Santa Fe Springs City Council
March 7, 2023

and Consulting, Inc.

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: City Manager
To Consultant: Southstar Engineering and Consulting, Inc. 1945 Chicago Ave, Suite C-2
Riverside, CA 92507
Attention: Yvette Kirrin, PE

17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the Services to be rendered pursuant to this Agreement, only Yvette Kirrin shall perform the Services described in this Agreement, unless otherwise agreed to by City. Consultant shall provide City fourteen (14) days' notice prior to the departure of Yvette Kirrin from Consultant's employ. Should she leave Consultant's employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual Services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant. Before retaining or contracting with any subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subconsultant, a copy of the proposed written contract between Consultant and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.

18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.

19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.

DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3

and Consulting, Inc.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.

22. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

23. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

24. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

25. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3

and Consulting, Inc.
in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

26. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

27. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrants and represents that they have the authority to execute this Agreement on behalf of said parties and has the authority to bind the parties to the provisions of this Agreement.

28. ELECTRONIC SIGNATURES
The parties acknowledge and agree that execution of this Agreement by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).]

CITY OF SANTA FE SPRINGS SOUTHSTAR ENGINEERING AND
CONSULTING, INC.
____________________________ ____________________________ Travis Hickey, Acting City Manager Yvette Kirrin, President Date: ______________________ Date: _______________________ ATTEST: SOUTHSTAR ENGINEERING AND
CONSULTING, INC.
__________________________ ____________________________ Janet Martinez, City Clerk Amr Abuelhassan, CFO
Date: _______________________
DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3 2/6/2023
2/6/2023 2/6/2023

and Consulting, Inc.

APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A Services
Exhibit B Insurance Requirements
DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3

EXHIBIT A

SERVICES

CITY OF SANTA FE SPRINGS

DIRECTOR OF PUBLIC WORKS

CITY ENGINEER
Job Code:

FLSA Status: Exempt Date Prepared: 1/1/14
Disclaimer: Job descriptions are written as a representative list of the ADA essential duties performed by a job class. They cannot include nor are they intended to include all duties performed by all positions occupying a class.

POSITION PURPOSE:

Under general direction, administers and oversees all Public Works functions to ensure Department is fulfilling its purpose and responsibilities in providing engineering and maintenance services; oversees the comprehensive capital improvement program; ensures that public improvements are designed and constructed in accordance with applicable laws, regulations, and standards; provides general and specific direction to subordinate employees; serves as a member of the City’s Executive and Management Teams.

SUPERVISION RECEIVED:

Receives general direction from the City Manager.

SUPERVISION EXERCISED:

Exercises direct supervision over supervisory, technical, and clerical staff.

EXAMPLES OF DUTIES AND RESPONSIBILITIES:

A. Held in Common:

1. Supports the Mission of the City and its Elected and Appointed Officials.

Exhibits loyalty to the City and its representatives.

2. Provides courteous and timely service to the public as the ultimate employer.

3. Works cooperatively with other City employees.

4. Exhibits integrity and displays ethical behavior.

B. Essential Job Specific Duties:

DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3

1. Provides responsible administrative support to the City Manager in carrying out the functions of the Department.

2. Manages all Public Works functions in the areas of engineering and maintenance, including streets, traffic signals and lighting, municipal water utility, fleet maintenance, and parks and facility maintenance.

3. Oversees the implementation of the City’s capital improvement program.

4. Manages the development and implementation of departmental goals, objectives, policies, and priorities.

5. Directs, oversees, and participates in the development of the work plan; assigns work activities, projects, and programs; monitors work flow; reviews and evaluates work products, methods, and procedures.

C. Other Job Specific Duties

1. Selects, trains, and evaluates personnel; provides or coordinates staff training; works with employees to correct deficiencies.

2. Manages and participates in the development and administration of the Department budget; directs the forecast of additional funds; monitors and approves expenditures; implements adjustments.

3. Represents the Department to other City departments, elected officials, and outside agencies.

4. Responds to and resolves difficult and sensitive citizen inquiries and complaints.

5. Performs related duties as required.

REPRESENTATIVE COMPETENCIES AND QUALIFICATIONS:

The requirements listed below are representative of the knowledge, skill and ability required to satisfactorily perform the jobs essential duties and responsibilities.

Knowledge of:

Public works engineering, water, and field operations.

Civil engineering principles and practices.

Federal, state, and local laws, codes, and regulations related to public works management.

Principles of supervision, training, and performance evaluation.

Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs.

Modem and complex principles and practices of program development and administration.

Advanced principles and practices of budget preparation and administration.

Modern office procedures and equipment including computers.

DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3 Word processing and other related software applications.

Ability to:

Plan, organizes, and implement maintenance activities for public facilities.

Review engineering plans for conformance with codes and standards.

Plan, organize, direct, and coordinate the work of supervisory and technical personnel.

Select, train, and evaluate staff.

Provide administrative and professional leadership and direction.

Identify and respond to community issues, concerns, and needs.

Develop, implement, and administer goals, objectives, and procedures for providing effective and efficient services.

Prepare and administer large and complex budgets; allocate limited resources in a cost effective manner.

Analyze problems; identify alternative solutions and project consequences of proposed actions; implement recommendations in support of goals.

Research, analyze, and evaluate new service delivery methods, procedures and techniques.

Prepare clear and concise administrative and financial reports.

Interpret and apply federal, state, and local policies, procedures, laws, and regulations.

Work collaboratively as a member of the City’s Executive and Management teams.

Make effective public presentations.

Communicate effectively verbally and in writing.

Work with accuracy and attention to detail.

Operate and use modern office equipment.

Effectively organize and prioritize assigned work.

Establish and maintain effective working relationships with other people.

EDUCATION AND EXPERIENCE:

The following requirements generally demonstrate possession of the minimum requisite knowledge and ability necessary to perform the duties of the position. A typical way to obtain these would be:
• Bachelor’s degree in engineering or a related field; additional coursework and/or a Master’s degree preferred.
• Five (5) years of increasingly responsible experience in public works and engineering plus two (2) years of administrative and supervisory experience. Municipal experience highly preferred.
• A valid State of California driver’s license and an acceptable driving record.

