ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
APPROVED:
ITEM NO.:
RESOLUTION NO. 9883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS
AUTHORIZING JOINT APPLICATION AND PARTICIPATION IN THE HOMEKEY
PROGRAM WITH TWC HOUSING LLC
WHEREAS, the Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”), dated September 9, 2021, for the Homekey Program (“Homekey” or “Program”) and the Homekey grant funds, pursuant to Health and Safety Code section 50675.1.3 (Assembly. Bill No. 140 (2021- 2022 Reg. Sess.), § 20.); and
WHEREAS, TWC Housing LLC (“Co-Applicant”) jointly applied for Homekey grant funds with The Whole Child–Mental Health & Housing Services (“Corporation”) and the City of Santa Fe Springs (“the City”); therefore, Co-Applicant joined Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and
WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code)); and
WHEREAS, Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program; and WHEREAS, Co-Applicant as authorized by the City, submitted a joint Application to the Department in response to the NOFA, and jointly applied for Homekey grant funds in a total amount not to exceed $5,683,408.85; and
WHEREAS, the Application was approved, and Luz Constanza Pachon as the CoApplicant Chief Executive Officer, entered to, executed, and delivered a Standard Agreement in a total amount not to exceed $5,683,408.85, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”); and
WHEREAS, when Co-Applicant applied for and was awarded the grant funds, they did it under The Whole Child-Mental Health and Housing Services and The City of Santa Fe Springs; however, the Department has determined that because the deed of trust was done under TWC Housing LLC, and not The Whole Child - Mental Health and Housing Services, and therefore, TWC now needs to add TWC Housing LLC to the award as a Co-Applicant.
NOW, THEREFORE, the City Council of the City of Santa Fe Springs does hereby resolve as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. To satisfy the requirements of the Department, TWC Housing LLC is hereby authorized via this Resolution, to be named as Co-Applicant in the award of grant funds.
SECTION 3. Luz Constanza Pachon as the Co-Applicant Chief Executive Officer is hereby authorized to execute any and all documents(s) effectuating such change.
SECTION 4. This resolution shall take effect immediately upon its passage.
APPROVED AND ADOPTED by the City Council of the City of City of Santa Fe Springs, at a regular meeting held this 5th day of September 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Juanita Martin, Mayor
ATTEST:
_________________________
Janet Martinez, CMC, City Clerk
RESOLUTION NO. 9754
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE
SPRINGS APPROVING AUTHORIZING JOINT APPLICATION TO AND
PARTICIPATION IN THE HOMEKEY PROGRAM
WHEREAS:
A. The Department of Housing and Community Development
(“Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.).
B. The City of Santa Fe Springs (“Co-Applicant”) desires to jointly apply for Homekey grant funds with THE WHOLE CHILD – MENTAL HEALTH AND HOUSING SERVICES (“Corporation”). Therefore, Co-Applicant is joining Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration.
C. The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.
THEREFORE, IT IS RESOLVED THAT:
1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $6,000,000.
2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $6,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).
3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
4. Raymond R. Cruz, City Manager, or his or her designee, is authorized to execute the Application and the Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program.
APPROVED and ADOPTED this 18th day of January, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Annette Rodriguez, Mayor
ATTEST:
__________________________
Janet Martinez, CMC, City Clerk
City of Santa Fe Springs
City Council Meeting January 18, 2022
Report Submitted By: Russell Hildebrand Date of Report: January 14, 2022 Department – City Attorney
CONSENT AGENDA
Resolution Authorizing Joint Application to and Participating in the Homekey Program with TWC Housing LLC for the Lakeland/Laurel Affordable Housing Project
BACKGROUND
BACKGROUND
The Housing Successor is the owner of four parcels of land located at the northeast and northwest corner of Laurel Avenue and Lakeland Road, in the City of Santa Fe Springs. The City has entered into Purchase and Sale Agreements for this land as well as Grant Agreements and a Loan Agreement for gap funding of project development costs. The Whole Child (TWC, LLC) has analyzed their project budget in relation to current increased cost of construction and has a short fall in funding. The State of California through the Department of Housing and Community Development (HCD) has a grant funding program called Project HomeKey. These funds are targeted for projects that provide services and housing for those experiencing homelessness, which is exactly the population the TWC portion of the project is intended to serve.
DISCUSSION
The HomeKey program requires a City or County or other public entity to be the applicant, and will allow a non-profit to be a co-applicant. TWC is asking the City to sponsor this application with them. TWC staff will prepare the application and will administer the grant if awarded, so there will be little burden on City staff if the grant is successful. The City already is committed to some oversight of the Project as part of the City – TWC, LLC Grant funding agreement. HCD requires a formal resolution of the City Council approving the HomeKey Grand Fund application, and that is the action requested of the City Council. Staff recommends approval.
FISCAL IMPACT
Affordable housing projects, especially those serving the needs of very low and extremely low income require significant financial assistance to be successfully constructed and operated. By applying for this grant with The Whole Child as coapplicant, it will provide an opportunity for the project to proceed and close the funding gap to cover escalating construction costs if the project is successful in getting an award of funds.
LEGAL REVIEW
The City Attorney’s office has reviewed the standard form resolution approving a joint application provided by, and required by, HCD and approves as to form.
RECOMMENDATION
Adopt Resolution No. 9754 – A Resolution of the City Council of the City of Santa Fe Springs Authorizing Joint Application To and Participation in the Homekey Program and Authorize the City Manager to execute the application and all program documents related to the co-application with TWC Housing LLC for the Lakeland/Laurel Affordable Housing Project.
Report Submitted By: Russell Hildebrand Date of Report: January 14, 2022 Department – City Attorney
Raymond R. Cruz
City Manager
Attachments:
1. Resolution No. 9754
ITEM #23
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Yvette Kirrin, Interim Director of Public Works
SUBJECT: CITYWIDE STREET SWEEPING AGREEMENT – FIRST AMENDMENT DATE: September 5, 2023
RECOMMENDATION:
It is recommended that the City Council:
1) Approve Citywide Street Sweeping Agreement – First Amendment, and 2) Authorize the Mayor to enter into Citywide Street Sweeping Agreement – First Amendment with Nationwide Environmental Services (NES).
FISCAL IMPACT
The Public Works Operations and Maintenance Budget includes the cost of the annual Citywide Street and Parking Lot Sweeping Contract. First amendment includes a monthly cost of $21,744.92, which equates to $260,939.04 effective beginning August 1, 2023.
