Santa Fe Springs City Council
January 11, 2024

5229795.3
This result makes sense: Conditional use permits specifically allow the Planning Commission (or City Council on appeal) to condition the project to ensure “proper integration of the [use] into the community, which may only be suitable in specific locations….” SFSMC § 155.711; see also SFSMC § 155.718 (allowing for conditions of approval). Given the clear risks presented by battery storage uses, the City should require a CUP in order to ensure that any proposed battery storage project will be safe, suitably located, and appropriately conditioned to protect the community.

Indeed, a CUP is even more important because City Staff has taken the position that no other discretionary approvals would be required beyond this Zone Determination—not even a Development Plan Approval (“DPA”). See August 17, 2023 email from City Staff (stating “No Development Plan Approval is required. You’ll just get site plan approval when you submit for plan check.”). In Staff’s view, even a 9.3-acre, 10-parcel, project with tens of thousands of square feet of development can be approved ministerially. Id. Instead, a CUP should be required to review each battery storage project, issue appropriate conditions, and mitigate potential deleterious impacts. Any other result makes no sense.

Finally, we note that, because battery storage uses are not listed within the conditionallypermitted use chart, a text amendment or similar legislative change must be made to the municipal code in order to allow battery storage uses by CUP. While the Planning Commission (or City Council on appeal) can allow certain additional conditionally-permitted uses in the M-2 zone not already listed in the chart (i.e., without a text amendment or legislative action), the code specifically limits this ability to “commercial and service type uses.” SFSMC § 155.243(K).

Battery storage uses, however, are not a commercial or service type use (unlike, for example, a bank, department store, office, supermarket, or restaurant, etc.). Accordingly, the City Council does not have the authority to allow it as a conditionally-permitted use through this or any other Zone Determination. A change to the municipal code is required first.

IV. The Community Opposes Battery Storage Projects.

At least twenty one (21) community members have submitted letters opposing the Project.

These neighbors remain rightfully concerned that the Project presents unique risks dissimilar from other uses allowed in the M-2 Zone. The City Council should take these concerns to heart.

We note that there are over a hundred permitted uses in the M-2 zone. As GridStor has previously admitted, the M-2 zone conditionally permits 98 other uses as well. GridStor Letter, p.

3. Thus, any number of beneficial uses exists for this site. Thus, no hardship will be worked by denying a Zone Determination for a use that neither the law nor the community support.

City of Santa Fe Springs
City Council
November 21, 2023

5229795.3
V. The Project Violates the California Environmental Quality Act The Planning Commission approved the Zone Determination in violation of the California Environmental Quality Act (“CEQA”). At the Planning Commission hearing, Staff claimed that the Zone Determination is not subject to the California Environmental Quality Act (“CEQA”) because the Zone Determination qualifies for the “common sense” exemption from CEQA. See CEQA Guidelines § 15061(c)(3). Staff and the City attorney argued that the Zone Determination merely constitutes an “interpretation of the existing code” and therefore does not result in a foreseeable impact on the environment.

This argument borders on the ridiculous. This is not a mere interpretation of the Code.

That’s the City’s Attorney’s job. This is a discretionary hearing in which the City Planning Commission (and City Council on appeal) gets to apply discretionary findings to decide for itself whether to authorize a new use in the M-2 zone. This has all of the hallmarks of a discretionary action subject to CEQA.

More importantly, the common sense exemption only applies “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” CEQA Guidelines § 15061(c)(3). In the case of the commonsense exemption, the burden of proof is on the lead agency, which must support its determination with evidence in the record demonstrating that it considered the probable environmental consequences. Muzzy Ranch Co. v. Solano Cnty. Airport Land Use Com., 41 Cal. 4th 372, 386 (2007). Here, staff has provided no analysis at all. Courts have found that a City’s rote, conclusory recital that the common sense exception applies does not satisfy CEQA. Davidon Homes v. City of San Jose, 54 Cal. App. 4th 106, 116 (1997).

In addition, the Zone Determination very much will have a significant effect on the environment: It will lead to the development of battery storage uses in the City. To wit: GridStor has already proposed an enormous project to take advantage of this change. No credible argument can be made that the Zone Determination will not lead to a significant effect on the environment.

Accordingly, the common sense exception does not apply. Indeed, courts have struck down the use of the common sense exemption for even more speculative development. See, e.g., Rominger v. Cnty. of Colusa, 229 Cal. App. 4th 690, 704 (2014) (common sense exemption did not apply to tentative map subdividing parcels where new parcels would theoretically be easier to sell, lease, and develop).

City of Santa Fe Springs
City Council
November 21, 2023

5229795.3
VI. GridStor’s Proposed Project Violates Bridgeland’s Property Rights.

Bridgeland owns certain rights to use portions of the surface and subsurface of the property underlying the Project for oil and gas operations. Additionally, Bridgeland serves as the “Unit Operator” of oil and gas wells and facilities on the lands unitized for oil and gas production as the Santa Fe Springs Unit (“SFS Unit”) and has certain duties that may necessitate Bridgeland’s use of the Project surface or subsurface in the future. Bridgeland’s rights to use the surface and subsurface of the Project are derived from certain instruments of public record.

Approving the Zone Determination would allow battery storage uses by right without any need for any additional discretionary approval. This would essentially allow GridStor to trample on Bridgeland’s property rights without any City oversight at all. This cannot and should not be the law. This highlights that, at minimum, a conditional use permit should be required for battery storage uses in the City.

VII. Conclusion
Battery storage are not like electric distribution substations; nor are they similar to or compatible with any other principally permitted uses in the M-2 zone. Indeed, they are uniquely dangerous and unsafe. Bridgeland and the community agrees: the City Council should not allow battery storage uses in the M-2 zone at all, much less by right. If the City nevertheless believes that battery storage uses may be appropriate, a CUP should be required. If so, the applicant must seek a text amendment to allow battery storage as a conditionally permitted use in the M-2 zone.

Very truly yours,
ERNEST J. GUADIANA
Elkins Kalt Weintraub Reuben Gartside LLP
EJG:jdm

APPROVED:

ITEM NO.:

RESOLUTION NO. 9892

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DENYING THE APPEAL OF THE PLANNING COMMISSION’S DECISION REGARDING ZONE DETERMINATION CASE NO. 2023-01
AND APPROVING ZONE DETERMINATION CASE NO. 2023-01

DETERMINING THAT A BATTERY ENERGY STORAGE SYSTEM WITH

DIRECT CONNECTION TO A PUBLIC UTILITY GRID IS A SIMILAR AND

COMPATIBLE USE WITH OTHER SIMILARLY PRINCIPALLY
PERMITTED USES LISTED IN THE M-2, HEAVY MANUFACTURING,

ZONE, AND ADOPTING A NOTICE OF EXEMPTION UNDER CEQA
SECTION 15061 (B)(3) (COMMON SENSE EXEMPTION)
WHEREAS, A Zone Determination (“ZD”) (Case No. 2023-01) request has been received and accepted; and
WHEREAS, on July 24, 2023, the City of Santa Fe Springs received a request from GridStor LLC for a ZD to determine that a battery energy storage system with direct connection to a public utility grid is a similar and compatible use with other similarly principally permitted uses listed in the M-2, Heavy Manufacturing, Zone (“Project”); and WHEREAS, per Section 155.241(Y) of the City’s Zoning Ordinance, the Planning Commission may, after study and deliberation, allow other similar uses as a principally permitted use if they are found not to be inconsistent with the purpose of the M-2, Heavy Manufacturing, Zone, they are similar to the uses listed as permitted uses, and they would be compatible to those uses; and
WHEREAS, the ZD (Case No. 2023-01), is an activity, but not subject to CEQA under California Environmental Quality Act (CEQA) Section 15060(c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the ZD (Case No. 2023-01), is considered a “project” as defined by CEQA, Article 20, Section 15378(a); and
WHEREAS, the Project is exempt per CEQA Section 15061(b)(3) (Common Sense Exemption) because it can be seen with certainty that there is no possibility that a determination that a battery storage system with direct connection to a public utility grid is similar to and compatible with other permitted uses within the M-2 Zone will have a significant effect on the environment and further, the action is not an approval of a specific project; and
WHEREAS, on November 13, 2023, the Planning Commission of the City of Santa Fe Springs considered the application, the written and oral staff report, and all testimony, written and spoken, at a duly noticed public hearing; and WHEREAS, on November 13, 2023, the Planning Commission at a duly noticed public hearing, by a 3-2 vote, approved ZD Case No. 2023-01 and determined the project was exempt from the CEQA pursuant to CEQA Section 15061(b)(3); and WHEREAS, on November 21, 2023, in accordance with Section 155.865 of the Santa Fe Springs Municipal Code, the City Clerk’s office received a formal appeal from Bridgeland Resources LLC, represented by law firm Elkins Kalt, regarding the Planning Commission’s decision to approve ZD 2023-01 and the related CEQA Determination (“Appeal”); and
WHEREAS, on December 26, 2023, the City of Santa Fe Springs City Clerk’s Office published a legal notice in the Whitter Daily News, a local paper of general circulation, indicating the date and time of the public hearing for the Appeal; and WHEREAS, on January 11, 2024, the City Council of the City of Santa Fe Springs considered the Appeal letter, the written and oral staff report, and all testimony, written and spoken, at a duly noticed public hearing; and
WHEREAS, the City Council denied the Appeal;
WHEREAS, the City Council ratified the Planning Commission’s decision to approve the Project; and
WHEREAS, the City Council determined that the Project was exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) (Common Sense Exemption); and
WHEREAS, the City Council approved Zone Determination Case No. 2023-01 determining that a battery energy storage system use with direct connection to a public utility grid is similar to and compatible with other similarly principally permitted uses listed in the M-2, Heavy Manufacturing, Zone and will not be inconsistent with the purpose of the M-2 Zone.

