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HomeMy Public PortalAbout2020-08-04 City Council Regular MeetingThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO CITYCLERK@LYNWOOD.CA.US OR FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA City Council Regular Meeting TO BE HELD ON August 4, 2020 Duly Posted 7/30/20 by MQ COUNCIL CHAMBERS - 11350 BULLIS RD, LYNWOOD, CA 90262 6:00 PM 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3.ROLL CALL OF COUNCIL MEMBERS Aide Castro, Mayor Jorge Casanova, Mayor Pro Tem Salvador Alatorre, Council Member Marisela Santana, Council Member Jose Luis Solache, Council Member 4.PLEDGE OF ALLEGIANCE 5.INVOCATION 6.PRESENTATIONS/PROCLAMATIONS Sheriff Captain Carter- Update on Law Enforcement Issues City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). 7.COUNCIL RECESS TO: City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency Lynwood Public Financing Authority City Council Regular Meeting - Page 1 of 219 PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON-AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) PUBLIC HEARING 8.PUBLIC HEARING AND ADOPTION OF RESOLUTION, AUTHORIZING APPLICATION FOR, AND RECEIPT OF PERMANENT LOCAL HOUSING ALLOCATION GRANT PROGRAM FUNDS Comments: The City Council will consider adopting and implementing a Five-Year Plan under the Permanent Local Housing Allocation (PLHA) Grant Program. (CD) Recommendation: Staff recommends that the City Council take the following actions: 1. Conduct a public hearing and take public testimony on the City's proposed Five-Year Permanent Local Housing Allocation Plan; and 2. Adopt the attached Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE ADOPTION AND IMPLEMENTATION OF A FIVE-YEAR PLAN UNDER THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD) PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM.” CONSENT CALENDAR ALL MATTERS LISTED UNDER THE CONSENT CALENDAR WILL BE ACTED UPON BY ONE MOTION AFFIRMING THE ACTION RECOMMENDED ON THE AGENDA. THERE WILL BE NO SEPARATE DISCUSSION ON THESE ITEMS PRIOR TO VOTING UNLESS MEMBERS OF THE COUNCIL OR STAFF REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION. 9.APPROVAL OF THE WARRANT REGISTERS Comments: City of Lynwood warrant registers dated August 4, 2020 for FY 2019-2020 and FY 2020-2021. (FIN) Recommendation: Staff recommends that the City Council of the City of Lynwood approve the warrant registers dated August 4, 2020 for FY 2019-2020 and FY 2020-2021. 10.CITY MANAGER'S MONTHLY TASK ORDER REPORT Comments: On September 17, 2019, the City Council of the City of Lynwood approved Ordinance No. 1727, "An Ordinance of the City Council of the City of Lynwood, County of Los Angeles, State of California Amending Section 6-3.16 of the Lynwood Municipal Code," which allows for a set spending authority allotted for City Management or his/her authorized designee. Pursuant to the amended Municipal Code, the City Manager must provide a monthly report to the City Council of City Council Regular Meeting - Page 2 of 219 purchases executed under his/her authority. (CM) Recommendation: It is recommended that the City Council of the City of Lynwood receive and file the City Manager's Monthly Task Order Report for the month of July 2020. 11.TREASURER'S QUARTERLY REPORT Comments: The purpose of this item is to have the Honorable Mayor and the Lynwood City Council review the Treasurer’s Quarterly Investment Report as required by State Statutes. (CT) Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the 4th quarter ending June 30, 2020. 12.PHOENIX GROUP INFORMATION SYSTEMS SERVICES AGREEMENT Comments: The City Council will consider a Second Amendment to a Parking and Administrative Citation Processing Services Agreement with Phoenix Group Information Systems to provide parking and administrative citation processing services for the period of July 1, 2020 through June 30, 2021. (CD) Recommendation: Staff recommends that the City Council adopt the attached Second Amendment with Phoenix Group Information Systems to provide parking and administrative citation processing services. 13.ADOPTION OF RESOLUTION, AUTHORIZING APPLICATION FOR, AND RECEIPT OF HOMEKEY PROGRAM FUNDS Comments: The City Council will consider adopting a resolution for the submittal of a Homekey Program Grant application to the California State Department of Housing and Community Development, in an amount not to exceed $7,440,000 for the purpose of providing housing for individuals and families experiencing homelessness or at risk of experiencing homelessness. (CD) Recommendation: Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE APPLICATION FOR, RECEIPT OF, AND IMPLEMENTATION OF THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD) HOMEKEY PROGRAM.” 14.SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS - LOS ANGELES (SPCALA) SERVICES CONTRACT Comments: The Lynwood City Council will consider the approval of a one year extension with the Society for the Prevention of Cruelty to Animals - Los Angeles (SPCALA) to provide animal sheltering services for the City. (CD) Recommendation: Staff recommends that the City Council adopt the attached First Amendment with the Society for City Council Regular Meeting - Page 3 of 219 the Prevention of Cruelty to Animals - Los Angeles (SPCALA) for animal sheltering services. 15.ALLOCATION OF COST FROM UTILITY CUT IMPACTS Comments: The City has made the improvement, rehabilitation, and preservation of City streets a top priority. Street pavements, both concrete (PCC) and asphalt (AC) degrade over time. However, utility trench cuts in pavement greatly accelerate this deterioration of both the function and structural capacity of the street section, and significantly reduce the life cycle of street pavements. This significant reduction in pavement condition and reduced life cycle of the street pavement has a financial impact to the street system and budget. Staff recommends the allocation of costs to the respective water or sewer utility relating to utility trench cuts on various approved capital improvement projects. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE NOT TO EXCEEED TRANSFER OF FUNDS FROM THE WATER FUND TO VARIOUS NON- UTILITY FUND FOR THE COST OF THE UTILITY TRENCH CUTS ON THE STREET INFRASTRUCTURE FOR THE FOLLOWING PROJECTS DUNCAN AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 67.907), LOUISE AVENUE STREET, WATER, AND SEWER IMPROVEMENT (CIP NO. 67.912), VIRGINIA AVENUE AND OLANDA STREET, STREET AND WATER IMPROVEMENT (CIP NO. 68.049), HULME AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 68.039), PALM AVENUE STREET, SEWER, AND WATER EMERGENCY (CIP NO. 68.061), BREWSTER AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 68.079), VIRGINIA AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 68.083); BIRCH STREET, FIR STREET, LUGO AVENUE, AND PLATT AVENUE STREET REHABILITATION AND WATER MAIN UPGRADE (CIP NO. 67.054); AND BEECHWOOD AVENUE, NEVADA STREET AND LOUISE STREET REHABILITATION AND WATER MAIN UPGRADE (CIP NO. 67.055).” 16.APPROVAL OF A TRANSFER AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (SAFE, CLEAN WATER PROGRAM-MUNICIPAL PROGRAM) Comments: On November 6, 2018, Measure W, the Safe, Clean Water Program ballot measure, was successfully passed by the voters. The Safe, Clean Water Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County. To receive the Safe, Clean Water Program funds, the City will be required to execute a Transfer Agreement Between the Los Angeles County Flood Control District and submit an Annual Plan. On November 6, 2018, Measure W, the Safe, Clean Water Program ballot measure, was successfully passed by the voters. The Safe, Clean Water Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County. To receive the Safe, Clean Water Program funds, the City will be required to execute a Transfer Agreement Between the Los Angeles County Flood Control District and submit an Annual Plan. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE THE INITIAL AND SUBSEQUENT TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LYNWOOD SAFE, CLEAN WATER PROGRAM-MUNICIPAL PROGRAM AND TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE INITIAL AND SUBSEQUENT ANNUAL PLANS AND REPORTS.” City Council Regular Meeting - Page 4 of 219 17.PROJECT ACCEPTANCE OF THE CITY HALL AND CITY HALL NORTH TENANT IMPROVEMENT PROJECT Comments: The construction on the City Hall and City Hall North Rehabilitation Project started on October 7, 2019. The Project was completed on February 21, 2020. Staff conducted the final inspection on February 24, 2020 and found that all work was completed in accordance with the project plans and specifications. The Project is ready for acceptance. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CITY HALL AND CITY HALL REHABILITATION PROJECT (CIP NO. 4011.68.059) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION.” 18.PROJECT ACCEPTANCE OF LE SAGE STREET-STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.68.051) Comments: The construction on the project started on September 30, 2019. The Project was completed on February 7, 2020. Staff conducted the final inspection on February 12, 2020 and found that all work was completed in accordance with the Project plans and specifications. The Project is ready for acceptance. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING LE SAGE STREET- STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 40 11.68.051) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION.” 19.PROJECT ACCEPTANCE OF PEACH STREET- STREET IMPROVEMENT PROJECT (CIP NO. 4011.68.044) Comments: The construction on the project started on September 30, 2019. The Project was completed on March 2, 2020. Staff conducted the final inspection on March 13, 2020 and found that all work was completed in accordance with the Project plans and specifications. The Project is ready for acceptance. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING PEACH STREET- STREET IMPROVEMENT PROJECT (CIP NO. 4011.86.044) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION.” 20.PROJECT ACCEPTANCE OF THE CAPISTRANO AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.68.078) Comments: The construction on the Capistrano Avenue Street and Water Improvement Project started on City Council Regular Meeting - Page 5 of 219 February 10, 2020. The Project was completed on May 20, 2020. Staff conducted the final inspection on May 27, 2020 and found that all work was completed in accordance with the project plans and specifications. The Project is ready for acceptance. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CAPISTRANO AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.68.078) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION; AND APPROVING THE BUDGET ADJUSTMENT AND APPROPRIATION FOR THE PROJECT FOR THE FAIR AND EQUITABLE ALLOCATION OF UTILITY IMPACTS ON CAPISTRANO AVENUE.” 21.PROJECT ACCEPTANCE OF THE GERTRUDE DRIVE STREET AND WATER IMPROVEMENTS PROJECT (CIP NO. 4011.68.080) Comments: The construction on the Gertrude Drive Street and Water Improvements Project started on February 10, 2020. The Project was completed on May 22, 2020. Staff conducted the final inspection on June 9, 2020 and found that all work was completed in accordance with the project plans and specifications. The Project is ready for acceptance. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE GERTRUDE DRIVE STREET AND WATER IMPROVEMENTS PROJECT (CIP NO. 4011.68.080) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION; AND APPROVING THE BUDGET ADJUSTMENT AND APPROPRIATION FOR THE PROJECT FOR THE FAIR AND EQUITABLE ALLOCATION OF UTILITY IMPACTS ON GERTRUDE DRIVE.” 22.APPROVAL OF SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY AND THE CITIES OF DOWNEY, LAKEWOOD, LONG BEACH, LYNWOOD, PARAMOUNT, PICO RIVERA, SIGNAL HILL, SOUTH GATE, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT Comments: On October 1, 2013, the City Council authorized a Memorandum of Understanding (MOU) between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and the cities of Downey, Lakewood, Long Beach, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate and the Los Angeles County Flood Control County Flood Control District for the purpose of preparing a Watershed Management Program (WMP) and a Coordinated Integrated Monitoring Program (CIMP). In July 2020, parties to the LLAR MOU drafted and submitted a Second Amendment to the MOU to 1) extend the MOU’s term through September 30, 2025; 2) clarify that funding collected through the MOU maybe used for regional BMP projects agreed to by the Watershed Permittees; 3) incorporate Gateway Water Management Authority’s administrative cost recovery program into the MOU; and 4) provide a consolidated cost-share formula for implementation of the Plans and any other approved expenditures, subject to annual budget approval. The City is still under the MS4 Permit Order. Staff recommends continued participation in this Joint Powers Authority. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION City Council Regular Meeting - Page 6 of 219 OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY AND THE CITIES OF DOWNEY, LAKEWOOD, LONG BEACH, LYNWOOD, PARAMOUNT, PICO RIVERA, SIGNAL HILL, SOUTH GATE, , AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR ADMINISTRATION AND COST SHARING TO PREPARE AND IMPLEMENT A WATERSHED MANAGEMENT PROGRAM AND COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO R4- 2012-0175 MUNICIPAL SEPARATE STORM WATER SYSTEM.” NEW/OLD BUSINESS 23.DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Comments: This year the League of California Cities will hold its 2020 Annual Conference in Long Beach, CA, on October 7 – 9, 2020. As part of the annual conference activities, the voting delegate will consider and take action on resolutions that establish League policy. (CM) Recommendation: It is recommended that the City Council of the City of Lynwood designate one voting delegate and up to two (2) alternate voting delegates for the League of California Cities 2019 Annual Conference to be held October 7 - 9, 2020 in Long Beach, CA. 24.INTENTION TO LEVY AN ANNUAL EXCISE TAX ON FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD Comments: The purpose of this item is to initiate the process and levy an annual excise tax on each hospital engaging in business within city limits. The tax to be imposed shall be an amount equivalent to three percent (3%) of the hospital’s gross receipts. (CM) Recommendation: It is recommended that the City Council adopt the attached Ordinance entitled: “AN ORDINANCE OF THE PEOPLE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE IMPOSITION OF A GENERAL PRIVILEGE TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD.” CITY COUNCIL ORAL AND WRITTEN COMMUNICATION ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 18, 2020 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. City Council Regular Meeting - Page 7 of 219 Agenda Item # 8. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Michelle G. Ramirez, Director of Community Development SUBJECT: PUBLIC HEARING AND ADOPTION OF RESOLUTION, AUTHORIZING APPLICATION FOR, AND RECEIPT OF PERMANENT LOCAL HOUSING ALLOCATION GRANT PROGRAM FUNDS Recommendation: Staff recommends that the City Council take the following actions: 1. Conduct a public hearing and take public testimony on the City's proposed Five-Year Permanent Local Housing Allocation Plan; and 2. Adopt the attached Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE ADOPTION AND IMPLEMENTATION OF A FIVE-YEAR PLAN UNDER THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD) PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM.” Background: In September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). The PLHA provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units. HCD released its first Notice of Funding Availability for these funds on February 26, 2020. Under the PLHA, funding is provided through formula grants to entitlement jurisdictions based on the formula prescribed under federal law for the Community Development Block Grant (CDBG) program over a five-year funding period (2019, 2020, 2021, 2022, and 2023), as well as through a competitive grant program to non- entitlement jurisdictions. The City of Lynwood is an entitlement jurisdiction and is eligible to receive an estimated $3,788,322 over the five-year funding period. It is important to note that the five-year funding amount is only an estimate since annual PLHA amounts are subject to change. This is because funding for the PLHA is generated through a fee on real estate transactions, which may fluctuate from year to year. According to HCD, the City will City Council Regular Meeting - Page 8 of 219 receive first-year funds (2019) of $631,387. The primary goal of the PLHA program is to create a permanent source of funding available to eligible local governments in California for housing-related projects and programs to address unmet housing needs in their local communities. In order to receive PLHA funds, the City is required to submit a PLHA Plan (Plan) detailing the manner in which allocated funds will be used; a description of the way the Local government will prioritize investments that increase the supply of housing for households at or below 60 percent of AMI; a description of how the Plan is consistent with the programs set forth in the City’s Housing Element; and evidence that the Plan was authorized and adopted by resolution by the City Council and that the public had an adequate opportunity to review and comment on its content. Discussion and Analysis: The City is considered an Entitlement Local government, and is eligible for a 2019 formula allocation of PLHA funds in the amount of $631,387. The approximate PLHA five-year formula allocation amount is $3,788,322. PLHA funds must be used to carry out one or more of the eligible activities listed below: 1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies. 2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California. 3. Matching portions of funds placed into Local or Regional Housing Trust Funds. 4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. 5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing. 6. Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. 7. Accessibility modifications in Lower-income Owner-occupied housing. 8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. 9. Homeownership opportunities, including, but not limited to, down payment assistance. 10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project. In order to participate in the formula allocation, the City is required to develop a five-year plan detailing the manner in which allocated funds will be used for eligible activities. It is being recommended that the City utilize the funds to target individuals and households experiencing homelessness by either using the funds towards land cost and construction of an emergency shelter or utilizing a City-owned facility to develop the emergency shelter. The project’s programs will include the provision of housing and supportive case management services to homeless individuals with the goal of obtaining and retaining housing. A copy of the complete five-year plan is attached to the staff report. Fiscal Impact: City Manager's Office City Attorney City Council Regular Meeting - Page 9 of 219 Coordinated With: If the grant is awarded by HCD, the City of Lynwood's FY 2020-21 budget will increase by $631,387 for projects specific to the grant application. ATTACHMENTS: Description Attachment A - Resolution Exhibit A- Five-Year PLHA Plan City Council Regular Meeting - Page 10 of 219 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE ADOPTION AND IMPLEMENTATION OF A FIVE-YEAR PLAN UNDER THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD) PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM WHEREAS, the Department is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 02/26/2020 under the Permanent Local Housing Allocation (PLHA) Program; and WHEREAS, the City of Lynwood is an eligible Local government applying for the program to administer one or more eligible activities; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA grant recipients. WHEREAS, in order to participate in the formula allocation, the City of Lynwood is required to develop a Five-Year PLHA Plan describing how the City will allocate funds among the eligible activities; how investments will prioritize households with incomes at 60% and below of the area median income (AMI); and how the Five-Year PLHA Plan is consistent with the City’s Housing Element; and WHEREAS, a copy of the City of Lynwood’s Five-Year PLHA Plan was made available for public review and comment from July 25, 2020 through August 4, 2020, on the City’s website; and WHEREAS, the City of Lynwood did not receive any comments during the public review and comment period; and WHEREAS, on August 4, 2020, the City Council for the City of Lynwood conducted a duly advertised public hearing on the adoption of the City’s Five-Year PLHA Plan, at which time evidence, both oral and written, including a staff report were presented and received, and comments were heard from all interested parties appearing in the matter. City Council Regular Meeting - Page 11 of 219 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and determines that all of the foregoing recitals are true and correct and are incorporated herein by reference. Section 2. The City of Lynwood has prepared a Five-Year PLHA Plan for the period 2019, 2020, 2021, 2022, and 2023 in accordance with PLHA Program regulations. Section 3. The City Council of the City of Lynwood hereby adopts the Five-Year PLHA Plan, which is attached hereto as Exhibit A. Section 4. If the City of Lynwood receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts the City of Lynwood may have with the Department. Section 5. The City of Lynwood hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department. Section 6. Pursuant to the City of Lynwood’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements. Section 7. The City of Lynwood shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department. Section 8. The Lynwood City Council herby authorizes the City Manager, Jose Ometeotl, or his designee to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents, which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate. Section 9. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. [SIGNATURES ON FOLLOWING PAGE] City Council Regular Meeting - Page 12 of 219 PASSED, APPROVED and ADOPTED this 4th day of August 2020. Aide Castro Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia Jose Ometeotl City Attorney City Manager City Council Regular Meeting - Page 13 of 219 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 4th day of August, 2020, and passed by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 14 of 219 Permanent Local Housing Allocation 5-Year Plan and Application for Funding PUBLIC REVIEW PERIOD: JULY 25, 2020 – AUGUST 4, 2020 PROPOSED ADOPTION DATE: AUGUST 4, 2020 City Council Regular Meeting - Page 15 of 219 City of Lynwood Permanent Local Housing Allocation Program Five-Year 2019-2023 Plan DRAFT §302(c)(4) Plan Introduction: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Non- entitlement Local government formula component Notice of Funding Availability (NOFA). This NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019. Funding for this NOFA is provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Purpose: The City of Lynwood is considered an Entitlement Local government, and is eligible for a 2019 formula allocation of PLHA funds in the amount of $631,387. The approximate PLHA five-year formula allocation amount is $3,788,322. PLHA funds must be used to carry out one or more of the eligible activities listed below: 1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, or moderate-income households, including necessary Operating subsidies. 2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High- cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California. 3. Matching portions of funds placed into Local or Regional Housing Trust Funds. 4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. 5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing. 6. Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. 7. Accessibility modifications in Lower-income Owner-occupied housing. 8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. City Council Regular Meeting - Page 16 of 219 9. Homeownership opportunities, including, but not limited to, down payment assistance. 10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project. Requirements: In order to participate in the formula allocation, the City of Lynwood is required to develop a five-year plan detailing the manner in which allocated funds will be used for eligible activities. Plan: It is being recommended that the City of Lynwood utilize the funds in the following manner: I. §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. The PLHA-funded programs will target individuals and households experiencing homelessness. The project’s programs will include the provision of housing and supportive case management services to individuals with the goal of obtaining and retaining housing. Understanding the State of California’s inability to guarantee project funding beyond the 2019 allocation, the City of Lynwood’s PLHA funding plan is prepared to adjust to this possibility by a three- (3) scenario budget plan. The first plan projects a 2019 budget grant that will rehab a property presently owned by the City. The second plan projects a greater PLHA fund that will allow for the acquisition of land with an existing structure that can be rehabbed. The third and final plan projects for a best case scenario PLHA budget that is at or close to the NOFA mark. As required by project guidelines, the City will proceed with filing amendments to the satisfaction of HCD or any improved change subject to State of California’s increased funding expectations. II. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). The homeless shelter facility referenced above will be occupied by individuals and households with incomes of no more than 60% AMI. The City owns several underutilized properties comprising of undeveloped land as well as properties containing underutilized facilities. The City will either utilize a presently owned location or immediately acquire and improve a suitable location within a 2019 allocation grant budget or adjust funding upward subject to the State of California's fiscal ability to do so. As a part of its services to the homeless population, the City will also provide resources that will include access to education, skill-based training and other supportive/case management services to increase each individual’s opportunity to successfully transition out of homeless and towards a goal of self-sufficiency. City Council Regular Meeting - Page 17 of 219 III. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element. The City of Lynwood’s Housing Element includes the activity of creating and providing homelessness assistance facilities and support programs to individuals and families. The City of Lynwood will adopt a second resolution on August 4, 2020 specifically describing the planned PLHA activities reflected in the submitted PLHA Plan. IV. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301) §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. V. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. The City of Lynwood’s Housing Element includes the activity of creating and providing homelessness assistance facilities and other support programs to individuals and families. Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). Funding Allocation Year 2019 2020 2021 2022 2023 Type of Activity for Persons Experiencing or At Risk of Homelessness Emergency Shelters Emergency Shelters Emergency Shelters Emergency Shelters Emergency Shelters §302(c)(4)(E)(i) Percentage of Funds Allocated for the Proposed Activity 100% 100% 100% 100% 100% §302(c)(4)(E)(ii) Area Median Income Level Served 60% 60% 60% 60% 60% TOTAL §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level §302(c)(4)(E)(ii) Projected Number of Households Served 0 0 50 75 125 250 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) N/A N/A N/A N/A City Council Regular Meeting - Page 18 of 219 VI. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. The project will complete administrative Planning and Building Division reviews and will complete all construction and rehabilitation work in-line with all California Building Code standards. Construction is anticipated to begin in September 2021. City Council Regular Meeting - Page 19 of 219 Agenda Item # 9. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: John Downs, Director of Finance Lilly Hampton, Senior Accounting Technician SUBJECT: APPROVAL OF THE WARRANT REGISTERS Recommendation: Staff recommends that the City Council of the City of Lynwood approve the warrant registers dated August 4, 2020 for FY 2019-2020 and FY 2020-2021. Background: N/A Discussion and Analysis: N/A Fiscal Impact: FY 2019-2020 AND FY 2020-2021 Coordinated With: City Manager City Attorney ATTACHMENTS: Description WARRANT RUNS 8 04 2020 City Council Regular Meeting - Page 20 of 219 FY 2019-2020 apCkHist Void-Check Listing Page: 1 07/29/2020 3:33PM City of Lynwood Bank code: apbank Void Check# Date Vendor Status ClearNoid Date Reason-Void/Reissue Inv. Date Amount Paid Check Total -- 197594 01/21/2020 012463 GATEWAY 06/30/2020 STALE DATED 12/17/2019 66.79 66.79 197596 01/21/2020 012465 JOSE ROBLEDO 06/30/2020 STALE DATED 12/17/2019 130.50 130.50 197705 02/04/2020 000128 MARX BROS FIRE 06/30/2020 STALE DATED 199430 12/12/2019 90.00 90.00 197782 02/06/2020 012042 RAUL ECHEMENDIA 06/30/2020 STALE DATED 04/22/2019 200.00 200.00 197907 02/12/2020 011522 BRIGIDA SANCHEZ 06/30/2020 STALE DATED 199438 06/21/2018 350.00 350.00 197956 03/03/2020 001249 AIDE CASTRO 06/30/2020 STALE DATED 199428 03/31/2020 500.00 500.00 197997 03/03/2020 012518 ROBERTO IRIARTE 06/30/2020 CANCELLED TRIP 01/14/2020 325.00 325.00 198069 03/05/2020 012383 MARIA ELENA 06/30/2020 STALE DATED 11/06/2019 146.00 06/30/2020 103167 11/06/2019 146.00 292.00 198275 03/25/2020 010541 IRMA VERA 06/30/2020 STALE DATED 199440 03/16/2020 130.00 130.00 198284 03/25/2020 012579 JEFFERY SINGLETON 06/30/2020 STALE DATED 199439 03/16/2020 30.00 30.00 198300 04/07/2020 011723 EVELYN ARREAGA 06/30/2020 STALE DATED 199436 12/20/2019 250.00 250.00 198325 04/07/2020 007243 COUNTY OF LOS 06/30/2020 STALE DATED 199429 03/09/2020 977.92 06/30/2020 20030904630 03/09/2020 369.21 1,347.13 198385 04/07/2020 012486 JAVIER ARMANDO PEREZ 06/30/2020 STALE DATED 199438 03/10/2020 581.07 581.07 198484 04/21/2020 011076 KEENAN & ASSOCIATES 06/30/2020 STALE DATED 199432 02/19/2020 4,299.29 4,299.29 198525 04/21/2020 000102 HD SUPPLY CONST.& 06/30/2020 STALE DATED 199431 03/10/2020 260.33 06/30/2020 50012517191 03/11/2020 87.60 347.93 198776 05/19/2020 012672 QIANA EPPS-FAISON 06/30/2020 SPELLING 199425 04/21/2020 100.00 100.00 199314 07/07/2020 000057 WILLDAN ENGINEERING 07/21/2020 ERROR PRINTING 05/29/2020 17,161.00 07/21/2020 00619309 05/29/2020 9,052.43 07/21/2020 00332022 04/15/2020 7,844.00 07/21/2020 00619310 05/26/2020 6,310.03 07/21/2020 022-12449 06/15/2020 2,160.00 07/21/2020 00222773 06/08/2020 688.75 Page: 1 City Council Regular Meeting - Page 21 of 219 apCkHist 07/29/2020 3:33PM Bank code: apbank Void Check# Date Vendor 17 checks in this report Void-Check Listing City of Lynwood Status ClearNoid Date Reason-Void/Reissue 07/21/2020 00332021 Page:2 Inv. Date Amount Paid Check Total 04/15/2020 225.00 43,441.21 apbank Total: 52,480.92 Total Checks: 52,480.92 Page:2 City Council Regular Meeting - Page 22 of 219 vchlist 07/29/2020 10:05:0SAM Bank code: apbank Voucher Date Vendor 1004695 6/30/2020 009720 CITY OF LYNWOOD 1004696 6/30/2020 000124 CITY OF LYNWOOD FY 2019-2020 Electronic Financial Transaction List City of Lynwood Invoice 1274 1618 1856-1866 1909-1925 1926-1934 33215-33255 33256-33295 33296-33353 PO# Page: 3 Description/Account Amount VOIDED Bl LOSS 7151.35.350.67410 -15,000.00 VOIDED OTHER EXPENSE 7151 .35.350.67411 -900.00 REPLENISH LIABILITY ACCOUNT-1/2020 7151.35.350.67407 10,770.00 7151.35.350.67410 980.06 REPLENISH LIABILITY ACCOUNT-5/2020 7151.35.350.67407 35,883.59 REPLENISH LIABILITY ACCOUNT-6/2020 7151 .35.350.67407 12,300.00 Total: 44,033.65 REPLENISH WORKERS COMP-1/2020 7151 .35.345.67408 162.20 7151.35.345.67407 543.00 7151.35.345.67411 2,143.30 7151 .35.345.67409 788.00 7151.35.345.67408 4,172.40 7151.35.345.67411 315.00 7151 .35.345.67409 5,220.00 7151 .35.345.67408 231 .24 7151 .35.345.67411 180.00 REPLENISH WORKERS COMP-2/2020 7151.35.345.67406 525.00 7151 .35.345.67409 480.00 7151 .35.345.67408 3,716.34 7151 .35.345.67411 157.50 7151.35.345.67409 4,640.00 REPLENISH WORKERS COMP-3/2020 7151.35.345.67408 177.22 7151.35.345.67407 3,567.70 7151 .35.345.67409 480.00 7151 .35.345.67408 6,633.75 7151.35.345.67411 1,733.90 7151.35.345.67409 5,220.00 -- Page: 3 City Council Regular Meeting - Page 23 of 219 vchlist 07/29/2020 10:05:0SAM Bank code: apbank Voucher Date Vendor 1004696 6/30/2020 000124 CITY OF LYNWOOD Electronic Financial Transaction List City of Lynwood Invoice PO# (Continued) 33354-33414 33415-33361 33467-33539 Description/Account 7151.35.345.67411 7151.35.345.67409 7151.35.345.67411 REPLENISH WORKERS COMP-4/2020 7151.35.345.67408 7151.35.345.67407 7151.35.345.67406 7151.35.345.67409 7151.35.345.67408 7151.35.345.67409 7151.35.345.67411 7151 .35.345.67408 7151.35.345.67409 7151.35.345.67411 7151.35.345.67408 REPLENISH WORKERS COMP-5/2020 7151.35.345.67408 7151.35.345.67407 7151.35.345.67409 7151.35.345,67408 7151.35.345.67409 7151.35.345.67411 7151.35.345.67408 REPLENISH WORKERS COMP-6/2020 7151.35.345.67407 7151.35.345.67406 7151.35.345.67409 7151 .35.345.67408 7151.35.345.67409 7151.35.345.67408 7151.35.345.67411 7151 .35.345.67409 7151 .35.345.67411 7151.35.345.67408 7151.35.345.67406 7151 .35.345.67411 7151 .35.345.67408 Page: 4 Amount 32.43 3,539.34 5.00 556.71 1,288.00 6,850.96 480.00 6,034,72 4,640.00 1,085.52 345.53 2,154.38 167.00 -765.98 1,020.77 5,981.60 480.00 9,925.53 3,480.00 439.66 764.20 3,869.33 13,490.95 685.98 3,196.50 2.85 2,206.56 420.00 4,060.00 526.38 1,492.60 -903.65 -205.98 -3,044.71 -- Page: 4 City Council Regular Meeting - Page 24 of 219 vchlist 07/29/2020 10:05:0SAM Bank code: apbank Voucher Date Vendor 1004696 6/30/2020 000124 CITY OF LYNWOOD 2 Vouchers for bank code : apbank 2 Vouchers in this report Electronic Financial Transaction List City of Lynwood Invoice PO# ------- (Continued) Description/Account 7151.35.345.67411 7151.35.345.67409 7151.35.345.67408 7151.35.345.67406 Total: Bank total: Total vouchers : Page: 5 Amount -837.49 -67.13 -952.00 -100,649.34 12,882.77 56,916.42 56,916.42 Page: 5 City Council Regular Meeting - Page 25 of 219 vchlist 07/21/2020 11 :33:36AM Bank code; apbank Voucher Date Vendor 199424 7/16/2020 005344 AT&T MOBILITY 199425 7/16/2020 012672 EPPS-FAISON, QIANA 199426 7/16/2020 012859 GARCIA, MARIA Y 199427 7/16/2020 012858 RIVERA, EMILIO 199428 7/20/2020 001249 CASTRO, AIDE 199429 7/20/2020 007243 COUNTY OF LOS ANGELES 199430 7/20/2020 000128 MARX BROS FIRE EXTINGUISHER FY 2019-2020 Prepaid-Check List City of Lynwood Invoice 07082020 Anv1avj6 0625-0134 1023-0057 1119-0289 0775-0085 001249-033120 20030904629 20030904630 S11151 PO# 12-000320 12-000320 06-008045 06-008045 06-008100 Page: 6 Description/Account Amount CELL PHONE SERVICE 1011 .65.290.64501 6051.65.290.64501 Total: 2,302.73 986.88 3,289.61 REFUND-BATEMAN HALL RENTAL DEPOSIT 1011.60.33215 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 REFUND-CANCELLED BATEMAN HALL RENTAL 100.00 100.00 250.00 1011.60.33215 200.00 REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 300.00 Total: 750.00 REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 800.00 800.00 Total: ELECTRONIC/MEDIA-AUTO EXPENSES-03/2020 1011.10.101.60025 250.00 250.00 500.00 1011.10.101.60030 Total: TRAFFIC SIGNAL MAINTENANCE 2051.45.430.62015 TRAFFIC SIGNAL MAINTENANCE 2051.45.430.62015 FIRE EXTINGUISHERS 1011.45.415.64399 Total: Total: 977.92 369.21 1,347.13 90.00 90.00 Page: 6 City Council Regular Meeting - Page 26 of 219 vchlist 07/21/2020 11:33:36AM Bank code : Voucher 199431 199432 apbank Date Vendor 7/20/2020 000102 WHITE CAP, HD SUPPLY CONST.& 7/21/2020 011076 KEENAN &ASSOCIATES 9 Vouchers for bank code : 9 Vouchers in this report apbank Prepaid-Check List City of Lynwood Invoice 50012500501 50012517191 011076-021920 PO# ------- 06-008131 06-008131 05-001781 Description/Account OPERATING SUPPLIES 1011.45.415.65020 OPERATING SUPPLIES 1011.45.415.65020 Page: Total: LONG TERM & SHORTTERM DISABILITY 1011.35.330.64399 Total: Bank total: Total vouchers: 7 Amount 260.33 87 .60 347.93 4,299.29 4,299.29 11,523.96 11 ,523.96 Page: 7 City Council Regular Meeting - Page 27 of 219 FY 2019-2020 vchlist Prepaid-Check List Page: 8 07/23/2020 8:51:0SAM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 199433 7/21/2020 006399 AT&T 000014975973 TELEPHONE SERVICE 6051.45.450.64501 1,625.88 000014977186 TELEPHONE SERVICE 6051.45.450.64501 206.43 Total: 1,832.31 199434 7/21/2020 000163 SOUTHERN CALIFORNIA EDISON 000163071520 LIGHT & POWER SERVICES 2651.45.425.65001 90.05 2051.45.430.65001 753.83 2701.45.610.65001 308.98 2651.45.425.65001 13,934.53 6051.45.450.65001 69.54 2651.45.425.65001 1,714.68 Total: 16,871.61 199435 7/21/2020 000164 THE GAS CO. 000164072020 GAS SERVICES 1011.45.415.65005 5.63 1011 .60.710.65005 16.12 1011 .60. 