An additional increase of $3,750 per month will begin on July 1, 2024, along with an agreed upon COLA annual increase based on the February CPI that begins July 1, 2024 and will continue annually for the length of the agreement. The last increase of $3,750 per month will begin on July 1, 2025.
BACKGROUND
Nationwide Environmental Services (NES) has provided street sweeping services to the City of Santa Fe Springs since 2014. From a historical perspective, the contract was last bid in June 2012. The bids were all rejected and All American Street Sweeping continued performing street sweeping services until January 19, 2014, when All American Street Sweeping was unable to provide street sweeping services. On January 20, 2014, the City entered into a contract with NES to perform Citywide Street Sweeping Services for a monthly amount of $10,600 ($127,200 annually). At the April 13, 2017 Council Meeting, CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 15, 2023 Citywide Street Sweeping Agreement – First Amendment
NES was awarded a 3 year contract with 2 one-year extensions for a monthly amount of $12,084 ($145.008 annually). At the April 23, 2020 Council Meeting, NES was awarded a five year contract for a monthly amount of $12,494 ($149,938 annually). The current contract is set to expire June 30, 2025. Under the current agreement NES automatically receives an increase on a yearly basis based on the February LA County CPI.
ANALYSIS
Citywide Street Sweeping is an essential function to maintain health and cleanliness for residents, businesses and visitors alike.
ENVIRONMENTAL
The contract with NES ensures that the City’s streets and parking lots are kept clean, and the safety and welfare of the City’s residents and businesses are maintained.
DISCUSSION
N/A
SUMMARY/NEXT STEPS
After the Citywide Street Sweeping Agreement has been approved, NES will continue to provide uninterrupted services to the City of Santa Fe Springs for the next seven years.
ATTACHMENT:
A. Attachment A – First Amendment
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
1 of 6 Nationwide Environmental Services
FIRST AMENDMENT TO
CITY OF SANTA FE SPRINGS
CITYWIDE STREET AND PARKING LOT SWEEPING SERVICES AGREEMENT WITH
NATIONWIDE ENVIRONMENTAL SERVICES
This First Amendment (“First Amendment”) to that certain Citywide Street and Parking Lot Sweeping Services between the City of Santa Fe Springs, a California municipal corporation (“City”) and Nationwide Environmental Services, a division of Joe’s Sweeping, Inc., a California corporation (“Contractor”) is entered into and effective as of the 1st of August 2023 (“Effective Date”). The City and the Contractor are sometimes hereinafter referred to jointly as “Parties” and each as a “Party”.
RECITALS
A. The Parties entered into the agreement for street sweeping services for the City of Santa Fe Springs on July 1, 2020, which was effective July 1, 2020, for the purpose of retaining the services of Contractor to provide street sweeping services to the City (hereinafter “Master Agreement”).
B. On or about September 5, 2023, the City Council approved to amend the Master Agreement pursuant to the terms of this First Amendment as set forth herein.
C. The Master Agreement and the First Amendment are collectively referred to as the “Agreement.”
D. The First Amendment is authorized pursuant to Section 21 of the Master Agreement.
E. The Parties wish to make certain amendments to the Master Agreement as set forth in this First Amendment that include, among other things, extending the Term, increasing the Monthly Contract Sum, CPI increases, updating hourly wage rates, adding a fuel provision, and tipping fee, and otherwise updating provisions of the Master Agreement as set forth in this First Amendment.
NOW, THEREFORE, in the consideration of the mutual covenants and conditions set forth herein, the Parties desire to amend the Master Agreement as set forth in this First Amendment as follows:
1.0 AMENDMENTS TO AGREEMENT.
1.1 SECTION 1. TERM is hereby amended to read in its entirety as follows:
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The term of this Agreement, as Amended by this First Amendment, shall be for a period of seven (7) years commencing on the 1st day of July 2023, and shall remain in effect for a period of seven (7) years, expiring on June 30, 2030 (“Term”).
The Term of the Agreement shall be automatically extended for a period of seven (7) years beginning July 1, 2030 (“Extended Term”), in the event the City fails to provide written notice to the Contractor on or before January 1, 2030, of the City’s intent not to extend the Term and its intent to terminate the Agreement at the close of business on June 30, 2030. At any time beginning July 1, 2029, through December 31, 2029, the City may also extend the Term of the Agreement by providing written notice to the Contractor of the City’s intent to exercise its right to the Extended Term.. The Extended Term of this Agreement shall be on the same terms and conditions as set forth in the Master Agreement, as amended by this First Amendment and any subsequent amendments between the City and the Contractor during the Term.
1.2 SECTION 5. PAYMENT Section A is hereby amended to read in its entirety as follows:
5. PAYMENT.
A. (1) Effective August 1, 2023, the City agrees to pay Contractor for Services satisfactorily performed the monthly amount of $21,744.92 (“Monthly Contract Sum”). Effective July 1, 2024, City agrees to increase the Monthly Contract Sum by $3,750.00 plus increases in the Annual Consumer Price Index (“CPI”) as set forth in Section 5 A(2); and on July 1, 2025, City agrees to further increase the Monthly Contract Sum by an additional $3,750.00 monthly plus increases in the CPI as set forth in Section 5 A(2) . Every year thereafter during the Term of this Agreement, including any Extended Term, the Monthly Contract Sum will increase annually by the amount of the increase in CPI as stated below.
(2) Beginning on July 1, 2024, and on each July 1 thereafter during the term of this Agreement, including any Extended Term, the Monthly Contract Sum provided in this Section shall be automatically adjusted, in an amount equal to the greater of the increase in the Consumer Price Index (“CPI”), plus any other increases provided for in Section 5 A(1) of this Agreement, or three percent (3%), whichever is greater. For avoidance of doubt, in the event the CPI increase in any period is less than three percent (3%), Contractor shall be entitled to a minimum 3% increase or a CPI increase whichever is greater (plus any other increases provided for in Section 5 A(1) of this Agreement, if any).
The parties agree that the CPI adjustment shall be calculated by using the February Consumer Price Index, for the services provided pursuant to this Agreement for Los Angeles, Riverside, and Orange Counties Metropolitan areas, published by the United States Department of Labor, Bureau of Labor Statistics.
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1.3 SECTION 5. PAYMENT is hereby further amended to add the following Section D Fuel Price Adjustment as follows:
5. PAYMENT.
D. Fuel Price Adjustment
Contractor, in providing street sweeping services to City, agrees to utilize compressed natural gas (“CNG”) fueled street sweeping vehicles. It is agreed by the parties that a portion of the monthly cost to be paid by City to Contractor for services rendered include the monthly cost of CNG fuel. City and Contractor agree that Contractor is entitled to be reimbursed for the total monthly CNG cost actually incurred by Contractor for providing street sweeping services pursuant to this Agreement in addition to the Monthly Contract Sum.
