Agenda packet, first session — Santa Fe Springs City Council, September 3, 2024 (part 1 of 2)

Agenda

09.03.2024 AGENDA.PDF
Meeting Materials

09.03.2024 AGENDA PACKET.PDF

1. Documents:

2. Documents:

CITY OF SANTA FE SPRINGS

MEETINGS OF THE HOUSING SUCCESSOR, SUCCESSOR

AGENCY, AND CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 3, 2024
AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670

CITY COUNCIL
Jay Sarno, Mayor
William K. Rounds, Mayor Pro Tem
Juanita Martin, Councilmember
Annette Rodriguez, Councilmember
Joe Angel Zamora, Councilmember

CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Scott E. Porter

CITY STAFF
Assistant City Manager Nicholas Razo
Fire Chief Chad Van Meeteren
Police Chief Aviv Bar
Director of Community Services Maricela Balderas
Director of Finance Lana Dich
Director of Parks & Recreation Gus Hernandez
Director of Community Development Cuong Nguyen
Director of Police Services Dino Torres
Director of Public Works James Enriquez
September 3, 2024: City Council Meeting Page 2 of 8

NOTICES
This City Council Meeting (“Council”) will be held in person and will meet at City Hall – City Council Chambers, 11710 E. Telegraph Road, Santa Fe Springs, California. The meeting will be live streamed on the City’s YouTube Channel and can be accessed on the City’s website via the following link:
https://santafesprings.org/city_council/city_council_meetings/index.php Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

SB 1439: Effective January 1, 2023, City Council Members are subject to SB 1439 and cannot participate in certain decisions for a year after accepting campaign contributions of more than $250 from an interested person. The Council Member would need to disclose the donation and abstain from voting.

Public Comments: The public is encouraged to address City Council on any matter listed on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council on the day of the meeting, please fill out a speaker card provided at the door and submit it to City Clerk staff. You may also submit comments in writing by sending them to the City Clerk's Office at [email protected]. All written comments received by 12:00 p.m. the day of the City Council Meeting will be distributed to the City Council and made a part of the official record of the meeting. Written comments will not be read at the meeting, only the name of the person submitting the comment will be announced. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

Please Note: Staff reports and supplemental attachments are available for inspection at the office of the City Clerk in City Hall, during regular business hours 7:30 a.m. – 5:30 p.m., Monday – Thursday. Telephone: (562) 868-0511.

September 3, 2024: City Council Meeting Page 3 of 8

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the general public may address the City Council on closed session items only.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the City Council.

1. CLOSED SESSION – CITY COUNCIL

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: Assessor’s Parcel Nos. 8008-023-900 and 8008-023-901 Agency negotiator: City Manager
Negotiating parties: Any interested developers of affordable housing Under negotiation: Price and Terms

2. CLOSED SESSION – SUCCESSOR AGENCY

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to Government Code Section 54956.8)
Property: Assessor’s Parcel Nos. 8001-011-918, 8001-011-914, and 8001-011-915 Agency negotiator: City Manager
Negotiating parties: Any interested developers of affordable housing Under negotiation: Price and Terms

CLOSED SESSION REPORT
REGULAR SESSION – BEGINNING AT 6:00 P.M.

INVOCATION

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTATIONS

3. RECOGNITION OF DONORS FOR ANNUAL BACKPACK PROGRAM
(COMMUNITY SERVICES)

4. UPDATE ON SONIC AND DAVE’S HOT CHICKEN/PACIFIC DENTAL PROJECT (COMMUNITY DEVELOPMENT)

CHANGES TO AGENDA
September 3, 2024: City Council Meeting Page 4 of 8

PUBLIC COMMENTS ON NON-AGENDA & NON-PUBLIC HEARING AGENDA ITEMS At this time, the general public may address the City Council on both non-agenda and nonpublic hearing agenda items. Comments relating to public hearing items will be heard during the public hearing. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the City Council.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

HOUSING SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL AGENDA

PUBLIC HEARING

5. ORDINANCE NO. 1150 - AMENDING SECTIONS 155.091 (USES), 155.093 (DEVELOPMENT STANDARDS), 155.175.2 (USES) AND 155.175.4 (DEVELOPMENT STANDARDS) WITHIN TITLE 15 (LAND USE), CHAPTER 155 (ZONING) OF THE SANTA FE SPRINGS MUNICIPAL CODE, AND DETERMINE

THAT THE ACTION IS EXEMPT UNDER CEQA (COMMUNITY DEVELOPMENT) RECOMMENDATION: It is recommended that the City Council:
1) Open the Public Hearing and receive the written and oral staff report and any comments from the public regarding the proposed Ordinance; and 2) Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3); and
3) Waive further reading and introduce Ordinance No. 1150 by title, adopting a Zoning Code Amendment to amend Sections 155.091 (Uses), 155.093 (Development Standards), 155.175.2 (Uses) and 155.175.4 (Development Standards) within Title 15 (Land Use), Chapter 155 (Zoning) of the Santa Fe Springs Municipal Code, and determine that the action is exempt under CEQA; and
4) Take such additional, related action that may be desirable.

OLD BUSINESS – NONE
REGULAR BUSINESS – NONE

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

September 3, 2024: City Council Meeting Page 5 of 8

HOUSING SUCCESSOR

6. MINUTES OF THE AUGUST 6, 2024 HOUSING SUCCESSOR MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.

SUCCESSOR AGENCY

7. MINUTES OF THE AUGUST 6, 2024 SUCCESSOR AGENCY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.

CITY COUNCIL

8. MINUTES OF THE AUGUST 6, 2024 CITY COUNCIL MEETINGS (CITY CLERK) RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.

9. POLICE SERVICES STAGING FACILITY STORM DAMAGE – EMERGENCY

REPAIRS UPDATE (PUBLIC WORKS)
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.

10. NORWALK BOULEVARD – LOS NIETOS ROAD GRADE SEPARATION PROJECT – ADOPTION OF RESOLUTION NO. 9928 (PUBLIC WORKS) RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 9928 approving an application for specified grant funds from the U.S. Department of Transportation’s Federal Railroad Administration Railroad Crossing Elimination Grant Program for the Norwalk Boulevard – Los Nietos Road Grade Separation Project; and
September 3, 2024: City Council Meeting Page 6 of 8
2) Appropriate $330,000 from the Utility Users Tax (UUT) Fund to cover the City’s portion of the local match; and
3) Take such additional, related action that may be desirable.

11. STAGE ROAD AND ISELI ROAD STREET IMPROVEMENTS – AUTHORIZATION

OF CONSTRUCTION (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Construction Plans for the Stage Road and Iseli Road Street Improvement Project; and
2) Appropriate $1,737,800 in Utility User Tax (UUT) Funds for the project; and 3) Take such additional, related action that may be desirable.

12. SECOND READING OF ORDINANCE NO. 1147 – AMENDING CHAPTER 119 (RESERVED) OF TITLE 11 (BUSINESS REGULATIONS) OF THE SANTA FE

SPRINGS MUNICIPAL CODE TO ESTABLISH PROCEDURES RELATED TO

SPECIAL EVENT PERMITS (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Ordinance No. 1147:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS AMENDING CHAPTER 119 (RESERVED) OF TITLE 11
(BUSINESS REGULATIONS) OF THE SANTA FE SPRINGS MUNICIPAL

CODE TO ESTABLISH PROCEDURES RELATED TO SPECIAL EVENT

PERMITS
2) Take such additional, related, action that may be desirable.

13. RESOLUTION NO. 9927 – AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION

FOR FUNDING OF THE TOWN CENTER TELEGRAPH CORRIDOR SPECIFIC

PLAN AND COMMITTING NECESSARY LOCAL MATCHING FUNDS TO

COMPLETE THE STUDY (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution 9927; and
2) Authorize the City Manager to execute agreements with the California Department of Transportation for funding of the Town Center Telegraph Corridor Specific Plan and committing necessary local matching funds to complete the September 3, 2024: City Council Meeting Page 7 of 8
study; and
3) Approve the recognition of $673,000 in grant funds awarded for the Town Center Telegraph Corridor Specific Plan (Project Code: TCTCP) and authorize the deposit of these funds into revenue account 10103199-442000. 4) Establish a corresponding expense allocation of $673,000 in the Community Development – Administration & Current Planning expenditure account (No. 10103199-542050) to support the execution of the project, including consultant procurement, advisory committee participation, community outreach, and other related activities.
5) Take such additional, related action that may be desirable.

14. SECOND READING OF ORDINANCE NO. 1149 RELATING TO CITY COUNCIL

REORGANIZATION (CITY ATTORNEY)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Ordinance No. 1149:

AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADDING SECTION

30.22 TO CHAPTER 30 (CITY COUNCIL) OF TITLE III (ADMINISTRATION) OF

THE SANTA FE SPRINGS MUNICIPAL CODE RELATING TO CITY COUNCIL

REORGANIZATION
2) Take such additional, related, action that may be desirable.

15. THIRD AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER (CITY ATTORNEY)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the “Third Amendment to Employment Agreement Between the City of Santa Fe Springs and René Bobadilla.”

16. PURCHASE OF NEW COMMERCIAL-GRADE MOWER FOR LAKE CENTER

ATHLETIC PARK SPORTS FIELDS (PARKS & RECREATION)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the purchase of a John Deere 2653B PrecisionCut Mower, an edger, and related accessories for the newly renovated Lake Center Athletic Park sports fields; and
September 3, 2024: City Council Meeting Page 8 of 8
2) Approve an appropriation adjustment and authorize a budget transfer from the Equipment Acquisition and Replacement Fund (6090) in the amount of $79,670.50 to cover the purchase cost of the equipment; and 3) Authorize the City Manager to execute the purchase agreement with the selected vendor; and
4) Take such additional, related action that may be desirable.

APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Council member announcements; requests for future agenda items; conference/meetings reports. Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

ADJOURNMENT
I, Fernando N. Muñoz, Deputy City Clerk for the City of Santa Fe Springs hereby certify that a copy of this agenda has been posted no less than 72 hours at the following locations; City’s website at www.santafesprings.org; Santa Fe Springs City Hall, 11710 Telegraph Road; Santa Fe Springs City Library, 11700 Telegraph Road; and the Town Center Plaza (Kiosk), 11740 Telegraph Road.

CITY OF SANTA FE SPRINGS

MEETINGS OF THE HOUSING SUCCESSOR, SUCCESSOR

AGENCY, AND CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 3, 2024
AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670

CITY COUNCIL
Jay Sarno, Mayor
William K. Rounds, Mayor Pro Tem
Juanita Martin, Councilmember
Annette Rodriguez, Councilmember
Joe Angel Zamora, Councilmember

CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Scott E. Porter

September 3, 2024: City Council Meeting Page 3 of 8

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the general public may address the City Council on closed session items only.

1. CLOSED SESSION – CITY COUNCIL

2. CLOSED SESSION – SUCCESSOR AGENCY

CLOSED SESSION REPORT
REGULAR SESSION – BEGINNING AT 6:00 P.M.

INVOCATION

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTATIONS

3. RECOGNITION OF DONORS FOR ANNUAL BACKPACK PROGRAM
(COMMUNITY SERVICES)

4. UPDATE ON SONIC AND DAVE’S HOT CHICKEN/PACIFIC DENTAL PROJECT (COMMUNITY DEVELOPMENT)

CHANGES TO AGENDA
September 3, 2024: City Council Meeting Page 4 of 8

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

HOUSING SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL AGENDA

PUBLIC HEARING

OLD BUSINESS – NONE
REGULAR BUSINESS – NONE

September 3, 2024: City Council Meeting Page 5 of 8

HOUSING SUCCESSOR

6. MINUTES OF THE AUGUST 6, 2024 HOUSING SUCCESSOR MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.

SUCCESSOR AGENCY

7. MINUTES OF THE AUGUST 6, 2024 SUCCESSOR AGENCY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.

CITY COUNCIL

8. MINUTES OF THE AUGUST 6, 2024 CITY COUNCIL MEETINGS (CITY CLERK) RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.

9. POLICE SERVICES STAGING FACILITY STORM DAMAGE – EMERGENCY

11. STAGE ROAD AND ISELI ROAD STREET IMPROVEMENTS – AUTHORIZATION

12. SECOND READING OF ORDINANCE NO. 1147 – AMENDING CHAPTER 119 (RESERVED) OF TITLE 11 (BUSINESS REGULATIONS) OF THE SANTA FE

SPRINGS MUNICIPAL CODE TO ESTABLISH PROCEDURES RELATED TO

SPECIAL EVENT PERMITS (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Ordinance No. 1147:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS AMENDING CHAPTER 119 (RESERVED) OF TITLE 11
(BUSINESS REGULATIONS) OF THE SANTA FE SPRINGS MUNICIPAL

CODE TO ESTABLISH PROCEDURES RELATED TO SPECIAL EVENT

PERMITS
2) Take such additional, related, action that may be desirable.

13. RESOLUTION NO. 9927 – AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION

FOR FUNDING OF THE TOWN CENTER TELEGRAPH CORRIDOR SPECIFIC

PLAN AND COMMITTING NECESSARY LOCAL MATCHING FUNDS TO

14. SECOND READING OF ORDINANCE NO. 1149 RELATING TO CITY COUNCIL

REORGANIZATION (CITY ATTORNEY)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Ordinance No. 1149:

AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADDING SECTION

30.22 TO CHAPTER 30 (CITY COUNCIL) OF TITLE III (ADMINISTRATION) OF

THE SANTA FE SPRINGS MUNICIPAL CODE RELATING TO CITY COUNCIL

REORGANIZATION
2) Take such additional, related, action that may be desirable.

16. PURCHASE OF NEW COMMERCIAL-GRADE MOWER FOR LAKE CENTER

ITEM # 5

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: ORDINANCE NO. 1150 - AMENDING SECTIONS 155.091 (USES), 155.093 (DEVELOPMENT STANDARDS), 155.175.2 (USES) AND
155.175.4 (DEVELOPMENT STANDARDS) WITHIN TITLE 15 (LAND USE), CHAPTER 155 (ZONING) OF THE SANTA FE SPRINGS

MUNICIPAL CODE, AND DETERMINE THAT THE ACTION IS EXEMPT

UNDER CEQA
DATE: September 3, 2024

RECOMMENDATION(S)
It is recommended that the City Council:
1) Open the Public Hearing and receive the written and oral staff report and any comments from the public regarding the proposed Ordinance; and 2) Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3); and
3) Waive further reading and introduce Ordinance No. 1150 by title, adopting a Zoning Code Amendment to amend Sections 155.091 (Uses), 155.093 (Development Standards), 155.175.2 (Uses) and 155.175.4 (Development Standards) within Title 15 (Land Use), Chapter 155 (Zoning) of the Santa Fe Springs Municipal Code, and determine that the action is exempt under CEQA; and
4) Take such additional, related action that may be desirable.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Ordinance No. 1150 – Multiple-Family and Mixed Use

Page 2 of 4 ends

FISCAL IMPACT
N/A

PLANNING COMMISSION PUBLIC HEARING AND RECOMMENDATION
On August 12, 2024, the Planning Commission conducted a duly noticed public hearing to review and consider the proposed Zoning Code Amendment (ZCA) regarding the Multiple-Family and Mixed Use Zone Districts. Following a thorough evaluation of written and oral reports, and public discussions during the meeting, the Commissioners voted unanimously to adopt Resolution No. 270-2024. This resolution recommends that the City Council approve and adopt an ordinance to effectuate the proposed amendments to the text of the City’s Municipal Code and determine that the proposed ZCA is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). It is worth noting that no comments were received from the community or interested parties regarding the ZCA.

BACKGROUND
Public Notification
This matter was set for Public Hearing in accordance with the requirements of Sections 65090 and 65091 of the State Planning, Zoning, and Development Laws and the requirements of Sections 155.860 through 155.864 of the City’s Municipal Code.

The legal notice was published in a newspaper of general circulation (Los Cerritos News) on August 23, 2024, as required by the State Zoning and Development Laws. As of the date of this report, staff has not received any further inquiries regarding the proposed project.

Zoning Code Amendment
On February 8, 2022, the City Council adopted the 2040 General Plan, which was the City’s first comprehensive general plan update in over 25 years. The 2040 General Plan created new land use designations such as mixed-use and high-density residential.

Following the completion of the General Plan update, the General Plan team completed a targeted Zoning Code update to ensure consistency between the newly updated General Plan and the Zoning Code, which was adopted on August 15, 2023. Key components of the targeted Zoning Code update included:
 Establishment of standards for the three new Mixed-Use Zone Districts (MU, MU-TOD, and MU-DT);
 Establishment of standards for the new Multiple-Family/High Density Residential Zone District (R-4);
 Modification of existing standards for the Multiple-Family/Medium Density Residential Zone District (R-3), allowing for a maximum of 25 dwelling units CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Ordinance No. 1150 – Multiple-Family and Mixed Use

Page 3 of 4 ends

per acre;
 Incorporation of Objective Development Standards into the newly established zones;
 Assessment and revision of multiple-family parking standards and policies to accurately reflect the parking needs of different types of affordable housing, transit-oriented projects, and downtown developments;  Ensuring compliance with AB 2162 (Supportive Housing Streamlining Act) and AB 101 (Low-Barrier Navigation Centers); and
 Updating the Zoning Map to ensure consistency with the General Plan land use map.

Many of the targeted Zoning Code updates satisfied portions of Program 11 (Zoning Code Revisions) of the City of Santa Fe Springs 2021-2029 Housing Element. After subsequent review by the California Department of Housing and Community Development (HCD), it was determined that additional minor revisions were needed to completely satisfy Program 11, specifically revisions pertaining to compliance with California Government Code §65583.2 (h) and (i).

Staff recommends the proposed Zoning Code Amendment (Attachment A, Exhibit A) to add the following text to Sections 155.091 (Uses), 155.093 (Development Standards), 155.175.2 (Uses) and 155.175.4 (Development Standards):

For projects on properties identified in the Housing Element as Lower Income Regional Housing Needs Assessment sites, those projects must comply with California Government Code §65583.2 (h) and (i).1
Notes:

ANALYSIS
The proposed Zoning Code Amendment is consistent with the following Santa Fe Springs General Plan Goals:
 Goal H-2: A range of available housing types, densities, and affordability levels to meet the diverse needs of the community, including a balance between ownership and rental units.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Ordinance No. 1150 – Multiple-Family and Mixed Use

Page 4 of 4 ends

 Goal H-3: A housing supply to meet the needs of extremely low-, very low-, low-, and moderate-income households.
 Goal H-5: Minimal non-governmental and governmental obstacles to the production of housing for all income groups.

The proposed Zoning Code Amendment will add notes to the uses tables for the MultipleFamily (R-3 and R-4) and Mixed-Use (MU, MU-DT, and MU-TOD) zones. These amendments will satisfy HCD’s remaining comments pertaining to Program 11 of the Santa Fe Springs 2021-2029 Housing Element.

ENVIRONMENTAL
The Zoning Code Amendment is exempt from CEQA pursuant to the common sense CEQA exemption (CEQA Guidelines Section 15061(b)(3)) which provides that CEQA applies only to projects which have the potential to have a “significant effect on the environment,” as defined in Public Resources Code Section 21068 and in CEQA Guidelines Section 15382. The amendments to the zoning code will not have a significant effect on the environment.

ATTACHMENT(S)
A. Attachment A – Ordinance No. 1150
a. Exhibit A: Amendments to Sections 155.091, 155.093, 155.175.2 and 155.175.4 of Chapter 155 (Zoning) of Title 15 (Land Use) of the Municipal Code of Santa Fe Springs
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

ORDINANCE NO. 1150

AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS AMENDING
SECTIONS 155.091 (USES), 155.093 (DEVELOPMENT STANDARDS), 155.175.2 (USES) AND 155.175.4 (DEVELOPMENT STANDARDS) WITHIN TITLE 15 (LAND USE), CHAPTER 155 (ZONING) OF THE SANTA FE

SPRINGS MUNICIPAL CODE AND A DETERMINATION THAT THE
ACTION IS EXEMPT UNDER CEQA.

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

SECTION 1. 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 CEQA Guidelines Section 15382 as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project. The amendments to the municipal code will not have a significant effect on the environment.

SECTION 2. Findings:

1. On August 12, 2024, the Planning Commission of the City of Santa Fe Springs adopted Resolution 270-2024 recommending that the City Council adopt proposed Ordinance No. 1150 to amend Sections 155.091, 155.093, 155.175.2, and 155.175.4 within Title 15 (Land Use), Chapter 155 (Zoning), of the Santa Fe Springs Municipal Code.

2. On September 3, 2024, the City Council of the City of Santa Fe Springs considered this Ordinance, the staff report, and all testimony, written and spoken, at a duly noticed public hearing.

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

4. This Ordinance is consistent with the following Santa Fe Springs General Plan Goals and Policies:
a. Goal H-2: A range of available housing types, densities, and affordability levels to meet the diverse needs of the community, including a balance between ownership and rental units.
b. Goal H-3: A housing supply to meet the needs of extremely low-, very low, low-, and moderate-income households.
c. Goal H-5: Minimal non-governmental and governmental obstacles to the production of housing for all income groups.

5. This Ordinance meets the requirements as contained in Planning and Zoning Law (Government Code sections 65800-65912).

6. This Ordinance has been prepared and will be adopted in accordance with the requirements of Planning and Zoning Law (Government Code sections 65853- 65860).

SECTION 3. Amendments:

Chapter 155 (Zoning) 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 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 155, 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 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 17th day of September 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jay Sarno, Mayor
ATTEST:
___________________________
Fernando N. Muñoz, CMC, Deputy City Clerk
Exhibit A – Amendments to Sections 155.091, 155.093, 155.175.2 and 155.175.4 of Chapter 155 (Zoning) of Title 15 (Land Use) of the Santa Fe Springs Municipal Code Exhibit A – Zoning Code Amendment
Amendments to Sections 155.091, 155.093, 155.175.2 and 155.175.4 of Chapter 155 (Zoning) of Title 15 (Land Use) of the
Santa Fe Springs Municipal Code
Key:

Normal Text = Existing unmodified Code language
Strikethrough Text = Language to be removed from existing Code Underline Text = Language to be added to Code
Code of Ordinances of the City of Santa Fe Springs Chapter 155, Section 155.091 USES is hereby amended as follows:
§ 155.091 USES.

Principally permitted uses and conditional uses are shown in Table 1. Where a “P” is indicated, the use is a principal permitted use in the zone. Where a “CUP” is indicated, the use is permitted in the zone only after a valid conditional use permit has first been issued.

Where an “AUP” is indicated, the use requires an administrative use permit from the Director of Planning and Development. Where an “X” is indicated, the use is not allowed.

TABLE 1: MULTIPLE-FAMILY RESIDENTIAL ALLOWED USES AND PERMIT REQUIREMENTS P: Permitted Use CUP: Conditional Use Permit
X: Use Not Allowed AUP: Administrative Use Permit
Use
Land Use Regulation Specific Use Regulations
R-3 R-4

RESIDENTIAL USES
Single-Unit Dwelling X X
Multi-Unit Dwellings P P
For projects on properties
identified in the Housing
Element as Lower Income
Regional Housing Needs
Assessment sites, those
projects must comply with
California Government Code
§65583.2 (h) and (i).1
Two-Unit Dwellings, Duplexes,
and Triplexes P P
Accessory Dwelling Unit. P P
Permitted only as accessory use
Subject to the regulations in
§155.644
Accessory Uses P P See § 155.092
Boarding House and Single
Room Occupancy (SRO) CUP CUP
Employee Housing, Large P P
Employee Housing, Small P P Six or fewer occupants
Manufactured (Mobile) Homes P P Requires permanent foundation Mobile Home Park P P
Supportive Housing P P
Subject to only those
restrictions and processing
requirements that apply to
other residential dwellings of
the same type in this district
Transitional Housing P P
Subject to only those
restrictions and processing
requirements that apply to
other residential dwellings of
the same type in this district

CARE SERVICES AND FACILITIES
Residential Care, Assisted Living CUP CUP
Community Care Facilities, Large CUP CUP
Community Care Facilities, Small P P Six or fewer occupants Emergency Shelter, Permanent X X
Emergency Shelter, Temporary
Low Barrier Navigation Centers X X
Family Day Care Home, Large AUP AUP
Subject to Approval by Director
of Planning and Development
See Section 155.625; Day
Care; Large Family
Family Day Care Home, Small P P

RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
Clubs, lodges and similar
organizations, except those
operated for profit
CUP CUP See § 155.622 Clubs, Lodges
and Similar Organizations
Community Gardens P P
Cultural Institutions CUP CUP May not include storage yards, warehouses, or similar facilities
Recreation, Public P P
Recreation, Private CUP CUP
Quasi-Public Facilities CUP CUP May not include storage yards, warehouses, or similar facilities
Public Facilities P P
Religious Assembly Facilities CUP CUP
Schools, K-12 – Private CUP CUP
Schools, K-12 – Public P P
Business or Professional Schools CUP CUP
Colleges and Universities – Public
and Private CUP CUP

RETAIL, COMMERCIAL SERVICE, AND OFFICE
Office, Business, and Professional
(non-medical and Dental Offices) CUP CUP

OTHER USES
Temporary Uses/Activities
Subject to the approval of the
Director of Planning and
Development
See Section 155.643 Sales
Promotional Uses; Temporary.

Electrical Distribution Substations CUP CUP May not include storage yards, warehouses, or similar facilities
Utility Facilities
Facilities with On-site Staff CUP CUP
Facilities with No On-site Staff CUP CUP
Wireless Telecommunication
Facilities, Satellite Dish Antenna
Subject to Chapter 157 (Wireless Telecommunications Facilities) and as otherwise regulated by this Chapter
Notes:

1. For housing element sites, please see General Plan Housing Element Tables H-33 and H-34 at www.santafesprings.org. Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20% affordability to lowerincome households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7. &part=&chapter=3.&article=10.6
Code of Ordinances of the City of Santa Fe Springs Chapter 155, Section 155.093 DEVELOPMENT STANDARDS is hereby amended as follows:
§ 155.093 DEVELOPMENT STANDARDS.

