negotiation; Price and Terms of Payment.
RECESS
City Council recessed at 5:58 p.m. pending the commencement of the regular meeting.
REGULAR MEETING
Mayor Valencia called the hybrid meeting to order at 6:11 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulev ard, Norwalk, California, and via videoconference pursuant to Assembly Bill 361. City Council was present in its entirety with Councilmembers Ayala, Perez, and Ramirez, Vice Mayor Rios and Mayor Valencia.
Also present were Jesus M. Gomez, City Manager; Arnold M. Alvarez, City Attorney; and Theresa Devoy, City Clerk.
The invocation was delivered by Miguel Marti nez, First Baptist Church, followed by the flag salute, led by Emmanuel Salazar-Lira, Norwalk High School and his brother, Edwin Salazar-Lira.
CLOSED SESSION REPORT
The City Attorney indicated there was no reportable action taken on the matters discussed in closed session.
CITY COUNCIL COMMENTS
Councilmember Ramirez wished all a safe week; requested that at a future meeting, staff present a report discussing establishing a Veterans Commission. Councilmember Perez announced City newsletters have been distri buted and invited the community to participate in activities bei ng offered; encouraged giving back this holiday season; announced a Santa Sleigh volunteer meeting would be held November 16 at the Norwalk Transportation Center; and wished Councilm ember Ayala a happy birthday.
Councilmember Ayala reported on his att endance at the Pet Adoption Showcase, thanking Parks and Recreation and Public Safe ty on the success of the event; and requested the meeting be adjourned in memory of Leola Mooney. Vice Mayor Rios reported on her attendance at the Senior Center Luncheon; the Ribbon Cutting at the Brows Design Studio, and thanked the Norw alk Chamber of Co mmerce for supporting small businesses; she also shared that she attended the Public Safety Academy Graduation, the Norwalk-La Mi rada Unified School District Migrant Education Program Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
3 Closing Ceremony, and expre ssed gratitude toward the children expanding their knowledge and the volunteers who contribute to the communities' growth; and invited all to attend the Hermosillo Park Camera and Wi-Fi Ribbon Cutting November 20. Mayor Valencia recognized dignitaries in attendanc e; reported on her attendance at Paint the Town Pink Paint Night, State of the City, St. Francis Episcopal Church and So-Cal Indian Church Annual International Festival, t he Views Apartment Ribbon Cutting Ceremony, the Council of Governments Board of Directors Meeting, Los Alisos Middle School Dia de Los Muertos event; and the Norwalk Cit izens Academy graduat ion; commented on various meetings held with the City Manager regarding updates on City business, the Lions Club, and with City staff and Ivan Sulic, Field Deputy at Los Angeles County Board of Supervisors addressing concerns of rent control and stabilization; and invited all to attend the Veteran’s Day Tribute at City Hall, November 11.
SPECIAL PRESENTATIONS
City Council recognized the family of Hometown Hero Nathaniel Anthony Davalos.
City Council proclaimed November as Native American Heritage History Month.
City Council proclaimed November 25
th as Small Business Saturday.
The Lions Club presented checks to the Te en Alliance Program and the Santa Sleigh Foundation.
CITY MANAGER COMMENTS
Iso Nakasato, Director of Government Affairs provided an Athens Disposal update regarding services.
Mr. Gomez shared an update regarding New River Park issues.
Videos were shared highlight ing the State of the City, The View s Apartments Ribbon Cutting, Halloween in Norwalk, and the “Bi-Weekly Review”.
CONSENT CALENDAR
Consent calendar items are considered ro utine matters which may be enacted by one motion and roll call vote. Councilmember Ramirez moved and Councilmember Perez seconded to approve the consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
4 AYES: Councilmembers Ayala, Perez, and Ramirez, Vice Mayor Rios and Mayor Valencia
NOES: None
ABSENT: None
WAIVED READING IN FULL OF ALL ORDINA NCES 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 17, 2023.
PAYROLL FOR THE PERIODS OCTOBER 1, 2023 – OCTOBER 14, 2023 AND OCTOBER 15, 2023 – OCTOBER 28, 2023
City Council approved:
a. gross payroll in the amount of $1, 202,921.35; the payroll check numbers 38017 - 38024 and the voucher numbers 324277 – 32476 8, 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 am ount of $1,173,671.89; the pa yroll check numbers 38025 – 38031 and the voucher numbers 324769 – 32526 1, in the total net amount of $874,774.84 for the pay period October 15, 2023 – October 28, 2023.
COMMERCIAL DEMANDS
City Council approved the warrant register period October 10, 2023 – October 30, 2023, in the total amount of $6,952,663.84.
CLAIMS AGAINST THE CITY
City Council denied the claims filed by Me lanie Paz, Ayanna Smith, and Wawanesa Insurance on behalf of Armando Hidalgo.
PLANNING COMMISSION SYNOPSIS – OCTOBER 25, 2023
No action taken.
Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
5 ORDINANCE NO. 23-1743 - ZONE CHANGE NO. 2022-05 - 13310 ROSECRANS AVENUE
City Council adopted Ordi nance No. 23-1743, AN ORDINA NCE OF THE CITY OF
NORWALK SETTING FORTH ITS FINDINGS OF FACT AND DECISION APPROVING ZONE CHANGE NO. 2022-05 FOR 13310 ROSECRANS AVENUE.
PROJECT NO. 7928.1 - ACCEPT WORK FOR LOCAL STREETS REHABILITATION PROGRAM – PHASE 2 ZONE 8 (CO NCRETE IMPROVEMENTS) – ENGINEERS REPORT 23-20
City Council accepted 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).
AWARD OF CONTRACTS TO PROVIDE ON -CALL COMMUNITY DEVELOPMENT
CONSULTANT AND ADDITIONAL SERVICES
City Council approved agreements with 27 selected firms: 4LEAF, Inc., Bowman Infrastructure Engineers Ltd, Bureau Veritas North America, Inc., Chambers Group, Civic Solutions, CSG Consultants, Inc., De Novo Planning Group, EcoTierra Consulting Group, FirstCarbon Solutions, JWA Urban Consult ants, Inc., Linscott, Law and Greenspan, Engineers, LRM Associates, Inc., LSA Associates, Inc., Michael Baker International, MIG, Inc., PlaceWorks, Psomas, Rincon Consultants, Inc., RKA Consulting, RS Construction Services, Inc., Sagecrest Planning+Environm netal, Scott Fazekas and Associates, Inc., The Arroyo Group, The Code Group, Inc., Transtech Engineers, TRB and Associates; and Willdan Engineering, 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 authorized 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.
RESOLUTION NO. 23-67 – BUDGET AMENDMENT AND PROFESSIONAL SERVICES AGREEMENT AMENDMENT FOR BUCK NAM AND ASSOCIAT ES INC. FOR
UTILITIES PROGRAM MANAGEMENT AND UTILITIES ENGINEERING SUPPORT
SERVICES
City Council:
a. adopted Resolution No. 23-67, A RESO LUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROP RIATE AVAILABLE ENTERPRISE Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
6 FUNDS FOR PROFESSIONAL SERVI CES FOR UTILITIES PROGRAM MANAGEMENT AND UTILITIES ENGINEER ING SUPPORT SERVICES, in the amount of $144,325; and
b. approved 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 authorized the City Manager to execute the amendment, provided there is funding in the budget, on behalf of t he City, in a form approved by the City Attorney.
RESOLUTION NO. 23-65 -– APPOINTING A MEMBER AND ALTERNATE TO THE
GOVERNING BOARD AND AG REEMENT WITH THE LOS ANGELES GATEWAY
REGION INTEGRATED REGIONAL WA TER MANAGEMENT JOINT POWERS
AUTHORITY FOR COST SH ARING FOR THE INSTALLA TION OF MONITORING
EQUIPMENT AND MONITO RING PURSUANT TO THE HARBOR TOXIC
POLLUTANTS TOTAL MAXIMUM DAILY LOADS
City Council:
a. adopted Resolution No. 23-65, A RESO LUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK APPOINTING A ME MBER AND ALTERNATE TO THE LOS
ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY GOVERNING BOARD; and
b. approved an amendment to the agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Po wers Authority, for three additional years up to June 30, 2026, for an amount not-to-exceed $12,773.11, and authorized 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.
PROJECT NO. 7442 – RESOLUTION NO . 23-63 BUDGET AMENDMENT – CHANGE
ORDER AND AGREEMENT AMENDMENT FOR STEPHEN DORE CK EQUIPMENT RENTALS, INC. FOR WATER MAIN REPLACEMENT ON PIONEER BOULEVARD FROM 160TH TO 166TH STREET
City Council:
a. adopted Resolution No. 23-63, A RESO LUTION OF THE CITY COUNCIL OF THE
CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROP RIATE 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 Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
7 b. authorized 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.
APPOINTMENTS
ADVISORY BODY APPOINTMENTS
Mayor Valencia moved and Councilmember Ramirez seconded to re-appoint Don Valenzuela to the Parks and Recreation Commission.
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, and Ramirez, Vice Mayor Rios and Mayor Valencia
NOES: None
ABSENT: None
PUBLIC HEARINGS
*Councilmember Ramirez left the meeting prior to the following item.
ORDINANCE NO. 23-1744 – ZONING TEXT AMENDMEN T 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
Mayor Valencia opened the public hearing to consider Ordinance No. 23-1744 for the Zoning Text Amendment No 2023-01 to Amend Various Se ctions of Title 17 of the Norwalk Municipal Code. The City Clerk pr esented a report on the legal requisites for notice of hearing. Jill Anne Arabe, Development Services Manager provided a report.
Raymond Martinez and Irene Martinez spoke in favor of this matter, Mayor Valencia closed the public hearing. Councilmember Perez moved and Vice Mayor Rios seconded to:
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 TH E 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 FINDI NGS OF FACTS AND DECISION Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
8 APPROVING ZONE CHA NGE NO. 2023-01, and schedule for adoption. MOTION CARRIED BY THE FOLLOING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, Vice Mayor Rios, and Mayor Valencia NOES: None
ABSENT: Councilmember Ramirez
*Vice Mayor Rios left the dais prior to the following item.
ORDINANCE NO. 23-1746 – ZONING TEXT AMENDMEN T NO. 2023-02 TO AMEND VARIOUS SECTIONS OF TITLE 17 OF THE NORWALK MUNICIPAL CODE TO
STREAMLINE THE PRECISE DEVELOPMENT PLAN PROCESS
Mayor Valencia opened the public hearing to consider Ordinance No 23-1746- Zoning Text Amendment No 2023 to Amend Various Sections of Title 17 of the Norwalk Municipal Code to Streamline the Precise Development Plan Process. The City Clerk presented a report on the legal requisites for notice of hearing. Ms. Arabe prov ided a report. There being no persons wishing to testify in this matter, Mayor Valencia closed the public hearing. Councilmember Ayala moved and Councilmember Perez seconded to introduce by title only Ordinance No. 23-1746, AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING) OF THE NORWALK MUNICIPAL CODE
AUTHORIZING THE COMMUNITY DEVELOPM ENT DIRECTOR TO INITIATE AND MAKE DECISIONS ON PRECISE DEVELOP MENT PLAN APPLICATIONS, and schedule for adoption. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, and Mayor Valencia
NOES: None
ABSENT: Councilmember Ramirez and Vice Mayor Rios
*Vice Mayor Rios returned to the dais prior to the following item.
PUBLIC HEARING - RESOLUTION N O. 23-68 – SUSTAINABILITY, ENERGY
EFFICIENCY AND INFRASTRUCTURE IMPROVEMENT PROJECT
Mayor Valencia opened the public hearing to consider Resolution No. 23-68 Sustainability, Energy Efficiency and Infrastructure improvement project. The City Clerk presented a report on the legal requisites fo r notice of hearing. Mr. Gomez provided a report. Katrina spoke on the matter; there being no other per sons wishing to speak on the matter City Council discussion ensued. Sco tt Meinzen, Vice President and General Manager of Syserco Energy Solutions Inc., a ddressed concerns of warranties, longevity of the company, and equipment. Mayor Va lencia closed the public hearing.
Councilmember Perez moved and Vice Mayor Rios seconded to:
a. adopt Resolution No. 23-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NORWALK MAKING FINDINGS P URSUANT TO GOVERNMENT CODE Minutes of the Closed Session and Regular Meetings
Norwalk City Council
November 7, 2023
9 SECTION 4217.12(A)(1)-(2) AND AUTHOR IZING THE CITY MANAGER TO
FINALIZE NEGOTIATIONS THAT ARE IN THE BEST INTERESTS OF THE CITY
FOR AN ENERGY SERVICES CONT RACT WITH SYSERCO ENERGY
SOLUTIONS, INC. FOR THE ACQUIS ITION 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.
MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:
AYES: Councilmembers Ayala, Perez, Vice Mayor Rios, and Mayor Valencia NOES: None
ABSENT: Councilmember Ramirez
ORAL COMMUNICATIONS
Addressing City Council in person were D onald Valenzuela, Richard Legaspi, Richard Lambert, Joseph Trevizu, and Aida V. via videoconference.
ADJOURNMENT
There being no further business to come before City Council, the meeting was adjourned at 8:28 p.m., in memory of Leola Mooney.
____________________________
THERESA DEVOY, CMC
CITY CLERK
ATTEST:
____________________________
ANA VALENCIA
MAYOR
20231118
825-04
MINUTES OF THE SPECIAL MEETING
NORWALK CITY COUNCIL
NORWALK, CALIFORNIA
NOVEMBER 18, 2023
SPECIAL MEETING
Mayor Valencia called the special meeting to or der at 9:00 a.m. in t he U.S. Constitution Room 4, City Hall, 12700 Norwalk Boulevard, Norwalk, California. Responding to roll call were Councilmembers Ayala, Perez, and Ramirez, and Mayor Valencia; Vice Mayor Rios was absent. Also present were Jesus M. Gomez, City Manager, and Theresa Devoy, City Clerk.
REPORT
HOMELESS PLAN PRESENTATION
Mr. Gomez opened the meeting by introducing Elizabeth Funk, Chief Executive Officer of DignityMoves, who presented a report regardi ng the Strategic Action Plan to Address Homelessness in the City. The five key performance measures discussed were supportive Housing, Outreach Response, Pr evention Programs, Data Systems, and Better Outcomes. City Council discussed how the funds are being distributed and utilized; establishing the trust of homeless individuals so that help/housing will be accepted; and Care Court.
Addressing City Council was Martha Mesa in favor of the matter. 445
*Councilmember Ayala left the meeting prior to the following item.
RENT STABILIZATION
The City Attorney announced that City Council woul d be continuing this item to another date so that all members could be present, but the remaining members would listen to comments from the community members present for this item, if they chose to speak at this time. Addressing City Council were: Jesse Flores, Martha Mesa, and Judith Llerena.
Emails were submitted by Venezia Ramirez, Lizette, Abigail Farro, Alejandro Alvarado, Karenina Alfaro, Dorothy and Richard Sanchez, Yvonne Carvalho, Sairy Gil, Jani Ward, Jesse Flores, and Tonalli Gallegos-Solozano all in favor of the matter.
City Council continued this item to a date to be determined.
Minutes of the Special Meeting
Norwalk City Council
November 18, 2023
2 ADJOURNMENT
There being no further business to come before City Council, the meeting was adjourned at 11:39 a.m.
____________________________
THERESA DEVOY
CITY CLERK, CMC
ATTEST:
____________________________
ANA VALENCIA
MAYOR
City Council Agenda Report
December 5, 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 29, 2023 – NOVEMBER 11, 2023 AND NOVEMBER 12, 2023 – NOVEMBER 25, 2023
Background:
The City’s gross payroll cost for the periods of October 29, 2023 – November 11, 2023 total $1,204,506.42 and November 12, 2023 – November 25, 2023 total $1,176,938.98.
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 $1,204,506.42; the payroll check numbers 38032 - 38037 and the voucher numbers 325262 – 325757 in the total net amount of $894,422.17 for the pay period October 29, 2023 – November 11, 2023; and
City Council December 5, 2023
Payroll for the Periods October 29, 2023 – November 11, 2023 and November 12, 2023 – November 25, 2023
Page No. 2
4 0
8 b. gross payroll in the amount of $1,176,938.98; the payroll check numbers 38038 – 38042 and the voucher numbers 325758 – 326251 in the total net amount of $862,893.46 for the pay period November 12, 2023 – November 28, 2023.
Attachments:
N/A
CITY OF NORWALK
FINAL WARRANT REGISTER
November 1, 2023 through November 13, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
1 ALICIA BEAS
RESERVATION REFUND
191743
$2,077.50
2 ANGEL GUERRERO
REPLACED REFUND CHECK 190749
191744
$500.00
3 BUENO GROUP INC
ONE WAYS REHAB PROGRAM
191745
$25,550.00
4 CJ CONCRETE CONSTRUCTION INC
RETENTION RELEASE/ PROJECT 7927
191747
$88,232.35
5 GOVCONNECTION INC
VMWARE PRO SOFTWARE
191748
$910.14
6 CUMMINS INC
CUMMINS SOFTWARE
191749
$1,203.94
7 SOUTHERN CA SECURITY CENTERS INC
LOCK & SECURITY SERVICESS
191750
$3,810.44
8 HONEYCOTT INC
INSECT/BEE REMOVAL
191751
$175.00
9 DOWNEY DOLPHINS SWIM CLUB INC
STINGRAYS SWIM COMPETITION FEE
191752
$253.50
10 ENDRUN TECHNOLOGIES LLC
HARDWARE SOFTWARE
191753
$1,405.68
11 THE ABY MANUFACTURING GROUP INC
SERGEANT BADGES
191754
$627.88
12 ADMINISTRATIVE SERVICES CO-OP
DIAL-A-RIDE SERVICES
191755
$2,987.36
13 GILLIG LLC
OEM PARTS
191756
$1,837.68
14 HANSON DISTRIBUTING COMPANY
SHOP SUPPLIES
191757
$110.10
15 I COPY INC
TECH INFRASTRUCTURE UPGRADE
191758
$212,072.70
16 JOE A GONSALVES & SON
LOBBYING FIRM SERVICES
191759
$2,420.00
17 JOHNSON CONTROLS US HOLDINGS INC
TRANSIT/PUBLIC SERVICES ALARM
191760
$2,288.14
18 COUNTY OF LA DEPT OF PUBLIC WORKS
INDUSTRIAL WASTE SERVICES FOR SEWER
191761
$3,808.23
19 LA COUNTY FIRE DEPARTMENT
HAZARDOUS MATERIAL PROGRAM
191762
$4,470.00
20 ISG LAS BRISIS LP
SECURITY DEPOSIT FEE
191763
$1,343.00
21 LU'S LIGHTHOUSE INC
OIL SAMPLE KITS
191764
$630.42
22 MICHELLE LOPES
UTILITY BILLING REFUND
191765
$500.00
23 MONIQUE QUANDT-COLLIER
UTILITY BILLING REFUND
191766
$114.76
24 JOE'S SWEEPING INC
SHOPPING CART RETRIEVAL
191767
$1,709.82
25 PATRICK HENDERSON
RESERVATION REFUND
191768
$900.00
26 ROBERT THEODORE DRIESLEIN
STATE OF THE CITY SERVICES
191769
$381.47
27 R & R FIRE PROTECTION
VEHICLE FIRE EXTINGUISHER TESTING
191770
$622.60
28 ROADLINE PRODUCTS INC USA
MISCELLANEOUS EQUIPMENT REPAIRS
191771
$11,753.19
29 SONSRAY MACHINERY LLC
CASE TRACTOR & BACKHOE PARTS
191773
$206.36
30 SOUTH BAY FORD LINCOLN INC
OEM FORD PARTS
191774
$540.30
31 TRI WEST MECHANICAL INC
REPAIRS - SENIOR CENTER
191775
$4,271.12
32 UNIFIRST CORPORATION
UNIFORMS/CITY WIDE
191777
$2,632.31
33 4LEAF INC
CONSULTING SERVICES
191778
$180.00
34 ABRAHAM CASTRO
REFUND NASC DEPOSIT
191779
$500.00
35 ASSOCIATED CONSTRUCTION
SERIVCES GROUP
ONE-WAYS REHAB PROGRAM
191780
$28,824.80
36 ASSOCIATED CONSTRUCTION
SERVICES GROUP
ONE-WAYS REHAB PROGRAM
191781
$28,024.30
CITY OF NORWALK
FINAL WARRANT REGISTER
November 1, 2023 through November 13, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
37 ASSOCIATED CONSTRUCTION
SERVICES GROUP
ONE-WAYS REHAB PROGRAM
191782
$33,540.15
38 ADVANTEC CONSULTING ENGINEERS INC
PRJ 7240 PROFESSIONAL SERVICES
191783
$572.00
39 AEG SOLUTIONS INC
PLOTTER SUPPLIES
191784
$1,413.78
40 AMBROS CONSTRUCTION INC
ONE-WAYS REHAB PROGRAM
191785
$6,767.49
41 AMBROS CONSTRUCTION INC
ONE-WAYS REHAB PROGRAM
191786
$26,128.89
42 AMBROS CONSTRUCTION INC
ONE-WAYS REHAB PROGRAM
191787
$9,951.47
43 SAUL RAMIREZ
AUDIO/VETERANS DAY
191788
$1,290.00
44 ARACELI AVALOS
FORFEIT NASC RESERVATION
191789
$485.00
45 ARLENE YOUNG
FITNESS INSTRUCTOR
191790
$168.00
46 AUTO LIFT SERVICES INC
PREVENTATIVE MAINTENANCE & REPAIR
191791
$565.00
47 BOBBY ENRIQUEZ
FORFEIT NASC RESERVATION
191792
$970.00
48 DISTRICT LODGE 947, IAMAW
EMPLOYEE UNION DUES
191793
$5,033.57
49 CONTINENTAL BATTERY COMPANY
AUTOMOTIVE AND BUS BATTERY
191794
$257.14
50 CORODATA RECORDS MANAGEMENT INC
RECORD STORAGE SERVICES - CITY WIDE
191795
$197.75
51 CSG CONSULTANTS INC
CITY PROJECT 7859 SERVICES
191796
$8,105.00
52 KOSMONT & ASSOCIATES INC
ECONOMIC DEVELOPMENT SERVICES
191797
$912.60
53 TERMINIX INTERNATIONAL COMPANY LP
PEST CONTROL SERVICES
191798
$500.00
54 DEPARTMENT OF HUMAN RESOURCES
UNION DEDUCTIONS/SEPTEMBER 23
191799
$1,126.89
55 DEWEY SERVICES INCORPORATED
PEST CONTROL SERVICES
191800
$600.00
56 FCG CONSULTANTS INC
MANAGEMENT & INSPECTION SERVICES
191801
$10,072.00
57 ADMINISTRATIVE SERVICES CO-OP
TAXI CARD SERVICES
191802
$6,660.03
58 FRANCHISE TAX BOARD
PAYROLL DEDUCTIONS 11/03/23
191803
$431.00
59 GABRIEL AGUILAR
REFUND SECURITY DEPOSIT
191804
$1,000.00
60 GENERAL CONSTRUCTION INNOVATION
INC
ONE-WAYS REHAB PROGRAM
191805
$26,532.50
61 WW GRAINGER INC
MAINTENANCE SUPPLIES
191806
$87.20
62 GUSTAV BONSE
REFUND SECURITY DEPOSIT
191807
$2,040.00
63 ISLAS TIRES INC
NEW TIRES
191808
$112.00
64 JUDITH A NORMAN
CONSULTING SERVICES
191809
$3,437.50
65 JOAO CANCELA
RENTAL ASSISTANCE/SOCIAL SERVICES
191810
$2,440.00
66 JOHNATHAN HOLGUIN
REFUND NASC DEPOSIT
191811
$500.00
67 JOHNSON CONTROLS US HOLDINGS INC
SOCIAL SERVICES - ALARMS
191812
$569.12
68 LOS ANGELES COUNTY SHERIFFS DEPT
CRIME SUPRESSION DEPUTY
191813
$15,568.55
69 LUIS RODRIGUEZ
REFUND SECURITY DEPOSIT
191814
$1,000.00
70 MARK LANE CIVIC CENTER PLAZA LP
REFUND SECURITY DEPOSIT
191815
$250.00
71 MARY FUSITUA
RESERVATION REFUND
191816
$1,400.00
72 MICHAEL JACKSON
FITNESS INSTRUCTOR
191817
$180.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 1, 2023 through November 13, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
73 MISTER PIP LLC
REFUND SECURITY DEPOSIT
191818
$2,300.00
74 MOON KYU IM
TAE KWON DO INSTRUCTOR
191819
$1,416.00
75 NORWALK PRINTERS INC
BUSINESS CARDS
191820
$979.69
76 NORWALK-LA MIRADA SCHOOL DIST
NORWALK HIGH SCHOOL CONTRIBUTIONS
191821
$100.00
77 ORBIT RENTALS INC
LIGHT TOWERS/HERMOSILLO PARK
191822
$1,919.08
78 PETER HUIZAR
REFUND SECURITY DEPOSIT
191823
$1,000.00
79 PREFERRED PROPERTY MAINTENANCE
REFUND SECURITY DEPOSIT
191824
$1,000.00
80 ROBERT THEODORE DRIESLEIN
BANNER MERCY HOUSE
191825
$1,637.21
81 RANDY BERRIOS
REFUND NASC DEPOSIT
191826
$500.00
82 RAY RESURRECCION
REFUND GUITAR DEPOSIT
191827
$75.00
83 MOBILE RELAY ASSOCIATES
RADIO RELEASE SERVICES
191828
$5,948.00
84 RAYMOND VASQUEZ JR
REFUND SECURITY DEPOSIT
191829
$1,000.00
85 RELIANCE BUILDING SERVICES
REFUND SECURITY DEPOSIT
191830
$1,048.13
86 THE DOOR OF HOPE YOUTH & FAMILY
CONTRIBUTION/AV
191831
$1,000.00
87 RIO HONDO COMM COLLEGE DISTRICT
DISPATCH TRAINING
191832
$280.00
88 SHOWCARD SIGN CO INC
SHOP SUPPLY DECALS
191833
$338.25
89 SID LOPEZ
RENTAL ASSISTANCE/SOCIAL SERVICES
191834
$2,900.00
90 SOROPTIMIST INTL OF THE AMERICAS
CONTRIBUTION/TA
191835
$500.00
91 SOUTHERN CALIF EDISON COMPANY
UTILITY ASSISTANCE/SOCIAL SERVICES
191836
$667.87
92 LUIS LEON
STAFF TRAINING CATERING
191837
$849.20
93 TERRA REALTY ADVISORS INC
CONSULTANT SERVICES
191838
$2,584.90
94 SOUTHERN CALIFORNIA GAS COMPANY
UTILITY ASSISTANCE/SOCIAL SERVICES
191839
$315.10
95 THE HITT COMPANIES
PRE-INK STAMP
191840
$105.16
96 THE LEFLORE GROUP LLC
PROJECT MANAGEMENT SERVICES
191841
$1,480.00
97 THE DOWNEY PATRIOT INC
BID NOTICE ADVERTISEMENT
191842
$542.25
98 TODD CONSTRUCTION SERVICES
REFUND SECURITY DEPOSIT
191843
$15,000.00
99 TONY GALLARDO
REFUND SECURITY DEPOSIT
191844
$500.00
100
TRANSTECH ENGINEERS INC
MANAGEMENT & INSPECTION SERV ICES
191845
$4,776.50
101
URIEL RAMIREZ
CLASS INSTRUCTOR
191846
$2,403.00
102
USA WASTE OF CALIFORNIA INC
HAZARDOUS WASTE DISPOSAL
191847
$346.95
103
VANESSA GOMEZ
REFUND GUITAR DEPOSIT
191848
$75.00
104
VASQUEZ & COMPANY LLP
ACFR & SCO FINANCIAL REPORTS
191849
$38,000.00
105
VERIZON BUSINESS NETWORK SERVICES
UTILITES/CITY-WIDE
191850
$45.12
106
VERIZON BUSINESS NETWORK SERVICES
UTILITIES/CITY-WIDE
191852
$3,870.11
107
UNIVERSAL WASTE SYSTEMS
PORTABLE RESTROOM
191853
$3,905.00
108
WILLDAN ENGINEERING
CONSTUCTION MANAGEMENT/INSPECTION
191854
$34,036.19
109
CWF INC
TENT RENTAL
191855
$14,000.00
110
ASSOCIATED CONSTRUCTION SERVICES GROUP
ONE-WAYS REHAB PROGRAM
191856
$15,107.20
CITY OF NORWALK
FINAL WARRANT REGISTER
November 1, 2023 through November 13, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
111
COASTAL OCCUPATIONAL MEDICAL GROUP
MEDICAL SCREENINGS
191857
$985.00
112
AMANO MCGANN INC
POOL CHEMICAL SUPPLY
191858
$750.00
113
AMERICAN MOVING PARTS LLC
HEAVY DUTY BRAKE PARTS
191859
$2,542.14
114
B & W COMMUNICATIONS INC
RADIO EQUIPMENT REPAIR SERVICES
191860
$115.76
115
SULLY MILLER CONTRACTING CO
HOT MIX
191861
$315.10
116
BRENNAN ESTIMATING SERVICES
CAC REPAIRS
191862
$1,723.75
117
CLEAN ENERGY
CNG STATION MAINTENANCE SERVICES
191863
$13,300.67
118
TROOPK7 INC
SANDWICHES/VETERANS DAY
191864
$1,166.72
119
CITY OF CERRITOS
PURCHASE OF WATER
191865
$36,424.82
120
CLINICAL LAB OF SAN BERNARDINO INC
LAB SERVICES WATER TESTING
191866
$118.43
121
CONTINENTAL BATTERY COMPANY
AUTOMOTIVE AND BUS BATTERY
191867
$190.60
122
CUMMINS INC
OEM PARTS
191868
$1,606.36
123
DAVID RODRIGUEZ
REFUND OVERPAYMENT CITATION
191869
$45.00
124
DELIA HERNANDEZ
REFUND OVERPAYMENT CITATION
191870
$45.00
125
COUNTY OF LOS ANGELES
SNACK SHACK PERMIT
191871
$8.09
126
DIVINE GRACE CONSTRUCTION
REFUND SECURITY DEPOSIT
191872
$2,651.58
127
ECONOLITE CONTROL PRODUCTS INC
TRAFFIC EQUIPMENT
191873
$1,188.37
128
ENTERPRISE FM TRUST
VEHICLE LEASES/NOVEMBER
191876
$42,727.87
129
FALCON FUELS INC
DIESEL & UNLEADED FUEL
191877
$34,482.16
130
FIRST TRANSIT INC
DIAL-A-RIDE ADVANCED RESERVATIONS
191878
$99,044.31
131
FULL SAIL ENTERPRISES INC
DESIGN SERVICES/STUFF-A-BUS
191879
$1,440.00
132
GILLIG LLC
OEM PARTS
191880
$51.49
133
GOLDEN STATE WATER COMPANY
REPLACE CHECK #191219
191881
$9,711.14
134
GRACIELA Z BEAS
REFUND OVERPAYMENT CITATION
191882
$65.00
135
WW GRAINGER INC
MAINTENANCE SUPPLIES
191883
$974.75
136
GREENCYCLE
GREEN WASTE RECYCLING
191884
$1,232.31
137
HANSON DISTRIBUTING COMPANY
AUTOMOTIVE PARTS
191885
$315.50
138
HERMINIO RODRIGUEZ
UTILITY BILLING REFUND
191886
$10.87
139
HONESTY TORRES
REPLACE CHECK #191051
191887
$500.00
140
ISLAS TIRES INC
NEW TIRES
191888
$148.48
141
JAMES H DYKSTRA
FED ADVOCACY SERVICES
191889
$2,000.00
142
JAVIER VARGAS
REFUND OVERPAYMENT CITATION
191890
$45.00
143
JEFFERY W OR KATHY A PORTER
REFUND OVERPAYMENT CITATION
191891
$90.00
144
JINSUNG LEE
UTILITY BILLING REFUND
191892
$75.12
145
JORDAN CORRAL
UTILITY BILLING REFUND
191893
$25.19
146
LEILA PROCOPIO-MAKUH
REISSUE CHECK 1#91600
191894
$3,881.25
147 LUIS ONTANEDA BUS PASS REIMBURSEMENT 191895 $22.25
CITY OF NORWALK
FINAL WARRANT REGISTER
November 1, 2023 through November 13, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
148
MARIA AVILA
CLASS INSTRUCTOR
191896
$180.00
149
MARRS SERVICES INC
METROLINK MODERNIZATION PROJECT
191897
$3,000.00
150
MUNICIPAL EQUIP MTCE ASSOCIATION
ANNUAL MEMBERSHIP DUE
191898
$275.00
151
JALYSSA INC
CREDIT CHECK SERVICES
191899
$528.30
152
JOE'S SWEEPING INC
BUS STOP MAINTENANCE
191900
$115,983.15
153
NORWALK CHAMBER OF COMMERCE
CITY CONTRIBUTION
191901
$3,458.34
154
VERANDA ASSOCIATES LP
RENTAL ASSISTANCE/SOCIAL SERVICES
191902
$1,558.51
155
P F SERVICES INC
UNDERGROUND STORAGE TANK
191903
$370.00
156
PHILEMON J JUNG
REFUND OVERPAYMENT CITATION
191904
$45.00
157
PITNEY BOWES INC
DUPLIICATION SUPPLIES
191905
$12.12
158
ROBERT THEODORE DRIESLEIN
GREEN ORGANIC MAGNETS
191906
$525.34
159
RAFAEL TRUJILLO
REFUND OVERPAYMENT CITATION
191907
$45.00
160
ROADLINE PRODUCTS INC USA
MISCELLANEOUS EQUIPMENT REPAIR
191908
$3,621.90
161
SELECT ELECTRIC INC
CONSTRUCTION/PROJECT 7228
191909
$218,418.85
162
SHELTER CLEAN SERVICES INC
BUS SHELTER REPAIR SERVICES
191910
$485.00
163
SOUTHERN CALIFORNIA GAS COMPANY
BIOGAS FUEL SERVICES
191911
$25,283.94
164
SOROPTIMIST VILLAGE FOUNDATION
CONTRIBUTION/TA
191912
$500.00
165
SOUTHERN CALIF EDISON COMPANY
UTILITIES/CITY-WIDE
191913
$29,504.27
166
STANDARD INSURANCE COMPANY
EXECUTIVE MANAGEMENT INSURANCE/NOV2023
191914
$984.34
167
SUSAN CALDERA
REFUND PENALTY FEE
191915
$375.00
168
SUSAN E GARD
RENTAL ASSISTANCE/SOCIAL SERVICES
191916
$1,700.00
169
TRI WEST MECHANICAL INC
REPAIRS - CITY-WIDE
191917
$1,040.00
170
ELIOR INC
CONGREGATE MEALS CATEGORY-1
191918
$98,384.77
171
UNITED STATES POSTAL SERVICE
NORWALK NOW POSTAGE
191919
$5,723.40
172
URBAN RESTORATION GROUP US INC
GRAFFITI REMOVAL CHEMICALS
191920
$3,306.68
173
YMCA OF GREATER WHITTIER
CONTRIBUTION/TA
191921
$600.00
174
BARRY ROBINSON
REPLACED CHECK #191772
191922
$5,101.13
175
ERVY RODRIGUEZ
FITNESS CLASS INSTRUCTOR
V16452
$420.00
176
MARGARET B MEJIA
HOMEMAKING/SENIOR GRANT
V16453
$210.00
177
NANCY GALICIA
HOMEMAKING/SENIOR GRANT
V16454
$612.50
178
ODILIA C ROSALES
HOMEMAKING/SENIOR GRANT
V16455
$140.00
179
PHILIP OLAOLU TEMIDARA
FITNESS INSTRUCTOR
V16456
$42.00
180
THERESA MARIE MENDOZA
HOMEMAKING/SENIOR GRANT
V16458
$70.00
181
CARPI & CLAY INC
FEDERAL ADVOCACY SERVICES
V16459
$2,000.00
182
MARIO ENRIQUE MERA
MANAGEMENT SUPPORT SERVICES
V16460
$10,665.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 1, 2023 through November 13, 2023
*****Total Warrants**** $1,566,480.25
Notes:
Voided Check(s):
I hereby certify that the claim of demand covered by the above listed warrants have been audited as to accuracy and the funds are available for payment.
