Agenda packet — Norwalk City Council, April 15, 2025

AGENDA

CITY COUNCIL
APRIL 15, 2025

CLOSED SESSION MEETING
5:00 PM

REGULAR MEETING
6:00 p.m.

NORWALK CITY HALL/COUNCIL CHAMBERS
Tony Ayala, Mayor
Jennifer Perez, Vice Mayor
Rick Ramirez, Councilmember
Margarita L. Rios, Councilmember
Ana Valencia, 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 a speaker card 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 and 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 and
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, 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] .

Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations.

City Council, April 15, 2025 Page 2 of 6

CLOSED SESSION MEETING – 5:00 PM

CALL TO ORDER

Mayor Ayala

ROLL CALL

Theresa Devoy, CMC
City Clerk

ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS

CLOSED SESSION

I. PURSUANT TO GOVERNMENT CODE §54957.6; CONFERENCE WITH LABOR NEGOTIATOR.

Negotiating on behalf of the City: Jesus M. Gomez, City Manager; regarding negotiations with the Norwalk City Employees Association.

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 REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Assessor Property Numbers 8056-015-014 and 8056-025-020 (Front Street properties); 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.

IV. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8: Property: Assessor Parcel Number 8045-008-902 (Transit Village); Negotiating Parties: Jesus M.

Gomez, City Manager, on behalf of the City and State of California; Under Negotiation; Price and Terms of Payment.

RECESS

REGULAR MEETING – 6:00 p.m.

CALL TO ORDER

Mayor Ayala

INVOCATION

Dr. Bojorquez
New Creation Church

FLAG SALUTE

Blake Nunez
Dolland Elementary School

City Council, April 15, 2025 Page 3 of 6

ROLL CALL

Theresa Devoy, CMC
City Clerk

CLOSED SESSION REPORT

CITY COUNCIL COMMENTS

a. Report of City Council Travel

SPECIAL PRESENTATIONS

I. City Council to Proclaim April 25, 2025 as Arbor Day in the City of Norwalk.

II. City Council to Proclaim April as Recycling & Organic Separation Awareness Month in the City of Norwalk.

III. City Council to Proclaim April 13 – April 19, 2025 as Dispatcher Appreciation Week in the City of Norwalk.

CITY MANAGER COMMENTS

1. No Smoking Ordinance update.

2. Norwalk Transit System Roadeo Report.

3. 2025 Hiring Fair Recap video.

4. Bi-Weekly video.

CONSENT CALENDAR

Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote.

Any item may be removed from the consent calendar and considered separately by City Council.

1. WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA Staff recommends City Council waive reading in full of all ordinances on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. MEETING MINUTES
Staff recommends City Council approve the minutes of the meetings of April 1 and 8, 2025. 825-04

3. PAYROLL FOR THE PERIOD MARCH 2, 2025 – MARCH 15, 2025 Staff recommends City Council approve gross payroll in the amount of $1,271,813.84; the payroll check numbers 38332 – 38336 and the voucher numbers 343144 – 343644 in the total net amount of $952,539.20 for the payroll period March 2, 2025 – March 15, 2025.

4. COMMERCIAL DEMANDS
Staff recommends City Council approve the warrant register period March 25 – April 7, 2025, in the total amount of $8,119,589.63. 640

City Council, April 15, 2025 Page 4 of 6

5. PROJECT NO. 7935 - AWARD OF CONTRACT - CONSTRUCTION AND CONSTRUCTION SUPPORT

SERVICES AND CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR LOCAL STREETS REHABILITATION PROGRAM - ZONES 2, 9, AND 29, ENGINEER'S REPORT NO. 25-04

Staff recommends City Council:
a. award a contract to All American Asphalt in the amount of $5,922,140.25 for construction services; and
b. award a contract to Willdan Engineering in the amount of $163,324.00 for construction management and inspection services; and
c. approve Amendment No. 3 to the agreement with Kimley-Horn and Associates, Inc. in the amount $410,100 to provide professional engineering services for design and construction support for Project No. 7935 (Zones 2, 9 and 29) for a total not to exceed contract amount of $1,496,840; d. and authorize the City Manager to execute the contracts with All American Asphalt and Willdan Engineering including amendments up to the 15% contingency, provided there is funding in the budget and Amendment No. 3 with Kimley-Horn and Associates, Inc., on behalf of the City, in forms approved by the City Attorney.

6. PROJECT NO. 7938 (Previously Project no. 7920) - AWARD OF CONTRACT - CONSTRUCTION AND

CONSTRUCTION SUPPORT SERVICES AND CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR LOCAL STREETS REHABILITATION PROGRAM - ZONES 4 AND 31, ENGINEER'S REPORT NO. 25-05

Staff recommends City Council:
a. award a contract to Kalban, Inc. in the amount of $4,828,729.59 for construction services; b. award a contract to Southstar Engineering & Consulting, Inc. in the amount of $468,648.63 for construction management services and inspection services; c. approve Amendment No. 2 to the agreement with JMDiaz, Inc. in the amount $137,042.00 to provide professional engineering services for design and construction support for Project No. 7938 (previously Project No. 7920 - Zones 4 and 31) for a total not to exceed contract amount of $925,973.00; and
d. authorize the City Manager to execute the contracts with Kalban, Inc. and Southstar Engineering & Consulting, Inc. any amendments up to the 15% contingency, provided there is funding in the budget and Amendment No. 2 with JMDiaz, Inc., on behalf of the City, in forms approved by the City Attorney.

7. RESOLUTION NO. 25-14 BUDGET AMENDMENT AND AWARD OF CONTRACT FOR PUBLIC WORKS CONSTRUCTION – PROJECT NO. 7606, STORM DRAIN REPLACEMENT FOR POTTER STREET

Staff recommends City Council:
a. adopt Resolution No. 25-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25 ADOPTED

CAPITAL IMPROVEMENT PROJECTS BUDGET TO APPROPRIATE AVAILABLE MEASURE W FUNDING TOWARDS CITY PROJECT NO. 7606 STORM DRAIN REPLACEMENT FOR POTTER STREET, in the amount of $250,000; and
b. award a contract to Wright Construction Engineering in the amount of $198,075 for City Project No. 7606, Potter Street Storm Drain replacement; and authorize the City Manager or his designee to execute the contract and any amendments provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

City Council, April 15, 2025 Page 5 of 6

8. AMENDMENT No. 1 FOR HERMOSILLO PARK DESIGN BUILD – PROJECT NOS. 7359 AND 7607, ENGINEER’S REPORT 25-07
Staff recommends City Council approve Amendment No. 1 to the Design Build Agreement with Reyes Construction in the amount of $1,114,943 for completion of design of Project Nos. 7359 and 7607, Hermosillo Park Project; and authorize the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney.

9. AGREEMENT AMENDMENT NO. 6 FOR ON-CALL COMMUNITY DEVELOPMENT CONSULTANT

SERVICES AND ADDITIONAL SERVICES
Staff recommends City Council approve Amendment No. 6 with $206,000 for plan check services and $408,000 for years two and three for on-call consulting services; and authorize the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney.

10. APPROVAL TO PURCHASE MERIDIAN ARCHER 1200 BARRIERS
Staff recommends City Council approve the purchase of two Meridian Archer Trailer Kits from the Meridian Rapid Defense Group in the amount of $269,318.48; and authorize the City Manager to execute the purchase with any amendments, provided there is adequate funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.

11. REQUEST FOR USE OF CIVIC CENTER LAWN FOR LIONS CLUB CARNIVAL Staff recommends City Council approve the special event permit for the Norwalk Lions Club Carnival for May 19 – 29, 2025.

APPOINTMENTS

12. NORWALK HOUSING AUTHORITY APPOINTMENTS
Staff recommends City Council re-appoint Mayor Ayala and Vice Mayor Perez to four-year terms ending April 30, 2029 and Ms. Hernandez to a two-year term ending April 30, 2027.

13. ADVISORY BODY APPOINTMENTS
Staff recommends City Council make appointments to fill the vacancies on the various Advisory Bodies for two-year terms expiring on December 31, 2026.

ORDINANCE AND RESOLUTIONS

14. ORDINANCE NO. 25-1756 – STATUTORY DEVELOPMENT AGREEMENT NO. 2025-0001 FOR THE DEVELOPMENT OF THE NORWALK TRANSIT VILLAGE SPECIFIC PLAN AREA LOCATED AT 13200

BLOOMFIELD AVENUE

Staff recommends City Council:
a. introduce by title only Ordinance No. 25-1756, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORWALK, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 2025-0001

BY AND BETWEEN THE CITY OF NORWALK, CALIFORNIA AND LEWIS LAND DEVELOPERS, LLC. FOR THE DEVELOPMENT OF THE NORWALK TRANSIT VILLAGE SPECIFIC PLAN AREA LOCATED AT 13200 BLOOMFIELD AVENUE, and schedule for adoption; b. find that Development Agreement No. 2025-0001 is within the envelope of the FEIR prepared for the Norwalk Transit Village Specific Plan Project and no further environmental review is required.

ORAL COMMUNICATIONS

City Council, April 15, 2025 Page 6 of 6

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 April 10, 2025.

Theresa Devoy, CMC
City Clerk

20250401

825-04

MINUTES OF THE CLOSED SESSION AND REGULAR MEETINGS

NORWALK CITY COUNCIL

NORWALK, CALIFORNIA
APRIL 1, 2025

CLOSED SESSION MEETING

Mayor Ayala called the meeting to order at 5:00 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. Responding to roll call were Councilmember Ramirez, Vice Mayor Perez , and Mayor Ayala . Councilmember Rios arrived after roll call and Councilmember Valencia was absent. Also present were Jesus M. Gomez, City Manager; Arnold M. Alvarez-Glasman, City Attorney; and Theresa Devoy, City Clerk.

ORAL COMMUNICATIONS FOR CLOSED SESSION MATTERS

There were no persons wishing to address City Council on the matters to be discussed in closed session.

CLOSED SESSION

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

I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE §54956.8, Assessor Parcel Numbers 8047- 006-924 and 8047-006-925 (The Walk Project); Negotiating on behalf of the City: Jesus M. Gomez, City Manager; Negotiating Party: Primestor; Under Ne gotiation: 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 and 8056- 025-020; 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.

III. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(2) – Significant exposure to litigation in one case.

IV. PURSUANT TO GOVERNMENT CODE §54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Negotiating on behalf of the City: Jesus M. Gomez, City Manager; regarding negotiations with the Norwalk City Employees Association.

Minutes of the Closed Session and Regular Meetings
Norwalk City Council
April 1, 2025

2 V. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1): FCG Consultants, Inc. vs. City of Norwalk, Los Angeles County Superior Court Case No. 24NWCV00016.

RECESS

City Council recessed at 5:56 p.m. pending the commencement of the regular meeting.

REGULAR MEETING

Mayor Ayala called the meeting to order at 6:08 p.m. in the Council Chambers, Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. City Council was present in its entirety with Councilmembers Ramirez, Rios, and Valencia, Vice Mayor Perez, and Mayor Ayala responding to roll call . Also present were Jesus M. Gomez , City Manager ; Arnold M. Alvarez, City Attorney; and Theresa Devoy, City Clerk.

The invocation was delivered by Jackeline Vives , Norwalk United Methodist Church ; followed by the flag salute, led by Jeremy Erick Nocon, Downey Adult School.

CLOSED SESSION REPORT

The City Attorney indicated there was no reportable action taken on the matters discussed in closed session.

CITY COUNCIL COMMENTS

Councilmember Rios reported on her attendance at the Long Beach GEAR UP Agents of Change Symposium, the Norwalk/Santa Fe Springs Soroptimist event, the Norwalk Lions Club Woman Empowerment Tea Party and thanked them for inviting her to be the Keynote Speaker; encouraged all to attend upcoming events and be good neighbors.

Councilmember Valencia reported on her attendance at Assemblywoman Blanca Pacheco’s 3
rd Annual Woman of the Year Awards and congratulated Historical Heritage Commissioner Claudia Pavon for receiving a Woman of the Year award; reported on her attendance at the Norwalk Lions Club Woman Empowerment Tea Party, Leadership and Advocacy for the Direction of Young Women event , and thanked Mr. Alvarez -Glasman, City Attorney, and Arturo Sneider from Primestor for sponsoring the event. Vice Mayor Perez shared that City newsletters were distributed; reported on her attendance at the Los Angeles County Executive Committee for Regional Homeless Alignment and emphasized the importance of Measure H funding; and reported on her attendance at the Kids and C ops Footgolf Tournament. Mayor Ayala recognized Helen Diosdado as receiving a Woman of the Year award and requested the meeting be adjourned in memory of Anthony Mendez.

Minutes of the Closed Session and Regular Meetings
Norwalk City Council
April 1, 2025

3 SPECIAL PRESENTATIONS

City Council declared April as Autism Awareness month in the City of Norwalk.

City Council declared April as Fair Housing Month in the City of Norwalk.

City Council recognized students from Norwalk High School for participating in the Utility Box Art Program.

CITY MANAGER COMMENTS

Videos were shared highlighting the Little League & Softball Opening Day in Norwalk, Artastic 2025, and the “Bi-Weekly Review.”

CONSENT CALENDAR
Consent calendar items are considered routine matters which may be enacted by one motion and roll call vote. Vice Mayor Perez moved and Councilmember Rios seconded to approve the consent calendar as recommended. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

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

MEETING MINUTES

City Council approved the minutes of the meeting of March 18, 2025 . 825-04

PAYROLL FOR THE PERIOD FEBRUARY 16, 2025 - MARCH 1, 2025

City Council approve d gross payroll in the amount of $1,258,560.04; the payroll check Nos. 38322 – 38331 and the voucher Nos. 342640 – 343143, in the total net amount of $942,786.30 for the pay period February 16, 2025 – March 1, 2025. 630

COMMERCIAL DEMANDS

City Council approved the warrant register period March 12, 2025 – March 24, 2025, in the total amount of $4,964,272.25.
640

Minutes of the Closed Session and Regular Meetings
Norwalk City Council
April 1, 2025

4 PLANNING COMMISSION SYNOPSIS - MARCH 26, 2025

No action required. 320

PROJECT NO. 7940 – AWARD OF CONTRACT – CONSTRUCTION SERVICES FOR

COMMUNITY DEVELOPMENT BLOCK GRANT CONCRETE AMERICANS WITH DISABILITIES ACT IMPROVEMENTS 2025, ENGINEER'S REPORT NO. 25-06

City Council awarded a contract to DT Stellar General Engineering in the amount of $499,950 for construction services for Project No. 7940; and authorized the City Manager to execute the contract with an 8.21% contingency allowance, provided there is funding in the budget in a form approved by the City Attorney.
1005-04-7940

MAY 2025 MEETING SCHEDULE

City Council authorized staff to adjourn the May 20 meeting to May 27, 2025. 825

APPOINTMENTS

ADVISORY BODY APPOINTMENTS

Councilmember Rios moved and Mayor Ayala seconded the appointments of Alondra Santos and Angeles Honorato Cerezo to the Social Services Commission. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

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

Mayor Ayala moved and Vice Mayor Perez seconded the appointment of Natalie Legaspi to the Art in Public Places Committee. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Ramirez, Rios, and Valencia, Vice Mayor Perez, and Mayor Ayala
NOES: None
ABSENT: None
200

Minutes of the Closed Session and Regular Meetings
Norwalk City Council
April 1, 2025

5 PUBLIC HEARING

RESOLUTION NO. 25 -12 - UPDATING AND ESTABLISHING USER AND REGULATORY FEES FOR FISCAL YEAR 2025/26

Mayor Ayala opened the public hearing to consider and discuss updating and establishing User and Regulatory Fees for Fiscal Year 2025/26. The City Clerk presented a report on legal requisites for notice of hearing. Jennifer Hernandez, Senior Management Analyst, and Brian Brown from ClearSource Financial Consulting, provided a report. There being no persons wishing to testify on the matter, Mayor Ayala closed the public hearing.

Councilmember Rios request ed staff research charging a fee for owners of vacant properties. Councilmember Ramirez moved and Vice Mayor Perez seconded to adopt RESOLUTION NO. 25-12, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NORWALK UPDATING AND ESTABLISHING USER AND REGULATORY FEES FOR FISCAL YEAR 2025 -2026. MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

AYES: Councilmembers Ramirez, Rios, and Valencia, Vice Mayor Perez, and Mayor Ayala
NOES: None
ABSENT: None
602-01

RESOLUTION

RESOLUTION NO. 25 -13 - APPROVING THE FIRST AMENDMENT TO EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS FOR 12124 FIRESTONE

BOULEVARD

Following a brief report provided by Alex Hamilton, Interim Community Development Director, Vice Mayor Perez moved and Councilmember Ramirez seconded to:
a. adopt Resolution No. 25-13, A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF NORWALK APPROVING THE FIRST AMENDMENT TO THE EXCHANGE

AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY OF NORWALK AND FIRESTONE LOFTS, LP; and
b. find this action to be exempt under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and none of the exceptions to the Categorical Exceptions under CEQA Guidelines Section 15300.2 apply; and c. approve the First Amendment to the Exchange Agreement by and between the City of Norwalk and Firestone Lofts, LP; and authoriz e the City Manager to prepare, execute, or record (cause to be recorded) the First Amendment and any other ancillary documents, in forms approved by the City Attorney, that are reasonably necessary to effectuate the intent of the Resolution.

Minutes of the Closed Session and Regular Meetings
Norwalk City Council
April 1, 2025

6 MOTION CARRIED BY THE FOLLOWING ROLL CALL VOTE:

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

ORAL COMMUNICATIONS

Addressing City Council was Brian Tindall.

ADJOURNMENT

There being no further business to come before City Council, the meeting was adjourned at 7:41 p.m., in memory of Anthony Mendez.

____________________________

THERESA DEVOY, CMC

CITY CLERK

ATTEST:

____________________________

TONY AYALA
MAYOR
20250408

825-04

MINUTES OF SPECIAL CLOSED SESSION MEETING

NORWALK CITY COUNCIL

NORWALK, CALIFORNIA
APRIL 8, 2025

Mayor Ayala called the special meeting to order at 6:03 p.m. in the Council Chambers , Norwalk City Hall, 12700 Norwalk Boulevard, Norwalk, California. Responding to roll call were Councilmembers Rios and Valencia, Vice Mayor Perez , and Mayor Ayala.

Councilmember Ramirez arrived after roll call and participated remotely due to emergency circumstances set forth in Government Code Section 54953(i)(1) . Also present were Jesus M. Gomez , City Manager ; Arnold Alvarez -Glasman, City Attorney; and Theresa Devoy, City Clerk.

ORAL COMMUNICATIONS

There were no persons wishing to address City Council on the matters to be discussed in this special closed session meeting.

CLOSED SESSION

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

I. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1) – State of California vs. City of Norwalk, Case No. 24STCP03551.

II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(2) – Significant exposure to litigation in one case.

III. PURSUANT TO GOVERNMENT CODE §54957.6; CONFERENCE WITH LABOR NEGOTIATOR. Negotiating on behalf of the City: Jesus M. Gomez, City Manager; regarding negotiations with the Norwalk City Employees Association.

CLOSED SESSION REPORT

The City Attorney stated that there was no reportable action taken on the matter s discussed in closed session.

Minutes of the Special Closed Session Meeting
Norwalk City Council
April 8, 2025

2 ADJOURNMENT

There being no further business to come before City Council, the meeting was adjourned at 7:23 p.m.

____________________________

THERESA DEVOY, CMC

CITY CLERK
ATTEST:

____________________________

TONY AYALA
MAYOR
City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Jana Stuard, Director of Finance/City Treasurer
Karmin Hernandez Persi, Financial Analyst
SUBJECT: PAYROLL FOR THE PERIOD MARCH 2, 2025 – MARCH 15, 2025 Background:

The City’s gross payroll cost for the period March 2, 2025 – March 15, 2025 totals $1,271,813.84.

Fiscal Impact:

N/A
Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council approve gross payroll in the amount of $1,271,813.84; the payroll check numbers 38332 – 38336 and the voucher numbers 343144 – 343644 in the total net amount of $952,539.20 for the payroll period March 2, 2025 – March 15, 2025.

Attachments:

N/A

Item
Count
Vendor Name
Description
Check
Number
Check Total
1 AEG SOLUTIONS INC

EPSON SPINDLE ADAPTER
200829
$1,481.39
2 AFFORDABLE GENERATOR SERVICE INC

GENERAL MAINTENANCE WELLS
200830
$7,592.74
3 AIRGAS INC

WELDING SUPPLIES
200831
$202.66
4 COASTAL OCCUPATIONAL MEDICAL
GROUP

PHYSICAL EXAMS
200832
$145.00
5 ALLIANT INSURANCE SERVICES INC

SPECIAL EVENT SENIOR CENTER
200833
$2,972.00
6 SNC VETERINAY INC

FELINE NEUTER PROGRAM
200834
$882.00
7 B I G STUDIO INC

DEPARTMENT POLOS/SOCIAL SERVICES
200835
$670.06
8 BRENNAN ESTIMATING SERVICES

REPAIRS
200836
$2,026.00
9 BUENO GROUP INC

ONE WAYS REHABILITATION PROGRAM
200837
$15,586.00
10 DISTRICT LODGE 947, IAMAW

EMPLOYEE UNION DUES
200838
$5,604.51
11 COMPASS GROUP USA INC

COFFEE SUPPLIES
200839
$368.16
12 CARINA MONTES

MANAGEMENT WELLNESS PROGRAM
200840
$268.00
13 CLINICAL LAB OF SAN BERNARDINO INC

LAB SERVICES WATER TESTING
200841
$882.50
14 CORELOGIC INC
NETWORK SUBSCRIPTION FEBRUARY 2025
200842
$234.41
15 CSG CONSULTANTS INC
CITY PROJECT 7859
200843
$6,441.75
16 CUMMINS INC

EQUIPMENT MANUFACTURER PARTS
200844
$2,411.07
17 DANIELS TIRE SERVICE

SUPPLY AND DELIVERY OF TIRES
200845
$329.86
18 DAPEER ROSENBLIT & LITVAK LLP

CITY PROSECUTOR SERVICES
200846
$1,929.26
19 ROSEN & ROSEN INDUSTRIES INC

SAFETY ORANGE T-SHIRTS
200847
$1,439.83
20 DEWEY SERVICES INCORPORATED

PEST CONTROL SERVICES
200848
$600.00
21 ENNIS FLINT INC

TRAFFIC PAINT
200849
$6,262.20
22 FALCON FUELS INC

DIESEL AND UNLEADED FUEL
200850
$34,704.10
23 FRANCHISE TAX BOARD
PAYROLL DEDUCTION: PPE 03/15/25
200851
$300.00
24 GILLIG LLC

EQUIPMENT MANUFACTURER BUS PARTS
200852
$2,810.85
25 THE GOODYEAR TIRE & RUBBER CO

BUS TIRE LEASE SERVICES
200853
$6,317.79
26 H&H AUTO PARTS WHOLESALE

SUPPLY AND DELIVERY OF AUTO PARTS
200854
$1,620.33
27 KIMBERLY ARCE

NASC SECURITY DEPOSIT REFUND
200855
$500.00
28 LIBERTY UTILITIES CORP

UTILITIES CITYWIDE
200856
$29,895.45
29 LOS ANGELES SUPERIOR COURT

COURT SURCHARGE FEES
200857
$12,893.50
30 LOURDES RODRIGUEZ

NASC SECURITY DEPOSIT REFUND
200858
$250.00
31 MARIA AVILA

ZUMBA CLASS INSTRUCTOR
200859
$135.00
32 MARIA DE LA CRUZ

NASC SECURITY DEPARTMENT REFUND
200860
$500.00
33 MARIA LOURDES GONZALEZ MARTINEZ

HOMEMAKING SENIOR GRANT
200861
$162.00
34 MARS ENVIRONMENTAL INC

BATTERY RECYCLING
200862
$3,296.33
35 MCMASTER-CARR SUPPLY COMPANY

MISCELLANEOUS PARTS
200863
$109.68
36 MERIDIAN RAPID DEFENSE GROUP LLC

ARCHER BARRIER RENTAL
200864
$14,288.40
37 NORWALK LIONS CLUB OF CALIFORNIA

CONTRIBUTION- RICK RAMIREZ
200865
$150.00

Page 1 of 7 ends

CITY OF NORWALK

FINAL WARRANT REGISTER
March 25, 2025 through April 7, 2025
Item
Count
Vendor Name
Description
Check
Number
Check Total
38 ROBERTO FERREL CASTANEDA

LIVE ARTASTIC DEMO
200866
$900.00
39 RICHARD CORTON

BUSINESS BULLET POSTCARDS
200867
$2,398.19
40 ROBERT THEODORE DRIESLEIN

COMMUNITY INFO BOOKLETS/CATALOGS
200868
$441.00
41 PRIORITY LANDSCAPE SERVICES LLC

LANDSCAPE SERVICES
200870
$122,622.16
42 REGINA AYALA

NASC SECURITY DEPOSIT REFUND
200871
$250.00
43 S&J SUPPLY COMPANY

SUPPLIES WATER DEPARTMENT
200872
$655.59
44 CITY OF SANTA FE SPRINGS
WATER PURCHASED FY23/24
200873
$240,705.81
45 SOLTERRA AT CIVIC CENTER LP

FEBRUARY RENTAL ASSISTANCE
200874
$4,442.30
46 STANDARD INSURANCE COMPANY
PAYROLL DEDUCTION: 02/07/25
200875
$997.67
47 STANTEC CONSULTING SERVICES