The property development standards that follow shall apply to all lots in the multiple-family residential zones. The property development standards in §§ 155.445 through 155.463 shall also apply.

Table 2: Multiple-Family Residential Zones Development Standards Standards
Land Use Regulation
R-3 R-4 Comments
Minimum lot area 7,500 sf 20,000 sf
Small-lot subdivisions in
R-3 zones may use PD
process to create smaller
lots
Minimum lot width 60 ft None
Minimum lot depth 125 ft None
Minimum dwelling size 500 sf per unit --
Excludes garages and
porch areas.

Maximum lot coverage 60% --
Open Space 200 sf/unit 150 sf/unit See § 155.101
Storage 150 cu ft/unit 150 cu ft/unit
Minimum setback
- Front
- Rear
- Interior Side
- Corner/Street Side
Minimum setbacks for structures
abutting a Single-Family
Residential (R-1) zone
- Rear
- Interior Side
15 ft
5 ft
5 ft
10 ft
20 ft
15 ft
15 ft
5 ft
5 ft
10 ft
20 ft
15 ft

1. Additional 5 ft setback
required for each
additional 10 ft of
building height above
height limitation

2. When used for
driveway access to
serve parking facilities,
a side yard shall be not
less than 10 feet.

Maximum building height (base) 4 stories;
40 ft
4 stories;
55 ft
Increased height allowed
with additional setbacks
noted above
Maximum building height within 25 feet of a
lot line abutting a residential zone (required
step-down)
30 ft 30 ft
Minimum distance between buildings
containing dwelling units 20 ft 20 ft
The minimum distance
between buildings set
forth in this subchapter
shall be increased by five
feet for each 10 feet, or
fraction thereof, above
the building height
limitation of 40 feet.

Maximum density1
25 du/ac 40 du/ac
See also residential density bonus in §155.625.1
Notes:

1. For housing element sites, please see General Plan Housing Element Tables H-33 and H-34 at www.santafesprings.org. Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20% affordability to lowerincome households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title =7.&part=&chapter=3.&article=10.6
Code of Ordinances of the City of Santa Fe Springs Chapter 155, Section 155.175.2 USES is hereby amended as follows:
§ 155.175.2 USES
Table 1: Mixed Use Allowed Uses and Permit Requirements P: Permitted Use CUP: Conditional Use Permit
X: Use Not Allowed AUP: Administrative Use Permit
Uses Land Use Regulation Specific Use Regulations

MU-DT MU MU- TOD

RESIDENTIAL USES
Single Unit Dwelling X X X
Multi-Unit Dwellings P P P
For projects on properties identified in
the Housing Element as Lower Income
Regional Housing Needs Assessment
sites, those projects must comply with
California Government Code §65583.2
(h) and (i).1
Accessory Dwelling Unit P P P Subject to the regulations in § 155.644 Boarding House and Single
Room Occupancy (SRO) CUP CUP CUP
Employee Housing, Large P P P
Employee Housing, Small P P P
Live/Work Unit P P P
Supportive Housing P P P
Transitional Housing P P P

CARE SERVICES AND FACILITIES
Community Care Facilities,
Large CUP CUP CUP
Community Care Facilities,
Small P P P
Emergency Shelter, Permanent X P X Emergency shelter facilities are subject to § 155.629.1
Emergency Shelter,
Temporary Low Barrier
Navigation Centers
P P P
Family Day Care Home, Large AUP AUP AUP
Subject to Approval by Director of
Planning and Development
See Section 155.625; Day Care; Large
Family Allowed in stand-alone residential
uses only.

Family Day Care Home, Small P P P Allowed in stand-alone residential uses only.

Hospitals and Clinic/Urgent
Care: Clinic/Urgent Care P/CUP P/CUP P/CUP CUP required for: blood/plasma donation centers; new clinic/urgent care
establishments with more than 10,000
Hospital X CUP X SF of floor area; and hospitals.

RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
Commercial Recreation
Facilities (Indoor facilities only) CUP CUP CUP
Amusement arcades are subject to §
155.614; Bingo parlors and game rooms
are subject to § 155.617; Clubs, lodges
and similar organizations are subject to §
155.622.

Community Gardens P P P
Cultural Institutions P P P
Entertainment Venue (Indoor
facilities only) P / CUP P / CUP P / CUP
CUP is required for new establishments
with more than 10,000 SF of floor area or
establishments with Live Entertainment
(Incidental or Standalone). Adult uses
are subject to §155.602.

Gymnasium and Fitness
Centers (Large) P / CUP P / CUP P / CUP CUP required for new establishments with more than 10,000 SF of floor area.

Gymnasium and Fitness
Centers (Small) P P P
Parks and Public Plazas P P P
Religious Assembly Facilities P P P
Schools, K-12 – Private CUP CUP CUP
Schools, K-12 – Public P P P
Technical Trade, Business or
Professional Schools CUP CUP CUP
Colleges and Universities –
Public and Private CUP CUP CUP

EATING ESTABLISHMENTS
Breweries, Wineries, or
Distilleries, CUP CUP CUP Subject to § 155.628 Sale or service of alcoholic beverages.

Cigar Lounges and Bars P / CUP P / CUP P / CUP
Lounges serving alcoholic beverages are
subject to § 155.723 Conditional use
permits for entertainment and other uses
and § 155.628 Sale or service of
alcoholic beverages.

Cocktail Lounges and Bars CUP CUP CUP
Subject to § 155.723 Conditional use
permits for entertainment and other uses
and §155.628 Sale or service of alcoholic
beverages.

Restaurants
Where the Outdoor Dining area
is more than 50% of the overall
seating area

CUP CUP CUP
Serving Alcoholic Beverages CUP CUP CUP
Restaurants serving alcoholic beverages
are subject to § 155.628 Sale or service
of alcoholic beverages.

With Drive-in or Drive-through
Facilities CUP CUP CUP
All Other Restaurants P P P

RETAIL, COMMERCIAL SERVICE, AND OFFICE
Automated Teller Machines
(ATMs) – Drive-through CUP CUP CUP
Automated Teller Machines
(ATMs) – Standalone P P P
Business Support Services P P P
Check Cashing Business and/or
Pawn Shop X CUP X
Financial Institutions and
Related Services P P P
Hotel and/or Motel CUP CUP CUP
Office, Business, and
Professional (non-medical and
dental offices)
P P P
Office, Medical or Dental P/ CUP P P/CUP
CUP required for medical or dental office
developments with more than 10,000 SF
of floor area
Personal Services, General P P P
Personal Services, Restricted CUP CUP CUP
Retail, General P/CUP P/CUP P/CUP
CUP required for new retail
establishments with more than 20,000
SF of floor area or more than 2,000 SF of
outdoor sales
Retail, Restricted CUP CUP CUP
Veterinary Clinic and/or Animal
Grooming (Indoor Only) P P P Outdoor kennels or dog runs are not permitted.

AUTOMOBILE-ORIENTED USES
Automobile Sales and Rental X X X
Automobile Washing/Detailing X X X
Automobile Service, Major X X X
Automobile Service, Minor X X X
Drive-in/Drive-through
Establishments CUP CUP CUP
Service/Fueling
Station, Automobile X X X

LIGHT INDUSTRIAL
Laboratory – Medical, Analytical,
Research, Testing (Existing
uses only)
CUP CUP X Expansion of existing uses is subject to
CUP; new uses are prohibited
Manufacturing – Light
(Existing uses only) CUP CUP X Expansion of existing uses is subject to CUP; new uses are prohibited Research and Development
(Existing uses only) CUP CUP X Expansion of existing uses is subject to CUP; new uses are prohibited

OTHER USES
Transit Stations CUP CUP P
Utility Facilities
Facilities with On-site Staff CUP CUP CUP
Facilities with No On-site Staff P P P
Wireless Telecommunication
Facilities, Satellite Dish Antenna
Subject to Chapter 157 (Wireless Telecommunications Facilities) and as otherwise regulated by this Section
Notes:

1. For housing element sites, please see General Plan Housing Element Tables H-33 and H-34 at www.santafesprings.org. Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20% affordability to lowerincome households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title =7.&part=&chapter=3.&article=10.6
Code of Ordinances of the City of Santa Fe Springs Chapter 155, Section 155.175.4 DEVELOPMENT STANDARDS is hereby amended as follows:
§ 155.175.4 DEVELOPMENT STANDARDS.

Table 2: Mixed-use zones Development Standards
Standards Land Use Regulation

MU-DT MU MU- TOD
Minimum lot area 20,000 sf 20,000 sf 20,000 sf
Minimum lot width None None None
Minimum lot depth None None None
Maximum FAR 3.0 3.0 4.0
Minimum landscape area 10 SF per linear foot of frontage plus 5% of the total parking areas
Open Space (residential only) 200 sf/unit 200 sf/unit 150 sf/unit Storage (residential only) 150 cu ft/unit 150 cu ft/unit 150 cu ft/unit Minimum setback 10 ft. See also § 155.175.5
Maximum building height (base) 6 stories;
80 ft
4 stories;
60 ft
6 stories;
80 ft
Maximum building height within 25 feet of
a lot line abutting a residential zone
(required step-down)
See § 155.175.7 Stepbacks
Maximum density1
40 du/ac 40 du/ac 60 du/ac
See also residential density bonus in §155.625.1
Notes:

1. For housing element sites, please see General Plan Housing Element Tables H-33 and H-34 at www.santafesprings.org. Government Code Section 65583.2, subdivisions (h) and (i) generally include, but are not limited to, permitting housing developments with 20% affordability to lowerincome households without discretionary action at minimum densities of 20 units per acre and meeting residential only performance standards. For more information, please see https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title =7.&part=&chapter=3.&article=10.6
FOR ITEM NO. 6, PLEASE SEE ITEM NO. 8
FOR ITEM NO. 7, PLEASE SEE ITEM NO. 8
ITEM # 8

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Fernando N. Muñoz, CMC, Acting City Clerk
SUBJECT: MINUTES OF THE AUGUST 6, 2024 CITY COUNCIL MEETINGS DATE: September 3, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Approve the minutes as submitted.

FISCAL IMPACT
N/A

BACKGROUND
Staff has prepared minutes for the following meeting:
 Council Meeting of August 6, 2024.

ANALYSIS
N/A

ENVIRONMENTAL
N/A

DISCUSSION
N/A

SUMMARY/NEXT STEPS
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Minutes of the Budget Workshop Special City Council Meetings Page 2 of 2 N/A
ATTACHMENT(S):

A. August 6, 2024 Meeting Minutes
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

APPROVED:

MINUTES OF THE MEETINGS OF THE

CITY COUNCIL
August 6, 2024

CALL TO ORDER
Mayor Sarno called the meeting to order at 6:02 p.m.

ROLL CALL
Members present: Councilmembers/Directors: Martin, Rodriguez, Zamora, Mayor Pro Tem/Vice Chair Rounds, and Mayor/Chair Sarno.

Members absent: None

INVOCATION
Councilmember Zamora led the invocation.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Rounds led the pledge of allegiance.

INTRODUCTIONS
Mayor Sarno introduced the following members from the Chamber of Commerce:

1. Representatives from Little Lake City School District

2. Kathie Fink from Santa Fe Springs Chamber of Commerce

PRESENTATIONS

1. APPRECIATION AWARD FROM LITTLE LAKE CITY SCHOOL DISTRICT PRESIDENT

GINA RAMIREZ

2. MOTHERS AGAINST DRUNK DRIVING (MADD) DUI AWARD – WHITTIER POLICE

OFFICER AUSTIN CASTRO (POLICE SERVICES)

3. CALIFORNIA STATE LIBRARY PREEXCELLENCE AWARD FOR “ARTFUL PR:

JOVENES CREADORES UNLEASH TEEN TALENT AT SFS ART FEST”
(COMMUNITY SERVICES)

CHANGES TO AGENDA
There were no changes.

PUBLIC COMMENTS
The following people spoke during public comments: Lee Squire.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None
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HOUSING SUCCESSOR, SUCCESSOR AGENCY, AND CITY COUNCIL AGENDA

PUBLIC HEARING

4. ORDINANCE NO. 1143 – AMENDING SECTIONS 155.865 (APPEAL AND EFFECTIVE DATE) AND 155.866 (CITY COUNCIL TO HEAR APPEAL) WITHIN TITLE 15 (LAND USE), CHAPTER 155 (ZONING), OF THE SANTA FE SPRINGS MUNICIPAL CODE

AND DETERMINE THAT THE ACTION IS EXEMPT UNDER CEQA
(COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Open the Public Hearing and receive the written and oral staff report and any comments from the public regarding the proposed Ordinance; and 2) Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and 3) Waive further reading and introduce Ordinance No. 1143 by title, amending Sections 155.865 (Appeal and Effective Date) and 155.866 (City Council to Hear Appeal) within Title 15 (Land Use), Chapter 155 (Zoning), of the Santa Fe Springs Municipal Code; and
4) Take such additional, related, action that may be desirable.

Mayor Sarno opened the public hearing at: 6:26 p.m.

There was no one wishing to speak.

Mayor Sarno closed the public hearing at: 6:26 p.m.

It was moved by Councilmember Zamora, seconded by Mayor Pro Tem Rounds, to find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), waive further reading and introduce Ordinance No. 1143 by title, amending Sections 155.865 (Appeal and Effective Date) and 155.866 (City Council to Hear Appeal) within Title 15 (Land Use), Chapter 155 (Zoning), of the Santa Fe Springs Municipal Code, and take such additional, related, action that may be desirable, by the following vote:

Ayes: Martin, Rodriguez, Zamora, Rounds, Sarno
Noes: None

Absent: None
Recuse: None

5. ORDINANCE NO. 1145 – AMENDING SECTIONS 155.062, 155.380, 155.450, 155.456, 155.460, 155.461, 155.535, AND 155.637, AND REPLACE SECTIONS 155.385 THROUGH 155.404 (NONCONFORMING USES) WITHIN TITLE 15 (LAND USE), CHAPTER 155 (ZONING), OF THE SANTA FE SPRINGS MUNICIPAL CODE, AND TO AMEND SECTION 157.03 WITHIN TITLE 15 (LAND USE), CHAPTER 157 (WIRELESS

TELECOMMUNICATIONS FACILITIES), OF THE SANTA FE SPRINGS MUNICIPAL

CODE, AND DETERMINE THAT THE ACTION IS EXEMPT UNDER CEQA (COMMUNITY DEVELOPMENT)
Minutes of the August 6, 2024 Housing Successor, Successor Agency, and City Council Meetings

Page 3 ends

RECOMMENDATION: It is recommended that the City Council:
1) Open the Public Hearing and receive the written and oral staff report and any comments from the public regarding the proposed Ordinance; and 2) Find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3); and 3) Waive further reading and introduce Ordinance No. 1145 by title, adopting a Zone Text Amendment to amend Sections 155.062, 155.380, 155.450, 155.456, 155.460, 155.461, 155.535, and 155.637, and replace sections 155.385 through 155.404 (Nonconforming Uses) within Title 15 (Land Use), Chapter 155 (Zoning), and to amend Section 157.03 within Title 15 (Land Use), Chapter 157 (Wireless Telecommunications Facilities), of the Santa Fe Springs Municipal Code; and 4) Take such additional, related action that may be desirable.

Mayor Sarno opened the public hearing at: 6:29 p.m.

There was no one wishing to speak.

Mayor Sarno closed the public hearing at: 6:29 p.m.

It was moved by Councilmember Rodriguez, seconded by Councilmember Martin, to find and determine that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3), waive further reading and introduce Ordinance No. 1145 by title, adopting a Zone Text Amendment to amend Sections 155.062, 155.380, 155.450, 155.456, 155.460, 155.461, 155.535, and 155.637, and replace sections 155.385 through 155.404 (Nonconforming Uses) within Title 15 (Land Use), Chapter 155 (Zoning), and to amend Section 157.03 within Title 15 (Land Use), Chapter 157 (Wireless Telecommunications Facilities), of the Santa Fe Springs Municipal Code, and take such additional, related action that may be desirable, by the following vote:

Ayes: Martin, Rodriguez, Zamora, Rounds, Sarno
Noes: None

Absent: None
Recuse: None

Such approval will also waive the reading of any ordinance.

CITY COUNCIL

6. SANTA FE SPRINGS CITY LIBRARY’S PARTICIPATION IN THE CORPORATION

FOR EDUCATION NETWORK INITIATIVES IN CALIFORNIA CONSORTIUM FOR FY 2025-26 THROUGH FY 2029-30 (COMMUNITY SERVICES)
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RECOMMENDATION: It is recommended that the City Council:
1) Approve and authorize the Director of Community Services to execute the Letter of Agency, confirming the Santa Fe Springs City Library’s (Library) participation in the Corporation for Education Network Initiatives (CENIC) Consortium for FY 2025-2026 through FY 2029-2030; and
2) Authorize the Director of Community Services to administer the CENIC program.

7. ART IN PUBLIC PLACES FY 2024-25 ART EDUCATION GRANT PROGRAM

AWARDS (COMMUNITY SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the FY 2024-25 award distribution of $69,992.50, as recommended by the Heritage Arts Advisory Committee (HAAC), to fund the Art Education Grant Program recipients.
2) Take such additional, related, action that may be desirable.

8. AGREEMENT WITH ATQOR FOR IT CONSULTANT, SUPPORT SERVICES AND

SOFTWARE DEVELOPMENT (FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Incorporate this project as a Capital Improvement Program (CIP) within the current Fiscal Year (FY) 2024-25 CIP Program; and
2) Authorize the City Manager to execute an amendment to the agreement with AtQor for general Information Technology (IT) support and consultant services for FY 2024- 25 through 2025-26; and
3) Award AtQor authorization to create a Water Utility Billing solution based upon the specifications of the City’s Request for Proposals (FRP) for Utility Billing Software and implementation Services; and
4) Authorize the City Manager to execute three (3), optional one (1) year amendments for FY 2026-27 through FY 2028-29 at the City Manager’s discretion.

9. APPROVE PROFESSIONAL SERVICE AGREEMENT WITH IBE DIGITAL FOR

SUPPLEMENTAL INFORMATION TECHNOLOGY SUPPORT SERVICES (FINANCE) RECOMMENDATION: It is recommended that the City Council:
1) Authorize the City Manager to execute a City-Wide Information Technology (IT) staff augmentation services agreement with IBE Digital on a month-to-month basis; and 2) Authorize issuing a Request for Qualification/Proposals (RFP) to identify consultant to provide IT support services.

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11. TREASURER’S REPORT OF INVESTMENTS FOR THE QUARTER ENDED JUNE 30, 2024 (FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file the report.

12. DEPARTMENT OF FIRE-RESCUE PURCHASING CONTRACT INCREASE – SOCAL AUTO & TRUCK PARTS INC. (FIRE)
RECOMMENDATION: It is recommended that the City Council:
1) Approve a purchasing contract increase with SoCal Auto & Truck Parts Inc. for $150,000; and
2) Take such additional, related action that may be desirable.

13. 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 (COMMUNITY DEVELOPMENT)
RECOMMENDATION: 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.

14. POLICE SERVICES STAGING FACILITY STORM DAMAGE – EMERGENCY

Minutes of the August 6, 2024 Housing Successor, Successor Agency, and City Council Meetings

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15. RESOLUTION NO. 9925 – AMENDING RESOLUTION NO. 9906, FULL STREET

VACATION OF KOONTZ AVENUE SOUTH OF FLORENCE AVENUE, RESERVING

EXISTING UTILITIES (PUBLIC WORKS)
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.

16. AMENDMENT NO. 2 TO THE LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC.
(PUBLIC WORKS)
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.

17. 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 (PUBLIC WORKS)
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.

Mayor Sarno requested to pull Item No. 10 and for the item to be brought back at a subsequent meeting.

It was moved by Councilmember Martin, seconded by Mayor Pro Tem Rounds, to approve the consent calendar without Item No. 10, by the following vote:

Ayes: Martin, Rodriguez, Zamora, Rounds, Sarno
Noes: None

Absent: None
Recuse: None
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APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
Mayor Pro Tem Rounds appointed Jeannette Lizarraga to the Parks and Recreation Advisory Committee.

Mayor Sarno appointed Audrie Perez to the Youth Leadership Committee.

COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Councilmember Martin commended the Whittier Police Department and thanked staff.

Councilmember Rodriguez thanked staff who worked on the aquatic center reopening. She also thanked management for moving the city in the right direction.

Councilmember Zamora echoed the sentiments of Council, and also talked about meeting with CalTrans with neighboring cities to discuss the maintenance of certain properties and future expansion projects. He commended Jovenes Creadores, and thanked staff.

Mayor Pro Tem Rounds thanked staff and all departments for playing a part in the success of the city. He talked about the reopening of the aquatic center. Lastly, he talked about the Summer Concert Series in coordination with National Night Out.

Mayor Sarno thanked staff and expressed his enjoyment at serving on Council.

ADJOURNMENT
Mayor Sarno adjourned the meeting to August 22, 2024 at 6:43 p.m. _____________________
Jay Sarno
Mayor
ATTEST:
_____________________
Fernando N. Muñoz Date
Deputy City Clerk
ITEM # 9

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: September 3, 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 and invoices 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)
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Police Services Staging Facility Storm Damage – Emergency Repairs Update

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 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)
 Plumbing Repairs: $6,538 invoice from Olson Superior Plumbing for sewer mainline repairs
 Gymnasium Floor Mats: $3,310 invoice from ETE Fitness Equipment for replacement of the rubber floor mats in the gymnasium
 Railroad Flagging Services: $17,010 invoice from Railpros for flagging services as required by the BNSF Right of Entry permit.

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) CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Police Services Staging Facility Storm Damage – Emergency Repairs Update

Page 3 of 4 ends

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 has scheduled the start of the exterior waterproofing work with BNSF on September 9 and will take two weeks to complete, but will not affect the occupancy of the building.

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 completed at the end of July. The building was made 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.

Interior repairs were completed by the end of July, with the exception of the exterior waterproofing which does not affect the occupancy of the building. Whittier PD was 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.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Police Services Staging Facility Storm Damage – Emergency Repairs Update

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ITEM STATUS:

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

None.

ITEM # 10

CITY OF SANTA FE SPRINGS

It is recommended that the City Council:
1) Adopt Resolution No. 9928 approving an application for specified grant funds from the U.S. Department of Transportation’s Federal Railroad Administration Railroad Crossing Elimination Grant Program for the Norwalk Boulevard – Los Nietos Road Grade Separation Project; and
2) Appropriate $330,000 from the Utility Users Tax (UUT) Fund to cover the City’s portion of the local match; and
3) Take such additional, related action that may be desirable.

FISCAL IMPACT
The estimated cost for the project is $3,300,000. The grant application is requesting the maximum grant amount of $2,640,000 (80% of the project cost). The program requires a 20% local match in the amount of $660,000. BNSF Railway has committed to fund 50% of the local match. Therefore, the City will be required to commit a local match of $330,000. It is recommended that the City Council appropriate $330,000 from the Utility Users Tax (UUT) Fund to cover the City’s portion of the local match

BACKGROUND
The existing at-grade railroad crossings for the BNSF railroad corridor near the intersection of Norwalk Boulevard and Los Nietos Road are very busy in terms of CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Norwalk Boulevard – Los Nietos Road Grade Separation Project – Adoption of Resolution No. 9928

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vehicular traffic and rail traffic. This rail corridor is owned and operated by BNSF Railway and serves freight as well as passenger commuter trains, including Amtrak and Metrolink.

This rail corridor is also a planned California High Speed Rail alignment. This crossing has significant safety concerns, ranking among the top two crossings with the highest number of safety incidents in the city. Grade separating this crossing will prevent collisions, reduce delays for both roadway users and rail, and enhance overall safety for the community.

In addition to the safety benefits, this Project will directly improve the quality of life for residents. By enhancing connectivity, the project will help create a more livable environment and allow residents and workers better access to jobs and opportunities.

Santa Fe Springs is a major job center, with tens of thousands of workers coming into the area daily, including from surrounding disadvantaged communities. Eliminating the crossing will not only allow for better and safer job access but also improve the efficiency of freight movement via trucks on both roadways. Surrounding communities will also see reduced greenhouse gas emissions when the project is implemented eliminating engine idle time for vehicles stopped by numerous train crossing each day.

The U.S. Department of Transportation’s Federal Railroad Administration (FRA) on July 9, 2024 issued a Notice of Funding Opportunity (NOFO) for the Railroad Crossing Elimination (RCE) Grant Program. As the only competitive discretionary grant program dedicated to improving railroad crossing safety and efficiency, the RCE Program invests in projects that construct grade separations, upgrade safety devices at crossings, or close at-grade crossings where roads and train tracks intersect. Addressing collisions and blockages at grade crossings has been a top priority for FRA, especially as growing train lengths lead to more frequent and longer blocked crossings. The NOFO states that over $1.1 billion, funded through President Biden’s Bipartisan Infrastructure Investment and Jobs Act, will be available in this grant cycle.

The City is coordinating with BNSF in the development of the recommended grant application. The application will request funding for the preliminary engineering phase of the project. This would include the development of alternative conceptual designs that would be utilized to engage the community as part of the environmental clearance process. Once a preferred alternative is selected, the scope will include development of engineering plans, specifications and a construction estimate to the 35% level of completion. The estimated cost of this scope of work is $3,330,000.

ANALYSIS
The RCE grant program requires local matching funds in the amount of 20% of the total project cost. The minimum local match for this grant application is $660,000 and, to demonstrate their commitment to this critical project, BNSF has committed to funding 50% of the local match (Attachment B).

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Norwalk Boulevard – Los Nietos Road Grade Separation Project – Adoption of Resolution No. 9928

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ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
If awarded the grant, completion of the preliminary engineering would make this project an excellent candidate for future grant opportunities to fund the construction of the project.

ENVIRONMENTAL
If awarded the grant, the project scope of work will include environmental clearance as part of the preliminary engineering phase.

DISCUSSION
None.