7 45.65005 14.79 1011.60.710.65005 63.60 1011.45.415.65005 29.58 1011.60.740.65005 91 .97 1011.45.415.65005 13.43 1011 .60.720.65005 64.38 6051.45.450.65005 39.65 Total: 339.15 199436 7/22/2020 011723 ARREAGA, EVELYN QIRFJDH3 BARTENDER SERVICE 08-004207 1011.60.740.62064 250.00 Total: 250.00 199437 7/22/2020 012486 PEREZ, JAVIER ARMANDO 012486-033120 LATIN DANCE CLASS INSTRUCTOR 08-004477 1011.60.715.62015 581.07 Total: 581.07 199438 7/22/2020 011522 SANCHEZ, BRIGIDA 4817 REFUND BATEMAN HALL RENTAL DEPOSIT Page: 8 City Council Regular Meeting - Page 28 of 219 vchlist Prepaid-Check List 07/23/2020 8:51:0SAM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice 199438 7/22/2020 011522 SANCHEZ, BRIGIDA (Continued) 199439 7/22/2020 012579 SINGLETON, JEFFERY 1119-0344 199440 7/22/2020 010541 VERA, IRMA 86N3VIOW 199441 7/22/2020 011963 WEX BANK 66480001 199442 7/23/2020 012881 ANDERSON, DANTE 0938-0120 199443 7/23/2020 001330 CANON FINANCIAL SERVICES, INC. 21318447 199444 7/23/2020 012880 DAVIS, CAROLYN 1044-0019 199445 7/23/2020 012883 GLOVER, RAYVON 1052-0111 199446 7/23/2020 012884 HERNANDEZ, WENDY 1031-0010 PO# -- 06-008005 12-000279 12-000279 12-000279 12-000279 Page: 9 Description/Account Amount 1011.60.33215 Total: REFUND-BATEMAN HALL RENTAL CANCELLED 350.00 350.00 1011.60.33215 30.00 Total : 30.00 REFUND-BATEMAN HALL RENTAL CANCELLED 1011.60.33215 Total: FUEL CHARGES FOR ALL CITY VEHICLES 7011.45.420.65010 Total: 130.00 130.00 10,246.77 10,246.77 REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 150.00 150.00 Total: PRINTERS LEASE AND MAINTENANCE 1011 .65.290.63030 6051.65.290.63030 1011.65.290.63025 6051.65.290.63025 Total: 1,319.08 329.77 1,039.37 207.87 2,896.09 REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 250.00 250.00 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 800.00 Total : 800.00 REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 250.00 Page: 9 City Council Regular Meeting - Page 29 of 219 vchlist 07/23/2020 8:51:0SAM Bank code : apbank Voucher Date Vendor 199446 7/23/2020 012884 012884 HERNANDEZ, WENDY 199447 7/23/2020 012879 MOODY, ANTOINETTE 199448 7/23/2020 012283 NEAL, OSCAR 199449 7/23/2020 010988 PEREZ, MARIA 199450 7/23/2020 012882 SPRINGS, LESHEL 199451 7/23/2020 010541 VERA, IRMA 19 Vouchers for bank code : apbank Prepaid-Check List City of Lynwood Invoice PO# ------ (Continued) 1104-0013 1083-0002 0697-0026 1065-0052 1013-0130 Page: 10 Description/Account Amount Total : 250.00 REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 200.00 200.00 100.00 100.00 800.00 800.00 1011.60.33215 100.00 Total: 100.00 REFUND-CANCELLED BATEMAN HALL RENTAL 1011 .60.33215 Total: Bank total: 100.00 100.00 36,277.00 Page: 10 City Council Regular Meeting - Page 30 of 219 FY 2020-2021 vchlist Prepaid-Check List Page: 11 07/29/2020 8:52:09AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 199452 7/23/2020 000450 LIEBERT CASSIDY WHITMORE 1499141 MEMBERSHIP DUES 1011.35.335.65040 3,540.00 Total: 3,540.00 199453 7/23/2020 007551 AFSCME DISTRICT COUNCIL 36 007551-070220 EMPLOYEE CONTRIBUTIONS PD 7/2/2020 1011.20144 1,626.24 007551-071620 EMPLOYEE CONTRIBUTIONS PD 7/16/2020 1011.20144 1,605.48 Total: 3,231.72 199454 7/23/2020 011927 AMERICAN FIDELITY ASSURANCE CO 011927-070220 EMPLOYEE CONTRIBUTIONS PD 7/2/2020 1011.20140 2,185.83 011927-071620 EMPLOYEE CONTRIBUTIONS PD 7/16/2020 1011.20140 2,185.83 Total: 4,371.66 199455 7/23/2020 011927 AMERICAN FIDELITY ASSURANCE CO 011927-070220-1 EMPLOYEE CONTRIBUTIONS PD 7/2/2020 1011.20140 266.66 011927-071620-1 EMPLOYEE CONTRIBUTIONS PD 7/16/2020 1011.20140 266.66 Total: 533.32 199456 7/23/2020 007552 CITY EMPLOYEES ASSOCIATES C07552-070220 EMPLOYEE CONTRIBUTIONS PD 7/2/2020 1011.20143 200.00 007552-071620 EMPLOYEE CONTRIBUTIONS PD 7/16/2020 1011.20143 200.00 Total: 400.00 199457 7/23/2020 010048 LEGAL SHIELD 010048-070220 EMPLOYEE CONTRIBUTIONS PD 7/2/2020 1011.20146 70.30 010048-071620 EMPLOYEE CONTRIBUTIONS PD 7/16/2020 1011.20146 70.30 Total: 140.60 199458 7/23/2020 012556 MUNICIPAL DENTAL POOL 012556-083120 DENTAL PREMIUM 8/2020 1011.20141 11,317.85 Page: 11 City Council Regular Meeting - Page 31 of 219 vchlist 07/29/2020 Bank code : Voucher 199458 199459 199460 199461 199462 199463 8:52:09AM apbank Date Vendor 7/23/2020 012556 MUNICIPAL DENTAL POOL 7/29/2020 012885 FLORES, ANTONIO 7/29/2020 012887 GONZALEZ, IVANIA 7/29/2020 012886 OLEA, GULLERMINA 7/29/2020 012162 PEARSON, PAMELA 7/29/2020 000163 SOUTHERN CALIFORNIA EDISON Prepaid-Check List City of Lynwood Invoice (Continued) 1011-0015 0972-0087 0702-0012 0607-0047 000163072120 PO# Description/Account 7151 .26105 7151.35.355.64012 Page: Total : 12 Amount 90.66 7,057.95 18,466.46 REFUND-CANCELLED BATEMAN HALL RENTAL 1011 .60.33215 800.00 800.00 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 1011.60.33215 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 1011 .60.33215 Total: REFUND-CANCELLED BATEMAN HALL RENTAL 1011 .60.33215 Total: LIGHT & POWER SERVICES 2051.45.430.65001 2651.45.425.65001 2051.45.430.65001 100.00 100.00 800.00 800.00 100.00 100.00 11 .25 179.45 68.58 1011.60.720.65001 1,451 .06 2051.45.430.65001 80.54 2651.45.425.65001 239.37 1011.45.415.65001 119.29 2051.45.430.65001 491 .17 2651.45.425.65001 322.62 2051.45.430.65001 277.96 1011.60.740.65001 2,659.41 2051.45.430.65001 352.54 2651.45.425,65001 43.18 2051.45.430.65001 322.26 1011.60.745.65001 1,832.68 Page: 12 City Council Regular Meeting - Page 32 of 219 vchlist 07/29/2020 8:52:09AM Bank code: apbank Voucher 199463 199464 Date Vendor 7/29/2020 000163 SOUTHERN CALIFORNIA EDISON 7/29/2020 001224 STANDARD INSURANCE COMPANY 13 Vouchers for bank code: 13 Vouchers in this report apbank Prepaid-Check List City of Lynwood Invoice (Continued) 001224-083120 PO# Description/Account 1011.60.710.65001 2701.45.610.65001 2051.45.430.65001 2651.45.425.65001 6051.45.450.65001 2051.45.430.65001 1011.60.710.65001 2651.45.425.65001 2051.45.430.65001 2651.45.425.65001 2051.45.430.65001 2651.45.425.65001 Total: LIFE INSURANCE PREMIUM 8/2020 1011.20138 7151.35.355.64012 Total: Bank total: Total vouchers : Page: 13 Amount 724.74 70.88 125.41 55.78 29.36 91.58 3,539.56 1,007.54 2,993.86 1,878.91 90.62 758.08 19,817.68 1,616.00 731.00 2,347.00 54,648.44 54,648.44 Page: 13 City Council Regular Meeting - Page 33 of 219 FY 2019-2020 vchlist Check List Page: 14 07/29/2020 3:19:59PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 199465 8/4/2020 012415 3M'S EMBROIDERY 8000CSC ADULT COED SOFTBALL SHIRTS 08-004478 1011 .60.705.65020 160.14 8000MSC ADULT MENS SOFTBALL SHIRTS 08-004479 1011.60.705.65020 157.93 Total : 318.07 199466 8/4/2020 000743 ADMINISTRATIVE SVCS. CO-OP 20608 TRANSPORTATION SERVICE 08-004494 2401 .60. 725.62015 6,715.58 5000 TRANSPORTATION SERVICE 08-004494 2401.60.725.62015 14,210.77 Total : 20,926.35 199467 8/4/2020 012897 ALA, SHEREEN 48924,55,95,49306 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 32.00 Total: 32.00 199468 8/4/2020 008217 AMAZON.COM, LLC 469743347878 COMPUTER & NETWORKING 12-000291 1011.65.290.65020 406.45 12-000291 6051.65.290.65020 406.45 Total : 812.90 199469 8/4/2020 003312 AMERICAN RENTALS 458813 EQUIPMENT RENTAL & SUPPLIES 06-007986 2051.45.410.63030 63.67 458813-A EQUIPMENT RENTAL & SUPPLIES 06-008324 2051.45.410.65020 348.71 Total: 412.38 199470 8/4/2020 001821 APPLE, INC. AC23487181 CHECK IN EQUIPMENT-EMERGENCY MEASURE 08-004507 1011.60.715.66015 667.30 Total: 667.30 199471 8/4/2020 004285 AVANT GARDE, INC. 6267 HOUSING CONSUL TING SERVICES 11-001445 2941 .51.285.62015 1,477.50 6268 LABOR COMPLIANCE-ATP 06-007060 4011.68.036.62015 4,108.75 6270 HSIP IMPERIAL AND ATLANTIC Page: 14 City Council Regular Meeting - Page 34 of 219 vchlist 07/29/2020 Bank code: Voucher 199471 199472 199473 199474 199475 3:19:59PM apbank Date Vendor 8/4/2020 004285 AVANT GARDE, INC. 8/4/2020 012896 BALTAZAR, SARAHY 8/4/2020 010563 BUCKNAM INFRASTRUCTURE, INC. 8/4/2020 006014 CA BLDG.STANDARDS COMMISSION 8/4/2020 000488 CANON SOLUTIONS AMERICA, INC Check List City of Lynwood Invoice (Continued) 6271 6272 6275 6276 6278 6279 6280 6281 48979-48935 350-03.03 350-04.04 006014-033120 4033264587 PO# ------- 06-008241 06-008242 06-008243 06-008488 06-008429 06-008589 06-008524 06-008524 06-008540 06-008578 06-008585 06-007925 12-000280 Page: 15 Description/Account Amount 4011 .68.073.62015 153.50 HSIP ALAMEDA AND MLK 4011.68.07 4.62015 98.00 HSIP ATLANTIC AND CARLIN 4011.68.075.62015 174.75 PALM AVENUE EMERGENCY LABOR COMPLIANCE 4011.68.061 .62015 LABOR COMPLIANCE FOR WELL 4011 .67 .901 .62015 VIRGINIA STREET AND WATER 4011.68.083.62015 LABOR COMPLIANCE FOR GO GREEN 325.00 760.00 325.00 2651.45.425.64399 159.84 1011.45.415.64399 39.96 LABOR COMPLIANCE ON PAVEMENT REHABILITATION 4011.68.085.62015 2,370.00 PARKING LOT IMPROVEMENT LABOR COMPLIANCE 4011.68.081.62015 187.50 Total: 10,179.80 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 32.00 Total : 32.00 UPDATE OF PAVEMENT MANAGEMENT SYSTEM 2351.45.405.62015 SIDEWALK ASSESSMENT 4011 .68.022.62015 BUILDING/STANDARDS FEE 1011.20202 Total: Total: CANON PRINTS AND MAINTENANCE 1011.65.290.63025 17,801.82 14,107.80 31,909.62 182.00 182.00 24.33 Page: 15 City Council Regular Meeting - Page 35 of 219 vchlist Check List Page: 16 07/29/2020 3:19:59PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 199475 8/4/2020 000488 CANON SOLUTIONS AMERICA, INC (Continued) 12-000280 6051 .65.290.63025 6.57 4033330108 CANON PRINTS AND MAINTENANCE 12-000280 1011.65.290.63025 17.32 12-000280 6051 .65.290.63025 4.68 Total: 52.90 199476 8/4/2020 012005 CARNEY MEHR, A LEGAL CORP. 1074 LEGAL SERVICES 05-001764 1011.35.335.62001 275.00 1074-A COVID RELATED LEGAL SERVICES 05-001812 1051.35.218.62001 1,375.00 1079 LEGAL SERVICES 05-001753 1011.35.335.62001 797.50 1080 COVID RELATED LEGAL SERVICES 05-001812 1051.35.218.62001 1,072.50 1080-A LEGAL SERVICES 05-001764 1011.35.335.62001 2,612.50 Total : 6,132.50 199477 8/4/2020 001195 CDW GOVERNMENT XNC6737 COMPUTER TABLETS 06-008474 6051.45 .450.66015 114.34 XND7432 COMPUTER TABLETS 06-008474 6051.45.450.66015 332.07 ZGH5887 COMPUTER TABLETS 06-008474 6051.45.450.66015 4,553.20 Total: 4,999.61 199478 8/4/2020 000702 CINTAS DOCUMENT MANAGEMENT 5017078883 COVID-19 NITRILE LATEX FREE GLOVES 05-001808 1051 .35 .217.65020 506.05 8404710038 ZOLL AED PLUS 05-001725 7151 .35.345.62015 958.07 Total: 1,464.12 199479 8/4/2020 006281 CONSULTANTS, PROFESSIONAL IN000107283 SECURITY SVCS. 08-004267 1011.10.101.62016 272.55 08-004267 1011 .20.110.62016 272.55 08-004267 1011 .15.105.62016 272.55 Page: 16 City Council Regular Meeting - Page 36 of 219 vchlist Check List Page: 17 07/29/2020 3:19:59PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 199479 8/4/2020 006281 CONSULTANTS, PROFESSIONAL (Continued) 08-004267 1011 .25.205.62016 272.55 08-004267 6051 .30.315.62016 893.26 08-004267 1011 .30.275.62016 893.26 08-004267 1011.35.330.62016 272.55 08-004267 6051.45.450.62016 352.77 08-004267 1011.45.401 .62016 352.77 08-004267 1011.51 .505.62016 272.55 08-004267 1011 .60.701 .62016 9,492.45 08-004267 1011.65.290.62016 136.26 08-004267 6051 ,65.290.62016 136.20 IN000107284 SECURITY FOR PRIVATE RENTALS 08-004251 1011.60.740.62016 604.76 IN000107286 SECURITY FOR PRIVATE RENTALS 08-004251 1011.60.740.62016 787.60 IN000107287 SECURITY FOR PRIVATE RENTALS 08-004251 1011.60.740.62016 186.08 IN000107294 SECURITY SVCS. 08-004267 1011.10.101 .62016 272.61 08-004267 1011.20.110.62016 272.61 08-004267 1011.15.105.62016 272.61 08-004267 1011 .25.205.62016 272.61 08-004267 6051 .30.315.62016 893.49 08-004267 1011.30.275.62016 893.49 08-004267 1011 .35.330.62016 272.61 08-004267 6051.45.450.62016 353.86 08-004267 1011.45.401.62016 352.86 08-004267 1011 .51 .505.62016 272.61 08-004267 1011 .60. 701 .62016 9,494.83 08-004267 1011 .65.290.62016 136.30 08-004267 6051.65.290.62016 135.26 IN000107318 SECURITY SVCS. 08-004267 1011 .10.101 .62016 273.12 08-004267 1011 .20.110.62016 273.12 08-004267 1011 .15.105.62016 273.12 08-004267 1011 .25.205.62016 273.12 08-004267 6051 .30.315.62016 895.14 Page: 17 City Council Regular Meeting - Page 37 of 219 vchlist 07/29/2020 Bank code : Voucher 199479 199480 199481 199482 199483 3:19:59PM apbank Date Vendor 8/4/2020 006281 CONSULTANTS, PROFESSIONAL 8/4/2020 010754 COOL IMAGE WATER, OBA/ AMERICAN 8/4/2020 012891 CORTEZ, GREGORIO 8/4/2020 007243 COUNTY OF LOS ANGELES 8/4/2020 007223 COX, CASTLE & NICHOLSON LLP Check List City of Lynwood Invoice -- (Continued) 000861 000861-A 48979 IN200001104 022953.00000-PWB-6 PO# 08-004267 08-004267 08-004267 08-004267 08-004267 08-004267 08-004267 08-004267 06-008538 06-008538 06-008538 06-008538 06-008538 06-008537 06-008537 06-008537 06-008537 06-008537 06-008045 11-001622 Description/Account 1011 .30.275.62016 1011.35.330.62016 6051.45.450.62016 1011.45.401.62016 1011.51.505.62016 1011.60.701.62016 1011.65.290.62016 6051 .65.290.62016 Page: Total : WATER DISPENSER FOR PUBLIC WORKS 18 Amount 895.14 273.12 353.31 353.51 273.12 9,512.35 136.55 136.68 43,287.86 1011.45.415.65020 83.79 1011.45.405.65020 83. 79 6051.45.450.65020 83. 79 2051.45.410.65020 83. 78 2051.45.430.65020 83. 78 DRINKING WATER DELIVERY SERVICES 6051.45.450.64399 32.35 2051.45.410.64399 32.35 2051.45.430.64399 32.35 1011.45.415.64399 1011.45.401.64399 Total: 32.34 32.34 580.66 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 25.00 Total : 25.00 TRAFFIC SIGNAL MAINTENANCE 2051.45.430.62015 Total: ENVIRONMENTAL LEGAL SVCS - 1011.26107 Total: 3,847.78 3,847.78 39,911.90 39,911.90 Page: 18 City Council Regular Meeting - Page 38 of 219 vchlist 07/29/2020 Bank code: Voucher 199484 199485 199486 199487 199488 199489 199490 199491 3:19:59PM apbank Date Vendor 8/4/2020 012898 CUEVAS, SILVIA 8/4/2020 003334 FED EX 8/4/2020 012832 GONZALEZ, BELEN 8/4/2020 000233 HARDY AND HARPER, INC. 8/4/2020 005848 INFRASTRUCTURE ENGINEERS 8/4/2020 008254 JCL TRAFFIC SERVICES 8/4/2020 000097 JONES LUMBER 8/4/2020 003331 LA. COUNTY SHERIFF DEPT. Check List City of Lynwood Invoice 48902-48907-48958 6-949-57640 7-056-03805 7-056-03805-A 48977-48990 45453 25231 25238 25239 104875 210409 203859AL Page: 19 PO# Description/Account Amount WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 30.00 Total: 30.00 COURIER SERVICES 06-008051 1011.45.415.64399 10.33 COURIER SERVICES 06-008195 7011.45.420.64399 4.94 COURIER SERVICES 06-008051 1011.45.415.64399 4.81 Total: 20.08 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 28.00 Total: 28.00 STREET IMPROVEMENT -BULLIS ROAD 06-008539 4011 .68.076.62015 305,160.49 06-008539 4011.20601 -15,258.02 Total: 289,902.47 BUILDING & SAFETY CONSUL TING 11-001438 1011.51.501.62015 3,723.28 CAPISTRANO SEWER 06-008479 4011.68.041.62015 696.40 BULLIS ROAD CONSTRUCTION 06-008465 4011 .68.076.62015 1,617.00 Total: 6,036.68 STREET SIGNS AND SUPPLIES 06-008295 2051.45.410.65020 1,265.12 Total : 1,265.12 MATERIALS & SUPPLIES 06-008079 2051.45.410.65020 330.75 Total : 330.75 GENERAL LAW ENFORCEMENT Page: 19 City Council Regular Meeting - Page 39 of 219 vchlist 07/29/2020 Bank code: Voucher 199491 199492 199493 199494 199495 199496 3:19:59PM apbank Date Vendor 8/4/2020 003331 L.A. COUNTY SHERIFF DEPT. 8/4/2020 005256 MONJARAS & WISMEYER GROUP.INC. 8/4/2020 008574 NABB CONSTRUCTION, INC. 8/4/2020 000475 NATIONWIDE ENVIRONMENTAL SVCS. 8/4/2020 012453 NEW LEAF CALIFORNIA LLC 8/4/2020 011922 NORTH STAR LAND CARE LLC Check List City of Lynwood Invoice (Continued) 2D3860AL 203912AL 204110AL 19302 11615nc1 11615nc2 30902 3D902-A 30986 30989 2026 1601-17-A Page: 20 PO# Description/Account Amount 01-001455 1011.40.215.62015 942,580.13 GENERAL LAW ENFORCEMENT 01-0D1455 1011.40.215.62D15 18,926.80 SHERIFF'S SERVICE FOR RENTALS 08-004253 1011.60.740.62016 1,241 .65 HELICOPTER SERVICES 01-001459 1011.40.215.64399 2,663.86 Total: 965,412.44 EMPLOYEE ACCOMMODATION WORK RESTRICTIONS 05-001742 1011.35.335.62015 495.00 Total: 495.00 CDBG HOUSING REHAB 11-0D1607 2941.51 .286.6724D 3,636.00 CDBG HOUSING REHAB 11-001607 2941.51.286.67240 404.00 Total: 4,040.00 GRAFFITI REMOVAL 06-008528 1011.45.614.62015 19,781 .18 06-008528 1011.45.4D5.62015 24,684.71 GRAFFITI REMOVAL SERVICES 11-001428 3381.51.750.62015 5,000.00 STREET SWEEPING SERVICES D6-D08071 1011.45.457.62015 2,305.10 06-0D8071 2851.45.410.62015 2,305.10 CATCHBASIN CLEANING 06-008062 1011.45.457 .62015 19,982.69 Total: 74,058.78 TRAINING ACADEMY FOR SUPERVISORS & MANAGERS 05-001755 1011 .35.335.64010 3,137.50 Total: 3,137.50 TREE TRIMMING, MAINTENANCE AND INSPECTION Page: 20 City Council Regular Meeting - Page 40 of 219 vchlist 07/29/2020 Bank code: Voucher 199496 199497 199498 199499 199500 3:19:59PM apbank Date Vendor 8/4/2020 011922 NORTH STAR LAND CARE LLC 8/4/2020 012892 PEREZ, HUGO 8/4/2020 010945 PETDATA, INC. 8/4/2020 011924 R2BUILD 8/4/2020 012135 RAMBOLL US CORPORATION Check List City of Lynwood Invoice (Continued) 1601-21-A 1601-22-A 1601-43-A 1601-57-A 1601-63-A 1601-63-B 1601-64-A 1601-94 48965-48928 8793 3 4 1690043305 PO# 06-008198 06-008198 06-008198 06-008198 06-008198 06-008198 06-008198 06-008198 06-008198 11-001429 06-008433 06-008433 06-008433 06-008433 Page: 21 Description/Account Amount 2701.45.620.62015 7,819.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 700.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 280.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 336.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 2,548.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 1,484.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 2,016.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 6,168.00 TREE TRIMMING, MAINTENANCE 2701.45.620.62015 24,719.00 Total : 46,070.00 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 28.00 Total: 28.00 ANIMAL LICENSE SERVICES 1011.51.445.62015 500.00 Total : 500.00 SITING OF EMERGENCY GENERATOR AND SITE 4011 .67.901 .62015 107,642.66 4011.20601 -5,382.13 SITING OF EMERGENCY GENERATOR AND SITE 4011.67 .901.62015 186,900.00 4011.20601 -9,345.00 Total: 279,815.53 GROUNDWATER REVIEW, ANALYSIS, AND SAMPLE Page: 21 City Council Regular Meeting - Page 41 of 219 vchlist Check List Page: 22 07/29/2020 3:19:59PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 199500 8/4/2020 012135 RAMBOLL US CORPORATION (Continued) 06-008404 6051.45.450.62015 3,092.47 1690049093 GROUNDWATER REVIEW, ANALYSIS, AND SAMPLE 06-008404 6051.45.450.62015 1,996.75 1690053355 WELL 11 EVALUATION 06-008583 6051.45.450.62015 75,000.00 1690053355-A INVESTIGATION OF CITY DRINKING WATER WELL 06-008596 6051.45.450.62015 6,652,82 Total: 86,742.04 199501 8/4/2020 010761 RIVERA, EUGENE 2020-04 HOME HOUSING REHAB PROGRAM 11-001555 2961.51 .865.67235 6,912.00 2020-05 HOME HOUSING REHAB PROGRAM 11-001555 2961 .51.865.67235 4,468.00 Total: 11,380.00 199502 8/4/2020 012093 SAESHE 8856 USED OIL PROGRAM ASSISTANCE 06-008446 3621.45.460.62015 1,397.31 06-008446 3621.45.460.62025 105.19 8857 USED OIL PROGRAM ASSISTANCE 06-008446 3621.45.460.62015 557.50 8858 USED OIL PROGRAM ASSISTANCE 06-008446 3621.45.460.62015 7,043.19 8859 USED OIL PROGRAM ASSISTANCE 06-008446 3621 .45 .460.62015 1,025.00 8860 USED OIL PROGRAM ASSISTANCE 06-008446 3621.45.460.62015 1,100.00 Total: 11,228.19 199503 8/4/2020 012889 SANCHEZ, EULALIO 48969 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 25.00 Total: 25.00 199504 8/4/2020 006772 SEA CLEAR POOL, INC. 20-1100 POOL MAINTENANCE 06-008159 1011.45.415.63025 490.70 Total : 490.70 Page: 22 City Council Regular Meeting - Page 42 of 219 vchlist Check List 07/29/2020 3:19:59PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice - 199505 8/4/2020 012895 SERRANO, SALVADOR 48968 199506 8/4/2020 012893 SIGMON, LATASHA 48910 199507 8/4/2020 008956 SPCALA 2020-0630 2020-0630-A 199508 8/4/2020 009025 STETSON ENGINEERS INC. 2700-019 199509 8/4/2020 011394 SULLY-MILLER CONTRACTING CO. 1859842 199510 8/4/2020 012521 TERRA REAL TY ADVISORS, INC 202007-13794 199511 8/4/2020 007742 ULINE, INC. 121849750 199512 8/4/2020 009742 UNI FIRST CORPORATION 3242412325 3242412326 3242412327 PO# ------- 11-001431 11-001619 06-008178 06-008521 06-008521 11-001610 08-004516 06-008470 06-008594 06-008594 06-008594 Page: 23 Description/Account Amount WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 25.00 Total : 25.00 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 25.00 Total: 25.00 ANIMAL SHELTER SERVICES 1011.51.445.62015 ANIMAL SHELTER SERVICES 1011.51.445.62015 Total: WATER MASTER PLAN SERVICES 6051 .45.450.62015 Total: 36,516.14 33.86 36,550.00 9,289.00 9,289.00 GERTRUDE DRIVE STREET IMPROVEMENT PROJECT 4011.68.080.62015 4011.20601 REAL ESTATE CONSULTING 1011.51.505.62015 Total: Total : COVID-19 SUPPLIES FOR MEAL PROGRAM 1051.60.217.65020 Total: UNIFORM SERVICE AND SUPPLIES 3,514.39 -175.72 3,338.67 2,358.75 2,358.75 217.34 217.34 2051.45.430.60040 18. 72 UNIFORM SERVICE AND SUPPLIES 6051.45.450.60040 50.80 UNIFORM SERVICE AND SUPPLIES 2701.45.610.60040 12.11 1011.45.415.64399 13.89 Page: 23 City Council Regular Meeting - Page 43 of 219 vchlist 07/29/2020 Bank code: Voucher 199512 199513 199514 199515 199516 199517 199518 3:19:59PM apbank Date Vendor 8/4/2020 009742 UNI FIRST CORPORATION 8/4/2020 012890 VILLANUEVA, GABY 8/4/2020 002912 WATERLINE TECHNOLOGIES.INC 8/4/2020 009100 WATERWORKS TECHNOLOGY.INC. 8/4/2020 000057 WILLDAN ENGINEERING 8/4/2020 012888 WISEMAN, CAMEY 8/4/2020 012899 YORK, WANDA Check List City of Lynwood Invoice (Continued) 3242412327-A 3242412328 3242412329 3242412330 48963-48908 5496070 6637 6661 C22-12452 48939-48910 48987-48919-48938 PO# ------- 06-008470 06-008594 06-008594 06-008594 06-008594 06-008004 06-008423 06-008423 06-008423 06-008423 06-008514 Description/Account UNIFORM SERVICE AND SUPPLIES 2051.45.430.60040 UNIFORM SERVICE AND SUPPLIES 2701.45.610.60040 UNIFORM SERVICE AND SUPPLIES 2051.45.410.60040 2701.45.610.60040 UNIFORM SERVICE AND SUPPLIES 1011.45.415.64399 Page: 24 Amount 27 .37 73.02 56.73 2.65 60.14 Total : 315.43 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011 .60.33186 28.00 Total: 28.00 OPERATING SUPPLIES 6051.45.450.65020 327.24 Total: 327.24 MANAGEMENT OF WATER AND SEWER SERVICES 6051.45.450.62015 5,396.79 6401.45.460.62015 2,312.91 MANAGEMENT OF WATER AND SEWER SERVICES 6051.45.450.62015 1,541 .58 6401.45.460.62015 660.68 Total: 9,911.96 INSPECTION, GEOTECHNICAL 4011.67 .901 .62015 1,790.00 Total: 1,790.00 WEIGHT LOSS-CANCELLED DUE TO COVID-19 1011.60.33186 32.00 Total: 32.00 WEIGHT LOSS-CANCELLED DUE TO COVID-19 Page: 24 City Council Regular Meeting - Page 44 of 219 vchlist 07/30/2020 7:24:36AM Bank code: apbank Voucher Date Vendor 199518 8/4/2020 012899 YORK, WANDA 199519 8/4/2020 009647 MV CHENG & ASSOCIATES, INC. 199520 8/4/2020 010976 MUNISERVICES, LLC 56 Vouchers for bank code : apbank Check List City of Lynwood Invoice (Continued) 6/302020 INV06-008970 PO# ------- 02-002368 02-002368 02-002344 Page: 25 Description/Account Amount 1011.60.33186 37.00 Total : 37.00 TEMP STAFFING FINANCE-6/2020 1011.30.270.62015 6051.30.315.62015 Total: 5,700.00 5,700.00 11,400.00 PROPERTY/SALES TAX ANALYSIS & REPORTING 1011.30.275.62015 Total: Bank total: 1,115.59 1,115.59 2,023,572.01 Page: 25 City Council Regular Meeting - Page 45 of 219 vchlist 07/30/2020 9:01:01AM Bank code: apbank Voucher Date Vendor 199521 8/4/2020 000370 ALATORRE, SALVADOR 199522 8/4/2020 001500 ASSOCIATION OF GOVERNMENTS, 199523 8/4/2020 006399 AT&T 199524 8/4/2020 011834 CASANOVA, JORGE FY 2020-2021 Check List City of Lynwood Invoice -- 000370-083120 2020-21 000015008410 000015011552 000015011554 000015011555 000015011557 000015011561 000015011565 000015011671 000015011672 000015011742 011834-083120 PO# ------- Page: 26 Description/Account Amount ELECTRONIC/MEDIA-AUTO EXPENSES 8/2020 1011 .10.101.60025 250.00 1011 .10.101.60030 250.00 Total: 500.00 MEMBERSHIP DUES 1011.10.101.65040 5,984.00 Total : 5,984.00 TELEPHONE SERVICE 6051.45.450.64501 43.44 TELEPHONE SERVICE 6051.45.450.64501 78.58 TELEPHONE SERVICE 6051.45.450.64501 20.88 TELEPHONE SERVICE 6051.45.450.64501 186.68 TELEPHONE SERVICE 6051.45.450.64501 57.70 TELEPHONE SERVICE 6051.45.450.64501 78.58 TELEPHONE SERVICE 6051.45.450.64501 20 .88 TELEPHONE SERVICE 6051.45.450.64501 40.12 TELEPHONE SERVICE 6051.45.450.64501 40 .12 TELEPHONE SERVICE 1011 .65.290.64501 40.12 Total: 607.10 ELECTRONIC/MEDIA-AUTO EXPENSES 8/2020 1011 .10.101.60025 250.00 1011.10.101.60030 250.00 Total: 500.00 Page: 26 City Council Regular Meeting - Page 46 of 219 vchlist 07/30/2020 Bank code: Voucher 199525 199526 199527 199528 199529 199530 199531 199532 199533 9:01:01AM apbank Date Vendor 8/4/2020 001249 CASTRO, AIDE 8/4/2020 001052 CENTRAL BASIN WATER ASSOC. 8/4/2020 003334 FED EX 8/4/2020 008611 GWMA 8/4/2020 011293 INFINITY GENERAL CONTRACTORS 8/4/2020 001612 LEAGUE OF CALIFORNIA CITIES 8/4/2020 008802 SANTANA, MARISELA 8/4/2020 008668 SOLACHE, JOSE LUIS 8/4/2020 006066 THE SHERWIN WILLIAMS CO. Check List City of Lynwood Invoice 001249-083120 001052-2020-2021 7-062-80032 2021-17 LW-ESBR-07162020 3870 008802-083120 008668-083120 7802-4 7847-9 PO# ------- 02-002397 06-008620 06-008619 Page: 27 Description/Account Amount ELECTRONIC/MEDIA-AUTO EXPENSES 8/2020 1011.10.101.60025 250.00 250.00 500.00 1011.10.101.60030 Total: MEMBERSHIP DUES 6051.45.450.65040 2,825.24 Total: 2,825.24 COURIER SERVICES 1011 .30.270.64399 67.76 Total: 67.76 MEMBERSHIP DUES 6051.45.450.65040 15,000.00 Total : 15,000.00 ELECTRICAL -BREAKER REPAIRS/AVALOS PARK 4011.68 068.62015 MEMBERSHIP DUES 1011.25.205.65040 Total: Total: 16,393.68 16,393.68 1,218.00 1,218.00 ELECTRONIC/MEDIA-AUTO EXPENSES 8/2020 1011.10.101 .60025 250.00 250.00 500.00 1011.10.101 .60030 Total: ELECTRONIC/MEDIA-AUTO EXPENSES 8/2020 1011.10.101.60025 1011 .10.101 .60030 Total: 250.00 250.00 500.00 PAINT & SUPPLIES FOR NES GRAFFITI REMOVAL 1011.45.614.65020 1,291.70 PAINT & SUPPLIES FOR NES GRAFFITI REMOVAL Page: 27 City Council Regular Meeting - Page 47 of 219 vchlist 07/30/2020 10:35:32AM Bank code: apbank Voucher Date Vendor 199533 8/4/2020 006066 THE SHERWIN WILLIAMS CO. 199534 8/4/2020 002912 WATERLINE TECHNOLOGIES.INC 199535 8/4/2020 007860 THE PUN GROUP, LLP 15 Vouchers for bank code: apbank Check List City of Lynwood Invoice (Continued) 5499021 5499022 5499222 5499224 5499226 5499482 5499483 5499484 5499485 112580 PO# 06-008619 06-008617 06-008617 06-008617 06-008617 06-008617 06-008617 06-008617 06-008617 06-008617 02-002399 02-002399 02-002399 02-002399 02-002399 02-002399 02-002399 02-002399 Page: 28 Description/Account Amount 1011.45.614.65020 1,375.04 Total: 2,666.74 OPERATING SUPPLIES 6051.45.450.65020 212.54 OPERATING SUPPLIES 6051.45.450.65020 506.05 OPERATING SUPPLIES 6051.45.450.65020 269.89 OPERATING SUPPLIES 6051.45.450.65020 293.51 OPERATING SUPPLIES 6051.45.450.65020 202.42 OPERATING SUPPLIES 6051.45.450.65020 168.68 OPERATING SUPPLIES 6051.45.450.65020 236.16 OPERATING SUPPLIES 6051 .45.450.65020 337.37 OPERATING SUPPLIES 6051.45.450.65020 489.18 Total : 2,715.80 AUDITING SERVICES ENDING 6/2020 1052.30.315.62005 2,965.00 1011.30.270.62005 7,615.00 1011.51.815.62005 1,852.50 2051.45.410.62005 537.50 2941.51.285.62005 372.50 6051.30.315.62005 2,965.00 6401.30.315.62005 2,965.00 1011.45.401.62005 5,355.00 Total : 24,627.50 Bank total : 74,605.82 Page: 28 City Council Regular Meeting - Page 48 of 219 Agenda Item # 10. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Shanell Shipe, Assistant to the City Manager SUBJECT: CITY MANAGER'S MONTHLY TASK ORDER REPORT Recommendation: It is recommended that the City Council of the City of Lynwood receive and file the City Manager's Monthly Task Order Report for the month of July 2020. Background: On September 17, 2019 the City Council of the City of Lynwood approved Ordinance No. 1727, "An Ordinance of the City Council of the City of Lynwood, County of Los Angeles, State of California Amending Section 6-3.16 of the Lynwood Municipal Code," which allows for a set spending authority allotted for City Management or his/her authorized designee. 6-3.10 City Manager Authority: The city manager or his/ her duly authorized designee shall be authorized to sign on behalf of the city all purchase orders or contracts for procuring supplies, equipment, and routine services, and professional/ special services which do not exceed a total contract or purchase order amount of twenty- five thousand dollars ($25,000) in any one- year period. This section shall not be construed to limit or otherwise restrict the authority delegated by the city council to the city manager, as Purchasing Officer, pursuant to section 6-3.16 of this chapter. 6-3.11 Report Of Purchases: a. The city manager shall file a report of purchases with the city council on a monthly basis. The report shall account for all purchases of supplies, equipment or routine services and all contracts for professional services exceeding five thousand dollars ($5,000.00) which were made without prior city council approval during the preceding month. b. The report shall identify the subject matter of the purchase or contract, the requesting department, the person or entity from whom the purchase was made, and the amounts paid or payable by the city or its agencies under each such purchase order or contract. City Council Regular Meeting - Page 49 of 219 6-3.16 Master Services Contracts and Task Orders Task Orders shall be issued pursuant to a Master Services Contract with a specific scope of work and the Purchasing Officer shall have authority to execute such Task Order for individual projects for fifty thousand dollars ($ 50,000) or less. Any Task Order in an amount exceeding fifty thousand dollars ($50,000) shall require City Councils approval. Task Orders shall not be issued for an amount exceeding two hundred thousand dollars ($200,000.00). An individual Request for Qualification process and a new contract awarded by the City Council shall be required for amounts exceeding two hundred thousand dollars ($200,000). The City Manager shall prepare and submit a report detailing all Task Orders authorized by the City Manager to the City Council on a monthly basis. Discussion and Analysis: The noted task orders were approved and executed in accordance to Ordinance No. 1711, amending the City's Municipal Code. Fiscal Impact: Fiscal impact for each project is noted on attached task order report. Coordinated With: Finance Department ATTACHMENTS: Description Task Order Report City Council Regular Meeting - Page 50 of 219 Subject Matter Requesting Department Requesting Person/Entity AmountConstruction Inspection Services for Gertrude Drive Street Improvements Public Works Infrastructure Engineers $25,000.00Fee Proposal for Public Works Inspection Services for Brewster Avenue Street and Water Improvement ProjectPublic Works Transtech $38,400.00Fee Proposal for Public Works Inspection Services for Brewster Avenue Street and Water Improvement ProjectPublic Works Transtech $25,600.00Fee Proposal for Public Works Inspection Services for Miscellaneous Citywide Street Improvement InspectionsPublic Works Transtech $32,000.00Fee Proposal for Public Works Inspection Services for Miscellaneous Citywide Water Improvement InspectionsPublic Works Transtech $19,200.00HSIP Cycle 9‐ Traffic Signal Improvements at the Intersection of Atlantic Avenue & Carlin Avenue Public Works Infrastructure Engineers $14,978.00Proposal for Professional Landscaping Services for Landscaping of the Sanborn Parking Lot Public Works Willdan $4,000.00Proposal to Provide Pavement Correction List ‐ Slurry Seal Project 2018‐2019 Public Works Interwest $3,840.00HSIP Cycle 9‐ Traffic Signal Improvements at the Intersection of Imperial Hwy & Atlantic Ave Public Works Infrastructure Engineers $14,909.00HSIP Cycle 9‐ Traffic signal Improvements at the Intersection of Alameda St & Martin Luther King Jr. Blvd Public Works Infrastructure Engineers $19,956.00City Manager's Executed Task Orders July 2020City Council Regular Meeting - Page 51 of 219 Agenda Item # 11. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Gabriela Camacho, City Treasurer Sheila Harding, Deputy City Treasurer SUBJECT: TREASURER'S QUARTERLY REPORT Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the 4th quarter ending June 30, 2020. Background: Due to the crisis caused by the Orange County investment pool, the State Legislature in 1995 enacted SB564 and SB866. These laws were enacted as State Statutes to impose certain mandates regarding investments with public funds. The statutes have imposed the following mandates: 1. Annual adoption of an Investment Policy that incorporates changes mandated by the State. 2. Quarterly Investment Reports presented to the Legislative Body or Board Members. 3. Restriction on the use of certain investment instruments. The purpose of the Treasurer’s report is to update the City Council and the public of the status of the City’s cash balances, investments and highlight changes from one period to another. This report includes reconciliation between cash and investment balances, a schedule of all investments, and a report providing information on all investment types, costs, interest rates, maturity dates and current market value. Reports prepared by FTN Main Street Capital Advisors are as follows: Portfolio Summary Investment Policy Compliance Report Historical Earnings & Book Rate Portfolio Summary - Management Portfolio Details – Investments Report City Council Regular Meeting - Page 52 of 219 Inventory by Maturity Report Credit Rating Report Interest Earnings Report Accrued Interest Report Realized Gains/Losses Cash Reconciliation Report Monthly Economic & Market Update Report Discussion and Analysis: The market value of securities fluctuates, depending on how interest rates perform. When interest rates decrease, the market value of the securities in the City’s portfolio will likely increase and when the interest rates increase, the market value of the securities will likely decrease. The City’s practice is to buy and hold investments until maturity so changes in the market price do not affect the City’s investment principal. Short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. LAIF is a high quality investment available in terms of safety, liquidity and yield. The City’s cash and investment portfolio is sufficiently liquid to meet expected expenditures for the coming six months. The majority of property tax revenues are received from the County in December and April. The vast majority of cash held by the City is deposited into the Local Agency Investment Fund and can be withdrawn at any time. There are three petty cash funds totaling $1,700.00 currently being used by various departments. There are two change funds totaling $640.00; Water Billing $600.00 and Recreation $40.00. The total amount of Non Sufficient Funds (NSF) from customers for the 4th quarter reporting is $3,032.12 of which, $731.86 has been collected. The remaining balance of Non Sufficient Funds outstanding for the 4th quarter is $2,300.26. The market valuation is provided by FTN Main Street Capital Advisors and all of the investments are in compliance with California Government Code Sections 53600 et seq. and the City’s investment policy. Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: FTN Financial Main Street Advisors. ATTACHMENTS: Description Quarterly - June 2020 FHN Quarterly - June 2020 City Council Regular Meeting - Page 53 of 219 Schedule of City Cash & Investments: This schedule provides information on the cash and investments managed by the City. Quarterly Interest Credit Money Market/Certificate of Deposit (CD)Balance Interest F/Y to Date JP Morgan Chase - Section 108 MMA $125,251.32 3.07$ 406.92$ JP Morgan Chase - Money Market Account $1,881,639.92 46.23$ 6,113.01$ JP Morgan Chase - Parking Enforcement $3,671,124.22 90.03$ 11,012.07$ US Bank - City of Lynwood 4,539.27$ 0.10$ 0.40$ Total $5,682,554.73 139.43$ 17,532.40$ Demand Deposits General Account 12,532,186.73 US Bank - Economic Development 10,696.54 US Bank - Housing Authority A 34,901.44 US Bank - Housing Authority B 18,000.09$ US Bank - City HCDA 78,719.79$ US Bank - City Home Program 491,949.00 US Bank - Taxable Tabs 1,710,209.45$ US Bank - Lyn Tr. Center Unf Wrkr 2,791.24$ US Bank - Money Market Account 49,028.48$ US Bank - US Dept. of HUD/Section 108 170,048.96$ US Bank - RORF Successor Agency 4,646,290.56 US Bank - Low Mod Housing Trst Fnd/Rogel 4,452,851.70 US Bank - Lynwood Disaster Relief Fund 5,000.00$ US Bank - Settlement Remittance Fund 398,423.32 US Bank - Housing Authority 6,376.71$ Total 24,607,474.01$ Money Market Fund - A Money Market fund is a type of mutual fund that invest in short term debt securities of agenies of the U.S. Government, banks, corporations and U.S. Treasury Bills. Some advantages of a money market fund over savings and CDs are high liquidity, low risk, and competive yields. The City currently has a total of five MMA accounts within the City's investment portfolio. Certificate of Deposit - A Certificate of Deposit or CD, is a time deposit. They are similar to savings accounts in that they are insured and relatively risk-free. They are different from savings accounts in that they usually are for a fixed term and a fixed interest rae. CDs are inteded to be held until maturity, at which time, the money may be withdrawn together with the accrued interest. The City currently has one CD within the City's investment portfolio Demand Deposits - Also known as "cash in the bank", this is the balance of the City's checking account with US Bank, from which virtually all obligations are paid. CITY OF LYNWOOD QUARTERLY INVESTMENT REPORT June 30, 2020 City Council Regular Meeting - Page 54 of 219 JUNE 2020.xls Quarterly Date Interest Issuer Investment Balance Interest Rec'd Received Rate State of California LAIF 14,896,946.65 37,388.70 30-Jun-20 1.36% Local Agency Investment Fund (LAIF): The Local Agency Investment Fund is managed by the State Treasurer's Office Investment Division through the Pooled Money Investment Account (PIMA). The LAIF allows cities, counties and special districts to place money in a major portfolio and to use the expertise of their Investment Division staff, with no additional cost to taxpayers. Participating agencies can withdraw their funds from the LAIF at any time. The State Treasurer invests money safely and prudently while minimizing the service costs and maximizing the service costs and maximizing the investment yields. These investments help manage cash flow and enhance financial security. The interest earned from the LAIF is distribued quarterly. (See Chart Below) 101 Billion 6/30/2020 CITY OF LYNWOOD QUARTERLY REPORT June 30, 2020 LAIF Daily Yield 1.15% - Quarter to Date 1.43% - Average Days to Maturity 189 Pooled Money Investment Account Portfolio Composition 0 0.2 0.4 0.6 0.8 1 Loans Corporate Bonds Commercial Paper Now Accounts Time Deposits CDs/BNs Agencies Mortgages Treasuries 10.57% 0.00% 7.64% 0.00% 5.44% 13.17% 20.78% 0.00% 52.38% City Council Regular Meeting - Page 55 of 219 JUNE 2020.xls PAR MARKET BOOK INVESTMENTS VALUE VALUE VALUE *Money Market Funds 1,074,760.87$ 1,074,760.87$ 1,074,760.87$ LAIF 14,896,946.65$ 14,896,946.65$ 14,896,946.65$ Corporate Notes 3,250,000.00$ 3,415,335.00$ 3,286,079.84$ Federal Agency 2,200,000.00$ 2,289,769.00$ 2,195,928.87$ Treasury Coupon Securities 250,000.00$ 251,932.50$ 249,232.09$ CD-FDIC 4,464,000.00$ 4,677,353.52$ 4,460,916.59$ TOTAL 26,135,707.52$ 26,606,097.54$ 26,163,864.91$ *Money Market Fund held at Goldman Sach Schedule of City Cash & Investments: This schedule provides information on the cash and investments managed by the City. Time Deposit/MM/Certificate of Deposit Balance Maturity Date Interest JP Morgan Chase (Section 108)125,251.32$ N/A 3.07$ JP Morgan Chase - Money Market Account 1,881,639.92$ N/A 46.23$ JP Morgan Chase - Parking Enforcement 3,671,124.22$ N/A 90.03$ US Bank - City of Lynwood 4,539.27$ N/A 0.10$ TOTAL 5,682,554.73$ 139.43$ Corporate Checking Accounts Balance General Account 12,532,186.73$ US Bank - City HCDA 78,719.79$ US Bank - City Home Program 491,949.00$ US Bank - Economic Development 10,696.54$ US Bank - Housing Authority A 34,901.44$ US Bank - Housing Authority B 18,000.09$ US Bank - Lyn Tr. Center Unf Wrkr 2,791.24$ US Bank - City of Lynwood 49,028.48$ US Bank - RORF Successor Agency 4,646,290.56$ US Bank - Low Mod Housing Trst Fnd/Rogel 4,452,851.70$ US Bank - Taxable Tabs Housing Proj. 1,710,209.45$ US Bank - US Dept. of HUD/Section 108 170,048.96$ US Bank - Lynwood Disaster Relief Fund 5,000.00$ US Bank - Settlement Remittance Fund 398,423.32$ US Bank - Housing Authority 6,376.71$ TOTAL 24,607,474.01$ CITY OF LYNWOOD QUARTERLY REPORT 30-Jun-20 PORTFOLIO SUMMARY City Council Regular Meeting - Page 56 of 219 JUNE 2020.xls AVERAGE MARKET PERCENTAGE (%)DAYS TO DESCRIPTION VALUE PORTFOLIO MATURITY INVESTMENTS*26,606,097.54 100%* CERTIFICATE OF DEPOSIT/TIME DEPOSIT/ MONEY MARKET/CUSTODY HOLDINGS 5,682,554.73 CHECKING ACCOUNT 24,607,474.01 TOTAL AVERAGES 30,290,028.74$ TOTAL INVESTMENTS & AVERAGES 56,896,126.28$ Gabriela Camacho Gabriela Camacho/Sheila Harding I certify that this report accurately reflects all pooled City Treasurer/Deputy Treasurer investment policy statements adopted by the City Council on August 15, 1995. A copy of this policy is available at the office of the City Clerk. The Investment Program herein shown provides sufficient cash flow liquidy to meet 3 to 6 months estimated expenditures. *See Report Prepared by Main Street Capital Advisors CITY OF LYNWOOD QUARTERLY REPORT June 30, 2020 MASTER SUMMARY City Council Regular Meeting - Page 57 of 219 2019 Jan - Mar Apr - June July - Sept Oct - Dec Investments Managed by Main Street $19,343,710.80 $26,606,097.54 30,368,003.03 $27,035,284.10 Cash & Investments $31,824,909.82 $30,290,028.74 14,975,380.23 $18,572,566.34 Per Treasurer's Reports 51,168,620.62 56,896,126.28$ $45,343,383.26 45,607,850.44$ Accounts Balances per Statement Beginning Credits Debits Ending US Bank - General Account*17,938,354.54$ 6,311,886.53$ 5,712,010.78$ 18,538,230.29$ *Local Agency Investment Fund 7,823,958.07$ 72,988.58$ -$ 7,896,946.65$ US Bank - Economic Development 10,696.54$ -$ -$ 10,696.54$ US Bank - RORF - Successor Agency 3,255,618.85$ 3,255,618.85$ Accounts Balances per Statement Beginning Credits Debits Ending US Bank - General Account*18,538,230.29$ 8,943,960.41$ 12,517,578.17$ 14,964,612.53$ *Local Agency Investment Fund 7,896,946.65$ 7,000,000.00$ -$ 14,896,946.65$ US Bank - Economic Development 10,696.54$ 10,696.54$ US Bank - RORF - Successor Agency 3,255,618.85$ 3,255,618.85$ Accounts Balances per Statement Beginning Credits Debits Ending US Bank - General Account 14,964,612.53$ 4,083,993.01$ 6,516,418.81$ 12,532,186.73$ *Local Agency Investment Fund 14,896,946.65$ -$ 14,896,946.65$ US Bank - Economic Development 10,696.54$ -$ -$ 10,696.54$ US Bank - RORF - Successor Agency 3,255,618.85$ 4,358,509.96$ 2,967,838.25$ 4,646,290.56$ QUARTERLY TOTAL OF DEBITS/CREDITS 38,873,005.94$ 25,739,739.01$ *Funds transferred from LAIF account to the general account to cover expenditures 2020 Apr-20 May-20 Jun-20 CITY OF LYNWOOD QUARTERLY REPORT 30-Jun-20 MONTHLY BALANCES PER STATEMENT DEMAND DEPOSIT ACCOUNTS BALANCES PER QUARTER City Council Regular Meeting - Page 58 of 219 Portfolio Summary LAIF FFCB Market Value Goldman Sach Govt MMF Book Value JP Morgan Chase & Co. Variance FNMA FHLB Par Value Citibank Exxon Mobil Net Asset Value Toyota US Bank Book Yield Met Life Walmart Years to Maturity Apple BMW Effective Duration U.S. Treasury *Book Value is Amortized $442,233 $437,940 $26,135,708 $26,135,023 2.0% 1.9% 1.9% 1.9% 4.1% $101.690 $101.675 6/30/20 5/31/20 $26,606,098 $26,578,257 $26,163,865 $26,140,316 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 1.0% 6/30/2020 SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (MOODY'S) City of Lynwood ACCOUNT SUMMARY MONTH-END PORTFOLIO BOOK YIELD TOP ISSUERS Issuer % Portfolio 56.9% 4.6% 1.61% 1.71% 0.86 0.84 0.82 0.83 Agy 8.4% Tsy 1.0% LAIF 56.9% MMF 4.1% CD-FDIC 17.0% CP 0.0% Corp 12.6%70.5% 9.5%6.6%7.7%5.6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 0-1Y 1-2Y 2-3Y 3-4Y 4-5Y 56.9% 17.0% 0.0% 0.0% 2.0% 4.8% 2.0% 1.0% 1.9% 14.4% 0%25%50%75% NR-LAIF NR-FDIC CDs P-1 A3 A2 A1 Aa1 Aa2 Aa3 Aaa 1.50% 1.70% 1.90% 2.10% 2.30% 2.50%Jul-19Aug-19Sep-19Oct-19Nov-19Dec-19Jan-20Feb-20Mar-20Apr-20May-20Jun-20Total Ex LAIF NR: Not RatedPer Book ValuePer Book Value Per Book Value 2City Council Regular Meeting - Page 59 of 219 Investment Policy Compliance Securities' market values are derived from the Entity's custodian. 0.0% 0.0% 4.1% 12.6% Yes: Yes: Yes: Yes: Yes: Yes: Yes: Yes: Yes: 8.4% 17.0% 0.0% 14.9 Mil Supranational Debt Obligations U.S. Federal Agencies No sector limit, no issuer limit (FHLB, FFCB, FNMA, FHLMC), maximum maturity 5 years Commercial Paper 25% sector limit, no issuer limit, maximum maturity of 1 year, issued by national/state charter banks or savings and loan associations, collateralized according to State Code LAIF No sector limit, issuer limit is $65 million Negotiable Certificates of Deposit 30% sector limit, issuer limit no greater than FDIC insured limit (currently $250,000), max maturity 5 years, issued by national/state charter banks or savings and loan associations 30% limit, 5% per issuer of US dollar-denominated senior unsecured unsubordinated obligations guaranteed by IBRD, IFC, and IABD. Max maturity 5 years, min rating by 2 NRSRO's of AA. Non-Negotiable Time Deposits 25% sector limit, 2% per issuer, maximum maturity 270 days, rated A-1 S&P or P-1 Moody's, issued by a domestic corporation w/ at least $500 million of assets and A (S&P) or A2 (Moody's) long term debt Money Market Mutual Funds Sector limit 20%, issuer limit 10%, Aaa (S&P) and AAA (Moody's) Corporate Medium Term Notes 30% sectors limit, 2% issuer limit (includes CP in aggregate), maximum maturity 5 years, rated at least A by S&P or A2 by Moody's City of Lynwood 6/30/2020 1.0%Yes: Weighted Average Maturity Weighted Average Maturity (WAM) must be less than 3.0 years U.S. Treasuries No sector limit, no issuer limit, maximum maturity 5 years Liquidity At least 30% of the portfolio must have maturities of 1 year or less Yes:70.5% Item / Sector Parameters In Compliance 0.86 Yrs 3City Council Regular Meeting - Page 60 of 219 Historical Earnings and Book Rate of Return Performance Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun $10.1 $24.6 $34.1 $51.3 $61.1 $70.7 $87.2 $96.6 $107.6 $123.5 $133.8 $144.8 $12.2 $25.2 $38.6 $60.4 $73.8 $87.6 $109.0 $122.3 $136.9 $159.5 $174.8 $190.5 $16.9 $34.0 $49.5 $78.2 $93.6 $109.5 $136.7 $154.3 $173.9 $205.9 $225.9 $245.5 $20.7 $42.0 $63.2 $85.8 $106.6 $128.0 $152.4 $176.5 $200.9 $225.6 $252.5 $281.1 $28.6 $53.2 $75.2 $99.7 $122.7 $145.5 $174.9 $200.2 $229.0 $261.9 $297.4 $332.7 $37.9 $76.5 $113.6 $155.5 $190.6 $227.5 $272.8 $315.9 $362.6 $413.0 $462.1 $527.1 $65.1 $31.7 $187.2 $249.1 $303.1 $354.9 $410.1 $456.9 $498.4 $552.6 $586.8 $623.5 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2.41%2.38%2.36%2.31%2.27%2.21%2.19%2.18%2.14%3.30%1.85%1.71% Custom Benchmark*2.38%2.39%2.31%2.25%2.19%2.15%2.09%2.04%1.93%1.79%1.61%1.46% 0.03%-0.01%0.05%0.06%0.08%0.06%0.10%0.14%0.21%1.51%0.24%0.25% *Benchmark: 60% LAIF's Monthly Distribution Rate; ICE BofAML 24 Month Moving Average of 25% the 1-5 Year Corporate Index, 15% 1-5 Year Agency Index City of Lynwood 6/30/2020 Variance Book Rate of Rtn Fiscal YTD ($000s) FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 $0 $100 $200 $300 $400 $500 $600 $700 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunThousandsFiscal Year-to-Date Earnings FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Monthly Book Rate of Return vs Benchmark Portfolio Benchmark 13City Council Regular Meeting - Page 61 of 219 7-7-2020 16City Council Regular Meeting - Page 62 of 219 Moody's Page 1 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2020 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Lynwood - Portfolio Management S&P YTM 365CUSIPInvestment #Purchase Date Money Market Funds AaaGoldman Sach Govt MMF10011 1,074,760.87 1,074,760.87 0.1501,074,760.87 0.1509000 AAA 1,074,760.87 0.1501,074,760.871,074,760.871,078,283.06Subtotal and Average LAIF LAIF10000 14,896,946.65 14,896,946.65 1.15014,896,946.65 1.1509001 14,896,946.65 1.15014,896,946.6514,896,946.6514,896,946.65Subtotal and Average Corporate Notes Aa1Apple10118250,000.00 249,924.13 08/04/20211.55008/04/2016 253,670.00 1.579037833CC2 AA+ A1BMW10149250,000.00 249,507.55 04/12/20213.10010/09/2018 254,055.00 3.36505565EAU9 A+ Aa3Citibank10134250,000.00 249,992.66 10/20/20202.12510/23/2017 250,965.00 2.13517325FAJ7 A+ A1Cisco10123250,000.00 248,303.34 09/20/20211.85011/29/2016 254,445.00 2.44317275RBJ0 AA- A1Jackson Natl Life10128 250,000.00 249,115.53 06/27/20222.50007/12/2017 257,905.00 2.69146849LSW2 AA- A2JP Morgan Chase & Co.10160 500,000.00 511,688.93 05/13/20243.62505/13/2019 552,170.00 2.97046625HJX9 A- Aa3Met Life10135 250,000.00 250,799.24 04/08/20222.65011/02/2017 260,060.00 2.45859217GCD9 AA- AaaNew York Life10167 250,000.00 249,181.78 01/22/20252.00001/22/2020 262,535.00 2.07664952WDL4 AA+ A1Toyota10155250,000.00 252,566.58 01/08/20243.35002/28/2019 270,902.50 3.03389236TFS9 A+ A1US Bank10156 250,000.00 252,304.59 07/24/20233.40003/01/2019 270,212.50 3.07690331HNV1 AA- Aa2Walmart10142250,000.00 250,062.97 06/23/20213.12506/27/2018 256,967.50 3.098931142EJ8 AA Aa1Exxon Mobil10168 250,000.00 272,632.54 03/19/20252.99206/22/2020 271,447.50 1.02130231GBH4 AA 3,286,079.84 2.5243,415,335.003,250,000.003,095,344.92Subtotal and Average Federal Agency AaaFFCB10152500,000.00 500,575.87 11/15/20213.05011/27/2018 519,545.00 2.9613133EJT74 AA+ AaaFFCB10162500,000.00 499,919.96 07/01/20241.90007/02/2019 530,145.00 1.9043133EKTV8 AA+ AaaFFCB10165200,000.00 198,600.14 10/16/20241.50010/17/2019 209,234.00 1.6713133EK3B0 AA+ AaaFHLB10124500,000.00 498,045.74 12/10/20211.87512/28/2016 511,690.00 2.1623130AAB49 AA+ AaaFNMA10136500,000.00 498,787.16 10/05/20222.00011/30/2017 519,155.00 2.1133135G0T78 AA+ 2,195,928.87 2.2302,289,769.002,200,000.002,195,855.62Subtotal and Average Treasury Coupon Securities AaaU.S. Treasury10158 250,000.00 249,232.09 12/15/20201.87503/04/2019 251,932.50 2.5679128283L2 AA+ 249,232.09 2.567251,932.50250,000.00249,165.42Subtotal and Average Portfolio LYNW APData Updated: SET_PMM: 07/07/2020 08:27 Run Date: 07/07/2020 - 08:27 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 18City Council Regular Meeting - Page 63 of 219 Moody's Page 2 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2020 Portfolio Details - Investments Average BalanceIssuer Portfolio Management Lynwood - Portfolio Management S&P YTM 365CUSIPInvestment #Purchase Date CD-FDIC Comenity Capital Bank10143 248,000.00 247,657.09 06/29/20233.30006/29/2018 270,898.19 3.40320033AZK5 Barclays Bank10133 248,000.00 247,972.72 09/21/20201.95009/21/2017 249,029.16 2.00106740KKU0 BMW Bank10130 248,000.00 247,984.10 08/18/20201.90008/21/2017 248,635.46 1.95205580AKA1 Citibank10154 248,000.00 247,580.62 02/27/20243.00002/28/2019 272,909.52 3.05217312Q3B3 Enerbank10164 248,000.00 247,613.65 09/27/20232.00009/30/2019 262,080.46 2.05229278TLY4 Capital One Bank USA10129 248,000.00 247,756.66 08/02/20222.30008/03/2017 258,793.58 2.3511404203Z1 Eagle Bank10159 248,000.00 248,000.00 05/20/20222.60005/10/2019 258,781.36 2.60527002YEM4 Flagstar Bank10161 248,000.00 248,000.00 06/13/20222.50006/12/2019 258,947.18 2.50033847E2J5 First Missouri Bank10163 248,000.00 248,000.00 09/13/20241.85009/13/2019 264,238.02 1.85232100LCB9 Goldman Sachs Bank10144 248,000.00 247,657.32 07/06/20233.30007/09/2018 271,054.54 3.35238148PR33 HSBC10116 248,000.00 248,000.00 07/08/20201.40007/08/2016 248,108.24 1.40140434AZ44 Key Bank10131 248,000.00 247,982.99 08/21/20201.85008/24/2017 248,651.15 1.90349306SYR1 Merrick Bank10153 248,000.00 247,693.98 02/21/20233.35012/19/2018 268,615.63 3.40759013J5Z8 Morgan Stanley Bank10137 248,000.00 247,704.93 01/11/20232.65001/12/2018 263,276.87 2.70261747MF63 State Bank of India10138 248,000.00 247,923.57 02/16/20212.45002/15/2018 251,302.99 2.503856285HL8 Salllie Mae Bank10132 248,000.00 247,749.95 08/23/20222.35008/24/2017 259,358.63 2.402795450D36 Synchrony Bank10115 248,000.00 248,000.00 06/29/20211.55006/29/2016 250,546.56 1.55187165HNN6 Wells Fargo Bank10147 248,000.00 247,639.01 08/30/20233.30008/31/2018 272,125.98 3.354949763TF3 4,460,916.59 2.4634,677,353.524,464,000.004,634,453.62Subtotal and Average 1.60926,150,049.29 26,135,707.52 26,606,097.54 26,163,864.91Total and Average Portfolio LYNW APData Updated: SET_PMM: 07/07/2020 08:27 Run Date: 07/07/2020 - 08:27 PM (PRF_PM2) 7.3.0 19City Council Regular Meeting - Page 64 of 219 Lynwood - Maturity Report Inventory by Maturity Report June 30, 2020 Current Rate Par Value Book Value Sec. TypeFund Date Maturity Amount Days toTotal Days 360 365MaturityYTM MaturityCUSIPInvestment #Issuer Purchase Date 14,896,946.651.15014,896,946.65 14,896,946.6507/01/2019LAIF100009001PA2LYNL 11.1501.1341 1,074,760.870.1501,074,760.87 1,074,760.8707/01/2019Goldman Sach Govt MMF100119000PA1LYN 10.1500.1481 248,000.001.400248,000.00 248,000.0007/08/2016HSBC1011640434AZ44MC2LYN 07/08/2020 71.4011.3821,461 248,000.001.900247,984.10 248,000.0008/21/2017BMW Bank1013005580AKA1MC2LYN 08/18/2020 481.9521.9251,093 248,000.001.850247,982.99 248,000.0008/24/2017Key Bank1013149306SYR1MC2LYN 08/21/2020 511.9031.8761,093 248,000.001.950247,972.72 248,000.0009/21/2017Barclays Bank1013306740KKU0MC2LYN 09/21/2020 822.0011.9731,096 250,000.002.125249,992.66 250,000.0010/23/2017Citibank1013417325FAJ7MTNLYN 10/20/2020 1112.1352.1061,093 250,000.001.875249,232.09 250,000.0003/04/2019U.S. Treasury101589128283L2TRCLYN 12/15/2020 1672.5672.531652 248,000.002.450247,923.57 248,000.0002/15/2018State Bank of India10138856285HL8MC2LYN 02/16/2021 2302.5032.4691,097 250,000.003.100249,507.55 250,000.0010/09/2018BMW1014905565EAU9MTNLYN 04/12/2021 2853.3653.319916 250,000.003.125250,062.97 250,000.0006/27/2018Walmart10142931142EJ8MTNLYN 06/23/2021 3573.0983.0551,092 248,000.001.550248,000.00 248,000.0006/29/2016Synchrony Bank1011587165HNN6MC2LYN 06/29/2021 3631.5511.5301,826 250,000.001.550249,924.13 250,000.0008/04/2016Apple10118037833CC2MTNLYN 08/04/2021 3991.5791.5571,826 250,000.001.850248,303.34 250,000.0011/29/2016Cisco1012317275RBJ0MTNLYN 09/20/2021 4462.4432.4091,756 500,000.003.050500,575.87 500,000.0011/27/2018FFCB101523133EJT74FACLYN 11/15/2021 5022.9612.9211,084 500,000.001.875498,045.74 500,000.0012/28/2016FHLB101243130AAB49FACLYN 12/10/2021 5272.1622.1321,808 250,000.002.650250,799.24 250,000.0011/02/2017Met Life1013559217GCD9MTNLYN 04/08/2022 6462.4582.4241,618 248,000.002.600248,000.00 248,000.0005/10/2019Eagle Bank1015927002YEM4MC2LYN 05/20/2022 6882.6052.5691,106 248,000.002.500248,000.00 248,000.0006/12/2019Flagstar Bank1016133847E2J5MC2LYN 06/13/2022 7122.5002.4661,097 250,000.002.500249,115.53 250,000.0007/12/2017Jackson Natl Life1012846849LSW2MTNLYN 06/27/2022 7262.6912.6541,811 248,000.002.300247,756.66 248,000.0008/03/2017Capital One Bank USA101291404203Z1MC2LYN 08/02/2022 7622.3512.3191,825 248,000.002.350247,749.95 248,000.0008/24/2017Salllie Mae Bank10132795450D36MC2LYN 08/23/2022 7832.4022.3691,825 500,000.002.000498,787.16 500,000.0011/30/2017FNMA101363135G0T78FACLYN 10/05/2022 8262.1132.0841,770 248,000.002.650247,704.93 248,000.0001/12/2018Morgan Stanley Bank1013761747MF63MC2LYN 01/11/2023 9242.7022.6651,825 248,000.003.350247,693.98 248,000.0012/19/2018Merrick Bank1015359013J5Z8MC2LYN 02/21/2023 9653.4073.3601,525 248,000.003.300247,657.09 248,000.0006/29/2018Comenity Capital Bank1014320033AZK5MC2LYN 06/29/2023 1,0933.4033.3571,826 248,000.003.300247,657.32 248,000.0007/09/2018Goldman Sachs Bank1014438148PR33MC2LYN 07/06/2023 1,1003.3523.3061,823 250,000.003.400252,304.59 250,000.0003/01/2019US Bank1015690331HNV1MTNLYN 07/24/2023 1,1183.0763.0331,606 248,000.003.300247,639.01 248,000.0008/31/2018Wells Fargo Bank10147949763TF3MC2LYN 08/30/2023 1,1553.3543.3081,825 248,000.002.000247,613.65 248,000.0009/30/2019Enerbank1016429278TLY4MC2LYN 09/27/2023 1,1832.0522.0231,458 250,000.003.350252,566.58 250,000.0002/28/2019Toyota1015589236TFS9MTNLYN 01/08/2024 1,2863.0332.9921,775 248,000.003.000247,580.62 248,000.0002/28/2019Citibank1015417312Q3B3MC2LYN 02/27/2024 1,3363.0523.0101,825 500,000.003.625511,688.93 500,000.0005/13/2019JP Morgan Chase & Co.1016046625HJX9 MTNLYN 05/13/2024 1,4122.9702.9291,827 500,000.001.900499,919.96 500,000.0007/02/2019FFCB101623133EKTV8FACLYN 07/01/2024 1,4611.9041.8781,826 248,000.001.850248,000.00 248,000.0009/13/2019First Missouri Bank1016332100LCB9MC2LYN 09/13/2024 1,5351.8521.8271,827 Portfolio LYNW APData Updated: SET_MAT: 07/07/2020 08:32 Run Date: 07/07/2020 - 08:32 IM (PRF_IM) 7.1.1 Report Ver. 7.3.6.1 20City Council Regular Meeting - Page 65 of 219 Current Rate Par Value Book Value Sec. Type Page 2 Fund Date Maturity Amount Days toTotal Days 360 365 Maturity YTM Maturity Inventory by Maturity Report Lynwood - Maturity Report CUSIP Investment #Issuer Purchase Date 200,000.001.500198,600.14 200,000.0010/17/2019FFCB101653133EK3B0FACLYN 10/16/2024 1,5681.6711.6481,826 250,000.002.000249,181.78 250,000.0001/22/2020New York Life1016764952WDL4MTNLYN 01/22/2025 1,6662.0762.0481,827 250,000.002.992272,632.54 250,000.0006/22/2020Exxon Mobil1016830231GBH4MTNLYN 03/19/2025 1,7221.0211.0071,731 Subtotal and Average 26,135,707.52 26,135,707.5226,163,864.91 1.587 1.609 313 26,135,707.52 26,135,707.5226,163,864.91Net Maturities and Average 1.587 1.609 313 Portfolio LYNW APData Updated: SET_MAT: 07/07/2020 08:32 Run Date: 07/07/2020 - 08:32 IM (PRF_IM) 7.1.1 Report Ver. 7.3.6.1 21City Council Regular Meeting - Page 66 of 219 Lynwood - Credit Rating Credit Rating Report June 30, 2020 Sorted by Moody's - Investment Number Security #Purchase Principal Book ValueInvestment #% of Total Moody's RatingIssuerMarket Value S&P Rating Purchase Date Maturity Date Days To Maturity Stated Rate YTM 10011 9000GSGF 07/01/2019Aaa AAA1,074,760.87 1,074,760.87 1,074,760.87 1 0.150 0.150 4.11 12/10/2021101243130AAB49FHLB12/28/2016Aaa AA+493,290.00 498,045.74 511,690.00 527 1.875 2.162 1.90 10/05/2022101363135G0T78FNMA11/30/2017Aaa AA+497,400.00 498,787.16 519,155.00 826 2.000 2.113 1.91 11/15/2021101523133EJT74FFCB11/27/2018Aaa AA+501,245.00 500,575.87 519,545.00 502 3.050 2.961 1.91 12/15/2020101589128283L2USTR03/04/2019Aaa AA+247,001.95 249,232.09 251,932.50 167 1.875 2.567 0.95 07/01/2024101623133EKTV8FFCB07/02/2019Aaa AA+499,900.00 499,919.96 530,145.00 1,461 1.900 1.904 1.91 10/16/2024101653133EK3B0FFCB10/17/2019Aaa AA+198,370.00 198,600.14 209,234.00 1,568 1.500 1.671 0.76 01/22/20251016764952WDL4NYLIFE01/22/2020Aaa AA+249,102.50 249,181.78 262,535.00 1,666 2.000 2.076 0.95 SubTotal for Aaa 3,761,070.32 3,769,103.61 3,878,997.37 14.401.6491.548643 08/04/202110118037833CC2AAPL08/04/2016Aa1 AA+249,652.50 249,924.13 253,670.00 399 1.550 1.579 0.96 03/19/20251016830231GBH4XOM06/22/2020Aa1 AA272,752.50 272,632.54 271,447.50 1,722 2.992 1.021 1.04 SubTotal for Aa1 522,405.00 522,556.67 525,117.50 2.001.2882.3021089 06/23/202110142931142EJ8WMT06/27/2018Aa2 AA250,192.50 250,062.97 256,967.50 357 3.125 3.098 0.96 SubTotal for Aa2 250,192.50 250,062.97 256,967.50 0.963.0983.125357 10/20/20201013417325FAJ7C10/23/2017Aa3 A+249,927.50 249,992.66 250,965.00 111 2.125 2.135 0.96 04/08/20221013559217GCD9MET11/02/2017Aa3 AA-252,002.50 250,799.24 260,060.00 646 2.650 2.458 0.96 SubTotal for Aa3 501,930.00 500,791.90 511,025.00 1.922.2972.388379 09/20/20211012317275RBJ0CSCO11/29/2016A1 AA-243,310.00 248,303.34 254,445.00 446 1.850 2.443 0.95 06/27/20221012846849LSW2JAC07/12/2017A1 AA-247,795.00 249,115.53 257,905.00 726 2.500 2.691 0.95 04/12/20211014905565EAU9BMWW10/09/2018A1 A+248,417.50 249,507.55 254,055.00 285 3.100 3.365 0.95 01/08/20241015589236TFS9TOY02/28/2019A1 A+253,545.00 252,566.58 270,902.50 1,286 3.350 3.033 0.97 07/24/20231015690331HNV1USB03/01/2019A1 AA-253,307.50 252,304.59 270,212.50 1,118 3.400 3.076 0.96 SubTotal for A1 1,246,375.00 1,251,797.59 1,307,520.00 4.782.9232.844775 05/13/20241016046625HJX9JPM05/13/2019A2 A-515,115.00 511,688.93 552,170.00 1,412 3.625 2.970 1.96 SubTotal for A2 515,115.00 511,688.93 552,170.00 1.962.9703.6251412 10000 9001LAIF 07/01/2019None None14,896,946.65 14,896,946.65 14,896,946.65 1 1.150 1.150 56.94 06/29/20211011587165HNN6SYF06/29/2016None None248,000.00 248,000.00 250,546.56 363 1.550 1.551 0.95 07/08/20201011640434AZ44HSBC07/08/2016None None248,000.00 248,000.00 248,108.24 7 1.400 1.401 0.95 08/02/2022101291404203Z1COFU08/03/2017None None247,417.20 247,756.66 258,793.58 762 2.300 2.351 0.95 08/18/20201013005580AKA1BMW08/21/2017None None247,637.92 247,984.10 248,635.46 48 1.900 1.952 0.95 Portfolio LYNW APData Updated: SET_CRE: 07/07/2020 08:45 Run Date: 07/07/2020 - 08:45 CR (PRF_CR) 7.2.0 Report Ver. 7.3.6.1 22City Council Regular Meeting - Page 67 of 219 Sorted by Moody's - Investment Number Page 2Credit Rating Report Lynwood - Credit Rating Security #Purchase Principal Book ValueInvestment #% of Total Moody's RatingIssuerMarket Value S&P Rating Purchase Date Maturity Date Days To Maturity Stated Rate YTM 08/21/20201013149306SYR1KEY08/24/2017None None247,635.44 247,982.99 248,651.15 51 1.850 1.903 0.95 08/23/202210132795450D36SLMA08/24/2017None None247,417.20 247,749.95 259,358.63 783 2.350 2.402 0.95 09/21/20201013306740KKU0BACR09/21/2017None None247,635.44 247,972.72 249,029.16 82 1.950 2.001 0.95 01/11/20231013761747MF63MSB01/12/2018None None247,417.20 247,704.93 263,276.87 924 2.650 2.702 0.95 02/16/202110138856285HL8SBIIN02/15/2018None None247,635.44 247,923.57 251,302.99 230 2.450 2.503 0.95 06/29/20231014320033AZK5ADS06/29/2018None None247,427.12 247,657.09 270,898.19 1,093 3.300 3.357 0.95 07/06/20231014438148PR33GOLD07/09/2018None None247,432.08 247,657.32 271,054.54 1,100 3.300 3.352 0.95 08/30/202310147949763TF3WFB08/31/2018None None247,429.60 247,639.01 272,125.98 1,155 3.300 3.354 0.95 02/21/20231015359013J5Z8MERICK12/19/2018None None247,516.40 247,693.98 268,615.63 965 3.350 3.407 0.95 02/27/20241015417312Q3B3C02/28/2019None None247,427.12 247,580.62 272,909.52 1,336 3.000 3.052 0.95 05/20/20221015927002YEM4EGBN05/10/2019None None248,000.00 248,000.00 258,781.36 688 2.600 2.605 0.95 06/13/20221016133847E2J5FBC06/12/2019None None248,000.00 248,000.00 258,947.18 712 2.500 2.500 0.95 09/13/20241016332100LCB9FMOSTB09/13/2019None None248,000.00 248,000.00 264,238.02 1,535 1.850 1.852 0.95 09/27/20231016429278TLY4CMS09/30/2019None None247,523.84 247,613.65 262,080.46 1,183 2.000 2.052 0.95 SubTotal for No Specified Rating 19,354,498.65 19,357,863.24 19,574,300.17 74.041.4521.443167 Portfolio LYNW APData Updated: SET_CRE: 07/07/2020 08:45 Run Date: 07/07/2020 - 08:45 CR (PRF_CR) 7.2.0 Report Ver. 7.3.6.1 23City Council Regular Meeting - Page 68 of 219 Page 1 June 30, 2020 Interest Earnings Summary Month EndingJune 30 Fiscal Year To Date Portfolio Management Lynwood - Portfolio Management CD/Coupon/Discount Investments: 25,220.46Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 55,831.99 ( 60,532.34) 260,469.17 55,831.99 ( 54,583.18) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 20,520.11 111.91 0.00 261,717.98 2,370.95 18,669.57 20,632.02 282,758.50 Pass Through Securities: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 0.00 ( 0.00) 0.00 0.00 ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: 170.98Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 40,314.53 ( 24,373.47) 398,006.43 40,314.53 ( 97,536.04) Interest Earned during Period 16,112.04 340,784.92 Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period 36,632.15 111.91 0.00 602,502.90 2,370.95 18,669.57 36,744.06 623,543.42 Portfolio LYNW APData Updated: SET_PMM: 07/07/2020 08:49 Run Date: 07/07/2020 - 08:49 PM (PRF_PM6) 7.3.0 Report Ver. 7.3.6.1 26City Council Regular Meeting - Page 69 of 219 Lynwood - Interest Reports Interest Earnings Sorted by Security Type - Maturity Date June 1, 2020 - June 30, 2020 Yield on Beginning Book Value Maturity Date Current Rate Ending Par Value Ending IssuerFund Book Value Beginning Book Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted InterestAnnualized YieldCUSIPInvestment # Interest Earned Security Type: Money Market Funds 1,074,760.87100111,074,760.87 0.150GSGF 137.62 0.00 137.620.156LYN1,076,076.689000 1,074,760.87Subtotal 1,074,760.87 0.156 137.620.00137.621,076,076.68 Security Type: LAIF 14,896,946.651000014,896,946.65 1.150LAIF 15,974.42 0.00 15,974.421.305LYNL14,896,946.659001 14,896,946.65Subtotal 14,896,946.65 1.305 15,974.420.0015,974.4214,896,946.65 Security Type: Corporate Notes 249,992.6610134250,000.00 2.125C10/20/2020 442.71 2.02 444.732.164LYN249,990.6417325FAJ7 249,507.5510149250,000.00 3.100BMWW04/12/2021 645.83 52.57 698.403.406LYN249,454.9805565EAU9 250,062.9710142250,000.00 3.125WMT06/23/2021 651.04 -5.37 645.673.141LYN250,068.34931142EJ8 249,924.1310118250,000.00 1.550AAPL08/04/2021 322.91 5.79 328.701.600LYN249,918.34037833CC2 248,303.3410123250,000.00 1.850CSCO09/20/2021 385.42 115.94 501.362.458LYN248,187.4017275RBJ0 250,799.2410135250,000.00 2.650MET04/08/2022 552.08 -37.64 514.442.495LYN250,836.8859217GCD9 249,115.5310128250,000.00 2.500JAC06/27/2022 520.83 37.06 557.892.725LYN249,078.4746849LSW2 252,304.5910156250,000.00 3.400USB07/24/2023 708.33 -62.69 645.643.113LYN252,367.2890331HNV1 252,566.5810155250,000.00 3.350TOY01/08/2024 697.91 -60.77 637.143.068LYN252,627.3589236TFS9 511,688.9310160500,000.00 3.625JPM05/13/2024 1,510.42 -251.92 1,258.502.991LYN511,940.8546625HJX9 249,181.7810167250,000.00 2.000NYLIFE01/22/2025 416.66 14.96 431.622.108LYN249,166.8264952WDL4 272,632.5410168250,000.00 2.992XOM03/19/2025 187.00 -119.96 67.040.997LYN0.0030231GBH4 3,250,000.00Subtotal 3,286,079.84 2.646 6,731.13-310.017,041.143,013,637.35 Security Type: Federal Agency 500,575.8710152500,000.00 3.050FFCB11/15/2021 1,270.83 -34.97 1,235.863.004LYN500,610.843133EJT74 498,045.7410124500,000.00 1.875FHLB12/10/2021 781.25 112.96 894.212.185LYN497,932.783130AAB49 498,787.1610136500,000.00 2.000FNMA10/05/2022 833.33 44.70 878.032.142LYN498,742.463135G0T78 499,919.9610162500,000.00 1.900FFCB07/01/2024 791.67 1.67 793.341.931LYN499,918.293133EKTV8 198,600.1410165200,000.00 1.500FFCB10/16/2024 250.00 27.18 277.181.698LYN198,572.963133EK3B0 Portfolio LYNW APData Updated: SET_INT: 07/07/2020 08:37 Run Date: 07/07/2020 - 08:37 IE (PRF_IE) 7.2.0 Report Ver. 7.3.6.1 27City Council Regular Meeting - Page 70 of 219 Maturity Date Current Rate Ending Par Value EndingIssuerFund Page 2 Book ValueBeginningBook Value Adjusted Interest Earnings Accretion Amortization/ Earnings Adjusted Interest June 1, 2020 - June 30, 2020 Interest Earnings Lynwood - Interest Reports Annualized YieldCUSIPInvestment #Interest Earned 2,200,000.00Subtotal 2,195,928.87 2.260 4,078.62151.543,927.082,195,777.33 Security Type: Treasury Coupon Securities 249,232.0910158250,000.00 1.875USTR12/15/2020 384.22 137.94 522.162.550LYN249,094.159128283L2 250,000.00Subtotal 249,232.09 2.550 522.16137.94384.22249,094.15 Security Type: CD-FDIC 0.00101270.00 1.900ALLY06/22/2020 271.10 6.94 278.041.949LYN247,993.0602006L3N1 248,000.0010116248,000.00 1.400HSBC07/08/2020 285.37 0.00 285.371.400LYN248,000.0040434AZ44 247,984.1010130248,000.00 1.900BMW08/18/2020 387.29 9.94 397.231.949LYN247,974.1605580AKA1 247,982.9910131248,000.00 1.850KEY08/21/2020 377.10 10.01 387.111.899LYN247,972.9849306SYR1 247,972.7210133248,000.00 1.950BACR09/21/2020 397.48 9.97 407.451.999LYN247,962.7506740KKU0 247,923.5710138248,000.00 2.450SBIIN02/16/2021 499.40 9.97 509.372.500LYN247,913.60856285HL8 248,000.0010115248,000.00 1.550SYF06/29/2021 315.94 0.00 315.941.550LYN248,000.0087165HNN6 248,000.0010159248,000.00 2.600EGBN05/20/2022 529.97 0.00 529.972.600LYN248,000.0027002YEM4 248,000.0010161248,000.00 2.500FBC06/13/2022 509.59 0.00 509.592.500LYN248,000.0033847E2J5 247,756.6610129248,000.00 2.300COFU08/02/2022 468.82 9.58 478.402.349LYN247,747.081404203Z1 247,749.9510132248,000.00 2.350SLMA08/23/2022 479.01 9.58 488.592.399LYN247,740.37795450D36 247,704.9310137248,000.00 2.650MSB01/11/2023 540.17 9.58 549.752.700LYN247,695.3561747MF63 247,693.9810153248,000.00 3.350MERICK02/21/2023 682.85 9.51 692.363.401LYN247,684.4759013J5Z8 247,657.0910143248,000.00 3.300ADS06/29/2023 681.99 9.41 691.403.397LYN247,647.6820033AZK5 247,657.3210144248,000.00 3.300GOLD07/06/2023 672.66 9.35 682.013.351LYN247,647.9738148PR33 247,639.0110147248,000.00 3.300WFB08/30/2023 672.66 9.38 682.043.351LYN247,629.63949763TF3 247,613.6510164248,000.00 2.000CMS09/27/2023 407.67 9.80 417.472.051LYN247,603.8529278TLY4 247,580.6210154248,000.00 3.000C02/27/2024 611.51 9.42 620.933.052LYN247,571.2017312Q3B3 248,000.0010163248,000.00 1.850FMOSTB09/13/2024 377.09 0.00 377.091.850LYN248,000.0032100LCB9 4,464,000.00Subtotal 4,460,916.59 2.442 9,300.11132.449,167.674,708,784.15 26,135,707.52Total 26,163,864.91 1.710 36,744.06111.9136,632.1526,140,316.31 Portfolio LYNW APData Updated: SET_INT: 07/07/2020 08:37 Run Date: 07/07/2020 - 08:37 IE (PRF_IE) 7.2.0 Report Ver. 7.3.6.1 28City Council Regular Meeting - Page 71 of 219 Lynwood - Interest Reports Accrued Interest Sorted by Security Type - Maturity Date June 1, 2020 - June 30, 2020 Maturity Date Security Type Current Rate Par Value * Beginning Accrued Interest * Ending Accrued Interest Adjusted Acc'd Int. at Purchase During PeriodCUSIPInvestment #Interest Earned Interest Received Money Market Funds 170.981001190001,074,760.87 0.150PA1 137.62 170.98 137.620.00 170.981,074,760.87Subtotal 137.62137.62 170.980.00 LAIF 24,202.4910000900114,896,946.65 1.150PA2 15,974.42 0.00 40,176.910.00 24,202.4914,896,946.65Subtotal 40,176.9115,974.42 0.000.00 Corporate Notes 605.031013417325FAJ7250,000.00 2.125MTN10/20/2020 442.71 0.00 1,047.740.00 1,054.861014905565EAU9250,000.00 3.100MTN04/12/2021 645.83 0.00 1,700.690.00 3,428.8210142931142EJ8250,000.00 3.125MTN06/23/2021 651.04 3,906.25 173.610.00 1,259.3810118037833CC2250,000.00 1.550MTN08/04/2021 322.91 0.00 1,582.290.00 912.151012317275RBJ0250,000.00 1.850MTN09/20/2021 385.42 0.00 1,297.570.00 975.351013559217GCD9250,000.00 2.650MTN04/08/2022 552.08 0.00 1,527.430.00 2,673.611012846849LSW2250,000.00 2.500MTN06/27/2022 520.83 3,125.00 69.440.00 2,998.611015690331HNV1250,000.00 3.400MTN07/24/2023 708.33 0.00 3,706.940.00 3,326.741015589236TFS9250,000.00 3.350MTN01/08/2024 697.91 0.00 4,024.650.00 906.251016046625HJX9500,000.00 3.625MTN05/13/2024 1,510.42 0.00 2,416.670.00 1,791.671016764952WDL4250,000.00 2.000MTN01/22/2025 416.66 0.00 2,208.330.00 0.001016830231GBH4250,000.00 2.992MTN03/19/2025 187.00 0.00 2,119.331,932.33 19,932.473,250,000.00Subtotal 21,874.697,041.14 7,031.251,932.33 Federal Agency 677.78101523133EJT74500,000.00 3.050FAC11/15/2021 1,270.83 0.00 1,948.610.00 4,453.13101243130AAB49500,000.00 1.875FAC12/10/2021 781.25 4,687.50 546.880.00 1,555.56101363135G0T78500,000.00 2.000FAC10/05/2022 833.33 0.00 2,388.890.00 3,958.33101623133EKTV8500,000.00 1.900FAC07/01/2024 791.67 0.00 4,750.000.00 375.00101653133EK3B0200,000.00 1.500FAC10/16/2024 250.00 0.00 625.000.00 11,019.802,200,000.00Subtotal 10,259.383,927.08 4,687.500.00 Treasury Coupon Securities 2,164.45101589128283L2250,000.00 1.875TRC12/15/2020 384.22 2,343.75 204.920.00 2,164.45250,000.00Subtotal 204.92384.22 2,343.750.00 Portfolio LYNW ACData Updated: SET_INT: 07/07/2020 08:37 Run Date: 07/07/2020 - 08:37 AI (PRF_AI) 7.2.8 Report Ver. 7.3.6.1 * Beginning Accrued may not include investments that redeemed in the previous month that had outstanding accrued interest. Ending Accrued includes outstanding purchase interest. 29City Council Regular Meeting - Page 72 of 219 Maturity Date Security Type Current Rate Par Value Sorted by Security Type - Maturity Date Page 2 * Beginning Accrued Interest * Ending Accrued Interest Adjusted Acc'd Int. at Purchase During Period Accrued Interest Lynwood - Interest Reports CUSIP Investment # Interest Earned Interest Received CD-FDIC 2,091.351012702006L3N10.00 1.900MC206/22/2020 271.10 2,362.45 0.000.00 1,379.281011640434AZ44248,000.00 1.400MC207/08/2020 285.37 0.00 1,664.650.00 1,342.601013005580AKA1248,000.00 1.900MC208/18/2020 387.29 0.00 1,729.890.00 1,244.421013149306SYR1248,000.00 1.850MC208/21/2020 377.10 0.00 1,621.520.00 953.951013306740KKU0248,000.00 1.950MC209/21/2020 397.48 0.00 1,351.430.00 1,797.8310138856285HL8248,000.00 2.450MC202/16/2021 499.40 0.00 2,297.230.00 1,632.391011587165HNN6248,000.00 1.550MC206/29/2021 315.94 1,927.27 21.060.00 388.641015927002YEM4248,000.00 2.600MC205/20/2022 529.97 547.64 370.970.00 2,921.641016133847E2J5248,000.00 2.500MC206/13/2022 509.59 3,108.49 322.740.00 1,875.29101291404203Z1248,000.00 2.300MC208/02/2022 468.82 0.00 2,344.110.00 1,580.7510132795450D36248,000.00 2.350MC208/23/2022 479.01 0.00 2,059.760.00 2,556.781013761747MF63248,000.00 2.650MC201/11/2023 540.17 0.00 3,096.950.00 318.661015359013J5Z8248,000.00 3.350MC202/21/2023 682.85 705.61 295.900.00 286.121014320033AZK5248,000.00 3.300MC206/29/2023 681.99 695.08 273.030.00 3,296.021014438148PR33248,000.00 3.300MC207/06/2023 672.66 0.00 3,968.680.00 739.9110147949763TF3248,000.00 3.300MC208/30/2023 672.66 1,390.16 22.410.00 67.951016429278TLY4248,000.00 2.000MC209/27/2023 407.67 421.26 54.360.00 1,936.441015417312Q3B3248,000.00 3.000MC202/27/2024 611.51 0.00 2,547.950.00 1,005.601016332100LCB9248,000.00 1.850MC209/13/2024 377.09 0.00 1,382.690.00 27,415.624,464,000.00Subtotal 25,425.339,167.67 11,157.960.00 1,932.3326,135,707.52Total 98,078.8536,632.15 25,391.4484,905.81 Portfolio LYNW ACData Updated: SET_INT: 07/07/2020 08:37 Run Date: 07/07/2020 - 08:37 AI (PRF_AI) 7.2.8 Report Ver. 7.3.6.1 * Beginning Accrued may not include investments that redeemed in the previous month that had outstanding accrued interest. Ending Accrued includes outstanding purchase interest. 