NOW THEREFORE, the City Council of the City of Santa Fe Springs hereby finds, declares and resolves as follows:

SECTION I. RECITALS
Based on staff presentations, testimony, and all other evidence presented to the City Council during the noticed public hearing of this matter, the City Council hereby finds and declares that the foregoing recitals are true and correct, and expressly incorporates them as substantive findings into this Resolution.

SECTION II. ENVIRONMENTAL FINDINGS AND DETERMINATION
The City Council find and determine that the ZD (Case No. 2023-01) is considered a “project” under the California Environmental Quality Act (CEQA); and as a result, the Project is subject to the City’s environmental review process. The Project, however, meets the criteria covered by the Common Sense Exemption found under CEQA Section 15061(b)(3).

Pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA), the City Council hereby finds and determines that the project is exempt. The Common Sense Exemption affirms that CEQA applies only to projects that have the potential for causing a significant effect on the environment. If it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment, the activity is not subject to CEQA. A zone determination that a battery energy storage system with a direct connection to a public utility grid is a similar and compatible use with other similarly principally permitted uses listed in the M-2, Heavy Manufacturing, Zone will not have a significant effect on the environment. This determination is solely an interpretation of the Zoning Code and lacks the site specificity or detailed aspects of any future project for analysis. No project is being approved with the zoning determination. Therefore, with certainty, this Zone Determination cannot have a significant effect on the environment.

SECTION III. ZONE DETERMINATION FINDINGS
Pursuant to Section 155.241(Y) of the City of Santa Fe Springs Zoning Ordinance, the Planning Commission made, after study and deliberation, the findings below:
(A) That the subject use is not inconsistent with the purpose of the M-2, Heavy Manufacturing, Zone.

The purpose of the M-2, Heaving Manufacturing, Zone as stated in Section 155.240 of the City of Santa Fe Springs Zoning Ordinance is for heavy industrial uses and, among other things, to promote uniform and orderly industrial development. A proposed battery energy storage system use is not inconsistent with other industrial uses permitted in the M-2 Zone such as an electrical distribution substation. A battery storage system use is no more intense than other principally permitted uses in the M2 Zone and is compatible with the uses of that zone. The subject use is not expected to interfere with any portion of the purpose of the M-2 Zone to create an aesthetically pleasing and desirable industrial environment. Battery energy storage system uses with direct connection to a public utility grid are well suited to comply with the aesthetic and operational requirements to fulfill and further the purpose of the M-2 Zone. (B) That the subject use would be similar to the uses listed as permitted in the M-2, Heavy Manufacturing, Zone.

All principally permitted uses in the M-L Zone and the M-1 Zone are also principally permitted uses in the M-2 Zone per Sections 155.211(A) and 155.241(A) of the City of Santa Fe Springs Zoning Ordinance.

A proposed battery energy storage system with direct connection to a public utility grid has been determined to be similar to the following principally permitted use currently listed within the City’s ML Zone:

Code Section: Principal Permitted Uses
155.181 Section 155.181
(N) Electric Distribution substation, electric transmission substation and public utility buildings.

The proposed use is similar to a typical electrical distribution substation in that they both involve the following features and operations:

1. Receiving transmission of electricity from transmission towers; and

2. Distributing received electricity into a public utility grid; and

3. Require supplemental equipment on-site to monitor and control the substation (i.e. circuit breakers, disconnects, safety systems, etc.); and

4. Are equipped with advanced safety features to prevent and mitigate the risk associated with high voltage electricity; and

5. Are primarily unmanned operations with the exception of occasional maintenance.

A battery energy storage system necessitates connection to electrical transmission lines for energy and subsequent distribution back into a public utility grid. This process is identical to that of a typical electric substation, with the exception that the received energy may also be stored temporarily in batteries before redistribution into the public utility grid.

Jurisdictions within Los Angeles County, including the County of Los Angeles and the City of Lancaster, permit battery energy storage system projects by-right in Industrial zones with only a ministerial (non-discretionary) site plan review. This means that approvals are granted without significant discretionary review.

The Los Angeles County Department of Regional Planning prepared and posted a memorandum titled “Subdivision and Zoning Ordinance Interpretation No. 2021-03 – Battery Electric Storage Systems,” dated October 18, 2021. In this memorandum, it stated that for the purposes of land use, battery energy storage systems are most similar to electric distribution substations.

In addition to jurisdictions making the determination that energy storage systems are likened to electric distribution substations, the California Public Utilities Commission (CPUC) recognizes that energy storage systems distribute energy, much like an electrical distribution substation would. The CPUC is the regulatory agency that oversees privately owned public utilities in the state of California.

To clarify, California Public Utilities Code section 2835(a)(1) defines an “energy storage system” to mean a commercially available technology that is capable of absorbing energy, storing it for a period of time, and thereafter dispatching the energy (Cal. Pub. Util. Code, § 2835(a)(1)). In other words, an energy storage system is designed to absorb, store, and release energy, which aligns with the functionality of a batter energy storage system.

Because a proposed battery energy storage system use is similar to an electric distribution substation, which is a permitted use in the M-2 Zone with other heavy industrial uses, it should be principally permitted in the M-2 Zone without a CUP. (C)That the subject use would be compatible with the uses listed as permitted in the M2, Heavy Manufacturing, Zone.

A proposed battery energy storage system is not any more intense than a typical electric distribution substation. There are several other electrical distribution substations currently within the City including at 14127 Carmenita Road, 12714 Los Nietos Road, and another at the southeast corner of Pioneer Boulevard and Rivera Road. The battery energy storage system process is similar to that of a typical electric substation with the exception that the received energy may also be stored for a period of time in the batteries prior to being distributed back into the public utility grid.

Screening, setbacks, landscaping and other development standards typical with an electrical distribution substation will be required for any battery energy storage system.

Strict compliance to the development standards and state regulatory procedures will ensure that battery energy storage system uses with direct connection to a public utility grid will be compatible with other uses permitted in the zone.

Noise and visual impacts associated with the use will be minimized by utilizing enclosure units and proper screening throughout any site. All construction and permitting related to the project will be reviewed by the Planning, Building, and Fire Department. As such, all Zoning, Building, and Fire safety codes will be met.

Additionally, the battery energy storage system will be monitored and controlled at a level similar to a typical electric substation.

SECTION IV. CITY COUNCIL ACTION
The City Council hereby adopts this Resolution No. 9892 ratifying the Planning Commission’s decision, determining that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), and approving ZD Case No. 2023-01 determining that a battery energy storage system with direct connection to a public utility grid is a similar and compatible use with other similarly principally permitted uses listed in the M-2, Heavy Manufacturing, Zone.

APPROVED and ADOPTED this 11th day of January, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jay Sarno, Mayor
ATTEST:
_________________________
Janet Martinez, CMC, City Clerk
ITEM # 7

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: Fernando N. Muñoz, Deputy City Clerk
SUBJECT: APPOINTMENTS TO CITY COMMISSIONS/COMMITTEES AND

EXTERNAL ORGANIZATIONS
DATE: January 11, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Review and make appointments to City commissions and committees as desired; and
2) Review and make appointments to City Council liaisons to advisory committees as desired; and
3) Review and make appointments to City Council subcommittees as desired; and 4) Review and make appointments to external organizations as desired; and 5) Take such additional, related, action that may be desirable.

FISCAL IMPACT
None.

BACKGROUND AND DISCUSSION
Each year upon City Council reorganization, the City Council is presented with an opportunity to make appointments to City commissions and committees, City Council liaisons to advisory committees, City Council subcommittees, and external organizations.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024 Appointments to City Commissions/Committees and External Organizations

City Commissions and Committees
Attachment A is a chart of City commissions and committees and their current membership. The City Council may review and revise or appoint additional members as indicated on the chart.

Liaisons to Advisory Committees
A City Council member has been designated to serve as a liaison to each City commission or committee. The purpose of a liaison is to facilitate communication and connection between the City Council and the commission or committee.

Council Subcommittees
Council subcommittees are created to discuss ongoing items under their jurisdiction which are standing committees or temporary specific to a topic and limited in duration, which are ad hoc committees. Subcommittees consist of no more than two Council members. Attachment C is a chart of the subcommittees for 2023 for the City Council’s review.

Regarding the ad hoc committees relating to the budget for Fiscal Year 2024-2025, one or more budget study sessions will be held for the full City Council. Additionally, the billboard ad hoc committee has fulfilled its scope and is no longer needed.

Appointments to External Organizations
Attachment D is a chart of external organizations to which a Council member may be appointed as a delegate and another Council member as an alternate, as indicated in the chart. Certain external appointments require the Mayor to be appointed as the delegate.

ENVIRONMENTAL
None.

SUMMARY/NEXT STEPS
Appointments are effective immediately.

