HomeMy Public PortalAbout2021-03-16-Lynwood-Agenda-RegularThis 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
March 16, 2021
Web conference via ZOOM - To participate please join via Zoom or by telephone:
1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238.
If interpretation services are needed, please dial (310) 372-7549; conference code
673120. Duly Posted on 3/12/21 by MQ
6:00 PM
1.CALL TO ORDER
2.CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3.ROLL CALL OF COUNCIL MEMBERS
Marisela Santana, Mayor
Jorge Casanova, Mayor Pro Tem
Oscar Flores, Council Member
Jose Luis Solache, Council Member
Rita Soto, Council Member
4.PLEDGE OF ALLEGIANCE
5.INVOCATION
6.PRESENTATIONS/PROCLAMATIONS
Sheriff Captain Figueroa- Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
Proclamation(s)
Urban Tree Canopy Project
City Council Regular Meeting - Page 1 of 268
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).)
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.
7.APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated March 16, 2021 for FY 2020-2021. (FIN)
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant
register dated March 16, 2021 for FY 2020-2021.
8.HOUSING ELEMENT 2020 ANNUAL PROGRESS REPORT
Comments:
The City Council will consider the submittal of the 2020 Housing Element Annual Progress
Report to the California Department of Housing and Community Development and the State
Office of Planning and Research. (CD)
Recommendation:
Staff recommends that City Council adopt the following resolution entitled: “A RESOLUTION
OF THE CITY COUNCIL OF THE OF THE CITY OF LYNWOOD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, ACCEPTING THE CITY OF LYNWOOD’S 2020
ANNUAL PROGRESS REPORT AND AUTHORIZING THE SUBMITTAL OF THE
REPORT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT AND THE STATE OFFICE OF PLANNING AND RESEARCH.”
9.APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
INFRASTRUCTURE ENGINEERS FOR THE UPDATE TO THE CITY OF
LYNWOOD’S 2021-2029 HOUSING ELEMENT AND RELATED ENVIRONMENTAL
IMPACT REPORT
Comments:
The City Council will consider the award of a Professional Services Agreement with Infrastructure
Engineers, in the amount of $114,093, for the preparation of the City's 2021-2029 Housing
Element and related Environmental Impact Report. The City's current Housing Element, which
covers the planning period of 2013-2021, was adopted on August 6, 2013, by the City Council
and certified by the California Department of Housing and Community Development (HCD) on
October 11, 2013. Per State law, the City is required to update its Housing Element every eight
(8) years. HCD has established October 15, 2021, as the deadline for certification of the next
planning period (2021-2029) for cities located within Los Angeles County. The Housing Element
City Council Regular Meeting - Page 2 of 268
shall demonstrate that the City has sufficient capacity to accommodate the number of housing
units identified in the Regional Housing Needs Assessment (RHNA). (CD)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT
WITH INFRASTRUCTURE ENGINEERS, IN THE NOT TO EXCEED AMOUNT OF
$114,093, FOR THE PREPARATION OF THE CITY’S 2021-2029 HOUSING ELEMENT
AND RELATED ENVIRONMENTAL IMPACT REPORT.”
10.USED OIL RECYCLING PROGRAM
Comments:
The California Oil Recycling Enhancement Act (Act) provides funding to assist local governments
in implementing used oil and filter collection programs in their jurisdiction. It is required that funds
be expended within a certain time. To ensure timely expenditure of funds, staff is recommending
appropriation of $5,343 from the Used Oil Recycling Fund (Fund 3621) to ensure timely
expenditure of the funds. The appropriated funds will go towards programs to promote used oil
recycling. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING THE APPROPRIATION OF $5,343 FROM THE
USED OIL RECYCLING GRANT FUND (FUND 3621).”
11.AMENDMENT TO THE SWA AGREEMENT FOR THE DESIGN OF A COMMUNITY
PARK AT FERWOOD AVENUE BETWEEN BETWEEN BEECHWOOD AVENUE AND
STATE STREET
Comments:
The City received a grant from the San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy (RMC) for the Lynwood Park Infiltration Restoration and Water Quality Improvement
Project. The City Council approved a Professional Services Agreement with SWA for the design
this project. On July 22, 2019, the Board of the RMC approved to change the project site location
from the parking lot at Lynwood City Park to a City owned lot at Fernwood Avenue and State
Street to develop a park. The Agreement with SWA is set to expire on March 31, 2021. A
contract extension is needed to complete the plans and specifications as well as additional
funding. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO THE AGREEMENT WITH
SWA FOR THE DESIGN OF A COMMUNITY PARK AT FERNWOOD AVENUE AND
STATE STREET, AND TO APPROPRIATE ADDITIONAL FUNDS IN THE AMOUNT OF
$12,000 FROM THE UNAPPROPRIATED LEASE REVENUE BOND (FUND 9053) TO
THE RMC GRANT PROJECT (CIP NO. 4011.68.037)."
12.APPROVAL OF PROJECTS TO INCLUDE IN THE FISCAL YEAR 2021-22 ANNUAL
PLAN FOR THE SAFE, CLEAN WATER PROGRAM
Comments:
On November 6, 2018, the Safe, Clean Water Program (Measure W) 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
City Council Regular Meeting - Page 3 of 268
Angeles County. To receive the Safe, Clean Water Program funds, the City is required to submit
an Annual Plan 90 days prior the start of the fiscal year for which the plan is prepared. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING THE PROJECTS FOR THE FISCAL YEAR 2021-
22 ANNUAL PLAN FOR THE SAFE, CLEAN WATER PROGRAM.”
13.AMENDMENT TO THE WILLDAN ENGINEERING AGREEMENT FOR THE URBAN
BICYCLE TRAIL (CIP NO. 4011.68.046)
Comments:
On July 3, 2018, the City Council awarded a contract to Willdan Engineering for the design of the
Urban Bicycle Trail (Project). The Project is awaiting final approval from Caltrans to proceed
with the construction. As a result, the City Council will consider extending the term of the
Agreement with Willdan Engineering and expanded the services of the agreement at
an additional cost. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, APPROVING THE AMENDMENT TO AN AGREEMENT WITH
WILLDAN ENGINEERING TO EXTEND THE TERM OF THE AGREEMENT AND TO
PROVIDE ADDITIONAL COMPENSATION RELATING TO ADDITIONAL SERVICES
REQUIRED BY CALTRANS IN THE AMOUNT OF $20,980; PROVIDING THE CITY
MANAGER AUTHORITY TO APPROVE ADDITIONAL SERVICES FOR UP TO 25
PERCENT (25%) OF THE APPROVED AMENDMENT PRICE; AND APPROVING AN
ADDITIONAL APPROPRIATION OF $20,980 FROM THE UNAPPROPRIATED
PROPOSITION C FUND.”
NEW/OLD BUSINESS
14.JOINT PUBLIC MEETING OF LYNWOOD CITY COUNCIL AND LYNWOOD
HOUSING AUTHORITY FOR APPROVAL OF THE REFINANCING AND
SUBORDINATION OF THE PERMANENT DEBT FINANCING OF THE PARK PLACE
APARTMENT
Comments:
On March 16, 2010, the Lynwood Redevelopment Agency (Agency) approved a Disposition and
Development Agreement ("DDA") with AMCAL Park Place Fund, LP ("AMCAL") for the
disposition of approximately 4.26 acres of land owned by the Agency at the northeast corner of
Atlantic Avenue and Carlin Avenue (commonly referred to as 12139–12225 Atlantic Avenue and
4317–4332 Carlin Avenue). The disposition of the property allowed for AMCAL to develop a
ninety-nine (99) unit affordable housing project with ninety-eight (98) apartments to be restricted to
rent to very low- and low-income households for a period of 55 years.
AMCAL is now requesting authorization by the City and the Lynwood Housing Authority
(“Authority”) (as successor to the Agency) to amend existing agreements with the Agency to bring
the agreements into compliance with U.S. Department of Housing and Urban Development
(“HUD”) requirements. AMCAL is also requesting Authority subordinate the existing Agency
Note to the new HUD lender’s interests as it did in with the existing HUD lender. The refinancing
would be a “no cash out” permanent debt refinance, and the Lynwood Housing Authority’s position
on title would remain the same. (CD)
Recommendation:
City Council Regular Meeting - Page 4 of 268
Staff recommends that the Mayor and City Council for the City of Lynwood and Chair and Board
Members of the Lynwood Housing Authority approve the following documents on behalf of the
developer to allow for the refinancing of the permanent debt to obtain a lower interest rate on Park
Place Apartments, located at 12225 Atlantic Avenue.
First Amendment to Agency Note
Second Amendment to Amended and Restated Disposition and Development Agreement
Second Amendment to Regulatory Agreement and Declaration of Covenants and
Restrictions
Second Amendment to HOME Regulatory Agreement
and Declaration of Covenants And Restrictions
Subordination Agreement
15.FISCAL YEAR (FY) 2020-21 MID-YEAR FINANCIAL REVIEW
Comments:
On July 2, 2019, the City Council adopted the Fiscal Year (FY) 2019-20 budget and approved the
FY 2020-21 budget. The Biennial FY 2019-21 budgets are the City’s financial operating plans
that establishes the City’s goals, budget priorities, and desired service levels for the two fiscal
years, as well as identifies the fiscal resources necessary to achieve them. The adopted budgets
were based on certain assumptions and meeting expenditure and revenue projections. The Mid-
Year Financial Review is presented to Council to provide an updated financial forecast for the
current year.
The FY 2020-21 Mid-Year Financial Review reports on the City’s fiscal performance through mid-
year (July through December), comparing all revenues and expenditures incurred during the first
two quarters of FY 2020-21 to the same period in FY 2019-20. The Mid-Year Financial Review
also provides an updated FY 2020-21 Financial Forecast, as well as presents mid-year budget
adjustments for Council’s consideration to amend the FY 2020-21 Budget.
As customary, the Mid-Year Financial Review primarily focuses on the General Fund since this is
the fund that supports traditional municipal services the City provides for residents, such as law
enforcement, fire protection, public works services, parks, and recreation. (FIN)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, RECEIVING AND FILING THE FISCAL YEAR (FY) 2020-21
MID-YEAR FINANCIAL REVIEW, AND APPROVING THE FY 2020-21 MID-YEAR
BUDGET ADJUSTMENTS TO AMEND THE FY 2020-21 ADOPTED BUDGET HERETO
ATTACHED AS SCHEDULE A”.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
16.COUNCIL RECESS TO:
Lynwood Housing Authority
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON APRIL 6, 2021 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 5 of 268
Agenda Item # 7.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: John Downs, Director of Finance & Administration
Lilly Hampton, Senior Accounting Technician
SUBJECT: APPROVAL OF THE WARRANT REGISTER
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated
March 16, 2021 for FY 2020-2021.
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
FY 2020-2021
Coordinated With:
City Manager's Office
City Attorney
ATTACHMENTS:
Description
WARRANT RUN 3 16 2021
City Council Regular Meeting - Page 6 of 268
apCkHist
03/10/2021 11:48AM
Bank code: apbank
Void Check# Date Vendor
200868 02/02/2021 013138 PHH MORTGAGE
1 checks in this report
Void-Check Listing
City of Lynwood
Status ClearNoid Date Reason-Void/Reissue Inv. Date Amount Paid
03/03/2021 WRONG INV# 201128 01/04/2021 7,936.86
apbank Total:
Total Checks:
Page: 1
Check Total
7,936.86
7,936.86
7,936.86
Page: 1
City Council Regular Meeting - Page 7 of 268
vchlist
03/10/2021
Bank code:
Voucher
1005034
1005035
1005036
1005037
8:19:25AM
Electronic Financial Transaction List
City of Lynwood
apbank
Date Vendor Invoice PO#
2/10/2021 000372 FIRE DEPARTMENT, LOS ANGELES C0009654
01-001546
2/9/2021 000053 CALPERS 000053-123120-1
2/17/2021 010069 NATIONWIDE RETIREMENT SOLUTION 010069-012321
2/17/2021 004493 LIMON, ANNA 004493-020121
Page: 2
Description/Account Amount
FIRE PROTECTION SERVICES
1011.40.245.62015 635,259.95
Total : 635,259.95
EMPLOYER
4011 .68.059.61004 20.83
4011 .68.061 .61004 20.83
4011 .68.062.61004 20 .83
4011 .68 .087 .61004 83.34
1011.60.701.61004 625.00
1011 .65.290.61004 416.67
1052.65.290.61004 125.00
6051 .65.290.61004 208.33
6401 .65.290.61004 83.33
1011.10.101.61004 500.00
1011.45.405.61004 62.51
2101.45.410.61004 4.17
2352.45.475.61004 16.67
4011 .67.911.61004 20.84
4011 .68.012.61004 20.84
4011.68.025.61004 20.83
4011 .68.035.61004 20.83
4011 .68.036.61004 20.83
4011 .68.046.61004 20.83
4011 .68.052.61004 20.83
4011.68.053.61004 20.83
4011 .68.058.61004 20.83
Total : 2,375.00
DEDUCTION-457 PPE-1 /23/2021
1011.20142 6,160.00
1011.20.110.61004 500.00
Total : 6,660.00
SEVERANCE PAY COBRA
7151 .35.350.67410 11 ,629.38
--
Page: 2
City Council Regular Meeting - Page 8 of 268
vchlist
03/10/2021
Bank code:
Voucher
1005037
1005038
1005039
1005040
1005041
8:19:25AM
apbank
Date Vendor
2/17/2021 004493 LIMON, ANNA
2/18/2021 013121 AUL HEALTH BENEFIT TRUST C/O,
2/22/2021 003297 DEPARTMENT OF HUD
2/22/2021 003297 DEPARTMENT OF HUD
2/23/2021 000053 CALPERS
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
(Continued)
013121-033121
003297-2018
003297-2016
100000016317380
Page: 3
Description/Account Amount
1011 .20.110.65020 25.00
Total : 11,654.38
REIMB-RETIREE MEDICAL PREMIUM
7151 .35.355.64012 28,952.90
Total : 28,952.90
RETURN FUNDS FY 2018
2941 .51.32160 112,321.50
Total: 112,321.50
RETURN FUNDS FY 2016
2941 .51.32160 83,755.27
Total: 83,755.27
ANNUAL UNFUNDED ACCRUED
2011.10.101.61006 930.00
2011 .15.105.61006 1,718.00
2011 .20.110.61006 1,482.00
2011 .25.205.61006 7,690.00
2011.25.250.61006 1,223.00
2011 .30.270.61006 3,051 .00
2011 .30.275.61006 1,488.00
2011 .30.310.61006 947.00
2011 .30.315.61006 11,968.00
2011 .35.330.61006 4,325.00
2011 .35.335.61006 2,883.00
2011 .35.345.61006 1,442.00
2011.35.350.61006 1,900.00
2011 .35.360.61006 961.00
2011.40.215.61006 48,050.00
2011.45.401.61006 1,679.00
2011.45.405.61006 2,295.00
2011.45.410.61006 13,239.00
2011.45.415.61006 5,523.00
2011.45.420.61006 1,075.00
Page: 3
City Council Regular Meeting - Page 9 of 268
vchlist
03/10/2021
Bank code :
Voucher
1005041
1005042
1005043
8:19:25AM
Electronic Financial Transaction List
City of Lynwood
apbank
Date Vendor Invoice PO#
2/23/2021 000053 CALPERS (Continued)
2/23/2021 000053 CALPERS 100000016317389
2/25/2021 010069 NATIONWIDE RETIREMENT SOLUTION 010069-020621
Page: 4
Description/Account Amount
2011.45.425.61006 2,114.00
2011.45.430.61006 2,659.00
2011.45.435.61006 306.00
2011.45.440.61006 951 .00
2011.45.450.61006 17,022.00
2011.45.457 .61006 533.00
2011.45.460.61006 6,295.00
2011.45.610.61006 11,644.00
2011.45.614.61006 262.00
2011.45.615.61006 3,069.00
2011.45.620.61006 1,079.00
2011 .51 .285.61006 1,613.00
2011 .51.501.61006 5,112.00
2011 .51.505.61006 3,390.00
2011 .51 .510.61006 1,934.00
2011 .51.515.61006 9,588.00
2011.51.605.61006 9,059.00
2011 .51.865.61006 426.00
2011 .60. 701.61006 5,491.00
2011 .60.705.61006 3,444.00
2011 .60.710.61006 910.00
2011 .60.715.61006 1,564.00
2011.60.720.61006 2,156.00
2011.60.740.61006 4,201.00
2011 .60.745.61006 2,520.00
2011 .65.290.61006 6,516.00
2011 . 76.208.61006 2,469.00
Total: 220,196.00
UNFUNDED ACCRUED LIABILITY
2011.40.215.61006 61,824.23
Total: 61,824.23
EMPLOYEE DEDUCTION-457 PPE 2/6/2021
1011 .20142 5,985.00
Page: 4
City Council Regular Meeting - Page 10 of 268
vchlist
03/10/2021
Bank code :
Voucher
8:19:25AM
apbank
Date Vendor
Electronic Financial Transaction List
City of Lynwood
Invoice PO# -------
1005043
1005045
2/25/2021 010069 010069 NATIONWIDE RETIREMENT (Continued)
42050/C-030121
1005046
1005047
1005048
2/25/2021 010935 WESTERN ALLIANCE BANK
2/9/2021 013073 CALPERS INSURANCE
2/23/2021 000053 CALPERS
2/9/2021 000053 CALPERS
14 Vouchers for bank code :
14 Vouchers in this report
apbank
02-002410
100000016305358
100000016305360
000053-022321
000053-020921
Page: 5
Description/Account Amount
Total: 5,985.00
LEASE REV BOND 2017/2003 A REFUNDING
5011 .30.280.67601 111,889.55
Total: 111,889.55
MEDICAL PREMIUM-2/2021
1011 .20140 136,367.26
7151.35.355.64012 48,889.51
7151 .35.355.64399 517.16
MEDICAL PREMIUM-2/2021
1011.20140 669.84
7151 .35 .355.64012 648.96
7151 .35.355.64399 3.17
Total: 187,095.90
EMPLOYER CONTRIBUTION, CLASSIC, 119,PEPRA
1011 .20135 53,973.71
Total : 53,973.71
EMPLOYER CONTRIBUTION, CLASSIC, 119,PEPRA
1011 .20135 48,481.36
Total : 48,481.36
Bank total:
Total vouchers :
1,570,424.75
1,570,424.75
Page: 5
City Council Regular Meeting - Page 11 of 268
vchlist
03/03/2021 12:57:41 PM
Electronic Financial Transaction List
City of Lynwood
Bank code :
Voucher
1039
1042
1044
1047
1049
apbank
Date Vendor
2/11/2D21 D05794 INTERNAL REVENUE SERVICE
2/11/2021 001357 EMPLOYMENT DEVELOPMENT DEPT.
2/25/2021 D05794 INTERNAL REVENUE SERVICE
2/25/2021 0D1357 EMPLOYMENT DEVELOPMENT DEPT.
2/25/2D21 005794 INTERNAL REVENUE SERVICE
5 Vouchers for bank code :
5 Vouchers in this report
apbank
Invoice PO#
Ben135748
Ben135754
Ben136037
Ben136D43
Ben136D55
Page: 6
Description/Account Amount
SOCIAL SECURITY: PAYMENT
1011.20125 564.02
1D11.20116 31,430.20
1011.2D115 9,914.64
Total: 41,908.86
STATE WITHHOLDING TAXES:
1D11.20117 11,709.78
Total : 11,709.78
SOCIAL SECURITY: PAYMENT
1011 .2D125 555.52
1011.20116 23,926.18
1011.20115 8,856.86
Total: 33,338.56
STATE WITHHOLDING TAXES:
1011 .20117 10,143.13
Total : 10,143.13
SOCIAL SECURITY: PAYMENT
1D11 .20125 734.69
1D11 .20116 81 .04
1011 .20115 3D5.32
Total: 1,121.05
Bank total: 98,221.38
Total vouchers : 98,221.38
Page: 6
City Council Regular Meeting - Page 12 of 268
vchlist
03/03/2021 12:00:04PM
Bank code: apbank
Voucher Date Vendor
201119 3/3/2021 000163 SOUTHERN CALIFORNIA EDISON
201120 3/3/2021 013086 DIV LEVYING OFFICER, SHERIFF'S
Prepaid-Check List
City of Lynwood
Invoice
000163030121
Ben136029
PO# Description/Account
LIGHT & POWER SERVICES
2651.45.425.65001
2051.45.430.65001
2651.45.425.65001
2051.45.430.65001
2651.45.425.65001
2051.45.430.65001
1011 .60.740.65001
2051.45.430.65001
1011 .60.745.65001
1011 .60.710.65001
2701.45.610.65001
2051.45.430.65001
2651.45.425.65001
2051.45.430.65001
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
2051.45.430.65001
1011 .60.720.65001
2651.45.425.65001
2051.45.430.65001
2651.45.425.65001
1011.45.415.65001
2651.45.425.65001
LEVYING OFFICER: PAYMENT
1011 .20147
Page: 7
Amount
907.26
473.45
13.43
71 .91
293.25
412.70
1,475.75
849.05
2,129.75
543.32
44.56
294.27
51 .35
68.66
29.11
425.22
1,242.60
134.12
2,167.12
917.13
778.22
724.45
59.45
1,025.81
49.61
86.43
277.22
104.83
46.21
Total : 15,696.24
150.00
Total : 150.00
Page: 7
City Council Regular Meeting - Page 13 of 268
vchlist Prepaid-Check List Page: 8
03/03/2021 12:00:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201121 3/3/2021 005282 FRANCHISE TAX BOARD Ben136031 FRANCHISE TAX BOARD: PAYMENT
1011.20147 113.06
Total: 113.06
201122 3/3/2021 013084 LE, JESSICA Ben136033 JESSICA HERRERA: PAYMENT
1011 .20147 293.00
Total: 293.00
201123 3/3/2021 013085 LEVYING OFFICER, LOS ANGELES Ben136035 LEVYING OFFICER: PAYMENT
1011.20147 205.06
Total: 205.06
201124 3/3/2021 007551 AFSCME DISTRICT COUNCIL 36 Ben135728 ASSOCIATION DUES: PAYMENT
1011.20146 1,537.20
Ben136017 ASSOCIATION DUES: PAYMENT
1011.20146 1,537.20
Total: 3,074.40
201125 3/3/2021 011927 AMERICAN FIDELITY ASSURANCE CO Ben135724 ACCIDENT PRETAX: PAYMENT
1011.20146 2,236.44
Ben136013 ACCIDENT PRETAX: PAYMENT
1011.20146 2,236.44
Total : 4,472.88
201126 3/3/2021 007552 CITY EMPLOYEES ASSOCIATES Ben135736 MGMT. ASSOCIATION DUES:
1011.20146 212.50
Ben136025 MGMT. ASSOCIATION DUES:
1011.20146 200.00
Total: 412.50
201127 3/3/2021 010048 LEGAL SHIELD Ben135738 LEGAL SHIELD: PAYMENT
1011.20146 62 .32
Ben136027 LEGAL SHIELD: PAYMENT
1011.20146 49.84
Total: 112.16
201128 3/3/2021 013138 PHH MORTGAGE CORPORATION 013138-010421 EMERGENCY HOUSING ASSISTANCE PROGRAM
11-001738 2941.51.306.67 473 7,936.86
--
Page: 8
City Council Regular Meeting - Page 14 of 268
vchlist
03/03/2021 12:00:04PM
Bank code: apbank
Voucher Date Vendor
Prepaid-Check List
City of Lynwood
Invoice
201128 3/3/2021 013138 013138 PHH MORTGAGE CORPORATION (Continued)
10 Vouchers for bank code :
10 Vouchers in this report
apbank
PO# Description/Account -------
Total:
Bank total:
Total vouchers :
Page: 9
Amount
7,936.86
32,466.16
32,466.16
Page: 9
City Council Regular Meeting - Page 15 of 268
vchlist
03/09/2021 11 : 19 :09AM
Bank code:
Voucher
201129
201130
201131
apbank
Date Vendor
3/9/2021 013185 FULCRUM ARTS
3/9/2021 011963 WEX BANK
3/9/2021 013143 SCULLY, JOSEPH P.
3 Vouchers for bank code :
3 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
NO 002
70211556
013143-123120
PO# -
08-004602
06-008612
05-001859
Page: 10
Description/Account Amount
SPECIAL NEEDS VIRTUAL CELEBRATION EVENT
1052.60.701 .64020
Total:
FUEL CHARGES FOR CITY VEHICLES
7011.45.420.65010
FRANCISCO DEL RIO APPEAL
1011.35.330.64399
Total :
Total:
Bank total:
Total vouchers:
2,950.00
2,950.00
7,587 .84
7,587.84
3,650.00
3,650.00
14,187.84
14,187.84
Page: 10
City Council Regular Meeting - Page 16 of 268
vchlist
03/10/2021 11 :45:35AM
Bank code: apbank
Voucher Date Vendor
201222 3/10/2021 000163 SOUTHERN CALIFORNIA EDISON
201223 3/10/2021 001302 U.S. BANK
Prepaid-Check List
City of Lynwood
Invoice
000163030821
001302-021221
PO# -------Description/Account
LIGHT & POWER SERVICES
2651.45.425.65001
2051.45.430.65001
2701.45.610.65001
2051.45.430.65001
6051.45.450.65001
2701.45.610.65001
6051.45.450.65001
2051.45.430.65001
2701.45.610.65001
2651.45 .425.65001
6051.45.450.65001
1011.45.415.65001
2651.45.425.65001
BANKCARD CHARGES
1011.65.290.64399
1011.10.101 .67950
1011.65.290.64399
1011 .25.205.67950
1011.65.290.64399
1011.25.250.65020
1011.65.290.64399
1011.45.405.64399
1011 .65.290.64399
Page: 11
Amount
40,486.13
74.70
28.30
95.66
13.71
13.71
2,354.66
18.20
189.28
132.11
737.91
690.26
59.43
Total: 44,894.06
50.00
199.00
63.72
16.34
79.99
79.99
325.09
163.39
54.50
Total: 1,032.02
Page: 11
City Council Regular Meeting - Page 17 of 268
vchlist
03/10/2021
Bank code :
Voucher
201224
201225
201226
201227
11:45:35AM
apbank
Date Vendor
3/10/2021 001224 STANDARD INSURANCE COMPANY
3/10/2021 001224 STANDARD INSURANCE COMPANY
3/10/2021 011192 INSURANCE CO., FIDELITY SECURITY
3/10/2021 011192 INSURANCE CO., FIDELITY SECURITY
6 Vouchers for bank code :
6 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
001224-033121
Ben135726
Ben136015
Ben136047
164706235
Ben135732
Ben136021
Ben136051
PO# --
Page: 12
Description/Account Amount
LIFE INSURANCE PREMIUM 3/2021
7151 .35.355.64012 718.77
Total : 718.77
AD&D STANDARD LIFE INSURANCE:
1011.20138 689.52
AD&D STANDARD LIFE INSURANCE:
1011 .20138 676.26
AD&D STANDARD LIFE INSURANCE:
1011.20138 59 .38
Total: 1,425.16
VISION PREMIUM 3/2021
7151 .26105 47.64
7151 .35.355.64012 1,059.99
Total : 1,107.63
VISION: PAYMENT
1011 .20139 626.98
VISION: PAYMENT
1011.20139 611.66
VISION: PAYMENT
1011 .20139 35.73
Total: 1,274.37
Bank total: 50,452.01
Total vouchers : 50,452.01
Page: 12
City Council Regular Meeting - Page 18 of 268
vchlist Check List Page: 13
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount -
201132 3/16/2021 005711 ACE COMMERCIAL, INC. 143240 PRINTING OF THE LNP-JANUARY ISSUE
01-001595 1011 .25.250.62015 4,944.00
Total: 4,944.00
201133 3/16/2021 000743 ADMINISTRATIVE SVCS. CO-OP 10773 TRANSPORTATION SERVICES
08-004539 2401.60.725.62015 5,185.90
Total: 5,185.90
201134 3/16/2021 013200 ALVARADO ANGELICA 377130052 REFUND-PARKING CITATION TICKET
1011 .51 .34150 64.00
Total: 64.00
201135 3/16/2021 010746 ALVAREZ-GLASMAN & COLVIN 2020-12-19691 LEGAL SERVICES
02-002421 1011 .30.265.62008 418.00
2020-12-19691-1 LEGAL SERVICES
02-002421 1011.30.265.62003 7,326.00
2020-12-19691-2 LEGAL SERVICES
02-002421 1011.30.265.62002 1,955.50
2020-12-19692 LEGAL SERVICES -CANNABIS
01-001570 1011.25.205.62001 1,342.00
2020-12-19693 LEGAL SERVICES
02-002421 1011.30.265.62008 675.00
Total : 11,716.50
201136 3/16/2021 002452 AMERICAN LANGUAGE SVCS. 62302 Translation Services
01-001565 1011.25.250.62015 319.80
Total: 319.80
201137 3/16/2021 003312 AMERICAN RENTALS 473813 SUPPLIES FOR SIDEWALK REPAIRS
06-008821 2051.45.410.65020 29.34
473862 SUPPLIES FOR SIDEWALK REPAIRS
06-008821 2051.45.410.65020 29.34
474522 SUPPLIES FOR SIDEWALK REPAIRS
06-008821 2051.45.410.65020 343.47
474522-A SUPPLIES AND EQUIPMENT
06-008625 2051.45.410.63030 38.65
Page: 13
City Council Regular Meeting - Page 19 of 268
vchlist Check List Page: 14
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201137 3/16/2021 003312 003312 AMERICAN RENTALS (Continued) Total: 440.80
201138 3/16/2021 013202 ANDREA J LOPEZ F08LOA891 REIMB-LIVE SCAN
1011.35.335.64399 57.00
Total: 57.00
201139 3/16/2021 006399 AT&T 000016006268 TELEPHONE SERVICE
6051.45.450.64501 24.55
000016013077 TELEPHONE SERVICE
6051.45.450.64501 90.64
000016013079 TELEPHONE SERVICE
6051.45.450.64501 23.92
000016013080 TELEPHONE SERVICE
6051.45.450.64501 198.74
000016013082 TELEPHONE SERVICE
6051.45.450.64501 66.76
000016013086 TELEPHONE SERVICE
6051.45.450.64501 90.64
000016013196 TELEPHONE SERVICE
6051.45.450.64501 46.15
000016013197 TELEPHONE SERVICE
1011 .65.290.64501 46.15
000016013267 TELEPHONE SERVICE
6051.45.450.64501 46.15
000016070920 TELEPHONE SERVICE
1011 .65 .290.64501 1,239.69
Total : 1,873.39
201140 3/16/2021 004285 AVANT GARDE, INC. 6399 LONG BEACH BLVD PHASE 1 LABOR
06-008343 4011.67 .993.62015 5,400.00
6399-A LABOR COMPLIANCE LONG BEACH
06-008888 4011 .67.993.62015 102.50
6736 ATP FUNDING ADMINISTRATION
06-008869 4011.68.036.62015 5,207.50
6737-rev CONSUL TING SERVICES FOR HAZARD
01-001598 1011 25.205.62015 637.50
6738 HSIP IMPERIAL AND ATLANTIC
Page: 14
City Council Regular Meeting - Page 20 of 268
vchlist
03/10/2021
Bank code :
Voucher
201140
201141
201142
201143
201144
8:37:52AM
apbank
Date Vendor
3/16/2021 004285 AVANT GARDE, INC.