Jana Stuard, Finance Director
191746, 191772, 191776, 191851, 191874, 191875
v16457
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
1 ADRIAN ESTEVES
REFUND PEEWEE BASKETBALL
191923
$25.00
2 AMY CONTRERAS
MILEAGE REIMBURSEMENT
191924
$118.69
3 ANDREA GARCIA
REFUND YOUTH BASKETBALL
191925
$80.00
4 GOVCONNECTION INC
MERAKI ONE-YEAR RENEWAL
191926
$14,113.33
5 GABRIEL PAUL GARCIA
EXPENSE ALLOWANCE/NOVEMBER
191927
$200.00
6 MIGUEL A. GARCIA
CALACT CONFERENCE/REIMBURSEMENT
191928
$582.50
7 JAVIER VALADEZ
REFUND PEWEE BASKETBALL
191929
$25.00
8 KARINA TORREZ
REFUND YOUTH BASKETBALL
191930
$80.00
9 KIMBERLY SUE APODACA
EXPENSE ALLOWANCE/NOVEMBER
191931
$200.00
10 LOS ANGELES COUNTY SHERIFFS DEPT
CRIME SUPRESSION DEPUTY
191932
$210.47
11 LATINOS IN TRANSIT
MEMBERSHIP FEE
191933
$2,500.00
12 LINDA MARTINA LOPEZ
EXPENSE ALLOWANCE/NOVEMBER
191934
$200.00
13 LUIS R NAVAS
EXPENSE ALLOWANCE/NOVEMBER
191935
$200.00
14 NORWALK-LA MIRADA SCHOOL DISTRICT
CONTRIBUTION/MR
191936
$350.00
15 ONLINE INFORMATION SERVICES INC
UTILITY EXCHANGE REPORT
191937
$58.12
16 PARKS COFFEE CALIFORNIA
SUPPLIES AND SERVICES
191938
$1,947.65
17 ROSA BARRAGAN
EXPENSE ALLOWANCE/NOVEMBER
191939
$200.00
18 SUSAN E GARD
REPLACE CHECK191916/RENTAL ASSISTANCE
191940
$1,700.00
19 GARV INC
PREVENTATIVE SERVICES MAINTENANCE
191941
$370.00
20 THERESA A CLARK
CALACT CONFERENCE/REIMBURSEMENT
191942
$466.24
21 THE MERINO GROUP
TEMPORARY STAFFING
191943
$10,640.00
22 VERONICA GOMEZ
REFUND YOUTH BASKETBALL
191944
$40.00
23 WILLDAN ENGINEERING
ENGINEERING SERVICES
191945
$7,311.00
24 ANGELA GARNICA GARCIA
CHILD CARE ST1/SEPTEMBER 23
191946
$837.98
25 APRIL YVETTE ORTEGA
CHILD CARE ST1/OCTOBER 23
191947
$1,194.38
26 GROW AND LEARN CENTER
CHILD CARE ST1/OCTOBER 23
191948
$4,091.07
27 CARMEN ALCARAZ
CHILD CARE ST1/OCTOBER 23
191949
$1,132.58
28 CECILIA GARCIA
CHILD CARE ST1/OCTOBER 23
191950
$562.63
29 EFROCINA HERNANDEZ
CHILD CARE ST1/OCTOBER 23
191951
$1,132.56
30 ELIZABETH L PIMENTEL
CHILD CARE ST1/OCTOBER 23
191952
$1,132.56
31 ERNESTO HERRERA
CHILD CARE ST1/OCTOBER 23
191953
$755.44
32 FIDELIA LOPEZ
CHILD CARE ST1/OCTOBER 23
191954
$1,030.14
33 VILLAGRAN & MUNOZ FAMILY CHILDCARE
CHILD CARE ST1/OCTOBER 23
191955
$1,254.08
34 HECTOR FERREYRA NAVARRO
CHILD CARE ST1/OCTOBER 23
191956
$877.88
35 IRMA DEBRA CORELLA
CHILD CARE ST1/OCTOBER 23
191957
$755.44
36 IRMA L MENDOZA
CHILD CARE ST1/OCTOBER 23
191958
$849.46
37 JAVIER MEZA
CHILD CARE ST1/OCTOBER 23
191959
$755.44
38 JOHN M RUIZ
CHILD CARE ST1/OCTOBER 23
191960
$438.94
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
39 JOHNNA MONIQUE AMBRIZ
CHILD CARE ST1/OCTOBER 23
191961
$200.94
40 JUAN JOSE LEMUS
CHILD CARE ST1/OCTOBER 23
191962
$877.88
41 JUSTIN IVAN GONZALEZ
CHILD CARE ST1/OCTOBER 23
191963
$554.10
42 ALLEN FAMILY DAY CARE LLC
CHILD CARE ST1/AUGUST 23
191964
$3,014.09
43 KIAIRA TYLECE BRYANT
CHILD CARE ST1/OCTOBER 23
191965
$1,318.07
44 LAURA GONZALES
CHILD CARE ST1/OCTOBER 23
191966
$1,318.07
45 LITTLE LAKE CITY SCHOOL DISTRICT
CHILD CARE ST1/AUGUST 23
191967
$1,257.64
46 MARGARITA AUDETAT DE MONTOYA
CHILD CARE ST1/OCTOBER 23
191968
$2,482.78
47 MARIA ALEJANDRINA GARCIA
CHILD CARE ST1/OCTOBER 23
191969
$438.94
48 MARIA ANGELINA VEGA PONCE
CHILD CARE ST1/OCTOBER 23
191970
$438.94
49 MARIA DEL CARMEN PEREZ
CHILD CARE ST1/OCTOBER 23
191971
$438.94
50 MARIA ISELA CARDENAS
CHILD CARE ST1/OCTOBER 23
191972
$1,099.68
51 MARIA REFUGIO CARDENAS
CHILD CARE ST1/OCTOBER 23
191973
$438.94
52 MARIO JOSE LOPEZ
CHILD CARE ST1/OCTOBER 23
191974
$2,636.14
53 MARJANI WILLIAMS
CHILD CARE ST1/OCTOBER 23
191975
$4,340.00
54 MARTA ELENA SOTELO RAMIREZ
CHILD CARE ST1/OCTOBER 23
191976
$1,312.80
55 MARTIN S. HINCH
CHILD CARE ST1/OCTOBER 23
191977
$2,827.70
56 MARYTERE AGUAYO
CHILD CARE ST1/OCTOBER 23
191978
$849.46
57 NADINE MCGUIRE
CHILD CARE ST1/OCTOBER 23
191979
$2,910.94
58 MUFUWASI JAMES BURNS JR
CHILD CARE ST1/OCTOBER 23
191980
$755.44
59 NANCY MICHELLE SANCHEZ ROSAS
CHILD CARE ST1/OCTOBER 23
191981
$1,510.88
60 NATANAEL JOSUE JACOBO
CHILD CARE ST1/OCTOBER 23
191982
$2,250.52
61 NEW HARVEST CHRISTIAN FELLOWSHIP
CHILD CARE ST1/OCTOBER 23
191983
$462.00
62 NICOLE CONTRERAS CARRASCO
CHILD CARE ST1/OCTOBER 23
191984
$1,788.51
63 OLIVIER GARCIA LARA
CHILD CARE ST1/OCTOBER 23
191985
$741.64
64 PEDRO ABELLA ABUDA
CHILD CARE ST1/OCTOBER 23
191986
$562.63
65 RACHEL D BROWN
CHILD CARE ST1/OCTOBER 23
191987
$760.34
66 RODOLFO ROMERO JR
CHILD CARE ST1/OCTOBER 23
191988
$877.88
67 ROSALINA MAGRAMO RELLOSA
CHILD CARE ST1/OCTOBER 23
191989
$877.88
68 MARIA DEL CONSUELO RUIZ MADRIGAL
CHILD CARE ST1/OCTOBER 23
191990
$7,195.72
69 SABINA ALAMGIR
CHILD CARE ST1/OCTOBER 23
191991
$877.88
70 LORETO SALAS
CHILD CARE ST1/OCTOBER 23
191992
$4,755.11
71 SAMIR HUMAYUN
CHILD CARE ST1/SEPTEMBER 23
191993
$3,379.84
72 SHEILA DENISE ROCKYMORE
CHILD CARE ST1/OCTOBER 23
191994
$562.63
73 SINA SALEAPAGA
CHILD CARE ST1/OCTOBER 23
191995
$518.94
74 SUSAN ALDAMA
CHILD CARE ST1/OCTOBER 23
191996
$1,074.10
75 THERESA MARTINEZ
CHILD CARE ST1/OCTOBER 23
191997
$77.22
76 TINA ANGELA VASQUEZ
CHILD CARE ST1/OCTOBER 23
191998
$1,194.38
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
77 TRINITY LUTHERAN CHURCH
CHILD CARE ST1/OCTOBER 23
191999
$2,205.00
78 TRIPLE D AND CD INC
CHILD CARE ST1/AUGUST 23
192000
$6,771.00
79 TSELANE LUCRETIA GARDNER
CHILD CARE ST1/AUGUST 23
192001
$3,313.42
80 VANESSA MARIE CONTRERAS
CHILD CARE ST1/OCTOBER 23
192002
$1,880.70
81 VICTORIA ESCOBEDO HURTADO
CHILD CARE ST1/OCTOBER 23
192003
$849.46
82 OLIVIA KRISHNASWAMI
DEVELOP & PROCESS ANIMATION VIDEO
192004
$1,850.00
83 AMBROS CONSTRUCTION INC
ONE-WAYS REHAB PROGRAM
192005
$12,620.00
84 AMBROS CONSTRUCTION INC
ONE-WAYS REHAB PROGRAM
192006
$20,297.14
85 AMBROS CONSTRUCTION INC
ONE-WAYS REHAB PROGRAM
192007
$15,184.00
86 ARION GLOBAL INC
ELECTRONIC WASTE COLLECTION
192008
$2,516.75
87 ASCENDANT APP INC
COMMUNITY OUTREACH PLATFORM
192009
$5,558.00
88 BADGER METER INC
MONTHLY SERVICES
192010
$1,248.67
89 BUENO GROUP INC
ONE-WAYS REHAB PROGRAM
192011
$29,838.00
90 BUENO GROUP INC
ONE-WAYS REHAB PROGRAM
192012
$26,424.00
91 BUENO GROUP INC
ONE-WAYS REHAB PROGRAM
192013
$32,560.00
92 BUENO GROUP INC
ONE-WAYS REHAB PROGRAM
192014
$22,870.00
93 BUENO GROUP INC
ONE-WAYS REHAB PROGRAM
192015
$37,449.00
94 DISTRICT LODGE 947, IAMAW
EMPLOYEE UNION DUES
192016
$5,075.66
95 CALIFORNIA PROFESSIONAL
ENGINEERING
PROJECT CONSTRUCTION SERVICES
192017
$731,276.75
96 CHANTELL AGUILAR
FORFEIT NASC RESERVATION
192018
$305.34
97 CORELOGIC INC
NETWORK SUBSCRIBTION
192019
$622.56
98 CORODATA RECORDS MANAGEMENT INC
CHILD CARE
192020
$24.80
99 CUMMINS INC
OEM PARTS
192021
$649.68
100
DIGNITY MOVES
HOMELESSNESS PLAN
192022
$14,625.00
101
DIXON RESOURCES UNLIMITED
ONE WAYS PARKING STUDY
192023
$5,011.25
102
DRUG FREE BUSINESS
DRUG TESTING SERVICES
192024
$280.00
103
FAIR HOUSING FOUNDATION
FAIR HOUSING SERVICES
192025
$1,168.32
104
SOON M HONG
GLASS INSTALLATION HOLIFIED PARK
192026
$160.00
105
FRANCHISE TAX BOARD
PAYROLL DEDUCTIONS: 11/11/23
192027
$431.00
106
GABRIELA GARCIA
MMASC CONFERENCE REIMBURSEMENT
192028
$159.66
107
GALLS PARENT HOLDINGS LLC
UNIFORM PURCHASE PUBLIC SAFETY
192029
$840.84
108
GILLIG LLC
OEM PARTS
192030
$1,836.03
109
THE GOODYEAR TIRE & RUBBER CO
BUS TIRE LEASING SERVICES
192031
$209.05
110
HANSON DISTRIBUTING COMPANY
SHOP SUPPLIES
192032
$498.84
111
HOSE MAN INC
MISCELLANEOUS SUPPLIES
192033
$208.23
112
KONICA MINOLTA BUSINESS SOLUTIONS
PROFESSIONAL SERVICES: PLAN SCANNING
192034
$4,710.55
113
LIBERTY UTILITIES CORP
UTILITIES/CITY WIDE
192035
$17,077.78
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
114
LOS ANGELES SUPERIOR COURT
COURT SURCHARGE FEES
192036
$17,172.00
115
PATRICK MARTIN
COMMENDATION FRAME
192037
$50.00
116
SO CALIF REGIONAL RAIL AUTHORITY
FARE MEDIA
192038
$349.25
117
MUTUAL LIQUID GAS & EQUIPMENT
SUPPLY AND DELIVERY OF PRODUCT
192039
$208.58
118
GOVERNMENTJOBS.COM INC
SOFTWARE LICENSE & APPLICATION
192040
$14,000.34
119
WATER REPLENISHMENT DISTRICT
WATER QUALITY TEST/MONTHLY
192041
$46,787.89
120
SHEILA IRANI
NTS CONSULTING SERVICES
192042
$7,096.38
121
ALLAN EDGARDO PERDOMO
NRPA CONFERENCE REIMBURSEMENT
192043
$367.21
122
ROBERT THEODORE DRIESLEIN
MAGNETS/PROMO ITEMS
192044
$1,012.81
123
RAIN BARRELS INTERNATIONAL LLC
RAIN BARREL EVENT
192045
$1,939.28
124
JOSE LUIS RIVERA
MAINTENANCE EQUIPMENT REPAIR
192046
$3,555.00
125
RELIABLE MONITORING SERVICES
METHANE DETECT SERVICES
192047
$1,207.00
126
ROADLINE PRODUCTS INC USA
MISCELLANEOUS EQUIPMENT REPAIR
192048
$153.48
127
S&J SUPPLY COMPANY
MISCELLANEOUS SUPPLIES
192049
$13,222.21
128
CA PIZZA & SPORT CORPORATION
THANKSGIVING LUNCHEON
192050
$4,000.00
129
WM CURBSIDE LLC
CURBSIDE OIL PICKUPS
192051
$473.00
130
SOLTERRA AT CIVIC CENTER LP
RENTAL ASSISTANCE/SOCIAL SERVICES
192052
$3,129.00
131
SOUTHERN CALIF EDISON COMPANY
UTILITIES/CITY WIDE
192053
$1,182.72
132
SOUTHERN CALIF EDISON COMPANY
UTILITY ASSISTANCE/SOCIAL SERVICES
192054
$154.90
133
SOUTHERN CALIFORNIA GAS COMPANY
UTILITIES/CITY WIDE
192055
$4,804.79
134
WILLIAM J WADLEY INC
UNIFORMS/ACCESSORIES
192056
$25.19
135
THE PUBLIC RESTROOM COMPANY
PREFABRICATED BUILDING
192057
$94,081.00
136
TRI WEST MECHANICAL INC
REPAIRS-SENIOR CENTER
192058
$4,258.50
137
TUNNELWORKS SERVICES INC
SEWER SYSTEM MAINTENANCE SERVICES
192059
$27,016.02
138
UNITED STATES POSTAL SERVICE
NEWSLETTER POSTAGE
192060
$5,723.40
139
VALERIA MARRUFO
IAEM CONFERENCE REIMBURSEMENT
192061
$174.41
140
ANARELI FLORES
NEW RIVER PARK CONCRETE PAD
192062
$37,070.00
141
VMI INC
ADDITIONAL EQUIPMENT NEEDS
192063
$224,060.08
142
WEST COAST ARBORISTS INC
LANDSCAPE SERVICES/CITY WIDE
192064
$13,267.80
143
WEST-LITE SUPPLY CO INC
LIGHT RECYCLABLES
192065
$34.85
144
UNIVERSAL WASTE SYSTEMS
RESTROOM/EQUIPMENT RENTAL
192066
$260.00
145
ZUMAR INDUSTRIES INC
STREET SIGNS
192067
$849.20
146
AIDAN JAMES ZEPPUHAR
CHILD CARE /OCTOBER 23
192068
$549.08
147
ALICIA GASTELUM
CHILD CARE ST3/OCTOBER 23
192069
$1,318.07
148
AUDRIANNA NICOLE SCHUCK
CHILD CARE ST2/OCTOBER 23
192070
$721.10
149
BARBARA DENISE LUNA
CHILD CARE ST3/OCTOBER 23
192071
$1,125.26
150
CARMEN G BOSQUE CORDERO
CHILD CARE ST3/AUGUST 23
192072
$639.35
151
CHRISTINE MICHELLE SANDOVAL
CHILD CARE /OCTOBER 23
192073
$566.29
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
152
CRISTINA MURILLO
CHILD CARE ST2/OCTOBER 23
192074
$2,390.34
153
DAVIT PETROSYAN
CHILD CARE ST3/OCTOBER 23
192075
$1,125.26
154
ESMERALDA VASQUEZ
CHILD CARE ST2/OCTOBER 23
192076
$545.79
155
MARIA LOPEZ ESPINOSA
CHILD CARE ST3/OCTOBER 23
192077
$968.00
156
EVANGELINA ALICEA DE BONALES
CHILD CARE /OCTOBER 23
192078
$934.10
157
FILADELFIA GODINEZ
CHILD CARE ST3/OCTOBER 23
192079
$1,550.19
158
YOUNG MENS CHRISTIAN ASSOCIATION
OF GREATER LONG BEACH
CHILD CARE ST3/SEPTEMBER 23
192080
$1,149.85
159
GUADALUPE ARELLANO
CHILD CARE /OCTOBER 23
192081
$1,125.26
160
GUILLERMINA MARTINEZ
CHILD CARE ST2/OCTOBER 23
192082
$3,237.69
161
ALLEN FAMILY DAY CARE LLC
CHILD CARE ST2/AUGUST 23
192083
$7,773.00
162
KINDER CARE LEARNING CENTERS LLC
CHILD CARE /OCTOBER 23
192084
$1,789.57
163
LIDIA HERNANDEZ
CHILD CARE ST3/OCTOBER 23
192085
$877.88
164
LITTLE LAKE CITY SCHOOL DISTRICT
CHILD CARE /SEPTEMBER 23
192086
$477.95
165
MA ESTHER SANTANA
CHILD CARE ST3/OCTOBER 23
192087
$1,764.15
166
MARIA INES TICAS
CHILD CARE ST3/OCTOBER 23
192088
$1,510.88
167
MARIA SILVA DE RIOS
CHILD CARE ST3/OCTOBER 23
192089
$849.46
168
MARISA RAFAELA ZAMUDIO
CHILD CARE ST3/OCTOBER 23
192090
$537.05
169
MARISOL VASQUEZ
CHILD CARE ST3/AUGUST 23
192091
$2,589.14
170
NADINE MCGUIRE
CHILD CARE ST3/OCTOBER 23
192092
$1,700.35
171
MICHELLE ANN SANDOVAL
CHILD CARE ST3/OCTOBER 23
192093
$515.07
172
NEW HARVEST CHRISTIAN FELLOWSHIP
CHILD CARE /OCTOBER 23
192094
$1,638.00
173
OLIVIA ISABEL CALDERA
CHILD CARE ST3/OCTOBER 23
192095
$1,837.48
174
OSCAR ROBERTO CORTEZ
CHILD CARE ST3/OCTOBER 23
192096
$8,459.19
175
RAFAELA A CHAVEZ
CHILD CARE ST2/OCTOBER 23
192097
$755.44
176
PATRICIA RAMIREZ
CHILD CARE /OCTOBER 23
192098
$1,030.18
177
RAQUEL SILVA
CHILD CARE /OCTOBER 23
192099
$438.94
178
RAYMUNDO GRANADOS
CHILD CARE ST3/OCTOBER 23
192100
$199.52
179
ROSALINDA M JAIMEZ
CHILD CARE ST2/OCTOBER 23
192101
$540.84
180
MARIA DEL CONSUELO RUIZ MADRIGAL
CHILD CARE /OCTOBER 23
192102
$7,625.00
181
LORETO SALAS
CHILD CARE ST3/OCTOBER 23
192103
$8,756.15
182
SANDRA BARDALES
CHILD CARE ST3/OCTOBER 23
192104
$554.10
183
SANDRA I MENDEZ
CHILD CARE /OCTOBER 23
192105
$792.00
184
SILVER FLOWER CAMACHO
CHILD CARE ST2/OCTOBER 23
192106
$1,194.38
185
SILVINA ESPARZA DE CASTANEDA
CHILD CARE ST3/OCTOBER 23
192107
$988.02
186
SONIA ALONSO
CHILD CARE ST2/OCTOBER 23
192108
$1,979.25
187
STEPHANIE NOEMY TAMAYO
CHILD CARE ST2/OCTOBER 23
192109
$755.44
188
SUNNY LOPEZ RENDON
CHILD CARE ST2/OCTOBER 23
192110
$1,743.46
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
189
TRINITY LUTHERAN CHURCH
CHILD CARE ST2/OCTOBER 23
192111
$1,118.86
190
VALERIA SANDOVAL
CHILD CARE ST3/OCTOBER 23
192112
$1,837.48
191
YOLANDA MORALES
CHILD CARE ST3/OCTOBER 23
192113
$755.44
192
MARCELA OVIEDO DE GONZALEZ
CHILD CARE ST1/OCTOBER 23
192114
$755.44
193
MARTHA RADILLO
CHILD CARE ST1/AUGUST 23
192115
$2,587.00
194
MICHELLE YVETTE ORTIZ
CHILD CARE ST1/OCTOBER 23
192116
$438.94
195
NEW HARVEST CHRISTIAN FELLOWSHIP
CHILD CARE ST1/OCTOBER 23
192117
$1,768.00
196
SAMIR HUMAYUN
CHILD CARE ST1/OCTOBER 23
192118
$3,327.15
197
ASSOCIATED CONSTRUCTION
SERVICES GROUP
ONE-WAYS REHAB PROGRAM
192119
$28,489.70
198
ASSOCIATED CONSTRUCTION
SERVICES GROUP
ONE-WAYS REHAB PROGRAM
192120
$34,554.50
199
ASSOCIATED CONSTRUCTION
SERVICES GROUP
ONE-WAYS REHAB PROGRAM
192121
$11,000.00
200
ASSOCIATED CONSTRUCTION
S
ERVICES GROUP
ONE-WAYS REHAB PROGRAM
192122
$28,258.70
201
ASSOCIATED CONSTRUCTION
S
ERVICES GROUP
ONE-WAYS REHAB PROGRAM
192123
$18,718.00
202
DOUGLAS E GUIMOND
COUNCIL NAMEPLATE
192124
$194.85
203
ANITA ROSE DER KEVORKIAN
YOGA INSTRUCTOR
192125
$96.00
204
B & W COMMUNICATIONS INC
RADIO EQUIPMENT REPAIR SERVICES
192126
$115.76
205
BUENO GROUP INC
ONE-WAYS REHAB PROGRAM
192127
$31,720.00
206
STATE OF CALIFORNIA DEPT OF JUSTICE
EMPLOYEE BACKGROUND CHECKS
192128
$384.00
207
CLEAN ENERGY
CNG STATION MAINTENANCE SERVICES
192129
$13,968.51
208
CARAHSOFT TECHNOLOGY CORPORATION
WORK NUMBER EMPLOYMENT VERIFICATION
192130
$249.93
209
CATALINA ESCOBEDO
MILEAGE REIMBURSEMENT
192131
$153.27
210
CERTIFIX INC
PRE-EMPLOYMENT FINGERPRINTING
192132
$420.00
211
CONTINENTAL BATTERY COMPANY
AUTOMOTIVE AND BUS BATTERIES
192133
$1,242.95
212
DAPEER ROSENBLIT & LITVAK LLP
CITY PROSECUTOR SERVICES
192134
$5,971.90
213
DATA TICKET INC
ADMINISTRATIVE CITE SERVICES
192135
$548.00
214
HEALTH & HUMAN RESOURCE CENTER INC
EMPLOYMENT ASSISTANCE PROGRAM
192136
$1,044.12
215
DRUG FREE BUSINESS
DRUG TESTING SERVICES
192137
$378.00
216
ELIZABETH GUERRERO
REFUND NASC DEPOSIT
192138
$500.00
217
GENERAL CONSTRUCTION INNOVATION
INC
ONE-WAYS REHAB PROGRAM
192139
$26,932.50
218
GILLIG LLC
OEM PARTS
192140
$2,065,084.47
219
GREEN HALO SYSTEMS INC
ONLINE HOSTING SOFTWARE
192141
$463.00
220
GUADALUPE CARLOTA GALVAN MONTERO
HOMEMAKING/SENIOR GRANT
192142
$87.50
221
HARRELL & COMPANY ADVISORS LLC
CDIAC ANNUAL DEBT REPORT
192143
$3,750.00
222
I COPY INC
COPY CHARGES/CITY WIDE
192144
$2,711.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
223
ISLAS TIRES INC
NEW TIRES
192145
$1,204.79
224
JACQUELINE MATAMOROS
REFUND NASC DEPOSIT
192146
$1,000.00
225
JANETH ALVARADO
REFUND YOUTH BASKETBALL
192147
$40.00
226
JASMINE RUVALCABA
REPLACE CHECK 191526
192148
$1,000.00
227
JOSE LUIS VELASQUEZ JR
MOVIE PROJECT SERVICES
192149
$450.00
228
MIDWEST MOTOR SUPPLY CO INC
SUPPLIES
192150
$455.07
229
LIBERTY UTILITIES CORP
UTILITIES/CITY WIDE
192151
$23,856.56
230
LIBERTY UTILITIES CORP
UTILITY ASSISTANCE/SOCIAL SERVICES
192152
$311.12
231
LILIAN ALAS
REFUND NASC DEPOSIT
192153
$500.00
232
MANHATTAN STITCHING COMPANY INC
YOUTH BASKETBALL COACH POLOS
192154
$1,689.41
233
MCMASTER-CARR SUPPLY COMPANY
MISCELLANEOUS PARTS
192155
$101.84
234
NORWALK PRINTERS INC
BUSINESS CARDS/CITY WIDE
192156
$672.97
235
PATRICIA SANDOVAL
ZUMBA INSTRUCTOR
192157
$303.00
236
PETTY CASH C/O ADRIANA ESCOBEDO
PETTY CASH REIMBURSEMENT
192158
$601.72
237
ROBERT THEODORE DRIESLEIN
BANNER/ADOPTION
192159
$275.63
238
RAYMUNDO MURO
REFUND NASC DEPOSIT
192160
$500.00
239
RITCHIE BROS AUCTIONEERS (AMERICA)
BACKHOE PAINT PRIMER
192161
$5,236.00
240
ROBERT HALF INTERNATIONAL INC
TEMPORARY STAFFING SERVICES
192163
$14,700.00
241
SALVADOR GARCIA
REPLACE CHECK 191734
192164
$535.00
242
GJKG, INC
COACH OPERATOR ASSESSMENT
192165
$150.00
243
INDUSTRIAL RADIO COMMUNICATION
CORP
REPLACE/TWO-WAY RADIO
192166
$410.63
244
CA PIZZA & SPORT CORPORATION
THANSGIVING LUNCHEON
192167
$1,000.00
245
SOROPTIMIST INTL OF THE AMERICAS
CONTRIBUTIONS/AV
192168
$300.00
246
SOUTH BAY FORD LINCOLN INC
OEM FORD PARTS
192169
$376.89
247
SOUTHERN CALIF EDISON COMPANY
UTILITIES/CITY WIDE
192170
$6,162.64
248
ST LINUS SCHOOL
CONTRIBUTIONS/AV
192171
$150.00
249
STANTEC CONSULTING SERVICES
CONSULTING SERVICES
192172
$27,907.25
250
SUSANA DAVIS
REFUND YOUTH BASKETBALL
192173
$40.00
251
SOUTHERN CALIFORNIA GAS COMPANY
UTILITY ASSISTANCE/SOCIAL SERVICES
192174
$514.88
252
THE LEFLORE GROUP LLC
PROJECT MANAGEMENT SERVICES
192175
$5,772.00
253
TRI WEST MECHANICAL INC
MAINTENANCE - AQUATICS
192176
$122.00
254
US ARMOR CORPORATION
TAILOR MADE BALLISTIC VEST
192177
$988.20
255
USA WASTE OF CALIFORNIA INC
HAZARDOUS WASTE DISPOSAL
192178
$3,938.08
256
JIM WARINO
GUITAR/PIANO INSTRUCTOR
192179
$198.00
257
WATERLINE TECHNOLOGIES INC
POOL CHEMICAL SUPPLY
192180
$425.00
258
WAXIE'S ENTERPRISES LLC
CLEANING SUPPLIES
192181
$1,527.39
259
YESENIA DAVALOS
REFUND NASC DEPOSIT
192182
$1,000.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
260
YESENIA RENDON
REFUND NASC DEPOSIT
192183
$1,000.00
261
ALEXANDRIA ROSALIND MATA GARCIA
CHILD CARE STIPEND/SB 140
192184
$500.00
262
ALICIA GASTELUM
CHILD CARE STIPEND/SB 140
192185
$500.00
263
ANGELA GARNICA GARCIA
CHILD CARE STIPEND/SB 140
192186
$500.00
264
AUDRIANNA NICOLE SCHUCK
CHILD CARE STIPEND/SB 140
192187
$500.00
265
BARBARA DENISE LUNA
CHILD CARE STIPEND/SB 140
192188
$500.00
266
GROW AND LEARN CENTER
CHILD CARE STIPEND/SB 140
192189
$3,000.00
267
CARMEN ALCARAZ
CHILD CARE STIPEND/SB 140
192190
$500.00
268
CATALINA KUSNADY
CHILD CARE STIPEND/SB 140
192191
$500.00
269
CELINA AURELIA GARCIA
CHILD CARE STIPEND/SB 140
192192
$500.00
270
CHRISTINE MICHELLE SANDOVAL
CHILD CARE STIPEND/SB 140
192193
$500.00
271
ROSA GABRIELA PAEZ CONTRERAS
CHILD CARE STIPEND/SB 140
192194
$2,500.00
272
DAVIT PETROSYAN
CHILD CARE STIPEND/SB 140
192195
$500.00
273
DELMY OFELIA SERMENO
CHILD CARE STIPEND/SB 140
192196
$500.00
274
EFROCINA HERNANDEZ
CHILD CARE STIPEND/SB 140
192197
$500.00
275
ELIZABETH L PIMENTEL
CHILD CARE STIPEND/SB 140
192198
$500.00
276
ERNESTINA MARCIAL
CHILD CARE STIPEND/SB 140
192199
$500.00
277
ERNESTO HERRERA
CHILD CARE STIPEND/SB 140
192200
$500.00
278
ESMERALDA VASQUEZ
CHILD CARE STIPEND/SB 140
192201
$500.00
279
MARIA LOPEZ ESPINOSA
CHILD CARE STIPEND/SB 140
192202
$500.00
280
EVANGELINA ALICEA DE BONALES
CHILD CARE STIPEND/SB 140
192203
$500.00
281
FIDELIA LOPEZ
CHILD CARE STIPEND/SB 140
192204
$500.00
282
GUADALUPE ARELLANO
CHILD CARE STIPEND/SB 140
192205
$500.00
283
GUILLERMINA MARTINEZ
CHILD CARE STIPEND/SB 140
192206
$2,500.00
284
HECTOR FERREYRA NAVARRO
CHILD CARE STIPEND/SB 140
192207
$500.00
285
IRMA GABRIELA PONCE
CHILD CARE STIPEND/SB 140
192208
$500.00
286
JOHN M RUIZ
CHILD CARE STIPEND/SB 140
192209
$500.00
287
JOHNNA MONIQUE AMBRIZ
CHILD CARE STIPEND/SB 140
192210
$500.00
288
ALLEN FAMILY DAY CARE LLC
CHILD CARE STIPEND/SB 140
192211
$3,000.00
289
LAURA GONZALES
CHILD CARE STIPEND/SB 140
192212
$500.00
290
LIDIA HERNANDEZ
CHILD CARE STIPEND/SB 140
192213
$500.00
291
MA ESTHER SANTANA
CHILD CARE STIPEND/SB 140
192214
$500.00
292
MADISYN RENEE BIACAN CASTILLO
CHILD CARE STIPEND/SB 140
192215
$500.00
293
GUSMAR INC
CHILD CARE STIPEND/SB 140
192216
$3,000.00
294
MARGARITA AUDETAT DE MONTOYA
CHILD CARE STIPEND/SB 140
192217
$500.00
295
MARIA ALEJANDRINA GARCIA
CHILD CARE STIPEND/SB 140
192218
$500.00
296
MARIA ANGELINA VEGA PONCE
CHILD CARE STIPEND/SB 140
192219
$500.00
297
MARIA INES TICAS
CHILD CARE STIPEND/SB 140
192220
$500.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
298
MARIA ISELA CARDENAS
CHILD CARE STIPEND/SB 140
192221
$500.00
299
MARIA REFUGIO CARDENAS
CHILD CARE STIPEND/SB 140
192222
$500.00
300
MARISA RAFAELA ZAMUDIO
CHILD CARE STIPEND/SB 140
192223
$500.00
301
MARISOL LOPEZ
CHILD CARE STIPEND/SB 140
192224
$500.00
302
MARTIN S. HINCH
CHILD CARE STIPEND/SB 140
192225
$500.00
303
MARY AGUILAR
CHILD CARE STIPEND/SB 140
192226
$500.00
304
NADINE MCGUIRE
CHILD CARE STIPEND/SB 140
192227
$3,000.00
305
MICHELLE ANN SANDOVAL
CHILD CARE STIPEND/SB 140
192228
$500.00
306
MICHELLE YVETTE ORTIZ
CHILD CARE STIPEND/SB 140
192229
$500.00
307
NANCY JAMES
CHILD CARE STIPEND/SB 140
192230
$500.00
308
NANCY MICHELLE SANCHEZ ROSAS
CHILD CARE STIPEND/SB 140
192231
$500.00
309
NATANAEL JOSUE JACOBO
CHILD CARE STIPEND/SB 140
192232
$500.00
310
NEW HARVEST CHRISTIAN FELLOWSHIP
CHILD CARE STIPEND/SB 140
192233
$3,000.00
311
NOA JOCABEL FUENTES
CHILD CARE STIPEND/SB 140
192234
$500.00
312
OLIVIER GARCIA LARA
CHILD CARE STIPEND/SB 140
192235
$500.00