ATTACHMENT(S):

Attachment A – City Advisory Commissions and Committees Attachment B – City Council Liaisons to Advisory Committees Attachment C – 2023 City Council Subcommittees
Attachment D – External Organizations
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024 Appointments to City Commissions/Committees and External Organizations

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

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 Vacant
Vacant
Vacant
Vacant
Zamora Hilda Zamora*
Marina Gurrola
Mary Arias
Vacant
Sarno Vacant
Sally Gaitan*
Jeannette Lizarraga
Vacant
Rodriguez Elena Lopez*
Mark Scoggins
Gloria Maghame
Vacant
Martin Vacant
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 Vacant
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*
Kerry Ann Cobos
*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 John Mora*
Zamora Hilda Zamora*
Sarno Peggy Radoumis
Rodriguez Francis Carbajal*
Martin Sally Gaitan*
Elena Lopez*
Gloria Maghame
Gabriel Jimenez
Debbie Baker
Council Liaison Bill Rounds
Council Alternate Vacant
René Bobadilla
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
Vacant
Vacant
Vacant
Zamora Vacant
John Mora*
Vacant
Vacant
Vacant
Sarno Dani Cook
Kerry Ann Cobos
Vacant
Mark Scoggins
Vacant
Rodriguez Priscilla Rodriguez
Lisa Garcia
Johnny Hernandez
Isabel Cervantes
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
Paul Nakamura
Yoko Nakamura
Vacant
Zamora Hilda Zamora*
Josefina Lara
Vacant
Vacant
Vacant
Sarno Gilbert Aguirre
Janie Aguirre
Bonnie Fox
Vacant
Vacant
Rodriguez Johnny Hernandez
Vacant
Vacant
Vacant
Vacant
Martin Dolores Duran
Vacant
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 Vacant
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
Sophie Pantoja
Vacant
Zamora Vanessa Doss
Valerie Gamboa
Vacant
Vacant
Sarno Vacant
Valerie Bojorquez
Vacant
Vacant
Rodriguez Zulema Gamboa
Jisel Morales
Mikaela Oliva
Vacant
Martin Alan Duque
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
Julie Garcia (until December 2023)
Blake Carter (until April 2024)
Maria Salazar (until April 2024)
Family & Human Services
Miriam Herrera (until April 2024)
Heritage Arts
Maria Salazar (until February 2024)
Laurie Rios (until March 2024)
Personnel Advisory Board
Parks & Recreation
Jeannette Lizarraga (until May 2024)
Ralph Aranda (until March 2024)
Eddie Barrios(until April 2024)
William Logan (until May 2024)
Planning Commission
Senior
Traffic Commission
Linda Vallejo (until March 2024)
Youth Leadership
Organization Council
Liaison
Executive
Secretary
Meeting
Frequency
Meeting
Date
Meeting
Time
Meeting
Location
Historical &
Community
Preservation
Vacant Deborah Raia
Sec. - Gladys
Magaña
Monthly except
July, Aug, Dec
4th Wed 9:30 AM Town Center
Family & Human
Services Advisory
Committee
Sarno Ed Ramirez/ Jose
Carrillo
Sec. - Jasmine Oregel
Monthly except
Sept/Dec.
3rd Wed of
the month
5:45 PM Gus Velasco
Neighborhood
Center
Heritage Arts Advisory
Committee
Rounds Ed Ramirez
Sec. - Immanuel C.

Monthly except
Dec
Last Tues 9:00 AM Gus Velasco
Neighborhood
Center
Parks & Recreation
Advisory Committee
Rounds Gustavo
Hernandez/Leanne
Iezza/
Monthly except
Jul, Aug, Dec
1st Wed 6:30 PM Town Center Hall
Mtg Room #1
Sec. - Esmeralda
Elise
Subcom
6:00 pm
Senior Advisory
Committee
Sarno Jose Carillo/Ed
Ramirez
Sec. - Jasmine Oregel
Monthly except
Sept./Dec.
2nd Tues of
the month
9:30 AM Gus Velasco
Neighborhood
Center
Youth Leadership
Committee
Martin Wayne Bergeron/
Manny Cantu
Sec. - Esmeralda Elise
Monthly except
July
1st Mon 6:30 PM Town Center
2023 Council Appointed City Committees/Commissions
REV: 11/29/2023

NAME TYPE MEMBERS
Audit/Finance Committee Standing Sarno
Rounds
Billboards Ad Hoc Rounds
Sarno
Budget Ad Hoc Rounds
Events and Programs Rodriguez
Budget Ad Hoc Sarno
Revenue and Fees Zamora
Capital Improvements Projects Standing Rounds
Sarno
Whittier PD Contract Ad Hoc Rounds
Sarno
Parcel Tax on 2024 Ballot Ad Hoc Martin
(formed in November 2023) Sarno
2023 Council Sub-Committees
Organization Council
Liaison
Staff
Representative
Meeting
Day
Meeting
Time Stipend Meeting Location
California Contract
Cities Association
Martin N/A 3rd Wed 6:00pm N/A 17315 Studebaker Rd,
Suite 210, Cerritos CA
Chamber Youth
Enrichment Fund
Board
Rounds N/A 2nd Wed
bi-month
1:00pm N/A Chamber Office
City Selection
Committee (League
of Cal Cities) (Mayor is
Rep)
Mayor
Vacant - Alt
N/A
Gateway Cities
Council of
Governments
Martin
Alt-Sarno
N/A 1st Wed 6:00pm $125.00
per mtg.
16401 Paramount,
2nd Floor, Board
Room, Paramount
91/605/405
Committee
(Subcommittee of
COG)
Martin N/A 4th Wed 6:00pm $100.00
per mtg.

Gateway COG,
16401 Paramount Bl,
Paramount
I-5 Consortium
Policy Board
Sarno
Alt-Rounds
CM for Admin
Meeting (2nd
Wednesday)
4th Mon 2:00pm $150.00
per mtg.

Norwalk City Hall,
12700 Norwalk Blvd,
Norwalk
Joint Powers
Insurance Authority
Sarno
Vacant - Alt
N/A 3rd Wed
in Jul
6:00pm
Dinner
7:00pm
Meeting
$100.00
per mtg.

JPIA Offices, 8081
Moody, La Palma
LA CADA Vacant N/A Last Wed 7:00pm N/A Allen House, 10425 Painter Ave, SFS
League of California
Cities
Martin
Alt-Sarno
N/A 1st Thur 6:30pm N/A MWD Courtyard
Café, 700 N.

Alameda, LA
Sanitation District
(Mayor is Rep)
Mayor
Martin AltRounds
N/A 4th Wed 1:30pm $125.00
per mtg.
1955 Workman Mill
Rd, Whittier
SFHS Education
Foundation
Sarno N/A Twice a
year
Varies N/A SFHS
2023 External Organizations
REV: 11/29/2023
N/A
Organization Council
Liaison
Staff
Representative
Meeting
Day
Meeting
Time Stipend Meeting Location
2023 External Organizations
SASSFA Rounds
Alt - Vacant
Maricela
Balderas
4th Thur 12:00pm N/A 10400 Pioneer Blvd.
#9 SFS
SEAACA Martin
Alt- Rounds
Dino Torres 3rd Thur 2:00pm $225.00
per mtg.
9777 SEAACA Way,
Downey
Southeast Water
Coalition
Board
Sarno N/A 1st Thur
of every
even mo.
6:30pm
Dinner
7:00pm
Meet
$150.00
per mtg.

City of Vernon City Hall
Southern California
Association of
Governments
(SCAG)
Martin
Alt - Vacant
N/A Annual
Meeting in
May
orJune
May N/A 900 Wilshire Blvd
Ste. 1700
Los Angeles, CA
90017
Vector Control
Appt can be for 2 or
4 yrs.

Rounds N/A Mar 2021-
Mar 2025
$100.00
per mtg. 12545 Florence Ave
SFS, CA 90670
REV: 11/29/2023
ITEM # 8

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: James Enriquez, P.E., Director of Public Works
SUBJECT: AMENDMENT NO. 2 TO THE COOPERATIVE AND FUNDING

AGREEMENT WITH METRO FOR THE ROSECRANS / MARQUARDT

GRADE SEPARATION PROJECT
DATE: January 11, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Authorize the Mayor to sign Amendment No. 2 to the Cooperative and Funding Agreement for the Rosecrans/Marquardt Grade Separation Project between the Los Angeles County Metropolitan Transportation Authority and the City of Santa Fe Springs; and
2) Approve a Professional Services Agreement with RailPros, Inc. to provide rail road flagging services for the Rosecrans Marquardt Grade Separation Project; and 3) Take such additional, related action that may be desirable.

FISCAL IMPACT
The City will be reimbursed by Metro up to $1,000,000 for BNSF related flagging costs to the Project. Costs that exceed this amount may be reimbursed with written justification by the City and approval by Metro.

BACKGROUND
As per BNSF Guidelines, a flagman is required when performing any work within 25 feet of the centerline of any track. Construction work is prohibited within 50 feet of the track centerline during the passage of a train, and all personnel must clear the area within 25 feet of the track centerline and secure all equipment in the presence of trains.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024 METRO COOPERATIVE AND FUNDING AGREEMENT AMENDMENT NO. 2 FOR

THE ROSECRANS / MARQUARDT GRADE SEPARATION PROJECT

As per the executed Construction & Maintenance (C&M) Agreement for the project between BNSF, LA Metro, and the City of Santa Fe Springs dated March 22, 2018, BNSF committed to providing Metro's Contractor with the services of one or more BNSF flagmen during each workday of the construction phase, as required by Metro's Contractor.

However, BNSF notified Metro via an email dated October 2, 2022, that BNSF had transitioned from performing railroad flagging to contracted flagging with RailPros Inc.

Consequently, Metro needed to engage RailPros through the Metro Regional Rail On-call Services to perform flagging services during the construction of the Rosecrans/Marquardt Overpass at BNSF's San Bernardino Subdivision, M.P. 157.81, U.S. D.O.T No. 967635B.

Metro Regional Rail, under their On-Call Program, had been issuing task orders to RailPros and AECOM to carry out railroad flagging services for the Rosecrans project.

Both companies received a Notice to Proceed to provide flagging services in support of assigned construction tasks. RailPros commenced operations on January 9, 2023, with their flagging support anticipated to conclude by the first week of May 2023.

Subsequently, AECOM sought BNSF's approval to initiate flagging services, but BNSF declined to approve AECOM or their subconsultant (Kleinfelder) for providing railroad flagging on BNSF property, stipulating that only RailPros would be permitted to conduct flagging services within BNSF's railroad right-of-way.

Since BNSF withheld approval for AECOM to proceed with flagging services, Metro continued with RailPros, extending their period of performance for flagging services until November 17, 2023. As of now, the entire flagging budget under Metro’s contract has been exhausted and Metro can no longer utilize RailPros services via their Regional Rail On-call Services contract. They will be required to rebid the services and the time for the bidding process will result in a construction delay. Metro has requested that the city contract directly with RailPros and will reimburse the city.