3/16/2021 001110 BURKE, WILLIAMS & SORENSEN
3/16/2021 013105 CALIFORNIA STREET LIGHTING
3/16/2021 007782 CAMACHO, GABRIELA
3/16/2021 013199 CAMBRA LANE
Check List
City of Lynwood
Invoice
(Continued)
6739
6740
6743
6744
6747
264681
633
635
648
007782-033121
399127839
399127893
PO# -------
06-008241
06-008242
06-008429
06-008790
06-008836
06-008243
05-001831
06-008917
06-008918
06-008880
Page: 15
Description/Account Amount
4011 .68.073.62015 915.00
HSIP ALAMEDA AND MLK
4011 .68.074.62015 915.00
LABOR COMPLIANCE FOR WELL NO.8 EMERGENCY
4011 .67.901 .62015 760.00
FUNDING ADMINISTRATION FOR WRIGHT ROAD
4011 .67.911 .62015 234.75
LABOR COMPLIANCE ON LILITA
4011 .68.069.62015 1,300.00
HSIP ATLANTIC AND CARLIN
4011 .68.075.62015 915.00
Total : 16,387.25
LEGAL SERVICES
1011 .35.335.62001
Total :
INSTALL 1-C1 CONCRETE POLE
2651.45.425.63025
INSTALL 1 30' GALVANIZE POLE
2651.45.425.63025
PUSH BUTTON DEVICE AND POLE
2051.45.430.63025
Total :
ELECTRONIC/MEDIA-AUTO EXPENSES 3/2021
1011.20.110.60030
1011 .20.110.60025
Total:
REFUND-PARKING CITATION TICKET
1011.51.34105
REFUND-PARKING CITATION TICKET
1011.51 .34105
Total:
2,878.50
2,878.50
2,400.00
1,800.00
2,750.00
6,950.00
250.00
250.00
500.00
218.00
222.00
440.00
Page: 15
City Council Regular Meeting - Page 21 of 268
vchlist Check List Page: 16
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201145 3/16/2021 001195 CDW GOVERNMENT LWXF123 SURFACE LAPTOP 317 256GB 16GB
01-001599 1011 .25.205.66035 1,496.23
LX1X349 HEADSET EQUIPMENT
11-001756 1011 .51 .515.66015 277.98
Total: 1,774.21
201146 3/16/2021 000702 CINTAS DOCUMENT MANAGEMENT 8405037241 ZOLL PLUS AUTO AGREEMENT
05-001837 7151 .35.350.62015 958.07
Total: 958.07
201147 3/16/2021 004168 CINTAS FIRE PROTECTION 0F19141061 ALARM MONITORING SERVICE
06-008939 1011.45.415.64399 50.00
Total: 50.00
201148 3/16/2021 013186 CISNEROS, BRENDA 013186-030221 ESSENTIAL GOODS REIMBURSEMENT PROGRAM
11-001763 2941 .51.306.67474 300.00
Total: 300.00
201149 3/16/2021 013188 CISNEROS, GRACIELA 013188-030221 BURIAL ASSISTANCE PROGRAM REIMBURSEMENT
11-001762 2941 .51 .306.67478 2,125.00
Total: 2,125.00
201150 3/16/2021 001571 CLINICAL LAB OF SAN BERNARDINO 979267 WATER SAMPLES TESTING SVCS.
06-008729 6051.45.450.64399 1,647.50
Total: 1,647.50
201151 3/16/2021 006775 CMTA 300002503 MEMBERSHIP DUES
1011.20.110.65040 95.00
Total: 95.00
201152 3/16/2021 012021 CONCENTRA MEDICAL CENTERS 70385306 OMV RENEWALS & FITNESS FOR DUTY
05-001833 1011.35.335.62015 71 .50
Total: 71.50
201153 3/16/2021 010854 CONSTRUCTION, 316 ENGINEERING & 20-178-01 ABBOTT & WASHINGTON WATER MAIN BREAK
06-008949 6051.45.450.63025 16,616.07
Total: 16,616.07
Page: 16
City Council Regular Meeting - Page 22 of 268
vchlist Check List Page: 17
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Desc ri ption/Accou nt Amount
201154 3/16/2021 010754 COOL IMAGE WATER, DBA/ AMERICAN 1006 DRINKING WATER SERVICE
03-000403 1011 .15. 105.67950 35.94
1040 DRINKING WATER SERVICE
03-000403 1011 .15.105.67950 11.98
1062 DRINKING WATER SERVICE
03-000403 1011 .15.105.67950 17.97
1066 DRINKING WATER SERVICE
05-001818 1011.35.330.64399 5.99
Total: 71.88
201155 3/16/2021 007243 COUNTY OF LOS ANGELES 21020804511 TRAFFIC SIGNAL MAINTENANCE
06-008751 2051.45.430.62015 938.13
2102084510 TRAFFIC SIGNAL MAINTENANCE
06-008751 2051 .45.430.62015 212.22
Total: 1,150.35
201156 3/16/2021 010638 COURT OF CALIFORNIA, COUNTY OF LA 740A-013121 PARKING CITATIONS COUNTY SURCHARGE FEES
11-001630 1011 .51 .515.62015 17,399.14
Total: 17,399.14
201157 3/16/2021 002486 CSMFO 300006775 MEMBERSHIP DUES
1011 .20.110.65040 110.00
Total : 110.00
201158 3/16/2021 000138 DAILY JOURNAL CORPORATION B3406441 ADVERTISING
03-000402 1011.15.105.62025 230.00
B3406443 ADVERTISING
03-000402 1011.15.105.62025 195.00
Total : 425.00
201159 3/16/2021 002430 DELGADILLO, YOLANDA 2020 DEDUCTIBLE REIMBURSEMENT
1011.35.330.61035 137.45
Total: 137.45
201160 3/16/2021 001987 DISTRICT OF SOUTHERN CALIF., WATER 2020-06-T22-19 WATER QUALITY MONITORING
06-008752 6051 .45 .450.64399 4,136.00
2020-12-T22-19 WATER QUALITY MONITORING
Page: 17
City Council Regular Meeting - Page 23 of 268
vchlist Check List Page: 18
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201160 3/16/2021 001987 DISTRICT OF SOUTHERN CALIF., WATER (Continued)
06-008752 6051.45.450.64399 2,652.00
Total : 6,788.00
201161 3/16/2021 000028 EXCEL PAVING COMPANY 1 PAVING SERVICES
06-008960 4011 .68.090.62015 98,576.51
06-008960 4011 .20601 -4,928.83
Total: 93,647.68
201162 3/16/2021 003334 FED EX 7-275-25819 COURIER SERVICES
06-008636 7011.45.420.64399 10.58
Total : 10.58
201163 3/16/2021 000993 GRM INFORMATION MANAGEMENT 0423246-0423260 CITYWIDE OFFSITE RECORDS
01-001564 1011 .25.205.62015 689.98
Total: 689.98
201164 3/16/2021 002429 HAMPTON, LILLY 2020 DEDUCTIBLE REIMBURSEMENT
1011 .30.270.61035 40.00
Total: 40.00
201165 3/16/2021 002887 HARDING, SHEILA 2020 DEDUCTIBLE REIMBURSEMENT
1011 .20.110.61035 190.00
Total: 190.00
201166 3/16/2021 005769 HARRINGTON INDUSTRIAL PLASTIC 001X5168 REPAIRS/MAINTENANCE & PARTS
06-008732 6051.45.450.63025 323.25
001X5168-A REPAIRS/MAINTENANCE & PARTS
06-008891 6051.45.450.63025 966.68
Total: 1,289.93
201167 3/16/2021 003315 HOME DEPOT CREDIT SERVICE 1202254 MATERIALS & SUPPLIES
06-008642 1011.45.415.65020 201 .74
4970647 PAINT & SUPPLIES
06-008940 2051.45.410.65020 2,200.00
4970648 PAINT & SUPPLIES
06-008940 2051.45.410.65020 494.02
7202941 MATERIALS & SUPPLIES
Page: 18
City Council Regular Meeting - Page 24 of 268
vchlist Check List Page: 19
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201167 3/16/2021 003315 HOME DEPOT CREDIT SERVICE (Continued)
06-008642 2051.45.410.65020 35.24
7272310 MATERIALS & SUPPLIES
06-008642 1011.45.415.65020 285.58
Total : 3,216.58
201168 3/16/2021 001681 HUMAN SERVICES ASSOCIATION 013120217 SENIOR MEALS
08-004542 2941 .60.720.62060 3,198.75
Total : 3,198.75
201169 3/16/2021 000327 HUNTINGTON PK RUBBER STAMP CO. OE-92163 SELF-INKING STAMPS
01-001573 1011 .25.205.65020 40.42
Total : 40.42
201170 3/16/2021 000676 IDEAL LIGHTING SUPPLY, INC. 119314 ELECTRICAL SUPPLIES
06-008706 1011.45.415.65020 232.41
119343 ELECTRICAL SUPPLIES
06-008706 2051.45.430.65020 187.43
Total: 419.84
201171 3/16/2021 000635 IDR ENVIRONMENTAL SERVICES 68210 HAZARDOUS WASTE MATERIAL
06-008765 2051.45.410.64399 1,105.00
Total: 1,105.00
201172 3/16/2021 013203 JAIME FLORES B039FLJ489 REIMB-LIVE SCAN
1011 .35.335.64399 52.00
Total: 52.00
201173 3/16/2021 013189 JARDON & ACONA, OSCAR A & SONIA 013189-030221 ESSENTIAL GOODS REIMBURSEMENT PROGRAM
11-001764 2941 ,51.306.67474 300.00
Total: 300.00
201174 3/16/2021 008254 JCL TRAFFIC SERVICES 107776 STREET SIGNS AND SUPPLIES
06-008723 2051.45.410.65020 567.60
107776-A STREET SIGNS AND SUPPLIES
06-008892 2051.45.410.65020 3,432.16
107803 STREET SIGNS AND SUPPLIES
06-008892 2051.45.410.65020 167.84
Page: 19
City Council Regular Meeting - Page 25 of 268
vchlist
03/10/2021
Bank code:
Voucher
201174
201175
201176
201177
201178
201179
201180
201181
Check List
8:37:52AM City of Lynwood
apbank
Date Vendor Invoice
3/16/2021 008254 JCL TRAFFIC SERVICES (Continued)
107803-A
3/16/2021 001269 JOHN L. HUNTER &ASSOCIATES LYN1 MS412012
3/16/2021 011873 LEMIEUX O'NEILL, LLP, OLIVAREZ 13609
3/16/2021 013201 LOPEZ EFREN F018LOE888
3/16/2021 000135 LORENE REED B053REL587
3/16/2021 000139 LYNWOOD HARDWARE & SCREENS, INC C191101
C191511
C191848
C191935
C191937
3/16/2021 000111 MANAGED HEAL TH NETWORK PRM-060484
3/16/2021 005256 MONJARAS & WISMEYER GROUP.INC. 20003
PO# --------
06-008927
06-008893
01-001600
06-008623
06-008623
06-008623
06-008623
06-008623
05-001827
Page: 20
Description/Account Amount
TRAFFIC SIGNS
6051.45.450,65020
Total:
NPDES MS4 PERMIT ANNUAL REPORTING
1011.45.457 .62015
LEGAL SERVICES
1011.25.205.62001
REIMB-LIVE SCAN
1011.35.335.64399
REIMB-LIVE SCAN
1011.35.335.64399
Total:
Total:
Total :
Total:
26 .20
4,193.80
940.00
940.00
67.50
67.50
57.00
57.00
20.00
20.00
PARTS, MATERIALS AND OPERATING SUPPLIES
2051.45.410.65020 93.49
PARTS, MATERIALS AND OPERATING SUPPLIES
2051.45.410.65020 36.42
PARTS, MATERIALS AND OPERATING SUPPLIES
2051.45.410.65020 12.11
PARTS, MATERIALS AND OPERATING SUPPLIES
2051.45.410.65020 11.88
PARTS, MATERIALS AND OPERATING SUPPLIES
2051.45.410.65020 11.88
Total : 165.78
EMPLOYEE ASSISTANCE PROGRAM
7151 .35.355.61040
Total:
365.75
365.75
EMPLOYEE ACCOMMODATION WORK RESTRICTIONS
Page: 20
City Council Regular Meeting - Page 26 of 268
vchlist Check List Page: 21
03/10/2021 8:37:52AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201181 3/16/2021 005256 MONJARAS & WISMEYER GROUP,INC. (Continued)
05-001821 1011 .35.335.62015 3,500.00
Total : 3,500.00
201182 3/16/2021 008782 MSJ ACCESS INC 91065746 LOCKSMITH SERVICES
06-008690 1011.45.415.63025 425.86
Total : 425.86
201183 3/16/2021 000475 NATIONWIDE ENVIRONMENTAL SVCS. 31368 CATCH BASIN CLEANING SERVICES
06-008955 6401.45.457 .62015 19,982.69
Total: 19,982.69
201184 3/16/2021 000078 OFFICE DEPOT, INC. 140055886001 OFFICE SUPPLIES
06-008707 1011.45.401.65015 58.73
06-008707 1011.45.405.65015 135.60
06-008707 2051.45.410.65015 20.30
149210037001 OFFICE SUPPLIES
03-000399 1011.15.105.65015 122.48
153506343001 OFFICE SUPPLIES
06-008707 1011.45.401 .65015 87.20
155329411001 OFFICE SUPPLIES
06-008707 6051.45.450.65015 105.20
156486862001 OFFICE SUPPLIES
06-008707 6051.45.450.65015 107.45
Total : 636.96
201185 3/16/2021 005855 PETTY CASH -CITY TREASURER 005855-081920 REPLENISH PETTY CASH BOX
1011.20.110.64015 25.00
Total : 25.00
201186 3/16/2021 008307 PHOENIX GROUP INFORMATION SYS 0120211204 PARKING/ADMIN CITATION PROCESSING SERVICE
11-001687 1011 .51 .515.62015 2,639.01
012021204 PARKING/ADMIN CITATION PROCESSING SERVICE
11-001687 1011 .51.515.62015 8,658.90
Total: 11,297.91
201187 3/16/2021 008664 PINS ADVANTAGE 1798 ON-LINE CERTIFICATE OF INSURANCE
Page: 21
City Council Regular Meeting - Page 27 of 268
vchlist
03/10/2021 8:37:52AM
Bank code: apbank
Voucher Date Vendor
201187 3/16/2021 008664 PINS ADVANTAGE
201188 3/16/2021 013190 PRESIADO, YVETTE
201189 3/16/2021 010206 QUALITY OFFSET PRINTING
201190 3/16/2021 001057 RAMIREZ, JUAN E.
201191 3/16/2021 005067 ROADLINE
201192 3/16/2021 013187 RODRIGUEZ, MARIA
201193 3/16/2021 008036 RUBIO'S TIRE SHOP
201194 3/16/2021 011923 SAFNA ENGINEERING & CONSUL TING
Check List
City of Lynwood
Invoice
(Continued)
013190-030221
26365
210128
16221
16282
013187-030221
1799
10206
10206-A
10211
10211-A
PO#
05-001822
11-001765
01-001553
03-000404
06-008905
06-008674
11-001766
06-008725
06-008797
06-008934
06-008934
06-008797
Page: 22
Description/Account Amount
7151 .35.350.62015 125.00
Total: 125.00
ESSENTIAL GOODS REIMBURSEMENT PROGRAM
2941 .51.306.67474 300.00
Total: 300.00
PRINTING SERVICES
1011.10.101.62025 1,761.71
Total: 1,761.71
TRANS LA TOR SERVICES
1011.15.105.62015 797 .50
Total: 797.50
LINE STRIPER SERVICES
2352.45.475.66015 15,190.25
SUPPLIES, PARTS & PAINT
2051.45.410.65020 334.61
Total: 15,524.86
ESSENTIAL GOODS REIMBURSEMENT PROGRAM
2941 .51.306.67474 300.00
Total: 300.00
FLEET REPAIRS & MAINTENANCE
7011.45.420.63025 101 .66
Total: 101.66
PRELIMINARY DESIGN OF MANGANESE WELLHEAD
6051.45.450.62015 14,850.00
TECHNICAL ASSISTANCE SUPPORT
4011.67.901.62015 307.50
4011.67 .894.62015 5,842.50
PRELIMINARY DESIGN OF MANGANESE WELLHEAD
6051.45.450.62015 16,500.00
TECHNICAL ASSISTANCE SUPPORT
Page: 22
City Council Regular Meeting - Page 28 of 268
vchlist
03/10/2021
Bank code:
Voucher
201194
201195
201196
201197
201198
201199
8:37:52AM
apbank
Date Vendor
3/16/2021 011923 SAFNA ENGINEERING & CONSUL TING
3/16/2021 008745 SAN FRANCISCO LAUNDRY
3/16/2021 006772 SEA CLEAR POOL, INC.
3/16/2021 007733 SEQUEL CONTRACTORS, INC.
3/16/2021 008956 SPCALA
Check List
City of Lynwood
Invoice -
(Continued)
10218
10218-A
10224
10224-A
10244
51240
21-0502
5-2
2021 -0228
3/16/2021 007558 SUBSTANCES CONTROL, DEPARTMENT 20SM2074
PO#
06-008934
06-008934
06-008797
06-008934
06-008934
06-008797
06-008934
06-008934
06-008738
08-004598
06-008708
06-008813
06-008813
11-001682
11-001767
Page: 23
Description/Account Amount
4011 .67 .901 .62015 382.50
4011 .67 .894.62015 7,267.50
PRELIMINARY DESIGN OF MANGANESE WELLHEAD
6051.45.450.62015 17,400.00
TECHNICAL ASSISTANCE SUPPORT
4011 .67 .901 .62015 435.00
4011 .67.894.62015 8,265.00
PRELIMINARY DESIGN OF MANGANESE WELLHEAD
6051.45.450.62015 8,850.00
TECHNICAL ASSISTANCE SUPPORT
4011 .67 .901 .62015 60.00
4011 .67.894.62015 1,140.00
BACKUP GENERATOR AT WELL 8
4011 .67 .901 .62015 1,200.00
Total : 82,500.00
LAUNDRY CLEANING SERVICES
1011.60. 7 40.64399 64.08
Total : 64.08
POOL MAINTENANCE
1011.45.415.63025
Total :
246.00
246.00
AGNES AVENUE STREET, WATER AND SEWER
4011.68.087.62015 468,651 .97
4011 .20601 -23,432.60
Total: 445,219.37
ANIMAL SHEL TERI NG SERVICES
1011 .51.445.62015
Total:
13,412.50
13,412.50
ENVIRONMENTAL OVERSIGHT MANAGEMENT
1011 .26104 6.08
6.08 Total:
Page: 23
City Council Regular Meeting - Page 29 of 268
vchlist Check List Page: 24
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201200 3/16/2021 011394 SULLY-MILLER CONTRACTING CO. 03-022021
06-008861 4011.68.088.62015 1,103,587.59
06-008861 4011 .20601 -55,179.38
Total : 1,048,408.21
201201 3/16/2021 007122 SUNSET PRINTER 40013 PRINTING SERVICES
01-001559 1011 .10.101 .62025 354.22
40525 PRINTING SERVICES
01-001559 1011 .10.101.62025 324.50
Total : 678.72
201202 3/16/2021 002938 TAJ OFFICE SUPPLY 0043174-001 OPERATING SUPPLIES
11-001761 1011 .51 .505.62025 33.06
0043196-001 OFFICE SUPPLIES
08-004599 1011 .60.720.65020 40.32
0043199-001 OPERATING SUPPLIES
06-008710 1011.45.401 .65020 268.04
06-008710 1011.45.405.65020 268.04
06-008710 1011.45.415.65020 268.04
06-008710 2051.45.410.65020 268.04
06-008710 6051.45.450.65020 268.04
Total : 1,413.58
201203 3/16/2021 008811 TARGET SPECIAL TY PRODUCTS I NVP500382088 ROUNDUP PRO CONCRETE
06-008726 2701.45.610.65020 1,607.29
06-008726 6051.45.450.65020 1,607.29
06-008726 2051.45.410.65020 1,607.29
Total : 4,821.87
201204 3/16/2021 011221 THE KILKENNY GROUP 41 COMMUNICATIONS CONSUL TING SERVICES
01-001585 1011.10.101 .62015 800.00
01-001585 1011.15.105.62015 800.00
01-001585 1011 .20.110.62015 800.00
01-001585 1011 .25.205.62015 400.00
01-001585 1011 .25.250.62015 400.00
01-001585 1011 .30.275.62015 800.00
01-001585 1011 .35.330.62015 800.00
Page: 24
City Council Regular Meeting - Page 30 of 268
vchlist Check List
03/10/2021 8:37:52AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice
201204 3/16/2021 011221 THE KILKENNY GROUP (Continued)
42
201205 3/16/2021 010066 TRI-WEST MECHANICAL, INC. TWM10956
TWM10959
TWM10967
TWM10968
TWM10969
201206 3/16/2021 000173 U.S. BANK TRUST 1722653
PO# -------
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
01-001585
06-008699
06-008699
06-008699
06-008699
06-008699
06-008699
Description/Account
1011.45.401.62015
6051.45.450.62015
1011 .51.501.62015
1011 .60. 701.62015
1011.65.290.62015
6051.65.290.62015
Page: 25
Amount
400.00
400.00
BOO.OD
800.00
400.00
400.00
COMMUNICATIONS CONSUL TING SERVICES
1011 .10.101.62015 800.00
1011 .15.105.62015 800.00
1011 .20.110.62015 BOO.DO
1011 .25.205.62015 400.00
1011 .25.250.62015 400.00
1011.35.330.62015 800.00
1011.45.401 .62015 400.00
6051.45.450.62015 400.00
1011 .51.501 .62015 BOO.OD
1011.60.701.62015 BOO.DO
1011.65.290.62015 400.00
6051 .65.290.62015 400.00
1011 .30.275.62015 800.00
Total: 16,000.00
HVAC MAINTENANCE/REPAIR
1011.45.415.63025 4,610.00
6051.45.450.63025 2,500.00
HVAC MAINTENANCE/REPAIR
1011.45.415.63025 410.00
HVAC MAINTENANCE/REPAIR
1011.45.415.63025 897.15
HVAC MAINTENANCE/REPAIR
1011.45.415.63025 2,481.00
HVAC MAINTENANCE/REPAIR
1011.45.415.63025 1,262.72
Total: 12,160.87
LPFA LEASE REV BOND SER 2019A
Page: 25
City Council Regular Meeting - Page 31 of 268
vchlist
03/10/2021
Bank code :
Voucher
201206
201207
201208
8:37:52AM
apbank
Date Vendor
3/16/2021 000173 U.S. BANK TRUST
3/16/2021 000166 UNDERGROUND SERVICE ALERT/SC
3/16/2021 009742 UNIFIRST CORPORATION
Check List
City of Lynwood
Invoice
(Continued)
1722654
220210417
dsb20200327
dsb20200955
3242509433
3242509434
3242509435
3242509436
3242509437
3242509438
3242512615
3242512616
3242512617
3242512618
3242512619
3242515794
PO#
02-002463
02-002462
06-008679
06-008679
06-008679
06-008680
06-008680
06-008680
06-008680
06-008680
06-008680
06-008680
06-008680
06-008680
06-008680
06-008680
Page: 26
Description/Account Amount
5011.30.280.67605 130,391.48
LPFA LEASE REV BOND SER 20198
5011.30.280.67605 207,950.00
Total: 338,341.48
UNDERGROUND SERVICE ALERT
6051.45.450.64399 198.10
UNDERGROUND SERVICE ALERT
6051.45.450.64399 85.93
UNDERGROUND SERVICE ALERT
6051.45.450.64399 85.93
Total: 369.96
UNIFORM SERVICE AND SUPPLIES
2051.45.430.60040 9.48
UNIFORM SERVICE AND SUPPLIES
6051.45.450.60040 57.28
UNIFORM SERVICE AND SUPPLIES
1011.45.415.60040 42.74
UNIFORM SERVICE AND SUPPLIES
2701.45.610.60040 61.04
UNIFORM SERVICE AND SUPPLIES
2051.45.410.60040 63.48
UNIFORM SERVICE AND SUPPLIES
1011.45.415.64399 65.52
UNIFORM SERVICE AND SUPPLIES
2051.45.430.60040 9.48
UNIFORM SERVICE AND SUPPLIES
6051.45.450.60040 57.28
UNIFORM SERVICE AND SUPPLIES
1011.45.415.60040 42.74
UNIFORM SERVICE AND SUPPLIES
2701.45.610.60040 61.04
UNIFORM SERVICE AND SUPPLIES
2051 .45.410.60040 63.48
UNIFORM SERVICE AND SUPPLIES
Page: 26
City Council Regular Meeting - Page 32 of 268
vchlist Check List Page: 27
03/10/2021 8:37:52AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201208 3/16/2021 009742 UNIFIRST CORPORATION (Continued)
06-008680 2051.45.430.60040 9.48
3242515795 UNIFORM SERVICE AND SUPPLIES
06-008680 6051.45.450.60040 57.28
3242515796 UNIFORM SERVICE AND SUPPLIES
06-008680 1011.45.415.60040 42.74
3242515797 UNIFORM SERVICE AND SUPPLIES
06-008680 2701.45.610.60040 61 .04
3242515798 UNIFORM SERVICE AND SUPPLIES
06-008680 2051.45.410.60040 63.48
Total: 767.58
201209 3/16/2021 013158 VCA ENGINEERS, INC 15725 STRUCTURAL ENGINEERING SERVICES
06-008957 4011 .68.037 .62015 1,160.00
Total: 1,160.00
201210 3/16/2021 005786 VELAZQUEZ, JOSE LA4WT2 REI MB-TRAFFIC CONTROL MANUAL/STU DOY GUI• BOOK
2051.45.430.64015 239.40
Total: 239.40
201211 3/16/2021 004013 WALTERS WHOLESALE ELECTRIC CO S117461828.001 ELECTRICAL SUPPLIES
06-008885 1011.45.415.65020 367.55
Total : 367.55
201212 3/16/2021 002912 WATERLINE TECHNOLOGIES,INC 5521435 OPERATING SUPPLIES
06-008617 6051.45.450.65020 514.48
5521436 OPERATING SUPPLIES
06-008617 6051.45.450.65020 160.25
5521801 OPERATING SUPPLIES
06-008617 6051.45.450.65020 514.48
5521802 OPERATING SUPPLIES
06-008617 6051.45.450.65020 199.05
Total: 1,388.26
201213 3/16/2021 000040 WAXIE SANITARY SUPPLY 79827205 JANITORIAL SUPPLIES
06-008682 1011.45.415.65020 1,222.57
79833370 JANITORIAL SUPPLIES
Page: 27
City Council Regular Meeting - Page 33 of 268
vchlist Check List Page: 28
03/10/2021 8:37:52AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
201213 3/16/2021 000040 WAXIE SANITARY SUPPLY (Continued)
06-008682 1011.45.415.65020 1,242.42
Total: 2,464.99
201214 3/16/2021 001522 WECK LABORATORIES, INC. W1 B 1057-colynwood ANALYZE WATER SAMPLES AND BACTERIA
06-008657 6051.45.450.64399 60.00
W1 B 1059-colynwood ANALYZE WATER SAMPLES AND BACTERIA
06-008657 6051.45.450.64399 160.00
Total: 220.00
201215 3/16/2021 001625 WEST COAST ARBORISTS INC. 1-6403 TREE & STUMP REMOVAL
06-008907 4011 .68.080.64399 700.00
Total : 700.00
201216 3/16/2021 000601 WESTERLY METER SERVICE CO. 16759 WATER METER TESTING
06-008789 6051.45.450.63025 35.00
16760 WATER METER TESTING
06-008789 6051.45.450.63025 18.74
Total : 53.74
201217 3/16/2021 000057 WILLDAN ENGINEERING 00223627 INSPECTION FOR WELL 8
06-008743 4011 .67 .901.62015 190.00
00333607 PW PERMIT TECHNICIAN
06-008842 1011.45.405.62015 2,993.53
06-008842 6051.45.450.62015 3,314.36
06-008842 4011.68.079.62015 1,657.18
06-008842 4011 .68.087 .62015 1,657.18
00333607-A PUBLIC WORKS TECHNICAL AIDE
06-008958 1011.45.405.62015 34.75
00333779 PUBLIC WORKS TECHNICAL AIDE
06-008958 4011 .68.088.62015 908.97
06-008958 4011 .67.901.62015 545.38
06-008958 4011.68.090.62015 727.18
06-008958 4011.68.062.62015 727.18
06-008958 6051.45.450.62015 1,181 .67
06-008958 4011 .68.086.62015 1,090.77
06-008958 4011.68.087 .62015 1,363.46
Page: 28
City Council Regular Meeting - Page 34 of 268
vchlist
03/10/2021 8:37:52AM
Bank code : apbank
Voucher
201217
201218
201219
Date Vendor
3/16/2021 000057 WILLDAN ENGINEERING
3/16/2021 007609 WILLDAN FINANCIAL SERVICES
3/16/2021 012137 XIO INC.