Should CNG fuel prices increase above $5.95 (“Base Fuel Price”) per gallon in any single month, Contractor’s Monthly Contract Sum shall be adjusted monthly to include an amount equal to such increase above the Base Fuel Price amount of the actual average CNG fuel costs per gallon paid by Contractor multiplied by the average Monthly Gallon Amount of 1,077.0 (“Monthly Gallon Amount”) gallons.
For the purposes of this section, Contractor shall provide to the City monthly proof of the average price of CNG fuel at Clean Energy stations within the Los Angeles Basin or other similar alternate CNG fuel provider as selected by Contractor.
1.4 SECTION 5. PAYMENT is hereby further amended to add the following Section E Tipping Fee Adjustment as follows:
5. PAYMENT.
E. Tipping Fee Adjustment.
During the Term (including any Extended Term) of this Agreement, should the tipping fees paid by Contractor increase at the Puente Hills Landfill or any other comparable Landfill/MRF from the tipping fee per ton of $81.73 (“Tipping Fee”), Contractor shall notify City of such increased fees, and the Monthly Contract Sum due to Contractor shall be increased as follows:
Step #1: (79 (average monthly tonnage) tons of street sweeping material deposited per month) x (Increase in tipping cost per ton) = Tipping Fee Adjustment Step #2: Add the Tipping Fee Adjustment calculated in step #1 to the Monthly Contract Sum to obtain the new total Monthly Contract Sum including Tipping Fee Adjustment due to Contractor. The Monthly Contract Sum as adjusted for the Tipping Fee Adjustment shall continue to be the Monthly Contract Sum until it is further adjusted as provided for in this Agreement.
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For example, should the price of the tipping fees paid by Contractor increase to $100.00 per ton, Contractor would increase the Monthly Contract Sum as follows:
$18.27 (increase per ton) x 79 (average monthly tonnage) = $1,443.33 increase per month in the Monthly Contract Sum.
1.5 SECTION 6. SUSPENSION OR TERMINATION OF AGREEMENT
WITHOUT CAUSE Section A is hereby amended to read as follows:
6. SUSPENSION OR TERMINATION OF AGREEMENT.
A. The City Council may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least six months’ prior written notice. Upon receipt of said notice, Contractor shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City Council suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
1.6 SECTION 17. ASSIGNMENT is here by amended to read in its entirety to read as follows:
17. ASSIGNMENT.
The experience, knowledge, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for the City to enter into this Agreement and First Amendment. Therefore, Contractor shall not contract with any other entity or subcontractor to perform in whole or in part the services required hereunder without the express written approval of the City Council. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the written approval of the City Council, which shall not be unreasonably withheld. Any attempt by the Contractor to assign or transfer this Agreement or any interest herein without the City Council’s prior written approval shall be void and of no effect. For the purposes hereof, an assignment shall be deemed to include a change in any person or entity that is controlling shareholder of Contractor, or any merger or dissolution of Contractor.
Notwithstanding the above, Contractor may assign or transfer its controlling shareholder interest to a person who is a member of the Samuelian Family by birth or marriage, or to trust for the benefit of a person who is a member of the Samuelian family by birth or marriage, without the prior approval of the City Council.
1.7 EXBHIIT A SCOPE OF SERVICES, SECTIONS J. AND K. are hereby amended in their entirety to read as follows:
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EXHIBIT A – SCOPE OF SERVICES.
J. Extra Sweeping – Emergency: There shall be a two-hour maximum response time for emergency sweeping after requested by the Contract Administrator.
Emergency sweeping shall be paid at a rate of $175.00 per hour for actual time spent in the city performing the emergency work. This hourly rate is subject to annual CPI increases as set forth in the Agreement, as amended by this First Amendment.
K. Extra Sweeping – Non-Emergency: Non-emergency sweeping shall take place no later than the same or next business day after requested by the Contract Administrator. Non-emergency sweeping shall be paid at a rate of $150.00 per hour for actual time spent in the City performing non-emergency work. This hourly rate is subject to annual CPI increases as set forth in the Agreement, as amended by this First Amendment.
1.8 SECTION 28. FORCE MAJEURE is added to the Agreement as follows:
28. FORCE MAJEURE.
The time period specified for performance of the services rendered under this Agreement, and other time periods set forth in this Amendment, as amended, shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, act of God or any public enemy, acts of Government, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency, terrorist acts, and unusual severe weather if the Contractor shall, within fourteen (14) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay.
1.9 SECTION 29. AFFIRMATION OF AGREEMENT, is added to the Agreement, to read in its entirety as follows:
City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement, except as expressly amended by this First Amendment. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided in this First Amendment. Each party represents and warrants to the other that the Agreement is currently effective, constituting valid and binding obligations, except as expressly amended by this First Amendment. Except as expressly amended herein, all of the terms and conditions of the Master Agreement, as amended by this First Amendment, shall remain in full force and effect and are ratified by each Party. The First Amendment and the Master Agreement contain the entire Agreement of the Parties with respect to the subject matter hereof, and DocuSign Envelope ID: EFAFFC39-3E0C-4B77-BE53-FBC092F57334 6 of 6 Nationwide Environmental Services
supersedes all prior negotiations, understandings, or agreements. The Parties agree that if any provisions of this First Amendment conflict with the Master Agreement, then the provisions of this First Amendment shall prevail.
If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Contractor represents and warrants to City that, as of the date of this First Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time of the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Contractor that, as of the date of this First Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time of the giving of notice, or both, would constitute a material default under the Agreement.
2. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this First Amendment on behalf of the parties warrants and represents that they have the authority to execute this First Amendment on behalf of said parties and has the authority to bind the parties to the provisions of this First Amendment.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written.
CITY OF SANTA FE SPRINGS CONTRACTOR
____________________________ ____________________________ Juanita Martin, Mayor Ani Samuelian, President
ATTEST:
______________________
Janet Martinez, City Clerk
APPROVED AS TO FORM:
______________________
Ivy M. Tsai, City Attorney
DocuSign Envelope ID: EFAFFC39-3E0C-4B77-BE53-FBC092F57334 ITEM #24
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Yvette Kirrin, Interim Director of Public Works
SUBJECT: LITTLE LAKE PARK PARKING LOT IMPROVEMENTS – AWARD OF
CONTRACT
DATE: September 5, 2023
RECOMMENDATION:
It is recommended that the City Council:
1) Appropriate an additional $154,000 from the Utility Users Tax (UUT) Capital Improvements Fund to the Little Lake Park Parking Lot Improvements (PW 200101); 2) Accept the bids; and
3) Award a contract to L.M.T. Enterprises Inc. dba Tyner Paving Co. of Alhambra, California in the amount of $848,147.90.