Amendment No. 2 to the Metro Cooperative and Funding Agreement for the project allows for the City to take over the flagging scope of services for the project, along with the ability to be 100% reimbursed by Metro for the services that are required for the project.

The Professional Services Agreement (PSA) with RailPros allows for a seamless transition of services for the project. RailPros will continue with the work, and the City of Santa Fe Springs will be 100% reimbursed via the Metro Rosecrans Marquardt MOU Amendment 2, which allows up to $1 million in total reimbursement.

ENVIRONMENTAL
Not applicable.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024 METRO COOPERATIVE AND FUNDING AGREEMENT AMENDMENT NO. 2 FOR

THE ROSECRANS / MARQUARDT GRADE SEPARATION PROJECT

DISCUSSION
Metro has requested that the City contract directly with RailPros for the rail road flagging services for the project in order to ensure uninterrupted flagging services in support of the construction of the project. The City will be reimbursed by Metro 100% of this cost.

Contracting directly by the City will ensure no interruption in services that would likely occur if Metro is required to solicit bids for these services.

SUMMARY/NEXT STEPS
Upon the approval of the City Council of the recommended actions, City staff will coordinate with Metro and the Project Team the delivery uninterrupted rail road flagging services for the project.

ATTACHMENT(S):

A. Attachment A – Cooperative Agreement
B. Attachment B – Amendment No. 2
C. Attachment C – Professional Services Agreement between the City and RailPros

ATTACHMENT A

SECOND AMENDMENT TO

COOPERATIVE AND FUNDING AGREEMENT FOR THE

ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT

BY AND BETWEEN

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND

THE CITY OF SANTA FE SPRINGS
This Second Amendment (“Amendment”) is made and entered into this _____ day of _______, 2024, by and between the City of Santa Fe Springs (“City”) and Los Angeles County Metropolitan Transportation Authority (“LACMTA”).

WHEREAS, on July 13, 2018, the City and LACMTA entered into a Cooperative and Funding Agreement (“Agreement”) in connection with the Rosecrans/Marquardt Grade Separation Project (“Project”); and
WHEREAS, the City and LACMTA desire to amend the Agreement to provide for the City to contract for flagging services for the Project as determined by LACMTA; and WHEREAS, the parties agree that LACMTA will reimburse the City for any such flagging services; and
WHEREAS, the parties further agree that the ability of the City to contract for flagging services will not be effective until the execution of this Amendment by both parties.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. Section 2.11.9 is hereby added to the Agreement as follows:
“2.11.9 Flagging Services: Upon request and as determined by LACMTA, the City shall contract for flagging services for the Project. LACMTA hereby agrees to reimburse the City, in an amount not to exceed One Million Dollars ($1,000,000), for all such flagging services. LACMTA shall reimburse the City for the flagging services in accordance with Section 8.1 of this Agreement. The provisions of Section 10.1 “Indemnity” shall apply to the flagging services provided by the City and its flagging contractor.”

2. The first sentence of Section 8.1 in the Agreement is hereby amended to read: “LACMTA shall reimburse City for services performed in accordance and pursuant to Sections 2.11.9 and 2.12.5 in the manner provided by this Agreement”.

3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
2 IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.

CITY OF SANTA FE SPRINGS LOS ANGELES COUNTY

METROPOLITAN

TRANSPORTATION AUTHORITY

____________________________ ____________________________ Jay Sarno, Mayor
Date: ______________________ Date: _______________________ ATTEST:
_____________________________
Fernando Muñoz, Deputy City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel

__________________________
Ivy M. Tsai, City Attorney By: Deputy
REV092023 Page 1 of 14 RailPros Field Services, Inc.

CITY OF SANTA FE SPRINGS

PROFESSIONAL SERVICES AGREEMENT
WITH
RAILPROS FIELD SERVICES, INC.

This Professional Services Agreement (“Agreement”) is made and effective as of January 1, 2024 (“Effective Date”), by and between the City of Santa Fe Springs, a California municipal corporation, (“City”) and RailPros Field Services, Inc., a Texas corporation (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until the services described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the services described in Exhibit A attached hereto and incorporated herein as though set forth in full (“Services”). Consultant shall complete the Services according to any schedule of performance set forth in Exhibit A. To the extent that Exhibit A contains provisions inconsistent with this Agreement, the provisions of this Agreement shall govern.

3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.

4. CITY MANAGEMENT
The Public Works Director or designee shall represent the City in all matters pertaining to the administration of this Agreement, including review and approval of all products submitted by Consultant.

5. PAYMENT
A. City agrees to pay Consultant in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A based upon actual time spent on the above tasks.

B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, REV092023 Page 2 of 14 RailPros Field Services, Inc.
unless such additional services are authorized in advance and in writing by the Public Works Director or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.

C. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within thirty (30) days of receipt of an invoice therefor.

6. TERMINATION OF AGREEMENT WITHOUT CAUSE
A. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten (10) days’ prior written notice. Upon receipt of said notice, Consultant shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the City pursuant to Section 5.

7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. Consultant shall be responsible for costs incurred by the City due to Consultant’s failure to comply with this section. The City shall have the right to offset against the amount of any fees due to Consultant any costs incurred by the City as a result of Consultant’s default.

8. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that REV092023 Page 3 of 14 RailPros Field Services, Inc.
relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement.

9. INDEMNIFICATION AND DEFENSE
To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless the City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”), at Consultant’s sole expense, from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by the City in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to City.

REV092023 Page 4 of 14 RailPros Field Services, Inc.

10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached hereto and made a part of this Agreement.

11. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The City shall have the right to offset against the amount of any fees due to Consultant under this Agreement as a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.

C. In the event that Consultant or any employee, agent, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for REV092023 Page 5 of 14 RailPros Field Services, Inc.
the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

D. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in CalPERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

14. NO BENEFIT TO ARISE TO CITY EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.

15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the REV092023 Page 6 of 14 RailPros Field Services, Inc.

City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or with respect to any project or property located within the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant.

However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.

16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mail by the United States Postal Service, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To the City: City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Public Works Director
To Consultant: RailPros Field Services, Inc.
1320 Greenway Dr., Suite 490,
Irving, Dallas County, TX 75038
Attention: Daniel Carter
REV092023 Page 7 of 14 RailPros Field Services, Inc.

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. 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.

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. NON-EXCLUSIVE AGREEMENT
Consultant acknowledges that the City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

REV092023 Page 8 of 14 RailPros Field Services, Inc.

23. 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.

24. 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.

25. 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.

26. 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 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.

27. 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.

REV092023 Page 9 of 14 RailPros Field Services, Inc.

28. 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.

29. 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 CONSULTANT

Name: René Bobadilla, City Manager Name:

Title:

Date: Date:

ATTEST CONSULTANT

Fernando Muñoz, Deputy City Clerk Name:

Title:

Date: Date:

APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachments: Exhibit A Services
Exhibit B Insurance Requirements

EXHIBIT A

SERVICES
1320 Greenway Dr. Suite 490
Irving, TX 75038
P: (877) 315 – 0513 Option 1
w w w . r a i l p r o s . c o m
12/21/2023
Yvette Kirrin
City of Santa Fe Springs
562 868-0511
[email protected]
Subject: Quote for RWIC Services
Dear Ms. Kirrin,
Thank you for contacting RailPros to provide a Roadway Worker In Charge (RWIC) for the upcoming project in Santa Fe Springs, CA.

RailPros provides associates with extensive railroad experience, all qualified in GCOR, Maintenance-of-Way, and On-track safety. All RailPros RWICs are dedicated to safety on the jobsite.

RailPros charges a daily rate which includes an 8-hour on-site workday, mobilization, and Per Diem costs. Our services are billed for the RWICs time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the RWIC’s 8 hours will be charged at an hourly overtime rate.

The rates for our services are as follows:

One Time Administrative Fee:

Certified payroll set-up fee $100.00
Weekly Administrative Fee:

Certified payroll reports $50.00
Standard Workday:

Standard 8-hour day $1,445.00
Overtime rate per hour after 8 hours $185.00
Nights, Weekends, and Holidays:

Standard 8-hour day $1,766.00
Overtime rate per hour after 8 hours $225.00
In the event of cancellation, if RailPros Management is given less than 24 hours’ notice, it is considered a billable day. Cancellations must be made in writing to [email protected].

This quote is based on RailPros understanding of prevailing wage requirements in Los Angeles County, CA.

Invoices are submitted upon completion of the job or at month’s end. On-going jobs are billed on a monthly basis. Payments of invoices are due upon receipt. Invoices are subject to a 1.5% fee for every 30 days the payment is delinquent. Please contact RailPros at 877-315-0513 or [email protected] for more information.

The quoted rates are valid for 30 days.

RailPros (SOW) Scope of Work
RailPros agrees to provide flagging and other staff support services to client or its contractors (the "Services") at the dates, locations and times requested by client. The Services will be provided pursuant to the terms and conditions in the Agreement. RailPros will require employees and any subcontractors and agents involved in the providing such Services to comply with the applicable terms of this Agreement in providing such Services. RailPros warrants that (i) Services will be provided in a workmanlike manner, (ii) RailPros Personnel will have the requisite experience, skills, knowledge, training and education to perform Services in a professional manner and in accordance with this Agreement. The Services will be provided in compliance with all governmental laws, regulations, and rules, and in accordance with Maintenance of Way and Signal Department On-Track-Safety Roadway Worker Rules and the Company's Operating Rules. A Scope of Services/Service Quote shall be prepared for each site at which the Services are to be performed, and it shall become apart of this Agreement when authorized in writing by each party's authorized representative.

The Scope of Services will set forth, at a minimum, the cost, location, dates, times and expected number of personnel required for each job site.

Initial - _

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 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.

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 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.