Certificate of Registration as a professional civil engineer in the State of California.

WORKING CONDITIONS:

The work environment characteristics described are representative of those an employee encounters in performing the essential functions of this job. • Work is primarily performed indoors.

DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3 • Noise level is quiet to moderate.
• Hazards are minimal.

ESSENTIAL PHYSICAL DEMANDS:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable employees with disabilities to perform the essential duties. • Sit for extended periods of time.
• Walk, stand, and bend.
• Push, pull, and reach overhead and above shoulders.
• See well enough to read documents and operate office equipment. • Lift and move up to 25 pounds.

DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3

EXHIBIT B

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident for bodily injury or disease).

Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3 endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3 Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the Services will be submitted to the City for review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3 eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

DocuSign Envelope ID: 9BF39094-AE42-4B19-9A8F-0E5DF3B2C0F3 City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works

OLD BUSINESS
Traffic Study – Orr and Day Road at Whiteland Street

BACKGROUND
Orr and Day Road is a major arterial highway that runs through the City in a northsouth orientation. The street begins south of Florence Avenue and continues northerly where it undergoes a name change at its intersection with Pioneer Boulevard and continues northerly as Pioneer Boulevard. This report focuses on the segment of Orr and Day Road between Telegraph Road and Pioneer Boulevard. The posted speed limit is 35 miles per hour and the 85th percentile or critical speed was found to be 40 miles per hour. Orr and Day Road is 84 feet wide curb to curb and is striped for two lanes in each direction which are separated by raised, concrete, landscaped medians.

The alignment of Orr and Day Road is generally straight between Telegraph Road and Whiteland Street. A large-radius horizontal curve exists on the section of Orr and Day Road between Whiteland Street and Pioneer Boulevard. The adjacent development along Orr and Day Road is fronting residential with no access or driveways onto Orr and Day Road. Access to these properties is via public alleys that run along the rear of the homes. The average daily traffic for Orr and Day Road is about 14,100 vehicles, measured on November 18, 2021, and is split such that 66% of the traffic is traveling southbound while the remaining 33% is traveling northbound. Parking is generally allowed on both sides of Orr and Day Road with parking prohibitions in place north and south of the intersection with Whiteland Street. There is a ladder-type crosswalk with in-pavement lights and flashing beacons across Orr and Day Road at Whiteland Street.

Whiteland Street is classified as a residential collector street consisting of one lane in each direction and has a prima-facie speed limit of 25 miles-per-hour. Whiteland Street is oriented in an east-west direction. It terminates east of Orr and Day Road at the I605 Freeway on the west. East of Orr and Day Road, it becomes Houghton Avenue after intersecting Pioneer Boulevard. Whiteland Street is flat and has curved alignments east and west of Orr and Day Road. The curb-to-curb width of Whiteland Street is thirty-six (36) feet. The adjacent development is residential and parking is allowed on both sides of Whiteland Street. Whiteland Street traffic is controlled by Stop signs at Orr and Day Road.

The attached study was prepared to evaluate the existing conditions at the intersection to determine if Stop signs were also warranted for Orr and Day Road. The study

RECOMMENDATION
• Consider the installation of a traffic signal at the intersection of Orr and Day Road and Whiteland Street in order to eliminate sight distance impairments; or • Add the Orr and Day Road at Whiteland Street signal project to the Capital Improvement Plan; or
• Appropriate $600,000 from the Utility Users Tax (UUT) Capital Improvement Fund to fund the Orr and Day Road at Whiteland Road signal project ITEM NO. 9
Traffic Study – Orr and Day Road and Whiteland Street Page 2 of 4 Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
indicates that none of the guidelines were satisfied and thus Stop sign installation should not be considered for Orr and Day Road.

Additionally, it was determined that the existing conditions at this location does not meet the criteria for traffic signal control to be installed. Contained within the California Manual of Uniform Traffic Control Devices (MUTCD), 2014 Edition are guidelines that take into consideration various factors including but not limited to traffic volumes, pedestrian volumes, vehicle speeds, collision history, existing traffic control devices, miscellaneous factors, etc. and other significant factors related to the existing operation and safety at the study location.

The MUTCD indicates that traffic signal control should not be installed unless an engineering study indicates that installing a traffic control signal will improve the overall safety and/or operation of the intersection. The study should include existing traffic conditions, pedestrian characteristics, and physical characteristics of the location. The satisfaction of a traffic signal guidelines or warrants shall not in itself require the installation of a traffic signal. Traffic signal control should not be installed if it will seriously disrupt progressive traffic flow.

Below is a listing of the nine (9) traffic signal installation guidelines (warrants) as contained in the 2014 California MUTCD (2014 CA MUTCD) along with a determination if the existing conditions meet or satisfy the guideline that were analyzed for Orr and Day Road/Whiteland Street:

Warrant 1 – Eight Hour Volume (Not Satisfied)
Due to the low approach volumes on Whiteland Street for the eight highest vehicular volume hours, neither Conditions A or B are 100% or 80% satisfied.

Warrant 2 – Four Hour Vehicular Volume (Not Satisfied)
Due to the very low approach volumes on Whiteland Street for the four highest vehicular volume hours, this warrant is not satisfied.

Warrant 3 – Peak Hour Volume (Not Satisfied)
Due to the very low approach peak hour volume on Whiteland Street, this warrant is not satisfied.

Warrant 4 – Pedestrian Volume (Not Satisfied)
Observations indicated that there are very low number of pedestrian and bicyclist crossings at this location. The totals fall below the specified criteria of 190 pedestrians for one hour or 100 or more pedestrians for any four hours of a typical day. Per Part B, the nearest traffic signal along Orr and Day Road is greater than 300 feet. This warrant is not satisfied.

Traffic Study – Orr and Day Road and Whiteland Street Page 3 of 4 Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
Warrant 5 – School Crossing (Not Applicable)
This location is a designated school crossing along Orr and Day Road. Since warning signs, flashing beacons, in-pavement lights and school crossing guards have been provided, this warrant does not apply at this location.