30City Council Regular Meeting - Page 73 of 219 Lynwood - Interest Reports Sorted By Investment Type Sales/Calls/Maturities: June 1, 2020 - June 30, 2020 Realized Gains and Losses Investment # Maturity DateCurrent Rate Par Value Book Value Maturity/Sale Proceeds Realized Gain/Loss Sale Date Total Earnings Yield 365 Inv. Type Purchase Date Term Days Held Net Earnings Total Total Issuer CD-FDIC 14,498.07248,000.00101271.900 06/22/2020 248,000.00 248,000.00 0.00MC206/22/2020 14,498.0706/23/2017 1.9491,0951,095Ally Bank 14,498.07248,000.00 248,000.00 0.00 14,498.07 1.949CD-FDIC Subtotals 14,498.07248,000.00 248,000.00 0.00 14,498.07 1.949Total Realized Gains/Losses Portfolio LYNW ACData Updated: SET_INT: 07/07/2020 08:37 Run Date: 07/07/2020 - 08:37 CG (PRF_CGR1) 7.1.1 Report Ver. 7.3.6.1 31City Council Regular Meeting - Page 74 of 219 City of Lynwood Cash Reconciliation Report For the Period June 1, 2020 - June 30, 2020 Par Value Cash Trans. TypeInvestment # Fund Security ID Trans. Date Security Description Maturity Date Interest RedemptionsPurchases 08/30/20231014706/01/2020 InterestLYN 949763TF3 248,000.00 WFB 0.2M 3.30% Mat. 08/30/2023 0.00 695.08 0.00 695.08 1001106/01/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-672.66 0.00 0.00 -672.66 1001106/02/2020 InterestLYN 9000 663,500.32 GSGF 0.7M 2.25%0.00 170.98 0.00 170.98 1001106/02/2020 InterestLYN 9000 663,500.32 GSGF 0.7M 2.25%-170.98 0.00 0.00 -170.98 12/10/20211012406/10/2020 InterestLYN 3130AAB49 500,000.00 FHLB 0.5M 1.88% Mat. 12/10/2021 0.00 4,687.50 0.00 4,687.50 05/20/20221015906/10/2020 InterestLYN 27002YEM4 248,000.00 EGBN 0.2M 2.60% Mat. 05/20/2022 0.00 547.64 0.00 547.64 1001106/10/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-5,235.14 0.00 0.00 -5,235.14 06/13/20221016106/12/2020 InterestLYN 33847E2J5 248,000.00 FBC 0.2M 2.50% Mat. 06/13/2022 0.00 3,108.49 0.00 3,108.49 1001106/12/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-3,108.49 0.00 0.00 -3,108.49 12/15/20201015806/15/2020 InterestLYN 9128283L2 250,000.00 USTR 0.3M 1.88% Mat. 12/15/2020 0.00 2,343.75 0.00 2,343.75 1001106/15/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-2,343.75 0.00 0.00 -2,343.75 02/21/20231015306/18/2020 InterestLYN 59013J5Z8 248,000.00 MERICK 0.2M 3.35% Mat.0.00 705.61 0.00 705.61 1001106/18/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-705.61 0.00 0.00 -705.61 06/22/20201012706/22/2020 InterestLYN 02006L3N1 248,000.00 ALLY 0.2M 1.90% Mat. 06/22/2020 0.00 2,362.45 0.00 2,362.45 06/22/20201012706/22/2020 MaturityLYN 02006L3N1 248,000.00 ALLY 0.2M 1.90% Mat. 06/22/2020 0.00 0.00 248,000.00 248,000.00 03/19/20251016806/22/2020 PurchaseLYN 30231GBH4 250,000.00 XOM 0.3M 2.99% Mat. 03/19/2025 -272,752.50 -1,932.33 0.00 -274,684.83 1001106/22/2020 WithdrawalLYN 9000 663,500.32 GSGF 0.7M 2.25%0.00 0.00 24,322.38 24,322.38 06/23/20211014206/23/2020 InterestLYN 931142EJ8 250,000.00 WMT 0.3M 3.13% Mat. 06/23/2021 0.00 3,906.25 0.00 3,906.25 1001106/23/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-3,906.25 0.00 0.00 -3,906.25 06/29/20211011506/29/2020 InterestLYN 87165HNN6 248,000.00 SYF 0.2M 1.55% Mat. 06/29/2021 0.00 1,927.27 0.00 1,927.27 06/27/20221012806/29/2020 InterestLYN 46849LSW2 250,000.00 JAC 0.3M 2.50% Mat. 06/27/2022 0.00 3,125.00 0.00 3,125.00 06/29/20231014306/29/2020 InterestLYN 20033AZK5 248,000.00 ADS 0.2M 3.30% Mat. 06/29/2023 0.00 695.08 0.00 695.08 09/27/20231016406/29/2020 InterestLYN 29278TLY4 248,000.00 CMS 0.2M 2.00% Mat. 09/27/2023 0.00 421.26 0.00 421.26 1001106/29/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-6,168.61 0.00 0.00 -6,168.61 08/30/20231014706/30/2020 InterestLYN 949763TF3 248,000.00 WFB 0.2M 3.30% Mat. 08/30/2023 0.00 695.08 0.00 695.08 1001106/30/2020 DepositLYN 9000 663,500.32 GSGF 0.7M 2.25%-695.08 0.00 0.00 -695.08 Subtotal -295,759.07 23,459.11 272,322.38 22.42 Total -295,759.07 23,459.11 272,322.38 22.42 Portfolio LYNW AP Run Date: 07/07/2020 - 08:46 AC (PRF_AC) 7.2.0 Report Ver. 7.3.6.132City Council Regular Meeting - Page 75 of 219 Economic and Market Update *Estimates for the current quarter/month, some data are lagged Sources: FHN Main Street and Bloomberg Case-Shiller Home Prices YOY*4.0%3.9%0.1% Consumer Confidence 98.1 118.8 (20.7) Gold (per ounce)$1,780.96 $1,577.18 $203.78 Dollar Index 97.39 99.05 (1.66) U.S. Avg Regular Unleaded $2.18 $1.98 $0.20 Retail Sales YOY*-6.5%-5.6%(0.9%) S&P 500 3,100 2,585 20.0% Consumer Price Index YOY*0.1%1.5%(1.4%) 1-5 Yr A-AAA Corporate Spread 0.55%1.88%(1.33%) Dow Jones 25,813 21,917 17.8% 30 Year Mortgage Rate 3.27%3.86%(0.59%) 1-5 Yr Agency Spread 0.14%0.26%(0.12%) 10 Year T-Note 0.66%0.67%(0.01%) U.S. Fed Debt Avg Yield*1.80%2.21%(0.41%) 3 Year T-Note 0.17%0.30%(0.12%) 5 Year T-Note 0.29%0.38%(0.09%) 2 Year T-Note 0.15%0.25%(0.10%) 3 Month T-Bill 0.14%0.09%0.05% Labor Force Participation 61.5%62.7%(1.2%) Effective Fed Funds Rate 0.08%0.08%0.00% U.S. Payrolls Monthly Change 4,800,000 (1,373,000)6,173,000 Unemployment Rate 11.1%4.4%6.7% 6/30/20 Item 6/30/20 3/31/20 Change 34City Council Regular Meeting - Page 76 of 219 Agenda Item # 12. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Michelle G. Ramirez, Director of Community Development SUBJECT: PHOENIX GROUP INFORMATION SYSTEMS SERVICES AGREEMENT Recommendation: Staff recommends that the City Council adopt the attached Second Amendment with Phoenix Group Information Systems to provide parking and administrative citation processing services. Background: The City of Lynwood has been under contract with Phoenix Group Information Systems, ("Phoenix") to provide parking and administrative citation processing services since February 2013. This has allowed City staff to focus their time on other tasks and has saved on staffing and training costs. The City is currently in a two-year contract with Phoenix for the period July 1, 2018 to June 30, 2020, which may be extended by mutual agreement by the City and Phoenix for three additional one-year terms. Discussion and Analysis: The City is currently in a two-year agreement with Phoenix for Fiscal Year's (FY's) 2018-19 and 2019-20. The executed FY 2018-20 Parking and Administration Citation Processing Services Agreement allows for three additional one year extensions. Phoenix has requested that this contract be extended for the period July 1, 2020 to June 30, 2021. Phoenix has been providing parking and administrative citation processing services to the City since February 2013. The services provided to the City include managing the citation process from start to finish, which includes all notices, online collections, and coordination with the Franchise Tax Board for payments owed to the City. Staff has not had any concerns with Phoenix's services and is pleased with their performance. The City's two-year contract amount with Phoenix for FY’s 2018-19 and 2019-20 was originally for the amount of $156,000. However, due to the increase in the number of citations issued by the Public Safety Division, this amount was increased to $276,700, or $138,350 annually, by the City Council on July 2, 2019 (First Amendment). As the number of citations issued by the Public Safety Division continued to increase over the last City Council Regular Meeting - Page 77 of 219 FY, the amount for the FY 2020-21 needs to be increased to a “not to exceed” amount of $145,000 for FY 2020- 2021. This is a pass through cost as a percentage of the fees received from the citations pay for this cost of service. Fiscal Impact: The total projected cost for the parking and administrative citation processing services would not exceed $145,000 for the FY 2020-21. There is currently $113,500 included in the approved FY 2020-21 Budget. Therefore, the attached Second Amendment to the Parking and Administrative Citation Processing Services Agreement includes a budget adjustment in the amount of $31,500 from the unappropriated general fund balance. Coordinated With: City Manager's Office City Attorney Finance & Administration Services ATTACHMENTS: Description Attachment A - Second Amendment to Parking and Administrative Citation Processing Services Agreement City Council Regular Meeting - Page 78 of 219 SECOND AMENDMENT TO PARKING AND ADMINISTRATIVE CITATION PROCESSING SERVICES AGREEMENT (Phoenix Group Information Systems) This SECOND AMENDMENT (“Amendment”) is made and entered into this 4th day of August, 2020 (“Effective Date”), by and between the City of Lynwood, municipal Corporation (hereinafter the "City") and Phoenix Group Information Systems, a California Corporation (hereinafter the “Consultant or PHX”). A. WHEREAS, on June 30, 2018, the City Council authorized the execution of a Parking and Administration Citation Processing Services Agreement for the period July 1, 2018 to June 30, 2020 (Fiscal Year 2018-20); and B. WHEREAS, the executed FY 2018-20 Parking and Administration Citation Processing Services Agreement allows for three (3) additional one (1) year extensions; and C. WHEREAS, on July 2, 2019, the City Council authorized the First Amendment to the Parking and Administration Citation Processing Services Agreement authorizing a new annual amount of $138,350 as part of the adoption of the Fiscal Year 2019-20 and 2020-21 Budget; and D. WHEREAS, the City Council authorizes the amendment of the Fiscal Year 20- 21 Budget to include the appropriation of an additional $31,500 towards the parking and administrative citation processing services as follows: Fund Dept. Div. Object Description Amount 1011 Budgetary Fund Balance $(31,500) 1011 51 515 62015 Contractual Services $31,500 E. WHEREAS, the City and the Consultant wish to extend the term of the Parking and Administration Citation Processing Services Agreement for the period July 1, 2020 to June 30, 2021 (“First Extension”), at an annual rate of $145,000. NOW, THEREFORE, the City and Consultant agree as follows: SECTION 1. Section 2 of the Parking and Administration Citation Processing Services Agreement entered into on June 30, 2018, shall be amended to read: City Council Regular Meeting - Page 79 of 219 2 This Contract shall commence on July 1, 2020 and shall terminate on June 30, 2021 (the “Termination Date”); and may be extended by the City Council for two (2) additional one (1) year terms, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement. SECTION 2. Section 3B of the Parking and Administration Citation Processing Services Agreement entered into on June 30, 2018, shall be amended to read: Total payment to Contractor pursuant to this Agreement shall not exceed $145,000 for the period July 1, 2020 – June 30, 2021. Contractor shall submit monthly invoices for all services performed and rendered to the City. City will pay Contractor in accordance with the City’s warrant run schedule and will endeavor to submit payment within thirty (30) days or less. SECTION 3. All other terms, conditions, and provisions of the Parking and Administration Citation Processing Services Agreement entered into on June 30, 2018, not in conflict with this Addendum, shall remain in full force and effect. SECTION 4. The City Clerk shall certify to the adoption of this Amendment and hereafter the same shall be in full force and effect. [SIGNATURES ON FOLLOWING PAGE] City Council Regular Meeting - Page 80 of 219 3 IN WITNESS WHEREOF, City and Consultant have caused this Amendment to be executed by their duly authorized representatives as of the day and year first above written. “Consultant or PHX” PHOENIX GROUP INFORMATION SYSTEMS Date:______________ ________________________________ By: Robert Murphy, President President “City” CITY OF LYNWOOD Date:______________ ________________________________ Aide Castro, Mayor ATTEST: _______________________________ Maria Quinonez, City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT _______________________________ ________________________________ Noel Tapia, City Attorney Jose Ometeotl, City Manager City Council Regular Meeting - Page 81 of 219 Agenda Item # 13. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Michelle G. Ramirez, Director of Community Development SUBJECT: ADOPTION OF RESOLUTION, AUTHORIZING APPLICATION FOR, AND RECEIPT OF HOMEKEY PROGRAM FUNDS Recommendation: Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE APPLICATION FOR, RECEIPT OF, AND IMPLEMENTATION OF THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD) HOMEKEY PROGRAM.” Background: Building on the success of the Project Roomkey Program, on July 16, 2020, the California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (“NOFA”) for the Homekey Program (“Homekey” or “Homekey Program”). Homekey is the next phase in the State’s response to protecting Californians experiencing homelessness who are at high risk for serious illness and are impacted by COVID-19. Under the Homekey Program, $600 million in grant funding will be made available to local public entities, including cities, counties, or other local public entities, including housing authorities or federally recognized tribal governments within California to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings, and other buildings and convert them into interim or permanent, long-term housing. Of the $600 million in Homekey grant funds, $550 million is derived from the State's direct allocation of the federal Coronavirus Aid Relief Funds (CRF), and $50 million is derived from the State's General Fund. The $550 million in CRF must be expended by December 30, 2020. HCD recognizes this expenditure deadline is challenging; however, the deadline is a requirement of federal CRF funding. HCD will provide ongoing support to assist awarded Grantees in meeting the expenditure deadline, and has already developed an accelerated application and award. The Maximum Project Fund allocation with no match is $100k per unit, and a separate 24-month operating subsidy in an amount not to exceed $1000/month per unit to address operating deficits attributable to the assisted units. City Council Regular Meeting - Page 82 of 219 Discussion and Analysis: The City has multiple candidate motels on Long Beach Boulevard and Atlantic Avenue that potentially could serve as homeless shelters that may at some point be converted to permanent independent or assisted living housing. Staff has identified potential projects locations that may be acquired during the priority Tier 1 funding period. For Tier 1 funding consideration, we must show intent and a path towards creating permanent housing. The motels can be offered as an immediate temporary solution for homeless sheltering with an intent to convert units into permanent housing in the near future. Permanent housing does not have to be part of a first phase development or Plan, but it has to be the intended outcome. The 2020 Homeless Count for Lynwood produced 112 persons experiencing homelessness (attached). If the City moves forward with an ordinance for enforcing mandatory sheltering of homeless when rooms are available in the City, providing 22.4 units would meet the 20% threshold for enforcement. It is staff’s recommendation to apply for the funding of 60 units (approximately 2 motels) amounting to $6,000,000 in acquisition and rehabilitation funds along with an additional $1,440,000 in operation subsidy, for a total amount of $7,440,000. Part of the requirements for applying for the Homekey Program is submitting a resolution from the Lynwood City Council authorizing the application for said funding. For this reason, the item has been brought before you for consideration and approval. Fiscal Impact: There is no fiscal impact for the General Fund in applying for the Homekey Program. If the grant is awarded by HCD, the City of Lynwood's FY 2020-21 budget will increase by $7,440,000 for projects specific to the grant application. Coordinated With: City Manager's Office City Attorney ATTACHMENTS: Description Attachment A - Resolution Attachment B - Homelessness Statistics for Lynwood City Council Regular Meeting - Page 83 of 219 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE APPLICATION FOR, RECEIPT OF, AND IMPLEMENTATION OF THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD) HOMEKEY PROGRAM WHEREAS, the Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (“NOFA”), dated July 16, 2020, for the Homekey Program (“Homekey” or “Homekey Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.1 (Assem. Bill No. 83 (2019-2020 Reg. Sess.), § 21.); and WHEREAS, the City of Lynwood desires to apply for Homekey grant funds. Towards that end, the City of Lynwood is submitting an application for Homekey funds (“Application”) to the Department for review and consideration; and WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and determines that all of the foregoing recitals are true and correct and are incorporated herein by reference. Section 2. The City of Lynwood is hereby authorized and directed to submit an Application to the Department in response to the NOFA, dated July 16, 2020, and to apply for Homekey grant funds in a total amount not to exceed $7,440,000. That amount includes $900,000 for capital expenditures (as allowed under Health and Safety. Code, § 50675.1.1, subd. (a)(1)-(6)) and $1,440,000 for a capitalized operating subsidy (as allowed under Health and Saf. Code, § 50675.1.1, subd. (a)(7)). Section 3. If the City of Lynwood is approved, then the City of Lynwood is hereby authorized and directed to ensure that any funds awarded for capital expenditures are spent by December 30, 2020, and that any funds awarded for capitalized operating subsidies are spent by June 30, 2022. City Council Regular Meeting - Page 84 of 219 Section 4. If the Application is approved, the City of Lynwood is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $7,440,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”). Section 5. The City Council of the City of Lynwood acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement. Section 6. The City Council of the City of Lynwood herby authorizes the City Manager, Jose Ometeotl, or his designee to execute the Application and the Homekey Documents on behalf of the City of Lynwood for participation in the Homekey Program. Section 7. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this 4th day of August 2020. Aide Castro Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia Jose Ometeotl City Attorney City Manager City Council Regular Meeting - Page 85 of 219 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 4th day of August, 2020, and passed by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 86 of 219 City Council Regular Meeting - Page 87 of 219 Agenda Item # 14. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Michelle Ramirez, Director of Community Development SUBJECT: SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS - LOS ANGELES (SPCALA) SERVICES CONTRACT Recommendation: Staff recommends that the City Council adopt the attached First Amendment with the Society for the Prevention of Cruelty to Animals - Los Angeles (SPCALA) for animal sheltering services. Background: The City of Lynwood originally entered into an agreement with Society for the Prevention of Cruelty to Animals - Los Angeles (SPCALA) on June 21, 2016, to provide animal sheltering services for the City. The City is currently in a one year contract with SPCALA, which expired on June 30, 2020. According to the contract terms, it may be extended by mutual agreement by the City and SPCALA for one addition year. The contract amount with SPCALA for Fiscal Year (FY) 2019-20 was $438,600, or $36,550 per month, which was based on the average animal intake levels by SPCALA for the previous fiscal year. In addition, there is a $50 per day per animal fee charged for any animal held in excess of the City’s mandated 10-day holding period per the City’s request, which only happens under extenuating circumstances. While the animal intake levels continued to rise over the last FY, staff was able to negotiate the same rated for FY 2020-21 as that of FY 2019-20. Discussion and Analysis: The City has been under contract with SPCALA for the last four (4) years. It is an annual contract that is renewed each year for the next fiscal year. The annual cost is based on the intake level of animals from the City of Lynwood, as well as any rise in administration costs by SPCALA. The scope of services within each agreement remains the same under each contract. These services include taking in stray dogs and cats by the City, conducting pet adoptions, and disposing of deceased animals. Over the last four (4) years, the cost for this service has significantly increased as the number of live captures, City Council Regular Meeting - Page 88 of 219 surrendering of dogs/cats, and the pickup of deceased animals continue to go up. While the intake level of animals continued to rise during the last FY, staff was able to negotiate the same rate for FY 2020-21 as that of FY 2019-20. To level out and potentially even decrease the cost of the SPCALA contract, staff has made two (2) adjustments. The first adjustment is that the City will no longer accept the surrendering of animals from residents. Instead, residents will now need to surrender their pet(s) directly to SPCALA or another shelter. The second adjustment is that the City will no longer pickup a deceased animal from a residents home. Instead, the resident would need to take the deceased animal to a veterinary hospital or clinic that would accept the animal. The City will continue to pickup animals roaming free as well as deceased animals found on the roadway and public right-of ways. Staff continues to look for ways to decrease the SPCALA contract. In relation to the rising levels of stray animals that are captured by Public Safety Officers and the litters of unwanted kittens and puppies that are surrendered by residents, a possible option for the City Council to consider is a City-wide mandate for the spay and neutering of all pets within the jurisdiction. This measure would present a substantial decrease in the number of pets that are found running at large within Lynwood, as well as decrease the number of animal's euthanasia due to them not being adopted. Moreover, by implementing such a measure, pet owners can assist in the preventing the birth of unwanted puppies and kittens. Fiscal Impact: There is no additional impact to the General Fund as funding for SPCALA in the amount of $438,600 was included in the approved Fiscal Year 2020-21 Budget. Coordinated With: City Manager's Office City Attorney Finance & Administration Services ATTACHMENTS: Description Attachment A - First Amendment to Animal Sheltering Services Contract City Council Regular Meeting - Page 89 of 219 FIRST AMENDMENT TO ANIMAL SHELTERING SERVICES CONTRACT (Society for the Prevention of Cruelty to Animals - Los Angeles) This FIRST AMENDMENT (“Amendment”) is made and entered into this 4th day of August, 2020 (“Effective Date”), by and between the City of Lynwood, municipal Corporation (hereinafter the "City") and Society for the Prevention of Cruelty to Animals - Los Angeles, a California Corporation (hereinafter the “Contractor or SPCALA”). A. WHEREAS, on June 18, 2019, the City Council authorized the execution of a Animal Sheltering Services Contract for the period July 1, 2019 to June 30, 2020 (Fiscal Year 2019-20); and B. WHEREAS, the executed Fiscal Year 2019-20 Animal Sheltering Services Contract allows for one (1) additional extension; and C. WHEREAS, the City and the Contractor wish to extend the term of the Animal Sheltering Services Contract for the period July 1, 2020 to June 30, 2021 (“First Extension”), at an annual rate of $438,600 (or $36,550 per month) and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request. NOW, THEREFORE, the City and Consultant agree as follows: SECTION 1. Section 3 of the Animal Sheltering Services Contract entered into on June 18, 2019, shall be amended to read: TERM. The term of this Agreement shall commence on July 1, 2020 and shall terminate on June 30, 2021 (the “Termination Date”), unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement. SECTION 2. All other terms, conditions, and provisions of the Animal Sheltering Services Contract entered into on June 18, 2019, not in conflict with this Addendum, shall remain in full force and effect. SECTION 3. The City Clerk shall certify to the adoption of this Amendment and hereafter the same shall be in full force and effect. [SIGNATURES ON FOLLOWING PAGE] City Council Regular Meeting - Page 90 of 219 2 IN WITNESS WHEREOF, City and Contractor have caused this Amendment to be executed by their duly authorized representatives as of the day and year first above written. “Contractor or SPCALA” SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS - LOS ANGELES Date:______________ ________________________________ By: Randy Sheriff, MBA Chief Financial Officer “City” CITY OF LYNWOOD Date:______________ _______________________________ Aide Castro, Mayor ATTEST: _______________________________ Maria Quinonez, City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT _______________________________ ________________________________ Noel Tapia, City Attorney Jose Ometeotl, City Manager City Council Regular Meeting - Page 91 of 219 Agenda Item # 15. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager Noe Martinez, Public Works Assistant SUBJECT: ALLOCATION OF COST FROM UTILITY CUT IMPACTS Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE NOT TO EXCEEED TRANSFER OF FUNDS FROM THE WATER FUND TO VARIOUS NON-UTILITY FUND FOR THE COST OF THE UTILITY TRENCH CUTS ON THE STREET INFRASTRUCTURE FOR THE FOLLOWING PROJECTS DUNCAN AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 67.907), LOUISE AVENUE STREET, WATER, AND SEWER IMPROVEMENT (CIP NO. 67.912), VIRGINIA AVENUE AND OLANDA STREET, STREET AND WATER IMPROVEMENT (CIP NO. 68.049), HULME AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 68.039), PALM AVENUE STREET, SEWER, AND WATER EMERGENCY (CIP NO. 68.061), BREWSTER AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 68.079), VIRGINIA AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 68.083); BIRCH STREET, FIR STREET, LUGO AVENUE, AND PLATT AVENUE STREET REHABILITATION AND WATER MAIN UPGRADE (CIP NO. 67.054); AND BEECHWOOD AVENUE, NEVADA STREET AND LOUISE STREET REHABILITATION AND WATER MAIN UPGRADE (CIP NO. 67.055).” Background: The City has made the improvement, rehabilitation, and preservation of City streets a top priority. Street pavements, both concrete (PCC) and asphalt (AC) degrade over time. However, utility trench cuts in pavement greatly accelerate this deterioration of both the function and structural capacity of the street section, and significantly reduce the life cycle of street pavements. This significant reduction in pavement condition and reduced life cycle of the street pavement has a financial impact to the street system and budget. In FY19 and FY20, the City Council approved the following street, water, and sewer infrastructure improvements: 1) Duncan Avenue Street and Water Improvement (CIP No. 67.907); 2) Louise Avenue Street, Water, and Sewer Improvement (CIP No. 67.912); 3) Virginia Avenue and Olanda Street (CIP No. 68.049); 4) Hulme Avenue Street City Council Regular Meeting - Page 92 of 219 and Water Improvement (CIP No. 68.039); 5) Palm Avenue Street, Sewer and Water Emergency (CIP No. 68.061); 6) Brewster Avenue Street and Water Improvement (CIP No. 68.079); 7) Virginia Avenue Street and Water Improvement Project (CIP No. 68.083); 8) Birch Street, Fir Street, Lugo Avenue, and Platt Avenue Street Rehabilitaton and Water Main Upgrade (CIP No. 67.054) and 9) Beechwood Avenue, Nevada Street, Louise Street Rehabilitation (CIP No. 67.055). For the above listed projects, the impacts on the utility trench cuts have not been allocated to the water and sewer utility. Rather, the costs have been borne by non-utility funds. Since both the water and sewer funds are enterprise funds, the infrastructure’s impact on the street system when quantified, those costs can properly be allocated to the respective utility fund. Discussion and Analysis: To employ a fair and equitable methodology for allocating the impacts of utility trench cuts on street infrastructure, staff has solicited a professional engineering recommendation from Willdan. Willdan opined that the life and the integrity of the structural strength of the roadway will be significantly impacted when excavation cuts are made. Willdan further recommends that the utilty should be responsible for the pavement reconstruction. In consultatation with the City Engineer, staff has evaluated the above mentioned projects. Staff identified the area of influence of the utility trench cut, segretating costs attributable to the impacted pavement. Based on this evaluation, staff recommends allocating costs to the respective water or sewer utility. Fiscal Impact: Staff recommends that the City Council approve the “not to exceed” transfers-out from the Water Fund to the various non-utility fund to cover the cost of the trench cut impacts. The actual transfers to be made will be based on actual expenditure. Coordinated With: City Council Regular Meeting - Page 93 of 219 City Attorney’s Office Finance Department ATTACHMENTS: Description Resolution City Council Regular Meeting - Page 94 of 219 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE NOT TO EXCEEED TRANSFER OF FUNDS FROM THE WATER FUND TO VARIOUS NON-UTILITY FUND FOR THE COST OF THE UTILITY TRENCH CUTS ON THE STREET INFRASTRUCTURE FOR THE FOLLOWING PROJECTS DUNCAN AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 67.907), LOUISE AVENUE STREET, WATER, AND SEWER IMPROVEMENT (CIP NO. 67.912), VIRGINIA AVENUE AND OLANDA STREET, STREET AND WATER IMPROVEMENT (CIP NO. 68.049), HULME AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 68.039), PALM AVENUE STREET, SEWER, AND WATER EMERGENCY (CIP NO. 68.061), BREWSTER AVENUE STREET AND WATER IMPROVEMENT (CIP NO. 68.079), VIRGINIA AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 68.083); BIRCH STREET, FIR STREET, LUGO AVENUE, AND PLATT AVENUE STREET REHABILITATION AND WATER MAIN UPGRADE (CIP NO. 67.054); AND BEECHWOOD AVENUE, NEVADA STREET AND LOUISE STREET REHABILITATION AND WATER MAIN UPGRADE (CIP NO. 67.055) WHEREAS, street pavements, both concrete (PCC) and asphalt (AC) degrade over time; and WHEREAS, utility trench cuts in pavement greatly accelerate this deterioration of both the function and structural capacity of the street section, and significantly reduce the life cycle of street pavements; and WHEREAS, in FY19 and FY20, the City Council approved the following street, water, and sewer infrastructure improvements: 1) Duncan Avenue Street and Water Improvement (CIP No. 67.907); 2) Louise Avenue Street, Water, and Sewer Improvement (CIP No. 67.912); 3) Virginia Avenue and Olanda Street (CIP No. 68.049); 4) Hulme Avenue Street and Water Improvement (CIP No. 68.039); 5) Palm Avenue Street, Sewer and Water Emergency (CIP No. 68.061); 6) Brewster Avenue Street and Water Improvement (CIP No. 68.079); 7) Virginia Avenue Street and Water Improvement Project (CIP No. 68.083); 8) Birch Street, Fir Street, Lugo Avenue, and Platt Avenue Street Rehabilitaton and Water Main Upgrade (CIP No. 67.054) and 9) Beechwood Avenue, Nevada Street, Louise Street Rehabilitation (CIP No. 67.055); and WHEREAS, in the above listed projects, the impacts on the utility trench cuts have not been allocated to the water and sewer utility; and WHEREAS, to properly allocate the cost of the impacts from utility trench cuts staff has evaluated the above mentioned projects and determined the fair allocation of costs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: City Council Regular Meeting - Page 95 of 219 2 Section 1. That the City Council approves the following “not to exceed” transfers out from the Water Fund to various non-utility fund to cover the cost of the trench cut impacts: Section 2. This resolution shall go into effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4st day of August, 2020. ______________________________ Aide Castro Mayor ATTEST: ___________________________ ______________________________ María Quiñónez Jose Ometeotl City Clerk City Manager City Council Regular Meeting - Page 96 of 219 3 APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 97 of 219 4 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4st day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4st day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 98 of 219 Agenda Item # 16. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: APPROVAL OF A TRANSFER AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (SAFE, CLEAN WATER PROGRAM-MUNICIPAL PROGRAM) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE THE INITIAL AND SUBSEQUENT TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LYNWOOD SAFE, CLEAN WATER PROGRAM- MUNICIPAL PROGRAM AND TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE INITIAL AND SUBSEQUENT ANNUAL PLANS AND REPORTS.” Background: On November 6, 2018, Measure W (the Safe, Clean Water (SCW) Program ballot measure) was successfully passed by the voters. The SCW Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County (LA County). With the approval of the SCW Program, the first annual parcel tax is being collected for Fiscal Year 2019-20. Municipalities within the LA County Flood Control District will receive forty percent of the SCW Program Funds. The City is anticipated to receive $580,000 in FY 2020-21. To receive the SCW funds, the City will be required to execute the “Transfer Agreement Between the Los Angeles County Flood Control District and Lynwood Agreement NO. 2020MP48 Safe, Clean Water Program-Municipal Program” (“Transfer Agreement”). (Exhibit A) and submit an Annual Plan. The City’s Annual Plan for FY2020-21 is due 45-days after execution of the first Transfer Agreement. Discussion and Analysis: City Council Regular Meeting - Page 99 of 219 MS4 Permit Municipal Separate Storm Sewer System (MS4) receive stormwater and non-stormwater discharges from various sources, including municipal MS4s and other public agencies, discharges under the NPDES permits or authorized by the USEPA, groundwater and natural flow. As the discharges flow over the urban landscape, they may pick up pollutants generated by urban activities, such as metals, bacteria, pesticides, fertilizers and trash. Polluted stormwaer and non-stornwater discharges conveyed through the MS4 ultimately reach receiving waters, resulting in adverse water quality impacts. The goal of the MS4 Permit is to reduce the discharge of these pollutants from MS4. Municipal discharges of storm and non-storm water by the City is subject to the water discharge requirements under Order No. R4-2012-0175 for the MS4 by the Regional Water Board. Under the MS4 Permit, permittees are allowed the flexibility to develop Watershed Management Programs to implement the requirements under the MS4 Permit on a watershed scale through customized strategies, control measures and Best Management Practices (BMPs). On October 1, 2013, the City Council authorized a Memorandum of Understanding (MOU) between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and the cities of Downey, Lakewood, Long Beach, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate and the Los Angeles County Flood Control County Flood Control District for the purpose of preparing a Watershed Management Program (WMP) and a Coordinated Integrated Monitoring Program (CIMP). The LLAR developed a WMP to implement the requirements of the MS4 Permit on a watershed scale. In addition elements of the WMP relating to the Total Maximum Daily Loads (TMDLs) address requirements of California State Water Resources Control Board order No. 2012-0011-DWQ (the Caltrans Stormwater Permit) for those TMDLs within the watershed areas. All the Orders (MS4 Permit and Caltrans Stormwater Permit) include three fundamental elements: 1) effectively prohibit nonstormwater discharges through the MS4, 2) implement controls to reduce the discharge of pollutants to the maximum extent practicable, and 3 ) other provisions the Regional Water Board has determined appropriate for the control of such pollutants. On June 3, 2014, the City Council approved the WMP and CIMP. On April 28, 2015, the Los Angeles Regional Water Quality Control Board approved, with conditions, the Lower Los Angeles River Group’s (LLAR) WMP pursuant to the MS4 Permit. The WMP sets forth a path to achieve pollutant reductions in the waterbodies of the Lower Los Angeles River and its tributaries. Included in the WMP is the Reasonable Assurance Analysis (RAA) which predicts an optimal combination of structural treatment systems and construction timelines to achieve the goals of the MSF Permit. The RAA distributes the responsibility for implementation of future treatment systems amongst all Lower Los Angeles River Watershed cities. Cost of Implementing the WMP Financing the implementation of LLAR WMP is the greatest challenge confronting the Watershed Group. The cost to comply with the MS4 Permit remains prohibitive. The structural BMPs alone costs $17.6 to $34.8 million to capture 95.5 acre-feet of stormwater in Lynwood. This in in addition to non-structural BMPs that the City would need to implement. Prior to Measure W passing, agencies have no dedicated revenue stream to pay for the implementation of the WMP. The annual allocation will help the City defray some of the cost of compliance. Annual Plan and Annual Report To receive funds, in addition to entering into a Transfer Agreement with the District, the City will be required to annually prepare and submit to the District an Annual Plan, or plan for the expenditures, no later than 45-days after the execution of the Transfer Agreement for the first year, then, in the subsequent years no later than 90-days from City Council Regular Meeting - Page 100 of 219 the start of the fiscal year. The Annual Report, or the summary of the expenditures that occurred, is due six months after the fiscal year. A municipality must spend at least seventy percent of its SCW Program funds annually on eligible expenses related to Projects or Programs implemented on or after November 6, 2018, which also includes operations and maintenance of Projects built to comply with the MS4 Permit, so long as the Project complies with the SCW program requirements. The 30 percent Maintenance of Effort funds, which is the 30% of the SCW Program funds, may be used to pay for costs and expense incurred on or after prior to November 6, 2018 related to the continuation of Programs implemented or maintenance of Projects implemented prior to November 6, 2018. Expenditure eligible for SCW Program funds include, but are not limited, to the following: · Infrastructure development tasks including design and planning, preparation of grant applications, preparation of environmental documents, obtaining permits, construction, operations and maintenance, and inspection; · Real property acquisition, including fee title, leases, easements and right of entry permits, necessary to implement Projects selected for funding under the SCW Program; · Scientific and technical studies, and Stormwater or Urban Runoff modeling and monitoring; · Water quality or regional water resilience planning; · Stormwater or Urban Runoff