88 Vouchers for bank code :
88 Vouchers in this report
apbank
Check List
City of Lynwood
Invoice
(Continued)
00333960
00619936
00620367
010-45297
201211164
PO# -------
06-008958
06-008958
06-008958
06-008958
06-008958
06-008958
06-008958
06-008958
06-008958
06-008961
06-008961
06-008959
06-008959
06-008687
Description/Account
1011.45.405.62015
PUBLIC WORKS TECHNICAL AIDE
4011.68.088.62015
4011.67 .901.62015
4011 .68.090.62015
4011 .68.062.62015
6051.45.450.62015
4011.68.086.62015
4011 .68.087 .62015
1011.45.405.62015
ATP PROJECT SUPPORT
2051.45.430.62015
ATP PROJECT SUPPORT
2051.45.430.62015
LIGHTING/LANDSCAPE
2651.45.425.64399
2701.45.610.64399
Total:
Total :
Page: 29
Amount
3,885.39
915.00
549.00
733.00
732.00
1,189.00
1,098.00
1,372.54
3,911.46
1,511 .00
447.00
32,735.00
3,971 .39
3,971 .39
7,942.78
SCADA SYSTEM MONITORING AND NETWORK FEES
6051.45.450.64399
Total:
Bank total:
Total vouchers :
600.00
600.00
2,278,548.07
2,278,548.07
Page: 29
City Council Regular Meeting - Page 35 of 268
vchlist
03/10/2021
Bank code :
Voucher
201228
8:37:52AM
apbank
Date Vendor
3/16/2021 000173 U.S. BANK TRUST
1 Vouchers for bank code :
1 Vouchers in this report
apbank
Check List
City of Lynwood
Invoice PO# -------
1722799
Page: 30
Description/Account
LPFA LEASE REVENUE BOND SER 2020A
5011.30.280.67605
Total:
Bank total:
Total vouchers :
Amount
131,035.22
131,035.22
131,035.22
131,035.22
Page: 30
City Council Regular Meeting - Page 36 of 268
Agenda Item # 8.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: Michelle G. Ramirez, Acting City Manager
SUBJECT: HOUSING ELEMENT 2020 ANNUAL PROGRESS REPORT
Recommendation:
Staff recommends that City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ACCEPTING THE CITY OF LYNWOOD’S 2020 ANNUAL PROGRESS REPORT AND
AUTHORIZING THE SUBMITTAL OF THE REPORT TO THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT AND THE STATE OFFICE OF PLANNING AND
RESEARCH.”
Background:
California Government Code §65400(b) requires the filing of a Housing Element Annual Progress Report (APR)
by April 1st of each year, for the prior calendar year, with the State Department of Housing and Community
Development (“HCD”) and the State Office of Planning and Research. Prior to the submittal to these state
agencies, State law also requires that the annual report be presented at a public meeting before the City Council
where members of the public are given an opportunity to comment on the City’s progress. This agenda item
meets these statutory requirements.
Discussion and Analysis:
HCD requires all jurisdictions in the state to submit an APR on implementation of the Housing Element. The
Housing Element is the required element of the General Plan that establishes the City's goals and programs for
housing. All jurisdictions in California update their housing elements every eight years according to a state
established planning cycle. The current planning cycle is for 2013-2021. The City's 2013-2021 Housing Element
was adopted by the City Council on August 6, 2013 and certified by HCD on October 11, 2013.
The APR summarizes the low- to moderate-income residential building activity, Regional Housing Needs
Allocation (RHNA) progress, and progress of housing program implementation for the 2020 calendar year. The
annual report was prepared on forms provided by HCD, using definitions adopted by HCD.
City Council Regular Meeting - Page 37 of 268
Fiscal Impact:
There is no fiscal impact.
Coordinated With:
City Manager's Office
ATTACHMENTS:
Description
Attachment A - Resolution
Exhibit A - 2020 Annual Element Progress Report
City Council Regular Meeting - Page 38 of 268
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCEPTING
THE CITY OF LYNWOOD’S 2020 ANNUAL PROGRESS REPORT AND
AUTHORIZING THE SUBMITTAL OF THE REPORT TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT AND THE STATE OFFICE OF PLANNING AND
RESEARCH
WHEREAS, Government Code Section 65400(a)(2)(B) requires local planning
agencies to provide by April 1st of each year an annual progress report (APR) on the
status of the housing element of the general plan to the legislative body, the California
Office of Planning and Research (OPR), and the California Department of Housing and
Community Development (HCD); and
WHEREAS, Government Code Section 65400(a)(2)(B) requires the APR to
include the agency’s progress in meeting its share of regional housing needs determined
pursuant to Government Code Section 65584 and local efforts to remove governmental
constraints to the maintenance, improvement, and development of housing; and
WHEREAS, Government Code Section 65400(a)(2)(B)(ii) requires the APR be
considered at an annual public meeting before the legislative body where members of the
public are allowed to provide oral testimony and written comments; and
WHEREAS, on August 6, 2013, the City of Lynwood adopted its Housing Element
for the 2013-2021 period, which HCD subsequently certified as complying with State
requirements on October 11, 2013; and
WHEREAS, by submitting the Housing Element APR for calendar year 2020, the
City of Lynwood will be eligible and/or more competitive for certain funding opportunities
through the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby accepts the 2020 Housing
Element Annual Progress Report as provided, which is attached hereto as Exhibit A and
incorporated herein; and
Section 2. The City Council of the City of Lynwood hereby authorizes the Acting City
Manager to submit the 2020 Housing Element Annual Progress Report to OPR and HCD,
as required and attached as Exhibit A.
Section 3. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
(Signatures on Next Page)
City Council Regular Meeting - Page 39 of 268
PASSED, APPROVED and ADOPTED this 16th day of March 2021.
______________________________
Marisela Santana
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia Michelle G. Ramirez
City Attorney Acting City Manager
City Council Regular Meeting - Page 40 of 268
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 16th day of March 2021, 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 16th day of March 2021.
________________________
Maria Quinonez, City Clerk
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Agenda Item # 9.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: Michelle G. Ramirez, Acting City Manager
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
INFRASTRUCTURE ENGINEERS FOR THE UPDATE TO THE CITY OF
LYNWOOD’S 2021-2029 HOUSING ELEMENT AND RELATED ENVIRONMENTAL
IMPACT REPORT
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH INFRASTRUCTURE ENGINEERS, IN
THE NOT TO EXCEED AMOUNT OF $114,093, FOR THE PREPARATION OF THE CITY’S 2021-2029
HOUSING ELEMENT AND RELATED ENVIRONMENTAL IMPACT REPORT.”
Background:
The City's current Housing Element, which covers the planning period of 2013-2021, was adopted on August 6,
2013, by the City Council and certified by the California Department of Housing and Community Development
(HCD) on October 11, 2013. Per State law, the City is required to update its Housing Element every eight
(8) years. HCD has established October 15, 2021, as the deadline for certification of the next planning
period (2021-2029) for cities located within Los Angeles County. The Housing Element shall demonstrate that the
City has sufficient capacity to accommodate the number of housing units identified in the Regional Housing
Needs Allocation (RHNA).
Discussion and Analysis:
The California Department of Housing and Community Development (HCD) has determined that the regional
housing need for jurisdictions in the SCAG region is 1,341,827 units. The Final 6th Cycle RHNA allocation for the
City of Lynwood totals 1,555 units. As part of the process, the City must update its Housing Element as mandated
by State law for the 2021-2029 planning cycle, with completed certification by the HCD.
On January 12, 2021, the Community Development Department issued a Request for Proposal “(“RFP") on the
City Council Regular Meeting - Page 61 of 268
Fund Dept.Div.Object Description Amount
1011 51 33120 General Plan
Amend ($150,000)
1011 51 505 62015 Prof & contractual
svcs $150,000
City’s website (PlanetBids) seeking qualified consultant services to assist with the preparation of the 2021-2029
Housing Element Update and related Environmental Impact Report (EIR). The RFP was due on February 11,
2021. There were two (2) proposal was received, as shown below.
Infrastructure Engineers - $114,093
The Arroyo Group - $237,510
In an effort to understand why there was a deficiency in proposals received, staff reached out to several cities who
recently released an RFP for updates to their Housing Element and was informed that they also received very few
proposals, and in many cases received zero to one proposal like Lynwood. It was agreed that the 2021-2029
Housing Element Update is the most difficult update to date, which may be the reason why cities are receiving
very few proposals.
After careful consideration of each proposal, including but not limited to; response to the RFP requirements, firm’s
history and ability to provide services, proposed staff qualifications, and proposed fee, staff believes that the
contract should be awarded to Infrastructure Engineers in a not to exceed amount of $114,093. They are currently
providing services to both the Community Development Department and the Public Works Department.
Under the Community Development Department, they have provided a wide range of services including project
management (i.e. General Plan/Specific Plan amendments) and environmental assessments/amendments. In
addition, they are currently providing as-needed plan reviews and building inspection services to the Building &
Safety Division. They are also presently working closely with the City’s Public Works Department in providing as-
needed design engineering and architectural services, construction management, and inspection services.
For this reason, staff is recommending that the City enter into a Professional Service Agreement with
Infrastructure Engineers to prepare the 2021-2029 Housing Element and related EIR. Based upon a preliminary
time schedule, Infrastructure Engineers anticipates that the updates will be completed no later than October 2021.
Fiscal Impact:
Infrastructure Engineers has submitted a bid for $114,093. In June of 2020, the City applied for the $300,000
under HCD's 2019 Local Early Action Planning (LEAP) program to assist with the funding of the City's 2021-
2029 Housing Element update and other planning documents, as related to the update of the City’s General Plan.
On March 4, 2021, the City received notice of funding under the 2019 LEAP Grant in the full amount of $300,000,
of which $150,000 was allocated for the preparation of the City’s 2021-2029 Housing Element and EIR, and
$150,000 was allocated to other needed planning documents, as related to the City's General Plan.
The 2019 LEAP Grant is a reimbursement grant. Staff will receive a reimbursement of all funds spent on the
preparation of the City’s Housing Element (up to the approved $150,000) from HCD through the 2019 LEAP
Grant to cover the below appropriation.
Coordinated With:
City Attorney's Office
Department of Finance & Administration Services
City Council Regular Meeting - Page 62 of 268
ATTACHMENTS:
Description
Attachment A - Resolution
Exhibit A - Professional Services Agreement
Attachment B - Infrastructure Engineers Proposal
Attachment C - The Arroyo Group Proposal
City Council Regular Meeting - Page 63 of 268
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AWARDING A
PROFESSIONAL SERVICES AGREEMENT WITH INFRASTRUCTURE
ENGINEERS, IN THE NOT TO EXCEED AMOUNT OF $114,093, FOR
THE PREPARATION OF THE CITY’S 2021-2029 HOUSING ELEMENT
AND ENVIRONMENTAL IMPACT REPORT
WHEREAS, California State law mandates that all California cities and counties
plan for housing needs of their residents; and
WHEREAS, the California Department of Housing and Community Development
(HCD) determines the total number of new homes that need to be built, and level of
affordability of the new homes, in order to meet the housing needs in each region of
California, which is called the Regional Housing Needs Allocation (RHNA); and
WHEREAS, the Southern California Association of Governments (SCAG)
receives the RHNA from HCD for the Los Angeles region, which includes the City of
Lynwood (“City”); and
WHEREAS, each jurisdiction plans for its housing needs through its Housing
Element, which is required per California State law to be updated on approximately 8-
year cycles; and
WHEREAS, the City’s current Housing Element covers the planning period of
2013-2021 and was adopted on August 6, 2013, by the City Council and certified by the
California Department of Housing and Community Development (HCD) on October 11,
2013; and
WHEREAS, HCD has established October 15, 2021, as the deadline for
certification of the next planning period (2021-2029) for cities located within the SCAG
region; and
WHEREAS, on January 12, 2021, the City issued a Request for Proposal
“(“RFP") on the City’s website (PlanetBids) seeking qualified consultant services to
assist with the preparation of the 2021-2029 Housing Element Update and related
Environmental Impact Report (EIR); and
WHEREAS, the bid opening took place in the PlanetBids Platform on February
11, 2021 at 10:00 A.M. (Pacific Time); and
WHEREAS, the City received two (2) proposals; and
WHEREAS, after careful consideration of each proposal, including but not limited
to; response to the RFP requirements, firm’s history and ability to provide services,
proposed staff qualifications, and proposed fee, staff believes that the contract should be
awarded to Infrastructure Engineers in a not to exceed amount of $114,093; and
City Council Regular Meeting - Page 64 of 268
2
WHEREAS, on June 16, 2020, the City Council of the City of Lynwood authorized
staff, via Resolution No. 2020.083, to submit an application for $300,000 under HCD’s
2019 Local Early Action Planning (LEAP) program to assist with the funding of the City’s
2021-2029 Housing Element and other planning documents, as related to the update of
the City’s General Plan; and
WHEREAS, on March 4, 2021, the City received notice of funding under the 2019
LEAP Grant in the full amount of $300,000, of which $150,000 will be utilize for the
preparation of the City’s 2021-2029 Housing Element and $150,000 will be utilize for other
planning documents, as related to the update of the City’s General Plan; and
WHEREAS, The LEAP grant is a reimbursement grant.
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 finds and declares that the
foregoing recitals are true and correct, and incorporates said recitals fully into this
Resolution as substantive findings.
Section 2. The City Council of the City of Lynwood authorizes the Mayor to execute a
Professional Services Agreement (Exhibit “A”) with Infrastructure Engineers, in a form
approved by the City Attorney, for the preparation of the City's 2021-2029 Housing
Element and related EIR, in a not to exceed amount of $114,093.
Section 3. The City Council of the City of Lynwood authorizes the use of $150,000
authorized under the 2019 LEAP Grant for the preparation of the City's 2021-2029
Housing Element and related EIR.
Section 4. The 2019 LEAP Grant is a reimbursement grant. The City of Lynwood will
receive a reimbursement of all funds spent on the preparation of the City’s Housing
Element (up to the approved $150,000) from HCD through the LEAP Grant to cover the
below appropriation.
Section 5. The City Council of the City of Lynwood authorizes the reimbursement of
all funds spent on the preparation of the City’s Housing Element and related EIR (up to
the approved $150,000) from HCD through the 2019 LEAP.
Fund Dept. Div. Object Description Amount
1011 51
33120 General Plan Amend ($150,000)
1011 51 505 62015 Prof & contractual svcs $150,000
City Council Regular Meeting - Page 65 of 268
3
Section 6. 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 16th day of March 2021.
______________________________
Marisela Santana
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia Michelle G. Ramirez
City Attorney Acting City Manager
City Council Regular Meeting - Page 66 of 268
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 16th day of March 2021, 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 16th day of March 2021.
________________________
Maria Quinonez, City Clerk
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Agenda Item # 10.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: Thomas W. Thornton, Acting Director of Public Works/City Engineer
SUBJECT: USED OIL RECYCLING PROGRAM
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING THE APPROPRIATION OF $5,343 FROM THE USED OIL RECYCLING GRANT FUND
(FUND 3621).”
Background:
The California Oil Recycling Enhancement Act (Act) provides funding to assist local governments in implementing
used oil and filter collection programs in their jurisdiction. In the 10th cycle of the Used Oil Payment Program
(OPP10), the City was awarded $19,243.
Discussion and Analysis:
Under the Used Oil Payment Program Cycle 10 (OPP10) Program Guidelines, costs must be incurred and/or
accrued during the term for which they are reported. Used oil and used oil filter collection and recycling activities,
educational activities, and stormwater management are statutory components of local used oil collection
programs.
The OPP10 cycle is set to end on June 30, 2021. In order to avoid returning awarded grant funds staff
recommends an appropriation for the remaining amount awarded to conduct used oil activities before the cycle’s
end. Staff anticipates to utilize the awarded funds to innovate the used oil program in light of the impacts of
COVID-19 that altered traditional used oil program activities such as used oil filter exchange events. In lieu of a
face-to-face used oil filter exchange event, OPP10 will consist of filter exchange drives in which residents are
eligible to receive a coupon to a local certified collection center for a free oil filter when they bring their used oil
filter for recycling. Other activities include neighborhood canvassing to promote used oil recycling, advertising
campaigns, and the required annual site visits for the six certified collection centers in the City.
City Council Regular Meeting - Page 161 of 268
All activities planned for OPP10 are eligible expense set forth in the Program Guidelines. Additional
appropriation is needed to cover the costs of the activities for the Used Oil program and to exhaust the OPP10
funds.
Fiscal Impact:
The adopted FY 2020-21 Operating Budget for the Used Oil Recycling program is $13,900. The City must
spend $19,243 by June 30, 2021, to meet the timely expenditure of OPP10 Cycle allocation. To do so, additional
allocation of $5,343 is needed from the unappropriated Used Recycling Grant Fund for the grant funds timely
expenditure. Staff is requesting appropriation as follows for the remainder of FY 2020-21 Budget for the OPP10
Used Oil Recycling Program.
APPROPRIATION
Fund Dept Div Object Description Amount
3621 45 460 62015 Professional/Contractual
Services
$5,343.00
3621 Budgetary Fund Balance ($5,343.00)
Coordinated With:
City Manager's Office
City Attorney
Department of Finance & Administration Services
ATTACHMENTS:
Description
Attachment A - Resolution
City Council Regular Meeting - Page 162 of 268
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
THE APPROPRIATION OF $5,343 FROM THE USED OIL RECYCLING
GRANT FUND (FUND 3621)
WHEREAS, the City received $19,243 from the Used Oil Payment Program Cycle
2 (OPP2); and
WHEREAS, the approved FY 2020-21 Used Oil Recycling Program budget of
$13,900 is less than the required amount of the grant funds to be expended by June 30,
2021;and
WHEREAS, appropriation from Fund 3621 Used Oil Recycling Grant Fund in the
amount of $5,343 to the Used Oil Recycling Grant Program is needed for the timely
expenditure of the grant funds to avoid lapsing of grant funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood approves the following appropriation:
APPROPRIATION
Fund Dept Div Object Description Amount
3621 45 460 62015 Professional/Contractual
Services
$5,343.00
3621 Budgetary Fund Balance ($5,343.00)
Section 2. The City Clerk shall certify to the adoption of this resolution and hereafter the
same shall be in full force and effect.
(Signatures on Next Page)
City Council Regular Meeting - Page 163 of 268
2
PASSED, APPROVED and ADOPTED this 16th day of March 2021.
______________________________
Marisela Santana
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia Thomas Thornton
City Attorney Acting Director of Public Works/City Engineer
City Council Regular Meeting - Page 164 of 268
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 16th day of March 2021, 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 16th day of March 2021.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 165 of 268
Agenda Item # 11.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: Thomas Thornton, Acting Director of Public Works/City Engineer
SUBJECT: AMENDMENT TO THE SWA AGREEMENT FOR THE DESIGN OF A COMMUNITY
PARK AT FERWOOD AVENUE BETWEEN BETWEEN BEECHWOOD AVENUE
AND STATE STREET
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING AN AMENDMENT TO THE AGREEMENT WITH SWA FOR THE DESIGN OF A
COMMUNITY PARK AT FERNWOOD AVENUE AND STATE STREET, AND TO APPROPRIATE
ADDITIONAL FUNDS IN THE AMOUNT OF $12,000 FROM THE UNAPPROPRIATED LEASE
REVENUE BOND (FUND 9053) TO THE RMC GRANT PROJECT (CIP NO. 4011.68.037)."
Background:
The City received funding from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(RMC) in the amount of $1,692,575 for the Lynwood Park Infiltration Restoration and Water Quality Improvement
Project. The grant was aimed at water quality, supply and infrastructure improvement. The initial project location
was at the Lynwood City Park parking lot at Spruce Street and originally included the installation of permeable
pavers, bio swale, and perimeter landscaping, and educational signage regarding stormwater.
On August 21, 2018, the City Council approved a Professional Services Agreement with SWA for the design of
the Lynwood Park Infiltration Restoration and Water Quality Improvement Project. During the design phase,
SWA found that the percolation was poor at the parking lot site. The project goal for stormwater infiltration was to
reduce runoff from the site using stormwater control measures that retain runoff. Poor percolation will not be
conducive to stormwater infiltration.
On July 22, 2019, the Board of the RMC approved to change the project site location from the parking lot at
Lynwood City Park to a City owned lot at Fernwood Avenue and State Street. On February 18, 2020, the City
Council approved to amend the Agreement with SWA based on the changed in location necessitating a new
design. The Agreement with SWA is set to expire on March 31, 2021.
City Council Regular Meeting - Page 166 of 268
Discussion and Analysis:
The new Project Scope will extend the award winning Ricardo Lara Linear Park concept within a new grant value
of $1,650,753.[1] The new Project Scope includes a development of a community park with a walking trail, catch
basin and catch basin filters, concrete paving, LED lighting, signage, shrubberies, and trees.
SWA is willing to continue with the project and design a community park at the location that meets the
requirements of the RMC grant. The project is under design with 60% of the construction drawings completed.
An extension is needed to have SWA continue working to complete the plans and specifications as well as
provide construction support.
During the project design, SWA provided additional services such as presentations before the Rivers Mountains
Conservancy on the new design, public outreach strategy as well as provide schematic option for inclusion of
additional trees at the park site to meet the Urban Bike Trail Project requirement. The extended Project duration
and other requests made to SWA has resulted in additional cost of $12,000.
[1] Represents the grant funds remaining after the testing and conceptual drawing cost at the original project site.
Fiscal Impact:
There is no fiscal impact to the General Fund. Instead, the recommended action requires additional funds from
the unappropriated Lease Revenue Bond (Fund 9053) to the RMC Grant Project (CIP No. 4011.68.037), as
shown below.
APPROPRIATION
Fund Dept Div Object Description Amount
Budgetary Transfer Out
9053 2017 Lease Revenue
Bond
($12,000)
Budgetary Fund
Balance
($12,000)
Budgetary Transfer In
4011 Capital Projects Fund
from 2017 Lease
Revenue Bond
$12,000
4011 68 037 62015 RMC Grant $12,000
Once the final Engineer’s Estimate is established, staff may need to bring back an item for an appropriation on
the construction cost for the amended Project scope.
Coordinated With:
City Manager's Office
City Attorney
Department of Finance & Administration Services
ATTACHMENTS:
Description
Attachment A - Resolution
Exhibit A
City Council Regular Meeting - Page 167 of 268
City Council Regular Meeting - Page 168 of 268
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
AN AMENDMENT TO THE AGREEMENT WITH SWA FOR THE
DESIGN OF A COMMUNITY PARK AT FERNWOOD AVENUE AND
STATE STREET, AND TO APPROPRIATE ADDITIONAL FUNDS IN
THE AMOUNT OF $12,000 FROM THE UNAPPROPRIATED LEASE
REVENUE BOND (FUND 9053) TO THE RMC GRANT PROJECT (CIP
NO. 4011.68.037)
WHEREAS, the City received funding from the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy (RMC) in the amount of $1,692,575 for the
Lynwood Park Infiltration Restoration and Water Quality Improvement Project; and
WHEREAS, on August 21, 2018, the City Council of the City of Lynwood
approved a Professional Services Agreement with SWA to design the Lynwood Park
Infiltration Restoration and Water Quality Improvement Project at the parking lot of
Lynwood City Park along Spruce Street; and
WHEREAS, on November 18, 2018, the City Manager approved a contract
amendment for additional percolation testing (First Amendment).
WHEREAS, during the design phase, SWA found that the percolation was poor
at the parking lot site; and
WHEREAS, on July 22, 2019, the Board of the RMC approved to change the
project site location from the parking lot at Lynwood City Park to a City owned lot at
Fernwood Avenue and State Street to develop a park; and
WHEREAS, on February 18, 2020, the City Council approved Resolution No.
2020.023 approving to amend the Agreement with SWA (Second Amendment) for the
design of a community park at Fernwood Avenue and State Street (Project) that meets
the RMC grant requirements; and
WHEREAS, the Agreement is set to expire on March 31, 2021; and
WHEREAS, SWA has provided additional services resulting in extended project
duration and administrative production and coordination; and
WHEREAS, an Amendment to the Agreement is necessary to complete the
Project.
City Council Regular Meeting - Page 169 of 268
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood authorizes the Mayor to execute
an amendment to the Agreement with SWA in an amount of $12,000, attached hereto
as Exhibit A, in a form approved by the City Attorney.
Section 2. The City Council of the City of Lynwood approves the following
appropriation:
APPROPRIATION
Fund Dept Div Object Description Amount
Budgetary Transfer Out
9053 2017 Lease Revenue Bond ($12,000)
Budgetary Fund Balance ($12,000)
Budgetary Transfer In
4011 Capital Projects Fund from
2017 Lease Revenue Bond
$12,000
4011 68 037 62015 RMC Grant $12,000
Section 3. 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 16th day of March 2021.
______________________________
Marisela Santana
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia Thomas Thornton
City Attorney Acting Director of Public Works/City Engineer
City Council Regular Meeting - Page 170 of 268
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 16th day of March 2021, 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 16th day of March 2021.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 171 of 268
Page 1 of 2
THIRD CONTRACT AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
SWA AND THE CITY OF LYNWOOD
This amended agreement ("Agreement") is made as of March 16, 2021, by
SWA ("Consultant"). City and Consultant are sometimes hereinafter individually
referred to as a "Party" and collectively referred to as the "Parties."
RECITALS
WHEREAS, the City of Lynwood and Consultant, have entered into an Agreement,
dated August 21, 2018, which Agreement sets forth the terms and conditions for
landscape architectural and engineering services for the design of the Lynwood Park
Infiltration, Restoration and Water Quality Improvement Project (CIP NO. 4011.68.037)
(Resolution 2018.1470; and
WHEREAS, on November 18, 2018, the City Manager approved a contract
amendment for additional percolation testing (First Amendment).
WHEREAS, on February 18, 2020, the City Council approved Resolution No.
2020.023 approving to amend the Agreement with SWA (Second Amendment)
for the design of a community park at Fernwood Avenue and State Street that
meets the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
(RMC) grant requirements.
WHEREAS, the Agreement is set to expire on March 31, 2021; and
WHEREAS, additional time is needed to complete the plans and specifications and
for Consultant to provide support during construction; and
WHEREAS, Consultant has provided additional services resulting in extended
project duration and administrative production and coordination.
NOW, THEREFORE in consideration of mutual covenants and agreements
hereinafter contained, the parties hereto do hereby agree as follows:
1. Term. The term of this Agreement, as amended, shall continue in full force until
the Project is accepted by City Council as complete (the “Termination Date”).
City Council Regular Meeting - Page 172 of 268
Page 2 of 2
2. Compensation. Consultant shall be compensated an additional $12,000 for
extended project duration and administrative production and coordination.
3. AlI other terms and conditions of said Agreement and subsequent
amendments, shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this first amendment to
the Professional Services Agreement this 16th day of March, 2021.
CITY:
DATED: ____________________ BY: __________________________
Marisela Santana
Mayor
City of Lynwood
DATED: ____________________ BY: __________________________
Noel Tapia
City of Lynwood
DATED: ____________________ BY: __________________________
Maria Quinonez
City Clerk
City of Lynwood
CONSULTANT:
DATED: ____________________ BY: _________________________
Ying-yu Hung
Managing Principal
SWA
City Council Regular Meeting - Page 173 of 268
Agenda Item # 12.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: Thomas Thornton, Acting Director of Public Works/City Engineer
SUBJECT: APPROVAL OF PROJECTS TO INCLUDE IN THE FISCAL YEAR 2021-22 ANNUAL
PLAN FOR THE SAFE, CLEAN WATER PROGRAM
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING THE PROJECTS FOR THE FISCAL YEAR 2021-22 ANNUAL PLAN FOR THE SAFE,
CLEAN WATER PROGRAM.”
Background:
On November 6, 2018, the voters successfully passed the Safe, Clean Water Program (Measure W). The Safe,
Clean Water Program (SCW) provides local, dedicated funding to increase water supply, improve water quality,
and provide community enhancements throughout 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 (40%) of the SCW Program Funds. .
On August 4, 2020, the City Council approved Resolution 2020.103 authorizing the City Manager 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”) and to submit the initial and
subsequent Annual Plans to Los Angeles County Flood Control District (District).
On September 30, 2020, staff submitted the FY 2020-21 Annual Plan. On November 19, 2020, the District
informed staff that it accepted the City’s FY 2020-21 Annual Plan. In February 2021, the City received
$569,356.44 in FY 2020-21 SCW funds.
Discussion and Analysis:
MS4 Permit
Municipal Separate Storm Sewer System (MS4) receive stormwater and non-stormwater discharges from
City Council Regular Meeting - Page 174 of 268
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,
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
the start of the fiscal year. The Annual Report, or the summary of the expenditures that occurred, is due six (6)
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.
Expenditures 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;
City Council Regular Meeting - Page 175 of 268
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.
Alignment of FY 2021-22 Budget With The Annual Plan
The Annual Plan is required to be submitted 90 days prior to the start of the fiscal year for which the plan is
prepared. Since the Annual Plan submittal deadline is prior to the City’s adoption of the annual budget, staff
recommends that the City Council consider and approve the projects for inclusion in the FY 2021-22 Annual Plan
(Exhibit A) to align the Annual Plan with the City’s Budget.
PROPOSED PROJECTS TO INCLUDE IN THE FY 2021-22 ANNUAL PLAN
Projects Amount
Preparation of NPDES Annual Report, Annual Plan, and Safe Clean
Water Expenditure Plan
$15,000.00
Stormwater Programs (Best Management Practices -Capital
Improvement Program)
$241,026.29
Bike Trail Project $68,680.00
MS4 Permit Compliance (Commercia/Industrial Site Visits,
Inspections, Outreach, Plan Reviews, Grant Technical Assistance,
Feasibility Studies-Programs to comply with the MS4 Permit)
$175,000.00
Administrative Cost (Staff and Liability Expense)$25,000.00
Engineering Costs- Permit Review for MS4 Compliance $25,000.00
FY21 Catchbasin Cleaning & Stenciling $91,600.00
FY21 Harbor Toxics TMDL Monitoring $1,000.00
FY21 Lower Los Angeles River Watershed MOU $100,000.00
Total Expenditures $742,306.29
The above list may be subject to change upon review by District. On August 4, 2020, the City Council authorized
the City Manager to prepare and submit the Annual Plan and submit revisions to the Annual Plans and Annual
Reports as necessary (Resolution No. 2020.103).