SUMMARY/NEXT STEPS
Upon approval by the City Council of the recommended actions, City staff will continue to coordinate with BNSF on the completion of the grant application and submit it prior to the September 23, 2024 deadline.

ATTACHMENTS:

A. Resolution No. 9928
B. BNSF Funding Commitment Letter
APPROVED:

ITEM NO.:

RESOLUTION NO. 9928

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

APPROVING AN APPLICATION FOR SPECIFIED GRANT FUNDS FROM THE FEDERAL RAIL ADMINISTRATION’S FISCAL YEAR 2023-24 RAILROAD CROSSING ELIMINATION PROGRAM FOR NORWALK BOULEVARD – LOS NIETOS ROAD RAILROAD GRADE SEPARATION PROJECT.

WHEREAS, the U.S. Department of Transportation’s Federal Railroad Administration (FRA) on July 9, 2024 issued a Notice of Funding Opportunity (NOFO) for the Railroad Crossing Elimination (RCE) Grant Program. As the only competitive discretionary grant program dedicated to improving railroad crossing safety and efficiency, the RCE Program invests in projects that construct grade separations, upgrade safety devices at crossings, or close at-grade crossings where roads and train tracks intersect. Addressing collisions and blockages at grade crossings has been a top priority for FRA, especially as growing train lengths lead to more frequent and longer blocked crossings; and
WHEREAS, the NOFO states that over $1.1 billion, funded through President Biden’s Bipartisan Infrastructure Investment and Jobs Act, will be available in this grant cycle; and
WHEREAS, BNSF Railway, who owns and operates the rail road corridor at this crossing, is coordinating with the City on this project and grant application, offering both staff and consultant services at no cost to the City; and WHEREAS, BNSF Railway has committed to contributing 50% of the local matching funds required by the RCE grant program.

NOW, THEREFORE, BE IT RESOLVED that the CITY OF SANTA FE SPRINGS hereby:

1. Approves the filing of a grant application for the RCE Grant Program for the subject project; and

2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including local match funds and those provided by this grant, to complete the project; and

3. Certifies that the applicant has reviewed, understands, and agrees to the RCE Grant Program requirements; and

4. Delegates the authority to René Bobadilla, P.E., City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scopes; and

ATTACHMENT A
APPROVED:

ITEM NO.:
2 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

APPROVED and ADOPTED this 3rd day of September 2024.

I, the undersigned, hereby certify that the foregoing Resolution Number 9928 was duly adopted by the City of Santa Fe Springs City Council following a roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jay Sarno, Mayor
ATTEST:
_____________________________ ________________
Fernando Muñoz, Deputy City Clerk Date
French Thompson BNSF Railway Company
General Director
Public Infrastructure & Investments
P. O. Box 961502
Fort Worth, TX 76161-0052
2600 Lou Menk Drive
Fort Worth, Texas 76131-2830
(817) 352-1549
[email protected] September 23, 2024
Amit Bose, Administrator
Federal Railroad Administration
1200 New Jersey Ave, SE
Washington, DC 20590
Subject: Letter of Support – Safety and Access Redefined: Norwalk Boulevard and Los Nietos Road Grade Separation
Dear Administrator Bose,
BNSF Railway supports efforts by the City of Santa Fe Springs, California to secure federal discretionary funding under the 2023/2024 Railroad Crossing Elimination (RCE) grant for the Safety and Access Redefined: Norwalk Boulevard and Los Nietos Road Grade Separation project. If awarded, the project will advance planning and design for a new grade separated crossing that will eliminate two challenging atgrade crossings. BNSF would be willing to contribute $330,000.00 in private matching funds towards the $3,300,000.00 total project cost, with a request of $2,640,000.00 in RCE funds.

This project will advance planning and design for a new grade separated crossing to allow for the closure of two existing at-grade crossings at Norwalk Boulevard (DOT No. 027649P) and Los Nietos Road (DOT No. 027650J) along a busy railroad corridor. This project aims to improve safety, reduce emissions, enhance mobility and connectivity, and promote economic equity while improving efficiency for rail traffic.

BNSF values our working relationship with the City of Santa Fe Springs and is prepared to work with all involved public agencies on further development of this project, subject to satisfactory review of funding requirements, final engineering, and entering into definitive agreements as may be required by BNSF or other project stakeholders.

BNSF appreciates your thorough review of this application and looks forward to continuing its relationship with the City of Santa Fe Springs through this important project.

Sincerely,
French Thompson
General Director – Public Infrastructure & Investments

ATTACHMENT B
ITEM # 11

CITY OF SANTA FE SPRINGS

AUTHORIZATION OF CONSTRUCTION
DATE: September 3, 2024
RECOMMENDATION:

It is recommended that the City Council:
1) Approve the Construction Plans for the Stage Road and Iseli Road Street Improvement Project; and
2) Appropriate $1,737,800 in Utility User Tax (UUT) Funds for the project; and 3) Take such additional, related action that may be desirable.

FISCAL IMPACT
The pavement resurfacing of Stage Road is a project included in the 2022-2025 Capital Improvement Program (CIP). The approved funding in the CIP is $1,300,000 that is anticipated as a reimbursement from the Los Angeles County Metropolitan Transportation Authority (LACMTA) and defined in the Cooperative and Funding Agreement (Agreement) for the Rosecrans/Marquardt Grade Separation Project (Attachment B). The Agreement provides for reimbursement to the City for betterments in an amount up to $2,000,000 to the extent that there are excess project funds in the project budget for the grade separation.

In order to take advantage of economies of scale, LACMTA has offered to execute a change order to the Rosecrans/Marquardt G.S. project construction contract and have their contactor perform the construction work for the resurfacing of Stage Road and Iseli Road. Since the final project accounting will be completed well after their contractor demobilizes, LACMTA has requested that the City pay LACMTA for the cost of the CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Stage Road and Iseli Road Street Improvements – Authorization of Construction

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change order in advance. Under the terms of the Agreement, LACMTA will reimburse the City up to $2,000,000 for the cost of these betterments once the final project accounting is completed and the amount of excess available project funds is determined.

Therefore, it is recommended that the City Council appropriate $1,737,800 in Utility User Tax (UUT) funds in order to advance the construction funds to LACMTA and pay for other project costs. Any funds reimbursed by LACMTA at a later date would be returned to the UUT Fund.

The cost estimate for the project is derived from the most current costs for similar types of construction projects in the area. The total estimated project costs are as follows:

Stage Rd and Iseli Rd
Item: Estimated Project Costs
Construction $ 1,300,000.00
Design $ 112,800.00
Engineering $ 65,000.00
Inspection $ 65,000.00
Contingency $ 195,000.00
Total Estimated Project Cost $ 1,737,800.00

BACKGROUND
On July 16, 2024, the City Council authorized the Director of Public Works to execute a Task Order for On-Call Professional Engineering Services with JMDiaz Inc., for the design of the commercial street project, including Stage Road and Iseli Road. The consultant prepared the project plans, specifications, and engineering estimates with staff oversight.

The Project is located on Stage Road from 760’ Northwest of Iseli Road to 250’ Northwest of Valley View Avenue and on Iseli Road from Rosecrans Avenue to Stage Road (approximately 2,800 Feet). The Project Map (Attachment A) denotes the two street improvements project segments. Iseli Road consists of the removal of two inches of existing asphalt pavement and the placement of two inches of rubberized hot asphalt mix over existing asphalt concrete pavement. Stage Road consists of the removal of fourteen inches of existing asphalt and base and the placement of rubberized hot asphalt mix over a crushed aggregate base. Additionally, the project includes the removal and replacement of damaged curb & gutter, cross gutter, sidewalks, curb ramps and driveways, as needed.

Both of these roadways are immediately adjacent to the Rosecrans/Marquardt Grade Separation Project and have been accepted by LACMTA as a city-requested betterment to their project per the terms of the Agreement.

The project plans and specifications are complete and the Public Works Department is ready to advertise for construction bids for this project. A copy of the project construction plans will be on file with the City Clerk.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Stage Road and Iseli Road Street Improvements – Authorization of Construction

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ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
In lieu of advertising the project for construction bids, staff is recommending that the City accept LACMTA’s offer to complete the work as a change order to the grade separation project. This would result in an economy of scale savings to the City by taking advantage of bid prices from the substantially larger grade separation project, avoiding a separate mobilization and demobilization of a separate contractor, and the administrative costs associated with the advertisement and management of a separate construction contract.

ANALYSIS
The proposed new paving sections will eliminate potholes, support heavy repetitive loads generated by trucks/vehicles, increase pavement service life and, upon completion, allow for a smooth riding roadway.

ENVIRONMENTAL
Not applicable.

DISCUSSION
Both commercial street improvement projects will improve the structural condition of the existing street segments, enhance traffic operations, and reduce future maintenance costs.

SUMMARY/NEXT STEPS
Upon City Council’s approval of the recommended actions, City staff will coordinate with LACMTA the construction of the projects as a change order to the grade separation project. Staff will seek reimbursement from LACMTA for these betterments under the terms of the Cooperative and Funding Agreement for the Rosecrans/Marquardt Grade Separation Project once LACMTA completes the final project accounting and verifies the amount of project funds available for reimbursement.

ATTACHMENTS:

A. Project Location Map
B. Cooperative Funding Agreement with METRO
Legend
Area of Work
City Boundary Stage Rd Iseli Rd
Rosecrans Ave Valley View Ave
Los Angeles County
Metropolitan Transportation Authority
Metro
July 13, 2018
Mr. Noe Negrete
Director of Public Works
City of Santa Fe Springs
11710 E. Telegraph Road
Los Angeles, CA 90670
One Gateway Plaza
Los Angeles, CA 90012-2952
SUBJECT: Cooperative and Funding Agreement
Rosecrans/Marquardt Grade Separation Project
Dear Noe:

Enclosed please find the fully executed set of agreements for your records 213.922.2000 Tel
metro.net
For further information or additional questions regarding this item, please do not hesitate to contact me at (213) 418-3219.

Mahgerefth
Director, Engineering
Los Angeles County Metropolitan Transportation Authority Attachment - Cooperative and Funding Agreement
Rosecrans/Marquardt Grade Separation Project

COOPERATIVE AND FUNDING AGREEMENT
FOR

THE ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT

BY AND BETWEEN

LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY
AND

THE CITY OF SANTA FE SPRINGS
[doc 34738711v2]
LEGAL\3473871113
Cooperative and Funding Agreement
Metro and City of Santa Fe Springs
DatedUU 1\[ \3>. 2018
Rosecrans/Marquardt Grade Separation
___ 2018
ARTICLE 1

1.1 1.2

1.3 1.4

1.5 ARTICLE 2

2.1 2.2

2.3 2.4

2.5 2.6

2.7 2.8

2.9 2.10

2.11 2.12

2.13 2.14
ARTICLE 3

3.1 3.2

3.3 3.4

3.5 3.6

3.7 3.8

3.9 3.10

3.11 3.12

3.13 3.14
ARTICLE 4

4.1 4.2

4.3 4.4

4.5 [doc 34738711v2]
LEGAL\3473871113

TABLE OF CONTENTS
RECITALS 5
GENERAL PROVISIONS 7
Scope of Agreement 7
Duration of Agreement 8
Conditions Precedent 8
Definitions 8
Representatives 14
DESIGN 16
Coordination Of Design 16
Coordination 16
Design of Rearrangements Performed by LACMTA, Its Consultants and 17 Contractors
Design of Rearrangements Performed by the City 18
City Review and Approval of Significant Changes 18
Betterments 19
General Design Criteria 20
Changes in Approved Plans 20
Specific Design Requirements for Rearrangements 20
Construction Staging Plans 22
Assistance by the City 23
City Review of Any Project Design Submittals 24

NOT USED
Relocation of City Utilities and Private Utilities 26
PERMITS, CONSTRUCTION, AND PROPERTY RIGHTS 27
Community Notifications 27
Permits 27
Waiver of Permit Fees 27
Permit Process Conditions 27
Work in City Streets and City Property 31
Temporary and Permanent Street Closures 31
State and Federal Requirements 32
Grant of Rights 32
Replacement Rights-of-Ways 32
City Licenses within the Project Right of Way Owned by LACMTA 35 Temporary LACMTA Facilities 35
Temporary City Facilities 34
Night, Weekend, Early Hours, and Holiday Construction Activities 34 Omitted
EFFECTING REARRANGEMENTS 34
LACMTA Construction of Rearrangements 34
City Construction of Rearrangements 35
Maintenance 35
"As-Built" Drawings 35
City Activities 37
Cooperative and Funding Agreement
Metro and City of Santa Fe Springs
Rosecrans/Marquardt Grade Separation
___ 2018
ARTICLE 5

5.1 5.2

5.3 ARTICLE 6

6.1 6.2

6.3 6.4

6.5 6.6

6.7 6.8

6.9 ARTICLE 7

7.1 7.2

7.3 ARTICLE 8

8.1 8.2
ARTICLE 9

9.1 9.2
ARTICLE 10

10.1 10.2
ARTICLE 11

11.1 11.2
ARTICLE 12

12.1 12.2

12.3 12.4

12.5 ARTICLE 13

13.1 13.2

13.3 13.4
[doc 34738711v2]
LEGAL\34738711\3
CITY CONSTRUCTION SUPPORT SERVICES, INSPECTION AND 37

ASSISTANCE
Construction Support and Services 37
Inspection and Acceptance by City 38
Reproducible Contract Documents 39
PROJECT WORK BY THE CITY 39
Standards 39
Work Order for Design 40
Design 40
Procurement 40
Construction by Contractor 40
Construction by City Forces 41
Inspection 41
Reports and Invoices 41
Requirements 41
PROJECT CLOSEOUT AND TRANSFER TO CITY 42
Project Closeout 42
Excess Property 42
Transfer of Completed Project to City 43
REIMBURSEMENTS TO THE CITY 43
Reimbursements to the City 43
Reimbursements for Abandoned Facility 44
REIMBURSEMENTS AND CREDITS TO LACMTA 44
Survey & Review of Records 44
Salvage 44
INDEMNITY, WARRANTIES AND INSURANCE 45
Indemnity 45
Warranties and Insurance 45
CITY FUNDING OBLIGATIONS 47
City Funding
LACMTA Contingency
WORK PLANS, DEADLINES & DELAYS, INVOICES & OVERTIME 48

PROCEDURES FOR WORK ORDERS, AUDIT & INSPECTION
Work Performed by the City 48
Intentionally Omitted 48
Deadlines and Delays 48
Invoices & Overtime Procedures for Work Orders 49
Audit and Inspection 50
RESOLUTION OF DISPUTES 50
Attempt to Resolve 50
Dispute Resolution 50
Prevailing Party 50
Implementation 51
Cooperative and Funding Agreement
Metro and City of Santa Fe Springs
Rosecrans/Marquardt Grade Separation
___ 2018

13.5 13.6
ARTICLE 14

14.1 14.2

14.3 14.4

14.5 14.6

14.7 ARTICLE 15

15.1 15.2

15.3 15.4

15.5 15.6

15.7 15.8

15.9 15.10

15.11 15.12

15.13 15.14

15.15 15.16

15.17 15.18

15.19 15.20

15.21 EXHIBIT A
[doc 34738711v2]
LEGAL\34738711\3
Cooperation
Incorporation of Subcontracts

FEDERAL AND OTHER REQUIREMENTS
Audit and Inspection
Interest of Members of Congress
Prohibited Interests
Equal Employment Opportunity
Small Business Enterprise
Prior Approval
Non-Discrimination

MISCELLANEOUS PROVISIONS
Approvals; Further Documents and Actions
Notices
Assignment; Binding Effect
Waiver
Amendment; Entire Agreement; Modification
Elements of Essence
Legal Rights
Bonds/ Fees
Severability
Gender and Tense
Headings
Incorporation of Exhibits
Counterpart Originals
Force Majeure
Construction
Benefit: Third Party Beneficiaries
Survival
Entire Agreement
Funding Sources
Community Commitments
Authority of Parties
Rosecrans/ Marquardt Project Location Map
Cooperative and Funding Agreement
Metro and City of Santa Fe Springs
51 52
52 52
53 53
53 53
53 54
54 54
54 56
56 56
56 57
57 57
58 57
57 57
58 59
59 59
59 59
59 59
59 61
Rosecrans/Marquardt Grade Separation
____ 2018

COOPERATIVE AN D F U N D I N G

AGREEMENT FOR

THE ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT

BY AND BETWEEN

THE CITY OF SANTA FE SPRINGS
AND

LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

THIS COOPERATIVE AND FUNDING AGREEMENT FOR THE
ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT ("Agreement") dated,J, 1 Iv ):~ , 2018 is made by and between the City of Santa Fe Springs, a Ca Ii f~ mun i c i pa I corporation in the State of California (the "City"), and the Los Angeles County Metropolitan Transportation Authority, a local public entity in the State of California ("LACMTA"). As used in this Agreement, terms identified by initial capital letters shall have the meanings set forth in Article 1, or as elsewhere provided in this Agreement.

RECITALS
A. LACMTA is a public entity created pursuant to California Public Utilities Code Section 130050.2 et. seq. by the California State Legislature for the purpose of design, construction, and operation of rail and bus transit systems and facilities in Los Angeles and the public entity responsible for transportation planning and programming in Los Angeles County.

B. In collaboration with several southern California agencies and with a combination of funds and funding sources including, but not limited to, Measure R, Proposition 1A through the California High Speed Rail Authority ("CHSRA"), Burlington Northern Santa Fe (BNSF) Railway ("BNSF"), CPUC Section 190 program through City, Transportation Investment Generating Economic Recovery (TIGER) funds, and California Department of Transportation Division of Rail ("Caltrans") (collectively, the "Funding Entities") LACMTA proposes to oversee and manage the design and construction of facilities necessary and convenient for the grade separation of the intersection of Rosecrans Avenue and Marquardt Avenue and the BNSF owned railroad corridor located in City and more particularly described below (the "Project") with the understanding that the Project is not part of the LACMTA system.

C. The Project will include the construction of certain improvements (the "Overpass") to grade separate Rosecrans Avenue, Marquardt Avenue, and the BNSF owned railroad corridor in the City of Santa Fe Springs. The goals of the Project include the following:
(1) Improve safety by separating vehicular and pedestrian traffic from rail traffic to LEGAL\34738711 \3 Cooperative and Funding
Agreement LACMTA and City of Santa Fe Springs
5 Rosecrans/Marquardt Grade Separation
___ 2018
alleviate the current and potential impacts at the railroad crossing; (2) Enhance mobility and quality of life for the community; and (3) Minimize disruption to residents, businesses, and the community during construction by designing and building an elevated overpass for Rosecrans Avenue. The Project is located at milepost 157.8 on the BNSF San Bernardino Subdivision and BNSF owns and operates the railroad corridor that crosses through City as more particularly described in Exhibit A.

The existing Rosecrans Avenue, Marquardt Avenue grade crossing, U.S. D.O.T. No. 027656A, C.P.U.C. Crossing No. 002-157.80, will be closed permanently and removed upon completion of construction and installation of the Grade Separation.

D. The City is a California municipal government created pursuant to the California State Constitution for many purposes including, but not limited to, the design, construction and operation of transportation facilities in the City. The City intends, by this Agreement, to facilitate the implementation of the Project, and the design and construction of all Project facilities located within the City or otherwise subject to its jurisdiction, including possible rearrangement of some portions of City Facilities.

E. BNSF, City and LACMTA will concurrently herewith enter into that certain Rosecrans Marquardt Grade Separation Construction and Maintenance Agreement (the "C&M Agreement"), which describes each party's roles and responsibilities in the design, construction and implementation of the Project and the City's operation and maintenance obligations with respect to the Overpass; as a result, the Parties acknowledge and agree that the C&M Agreement governs the subject matter thereof, and this Agreement is intended solely to authorize LACMTA to acquire property and design and construct the Project on behalf of the City, and to govern certain funding obligations of the City (to the extent the City receives CPUC Section 190 funds from the State of California) with respect to the Project, and to address certain matters relating to cooperation between LACMTA and the City with respect to the Project.

Therefore, City's and LACMTA's requirements with respect to the design and construction of the Project, City rights with respect to review and approval of the design of the Project, inspection of the construction of the Project, and ongoing maintenance and repair obligations of the City with respect to the completed Project, among other things, are set forth in the C&M Agreement and not in this Agreement.

F. The construction of the Project may require the Rearrangement of all or portions of certain City Facilities. City and LACMTA desire to cooperate so that such Rearrangements are consistent with City requirements and facilitate the construction of the Project. City acknowledges that ii has rights of review and approval of the Plans and Specifications for the Project pursuant to, and subject to the terms and conditions of, the C&M Agreement.

NOW, THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby LEGAL\34738711 \3 Cooperative and Funding
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acknowledged, City and LACMTA agree to the terms and conditions of this Agreement, as follows:

ARTICLE 1

GENERAL PROVISIONS

1.1 Scope of Agreement
This Agreement specifies certain procedures that LACMTA and City will follow in identifying, planning, designing and effecting the Project in the City, including (a) the Rearrangements of City Facilities and other impacts of the Project in order for LACMTA to design and construct the Project within the City, (b) the manner in which both LACMTA and City will cooperate and coordinate with the other in activities covered by this Agreement and any supplemental agreements hereto, and (c) the City's funding obligations with respect to the Project (to the extent of CPUC Section 190 Funds).

Further, City agrees to assist LACMTA by providing engineering, technical, analytical, and administrative support services with respect to building and safety, landscaping, street lighting, transportation, civil engineering, public works inspection, fire/life safety, police protection and other areas deemed necessary by the City and LACMTA to successfully implement construction of the Project within the terms provided herein. LACMTA agrees to secure all required permits and approvals, and make all arrangements for the relocation and/or installation of all facilities owned by private persons, companies, corporations, political subdivisions or public utilities which may be necessary for the construction of the Project. Finally, City agrees to designate the Project as comprising a high priority public works project under the City, and to provide LACMTA with expedited review and approval procedures in connection with design, permitting, and other project services to be exercised by the City with respect to the portions of the Project within the City Right-of-Way or Conflicting Facilities.

The terms and conditions of this Agreement shall not negate or otherwise modify the terms and conditions of any existing easements, licenses or other use and/or occupancy agreements between City and any former owner of real property now or hereafter owned by LACMTA, and to which LACMTA has become or hereafter becomes a successor either by assignment or by operation of law.

1.2 Duration of Agreement
The initial term of this Agreement (the "Initial Term") shall commence on the Effective Date and shall continue in effect until the completion of each Party's obligations hereunder. The Parties shall have no right to terminate this Agreement prior to the completion of their respective duties and responsibilities hereunder except in connection with a termination of the C&M Agreement in accordance with the terms LEGAL\34738711\3 Cooperative and Funding
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thereof. If either Party fails to perform its obligations hereunder for the term of this Agreement, the other Party shall have all of its rights and remedies under law or in equity. Neither the termination nor expiration of this Agreement will release any party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration.

1.3 Conditions Precedent
II shall be a condition precedent to the obligations of LACMTA and its performance hereunder that LACMTA has received the necessary appropriations, subsidies, grants, payments and/or contractual commitments from the Funding Entities necessary for it to perform such obligations under this Agreement.

1.4 Definitions
For the purpose of this Agreement, the following terms shall have the meanings set forth below:

1.4.1 Abandonment is defined as the permanent termination of service or removal of an existing City Facility or portion thereof, and, if the City Facility or portion thereof is not being removed from its existing location, the work necessary to safely permit such City Facility to remain in place in accordance with applicable Law and/or City Standards.

1.4.2 Betterment(s) means (i) any upgrading of the facility in the course of a Rearrangement that is not incorporated into the Design as defined in Section

1.4.11 and as more thoroughly described in Article 4 of this Agreement, attributable to the Construction of the Project and is made solely for the benefit of and at the election of the City, including an increase in the capacity, capability, efficiency or function of a Conflicting Facility over that which was provided by the corresponding Conflicting Facility; or (ii) any enhancement or upgrade to the Project from the requirements set forth in the Approved Plans that City requests. Betterments shall be entirely financed at the expense of City, subject to the provisions herein regarding reimbursement to the City from the Project budget. LACMTA shall not unreasonably withhold its consent for Betterments provided there is no impact on the schedule or cost of completing the Project. Notwithstanding the foregoing, none of the following shall be considered Betterments:
(a) An upgrade, to which the Parties mutually agree, is necessary for the Construction, operation or maintenance of the Project;
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(b) An upgrade required by applicable Law;
(c) Measures to mitigate environmental or other impacts of the Project arising from the construction or operation or maintenance of the Project, including measures identified in the Project's Environmental Assessment (EA)or any supplemental or addenda environmental reports or any kind ("Environmental Documents"), and also including any other measures agreed to by LACMTA as appropriate for the construction or operation or maintenance of the Project, regardless of whether they are identified in the Environmental Documents;
(d) Replacement devices or materials that are used for reasons of economy (e.g., non-stocked items may be uneconomical to purchase);
(e) Replacement of devices or materials no longer regularly manufactured with the next highest grade or size; or
(f) Any upgrade required by applicable City Standards.

1.4.3 City is defined as the City of Santa Fe Springs, California, including, but not limited to, City Council members, its officers, boards, commissions, departments, divisions, employees, staff and agents.
1 .4.4 City Facility is defined as any real or personal property located within or immediately adjacent to the Right-of-Way or other locations that is owned or under the exclusive operation of City and that impact the functionality of the system.

City Facility includes, but is not limited to, structures, improvements, and other properties, which are under the ownership or operating jurisdiction of City, and shall include, but not be limited to, public streets, parkways, curbs, curb ramps, sidewalks, highways, bridges, retaining walls, alleys, storm drains, sanitary sewers, water distribution systems, utilities, street poles, street lights, signals, signs, markers, water lines, survey monuments, parking lots, parking spaces, parks, public landscaping and trees , traffic control devices, lighting equipment, fiber optic and other telecommunication or related facilities, fire hydrant and fire suppression systems and all other City owned or operated sub-structures of any kind.