residential and/or commercial retrofits; · Projects or studies to pilot or investigate new technologies or methodologies to increase or improve Stormwater or Urban Runoff capture or reduce Stormwater or Urban Runoff pollution for improving water quality, increasing local water supplies, or improving the quality of life for communities; · The development of Feasibility Studies to enable Infrastructure Program Project Applicants to submit Projects for consideration for SCW Program funds; · The modification, upgrade, retrofit, or expansion of an existing Project to incorporate new elements to increase Stormwater or Urban Runoff capture and reduce Stormwater or Urban Runoff pollution to provide an additional Water Quality Benefit, Water Supply Benefit, or Community Investment Benefit; · Debt financing, should the District or a Municipality determine that bonds or loans are prudent and necessary to implement Projects or Programs; · Stormwater or Urban Runoff Programs such as, but not limited to, school education and curriculum, public education, watershed coordination efforts, regional water quality planning and coordination, and local workforce job training; · Administration and implementation of the SCW Program; and · Payments pursuant to an incentive program, as may be established by the Board. Staff proposes include the following Projects and Programs in the initial Annual Plan: 1) Urban Bike Trail (Stormwater BMPs) $68,680 2) Administration and implementation of SCW Program $25,000 3) Catchbasin Cleaning (FY21) $89,000 4) Catchbasin Cleaning (FY20) $59,117 5) Lower Los Angeles River Watershed MOU (FY21) $115,000 6) Lower Los Angeles River Watershed MOU (FY20) $72,143 7) Implementation of MS4 Permit Requirements $151,000 Payments of eligible projects implemented after November 6, 2018 are allowable. The above list may be subject to change upon review by District. Staff recommends that the City Council authorizes the City Manager to prepare and submit the Annual Plan and Annual Reports and submit revisions to the Annual Plans and Annual Reports as necessary. Approval of the recommended resolution will assist the City to enter into Transfer Agreements and submit the Annual Plans and Annual Reports more quickly, thereby facilitating the receipt of the SCW Program funds. Fiscal Impact: If the City executes the Transfer Agreement and submits the Annual Plan, the City will receive an estimated $580,000 in SCW Funds. Staff recommends the following budgeting of incoming revenues and appropriation for the use of the SCW Funds: APPROPRIATION Fund Dept Div Object Description Amount City Council Regular Meeting - Page 101 of 219 Budgetary Transfer Out To Be Determined 45 Safe Clean Water Fund $ 580,000.00 Budget Balance $ 580,000.00 Budgetary Transfer In 4011 68 046 Urban Greening (Bike Trail) $68,680.00 1011 General Fund $110,950.30 2051 Traffic Safety $20,369.94 To Be Determined 45 457 To Be Determined Storm Water Program $380,000.00 The above recommended appropriation is to implement the recommended Projects and Programs that will be included in the Annual Plan. The Project and Programs may change depending on the feedback received from the District. Staff recommends that the City Manager be authorized to make the appropriate adjustments to the Budgetary Transfer Ins to reflect the Programs and Projects that the District may deem allowable expenditures. Coordinated With: City Attorney Finance & Administration ATTACHMENTS: Description Resolution Exhibit A- Transfer Agreement City Council Regular Meeting - Page 102 of 219 1 RESOLUTION._____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE THE INITIAL AND SUBSEQUENT TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LYNWOOD SAFE, CLEAN WATER PROGRAM-MUNICIPAL PROGRAM AND TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE INITIAL AND SUBSEQUENT ANNUAL PLANS AND REPORTS WHEREAS, On November 6, 2018, Measure W,the Safe, Clean Water (SCW) Program ballot measure, was successfully passed by the voters; and; and WHEREAS, the SCW Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County (LA County); and WHEREAS, the City is anticipated to receive $580,000 in FY 2020-21; and WHEREAS, to receive the SCW funds, the City will be required to execute a Transfer Agreement Between the Los Angeles County Flood Control District (“Transfer Agreement”) (see Exhibit A) and submit an Annual Plan for FY2020-21 45 days after execution of agreement; and WHEREAS, authorizing the City Manager to approve the initial and subsequent Transfer Agreements and Annual Plans and Reports will assist the City to enter into Transfer Agreements and submit the Annual Plans more quickly, thereby facilitating the receipt of the SCW Program funds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council authorizes the City Manager to execute the Transfer Agreement Between the Los Angeles County Flood Control District (Exhibit A). Section 2. That the City Council authorizes the City Manager to submit an Annual Plan and Annual Report and to make revisions to the Annual Plan and Annual Report. Section 3. That the City Council authorizes the City Manager to execute subsequent Transfer Agreements Between the Los Angeles County Flood Control District and prepare and submit the subsequent Annual Plans and Annual Reports. City Council Regular Meeting - Page 103 of 219 2 Section 4. That the City Council approves the following appropriation: APPROPRIATION Fund Dept Div Object Description Amount Budgetary Transfer Out To Be Determined 45 Safe Clean Water Fund $ 580,000.00 Budget Balance $ 580,000.00 Budgetary Transfer In 4011 68 046 Urban Greening (Bike Trail) $68,680.00 1011 General Fund $110,950.30 2051 Traffic Safety $20,369.94 To Be Determined 45 457 To Be Determined Storm Water Program $380,000.00 Section 5. That the City Council authorizes the City Manager to make revisions to the accounts of Transfers Ins to align with the Projects and Programs that the Los Angeles County Flood Control District may deem allowable. Section 6. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4th day of August, 2020. ______________________________ Aide Castro Mayor ATTEST: ___________________________ ______________________________ María Quiñónez Jose Ometeotl City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 104 of 219 3 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 105 of 219 Municipal Program Agreement No.: 2020MP48 Page 1 of 23 TRANSFER AGREEMENT BETWEEN THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND LYNWOOD AGREEMENT NO. 2020MP48 SAFE, CLEAN WATER PROGRAM – MUNICIPAL PROGRAM This Transfer Agreement, hereinafter referred to as “Agreement,” is entered into as of June 25, 2020 by and between the Los Angeles County Flood Control District, hereinafter referred to as "District," and Lynwood, hereinafter referred to as "Municipality." WHEREAS, District, pursuant to the Los Angeles Region Safe, Clean Water (SCW) Program ordinance (Chapter 16 of the Los Angeles County Flood Control District Code) and the SCW Program Implementation Ordinance (Chapter 18 of the Los Angeles County Flood Control District Code), administers the SCW Program for the purpose of funding Projects and Programs to increase stormwater and urban runoff capture and reduce stormwater and urban runoff pollution in the District; WHEREAS, pursuant to Section 16.04.A.2. of the Los Angeles County Flood Control District Code, forty percent (40%) of annual SCW Program tax revenues shall be allocated to Municipalities within the District, in the same proportion as the amount of revenues collected within each Municipality, to be expended by those cities within the cities' respective jurisdictions and by the County within the unincorporated areas that are within the boundaries of the District, for the implementation, operation and maintenance, and administration of Projects and Programs, in accordance with the criteria and procedures established in this Chapters 16 and 18 of the Los Angeles County Flood Control District Code; WHEREAS, pursuant to Section 16.05.A.1. of the Los Angeles County Flood Control District Code, prior to their receipt of SCW Program funds, Municipalities must enter into an agreement with the District to transfer SCW Program funds; WHEREAS, the County of Los Angeles Board of Supervisors has approved a standard template Agreement, as required by and in accordance with Section 18.09 of the Los Angeles County Flood Control District Code, for the transfer of SCW Program funds to Municipalities. NOW, THEREFORE, in consideration of the promises, mutual representations, covenants and agreements in this Agreement, the District and the Municipality, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: I. DEFINITIONS The definitions set forth in Sections 16.03 and 18.02 of the Los Angeles County Flood Control District Code shall apply to this Agreement. In addition, the following definitions shall also apply: City Council Regular Meeting - Page 106 of 219 Municipal Program Agreement No.: 2020MP48 Page 2 of 23 “Agreement” means this Transfer Agreement, including all exhibits and attachments hereto. “Annual Plan” means the plan referred to in Section 18.09.B.5 of the Code that includes the contents specified in Exhibit A. "Code" means the Los Angeles County Flood Control District Code. “Days” means calendar days unless otherwise expressly indicated. “Fiscal Year” means the period of twelve (12) months terminating on June 30 of any year. “Safe Clean Water (SCW) Program Payment” means the Municipality's annual allocation of SCW Program funds as described in Section 16.04.A.2. of the Code disbursed by the District to the Municipality. “Year” means calendar year unless otherwise expressly indicated. II. PARTY CONTACTS The District and the Municipality designate the following individuals as the primary points of contact and communication regarding the Municipal Program and the administration and implementation of this Agreement. Los Angeles County Flood Control District Municipality: Lynwood Name: Name: Address: Address: Phone: Phone: Email: Email: Either party to this Agreement may change the individual identified as the primary point of contact above by providing written notice of the change to the other party. III. EXHIBITS INCORPORATED BY REFERENCE The following exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement: EXHIBIT A – ANNUAL PLAN CONTENTS EXHIBIT B – GENERAL TERMS AND CONDITIONS EXHIBIT C – NATURE-BASED SOLUTIONS (Best Management Practices) EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT City Council Regular Meeting - Page 107 of 219 Municipal Program Agreement No.: 2020MP48 Page 3 of 23 IV. MUNICIPAL PROGRAM IMPLEMENTATION A. The Municipality shall annually prepare and submit to the District, an Annual Plan. The Annual Plan for the 2020-21 Fiscal Year shall be submitted to the District no later than 45-days after the execution of this Agreement by the last party to sign. An Annual Plan for each subsequent Fiscal Year shall be submitted not later than 90-days prior to the start of the Fiscal Year for which the Plan is prepared. B. The Municipality shall utilize the SCW Program Payments in compliance with Chapters 16 and 18 of the Code. C. The Municipality shall comply with the terms and conditions in Exhibits B, C, and D, of this Agreement, and all applicable provisions of Chapters 16 and 18 of the Code, specifically including, without limitation, Section 18.06. V. SCW PROGRAM PAYMENTS TO MUNICIPALITIES A. The District shall disburse the Municipality's SCW Program Payment for the 2020- 21 Fiscal Year within 45-days of the signed executed Agreement or within 14-days of the District’s receipt of the Annual Plan for 2020-21 Fiscal Year in compliance with Exhibit A, whichever comes later. The initial disbursement of SCW Program Payments shall include the amount of revenue collected by the District at the time of Agreement execution; any additional funds that are subsequently collected will be disbursed by August 31, 2020. B. SCW Program Payments in subsequent Fiscal Years will generally be available for disbursement by August 31, provided a duly executed transfer agreement is in effect and subject to the Municipality's compliance with the conditions described in paragraph C, below; however the District may, in its discretion, change the date and number of the actual disbursements for any Fiscal Year based on the amount and timing of revenues actually collected by the District. C. For subsequent Fiscal Years, the District shall disburse the Municipality's SCW Program Payment upon satisfaction of the following conditions: (1) the District has received the Annual Progress/Expenditure Report required pursuant to Section 18.06.D of the Code; (2) the District has received Municipality's Annual Plan for that Fiscal Year, and (3) the Municipality has complied with the audit requirements of Section B-6 of Exhibit B. D. Notwithstanding any other provision of this Agreement, no disbursement shall be made at any time or in any manner that is in violation of or in conflict with federal, state, County laws, policies, or regulations. E. All disbursements shall be subject to and be made in accordance with the terms and conditions in this Agreement and Chapters 16 and 18 of the Code. City Council Regular Meeting - Page 108 of 219 Municipal Program Agreement No.: 2020MP48 Page 4 of 23 VI. Term of Agreement This Agreement shall expire at the end of the 2023-24 Fiscal Year. The parties shall thereafter enter into a new agreement based on the most recent standard template agreement approved by the Board. VII. Execution of Agreement This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument. The District and the Municipality hereby agree to regard facsimile/electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on this Agreement and on any addenda or amendments thereto, delivered or sent via facsimile or electronic mail or other electronic means, as legally sufficient evidence that such original signatures have been affixed to this Agreement and any addenda or amendments thereto such that the parties need not follow up facsimile/electronic transmissions of such documents with subsequent (non- facsimile/electronic) transmission of “original” versions of such documents. Further, the District and the Municipality: (i) agree that an electronic signature of any party may be used to authenticate this Agreement or any addenda or amendment thereto, and if used, will have the same force and effect as a manual signature; (ii) acknowledge that if an electronic signature is used, the other party will rely on such signature as binding the party using such signature, and (iii) hereby waive any defenses to the enforcement of the terms of this agreement based on the foregoing forms of signature. City Council Regular Meeting - Page 109 of 219 Municipal Program Agreement No.: 2020MP48 Page 5 of 23 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. LYNWOOD By: ____________________________________ Name: Title: Date: __________________________________ LOS ANGELES COUNTY FLOOD CONTROL DISTRICT: By: ____________________________________ Name: Title: Date: __________________________________ City Council Regular Meeting - Page 110 of 219 Municipal Program Agreement No.: 2020MP48 Page 6 of 23 EXHIBIT A – ANNUAL PLAN CONTENTS A-1. Description of all projects anticipated to be funded using the SCW Program Payment. Include a discussion of how the projects will result in the achievement of one or more SCW Program Goals, including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-2. Description of all programs anticipated to be funded using the SCW Program Payment. Include a discussion of how the programs will result in the achievement of one or more SCW Program Goals; including quantitative targets and corresponding metrics for subsequent reporting of all applicable parameters. A-3. Description of all operation and maintenance activities anticipated to be funded using the SCW Program Payment. Include a discussion of how those activities will result in the achievement of one or more SCW Program Goals. Additional operation and maintenance activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-4. Description of the stakeholder and community outreach/engagement activities anticipated to be funded with the SCW Program Payment, including discussion of how local NGOs or CBOs will be involved, if applicable, and if not, why. Additional outreach/engagement activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-5. Description of post-construction monitoring for projects completed using the SCW Program Payment. Additional post-construction monitoring activities, even if funded by other sources, should be referenced to provide an overview of anticipated overall project approach. A-6. Provide the status of any projects that have been awarded (or are seeking award of) Institute for Sustainable Infrastructure (ISI) verification, if applicable. A-7. Provide the budget for the activities described in provisions A1 through A-5 SCW Program Payment. City Council Regular Meeting - Page 111 of 219 Municipal Program Agreement No.: 2020MP48 Page 7 of 23 EXHIBIT B – GENERAL TERMS AND CONDITIONS B-1. Accounting and Deposit of Funding Disbursement 1. SCW Program Payments distributed to the Municipality shall be held in a separate interest-bearing account and shall not be combined with other funds. Interest earned from each account shall be used by the Municipality only for eligible expenditures consistent with the requirements of the SCW Program. 2. The Municipality shall not be entitled to interest earned on undisbursed SCW Program Payments; interest earned prior to disbursement is property of the District. 3. The Municipality shall operate in accordance with Generally Accepted Accounting Principles (GAAP). 4. The Municipality shall be strictly accountable for all funds, receipts, and disbursements for their SCW Program Payment. B-2. Acknowledgement of Credit and Signage The Municipality shall include appropriate acknowledgement of credit to the District’s Safe, Clean Water Program for its support when promoting activities funded with SCW Program funds or using any data and/or information developed SCW Program funds. When the SCW Program Payment is used, in whole or in part, for construction of an infrastructure Project, signage shall be posted in a prominent location at Project site(s) or at the Municipality’s headquarters and shall include the Safe, Clean Water Program color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” At a minimum the sign shall be 2’ x 3’ in size. The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. When the SCW Program Payment is used, in whole or in part, for a scientific study, the Municipality shall include the following statement in the study report: “Funding for this study has been provided in full or in part from the Los Angeles County Flood Control District’s Safe, Clean Water Program.” The Municipality shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. B-3. Acquisition of Real Property - Covenant Any real property acquired in whole or in part with SCW Program funds shall be used for Projects and Programs that are consistent with the SCW Program Goals and with the provisions of Chapter 16 and 18 of the Code. Any Municipality that acquires the fee title to real property using, in whole or in part, SCW Program funds shall record a document in the office of the Registrar-Recorder/County City Council Regular Meeting - Page 112 of 219 Municipal Program Agreement No.: 2020MP48 Page 8 of 23 Clerk containing a covenant not to sell or otherwise convey the real property without the prior express written consent of the District, which consent shall not be unreasonably withheld. B-4. Amendment Except as provided in Section II of the Agreement, no amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties. No oral or written understanding or agreement not incorporated in this Agreement is binding on any of the parties. B-5. Assignment The Municipality shall not assign this Agreement. B-6. Audit and Recordkeeping 1. The Municipality shall retain for a period of seven (7) years, all records necessary in accordance with Generally Accepted Accounting Principles to determine the amounts expended, and eligibility of Projects implemented using SCW Program Payments. The Municipality, upon demand by authorized representatives of the District, shall make such records available for examination and review or audit by the District or its authorized representatives. Records shall include accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, including documentation covering negotiated settlements, invoices, and any other supporting evidence deemed necessary to substantiate charges related to SCW Program Payments and expenditures. 2. The Municipality is responsible for obtaining an independent audit to determine compliance with the terms and conditions of this Agreement and all requirements applicable to the Municipality contained in chapters 16 and 18 of the Code. Municipality shall obtain an independent audit of their SCW Program Payments every three (3) years. Audits shall be funded with Municipal Program funds. 3. Municipality shall file a copy of all audit reports by the ninth (9th) month from the end of each three (3) year period to detail the preceding three (3) years of expenditures. Audit reports shall be posted on the District’s publicly accessible website. Every Third Fiscal Year Fiscal Year Audit Begins Audit Report Due to District 2020-21 7/1/2023 No later than 3/31/2024 4. Upon reasonable advanced request, the Municipality shall permit the Chief Engineer to examine the infrastructure Projects using SCW Program Payments. The Municipality shall permit the authorized District representative, including the Auditor-Controller, to examine, review, audit, and transcribe any and all audit City Council Regular Meeting - Page 113 of 219 Municipal Program Agreement No.: 2020MP48 Page 9 of 23 reports, other reports, books, accounts, papers, maps, and other records that relate to the SCW Program Payments. Examination activities are considered District administration of the SCW Program. 5. Expenditures determined by an audit to be in violation of any provision of Chapters 16 or 18 of the Code, or of this Agreement, shall be subject to the enforcement and remedy provisions of Section 18.14 of the Code. B-7. Availability of Funds District’s obligation to disburse the SCW Program Payment is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason including, but not limited to, failure to fund allocations necessary for disbursement of the SCW Program Payment, the District shall not be obligated to make any disbursements to the Municipality under this Agreement. This provision shall be construed as a condition precedent to the obligation of the District to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Municipality with a right of priority for disbursement over any other Municipality. If any disbursements due to the Municipality under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the District that such disbursement will be made to the Municipality when sufficient funds do become available, but this intention is not binding. If this Agreement’s funding for any Fiscal Year is reduced or deleted by order of the Board, the District shall have the option to either cancel this Agreement with no liability occurring to the District or offer an amendment to the Municipality to reflect the reduced amount. B-8. Choice of Law The laws of the State of California govern this Agreement. B-9. Claims Any claim of the Municipality is limited to the rights, remedies, and claims procedures provided to the Municipality under this Agreement. Municipal expenditures of a SCW Program Payment that involves the District shall utilize a separate and specific agreement to that Project that includes appropriate indemnification superseding that in this Agreement. B-10. Compliance with SCW Program The Municipality shall comply with and require its contractors and subcontractors to comply with all provisions of Chapters 16 and 18 of the Code. B-11. Compliance with Law, Regulations, etc. The Municipality shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable local, state and federal laws, rules, guidelines, regulations, and requirements. City Council Regular Meeting - Page 114 of 219 Municipal Program Agreement No.: 2020MP48 Page 10 of 23 B-12. Continuous Use of Municipal Projects; Lease or Disposal of Municipal Projects The Municipality shall not abandon, substantially discontinue use of, lease, or dispose of all or a significant part or portion of any Project funded in whole or in part with SCW Program Payments during the useful life (defined as 30 years unless specified otherwise in annual plans and subsequent reports) of the Project without prior written approval of the District. Such approval may be conditioned as determined to be appropriate by the District, including a condition requiring repayment of a pro rata amount of the SCW Program Payments used to fund the Project together with interest on said amount accruing from the date of lease or disposal of the Project. B-13. Disputes Should a dispute arise between the parties, the party asserting the dispute will notify the other parties in writing of the dispute. The parties will then meet and confer within 21 calendar days of the notice in a good faith attempt to resolve the dispute. If the matter has not been resolved through the process set forth in the preceding paragraph, any party may initiate mediation of the dispute. Mediation will be before a retired judge or mediation service mutually agreeable to the parties. All costs of the mediation, including mediator fees, will be paid one-half by the District and one-half by the Municipality. SCW Program Payments shall not be used to pay for any costs of the mediation. The parties will attempt to resolve any dispute through the process set forth above before filing any action relating to the dispute in any court of law. B-14. Final Inspection and Certification of Registered Professional Upon completion of the design phase and before construction of a project, the Municipality shall provide certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist) that the design has been completed. Upon completion of the project, the Municipality shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Agreement. B-15. Force Majeure. In the event that Municipality is delayed or hindered from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials not related to the price thereof, riots, insurrection, war, or other reasons of a like nature beyond the control of the Municipality, then performance of such acts shall be excused for the period of the delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. City Council Regular Meeting - Page 115 of 219 Municipal Program Agreement No.: 2020MP48 Page 11 of 23 B-16. Funding Considerations and Exclusions 1. All expenditures of SCW Program Payments by Municipality must comply with the provisions of Chapters 16 and 18 of the Los Angeles County Flood Control District Code, including but not limited to the provisions regarding eligible expenditures contained in Section 16.05.A.2 and the provision regarding ineligible expenditures contained in Section 16.05.A.3. 2. SCW Program Payments shall not be used in connection with any Project implemented as an Enhanced Compliance Action ("ECA") and/or Supplemental Environmental Project ("SEP") as defined by State Water Resources Control Board Office of Enforcement written policies, or any other Project implemented pursuant to the settlement of an enforcement action or to offset monetary penalties imposed by the State Water Resources Control Board, a Regional Water Quality Control Board, or any other regulatory authority; provided, however, that SCW funds may be used for a Project implemented pursuant to a time schedule order ("TSO") issued by the Los Angeles Regional Water Quality Control Board if, at the time the TSO was issued, the Project was included in an approved watershed management program (including enhanced watershed management programs) developed pursuant to the MS4 Permit. B-17. Indemnification The Municipality shall indemnify, defend and hold harmless the District, the County of Los Angeles and their elected and appointed officials, agents, and employees from and against any and all liability and expense, including defense costs, legal fees, claims, actions, and causes of action for damages of any nature whatsoever, including but not limited to bodily injury, death, personal injury, or property damage, arising from or in conjunction with: (1) any Project or Program implemented by the Municipality, in whole or in part, with SCW Program Payments or (2) any breach of this Agreement by the Municipality. B-18. Independent Actor The Municipality, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the District. The Municipality shall not contract work with a contractor who is in a period of debarment from any agency within the District. (LACC Chapter 2.202) B-19. Integration This is an integrated Agreement. This Agreement is intended to be a full and complete statement of the terms of the agreement between the District and Municipality, and expressly supersedes any and all prior oral or written agreements, covenants, representations and warranties, express or implied, concerning the subject matter of this Agreement. City Council Regular Meeting - Page 116 of 219 Municipal Program Agreement No.: 2020MP48 Page 12 of 23 B-20. Lapsed Funds 1. The Municipality shall be able to carry over uncommitted SCW Program Payments for up to five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality. 2. If the Municipality is unable to expend the SCW Program Payment within five (5) years from the end of the fiscal year in which those funds are transferred from the District to the Municipality, then lapsed funding procedures will apply. Lapsed funds are funds that were transferred to the Municipality but were not committed to eligible expenditures by the end of the fifth (5th) fiscal year after the fiscal year in which those funds were transferred from the District. 3. Lapsed funds shall be allocated by the Watershed Area Steering Committee of the respective Watershed Area to a new Project with benefit to that Municipality, if feasible in a reasonable time frame, or otherwise to the Watershed Area. 4. In the event that funds are to lapse, due to circumstances beyond the Municipality’s control, then the Municipality may request an extension of up to twelve (12) months in which to commit the funds to eligible expenditures. Extension Requests must contain sufficient justification and be submitted to the District in writing no later than three (3) months before the funds are to lapse. 5. The decision to grant an extension is at the sole discretion of the District. 6. Funds still uncommitted to eligible expenditures after an extension is granted will be subject to lapsed funding procedures without exception. Fiscal Year Transferred Funds Lapse After Extension Request Due Commit By 2019-20 6/30/2025 No later than 3/31/2025 No later than 6/30/2026 B-21. Municipal Project Access Upon reasonable advance request, the Municipality shall ensure that the District or any authorized representative, will have safe and suitable access to the site of any Project implemented by the Municipality in whole or in part with SCW Program Payments at all reasonable times. B-22. Non-Discrimination The Municipality agrees to abide by all federal, state, and County laws, regulations, and policies regarding non-discrimination in employment and equal employment opportunity. City Council Regular Meeting - Page 117 of 219 Municipal Program Agreement No.: 2020MP48 Page 13 of 23 B-23. No Third-Party Rights The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein B-24. Notice 1. The Municipality shall notify the District in writing within five (5) working days of the occurrence of the following: a. Bankruptcy, insolvency, receivership or similar event of the Municipality; or b. Actions taken pursuant to State law in anticipation of filing for bankruptcy. 2. The Municipality shall notify the District within ten (10) working days of any litigation pending or threatened against the Municipality regarding its continued existence, consideration of dissolution, or disincorporation. 3. The Municipality shall notify the District promptly of the following: a. Any significant deviation from the submitted Annual Plan for the current Fiscal Year, including discussion of any major changes to the scope of funded projects or programs, noteworthy delays in implementation, reduction in benefits or community engagement, and/or modifications that change the SCW Program Goals intended to be accomplished. b. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Municipality agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the District has determined what actions should be taken to protect and preserve the resource. The Municipality agrees to implement appropriate actions as directed by the District. c. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by District representatives with at least fourteen (14) days’ notice to the District. B-25. Municipality’s Responsibility for Work The Municipality shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Municipality shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The District will not mediate disputes between the Municipality and any other entity concerning responsibility for performance of work. City Council Regular Meeting - Page 118 of 219 Municipal Program Agreement No.: 2020MP48 Page 14 of 23 B-26. Reporting The Municipality shall be subject to and comply with all applicable requirements of the District regarding reporting requirements. Municipalities shall report available data through the SCW Reporting Module, once available. 1. Annual Progress/Expenditure Reports. The Municipality shall submit Annual Progress/Expenditure Reports, using a format provided by the District, within six (6) months following the end of the Fiscal Year to the District to detail the activities of the prior year. The Annual Progress/Expenditure Reports shall be posted on the District’s publicly accessible website and on the Municipality’s website. The Annual Progress/Expenditure Report shall include: a. Amount of funds received; b. Breakdown of how the SCW Program Payment has been expended; c. Documentation that the SCW Program Payment was used for eligible expenditures in accordance with Chapters 16 and 18 of the Code; d. Description of activities that have occurred, milestones achieved, and progress made to date, during the applicable reporting period including comparison to the Annual Plan and corresponding metrics; e. Discussion of any existing gaps between what was planned and what was achieved for the prior year, include any lessons learned; f. Description of the Water Quality Benefits, Water Supply Benefits, and Community Investment Benefits and a summary of how SCW Program Payments have been used to achieve SCW Program Goals for the prior year, including graphical representation of available data and specific metrics to demonstrate the benefits being achieved through the years’ investments. g. Discussion of alignment with other local, regional, and state efforts, resources, and plans, as applicable. This includes discussion of opportunities for addressing additional SCW Program Goals, leveraging SCW Program Goals, and increasing regional capacity to supplement the SCW Program. h. Additional financial or Project-related information in connection with activity funded in whole or in part using SCW Program Payments as required by the District. i. Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), that projects implemented with SCW Program Payments were conducted in accordance with Chapters 16 and 18 of the Code. City Council Regular Meeting - Page 119 of 219 Municipal Program Agreement No.: 2020MP48 Page 15 of 23 j. Report on annual and total (since inception of program) benefits provided by programs and projects funded by SCW Program Payment. This includes comparisons to annual plans and alignment with corresponding specific quantitative targets and metrics (note that SCW Reporting Module will facilitate calculation of benefits and graphical representation of pertinent data): i. Annual volume of stormwater captured and treated ii. Annual volume of stormwater captured and reused iii. Annual volume of stormwater captured and recharged to a managed aquifer iv. Annual creation, enhancement, or restoration of Community Investment Benefits. If none, discuss considerations explored and reasons to not include. v. Annual acreage increases in Nature-Based Solutions and claimed level of NBS (with matrix demonstrating determination of good, better, best, as outlined in Exhibit C). If none, discuss considerations explored and reasons to not include. vi. Annual expenditures providing DAC Benefits. If none, discuss considerations explored and reasons to not include. 2. Documentation of the Community Outreach and Engagement utilized for and/or achieved with the SCW Program Payment described in the Annual Plan Exhibit A. This information must be readily accessible to members of the public. 3. As Needed Information or Reports. The Municipality agrees to promptly provide such reports, data, and information as may be reasonably requested by the District including, but not limited to material necessary or appropriate for evaluation of the SCW Program or to fulfill any reporting requirements of the County, state or federal government. B-27. Representations, Warranties, and Commitments The Municipality represents, warrants, and commits as follows: 1. Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, by the individual signing on behalf of Municipality, has been duly authorized by the governing body of Municipality, as applicable. This Agreement constitutes a valid and binding obligation of the Municipality, enforceable in accordance with its terms, except as such enforcement may be limited by law. 2. No Violations. The execution, delivery, and performance by the Municipality of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other City Council Regular Meeting - Page 120 of 219 Municipal Program Agreement No.: 2020MP48 Page 16 of 23 instrument to which the Municipality is a party or by which the Municipality is bound as of the date set forth on the first page hereof. 3. No Litigation. There are no pending or, to the Municipality’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which affect the Municipality's ability to complete the Annual Plan. 4. Solvency. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of the Municipality. As of the date set forth on the first page hereof, the Municipality is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Municipality is able to pay its debts as they become due. 5. Legal Status and Eligibility. The Municipality is duly organized and existing and in good standing under the laws of the State of California. The Municipality shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. 6. Good Standing. The Municipality must demonstrate it has not failed to comply with previous County and/or District audit disallowances within the preceding five years. B-28. Travel Any reimbursement for necessary ground transportation and lodging shall be at rates not to exceed those set by the California Department of Human Resources; per diem costs will not be eligible expenses. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred by the Municipality. No travel outside the Los Angeles County Flood Control District region shall be reimbursed unless prior written authorization is obtained from the Program Manager. B-29. Unenforceable Provision In the event that any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. B-30. Withholding of Disbursements and Material Violations Notwithstanding any other provision of this Agreement, the District may withhold all or any portion of the SCW Program Payment for any Fiscal Year in the event that: 1. The Municipality has violated any provision of this Agreement; or City Council Regular Meeting - Page 121 of 219 Municipal Program Agreement No.: 2020MP48 Page 17 of 23 2. The Municipality fails to maintain reasonable progress in achieving SCW Program Goals, following an opportunity to cure. 3. Failure to remain in Good Standing, described in Section B-26 of Exhibit B. 4. Failure to submit annual reports on meeting SCW Program Goals. City Council Regular Meeting - Page 122 of 219 Municipal Program Agreement No.: 2020MP48 Page 18 of 23 EXHIBIT C – NATURE BASED SOLUTIONS (NBS) BEST MANAGEMENT PRACTICES Municipalities shall consider incorporation of Nature-based solutions (NBS) into their projects. NBS refers to the sustainable management and use of nature for undertaking socio-environmental challenges, including climate change, water security, water pollution, food security, human health, and disaster risk management. As this environmental management practice is increasingly incorporated into projects for the SCW Program, this guidance document may be expanded upon to further quantify NBS practices based on benefits derived from their incorporation on projects. The SCW Program defines NBS as a Project that utilizes natural processes that slow, detain, infiltrate or filter Stormwater or Urban Runoff. These methods may include relying predominantly on soils and vegetation; increasing the permeability of Impermeable Areas; protecting undeveloped mountains and floodplains; creating and restoring riparian habitat and wetlands; creating rain gardens, bioswales, and parkway basins; enhancing soil through composting, mulching; and, planting trees and vegetation, with preference for native species. NBS may also be designed to provide additional benefits such as sequestering carbon, supporting biodiversity, providing shade, creating and enhancing parks and open space, and improving quality of life for surrounding communities. NBS include Projects that mimic natural processes, such as green streets, spreading grounds and planted areas with water storage capacity. NBS may capture stormwater to improve water quality, collect water for reuse or aquifer recharge, or to support vegetation growth utilizing natural processes. Municipalities are to include in each Annual Progress/Expenditure Report whether and how their project achieves a good, better, or best for each of the 6 NBS methods in accordance with the guidance below. Additionally, Annual Progress/ Expenditure Reports should include discussion on any considerations taken to maximize the class within each method. If at least 3 methods score within a single class, the overall project can be characterized as that class. Municipalities must attach a copy of the matrix for each project with the good, better, or best column indicated for each method, to facilitate District tracking of methods being utilized. BEST BETTER GOOD City Council Regular Meeting - Page 123 of 219 Municipal Program Agreement No.: 2020MP48 Page 19 of 23 METHODS GOOD BETTER BEST Vegetation/Green Space Use of climate-appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 5%-15% covered by new climate-appropriate vegetation Use of native, climate- appropriate, eco-friendly vegetation (groundcover, shrubs, and trees) / green space 16%-35% covered by new native vegetation Establishment of plant communities with a diversity of native vegetation (groundcover, shrubs, and trees) / green space that is both native and climate-appropriate More than 35% covered by new native vegetation Increase of Permeability Installation of vegetated landscape – 25%-49% paved area removed Redesign of existing impermeable surfaces and/or installation of permeable surfaces (e.g. permeable pavement and infiltration trenches) Installation of vegetated landscape – 50%-74% paved area removed Improvements of soil health (e.g., compaction reduction) Installation of vegetated landscape – 75%-100% paved area removed Creation of well- connected and self- sustained natural landscapes with healthy soils, permeable surfaces, and appropriate vegetation Protection of Undeveloped Mountains & Floodplains ● Preservation of native vegetation ● Minimal negative impact to existing drainage system ● Preservation of native vegetation ● Installation of new feature(s) to improve existing drainage system ● Creation of open green space ● Installation of features to improve natural hydrology Creation & Restoration of Riparian Habitat & Wetlands Partial restoration of existing riparian habitat and wetlands Planting of climate appropriate vegetation - between 11 and 20 different climate-appropriate or native plant species newly planted No potable water used to sustain the wetland ● Full restoration of existing riparian habitat and wetlands ● Planting of native vegetation - between 21 and 40 different native plant species newly planted No potable water used to sustain the wetland ● Full restoration and expansion of existing riparian habitat and wetlands Planting of plant communities with a diversity of native vegetation – between 41 and 50 different native plant species newly planted No potable water used to sustain the wetland City Council Regular Meeting - Page 124 of 219 Municipal Program Agreement No.: 2020MP48 Page 20 of 23 New Landscape Elements Elements designed to capture runoff for other simple usage (e.g. rain gardens and cisterns), capturing the 85th percentile 24-hour storm event for at least 50% of the entire parcel Elements that design to capture/redirect runoff and filter pollution (e.g. bioswales and parkway basins), capturing the 85th percentile 24-hour storm event from the entire parcel Large sized elements that capture and treat runoff to supplement or replace existing water systems (e.g. wetlands, daylighting streams, groundwater infiltration, floodplain reclamation), capturing the 90th percentile 24-hour storm event from the entire parcel and/or capturing off-site runoff Enhancement of Soil Use of soil amendments such as mulch and compost to retain moisture in the soil and prevent erosion Planting of new climate-appropriate vegetation to enhance soil organic matter Use of soil amendments such as mulch and compost that are locally generated to retain moisture in the soil, prevent erosion, and support locally based composting and other soil enhancement activities Planting of new native, climate-appropriate vegetation to enhance soil organic matter Use of soil amendments such as mulch and compost that are locally generated, especially use of next-generation design with regenerative adsorbents (e.g. woodchips, biochar) to retain moisture in the soil, prevent erosion, and support on-site composting and other soil enhancement activities Planting of new native, climate appropriate vegetation to enhance soil organic matter City Council Regular Meeting - Page 125 of 219 Municipal Program Agreement No.: 2020MP48 Page 21 of 23 EXHIBIT D – OPERATIONS AND MAINTENANCE GUIDANCE DOCUMENT Municipalities shall operate and maintain infrastructure projects for the useful life of the project and are to consider using the following guidance for operations and maintenance for infrastructure projects. Operational maintenance is the care and upkeep of Projects that may require detailed technical knowledge of the Project’s function and design. Project specific operational and maintenance plans shall consider the activities listed below and set forth specific activities and frequencies (not limited to those below) as determined to be appropriate by the Municipalities and best practices, including stakeholder engagement as applicable. Operational maintenance is to be performed by the operator of the Project with a purpose to make the operator aware of the state of readiness of the Project to deliver stormwater and urban runoff benefits. 1. Litter Control • Regular removal of litter, nonhazardous waste materials, and accumulated debris near planted areas, rock areas, decomposed granite areas, rest areas, fence perimeters, adjoining access roads and driveways, drains, pedestrian trails, viewing stations, shelter houses, and bicycle pathways. • Regular inspection and maintenance of pet waste stations • Maintaining trash receptacles • Removal of trash, debris, and blockages from bioswales • Inspection and cleaning of trash booms • Inspection of weir gates and stop logs to clean debris, as required. 2. Vegetation Maintenance • Weed control o Recognition and removal of weeds, such as perennial weeds, morning glory, vine-type weeds, ragweed, and other underground spreading weeds. o Avoiding activities that result in weed seed germination (e.g. frequent soil cultivation near trees or shrubs) o Regular removal of weeds from landscape areas, including from berms, painted areas, rock areas, gravel areas, pavement cracks along access roads and driveways, drains, pedestrian trails, viewing stations, park shelters, and bicycle paths. • Tree and shrubbery trimming and care o Removal of dead trees and elimination of diseased/damaged growth o Prevent encroachment of adjacent property and provide vertical clearance o Inspect for dead or diseased plants regularly • Wetland vegetation and landscape maintenance o Installation and maintenance of hydrophytic and emergent plants in perennially wet and seasonal, intermittent habitats. o Draining and drawdown of wetland and excessive bulrush removal City Council Regular Meeting - Page 126 of 219 Municipal Program Agreement No.: 2020MP48 Page 22 of 23 o Weed and nuisance plant control o Removal of aquatic vegetation (e.g. algae and primrose) using appropriate watercraft and harvesting equipment o Wildflower and meadow maintenance o Grass, sedge, and yarrow management o Removal of unwanted hydroseed 3. Wildlife Management • Exotic species control • Provide habitat management; promote growth of plants at appropriate densities and promote habitat structure for animal species • Protect sensitive animal species (e.g. protection during critical life stages including breeding and migration) • Avoid disturbances to nesting birds • Avoid spread of invasive aquatic species 4. Facility Inspection • Inspect project sites for rodent and insect infestations on a regular basis • Inspect for and report graffiti in shelter houses, viewing stations, benches, paving surfaces, walls, fences, and educational and directional signs • Inspect facilities for hazardous conditions on roads and trails (e.g. access roads and trails, decomposed granite pathways, and maintenance roads) • Inspect shade structures for structural damage or defacement • Inspect hardscapes • Inspect and maintain interpretive and informational signs • Inspect site furnishings (e.g. benches, hitching posts, bicycle racks) • Maintain deck areas (e.g. benches, signs, decking surfaces) • Visually inspect weirs and flap gates for damage; grease to prevent locking. • Inspect all structures after major storm events, periodically inspect every 3 months, and operate gates through full cycles to prevent them from locking up. 5. Irrigation System Management • Ensuring automatic irrigation controllers are functioning properly and providing various plant species with proper amount of water. o Cycle controller(s) through each station manually and automatically to determine if all facets are functioning properly. o Inspection should be performed at least monthly. o Recover, replace, or refasten displaced or damaged valve box covers. o Inspect and repair bubbler heads. City Council Regular Meeting - Page 127 of 219 Municipal Program Agreement No.: 2020MP48 Page 23 of 23 o Repair and replace broken drip lines or emitters causing a loss of water (to prevent ponding and erosion). o Maintain drip system filters to prevent emitters from clogging. Inspection and cleaning should occur at least monthly. o Inspect and clean mainline filters, wye strainers, basket filters, and filters at backflow devices twice a year. o Maintain and check function of the drip system. • Keeping irrigation control boxes clear of vegetation • Operating irrigation system to ensure it does not cause excessively wet, waterlogged areas, and slope failure • Utilizing infrequent deep watering techniques to encourage deep rooting, drought tolerant plant characteristics to promote a self-sustaining, irrigation free landscape • Determine watering schedules based on season, weather, variation in plant size, and plant varieties. At least four times a year (e.g. change of season), reschedule controller systems. • Turn off irrigation systems at the controller at the beginning of the rainy season, or when the soil has a high enough moisture content. • Use moisture sensing devices to determine water penetration in soil. 6. Erosion Management and Control • Inspect slopes for erosion during each maintenance activity • Inspect basins for erosion • Take corrective measures as needed, including filling eroded surfaces, reinstalling or extending bank protection, and replanting exposed soil. 7. Ongoing Monitoring Activities • Monitor controllable intake water flow and water elevation • Examine inflow and outflow structures to ensure devices are functioning properly and are free of obstructions. • Water quality sampling (quarterly, unless justified otherwise) • Checking telemetry equipment • Tracking and reporting inspection and maintenance records 8. Vector and Nuisance Insect Control • Monitoring for the presence of vector and nuisance insect species • Adequate pretreatment of influent wastewater to lessen production of larval mosquitos • Managing emergent vegetation • Using hydraulic control structures to rapidly dewater emergent marsh areas • Managing flow velocities to reduce propagation of vectors City Council Regular Meeting - Page 128 of 219 Agenda Item # 17. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager Noe Martinez, Public Works Assistant SUBJECT: PROJECT ACCEPTANCE OF THE CITY HALL AND CITY HALL NORTH TENANT IMPROVEMENT PROJECT Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CITY HALL AND CITY HALL REHABILITATION PROJECT (CIP NO. 4011.68.059) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION.” Background: On May 9, 2019, the Notice Inviting Bids for the project was advertised in the Daily Journal, Bid America, and on the City’s web site (PlanetBids). The bid opening took place in the PlanetBids Platform on Thursday, July 23, 2019 at 10:00 A.M. (Pacific Time). Project Scope The City Hall and City Hall North Rehabilitation Project entail the rehabilitation of City Hall and City Hall North. The scope of work for this project includes partial tenant improvements of the existing buildings, and interior renovation of existing offices and restrooms. The demolition of some existing improvements to accommodate specific interior tenant improvements including restroom rehabilitation, ceiling, walls, flooring, painting, patching, HVAC, plumbing, electrical, structural, mechanical, and roofing. City Council Regular Meeting - Page 129 of 219 Project Limit Project location is City Hall and City Hall North buildings. Discussion and Analysis: On September 3, 2019, the City awarded the contract to the lowest responsible bidder, iBuild Spectrum, in the amount of $795,000 for the construction of the Project. The construction on the Project started on October 7, 2019. The Project was completed on February 21, 2019. Staff conducted the final inspection on February 24, 2019 and found that all work was completed in accordance with the Project plans and specifications. The final approved budget for the Project is $1,416,084. The expenditure to date at the time of the filing of this agenda item is $1,260,461. This Project was funded from the Lease Revenue Bonds. Change Orders The City Manager approved twenty nine (29) contract change orders for the total amount of $147,466.46 (See attachment A). The final construction cost for this Project is $942,466.46. Under LMC 6-3.15(f), the City Manager is required to report to the City Council every three months or with the project acceptance report on modifications and change orders he has approved. To comply with this reporting requirement, a list of change orders is attached to this report. Although the total change orders approved exceeds the normal $50,000 authority given to the City Manager, the City Council on November 20, 2018, authorized the City Manager under LMC 6-3.15(d) to exceed this limit. Project Acceptance The Project is now ready for acceptance by the City Council. Once accepted, staff can release the retention 35 days after recordation of the Notice of Completion at the County Recorder’s Office. Fiscal Impact: No additional funding is required for this action. Coordinated With: City Attorney’s Office Finance Department City Clerk’s Office ATTACHMENTS: Description Resolution Attachment A City Council Regular Meeting - Page 130 of 219 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CITY HALL AND CITY HALL NORTH REHABILITATION PROJECT (CIP NO. 4011.68.059) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION. WHEREAS, on September 3, 2019, the City awarded the contract to the lowest responsible bidder, iBuild Spectrum, in the amount of $795,000 for the construction of the Project; and WHEREAS, on November 20, 2018, the City Council authorized the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorized the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget. (Resolution 2018.209); and WHEREAS, the final approved budget for the Project is $1,416,084 and the expenditure is at $1,260,461at the filing of the agenda item; and WHEREAS, the construction of the City Hall and City Hall North Rehabilitation Project, which started on October 7th, 2019, was completed on February 21, 2020; and WHEREAS, in compliance with LMC 6-3.15(f) which requires the City Manager to report to the City Council every three months or with the project acceptance report on modifications and change orders, staff has reported on the modifications and change orders approved by the City Manager as part of this project acceptance agenda item dated August 4, 2020; and WHEREAS, the final construction cost is $942,466.46, which includes twenty nine (29) contract change orders in the total amount of $147,466.46 for additional work and bid quantities (see attachment A); and WHEREAS, staff conducted the final inspection on February 24, 2020 and found that all work was completed in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood accepts the City Hall and City Hall North Rehabilitation Project No. 4011.68.059 as complete in accordance with contract documents and authorizes the Director of Public Works or his designee to process the recordation of the Notice of Completion. Section 2. This resolution shall go into effect immediately upon its adoption. City Council Regular Meeting - Page 131 of 219 2 Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4st day of August, 2020. ______________________________ Aide Castro Mayor ATTEST: ___________________________ ______________________________ María Quiñónez Jose Ometeotl City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 132 of 219 3 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4st day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4st day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 133 of 219 CONTRACT CHANGE ORDER FOR IBUILD SPECTRUM Approved amount (P.O #06-008277)Description CONTRACT CHANGE ORDER NO.1 AMOUNT:7,400.25$ Cement plaster ceiling & Wall CONTRACT CHANGE ORDER NO. 2 AMOUNT:1,950.00$ Air Clearance CONTRACT CHANGE ORDER NO. 3 AMOUNT:1,380.00$ Remove Existing Restroom Floor CONTRACT CHANGE ORDER NO. 4 AMOUNT:-City Hall North Restroom $49,144.1 CONTRACT CHANGE ORDER NO. 5 AMOUNT:8,625.00$ Reroute HVAC Piping to Enclosed Space CONTRACT CHANGE ORDER NO. 6 AMOUNT:977.50$ Soffit Walls CONTRACT CHANGE ORDER NO. 7 AMOUNT:8,395.00$ Reroute Three Existing Copper Pipes CONTRACT CHANGE ORDER NO. 8 AMOUNT:345.00$ Ceiling Hatches CONTRACT CHANGE ORDER NO. 9 AMOUNT:2,127.50$ Room Addition CONTRACT CHANGE ORDER NO. 10 AMOUNT:-Carpet outside of Hallway CONTRACT CHANGE ORDER NO. 11 AMOUNT:1,152.30$ Return Grill Filler CONTRACT CHANGE ORDER NO. 12 AMOUNT:2,875.00$ Attic Exhaust Fan CONTRACT CHANGE ORDER NO. 13 AMOUNT:1,955.00$ Increase of Data Outlets (Jack) by 5 more CONTRACT CHANGE ORDER NO. 14 AMOUNT:4,197.50$ Data Drop of Cashier in City Hall CONTRACT CHANGE ORDER NO. 15 AMOUNT:1,242.00$ Room 101 Concrete Floor Entrance CONTRACT CHANGE ORDER NO. 16 AMOUNT:11,605.00$ Increase in Labor to meet phasing before holiday break CONTRACT CHANGE ORDER NO. 17 AMOUNT:-10' Lower Cabinet and Countertop CONTRACT CHANGE ORDER NO. 18 AMOUNT:2,248.25$ Removing wall in finance and new carpet CONTRACT CHANGE ORDER NO. 19 AMOUNT:7,416.35$ CO # 19 - Additional work on room 132 (finance) CONTRACT CHANGE ORDER NO. 20 AMOUNT:3,231.50$ Addition work on Lactation Room CONTRACT CHANGE ORDER NO. 21 AMOUNT:-Concrete on front of door CONTRACT CHANGE ORDER NO. 22 AMOUNT:21,936.25$ Add Pony Wall and Countertop in City Clerk CONTRACT CHANGE ORDER NO. 23 AMOUNT:5,232.50$ Room 131 Wall Removal CONTRACT CHANGE ORDER NO. 24 AMOUNT:460.00$ RFI #49 City hall Break room 111 light Switch CONTRACT CHANGE ORDER NO. 25 AMOUNT:23,000.00$ Project Acceleration to minimize City Services Disruptions CONTRACT CHANGE ORDER NO. 26 AMOUNT:4,065.25$ Additional Carpet Room 125 and 126 CONTRACT CHANGE ORDER NO. 27 AMOUNT:6,974.75$ Additional work on water billing electrical and wall repair CONTRACT CHANGE ORDER NO. 28 AMOUNT:12,004.56$ Additional work for glass repair, ceiling, and lighting CONTRACT CHANGE ORDER NO. 29 AMOUNT:6,670.00$ Additional work of wall and cased opening TOTAL CONTRACT CHANGE ORDER AMOUNT:147,466.46$ ORIGINAL CONTRACT AMOUNT:795,000.00$ TOTAL NEW CONTRACT AMOUNT:942,466.46$ Project Status March 2020 100% City Hall North Tenant Improvement PROJECT NO. 4011.68.059 City Council Regular Meeting - Page 134 of 219 Agenda Item # 18. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas W. Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager Laura Ochoa, Public Works Assistant SUBJECT: PROJECT ACCEPTANCE OF LE SAGE STREET-STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.68.051) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING LE SAGE STREET- STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 40 11.68.051) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION.” Background: On June 2, 2019, the Notice Inviting Bids for these projects was advertised in the Daily Journal, Bid America, on the City’s web site (PlanetBids). The bid opening took place in the PlanetBids Platform on Wednesday, June 12, 2019 at 10:00 A.M. (Pacific Time). Project Scope The Le Sage Street (CIP No. 4011.68.051) consists of street resurfacing, partial removal and replacement of concrete sidewalk, curb/gutter, driveways and curb ramps; adjust to grade all storm drain/sewer/utility maintenance hole covers; adjust to grade all water valve can and covers; provide all traffic striping, markings, curb painting, house addresses and signage. Project also includes the replacement of an existing water main lines with a new 8” water main lines, existing fire hydrants, new services, and new smart meters. Project Limit City Council Regular Meeting - Page 135 of 219 Le Sage Street from Bullis Road to Harris Avenue. Discussion and Analysis: On August 8, 2019, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc., in the amount of $1,133,943.08 for the construction of the Project. The approved budget for the street construction is $955,480 and for the water improvement is $1,068,058 for a combined approved budget of $2,023,538. This Project is funded from Measure M Bonds, Measure M Fund, Water Fund, and CDBG. The construction on the project started on September 30, 2019. The Project was completed on February 7, 2020. Staff conducted the final inspection on February 12, 2020 and found that all work was completed in accordance with the Project plans and specifications. Change Orders On August 8, 2019, the City Council authorized the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorized the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budgets. (Resolution 2019.090) In compliance with LMC 6-3.15(f) which requires the City Manager to report to the City Council every three months or with the project acceptance report on modifications and change orders, staff is reporting on the modifications and change orders approved by the City Manager as part of this project acceptance agenda item. The City Manager approved six (6) contract change orders for the total amount of $272,878.75 (See attachment A). The total billed by the contractor is $1,260,302.58. The Project is now ready for acceptance by the City Council. Once accepted, staff can release the retention 35 days after recordation of the Notice of Completion at the County Recorder’s Office. Fiscal Impact: No additional funding is required for this action. Coordinated With: City Attorney’s Office Finance Department City Clerk’s Office ATTACHMENTS: Description Resolution Attachment A City Council Regular Meeting - Page 136 of 219 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING LE SAGE STREET, STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.86.051) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION. WHEREAS, on August 8, 2019, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc., in the amount of $1,133,943.08 for the construction of the Project; and WHEREAS, on August 8, 2019, the City Council authorized the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorized the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budgets; and WHEREAS, the approved budget for this Project is $2,023,538; and WHEREAS, the construction of the Le Sage Street Street and Water Improvement Project, which started on September 30, 2019, was completed on February 7, 2020; and WHEREAS, in compliance with LMC 6-3.15(f) which requires the City Manager to report to the City Council every three months or with the project acceptance report on modifications and change orders, staff has reported on the modifications and change orders approved by the City Manager as part of this project acceptance agenda item dated August 4, 2020; and WHEREAS, the final construction cost, billed by the contractor, is $1,260,302.58, which includes six (6) contract change orders in the total amount of $272,878.75 for additional work and bid quantities (see attachment A); and WHEREAS, staff conducted the final inspection on February 12, 2020 and found that all work was completed in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood accepts the Le Sage Street, Street and Water Improvement Project No.4011.68.051 as complete in accordance with contract documents and authorizes the Director of Public Works or his designee to process the recordation of the Notice of Completion. Section 2. This resolution shall go into effect immediately upon its adoption. City Council Regular Meeting - Page 137 of 219 2 Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4th day of August, 2020. ______________________________ Aide Castro Mayor ATTEST: ___________________________ ______________________________ María Quiñónez Jose Ometeotl City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 138 of 219 3 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 139 of 219 ATTACHMENT A Last updated: 7/27/2020 CONTRACT CHANGE ORDERS DESCRIPTION AMOUNT CONTRACT CHANGE ORDER NO.1 AMOUNT:Remove 3 additional trees 5,400.00$ CONTRACT CHANGE ORDER NO.2 AMOUNT: Fund amounts allocated for Peach and Le Sage Projects were incorrect and inadvertently been transposed. 229,576.00$ CONTRACT CHANGE ORDER NO.3 AMOUNT:Bid item #5: Remove and Construct 471 sq. ft of Concrete Cross Gutter 9,420.00$ CONTRACT CHANGE ORDER NO.4 AMOUNT:Bid item #18: Adjust one additional water valve can and cover to finished grade 850.00$ CONTRACT CHANGE ORDER NO.5 AMOUNT:Bid item #1 Water Portion: Install and additional 164 LF of 8" ductile iron pipe.25,748.00$ CONTRACT CHANGE ORDER NO.6 AMOUNT:Bid item #1 Water Portion: Install and additional 8" ductile iron pipe.1,884.75$ TOTAL CONTRACT CHANGE ORDER AMOUNT:272,878.75$ ORIGINAL CONTRACT AMOUNT:1,133,943.08$ TOTAL NEW CONTRACT AMOUNT:1,406,821.83$ TOTAL BILLED BY CONTRACTOR 1,260,302.58$ TOTAL UNUSED FUNDS 146,519.25$ LE SAGE STREET, STREET AND WATER IMRPOVEMENT PROJECT NO.4011.68.051 City Council Regular Meeting - Page 140 of 219 Agenda Item # 19. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas W. Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager Laura Ochoa, Public Works Assistant SUBJECT: PROJECT ACCEPTANCE OF PEACH STREET- STREET IMPROVEMENT PROJECT (CIP NO. 4011.68.044) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING PEACH STREET-STREET IMPROVEMENT PROJECT (CIP NO. 4011.86.044) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION.” Background: On June 2, 2019, the Notice Inviting Bids for these projects was advertised in the Daily Journal, Bid America, on the City’s web site (PlanetBids). The bid opening took place in the PlanetBids Platform on Wednesday, June 12, 2019 at 10:00 A.M. (Pacific Time). Project Scope The Peach Street (CIP No. 4011.68.044) consists of street resurfacing, partial removal and replacement of concrete sidewalk, curb/gutter, driveways and curb ramps; adjust to grade all storm drain/sewer/utility maintenance hole covers; adjust to grade all water valve can and covers; provide all traffic striping, markings, curb painting, house addresses and signage. It also includes raised median island with a 30ft diameter roundabout, two (2) painted crosswalks, three (3) ADA compliant curb ramps, and signage at the crosswalks and median islands. Project Limit City Council Regular Meeting - Page 141 of 219 Peach Street from El Segundo Boulevard to Weber Street. Discussion and Analysis: On August 8, 2019, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc., in the amount of $578,321.57 for the construction of the Project. The approved budget for the Project is $1,175,062. The budget includes design and construction cost. The budget also includes the additional appropriation made by the City Council on January 7, 2020, in an effort to improve pedestrian safety, in the amount of $70,000. The expenditure to date at the time of the filing of this agenda item is $1,004,075. This Project was funded from CDBG Fund, Measure M Bonds, Water Fund, and Measure R. The construction of the project started on September 30, 2019. The Project was completed on March 2, 2020. Staff conducted the final inspection on March 13, 2020 and found that all work was completed in accordance with the Project plans and specifications. Change Orders On August 8, 2019, the City Council authorized the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorized the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget. (Resolution 2019.090) In compliance with LMC 6-3.15(f) which requires the City Manager to report to the City Council every three months or with the project acceptance report on modifications and change orders, staff is reporting on the modifications and change orders approved by the City Manager as part of this project acceptance agenda item. The City Manager approved ten (10) contract change orders for the total amount of $392,745. (See attachment A). The final construction cost billed by the contractor is $761,544. The Project is now ready for acceptance by the City Council. Once accepted, staff can release the retention 35 days after recordation of the Notice of Completion at the County Recorder’s Office. Fiscal Impact: No additional funding is required for this action. Coordinated With: City Attorney’s Office Finance Department City Clerk’s Office ATTACHMENTS: Description Resolution Attachment A City Council Regular Meeting - Page 142 of 219 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING PEACH STREET - STREET IMPROVEMENT PROJECT (CIP NO. 4011.86.044) AS COMPLETE; AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION. WHEREAS, on August 8, 2019, the City awarded the contract to the lowest responsible bidder, Sequel Contractors, Inc., in the amount of $578,321.57 for the construction of the Project; and WHEREAS, on August 8, 2019, the City Council authorized the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorized the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budgets; and WHEREAS, the final approved budget for the Project is $1,175,062 and the expenditure is at $1,004,075 at the filing of the agenda item; and WHEREAS, the above mentioned budget also included an appropriation in the amount of $70,000 to improve pedestrian safety that the City Council approved on January 7, 2020; and WHEREAS, the construction of the project, which started on September 30, 2019, was completed on March 2, 2020; and WHEREAS, in compliance with LMC 6-3.15(f) which requires the City Manager to report to the City Council every three months or with the project acceptance report on modifications and change orders, staff has reported on the modifications and change orders approved by the City Manager as part of this project acceptance agenda item dated August 4, 2020; and WHEREAS, the final construction cost, billed by the contractor, is $761,544.30, which includes ten (10) contract change orders in the total amount of $392,745.37 for additional work and bid quantities (see attachment A); and WHEREAS, staff conducted the final inspection on March 13, 2020 and found that all work was completed in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: City Council Regular Meeting - Page 143 of 219 2 Section 1. That the City Council of the City of Lynwood accepts the Peach Street - Street Improvement Project (CIP No.4011.68.044) as complete in accordance with contract documents and authorizes the Director of Public Works or his designee to process the recordation of the Notice of Completion. Section 2. This resolution shall go into effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4th day of August, 2020. ______________________________ Aide Castro Mayor ATTEST: ___________________________ ______________________________ María Quiñónez Jose Ometeotl City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 144 of 219 3 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 145 of 219 ATTACHMENT A Last updated: 7/27/2020 CONTRACT CHANGE ORDERS DESCRIPTION AMOUNT CONTRACT CHANGE ORDER NO.1 Backfill and pave 2" with hot mix the 5' wide trench on Peach from El Segundo to Banning Ave. Proposal also includes removal and the backfilled material and regrading of the V-Gutter. 31,883.25$ CONTRACT CHANGE ORDER NO.2 Install and funish new water line, water meters, and fire hydrant includes removal and the backfilled material and regrading of the V-Gutter. 206,602.09$ CONTRACT CHANGE ORDER NO.3 Credit for switching from 8" concrete to ARHM Overlay at the intersection of Banning and Peach.