Warrant 6 – Coordinated Signal System (Not Satisfied)
The existing traffic signal at Telegraph Road/Orr and Day Road is more than 800 feet from Orr and Day Road/Whiteland Street but Orr and Day Road is not part of a coordinated signal system, and there is no need to maintain the proper platooning of vehicles. This warrant is not satisfied.

Warrant 7 – Crash Experience (Not Satisfied)
A review of existing collision records indicates that there have been two reported collisions in the past 12 months with only one possibly being susceptible to correction by a traffic signal. The data is depicted graphically in the attached traffic study. This warrant is not satisfied.

Warrant 8 – Roadway Network (Not Satisfied)
The requirement that both intersecting streets meet the characteristics of major routes is not satisfied by Whiteland Street, which is a residential collector street. This warrant is not satisfied.

Warrant 9 – Intersection near a Grade Crossing (Not Satisfied) This warrant does not apply since the intersection is not located near a grade crossing.

ASSESSMENT
None of the traffic signal guidelines are met, however, due to the curvature of Orr and Day Road, there is a demonstrated sight distance impairment for southbound Orr and Day Road traffic that prevents motorists from having adequate visibility of eastbound traffic on Whiteland Street that is either crossing or turning onto Orr and Day Road. In an ideal situation, parking restrictions could be implemented along the west side of Orr and Day Road north of Whiteland Street, but in the existing condition, the removal of street parking would create a hardship for the residents living in that area. They have no driveway access to their property from Orr and Day Road and only have alley access from the rear of their property. Since parking is not allowed in the alleys, the residents and any visitors would be forced to find alternate parking areas in the residential area west of Orr and Day Road. In Part 4 of the 2014 CA MUTCD (Highway Traffic Signals) does make reference to “sight distance restrictions” but sight distance restrictions are not included in any of the specific guidelines but definitely do impact the traffic safety at an intersection.

The underlying goal is to increase the overall safety to all users of this intersection.

Since implementing parking restrictions to improve sight distance would create hardships for a number of residents on the west side of Orr and Day Road, the Council, in order to justify a traffic signal installation, may want to consider the improvement of Traffic Study – Orr and Day Road and Whiteland Street Page 4 of 4 Report Submitted By: Yvette Kirrin Date of Report: March 2, 2023 Interim Director of Public Works
the sight distance conditions between eastbound Whiteland Street and southbound Orr and Day Road that would result and order the installation of a traffic signal at Orr and Day Road/Whiteland Street.

FISCAL ASSESSMENT
The traffic signal at Orr and Day Road and Whiteland Street project has a total estimated cost of $600,000 and can be funded by Utility Users Tax (UUT) Capital Improvement Funds.

INFRASTRUCTURE ASSESSMENT
The installation of a traffic signal at Orr and Day Road at Whiteland Street will improve the safety at the intersection and the operation and maintenance of an additional traffic signal can be absorbed into the existing traffic signal budget.

Tom Hatch
Interim City Manager
Attachments:

1. Sight Distance Figure, Eastbound Whiteland Street at Orr and Day Road

2. Orr and Day Road/Whiteland Street Traffic Study

TRAFFIC STUDY
for
Orr & Day Road
At Whiteland Street
in the
December 2022

PREPARED BY

DEPARTMENT
OF

PUBLIC WORKS
Approved by:

Noe Negrete, P.E.

Director of Public Works
City Engineer
Elias Garcia, P.E., T.E.

City Traffic Engineer
Orr & Day Traffic Study
Department of Public Works Page 1
SECTION 1.0

INTRODUCTION
Over the past years, the City has received public inquiries concerning the intersection of Orr & Day Road at Whiteland Street. Residents expressed their concerns with vehicle speeding, drivers failing to yield to pedestrian crossings, sight visibility, and with collision history. In response to this, City engineers have performed multiple traffic studies, recommended enhancements, and have consistently monitored this intersection up to date.

Enhancements include the addition of thermoplastic striping, light beacons for pedestrian crossings, the addition of advance warning signage, installation of a higher visibility crosswalk, in-pavement flashers, and parking restrictions for sight visibility purposes. Analyses for the installation of all-way stop controls have also been performed with the conclusion that the intersection does not meet the state warranting criteria.

The purpose of this report is to document the results of a comprehensive engineering traffic study for the intersection of Orr & Day Road at Whiteland Street. This report considers latest data collection, latest analyses, recent enhancements, and previous studies. Our engineering team conducted first-hand field investigations on multiple occasions on different days and times of the week. The results and recommendations of this study comply with state and federal regulations. “Figure 1” is an aerial of the intersection.

Figure 1: Orr & Day Rd at
Whiteland St
Orr & Day Traffic Study
Department of Public Works Page 2
SECTION 2.0

STUDY METHODOLOGY
The study involved five categories of data collection and analysis. The five categories were: (1) existing conditions; (2) volume counts; (3) stopping sight distance analysis, (4) collision analysis; and a (5) warrant analysis.

Orr and Day Road was surveyed by field observation to determine the existing roadway characteristics, which include, condition and placement of signs and markings, adjacent land uses, pedestrian and bicycle activity, to identify roadway characteristics that are not readily apparent to vehicular drivers.

Vehicle volume count data was collected on different days of the week during normal school hours outside of holidays, special events, or circumstances that would considerably impact traffic conditions for this study. Data collection began in October of 2022 and was finalized in December of 2022.

A Stopping Sight Distance analysis was conducted at the intersection of Orr and Day Road and Whiteland Street according to best practices and guidelines stipulated in the Highway Design Manual published by the California Department of Transportation.

Accident data was gathered from the City’s accident records database for the period of January 2018 to December of 2022 (five years) for this intersection. Using the latest records, the accident rate was calculated according to federal guidelines and compared with Statewide expected crash rates in this report.

An all-way stop sign warrant analysis was performed using the latest traffic volumes and collision records. The analysis was performed in accordance with State procedures. A summary was developed with recommendations as part of the analysis.