1.4.5 City Representative is defined as the person designated by the City Manager to represent the City and shall manage and coordinate interactions between the City and LACMTA and who has the power to conduct meetings and reviews and approves actions, as required by this Agreement, on behalf of the City.

1.4.6 City Right-of-Way is defined as public streets and public easements as per applicable legal documents owned by the City, whether title is held in fee, easement, right-of way, or otherwise authorized by law.

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1.4.7 City Standards is defined as the City's published rules, codes and ordinances in effect on the effective date of this Agreement that affect the design and construction of the Project, including but not limited to the provisions of Section 2.1 below and:
(a) The Standard Specifications for Public Works Construction (SSPWC); (b) The Special Provisions and Standard Drawings for the Installation and Modification of Traffic Signals, including amendments;
(c) The California Manual on Uniform Traffic Control Devices (MUTCD) and the American National Standard Practice for Roadway Lighting, ANSI/I ESNA RPB-2000; ( d) The latest Caltrans Standard Plans and Standard Specifications and all applicable Caltrans directives;
(e) Applicable Caltrans Traffic Operations Policy Directives; (f) Caltrans Highway Design Manual;
(g) City of Santa Fe Springs Standard Plans; and
(h) BNSF's Standard Plans & Requirements (to the extent applicable pursuant to the C&M Agreement).

1.4.8 Conflicting Facility is defined as an existing City Facility which City and LACMTA determine is so situated within or immediately adjacent to the Right-of-Way as to require Rearrangement in order to construct, operate or maintain the Project without adversely impacting the access, use and maintenance of that City Facility.

1.4.9 Construction is defined as work of removal, demolition, replacement, restoration, alteration, realignment, building, fabrication, landscaping, support or relocation, of all new and existing facilities to be constructed, systems, and equipment to be procured and installed that are necessary to build, operate and maintain the Project.

1.4.10 Days is defined as calendar business days unless specified otherwise in this Agreement.

1.4.11 Design is defined as the engineering and architectural, and other design work and the resulting maps, plans, drawings, computer software, estimates, specifications, special provisions, calculations, computer software and estimates related to the design of the Replacement Facilities, which are necessary for the Construction of the Project.

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1 .4.12 Design Review is defined as the process of evaluation of Design documents, plans and specifications by the City and LACMTA that are developed by consultants which are necessary for the construction of Betterments, a Replacement Facility or portions of the Project within City Right-of-Way.

Design Reviews shall be conducted at the following Plan Specifications & Engineering (PS&E) critical milestones:
(i) 65% PS&E Design (65% complete);
(ii) 90% PS&E Design (90% complete); and
(iii) 100% Final Design (100% complete and issued for Construction).

City may be asked by LACMTA from time to time to review Advanced Partial Design Submittals. City shall make all pertinent comments to the Design documents at the critical milestones and verify the Final Design.

Construction of Replacement Facilities shall not begin until the City verifies the Final Design submittal for such applicable Rearrangement work within City Right-of-Way or with respect to Replacement Facilities. City has made all pertinent comments to the Design documents at the Initial Design and Pre-Final Design stages and will verify at the Final Design stage that such comments have been satisfactorily addressed by LACMTA. 1 .4.13 Design Freeze is the date and stage of Design when Design is frozen for the purpose of procuring the contractor who will construct the Project (which is the date on which the 65% PS&E Design was completed). The 65% PS&E Design has been completed prior to the date hereof and such 65% PS&E Design has reflected all current applicable City ordinances and laws, and has incorporated all City comments on such Design. All standards, laws or applicable criteria by the City or other local jurisdiction shall be frozen at the Design Freeze date so that the Design does not need to comply with any subsequent changes in such standards, laws or criteria. 1 .4.14 Dispute has the meaning set forth in Article 13. 1 .4.15 Effective Date is defined as the date on which this Agreement has been fully executed on behalf of both LAC MT A and City, after having been approved by the City Council of the City and the Board of Directors of LACMTA.

1.4.16 Facility is defined as real or personal property now or in the future to be located within the City Right-of-Way of the Project for the purpose of providing service to the public, including but not limited to, public streets, highways, bridges and alleys, storm drains, sanitary sewers, parking lots, parks, public landscaping and trees, traffic control devices/systems, street lighting systems, easements, recreational facilities, and any equipment, apparatus and/or structure and substructures appurtenant thereto or LEGAL\34738711\3 Cooperative and Funding
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associated therewith.

1.4.17 General Contract is defined as the general contract between LACMTA and LACMTA's general contractor with respect to the Construction of the Project.

1.4.16 Governmental Authority is defined as any government or political subdivision, whether federal, state, or local, or any agency or instrumentality of any such government or political subdivision, or any federal, state, or local court or arbitrator, other than City and/or LACMTA.

1.4.17 LACMTA is defined as a public entity created pursuant to California Public Utilities Code Section 130050.2 et. seq. by the California State including but not limited to, its officers, boards, commissions, departments, divisions, employees, staff and agents. 1 .4.18 LAC MT A Representative is defined as the person designated by the Chief Executive Officer for LACMTA, or his/her representative who has been authorized in writing by the Chief Executive Officer, to conduct meetings, execute work orders, and reviews and approves actions, as required by this Agreement.

1.4.19 Laws is defined as any law, rule, regulation, ordinance, statute, code or other requirement of City, LAC MT A, or any Governmental Authority.

1.4.20 Parties is defined as LAC MT A and City, collectively, and a "Party" is defined as LACMTA or City, individually.

1.4.21 Project has the meaning set forth in Recital C.

1.4.22 Rearrangement is defined as the removal, replacement, encasement, restoration, alteration, reconstruction, support or relocation of a Conflicting Facility or portion thereof, whether permanent or temporary, which LACMTA and City determine must be rearranged in order to construct or maintain the Project.

1.4.23 Replacement Facility is defined as a facility, which, if determined by City to be necessary, shall be constructed as a consequence of the Rearrangement of a Conflicting Facility or portion thereof.

1.4.24 Right-of-Entry (ROE) is defined as the process through which the City will grant LACMTA and its contractors the right to enter the City's right of way areas required to construct, operate and maintain the Facilities and systems that comprise the Project.

1.4.25 Street Lighting System is defined as a complete lighting system to illuminate City, bus and rail right-of-way, including, but not limited to, public roadways, detour roadways, parkways, alleys, sidewalks, detour sidewalks, bridges, underpasses, LEGAL\3473871 l\3 Cooperative and Funding
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overpasses, walkways and other public improvements to meet applicable City Standards as set forth herein. Street Lighting System components include, but are not limited to, poles, foundations, luminaries, lamps, pull boxes, conduit, wires, power service points and other related equipment.

1.4.26 Substantial Completion is defined as the point at which LACMTA and the City Representative make the determination that the public can occupy or utilize the Project for the use for which it is intended and Project construction is sufficiently complete for benefit of the public.

1.4.27 Substantial Completion Effective Date is defined as the date at which LAC MT A and the City Representative make the determination that the public can occupy or utilize the Project for the use for which it is intended and Project construction is sufficiently complete for benefit of the public, regardless of the length of the Punch List or the existence of incomplete items.

1.4.28 Temporary Facility is defined as a facility constructed for the purpose of ensuring continued service while a Conflicting Facility is taken out of full or partial service while it undergoes its permanent Rearrangement and/or any work on a City Facility to accommodate the Construction of the Project, but which will be removed or restored to its original condition after such Construction activities are completed.

1.4.29 Traffic Management Plan is defined as a plan that addresses traffic control requirements in Construction areas through a Temporary Traffic Control Plan ("TTCP"), and along detour routes through a Construction Detour Plan ("CDP"). A TTCP is a sitespecific design for temporary traffic control and diversion of vehicular and pedestrian traffic through or adjacent to a work area, incorporating base conditions, temporary conditions, construction impact areas, and all temporary/permanent traffic controls and advisory signage. On a larger scale, a CDP addresses operation along an alternate route which bypasses a work area, or multiple intersections affected by concurrent Construction, by means of striping, signing, signals, delineators, barricades, advanced warning signs, warning lights changeable message signs ("CMS") or other traffic control devices. The operation of a Traffic Management Plan is affected by Construction phasing plans and Construction schedules and shall be consistent with the requirements of the General Contract. The Traffic Management Plan will be submitted to City and LACMTA for their review and approval.

1.4.30 Work Order is defined as that document which LACMTA issues to City authorizing City to perform a defined scope of work and services with respect to the Design and/or Construction of the Project or a Rearrangement to be funded by LACMTA under the terms and conditions of this Agreement.

1.4.31 Punch List means an itemized list of construction work or components LEGAL\34738711\3 Cooperative and Funding
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thereof which remains to be completed after the issuance of a notice of substantial completion. The Punch List items will include incomplete items, the existence, correction and completion of which will have no material or adverse effect on the normal and safe use and operation of the Replacement Facility.

1.5 Representatives

1.5.1 City Representatives. For the Project, the City's designated representative is the Director of Public Works. The City Representative shall assist LACMTA in the delivery of the Project and each designated component thereof in a timely manner. The City Representative will have the responsibility to:
(i) Manage and coordinate interaction of City with LACMTA, (ii) Undertake reviews and make final decisions and approvals as required by this Agreement.
(iii) Coordinate among the City departments and other constituent entities as necessary for the City Representative to make the designated decision or approval.

The City may change its designated City Representative by providing ten (10) Days prior written notification to LACMTA; provided, however, that any such change in a City Representative shall not relieve City of timely meeting its obligations under this Agreement. LACMTA shall have the right to request the City Representative to be replaced if ii is reasonably determined by LACMTA that performance of such individual is unsatisfactory and/or adverse to the timely completion of the design and construction of the Project.

1.5.2 LACMTA Representative. The Project Manager for LACMTA shall designate a person, or the holder of a specified office or position, to act as LACMTA's Representative.

LACMTA's Representative will have the responsibility to manage and coordinate LACMTA's interaction with the City, and to produce the necessary Design and Construction documents for City review and/or approval, and make approvals as required by this Agreement. LACMTA may change its designated LACMTA Representative by providing ten (10) Days prior written notification to the City. However, that any such change in a LACMTA Representative shall not relieve LACMTA of timely meeting its obligations under this Agreement. LACMTA's Representative shall have the full and requisite authority to make final decisions with respect to approvals and/or disapprovals of the specified subject matter. LACMTA's Representative shall assist the City as appropriate and whenever necessary so that the City can carry out its obligations under this Agreement. Among other things, LACMTA's Representative will have the responsibility (i) to manage and coordinate the work of its design and/or construction consultants and contractors; (ii) to manage and coordinate interaction of authority with the City, (iii) to produce the necessary work documents and reports required by this Agreement, (iv) to undertake LEGAL\34738711\3 Cooperative and Funding
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reviews and make final decisions and approvals as required by this Agreement or the C&M Agreement and (v) to coordinate among the applicable LACMTA representatives and contractors or other entities as necessary for the LACMTA Representative to make the designated decision or approval.

ARTICLE 2
DESIGN

2.1 Coordination of Design; Mitigation
LACMTA is responsible to coordinate all designs of the Project with the City and those community groups that are affected by the Project. LACMTA is responsible to work with the communities neighboring the Project to seek consensus of these design elements impacting the traffic circulation, safety, appearance, and quality of life. These design elements include but are not limited to architecture, aesthetic quality of the stations, noise and vibration controls, lighting and sound walls in accordance with the approved environmental documents. LACMTA is responsible for collaborating with City to determine proper and effective mitigation measures to address community concerns.

2.2 Coordination
LACMTA Representative and the City Representatives shall work in good faith pursuant to the established guidelines and procedures set forth herein with respect to Design Review and coordination of Construction, right-of-entry, right-of-way acquisition and Rearrangement of City Facilities pursuant to this Agreement in order to permit the timely design, construction and operation of the Project. All such guidelines and procedures shall be considered part of this Agreement. LACMTA shall consult with the City Representative in establishing the schedule for Design of Rearrangements; however, the schedule shall be consistent with LACMTA's Construction schedule for the Project, as mutually agreed upon by LACMTA and the City. The City Representative(s) shall attend regularly scheduled coordination meetings to stay apprised of the Project schedule and activities within the City. City shall also attend and participate in the Project regular technical, traffic management, preconstruction meeting, and various other project meetings to brief CITY Council on the status of the Project to solicit input, and to provide a forum to discuss and resolve project and local agency issues.

2.2.1 LACMTA shall schedule its construction activities to cause the least amount of disruption to City services. As set forth herein, City consents to schedule an interruption of service, deemed necessary by LACMTA; however, LACMTA shall provide prior notice before City services are interrupted. LACMTA will notify affected parties, including residents and businesses, in advance of scheduled interruptions and will cooperate with City to minimize interruption of City service and resulting disruptions. Where City LEGAL\34738711\3 Cooperative and Funding
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determines that Temporary Facilities are reasonably necessary and appropriate and provides LACMTA with at least 14 Days prior written notice to provide the same, LACMTA shall provide such Temporary Facilities; provided, however, that LACMTA deems such request reasonable and necessary.

2.2.2 City recognizes that time is of the essence for the Project, and the designated City Representative shall submit consolidated comments on Design Submittals to LACMTA within the time periods required and shall identify any aspects of the identified segments that do not conform to applicable City Standards, based on the information provided; however, in the event the Final Design Submittals are incomplete, the City has the right to reject said submission. City shall notify LACMTA at the earliest opportunity that said submittals are incomplete. Construction components identified by City, which do not conform to City Standards, Requirements, or Ordinances shall not be constructed.

The designated City Representative shall be responsible for consolidating all City-related comments from the applicable City departments and providing LACMTA one such set of its comments.

2.2.3 Each Design submittal shall include AutoCAD design drawings, project specifications, supporting data, reports and such information as needed to advance to the next stage of design. No more than six (6) Design submittals consisting of a reasonable number of sheets shall be scheduled for review and approval by the City at one time unless otherwise agreed upon. The determination of what constitutes a reasonable number of sheets will be agreed upon by the parties through their respective representatives in advance of each stage of design.

2.2.4 The Parties recognize that City approval of Final Design submittals might result in Design or Construction of City facilities that are non-conforming to applicable City Standards subject to the Design Freeze. LACMTA shall be responsible for correction of all such non-conforming Design and/or Construction so long as (i) they are requested by the City in order to conform that Facility to applicable City Standards or (ii) correction is necessary to prevent public health and/or safety risk.

2.3 Design of Rearrangements Performed by LACMTA, Its Consultants and Contractors
Unless otherwise mutually agreed, LACMTA (or its consultants and/or contractors) shall Design all Rearrangements, including Betterments thereto. For the Design of any specific Rearrangements, which will be performed by LACMTA (or its consultants and/or contractors), LACMTA shall issue plans or necessary documents for City to review plans and specifications as required, and the following procedures shall govern.

2.3.1 Coordination of Design and the development of the Design plans and specifications shall be the responsibility of LAC MT A Representative (who shall confer from LEGAL\34738711\3 Cooperative and Funding
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time to time with the City Representative), except to the extent that such responsibility has been delegated to LACMTA's consultants and/or contractors in accordance with this Agreement, then LACMTA shall ensure that its consultants and/or contractors are diligently coordinating the Design with the City.

2.3.2 Development of Design, Performance Specifications and Technical Provisions - LACMTA and its consultants will undertake the preparation of a set of technical drawings and technical specifications.

2.3.3 Design plans of Rearrangements performed by LACMTA, its consultants or Contractor shall be prepared in AutoCAD.

2.3.4 The Parties will work in good faith through their designated representatives to develop and finalize a mutually agreeable schedule and electronic format for submittal and approval of plans and specifications for any Rearrangement of City Facilities required in connection with the Project, provided that such schedule for submittal and approval by City shall be consistent with the process for design review and approval under Section 2.12.

2.3.5 LACMTA's engineering consultants, and its contractors, are responsible for errors and omissions in the plans, specifications, submittals, and all other related contract documents. Subject to the approval standards below, the City shall have the right to approve or disapprove the Final Design Documents. but expressly agrees and acknowledges that during the Final Design stage at 100%, it shall not raise any new issues, or make any comments, which are inconsistent with its comments on earlier submittals, or with any changes already agreed to by City and LACMTA; however, this limitation shall not apply in circumstances where earlier submittals were incomplete or otherwise did not disclose sufficient information to disclose conflicts, noncompliance with City Standards or applicable Law. City's approval of the Final Design for any Rearrangement will not be withheld if the submittal is consistent with (a) the most recent previous submittal for such Rearrangement, modified as appropriate to respond to City comments on such submittal (other than any such comments which are disallowed pursuant to the preceding sentence) and to reflect any subsequent changes agreed to by City and LACMTA, or (b) earlier submittals for such Rearrangement which have been approved (or deemed complete and approved) by City.

City shall have the right to make new comments on any material changes in Design from previous submittals.

2.4 Design of Rearrangements Performed by the City
If LACMTA and City mutually agree that the City (or its consultants and/or contractors) shall Design a specific Rearrangement, LACMTAshall incorporate such work into the Design documents for the Project, upon incorporation of which LACMTA shall proceed to perform the Design of such Rearrangement, and the activities referred to in LEGAL\34738711\3 Cooperative and Funding\
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the following subsections:

2.4.1 The City shall perform its Design work in conformance with LACMTA's Project schedule and the C&M Agreement and shall coordinate throughout Design with LACMTA to develop plans satisfactory to both LACMTA and City for each Rearrangement. The schedule for completion of design, coordination requirements, review procedures, and related provisions shall be mutually agreed to and included as attachments in the work plan, which shall also include the not-to-exceed cost of completing the Design of the specific Rearrangement and agreed upon scope. Betterments shall be addressed in accordance with Section 2.6.

2.4.2 The City shall submit a set of the completed Design plans and specifications, including estimate of the cost of Construction and estimate for the time needed to perform the required Rearrangement work, to LACMTA for its review and approval. Unless otherwise expressly permitted herein, City will not change the approved plans during Construction, except with prior written concurrence of LACMTA. This constraint shall not apply to unapproved proposed plans. LACMTA's review and approval of any Design furnished by City, its consultants or contractors shall be limited solely to assessing compatibility of the Replacement Facilities with the Project, coordination with LACMTA's work on the Project, and Cost issues. LACMTA will review the Design plans and specifications for their compatibility with the overall Design.

2.4.3 City shall be responsible for errors and omissions for any plans and/or specifications prepared by City 's consultants or contractors.

2.5 City Review and Approval of Significant Changes
LACMTA shall not make any significant changes to the Project from the Approved Plans as it pertains to the City Rights-of-Way or City Facilities, without the prior review and written approval of the City; however, nothing in this provision is intended to modify, alter or abrogate the requirements of the Environmental Assessment(EA) approved for the Project. The procedures for review of the significant change shall be as follows:

2.5.1 LACMTA shall identify any proposed significant change to City, along with a rationale for said change, and City shall have twenty (20) working Days from the date of receipt of any documents from the LACMTA's Representative to review and approve or disapprove any proposed significant change by written notice to the LACMTA Representative. Any such disapproval shall be accompanied by a detailed written explanation for the disapproval and a proposed resolution to obtain City approval of the same. In the event the designated City Representative does not respond to LACMTA within the twenty (20) working Day period, City shall be deemed to have concurred with all the proposed significant changes in the submittal.

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2.5.2 If the City Representative timely disapproves or indicates non-concurrence with a proposed significant change in writing, as required above, LACMTA shall propose in writing and on drawings, as appropriate, another change that responds to the City's concerns which may constitute a significant change or non-significant change. Under these circumstances, the City shall have an additional fifteen (15) working Days to review any such proposed non-significant change or proposed significant change. The designated City Representative shall have the15-working day period of time from the date of receipt of the documents from the LACMTA's Representative to complete the design review and to make the necessary and appropriate comments on the contents of the documents.

2.6 Betterments

2.6.1 LACMTA shall not unreasonably withhold its consent for Betterments provided there is no impact on the schedule or cost of completing the Project.

2.6.2 It is understood and agreed that LACMTA will not be responsible for the Cost of any Betterment, and that no Betterment may be performed in connection with any Rearrangement (whether designed or constructed by City or by LACMTA) which is incompatible with the Project or which cannot be performed within the constraints of applicable Law, any applicable governmental approvals and/or adversely impacts the critical path of the LACMTA's schedule for the Project. Notwithstanding the foregoing, to the extent there are excess funds in the Project budget that are not required for the Project Cost, LACMTA agrees to allocate up to an aggregate amount of $2,000,000 to reimburse City for the actual costs of any such Betterments, after deducting from such aggregate $2,000,000 the amount of any reimbursement by LACMTA to City for the costs of City services under Section 2.12.

2.7 General Design Criteria

2.7.1 City shall notify LACMTA of any revisions or additions to City Standards subject, however, to the Design Freeze. The Design of each Rearrangement, whether furnished by City or by LACMTA (or by their consultants or contractors), shall conform to the City Standards together with revisions or additions thereto, which shall be incorporated into the Design product pursuant to the provisions in this Section 2. 7.

2.7.2 City agrees that it shall not adopt any new City standards, or otherwise amend or supplement any existing City standards, for the sole or primary purpose of affecting the Project or that are inconsistent with the Design Freeze.

2.7.3 City agrees to comply with the provisions of this Section so long as the LEGAL\3473871 l\3 Cooperative and Funding
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Project stays within the original general timeline and/or schedule for its Design and Construction. If for any reason, the Project is placed on hold by LACMTA for a period of twenty-four (24) months or more, City will have the option to review and modify any City Standards from the previous design. The City will not be liable for any costs due to the changes in standards due to this type of Project delay.

2.8 Changes in Approved Plans
Following City approval of the Approved Plans, changes in the Approved Plans shall require both LACMTA's and City's approval. All changes required to accommodate differing site conditions are the responsibility of LACMTA, its consultants, and contractors.

Field changes required due to differing site conditions must be reviewed and approved by City.

2.9 Specific Design Requirements for Rearrangements

2.9.1 Surface Openings. To the extent practical, LACMTA shall locate surface openings associated with the Project, if any, such as surface openings, so as to cause the least effect on existing features of landscape and improvements and the least public disruption, and when practical, they shall be located in or on LACMTA-owned property, unless otherwise agreed to by City. In determining location of surface openings, health and safety concerns are paramount. Placement of surface openings in sidewalks will be avoided, as much as possible at all times, and City concurrence shall be obtained prior to placement. Other openings, such as mechanical access openings shall be permitted in sidewalks provided said openings are enclosed by a mutually acceptable method. City and LACMTA shall mutually agree on the exact location and size of such openings.

2.9.2 Landscaping. Trees and landscaped areas under ownership or control of City shall be preserved and trees shall only be removed with the consent of City. Trees in the Project's construction area which are to remain shall be adequately protected. Trees that must be removed due to Rearrangements shall be replaced in the ratio of one (1) replacement tree for each one tree removed in accordance with applicable City Standards.

Landscaped areas removed due to Rearrangements shall be restored in accordance with applicable City Standards, including the City's water conservation and sustainability standards.

2.9.3 Traffic Control Devices. Construction shall require the removal and reinstallation of traffic control devices. Provided that LACMTA has received final written approval of the Design document for the Project by City, City hereby consents to all removals, temporary installations, reinstallations and interruption of traffic control devices in compliance with such plan and deemed necessary by LACMTA and performed by LACMTA's contractors; however, LACMTA shall provide prior notice to the City LEGAL\34738711\3 Cooperative and Funding
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Representative before service of traffic control devices is interrupted. LACMTA will cooperate with City to minimize interruption of services of traffic control devices. As required, LACMTAshall issue work orders to LACMTA's contractors for necessary removal and reinstallation of existing parking meters, traffic signals, and other traffic control devices, including but not limited to posts, signs, interconnect, cameras, loops, pavement markings, and striping, in accordance with LACMTA's Construction schedule.

2.9.4 Street Lighting. Construction shall require the removal, modification, and reinstallation of existing or installation of new lighting systems depending on the impact of the Project on City Facilities. Provided that LACMTA's plan for same has been approved by City, City hereby consents to all removals, temporary installations, reinstallations of existing, installation of new lighting systems in compliance with such plan, and interruptions of Street Lighting Systems in compliance with such plan and deemed necessary by LACMTA and performed by LACMTA's contractors; however, LACMTA shall provide at least three (3) Days prior notice to the City Representative before service of Street Lighting Systems is affected. LACMTA will cooperate with City to minimize interruption of street lighting service. LACMTA shall issue work orders for the Rearrangement of a Street Lighting System when required under the terms of this Agreement.
(a) Any work that will affect lighting systems, maintained by or under the jurisdiction of City, must be approved for compliance with applicable City Standards by the Public Works Department. Design for a Street Lighting System must be forwarded for Design Review to the City in accordance with this Agreement. (b) Except as mutually agreed by the Parties, all lighting systems maintained by or under the jurisdiction of City within the boundaries of the Project, as well as all lighting systems on the same circuit in the direct vicinity of the Project, shall be maintained and kept in operation by the general contractor at all times during Construction. City shall not unreasonably withhold its approval to interrupt service as necessary for the Project.
(c) In the event of any damage caused by LACMTA or its
contractors to lighting systems maintained by or under the jurisdiction of City, the City must be notified. All damages shall be repaired as soon as reasonably possible by LACMTA's contractors under City inspection at no expense to City. City may request reimbursement for Staff time required to oversee the repairs.

2.10 Construction Staging Plans
LACMTA, through its consultants, contractors, subcontractors or agents, shall develop construction-staging plans. Construction staging plans shall provide, among LEGAL\34738711\3 Cooperative and Funding
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other things, for the handling of vehicular and pedestrian traffic and street lighting on streets adjacent to the Construction with the Construction phasing showing street closures, detours, warning devices and other pertinent information specified on the plans.