(5,882.01)$ CONTRACT CHANGE ORDER NO.3.1 Additional bid quantites for curb and gutter, curb, and Driveway Approaches 6,605.00$ CONTRACT CHANGE ORDER NO.4R Concruction of new traffic calming device- Roundabout 62,279.99$ CONTRACT CHANGE ORDER NO.5 Project shut down at Weber and Peach due to nat having the roundabout markings on the pavement for the traffic calming circle 6,469.44$ CONTRACT CHANGE ORDER NO.6 Additional Bid quantities for curbs, Driveway approaches, cross gutter, and removal of concrete pavement, base and subgrade.21,918.00$ CONTRACT CHANGE ORDER NO.7 Balancing Water CCO 33,997.11$ CONTRACT CHANGE ORDER NO.8 Existing Manhole Frame Cover needed to be upgraded.950.00$ CONTRACT CHANGE ORDER NO.9 Additional Bid quantities for Leveling course, ARHM Overlay, and water valve adjustments.27,922.50$ TOTAL CONTRACT CHANGE ORDER AMOUNT:392,745.37$ ORIGINAL CONTRACT AMOUNT:578,321.57$ TOTAL NEW CONTRACT AMOUNT:971,066.94$ TOTAL BILLED BY CONTRACTOR 761,544.00$ TOTAL UNUSED FUNDS 209,522.94$ PEACH STREET, STREET IMRPOVEMENT PROJECT NO.4011.68.044 City Council Regular Meeting - Page 146 of 219 Agenda Item # 20. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager Noe Martinez, Public Works Assistant SUBJECT: PROJECT ACCEPTANCE OF THE CAPISTRANO AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.68.078) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CAPISTRANO AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.68.078) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION; AND APPROVING THE BUDGET ADJUSTMENT AND APPROPRIATION FOR THE PROJECT FOR THE FAIR AND EQUITABLE ALLOCATION OF UTILITY IMPACTS ON CAPISTRANO AVENUE.” Background: On October 23, 2019, the Notice Inviting Bids for the project was advertised in the Daily Journal, Bid America, and on the City’s web site (PlanetBids). The bid opening took place in the PlanetBids Platform on Wednesday, November 13, 2019 at 10:00 A.M. (Pacific Time). Project Scope Capistrano Avenue Street and Water Improvement Project entails street resurfacing, and partial replacement of concrete sidewalks, curb and gutters, driveways approaches, and curb ramps; traffic signing and striping; construction of 1320 linear feet of 8 inch D.I.P. and 95 linear feet of 12 inch D.I.P. water main lines; installation of 9 D.I. Resilient-Wedge Valves; removal and replacement of 50 water meter services and lines; removal and replacement of 3 fire hydrant assemblies and related service lines; and finally, abandonment and filling with slurry of all existing water lines. City Council Regular Meeting - Page 147 of 219 Project Limit Project location is Capistrano Avenue from Norton Avenue to Martin Luther King Jr. Boulevard Discussion and Analysis: On November 19, 2019, the City awarded the contract to the lowest responsible bidder, Sully-Miller Contracting Company, in the amount of $ 781,743 for the construction of the Project. The construction on the Capistrano Avenue Street and Water Improvement Project started on February 10, 2020. The Project was completed on May 20, 2020. Staff conducted the final inspection on May 27, 2020 and found that all work was completed in accordance with the project plans and specifications. The Project is ready for acceptance. The approved budget for the street construction is $698,926 and for the water improvement $604,108 for a combined approved budget of $1,303,034. The Project is funded from Measure M Bonds and Water Fund. Change Orders The City Manager approved six (6) contract change orders for the total amount of $96,527.63 (See attachment A). The final construction cost for this Project is $878,270.63. Under LMC 6-3.15(f), the City Manager is required to report to the City Council every three months or with the project acceptance report on modifications and change orders he has approved. To comply with this reporting requirement, a list of change orders is attached to this report. Project Acceptance The Project is now ready for acceptance by the City Council. Once accepted, staff can release the retention 35 days after recordation of the Notice of Completion at the County Recorder’s Office. Utility Trench Cut Impact Street Pavements, both concrete (PCC) and asphalt (AC) degrade over time. However, utility trench cuts in pavement greatly accelerate this deterioration of both the function and structural capacity of the street section, and significantly reduce the life cycle of street pavements. This significant reduction in pavement condition and reduced life cycle of the street pavement has a financial impact to the street system and budget. Fiscal Impact: Since this Project included water service installation, staff evaluated and calculated the fair and equitable allocation of impacts of utility trench cuts on Capistrano Avenue. The percent of the pavement cost to the overall street cost is 60%. Staff recommends shifting 48% of the pavement cost to the Water Fund for the equitable allocation of impacts of utility trench cuts on Capistrano Avenue. Staff recommends the following budget adjustment and appropriation: Fund Dept Div Object Description Amount Budgetary Transfer Out 6051 Water Fund $322,820.53 Budget Balance $322,820.53 City Council Regular Meeting - Page 148 of 219 Budgetary Transfer In 4011 68 078 TBD Capistrano Avenue Street and Water Improvements Project $322,820.53 Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 68 078 Capistrano Avenue Street and Water Improvements Project (Measure M Bonds) $322,820.53 Budget Balance $322,820.53 Budgetary Transfer In 2357 Measure M Bonds $322,820.53 Coordinated With: City Attorney’s Office Finance Department City Clerk’s Office ATTACHMENTS: Description Attachment A Resolution City Council Regular Meeting - Page 149 of 219 CONTRACT CHANGE ORDER FOR IBUILD SPECTRUM Approved amount Date approved Description CONTRACT CHANGE ORDER NO.1 AMOUNT:10,008.00$ Approved Added labor and materials too relocated water services CONTRACT CHANGE ORDER NO.2 AMOUNT:5,140.12$ Approved Extra Work for conflict with 2" Plastic Gas Main CONTRACT CHANGE ORDER NO.3 AMOUNT:-Void Sewer Work at Norton Ave CONTRACT CHANGE ORDER NO.4 AMOUNT:27,180.00$ Approved Tree Scope Revisions CONTRACT CHANGE ORDER NO.5 AMOUNT:46,735.25$ Approved Measured/ Ticketed quantities that are over the contract item CONTRACT CHANGE ORDER NO.6 AMOUNT:7,464.26$ Approved Compaction Testing TOTAL CONTRACT CHANGE ORDER AMOUNT:96,527.63$ ORIGINAL CONTRACT AMOUNT:781,743.00$ TOTAL NEW CONTRACT AMOUNT:878,270.63$ CAPISTRANO AVE STREET AND WATER IMPROVEMENT PROJECT NO. 4011.68.078 Last revised 7/22/2020 City Council Regular Meeting - Page 150 of 219 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CAPISTRANO AVENUE STREET AND WATER IMPROVEMENT PROJECT (CIP NO. 4011.68.078) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION AND APPROVING THE BUDGET ADJUSTMENT AND APPROPRIATION FOR THE PROJECT FOR THE FAIR AND EQUITABLE ALLOCATION OF UTILITY IMPACTS ON CAPISTRANO AVENUE WHEREAS, on November 19, 2019, the City awarded the contract to the lowest responsible bidder, Sully-Miller Contracting Company, in the amount of $ 781,743 for the construction of the Project; and WHEREAS, the construction on the Capistrano Avenue Street and Water Improvement Project, which started on February 10, 2020, was completed on May 20, 2020; and WHEREAS, in compliance with LMC 6-3.15(f) which requires the City Manager to report to the City Council every three months or with the project acceptance report on modifications and change orders, staff has reported on the modifications and change orders approved by the City Manager as part of this project acceptance agenda item dated August 4, 2020; and WHEREAS, the final construction cost is $878,270.63, which includes six (6) contract change orders in the total amount of $96,527.63 for additional work and bid quantities (see attachment A); and WHEREAS, Street Pavements, both concrete (PCC) and asphalt (AC) degrade over time, however, utility trench cuts in pavement greatly accelerate this deterioration of both the function and structural capacity of the street section, and significantly reduce the life cycle of street pavements; and WHEREAS, this Project included water service installation; and WHEREAS, staff evaluated and calculated the fair and equitable allocation of impacts of utility trench cuts on Capistrano Avenue and finds that 48% of the pavement cost to the Water Fund is warranted for the equitable allocation of impacts the utility trench cuts; and WHEREAS, staff conducted the final inspection on May 27, 2020 and found that all work was completed in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: City Council Regular Meeting - Page 151 of 219 2 Section 1. That the City Council of the City of Lynwood accepts the Capistrano Avenue Street and Water Improvement Project (CIP No. 4011.68.078) as complete in accordance with contract documents and authorizes the Director of Public Works or his designee to process the recordation of the Notice of Completion. Section 2. That the City Council accepts Attachment A on the list of change orders. Section 3. That the City Council, upon recommendation from the City Engineer, finds that the shift of certain pavement cost to the Water Fund is an equitable allocation of impacts of utility trench cuts on Capistrano Avenue. Section 4. That the City Council approves the following budget adjustment and appropriation: Fund Dept Div Object Description Amount Budgetary Transfer Out 6051 Water Fund $322,820.53 Budget Balance $322,820.53 Budgetary Transfer In 4011 68 078 TBD Capistrano Avenue Street and Water Improvements Project $322,820.53 Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 68 078 Capistrano Avenue Street and Water Improvements Project (Measure M Bonds $322,820.53 Budget Balance $322,820.53 Budgetary Transfer In 2357 Measure M Bonds $322,820.53 Section 5. This resolution shall go into effect immediately upon its adoption. Section 6. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4st day of August, 2020. ______________________________ Aide Castro City Council Regular Meeting - Page 152 of 219 3 Mayor ATTEST: ___________________________ ______________________________ María Quiñónez Jose Ometeotl City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 153 of 219 4 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4st day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4st day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 154 of 219 Agenda Item # 21. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager Noe Martinez, Public Works Assistant SUBJECT: PROJECT ACCEPTANCE OF THE GERTRUDE DRIVE STREET AND WATER IMPROVEMENTS PROJECT (CIP NO. 4011.68.080) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE GERTRUDE DRIVE STREET AND WATER IMPROVEMENTS PROJECT (CIP NO. 4011.68.080) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION; AND APPROVING THE BUDGET ADJUSTMENT AND APPROPRIATION FOR THE PROJECT FOR THE FAIR AND EQUITABLE ALLOCATION OF UTILITY IMPACTS ON GERTRUDE DRIVE.” Background: On November 21, 2019, the Notice Inviting Bids for the project was advertised in the Daily Journal, Bid America, and on the City’s web site (PlanetBids). The bid opening took place in the PlanetBids Platform on Thursday, December 9, 2019 at 10:00 A.M. (Pacific Time). Project Scope The Gertrude Drive Street and Water Improvements Project entails the partial removal and replacement of concrete sidewalk, curb/gutter, driveways and curb ramps; removal and reconstruction of portions of street sections exhibiting signs of base failure; removal and replacement of portions of native soil as needed; grind and overlay with new asphalt the entire street section; adjustment to grade all storm drain/sewer/utility maintenance hole covers; adjustment to grade all water valve can and covers; provision of all traffic striping, markings, curb painting, house addresses and signage. City Council Regular Meeting - Page 155 of 219 It also includes constructing a 674 LF of 8” D.I.P water main line; removing and replacing 19 water meter services and lines; removing and replacing 1 fire hydrant assemblies and related service lines; and finally, abandoning and filling with slurry all existing water lines. Project Limit Project location is Gertrude Drive from Agnes Street to Magnolia Avenue and between Woodland Avenue to end of Cul-de-Sac. Discussion and Analysis: On February 20, 2020, the City awarded the contract to the lowest responsible bidder, Sully-Miller Contracting Company, in the amount of $830,600 for the construction of the Project. The construction on the Gertrude Drive Street and Water Improvements Project started on February 10, 2020. The Project was completed on May 22, 2020. Staff conducted the final inspection on June 9, 2020 and found that all work was completed in accordance with the project plans and specifications. The Project is ready for acceptance. The approved budget for the street construction is $954,453 and for the water improvement is $238,500 for a combined approved budget of $1,192,953. The Project is funded from SB 1 funds and Water funds. Change Orders The City Manager approved six (6) contract change orders for the total amount of $72,965.29 (See attachment A). The final construction cost for this Project is $903,565.29. Under LMC 6-3.15(f), the City Manager is required to report to the City Council every three months or with the project acceptance report on modifications and change orders he has approved. To comply with this reporting requirement, a list of change orders is attached to this report. Project Acceptance The Project is now ready for acceptance by the City Council. Once accepted, staff can release the retention 35 days after recordation of the Notice of Completion at the County Recorder’s Office. Utility Trench Cut Impact Street Pavements, both concrete (PCC) and asphalt (AC) degrade over time. However, utility trench cuts in pavement greatly accelerate this deterioration of both the function and structural capacity of the street section, and significantly reduce the life cycle of street pavements. This significant reduction in pavement condition and reduced life cycle of the street pavement has a financial impact to the street system and budget. Fiscal Impact: Since this Project included water service installation, staff evaluated and calculated the fair and equitable allocation of impacts of utility trench cuts on Gertrude Drive. The percent of the pavement cost to the overall street cost is 24%. Staff recommends shifting 19% of the pavement cost to the Water Fund for the equitable allocation of impacts of utility trench cuts on Gertrude Drive. Staff recommends the following budget adjustment and appropriation: City Council Regular Meeting - Page 156 of 219 Fund Dept Div Object Description Amount Budgetary Transfer Out 6051 Water Fund $178,941.27 Budget Balance $178,941.27 Budgetary Transfer In 4011 68 080 TBD Gertrude Drive Street and Water Improvements Project $178,941.27 Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 68 080 Gertrude Drive and Water Improvements Project (SB1, Fund 2121) $178,941.27 Budget Balance $178,941.27 Budgetary Transfer In 2121 SB1 $178,941.27 Coordinated With: City Attorney’s Office Finance Department City Clerk’s Office ATTACHMENTS: Description Attachment A Resolution City Council Regular Meeting - Page 157 of 219 CONTRACT CHANGE ORDER FOR IBUILD SPECTRUM Approved amount (P.O # 06-008521)Date approved Description CONTRACT CHANGE ORDER NO.1 AMOUNT:10,000.00$ Approved Additional Fire Hydrant Assembly & Service line CONTRACT CHANGE ORDER NO.2 AMOUNT:2,428.50$ Approved Additional cost for driveway approach CONTRACT CHANGE ORDER NO.3 AMOUNT:7,165.00$ Approved Extended Paving Limits at Gertrude Dr. and Agnes Ave CONTRACT CHANGE ORDER NO.4 AMOUNT:9,120.00$ Approved Additional Cost for Tree Scope Revisions CONTRACT CHANGE ORDER NO.5 AMOUNT:40,737.40$ Approved Additional Cost for paving quantities over contract CONTRACT CHANGE ORDER NO.6 AMOUNT:3,514.39$ Approved Authorized Extra Work, Testing Cost and Bid Item "credit" Approved by RFI No. 002 TOTAL CONTRACT CHANGE ORDER AMOUNT:72,965.29$ ORIGINAL CONTRACT AMOUNT:$830,600.00 TOTAL NEW CONTRACT AMOUNT:903,565.29$ CAPISTRANO AVE STREET AND WATER IMPROVEMENT PROJECT NO. 4011.68.080 Last revised 7/22/2020 City Council Regular Meeting - Page 158 of 219 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE GERTRUDE DRIVE STREET AND WATER IMPROVEMENTS PROJECT (CIP NO. 4011.68.080) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE RECORDATION; AND APPROVING THE BUDGET ADJUSTMENT AND APPROPRIATION FOR THE PROJECT FOR THE FAIR AND EQUITABLE ALLOCATION OF UTILITY IMPACTS ON GERTRUDE DRIVE WHEREAS, on February 20, 2020, the City awarded the contract to the lowest responsible bidder, Sully-Miller Contracting Company, in the amount of $830,600 for the construction of the Project; and WHEREAS, the construction of the Gertrude Drive Street and Water Improvements Project which started on February 10, 2020 was completed on May 22, 2020; and WHEREAS, the final construction cost is $903,565.29., which includes approved six (6) contract change orders for the total amount of $72,965.29 for additional work and bid quantities (see attachment A); and WHEREAS, Street Pavements, both concrete (PCC) and asphalt (AC) degrade over time, however, utility trench cuts in pavement greatly accelerate this deterioration of both the function and structural capacity of the street section, and significantly reduce the life cycle of street pavements; and WHEREAS, this Project included water service installation; and WHEREAS, staff evaluated and calculated the fair and equitable allocation of impacts of utility trench cuts on Gertrude Drive and finds that 19% of the pavement cost to the Water Fund is warranted for the equitable allocation of impacts the utility trench cuts; and WHEREAS, staff conducted the final inspection on June 9, 2020 and found that all work was completed in accordance with the project plans and specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood accepts the Gertrude Drive Street and Water Improvements Project (CIP No. 4011.68.080) as complete in accordance with contract documents and authorizes the Director of Public Works or his designee to process the recordation of the Notice of Completion. City Council Regular Meeting - Page 159 of 219 2 Section 2. That the City Council accepts Attachment A on the list of change orders. Section 3. That the City Council, upon recommendation from the City Engineer, finds that the shift of certain pavement cost to the Water Fund is an equitable allocation of impacts of utility trench cuts on Gertrude Drive. Section 4. That the City Council approves the following budget adjustment and appropriation: Fund Dept Div Object Description Amount Budgetary Transfer Out 6051 Water Fund $178,941.27 Budget Balance $178,941.27 Budgetary Transfer In 4011 68 080 TBD Gertrude Drive Street and Water Improvements Project $178,941.27 Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 68 080 Gertrude Drive and Water Improvements Project (SB1, Fund 2121) $178,941.27 Budget Balance $178,941.27 Budgetary Transfer In 2121 SB1 $178,941.27 Section 5. This resolution shall go into effect immediately upon its adoption. Section 6. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 4st day of August, 2020. ______________________________ Aide Castro Mayor ATTEST: ___________________________ ______________________________ María Quiñónez Jose Ometeotl City Council Regular Meeting - Page 160 of 219 3 City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 161 of 219 4 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4st day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4st day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 162 of 219 Agenda Item # 22. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Richard J. Sandzimier, Director of Public Works Thomas Thornton, City Engineer Lorry Hempe, Public Works Special Projects Manager SUBJECT: APPROVAL OF SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY AND THE CITIES OF DOWNEY, LAKEWOOD, LONG BEACH, LYNWOOD, PARAMOUNT, PICO RIVERA, SIGNAL HILL, SOUTH GATE, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY AND THE CITIES OF DOWNEY, LAKEWOOD, LONG BEACH, LYNWOOD, PARAMOUNT, PICO RIVERA, SIGNAL HILL, SOUTH GATE, , AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR ADMINISTRATION AND COST SHARING TO PREPARE AND IMPLEMENT A WATERSHED MANAGEMENT PROGRAM AND COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO R4-2012-0175 MUNICIPAL SEPARATE STORM WATER SYSTEM.” Background: Municipal Separate Storm Sewer System (MS4) receive stormwater and non-stormwater discharges from various sources, including municipal MS4s and other public agencies, discharges under the NPDES permits or authorized by the USEPA, groundwater and natural flow. As the discharges flow over the urban landscape, they may pick up pollutants generated by urban activities, such as metals, bacteria, pesticides, fertilizers and trash. Polluted stormwater and non-stornwater discharges conveyed through the MS4 ultimately reach receiving waters, City Council Regular Meeting - Page 163 of 219 resulting in adverse water quality impacts. The goal of the MS4 Permit is to reduce the discharge of these pollutants from MS4. Municipal discharges of storm and non-storm water by the City is subject to the water discharge requirements under Order No. R4-2012- 0175 for the MS4 by the Regional Water Board. Under the MS4 Permit, permittees are allowed the flexibility to develop Watershed Management Programs to implement the requirements under the MS4 Permit on a watershed scale through customized strategies, control measures and Best Management Practices (BMPs). On October 1, 2013, the City Council authorized a Memorandum of Understanding (MOU) between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and the cities of Downey, Lakewood, Long Beach, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate and the Los Angeles County Flood Control County Flood Control District for the purpose of preparing a Watershed Management Program (WMP) and a Coordinated Integrated Monitoring Program (CIMP). The parties to the MOU, the Lower Los Angeles River Wateshed committee (LLAR), developed a WMP to implement the requirements of the MS4 Permit on a watershed scale. In addition, elements of the WMP relating to the Total Maximum Daily Loads (TMDLs) address requirements of California State Water Resources Control Board order No. 2012-0011-DWQ (the Caltrans Stormwater Permit) for those TMDLs within the watershed areas. On June 16, 2015, the City Council approved a First Amendment to the MOU to 1) add implementation of the Plans to the scope and purpose of the MOU; and 2) to provide a separate cost-sharing formula for the implementation of the Plans, subject to the annual budget approval, in accordance with each party’s cost share allocations. In July 2020, parties to the LLAR drafted and submitted a Second Amendment to the MOU to 1) extend the MOU’s term through September 30, 2025; 2) clarify that funding collected through the MOU maybe used for regional BMP projects agreed to by the Watershed Permittees; 3) incorporate Gateway Water Management Authority’s administrative cost recovery program into the MOU; and 4) provide a consolidated cost-share formula for implementation of the Plans and any other approved expenditures, subject to annual budget approval. On July 9, 2020, the Gateway Water Management Authority (GWMA) approved the Second Amendment to the MOU for the LLAR. The GWMA contracts and serves as the conduit for paying the consultants as approved by the LLAR. Discussion and Analysis: On June 3, 2014, the City Council approved the WMP and CIMP. On April 28, 2015, the Los Angeles Regional Water Quality Control Board approved, with conditions, the Lower Los Angeles River Group’s (LLAR) WMP pursuant to the MS4 Permit. The WMP sets forth a path to achieve pollutant reductions in the waterbodies of the Lower Los Angeles River and its tributaries. Included in the WMP is the Reasonable Assurance Analysis (RAA) which predicts an optimal combination of structural treatment systems and construction timelines to achieve the goals of the MSF Permit. The RAA distributes the responsibility for implementation of future treatment systems amongst all Lower Los Angeles River Watershed cities. The City is still subject to the MS4 Permit (Order No. R4-2012-0175). As such, municipal discharges of storm and non-storm water by the City is subject to the water discharge requirements under for the MS4 by the Regional Water Board. Under the MOU, the cities and County Flood Control District cooperatively support and undertake the implementation of the WMP and CIMPs. There is a collaboration among the permittees within a watershed to address a regional issue. Fiscal Impact: Financing the implementation of LLAR’s WMP is the greatest challenge confronting the Watershed Group. The cost to comply with the MS4 Permit remains prohibitive. The structural BMPs alone costs $17.6 to $34.8 million to capture 95.5 acre-feet of stormwater in Lynwood. This in in addition to non-structural BMPs that the City would City Council Regular Meeting - Page 164 of 219 need to implement. On November 6, 2018, Measure W (the Safe, Clean Water (SCW) Program ballot measure) was successfully passed by the voters. The SCW Program provides local, dedicated funding to increase water supply, improve water quality, and provide community enhancements throughout Los Angeles County. The City is anticipated to receive $580,000 in FY 2020-21. The annual allocation will help the City defray some of the cost of compliance. No additional funding is needed. The City’s proportional share under the MOU has been included in the City’s proposed budget for FY21. Coordinated With: City Attorney Finance & Administration ATTACHMENTS: Description Resolution Exhibit A- Second Amendment to the MOU City Council Regular Meeting - Page 165 of 219 1 RESOLUTION._____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY AND THE CITIES OF DOWNEY, LAKEWOOD, LONG BEACH, LYNWOOD, PARAMOUNT, PICO RIVERA, SIGNAL HILL, SOUTH GATE, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR ADMINISTRATION AND COST SHARING TO PREPARE AND IMPLEMENT A WATERSHED MANAGEMENT PROGRAM AND COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO R4-2012-0175 MUNICIPAL SEPARATE STORM WATER SYSTEM WHEREAS, on December 5, 2012, the Los Angeles Regional Water Quality Control Board transmitted the final National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit and waste discharge requirements for storm water and non-storm water discharges from the MS4 within the coastal watersheds of Los Angeles County, which was adopted by the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) at its meeting on November 8, 2012; and WHEREAS, MS4 Permit requires dischargers to comply with all of the terms, requirements, and conditions of the MS4 Permit and comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act (CWA) for toxic pollutants and with standards for sewage sludge use or disposal within the time frame provided in the regulations that establish these standards or prohibitions; and WHEREAS, on October 1, 2013, the City Council approved a Memorandum of Understanding between the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority and the Cities of Downey, Lakewood, Long Beach, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate and the Los Angeles County Flood Control District for administration and cost sharing to prepare a Watershed Management Program; and WHEREAS, on June 3, 2014, the City Council approved the submittal of the LLAR’s draft WMP and CIMP to the Los Angeles Regional Water Quality Control Board (Regional Board); and WHEREAS, on April 28, 2015, the Regional Board approved LLAR’s WMP with conditions; and City Council Regular Meeting - Page 166 of 219 2 WHEREAS, on June 16, 2015, the City Council approved a First Amendment to the MOU to 1) add implementation of the Plans to the scope and purpose of the MOU; and 2) to provide a separate cost-sharing formula for the implementation of the Plans, subject to the annual budget approval, in accordance with each party’s cost share allocations; and WHEREAS, the WMP requires implementation of a wide range of “control measures,” including monitoring; and WHEREAS, it is more cost effective to share cost to implement the WMP and the CIMP; and WHEREAS, in July 2020, parties to the LLAR drafted and submitted a Second Amendment to the MOU to 1) extend the MOU’s term through September 30, 2020; 2) clarify that funding collected through the MOU maybe used for regional BMP projects agreed to by the Watershed Permittees; 3) incorporate Gateway Water Management Authority’s administrative cost recovery program into the MOU; and 4) provide a consolidated cost-share formula for implementation of the Plans and any other approved expenditures, subject to annual budget approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves the Second Amendment to the Memorandum of Understanding Between the Los Angeles Gateway Region Integrated Regional Management Joint Powers Authority and the Cities of Downey, Lakewood, Lynwood, Paramount, Pico Rivera, Signal Hill, South Gate, Long Beach, and the Los Angeles County Flood Control District attached hereto as Exhibit A. Section 2. That the City Council authorizes the City Manager execute the above mentioned Agreement. Section 3. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4th day of August, 2020. ______________________________ Aide Castro Mayor ATTEST: ___________________________ ______________________________ City Council Regular Meeting - Page 167 of 219 3 María Quiñónez Jose Ometeotl City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Richard J. Sandzimier City Attorney Director of Public Works City Council Regular Meeting - Page 168 of 219 4 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of August 2020, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of August 2020. ________________________ Maria Quinonez, City Clerk City Council Regular Meeting - Page 169 of 219 City Council Regular Meeting - Page 170 of 219 City Council Regular Meeting - Page 171 of 219 City Council Regular Meeting - Page 172 of 219 City Council Regular Meeting - Page 173 of 219 City Council Regular Meeting - Page 174 of 219 City Council Regular Meeting - Page 175 of 219 City Council Regular Meeting - Page 176 of 219 City Council Regular Meeting - Page 177 of 219 City Council Regular Meeting - Page 178 of 219 City Council Regular Meeting - Page 179 of 219 City Council Regular Meeting - Page 180 of 219 City Council Regular Meeting - Page 181 of 219 City Council Regular Meeting - Page 182 of 219 City Council Regular Meeting - Page 183 of 219 City Council Regular Meeting - Page 184 of 219 City Council Regular Meeting - Page 185 of 219 Agenda Item # 23. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Shanell Shipe, Assistant to the City Manager SUBJECT: DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Recommendation: It is recommended that the City Council of the City of Lynwood designate one voting delegate and up to two (2) alternate voting delegates for the League of California Cities 2019 Annual Conference to be held October 7 - 9, 2020 in Long Beach, CA. Background: This year the League of California Cities will hold its annual conference in Long Beach, CA, October 7 – 9, 2020. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for 11:00am on Friday, October 9, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. Council is to appoint a voting delegate and may appoint up to two (2) alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. The league will send the proposed resolutions to member cities prior to the conference for consideration and review. For the 2019 Annual Conference, the Lynwood City Council elected Council Member Marisela Santana as the delegate and Council Member Jorge Casanova as the alternate. Discussion and Analysis: The designated voting delegate and alternate voting delegate(s) must be registered to attend the conference the day the voting will occur. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. These procedures assume that the conference will be held in- person at the Long Beach Convention Center as planned. Should COVID-19 conditions and restrictions prohibit the League from holding an in-person conference, new procedures will be provided. The League's voting procedures are attached for the City Council's review. City Council Regular Meeting - Page 186 of 219 Fiscal Impact: There is no fiscal impact to appoint voting delegates. The cost to attend the annual conference will be deducted from the member's travel budget for the 20-21 FY. Coordinated With: City Manager's Office City Attorney ATTACHMENTS: Description 2019 Voting Delegate Form 2020 Voting Delegate Packet City Council Regular Meeting - Page 187 of 219 City Council Regular Meeting - Page 188 of 219 1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 June 30, 2020 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo – October 7 – 9, 2020 The League’s 2020 Annual Conference & Expo is scheduled for October 7 – 9. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, October 9. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League’s office no later than Wednesday, September 30. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures are intended to ensure the integrity of the voting process at the Annual Business Meeting. These procedures assume that the conference will be held in- person at the Long Beach Convention Center as planned. Should COVID-19 conditions and restrictions prohibit the League from holding an in-person conference, new procedures will be provided. • Action by Council Required. Consistent with League bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by the end of July at www.cacities.org. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the Council Action Advised by August 31, 2020 City Council Regular Meeting - Page 189 of 219 1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 7, 8:00 a.m. – 6:00 p.m.; Thursday, October 8, 7:00 a.m. – 4:00 p.m.; and Friday, October 9, 7:30 a.m.–11:30 a.m.. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League’s office by Wednesday, September 30. If you have questions, please call Darla Yacub at (916) 658-8254. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form City Council Regular Meeting - Page 190 of 219 1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 CITY:________________________________________ 2020 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Wednesday, September 30, 2020. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: ____________________________________ Email _________________________________ Mayor or City Clerk___________________________ Date____________ Phone________________ (circle one) (signature) Please complete and return by Wednesday, September 30, 2020 League of California Cities FAX: (916) 658-8240 ATTN: Darla Yacub E-mail: dyacub@cacities.org 1400 K Street, 4th Floor (916) 658-8254 Sacramento, CA 95814 City Council Regular Meeting - Page 191 of 219 1400 K Street, Suite 400, Sacramento, CA 95814-3916 | www.cacities.org | (916) 658-8200 Annual Conference Voting Procedures 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. City Council Regular Meeting - Page 192 of 219 Agenda Item # 24. AGENDA STAFF REPORT DATE: August 4, 2020 TO: Honorable Mayor and Members of the City Council APPROVED BY: Jose E. Ometeotl, City Manager PREPARED BY: Jose Ometeotl, City Manager SUBJECT: INTENTION TO LEVY AN ANNUAL EXCISE TAX ON FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD Recommendation: It is recommended that the City Council adopt the attached Ordinance entitled: “AN ORDINANCE OF THE PEOPLE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE IMPOSITION OF A GENERAL PRIVILEGE TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD.” Background: Section 37100.5 of the California Government Code provides that any general law city’s legislative body “may levy any tax which may be levied by any charter city.” Section 17051.5 of the California Revenue and Taxation Code similarly provides that, while municipal income taxes are not permitted, this prohibition “shall not be construed so as to prohibit the levy or collection of an otherwise authorized license tax upon a business measured according to the gross receipts.” This business license tax is not levied on selling as in the case of sales tax, but rather on the privilege of engaging in a business, with the measure of the tax based on gross hospital receipts, and amount which shall be determined by the Hospital’s annual net patient revenue as required to be reported to the California Office of Statewide Health Planning and Development pursuant to California Health and Safety Code section 128735, subdivision (b) (“Hospital Tax”). The purpose of this item is to initiate the process and levy an annual excise tax on each hospital engaging in business within city limits. The tax to be imposed shall be an amount equivalent to three percent (3%) of the hospital’s gross receipts. Discussion and Analysis: City Council Regular Meeting - Page 193 of 219 The Hospital Tax is a general tax. A general tax refers to a general levy by a government that offers no special benefit to the taxpayer, but instead support to governmental programs that benefit all. Proceeds from the Hospital Tax shall be deposited into the City’s general fund and may be used for any and all municipal purposes. By adopting the attached Ordinance, the City agrees to impose an annual excise tax on each hospital for the privilege of engaging in business within the City in an amount equivalent to three percent (3%) of the Hospital’s Gross Receipts. This general tax shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. Hospitals play a central role in caring for the health of City residents and have been profitable in doing so. The City provides support to healthcare facilities by providing municipal services such as street repairs, utility maintenance, clean water, public safety, and other infrastructure. City residents and businesses also support healthcare facilities financially, by paying bills or purchasing insurance, with individuals paying an increasing share of their bills through co-pays and deductibles. The City also supports health in other ways, such as through community development block grants, senior services such as transportation and meals, recreational services for children, and affordable housing. As such, the revenue generated from the Hospital Tax will be used to support municipal interests such as economic growth and development, community services, and recreational opportunities, all of which promote a healthy city. Fiscal Impact: Approval of the recommended action will have no adverse fiscal impact on the General Fund. Some cost savings may be realized from this Ordinance, as the revenue generated from the Hospital Tax imposed on the gross receipts will be used to support municipal interests. Coordinated With: City Attorney City Manager's Office ATTACHMENTS: Description Ordinance Authorizing the Impositon of a Gross Receipts Tax_Lynwood Hospital Privilege Tax Ordinance Reso Approving Form of Ordinance Reso Requesting Election Consolidation Reso Setting Priorities Resolution Calling for an Election City Council Regular Meeting - Page 194 of 219 Page 1 of 5 PROPOSED ORDINANCE NO. ____ AN ORDINANCE OF THE PEOPLE OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE IMPOSITION OF A GENERAL PRIVILEGE TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD BE IT ORDAINED BY THE PEOPLE OF THE CITY OF LYNWOOD AS FOLLOWS: SECTION 1. Section 6-9 of Chapter 6 of the Lynwood Municipal Code, regarding a hospital privilege tax, is added to the Lynwood Municipal Code to read as follows: 6-9.1 Title. This Ordinance shall be known as the City of Lynwood Hospital Tax Ordinance. As used in this Section 6-9 the City shall mean the City of Lynwood, California. 