CONSULTING SERVICES
200876
$34,836.22
48 THE FLAG SHOP

USA FLAGS AND POLES
200877
$2,717.88
49 THE DOWNEY PATRIOT INC
IFB 25-808/IO#25-08- BID PUBLICATION
200878
$981.00
50 TRI WEST MECHANICAL INC

ICE MACHINE SERVICES
200879
$1,480.00
51 WEST COAST ARBORISTS INC

CITY WIDE GRID TREE REMOVAL SERVICE
200880
$65,608.70
52 WESTERN STATES CONVERTERS &

ALLISON TRANSPORTATION PARTS
200881
$404.32
53 ANGELA GARNICA GARCIA
CHILD CARE STAGE 2
200882
$2,225.60
54 ILIANA SILVA
CHILD CARE STAGE 2
200883
$630.48
55 ALLEN FAMILY DAY CARE LLC
CHILD CARE STAGE 2 FEBRUARY 2025
200884
$4,614.07
56 MA CARMEN VASQUEZ
CHILD CARE STAGE 3 FEBRUARY 2025
200885
$2,698.35
57 MAOD INC
CHILD CARE STAGE 2
200886
$1,048.28
58 MARIA SILVA DE RIOS
CHILD CARE STAGE 3
200887
$1,714.53
59 NADINE MCGUIRE
CHILD CARE STAGE 2 FEBRUARY 2025
200888
$4,788.22
60 MICHELLE YVETTE ORTIZ
CHILD CARE STAGE 2
200889
$507.68
61 RAQUEL SILVA

CHILD CARE
200890
$630.48
62 ROSALINA MAGRAMO RELLOSA
CHILD CARE STAGE 2
200891
$574.26
63 GUADALUPE VILLAGRAN
CHILD CARE STAGE 2 FEBRUARY 2025
200892
$3,946.96
64 AMERICAN WATERWORKS INC

PREVENTATIVE MAINTENANCE REPAIRS
200893
$295.00
65 ART OF BRONZE INC

REPAIR STATUE
200894
$9,000.00
66 ARAKELIAN ENTERPRISES INC

UTILITY ASSISTANCE SOCIAL SERVICES
200895
$95.10
67 B & W COMMUNICATIONS INC

RADIO REPAIR SERVICE
200896
$685.10
68 B I G STUDIO INC

POLO FOR ELMER BRIZUELA
200897
$55.13
69 BUENO GROUP INC

ONE-WAYS REHABILITATION PROGRAM
200898
$5,045.00
70 CARINA MONTES

MANAGEMENT WELLNESS PROGRAM
200899
$232.00
71 CLIFFORD D WHITE

BACKFLOW TESTING
200901
$1,170.00
72 DANIELS TIRE SERVICE

SUPPLY AND DELIVERY OF TIRES
200902
$192.79
73 DATA TICKET INC

ADMINISTRATIVE CITE SERVICES
200903
$600.00
74 GILLIG LLC

BUS PARTS
200904
$961.16
75 WW GRAINGER INC

MAINTENACE SUPPLIES
200905
$291.38

Page 2 of 7 ends

CITY OF NORWALK

FINAL WARRANT REGISTER
March 25, 2025through April 7, 2025
Item
Count
Vendor Name
Description
Check
Number
Check Total
76 H&H AUTO PARTS WHOLESALE

SHOP SUPPLIES
200906
$260.42
77 JAZMINE SALAS

PUBLIC SAFETY ACADEMY REIMBURSEMENT
200907
$180.00
78 KDC CONSTRUCTION

SECURITY DEPOSIT REFUND
200908
$1,899.00
79 COUNTY OF LOS ANGELES ASSESSOR

TAX ASSESSOR MAPS
200909
$36.00
80 LOS ANGELES COUNTY SHERIFFS DEPT

CRIME SURPRESSION OVERTIME
200910
$29,729.62
81 MARIA LOURDES GONZALEZ MARTINEZ

HOMEMAKING SENIOR GRANT
200912
$324.00
82 N/S CORPORATION

BUS WASH MONTHLY INSPECTION
200913
$978.36
83 NADA BUS INC

TRANSPORTATION SERVICES
200914
$1,945.00
84 JOE'S SWEEPING INC

CITY WIDE STREET SWEEPING SERVICES
200915
$100,164.44
85 NETFILE INC

ETHICS MODULE SUBSCRIPTION
200916
$2,000.00
86 NEXTECH SYSTEMS INC

PUSH BUTTONS
200917
$1,319.64
87 RAFAEL ARROYO

SECURITY DEPOSIT REFUND
200918
$1,000.00
88 SECTRAN SECURITY INC

CASH CARRIER SERVICES FINANCE
200919
$2,742.59
89 SONIA LUGO

SECURITY DEPOSIT REFUND
200920
$1,105.09
90 SOUTHERN CALIF EDISON COMPANY

UTILITY ASSISTANCE SOCIAL SERVICES
200921
$388.10
91 SOUTHERN CALIFORNIA GAS COMPANY

UTILITIES CITYWIDE
200922
$2,714.57
92 THE DOWNEY PATRIOT INC
PUBLIC NOTICE IMPREMEDIA #25-13
200923
$225.00
93 WILLIAM J WADLEY INC

FIELD PATROL UNIFORMS
200924
$904.84
94 UNIFIRST CORPORATION

SUPPLIES CITYWIDE
200925
$2,113.62
95 PHASE II SYSTEMS, A CA CORP

HOURLY EMPLOYEE RETIREMENT MARCH
200926
$45,528.29
96 VILMA BOLANOS DE BOLANOS

HOMEMAKING SENIOR GRANT
200927
$72.00
97 ASSOCIATED TIME INSTRUMENTS LLC

TIME STAMP CLOCK
200928
$1,453.00
98 ADVANCED AVANT GARDE CORPORATION
ADMINISTRATIVE SERVICES PROJECT 7229
200929
$26,250.00
99 STATE OF CALIFORNIA DEPT OF JUSTICE

EMPLOYEE BACKGROUND CHECK SERVICES
200930
$128.00
100

COMPASS GROUP USA INC

COFFEE SUPPLIES
200931
$468.33
101

CARAHSOFT TECHNOLOGY CORPORATION

EMPLOYEE INCOME VERIFICATION
200932
$14.99
102

CHRISTINE FRANCO

NASC SECURITY DEPOSIT REFUND
200933
$1,000.00
103

CONVERGEONE INC
WI-FI
200934
$403.50
104

CUMMINS INC

EQUIPMENT MANUFACTURER PARTS
200935
$1,540.01
105

GILLIG LLC

EQUIPMENT MANUFACTURER BUS PARTS
200936
$4,128.24
106

WW GRAINGER INC

MAINTENANCE SUPPLIES
200937
$482.22
107

GRISELDA NAVARRO

NASC SECURITY DEPOSIT REFUND
200938
$1,000.00
108

H&H AUTO PARTS WHOLESALE

SHOP SUPPLIES
200939
$613.38
109

HINDERLITER DE LLAMAS & ASSOC

SALES TAX AUDITS
200940
$2,344.31
110

JAVIER LOPEZ

NASC SECURITY DEPOSIT REFUND
200941
$1,000.00
111

JEANETTE HUFF
DOG LICENSE 331374 REFUND
200942
$37.50
112

JMDIAZ INC

DESIGN CONTRACT SERVICES ZONE
200943
$2,234.83
113

KIMBERLY ZUNO

NASC SECURITY DEPOSIT REFUND
200944
$1,175.00

Page 3 of 7 ends

CITY OF NORWALK

FINAL WARRANT REGISTER
March 25, 2025through April 7, 2025
Item
Count
Vendor Name
Description
Check
Number
Check Total
114

LESLIE PEREZ MEDINA

NASC SECURITY DEPOSIT REFUND
200945
$500.00
115

LIDIA HERNANDEZ

NASC SECURITY DEPOSIT REFUND
200946
$1,000.00
116

LUIS MEZA

COMPUTER LOAN
200947
$1,447.83
117

MARIA LOURDES GONZALEZ MARTINEZ

HOMEMAKING SENIOR GRANT
200948
$288.00
118

MCMASTER-CARR SUPPLY COMPANY

MISCELLANEOUS SUPPLIES
200949
$287.00
119

MNS ENGINEERS INC

PROFESSIONAL SERVICES
200950
$16,071.25
120

NICHOLAS PADILLA

TUITION AND TEXTBOOK REIMBURSEMENT
200951
$1,300.00
121

NORWALK PRINTERS INC

PRE TRIP OPERATORS
200952
$877.59
122

ONWARD ENGINEERING

CITYWIDE INSPECTION SERVICES
200953
$14,820.00
123

NAHRO PACIFIC SW REGIONAL COUNCIL
2025 MEMBERSHIP RENEWAL
200954
$169.20
124

POWERSTRIDE BATTERY CO

AUTO AND BUS BATTERY
200955
$1,374.37
125
PSOMAS

TENANT IMPROVEMENT PROJECT
200956
$51,338.17
126

ICC GENERAL CODE INC

ONLINE MAINTENANCE
200957
$2,496.00
127

MOBILE RELAY ASSOCIATES

RADIO RELEASE SERVICES
200958
$5,948.00
128

SALVADOR HURTADO JR

TRAVEL EXPENSE REIMBURSEMENT
200959
$372.40
129

VERNOLAS TOW SERVICE

ON CALL TOWING SERVICES
200960
$240.00
130

W G ZIMMERMAN ENGINEERING INC

STAFF AUGMENTATION
200961
$9,280.00
131

BUCKNAM & ASSOCIATES INC

WATER MANAGEMENT ENGINEERING
200962
$2,550.00
132

CANDACE GALVAN

PAINTING SERVICES
200963
$850.00
133

CATALINA ESCOBEDO

PARK SECURITY DEPOSIT REFUND
200964
$250.00
134

CLAUDIO TORRES

SPECIAL OLYMPICS TSHIRT SERVICE
200965
$1,003.28
135

COST RECOVERY SYSTEMS INC
FY2025 STATE REIMBURSEMENT CLAIM
200966
$7,500.00
136

CUMMINS INC

BUS COMPONENTS AND REPAIR
200967
$10,576.32
137

DAPEER ROSENBLIT & LITVAK LLP

CITY PROSECUTOR SERVICES
200968
$13,080.00
138

ELENA OLIVARES

NASC SECURITY DEPOSIT REFUND
200969
$500.00
139

GENET ABERA

SECURITY DEPOSIT REFUND
200970
$500.00
140

GILLIG LLC

EQUIPMENT MANUFACTURER BUS PARTS
200971
$604.40
141

GOLDEN STATE WATER COMPANY

UTILITIES CITYWIDE
200972
$22,326.48
142

H&H AUTO PARTS WHOLESALE

SUPPLY AND DELIVERY OF AUTO PARTS
200973
$50.22
143

IARASLLI TAPIA

MINIACHI CLASS DEPOSIT REFUND
200974
$75.00
144

KOA CONSULTING INC

PROFESSIONAL SERVICES FEBRUARY
200975
$4,540.00
145

LIBERTY UTILITIES CORP

UTILITIES CITYWIDE
200976
$12,457.54
146

MARIA AVILA

ZUMBA CLASS INSTRUCTOR
200977
$180.00
147

MAURICIO GONZALEZ

NASC SECURITY DEPOSIT REFUND
200978
$250.00
148

MYERS & SONS HI-WAY SAFETY INC

TRAFFIC SIGNING
200979
$5,521.59
149

NORA CAZARES

NASC SECURITY DEPOSIT REFUND
200980
$700.00
150

NORWALK HIGH SCHOOL

NASC SECURITY DEPOSIT REFUND
200981
$250.00
151

PARKING CONCEPTS INC

PARK AND FACILITY MANAGEMENT JANUARY
200982
$14,625.59

Page 4 of 7 ends

CITY OF NORWALK

FINAL WARRANT REGISTER
March 25, 2025through April 7, 2025
Item
Count
Vendor Name
Description
Check
Number
Check Total
152

PREDORA CUADRO

NASC SECURITY DEPOSIT FEE REFUND
200983
$553.50
153

REGISTRAR-RECORDER/COUNTY CLERK

TERMINATION OF DECLARATION
200984
$140.00
154

ROADLINE PRODUCTS INC USA

OVERHEAD INTERSECTION STREET
200985
$2,169.73
155

ROBERT NUNEZ SR

PERSONAL PROPERTY REIMBURSEMENT
200986
$472.95
156

S&J SUPPLY COMPANY

SUPPLIES WATER DEPARTMENT
200987
$691.74
157

CITY OF SANTA FE SPRINGS

LITTLE LAKE RECREATION PROGRAM
200988
$1.00
158

JENNIFER MONTOYA

SUCCULENT CLASS SENIOR CENTER
200989
$1,200.00
159

STETSON ENGINEERS, INC
2025 WATER MASTER PLAN
200990
$44,057.00
160

RENTOKIL NORTH AMERICA INC

PEST CONTROL SERVICES
200991
$250.00
161

THE ECOHEROSHOW LLC

ECOHERO SHOW
200992
$640.00
162

WILLIAM J WADLEY INC

FIELD PATROL UNIFORMS
200993
$427.70
163

STEPHEN HIRANO
IFB 25-795 ADVERTISEMENT
200994
$125.00
164

UNIFIRST CORPORATION

SUPPLIES AND UNIFORMS CITYWIDE
200995
$740.91
165

VORANON CHUMNANSIRI

SECURITY DEPOSIT REFUND
200996
$1,856.00
166

W G ZIMMERMAN ENGINEERING INC

STAFF AUGMENTATION
200997
$17,400.00
167

WATERLINE TECHNOLOGIES INC

WATER WELLS SUPPLIES AND CHEMICALS
200998
$1,383.81
168

CENTRAL BASIN MUNICIPAL WATER DIST

IMPORTED WATER
V20630
$131,816.37
169

CITY OF CERRITOS

PURCHASE OF WATER
V20631
$41,020.82
170

GOVINVEST INC

LABOR COSTING MODULE
V20632
$18,540.00
171

MARGARET B MEJIA

HOMEMAKING SENIOR GRANT
V20633
$198.00
172

MARIA DOLORES CARRASCO

HOMEMAKING SENIOR GRANT
V20634
$72.00
173

MRI INTERMEDIATE HOLDINGS LLC

HOUSING PRO SOFTWARE
V20635
$601.30
174

NANCY GALICIA

HOMEMAKING SENIOR GRANT
V20636
$360.00
175

NORWALK CAR WASH INC
VEHICLE 270924 CAR WASH
V20637
$24.99
176

ASSET PERFORMANCE GROUP LLC

PARKING CITATION PROCESSING FEE
V20638
$14,154.41
177

REYES CONSTRUCTION INC

CONSTRUCTION
V20639
$625,568.79
178

RICHARDS WATSON AND GERSHON INC
LEGAL SERVICES JANUARY 2025
V20640
$442.00
179

SYSERCO ENERGY SOLUTIONS

CITYWIDE ENERGY PROJECT
V20641
$3,861,002.67
180

THE ARROYO GROUP

HEART OF NORWALK REVITALIZATION
V20642
$20,832.25
181

SIEMENS MOBILITY INC

POLE PURCHASES
V20643
$1,188.78
182

ALYSSA DARLENE LOMELI
CHILD CARE STAGE 3
V20644
$630.48
183

ANTHONY LENNIE DOSS
CHILD CARE STAGE 2
V20645
$630.48
184

CALDERON FAMILY DAY CARE INC

CHILD CARE
V20646
$2,036.20
185

CHANDRIKA UDAYAN GAMARALALAGE

CHILD CARE
V20647
$1,245.04
186

SHANNA SUE HUNTER
CHILD CARE STAGE 2 FEBRUARY 2025
V20648
$14,512.11
187

JEANNETTE PATRICIA FLORES
CHILD CARE STAGE 2
V20649
$1,260.96
188

MAGGIE RAMIREZ
CHILD CARE STAGE 2 FEBRUARY 2025
V20650
$3,334.90
189

MARISOL ORTEGA HERNANDEZ
CHILD CARE STAGE 3
V20651
$1,493.61

Page 5 of 7 ends

CITY OF NORWALK

FINAL WARRANT REGISTER
March 25, 2025through April 7, 2025
Item
Count
Vendor Name
Description
Check
Number
Check Total
190

MARY AGUILAR
CHILD CARE STAGE 2
V20652
$618.16
191

MELARIE GENIS
CHILD CARE STAGE 3
V20653
$546.15
192

SOCORRO MARQUARDT
CHILD CARE STAGE 2
V20654
$1,831.97
193

ALVAREZ-GLASMAN & COLVIN
LEGAL SERVICES NOVEMBER 2024
V20655
$34,686.22
194

AMERICAN FAMILY LIFE ASSURANCE CO

EMPLOYEE ADDITIONAL INSURANCE
V20656
$754.36
195

CALIFORNIA PUBLIC EMPLOYEES
PERS CONTRIBUTION PPE 03/15/25
V20657
$178,342.78
196

CALIFORNIA STATE DISBURSTMENT UNIT
CHILD SUPPORT PERIOD ENDING 03/01/25
V20658
$1,749.00
197

DELTA DENTAL OF CALIFORNIA
FULL TIME COBRA MARCH 2025
V20659
$20,050.17
198

DELTACARE USA
FULL TIME DENTAL INSURANCE MARCH 2025
V20660
$1,349.04
199

EMPLOYMENT DEVELOPMENT DEPT
EDD LEVY PROCEEDS 03/21/25
V20661
$151.37
200

EMPLOYMENT DEVELOPMENT DEPT
STATE TAX PERIOD ENDING 03/15/25
V20662
$38,409.80
201

EMPOWER/MASS MUTUAL
CONTRIBUTIONS PERIOD ENDING 03/15/25
V20663
$33,606.46
202

PAYMENTUS
PAYMENT PROCESSING FEBRUARY 2025
V20664
$1,656.20
203

STANDARD INSURANCE COMPANY RV
LIFE INSURANCE DECEMBER 2024
V20665
$5,884.11
204

UNITED STATES TREASURY-IRS
PAYROLL TAX PERIOD ENDING 03/15/25
V20666
$117,305.97
205

US BANK NATIONAL ASSOCIATION ND
CALCARD OFFSET MARCH 2025
V20667
$270,408.33
206

VISION SERVICE PLAN (CA)
MANAGEMENT ADJUSTMENTS MARCH 2025
V20668
$4,113.26
207

MARK THOMAS & COMPANY INC

CONSTRUCTION SUPPORT SERVICES
V20669
$10,503.50
208

NORWALK CAR WASH INC
VEHICLE 1730 CAR WASH
V20670
$54.00
209

SCOTT L DELL

DRUM CIRCLE CLASS
V20671
$200.00
210

ARC DOCUMENT SOLUTIONS LLC
PRINTER MAINTENANCE 1 YEAR FEE
V20672
$715.00
211

BADGER METER INC

METER REPLACEMENTS
V20673
$5,403.25
212

CHARTER COMMUNICATIONS HOLDINGS
LLC

INTERNET SERVICES
V20675
$17,799.27
213

I COPY INC

COPY CHARGES CITY HALL
V20676
$2,488.28
214

LOS ANGELES COUNTY SHERIFFS DEPT

GENERAL POLICING SERVICES
V20677
$1,411,226.12
215

MARIO ENRIQUE MERA
MANAGEMENT SERVICES ENDING 04/05/25
V20678
$12,825.00
216

NORWALK CAR WASH INC
VEHICLE 172723 CAR WASH
V20679
$27.00

Page 6 of 7 ends

CITY OF NORWALK

FINAL WARRANT REGISTER
March 25, 2025through April 7, 2025
*****Total Warrants**** $8,119,589.63
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

Page 7 of 7 ends

200869, 200900, 200911, V20674

CITY OF NORWALK

FINAL WARRANT REGISTER
March 25, 2025through April 7, 2025
Digitally signed by Jana Stuard
Date: 2025.04.09 12:27:23 -07'00'
City Council Agenda Report
April 15, 2025
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
Andrew Del Carpio, Assistant Engineer
SUBJECT: PROJECT NO. 7935 - AWARD OF CONTRACT - CONSTRUCTION AND

CONSTRUCTION SUPPORT SERVICES AND CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR LOCAL STREETS
REHABILITATION PROGRAM - ZONES 2, 9, AND 29, ENGINEER'S REPORT NO. 25-04
Background:

On December 16, 2024, staff solicited bids for construction for the Local Streets Rehabilitation Project No. 7935. The project area is located within City Pavement Management Zones 2, 9, and 29.

The work scope involves improvements to Asphalt Concrete pavement, cross gutters, curb and gutters, Americans with Disabilities Act curb ramps, signing, striping, loop detector replacements, and traffic control.

On January 23, 2025, the City received four bids. Below are the following results:

Rank Contractors Amount
1 All American Asphalt $ 5,922,140.25
2 Sully-Miller Contracting Company $ 6,040,000.00 3 Sequel Contractors, Inc. $ 6,134,991.75
4 Excel Paving Company $ 7,758,970.86

City Council April 15, 2025
Project No. 7935 – Award of Contracts Page No. 2
1 2
8 7
The Engineer’s Estimate for the project is $10,346,770.00.

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, All American Asphalt (contractor), based on their pricing and qualifications.

On February 7, 2025, the City advertised a Request For Proposal for construction management and inspection services for the project. On March 10, 2025, a total of 12 proposals were received with two of them deemed non-responsive. Below are the list of firms:

Rank Firm
1 Willdan Engineering
2 Archico Design Build, Inc.
3 LAE Associates, Inc.
4 Ally Construction Services
5 Fountainhead Consulting Corporation
6 MHJ General and Electrical Contractors, Inc.
7 Onward Engineering
8 Southstar Engineering & Consulting, Inc.
9 SPECS Engineering Group
10 TKE Engineering, Inc.
11 Transtech Engineers
12 Z&K Consultants
Staff reviewed the proposals, evaluating accuracy, costs, experience, and references. As a result, staff recommend selecting Willdan Engineering to provide construction management and inspection services for this project.

A construction engineering support services agreement was approved on December 5, 2023 with Kimley-Horn and Associates, Inc. (Kimley-Horn), design engineer. Services provided are clarification/interpretation of construction documents; review and recommend approval of project required submittals; review and recommendations related to change orders; attend construction meetings (as needed); conduct a final site visit with the project team to verify completion of the work.

To date, two contract amendments to the Kimley-Horn Agreement were issued to provide additional scope of work including utilities investigation, soils boring, design of alley improvements, and supplemental design revisions subsequent to city pavement value engineering efforts. With the requested contract Amendment No. 3, the total contract value increases to $1,496,840 as shown below:

Kimley-Horn Agreement $ 986,590.00
PSA Amendment 1 $ 3,750.00
PSA Amendment 2 $ 96,400.00
City Council April 15, 2025
Project No. 7935 – Award of Contracts Page No. 3
1 2
8 7
PSA Amendment 3 $ 410,100.00
Total Contract Amount $ 1,496,840.00
The following is an estimated cost breakdown of the estimated total project costs:

Construction Cost: $ 5,922,140.25
Contingency (15%): $ 888,321.04
CM & Insp. Services: $ 163,324.00
Design Support: $ 410,100.00
Total Estimated Cost: $ 7,383,885.29
From the award date, the estimated start date is May 2025, and the project has 90 working days to complete from issuance of the Notice to Proceed.

Fiscal Impact:

Project expenditures are funded through Fiscal Year 2024/25 approved/available California Senate Bill 1 Road Maintenance Rehabilitation Account and Measure M Local Return Funds.

No General Fund Monies are used for this project.

Citizens Advised:

N/A.

Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goal 2: Work in Partnership with Our Community to Achieve Safe and Livable Neighborhoods; Objective 1 - Re-invest in existing and aging infrastructure.

Recommended Action:

Staff recommends City Council:
a. award a contract to All American Asphalt in the amount of $5,922,140.25 for construction services; and
b. award a contract to Willdan Engineering in the amount of $163,324.00 for construction management and inspection services; and
c. approve Amendment No. 3 to the agreement with Kimley-Horn and Associates, Inc. in the amount $410,100 to provide professional engineering services for design and construction support for Project No. 7935 (Zones 2, 9 and 29) for a total not to exceed contract amount of $1,496,840;
d. and authorize the City Manager to execute the contracts with All American Asphalt and Willdan Engineering including amendments up to the 15% contingency, provided there is funding in the budget and Amendment No. 3 with Kimley-Horn and Associates, Inc., on behalf of the City, in forms approved by the City Attorney.

City Council April 15, 2025
Project No. 7935 – Award of Contracts Page No. 4
1 2
8 7
Attachments:

1. Location Map

2. Contract Amendment No. 3

1 THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

This Third Amendment to the Agreement For Professional Services (“ Third Amendment”) is entered into as of ____________, 2025 and is to that certain Agreement by and between the CITY OF NORWALK , a California municipal corporation (“City”) and Kimley -Horn, Inc., a North Carolina corporation (“Consultant”) (collectively referred to as “Parties”) dated January 16, 2024 as amended (“Agreement”).

R E C I T A L S

A. On January 16, 2024, City and Consultant entered into an Agreement for Professional Services for the Consultant to provide Professional Design Services for Project No. 7935, Local Rehabilitation Program for Zones 2, 9, and 29 in the amount of $986,590.00 (“Original Agreement”).

B. On April 2, 2024, the City and Consultant entered into the First Amendment for Professional Services to provide additional services for Project No. 7935 and increase the compensation related to those additional services in the amount of $3,750 (“First Amendment”).

