Agenda packet, first session — Santa Fe Springs City Council, August 6, 2024 (part 2 of 2)

that are needed regularly to prevent emergency equipment from being out of service, and unexpected repairs due to the increase in emergency responses. We also are seeing an increase in repairs needed due to the age of our fire apparatus. Finally, a fire engine was involved in a traffic accident that caused approximately $30,000 in damage earlier in the year. Our Fire Mechanic is performing most of this repair to decrease the repair cost.

ANALYSIS
N/A

ENVIRONMENTAL
N/A

DISCUSSION
N/A

SUMMARY/NEXT STEPS
Upon the City Council's approval of the recommended action, Finance staff will make approved adjustments in the City’s budget management system, and Fire-Rescue staff will continue to use the approved vendor as needed to acquire the parts necessary to maintain the City’s emergency response vehicles.

ATTACHMENT(S):

N/A
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

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: Cuong Nguyen, Director of Community Development

SUBJECT: SECOND READING OF ORDINANCE NO. 1142, TO AMEND CHAPTER 154 (SUBDIVISIONS) OF TITLE 15 (LAND USE) OF

SANTA FE SPRINGS MUNICIPAL CODE TO DEFINE AND

ESTABLISH PROCEDURES RELATED TO LOT LINE

ADJUSTMENTS, LOT CONSOLIDATIONS, AND LOT

MERGERS/UNMERGERS
DATE: August 6, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Adopt Ordinance No. 1142:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
FE SPRINGS AMENDING CHAPTER 154 (SUBDIVISIONS) OF
TITLE 15 (LAND USE) OF THE SANTA FE SPRINGS MUNICIPAL

CODE TO DEFINE AND ESTABLISH PROCEDURES RELATED

TO LOT LINE ADJUSTMENTS, LOT CONSOLIDATIONS, AND LOT

MERGERS/UNMERGERS
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
Ordinance No. 1142

Page 2 of 2 ends

BACKGROUND
Amendments to Chapter 154 (Subdivisions)
Currently, the Santa Fe Springs Municipal Code is silent on the procedures for processing lot line adjustments, lot consolidations, lot mergers, and lot unmergers. Ordinance No. 1142 sets forth those procedures:
 Section 154.20 is a new section that defines a lot line adjustment, a lot consolidation, a lot merger, and a lot unmerger.
 Section 154.21 is a new section to establish the application procedures for the previously mentioned subdivision maps.
 Section 154.22 is a new section that outlines the steps to finalize and record the previously mentioned subdivision maps.

ENVIRONMENTAL
At its July 16, 2024, City Council meeting, the City Council determined that the adoption of Ordinance No. 1142 was exempt from CEQA.

SUMMARY/NEXT STEPS
Ordinance No. 1142 will be effective 30 days after its adoption.

ATTACHMENT(S):

A. Ordinance No. 1142
a. Exhibit A – Amendments to Chapter 154 (Subdivisions) of Title 15 (Land Use) of the Santa Fe Springs Municipal Code.

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

ORDINANCE NO. 1142

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS AMENDING CHAPTER 154 (SUBDIVISIONS) OF TITLE 15 (LAND USE) OF THE SANTA FE SPRINGS MUNCIPAL CODE TO

DEFINE AND ESTABLISH PROCEDURES RELATED TO LOT LINE

ADJUSTMENTS, LOT CONSOLIDATIONS, AND LOT

MERGERS/UNMERGERS

THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings:

1. The Exhibits attached to this Ordinance are each incorporated by reference and made a part of this Ordinance.

2. This Ordinance creates local standards for the processing of lot line adjustments, lot consolidations, lot mergers, and lot unmergers. This Ordinance aims to streamline the process of modifying property lines between adjacent lots, ensuring efficient land utilization while adhering to State Laws.

3. This Ordinance follows the standards, procedures and requirements contained in California Government Code sections 66410 to 66499.58 (Subdivision Map Act) regarding lot line adjustments, lot consolidations, lot mergers, and lot unmergers.

SECTION 2. Amendments:

Chapter 154 (Subdivisions) of Title 15 (Land Use) of the Santa Fe Springs Municipal Code is hereby amended as provided in Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 3. Environmental Findings and Determination:

This Ordinance is exempt from CEQA because it falls within the common sense exemption, pursuant to CEQA Guidelines Section 15061(b)(3), which indicates that CEQA only applies to projects that have a “significant effect on the environment” as defined in Public Resources Code Section 21068 and in CEQA Guidelines Section 15382.

These changes will not have a significant effect on the environment.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or of Chapter 154, or any part thereof. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

Section 5. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the same manner required by law. This ordinance shall become effective thirty (30) days from and after its passage.

PASSED and ADOPTED this 16th day of July 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:
________________________________
Jay Sarno, Mayor
ATTEST:
___________________________
Fernando N. Muñoz, CMC, Deputy City Clerk
Exhibit A – Amendments to Chapter 154 (Subdivisions) of Title 15 (Land Use) of the Santa Fe Springs Municipal Code
Exhibit A – Amendments to Chapter 154 (Subdivisions) of Title 15 (Land Use) of the Santa Fe Springs Municipal Code
Code of Ordinances of the City of Santa Fe Springs Chapter 154, Section 154.20 LOT LINE ADJUSTMENT, LOT CONSOLIDATION, AND LOT MERGER/UNMERGER is hereby added as follows:
§ 154.20 LOT LINE ADJUSTMENT, LOT CONSOLIDATION AND LOT MERGER/UNMERGER.
(A) A lot line adjustment is an adjustment between four or fewer adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where no additional parcels are created. Lot line adjustments may be used to merge four or fewer adjoining lots into a fewer number of lots. Except as otherwise specified in this Chapter 154, a lot line adjustment shall conform to the provisions of this section and shall be processed as provided for herein.
(B) A lot consolidation is the consolidation of any number of existing contiguous parcels into one parcel provided that no new street is created and no existing street or public service easement is extinguished. No tentative map, parcel map or final map shall be required as a condition to the approval of a lot consolidation. The lot consolidation shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot consolidation unless required by Section 8762 of the Business and Professions Code (California Government Code § 66412 (d)).
(C) A lot merger is the merger of two or more contiguous parcels under one ownership into one or more parcels so as to comply with parcel size and zoning standards. All procedures and processes associated with the merging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act of the State of California.
(D) A lot unmerger is the ability to unmerge lots previously merged. All procedures and processes associated with the unmerging of lots shall be done in compliance with the applicable sections of the Subdivision Map Act of the State of California.

Code of Ordinances of the City of Santa Fe Springs Chapter 154, Section 154.21

APPLICATION PROCEDURES FOR LOT LINE ADJUSTMENT, LOT CONSOLIDATION, OR LOT MERGER/UNMERGER is hereby added as follows:
§ 154.21 APPLICATION PROCEDURES FOR LOT LINE ADJUSTMENT, LOT CONSOLIDATION OR LOT MERGER/UNMERGER.
(A) An application for a lot line adjustment, lot consolidation, or lot merger/unmerger shall be filed with the Community Development Department. Such application shall include:
(1) Proof that the lots involved have been legally created; (2) A plot plan indicating existing lot dimensions and the location of existing structures, utilities, infrastructure and easements;
(3) Deeds suitable for recording showing the proposed new lot configurations and if required by Business and Professions Code section 8762, a record of survey; (4) Any other information necessary to determine whether the proposed adjustment will conform with zoning and building codes; and (5) A fee in an amount to be determined by resolution of the City Council for the purpose of defraying costs to process the request.
(B) The Community Development Director, or designee, shall act upon the application within 60 days from the date that the environmental documentation is completed or the determination is made that the project is exempt from the California Environmental Quality Act.
(C) The Community Development Director, or designee, shall approve or conditionally approve the application in writing after investigation and receipt of reports from other departments, if it is found that the proposed application conforms to all of the following requirements:
(1) Does not create an additional lot;
(2) The resulting parcels conform to the City's General Plan, Zoning, and Building Codes;
(3) Does not cut off any lot from frontage on a public street or alley; (4) Does not cut off any lot from access to a public utility or easement, or create a need for a new utility or easement, other than relocation of existing utilities or easements;
(5) Does not cause the need for a new or extended public street or easement other than relocation of an existing street easement;
(6) Does not cause the need for any new infrastructure, other than the relocation of existing infrastructure;
(7) Does not cause an existing building or structure located on the parcels to be in violation of the City's General Plan, Zoning, or Building Codes; (8) Complies with requirements as to area, easements, utilities, improvement, design, floodwater drainage, sanitary disposal facilities and water supply availability.