Fiscal Impact:
There is no impact to the General Fund. Instead, the proposed list of projects will be funded from unused FY
2020-21 SCW funds and incoming FY 2021-22 SCW funds. The list of projects and proposed budget will then
be included in the FY 2021-22 Operating Budget for the City Council's approval, as part of the budget process.
City Council Regular Meeting - Page 176 of 268
Coordinated With:
City Manager's Office
City Attorney
Department of Finance & Administration Services
ATTACHMENTS:
Description
Attachment A - Resolution
Exhibit A
City Council Regular Meeting - Page 177 of 268
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
THE PROJECTS FOR THE FISCAL YEAR 2021-22 ANNUAL PLAN
FOR THE SAFE, CLEAN WATER PROGRAM
WHEREAS, On November 6, 2018, the Safe, Clean Water Program
(Measure W) was successfully passed by the voters; and
WHEREAS, the Safe, Clean Water (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 of Lynwood is anticipated to receive $580,000 in FY
2021-22; and
WHEREAS, to receive the SCW funds, the City of Lynwood will be required
to submit an Annual Plan for FY 2021-22 90 days prior to the start of the fiscal
year for which the Annual Plan is prepared; and
WHEREAS, on August 4, 2020, the City Council of the City of Lywnood
authorized the City Manager to submit the initial and subsequent Annual Plans to
the District, and to make necessary revisions; and
WHEREAS, to align the Annual Plan with the City’s Operating Budget, it is
recommended that the City Council of the City of Lynwood approve the projects to be
submitted in the Annual Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood approves the projects to be
included in the Annual Plan attached hereto as (Exhibit A).
Section 2. The City Council of the City of Lynwood approves the inclusion of the
projects and budget listed under the FY 2021-22 Annual Plan in the FY 2021-22
Operating Budget.
Section 3. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
(Signatures on Next Page)
City Council Regular Meeting - Page 178 of 268
2
PASSED, APPROVED and ADOPTED this 16th day of March 2021.
______________________________
Marisela Santana
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia Thomas Thornton
City Attorney Acting Director of Public Works/City Engineer
City Council Regular Meeting - Page 179 of 268
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 16th day of March 2021, 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 16th day of March 2021.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 180 of 268
EXHIBIT A
SAFE CLEAN WATER FUND FY21 YEAR END ESTIMATE AND FY22 PROPOSED PROJECTS AND BUDGET
FY21
YEAR END ESTIMATE
FY22
PROPOSED BUDGET
$0.00 $162,306.29
$569,356.44 $580,000.00
$569,356.44 $742,306.29
$59,177.30 $0.00
$72,142.94 $0.00
$51,962.00 $0.00
$13,000.00 $15,000.00
$0.00 $241,026.29
$0.00 $68,680.00
$0.00 $175,000.00
$6,100.00 $25,000.00
$25,000.00
$89,000.00 $91,600.00
$685.64 $1,000.00
$114,982.27 $100,000.00
$407,050.15 $742,306.29
$162,306.29 $0.00
Beginning Fund Balance
Incoming Revenues
Total Revenues
REVENUES
ENDING FUND BALANCE
Stormwater Programs (Best Management Practices -
Capital Improvement Program)
MS4 Permit Compliance (Commercia/Industrial Site
Visits, Inspections, Outreach, Plan Reviews, Grant
Technical Assistance, Feasibility Studies-Programs to
comply with the MS4 Permit)
FY20 Catchbasin Cleaning- Reimbursement
FY20 Lower Los Angeles River Watershed MOU Fees -
Reimbursement
Engineering Costs- Permit Review for MS4 Compliance
Administrative Cost (Staff and Liability Expense)
FY21 Catchbasin Cleaning & Stenciling
Total Expenditures
Description
FY21 Harbor Toxics TMDL Monitoring
FY21 Lower Los Angeles River Watershed MOU Fees
Preparation of NPDES Annual Report, Annual Plan, and
Safe Clean Water Expenditure Plan
Lilita Street and Eve Avenue Street and Water
EXPENDITURES
Bike Trail Project
City Council Regular Meeting - Page 181 of 268
Agenda Item # 13.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: Thomas Thornton, Acting Director of Public Works/City Engineer
SUBJECT: AMENDMENT TO THE WILLDAN ENGINEERING AGREEMENT FOR THE URBAN
BICYCLE TRAIL (CIP NO. 4011.68.046)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING THE AMENDMENT TO AN AGREEMENT WITH WILLDAN ENGINEERING TO EXTEND
THE TERM OF THE AGREEMENT AND TO PROVIDE ADDITIONAL COMPENSATION RELATING TO
ADDITIONAL SERVICES REQUIRED BY CALTRANS IN THE AMOUNT OF $20,980; PROVIDING THE
CITY MANAGER AUTHORITY TO APPROVE ADDITIONAL SERVICES FOR UP TO 25 PERCENT (25%)
OF THE APPROVED AMENDMENT PRICE; AND APPROVING AN ADDITIONAL APPROPRIATION OF
$20,980 FROM THE UNAPPROPRIATED PROPOSITION C FUND.”
Background:
On November 29, 2017, the State of California Natural Resources notified the City that it received funding under
the Urban Greening Grant Program, in the amount of $2,853,000, for the development of the Lynwood Urban
Bicycle Trail (Project) along Caltrans Right-of-Way, adjacent to the I-105 Freeway. Following a Request for
Proposal (RFP) process, on July 3, 2018, the City Council approved a contract with Willdan Engineering
(Willdan) in the amount of $183,000 for the design of the Urban Bicycle Trail and authorized the City Manager to
amend the Agreement with the Consultant in an amount not to exceed 25 percent of the contract price. Since first
approved, the Agreement with Willdan has been amended twice, as shown below.
On October 2, 2018, the City Council adopted Resolution No. 2018.181 to amend the Agreement with
Willdan in the amount of $57,347 for design services for the extension of the Lynwood Urban Bicycle Trail.
(First Amendment)
On January 16, 2019, the City Manager authorized additional services in the amount of $44,680 for Willdan
to prepare a Natural Environmental Study with Minimal Impacts (NES-MI), Environmental Assessment
(ESA) Phase 1, Section 106 cultural resources studies and Right of Way Data Sheet. (Second
Amendment)
City Council Regular Meeting - Page 182 of 268
Caltrans has made further requirements for the City to prepare arsenic impacted excavation plan, exhibits for the
soil management plans, nonstandard special provisions; utility policy certification and to process the plans and
reports for Caltrans local and headquarters for review and approval. An Amendment is needed for Willdan to
continue to provide services on the Project.
Discussion and Analysis:
The Project’s original project scope of work is to develop a bike trail along Caltrans Right-of-Way adjacent to the
I-105 freeway from Birch Street to Atlantic Avenue. The Project was amended to extend the bike trail from Atlantic
Avenue to Wright Road as well as to allow the planting of trees on the northside of Fernwood Avenue and Yvonne
Burke-John D. Ham Park.
Since the Project site is on Caltrans Right-of-Way and adjacent to the I-105 Freeway, staff has to comply with
numerous Caltrans requirements including, but not limited to, amending the Freeway Maintenance Agreement to
include terms of the maintenance of the bike trail; preparing an environmental study; and, obtaining right-of-way
certification approval. The plans and specifications are 100% complete.
Staff is still waiting for Caltrans to authorize a Notice to Proceed in issuing a notice inviting bids. It is being
recommended that the City Council amend the Agreement with Willdan to extend the term of the agreement
and authorize the City Manager to approve additional compensation for the additional services performed by
Willdan. It is also being recommended that the City Manager be given authority to approve up to 25 percent
(25%) of the contract price for additional services to avoid delay in Project Implementation.
Fiscal Impact:
There is no fiscal impact to the General Fund. Instead, the proposed action requires an additional appropriation
of $20,980 from the unappropriated Prop C Fund (Fund 2351), as shown below. The expenditure is subject to
Metro approval.
APPROPRIATION
Fund Dept Div Object Description Amount
Budgetary Transfer Out
2351 Prop “C” Fund ($20,980)
Budgetary Fund
Balance
($20,980)
Budgetary Transfer In
4011 Capital Projects Fund
from Prop C Fund
$20,980
4011 68 046 62015 Urban Greening (Bike
Trail)
$20,980
Coordinated With:
City Manager's Office
City Attorney
Department of Finance & Administration Services
City Council Regular Meeting - Page 183 of 268
ATTACHMENTS:
Description
Attachment A - Resolution
Exhibit A
City Council Regular Meeting - Page 184 of 268
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
THE AMENDMENT TO AN AGREEMENT WITH WILLDAN
ENGINEERING TO EXTEND THE TERM OF THE AGREEMENT AND
TO PROVIDE ADDITIONAL COMPENSATION RELATING TO
ADDITIONAL SERVICES REQUIRED BY CALTRANS IN THE AMOUNT
OF $20,980; PROVIDING THE CITY MANAGER AUTHORITY TO
APPROVE ADDITIONAL SERVICES FOR UP TO 25 PERCENT (25%)
OF THE APPROVED AMENDMENT PRICE; AND APPROVING AN
ADDITIONAL APPROPRIATION OF $20,980 FROM THE
UNAPPROPRIATED PROPOSITION C FUND
WHEREAS, on November 29, 2017, the State of California Natural Resources
notified the City that it received funding under the Urban Greening Grant Program in the
amount of $2,853,000 for the development of the Lynwood Urban Bicycle Trail (Project)
along Caltrans Right of Way adjacent to the I-105 Freeway; and
WHEREAS, following a Request for Proposal process, on July 3, 2018, the City
Council approved a contract with Willdan Engineering in the amount of $183,000 for the
design of the Urban Bicycle Trail and authorized the City Manager to amend the
Agreement with the Consultant in an amount not to exceed 25 percent of the contract
price; and
WHEREAS, on October 2, 2018, the City Council adopted Resolution No.
2018.181 to amend the Agreement with Willdan Engineering in the amount of $57,347
for design services for the extension of the Lynwood Urban Bicycle Trail. (First
Amendment); and
WHEREAS, on January 16, 2019, the City Manager authorized additional
services in the amount of $44,680 for Willdan to prepare a Natural Environmental Study
with Minimal Impacts (NES-MI), Environmental Assessment (ESA) Phase 1, Section
106 cultural resources studies and Right of Way Data Sheet (Second Amendment);
and
WHEREAS, Caltrans has made further requirements for the City to prepare
arsenic impacted excavation plan, exhibits for the soil management plans, nonstandard
special provisions; utility policy certification and to process the plans and reports for
Caltrans local and headquarters for review and approval; and
WHEREAS, these additional services were unanticipated and outside the scope
of services Willdan Enginering; and
WHEREAS, additional time is needed for Willdan to obtain final approval from
Caltrans and to provide support during construction; and
City Council Regular Meeting - Page 185 of 268
2
WHEREAS, the authority given to the City Manager to approve up to 25 percent
of the contract price in additional services was exercised by the City Manager under the
Second Amendment; and
WHEREAS, an Amendment to the Agreement is necessary to complete the
Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood authorizes the Mayor to execute
an amendment to the Agreement with Willdan Engineering, in an amount of $20,980,
attached hereto as Exhibit A, in a form approved by the City Attorney.
Section 2. The City Council of the City of Lynwood approves the following
appropriation:
APPROPRIATION
Fund Dept Div Object Description Amount
Budgetary Transfer Out
2351 Prop “C” Fund ($20,980)
Budgetary Fund Balance ($20,980)
Budgetary Transfer In
4011 Capital Projects Fund from
Prop C Fund
$20,980
4011 68 046 62015 Urban Greening (Bike
Trail)
$20,980
Section 3. The City Council of the City of Lynwood authorizes the City Manager to
approve an additional up to 25 percent (25%) of the new total contract price with Willdan
Engineering for additional services.
Section 4. The City Clerk shall certify to the adoption of this resolution and hereafter
the same shall be in full force and effect.
(Signatures on Next Page)
City Council Regular Meeting - Page 186 of 268
3
PASSED, APPROVED and ADOPTED this 16th day of March 2021.
______________________________
Marisela Santana
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia Thomas Thornton
City Attorney Acting Director of Public Works/City Engineer
City Council Regular Meeting - Page 187 of 268
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 16th day of March 2021, 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 16th day of March 2021.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 188 of 268
Page 1 of 5
THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN
WILLDAN ENGINEERING AND THE CITY OF LYNWOOD
This amended agreement ("Agreement") is made as of March 16, 2021, by
and between the City of Lynwood, a California municipal corporation ("City"), and
Willdan Engineering, a California Corporation ("Consultant"). City and Consultant
are sometimes hereinafter individually referred to as a "Party" and collectively
referred to as the "Parties."
RECITALS
WHEREAS, the City of Lynwood and Consultant, have entered into an Agreement,
dated July 3, 2018, which Agreement sets forth the terms and conditions for landscape
architectural and engineering services for the Lynwood Urban Bicycle Trail; and
WHEREAS, on July 3, 2018, the City Council adopted Resolution No. 2018.114
authorizing the City Manager to amend the Agreement with Consultant in an amount
not to exceed 25 percent of the contract price; and
WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018.181
to amend the Agreement with Consultant in the amount of $57,347 for design services
for the extension of the Lynwood Urban Bicycle Trail pursuant to the cost proposal from
Consultant dated September 18, 2018 (First Amendment); and
WHEREAS, Caltrans, indicated that the Project is under the jurisdiction of FHWA
since the Project will encroach into I-105 Freeway, Caltrans requires the City to prepare
a Natural Environmental Study with Minimal Impacts (NES-MI), Environmental Assessment
(ESA) Phase 1, Section 106 cultural resources studies and Right of Way Data Sheet; and
WHEREAS, on January 16, 2019, the City Manager authorized additional services to
comply with Caltrans requirements (Second Amendment); and
WHEREAS, Caltrans has made further requirements for the City to prepare arsenic
impacted excavation plan, exhibits for the soil management plans, nonstandard special
provisions; utility policy certification and to process the plans and reports for Caltrans
local and headquarters for review and approval; and
WHEREAS, these additional services were unanticipated and outside the scope of
services for the Consultant; and
WHEREAS, Consultant has incurred cost in the amount of $20,980; and
City Council Regular Meeting - Page 189 of 268
Page 2 of 5
WHEREAS, Agreement term has expired and additional time is needed obtain
Caltrans approval to proceeds with construction.
NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter
contained, the parties hereto do hereby agree as follows:
1. That Consultant will be compensated an additional $20,980 to provide
additional engineering services pursuant to Consultant’s proposal dated March 4, 2021
attached hereto to as Exhibit A .
2. The term of this Agreement, as amended, shall continue in full force until
the Project is accepted by City Council as complete (the “Termination Date”).
3. AlI other terms and conditions of said Agreement dated July 3, 2018, shall
remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this first amendment to
the Professional Services Agreement this 16th day of March, 2021.
CITY:
DATED: ____________________ BY: __________________________
Marisela Santana
Mayor
City of Lynwood
DATED: ____________________ BY: __________________________
Noel Tapia
City Attorney
City of Lynwood
DATED: ____________________ BY: __________________________
Maria Quinonez
City Clerk
City of Lynwood
CONSULTANT:
DATED: ____________________ BY: _________________________
David Hunt Sr., Vice President
Willdan Engineering
City Council Regular Meeting - Page 190 of 268
Page 3 of 5
EXHIBIT A
WILLDAN’S MARCH 8,
2021PROPOSAL
City Council Regular Meeting - Page 191 of 268
Page 4 of 5
City Council Regular Meeting - Page 192 of 268
Page 5 of 5
City Council Regular Meeting - Page 193 of 268
Agenda Item # 14.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: Michelle G. Ramirez, Acting City Manager
SUBJECT: JOINT PUBLIC MEETING OF LYNWOOD CITY COUNCIL AND LYNWOOD
HOUSING AUTHORITY FOR APPROVAL OF THE REFINANCING AND
SUBORDINATION OF THE PERMANENT DEBT FINANCING OF THE PARK PLACE
APARTMENT
Recommendation:
Staff recommends that the Mayor and City Council for the City of Lynwood and Chair and Board Members of the
Lynwood Housing Authority approve the following documents on behalf of the developer to allow for the refinancing
of the permanent debt to obtain a lower interest rate on Park Place Apartments, located at 12225 Atlantic Avenue.
First Amendment to Agency Note
Second Amendment to Amended and Restated Disposition and Development Agreement
Second Amendment to Regulatory Agreement and Declaration of Covenants and Restrictions
Second Amendment to HOME Regulatory Agreement
and Declaration of Covenants And Restrictions
Subordination Agreement
Background:
On March 16, 2010, the Lynwood Redevelopment Agency (Agency) approved a Disposition and Development
Agreement ("DDA") with AMCAL Park Place Fund, LP ("AMCAL") for the disposition of approximately 4.26
acres of land owned by the Agency at the northeast corner of Atlantic Avenue and Carlin Avenue (commonly
referred to as 12139–12225 Atlantic Avenue and 4317–4332 Carlin Avenue). The disposition of the property
allowed for AMCAL to develop a ninety-nine (99) unit affordable housing project with ninety-eight (98) apartments
to be restricted to rent to very low- and low-income households for a period of 55 years.
AMCAL is now requesting authorization by the City and the Lynwood Housing Authority (“Authority”) (as
successor to the Agency) to amend existing agreements with the Agency to bring the agreements into compliance
with U.S. Department of Housing and Urban Development (“HUD”) requirements. AMCAL is also requesting
Authority subordinate the existing Agency Note to the new HUD lender’s interests as it did in with the existing
HUD lender. The refinancing would be a “no cash out” permanent debt refinance, and the Lynwood Housing
City Council Regular Meeting - Page 194 of 268
Authority’s position on title would remain the same.
Discussion and Analysis:
The Park Place Apartments opened in March 2013 and is now in year 7 of the 55-year Redevelopment Loan term
and the 20-year HOME Investment Partnerships Loan term. The proposed refinance is anticipated to close
around March 31, 2021 and is being pursued to take advantage of the current low interest rates to improve cash
flow by lowering the current interest rate of 4% to below 3%. There are no cash proceeds in association with this
refinance.
While approval from the City of Lynwood or Lynwood Housing Authority for the refinancing is not required per the
Redevelopment Loan Agreement, the City of Lynwood is being requested to amend the existing agreements
between AMCAL and Authority to conform to HUD requirements under the new subordination agreement. The
proposed modifications to the existing agreements do not substantially change the Authority’s substantive rights
under the existing subordination agreement, with the exception of adding HUD/HUD lender consent rights over
any transfers of Authority’s interests under the Agency Note. HUD is requiring Authority to subordinate the Agency
Note to the HUD lender’s interests as a condition of this transaction prior to closing.
Pursuant to the Agency Note, AMCAL Park Place Fund LLP, owes the City of Lynwood approximately $11
million dollars for the development of Park Place Apartments. AMCAL is required to annually confirm with the
Lynwood Housing Authority the balance of said debt. AMCAL is responsible for making annual payments on 20%
of the residual cash flow generated from the apartment complex. The debt is calculated based on amount of loan
owed less residual cash flow payments received. Allowing AMCAL to refinance the HUD loan could potentially
result in a modest increase in available residual cash for payments by AMCAL to the Authority under the Agency
Note.
After careful review of the documents, staff is in support of the request to allow AMCAL to refinance their
permeant debt to take advantage of a lower interest rate.
Fiscal Impact:
There is no fiscal impact.
Coordinated With:
City Attorney
Department of Finance & Administration Services
ATTACHMENTS:
Description
Attachment A - First Amendment to Agency Note
Attachment B - Second Amendment to Amended and Restated Disposition and Development
Agreement
Attachment C - Second Amendment to Regulatory Agreement and Declaration of Covenants and
Restrictions
Attachment D - Second Amendment to HOME Regulatory Agreement and Declaration of
Covenants and Restrictions
Attachment E - Subordination Agreement
City Council Regular Meeting - Page 195 of 268
1
FIRST AMENDMENT TO AGENCY NOTE
Not to Exceed:
$10,956,150.00 Date: ____________, 2021
THIS FIRST AMENDMENT TO AGENCY NOTE (“Amendment”) is made and entered
into as of this _____ day of ________________, 2021 (“Effective Date”), by and between
AMCAL PARK PLACE FUND, LP, a California limited partnership (“Maker”), and the
LYNWOOD HOUSING AUTHORITY, a public body, corporate, and politic (the “Authority”),
or order at the Authority’s office at 11330 Bullis Road, Lynwood, California 90262.
RECITALS
WHEREAS, pursuant to that certain Amended and Restated Disposition and Development
Agreement dated as of July 1, 2010, and executed by and between the Lynwood Redevelopment
Agency, a public body, corporate and politic (“Agency”), and Maker, the Agency agreed to provide
funds (“Loan”) to provide partial financing for the development of a 99-unit affordable multifamily
residential development known as Park Place (“Project”) and located in the City of Lynwood
located at 12225 Atlantic Avenue, Lynwood, California (“Property”);
WHEREAS, the Loan was evidenced by that certain Agency Note dated December 9, 2011
by Maker for the benefit of Agency (“Note”);
WHEREAS, the Authority is now the successor in interest to the housing assets and
functions of the Agency pursuant to ABXI 26 (the “Dissolution Act”);
WHEREAS, Maker has obtained a loan (the “FHA Loan”) from Greystone Funding
Company LLC, a Delaware limited liability company (“Lender”), to be insured by the U.S.
Department of Housing and Urban Development by and through the Secretary, his or her
successors, assigns or designates (“HUD”), under Section 207, pursuant to Section 223(f),
pursuant to Section 223(a)(7) of the National Housing Act of 1934, as amended;
WHEREAS, as a condition of insuring the FHA Loan, HUD requires that the Note be
amended to contain certain provisions as required by HUD; and
WHEREAS, the Authority and Maker have agreed to amend the Note in accordance with
the terms of this Amendment.
NOW, THEREFORE, the Authority and Maker desire to amend the Note as follows.
AGREEMENT
1. All capitalized terms not defined herein shall have the same meaning as set defined
in the Note.
City Council Regular Meeting - Page 196 of 268
2
2. A new Section 14 is added to Note as follows:
“14. HUD Provisions.
As long as the U.S. Department of Housing and Urban Development (“HUD”) is
the insurer or holder of a loan to Maker by Greystone Funding Company LLC, a
Delaware limited liability company (“Lender”), as evidenced by a Note (Multistate)
(“Senior Note”), relating to that certain project known as Park Place (“Project”)
under FHA Project No. 122-11467, the following provisions (“HUD Provisions”)
shall be in full force and effect:
(a) Any terms not defined within this Section 14 shall have the same
meaning as set forth in HUD’s Program Obligations set forth in that certain
Multifamily Deed of Trust, Assignment of Leases and Rents and Security
Agreement granted by Maker in favor of Lender, as the same may be
supplemented, amended or modified (“Security Instrument”), and/or the
Regulatory Agreement between Maker and HUD with respect to the Project, as
the same may be supplemented, amended or modified from time to time (“HUD
Regulatory Agreement”), as the context so requires;
(b) any payments due under this Note shall be payable only (i) from
permissible distributions from Surplus Cash of the Project; but in no event
greater than seventy-five percent (75%) of the total amount of Surplus Cash; or
(ii) from monies received from Non-Project Sources. In no event may payments
due under all subordinate debt of Maker cumulatively exceed 75% of available
Surplus Cash. The restriction on payment imposed by this paragraph shall not
excuse any default caused by the failure of the Maker to pay the indebtedness
evidenced by this Note;
(c) no prepayment of this Note shall be made until after final endorsement
by HUD of the Senior Note, unless such prepayment is made from Non-Project
Sources and is approved in writing by HUD.
(d) this Note is non-negotiable and may not be sold, transferred, assigned,
or pledged by the holder of this Note except with the prior written approval of
HUD;
(e) Intentionally omitted;
(f) Maker hereby waives presentment, demand, protest and notice of
demand, protest and nonpayment of this Note;
(g) the terms and provisions of this Note are also for the benefit of and are
enforceable by HUD against any party hereto, their successors and assigns. This
Note may not be modified or amended without the written consent of HUD; and
City Council Regular Meeting - Page 197 of 268
3
(h) in the event of any conflict between the terms of the Note and the HUD
Provisions set forth within this Section 14, the terms of the HUD Provisions shall
control.”
3. This Amendment is governed by and construed in accordance with the laws of the
State of California.
4. This Amendment may be signed in counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same amendment.
5. Except as modified by this Amendment, the terms of the Note shall remain
unchanged and in full force and effect.
[BALANCE OF PAGE LEFT INTENTIONALLY BLANK]
[SIGNATURE PAGES FOLLOW]
City Council Regular Meeting - Page 198 of 268
4
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
written above.
MAKER:
AMCAL PARK PLACE FUND, L.P.,
a California limited partnership
By: AMCAL Multi-Housing Inc.,
a California corporation,
Its Administrative General Partner
By:
Arjun Nagarkatti, President
By: Foundation for Affordable Housing VIII, Inc.,
a California nonprofit public benefit corporation,
Its Managing General Partner
By:
Deborrah A. Willard, President
AUTHORITY:
LYNWOOD HOUSING AUTHORITY,
a public body, corporate and politic
By:
Name:
Title:
City Council Regular Meeting - Page 199 of 268
Second Amendment to Amended and Restated DDA
Park Place
SECOND AMENDMENT TO
AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
(Park Place)
THIS SECOND AMENDMENT TO AMENDED AND RESTATED DISPOSITION AND
DEVELOPMENT AGREEMENT (Park Place) (the “Amendment”) is made as of ______________, 2021,
amending that certain Amended and Restated Disposition and Development Agreement dated as of July 1,
2010, as amended by that certain First Amendment to Amended and Restated Disposition and Development
Agreement (Park Place) dated March 15, 2011 (collectively, the “DDA”), by and among the LYNWOOD
HOUSING AUTHORITY, a public body, corporate and politic (the “Authority”), as successor in interest
to the housing assets and functions of the former Lynwood Redevelopment Agency, a public body corporate
and politic (the “Agency”); CITY OF LYNWOOD, a California municipal corporation (the “City”); and
AMCAL PARK PLACE FUND, L.P., a California limited partnership (“Developer”) (the Authority, City,
and Developer are collectively, the “Parties,” and singularly, a “Party”).
WHEREAS, the Agency, City and the Developer entered into the DDA which contemplates, inter
alia, for the development by Developer of certain real property located within the City of Lynwood and
described in the legal description attached hereto as Exhibit “A” and incorporated by reference herein (the
“Lands”) and the construction of a 99-unit low-income rental housing project together with a parking lot,
a community center, and a day care center situate thereon known as Park Place (the “Project”);
WHEREAS, pursuant to the DDA, the Agency provided financial assistance (“Agency Loan”) to
Developer for the development and construction of the Project as evidenced by a promissory note ;
WHEREAS, pursuant to the DDA, the City provided financial assistance to Developer (“HOME
Loan”) from funds received by the City through the HOME Investment Partnership Program (“HOME”)
and which funds from the HOME Loan are to be applied solely for the development and construction of a
Home Unit in the Project;
WHEREAS, in consideration of the terms of the Agency Loan set forth of the DDA, the Developer
agreed to maintain and operate the Project in accordance with the covenants and restrictions concerning
affordability, operation, and maintenance set forth in the DDA and that certain Regulatory Agreement and
Declaration of Covenants and Restrictions, dated December 14, 2011, and recorded in the Official Records
of the County of Los Angeles, State of California (“Records”) on December 15, 2011, as Instrument
Number 20111698362, as amended by that certain Amendment to Restrictive Covenants, dated March 1,
2014, and recorded in the Records on March 25, 2014, as Instrument Number 20140298716, and further
amended by that certain Second Amendment to Regulatory Agreement and Declaration of Covenants and
Restrictions dated as of even date herewith a recorded in the Records, together with a notice of restrictions
recorded under that certain Notice of Affordability Restrictions On Transfer of Property dated
December 14, 2011, and recorded in the Records on December 15, 2011, under Instrument
No. 20111698364, (collectively, the “Agency Regulatory Agreement”);
WHEREAS, in consideration of the terms of the HOME Loan set forth of the DDA, the Developer
agreed to maintain and operate the HOME Unit in accordance with the covenants and restrictions
concerning affordability, operation, and maintenance set forth in that certain HOME Regulatory Agreement
and Declaration of Covenants and Restrictions, dated December 14, 2011, and recorded in the Records on
December 15, 2011, as Instrument Number 20111698365, as amended by that certain Amendment to
Restrictive Covenants, dated March 1, 2014, and recorded in the Records on March 25, 2014, as Instrument
Number 20140298715, and further amended by that certain Second Amendment to HOME Regulatory
City Council Regular Meeting - Page 200 of 268
2
Second Amendment to Amended and Restated DDA
Park Place
Agreement and Declaration of Covenants and Restrictions dated as of even date herewith and recorded in
the Records (collectively, the “HOME Regulatory Agreement”);
WHEREAS, the Authority is now the successor in interest to the housing assets and functions of
the Agency pursuant to ABXI 26 (the Dissolution Act);
WHEREAS, Developer has obtained a loan (the “Loan”) from Greystone Funding Company LLC,
a Delaware limited liability company (“Lender”), to be insured by the U.S. Department of Housing and
Urban Development by and through the Secretary, his or her successors, assigns or designates (“HUD”)
under Section 207, pursuant to Section 223(f), pursuant to Section 223(a)(7) of the National Housing Act
of 1934, as amended, and to be secured by a Multifamily Deed of Trust, Assignment of Leases and Rents,
and Security Agreement (“Security Instrument”) and HUD’s form of Regulatory Agreement (“HUD
Regulatory Agreement”) and all other documents required by HUD or Lender in connection with the Loan
(collectively, the “Mortgage Loan Documents”);
WHEREAS, HUD requires the DDA be subordinated to the lien, covenants, and enforcement of
the Mortgage Loan Documents;
WHEREAS, HUD requires certain provisions of the DDA to be amended in accordance with HUD
requirements; and
WHEREAS, the Authority, City, and Developer have agreed to subordinate the DDA to the lien of
the Security Instrument and to amend the covenants and conditions of the DDA in accordance with the
terms of this Amendment.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Unless specifically defined herein, all other capitalized terms not defined in this
Amendment shall have the same meaning as set out in the DDA, as the context so requires.