FISCAL IMPACT
District Member Ian Calderon of the 57th Assembly District pledged financial assistance in the amount of $2,520,000 to the City for improvements to existing City parks. On January 23, 2020, the City approved the California Natural Resources Agency to process the collection of grant funding related to the various park improvement projects. Per the grant funding distributions, $935,000 is allotted to the rehabilitation of the Little Lake Park parking lots.
The Little Lake Park Parking Lot Improvements Project will require an additional appropriation in the amount of $154,000 from the Utility Users Tax (UUT) Capital Improvement Fund to the Little Lake Park Parking Lot Improvements Project account number (PW200101). Upon the project’s completion, the approved California Natural Resources Agency grant Fund will reimburse the City in the amount of $91,040 for the CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Little Lake Park Parking Lot Improvements – Award of Contract
design, $848,147.90 for the construction and $86,852.10 for the construction contingency. The City’s appropriation for the project will cover soft costs, which are not eligible for grant reimbursement, and any additional contingency that exceeds the total grant allotment of $935,000.
The total estimated project costs are as follows:
Item Budget
Construction $ 848,147.90
Design $ 91,040.00
Engineering $ 60,000.00
Inspection $ 55,000.00
Contingency $ 125,000.00
Total Project Cost $ 1,179,187.90
Project Funding Sources Amount
Grant Revenue (Construction) $ (848,147.90)
Grant Revenue (Contingency) $ (86,852.10)
Grant Revenue (Design) $ (91,040.00)
Anticipated Expenditures $ 1,179,187.90
Budget Shortfall $ (153,147.90)
$ (154,000.00)
BACKGROUND
The Little Lake Park Parking Lot Improvements project is located along Pioneer Blvd and Lakeland Road. The project consisted of revitalizing both existing parking lots on the northwest side and southeast side of the park. The scope of work included reconstruction of the existing asphalt pavement, new concrete curbs, sidewalk paths, storm water chambers, bio swales, new landscaping, new LED lighting and the creation of additional parking stalls. The existing park parking lots has 214 regular parking stalls and 9 ADA parking stalls. The proposed improvements would create an additional 30 regular parking stalls, 2 parking stalls for ambulances and 1 ADA compliant parking stall.
On August 16, 2022, the Little Lake Park Parking Lot Improvements project was taken to the City Council for approval for the Award of Contract in the amount of $1,566,619. Upon discussion with the City Council, the project was deemed too expensive. City Council requested staff to engage in a conversation with the City of Norwalk for a funding contribution. The City of Norwalk declined to participate in funding the project.
At the October 4, 2022 City Council meeting, City Council directed staff to reject all of the bids that were submitted on June 29, 2022, revise the scope of work to stay within the original construction grant amount and re-bid the project.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Little Lake Park Parking Lot Improvements – Award of Contract
The current project reflects the requested revised scope of work. The scope of work includes pavement rehabilitation within the existing parking lots foot print, drainage improvements, minor curb and sidewalk reconstruction. The proposed improvements will continue to create an additional 29 regular parking stalls, 2 parking stalls for ambulances and 3 ADA compliant parking.
ANALYSIS
Bids were opened on August 2, 2023, and a total of five bids were received. City Staff reviewed the proposals and determined that all bid proposals comply with the project specifications. The low bidder for the project was L.M.T. Enterprises, Inc. dba Tyner Paving Co. of Alhambra, with a bid totaling $848,147.90. The bid proposal for the following bidders reflects the bid amounts.
Company Name
Publicly Read
Bid Amount Audited Bid
1. LMT Enterprises, In., dba Tyner Paving Co. $848,147.90 $848,147.90
2. Sol Construction, Inc. $872,123.00 $872,648.00 *
3. Deark E&C, Inc. $1,188,550.00 $1,188,550.00
4. All American Asphalt $1,256,790.00 $1,256,790.00
5. Pub Construction, Inc. $3,811,848.40 $4,128,529.70 * *Mathematical computation summation errors.
The bid proposal submitted by L.M.T. Enterprises, Inc. dba Tyner Paving Co. in the amount of $848,147.90, is approximately 10% below the Engineer’s Estimate of $950,000.
The Department of Public Works has reviewed the bids and determined the low bid submitted by L.M.T. Enterprises Inc. dba Tyner Paving Co. to be responsive and responsible.
The City Attorney’s office has reviewed the contract.
ENVIRONMENTAL
N/A
DISCUSSION
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Little Lake Park Parking Lot Improvements – Award of Contract
SUMMARY/NEXT STEPS
The Little Lake Park Parking Lot Improvements project will improve the condition of the existing parking lot pavement, enhance traffic circulation, and provide additional parking stalls. The rehabilitated pavement will reduce maintenance costs for the City.
Upon the approval of the City Council of the recommended action, City staff will coordinate with the Project Contractor on the delivery of the project. The recommended actions will also direct City staff to appropriate an additional $154,000 from the Utility Users Tax (UUT) Capital Improvements Fund to the Little Lake Park Parking Lot Improvements account (PW 200101).
ATTACHMENT(S):
A. Attachment A – Contract Agreement
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
2022-03 Little Lake Park Parking Lot Improvements
D-1
CITY OF SANTA FE SPRINGS
CONTRACT AGREEMENT
FOR
LITTLE LAKE PARK
PARKING LOT IMPROVEMENTS
IN THE CITY OF SANTA FE SPRINGS
This Contract Agreement is made and entered into the above-stated project this 5th day of September, 2023, BY AND BETWEEN the City of Santa Fe Springs, as AGENCY, and Tyner Paving Company, as CONTRACTOR in the amount of $848,147.90.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, CDBG contract provisions and forms, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
DocuSign Envelope ID: B2DDD630-5609-47B6-B850-C135BFA2DB55 2022-03 Little Lake Park Parking Lot Improvements
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ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
ARTICLE IV
AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. No work or portion of the work shall be paid for until it is approved for payment by the City Engineer. Payment made for completed portions of the work shall not constitute final acceptance of those portions or of the completed project.
ARTICLE V
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions.
Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. The Contractor is required to pay the higher of either the State or Federal Wages.