Code of Ordinances of the City of Santa Fe Springs Chapter 154, Section 154.22

FINALIZATION OF LOT LINE ADJUSTMENT, LOT CONSOLIDATION, OR LOT MERGER/UNMERGER is hereby added as follows:
§ 154.22 FINALIZATION OF LOT LINE ADJUSTMENT, LOT CONSOLIDATION OR LOT MERGER/UNMERGER.
(A) Issuance of Certificate of Compliance. The approval of the lot line adjustment, consolidation, or merger/unmerger shall be evidenced by the issuance of a Certificate of Compliance and recordation of grant deeds reflecting the newly configured parcels. The property description or descriptions on the Certificate of Compliance shall describe the reconfigured parcel or parcels which will be recognized by the City as legal lots. (B) Recordation of Certificate of Compliance. The Certificate of Compliance, all deeds and other documents approved by the City shall be signed by the appropriate parties and notarized in accordance with applicable law. The recordation of the Certificate of Compliance shall be immediately followed by the recordation of the required deeds exchanging property between the affected parcels or consolidating the affected parcels and any necessary reconveyances or partial reconveyances or other documents to ensure that any deed of trust or similar encumbrance now describes the reconfigured parcel or parcels.
(C) Recordation of deeds and other documents. Concurrently with the recordation of the Certificate of Compliance, all deeds exchanging property between the affected parcels or consolidating the affected parcels accompanied by reconveyances or partial reconveyances or other releases of deeds of trust or similar encumbrances on the subject property or amended deeds of trust or similar encumbrances describing the reconfigured parcels shall be submitted to the City for review and approval. The applicant shall be notified of any corrections requested by the City, and any corrected or new documents shall be promptly submitted to the City.
(D) Payment of recording fees. The fees for the recording of all documents as established by the Office of the County Recorder of Los Angeles County shall be remitted by the applicant to the County Recorder at the time of recordation of such documents including the Certificate of Compliance, deeds and related documents. (E) Failure to submit required deeds and documents within one year or within the time permitted by an approved time extension. In the event the Certificate of Compliance or any deed, reconveyance or other document required for the finalization of the approved lot line adjustment, lot consolidation or lot merger/unmerger is not submitted to the County Recorder for recordation within one year following the effective date of the approval of such, or within the time permitted by an approved time extension (Section 154.08 parcel map extension), the Certificate of Compliance shall be void and of no further force and effect and shall not be recorded. If the applicant still wishes to proceed with the lot line adjustment, consolidation or merger/unmerger, a new application must be submitted in accordance with the provisions of this Chapter.
(F) Appeals shall be made to the in accordance with the provisions set forth in §§ 155.865 and 155.866.

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: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: POLICE SERVICES STAGING FACILITY STORM DAMAGE –

EMERGENCY REPAIRS UPDATE
DATE: August 6, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Pursuant to Santa Fe Springs Municipal Code Section 34.23 and California Public Contract Code Section 22050, by a four-fifths vote authorize continuing the repairs without competitive bidding; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Because the full scope of work necessary to completely repair the storm damage has not been fully assessed, the total cost of the repair is not known at this time. Staff continues to solicit contractor proposals to complete the repair work as needed and as more information is gathered with respect to the needed repairs. The purchase orders executed to date are listed below. Staff will report at a future City Council meeting as further information develops and the complete scope of the repairs is determined and priced.

Expenses encumbered to date related to this emergency repair include:
 Purchase Order #2240222: $43,610.60 for testing and construction demolition with Restoration Unlimited (Santa Fe Springs, CA)
 Purchase Order #2240262: $115,680 for waterproofing with Innovative Painting & Waterproofing (Santa Fe Springs, CA)
 Purchase Order #2240337: $45,985.38 for replacement of drywall, flooring and other finishes and furniture in order to restore the building interior with Restoration Unlimited (Santa Fe Springs, CA)
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
Police Services Staging Facility Storm Damage – Emergency Repairs Update

Page 2 of 3 ends

BACKGROUND
The severe storms that hit Southern California the week of February 4, 2024, resulted in historic rainfall totals throughout the region, prompting Governor Newsom to proclaim a state of emergency in various counties, including Los Angeles. The County of Los Angeles followed with the proclamation of a local state of emergency.

The intense and prolonged rainfall caused significant flooding of the City’s Police Services Staging Facility located adjacent to the Municipal Services Yard. Flooding was experienced in both the Men’s and Women’s Locker Rooms and Restroom/Showers as well as the adjacent gym. The flooding rendered these areas uninhabitable and in need of repairs before the space can be reoccupied.

Public Works maintenance staff worked throughout the storms to sweep and vacuum the water to minimize the extent of the flooding, but were ultimately unable to keep up with the volume of water entering the building from the rear wall adjacent to the railroad rightof-way. Eventually, maintenance crews ceased water removal and began removing gym equipment and mats so that the source of the flooding could be more easily identified.

Although one location was identified where the majority of the water was entering the building, the extent of the flooding has saturated the walls in a significant portion of the facility. Under the City Manager’s authority pursuant to Santa Fe Springs Municipal Code Section 34.23, staff continues to negotiate with contractors to provide various services to repair the damage.

The first step in the repair process required demolition work to assess the full extent of the damage and expose the source of the flooding in order to develop a scope of work for repairs to prevent future flooding and restore the damaged interior.

Staff contracted with Restoration Unlimited (Santa Fe Springs, CA) for the initial testing and demolition work. Sampling for preconstruction testing was conducted on March 6.

Based on testing results, demolition was started on March 18, exposing the likely source of the rainwater intrusion. Staff solicited proposals from two waterproofing contractors.

Waterproofing must be completed before restoration work to prevent further water damage. The proposal from Innovative Painting & Waterproofing, LLC (Santa Fe Springs) was selected and a purchase order was executed. The interior waterproofing work was completed on June 12.

A Right-of-Entry permit is required from BNSF Rail Road in order to complete the waterproofing work on the exterior rear wall of the building. The permit application was submitted on April 23 and BNSF provided the Right-of-Entry Agreement on May 21 with final approval of insurance documentation received on June 12. Staff is currently scheduling the start of the exterior waterproofing work with BNSF. This work it is anticipated to begin in mid to late August and will take two weeks to complete, but will not affect the occupancy of the building.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
Police Services Staging Facility Storm Damage – Emergency Repairs Update

Page 3 of 3 ends

ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
Staff contracted with Restoration Unlimited (Santa Fe Springs, CA) for the restoration of the interior of the building. This work was started on June 24 and anticipated to be completed by the end of July. The building will be available for police staff to move in on August 1, 2024.

ENVIRONMENTAL
Not applicable.

DISCUSSION
Staff has been in close communication with the City Manager of the City of Whittier and police administration since the flooding began. Given the extent of the flooding, the City of Whittier provided notice on February 7, 2024, that they would temporarily vacate the facility until permanent repairs are completed. Limited staff and equipment was temporarily relocated to the City’s Police Services Building on Jersey Avenue and the majority of the patrol operations were moved to the Whittier Police Station. The Police Staging building was vacated on February 26, 2024.

Repairs are currently estimated to be completed by the end of July, with the exception of the exterior waterproofing which does not affect the occupancy of the building. Whittier PD has been notified that the Staging Facility can be re-occupied on August 1, 2024.

It should also be noted that this assumes all repairs are completed as an emergency, without competitive bidding. Competitive bidding would require the solicitation of services by an architect to develop plans and specifications. The solicitation process and the time to develop documents could add an additional 9 to 12 months to the schedule.

SUMMARY/NEXT STEPS
Upon the approval of the City Council of the recommended actions, City staff will continue to coordinate the emergency repairs of the facility. Pursuant to the Public Contract Code Section 22050, staff will provide updated reports at subsequent City Council meetings as the situation develops, more information is gathered, and a plan of action for the repairs is determined and scheduled.

ATTACHMENTS:

None.

ITEM # 15

CITY OF SANTA FE SPRINGS

STREET VACATION OF KOONTZ AVENUE SOUTH OF FLORENCE

AVENUE, RESERVING EXISTING UTILITIES
DATE: August 6, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Adopt Resolution No. 9925 amending Resolution No. 9906, to reserve any existing utilities from the street vacation of Koontz Avenue; and 2) Authorize the City Manager to execute the quitclaim deed to the Property Developer; and
3) Take such additional, related action that may be desirable.