2. HUD Requirements. The DDA is hereby amended to add a new Section 9 as follows:
“9. HUD REQUIREMENTS
9.1 HUD Rider. The Rider to Amended and Restated Disposition and Development
Agreement (Park Place), attached hereto as Attachment No. 12, is incorporated by reference into
this Agreement for such time as the Project is subject to a mortgage, deed of trust or security
instrument insured or held by the U.S. Department of Housing and Urban Development by and
through the Secretary, his or her successors, assigns or designates (“HUD”).”
3. The Rider to Amended and Restated Disposition and Development Agreement (Pak Place)
(“HUD Restrictive Covenants Rider”) attached to this Amendment as Exhibit “B” is hereby adopted,
attached, and incorporated by reference as Attachment No. 12 to the DDA and which HUD Restrictive
Covenants Rider may not be amended or revised without the prior written consent of HUD. To the extent
of any inconsistency between the provisions of the DDA and the provisions of the HUD Restrictive
Covenants Rider, the provisions of the HUD Restrictive Covenants Rider shall control.
4. Page iv of the Table of Contents of the DDA is hereby deleted in its entirety and replaced
with the Page iv of the Table of Contents attached to this Amendment as Exhibit “C” and is hereby adopted,
attached and incorporated by reference to the DDA.
City Council Regular Meeting - Page 201 of 268
3
Second Amendment to Amended and Restated DDA
Park Place
5. The DDA, as hereby amended, is hereby ratified and approved, and remains in full force
and effect.
6. The provisions of this Amendment shall be binding upon and inure to the benefit of the
heirs, representatives, successors and permitted assigns of the parties hereto.
7. Further Assurances. The Parties shall execute, acknowledge and deliver to the other such
other documents and instruments, and take such other actions, as either shall reasonably request as may be
necessary to carry out the intent of this Amendment.
8. Headings; Construction. The headings of the sections and paragraphs of this Amendment
are for convenience only and shall not be used to interpret this Amendment. The language of this
Amendment shall be construed as a whole according to its fair meaning and not strictly for or against any
Party.
9. Time is of the Essence. Time is of the essence in the performance of this Amendment.
10. Governing Law. This Amendment shall be construed in accordance with the laws of the
State of California and the United States of America.
11. Severability. If any provision of this Amendment is held invalid, illegal, or unenforceable
by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions
shall not be affected or impaired thereby.
12. Counterparts. This Amendment may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
[SIGNATURE PAGES FOLLOW]
City Council Regular Meeting - Page 202 of 268
S-1
Second Amendment to Amended and Restated DDA
Park Place
SIGNATURE PAGE TO
SECOND AMENDMENT TO AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(Park Place)
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
written above.
AUTHORITY:
LYNWOOD HOUSING AUTHORITY,
a public body corporate and politic
Dated: By:
Name:
Title:
ATTEST:
Name:
Tile: Secretary
APPROVED AS TO FORM:
General Counsel
[signatures continue on next page]
City Council Regular Meeting - Page 203 of 268
S-2
Second Amendment to Amended and Restated DDA
Park Place
SIGNATURE PAGE TO
SECOND AMENDMENT TO AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(Park Place)
CITY:
CITY OF LYNWOOD,
a California municipal corporation
Dated: By:
Name:
Title:
ATTEST:
Name:
Tile: Secretary
APPROVED AS TO FORM:
General Counsel
[signatures continue on next page]
City Council Regular Meeting - Page 204 of 268
S-3
Second Amendment to Amended and Restated DDA
Park Place
SIGNATURE PAGE TO
SECOND AMENDMENT TO AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT
(Park Place)
DEVELOPER:
AMCAL PARK PLACE FUND, L.P.,
a California limited partnership
By: AMCAL Multi-Housing Inc.,
a California corporation,
Its Administrative General Partner
By:
Arjun Nagarkatti, President
By: Foundation for Affordable Housing VIII, Inc.,
a California nonprofit public benefit corporation,
Its Managing General Partner
By:
Deborrah A. Willard, President
City Council Regular Meeting - Page 205 of 268
A-1
Second Amendment to Amended and Restated DDA
Park Place
EXHIBIT “A”
of Second Amendment to Amended and Restated Disposition and Development Agreement
(Park Place)
LANDS
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2 OF THE J.J. BULLIS TRACT OF SAN ANTONIO RANCHO, IN THE
CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGES 612 AND 613 OF MISCELLANEOUS RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, THE EXTERIOR LINES OF WHICH ARE MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CARLIN AVENUE, 100 FEET
WIDE, AND ATLANTIC AVENUE, 100 FEET WIDE, AS SHOWN ON MAP OF TRACT NO. 68944,
AS PER MAP RECORDED IN BOOK 1351, PAGES 22, 23 and 24 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE CENTERLINE OF SAID
CARLIN AVENUE, NORTH 71°10’40” WEST 244.83 FEET; THENCE, LEAVING SAID
CENTERLINE, NORTH 18°58’30” EAST 50.00 FEET TO THE NORTHERLY LINE OF SAID CARLIN
AVENUE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, ALONG
SAID NORTHERLY LINE, NORTH 71°10’40” WEST 223.97 FEET; THENCE, LEAVING SAID
NORTHERLY LINE, NORTH 18°58’30” EAST 496.57 FEET; THENCE, SOUTH 71°10’39” EAST
191.80 FEET; THENCE, NORTH 18°58’30” EAST 50.00 FEET; THENCE, SOUTH 71°10’39” EAST
227.00 FEET TO THE WESTERLY LINE OF SAID ATLANTIC AVENUE; THENCE, ALONG SAID
WESTERLY LINE, SOUTH 18°58’30” WEST 373.72 FEET; THENCE, LEAVING SAID WESTERLY
LINE, NORTH 71°10’40” WEST 194.83 FEET; THENCE, SOUTH 18°58’30” WEST 172.85 FEET TO
THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL A OF THAT CERTAIN LOT MERGER/LOT LINE
ADJUSTMENT, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
CERTIFICATE OF APPROVAL OF LOT MERGER NO. 2011-01, RECORDED NOVEMBER 10, 2011
AS INSTRUMENT NO. 20111531045 OF OFFICIAL RECORDS,
EXCEPT THEREFROM ONE-HALF INTEREST IN ALL THE OIL, NATURAL GAS, PETROLEUM
AND SIMILAR PRODUCTS PERTAINING TO SAID PREMISES AS DESCRIBED IN SAID
DOCUMENTS AND IN ALL OIL RIGHTS PERTAINING THERETO, FOR A PERIOD OF 10 YEARS
FROM THE DATE OF THE DEED HEREINAFTER REFERRED TO. IT BEING UNDERSTOOD
THAT THE GRANTORS THEREIN SHALL HAVE AND RETAIN A PERPETUAL RIGHT TO ONE-
HALF OF ALL BENEFITS ACCRUING FROM ANY OIL DEVELOPMENT, COMMISSION OR
BONUS, OR COMMISSION PAID OR AGREED TO BE PAID, PRIOR TO THE EXPIRATION OF
THIS RESERVATION AND THAT THE GRANTORS AND THE GRANTEES SHALL HAVE EQUAL
RIGHTS IN REGARD TO SAID OIL, GAS AND PETROLEUM PRODUCTS, AS RESERVED IN THE
DEED FROM HARRY E. MANGOLD, REGISTERED SEPTEMBER 23, 1922, AS TORRENS
DOCUMENT NO. 29000, UNDER CERTIFICATE OF TITLE NO. AV-17737, ON FILE IN THE
OFFICE OF THE REGISTRAR OF TITLES OF THE COUNTY OF LOS ANGELES.
APN: 6186-012-041 AND 6186-012-042
City Council Regular Meeting - Page 206 of 268
EXHIBIT “B”
of Second Amendment to Amended and Restated Disposition and Development Agreement
(Park Place)
ATTACHMENT NO. 12
(Park Place DDA)
Rider to Amended and Restated Disposition and Development Agreement (Park Place)
This RIDER TO AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT
AGREEMENT (Park Place) (“Rider”) is attached and made a part of that certain Amended and Restated
Disposition and Development Agreement (Park Place) dated as of July 1, 2010, by and among the
LYNWOOD HOUSING AUTHORITY, a public body, corporate and politic (the “Authority”), as
successor in interest to the housing assets and functions of the former Lynwood Redevelopment Agency,
a public body corporate and politic (the “Agency”); CITY OF LYNWOOD, a California municipal
corporation (the “Lynwood”); and AMCAL PARK PLACE FUND, L.P., a California limited partnership
(“Developer”), as amended by that certain First Amendment to Amended and Restated Disposition and
Development Agreement (Park Place) dated March 15, 2011 (collectively, the “DDA”). The Authority
and Lynwood are collectively referred to as the “City” for the purposes of this Rider.
WHEREAS, Developer has obtained financing from Greystone Funding Company LLC, a
Delaware limited liability company (“Lender”), for the benefit of the project known as Park Place
(“Project”), which loan is secured by a Multifamily Deed of Trust, Assignment of Leases and Rents, and
Security Agreement (“Security Instrument”) dated as of March 1, 2021, and recorded in the Official
Records of Los Angeles County, California (“Records”) concurrently herewith, and is insured by the
United States Department of Housing and Urban Development (“HUD”);
WHEREAS, Developer has received financial assistance from the City, which City has required
certain restrictions be recorded against the Project;
WHEREAS, City and Developer entered into the DDA with respect to the Project;
WHEREAS, the DDA contains certain affordability restrictions with respect to the Project and,
which affordability restrictions are more specifically set forth in Section 4.3.6 and Section 6.2 of the DDA
(collectively, the “Restrictive Covenants”). For greater certainty, the application of this Rider shall be
limited only against Section 4.3.6 and Section 6.2 of the DDA containing the affordability restrictions and
this Rider shall not apply against all other remaining terms and conditions of the DDA;
WHEREAS, HUD requires as a condition of its insuring Lender’s financing to the Project, that
the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and
enforcement of the Security Instrument; and
WHEREAS, the City has agreed to subordinate the Restrictive Covenants to the lien of the
Mortgage Loan in accordance with the terms of this Rider.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
City Council Regular Meeting - Page 207 of 268
(a) In the event of any conflict between any provision contained elsewhere in the Restrictive
Covenants and any provision contained in this Rider, the provision contained in this
Rider shall govern and be controlling in all respects as set forth more fully herein.
(b) The following terms shall have the following definitions:
“Code” means the Internal Revenue Code of 1986, as amended.
“HUD” means the United States Department of Housing and Urban Development.
“HUD Regulatory Agreement” means the Regulatory Agreement between Developer and
HUD with respect to the Project, as the same may be supplemented, amended or modified
from time to time.
“Lender” means Greystone Funding Company LLC, a Delaware limited liability
company, its successors and assigns.
“Mortgage Loan” means the mortgage loan made by Lender to the Developer pursuant to
the Mortgage Loan Documents with respect to the Project.
“Mortgage Loan Documents” means the Security Instrument, the HUD Regulatory
Agreement and all other documents required by HUD or Lender in connection with the
Mortgage Loan.
“National Housing Act” means the National Housing Act of 1934, as amended.
“Program Obligations” has the meaning set forth in the Security Instrument.
“Residual Receipts” has the meaning specified in the Regulatory Agreement.
“Security Instrument” means the Multifamily Deed of Trust, Assignment of Leases and
Rents and Security Agreement from Developer in favor of Lender, as the same may be
supplemented, amended or modified.
“Surplus Cash” has the meaning specified in the HUD Regulatory Agreement.
(c) Notwithstanding anything in the Restrictive Covenants to the contrary, the provisions
hereof are expressly subordinate to (i) the Mortgage Loan Documents, including without
limitation, the Security Instrument, and (ii) Program Obligations (the Mortgage Loan
Documents and Program Obligations are collectively referred to herein as the “HUD
Requirements”). Developer covenants that it will not take or permit any action that
would result in a violation of the Code, HUD Requirements or Restrictive Covenants. In
the event of any conflict between the provisions of the Restrictive Covenants and the
provisions of the HUD Requirements, HUD shall be and remains entitled to enforce the
HUD Requirements. Notwithstanding the foregoing, nothing herein limits the City’s
ability to enforce the terms of the Restrictive Covenants, provided such terms do not
conflict with statutory provisions of the National Housing Act or the regulations related
thereto. The Developer represents and warrants that to the best of Developer’s
knowledge the Restrictive Covenants impose no terms or requirements that conflict with
the National Housing Act and related regulations.
City Council Regular Meeting - Page 208 of 268
(d) In the event of foreclosure (or deed in lieu of foreclosure), the Restrictive Covenants
(including without limitation, any and all land use covenants and/or restrictions contained
herein) shall automatically terminate.
(e) Developer and the City acknowledge that Developer’s failure to comply with the
covenants provided in the Restrictive Covenants does not and shall not serve as a basis
for default under the HUD Requirements, unless a default also arises under the HUD
Requirements.
(f) Except for the City’s reporting requirements, in enforcing the Restrictive Covenants the
City will not file any claim against the Project, the Mortgage Loan proceeds, any reserve
or deposit required by HUD in connection with the Security Instrument or HUD
Regulatory Agreement, or the rents or other income from the property other than a claim
against:
i. Available Surplus Cash, if the Developer is a for-profit entity;
ii. Available distributions of Surplus Cash and Residual Receipts authorized for release
by HUD, if the Developer is a limited distribution entity;
iii. Available Residual Receipts authorized by HUD, if the Developer is a non-profit
entity; or
iv. A HUD-approved collateral assignment of any HAP contract.
(g) For so long as the Mortgage Loan is outstanding, Developer and City shall not further
amend the Restrictive Covenants, with the exception of clerical errors or administrative
correction of non-substantive matters, without HUD’s prior written consent.
(h) Subject to the HUD Regulatory Agreement, the City may require the Developer to
indemnify and hold the City harmless from all loss, cost, damage and expense arising
from any claim or proceeding instituted against City relating to the subordination and
covenants set forth in the Restrictive Covenants, provided, however, that Developer’s
obligation to indemnify and hold the City harmless shall be limited to available surplus
cash and/or residual receipts of the Developer.
(i) Intentionally omitted.
City Council Regular Meeting - Page 209 of 268
EXHIBIT “C”
of Second Amendment to Amended and Restated Disposition and Development Agreement
(Park Place)
TABLE OF CONTENTS (cont.)
ATTACHMENT NO. 1 Legal Description for the Site
ATTACHMENT NO. 2 - Site Map
ATTACHMENT NO. 3 - Schedule of Performance
ATTACHMENT NO. 4 - Scope of Development
ATTACHMENT NO. 5 - Agency Note
ATTACHMENT NO. 6 - Agency Deed of Trust
ATTACHMENT NO. 7 - Certificate of Completion
ATTACHMENT NO. 8 - Regulatory Agreement
ATTACHMENT NO. 9 - Grant Deed
ATTACHMENT NO. 10 - Restrictions on Transfer of Property
ATTACHMENT NO. 11 - HOME Regulatory Agreement
ATTACHMENT NO. 12 - Rider to Amended and Restated Disposition and Development
Agreement (Park Place)
City Council Regular Meeting - Page 210 of 268
Lynwood Housing Authority – Second Amendment to
Regulatory Agreement and Declaration of Covenants and Restrictions
Recording Requested By
and When Recorded Mail to:
Lynwood Housing Authority
113330 Bullis Road
Lynwood, CA 90262
Attention: _______________
SECOND AMENDMENT TO REGULATORY AGREEMENT
AND DECLARATION OF COVENANTS AND RESTRICTIONS
This SECOND AMENDMENT TO REGULATORY AGREEMENT AND DECLARATION OF
COVENANTS AND RESTRICTIONS (the “Amendment”) is made as of ______________, 2021,
amending that certain Regulatory Agreement and Declaration of Covenants and Restrictions, dated
December 14, 2011, and recorded in the Official Records of the County of Los Angeles, State of
California (“Records”) on December 15, 2011, as Instrument Number 20111698362, as amended by that
certain Amendment to Restrictive Covenants, dated March 1, 2014, (the “First Amendment”) and
recorded in the Records on March 25, 2014, as Instrument Number 20140298716, together with a notice
of restrictions recorded under that certain Notice of Affordability Restrictions On Transfer of Property
dated December 14, 2011, and recorded in the Records on December 15, 2011, under Instrument
No. 20111698364 (collectively, the “Regulatory Agreement”) by and among LYNWOOD HOUSING
AUTHORITY, a public body, corporate and politic (the “Authority”), as successor in interest to the
housing assets and functions of the former Lynwood Redevelopment Agency, a public body corporate
and politic (the “Agency”), and AMCAL PARK PLACE FUND, L.P., a California limited partnership
(“Developer” and together with the Authority are collectively, the “Parties,” and singularly, a “Party”).
WHEREAS, the Developer is the owner of that certain real property located within the City of
Lynwood, California and described in the legal description attached hereto as Exhibit “A” and
incorporated by reference herein (the “Lands”) on which that certain development consisting of a ninety-
nine (99) unit affordable rental housing project thereon known as the Park Place Apartments (the
“Project”);
WHEREAS, the Agency provided financial assistance to the Developer for the construction of the
Project;
WHEREAS, the Authority is now the successor in interest to the housing assets and functions of
the Agency pursuant to ABXI 26 (the Dissolution Act);
WHEREAS, Developer has obtained a loan (the “Loan”) from Greystone Funding Company
LLC, a Delaware limited liability company (“Lender”), to be insured by the U.S. Department of Housing
and Urban Development by and through the Secretary, his or her successors, assigns or designates
(“HUD”), under Section 207, pursuant to 223(f), pursuant to Section 223(a)(7) of the National Housing
Act of 1934, as amended, and to be secured by a Multifamily Deed of Trust, Assignment of Leases and
Rents, and Security Agreement (“Security Instrument”) and HUD’s form of Regulatory Agreement
(“HUD Regulatory Agreement”) and all other documents required by HUD or Lender in connection with
the Loan (collectively, the “Mortgage Loan Documents”);
WHEREAS, as a condition of insuring the Loan, HUD requires that the Regulatory Agreement be
amended to be subordinate to the Mortgage Loan Documents; and
City Council Regular Meeting - Page 211 of 268
2
Lynwood Housing Authority – Second Amendment to
Regulatory Agreement and Declaration of Covenants and Restrictions
WHEREAS, the Authority and Developer have agreed to amend the Regulatory Agreement to in
accordance with the terms of this Amendment.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt
and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Unless specifically defined herein, all other capitalized terms not defined in this
Amendment shall have the same meaning as set out in the Regulatory Agreement, as the context so
requires.
2. HUD Requirements. The Regulatory Agreement is hereby amended to add a new
Section W as follows:
“W. HUD REQUIREMENTS. The Rider to Regulatory Agreement and Declaration
of Covenants and Restrictions, attached hereto as Exhibit “B” is incorporated by reference into
this Agreement for such time as the Project is subject to a mortgage, deed of trust or security
instrument insured or held by the U.S. Department of Housing and Urban Development by and
through the Secretary, his or her successors, assigns or designates (“HUD”).”
3. The Rider to Regulatory Agreement and Declaration of Covenants and Restrictions
(“HUD Restrictive Covenants Rider”) attached to this Amendment as Exhibit ”B” is hereby adopted,
attached and incorporated by reference to the Regulatory Agreement and which HUD Restrictive
Covenants Rider may not be amended or revised without the prior written consent of HUD. To the extent
of any inconsistency between the provisions of the Regulatory Agreement including, but not limited to,
the First Amendment, and the provisions of this HUD Restrictive Covenants Rider, the provisions of the
HUD Restrictive Covenants Rider shall control.
4. The Regulatory Agreement, as hereby amended, is hereby ratified and approved, and
remains in full force and effect.
5. The provisions of this Amendment shall be binding upon and inure to the benefit of the
heirs, representatives, successors and permitted assigns of the Parties hereto.
6. Further Assurances. The Parties shall execute, acknowledge, and deliver to the other
such other documents and instruments, and take such other actions, as either shall reasonably request as
may be necessary to carry out the intent of this Amendment.
7. Headings; Construction. The headings of the sections and paragraphs of this Amendment
are for convenience only and shall not be used to interpret this Amendment. The language of this
Amendment shall be construed as a whole according to its fair meaning and not strictly for or against any
Party.
8. Time is of the Essence. Time is of the essence in the performance of this Amendment.
9. Governing Law. This Amendment shall be construed in accordance with the laws of the
State of California and the United States of America.
10. Severability. If any provision of this Amendment is held invalid, illegal, or unenforceable
by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions
shall not be affected or impaired thereby.
City Council Regular Meeting - Page 212 of 268
3
Lynwood Housing Authority – Second Amendment to
Regulatory Agreement and Declaration of Covenants and Restrictions
11. Counterparts. This Amendment may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
[SIGNATURE PAGES FOLLOW]
City Council Regular Meeting - Page 213 of 268
SIGNATURE PAGE TO
SECOND AMENDMENT TO REGULATORY AGREEMENT
AND DECLARATION OF COVENANTS AND RESTRICTIONS
LYNWOOD HOUSING AUTHORITY,
a public body, corporate and politic
By:
Name:
Title:
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
) SS
County of ______________ )
On __________________________, 2021, before me, ___________________________, a notary public,
personally appeared ______________________________________, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
City Council Regular Meeting - Page 214 of 268
SIGNATURE PAGE TO
SECOND AMENDMENT TO REGULATORY AGREEMENT
AND DECLARATION OF COVENANTS AND RESTRICTIONS
AMCAL PARK PLACE FUND, L.P.,
a California limited partnership
By: AMCAL Multi-Housing Inc.,
a California corporation,
Its Administrative General Partner
By:
Arjun Nagarkatti, President
By: Foundation for Affordable Housing VIII, Inc.,
a California nonprofit public benefit corporation,
Its Managing General Partner
By:
Deborrah A. Willard
[NOTARY ACKNOWLEDGEMENTS FOLLOW]
City Council Regular Meeting - Page 215 of 268
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
) SS
County of ______________ )
On __________________________, 2021, before me, ___________________________, a notary public,
personally appeared Arjun Nagarkatti, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he/she executed
the same in his authorized capacity, and that by his/her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
City Council Regular Meeting - Page 216 of 268
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
) SS
County of ______________ )
On __________________________, 2021, before me, ___________________________, a notary public,
personally appeared Deborrah A. Willard, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same in his authorized capacity, and that by his/her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
City Council Regular Meeting - Page 217 of 268
A-1
EXHIBIT “A”
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2 OF THE J.J. BULLIS TRACT OF SAN ANTONIO RANCHO, IN THE
CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGES 612 AND 613 OF MISCELLANEOUS RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, THE EXTERIOR LINES OF WHICH ARE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CARLIN AVENUE, 100
FEET WIDE, AND ATLANTIC AVENUE, 100 FEET WIDE, AS SHOWN ON MAP OF TRACT NO.
68944, AS PER MAP RECORDED IN BOOK 1351, PAGES 22, 23 and 24 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE CENTERLINE OF
SAID CARLIN AVENUE, NORTH 71°10’40” WEST 244.83 FEET; THENCE, LEAVING SAID
CENTERLINE, NORTH 18°58’30” EAST 50.00 FEET TO THE NORTHERLY LINE OF SAID
CARLIN AVENUE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE,
ALONG SAID NORTHERLY LINE, NORTH 71°10’40” WEST 223.97 FEET; THENCE, LEAVING
SAID NORTHERLY LINE, NORTH 18°58’30” EAST 496.57 FEET; THENCE, SOUTH 71°10’39”
EAST 191.80 FEET; THENCE, NORTH 18°58’30” EAST 50.00 FEET; THENCE, SOUTH 71°10’39”
EAST 227.00 FEET TO THE WESTERLY LINE OF SAID ATLANTIC AVENUE; THENCE, ALONG
SAID WESTERLY LINE, SOUTH 18°58’30” WEST 373.72 FEET; THENCE, LEAVING SAID
WESTERLY LINE, NORTH 71°10’40” WEST 194.83 FEET; THENCE, SOUTH 18°58’30” WEST
172.85 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL A OF THAT CERTAIN LOT MERGER/LOT LINE
ADJUSTMENT, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
CERTIFICATE OF APPROVAL OF LOT MERGER NO. 2011-01, RECORDED NOVEMBER 10,
2011 AS INSTRUMENT NO. 20111531045 OF OFFICIAL RECORDS,
EXCEPT THEREFROM ONE-HALF INTEREST IN ALL THE OIL, NATURAL GAS, PETROLEUM
AND SIMILAR PRODUCTS PERTAINING TO SAID PREMISES AS DESCRIBED IN SAID
DOCUMENTS AND IN ALL OIL RIGHTS PERTAINING THERETO, FOR A PERIOD OF 10
YEARS FROM THE DATE OF THE DEED HEREINAFTER REFERRED TO. IT BEING
UNDERSTOOD THAT THE GRANTORS THEREIN SHALL HAVE AND RETAIN A PERPETUAL
RIGHT TO ONE-HALF OF ALL BENEFITS ACCRUING FROM ANY OIL DEVELOPMENT,
COMMISSION OR BONUS, OR COMMISSION PAID OR AGREED TO BE PAID, PRIOR TO THE
EXPIRATION OF THIS RESERVATION AND THAT THE GRANTORS AND THE GRANTEES
SHALL HAVE EQUAL RIGHTS IN REGARD TO SAID OIL, GAS AND PETROLEUM PRODUCTS,
AS RESERVED IN THE DEED FROM HARRY E. MANGOLD, REGISTERED SEPTEMBER 23,
1922, AS TORRENS DOCUMENT NO. 29000, UNDER CERTIFICATE OF TITLE NO. AV-17737,
ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF THE COUNTY OF LOS ANGELES.
APN: 6186-012-041 AND 6186-012-042
City Council Regular Meeting - Page 218 of 268
B-1
EXHIBIT “B”
(of Second Amendment to Regulatory Agreement
and Declaration of Covenants and Restrictions)
Rider to Regulatory Agreement and Declaration of Covenants and Restrictions
This RIDER TO REGULATORY AGREEMENT AND DECLARATION OF COVENANTS
AND RESTRICTIONS (“Rider”) is attached and made a part of that certain Regulatory Agreement and
Declaration of Covenants and Restrictions, dated December 14, 2011, and recorded in the Official
Records of the County of Los Angeles, State of California (“Records”) on December 15, 2011, as
Instrument Number 20111698362, as amended, by and between AMCAL Park Place Fund, L.P., a
California limited partnership (“Developer”), and the Lynwood Housing Authority, a public body,
corporate and politic (the “Authority”), as successor in interest to the housing assets and functions of the
former Lynwood Redevelopment Agency, a public body corporate and politic (the “Agency”).
WHEREAS, Developer has obtained financing from Greystone Funding Company LLC, a
Delaware limited liability company (“Lender”) for the benefit of the project known as Park Place
Apartments (“Project”), which loan is secured by a Multifamily Deed of Trust, Assignment of Leases and
Rents, and Security Agreement (“Security Instrument”) dated as of ______________, 2021, and recorded
in the Records, and is insured by the United States Department of Housing and Urban Development
(“HUD”);
WHEREAS, Developer has received a loan from the Agency, which Agency has required certain
restrictions be recorded against the Project;
WHEREAS, Developer and Agency (Authority as successor to Agency) entered into that certain
Regulatory Agreement and Declaration of Covenants and Restrictions, dated December 14, 2011, and
recorded in the Official Records of the County of Los Angeles, State of California (“Records”) on
December 15, 2011, as Instrument Number 20111698362, as amended by that certain Amendment to
Restrictive Covenants, dated March 1, 2014, and recorded in the Records on March 25, 2014, as
Instrument Number 20140298716, together with a notice of restrictions recorded under that certain Notice
of Affordability Restrictions On Transfer of Property dated December 14, 2011, and recorded in the
Records on December 15, 2011, under Instrument No. 20111698364 (collectively, “Restrictive
Covenants”);
WHEREAS, HUD requires as a condition of its insuring Lender’s financing to the Project, that
the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and
enforcement of the Security Instrument; and
WHEREAS, the Authority has agreed to subordinate the Restrictive Covenants to the lien of the
Mortgage Loan in accordance with the terms of this Rider.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
(a) In the event of any conflict between any provision contained elsewhere in the Restrictive
Covenants and any provision contained in this Rider, the provision contained in this
Rider shall govern and be controlling in all respects as set forth more fully herein.
City Council Regular Meeting - Page 219 of 268
B-2
(b) The following terms shall have the following definitions:
“Code” means the Internal Revenue Code of 1986, as amended.
“HUD” means the United States Department of Housing and Urban Development.
“HUD Regulatory Agreement” means the Regulatory Agreement between Developer and
HUD with respect to the Project, as the same may be supplemented, amended or modified
from time to time.
“Lender” means Greystone Funding Company LLC, a Delaware limited liability
company, its successors and assigns.
“Mortgage Loan” means the mortgage loan made by Lender to the Developer pursuant to
the Mortgage Loan Documents with respect to the Project.
“Mortgage Loan Documents” means the Security Instrument, the HUD Regulatory
Agreement and all other documents required by HUD or Lender in connection with the
Mortgage Loan.
“National Housing Act” means the National Housing Act of 1934, as amended.
“Program Obligations” has the meaning set forth in the Security Instrument.
“Residual Receipts” has the meaning specified in the Program Obligations.
“Security Instrument” means the Multifamily Deed of Trust, Assignment of Leases and
Rents and Security Agreement from Developer in favor of Lender, as the same may be
supplemented, amended or modified.
“Surplus Cash” has the meaning specified in the HUD Regulatory Agreement.
(c) Notwithstanding anything in the Restrictive Covenants to the contrary, the provisions
hereof are expressly subordinate to (i) the Mortgage Loan Documents, including without
limitation, the Security Instrument, and (ii) Program Obligations (the Mortgage Loan
Documents and Program Obligations are collectively referred to herein as the “HUD
Requirements”). Developer covenants that it will not take or permit any action that
would result in a violation of the Code, HUD Requirements or Restrictive Covenants. In
the event of any conflict between the provisions of the Restrictive Covenants and the
provisions of the HUD Requirements, HUD shall be and remains entitled to enforce the
HUD Requirements. Notwithstanding the foregoing, nothing herein limits the
Authority’s ability to enforce the terms of the Restrictive Covenants, provided such terms
do not conflict with statutory provisions of the National Housing Act or the regulations
related thereto. The Developer represents and warrants that to the best of Developer’s
knowledge the Restrictive Covenants impose no terms or requirements that conflict with
the National Housing Act and related regulations.