313
OSCAR ROBERTO CORTEZ
CHILD CARE STIPEND/SB 140
192236
$3,000.00
314
RAFAELA A CHAVEZ
CHILD CARE STIPEND/SB 140
192237
$500.00
315
PATRICIA RAMIREZ
CHILD CARE STIPEND/SB 140
192238
$3,000.00
316
RAQUEL SILVA
CHILD CARE STIPEND/SB 140
192239
$500.00
317
RITA VALADEZ
CHILD CARE STIPEND/SB 140
192240
$500.00
318
ROIAL TYLEASHA DOUGLAS
CHILD CARE STIPEND/SB 140
192241
$500.00
319
ROSALINA MAGRAMO RELLOSA
CHILD CARE STIPEND/SB 140
192242
$500.00
320
ROSALINDA M JAIMEZ
CHILD CARE STIPEND/SB 140
192243
$500.00
321
ROSE LINDA BOWERS
CHILD CARE STIPEND/SB 140
192244
$500.00
322
MARIA DEL CONSUELO RUIZ MADRIGAL
CHILD CARE STIPEND/SB 140
192245
$3,000.00
323
SABINA ALAMGIR
CHILD CARE STIPEND/SB 140
192246
$500.00
324
LORETO SALAS
CHILD CARE STIPEND/SB 140
192247
$3,000.00
325
VENERANDA SANCHEZ
CHILD CARE STIPEND/SB 140
192248
$3,000.00
326
SANDRA I MENDEZ
CHILD CARE STIPEND/SB 140
192249
$2,500.00
327
SILVER FLOWER CAMACHO
CHILD CARE STIPEND/SB 140
192250
$500.00
328
SINA SALEAPAGA
CHILD CARE STIPEND/SB 140
192251
$500.00
329
STEPHANIE NOEMY TAMAYO
CHILD CARE STIPEND/SB 140
192252
$500.00
330
SUNNY LOPEZ RENDON
CHILD CARE STIPEND/SB 140
192253
$500.00
331
SUSAN ALDAMA
CHILD CARE STIPEND/SB 140
192254
$500.00
332
TAWNY JEAN SHAW
CHILD CARE STIPEND/SB 140
192255
$500.00
333
TRINITY LUTHERAN CHURCH
CHILD CARE STIPEND/SB 140
192256
$3,000.00
334
VALERIA SANDOVAL
CHILD CARE STIPEND/SB 140
192257
$500.00
335
VANESA LEPE
CHILD CARE STIPEND/SB 140
192258
$500.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
336
VANESSA MARIE CONTRERAS
CHILD CARE STIPEND/SB 140
192259
$500.00
337
VANESSA NATALI CARDONA
CHILD CARE STIPEND/SB 140
192260
$500.00
338
VICKIE R RHODES
CHILD CARE STIPEND/SB 140
192261
$500.00
339
YOLANDA MORALES
CHILD CARE STIPEND/SB 140
192262
$500.00
340
THERESA MARIE MENDOZA
HOMEMAKING/SENIOR GRANT
V16475
$70.00
341
BILINGUAL ENVIRONMENTAL SCIENCE
CHILD CARE ST1/OCTOBER 23
V16476
$9,911.30
342
ADRIANA JIMENEZ
CHILD CARE ST1/OCTOBER 23
V16477
$2,834.32
343
ALEJANDRA PINEDA ROMERO
CHILD CARE ST1/OCTOBER 23
V16478
$877.88
344
ANDRES ARTEAGA
CHILD CARE ST1/OCTOBER 23
V16479
$1,125.26
345
ANDREW RAMOS
CHILD CARE ST1/OCTOBER 23
V16480
$1,132.56
346
ANTWANAE MAUDIE MICHELLE HILT
CHILD CARE ST1/OCTOBER 23
V16481
$191.81
347
ARACELI MAGALLON
CHILD CARE ST1/OCTOBER 23
V16482
$1,176.40
348
ARIADNA RAYGOZA
CHILD CARE ST1/OCTOBER 23
V16483
$3,104.33
349
MARIA L CORTEZ
CHILD CARE ST1/OCTOBER 23
V16484
$1,667.90
350
CARMEN MONTES
CHILD CARE ST1/OCTOBER 23
V16485
$877.88
351
ANA CASTELLON
CHILD CARE ST1/OCTOBER 23
V16486
$1,881.12
352
CHRISTINA RENEE GABRIEL
CHILD CARE ST1/OCTOBER 23
V16487
$755.44
353
CLARA M FLORES AGUILAR
CHILD CARE ST1/OCTOBER 23
V16488
$1,412.09
354
JOYFUL LITTLE LEARNERS FAMILY
CHILD CARE ST1/OCTOBER 23
V16489
$3,371.94
355
CAROLINE CORRAL
CHILD CARE ST1/OCTOBER 23
V16490
$1,213.48
356
CYNAYAH PATRICE HARDY
CHILD CARE ST1/OCTOBER 23
V16491
$1,604.90
357
DEON DOUGLAS CHAMBERS
CHILD CARE ST1/OCTOBER 23
V16492
$849.46
358
DIAHN LYNETTE HOUSTON
CHILD CARE ST1/OCTOBER 23
V16493
$1,510.88
359
ELIZABETH E PEREZ
CHILD CARE ST1/OCTOBER 23
V16494
$988.02
360
ELIZABETH LILLIAN BUZENES MORALES
CHILD CARE ST1/OCTOBER 23
V16495
$585.86
361
ERICA JEAN HOLGUIN
CHILD CARE ST1/OCTOBER 23
V16496
$1,412.09
362
EUREKA FAYE LAURANT
CHILD CARE ST1/OCTOBER 23
V16497
$1,288.40
363
EVA KARINA SOTO
CHILD CARE ST1/OCTOBER 23
V16498
$1,298.09
364
FAITH KOURTNEY TAYLOR
CHILD CARE ST1/OCTOBER 23
V16499
$2,043.84
365
MARIA EUGENIA FLORES
CHILD CARE ST1/OCTOBER 23
V16500
$803.75
366
STAPHANY GOMEZ
CHILD CARE ST1/OCTOBER 23
V16501
$1,716.12
367
SHANNA SUE HUNTER
CHILD CARE ST1/AUGUST 23
V16502
$9,084.76
368
JACKELINE CHAVEZ MORENO
CHILD CARE ST1/OCTOBER 23
V16503
$562.63
369
JASMIN ELIZABETH GOMEZ BACA
CHILD CARE ST1/OCTOBER 23
V16504
$2,086.96
370
JEANNETTE PATRICIA FLORES
CHILD CARE ST1/OCTOBER 23
V16505
$1,298.09
371
JESSICA YADIRA GRACIAN ORTIZ
CHILD CARE ST1/OCTOBER 23
V16506
$759.67
372
SHELCO ENTERPRISE LLC
CHILD CARE ST1/OCTOBER 23
V16507
$31,609.44
373
KARLA YAMILETH ALFARO
CHILD CARE ST1/OCTOBER 23
V16508
$3,700.57
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
374
KASEY LOUISE BEAL
CHILD CARE ST1/OCTOBER 23
V16509
$1,604.90
375
LASHAWNAE ARSHANEQ SMITH
CHILD CARE ST1/OCTOBER 23
V16510
$1,326.62
376
LAURA AGUILAR
CHILD CARE ST1/OCTOBER 23
V16511
$1,944.56
377
ADNIL EDUCATIONAL & CONSULTING SVC
CHILD CARE ST1/OCTOBER 23
V16512
$8,355.00
378
LOPEZ FAMILY HOME CHILD CARE INC
CHILD CARE ST1/OCTOBER 23
V16513
$6,720.97
379
MAGGIE RAMIREZ
CHILD CARE ST1/OCTOBER 23
V16514
$1,966.17
380
MARIA D LOPEZ
CHILD CARE ST1/OCTOBER 23
V16515
$1,687.89
381
MARIA ELENA BENITEZ
CHILD CARE ST1/OCTOBER 23
V16516
$721.10
382
MARIA ESTHER LOMELI
CHILD CARE ST1/OCTOBER 23
V16517
$755.44
383
MARISOL MORALES
CHILD CARE ST1/OCTOBER 23
V16518
$877.88
384
MINNIE ABIGAIL ZORNOSA SULIBIT
CHILD CARE ST1/OCTOBER 23
V16519
$566.28
385
MIREYA PLASENCIA
CHILD CARE ST1/OCTOBER 23
V16520
$849.46
386
MARIA ELENA MONTERROSO
CHILD CARE ST1/OCTOBER 23
V16521
$6,459.58
387
PALOMARES FAMILY DAYCARE
CHILD CARE ST1/OCTOBER 23
V16522
$5,790.34
388
ELIA PEREZ
CHILD CARE ST1/OCTOBER 23
V16523
$4,010.79
389
LAVISH HARRIS
CHILD CARE ST1/OCTOBER 23
V16524
$803.75
390
MER ED LLC
CHILD CARE ST1/OCTOBER 23
V16525
$6,355.81
391
RAVEN MARIE MCMAHN
CHILD CARE ST1/OCTOBER 23
V16526
$2,158.46
392
ROSA ALBINA RUIZ LOPEZ
CHILD CARE ST1/OCTOBER 23
V16527
$566.28
393
ROSA ELENA CASTANEDA
CHILD CARE ST1/OCTOBER 23
V16528
$1,852.19
394
ROSANA GRACIELA SUAREZ
CHILD CARE ST1/OCTOBER 23
V16529
$1,537.10
395
ROSELIA CALDERON
CHILD CARE ST1/SEPTEMBER 23
V16530
$5,080.20
396
ROSEMARY FLORES
CHILD CARE ST1/OCTOBER 23
V16531
$877.88
397
CYNTHIA C RUIZ
CHILD CARE ST1/OCTOBER 23
V16532
$3,672.02
398
SHELLY ORDIWAY
CHILD CARE ST1/OCTOBER 23
V16533
$975.15
399
MARIANA ANITA SINOHUI
CHILD CARE ST1/OCTOBER 23
V16534
$1,881.12
400
SOCORRO MARQUARDT
CHILD CARE ST1/AUGUST 23
V16535
$4,570.44
401
STELLA RITA FRANCO
CHILD CARE ST1/OCTOBER 23
V16536
$877.88
402
THE LORDS CHILDREN MISSION
CHILD CARE ST1/OCTOBER 23
V16537
$4,041.85
403
TRISHA ALEXANDREA CISNEROS
CHILD CARE ST1/OCTOBER 23
V16538
$1,598.40
404
JACQUELINE VALDEZ
CHILD CARE ST1/OCTOBER 23
V16539
$1,686.43
405
VICTORIA CANO
CHILD CARE ST1/OCTOBER 23
V16540
$990.00
406
WONDERLAND MONTESSORIE
CHILD CARE ST1/OCTOBER 23
V16541
$1,363.69
407
BILINGUAL ENVIRONMENTAL SCIENCE
CHILD CARE /OCTOBER 23
V16542
$3,738.52
408
ADRIANA JIMENEZ
CHILD CARE /OCTOBER 23
V16543
$22,972.81
409
ALYSSA DARLENE LOMELI
CHILD CARE ST3/OCTOBER 23
V16544
$1,517.25
410
AMERICA A GOMEZ
CHILD CARE ST2/OCTOBER 23
V16545
$1,426.96
411
ANEECE RITA VALENZUELA
CHILD CARE ST2/OCTOBER 23
V16546
$1,316.51
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
412
ANGELICA GLORIA ROBLES
CHILD CARE /OCTOBER 23
V16547
$721.10
413
BENILDA SANTOS
CHILD CARE /OCTOBER 23
V16548
$5,304.85
414
BRANDEN SEAN ADAMS
CHILD CARE ST2/OCTOBER 23
V16549
$549.08
415
BRIANNA MARIE GARSIA
CHILD CARE /OCTOBER 23
V16550
$743.98
416
MARIA L CORTEZ
CHILD CARE ST3/OCTOBER 23
V16551
$1,079.23
417
CARLA PATRICIA HERNANDEZ
CHILD CARE ST2/OCTOBER 23
V16552
$2,276.42
418
CARLOS TELLEZ RAMIREZ JR
CHILD CARE ST2/OCTOBER 23
V16553
$1,125.26
419
ANA CASTELLON
CHILD CARE ST3/OCTOBER 23
V16554
$7,211.09
420
CINDIRAE MICHELE RAMOS
CHILD CARE /OCTOBER 23
V16555
$34.34
421
CAROLINE CORRAL
CHILD CARE /OCTOBER 23
V16556
$3,616.88
422
IRENE DE LA VEGA
CHILD CARE ST2/OCTOBER 23
V16557
$627.04
423
DESIREE CARCANO
CHILD CARE ST2/OCTOBER 23
V16558
$2,618.92
424
ELIZABETH CARPINTEYRO
CHILD CARE /OCTOBER 23
V16559
$2,301.49
425
ELIZABETH FLORES
CHILD CARE ST2/OCTOBER 23
V16560
$1,985.02
426
ERIC CABRERA
CHILD CARE ST3/OCTOBER 23
V16561
$588.20
427
ERIKA BARAJAS DIAZ
CHILD CARE /OCTOBER 23
V16562
$6,996.02
428
LUZ ADRIANA FELIX MEDINA
CHILD CARE /OCTOBER 23
V16563
$7,652.60
429
MARIA EUGENIA FLORES
CHILD CARE /OCTOBER 23
V16564
$5,553.69
430
CAROL GALVEZ
CHILD CARE /OCTOBER 23
V16565
$4,413.94
431
OLIVIA GONZALEZ
CHILD CARE /OCTOBER 23
V16566
$7,912.44
432
GUILLERMINA MARTINEZ
CHILD CARE /OCTOBER 23
V16567
$1,377.97
433
ERICKA MARIA TORRES
CHILD CARE /OCTOBER 23
V16568
$6,449.04
434
SHANNA SUE HUNTER
CHILD CARE /OCTOBER 23
V16569
$14,087.15
435
JAYLEEN DESTINEE SOSA
CHILD CARE ST2/OCTOBER 23
V16570
$1,108.20
436
JESSICA YADIRA GRACIAN ORTIZ
CHILD CARE /OCTOBER 23
V16571
$5,397.59
437
JOSEPHINE GLORIA CAUDILLO
CHILD CARE /OCTOBER 23
V16572
$927.13
438
SHELCO ENTERPRISE LLC
CHILD CARE /OCTOBER 23
V16573
$47,912.99
439
JULIE CABRERA
CHILD CARE ST2/OCTOBER 23
V16574
$1,125.26
440
KARLA YAMILETH ALFARO
CHILD CARE /OCTOBER 23
V16575
$5,921.73
441
LACHRISNA SHAVOLL VAUGHN DAVIS
CHILD CARE ST2/OCTOBER 23
V16576
$729.68
442
KRISTIN MICHELLE MUNOZ
CHILD CARE ST3/OCTOBER 23
V16577
$3,313.77
443
LAURA AGUILAR
CHILD CARE ST3/OCTOBER 23
V16578
$1,176.46
444
LAURE A CARDIEL
CHILD CARE /OCTOBER 23
V16579
$1,318.07
445
GUTIERREZ FAMILY CHILD CARE
CHILD CARE /OCTOBER 23
V16580
$5,664.65
446
ADNIL EDUCATIONAL & CONSULTING SVC
CHILD CARE /OCTOBER 23
V16581
$5,645.45
447
LISA DAWN GREGORY
CHILD CARE ST2/OCTOBER 23
V16582
$1,318.07
448
LISA GUADALUPE CASTRUITA
CHILD CARE ST3/OCTOBER 23
V16583
$755.44
449
LOPEZ FAMILY HOME CHILD CARE INC
CHILD CARE /OCTOBER 23
V16584
$7,150.96
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
450
MA DE LOS ANGELES REYES DE
RODRIGUEZ
CHILD CARE ST2/OCTOBER 23
V16585
$1,687.89
451
MA SILVIA ELIZARRARAZ DIAZ
CHILD CARE ST2/OCTOBER 23
V16586
$2,467.56
452
MAGGIE RAMIREZ
CHILD CARE /OCTOBER 23
V16587
$1,074.10
453
MARIA D NUNEZ DE MERCADO
CHILD CARE /OCTOBER 23
V16588
$515.07
454
MARIA G CUYUCH
CHILD CARE ST3/OCTOBER 23
V16589
$954.34
455
MARIA LOURDES GONZALEZ RUANO
CHILD CARE ST3/OCTOBER 23
V16590
$1,000.50
456
MARISELA SOTO
CHILD CARE /OCTOBER 23
V16591
$1,351.24
457
MARISOL ORTEGA HERNANDEZ
CHILD CARE ST3/OCTOBER 23
V16592
$562.63
458
MARTINA ROMERO SANTILLAN
CHILD CARE /OCTOBER 23
V16593
$1,318.07
459
PILAR MENDEZ
CHILD CARE /OCTOBER 23
V16594
$3,763.05
460
MIROSLAVA ELIZARRARAZ DIAZ
CHILD CARE ST3/OCTOBER 23
V16595
$5,049.11
461
MARIA ELENA MONTERROSO
CHILD CARE /OCTOBER 23
V16596
$3,809.93
462
MYESHIA RAUSHI LEVERETT
CHILD CARE ST3/OCTOBER 23
V16597
$995.58
463
NADINE MELINDA SANCHEZ
CHILD CARE ST2/OCTOBER 23
V16598
$1,125.26
464
NATALLY KRISTINE AGUILAR
CHILD CARE ST3/OCTOBER 23
V16599
$125.79
465
PALOMARES FAMILY DAYCARE
CHILD CARE ST3/OCTOBER 23
V16600
$2,758.13
466
PATRICIA ALVARADO
CHILD CARE ST3/OCTOBER 23
V16601
$1,069.85
467
PATRICIA ARACELY MORENO
CHILD CARE ST3/OCTOBER 23
V16602
$2,347.93
468
ELIA PEREZ
CHILD CARE ST2/OCTOBER 23
V16603
$5,070.54
469
LAVISH HARRIS
CHILD CARE ST2/OCTOBER 23
V16604
$1,852.62
470
MER ED LLC
CHILD CARE /OCTOBER 23
V16605
$6,510.37
471
RONALD QUIROS
CHILD CARE /OCTOBER 23
V16606
$1,125.26
472
ROSA TORRES
CHILD CARE ST3/OCTOBER 23
V16607
$6,517.54
473
ROSELIA CALDERON
CHILD CARE /SEPTEMBER 23
V16608
$5,332.44
474
CYNTHIA C RUIZ
CHILD CARE /OCTOBER 23
V16609
$3,950.25
475
SANDRA VILLA
CHILD CARE ST3/OCTOBER 23
V16610
$905.99
476
SENAIDA BARRAGAN
CHILD CARE ST3/OCTOBER 23
V16611
$537.05
477
SHARIE MARIE BEITZ
CHILD CARE /OCTOBER 23
V16612
$549.08
478
SHELLY ORDIWAY
CHILD CARE ST3/OCTOBER 23
V16613
$541.75
479
MARIANA ANITA SINOHUI
CHILD CARE /OCTOBER 23
V16614
$1,334.40
480
SPRING IRENE MCCALMAN
CHILD CARE ST2/OCTOBER 23
V16615
$1,869.25
481
TAYLOR GENEVA SALHUS
CHILD CARE ST3/OCTOBER 23
V16616
$1,108.20
482
THE LORDS CHILDREN MISSION
CHILD CARE /OCTOBER 23
V16617
$8,966.88
483
TOYLAND FAMILY DAY CARE INC
CHILD CARE /OCTOBER 23
V16618
$7,288.50
484
VALARIE VIVIAN LAUDERDALE
CHILD CARE ST2/OCTOBER 23
V16619
$1,176.46
485
JACQUELINE VALDEZ
CHILD CARE ST3/OCTOBER 23
V16620
$320.64
486
VANESSA MOLLY DYCUS
CHILD CARE /OCTOBER 23
V16621
$1,079.23
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
487
VICTORIA CANO
CHILD CARE /OCTOBER 23
V16622
$1,549.90
488
DORA VILLARREAL
CHILD CARE ST3/OCTOBER 23
V16623
$1,748.46
489
VILMA LABOY
CHILD CARE ST3/OCTOBER 23
V16624
$2,042.06
490
WONDERLAND MONTESSORIE
CHILD CARE ST2/OCTOBER 23
V16625
$3,153.26
491
ANA CASTELLON
CHILD CARE ST1/AUGUST 23
V16626
$2,183.52
492
ANIYAH WILLIAMS
DANCE INSTRUCTOR
V16627
$3,804.00
493
DE LAGE LANDEN FINANCIAL SERVICES
DUPLICATION COPIER/NOVEMBER 23
V16628
$550.56
494
MARGARET B MEJIA
HOMEMAKING/SENIOR GRANT
V16629
$210.00
495
MARIO ENRIQUE MERA
MANAGEMENT SUPPORT SERVICES
V16630
$9,585.00
496
NANCY GALICIA
HOMEMAKING/SENIOR GRANT
V16631
$700.00
497
ASSET PERFORMANCE GROUP LLC
PARKING CIATION PROCESSING
V16632
$27,498.67
498
RICHARDS WATSON AND GERSHON INC
LEGAL SERVICES/OCTOBER 2023
V16633
$100.00
499
THERESA MARIE MENDOZA
HOMEMAKING/SENIOR GRANT
V16634
$175.00
500
CELINA FIGUEROA
CHILD CARE STIPEND/SB 140
V16635
$500.00
501
BILINGUAL ENVIRONMENTAL SCIENCE
CHILD CARE STIPEND/SB 140
V16636
$3,000.00
502
ADRIANA JIMENEZ
CHILD CARE STIPEND/SB 140
V16637
$3,000.00
503
ALYSSA DARLENE LOMELI
CHILD CARE STIPEND/SB 140
V16638
$500.00
504
AMERICA A GOMEZ
CHILD CARE STIPEND/SB 140
V16639
$500.00
505
ANDREA RENEE MORALES
CHILD CARE STIPEND/SB 140
V16640
$500.00
506
ANDREW RAMOS
CHILD CARE STIPEND/SB 140
V16641
$500.00
507
ANTHONY LENNIE DOSS
CHILD CARE STIPEND/SB 140
V16642
$500.00
508
ANTWANAE MAUDIE MICHELLE HILT
CHILD CARE STIPEND/SB 140
V16643
$500.00
509
ARACELI MAGALLON
CHILD CARE STIPEND/SB 140
V16644
$500.00
510
BENILDA SANTOS
CHILD CARE STIPEND/SB 140
V16645
$3,000.00
511
BRIANNA MARIE GARSIA
CHILD CARE STIPEND/SB 140
V16646
$500.00
512
MARIA L CORTEZ
CHILD CARE STIPEND/SB 140
V16647
$3,000.00
513
CARLA PATRICIA HERNANDEZ
CHILD CARE STIPEND/SB 140
V16648
$500.00
514
CARLOS TELLEZ RAMIREZ JR
CHILD CARE STIPEND/SB 140
V16649
$500.00
515
ANA CASTELLON
CHILD CARE STIPEND/SB 140
V16650
$3,000.00
516
NORMA JESSICA CESAREO
CHILD CARE STIPEND/SB 140
V16651
$3,000.00
517
CINDIRAE MICHELE RAMOS
CHILD CARE STIPEND/SB 140
V16652
$500.00
518
CAROLINE CORRAL
CHILD CARE STIPEND/SB 140
V16653
$3,000.00
519
CYNAYAH PATRICE HARDY
CHILD CARE STIPEND/SB 140
V16654
$500.00
520
DAMIAN RODRIGUEZ
CHILD CARE STIPEND/SB 140
V16655
$500.00
521
IRENE DE LA VEGA
CHILD CARE STIPEND/SB 140
V16656
$500.00
522
DEON DOUGLAS CHAMBERS
CHILD CARE STIPEND/SB 140
V16657
$500.00
523
DESIREE CARCANO
CHILD CARE STIPEND/SB 140
V16658
$500.00
524
DESTINY ALEXIS MORALES
CHILD CARE STIPEND/SB 140
V16659
$500.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
525
DIAHN LYNETTE HOUSTON
CHILD CARE STIPEND/SB 140
V16660
$500.00
526
ELIZABETH CARPINTEYRO
CHILD CARE STIPEND/SB 140
V16661
$3,000.00
527
ELIZABETH E PEREZ
CHILD CARE STIPEND/SB 140
V16662
$500.00
528
ELIZABETH FLORES
CHILD CARE STIPEND/SB 140
V16663
$500.00
529
ELIZABETH JIMENEZ
CHILD CARE STIPEND/SB 140
V16664
$500.00
530
ERIC CABRERA
CHILD CARE STIPEND/SB 140
V16665
$500.00
531
ERIC LOUIE CASTANEDA
CHILD CARE STIPEND/SB 140
V16666
$500.00
532
ERIKA BARAJAS DIAZ
CHILD CARE STIPEND/SB 140
V16667
$2,500.00
533
EVA KARINA SOTO
CHILD CARE STIPEND/SB 140
V16668
$500.00
534
FELIX GARCIA DE LEON
CHILD CARE STIPEND/SB 140
V16669
$500.00
535
LUZ ADRIANA FELIX MEDINA
CHILD CARE STIPEND/SB 140
V16670
$3,000.00
536
TREVINE BERTY FERNANDO
CHILD CARE STIPEND/SB 140
V16671
$3,000.00
537
MARIA EUGENIA FLORES
CHILD CARE STIPEND/SB 140
V16672
$2,500.00
538
MARIA TORREVILLAS FORTE
CHILD CARE STIPEND/SB 140
V16673
$500.00
539
CAROL GALVEZ
CHILD CARE STIPEND/SB 140
V16674
$3,000.00
540
OLIVIA GONZALEZ
CHILD CARE STIPEND/SB 140
V16675
$3,000.00
541
GUILLERMINA MARTINEZ
CHILD CARE STIPEND/SB 140
V16676
$500.00
542
ERICKA MARIA TORRES
CHILD CARE STIPEND/SB 140
V16677
$3,000.00
543
SHANNA SUE HUNTER
CHILD CARE STIPEND/SB 140
V16678
$3,000.00
544
JACKELINE CHAVEZ MORENO
CHILD CARE STIPEND/SB 140
V16679
$500.00
545
JEANNETTE PATRICIA FLORES
CHILD CARE STIPEND/SB 140
V16680
$500.00
546
JENNIFER MORENA AVILA
CHILD CARE STIPEND/SB 140
V16681
$500.00
547
JESSICA YADIRA GRACIAN ORTIZ
CHILD CARE STIPEND/SB 140
V16682
$3,000.00
548
JOBARI ARMAND COLEMAN-WILSON
CHILD CARE STIPEND/SB 140
V16683
$500.00
549
JOSEPHINE GLORIA CAUDILLO
CHILD CARE STIPEND/SB 140
V16684
$500.00
550
SHELCO ENTERPRISE LLC
CHILD CARE STIPEND/SB 140
V16685
$3,000.00
551
JULIE CABRERA
CHILD CARE STIPEND/SB 140
V16686
$500.00
552
KARLA YAMILETH ALFARO
CHILD CARE STIPEND/SB 140
V16687
$2,500.00
553
KASSANDRA RAELYNN SERRANO
CHILD CARE STIPEND/SB 140
V16688
$500.00
554
INGRID KING
CHILD CARE STIPEND/SB 140
V16689
$3,000.00
555
LACHRISNA SHAVOLL VAUGHN DAVIS
CHILD CARE STIPEND/SB 140
V16690
$500.00
556
KRISTIN MICHELLE MUNOZ
CHILD CARE STIPEND/SB 140
V16691
$3,000.00
557
LAURA AGUILAR
CHILD CARE STIPEND/SB 140
V16692
$500.00
558
LAURA CLEVELAND BEAVERS
CHILD CARE STIPEND/SB 140
V16693
$500.00
559
LAURE A CARDIEL
CHILD CARE STIPEND/SB 140
V16694
$500.00
560
GUTIERREZ FAMILY CHILD CARE
CHILD CARE STIPEND/SB 140
V16695
$3,000.00
561
ADNIL EDUCATIONAL & CONSULTING SVC
CHILD CARE STIPEND/SB 140
V16696
$3,000.00
562
LISA DAWN GREGORY
CHILD CARE STIPEND/SB 140
V16697
$500.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
563
LISA GUADALUPE CASTRUITA
CHILD CARE STIPEND/SB 140
V16698
$500.00
564
LOPEZ FAMILY HOME CHILD CARE INC
CHILD CARE STIPEND/SB 140
V16699
$3,000.00
565
LUIS ABELLA ABUDA
CHILD CARE STIPEND/SB 140
V16700
$500.00
566
MA DE LOS ANGELES REYES DE
RODRIGUEZ
CHILD CARE STIPEND/SB 140
V16701
$500.00
567
MAGGIE RAMIREZ
CHILD CARE STIPEND/SB 140
V16702
$500.00
568
MARGARITA GARCIA
CHILD CARE STIPEND/SB 140
V16703
$500.00
569
MARIA C HERNANDEZ
CHILD CARE STIPEND/SB 140
V16704
$500.00
570
MARIA D LOPEZ
CHILD CARE STIPEND/SB 140
V16705
$500.00
571
MARIA D MORALES VIDAL
CHILD CARE STIPEND/SB 140
V16706
$500.00
572
MARIA D NUNEZ DE MERCADO
CHILD CARE STIPEND/SB 140
V16707
$500.00
573
MARIA ESTHER LOMELI
CHILD CARE STIPEND/SB 140
V16708
$500.00
574
MARIA G CUYUCH
CHILD CARE STIPEND/SB 140
V16709
$500.00
575
MARIA LOURDES GONZALEZ RUANO
CHILD CARE STIPEND/SB 140
V16710
$500.00
576
MARINA SILVA FAMILY CHILDCARE INC
CHILD CARE STIPEND/SB 140
V16711
$500.00
577
MARISOL MORALES
CHILD CARE STIPEND/SB 140
V16712
$500.00
578
MARISOL ORTEGA HERNANDEZ
CHILD CARE STIPEND/SB 140
V16713
$500.00
579
MARTINA ROMERO SANTILLAN
CHILD CARE STIPEND/SB 140
V16714
$500.00
580
MELBA JOYCE GIVENS
CHILD CARE STIPEND/SB 140
V16715
$500.00
581
PILAR MENDEZ
CHILD CARE STIPEND/SB 140
V16716
$2,500.00
582
MIROSLAVA ELIZARRARAZ DIAZ
CHILD CARE STIPEND/SB 140
V16717
$3,000.00
583
MONICA ESTRADA
CHILD CARE STIPEND/SB 140
V16718
$500.00
584
MARIA ELENA MONTERROSO
CHILD CARE STIPEND/SB 140
V16719
$3,000.00
585
NATHANIEL OSIAS DEL ROSARIO
CHILD CARE STIPEND/SB 140
V16720
$500.00
586
PALOMARES FAMILY DAYCARE
CHILD CARE STIPEND/SB 140
V16721
$2,500.00
587
PATRICIA ALVARADO
CHILD CARE STIPEND/SB 140
V16722
$500.00
588
PATRICIA ARACELY MORENO
CHILD CARE STIPEND/SB 140
V16723
$500.00
589
PAULA FAITH HERNANDEZ
CHILD CARE STIPEND/SB 140
V16724
$500.00
590
ELIA PEREZ
CHILD CARE STIPEND/SB 140
V16725
$3,000.00
591
LAVISH HARRIS
CHILD CARE STIPEND/SB 140
V16726
$3,000.00
592
MER ED LLC
CHILD CARE STIPEND/SB 140
V16727
$3,000.00
593
ROBERT REYES NAVARRO JR
CHILD CARE STIPEND/SB 140
V16728
$500.00
594
RONALD QUIROS
CHILD CARE STIPEND/SB 140
V16729
$500.00
595
ROSA ALBINA RUIZ LOPEZ
CHILD CARE STIPEND/SB 140
V16730
$500.00
596
ROSA ELENA CASTANEDA
CHILD CARE STIPEND/SB 140
V16731
$500.00
597
ROSA TORRES
CHILD CARE STIPEND/SB 140
V16732
$3,000.00
598
ROSANA GRACIELA SUAREZ
CHILD CARE STIPEND/SB 140
V16733
$500.00
599
ROSEMARY FLORES
CHILD CARE STIPEND/SB 140
V16734
$500.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
Item
Count
Vendor Name
Description
Check
Number
Check Total
600
CYNTHIA C RUIZ
CHILD CARE STIPEND/SB 140
V16735
$3,000.00
601
SANDRA VILLA
CHILD CARE STIPEND/SB 140
V16736
$500.00
602
SANTOS E RAMOS
CHILD CARE STIPEND/SB 140
V16737
$500.00
603
SARAI JEANETTE GONZALEZ
CHILD CARE STIPEND/SB 140
V16738
$500.00
604
SENAIDA BARRAGAN
CHILD CARE STIPEND/SB 140
V16739
$500.00
605
SHELLY ORDIWAY
CHILD CARE STIPEND/SB 140
V16740
$3,000.00
606
SILVIA YOLANDA RODRIGUEZ
CHILD CARE STIPEND/SB 140
V16741
$500.00
607
MARIANA ANITA SINOHUI
CHILD CARE STIPEND/SB 140
V16742
$3,000.00
608
SPRING IRENE MCCALMAN
CHILD CARE STIPEND/SB 140
V16743
$500.00
609
STELLA RITA FRANCO
CHILD CARE STIPEND/SB 140
V16744
$500.00
610
TARA GATTUSO
CHILD CARE STIPEND/SB 140
V16745
$500.00
611
TAYLOR GENEVA SALHUS
CHILD CARE STIPEND/SB 140
V16746
$500.00
612
THERESA MARIE CASTANEDA
CHILD CARE STIPEND/SB 140
V16747
$500.00
613
THE LORDS CHILDREN MISSION
CHILD CARE STIPEND/SB 140
V16748
$3,000.00
614
TOYLAND FAMILY DAY CARE INC
CHILD CARE STIPEND/SB 140
V16749
$3,000.00
615
TRISHA ALEXANDREA CISNEROS
CHILD CARE STIPEND/SB 140
V16750
$500.00
616
VALARIE VIVIAN LAUDERDALE
CHILD CARE STIPEND/SB 140
V16751
$500.00
617
JACQUELINE VALDEZ
CHILD CARE STIPEND/SB 140
V16752
$2,500.00
618
VANESSA MOLLY DYCUS
CHILD CARE STIPEND/SB 140
V16753
$3,000.00
619
VICTORIA CANO
CHILD CARE STIPEND/SB 140
V16754
$3,000.00
620
DORA VILLARREAL
CHILD CARE STIPEND/SB 140
V16755
$500.00
621
VILMA LABOY
CHILD CARE STIPEND/SB 140
V16756
$500.00
CITY OF NORWALK
FINAL WARRANT REGISTER
November 14, 2023 through November 27, 2023
*****Total Warrants**** $4,883,658.53
Notes:
Voided Check(s):
I hereby certify that the claim of demand covered by the above listed warrants have been audited as to accuracy and the funds are available for payment.