ARTICLE VI
Except as to the sole or active negligence or willful misconduct of the AGENCY and notwithstanding the existence of insurance coverage required of CONTRACTOR pursuant to this contract, CONTRACTOR shall save, keep defend, indemnify, hold free and harmless AGENCY, its officers, officials, employees, agents and volunteers from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless AGENCY, its officers, officials, employees, agents and volunteers from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers’ compensation claims, and all other claims resulting from or DocuSign Envelope ID: B2DDD630-5609-47B6-B850-C135BFA2DB55 2022-03 Little Lake Park Parking Lot Improvements
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arising out of the acts, errors or omissions of CONTRACTOR, its employees and/or authorized subcontractors, whether intentional or negligent, in the performance of this Agreement.
This indemnification provision is independent of and shall not in any way be limited by the Insurance Requirements of this Agreement. AGENCY approval of the Insurance contracts required by this Agreement does not in any way relieve the CONTRACTOR from liability under this section.
AGENCY shall notify CONTRACTOR of the receipt of any third party claim related to this Agreement within seven (7) business days of receipt. The City is entitled to recover its reasonable costs incurred in providing the notification. (Pubic Contracts Code Section 9201)
ARTICLE VII
AGENCY shall comply with Pub Cont. Code §20104.50 as follows:
20104.50.
(a) (1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.
(2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments’ outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.
(b) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
(c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
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(d) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c). (e) For purposes of this article:
(1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. (2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings. (3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.
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ARTICLE VIII
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest herein.
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto their name, titles, hands, and seals as of the date noted above.
By:
CONTRACTOR
LMT ENTERPRISES, INC.
DBA: TYNER PAVING COMPANY
CRAIG L. THOMAS, PRESIDENT
ADDRESS
THE CITY OF SANTA FE SPRINGS
By: JUANITA MARTIN, MAYOR
ATTEST:
JANET MARTINEZ, CITY CLERK
APPROVED AS TO FORM:
IVY M. TSAI, CITY ATTORNEY
DocuSign Envelope ID: B2DDD630-5609-47B6-B850-C135BFA2DB55 Alhambra, Ca. 91803
919 s. Fremont Ave. #368
ITEM #25
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Dino Torres, Director of Police Service
SUBJECT: PUBLIC HEARING FOR THE APPROVAL OF ALCOHOL SALES CONDITIONAL USE PERMIT CASE NO. 85 AND ADOPTION OF
RESOLUTION NO. 9882 – AN ALCOHOL SALES CONDITIONAL USE
PERMIT REQUEST TO ALLOW THE OPERATION AND MAINTENANCE
OF THE STORAGE AND DISTRIBUTION OF AN ALCOHOLIC
BEVERAGE USE
DATE: September 5, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1) Open the Public Hearing and receive the written and oral report and any comments from the public regarding Alcohol Sales Conditional Use Permit (ASCUP) Case No. 85, and thereafter, close the Public Hearing; and
2) Find that the applicant’s ASCUP request meets the criteria set forth in §§155.628 and 155.716 of the City’s Zoning Ordinance, for the granting of a Conditional Use Permit; and
3) Approve Alcohol Sales Conditional Use Permit Case No. 85, subject to the conditions of approval as contained within Resolution No. 9882; and 4) Adopt Resolution No. 9882, which incorporates the City Council’s findings and actions regarding this matter.
BACKGROUND/DISCUSSION
The Applicant, Bay Cities Packaging & Design occupies the 6.46-acre property located at 9206 Santa Fe Springs Road within the Heavy Manufacturing (M-2) Zone under a lease agreement with the property owner Oltmans Investment Company.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
Bay Cities Packaging & Design is a leading designer and manufacturer of corrugated packaging and store displays for several retail products which includes cosmetics, tools, electronics, food, and special promotional products. In addition to the listed products, Bay Cities Packaging & Design is proposing to package various types of alcoholic beverages at their Santa Fe Springs site. Considering that the new proposed activities will involve on-site storage of alcoholic beverages, the Applicant is required to comply with Ordinance No. 834, Section 155.628 pertaining to alcoholic beverage land uses.
On August 14, 2023, the Planning Commission conducted a public hearing to review and consider ASCUP Case No. 85. After evaluating the written report (Attachment C) and Staff’s oral report, the Planning Commission unanimously adopted Resolution No. 244- 2023 (Attachment D) which contains a recommendation to the City Council to approve ASCUP Case No. 85 subject to the conditions contained in Resolution No. 9882 (Attachment E).
ENVIRONMENTAL
The Planning Commission has confirmed that this request is a categorically-exempt project pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA); consequently, no other environmental documents are required by law. Additionally, the project site is not listed on the Hazardous Waste and Substance Site List (also known as the Cortese List) and is therefore not subject to the requirements set forth in Government Code Section 65962.5.
LEGAL NOTICE OF PUBLIC HEARING
Legal notice of the Public Hearing for the proposed Alcohol Sales Conditional Use Permit was sent by first class mail to all property owners whose names and addresses appear on the latest County Assessor's Roll within 500 feet of the exterior boundaries of the subject property. The legal notice was also posted in Santa Fe Springs City Hall, the City Library and Town Center on August 22, 2023, as required by the State Zoning and Development Laws and by the City’s Zoning Regulations. A Notice was also published in the Whittier Daily Newspaper (Attachment A) on August 22, 2023. Staff will report any inquiries received for this matter at the time of the Council’s meeting
SUMMARY/NEXT STEPS
Staff finds that the proposed alcohol beverage activities, if approved, will not be detrimental to persons or property in the immediate vicinity and will not adversely affect the City in general. Moreover, the proposed use is consistent with the warehouse and office activities already present in the general area. Staff believes that the business activities along with the alcohol storage activities will have minimal to no impacts to the general area if the business operates in compliance with the City’s Municipal Codes, Conditions of Approval, and with the Regulations imposed by the California Department of Alcoholic Beverage Control (ABC).