(d) In the event of foreclosure (or deed in lieu of foreclosure), the Restrictive Covenants
(including without limitation, any and all land use covenants and/or restrictions contained
herein) shall automatically terminate.
City Council Regular Meeting - Page 220 of 268
B-3
(e) Developer and the Authority acknowledge that Developer’s failure to comply with the
covenants provided in the Restrictive Covenants does not and shall not serve as a basis
for default under the HUD Requirements, unless a default also arises under the HUD
Requirements.
(f) Except for the Authority’s reporting requirements, in enforcing the Restrictive Covenants
the Authority will not file any claim against the Project, the Mortgage Loan proceeds, any
reserve or deposit required by HUD in connection with the Security Instrument or HUD
Regulatory Agreement, or the rents or other income from the property other than a claim
against:
i. Available surplus cash, if the Developer is a for-profit entity;
ii. Available distributions of surplus cash and residual receipts authorized for release by
HUD, if the Developer is a limited distribution entity;
iii. Available residual receipts authorized by HUD, if the Developer is a non-profit
entity; or
iv. A HUD-approved collateral assignment of any HAP contract.
(g) For so long as the Mortgage Loan is outstanding, Developer and Authority shall not
further amend the Restrictive Covenants, with the exception of clerical errors or
administrative correction of non-substantive matters, without HUD’s prior written
consent.
(h) Subject to the HUD Regulatory Agreement, the Authority may require the Developer to
indemnify and hold the Authority harmless from all loss, cost, damage and expense
arising from any claim or proceeding instituted against Authority relating to the
subordination and covenants set forth in the Restrictive Covenants, provided, however,
that Developer’s obligation to indemnify and hold the Authority harmless shall be limited
to available surplus cash and/or residual receipts of the Developer.
(i) Intentionally omitted.
City Council Regular Meeting - Page 221 of 268
City of Lynwood – Second Amendment to
HOME Regulatory Agreement and Declaration of Covenants and Restrictions
Recording Requested By
and When Recorded Mail to:
City of Lynwood
113330 Bullis Road
Lynwood, CA 90262
Attention: City Manager
SECOND AMENDMENT TO HOME REGULATORY AGREEMENT
AND DECLARATION OF COVENANTS AND RESTRICTIONS
This SECOND AMENDMENT TO HOME REGULATORY AGREEMENT AND
DECLARATION OF COVENANTS AND RESTRICTIONS (the “Amendment”) is made as of
______________, 2021, amending that certain HOME Regulatory Agreement and Declaration of
Covenants and Restrictions, dated December 14, 2011, and recorded in the Official Records of the County
of Los Angeles, State of California (“Records”) on December 15, 2011, as Instrument Number
20111698365, as amended by that certain Amendment to Restrictive Covenants, dated March 1, 2014,
(the “First Amendment”) and recorded in the Records on March 25, 2014, as Instrument Number
20140298715 (collectively, the “Regulatory Agreement”) by and among CITY OF LYNWOOD, a
California municipal corporation (the “City”), and AMCAL PARK PLACE FUND, L.P., a California
limited partnership (“Borrower” and together with the City are collectively, the “Parties,” and singularly,
a “Party”).
WHEREAS, the Borrower is the owner of that certain real property located within the City of
Lynwood, California and described in the legal description attached hereto as Exhibit “A” and
incorporated by reference herein (the “Lands”) on which that certain development consisting of a ninety-
nine (99) unit affordable rental housing project thereon known as the Park Place Apartments (the
“Project”);
WHEREAS, the City provided financial assistance to the Borrower by way of a forgivable loan
(the “Loan”) from funds received by the City through the HOME Investment Partnerships Program
(“HOME Program”) for the development of a HOME Unit;
WHEREAS, as a condition of the Loan, the City and Borrower entered into the Regulatory
Agreement which sets forth certain use restrictions as required under the HOME Program;
WHEREAS, Borrower has obtained a loan (the “FHA Loan”) from Greystone Funding Company
LLC, a Delaware limited liability company (“Lender”), to be insured by the U.S. Department of Housing
and Urban Development by and through the Secretary, his or her successors, assigns or designates
(“HUD”), under Section 207, pursuant to 223(f), pursuant to Section 223(a)(7) of the National Housing
Act of 1934, as amended, and to be secured by a Multifamily Deed of Trust, Assignment of Leases and
Rents, and Security Agreement (“Security Instrument”) and HUD’s form of Regulatory Agreement
(“HUD Regulatory Agreement”) and all other documents required by HUD or Lender in connection with
the FHA Loan (collectively, the “Mortgage Loan Documents”);
WHEREAS, as a condition of insuring the FHA Loan, HUD requires that the Regulatory
Agreement be amended to be subordinate to the Mortgage Loan Documents; and
City Council Regular Meeting - Page 222 of 268
2
City of Lynwood – Second Amendment to
HOME Regulatory Agreement and Declaration of Covenants and Restrictions
WHEREAS, the City and Borrower have agreed to amend the Regulatory Agreement to in
accordance with the terms of this Amendment.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt
and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Unless specifically defined herein, all other capitalized terms not defined in this
Amendment shall have the same meaning as set out in the Regulatory Agreement, as the context so
requires.
2. HUD Requirements. The Regulatory Agreement is hereby amended to add a new
Section 29 as follows:
“29. HUD REQUIREMENTS. The Rider to HOME Regulatory Agreement
and Declaration of Covenants and Restrictions, attached hereto as Exhibit D is
incorporated by reference into this Agreement for such time as the Project is subject to a
mortgage, deed of trust or security instrument insured or held by the U.S. Department of
Housing and Urban Development by and through the Secretary, his or her successors,
assigns or designates (“HUD”).”
3. The Rider to HOME Regulatory Agreement and Declaration of Covenants and
Restrictions (“HUD Restrictive Covenants Rider”) attached to this Amendment as Exhibit ”B” is hereby
adopted, attached and incorporated by reference as Exhibit D to the Regulatory Agreement and which
HUD Restrictive Covenants Rider may not be amended or revised without the prior written consent of
HUD. To the extent of any inconsistency between the provisions of the Regulatory Agreement including,
but not limited to, the First Amendment, and the provisions of this HUD Restrictive Covenants Rider, the
provisions of the HUD Restrictive Covenants Rider shall control.
4. The Regulatory Agreement, as hereby amended, is hereby ratified and approved, and
remains in full force and effect.
5. The provisions of this Amendment shall be binding upon and inure to the benefit of the
heirs, representatives, successors and permitted assigns of the Parties hereto.
6. Further Assurances. The Parties shall execute, acknowledge, and deliver to the other
such other documents and instruments, and take such other actions, as either shall reasonably request as
may be necessary to carry out the intent of this Amendment.
7. Headings; Construction. The headings of the sections and paragraphs of this Amendment
are for convenience only and shall not be used to interpret this Amendment. The language of this
Amendment shall be construed as a whole according to its fair meaning and not strictly for or against any
Party.
8. Time is of the Essence. Time is of the essence in the performance of this Amendment.
9. Governing Law. This Amendment shall be construed in accordance with the laws of the
State of California and the United States of America.
10. Severability. If any provision of this Amendment is held invalid, illegal, or unenforceable
by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions
shall not be affected or impaired thereby.
City Council Regular Meeting - Page 223 of 268
3
City of Lynwood – Second Amendment to
HOME Regulatory Agreement and Declaration of Covenants and Restrictions
11. Counterparts. This Amendment may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
[SIGNATURE PAGES FOLLOW]
City Council Regular Meeting - Page 224 of 268
SIGNATURE PAGE TO
SECOND AMENDMENT TO HOME REGULATORY AGREEMENT
AND DECLARATION OF COVENANTS AND RESTRICTIONS
CITY OF LYNWOOD,
a California municipal corporation
By:
Name:
Title:
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
) SS
County of ______________ )
On __________________________, 2021, before me, ___________________________, a notary public,
personally appeared ______________________________________, who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
City Council Regular Meeting - Page 225 of 268
SIGNATURE PAGE TO
SECOND AMENDMENT TO HOME REGULATORY AGREEMENT
AND DECLARATION OF COVENANTS AND RESTRICTIONS
AMCAL PARK PLACE FUND, L.P.,
a California limited partnership
By: AMCAL Multi-Housing Inc.,
a California corporation,
Its Administrative General Partner
By:
Arjun Nagarkatti, President
By: Foundation for Affordable Housing VIII, Inc.,
a California nonprofit public benefit corporation,
Its Managing General Partner
By:
Deborrah A. Willard, President
[NOTARY ACKNOWLEDGEMENTS FOLLOW]
City Council Regular Meeting - Page 226 of 268
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
) SS
County of ______________ )
On __________________________, 2021, before me, ___________________________, a notary public,
personally appeared Arjun Nagarkatti, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he/she executed
the same in his authorized capacity, and that by his/her signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
City Council Regular Meeting - Page 227 of 268
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California )
) SS
County of ______________ )
On __________________________, 2021, before me, ___________________________, a notary public,
personally appeared Deborrah A. Willard, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same in his authorized capacity, and that by his/her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
City Council Regular Meeting - Page 228 of 268
A-1
EXHIBIT “A”
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2 OF THE J.J. BULLIS TRACT OF SAN ANTONIO RANCHO, IN THE
CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGES 612 AND 613 OF MISCELLANEOUS RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, THE EXTERIOR LINES OF WHICH ARE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CARLIN AVENUE, 100
FEET WIDE, AND ATLANTIC AVENUE, 100 FEET WIDE, AS SHOWN ON MAP OF TRACT NO.
68944, AS PER MAP RECORDED IN BOOK 1351, PAGES 22, 23 and 24 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE CENTERLINE OF
SAID CARLIN AVENUE, NORTH 71°10’40” WEST 244.83 FEET; THENCE, LEAVING SAID
CENTERLINE, NORTH 18°58’30” EAST 50.00 FEET TO THE NORTHERLY LINE OF SAID
CARLIN AVENUE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE,
ALONG SAID NORTHERLY LINE, NORTH 71°10’40” WEST 223.97 FEET; THENCE, LEAVING
SAID NORTHERLY LINE, NORTH 18°58’30” EAST 496.57 FEET; THENCE, SOUTH 71°10’39”
EAST 191.80 FEET; THENCE, NORTH 18°58’30” EAST 50.00 FEET; THENCE, SOUTH 71°10’39”
EAST 227.00 FEET TO THE WESTERLY LINE OF SAID ATLANTIC AVENUE; THENCE, ALONG
SAID WESTERLY LINE, SOUTH 18°58’30” WEST 373.72 FEET; THENCE, LEAVING SAID
WESTERLY LINE, NORTH 71°10’40” WEST 194.83 FEET; THENCE, SOUTH 18°58’30” WEST
172.85 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL A OF THAT CERTAIN LOT MERGER/LOT LINE
ADJUSTMENT, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
CERTIFICATE OF APPROVAL OF LOT MERGER NO. 2011-01, RECORDED NOVEMBER 10,
2011 AS INSTRUMENT NO. 20111531045 OF OFFICIAL RECORDS,
EXCEPT THEREFROM ONE-HALF INTEREST IN ALL THE OIL, NATURAL GAS, PETROLEUM
AND SIMILAR PRODUCTS PERTAINING TO SAID PREMISES AS DESCRIBED IN SAID
DOCUMENTS AND IN ALL OIL RIGHTS PERTAINING THERETO, FOR A PERIOD OF 10
YEARS FROM THE DATE OF THE DEED HEREINAFTER REFERRED TO. IT BEING
UNDERSTOOD THAT THE GRANTORS THEREIN SHALL HAVE AND RETAIN A PERPETUAL
RIGHT TO ONE-HALF OF ALL BENEFITS ACCRUING FROM ANY OIL DEVELOPMENT,
COMMISSION OR BONUS, OR COMMISSION PAID OR AGREED TO BE PAID, PRIOR TO THE
EXPIRATION OF THIS RESERVATION AND THAT THE GRANTORS AND THE GRANTEES
SHALL HAVE EQUAL RIGHTS IN REGARD TO SAID OIL, GAS AND PETROLEUM PRODUCTS,
AS RESERVED IN THE DEED FROM HARRY E. MANGOLD, REGISTERED SEPTEMBER 23,
1922, AS TORRENS DOCUMENT NO. 29000, UNDER CERTIFICATE OF TITLE NO. AV-17737,
ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF THE COUNTY OF LOS ANGELES.
APN: 6186-012-041 AND 6186-012-042
City Council Regular Meeting - Page 229 of 268
B-1
EXHIBIT “B”
(of Second Amendment to HOME Regulatory Agreement
and Declaration of Covenants and Restrictions)
“EXHIBIT D
(to HOME Regulatory Agreement and Declaration of Covenants and Restrictions)
Rider to HOME Regulatory Agreement and Declaration of Covenants and Restrictions
This RIDER TO HOME REGULATORY AGREEMENT AND DECLARATION OF
COVENANTS AND RESTRICTIONS (“Rider”) is attached and made a part of that certain HOME
Regulatory Agreement and Declaration of Covenants and Restrictions, dated December 14, 2011, and
recorded in the Official Records of the County of Los Angeles, State of California (“Records”) on
December 15, 2011, as Instrument Number 20111698365, as amended, by and between AMCAL Park
Place Fund, L.P., a California limited partnership (“Borrower”), and the City of Lynwood, a California
municipal corporation (the “City”).
WHEREAS, Borrower has obtained financing from Greystone Funding Company LLC, a
Delaware limited liability company (“Lender”) for the benefit of the project known as Park Place
Apartments (“Project”), which loan is secured by a Multifamily Deed of Trust, Assignment of Leases and
Rents, and Security Agreement (“Security Instrument”) dated as of ______________, 2021, and recorded
in the Records, and is insured by the United States Department of Housing and Urban Development
(“HUD”);
WHEREAS, Borrower has received a loan from the City, which City has required certain
restrictions be recorded against the Project;
WHEREAS, Borrower and City entered into that certain HOME Regulatory Agreement and
Declaration of Covenants and Restrictions, dated December 14, 2011, and recorded in the Official
Records of the County of Los Angeles, State of California (“Records”) on December 15, 2011, as
Instrument Number 20111698365, as amended by that certain Amendment to Restrictive Covenants,
dated March 1, 2014, and recorded in the Records on March 25, 2014, as Instrument Number
20140298715 (collectively, “Restrictive Covenants”);
WHEREAS, HUD requires as a condition of its insuring Lender’s financing to the Project, that
the lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and
enforcement of the Security Instrument; and
WHEREAS, the City has agreed to subordinate the Restrictive Covenants to the lien of the
Mortgage Loan in accordance with the terms of this Rider.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
(a) In the event of any conflict between any provision contained elsewhere in the Restrictive
Covenants and any provision contained in this Rider, the provision contained in this
Rider shall govern and be controlling in all respects as set forth more fully herein.
(b) The following terms shall have the following definitions:
“Code” means the Internal Revenue Code of 1986, as amended.
City Council Regular Meeting - Page 230 of 268
B-2
“HUD” means the United States Department of Housing and Urban Development.
“HUD Regulatory Agreement” means the Regulatory Agreement between Borrower and
HUD with respect to the Project, as the same may be supplemented, amended or modified
from time to time.
“Lender” means Greystone Funding Company LLC, a Delaware limited liability
company, its successors and assigns.
“Mortgage Loan” means the mortgage loan made by Lender to the Borrower pursuant to
the Mortgage Loan Documents with respect to the Project.
“Mortgage Loan Documents” means the Security Instrument, the HUD Regulatory
Agreement and all other documents required by HUD or Lender in connection with the
Mortgage Loan.
“National Housing Act” means the National Housing Act of 1934, as amended.
“Program Obligations” has the meaning set forth in the Security Instrument.
“Residual Receipts” has the meaning specified in the Program Obligations.
“Security Instrument” means the Multifamily Deed of Trust, Assignment of Leases and
Rents and Security Agreement from Borrower in favor of Lender, as the same may be
supplemented, amended or modified.
“Surplus Cash” has the meaning specified in the HUD Regulatory Agreement.
(c) Notwithstanding anything in the Restrictive Covenants to the contrary, the provisions
hereof are expressly subordinate to (i) the Mortgage Loan Documents, including without
limitation, the Security Instrument, and (ii) Program Obligations (the Mortgage Loan
Documents and Program Obligations are collectively referred to herein as the “HUD
Requirements”). Borrower covenants that it will not take or permit any action that would
result in a violation of the Code, HUD Requirements or Restrictive Covenants. In the
event of any conflict between the provisions of the Restrictive Covenants and the
provisions of the HUD Requirements, HUD shall be and remains entitled to enforce the
HUD Requirements. Notwithstanding the foregoing, nothing herein limits the City’s
ability to enforce the terms of the Restrictive Covenants, provided such terms do not
conflict with statutory provisions of the National Housing Act or the regulations related
thereto. The Borrower represents and warrants that to the best of Borrower’s knowledge
the Restrictive Covenants impose no terms or requirements that conflict with the National
Housing Act and related regulations.
(d) In the event of foreclosure (or deed in lieu of foreclosure), the Restrictive Covenants
(including without limitation, any and all land use covenants and/or restrictions contained
herein) shall automatically terminate.
(e) Borrower and the City acknowledge that Borrower’s failure to comply with the covenants
provided in the Restrictive Covenants does not and shall not serve as a basis for default
under the HUD Requirements, unless a default also arises under the HUD Requirements.
City Council Regular Meeting - Page 231 of 268
B-3
(f) Except for the City’s reporting requirements, in enforcing the Restrictive Covenants the
City will not file any claim against the Project, the Mortgage Loan proceeds, any reserve
or deposit required by HUD in connection with the Security Instrument or HUD
Regulatory Agreement, or the rents or other income from the property other than a claim
against:
i. Available surplus cash, if the Borrower is a for-profit entity;
ii. Available distributions of surplus cash and residual receipts authorized for release by
HUD, if the Borrower is a limited distribution entity;
iii. Available residual receipts authorized by HUD, if the Borrower is a non-profit entity;
or
iv. A HUD-approved collateral assignment of any HAP contract.
(g) For so long as the Mortgage Loan is outstanding, Borrower and City shall not further
amend the Restrictive Covenants, with the exception of clerical errors or administrative
correction of non-substantive matters, without HUD’s prior written consent.
(h) Subject to the HUD Regulatory Agreement, the City may require the Borrower to
indemnify and hold the City harmless from all loss, cost, damage and expense arising
from any claim or proceeding instituted against City relating to the subordination and
covenants set forth in the Restrictive Covenants, provided, however, that Borrower’s
obligation to indemnify and hold the City harmless shall be limited to available surplus
cash and/or residual receipts of the Borrower.
(i) Intentionally omitted.”
City Council Regular Meeting - Page 232 of 268
1
Subordination Agreement - Public HUD-92420M (6/18)
Subordination Agreement -
Public
U.S. Department of Housing
and Urban Development
Office of Housing
OMB Approval No. 2502-0598
(Exp. 9/30/2021)
Public Reporting Burden for this collection of information is estimated to average 0.5 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Response to this request for information is required in order to receive the benefits to be derived. This
agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB
control number. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in
response to a Freedom of Information Act request.
Warning: Federal law provides that anyone who knowingly or willfully submits (or causes to submit) a document containing any
false, fictitious, misleading, or fraudulent statement/certification or entry may be criminally prosecuted and may incur civil
administrative liability. Penalties upon conviction can include a fine and imprisonment, as provided pursuant to applicable law, which
includes, but is not limited to, 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802, 24 C.F.R. Parts 25, 28 and 30, and 2 C.F.R. Parts
180 and 2424.
Project Name: Park Place
HUD Project No: 122-11467
THIS SUBORDINATION AGREEMENT ("Agreement") is entered into this
_____ day of _______________, 2021 by and among (i) GREYSTONE FUNDING
COMPANY LLC, a Delaware limited liability company ("Senior Lender"), (ii)
LYNWOOD HOUSING AUTHORITY, a public body, corporate, and politic, as successor
in interest to Lynwood Redevelopment Agency, a public body, corporate, and politic
("Subordinate Lender"), and (iii) AMCAL PARK PLACE FUND, L.P., a California
limited partnership ("Borrower").
Recitals
WHEREAS, Borrower is the owner of that certain 99-unit residential rental
development known as "Park Place " ("Project"), located at the City of Lynwood, Los
Angeles County, California Senior Lender has made or is making the senior mortgage
loan as described on Schedule A hereto to Borrower in the original principal amount(s)
as shown on Schedule A, evidenced by the Note described in Schedule A ("Senior
Note"), and secured by, among other things, the Security Instrument as described in
Schedule A (collectively, "Senior Security Instrument"), covering the property
described in Exhibit A attached hereto together with all improvements thereon and
personal property used relative thereof, all as more particularly described in the Senior
Security Instrument ("Mortgaged Property").
WHEREAS, Subordinate Lender made a subordinate loan to Borrower in the
amount of $10,956,150.00 ("Subordinate Loan"), pursuant to the Subordinate Loan
Documents as defined below, and secured by, among other things, a mortgage lien
against the Mortgaged Property.
WHEREAS, Senior Lender, with the approval of the U.S. Department of Housing
and Urban Development (“HUD”), has agreed to permit Subordinate Lender to keep the
Subordinate Loan outstanding and maintain a subordinate mortgage lien against the
City Council Regular Meeting - Page 233 of 268
2
Subordination Agreement - Public HUD-92420M (6/18)
Mortgaged Property subject to all of the conditions contained in this Agreement and in
accordance with Program Obligations. “Program Obligations” means (1) all applicable
statutes and any regulations issued by the Secretary pursuant thereto that apply to the
Project, including all amendments to such statutes and regulations, as they become
effective, except that changes subject to notice and comment rulemaking shall become
effective only upon completion of the rulemaking process, and (2) all current
requirements in HUD handbooks and guides, notices, and mortgagee letters that apply
to the Project, and all future updates, changes and amendments thereto, as they
become effective, except that changes subject to notice and comment rulemaking shall
become effective only upon completion of the rulemaking process, and provided that
such future updates, changes and amendments shall be applicable to the Project only
to the extent that they interpret, clarify and implement terms in this Agreement rather
than add or delete provisions from such document. Handbooks, guides, notices, and
mortgagee letters are available on HUD's official website: Handbooks, guides, notices,
and mortgagee letters are available on “HUDCLIPS,” at www.hud.gov.
NOW, THEREFORE, in order to induce Senior Lender to permit Subordinate
Lender to keep outstanding the Subordinate Loan to Borrower and to place a subordinate
mortgage lien against the Mortgaged Property, and in consideration thereof, Senior
Lender, Subordinate Lender and Borrower agree as follows:
1. Definitions.
In addition to the terms defined in the Recitals to this Agreement, for purposes of
this Agreement the following terms have the respective meanings set forth below:
(a) "Affiliate" is any person or business concern that directly or indirectly
controls policy of a principal or has the power to do so is an affiliate. Persons
and business concerns controlled by the same third party are also affiliates.
(b) "Bankruptcy Proceeding" means any bankruptcy, reorganization,
insolvency, composition, restructuring, dissolution, liquidation, receivership,
assignment for the benefit of creditors, or custodianship action or proceeding
under any federal or state law with respect to Borrower, any guarantor of any of
the Senior Indebtedness, any of their respective properties, or any of their
respective partners, members, officers, directors, or shareholders.
(c) "Borrower" means all entities identified as "Borrower" in the first
paragraph of this Agreement, together with any successors, heirs, and assigns
(jointly and severally). Borrower shall include any entity taking title to the
Mortgaged Property, whether or not such entity assumes the Senior Note,
provided that the term "Borrower" shall not include Senior Lender in the event
that Senior Lender may acquire title to the Mortgaged Property. Whenever the
term “Borrower” is used herein, the same shall be deemed to include the obligor
of the debt secured by the Senior Security Instrument.
(d) "Business Day" means any day other than Saturday, Sunday or any
other day on which Senior Lender or HUD is not open for business.
City Council Regular Meeting - Page 234 of 268
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Subordination Agreement - Public HUD-92420M (6/18)
(e) "Covenant Event of Default" is defined in the Senior Security
Instrument.
(f) "Entity" means an estate, trust, partnership, corporation, limited liability
company, limited liability partnership, governmental department or agency or any
other entity which has the legal capacity to own property.
(g) "Monetary Event of Default" is defined in the Senior Security
Instrument.
(h) "Non-Project Sources" means any funds that are not derived from
Project Sources.
(i) "Project Sources" means the Mortgaged Property (as defined in the
Senior Security Instrument), any proceeds of the Senior -Indebtedness, and any
reserve or deposit made with Senior Lender or any other party as required by
HUD in connection with the Senior Indebtedness.
(j) "Senior Indebtedness" means all present and future indebtedness,
obligations, and liabilities of Borrower to Senior Lender under or in connection
with the Senior Loan Documents.
(k) "Senior Lender" means the Entity named as such in the first
paragraph on page 1 of this Agreement, its successors and assigns.
(l) "Senior Loan Documents" means the Senior Note, the Senior
Security Instrument, and the Regulatory Agreement between Borrower and HUD,
as such documents may be amended from time to time and all other documents
at any time evidencing, securing, guaranteeing, or otherwise delivered in
connection with the Senior Indebtedness, as identified in Schedule A.
(m) "Senior Security Instrument Default" means a "Monetary Event of
Default" or a "Covenant Event of Default" as defined in the Senior Security
Instrument.
(n) "Subordinate Indebtedness" means all present and future
indebtedness, obligations, and liabilities of Borrower to Subordinate Lender
under or in connection with the Subordinate Loan or the Subordinate Loan
Documents.
(o) "Subordinate Lender" means the Entity named as such in the first
paragraph on page 1 of this Agreement.
(p) "Subordinate Loan Documents" means the Subordinate Note, the
Subordinate Mortgage, and all other documents at any time evidencing, securing,
guaranteeing, or otherwise delivered in connection with the Subordinate
Indebtedness, as identified in Schedule B. The terms Subordinate Note and
Subordinate Mortgage are defined in Schedule B.
(q) "Subordinate Loan Enforcement Action" means the acceleration of
all or any part of the Subordinate Indebtedness, the advertising of or
commencement of any foreclosure or trustee’s sale proceedings, the exercise of
any power of sale, the acceptance of a deed or assignment in lieu of foreclosure
or sale, the collecting of rents, the obtaining of or seeking of the appointment of a
City Council Regular Meeting - Page 235 of 268
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Subordination Agreement - Public HUD-92420M (6/18)
receiver, the seeking of default interest, the taking of possession or control of any
of the Mortgaged Property, the commencement of any suit or other legal,
administrative, or arbitration proceeding based upon the Subordinate Note or any
other of the Subordinate Loan Documents, the exercising of any banker's lien or
rights of set-off or recoupment, or the taking of any other enforcement action
against Borrower, any other party liable for any of the Subordinate Indebtedness
or obligated under any of the Subordinate Loan Documents, or the Mortgaged
Property.
(r) "Subordinate Mortgage Default" means any act, failure to act, event,
conditions, or occurrence which allows (but for any contrary provision of this
Agreement), or which with the giving of notice or the passage of time, or both,
would allow (but for any contrary provision of this Agreement), Subordinate
Lender to take a Subordinate Loan Enforcement Action.
(s) "Surplus Cash" is defined herein to mean the same as that term is
defined in the Regulatory Agreement between Borrower and HUD.
2. Permission to Allow Mortgage Lien Against Mortgaged Property.
Senior Lender consents, subject to the provisions of this Agreement, to the
Subordinate Mortgage and other recorded Subordinate Loan Documents against the
Mortgaged Property (which are subordinate in all respects to the lien of the Senior Security
Instrument) to secure Borrower's obligation to repay the Subordinate Note and all other
obligations, indebtedness and liabilities of Borrower to Subordinate Lender under and in
connection with the Subordinate Loan. Senior Lender agrees that the existence of the
Subordinate Loan does not create a basis for default of the Senior Indebtedness. Such
consent is subject to the condition that each of the representations and warranties made
by Borrower and Subordinate Lender in Section 3 are true and correct on the date of this
Agreement. If any of the representations and warranties made by Borrower and
Subordinate Lender in Section 3 are not true and correct on the date of this Agreement,
the provisions of the Senior Loan Documents applicable to unpermitted liens on the
Mortgaged Property shall apply.
3. Borrower's and Subordinate Lender's Representations and Warranties.
Borrower and, with respect to subsections (a) through (d) below, Subordinate
Lender each make the following representations and warranties to Senior Lender:
(a) Subordinate Loan Documents. The Subordinate Loan is evidenced
by the Subordinate Note and is secured by the Subordinate Mortgage.
(b) Terms of the Subordinate Loan. The original principal amount of
the Subordinate Note is $10,956,150.00. Interest on the Subordinate Note
accrues simple interest at the rate of three percent (3.0%) per annum. The
Subordinate Note is due and payable in full on June 1, 2069 ("Maturity"). The
Maturity term of the Subordinate Note does not end before the maturity term of
the Senior Note, unless the Subordinate Note is forgivable as set forth below and
Borrower satisfies all requirements in the Subordinate Loan Documents to result
in the Subordinate Note being eligible for forgiveness. The principal of the
City Council Regular Meeting - Page 236 of 268
5
Subordination Agreement - Public HUD-92420M (6/18)
Subordinate Note will have a balloon principal payment of the remaining unpaid
balance due at Maturity. The promissory note evidencing the Subordinate Note
obligates Borrower to make payments as follows: annual payments of principal
and interest shall be made on June 1 of every year commencing in the year after
the Project receives its Certificate of Completion in an amount equal to twenty
percent (20%) of Residual Cash Flow (as such term is defined in the Subordinate
Note) for the preceding calendar year and with such payments to be credited first
against accrued and unpaid interest and then against outstanding principal,
subject to Section 3(c) immediately below.