Jana Stuard, Finance Director
192162
Digitally signed by Jana Stuard
Date: 2023.11.27 17:05:43 -08'00'
City Council Agenda Report
December 5, 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 have been filed by Gary Granados and Cruz Valdez. Upon review, the City’s claims administrator has recommended denial of the claims.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council deny the claims filed by Gary Granados and Cruz Valdez.
Attachments:
N/A
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, CMC, City Clerk
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 City Council, at its November 7, 2023 meeting, introduced Ordinance Nos. 23-1744 and 23- 1745, which will amend various sections of Title 17 of the Norwalk Municipal Code (NMC) as it relates to the Automobile Parking (P) zone and Zone Change No. 2023-01 to remove the P zone from the zoning map. Neither of the ordinances impact preferential or disabled parking. These ordinances are now being presented for adoption. If adopted this evening, the ordinances will become effective on January 5, 2024.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
City Council December 5, 2023
Ordinance Nos. 23-1744 and 23-1745 – Amending Title
17 of the Norwalk Municipal Code Related to Parking
Zone
Page No. 2
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3 Recommended Action:
Staff recommends City Council adopt 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 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. Attachments:
1. Ordinance No. 23-1744
2. Ordinance No. 23-1745
Attachment No. 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
andr
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 hereby approves Zoning Text Amendment No. 2023-01 effectively removing the P Zone by amending Title 17 of the Norwalk Municipal Code as follows in Sections 6 through 10 of this ordinance.
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 5th day of December 2023. ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
Attachment No. 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 “P-Zone” (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 “P-Zone” (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 Ordinance No. 23-1745 Page 2 of 53
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(M-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 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 5th day of December 2023 ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK
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EXHIBIT “A”
ORDINANCE NO. 23-1745
(Existing Zoning)
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EXHIBIT “B”
ORDINANCE NO. 23-XXXX
(Proposed Zoning)
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City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, CMC, City Clerk
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 City Council, at its November 7, 2023 meeting, introduced Ordinance No. 23-1746, which will amend various sections of Title 17 of the Norwalk Municipal Code to streamline the Precise Development Plan process. It will serve as a proactive approach of enhancing economic development and encouraging a positive image of the City. This ordinance is now being presented for adoption. If adopted this evening, Ordinance No. 23-1746 will become effective on December 22, 2023.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Ordinance No. 23-1746, AN ORDINANCE OF THE CITY OF NORWALK AMENDING TITLE 17 (ZONING) OF THE NORWALK MUNICIPAL CODE
City Council December 5, 2023
Ordinance No. 23-1746 – Amending Title 17 of the
Norwalk Municipal Code Revising the Precise
Development Plan Application
Page No. 2
7 2
1 AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO INITIATE AND MAKE DECISIONS ON PRECISE DEVELOPMENT PLAN APPLICATIONS.
Attachments:
Ordinance No. 23-1746
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 of Community Development to make final decisions and/or refer Planning Commission review of Precise Development Plans; 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 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. 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 of the City of Norwalk 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 PDP, 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 5th day of December 2023 ______________________________
ANA VALENCIA
MAYOR
ATTEST:
______________________________
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:
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 Ordinance No. 23-1746 Page 4 of 8
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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.
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 Ordinance No. 23-1746 Page 5 of 8
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development is such as may necessitate significant 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 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.
Ordinance No. 23-1746 Page 6 of 8
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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:
Ordinance No. 23-1746 Page 7 of 8
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Replace the reference to Section 17.02.240 in the paragraph with Section
17.02.205.
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.
Ordinance No. 23-1746 Page 8 of 8
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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;
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
17.09.1790 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.”
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Mario Mera, Engineering Division Manager
Run Chen, Principal Civil Engineer
SUBJECT: AGREEMENT AMENDMENT NO. 7 FOR TRAFFIC ENGINEERING SERVICES Background:
On May 16, 2017, City Council awarded a contract to Willdan Engineering (Willdan) to provide City traffic engineering services. The term was initially for five years and will expire on December 31, 2023. The following amendments were approved by City Council under this contract:
Amendment No. Execution Date Description
1 9/19/2018 Named Farhad Iranitalab as City Traffic Engineer and named Vanessa Munoz as City Representative.
2 6/27/2022 Extended the Agreement term through June 30, 2023 and increased the contract amount.
3 7/6/2023 Extended the Agreement term through December 31, 2023.
4 7/20/2023 Increased the contract amount for the 2023 Citywide Engineering and Traffic Survey, in the amount of
$16,508.67
5 9/13/2023 Increased the contract amount and add additional services for Project No. 7236, in the amount of
$31,062.
City Council December 5, 2023
Agreement Amendment No. 7 for Traffic Engineering
Services
Page No. 2
6 7
8 6 10/17/23 Increased the contract amount and add additional services for Project No. 7933 in the amount of
$53,704.
Capital improvement and operational projects (CIP) currently in progress requires California Environmental Quality Act (CEQA) clearance, design/review, and construction efforts. Private development projects require plan check of proposed design of off-site improvements and anything that provides services to the public. The previous and current ongoing projects and programs also require traffic engineering review and oversight. These projects typically entail traffic signal improvements; ongoing management of the City adopted speed hump program; the on-going citywide multi-faceted traffic and related requests; all of which require review, analysis, and technical responses. This represents just some of the responsibilities and projects traffic engineering and related work items routinely address. There have also been a few large traffic signal improvement projects in progress during the past five years requiring Willdan’s technical expertise such as Project No. 7933 – Excelsior Drive Striping Modifications and Project No. 7236 - Traffic Signals at 166 th Street and Clarkdale Avenue. These projects are federally funded through the Highway Safety Improvement Program. It is essential to maintain Willdan’s involvement, as they have been vital to traffic engineering review, consulting, advising, and providing recommendations for CIP projects.
Serving as the City’s Traffic Engineer, Willdan has been essential in traffic and various engineering capacities, for the review of and recommendations for many projects that are occurring throughout the City to insure impacts are identified, addressed and mitigated.
Currently, Joanne Itagaki from Willdan Engineering has been serving in the capacity of Deputy Traffic Engineer. Ms. Itagaki has served the City of Norwalk through Willdan Engineering as Deputy Traffic Engineer for over 13 years. Ms. Itagaki has tendered her retirement effective December 15, 2023. Willdan proposed to assign Reggie Greene to assume the role of Deputy Traffic Engineer.
To acquire new consulting services, the procurement process normally calls for solicitation of a Request for Proposal (RFP). This is typically a four to six month process to solicit, review, analyze, award and engage these professional services. A six-month extension of these services would provide staff the time necessary to conduct new solicitation for the traffic engineering services. Based on the above information and review by staff, extending the traffic engineering services with Willdan for six months in Fiscal Year (FY) 2023/24 allows for CIP projects progress to continue; allows for the City’s adopted neighborhood traffic management program to continue, grow, and adapt; and provides City staff adequate time for the RFP process to reacquire traffic- engineering services. Staff recommends extending the existing traffic engineering services contract with Willdan for six months in FY 2023/24 to maintain continuity and proper coordination of the provided traffic engineering services to the City. Services provided will be managed through the City Engineer’s office and appropriate staff.
City Council December 5, 2023
Agreement Amendment No. 7 for Traffic Engineering
Services
Page No. 3
6 7
8 Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve:
a. assignment of Reggie Greene from Willdan Engineering to service the contract in the capacity as Deputy Traffic Engineer; and
b. Amendment No. 7 to the Willdan Agreement extending the term through June 30, 2024 to continue providing traffic engineering services; and authorize the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney.
Attachments:
N/A
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Mario Mera, Engineering Division Manager
Jay Kasondra, Engineering Technician
SUBJECT: PROJECT NO. 7242 – RESOLUTION NO. 23-71 – BUDGET AMENDMENT –
AWARD OF CONTRACT AND CONSTRUCTION INSPECTION SERVICES
AGREEMENT AMENDMENT FOR EXCELSIOR DRIVE AND BLOOMFIELD
AVENUE SPEED FEEDBACK SIGN IMPROVEMENTS, ENGINEER'S
REPORT NO. 23-22
Background:
On August 7, 2023, City staff advertised for the Speed Feedback Sign Improvements. Work includes for supply and installation of four speed feedback signs at the intersection of Excelsior Drive and Bloomfield Avenue.
On August 28, 2023 one bid was received with the following result:
Ranking Contractors Bid Amount
1 Sterndahl Enterprises LLC $96,000
After review, the City Engineer elected to re-bid the project due to the single bid being 56% above the engineer’s estimate and a lack of bids received for this project.
On October 16, 2023, staff re-advertised the subject project and on November 13, 2023 received two bids as shown:
Ranking Contractors Bid Amount
City Council December 5, 2023
Project No. 7242 – Resolution No. 23-71 – Budget Page No. 2 Amendment, Award of Contract, and Contract Amendment
6 8
7 1 Select Electric, Inc. $64,720
2 Sterndahl Enterprises LLC $96,000
The Engineer’s Estimate for the project is $53,500.
Staff reviewed the bids, evaluating accuracy, costs, experience, and references. As a result, staff recommends awarding the project to the apparent lowest responsible and responsive bidder, Select Electric, Inc. (contractor), based on their pricing and qualifications.
Inspection support services shall be provided by Onward Engineering. The inspector will ensure the contractor performs the work in compliance to the contract plans and specifications.
Fiscal Impact:
The budget for construction and inspection services is as follows:
Construction: $64,720
15% Contingency: $9,700
Inspection $10,080
Total Construction Budget: $84,500
Construction is tentatively scheduled to begin late January 2024, and the project has 20 working days to complete from the issuance of the Notice to Proceed.
Funding for this project is available through approved/available Fiscal Year 2023/24 Measure “M” Bond proceeds. No General Fund Monies are used for this project. Unexpended funds are available for reprogramming.
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 December 5, 2023
Project No. 7242 – Resolution No. 23-71 – Budget Page No. 3 Amendment, Award of Contract, and Contract Amendment
6 8
7 Recommended Action:
Staff recommends City Council:
a. adopt Resolution No. 23-71, 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 MEASURE “M” BOND PROCEEDS TO PROJECT NO. 7242 – EXCELSIOR DRIVE AND BLOOMFIELD AVENUE SPEED FEEDBACK SIGN IMPROVEMENTS, in the amount of $19,500; b. award a construction contract to Select Electric, Inc. for Project No. 7242 – Excelsior Drive and Bloomfield Avenue Speed Feedback Sign Improvements, in the amount of $64,720; and authorize the City Manager to execute any amendments or change orders 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; and c. approve Amendment No. 4 to the agreement with Onward Engineering to expand the scope of work to provide Inspection services for Project No. 7242 in an amount of $10,080; 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:
1. Resolution No. 23-71
2. Location Map
Attachment No. 1
RESOLUTION NO. 23-71
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 MEASURE “M”
BOND PROCEEDS TO PROJECT NO. 7242 – EXCELSIOR DRIVE AND
BLOOMFIELD AVENUE SPEED FEEDBACK SIGN IMPROVEMENTS
WHEREAS, the Fiscal Year (FY) 2023/24 Budget includes Project No. 7242 – Excelsior Drive and Bloomfield Avenue Speed Feedback Sign Improvements to be funded with available Measure M Bond proceeds; and
WHEREAS, the project includes furnishing and installing four (4) Speed Feedback Signs at the intersection of Excelsior Drive and Bloomfield Avenue; and WHEREAS, City Council desires to amend the FY 2023/24 budget to allocate $19,500 of available Measure M funds to Project No. 7242.
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 accounts:
Account Number Increase Decrease
Expenditures:229-70-7242-2080 $19,500
Fund Balance:229-0480 $19,500
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 5th day of December 2023.
ANA VALENCIA
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
PROJECT SITE
Location Map - Excelsior Drive x Bloomfield Avenue
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Christine Roberto, Public Services Manager
Gabriela Garcia, Senior Management Analyst
SUBJECT: AGREEMENT AMENDMENT NO. 4 – TREE MAINTENANCE SERVICES –
ADJUST INSURANCE COVERAGE AND COMPENSATION
Background:
Since June 1997, the City has contracted for tree maintenance services with West Coast Arborists, Inc. (WCA). The scope of the contract involves trimming, pruning, and removal of City owned trees, along with emergency clearing of trees as directed by the City. The City has an existing agreement with WCA that expires in 2025.
The City underwent a Risk Management Evaluation (RME) review with the JPIA in October of 2022. The report is designed to assist the city in addressing areas in which risk exposure or loss data support the need for a change in operations or activity, the report outlined the need to update the West Cost Arborist agreement to include general liability wording on Action Item 2022-003 of the RME report.
As a result of the request to WCA to provide updated insurance coverage, WCA is requesting a 5% increase to contract rates. Staff has concluded that an amendment is necessary to mitigate potential risks associated with their services, and therefore are recommending that City Council approve the increase.
WCA and the City have forged a very productive, efficient, and effective working relationship. As a result of the successful partnership built between the City and WCA, more and more trees have been maintained annually. All work has been performed in a timely, efficient, and professional manner with little disruption to citizens and street traffic. WCA staff have also been receptive and accommodating to the needs of City staff and citizens while responding to emergencies, planting new trees, special request/tree donations, and stump removals.
City Council December 5, 2023
Agreement Amendment No. 4 – WCA Page No. 2
6 8
8 Fiscal Impact:
The cost increase for 6 months of Fiscal Year 2023/24 will be approximately $12,000 and is included in the current budget.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve Amendment No. 4, modifying the insurance requirements and adjusting the rate beginning January 1, 2024; and authorizing the City Manager to execute the Amendment, on behalf of the City, in a form approved by the City Attorney.
Attachments:
Amendment No. 4
AMENDMENT NO. 4 TO AGREEMENT FOR
TREE MAINTENANCE SERVICES
This Amendment No. 4 (“Fourth Amendment”) is entered into as of January 1, 2024 and is to that certain Agreement for Tree Maintenance Services between the City of Norwalk, a California municipal corporation (“City”) and West Coast Arborists, Inc., a California corporation (“Contractor”) dated June 18, 1997, as amended ("Agreement").
RECITALS
A. On June 18, 1997, City and Contractor entered into Agreement wherein Contractor agreed to perform tree maintenance services for City; B. On June 7, 2005, City and Contractor amended the Agreement to adjust the rate and extend the Agreement for ten (10) years expiring on June 30, 2015; C. On January 6, 2015, City and Contractor amended the Agreement to adjust the rate and extend the Agreement for ten (10) years expiring on June 30, 2025; D. On June 20, 2017, City and Contractor amended the Agreement to provide a mechanism for modifying the compensation beginning July 1, 2017; E. The parties desire to amend the Agreement to modify the insurance requirements and adjust the rate beginning January 1, 2024.
NOW THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
Section 1.Section 2.1 of the Agreement is amended to read as follows:
"2.1 Amount of Compensation. City shall pay Contractor at the following rates of compensation:
SCHEDULE OF COMPENSATION
Item Description Unit Current FY
23/24 Rate
Proposed FY
23/24 Rate
1 Grid Pruning Each Each $ 63.85 $ 67.05 2 Svc Request/Aesthetic Pruning Each $ 122.20 $ 128.30 3 Clearance Pruning Each $ 25.05 $ 26.30 4 Tree & Stump Removal 1-18" DBH Inch $ 21.65 $ 22.75 5 Tree & Stump Removal >18" DBH Inch $ 25.05 $ 26.30 6 Tree Only Removal Inch $ 14.80 $ 15.55 7 Stump Only Removal Inch $ 6.85 $ 7.20 8 Plant 15 Gal w/o RB Each $ 102.90 $ 108.05 9 Plant 15 Gal w/RB Each $ 122.20 $ 128.30 10 Plant 24" Box w/o RB Each $ 205.80 $ 216.10 11 Plant 24" Box w/RB Each $ 250.80 $ 263.35 12 SP Plant 15 Gal w/o RB Each $ 141.50 $ 148.55 13 SP Plant 15 Gal w/RB Each $ 160.75 $ 168.80 14 SP Plant 24" Box w/o RB Each $ 283.00 $ 297.15 15 SP Plant 24" Box w/RB Each $ 328.10 $ 344.50 16 Watering Day Day $ 334.40 $ 351.10
17 Crew Rental - per man Man/Hour $ 158.90 $ 166.85 18 Emergency Crew Rental - per man Man/Hour $ 111.15 $ 116.70 Section 2.Section 5 of the Agreement is amended in its entirety to read as follows:
5. Insurance, Indemnification and Bonds
5.1 Insurance
Without limiting Contractor’s indemnification of Agency, and prior to commencement of work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to Agency.
General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers.
Umbrella or excess liability insurance. [If required to meet higher limits].
Contractor shall obtain and maintain an umbrella liability insurance policy over and above the commercial general, automobile, and employer’s liability policies, with limits that will provide bodily injury, personal injury, and property damage liability coverage. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies.
Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by the Agency prior to commencement of performance. Current certification of insurance shall be kept on file with Agency at all times during the term of this contract and any additional length of time following the end of the contract period as required by the contract. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Contractor, their agents, representatives, employees, or subcontractors.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Agency’s rights of enforcement. In the event any policy of insurance required under this agreement does not comply with these specifications or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to Agency with a 30-day notice of cancellation (except for nonpayment for which a 10-day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.
Additional insured status. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Automobile liability policies shall contain, or be endorsed to contain, additional insured coverage for the Agency.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Contractor agrees to ensure that its sub-contractors, sub- contractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to Agency for review.
Agency’s right to revise specifications. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by Agency. Agency reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Section 3.Section 5.2 of the Agreement is amended in its entirety to read as follows:
5.2 Indemnification
Contractor shall indemnify, defend and hold harmless City, and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors and assigns in accordance with the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit B. Contractor's indemnifications and obligations shall survive the expiration or termination of this Agreement for claims for injuries to persons or damages to property declared to have occurred during the contract period or alleged to be as a result of work performed during the contract period.
Section 4.The Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution attached hereto as Exhibit B is hereby incorporated by reference into the Agreement.
Section 5. Except as expressly modified or supplemented by this Fourth Amendment, all of the provisions of the Agreement, as amended by the First Amendment, Second Amendment, and Third Amendment shall remain unaltered and in full force and effect.
In the event of a conflict between the provisions of this Fourth Amendment and the provisions of the Agreement or the First Amendment, Second Amendment and the Third Amendment the provisions of the Fourth Amendment shall control. [SIGNATURES TO FOLLOW]
The parties, through their respective authorized representatives, are signing this Fourth Amendment as of the date stated in the introductory clause:
CITY OF NORWALK WEST COAST ARBORISTS, INC.
By: ____________________________ By:_____________________________ Jesus M. Gomez, Name:
City Manager Title:
Date: ____________________________
ATTEST: By:_____________________________
Name:
By: ______________________________ Title:
Theresa Devoy, CMC
City Clerk
(Please note, two signatures required for
APPROVED AS TO FORM: corporations pursuant to California Corporations Code Section 313.)
___________________________________
Arnold Alvarez-Glasman
City Attorney
EXHIBIT B
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description: Tree Maintenance Services_____________________________________________________ Indemnitor(s) (list all names): West Coast Arborists, Inc.
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Norwalk and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification and Hold Harmless Agreement.
Indemnitor(s), on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees. Such claims, losses and liabilities include, but are not limited to, contraction of the COVID-19 virus and physical and/or emotional injuries and/or death caused by contraction of the COVID-19 virus. To the fullest extent permitted by law, this waiver is intended to be a complete release of Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
“Indemnitor”
Print Name: Print Name: ___________________________ Signature:_____________________________ Signature:_____________________________ Title: Title:_________________________________
Date:_____________________ Date:___________________ City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Sonia Batres, Recreation & Park Services Superintendent SUBJECT: RESOLUTION NO. 23-72 - SUPPORT OF AN APPLICATION FOR OUTDOOR
EQUITY PROGRAM GRANT FUNDS
Background:
The Outdoor Equity Grants Program (OEP) improves the health and wellness of Californians through new educational and recreational activities, service learning, career pathways, and leadership opportunities that strengthen a connection to the natural world. The intent of the program is to increase the ability of residents in underserved communities to participate in outdoor experiences within their community, at state parks, and other public lands.
Round Two of the Outdoor Equity Program provides funding for California’s underserved communities, which will continue to advance the goals of the “Outdoor Access for All” initiative championed by Governor Gavin Newsom and First Partner Jennifer Siebel Newsom and the Natural Resources Agency’s “Outdoors for All” initiative. Grant awards range from $20,000 to $700,000. Eligible programs must be outdoor programs designed to take place in the community and at natural area destinations through California.
The Recreation and Park Services Department will be applying for Round Two of the Outdoor Equity Program. The application process requires an approved resolution from the City of Norwalk City Council. If awarded, grant funds will go towards the development of educational outdoor activities in the community and day or overnight trips to natural area destinations in California.
Fiscal Impact:
N/A
Citizens Advised:
Community outreach meetings were held on November 14, 18, and 29.
City Council December 5, 2023
Resolution No. 23-72 - Support of an Application for
Outdoor Equity Program Grant Funds
Page No. 2
6 9
5 Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt RESOLUTION 23-72, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK APPROVING AN APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS.
Attachments:
1. Resolution No. 23-72
2. Grant Application Form
Attachment No. 1
RESOLUTION NO. 23-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
APPROVING AN APPLICATION FOR OUTDOOR EQUITY GRANTS
PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the City to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program, which will consist of outdoor educational programs within the community and in natural area destinations such as regional, state, national park, tribal land, river or lake, beach, forest, mountain or desert area for day or overnight trips within the state.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.Authorizes staff to file an application for the Outdoor Equity Grants Program administered by the State Department of Parks and Recreation.
Section 2.Certifies that the City has or will have available, prior to commencement of any work on the programs included in this application, sufficient funds to complete the program.
Section 3.Certifies that if the grant is awarded, the City has or will have sufficient funds to operate the programs as described in the Grant Selection Criteria response.
Section 4.Certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide.
Section 5.Delegates the authority to the City Manager to conduct all negotiations, sign, and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope.
Section 6.Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations, and guidelines.
Resolution No. 23-72 Page 2 of 2
2 9
9 9
Section 7.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 5th day of December 2023.
ANA VALENCIA
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
APPLICATION FORM (CHECKLIST ITEM #1)
State of California – Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Outdoor Equity Grants Program
APPLICATION FORM
PROGRAM NAME (include a name that best identifies the community, 50-character limit) REQUESTED GRANT AMOUNT $
OTHER FUNDING SOURCES (IF APPLICABLE) $
TOTAL PROGRAM COST $
COMMUNITY HOME BASE NAME and PHYSICAL ADDRESS
COUNTY OF COMMUNITY HOME BASE
APPLICANT NAME (entity applying for the GRANT) and MAILING ADDRESS AUTHORIZED REPRESENTATIVE, as shown in Authorizing Resolution Name (typed or printed) and Title Email address Phone
APPLICATION CONTACT, for detailed application questions (if different from AUTHORIZED
REPRESENTATIVE)
Name (typed or printed) and Title Email address Phone
GRANT CONTACT, for administration of grant if awarded (if different from Application Contact above) Name (typed or printed) and Title Email address Phone
GRANT SCOPE, I represent and warrant that this APPLICATION describes the intended use of the requested GRANT to complete the items listed in the attached GRANT SCOPE/Cost Estimate Summary Form.
I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION, including required attachments, is accurate.
Signature of AUTHORIZED REPRESENTATIVE Date
Print Name Title
15 ATTACHMENT 2_APPLICATION FORM
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Mario Mera, Engineering Division Manager
SUBJECT: RESOLUTION NO. 23-73 - BUDGET AMENDMENT - AWARD CONTRACT FOR
ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR PROJECT NO. 7920, LOCAL STREET REHABILITATION ZONES 4 & 31 AND PROJECT NO. 7934, LOCAL STREET REHABILITATION ZONE 7
Background:
The City Local Streets Rehabilitation Program identifies areas within the City (Zones) where road repairs will be performed using Measure M, Measure R, Road Maintenance and Rehabilitation Account (RMRA), and Street Renovation funds. The selected Year 3 projects qualify for Street Renovation funding.
The Year 1 Projects, Capital Improvement Program (CIP) Project Nos. 7924, 7925, and 7926 have been completed and closed-out. The Year 2 Projects, CIP Project Nos. 7927, 7928, and 7929 are currently completing the last phase of roadway rehabilitation and upgrades with completion planned for February 2024. To initiate the Year 3 efforts, on November 8, 2023, staff added Project No. 7934 and solicited proposals for engineering design and construction support services for it, Zone 7 and Project No. 7920 for Zones 4 and 31. Attachments A-1 thru A-4 show the Year 3 pavement zones. The length of roadway work is 12.99 miles.
To address resource needs, staff solicited a request for qualifications (RFQ No. 23-705) in October 2022. City Council approved 19 consulting firms on February 21, 2023 and May 2, 2023 to establish an on-call services prequalified list. Consultants were deemed qualified if their proposal met minimum requirements; were ranked based on their expertise, previous experience, resource availability, project work type; services offered and staff augmentation availability.
City Council December 5, 2023
Project Nos. 7920 and 7934 – Local Street
Rehabilitation for Zones 4, 7, and 31 – Resolution No.
23-73
Page No. 2
7 1
7 On November 8, 2023, Engineering Work Order No. 1 was solicited to three of the prequalified consulting firms with the necessary subject expertise, licenses, resources and certifications to provide the requested services.
Table 1: Project Work Scopes
Project
Description
Local Street Rehabilitation Program:
Project No. 7920 Zones 4 and 31
Project No. 7934 Zone 7
Engineering Design Services
Requested
Services
Engineering Design services, development of
construction documents in preparation for
solicitation of construction services, bidding process
support, and construction engineering support
services
Project
Duration Design Services: 5 months
On November 13, 2023, staff received responses from three consultants shown per Table 2.
Proposals were evaluated and ranked based on qualifications-based selection criteria considering experience demonstrated with similar work scopes and key staff assigned.
Consulting fees reflect their individual rate sheets as submitted under RFQ No. 23-705.
Table 2: Engineering Work Order No. 1 – Proposals Received JMD, Inc. $754,350 (Lump Sum)
Kimley-Horn and Associates, Inc. $873,670 (Lump Sum)
Transtech, Inc. $441,075 (Hourly basis)
Submittals were reviewed by staff and determined that proposals from JMD, Inc. (JMD) and Kimley–Horn and Associates, Inc. (K-H) were responsive to the work scopes for the respective projects as presented in Table 1: Project Work Scopes. Additionally, both firms JMD and K-H provide lump-sum proposals whereas Transtech, Inc., provided an initial proposal to be billed on the basis of actual hours worked. Staff recommends to award a Professional Services Agreement to JMD at lump sum cost for services of $754,350 for the provision of engineering design and construction support services as requested in Engineering Work Order No. 1 (above).
City Council December 5, 2023
Project Nos. 7920 and 7934 – Local Street
Rehabilitation for Zones 4, 7, and 31 – Resolution No.
23-73
Page No. 3
7 1
7 Per RFQ No. 23-705, recommendations for agreement award for services will be for an initial term of two years, regardless of individual project duration. Agreement terms will also incorporate the option to extend for two additional one-year term extensions, if agreeable to both parties. Funding of contract agreements will be presented to City Council for recommendation and approval for each service requested.
Fiscal Impact:
Funding is available per the approved Fiscal Year 2023/24 CIP budget and will be programmed into Fiscal Year 2024/25 budget. CIP budgets are part of the approved budgeting process.
Respective funds involved for the CIP are from various sources such as Measures M and R, Proposition C, and Street Renovation Fund for streets and traffic related projects. Appropriate funding sources will be identified, recommended and assigned to specific on-call services prior to award of contracts.
The Zones that are planned for design completion in Year 3 of the Local Street Rehabilitation Program and their associated design costs and funding sources are as follows:
Year CIP – Zone Design Fee RMRA (SB1)
Fund
Street
Renovation
Fund
3 Project 7920 – Zone 4 $235,313 $235,313
3 Project 7934 – Zone 7 $208,891 $208,891
3 Project 7920 – Zone 31 $310,146 $310,146
Total $545,459 $545,459 $208,891
No General Fund monies will be used.
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 aging infrastructure.
Recommended Action:
City Council December 5, 2023
Project Nos. 7920 and 7934 – Local Street
Rehabilitation for Zones 4, 7, and 31 – Resolution No.
23-73
Page No. 4
7 1
7 Staff recommends City Council:
a. adopt Resolution No. 23-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO APPROPRIATE STREET RENOVATION FUNDS TO PROJECT NO. 7934 – LOCAL STREETS REHABILITATION PROJECT DESIGN of ZONE 7, in the amount of $208,891; and
b. award an Agreement to JMD, Inc. for Project Nos. 7934 (Zone 7) and 7920 (Zones 4 and 31) to provide engineering services for design and construction support for Engineering Work Order No. 1 for a term of two years from the date of execution, with the option to extend for two additional one-year term extensions, for an amount not to exceed $754,350; and authorize the City Manager to execute the agreement, authorize the City Manager to approve amendments up to his signature authority, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Resolution No. 23-73
2. Attachments A-1 thru A-4
Attachment 1
RESOLUTION NO. 23-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO APPROPRIATE STREET RENOVATION
FUNDS TO PROJECT NO. 7934 – LOCAL STREETS REHABILITATION PROJECT DESIGN ZONE 7
WHEREAS, the Fiscal Year (FY) 2023/24 Budget did not include new Project No. 7934; and
WHEREAS, the project includes grind and overlay, specific location full-depth removal/replacement, cape seal rehabilitation or application of a slurry seal coating; and WHEREAS, the project includes upgrading of accessibility ramps and cross gutters with slots to current standards at intersection corners; and WHEREAS, the new project requires appropriation of funds; and WHEREAS, the project requires Street Renovation funds; and WHEREAS, City Council desires to amend the FY 2023/24 budget to allocate $208,891 of available Street Renovation funds to Project No. 7934; and
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 accounts:
Account Number Increase Decrease
Expenditures:748-70-7934-2080 $208,891
Fund Balance:748-0480 $208,891
Resolution No. 23-73 Page 2 of 2
3 0
2 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 5th day of December 2023.
ANA VALENCIA
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
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City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Allan Perdomo, Director of Recreation & Park Services SUBJECT: ADOPT RESOLUTION NO. 22-74 - SUPPORT OF THE FORMATION OF AND
INCLUSION IN THE LOWER SAN GABRIEL RIVER RECREATION AND PARK
DISTRICT
Background:
In October of 2021, California Senate Bill (SB) 268, sponsored by Senator Bob Archuleta, was signed into law authorizing the formation of the Lower San Gabriel River Recreation and Parks District (District). This District would be responsible for the coordination of park developments and activities along the San Gabriel River that exceed the boundaries of the individual cities.
The Lower San Gabriel River is largely defined by the Whittier Narrows Dam on the north and the Pacific Ocean in the City of Long Beach to the south. According to the CalEnviroScreen 4.0, many census tracts along the river are categorized as “disadvantaged communities” due to disproportionate exposure to poor air quality resulting from congested freeways such as the I- 605, I-5, SR-91, and the I-405. The San Gabriel River also features a Class-I bike path that connects to numerous points of interest, thereby, serving as a backbone to the regional active transportation network in Los Angeles County. Beyond its primary purpose as a flood protection and control channel, the Lower San Gabriel River offers an opportunity to introduce new parks and recreation space, revitalize natural habitats, promote new economic activity, and enhance the micro-mobility system.