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
ATTACHMENT(S):
A. Attachment A – Notice of Public Hearing
B. Attachment B – Location Aerial
C. Attachment C - Planning Staff Report with Zoning Ordinance Requirements D. Attachment D – Approved Planning Resolution No. 244-2023 E. Attachment E – Resolution No. 9882-2023 with Conditions of Approval ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
Attachment A
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
Attachment B
LOCATION AERIAL
ALCOHOL SALES CONDITIONAL USE PERMIT CASE NO. 85
Bay Cities
Packaging and Design
9206 Santa Fe Springs Road
Santa Fe Springs, CA 90670
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
Attachment C
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
Attachment D
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
Attachment E
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
RESOLUTION NO. 9882
A RESOLUTION OF THE SANTA FE SPRINGS CITY COUNCIL APPROVING ALCOHOL SALES CONDITIONAL USE PERMIT CASE NO. 85
WHEREAS, a request was filed for an Alcohol Sales Conditional Use Permit Case No. 85 to allow the operation and maintenance of an alcoholic beverage use involving the warehousing and storage of alcoholic beverages at Bay Cities Packaging & Design, a business located at 90670 Santa Fe Springs, within the Heavy Manufacturing (M-2) Zone; and
WHEREAS, the subject property is identified as Accessor’s Parcel Number 8167- 001-027, as shown in the latest rolls of the Los Angeles County Office of the Assessor; and
WHEREAS, the property owner is Oltmans Investment, Inc., located at P.O. Box 985, Whittier, CA 90601; and
WHEREAS, the proposed request is categorically-exempt project pursuant to Section 15301 (Class 1, Existing Facilities) of the California Environmental Quality Act (CEQA); consequently, no other environmental documents are required by law; and WHEREAS, on August 22, 2023, the City of Santa Fe Springs Department of Police Services published a legal notice in the Whittier Daily News, a local paper of general circulation, indicating the date and time of the public hearing, and also mailed said public hearing notice to each property owner within a 500 foot radius of the project site in accordance with state law; and
WHEREAS, at their Regular Meeting of August 14, 2023, the City of Santa Fe Springs Planning Commission considered the application, the written and oral staff report, the General Plan designation, and the Zoning designation of the subject property, the testimony by the applicant, and other materials concerning Alcohol Sales Conditional Use Permit Case No. 85; and
WHEREAS, at their Regular Meeting of August 14, 2023, the City of Santa Fe Springs Planning Commission received from the applicant and staff findings as required by Section 155.628 (listed on the accompanying Staff Report) and after their review of said findings determined that the proposed project will have a minimal to no adverse impact on the City or to the public in general; and
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
WHEREAS, at their Regular Meeting of August 14, 2023, the City of Santa Fe Springs Planning Commission unanimously voted to recommend to the City Council to approve Alcohol Sales Conditional Use Permit Case No. 85.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF SANTA FE SPRINGS DOES HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Fe Springs finds that the facts in this matter are as follows:
1. That the facts in this matter are as stated in the staff report to the Planning Commission, and Planning Commission Resolution No. 244-2023. The staff report provided the following subject matter: the background of the request, the general plan land use designation and zoning of the subject property and the surrounding area, the streets and highways, reference to the environmental document and the public hearing requirements. The referenced staff report and resolution are on file and copies are available upon request.
2. That Alcohol Sales Conditional Use Permit Case No. 85 satisfies the criteria provided in Section 65090-65091 of the State Planning, Zoning and Development Laws as it pertains to Public Hearings.
SECTION 2. The City Council of the City of Santa Fe Springs further finds as follows:
Pursuant to Section 155.628 of the Zoning Regulations, the City Council has considered the criteria in approving Alcohol Sales Conditional Use Permit Case No. 85 and finds that the proposed use will not be detrimental to persons or property in the immediate vicinity and will have minimal to no adverse effect on the City in general.
SECTION 3. Based on the application, the written and oral staff report, the testimony, written comments, the Planning Commission’s recommendation for approval, and/or other materials presented at the City Council Meeting and the findings made by the City Council, the City Council hereby adopts Resolution No. 9882 to approve Alcohol Sales Conditional Use Permit Case No. 85, subject to the conditions of approval hereby attached as “Exhibit A”.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
APPROVED AND ADOPTED this 5th day of September, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: _________________________
Juanita Martin, Mayor
ATTEST
_____________________________
Janet Martinez, CMC, City Clerk
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
Exhibit A
CONDITIONS OF APPROVAL
1. That if the State Alcohol Beverage Commission (ABC) does not grant the applicant’s request to add the subject location to an existing Type 18 Distilled Spirits Wholesaler License to 9206 Santa Fe Springs Road, the Applicant will be provided one-year to reapply otherwise this Permit will become null and void.
2. That the building, including any lighting, fences, walls, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired within 72 hours of occurrence, weather permitting, to minimize occurrences of dangerous conditions or visual blight. Paint utilized in covering graffiti shall be a color that matches, as closely possible, the color of the existing and/or adjacent surfaces.
3. That the applicant shall be responsible for maintaining control of litter, debris, boxes, pallets and trash on the subject property, and shall implement a daily clean-up program to maintain the leased area clean and orderly.
4. That alcoholic beverages shall not be sold to the general public from the subject site.
5. That it shall be unlawful to maintain on the premises any alcoholic beverages other than the alcohol beverages which the licensee is authorized to store and/or distribute under their Type 18 License (Distilled Spirits Wholesaler).
6. That alcoholic beverages shall be shipped to the Applicant’s customer by the use of commercial trucks and/or licensed commercial transportation companies and not by passenger-type vehicles or domestic type vehicles.
7. That the required off-street parking areas shall not be encroached on, reduced or used for outdoor storage of trucks, trailers, equipment or any other related material.
Overnight parking of trucks and trailers associated with the business are exempt from this condition.
8. That the applicant and/or his employees shall prohibit the public consumption of alcoholic beverages on the subject property at all times.
9. That this permit is contingent upon the approval by the Department of Police Services of a security plan that, within thirty (30) days of the effective date of this approval, shall be submitted by the applicant and shall address the following for the purpose of minimizing risks to the public health, welfare and safety:
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
(A) A description of crime prevention barriers in place at the subject premises, including, but not limited to, placement of signage, landscaping, ingress and egress controls, security systems and site plan layouts; (B) A description of how the permittee plans to educate employees on their responsibilities, actions required of them with respect to enforcement of laws dealing with the sale of alcohol to minors and the conditions of approval set forth herein;
(C) A business policy requiring employees to notify the Police Services Center of any potential violations of the law or this Conditional Use Permit occurring on the subject premises and the procedures for such notifications. (D) The City’s Director of Police Services may, at his discretion, require amendments to the Security Plan to assure the protection of the public’s health, welfare and safety.
10. That the applicant shall, at all times, maintain in working order an alarm system and/or service that notifies the Whittier Police Department immediately if a breach occurs.
11. That the owner, corporate officers and managers shall cooperate fully with law enforcement personnel, or their representatives, and shall not obstruct or impede their entrance into the licensed premises while in the course of their official duties.
12. That in the event the owner(s) intend to sell, lease or sublease the subject business operation or transfer the subject Permit to another party or licensee, the Director of Police Services shall be notified in writing of said intention not less than (60) days prior to signing of the agreement to sell or sublease.