Orr & Day Traffic Study
Department of Public Works Page 3
SECTION 3.0

EXISTING CONDITIONS
Orr and day Road is a north-south major arterial highway between Telegraph Road and Charlesworth Road that is 84’ wide, with raised landscaped medians, dividing two lanes of traffic in both directions. Orr and Day becomes Pioneer Boulevard just north of Whiteland Street before Charlesworth Road. The alignment of Orr and Day Road is straight between Telegraph Road and Whiteland Street and there is a slight bend to the west between Whiteland Street and Pioneer Boulevard. On-street parking is generally allowed on Orr and Day Road along this corridor, except adjacent to intersections. The posted speed limit on Orr and Day Road is 35 miles per hour, based on the latest engineering and traffic survey. The 85th percentile or critical speed was found to be 40 miles per hour.

Whiteland Street is generally an east-west minor residential collector roadway, that connects local streets and alley-ways for residential blocks on the west and east sides of Orr and Day Road. The residential block on the west side includes approximately 100 single-family residential homes and is bordered by the 605 Interstate freeway. This residential block has a total of four (4) access roads, including Whiteland Street. The residential block on the east side is much larger with many more access roads connecting all local streets, including Whiteland Street. On-street parking is generally allowed on Whiteland Street. The posted speed limit on Whiteland Street is 25 miles per hour based on the prima facie.

At the intersection of Orr and Day Road and Whiteland Street, the minor street is stop controlled on both approaches. The major road is uncontrolled with the exception of yielding, to pedestrian crossings. There are existing flashers, yellow marked ladder-type crosswalk, push-button activated flashing in-pavement markers, and pole mounted flashing beacons. The yellow crosswalk is supplemented with advance pedestrian crossing signage placed on each approach, and in advance of the crossing and “Slow School Xing” pavement markings located in advance of the crossing. “Figure 2” is an aerial of the existing conditions described.

Orr & Day Traffic Study
Department of Public Works Page 3
Figure 2: Existing Conditions
Orr & Day Traffic Study
Department of Public Works Page 4

3.1 VOLUME COUNTS
Latest volume counts for vehicles and pedestrians were collected to perform all analyses in this report. Vehicle count data was carefully planned and taken outside of holidays, holiday periods, roadway closures, construction, and circumstances that could have skewed the data from normal everyday traffic patterns. Data collection and field investigations began in October of 2022 and concluded by mid-December of 2022.

Approximately 14,000 vehicles use Orr and Day Road between Telegraph Road and Charlesworth Road daily.

Peak weekday traffic times are generally between 7:30 – 8:30 AM and between 6:30 – 7:30 PM. On weekends, the average daily traffic is 8,900 vehicles and the peak time is between 11:00 AM and 3:30 PM.

Considering “worst case scenario”, a depiction of vehicle turning movements at the intersection is shown on “Figure 3”.

The findings indicate that during the AM peak times, there is approximately 53 vehicles entering the intersection from the minor street and about 1,100 vehicles from the major street. During the PM peak times, there is approximately 63 vehicles entering from the minor street and about 1,324 vehicles from the major street. The disparity of traffic volumes between Whiteland Street and Orr and Day Road is significant given that 7% of the average daily traffic enters the intersection from the minor street during peak periods.

Figure 3: Turning Movements
Orr & Day Traffic Study
Department of Public Works Page 5

3.2 STOPPING SIGHT DISTANCE ANALYSIS
The purpose of conducting a stopping sight distance analysis is to determine if there is sufficient distance for a moving vehicle to spot traversing traffic, react by hitting the brakes, and come to a complete stop in advance of the object.

To conduct the analysis, our team used the prescribed stopping sight distances shown on Table 201.1 of the Highway Design Manual (HDM). Orange traffic cones with high intensity reflective tape were placed on the eastbound, southbound, and northbound approaches at the distance shown on the table. To fulfill the intention of this analysis, distances for the existing posted speed limit plus five (5) miles per hour were considered. After placing all cones on the roadway, our team test drove all lanes and approaches. Our team then captured multiple point-of-view pictures from all approaches. Depending on visibility of the orange traffic cones, engineers then made conclusive judgements on parking restrictions and removal of objects that lie within the line of sight.

Table 201.1 - Highway Design Manual
Orr & Day Traffic Study
Department of Public Works Page 6
The following figures depict aerial views of the cone placements followed by pictures taken from point-of-view perspectives.
“Figure 4” is an aerial view of Orr and Day Road at Whiteland Street that shows the placement of cones at 300- feet (40 MPH) north and south from the eastbound approach. The red line is the recommended line-of-sight. “Figures 5” is an aerial close-up of the northbound Orr and Day Road approach to Whiteland Street. The line of sight is shown in red with proposed object removals that lie in the center median nose.

Figure 4: SSD Eastbound Whiteland St Approach
Figure 5: SSD Eastbound Whiteland St
vs Northbound Orr and Day Rd
Orr & Day Traffic Study
Department of Public Works Page 7
“Figure 6” is a point-of-view picture at the eastbound Whiteland Street approach facing southbound Orr and Day Road. The orange traffic cone can be seen at a distance of 300-ft. “Figures 7” and “8” are point-of-view pictures from the northbound Orr and Day Road #1 & #2 lanes approaching Whiteland Street. The orange traffic cone can be seen from both lanes at a distance of 300-ft.

Figure 6: SSD Eastbound Whiteland St
Facing Southbound Orr and Day Rd
Figure 7: SSD Northbound Orr and Day Rd
Approaching Whiteland St #1
NB Approach Lane #1
CONE
CONE
Orr & Day Traffic Study
Department of Public Works Page 8
“Figure 9” is an aerial close-up of southbound Orr and Day Road approaching Whiteland Street. The line of sight is shown in red with proposed parking restriction to increase visibility at the approach.

Figure 8: SSD Northbound Orr and Day Rd
Approaching Whiteland St #2
CONE
Figure 9: SSD Eastbound Whiteland St
vs Southbound Orr and Day Rd
Orr & Day Traffic Study
Department of Public Works Page 9
“Figure 10” is a point-of-view picture at the eastbound Whiteland Street approach facing northbound Orr and Day Road. Visibility of the orange traffic cone placed at a distance of 300-ft (40 MPH) is obstructed by vehicle onstreet parking. “Figures 11” and “12” are point-of-view pictures from the southbound Orr and Day Road #1 & #2 lanes approaching Whiteland Street. The orange traffic cone cannot be seen from either lane. On-street parking obstructs visibility.