ITEM # 9

CITY OF SANTA FE SPRINGS

SUCCESSOR AGENCY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., Executive Director
BY: Lana Dich, Director of Finance & Administrative Services SUBJECT: ADOPT RESOLUTION SA-2024-001 APPROVING THE SUCCESSOR AGENCY’S RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS
24-25) AND ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2025
DATE: January 11, 2024
RECOMMENDATION(S):

It is recommended that the Water Utility Authority:
1) Adopt Resolution SA-2024-001 Approving the Successor Agency’s Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the Period July 1, 2024 through June 30, 2025.

FISCAL IMPACT
As detailed in the ROPS, the funding for listed obligations in the amount of $19,969,417 will be from the RPTTF and reserves.

BACKGROUND
State legislation, ABX1 26 and AB 1484, created Successor Agencies, which are tasked with the responsibility of winding down former Redevelopment Agencies. As a requirement of the wind down process, the Successor Agencies were originally required to provide a Recognized Obligation Payment Schedule (“ROPS“) every six months identifying overall outstanding debt for all enforceable obligations with the Agency, as well as the estimated amount needed for each of those obligations during the six-month period covered by that ROPS. Effective July 1, 2016, the ROPS period changed from semiannual to annual. In addition, Successor Agencies are required to prepare an WATER UTILITY AUTHORITY AGENDA REPORT – MEETING OF JANUARY 11, 2024
Adopt Resolution SA-2024-001 Approving the Successor Agency’s Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the Period July 1, 2024 through June 30, 2025

Administrative Budget detailing the anticipated administrative costs associated with carrying out the responsibilities of the Successor Agency.

The ROPS and Administrative Budget are required to be considered and approved by the Oversight Board (“OB”). Once approved, the ROPS and the OB Resolution are submitted to the California Department of Finance (“DOF”) for subsequent review and final approval.

The approved ROPS is then used by Los Angeles County to distribute property tax funds from the Redevelopment Property Tax Trust Fund (“RPTTF”) to the Successor Agency in order to pay the approved obligations. The RPTTF deposits consist of the tax increment formerly allocated to the Community Development Commission. Any RPTTF deposits in excess of the approved obligations are distributed to various taxing agencies, including the City.

Attached for approval is the annual ROPS covering the period of July 1, 2024 through June 30, 2025. The ROPS has been prepared using the format mandated by DOF. In addition to listing the enforceable obligations, the ROPS includes a summary, as well as a table detailing the available balances retained by the Successor Agency.

The obligations reported on this ROPS are consistent with prior periods and include bond debt service payments, professional services, property management, and administrative costs.

Obligations to be funded with distributions from the RPTTF and reserves during fiscal year (“FY”) 2024-25 are summarized as follows:

Bonded Debt Payments (24-25A) $ 10,126,762
Bonded Debt Payments (24-25B) 9,335,000
Administrative Cost Allowance 459,655
Property Management Costs 28,000
Professional Fees 20,000
Total $ 19,969,417
The September 2024 bond payment ($10,126,762) includes $9,745,881, which the Successor Agency received in January 2024 because it was previously approved on the ROPS for FY 2023-24. However, the amount is required to be included on the ROPS to reflect the distribution which will be made from fiscal agent accounts in September 2024 (ROPS 24-25A period). This amount will not be included in the RPTTF distribution to be received in June 2024.

The proposed Administrative Budget (attached) consists of the Successor Agency’s personnel and non-personnel operating costs anticipated for Fiscal Year 2024-25. The Successor Agency personnel along with the approximate percentage of staff time spent WATER UTILITY AUTHORITY AGENDA REPORT – MEETING OF JANUARY 11, 2024
Adopt Resolution SA-2024-001 Approving the Successor Agency’s Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the Period July 1, 2024 through June 30, 2025

on Successor Agency activities includes: City Manager (3%), Assistant City Manager (3%), Director of Finance & Administrative Services (11%), Director of Planning (15%), Budget Manager (10%), two Accountants (14% & 15%) and City/Successor Agency Clerk (8%). Non-personnel costs include Successor Agency legal counsel (Jones & Mayer), auditing services (Clifton Larson Allen), miscellaneous professional services, and travel and meeting costs. In addition to these costs, there is a City Support Services cost, which consists of a cost allocation using the City’s standard overhead rate.

Under HSC Section 34171(b), the annual administrative cost allowance is the greater than 3% of property taxes allocated to the Successor Agency in the prior year or $250,000. The amount claimed on the ROPS 24-25 is based on the property tax allocation method and amounts to $459,655.

The OB is scheduled to approve the ROPS 24-25 at their meeting on January 16, 2024.

The approved ROPS 24-25 must be submitted to DOF by February 1, 2024.

ANALYSIS
NA

ENVIRONMENTAL
NA

DISCUSSION
NA

SUMMARY/NEXT STEPS
Staff will present the ROPS 24-25 at the OB meeting scheduled on January 16, 2024.

Staff will also submit the ROPS 24-25 to the DOF by February 1, 2024.

ATTACHMENT(S):

A. Attachment A – Resolution SA-2024-001
B. Attachment B – Exhibit A – ROPS for July 1, 2024 through June 30, 2025 (ROPS 24-25)
C. Attachment C – Administrative Budget for July 1, 2024 through June 30, 2025 WATER UTILITY AUTHORITY AGENDA REPORT – MEETING OF JANUARY 11, 2024
Adopt Resolution SA-2024-001 Approving the Successor Agency’s Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the Period July 1, 2024 through June 30, 2025

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

APPROVED:

ITEM NO.:

RESOLUTION NO. SA-2024-001

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS ACTING

AS SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT

COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SANTA FE SPRINGS

APPROVING THE SUCCESSOR AGENCY'S RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR JULY 1, 2024 THROUGH JUNE 30, 2025 (ROPS 24-25)

THE CITY COUNCIL ACTING AS SUCCESSOR AGENCY HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to its responsibility set forth in Section 34180(9) of the California Health and Safety Code, the City Council hereby approves the Successor Agency's Recognized Obligation Payment Schedule (ROPS), attached hereto as Exhibit "A", as described in Sections 34171 and 34177 of the aforesaid Code, for the period July 1, 2024 through June 30, 2025.

SECTION 2. The City Council hereby approves the Successor Agency’s Administrative Budget, attached hereto as Exhibit “B”, as described in Section 34171 of the California Health and Safety Code, for the fiscal period of July 1, 2024 to June 30, 2025.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Resolution, or any part hereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Resolution. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Resolution irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

SECTION 5. The Successor Agency's officials and staff are hereby authorized and directed to transmit this Resolution and take all other necessary and appropriate actions as required by law in order to effectuate its purposes.

APPROVED and ADOPTED this 11th day of January, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAlN:

Jay Sarno, Mayor
ATTEST:

Fernando N. Munoz, CMC, Deputy City Clerk
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Santa Fe Springs
County: Los Angeles
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 9,745,881 $ - $ 9,745,881 B Bond Proceeds - - -
C Reserve Balance 9,745,881 - 9,745,881
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 629,708 $ 9,593,828 $ 10,223,536 F RPTTF 399,881 9,364,000 9,763,881
G Administrative RPTTF 229,827 229,828 459,655
H Current Period Enforceable Obligations (A+E) $ 10,375,589 $ 9,593,828 $ 19,969,417 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Santa Fe Springs
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
24-25 Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$27,729,418 $19,969,417 $- $9,745,881 $- $399,881 $229,827 $10,375,589 $- $- $- $9,364,000 $229,828 $9,593,828 5 2006 Tax
Allocation
Bonds Series A
Bonds Issued
On or Before
12/31/10
12/07/
2006
09/01/2028 US Bank Redevelopment
Activities
Consolidated 26,445,000 N $18,700,000 - 9,365,000 - - - $9,365,000 - - - 9,335,000 - $9,335,000 16 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 09/01/
2002
06/30/2018 Arnold D
Horodas
Called
registered
principal -
CUSIP
802188EG3
Consolidated - N $- - - - - - $- - - - - - $-
17 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 09/01/
2002
06/30/2018 Arnold D
Horodas
Called
registered
principal -
CUSIP
802188EH1
Consolidated - N $- - - - - - $- - - - - - $-
18 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 09/01/
2002
06/30/2018 Moya E
Monroe
Called
registered
principal -
CUSIP
802188EE8
Consolidated - N $- - - - - - $- - - - - - $-
20 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 09/01/
2001
06/30/2018 Arnold D
Horodas
Registered
interest
Consolidated - N $- - - - - - $- - - - - - $-
21 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 03/01/
2002
06/30/2018 Arnold D
Horodas
Registered
interest
Consolidated - N $- - - - - - $- - - - - - $-
22 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 09/01/
2001
06/30/2018 Arnold D
Horodas
Registered
interest
Consolidated - N $- - - - - - $- - - - - - $-
23 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 09/01/
2001
06/30/2018 Moya E
Monroe
Registered
interest
Consolidated - N $- - - - - - $- - - - - - $-

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
24-25 Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
24 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 03/01/
2002
06/30/2018 Moya E
Monroe
Registered
interest
Consolidated - N $- - - - - - $- - - - - - $-
25 1992
Redevelopment
Refunded
Bonds -
Unclaimed
Funds
Miscellaneous 09/01/
2002
06/30/2018 Moya E
Monroe
Registered
interest
Consolidated - N $- - - - - - $- - - - - - $-
26 Proportional
Share of
Unfunded
Liabilities
Unfunded
Liabilities
02/10/
2011
06/30/2042 City of SFS Obligation to
Share in
Payment of
Unfunded
Liabilities
Combined - N $- - - - - - $- - - - - - $-
45 Weed
Abatement
Property
Maintenance
07/01/
2018
06/30/2022 Mayfield
Enterprises
Weed
Abatement
Service
Consolidated 20,000 N $20,000 - - - 10,000 - $10,000 - - - 10,000 - $10,000 58 Administrative
Expenses
Admin Costs 07/01/
2018
06/30/2019 City of SFS Successor
Agency
Administration
Consolidated 459,655 N $459,655 - - - - 229,827 $229,827 - - - - 229,828 $229,828 59 Fiscal Agent
Fees
Professional
Services
07/01/
2018
06/30/2019 US Bank Fiscal Agent
Fees
Consolidated 10,000 N $10,000 - - - 5,000 - $5,000 - - - 5,000 - $5,000 66 Property
Disposition
Agreement
Property
Dispositions
07/08/
2008
06/30/2017 McGranahan
Carlson &
Company
Agreement for
disposition of
sales proceeds
Consolidated - N $- - - - - - $- - - - - - $-
67 2016 Tax
Allocation
Refunding
Bonds
Bonds Issued
After 12/31/10
07/28/
2016
09/01/2024 US Bank Refund prior
bonds for
savings
Consolidated 761,763 N $761,762 - 380,881 - 380,881 - $761,762 - - - - - $- 68 Continuing
Disclosure
Professional
Services
10/05/
2016
06/30/2029 Urban
Futures Inc.