FISCAL IMPACT
N/A

BACKGROUND
Koontz Avenue is an industrial street built in 1967. The cul-de-sac street extends approximately 561 feet south of the Florence Avenue centerline, just west of Norwalk Boulevard, and provides access to one parcel. The parcel was purchased by Orbis Real Estate Partners and the developer is proposing to construct two industrial buildings by vacating Koontz Ave and constructing in, and around the subject street area. The existing parcel that surrounds Koontz Avenue will be subdivided into two separate parcels. The developer will process a parcel map (Parcel Map No. 84116) in the near future to subdivide the existing parcel. With the single ownership and proposed future CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
RESOLUTION NO. 9925 – FULL STREET VACATION OF KOONTZ AVENUE SOUTH

OF FLORENCE AVENUE

Page 2 of 3 ends

development of the property adjacent to Koontz Avenue, the subject right-of-way, is no longer needed as a public street and can be vacated.

On May 7, 2024, the City Council held a public hearing and determined that Koontz Avenue was no longer needed as a public right of way. The City Council adopted Resolution No. 9906 ordering the vacation of Koontz Avenue.

On May 30, 2024, staff received an email from the Water Replenishment District (WRD), also on behalf of the Central Basin Municipal Water District (CBMWD), notifying the City that WRD has not come to an agreement with the developer in regards to the final disposition of existing groundwater monitoring wells located within the existing Koontz Avenue right-of-way. It is the developer’s responsibility to ensure all utilities are abandoned in order to fully effectuate the street vacation. Per WRD, the wells are “essential to protecting the groundwater basin, specifically protecting the groundwater quality for the City of Santa Fe Springs and all water rights holders/pumpers in the Central Basin.”
Adoption by the City Council of Resolution No. 9925 (Attachment A) amends Resolution No. 9066 (Attachment B) to reserve any existing utilities from the street vacation of Koontz Avenue. Additionally, Parcel Map No. 84116 is currently in process for final. The parcel map will be considered by the City Council for final approval in the near future. This parcel map will show a Utility Easement within the footprint of the original street right-of-way for Koontz Avenue. The Utility Easement can only be extinguished after all utilities are properly abandoned or relocated, which may require the recordation of a new and modified easement within the parcel(s). It is the responsibility of the developer to coordinate the abandonment and/or relocation, if required to facilitate the planned development, of all utilities within Koontz Avenue to the satisfaction of the utility owner and the City.

A copy of the legal description of the street vacation, Exhibit “A”, and the area to be vacated, Exhibit “B” are attached to Resolution No. 9925.

ANALYSIS
N/A

ENVIRONMENTAL
The vacation of Koontz Avenue was previously analyzed under CEQA in connection with Tentative Tract Map No. 84116 and Development Plan Approval Case Nos. 1000 and 1001. The City’s Planning Commission adopted Resolution No. 248-2023 approving and adopting an Addendum to the City’s Certified EIR for the General Plan and Targeted Zoning Update for that project, including the Koontz Avenue street vacation.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
RESOLUTION NO. 9925 – FULL STREET VACATION OF KOONTZ AVENUE SOUTH

OF FLORENCE AVENUE

Page 3 of 3 ends

SUMMARY/NEXT STEPS
Upon approval of the recommended actions by the City Council, the City Clerk will properly certify the adopted Resolution Nos. 9906 and 9925 and record the same with the Los Angeles County Recorder. City staff will proceed with executing the quitclaim deed to the Property Developer. Documentation for the extinguishing of the remaining Utility Easement will not be processed until all utilities are abandoned and/or relocated to the complete satisfaction of the utility owner and City.

ATTACHMENTS:

A. Resolution No. 9925
B. Resolution No. 9906
ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
APPROVED:

ITEM NO.:

RESOLUTION NO. 9925

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

MAKING ITS FINDINGS AND DETERMINATIONS IN THE MATTER OF RESOLUTION OF INTENTION NO. 9901; AND MAKING ITS ORDER VACATING APPROXIMATELY

0.82 ACRES OF PUBLIC RIGHT-OF-WAY OF KOONTZ AVENUE, A CUL-DE-SAC

STREET SITUATED SOUTH OF FLORENCE AVENUE AND AMENDING RESOLUTION NO. 9906
WHEREAS, on March 19, 2024, the City Council of the City of Santa Fe Springs adopted Resolution No. 9901 declaring its intention to set a public hearing in the vacation of approximately 0.82 acres of public right-of-way of Koontz Avenue, consisting of approximately 510 feet in length and 60 feet in width, a cul-de-sac street situated south of Florence Ave, within the City of Santa Fe Springs, California, and fixing the time and place of hearing all persons interested in the proposed vacation pursuant to the provisions of the Public Streets, Highways and Service Easements Vacation Law, being Sections 8300 et seq. of Part 3, Division 9 of the Streets and Highways Code of the State of California; and
WHEREAS, notice of hearing before the City Council on said resolution of intention was duly given as provided by said Public Streets, Highways, and Services Easements Vacation Law; and
WHEREAS, said proposed vacation had been previously submitted to and considered by the Planning Commission of the City of Santa Fe Springs at a Planning Commission meeting held on February 28, 2024; and
WHEREAS, following the close of the meeting before the Planning Commission, the Planning Commission determined that the proposed vacation was in conformance with the General Plan; and
WHEREAS, on May 7, 2024, the City Council heard and found and determined from all of the evidence submitted to said Council that the vacation of approximately 0.82 acres of public right-of-way of Koontz Avenue, consisting of approximately 510 feet in length and 60 feet in width, situated on the cul-de-sac street situated south of Florence

ATTACHMENT A
2 Ave, within the City of Santa Fe Springs, proposed for vacation is unnecessary for present or prospective public use and therein adopted Resolution No. 9906; and WHEREAS, Resolution No. 9906 failed to reserve in place existing utilities; and WHEREAS, Resolution No. 9906 needs to be amended to reserve from the street vacation any existing utilities.

NOW, THEREFORE, IT IS RESOLVED, by the City Council of the City of Santa Fe Springs, California, as follows:

Section 1: That the Recitals above are true and correct and incorporated herein by reference.

Section 2: That Resolution No. 9906 is hereby amended to include the language set forth in Section 5 below.

Section 3: That the vacation of approximately 0.82 acres of Koontz Avenue, consisting of approximately 510 feet in length and 60 feet in width, a cul-de-sac street situated south of Florence Ave, is undertaken pursuant to the provisions of and in accordance with the procedures set forth in the Public Streets, Highways, and Services Easements Vacation Law being Sections 8300 et seq. of the Streets and Highway Code, and all notices required thereby have been duly given.

Section 4: That from all evidence submitted to the City Council at the May 7, 2024, public hearing, whether such evidence was oral or in writing, together with the recommendations and findings from the Planning Commission, and contained in this Resolution and accompanying staff report, that an approximately 0.82 acres of Koontz Avenue consisting of approximately 510 feet in length and 60 feet in width, a cul-de-sac street situated south of Florence Ave, within the City of Santa Fe Springs, California, as hereinafter described and ordered vacated is unnecessary for present or prospective public use as a public street. The proposed vacation 1) will not be needed to provide access to the public; 2) is unnecessary for present or future public use; 3) will not alter the primary access to any of the existing lots and access will remain the same for all properties surrounding the street; 4) will not impact any adjacent parcels; and 5) will not 3 impact access to any other parcels. The cul-de-sac being vacated is enclosed by the entirety of one existing parcel, therefore, the vacation will not impact any adjacent parcels.

The street vacation is for the purpose of incorporating the vacated street area into the layout of an industrial development.

Section 5: That the public convenience and necessity requires the exception of the following easements and rights-of-way from the vacation hereinabove ordered: an easement for electrical energy, underground facilities including water pipelines, gas lines, storm drains, sanitary sewers, electrical energy, telephone, telegraph and communications structures, and the right of ingress and egress to construct, place, inspect, operate, maintain, repair, replace and remove such underground facilities unless said facilities are satisfactorily relocated and/or abandoned, further, that the public convenience and necessity require the exception and reservation from the vacation of those easements and rights-of-way in, under, across, upon, over and along that portion of the public streets ordered to be vacated necessary to maintain, operate, remove or renew any in-place public utility facilities that are in use and not otherwise excepted and reserved hereinabove
Section 6: That the vacation of approximately 0.82 acres of Koontz Avenue, consisting of approximately 510 feet in length and 60 feet in width, a cul-de-sac street situated south of Florence Ave, within the City of Santa Fe Springs, California, and described and depicted in attached Exhibits “A” and “B”, and by this reference made a part hereof, be and the same is hereby ordered vacated.