C. On July 29, 2024, the City and Consultant entered into the Second Amendment for Professional Services to provide additional services for Project No. 7935 and increase the compensation related to those additional services in the amount of $96,400 (“Second Amendment”).

D. Pursuant to Sections 3.3 and 21 of the Agreement, the Parties desire to amend the Agreement to increase the maximum compensation by Four Hundred Ten Thousand One Hundred Dollars ($410,100) and all additional services in accordance with Consultant’s proposal attached hereto as Exhibit A -3, A -4, and A -5, and hereby incorporated by reference into the Agreement.

Now, therefore, and for good consideration, the Parties agree to modify the Agreement as follows:

Section 1. Section 1.1, “Scope of Services” is hereby amended in its entirety to read as follows:

“1.1 Scope of Services . Consultant shall provide the professional design services, as more particularly described in Exhibit A, A -1, A -2, A -3, A -4, and A -5 (“Services”).

Section 2. The “Services” included under Exhibit A, A -1, and A -2 of the Agreement are hereby supplemented to include the additional services more particularly described in Exhibits A-3, A-4, and A-5 to this Third Amendment.

Attachment 2
2 Section 3. Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:

“3.1 As full compensation for Consultant’s Services provided under this Agreement, City shall pay Consultant a sum not -to-exceed One Million Four Hundred Ninety Six Thousand Eight Hundred Forty Dollars ($1,496,840) (the “maximum compensation”), based on the rates set forth in the fee schedule, attached hereto as Exhibit B and Exhibit A -1, A-2, A-3, A-4, and A -5. In no event shall the Consultant be paid more than the maximum compensation (which includes expenses and additional services, if any) during the term of this Agreement.

Section 4. Except as expressly modified or supplemented by this Third Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Third Amendment and the provisions of the Agreement, the provisions of this Third Amendment shall control.

The Parties, through their respective authorized representatives, are signing this Third Amendment on the date stated in the introductory clause.

CITY OF NORWALK
a California municipal corporation

By:

Jesus M. Gomez
City Manager

Date: ____________________________

ATTEST:

By:

Theresa Devoy, CMC
City Clerk

APPROVED AS TO FORM:

By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney

KIMLEY-HORN
a California corporation

By:

Name: __________________________

Title: ___________________________

Date: ___________________________

By:

Name: __________________________

Title: ___________________________

1 •
May 20, 2024
Mr. Mario Mera, Engineering Division Manager
City of Norwalk, Public Services Department
Engineering Divisions
12700 Norwalk Boulevard
Norwalk, CA 90650
RE: Local Street Rehabilitation Program Zones 2, 9, and 29 (Project No. 7935) – Amendment #3 for Various Geotechnical Borings
Dear Mr. Mera:

Kimley-Horn and Associates, Inc. (Kimley-Horn) submits this additional services request to provide additional professional consulting services for the City’s Local Street Rehabilitation Program in Norwalk, California. This additional services request is based upon the background information from your email on May 10, 2024, conversations with you and City staff, and a site meeting April 25, 2024.

Project Understanding
The City of Norwalk (City) is working with Kimley-Horn to prepare Plans, Specifications, and Estimates (PS&E) packages for Local Streets Pavement Rehabilitation in Zones 2, 9, and 29. There are a number of previous paving areas outside of the current work where raveling and premature pavement distresses occurred. A site meeting was held April 25th to review the site conditions. Notes were captured via meeting record notes (attached).

Picture 1: Raveling in front of 11383 Hermosura Street
The eight locations were sent to Kimley-Horn on May 7th and include the locations below:
• 11838 Hermosura St, Norwalk, CA 90650
• 11868 Hermosura St, Norwalk, CA 90650
• 16004 Clarkdale Ave, Norwalk, CA 90650
• 11862 160th St, Norwalk, CA 90650
• Corner of Clarkdale Ave and 161st St
• 12144 Algardi St, Norwalk, CA 90650
• 12038 Algardi St, Norwalk, CA 90650
• 15934 Elaine Ave, Norwalk, CA 90650
Exhibit A-3

2 •
The services Kimley-Horn will provide for this additional services request will be specific to the geotechnical investigation for pavement analysis and design recommendations required at each location. Depending on the recommendation and if additional design services are required beyond what is included in this scope of work, an amendment for additional work will be prepared for the City’s approval. The scope of services is outlined below.

Scope of Services
Task 1: Field Review/Data Collection
Kimley-Horn will conduct a field site walk with the geotechnical engineer to evaluate the existing asphalt concrete. The team will plan for a boring at each location as listed above.

A separate “Field Deficiency Matrix,” noting existing conditions, recommended improvements, and estimated quantities will be developed.

Task 2: Research and Development
Kimley-Horn will assume that there are no underground utilities within the pavement distress areas. No utility outreach is anticipated. Geophysical survey for utilities within the coring/boring area is included. This task is anticipated to be a desktop review of existing utilities for plans provided by the City. Additional research will be required if additional design services are required.

Task 3: Survey/Right-of Way Engineering
Kimley-Horn does not anticipate any survey or right of way engineering for these specific locations list above.

Task 4: Geotechnical Engineer
Kimley-Horn will expand our scope of services for Geotechnical Engineer in our original contract to provide concrete pavement sections for the locations listed above. We anticipate performing a subsurface exploration, performing laboratory testing of representative samples, and preparing materials report/pavement reports. A desktop search of the existing soils will be conducted to determine the pavement section and a table of values will be included into the geotechnical report.

Corings will be limited to the AC layer and base that will be hand augured. A draft and final report will be prepared documenting the possible pavement failure. There is no design work proposed for any new pavement repair for these locations.

Task 5: Environmental Documentation
Kimley-Horn does not anticipate any environmental documentation for this work as it is classified as follow up maintenance and repair work from the previous project.

Task 6: Engineering Design and Plans Specifications & Estimates (PS&E) Kimley-Horn will provide an additional services amendment should additional design services be requested as part of this work.

Task 7: Project Management and Meetings
Kimley-Horn will expand our scope of services for Project Management and Meetings in our original contract to provide similar services for this additional work, project coordination with the team, administration, and set-up and attendance at project meetings. We anticipate one meeting and coordination with the geotechnical engineer and City.

Assumptions and Exclusions
All assumptions and exclusions will be the same as those noted in the original contract including:
• The existing DIR number will be used.

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• Traffic control services will be traffic cones using the MUTCD. No location specific traffic control plans will be provided.
• A no fee encroachment permit will be issued by the City. • A cold patch will be placed at the coring/boring location. • City to provide background data for each location including previous geotechnical report, date of pavement installation, and design plans.

Fee Proposal
Kimley-Horn will complete the additional services as described in the scope of services for a lump sum fee of $43,000 per the task breakdown below:

TASK NO. TASK DESCRIPTION FEE
1 Field Review/Data Collection $800
2 Research and Development* $0
3 Survey/Right of Way Engineering* $0
4 Geotechnical Engineer $41,000
5 Environmental Documentation* $0
6 Engineering Design and PS&E* $0
7 Project Management and Meetings $1,200
TOTAL COST $43,000
*Should additional design services be required, an amendment will be provided for the City’s approval.

Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,

KIMLEY-HORN AND ASSOCIATES, INC.

Sri Chakravarthy, P.E, T.E. Zachary McFann, P.E., T.E.

Senior Vice President, RCE 73629 Project Engineer

1 •
December 5, 2024
Mr. Mario Mera, Engineering Division Manager
City of Norwalk, Public Services Department
Engineering Divisions
12700 Norwalk Boulevard
Norwalk, CA 90650
RE: Local Street Rehabilitation Program Zones 2, 9, and 29 (Project No. 7935) – Amendment #4 for Various Additional Work
Dear Mr. Mera:

Kimley-Horn and Associates, Inc. (Kimley-Horn) submits this additional services request to provide additional professional consulting services for the City’s Local Street Rehabilitation Program in Norwalk, California. This additional services request is based upon the background information throughout the design phase of work, various city coordination meetings, and a summary meeting held on October 14, 2024 with you and City staff.

Project Understanding
The City of Norwalk (City) is working with Kimley-Horn to prepare Plans, Specifications, and Estimates (PS&E) packages for Local Streets Pavement Rehabilitation in Zones 2, 9, and 29. Throughout design, there were a number of various out of scope and additional effort activities that occurred. These activities include the following:
• Additional Meetings
• Working Group Sessions and Coordination
• Scope Changes
• Additional Comment Reviews and Submittals
Each of these activities are broken down into more specifics and associated costs below.

The scope of services for the additional work outlined below.

Scope of Services
Task 1: Additional Meetings
Kimley-Horn’s original proposal indicated that the project timeline would be 5 months. There have been additional (coordination and subject specific) meetings that have occurred over the past 9 months. Over the course of the additional 4 months, these meetings have exceeded our budget expectations listed in the proposal.

Task 2: Working Group Sessions and Coordination
Part way through the design, the City hosted two in person sessions with all the City departments and personnel, and the three design teams providing pavement services. The sessions provided an opportunity to engage with a contractor who is a subject matter expert in AR cape seal pavements. At the City’s request, Kimley-Horn took the initiative to lead the other design teams and City personnel to craft and refine the specifications so that they would be streamlined among the other zone projects. Multiple coordination efforts and seven (7) additional meetings occurred to assist in this specification refinement process, specifically for temperature ranges for the materials, ambient weather temperature, and batch plant testing. In addition, the City requested that the monumentation by the contractor be limited to the pre-construction stage to identify and document existing monuments. The designer would be responsible for the post-construction monumentation at the end of construction. Kimley-Horn began extensive research into the existing survey corner records and monuments. The intent of the working group sessions and coordination were to establish a new baseline for the City so that they could gain Exhibit A-4

2 •
economies of scale and efficiencies in future projects. Due to this, the efforts for this task are being split evenly between Kimley-Horn and the City. The total fee for this task is $28,400. The reduced/split fee is shown in the fee table below.

Task 3: Scope Changes
Task 3.1: Profiles, Ringwood Plan, and Driveways
Kimley-Horn modified the scope and carved out portions of the original project to help meet the City’s goals. Our amendment proposal for the concrete alleys did not include profiles. Preparing the profiles for 38 sheets was a large effort to deliver. The zones in each package were adjusted at the request of the City. Further, Ringwood Avenue was removed from the plan set so that an adjacent project could use the street for staging and mobilization. That project would bear the costs for the street rehabilitation. An adjustment to the plans and cost estimates was required to update the package. Civil design for the driveways were performed at the request of the City. The driveways were graded out to determine the elevations and path of travel. Later during design, the driveways were removed.

The 38 sheets with profiles are broken down by zone as follows:

Plan and Profile Sheets Revised by Zone
Zone Number of Profile Sheets
Zone 2 14
Zone 9 4
Zone 21 12
Zone 26 8
Zone 29 0
Total 38

Task 3.2: Pavement Treatments
The City provided plans to another consultant to assess the viability of an extensive AR Cape Seal and Type II Slurry. The recommendations from the review were given to Kimley-Horn. The scope changes reduced the overall design life and shifted the project to more of a pavement preservation approach. The City understands the limitations of AR cape seals versus a full grind and overlay. It is the city’s decision to implement cape seals on a majority of the streets in the zone projects currently under design to extend the useful life of the existing pavements on these roadways. Although the projected life of the pavement surface treatments is less than the targeted life span of a rehabilitated asphalt pavement overlay, the City decided to continue with the cape seal due to the city’s intent to put these streets on long term pavement preservation programs. The cape seal is seen as a practical method to utilize available resources to surface treat more neighborhood roadways. The City anticipates to slurry seal the selected streets in 7 years.

Pavement treatments were changed from what was included in the 65% design plans to a treatment that would reduce the overall design life and shift the project to a pavement preservation approach for the final bid set plans, on the number of sheets by zone:

Plan Sheets Revised by Zone
Zone Number of Plan Sheets
Zone 2 16
Zone 9 9
Zone 29 8
Total 33

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Task 4: Additional Comment Reviews and Submittals
Kimley-Horn’s original proposal scoped for one consolidated round of comments at each submittal stage (65%, 90%, and 100%). The original scope assumed one package to be prepared. The design package was split into two to accommodate the City’s rollout schedule. There were other portions of the work that were added such as the alleys, which were covered by previous amendments. In addition, Ringwood Avenue was pulled out of the plan set for the City to direct another adjacent project and contractor to perform the work.

To date there have been multiple rounds of comments from various City departments and personnel. There were separate comment reviews for the main design package (Zone 2 and 9), the separated design package (Zone 29), alleys, specifications and OPC cost estimates. These comments have been captured and documented in our red mark plan set and track changes on the specifications. Some comments have triggered additional comment resolution meetings. The following is a list of submittal stages completed:

Submittal Schedule
Submittal Zone(s) Date
65% P&E Zones 2, 9, 29 April 2024
90% P&E Zone 29 May 2024
100% P&E Zone 29 June 2024
90% P&E Zones 2, 9, 21, 26 July 2024
100% P&E Zones 2, 9, 29 August 2024
100% PS&E Zones 21, 26 September 2024
Final PS&E Zones 2, 9, 29
Zones 21, 26
October 2024

Assumptions and Exclusions
All assumptions and exclusions will be the same as those noted in the original contract.

Fee Proposal
Kimley-Horn will complete the additional services as described in the scope of services for a lump sum fee of $148,600 per the task breakdown below:

TASK NO. TASK DESCRIPTION FEE
1 Additional Meetings $16,700
2 Working Group Sessions and Coordination $14,200
3 Scope Changes $67,900
4 Additional Comment Reviews and Submittals $49,800
TOTAL COST $148,600

4 •

Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,

KIMLEY-HORN AND ASSOCIATES, INC.

Sri Chakravarthy, P.E, T.E. Zachary McFann, P.E., T.E.

Senior Vice President, RCE 73629 Project Engineer

Sr.

Professional
I
Professional
II
Professional
I Analyst II Analyst I
Project
Support
Staff
Total Labor Total Cost
Hourly Rates $310 $250 $225 $175 $160 $135 Estimate Estimate SCOPE OF WORK TASKS Hrs Hrs Hrs Hrs Hrs Hrs Hours Cost
Task 1: Additional Meetings 18 18 28 2 66 $16,700
Task 2: Working Group Sections and Coordination 8 24 24 2 58 $14,200 Task 3: Scope Changes 20 42 82 78 116 4 342 $67,900
Task 3.1: Profiles, Ringwood Plan, and Driveways 14 30 58 54 82 2 240 $47,730 Task 3.1.1: Zone 2 6 12 22 20 32 2 94 $18,700
Task 3.1.2: Zone 9 2 4 6 6 10 28 $5,620
Task 3.1.3: Zone 21 4 8 18 16 24 70 $13,930
Task 3.1.4: Zone 26 2 6 12 12 16 48 $9,480
Task 3.2: Pavement Treatments 6 12 24 24 34 2 102 $20,170 Task 3.2.1: Zone 2 2 6 12 12 16 2 50 $9,750
Task 3.2.2: Zone 9 2 4 6 6 10 28 $5,620
Task 3.2.5: Zone 29 2 2 6 6 8 24 $4,800
Task 4: Additional Comment Reviews and Submittals 12 30 44 84 84 4 258 $49,800 Total Estimated Hours 58 114 178 162 204 8 724
Total Estimated Costs $17,980 $28,500 $40,050 $28,350 $32,640 $1,080 $148,600

1 •
March 4, 2025
Mr. Mario Mera, Engineering Division Manager
City of Norwalk, Public Services Department
Engineering Division
12700 Norwalk Boulevard
Norwalk, CA 90650
RE: Local Street Rehabilitation Program Zones 2, 9, and 29 (Project No. 7935) Amendment #5 for Construction Support
Dear Mr. Mera:

Kimley-Horn and Associates, Inc. (Kimley-Horn) submits this additional services request to provide Construction Support consulting services for the City’s Local Street Rehabilitation Program in Norwalk, California. This additional services request is based upon the background information throughout the design phase of work, various city coordination meetings, and a request from City staff.

Project Understanding
The City of Norwalk (City) is working with Kimley-Horn to prepare Plans, Specifications, and Estimates (PS&E) packages for Local Streets Pavement Rehabilitation in Zones 2, 9, and 29. The project is currently out to bid and RFIs have been transmitted to Kimley-Horn for processing. A bid analysis was also conducted from the received bids. The City anticipates the start of work to be April 2025.

The services provided will be two-fold. With our surveyor, we will provide final survey monumentation based on data received from the contractor and provide construction support services. In addition, we will provide construction support services to aid the City where requested. The scope of services for this work is described below.

Scope of Services
Task 1: Final Survey Monumentation
Case Surveying will be performing centerline monumentation for the convenience of the City. Case Surveying will research all city and county survey records associated with the area within the construction limits. A survey crew will take that research to identify where protection will occur. Centerline monuments control the centerline of streets and will be located in the center of intersections, beginning of curves, end of curves, at points of reverse curves, angle points within the centerline and points of interest between the centerline and a tractor or parcel boundary. Monuments may also be found to control property corners at the back of walk, in walk, or on top of curb. Four ties are anticipated to be received from the City that includes lead, tack and tag number placed in the top of curb in the pre-construction survey. Pre-existing ties that a previous survey has set will also be used. Upon completion of construction, the City will inform the surveyor to reset any lost monuments in the post construction survey. When monument resets are complete, drafting will prepare the corner record to document the monument per the Surveyor’s Act Section 8771. It will identify what was found during pre-construction, what remains at post-construction, and what is set to show the post-construction condition. Upon drafting completion, the surveyor will process the corner record to the agency having jurisdiction for final review, signing, and filing. Review comments will be addressed by the surveyor. Final approved corner records will be delivered to the City for reference.

It is unknown how many centerline monuments will be researched and reset as part of the post-construction survey and preparation of the corner record. Should the quantity exceed 70 centerline monuments, an amendment will be prepared to authorize work prior to the work being performed.

Exhibit A-5

2 •
For street centerlines that are slated for monuments, the contractor is to deliver accurate and timely data in order for them to establish the new centerline monuments.

Anticipated Meetings:
• Coordination Meetings by Surveyor

Anticipated Deliverables:
• Recorded Corner Ties and Records

Task 2: Construction Bidding Support
Kimley-Horn will provide support during bidding phase of the work. Requests, questions, and answers will flow from the City.

It is anticipated that there will be no meetings for the civil design discipline during this task. If there are any addenda that requires a significant amount of time, the level of effort will be defined and approved by the City prior to the start of work. It is assumed that the City will handle the bidding process and a minimal effort is required from the civil design at this stage.

We have budgeted 30 hours for this effort. Should we exhaust our fee because of additional unanticipated work, or the bidding period extends beyond the anticipated period, an assessment will be made, and an amendment will be prepared prior to the commencement of the additional work.

Anticipated Meetings:
• Coordination Meetings (up to 3)

Anticipated Deliverables:
• Coordination and responses to RFIs, questions, and clarifications

Task 3: Construction Support
Kimley-Horn will provide Construction Support Services during the construction phase of the work. It is understood that the City will provide daily inspection services and will have direct daily interface with the Contractor. The City will provide the resident engineer (by others) who will interface with the Contractor. The City will provide construction management services for which Kimley-Horn will interface. The City will conduct construction coordination meetings and will process contract amendments and progress payments.

No work under this Task shall be performed by Kimley-Horn without specific authorization and direction from the City. We understand that the construction work is for up to 90 days. Should we exhaust our fee because of additional unanticipated work, or the construction period extends beyond the anticipated period, an assessment will be made, and an amendment will be prepared prior to the commencement of the additional work. Specific work of this Task includes:
• Assist City Project Manager in preparing RFI responses. • Provide design/technical clarifications. Perform engineering analysis, calculations, sketches, drawings, and technical resolutions as applicable.

3 •
• Review material Substitution Requests.
• Review material Submittals.
• Conduct site visits and field observations for up to 6 visits. Provide technical support to interpret field inquiries including differing site conditions.
• Review contractor mark ups.
• Prepare as-built drawings.
• Attend construction meetings to address design issues as requested by City. • Conduct final observation and sign off for final punch list work.

Site Visits / Field Observations
Construction site visits will be provided by the Design Team as directed by the City. Following each site visit, a field observation report will be prepared and distributed, noting the progress of the work and any observed deficiencies, which must be corrected by the Construction Contractor. We anticipate up to six (6) site visits for field observations to be conducted.

Construction Meetings
The Design Team will attend and participate in regularly scheduled construction coordination meetings in conjunction with the City and the Construction Contractor, as directed by the City. We assume that we will attend up to six (6) meetings with up to two (2) Kimley-Horn staff.

RFI Review
Kimley-Horn shall provide normal and reasonable interpretations and clarifications to the Construction Contractor, including responding to the Construction Manager’s or City representative’s previously reviewed and approved normal and reasonable Requests for Information (RFIs).

Submittal Review
Kimley-Horn shall review shop drawings and product/material submittals, which will include receiving, reviewing, and taking appropriate action on submittals made by the Construction Contractor including shop drawings, material samples, mix designs, product brochures and literature, and other submittals, as previously reviewed and approved by the Construction Manager or City representative.

As-Built Drawings
Kimley-Horn shall review contractor provided as-built drawings and markups. Kimley-Horn does not anticipate a large effort to prepare as-builts for the project. We assume that the redline mark ups by the Contractor are acceptable to the City.

Should the City want to have the as-builts in CAD, an additional work amendment will be prepared for the City to approve prior to the commencement of work. As the Engineer of Record, Kimley-Horn will not be held responsible for the accuracy or completeness of the drawing and will not be responsible for any errors or omissions which may be incorporated.

4 •
Punch List
The Design Team shall conduct punch walk and prepare punch list(s) prior to signing-off on the Certificate of Substantial Completion. The punch list(s) will identify work items which must be corrected or completed by the Construction Contractor.

The Design Team shall be accompanied by the Construction Manager and/or City representative, to concur with the validity of the items as the list develops during the walk-through.

Once the Construction Contractor has addressed all of the work items, the Design Team will field verify and issue a final punch list(s) to the City.

Assumptions and Exclusions
All assumptions and exclusions will be the same as those noted in the original contract. In addition, the following pass- through section shall be included as part of the overall contract.

PASS THROUGH FOR CONVENIENCE OF CLIENT

1. The task order with the client should provide: “Consultant is retaining Subconsultant to provide the services described herein solely for the administrative convenience of the Client. Client acknowledges that Consultant will not be reviewing the work product of Subconsultant and agrees that, notwithstanding anything to the contrary in the Consultants MSA terms with Client that this Task Order is subject to, Consultant shall not be liable for such work product of the Subconsultant in any way.

If the Client has any future claim related to these services, Client will pursue the claim against Subconsultant directly and hold harmless Consultant from any such claim.”

2. The subcontract should provide: “Consultant is retaining Subconsultant to provide the services described herein solely for the administrative convenience of the Client. Subconsultant acknowledges that Consultant will not be reviewing the work product of Subconsultant and will not be liable for it in any way. If the Client has any future claim related to these services, Subconsultant consents to Client pursuing Subconsultant directly regarding any such claim. If Subconsultant has any payment dispute regarding its services, it will pursue that claim directly against Client and not against Consultant.”

Fee Proposal
Kimley-Horn will complete the additional services as described in the scope of services for a lump sum fee as listed below:

TASK NO. TASK DESCRIPTION FEE
1 Final Survey Monumentation (up to 70 Centerline
Monuments)
$60,400
2 Construction Bidding Support $7,600
3 Construction Support $148,500
Other Direct Expenses $2,000
TOTAL COST $218,500

5 •
Closure
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,

KIMLEY-HORN AND ASSOCIATES, INC.

Sri Chakravarthy, P.E, T.E. Patrick Wong
Senior Vice President, RCE 73629 Senior Project Manager

City Council Agenda Report
April 15, 2025
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
Andrew Del Carpio, Assistant Engineer
SUBJECT: PROJECT NO. 7938 (PREVIOUSLY PROJECT NO. 7920) - AWARD OF

CONTRACT - CONSTRUCTION AND CONSTRUCTION SUPPORT SERVICES

AND CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR LOCAL STREETS REHABILITATION PROGRAM - ZONES 4 AND 31,
ENGINEER'S REPORT NO. 25-05
Background:

On December 16, 2024, staff solicited for construction bids for the Local Streets Rehabilitation Project No. 7938. The project area is located within City Pavement Management Zones 4 and

31. The project work scope involves improvements to Asphalt Concrete pavement, cross gutters, curb and gutters, Americans with Disabilities Act curb ramps, signing, striping, loop detector replacements, and traffic control.

On January 23, 2025, the City received seven bids. Below are the following results:

Rank Contractors Amount
1 Kalban, Inc. $ 4,828,729.59
2 All American Asphalt $ 5,159,819.00
3 Sully-Miller Contracting Company $ 5,354,354.32 4 Sequel Contractors, Inc. $ 5,374,729.90
5 R.J. Noble Company $ 5,687,271.34
6 Excel Paving Company $ 6,179,326.64
7 Hardy & Harper, Inc. $ 7,136,000.00

City Council April 15, 2025
Project No. 7938 – Award of Contract Page No. 2
1 2
8 8
The Engineer’s Estimate for the project is $6,045,194.00.

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, Kalban, Inc., based on their pricing and qualifications.