Continuing
Disclosure
Services -
Bonds
Consolidated 25,000 N $10,000 - - - - - $- - - - 10,000 - $10,000 71 Water Property
Maintenance
07/01/
2018
06/30/2019 City of Santa
Fe Springs
Water costs for
vacant land
Consolidated 8,000 N $8,000 - - - 4,000 - $4,000 - - - 4,000 - $4,000 75 Arbitrage
Rebate
Calculations
Professional
Services
07/01/
2016
06/30/2029 BLX Group Arbitrage
Rebate
Calcuations
Consolidated - N $- - - - - - $- - - - - - $-
Santa Fe Springs
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
- - 6,532,500 - -
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
18,047,550 - 320,119
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
18,047,550 6,532,500 319,856
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 263 $44 Continuing Disclosure $219 Water 6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $- $-
Santa Fe Springs
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
5 16
17 18
20 21
22 23
24 25
26 45
58 59
66 67
68 71
75 Resolution SA-2024-001
January 11, 2024

CITY OF SANTA FE SPRINGS
Successor Agency to the Santa Fe Springs Community Development Commission Administrative Budget
Fiscal Period July 1, 2024 – June 30, 2025
Description Jul 2024 – Jun 2025
Salaries $ 27.6% 127,523
Applied Benefits 39.7% 182,294
Total Personnel Costs 309,817
City Support Services (Overhead) 108,436 23.6%
Professional Services 8,000 1.8%
Independent Audit Services 15,000 3.3%
Oversight Board Legal Services 10,000 2.2%
Oversight Board Insurance Coverage 3,402 0.7%
Travel/meetings/training 5,000 1.1%
Total Non-Personnel Costs 149,838
Total Budget $ 459,655
ITEM # 10

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: Wayne M. Morrell, Director of Planning
SUBJECT: LISTING AGREEMENT TO APPOINT COLLIER INTERNATIONAL GREATER LOS ANGELES, INC., THE EXCLUSIVE RIGHT TO

NEGOTIATE THE RENEWAL OF A GROUND LEASE WITH THE UNITED STATES POSTAL SERVICE AT 11760 TELEGRAPH ROAD (PLANNING) DATE: January 11, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Approve the Listing Agreement appointing Colliers International Greater Los Angeles, Inc. (“Colliers”) as the City’s sole agent and granting to Colliers the exclusive right to negotiate the renewal of a ground lease with the United States Postal Services (USPS) for the real property located at 11760 Telegraph Road; and 2) Authorize the Mayor to execute the Listing Agreement; and 3) Take such additional, related action that may be desirable.

FISCAL IMPACT
Approval of Colliers as its sole agent and granting to Colliers the exclusive right to negotiate the renewal, coupled with Colliers’ successful negotiation of the ground lease with USPS for the Property, would result in monies to the General Fund.

BACKGROUND
At the City Council meeting of July 28, 2018, the City approved a market rent appraisal of the ground lease for the United States Postal Services (USPS) for the real property located at 11760 Telegraph Road, Santa Fe Springs, CA 90670 (the “Property”) and authorized a listing agreement with Cushman and Wakefield to negotiate, on the behalf CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JANUARY 11, 2024

of the City, a new lease agreement with USPS. The original lease commenced in 1967 for an initial twenty (20) year term, with six, five-year extensions and with an expiration date of June 1, 2019. The annual lease was $6,491.00.

Cushman and Wakefield (C&W) successfully renegotiated the lease, resulting in a new lease with an annual rent of $198,005.00 payable in equal installments at the end of each calendar month. The term became effective July 01, 2019 for a total term of five (5) years, with no renewal options.

The current lease expires June 30, 2024. The USPS has retained the services of Jones Lang LaSalle to negotiate on its behalf. The City has retained the services of CBRE to estimate the Ground Lease Market Rent for the Property and it is estimated to be completed by January 12, 2024.

ANALYSIS
Under the terms of the 2018 Listing Agreement the City paid 5% of the total negotiated lease, based on the following formula:

C&W Fee to the Listing Team
 2% of the total rental for the first 5 years or any fraction thereof, plus  1.5% of the total rental for the remaining term.

Outside Broker Fee
 3% of the total rental for the first 5 years or any fraction thereof, plus  1.5% of the total rental for the remaining term.

Under the terms of the 2023 Listing Agreement, the City pays CBRE 4% of the total rental, including any lease renewals. The 4% fee amount is shared 50/50 with the Outside Broker.

The difference between the 2018 Agreement and the 2023 Agreement is that the 2023 fee paid by the City is 1% less than the 2018 Agreement (5% versus 4%), and the fee is shared amongst the brokers. As previously, any fees paid by the City would be from the monies derived from the new lease agreement.

The City does not have the expert knowledge and/or the detailed market information provided by Colliers and CBRE. The Listing Agreement coupled with the estimate of the Ground Lease Market Rent will assist the City in determining and maximizing the potential rental income for the Property.

ENVIRONMENTAL
The proposed action, although discretionary, is not subject to the California Environmental Quality Act (CEQA) because the proposed actions, as a whole, do not have the potential for resulting in either a direct physical change in the environment or a CITY COUNCIL AGENDA REPORT – SPECIAL MEETING OF JANUARY 11, 2024

reasonable foreseeable indirect change in the environment. (Guideline Section 15378; Public Resource Code, Section 21065)
DISCUSSION:

N/A

SUMMARY/NEXT STEPS
Upon approval of the City Council of the recommended actions and the completion of the estimate of the Ground Lease Market Rent, Collier is authorized to negotiate, on behalf of the City, a new lease agreement for the Property.

ATTACHMENT(S)

1. Attachment A – 2023 Listing Agreement

2. Attachment B – Schedule of commission for Lease

3. Attachment C – 2019 Executed USPS Lease Agreement
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

LISTING AGREEMENT

FOR LEASE
The City of Santa Fe Springs (“Owner”) appoints Colliers International Greater Los Angeles, Inc. (“Colliers”) as its sole agent and grants to Colliers the exclusive right to negotiate the renewal (Whether through a renewal, extension, or new lease) of a ground lease to the United States Postal Services (“USPS”) at the real property located at 11760 Telegraph Road, Santa Fe Springs, California 90670 (the “Property”) as provided below:

1. Term. The Term of this Agreement will commence on October 15, 2023, and will expire on April 30, 2024.

2. Services. Colliers will use its efforts to negotiate new lease business terms with the USPS for the Property at a lease rate to be determined by Owner and on such other terms as are acceptable to Owner.

Colliers will negotiate the business terms of any lease on behalf of Owner and in Owner’s best interest, subject to Owner’s review and final approval, except as otherwise directed by Owner. Colliers will cooperate with other licensed real estate brokers.

3. Referrals. During the term of this Agreement, Owner will refer to Colliers all inquiries and offers received by Owner with respect to USPS’s lease at the Property, regardless of the source of such inquiries or offers.

4. Commission. If, during the term hereof, Owner leases any interest in the Property to the USPS, Owner will pay to Colliers a commission in accordance with the attached Schedule of Commissions.

5. Outside brokers. According to initial correspondence on behalf of USPS, the USPS is represented by Jones Lang LaSalle, Inc. (“JLL” or “Outside Broker”). If JLL or another outside broker is authorized to represent the USPS in a transaction, any fee / commission for their services shall be paid by the Property Owner in accordance with the attached Schedule of Commissions. The term “outside broker” means a broker other than Mike Foley and Chris Sheehan.

6. Fees and Expenses. If either party commences litigation against the other party to enforce its rights under this Agreement, the prevailing party will be entitled to recover from the other party the costs and expenses (including reasonable attorneys’ fees) incurred.

7. Authority. Owner represents that it is in fact the owner of the Property and has the right to lease the Property. The individuals signing below represent that they are authorized to sign this Agreement on behalf of the entity indicated.

8. Professional Advice. Colliers recommends that Owner obtain legal, tax, or other professional advice relating to this Agreement and the proposed lease of the Property as well as the condition and/or legality of the Property, including, but not limited to, the Property’s improvements, equipment, soil, tenancies, title, environmental aspects and compliance with the Americans with Disabilities Act. Colliers will have no obligation to investigate any such matters unless expressly otherwise agreed to in writing by Owner and Colliers. Owner further agrees that in determining the financial soundness of any prospective tenant, Owner will solely rely upon Owner’s own investigation and evaluation, notwithstanding Colliers’ assistance in gathering any financial information.

9. OFAC. Each party represents and warrants to the other party that it, and all persons and entities owning (directly or indirectly) an ownership interest in it: (a) are not, and will not become, a person or entity with whom a party is restricted from doing business with under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of Treasury (including, but not limited to, those named on OFAC’s Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order 13224 Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action; and (b) are not knowingly engaged in, and will not knowingly engage in, any dealings or transactions or be otherwise associated with such persons or entities described in clause (a) above.