Section 7: That the vacation of Koontz Avenue was previously analyzed under CEQA in connection with Tentative Tract Map 84116 and Development Plan Approval’s 1000 and 1001. The City’s Planning Commission adopted Resolution No. 248-2023 approving and adopting an Addendum to the City’s Certified EIR for the General Plan and Targeted Zoning Update for that project, including the Koontz Avenue street vacation.

Section 8: That the City Clerk of the City of Santa Fe Springs shall cause a certified copy of this Resolution to be recorded in the Office of the County Recorder of the County 4 of Los Angeles, California, and upon such recordation, the approximately 0.82 acres of Koontz Avenue, consisting of approximately 510 feet in length and 60 feet in width, a culde-sac street situated south of Florence Ave, within the City of Santa Fe Springs, California shall no longer constitute a public street from and after the date of recordation.

ADOPTED by the City Council this 6th, day of August, 2024 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jay Sarno, Mayor
ATTEST:
___________________________________
Fernando Muñoz, CMC, Deputy City Clerk
Attachment: Exhibits “A” and “B”
November 27, 2023
Project No. A22200
Sheet 1 of 2
EXHIBIT “A”

LEGAL DESCRIPTION

STREET & PUBLIC UTILITIES VACATION

ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SANTA FE SPRINGS, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, BEING ALL OF KOONTZ AVENUE AS SHOWN ON THAT CERTAIN PARCEL MAP NO. 1648, FILED FOR RECORD ON SEPTEMBER 24, 1971, IN BOOK 34 OF MAPS AT PAGE 11, OFFICIAL RECORDS OF LOS ANGELES COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING ALL OF THAT LAND DESCRIBED IN THAT EASEMENT DEED RECORDED ON NOVEMBER 1, 1967, IN REC. NO. 2460, OFFICIAL RECORDS OF LOS ANGELES COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 3 SOUTH, RANGE 11 WEST, IN THE RANCHO SAN GERTRUDES, CITY OF SANTA FE SPRINGS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 32, PAGE 18 OF MISCELLANEOUS RECORDS OF SAID COUNTY.

BEGINNING AT A POINT IN THE CENTER LINE OF FLORENCE AVENUE THAT IS SOUTH 89°40’20” WEST THEREON 372.24 FEET FROM THE CENTER LINE OF NORWALK BOULEVARD, AS SAID CENTER LINES ARE SHOWN ON COUNTY SURVEYOR’S MAP NO. B-763, SHEET 4, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTH 0°18’38” EAST 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE PARALLEL WITH SAID CENTER LINE OF FLORENCE AVENUE, NORTH 89°40’20” EAST

54.99 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 25 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°58’58” AN ARC DISTANCE OF 39.26 FEET TO A POINT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH AND DISTANCE EASTERLY 30 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE HEREIN BEFORE DESCRIBED AS HAVING A BEARING OF SOUTH 0°18’38” EAST; THENCE ALONG SAID PARALLEL LINE, SOUTH 0°18’38” EAST 428.15 TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 57 FEET; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 213°38’39” AN ARC DISTANCE OF 212.54 FEET; THENCE TANGENT TO SAID CURVE NORTH 33°20’01” EAST 50.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 100 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33°38’39” AN ARC DISTANCE OF 58.72 FEET TO A POINT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 30 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY PROLONGATION; THENCE ALONG SAID LASTMENTIONED PARALLEL LINE NORTH 0°18’38” WEST 299.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 90°01’02” AN ARC DISTANCE OF 39.28 FEET TO A LINE BEARING NORTH 89°40’20” EAST AND PASSING THROUGH THE TRUE POINT OF BEGINNING; THENCE THEREON NORTH 89°40’20” EAST 55.01 FEET TO THE TRUE POINT OF BEGINNING.

TO BE KNOWN AS KOONTZ AVENUE.

CONTAINING AN AREA OF 35,740 SQUARE FEET, OR 0.8205 ACRES, MORE OR LESS.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.

November 27, 2023
Project No. A22200
Sheet 2 of 2

THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

LEGAL DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC.

Date Ryan M. Amaya, L.S. 8134
11-27-2023

FLORENCE AVENUE NORWALK BOULEVARD KOONTZ AVENUE

STREET VACATION

KOONTZ AVENUE
EXHIBIT "B "
1 OF 1
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com SANTA FE SPRINGS CALIFORNIA
BY
JOB NO.

SCALE
DATE
DFH
A22200
NOV. 2023
SHEET
1" = 100'
NORTH

LANDS OF

FLORENCE SFS, LLC
DOC. 20220418746
(04/15/2022)
11-27-2023
1 KOONTZ AVENUE S/O FLORENCE AVENUE

STREET VACATION UTILITY STATUS
Facilities
Involved
Utility Notified Replied Yes No Remarks
Southern California Edison Yes Yes X Facility
9901 Geary Avenue removed.

Santa Fe Springs, CA 90670
Attn: Adrian Simon,
Jeff Clark
[email protected]
[email protected]
Southern California Gas Yes Yes X No easement
P.O. Box 1626 required.

Monterey Park, CA 91754-8626 Facility
Attn: Carlos Sanchez removed.

[email protected]
Crimson Pipeline Co. Yes Yes X
2459 Redondo Avenue
Signal Hill, CA 90755
Attn: April Harvey,
Shenan Dean Lovrien
[email protected]
[email protected]
[email protected]
[email protected]
Charter Communications Yes Yes X No easement
14338 Lakewood Blvd required.

Bellflower, CA 90706 Facility
Attn: Erik Lemus removed.

[email protected]
Central Basin MWD Yes Yes X
6252 Telegraph Rd
Commerce, CA 90040
Attn: Isabelle Guido,
Alex Rojas
[email protected]
[email protected]
2 KOONTZ AVENUE S/O FLORENCE AVENUE

STREET VACATION UTILITY STATUS
Facilities
Involved
Utility Notified Replied Yes No Remarks
AT&T Yes Yes X No easement
22311 Brookhurst Street required.

Huntington Beach, CA 92646
Attn: Joseph Forkert
Att&t-inquiries@
forkertengineering.com
Frontier Yes Yes X
201 Flynn Rd,
Camarillo, CA 93012
Attn: Maria Kidd
[email protected]
Torrance Logistics Company, LLC Yes Yes X
12851 E. 166th Street
Cerritos, CA 90703-2103
Attn: Eleanor Marx
[email protected]
[email protected]
City of Santa Fe Springs X No easement
Sewer System required.
11710 Telegraph Rd Facility
Santa Fe Springs, CA 90670 removed.

City of Santa Fe Springs X No easement
Water Division required.
11710 Telegraph Rd Facility
Santa Fe Springs, CA 90670 removed.

ATTACHMENT B

November 27, 2023
Project No. A22200
Sheet 1 of 2
EXHIBIT “A”

LEGAL DESCRIPTION

STREET & PUBLIC UTILITIES VACATION

ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SANTA FE SPRINGS, COUNTY OF LOS

BEING ALL OF THAT LAND DESCRIBED IN THAT EASEMENT DEED RECORDED ON NOVEMBER 1, 1967, IN REC. NO. 2460, OFFICIAL RECORDS OF LOS ANGELES COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TO BE KNOWN AS KOONTZ AVENUE.

CONTAINING AN AREA OF 35,740 SQUARE FEET, OR 0.8205 ACRES, MORE OR LESS.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.

November 27, 2023
Project No. A22200
Sheet 2 of 2

THIS DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.

LEGAL DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS AND SURVEYORS, INC.

Date Ryan M. Amaya, L.S. 8134
11-27-2023

FLORENCE AVENUE NORWALK BOULEVARD KOONTZ AVENUE

STREET VACATION

KOONTZ AVENUE
EXHIBIT "B "
1 OF 1
3350 Scott Boulevard, Building 22
Santa Clara, California 95054
Phone: (408) 727-6665
www.kierwright.com SANTA FE SPRINGS CALIFORNIA
BY
JOB NO.

SCALE
DATE
DFH
A22200
NOV. 2023
SHEET
1" = 100'
NORTH

LANDS OF

FLORENCE SFS, LLC
DOC. 20220418746
(04/15/2022)
11-27-2023
1 KOONTZ AVENUE S/O FLORENCE AVENUE

STREET VACATION UTILITY STATUS
Facilities
Involved
Utility Notified Replied Yes No Remarks
Southern California Edison Yes Yes X Facility
9901 Geary Avenue removed.

Santa Fe Springs, CA 90670
Attn: Adrian Simon,
Jeff Clark
[email protected]
[email protected]
Southern California Gas Yes Yes X No easement
P.O. Box 1626 required.