On February 7, 2025, the City advertised a Request For Proposal to acquire construction management and inspection services for the project. On March 10, 2025, the City received a total of 11 proposals with two of them being deemed non-responsive. Below are the list of firms:

Rank Firm
1 Southstar Engineering & Consulting, Inc.
2 Transtech Engineers
3 Onward Engineering
4 Ally Construction Services
5 Archico Design Build, Inc.
6 Fountainhead Consulting Corporation
7 LAE Associates, Inc.
8 SPECS Engineering Group
9 TKE Engineering, Inc.
10 Willdan Engineering
11 Z&K Consultants
Staff reviewed the proposals, evaluating accuracy, costs, experience, and references. As a result of review, staff recommend selecting Southstar Engineering & Consulting, Inc. to provide construction management and inspection services for this project.

Construction engineering support services will be provided by JMDiaz, Inc. (JMD), design engineer. Services provided are clarification/interpretation of construction documents; review and recommend approval of project required submittals; review and recommendations related to change orders; attend construction meetings (as needed); conduct a final site visit with the project team to verify completion of the work.

To date, one contract amendment to the JMD Agreement was issued to provide additional scope of work including additional design and supplemental design revisions subsequent to city pavement value engineering efforts. With the requested contract Amendment No. 2, the total contract value increases to $918,171.00 as shown below:

JMD Professional Services Agreement $ 754,350.00 PSA Amendment 1 $ 34,581.00
PSA Amendment 2 $ 137,042.00
Total Contract Amount $ 925,973.00
The following is an estimated cost breakdown of the estimated total project costs:

City Council April 15, 2025
Project No. 7938 – Award of Contract Page No. 3
1 2
8 8
Construction Cost: $ 4,828,729.59
Contingency (15%): $ 724,309.44
CM & Insp. Services: $ 468,648.63
Design Support: $ 137,042.00
Total Estimated Cost: $ 6,158,729.66
From the award date, the estimated start date is May 2025, and the project has 90 working days to complete from issuance of the Notice to Proceed.

Fiscal Impact:

Project expenditures are funded through Fiscal Year 2024/25 approved/available California Senate Bill 1 Road Maintenance Rehabilitation Account and City Street Renovation Funds. No General Fund Monies are used for this project.

Citizens Advised:

N/A.

Strategic Plan 2023 Implementation:

Recommended Action:

Attachments:

1. Location Map

2. Contract Amendment No. 2

Attachment 1
Zone 4

Zone 31INDICATES STREETS TO BE REPAVED

Attachment 2

SECOND AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES
This Second Amendment to the Agreement for Professional Services (“Second Amendment”) is entered into as of _____________, 2025 and is to that certain Agreement by and between the City of Norwalk, a California municipal corporation (“City”) and JMDiaz, Inc., a California corporation (“Consultant”) herein referred to individually as a (“Party”) or collectively as (“Parties”) dated January 2, 2024 (“Agreement”).

RECITALS
A. On January 2, 2024, the Parties entered into the Agreement for Professional services to provide on call professional engineering services, including design and support services for Project No. 7934 (Zone 7) and Project No. 7920 (Zones 4 and 31), which was approved by the City Council on December 5, 2023.

B. On August 21, 2024, the Parties entered into a First Amendment to the Original Agreement for Professional Services to increase the maximum compensation and add additional services for City Project No. 7938 (previously City Project No. 7920).

C. Pursuant to Sections 3.3 and 21 of the Agreement, the Parties desire to amend the Agreement to increase Project No. 7938 maximum compensation by Ninety Three Thousand Six Hundred Ninety Two Dollars ($93,692.00) and Project No. 7934 maximum compensation by Thirty Five Thousand Five Hundred Forty Eight Dollars ($35,548.00) in accordance with the fee schedule attached hereto as Exhibit B-1 and add additional services in accordance with Consultant’s proposal attached hereto as Exhibit A-1. Exhibits A-1 and B-1 are hereby incorporated by reference into the Agreement.

Now, therefore, and for good consideration, the Parties agree to modify the Agreement as follows:

Section 1. The “Services” included under Exhibit A of the Agreement are hereby supplemented to include the additional services more particularly described in Exhibit A- 1 to this First Amendment.

Section 2. Section 3.1 of the Agreement is hereby amended to increase the “maximum compensation under the Agreement to an amount not-to-exceed Seven Hundred Eighty-Eight Thousand Nine Hundred Thirty-One Dollars ($788,931.00) based on the rates set forth in Exhibit B-1 to this First Amendment. In no event shall the Consultant be paid more than the maximum compensation (which includes expenses and additional services, if any) during the term of this Agreement.

Section 3. Except as amended by this First Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control.

[Signatures to follow]
The Parties, through their respective authorized representatives, are signing this First Amendment on the date stated in the introductory clause.

CITY OF NORWALK JMDIAZ, INC.
a California corporation
By: ___
Jesus M. Gomez, City Manager By:

Name:

Title:ATTEST:

By: ___
Theresa Devoy, CMC, City Clerk
By:

Name:

Title:

APPROVED AS TO FORM:
(Please note, two signatures required
for corporations under Cal. Corp. Code,
§ 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the
By: ___
Arnold M. Alvarez-Glasman,
City Attorney corporation.)

Page 2 of 2 ends

Exhibit A-1
July 15, 2024
Ma rio Me ra
Engineering Divis ion Manager
City of Norwalk
Public Services De pa rtme nt – Engineering Divis ion
12700 Norwalk Boulevard
Norwa lk, CA 90650 2023.1112.0101.01
Subject: Pre-Qualified On-Call Professional Engineering Services Proposal to Provide Des ign Services, Project No. 7920
Lakeland Road Pavement Rehabilitation, City of Norwa lk, CA Dear Mr. Mera:

JMD is pleased to submit this proposal to provide on-call professional engineering s ervices for engineering design s ervices to the City of Norwalk. Our proposal will remain e ffe ctive for 90 days from the date of this letter.

Our scope of services described below has been tailored to meet the requirements received via your ema il message dated July 2, 2024, and includes a brief description of our proposed project team, scope of services, fee and schedule.

Background
The City of Norwalk (City) staff is requesting a proposal for pavement rehabilitation improvements along Lakela nd Road from Pioneer Boulevard to Ka lnor Ave nue. The City previously requested pavement cores and a data report from J M D ’ s sub-consultant Ge o-Adva nte c, Inc. (GAI). Upon receipt of the data report, City staff is requesting additional design s ervices.

Scope of Services
JMD will perform the scope of s ervices tasks requested in the subject engineering services request. Based our understanding of the project area, JMD will also include the following assumptions:
•
•
•
•
Des ign work for Lakeland Road will be performed concurrently with Zone 4.

Concrete design is not included, asphalt pavement rehabilitation only.

Survey is not included
Utility coordina tion is not included
18645 E. Gale Ave nue , Suite 212, City of Industry, CA 91748-1363 (626) 820-1137 Tel ● (626) 820-1136 Fax
www.jmdiaz.com

Mr. Ma rio Me ra
July 15, 2024

Page 2 ends

Fee*
JMD will perform the Scope of Services as s hown in our fee schedule and summarized below for the following amounts on a lump sum basis by task as follows :

Des ign:

Lakela nd Road $ 14,452.00
TOTAL $ 14,452.00
* The above e s timate includes labor, overhead and related direct costs and developed with the assumptions lis te d be low.

As s umptions
 Des ign work for Lakeland Road will be performed concurrently with Zone 4.  Concrete design is not included, asphalt pavement rehabilitation only.  Includes monument restoration up to 5 total.
 Doe s not include survey, geotechnical inves tigation or utility outreach.

Schedule
Once given a Notice to Proceed, JMD will perform the design work concurrently with the adjacent Zone 4 project.

If this proposal is acceptable to you, please s ign below and return one signed original to me.

W e are pleased to provide these s ervices to the City of Norwa lk and look forward to your favorable reply. Should you have any questions, please contact me at (626) 820-1137 ext. 1101, or via email at [email protected].

Sincerely, Agreed by,
J MDia z, Inc. City of Norwa lk
__________________________________
Na me Da te
President/CEO
IS/s t
M:\2023.1112.0101.00\p-0101jmd_7934.doc

Fee Proposal
a-cEngineering Des ign Services for Project No. 7934, Local Streets Rehabilitiation Program- Lakeland RoadCity of Norwa
lkSubmitted by:

JMDJuly 15,
2024
J.Diaz I.Salvatierr
a
D.Solank
i
S.Itagaki L.Castaneda
G.Figueroa
D.Dardoo
n
C.Lee J.Felix D.Hosse
iPIC/
QA/QC
MGR

SR PROJ
ENG
SR
TRAFFI
C
ENG

PROJECT
MANAGE
R
$205
PROJ
ENG
$146
PROJ
ENG
$146
SR

DESIGNE
R
$106
DESIGN
ENG II
$93

DESCRIPTIO
N
CIVIL
$146

CLERICA
L
INTERN
TASK $245 $208 $66 $60

PRELIMINARY
ENGINEERING0 Project Administration, Coordination and Meetings (assumes 4 meetings)b
Field Review (1 day)
0 0
0 0
0 0
2 0
0 0
0 0
0 0
0 0
0 0
0 0
4 0
0 0
0 0
0 0
0 0
0 0
4 0
0 0
0 0
4 0
0 0
0 2
0 0
0 0
0 0
0 0
0 0
0 4
14 0
$0
$250
$0
$542 *
Deliveries/Mileage/Reproduction1.0

2.0 3.0

4.1 4.2
2 0
0 2
0 $2,040 *
Deliveries/Mileage/ReproductionResearch/Data
Collection
$0
$0Survey/Right of Way (Includes Field Survey and
Monument Preservation)
Geotechnical Engineer Analsyis/Report
0 $0
2 $0 $410
$0Environmental
Documentation
0 $0

DESIGN DEVELOPMENT
(PS&E)5.1

5.2 Utilities
Coordination
Design Plans
(65%)
0 1
0 0
0 0
0 0
0 0
0 1
0 0
0 1
0 0
0 1
0 0
0 8
0 0
0 0
0 0
0 0
0 8
0 0
2 2
2 2
0 1
0 2
0 4
0 0
0 0
0 0
0 0
0 4
0 0
1 1
1 1
0 2
0 0
0 2
0 0
0 0
0 0
0 0
0 2
0 0
0 0
0 2
0 1
0 0
0 17
0 0
5 0
0 0
0 0
0 0
0 0
5 0
0 1
2 2
0 0
1 0
0 0
8 0
0 0
0 0
0 0
0 0
8 0
0 0
4 4
0 0
1 0
0 0
10 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 8
0 0
0 0
0 0
0 0
0 8
0 0
2 2
2 2
0 0
0 0
0 63
0 $0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$8,355
$05.2.1A Phase A Concrete
Work
Title Sheet
0 0 0 $0
Concrete Improvement
Summary Table
0 0 0 $0
Curb and Gutter Detail
Plans
Curb Ramp Detail Plans
Cross Gutter Detail Plans
Concrete Alley Plans and
Profiles
Utility Plans
0 0 0 $0
0 0 0 $0
0 0 0 $0
0 0 0 $0
0 0 0 $0
Right of Way
Plans
0 0 0 $0

5.2.1B Phase B Asphalt
Work
17 0
10 0
63 0
$8,355
$0Title
SheetDemolition/Removal
Plans
0 0 0 $0
Typical
Sections
1 0 7 $968
$2,805
$2,746
$1,836
$0
Roadway Paving
Plans
8 0 20
21 15
0 Quanties Summary
Table
8 2
Signing and Striping
Plans
0 8

5.2.2A Construction Bid Items and Cost
Estimate - Phase A

5.2.2B Construction Bid Items and Cost
Estimate - Phase B

5.2.3A Specifications and Special Provisions -
Phase A

5.2.3B Specifications and Special Provisions -
Phase B
90% PS&E
0 0
2 2 11
0 $1,680
$00 0
2 0 4 $702

5.2.4 Address 65% Comments and Prepare 90%
PS&E Submittal
100% PS&E
0 0
0 1
0 1
0 0
0 1
0 0
0 1
0 0
0 0
0 2
0 6
$0
$0
$0

5.2.5 Address 90% Comments and Prepare 100%
PS&E Submittal

ADVERTISING AND BIDDING ASSISTANCE

6.1.1 Attend Pre-Bid Meeting
$723
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
$0
$0
$0
$0
$0
$0
$0
$0

6.1.2 Respond to Bidders'
Questions

6.1.3 Addenda Preparation (if
needed)

6.1.4 Assist with Bid EvaluationDESIGN SUPPORT DURING CONSTRUCTION

6.2.1 Attend Pre-Construction Meeting

6.2.2 Attend Construction Meetings (4
meetings max)

6.2.3 Respond to RFIs, RFCs and Review
Change Orders

6.2.4 Review Shop Drawings
0 0
0 0
0 0
3 0
0 0
0 0
0 0
0 0
0 0
0 0
0 5
0 0
0 0
0 0
0 0
6 0
0 0
0 0
0 0
0 0
0 0
0 0
0 2
0 0
0 0
$0
$0
$0
$0
$0
$0
$0
$0
0 0 0 0 0 $0
0 0 0 0 0 $0

6.2.5 Prepare and Submit As-Built Plans

6.2.6 Monument Restoration (Assumes 5
locations)

TOTAL ESTIMATED LABOR HOURS

TOTAL ESTIMATED DESIGN COST (WITHOUT

OPTIONS)

TOTAL ESTIMATED DESIGN COST (OPTIONS
ONLY)
0 0 0 0 0 $0
0 0 0 0 0 $0
26 11 26 14 16 10 104 $250
$14,452.0
0 Notes:
a Design work for Lakeland Road will be performed
concurrently with Zone 4.
b Concrete design is not included, asphalt pavement
rehabilitation only.
c Does not include survey, geotechnical investigation or utility outreach.

Exhibit B-
1 Fee Proposal
a-dEngineering Des ign Services for Project No . 7938, Local Streets Rehabilitiation Program- Zone 4City of Norwa
lkSubmitted by:

JMDFebruary 19,
2025
J.Diaz I.Salvatierr
a
D.Solanki S.Itagaki L.Castaneda G.Figueroa
D.Dardoon
C.Lee J.Felix D.Hosseini
PIC/
QA/QC
MGR

SR SR SR

TRAFFIC
ENG
TOTAL
LABOR
HOURS

PROJECT

MANAGER
$205
CIVIL
ENG
$146
PROJ
ENG
$146
PROJ
ENG
$146
SR

DESIGNER
$106
DESIGN
ENG II
$93
DIRECT
COSTS*
TOTAL

COSTS REMARKSDESCRIPTIO
N

CLERICAL INTERN
TASK $245 $208 $66 $60

DESIGN SUPPORT DURING

CONSTRUCTION

6.2.1 Attend Pre-Construction
Meeting
0 0
0 0
1 1
2 6 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
4 6
4 0
0 0
4 8
0 4
0 8
0 0
0 0
0 0
0 0
0 0
10 20
30 22
39 3
$0
$0
$0
$0
$0
$1,494

6.2.2 Attend Construction Meetings (8
meetings max)

6.2.3 Respond to RFIs, RFCs and Review
Change Orders

6.2.4 Review Shop Drawings
16 16
14 6
$3,704
$4,444
$3,666
$4,7636.2.5 Prepare and Submit As-Built Plans

6.2.6 Monument Restoration (Assumes 25
locations)

TOTAL ESTIMATED LABOR HOURS
24 02 $25,000 $25,655 * Monument Restoration
by FHA60 38 12 12 124 $ 25,000.00

TOTAL ESTIMATED DESIGN
COST
$43,726.00
Notes:
a Rates are subject to a 5% annual increase on January 1. b Assumes four (10) meetings for the entire project.
c Includes design support during construction only.
d Concrete and asphalt construction will occur sequentially without gaps in time.

a-dFee
ProposalEngineering Des ign Services for Project No . 7934, Local Streets Rehabilitiation Program- Zone 7City of Norwa
lkSubmitted by:

JMDFebruary 19,
2025
J.Diaz I.Salvatierr
a
D.Solanki S.Itagaki L.Castaneda G.Figueroa
D.Dardoon
C.Lee J.Felix D.Hosseini
PIC/
QA/QC
MGR

SR SR SR

TRAFFIC
ENG
TOTAL
LABOR
HOURS

PROJECT

MANAGER
$205
CIVIL
ENG
$146
PROJ
ENG
$146
PROJ
ENG
$146
SR

DESIGNER
$106
DESIGN
ENG II
$93
DIRECT
COSTS*
TOTAL

COSTS REMARKSDESCRIPTIO
N

CLERICAL INTERN
TASK $245 $208 $66 $60

DESIGN SUPPORT DURING

CONSTRUCTION

6.2.1 Attend Pre-Construction
Meeting
0 0
0 0
1 1
2 2 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
2 4
2 0
0 0
2 4
0 6
2 0
4 0
0 0
6 0
0 0
0 0
0 0
4 10
16 12
25 3
$0
$0
$0
$0
$0
$542

6.2.2 Attend Construction Meetings (4
meetings max)

6.2.3 Respond to RFIs, RFCs and Review
Change Orders

6.2.4 Review Shop Drawings
8 8
$1,852
$2,328
$2,038
$3,133
8 6.2.5 Prepare and Submit As-Built Plans

6.2.6 Monument Restoration (Assumes 25
locations)

TOTAL ESTIMATED LABOR HOURS
4 16
02 $25,000 $25,655 * Monument Restoration
by FHA32 24 70 $ 25,000.00

TOTAL ESTIMATED DESIGN
COST
$35,548.00
Notes:
a Rates are subject to a 5% annual increase on January 1. b Assumes four (6) meetings for the entire project.
c Includes design support during construction only.
d Concrete and asphalt construction will occur sequentially without gaps in time.

a-dFee
ProposalEngineering Des ign Services for Project No . 7938, Local Streets Rehabilitiation Program- Zone 31City of Norwa
lkSubmitted by:

JMDFebruary 19,
2025
J.Diaz I.Salvatierr
a
D.Solanki S.Itagaki L.Castaneda G.Figueroa
D.Dardoon
C.Lee J.Felix D.Hosseini
PIC/
QA/QC
MGR

SR SR SR

TRAFFIC
ENG
TOTAL
LABOR
HOURS

PROJECT

MANAGER
$205
CIVIL
ENG
$146
PROJ
ENG
$146
PROJ
ENG
$146
SR

DESIGNER
$106
DESIGN
ENG II
$93
DIRECT
COSTS*
TOTAL

COSTS REMARKSDESCRIPTIO
N

CLERICAL INTERN
TASK $245 $208 $66 $60

DESIGN SUPPORT DURING

CONSTRUCTION

6.2.1 Attend Pre-Construction
Meeting
0 0
0 0
1 1
2 6 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
4 6
4 0
0 0
4 8
0 4
0 8
0 0
0 0
0 0
0 0
0 0
10 20
30 20
39 3
$0
$0
$0
$0
$0
$1,494

6.2.2 Attend Construction Meetings (8
meetings max)

6.2.3 Respond to RFIs, RFCs and Review
Change Orders

6.2.4 Review Shop Drawings
16 16
12 6
$3,704
$4,444
$3,256
$4,7636.2.5 Prepare and Submit As-Built Plans

6.2.6 Monument Restoration (Assumes 25
locations)

TOTAL ESTIMATED LABOR HOURS
24 02 $25,000 $25,655 * Monument Restoration
by FHA58 38 12 12 122 $ 25,000.00

TOTAL ESTIMATED DESIGN
COST
$43,316.00
Notes:
a Rates are subject to a 5% annual increase on January 1. b Assumes four (10) meetings for the entire project.
c Includes design support during construction only.
d Concrete and asphalt construction will occur sequentially without gaps in time.

City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Glen W.C. Kau, P.E., Director of Public Services/City Engineer Jacque Koontz, P.E., Senior Civil Engineer
Julio Gonzalez, Associate Engineer
Michael Jea, Associate Engineer
SUBJECT: RESOLUTION NO. 25-14 BUDGET AMENDMENT AND AWARD OF CONTRACT FOR PUBLIC WORKS CONSTRUCTION – PROJECT NO. 7606,

STORM DRAIN REPLACEMENT FOR POTTER STREET
Background:

On February 24, 2025, City staff advertised a Notice Inviting Bids for City Project No. 7606, Potter Street Storm Drain Replacement (Project No. 7606). Project No. 7606 will affect replacement and realignment of the existing section of storm drain and catch basins located within Potter Street. In addition, a section of storm drain located within a City owned easement on a privately owned property at 11701 Potter Street. The project will replace the damaged pipe and storm drain components, improve the hydraulics and conveyance of captured stormwater at this location.

Project work scope includes removal, realignment, and replacement/restoration of the existing City owned storm drain; new catch basins; pavement restoration; and sidewalks and gutters.

Other supporting project work includes for demolition; removal and restoration of decorative pavers; concrete flat work; planters/landscaped areas; restoration storm drain connection to Los Angeles County Flood Control District system trunk main. Construction is estimated to start in May 2025 and take approximately 90 working days to complete.

On March 24, 2025, the City received 10 bids via the City’s online bid portal, PlanetBids. See rankings in graph on following page:

City Council April 15, 2025
Project No. 7606 – SD Replacement for Potter Street
Award Construction Contract and Resolution No. 25-14
Budget Amendment
Page No. 2
1 3
0 7
Ranking Contractors Bid Amount
1 Wright Construction Engineering $198,075
2 J&E Construction Corporation $214,399
3 Bali Construction, Inc $250,621
4 Kordich construction $258,830
5 GCI Construction, Inc. $269,495
6 Ramona Inc. $273,090
7 KEC Engineering $300,310
8 Stephen Doreck Equipment Rentals, Inc $300,475
9 ISSA Electric, Inc. $304,980
10 GRBCON Incorporation $324,503
The Engineer’s Estimate for Project No. 7606 is $180,000 - $230,000.

Staff reviewed the bids evaluating accuracy, costs, experience, and work on similar size/type of projects, and references. As a result, staff recommend awarding a public works construction contract to the lowest responsive, responsible bidder, Wright Construction Engineering, based on their submitted bid and qualifications.

The following is a breakdown of Project No. 7606 estimated total costs:

Construction Cost: $198,075
Contingency (10%): $19,808
Construction Management & Inspection (10%): $19,808 City Staff Time & Administration (4%) $7,923
Total Estimated Cost: $245,614
City Council April 15, 2025
Project No. 7606 – SD Replacement for Potter Street
Award Construction Contract and Resolution No. 25-14
Budget Amendment
Page No. 3
1 3
0 7
Fiscal Impact:

The approved Fiscal Year (FY) 2024/25 Capital Improvements Projects (CIP) Budget does not have adequate funding for Project No. 7606. Measure W funds have been identified as an available funding source to allocate towards this project.

City staff recommend amending the FY 2024/25 CIP Budget to allocate Measure W funding in the amount of $250,000 for Project No. 7606.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council:
a. adopt Resolution No. 25-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25

ADOPTED CAPITAL IMPROVEMENT PROJECTS BUDGET TO APPROPRIATE AVAILABLE MEASURE W FUNDING TOWARDS CITY PROJECT NO. 7606 STORM DRAIN REPLACEMENT FOR POTTER STREET, in the amount of $250,000; and b. award a contract to Wright Construction Engineering in the amount of $198,075 for City Project No. 7606, Potter Street Storm Drain replacement; and authorize the City Manager or his designee to execute the contract and any amendments provided there is funding in the budget, on behalf of the City, in a form approved by the City Attorney.

Attachments:

1. Resolution 25-14

2. Project Location Map
4 0
3 6
RESOLUTION NO. 25-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25

ADOPTED BUDGET TO APPROPRIATE AVAILABLE MEASURE W
FUNDING TOWARDS CITY PROJECT NO. 7606 STORM DRAIN

REPAIRS FOR POTTER STREET
WHEREAS, existing City owned segments of storm drain pipe and catch basins located within Potter Street and within a City owned easement on a privately owned property at 11701 are in need of repairs; and
WHEREAS, City Project No. 7606 Potter Street Storm Drain Repairs (Project No. 7606) will affect the necessary repairs to existing damaged components of the storm drain system and improve upon the hydraulics and drainage of stormwater captured at this location; and
WHEREAS, the scope of work for Project No. 7606 includes removal, realignment, and replacement/restoration of existing City owned storm drain, catch basins, paving, sidewalks and gutters, decorative pavers, concrete, planters and landscaped areas, and the existing storm drain connection to the Los Angeles County Flood Control District stormwater truck main; and
WHEREAS, the approved Fiscal Year (FY) 2024/25 Capital Improvements Projects (CIP) Budget does not include adequate funding to cover the costs for Project No. 7606; and
WHEREAS, Measure W funds are identified as an available funding source for Project No. 7606; and
WHEREAS, City Council desires to amend the FY 2024/25 CIP Budget to allocate Measure W funding in the amount of $250,000 for Project No. 7606.

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 appropriations and prepare the necessary budget amendments for the following accounts:

Account Number Increase Decrease
Expenditures: 230-70-7606-2080 $250,000
Fund Balance: 230-0480 $250,000
Section 2. The Mayor, or presiding officer, is hereby authorized to affix his 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.

Attachment 1
4 0
3 6
APPROVED AND ADOPTED on this 15th day of April 2025.

TONY AYALA
MAYOR
ATTEST:

THERESA DEVOY, CMC

CITY CLERK
Resolution No. 25-14 Page 2 of 2

City Council Agenda Report
April 15, 2025
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, P.E., PMP, Principal Civil Engineer
SUBJECT: AMENDMENT NO. 1 FOR HERMOSILLO PARK DESIGN BUILD – PROJECT NOS. 7359 AND 7607, ENGINEER’S REPORT 25-07
Background:

On January 16, 2024 the City approved a Design Build Agreement for the Hermosillo Park Project. City Parks and Recreation staff in collaboration with Public Services Engineering staff recommended solicitation and procurement of design and construction of the project using progressive design build (PDB) to avoid delaying the project schedule and resolve construction phasing constraints.