Funding to enhance existing parks or to build new parks is typically made available through competitive grant programs at all levels of government. However, identifying a steady stream of resources to maintain and operate those parks in perpetuity is often the most pressing challenge.
For example, the State Water Bond (Proposition 1) provides funding for the revitalization of the Lower Los Angeles River watershed, including a $30 million direct allocation to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC), and a share of $100 million for urban creek restoration. These funds are strictly reserved for acquisition and development of
City Council December 5, 2023
Adopt Resolution In Support of Lower San Gabriel
River Recreation and Park District
Page No. 2
6 9
7 facilities and cannot be used for operations or maintenance. Hence, the need to establish a long- term, unified funding strategy that benefits all cities throughout the San Gabriel River corridor.
SB 268 authorizes Los Angeles County cities along the Lower San Gabriel River to form a multi- jurisdictional Special Assessment District, the Lower San Gabriel River Recreation and Parks District, to:
1. Promote the development of open space and parks along the Lower San Gabriel River.
2. Identify funding and resources to promote the revitalization of the Lower San Gabriel River and open spaces along the river for the benefit and enjoyment of local communities.
3. Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.
The City of Pico Rivera will serve as the lead city applicant for the formation of the District. To ensure due diligence while striving to gain overarching consensus, Pico Rivera, in partnership with the RMC, has been actively engaging and informing local city managers, public works directors, and parks directors, along the Lower San Gabriel River about the overall background, intent and purpose, and next steps associated with SB 268.
As of today the cities of Pico Rivera, Long Beach, Downey, and Whittier have executed support towards the creation of the district.
Fiscal Impact:
The creation of the Lower San Gabriel River and Park District has no fiscal impact on the cities operating budget and will not request any transfer of land taxes from the member cities. The district will leverage the power of the member cities to apply for federal, state and county grant.
Citizens Advised:
N/A
City Council December 5, 2023
Adopt Resolution In Support of Lower San Gabriel
River Recreation and Park District
Page No. 3
6 9
7 Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Resolution No. 22-74, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK IN SUPPORT OF THE FORMATION OF AND INCLUSION IN THE “LOWER SAN GABRIEL RIVER RECREATION AND PARKS DISTRICT”.
Attachments:
1. Resolution No. 22-74
2. Senate Bill 268 – Final Bill Text
Attachment 1
Resolution No. 22-74 Page 1 of 2
3 0
0 3
RESOLUTION NO. 22-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
IN SUPPORT OF THE FORMATION OF AND INCLUSION IN THE
“LOWER SAN GABRIEL RIVER RECREATION AND PARKS DISTRICT” WHEREAS, In October of 2021, California Senate Bill 268, sponsored by Senator Bob Archuleta, was signed into law authorizing the formation of the Lower San Gabriel River Recreation and Parks District (District); and
WHEREAS, The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Act) establishes procedures for local government changes of organization, including city incorporations, annexations to a city or special district, and city and special district consolidations.
WHEREAS, The Lower San Gabriel River originates at the Whittier Narrows Dam and flows Southward to the Pacific Ocean through many disadvantaged communities, where residents are disproportionally impacted by poor air quality from local heavy industry and congested transportation corridors, and suffer from a severe lack of access to recreational opportunities and outdoor park space; and WHEREAS, Parks have many beneficial impacts on communities; encouraging physical activity, improving health and fitness, reducing urban heating effects and air pollution, reducing greenhouse gas emissions through trees and greenery, and providing important economic benefits; and
WHEREAS, Many communities along the Lower San Gabriel River are among some of the most park-poor areas Los Angeles County, lacking the resources to fund, develop, maintain and operate the parks and recreational opportunities that their residents need; and
WHEREAS, The City of Norwalk, having significant interest in the continued development of recreational opportunities for all residents, including facilities and activities which utilize and enhance this important resource and which improves access to the Lower San Gabriel River for everyone; and
WHEREAS, The proposed annexation of the Lower San Gabriel River Recreation and Parks District is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 20, as a change in the organization of local agencies, and the Categorical Exemption was adopted by the City of Pico Rivera, as lead agency, on March 28, 2023.
Attachment 1
Resolution No. 22-74 Page 2 of 2
3 0
0 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. This Resolution is hereby adopted and approved by the Norwalk City Council in support of the City of Norwalk’s application for formation of the Lower San Gabriel River Recreation and Parks District as authorized and in the manner provided by the Cortese-Know-Hertzberg Local Government Reorganization Act of 2000.
Section 2. The City of Norwalk will cooperate with the formation of the District and is requesting to be included within the District as outlined in Senate Bill 268 and as indicated on the finalized District Boundary Map.
Section 3.The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission for the County of Los Angeles.
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 5th day of December, 2023.
ANA VALENCIA
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
Senate Bill No. 268
CHAPTER 761
An act to amend Sections 5795.10, 5796, 5796.10, and 5796.20 of the Public Resources Code, relating to parks and recreation. [Approved by Governor October 9, 2021. Filed with Secretary of State October 9, 2021.]
legislative counsel’s digest
SB 268, Archuleta. Parks and recreation: Lo wer Los Angeles Ri ver Recreation and Park District: Lower San Gabriel River Recreation and Park District: establishment: board of directors.
(1) Existing law authorizes the establishment of the Lower Los Angeles River Recreation and P ark District by petition or resolution submitted to the Los Angeles County Local Agency F ormation Commission before January 1, 2021. Existing law authorizes 10 specified city councils to each appoint one member, and the Los Angeles County Board of Supervisors to appoint 2 members, to serve at the pleasure of the appointing entity on the initial board of directors of the district. Existing la w authorizes the city councils of the Cities of Commerce, Downey, Montebello, and Pico Rivera to jointly appoint one member to serve a 2-year term on the initial board of directors of the district.
This bill w ould authorize the city councils of the Cities of Commerce, Downey, Montebello, and Pico Rivera to each appoint one member to serve at the pleasure of the appointing city council on the initial board of directors of the district, rather than to jointly appoint one member to serv e a 2-year term. The bill would authorize the Los Angeles County Board of Supervisors to appoint 3 members, rather than 2 members, to serve on the initial board of directors of the district.
(2) Existing law authorizes the establishment of the Lower San Gabriel River Recreation and P ark District by petition or resolution submitted to the Los Angeles County Local Agency F ormation Commission before January 1, 2020. Existing law authorizes specified city councils, including the city council of the City of Montebello, and the Los Angeles County Board of Supervisors to appoint members to serv e on the initial board of directors of the district. Under e xisting la w, a violation of an y rule, regulation, or ordinance adopted by the board of directors of a recreation and park district is a crime.
This bill would extend the deadline to submit the petition or resolution establishing the district from January 1, 2020, to January 1, 2024. The bill would remove the authorization for the city council of the City of Montebello to appoint a member to the district’ s initial board of directors and w ould authorize the Los Angeles County Board of Supervisors to appoint one
96 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
additional public member to the initial board of directors. The bill would also make various nonsubstantive changes.
Because a violation of a rule, re gulation, or ordinance adopted by the board of directors of the district w ould be a crime, this bill w ould impose a state-mandated local program by e xtending the deadline by which the district may be established.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Lo wer Los Angeles River Recreation and Park District and the Lo wer San Gabriel Ri ver Recreation and P ark District.
(4) The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 5795.10 of the Public Resources Code is amended to read:
5795.10. Notwithstanding Article 4 (commencing with Section 5783), the initial board of directors of the district shall consist of no more than 17 members, as follows:
(a) The city council of each of the follo wing cities may appoint one representative:
(1) The City of Vernon.
(2) The City of Maywood.
(3) The City of Bell.
(4) The City of Bell Gardens.
(5) The City of Cudahy.
(6) The City of South Gate.
(7) The City of Lynwood.
(8) The City of Compton.
(9) The City of Paramount.
(10) The City of Long Beach.
(11) The City of Commerce.
(12) The City of Downey.
(13) The City of Montebello.
(14) The City of Pico Rivera.
(b) The Los Angeles County Board of Supervisors may appoint three public members. One of those members shall be a representati ve of a nonprofit organization serving the Lower Los Angeles River region. (c) A person appointed to the board of directors shall serve at the pleasure of the city council or county board of supervisors that made the appointment.
SEC. 2. Section 5796 of the Public Resources Code is amended to read:
96 — 2 — Ch. 761
5796. (a) The Lower San Gabriel Ri ver Recreation and P ark District may be established subject to this chapter and the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Di vision 3 (commencing with Section 56000) of Title 5 of the Government Code). (b) A petition or resolution to establish the district pursuant to this article and Article 3 (commencing with Section 5782) shall not be submitted to the Los Angeles County Local Agency Formation Commission on or after January 1, 2024.
SEC. 3. Section 5796.10 of the Public Resources Code is amended to read:
5796.10. Notwithstanding Article 4 (commencing with Section 5783), the initial board of directors of the district shall consist of no more than 15 members, as follows:
(a) The city council of each of the follo wing cities may appoint one representative:
(1) The City of Downey.
(2) The City of Whittier.
(3) The City of Pico Rivera.
(4) The City of Norwalk.
(5) The City of Santa Fe Springs.
(6) The City of Artesia.
(7) The City of Bellflower.
(8) The City of Cerritos.
(9) The City of Lakewood.
(10) The City of Hawaiian Gardens.
(11) The City of Long Beach.
(b) The Los Angeles County Board of Supervisors may appoint tw o public members. These members shall reside in the Lo wer San Gabriel River region.
(c) The executive officer of the San Gabriel and Lo wer Los Angeles Rivers and Mountains Conserv ancy established pursuant to Di vision 22.8 (commencing with Section 32600) may serve as a member.
(d) The other members of the initial board of directors may appoint one public member. This member both shall be a representati ve of a nonprofit organization that serves the Lower San Gabriel River region and specializes in open space public education, and outdoor acti vities, and shall reside in the Lower San Gabriel River region.
(e) A person appointed to the board of directors pursuant to subdivision (a) or (b) shall serve at the pleasure of the city council or county board of supervisors that made the appointment.
SEC. 4. Section 5796.20 of the Public Resources Code is amended to read:
5796.20. (a) In addition to the po wers enumerated in Article 7 (commencing with Section 5786), which shall be subject to re view and approval by the Los Angeles County Local Agency Formation Commission upon formation, change of or ganization, or reor ganization under the Cortese-Knox-Hertzberg Local Go vernment Reorganization Act of 2000 96 Ch. 761 — 3 —
(Division 3 (commencing with Section 56000) of Title 5 of the Government Code), and to the financing authority pro vided by Article 9 (commencing with Section 5788), Article 10 (commencing with Section 5789), and Article 11 (commencing with Section 5790), the district shall do all of the following:
(1) Promote the development of open space and parks along the Lo wer San Gabriel River.
(2) Identify funding and resources to promote the re vitalization of the Lower San Gabriel Ri ver and open spaces along the ri ver for the benefit and enjoyment of local communities.
(3) Acquire, construct, improve, maintain, and operate parks and open space along the Lower San Gabriel River.
(b) The district shall conduct the activities specified in paragraphs (1) to (3), inclusive, of subdivision (a) in coordination with the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy established pursuant to Di vision 22.8 (commencing with Section 32600), which has certain responsibilities regarding the Lower San Gabriel River.
SEC. 5. The Le gislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the urgent need for local park space along the Lower Los Angeles River and the Lower San Gabriel River, and the communities through which these rivers pass.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
O
96 — 4 — Ch. 761
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Allan Perdomo, Director of Recreation and Park Services Christine Roberto, Public Services Manager
SUBJECT: AWARD CONTRACT FOR INSTALLATION OF DOG PARK FENCING AT BOB
WHITE PARK
Background:
The City received Proposition 68 Per Capita and Urban County allocated funding for the purchase and installation of fencing to create a dog park at Bob White Park, as well as installation of a pre-fab restroom facility. The restroom facility is in process and staff is requesting to award work for the dog park fence. Staff conducted a bid process in November. Five firms responded with the following results:
Vendor Name Bid Amount
No Limit Fence Company $46,207.50
NS Metal Structures & Design, Inc. $48,422.00
EverFence $70,322.60
Quality Fence Co. Inc. $89,598.53
BWW & Company, Inc. $155,564.00
No Limit Fence Company of Huntington Beach, is the lowest responsive and responsible bidder. Bidders were also requested to provide an optional price to install curved fencing at the front side of the dog park. No Limit Fencing provided the overall lowest cost, including $3,528 for the optional curved front fence bid item, bringing the total cost of the project to $49,735.50. Work is anticipated to be completed by the end of the year.
City Council December 5, 2023
Award Contract – Dog Park Fencing at Bob White Park Page No. 2 6 9
6 Fiscal Impact:
Funding is included in the Fiscal Year 2023/24 budget for this project through Proposition 68 allocated cost grants.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
The recommended action will further the City’s Strategic Plan Goal 3: Create and Sustain a Resilient and Economically Prosperous City; Objective 1 – Create Dynamic Neighborhoods.
Recommended Action:
Staff recommends City Council award a contract to No Limit Fencing Company in the amount of $49,735.50 for the purchase and installation of fencing to create a dog park at Bob White Park; and authorize the City Manager to execute the contract and any amendments provided there is funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.
Attachments:
N/A
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Mario Mera, Engineering Division Manager
SUBJECT: PROJECT NO. 7935 – RESOLUTION NO. 23-75 BUDGET AMENDMENT -
AWARD CONTRACT FOR ENGINEERING DESIGN AND CONSTRUCTION
SUPPORT SERVICES FOR LOCAL STREET REHABILITATION ZONES 2, 9, & 29 Background:
The City’s Local Streets Rehabilitation Program identifies areas within the City (Zones) where road repairs are performed using Measure M, Measure R, Road Maintenance and Rehabilitation Account (RMRA), and Street Renovation funds. The selected Year 3 projects qualify for Street Renovation funding.
The Year 1 Projects, Capital Improvement Program (CIP) Project Nos. 7924, 7925, and 7926 have been completed and closed-out. The Year 2 Projects, CIP Project Nos. 7927, 7928, and 7929 are currently completing the last phase for roadway rehabilitation and upgrades with completion planned for February 2024. To initiate the Year 3 efforts, on November 8, 2023, staff solicited proposals for the procurement of professional engineering design and construction support services for CIP Project No. 7935 Zones 2, 9, and 29. Attachments B-1 thru B-3 show the Year 3 pavement zones. The total length of roadway work included in Year 3 pavement zones is 14.81 miles.
To address resource needs, staff solicited a request for qualifications (RFQ No. 23-705) in October 2022. City Council approved 19 consulting firms on February 21, 2023 and May 2, 2023 to establish an on-call services prequalified list. Consultants were deemed qualified if their proposal met minimum requirements; were ranked based on their expertise, previous experience, resource availability, project work type; services offered and staff augmentation availability. On November 8, 2023, Engineering Work Order No. 2 was solicited to three of the prequalified consulting firms with the necessary subject expertise, licenses, resources and certification to provide the requested services.
City Council December 5, 2023
Project. No. 7935 Zones 2, 9, and 29 – Resolution No.
23-75 – Budget Amendment
Page No. 2
7 1
3 Table 1: Project Work Scopes
Project Description Local Street Rehabilitation Program Project No. 7935: Zones 2, 9, & 29
Requested Services Engineering design services, development of construction documents in preparation for solicitation of construction services, bidding process support, and construction engineering support services.
Project Duration Design Services: 5 months
On November 13, 2023, staff received responses from three consultants shown per Table 2.
Proposals were evaluated and ranked based on qualifications-based selection criteria considering experience demonstrated with similar work scopes and key staff assigned.
Consulting fees reflect their individual rate sheets as submitted under RFQ No. 23-705.
Table 2: Engineering Work Order No. 2 – Proposals Reviewed Kimley-Horn and Associates, Inc. $986,590 (lump sum)
JMD, Inc. $885,628 (lump sum)
Transtech, Inc. $496,850 (hourly basis)
Staff reviewed the submittals and determined that proposals from JMD, Inc. (JMD) and Kimley– Horn and Associates, Inc. (K-H) were responsive to the work scopes for the respective projects as presented in Table 1: Project Work Scopes. Additionally, both firms JMD and K-H provided lump-sum proposals whereas Transtech, Inc., provided an initial proposal to be billed on the basis of actual hours worked. Staff recommends award of a Professional Services Agreement to K-H for a lump sum cost for services of $986,590 to provide engineering design and construction support services as requested per Engineering Work Order No. 1 (above).
Per RFQ No. 23-705, recommendations for agreement award for services will be for an initial term of two years, regardless of individual project duration. Agreement terms will also incorporate the option to extend for two additional one-year term extensions, if agreeable to both parties. Funding of contract agreements will be presented to City Council for recommendation and approval for each service requested.
Fiscal Impact:
Funding is available per the approved Fiscal Year 2023/24 CIP budget and will be programmed into Fiscal Year 2024/25 budget. Respective funds involved for the CIP are from various sources such as Measures M and R, Proposition C and Street Renovation Fund for streets and traffic related projects. Appropriate funding sources will be identified, recommended and assigned to specific on-call services prior to award of contracts.
The Zones planned for design completion in Year 3 of the Local Street Rehabilitation Program and their associated design costs and funding sources are as follows:
City Council December 5, 2023
Project. No. 7935 Zones 2, 9, and 29 – Resolution No.
23-75 – Budget Amendment
Page No. 3
7 1
3 Program
Year
CIP Project No. (Zone) Design Cost Street Renovation Fund 3 7935 (Zone 2) $483,429 $483,429
3 7935 (Zone 9) $236,782 $236,782
3 7935 (Zone 29) $266,379 $266,379
Total $986,590 $986,590
No General Fund monies will be used.
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 aging infrastructure.
Recommended Action:
Staff recommends City Council:
a. adopt Resolution No. 23-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO APPROPRIATE STREET RENOVATION FUNDS TO PROJECT NO. 7935 – LOCAL STREETS REHABILITATION PROJECT DESIGN of ZONES 2, 9, and 29, in the amounts of $986,590; and
b. award a Professional Services Agreement to Kimley-Horn and Associates, Inc. for Project No. 7935 (Zones 2, 9 and 29) to provide professional engineering services for design and construction support for scope of services included in Engineering Work Order No. 1 for a term of two years from the date of execution, with the option to extend for two additional one-year term extensions, for an amount not to exceed $986,590; and authorize the City Manager to execute the agreement, approve amendments within the City Manager’s signing authority, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Resolution 23-75
2. Attachments B-1 through B-3
Attachment 1
RESOLUTION NO. 23-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO APPROPRIATE STREET RENOVATION
FUNDS TO PROJECT NO. 7935 – LOCAL STREETS REHABILITATION PROJECT DESIGN ZONE 2, 9, AND 29
WHEREAS, the Fiscal Year (FY) 2023/24 Budget did not include new Project No. 7935; and
WHEREAS, the project includes grind and overlay, specific location full-depth removal/replacement, cape seal rehabilitation or application of a slurry seal coating; and WHEREAS, the project includes upgrading of accessibility ramps and cross gutters with slots to current standards at intersection corners; and WHEREAS, the new project requires appropriation of funds; and WHEREAS, the project requires Street Renovation funds; and WHEREAS, City Council desires to amend the FY 2023/24 budget to allocate $986,590 of available Street Renovation funds to Project No. 7934; and
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 accounts:
Account Number Increase Decrease
Expenditures:748-70-7935-2080 $986,590
Fund Balance:748-0480 $986,590
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 5th day of December 2023.
ANA VALENCIA
MAYOR
ATTEST:
THERESA DEVOY, CMC
CITY CLERK
Attachment 2
ENGINEERING WORK ORDER #2 | ATTACHMENT B-1
LOCAL ROADWAY REHABILITATION DESIGN SUPPORT AND STAFF AUGMENTATION NORWALK PMS ZONE 2,9,&29
ZONE 2
LEGEND
ZONE 9 PAVEMENT MANAGEMENT ZONES
INCLUDED STREET
N
SENW
OOD
BRIM
LEY
ST
.
ZONE 29
LOCAL STREET ZONES MAP
NORWALK BLVD
BLOOMFIELD BLVD
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Theresa Clark, Transit Administration Officer
SUBJECT: AUTHORIZATION TO SUBMIT ANNUAL SHORT RANGE TRANSIT PLAN FOR FISCAL YEARS 2024-2026
Background:
The Los Angeles County Metropolitan Transportation Authority (Metro) as the Transportation Planning Authority, is required by Federal and State statutes to prepare the Transportation Improvement Program (TIP) for all Los Angeles County municipal transit agencies on an annual basis. The Short Range Transit Plan (SRTP) facilitates input from each of the 16 municipal transit agencies, including Norwalk Transit System (NTS), on its planning and financial activities for inclusion into the Metro TIP. The SRTP/TIP serves as a formal record of both Metro and other municipal agencies’ commitment to on-going safe, efficient, and quality transit services in keeping with components of the federal funding process.
It is the responsibility of Metro to review each municipal transit operator’s SRTP to ensure compliance with all Federal, State, and local reporting requirements is achieved as well as ensuring that data collection efforts and operating budgets are consistent with funding assumptions and regional planning policies.
The SRTP is NTS’s primary planning document and is updated annually according to guidelines issued by Metro. It describes the organizational structure in keeping with current and planned service changes over three years. Also, descriptions of the financial and capital improvements associated with major projects/programs are included as a reference for various internal and external stakeholders.
Major highlights and initiatives in the 2024-2026 SRTP include the following:
Fixed Route Service: The fixed-route service utilizes 34 buses which provide local circulation and inter-jurisdictional service connecting Norwalk and adjoining communities of Artesia,
City Council December 5, 2023
Annual Short Range Transit Plan for Fiscal Years 2024-
2026
Page No. 2
7 2
2 Bellflower, Cerritos, El Monte, La Mirada, La Habra, Santa Fe Springs, South El Monte, Whittier, and the unincorporated areas of Los Angeles County; as well as, providing bus service as a link between the Metro Green Line Light Rail Station and the Norwalk/Santa Fe Springs Metrolink Commuter Rail Station. Configuration of the routes was to a large extent, determined through significant community involvement.
NTS has not assumed any fixed-route service changes since the last SRTP. Ridership and passenger fare revenue are slowly improving given the lingering impact of the COVID-19 pandemic outbreak and discontinuation of enforcing the collection of fares between March 23, 2020 thru February 20, 2022. Ridership has increased from 789,762 in Fiscal Year 2022 to 1,022,686 passengers annually in FY 2023.
NTS will resume conducting its planned Comprehensive Operational Analysis in early 2024 to review the performance of Routes 1 through 5 and 7 and identifying potential adjustments to improve on-time performance and productivity. Additionally, the feasibility of designing a pilot program to implement a new “microtransit” service as a supplement to both non-productive fixed route services and User-Side Subsidy Dial-A-Ride Service; including connecting Metrolink rail passengers via first and last mile service between their final destinations (i.e. large employer worksites in Norwalk, Santa Fe Springs, Whittier, etc.) will be explored.
Dial-a-Ride Service: NTS’s current Dial-a-Ride service will also be assessed by NTS staff for opportunities to provide trips through NTS microtransit concepts that include a Smart App reservation and payment system. The NTS Dial-A-Ride service currently provides curb-to-curb Advanced Reservation service for trips taken within the City using lift-equipped accessible vehicles; and weekday User-side Subsidy Taxicab service to approved medical facilities in the cities of Bellflower, Downey, Lakewood, Santa Fe Springs, and Whittier for senior and disabled residents.
Fare Media Revenues and Structure: NTS does not plan to implement any fixed-route or Dial- A-Ride fare increases. The last fare increase was on November 17, 2013. Additionally, NTS has coordinated with Metro in the implementation of a Countywide Fareless System Initiative (FSI) that includes voluntary participation by Muni operators. The FSI Program is for students at participating K-12 schools and community colleges, focused on helping students ride transit without the worry of paying fares.
Students participating in the FSI Program are issued a GoPass. The GoPass Program is available to students at participating K-12 schools and community colleges, with a focus on helping students ride transit without the worry of paying fare. With a registered GoPass TAP card, students attending participating schools can ride NTS, Metro, and 11 other participating transit systems to and from school, and for trips after school and on weekends.
NTS continues to participate in a major regional effort to integrate the Transit Access Pass (TAP). Currently, TAP is accepted by 26 agencies, all Metro bus and rail lines, and municipal transit systems throughout Los Angeles (LA) County.
City Council December 5, 2023
Annual Short Range Transit Plan for Fiscal Years 2024-
2026
Page No. 3
7 2
2 Bus Fleet Electrification: NTS recently received an additional two Gillig Battery Electric Buses (BEBs) in early October 2023 with three more BEBs scheduled for delivery in Fall 2024. This will assist NTS with fulfilling the requirements of California Air Resources Board’s Innovative Clean Transit regulation, which necessitates completion of a Zero Emission Bus (ZEB) Rollout Plan to achieve a full transition to ZEBs.
Capital Improvements: NTS recently released RFP No. 24-731 to acquire Professional Services for Project Management, Design, and Engineering Services, Construction Management and Inspection Services for Facility Tenant Improvements; Phase III at the Transportation/Public Services Facility. The purpose of this project is to implement tenant improvements to the facility with upgrades that will accommodate the present and future Transit Operations, Fleet Maintenance, and Transit Administration needs.
Additionally, NTS will be implementing its Bus Stop Equity Enhancement Project in early 2024, which will provide modernization of bus stops with equity priority amenities to enhance the safety, comfort, and accessibility at our bus stops for patrons served by NTS. This project will address drastic climate changes our region has experienced by providing equitable amenities such as enhanced shelters and solar panels to provide ample lighting for patron safety while waiting at stops and real-time information to provide patrons with accurate wait times.
Fiscal Impact:
N/A
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council receive and file the Triennial Short Range Transit Plan, and authorize the Executive Director of Regional Transportation to submit the updated Short Range Transit Plan to Los Angeles County Metropolitan Transportation Authority.
Attachments:
Short Range Transit Plan FY 2024-2026
https://filedrop.norwalkca.gov/s/xyBCDaYWD36TsZN
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer SUBJECT: AGREEMENT - CITYWIDE FISCAL YEAR 2023/24 PAVEMENT MANAGEMENT
PROGRAM UPDATE
Background:
The Los Angeles County Metropolitan Transportation Authority (METRO) and the State of California requires cities within Los Angeles County to have a Pavement Management Study (PMS) in place and update it every three years to qualify for certain federal, state, and local funding programs such as Propositions A and C and Measures M and R. The PMS provides a systematic approach to monitoring and managing the condition of roadway pavement in a cost- effective manner. The study’s results help determine the most appropriate locations and an effective/efficient approach to maintain roadway pavement.
Pavement is dynamic by nature whereby deterioration occurs constantly. A PMS update is typically conducted on a three-year cycle to reflect changes in pavement conditions, pavement maintenance histories, and maintenance strategies based upon budgetary constraints. For the City to continue receiving the local funds and remain compliant per METRO requirements, an update to the City’s PMS is necessary.
The City’s roadway system consists of approximately 81 section miles of arterials/collectors; 130.3 section miles of local streets; and 9.8 section miles of alleyway streets. The last PMS update was completed by Bucknam Infrastructure Group, Inc. (Bucknam) in September 2020. The services provided surveyed all arterial and collector routes to assist the City to comply with METRO PMS requirements.
To remain compliant with the METRO PMS requirement, staff requested a proposal from Bucknam for services to perform an update to the 2020 PMS.
The work scope (major tasks) for the PMS update includes at a minimum:
City Council December 5, 2023
Award of Contract - Pavement Management System Update Page No. 2 7 2
3 •Update Maintenance and Rehabilitation Activities, provides Bucknam with data/locations where recent work (roadway rehab) projects have completed. •Perform pavement condition survey, data collection, and MicroPAVER analysis to supplement the existing pavement database and establish updated street conditions and pavement condition index (PCI).
•Work with City staff to develop efficient preventive maintenance, repair and rehabilitation strategies and incorporate into the Cities Capital Improvement Program (CIP). •Prepare report for submittal to METRO for compliance.
PMS update services are estimated to be completed within eight months from issuance of the Notice to Proceed.
Bucknam has performed similar work for over 39 cities within California including the cities of Lynwood, South Gate, Bellflower, and Rosemead. Their work has been satisfactory. Staff is recommending that Bucknam perform a PMS update that will furnish studies, maps, reports, and software that best fit the needs of the City. The proposed cost for the services is $59,840.
Fiscal Impact:
Adequate funds are available per the approved Fiscal Year 2023/24 CIP Budget. No General Fund monies will be used.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council award a contract to Bucknam Infrastructure Group, Inc., in the amount of $59,840 for Professional Engineering Services for Fiscal Year 2023/24 Pavement Management System Update; and authorize the City Manager to execute the agreement and any amendments within his signing authority, provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
Attachments:
N/A
City Council Agenda Report
December 5, 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 (2), Historical Heritage (3), Parks & Recreation (1), Public Safety (1), Senior Citizens (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 December 5, 2023
Advisory Bodies Page No. 2
7 1
5 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 12/05/2023
C:\inetpub\wwwroot\multitenant\temp\12-05-2023.pdf Page 1 “Vacancies “at-a-glance”
AYALA PEREZ RAMIREZ RIOS VALENCIA
Historical Heritage
Senior Citizens
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
Community Promotion
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
Vacant Community Promotion Commission Valencia -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
Berberabe, Francisco Parks & Recreation Commission Perez 1/17/23-12/31/24 Carbajal, Maria Parks & Recreation Commission Valencia 1/17/23-12/31/24 Garcia, Steve Parks & Recreation Commission Ramirez 2/7/23-12/31/24 Hernandez, Alejandra Parks & Recreation Commission Rios 1/17/23-12/31/24 Juan, Victor Parks & Recreation Commission Ayala 1/17/23-12/31/24 King, David Parks & Recreation Commission Perez 1/17/23-12/31/24 Martinez, Briana Parks & Recreation Commission Ayala 1/17/23-12/31/24 Napier, Monique Parks & Recreation Commission Ramirez 1/17/23-12/31/24 Valenzuela, Don Parks & Recreation Commission Valencia 11/7/23-12/31/24 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 12/05/2023
C:\inetpub\wwwroot\multitenant\temp\12-05-2023.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 Vacant Senior Citizens Commission Ayala -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
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Bethani Cardenas, Housing Manager
Rosio Medina, Senior Management Analyst
SUBJECT: CONTINUED PUBLIC HEARING - RESOLUTION NO. 23-57 - SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019/20 ANNUAL ACTION PLAN
CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS AND RESOLUTION NO. 23-58 - BUDGET AMENDMENT OF COMMUNITY
DEVELOPMENT BLOCK GRANT CORONAVIRUS RESPONSE FUNDS AND
AMENDMENT NO. 1 OF SUBRECIPIENT AGREEMENT FOR HOMELESS
ASSISTANCE
Background:
On March 27, 2020, President Trump signed and approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to combat the spread and impacts of the coronavirus disease 2019 (COVID-19). Through the CARES Act, the United States Department of Housing and Urban Development (HUD) initially granted the City of Norwalk $747,572 in Community Development Block Grant CARES Act (CDBG-CV1) funds. On September 11, 2020, HUD informed the City that an additional allocation had been granted in the amount of $850,708 (CDBG-CV3 funds).
Funding and Proposed Activities for the Annual Action Plan The City Council conducted an initial public hearing on October 3, 2023 to consider the reallocation of unused funds from the Business Assistance Program and Emergency Rental Assistance Program activities to the Homeless Assistance activity. The City anticipates the CDBG-CV Program to have $206,447.88 in unused funds. The reallocated funds will provide for continuing homeless assistance to Norwalk’s unhoused neighbors. City Council requested the item be continued to November and requested information on City Net’s collaboration with the Department of Social Services and Public Safety, and to specify services funded for homeless assistance.
City Council December 5, 2023
Resolution No. 23-57 – Substantial Amendment FY Page No. 2 2019/20 Annual Action Plan, Resolution No. 23-58 –
Budget Amendment, and Agreement Amendment
6 9
2 City Net has worked successfully with the Homeless Operation Prevention and Engagement (HOPE) Team and Department of Social Services over the past two years. All three meet regularly and have daily interactions with one another. City Net will continue to provide outreach, case management, and successful street exits to Norwalk’s unhoused population. To date, City Net has accomplished the following with the collaboration of the City’s HOPE Team and Department of Social Services:
•Interacted with 955 clients
•Enrolled 152 clients with services
•Made 25 positive street exits
•Assisted with 140 referrals from the HOPE Team, Department of Social Services, and the Senior Center.
It should be noted that the Homeless Assistance costs allocated from CDBG-CV3 funds will be used to pay for additional and continued services provided by City Net until CDBG-CV funds are exhausted. These homeless assistance services will cover the costs of local implementation of the CDBG-CV funding.
CDBG/CDBG-CV Funds Waivers and Suspensions
With a citizen participation public comment period and reasonable notice waivers, the City may implement a reasonable public notice and reduce the 30-day commenting period to 5-days. The waiver for the 15% public services activities cap will allow the City to fund additional public services activities that serve those affected by COVID-19.
Amendment No.1 for Community Development Block Grant Funds The City entered into a subrecipient agreement with City Net on October 21, 2022 to provide homeless housing navigation services utilizing CARES Act funds.
In response to COVID-19 restrictions and the ongoing housing navigation needs for Norwalk’s unhoused neighbors, the continued services of City Net are necessary in order to maintain expected levels of adequate housing and health services for Norwalk’s unhoused neighbors.
Amendment No. 1 has been prepared and is being presented for consideration.
City Council December 5, 2023
Resolution No. 23-57 – Substantial Amendment FY Page No. 3 2019/20 Annual Action Plan, Resolution No. 23-58 –
Budget Amendment, and Agreement Amendment
6 9
2 Fiscal Impact:
No General Fund impacts. The CDBG-CV funds are granted by HUD through the CARES Act.
The CDBG-CV3 funds will be reallocated as indicated in attached budget amendment Resolution No. 23-58.
Citizens Advised:
Notice of the Public Hearing and the availability of the draft Substantial Amendment to the FY 2019/20 Annual Action Plan was posted at the City’s official posting sites on September 14, 2023, and was published in The Norwalk Patriot in accordance with State law on September 15, 2023.