Monterey Park, CA 91754-8626 Facility
Attn: Carlos Sanchez removed.

Bellflower, CA 90706 Facility
Attn: Erik Lemus removed.

[email protected]
Central Basin MWD Yes Yes X
6252 Telegraph Rd
Commerce, CA 90040
Attn: Isabelle Guido,
Alex Rojas
[email protected]
[email protected]
2 KOONTZ AVENUE S/O FLORENCE AVENUE

STREET VACATION UTILITY STATUS
Facilities
Involved
Utility Notified Replied Yes No Remarks
AT&T Yes Yes X No easement
22311 Brookhurst Street required.

City of Santa Fe Springs X No easement
Water Division required.
11710 Telegraph Rd Facility
Santa Fe Springs, CA 90670 removed.

ITEM # 16

CITY OF SANTA FE SPRINGS

DATE: August 6, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Approve Amendment No. 2 to the landscape maintenance services agreement with Merchants Landscape Services, Inc. exercising the final one-year extension and increasing the annual contract amount to $978,824.35; and 2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Amendment No. 2 results in a 3% increase to the Landscape Maintenance Services Agreement which is currently at a total annual compensation of $926,785.92. The requested increase will raise the amount paid for landscape maintenance services to $954,044.35 for fiscal year 2024-2025.

In addition, City staff has identified various locations that the City wishes to add to the landscape maintenance agreement incurring an extra monthly expense of $2,065.00.

This addition brings the monthly total price to $79,503.70 or $978,824.35 for the fiscal year. The 3% increase and additional locations are accounted for the in the adopted budget for FY 2024-25.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
Amendment No. 2 to the Landscape Maintenance Services Agreement with Merchants Landscape Services, Inc.

Page 2 of 3 ends

BACKGROUND
At the July 9, 2020 Council meeting, Merchants Landscape Service, Inc. was awarded a contract to provide Landscape Maintenance Services citywide. The contract is for an initial three-year term with two one-year renewal options, for a total of up to five years. At the May 2, 2023 meeting, the Council approved Amendment No. 1, a one-year extension and a 3% increase. City staff continuously monitors the services provided by Merchants and finds their performance satisfactory.

In a letter dated January 18, 2024 (Attachment C), Merchants Landscape Services requested the extension of the contract for the 5th and final year and requested a 5% increase due to the rising cost of materials, supplies, and labor. Staff negotiated the increase and Merchants has agreed to a 3% increase, which is reflected in the recommended amendment. Furthermore, City staff has identified several locations that are currently maintained by staff and/or other contractors. Merchants provided a quote (Attachment D) for consolidating these additional areas at a monthly cost of $2,065. The additional areas include: 1) New medians constructed after execution of Amendment No. 1; 2) Locations within the public street right-of-way that were not part of the original scope of work; 3) Successor Agency-owned parcels; and 4) Fire Stations.

ANALYSIS
Not applicable.

ENVIRONMENTAL
Not applicable.

DISCUSSION
Not applicable.

SUMMARY/NEXT STEPS
Upon approval of the City Council City staff will coordinate with Merchants Landscape on implementation of Amendment No.2, adding the additional locations to the maintenance service agreement, and the negotiated increase of 3% for one (1) year, with all other current terms, conditions and specifications remaining the same. Staff will also commence the Request for Proposals process during this last year of the current agreement with Merchants. With the approval of Amendment No. 2, the contract would expire on July 31, 2025.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
Amendment No. 2 to the Landscape Maintenance Services Agreement with Merchants Landscape Services, Inc.

Page 3 of 3 ends

ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
ATTACHMENTS:

A. Amendment No. 2
B. Landscape Maintenance Services Agreement – Dated 08/01/2020, including Amendment No. 1
C. Merchants Landscape Services, Inc. Letter of Contract Renewal D. Merchants Landscape Services, Inc. Proposal Letter Adding Various Locations Proposal

AMENDMENT NUMBER TWO TO

PROFESSIONAL SERVICES AGREEMENT
WITH MERCHANTS LANDSCAPE SERVICES, INC.

This Amendment Number TWO (“Amendment”) is made and entered into this 16th day of July, 2024, by and between the City of Santa Fe Springs (“City”) and Merchants Landscape Services, Inc. (“Contractor”).

WHEREAS, on August 1, 2020, the City and Contractor entered into an agreement for Contractor to provide landscape services to the City (“Agreement”); and WHEREAS, the Agreement provides for an initial three-year term with two oneyear extensions upon City Council approval; and WHEREAS, the parties desire to exercise the second and final one-year extension and amend Exhibit B and the compensation for the extended term.

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

1. Pursuant to Section 1 of the Agreement, the term of the Agreement is extended through July 31, 2025.

2. Section 2. Exhibit B (Detailed Service Area Fee Schedule) is replaced by Exhibit B attached to this Amendment to include eight new locations.

3. Section 5(A) and Exhibit B of the Agreement are amended to reflect a three percent increase in all fees and an annual compensation amount of $978,824.35.

4. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]

ATTACHMENT A
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 MERCHANTS LANDSCAPE SERVICES,
INC.

Name: Jay Sarno Name Mark Brower
Title: Mayor Title: President
Date: Date:

ATTEST

MERCHANTS LANDSCAPE SERVICES,
INC.

Name: Fernando Muñoz, Name Donna Brower
Title: Deputy City Clerk Title: Secretary
Date: Date:

APPROVED AS TO FORM:
_________________________
Ivy M. Tsai, City Attorney
Attachment: Exhibit B Contractors Fee Schedule

City of Santa Fe Springs
Landscape Maintenance Services
Fee Schedule
Service Area Current Monthly Total
Requested Increase for
Fiscal year 2024/2025:

Monthly Total + 3% Yearly Total
#1 - MEDIANS AND
PARKWAYS $ 29,573.36 $ 30,443.17 $ 365,318.00
#2- PARKS AND PARKETTES $ 34,243.05 $ 35,250.21 $ 423,002.47 #3- FACILITIES $ 13,415.75 $ 13,810.32 $ 165,723.88
Total: $ 77,232.16 $ 79,503.70 $ 954,044.35
Additional areas not in our current contract per letter dated 05/02/2024: $ 2,065.00 $ 24,780.00 Grand Total: $ 81,614.12 $978,824.35

EXHIBIT B

DETAILED SERVICE AREA FEE SCHEDULE
SERVICE AREA #1 - MEDIANS AND PARKWAYS
Site # Site Name
Requested 3%
Increase for Fiscal
year 2024/2025:
*New Locations
M-01 Alondra Blvd (Weekly ) $ 496.22
Median
Shoemaker Rd to Valley View Ave (45,432 SF)
M-02 Bloomfield Ave Weekly $ 385.95
Greenbelt
Telegraph Rd to Heritage Springs Dr (18,357 SF)
M-03 Bloomfield Ave Weekly $ 441.08
Median
Telegraph Rd to Lakeland Ave (23,165 SF)
M-04 Broaded Street (weekly) $ 441.08
Greenbelt
Millergrove Dr to Alburtis Ave (16,569 SF)
M-05 Carmenita Road -South Center Median (Weekly) $ 606.49 Median
Alondra Blvd to Imperial HWY (26,623 SF)
M-06 Carmenita Road (Weekly) $ 220.54
Hardscape/Planters
Foster Rd to Cambridge St (36,546 SF)
M-07 Florence Ave (Weekly) $ 827.03
Hardscape/Planters
Bloomfield Ave To Norwalk Blvd -
Hardscape/Planters (61,727 SF)
M-08 Florence Ave (Weekly) $ 2,756.76
Median
City Boundary to Carmenita RD (77,928 SF)
M-09 Florence Ave (Weekly) $ 330.81
Greenbelt
Orr & Day Rd to Ringwood Ave (24,878 SF)
M-10 Getty Drive (Weekly) $ 330.81
Planter
Cul-de-Sac to Lakeland Dr (5,707 SF)
M-11 Imperial Highway ( Weekly) $ 110.27
Hardscape/Planters
Bloomfield Ave to Transportation Dr (18,354 SF)
M-12 Imperial Highway ( Weekly) $ 441.08
Median
Bloomfield Ave to Transportation Dr (10,000 SF)
M-13 Los Nietos Sound Wall $ 992.43
Greenbelt/Planter
Pioneer Blvd to Railroad Tracks (8,788 SF)
M-14 Meyer Road ( Weekly) $ 385.95
Median
Shoemaker Ave to Painter Ave (5,335 SF)
M-15 Motor Center (Weekly) $ 441.08
Greenbelt
Firestone Blvd and Bloomfield Ave (12,746 SF)
M-16 N/E Corner of Florence & Laurel (Weekly) $ 441.08
Greenbelt
Florence Ave and Laurel Ave
M-17 Norwalk Blvd (Weekly) $ 330.81
Median
North City Boundary to Clark St (5,256 SF)
M-18 Orr & Day Road (Weekly) $ 1,654.06
Greenbelt
Otto St To Davenrich St (19,221 SF)