PDB is a variation of the Design-Build method, allowing project owners to advertise the request for qualifications (RFQs) from potential Design-Build Entities earlier in the procurement process with preliminary design and less defined project scope. Utilizing PDB, project owners can enter into contract with Design-Build entities on a shorter timeline, reduce procurement cost, and encourage higher degree of collaboration between project stakeholders resulting in a more transparent risk allocation between owner, designers, and builders.

The design build agreement for the Hermosillo Park Project was executed on March 12, 2024, and a project initiation meeting to kick off the project was held on the same day. The design build team provided 35% design on August 19, 2024 with a preliminary construction cost estimate that exceeded the project budget. City staff and the design build contractor, Reyes Construction met on several occasions to reduce the cost of the project through maximizing efficiencies and scope reduction without impacting the core nature of the project. Reyes Construction provided a 65% design on November 26, 2024 and a revised Guaranteed Maximum Price (GMP) for the project on December 30, 2024. The GMP projected a funding gap of 43% for the project.

City Council April 15, 2025
Project Nos. 7359 and 7607 - Amendment No. 1 to Hermosillo Park Design Build
Page No. 2
1 3
1 1
City staff submitted requests to the funding agencies to allocate additional funds to complete the Hermosillo Project. On March 11, 2025, the Lower San Gabriel River Watershed Area Steering Committee approved additional $9.9 million Measure W funding to be included in its 2025/26 Stormwater Investment Plan recommendations to the Safe Clean Water Program Regional Oversight Committee and Los Angeles County Board of Supervisors. Additionally, City Parks and Recreation staff is engaging with the California Department of State Parks and Los Angeles County to secure additional Proposition 68 and Measure A funding for the Hermosillo Park Project.

From the start of the project to date, $2,011,000 of the $2,660,668 budget for design was expended to develop 65% design. In order to maintain the current project schedule, staff recommend authorizing the Design Build Contractor Amendment No. 1 proposal for 100% design for $1,114,943. Staff will return to City Council for authorization of the Guaranteed Maximum Price to initiate project construction following Los Angeles County Board of Supervisor’s approval of Measure W funding.

Fiscal Impact:

There is no cost implication of this item. Current budget is funded with existing Measure W, Proposition 68, Measure A and Park Renovation Fund.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goal 2: Work in partnership with all of our communities to achieve safe and livable neighborhoods.

Recommended Action:

Staff recommends City Council approve Amendment No. 1 to the Design Build Agreement with Reyes Construction in the amount of $1,114,943 for completion of design of Project Nos. 7359 and 7607, Hermosillo Park Project; and authorize the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney.

Attachments:

1. Cost Proposal

2. Levine Act Statement

PHASE 2/3 FEE
Project
Manager Engineer Estimator Estimator Superintendent
Project Chief RCI Labor
Subtotal
($)
Designer FeesTotal
HoursTask $ 186.00 $ 137.00 $ 201.00 $ 141.00 $ 206.00 Willdan GHD Total Fee (Inc. Markup) 2,742.60

1. Project Administration and Coordination
Kickoff Meeting
Coordination (Project Management)
Monthly Meetings
0 $ - $
$
$
$
$
$
2,324.00
20,650.00
$
$
$
288.00
41,887.00
23,136.00
$
$
$
$
$
$
256
40 256 $ 47,616.00
80 $ 12,920.00
119,946.09
52,612.80
16,027.20
68,491.20
259,819.89
40 12,944.00
15,264.00
1,824.00
Design QA/QC 0 $ -
Constructability Reviews 80 80 80 80 320 $ 58,400.00
Project Administration and Coordination SUBTOTAL: 376 120 80 0 80 656 $ 118,936.00 53,006.00 $ 65,311.00

2. Data Collection and Field Surveys
Utility Research and Coordination
Utility Notices (Up to 3 per Agency)
DigAlert/USA Markout/Notifications
Site Reconnaissance
0 $
0 $
0 $
0 $
0 $
-
-
-
-
-
$
$
1,360.00
1,336.00
$
$
$
$
$
1,428.00
2,417.10
-
$ 966.00
$ 5,026.00
7,722.00
5,277.30
9,122.40Data Collection and Field Surveys SUBTOTAL: 0
0 0
0 0
0 0
0 0
0 $ $ 966.00

3. Civil Engineering
Civil General $
$
$
$
-
-Review Preliminary Design Report
As-Built Drawing Coordination Horizontal and Vertical Control Plan Civil Engineering SUBTOTAL:
0 $
0 $
0 $
-
-
-
$ 947.00
947.00
994.35
994.35$ $
$
-
-

4. Geotechnical Report Including Agronomic Soil Analysis Review Preliminary Infiltration Investigation Report 0 $ 0 $
0 $
0 $
0 $
-
-
-
-
-
$
$
$
$
$
-
-
-
-
-
Underground Utilities Survey
Geotechnical Report (Including Agronomic Soil Analysis) Water Quality Sampling/Testing (Groundwater, If Required) Geotechnical Report Including Agronomic Soil Analysis SUBTOTAL: 0 0 0 0 0 $ -

5. Landscape/Architectural
Understand applicable laws and codes
Public Services and Recreation and Park Services Dept Meetings (up to 2)/Coordination Site Visits (up to 2)
0 $
0 $
0 $
0 $
0 $
-
-
-
-
-
$
$
$
$
$
-
-
-
-
-
Budget Estimates (Park Improvements)
Landscape/Architectural SUBTOTAL: 0
0 0
0 0
0 0
0 0
0 $
$
-
-
$
$
-
-

6. Engineering Survey
Topographical Design Survey
Engineering Survey SUBTOTAL:
0 $
0 $
- $ -
- $ -

7. Utility Document, ROW, and Utility Research
Assess if additional research is required
GPR Investigation
0 $
0 $
0 $
0 $
0 $
-
-
-
-
-
$
$
$
$
$
-
-
-
-
-
Utility Potholing
Utility Investigation Report
Utility Document, ROW, and Utility Research SUBTOTAL: 0 0 0 0 0 $ - $ -

8. Environmental Documentation
Support City preparation of MND pursuant to CEQA
Review Preliminary Design Report
8 8 $
0 $
1,488.00
-
$
$
1,696.32
3,465.00$ 3,300.00

Hydrologic and Hydraulic Analyses 0 $
8 $
-
1,488.00
$ -
5,161.32Environmental Documentation SUBTOTAL: 8 0 0 0 0 $ 3,300.00 $ - $

9. Plans, Specifications and Engineer's Estimates
Construction Plans
Title Sheet
Plan Sheets
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
0 $
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
771.00
25,703.00
410.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
809.55
26,988.15
430.50General Notes Sheet
Accessibility/ADA Detail -
Survey (Horizontal/Vertical) Control Plan
Site Plan-Above Ground Features
Site Utility Plan
$
$
$
$
$
$
1,086.00
1,462.00
3,160.00
1,324.00
7,722.00
7,070.00
1,140.30
1,535.10
3,318.00
1,390.20
8,108.10
7,423.50
-
Demolition Plan
Grading, Erosion, and On-Site Drainage Plan
Water Quality Management Plan
Water Quality Control Drawings/BMPs
Park Monument Signage $
$
$
$
$
$
$
4,124.00
14,226.00
27,442.00
35,270.00
3,982.00
476.00
4,330.20
14,937.30
28,814.10
37,033.50
4,181.10
499.80
Landscape Design Development Plan
Sports Courts, Splash Pad, Site Amenities & Playground Plan Landscape (Irrigation and Planting) Plan
Signing, Striping Plans
Restroom Plan
Community Center Architectural Plans
Structural Engineering (Community Center Building - Phase 2) Structural Plan
4,584.00 $
$
116,711.00
18,949.00
127,359.75
19,896.45
476.70$ 454.00
Stormwater Structural Plans $ 13,817.00 14,507.85
11,970.00
476.70
Park Site Electrical Plans $
$
11,400.00
454.00Plumbing Plan
Stormwater Electrical Plans $
$
$
24,520.00
64,328.00
238,325.00
25,746.00
68,021.10
409,393.95
Stormwater Civil/Mechanical Plans
Construction Plans SUBTOTAL:
$ 454.00
151,574.000 0 0 0 0 $
Design Analyses
Hydrologic and Hydraulic Analyses
Stormwater Capture and WQ analysis
Support analysis WMMS2 and SUSTAIN
0 $
0 $
0 $
0 $
0 $
0 $
0 $
-
-
-
-
-
-
-
$
$
$
$
$
$
$
-
-
-
-
-
-
-
Water Conservation Analysis/Annual Recharge Volume
Review SD Systems and assess flooding areas
Review City facilities near reservoir and assess project's impact Design Analysis SUBTOTAL: 0 0 0 0 0 $ - $ -
Permitting Requirements
Temp Traffic Control Plans (Utility Potholing, Geotechnical Investigation, etc.) 4 4 8
8 12 $
12 $
12 $
12 $
36 $
1,840.00
1,840.00
1,840.00
1,840.00
7,360.00
$
$
$
$
$
2,097.60
18,122.70
24,799.65
22,232.40
67,252.35
SCE Permit
LACounty Flood Control Permit(s)
City Permit(s)
$
$
$
$
1,443.00
1,719.00
1,443.00
4,605.00
$
$
$
$
13,819.00
19,902.00
17,733.00
51,454.00
4 8
4 8
Permitting Requirements SUBTOTAL: 16 32 0
0 0
0 0
0 Presentations/Community Outreach
Miscellaneous Presentations CC, SCW, etc. (up to 4 meetings) Community Outreach Plan and Meetings
16 16
32 16
16 32
32 $
32 $
5,168.00
5,168.00
$
$
$
5,891.52
78,037.02
83,928.54
$ 2,592.00 $ 66,118.00
Presentations/Community Outreach SUBTOTAL: 64 $ 10,336.00 $ 2,592.00 $ 66,118.00

Engineering Cost Estimates
35% Estimate
65% Estimate
90% Estimate
0 $
0 $
0 $
0 $
0 $
-
-
-
-
-
$
$
$
$
$
-
-
$
$
$
10,330.00
5,673.00
16,003.00
10,846.50
5,956.65
16,803.15
100% Estimate
Estimates SUBTOTAL: 0 0 0 0 0 $ -
Specifications
Civil Spec/Detail
Accessibility Spec/ADA Detail
0 $
0 $
- $
$
$
$
934.00
153.00
502.00
$
$
$
$
$
$
$
$
$
980.70
160.65
527.10
-
Parking Lot Spec/Detail 0 $ -
Sports Courts, Splash Pad, Site Amenities & Playground Specs Community Center Building Specs
65% Specifications
0 $
0 $
- 1,190.00 1,249.50
9,641.10
-
-
-
$ 9,182.00
0 $
90% Specifications 40
40 80
40 $
40 $
7,440.00
7,440.00
$
$
$
17,222.00
8,201.00
28,202.00
$
$
$
13,000.00
4,430.00
26,612.00
40,214.70
21,744.15
74,517.90
100% Specifications
Specifications SUBTOTAL: 0 0 0 0 80 $ 14,880.00
Submittals
15% Concept Design Submittal
35% Design Development Submittal
65% Design Development Submittal
95% Design Submittal
0 $
0 $
-
-
$
$
$
$
$
$
$
$
$
-
-
0 $ - -
8 8
8 8
16 $
16 $
16 $
16 $
2,584.00
2,584.00
2,584.00
2,584.00
$
$
$
$
$
$
5,424.00
5,424.00
8,640.96
8,640.96
45,901.26
21,203.16
84,386.34
736,282.23
100% (Final) Design Submittal
O&M Manuals 8 8 40,910.00
17,388.00
69,146.00
451,655.00
Post Construction Monitoring Plan
Submittals SUBTOTAL:
8 8
32 160
32 96
0 0
0 0
0 0
64 $ 10,336.00
244 $ 42,912.00
$
$
-
202,976.00Plans, Specifications and Engineer's Estimate SUBTOTAL:

Construction Cost Estimates
15% Concept Design
35% Design Development
65% Design Development
Prepare GMP for Phase 2 & 3
90% Estimate
0 $
0 $
0 $
0 $
-
-
-
-
$
$
$
$
$
$
$
-
-
-
-
16 16
32 40
40 80
40 40
80 40
40 80
136 $ 22,136.00
136 $ 22,136.00
272 $ 44,272.00
25,235.04
25,235.04
50,470.08
100% (Final) Estimate
Cost Estimates SUBTOTAL: 0 $
$
- $
$
-
TOTAL: 576 296 160 80 80 1180 $ 207,608.00 267,951.00 517,932.00 $ 1,061,850.27 Contingency (5%): $
PHASE 2/3 Design Services: $
53,092.51
1,114,942.78

Attachment 2
City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Alex Hamilton, Interim Director of Community Development SUBJECT: AGREEMENT AMENDMENT NO. 6 FOR ON-CALL COMMUNITY

DEVELOPMENT CONSULTANT SERVICES AND ADDITIONAL SERVICES Background:

On October 25, 2023, an administratively approved agreement for building services in the amount of $37,900 with The Code Group, Inc. dba “VCA Code” (VCA) was fully executed by the City.

On November 7, 2023, City Council approved agreements with 27 firms to provide on-call Community Development Consultant and Additional Services intended to support Community Development and other City departments with staff augmentation services, priority projects, long-range planning projects, and technical review. VCA was one of the firms selected and the compensation increased annually not-to-exceed $150,000. The following services have been approved:
•Amendment No. 1 – This amendment extended the on-call services and the maximum compensation amount increased to $150,000 annually. The agreement helps offset staff shortages in the Building and Planning Divisions. The Community Development Department (Department) has used the following services since the contract was executed: Building Inspection Services, Building Official Services, Senior Permit Technician Services, and Planning Manager Services. Currently, the contract services are for interim Director of Community Development since the retirement of the department’s director.
•Amendment No. 2 – On June 4, 2024, City Council approved increasing the maximum compensation amount of the contract to $375,000 (an increase of $225,000) through October 25, 2024, for on-call professional Community Development Consultant and Additional Services.

City Council April 15, 2025
Agreement Amendment No. 6 – VCA Amendment No. 6 Page No. 2 1 3
1 3
•Amendment No. 3 – On June 18, 2024, City Council approved adding City Hall design services which included a project budget of $170,000 to the total contract compensation. •Amendment No. 4 – On October 1, 2024, City Council approved extending plan check and related services through October 25, 2025, in an amount not to exceed $300,000 (a $300,000 increase), in addition to the $545,000 compensation amount approved for on- call services and design services; and authorized the City Manager to execute the amendment and any future amendments for plan check and related services within a 15% contingency.
•Amendment No. 5 – On December 17, 2024, City Council approved additional funds to be paid in the amount of $75,000 for a shortfall of on-call professional service through October 25, 2024, for a total amount of $450,000 (increase from Amendment No. 2 of $375,000).
•Amendment No. 6 is requesting additional funds for the following services:
➢Plan check services - $206,000 for additional fundings for a shortfall for The Walk Project. This cost is paid for by the developer (pass-thru); and ➢Community Development Consultant Services for years two (October 2024-2025) and three (October 2025-2026) in addition to the original contract - $408,000 per year for years two and three (for staff augmentation).

Fiscal Impact:

Due to personnel cost savings from the vacant Community Development Director position, there is funding for the on-call services available in the current FY 2024/25 Adopted Budget for the remainder of the fiscal year and the budgets for Fiscal Years 2025/26 and 2026/27 will be budgeted accordingly.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goals: 1 and 3 - Provide high quality customer service to the community and create and sustain a resilient and economically prosperous City.

Recommended Action:

Staff recommends City Council approve Amendment No. 6 with $206,000 for plan check services and $408,000 for years two and three for on-call consulting services; and authorize the City Manager to execute the amendment on behalf of the City, in a form approved by the City Attorney.

City Council April 15, 2025
Agreement Amendment No. 6 – VCA Amendment No. 6 Page No. 3 1 3
1 3
Attachments:

N/A
City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Ozzie Ramos, Deputy City Manager
Richard Newton, Emergency Services Manager
SUBJECT: APPROVAL TO PURCHASE MERIDIAN ARCHER 1200 BARRIERS Background:

In recent years, the threat of terrorism, particularly vehicle-ramming incidents, along with concerns about crowd control and traffic accidents, has underscored the urgent need for rapid- deployable, high-performance perimeter security solutions. Therefore, ensuring the safety of pedestrians and personnel at public events, street closures, parades, and busy civic activities is a top priority for the City.

The Meridian Archer 1200 Barrier is a portable steel structure well-suited to meet the City’s needs. Unlike traditional concrete or water-filled barriers, the Archer 1200 is non-electric and requires no heavy equipment for deployment. This barrier can be quickly placed, repositioned, or removed by City staff with minimal training, making it ideal for temporary use at changing event locations. Acquiring this equipment supports the City’s Public Safety mission by enhancing operational readiness and responsiveness. With the increasing number of community events and a focus on pedestrian safety, these barriers provide the flexibility, durability, and reliability needed in urban security planning. Their modular design allows for scalable deployment, offering a customizable solution for venues of all sizes.

Furthermore, Meridian Rapid Defense Group is the sole manufacturer and distributor of the Archer 1200 system, and no other product matches its tested performance and patented portability. Due to its proprietary nature, this procurement qualifies as a sole source purchase.

Purchasing these barriers is a proactive investment in public safety, aligning with the City’s strategic goals to safeguard residents, visitors, and staff while maintaining an open and welcoming community.

City Council April 15, 2025
Meridian Archer 1200 Barriers Page No. 2
1 2
9 1
Fiscal Impact:

The total fiscal impact of this purchase is $269,318.48, which is included in the approved Fiscal Year 2024/25 budget.

Citizens Advised:

N/A
Strategic Plan 2023 Implementation:

The recommended action will further the City’s Strategic Plan Goal 2: Work in partnership with our community to achieve safe and livable neighborhoods.

Recommended Action:

Staff recommends City Council approve the purchase of two Meridian Archer Trailer Kits from the Meridian Rapid Defense Group in the amount of $269,318.48; and authorize the City Manager to execute the purchase with any amendments, provided there is adequate funding in the budget and it is within the City Manager’s signing authority, on behalf of the City, in a form approved by the City Attorney.

Attachments:

1. Quote from Meridian Rapid Defense Group

2. Sole Source Justification
Meridian Rapid Defense Group Sales LLC
177 E. Colorado Blvd
Suite 200
Pasadena CA 91105
United States
Quote
#QUO-S-11437
GSA Contract #47QSWA19D001F 02/27/2025
QUO-S-11437
1 of 2
Bill To Ship To
City of Norwalk
Richard Newton
12700 Norwalk Blvd
Norwalk CA 90650
United States
City of Norwalk
Richard Newton
12700 Norwalk Blvd
Norwalk CA 90650
United States
Date Expires Shipping Method Sales Rep
02/27/2025 05/28/2025 Perrin S Lee
Item Price Level Quantity Rate Amount
TRLKIT1000 Meridian Archer Trailer Kit 1000 2 0.00
T1000 Archer T-1000 Drop Deck Trailer GSA 2 34,247.85 $68,495.70 AB1200 Archer 1200 Barrier GSA 16 6,513.75 $104,220.00
AMHA003-2 Archer Manual Hauler 2.0 GSA 2 1,925.18 $3,850.36 AFTB001 Archer Field Tow Bar GSA 4 574.18 $2,296.72
AACN4F022 Archer Arrestor Cable – 4 ft. GSA 14 574.18 $8,038.52 RG Archer Rapid Gate Kit GSA 2 12,540.18 $25,080.36
WAYF-001 Wayﬁnding Frame GSA 16 574.18 $9,186.88
WF1RC Caution - Road Closed GSA 16 37.24 $595.84
WF2STP Caution - Stop GSA 16 37.24 $595.84
WF3C Caution - Caution GSA 16 37.24 $595.84
WF4PTO Caution - Pedestrian Traﬃc Only GSA 16 37.24 $595.84 ACP003ADA 3 Channel ADA Cable Protector (1
Piece)
GSA 28 287.09 $8,038.52
End of Group 0.00 $231,590.42
MCTR002 Annual Certiﬁed Training 1 3,995.00 $3,995.00
F Freight Charges 1 9,995.00 $9,995.00
Subtotal $245,580.42
Tax (10.25%) $23,738.06
Total $269,318.48
Notes:

Payment Terms:

Due to high demand, Meridian is requesting a 50% deposit to ensure timely delivery of your product.

Attachment No. 2
Meridian Rapid Defense Group Sales LLC
177 E. Colorado Blvd
Suite 200
Pasadena CA 91105
United States
Quote
#QUO-S-11437
GSA Contract #47QSWA19D001F 02/27/2025
QUO-S-11437
2 of 2
Wire Transfer Instructions:

Meridian Rapid Defense Group Sales LLC
Account Number: 568605235
Bank Name: Chase Bank, N.A.

Wire Routing : 021000021
ACH Routing : 322271627
Check Remittance:
530 New Los Angeles Ave #115-345
Moorpark, CA 93021
4 0
1 8
Date:March 20, 2025
To: Jana Stuard, Director of Finance & City Treasurer
From: Richard Newton, Emergency Preparedness Manager
Subject: Sole Source Justification for the Purchase of Meridian Archer 1200 Barriers The purpose of this memorandum is to justify the sole source purchase of Meridian Archer 1200 Barriers. These barriers are essential for ensuring enhanced public safety and security for large public events, crowd control, vehicle mitigation, and similar activities. After conducting thorough research, it has been determined that Meridian Archer 1200 Barriers are the only product meeting the operational requirements necessary for our application.

The Meridian Archer 1200 Barrier is a mobile, modular, and rapidly deployable security solution designed to mitigate vehicle threats in high-risk environments.

The barriers are engineered to meet stringent safety standards and offer the following advantages:
•Certified and tested to ASTM and PAS 68 standards for hostile vehicle mitigation.
•Rapidly deployable and easily reconfigurable without the need for heavy equipment or permanent installations.
•Provides non-lethal, passive security without impeding pedestrian access. •Fully modular system allowing for customized configurations based on security needs.
•Requires minimal maintenance and operational oversight.

The purchase of Meridian Archer 1200 Barriers as a sole source acquisition is justified based on the following criteria:
•Unique Features & Performance: The Meridian Archer 1200 Barriers incorporate proprietary technology and are the only known barriers capable of meeting both the Department’s mobility and safety requirements. The ability to deploy and reposition the barriers quickly without requiring power, hydraulics, or permanent fixtures makes them uniquely suited for our operational needs.
•Compatibility with Leased Equipment: The City has already deployed Meridian Archer 1200 Barriers in past security operations. Acquiring additional units ensures seamless integration with existing infrastructure, Interoffice Memorandum___________________
Department of Public Safety
Attachment No. 2
4 0
1 8
eliminating the need for retraining personnel and modifying operational protocols.
•Lack of Viable Alternatives: Market research has confirmed that no other vendor produces a mobile, modular, and certified vehicle mitigation barrier with equivalent performance characteristics. Competing products either require permanent installation or rely on electronic/hydraulic mechanisms.
•Manufacturer is Sole Distributor: Meridian Rapid Defense Group is the exclusive manufacturer and distributor of the Archer 1200 Barrier. There are no third-party resellers authorized to provide the product, thereby eliminating competitive procurement options.

Based on the aforementioned factors, the purchase of Meridian Archer 1200 Barriers as a sole source acquisition is in the best interest of the City. The barriers provide the most effective, mobile, and temporary solution for vehicle threat mitigation, ensuring the safety of personnel and the public.

City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Allan Perdomo, Director of Recreation and Park Services Sonia Batres, Recreation Superintendent
SUBJECT: REQUEST FOR USE OF CIVIC CENTER LAWN FOR LIONS CLUB CARNIVAL Background:

The Norwalk Lions Club is requesting to host their annual carnival on the Civic Center Lawn from May 19 through May 29, 2025. The request also includes set-up and break down times. The proposed dates do not conflict with any scheduled City events. The requested dates are as follows:

Set Up Dates and Times:
•Monday through Wednesday, May 19-21 from 7:00 a.m. – 10:00 p.m. •Thursday, May 22 from 7:00 a.m. – 5:00 p.m.

Carnival Dates and Hours of Operation
•Thursday, May 22 from 5:00 – 10:00 p.m.
•Friday, May 23 from 5:00 – 11:00 p.m.
•Saturday, May 24 from 2:00– 11:00 p.m.
•Sunday, May 25 from 2:00-11:00 p.m.
•Monday, May 26 from 2:00-10:00 p.m.

Break Down Dates and Times:
•Tuesday, May 27 – Thursday, May 29, 2025 from 7:00 a.m. – 10:00 p.m.

For a permit to be issued, the Norwalk Lions Club will be required to provide the following*:
•Site Plan
•Business License
•Certificate of Insurance and Additional Insured Endorsement

City Council April 15, 2025
Request for Use of Civic Center Lawn Page No. 2
1 3
2 1
•Generator Permit
•Marketing Plan
•Waste Management Plan
•Portable Restroom Contract
•OSHA Permit verification for mechanical rides
•Final Financial Statement
•Hold Harmless Waiver
•Security/Safety Plan
•Food Truck Business Licenses
*Requirements may vary by event.