Such plans shall incorporate actions to maintain access to business adjacent to the Construction areas and actions to ensure safe access and circulation for pedestrians, bicyclists, and vehicular traffic. LACMTA will ensure that the plans complement elements of public awareness as well as mechanisms to assist affected Parties in complaint resolutions. City understands that LACMTA requires flexibility in the execution of Construction phasing and traffic management planning and Construction sequencing which are necessary in order to secure, ensure and provide for public health and safety and functionality. All Construction staging plans, including related traffic control plans, shall be submitted to the designated City Representative for review and approval in accordance with Article 3 prior to implementation. Construction staging plans should be included or referred to in the Traffic Management Plan and any TTCPs and CDPs provided to the City, which may be amended from time to time as LACMTA determines that additional Construction staging areas are necessary.

To assist LACMTA in the coordination and the development of Construction staging plans, upon request by LACMTA, City will furnish to LACMTA during Design at the time required by LACMTA's schedule, the following information, in writing or when mutually agreed:

2.10.1 Worksite traffic control:
(a) The traffic lane requirements for streets impacted by Construction activities.
(b) Streets proposed for complete closure during Construction and the duration of the closure. Complete street closures require City approval in accordance with this Agreement and Exhibit B.
(c) Parking restrictions to be imposed during the Construction period. (d) Detours.
(e) Preliminary haul routes and overload routes and truck staging areas.

2.10.2 (a)
(b)
(c)
Rearrangements.
(d)
Rearrangements.

All relevant City Facilities information (other than streets):

City Facilities in which service must be maintained.

City Facilities in which service may be abandoned during Construction.

Proposed phasing or sequencing of Construction of
Rights-of-way that must be acquired for Replacement Facilities and LEGAL\34738711\3 Cooperative and Funding
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2.11 Assistance by City
Subject to reimbursement for costs as provided in Section 2.12, City agrees to assist LACMTA with planning, engineering, technical, analytical and administrative support services with respect to fire/life safety, police security, transportation engineering, civil and structural engineering, illuminating engineering, landscape, storm drain and sanitation engineering, public works inspection and in other areas when mutually agreed.

2.11.1 Fire/Life Safety. Assistance in the Design, Construction and operations planning of the Projects as it relates to fire prevention, fire suppression, and emergency preparedness with respect to fires or other major disasters. The assistance shall also include reviews for conformance of fire/life safety codes, standards and regulations. Fire Department representatives will be invited to participate as active members of LACMTAdesignated committees dealing with fire/life safety issues.

2.11.2 Police Security. Assistance in the Design, Construction and operations planning of the Projects as it relates to personal and property security, deterrence and detection of criminal activity and the apprehension of criminals. The assistance shall also include, if requested by LACMTA, participation by police department representatives as active members of LACMTA-designated committees dealing with police security.

2.11.3 Transportation Engineering. Assistance in the Design, Construction and operations planning of Project as it relates to facilitating movement of automobiles, buses, bicycles, and pedestrians into, through and from the Project. The assistance shall also include the review and approval of the Traffic Management Plan, temporary traffic signal, geometric striping, traffic signal software development, permanent traffic signal plans and monitoring installation of those prepared or installed by LACMTA's contractors and consultants in accordance with Work Plan, City will review plans for final geometric striping and signal plans for the Projects.

2.11.4 Illuminating Engineering. Assistance in the Design and Construction of Street Lighting Systems affected by the Project shall also include review and approval of contractor-prepared temporary street lighting and street lighting demolition plans as well as final restoration Street Lighting System Designs prepared by LACMTA's contractors and consultants.

2.11.5 Recreation and Park Engineering. Assistance in the design, Construction and operations planning of the Project as it affects recreational areas within the Project.

2.11.6 Civil and Structural Engineering. Assistance in design, design review, Construction, and operation of other City facilities.

2.11. 7 All Other Areas. Assistance in Design, Construction and operations of LEGAL\3473871 l\3 Cooperative and Funding
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other City Facilities.

2.11.8 General Services: Assistance through the provision of general services support (including, for the purposes of, among others, traffic monitoring, general surveillance, public affairs, media affairs, major incident response) to the extent that the City has resources available to provide said general services.

2.12 City Review of Any Project Design Submittals
The following requirements and process shall apply to City's review, comment and approval of any and all submitted plans, specifications, and shop drawings for the Project Facilities located within, on, under or over City Right-of-Way during the Design Review stages and for City review and comment regarding same. City agrees and acknowledges that all Design and Construction by LACMTA (or its consultants or contractors) pursuant to this Agreement shall conform to the standards and specifications set forth in herein.

The parties acknowledge that the Design has reached the 65% Design stage and that City's review and approval will be required for the 90% and 100% Design submittals.

2.12.1 Within ten (10) Days after receipt of a Design submittal for the Project Facility, (i) City shall inform LACMTA whether the plans and specifications are sufficiently complete for City review purposes, and (ii) if not sufficiently complete, City shall so notify LACMTA, or shall return the plans and specifications to LACMTA together with an identification of those portions that are not sufficiently complete and a description of the missing information listing the deficiencies. The City will have another ten (10) Days to determine the completeness of the re-submittal. If no such notice or return is received by LACMTA within such ten (10) Days, the plans and specifications shall be deemed complete and acceptable by City for review purposes.

2.12.2 Within thirty (30) Days after receipt of each submittal, City shall review the plans and specifications and either advise LACMTA that it has no comments, or transmit its consolidated comments to LACMTA, including all applicable comments from third - parties and City departments. City's consolidated comments will be submitted on a comment matrix and annotated plans as a single submission. The designated City Representative shall be responsible for consolidating all City-related comments from the applicable City departments and providing LACMTA one such set of its comments.

2.12.3 LACMTA will revise the applicable submittal to address the undisputed City comments and shall notify City within five (5) Days of any outstanding disputed comments. In the event there are outstanding disputed comments under this Section, LACMTA shall conduct a comment resolution meeting with the City within ten (10) Days of notification of the disputed comments, to address and resolve any such outstanding City comments. The designated City Representative shall participate in the comment resolution meeting and shall invite any support staff reasonably necessary to address and LEGAL\34738711\3 Cooperative and Funding
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resolve the outstanding comments at such meeting.

2.12.4 The provisions of this Section will also apply to any re-submittal of plans and specifications by LACMTA, whether in response to a City notice or return of incomplete plans and specifications, or in response to substantive City comments. Resubmittals shall include the City's comment matrix, City's annotated plans, and confirmation of comment resolution.

2.12.5 City shall engage the services of Staff or third party construction consultant(s) and a construction inspector at LACMTA's expense that are reasonably acceptable to LACMTA to assist City in the performance of its review and approval of Project design submittals in accordance with this Section 2.12 and its public works inspection services as contemplated in Section 1.1 hereof. LACMTA shall reimburse City for the reasonable out of pocket costs incurred by City for the services of Staff, consultant(s) and inspectors, provided such reimbursement shall be part of the total City Reimbursement Amount of Three Hundred Thousand Dollars ($300,000) which is included as part of the Project Cost (as defined herein). City's support services cost will not exceed this amount without prior written justification from City and approval from LACMTA. City shall be responsible for the costs of such Staff, consultant(s) and inspectors to the extent that such costs exceed the City Reimbursement Amount, subject to the potential additional reimbursement of such costs by LACMTA from any excess Project funds that are not required for the Project (up to the aggregate amount of $2,000,000 including any amounts paid to City for Betterments). City shall submit the invoices for Staff, consultant and inspection services to LACMTA on a monthly basis, together with approval and evidence of payment of the invoice by the City, and LACMTA shall reimburse City for such amount within thirty (30) days after submission of such invoice and evidence of payment.

2.13. Reserved.

2.14 Relocation of City Utilities and Private Utilities LACMTA shall provide a composite utility plan to City to be reviewed and approved in advance, and City and LACMTA shall jointly determine the priority of any utility conflicts.

City hereby agrees to exercise and invoke its rights under any applicable State franchise laws or under any applicable franchise agreements that it has with utility owners to effectuate such rearrangement or relocation at the expense of the affected utility owner as necessary to allow completion of the Project. Within 10 Days of receipt of LACMTA's written request, City will send a written notice to all utilities whose facilities conflict with the Project, instructing them to relocate or remove the conflicting facilities at utility owner's cost in accordance with City's Franchise Agreement with each such utility owner.

2.15 Engineer
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LACMTA has engaged a design engineer (the "Engineer") (which Engineer is Biggs Cardoso Associates, Inc., unless LACMTA designates a different design engineer for the Project) to prepare all Design work for the Project. LACMTA agrees to require Engineer to indemnify, defend and hold both LACMTA and City harmless for any work performed by Engineer under its contract for services to provide design and engineering services.

LAC MT A shall require that the Engineer's services conform to all professional engineering principles generally accepted as standards of the industry in the State of California, so that such design and engineering shall be suitable for the Project's intended purpose (as set forth in the California Streets and Highways Code, Chapter 20, Article 2, Section 2704.09) and shall be free of errors, omissions, inconsistencies, inaccuracies, deficiencies or other defects.

ARTICLE 3

PERMITS, CONSTRUCTION, AND PROPERTY RIGHTS

3.1 Community Notifications
The Contractor and LACMTA, in consultation with City, will be responsible for establishing public outreach programs to provide proper notifications to the affected communities prior to and during Construction. These notifications include but are not limited to public announcements in radio stations and local newspapers, changeable message signs, road advisory signs, community notice mailing, and posting of notices.

LACMTA shall require its contractors to schedule their activities so as to minimize Construction duration.

3.2 Permits

3.2.1 For this Project and pursuant to applicable Laws, City agrees to a Waiver of Permit Fees to cover work affecting the public Right-of-Way by LACMTA. City agrees that it shall not exercise permitting over LACMTA, and shall not require the payment of fees or the posting of bonds for the Project Facilities located within, on, under or over the City's Right-of-Way for the period of time in which this Agreement is in effect. LACMTA's plans and specifications for construction of the Project Facilities located within, on, under or over the City Right -of-Way shall be submitted for City's review and comment. Notwithstanding the foregoing, the City's Standards shall be adhered to by LACMTA as and to the extent set forth in this Agreement.

3.3 Waiver of Permit Fees

3.3.1 All work for the Project that is within or affects the City's Right-of-Way is subject to the waiver of permit fees set forth in this Agreement, including any portion(s) of private properties dedicated for public right of way purposes. This Article shall not relieve LAC MT A or its contractors from plan checks, permits, or inspections required by the Santa LEGAL\34738711\3 Cooperative and Funding
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Fe Springs Police Department, and plan checks, permits, or inspections required for fire and life or safety matters by the Santa Fe Springs Fire Department (i.e., hazardous materials soil removal, abatement of hazardous material storage tanks, special extinguishing systems, State Fire Marshal Code requirements, etc.).

3.3.2 Notwithstanding Section 3.3.1, the following fees will not be waived:
(a) Industrial Waste Discharge Permit; and
(b) Temporary Water Meter Fee.

3.4 Permit Process Conditions

3.4.1 The provisions of this Article do not apply to any utility company doing relocation work. Individual project construction contracts will require individual permits, such as excavation permits. This permit requirement will be waived upon the Effective Date for all advance utility work on behalf of LACMTA within the contract limits of work as shown on the Approved Plans. Change orders and new work on City Facilities not shown on the Approved Plans shall be reviewed and approved by the City prior to permit issuance.

3.4.2 Subject to the provisions of Section 2.14 above, LACMTAwill be responsible, as part of the Project, for any advance utility relocation work, including water, sewer, street, storm drain, street lighting, structural, traffic signal, striping, signing, fiber optic, telecommunication and other utility facilities affected by the Project. To the extent the utility owners fail to perform the required Design and Construction in connection with such utility relocation work, such work will be designed and constructed by LACMTA in accordance with City Standards and policies. To the extent the utility owners subsequently pay for all or part of such Design and Construction work pursuant to their City Franchise Agreements, or otherwise, City shall reimburse LACMTA for the actual costs it has then incurred in connection with the Design and Construction of the utility relocation work.

3.4.3 LAC MT A shall provide City with electronic imagery (photographs) in a format acceptable to the City for work performed in, on or around the City Facilities.

3.4.4 LACMTA shall provide "As-Built" drawings (as described in Section 4.4) within ninety (90) Days of the completion of the work on either temporary or permanent facilities.

3.4.5 LACMTA shall ensure that the design of all shoring and lateral support on public rights of way is performed in accordance with the California Department of Transportation -Trenching and Shoring Manual. LACMTA shall be responsible for the review and approval of designs for shoring and lateral support, including soils reports and engineering calculations. LACMTA shall submit a signed certification, with two sets of shoring, and lateral support system plans and calculations to the City not less than thirty LEGAL\34738711\3 Cooperative and Funding
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(30) Days prior to the start of Construction. All submittals shall be signed and stamped by a California Registered Engineer.

3.4.6 LACMTA shall require its contractors to submit their haul route and overload permit applications with route maps to the City for review and approval. Such submittal shall clearly state the proposed haul route(s), truck staging area(s), truck size, truck volumes/hour and the duration of the hauling operation and shall be submitted not less than thirty (30) Days prior to the actual commencement date of the hauling operations.

3.4.7 LACMTA shall ensure that all Construction work conform to the City's Construction Mitigation and Implementation Requirements for the Project. LACMTA shall require its contractors to provide advance notification to the City before implementing any street or sidewalk closures for which the Construction plans have been reviewed and approved by the City. LACMTA shall require that its contractors be responsible for installation, maintenance and removal of all traffic control devices and markings that may be required.

3.4.8 LACMTA shall obtain written approval from the City for any work impacting traffic on City streets or affecting existing traffic signal equipment or its operation in any way not covered by any pre-approved plan.

3.4.9 LACMTA shall require its contractor(s) to inform the City of Project emergencies or accidents that impact the operation of the City's surface street system.

3.4.10 LAC MT A shall require its contractors to minimize the number of City street closures. LACMTA shall direct its Contractors to strictly adhere to the City's directives regarding Construction during peak hours.

3.4.11 LACMTA shall not allow any City Right-of-Way to be used by its employees or contractors for the parking of personal vehicles unless otherwise specifically authorized in writing by the City.

3.4.12 LACMTA shall require its contractors to continuously provide safe and adequate pedestrian access and circulation throughout the Construction areas in compliance with the provisions of the Americans with Disability Act (ADA). Pedestrian crossings for streets at Construction areas shall be provided with adequate signage and street lighting to direct pedestrian traffic through the construction areas. To accommodate pedestrians, the minimum unobstructed temporary walkway width shall be 5 feet unless otherwise approved by the City.

3.4.13 LACMTA shall maintain pedestrian access and traffic circulation to all residences, businesses and schools adjacent to the Construction area. Accessible routes for physically disabled pedestrians shall be maintained at all times during Construction.

Temporary fencing and walking surfaces shall be approved by the City.

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3.4.14 LACMTAand its contractors shall take necessary measures to continuously control nuisance dust, in accordance with Regulation 403, "Air Quality Management District Standards", the "Standard Specifications for Public Works Construction", Sections 7-8.1 and 7-8.2, and with the Storm Water Pollution Prevention Plan ("SW PPP") for the Project.

3.4.15 LACMTA and its contractors shall ensure that discharges to the City's storm drain system comply with the requirements of the Regional Water Quality Control Board.

3.4.16 LACMTA shall ensure that its contractors comply with applicable local, state, and federal regulations for the disposal of wastewater caused by Construction activities or contaminated soil or water encountered during boring, excavation, and grading operations. All costs and other liabilities for these activities shall be borne by LACMTA and its contractors. Potentially contaminated soil or groundwater encountered shall be tested as necessary and mitigation and disposal measures shall be established and undertaken in accordance with applicable Law.

3.4.17 LACMTA and its contractors shall notify Underground Service Alert not less than two (2) Days or more than ten (10) Days before each excavation.

3.4.18 LACMTA, upon completion of the work subject to this Agreement, shall arrange for incremental subsurface and surface final inspections by notifying the City of what work is requested to be final inspected and which plan sheets and change orders are applicable. Thereafter, final inspection shall be made as soon as possible. If the work is found to be in compliance with the approved plans and specifications, the City will furnish its acceptance in writing. However, if corrective work is found to be necessary to conform to the plans and specifications, a final correction list will be issued by the City and LACMTA shall direct or perform such corrective work at its own expense. Further inspection will be required for any corrective work noted on the Punch List.

3.4 .19 Neither LACMTA nor any of its contractors shall engage in any Construction activity during the following times and days anywhere in the City:
(a) Before 8:00 a.m. or after 5:00 p.m. on Monday through Friday;
(b) Before 9:00 a.m. or after 5:00 p.m. on Saturday;
(c) All day on Sunday;
All day on New Year's Day, Martin Luther King's Birthday, President's Day, Memorial LEGAL\34738711\3 Cooperative and Funding
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Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving and Christmas Day, as these days are officially observed by the City.

LACMTA shall require its contractors to obtain written approval and permission from the City, in accordance with Section 3.13 below, before engaging in any Construction activity during any time or day when Construction activity is not authorized or permitted.

3.4.20 No utility disruption shall be permitted during the week of Thanksgiving or between December 15th and January 2nd unless approved in writing by the City Director of Public Works and all appropriate utility providers. In approving any such utility disruption, the Director of Public Works may impose conditions that, in the Director's sole discretion, mitigate the impacts of any such work so that it causes the least disruption and inconvenience to the public, including any affected neighborhood or business, and so that it is not detrimental to the public health, welfare and safety.

3.5 Work in City Streets and City Property

3.5.1 LACMTA shall give the City 48 hours advance written notice where the Project Construction requires work in City's Right-of-Way and shall allow City adequate time for review of relevant plans for such work in accordance with this Agreement, to the extent that the Approved Plans do not adequately describe such work. If the Approved Plans do not include the required work in the City Right-of-Way, LACMTA shall secure written approval of the additional plans from the City for all such work. City shall issue a Right of Entry to LACMTA and its contractors to permit the entry onto and use of the City property and City Right-of-Way for the Project Construction in accordance with the plans approved by the City.

3.5.2 LACMTAand its consultants and contractors performing work in City's Rightof-Way shall take all appropriate actions to ensure safe operations of the work and the continuance of service of City Facilities. City reserves the right to stop work, if public health and safety is at risk, as determined by the City staff.

3.5.3 City, after consultation with LACMTA, may require, if LACMTA's contractors fail to perform work called for by the Approved Plans and required by any authorizations issued by City in connection with such work consistent with such Approved Plans, upon notice (non-compliance citation) from City, that contractor shall promptly commence to cure its failure. If the contractor fails to cure or is not diligently prosecuting such cure to completion, City shall notify LACMTA. Upon receipt of notice from City, LACMTA shall cause the contractor to cure its failure within the requested time.

3.6 Temporary and Permanent City Street Closures
LACMTA and the City may agree that a street, highway, bridge, sidewalk or other City Right-of-Way be temporarily closed for the necessity and convenience of the Project.

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Any such closure must comply with Articles 3.4.12 and 3.4.13. Nothing in this Article shall preclude the City from requesting that certain streets not be closed to accommodate "Special Events" utilizing those streets, such as parades, and LACMTA shall cooperate with City to accommodate such requests. LACMTA, its consultants, and contractors will cooperate with City to minimize closures of City Right-of-Way. The City will notify LAC MT A and its contractors as to all known major events thirty (30) Days prior thereto.

3.7 State and Federal Requirements

3.7.1 Nothing in this Agreement shall be deemed to abridge any applicable federal or State law or State agency authority regarding permits, orders, licenses and authorizations that may be required or available in connection with the design and Construction of the Project.

3.7.2 The California Public Utilities Commission ("CPUC") has jurisdiction over establishment of street and pedestrian crossings with rail transit tracks, their subsequent maintenance or alteration, and their operation. Formal application for establishment or alteration of said crossings is required by the CPUC. Unless otherwise agreed between LACMTA and City, LACMTA may prepare, subject to concurrence and agreement by City, appropriate CPUC plans and applications thereof.

3.8 Grant of Rights
If, prior to LACMTA's scheduled date of commencement of work in a section or portion of the Project, any Rearrangement is necessary to eliminate a conflict, City may grant to LACMTA or its designee sufficient rights, if necessary, to allow LACMTA to proceed with investigation of existing conditions and the Construction of that section or portion of the Project in accordance with LACMTA's schedule; provided, however, that such grant does not unreasonably and adversely interfere with provisions of City's services to the public, or affect public health and safety; and provided further, that City is authorized under applicable law to grant such right.

3.9 Replacement Rights-of-Way

3.9.1 City agrees to grant any temporary construction easements that may be required for Construction and/or operation of Project subject to this Agreement (including both temporary and permanent easements and other interests), without requiring LACMTA or LACMTA to go through the appraisal, negotiations, offer, closing and transfer process, as permitted by applicable Law. LACMTA will prepare or cause to be prepared, the title documents and documents of conveyance. If City agrees to such a conveyance, said documents will be transmitted by LACMTA's Representative to City's Representative who shall process them through the required departments for execution and return them to LACMTA within 90 Days after receipt, but in any event in accordance with the applicable Project schedule.

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3.9.2 City agrees and acknowledges that this Agreement satisfies any LACMTA or LACMTA obligations to City relating to the certification of rights of way, and that City shall cooperate with LACMTA and LACMTA, and assist LACMTA and LACMTA, with any right of way certification processes involving other entities or agencies.

3.9.3 LACMTA agrees to consider or cause LACMTA to consider requests by City to convey to City at no cost to City, any street crossings, slivers, remnant property, surface easements and temporary construction easements that may not be required for Construction and/or operation of Project subject to this Agreement (including both temporary and permanent easements and other interests), without requiring City to go through the appraisal, negotiations, offer, closing and transfer process. City will prepare or cause to be prepared, the title documents and documents of conveyance. Said documents will be transmitted by City's Representative to LACMTA's Representative who shall process them and return them to City within 30 Days after receipt, but in any events in accordance with the applicable Project schedule.

3.9.4 LACMTA agrees and acknowledges that this Agreement satisfies any City obligations to LACMTA relating to the certification of rights of way, and that LACMTA shall cooperate with City, and assist City, with any right of way certification processes involving other entities or agencies.

3.10 City Licenses within the Project Right-of-Way Owned by LACMTA If a Rearrangement is made so that the Replacement Facility will be located within a Project Right-of-Way owned by LACMTA, LACMTA shall provide (or cause LACMTA to provide) City with an equivalent property right, if necessary, to accommodate the Replacement Facility, reasonably satisfactory to City. The parties agree that in accepting such an equivalent right and in releasing its existing rights, City shall acquire reasonable rights to install, operate, maintain and remove City Facilities, including the Replacement Facility, to the same extent as the City previously exercised.

3.11 Temporary LACMTA Facilities
Temporary Facilities may be necessary to facilitate Construction of the Project (including Rearrangements). LACMTA or its designee may use, without cost, lands owned or controlled by City for any Construction related purpose, including, but not limited to, the erection and use of Temporary Facilities thereon; provided that, City shall first approve in writing the availability, location and duration of the Temporary Facilities. Upon completion of the related Construction and LACMTA's determination that the Temporary Facilities no longer are needed, LACMTA shall remove all Temporary Facilities and restore the area to its original condition unless LACMTA and City mutually agree otherwise. If this agreed upon duration of a Temporary Facility has expired, the City reserves the right to request turning over the City owned land at any LEGAL\34738711\3 Cooperative and Funding
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time prior to completion of the Project. LAC MT A shall return the land to the City within forty (40) Days from the requested date and restore the area as much as practicable to its original condition, unless otherwise agreed to in writing by the City.

3.12 Temporary City Facilities
In the event that Temporary Facilities are necessary to effect a Rearrangement being constructed by City, City or its designee may use, without cost, lands owned or controlled by LACMTA for the purpose of using or erecting Temporary Facilities thereon; provided that, LACMTA shall first approve in writing the availability, location and duration of the Temporary Facilities. Upon completion of the re~rrangement in its permanent location, City shall, within forty (40) Days from the requested date, remove all Temporary Facilities and restore the area as nearly as practicable to its original condition unless City and LACMTA mutually agree otherwise in writing.

3.13 Night, Weekend, Early Hours and Holiday Construction Activity LACMTA and its contractors shall not perform any Construction activity during any time or day not permitted by this Agreement or applicable Law, unless LAC MT A or its contractors obtain the prior written approval of the Director of Public W arks. The Director of Public Works may approve such Construction activity if the Director determines that the construction activity during the requested times or days is in the best interests of the City, that this construction activity will substantially expedite the construction of the Project or that it will further the public welfare. In approving the construction activity, the Director of Public W arks may impose conditions that, in the Director's sole discretion, mitigate the impacts of the Construction activity so that it causes the least disruption and inconvenience to the public, including any affected neighborhood and business, and is not detrimental to the public health, welfare and safety.

ARTICLE 4

EFFECTING REARRANGEMENTS

4.1 LACMTA Construction of Rearrangements
Unless otherwise agreed between the Parties, LACMTA shall perform all Construction of Rearrangements that are reflected in the Approved Plans.

If changes in the Approved Plans are necessary to reflect any required Rearrangements not reflected in the original Approved Plans, LACMTA shall first submit such changes to City for review and approval before Construction. City shall respond to any such submittal in accordance with the provisions of Section 2.12 of this Agreement.

LACMTA shall notify the City prior to performing any Rearrangement work. The City will inspect and test backfills for utilities within City Rights-of-Way as well as all City Facilities LEGAL\34738711\3 Cooperative and Funding
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owned or operated, or to be owned or operated by the City. construction is involved, or traffic control devices are impacted, arrange for inspection by calling the City,

4.2 City Construction of Rearrangements
When traffic signal
contractor must also
If the Parties mutually agree that City shall perform Construction of a specific Rearrangement, LACMTA shall issue a Work Order to City for such Construction and the following provisions shall govern:

4.2.1 City shall not commence work without issued LACMTA Work order. City shall commence and thereafter diligently prosecute the Construction of such Rearrangement to completion as authorized by Work Order, in conformance with the Design plans and specifications prepared and approved pursuant to Article 2 of this Agreement and in conformance with the time schedule set forth in the Work Order. Such Construction shall coincide closely and be coordinated with LACMTA's Construction schedule for the Project, including the schedule for Construction of Rearrangements of other utility, cable, pipeline, and other facilities in the same segment or portion of the Project. City shall coordinate its work with other facility owners and contractors performing work that may connect, complement or interfere with City's work hereunder or with City Facilities.