13. That Alcohol Sales Conditional Use Permit Case No. 85 shall be subject to a compliance review within one year from the date of approval by the City Council, to ensure that the alcohol sales activity are still operating in strict compliance with the original conditions of approval. Thereafter, a compliance review shall be conducted every five years if the Applicant continues to maintain the premises in full compliance with these Conditions and all applicable codes, regulations and state laws.
14. That all other applicable requirements of the City Zoning Ordinance, Uniform Building Code, Uniform Fire Code, the determinations of the City and State Fire Marshall, the security plan as submitted under Condition No. 9 and all other applicable regulations shall be strictly complied with.
15. That Alcohol Sales Conditional Use Permit Case No. 85 shall not be valid until approved by the City Council and shall be subject to any other conditions the City Council may deem necessary to impose.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Alcohol Sales Conditional Use Permit Case No. 85
16. That it is hereby declared to be the intent that if any provision of this Permit is violated or held to be invalid, or if any law, statute or ordinance is violated, the Permit shall be subject to the revocation process pursuant to Sections 155.810-155.814 of the Santa Fe Springs Municipal Code.
ITEM #26
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Yvette Kirrin, Interim Director
SUBJECT: TRAFFIC STUDY – PIONEER BOULEVARD AT HOUGHTON AVENUEWHITELAND STREET DATE: September 5, 2023
RECOMMENDATION:
It is recommended that the City Council:
1) Consider the installation of Stop signs with flashing LEDs and advance flashing yellow beacons prior to the intersection of Pioneer Boulevard and Houghton AvenueWhiteland Street; 2) Replace the existing standard Stop signs at Pioneer Boulevard/Orr and Day Road and Pioneer Boulevard 380′ south of Terradell Street with flashing LED Stop signs; 3) Add the Pioneer Boulevard and Houghton Avenue-Whiteland Street improvement project to the Capital Improvement Plan;
4) Appropriate $120,000 from the Utility Users Tax (UUT) Capital Improvement Fund to fund the Pioneer Boulevard and Houghton Avenue-Whiteland Street improvement project.
FISCAL IMPACT
The Pioneer Boulevard at Houghton Avenue-Whiteland Street improvement project has a total estimated cost of $120,000 and can be funded by Utility Users Tax (UUT) Capital Improvement Funds.
BACKGROUND
Pioneer Boulevard is a major arterial highway that generally runs through the City in a north-south orientation with the exception of the section between Arlee Street and Orr and Day Road which has an easterly-westerly orientation. Pioneer Boulevard continues north from Lakeland Road in the City of Norwalk and continues north to Telegraph Road CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Traffic Study – Pioneer Boulevard at Houghton Avenue-Whiteland Street
where it curves northwesterly and continues to Orr and Day Road. Pioneer Boulevard then continues northerly to Rivera Road and then into an unincorporated area of LA County. This report focuses on the segment of Pioneer Boulevard between Orr and Day Road and Jersey Avenue which contains a 2000′ radius horizontal curve. The posted speed limit is 35 miles per hour and the 85th percentile or critical speed was found to be 40 miles per hour. Pioneer Boulevard is 84 feet wide curb to curb and is striped for two lanes in each direction which are separated by raised, concrete, landscaped medians. A large-radius horizontal curve exists on the section of Pioneer Boulevard between Orr and Day Road and Jersey Avenue. The adjacent development along Pioneer Boulevard is fronting residential properties with no access or driveways onto Pioneer Boulevard.
Access to these properties is via public alleys that run along the rear of the homes. The average daily traffic for Pioneer Boulevard is about 5,500 vehicles, measured on November 4, 2021, and is split such that 45% of the traffic is traveling eastbound while the remaining 55% is traveling westbound. Parking is allowed on both sides for this section of Pioneer Boulevard. There is a ladder-type white crosswalk across the east side of the intersection of Pioneer Boulevard and Houghton Avenue-Whiteland Street.
There are pedestrian crossing warning signs and pavement markings in advance of the crosswalk on Pioneer Boulevard.
Houghton Avenue 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. The curb-to-curb width of Houghton Avenue is forty (40) feet. Houghton Avenue is oriented in an easterlywesterly direction. It intersects Pioneer Boulevard and then continues westerly as Whiteland Street south of Pioneer Boulevard. The intersection of Pioneer Boulevard and Houghton Avenue-Whiteland Street is controlled by Stop signs for north-south traffic only.
ANALYSIS
With two reported traffic collisions at this intersection in the past 12 months, there is no apparent demonstrated pattern here. A review of the California Manual of Traffic Control Devices traffic signal guidelines indicated that none of the guidelines are met. However, due to the curvature of Pioneer Boulevard in this area, there is a demonstrated sight distance impairment for westbound Houghton Avenue traffic that prevents motorists from having adequate visibility of northbound traffic on Pioneer Boulevard. Also, this lack of sight distance plus the 40 MPH critical speed prevents westbound Pioneer Boulevard traffic from having time to respond to Houghton Avenue traffic that is either crossing or turning onto Pioneer Boulevard. In a typical situation, parking restrictions could be implemented along the north side of Pioneer Boulevard east of Houghton Avenue, but in this existing condition, the removal of street parking would create a hardship for the residents living in that area east of Houghton Avenue. The majority, if not all of the street parking along Pioneer Boulevard is used by the residents that live in this area. They have no driveway access to their property from Pioneer Boulevard and only have alley access from the rear of their property. If a parking restriction is implemented and since parking is not allowed in the alleys, the residents and any visitors would be forced to find alternate parking areas in the residential areas north and south of Pioneer Boulevard.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Traffic Study – Pioneer Boulevard at Houghton Avenue-Whiteland Street
ENVIRONMENTAL
The installation of Stop signs on Pioneer Boulevard at Houghton Avenue-Whiteland Street may increase general noise levels due to braking and accelerating of vehicles at the intersection. Also, there may be an increase of air pollution due to vehicles queuing before clearing the intersection.
DISCUSSION
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. Stop signs are less restrictive traffic control device that impact the safety at an intersection. Stop signs are recommended to be installed for northbound and southbound traffic on Pioneer Boulevard at Houghton Avenue-Whiteland Street based on impaired sight distance considerations.
In addition, in order to maintain the consistency of regulatory signing in this area, it is recommended that Stop signs with flashing LEDs also be installed to replace the existing standard Stop signs at the following locations:
1. Westbound Pioneer Boulevard at Orr and Day Road
2. Northbound Pioneer Boulevard at a Point 380′ south of Terradell Street The Pioneer Boulevard at Houghton Avenue-Whiteland Street improvement project will enhance the safety of vehicles entering the intersection from Houghton Avenue and Whiteland Street and pedestrians crossing Pioneer Boulevard.