The Plans were made available on the City’s website, in the Community Development Department, Norwalk Regional Library, the Social Services Center, and the Senior Center from September 15, 2023 through September 22, 2023 for citizens to review and comment before the public hearing.
Notice of the continued Public Hearing for the proposed Substantial Amendment to the FY 2019/20 Annual Action Plan was posted at the City’s official posting sites on November 22, 2023 and published in The Norwalk Patriot in accordance with State law on November 24, 2023.
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council:
a. consider adopting Resolution No. 23-57, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NORWALK APPROVING A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019/20 ANNUAL ACTION PLAN CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT FUNDS;
b. consider adopting Resolution No. 23-58, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NORWALK APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023/24 ADOPTED BUDGET TO APPROPRIATE COMMUNITY DEVELOPMENT
BLOCK GRANT CARES ACT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; and
c. approve Amendment No. 1 to the subrecipient agreement with City Net to provide housing navigation and health services in an amount not to exceed $436,447.88; and authorize the City Manager to execute the agreement and any additional amendments provided City Council December 5, 2023
Resolution No. 23-57 – Substantial Amendment FY Page No. 4 2019/20 Annual Action Plan, Resolution No. 23-58 –
Budget Amendment, and Agreement Amendment
6 9
2 there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.
Attachments:
1. Resolution No. 23-57
2. Resolution No. 23-58
Attachment No. 1
RESOLUTION NO. 23-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
APPROVING A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR
2019/20 ANNUAL ACTION PLAN CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT FUNDS
WHEREAS, the City Council of the City of Norwalk adopted the Fiscal Year (FY) 2019/20 Annual Action Plan on May 7, 2019 and a Substantial Amendment to the FY 2019/20 Annual Action Plan on May 19, 2020 and February 16, 2021; and WHEREAS, the Code of Federal Regulations require that the City must amend its approved Annual Action Plan whenever it (a) changes it allocation priorities or method of distribution of funds; (b) carries out an activity not previously described in the action plan; (c) allocates a substantial changes (by $35,000, except for planning and administration) in funds; or (d) changes the purpose, scope, location, or beneficiaries of an activity; and WHEREAS, through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Department of Housing and Urban Development (HUD) granted the City $1,598,280 in Community Development Block Grant CARES Act (CDBG- CV) funds to prevent, prepare for, or respond to COVID-19; and WHEREAS, HUD granted the City waivers and suspensions to CDBG funds to maximize the availability of funds for COVID-19; and
WHEREAS, the City implemented a reasonable public notice and reduced the 30- day commenting period to 5-days for substantial amendments, pursuant to HUD regulations; and
WHEREAS, Notice of Public Hearing and public notice of the substantial amendments to the FY 2019/20 CDBG Annual Action Plan and Citizen Participation Plan was posted at the City’s official posting sites on September 14, 2023, and published in The Norwalk Patriot on September 15, 2023; and
WHEREAS, a public notice of the substantial amendments to the FY 2019/20 CDBG Annual Action Plan and Citizen Participation Plan was posted at the City’s official posting sites on November 22, 2023, and published in The Norwalk Patriot on November 24, 2023; and
WHEREAS, the City Council conducted a duly noticed public hearing on October 3, 2023 and a duly noticed continued public hearing on December 5, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.The Fiscal Year 2019/20 Annual Action Plan shall be amended to reallocate $206,447.88 of unused CDBG-CV funds to Homeless Assistance.
Resolution No. 23-57 Page 2 of 2
2 9
8 6
Section 2. The City will be implementing waivers and suspensions to the CDBG-CV3 reallocated funds.
Section 3.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 5th day of December 2023.
ANA VALENCIA
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
Attachment No. 2
RESOLUTION NO. 23-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK APPROVING AN AMENDMENT TO THE FISCAL YEAR 2023/24
ADOPTED BUDGET TO APPROPRIATE COMMUNITY DEVELOPMENT
BLOCK GRANT CARES ACT FUNDS FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the City Council adopted substantial amendments to the Fiscal Year (FY) 2019/20 Annual Action Plan to appropriate Community Development Block Grant coronavirus response (CDBG-CV) funds in the amount of $1,598,280.00; and WHEREAS, the City Council has determined there is a need to use said funds for activities such as homeless assistance, as a response to coronavirus disease 2019 (COVID-19); and
WHEREAS, there is funding available under the CDBG-CV3 grant in FY 2019/20; and
WHEREAS, the City Council approved substantial amendments to the FY 2019/20 Annual Action Plan on May 19, 2020, February 16, 2021, and December 5, 2023; and WHEREAS, it is necessary for the City Council to revise the Community Development Block Grant (CDBG) budget to reflect the substantial amendments to the FY 2019/20 CDBG Annual Action Plan adopted on December 5, 2023; and WHEREAS, the City Council desires to appropriate the unallocated $206,447.88 needed to fund COVID-19 relief efforts from available CDBG-CV3 funds to the Homeless Assistance activity.
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(s):
Account Number Debit Credit
207-62-6208-2115 $48,257.50
207-62-6208-2883 $158,190.38
207-62-6208-2125 $206,447.88
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.
Resolution No. 23-58 Page 2 of 2
2 9
8 7
APPROVED AND ADOPTED on this 5th day of December 2023.
ANA VALENCIA
MAYOR
ATTEST:
____________________________
THERESA DEVOY, CMC
CITY CLERK
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer SUBJECT: RESOLUTION NO. 23-69 - APPROVING A SALE AND PURCHASE
AGREEMENT FOR THE SALE OF THE ARTESIA SERVICE AREA AND
RELATED ASSETS OF THE NORWALK MUNICIPAL WATER SYSTEM
Background:
The Norwalk Municipal Water System (NMWS), which is owned and operated by the City, provides water delivery services to a portion of the City and a small portion outside of its corporate boundaries to three areas within the City of Artesia. These areas are known as the Artesia Service Area (ASA), and serve a population of approximately 2,300 residents consisting of 891 water meter connections. These areas are as shown on Attachment Nos. 1, 2, and 3.
The City purchased and acquired the ASA areas from the former County Water Company in 2003. As the ASA is outside of the City’s corporate boundaries, operations and maintenance of the ASA places a strain upon the NMWS Utilities staff. The distance and travel time required to perform the water meter read services and ability to provide response to operational emergencies is very challenging. Due to current staffing levels, contract services are required and utilized for both water meter reading and emergency water system responses. As a result, the ASA system suffers from age, requiring major capital improvements.
Pursuant to the California Public Utilities Code Section 10061(b), which authorizes the City to sell all or any part of the portion of a public utility located outside its boundaries, the City initiated the process for the sale of the ASA portion of the NMWS in late 2018. City Council directed staff to engage with the solicitation process for sale of the ASA. On April 6, 2021, City staff generated and solicited a Request for Proposal (RFP) for the Purchase of the ASA and related assets (RFP 21-649) (Attachment No. 3).
It was determined that based on the ability to provide water services, delivery and operation, solicitation to potential providers would have to be geographically adjacent to the ASA.
City Council December 5, 2023
Resolution No. 23-69 – Approving the Sale of the
Norwalk Municipal Water System Artesia Service Area
Page No. 2
7 2
5 An RFP was solicited to both Golden State Water Company (GSWC) and Liberty Utilities water companies for potential interest of purchase. The City received just one proposal from GSWC.
After careful review and consideration of the proposal, it was determined that GSWC was suitable for the acquisition of the ASA.
Federal and State water quality regulations continue to evolve and threaten an unpredictable additional cost increase to water production. The regulation of Per- and Polyfluoroalkyl Substances (PFAS) has already added monitoring and reporting costs and will likely add expensive water treatment requirements in the near future. GSWC in better situated geographically and financially to address the issues with the ASA. The City’s small operation simply cannot compete with the economy-of-scale offered by the size of the water company’s organization.
GSWC is offering a one-lump sum payment of $5,250,000 to the City for the purchase of the ASA. Over the course of the last few months, City staff, along with the City Attorney’s Office, have negotiated the terms and conditions of a proposed Purchase and Sale Agreement attached hereto in substantial form (Attachment 2). It should also be noted that under the terms of the agreement, the City will retain all of its water rights.
If the ASA Purchase and Sale Agreement is approved by City Council through the proposed Resolution No. 23-69, the next step involves City staff assisting GSWC to obtain the required approval of the sale from the California Public Utilities Commission (CPUC). The CPUC process is expected to take a number of months to finalize.
Fiscal Impact:
Upon completion of the sale transaction, the City would receive a one-time lump sum payment of $5,250,000 from GSWC.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt Resolution No. 23-69, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF NORWALK, FINDING THAT REQUIREMENTS PURSUANT TO CALIFORNIA PUBLIC UTILITIES CODE SECTION 10061 FOR THE SALE OF THE CITY OF NORWALK’S ARTESIA SERVICE AREA WATER SYSTEM AND RELATED ASSETS City Council December 5, 2023
Resolution No. 23-69 – Approving the Sale of the
Norwalk Municipal Water System Artesia Service Area
Page No. 3
7 2
5 LOCATED OUTSIDE OF ITS BOUNDARIES, HAVE BEEN MET AND APPROVAL OF THE SALE, for the purchase price of $5,250,000.
Attachments:
1. Resolution No. 23-69 – Approving the Sale and Purchase Agreement
2. Draft Purchase and Sale Agreement
Attachment No. 1
RESOLUTION NO. 23-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK,
FINDING THAT REQUIREMENTS PURSUANT TO CALIFORNIA PUBLIC UTILITIES CODE SECTION 10061 FOR THE SALE OF THE CITY OF NORWALK’S ARTESIA SERVICE AREA WATER SYSTEM AND RELATED
ASSETS LOCATED OUTSIDE OF ITS BOUNDARIES, HAVE BEEN MET
AND APPROVAL OF THE SALE
WHEREAS, the City of Norwalk (“City”), a California municipal corporation, is the owner of the Artesia Service Area Water System (“ASA Water System”) and related assets described in DRAFT GSWC Purchase Agreement attached to this Resolution located outside of the City’s boundaries; and
WHEREAS, the state legislature has found that public water systems are faced with the need to replace or upgrade the public water system infrastructure to meet increasingly stringent state and federal safe drinking water laws, but has also found that increasing amounts of capital needed to finance the necessary investment in public water system infrastructure is not possible for smaller, public water systems; and WHEREAS, pursuant to such findings, the state legislature passed the Public System Investment and Consolidation Act of 1997 (Public Utilities Code Section 2718, et seq.), promoting economies of scale by encouraging the consolidation of smaller public water systems with larger public water systems equipped with the expertise and resources to undertake necessary capital investments; and WHEREAS, on April 6, 2021, the City issued a Request for Proposals for the Purchase of the City of Norwalk Artesia Service Area Water System and Related Assets No. 21-649 for the acquisition of the ASA Water System, including full responsibility for its day-to-day management, operations, maintenance, repairs, and capital improvement projects (“RFP No. 21-649”); and
WHEREAS, the City received one proposal in response to RFP No. 21-649 from Golden State Water Company which has the experience, expertise, and capacity to take and better serve those customers in the ASA currently operated by the Norwalk Municipal Water System (NMWS); and
WHEREAS, Section 10061 of the California Public Utilities Code, authorizes a municipal corporation to sell, for just compensation, all or any part of its municipal water system that lies outside its municipal boundaries to any other public utility water corporation by following the provisions of Section 10061(b); and WHEREAS, pursuant to Section 10061(b), before the City sells the ASA Water System portion located outside of its boundaries, it shall, by resolution adopted by a majority of its legislative body, determine that the subject public utility, or portion thereof, is not necessary for supplying water service to its own inhabitants.
Resolution No. 23-69 Page 2 of 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. Findings.
A. The City Council finds that the City’s aging infrastructure, including the Water System, is in critical need of capital improvements.
B. The City Council finds that the ASA Water System located outside its municipal boundaries are not necessary for supplying water service to its own inhabitants.
C. The City Council finds that the acquiring entity will be bound to render water service to the person(s) formerly served through the Water System being sold on terms and conditions that are just and reasonable and do not unreasonably discriminate against the City’s customers.
Section 2. Final Action and Authority. The City Council of the City of Norwalk hereby approves the sale of the City’s ASA Water System located outside its municipal boundaries to Golden State Water Company on the terms and conditions set forth in that Sale and Purchase Agreement (“Agreement”), attached hereto in substantial form, subject to review by the City Attorney as to form and legality. The City Council hereby also vests in the City Manager the authority to finalize and execute all documents reasonably related to the performance of the Agreement and contemplated transaction.
Section 3. Description of the Property. The ASA Water System is depicted in Exhibit “A” attached to this Resolution.
Section 4. Effectiveness. This Resolution shall become effective immediately upon its adoption.
Section 5. The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED this 5th day of December 2023.
__________________________
ANA VALENCIA
MAYOR
ATTEST:
_________________________
THERESA DEVOY, CMC
CITY CLERK
AGREEMENT FOR PURCHASE AND SALE
OF
WATER SYSTEM ASSETS - ARTESIA SERVICE AREA
By and Between
CITY OF NORWALK, CALIFORNIA,
a California Municipal Corporation
(“Seller”),
and
GOLDEN STATE WATER COMPANY,
a California Public Utility Water Company
(“Purchaser”)
DATED: _________, 2023
Attachment 2
TABLE OF CONTENTS
ARTICLES PAGE
1. RECITALS .......................................................................................................................................... 1
2. PURCHASE AND SALE; DESCRIPTION OF PURCHASED ASSETS......................................................... 1
3. LIABILITIES ........................................................................................................................................ 2
4. PURCHASE PRICE .............................................................................................................................. 4
5. REPRESENTATIONS AND WARRANTIES OF SELLER .......................................................................... 4
6. REPRESENTATIONS AND WARRANTIES OF PURCHASER .................................................................. 8
7. TITLE INSURANCE AND PERMITTED ENCUMBRANCES. ................................................................... 8
8. CONDITIONS PRECEDENT TO CLOSING ............................................................................................ 8
9. PRE-CLOSING CONDUCT; SELLER COVENANTS .............................................................................. 10
10. TERMINATION OF AGREEMENT ..................................................................................................... 11
11. CLOSING DATE AND CLOSING ........................................................................................................ 12
12. TAXES AND OTHER EXPENSES ........................................................................................................ 14
13. POST CLOSING COOPERATION; SURVIVAL PERIOD........................................................................ 14
14. INDEMNIFICATION PROVISIONS. ................................................................................................... 15
15. MISCELLANEOUS PROVISIONS ....................................................................................................... 19
APPENDICES
Appendix “A” (Inventory of Purchased Assets)
Appendix “B” (Service Territory)
Appendix “C” (Physical Facilities)
Appendix “D” (Inventory)
Appendix “E” (Environmental Law Compliance Certification) Appendix “F” (Pending Legal Actions Certification)
Appendix “G” (Customer Accounts)
Appendix “H” (Purchase Price Allocation Schedule)
1 AGREEMENT FOR PURCHASE AND SALE OF WATER ASSETS - ARTESIA SERVICE AREA THIS AGREEMENT FOR PURCHASE AND SALE OF WATER ASSETS (the “Agreement”) is made as of this __ day of ________ 2023, by and between Th e City of NORWALK California, a California Municipal Corporation (the “Seller”), and Golden State Water Company, a California corporation that is a California Public Utility as defined by the California Public Utilities Code (the “Purchaser”).
WHEREAS, the Seller owns and operates a municipal water system that includes the Artesia Service Areas (the “ASA Water Systems”), located in the City of ARTESIA, Los Angeles County, California, and which is comprised of the “Purchased Assets” (as defined below); and WHEREAS, the Seller has been granted a permit by the State of California Department of Water Resources, Division of Drinking Water (the “DDW”) to provide potable water services within defined areas within the City of NORWALK, California, as well as portions of the ASA Water Systems that reside outside the City of NORWALK; and
WHEREAS, the Seller issued a Request for Proposal ( the “RFP”) seeking to sell the ASA Water Systems to a third party; and
WHEREAS, the Purchaser submitted a proposal in response to the RFP; and WHEREAS, the Purchaser has the been granted the authority by the California Public Utilities Commission (the “CPUC”) to provide water service to the Artesia System as presented in CPUC Sheet Number 9022, which resides adjacent to or within the vicinity of the ASA Water Systems; and WHEREAS, the Purchaser desires to purchase Seller’s Artesia Service Area Water Systems assets pursuant to the terms and conditions contemplated in this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and benefits to be derived from the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Seller and the Purchaser hereby agree to sell and purchase the Water System, upon the following terms and conditions:
1. RECITALS. The foregoing recitals are true and correct and are incorporated herein.
2. PURCHASE AND SALE; DESCRIPTION OF PURCHASED ASSETS.
a. Subject to the terms and conditions set forth in this Agreement, the Purchaser shall buy from the Seller, and the Seller shall sell to the Purchaser, the ASA Water Systems and the Purchased Assets (as defined below), free and clear of all claims, liens (statutory or otherwise), encumbrances, restrictions, charges, instrument s, licenses, preferences, priorities, security agreements, covenants, rights of recovery, hypothecations, security interests or other encumbrances or charges of any kind or nature whatsoever. b. Subject to Section 5 of this Agreement, the Purchaser is purchasing the Purchased Assets and the ASA Water Systems “As-Is” “Where-Is”.
2 c. “Purchased Assets ” shall mean all assets, properties, and rights, both tangible and intangible, that the Seller owns regarding the ownership, construction, operation or maintenance of the ASA Water Systems including, but not limited to:
i. The ASA Water Systems owned by Seller and all facilities and improvements located thereon in the Artesia Service Area , which is identified in Appendix “B” to this Agreement (the “Service Territory ”). If applicable, a ll licenses, rights -of- way, rights to use public and private roads, streets and other areas used in the ASA Water Systems . All water supply, distribution, and transmission facilities, including, but not limited to, transmission mains, distribution mains, supply pipes, valves, meters, meter boxes, service connections and all other physical facilities, equipment and property installations owned by Seller or to which Seller possesses rights and used in connection with the ASA Water Systems, including those identified in Appendix “C” (“Physical Facilities”) to this Agreement. ii. Cash in the amount of the Seller’s customer deposits as it relates to the Seller’s customers of the ASA Water Systems.
iii. All supplier lists, customer records (including, without limitation, historical customer account information) , customer billing, customer accounts, hardware and software, prints, plans, including plans in electronic or digital format, engineering reports, surveys, specifications, shop drawings, equipment manuals, and other information relating to the ASA Water Systems in the Seller’s possession, including any rights of the Seller, if any, to obtain copies of such items from engineers, contractors, consultants or other third parties, in paper or electronic form.
iv. All sets of record drawings, including as-built drawings, showing all facilities of the ASA Water Systems, including all original tracings, sepias or other reproducible materials in the Seller’s possession, including all rights of the Seller, if any, to obtain copies of such items from engineers, contractors, consultants or other third parties, in paper or electronic form.
v. All items of inventory owned by the Seller on the Closing Date (as defined below) and used to operate and maintain the ASA Water Systems . Inventory items/amounts as of the date of Agreement shall include , but is not limited to, those items listed in Appendix “D” ("Inventory”).
vi. All accounts receivables and unbilled receivables of the Seller related to the ASA Water Sy stems existing as of the Closing Date (collectively, the “ Accounts Receivable”).
3. LIABILITIES.
a. Assumed Liabilities. Subject to terms and conditions of this Agreement, the Purchaser shall assume as of the Closing Date only the following debts, obligations and other liabilities of Seller ( the “Assumed Liabilities”), and the Purchaser shall not assume or otherwise be responsible for any other debts, obligations or other liabilities of the Seller:
3 i. All liabilities to the customers of the ASA Water Systems incurred after the Closing Date, provided that the operative act giving rise to the liability occurred after the Closing Date . For the avoidance of doubt, all of the Seller’s liabilities to the customers of the ASA Water Systems that arose as a result of an operative act that occurred before the Closing Date shall be treated as an Excluded Liability (as defined below); All liabilities related to customer deposits as of the Closing date related to the ASA Water Systems; and
ii. Any liability arising from or related to the ownership, construction, operation and maintenance of the ASA Water Systems that arises after the Closing Date.
b. Excluded Liabilities. Notwithstanding the foregoing, the following are expressly excluded from the definition of Assumed Liabilities under this Agreement and shall not constitute liabilities assumed by the Purchaser (the “Excluded Liabilities”):
i. Any debts, liabilities, obligations, or other financial or service obligations of the Seller, except as may be expressly provided in Section 3(a) of this Agreement; ii. Any expense, assessment, exposure, fine, penalty, liability, act or omission of any kind whatsoever imposed or required by any third party, whether known or unknown, contingent, liquidated or unliquidated, arising or accruing under contract, law, tort, ordinance, law, regulation or otherwise, or arising or accruing before or after the Closing Date where the operative act or omission was that of or attributable to the Seller for its actions prior to the Closing Date; iii. Any liabilities of the Seller for any present or former employees, officers, directors, retirees, independent contractors or consultants of the Seller, including any liabilities associated with any claims for wages or other benefits, bonuses, accrued vacation, workers’ compensation, severance, retention, termination or other payments;
iv. Any liabilities arising from an y claim, demand, complaint, notice of violation, citation, action, governmental order, lien, or, as to each, any settlement or judgment arising therefrom, by or from any Person (as defined in Section 14 (d), below) alleging liability of whatever kind or nature (including liability or responsibility for the costs of enforcement proceedings, investigations, cleanup, governmental response, removal or r emediation, natural resources damages, property damages, personal injuries, monitoring, penalties, fines, contribution, indemnification and injunctive relief) arising out of, based on or resulting from:
(A) the presence or the release of or exposure to any Hazardous Materials; or (B) any actual or alleged non -compliance with any Environmental Law or any Environmental Permit (as these terms are further defined below), related to facts, circumstances or conditions that existed on, prior to or continue as of the Closing or otherwise arising out of any actions or omissions of Seller or any other Person regardless of first commencement;
v. Any liabilities of the Seller relating or arising from unfulfilled commitments, quotations, purchase orders, customer orders or work orders related to the
4 Purchased Assets that: (A) do not constitute part of the Purchased Assets; or (B) did not arise in the ordinary course of business;
vi. Any liabilities in respect of any pending or threatened action arising out of, relating to or otherwise in respect of the operation of the Purchased Assets to the extent such action relates to such operation on or prior to the Closing Date; vii. Any liabilities to the extent arising out of, in respect of or in connection with the failure by the Seller to comply with any law or governmental order; and viii. Any fees and expenses of the Seller arising or incurred in connection with the negotiation, preparation, investigation and performance of this Agreement and the transactions contemplated hereby and thereby, including fees and expenses of counsel, accountants, consultants, advisers and others. c. The Seller hereby acknowledges that it is retaining the Excluded Liabilities and it shall remain liable for and shall pay, perform or discharge all such Excluded Liabiliti es; provided, that the Seller is not hereby limited in its right to contest in good faith any such liabilities or obligations.
d. The parties hereto acknowledge and agree that disclosure of any debt, obligation or other liability on any schedule to this Agreement shall not create an Assumed Liability or other liability of the Purchaser, except where such disclosed liability has been expressly assumed by the Purchaser as an Assumed Liability in accordance with the provisions of Section 3(a) of this Agreement.
4. PURCHASE PRICE . The total consideration to be paid for the ASA Water Systems and the Purchased Assets is the Purchase Price (as defined below) plus adjustments as set forth herein. a. The Purchaser shall pay to the Seller for conveyance of the Purchased Assets, subject to the additions, adjustments and prorations referenced in this Agreement, a cash payment in the amount of Five Million and Two -Hundred and Fifty Thousand U.S. dollars ($5,250,000) ( the “Cash P urchase Price” ), which shall be paid to the Seller via wire transfer to the account(s) designated by the Seller at the Closing. b. As additional compensation to the Seller, the Seller shall receive payment for ninety percent (90%) of the Accounts Receivable (each less than sixty (60) days old) for monthly water and wastewater service, net of any credit balances as of the Closing Date (the “Receivables Purchase Price” and, together with the Cash Purchase Price, the “Purchase Price”).
c. Adjustments to the Purchase Price shall include the reimbursement t o the Seller for all costs incurred at the request of the Purchaser in the preparation of new surveys,”, and the Seller’s appraisal required pursuant to Section 8(b)(vi).
5. REPRESENTATIONS AND WARRANTIES OF SELLER. As a material inducement to the Purchaser to execute this Agreement and perform its obligations hereunder, the Seller represents and warrants to Purchaser as follows:
5 a. The Seller is a California Municipal Corporation, and its status is active under the laws of the State of California. The Seller has all requisite power and authority and has taken all requisite action necessary to (i) enter into this Agreement, and (ii) perform all of the terms and conditions of this Agreement.
b. The City Council of the City of NORWALK has approved the sale of the ASA Water Systems pursuant to Section 10061, subdivision (b) of the Public Utilities Code and has authorized the Seller entering into this Agreement.
c. This Agreement constitutes, and all other agreements to be executed by the Seller with respect to this Agreement shall constitute, when executed and delivered, valid and binding obligations of the Seller, enforceable in accordance with their terms. d. The execution, delivery and performance of this Agreement will not violate any provision of law, order of any court or agency of government applicable to the Seller, the Seller’s Articles of Incorporation or the California Municipal Code, nor any Certificate, indenture, agreement, or other instrument to which the Seller is a party, or by which it is bound. e. There are no developer agreements or other contracts or agreements relating exclusively to the ASA Water Systems.
f. The Seller does not own or lease any real property, easements, rights of way or possess any other real property interest related to the operation of the ASA Water Systems. g. The Seller has exclusive possession, control and ownership of the Purchased Assets. All parts of the ASA Water Systems are located within the site identified in Appendix “A.” h. The Seller has good and marketable title to the ASA Water Systems and all other Purchased Assets. At Closing, the ASA Water Systems and the Purchased Assets shall not be subject to any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction.
i. Environmental Law Compliance.
i. Definitions.
(a) “Environmental Law” means any federal, state, or local statute, order, regulation, or ordinance, or common law or equitable doctrine relating to the protection of human health, the environment or natural resources including all those relating to the generation, handling, transportation, treatment, storage, disposal, distribution, discharge, Release, threatened Release, control, or cleanup of any Hazardous Material and includes, but is not limited to, the California Water Code; the California Environmental Quality Act ( “CEQA”); the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”)(42 U.S.C. § 9601 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) ; the Clean Water Act (33 U.S.C. §1251 et seq .); the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.); and the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); as such laws have been amended or supplemented as of
6 the Closing Date or hereinafter, the regulations promulgated pursuant thereto, and in effect as of the Closing Date or as amended hereinafter and any conditions and requirements contained in any permits, licenses, certificates, variances, or other authorizations issued by any federal, state or local agencies that are required to own and operate the ASA Water Systems (collectively, the “Environmental Permits”). (b) “Hazardous Material” means petroleum, and any byproduct, fraction or derivative thereof, urea formaldehyde, per - and polyfluoroalkyl substances, and any substance, material, or waste which is regulated under any Environmental Law including, without limitation, any material or substance that is defined as or considered to be a “hazardous waste,” “hazardous material,” “hazardous substance,” “extremely hazardous waste,” “restricted hazardous waste,” “pollutant,” “contaminant,” “toxic waste,” or “toxic substance” under any provision of Environmental Law. (c) “Release” means any release, spill, emission, leaking, pumping, pouring, migrating, escaping, injection, deposit, disposal, disc harge, or dispersal into the environment, at or from any property owned or operated by Seller or related to Hazardous Materials generated by the Seller. (d) “Remedial Action” means all actions required to (i) clean up, remove, or treat any Hazardous Material; (ii) prevent the Release or threat of Release, or minimize the further Release of any Hazardous Material so it does not endanger or threaten to endanger public health or welfare or the environment; or (iii) perform pre- remedial studies and investigations or post-remedial monitoring and care related to or in connection with any such remedial action.
ii. Representations.
(a) The Seller is in compliance with all applicable Environmental Laws and has no liability under Environmental Laws or related to a Release of or exposure to Hazardous Materials related to the ASA Water Systems, and there is no reasonable basis for Seller to believe that any such liability exists, except as specifically disclosed in Appendix “ E.” Seller is not required to maintain any Environment al Permits in connection with the operation of the ASA Water Systems.
(b) The Seller has not received any oral or written notice, claim or demand, and the Seller and the ASA Water Systems are not subject to any pending or threatened proceeding alleging any vio lations of Environmental Laws or Environmental Permits or related to the Release, threatened Release or exposure to Hazardous Materials relating to the ASA Water Systems, except as identified in Appendix “F” hereto.
(c) There is no Hazardous Material in violation of or in a manner that has or could result in liability under any Environmental Law located on the Site, no ASA Water Systems property is listed or formally proposed for listing
7 under CERCLA, the Comprehensive Environmental Response, Compensation Liability Information System (“CERCLIS”) or on any similar state list that is the subject of federal, state, or local enforcement actions or other investigations that may lead to claims against the Seller for clean-up costs, remedial work, damages to natur al resources, or for personal injury or property damage claims, including, but not limited to, claims under CERCLA, and there is no reasonable basis for the Seller to be named in such claims or for any similar action to be brought against the Seller.
(d) No written or verbal notification of a Release of a Hazardous Material has been filed by or on behalf of the Seller or any third party with respect to the ASA Water Systems. No ASA Water System property is listed or proposed for listing on the National Priority List promulgated pursuant to CERCLA, or CERCLIS, or any similar state list of sites requiring investigation or clean up.
(e) No Hazardous Material has been Released at, on, or under any ASA Water System or any water supply, treatment, distribution, and tra nsmission facilities.
(f) The Seller has not entered into any agreement that may require it to guarantee, reimburse, pledge, defend, hold harmless or indemnify any other party with respect to the liabilities arising under Environmental Laws.
(g) Seller has provided to Purchaser copies of all environmental reports, if any, including Phase I environmental site assessments and Phase II reports and environmental compliance audits relating to the ASA Water Systems conducted in the last five (5) years, sampling data and material correspondence of any claim or proceeding related to : (i) the environmental condition associated with the ASA Water Systems ; or (ii) Seller’s compliance with Environmental Laws, each in Seller’s possession or control.
j. Except as provided in Appendix “ F” hereto, there are no current actions, suits or proceedings at law or in equity pending or, to Seller’s knowledge, threatened against the Seller before any federal, state, municipal or other court, administrative or governmental agency or instrumentality, domestic or foreign, which affect the ASA Water Systems or any of the Purchased Assets, including, without limitation, any threat or possible threat of contamination to the ASA Water Systems or the Purchased Assets, or the Seller’s right and ability to make and perform this Agreement, nor to the Seller’s knowledge are there are any facts likely to result in any such action, suit or proceeding. The Seller is not in default with respect to any Certificate, permit, order or decree of any court or of any administrative or governmental agency or instrumentality affecting the ASA Water Systems or any of the Purchased Assets. The Seller agrees and warrants that it shall have a continuing duty to disclose up to and including the Closing Date the existence and nature
8 of all pending judicial or administrative suits, actions, proceedings and orders which in any way relate to the ASA Water Systems or the Purchased Assets. k. Appendix “G” sets forth: (i) a list of each customer account serviced by the ASA Water Systems as of the date of this Agreement; and (ii) the amount of consideration paid to Seller under each customer account during the most recent fiscal year. l. Seller’s operation of the ASA Water Systems is not in violation of any applicable state or local laws, rules or ordinances, including building, zoning or other applicable requirements, nor are there any encroachments of any kind related to any real property.
Following Closing, neither the Seller nor any affiliate of the Seller shall provide water within the Service Territory or any property adjacent to the Service Territory in competition with the Purchaser.
m. No representation or warranty made by the Seller in this Agreement contains any untrue statement of material fact, nor does any such re presentation or warranty omit any material fact required to make the statement or statements herein contained true or correct.
6. REPRESENTATIONS AND WARRANTIES OF PURCHASER. As a material inducement to the Seller to execute this Agreement and to perform its obligations hereunder, the Purchaser represents and warrants to the Seller as follows:
a. The Purchaser is duly organized and is a validly existing corporation under the laws of the State of California. The Purchaser has all requisite corporate power and authority to (i) enter into this Agreement, and (ii) carry out and perform the terms and conditions of this Agreement.
b. This Agreement constitutes, and all other agreements to be executed by the Purchaser with respect to this Agreement, shall constitute, when executed and delivered, valid and binding obligations of the Purchaser, enforceable in accordance with their terms. c. Subject to obtaining CPUC approval and required third-party consents, t he execution, delivery and performance of this Agreement will not violate any provision of law, order of any court or agency of government applicable to Purchaser, nor any indenture, agreement, or other instrument to which Purchaser is a party, or by which it is bound.
7. SERVICE AREA SURVEY.
a. Within thirty days after the date of this Agreement, the Seller shall provide to the Purchaser a copy of any detailed service area survey of the ASA Water Systems which shall identify the service areas and all pipes, water mains and other tangible property located thereon. The Purchaser shall have the right, but not the obligation, to require Seller to update any service area survey (showing billing addresses of customers and maps of the physical ASA Water Systems) or request a new service area survey of the ASA Water Systems. Costs incurred by the Seller to update a survey or procure a new survey shall be paid by the Seller.