4.2.2 City shall notify LACMTA at least five (5) Days prior to commencing each Rearrangement so that LACMTA may make arrangements for inspection and record keeping.

4.2.3 All work by City's forces or its contractors pursuant to this Article 4 of this Agreement shall comply with the environmental controls established in the General Contract, including without limitation construction noise and vibration control, pollution controls, archeological coordination, and paleontological coordination.

4.3 Maintenance
In accordance with the C&M Agreement, City shall assume responsibility for operation and maintenance of the Overpass upon the Substantial Completion thereof.

4.4 "As-Built" Drawings
LACMTA and City shall each maintain a set of "As-Built" plans of Rearrangements performed by LACMTA and City, respectively, during the progress of construction. "Red line mark ups" for temporary lighting systems, traffic signal systems, and other City facilities shall be submitted to the City within ten (10) working days of construction. All design changes shall be documented on RFI/RFC forms. The contractor shall update the contract plans with the City-approved changes. The City representative shall meet with LEGAL\34738711\3 Cooperative and Funding
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LACMTA and its contractor once a month, prior to LACMTA's approval of the contractors monthly progress payment, to check and verify that as-built plans are being maintained by the contractor and that contract plans are being updated with all approved design changes. LACMTA's approval of contractor's progress payment may be subject to updating and maintaining a complete set of as-built drawings.

LAC MT A shall arrange for the transfer of as-built information on the Approved Plans electronic files in electronic format. Upon completion of the Rearrangement work, the Party that performed the work shall furnish the other Party with reproducible "as-built" drawings showing all Replacement Facilities installed by the performing Party, within sixty (60) working days after completion of work for each set of plans. All "as -built" plans (whether provided by LACMTA, by Consultant, or by Contractor) shall be in a format, which conforms to the electronic formats of the following:

Under this Agreement, LACMTA shall provide the listed below documents:

Street Improvements Plans - AutoCAD, plot style files and hard copies to be scanned as PDF w/ 300 DIP min. after all signatures.

Storm Drain plans -AutoCAD, plot style files, and hard copies to be scanned as PDF w/ 300 DPI min. after all signatures.

Sewer plans - AutoCAD, plot style files and hard copies to be scanned as PDF w/ 300 DPI min. after all signatures.

Street Light Plans -AutoCAD, plot style files and hard copies to be scanned as PDF w/ 300 DPI minimum after all signatures.

Street Landscape Plans - AutoCAD and hard copy after all signatures.

Traffic signal, signing and striping plans -AutoCAD, 2016 files compliant to City Standards, Pdf, latest version, as approved by the City, and plot style files latest version, as approved by City and plot style files compliant to City Standards, PDF style files (e.g., pen tables, plot settings), and original signed Mylar sheets.

All other plans - AutoCAD and hard copies to be scanned as PDF w/ 300 DPI minimum after all signatures.

4.5 City Activities
If City, at City's cost, plans to undertake or authorize any activities, during the period of Construction of the Project, within or near any portion of a Project Right-of-Way (including without limitation construction of new facilities, repairs or modifications to existing facilities, parades, and similar activities) City will coordinate such activity with LEGAL\34738711\3 Cooperative and Funding
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LACMTA to minimize impact, delay or interference with such Construction, and LACMTA shall reasonably cooperate with City with regard to same.

ARTICLE 5

CITY CONSTRUCTION, INSPECTION AND SUPPORT SERVICES

5.1 Construction Support and Services
In accordance with the provisions of Section 2.11 entitled "Assistance by City," City shall provide construction, inspection and support services, including:
i) City construction inspection services and acceptance; ii) Change order review and approval for City Facilities; iii) Review and approval of required material and shop drawing submittals by the appropriate City office for City Facilities;
iv) Timely responses to requests for information;
v) Traffic and detour management;
vi) Miscellaneous permitting and haul route approvals;
vii) Other support and services, as requested or necessitated; and viii) Review of all Fire/Life Safety plans and field inspection.

City shall be reimbursed for the costs of the foregoing support services, together with the costs of the consultants and inspectors engaged by the City pursuant to Section

2.12, by LACMTA in an aggregate amount up to the City Reimbursement Amount (as defined in Section 2.12). If the costs of the foregoing support services, together with the consultant and inspector costs incurred by the City under Section 2.12, exceed the City Reimbursement Amount, the excess costs shall be borne by the City without reimbursement by LACMTA; provided, however, if the Project budget has excess funds after completion of the Project, then LACMTA will make available such excess funds to reimburse City for such excess costs (subject to the maximum aggregate amount of $2,000,000, as provided in Section 2.6.1 hereof, that will be made available for both expense reimbursement to City and for the cost of any required Betterments). City shall submit the invoices for such support services to LACMTA on a monthly basis, together with approval and evidence of payment of the cost of such services by City, and LACMTA shall reimburse City for such costs within thirty (30) days after submission of such invoice and evidence of payment.

5.2 Inspection by City

5.2.1 LACMTA will provide City an initial schedule of its planned technical audits or inspections for Construction activities and updated audit and inspection schedules on a monthly basis. LACMTA shall provide City with at least two (2) weeks advance LEGAL\34738711\3 Cooperative and Funding
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written notice of any changes to audit and inspection schedule dates or times shown on the current LACMTA audit and inspection schedule. City or its authorized representatives may attend and observe any audits or inspections conducted by LACMTA. All audits and inspections shown on LACMTA's schedule shall be scheduled, planned, performed, followed up as necessary, and closed out by LACMTA. A copy of the audit and the corresponding corrective/preventative action plans shall be submitted to City. LACMTA shall submit close out reports that demonstrate how and when corrective action was completed for each non-conformance.

5.2.2 LACMTA shall permit City, or its authorized representatives, to enter the Project site for the purpose of conducting inspections during the performance of Construction through such time as LACMTA has conveyed the completed Project to the City pursuant to Section 7.3; provided, however, that such inspections shall take place in accordance with this Section 5.2.2. The City shall defend, indemnify, and hold harmless LACMTA and LACMTA's contractors from and against all losses, costs, damages, claims, and liabilities (whether arising out of injury or death to persons or damage to the Project or otherwise) including, but not limited to, costs of remediation, restoration and other similar activities, mechanic's and materialmen's liens and attorneys' fees, arising out of or in connection with City's (or its authorized representative's) negligence or willful misconduct in inspecting the performance of Construction as provided herein. The following provisions are applicable to such inspections:
(i) If flagging is required for the such inspections, the City shall provide no less than thirty (30) days advance written notification to LACMTA's Project representative; and
(ii) If flagging is not required to perform the inspection, City may inspect any portions of LACMTA's work at any time during normal business hours, provided that such inspection shall be conducted in a manner so as cause the least interference as reasonably possible with the construction of the Project. If City's inspections require the use of any equipment or machinery, City shall provide LACMTA with three (3) days advance written notification, describing the nature of the planned inspection, and identifying any equipment or machinery to be used.

If any of City's inspections indicate that there are construction work elements that are not in conformance with the requirements of this Agreement, it shall within a reasonable period of time, provide a written notification (a "Non-Conformance Notification") to LACMTA. Any such Non-Conformance Notification shall include an explanation to the City's knowledge of how the construction elements in question do not conform to requirements contained in specific section(s) of this Agreement, approved designs, or any construction standards referenced in this Agreement. LACMTA shall provide a written response to any such Non-Conformance Notification within five (5) days of receipt. LACMTA's response will either a) clarify its interpretation of the applicable LEGAL\34738711\3 Cooperative and Funding
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requirements if it does not believe that the construction work needs to be changed, or b) state the nature of corrective work to be performed, or c) request a meeting with City to review the construction work in question. If City does not agree with any interpretations of the applicable requirements provided in LACMTA's response, and believes that the construction work needs to be corrected, it may request a meeting with LACMTA to review the construction work in question. In any instances where City and LACMTA are not able to resolve the construction issues to their mutual satisfaction through the processes described above, either City or LACMTA may initiate the dispute resolution processes provided in Section 13.2.

5.3 Reproducible Contract Documents
LACMTA and City agree to provide the other with suitable reproducible copies of final contract documents which they have prepared or caused to be prepared to govern the performance of a given construction project by a contractor of either Party so that each Party may compile a complete set of contract documents. Each Party shall prepare or cause to be prepared the contract documents for which it is responsible in accordance with its drafting standards, as mutually agreed to by the Parties.

ARTICLE 6

PROJECT WORK BY CITY
In addition to specific Rearrangements which City may construct pursuant to Section 4.2 of this Agreement, LAC MT A and City may mutually agree that City shall design and construct, or cause to be designed and constructed, certain Project facilities (or components thereof), including coordination and interface between City infrastructure and facilities and the Project. In such event, design and construction for such work shall proceed as follows:

6.1 Standards
All design and construction by City (or its consultants or contractors) pursuant to this Article shall conform to the standards and specifications set forth in this Agreement and the environmental documents.

6.2 Work Order for Design
When mutually agreed between LACMTA and City, LACMTA shall issue a Work Order to City, within 60 Days of City's request for such Work Order, for the design of such Project facilities (or components thereof).

6.3 Design
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If City agrees to perform the design work, upon completion of the initial design, City shall provide LACMTA with a preliminary estimate of the Cost of the construction work, and City's estimate of LACMTA's share of such Cost, together with preliminary plans, specifications, and draft bid package. Upon LACMTA's approval thereof, City shall finalize all of the foregoing. LACMTA reserves the right to reject the preliminary plans, specifications and draft bid package. In the event LACMTA rejects the preliminary plans, specifications and/or bid packages, LACMTA shall reimburse City for all reasonable costs incurred in preparing the plans, specifications and bid package.

6.4 Procurement
Upon LACMTA's approval of the final plans, specifications, bid package and construction cost estimate, City shall advertise the contract for bids in accordance with applicable Law and consistent with the applicable procurement requirements for LACMTA.

City shall inform LAC MT A of LACMTA's share of the Cost, based upon the winning bidder's unit prices, and shall furnish LACMTA with copies in accordance with applicable Law of the extract of bids, together with sets of the final plans and specifications. LACMTA shall have the right to require a minimum number of bids, to specify certain of the Parties to whom bid requests are submitted, to review the bids, and to approve the contract award recommendation prior to presentation to the City Council for award of the contract. City shall not award a contract until the lowest responsive responsible bidder has been approved by LACMTA. LACMTA reserves the right to request rejection of all bids, however, LACMTA shall reimburse the City for all reasonable design and review costs incurred by the City.

6.5 Construction by Contractor
After review and approval of the bids by LACMTA, LACMTA shall issue a Work Order to City for City staff work. City shall notify LAC MT A of the amount of advance monies needed to award the contract and monies for contract progress payments thereafter.

LACMTA shall reimburse the City pursuant to the terms of this Agreement or as mutually agreed within the Work Order. City shall thereafter obtain LACMTA's approval for modifications to the contract which will affect the Project. City shall inform LACMTA promptly when City has reason to believe that the cost estimate is likely to be exceeded, and shall obtain LACMTA approval prior to granting of any such increase.

6.6 Construction by City Forces
Should City and LACMTA agree that work may be performed by City forces, the cost estimate to perform the work and LACMTA's share thereof shall be furnished to LACMTA for approval. LACMTA reserves the right to reject such cost estimate but shall reimburse the City for all costs of the work performed up to that point. Upon LACMTA's approval of the cost estimate and design, LACMTA shall issue a Work Order to City for the City's cost of design and construction. The Work Order shall also reimburse the City LEGAL\34738711\3 Cooperative and Funding
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for all costs that City incurred prior to issuance of the Work Order by LACMTA, if the work is authorized by LACMTA. City shall obtain LACMTA's prior approval for any changes from the approved Design or increase to the approved cost estimate.

6.7 Inspection
All Construction performed by a contractor for the City pursuant to this Article shall be subject to inspection in accordance with the provisions of Articles 2 and 5 of this Agreement. City inspection services on the work performed pursuant to this Subsection shall be authorized by Work Order and shall be reimbursable in accordance with the procedures set forth in Article 5 of this Agreement.

6.8 Reports and Invoices
City shall furnish to LACMTA a monthly progress and accounting report for the work performed pursuant to this Article in a mutually agreeable format. Upon request by LACMTA, City shall additionally furnish an invoice and request for payment based on the Cost of the Construction work performed, in accordance with Article 8 of this Agreement.

6.9 Requirements

6.9.1 All Design, Construction and other activities to be performed by City pursuant to this Article shall be carried out in conformance with the time schedule(s) set forth in the applicable Work Order. Such schedules shall accommodate variables, including changes in the contractor's schedule, availability of information, [or passage of a Proposition 218 vote for Lighting System Work.] Such time schedule(s) shall coincide closely and be coordinated with LACMTA's schedule for the Project. City shall coordinate its work with other facility owners and contractors performing work that may connect, complement or interfere with City's work pursuant to this Article or with the Project Facilities (or components thereof) being constructed by City.

6.9.2 All work by City's forces or its contractors pursuant to this Article shall comply with the environmental controls established in the construction contract between LACMTA and its contractor for the Project, including without limitation construction noise and vibration control and pollution controls.

ARTICLE7

PROJECT CLOSEOUT AND TRANSFER TO CITY

7.1 Project Closeout
LACMTA is responsible for the project closeout. Upon completion of the Project, LACMTA shall provide City with electronic as-builts received from LACTMA's contractor as set forth in Sections 3.4.4 and 4.4. Upon receipt of a certificate of Substantial LEGAL\3473871 l\3 Cooperative and Funding
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Completion from LACMTA's contractor, LACMTA will provide certificate of Substantial Completion of the Project to City. Following receipt of a certificate of Substantial Completion from LACMTA, City shall, within thirty (30) days thereof, either (a) deliver a notice of final acceptance of the Project to LACMTA, or (b) deliver a Non-Conformance Notification to LACMTA if City believes there are construction work elements that are not in conformance with the requirements of this Agreement. Any Non-Conformance Notification shall satisfy the requirements of, and be handled in accordance with, the provisions of Section 5.2. Upon completion of any corrective work that may be performed in connection with a Non-Conformance Notification, City shall deliver a notice of final acceptance of the Project to LACMTA. The date upon which LACMTA has received a notice of final acceptance from City shall be the "Date of Final Acceptance" under this Agreement. Within twenty (20) days following the Date of Final Acceptance, City shall execute and deliver to LACMTA, and CHSRA a general release of claims in favor of LACMTA and CHSRA (including a California Civil Code Section 1542 waiver as to all known and unknown claims) with respect to the design and construction of the Project, which release shall be in form and substance reasonably satisfactory to LACMTA. and CHSRA.

7.2 Excess Property
Upon completion of the Project, LAC MT A will consult with City to determine if there is any real property that was purchased for the Project but is not needed for the operation and maintenance of the Overpass and that is not subject to an option in favor of CHS RA to acquire a portion thereof for CHRSA's right of way (the "Excess Property"). To the extent LACMTA and City identify any Excess Property, LACMTA will sell such Excess Property on such terms and price as it determines, in its sole discretion. The net proceeds from sales of real property to CHRSA for its right of way, and the net proceeds from the sale of any Excess Property, will be applied first to reimburse LACMTA, City, BNSF, CHSRA and Caltrans, for their proportionate shares of any Project overruns they have previously funded (or to provide funds for any unfunded cost overruns) with any excess net sales proceeds to be paid 50% to LACMTA and 50% to CHRSA.

7.3 Transfer of Completed Project to City
Upon the Date of Final Acceptance of the Project, and after determination of any Excess Property, LACMTA will convey to City all of LACMTA's right, title and interest in and to (a) the Project site, less any Excess Property, (b) all new and previously existing infrastructure located on the Project site, whether constructed as part of the Project or otherwise, (c) the Project Warranties, and (d) any other rights or interests obtained by LACMTA for the purpose of completing the Project. Upon the Date of Final Acceptance, City will assume responsibility for all repairs and maintenance of the Overpass and City will have the right to enforce all Project Warranties. LAC MT A will prepare drafts of transfer documents for conveying the Project to City for City review. City will review the draft LEGAL\34738711\3 Cooperative and Funding
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transfer documents within 15 days after submission by LACMTA and LACMTA will resubmit such transfer documents to City for final approval as soon as possible after submission of comments from City. Upon final approval of the transfer documents, and subject to the receipt of the release required by Section 7.1 above, LACMTA will execute and deliver the conveyance documents to City.

ARTICLE 8

REIMBURSEMENTS TO CITY

8.1 Reimbursements to City
LACMTA shall reimburse City for services performed in accordance and pursuant to Section 2.12.5 in the manner provided by this Agreement. Except with respect to Betterments, the issuance of a Work Order shall obligate LACMTA to reimburse City in the manner provided by this Agreement. The term "Cost" shall mean the direct and indirect costs actually incurred by City for activities or work performed or materials acquired in accordance with the terms of this Agreement, less credits to LACMTA as provided in this Agreement. Direct costs shall include allowable direct labor costs spent specifically for work performed under this Agreement by approved and designated positions and/or individuals. Indirect costs shall be computed based upon the Indirect cost Rates approved annually for the City by its cognizant agency (currently the United States Department of Labor pursuant to Circular A-87 of the Office of Management and Budget and Publication OASC-10), for allocation to Federally funded or State funded contracts . Unless the Internal Revenue Service and the California Public Utilities Commission issue regulations or rulings to the contrary, reimbursable costs will not include taxes purportedly arising or resulting from LACMTA's payments to City under this Agreement. Notwithstanding and in lieu of the foregoing, a fixed price for certain Design and/or Construction by City may be established upon mutual agreement of the Parties, as set forth in the applicable Work Order. Any such fixed price shall include all applicable credits due pursuant to this Agreement with respect to such work.

8.2 Reimbursements for Abandoned Facility
In those cases in which LAC MT A and City agree that the construction of the Project will eliminate the service need for a specific Conflicting Facility, LACMTA shall not be required to replace or compensate City for the Conflicting Facility, in which case LACMTA shall compensate City only for necessary Costs incurred in abandoning the Conflicting Facility; provided, however that LACMTA shall not be responsible for any Abandonment or other Costs relating to the presence or existence of any environmental hazard on, in, under or about a Conflicting Facility or other City Facility, including but not limited to any "hazardous substance" as that term is defined under the Comprehensive Environmental Response, Compensation and Liability Act unless LACMTA or its contractor caused the environmental hazard through its actions.

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ARTICLE 9

REIMBURSEMENTS AND CREDITS TO LACMTA

9.1 Survey & Review of Records
The amount of credits or payments, as applicable, due to LACMTA for salvage shall be mutually agreed on by LACMTA and City based upon applicable books, records, documents and other data of City. To assist in the determination of credits or payments due, LACMTA under this Agreement, LACMTA and City may conduct an inspection survey of each Conflicting Facility during the Design stage. Pursuant to this Agreement, City shall provide LACMTA with drawings, plans or other records necessary to conduct such survey.

The survey shall describe the physical attributes, date of construction or installation and present condition of each Conflicting Facility; shall report the expected service life of each Conflicting Facility as derived from City's records; and shall state whether City intends to salvage materials contained in each City Facility.

9.2 Salvage
As applicable, salvage credit shall be allowed or City shall pay for salvage, for items of materials and equipment recovered from existing City Facilities that the City intends to re-use, in the performance of Construction work specified herein. The amount of salvage credit or payment, if any, shall equal the depreciated value of like or similar materials as determined by mutual agreement, plus storage and transportation costs of such materials salvaged for City's use as directed by the City.

ARTICLE 10
INDEMNITY; PROJECT WARRANTIES & INSURANCE

10.1 Indemnity

10.1.1 LACMTA agrees to indemnify, defend and hold harmless City, its officers, City Council members, officials, board and commission members, agents and employees from and against any and all liability, expenses (including engineering and defense costs and reasonable legal fees), claims, losses, suits and actions of whatever kind, and for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with LACMTA's performance hereunder.

10.1.2 City agrees to indemnify, defend and hold harmless LAC MT A, and CHSRA, and their respective members, agents, officers, board members and employees from and against any and all liability, expenses (including engineering and defense costs and reasonable legal fees), claims, losses, suits and actions of whatever kind, and for LEGAL\34738711\3 Cooperative and Funding
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damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury or property damage arising from or connected with City's performance hereunder. Upon the Date of Final Acceptance of the Project, City shall provide a waiver and release of all claims in favor of LACMTA and CHSRA in connection with the Design and Construction of the Project, and LAC MT A shall assign to City any warranties provided by LACMTA's contractors performing work in connection with the Construction.

10.1.3 In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being Parties to an agreement (as defined by Section 895 of said Code), the Parties hereto, as between themselves pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such party would be responsible under Section 10.1 hereof. The provisions of Section 2778 of the California Civil Code are a part hereof as if fully set forth herein.

10.2 Warranties and Insurance

10.2.1 LAC MT A shall not be required to provide any public improvements bond to City in connection with excavations in or adjacent to City rights-of-way. LACMTA shall obtain a warranty from its contractors with respect to any work affecting the structural stability of City rights-of-way that such work shall be free from material defect for a period of one (1) year from and after the completion of such work in accordance with the terms of the construction contract. Such warranty shall be for the benefit of both LACMTA and City. On the Date of Final Acceptance of the Project, LACMTA shall assign to City all of its rights under the contractor's warranty so that City shall have the right to directly pursue the contractor for any claims during the warranty period.

10.2.2 In connection with the design and construction of the Project, and any Rearrangements performed by LACMTA or its contractors, LACMTA shall obtain warranties from its contractors under the construction contract that any work performed by such contractors shall be free from material defect for a period of one (1) year from and after Substantial Completion of the Project. Such warranties shall be for the benefit of both LACMTA and City. On the Date of Final Acceptance of the Project, LACMTA shall assign the contractor warranties to City so that City shall have the right to directly pursue the contractor for any claims during the warranty period. Prior to transfer of the Project warranties to City pursuant to Section 7.1, LACMTA shall use its commercially reasonable efforts to enforce the Project Warranties as necessary; provided, however, that following the transfer of the Project warranties to City, such enforcement shall be the sole responsibility of City and LACMTA shall have no further obligation or liability under this Section 10.2. LACMTA makes no warranties with respect to the Project.

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10.2.3 The construction contract or any other contract entered into by City in connection with a Rearrangement or with work on Project Facilities performed by City pursuant to Article 6, shall contain a provision which requires the general contractor, as part of the liability insurance requirements, to provide an endorsement to each policy of general liability insurance which names City and LACMTA as additional insureds. Unless otherwise mutually agreed by the Parties or as otherwise set forth in the terms of other contracts entered into by LACMTA with the contractor for design and construction of the Project, construction general contractors shall provide evidence of insurance in the following amounts: $5,000,000 in General Liability, $1,000,000 in Workers' Compensation/Employer's Liability, and $1,000,000 Combined Single Limit (CSL) in Auto Liability. Unless otherwise mutually agreed by the Parties, Design contractors shall provide evidence of insurance in the following amounts: $5,000,000 in General Liability, $1,000,000 in Workers' Compensation/Employer's Liability, $1,000,000 CSL in Auto Liability, and $1,000,000 in Professional Liability. No insurance shall be reduced in scope or cancelled without thirty (30) Days prior written notice to LACMTA and City.

10.2.4 In connection with Rearrangements and City projects and any work performed by City or its contractors, City and LACMTA may require their respective contractors to secure payment and performance bonds, or other equivalent sureties, naming both City and LACMTA as an additional obligee or co-beneficiary, as appropriate.

Such bonds shall be issued by a California licensed surety.

ARTICLE 11

CITY FUNDING OBLIGATIONS

11.1 City Funding.

City is anticipating the award of CPUC Section 190 Funds from the State of California in the amount of $15,000,000 for the Project. Contingent upon the receipt of such Section 190 Funds by City, City will contribute the entire $15,000,000 of Section 190 Funds ("City's Share") towards the total actual costs of the Design and Construction of the Project (the "Project Cost"). Additionally, local, state and federal funds will be used in the Design and Construction of the Project, including, without limitation, funds from the other Funding Entities. The total cost of the Design and Construction for the Project is presently estimated to be One Hundred Fifty Five Million Three Hundred Thousand Dollars ($155,300,000) (the "Estimated Total Project Cost"). Contingent on the receipt of the Section 190 Funds, City will make payment to LACMTA in full of the City's Share upon receipt of a detailed invoice of the final Project Cost. The Estimated Total Project Cost includes a 20% construction contingency in addition to a 10% cost contingency. Any savings in line items of the Estimated Total Project Cost may be re-allocated by LACMTA LEGAL\34738711\3 Cooperative and Funding
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to the contingency line item. LACMTA shall have the right to use any amount of the contingency in the Estimated Total Project Cost as LACMTA deems necessary or appropriate to cover actual costs incurred in the Design and/or Construction of the Project.

If the actual Project Cost is less than the Estimated Total Project Cost, so that there are excess funds in the Project budget funded by the Funding Entities, LACMTA agrees to allocate up to an aggregate amount of $2,000,000 from such excess funds to reimburse City for the reimbursement of costs incurred by City, as provided in Sections 2.6.1 and 5.1 hereof
If the actual Project Cost exceeds the Estimated Total Project Cost, including the contingency line item amount, as a result of unforeseen delays, hidden conditions, cost overruns, excess property acquisition costs or other events, LACMTA shall, as soon as feasible, notify City and other Funding Entities of the amount of such excess Project Cost and specify the reason or reasons for such excess Project Cost being required.

LACMTA shall be authorized to proceed with any work on the Project only to the extent required for the safety of persons or property or to preserve the value or condition of the existing work in progress; however, LACMTA shall defer any other additional work that is in excess of the Estimated Total Project Cost but is not necessary work that is otherwise permitted by this provision unless and until the Funding Entities agree to pay for such additional work.