SUMMARY/NEXT STEPS
If approved, all of the necessary materials will be ordered. Contractual services will be arranged and all of the items will be scheduled for installation.
ATTACHMENTS:
A. Attachment A – Collision Diagram for Intersection
B. Attachment B – Plan showing Existing Conditions at Intersection C. Attachment C – Plan Showing Locations of Stop Signs, Advance Pavement Markings and Flashing Yellow Beacons
ITEM #27
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Yvette Kirrin, Interim Director of Public Works
SUBJECT: AQUATIC CENTER IMPROVEMENT PROJECT UPDATE AND
STRATEGY TO OPEN IN SUMMER 2024
DATE: September 5, 2023
RECOMMENDATION:
It is recommended that the City Council:
1. Approve staff proceeding with 2024 Summer opening of the pool (Phase 1A) while concurrently completing the amenities (Phase 1B) for 2024 Fall completion.
FISCAL IMPACT
The Aquatic Center Improvement Legacy Project was estimated to cost $22.2 million.
The funds currently available for the project include $6.6 million in City funds and $6.4 million in grant funds provided by Senator Bob Archuleta’s office. The remaining shortfall for the project is $9.2 million. Other potential funding sources to fill the gap in funding include additional City funding allocations and/or other grants that have yet to be secured.
The Summer opening of the pool (Phase 1A) plus the amenities described in this report (Phase 1B) are estimated to cost approximately $7.5 million. As previously mentioned, the City has $6.6 million earmarked from the CIP FY 2023-24 budget, which could be put toward the project, as well as maximizing the percentage of the $6.4 million grant fund from Senator Bob Archuleta, on the new amenities, to complete Phase 1.
BACKGROUND
The Aquatic Center has shown signs of deterioration as described in previous council reports. Some of these issues deal with the pool deck settlement and cracking, dilapidated pool pumps, aging equipment, decrepit surge pits and equipment rooms.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Aquatic Center Improvement Project Update and Strategy to Open in Summer 2024
The City held several meetings including a Council Study Session(s) and Community Feedback Meetings. The City hired HED Design to develop several concepts and worked towards a preferred Legacy Project. Based on several concepts, the City was moving toward a final project alternative for Council to endorse for final design estimated to cost $22.2 million. The major features of the project include a new leisure pool, lap pool, splash pad, cabana area, family restrooms, concession stand, outdoor Jacuzzi/spa area, and east deck expansion, various shaded areas, upgraded pool equipment and major pool house renovation. The project would take approximately 2.5 years to design, construct and ultimately open to the public.
Before the City Council could be presented with the preferred Legacy Project, staff became aware of the existence of four previously abandoned oil wells located on the existing City owned parcel, with one specifically found beneath the existing pool.
Staff worked to resolve the abandoned oil well issue. We held several meetings and discussions with petroleum consultants and surveyed the locations of the abandoned oil wells, while determining potential risks with proceeding with construction.
At that point, the project slowed, due to 1) budget constraints, 2) the abandoned oil well issue, and 3) hiring of a new City Manager. Recently, staff was presented with new objectives to open the Aquatic Center for the 2024 Summer session, including the request to a develop short and long term renovation strategy.
ANALYSIS
The short term project (Phase 1) entails two parts including (Phase 1A and Phase 1B).
Phase 1A would resolve issues detailed November 2021 Council Report “Punchlist” i.e. repair deck cracks, resurfacing the existing pools, replace the pool equipment. This would leave the oil well untouched, while continued coordination occurs to resolve how it would be handled as part of the ultimate Legacy Project (Phase 2).
Phase 1B would phase construction of the surrounding new amenities such as new splash pad, Jacuzzi/spa area, new concession stand and cabana shaded areas. Staff has estimated this would take approximately 9 to 12 months with a soft opening of the main pools by early summer 2024 and phase construction of the new amenities which could take an additional 3 months.
The project cost was estimated at $7.5 million. A portion of the funding from the allocated $6.6 million CIP FY 2023-24 budget, would be used for the repair portions of Phase 1A, while being supplemented by a portion of $6.4 million grant provided by Senator Bob Archuleta, to be used towards the new amenities (Phase 1B).
The long term project (Phase 2) entails demolishing the existing main pools, phase construction of one pool while keeping the other pool operational, construction of a new CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Aquatic Center Improvement Project Update and Strategy to Open in Summer 2024
lazy river pool, new lap pool, additional cabanas, and new east deck and seating and also applying major renovation to the pool house and upgrading the existing pool equipment. From the Legacy Project estimates, this long term goal would take approximately 1 to 2 years and an estimated cost of $23 million. The funding for this portion of the project will need to be determined.
The total project cost for the short term (Phase 1) and long term (Phase 2) project will be upwards of $30 million.
ENVIRONMENTAL
The existing abandoned oil well is located underneath the east pool, and is approximately 10,000 feet deep. This oil well never produced any oil, and was abandoned according to current code at the time it was found to not be a viable site. It’s our understanding that potential construction within the vicinity of the existing abandoned oil wells could require these oil wells to be re-abandoned up to the current abandonment standards. Additionally, the construction of the Legacy Project would require that the abandoned oil well be readily accessible in case of any leaks and/or any emergencies in order to re-plug it. This includes having no major obstructions or structures being built over it. California Geologic Energy Management Division (CalGEM) is the regulatory agency that has jurisdiction. A re-abandonment would entail demolishing the east pool, testing for leaks and possibly removing the existing oil well plug and installing a new plug. This would result in several months of delay as well as a significant increase in the project cost.
DISCUSSION
None.
SUMMARY/NEXT STEPS
In moving forward with the goal to open the Aquatic Center for the 2024 summer session, staff will continue to address the abandoned oil well issue, determine and finalize the project scope, budget and schedule with the HED Design Team and start to procure long lead items such as pool pumps, heaters, filtration systems and chemical purifiers.
A Contract Change Order (CCO) has been administratively approved to move forward in inventory of equipment and parts, as well as to understand the existing conditions, in the context of what will be repaired, versus what will be replaced, and to confirm the new amenities that will be designed as part of both Phase 1A and Phase 1B. This CCO was required for staff to meet at the existing Aquatic Center to confirm the scope of work to be completed for the 2024 opening.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 5, 2023 Aquatic Center Improvement Project Update and Strategy to Open in Summer 2024
ATTACHMENTS:
None.
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN: