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HomeMy Public PortalAbout2022-02-01-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 February 1, 2022 COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238 Duly Posted on 1/27/22 By MQ 6:00 PM 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3.ROLL CALL OF COUNCIL MEMBERS Jorge Casanova, Mayor Jose Luis Solache, Mayor Pro Tem Oscar Flores, Council Member Marisela Santana, Council Member Rita Soto, Council Member 4.PLEDGE OF ALLEGIANCE 5.INVOCATION 6.PRESENTATIONS/PROCLAMATIONS Update on Law Enforcement Issues City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). City Video(s) Black History Month Proclamation 2021 Gateway Cities Energy Action Award Miss & Mr. Lynwood Ambassador Court City Council Regular Meeting - Page 1 of 223 7.COUNCIL RECESS TO: Lynwood Successor Agency Lynwood Housing Authority Lynwood Public Financing Authority 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).) CITY COUNCIL ORAL AND WRITTEN COMMUNICATION 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. 8.APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated February 1, 2022 for FY 2021-2022. (FIN) Recommendation: Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register date February 1, 2022 for FY 2021-2022. 9.TREASURER'S QUARTERLY REPORT Comments: The purpose of this item is to have the Honorable Mayor and the Lynwood City Council review the Treasurer’s Quarterly Investment Report as required by State Statutes. (CT) Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the quarter ending December 31, 2021. 10.VEHICLE OWNERSHIP TRANSFER TO THE LYNWOOD PARTNERS EDUCATIONAL FOUNDATION Comments: As part of its official, 2021 Centennial activities, the City received a cash donation from a sponsor that was intended to fund the purchase a vehicle to be raffled to the public. All proceeds from the vehicle raffle were then to be donated to the Lynwood Partners Educational Foundation (LPEF) to benefit its Lynwood student scholarships. After the City purchased the vehicle, it was determined that, due to its status as a government agency, the City was not best suited to conduct a public raffle program. The City now wishes to donate the new vehicle to the LPEF so that it can operate the raffle program, while maintaining the original intent of having all proceeds be applied City Council Regular Meeting - Page 2 of 223 fully towards scholarships for Lynwood students. (REC) Recommendation: Staff recommends that the City Council adopt the attached resolution titled: “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THAT A PUBLIC PURPOSE IS SERVED BY APPROVING THE DONATION AND TRANSFER OF OWNERSHIP OF A CITY-OWNED VEHICLE TO THE LYNWOOD PARTNERS EDUCATIONAL FOUNDATION FOR A PUBLIC CAR RAFFLE TO BENEFIT SCHOLARSHIPS FOR LYNWOOD STUDENTS.” 11.APPROPRIATION FOR FY22 AND BUDGET AMENDMENT FOR FY23 TO ALLOW COORDINATION OF COMMUNITY CLEAN-UP EVENTS, AND THE RESCHEDULING OF THE CLEAN-UP EVENTS FROM MONTHLY EVENTS TO QUARTERLY EVENTS Comments: On December 8, 2021, City Council approved a resolution to hold monthly neighborhood clean-up events in the City of Lynwood with an appropriation for FY 22 and Budget Amendment for FY 23. Staff would like to request an additional appropriation of $10,000 for both fiscal years to allow coordination of the Mayor's clean-up initiative and existing clean-up events, and the rescheduling of the clean-up events from monthly events to quarterly events. (CM) Recommendation: Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN APPROPRIATION OF $10,000 FROM THE GENERAL FUND TO THE CITY COUNCIL SPECIAL PROGRAMS/ACTIVITIES ACCOUNT (1011.10.101.67960) FOR FY22 AND BUDGET AMENDMENT OF $10,000 FOR FY23 TO ALLOW COORDINATION OF THE MAYOR'S CLEAN-UP INITIATIVE AND EXISITING CITY CLEAN-UP EVENTS, AND THE RESCHEDULING OF THE CLEAN-UP EVENTS FROM MONTHLY EVENTS TO QUARTERLY EVENTS.” 12.APPROVAL OF THE LYNWOOD ECONOMIC & COMMUNITY ENHANCEMENT PLAN AND AMERICAN RESCUE PLAN ACT FUNDING ALLOCATION Comments: On March 10, 2021, President Joe Biden signed into law the American Rescue Plan Act (ARPA) which will provide a $1.9 trillion stimulus to the United States economy. Through the passage of ARPA, the City will be allocated $24.4 million in two equal installments of $12.2 million (the first allocation was already received and the second will be received in May 2022). (CM) Recommendation: Staff recommends that the City Council approve the corresponding budgets related to the Lynwood Economic & Community Enhancement Plan budget. 13.NOTIFICATION OF INTENT TO COMPLY PURSUANT TO SB 619 Comments: Jurisdictions are required to implement SB 1383 starting on January 1, 2022. As jurisdictions are preparing to implement the law, many local governments are facing challenges due to the COVID- 19 pandemic. In response, Governor Newsom signed SB 619 (Laird, Chapter 508, Statutes of 2021) into law to support local governments as they design and implement successful organic waste recycling programs throughout the state. The law authorizes CalRecycle to waive civil penalties if a jurisdiction submits a Notification of Intent to Comply for some or all of the regulatory requirements and successfully implements a plan to correct their violations. (PW) City Council Regular Meeting - Page 3 of 223 Recommendation:Staff recommends that the City Council adopt a resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONSENTING TO ADOPT AND RATIFY THIS RESOLUTION ON THE SUBMITTAL OF THE NOTIFICATION OF INTENT TO COMPLY PURSUANT TO SB 619.” NEW/OLD BUSINESS 14.COUNCIL AUTHORIZATION TO APPROVE DEVELOPMENT AGREEMENT WITH SIFI NETWORKS TO BUILD A CITYWIDE FIBER OPTIC NETWORK IN THE CITY OF LYNWOOD Comments: On December 14, 2021, the City Council discussed the specifications of the SiFi Networks implementation and made further considerations of the impact to the City's streets as well as the collection of franchise fees. This item will determine the City Council's final decision to approve or deny the Development Agreement with SiFi Networks to buildout a citywide fiber optic network within the City of Lynwood. On July 6, 2021, the City Council authorized the Mayor or designee to negotiate a development agreement with SiFi Networks to build a citywide fiber optic network. Additionally, the City Council requested a cooperative agreement between the Lynwood Unified School District and City to ensure we work together to provide lasting benefits for students, residents, and businesses. (IT) Recommendation: Staff recommends that the City Council make the final decision to approve or deny the development agreement with SiFi Networks to build a citywide fiber optic network within the City of Lynwood. If approved, the City Council will adopt the resolution entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR OR DESIGNEE TO ENTER INTO AND SIGN A DEVELOPMENT AGREEMENT WITH SIFI NETWORKS TO BUILD A CITYWIDE FIBER OPTIC NETWORK." 15.FARMERS MARKET AT LYNWOOD CITY PARK Comments: Local farmers markets increase community access to fresh and nutritious food. Hunger Action Los Angeles and Ven-A-Ver Events are proposing to partner and operate a community farmers market at Lynwood City Park. The proposed operation will offer traditional farmers market vendors selling to the public as well as serving as a positive community space for area residents to enjoy. Staff is requesting authority from the City Council to designate space at Lynwood City Park for a farmers market and to negotiate and enter into an agreement with Hunger Action Los Angeles & Ven-A-Ver Events to produce and operate the market. (REC) Recommendation: Staff requests that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO DESIGNATE SPACE AT LYNWOOD CITY PARK FOR A FARMERS MARKET AND TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH HUNGER ACTION LOS ANGELES AND VEN-A-VER EVENTS TO PRODUCE A FARMERS MARKET LOCATED AT LYNWOOD CITY PARK 11301 BULLIS ROAD.” 16.AWARD OF CONTRACT TO LOS ANGELES ENGINEERING, INC. FOR THE LYNWOOD URBAN BIKE TRAIL Comments: On October 29, 2021, the Public Works Department issued a Notice Inviting Bids for the City Council Regular Meeting - Page 4 of 223 construction of the Lynwood Urban Bike Trail and Bike Trail Extension (Project). On December 14, 2021, the Public Works Department received seven (7) bids. Although, Horizons Construction Company (Horizons) submitted the lowest bid at $3,996,760, it withdrew its bid due to a mathematical error within five days from the bid opening. The second lowest bid is from Los Angeles Engineering, Inc. in the amount of $5,340,000. Additional appropriation is needed to move forward with the Project based on the second lowest bid received. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL AWARDING A CONTRACT TO LOS ANGELES ENGINEERING, INC. FOR THE LYNWOOD URBAN BIKE TRAIL PROJECT (CIP NOS. 4011.68.046 AND 4011.68.084) IN THE AMOUNT NOT TO EXCEED $5,340,000; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING AN APPROPRIATION FOR FY22 AND FY23 IN THE AMOUNT OF $2,000,000 FROM PROPOSITION C (FUND 2351) AND $291,156 FROM MEASURE M (FUND 2350) FOR THE URBAN GREENING-BIKE TRAIL (4011.68.046); AND APPROPRIATION OF $497,504 FROM MEASURE M BONDS FOR THE BIKE TRAIL EXTENSION (4011.68.084).” 17.FINDING OF NON-RESPONSIBITY FOR UNITED CONSTRUCTION AND LANDSCAPE, INC. AND AWARD OF CONTRACT TO CALIFORNIA LANDSCAPE & DESIGN, INC. FOR THE FERNWOOD AVENUE PARK PROJECT Comments: On October 12, 2021, the Public Works Department issued a Notice Inviting Bids for the construction of the Fernwood Avenue Park Project -RMC Grant (Project). On December 14, 2021, the Public Works Department received nine (9) bids. Although, United Construction & Landscape, Inc. (United) submitted the lowest bid, after review of the bid submittal, staff met with United on January 25, 2022 to present United an opportunity to provide additional relevant evidence bearing on a determination whether the company has the relevant experience to be considered a responsible bidder under California Public Contract Code 1103. After the meeting, staff determined that United does not have the necessary experience to adequately peform the concrete finishing tasks. To proceed with the construction of the Project, staff recommends for the City Council to do the following: 1) make a finding of Non-Responsibility on United Construction & Landscape, Inc. for the Fernwood Avenue Park Project,; 2) and to award the construction of the Project to California Landscape and Design, Inc. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: 1) “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING A FINDING OF NON-RESPONSIBILITY FOR UNITED CONSTRUCTION & LANDSCAPE, INC. FOR THE FERNWOOD AVENUE PARK PROJECT –RMC GRANT (CIP 4011.68.037).” 2) “A RESOLUTION OF THE CITY COUNCIL AWARDING A CONTRACT TO CALIFORNIA LANDSCAPE & DESIGN INC. IN THE AMOUNT OF $2,385,294.70 FOR THE FERNWOOD AVENUE PARK PROJECT–RMC GRANT (CIP 4011.68.037); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $359,000 FROM MEASURE R (FUND 2352) AND $333,000 FROM LEASE REVENUE BOND (FUND 9053) FOR THE PROJECT.” 18.PROPOSED ORDINANCE ON THE MANDATORY ORGANIC WASTE DISPOSAL City Council Regular Meeting - Page 5 of 223 REDUCTION Comments: SB1383 the Short-lived Climate Pollutant Reduction Act of 2016 requires the State to reduce landfill disposal of organic waste by 75% by 2025. To meet those targets, the State placed several requirements on jurisdictions. One of those requirements is the adoption and enforcement an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. (PW) Recommendation: Staff recommends that as required by State law the City Council introduce for the first reading, read by title only and waive further reading, the attached ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ADDING SECTION 9-7 "MANDATORY ORGANIC WASTE DISPOSAL REDUCTION" TO THE LYNWOOD MUNICIPAL CODE.” 19.STAFF ORAL COMMENTS ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON FEBRUARY 15, 2022 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 6 of 223 Agenda Item # 8. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Michael Blazenski-Interim 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 date February 1, 2022 for FY 2021-2022. Background: N/A Discussion and Analysis: N/A Fiscal Impact: FY 2021-2022 Coordinated With: City Manager CityAttorney ATTACHMENTS: Description WARRANT RUN 2 1 2022 City Council Regular Meeting - Page 7 of 223 apCkHlst 01/25/2022 8:45AM Bank code: apbank Void Check# Date Vendor 203263 203639 11/16/2021 012486 JAVIER ARMANDO PEREZ 01/11/2022 013288 SPECTRUM 2 checks in this report Void-Check Listing City of Lynwood Status ClearNoid Date Reason-Vold Reissue 01/18/2022 LOST IN MAIL 203708 01/13/2022 SEPARATE CK 203709 01/13/2022 203710/203711 01/13/2022 Page: 1 Inv. Date Amount Paid Check Total 10/22/2021 2,179.44 2,179.44 12/16/2021 214.98 12/15/2021 162.41 12/16/2021 145.32 522.71 apbank Total: 2,702.15 Total Checks: 2,702.15 Page:1 City Council Regular Meeting - Page 8 of 223 vchlist Electronic Financial Transaction List Page: 2 01/25/2022 7:00:56AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 1229 12/1/2021 013091 PERS 457 Ben141325 DEF COMP -PERS 457: PAYMENT 6,671 .54 Total: 6,671 .54 1240 12/14/2021 013090 PERS Ben141552 PERS: PAYMENT 51,477.68 Total: 51,477.68 1242 12/14/2021 013091 PERS457 Ben141556 DEF COMP-PERS 457: PAYMENT 7,071 .54 Total: 7,071.54 1247 12/21/2021 013090 PERS Ben141644 PERS: PAYMENT 52,620.72 Total: 52,620.72 1249 12/21/2021 013091 PERS457 Ben141648 DEF COMP -PERS 457: PAYMENT 7,071 .54 Total: 7,071.54 1250 12/15/2021 010069 NATIONWIDE RETIREMENT SOLUTION Ben141650 DEF COMP-NATIONWIDE: 5,535.00 Total : 5,535.00 1257 12/22/2021 010069 NATIONWIDE RETIREMENT SOLUTION Ben142184 DEF COMP-NATIONWIDE: 12,151 .31 Total: 12,151.31 1005143 12/22/2021 013121 AUL HEALTH BENEFITTRUSTC/O, 013121-013122 REIMB RETIREE MEDICAL PREMIUM 31,735.41 Total: 31,735.41 1005144 12/15/2021 000372 FIRE DEPARTMENT, LOS ANGELES C0010171 01-001624 FIRE PROTECTION SERVICES 654,977.83 Total: 654,977.83 1005145 12/21/2021 009720 CITY OF LYNWOOD 2081-2083 REPLENISH LIABILITY ACCOUNT 36,287.56 Total: 36,287.56 1005146 12/21/2021 000124 CITY OF LYNWOOD 34840-34902 REPLENISH WORKERS' COMP 22,254.38 Total: 22,254.38 11 Vouchers for bank code : apbank Bank total: 887,854.51 Page: 2 City Council Regular Meeting - Page 9 of 223 vchlist Prepaid-Check List Page: 3 01/24/2022 4:50:29PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203699 1/18/2022 006399 AT&T 000017507468 TELEPHONE SERVICE 1,239.69 000017553902 TELEPHONE SERVICE 820.26 000017555115 TELEPHONE SERVICE 186.46 Total : 2,246.41 203700 1/18/2022 009081 AVILA, JOSE LUIS 009081-120821-1 PER DIEM 325.00 Total : 325.00 203701 1/18/2022 004935 CHARLES P. CROWLEY CO. 29264 06-009335 GRUNDFOS PUMPS AND KITS 4,831.16 Total: 4,831.16 203702 1/18/2022 011192 INSURANCE CO., FIDELITY SECURITY 165109419 VISION PREMIUM 1/2022 267.60 Total: 267.60 203703 1/18/2022 000163 SOUTHERN CALIFORNIA EDISON 000163011222 LIGHT & POWER SERVICES 45,667.34 Total : 45,667.34 203704 1/18/2022 001224 STANDARD INSURANCE COMPANY 001224-013122 LIFE INSURANCE PREMIUM 1/2022 801 .00 Total : 801.00 203705 1/18/2022 000486 LIBERTY UTILITIES 158555-01 0422 06-009129 WATER USE FOR IRRIGATION 121.71 164055-010422 06-009129 WATER USE FOR IRRIGATION 16.54 164060-010422 06-009129 WATER USE FOR IRRIGATION 16.54 Total : 154.79 203706 1/18/2022 013086 DIV LEVYING OFFICER, SHERIFF'S Ben142575 LEVYING OFFICER: PAYMENT 690.02 Total: 690.02 203707 1/18/2022 013084 LE, JESSICA Ben142419 JESSICA HERRERA: PAYMENT 293.00 Ben142591 JESSICA HERRERA: PAYMENT 293.00 Total : 586.00 203708 1/18/2022 012486 PEREZ, JAVIER ARMANDO 012486-103121 08-004704 LATIN DANCE CLASSES 2,179.44 Total : 2,179.44 203709 1/18/2022 013288 SPECTRUM 0031912121621 12-000365 INTERNET AND CABLE FOR CITY 145.32 Page: 3 City Council Regular Meeting - Page 10 of 223 vchlist Prepaid-Check List Page: 4 01/24/2022 4:50:29PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203709 1/18/2022 013288 013288 SPECTRUM (Continued) Total: 145.32 203710 1/18/2022 013288 SPECTRUM 0543478121621 12-000365 INTERNET AND CABLE FOR CITY 214.98 Total: 214.98 203711 1/19/2022 013288 SPECTRUM 0603173121521 12-000365 INTERNET AND CABLE FOR CITY 162.41 Total: 162.41 203712 1/18/2022 001224 STANDARD INSURANCE COMPANY Ben141620 AD&D STANDARD LIFE INSURANCE: 627.21 Ben142158 STANDARD LIFE INSURANCE: 687.66 Ben142403 AD&D STANDARD LIFE INSURANCE: 65.13 Total: 1,380.00 203713 1/24/2022 000955 CENTRAL BASIN MUNICIPAL WATER LYN-DEC21 06-009224 IMPORTED DRINKING WATER 37,459.62 Total: 37,459.62 203714 1/24/2022 013321 HERNANDEZ, ERNIE 149192156 01-001678 REIMBURSEMENT FOR MAYORS 1,422.05 DfF3 01-001677 REIMBURSEMENT FOR CITY COUNCIL 278.38 xOAf 01-001677 REIMBURSEMENT FOR CITY COUNCIL 277.83 Total: 1,978.26 203715 1/24/2022 000353 INFOSEND, INC. 188896 02-002545 PRINTING/MAILING OF UTILITY 2,180.90 192113 02-002545 PRINTING/MAILING OF UTILITY 5,319.12 195343 06-009382 CCR BOOKLET MAILING 8,241.05 195647 02-002545 PRINTING/MAILING OF UTILITY 3,136.64 197440 02-002545 PRINTING/MAILING OF UTILITY 2,181 .01 199485 02-002545 PRINTING/MAILING OF UTILITY 3,314.39 201148 02-002545 PRINTING/MAILING OF UTILITY 5,626.81 202259 02-002545 PRINTING/MAILING OF UTILITY 762.00 204667 02-002545 PRINTING/MAILING OF UTILITY 5,616.53 Total : 36,378.45 203716 1/24/2022 013367 TANNER LLC SIN022859 01-001663 ARPA ADMINISTRATION 11,000.00 SIN023398 01-001668 ARPA ADMINISTRATION 14,000.00 SIN024064 01-001668 ARPA ADMINISTRATION 8,000.00 Total: 33,000.00 203717 1/24/2022 011963 WEX BANK 77598712 06-009141 FUEL CHARGES FOR CITY VEHICLES 7,787.07 Page: 4 City Council Regular Meeting - Page 11 of 223 vchlist 01/24/2022 4:50:29PM Bank code: apbank Voucher 203717 Date Vendor 1/24/2022 011963 011963 WEXBANK 19 Vouchers for bank code: 19 Vouchers in this report apbank Prepaid-Check List City of Lynwood Invoice (Continued) PO# Description/Account ------- Total: Bank total: Total vouchers : Page: 5 Amount 7,787.07 176,254.87 176,254.87 Page: 5 City Council Regular Meeting - Page 12 of 223 vchlist Check List Page: 6 01/25/2022 2:04:0SPM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203718 2/1/2022 013475 ACEVES, AURELIA 140467 REIMB-LIVE SCAN 20.00 Total: 20.00 203719 2/1/2022 000150 ADDICTION MEDICINE CONSULTANTS 12M22 05-001902 RANDOM PULL DRUG SCREEN 1,680.00 Total: 1,680.00 203720 2/1/2022 013471 ADVANCED ROOFING SYSTEMS INC 2868 11-002041 HOME HOUSING REHAB PROGRAM 9,000.00 Total: 9,000.00 203721 2/1/2022 007439 ALL CITY MANAGEMENT SVCS, INC. 74210 11-001916 SCHOOL CROSSING GUARD SERVICES 8,090.54 Total: 8,090.54 203722 2/1/2022 010746 ALVAREZ-GLASMAN & COLVIN 2021-08-19970 02-002525 LEGAL SERVICES 5,599.46 2021-08-19970-1 02-002525 LEGAL SERVICES 5,248.50 2021-08-19970-2 02-002525 LEGAL SERVICES 8,272.00 2021-08-19970-3 02-002525 LEGAL SERVICES 624.00 2021-08-19970-4 02-002525 LEGAL SERVICES 507.50 2021-08-19971 02-002525 LEGAL SERVICES 1,750.00 2021-08-19971-1 02-002525 LEGAL SERVICES 1,114.42 2021-08-19972 02-002525 LEGAL SERVICES 50.00 2021-08-19973 02-002525 LEGAL SERVICES 2,889.40 2021-09-20003 02-002525 LEGAL SERVICES 9,577.32 2021-09-20003-1 02-002525 LEGAL SERVICES 7,136.50 2021-09-20003-2 02-002525 LEGAL SERVICES 9,922.00 2021-09-20003-3 02-002525 LEGAL SERVICES 1,832.50 2021-09-20003-4 02-002525 LEGAL SERVICES 526.50 2021-09-20003-5 02-002525 LEGAL SERVICES 440.00 2021-09-20004 02-002525 LEGAL SERVICES 250.00 2021-09-20005 02-002525 LEGAL SERVICES 450.00 2021-09-20006 02-002525 LEGAL SERVICES 50.00 2021-09-20007 02-002525 LEGAL SERVICES 1,954.40 Total: 58,194.50 203723 2/1/2022 002452 AMERICAN LANGUAGE SVCS. 66653 01-001653 TRANSLATION SERVICES 397.90 Total : 397.90 Page: 6 City Council Regular Meeting - Page 13 of 223 vchlist Check List Page: 7 01/25/2022 2:04:0&PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203724 2/1/2022 011094 AM-TEC TOTAL SECURITY, INC. 620317 08-004698 ALARM SYSTEM AT HENNING 93.33 Total: 93.33 203725 2/1/2022 003993 ASCAP 500639578-123022 08-004815 ANNUAL MUSIC LICENSE 780.00 Total : 780.00 203726 2/1/2022 005344 AT&T MOBILITY 287260367753X0108222 12-000367 CELL PHONE SERVICE 3,273.69 Total : 3,273.69 203727 2/1/2022 003562 BECERRA, ROWLAND 003562-011122 11-002020 PLANNING COMMISSIONER 50.00 Total : 50.00 203728 2/1/2022 012545 BIG BELLY SOLAR LLC 39265 06-009314 ANNUAL LEASE OF 8 SOLAR 17,137.39 Total : 17,137.39 203729 2/1/2022 001330 CANON FINANCIAL SERVICES, INC. 27930547 12-000368 CANON LEASE AGREEMENT 321 .75 27930548 12-000368 CANON LEASE AGREEMENT 770.16 27930549 08-004691 CANON FINANCIAL SOLUTIONS 262.81 Total : 1,354.72 203730 2/1/2022 000488 CANON SOLUTIONS AMERICA, INC 4038197784 12-000369 CANON PRINTS AND MAINTENANCE 22.00 4038313352 08-004692 CANON SOLUTIONS RECREATION 207.23 4038314961 08-004692 CANON SOLUTIONS RECREATION 579.79 4038485039 12-000369 CANON PRINTS AND MAINTENANCE 22.00 Total : 831.02 203731 2/1/2022 012005 CARNEY MEHR, A LEGAL CORP. 191 05-001910 LEGAL SERVICES ON LABOR 5,637.50 Total : 5,637.50 203732 2/1/2022 008889 CASANOVA, JORGE A. 008889-010621 REIMB-RETURNED CHECK FEE 12.00 008889-022822 ELECTRONIC/MEDIA-AUTO EXPENSES 2/2022 500.00 Total: 512.00 203733 2/1/2022 010121 CHERRY, CAROLYN 063023 REFUND-RENTAL DEPOSIT 150.00 Total : 150.00 203734 2/1/2022 006775 CMTA 006775-2022 MEMBERSHIP DUES 175.00 Page: 7 City Council Regular Meeting - Page 14 of 223 vchlist Check List Page: 8 01/25/2022 2:04:06PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203734 2/1/2022 006775 006775 CMTA (Continued) Total : 175.00 203735 2/1/2022 010754 COOL IMAGE WATER, DBA/ AMERICAN 1404 02-002523 PURIFIED DRINKING WATER 29.95 1405 08-004681 DRINKING WATER SERVICE 17.97 1409 08-004681 DRINKING WATER SERVICE 41.93 1410 08-004681 DRINKING WATER SERVICE 17.97 Total: 107.82 203736 2/1/2022 001792 CSMFO 300008775 MEMBERSHIP DUES 110.00 Total: 110.00 203737 2/1/2022 000305 CULLIGAN 1242945 06-009196 DRINKING WATER EQUIPMENT 81 .52 Total: 81.52 203738 2/1/2022 001987 DISTRICT OF SOUTHERN CALIF., WATER 001987-113021 06-009159 GROUNDWATER PRODUCTION 147,789.40 Total: 147,789.40 203739 2/1/2022 000003 FIRST CHOICE SERVICES 749694 01-001633 COFFEE SERVICES 319.41 Total: 319.41 203740 2/1/2022 013343 GATEWAY CITIES 2021-2022-1 06-009380 IMPERIAL HWY COMPLETE STREETS 10,960.68 Total: 10,960.68 203741 2/1/2022 010081 GONZALEZ, KIMBERLY 416227 REIMB-LIVE SCAN 20.00 Total : 20.00 203742 2/1/2022 000993 GRM INFORMATION MANAGEMENT 0443969-0443983 01-001638 CITYWIDE OFFSITE RECORDS 684.34 Total: 684.34 203743 2/1/2022 009832 HARDING, ELIZABETH 8. 09832-113021 08-004762 SENIOR CENTER CLASS INSTRUCTOR 510.00 Total: 510.00 203744 2/1/2022 001681 HUMAN SERVICES ASSOCIATION 123120218 08-004716 SENIOR MEALS PROGRAM 2,942.50 Total: 2,942.50 203745 2/1/2022 005848 INFRASTRUCTURE ENGINEERS 26530 REVISED 11-001969 BUILDING & SAFETY CONSUL TING 9,551 .82 26552 11-001930 HOUSING ELEMENT CONSUL TING 1,084.50 26554 11-002011 HOUSING ELEMENT CONSUL TING 8,323.00 Page: 8 City Council Regular Meeting - Page 15 of 223 vchlist Check List Page: 9 01/25/2022 2:04:06PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203745 2/1/2022 005848 INFRASTRUCTURE ENGINEERS (Continued) 26555 11-002011 HOUSING ELEMENT CONSUL TING 1,653.50 Total: 20,612.82 203746 2/1/2022 008254 JCL TRAFFIC SERVICES 112703 06-009318 STREET SIGNS AND SUPPLIES 549.05 Total: 549.05 203747 2/1/2022 001269 JOHN L. HUNTER & ASSOCIATES LYN1SCW12112 06-009361 PREPARATION OF EXPENDITURE 1,991 .25 Total: 1,991.25 203748 2/1/2022 013243 JUAN FRANCISCO MARTIN 013243-011122 11-002021 PLANNING COMMISSIONER 50.00 Total : 50.00 203749 2/1/2022 001612 LEAGUE OF CALIFORNIA CITIES 4001 REGISTRATION-OSCAR FLORES 45.00 Total: 45.00 203750 2/1/2022 009236 LEAK, DEITRA u5kpyds8 08-004812 BARTENDER FOR RENTALS 250.00 Total: 250.00 203751 2/1/2022 013395 M&C CONSTRUCTION GROUP INC 1021 06-009369 PLUMBING, REPAIRS & MAINTENANCE 3,500.00 Total: 3,500.00 203752 2/1/2022 000111 MANAGED HEAL TH NETWORK PRM-068796 05-001882 EMPLOYEE ASSISTANCE PROGRAM 323.95 Total : 323.95 203753 2/1/2022 005256 MONJARAS & WISMEYER GROUP,INC. 21096 05-001896 EMPLOYEE ACCOMMODATION 1,230.00 Total: 1,230.00 203754 2/1/2022 009647 MV CHENG & ASSOCIATES, INC. 12/31/2021 02-002565 PRINCIPAL ACCOUNTANT 4,800.00 Total: 4,800.00 203755 2/1/2022 000475 NATIONWIDE ENVIRONMENTAL SVCS. 32052 06-009209 GRAFFITI REMOVAL 44,500.08 32106 06-009246 STREET SWEEPING SERVICES 45,867.37 32106-A 11-001954 STREET SWEEPING SERVICES 4,536.33 32107 06-009247 SIDEWALK CLEANING SERVICES 1,682.95 32107-A 11-001953 SIDEWALK CLEANING SERVICES 1,075.17 Total: 97,661 .90 Page: 9 City Council Regular Meeting - Page 16 of 223 vchlist Check List Page: 10 01/25/2022 2:04:0SPM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203756 2/1/2022 011922 NORTH STAR LAND CARE LLC 1601-257 06-009320 TREE TRIMMING, MAINTENANCE 1,767.65 1601-258 06-009320 TREE TRIMMING, MAINTENANCE 23,370.95 1601-265 06-009320 TREE TRIMMING, MAINTENANCE 1,230.05 1601-267 06-009320 TREE TRIMMING, MAINTENANCE 1,026.00 Total : 27,394.65 203757 2/1/2022 000078 OFFICE DEPOT, INC. 218489299001 02-002542 OFFICE SUPPLIES 35.73 218499524001 02-002542 OFFICE SUPPLIES 49.62 221332371001 02-002542 OFFICE SUPPLIES 59.61 Total : 144.96 203758 2/1/2022 010945 PETDATA, INC. 10350 11-001940 PET LICENSING SERVICES 500.00 Total: 500.00 203759 2/1/2022 000427 PETTY CASH-C.M.O. 000427-122421 REPLENISH PETTY CASH BOX 218.41 Total: 218.41 203760 2/1/2022 008664 PINS ADVANTAGE 2036 05-001884 CERTIFICATE OF INSURANCE 125.00 Total: 125.00 203761 2/1/2022 006281 PROFESSIONAL SECURITY, IN000116759 08-004700 SECURITY SERVICES 10,197.44 IN000117059 08-004700 SECURITY SERVICES 10,750.32 IN000117060 06-009232 SECURITY SERVICES 2,039.02 Total: 22,986.78 203762 2/1/2022 008690 RICOH USA, INC. 5063461221 06-009287 COPIER MAINTENANCE 179.53 Total: 179.53 203763 2/1/2022 008006 SAFEGUARD BUSINESS SYSTEMS 034641894 02-002522 DEPOSIT BAGS AND SLIPS 215.56 Total: 215.56 203764 2/1/2022 007205 SANCHEZ AWARDS 1947 01-001644 PLAQUES AND ENGRAVING 119.07 1950 01-001644 PLAQUES AND ENGRAVING 237.04 1954 08-004814 MR & MISS LYNWOOD COMPETITON 463.05 Total: 819.16 203765 2/1/2022 008802 SANTANA, MARISELA 008802-022822 ELECTRONIC/MEDIA-AUTO EXPENSES 2/2022 500.00 Page: 10 City Council Regular Meeting - Page 17 of 223 vchlist 01/25/2022 Bank code : Voucher 203765 203766 203767 203768 203769 203770 203771 203772 203773 203774 2:04:06PM apbank Date Vendor 2/1/2022 008802 008802 SANTANA, MARISELA 2/1/2022 006772 SEA CLEAR POOL, INC. 2/1/2022 011928 SEKI, NISHIMURA & WATASE, LLP. 2/1/2022 001272 SJM INDUSTRIAL RADIO 2/1/2022 008668 SOLACHE, JOSE LUIS 2/1/2022 012692 SOTO, RITA 2/1/2022 000163 SOUTHERN CALIFORNIA EDISON Check List City of Lynwood Invoice 22-2444 22-2445 22-2446 22-2447 22-2448 22-2471 24596 24596-A 24773 256290 (Continued) 008668-022822 12692-022822 700048160140 2/1/2022 007558 SUBSTANCES CONTROL, DEPARTMENT 19563 2/1/2022 002938 TAJ OFFICE SUPPLY 00517 00540 00612 00673 2/1/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 659639785 662317601 PO# 06-009171 06-009171 06-009171 06-009171 06-009171 06-009171 05-001885 05-001906 05-001907 08-004760 11-002042 11-002040 11-001986 06-009218 06-009218 06-009218 06-009140 06-009140 Page: 11 Description/Account Amount Total : 500.00 POOL MAINTENANCE 83.70 POOL MAINTENANCE 321 .58 POOL MAINTENANCE 317.17 POOL MAINTENANCE 277.52 POOL MAINTENANCE 277.52 POOL MAINTENANCE 287.06 Total : 1,564.55 LEGAL ADVICE 3,480.00 LEGAL ADVICE ON SKELLY 800.00 SKELLY HEARING VERITEXT 945.00 Total : 5,225.00 MOTOROLA 2-WAY RADIOS 1,984.22 Total : 1,984.22 ELECTRONIC/MEDIA-AUTO EXPENSES 2/2022 500.00 Total : 500.00 ELECTRONIC/MEDIA-AUTO EXPENSES 2/2022 500.00 Total : 500.00 COVID-19 HOUSING AND UTILITY ASSISTANCE240.07 Total: ENVIRONMENTAL MONITORING Total : PRINTING SERVICES OFFICE & OPERATING SUPPLIES OFFICE & OPERATING SUPPLIES OFFICE & OPERATING SUPPLIES MATERIALS & SUPPLIES MATERIALS & SUPPLIES Total : Page: 240.07 5,737.03 5,737.03 429.98 350.60 133.40 469.11 1,383.09 52.73 164.36 - 11 City Council Regular Meeting - Page 18 of 223 vchlist Check List Page: 12 01/25/2022 2:04:06PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203774 2/1/2022 013215 THE HOME DEPOT PRO SUPPLY WORK (Continued) 662319656 06-009140 MATERIALS & SUPPLIES 52.67 662578897 06-009140 MATERIALS & SUPPLIES 85.25 663089415 06-009297 MATERIALS & SUPPLIES 120.72 Total : 475.73 203775 2/1/2022 011221 THE KILKENNY GROUP 54 01-001675 COMMUNICATIONS CONSUL TING 10,416.00 Total : 10,416.00 203776 2/1/2022 007860 THE PUN GROUP, LLP 113203 02-002570 PROFESSIONAL SERVICES CITY AUDIT 28,732.50 Total: 28,732.50 203777 2/1/2022 000067 THYSSENKRUPP ELEVATOR CORP 3006370254 06-009174 MAINTENANCE & LOAD TEST 1,279.39 Total : 1,279.39 203778 2/1/2022 009742 UNI FIRST CORPORATION 3242662393 06-009153 UNIFORM SERVICE AND SUPPLIES 10.25 3242662394 06-009153 UNIFORM SERVICE AND SUPPLIES 53.03 3242662395 06-009153 UNIFORM SERVICE AND SUPPLIES 46.38 3242662396 06-009153 UNIFORM SERVICE AND SUPPLIES 66.18 3242662397 06-009153 UNIFORM SERVICE AND SUPPLIES 62.45 3242662398 06-009153 UNIFORM SERVICE AND SUPPLIES 71 .57 3242665748 06-009153 UNIFORM SERVICE AND SUPPLIES 10.25 3242665749 06-009153 UNIFORM SERVICE AND SUPPLIES 53.03 3242665750 06-009153 UNIFORM SERVICE AND SUPPLIES 46.38 3242665751 06-009153 UNIFORM SERVICE AND SUPPLIES 66.18 3242665752 06-009153 UNIFORM SERVICE AND SUPPLIES 62.45 3242665753 06-009153 UNIFORM SERVICE AND SUPPLIES 71 .57 Total : 619.72 203779 2/1/2022 003612 US BANK CORP. TRUST 6370272 02-002571 ADMINISTRATION FEES 1,250.00 Total: 1,250.00 203780 2/1/2022 013477 VERDUZCO, SANDRA 596987 REFUND-RENTAL DEPOSIT 100.00 Total: 100.00 203781 2/1/2022 002912 WATERLINE TECHNOLOGIES,INC 5564251 06-009154 OPERATING SUPPLIES 249.65 5564252 06-009154 OPERATING SUPPLIES 269.89 5564253 06-009154 OPERATING SUPPLIES 226.03 Page: 12 City Council Regular Meeting - Page 19 of 223 vchlist Check List Page: 13 01/25/2022 2:04:06PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 203781 2/1/2022 002912 WATERLINE TECHNOLOGIES,INC (Continued) 5564595 06-009154 OPERATING SUPPLIES 249.65 5564596 06-009154 OPERATING SUPPLIES 161.94 5564597 06-009154 OPERATING SUPPLIES 222.66 5564900 06-009154 OPERATING SUPPLIES 202.42 5565254 06-009154 OPERATING SUPPLIES 273.27 5565255 06-009154 OPERATING SUPPLIES 232.78 Total: 2,088.29 203782 2/1/2022 009100 WATERWORKS TECHNOLOGY,INC. 6816 06-009266 OVERSIGHT OF WATER 46,258.20 Total: 46,258.20 203783 2/1/2022 007811 WELLS FARGO BANK 2041028 02-002567 ADMINISTRATION FEE-CSCDA TRIP 2012 1,500.00 Total : 1,500.00 203784 2/1/2022 000802 WEST, KENNETH 000802-011122 11-001960 PLANNING COMMISSIONER 50.00 Total: 50.00 203785 2/1/2022 000057 WILLDAN ENGINEERING 00622224 06-009127 ADDITIONAL SERVICES BIKE TRAIL 2,743.75 00622227 06-009296 TRAFFIC CALMING STUDY (SANTA FE AVE) 5,431 .25 00622228 06-009298 TRAFFIC SIGNAL WARRANT 1,899.00 006-22231 06-008910 CITY-WIDE SIDEWALK 2,306.04 Total: 12,380.04 203786 2/1/2022 007609 WILLDAN FINANCIAL SERVICES 010-50124 02-002574 INTERIM DIRECTOR OF FINANCE 8,160.00 Total: 8,160.00 203787 2/1/2022 011941 ZIONS BANK DIVISION 10186 02-002572 TRUSTEE SERVICES 1,750.00 10187 02-002572 TRUSTEE SERVICES 1,750.00 Total: 3,500.00 70 Vouchers for bank code : apbank Bank total: 588,945.11 Page: 13 City Council Regular Meeting - Page 20 of 223 Agenda Item # 9. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of City Council, as Successor to Lynwood Redvelopment Board APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Gabriela Camacho, Treasurer Sheila Harding, Deputy Treasurer SUBJECT: TREASURER'S QUARTERLY REPORT Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the quarter ending December 31, 2021. Background: Due to the crisis caused by the Orange County investment pool, the State Legislature in 1995 enacted SB564 and SB866. These laws were enacted as State Statutes to impose certain mandates regarding investments with public funds. The statutes have imposed the following mandates: 1. Annual adoption of an Investment Policy that incorporates changes mandated by the State. 2. Quarterly Investment Reports presented to the Legislative Body or Board Members. 3. Restriction on the use of certain investment instruments. The purpose of the Treasurer’s report is to update the City Council and the public of the status of the City’s cash balances, investments and highlight changes from one period to another. This report includes reconciliation between cash and investment balances, a schedule of all investments, and a report providing information on all investment types, costs, interest rates, maturity dates and current market value. Reports prepared by FTN Main Street Capital Advisors are as follows: Portfolio Summary - Dash Board Investment Policy Compliance Report Historical Earnings & Book Return Performance City Council Regular Meeting - Page 21 of 223 Investment Activity Portfolio Summary Holding Report Maturity Report Income Earned Summary Income Earned Transaction Report Discussion and Analysis: The market value of securities fluctuates, depending on how interest rates perform. When interest rates decrease, the market value of the securities in the City’s portfolio will likely increase and when the interest rates increase, the market value of the securities will likely decrease. The City’s practice is to buy and hold investments until maturity so changes in the market price do not affect the City’s investment principal. Short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. LAIF is a high quality investment available in terms of safety, liquidity and yield. The City’s cash and investment portfolio is sufficiently liquid to meet expected expenditures for the coming six months. The majority of property tax revenues are received from the County in December and April. The vast majority of cash held by the City is deposited into the Local Agency Investment Fund and can be withdrawn at any time. There are four petty cash funds totaling $3,300.00 currently being used by various departments. There are two change funds totaling $640.00; Water Billing $600.00 and Recreation $40.00. The total received from Urban Farming for the 2nd quarter reporting is $184,904.69. The total amount of Non-Sufficient Funds (NSF) from customers for the 2nd quarter reporting is $5,321.13 of which $1,367.81 has been collected. The remaining balance of Non-Sufficient Funds outstanding for the 2nd quarter is $3,953.32. The market valuation is provided by FTN Main Street Capital Advisors and all of the investments are in compliance with California Government Code Sections 53600 et seq. and the City’s investment policy. FHN Interest Received for 2nd Quarter OCT 19,096.57 82,203.56 NOV 18,555.52 100,759.08 DEC 17,907.44 118,666.52 Fiscal Impact: There is no fiscal impact. Coordinated With: FTN Financial Main Street Advisors ATTACHMENTS: Description Quarterly Report - December 2021 FHN - DECEMBER 2021 City Council Regular Meeting - Page 22 of 223 Schedule of City Cash & Investments:  This schedule provides information on the cash and investments managed by the City. Quarterly Interest Credit Money Market/Certificate of Deposit (CD)Balance Interest F/Y to Date JP Morgan Chase ‐ Section 108 MMA $125,269.88 3.11$                      6.22$                  JP Morgan Chase ‐ Money Market Account $1,881,918.84 46.74$                    93.48$                JP Morgan Chase ‐ Parking Enforcement $5,294,794.06 122.68$                  251.57$              US Bank ‐ City of Lynwood 4,539.63$ 0.04$                      0.07$                  Total $7,306,522.41 172.57$                  351.34$              Demand Deposits  General Account 28,593,915.14 US Bank ‐ Economic Development 10,696.54 US Bank ‐ Housing Authority A 45,778.23 US Bank ‐ Housing Authority B 18,000.09$                  US Bank ‐ City HCDA 78,719.79$                  US Bank ‐ City Home Program 776,533.96   US Bank ‐ Taxable Tabs 1,710,209.45$             US Bank ‐ Lyn Tr. Center Unf Wrkr 2,791.24$                   US Bank ‐ Money Market Account 49,028.48$                US Bank ‐ US Dept. of HUD/Section 108 170,048.96$              US Bank ‐ RORF Successor Agency 4,099,058.85 US Bank ‐ Low Mod Housing Trst Fnd/Rogel 19,685,967.27 US Bank ‐ Lynwood Disaster Relief Fund 5,000.00$                   US Bank ‐ Settlement Remittance Fund 340,637.36   US Bank ‐ Housing Authority 6,376.71$                   Total 55,592,762.07$         Money Market Fund  ‐ A Money Market fund is a type of mutual fund that invest in short term debt  securities of agenies of the U.S. Government, banks, corporations and U.S. Treasury Bills.  Some advantages of a money market fund over savings and CDs are high liquidity, low risk, and competive yields.   The City currently has a total of five MMA accounts within the City's investment portfolio. Certificate of Deposit  ‐ A Certificate of Deposit or CD, is a time deposit.  They are similar to savings  accounts in that they are insured and relatively risk‐free.  They are different from savings accounts in that  they usually are for a fixed term and a fixed interest rae.  CDs are inteded to be held until maturity, at which  time, the money may be withdrawn together with the accrued interest.  The City currently has one CD within the City's investment portfolio Demand Deposits  ‐ Also known as "cash in the bank", this is the balance of the City's checking account with  US Bank, from which virtually all obligations are paid. CITY OF LYNWOOD QUARTERLY INVESTMENT REPORT December 31, 2021 City Council Regular Meeting - Page 23 of 223 Quarter Ending Date Interest Issuer Investment Balance Interest Received Rate State of California LAIF 9,532,263.99 7,096.92 10/15/2021 0.23% Local Agency Investment Fund (LAIF): The Local Agency Investment Fund is managed by the State Treasurer's Office Investment Division through the Pooled Money  Investment Account (PIMA).  The LAIF allows cities, counties and special districts to place money in a major portfolio and to use the expertise of their Investment Division staff, with no additional cost to taxpayers.  Participating agencies can withdraw their funds from the LAIF at any time.  The State Treasurer invests money safely and prudently while minimizing the service costs and maximizing the service costs and maximizing the investment yields. These investments help manage cash flow and enhance financial security.  The interest earned from the LAIF is distribued quarterly. (See Chart Below) 181.4 Billion 12/31/2021 CITY OF LYNWOOD QUARTERLY REPORT December 31, 2021 LAIF Daily Yield .65%  ‐  Quarter to Date 0.80% ‐ Average Days to Maturity 169 Pooled Money Investment Account Monthly Portfolio Composition 0 0.2 0.4 0.6 0.8 1 Loans Corporate Bonds Commercial Paper Now Accounts Time Deposits CDs/BNs Agencies Mortgages Treasuries 1 0.41% 0.17% 6.33% 0.00% 2.10% 7.39% 18.20% 0.00% Dec 2021.xlsCity Council Regular Meeting - Page 24 of 223 PAR MARKET BOOK INVESTMENTS VALUE VALUE VALUE *Money Market Funds 191,208.65$             191,208.65$             191,208.65$              LAIF 9,532,263.99$          9,532,263.99$          9,532,263.99$           Corporate Notes 2,000,000.00$          2,073,152.50$          2,024,595.71$           Commercial Paper 700,000.00$             699,093.33$             699,140.97$              Federal Agency 3,200,000.00$          3,220,669.00$          3,226,580.53$           Treasury Coupon Securities 6,500,000.00$          6,415,220.00$          6,503,669.06$           CD‐FDIC 3,968,000.00$          4,023,844.89$          3,966,616.90$           TOTAL 26,091,472.64$        26,155,452.36$        26,144,075.81$         *Money Market Fund held at Goldman Sach Schedule of City Cash & Investments:  This schedule provides information on the cash and investments managed by the City. Time Deposit/MM/Certificate of Deposit Balance Maturity Date Interest JP Morgan Chase (Section 108) 125,269.88$             N/A 3.11$                          JP Morgan Chase ‐ Money Market Account 1,881,918.84$          N/A 46.74$                        JP Morgan Chase ‐ Parking Enforcement 5,294,794.06$          N/A 122.68$                      US Bank ‐ City of Lynwood 4,539.63$                  N/A 0.04$                          TOTAL 7,306,522.41$          172.57$                      Corporate Checking Accounts Balance General Account 28,593,915.14$         US Bank ‐ City HCDA 78,719.79$                US Bank ‐ City Home Program 776,533.96$              US Bank ‐ Economic Development 10,696.54$                US Bank ‐ Housing Authority A 45,778.23$                US Bank ‐ Housing Authority B 18,000.09$                US Bank ‐ Lyn Tr. Center Unf Wrkr 2,791.24$                   US Bank ‐ City of Lynwood 49,028.48$                US Bank ‐ RORF Successor Agency 4,099,058.85$           US Bank ‐ Low Mod Housing Trst Fnd/Rogel 19,685,967.27$         US Bank ‐ Taxable Tabs Housing Proj. 1,710,209.45$           US Bank ‐ US Dept. of HUD/Section 108 170,048.96$              US Bank ‐ Lynwood Disaster Relief Fund 5,000.00$                   US Bank ‐ Settlement Remittance Fund 340,637.36$              US Bank ‐ Housing Authority 6,376.71$                   TOTAL 55,592,762.07$                             CITY OF LYNWOOD QUARTERLY REPORT 31‐Dec‐21 PORTFOLIO SUMMARY Dec 2021.xlsCity Council Regular Meeting - Page 25 of 223 AVERAGE MARKET PERCENTAGE (%) DAYS TO DESCRIPTION VALUE PORTFOLIO MATURITY INVESTMENTS* 26,155,452.36 100% * CERTIFICATE OF DEPOSIT/TIME DEPOSIT/ MONEY MARKET/CUSTODY HOLDINGS 7,306,522.41 CHECKING ACCOUNT 55,592,762.07   TOTAL AVERAGES 62,899,284.48$             TOTAL INVESTMENTS & AVERAGES 89,054,736.84$             ZtuÜ|xÄt VtÅtv{ÉBf{x|Ät [tÜw|Çz Gabriela Camacho/Sheila Harding I certify that this report accurately reflects all pooled  City Treasurer/Deputy Treasurer investment policy statements adopted by the City Council  on  August 15, 1995. A copy of this policy is available  at  the office of the City Clerk.  The Investment Program herein  shown provides sufficient cash flow liquidy to meet 3 to 6  months estimated expenditures. *See Report Prepared by Main Street Capital Advisors CITY OF LYNWOOD QUARTERLY REPORT December 31, 2021 MASTER SUMMARY Dec 2021.xlsCity Council Regular Meeting - Page 26 of 223 Jan ‐ Mar Apr ‐ June July ‐ Sept Oct ‐ Dec Investments Managed by Main Street $29,709,667.39 $29,758,531.25 26,244,509.47 $26,155,452.36 Cash & Investments $21,238,183.32 30,737,800.38 37,237,880.58 $62,899,284.48 Per Treasurer's Reports 50,947,850.71 60,496,331.63$    $63,482,390.05 $89,054,736.84 Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account*17,763,447.46$    5,514,713.35$      6,416,494.69$     16,861,666.12$    *Local Agency Investment Fund 9,525,167.07$      7,096.92$               ‐$                      9,532,263.99$      US Bank ‐ Economic Development 10,696.54$             ‐$                         ‐$                      10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,327,840.85$      228,484.00$        4,099,356.85$      US Bank ‐ Low Mod Housing Trust 5,010,704.89$       ‐$                        525,233.00$        4,485,471.89$      Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account*16,861,666.12$    15,734,219.57$    4,889,470.59$     27,706,415.10$    *Local Agency Investment Fund 9,532,263.99$       ‐$                         ‐$                      9,532,263.99$      US Bank ‐ Economic Development 10,696.54$            10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,099,356.85$      298.00$                4,099,058.85$      US Bank ‐ Low Mod Housing Trust 4,485,471.89$      4,485,471.89$      Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account 27,706,415.10$    10,051,845.58$    9,164,345.54$     28,593,915.14$    *Local Agency Investment Fund 9,532,263.99$       ‐$                        9,532,263.99$      US Bank ‐ Economic Development 10,696.54$             ‐$                         ‐$                      10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,099,058.85$       ‐$                        4,099,058.85$      US Bank ‐ Low Mod Housing Trust 4,485,471.89$      17,410,460.25$    2,209,964.87 19,685,967.27$    QUARTERLY TOTAL OF DEBITS/CREDITS 48,718,335.67$    23,434,290.69$   *Most Active Accounts *Funds transferred from LAIF account to the general account to cover expenditures 2021 Oct‐21 Nov‐21 Dec‐21 CITY OF LYNWOOD QUARTERLY REPORT 31‐Dec‐21 MONTHLY BALANCES PER STATEMENT DEMAND DEPOSIT ACCOUNTS ‐ MOST ACTIVE BALANCES PER QUARTER City Council Regular Meeting - Page 27 of 223 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 2 Portfolio Summary City of Lynwood 12/31/2021 SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (MOODY'S) ACCOUNT SUMMARY MONTH-END PORTFOLIO BOOK YIELD TOP ISSUERS 12/31/21 11/30/21 Issuer % Portfolio Market Value $26,155,452 $26,188,783 LAIF 36.5% Book Value $26,144,076 $26,131,623 U.S. Treasury 24.9% Variance $11,377 $57,160 FHLB 3.9% FNMA 3.8% Par Value $26,091,473 $26,076,454 FFCB 2.7% JPMorgan 1.9% Net Asset Value $100.04 $100.22 FHLMC 1.9% ING US Funding 1.3% Book Yield 0.91%0.91%Royal Bank of Canada 1.3% Exxon Mobil 1.0% Market Yield 0.56%0.48%Toyota 1.0% US Bancorp 1.0% Years to Maturity 1.66 1.60 MetLife 1.0% Jackson National Life 1.0% Effective Duration 1.54 1.56 New York Life 1.0% Ja n - 2 1 Fe b - 2 1 Ma r - 2 1 Ap r - 2 1 Ma y - 2 1 Ju n - 2 1 Ju l - 2 1 Au g - 2 1 Se p - 2 1 Oc t - 2 1 No v - 2 1 De c - 2 1 0.00% 0.20% 0.40% 0.60% 0.80% 1.00% 1.20% 0.7% 2.7% 7.7% 12.3% 15.2% 24.9% 36.5% MMF CP CORP AGY CD TSY LAIF 100%75%50%25%0% 47.5% 12.4%13.3%14.4%12.4% 0-1Y 1-2Y 2-3Y 3-4Y 4-5Y+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 51.6% 2.9% 1.9% 1.0% 1.0% 38.9% 2.7% NR A3 A2 A1 Aa3 Aa2 Aa1 Aaa P-1 100%75%50%25%0% 2City Council Regular Meeting - Page 28 of 223 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 3 Investment Policy Compliance City of Lynwood 12/31/2021 Category Book Value % of Portfolio % Allowed by Policy In ComplianceReserved row US Treasuries 6,503,669.06 24.88%100%Yes US Federal Agencies 3,226,580.53 12.34%100%Yes Supranational Obligations 0.00 0.00%30%Yes LAIF 9,532,263.99 36.46%100%Yes Commercial Paper 699,140.97 2.67%25%Yes Money Market Funds 191,208.65 0.73%20%Yes Negotiable Certificates of Deposit 3,966,616.90 15.17%30%Yes Corporate Obligations 2,024,595.71 7.74%30%Yes State and Local Governments 0.00 0.00%100%Yes Total 26,144,075.81 100.00% Other Metrics Portfolio Metric In Compliance Weighted Average Maturity 1.66 Less than 3.0 Years Yes Liquidity 47.48%30% Under 365 Days Yes Ratings Yes 3City Council Regular Meeting - Page 29 of 223 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 12 Historical Earnings & Book Return Performance City of Lynwood 12/31/2021 Fiscal YTD ($K)Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 2020 $65.050 $31.666 $187.208 $249.056 $303.058 $354.899 $410.103 $456.891 $498.400 $552.596 $586.799 $623.500 FY 2021 $35.200 $66.215 $94.922 $120.389 $147.318 $173.870 $199.724 $223.094 $247.869 $271.162 $294.542 $316.873 FY 2022 $18.153 $37.347 $56.010 $82.204 $100.760 $118.668 Fiscal YTD Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Book Return 0.77%0.78%0.81%0.90%0.89%0.88% Fiscal Year-To-Date Earnings Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun $0 $100 $200 $300 $400 $500 $600 $700 Th o u s a n d s FY 2020 FY 2021 FY 2022 Fiscal Year-To-Date Book Return Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 0.00% 0.25% 0.50% 0.75% 1.00% 1.25% 1.50% 11City Council Regular Meeting - Page 30 of 223 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 15 Investment Activity City of Lynwood 12/31/2021 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Positions 37 38 37 38 37 38 40 40 40 41 41 43 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Purchases 0 1 0 1 0 1 5 1 0 1 1 3 Redemptions 0 1 0 1 0 2 1 1 0 0 1 1 Total 0 2 0 2 0 3 6 2 0 1 2 4 Number of Positions at Month End Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 34 35 36 37 38 39 40 41 42 43 44 Po s i t i o n s Purchases and Redemptions* (Excluding MMF/LGIP) Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 0 2 4 6 8 10 Nu m b e r o f T r a n s a c t i o n s Purchases Redemptions *Redemptions include maturities,calls,and sells 14City Council Regular Meeting - Page 31 of 223 Portfolio Summary City of Lynwood December 31, 2021 Investments Par Value Book Value % of Portfolio YTMMaturity Days to Market Value Book Certificates of Deposit 3,968,000.00 3,966,616.90 15.17 2.28 746 4,023,844.89 Commercial Paper 700,000.00 699,140.97 2.67 0.29 149 699,093.33 Corporate Bonds 2,000,000.00 2,024,595.71 7.74 2.52 705 2,073,152.50 LAIF 9,532,263.99 9,532,263.99 36.46 0.20 1 9,532,263.99 Money Market Funds 191,208.65 191,208.65 0.73 0.03 1 191,208.65 U.S. Agencies 3,200,000.00 3,226,580.53 12.34 1.17 1,137 3,220,669.00 U.S. Treasuries 6,500,000.00 6,503,669.06 24.88 0.56 1,178 6,415,220.00 26,144,075.81 100.00 605 26,155,452.36 0.91 26,091,472.64 Investments December 31 Month Ending Fiscal Year To DateTotal Earnings Current Year 17,907.44 118,667.68 Average Daily Balance 26,137,454.74 26,840,896.77 Book Rate of Return 0.81% 0.88% Run Date: 1/11/2022 - 11:37 AM Amortizing 15City Council Regular Meeting - Page 32 of 223 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Certificates of Deposit 27002YEM4 248,000.00EagleBank 05/10/2019 248,000.00 100.84 250,076.38 0.95% NR/NR 0.3605/10/2022 2,076.38 NR 0.39 388.65 2.60% 248,000.00 0.27%2.600% 33847E2J5 248,000.00Flagstar Bank 06/12/2019 248,000.00 101.00 250,481.70 0.95% NR/NR 0.4506/13/2022 2,481.70 NR 0.48 339.73 2.50% 248,000.00 0.28%2.500% 1404203Z1 248,000.00Capital One Bank USA 08/03/2017 247,417.20 101.17 250,894.08 0.95% NR/NR 0.5908/02/2022 2,962.42 NR 0.61 2,375.36 2.35% 247,931.66 0.31%2.300% 795450D36 248,000.00Sallie Mae Bank 08/24/2017 247,417.20 101.31 251,258.42 0.95% NR/NR 0.6408/23/2022 3,333.46 NR 0.67 2,091.69 2.40% 247,924.95 0.31%2.350% 61747MF63 248,000.00Morgan Stanley Bank 01/12/2018 247,417.20 102.15 253,329.53 0.95% NR/NR 1.0301/11/2023 5,449.60 NR 1.03 3,132.95 2.70% 247,879.93 0.55%2.650% 59013J5Z8 248,000.00Merrick Bank 12/19/2018 247,516.40 103.16 255,832.56 0.95% NR/NR 1.1402/21/2023 7,964.80 NR 1.13 318.66 3.41% 247,867.76 0.57%3.350% 20033AZK5 248,000.00Comenity Capital Bank 06/29/2018 247,427.12 103.87 257,585.23 0.95% NR/NR 1.4906/29/2023 9,756.21 NR 1.46 67.27 3.40% 247,829.01 0.70%3.300% 38148PR33 248,000.00Goldman Sachs Bank 07/09/2018 247,432.08 103.86 257,580.23 0.95% NR/NR 1.5107/06/2023 9,752.19 NR 1.48 4,013.52 3.35% 247,828.04 0.73%3.300% 949763TF3 248,000.00Wells Fargo Bank NA 08/31/2018 247,429.60 104.20 258,418.40 0.95% NR/NR 1.6608/30/2023 10,608.12 NR 1.63 44.84 3.35% 247,810.28 0.76%3.300% 29278TLY4 248,000.00EnerBank 09/30/2019 247,523.84 102.06 253,118.52 0.95% NR/NR 1.7409/27/2023 5,325.90 NR 1.73 67.95 2.05% 247,792.62 0.80%2.000% 17312Q3B3 248,000.00Citibank 02/28/2019 247,427.12 104.41 258,934.99 0.95% NR/NR 2.1602/27/2024 11,182.35 NR 2.09 2,588.71 3.05% 247,752.64 0.93%3.000% 32100LCB9 248,000.00First Missouri State Bank 09/13/2019 248,000.00 102.04 253,061.26 0.95% NR/NR 2.7009/13/2024 5,061.26 NR 2.65 1,382.68 1.85% 248,000.00 1.08%1.850% 05580AXF6 248,000.00BMW Bank 09/25/2020 248,000.00 97.23 241,127.52 0.95% NR/NR 3.7409/25/2025 -6,872.48 NR 3.73 332.93 0.50% 248,000.00 1.26%0.500% 856283S98 248,000.00State Bank of India 04/27/2021 248,000.00 98.67 244,712.46 0.95% NR/NR 4.3204/27/2026 -3,287.54 NR 4.25 448.44 1.00% 248,000.00 1.32%1.000% 89235MLC3 248,000.00Toyota Financial Savings Bank 07/15/2021 248,000.00 98.30 243,794.48 0.95% NR/NR 4.5407/15/2026 -4,205.52 NR 4.45 1,097.32 0.95% 248,000.00 1.34%0.950% 90348JR93 248,000.00UBS Bank USA 08/11/2021 248,000.00 98.24 243,639.15 0.95% NR/NR 4.6108/11/2026 -4,360.85 NR 4.52 135.55 0.95% 248,000.00 1.34%0.950% 3,963,007.76 4,023,844.89 15.17% 2.04 3,966,616.90 2.28% 3,968,000.00 0.78% 18,826.25 57,228.00 2.02Total Certificates of Deposit Commercial Paper Run Date: 1/11/2022 - 11:37 AM Amortizing 16City Council Regular Meeting - Page 33 of 223 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Commercial Paper 4497W1DM5 350,000.00ING US Funding LLC 12/21/2021 349,717.67 99.95 349,807.91 1.34% P-1/A-1 0.3004/21/2022 66.92 NR 0.00 0.00 0.24% 349,740.99 0.19%0.000% 78015DG61 350,000.00Royal Bank of Canada, NY 12/20/2021 349,364.75 99.80 349,285.42 1.34% P-1/A-1+ 0.5107/06/2022 -114.57 F1+ 0.00 0.00 0.33% 349,399.98 0.40%0.000% 699,082.42 699,093.33 2.67% 0.41 699,140.97 0.29% 700,000.00 0.30% 0.00 -47.65 0.00Total Commercial Paper Corporate Bonds 59217GCD9 250,000.00MetLife 11/02/2017 252,002.50 100.63 251,570.00 0.96% Aa3/AA- 0.2704/08/2022 1,448.29 AA- 0.30 1,527.43 2.46% 250,121.71 0.32%2.650% 46849LSW2 250,000.00Jackson National Life 07/12/2017 247,795.00 101.02 252,547.50 0.96% A2/A 0.4906/27/2022 2,764.91 A 0.51 69.44 2.69% 249,782.59 0.41%2.500% 90331HNV1 250,000.00US Bank 03/01/2019 253,307.50 103.99 259,965.00 0.96% A1/AA- 1.5607/24/2023 8,788.67 AA- 1.31 3,706.94 3.08% 251,176.33 0.83%3.400%06/23/2023 89236TFS9 250,000.00Toyota Motor Credit 02/28/2019 253,545.00 104.73 261,815.00 0.96% A1/A+ 2.0201/08/2024 10,340.28 A+ 1.96 4,024.65 3.03% 251,474.72 0.98%3.350% 46625HJX9 500,000.00JPMorgan Chase & Co 05/13/2019 515,115.00 105.83 529,160.00 1.94% A2/A- 2.3705/13/2024 22,005.57 AA- 2.30 2,416.67 2.97% 507,154.43 1.12%3.625% 64952WDL4 250,000.00New York Life 01/22/2020 249,102.50 102.11 255,262.50 0.95% Aaa/AA+ 3.0601/22/2025 5,811.47 AAA 2.98 2,208.33 2.08% 249,451.03 1.30%2.000% 30231GBH4 250,000.00Exxon Mobil 06/22/2020 272,752.50 105.13 262,832.50 1.02% Aa2/AA- 3.2203/19/2025 -2,602.41 NR 3.04 2,119.33 0.99% 265,434.91 1.36%2.992%02/19/2025 2,043,620.00 2,073,152.50 7.74% 1.93 2,024,595.71 2.52% 2,000,000.00 0.93% 16,072.79 48,556.78 1.85Total Corporate Bonds LAIF 9819499 9,532,263.99LAIF 10/15/2021 9,532,263.99 1.00 9,532,263.99 36.46% NR/NR 0.0001/01/2022 0.00 NR 0.00 0.00 0.20% 9,532,263.99 0.20%0.203% 9,532,263.99 9,532,263.99 36.46% 0.00 9,532,263.99 0.20% 9,532,263.99 0.20% 0.00 0.00 0.00Total LAIF Money Market Funds Run Date: 1/11/2022 - 11:37 AM Amortizing 17City Council Regular Meeting - Page 34 of 223 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Money Market Funds FGTXX 191,208.65Goldman Sachs Govt MMF 191,208.65 1.00 191,208.65 0.73% Aaa/AAA 0.0001/01/2022 0.00 NR 0.00 21.00 0.03% 191,208.65 0.03%0.026% 191,208.65 191,208.65 0.73% 0.00 191,208.65 0.03% 191,208.65 0.03% 21.00 0.00 0.00Total Money Market Funds U.S. Agencies 3135G0T78 500,000.00FNMA 11/30/2017 497,400.00 101.27 506,355.00 1.91% Aaa/AA+ 0.7610/05/2022 6,764.74 AAA 0.79 2,388.89 2.11% 499,590.26 0.33%2.000% 3133EKTV8 500,000.00FFCB 07/02/2019 499,900.00 103.04 515,175.00 1.91% Aaa/AA+ 2.5007/01/2024 15,225.03 AAA 2.46 4,750.00 1.90% 499,949.97 0.67%1.900% 3133EK3B0 200,000.00FFCB 10/17/2019 198,370.00 102.02 204,034.00 0.76% Aaa/AA+ 2.7910/16/2024 4,944.59 AAA 2.77 625.00 1.67% 199,089.41 0.77%1.500% 3130A4CH3 500,000.00FHLB 10/07/2020 541,330.00 104.21 521,045.00 2.03% Aaa/AA+ 3.2003/14/2025 -8,794.38 AAA 3.11 3,529.51 0.49% 529,839.38 1.04%2.375% 3136G4H71 500,000.00FNMA 08/18/2020 500,000.00 97.66 488,295.00 1.91% Aaa/AA+ 3.6208/12/2025 -11,705.00 AAA 3.59 923.61 0.50% 500,000.00 1.16%0.500%02/18/2022 3137EAEX3 500,000.00FHLMC 10/20/2020 497,505.00 97.32 486,575.00 1.91% Aaa/AA+ 3.7309/23/2025 -11,536.51 AAA 3.73 510.42 0.48% 498,111.51 1.11%0.375% 3130AQEC3 500,000.00FHLB 12/30/2021 500,000.00 99.84 499,190.00 1.91% Aaa/AA+ 5.0012/30/2026 -810.00 AAA 0.00 19.03 1.37% 500,000.00 1.40%1.370%06/30/2022 3,234,505.00 3,220,669.00 12.34% 3.12 3,226,580.53 1.17% 3,200,000.00 0.94% 12,746.46 -5,911.53 2.32Total U.S. Agencies U.S. Treasuries 912828ZD5 500,000.00U.S. Treasury 12/16/2020 504,140.63 100.04 500,195.00 1.92% Aaa/AA+ 1.2003/15/2023 -2,024.46 AAA 1.23 745.86 0.13% 502,219.46 0.47%0.500% 91282CAW1 1,000,000.00U.S. Treasury 07/22/2021 999,960.94 99.19 991,880.00 3.82% Aaa/AA+ 1.8711/15/2023 -8,088.42 AAA 1.90 324.59 0.25% 999,968.42 0.69%0.250% 91282CBV2 500,000.00U.S. Treasury 11/22/2021 496,308.59 99.02 495,080.00 1.90% Aaa/AA+ 2.2904/15/2024 -1,393.12 AAA 2.31 401.79 0.69% 496,473.12 0.81%0.375% 912828YV6 1,000,000.00U.S. Treasury 07/22/2021 1,035,742.19 101.60 1,015,980.00 3.94% Aaa/AA+ 2.9211/30/2024 -15,043.17 AAA 2.89 1,318.68 0.43% 1,031,023.17 0.94%1.500% 912828ZT0 500,000.00U.S. Treasury 06/29/2021 491,542.97 97.31 486,525.00 1.88% Aaa/AA+ 3.4205/31/2025 -6,110.53 AAA 3.43 109.89 0.69% 492,635.53 1.06%0.250% Run Date: 1/11/2022 - 11:37 AM Amortizing 18City Council Regular Meeting - Page 35 of 223 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining U.S. Treasuries 91282CAZ4 1,000,000.00U.S. Treasury 07/22/2021 989,492.19 97.02 970,230.00 3.79% Aaa/AA+ 3.9211/30/2025 -20,331.45 AAA 3.92 329.67 0.62% 990,561.45 1.15%0.375% 91282CBH3 500,000.00U.S. Treasury 02/25/2021 494,433.59 96.79 483,945.00 1.89% Aaa/AA+ 4.0901/31/2026 -11,443.63 AAA 4.08 784.65 0.60% 495,388.63 1.18%0.375% 91282CCF6 1,000,000.00U.S. Treasury 07/22/2021 1,002,382.81 98.00 980,000.00 3.83% Aaa/AA+ 4.4205/31/2026 -22,165.21 AAA 4.38 659.34 0.70% 1,002,165.21 1.22%0.750% 91282CCZ2 500,000.00U.S. Treasury 10/19/2021 492,949.22 98.28 491,385.00 1.89% Aaa/AA+ 4.7509/30/2026 -1,849.06 AAA 4.68 1,117.79 1.17% 493,234.06 1.25%0.875% 6,506,953.13 6,415,220.00 24.88% 3.23 6,503,669.06 0.56% 6,500,000.00 0.98% 5,792.26 -88,449.05 3.22Total U.S. Treasuries 26,170,640.95 26,155,452.36 100.00% 1.66 53,458.76 11,376.55 1.54 0.63% 26,144,075.81 0.91% 26,091,472.64TOTAL PORTFOLIO TOTAL MARKET VALUE PLUS ACCRUED INTEREST 26,208,911.12 Run Date: 1/11/2022 - 11:37 AM Amortizing 19City Council Regular Meeting - Page 36 of 223 Maturity Report City of Lynwood December 31, 2021 CUSIP Date Purchase Value Book Rate Coupon Date Maturity Par Remaining Term Value Market YTMIssuer Days to Maturity Book FGTXX 0.026% 1Goldman Sachs Govt MMF 191,208.65 01/01/2022 1 0.03% 191,208.65 191,208.65 9819499 0.203% 1LAIF05/18/2020 9,532,263.99 01/01/2022 1 0.20% 9,532,263.99 9,532,263.99 59217GCD9 2.650% 1,520MetLife11/02/2017 250,121.71 04/08/2022 98 2.46% 250,000.00 251,570.00 4497W1DM5 0.000% 10ING US Funding LLC 12/21/2021 349,740.99 04/21/2022 111 0.24% 350,000.00 349,807.91 27002YEM4 2.600% 966EagleBank05/10/2019 248,000.00 05/10/2022 130 2.60% 248,000.00 250,076.38 33847E2J5 2.500% 933Flagstar Bank 06/12/2019 248,000.00 06/13/2022 164 2.50% 248,000.00 250,481.70 46849LSW2 2.500% 1,633Jackson National Life 07/12/2017 249,782.59 06/27/2022 178 2.69% 250,000.00 252,547.50 78015DG61 0.000% 11Royal Bank of Canada, NY 12/20/2021 349,399.98 07/06/2022 187 0.33% 350,000.00 349,285.42 1404203Z1 2.300% 1,611Capital One Bank USA 08/03/2017 247,931.66 08/02/2022 214 2.35% 248,000.00 250,894.08 795450D36 2.350% 1,590Sallie Mae Bank 08/24/2017 247,924.95 08/23/2022 235 2.40% 248,000.00 251,258.42 3135G0T78 2.000% 1,492FNMA11/30/2017 499,590.26 10/05/2022 278 2.11% 500,000.00 506,355.00 61747MF63 2.650% 1,449Morgan Stanley Bank 01/12/2018 247,879.93 01/11/2023 376 2.70% 248,000.00 253,329.53 59013J5Z8 3.350% 1,108Merrick Bank 12/19/2018 247,867.76 02/21/2023 417 3.41% 248,000.00 255,832.56 912828ZD5 0.500% 380U.S. Treasury 12/16/2020 502,219.46 03/15/2023 439 0.13% 500,000.00 500,195.00 20033AZK5 3.300% 1,281Comenity Capital Bank 06/29/2018 247,829.01 06/29/2023 545 3.40% 248,000.00 257,585.23 38148PR33 3.300% 1,271Goldman Sachs Bank 07/09/2018 247,828.04 07/06/2023 552 3.35% 248,000.00 257,580.23 90331HNV1 3.400% 1,036US Bank 03/01/2019 251,176.33 07/24/2023 570 3.08% 250,000.00 259,965.00 949763TF3 3.300% 1,218Wells Fargo Bank NA 08/31/2018 247,810.28 08/30/2023 607 3.35% 248,000.00 258,418.40 29278TLY4 2.000% 823EnerBank09/30/2019 247,792.62 09/27/2023 635 2.05% 248,000.00 253,118.52 91282CAW1 0.250% 162U.S. Treasury 07/22/2021 999,968.42 11/15/2023 684 0.25% 1,000,000.00 991,880.00 89236TFS9 3.350% 1,037Toyota Motor Credit 02/28/2019 251,474.72 01/08/2024 738 3.03% 250,000.00 261,815.00 17312Q3B3 3.000% 1,037Citibank02/28/2019 247,752.64 02/27/2024 788 3.05% 248,000.00 258,934.99 91282CBV2 0.375% 39U.S. Treasury 11/22/2021 496,473.12 04/15/2024 836 0.69% 500,000.00 495,080.00 46625HJX9 3.625% 963JPMorgan Chase & Co 05/13/2019 507,154.43 05/13/2024 864 2.97% 500,000.00 529,160.00 3133EKTV8 1.900% 913FFCB07/02/2019 499,949.97 07/01/2024 913 1.90% 500,000.00 515,175.00 32100LCB9 1.850% 840First Missouri State Bank 09/13/2019 248,000.00 09/13/2024 987 1.85% 248,000.00 253,061.26 3133EK3B0 1.500% 806FFCB10/17/2019 199,089.41 10/16/2024 1,020 1.67% 200,000.00 204,034.00 912828YV6 1.500% 162U.S. Treasury 07/22/2021 1,031,023.17 11/30/2024 1,065 0.43% 1,000,000.00 1,015,980.00 64952WDL4 2.000% 709New York Life 01/22/2020 249,451.03 01/22/2025 1,118 2.08% 250,000.00 255,262.50 3130A4CH3 2.375% 450FHLB10/07/2020 529,839.38 03/14/2025 1,169 0.49% 500,000.00 521,045.00 30231GBH4 2.992% 557Exxon Mobil 06/22/2020 265,434.91 03/19/2025 1,174 0.99% 250,000.00 262,832.50 912828ZT0 0.250% 185U.S. Treasury 06/29/2021 492,635.53 05/31/2025 1,247 0.69% 500,000.00 486,525.00 3136G4H71 0.500% 500FNMA08/18/2020 500,000.00 08/12/2025 1,320 0.50% 500,000.00 488,295.00 3137EAEX3 0.375% 437FHLMC10/20/2020 498,111.51 09/23/2025 1,362 0.48% 500,000.00 486,575.00 05580AXF6 0.500% 462BMW Bank 09/25/2020 248,000.00 09/25/2025 1,364 0.50% 248,000.00 241,127.52 91282CAZ4 0.375% 162U.S. Treasury 07/22/2021 990,561.45 11/30/2025 1,430 0.62% 1,000,000.00 970,230.00 Run Date: 1/11/2022 - 11:37 AM Amortizing 20City Council Regular Meeting - Page 37 of 223 Maturity Report City of Lynwood December 31, 2021 CUSIP Date Purchase Value Book Rate Coupon Date Maturity Par Remaining Term Value Market YTMIssuer Days to Maturity Book 91282CBH3 0.375% 309U.S. Treasury 02/25/2021 495,388.63 01/31/2026 1,492 0.60% 500,000.00 483,945.00 856283S98 1.000% 248State Bank of India 04/27/2021 248,000.00 04/27/2026 1,578 1.00% 248,000.00 244,712.46 91282CCF6 0.750% 162U.S. Treasury 07/22/2021 1,002,165.21 05/31/2026 1,612 0.70% 1,000,000.00 980,000.00 89235MLC3 0.950% 169Toyota Financial Savings Bank 07/15/2021 248,000.00 07/15/2026 1,657 0.95% 248,000.00 243,794.48 90348JR93 0.950% 142UBS Bank USA 08/11/2021 248,000.00 08/11/2026 1,684 0.95% 248,000.00 243,639.15 91282CCZ2 0.875% 73U.S. Treasury 10/19/2021 493,234.06 09/30/2026 1,734 1.17% 500,000.00 491,385.00 3130AQEC3 1.370% 1FHLB12/30/2021 500,000.00 12/30/2026 1,825 1.37% 500,000.00 499,190.00 Net Maturities and Averages 26,144,075.81 605 0.91% 26,155,452.36 26,091,472.64 Run Date: 1/11/2022 - 11:37 AM Amortizing 21City Council Regular Meeting - Page 38 of 223 Income Earned Summary City of Lynwood December 31, 2021 Fiscal Year To DateDecember 31 Month End Interest Interest Received/Purchased Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned During Period Total Adjustments for Amortization/Accretion Total Capital Gains or Losses Total Earnings During Period 14,101.22 142,829.65 53,458.76 53,458.76 -48,004.78 -67,702.76 19,555.20 128,585.65 -1,647.76 -9,917.97 0.00 0.00 17,907.44 118,667.68 Run Date: 1/11/2022 - 11:37 AM Amortizing 23City Council Regular Meeting - Page 39 of 223 Income Earned City of Lynwood December 01, 2021 - December 31, 2021 CUSIP Value Ending Par Date Maturity Book Value Beginning Value Ending Book Accrued Beginning /Purchased Int.Received Accrued Ending Issuer Earned Interest Amortization/ Accretion Earned Net Income Certificates of Deposit 27002YEM4 05/10/2022 248,000.00EagleBank 248,000.00 248,000.00 370.98 529.97 388.65 547.64 0.00 547.64 33847E2J5 06/13/2022 248,000.00Flagstar Bank 248,000.00 248,000.00 2,921.64 3,108.49 339.73 526.58 0.00 526.58 1404203Z1 08/02/2022 248,000.00Capital One Bank USA 247,921.76 247,931.66 1,890.92 0.00 2,375.36 484.44 9.90 494.34 795450D36 08/23/2022 248,000.00Sallie Mae Bank 247,915.05 247,924.95 1,596.71 0.00 2,091.69 494.98 9.90 504.88 61747MF63 01/11/2023 248,000.00Morgan Stanley Bank 247,870.03 247,879.93 2,574.78 0.00 3,132.95 558.17 9.90 568.07 59013J5Z8 02/21/2023 248,000.00Merrick Bank 247,857.93 247,867.76 295.90 682.85 318.66 705.61 9.83 715.44 20033AZK5 06/29/2023 248,000.00Comenity Capital Bank 247,819.29 247,829.01 44.84 672.66 67.27 695.09 9.73 704.82 38148PR33 07/06/2023 248,000.00Goldman Sachs Bank 247,818.38 247,828.04 3,318.44 0.00 4,013.52 695.08 9.66 704.74 949763TF3 08/30/2023 248,000.00Wells Fargo Bank NA 247,800.59 247,810.28 22.42 672.66 44.84 695.08 9.69 704.77 29278TLY4 09/27/2023 248,000.00EnerBank 247,782.49 247,792.62 54.36 407.67 67.95 421.26 10.12 431.38 17312Q3B3 02/27/2024 248,000.00Citibank 247,742.91 247,752.64 1,956.82 0.00 2,588.71 631.89 9.73 641.62 32100LCB9 09/13/2024 248,000.00First Missouri State Bank 248,000.00 248,000.00 993.02 0.00 1,382.68 389.66 0.00 389.66 05580AXF6 09/25/2025 248,000.00BMW Bank 248,000.00 248,000.00 227.62 0.00 332.93 105.31 0.00 105.31 856283S98 04/27/2026 248,000.00State Bank of India 248,000.00 248,000.00 237.81 0.00 448.44 210.63 0.00 210.63 89235MLC3 07/15/2026 248,000.00Toyota Financial Savings Bank 248,000.00 248,000.00 897.22 0.00 1,097.32 200.10 0.00 200.10 90348JR93 08/11/2026 248,000.00UBS Bank USA 248,000.00 248,000.00 129.10 193.64 135.55 200.09 0.00 200.09 Certificates of Deposit - Sub Total 3,968,000.00 3,966,528.44 3,966,616.90 17,532.58 6,267.94 18,826.25 7,561.61 88.46 7,650.07 Commercial Paper 4497W1DM5 04/21/2022 350,000.00ING US Funding LLC 0.00 349,740.99 0.00 0.00 0.00 0.00 23.53 23.53 78015DG61 07/06/2022 350,000.00Royal Bank of Canada, NY 0.00 349,399.98 0.00 0.00 0.00 0.00 35.65 35.65 Commercial Paper - Sub Total 700,000.00 0.00 699,140.97 0.00 0.00 0.00 0.00 59.18 59.18 Corporate Bonds 59217GCD9 04/08/2022 250,000.00MetLife 250,160.60 250,121.71 975.35 0.00 1,527.43 552.08 -38.90 513.18 46849LSW2 06/27/2022 250,000.00Jackson National Life 249,744.29 249,782.59 2,673.61 3,125.00 69.44 520.83 38.29 559.12 90331HNV1 07/24/2023 250,000.00US Bank 251,241.10 251,176.33 2,998.61 0.00 3,706.94 708.33 -64.77 643.56 89236TFS9 01/08/2024 250,000.00Toyota Motor Credit 251,535.49 251,474.72 3,326.74 0.00 4,024.65 697.91 -60.77 637.14 46625HJX9 05/13/2024 500,000.00JPMorgan Chase & Co 507,414.75 507,154.43 906.25 0.00 2,416.67 1,510.42 -260.31 1,250.11 64952WDL4 01/22/2025 250,000.00New York Life 249,435.57 249,451.03 1,791.67 0.00 2,208.33 416.66 15.46 432.12 30231GBH4 03/19/2025 250,000.00Exxon Mobil 265,848.11 265,434.91 1,496.00 0.00 2,119.33 623.33 -413.20 210.13 Corporate Bonds - Sub Total 2,000,000.00 2,025,379.91 2,024,595.71 14,168.23 3,125.00 16,072.79 5,029.56 -784.20 4,245.36 LAIF Run Date: 1/11/2022 - 11:38 AM Amortizing 24City Council Regular Meeting - Page 40 of 223 Income Earned City of Lynwood December 01, 2021 - December 31, 2021 CUSIP Value Ending Par Date Maturity Book Value Beginning Value Ending Book Accrued Beginning /Purchased Int.Received Accrued Ending Issuer Earned Interest Amortization/ Accretion Earned Net Income LAIF 9819499 01/01/2022 9,532,263.99LAIF 9,532,263.99 9,532,263.99 0.00 0.00 0.00 0.00 0.00 0.00 LAIF - Sub Total 9,532,263.99 9,532,263.99 9,532,263.99 0.00 0.00 0.00 0.00 0.00 0.00 Money Market Funds FGTXX 01/01/2022 191,208.65Goldman Sachs Govt MMF 876,189.83 191,208.65 20.78 20.78 21.00 21.00 0.00 21.00 Money Market Funds - Sub Total 191,208.65 876,189.83 191,208.65 20.78 20.78 21.00 21.00 0.00 21.00 U.S. Agencies 3130AAB49 12/10/2021 0.00FHLB 499,962.35 0.00 4,453.12 4,687.50 0.00 234.38 37.65 272.03 3135G0T78 10/05/2022 500,000.00FNMA 499,545.56 499,590.26 1,555.56 0.00 2,388.89 833.33 44.70 878.03 3133EKTV8 07/01/2024 500,000.00FFCB 499,948.25 499,949.97 3,958.33 0.00 4,750.00 791.67 1.72 793.39 3133EK3B0 10/16/2024 200,000.00FFCB 199,061.32 199,089.41 375.00 0.00 625.00 250.00 28.09 278.09 3130A4CH3 03/14/2025 500,000.00FHLB 530,641.65 529,839.38 2,539.93 0.00 3,529.51 989.58 -802.27 187.31 3136G4H71 08/12/2025 500,000.00FNMA 500,000.00 500,000.00 715.28 0.00 923.61 208.33 0.00 208.33 3137EAEX3 09/23/2025 500,000.00FHLMC 498,067.89 498,111.51 354.17 0.00 510.42 156.25 43.62 199.87 3130AQEC3 12/30/2026 500,000.00FHLB 0.00 500,000.00 0.00 0.00 19.03 19.03 0.00 19.03 U.S. Agencies - Sub Total 3,200,000.00 3,227,227.02 3,226,580.53 13,951.39 4,687.50 12,746.46 3,482.57 -646.48 2,836.09 U.S. Treasuries 912828ZD5 03/15/2023 500,000.00U.S. Treasury 502,376.19 502,219.46 531.77 0.00 745.86 214.09 -156.73 57.36 91282CAW1 11/15/2023 1,000,000.00U.S. Treasury 999,966.99 999,968.42 110.50 0.00 324.59 214.09 1.43 215.52 91282CBV2 04/15/2024 500,000.00U.S. Treasury 496,342.34 496,473.12 242.10 0.00 401.79 159.69 130.78 290.47 912828YV6 11/30/2024 1,000,000.00U.S. Treasury 1,031,926.19 1,031,023.17 41.21 0.00 1,318.68 1,277.47 -903.02 374.45 912828ZT0 05/31/2025 500,000.00U.S. Treasury 492,452.46 492,635.53 3.43 0.00 109.89 106.46 183.08 289.54 91282CAZ4 11/30/2025 1,000,000.00U.S. Treasury 990,356.84 990,561.45 10.30 0.00 329.67 319.37 204.61 523.98 91282CBH3 01/31/2026 500,000.00U.S. Treasury 495,292.81 495,388.63 626.70 0.00 784.65 157.95 95.81 253.76 91282CCF6 05/31/2026 1,000,000.00U.S. Treasury 1,002,206.85 1,002,165.21 20.60 0.00 659.34 638.74 -41.64 597.10 91282CCZ2 09/30/2026 500,000.00U.S. Treasury 493,113.10 493,234.06 745.19 0.00 1,117.79 372.60 120.96 493.56 U.S. Treasuries - Sub Total 6,500,000.00 6,504,033.77 6,503,669.06 2,331.80 0.00 5,792.26 3,460.46 -364.71 3,095.75 26,091,472.64Grand Total 26,131,622.96 26,144,075.81 48,004.78 14,101.22 53,458.76 19,555.20 -1,647.76 17,907.44 Run Date: 1/11/2022 - 11:38 AM Amortizing 25City Council Regular Meeting - Page 41 of 223 Realized Gains and Losses City of Lynwood December 01, 2021 - December 31, 2021 Par Value Sale Date Days Held Maturity/Sales RealizedCUSIP Coupon Rate Maturity Date Book Value Proceeds Gain/LossPurchase Date TermIssuer U.S. Agencies 3130AAB49 500,000.0012/28/2016 12/10/2021 1,808 500,000.00 0.00 500,000.00 12/10/2021 1,808FHLB 1.875% Total U.S. Agencies 0.00 500,000.00 500,000.00 Grand Total 0.00 500,000.00 500,000.00 Run Date: 1/11/2022 - 11:38 AM Amortizing 26City Council Regular Meeting - Page 42 of 223 Transaction Report City of Lynwood December 01, 2021 - December 31, 2021 Transaction Transaction Security Security Maturity Date Type ID Description Date Purchases Redemptions Interest Deposits Withdrawals 12/02/2021 Interest FGTXX GSGF - - 20.78 - - 12/10/2021 Interest 3130AAB49 FHLB 1 7/8 12/10/21 12/10/2021 - - 4,687.50 - - 12/10/2021 Maturity 3130AAB49 FHLB 1 7/8 12/10/21 12/10/2021 - 500,000.00 - - - 12/10/2021 Interest 27002YEM4 EGBN 2.6 05/10/22 05/10/2022 - - 529.97 - - 12/13/2021 Interest 33847E2J5 FBC 2 1/2 06/13/22 06/13/2022 - - 3,108.49 - - 12/13/2021 Interest 90348JR93 UBS 0.95 08/11/26 08/11/2026 - - 193.64 - - 12/20/2021 Purchase 78015DG61 ROYAL BK CAN NY 07/06/2022 -349,364.75 - - - - 12/20/2021 Interest 59013J5Z8 MERICK 3.35 02/21/23 02/21/2023 - - 682.85 - - 12/21/2021 Purchase 4497W1DM5 ING (US) FUNDING 04/21/2022 -349,717.67 - - - - 12/27/2021 Interest 29278TLY4 CMS 2 09/27/23 09/27/2023 - - 407.67 - - 12/27/2021 Interest 46849LSW2 JACLIF 2 1/2 06/27/22 06/27/2022 - - 3,125.00 - - 12/27/2021 Deposit - - - 0.01 - 12/27/2021 Deposit - - - 0.01 - 12/29/2021 Interest 20033AZK5 ADS 3.3 06/29/23 06/29/2023 - - 672.66 - - 12/30/2021 Interest 949763TF3 WFC 3.3 08/30/23 08/30/2023 - - 672.66 - - 12/30/2021 Purchase 3130AQEC3 FHLB 1.37 12/30/26 12/30/2026 -500,000.00 - - - - Grand Total:-1,199,082.42 500,000.00 14,101.22 0.02 0.00 Run Date: 1/11/2022 - 11:38 AM Amortizing 27City Council Regular Meeting - Page 43 of 223 Agenda Item # 10. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Mark Flores, Director of Recreation & Community Services SUBJECT: VEHICLE OWNERSHIP TRANSFER TO THE LYNWOOD PARTNERS EDUCATIONAL FOUNDATION Recommendation: Staff recommends that the City Council adopt the attached resolution titled: “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THAT A PUBLIC PURPOSE IS SERVED BY APPROVING THE DONATION AND TRANSFER OF OWNERSHIP OF A CITY-OWNED VEHICLE TO THE LYNWOOD PARTNERS EDUCATIONAL FOUNDATION FOR A PUBLIC CAR RAFFLE TO BENEFIT SCHOLARSHIPS FOR LYNWOOD STUDENTS.” Background: As part of its official, 2021 Centennial activities, the City received a cash donation from a sponsor that was intended to fund the purchase a vehicle to be raffled to the public. All proceeds from the vehicle raffle were then to be donated to the Lynwood Partners Educational Foundation (LPEF) to benefit its Lynwood student scholarships. After the City purchased the vehicle, it was determined that, due to its status as a government agency, the City was not best suited to conduct a public raffle program. The City now wishes to donate the new vehicle to the LPEF so that it can operate the raffle program, while maintaining the original intent of having all proceeds be applied fully towards scholarships for Lynwood students. Discussion and Analysis: In June of 2021 and as part of its Centennial year activities, the City received a cash donation from Centennial sponsor, En Familia, to purchase a vehicle to be used to conduct a public raffle. All raffle revenues were to be used to fund scholarships for Lynwood students through the Lynwood Partners Educational Foundation (LPEF). The City purchased a vehicle for the raffle program, but it was then determined that, because of its status as a government agency, the City was not best suited to conduct the raffle. The City now intends to donate and transfer ownership of the vehicle to the LPEF on the conditions that: City Council Regular Meeting - Page 44 of 223 1. The vehicle be used by the LPEF for a vehicle raffle program, with all proceeds benefitting scholarships to Lynwood students. 2. That the City of Lynwood and the original donor, En Familia, be named as program partners/sponsors in all raffle program publicity materials. Lynwood Partners Educational Foundation (LPEF) is a 501(c)(3) organization (federal tax ID #47-3028270) in good standing with the State of California and the IRS. The LPEF was founded in 2015 to “secure additional funding for Pre-K through 12th grade educational and enrichment programs offered by the Lynwood Unified School District.” Its stated mission is to “provide resources that support and enhance the educational programs, initiatives and priorities for the students of Lynwood Unified School District.” California Constitution Article XVI, Sect. 6 requires that the use of public resources must serve public purposes. Via Resolution #2009.120, the City Council adopted the City of Lynwood Donation/Fee Waiver Policy providing a procedure for City support of non-profit agencies that participate in and promote events that are beneficial to the community or otherwise provide a valid and substantial public purpose within the mission of the City of Lynwood. The City of Lynwood Donation/Fee Waiver Policy provides a procedure for City support of activities that are deemed beneficial to the community or provide a valid and substantial public purpose within the mission of the City and demonstrate a need for assistance. The following table outlines key provisions of the policy that warrant consideration in making the decision to approve the requested action: City of Lynwood Donation/ Fee Waiver Policy – Key Provisions Section Criteria/Provision Note 1.d The agency must demonstrate how the funds will be used. The LPEF has agreed to conduct the intended public raffle program with 100% of proceeds benefitting Lynwood student scholarships 3.a.i Applicant is a not-for-profit organization with more than 51% of Lynwood residents actively participate and/or benefit from the subsidy. Yes. The mission of the LPEF is for the sole benefit of students enrolled in the LUSD. 3.b.i The City’s donation supports civic community programs for Lynwood residents. Yes 3.b.ii The City’s support will provide a public service in the area of educational benefits.Yes 3.b.iii Demonstrate a need for assistance. The LPEF is a non-profit charity in good standing that has demonstrated its benefit to the Lynwood community since 2015. Additionally, Lynwood Municipal Code Section 6-7.5 (Allocation, Expenditure And Use Of Funds) states: No action by the city council shall be required for the allocation, expenditure or use of gifts or donations provided the same are used for the purpose designated by the donor, and the total amount of funds in question for a specific program does not exceed fifteen thousand dollars ($15,000.00) in any one fiscal year. In the event the proposed total of funds to be allocated and spent exceeds fifteen thousand dollars ($15,000.00) in any one fiscal year, the proposed allocation or expenditure of funds shall be presented to the city council for action. (Ord. #1587, §1) Donation of the City-owned vehicle to the LPEF would still meet the original intent of the donor (En Familia), in that the LPEF’s new car raffle will continue to benefit LPEF scholarship funds for Lynwood students. Per the above Code Section, due to the value of the car exceeding the $15,000 limit (vehicle purchase price of $16,648.29), the requested action must be presented to the City Council for action. City Council Regular Meeting - Page 45 of 223 Through adoption of the accompanying resolution, staff is respectfully requesting that the City Council approve the donation/transfer of ownership of the City-owned vehicle to the Lynwood Partners Education Foundation. Fiscal Impact: The action being requested by staff does not have a fiscal impact. Coordinated With: City Manager Finance Department City Attorney ATTACHMENTS: Description Resolution - LPEF Car Transfer for Raffle Program 020122 Donation and Fee Waiver Policy City Council Regular Meeting - Page 46 of 223 RESOLUTION._____________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THAT A PUBLIC PURPOSE IS SERVED BY APPROVING THE DONATION AND TRANSFER OF OWNERSHIP OF A CITY-OWNED VEHICLE TO THE LYNWOOD PARTNERS EDUCATIONAL FOUNDATION FOR A PUBLIC CAR RAFFLE TO BENEFIT SCHOLARSHIPS FOR LYNWOOD STUDENTS WHEREAS, the City Council of the City of Lynwood endeavors to promote community, charitable and similar activities in Lynwood that have an appropriate public purpose, consistent with the provisions of the California Constitution, Art. XVI, sec. 6; and WHEREAS, while the City encourages organizers of community charitable activities in Lynwood to obtain their funding and other support independent of City support, a Donation/Fee Waiver policy provides a procedure for City support of non-profit entities who participate in and promote events that are beneficial to the community or otherwise provide a valid and substantial public purpose within the mission of the City and demonstrate a need for assistance; and WHEREAS, as part of the City’s Centennial activities in 2021, the City received a donation that was used to purchase a vehicle to be raffled to the public and that all proceeds were to be used to benefit scholarships to Lynwood students under the Lynwood Partners Educational Foundation. WHEREAS, it was subsequently determined that the Lynwood Partners Educational Foundation was better suited, as a non-profit agency, to operate the raffle program directly and the City now intends to donate and transfer ownership of the vehicle to the foundation. WHEREAS, the City Council has determined that the donation and transfer of ownership of the vehicle to the Lynwood Partners Educational Foundation meets the criteria set forth in the City’s Donation/Fee Waiver Policy. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: Section 1. The City Council for 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 for the City of Lynwood approves of the donation and transfer of ownership of the City’s 2021 Mitsubishi Mirage (VIN #ML32AUHJ3MH004161) vehicle to the Lynwood Partners Educational Foundation (Fed. Tax ID #47-3028270) for purposes of the vehicle being used for a car raffle with all proceeds benefitting Lynwood Partners Educational Foundation scholarships for Lynwood students. City Council Regular Meeting - Page 47 of 223 Section 3. The City Council for the City of Lynwood finds and declares that this donation (valued at $16,648.29) provides a significant public benefit and that it meets the stipulations of the City’s Donation/Fee Waiver Policy. Section 4. That the City Manager is authorized to negotiate and execute all agreements and donation/transfer documents as related to the ownership transfer of the named vehicle from the City of Lynwood to the Lynwood Partners Educational Foundation and the resulting charity raffle of the donated vehicle. Section 5. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS 1st day of February, 2022. __________________________ Jorge Casanova, Mayor ATTEST: ___________________________ ____________________________________ Maria Quinonez, City Clerk Ernie Hernandez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ __________________________ Noel Tapia, City Attorney Mark Flores, Director Recreation & Community Services City Council Regular Meeting - Page 48 of 223 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the _________day of____________, 2022 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: __________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and 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 ______ day of ________________, 2022. __________________________ City Clerk, City of Lynwood City Council Regular Meeting - Page 49 of 223 RESOLUTION NO. 2009.120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CITY OF LYNWOOD DONATION/FEE WAIVER POLICY WHEREAS, City Council of the City of Lynwood would like to promote community, charitable and similar activities in Lynwood that yield an appropriate public purpose, consistent with the provisions of the California Constitution, Art. XVI, sec. 6; and WHEREAS, While the City encourages organizers of community, charitable and similar activities in Lynwood to obtain their funding and other support independent of City support, aDonation/Fee Waiver Policy provides a procedure for City support of non-profit entities who participate in and promote events that are beneficial to the community or otherwise provide a valid and substantial public purpose within the mission of the City and demonstrate a need for assistance. NOW, THEREFORE THE MEMBERS OF THE LYNWOOD CITY COUNCIL DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1: The City Council approves the City of Lynwood Donation/Fee Waiver Policy attached as Exhibit A. Section 2: The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED and ADOPTED this 16~h day of June 2009. Maria T. Santillan Mayor ATTEST: Maria Quinonez Roger L. Haley City Clerk City Manager City Council Regular Meeting - Page 50 of 223 APPROVED AS TO FORM: ni d Galante City Attorney APPROVED AS TO CONTENT: orry Hem Assistant City Manager STATE OF CALIFORNIA ) SS. 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 ofLynwoodataregularmeetingheldonthe16thdayofJune, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE iGG'~'c ~//.~jMariaQuinonez, ity Clerk /, STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the CityCouncilofsaidCity, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2009.120 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 June, 2009. Maria Quinonez, Ci£v Clerk City Council Regular Meeting - Page 51 of 223 EXHIBIT A CITY OF LYNWOOD DONATION/FEF WAIVER POLICY The City Council of the City of Lynwood would like to promote community, charitable and similar activities in Lynwood that yield an appropriate public purpose, consistent with the provisions of the California Constitution, Art. XVT, sec. 6. While the City encourages organizers of community, charitable and similar activities in Lynwood to obtain their funding and other support independent of City support, this Policy provides a procedure for City support of non- profit entities who participate in and promote events that are beneficial to the community or otherwise provide a valid and substantial public purpose within the mission of the City and demonstrate a need for assistance. All donations or fee waivers must be considered and approved by the City Council, pursuant to the terms of this Policy. 1. Application Process. The requested donation or fee waiver must meet the criteria set forth at Section 3 below. All applications must explain, in sufficient detail for the City to understand, all of the following information: a. If the applicant is an entity, it must disclose the nature of the organization and confirm its non-profit status. The applicant must also demonstrate the designated goals and objectives of the organization. b. If the applicant is an individual, he/she must provide proof of current residency in Lynwood. c. The application must demonstrate how the requested donation or fee waiver benefits Lynwood and meets the criteria set forth in Section 3 below. d. The application must demonstrate how the funds, item of value or fee savings will be used. 2. Funds Set Aside for Discretionary Donations/Fee Waivers. On an annual basis through the budget process, the Council will set aside a donations fund, including City's payment for costs not covered by an applicant where a City fee is waived. 3. Criteria for Approval of Donations/Fee Waivers. The City Council may approve a donation of funds, items of value or payment of costs resulting from fee waivers for applicants when such donation or fee waiver would serve a public purpose. The following criteria must be established to qualify for a donation or fee waiver: a. Applicants. Applicants for donations must be either: Recognized by the Internal Revenue Service as a~ not-tor-profit organization, charitable organization or athletic, academic or social non-profit student organization established by any elementary, middle or high school serving Lynwood residents. Any organization meeting the criteria of this subsection 3.a.i must also have a minimum of fifty City Council Regular Meeting - Page 52 of 223 City Council Regular Meeting - Page 53 of 223 c. Religious Organizations. The City will not approve any requested donation or fee waiver that otherwise meets the above criteria if the donation will cause the City to violate the Establishment Clause of the United States Constitution. Generally, a donation or fee waiver to a religious organization violates the Establishment Clause, unless it primarily serves a secular purpose, neither advances or inhibits any religion and avoids excessive entanglement by the City in any religion or religious purpose. 4. Recipients Obligations to Report Use of Funds. Sixty (60) days after receipt of the donation or fee waiver, the recipient shall provide a written explanation to the City, in a form approved by the City, of how the donated funds or item(s) of value bas been used and benefited the City, its residents or businesses in the manner set forth at Section 3 above. 5. City Council Consideration of Donation/Fee Waiver. "The City Manager or designee shall review all applications for donations or fee waivers and forward those that meet the provisions of this Policy to the City Council for consideration. If the City Council fmds that all the requirements under this Policy have been met, it may, in its sole discretion, approve the requested donation or fee waiver. Alternatively, the City Council may deny or reduce such requested donation or fee waiver in an amount it deems appropriate based upon its assessment of the level by which the proposed activity meets the criteria outlined in this Policy. The decision of the City Council on any donation or fee waiver shall be tinal. City Council Regular Meeting - Page 54 of 223 Agenda Item # 11. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Shanell Shipe, Assistant to the City Manager SUBJECT: APPROPRIATION FOR FY22 AND BUDGET AMENDMENT FOR FY23 TO ALLOW COORDINATION OF COMMUNITY CLEAN-UP EVENTS, AND THE RESCHEDULING OF THE CLEAN-UP EVENTS FROM MONTHLY EVENTS TO QUARTERLY EVENTS Recommendation: Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN APPROPRIATION OF $10,000 FROM THE GENERAL FUND TO THE CITY COUNCIL SPECIAL PROGRAMS/ACTIVITIES ACCOUNT (1011.10.101.67960) FOR FY22 AND BUDGET AMENDMENT OF $10,000 FOR FY23 TO ALLOW COORDINATION OF THE MAYOR'S CLEAN-UP INITIATIVE AND EXISITING CITY CLEAN-UP EVENTS, AND THE RESCHEDULING OF THE CLEAN-UP EVENTS FROM MONTHLY EVENTS TO QUARTERLY EVENTS.” Background: On December 8, 2021, City Council approved a resolution to hold monthly neighborhood clean-up events in the City of Lynwood with an appropriation for FY 22 and Budget Amendment for FY 23. Staff would like to request an additional appropriation of $10,000 for both fiscal years to allow coordination of the Mayor's clean-up initiative and existing clean-up events. Discussion and Analysis: These clean-up events at times use community volunteers and are neighborhood focused or area focused. Not only do these events beautify neighborhoods, but they also bring awareness to the litter problem in Lynwood and promote ownership of neighborhoods. As of now, we currently have the recently approved monthly neighborhood clean-ups as well as our quarterly Lynwood Commitment Community Clean-Up events. The new clean-up initiative where community members would nominate a Senior in the City of Lynwood to receive assistance from City staff to clean up/beautify the exterior of their home is also set to begin in the first quarter of this year. Services would include mowing the lawn, edging, planting flowers, cleaning up trash/debris, etc. An appropriation for FY 22 and a budget City Council Regular Meeting - Page 55 of 223 amendment for FY 23 is needed to allow coordination of these clean-up events. Last week, the Community & Economic Development Ad Hoc Committee met with the City Manager, the Director of Recreation, the Director of Public Works, the Interim Director of Community Development, and the Assistant to the City Manager to discuss this new initiative. After a thorough discussion of what is expected of the existing clean-up events and the Mayor's clean-up initiative, the committee determined that holding these clean-up events quarterly, rather than monthly, would be in the best interest of the community. Accordingly, the committee recommends that the City Council approve a rescheduling of the clean-up events from monthly events to quarterly events. Public Works staff in coordination with the Recreation Department and Community development Department assist with these clean-up events by identifying an individual, coordinating the set-up of roll-off bins, supplying basic tools, posting signs if needed, and collecting trash bags at the end of the clean-up. Appropriation is needed to offset the cost for staff time and supplies for these quarterly events. Fiscal Impact: Coordinated With: Community Development Department Public Works Department Recreation Department City Attorney's Office ATTACHMENTS: Description Resolution City Council Regular Meeting - Page 56 of 223 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN APPROPRIATION OF $10,000 FROM THE GENERAL FUND TO THE CITY COUNCIL SPECIAL PROGRAMS/ACTIVITIES ACCOUNT (1011.10.101.67960) FOR FY22 AND BUDGET AMENDMENT OF $10,000 FOR FY23 TO ALLOW COORDINATION OF THE MAYOR'S CLEAN-UP INITIATIVE AND EXISITING CITY CLEAN-UP EVENTS, AND THE RESCHEDULING OF THE CLEAN-UP EVENTS FROM MONTHLY EVENTS TO QUARTERLY EVENTS WHEREAS, an additional appropriation is needed for successful coordination of the clean-up events; and WHEREAS, with this program, the Public Works Department, in cooperation with the Recreation department and the Community Development Department, contractors, and volunteers will assist with clean-up events; and WHEREAS, Public Works staff assist these clean up events by coordinating the set-up of roll-off bins, supplying basic tools, posting signs if needed, and collecting trash bags at the end of the clean-up; and WHEREAS, appropriation is needed to offset the cost for staff time and supplies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves the following appropriation for FY22 and budget amendment for FY23: Fund Dept Div Object Description Amount FY22 APPROPRIATION 1011 10 101 67960 Special Programs/Activities (City Council) $10,000 1011 General Fund ($10,000) Fund Dept Div Object Description Amount FY23 BUDGET AMENDMENT 1011 10 101 67960 Special Programs/Activities (City Council) $10,000 1011 General Fund ($10,000) City Council Regular Meeting - Page 57 of 223 2 Section 2. The City Council approves the rescheduling of the clean-up events from monthly events to quarterly events. Section 3. This resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1st day of February 2022. ________________________________ Jorge Casanova, Mayor ATTEST: __________________________ _________________________________ María Quiñonez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ _________________________________ Noel Tapia Thomas W. Thornton City Attorney Public Works Director City Council Regular Meeting - Page 58 of 223 3 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of _______________, ______, and passed by the following vote: AYES: NOES: ABSENT: _________________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 __________ day of ________________, _____. _________________________________ City Clerk, City of Lynwood City Council Regular Meeting - Page 59 of 223 Agenda Item # 12. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Brittany Leslie, American Rescue Plan Act Coordinator SUBJECT: APPROVAL OF THE LYNWOOD ECONOMIC & COMMUNITY ENHANCEMENT PLAN AND AMERICAN RESCUE PLAN ACT FUNDING ALLOCATION Recommendation: Staff recommends that the City Council approve the corresponding budgets related to the Lynwood Economic & Community Enhancement Plan budget. Background: On March 10, 2021, President Joe Biden signed into law the American Rescue Plan Act (ARPA) which will provide a $1.9 trillion stimulus to the United States economy. Through the passage of ARPA, the City will be allocated $24.4 million in two equal installments of $12.2 million (the first allocation was already received and the second will be received in May 2022). The permitted uses of the funds, as stated in the law, are prescribed and limited as follows: 1. To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; 2. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; 3. For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and 4. To make necessary investments in water, sewer, or broadband infrastructure. These funds must be obligated before December 31, 2024, and projects completed and funds spent by December 31, 2026. These funds may not be used to pay interest or principle on outstanding debt, replenishing rainy day or other reserve funds, or paying settlements or judgements would not be considered provision of a government service, since these uses of funds do not entail direct provision of services to citizens. Monies can be spent in the following two categories: City Council Regular Meeting - Page 60 of 223 Restricted Categories Use of Recovery Funds is guided by Section 603(c)(1) of the ARPA. Funds may be used for the following purposes: 1) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. Eligible uses in this category include assistance to households; small businesses and non-profits; and aid to impacted industries. Identified uses of funds from the City under this category include economic assistance and relief programs for businesses, rental and housing services, utility assistance, homeless services, and direct assistance to City employees. Additional uses for City government purposes include: public communication efforts, enforcement of public health orders, purchases of PPE, ventilation improvements in congregate settings, health care settings, or other key locations, capital investments in public facilities to meet pandemic operational needs and payroll expenses for public safety employee’s time dedicated to responding to the COVID-19 public health emergency 2) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers. 3) To make necessary investments in water, sewer, or broadband infrastructure. Categories of eligible projects include: construction of publicly-owned treatment works, nonpoint source pollution management, national estuary projects, wastewater treatment systems, stormwater systems, water conservation, efficiency and reuse measures, watershed pilot projects, energy efficiency measures for publicly-owned treatment works, water reuse projects, security measures at publicly-owned treatment works, and technical assistance to ensure compliance with the Clean Water Act. Eligible broadband projects must reliably deliver at least 100 Mbps download speed, at least 20 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. Projects must be designed to serve unserved or underserved households and businesses, defined as those that are not currently served by a wireline connection that reliably delivers at least 25 Mbps download speed and 3 Mbps of upload speed. Unrestricted Category 1) For the provision of government services to the extent of the reduction in revenue due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency. ARPA gives recipients broad latitude to use funds for the provision of government services to the extent of reduction of revenue. ARPA establishes a methodology that allows recipients to compute the extent of their reduction in revenue by comparing their actual revenue to an alternative representing what could have been expected to occur in the absence of the pandemic. While use of ARPA funds is “generally forward looking”, to cover costs incurred beginning on March 3, 2021, this section provides that reduction in revenue can be covered from the onset of the pandemic. The range of governmental uses for which these funds may be used is broader than those described in Section 603(c) (1). Funds received to offset reduction in revenues are to be used for direct provision of services to citizens. Potential uses for Lynwood could include: maintenance of infrastructure or pay-go spending for building new infrastructure (public works), including roads; modernizing/upgrading cybersecurity and information technology systems; and park improvements and beautification. These potential uses would be combined with additional broad uses described in Section 603(c)(1) of the ARPA. Discussion and Analysis: In developing the adopted Lynwood Economic and Community Enhancement Plan which was approved by City Council on October 5, 2021, staff worked to ensure that projects reflected the community’s interests, were feasible City Council Regular Meeting - Page 61 of 223 within the time constraints of ARPA funding, and will have a lasting impact on the community. The recommended projects being developed aim to focus on supporting the following priorities: Cyber Security & Technology Advancement Economic Development Homelessness Infrastructure Public Assistance Programs Public Health & Safety Fiscal Impact: The federal funds do not require a match and would be expended on programs that largely do not represent ongoing obligations once the federal funds are fully expended. These federal funds are intended to stimulate the economy, and the City’s investment of these funds would be aimed at making the recipients and beneficiaries more self-sufficient, there should be a positive fiscal, economic, and tax generation impact on the City over the long term. Coordinated With: ATTACHMENTS: Description Lynwood Economic & Community Enhancement Plan American Rescue Plan Act Resolution City Council Regular Meeting - Page 62 of 223 Category Expense Category Description Cost Estimate Restricted/ Unrestricted Priority Level 1.0 Administrative 1.1 Incurred Expenses 841,387 Restricted 11.2 Administrative Costs (July - December)506,424 Restricted 1 1.3 Fire (July - December)862,129 Restricted 11.4 LASD ( July - December)1,891,196 Restricted 1 1.5 Recovery for City Employees 605,500 Restricted 11.6 Projected Miscellaneous Expenses CY22-24 1,500,000 Restricted 1 2.0 Basic Needs 2.1 Eviction Protection Program Legal Aid 125,000 Restricted 22.2 Utility Assistance 500,000 Restricted 1 3.0 Economic Development 3.1 Business Beatification/Façade Improvement 750,000 Restricted 13.2 Cleanliness Initiative for Businesses 150,000 Restricted 1 3.3 Corridor Cleanups 200,000 Restricted 13.4 Economic Empowerment Zones 100,000 Restricted 2 3.5 Expedited Permitting 120,000 Restricted 2 3.6 Fee Waiver for Businesses/Non-Profits 350,000 Restricted 1 3.7 Property Activation: Outdoor Dining, Parklets, Pop Up Storefronts 200,000 Restricted 2 4.0 Homelessness 4.1 Motel Vouchers 200,000 Restricted 2 4.2 Emergency Kits 50,000 Restricted 2 5.0 Infrastructure 5.1 Building Improvements 2,000,000 Unrestricted 3 5.2 Park Water Improvements 550,000 Restricted 2 5.3 Sewer 3,000,000 Restricted 3 5.4 Water 2,000,000 Restricted 3 6.0 Public Health & Safety 6.1 Public Health COVID Response 100,000 Restricted 1 6.2 Traffic Suppression 100,000 Restricted 2 Lynwood Economic & Community Enhancement Plan City Council Regular Meeting - Page 63 of 223 Category Expense Category Description Cost Estimate Restricted/ Unrestricted Priority Level Lynwood Economic & Community Enhancement Plan 7.0 Recreation 7.1 Park Improvements 3,600,000 Unrestricted 37.2 Planting of Trees 400,000 Unrestricted 2 8.0 Road Infrastructure 8.1 Road Maintenance 2,000,000 Unrestricted 38.2 Road Beautification 1,000,000 Unrestricted 1 8.3 Supplemental Speed Bumps 500,000 Unrestricted 2 9.0 Technology Advancements9.1 Risk Assessment 22,500 Unrestricted 1 9.2 Cloud Repository System 50,000 Unrestricted 29.3 Infrastructure Upgrades 200,000 Unrestricted 2 9.4 New Data Center 300,000 Unrestricted 29.5 Other Cyber Needs (Identified from Risk Assessment)100,000 Unrestricted 2 Total Restricted Funds 13,201,636 Total Unrestricted Funds 10,172,500 Total All Funds 23,374,136 Total All Funds minus Expected Revenue (474,136) City Council Regular Meeting - Page 64 of 223 Category Title Expense Category Priority Description Appropriation of Funds 1.0 Administrative Incurred Expenses 1.1 1 This covers miscellaneous expenses that the City has already incurred that are eligible for reimbursement. This includes expense areas such as deep cleaning supplies and services, public safety payroll reimbursement proportionate to the time LASD responded to the pandemic, and fire department payroll reimbursement for pandemic response. 841,387$ Administrative Costs (July - December)1.2 1 This covers the projected staff hours dedicated towards the administration of ARPA and the pandemic response. 506,424$ Fire (July - December)1.3 1 This covers fire department payroll proportionate to the amount of their time responding to the pandemic and related disruptions to their normal operations. 862,129$ LASD ( July - December)1.4 1 This covers LASD payroll proportionate to the amount of their time responding to the pandemic through enforcing restrictions and related disruptions to their normal operations. 1,891,196$ Recovery for City Employees 1.5 1 Provides funding to reimburse City Employees for lost wages during the pandemic as a form of direct economic assistance. 605,500$ Projected Miscellaneous Expenses FY 22-24 1.6 1 These funds are set aside to cover anticipated future eligible costs over the timeline of ARPA. These will include future sanitation expenses, eligible payroll reimbursement for city staff and public safety, and miscellaneous costs that will undoubtedly arise between now and December 2024. 1,500,000$ 2.0 Basic Needs Eviction Protection Program Legal Aid 2.1 2 Creates a fund to provide legal assistance to residents facing evictions to help them remain in their homes until they get back on their feet. 125,000$ Utility Assistance 2.2 1 Provides direct financial aid to the residents of Lynwood to cover utility costs. 500,000$ 3.0 Economic Development Business Beatification/Façade Improvement 3.1 1 Provides funding to assist business and property owners with basic repairs, façade improvements, and beautification of high-need commercial corridors impacted by COVID-19 closures and other safety or quality of life impacts.750,000$ Cleanliness Initiative for Businesses 3.2 1 Provides funding to assist business and property owners with general cleanliness initiatives that relate to both beautification, maintenance, and covid response sanitation. 150,000$ Corridor Cleanups 3.3 1 Provides funding to expand illegally dumped item collection crews and promote scheduled special collection programs to reduce illegal dumping.200,000$ Economic Empowerment Zones 3.4 2 Provides Investment funds for the planning, development, establishment and coordination of special economic zones in areas of the City and sectors most impacted by COVID-19. Funding would be dedicated to the community outreach, business planning, land trust development, small business coordination, arts and culture, housing development, private sector investment attraction, and other services to address economic impacts that have been exacerbated by COVID-19. 100,000$ Expedited Permitting 3.5 2 Provides funding for supplemental staff at Plan Check Intake to assist property owners, businesses, and non-profits with intake, customer service, communications, and streamlining the licensing and permitting process for development projects that require Development Services, Health, Special Events, and Fire Inspections. 120,000$ Fee Waiver for Businesses/Non-Profits 3.6 1 Funding will be provided on a pro-rated basis to cover the costs of existing or delinquent business license, inspection fees, utilities, and other City-related permits for the period of 2021. This will be utilized to bring businesses current on City fees so that they are able to reopen and begin to recover revenue. Businesses and non-profits must demonstrate financial impacts to receive funding 350,000$ Lynwood Economic & Community Enhancement Plan City Council Regular Meeting - Page 65 of 223 Category Title Expense Category Priority Description Appropriation of Funds Lynwood Economic & Community Enhancement Plan Property Activation: Outdoor Dining, Parklets, Pop Up Storefronts 3.7 2 Provides grants to business or property owners for the activation of outdoor spaces and parklets for live entertainment, arts, cultural activities, food, and beverage services during the Recovery. Provides grants to commercial property owners who are willing to activate their spaces for the arts or cultural activities, temporary business activities, personal services or other service sector activation for the public benefit. Funds will cover the cost of business support and technical assistance, permits, and landlord grants. 200,000$ 4.0 Homelessness Motel Vouchers 4.1 2 Provides non-congregate sheltering for people experiencing homelessness during the pandemic.200,000$ Emergency Kits 4.2 2 Provides funding to deliver emergency kits to the City's most vulnerable population. The emergency kits will provide supplies such as socks, hygiene products, toiletries, first aid kits and other items. 50,000$ 5.0 Infrastructure Building Improvements 5.1 3 Allocates recourses towards improvement and remodeling of City hall and other facilities. These are expenses already anticipated to occur within the timeline of ARPA. 2,000,000$ Park Water Improvements 5.2 2 Will fix the irrigation systems of three separate city parks, including Lynwood City, Burke-Ham, and Lara Linear. Lynwood City and Burke-Ham Parks will require a complete replacement. The City will also replace its outdoor drinking fountains for its parks. 550,000$ Sewer 5.3 3 Allocates funding for general sewer projects and needs. 3,000,000$ Water 5.4 3 Allocates funding for needed water projects, including water treatment, conservation, and other general needs.2,000,000$ 6.0 Public Health & Safety Public Health COVID Response 6.1 1 Covers general expenses to be incurred related to the pandemic, including testing and other direct needs. 100,000$ Traffic Suppression 6.2 2 Enforcement of State and Local traffic safety laws.100,000$ 7.0 Recreation Park Improvements 7.1 3 General park maintenance and upgrades 3,600,000$ Planting of Trees 7.2 2 Tree planting in various parks and parts of the City 400,000$ 8.0 Road Infrastructure Road Maintenance 8.1 3 Allocates funding for general road needs. 2,000,000$ Road Beautification 8.2 1 Allocates funding for general road needs. 1,000,000$ Supplemental Speed Bumps 8.3 2 Supplamental City speed bump plan 500,000$ 9.0 Technology Advancements Risk Assessment 9.1 1 Provides funding to conduct a thorough cyber security assessment, inclusive of network penetration testing to identify cyber and IT needs within the City. 22,500$ Cloud Repository System 9.2 2 Provides funding for a needed upgrade to the data storage system of the City, namely a cloud- based system to protect and automate future storage needs.50,000$ Infrastructure Upgrades 9.3 2 Provides general IT infrastructure needs, including antivirus software, remediation, and network infrastructure needs.200,000$ Data Center Upgrades 9.4 2 Allocates funding for a refresh and replacement of the existing data center servers which will be needed within the next three years. Will also include an upgrade to the software system.300,000$ Other Cyber Needs (Identified from Risk Assessment)9.5 2 100,000$ City Council Regular Meeting - Page 66 of 223 RESOLUTION NO. RESERVING AND APPROPRIATING CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS AWARDED TO THE CITY OF LYNWOOD UNDER THE AMERICAN RESCUE PLAN ACT OF 2021 WHEREAS, On March 11, 2021, the President of the United States signed the American Rescue Plan Act of 2021 (ARPA); and WHEREAS, The ARPA provides $1.9 trillion in relief funding intended to speed up the United States' recovery from the economic and health effects of the Coronavirus pandemic; and WHEREAS, Section 9901 of the ARPA amended Title VI of the Social Security Act to add Section 603, which establishes the Coronavirus Local Fiscal Recovery Fund; and WHEREAS, Lynwood is classified as a metropolitan city and is eligible to receive Coronavirus Local Fiscal Recovery (Recovery) Funds under Section 603; and WHEREAS, Recovery Funds are intended to provide support to state local and tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 on their communities, residents and businesses; and WHEREAS, Under the ARPA, Lynwood has been awarded $24,400,000 in Recovery Funds; and WHEREAS, Recovery Funds are being disbursed in two tranches, twelve months apart; and WHEREAS, Funds for metropolitan cities are disbursed by the USDOT to each state, and states have 30 days to disburse the first tranche to each city, provided that the city has submitted the requisite paperwork to the state; and WHEREAS, The City of Lynwood submitted the necessary paperwork to the State of California by the June 23, 2021 deadline; and WHEREAS, With state disbursement of the first tranche on July 19, 2021, the City received its first payment of $12,200,000 amounting to 50% of the award that the City will receive; and City Council Regular Meeting - Page 67 of 223 WHEREAS, state disbursement of the second tranche of funding amounting to the second payment of $12,200,000 is expected in July 2022; and WHEREAS, Section 603(c)(1) of the ARPA provides that Recovery Funds may be used: a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality. b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers. c) For the provision of government services to the extent of the reduction in revenue due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency. d) To make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS, Pursuant to Section 603(c)(1) c), recipients may use funds for the direct provision of government services to citizens, to the extent of reduction in revenue; including, but not limited to, maintenance of infrastructure or pay-go spending for building new infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, fire, and other public safety services; and WHEREAS, The Lynwood City Council has determined that Recovery Funds awarded to Lynwood should be expended to support programs, partnerships and projects that will speed up the City’s recovery from the economic and health effects of the Coronavirus pandemic while providing the broadest possible community benefit, including:  Financial support for economically impacted residents and city employees  Support for housing, legal, and homeless services  Fiberoptic and cybersecurity upgrades  General Covid-19 mitigation responses  Infrastructure improvements that support economic recovery and local business revitalization  Infrastructure improvements that benefit the broader community; now, therefore be it RESOLVED , that the Lynwood City Council hereby reserves or appropriates $12,200,000 in Coronavirus Local Fiscal Recovery Funds as shown in Attachment A to this resolution; and be it further RESOLVED, that the Lynwood City Council finds that such use of Coronavirus Local City Council Regular Meeting - Page 68 of 223 Fiscal Recovery Funds is consistent with and meets all requirements described in Section 603(c)(1) of the American Rescue Plan Act of 2021. APPROVED by the Lynwood City Council at a regular meeting held on February 1, 2022, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK City Council Regular Meeting - Page 69 of 223 Agenda Item # 13. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Thomas Thornton, Director of Public Works Lorry Hempe, Public Works Special Projects Manager SUBJECT: NOTIFICATION OF INTENT TO COMPLY PURSUANT TO SB 619 Recommendation: Staff recommends that the City Council adopt a resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONSENTING TO ADOPT AND RATIFY THIS RESOLUTION ON THE SUBMITTAL OF THE NOTIFICATION OF INTENT TO COMPLY PURSUANT TO SB 619.” Background: CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. The City is required to comply with SB 1383. Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan. Discussion and Analysis: SB 1383 requires cities to provide mandatory organics collection services as well as comply with various provisions on procurement and edible food recovery. The compliance with SB1383 has been hindered by impacts from Covid-19 pandemic. Also, the amended agreement with Waste Resources, Inc. has not been fully executed which has caused delay in the roll out of the organics recycling. Which by law should have started on January 1, 2022. There may also be uncertainty relating to container supplies. City Council Regular Meeting - Page 70 of 223 Penalties for Noncompliance Each jurisdiction is accountable for generators’ compliance and CalRecycle may fine or penalize the jurisdiction for non-compliant programs beginning in 2022. Senate Bill 619 authorizes a jurisdiction facing continuing violations that commenced during the 2022 calendar year to submit a Notification of Intent to Comply (NOIC) and a resolution to CalRecycle no later than March 1, 2022. SB 619 authorizes CalRecycle to issue a Corrective Action Plan for any jurisdiction with an approved NOIC even if the jurisdiction has not provided sufficient funding, provided adequate staff, or adopted an enforcement ordinance. Fiscal Impact: No additional cost is requested at this time. The costs to implement organics collection has been included in the commercial and residential waste collection and recycling rates approved by the City Council. There will be costs associated with recordkeeping, contamination monitoring, edible food recovery, recovered organic waste product procurement target attainment, enforcement and outreach and education. Staff will bring back to the City Council other costs associated with full compliance with SB 1383 at a later date. Coordinated With: City Attorney Finance & Administration ATTACHMENTS: Description Resolution Exhibit A City Council Regular Meeting - Page 71 of 223 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONSENTING TO ADOPT AND RATIFY THIS RESOLUTION ON THE SUBMITTAL OF THE NOTIFICATION OF INTENT TO COMPLY PURSUANT TO SB 619 WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and WHEREAS, City of Lynwood is a local jurisdiction required to comply with the Regulations; and WHEREAS, City of Lynwood is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan; and WHEREAS, City of Lynwood is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and WHEREAS, , CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute. 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 authorizes and directs the Director of Public Works or the Public Works Special Projects Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval to the Statute. City Council Regular Meeting - Page 72 of 223 2 By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Lynwood represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations. The City of Lynwood by and through its Director of Public Works or the Public Works Special Projects Manager, also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply. Section 2. This resolution shall take effect immediately upon its adoption. Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1st day of February 2022. ________________________________ Jorge Casanova Mayor ATTEST: __________________________ _________________________________ María Quiñónez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ _________________________________ Noel Tapia Thomas W. Thornton City Attorney Public Works Director City Council Regular Meeting - Page 73 of 223 3 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of _______________, ______, and passed by the following vote: AYES: NOES: ABSENT: _________________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 __________ day of ________________, _____. _________________________________ City Clerk, City of Lynwood City Council Regular Meeting - Page 74 of 223 1 Notification of Intent to Comply Jurisdiction Name: City of Lynwood County: Los Angeles Person Completing the Form: Lorry Hempe, Public Works Special Projects Manager First Name: Lorry Last Name: Hempe Title: Public Works Special Projects Manager Mailing Address: 111330 Bullis Road City: Lynwood Zip Code: 90262 Email Address: lhempe@lynwood.ca.us Phone Number: 310-603-0220 ext. 500 or 310-701-8982 (cell) 1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.  (B) 14 CCR section 1894.1 Three-Container Organic Waste Collection Services a) Not implementing the three-container system. The City’s franchise hauler, WRI, provides green container for green waste and gray container for recyclables and regular waste for residential customers. The content of the gray container is sent to a MRF for sorting. In August 2021, the City after conducting a Prop 218 hearing process adopted rates for residential organics collection making way for a three- container system (Gray, Blue, Green). In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities. b) Not implementing the organics recycling for commercial on customers at the 2 cu yd threshold. Note: The City has implemented organic recycling for generators of 4 cu yd and 8 cu yd of waste. In August 2021, the City after conducting a Prop 218 hearing process adopted rates for commercial organic collection. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities.  (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection a) Not implementing the recordkeeping requirements for compliance with organic waste collection. In November 2021, the City Council approved to amend WRI’s agrement. Included in the amended agreement is investigating SB 1383 non-compliance by generators. The amended agreement not been be fully executed by both parties. Staff City Council Regular Meeting - Page 75 of 223 2 has submitted to be agendized the Mandatory Waste Disposal Reduction for first reading at the City Council's February 1, 2022 Council Meeting. Once the Ordinance is adopted and the amendment to the WRI's contract is fully executed, WRI can start rolling out the 3-container system which includes organics recycling. Once implemented, staff and WRI can commence the recordkeeping.  (F) 14 CCR section 18984.5 Container Contamination Minimization. a) Not implementing the container contamination minimization provision. The residential 3-container system and the commercial have not been implemented therefore no contaminiation minization has been carried out. In November 2021, the City Council approved to amend WRI’s agreement . Included in the amended agreement is container inspection by Contractor and other contamination monitoring provision pursuant to SB 1383 (14 CCR Section 18984.5). The amended agreement has not been fully executed by both parties.  (G) 13 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization. Not implementing the recordkeeing requirement for container contamination. In November 2021, the City Council approved to amend the franchise hauler's agreement . Included in the amended agreement is container inspection by Contractor and other contamination monitoring provision pursuant to SB 1383 (14 CCR Section 18984.5). The amended agreement has not been fully executed by both parties. Staff has submitted to be agendized the Mandatory Waste Disposal Redution for first reading at the City Council's February 1, 2022 Council Meeting. Once the Ordinance is adopted and the amendment to the WRI's contract is fully executed, WRI can start rolling out the organics recycling. At which point, the recordkeeping for container contamination can commence.  (H) 14 CCR section 18984.7 Container Color Requirements . Not implementing the container color requirements. The City currently provides 2- container system for residential customers (green cart for greenwaste and gray cart for recyclables/trash that are later sorted at a MRF. Currently, WRI, the City’s franchise hauler, provides commercial customers source-separated recycling and organics recycling. In August 2021, the City Council adopted not to exceed rates by way of a Prop 218 process to include organics recycling for both commercial and residential entities. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities.  (I) 14 CCR section 18984.8 Container Labeling Requirement. Not implementing the container labeling requirement. In August 2021, the City Council adopted not to exceed rates by way of a Prop 218 process to include organics recycling for both commercial and residential entities. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities. Staff has submitted to be agendized the Mandatory Waste Disposal Redution for first reading at the City Council's February 1, 2022 Council City Council Regular Meeting - Page 76 of 223 3 Meeting. Once the Ordinance is adopted and the amendment to the WRI's contract is fully executed, WRI can start rolling out the organics recycling. At which point, the the labeling will be implemented to conform to the ordinance.  (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction. Not implementing waivers granted by a Jurisdiction. In August 2021, the City Council adopted not to exceed rates by way of a Prop 218 process to include organics recycling for both commercial and residential entities. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities. Staff has submitted to be agendized the Mandatory Waste Disposal Reduction for first reading at the City Council's February 1, 2022 Council Meeting. Once the Ordinance is adopted and the amendment to the WRI's contract is fully executed, WRI can start rolling out the organics recycling. At which point, the waivers granted by jurisdiction will be implemented.  (K) 14 CCR section 18985.1 Organic Waste Recovery Education and Outreach. Not implementing organic waste recovery eduction. Not fully staffed to handle outreach. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities. WRI has obtained the services of public outreach consultant. Consultant has prepared website information on organics recycling. Waiting on the full execution of the amendment to the hauler’s contract to start rolling out the organics recycling.  (L) 14 CCR section 18985.2 Edible Food Recovery Education and Outreach. Not implementing the edible food recovery eduation and outreach. Not fully staffed to handle outreach. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities. WRI has obtained the services of public outreach consultant. Consultant has prepared website information on organics recycling for residential. Waiting on the full execution of the amendment to the hauler’s contract to start rolling out the organics recycling.  (M) 14 CCR section 18985.3 Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements. Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities. WRI has obtained the services of public outreach consultant. Consultant has prepared website information on organics recycling for residential. Waiting on the full execution of the amendment to the hauler’s contract to start rolling out the organics recycling. City Council Regular Meeting - Page 77 of 223 4  (N) 14 CCR section 18988.1 Jurisdction Approval of Haulers and Self-Haulers Not implementing. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 compliance for both commercial and residential entities. At this time the amended contract has not been fully executed.  (O) 14 CCR section 18988.3 Self-haulers of Organic Recycling Not implementing. Staff has submitted to be agendized the Mandatory Waste Disposal Reduction Ordinance for first reading at the City Council's February 1, 2022 Council Meeting. The proposed ordinance is based on the model ordinance that CalRecycle made available for jurisdictions  (P) 14 CCR section 18988.4 Recordkeeping Requirements for Compliance with Jurisdiction hauler Program. Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. The City utilizes Laserfiche to retain ordinances, contracts, franchise agreemetns,etc. . Once the Administrative Analyst III is hired, this position will be respnsible for retaiing reports required from the hauler .  (Q) 14 CCR Section 18989.1 CALGreen Building Codes Not implementing. Staff has submitted to be agendized the Mandatory Waste Disposal Reduction Ordinance for first reading at the City Council's February 1, 2022 Council Meeting. The proposed ordinance is based on the model ordinance that CalRecycle made available for jurisdictions  (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance Not implementing. Staff has submitted to be agendized the Mandatory Waste Disposal Reduction Ordinance for first reading at the City Council's February 1, 2022 Council Meeting. The proposed ordinance is based on the model ordinance that CalRecycle made available for jurisdictions which included provisions regarding MWELO. Once adopted, staff will commence implementation. Currently, the City has Water Efficient Ordinance that is it currently implementing.  (S) 14 CCR section 18991.1 Jurisdiction Edible Food Recovery Program. Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance.  (T) 14 CCR section 18991.2 Recordkeeping Requirements for Jurisdcition Edible Food Recovery Program City Council Regular Meeting - Page 78 of 223 5 Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. On April 22, 2021, City staff sent out letters to Tier 1 Commercial Businesses on the requirement to comply with the edible food recovery program.  (U) 14 CCR section 18992.1 Organic Waste Recycling Planning. Not implemeting. Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. City staff anticipates to provide SB 1383 Disposal and Capacity Planning Dat to the County of Los Angeles by April 8, 2022.  (V) 14 CCR section 18992.2 Edible Food Recovery Capacity Not implemeting. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance.  (W) 14 CCR section 18993.1 Recovered Organic Waste Product Procurement Target Not implemeting. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. The City has included in its specification for mulch in the Lynwood Urban Bike Trail to comply with CCR section 17852.  (X) 14 CCR section 18993.2 Recordkeeping Requirements for Recovered Oragnic Waste Procurement Target Not implemeting. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance.  (Y) 14 CCR section 18993.3 Recycled Content Paper Procurement Requirements Not implemeting. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance. Staff has submitted to be agendized the Mandatory Waste Disposal Reduction Ordinance for first reading at the City Council's February 1, 2022 Council Meeting. The proposed ordinance is based on the model ordinance that CalRecycle made available for jurisdictions which included provisions regarding Recycled Content Procurement. Currenty the City has a Recycled Products Procurement Policy Ordinance. City Council Regular Meeting - Page 79 of 223 6  (Z) 14 CCR section 18993.4 Recordkeeping Requiements for Recycled Content Paper Procurement Not implemeting. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance including recordkeeping provisions. Staff has submitted to be agendized the Mandatory Waste Disposal Reduction Ordinance for first reading at the City Council's February 1, 2022 Council Meeting. The proposed ordinance is based on the model ordinance that CalRecycle made available for jurisdictions which included provisions regarding Recycled Content Procurement. Currenty the City has a Recycled Products Procurement Policy Ordinance.  (BB) 14 CCR section 18995.1 Jurisdiction Inspection Requirements Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance including inspection requirement. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 requirements including inspection requirements. The amendment to the agreement has not been fully executed.  (CC) 14 CCR section 18995.2 Implementation Record and Recordkeeping Requirements Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance including implementation record and recordkeeping. In November 2021, the City Council approved to amend WRI’s agreement to include SB1383 requirements including inspection and enforcement, commercial generator compliance review, annual route review, etc.. The amendment to the agreement has not been fully executed.  (EE) 14 CCR section 18995.4 Enforcement by a Jurisdiction Not implementing. Not fully staffed to handle requirement. City has commenced the recruitment for an Administrative Analyst III to assist with SB 1383 compliance including implementation record and recordkeeping. Staff has submitted to be agendized the Mandatory Waste Disposal Reduction Ordinance for first reading at the City Council's February 1, 2022 Council Meeting. The proposed ordinance is based on the model ordinance that CalRecycle made available for jurisdictions which included provisions regarding enforcement. 2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable. City Council Regular Meeting - Page 80 of 223 7 Public Works Department not Fully Staffed The Public Works Department (Department) is not fully staffed to comply with SB1383. On July 5, 2016, the Fiscal Year 2016-2017 Budget, included recommendation of deletionof 16.5 filled and vacant positions in Public Works Department. (Attachment A) In July 2020, the City initiated discussions on staff layoffs due to a structural deficit in the budget. The budget for FY21 included furloughs for all employees in the City as well as layoffs (Attachment B). Included in the layoff list was the position of an Assistant Administrative Analyst who was assisting the Department with environmental compliance. Although the position was not included in the final lay off list, the person filling the position left the Department for another employment in May/June 2021 to avoid future layoff and lack of opportunity to move within the organization. To date, the position of Admistrative Analyst III has not been filled. Recruitment for the position was initiated in November 2021. . In 2020, the Director of Public Works went on leave prior to May 2020. Appoinment of a permanent Director of Public Works was made in 2021. If the position is filled in April 2022, this person would have to be trained to be fully effective. Public Works Department has operated with limited staff since 2016. With existing staff having to absorb assignments and projects from positions that have been vacated either through layoffs, resignations and/or retirements, this has strained the Department from implementing mandated projects Covid 19 Pandemic Covid 19 Pandemic in 2020, caused the City to close down City facilities from the public in March 2020 and restrict work to only essential positions. City closure required most City staff, unless recognized as essential, to stay at home to comply with the Los Angeles County “safer at home” order. (See Attachment C) Many public events were were cancelled impacting the City’s ability to do public outreach. Employees started to return to work in May 2020. Covid-19 impacted the City’s revenues. The budget for FY21 included layoffs and furloughs due to decline in revenues as a result of Covid-19 (Attachment B). Employees on the layoff list, received notices of layoffs effective February 2021. Amended Agreement with the Franchise Hauler not Fully Executed In November 16, 2021, the City Council approved the “Second Amended and Restated Agreement for Solidy Waste Handling Services” with the City’s franchise hauler Waste Resources, Inc. (WRI). Although adopted, WRI has not yet executed the amended agreement. This has delayed roll-out of the organics program since the amended agreement included significant provisions for SB1383 compliance. 3. A description of the impacts of the COVID-19 pandemic on compliance City Council Regular Meeting - Page 81 of 223 8 Covid 19 Pandemic in 2020, caused the City to close down City facilities from the public in March 2020 and restrict work to only essential positions. City closure required most City staff, unless recognized as essential, to stay at home to comply with the Los Angeles County “safer at home” order. (See Attachment C) Many public events were were cancelled impacting the City’s ability to do public outreach. Employees started to return to work in May 2020. Covid-19 impacted the City’s revenues. The budget for FY21 included layoffs and furloughs due to decline in revenues as a result of Covid-19 (Attachment B). Employees on the layoff list, received notices of layoffs effective February 2021. Initially the Assistant Administrative Analyst position who was underfilling the Administrative Analyst III position was on the layoff list, but was removed from the layoff list. However, this prompted, the person filling the position to look elsewhere for another position and eventually left the position in May/June 2021. Since then, the City has not filled the position. Recruitment was initiated in November 2021. As of January 23, 2022, the position still remains vacant. The layoffs and furloughs in 2020 has exarcebated the on- going problem of staffing in Public Works which started in 2016. There is not enough resources to meet the demands of the Department. 4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge. ________________ Thomas Thorton Director of Public Works __________ Signature Printed Name Title Date City Council Regular Meeting - Page 82 of 223 9 Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner. (B) 14 CCR section 1894.1 Three-Container Organic Waste Collection Services Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Execute amended contract with WRI October 2022 Task 3: Public Outreach on the organics program November 2022 Task 4: Roll Out of Containers December 2022 (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Public Outreach on the organics program November 2022 Task 5: Roll Out of Containers December 2022 Task 6: Start of Recordkeeping December 2022 (F) 14 CCR section 18984.5 Container Contamination Minimization Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Public Outreach on the organics program November 2022 Task 5: Roll Out of Containers December 2022 Task 6: Start of Recordkeeping December 2022 Task 7: WRI to start container inspection March 2023 Task 8: City to commence Notices of Violations May 2023 (G) 13 CCR section 18984.6 Recordkeeping Requirements for Container Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 City Council Regular Meeting - Page 83 of 223 10 Task 4: Public Outreach on the organics program November 2022 Task 5: Roll Out of Containers December 2022 Task 6: Start of Recordkeeping December 2022 Task 7: WRI to start container inspection March 2023 Task 8: City to commence Notices of Violations May 2023 (H) 14 CCR section 18984.7 Container Color Requirements Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Execute amended contract with WRI October 2022 Task 3: Public Outreach on the organics program November 2022 Task 4: Roll Out of Containers December 2022 (I) 14 CCR section 18984.8 Container Labeling Requirement Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Execute amended contract with WRI October 2022 Task 3: Public Outreach on the organics program November 2022 Task 4: Roll Out of Containers December 2022 (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Execute amended contract with WRI October 2022 Task 3: Public Outreach on the organics program November 2022 Task 5: Accept applications for waivers December 2022 Task 6: Roll Out of Containers December 2022 Task 7: Recordkeeping on Waivers Granted December 2022 (K) 14 CCR section 18985.1 Organic Waste Recovery Education and Outreach Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Public Outreach on the organics program (commence) November 2022 Task 5: Incorporate organics program in the Spring/Fall Brochures March 2023 City Council Regular Meeting - Page 84 of 223 11 (L) 14 CCR section 18985.2 Edible Food Recovery Education and Outreach. Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Send out letters to Tier 1 and Tier 2 Entities June 2022 Task 4: Provide partnership assistance to Tier 1 and Tier 2 Entities July 2022 Task 5: Follow up with Tier 1 and Tier 2 to ascertain progress, compliance and impediments March 2023  (M) 14 CCR section 18985.3 Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements. Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Commence recordkeeping August 2022 (N) 14 CCR section 18988.1 Jurisidiction Approval of Haulers and Self-Haulers Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Establish application process to approve self- hauling December 2022 (O) 14 CCR section 18988.3 Self-haulers of Organic Recycling Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Establish application process to approve self- hauling December 2022 Task 5: Start Recordkeeping January 2023 City Council Regular Meeting - Page 85 of 223 12 (P) 14 CCR section 18988.4 Recordkeeping Requirements for Compliance with Jurisdiction hauler Program Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Start Recordkeeping October 2022 (Q) 14 CCR Section 18989.1 CALGreen Building Codes Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Meet with Community Development and Engineering Staff on the process to implement and keep records on CALGreen compliance July 2022 Task 4: Start the retention of records for compliance August 2022 (R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Meet with Community Development and Engineering Staff on the process to implement and keep records on MWELO July 2022 Task 4: Start the retention of records for compliance August 2022 (S) 14 CCR section 18991.1 Jurisdiction Edible Food Recovery Program. Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Notify Tier 1 and Tier 2 entities on requirements June 2022 Task 4: Provide partnership assistance to Tier 1 and Tier 2 Entities July 2022 City Council Regular Meeting - Page 86 of 223 13 Task 5: Start the retention of records for compliance August 2022 (T) 14 CCR section 18991.2 Recordkeeping Requirements for Jurisdcition Edible Food Recovery Program. Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Notify Tier 1 and Tier 2 entities on requirements June 2022 Task 4: Provide partnership assistance to Tier 1 and Tier 2 Entities July 2022 Task 5: Start the retention of records for compliance August 2022 (U) 14 CCR section 18992.1 Organic Waste Recycling Planning. Action Proposed Schedule Task 1: Gather Data required by the County of Los Angeles on Capacity Planning February 2022 Task 2: Submit data to the County April 2022 (V) 14 CCR section 18992.2 Edible Food Recovery Capacity Action Proposed Schedule Task 1: Gather Data required by the County of Los Angeles on Capacity Planning February 2022 Task 2: Submit data to the County April 2022 (W) 14 CCR section 18993.1 Recovered Organic Waste Product Procurement Target Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Measure the procurement target March 2022 Task 3: Hiring of Administrative Analyst III May 2022 Task 4: Set up meetings with City’s Departments to discuss procurement requirement July 2022 City Council Regular Meeting - Page 87 of 223 14 Task 5: Establish plan reach target October 2022 Task 6: Establish internal policy December 2022 (X) 14 CCR section 18993.2 Recordkeeping Requirements for Recovered Organic Waste Procurement Target Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Measure the procurement target March 2022 Task 3: Hiring of Administrative Analyst III May 2022 Task 4: Set up meetings with City’s Departments to discuss procurement requirement July 2022 Task 5: Establish plan reach target October 2022 Task 6: Establish policy December 2022 Task 7: Start recordkeeping November 2022 (Y) 14 CCR section 18993.3 Recycled Content Paper Procurement Requirements Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Set up meetings with City’s Departments to discuss procurement requirement July 2022 Task 4: Establish policy December 2022 (Z) 14 CCR section 18993.4 Recordkeeping Requiements for Recycled Content Paper Procurement Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Set up meetings with City’s Departments to discuss procurement requirement July 2022 Task 4: Establish policy December 2022 Task 5: Commence record keeping January 2023 (BB) 14 CCR section 18995.1 Jurisdiction Inspection Requirements Action Proposed Schedule City Council Regular Meeting - Page 88 of 223 15 Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Meet with Community Development and WRI to discuss enforcement November 2022 Task 5: Establish policy on enforcement December 2022 Task 6: Amend Budget for additional staffing in Code Enforcement or Public Works January 2023 (CC) 14 CCR section 18995.2 Implementation Record and Recordkeeping Requirements Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Establish system of recordkeeping on Laserfiche and/or Minerva August 2022 Task 4: Commence Recordkeeping January 2023 (EE) 14 CCR section 18995.4 Enforcement by a Jurisdiction Action Proposed Schedule Task 1: Adoption of Mandatory Organic Waste Disposal Ordinance February 2022 Task 2: Hiring of Administrative Analyst III May 2022 Task 3: Execute amended contract with WRI October 2022 Task 4: Meet with Community Development and WRI to discuss enforcement November 2022 Task 5: Establish policy on enforcement December 2022 Task 6: Amend Budget for additional staffing in Code Enforcement or Public Works January 2023 City Council Regular Meeting - Page 89 of 223 Agenda Item # 14. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Peter Han, Director of Technology Services SUBJECT: COUNCIL AUTHORIZATION TO APPROVE DEVELOPMENT AGREEMENT WITH SIFI NETWORKS TO BUILD A CITYWIDE FIBER OPTIC NETWORK IN THE CITY OF LYNWOOD Recommendation: Staff recommends that the City Council make the final decision to approve or deny the development agreement with SiFi Networks to build a citywide fiber optic network within the City of Lynwood. If approved, the City Council will adopt the resolution entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR OR DESIGNEE TO ENTER INTO AND SIGN A DEVELOPMENT AGREEMENT W ITH SIFI NETW ORKS TO BUILD A CITYWIDE FIBER OPTIC NETWORK." Background: On December 14, 2021, the City Council discussed the specifications of the SiFi Networks implementation and made further considerations of the impact to the City's streets as well as the collection of franchise fees that will be available to the City. On July 6, 2021, the City Council authorized the Mayor or designee to negotiate a development agreement with SiFi Networks to build a citywide fiber optic network. Additionally, the City Council requested a cooperative agreement between the Lynwood Unified School District and the City of Lynwood to ensure we work together to provide lasting benefits for students, residents, and businesses. After the Council Meeting on July 6th, 2021, staff in conjunction with the City Attorney's office had multiple rounds of communications with SiFi Networks jockeying for best possible terms for the City through the Development Agreement. As of last month, the terms were not favorable to the City and staff could not fully support the project. Last week after continued negotiations and back-and-forth of redlined versions of the Development Agreement, SiFi Networks made modifications with consideration of the issues the City raised specific to liability, future revenues, and project timeline. Discussion and Analysis: City Council Regular Meeting - Page 90 of 223 The purpose of this item is to get Council's final decision to approve or deny the Development Agreement with SiFi Networks to buildout a citywide fiber optic network within the City of Lynwood. The potential benefits of this item to bring fiber optics to every home and business is significant allowing synchronous gigabit speeds for prices anticipated to be lower than the competition. This would be the next generation of technology to augment the 30+ year old coaxial cable now provided by Spectrum and will offer competition by new service providers such as Gigabit Now. Modifications made by SiFi Networks were as follows: Staff's main concern of this item was the ability to collect franchise fees from directly from SiFi Networks. Where there were nothing specified in earlier versions, wording on the development agreement now states that the City will work with Service Providers with respect to Federal, State, or City required fees or taxes to be invoiced monthly by each Service Provider as a separate line item to ensure there will be some benefit to the City. The term of the service was reduced from 90 years to 60 years (30 year term with one 30 year extension). Reduced liability to the City, more oversight by City staff, and completion of the project within a specified timeline. Micro-trenching up to a depth of 14 inches will take place on all City streets and require access of up to two shelters approximately 1,000 square feet in size subject to a separate lease. The Public Works department will play an integral role in the implementation of this project working closely with SiFi. Council support will be needed throughout completion of the project which will take up to four years to complete. The term of the agreement is for 30 years with the option of one additional 30 year period. City staff worked closely with the City Attorney's Office, the Public Works Department, and SiFi Networks to finalize the development agreement (Attachment 1) and specifications (Attachment 2). Minor adjustments to the development agreement and the specifications may be required that will be approved as to form by the City Attorney's office. The Lynwood Unified School District is in support of this project to connect schools and negotiate discounted pricing for all of its K-12 students and worked with staff to prepare a cooperative agreement between the City and the school district (Attachment 3). The COVID-19 pandemic demonstrated the importance of the internet with a need for fast reliable speeds in order to work and school from home. SiFi Networks can build a state-of-the-art fiber optic network throughout Lynwood. The network would be funded, built, owned, and operated by SiFi Networks and enable internet service providers to deliver gigabit internet, TV and phone to all residents and businesses. Once built, everyone will have the opportunity to access high speed fiber internet at prices anticipated to be lower than the current competition. SiFi Networks is currently deploying fiber-to-the-home in Placentia, Simi Valley, Fullerton, Lancaster, Palmdale, and working on about 25 more out of state that is funded by the Smart City Infrastructure Fund, a global investment fund in the Netherlands. Fiscal Impact: The buildout of the fiber optic network by SiFi Networks would be privately financed and is not dependent on tax payer dollars. The total estimated investment by SiFi Networks will be upwards of $40 million dollars. Coordinated With: Finance Public Works City Attorney's Office City Council Regular Meeting - Page 91 of 223 ATTACHMENTS: Description Resolution Attachment 1 - Development Agreement Attachment 2 - SiFi Specifications Attachment 3 - LUSD Resolution Supporting Fiber City Council Regular Meeting - Page 92 of 223 RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR OR DESIGNEE TO ENTER INTO AND SIGN A DEVELOPMENT AGREEMENT WITH SIFI NETWORKS TO BUILD A CITYWIDE FIBER OPTIC NETWORK WHEREAS, on December 14, 2021, the City Council discussed the specifications of the SiFi Networks implementation and made further considerations of the impact to the City's streets as well as the collection of franchise fees that will be available to the City; and WHEREAS, on July 6, 2021, the City Council authorized the Mayor or designee to negotiate a development agreement with SiFi Networks to build a citywide fiber optic network. Additionally, the City Council requested a cooperative agreement between the Lynwood Unified School District and City to ensure we work together to provide lasting benefits for students, residents, and businesses; and WHEREAS, after the Council Meeting on July 6th, 2021, staff in conjunction with the City Attorney's office had multiple rounds of communications with SiFi Networks jockeying for best possible terms for the City through the Development Agreement and as of last month, the terms were not favorable to the City and staff could not fully support the project but last week after continued negotiations and back-and-forth of redlined versions of the Development Agreement, SiFi Networks made modifications with consideration of the issues the City raised specific to liability, future revenues, and project timeline; and WHEREAS, the purpose of this item is to get Council's final decision to approve or deny the Development Agreement with SiFi Networks to buildout a citywide fiber optic network within the City of Lynwood; and WHEREAS, the potential benefits of this item to bring fiber optics to every home and business is significant allowing synchronous gigabit speeds for prices anticipated to be lower than the competition and this would be the next generation of technology to augment the 30+ year old coaxial cable now provided by Spectrum and will offer competition by new service providers; and WHEREAS, staff's main concern of this item was the ability to collect franchise fees from directly from SiFi Networks and wording on the development agreement now states that the City will have to work with Service Providers with respect to Federal, State, or City required fees or taxes to be invoiced monthly by each Service Provider as a separate line item to help ensure there will be some benefit to the City; and City Council Regular Meeting - Page 93 of 223 2 WHEREAS, micro-trenching up to a depth of 14 inches will take place on all City streets and require access of up to two shelters approximately 1,000 square feet in size subject to a separate lease; and WHEREAS, Council support will be needed throughout completion of the project which will take up to four years to complete and the term of the agreement is for 30 years with the option of one additional 30 year period; and WHEREAS, city staff worked closely with the City Attorney's Office, the Public Works Department, and SiFi Networks to finalize the development agreement and specifications and minor adjustment to the development agreement and the specifications may be required that will be approved as to form by the City Attorney's office; and WHEREAS, the Lynwood Unified School District is in support of this project to connect schools and negotiate discounted pricing for all of its K-12 students and worked with city staff to prepare a cooperative agreement between the City and the District; and WHEREAS, the COVID-19 pandemic demonstrated the importance of the internet with a need for fast reliable speeds in order to work and school from home and SiFi Networks can build a state-of-the-art fiber optic network throughout Lynwood that would be funded, built, owned, and operated by SiFi Networks and enable internet service providers to deliver gigabit internet, TV and phone to all residents and businesses; and WHEREAS, SiFi Networks is currently deploying fiber-to-the-home in Placentia, Simi Valley, Fullerton, Lancaster, Palmdale, and working on about 25 more out of state that is funded by the Smart City Infrastructure Fund, a global investment fund in the Netherlands. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood approves and authorizes the Mayor or designee sign and enter into a development agreement with SiFi Networks, approved as to form by the City Attorney, to build a citywide fiber optic network. Section 2. This resolution shall go into effect immediately upon its adoption. City Council Regular Meeting - Page 94 of 223 3 PASSED, APPROVED and ADOPTED this_____ day of ________, 2022. _________________________ Jorge Cassanova, Mayor City of Lynwood ATTEST: ________________________ Maria Quinonez, City Clerk Ernie Hernandez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: ______________________ _________________________ Noel Tapia Peter Han, Director of Technology City Attorney Services City Council Regular Meeting - Page 95 of 223 4 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the _________day of____________, 2022 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: __________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and 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 ______ day of ________________, 2022. __________________________ City Clerk, City of Lynwood City Council Regular Meeting - Page 96 of 223 DEVELOPMENT AGREEMENT This Development Agreement (the “Agreement”) is made this ___ day of February, 2022 (“Effective Date”), by and between the City of Lynwood (“City”) in the State of California, (“State”), a municipal corporation and SiFi Networks Lynwood LLC, a Delaware limited liability company (“SiFi”) (each of City and SiFi, a “Party” and collectively, the “Parties”). RECITALS WHEREAS, the City desires to implement a fiber optic network System (as defined below) for community benefit in the City and SiFi desires to install such a System; WHEREAS, SiFi owns the rights to the FOCUS (as defined below) proprietary fiber optic cable System technology; WHEREAS, the City has agreed to grant to SiFi the right to access and use the Public Way to install, operate, and maintain the System; and NOW, THEREFORE, in consideration of the mutual obligations of the Parties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties covenant and agree as follows: SECTION 1 1. Definition of Terms. 1.1 Terms. For the purpose of this Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. “Access” means the access to, and use of, specified areas within the Public Way subject to all necessary City permits encroachments and/or license and/or lease agreements. “Boundary” means the legal boundaries of the City as of the Effective Date, and any additions or subtractions to the City legal boundaries, by annexation or other legal means. “Cabinets” means above ground enclosures placed within the Public Way for the protection of active and passive equipment for the provision of Service throughout the System and as further described in Exhibit A. “Chambers” means underground enclosures placed within the Public Way facilitating access to the active and passive equipment for the provision of Service throughout the System. “Commencement Date” means the Effective Date. “Construction” means breaking ground for the installation of the System through final inspection and approval by City. City Council Regular Meeting - Page 97 of 223 Page 2 of 30 “Construction Contractor” or “Contractor” means the construction company(ies) performing the physical work. “Drop” means the fiber optic cable run from the edge of the Public Way (as defined below) to the Premises Wall. “Facility” means the secure spaces that the City agrees to make available to SiFi during the Term for the installation of Shelters and Cabinets. “FOCUS” means SiFi’s trademarked FOCUS™ system including the patented Wastewater Fiber Technology, know-how and other proprietary rights, comprising, among other things a combination of blown fiber, aerial, wastewater and other conventional techniques to enable multi gigabit technologies. “FON” means SiFi’s fiber optic network built by utilizing a combination of blown fiber, aerial, wastewater and/or other conventional techniques, which may also include FOCUS™ design, as well as electronics to enable multi gigabit technologies. “Hazardous Materials” means (i) any hazardous or toxic wastes, substances, or materials, and any other pollutants or contaminants, which are regulated by any applicable local, state or federal laws. “Home” means a residential single-family dwelling, or a residential single dwelling unit located within a Multiple Dwelling Unit, located within the Boundary. “Multiple Dwelling Unit” means an apartment building or other building containing more than four dwelling units located within the Boundary. “Microtrenching” means the process of cutting a trench with a dry cut machine and reinstated with cementitious slurry fill as further described in Section 4.1.1. “Pass” or “Passes” means the duct or Chamber as parts of the System has reached to the curbside of a residential Primary Premise, or the engineered point at or near a commercial Premises from which a Drop can be connected. “Person” means any natural person or any association, firm, partnership, joint venture, corporation, limited liability company, or other legally recognized entity, whether for profit or not for profit, but shall not mean the City or SiFi. “Premises” means a Home, Multiple Dwelling Unit, office or other building located within the Boundary. “Premises Wall” means the exterior of an outside wall of a Premises to which the fiber optic cable can be terminated. “Primary Premises” means the Premises within the Boundary as of the Effective Date but excluding any Premises which SiFi cannot connect (i) because of a lack of a right to access and City Council Regular Meeting - Page 98 of 223 Page 3 of 30 use the Public Way due to the City not possessing the right, title, interest or authority to permit SiFi to use and occupy the Public Way in order for SiFi to access such Premises, or (ii) because SiFi lack of a right to access any non-City owned property within the Boundary in order to access such Premises, or (iii) if there would be an incremental material cost to connect such Premises would be at least ten percent (10%) higher than the average cost to connect accessible by SiFi Primary Premises within the Boundary, or (iv) where such Premises already have a pre-existing fiber service available to them and do not desire SiFi to connect such Premises. SiFi shall not be required or obligated to make the System available to such Primary Premises described in (i) through (iv) in this definition and Substantial Completion determination shall not be impacted as a result. “Public Way” shall mean the surface of, and the space above and below, any now existing or future: public street, road, highway, parkway, driveway, freeway, lane, path, court, sidewalk, bridge, alley, boulevard, traffic signals, lamp post, public way, or other public right of way or easement including, public utility easements, dedicated utility strips, or rights of way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by, granted or dedicated to or under the jurisdiction of the City within the Boundary. For the avoidance of doubt, the term “Public Way” shall also mean any easement now or hereafter held by the City within the Boundary for the purpose of public travel, or for utility or public service use dedicated for compatible uses and shall include all other easements or rights of way held by the City within the Boundary. “Release” when used with respect to Hazardous Material means any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or inside any existing improvements or any improvements constructed hereunder, including the System. “Service” means internet, voice, data, and video service or any combination thereof, provided by the City or another Service Provider over the System. “Service Providers” means any entity, which enters into a contract with SiFi to provide Services over the System. “Shelter” means the above ground facility housing System equipment as further described in Section 4.2 and in Exhibit A hereto. “Subscribe” means an agreement to receive from a Service Provider. “Subscriber” means any Person (which for purposes of this definition shall include the City) that has entered into an agreement to receive or otherwise lawfully receives Service. “Substantial Completion” means the date on which the System has been installed such that it Passes the addresses of each of the Primary Premises and the System is capable of providing Service to each such Primary Premises (but for the lack of a Drop). “System” means all parts of the FON system under and above ground in the City that is designed to support the delivery of Service to Subscribers, including the fiber optic cable and its City Council Regular Meeting - Page 99 of 223 Page 4 of 30 component parts and appurtenances, and the other cables, wires, components, facilities, Cabinets, ducts, conduits, connectors, Shelters, Chambers, manholes, manhole covers, pedestals, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the FON system. SECTION 2 2. Grant of Authority. 2.1 Grant of Rights. SiFi Rights to Public Way. This Agreement sets forth the basic terms and conditions upon which SiFi is granted authority to install the System in the Public Way. The particular terms and location of each portion of the System shall be specified in the applicable permit as described in Section 3.2 Permits and General Obligations. Subject to the approval of all necessary permits, approvals, agreements and any conditions included therein, the City hereby grants and conveys to SiFi the access to and use of the Public Way to erect, install, construct, repair, replace, reconstruct, maintain, operate or retain in, on, over, under, upon, across, or along any Public Way, the System including, wires, cables, facilities, Cabinets, components, materials, apparatus ducts, conduits, connectors, vaults, manholes, manhole covers, pedestals, appliances, splitters, pots, attachments, and other related property or equipment as may be necessary or appurtenant to the System, within the Boundary, and all extensions and additions thereto. SiFi shall have the right, subject to City approval of the applicable permit, to determine the final engineering design and location, including but not limited to depth, width, and height, of all equipment and other parts of the System. Both Parties agree to cooperate during the design and permitting process and SiFi must first disclose all engineering designs to the City for permit approval. Notwithstanding the foregoing, installation of the System and use of the Public Way is subject to the applicable permit for a specific location. It is understood that SiFi’s right to place the System is non-exclusive, but that upon issuance of the applicable permit, the area specified therein shall be exclusive for the System, subject to the terms and conditions of this Agreement, including any requirements that obligate Sifi to relocate the System. Further, unless otherwise provided herein or therein, SiFi’s rights granted under this Agreement and the particular permit are irrevocable until the expiration or sooner termination of this Agreement and/or the permit. Abandonment of the System upon Termination of Agreement. Upon the expiration or termination of this Agreement, SiFi shall have the right, but not the obligation, to remove from or abandon in place all or any part of the System in the Public Way. Any part of the system abandoned by SiFi as described in this agreement shall become the property of the City. 2.2 Term of Agreement. City Council Regular Meeting - Page 100 of 223 Page 5 of 30 The term of this Agreement shall commence on Commencement Date and run until midnight on the date that is thirty (30) years after the Commencement Date (the “Initial Term”). Following the Initial Term, this Agreement shall automatically renew for one additional term of thirty (30) years commencing on the thirtieth (30th) anniversary of the Commencement Date (a “Renewal Term,” and, together with the Initial Term, the “Term”) unless either Party provides written notice to the other Party of its intent not to renew at least one hundred eighty (180) days prior to end of the Initial Term and thereafter at least one hundred eighty (180) days prior to end of the first Renewal Term. However, any such automatic renewal shall not be valid if either Party is in default of the Agreement at the end of the Initial Term or any Renewal Term, unless subsequently ratified by the written consent of the non-defaulting Party. If SiFi elects to not renew this Agreement the system will be deemed abandoned and shall become the property of the City, unless SiFi notifies the City in writing within ninety (90) days of the expiration of the Term of its intent not to abandon the System. 2.3 License. (i) City hereby grants and conveys, at no additional charge, to SiFi, and its licensees, successors, lessees, transferees, and assigns, a license (“License”) to enter and occupy portions of the City’s Public Way and/or City-owned land including for up to 2 specific locations as further described in Section 4.2, which locations will be mutually agreed upon in good faith between the City and Licensee (the “License Area”), for the purposes of erecting, installing, constructing, operating, repairing, replacing, reconstructing, removing, maintaining, using and retaining said System, including, without limitation, wires, cables, ducts, conduits, connectors, vaults, handholes, handhole covers, fencing, pedestals, appliances, splitters, attachments, and other property, equipment, components, materials, apparatus and appurtenances to the System and the Facilities (the “Improvements”). This License is subject to easements, covenants, conditions, and regulations in existence as of the date hereof, and any relocation in accordance with Section 7.2(v) of this Agreement. (ii) Subject to easements, covenants, conditions, and regulations in existence as of the date hereof, SiFi shall be permitted to make such alterations to the License Area as are reasonably necessary to erect, install, construct, repair, replace, reconstruct, remove, maintain, operate, and use, the System including, without limitation, the Improvements, and adding and moving electrical lines and other utilities and apparatus. SiFi shall be responsible for all costs incurred in the alterations. All construction, installation, maintenance and repair of the License Area shall be conducted so as to interfere as little as practicable with City’s use and operation of the Public Way. The installation of the System and alterations by SiFi in the License Area shall be done in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials. Any damage to the License Area caused by reason of the exercise of SiFi’s rights hereunder shall be corrected within a reasonable time by SiFi at its sole cost and expense. (iii) SiFi will maintain the Improvements in accordance with this Agreement. (iv) SiFi shall not install or construct any other structures or improvements other than the Improvements and associated appurtenances described herein. City Council Regular Meeting - Page 101 of 223 Page 6 of 30 (v) The Improvements installed within the License Area by SiFi shall be made at no expense to City. SiFi shall be responsible, and assume all costs, for any relocation or protection of any part of the System in the event the relocation or protection of the System is necessary due to changes in any Public Way at any time during the term of this Agreement. SiFi agrees to perform any such relocation or protection of the System in a timely manner. (vi) City, at its sole cost, shall operate, maintain and repair the Public Way so as to avoid damage or minimize adversely affecting the System and the License Area. City shall not make any modifications to, or alter, the License Area without prior written notice to SiFi. (vii) City, its agents, or assigns, or any utility company or City franchisee may at any time, enter upon the License Area, except for the Shelter locations, covered by this Agreement for the purpose of installing, maintaining, relocating, altering, enlarging, repairing, or inspecting any utility, facility, or public work thereon; provided that City will be liable to and will indemnity SiFi for any damages to the System, Improvements and Facilities. (viii) SiFi shall restore damaged or disturbed surfaces or underground utilities at or adjacent to the License Area to substantially the same as the original condition, as determined by the sole reasonable discretion of the City. Restoration shall be carried out immediately after construction. Any damage not repaired to the satisfaction of the City shall be a cause to suspend any operations within the City’s limits by the party causing the damage until the repairs are satisfactory to the City. (ix) The System and all of its parts and components which are installed and constructed by SiFi in the License Area shall at all times be and remain the property of SiFi. (x) Unless otherwise provided for by law or within this Agreement or any subsequent agreement under Section 4.2.1, City shall not interfere with SiFi Network’ access to, use and possession of the License Area, nor shall City otherwise impede, disturb, interfere with, or restrict, SiFi’s access to, use and possession of, the License Area unless necessary to facilitate a legitimate public purpose. (xi) The terms, conditions and rights contained herein shall be covenants running with the land and shall remain in effect for as long as the Agreement remains in effect. The terms and conditions contained herein shall bind, inure to the benefit of, and be enforceable by, City and SiFi, and their respective successors and assigns (including, without limitation, any and all successors to City in title to all or any portion of the Public Way). 