11.2 LACMTA Contingency.

Notwithstanding anything to the contrary set forth in this Agreement, City acknowledges and agrees that LACMTA's ability to perform its obligations under this Agreement is entirely dependent upon the performance by City and each of the other Funding Entities of their respective obligations under this Agreement, the C&M Agreement, and under the applicable funding agreements with the Funding Entities (each, a "Funding Agreement"). Therefore, LACMTA's performance under this Agreement is expressly conditioned upon the performance of City and each other Funding Entity of its respective obligations under this Agreement, the C&M Agreement, and any Funding Agreements, as applicable. In the event of a failure or default of any party other than LACMTA under any such agreement, any delay or failure of LACMTA or LACMTA's contractors to perform in accordance with the requirements of this Agreement and/or the C&M Agreement shall be excused for so long as such failure or default continues.

ARTICLE 12

WORK PLANS, DEADLINES & DELAYS, INVOICES & OVERTIME

PROCEDURES FOR WORK ORDERS, AUDIT & INSPECTION

12.1 Work Performed by City
All work to be performed by City under this Agreement, as approved by LACMTA in LEGAL\34738711\3 Cooperative and Funding
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an applicable Work Plan per Article 6 shall coincide closely with LACMTA's Design and Construction schedule for the Project. Consistent with its own staffing and workload requirements, City shall allocate sufficient staff and other resources necessary to provide the level of service required to meet the Project scope of work and schedules, subject to reimbursement for such costs as provided in this Agreement.

12.2 Intentionally Omitted

12.3 Deadlines and Delays

12.3.1 City shall perform its work under this Agreement in accordance with the deadlines and schedules established in this Agreement and as set forth in the Approved Plans.

12.3.2 LACMTA and its contractors shall timely commence, diligently prosecute and complete LACMTA's Construction and other activities for each Rearrangement on or before the applicable deadlines established in this Agreement. If LACMTA or its contractor fails to meet such deadline, than any affected time deadlines for City's Construction or other activities under this Agreement shall be revised accordingly.

12.3.3 In addition to and without limiting any rights or remedies available under this Section or otherwise, if City fails to complete its work on any Rearrangement on or before the deadline established under this Agreement, or if LACMTA reasonably determines that City will be unable to timely complete such work, LACMTA (without incurring any additional liability other than the Costs incurred as set forth in this Section

12.3.3) may terminate City's work on such Rearrangement by giving notice to City, and either perform the remaining work itself or cause such work to be performed by LACMTA's contractor, subject to the City's approval and inspection processes where City facilities are involved. If LACMTA takes over work as provided in this Subsection, City shall cooperate and assist LACMTA as otherwise provided in this Agreement.

12.4 Invoices & Overtime Procedures for Work Orders
The following are procedures that shall be followed by City for submitting invoices and billing along with relevant and applicable back up documentation. All invoices and billing shall be clearly marked, legible and shall be submitted no later than one (1) month after services have been provided. Invoices submitted three (3) to six (6) months after services were provided and without applicable back up documentation will not be paid per the invoice terms. Invoices submitted six (6) months after services have been provided shall be considered void and null. All invoices shall contain the following information with relevant and applicable back up information:

1. Identification of Project
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2. Identification of Work Order/ PO number

3. Invoice number/date

4. Invoice amount

5. Invoice period

6. The planned hours for the fiscal year, per annual work plan approved by the LACMTA Board, should be shown on the header page of invoice]

7. Description and cost summary breakout for invoice period of:
a. Direct General Staff Costs (reviewers, etc.)
b. Fringe benefits
c. Overhead Costs
d. Admin Costs
e. Tax Costs
f. Traveling Costs
g. Overtime Costs

8. Supportive documents to back up direct general staff and indirect summary costs for the invoice period. Such items shall include:
a. Name of Person
b. Person's Title
c. Number of Regular Hours
d. Description of tasks performed
e. Its respective associated Fringe, Overhead, Admin, Tax, and Traveling Costs
f. Description of support services (review, meetings, permit process, field work, etc.) for that period. For example: Review of UG13 street improvement plans
g. Number of OT charges
h. City Department representative signature at the bottom of the sheet verifying that the people/ hours charging time to the Project is accurate

9. Overtime costs shall be identified in invoicing with a copy of LACMTA authorization for overtime. Please see below for authorization process.

10. Organizational chart showing all staff

11. Resolution ladder for the Project
All overtime shall be required to be approved by the Project manager from LAC MT A or an authorized representative from LACMTA. It shall be the invoice's responsibility to obtain approval for OT via email prior to overtime occurring. A copy of the email shall be attached to the invoice.

12.5 Audit and Inspection
The parties shall comply with the audit and inspection provisions of the C&M Agreement.

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ARTICLE 13

RESOLUTION OF DISPUTES

13.1 Attempt to Resolve
In the event of a claim or dispute arising out of or relating to this Agreement, both parties shall make good faith efforts to resolve the claim or dispute through negotiation.

Any dispute that cannot be settled through direct negotiation may be resolved pursuant to Section 13.2 below.

13.2 Dispute Resolution
In the event of any dispute arising out of this Agreement, the interpretation of any of the provisions hereof, or the action or inaction of any Party hereunder, prior to the commencement of any other form of dispute resolution (which shall be limited to that set forth in this Section 13.2), a Party shall first give a written notice (a "Dispute Notice") to the other Party, setting forth the nature of the dispute. The Parties shall attempt in good faith to resolve the dispute by submitting the matter to mediation administered by JAMS.

All parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. If the dispute has not been resolved by mediation as provided above within thirty (30) days after delivery of the Dispute Notice, then the dispute shall be the dispute shall be submitted to final and binding arbitration in California, administered by JAMS in accordance with the then-existing JAMS Streamlined Arbitration Rules and Procedures for commercial dispute, and electing the Final Offer (or Baseball) Arbitration Option pursuant to Rule 28 (or its successor). Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. Unless otherwise ordered by the arbitrator, the arbitrator's expenses shall be shared equally by the parties. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Party except (a) an action to compel arbitration pursuant to this Section 13.2 or (b) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 13.2.

Neither the pendency of a dispute nor its consideration by personnel of a Party will excuse any Party from full and timely performance in accordance with the terms of this Agreement. Each Party shall continue to comply with its obligations under this Agreement during the resolution of any dispute hereunder.

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13.3 Prevailing Party
In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorney's fees pursuant to California Civil Code Section 1717, as well as other litigation costs, including expert witness fees. The prevailing Party shall also be entitled to recover all actual attorney's fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding.

13.4 Implementation
Each Party promptly will take any action required of it in order to implement an agreed upon Dispute resolution.

13.5 Cooperation
The Parties shall diligently cooperate with each other to ensure an efficient and expeditious resolution to each Dispute, if possible.

13.6 Incorporation of Subcontracts
In order to ensure the timely completion of Rearrangements, City shall include the foregoing or equivalent provision in its agreements with contractors, materials suppliers, equipment renters and others who are involved in effecting Rearrangements.

ARTICLE 14

FEDERAL AND OTHER REQUIREMENTS
This Agreement may be subject to a financial assistance agreement with the U.S. Department of Transportation, Federal Transit Administration, as to certain Transit Projects, and as such, is subject to all Federal requirements, including and not limited to the following terms and conditions:

14.1 Audit and Inspection
City agrees to comply with all financial record keeping, reporting and such other requirements as may be imposed as a condition to or requirement of funding obtained by LACMTA from third parties (provided that LACMTA gives reasonable notice of such requirements to City). City shall permit the authorized representatives of LACMTA, the U.S. Department of Transportation, the Comptroller General of the United States, State of California, and any other government agency providing funding or oversight on the Project, to inspect, audit and copy, during normal business hours and upon reasonable LEGAL\34738711\3 Cooperative and Funding
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notice, all cost and other relevant records relating to performance by City, its contractors and subcontractors under any Work Plan or Work Order issued to City for the Project or Rearrangements of City Facilities related thereto, from the date of this Agreement through and until expiration of three (3) years after the accepted completion of all Rearrangements for the Project, or such later date as is required by the rules and regulations of any such government agency (provided that LACMTA gives reasonable notice of such later date to City). Examination of a document or record on one occasion shall not preclude further examination of such document or record on subsequent occasions. By providing any of its records for examination pursuant to this Section, City represents and warrants that such records are accurate and complete. City shall include in any contracts it enters into for the performance of work hereunder the above requirements and require its contractors (or consultants) to include the above requirements in any subcontracts or purchase orders. In the case of such contractors, consultants, subcontractors and suppliers, the records subject to the above requirements shall include, without limitation, any relevant records as to which a tax privilege might otherwise be asserted.

14.2 Interest of Members of Congress
No members of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom.

14.3 Prohibited Interests
No member, officer or employee of LACMTA, or of a local public body, during his or her tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. To LACMTA's and City's knowledge, no board member, officer or employee of LACMTA has any interest, whether contractual, noncontractual, financial or otherwise in this transaction, or in the business of City; and if any such interest comes to the knowledge of either Party at any time, a full and complete disclosure of all such information will be made in writing to the other party, even if such interest would not be considered a conflict under Article 4 of Division 4 (commencing with Section 1090) or Division 4.5 (commencing with Section 3690) of the Government Code of the State of California.

14.4 Equal Employment Opportunity
In connection with the performance of this Agreement, the Parties shall not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, sexual orientation, national origin or disability. Th e Parties shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their age, race, religion, color, sex, sexual orientation, national origin, or disability. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment LEGAL\34738711\3 Cooperative and Funding
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advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

14.5 Small Business Enterprise
In connection with the performance of this Agreement, City will cooperate with LACMTA in meeting all applicable federal regulations with regard to the maximum utilization of disadvantaged business enterprises, and will use its best efforts to ensure that small business enterprises shall have the maximum practicable opportunity to compete for subcontract work under this Agreement.

14.6 Prior Approval
This Agreement and all amendments thereto are subject to U.S. Department of Transportation, Federal Transit Administration review and approval.

14.7 Non-Discrimination
Without limiting any other provisions of this Article 9, City agrees to comply, and to cause all of its contractors who work on projects subject to this Agreement to comply, with all applicable non-discrimination laws, rules and regulations, whether imposed by Federal, State or local Governmental Authorities.

ARTICLE 15

MISCELLANEOUS PROVISIONS

15.1 Approvals; Further Documents and Actions

15.1.1 Any acceptance, approval, consent, permission, satisfaction, agreement, authorization or any other like action (collectively, "Approval") required or permitted to be given by any Party hereto pursuant to this Agreement:
(a) Must be in writing to be effective (except if deemed granted pursuant hereto);
(b) Shall not be unreasonably withheld, conditioned or delayed; and if Approval is withheld, such withholding shall be in writing and shall state with specificity the reasons for withholding such Approval, and every effort shall be made to identify with as much detail as possible what changes are required for Approval; and (c) Shall be deemed granted if no response is provided to the Party requesting an Approval within the time period prescribed by this Agreement commencing upon actual receipt by the Party from which an Approval is requested or LEGAL\34738711\3 Cooperative and Funding
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required of a request for Approval from the requesting Party.

15.1.2 The Parties agree to execute such further documents, agreements, instruments and notices, and to take such further actions, as may be reasonably necessary or appropriate to effectuate the transactions contemplated by this Agreement.

15.2 Notices

15.2.1 Except as otherwise expressly provided in this Agreement, all notices or communications pursuant to this Agreement shall be in writing and shall be sent or delivered to the following:

To the City:

Raymond R. Cruz, City Manager
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
T. (562) 868-0511
With copies to:

Yolanda M. Summerhill, City Attorney
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
T. (562) 868-0511
Noe Negrete, P.E.

Director of Public Works & City Engineer,
City of Santa Fe Springs
11710 E. Telegraph Road
Santa Fe Springs, CA 90670
T. (562) 868-0511
To LACMTA:

Jeanet Owens, Senior Executive Officer
LACMTA
Regional Rail
One Gateway Plaza
Los Angeles, CA 91012
T. (213) 922-6877
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With copies to:

Greg Levine, County Counsel
One Gateway Plaza, 24th Floor
Mail Stop 99-24-2
Los Angeles, CA 90012
T. (213) 922- 2551
Any notice or demand required shall be given (a) personally, (b) by certified, registered mail, postage prepaid, or return receipt requested, (c) by confirmed fax, or (d) by reliable messenger or overnight courier to the address of the respective Parties set forth above.

Any notice served personally shall be deemed delivered upon receipt, served by facsimile transmission shall be deemed delivered on the date of receipt as shown on the received facsimile, and served by certified or registered mail or by reliable messenger or overnight courier shall be deemed delivered on the date of receipt as shown on the addressee's registry or certification of receipt or on the date receipt is refused as shown on the records or manifest of the U.S. Postal Service or such courier, or five (5) Days after deposit in the United States mail. City or LACMTA may from time to time designate any other address or addressee or additional addressees for this purpose by written notice to the other Party.

15.2.2 The Parties may also designate other procedures for the giving of notice as required or permitted under the terms of this Agreement, but each alternate procedure shall be described in writing and signed by the LACMTA Representative and the City Representative.

15.3 Assignment; Binding Effect
No Party shall assign its interest in this Agreement without prior consent of each of the other Parties. Any assignment purported to be made without the written consent of all the Parties shall be void and unenforceable. Any permitted assignment shall bind and inure to the benefit of the respective successors and permitted assigns of the Parties.

15.4 Waiver
The failure of any Party at any time or times to require performance of any provisions hereof shall in no manner affect the right at a later time to enforce the same.

No waiver by any Party of any condition, or of any breach of any term, covenant, representation, or warranty contained herein, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or waiver of any other condition or of any breach of any other term, covenant, representation or warranty.

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15.5 Amendment; Entire Agreement; Modification
This Agreement may not be amended, modified, superseded or canceled, nor may any of the terms, covenants, representations, warranties or conditions hereof be waived, except by a written instrument executed by all Parties.

15.6 Elements of Essence
In accomplishing all work and performing all other acts required under this Agreement, time, and public health, safety, and welfare are of the essence.

15.7 Legal Rights
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. The rights and remedies of LACMTA and City for default in performance under this Agreement are in addition to any other rights or remedies provided by law.

15.8 Bonds/Fees.

Except as specifically agreed to in this Agreement and as prepared for this Project and subject to applicable Law, City waives and relinquishes all of its requirements, if any, to seek or obtain bonds, fees or other security or payments from LAC MT A or its contractors in the performance of its obligations under this Agreement.

15.9 Severability
In the event that any portion hereof is determined to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect.

15.10 Gender and Tense
As used in this Agreement, the masculine, feminine and neuter genders, and the singular and plural numbers shall each be deemed to include the other or others whenever the context so indicates.

15.11 Headings
The headings, which appear at the commencement of each article and section, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between any heading and the article or section itself, the article or section itself and not the heading shall control as to construction.

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15.12 Incorporation of Exhibits
Every exhibit to which reference is made in this Agreement is hereby incorporated in this Agreement by this reference.

15.13 Counterpart Originals
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. Any fully executed copy of this Agreement shall be deemed an original for all purposes.

15.14 Force Majeure
Neither Party shall be held liable for any loss or damage due to delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence; such causes may include acts of God, acts of civil or military LACMTA, government regulations (except those promulgated by the Party seeking the benefit of this section), embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances or unusually severe weather conditions; provided, however, that lack of funds or funding shall not be considered to be a cause beyond a Party's control and without its fault or negligence. The foregoing events do not constitute force majeure events where they are reasonably foreseeable consequences of Construction.

15.15 Construction
The language in all parts of this Agreement shall be in all cases construed simply according to its fair meaning and not strictly for or against any of the Parties.

15.16 Benefit: Third Party Beneficiaries
Except as provided below, no provisions of this Agreement shall create any thirdparty beneficiary hereunder, or authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. CHSRA is express third party beneficiary of the obligations of City under Article 7 and Section 10.1.2 of the Agreement and shall have the right to enforce such obligations directly. In addition, City agrees for the express benefit of CHSRA not to take any action, without the prior written approval of CHSRA, , that would preclude or make materially more complicated or expensive, the LEGAL\34738711\3 Cooperative and Funding
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future use of the railroad right of way under the Overpass by CHSRA. CH SRA shall have the right to directly enforce this obligation of City.

15.17 Survival
The representations, warranties, indemnities and waivers set forth in this Agreement shall survive the termination, for any reason whatsoever, of this Agreement.

15.18 Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to, and supersedes all prior written and oral agreements, understandings and negotiations with respect to the terms of this Agreement. Any and all prior agreements, understandings or representations relating to the transactions referred to in this Agreement are hereby terminated and canceled in their entirety and are of no further force and effect.

15.19 Funding Entities
The Parties mutually agree to assist each other in identifying and securing funds for the Project, including, without limitation, from the Funding Entities. The City and LACMTA shall work jointly with the Funding Entities to optimize funding alternatives for the Project.

15.20 Community Commitments
The Parties agree that commitments made to the community shall be incorporated into the Project subject to the availability of funding.

15.21 Authority of Parties
Each of the parties hereby represents and warrants that it has full legal authority and is duly empowered to enter into this Agreement, and has taken all actions necessary to authorize the execution and delivery of this Agreement.

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IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be executed as of the date first set forth above.

CITY OF SANTA FE SPRINGS
Date: G ft q/, t(
I f
APPROVED AS TO FORM:

Summerhill
Date: C:, - 2/ -- / V
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LOS ANGELES COUNTY METROPOLITAN

TRANSPORTATION AUTHORITY
By: _ __,~+-'<Jlc-:t1rY--L--'-<--><-¥->.P-_,__ ___ _
Jeanet w ns
Senior E ecutive Officer, Regional Rail
Date: !/ \3 I \i
APPROVED AS TO FORM:

MARY C. WICKHAM
County Counsel
58 Rosecrans/Marquardt Grade Separation
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I

EXHIBIT A
Rosecrans/Marquardt Project Location Map
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ITEM # 12

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: Cuong Nguyen, Director of Community Development

SUBJECT: SECOND READING OF ORDINANCE NO. 1147 – AMENDING CHAPTER 119 (RESERVED) OF TITLE 11 (BUSINESS

REGULATIONS) OF THE SANTA FE SPRINGS MUNICIPAL

CODE TO ESTABLISH PROCEDURES RELATED TO SPECIAL

EVENT PERMITS
DATE: September 3, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Adopt Ordinance No. 1147:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
FE SPRINGS AMENDING CHAPTER 119 (RESERVED) OF TITLE
11 (BUSINESS REGULATIONS) OF THE SANTA FE SPRINGS

MUNICIPAL CODE TO ESTABLISH PROCEDURES RELATED TO

SPECIAL EVENT PERMITS
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The addition of procedures for Special Event Permit applications to the Santa Fe Springs Municipal Code will not have a fiscal impact. However, there will be various fees collected as part of the application process and for staff attendance at any required event.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Ordinance No. 1147

Page 2 of 2 ends

BACKGROUND
Currently, the Santa Fe Springs Municipal Code is silent on the procedures for processing Special Event Permits. Staff recommends the proposed Ordinance (Attachment A, Exhibit A) to define and identify those procedures:
 Amend Chapter 119 (Reserved) to Chapter 119 (Special Event Permits)  Add Chapter 119 Sections 119.01 through 119.14 establishing procedures relating to the approval or denial of applications, applicability, standards, conditions, and revocation of Special Event Permits.

ENVIRONMENTAL
At its August 22, 2024, City Council meeting, the City Council determined that the adoption of Ordinance No. 1147 was exempt from CEQA.

SUMMARY/NEXT STEPS
Ordinance No. 1147 will be effective 30 days after its adoption.

ATTACHMENT(S):

A. Ordinance No. 1147
a. Exhibit A – Amendments to Chapter 119 (Reserved) of Title 11 (Business Regulations) of the Santa Fe Springs Municipal Code.

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

ORDINANCE NO. 1147

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS AMENDING CHAPTER 119 (RESERVED) OF TITLE 11
(BUSINESS REGULATIONS) OF THE SANTA FE SPRINGS MUNICIPAL

CODE TO ESTABLISH PROCEDURES RELATED TO SPECIAL EVENT

PERMITS

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

SECTION 1. Findings:

1. Exhibit “A” attached to this Ordinance is incorporated by reference and made a part of this Ordinance.

2. This Ordinance will create local standards for the processing of Special Event Permits. This Ordinance aims to streamline the process of obtaining a Special Event Permit for both applicants and City staff.

SECTION 2. Amendments:

Chapter 119 (Reserved) of Title 11 (Business Regulations) 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:

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 119, 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 3rd day of September 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 119 (Reserved) of Title 11 (Business Regulations) of the Santa Fe Springs Municipal Code
Exhibit A – Amendments to Chapter 119 (Reserved) of Title 11 (Business Regulations) of the Santa Fe Springs Municipal Code
Key:

Normal Text = Existing unmodified Code language
Strikethrough Text = Proposed language to be removed from the existing Code Underline Text = Proposed language to be added to the Code Code of Ordinances of the City of Santa Fe Springs Chapter 119 (Reserved), is hereby amended in its entirety and replaced with the following:

Chapter 119 (Reserved) (Special Event Permits)
§ 119.01 PURPOSE.

This Chapter establishes regulations for special events to protect the public health, safety, and welfare of the surrounding community. Special events are uses, activities, or events that are temporary and that may not otherwise be allowed in the applicable zone or on City property, but may be permitted because of their limited or temporary nature, provided that such special events are evaluated for compatibility with surrounding land uses and any adverse effects or incompatibilities are avoided or adequately mitigated. It is also the intent of this Chapter to protect the rights of its citizens to engage in protected free speech expression activities. Consequently, it is not the intent of this Chapter to regulate conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
§ 119.02 EXEMPTIONS.
(A) The provisions of this Chapter shall not apply to the following exempt uses:
(1) Activities or events held or conducted by or on behalf of the City, a local school district, or other governmental agency acting within the scope of its authority on property owned or leased by such entity or its sponsor. (2) Entertainment and assembly events as part of an allowed and permitted permanent use (e.g. party at a banquet hall, sporting event at a stadium). (3) Conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas which are protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution. (B) The Director of Community Development, or designee, may exempt other special events that are determined to be similar in nature and intensity as those listed in Section 119.02 (A), in accordance with the provisions of this Chapter. § 119.03 AUTHORITY.