Figure 10: SSD Eastbound Whiteland St
Facing Northbound Orr and Day Rd
Figure 11: SSD Southbound Orr and Day Rd
Approaching Whiteland St #1

CONE NOT

VISIBLE

CONE NOT

VISIBLE
Orr & Day Traffic Study
Department of Public Works Page 10
Based on the conservative criteria of five (5) miles per hour above the posted speed limit, the findings support considerations to enhance visibility distances at this location. Due to the curved horizontal roadway features north of the intersection, the eastbound vs southbound approach was found to have greater impact compared to the eastbound vs northbound approach. It is clear from the point-of-view images for both SB Approach Lanes, that the line of sight is obstructed by parked vehicles. This is an indication that parking restrictions may be recommended. The westbound vs northbound and southbound approach was also vetted for sight visibility purposes. The following figures were used to determine recommendations for the westbound approach.

Figure 12: SSD Southbound Orr and Day
Rd Approaching Whiteland St #2

CONE NOT

VISIBLE
Figure 13: SSD Westbound Whiteland St Approach
Orr & Day Traffic Study
Department of Public Works Page 11
“Figure 14” is an aerial close-up of the northbound Orr and Day Rd approaching Whiteland Street. The line of sight is shown in red.
“Figure 15” is a point-of-view picture at the westbound Whiteland Street approach facing southbound Orr and Day Road.

CONE
Figure 14: SSD Westbound Whiteland St
vs Northbound Orr and Day Rd
Figure 15: SSD Westbound Whiteland St
Facing Southbound Orr and Day Rd
Orr & Day Traffic Study
Department of Public Works Page 12
“Figure 16” is a point-of-view picture from the northbound Orr and Day Road #2 lane approaching Whiteland Street.
“Figure 17” is an aerial close-up of southbound Orr and Day Road approaching Whiteland Street. The line of sight is shown in red with proposed object removals that lie in the center median nose.

CONE
Figure 16: SSD Northbound Orr and Day Rd
Approaching Whiteland St #2
Figure 17: SSD Westbound Whiteland St
vs Southbound Orr and Day Rd
Orr & Day Traffic Study
Department of Public Works Page 13
“Figure 18” is a point-of-view picture at the westbound Whiteland Street approach facing northbound Orr and Day Road.
“Figure 19” is a point-of-view picture from southbound Orr and Day Road # 1 lane approaching Whiteland Street.

The findings indicate that there is opportunity to improve visibility for all approaches at the intersection of Orr & Day Rd at Whiteland St. Recommendations are provided in section 4 of this report.

CONE
CONE
Figure 18: SSD Westbound Whiteland St
Facing Northbound Orr and Day Rd
Figure 19: SSD Southbound Orr and Day Rd
Approaching Whiteland St #1
Orr & Day Traffic Study
Department of Public Works Page 14

3.3 ACCIDENT RATE ANALYSIS
The purpose of the accident rate analysis is to identify potential safety issues that may be susceptible to correction by means of a multi-way traffic control. Although State guidelines recommend using three (3) years of collision data for this analysis, our engineering team went ahead and used five (5) years of collision data, dating back to 2018. Traffic collision data was carefully analyzed considering roadway elements, contributing circumstances to crashes, crash severity, crash type, and traffic levels. The Intersection Rate was calculated and used to compare with the expected intersection rate.

Figures 20 to 23 depict the reported collisions at this intersection.

Figure 20: Collision Diagram (18-900131)
Orr & Day Traffic Study
Department of Public Works Page 15
Figure 21: Collision Diagram (18-901511)
Figure 22: Collision Diagram (19-902258)
Orr & Day Traffic Study
Department of Public Works Page 16
The analysis indicates that there have been a total of four (4) collisions reported since 2018. Two (2) occurred in 2018, one (1) in 2019, and one (1) in 2022. Three (3) of these collisions were reported “right-of-way violation” as the primary cause and one (1) was reported “hit and run”. After careful investigation of the reported incidents, as deemed by the State of California, it was determined that all four (4) of the collisions are not susceptive to correction by means of a multi-way traffic control at this intersection. However, for the purposes of this analysis, a total of three (3) incidents were considered to perform the accident rate analysis per state guidelines.

The accident rate was calculated according to the Federal Highway Administration (FHWA) guidelines as stipulated in the Intersection Safety Section of the “Manual For Local Rural Road Owners”, which includes the total number of intersection n-related crashes in the study period, the number of years of data, and daily traffic volumes entering the intersection multiplied by 1,000,000 to attain a crash rate per million entering vehicles (MEV). The equation is shown below.

HCM Orr & Day Rd / Whiteland St

 ,,∗

∗
∗

→ 0.109  ,,∗

∗
∗,
Where:

R = Crash rate for the intersection expressed as crashes per million entering vehicles (MEV) C = Total number of intersection-related crashes in the study period N = Number of years of data
V = Traffic volumes entering the intersection daily
The Statewide Expected Crash Rate is 0.20 crashes per million entering vehicles. The calculated intersection accident rate of 0.109 crashes per million entering vehicles is below the expected rate for this intersection.

Figure 23: Collision Diagram (22-903041)
Orr & Day Traffic Study
Department of Public Works Page 17

3.4 WARRANT ANALYSIS
Based on the latest data collection of volume and data, and existing roadway conditions, our engineering team performed an investigation to determine if the intersection of Orr and Day Road at Whiteland Street warrants the installation of a multi-way Stop control. The following is the warrant investigation.

Orr & Day Traffic Study
Department of Public Works Page 18
SECTION 4.0

FINDINGS AND RECOMMENDATIONS
Existing Conditions
The findings of this study confirm that enhancements to improve the existing crosswalk, signage, and pavement markings at Orr and Day Road (Main Street) and Whiteland Street (Side Street) should be considered. Installation of crossing enhancements and updated warning signage is recommended for this location.