The City will enforce all carnival rules and regulations for the safe operation of a special event on City property. Estimated costs are as follows:

Carnival Permit Fee $335 Special Event Permit Fee $60 Business License Fee ($100 per day/5 days) $500 Electrical and Safety permit fees $658 Security Deposit (refundable) $1,000 Total Fees $2,553

Applicants are also required to submit a completed Financial Report due no later than ten days after the conclusion of the carnival activity.

Fiscal Impact:

City staff will conduct a post-event inspection with the carnival organizer to determine if any damages were incurred during their reservation time frame. Any additional costs will be at the expense of the carnival organizer.

Citizens Advised:

N/A
Strategic Plan 2023-2025 Implementation:

N/A
City Council April 15, 2025
Request for Use of Civic Center Lawn Page No. 3
1 3
2 1
Recommended Action:

Staff recommends City Council approve the special event permit for the Norwalk Lions Club Carnival for May 19 – 29, 2025.

Attachments:

Special Event Application Lions Club Carnival
ATTACHMENT 1

City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, City Clerk
SUBJECT: NORWALK HOUSING AUTHORITY APPOINTMENTS
Background:

Members of the Norwalk Housing Authority (Authority) are appointed by the Norwalk City Council. Five members serve four-year staggered terms, and two tenant commissioners serve two-year terms. The Health and Safety Code does not require the five members to be Councilmembers to serve on the Authority.

Following are the current members of the Authority and their terms of office:

Name Current Term Originally
Appointed
Tony Ayala 5/1/21 – 4/30/25 4/11/17
Jennifer Perez 5/1/21 – 4/30/25 4/11/17
Rick Ramirez 5/1/22 - 4/30/26 4/7/20
Margarita Rios 5/1/23 – 4/30/27 4/11/17
Ana Valencia 5/1/24 - 4/30/28 4/7/20
Tenant Commissioners (2 year terms)

Vacant 5/1/23 - 4/30/25
Mary Hernandez 5/1/23 - 4/30/25 8/18/20
The terms of Mayor Ayala, Vice Mayor Perez, and Ms. Hernandez are expiring on April 30, 2025 and require re-appointment or a new appointment.

City Council April 15, 2025
Housing Authority Appointments Page No. 2
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Fiscal Impact:

N/A
Citizens Advised:

Terms of the Authority are posted.

Strategic Plan 2023 Implementation:

N/A
Recommended Action:

Staff recommends City Council re-appoint Mayor Ayala and Vice Mayor Perez to four-year terms ending April 30, 2029 and Ms. Hernandez to a two-year term ending April 30, 2027.

Attachments:

N/A
City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, City Clerk
SUBJECT: ADVISORY BODY APPOINTMENTS
Background:

With the exception of the Planning Commission (which is commensurate with the appointing Councilmember’s term) and five members of the Art in Public Places Commission (which is established in the Norwalk Municipal Code), Advisory Body terms are for two years following a City election. Advisory Body terms are from January 1, of odd years to December 31, of even years.

There are vacancies on several Advisory Bodies: Art in Public Places (4), Community Promotion (1), Historical Heritage (5), International Friendship Commission (3), Public Safety (1), Social Services (1), and the Youth Commission (14). The Youth Commission has one member 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. Any Councilmember may nominate an individual who falls into one of the two categories:

Business/Community College Representative and at-large Community Representative.

Fiscal Impact:

N/A
Citizens Advised:

Citizens are notified of Advisory Body vacancies through posting of vacancy notices and the Advisory Body term list, both of which are posted on the City’s website and at City Hall.

City Council April 15, 2025
Advisory Body Appointments Page No. 2
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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, 2026.

Attachments:

Advisory Body List
COMMISSIONER TERMS As of 04/15/2025
C:\inetpub\wwwroot\multitenant\temp\Advisory Body List 04-15-25.pdf Page 1 “Vacancies “at-a-glance”

AYALA PEREZ RAMIREZ RIOS VALENCIA
Historical Heritage (2)
Youth (3)
Community
Promotion
Historical Heritage
Youth (3)
Art in Public Places
Historical Heritage
International Friendship
Youth (3)
Art in Public Places
Historical Heritage
International Friendship
Public Safety
Youth (2)
International
Friendship
Social Services
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 -12/31/26
Ang, David Community Promotion Commission Valencia 1/21/25-12/31/26 Garcia, Steve Community Promotion Commission Ayala 3/18/25-12/31/26 Leon, Armida Community Promotion Commission Ramirez 1/21/25-12/31/26 Sanchez Jr, Arturo Community Promotion Commission Rios 2/4/25-12/31/26 Vacant Historical Heritage Commission Ayala -12/31/26
Vacant Historical Heritage Commission Ayala -12/31/26
Vacant Historical Heritage Commission Perez -12/31/26
Vacant Historical Heritage Commission Ramirez -12/31/26 Vacant Historical Heritage Commission Rios -12/31/26
Corona, Gina Historical Heritage Commission Perez 1/21/25-12/31/26 Greenidge, Marcelle Historical Heritage Commission Valencia 1/21/25-12/31/26 Hidalgo, Ericka Historical Heritage Commission Rios 3/18/25-12/31/26 Hernandez, Alex Historical Heritage Commission Ramirez 1/21/25-12/31/26 Pavon, Claudia Carolina Historical Heritage Commission Valencia 1/21/25-12/31/26 Vacant International Friendship Commission Ramirez -12/31/26 Vacant International Friendship Commission Rios -12/31/26 Vacant International Friendship Commission Valencia -12/31/26 Flores, Sylvia International Friendship Commission Ayala 1/21/25-12/31/26 Solis, Analisa International Friendship Commission Perez 1/21/25-12/31/26 Armendarez, Anthony Parks & Recreation Commission Rios 2/4/25-12/31/26 Berberabe, Francisco Parks & Recreation Commission Perez 1/21/25-12/31/26 Carbajal, Maria Parks & Recreation Commission Valencia 1/21/25-12/31/26 Hernandez, Alejandra Parks & Recreation Commission Rios 2/4/25-12/31/26 Juan, Victor Parks & Recreation Commission Ayala 1/21/25-12/31/26 King, David Parks & Recreation Commission Perez 1/21/25-12/31/26 Martinez, Briana Parks & Recreation Commission Ayala 1/21/25-12/31/26 Moreno, Antoinette Parks & Recreation Commission Ramirez 2/18/25-12/31/26 Napier, Monique Parks & Recreation Commission Ramirez 2/18/25-12/31/26 Valenzuela, Don Parks & Recreation Commission Valencia 1/21/25-12/31/26 Apodaca, Kimberly Planning Commission Perez 12/13/22-12/08/26 Barragan, Rosa Planning Commission Rios 12/10/24-12/12/28 Lopez, Linda Planning Commission Ayala 12/13/22-12/08/26 Macias, Chris Planning Commission Valencia 1/21/24-12/12/28 Salas-Vernola, Lisa Planning Commission Ramirez 12/10/24-12/12/28 COMMISSIONER TERMS As of 04/15/2025
C:\inetpub\wwwroot\multitenant\temp\Advisory Body List 04-15-25.pdf Page 2 Commissioner Advisory Body Appointee Present Term
Vacant Public Safety Commission Rios -12/31/26 Apodaca, Kim Public Safety Commission Perez 1/21/25-12/31/26 Brizuela, Elmer Public Safety Commission Ramirez 1/21/25-12/31/26 Fernandez-Silva, Ray Public Safety Commission Ayala 1/21/25-12/31/26 Greenidge, Marcelle Public Safety Commission Valencia 1/21/25-12/31/26 Hoskins, Patricia Public Safety Commission Valencia 1/21/25-12/31/26 LeGaspi, Richard Public Safety Commission Ayala 1/21/25-12/31/26 Peňa, Petra Public Safety Commission Ramirez 1/21/25-12/31/26 Rodriguez, Dr. Stephanie Public Safety Commission Perez 1/21/25-12/31/26 Rosoff, Michael Public Safety Commission Rios 1/21/25-12/31/26 Contreras, Rachel Senior Citizens Commission Rios 3/4/25-12/31/26 Mesa, Martha Senior Citizens Commission Ramirez 1/21/25-12/31/26 Serrano, Esperanza Senior Citizens Commission Perez 1/21/25-12/31/26 Tasker, Angela Senior Citizens Commission Ayala 1/21/25-12/31/26 Valenzuela, Laura Senior Citizens Commission Valencia 1/21/25-12/31/26 Vacant Social Services Commission Valencia -12/31/26
Acosta, Scherise Social Services Commission Ramirez 1/21/25-12/31/26 Barth, Phyllis Social Services Commission Perez 1/21/25-12/31/26 Casillas, Millie Social Services Commission Ramirez 1/21/25-12/31/26 Cerezo, Angeles Honorato Social Services Commission Rios 4/1/25-12/31/26 Greenidge, Marcelle Social Services Commission Perez 1/21/25-12/31/26 LeGaspi, Richard Social Services Commission Valencia 1/21/25-12/31/26 Reyes-Castro, Elfega Arely Social Services Commission Ayala 1/21/25-12/31/26 Santos, Alondra Social Services Commission Rios 4/1/25-12/31/26 Tasker, Angela Social Services Commission Ayala 1/21/25-12/31/26 Obi, Brandon Youth Commission Rios 3/18/25-12/31/26
Vacant Youth Commission Ayala -12/31/26
Vacant Youth Commission Ayala -12/31/26
Vacant Youth Commission Ayala -12/31/26
Vacant Youth Commission Perez -12/31/26
Vacant Youth Commission Perez -12/31/26
Vacant Youth Commission Perez -12/31/26
Vacant Youth Commission Ramirez -12/31/26
Vacant Youth Commission Ramirez -12/31/26
Vacant Youth Commission Ramirez -12/31/26
Vacant Youth Commission Rios -12/31/26
Vacant Youth Commission Rios -12/31/26
Vacant Youth Commission Valencia -12/31/26
Vacant Youth Commission Valencia -12/31/26
Vacant Youth Commission Valencia -12/31/26
Commissioner Advisory Body Appointed Present Term
Apodaca, Kim Art in Public Places Committee City Rep Appointed by Perez 1/21/25-12/31/26 LeGaspi, Natalie Art in Public Places Committee City Rep Appointed by Ayala 4/1/25-12/31/26 Solis, Pilar Art in Public Places Committee City Rep Appointed by Valencia 1/21/25-12/31/26 Vacant Art in Public Places Committee City Rep Appointed by Rios -12/31/26 Vacant Art in Public Places Committee City Rep Appointed by Ramirez -12/31/26 Art in Public Places Advisory Committee
NMC §15.44.060 A: Designation
Vega, Luis Art In Public Places Committee Outside Auth w/Expertise in Art Indefinite Vacant Art in Public Places Committee Community Rep Indefinite Vacant Art in Public Places Committee Bus./Community College Rep Indefinite Lopez, Linda Art in Public Places Committee Planning Rep 12/13/22-12/08/26 Juan, Victor Art in Public Places Committee P&R Appointee 1/21/25-12/31/26 City Council Agenda Report
April 15, 2025
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Alex Hamilton, Interim Director of Community Development SUBJECT: ORDINANCE NO. 25-1756 – STATUTORY DEVELOPMENT AGREEMENT NO. 2025-0001 FOR THE DEVELOPMENT OF THE NORWALK TRANSIT VILLAGE SPECIFIC PLAN AREA LOCATED AT 13200 BLOOMFIELD AVENUE
Background:

On July 10, 2024, the Planning Commission (PC) held a public hearing for review and consideration of the Norwalk Transit Village Specific Plan for the property located at 13200 Bloomfield Avenue (Property) and recommended with a 5-0 vote that City Council approve the Specific Plan.

On November 19, 2024, City Council completed a public hearing for review of the Specific Plan for the Norwalk Transit Village Specific Plan and adopted Resolution No. 24-58 certifying the project Final Environmental Impact Report (FEIR) (SCH No. 2022070103) with a 5-0 vote. On January 21, 2025, City Council, adopted Ordinance No. 24-1754 establishing Specific Plan Area No. 17, the “Norwalk Transit Village Specific Plan” which became effective on February 21, 2025.

On November 25, 2024, the PC adopted Resolution No. 24-12 finding that the disposition of the Property is in conformance with the City’s General Plan pursuant to Government Code Section 65402.

On December 3, 2024, City Council adopted Resolution No. 24-61 approving the Purchase and Sales Agreement (“PSA”) by and between the State of California and the City for the Subject Site.

On December 17, 2024, City Council adopted Resolution No. 24-62 declaring the Southern California Youth Correctional Reception Center and Clinic (“CYA”) located at the Property exempt surplus land pursuant to Government Code Sections 54221(F)(1) and approving a Disposition and Development Agreement (DDA), by and between the City of

City Council April 15, 2025
Ordinance No. 25-1756 – Development Agreement No. 2025-0001 Page No. 2 1 3
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Norwalk (“City”) and Lewis Land Developers, LLC (“Developer”).

On March 26, 2025, the Planning Commission held a public hearing for review and consideration of DA No. 2025-0001 and recommended with a 5-0 vote that City Council adopt an ordinance approving Development Agreement (DA) No. 2025-0001.

Request:

The Developer is requesting approval of DA No. 2025-0001 to expressly define a development project’s rules, regulations, commitments, and policies for a specific period of time for the development of the Specific Plan area. Development Agreements such as this are commonly known as “Statutory Development Agreements” (SDA). The purpose of an SDA is to “lock in” entitlement approvals to provide for more certainty in the entitlement process.

Authority:

The Development Agreement Act (California Government Code §65864 et seq.) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development.

Analysis:

Summary of Key Terms of DA No. 2025-0001:
•Term: 10 years from the Effective Date of this Agreement (the “Term”), with an automatic additional five (5) years if certificates of occupancy have been issued for at least 150 total Residential Units by the expiration of the initial Term. •Subdivision Maps. Any tentative subdivision map or tentative parcel map approved for the property after the Effective Date shall automatically be extended for the term of the agreement as provided under the provisions of Government Code section 66452.6(a). •Assignment. Developer has the right to assign the Agreement in whole or in part to any person, partnership, limited liability company, corporation or other legal entity at any time during the term of this Agreement that acquires a fee or ground leasehold interest in any of the Property (a “Transfer”), subject to approval by the City. This is important to ensure that the transferee has the financial means and expertise to develop a project of this magnitude. This provision does not apply to restrict or limit any assignment of this Agreement to an Affordable Housing Builder as part of the Transfer of the Affordable Parcel to the City or the Affordable Housing Builder. •Vested Development Rights. Developer acquires vested right to develop the Project on the Property in accordance with, and to the extent of, the Development Approvals that are in place at the time the Development Agreement is entered into by the parties during the Term of the Development Agreement.

City Council April 15, 2025
Ordinance No. 25-1756 – Development Agreement No. 2025-0001 Page No. 3 1 3
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•Public Benefits:
oPublic Park. In lieu of the payment of any Quimby park fees (park dedication/in- lieu fees) or other Development Impact Fees for parks or open space, Developer will construct and dedicate two public parks within the Specific Plan area. oAffordable Housing. The Developer will provide range of affordable housing units for a total of 40 percent of the overall mix of residential units. These affordable housing units will contribute to the City’s Regional Housing Needs Assessment (RNHA) requirement.
oArt in Public Places. Developer may elect to install art work or pay an in-lieu fee equal to one percent of the total project cost.

Environmental:

The California Environmental Quality Act (“CEQA”) and the CEQA Guidelines allow the City to rely on the previously certified, November 19, 2024, Norwalk Transit Village Specific Plan FEIR unless a subsequent or supplement Environmental Impact Report (“EIR”) is required. None of the conditions requiring a subsequent or supplemental EIR under CEQA Guidelines Sections 15162 and 15163 have occurred. Accordingly, taking into consideration the analysis in the FEIR, DA No. 2025-0001 is within the envelope of the FEIR prepared for the Norwalk Transit Village Specific Plan area and no further environmental review is required.

Fiscal Impact:

As previously noted, there will be public benefits resulting from the project in the form of public parks, affordable housing, and art in public places.

In addition, the proposed project will have a positive fiscal benefit to the City. Estimates from renowned economist Kosmont Companies projects the following benefits to the City from this project:
•$500,000/annually from Hotel Transient Occupancy Tax (TOT); •$200,000 from commercial/retail sales tax annually; and •$170,000 (approximate) in net annual property tax to the City.

Citizens Advised:

Public hearing notices were published in The Norwalk Patriot on April 4, 2025, and posted at locations set forth in NMC Section 1.08.030 as well as mailed to 539 property owners within 500’ of the property. As of the writing of this report, staff has not received any correspondence regarding the proposed project.

Strategic Plan 2023 Implementation:

Approval of Ordinance No. 25-1756 for Development Agreement No. 2025-0001 is consistent with Goal 3 – Create and Sustain a Resilient and Economically Prosperous City –Objective 3 – Build Great Public Destinations.

City Council April 15, 2025
Ordinance No. 25-1756 – Development Agreement No. 2025-0001 Page No. 4 1 3
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Recommended Action:

Staff recommends City Council:
a. introduce by title only Ordinance No. 25-1756, AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF NORWALK, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 2025-0001 BY AND BETWEEN THE CITY OF NORWALK, CALIFORNIA AND LEWIS LAND DEVELOPERS, LLC. FOR THE DEVELOPMENT OF THE NORWALK TRANSIT VILLAGE SPECIFIC PLAN AREA LOCATED AT 13200 BLOOMFIELD AVENUE, and schedule for adoption;
b. find that Development Agreement No. 2025-0001 is within the envelope of the FEIR prepared for the Norwalk Transit Village Specific Plan Project and no further environmental review is required.

Attachments:

1. Ordinance No. 25-1756

2. Draft Development Agreement No. 2025-0001
ATTACHMENT 1
ORDINANCE NO. 25-1756

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NORWALK, CALIFORNIA APPROVING DEVELOPMENT
AGREEMENT NO. 2025-0001 BY AND BETWEEN THE CITY OF

NORWALK, CALIFORNIA AND LEWIS LAND DEVELOPERS, LLC

FOR THE DEVELOPMENT OF THE NORWALK TRANSIT VILLAGE
SPECIFIC PLAN AREA LOCATED AT 13200 BLOOMFIELD
AVENUE
WHEREAS, the Development Agreement Act (California Government Code §65864 et seq.) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development; and
WHEREAS, the City has executed that certain Agreement of Purchase and Sale and Initial Escrow Instructions dated December 26, 2024 (the “State PSA”) for the City’s purchase from the State of California (“State”) of the former Southern Youth Correctional Reception Center and Clinic (the “CYA Facility”) which is comprised of certain real property consisting of approximately 32.3+/- acres, together with improvements located thereon, including, without limitation, approximately 35-40 structures and ancillary improvements, located at 13200 Bloomfield Avenue in the City of Norwalk, Los Angeles County, State of California (“Property”); and
WHEREAS, The City and Developer are parties to that certain Disposition and Development Agreement dated December 31, 2024 (the “DDA”) which provides for Developer’s purchase of the Property from the City and Developer’s development of (i) a for-sale and/or for-rent market-rate residential project on approximately 12-13 acres of the Property consisting of a maximum of 462 market-rate Residential Units (the “Developer Residential Project”) and (ii) a neighborhood commercial/retail project on approximately 3.1+/- acres of the Property consisting of a maximum of 66,647 sq.ft. of building area (0.5 floor area ratio) together with a possible hotel (the “Hotel”) containing a maximum of 150 rooms (the “Developer Retail Project”) in accordance with the Current Development Approvals (collectively, the “Developer Project”), and (iii) provide for the development by an Affordable Housing Builder of a for-rent housing project consisting of rental units affordable to lower income and very low income households on approximately 2-3 acres of the Property and consisting of a minimum number of affordable Residential Units which equals 40% of the total number of all Residential Units constructed in the Project (the “Affordable Housing Project”). The Developer Project and Affordable Housing Project are collectively referred to herein as the “Project”; and WHEREAS, the Property is located within the Norwalk Transit Village Specific Plan area and zoned Specific Plan Area No. 17; and
Ordinance No. 25-1756 Page 2 of 4
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WHEREAS, the Norwalk City Council on November 19, 2024 adopted Resolution No. 24-58 certifying the Final Environmental Impact Report (“FEIR”) for Specific Plan Area No. 17 - the Norwalk Transit Village Specific Plan (SCH No. 2022070103), which included this Development Agreement.

WHEREAS, the Planning Commission held a duly noticed public hearing on March 26, 2025 and adopted Planning Commission Resolution No. 25-02 recommending the City Council approve the Development Agreement; and
WHEREAS, the City Council of the City of Norwalk held a duly notice public hearing on April 15, 2025 and all prerequisites for the approval of the Development Agreement have occurred.

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

Section 1.The foregoing recitals are true and correct and are hereby incorporated as part of the findings contained in this Ordinance.

Section 2. The California Environmental Quality Act (“CEQA”) and the CEQA Guidelines allow the City to rely on the previously certified Norwalk Transit Village Specific Plan FEIR unless a subsequent or supplement EIR is required. None of the conditions requiring a subsequent or supplemental EIR under CEQA Guidelines Sections 15162 and 15163 have occurred. Accordingly, taking into consideration the analysis in the FEIR, the City Council finds that the Development Agreement is within the envelope of the FEIR prepared for the Norwalk Transit Village Specific Plan Project and no further environmental review is required.

Section 3.Based on the staff report, public comments, the above recitals, and all other evidence in the record, the City Council finds as follows:

A. That the Development Agreement is authorized by and satisfies the requirements of Government Section Code 65864 through 65869.5.

B. That pursuant to California Government Code Section 65867.5, the City Council finds that the Development Agreement and proposed Project are consistent with General Plan as follows:

1. Land Use Element. Citywide Objectives: (1) To establish a positive image for Norwalk as a growing city and take steps towards maintaining this positive image; (2) To provide for larger comprehensive developments along the City’s major arterials which will enhance the overall character of the streetscape and will include adequate parking, buffering and landscaping; (3) To concentrate commercial density in the City Center area and establish it as an urban and sub-regional core; and (4) Encourage the maintenance and enhancement of areas important to the creation of a positive image for Norwalk.

Ordinance No. 25-1756 Page 3 of 4
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The proposed Project would implement the City’s Economic Development Opportunities Plan by revitalizing the project site with a vibrant, community focused, mixed-use development that contributes to the City’s economic base allowing the City to grow and maintain and improve a positive image of the City. In addition the proposed project provides for the comprehensive planning of the project site through the preparation of a specific plan and utilizes a public/private partnership between the City of Norwalk and a developer to redevelop the site consistent with the specific plan established for the project site providing a larger comprehensive development along Bloomfield Avenue and enhance the overall character of the streetscape and provide adequate parking, buffering, and landscape consistent with the design standards set forth under the Specific Plan

2. Open Space Element. Open Space Element Objectives: (1) To establish quality residential neighborhoods and commercial environments through the provision of adequate private and group open space; (2) Usable private and group open space should be provided in adequate amounts and locations to meet the needs of all on-site users; (3) Suitable amenities should be provided within private and group open space areas to encourage their use; (4) To establish a quality public open space environment which enhances the overall identity of the City; (5) to establish a consistent approach to public streetscape, including sidewalks, landscaping, signage, furniture and lighting; (6) encourage development of a cohesive streetscape through the City; (7) Encourage coordination between private development and public streetscape, including landscaping, signage and lighting. The proposed Project would include 3.7 acres of publicly accessible open spaces.

3. Community Design Element. Community Design Goals: (1) The City of Norwalk will be recognized as a place of visual order and exceptional quality in design; (2) new residential, commercial, and right of way developments should be reviewed to determine consistency and compatibility with the surrounding neighborhood, district, and the overall community; and (3) Community Design Policy: Existing residential, commercial, industrial, and public facility and right of way improvements should be maintained to support a positive community image.

The proposed Project would be developed in accordance with the development standards and regulations set forth in Chapter 2 of the Specific Plan for the Specific Plan area will ensure that new development will comply with the Community Design Element goals, policies, and objectives and are developed in a manner consistent with and compatible with the surrounding neighborhoods, district, and the overall community.

4. Housing Element. Housing Element Goals: (1) Attain a housing supply adequate to meet the needs projected for the City; (2) provide a variety of rental and homeownership housing opportunities for all income groups of the City; (3) attain a housing market where all families can find adequate Ordinance No. 25-1756 Page 4 of 4
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housing within their financial means; and (4) achieve an assisted housing supply that provides a full range of affordable ownership and rental housing opportunities. The proposed Development Agreement would allow for the development of new residential units with at least forty percent (40%) being designated as affordable. The new residential units would assist the City in meeting its regional housing needs and the State’s overall housing goals, which is a statewide concern.

C. The City Council further finds that the Development Agreement is consistent with the objectives set forth under Section 1.5 of the Norwalk Transit Village Specific Plan.

Section 4.Pursuant to the findings above, the City Council of the City of Norwalk hereby approves the Development Agreement by and between the City and Lewis Land Developers, LLC.

Section 5.The City Manager is hereby authorized to execute the Development Agreement on behalf of the City and prepare a final version of the Development Agreement for execution and recordation and such ancillary document documents, in a form approved by the City Attorney, reasonably necessary to effectuate the intent of this Ordinance and the Development Agreement. The City Manager is further authorized to update and finalize exhibits to the Development Agreement consistent with the actions of the City Council in adopting the Development Agreement and to make all necessary and appropriate clerical, typographical, and formatting corrections as approved by the City Attorney.