M-19 Orr & Day Road (Weekly) $ 2,756.76
Median/Planter
Florence Ave to Pioneer Blvd (50,756 SF)
M-20 Orr & Day Road (Weekly) $ 1,929.74
Greenbelt
Florence Ave to Pioneer Blvd (20,512 SF)
M-21 Pioneer Blvd (Weekly) $ 220.54
Greenbelt
Navojoa PL to Mersin PL (4,972 SF)
M-22 Pioneer Blvd (Weekly) $ 2,205.41
Median
Florence Ave to Rivera Rd (95,900 SF)
M-23 Pioneer Blvd (Weekly) $ 441.08
Greenbelt
Florence Ave to Dunning St ( 15,111 SF)
M-24 Santa Fe Springs Parking Lot (Weekly) $ 1,047.57
Planter
Davenrich St (58,400 SF)
M-25 Santa Fe Springs Parking Lot (Weekly) $ 1,378.38
Median
Telegraph Rd to Los Nietos Rd (29,985 SF)
M-26 Santa Fe Springs Parking Lot (Weekly) $ 1,654.06
Greenbelt/Planter
McCann Dr to Los Nietos Rd (73,408 SF)
M-27 Slauson Ave (Weekly) $ 992.43
Median/Planter
Sorenson Ave To Santa Fe Springs Rd (35,022 SF)
M-28 Slauson Ave (Weekly) $ 330.81
Median
Washington Blvd to Slauson Ave (3,981 SF)

M-29 Telegraph Road ( Weekly) $ 441.08
Greenbelt
NW Corner to Telegraph RD and Laurel Ave (8,411 SF)
M-30 Telegraph Road ( Weekly) $ 1,323.25
Median
Cedardale DR to City Boundary (117,554 SF)
M-31 Telegraph Road ( Weekly) $ 330.81
Greenbelt/Planter
NW Corner of Telegraph RD and Bloomfield Ave (9,909 SF) M-32 Telegraph Road ( Weekly) $ 827.03
Greenbelt/Planter
Bloomfield Ave to 1,400 Fee East (76,547 SF)
M-33 Telegraph Road ( Weekly) $ 330.81
Greenbelt/Planter
Telegraph Rd @ Railroad Overpass (13,993 SF)
M-34 Telegraph Road ( Weekly) $ 330.81
Greenbelt/Planter
Telegraph Rd to Pioneer Blvd (13,993 SF)
M-35 Washington Blvd ( Weekly) $ 330.81
Median
Norwalk Blvd to City Boundary (8,568 SF)
M-36 Washington Blvd ( Weekly) $ 110.27
Parkway
Northwest Corner ( 1,525 SF)
M-37 Borate St (Weekly) $ 275.68
Parkway
Frontage of Water Well
M-38 Heritage Corporate Center ( Weekly) $ 1,212.98
Flag Court and Parkway
Norwalk Blvd and Telegraph RD (19,389 SF)

M-39 Carmenita Overpass South of 5 Freeway ( Weekly) $ 68.92 Parkway
Eastside of bridge at Freeway Drive (16,400 SF)
M-40 Firestone Blvd at Carmenita PL (Weekly) $ 116.64
Median
South of 5 Freeway (7,200 SF)
M-41 Shoemaker Bridge at Firestone Blvd ( Weekly) $ 153.75 Parkway
South of 5 Freeway Eastside of Bridge (22,500 SF)
M-42* Los Nietos Rd. (South HOA Area) (Weekly) $ 175.00 Planter (8139 SF)
M-43* Norwalk Business Center Art Walkway (Weekly) $ 145.00 Planter (6304 SF)
M-44* Florence New Median Planter (Weekly) $ 115.00
Median/Planter (3645 SF)
Subtotal of M-01 thru M-44 $ 30,878.17

DETAILED SERVICE AREA FEE SCHEDULE
SERVICE AREA # 2 - PARKS AND PARKETTES
Site # Site Name
Requested 3%
Increase for Fiscal
year 2024/2025:
*New Locations
P-01 Alburtis Ave Walkway ( Weekly) $ 275.68
Hardscape/Landscape
Alburtis Ave to Fallon Ave ( 9,906 SF)
P-02 Bradwell Ave (Weekly) $ 330.81
Parkette Hardscape /Landscape
Bradwell Ave @ Terradell St (12,912 SF)
P-03 Davenrich Cul-De-Sac (weekly) $ 330.81
Parkette
Cul-De-Sac to 605 Freeway Sound Wall (5,984 SF)
P-04 Davenrich St ( Weekly) $ 330.81
Parkette
Davenrich St at Longworth Ave ( 10,285 SF)
P-05 Florence Avenue (weekly) $ 330.81
Parkette-City Monument Sign
NW Corner of Florence Ave and Pioneer Blvd (5,144 BLVD) P-06 Florence Avenue (weekly) $ 330.81
Parkette
SW Corner of Florence Ave and Pioneer Blvd (4,122 SF)
P-07 Heritage Park - Groundskeeper Services $ 5,513.53
Park
Parking Lots ( Daily-Except Wednesday)
P-08 Heritage Park - Groundskeeper Services $ 983.62
Special
Events
On-Call Services Sat/Sun ( 4 hr. Minimum)
April-November (8 mos.)
P-09 Jersey/Clarkman Walkway (Weekly) $ 220.54
Hardscape
Jersey Ave to Clarkman St (14,262 SF)
P-10 Lake Center Park (Weekly-Athletics Fields ) $ 3,817.06 Closed Nov-Feb
Park
Florence Ave to Clarkman St ( 510,000 SF)
P-11 Lake Center Park Entry (Weekly) $ 330.81
Greenbelt/Planter
Florence Ave to Clarkman St (8,788
SF)
P-12 Lakeview Park ( Weekly) $ 1,874.60
Park
Joslin Street/Jersey Ave (255,500 SF)
P-13 Little Lake Park (Weekly-Athletic Fields) $ 4,300.55 Closed Nov-Feb
Park
Pioneer Blvd/Lakeland Rd (786,057
SF)
P-14 Longworth Ave (Weekly) $ 330.81
Parkette
Darcy St at Longworth Ave (13,989
SF)
P-15 Los Nietos Park ( Weekly-Athletics Fields) $ 3,528.66 Closed Nov-Feb
Park
Charlesworth Rd to Broaded St (549,000 SF)
P-16 Merson Garden ( Weekly) $ 330.81
Parkette
Telegraph RD and Bartley Ave ( 11,532 SF)
P-17 Santa Fe Springs Park (weekly) $ 3,308.12
Park
Davenrich St to San Gabriel River (538,000 SF)
P-18 SFS Athletic Fields (Weekly-Athletics Fields ) $ 2,646.49 Closed Nov-Feb
Park
Jersey Ave and Pioneer Blvd (275,999 SF)
P-19 Smith Ave Triangle (weekly) $ 551.35
Park
Alburtis Ave to 750 feet East (31,400SF)
P-20 Sculpture Gardens (Weekly) $ 3,764.05
Park
Mora Dr at Ontiveros PL (189,964 SF)
P-21 Neighborhood Center (Weekly) $ 1,323.25
Greenbelt/Planter
Navojoa PL to Placita PL (28,290 SF)
P-22 Post Office (Weekly) $ 220.54
Greenbelt
Telegraph Rd ( 8,807 SF)
P-23 Town Center Walkway ( Weekly) $ 275.68
Greenbelt/Hardscape/Planter
Town Center-Alburtis to Civic Center
Telegraph Rd to Clarke Estate (18,685 SF)
P-24* Telegraph & Norwalk (Bi-monthly) $ 150.00
Empty Lot (NW Corner) (38012 SF)
P-25* Lakeland & Laurel (Bi-Monthly) $ 150.00
Empty Lot (NE Corner)
Subtotal P-01 thru P-25 $ 35,550.21