Volume Counts
Vehicle volume data confirms that there is a significant disparity of traffic on the main street versus traffic on the side street. The latest volume data was used to support all analyses performed in this study.

Stopping Sight Distance Analysis
The stopping sight distance analysis shows that there is an opportunity to increase visibility for all approaches to the intersection. Therefore, it is recommended that increase parking restrictions and removal of those objects directly in the line of sight are considered.

Collision Analysis
The collision analysis indicates that the intersection crash rate is well under the statewide expected crash rate.

Based on this, there is not an immediate safety concern.

Warrant Analysis
According to the all-way stop sign warrant analysis, this intersection does not meet the CA State and Federal warranting criteria for a multi-way stop control. Therefore, to maintain the integrity and safety performance at this location, the installation of an all-way stop or traffic signal control is not recommended at this intersection.

The following recommendations are based on the findings of this study and may be considered as an upgrade for this intersection.

Crosswalk Improvements (Exhibit 1)
• Fluorescent Green Signs
• New Yield Lines (Thermoplastic Paint)
• “Yield Here to Pedestrians” Signs
• Rectangular Rapid Flashing Beacons (Push-Button Activated) Sight Distance Improvements (Exhibit 1)
• Parking Restrictions (Red Curb Southbound Approach)
• Palm Tree Removals (North/Southbound Median Nose)
Future Lane Reductions (Exhibit 2)
• 2/2 to 1/1 Lane Reduction
• 5’ Bicycle Lane with 4’ Buffer
• Telegraph Road to s/o Broaded Street
Orr & Day Traffic Study
Department of Public Works Page 19 Exhibit 1: Crosswalk and Sight Distance Improvements Orr & Day Traffic Study
Department of Public Works Page 20 Exhibit 2: Lane Reductions Orr & Day Traffic Study
Department of Public Works Page 21
All recommendations in this report were carefully vetted prioritizing public safety for all users.

Crosswalk improvements were found to be the most feasible for installation considering design, bid, and construction. It
Crosswalk improvements were found to be the most feasible and It is recommended the work performed is separated into multiple phases beginning with the crosswalk improvements.

Implementation of each recommended improvement will positively enhance the performance Our recommendations in figures X:1 and X:2 address all the criteria we discussed throughout our report. As a result of the team's report, we recommended several options within both figures above to further enhance the intersection of Orr and Day Road and Whiteland Street. As shown in Figure X:1, multiple improvements are recommended for the westbound and eastbound approaches to Whiteland. We also recommend enhancing the pedestrian crosswalk with new fluorescent green signs, new flashing beacons, and multiple new yield pavement markings. This will help drivers see the designated area where pedestrians may cross the road. Based on the sight distance study shown in figure X, the team recommends removing trees on the median to further improve the line of sight with no obstructions from trees. It is also recommended that some parking restrictions are put in place on the southbound direction of Orr and Day road to further improve the line of sight for the approaches on Whiteland on the eastbound direction based on our engineering team’s sight distance study in figure X. In Figure X:2 our team recommends another way of improving the current state of the intersection. In Figure X:2 we add a dedicated bike lane as well with dedicated parking for the residents living on Orr and Day road. We also remove one lane on both the southbound and northbound direction of Orr and Day road to have a better line of sight for the oncoming approaches from the eastbound and westbound direction of Whiteland.

City of Santa Fe Springs
City Council Meeting March 7, 2023
Report Submitted By: Travis Hickey Date of Report: March 2, 2023 Finance and Administrative Services

NEW BUSINESS
Resolution No. 9855 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act

BACKGROUND
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.

The measure, sponsored by the California Business Roundtable, would have significant negative impacts on the City of Santa Fe Springs operations and core service delivery.

MAJOR PROVISIONS
Fees and Charges1:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.
• Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”2 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
• Prohibits fees on new development based on vehicle miles traveled. 1 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
2 Initiative No. 21-0042A1 (pg.5; (3))

RECOMMENDATION(S)
Adopt Resolution No. 9855 Opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act.

ITEM NO. 10
Resolution No. 9855 Opposing Initiative No. 21-0042A1 Page 2 of 4 Report Submitted By: Travis Hickey Date of Report: March 2, 2023 Finance and Administrative Services
Taxes3:
• Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted4.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council. • Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.5 • Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service)
• New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.

Fines and Penalties6:
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

DISCUSSION
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative. Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.
3 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
4 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g) 5 Initiative No. 21-0042A1 (pg.6 (3))
6 Initiative No. 21-0042A1 (pg. 5 (4))
Resolution No. 9855 Opposing Initiative No. 21-0042A1 Page 3 of 4 Report Submitted By: Travis Hickey Date of Report: March 2, 2023 Finance and Administrative Services
Major examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
• Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Hundreds of local tax measures were approved in 20227 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voterapproved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval. Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively-imposed fines and penalties into taxes 7 http://www.californiacityfinance.com/Votes2211final.pdf Resolution No. 9855 Opposing Initiative No. 21-0042A1 Page 4 of 4 Report Submitted By: Travis Hickey Date of Report: March 2, 2023 Finance and Administrative Services
unless a new, undefined, and ambiguous “adjudicatory due process” is followed.

This provision may put at risk authority to impose fines and penalties for violations of state and local law.

FISCAL IMPACT
The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government. For the City of Santa Fe Springs the Act would have the potential to put millions of dollars in revenues from fees, taxes, and fines in jeopardy.

Tom Hatch
Interim City Manager
Attachment(s):

1. Full text of ballot Initiative 21-0042A1

2. Endorsement Request – Taxpayer Protection and Government Accountability Act

3. Email from Carolyn E. Coleman, Executive Director and CEO, League of California Cities
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APITO L MALL, S UITE 600
SACRAMENTO, CALIFOE=INIA 95014
(916) 44;a-7757
FAX [916) 44-;a-77 59
www.bmhlaw.com
January 4, 2022
2 1 - 0 0 4 2

RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:

Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W.
~ Hiltachk
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.

If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2 (CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.

Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3 that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4 .lfl..W 11General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute.
(f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.

Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5 (7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.