Section 6.This Ordinance shall take affect thirty (30) days after its adoption.

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

PASSED, APPROVED, AND ADOPTED this _________ day of May 2025. _______________________________

TONY AYALA
MAYOR
ATTEST:
______________________________

THERESA DEVOY, CMC

CITY CLERK
-1-

RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:

City of Norwalk
12700 Norwalk Boulevard
Norwalk, CA 90650
Attention: City Manager
(SPACE ABOVE FOR RECORDER’S USE ONLY)
This document is exempt from the payment of a recording fee pursuant to Government Code § 27383.

DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”), dated as of April ___, 2025 (the “Reference Date”) and effective on the date it is recorded with the County Recorder of the County of Los Angeles, is made by and among the CITY OF NORWALK, a municipal corporation (the “City”), and LEWIS LAND DEVELOPERS, LLC, a Delaware limited liability company (the “Developer”).

RECITALS
A. The City is authorized to enter into development agreements with persons having legal or equitable development interests in real property which is located either within the City or within its sphere of influence, pursuant to Government Code Sections 65864 through 65869.5 (the “Development Agreement Act”).

B. The City has executed that certain Agreement of Purchase and Sale and Initial Escrow Instructions dated December 26, 2024 (the “State PSA”) for the City’s purchase from the State of California (“State”) of the former Southern Youth Correctional Reception Center and Clinic (the “CYA Facility ”) which is comprised of certain real property consisting of approximately 32.3+/- acres, together with improvements located thereon, including, without limitation, approximately 35-40 structures and ancillary improvements, located at 13200 Bloomfield Avenue in the City of Norwalk, Los Angeles County, State of California, Assessor’s Parcel No: 8045-008-902, which is legally described in Exhibit A and generally depicted in Exhibit A-1 attached hereto (the “Property”).

C. The City and Developer are parties to that certain Disposition and Development Agreement dated December 31, 2024 (the “DDA”) which provides for Developer’s purchase of the Property from the City and Developer’s development of (i) a for-sale and/or for-rent market- rate residential project on approximately 12-13 acres of the Property consisting of a maximum of 462 market-rate Residential Units (the “Developer Residential Project”) and (ii) a neighborhood commercial/retail project on approximately 3.1+/- acres of the Property consisting of a maximum of 66,647 sq.ft. of building area (0.5 floor area ratio) together with a possible hotel (the “Hotel”) containing a maximum of 150 rooms (the “Developer Retail Project”) in accordance with the ATTACHMENT 2
-2-
Current Development Approvals (collectively, the “Developer Project”), and (iii) provide for the development by an Affordable Housing Builder of a for-rent housing project consisting of rental units affordable to lower income and very low income households on approximately 2-3 acres of the Property and consisting of a minimum number of affordable Residential Units which equals 40% of the total number of all Residential Units constructed in the Project (the “Affordable Housing Project”). The Developer Project and Affordable Housing Project are collectively referred to herein as the “Project”.

D. The Project is conceptually planned to be developed as described on the site development plan attached hereto as Exhibit B (the “Preliminary Project Plan”). The Preliminary Project Plan, subject to further revision, currently includes 300 market-rate Residential units and 200 affordable Residential Units and 3.1 acres of retail development and will be finalized by Developer consistent with the Entitlements and approved by the City as set forth in Section

2.10. E. City and Developer have agreed to the recordation of this Agreement against the Property after the City acquires fee title to the Property from the State under the State PSA and after Developer acquires fee title to the Property from the City under the DDA. If either the City does not acquire fee title to the Property, or Developer does not acquire fee title to the Property, then this Agreement shall be of no effect.

F. The City prepared and processed the following land use and development entitlements and approvals for the Project which were previously approved by the City’s Planning Commission and the City Council (the “Current Development Approvals”):
(i) General Plan Amendment (GPA) No. 2022-01 (2024-01); (ii) Zone Change (ZC) No. 2022-01 (2024-02);
(iii) Zoning Text Amendment ZTA No. 2022-02 (2024-04) to establish Specific Plan No. 17, the "Norwalk Transit Village Specific Plan"; and (iv) Final Environmental Impact Report (FEIR) SCH· No. 2022070103.

G. This Agreement and the Project are consistent with the City’s General Plan and each of its elements and with the Current Development Approvals and the DDA.

H. This Agreement and the Project will serve to implement the policies, objectives and standards of each element of the City of Norwalk General Plan, the Current Development Approvals and the DDA.

I. The City Planning Commission held a duly noticed public hearing and recommended approval of this Agreement on March 26, 2025.

J. The City Council also conducted a duly-noticed public hearing on this Agreement on , 2025. In accordance with the Development Agreement Act, the City Council adopted Ordinance No. , to become effective on the 30th day after its adoption, finding that its -3-
provisions are consistent with the City’s General Plan and the Norwalk Municipal Code, and authorized the execution of this Agreement.

K. All actions taken by the City in connection with this Agreement have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act, (Cal. Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs., Title 14,Sections 15000 et seq.) (collectively “CEQA”), and all requirements for notice, public hearings, findings, votes and other procedural matters.

L. All actions taken and all approvals granted by the City under this Agreement are a present exercise of the City’s authority over the Property and the Project.

M. This Agreement and the consent of Developer to each of its terms and conditions will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure timely installation of necessary public improvements, provide for public services appropriate to the development of the Project, and generally serve the public interest.

AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.
a. Definitions. The following capitalized terms when used in this Agreement shall be defined as follows; if not otherwise defined herein, all capitalized terms shall have the meaning given those terms in the DDA:
“Affiliate of Developer” means an entity in which Developer, or its members or partners or any of them directly or indirectly, have a majority ownership or beneficial interest or maintain management and control of the entity. “Affordable Housing Builder” means a builder (or builders) that constructs and manages the Affordable Housing Project as set forth in the DDA. “Affordable Housing Parcel” means the legal lot or lots shown on a final tract map or final parcel map for the Project which is to be conveyed to an Affordable Housing Builder for the development of the Affordable Housing Project in accordance with the Affordability Requirements and the Regulatory Agreement as further described in the DDA.
“Affordable Housing Project” has the meaning set forth in Recital C. “Affordability Requirements” means the requirements of Government Code Section 37364 and the Regulatory Agreement.
“Agreement” means this Development Agreement.
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“Backbone Improvements” has the meaning given that term in the DDA and includes the grading and those improvements described in Exhibit D attached hereto.
“City” means the City of Norwalk, a general law city, including its City Council, officers and employees.
“City Council” means the City Council for the City of Norwalk and the legislative body of the City pursuant to Section 65867 of the California Government Code. “Current Development Approvals” means those Development Approvals for the Property approved before the Effective Date of this Agreement which are listed in Recital F.
“Current Land Use Regulations” means all Land Use Regulations valid and in effect and which are a matter of public record on the Effective Date of this Agreement.
“DDA” has the meaning set forth in Recital C.
“Developer” means Lewis Land Developers, LLC, a Delaware limited liability company, and its successors in interest to all or any part of the Property. “Development” means the improvement of the Property by constructing and completing the buildings, structures, improvements, and facilities which are part of the Project including, but not limited to, grading; the construction of all on-site and offsite public facilities and improvements, including, without limitation, the Backbone Improvements, and all Project Parks and landscaping. “Development” does not include maintenance, repair, reconstruction or redevelopment of any building, structure, improvement, or facility after its initial construction and completion unless such repair, reconstruction or redevelopment is undertaken as a result of casualty or condemnation of the Project and such repair, reconstruction or redevelopment is performed and completed in a manner consistent with the Development Approvals.
“Development Approvals” means all permits, licenses, or other entitlements, whether discretionary or ministerial, subject to approval or issuance by the City in connection with Development of the Property including, but not limited to, specific plans and amendments; tentative and final subdivision and parcel maps; conditional use permits and site plan review; zoning and zone changes; grading, building, and occupancy permits. Development Approvals include collectively, the Current Development Approvals and Subsequent Development Approvals. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of -5-
public facilities related to the development project, including “Quimby” fees specified in Government Code Section 66477; provided Development Impact Fees expressly excludes processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 65838, 57004, 65104, 645446, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superseded, including by amendment or replacement.
“Effective Date” means the date on which this Agreement is recorded with the County Recorder. The Agreement shall not be recorded until Developer acquires title to the Property in accordance with the DDA.
“Exaction” means any requirement of the City in connection with or pursuant to any Land Use Regulation or Development Approval for the construction or improvement and/or dedication of public facilities, payment of Development Impact Fees, or other contributions required in order to address the impacts of Development on the community or for other public purposes. Processing fees shall not be considered exactions for the purposes of this Agreement. “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, and official policies of the City, whether adopted by ordinance, resolution, or otherwise, controlling or regulating any aspect of the development and use of land, including, but not limited to, the permitted uses of land, the density or intensity of use, subdivision requirements, setbacks, development standards, the maximum height and size of proposed buildings, parking requirements, the reservation or dedication of land for public purposes, sign regulations, zoning, and the design, improvement and construction standards and specifications for development of land in the City. Land Use Regulations do not include any City ordinance, resolution, code, rule, regulation or official policy, governing:
(i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments;
(iii)the control and abatement of nuisances;
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(iv)the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or (v) the exercise of the power of eminent domain.
“Lot” or “lot” means a legal subdivided lot.
“NMC” means the City of Norwalk Municipal Code.
“Permitted Transfer” has the meaning set forth in Section 7.3.2 of the DDA. “Preliminary Project Plan” means the conceptual site development plan for the Project described in Recital D and attached hereto as Exhibit B. “Project” has the meaning set forth in Recital C and includes the Development of the Developer Residential Project, Developer Retail Project and the Affordable Housing Project (all defined in Recital C) as contemplated by the Development Approvals.
“Project Map” means a tentative map and final tract map or final parcel map that legally subdivides the Property into legal parcels, including the Affordable Housing Parcel, for Development in accordance with the Development Approvals. “Property” means the real property described on Exhibit A. “Regulatory Agreement” means that certain “Regulatory Agreement” recorded against the Property at the State PSA closing as set forth in the State PSA. “Residential Unit” means any completed for-sale or for-rent residential unit for which a certificate of occupancy has been issued by the City. “Reservations of Power” means the rights and authority excepted from the assurances and rights provided to Developer under this Agreement and reserved to the City under Section 3.e of this Agreement.
“Retail Unit” means any completed retail/commercial/office building for which a certificate of occupancy has been issued by the City.
“Subsequent Development Approvals” means all Development Approvals required after the Effective Date of this Agreement in connection with Development of the Property. The Subsequent Development Approvals may include, without limitation, the following: design review approvals, improvement agreements, use permits, grading permits, excavation permits, plan checks, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, subdivision maps, site plan and project plan approvals, and any amendments to, or repealing of, any of the foregoing or of the Current Development Approvals, this Agreement or the DDA.
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“Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. “Transfer” has the meaning set forth in Section 2.e.
b. Exhibits. The following documents are attached to and by this reference made a part of this Agreement:

Exhibit A Legal Description of Property
Exhibit A-1 Map of Property
Exhibit B Preliminary Project Plan
Exhibit C Development Impact Fees
Exhibit D Description of Backbone Improvements

2. TERM AND GENERAL RIGHTS.
a. Binding Effect of Agreement/DDA. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the DDA and this Agreement. All of the terms and conditions in the DDA which apply to the Property and the Project from and after the Developer’s acquisition of title to the Property under the DDA are incorporated into this Agreement and made a part hereof as if those terms and conditions were stated herein in their entirety. b. Ownership of Property. The City and Developer agree that upon close of escrow pursuant to the DDA, Developer will be the fee title owner of the Property. This Agreement shall automatically terminate and be of no force or effect if either the City does not acquire title to the Property pursuant to the State PSA or Developer does not acquire title to the Property pursuant to the DDA. c. Term. The term of this Agreement shall expire and terminate on the date that is ten (10) years from the Effective Date of this Agreement (the “Term”), unless said Term is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the Parties hereto. Without limiting the foregoing, the Term shall automatically extend for an additional five (5) years if certificates of occupancy have been issued for at least 150 total Residential Units by the expiration of the initial Term.
d. Subdivision Maps. For as long as this Agreement remains in effect, the term of any tentative subdivision map or tentative parcel map approved for the Property after the Effective Date shall automatically be extended for the Term of this Agreement as provided under the provisions of Government Code section 66452.6(a). -8-
e. Assignment. Developer shall have the right to assign this Agreement in whole or in part to any person, partnership, limited liability company, corporation or other legal entity at any time during the term of this Agreement that acquires a fee or ground leasehold interest in any of the Property (a “Transfer”), subject to the following terms and conditions:
(i) The qualifications and identity of the Developer are of particular concern to the City. It is because of those qualifications and identity that the City has entered into this Agreement with the Developer. Accordingly, during the Term of this Agreement, no voluntary or involuntary successor in interest of the Developer shall acquire any rights or powers under this Agreement, and the Developer shall not be released from liablity for the performance of all obligations of Developer under this Agreement, without the prior written approval of the City, except as expressly set forth herein. (ii) The City’s prior written consent to the assignment and release of Developer, which consent shall not be unreasonably withheld, shall be required unless the assignment shall be made as part of a Permitted Transfer of all or a part of the Property under the DDA in which event the City’s approval is not required. The City agrees that it will give reasonable consideration to approving a request for approval of an assignment of this Agreement and release of Developer as to that portion of the Property which is the subject of the Transfer in accordance with the standards of such approval set forth below, provided the Developer delivers written notice to the City requesting such approval in pursuant to Section 2.e(ii) of this Agreement. Such notice shall be accompanied by evidence regarding the proposed transferee’s development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable the City to evaluate the proposed assignee or purchaser as reasonably determined by the City. The City may, in considering any such request, take into consideration such factors as (i) the quality of any new and/or replacement developer (ii) the transferee’s past performance and experience as developer of high-quality mixed-use residential and/or retail developments and (iii) the current financial condition of the transferee, and similar factors. (iii) At least sixty (60) days prior to any Transfer, Developer shall provide the City with written notice of the proposed assignment of this Agreement as to that portion of the Property that is the subject of the Transfer together with an assignment agreement executed by Developer and the transferee providing that the transferee expressly and unconditionally assumes all the duties and obligations of Developer under this Agreement (an “Assignment Agreement”), which shall be in a form reasonably approved by the City Attorney.
(iv) Notwithstanding the failure of any transferee in a Transfer to execute an Assignment Agreement, the burdens of this Agreement shall be binding upon such transferee, but the benefits of this Agreement shall not inure to -9-
such transferee until and unless such Assignment Agreement is executed and Developer shall remain liable for the performance of all obligations of Developer under this Agreement unless and until released by the City. (v) Provided the transferee executes the Assignment Agreement, the transferring Developer shall be released by the City from the obligations of this Agreement first arising subsequent to the effective date of such Transfer with respect to the portion of the Property transferred. (vi) Notwithstanding the foregoing, the Developer may execute mortgages, deeds of trust, sales and leaseback, or any other form of encumbrance or conveyance required for any reasonable method of financing from a bank, savings and loan, insurance company, or similar institutional lender, for the purpose of securing loans of funds to be used for financing the direct and indirect costs of the Development (including land development costs, reasonable and customary developer fees, loan fees and costs, and other normal and customary project costs). The execution of any of the above- described financing documents shall not be considered a sale, transfer or assignment for purposes of this Section 2.e. In the event of a foreclosure of any mortgage, deed of trust, or receipt of a deed in lieu of foreclosure, any such institutional lender shall not be required to submit documentation called for in Section 2.e(ii), or obtain the prior consent of the City with respect to any transfer of title to the Property to such lender or to any purchaser from such lender. No such parties shall receive any rights or incur any obligations under this Agreement by reason of the foreclosure of the mortgage, deed of trust, or deed in lieu of foreclosure, without assuming in writing the Developer’s obligations of this Agreement.
(vii) A transferee of a lot that has been finally subdivided as provided for in the Development Approvals and for which a site plan for Development of the lot has been approved by the City pursuant to the Development Approvals and for which all obligations for Development of the lot under this Agreement have been completed, may submit a request in writing, to City to release said lot from the record encumbrance of this Agreement. Within thirty (30) days of such request, the City Manager shall review, and if the above site plan condition is satisfied shall approve, the request for release and execute and deliver the release in recordable form to the that transferee.

No such release approved pursuant to this paragraph shall cause, or otherwise effect, a release the Developer from its duties and obligations under this Agreement as to the remainder of the Property (exclusive of the released lot).
(viii) This Section 2.e does not apply to restrict or limit any assignment of this Agreement to an Affordable Housing Builder as part of the Transfer of the Affordable Parcel to the City or the Affordable Housing Builder. -10-
f. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of the parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of the City or the Developer as provided by this Agreement. g. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(i) Cancellation this Agreement pursuant to Section 2.f. (ii) Expiration of the Term of this Agreement pursuant to Section 2.c. (iii) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(iv) The adoption of a referendum measure repealing the ordinance approving this Agreement, or repealing any ordinance, law or Current Land Use Regulation which the Developer determines is reasonably necessary to its completion of the Project in accordance with the Development Approvals.

Termination of this Agreement as provided in this Section 2.g shall not constitute termination of any Development Approvals approved for the Property prior to the date of termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed before such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred before such termination or with respect to any obligations which are specifically set forth as surviving this Agreement.
h. Termination of Agreement With Respect to Individual Residential Units or Retail Units Upon Completion of Construction and Sale. The restrictions and requirements of Section 2.e shall not apply to the sale or lease of (i) any Residential Unit or (ii) Retail Unit to a member of the public or other ultimate user.

Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any such Residential Unit or Retail Unit and such Residential Unit or Retail Unit shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of all of the following conditions, as applicable:
(i) The Residential Unit or Retail Unit has been sold or leased to a member of the public or other ultimate user; and
(ii) A final certificate of occupancy or similar certificate has been issued for a Residential Unit or Retail Unit.
i. Notices.
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As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

All notices, demands, consents, requests or other communications required to or permitted to be given pursuant to this Agreement shall be in writing, shall be given only in accordance with the provisions of this Section, shall be addressed to the parties in the manner set forth below, and shall be conclusively deemed to have been properly delivered: (a) upon receipt when hand delivered during normal business hours (provided that, notices which are hand delivered shall not be effective unless the sending party obtains a signature of a person at such address that the notice has been received); (b) upon receipt when sent by email to the email address set forth below (provided that, any Default Notice given by email shall not be effective unless the sending party delivers the notice also by one other method permitted under this Section); (c) upon the day of delivery if the notice has been deposited in an authorized receptacle of the United States Postal Service as first- class, registered or certified mail, postage prepaid, with a return receipt requested (provided that, the sender has in its possession the return receipt to prove actual delivery); or (d) one (1) business day after the notice has been deposited with any national overnight delivery service (e.g. FedEx, UPS, USPS, DHL) to be delivered by overnight next-day delivery (provided that, the sending party receives a confirmation of actual delivery from the courier). The addresses of the parties to receive notices are as follows:

If to the City:

City Manager
City of Norwalk
127000 Norwalk Boulevard
Norwalk, CA 90650
Attention: Jesus Gomez, City Manager
Email: [email protected]
With a copy to:

Alvarez-Glasman & Colvin
13181 Crossroads Pkwy. North
Suite 400 - West Tower
City of Industry, CA 91746
Attn: Arnold M. Alvarez-Glasman, City Attorney
Email: [email protected]
If to the Developer:

Lewis Land Developers, LLC
c/o Lewis Management Corp
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1156 North Mountain Ave,
Upland, CA 81785
Attention: John Goodman
Email: [email protected]
With a copy to:

Lewis Management Corp.

Attn: General Counsel
P.O. Box 670
Upland, CA 91786-3633
1156 North Mountain Avenue
Upland, California 91785-0670
Email: [email protected]
Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. VESTED DEVELOPMENT RIGHTS.
a. Rights to Develop. Subject to the terms, conditions, and covenants of this Agreement, including the Reservations of Power in Section 3.e, Developer has a vested right to develop the Project on the Property in accordance with, and to the extent of, the Development Approvals. Additionally the City hereby approves the proposed uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes as set forth in the Development Approvals. In the absence of this Agreement, Developer would have no assurance that it can complete the Project for the uses and to the density and intensity of development set forth in this Agreement and the Development Approvals. This Agreement, therefore, is necessary to assure Developer that the Project will not be (1) reduced or otherwise modified in density, intensity or use from what is set forth in the Development Approvals, (2) subjected to new rules, regulations, ordinances or official policies or plans which are not adopted or approved pursuant to the City’s Reservation of Powers or (3) subjected to delays for reasons other than Citywide health and safety enactments related to critical situations. The Developer’s vested rights under this Agreement shall include, without limitation, the right to remodel, renovate, rehabilitate, redevelop, rebuild or replace the Project or any portion thereof throughout the Term for any reason, including, without limitation, in the event of damage, destruction or obsolescence of the Project or any portion thereof, in accordance with this Agreement and the Development Approvals. -13-
b. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Power in Section 3.e, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to Development of the Property shall be the Current Land Use Regulations provided they do not conflict with the Current Development Approvals. Based upon all information made available to the City up to or concurrently with the execution of this Agreement, the City finds and certifies that no Current Land Use Regulations prohibit, prevent or encumber the full completion of the Project in accordance with the uses, intensities, densities, designs and heights, permitted demolition, and other development entitlements incorporated and agreed to herein and in the Current Development Approvals. c. Timing of Development. The parties acknowledge that the Developer cannot at this time predict when or the rate at which the Property will be developed. Such decisions depend upon numerous factors which are not within the control of the Developer, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Except as expressly provided by this Agreement, the rate, timing, phasing, and sequencing of development shall be at the discretion of the Developer. In the event that a Land Use Regulation is enacted, whether by action of the City Council or by initiative or otherwise, which governs the rate, timing, phasing or sequencing of new development or construction in the City, or imposes a residential growth management program or moratorium on development, such Land Use Regulation shall not apply to the Property or the Project or any portion thereof. The intent of the parties in agreeing to this subsection is to avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984) where a subsequent growth management program adopted by initiative prevailed over a prior land use agreement which did not expressly address the timing, phasing or sequencing of development.
d. Changes and Amendments. The parties acknowledge that refinement and/or further Development of the Project will require that changes may be necessary, appropriate and/or desirable to the Current Development Approvals. In the event the Developer finds that a change in the Current Development Approvals is necessary, appropriate and/or desirable, the Developer may apply for a Subsequent Development Approval to effectuate such change and the City shall process and act on such application to approve, approve conditionally, or deny it in accordance with the Current Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Power. Unless otherwise required by law, as determined in the City’s reasonable discretion, a change to the Current Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided, however, that such change does not:
(i) Alter the permitted uses of the Property as a whole; or, -14-
(ii) Increase the density or intensity of use, or number of Residential Units, of the Project as a whole; or,
(iii) Increase the maximum height and size of permitted buildings; or, (iv) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(v) Constitute a project requiring the preparation of an environmental impact report pursuant to Public Resources Code Section 21166. e. Reservations of Power.
(i) Limitations, Reservations and Exceptions. Unless otherwise expressly set forth in this Agreement, or as requested by Developer, only the following Subsequent Land Use Regulations shall apply to the Development of the Property:
a) Processing fees and charges usually and uniformly imposed by the City on applicants and projects to cover the estimated actual costs to the City of processing applications for Development Approvals, for monitoring compliance with any Development Approvals, or for monitoring compliance with environmental mitigation measures. b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. c) The then-current California Building Standards Code referred to in California Health and Safety Code Section 18935 or other successor state statute and other Uniform Construction Codes provided that any such Uniform Code shall apply to the Development only to the extent that the Code has been adopted by the City and is in effect in the City and provided that the Code is (1) necessary to the health and safety of the residents of the City, and (2) are generally applicable on a Citywide basis (except in the event of natural disasters as found by the City Council, such as floods, earthquakes and similar disasters).
d) Land Use Regulations which may be in conflict with the Development Approvals but which are reasonably necessary to protect imminent risk or danger to the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide the Developer with all of the rights and assurances provided under this Agreement. In the event of a dispute between the City and the Developer with respect to this provision, the dispute shall be resolved by a court of competent jurisdiction. -15-
e) Land Use Regulations which are not in conflict with the Development Approvals.
f) Land use Regulations which are in conflict with the Development Approvals provided the Developer has given written consent to the application of such regulations to Development of the Property, which consent may be granted or withheld in the Developer’s sole discretion.
(ii) Conflicts. In the event of any conflict or inconsistency between this Agreement and/or the Development Approvals and any Current Land Use Regulation or Subsequent Land Use Regulation, the provisions of this Agreement and the Development Approvals shall control. Without limiting the generality of the foregoing, any Land Use Regulation or other City law or action shall be deemed to conflict with the Development Approvals or this Agreement if it would accomplish any of the following results, in the absence of the Developer’s vested rights as set forth in this Agreement, either by specific reference to the Project or as part of a general enactment which applies to or affects the Project:
a) Change any land use designation or permitted use of the Project or the Property.
b) Limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (such as water rights, water connections or sewage capacity rights, or sewer connections) for the Project, other than those actions by the City’s utilities that are applied on a uniform and non- discriminatory basis to all other utility customers in the City. c) Limit or control the location of buildings, structures, grading, or other improvements of the Project in a manner that is inconsistent with or more restrictive than the limitations included in the Development Approvals.
d) Limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner except as otherwise expressly provided in this Agreement.
e) Apply to the Property or the Project affordable housing, attainable housing, inclusionary housing, or other similar programs and requirements, including inclusionary housing fees, other than the Affordability Requirements which shall apply to the Affordable Housing Parcel only.
f) Materially delay or materially increase the cost to develop or construct the Project because of the need for additional permits, -16-
entitlements, or approvals from the City other than those required by the Current Land Use Regulations.
g) Impose against the Project any new condition, dedication or other Exaction not specifically authorized by the Current Land Use Regulations, the Current Development Approvals, or this Agreement.
h) Establish, enact, increase, or impose against the Project or the Property any fees or other non-tax obligations other than those specifically permitted by the Current Land Use Regulations (as limited in this Agreement) or connection fees imposed by third party utilities.
(iii) Subsequent Development Approvals. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project.