DETAILED SERVICE AREA FEE SCHEDULE
SERVICE AREA # 3-Facilities
Site # Site Name
Requested 3%
Increase for Fiscal
year 2024/2025:
*New Locations
F-01 Aquatic Center (weekly) $ 491.45
Greenbelt/Planter
Pioneer Blvd to Clarke Estate
F-02 City Hall- Groundskeeper Services $ 4,914.46
Parking Lots
Planters/Hardscape
F-03 City Yard (Weekly/Bi-Weekly Nov-Feb) $ 382.24
Greenbelt
Emmens Way (11,538 SF)
F-04 Civic Center (Weekly) $ 1,310.52
Greenbelt/Hardscape
Telegraph Rd and Pioneer Blvd ( 85,406 SF)
F-05 Clarke Estate - Groundskeeper Services $ 5,242.10
Park/Planters/Hardscape
F-06 Clarke Estate - Groundskeeper Services $ 814.30
Special Events
On-Call Services-4 hr. Minimum
(After normal work hours, weekends and holidays )
April-November (8 months)
F-07 Fire Station Headquarters (Weekly) $ 327.63
11300 Greenstone Ave
Greenbelt (11,762 SF)
F-08 Fire Station No. 4 (weekly) $ 327.63
11736 Telegraph Rd (2,400 SF)
Greenbelt
F-09* Fire Station # 1 Headquarters (weekly) $ 870.00
11300 Greenstone Ave
(Patios, Pond, and Back Parking Areas) (43518 SF)
F-10* Fire Station # 2 (weekly) $ 305.00
8634 Dice Rd
Front Landscape (4404 SF)

F-11* Fire Station #3 (weekly)
15517 Carmenita Rd $ 155.00
Front Landscape (2061 SF)
Subtotal F-01 thru F-11 $ 15,140.32

CITY OF SANTA FE SPRINGS

LANDSCAPE MAINTENANCE SERVICES AGREEMENT
WITH
MERCHANTS LANDSCAPE SERVICES, INC.

This Landscape Maintenance Services Agreement ("Agreement") is made and effective as of the 151 of August, 2020 ("Effective Date"), by and between the City of Santa Fe Springs, a California municipal corporation, ("City") and Merchants Landscape Services, Inc., a California corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 1, 2020, and shall remain and continue in effect for a period of three years, unless sooner terminated pursuant to the provisions of this Agreement. The City shall have the option to extend the term for two additional oneyear periods upon City Council approval.

2. SERVICES
Contractor shall perform the services described and set forth in the City's Request for Proposals attached hereto as Exhibit A and Contractor's Proposal attached hereto as Exhibit B ("Services"), both incorporated herein as though set forth in full.

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

4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement.

5. PAYMENT
A. The City agrees to pay Contractor for Services satisfactorily performed the monthly amount of $74,982.68 ($899,792.16 per year) for the Agreement term, in accordance with the fees set forth in Exhibit B.

B. Contractor 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, unless such additional services are authorized in advance and in writing by the City Manager or designee. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and Contractor at the time the City's written authorization is given to Contractor for the performance of said services.

C. Contractor 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 Contractor's Services or fees, it shall give written notice to Contractor 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 forty-five (45) days of receipt of an invoice therefor.

6. SUSPENSION OR 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 Contractor at least ninety (90) days' prior written notice. Upon receipt of said notice, Contractor shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City 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 Contractor 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, Contractor will submit an invoice to the City pursuant to Section 5.

7. DEFAULT OF CONTRACTOR
If the City determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Contractor a written notice of the default. Contractor shall have seven (7) days after service of said notice to cure the default. In the event that Contractor 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. The City shall also have the right to offset against the amount of any fees due to Contractor any costs incurred by the City as a result of Contractor's default.

8. OWNERSHIP OF DOCUMENTS
A Contractor shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. Contractor 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 Landscape Maintenance Services
2 generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor 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 Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor'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. Contractor 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 Contractor in the course of providing the Services under this Agreement.

9. INDEMNIFICATION AND DEFENSE
A. Indemnity.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and any and all of its officials, officers, employees, agents, and/or volunteers ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs, caused in whole or in part by the acts, errors, or omissions of Contractor, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) in the performance of Services under this Agreement.

B. Duty to Defend.

In the event the City, its officials, officers, employees, agents, and/or volunteers are made a party to any claim, action, lawsuit, or other adversarial proceeding ("Action") arising from the performance of the Services under this Agreement, whether or not Contractor is named in such Action, and upon demand by the City, Contractor shall defend the City at Contractor's sole cost, or at the City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense.

Landscape Maintenance Services
3 C. Payment by the City for Services is not a condition precedent to enforcement of this section. Contractor's duty to defend, indemnify, and hold harmless the City shall not extend to the City's sole or active negligence. In the event of any dispute between Contractor and the City as to whether liability arises from the sole or active negligence of the City or its officials, officers, employees, agents, and/or volunteers, Contractor will be obligated to pay for the City's defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including, but not limited to, attorney's fees, expert fees and costs of litigation.

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

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

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. Contractor 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 Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor 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. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. The City shall have the right to offset Landscape Maintenance Services
4 against the amount of any fees due to Contractor under this Agreement as a result of Contractor's failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.

C. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for 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, Contractor and any of its employees, agents, and subcontractors 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 PERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

12. LEGAL RESPONSIBILITIES
Contractor 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. Contractor 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 Contractor to comply with this Section.

13. UNDUE INFLUENCE
Contractor 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 Contractor, or from any officer, employee or agent of Contractor, 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 LOCAL 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 Landscape Maintenance Services
5 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 Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without the City's prior written authorization, unless the information is clearly public. Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or designee, or unless requested by the 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 Contractor gives the City notice of such court order or subpoena.

B. Contractor shall promptly notify the City should Contractor, its officers, employees, agents, and/or subcontractors 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 the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Contractor is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Contractor 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 Contractor in such proceeding, Contractor agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Contractor. 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:

Landscape Maintenance Services
6 To the City:

To Contractor:

17. ASSIGNMENT
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
Attention: Director of Public Works
Mark Brower, President
Merchant Landscape Services
151 O S. Lyon Street
Santa Ana, CA 92705
Contractor 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 subcontractor for any services under this Agreement, Contractor shall provide the City with the identity of the proposed subcontractor, a copy of the proposed written contract between Contractor and such subcontractor 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 subcontractor 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, Contractor 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 Contractor 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.

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

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

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

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

25. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision 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.

Landscape Maintenance Services
8 EXHIBIT A

REQUEST FOR PROPOSALS

EXHIBIT B

CONTRACTOR'S PROPOSAL

EXHIBIT C

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

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident.

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

Contractor 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.

Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Contractor 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. Contractor 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 Contractor, or Contractor's agents, representatives, employees or subcontractors.

Primary/noncontributing. Coverage provided by Contractor 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 Contractor or the City will withhold amounts sufficient to pay premium from Contractor 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 VII (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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Enforcement of Agreement provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor 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. Contractor 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 non renewal 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 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its subcontractors, and any other party involved with the Services who is brought onto or involved in the Services by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with contractors, subcontractors, and others engaged in the Services will be submitted to the City 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 Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor'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. Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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

EXHIBITC

Contractor 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.

1510 S Lyon Street., Santa Ana, CA 92705, (800) 645-4881 Office, (714) 972-3185 Fax January 18, 2024
Kevin J. Periman
City of Santa Fe Springs
12636 Emmens Way
Santa Fe Springs, CA 90670-3942

Regarding: City of Santa Fe Springs Landscape Maintenance Services – Contract Renewal 2024-2025 Dear Kevin,
We are grateful for your business these past years and Merchants Landscape Services agrees to extend its current landscape maintenance contract with the City of Santa Fe Springs for one (1) additional year fiscal year 2024-2025.

Since our last contract renewal 2023-2024 we received a 3% increase but we still having some difficulties to compensate for the past inflation increases in years 2022 9.59%, and 2023 4.06% averaging 6.83 % CPI. The inflation forecasts for 2024 should be 3.2% CPI.

Respectfully, please consider our request to get a 5% increase for the one (1) year, and all current terms, conditions and specifications will remain the same. Our request is necessary as a result of continued increases in costs such irrigation materials, seed, fertilizer, seasonal color, herbicides, dump fees, fuel, and labor.

Merchants looks forward to have the opportunity to meet with you and discuss in better details the above request.

Sincerely,
Martin Herrera
Branch Manager
Cc: Mark Brower

ATTACHMENT C
1510 S. Lyon St, Santa Ana, CA 92705, (800)645-4881 Office, (714)972-3185 Fax

May 2, 2024
Johnny Chavarria
City of Santa Fe Springs
12636 Emmens Way
Santa Fe Springs, CA 90670-3942
RE: City of Santa Fe Springs – Various Locations
Dear Johnny,
Merchants Landscape Services is pleased to submit the following proposal to add various locations into our current contract.

City of Santa Fe Springs
Not In Contract
Site
#: Site Names:

Approx.

Sq. Ft.

Monthly
Cost Notes:
1 Los Nietos Rd. (South
HOA Area) 8,139 $175.00 Planter: Weekly service
2 Norwalk Business Center
Art Walkway 6,304 $145.00 Planter: Weekly service
3 Florence New Median
Planter 3,645 $115.00 Planter: Weekly service
4 Telegraph & Norwalk
Empty Lot (NW corner) 38,012 $150.00 Bi-monthly service: keep weeds down and litter removal 5 Lakeland & Laurel Empty
Lot (NE corner) 32,307 $150.00 Bi-monthly service: keep weeds down and litter removal 6 Fire Station #1
Headquarters (Patios,
Pond, and Back Parking
Area)
43,518 $870.00
Turf and Planters: Patios Weekly
service, mowing Putting Green with
reel mower. Rear parking area weeds
and blowing twice a month
7 Fire Station #2 (Front
Landscape) 4,404 $305.00 Turf and Planters: Weekly service 8 Fire Station #3 (Front
Landscape) 2,061 $155.00 Turf and Planter: Weekly service Total SQ. FT. 138,390 $2,065.00
If you have any questions regarding this proposal, please contact Martin Herrera at (800) 645-4881.

Sincerely,
Martin Herrera
Branch Manager
CC: Juan Damian

ATTACHMENT D
ITEM # 17

CITY OF SANTA FE SPRINGS

SANTA FE SPRINGS MUNICIPAL CODE RELATING TO ELECTRIC

VEHICLE CHARGING STATIONS
DATE: August 6, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Adopt Ordinance No. 1144: An Ordinance of the City of Santa Fe Springs Amending Chapter 72 of Title VII (Traffic Code) of the Santa Fe Springs Municipal Code relating to electric Vehicle charging stations; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
There is no fiscal impact as a result of the recommended action.

BACKGROUND
The City Hall Parking Lot Renovation project completed several years ago included underground infrastructure to accommodate the installation of EV charging stations at several parking spaces along the north side of City Hall. Staff recently purchased and installed two EV charging stations at this location as a pilot project to familiarize staff with the selection, installation, set up and operation of EV charging stations. These are the first EV charging stations installed at a city facility. The stations were installed by Public Works Maintenance staff and have been restricted to employee use during the pilot period to ensure the stations are operating properly and efficiently and to train staff on the CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 6, 2024
Second Reading and Adoption of Ordinance No. 1144 Amending Chapter 72 of Title VII (Traffic Code) of the Santa Fe Springs Municipal Code Relating to Electric Vehicle Charging Stations

Page 2 of 2 ends

ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
operation and maintenance of the stations, including setting up and managing user accounts.

Additionally, and in a separate effort to make EV charging stations available to residents and visitors of the City of Santa Fe Springs, staff applied for and received a grant to purchase and install several EV charging station in the Civic Center Plaza. It is anticipated that a total of 12 charging stations will be made available to the general public in the coming year. Staff is coordinating with the granting agency and will soon seek City Council approval at various steps of the grant award and project delivery process.

The subject ordinance was introduced at the July 16, 2024 City Council meeting.

ANALYSIS
N/A

ENVIRONMENTAL
N/A

DISCUSSION
N/A

SUMMARY/NEXT STEPS
Staff recommends that the City Council adopt Ordinance No. 1144 to effectuate the proposed ordinance to be added to the City’s Municipal Code. The new ordinance relates to the use and restrictions of electric vehicle charging stations.

ATTACHMENTS:

A. Ordinance No. 1144 - EV Charging Station Use Ordinance ORDINANCE NO. 1144
AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS AMENDING CHAPTER 72

OF TITLE VII (TRAFFIC CODE) OF THE SANTA FE SPRINGS MUNICIPAL CODE

RELATING TO ELECTRIC VEHICLE CHARGING STATIONS

THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 72 (Stopping, Standing and Parking) of Title VII (Traffic Code) of the Santa Fe Springs Municipal Code is hereby amended as provided in Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 2. Any provision of the Code of Santa Fe Springs inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or of Chapter 72, or any part thereof. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance 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 passage and adoption of this ordinance and shall cause the same to be published in the same manner required by law.

This ordinance shall become effective thirty (30) days from and after its passage.

PASSED and ADOPTED this ___ day of _______, 2024, by the following vote:

AYES:

NOES:

ABSENT:
___________________________
ATTEST: Jay Sarno, Mayor
_____________________________
Fernando Muñoz, Deputy City Clerk

ATTACHMENT A

EXHIBIT A
Sections 72.60 through 72.64 are hereby added to Chapter 72 of Title VII (Traffic Code) of the Santa Fe Springs Municipal Code as follows:

ELECTRIC VEHICLE CHARGING STATIONS

72.60 PURPOSE.

The electric vehicle parking standards established in this subchapter are intended to promote sustainable and alternative transportation practices; manage the availability of off-street parking, in particular in areas that will maximize the use of electric vehicles; and thereby improve traffic and parking circulation.

72.61 DEFINITIONS.

As used in this subchapter, the following words and phrases shall have the following meanings:
"Electric vehicle" shall mean a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes.
"Electric vehicle charging station" shall mean equipment that has as its primary purpose the transfer of electric energy storage device on an electric vehicle. "kWh" shall mean kilowatt-hour.
"Overstay charge" shall mean the fee imposed on an electrical vehicle that exceeded the maximum legal parking time posted at parking spaces designated as an electric vehicle charging station.

72.62 PARKING OF VEHICLES IN STALLS FOR ELECTRIC CHARGING PURPOSES. (A) Pursuant to California Vehicle Code section 22511, the city hereby designates certain stalls and spaces in city-owned or operated off-street parking lots and facilities to be for the exclusive purpose of parking and charging a vehicle that is connected for electric charging purposes.
(B) The City Traffic Engineer is hereby authorized to post signs in accordance with California Vehicle Code Section 2511(d)(1) at certain stalls and spaces in city-owned or operated off-street parking lots and facilities that require vehicles parked in such stalls and spaces to be connected for electric charging purposes. (C) In accordance with California Vehicle Code Section 22511(c)(1), the city may cause the removal and towing or issue fines for electric charging violations in accordance with the Uniform Parking Bail Schedule for a vehicle parked in a space or stall that is posted for electric charging purposes that is not connected for electric charging purposes.
(D) This section does not interfere with other or existing laws allowing the city to regulate parking in city-owned or operated off-street parking lots and facilities within the city, including the authority to restrict overnight parking and reserve and designate certain electric vehicle stalls for employee-only use; provided such designations comply with signage requirements under California Vehicle Code section 22519.

72.63 ELECTRIC VEHICLE PARKING RESTRICTION.
(A) Where a sign designating a parking space for the exclusive use of charging electric vehicles is posted, no person shall park in that space any non-electric vehicle, electric vehicle that is not connected to the electrical vehicle charging station, electric vehicle that is not charging, or an electric vehicle that has exceeded the maximum legal parking time posted.
(B) Where a sign designating a parking space for the exclusive use of charging electric vehicles belonging to a current employee of the city, no person who is not a current city employee shall park in that designated space, including restrictions as to time of day or day of the week when the charging is exclusively available to employees of the city or city fleet vehicles.
(C) For any violation of any provision of this section, the City Manager or designee is hereby empowered to issue due notices to appear or citations, in the usual form and manner, as provided in the California Vehicle Code.

72.64 ELECTRIC VEHICLE CHARGING STATION PARKING FEES.
(A) Parking rates for parking a vehicle in a designated electric vehicle charging station shall be established and adjusted from time to time to manage the use and occupancy of off-street electric vehicle charging stations in all city-owned or operated parking facilities and areas.
(B) Parking fees and permit fees, if any, designated permit areas, exempted periods, and overstay charges for spaces designated for use of electric vehicle charging stations may also be established and changed, from time to time, by City Council resolution. (C) A current schedule of the electric vehicle charging station parking rates and overstay charges shall be posted on the city's master fee schedule (and as thereafter amended), and available for review at the city clerk's office. (D) For any violation of any provision of this section, the City Manager or designee is empowered to issue due notices to appear or citations, in the usual form and manner, as provided in the California Vehicle Code.

Santa Fe Springs City CouncilAugust 6, 2024

Santa Fe Springs City Council
August 6, 2024