The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1 and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 From: City_managers <[email protected]> On Behalf Of Carolyn Coleman Sent: Tuesday, February 21, 2023 2:18 PM
To: [email protected]
Subject: [City_managers] California Business Roundtable Outreach to City Officials - PLEASE REVIEW CAUTION: This email originated from outside our organization. Exercise caution when replying, opening attachments or clicking links.

February 21, 2023
To: City Managers
From: Carolyn Coleman, Executive Director and CEO, League of California Cities Re: California Business Roundtable
Great to see everyone at the City Managers Conference in Carlsbad! As a follow up to my remarks during Conference, I wanted to let you know that the California Business Roundtable has mailed a letter and fact sheet to Mayors and Council Members throughout the state requesting they endorse the Taxpayer Protection and Government Accountability Act (see attachment).

In anticipation of you receiving questions from your elected officials, I want you to know the letter and fact sheet mischaracterize the impacts the measure will have on cities if the voters approve it in November 2024.

Specifically, the measure:
 Does not clear up “confusion” about what a tax is. Rather, it expands what a tax is by converting some fees into taxes.
 Does not preserve the predictability of tax dollars. It actually creates fiscal uncertainty by making the measure retroactive to Jan. 1, 2022.  Does not preserve local control. It prevents a city from negotiating the rental and sale of its own property.
 Cannot “eliminate hidden taxes” because there is no such thing as a hidden tax.
 Cannot “require truthful descriptions of new tax proposals” because truthful descriptions are already required. A general tax can be used for any governmental purpose, and a special tax must be used for the particular purpose earmarked by the voters.
 Falsely argues that “massive increases in taxes and fees” punish hard-working families, when the measure in fact makes it more difficult for a city to punish municipal code violators and protect residents.

No matter how the California Business Roundtable tries to paint a different picture, let me be clear: this measure is one of the biggest threats to local control that we have ever faced.

Why do we all oppose it?
 This measure calls for stricter rules for raising taxes, fees, assessments, and property-related fees that fund critical local services.  The measure puts at risk the billions of dollars currently dedicated to funding critical local services by creating new mechanisms to challenge or repeal local revenue-raising measures.
 It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services that support homeless residents, mental health services, and more.  The measure reduces funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

Your regional public affairs manager has shared an Action Alert calling on all cities to adopt a resolution formally opposing this measure. Currently, over 100 cities have passed resolutions. If you have not already adopted one, be sure your city is on record opposing this dangerous ballot measure as soon as possible.

Thank you for all you do and for supporting Cal Cities! As always, please do not hesitate to reach out to me if you have any questions.

Carolyn
Carolyn M. Coleman
Executive Director and CEO
League of California Cities
Office: 916.658.8275
Cell: 916.769.5729
[email protected] | www.calcities.org
Twitter │ Facebook │ YouTube │ LinkedIn
City Council Meeting March 7, 2023
Report Submitted By: Janet Martinez, City Clerk Date of Report: March 2, 2023 City of Santa Fe Springs

PRESENTATION
Proclamation – Proclaiming the Month of March 2023 as “Women’s History Month”

BACKGROUND
Women’s History Month is a dedicated month to reflect on the often-overlooked contributions of women to United States history. From Abigail Adams to Susan B.

Anthony, Sojourner Truth to Rosa Parks, the timeline of women’s history milestones stretches back to the founding of the United States.

The actual celebration of Women’s History Month grew out of a weeklong celebration of women’s contributions to culture, history and society organized by the school district of Sonoma, California, in 1978. Presentations were given at dozens of schools, hundreds of students participated in a “Real Woman” essay contest and a parade was held in downtown Santa Rosa.

A few years later, the idea caught on within communities, school districts and organizations across the country. In 1980, President Jimmy Carter issued the first presidential proclamation declaring the week of March 8 as National Women’s History Week. The U.S. Congress followed suit the next year, passing a resolution establishing a national celebration. Six years later, the National Women’s History Project successfully petitioned Congress to expand the event to the entire month of March.

Tom Hatch
Interim City Manager
Attachment:

1. Proclamation

RECOMMENDATION(S)
• Proclaim March 2023 as “Women’s History Month”
ITEM NO. 11B
Attachment
Whereas American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways;
Whereas American women have played and continue to play critical economic, cultural, and social role in every sphere of the life of the Nation by constituting a significant portion of the labor force working inside and outside of the home;
Whereas American women have played a unique role throughout the history of the Nation by providing the majority of the volunteer labor force of the Nation; Whereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; Whereas American women have served our country courageously in the military; Whereas American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and Whereas despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history:

Now, therefore, be it resolved that the City of Santa Fe Springs proclaim the month of March 2023 as “Women’s History Month”.

Dated this 7th day of March 2023.
__________________________

JUANITA MARTIN, MAYOR
ATTEST:
____________________________

JANET MARTINEZ, CITY CLERK
City City Council Meeting March 7, 2023
Report Submitted By: Janet Martinez, City Clerk/ Date of Report: March 2, 2023 Fernando Muñoz, Deputy City Clerk
City of Santa Fe Springs

APPOINTMENTS TO COMMITTEES AND COMMISSIONS
Committee Vacancies Councilmember
Historical & Preservation 3 Rounds
Historical & Preservation 1 Zamora
Historical & Preservation 1 Sarno
Historical & Preservation 3 Martin
Family & Human Svcs 1 Rounds
Family & Human Svcs 1 Rodriguez
Family & Human Svcs 1 Martin
Parks & Recreation 3 Zamora
Parks & Recreation 1 Sarno
Parks & Recreation 2 Rodriguez
Senior 3 Rounds
Senior 2 Zamora
Senior 2 Sarno
Senior 4 Rodriguez
Senior 2 Martin
Youth Leadership Committee 2 Rounds
Youth Leadership Committee 2 Zamora
Youth Leadership Committee 2 Sarno
Youth Leadership Committee 2 Rodriguez
Youth Leadership Committee 4 Martin
Applications Received: None
Recent Actions: None
Tom Hatch
Interim City Manager
Attachment(s):