(c) Required HUD Language in Subordinate Note. The Subordinate
Note contains the following provisions:
“As long as HUD is the insurer or holder of the Senior Note on FHA
Project No. 122-11467, the following provisions (“HUD
Provisions”) shall be in full force and effect:
(1) any payments due under the Subordinate Note shall be
payable only (i) from permissible distributions from Surplus Cash of
the Project; but in no event greater than seventy-five percent (75%)
of the total amount of Surplus Cash; or (ii) from monies received from
Non-Project Sources. In no event may payments due under all
subordinate debt of Maker cumulatively exceed 75% of available
Surplus Cash. The restriction on payment imposed by this
paragraph shall not excuse any default caused by the failure of the
Borrower to pay the indebtedness evidenced by the Subordinate
Note;
(2) no prepayment of the Subordinate Note shall be made until
after final endorsement by HUD of the Senior Note, unless such
prepayment is made from Non-Project Sources and is approved in
writing by HUD.
(3) this Subordinate Note is non-negotiable and may not be sold,
transferred, assigned, or pledged by the Subordinate Lender except
with the prior written approval of HUD;
(4) Intentionally omitted.
(5) Maker hereby waives presentment, demand, protest and
notice of demand, protest and nonpayment of this Subordinate Note;
(6) the terms and provisions of this Subordinate Note are also for
the benefit of and are enforceable by HUD against any party hereto,
their successors and assigns. This Subordinate Note may not be
modified or amended without the written consent of HUD; and
(7) in the event of any conflict between the terms of the
City Council Regular Meeting - Page 237 of 268
6
Subordination Agreement - Public HUD-92420M (6/18)
Subordinate Note and the HUD Provisions, the terms of the HUD
Provisions shall control.”
(d) Relationship of Borrower to Subordinate Lender. Subordinate
Lender is not an Affiliate of Borrower.
(e) Subordinate Loan Documents. Borrower certifies that the executed
Subordinate Loan Documents are substantially in the same forms as those submit-
ted to, and approved by, HUD prior to the date of this Agreement. Upon execution
and delivery of the Subordinate Loan Documents, Borrower shall deliver to Senior
Lender an executed copy of each of the Subordinate Loan Documents, certified to
be true, correct and complete.
(f) Senior Loan Documents. The executed Senior Loan Documents
are the same forms as approved by HUD prior to the date of this Agreement. Upon
execution and delivery of the Senior Loan Documents, Borrower shall deliver to
Subordinate Lender an executed copy of each of the Senior Loan Documents,
certified to be true, correct and complete.
4. Deliveries.
Borrower shall submit the following items to Senior Lender and HUD at
closing:
(a) Title Evidence. Evidence of title (title policy or title policy
endorsement, as appropriate) insuring the lien of the Senior Security Instrument
which insures that (i) the lien of the Subordinate Mortgage is subordinate to the
lien of the Senior Mortgage, and (ii) this Agreement has been recorded among
the applicable land records.
(b) Loan Documents. A complete set of the Subordinate Loan
Documents, including this Subordination Agreement.
5. Terms of Subordination.
(a) Agreement to Subordinate. Senior Lender and Subordinate Lender
agree that: (i) the indebtedness evidenced by the Subordinate Loan Documents is
and shall be subordinated in right of payment, to the extent and in the manner
provided in this Agreement, to the prior payment of the indebtedness evidenced by
the Senior Loan Documents, and (ii) the Subordinate Mortgage and the other
Subordinate Loan Documents are and shall be subject and subordinate in all
respects to the liens, terms, covenants and conditions of the Senior Security
Instrument and the other Senior Loan Documents and to all advances heretofore
made or which may hereafter be made pursuant to the Senior Security Instrument
and the other Senior Loan Documents (including but not limited to, all sums
advanced for the purposes of (1) protecting or further securing the lien of the Senior
Security Instrument, curing defaults by Borrower under the Senior Loan Documents
or for any other purpose expressly permitted by the Senior Security Instrument, or
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Subordination Agreement - Public HUD-92420M (6/18)
(2) constructing, renovating, repairing, furnishing, fixturing or equipping the
Mortgaged Property). .
(b) Subordination of Subrogation Rights. Subordinate Lender agrees
that if, by reason of its payment of real estate taxes or other monetary obligations of
Borrower, or by reason of its exercise of any other right or remedy under the
Subordinate Loan Documents, it acquires by right of subrogation or otherwise a lien
on the Mortgaged Property which (but for this subsection) would be senior to the
lien of the Senior Security Instrument, then, in that event, such lien shall be subject
and subordinate to the lien of the Senior Security Instrument.
(c) Payments Before Senior Security Instrument Default. Until
Subordinate Lender receives a default notice of a Senior Security Instrument
Default from Senior Lender, Subordinate Lender shall be entitled to retain for its
own account all payments made under or pursuant to the Subordinate Loan
Documents provided that such payments are otherwise permitted under the terms
of this Agreement.
(d) Payments After Senior Security Instrument Default. Borrower
agrees that, after it receives notice (or otherwise acquires knowledge) of a Senior
Security Instrument Default, it will not make any payments under or pursuant to the
Subordinate Loan Documents (including but not limited to principal, interest,
additional interest, late payment charges, default interest, attorney's fees, or any
other sums secured by the Subordinate Mortgage) without Senior Lender's prior
written consent. Subordinate Lender agrees that, after it receives a default notice
from Senior Lender with written instructions directing Subordinate Lender not to
accept payments from Project Sources on account of the Subordinate Loan, it will
not accept any payments under or pursuant to the Subordinate Loan Documents
(including but not limited to principal, interest, additional interest, late payment
charges, default interest, attorney's fees, or any other sums secured by the
Subordinate Mortgage) unless either (i) such payment is being made solely from
Non-Project Sources or (ii) such payment is made with Senior Lender's prior written
consent. If Subordinate Lender receives written notice from Senior Lender that the
Senior Security Instrument Default which gave rise to Subordinate Lender's
obligation not to accept payments has been cured, waived, or otherwise suspended
by Senior Lender, the restrictions on payment to Subordinate Lender in this Section
5 shall terminate, and Senior Lender shall have no right to any subsequent
payments made to Subordinate Lender by Borrower prior to Subordinate Lender's
receipt of a new default notice from Senior Lender in accordance with the
provisions of this Section 5(d).
(e) Remitting Subordinate Loan Payments to Senior Lender. If, after
Subordinate Lender receives a default notice from Senior Lender in accordance
with subsection (d) above, Subordinate Lender receives any payments under the
Subordinate Loan Documents (other than payments permitted under subsection (d)
above), Subordinate Lender agrees that such payment or other distribution will be
received and held in trust for Senior Lender and unless Senior Lender otherwise
notifies Subordinate Lender in writing, will be promptly remitted, in kind to Senior
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Lender, properly endorsed to Senior Lender, to be applied to the principal of,
interest on and other amounts due under the Senior Loan Documents in
accordance with the provisions of the Senior Loan Documents. By executing this
Agreement, Borrower specifically authorizes Subordinate Lender to endorse and
remit any such payments to Senior Lender, and specifically waives any and all
rights to have such payments returned to Borrower or credited against the
Subordinate Loan. Borrower and Senior Lender acknowledge and agree that
payments received by Subordinate Lender, and remitted to Senior Lender under
this Section 5, shall not be applied or otherwise credited against the Subordinate
Loan, nor shall the tender of such payment to Senior Lender waive any
Subordinate Mortgage Default which may arise from the inability of Subordinate
Lender to retain such payment or apply such payment to the Subordinate Loan.
(f) Agreement Not to Commence Bankruptcy Proceeding.
Subordinate Lender agrees that during the term of this Agreement it will not
commence, or join with any other creditor in commencing any Bankruptcy
Proceeding with respect to Borrower, without Senior Lender's prior written consent.
6. Default Under Subordinate Loan Documents.
(a) Notice of Default and Cure Rights. Subordinate Lender shall
deliver to Senior Lender a default notice within five Business Days in each case
where Subordinate Lender has given a default notice to Borrower. Failure of
Subordinate Lender to send a default notice to Senior Lender shall not prevent the
exercise of Subordinate Lender's rights and remedies under the Subordinate Loan
Documents, subject to the provisions of this Agreement. Senior Lender shall have
the opportunity, but not the obligation, to cure any Subordinate Mortgage Default
within 60 days following the date of such notice; provided, however that
Subordinate Lender shall be entitled, during such 60-day period, to continue to
pursue its rights and remedies under the Subordinate Loan Documents, subject to
the limitations set forth in Section 6(b) below.
(b) Subordinate Lender's Exercise of Remedies After Notice to
Senior Lender. If a Subordinate Mortgage Default occurs and is continuing,
Subordinate Lender agrees that it will not, for a period of one hundred eighty (180)
days after giving notice of such Subordinate Mortgage Default to Senior Lender and
HUD (the “Standstill Period”), commence foreclosure proceedings with respect to
the Mortgaged Property under the Subordinate Loan Documents or exercise any
other rights or remedies it may have under the Subordinate Loan Documents with
respect to the Mortgaged Property, including, but not limited to accelerating the
Subordinate Loan, collecting rents, appointing (or seeking the appointment of) a
receiver or exercising any other rights or remedies thereunder without Senior
Lender’s prior written consent. During the Standstill Period, Subordinate Lender
agrees to use best efforts to resolve the Subordinate Mortgage Default, in an effort
to avoid the pursuit of available remedies by the Subordinate Lender. However, the
preceding sentence shall not (i) limit Subordinate Lender’s right to bring an action
seeking recovery solely from Non-Project Sources or (ii) preclude Subordinate
Lender from exercising or enforcing all the rights available to Subordinate Lender
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under the Subordinate Loan Documents and/or under applicable law to enforce
covenants and agreements of Borrower relating to income, rent or affordability
restrictions. After the expiration of the Standstill Period and in the event
Subordinate Lender forecloses on the Mortgaged Property, the purchaser must
comply with HUD’s Previous Participation regulations and processes, Transfer of
Physical Asset requirements, and Program Obligations before it can take title to the
Mortgaged Property.
7. Default Under Senior Loan Documents.
(a) Notice of Default and Cure Rights. Senior Lender shall deliver to
Subordinate Lender a default notice within five Business Days in each case where
Senior Lender has given a default notice to Borrower (provided that Senior Lender
shall have no liability to Borrower, Subordinate Lender or to any other Entity for
failure to timely give such notice). Failure of Senior Lender to send a default notice
to Subordinate Lender shall not prevent the exercise of Senior Lender’s right and
remedies under the Senior Loan Documents, subject to the provisions of this
Agreement. Borrower agrees that Subordinate Lender shall have the opportunity,
but not the obligation, to cure either a Monetary Event of Default or a Covenant
Event of Default within 30 days following the date of such notice, or any time prior
to an assignment of the Senior Security Instrument from Senior Lender to HUD,
whichever date is later. Subordinate Lender acknowledges that Senior Lender shall
be entitled during such period described above to continue to pursue its remedies
under the Senior Loan Documents. Subordinate Lender shall have the opportunity
to cure a Covenant Event of Default during such period described above so long as
there is no Monetary Event of Default under the Senior Loan Documents. All
amounts paid by Subordinate Lender to Senior Lender to cure any default under
the Senior Loan Documents shall be deemed to have been advanced by
Subordinate Lender pursuant to, and shall be secured by the lien of, the
Subordinate Mortgage.
(b) Cross Default. Subordinate Lender certifies that the Subordinate
Loan Documents do not contain a cross default provision. Notwithstanding any
contrary provision contained in the Subordinate Loan Documents, a Senior Security
Instrument Default shall not constitute a default under the Subordinate Loan
Documents if no other default occurred under the Subordinate Loan Documents.
8. Conflict.
Borrower, Senior Lender and Subordinate Lender each agrees that, in the event of
any conflict or inconsistency between the terms of the Senior Loan Documents, the
Subordinate Loan Documents and the terms of this Agreement, the terms of this
Agreement shall govern and control solely as to the following: (a) the relative priority of the
security interests of Senior Lender and Subordinate Lender in the Mortgaged Property;
and (b) solely as between Senior Lender and Subordinate Lender, the notice
requirements, cure rights, and the other rights and obligations which Senior Lender and
Subordinate Lender have agreed to as expressly provided in this Agreement. Borrower
acknowledges that the terms and provisions of this Agreement shall not, and shall not be
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deemed to: extend Borrower's time to cure any Senior Security Instrument Default or
Subordinate Mortgage Default, as the case may be; give Borrower the right to notice of
any Senior Security Instrument Default or Subordinate Mortgage Default, as the case may
be other than that, if any, provided, respectively under the Senior Loan Documents or the
Subordinate Loan Documents, as applicable; or create any other right or benefit for
Borrower as against Senior Lender or Subordinate Lender.
9. Rights and Obligations of Subordinate Lender under the Subordinate
Loan Documents and of Senior Lender under the Senior Loan Documents.
Subject to each of the other terms of this Agreement, all of the following provisions
shall supersede any provisions of the Subordinate Loan Documents covering the same
subject matter:
(a) Protection of Security Interest. Subordinate Lender shall not,
without the prior written consent of Senior Lender in each instance, take any action
which has the effect of increasing the indebtedness outstanding under, or secured
by, the Subordinate Loan Documents, except that Subordinate Lender shall have
the right to advance funds to cure Senior Security Instrument Defaults pursuant to
Section 7(a) above and advance funds pursuant to the Subordinate Mortgage for
the purpose of paying real estate taxes and insurance premiums, making
necessary repairs to the Mortgaged Property and curing other defaults by Borrower
under the Subordinate Loan Documents.
(b) Condemnation or Casualty. In the event of: a taking or threatened
taking by condemnation or other exercise of eminent domain of all or a portion of
the Mortgaged Property (collectively, a "Taking"); or the occurrence of a fire or other
casualty resulting in damage to all or a portion of the Mortgaged Property (collec-
tively, a "Casualty"), at any time or times when the Senior Security Instrument
remains a lien on the Mortgaged Property the following provisions shall apply:
(1) Subordinate Lender hereby agrees that its rights (under the
Subordinate Loan Documents or otherwise) to participate in any proceeding
or action relating to a Taking and/or a Casualty, or to participate or join in
any settlement of, or to adjust, any claims resulting from a Taking or a
Casualty shall be and remain subordinate in all respects to Senior Lender's
rights under the Senior Loan Documents with respect thereto, and
Subordinate Lender shall be bound by any settlement or adjustment of a
claim resulting from a Taking or a Casualty made by or with the written
consent of Senior Lender; and
(2) all proceeds received or to be received on account of a Taking
or a Casualty, or both, shall be applied (to payment of the costs and
expenses of repair and restoration and/or to payment of the Senior Security
Instrument) in the manner determined by Senior Lender in its sole discretion
consistent with the Senior Loan Documents; provided, however, that if
Senior Lender elects to apply such proceeds to payment of the principal of,
interest on and other amounts payable under the Senior Security Instrument,
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any proceeds remaining after the satisfaction in full of the principal of,
interest on and other amounts payable under the Senior Security Instrument
shall be paid to, and may be applied by, Subordinate Lender in accordance
with the applicable provisions of the Subordinate Loan Documents. Any
proceeds then remaining after the satisfaction in full of the principal of,
interest on and other amounts payable under the Subordinate Loan
Documents shall be paid by the Subordinate Lender to Borrower.
(c) No Modification of Subordinate Loan Documents. Borrower and
Subordinate Lender each agrees that, until the principal of, interest on and all other
amounts payable under the Senior Loan Documents have been paid in full, it will
not, without the prior written consent of Senior Lender in each instance, increase
the amount of the Subordinate Loan, increase the required payments due under the
Subordinate Loan, decrease the term of the Subordinate Loan, increase the
interest rate on the Subordinate Loan, or otherwise amend the Subordinate Loan
terms in a manner that creates an adverse effect upon Senior Lender under the
Senior Loan Documents. Any unauthorized amendment of the Subordinate Loan
Documents without Senior Lender's consent shall be void ab initio and of no effect
whatsoever.
10. Modification of Senior Loan Documents; Refinancing of Senior
Indebtedness; Transfer of Physical Assets.
(a) Subordinate Lender consents to any agreement or arrangement in which Senior
Lender waives, postpones, extends, reduces or modifies any provisions of the
Senior Loan Documents, including any provision requiring the payment of
money, provided however, there shall be no modification of the Senior Loan
Documents without the consent of the Subordinate Lender if such modification
would increase the principal amount of the Senior Indebtedness beyond the
original principal amount of the Senior Indebtedness (excluding any amounts
having been advanced by Senior Lender for the protection of its security interest
pursuant to the Senior Loan Documents), increase the interest rate of the
Senior Indebtedness, or decrease the original maturity term of the Senior
Indebtedness.
(b) Subordinate Lender agrees that its agreement to subordinate hereunder shall
extend to any new mortgage debt which is for the purpose of refinancing all or
any part of the Senior Indebtedness in accordance with Program Obligations
(including reasonable and necessary costs associated with the closing and/or
the refinancing); and that all the terms and covenants of this Agreement shall
inure to the benefit of any holder of any such refinanced debt; and that all
references to the Senior Indebtedness, the Senior Note, the Senior Security
Instrument, the Senior Loan Documents and Senior Lender shall mean,
respectively, the indebtedness related to the refinance loan, the refinance note,
the security instrument securing the refinance note, all documents evidencing,
securing or otherwise pertaining to the refinance note and the holder of the
refinance note, provided however, there shall be no refinancing of the Senior
Indebtedness without the consent of the Subordinate Lender if such refinancing
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would increase the principal amount of the Senior Indebtedness beyond the
original principal amount of the Senior Indebtedness (excluding any amounts
having been advanced by Senior Lender for the protection of its security interest
pursuant to the Senior Loan Documents), increase the interest rate of the
Senior Indebtedness, or decrease the original maturity term of the Senior
Indebtedness.
(c) Subordinate Lender agrees that the term of the Subordinate Indebtedness will
be extended if HUD grants a deferment of amortization or forbearance that
results in an extended maturity of the Senior Indebtedness.
(d) Subordinate Lender agrees that the term of the Subordinate Indebtedness will
be extended if the Subordinate Note is due, and there are no Surplus Cash
funds or Residual Receipts (if applicable) available for repayment, and the
Senior Indebtedness has not been repaid in full. (The parties agree that
distributions of Residual Receipts must be approved by HUD and can only be
approved by the terms of a written agreement between HUD and the Borrower).
(e) Subordinate Lender agrees that it will approve any transfer of ownership of the
Project if approved by HUD in writing. Subordinate Lender further agrees that
the Subordinate Indebtedness is assumable when a sale or transfer of physical
assets occurs and the Senior Indebtedness remains in place, as set forth below
in subparagraph (f).
(f) The Subordinate Lender cannot require that more than seventy-five percent
(75%) of the net proceeds of the sale or transfer be applied to the reduction of
the Subordinate Indebtedness. For these instructions, net proceeds are the
funds available to the original borrower after:
(1) correcting any default on the Senior Indebtedness;
(2) making required contributions to any reserve funds; and
(3) making needed improvements to the Property as evidenced by HUD’s
annual inspection reports.
11. Default by Subordinate Lender or Senior Lender.
If Subordinate Lender or Senior Lender defaults in performing or observing any of
the terms, covenants or conditions to be performed or observed by it under this
Agreement, the other, non-defaulting Lender shall have the right to all available legal and
equitable relief.
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12. Notices.
Each notice, request, demand, consent, approval or other communication
(hereinafter in this Section referred to collectively as "notices" and referred to singly as a
"notice") which Senior Lender or Subordinate Lender is required or permitted to give to the
other party pursuant to this Agreement shall be in writing and shall be deemed to have
been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof
(any notice so delivered shall be deemed to have been received at the time so delivered);
or (b) sent by Federal Express (or other similar national overnight courier) designating next
Business Day delivery (any notice so delivered shall be deemed to have been received on
the next Business Day following receipt by the courier); or (c) sent by United States
registered or certified mail, return receipt requested, postage prepaid, at a post office
regularly maintained by the United States Postal Service (any notice so sent shall be
deemed to have been received two Business Days after mailing in the United States),
addressed to the respective parties as follows:
SENIOR LENDER:
Greystone Funding Company LLC
419 Belle Air Lane
Warrenton, VA 20186
Attention: General Counsel
With a copy to:
U.S. Department of Housing and Urban Development
Director - Office of Multifamily Asset Management
Room 6160
451 Seventh Street, S.W.
Washington, DC 20410
SUBORDINATE LENDER:
Lynwood Housing Authority
c/o City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: _______________________
Either party may, by notice given pursuant to this Section, change the person or persons
and/or address or addresses, or designate an additional person or persons or an
additional address or addresses for its notices, but notice of a change of address shall only
be effective upon receipt.
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13. General.
(a) Assignment/Successors. This Agreement shall be binding upon
Borrower, Senior Lender and Subordinate Lender and shall inure to the benefit of
the respective legal successors and assigns of Senior Lender and Subordinate
Lender.
(b) No Partnership or Joint Venture. Senior Lender's permission for
the placement of the Subordinate Loan Documents does not constitute Senior
Lender as a joint venturer or partner of Subordinate Lender. Neither party hereto
shall hold itself out as a partner, agent or Affiliate of any other party hereto.
(c) Senior Lender's and Subordinate Lender's Consent. Wherever
Senior Lender's consent or approval is required by any provision of this Agreement,
such consent or approval may be granted or denied by Senior Lender in its sole
and absolute discretion, unless otherwise expressly provided in this Agreement.
Wherever Subordinate Lender's consent or approval is required by any provision of
this Agreement, such consent or approval may be granted or denied by
Subordinate Lender in its sole and absolute discretion, unless otherwise expressly
provided in this Agreement.
(d) Further Assurances; UCC Financing Statements. Subordinate
Lender, Senior Lender and Borrower each agree, at Borrower's expense, to
execute and deliver all additional instruments and/or documents reasonably
required by any other party to this Agreement in order to evidence that the
Subordinate Loan Documents are subordinate to the lien, covenants and conditions
of the Senior Loan Documents, or to further evidence the intent of this Agreement.
Senior Lender is hereby authorized to file any and all UCC financing statement
amendments required to reflect the priority of the Senior Indebtedness.
(e) Amendment. This Agreement shall not be amended except by
written instrument signed by all parties hereto.
(f) Governing Law. This Agreement shall be governed by the laws of
the State in which the Mortgaged Property is located, except, so long as the Senior
Indebtedness is insured or held by HUD, and solely as to rights and remedies of
HUD, federal jurisdiction may be appropriate pursuant to any federal
requirements. The State courts, and with respect to HUD’s rights and remedies,
federal courts, and governmental authorities in the State in which the Mortgaged
Property is located, shall have exclusive jurisdiction over all controversies which
shall arise under or in relation to the Subordinate Loan Documents. Borrower
irrevocably consents to service, jurisdiction, and venue of such courts for any
such litigation and waives any other venue to which it might be entitled by virtue
of domicile, habitual residence or otherwise.
(g) Severable Provisions. If any provision of this Agreement shall be
invalid or unenforceable to any extent, then the other provisions of this Agreement
shall not be affected thereby and shall be enforced to the greatest extent permitted
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Subordination Agreement - Public HUD-92420M (6/18)
by law.
(h) Term. The term of this Agreement shall commence on the date
hereof and shall continue until the earliest to occur of the following events: (i) the
payment of all of the principal of, interest on and other amounts payable under the
Senior Loan Documents; (ii) the payment of all of the principal of, interest on and
other amounts payable under the Subordinate Loan Documents, other than by
reason of payments which Subordinate Lender is obligated to remit to Senior
Lender pursuant to Section 5 hereof; (iii) the acquisition by Senior Lender of title to
the Mortgaged Property pursuant to a foreclosure; or (iv) the acquisition by
Subordinate Lender of title to the Mortgaged Property pursuant to a foreclosure or a
deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the
Subordinate Mortgage, but only if such acquisition of title does not violate any of the
terms of this Agreement. Notwithstanding the foregoing, in the event the Senior
Indebtedness is refinanced or a transfer of physical assets occurs, the term of this
Agreement shall continue and the Subordinate Indebtedness and Subordinate Loan
Documents shall be subordinate to any such indebtedness related to the refinanced
or transferred loan as provided in Section 10 above.
(i) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be considered an original for all purposes;
provided, however, that all such counterparts shall together constitute one and the
same instrument.
Each signatory below hereby certifies that each of their statements and
representations contained in this Agreement and all their supporting documentation
thereto are true, accurate, and complete. This Agreement has been made, presented,
and delivered for the purpose of influencing an official action of HUD in insuring the
Loan, and may be relied upon by HUD as a true statement of the facts contained
therein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
[SIGNATURE PAGES FOLLOW]
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Subordination Agreement - Public HUD-92420M (6/18)
SIGNATURE PAGE TO
SUBORDINATION AGREEMENT
SENIOR LENDER:
GREYSTONE FUNDING COMPANY LLC,
a Delaware limited liability company
By:
Name:
Title:
COMMONWEALTH OF VIRGINIA )
) ss.
COUNTY OF FAUQUIER )
I certify that I know or have satisfactory evidence that Tiffany Baymiller is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the Vice
President of Greystone Funding Company LLC, a Delaware limited liability company, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated this ____ day of _________________, 2021.
_____________________________________
Signature of Notary
Print Name: ______________________________
NOTARY PUBLIC in and for the Commonwealth
of Virginia,
residing at:
__________________________________
My appointment expires:
_______________________
[Seal or Stamp]
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Subordination Agreement - Public HUD-92420M (6/18)
SIGNATURE PAGE TO
SUBORDINATION AGREEMENT
SUBORDINATE LENDER:
LYNWOOD HOUSING AUTHORITY,
a public body, corporate and politic
By:
Name:
Title:
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ________________________ )
On ___________________, 2021, before me, ________________________________,
a notary public, personally appeared _____________________________, who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
[SIGNATURES CONTINUED ON NEXT PAGE]
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Subordination Agreement - Public HUD-92420M (6/18)
SIGNATURE PAGE TO
SUBORDINATION AGREEMENT
ACKNOWLEDGEMENT AND CONSENT:
BORROWER:
AMCAL PARK PLACE FUND, L.P.,
a California limited partnership
By: AMCAL Multi-Housing Inc.,
a California corporation,
Its Administrative General Partner
By:
Arjun Nagarkatti, President
By: Foundation for Affordable Housing VIII, Inc.,
a California nonprofit public benefit corporation,
Its Managing General Partner
By:
Deborrah A. Willard, President
[NOTARIAL ACKNOWLEDGEMENTS FOLLOW]
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Subordination Agreement - Public HUD-92420M (6/18)
SIGNATURE PAGE TO
SUBORDINATION AGREEMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ____________________ )
On ___________________, 2021, before me, ________________________________,
a notary public, personally appeared Arjun Nagarkatti, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
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Subordination Agreement - Public HUD-92420M (6/18)
SIGNATURE PAGE TO
SUBORDINATION AGREEMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which
this certificate is attached, and not the
truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF ____________________ )
On ___________________, 2021, before me, ________________________________,
a notary public, personally appeared Deborrah A. Willard, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________ [Seal]
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Warning:
Any person who knowingly presents a false, fictitious, or fraudulent
statement or claim in a matter within the jurisdiction of the U.S.
Department of Housing and Urban Development is subject to criminal
penalties, civil liability, and administrative sanctions.
Schedule A – List of Senior Loan Documents
Schedule B – List of Subordinate Loan Documents
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EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 2 OF THE J.J. BULLIS TRACT OF SAN ANTONIO RANCHO, IN THE
CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 3, PAGES 612 AND 613 OF MISCELLANEOUS RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, THE EXTERIOR LINES OF WHICH ARE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CARLIN AVENUE, 100
FEET WIDE, AND ATLANTIC AVENUE, 100 FEET WIDE, AS SHOWN ON MAP OF TRACT NO.
68944, AS PER MAP RECORDED IN BOOK 1351, PAGES 22, 23 and 24 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; THENCE, ALONG THE CENTERLINE OF
SAID CARLIN AVENUE, NORTH 71°10’40” WEST 244.83 FEET; THENCE, LEAVING SAID
CENTERLINE, NORTH 18°58’30” EAST 50.00 FEET TO THE NORTHERLY LINE OF SAID
CARLIN AVENUE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE,
ALONG SAID NORTHERLY LINE, NORTH 71°10’40” WEST 223.97 FEET; THENCE, LEAVING
SAID NORTHERLY LINE, NORTH 18°58’30” EAST 496.57 FEET; THENCE, SOUTH 71°10’39”
EAST 191.80 FEET; THENCE, NORTH 18°58’30” EAST 50.00 FEET; THENCE, SOUTH 71°10’39”
EAST 227.00 FEET TO THE WESTERLY LINE OF SAID ATLANTIC AVENUE; THENCE, ALONG
SAID WESTERLY LINE, SOUTH 18°58’30” WEST 373.72 FEET; THENCE, LEAVING SAID
WESTERLY LINE, NORTH 71°10’40” WEST 194.83 FEET; THENCE, SOUTH 18°58’30” WEST
172.85 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS SHOWN AS PARCEL A OF THAT CERTAIN LOT MERGER/LOT LINE
ADJUSTMENT, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
CERTIFICATE OF APPROVAL OF LOT MERGER NO. 2011-01, RECORDED NOVEMBER 10,
2011 AS INSTRUMENT NO. 20111531045 OF OFFICIAL RECORDS,
EXCEPT THEREFROM ONE-HALF INTEREST IN ALL THE OIL, NATURAL GAS, PETROLEUM
AND SIMILAR PRODUCTS PERTAINING TO SAID PREMISES AS DESCRIBED IN SAID
DOCUMENTS AND IN ALL OIL RIGHTS PERTAINING THERETO, FOR A PERIOD OF 10
YEARS FROM THE DATE OF THE DEED HEREINAFTER REFERRED TO. IT BEING
UNDERSTOOD THAT THE GRANTORS THEREIN SHALL HAVE AND RETAIN A PERPETUAL
RIGHT TO ONE-HALF OF ALL BENEFITS ACCRUING FROM ANY OIL DEVELOPMENT,
COMMISSION OR BONUS, OR COMMISSION PAID OR AGREED TO BE PAID, PRIOR TO THE
EXPIRATION OF THIS RESERVATION AND THAT THE GRANTORS AND THE GRANTEES
SHALL HAVE EQUAL RIGHTS IN REGARD TO SAID OIL, GAS AND PETROLEUM PRODUCTS,
AS RESERVED IN THE DEED FROM HARRY E. MANGOLD, REGISTERED SEPTEMBER 23,
1922, AS TORRENS DOCUMENT NO. 29000, UNDER CERTIFICATE OF TITLE NO. AV-17737,
ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF THE COUNTY OF LOS ANGELES.