10. Miscellaneous. This Agreement shall be governed by the laws of State of California, without giving effect to principles of conflicts of law. This Agreement constitutes the entire agreement between the parties regarding the subject matter herein, and no amendments, changes or modifications may be made to this Agreement without the express written consent of each of the parties. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. No failure or delay by a party in exercising any right hereunder or any partial exercise thereof shall operate as a waiver thereof or prohibit any other or further exercise of any right hereunder. This Agreement shall benefit and be binding upon the parties and their respective successors and assigns. This Agreement may be executed and delivered (including by facsimile, “pdf” or other electronic transmission) in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement.

11. Agency Disclosure. Owner acknowledges that it has received a copy of Colliers’ Disclosure Regarding Real Estate Agency Relations attached hereto, and that Owner has returned a signed copy thereof to Colliers.

City of Santa Fe Springs Colliers International Greater Los Angeles, Inc.

CA DRE License No. 01908231
By: __________________________ By: __________________________ Name: ________________________ Name: ________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ [Schedule of Commissions Follows]

SCHEDULE OF COMMISSIONS FOR LEASE
Rates:

Colliers Fee to the Listing Team
4% of the total rental. The fee amount shall be shared 50/50 with the Outside Broker.

Renewals; Extensions; Expansions: If a lease contains an option or other right to renew or extend the term or to lease additional space, and if the lease is renewed or extended or if a tenant leases additional space, whether or not strictly pursuant to the option or right contained in the lease, Owner shall pay to Colliers, at the time of the renewal, extension or lease of additional space, an additional commission at the above rate for the renewal or extension term, or for such additional space.

Cancellation Clauses: Colliers will be paid a commission based upon the entire lease term notwithstanding any right of Owner to cancel the lease. If a tenant has a right to cancel the lease after the term has commenced (and for reasons unrelated to casualty, condemnation, default, and the like), the commission will initially be based upon the non-cancellable portion of the lease term plus the amount of any cancellation payment payable by tenant; if such right is not thereafter exercised, Owner will promptly pay Colliers the balance of the commission.

A lease will be deemed canceled only if tenant vacated the Premises. If a lease is terminated or amended and tenant remains under a new or different arrangement, Colliers shall be paid the balance of its commission. If a cancellation payment include the unamortized commission, then Colliers will be paid a full commission as if no right of cancellation existed.

Computation of Commissions: If a rental concession is made by Owner allowing a tenant not to pay rent for the initial months of the lease term, then the commission shall be calculated on the entire term with the first year being deemed to commence on the first day of the lease term whether or not rent is payable. If rental concessions are granted in lieu of Owner performing construction or alteration work and with respect to any other allowances or concessions granted to a tenant whether in the form of a credit against rent, construction, decoration or otherwise, there shall be no deduction from the commission calculation above.

Time of Payment: Commissions on leases shall be earned and payable upon execution and delivery of the lease or lease amendment between Owner and tenant.

Broker Regulatory or Statutory Provisions: The following provisions must be included in brokerage agreements in the State of California:
 It is illegal for either party to discriminate against any person because of one’s membership in a protected class (e.g. race, color, religion, national origin, sex, ancestry, age, martial status, physical or mental handicap, familial status, or any other class protected by law).  Owner acknowledges receipt of a copy of Notice to Owners, Buyers and Tenants Regarding Environmental Matters, Americans with Disabilities Act and Related Laws, Flood Disclosure, Zoning/Use Disclosure and Alquist-Priolo Special Earthquake Fault Zoning Act.  Owner acknowledges receipt of a copy of the Agreement and this Schedule of Commissions.

ITEM # 11

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 Services
SUBJECT: TRAFFIC ENFORCEMENT AGREEMENT WITH THE CALIFORNIA

HIGHWAY PATROL SANTA FE SPRINGS AREA (CHP)
DATE: January 11, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Authorize the Director of Police Services to enter into an agreement with the California Highway Patrol Santa Fe Springs Area (CHP) for traffic enforcement in an amount not to exceed $50,000 on a recurring fiscal year basis.

FISCAL IMPACT
The labor costs for the CHP to provide traffic enforcement will not exceed $50,000 per fiscal year and be absorbed by labor savings within the Department of Police Services budget.

BACKGROUND
The 2022/23 fiscal year budget included funding for two additional Whittier Police Department Traffic Officers to complement the existing Traffic Officer assigned to Santa Fe Springs. Funding for these specialty assignments continues to be part of the Department of Police Services budget; however, both spots remain vacant. There are several present-day challenges that are common to most law enforcement agencies nationwide: decreased applications, early exits, and higher rates of retirement. The Whittier Police Department hasn’t been exempt from these factors, thus filling their ranks has taken time and become a common and continual process. In response to the realities of today’s law enforcement job market, the Whittier Police Department has responded with multiple incentives to attract talent that include adjustments in salary, hiring bonuses, new workplace wellness programs, and promotional opportunities. Gains have been made despite competition between law enforcement agencies to lure a limited amount of CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024

TRAFFIC ENFORCEMENT AGREEMENT WITH THE CALIFORNIA HIGHWAY

PATROL SANTA FE SPRINGS AREA (CHP)

qualified candidates.

In late October, Staff met with command personnel from the CHP to explore the possibility of the CHP assisting the Whittier Police Department with traffic enforcement within Santa Fe Springs’ boundaries, to help fill the void of the two vacancies. As a result, the CHP agreed that it could provide enforcement on a temporary and limited basis, on predetermined dates, and that all costs associated with the assignments would be reimbursed.

ANALYSIS
The Department of Police Services budget includes $500,000 for two Traffic Enforcement Officers (TRO) assigned to Santa Fe Springs. Both assignments are vacant and the Whittier Police Department is proactively working to fill them. A TRO’s primary responsibility is to enforce vehicle code violations, including unsafe/illegal maneuvers and vehicles exceeding the speed limit. The TRO is a much needed benefit to the community, helping to curtail negative driving behaviors.

The CHP has agreed to assist the City with traffic enforcement on an overtime basis within Santa Fe Springs’ boundaries, on a limited basis, focusing on specific locations identified by the Whittier Policing Team based on traffic collision data and complaints from the community. The following are a few key provisions of the agreement, which is attached to this agenda report:
 Scheduled enforcement assistance will generally consist of two to four CHP Officers for a minimum of four hours per assignment.
 In addition to mileage and labor, charges which are directly related to the services provided maybe assessed for the CHP supplies, additional equipment utilized, damage to uniforms, or property repaired or replaced at the CHP’s expense.
 The City agrees to indemnify the CHP and hold the CHP harmless from any and all claims or suits arising out of or in connection with the assignment.

ENVIRONMENTAL
None.

SUMMARY/NEXT STEPS
The Whittier Policing Team will meet with the CHP to discuss areas/locations where dedicated traffic enforcement is needed and develop an enforcement schedule that includes the CHP’s assistance.

ATTACHMENT(S):

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024

TRAFFIC ENFORCEMENT AGREEMENT WITH THE CALIFORNIA HIGHWAY

PATROL SANTA FE SPRINGS AREA (CHP)

A. Attachment A – REIMBURSABLE LETTER OF AGREEMENT (CHP FORM 465) ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

ITEM # 12

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: Debbie Ford, Human Resources Manager
SUBJECT: REVISION TO PERSONNEL POLICIES AND PROCEDURES MANUAL, SECTION 6-3.7 HOURLY NON-BENEFITTED SICK LEAVE TO COMPLY WITH THE HEALTHY WORKPLACE/HEALTHY FAMILIES ACT OF 2014 (PAID SICK LEAVE)
DATE: January 11, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Approve the revision to Personnel Policies and Procedures Manual (PPPM), Section 6-3.7 Hourly Non-Benefitted Sick Leave to comply with the Healthy Workplace/Healthy Families Act of 2014 (Paid Sick Leave).

FISCAL IMPACT
The financial impact of this adjustment is approximately $40,600.

BACKGROUND
On October 4, 2023, California Governor Gavin Newsom signed into law SB 616, which amends the Healthy Workplaces, Healthy Families Act of 2014, which required employers to provide paid sick leave to employees, allowing them to take time off work to care for themselves or a family member.

The California Healthy Workplace Families Act, which goes into effect on January 1, 2024, will increase the amount of paid sick leave that employers must provide to their employees from 24 hours to 40 hours per year. This law affects all hourly non-benefitted employees, as full-time and non-benefitted employees are covered by a valid collective bargaining agreement.

CITY COUNCIL AGENDA REPORT – MEETING OF OCTOBER 3, 2023 Resolution No. 9885 Establishing the City’s Maximum contribution of Miscellaneous and Safety Employees under the Public Employees’ Medical and Hospital Care Act

ANALYSIS
N/A

ENVIRONMENTAL
N/A

DISCUSSION
The amount of hours towards paid sick leave for hourly non-benefitted employees will be increased from 24 to 40 hours, effective January 1, 2024.

SUMMARY/NEXT STEPS
Staff recommends that the City Council approve the revision to PPPM Section 6-3.7.

Upon approval, staff will notify all hourly non-benefitted employees.

ATTACHMENT(S):

PPPM, Section 6-3.7 Hourly Non-Benefitted Sick Leave
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

CITY OF SANTA FE SPRINGS

PERSONNEL POLICIES AND PROCEDURES MANUAL
Effective Date: 07-01-15 Section: 6-3.7
Revision Date: 01-02-24 Subject: Hourly Non Benefitted
Sick Leave
Entered By: City Manager Page: 1 of 2
PURPOSE:

To establish a procedure to comply with the Healthy Workplaces/Healthy Families Act of 2014 (Paid Sick Leave) as amended by SB 616
APPLICABLE FORM OR REFERENCE:

Healthy Workplaces/Healthy Families Act of 2014: AB 1522 of the California Labor Code.

California Healthy Workplace Families Act; SB 616.

Policy:

This procedure will be followed for Hourly, Non Benefitted (HNB) employees of the City of Santa Fe Springs and will be applied to unrepresented part-time, temporary, seasonal, non-benefitted employees who are not covered by a Memorandum of Understanding, Agreement or Contract.