8. CONDITIONS PRECEDENT TO CLOSING.
9 a. The obligations of the Seller to close the transaction s contemplated by this Agreement are subject to the conditions that, at or before the Closing Date:
i. The Purchaser shall not be prohibited by decree or law from consummating the transactions contemplated by this Agreement.
ii. There is not pending on the Closing Date any legal action or proceeding that would: (i) prohibit the sale of the ASA Water Systems or the Purchased Assets; or (ii) prohibit Seller from closing the transactions contemplated by this Agreement. iii. The Purchaser shall have duly performed and complied in all material respects with all agreements, covenants and conditions required by this Agreement to be performed or complied with by it prior to or on the Closing Date; provided, that, with respect to agreements, covenants and conditions that are qualified by materiality, the Purchaser shall have performed such agreements, covenants and conditions, as so qualified, in all respects.
iv. All of the Purchaser’s representations and warranties shall be true and correct in all respects on the date hereof and at and as of the Closing as though such representation or warranty was made at and as of the Closing, except, in each case, to the extent any such representation or warranty speaks as of a specific date, in which case such representation or warranty shall be, subject to the qualifications set forth above, true and correct at and as of such specific date. v. The Purchaser shall have delivered or caused to be delivered to Seller all of the documents, instruments, and agreements to be delivered pursuant to Section 11(b)(ii) on or before Closing.
b. The obligations of the Purchaser to close the transaction contemplated by this Agreement are subject to the conditions that, at or before the Closing Date:
i. The Seller shall not be prohibited by decree or law from consummating the transactions contemplated by this Agreement.
ii. There is not pending on the Closing Date any legal action or proceeding that would: (i) prohibit the Purchaser’s acquisition of the ASA Water Systems or the Purchased Assets ; (ii) prohibit the Purchaser from closing the transaction s contemplated by th is Agreement; or (iii) inhibit or restrict in any manner Purchaser’s use, title, or enjoyment of the Purchased Assets. iii. The Seller shall have duly performed and complied in all material respects with all agreements, covenants and conditions required by thi s Agreement to be performed or complied with by it prior to or on the Closing Date; provided, that, with respect to agreements, covenants and conditions that are qualified by materiality, the Seller shall have performed such agreements, covenants and conditions, as so qualified, in all respects.
iv. All of the Seller’s representations and warranties shall be true and correct in all respects on the date hereof and at and as of the Closing as though such
10 representation or warranty was made at and as of the Closing, except, in each case, to the extent any such representation or warranty speaks as of a specific date, in which case such representation or warranty shall be, subject to the qualifications set forth above, true and correct at and as of such specific date. v. There shall have been no material adverse change in the condition of the ASA Water Systems or the Purchased Assets. For purposes of this Agreement, a “material adverse change” shall mean any eve nt, occurrence, fact, condition or change that is, or is reasonably likely to become, individually or in the aggregate, materially adverse to (i) the ability of the Seller to consummate the transactions contemplated hereby on a timely basis, (ii) the value of the ASA Water Systems or the Purchased Assets individually, or (iii) the ability of the Purchaser to operate the ASA Water Systems or the Purchased Assets in substantially the same scope, quality and nature as the Seller operated such assets within the twelve (12) month period prior to the Closing Date.
vi. The Seller shall have provided to the Purchaser a replacement cost new less depreciation appraisal of the value of the ASA Water Systems. vii. The Purchaser shall have received CPUC authorization without condition unacceptable to the Purchaser for the acquisition of the ASA Water Systems, the Purchaser’s proposed ratemaking treatment with respect thereto and any other material requests made by Purcha ser in its application or other request for authorization to the CPUC, which CPUC authorization is final and no longer subject to appeal.
viii. The Seller shall have delivered or caused to be delivered to Purchaser all of the documents, instruments, and agreemen ts to be delivered pursuant to Section 11(b)(i) on or before Closing.
9. PRE-CLOSING CONDUCT; SELLER COVENANTS. Prior to the Closing Date, the Seller covenants to the Purchaser, and shall conduct itself, as follows:
a. During the period between execution of this Agreement and the Closing Date, the Seller shall:
i. Operate and maintain the ASA Water Systems and Purchased Assets in compliance with all applicable laws and in substantially the same scope, quality and nature as the Seller operated such assets within the twelve (12) month period prior to the date hereof to ensure that the condition of the ASA Water Systems and the Purchased Assets remain in all material respects unchanged, normal wear and tear and usage excepted;
ii. Maintain its inventory levels regarding the ASA Water Systems and Purchased Assets in the ordinary course of business;
iii. Promptly notify the Purchaser of any notification received by the Seller from any person, business, or agency of any existing or potential Environmental Law violation;
11 iv. Provide the Purchaser, or its designated agent(s), with unrestricted access to the business premises, ASA Water Systems, Purchased Assets, the Seller’s books and records regarding its customers and operations, employees, agents, or representatives, each on at least one business day’s advance notice and during business hours;
v. Maintain its existing levels of insurance on the Purchased Assets and ASA Water Systems. For the avoidance of doubt, the risk of any loss shall remain with the Seller through the Closing Date;
vi. Support and provide reasonable efforts to the Purchaser in the preparation and prosecution of the Purchaser’s application or other request to the CPUC for: (A) the purchase of the ASA Water Systems and associated Purchased Assets; (B) extension of the service area of the Artesia System to include the ASA Water Systems; and (C) the establishment of rates for customers that reside in the ASA Water Systems area, including , but not limited to , furnishing necessary information, data or analysis regarding the project and infrastructure, submitting testimony, briefs and comments to the CPUC, and attending meetings or hearings at the CPUC; and
vii. Promptly notify the Purchaser of any event, activity or occurrence that has, or may have, a material adverse change upon the ASA Water Systems, Purchased Assets or this transaction.
b. During the period between execution of this Agreement and the Closing Date, the Seller shall not:
i. Enter into any contract, oral or written, relating to the ASA Water Systems or Purchased Assets without the prior written consent of the Purchaser, which consent shall not be unreasonably withheld, conditioned or delayed; and ii. Without the prior written consent of Purchaser, which shall not be unreasonably withheld, enter into any Developer Agreements.
10. TERMINATION OF AGREEMENT.
a. This Agreement may be terminated (i) by mutual written consent of the parties, (ii) by either party if the transactions contemplated hereby have not closed within sixty (60) days following the CPUC’s approval of this Agreement and the transactions contemplated hereby, which approval shall be final and no longer subject to appeal; provided, that both parties hereto shall use commercially reasonable efforts to cause all of the other conditions precedent to Closing in Section 8 to be satisfied within that timeline, or (iii) as provided in Sections 10(b) and (c) below.
b. The Purchaser may terminate this Agreement, in its sole discretion, upon the occurrence of any of the following:
12 i. The failure, in any material respect prior to Closing, of any conditions precedent to Closing, or the Seller’s failure to comply with any pre-closing conduct or any covenant of Seller set forth in Section 8(a) or Section 9. ii. Any material breach of this Agreement by the Seller, including, but not limited to, a material breach of any representation or warranty, if the Seller has not cured such breach within thirty (30) days after receiving notice from the Purchaser of such breach; provided, however, such breach must in any event be cured by the Closing Date unless the date for cure has been extended by the Purchaser by a confirmed writing.
c. The Seller may terminate this Agreement, in its sole discretion, upon the occurrence of any of the following:
i. The failure, in any material respect prior to Closing, of any of the conditions precedent to Closing set forth in Section 8(b).
ii. Any material breach of this Agreement by the Purchaser, including, but not limited to, a material breach of any representation or warranty, if the Purchaser has not cured such breach within 30 days after receiving notice from the Seller, provided, however, such breach must in any event be cured prior to the Closing Date unless the date for cure has been extended by the Seller. d. Upon the occurrence of any of the bases for termination of this Agreement, the party seeking to terminate this Agreement shall provide written notice of its termination of this Agreement to the other by delivering the same as provided in Section 15(b). e. Upon the termination of this Agreement, the following shall occur:
i. To the extent permitted by California law, each party shall return all documents, including copies, in its possession, custody, or control, or in the possession, custody, or control, of its agents and consultants to the other, as the case may be. Each party, its agents and consultants, shall treat any information previously received from the other party as confidential, and shall not disclose or use such information, unless required or permitted by applicable law. ii. Except as otherwise set forth in this Agreement, each party shall be responsible for payment of its own attorney and other professional fees and other costs of any nature whatsoever incurred prior to the termination of this Agreement.
11. CLOSING DATE AND CLOSING.
a. This transaction shall close on or before December 31, 2025 , at a location mutually acceptable to both parties (the “Closing”). This deadline may be extended at the option of either party for a period of ninety (90) days to accommodate any required regulatory approvals or to secure financing. As used in this Agreement, the term “Closing Date” shall mean 12:01 a.m. on the date that the Closing occurs.
b. Deliveries at Closing:
13 i. At or prior to the Closing, the Seller shall deliver (or cause to be delivered) to the Purchaser:
(a) Title to the ASA Water Systems and the Purchased Assets by bill of sale, special warranty deed or other conveyance instrument reasonably acceptable to the Purchaser , free of all claims, liens, or encumbrances whatsoever;
(b) At least te n (10) days prior to Closing, a listing of Seller’s accounts by customer and individual amounts due for bills rendered in the ordinary course of business; and (II) at least three (3) days prior to Closing, an estimate of the gross revenue for water service s rendered but not yet billed as of the Closing Date;
(c) All customer deposits and accrued interest thereon, together with the list of customers for whom such deposits have been collected and corresponding amounts of such deposits through Closing; (d) A certificate, dated as of the Closing Date and signed by an authorized officer of the Seller, stating that each of the conditions set forth in Section 8(b)(iii) and Section 8(b)(iv) have been satisfied;
(e) An opinion from the Seller’s counsel to the effect that: (i) the Seller is validly organized, existing and its status is active under the laws of the State of California; (ii) this Agreement has been duly and validly authorized, executed and delivered by the Seller and is a valid and binding agreement enforceable against Seller in accordance with its terms ; and (iii) the execution, delivery and performance of this Agreement will not violate any agreement of or binding on, or any law applicable to, the Seller; and
(f) Such other instruments of conveyance as shall be, in t he reasonable opinion of the Purchaser and its counsel, necessary to transfer the ASA Water Systems and Purchased Assets in accordance with this Agreement and, when necessary or desirable, in recordable form.
ii. At or prior to the Closing, the Purchaser shall deliver (or cause to be delivered) to Seller:
(a) The Purchase Price, subject to any adjustment as provided for in this Agreement;
(b) A certificate, dated as of the Closing Date and signed by a duly authorized officer of the Purchaser, stating that each of the c onditions set forth in Section 8(a)(iii) and Section 8(a)(iv) have been satisfied; and (c) Such other instruments of conveyance as shall be, in the reasonable opinion of the Seller and its counsel, necessary to transfer the ASA Water
14 Systems and Purchased Assets in accordance with this Agreement and, when necessary or desirable, in recordable form.
12. TAXES AND OTHER EXPENSES.
a. Any applicable taxes, shall be prorated as of the Closing Date and the Seller shall be required to pay its pro rata share at Closing. All other taxes, assessments and regulatory assessment fees accrued or owed by the Seller as of the date of Closing with respect to the ASA Water Systems and Purchased Assets shall remain the obligation of the Seller. All other taxes and assessments imposed or attempted to be imposed from and after the date of Closing with respect to the ASA Water Systems and Purchased Assets, if any, shall be the obligation of Purchaser.
b. Documentary stamps, recording fees, if any, to record the deeds and any other fees, assessments or charges and related instruments necessary to deliver title to the Purchaser shall be paid for by the Seller.
c. Each of the parties shall pay the fees of its own attorneys, bankers, engineers, accountants, and other professional advisers or consultants in connection with the negotiation, preparation and execution of this Agreement, and any documents associated with the Closing.
d. All bills of any kind for services, materials and supplies of any kind rendered in connection with the construction, operation and maintenance of the ASA Water Systems prior to Closing, including but not limited to electricity, phone service, and payroll for a period up to and including the Closing Date, shall be paid by the Seller. The Purchaser shall be responsible for all such costs and expenses incurred subsequent to Closing. e. The Seller and the Purchaser agree that the Purchase Price (plus any Assumed Liabilities properly taken into account for income tax purposes) shall be allocated among the ASA Water Systems and the other Purchased Assets in accordance with the applicable provisions of the Internal Revenue Code of 1986, as amended, and the methodologies as set forth on Appendix “H” to this Agreement (the “Purchase Price Allocation Schedule”).
The Purchase Price Allocation Schedule shall be prepared by the Purchaser and delivered to the Seller within one-hundred and twenty (120) days following the Closing Date. The Purchaser and the Seller shall file all tax returns (including amended returns and c laims for refund) and information reports in a manner consistent with the Allocation Schedule and will not take any position inconsistent with such schedule unless required by a determination of the applicable governmental authority that is final.
13. POST CLOSING COOPERATION; SURVIVAL PERIOD.
a. The Seller and the Purchaser shall, after the Closing Date, upon reasonable request of the other party and at no cost to the other party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, all such further documents, acts, deeds, easements, assignments, transfers, powers of attorney and assurances as may be required in order to implement and perform any of the obligations, covenants and agreements of the parties arising from this Agreement, and to permit the Purchaser to operate and maintain the ASA Water Systems and the Purchased Assets.
15 b. Each of the parties hereto shall provide the other with such assistance as reasonably may be requested in connection with the preparation of any tax return, audit or other examination by any taxing authority or any judicial or administrative proceeding relating to liability for taxes relating to the transactions contemplated by this Agreement, including reasonable access during regular business hours to any and all necessary documentation and/or records. Subject to the provisions of Section 13(e) below, each party shall retain and provide the other with any records or information that may be relevant to such return, audit or examination, proceedings or determination. The party requesting assistance hereunder shall reimburse the other for reasonable expenses incurred in providing such assistance.
c. The Seller agrees to provide assistance to the Purchaser to transition the administration (including customer services and accounting functions) and operation of the ASA Water Systems and Purchased Assets for a period of one hundred twenty (120) days after the Closing Date.
d. If Ordered by the CPUC, the Seller and the Purchaser agree to cooperate in the preparation and submittal any subsequent filings required by the CPUC after Closing. The Seller shall file reports, if any, required to satisfy its outstanding gross receipts tax, regulatory assessment fees, and other obligations and governmental assessment s through the date of Closing. All of Purchaser’s costs and expense relative to the initiation of Purchaser’s relationship with the CPUC, including regulatory assessment fees, shall be borne by the Purchaser. Copies of the Order(s) of the CPUC acknowledg ing sale of the system to the Purchaser shall be promptly provided to the Seller upon Purchaser’s receipt thereof.
e. The respective representations and warranties of the parties contained in Section 5 and Section 6 of this Agreement, or any document delivered pursuant to this Agreement, shall survive the consummation of the transactions contemplated hereby and continue for a period of one year from the Closing Date, and thereafter shall terminate. f. If applicable, at Closing, the Seller shall forever waive any claim or right to compensation or damages of any kind against the Purchaser or the County of Los Angeles which relates to any encroachment, damage or encumbrance of any nature, type or kind that existed on the Closing Date and affe cting property of the Seller located contiguous to the ASA Water Systems as may result at any time in the future from the operation of the ASA Water Systems by the Purchaser.
14. INDEMNIFICATION PROVISIONS.
a. Indemnification By the Seller.
i. Subject to the other terms and conditions of this Section 1 4, the Seller shall indemnify, defend and hold harmless the Purchaser and its affiliates and their respective directors, officers, employees, consultants, financial advisors, counsel, accountants and other agents (the “Purchaser Indemnitees”) against, and shall hold each of them harmless from and against, and shall pay and reimburse each of them for, any and all losses incurred or sustained by, or imposed upon, the
16 Purchaser Indemnitees based upon, arising out of, with respect to or by reason of:
(a) any inaccuracy in or breach of any of the representations or warranties of the Seller contained in this Agreement, or in any certificate or instrument delivered by or on behalf of the Seller pursuant to this Agreement, as of the date such representation or warranty was made or as if such representation or warranty was made on and as of the Closing Date (except for representations and warranties that expressly relate to a specified date, the inaccuracy in or breach of which will be determined with reference to such specified date);
(b) any breach or non -fulfillment of any covenant, agreement or obligation to be performed by Seller pursuant to this Agreement;
(c) any Excluded Liability; or
(d) any third-party claim based upon, resulting from or arising out of the business, operations, properties, assets, including, without limitation, the Purchased Assets, or obligations of the Seller or any of its affiliates conducted, existing or arising on or prior to the Closing Date. b. Indemnification by the Purchaser.
i. Subject to the other terms and conditions of this Section 14, the Purchaser shall indemnify, defend and hold harmless the Seller and its affiliates and their respective directors, officers, employees, consultants, financial advisors, counsel, accountants and other agents (the “Seller Indemnitees”) against, and shall hold each of them harmless from and against, and shall pay and reimburse each of them for, any and all losses incurred or sustained by, or imposed upon, the Seller Indemnitees based upon, arising out of, with respect to or by reason of:
(a) any inaccuracy in or breach of any of the representations or warranties of Purchaser contained in this Agreement or in any certificate or instrument delivered by or on behalf of the Purchaser pursuant to this Agreement, as of the date such representation or warranty was made or as if such representation or warranty was made on and as of the Closing Date (except for representations and warranties that expressly relate to a specified date, the inaccuracy in or breach of which will be determined with reference to such specified date);
(b) any breach or non -fulfillment of any covenant, agreement or obligation to be performed by Purchaser pursuant to this Agreement; or (c) any Assumed Liability.
17 c. Certain Limitations.
i. The indemnification provided for in Sections 14(a) and 14(b) shall be subject to the following limitations:
(a) For purposes of this Section 14, the calculation of the amount of los ses incurred in connection with any inaccuracy in or breach of any representation or warranty shall be determined without regard to any materiality, material adverse change or other similar qualification contained in , or otherwise applicable to , such repre sentation or warranty.
(b) In the event of any breach giving rise to an indemnification obligation under this Section 14, the Indemnified Party shall take, and cause its current and future affiliates to take, or cooperate with the Indemnifying Party if so requ ested by the Indemnifying Party in order to take, all commercially reasonable measures to mitigate the consequences of the related breach.
d. Indemnification Procedures. The party making a claim under this Section 14 is referred to as the “Indemnified Party”, and the party against whom such claims are asserted under this Section 14 is referred to as the “Indemnifying Party”. i. If any Indemnified Party receives notice of the assertion or commencement of any action made or brought by any individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity (each a “Person” and, collectively, “Persons”) who is not a party to this Agreement or an affiliate of a party to this Agreement or a director, officer, employee, consultant, financial advisor, counsel, accountant or other agent of the foregoing (a “Third Party Claim”) against such Indemnified Party with respect to which the Indemnifying Party is obligated to provide indemnification under this Agreement, the Indemnified Party shall give the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than thirty (30) calendar days after receipt of such notice of such Third Party Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party is actually prejudiced thereby.
Such notice by the Indemnified Part y shall describe the Third Party Claim in reasonable detail and shall indicate the estimated amount, if reasonably practicable, of the loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have the right to particip ate in, or by giving written notice to the Indemnified Party, to assume the defense of any Third Party Claim at the Indemnifying Party’s expense and by the Indemnifying Party’s own counsel, and the Indemnified Party shall cooperate in good faith in such defense; provided, that if the Indemnifying Party is the Seller, such Indemnifying Party shall not have the right to defend or direct the defense of any such Third Party Claim that (x) is asserted directly by or on behalf of a Person that is a supplier of the Purchaser, (y) seeks an injunction or other equitable relief against the
18 Indemnified Party or (z) relates to or arises in connection with any criminal action in which the Indemnified Party or any of its directors, officers, employees, consultants, financ ial advisors, counsel, accountants and other agents is a defendant. In the event that the Indemnifying Party assumes the defense of any Third Party Claim, subject to Section 14(d)(ii), it shall have the right to take such action as it deems necessary to a void, dispute, defend, appeal or make counterclaims pertaining to any such Third Party Claim in the name and on behalf of the Indemnified Party. The Indemnified Party shall have the right to participate in the defense of any Third Party Claim with counsel selected by it subject to the Indemnifying Party’s right to control the defense thereof. The fees and disbursements of such counsel shall be at the expense of the Indemnified Party, provided, that if in the reasonable opinion of counsel to the Indemnified Party:
(A) there are legal defenses available to an Indemnified Party that are different from or additional to those available to the Indemnifying Party; or (B) there exists a conflict of interest between the Indemnifying Party and the Indemnified Party that cannot be waived, the Indemnifying Party shall be liable for the reasonable fees and expenses of counsel to the Indemnified Party in each jurisdiction for which the Indemnified Party determines counsel is required. If the Indemnifying Party elects not to defend such Third Party Claim, fails to promptly notify the Indemnified Party in writing of its election to defend as provided in this Agreement, or fails to diligently prosecute the defense of such Third Party Claim, the Indemnified Party may, subject to Section 14(d)(ii), pay, compromise and defend such Third Party Claim and seek indemnification for any and all losses based upon, arising from or relating to such Third Party Claim. The Seller Indemnitors and Purchaser shall cooperate with each other in all reasonable respects in connection with the defense of any Third Party Claim, including making available records relating to such Third Party Claim and furnishing, without expense (other than reimbursement of actual out -of-pocket expenses) to the def ending party, management employees of the non -defending party as may be reasonably necessary for the preparation of the defense of such Third Party Claim.
ii. Notwithstanding any other provision of this Agreement, the Indemnifying Party shall not enter into settlement of any Third Party Claim without the prior written consent of the Indemnified Party, except as provided in this Section 14(d)(ii). If a firm offer is made to settle a Third Party Claim without leading to liability or the creation of a financial or other obligation on the part of the Indemnified Party and provides, in customary form, for the unconditional release of each Indemnified Party from all liabilities and obligations in connection with such Third Party Claim and the Indemnifying Party desir es to accept and agree to such offer, the Indemnifying Party shall give written notice to that effect to the Indemnified Party. If the Indemnified Party fails to consent to such firm offer within ten (10) days after its receipt of such notice, the Indemni fied Party may continue to contest or defend such Third Party Claim and in such event, the maximum liability of the Indemnifying Party as to such Third Party Claim shall not exceed the amount of such settlement offer. If the Indemnified Party fails to consent to such firm offer and also fails to assume defense of such Third Party Claim, the
19 Indemnifying Party may settle the Third Party Claim upon the terms set forth in such firm offer to settle such Third Party Claim.
iii. Any action by an Indemnified Party o n account of a loss which does not result from a Third Party Claim ( a “Direct Claim”) shall be asserted by the Indemnified Party giving the Indemnifying Party written notice thereof. Such notice by the Indemnified Party shall describe the Direct Claim in reasonable detail and shall indicate the estimated amount, if reasonably practicable, of the loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have thirty (30) days after its receipt of such notice to respond in writing to such Direct Claim. The Indemnified Party shall allow the Indemnifying Party and its professional advisors to investigate the matter or circumstance alleged to give rise to the Direct Claim, and whether and to what extent any amount is payable in respect of the Direct Claim and the Indemnified Party shall assist the Indemnifying Party’s investigation by giving such information and assistance (including access to the Indemnified Party’s premises and personnel and the right to examine and copy any accounts, documents or records) as the Indemnifying Party or any of its professional advisors may reasonably request. If the Indemnifying Party does not so respond within such thirty (30) day period, the Indemnifying Party shall be deemed to have rejected such claim, in which case the Indemnified Party shall be free to pursue such remedies as may be available to the Indemnified Party on the terms and subject to the provisions of this Agreement.
e. Any indemnification payments required hereunder, shall be made by the Indemnifying Party to the Indemnified Party, within five (5) business days after the determination thereof.
15. MISCELLANEOUS PROVISIONS.
a. This Agreement and the Appendices hereto collectively embody the entire agreement and understandings between the parties and there are no other agreements or understandings, oral or written, with reference to this Agreement that are not merged into and superseded by this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be considered an original. b. Any notice or other document required or allowed to be given pursuant to this Agreement by either party to the other shall be in writing and shall be delivered personally, or by recognized overnight courier, or by electronic correspondence or facsimile transmission with written confirmation.
If to the Seller, such notice shall be delivered at:
Jesus Gomez, City Manager
CITY OF NORWALK
12700 Norwalk Blvd.,
Norwalk, CA 90651
with a copy (which shall not constitute notice) to:
20 Arnold M. Alvarez-Glasman
City Attorney
City of NORWALK
ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pkwy North
Suite 400 – West Tower
City of Industry, CA 91746
Phone: (562) 699-5500
Email: [email protected]
If to the Purchaser, such notice shall be delivered at:
GOLDEN STATE WATER COMPANY
630 East Foothill Boulevard
San Dimas, CA 91773
Attn: Paul Rowley, Senior Vice President
Email: [email protected]
with a copy (which shall not constitute notice) to:
WINSTON & STRAWN LLP
333 South Grand Avenue, 38th Floor
Los Angeles, California 90071
Attn: D. Stephen Antion
Email: [email protected]
Notices shall be effective upon receipt or failure to accept delivery, electronic correspondence or facsimile transmission shall be deemed received on the date sent if received by 4:00 p.m. Pacific Daylight Time on a business day. If received after 4:00 p.m. PDT, such transmission shall be deemed received on the next business day.
c. The headings used are for convenience only, and they shall be disregarded in the construction of this Agreement.
d. The drafting of this Agreement was a joint effort of the parties, and in the interpretation hereof, it shall be assumed that no party had any more input or influence than any other. e. This Agreement is solely for the benefit of the parties hereto, and except as otherwise provided herein, no other causes of action shall accrue upon or by reason hereof to or for the benefit of any third party (other than successors and assigns), who or which is not a formal party hereto.
f. In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be g iven its nearest legal meaning or be construed as deleted, as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. g. This Agreement may be amended or modified only by a writing executed by both of the parties hereto.
21 h. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of California.
i. Except as provided for herein, this Agreement may not be assigned without the prior written consent of the non-assigning party. If properly assigned, this Agreement shall be binding upon and inure to the benefit of the parties’ successors and assigns. j. Notwithstanding anything to the contrary contained herein or in any other instrument or document executed by or on behalf of the Purchaser or the Seller in connection herewith, no stipulation, covenant, agreement or obligation contained herein or therein shall be deemed or construed to be a stipulation, covenant, agreement, or obligation of any present or future member, officer, employee, contractor or agent of the Purchaser or the Seller, or of any incorporator, member, director, trustee, officer, employee or agent of any successor to the Purchaser or the Seller, in any such Person’s individual capacity, and no such Person, in an individual capacity, shall be liable personally for any breach or non- observance of or for any failure to perform, fulfill or comply with any such stipulations, covenants, agreements or obligations, nor shall any recourse be had for the payment of the Purchase Price or for any claim based hereon or on any such stipulation, covenant, agreement, or obligation, against any such person, in an individual capacity, either directly or through the Purchaser or the Seller or any successor to the Purchaser or the Seller, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such Person, in an individual capacity, is hereby expressly waived and released . All references to the Purchaser in this paragraph shall be deemed to include the Purchaser and its officers, employees, attorneys, contractors and agents. The provisions of this Section shall survive the termination of this Agreement.
k. The Purchaser shall bear no liability for accrued or current salaries or benefits of any kind related to Seller’s construction, operation, or maintenance of the ASA Water Systems up to and including Closing.
[Signature Page Follows]
22 IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed the day and year aforesaid in counterparts, each counterpart to be considered an original.
SELLER:
ATTEST: CITY OF NORWALK , a California municipal
corporation
City Attorney Mayor
PURCHASER:
ATTEST: GOLDEN STATE WATER COMPANY , a California
Public Utility Water Company
Robert J. Sprowls Eva G. Tang
President and Chief Executive Officer Senior Vice President -Finance, Chief Financial Officer and Secretary
APPENDICES
Appendix “A” - Inventory of Purchased Assets
Appendix “B” - Service Territory
Appendix “C” – Physical Facilities
Appendix “D” – Inventory
Appendix “E” – Environmental Law Compliance Certification
Appendix “F” – Pending Legal Actions Certification
Appendix “G” – Customer Accounts
Appendix “H” – Purchase Price Allocation Schedule
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: John P. Ramirez, AICP, Director of Community Development Arnold M. Alvarez-Glasman, City Attorney
John W. Lam, Assistant City Attorney
Austin Ching, Deputy City Attorney
SUBJECT: RESOLUTION NO. 23-70 – MAKING FINDINGS UNDER SURPLUS LAND ACT
AND APPROVING THE PURCHASE AND SALE OF REAL PROPERTY
LOCATED AT 12843 NORWALK BOULEVARD
Background:
In 2008 the Norwalk Redevelopment Agency acquired by eminent domain, the real property located at 12843 Norwalk Boulevard, Assessor’s Parcel Number: 8047-005-903 (“Property”) from Wilshire Group Funding, Inc. (“WGF”). The Property was subsequently transferred to the City by the Successor Agency to the Norwalk Redevelopment Agency upon dissolution. The Resolution of Necessity associated with the acquisition of the Property through eminent domain stated that the Property would be used for public parking purposes.
California Code of Civil Procedure (“CCP”) Section 1245.245 requires that if a property acquired by eminent domain is not used for the public purpose stated in the Resolution of Necessity within ten years of its adoption and a new or reauthorization resolution was not adopted, the City must offer a right of first refusal to the person or persons from whom the Property was acquired.
On January 29, 2019, WGF filed a Writ of Mandate against the City to enforce its right of first refusal pursuant to CCP Section 1245.245(b), alleging that the City had not used the Property for public parking within 10 years and had not adopted a resolution reauthorizing the use for public parking purposes.
The City filed a Demurrer to the Writ of Mandate, and on May 2, 2019, the Court overruled the City’s Demurrer. Following the Court’s ruling, the City and WGF entered into settlement negotiations regarding the sale of the Property pursuant to WGF’s right of first refusal. The City
Resolution No. 23-70 – Surplus Land Act Findings and
approval of the Purchase and Sale Agreement for
12843 Norwalk Boulevard
December 5, 2023
Page No. 2
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4 and WGF agreed to terms including a purchase price based on two independent appraisals with a date of value of April 15, 2018, and entered into a Settlement and Tolling Agreement on July 24, 2020. The terms of the sale are presented in the Purchase and Sale Agreement and Escrow Instructions, attached hereto as Attachment 2.
In July of 2023, the City Attorney’s Office sought concurrence from the California Department of Housing and Community Development (“HCD”) that the proposed sale of the Property to WGF was in compliance with the Surplus Land Act. On July 10, 2023, HCD stated that:
“Therefore, the granting of first right of refusal to WGF to purchase the Property under CCP Section 1245.245(f) is not a disposition of surplus land. Therefore, the Property is not subject to the Surplus Land Act. If, however, WGF decides to not purchase the Property, the disposition (sale or lease) of the Property by the City is subject to the Surplus Land Act.”
In addition, to the extent that the Surplus Land Act applies, the Property also constitutes “exempt surplus land” under the Surplus Land Act pursuant to Government Code (“Gov. Code”) Section 54221(f)(1)(G) as land that is “subject to valid legal restrictions that would make housing prohibited. . .”
As the Property is subject to WGF’s right of first refusal pursuant to CCP Section 1245.245, the City is prohibited from offering the Property for housing if WGF has exercised its statutory right of first refusal. This restriction is imposed by State law and was not imposed or created by the City, is not under the City’s authority or discretion, and cannot be feasibly mitigated or avoided, which constitutes a valid legal restriction pursuant to Gov. Code Section 54221(f)(1)(G), thus qualifying the Property as “exempt surplus land.”
Environmental:
The Surplus Land Act’s findings and the approval of the Purchase and Sale Agreement are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15312 – Class 12 – Surplus Government Property Sales and also the common sense exemption pursuant to CEQA Guidelines Section 15061(b)(3) and none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 apply.
Fiscal Impact:
The Property is being sold for $750,000 in accordance with the Agreement of Purchase and Sale and Escrow Instructions with the WGF which is based on the date of value of April 15, 2018.
Citizens Advised:
N/A
Resolution No. 23-70 – Surplus Land Act Findings and
approval of the Purchase and Sale Agreement for
12843 Norwalk Boulevard
December 5, 2023
Page No. 2
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4 Recommended Action:
Staff recommends City Council adopt Resolution No. 23-70, MAKING FINDINGS UNDER
SURPLUS LAND ACT AND APPROVING THE PURCHASE AND SALE OF REAL PROPERTY LOCATED AT 12843 NORWALK BOULEVARD.
Attachments:
Attachment No. 1 - Resolution No. 23-70
Attachment No. 2 - Agreement of Purchase and Sale and Escrow Instructions Attachment No. 1
RESOLUTION NO. 23-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
MAKING FINDINGS UNDER THE SURPLUS LAND ACT AND
APPROVING THE PURCHASE AND SALE OF THE REAL PROPERTY
LOCATED AT 12843 NORWALK BOULEVARD BY AND BETWEEN THE
CITY OF NORWALK AND WILSHIRE GROUP FUNDING, INC.
WHEREAS, the City of Norwalk (“City”) is the Successor Agency to the Norwalk Redevelopment Agency, which acquired real property located at 12843 Norwalk Boulevard, Accessor’s Parcel Number: 8047-005-903 (“Property”), in the City of Norwalk, County of Los Angeles, by eminent domain from the Wilshire Group Funding, Inc. (“WGF”) in 2008; and
WHEREAS, pursuant to California Code of Civil Procedure (“CCP”) §1245.245, if the Property taken by eminent domain is not used for the stated public use within ten years of the adoption of the “Resolution of Necessity”, and a new or reauthorization resolution was not adopted, Property shall be sold to the person or persons from whom the Property was acquired; and
WHEREAS, as of 2019, the City had not developed the Property into a permanent public parking lot as stated in the Resolution of Necessity associated with the acquisition of the Property by eminent domain nor adopted a reauthorized resolution; and WHEREAS, in January of 2019, WGF filed a Writ of Mandate against the City to enforce a right of first refusal against the City pursuant to CCP §1245.245; and WHEREAS, on July 24, 2020, City and WGF entered into a Settlement and Tolling Agreement (“Settlement Agreement”) under which City agreed to sell the Property to WGF pursuant to the provisions of CCP §1245.245; and
WHEREAS, City and WGF have agreed to terms for the sale based on two appraisals with a date of value of April 15, 2018, which have been memorialized in an Agreement of Purchase and Sale and Escrow Instructions; and WHEREAS, in July of 2023, the California Department of Housing and Community Development (“HCD”) issued the City written guidance confirming that the granting of a right of first refusal pursuant to CCP §1245.245(f) is not a disposition of surplus land and therefore not subject to the California Government Code (“Gov. Code”) Sections 54220 et seq. (“Surplus Land Act”); and
WHEREAS, pursuant to Section 54221(f)(1)(G), surplus land that is subject to “valid legal restrictions that are not imposed by the local agency and that would make housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site” is considered “Exempt Surplus Land.” Resolution No. 23–70 Page 2 of 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1. The facts set forth in the Recitals, above, are true and correct and incorporated into the findings below.
Section 2.Findings. Pursuant to the information included in the above recitals, the associated Agenda Report, and Surplus Land Act, the City Council finds that:
A. The sale of the Property to WGF is not a “disposition of surplus land” and therefore not subject to the Surplus Land Act in concurrence with the HCD Guidance. As the Property was acquired through eminent domain and subject to the right of first refusal provisions in CCP § 1245.245, a sale of the Property to WGF would not be considered a “disposition of surplus land” and would not require the City to issue a notice of availability or make the Property available for acquisition by an affordable housing developer or sponsor or other local public entities.
B. In addition to the finding set forth in Subsection A of Section 2 above, the City Council alternatively finds that the Property constitutes Exempt Surplus Land pursuant to Section 54221(f)(1)(G) of the Surplus Land Act. Because the Property was acquired by the City through eminent domain, the Property is subject to WGF’s right of first refusal pursuant to CCP Section 1245.245. The right of first refusal is not a condition or legal restriction imposed by the City, but rather imposed by operation of law pursuant to CCP §1245.245(f). Therefore, the right of first refusal cannot feasibly be avoided or mitigated.
Therefore, the City finds that WGF’s right of first refusal is a valid legal restriction on the Property that would prohibit the development of housing, and hereby declares the Property “Exempt Surplus Land” pursuant to Section 54221(f)(1)(G) of the Surplus Land Act. The City is therefore not required to issue a notice of availability or make the Property available for acquisition by an affordable housing developer or sponsor or other local public entities.
Section 3. The actions taken by the City Council under this Resolution are exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15312 – Class 12 – Surplus Government Property Sales and also the common sense exemption pursuant to CEQA Guidelines Section 15061(b)(3) and none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 apply.
Section 4. The City Council also approves the Agreement of Purchase and Sale and Escrow Instructions for the real property located at 12843 Norwalk Boulevard, in the City of Norwalk, California (Accessor’s Parcel Number: 8047-005-903), and hereby authorizes the City Manager to execute the Agreement of Purchase and Sale and Escrow Instructions and any ancillary documents reasonably necessary to effectuate the intent of this Resolution in a form approved by the City Attorney.
Resolution No. 23–70 Page 3 of 3
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Section 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. To this end, the provisions of this Resolution are declared to be severable.
Section 6.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
Section 7. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED on this 5th day of December 2023.
____________________________
ANA VALENCIA
MAYOR
ATTEST:
_______________________________
THERESA DEVOY, CMC
CITY CLERK
1 AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
(Property formerly designated as 12843 Norwalk Boulevard, Norwalk, CA 90650)
THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (“Agreement”), is dated as of _____________, 2023, is made by and between the City of Norwalk, a municipal corporation (“Seller” or “City ”), and Wilshire Group Funding, Inc , a California Corporation (“Buyer”). Buyer and Seller are referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
A. Seller is the fee owner of approximately 19,098 square feet of real property formerly referred to as 12843 Norwalk Boulevard in the City of Norwalk, Los Angeles County, California, and designated at the time of this Agreement, as Assessor’s Parcel Number 8047-005- 903 and more particularly described in the Legal Description attached as Exhibit “A,” and as shown on Exhibit “B” attached hereto and incorporated herein, including a ll improvements located thereon, and all rights, privileges, easements and appurtenances thereto, if any, and all rights, title and interest in and to all minerals, oil, gas and other hydrocarbon substances, development rights and water stock relating thereto (the “Property”).
B. The Parties were previously involved in litigation concerning the Property as alleged in the Verified Petition for Writ Mandate, Los Angeles Superior Court Action No. 19STCP00288 filed by Buyer against Seller on January 29, 2019 , alleging among other things, that Seller is required to offer a right of first refusal to purchase the Property pursuant to California Code of Civil Procedures Section 1245.245 (the “Action”).
C. During the course of the Action, the Parties entered into that certain Settlement and Tolling Agreement dated July 24, 2020 containing the agreed upon terms to resolve the issues set forth in the Action and to avoid the need for further expenditure of resources in the Action (the “Settlement Agreement”), whereby the Seller agrees to sell the Property to the Buyer in accordance with California Code of Civil Procedure Section 1245.245.
D. Pursuant to the terms of the Settlement Agreement, the Parties conducted independent appraisals of the Property and reached an a greed upon sales price as set forth in this Agreement below.
E. Seller desires to sell the Property to Buyer and Buyer desires to purchase the Property under the terms and conditions contained in this Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. Sale of Property; Purchase Price.
1.1 Sale of Property. Seller shall sell to Buyer and Buyer shall purchase from Seller the Property at the price and upon the terms and conditions set forth in this Agreement.
Attachment No. 2
2 1.2 No Sale of Personal Property . Buyer acknowledge s that no personal property is being conveyed to Buyer pursuant to this Agreement.
1.3 Purchase Price. Buyer shall pay to Seller the total purchase price for the Property of Seven Hundred and Fifty Thousand and 00/100 Dollars ($ 750,000.00) (the "Purchase Price"), which constitutes the fair market value of the Property as of April 15, 2018 free and clear of all liens and encumbrances except those identified in Section 2.3.1 (a)-(c), infra. The Purchase Price shall be paid as follows:
(a) Within ten (10) days of the Opening of Escrow, Buyer shall deposit the sum of Fifty Thousand Dollars ($50,000) into Escrow (as defined in Section 2 below) as a good faith deposit (“Earnest Money Deposit”).
(b) The balance of the Purchase Price and such other sums as may be increased or decreased in account of any additional deposits, prorations, credits, or other adjustments as may be required by this Agreement shall be deposited before the Close of Escrow.
1.4 Liquidated Damages.
If through default Buyer fails or refuses to complete the transfer of title to the Property, to which Seller is prepared to deliver insurable title free and clear of all encumbrances in accordance with the terms and conditions of this Agreement, if such default is not cured within thirty (30) days of Buyer’s receipt of Seller’s written notice thereof, this Agreement may be terminated at the sole option of Seller, and the parties agree that (1) Seller shall draw down on Buyer’s Earnest Money Deposit as liquidated damages in an amount of Five Hundred Dollars ($500). It is understood and agreed that such liquidated damages amount represents Seller's reasonable estimate of actual damages and does not constitute a penalty. Recovery of liquidated damages shall be the sole and exclusive remedy of Seller against Buyer for failing to consummate this Agreement as a result of Buyer's breach hereof, and shall be applicable regardless of the actual amount of damages sustained and all other remedies are deemed waived by Seller.
2. Escrow; Closing Conditions.
2.1 Opening of Escrow; Escrow Instructions.
2.1.1 Opening of Escrow. Within ten (10) business day after the execution of this Agreement by the parties, Buyer and Seller shall open an escrow (the "Escrow") with Wilshire Escrow – Leslie Lim located at 4270 Wilshire Blvd., Los Angeles, California 90010 (“Escrow Holder”). The actual date of the deposit of a fully executed original of this Agreement with Escrow Holder shall constitute the opening of Escrow (the "Opening of Escrow").
2.1.2 Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of Buyer and Seller for conveyance of the Property. Buyer and Seller shall execute, deliver, and be bound by any reasonable or customary supplemental or additional escrow instructions (“Additional Instructions”) of the Title Company or other instruments as may be
3 reasonably required by the Title Company in order to consummate the transaction contemplated by this Agreement, provided they do not conflict with, amend, or supe rsede any portions of this Agreement, unless consented or agreed to in writing by Seller and Buyer. In the event of any conflict o r any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Parties.
2.2 Closing of Escrow. For purposes of this Agreement, “Close of Escrow” or “Closing” means the recordation in the Official Records of the County of Los Angeles, California of the grant deed (the “Grant Deed ”) in the form attached hereto as Exhibit “C” and the disbursement of the funds and distribution or recording of any other documents by Title Company, all as described herein. Subject to the satisfaction of the conditions to closing set forth in Sections
2.9 and 2.10 below, Close of Escrow shall occur upon the following: (i) thirty (30) days following the approval of Buyer’s Entitlements (as defined in Section 2.9.3) by the City of Norwalk and the California Department of Transportation (“Caltrans”) (if applicable) and all applicable appeal periods have expired, and (ii) the expiration of the Due Diligence period set forth in Section 2.3.2.
Buyer may elect to close escrow sooner and will provide at least a ten (10) day written notice to Seller. If the Close of Escrow does not occur, this Agreement shall terminate and the Earnest Money Deposit shall be returned to Buyer, and each Party shall pay one-half (1/2) of any Escrow cancellation charges.
2.3 Condition of Title; Title Policy; Due Diligence.
2.3.1 Condition of Title; Permitted Exceptions. Seller shall convey title to the Property to Buyer by a grant deed in the form attached hereto as Exhibit “B”. At the Close of Escrow, First American Title Company – Summer Hale located at 18500 Von Karman Ave., Irvine, California 92612 (the "Title Company") shall issue through Escrow an Owner's Policy of Title Insurance (the "Title Policy") with CLTA coverage, unless Buyer elects ALTA coverage and pays the additional cost of suc h coverage pursuant to Paragraph 2.4.2 below, in which event the Title Company shall issue the Title Policy with ALTA coverage, with liability in the amount of the Purchase Price, insuring fee title to the Property vested in Buyer, subject only to the following exceptions (the "Permitted Exceptions"):
(a) The standard printed exceptions set forth in the Title Policy.
(b) A lien to secure payment of general and special real property taxes and assessments that accrue from and after the Close of Escrow.
(c) A lien of s upplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Close of Escrow.
(d) Matters affecting the condition of title created by or with the consent of the Buyer.
(e) Other exceptions to title disclosed by the Title Report that have been approved in writing by Buyer prior to the Close of Escrow.
4 2.3.2 Buyer shall have a period of sixty (60) days from the Opening of Escrow to approve title to the Property and the cond ition of the Property and all things in any way related to the Property in its sole and absolute discretion (“Due Diligence Period”). The Closing shall be contingent upon Buyer’s inspection and written approval (or objection) of the condition of the Property and title to the Property. If Buyer fails to give such written notice of approval or objection within the Due Diligence Period, Buyer shall be deemed to have approved title to the Property and the condition of the Property and all things in any way related to the Property.
2.3.3 Buyer shall bear the cost of a Preliminary Environmental Assessment to be ordered by the Buyer during the Due Diligence period. At the close of escrow, Buyer shall be credited for any remediation costs and expenses that arise from any environmental issues or contamination related to the premises.
2.4 Costs.
2.4.1 Escrow Holder's fees with respect to the Escrow shall be paid by Buyer and Seller equally.
2.4.2 Seller shall pay the premium for a CLTA Standard Policy of Title Insurance. The additional cost for an ALTA Owner's Policy, if selected by Buyer, and any endorsements to the Title Policy requested by Buyer shall be paid for by Buyer. Buyer shall pay all costs and expenses, if any, incurred in connection with obtaining a survey of the Property.
2.4.3 All expenses and charges incurred in connection with the discharge of delinquent taxes, if any, or monetary liens or monetary encumbrances on the Property, other than (a) those created by or mad e through Buyer, (b) bonds, taxes and assessments payable over time, except to the extent payable by Seller under Subparagraph 2.4.4 below, (c) interests granting royalties to third parties, (d) liens arising out of any legal proceedings encumbering the Pr operty, notwithstanding the fact that such liens could be discharged by the payment of money, and (e) any exception to title that cannot expressly, by its terms, be discharged by payment of money, shall be paid by Seller.
2.4.4 All installments of bonds, special taxes or assessments which are a lien on the Property and due and payable in full prior to the time of Closing shall be prorated in the manner set forth in Paragraph 2.8 below; provided, however, that in determining any amount payable by Seller, such assessments shall be amortized over the longest period of time permitted by the taxing authority to make such payment, even if the assessment is assessed as a lump sum.
2.4.5 Each party shall be responsible for payment of the fees and expenses of its counsel relating to this Agreement and the transactions contemplated hereby.
2.4.6 Any city or county documentary or transfer taxes and recording fees shall be paid by Seller.
5 2.4.7 Any other closing costs or charges shall be paid by Buyer and Seller equally.
2.5 Deposit of Documents by Seller. Seller shall deposit with Escrow Holder the following items no later than one (1) business days prior to the Closing Date, duly executed and acknowledged where required:
2.5.1 The Grant Deed, executed by Seller and acknowledged.
2.5.2 A certification, duly executed by Seller under penalty of perjury in the form of, and upon the terms set forth in, the Transferor’s Certification of Non -Foreign Status (“FIRPTA Certificate).
2.5.3 An owner’s affidavit, in a form and substance acceptable to the Title Company.
2.5.4 To the extent not previously delivered to Buyer, originals of any leases, any contracts relating to the Property, certificates of occupancy, governmental approvals, and any other d ocuments, instruments or agreements reasonably necessary to effectuate the transaction contemplated by this Agreement to the extent any such documents are in Seller's possession.
2.5.5 All other documents as may reasonably be required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement.
2.6 Deposit of Documents and Funds by Buyer . Buyer shall deposit with Escrow Holder the following items no later than one (1) business days prior to the Closing Date, duly executed and acknowledged where required:
2.6.1 The Purchase Price plus such additional funds required to pay Buyer's costs and prorations as provided in Paragraph 2.4 above and Paragraph 2.8 below, less any credits Buyer is entitled to hereunder, including, but not limited to, the reimbursement of 50% of the ALTA survey fees, in the amount of $2,275.00.
2.6.2 All other documents as may be reasonably required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement.
2.7 Delivery of Documents and Funds at Closing . Upon Closing, Title Company and Escrow Holder, as applicable, are authorized and instructed to:
2.7.1 Deliver to Seller on the Closing Date immediately available funds in the sum of the Balance, and such other funds, if any, due Seller by reason of prorations, less Seller's closing costs and prorations, if any, as provided in Paragraph 2.4 above and Paragraph 2.8 below, and any credits Buyer is entitled to hereunder.
2.7.2 Pay, and charge Buyer and Seller, respectively, for any fees, charges, and costs payable under this Agreement. Before such payments are made, Escrow Holder
6 shall notify Buyer and Seller of the fees, charges, and costs necessary to clear title and close Escrow, all of which shall be reflected on the closing statement at Closing.
2.7.3 Record the Grant Deed in the Office of the County Recorder of Los Angeles County and any other instruments as appropriate, delivered through Escrow.
2.7.4 Obtain and deliver the original Title Policy to Buyer and a copy to Seller.
2.7.5 Disburse such other funds and deliver such other documents to the Parties is entitled thereto.
2.7.6 Cause the Title Policy to be issued.
2.8 Prorations.
2.8.1 Taxes. Escrow Holder shall prorate on a 365 -day basis the ad valorem taxes on the Property for the current fiscal year and all installments of bonds, special taxes, and assessments payable over time as of the Close of Escrow based upon the most current real estate tax information available. Buyer shall assum e and shall pay all taxes and assessments (including all roll -back taxes and assessments) levied or assessed against any portion of the Property as the result of a change in the use or ownership of the Property occurring from and after the Closing Date
2.8.2 Utilities. Escrow Holder shall prorate through Escrow, on a 365 - day basis, all water, gas, electric and other utility services, if any, on the Property.
2.9 Buyer's Conditions to Closing. Buyer shall not be obligated to proceed to the Close of Esc row and the Closing shall not occur unless and until, in addition to all other conditions contained in this Agreement, the following conditions have been satisfied or waived in writing by Buyer:
2.9.1 Title Report. Promptly following the execution of thi s Agreement by Buyer and Seller, the Title Company shall have delivered to Buyer a preliminary title report issued by the Title Company (the "Preliminary Report") for the Property (as well as copies of all title documents referred to therein). Closing shall be contingent upon Buyer’s approval of the Title Report and the title of the Property during the Due Diligence Period. For any exceptions to title noted in the Preliminary Report not referenced in Section 2.3.1 (a) -(c), supra, Seller will use its best efforts to remove any clouds on title prior to the Closing.
2.9.2 Issuance of Title Policy. The Title Company shall have issued the Title Policy as of the Close of Escrow.
2.9.3 All entitlements applied for by Buyer for the development of the Property as listed in Exhibit “D,” attached hereto and incorporated herein (collectively “Buyer’s Entitlements”), have been approved by the City of Norwalk Planning Commission and/or City
7 Council and Caltrans under the California Outdoor Advertising Act (if applicable) and all applicable appeal periods have expired.
2.9.4 The City of Norwalk City Council shall have, at a duly noticed public meeting, adopted a resolution declaring the Property “Exempt Surplus Land” in accordance with the requirements of the California Surplus Land Act and transmitted the resolution to the California Department of Housing and Community Development at least 30 days prior to the Closing.
2.10 Seller's Conditions to Closing . Seller shall not be obligated to proceed to the Close of Escrow and the Closing shall not occur unless and until, in add ition to all other conditions contained in this Agreement, the following conditions have been satisfied or waived in writing by Seller:
2.10.1 Performance of Obligations. At or prior to the Closing Date, Buyer shall have performed all of Buyer's obligations herein that are to be performed prior to the Closing as required under this Agreement.
2.10.2 Buyer has paid to City all applicable and constitutional development impact fees, processing and permit fees, and costs as established under the City’s maste r fee schedule in effect as of the date of this Agreement as indicated on the first page of this Agreement in connection with Buyer’s Entitlements.
2.10.3 The City of Norwalk City Council shall have, at a duly noticed public meeting, adopted a resolution declaring the Property “Exempt Surplus Land” in accordance with the requirements of the California Surplus Land Act and transmitted the resolution to the California Department of Housing and Community Development at least 30 days prior to the Closing.
2.10.4 The representations and warranties of Buyer contained in this Agreement shall be true and correct in all material respects as of the Close of Escrow.
2.11 Waiver. It is hereby understood that the conditions set forth in Paragraph s
2.9 and 2.10 above are for the benefit of Buyer and Seller, respectively and may be waived by either party in writing delivered to the other party and Escrow Holder. In satisfying the conditions in Paragraphs 2.9 and 2.10, Seller and Buyer shall each exercise good faith, reasonableness, and diligence. However, decisions authorized to be made in the sole discretion of either Buyer or Seller shall be final and not subject to review or challenge on any basis.
2.12 Termination. Upon any termination of this Agreement and the Escrow (if applicable) for any reason, other than either party's default hereunder, (i) each party shall execute such documents as Escrow Holder may reasonably require to evidence such termination, (ii) Escrow Holder shall charge its fees and expenses to both parties equally, (iii) subject to the provisions of Subparagraph (ii) above, Escrow Holder shall return all documents and funds to the party who deposited them, (iv) , and (vii) all obligations of either party relating to this Agreement and the Property shall terminate.
8 3. Seller's Representations and Warranties . Subject to the limitations set forth under Section 5 of this Agreement, S eller hereby represents and warrants to Buyer that, unless otherwise provided, at the date of execution hereof and at and as of the Closing Date:
3.1 Seller is a California municipal corporation and has the legal capacity to understand and authority, under the laws of the State of California, California Constitution, and the Norwalk Municipal Code, to execute this Agreement and all documents in connection therewith.
3.2 Seller is not a "foreign person" within the meaning of Internal Revenue Code §1445.
3.3 If Buyer believes or asserts that any representation or warranty set forth in this Paragraph 3 is not true or complete, it must commence an action or proceeding with respect to the truth, accuracy, or completeness of any representation or warranty of Seller, if at all, within six (6) months after the Close of Escrow.
3.4 Seller has not knowingly released or has knowledge of any release of any hazardous substance on the Property during the period of Seller's ownership of the Property. The term “hazardous substances”, as used in this agreement, shall mean pollutants, contaminates, toxic or hazardous waste, medical or infectious waste, reactive substances, that could explode, or any other substances, the removal of which is required or the use of which is restricted, prohibited or penalized by any “environmental law,” which term shall mean any federal, state or local law or ordinance relating to pollution or protection of the environment. As Buyer has already performed a Phase 1 assessment and a Phase 2 assessment is recommended thereby, Seller shall pay for such an assessment to be performed during the due diligence period.
3.5 Seller is unaware of any pending or threatened litigation with regard to Property, or any injuries that have occurred on the Property during the period of its ownership that might result in any premises liability.
4. Buyer's Repr esentations and Warranties . Buyer represents and warrants to Seller as follows:
4.1 Buyer has full power and authority to execute and enter into this Agreement and to consummate the transaction contemplated hereunder. This Agreement constitutes the valid and binding agreement of Buyer, enforceable in accordance with its terms subject to bankruptcy, insolvency of other creditors’ rights laws of general application. Neither the execution nor delivery of this Agreement, nor the consummation of the transactions covered hereby, nor compliance with the terms and provisions hereof, shall conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default under, any agreement or instrument to which Buyer is a party.
4.2 Buyer has inspected the Property and is familiar with all aspects of the Property and its condition, and accepts such condition.
9 5. Buyer's Acknowledgment and General Release.
5.1 “AS-IS” Sale. Except as provided in Paragraph 3 of this Agreement, Buyer acknowledges and agrees that Seller makes no representation or warranty respecting the Property, or any portion thereof, or otherwise in connection with the transaction contemplated hereby.
Without limiting the generality of the foregoing, Buyer her eby acknowledges and agrees that Buyer purchases the Property " AS IS " with all faults, without representation, warranty or guarantee of any kind, either express or implied, including, without limitation, any warranty of condition, merchantability, habitabi lity or fitness for a particular use or purpose or the value, accuracy of information, marketability, prospects for future development, use or occupancy, except as provided in Paragraph 3 above.
5.2 Waivers and Releases . Upon Close of Escrow, and except as to any breaches of warranties, duties or obligations of Seller set forth in this Agreement and/or liability for contribution for any release of any hazardous substance by Seller on the Property, Buyer hereby waives, to the maximum legal exten t, any and all claims, remedies and causes of action for damages, liabilities, losses, or injuries related to Buyer’s acquisition of the Property , whether known or unknown, foreseeable, or unforeseeable. Buyer, on behalf of itself and its successors and assigns, hereby fully releases Seller, its successors, agents, representatives, and assigns from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer’s purchase of the Property.
5.3 California Civil Code Section 1542. Buyer hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding this Release, and represents and warrants that it is familiar with the provisions of California Civil Code Section 1542, which provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have material ly affected his or her settlement with the debtor.”
Buyer acknowledges that with respect to the sale of the Property to Buyer, Buyer may have sustained damage, loss, costs, or expenses which are presently unknown and unsuspected, and such damage, loss, costs, or expenses which may have been sustained, may give rise to additional damage, loss, costs, or expenses in the future. Nevertheless, Buyer hereby acknowledges, represents and warrants that this Agreement has been negotiated and agreed upon in light o f that situation, and hereby waives, to the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect. Notwithstanding the foregoing, nothing in this section relieves Seller of any liability for any breaches of warranties, duties or obligations of Seller set forth in this Agreement and /or liability for contribution for any release of any hazardous substance by Seller on the Property.
____________ ____________
Buyer’s Initials
10 6. Reservation of City’s Discretion. The Parties agree and acknowledge that nothing in this Agreement in any respect shall be construed to affect or prejudge the exercise of the City’s discretion concerning the submittal by Buyer of Buyer’s Entitlements. Furth er, nothing in this Agreement in any respect shall be construed to affect or prejudge the City’s discretion to consider, negotiate, or undertake any action with respect to Buyer’s Entitlements.
By its execution of this Agreement, the City is not committ ing itself to or agreeing to undertake any other acts or activities requiring the subsequent independent exercise of discretion by the City or any City commission, board, or department thereof. Except as specifically provided in this Agreement, the City s hall not be responsible for any costs or expenses incurred by Buyer in connection with this Agreement or Buyer’s Entitlements, nor shall the City be responsible for any potential lost profits of the Buyer.
Buyer is aware, understands, and acknowledges t hat City is by law required to exercise its sole unfettered discretion in considering Buyer’s Entitlements . Neither this Agreement nor any other agreement between Buyer and Seller obligates the City to approve, disapprove, or consider Buyer’s Entitlements in a particular manner.
7. Delivery of Possession. Subject to the rights of all tenants on the Property, if any, Seller shall deliver possession of the Property to Buyer at the Close of Escrow.
8. Commissions. Buyer and Seller represent and warrant to one another that no broker, salesman or finder has been engaged by them in connection with the transactions contemplated by this Agreement.
9. Notices. Whenever Escrow Holder or any party hereto shall desire to deliver to the other any notice, demand, request or other communication, each such notice, demand, request or other communication shall be in writing, shall be given by personal delivery, by registered or certified United States mail, return receipt reques ted, or by overnight courier, postage prepaid, addressed as follows:
If to Seller: City of Norwalk
12700 Norwalk Boulevard
Norwalk, CA 90660
Attn: City Manager
Tel: (562) 929-5700
Fax: (562) 929-5780
Email: [email protected]
With a copy to: Alvarez-Glasman & Colvin
13181 Crossroads Parkway North, Suite 400 West
City of Industry, CA 91746
Attn: Arnold M. Alvarez-Glasman, City Attorney
Tel: (562) 699-5500
Fax: (562 692-2244
Email: [email protected]
11 If to Buyer: Wilshire Group Funding
714 S. Plymouth Blvd,
Los Angeles, CA 90005
Attn: Amir Houriani
Tel: 310-903-2606
Fax:________________
Email:[email protected]
With a copy to: Sullivan, Workman & Dee, LLP
600 N. Rosemead Blvd., Suite 209
Pasadena, CA 91107
Attn: Karyn A. M. Jakubowski
Tel: (626) 656-8700 x 207
Email: [email protected]
Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery or refusal to accept as shown by the addressee's return receipt. If the date on which any notice required to be delivered hereunder falls on a weekend or legal holiday, then such notice may be delivered on the next business day immediately following such weekend or holiday. If the date of Closing, or any other d ate fall s on a weekend or legal holiday, then such date shall automatically be extended to the next business day immediately following such weekend or holiday. The foregoing addresses may be changed by notice given in accordance with this Paragraph.
10. Indemnification. Seller shall, at its expense, defend, indemnify, and hold harmless the Buyer and its officers, agents, employees and representatives harmless from any and all losses, liabilities, claims, lawsuits, causes of action, judgments, settlements, court costs, attorneys’ fees, and other legal expenses, costs of evidence of title, costs of evidence of value, and other damages of whatsoever nature arising out of or in connection with, or relating in any manner to any act or omission of Seller or its agents, employees, contractors and subcontractors of any tier and employees thereof in connection with or arising from Seller’s ownership or operation of the Property, except for any such loss, liability, claim, lawsuit or other damage arising from the gross negligence or willful misconduct of the City or its officers, agents, employees or representatives.
11. Amendment; Entire Agreement. All amendments and supplements to this Agreement must be in writing and executed by Buyer and Seller. All understanding s and agreements between the parties (including any printed offer of sale provided by Seller to Buyer) regarding the Property are merged in this Agreement, which alone fully and completely expresses the agreement of the parties regarding the Property. This Agreement has been entered into after full investigation of the facts by both Parties and neither Party has relied on any statement or representation not embodied in this document. This Agreement has been drafted through a joint effort of the parties and their counsel and therefore shall not be construed against either of the parties as the draftsperson.
12 12. Governing Law. This Agreement shall be governed under the laws of the State of California.
13. Counterparts, Headings and Defined Terms. This Agreement may be executed in several counterparts each of which shall be an original, but all such counterparts shall constitute one such Agreement. The headings used herein are for convenience only and are not to be construed to be part of this Agreement. For the purposes of this Agreement, (a) the term "including" means "including without limitation," and (b) when a time period is specified in this Agreement for the performance of an act or the occurrence of an event, "days" shall mean "calendar days," unless otherwise specified herein.
14. No Offer. Submission of this Agreement for examination or signature by Buyer is not effective as an agreement to sell the Property or otherwise until execution by and delivery to both Buyer and Seller of an original of this Agreement.
15. Time of the Essence. Time is of the essence in the performance of this Agreement.
16. Waiver. The waiver by one party of performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be consid ered to be a waiver by it of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law.
17. Third Parties . Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement.
18. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agree ment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the Escrow on written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability, and the provisions of Paragraph
2.11 above shall apply.
19. Additional Documents. Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be reasonably necessary to carry out the provisions of this Agreement.
20. Assignment; Binding Effect. This Agreement shall not be assignable by Buyer to any other party, except a wholly owned subsidiary of Buyer, without the prior written consent of Seller, which consent Seller may withhold in its sole discretion. For purposes of this Paragraph,
13 any agreement entered into between Buyer and a third party , except a wholly owned subsidiary, prior to the Close of Escrow to sell or otherwise transfer any intere st in the Property, including, without limitation, the execution of escrow instructions contemplating such a sale or transfer shall be deemed an assignment. Any such assignment without Seller's consent as provided herein, shall be deemed a material breach of this Agreement, and Seller, may, in Seller's sole discretion, elect to terminate this Agreement, in which case this Agreement shall be null and void, Buyer shall have no further rights hereunder, and Seller shall be entitled to damages. Subject to the f oregoing, this Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Seller and Buyer.
21. Independent Counsel. Each party acknowledges that it has consulted with and had the opportunity to consult with independ ent counsel of its own choosing in connection with the negotiation and execution of this Agreement.
22. De Minimis Remnants. The parties acknowledge that the legal description attached hereto as Exhibit A was prepared based upon existing Right of Way Map s in the possession of the State of California acting by and through the Department of Transportation (“CALTRANS”) as of the date of this Agreement . The parties further acknowledge that CALTRANS constructed improvements that appear to utilize a smaller ar ea than currently indicated on the Right of Way maps. Subsequent to the Close of Escrow, should Seller be deeded from CALTRANS any further portion of the property formerly known as 12843 Norwalk Boulevard in the City of Norwalk, Los Angeles County that it otherwise would have been required to sell to Buyer pursuant to California Code of Civil Procedure Section 1245.245 , said portions shall thereafter be quitclaimed from Seller to Buyer at no additional cost to Buyer. This provision will survive the close of escrow and the termination of this agreement.
[Signature(s) on the following page(s)]
14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
BUYER:
Wilshire Group Funding, ____
By: ____________________________________
Its: _____________________________________
Date: ___________________________________
SELLER:
City of Norwalk, a municipal corporation
By: ____________________________________
Jesus Gomez, City Manager
Date: ___________________________________
ATTEST:
By: ____________________________
Theresa Devoy, CMC, City Clerk
APPROVED AS TO FORM:
By: ____________________________
Arnold M. Alvarez-Glasman
City Attorney
EXHIBIT A & B
Legal Description with Map
EXHIBIT C
Grant Deed
Recording requested by and when
recorded mail to:
Wilshire Group Funding
WGF Contact Information
With a copy to:
City of Norwalk
12700 Norwalk Boulevard
Norwalk, CA 90660
Attn: City Clerk
APN: ________
GRANT DEED
THE UNDERSIGNED GRANTOR declares: (a) DOCUMENTARY TRANSFER TAX is $ ______; and (b) CITY TAX is $0.
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the City of Norwalk, a municipal corporation (“Grantor”), hereby grants to Wilshire Group Funding, a California corporation (“Grantee”), all of its respective rights, title, and interest in the real property located in the City of Norwalk, County of Los Angeles , State of California, as more particularly described in Attachment 1 attached hereto and incorporated herein by this reference (the “Property”).
IN WITNESS WHEREOF , Grantor has executed this Grant Deed as of _______________________.
CITY OF NORWALK, a municipal corporation
“Grantee”
By: _______________________
Jesus Gomez, City Manager
[Signature to be notarized]
ATTACHMENT 1
To Grant Deed
Legal Description
EXHIBIT D
List of Entitlements
1. Precise Development Plan (PDP) No. 2039
2. Director’s Approval Request (DAR) No. 05
3. Variance (VAR) No. 2022-01
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
SUBJECT: DECEMBER AND JANUARY MEETING SCHEDULES
Background:
In reviewing the upcoming meeting schedule with the Directors, it has been determined that there are no crucial time-sensitive items that need to be addressed before the end of the year or the first meeting of the new year. Therefore, I recommend canceling the regularly scheduled City Council meetings of December 19, 2023 and January 2, 2024.
The next regular meeting is scheduled for January 16, but if anything surfaces prior to that date that needs to be addressed, a special meeting may be scheduled.
If, however, City Council prefers to hold two meetings in January, I propose they be held on January 16 and 30, 2024.
Fiscal Impact:
N/A
Citizens Advised:
Information will be shared on the City’s social media sites, the marquee, the website, and the City’s designated posting site, if the meeting is canceled.
Strategic Plan 2023 Implementation:
N/A
City Council December 5, 2023
December and January Meeting Schedules Page No. 2
6 8
3 Recommended Action:
Staff recommends City Council consider:
a. canceling the December 19, 2023 and January 2, 2024 meetings, and holding one regularly scheduled meeting on January 16th; or
b. directing staff to take the appropriate steps to hold the December 19 meeting, cancel the January 2, 2024 meeting, and hold two meetings in January on the 16th and 30th.
Attachments:
N/A
City Council Agenda Report
December 5, 2023
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Carina Montes, Director of Human Resources/Risk Manager SUBJECT: EMPLOYEE MENTAL HEALTH BREAK – CLOSURE OF SOME CITY OPERATIONS FROM DECEMBER 26 TO DECEMBER 29, 2023
Background:
City Executive Team Members have discussed the proposed closure of City Hall and other City facilities from Tuesday, December 26 through Friday, December 29, 2023, pending City Council approval. Some Essential City services in the Public Safety, Public Services, Transportation, Recreation, and Social Services Departments, will remain open.
Full-time employees will receive 35 hours of mental health break in their leave bank, and part- time employees will receive a total of 12 hours of mental health break in their leave bank. Any staff working at City Hall or other City facilities that are scheduled for closure during that period will utilize the hours received in the leave bank.
Employees that will continue to work during the closure may utilize the mental health break leave hours beginning Monday, December 18 through Sunday, June 30, 2024. Any balance of unused mental health leave bank hours will be forfeited if not used by June 30, 2024.
Fiscal Impact:
There is no direct fiscal impact for the full-time employees. Historical information indicates that as a result of winter closure, the number of unused vacation hours paid out did not increase. Based on prior fiscal years’ vacation payouts results, in Fiscal Year 2021/22 a total of 84 full-time employees, or 6,729 hours, and in Fiscal Year 2022/23 88 employees, or 6,690 vacation hours were paid out.
City Council December 5, 2023
Closure of City Hall from December 26-29, 2023 Page No. 2 7 2
7 Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council approve:
a. the allocation of 35 hours of Mental Health Break to full-time employees and 12 hours of Mental Health Break to part-time employees; and
b. the closure of City Hall and other City facilities from December 26 to December 29, 2023, with the exception of some essential City services in the Public Safety, Public Services, Transportation, Recreation, and Social Services Departments.
Attachments:
N/A