APN: 6186-012-041 AND 6186-012-042
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23
Subordination Agreement - Public HUD-92420M (6/18)
SCHEDULE A
SENIOR LOAN DOCUMENTS
The Project is being financed with the proceeds of a mortgage loan (the “Loan”)
from Greystone Funding Company LLC, a Delaware limited liability company (“Senior
Lender”) to AMCAL Park Place Fund, L.P., a California limited partnership, (the
“Borrower”), which Loan will be insured by HUD under Section 207, pursuant to
Section 223(f), pursuant to Section 223(a)(7) of the National Housing Act, pursuant to
that certain Firm Commitment dated January 20, 2021 (as the same may be amended
from time to time, the “Commitment”) and which Loan is secured by the following:
1. Note (Multistate) dated March 1, 2021, in the principal amount of $5,607,300.00
between Borrower and Senior Lender, as may be increased at Final Endorsement
of the Loan as approved by HUD (“Senior Note”).
2. Leasehold Multifamily Deed of Trust, Assignment of Leases and Rents and
Security Agreement dated March 1, 2021, between Borrower and Senior Lender
(“Senior Mortgage”).
3. Regulatory Agreement for Multifamily Projects dated March 1, 2021, between
Borrower and the United States Department of Housing and Urban Development,
acting by and through the Secretary, his or her successors, assigns or designates
(HUD) (“Regulatory Agreement” and together with the Senior Note and Senior
Mortgage are collectively, the “Senior Security Instrument”).
4. State UCC Financing Statement naming Borrower as debtor and Senior Lender
and the Secretary of Housing and Urban Development (“HUD”) as secured
parties.
5. County UCC Financing Statement naming Borrower as debtor and Senior Lender
and the Secretary of Housing and Urban Development (“HUD”) as secured
parties.
City Council Regular Meeting - Page 255 of 268
24
Subordination Agreement - Public HUD-92420M (6/18)
SCHEDULE B
SUBORDINATE LOAN DOCUMENTS
1. Amended and Restated Disposition and Development Agreement by and among
Lynwood Housing Authority, a public body, corporate and politic (“Authority”), as
successor in interest to the Lynwood Redevelopment Agency, a public body,
corporate and politic (“Agency”), and AMCAL Park Place Fund, L.P., a California
limited partnership (“Developer”), dated July 1, 2010, as amended by an First
Amendment to Amended and Restated Disposition and Development Agreement
dated March 15, 2011, together with any and all amendments and any and all
documents, instruments, and agreements referenced in or arising therefrom
(collectively, the “DDA”)
2. Regulatory Agreement and Declaration of Covenants and Restrictions made
between the Authority, as successor in interest to Agency, and the Developer dated
December 14, 2011, and recorded in the Recorder’s Office of Los Angeles County,
California (the “Records”) on December 15, 2011, under Instrument
No. 20111698362, as amended by that certain Amendment to Restrictive
Covenants dated March 1, 2014, and recorded in the Records on March 25, 2014,
under Instrument No. 20140298716, and that certain Second Amendment to
Regulatory Agreement and Declaration of Covenants and Restrictions dated
_______________, 2021, and recorded in the Records concurrently herewith
(collectively, the “Regulatory Agreement”)
3. Notice of Affordability Restrictions On Transfer of Property by and between the
Authority, as successor in interest to Agency, and the Developer dated
December 14, 2011, and recorded in the Records under Instrument
No. 20111698364 (the “Notice”)
4. Agency Note dated December 9, 2011, made by Developer for the benefit of the
Authority as successor in interest to Agency, in the principal amount of
$10,956,150.00, as amended by that certain First Amendment to Agency Note
dated _____________, 2021 (collectively, the “Subordinate Note”)
5. Deed of Trust With Assignment of Rents and Rider Attached Hereto Containing
Terms Including Security Agreement and Fixture Filing dated December 14, 2011,
by and between the Developer for the benefit of the Authority, as successor in
interest to Agency, securing the principal sum of $10,956,150.00, and recorded in
the Records on December 15, 2011, under Instrument No. 20111698363 (the
“Subordinate Mortgage”)
City Council Regular Meeting - Page 256 of 268
Agenda Item # 15.
AGENDA STAFF REPORT
DATE: March 16, 2021
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Michelle G. Ramirez, Acting City Manager
PREPARED BY: John Downs, Director of Finance & Administration Services
SUBJECT: FISCAL YEAR (FY) 2020-21 MID-YEAR FINANCIAL REVIEW
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECEIVING AND FILING THE FISCAL YEAR (FY) 2020-21 MID-YEAR FINANCIAL REVIEW, AND
APPROVING THE FY 2020-21 MID-YEAR BUDGET ADJUSTMENTS TO AMEND THE FY 2020-21
ADOPTED BUDGET HERETO ATTACHED AS SCHEDULE A”.
Background:
On July 2, 2019, the City Council adopted the Fiscal Year (FY) 2019-20 budget and approved the FY 2020-21
budget. The Biennial FY 2019-21 budgets are the City’s financial operating plans that establishes the City’s
goals, budget priorities, and desired service levels for the two fiscal years, as well as identifies the fiscal resources
necessary to achieve them. The adopted budgets were based on certain assumptions and meeting expenditure
and revenue projections. The Mid-Year Financial Review is presented to Council to provide an updated financial
forecast for the current year.
The FY 2020-21 Mid-Year Financial Review reports on the City’s fiscal performance through mid-year (July
through December), comparing all revenues and expenditures incurred during the first two quarters of FY 2020-21
to the same period in FY 2019-20. The Mid-Year Financial Review also provides an updated FY 2020-21
Financial Forecast, as well as presents mid-year budget adjustments for Council’s consideration to amend the FY
2020-21 Budget.
As customary, the Mid-Year Financial Review primarily focuses on the General Fund since this is the fund that
supports traditional municipal services the City provides for residents, such as law enforcement, fire protection,
public works services, parks, and recreation.
Discussion and Analysis:
City Council Regular Meeting - Page 257 of 268
FY 2019-20 Year End
At the end of each fiscal year, the Finance Department begins its process of closing out the year. This process
includes trueing up the budget, and ensuring all capital improvement project carryovers are processed and
reflected in the new fiscal year. In addition, to avoid possible budget inflation, at the year end of each fiscal year,
all purchase orders and encumbrances are closed out, excluding multi-year capital projects.
Once the City’s budget is adopted and committed in Eden, the City’s financial system, the new fiscal year is open
for activity. Staff citywide has the ability to review the general ledger, enter requisition for services, and track
department revenues and expenditures.
FY 2019-20 General Fund Year-End Performance
The FY 2019-20 General Fund Budget included expenditures in the amount of $38.8 million offset by $38.4 million
in projected revenues and the use of $418,607 in reserves. Based on the audited figures for FY 2019-20, the City
ended the year with $36.2 million in expenditures, offset by $34.6 million in revenue and the use of $1.5 million in
reserves. The FY 2019-20 ending fund balance is $5.5 million, however, only $2.3 million is spendable.
TABLE 1
FY 20 GENERAL FUND YEAR-END
PERFORMANCE
FY 20
Adopted
Budget
FY 20
Year-End
(Audited)
Beginning Fund Balance $6,906,196 $7,063,317
Revenues $38,371,321 $34,661,168
Expenditures ($38,789,928)($36,195,379)
Operating Surplus (Deficit)($418,607)($1,534,211)
Ending Fund Balance $6,487,589 $5,529,106
Revenue and expenditure figures include transfers in/out.
FY 2020-21 Changes from Original Approved Budget to Adopted Budget
When staff presented the Biennial FY 2019-21 budgets to Council for consideration in July 2019, the economy
was steady and staff did not for see a drastic shift in the City’s fiscal standing. However, when the COVID-19
pandemic hit, the City had to take considerable measures to ensure the City would be able to provide services
based on the new level of revenues. The table below reflects the FY 2020-21 General Fund Approved and
Revised budgets. Please note only $2.3 million of the General Fund beginning fund balance is spendable.
TABLE2
FY 21 GENERAL FUND BUDGET
FY 21
Approved
Budget
FY 21
Revised
Budget
Beginning Fund Balance $6,487,590 $5,529,106
Revenues $39,119,580 $38,701,866
Expenditures ($40,025,266)($38,251,154)
Operating Surplus (Deficit)($905,686)$450,712
Ending Fund Balance $5,581,904 $5,979,818
To address the loss of revenue, the City decreased appropriations to maintain a structural balance. Some of the
major ways this was achieved was by not budgeting salary and benefits for frozen positions, requesting the
departments to reduce their budgets by up to 10%, implementing furloughs, and freezing cash-outs. The City
anticipates savings of approximately $261,018 in furloughs from the General Fund and $579,829 in all Funds. By
freezing cash-outs, the City anticipates saving of approximately $52,425 from the General Fund and $86,480 from
all Funds. The savings projected from layoffs is $393,372 in General Funds and $422,186 all Funds. On the
revenue side, approved revenues were adjusted by adding anticipated cannabis cost recovery fees, cell tower
sales/leaseback revenue, and reducing anticipated sales tax revenue and many revenue sources categorized
under charges for current services.
City Council Regular Meeting - Page 258 of 268
FY 2020-21 Mid-Year Financial Report
The table below shows the City’s revenues and expenditures incurred through the mid-year point of the two fiscal
years (first two quarters), from July 1 through December 31 for both fiscal years 2020-21 and 2019-20 for
comparison purposes.
TABLE3
GENERAL FUND REVENUES & EXPENDITURES
JULY - DECEMBER
FY 21
Budget
FY 21
July -
December
Actuals
FY 20
July -
December
Actuals
FY 21
Mid-Year
Dollar
Increase
(Decrease)
FY 21
Mid-Year
Percentage
Increase
(Decrease)
Revenues
PropertyTax $11,646,501 $1,697,072 $1,272,447 $424,625 33.4%
Sales Tax 3,831,398 1,767,918 1,622,957 144,961 8.9%
Sales Tax Measure PS 4,289,825 2,081,862 1,792,909 288,953 16.1%
Utility Users Tax 5,270,000 2,427,586 2,067,360 360,226 17.4%
FranchiseFees 833,144 138,465 141,438 (2,973)-2.1%
Business License & Other Tax 637,600 194,332 248,065 (53,733)-21.7%
Charges for Current Services 1,434,363 547,676 985,538 (437,862)-44.4%
Fines, Forfeits, & Penalties 1,199,500 573,671 889,605 (315,934)-35.5%
Other Revenues 6,594,245 661,240 993,061 (331,821)-33.4%
Transfers In 2,965,290 0 0 0 0.0%
Total Revenues $38,701,866 $10,089,822 $10,013,380 $76,442 0.8%
Expenditures
Operational Expenditures $34,559,913 $14,657,660 $14,305,140 $352,520 2.5%
Transfers Out 3,691,241 0 0 0 0.0%
Total Expenditures $38,251,154 $14,657,660 $14,305,140 $352,520 2.5%
Charges for Current Services include various fees such as Plan Check Fees, Inspection Fees, Facility Rental
Fees, Sports Fees, and Advertising Fees.
FY 2020-21 Mid-Year Revenue Performance
Overall, revenues for the City are up 0.8% (or $76,442) for the first half of FY 2020-21 compared to FY 2019-20.
Outlined below is a summary of the revenue performance for the City’s major revenues.
Property Tax: Through the mid-year point in FY 2020-21, the City’s largest revenue, Property Tax, was up
33.4% (or $424,625) from FY 2019-20. The City will receive its last large installment in April 2021, which on
a year-to-date, accounts for approximately 90% of our total property tax. For FY 2020-21, the City budgeted
$11,646,501.
In respect to Secured Property Taxes, the City received its Property Tax installment in December
representing 40% of what the State expects to receive for the whole year.
Therefore, on an annualized basis, the City estimates a total of $3,159,758 in Secured Property tax, which is
$82,939 greater than original estimate.
Please note, the City received its Property Tax in Lieu of VLF of $4,193,734 in January. This is payment is
not reflected in the December revenues. For FY 2020-21, it is anticipated that the City would receive
$8,260,269 in revenue. The City is projected to receive $8,387,468, which is a slight increase of $127,199.
Sales Taxes: Sales Taxes (including Sales Tax Measure PS) is up 12.7% (or $433,914) through the first
half of FY 2020-21 from last year. Sales taxes are the City’s second largest revenue stream. The majority of
the City’s sales taxes, revenues are received in March, three months subsequent to the December holiday
sales. For FY 2020-21, the City budgeted $8,121,223 for Sales Tax revenues. Of the $8,121,223,
City Council Regular Meeting - Page 259 of 268
$4,289,825 was projected for the Measure PS Use Tax revenue. However, we are updating this projection
based on forecast data received from the City’s sales tax consultant. We are increasing the Bradley Burns
1% Local Sales and Use Tax estimate by $1,236,946 and the Measure PS Sales Tax estimate by
$1,403,760, based on projections from our sales tax consultant.
U U T: UUT revenues are up 17.4% (or $360,226) in FY 2020-21. This is primarily due to a 10.2% (or
$115,823) increase in UUT – Electric, a 38.5% (or $76,795) increase in UUT–Gas, and a 55.6% (or
$231,088) increase in UUT– Water, and a 20.2% ($63,479) decrease in UUT–Telephone. As it relates to
UUT-telephone, this is a continuing trend due to people no longer using landlines.
Franchise Fees: Franchise Fees are down 2.1% (or $2,973) from FY 2019-20 due to a decrease in
franchise fees for cable (down $1,906), decrease in franchise fees for towing (down $15,495), and an
increase in quarterly cannabis tax (up $14,427).
Business License & Permits: Business License & Permits are down 21.7% (or $53,733) from FY
2019-20, specifically real property report fees (down $21,162), business license (down $19,258), and
construction permits (down $16,193).
Charges for Current Services: Charges for Current Services are down 44.4% (or $437,862) from
FY 2019-20. This is primarily due to a decrease in plan check fees (down $94,426), cannabis amended
application fees (down $67,500), engineering inspections (down $16,433), fire inspection fees (down
$10,513), adult sport fees ($16,073), youth sport fees (down $19,416), public building rental (down $10,281),
natatorium fees (down $43,749), Bateman Hall rentals (down $121,221), insurance premium receipts (down
$13,279), security fees (down $37,500), recreation fees (down $50,529). However, there were increases in
fees such as Cannabis cost recovery fees (up $55,000) and site plan review fees (up $29,894).
Fines, Forfeits, & Penalties: Fines, Forfeits, & Penalties are down 35.5% (or $315,934) due to a
decrease in municipal code fines (down $41,459), vehicle code fines (down $44,000), street sweeping
parking fines (down $214,611), municipal animal violations (down $25,538), code enforcement citations
(down $16,743), code enforcement – cannabis violations (down $12,500), code enforcement-building
violations (down $9,206), misc. parking fines (down $40,083), and business license fines (down $10,379).
However, a new firework citations fee brought in $106,575 for the first half of the fiscal year.
Other Revenues: Other Revenues are down 33.4% (or $331,821) from FY 2019-20 primarily due to
decrease in USDA Grant (down $36,991), Redevelopment Agency asset distribution (down $42,610),
vehicle release/admin fee (down $23,225), abandoned/foreclosed property fees (down $10,810), interest
(down $204,091), rental-non recreational (down $6,465), and rental-parking lot (down $22,917). However,
Damage to City Property is up $26,956.
The City’s revenues, specifically within General Fund, has been impacted by the current COVID-19 pandemic. As
a result, there has been a decline in revenues that have been normally high generating revenue streams for the
City.
FY 2020-21 Mid-Year Expenditure Performance
The City expended 2.5% (or $352,520) more than last year through the mid-year point of the FY 2020-21. The
increase in expenditures can be attributed to timing difference in payment and/or processing of invoices such as
those related to liability insurance expenses, increase in professional & contractual services expenses, unbilled
legal services, etc.
However, the Finance & Administration Department will continue to monitor spending, address unanticipated
needs for the current year, and help ensure that departments are adhering to the approved budget.
FY 2020-21 Financial Forecast
In addition to reporting on the fiscal condition of the City through the first half of the year, the FY 2020-21 Mid-Year
Financial Review provides an updated FY 2020-21 Financial Forecast. Throughout the year, fiscal issues arise
and budget adjustments may be required that may impact the FY 2020-21 Adopted Budget. When this happens,
budget assumptions and year-end projections change. The Mid-Year Financial Review is usually a good time to
present an updated FY 2020-21 Financial Forecast, as we become aware of new fiscal issues that arise
subsequent to the budget adoption. Refer to Table 4 below for an updated FY 2020-21 Financial Forecast.
City Council Regular Meeting - Page 260 of 268
TABLE4
GENERAL FUND
ADJUSTEDFY2020-21FINANCIAL FORECAST
FY2020-
21Budget
FY2020-
21Adjusted
Budget
Revenues
Adopted Revenues (including Transfers In)$38,701,866 $38,812,816
Cell Tower Sales/Leaseback (2,000,000)
Transfer In – Refuse Fund 800,000
Quarterly Cannabis Tax 115,000
Transfer In – Contingency Set AsideFund 879,968
Bradley Burns 1% Local Sales and Use Tax 1,236,946
Measure PS Sales Tax 1,403,760
Total Adjusted Revenues $38,701,866 $41,248,490
Expenditures
Adopted Expenditures (including Transfers Out)$38,251,154 $38,251,154
1stQuarter Council Approved Budget Adjustments 31,500
2nd Quarter Council Approved Budget Adjustments 17,050
February Council Approved Budget Adjustments 61,500
City Clerk Operational Budget (Proposed)76,656
Community Development Operational Budget (Proposed)900
Finance & Administration Operational Budget (Proposed)195,645
Public Works Operational Budget (Proposed)6,004
Technology Services Operational Budget (Proposed)25,000
L.A. County Sheriff Contract (673,656)
Furlough Savings (261,018)
Cash-Out Savings (52,425)
Lay-Off Savings (393,372)
Transfer Out – Garage Fund 583,456
Transfer Out – Self Insurance Fund 1,142,787
Total Adjusted Expenditures $38,251,154 $39,011,271
Operating(Deficit)/Surplus $450,712 $2,237,219
Beginning Fund Balance $5,529,106 $2.362,692
Ending Fund Balance $5,979,818 $4,599,911
The second column on Table 4 represents the FY 2020-21 Adjusted Budget taking into account all unanticipated
expenditures and proposed budget adjustments. Based on the second column, the new FY 2020-21 ending fund
balance is projected to be $4,599,911 The new reserve level is above the minimum General Fund reserve level of
10% of the current-year operating budget.
FY 2020-21 Mid-Year Budget Adjustments
Staff is presenting the following Mid-Year Budget Adjustments for Council’s consideration to amend the FY 2020-
21 Budget for the General Fund.
1. City Clerk Operational Budget ($76,656 – All Funds) – An additional appropriation in the amount of
$76,656 from General Fund reserves is needed to cover costs for election expenses, salary expenses, and
part-time staff assistance.
2. Community Development Operational Budget ($900 – General Fund; $68,063 – All Funds) – An
additional appropriation in the amount of $900 from General Fund reserves, $11,459 from Community
City Council Regular Meeting - Page 261 of 268
Development Housing A Fund reserves, $49,204 from HUD/CDBG reserves, and $6,500 from Urban
Farming Fund reserves) is contract extension, stipends, salary expenses, cannabis business license fees.
3. Finance & Administration Operational Budget ($195,645 – General Fund; $269,075 – All Funds) – An
additional appropriation in the amount of $269,075 ($195,645 from General Fund reserves, $66,645 from Water
Fund reserves, and 6,785 from Water Fund reserves,) is needed to cover potential settlement and legal fees for the
current fiscal year.
4. Public Works Operational Budget ($6,004 – General Fund; $1,511,221 – All Funds) – An additional
appropriation in the amount of $1,511,221 ($6,004 from General Fund reserves, $12,416 from SB 1 Fund
reserves, $3,424 from Measure M Fund reserves, $3,725 from Prop C Fund reserves, $29,666 from
Measure R Fund reserves, $355,000 from Transportation Fund reserves, $5,218 from Lighting
Maintenance Fund reserves, $219,339 from Landscape Maintenance Fund reserve, $2,700 from Beverage
Recycling Fund reserves, $2,000 from Used Oil Recycling Fund reserves, $840,118 from Water Fund
reserves, $16,600 from Sewer Fund reserves, and $15,011 from Garage Fund reserves) is needed for
overtime costs, salary costs, fixed route contractual services, etc. Please note the projected ending fund
balance for the Landscape Maintenance Fund is ($3,710,193).
5. Information Technology Operational Budget ($25,000 – General Fund; $35,000 – All Funds) – An
additional appropriation in the amount of $35,000 ($25,000 from General Fund reserves and $10,000 from
Water Fund reserves) is needed to implementation of Eden Payroll module and annual maintenance for
Storage Area Network critical storage infrastructure for all virtual servers and storage.
Staff is also recommending Mid-Year Budget Adjustments for the City Council’s consideration to amend the FY
2020-21 Budget for other funds. The proposed FY 2020-21 Mid-Year Budget adjustments are listed in Schedule
A.
Other Revenue
Due to the pandemic, the City has not been allowed to shut off water billing accounts for nonpayment. The City has
accumulated a substantial amount of uncollectible revenue. The chart below reflects water-billing accounts still
owed to the City for the categories listed below.
Billing Cycle 0-45 46-
60
61-90 90+Total
Cycle 1
Water/Printing
totals
$ 264,979.56 $ -$ -$240,370.61 $ 505,350.17
Cycle 2
Water/Printing
totals
961,502.61 -128,447.05 195,303.19 1,285,144.55
Cycle 4
Sewer/Printing
totals
11,071.42 --43,194.19 54,265.61
Cycle 5
Water/Printing
totals
11,814.77 -652.36 1,061.47 13,528.60
Grand Totals $1,249,368.36 $ -$129,099.41 $479,929.46 $1,858,397.23
Closing
As we are in the midst of the FY 2020-21 budget, it is imperative that City stay above the minimum General Fund
reserves levels. Falling below the minimum reserve level raises serious and alarming concerns to the City’s fiscal
condition and the City’s ability to contend with unanticipated fiscal challenges of the pandemic and those that may
be on the horizon, as well as the potential adverse impacts to the City’s bond ratings. The City must utilize all tools
available to reduce costs and bolster General Fund reserve.
We must continue to identify corrective actions to address the City’s fiscal issues so that the City does not end up
in a state of fiscal distress.
City Council Regular Meeting - Page 262 of 268
Fiscal Impact:
The FY 2020-21 projected General Fund ending fund balance is $4,599,911.
Coordinated With:
City Manager's Office
City Attorney
All Departments
ATTACHMENTS:
Description
Resolution - FY 20201-21 Mid Year Financial Review
FY 2020-21 Proposed Mid Year Adjustments_Schedule A
City Council Regular Meeting - Page 263 of 268
RESOLUTION NO._____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECEIVING
AND FILING THE FISCAL YEAR (FY) 2020-21 MID-YEAR FINANCIAL
REVIEW, AND APPROVING THE FY 2020-21 MID-YEAR BUDGET
ADJUSTMENTS TO AMEND THE FY 2020-21 ADOPTED BUDGET
HERETO ATTACHED AS SCHEDULE A
WHEREAS, the City Council of the City of Lynwood (the “City Council”) approved
the City of Lynwood’s Fiscal Year 2020-21 (FY 21) Operating Budget on July 2, 2019;
and
WHEREAS, the City’s biennial adopted budgets are based on certain assumptions
and meeting expenditure and revenue projections; and normally, at the mid-year point of
the fiscal year, the Mid-Year Financial Review is presented to provide an updated
Financial Forecast for the current-year; and
WHEREAS, staff also presents an annual Mid-Year Financial Review to the City
Council to report on the City’s fiscal performance through mid-year (July through
December), comparing all revenues and expenditures incurred during the first two
quarters of FY 21 to the same period in FY 20; and
WHEREAS, further, the Finance & Administration Department meets with
departments quarterly during the fiscal year to monitor spending, assess revenues, and
identify unanticipated or critical-need issues that may arise and require budget
adjustments to the current-year budget; and
WHEREAS, staff has identified several Citywide fiscal issues that were not
included in the FY 21 Budget that will require amendments to avoid disruption of services
and ensure proper funding levels; and
WHEREAS, as a result, staff is recommending the following proposed budget
adjustments, hereto attached as Schedule A, which will amend the FY 21 Budget; and
WHEREAS, if the recommended budget adjustments are approved by Council, the
FY 21 projected ending fund balance is $4.59 million.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. By adoption of this resolution, the City Council approves the FY 21
Proposed Budget Adjustments hereto attached as Schedule A and hereby amends the
FY 21 Budget.
City Council Regular Meeting - Page 264 of 268
2
Section 2. The City Council authorizes the City Manager, or designee, to make the
necessary budget adjustments to the City’s financial system to reflect appropriate
changes to the FY 21 Budget.
Section 3. The City Manager, or designee, is authorized to true-up the budget at the
end of the fiscal year, ensuring all carryovers are processed and reflected in the new
fiscal year.
Section 4. The City Council authorizes the City Manager, or his designee, to discuss
budget alternatives with the labor unions.
Section 5. 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 16th day of March 2021.
______________________________
Marisela Santana
Mayor
ATTEST:
___________________________
Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia John Downs
City Attorney Director of Finance & Administration Services
City Council Regular Meeting - Page 265 of 268
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 16th day of March 2021, 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 16th day of March 2021.
________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 266 of 268
City of Lynwood
Schedule A
FY 2020-21 Proposed Budget Adjustments
# Proposed Adjustment
1 City Clerk Operational Budget $76,656 Community Development
Subtotal: $76,656 $0
2 Community Development
Operational Budget
$11,459 Community
Development
Housing A Fund
Community Development
$6,500 Urban Farming
$49,204 HUD/CDBG Fund
Subtotal: $0 $67,163
3 Finance & Administration
Operational Budget
$195,645 $66,645 Water Fund Finance & Administration
$6,785 Sewer Fund
Subtotal: $195,645 $73,430
4 Human Resources Operational
Budget
$250,000 Self Insurance
Fund
Human Resources
Subtotal: $0 $250,000
5 Public Works Operational
Budget
$6,004 $12,416 SB 1 Fund Public Works
$3,424 Measure M Fund
$3,725 Prop C Fund
$29,666 Measure R Fund
$355,000 Transportation
$5,218 Lighting Maint
Fund
$219,339 Landscape Maint
Fund
$2,700 Beverage
Recycling Fund
$2,000 Used Oil
Recycling Fund
$840,118 Water Fund
$16,600 Sewer Fund
$15,011 Garage Fund
Subtotal: $6,004 $1,505,217
6 Technology Services
Operational Budget
$25,000 $10,000 Water Fund Technology
Subtotal: $25,000 $10,000
7 Debt Service ($263,282) Measure R
(BANS)
Finance &
Administration
$263,282 Measure R
($1,121,423) 2019 Lease
Revenue Bonds
$131,035 2020 Lease
Revenue Bonds
Subtotal: $0 ($990,388)
8 L.A. County Sheriff Contract ($673,656) Public Safety
Subtotal: ($673,656) $0
9 Capital Improvement Projects $196,397 Capital
Improvement
Projects Fund
Public Works
Subtotal: $0 $196,397
10 Refuse Fund ‐ Transfer Out to
General Fund
$800,000 Refuse Fund Finance & Administration
Subtotal: $0 $800,000
11 Contingency Set Aside Fund ‐
Transfer Out (General Fund)
$879,968 Contingency Set
Aside Fund
Finance & Administration
Subtotal: $0 $879,968
12 COBRA Payments $52,688 Self Insurance
Fund
Human Resources
Subtotal: $0 $52,688
13 Furlough Savings ($261,018) Public Safety
Subtotal: ($261,018) $0
14 Cash‐Out Savings ($52,425) Public Safety
Subtotal: ($52,425) $0
15 Layoff Savings ($393,372) Public Safety
Department/Divisions
Proposed
Other Funds
Adjustment Amount
Proposed
General Fund
Adjustment Amount
EXPENDITURES
City Council Regular Meeting - Page 267 of 268
City of Lynwood
Schedule A
FY 2020-21 Proposed Budget Adjustments
# Proposed Adjustment Department/Divisions
Proposed
Other Funds
Adjustment Amount
Proposed
General Fund
Adjustment Amount
Subtotal: ($393,372) $0
16 General Fund ‐ Transfer Out to
Garage Fund
$583,546 Finance & Administration
Subtotal: $583,546 $0
17 General Fund ‐ Transfer Out to
Self Insurance Fund
$1,142,787 Finance & Administration
Subtotal: $1,142,787 $0
18 Prop A ‐ Transfer Out to
Transportation Fund
$355,000 Prop A Fund Finance & Administration
Subtotal: $0 $355,000
Total FY 2020‐21 Proposed
Budget Adjustments: $649,168 $3,199,475
# Proposed Adjustment
1 Cell Tower Sales/Leaseback ($2,000,000) Finance &
Administration
Subtotal: ($2,000,000) $0
2 General Fund ‐ Transfer In from
Refuse Fund
$800,000 Finance &
Administration
Subtotal: $800,000 $0
3
General Fund ‐ Transfer In from
Contingency Set Aside Fund
$879,968 Finance &
Administration
Subtotal: $879,968 $0
4 Quarterly Cannabis Tax $115,000 Community Development
Subtotal: $115,000 $0
5 Bradley Burns 1% Local Sales
and Use Tax
$1,236,946 Finance & Administration
Subtotal: $1,236,946 $0
6 Measure PS Sales Tax $1,403,760 Community Development
Subtotal: $1,403,760 $0
7 Garage Fund ‐ Transfer In from
General Fund
$583,546 Garage Fund Finance &
Administration
Subtotal: $0 $583,546
8
Self Insurance Fund ‐ Transfer
In from General Fund
$1,142,787 Self Insurance
Fund
Finance &
Administration
Subtotal: $0 $1,142,787
9
Transporation Fund ‐ Transfer
In from Prop A Fund
$355,000 Transportation Finance &
Administration
Subtotal: $0 $355,000
Total FY 2020‐21 Proposed
Budget Adjustments: $2,435,674 $2,081,333
Department/Divisions
REVENUES
Proposed Proposed
City Council Regular Meeting - Page 268 of 268