CalPERS and 1937 Act retired annuitants are also excluded.

Accrual and Use: The City will grant forty (40) hours of paid sick leave at the beginning of the fiscal year to each HNB employee. A HNB employee is not eligible to use any paid sick leave until he/she has been employed by the City for 90 consecutive calendar days.

Sick leave accrual, usage and balance will be tracked through the Payroll System, and will be displayed on the employee’s payroll check statements. Any unused sick leave at the end of the fiscal year will NOT carry over to the next fiscal year and cannot be cashed out.

Sick Leave shall not be considered a privilege which employees may use at their discretion but shall be allowed as a benefit, only for one of the following purposes:

1. An illness affecting the employee or qualified family member; or

2. The diagnosis, care or treatment of an existing health condition of the employee or qualified family member, or

3. Preventive care, such as annual physicals or flu shots for the employee or qualifying family member, or

4. For an employee who is a victim of domestic violence, sexual assault, or stalking, to take time off:
a. To obtain or attempt to obtain relief to help endure the health, safety, or welfare of the employee of the employee’s child, such as a temporary restraining order, restraining order, or other injunctive relief;
b. To seek medical attention for injuries caused by domestic violence, sexual assault or stalking, obtain services from a shelter, program or rape crisis center; c. To obtain psychological counseling;
d. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation

CITY OF SANTA FE SPRINGS

PERSONNEL POLICIES AND PROCEDURES MANUAL
Effective Date: 07-01-15 Section: 6-3.7
Revision Date: 07-15-15 Subject: Hourly Non Benefitted
Sick Leave
Entered By: City Manager Page: 2 of 2
For purposes of this procedure, a “qualified family member” is defined as an employee’s:
a. Child (biological, adopted or foster child, stepchild, legal ward or a child whom the employee stands in loco parentis)
b. Spouse or registered domestic partner
c. Parent (biological, adoptive, or foster parent, stepparent or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child) d. Grandparent
e. Grandchild
f. Sibling
As provided by SFS Personnel Policy and Procedures Sec 6-3.6: Kin Care, an employee may use one half of their annual sick leave accrual (20 hours) for doctor’s appointments or to care for their child, spouse/domestic partner or parent who is ill.

Employee Notification Obligations: If the need for paid sick leave is foreseeable, the employee must provide reasonable advance notice to his/her supervisor. An employee may request to use unscheduled paid sick leave by notifying his/her Department Director or immediate supervisor verbally or in writing within 15 minutes of his/her scheduled start time, or, in the event of an emergency, as soon as reasonably possible. The employee shall not be required to search for or find, a replacement worker to cover the hours during which the employee uses paid sick leave, as a condition of using paid sick leave.

The City may require an employee to provide a written explanation from a physician providing the reason for an unscheduled absence and/or an indication that the employee is medically able to return to work.

The Supervisor or employee must enter paid sick leave usage on their timecard. Sick Leave hours taken will not be counted as hours worked within a pay period.

Paid Sick Leave shall not exceed forty (40) hours within a twelve (12) month period and can only be used on scheduled work days in one hour increments. The minimum charge to paid sick leave is one hour.

The City will not pay out accrued, unused paid sick days at the time of termination, end of assignment, resignation or retirement. Employees rehired within one year from the date of separation shall have previously accrued and unused paid sick days reinstated for the remainder of the fiscal year.

ITEM # 13

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: James Enriquez, P.E., Director of Public Works
SUBJECT: CLARKE ESTATE PARKING LOT PAVING IMPROVEMENTS – AWARD

OF CONTRACT
DATE: January 11, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Accept the Bids; and
2) Award a contract to Prestige Paving Company, Inc. of La Mirada, California in the amount of $129,197.81; and
3) Take such additional, related action that may be desirable.

FISCAL IMPACT
The Clarke Estate Parking Lot Paving Improvements project is an approved Capital Improvement Plan project and funded by the Utility Users Tax (UUT) Capital Improvement Plan Fund in the amount of $300,000.00. The total estimated project cost using the lowest responsible bidder is $300,000.00 and sufficient project funds are available.

The total estimated project costs are as follows:

Item Budget
Construction $ 129,197.81
Design $ 10,000.00
Engineering $ 20,000.00
Inspection $ 30,000.00
Contingency $ 110,802.19
Total Project Cost $ 300,000.00
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024 Clarke Estate Parking Lot Paving Improvements – Award of Contract

BACKGROUND
At the June 20, 2023 Capital Improvement Plan Subcommittee meeting, staff was requested to review the existing condition of the parking lot at the Clarke Estate and assess a possible pavement improvement plan.

Upon evaluating the parking lot, staff generated a project scope of work to give the existing parking lot a new revitalized appearance. The project scope of work includes the removal and replacement of the top two (2) inches of the entire asphalt pavement parking lot, slurry sealing the entire driveway entrance from Pioneer Boulevard to the entry gate, removal/replacement of damaged concrete curbs, new parking lot striping and new traffic loop detectors located at the exit gate.

At the October 17, 2023 City Council Meeting, the City Council approved adding the Clarke Estate Parking Lot Paving Improvements Project to the Capital Improvement Plan, appropriated $300,000 from the Utility Users Tax (UUT) Capital Improvement Plan Fund to the Clarke Estate Parking Lot Paving Improvements Project, approved project specifications and authorized the City Engineer to advertise for construction bids.

ANALYSIS
Bids were opened on November 22, 2023, and a total of nine 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 Prestige Paving Company, Inc. of La Mirada, with a bid totaling $129,197.81. The bid proposal for the following bidders reflects the bid amounts.

Company Name
Publicly Read
Bid Amount Audited Bid

1. Prestige Paving Co., Inc. $129,197.81 $129,197.81

2. Tyner Paving Co., Inc. $161,387.00 $161,387.00

3. Hardy & Harper, Inc. $197,000.00 $197,000.00

4. PaveWest, Inc. $199,999.99 $199,999.99

5. NPG, Inc. $200,877.00 $200,877.00

6. Terra Pave, Inc. $218,300.00 $218,000.00

7. Onyx Paving Co., Inc. $242,000.00 $242,000.00

8. Superior Paving Co., Inc. $315,765.51 $315,765.51

9. All American Asphalt $338,800.00 $338,800.00
The bid proposal submitted by Prestige Paving Company, Inc. in the amount of $129,197.81, is approximately 33% below the Engineer’s Estimate of $195,000.

The Department of Public Works has reviewed the bids and determined the low bid submitted by Prestige Paving Company, Inc. to be responsive and responsible.

The City Attorney’s office has reviewed the contract.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024 Clarke Estate Parking Lot Paving Improvements – Award of Contract

ENVIRONMENTAL
N/A

DISCUSSION
The completion of the Clark Estate Parking Lot Improvements project will renew the service life of the pavement and hardscape. The project will also help reduce maintenance repair costs.

SUMMARY/NEXT STEPS
Upon the approval of the City Council of the recommended actions, City staff will coordinate with the Project Contractor on the delivery of the project.

ATTACHMENTS:

A. Attachment A – Contract Agreement
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

ATTACHMENT A

ITEM # 14

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: Maribel Garcia, Municipal Affairs Manager
SUBJECT: CALRECYCLE GRANT AND PAYMENT PROGRAMS
DATE: January 11, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Adopt a resolution authorizing the submittal of application(s) for all CalRecycle Grant and Payment Programs for which the City is eligible

FISCAL IMPACT
If approved, the City would be eligible to receive grants in excess of $80,000. Funding for future years are unknown, however, it is likely that funding is likely based on previous allocations.

BACKGROUND
The California Department of Resources Recycling and Recovery (CalRecycle) offers funding opportunities authorized by legislation to assist public and private entities in the safe and effective management of the waste stream. Annually, the City applies for multiple grants with CalRecycle such as the City County Beverage Container Program and Senate Bill (SB) 1383 Local Assistance Grant. The City County Beverage Container Program provides annual funding for efforts dedicated to addressing recycling challenges, aid in increasing beverage container collection, and reducing beverage container litter in the waste stream. These efforts can come in the form of purchasing beverage recycling containers or in the form of informational media services. An example of the media services would be a video educating citizens and business owners on how to properly recycle in blue container recycling, so they do not include contaminated materials in their recycling bins. The City, on average, is awarded $5,000 annually via this grant.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 11, 2024 CalRecycle Grant and Payment Programs

The SB1383 Local Grant Assistance Program is a new grant available to the City in the amount of $75,000. This is a one-time grant program meant to provide aid in the implementation of SB 1383 B-7 regulations. SB 1383 establishes methane reduction targets for California, with the goal of reducing greenhouse gas emissions and address food insecurity. The grant provides funding for implementation of regulation requirements such as but not limited to capacity planning, collection, education and outreach, and procurement requirements.

DISCUSSION
CalRecycle requires a resolution be included with the submission of the annual grant applications. The resolution authorizes the submittal for any and all grant programs provided by CalRecycle in addition to recognizing the authorized signature authorities, which will be the City Manager and/or Municipal Affairs Manager. These authorizations are effective from date of adoption through April 20, 2027.

ATTACHMENT(S):

A. Resolution No. 9893
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

APPROVED:

ITEM NO.:

RESOLUTION NO. 9893

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS

AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT APPLICATIONS FOR ALL

GRANT PROGRAMS FOR WHICH SANTA FE SPRINGS IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Fe Springs authorizes the submittal of applications to CalRecycle for all grants for which City of Santa Fe Springs is eligible; and
BE IT FURTHER RESOLVED that the City Manager and/or Municipal Affairs Manager, or their designee, is hereby authorized and empowered to execute in the name of City of Santa Fe Springs all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective from the date of adoption through April 20, 2027.

APPROVED and ADOPTED this 11th day of January, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

ITEM NO.:
2 _____________________________
Jay Sarno, Mayor
ATTEST:
_________________________
Fernando Munoz, Deputy City Clerk