6-9.3 Imposition of Hospital Tax. Pursuant to Article XI, section 7, of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety and welfare of its citizens. This constitutional power has long been held to encompass the power to license and tax local businesses for revenue purposes. A. In addition to any other taxes imposed by the City, the County of Los Angeles, any local special districts, the State of California, and the federal government, the City hereby levies an annual excise tax on each hospital engaging in business subject to this section in an amount equivalent to three percent (3%) of the Hospital’s Gross Receipts. B. Except as otherwise provided under this section, every for-profit hospital engaging in business within the City shall pay an annual gross receipts tax measured by the hospital’s gross receipts from all taxable business activities. C. This section is adopted pursuant to the authority granted by the laws of the State of California, including Section 17041.5 of the California Revenue and Taxation Code and Section 37100.5 of the California Government Code. D. The gross receipt tax is to be applied in the broadest manner consistent with the provisions and requirements of the California Constitution, the United States Constitution, and any other applicable provision of federal and state law. 6-9.5 Effective date. The Hospital Tax shall be annually assessed based on Gross Receipts incurred beginning January 1 of the year that follows voter approval of the imposition of the tax. City Council Regular Meeting - Page 195 of 219 Page 2 of 5 6-9.7 Purpose and intent. This ordinance is adopted to achieve the following, among other purposes, and shall be interpreted in order to accomplish those purposes: A. To impose an excise tax on the privilege of operating a hospital on property within the City. This general tax shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. This revenue measure imposes a general tax on the gross receipts of any for-profit hospital in the City. Hospitals play a central role in caring for the health of City residents and have been profitable in doing so. The City provides support to healthcare facilities by providing municipal services such as street repairs, utility maintenance, clean water, public safety, and other infrastructure. City residents and businesses also support healthcare facilities financially, by paying bills or purchasing insurance, with individuals paying an increasing share of their bills through co-pays and deductibles. The City also supports health in other ways, such as through community development block grants, senior services such as transportation and meals, recreational services for children, and affordable housing. The revenue generated from the Hospital Tax will be used to support municipal interests such as economic growth and development, community services, and recreational opportunities, all of which promote a healthy city. 6-9.9 Definitions. For purposes of this section the following terms have the following meanings: A. “City” means the City of Lynwood, California. B. “Gross Receipts” means the Hospital’s annual net patient revenue as required to be reported to the California Office of Statewide Health Planning and Development pursuant to California Health and Safety Code section 128735, subdivision (b). C. “Hospital” means all hospitals as defined in California Health and Safety Code section 1250(a) that operate within the borders of the City, excluding any hospital owned by a nonprofit organization that is exempted from taxation by Chapter 4 of Part 11 of Division 2 of the California Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code, or any law that succeeds these provisions. D. “Hospital Tax” refers to the tax established pursuant to this Section. E. “Tax Administrator” means the Director of Finance of the City of Lynwood, the designee of the Director of Finance, or the County Assessor or County Tax Collector. F. “Engaging in Business” shall mean the conducting, operating, managing and carrying on of a business, whether done as an owner, or by means of an officer, agent, manager, or employee. A person shall be deemed engaged in business within the City if: City Council Regular Meeting - Page 196 of 219 Page 3 of 5 1. such person or his/her employee maintains a fixed place of business within the City for the benefit or partial benefit of such person, or 2. such person or his employee owns or leases real property within the City for business purposes, or 3. such person or his employee regularly conducts solicitation of business within the City. The foregoing specified activities shall not be a limitation on the meaning of “engaging in business.” 6-9.11 General Tax. The Hospital Tax is a general tax. Proceeds from the Hospital Tax shall be deposited into the City’s general fund and may be used for any and all municipal purposes. 6-9.13 Duty to Enforce. A. It shall be the duty of the Tax Administrator to enforce each and all of the provisions of this section, including but not limited to, collecting, receiving and directing all taxes imposed by this section, and to keep an accurate record thereof. B. The Tax Administrator is charged with enforcing this section, and may prescribe, adopt, develop, and enforce rules and regulations relating to the administration and enforcement of this Section 6-9. A copy of such rules and regulations shall be on file in the Tax Administrator’s office. 6-9.15 Apportionment. A. When, by reason of the provisions of the Constitution of the United States or the Constitution of California, this chapter cannot be enforced without there being an apportionment of the Hospital’s Gross Receipts according to the amount of business activity within the City or within the State of California, the Tax Administrator shall determine the appropriate formula for apportionment and shall determine the amount of Gross Receipts to be apportioned pursuant thereto, based on information provided by the Hospital. B. It shall be the Hospital’s obligation to request apportionment and to provide all information necessary for the Tax Administrator to determine the appropriate formula for apportionment and determine the amount of Gross Receipts to be apportioned, no later than thirty (30) days prior to the delinquency date established by the Tax Administrator, and if the Hospital does not so request in writing, it shall be conclusively deemed to have waived any apportionment for that year. C. If a Hospital believes that the amount of tax owed according to the Tax Administrator’s apportionment formula is greater than the facts justify, the Hospital may apply in writing to request a modification. The application shall be accompanied by a statement of facts supporting the requested reduction. The Tax Administrator shall City Council Regular Meeting - Page 197 of 219 Page 4 of 5 determine whether the amount of tax owed will be reduced, increased, or allowed to stand, based on the evidence presented by the Hospital and any other evidence the Tax Administrator may request or otherwise obtain. SECTION 1. SEVERABILITY. If any section, subsection, paragraph, sentence clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 3. EFFECTIVE DATE. This Ordinance relates to the levying and collection of a City general tax and shall take effect immediately upon its approval of the voters of the City of Lynwood. SECTION 4. CITY CLERK CERTIFICATION. The City Clerk of the City of Lynwood shall certify as to the adoption of this Ordinance and shall cause the same to be posted in the manner required by law. INTRODUCED on this ______ day of August, 2020, and passed to print and approved by the following called vote: Members of the Council: AYES: NOES: APPROVED by the following vote of the People of the City of Lynwood on November ___, 2020: YES: NO: City Council Regular Meeting - Page 198 of 219 Page 5 of 5 ADOPTED by Declaration of the vote at the November ____, 2020 election by the City Council of the City of Lynwood on ________________, 2020: Members of the Council: AYES: NOES: City Council Regular Meeting - Page 199 of 219 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FORM OF THE ORDINANCE TO BE SUBMITTED TO THE VOTERS AT THE NOVEMBER 3, 2020 ELECTION WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Municipal Election shall be held on November 3, 2020; and WHEREAS, the City Council desires to submit to the voters at the election a question relating to the imposition of a general privilege tax on the gross receipts of for- profit hospitals (“Hospital Tax”) ballot initiative. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The form of the Ordinance to be submitted to the voters of the City of Lynwood at the November 3, 2020 election is attached hereto as Attachment No. 1 and incorporated herein by this reference. Section 2. The City Council has approved the form the Ordinance attached hereto as Attachment No. 1 to be submitted to the voters of the City of Lynwood at the November 3, 2020 election. Section 3. This Resolution shall take effect immediately upon adoption. Section 4. That the City Clerk shall certify to the passage and adoption of this City Council Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED THIS ____ DAY OF AUGUST, 2020 BY THE FOLLOWING VOTE OF THE CITY COUNCIL: Members of the Council: AYES: NOES: . ___________________________ Aide Castro Mayor City Council Regular Meeting - Page 200 of 219 2 ATTEST: __________________________ Maria Quiṅonez City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ _____________________________ Noel Tapia Jose Ometoetl City Attorney City Manager City Council Regular Meeting - Page 201 of 219 3 ATTACHMENT NO. 1 PROPOSED ORDINANCE NO. ____ AN ORDINANCE OF THE PEOPLE OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE IMPOSITION OF A GENERAL PRIVILEGE TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD BE IT ORDAINED BY THE PEOPLE OF THE CITY OF LYNWOOD AS FOLLOWS: SECTION 1. Section 6-9 of Chapter 6 of the Lynwood Municipal Code, regarding a hospital privilege tax, is added to the Lynwood Municipal Code to read as follows: 6-9.1 Title. This Ordinance shall be known as the City of Lynwood Hospital Tax Ordinance. As used in this Section 6-9 the City shall mean the City of Lynwood, California. 6-9.3 Imposition of Hospital Tax. Pursuant to Article XI, section 7, of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety and welfare of its citizens. This constitutional power long been held to encompass the power to license and tax local businesses for revenue purposes. A. In addition to any other taxes imposed by the City, the County of Los Angeles, any local special districts, the State of California, and the federal government, the City hereby levies an annual excise tax on each hospital engaging in business subject to this section in an amount equivalent to three percent (3%) of the Hospital’s Gross Receipts. B. Except as otherwise provided under this section, every for-profit hospital engaging in business within the City shall pay an annual gross receipts tax measured by the hospital’s gross receipts from all taxable business activities. C. This section is adopted pursuant to the authority granted by the laws of the State of California, including Section 17041.5 of the California Revenue and Taxation Code and Section 37100.5 of the California Government Code. D. The gross receipt tax is to be applied in the broadest manner consistent with the provisions and requirements of the California Constitution, the United States Constitution, and any other applicable provision of federal and state law. City Council Regular Meeting - Page 202 of 219 4 6-9.5 Effective date. The Hospital Tax shall be annually assessed based on Gross Receipts incurred beginning January 1 of the year that follows voter approval of the imposition of the tax. 6-9.7 Purpose and intent. This ordinance is adopted to achieve the following, among other purposes, and shall be interpreted in order to accomplish those purposes: A. To impose an excise tax on the privilege of operating a hospital on property within the City. This general tax shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. This revenue measure imposes a general tax on the gross receipts of any for-profit hospital in the City. Hospitals play a central role in caring for the health of City residents and have been profitable in doing so. The City provides support to healthcare facilities by providing municipal services such as street repairs, utility maintenance, clean water, public safety, and other infrastructure. City residents and businesses also support healthcare facilities financially, by paying bills or purchasing insurance, with individuals paying an increasing share of their bills through co-pays and deductibles. The City also supports health in other ways, such as through community development block grants, senior services such as transportation and meals, recreational services for children, and affordable housing. The revenue generated from the Hospital Tax will be used to support municipal interests such as economic growth and development, community services, and recreational opportunities, all of which promote a healthy city. 6-9.9 Definitions. For purposes of this section the following terms have the following meanings: A. “City” means the City of Lynwood, California. B. “Gross Receipts” means the Hospital’s annual net patient revenue as required to be reported to the California Office of Statewide Health Planning and Development pursuant to California Health and Safety Code section 128735, subdivision (b). C. “Hospital” means all hospitals as defined in California Health and Safety Code section 1250(a) that operate within the borders of the City, excluding any hospital owned by a nonprofit organization that is exempted from taxation by Chapter 4 of Part 11 of Division 2 of the California Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code, or any law that succeeds these provisions. D. “Hospital Tax” refers to the tax established pursuant to this Section. City Council Regular Meeting - Page 203 of 219 5 E. “Tax Administrator” means the Director of Finance of the City of Lynwood, the designee of the Director of Finance, or the County Assessor or County Tax Collector. F. “Engaging in Business” shall mean the conducting, operating, managing and carrying on of a business, whether done as an owner, or by means of an officer, agent, manager, or employee. A person shall be deemed engaged in business within the City if: 1. such person or his/her employee maintains a fixed place of business within the City for the benefit or partial benefit of such person, or 2. such person or his employee owns or leases real property within the City for business purposes, or 3. such person or his employee regularly conducts solicitation of business within the City. The foregoing specified activities shall not be a limitation on the meaning of “engaging in business.” 6-9.11 General Tax. The Hospital Tax is a general tax. Proceeds from the Hospital Tax shall be deposited into the City’s general fund and may be used for any and all municipal purposes. 6-9.13 Duty to Enforce. A. It shall be the duty of the Tax Administrator to enforce each and all of the provisions of this section, including but not limited to, collecting, receiving and directing all taxes imposed by this section, and to keep an accurate record thereof. B. The Tax Administrator is charged with enforcing this section, and may prescribe, adopt, develop, and enforce rules and regulations relating to the administration and enforcement of this Section 6-9. A copy of such rules and regulations shall be on file in the Tax Administrator’s office. 6-9.15 Apportionment. A. When, by reason of the provisions of the Constitution of the United States or the Constitution of California, this chapter cannot be enforced without there being an apportionment of the Hospital’s Gross Receipts according to the amount of business activity within the City or within the State of California, the Tax Administrator shall determine the appropriate formula for apportionment and shall determine the amount of City Council Regular Meeting - Page 204 of 219 6 Goss Receipts to be apportioned pursuant thereto, based on information provided by the Hospital. B. It shall be the Hospital’s obligation to request apportionment and to provide all information necessary for the Tax Administrator to determine the appropriate formula for apportionment and determine the amount of Gross Receipts to be apportioned, no later than thirty (30) days prior to the delinquency date established by the Tax Administrator, and if the Hospital does not so request in writing, it shall be conclusively deemed to have waived any apportionment for that year. C. If a Hospital believes that the amount of tax owed according to the Tax Administrator’s apportionment formula is greater than the facts justify, the Hospital may apply in writing to request a modification. The application shall be accompanied by a statement of facts supporting the requested reduction. The Tax Administrator shall determine whether the amount of tax owed will be reduced, increased, or allowed to stand, based on the evidence presented by the Hospital and any other evidence the Tax Administrator may request or otherwise obtain. SECTION 1. SEVERABILITY. If any section, subsection, paragraph, sentence clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 3. EFFECTIVE DATE. This Ordinance relates to the levying and collection of a City general tax and shall take effect immediately upon its approval of the voters of the City of Lynwood. SECTION 4. CITY CLERK CERTIFICATION. The City Clerk of the City of Lynwood shall certify as to the adoption of this Ordinance and shall cause the same to be posted in the manner required by law. INTRODUCED on this ______ day of August, 2020, and passed to print and approved by the following called vote: Members of the Council: AYES: NOES: City Council Regular Meeting - Page 205 of 219 7 APPROVED by the following vote of the People of the City of Lynwood on November ___, 2020: YES: NO: ADOPTED by Declaration of the vote at the November ____, 2020 election by the City Council of the City of Lynwood on ________________, 2020: Members of the Council: AYES: NOES: City Council Regular Meeting - Page 206 of 219 1 RESOLUTION NO._____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2020, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, a Municipal Election is to be held on November 3, 2020 in the City of Lynwood, for the purpose of submitting to the voters the question relating to the imposition of a general privilege tax on the gross receipts of for-profit hospitals operating within the City of Lynwood; and WHEREAS, it is desirable that the Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a Municipal Election with the Statewide General election on Tuesday, November 3, 2020. Section 2. That a measure is to appear on the ballot, which requires a majority vote, as follows: Section 3. That the County election department is authorized to canvass the returns of the Municipal Election. Pursuant to Elections Code 10418 the election shall be regulated and done in accordance with the provisions of law regulating the statewide or special election and held in all respects as if there were only one election, and only one form of ballot shall be used. Enactment of Hospital Tax to Protect Public Safety and Vital City Services To protect, maintain and enhance vital public safety services, infrastructure needs including streets, utility maintenance, park and recreation services including programs for youth and seniors, and other essential services, shall the City of Lynwood impose a three percent (3%) privilege tax on the gross receipts of for-profit hospitals operating within the City of Lynwood? All funds to be deposited in Lynwood general fund. To protect, maintain and enhance vital public safety services, infrastructure YES NO City Council Regular Meeting - Page 207 of 219 2 Section 4. That the Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election. Section 5. That the City of Lynwood recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. Section 7. Notice of the election is hereby given. Additionally, the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 8. The City Clerk shall certify to the passage and adoption of this City Council Resolution and enter it into the book of original Resolutions. Section 9. That this Resolution shall take effect immediately upon its adoption. Section 10. That the City Clerk shall certify to the passage and adoption of this City Council Resolution and enter it into the books of original resolutions. PASSED, APPROVED AND ADOPTED this _____ DAY OF AUGUST, 2020. ___________________________ Aide Castro, Mayor ATTEST: __________________________ Maria Quiṅonez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ _____________________________ Noel Tapia, City Attorney Jose E. Ometeotl, City Manager City Council Regular Meeting - Page 208 of 219 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND REBUTTALS REGARDING A CITY MEASURE FOR THE NOVEMBER 3, 2020 LYNWOOD MUNICIPAL ELECTION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Municipal Election is to be held in the City of Lynwood, California, on November 3, 2020, at which there will be submitted to the voters the following measure: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council authorizes the following member(s) of its body Mayor Aide Castro (Councilmember In Favor) Mayor Pro Jorge Casanova (Councilmember In Favor) Councilmember Salvador Alatorre (Councilmember In Favor) Councilmember Marisela Santana (Councilmember In Favor) Councilmember Jose Luis Solache (Councilmember In Favor) to file (a) written argument(s) not exceeding 300 words regarding the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. Section 2. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The Form of Statement to be Filed by Author(s) of Argument(s) shall accompany the argument(s), as required by Enactment of Hospital Tax to Protect Public Safety and Vital City Services To protect, maintain and enhance vital public safety services, infrastructure needs including streets, utility maintenance, park and recreation services including programs for youth and seniors, and other essential services, shall the City of Lynwood impose a three percent (3%) privilege tax on the gross receipts of for-profit hospitals operating within the City of Lynwood? All funds to be deposited in Lynwood general fund. YES NO City Council Regular Meeting - Page 209 of 219 2 Section 9600 of the Elections Code of the State of California. Section 3. The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. Section 4. The deadline to submit arguments to the City Clerk for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be Monday, August 14, 2020, at 5:00 p.m. Each argument shall not exceed three hundred (300) words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. Section 5. Rebuttal Arguments. When the City Clerk has selected the primary arguments for and against each of the City Measures which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of each Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding two hundred fifty (250) words. The rebuttal arguments shall be filed with the City Clerk not later than Thursday, August 24, 2019 at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. Section 6. That this Resolution shall take effect immediately upon adoption. Section 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. Notice of the election is hereby given. Additionally, the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 9. The City Clerk shall certify to the passage and adoption of this City Council Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED THIS _____ DAY OF AUGUST, 2020. ___________________________ Aide Castro, Mayor City Council Regular Meeting - Page 210 of 219 3 ATTEST: __________________________ Maria Quiṅonez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ _____________________________ Noel Tapia, City Attorney Jose E. Ometeotl, City Manager City Council Regular Meeting - Page 211 of 219 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE IMPOSITION OF A GENERAL PRIVILEGE TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a Municipal Election shall be held on November 3, 2020; and WHEREAS, the City Council desires to submit to the voters at the election a question relating to the imposition of a general privilege tax on the gross receipts of for- profit hospitals (“Hospital Tax”) ballot initiative. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lynwood, California, on Tuesday, November 3, 2020, a Municipal Election for the purpose of considering the imposition of a general privilege tax on the gross receipts of for-profit hospitals in the City of Lynwood. Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Municipal Election the following question approval of which requires a majority vote: Section 3. That the proposed complete text of the Ordinance submitted to the voters is attached hereto as Attachment No. 1 and is approved by the City Council. Section 4. That the ballots to be used at the election shall be in form and content as required by law. Section 5 That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and Enactment of Hospital Tax to Protect Public Safety and Vital City Services To protect, maintain and enhance vital public safety services, infrastructure needs including streets, utility maintenance, park and recreation services including programs for youth and seniors, and other essential services, shall the City of Lynwood impose a three percent (3%) privilege tax on the gross receipts of for-profit hospitals operating within the City of Lynwood? All funds to be deposited in Lynwood general fund. YES NO City Council Regular Meeting - Page 212 of 219 2 all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. That the polls for the election shall be open at 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding of municipal elections. Section 8. That notice of the time and place of holding of election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 9. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. The City Treasurer is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the Measure on the election ballot. Section 10. This Resolution shall take effect immediately upon adoption. Section 11. That the City Clerk shall certify to the passage and adoption of this City Council Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED THIS ______ DAY OF AUGUST, 2020. . ___________________________ Aide Castro Mayor ATTEST: __________________________ Maria Quiṅonez City Clerk City Council Regular Meeting - Page 213 of 219 3 APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ _____________________________ Noel Tapia Jose Ometeotl City Attorney City Manager City Council Regular Meeting - Page 214 of 219 4 ATTACHMENT No. 1 PROPOSED ORDINANCE NO. ____ AN ORDINANCE OF THE PEOPLE OF THE CITY OF LYNWOOD, CALIFORNIA AUTHORIZING THE IMPOSITION OF A GENERAL PRIVILEGE TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD BE IT ORDAINED BY THE PEOPLE OF THE CITY OF LYNWOOD AS FOLLOWS: SECTION 1. Section 6-9 of Chapter 6 of the Lynwood Municipal Code, regarding a hospital privilege tax, is added to the Lynwood Municipal Code to read as follows: 6-9.1 Title. This Ordinance shall be known as the City of Lynwood Hospital Tax Ordinance. As used in this Section 6-9 the City shall mean the City of Lynwood, California. 6-9.3 Imposition of Hospital Tax. Pursuant to Article XI, section 7, of the California Constitution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety and welfare of its citizens. This constitutional power long been held to encompass the power to license and tax local businesses for revenue purposes. A. In addition to any other taxes imposed by the City, the County of Los Angeles, any local special districts, the State of California, and the federal government, the City hereby levies an annual excise tax on each hospital engaging in business subject to this section in an amount equivalent to three percent (3%) of the Hospital’s Gross Receipts. B. Except as otherwise provided under this section, every for-profit hospital engaging in business within the City shall pay an annual gross receipts tax measured by the hospital’s gross receipts from all taxable business activities. C. This section is adopted pursuant to the authority granted by the laws of the State of California, including Section 17041.5 of the California Revenue and Taxation Code and Section 37100.5 of the California Government Code. D. The gross receipt tax is to be applied in the broadest manner consistent with the provisions and requirements of the California Constitution, the United States Constitution, and any other applicable provision of federal and state law. 6-9.5 Effective date. The Hospital Tax shall be annually assessed based on Gross Receipts incurred beginning January 1 of the year that follows voter approval of the imposition of the tax. City Council Regular Meeting - Page 215 of 219 5 6-9.7 Purpose and intent. This ordinance is adopted to achieve the following, among other purposes, and shall be interpreted in order to accomplish those purposes: A. To impose an excise tax on the privilege of operating a hospital on property within the City. This general tax shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. This revenue measure imposes a general tax on the gross receipts of any for-profit hospital in the City. Hospitals play a central role in caring for the health of City residents and have been profitable in doing so. The City provides support to healthcare facilities by providing municipal services such as street repairs, utility maintenance, clean water, public safety, and other infrastructure. City residents and businesses also support healthcare facilities financially, by paying bills or purchasing insurance, with individuals paying an increasing share of their bills through co-pays and deductibles. The City also supports health in other ways, such as through community development block grants, senior services such as transportation and meals, recreational services for children, and affordable housing. The revenue generated from the Hospital Tax will be used to support municipal interests such as economic growth and development, community services, and recreational opportunities, all of which promote a healthy city. 6-9.9 Definitions. For purposes of this section the following terms have the following meanings: A. “City” means the City of Lynwood, California. B. “Gross Receipts” means the Hospital’s annual net patient revenue as required to be reported to the California Office of Statewide Health Planning and Development pursuant to California Health and Safety Code section 128735, subdivision (b). C. “Hospital” means all hospitals as defined in California Health and Safety Code section 1250(a) that operate within the borders of the City, excluding any hospital owned by a nonprofit organization that is exempted from taxation by Chapter 4 of Part 11 of Division 2 of the California Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code, or any law that succeeds these provisions. D. “Hospital Tax” refers to the tax established pursuant to this Section. E. “Tax Administrator” means the Director of Finance of the City of Lynwood, the designee of the Director of Finance, or the County Assessor or County Tax Collector. F. “Engaging in Business” shall mean the conducting, operating, managing and carrying on of a business, whether done as an owner, or by means of an officer, agent, manager, or employee. A person shall be deemed engaged in business within the City if: City Council Regular Meeting - Page 216 of 219 6 1. such person or his/her employee maintains a fixed place of business within the City for the benefit or partial benefit of such person, or 2. such person or his/her employee owns or leases real property within the City for business purposes, or 3. such person or his/her employee regularly conducts solicitation of business within the City. The foregoing specified activities shall not be a limitation on the meaning of “engaging in business.” 6-9.11 General Tax. The Hospital Tax is a general tax. Proceeds from the Hospital Tax shall be deposited into the City’s general fund and may be used for any and all municipal purposes. 6-9.13 Duty to Enforce. A. It shall be the duty of the Tax Administrator to enforce each and all of the provisions of this section, including but not limited to, collecting, receiving and directing all taxes imposed by this section, and to keep an accurate record thereof. B. The Tax Administrator is charged with enforcing this section, and may prescribe, adopt, develop, and enforce rules and regulations relating to the administration and enforcement of this Section 6-9. A copy of such rules and regulations shall be on file in the Tax Administrator’s office. 6-9.15 Apportionment. A. When, by reason of the provisions of the Constitution of the United States or the Constitution of California, this chapter cannot be enforced without there being an apportionment of the Hospital’s Gross Receipts according to the amount of business activity within the City or within the State of California, the Tax Administrator shall determine the appropriate formula for apportionment and shall determine the amount of Goss Receipts to be apportioned pursuant thereto, based on information provided by the Hospital. B. It shall be the Hospital’s obligation to request apportionment and to provide all information necessary for the Tax Administrator to determine the appropriate formula for apportionment and determine the amount of Gross Receipts to be apportioned, no later than thirty (30) days prior to the delinquency date established by the Tax Administrator, and if the Hospital does not so request in writing, it shall be conclusively deemed to have waived any apportionment for that year. City Council Regular Meeting - Page 217 of 219 7 C. If a Hospital believes that the amount of tax owed according to the Tax Administrator’s apportionment formula is greater than the facts justify, the Hospital may apply in writing to request a modification. The application shall be accompanied by a statement of facts supporting the requested reduction. The Tax Administrator shall determine whether the amount of tax owed will be reduced, increased, or allowed to stand, based on the evidence presented by the Hospital and any other evidence the Tax Administrator may request or otherwise obtain. SECTION 1. SEVERABILITY. If any section, subsection, paragraph, sentence clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 3. EFFECTIVE DATE. This Ordinance relates to the levying and collection of a City general tax and shall take effect immediately upon its approval of the voters of the City of Lynwood. SECTION 4. CITY CLERK CERTIFICATION. The City Clerk of the City of Lynwood shall certify as to the adoption of this Ordinance and shall cause the same to be posted in the manner required by law. INTRODUCED on this ______ day of August, 2020, and passed to print and approved by the following called vote: Members of the Council: AYES: NOES: APPROVED by the following vote of the People of the City of Lynwood on November ___, 2020: YES: NO: City Council Regular Meeting - Page 218 of 219 8 ADOPTED by Declaration of the vote at the November ____, 2020 election by the City Council of the City of Lynwood on ________________, 2020: Members of the Council: AYES: NOES: City Council Regular Meeting - Page 219 of 219