The Director of Community Development, or designee, shall have the authority, subject to the procedures set forth in this Chapter, to grant a Special Event Permit whenever it is found that the granting of said permit is consistent with the requirements, intent, and purpose of this Chapter.
§ 119.04 APPLICABILITY.
(A) A Special Event Permit is required prior to the construction or operation of any facility or use associated with but not limited to the following activities:
(1) Carnivals, fairs, festivals, circuses, concerts or similar amusement and entertainment uses.
(2) Car shows, car washes.
(3) Walks, runs, athletic events, bicycle and vehicle races within City right of way or on City property.
(4) Outdoor swap meets, open air markets, boutiques, of a temporary nature. (5) Events in the public right-of-way or on City property. (6) Outdoor displays and promotional sales.
(7) Limited-term pop-ups.
(B) The Director of Community Development, or designee, may approve other special events that are determined to be similar in nature and intensity as those listed in Section 119.04 (A), in accordance with the provisions of this Chapter. § 119.05 APPLICATION FILING, FEES, AND PROCESSING
(A) Special Event Permit Application. A completed Special Event Permit Application, including but not limited to completion of the checklist and questionnaire, shall be submitted to the Community Development Department no less than sixty (60) days prior to start of the event.
(B) Filing Fee. A non-refundable filing fee in an amount set by the City Council shall be required with each application submitted. Fees required under this Section shall be in addition to any other license, permit or fee required under this Section or any other Chapter of this Code.
(C) Application Processing
(1) Upon receipt of a Special Event Permit Application, the Director of Community Development, or designee, shall review the application and inform the applicant as to the completeness of the submittal, of additional materials required, if any, and project issues of concern within fifteen (15) days of submittal. The Director of Community Development, or designee, shall also inform the applicant of the procedures for compliance with this Chapter and Section. (2) Once the Special Event Permit Application is deemed complete, the Director of Community Development, or designee, shall conduct a final review of all materials provided by the applicant.
(D) Review. In review and consideration of the proposed special event, the Director of Community Development, or designee, shall consider, among other criteria, the following:
(1) Requirement of adequate temporary parking facilities including vehicular access and egress.
(2) Regulation of temporary buildings, structures, and facilities. (3) Requirement of an insurance certificate.
(4) Regulation of nuisance factors such as but not limited to prevention of glare or direct illumination of adjacent properties, noise, vibrations, smoke, dust, dirt, odors, gasses, garbage, and heat.
(5) Regulation of operating hours and days including limitation of the duration of such special event to a shorter or longer time period than the maximum period requested.
(6) Requirement that the approval of the requested special event shall comply with all other applicable federal, state and local laws and will be conducted without any adverse impact on public health, safety, or welfare. (7) Such other conditions that will make possible the operation of the proposed special event in an orderly and efficient manner and in accord with the intent and purpose of this Chapter.
§ 119.06 CITY CLEANING SERVICES DEPOSITS AND DAMAGE REIMBURSEMENT FOR CERTAIN SPECIAL EVENTS.
(A) City Services Deposit. The applicant or operator of the special event involving the sale of food or beverages, erection of structures, participation of horses or other large animals, use of water aid stations, installation of portable sanitation facilities, or other events for which the need for cleanup by City staff is likely, shall be required to provide a City services deposit prior to the issuance of a Special Event Permit. (B) Refund. The City services deposit shall be refunded after the special event when, in the opinion of the Director of Community Development, or designee, the area used for the permitted special event has been fully cleaned and restored to the same condition as existed prior to the special event. If the actual cost for cleanup is less than the estimated cost, the applicant will be refunded the difference. If the cost of cleanup is more than the service deposit, the applicant will be billed for the balance. (C) Reimbursement. If City property is damaged or destroyed by reason of the applicant or operator’s use, special event or activity, the applicant or operator shall reimburse the City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into an invoice, unless an accurate cost for replacement or repair of one or more items of City property cannot then be ascertained, in which case, the City may bill the applicant or operator when such information becomes available.
(D) Appeals.
(1) If the applicant or operator disputes the cleanup charge, he or she may appeal to the Director of Community Development within five (5) business days after receipt of the cleanup bill.
(2) Subsequent appeals to comply with Section 119.11 (Appeal and Effective Date).
§ 119.07 PERFORMANCE STANDARDS AND CONDITIONS.
(A) When making a decision on the application, the Director of Community Development, or designee, may apply performance standards to ensure compliance with this Chapter and all other applicable federal, state, or local codes, laws, rules, regulations, and statutes, including, but not limited to:
(1) Adequate parking facilities shall be provided for the proposed event to prevent excessive traffic or queuing on public streets. All parking areas shall be maintained open and accessible during the hours of the event. (2) Event grounds shall be maintained free of any trash debris, garbage, and junk and salvage. An adequate number of trash containers shall be provided for the proposed event.
(3) The subject property shall be restored to its original condition, and any temporary structures shall be removed within 24 hours of the completion of the event.
(4) Unless authorized by the Special Event Permit, no activities shall be conducted on the street or adjacent lots.
(5) Any amplifying speakers for a public announcement system shall be directed away from residential areas.
(B) In reviewing the application, the Director of Community Development, or designee, shall impose such conditions deemed necessary to ensure implementation and compliance with this Section to protect the safety of persons and property, and to provide for adequate control of traffic. Such conditions may include, but need not be limited to the following:
(1) Alteration of the date, time, route or location of the event proposed on the event application.
(2) Conditions concerning the area of assembly and disbanding of events.
(3) Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of a street. (4) Requirements for use of traffic cones or barricades. (5) Requirements for provision of first aid, sanitary or emergency facilities.
(6) Requirements for use of event monitors and some method for providing notice of permit conditions to event participants. (7) Restrictions on the number and type of vehicles, animals, or structures at the event and inspection and approval of structures for fire safety by the Santa Fe Springs Fire Department.
(8) Compliance with animal protection ordinances and laws. (9) Requirements for use of garbage containers, cleanup and restoration of City property.
(10) Restrictions on use of amplified sound.
(11) An application for a Special Event Permit to conduct a block party may be conditioned on notice and approval by 50 percent of the owners or tenants of dwellings or businesses along the affected street(s). (12) Compliance with any relevant ordinance or law in obtaining any legally required permit or license.
(13) Requirements for special security assignments.
§ 119.08 NOTICE OF DECISION.
(A) The Director of Community Development, or designee, will provide a written decision of a denial or issuance of a Special Event Permit, including the conditions of approval and required findings, to the applicant by mail and/or e-mail. (B) The applicant shall sign an affidavit to acknowledge that the applicant is aware of and agrees to all of the requirements and conditions under which the approval of the Special Event Permit is given, and that if any of said requirements or conditions are violated, the approval shall become null and void.
(C) The approval by the Director of Community Development or designee, is considered final unless it is appealed within five (5) business days from the date of approval.
(D) Prior to the issuance of a Special Event Permit, the permit applicant or the authorized officer of the sponsoring organization must sign an agreement to reimburse the City of Santa Fe Springs for any costs incurred by it in repairing damage to City property occurring in connection with the permitted event and proximately caused by the actions of the permittee or sponsoring organization, its officers, employees, or agents or any person who was under the permittee's or sponsoring organization's control insofar as permitted by law. The agreement shall also provide that the permittee or sponsoring organization shall defend the City against, and indemnify and hold the City harmless from, any liability to any persons resulting from any damage or injury occurring in connection with the permitted event proximately caused by the actions of the permittee or sponsoring organization, its officers, employees or agents, or any person who is under the permittee's or sponsoring organization's control insofar as permitted by law. § 119.09 GROUNDS FOR DENIAL – IMPOSITION OF CONDITIONS. (A) Considerations. The Director of Community Development, or designee, shall deny an application for a Special Event Permit only if he/she determines from a consideration of the application and other pertinent information that one or more of the following exists:
(1) The information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading.
(2) The applicant fails to complete the application form after having been notified of the additional information or documents requested. (3) The Director of Community Development has earlier received an application to hold another event at the same time and place requested by the applicant, or so close in time and place as to cause undue traffic congestion, or police are unable to meet the needs for police services for both events. (4) The time, route or size of the event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion.
(5) The concentration of persons, animals and vehicles at the site of the event, or the assembly and disbanding areas around an event, is reasonably likely to prevent proper police, fire or ambulance services to areas contiguous to the event.
(6) The event is likely large enough that it may require a significant number of police officers to ensure participants remain within the designated boundaries or route, or to protect them, which could impact the regular police coverage for the rest of the city. The location of the event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit.
(7) The event is reasonably likely to occur at a time when a school is in session, at a route or location adjacent to the school, and the noise created by the activities of the event would substantially disrupt the educational activities of the school.
(8) The event will violate public health or safety law or fail to conform with the requirements of law or duly established City Council policy. (9) The applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this Chapter or has failed to conduct a previously authorized or exempt event in accordance with law or the terms of a permit, or both.
(B) Conditional approvals. When the grounds for denial of an application for a Special Event Permit specified in subsections (A)(3) through (A)(10) of this Section can be corrected by altering the date, time, duration, route or location of the event, the Director of Community Development, or designee, instead of denying the application, shall conditionally approve the application pursuant to Section 119.008. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with subsections (A)(3) through (A)(10) of this Section.
§ 119.10 INSURANCE.
(A) Liability insurance.
(1) The applicant or sponsor of an event must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the event.

Such insurance shall name on the policy or by endorsement as additional insureds the City of Santa Fe Springs, its officers, employees and agents.

Insurance coverage must be maintained for the duration of the event. Coverage shall include, but is not limited to, a comprehensive general liability insurance policy issued by an insurance carrier approved by the City with minimum limits of $1,000,000.00 combined single limit bodily injury and property damage for each occurrence.
(2) If food or nonalcoholic beverages are sold or served at the event, the policy must also include an endorsement for products liability in an amount not less than $1,000,000.00. If alcoholic beverages are sold or served at the event, the policy must also include an endorsement for liquor liability in an amount not less than $1,000,000.00.
(3) If the event involves the use of licensed motorized vehicles, the policy must also include an endorsement for automobile liability in an amount not less than $1,000,000.00.
(B) Certificates of insurance. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the Director of Community Development no less than ten (10) business days before the date of the event unless the Director for good cause waives the filing deadline. The Special Event Permit shall not be issued by the Director until after the insurance policy or certificate of insurance along with the necessary endorsements have been filed by the applicant or sponsor and approved by the City.
§ 119.11 APPEAL AND EFFECTIVE DATE.
(A) An appeal of the decision made by the Director of Community Development, or designee, shall be made in writing and filed with the City Clerk. (B) Said appeal must be received within five (5) business days from the date of decision.
(C) The filing of an appeal within the prescribed time period shall have the effect of staying the effective date of the Director of Community Development or designee’s decision until such time as the City Council has acted on the appeal. (D) Each appeal shall be considered de novo (new) and the City Council may reverse, modify, or affirm the decision in regard to the entire project in whole or in part. In taking its action on the appeal, the City Council shall state the basis for its action. The City Council may approve (in full or in part), modify or deny (in full or in part), and may modify, delete, or add such conditions as it deems necessary. The City Council may also refer the matter back to the Director of Community Development for further action. (E) The decision of the City Council shall be final.
§ 119.12 SPECIAL SECURITY ASSIGNMENTS AND SUBMISSION OF SECURITY PLAN.

The applicant or sponsor of an event shall submit a plan setting forth the proposed security measures to be taken to protect the health, safety and welfare of the participants in the special event. The plan shall be submitted concurrently with the permit application to the Department of Police Services who may require the alteration of the plan to provide greater security measures including but not limited to the hiring of private security personnel and/or police officers at the applicant's expense as a condition of permit issuance.
§ 119.13 DEPARTMENTS OF FIRE-RESCUE AND/OR POLICE SERVICES REVIEW.

An official from the Departments of Fire-Rescue and/or Police Services may, after review of the scope of the event, determine that additional resources are required to ensure public safety. The official of each respective department will determine risks to participants, community impacts, and emergency support required to determine additional resources required as indicated by the Departments of Fire-Rescue and Police Services. Applicant will bear all related costs of expenses for such additional resources. § 119.14 SUSPENSION OR REVOCATION OF PERMIT.
(A) Any permit issued under this Chapter may be suspended or revoked by the City Manager, or designee, for any of the following reasons:
(1) Public nuisance or disturbs the peace, health, safety or welfare. (2) The special event is conducted contrary to the permit conditions, any state or City laws or rules and regulations adopted by the City Council, City Manager or Director of Community Development.
(3) The Applicant has willfully made false or misleading statements in the application or other documents
(B) Any violations of the provisions of this Chapter, including any violations of terms and conditions of a permit approved and issued in a manner provided by this Chapter shall be unlawful and punishable as a misdemeanor or through the City’s administrative citation process.

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: RESOLUTION NO. 9927 - AUTHORIZING THE CITY MANAGER TO

EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR FUNDING OF THE TOWN CENTER

TELEGRAPH CORRIDOR SPECIFIC PLAN AND COMMITTING

NECESSARY LOCAL MATCHING FUNDS TO COMPLETE THE STUDY
DATE: September 3, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Adopt Resolution 9927; and
2) Authorize the City Manager to execute agreements with the California Department of Transportation for funding of the Town Center Telegraph Corridor Specific Plan and committing necessary local matching funds to complete the study; and
3) Approve the recognition of $673,000 in grant funds awarded for the Town Center Telegraph Corridor Specific Plan (Project Code: TCTCP) and authorize the deposit of these funds into revenue account 10103199-442000. 4) Establish a corresponding expense allocation of $673,000 in the Community Development – Administration & Current Planning expenditure account (No. 10103199-542050) to support the execution of the project, including consultant procurement, advisory committee participation, community outreach, and other related activities.
5) Take such additional, related action that may be desirable.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Resolution No. 9927 – Caltrans Grant

Page 2 of 2 ends

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

FISCAL IMPACT
The City has been awarded $673,000 in grant funds by Caltrans for Town Center Telegraph Corridor (TCTC) Specific Plan, which requires a local match of 11.47% of the total project cost of $760,193. This results in a City contribution of $87,193. The local match will be fulfilled through staff time, covering tasks such as project oversight, consultant procurement, advisory committee involvement, community outreach, and report review. The $673,000 grant award will be recognized as revenue in account (no. 10103199-442000), and a corresponding expense allocation will be established in the Community Development – Administration & Current Planning expenditure account (No. 10103199-542050) to support the project's implementation. The necessary funding for the City's local match is available in account (No.10103199-various codes).

BACKGROUND
In January 2024, the City applied for a Caltrans Sustainable Communities Competitive Grant for the development of the Town Center Telegraph Corridor Specific Plan. The Project would create a Specific Plan along Telegraph Road to establish a downtown as the geographic heart of the community by facilitating higher-density residential projects within the newly created mixed-use zones. The Project will fulfill and implement the policies, goals, and objectives of the 2040 General Plan, adopted in 2022. The General Plan land use designation within the 98.7-acre Project Area was recently changed from Industrial to Mixed-Use Corridor and Mixed-Use Downtown, which will bring a diversity of housing options within walking distance of thousands of jobs, professional services, medical offices, and other life necessities.

As required by Caltrans, staff created a scope of work (Attachment B) and cost and schedule (Attachment C) in anticipation of a possible award. In July 2024, the Community Development Department was notified of a conditional award of $673,000 by Caltrans.

Staff has been working with Caltrans to fulfil the grant conditions mentioned in the award letter (Attachment D). A City Council resolution to accept the grant is necessary before the award may be finalized. Once Caltrans issues a Notice to Proceed, staff will begin the process of procuring a consultant to assist with the project. A recommendation to award a consultant contract is anticipated by March 2025. Work on the project is expected to be completed by June 2027.

ATTACHMENT(S)
A. Resolution No. 9927
B. Scope of Work
C. Cost and Schedule
D. Award Letter
APPROVED:

ITEM NO.:

RESOLUTION NO. 9927

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

SPRINGS AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR FUNDING OF THE TOWN CENTER

TELEGRAPH CORRIDOR SPECIFIC PLAN AND COMMITTING

NECESSARY LOCAL MATCHING FUNDS TO COMPLETE THE STUDY
WHEREAS, the California Department of Transportation (Caltrans) has provided funds for the Sustainable Transportation Planning Grant and has the responsibility for the administration of this grant program, establishing necessary guidelines and procedures; and
WHEREAS, the City of Santa Fe Springs is eligible to receive grant funds in the amount of $673,000 for the Town Center Telegraph Corridor Specific Plan through Caltrans; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with Caltrans before such funds can be claimed through the Transportation Planning Grant Programs; and
WHEREAS, the City of Santa Fe Springs wishes to delegate authorization to execute these agreements and any amendments thereto.

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS HEREBY DIES RESOLVE AS FOLLOWS:

Section 1. Adoption of Resolution No. 9927 and the actions contemplated therein are not considered a “project” because they have no potential for causing a physical environmental change as contemplated under CEQA (Public Resources Code Section 21065 and Section 15378 of the CEQA guidelines). No unusual circumstances are present.

Section 2. Authorizes the City Manager, or designee, as agent, to conduct all negotiations, execute and submit all documents including, but not limited to agreements and any amendments thereto; payment requests and so on, which may be necessary for the completion of the aforementioned project with the California Department of Transportation.

Section 3. This resolution shall become effective immediately upon its passage and adoption.

APPROVED AND ADOPTED this 3
rd day of September 2024 by the following roll
call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Jay Sarno, Mayor
ATTEST:
_____________________________________
Fernando N. MuÑoz, CMC, Deputy City Clerk
Scope of Work Checklist
The Scope of Work (SOW) is the official description of the work that is to be completed during the contract. Tasks 1-6 outlined in the SOW are for illustrative purposes only.

Applications with missing components will be at a competitive disadvantage. Please use this checklist to make sure your Scope of Work is complete.

Scope of Work Checklist
() Ensure these items are completed prior to submitting to Caltrans Use the Fiscal Year 2024-25 template provided
Include the activities discussed in the grant application List all tasks using the same title as stated in the Project Cost and Schedule Include task numbers in accurate and proper sequencing, consistent with the Cost and Schedule
Exclude sub-task numbers; only include sub-headings
Exclude tasks for project management and/or staff/consultant coordination; these activities should be spread among relevant tasks
Include a thorough Introduction to describe relevant background, related planning efforts, the project and project area demographics, including a description of the underserved community involved with the project, if applicable Include a thorough and accurate narrative description of each task Task 01 is a required task. It must be titled “Project Administration”, it cannot exceed 5% of the grant award amount, and only the grantee and subrecipient(s) can charge against this Task. This Task must only include the following activities and deliverables:
• Caltrans and grantee Project kick-off meeting at the start of the grant • Invoicing and quarterly reporting to Caltrans
• DBE Reporting (federal grants only)
Include Task 02 for the procurement of a consultant (if needed). This task is for the grantee and sub-recipient(s) only.

Include detailed public participation and services to diverse communities in the Public Outreach Task (excluding technical projects)
Identify public outreach strategies in a manner that provides flexibility and allows for a diverse range of outreach methods (both in-person and on-line), excluding technical projects
Include a Task(s) for a Draft and Final product. The draft plan must include an opportunity for the public to provide feedback (excluding technical projects).

Include a summary of next steps your agency will take towards implementing the project in the Final Product
List achievable project deliverables for each Task
EXCLUDE environmental, complex design, engineering work, and other ineligible activities outlined in the Grant Application Guide

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SCOPE OF WORK
Project Information
Grant Category Sustainable Communities Competitive
Grant Fiscal Year 2024-2025
Project Title Town Center Telegraph Corridor Specific Plan Organization
(Legal name) City of Santa Fe Springs
Disclaimer
Agency commits to the Scope of Work below. Any changes will need to be approved by Caltrans prior to initiating any Scope of Work change or amendment.

Introduction
Background: The City of Santa Fe Springs is a built-out, primarily industrial, and job rich with 50,000+ jobs but less than 20,000 residents. Santa Fe Springs wishes to balance the jobs/housing ratio by increasing more housing opportunities for local employees, thereby reducing vehicle miles traveled and GHG emissions. To accelerate housing production, Santa Fe Springs wishes to apply for grant funds to complete a specific plan to allow mixed-use infill projects to occur on repurposed underutilized land, more specifically, to implement mixed-use and high-density residential along Telegraph Road and to create a new downtown.

Prior Planning Effort: In 2022, the City adopted its 2040 General Plan, which converted the industrial properties within the Project Area into mixed-use. The 2040 General Plan was a major step forward towards sustainable development with the introduction of mixed-use with residential densities up to 60 du/ac as well as the rezoning of industrial land to mixed-use.

The Project: The Specific Plan implements the 2040 General Plan goals and facilitates the conversion of industrial land into mixed-use and higher-density residential projects along the City’s primary public transit route and is within walking distance of approximately 25,000 jobs. The Project Area is comprised of 98.7 acres, of which the City owns approximately 65 percent of the land area. The Project Area is located along Telegraph Road and southerly to Clark Street and Hathaway Drive. The entirety of the Project Area is located within a DAC area (76th and 92nd percentile). The Project Area also meets other eligibility tools, such as AB 1550, which identifies the Project Area as being both Disadvantaged and Low Income. Similarly, the Healthy Places Index identifies the Project Area as performing lower than the State average.

The Issues: The City has 5,514 housing units, of which approximately two-thirds are owneroccupied and one-third renter-occupied. The 18,295 residents are impacted negatively by the 63,833 daily commuter trips to the City, which worsens traffic congestion and respiratory health conditions, due to the emitted air pollutants from vehicles in addition to air emissions from the City’s predominant industrial land uses (72 percent of City land area). The air quality has higherthan-normal levels of PM 25, diesel PM, and Ozone. As the result, the residents are disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, and environmental degradation. As a consequence, the residents’ health condition is heavily impacted. Pollution exposure and health stress

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associated with poverty can lead to acute heart attacks and other heart problems. Eight out of nine Census Tracts in the City have a higher rate of cardiovascular disease than 80 percent of all census tracts in California.

Affordable housing is a major concern among the City residents, as expressed during the 2-year public engagement process developing the 2040 General Plan. Approximately 40.1 percent of the households are spending more than 30 percent of gross household income towards housing expenses. The percentage is much higher, at 66 percent, among Renters. The most common symptoms of cost burdened housing are overcrowding and housing disrepair where 13.3% of the City’s 5,190 housing units are overcrowded and even more prevalent in rental units at 19.8% compared to owner-occupied at 9.8%.

Demographics of the Project Area and Surrounding neighborhoods: The population in Santa Fe Springs is predominantly of Hispanic or Latino origin (74 percent), which is higher than the County of Los Angeles (49 percent) and California (39 percent). Nearly 57 percent of City residents speak a language other than English, including 49 percent of all residents who speak Spanish and 6.5 percent who speak an Asian or Pacific Islander language. Pursuant to CalEnviroScreen

4.0, the entire City of Santa Fe Springs is located within a DAC area and is further substantiated by other measuring tools such as HPI, AB 1550, and School Meal Program. The city is characterized by people of low-income, high unemployment, low levels of homeownership, high rent burden, low levels of educational attainment and/or are sensitive populations (e.g. disabled individuals, seniors, and emancipated youth).

Project Stakeholders
The entire City of Santa Fe Springs is located within a DAC area and the stakeholders will have direct interest with this Project- either as a resident or a local business employer within half-mile of the Project Area, or a social service provider or an affordable housing developer that has direct experience with the community. In general, great efforts will be directed at reaching out and contacting local individuals with a unique voice, such as those using public transportation, elderly concerns on housing affordability and mobility challenges, living-wage jobs and retail, medical services. The engagement process will also involve regional CBOs, and transportation and planning agencies and utility companies. For example, CBOs such as Interfaith Food Center, who participated in the 2040 General Plan process, concerning food challenges of lower-income families, the Southeast Area Social Services Funding Authority (SASFSA), which is located within the Project Area, will be contacted to participate in the development of the Project concerning job training and employment development, and The Whole Child, which is a non-profit organization providing mental health, education services, and housing primarily to single-parent households from underrepresented communities of color. The Whole Child assisted in the 2040 General Plan and is currently completing 41units of interim housing in Santa Fe Springs and is a part of a larger housing campus of 101 affordable rental units and 21 ownership units.

The project includes a comprehensive support service program for low-income families and veterans. The City will also engage and coordinate with local and regional planning and transportation-related agencies. The Gateway Cities COG has submitted a Letter of Support and has stated that they would like to participate and be engaged in the development process of the Project. SCAG has also expressed their support of the Project and has provided a letter of support.

An independent consultant will be hired through a competitive RFP process. The. Consultant will be responsible for completing the Specific Plan as well as conducting the community engagement process. The public engagement process shall be robust and incorporate strategies espoused within Caltrans and SCAG Public Participation Plan. The consultant shall prepare a comprehensive community engagement program, satisfactory to the City, as the initial step of the Project to ensure a dynamic and frictionless feedback loop of ideas and aspirations that culminate in a Specific Plan that is community owned.

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Overall Project Objectives
To complete a specific plan that embodies pragmatic design and development standards that are objective in nature. The type and intensity of commercial and residential development proposed shall mesh with and enhance accessibility to public transportation and other forms of active transportation. The nexus between land use and transportation mobility is paramount. The Project will recommend prospective development scenarios of key parcels or catalytic projects that can be analyzed in greater detail in terms of the physical form and project economics but also in terms of identifying of social equity and underserved populations can benefit and be a part of the development scenario. In terms of financial feasibility and marketability, the Project shall also include detailed financial feasibility analysis and prototypical proforma analysis of no less than five different projects. The Project will provide a phased implementation strategy, if necessary, to optimize the marketability of the Plan Area and community benefits to the DAC residents.

The Project, when fulfilled, will the streamline development process by providing objective development/design standards that are vetted through financial analysis and typical prototypical proformas. The Project will facilitate the development process by presenting the community’s vision for the Project Area, reducing developer risk and permitting time, and lowering construction cost with the pre-planned public infrastructure. The physical form of the Project Area will be a noticeable departure from the historical suburban landscape of one and two story buildings with segregated land use pattern. The Project Area will exhibit a more compact, dense, and walkable district wherein residents have viable alternative active transportation options.

The successful transformation of the vehicular corridor and downtown can be replicated to other cities and other areas of the region. As of late, the state legislators are advocating for housing solutions and the reuse and/or rezoning of underutilized commercial and industrial land to residential uses as a housing opportunity. The learning experiences gained from the preparation of the Project, community engagement strategy, and implementation of the Project can be instrumental to other agencies with similar goals.

Summary of Project Tasks
Task 01: Project Administration
This is an Administrative Task that shall only be charged against by the Grantee for the Administration of this grant project. Costs for this task cannot exceed 5% of the grant award amount.

Grantee will manage and administer the grant project according to the Grant Application Guidelines, Regional Planning Handbook, and the executed grant contract between Caltrans and the grantee.

Task Deliverables
Conduct Kick-Off Meeting; Completion of Quarterly Reports, reimbursement requests, and progress reports.

Kick-off meeting with Caltrans - Meeting Notes, quarterly invoices and progress reports.

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Task 02: Consultant Procurement
City will prepare and issue a Request for Proposal to qualified consultants to complete the specific plan. From the Proposal received, staff will review, possibly interview, and recommend a consultant to City Council for consideration and award of contract. City staff and representative(s) will conduct a Kick-Off Meeting with the Consultant within one week of contract award. At the Kick-Off Meeting, City staff will inform/confirm with the Consultant the Community Engagement Strategy, work expectations, communication protocol, and a standing project management meeting (PMM) schedule to discuss project progress, issues, challenges, and project timeline to stay the course. All PMM meetings will require a meeting agenda, meeting minutes, and project schedule timeline.

Task Deliverables
Project RFP; Staff Report recommending award of contract; Copy of the Contract, and amendments between City and Consultant; Project Management Meeting notes; Updated Project Timeline
Task 1: Existing Conditions
Consultant shall conduct a survey of existing conditions and present findings in an Existing Conditions Report. Consultant shall review existing City documents that may inform the preparation of the report (Active Transportation Plan, 2040 General Plan- in particular Housing, Circulation, Land Use, Economic Development, and Environmental Justice Elements), Annual Housing Performance Reports, Public Infrastructure plans, among others). Consultant shall also meet with City staff and local agencies familiar with socioeconomic conditions within the community; review staff reports of projects and programs affecting properties within the Project Area; review public infrastructure plans and reports concerning service delivery problems; public safety records (vehicular accidents and crime statistics), traffic studies, and special studies and reports (engineering, market demand, traffic, Phase I and II ESAs, etc. ) related to past and current development projects.

Task Deliverables
Existing Conditions Report and periodic memos and maps
Task 2: Analysis
Although the items that will be analyzed in the Analysis may be similar with those associated with the Existing Conditions Report, the Analysis task is focused on the future direction of what is possible in terms of form, development and design standards, development incentives and streamlining techniques, and the capacity and cost of providing public infrastructure to satisfy future demand. From completing the Existing Conditions, the Consultant will be better equipped to understand and formulate possible scenarios of how projects can be designed, what social programs are needed to support and to be inclusive. Technical studies may include traffic impact analysis, parking studies, air quality technical analysis (up to three CalEEMod runs), GHG emission (up to two energy consumption spreadsheets but does not include Climate Action Plan), Nosie and Vibration Technical Analysis (up to two short-term and two long-term monitoring locations), market demand and forecasting incremental or phased development growth, prototypical proformas, alternative build-out options, among others.

Task Deliverables
Build-out potentials; Traffic Impact Analysis; Public Transit; Vehicular, Pedestrian, and Cycling Traffic; Market Demand for Residential, Retail, and Office; Potential Phased Development

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Santa Fe Springs City CouncilSeptember 3, 2024

Santa Fe Springs City Council
September 3, 2024