1. Prospective Members

2. Committee Lists
ITEM NO. 14
Prospective Members for Various Committees/Commissions
Historical & Community Preservation
Family & Human Services
Heritage Arts
Personnel Advisory Board
Parks & Recreation
Planning Commission
Senior
Traffic Commission
Youth Leadership
9:30 a.m., Library Community Room
Qualifications: 18 Years of age, reside or active in the City Membership: 20 Residents appointed by City Council
Council Liaison: Vacant

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Maria Salazar
Vacant
Vacant
Vacant
Zamora Hilda Zamora*
Marina Gurrola
Mary Arias
Vacant
Sarno Linda Vallejo*
Sally Gaitan
Jeannette Lizarraga
Vacant
Rodriguez Elena Lopez*
Mark Scoggins
Gloria Maghame
Blake Carter*
Martin Julie Garcia
Vacant
Vacant
Vacant

HISTORICAL & COMMUNITY PRESERVATION COMMITTEE
Meets the fourth Wednesday of each month
Qualifications: 18 Years of age, reside or active in the City Membership: 15 Residents Appointed by City Council
Council Liaison: Sarno

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Miriam Herrera
Gilbert Aguirre
Vacant
Zamora Francis Carbajal*
Gabriela Garcia
Christina Colón
Sarno Janie Aguirre
Peggy Radoumis
Dolores Duran
Rodriguez Adrianne Karnofel
Elena Lopez*
Vacant
Martin Bonnie Fox
Laurie Rios*
Vacant
*Indicates person currently serves on three committees
Meets the third Wednesday of the month, except Jun., Sept., and Dec., at 5:45 p.m., Gus Velasco Neighborhood Center
5 Social Service Agency Representatives Appointed by the Committee

FAMILY & HUMAN SERVICES ADVISORY

COMMITTEE

HERITAGE ARTS ADVISORY COMMITTEE
Qualifications: 18 Years of age, reside or active in the City Membership: 9 Voting Members

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Maria Salazar
Zamora Hilda Zamora*
Sarno Peggy Radoumis
Rodriguez Francis Carbajal*
Martin Laurie Rios*
Vacant
Gloria Maghame
Vacant
Vacant
Council Liaison Bill Rounds
Council Alternate Vacant
Vacant
Maricela Balderas
Wayne Morrell
*Indicates person currently serves on three committees
City Manager
Director of Community Services
Director of Planning
Council/Staff Representatives
Chamber of Commerce
Committee Representatives
Meets the Last Tuesday of the month, except Dec., at 9:00 a.m., at the Gus Velasco Neighborhood Center Room 1
6 Non-Voting Members
Family and Human Services Committee
Historical & Comm. Preservation Committee
Planning Commission
Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Rounds

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds David (Kurt) Hamra
Joe Avila
Eddie Barrios
Ralph Aranda
William Logan
Zamora Blake Carter*
John Mora
Vacant
Vacant
Vacant
Sarno Dani Cook
Kerry Ann Cobos
Jeannette Lizarraga
Mark Scoggins
Vacant
Rodriguez Priscilla Rodriguez
Lisa Garcia
Johnny Hernandez
Vacant
Vacant
Martin Elizabeth Ford
Andrea Lopez
Nancy Krueger
Dolores Romero
Mary Anderson
*Indicates person currently serves on three committees
Meets the First Wednesday of the month, except Jul., Aug., and Dec., 6:30 p.m., Town Center Hall, Meeting Room #1
Subcommittee Meets at 5:30 p.m.

PARKS & RECREATION ADVISORY

COMMITTEE

PLANNING COMMISSION
Qualifications: 18 Years of age, reside or active in the City Membership:

APPOINTED BY NAME
Rounds David Ayala
Sarno Joseph Flores
Rodriguez Francis Carbajal*
Martin John Mora
Zamora Gabriel Jimenez
Meets the second Monday of every Month at 4:30 p.m.,
Council Chambers
5 Qualifications: 18 Years of age, reside or active in the City Membership: 25
Council Liaison: Sarno

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Astrid Shesterkin
Dolores Romero
Vacant
Vacant
Vacant
Zamora Hilda Zamora*
Josefina Lara
Elena Lopez*
Vacant
Vacant
Sarno Gilbert Aguirre
Janie Aguirre
Bonnie Fox
Vacant
Vacant
Rodriguez Johnny Hernandez
Vacant
Vacant
Vacant
Vacant
Martin Dolores Duran
Linda Vallejo*
Nancy Krueger
Vacant
Vacant
*Indicates person currently serves on three committees

SENIOR ADVISORY COMMITTEE
Meets the Second Tuesday of the month, except Jun., Sep., and Dec., at 9:30 a.m., Gus Velasco Neighborhood Center

TRAFFIC COMMISSION
Membership:

Qualifications: 18 Years of age, reside or active in the City

APPOINTED BY NAME
Rounds Sally Gaitan
Sarno Johana Coca
Rodriguez Felix Miranda
Martin Linda Vallejo*
Zamora Blake Carter*
Meets the Third Thursday of every month, at 6:00 p.m., Council Chambers 5 Membership: 20
Council Liaison: Martin

APPOINTED BY NAME TERM EXPIRES
DEC 31, 2024
Rounds Jilliana Casillas
Jaeleen Casillas
Vacant
Vacant
Zamora Vanessa Doss
Valerie Gamboa
Vacant
Vacant
Sarno Aaron Doss
Valerie Bojorquez
Vacant
Vacant
Rodriguez Zulema Gamboa
Jisel Morales
Vacant
Vacant
Martin Vacant
Vacant
Vacant
Vacant

YOUTH LEADERSHIP COMMITTEE
Qualifications: Ages 13-18, reside in Santa Fe Springs
Meets the First Monday of every month, at 6:30 p.m., Gus Velasco Neighborhood Center Ineligible Members for Various Committees/Commissions
Historical & Community Preservation
Family & Human Services
Heritage Arts
Personnel Advisory Board
Parks & Recreation
Gina Hernandez (until April 2023)
David Diaz-Infante (until May 2023)
Planning Commission
Senior
Paul Nakamura (until June 2023)
Yoko Nakamura (until June 2023)
Sally Gaitan (until April 2023)
Traffic Commission
Youth Leadership