The City shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. Except as otherwise provided in Section 3.e, the City, in acting on Subsequent Development Approvals, shall apply the Current Land Use Regulations.

This Agreement shall not prevent the City from denying or conditionally approving any Subsequent Development Approval on the basis of the Current Land Use Regulations consistently applied to the Project and all other materially similar projects. The Parties agree that this Agreement shall not modify, alter or change the City’s obligations pursuant to CEQA and acknowledge that future Subsequent Development Approvals may require additional environmental review pursuant to CEQA. (iv) Modification or Suspension by State or Federal Law. In the event that state or federal laws or regulations, enacted after the Effective Date or by determination of a court of competent jurisdiction, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent that the parties agree that it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render the remaining provisions impractical to enforce.
(v) Police Power. The parties acknowledge and agree that the City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions set forth in this Section 3.e are intended to reserve to the City all of its police power which cannot be so limited. (vi) Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess -17-
authority to regulate aspects of the Development of the Property separately from or jointly with the City and this Agreement does not limit the authority of such other public agencies.
f. Development Impact Fees. Developer shall pay only those Development Impact Fees listed in Exhibit C attached hereto for the Project in the amounts, and in the manner, set forth in Exhibit C. No other Development Impact Fees in effect on the Effective Date or adopted by the City after the Effective Date during the Term shall apply to the Development of the Property. Without limiting the foregoing, the Project shall not be subject to any inclusionary housing fees but Developer shall instead cooperate with the City and the Affordable Housing Builder to comply with the Affordable Housing Requirements on the Affordable Housing Parcel. g. Project Plan. Unless otherwise mutually agreed by City and Developer, the Developer Project shall be planned and developed by Developer, and the Affordable Housing Project planned and developed by the Affordable Housing Builder, in substantial conformance with the Preliminary Project Plan and in accordance with the Development Approvals and this Agreement. Developer shall submit a final Project Plan (the “Final Project Plan”) to the City for approval as a Subsequent Development Approval within six (6) months (or such later time as approved by the City Manager) after Closing Date under the DDA. City’s approval of the Final Project Plan shall not be unreasonably withheld provided the Final Project Plan is consistent with the Current Development Approvals and substantially similar to the Preliminary Project Plan attached hereto as Exhibit B.

4. PUBLIC BENEFITS.
a. Extraordinary Benefits. The parties acknowledge and agree that Development of the Property will result in substantial public needs and further acknowledge and agree that this Agreement confers substantial private benefits on the Developer which should be balanced by commensurate public benefits of the types identified below in Sections 4.b through 4.e. Accordingly, the Developer has agreed to deliver the consideration and undertake the obligations of Developer in this Agreement and in the DDA to balance the private benefits conferred on the Developer, to provide public assurance that this Agreement is fair, just and reasonable and prompted by the necessities of the situation, and to provide extraordinary benefits to the City and the public. The Developer acknowledges that this consideration is reasonably related to the impacts of the Project upon the community, and further acknowledges that this consideration is necessary to address the direct impacts caused by the Project. The City hereby acknowledges the fairness and adequacy of such consideration. It is further acknowledged by the parties that neither party would have entered into this Agreement if each party had not acknowledged that a reasonable relationship exists between all exactions imposed and all consideration referenced in this Agreement and the impact of the Project upon the community, and that all exactions imposed and all consideration referenced in this Agreement are fair and adequate. In addition, it is further acknowledged that the City would not have entered into this Agreement if the -18-
Developer had not acknowledged that the direct impacts of the Project warrant the exactions and other terms and conditions of this Agreement. b. Developer DDA Obligations. All of the covenants and obligations of the Developer under the DDA, including, without limitation, Developer’s obligation to design and construct the Backbone Improvements, are incorporated herein and made a part of this Agreement by this reference. Developer shall construct and dedicate to the City all public streets, parks, trails, and other public areas as required by the Development Approvals.
c. Public Park. In lieu of the payment of any Quimby park fees or other Development Impact Fees for parks or open space, Developer will construct and dedicate two (2) public parks in the Project: (1) a main park at approximately 1.66 acres and (2) a linear park at approximately 1.19 acres for a total of 2.76+/- acres of parkland provided (collectively, the “Project Parks”) in accordance with the Current Development Approvals. The construction and dedication of the Project Parks fully satisfies the City’s park dedication and fee requirements for the Project and no other exactions for parks or open space will be required for the Development of the Project.
d. Affordable Housing. City agrees that development of the Affordable Housing Project on the Affordable Housing Parcel by an Affordable Housing Builder in accordance with the Regulatory Agreement and the Entitlements shall meet the Affordability Requirements. City shall take all actions required to release the Regulatory Agreement from all of the Property except the Affordable Housing Parcel (defined below) concurrent with the recordation of the Project Map. The Development Approvals shall identify the location of the Affordable Housing Parcel which shall be included as a separate legal lot (or lots) on the Project Map restricted for the development of the Affordable Housing Project in accordance with the Affordability Requirements and the Regulatory Agreement. Developer intends to Transfer the Affordable Housing Parcel to an Affordable Housing Builder and contract with that Affordable Housing Builder to assume and perform all of the City’s obligations under the Regulatory Agreement with regards to the Affordable Housing Parcel and the Affordable Housing Project and to construct and manage the Affordable Housing Project. Developer’s selection of the Affordable Housing Builder shall be based, in part, upon evaluation criteria, reasonably approved by the City, which will consider a prospective builder’s experience and financial wherewithal in working on projects of similar type, size, scope, and quality. Without limiting the foregoing, the Developer agrees that the Affordable Housing Builder selected by Developer shall have the capital necessary to successfully fund and/or finance the Affordable Housing Project. Developer may also elect at any time after completion of the Backbone Improvements, upon sixty (60) days prior written notice to the City and subject to City’s written acceptance of title to the Affordable Housing Parcel which shall be at City’s sole and absolute discretion, to convey fee title in the Affordable Housing Parcel to the City whereupon the City shall be responsible for the selection and management of an Affordable Housing Builder. City acknowledges and agrees that the timing of -19-
Developer’s Development of the Developer Project shall not be conditioned upon or otherwise delayed or impacted by the timing of the development of the Affordable Housing Project by the City or an Affordable Housing Builder. e. Art in Public Places. Notwithstanding the requirement of the City’s “Art in Public Place Program” as set forth in NMC Chapter 15.44 (the “Public Art Program”), the City agrees that the In-Lieu Contribution or fee payment under the Public Art Program for the Developer Project shall be in the amount set forth in Exhibit C attached (the “Public Art Fee”). Developer may, instead of payment of all or a portion of the Public Art Fee, elect to install artwork within the Project Parks or other public areas within, or in the vicinity of, the Project in accordance with the terms of Exhibit C. The cost or value of such artwork determined in accordance with the Public Art Program shall be a credit against the Public Art Fee.

5. DEVELOPER PROJECT BENEFITS. As a material part of the consideration to Developer for entering into this Agreement, the City hereby covenants and agrees to the following:
a. City DDA Obligations. All of the covenants and obligations of the City under the DDA, including, without limitation, City’s obligations with regards to the Demolition Work and Remediation Work and Affordable Housing, are incorporated herein and made a part of this Agreement by this reference. b. Subsequent Development Approvals. Developer shall submit applications for any and all Subsequent Development Approvals as necessary to develop the Project, subject to the City’s discretionary police powers. Upon submission by Developer of any application, City shall promptly commence and diligently complete all steps necessary to review and process the requested Subsequent Development Approval subject to the terms and conditions of this Agreement and all applicable laws.

Subsequent Approvals contemplated for the Project include, without limitation:
(i) Final Project Plan, Design and Site Plan approvals; (ii) Building Permits;
(iii) Certificates of Occupancy;
(iv) Backbone Improvement and building plans; and
(v)Tentative and Final subdivision map(s)
c. City Processing. City will agree, at Developer’s cost, to retain additional staff if requested by Developer to expedite the processing of Developer’s Subsequent Development Approvals. City shall furnish Developer a rate schedule for this service upon request of Developer. Without limiting the foregoing, to complete the improvement plan and final map review, City agrees that it shall make a good faith effort to return first check prints to Developer no later than four (4) calendar weeks from the date of submittal to City. Upon receipt by City of the second submittal, City shall, provided that Developer adequately responds to City’s comments on the -20-
first check prints, make a good faith effort to review and verify whether or not the second submittal satisfactorily addresses all City comments within two (2) weeks of City’s receipt of such second submittal. City shall make a good faith effort to issue final approval of completed plans and maps, evidenced by the requisite signatures of appropriate City staff members, within one (1) week of City’s receipt of completed plans and maps which are deemed ready for approval, and to place such maps on the next available City Council hearing agenda. d. Project Parking Requirements. City agrees to allocate and restrict public street parking within the Project for the use by Project residents as necessary to meet all of the City’s residential guest parking code requirements for the Project in accordance with the Current Development Approvals. The City agrees that Developer or the Project’s HOA may enforce such parking restrictions by contract with a private traffic enforcement company at the cost of Developer and/or the HOA.
e. Public Financing. The City will cooperate with Developer, as requested by Developer, to provide Mello Roos CFD financing, Enhanced Infrastructure District financing, or other eligible public financing to fund all or some of the Backbone Improvements, Development Impact Fees or the maintenance of any public improvements. Without limiting the foregoing, Developer may elect to petition the City to finance all or portions of the costs of any of the Project’s public improvements to be constructed by Developer using a Community Facilities District (“CFD”). Upon the receipt of such a petition, the City agrees to use reasonable, good faith efforts to promptly proceed with all the actions required to authorize such financing subject to all applicable laws, including Government Code Sections 53311 to 53368.3, inclusive, and all public hearing and validation requirements. City and Developer shall enter into a deposit and reimbursement agreement advancing to the City funds for any and all costs of the City associated with the formation of the CFD. The City shall use good faith efforts to include any such advances in the financing plan for the CFD, which shall be reimbursed to Developer from the proceeds of any bonds issued by the City for the CFD to the extent legally permissible.
f. City Maintenance Covenants/LLMD. City shall at all times maintain all portions of the Property dedicated to the City for public use (the “Dedication Parcels”) together with all improvements that are constructed within the Dedication Parcels, including all landscaping, all in good condition and repair and in full compliance with the terms of all applicable provisions of the Development Approvals and the City Municipal Code. Without limiting the foregoing, the City agrees to form a landscape and lighting maintenance district (“LLMD”) for the Project to maintain all of the Dedication Parcels, including, without limitation, all park, open space, trail, and parkway landscaping and improvements. City and Developer shall enter into a deposit and reimbursement agreement advancing to the City funds for any and all costs of the City associated with the formation of the LLMD. The City shall use good faith efforts to include any such advances to be repaid from the annual -21-
assessments levied and collected within the LLMD to the extent legally permissible.

6. PERIODIC REVIEW FOR COMPLIANCE.
a. Periodic Review. The Director of Community Development for the City or the Planning Commission, as determined from time to time by the Director of Community Development, shall, pursuant to California Government Code Section 65865.1, review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain compliance by the Developer with the terms of this Agreement. The Developer shall submit an annual report, in a form acceptable to the Director of Community Development, within thirty (30) days after written notice from the Director.
b. Special Review. In the event of an alleged default or breach of this Agreement, the City Council of the City may order a special review of compliance with this Agreement at any time. The Director of Community Development or the Planning Commission, as determined from time to time by the Director of Community Development, shall conduct such special reviews.
c. Procedure. During either a periodic review or a special review, the Developer shall be required to demonstrate good faith compliance with the terms of this Agreement.

The burden of proof on this issue shall be on the Developer. Upon completion of either a periodic review or a special review, the Director of Community Development or the Planning Commission, as applicable, shall decide whether the Developer has complied in good faith with the terms of this Agreement.

If the Director of Community Development, or the Planning Commission, as applicable, finds, on the basis of substantial evidence, that the Developer has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. Failure of the City to initiate a periodic review hereunder shall not be considered a default by Developer under this Agreement.

If the Director of Community Development, or the Planning Commission, as applicable, finds, on the basis of substantial evidence, that the Developer is in Default (as defined in Section 7.a below) under the terms and conditions of this Agreement, the Director of Community Development, or the Planning Commission, shall submit its findings to the City Council setting forth the evidence of the Developer’s alleged Default.
d. Proceedings Upon Alleged Default. If, upon a review of the evidence presented to it under Section 6.e, the City determines that the Developer is in Default under this Agreement, the City shall give written notice to the Developer of such determination which notice shall contain a statement of its findings and contentions.

The notice shall be given at least ten calendar days before a scheduled hearing and shall contain:
(i) The time and place of the hearing;
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(ii) A statement of the City’s facts and contentions as to how and in what manner the Developer has failed to perform; and
(iii) Such other information as is reasonably necessary to inform the Developer of the nature of the claims being asserted by the City and of the proceeding. e. Hearing on Default Claim. At the time and place set for the hearing, the Developer shall be given an opportunity to be heard, to present oral and written evidence and to respond to the contentions of the City. If the City Council finds, based upon substantial evidence, that the Developer is in Default under this Agreement, the City Council may, subject to the Developer’s cure rights (if any), exercise its remedies under Section 7.c below. The decision of the City Council shall be final and subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5.
f. Certificate of Compliance. If, at the conclusion of a periodic or special review, the Developer is found to be in compliance with this Agreement, the City shall, upon request by the Developer, issue a Certificate of Compliance (“Certificate”) to the Developer stating that after the most recent periodic review and based upon the information known or made known to the City that (1) this Agreement remains in effect and (2) the Developer is not in Default.

The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance and shall state the anticipated date of commencement of the next periodic review. The Developer may record the Certificate.

The Developer shall be entitled to rely on the Certificate, provided that the City shall not be bound by a Certificate if a Default existed at the time of the review, but was concealed from the Director of Community Development, Planning Commission, or the City Council by the Developer.

7. DEFAULT AND REMEDIES.
a. Default by Developer. The Developer shall be in default (“Default”) under this Agreement for any of the following reasons:
(i) The Developer’s failure to perform any material obligation or comply with any material provision set forth in this Agreement or the Development Approvals; provided, however, the Developer shall be in Default only after the City provides written notice to the Developer of Default setting forth the nature of the Default and the actions, if any, required by the Developer to cure such Default and, where the Default can be cured, the Developer has failed to take such actions and cure such Default within 90 days after the effective date of such notice or, in the event that such Default cannot be cured within such 90 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such Default within such 90 day period and to diligently proceed to complete such actions. -23-
(ii) The Developer is the subject of an order for relief by a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or the Developer applies or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of the Developer and the appointment continues undischarged or unstayed for 90 days; or the arrangement, readjustment of debt, dissolution, custodianship, conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of the Developer and continues undismissed or unstayed for 60 days.
b. Default by City. The City shall be deemed in default in the event of a failure by the City in the performance of a material term of this Agreement; provided, however, the City shall be deemed in default only after the Developer provides the City with written notice of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within 90 days after the effective date of such notice or, in the event that such default cannot be cured within such 90 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 90 day period and to diligently proceed to complete such actions.
c. Remedies. It is acknowledged that the City would not have entered into this Agreement if the Developer had not acknowledged that a reasonable relationship exists between all exactions imposed on the Project as of the Effective Date and all consideration given by this Agreement, and the impact of the Project upon the community. In addition, it is further acknowledged that the City would not have entered into this Agreement if the Developer had not acknowledged that the direct impacts of the Project warrant the exactions imposed on the Project as of the Effective Date and other terms and conditions of this Agreement.

Each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, including termination of this Agreement.
d. Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance is an appropriate remedy for the enforcement of this Agreement and should be available to all parties for the following reasons:

Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, the Developer may be foreclosed from other choices it may have had to utilize the Property. The -24-
Developer has invested significant time and resources and performed extensive planning, processing, and construction of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in further implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate the Developer for such efforts.

8. LITIGATION.
a. General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. The Developer has reviewed the General Plan and concurs with the City’s determination. The parties acknowledge that the City shall have no liability to the Developer under this Agreement for any failure of the Developer to perform under this Agreement or the inability of the Developer to develop the Property as contemplated by the Development Approvals or this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. In the event a determination is made that the General Plan, or portions thereof, is invalid, inadequate or not in compliance with law, the Developer shall have the right, upon delivery of written notice to the City, to terminate this Agreement.
b. Indemnification. Developer agrees to indemnify and hold harmless City and its agents, officers, contractors, attorneys and employees (“Indemnified Parties”) from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement or any Development Approvals or Subsequent Development Approvals pursuant to this Agreement including, without limitation, claims related to the sufficiency of the actions taken to comply with CEQA in connection with the Project. Notwithstanding the provisions of this Agreement, Developer’s obligation pursuant to this Section 8.b is not a benefit or burden running with the land and shall not be assigned to any person without the prior, express written consent of City. Developer’s duties under this Section 8.b are solely subject to and conditioned upon the Indemnified Parties written request to Developer to indemnify the Indemnified Parties. Developer shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within five (5) business days of notice from City of the claim and shall add to the deposit within five (5) business days from City’s request.

Without in any way limiting the provisions of this Section 8.b, the Parties agree that this Section 8.b shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. c. Environmental Assurances. The Developer shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Developer, its officers, agents, employees, contractors, subcontractors and independent contractors for any violation of any -25-
federal, state or local law, ordinance or regulation relating to hazardous or toxic materials, industrial hygiene, or environmental conditions created by the Developer or its officers, agents, employees, contractors, subcontractors and independent contractors after the Effective Date on, under or about the Property, including, but not limited to, soil and groundwater conditions, and the Developer shall defend, at its expense, including attorneys’ fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such action. d. Reservation of Rights. With respect to Sections 8.b and 8.c of this Agreement, the City reserves the right to approve the attorney(s) which the Developer engages to defend the City hereunder, which approval shall not be unreasonably withheld or delayed.
e. Survival. The provisions of Sections 8.a through 8.d, inclusive, shall survive the termination of this Agreement.

9. MORTGAGEE AND REGULATORY COOPERATION.

This Agreement shall not prevent or limit the Developer, in any manner, at the Developer’s sole discretion, from (1) encumbering the Property or any portion of it or any improvement on it by any mortgage, deed of trust or other security interest securing financing with respect to the Property, subject to the terms and conditions of this Agreement, or (2) obtaining the approval of any regulatory agency necessary to the sale or transfer of portions of the Property or interests therein, subject to the terms and conditions of this Agreement. The City acknowledges that secured lenders as well as certain governmental authorities and agencies, including, but not limited to, the California Department of Real Estate (“DRE”), may request certain interpretations and modifications of this Agreement. The City agrees upon request, from time to time, to meet with the Developer and representatives of such lenders and governmental authorities and agencies to consider (in the City’s reasonable discretion) any request for interpretation or modification which is consistent with the intent and purposes of this Agreement and which will not diminish in any manner the benefits of this Agreement to the City.

10. ADMINISTRATION.
a. Recordation. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk, and recordation shall be deemed to be the act of entering into this Agreement for the purposes of California Government Code Section 65868.5.
b. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties with respect to the subject matter hereof. There are no oral or written representations, understandings, undertakings, or agreements which are not contained or expressly referred to in this Agreement, and any such representations, understandings, or agreements not contained or expressly referred to herein are superseded by this Agreement. No evidence of any representations, understandings, or agreements which are not contained or expressly referred to -26-
herein shall be admissible in any proceeding of any kind or nature relating to the terms or conditions of this Agreement, its interpretation, or breach. c. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

Notwithstanding the foregoing, the provisions of Section 3 of this Agreement are essential elements of this Agreement and the City and the Developer would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable by a judicial decision, this entire Agreement shall be null and void and of no force and effect whatsoever.
d. Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel and having fully participated in the negotiation of this Agreement.
e. Headings. All section headings and subheadings are inserted for convenience only and shall have no effect on the construction or interpretation of this Agreement. f. Singular Includes Plural. The singular of any word used in this Agreement includes the plural.
g. No Joint and Several Obligations. If at any time during the term of this Agreement the Property has been subdivided and the subdivided parcels are each owned by separate Developers, then the Default of any Developer as to the portion of the Property owned by such Developer shall not be the Default of all Developers. h. Time is of the Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
i. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand thereafter strict compliance by the other party with the terms of this Agreement.
j. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. -27-
k. Mutual Covenants. The covenants contained in this Agreement are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the benefitted party of the covenants to be performed by such party. l. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act with regard to Development of the Property:
(a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion of it. m. Attorneys’ Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys’ fees and court costs. n. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, and the parties waive all provisions of law providing for the filing, removal or change of venue to any other court.
o. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a private development, that neither party is acting as the agent of the other in any respect, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Developer is that of a government entity regulating the development of private property and the owner of such property. p. Further Actions. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. q. Authority to Execute. The person or persons executing this Agreement on behalf of the Developer warrants and represents that they have the authority to execute this Agreement on behalf of their corporation, partnership or business entity and warrants and represents that they have the authority to bind the Developer to the performance of its obligations hereunder.
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r. Recitals Are a Part. The recitals are made a part of this Agreement. s. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.
[Remainder of Page Left Blank; Signatures Follow Immediately on Next Page] -29-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Reference Date.

CITY OF NORWALK,
a municipal corporation
By: _____________________________
Mayor
ATTEST:

By: ____________________________
City Clerk
APPROVED AS TO FORM:

By:

City Attorney
DEVELOPER:

LEWIS LAND DEVELOPERS, LLC,
a Delaware limited liability company
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation - Its Manager
By: ______________________________
Name: ___________________________
Its: ______________________________
[Notary jurats to be inserted]

EXHIBIT A
Legal Description of Property
All that certain real property situated in the City of Norwalk, County of Los Angeles, State of California described as follows:

EXHIBIT A-1
Map of Property

EXHIBIT B
Preliminary Project Plan

EXHIBIT C
Development Impact Fees
[This Exhibit is a Draft. Final Form to Be Submitted by City and Developer to City Council for Approval]

1.City Park Dedication/Fee Requirement (NMC Section 16.030.090):

NMC Section 16.030.090 requires park dedication of 133.73 sf per residential unit or payment of park fee in-lieu of park dedication.

The Project will satisfy the City Park Fee Requirement by the construction and dedication of two (2) parks in the Project: (1) a main park at 1.66 acres and (2) a linear park at 1.19 acres for a total of 2.76 acres of parkland provided (collectively the “Project Parks”). Assuming a maximum of 770 residential units (as permitted by the Current Development Approvals) at 133.73 SF per unit, the construction and dedication of the Project Parks fully satisfies the City’s Park Dedication/Fee Requirement ---no additional Park Fees will be required.

2.Public Art Fee Requirement (NMC Chapter 15.44):

Developer shall pay the City Public Art Fees that are in effect at the time the ordinance approving this Agreement goes into effect in accordance with NMC Chapter 15.44 (or as otherwise determined and approved for the Project by the City Council), which shall not exceed, and shall be calculated based on, 1% (one percent) of the total project cost according to the value designated on the Building and Safety Department Plan Check and Permit Application in the form attached as Schedule 1 to this Exhibit C to be completed for all grading or building permits issued for the Project.

Developer may, instead of the payment of all or a portion of the Public Art Fee, elect to acquire and install artwork in the Project Parks or other public places on, or in the vicinity of, the Project site in accordance with NMC Sections 15.44.030 A, 15.44.050, 15.44.060 and 15.44.070. The cost or value of such artwork determined in accordance with the Public Art Program shall be a credit against the Public Art Fee.

Without limiting the foregoing, City acknowledges and agrees that Developer may incorporate landscape architecture and landscape gardening and decorative, ornamental or functional elements within the Public Parks for which credit against the Public Art Fee will be provided. Public Art Fee credits shall be reviewed by the Art in Public Places Advisory Committee in accordance with NMC Chapter 15.44 and shall provide its recommendation to the City Council, which shall be approved by the City Council.

NO OTHER DEVELOPMENT IMPACT FEES EXISTING AS OF , OR ADOPTED BY THE

CITY AFTER, THE EFFECTIVE DATE OF THE DEVELOPMENT AGREEMENT, SHALL BE CHARGED TO THE PROJECT.

Schedule 1 to Exhibit C
Form of Permit Application

EXHIBIT D
Description of Backbone Improvements
Public Improvements
Surveying and Staking
Elect Dist System
Street Paving
Curb and Gutter
Sidewalk
Traffic Signals
Other Street Work
Park Development
Perimeter Landscape
Site Work
Surveying and Staking
Demolition
Clearing/Prewater/Mobil
Dirt Haul incl Import/Export
Erosion Control/SWAPP
Over Excavation
Grading/Earthwork
Sewer System
Storm Drain System
Water System
Recycled Water
Electric/Gas
Electrical Distribution
A/C Paving
Curb and Gutter
Sidewalks and Steps
Street Lights
Perimeter Block Walls
Landscaping
Monuments

Norwalk City CouncilApril 15, 2025

Norwalk City Council
April 15, 2025