2.4 Exclusivity. Until after the first anniversary of the Effective Date, the City shall not solicit, accept offers from or enter into an agreement with any third party regarding any competing fiber optic cable system within the City’s Boundary, subject to any obligation or requirements imposed upon the City in its capacity as a land use authority under federal or state law or regulation. Notwithstanding the above, the City may allow installation of fiber optic cables by any franchisee of the State’s Public Utility Commission and/or an established internet service provider with an existing, as of the Effective Date, franchise agreement with the City or with the State to operate within the City. City Council Regular Meeting - Page 102 of 223 Page 7 of 30 2.5 Efficient Permitting Process. During the Term, the City shall provide efficient and diligent good faith review of all applications for permits by SiFi and/or its contractors, to the extent reasonably possible and to the extent permits are necessary, including permits or other necessary items for construction work on the System within the Public Way. The City acknowledges and agrees that in order for SiFi to perform its obligations under this Agreement, time is of the essence in connection with permitting, licensing, and approval of the System. Accordingly, the City agrees to the process and timeframes below in connection with all applications for permits by SiFi and/or its contractors in connection with this Agreement: (i) The City shall within forty-eight (48) hours of submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement provide written acknowledgment to SiFi and/or its contractor confirming receipt of such submittal; and (ii) The City shall within five (5) calendar days of submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement acknowledge in writing that such application is properly submitted and complete, or in the event such application is not properly submitted and complete, provide SiFi and/or its contractors with a detailed written explanation of any deficiencies. Upon curing any such deficiencies, the City shall undertake an expedited review of the application per the timelines specified herein or other request for permit by SiFi and/or its contractors in order to comply with this Section 2.4.1. (iii) The City shall within fifteen (15) calendar days of a reasonably sufficient submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement provide written notification of initial review and provide in writing to SiFi and/or its contractors a detailed explanation of any additional information needed for the City to complete its review process. In the event no additional information is needed, the City shall so notify SiFi and/or its contractors in writing. (iv) The City shall within twenty-one (21) calendar days of a reasonably sufficient submittal by SiFi and/or its contractors of an application or other request for a permit in connection with this Agreement provide final approval and issue any necessary approval or permits to SiFi and/or its contractors. City Council Regular Meeting - Page 103 of 223 Page 8 of 30 The engineering details provided in Exhibit A are the typical details that may or may not change during the final engineering design process, and are subject to final inspection and approval by the City. Nothing herein shall be construed as a promise, warranty, or guarantee of approval of any permit, license, or other land use approval which may be required. Provided that no permit, license, or other land use approval of any other approval requested by or required if SiFi shall be unreasonably withheld, conditioned or delayed. Furthermore, SiFi shall have no liability for and shall not be deemed to be in breach of any of its obligations hereunder, if the necessary permits, licenses or approvals are not issued or are issued but not timely by the City, unless any delay in the issuance of permits is due to Sifi’s failure to provide any necessary information or fulfill any other obligations related to the permit process. 2.5.4 Such permitting process shall be facilitated by a single point of contact (“SPOC”) within the City’s Engineering Department. The SPOC in the City’s Engineering Department will be responsible for facilitating and expediting the plan check, permitting process, inspections and communicating with SiFi and its contractors, the City Council, and the general public regarding the construction process and progress. The annual cost and expense to the City associated with employing, training, and retaining a SPOC until Substantial Completion of the System shall be reimbursed by SiFi up to Ninety Thousand Dollars ($90,000.00) per year, and such annual costs should be prorated on a monthly basis and included in the invoices from the City under Section 2.6 (“SPOC Costs“). 2.6 Invoices and Payments – Monthly Reimbursable Amounts. Beginning with the first business day of the month following the first permit application submitted by SiFi, City will invoice SiFi on the first business day of each month for actual City fees incurred by the City during the previous month including administration of the Efficient Permitting Process described in Section 2.5 above, plan check fees, encroachment permit fees, inspection fees, SPOC Costs, and any other applicable fees (collectively, the “Monthly Reimbursable Amounts”). City represents and warrants that such Monthly Reimbursable Amounts are and will be a fair market value of all City costs incurred by the City in fulfilling its obligations under the Agreement. City will continue to invoice SiFi for the Monthly Reimbursable Amounts until Substantial Completion. Each such monthly invoice shall be payable within thirty (30) days of receipt. 2.7 Fees, Expenses and other Charges. Except as expressly set forth herein, each Party shall bear and be responsible for all of its own costs, fees and expenses incurred in executing and performing this Agreement. For the avoidance of doubt, because of the payment of the Monthly Reimbursable Amounts, City agrees (i) that SiFi shall not be responsible and liable for any other or additional fees or payments to the City in connection with this Agreement or the permitting process in excess of the Monthly Reimbursable Amounts, or (ii) that SiFi shall be exempt from and City shall waive any assessment or taxes that otherwise would or might be levied by the City for use of the Public Way. The City agrees that this Agreement shall not require SiFi City Council Regular Meeting - Page 104 of 223 Page 9 of 30 to comply with or otherwise be subject to, unless such requirement is legally allowable under Federal and California state law, any obligations or liabilities as a grantee of a franchise under the City’s municipal code, ordinances or similar laws; provided that, any such charges shall not be higher than the charges imposed on any other company providing similar services in the City. SiFi shall introduce each Service Provider to the City, and City will directly work, subject to a separate agreement between the City and such Service Provider, with all Service Providers with respect to Federal, State, or City required fees or taxes to be invoiced monthly by each Service Provider as a separate line item to any such Service Provider’s active Subscriber and or in-kind contributions available under any applicable laws. The City agrees that City bonding and insurance requirements will be satisfied by bonds and insurance coverage provided as part of the encroachment permit application and supplied by the Construction Contractor (as principal) performing the construction of the System. Such bonds and insurance documentation to be supplied prior to the start of Construction. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 2.7 will survive expiration or termination of this Agreement. 2.8 Relocation, Modification, or Alternations. Excluding relocations requested by the City pursuant to Section 7.2(v) and repairs or maintenance to the System, SiFi may not relocate, materially modify, or materially alter the System components any time after issuance of the permit(s) for the System, except upon City’s written approval in its sole reasonable discretion. 2.9 SiFi shall allow the City to use the System for governmental internal data communication and non-retail purposes, subject to a separate agreement to be negotiated in good faith between the Parties, at a rate substantially less than market rate. SECTION 3 3. The System. 3.1 System Description. SiFi will install the System within the Boundary using the Public Way. The System shall use fiber optic cable emanating from the Shelter to the applicable Cabinet in the Public Way and then to the private Premises Wall for each applicable Primary Premise. The City acknowledges and agrees that SiFi has the right to install the System within the Boundary using the Public Way in order to make the delivery of Service over the System available to all Premises within the Boundary. The Parties acknowledge and agree that there is no agreed design or configuration of the actual location of the System within the Public Way at this time and that SiFi shall submit such designs specification, plan and associated details to the City for approval when ready. The City will work with SiFi to approve the physical location of the fiber optic cable and other equipment and components of the System in, on, over, under, upon, across, or along the Public Way and from the Public Way to the Premises Wall. 3.2 Permits and General Obligations. SiFi is deemed to have approval to locate the System within the Boundary, subject to applicable permits, regulations, laws, ordinances, and conditions, including but not limited to encroachment, licenses, or other forms of plan review and approval or authorization necessary to construct, install, operate, maintain, replace, reconstruct, or repair the System, or any part thereof, during the term of this Agreement and any extensions. Construction and installation of the System shall be performed in a reasonably safe manner using City Council Regular Meeting - Page 105 of 223 Page 10 of 30 materials of good quality. Construction shall be allowed daily from 7am to 7pm local time unless any specific restrictions or limitations are imposed by any permits issued by the City. All transmission and distribution structures and equipment installed by SiFi for use in the System in accordance with the terms and conditions of this Agreement shall be located so as to minimize interference with the proper use of the Public Way and the rights of property owners who own property that adjoin any such Public Way SiFi will adhere to all City building code and street repair requirements; provided, however in the event of an inconsistency or conflict between the rights and exceptions granted to SiFi pursuant to this Agreement and a City building code provision, the City building code provision will be interpreted in a manner that supports the objectives and intent of this Agreement. In the event City building code provisions are amended or adopted after the date hereof, the terms of this Agreement shall control, unless such provisions have retroactive effect, or are necessary to ensure the safe use of the Public Way. SECTION 4 4. Construction and Facilities. 4.1 The City acknowledges and agrees that SiFi and its contractors intend to use varying construction techniques for the System Construction and deployment, which may include, any of the following: (i) traditional open trench and/or directional boring; (ii) slot cut Microtrenching as set forth in the specifications set forth in Exhibit A to this Agreement; (iii) the use of a ground penetration radar system as the primary method for identifying underground utilities prior to any Microtrenching; (iv) aerial cables; and/or (v) techniques ancillary to or related to the foregoing. Notwithstanding any City building code provision to the contrary, the City hereby approves each of the above referenced construction methods and the specifications in the exhibit and agrees to work cooperatively with SiFi in reviewing all other potential construction methods. Any trenching required for the installation, repair or maintenance of the System shall have a minimum trench depth as depicted on Exhibit A, whereby SiFi has the ability to install at a shallower depth at the City’s sole reasonable discretion at the time of permit submittal. 4.1.1 SiFi shall be solely responsible for all repairs, maintenance, and adjustments, and damage to the System, not caused by City’s active negligence or willful misconduct. The City shall be liable to the extent any loss or damages to the System or other property and equipment results from the active negligence or willful misconduct by the City or its agents. City Council Regular Meeting - Page 106 of 223 Page 11 of 30 4.2 Location of Equipment/Facilities. Facilities. During the Term, the City shall provide SiFi, as needed, with access to and use of the Facilities for the installation and operation of up to two (2) SiFi’s Shelters (approximately 1,000 square feet per location for each Shelter) subject to a separate lease, easement or another suitable agreement to be negotiated in good faith between the parties including payment by SiFi of fair market value for the use and occupancy of each such Shelter Facility on City-owned land. Shelters and Cabinets Locations. SiFi agrees to provide engineering designs including intended locations of the Shelters and Cabinets required for the System to the City prior to Construction in accordance with City's permitting process. The City and SiFi agree to cooperate in the selection of suitable sites for the Shelters and Cabinets. However, City has sole and absolute but reasonable discretion to reject a proposed location; provided that, the City will use reasonable efforts to offer suitable alternative locations. 4.2.3 Removal. Upon expiration or early termination of this Agreement or the separate lease, easement or other suitable agreement referred to in Section 4.2.1, SiFi shall cause such above-ground Facilities, Shelters and Cabinets to be removed and the area restored to its prior condition, unless otherwise directed by City in writing prior to such expiration or early termination. SiFi shall be solely responsible for all costs and expenses associated with any such removal. 4.3 System Connections to the Premises Wall. SiFi will provide a terminated fiber to each Subscriber’s Premises receiving a Drop in a manner to be determined by SiFi. The location and the method of the Drop will vary depending on the circumstances of the location of the Subscriber’s Premises. For the avoidance of doubt, in the event SiFi cannot install fiber optic cable or other necessary equipment on private property because of a lack of a right to access the property, SiFi shall not be required to make the System available to such Premises when private easement has not been granted. SECTION 5 5. Oversight and Regulation by City. 5.1 Oversight of Construction. In accordance with applicable law, the City shall have the right to oversee and inspect the Construction of the System in the Public Way. 5.2 Compliance with Applicable Laws. SiFi and the City shall, at all times during the Term, be subject to and comply in all material respects with all applicable federal, state laws and local laws regarding the Construction of the System in the Public Way. 5.3 Treatment of Confidential Information. Subject to local, state and federal law, including without limitation, the California Public Records Act (“CPRA”), the City agrees that, City Council Regular Meeting - Page 107 of 223 Page 12 of 30 without the prior written consent of SiFi, all information regarding the System, including plans, drawings, designs, conceptual renderings, cost information, specifications, photographs, reports, manuals, and other documents (“Confidential Information”), is proprietary and shall be kept confidential and shall not be disclosed to any Persons other than the City's authorized employees, representatives, staff and consultants (collectively, “Representatives”) with a need to know such information and such Confidential Information shall not be used to the detriment of SiFi. The City shall cause its Representatives to observe the confidentiality obligations described herein and shall be responsible for any breach of these obligations by any of its Representatives unless disclosure of the Confidential Information was required by law. The City agrees to assert applicable exemptions to any CPRA request for Confidential Information and to promptly notify SiFi if the City receives a CPRA request relating to SiFi or the System. Promptly upon the written request of SiFi or the termination of this Agreement, the City will return to SiFi or destroy (any such destruction shall be certified in writing by an officer of the City) all copies of the Confidential Information and all other documents prepared by the City that contain or reflect the Confidential Information. Notwithstanding anything to the contrary contained in this Agreement, the City’s obligations set forth in this Section 5.3 will survive expiration or termination of this Agreement. SECTION 6 6. Insurance. SiFi shall procure and maintain from the date of start of Construction for the duration of the term of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SiFi, its agents, representatives, employees, or subcontractors. 6.1 Minimum Scope and Limit of Coverage. Coverage shall be at least as broad as: A. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Coverage shall include blanket contractual liability and broad form property damage, premises, operations, explosion, collapse, underground hazard (commonly referred to as “X”, “C” and “U” coverages B. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. C. Workers’ Compensation insurance as required by the State, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. City Council Regular Meeting - Page 108 of 223 Page 13 of 30 D. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. E. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the SiFi must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review. F. Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. If the Contractor or SiFi maintains broader coverage and/or higher limits than the minimums shown above for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor or SiFi. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City. 6.2 Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. At the option of the City, SiFi shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or SiFi shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 6.3 Other Insurance Provisions: A. Additional Insured. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of SiFi including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of SiFi. General liability coverage can be provided in the form of an endorsement to the SiFi’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). City Council Regular Meeting - Page 109 of 223 Page 14 of 30 B. Primary Insurance. For any claims related to this project, SiFi’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the SiFi’s insurance and shall not contribute with it. C. Notice of Cancellation. SiFi shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, SiFi shall forthwith obtain and submit proof of substitute insurance. D. Builder’s Risk (Course of Construction) Insurance. SiFi may, if requested by the City, submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. E. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. F. Waiver of Subrogation. SiFi hereby agrees to waive rights of subrogation which any insurer of SiFi may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. G. Verification of Coverage. SiFi shall furnish, upon request, the City with Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before the date of the start of Construction. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. City Council Regular Meeting - Page 110 of 223 Page 15 of 30 H. Contractor/Subcontractors. SiFi shall require and verify that the Contractor and all subcontractors maintain insurance meeting all the requirements stated herein, and SiFi shall require, to the extent possible, the Contractor and all the subcontractors to list City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. I. Special Risks or Circumstances. City reserves the right to modify, at any time, these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. SECTION 7 7. Parties' Obligations. 7.1 Obligations of the City. In addition to all other duties and obligations contained elsewhere in this Agreement, City has the following duties and obligations: (i) Provide a SPOC for SiFi, which SPOC will be responsible to address all issues related to the System, providing coordination with and act as a liaison to City departments, and serving as a communication and troubleshooting resource for SiFi. (ii) Offer the full cooperation of all City departments with respect to relevant issues with respect to the System. Such cooperation will be supervised by the SPOC. (iii) Subject to Section 3.2 and forty-eight (48) hours advanced notice and consent by the City, provide SiFi and its representatives with access to the City property, assets and infrastructure for which a permit has been issued to SiFi for the installation, inspection, and maintenance of the System and for any other reasonable business purpose with respect to the System, with no additional charge by the City, except for the Monthly Reimbursable Amounts payments, for such access following completion of construction. SiFi and/or any contractors it hires will be required to obtain encroachment permits and pay any related permit and inspection fees and comply with all other standard encroachment permit conditions of approval for future maintenance and/or repairs and/or alterations to its System located within the Public Way. Notwithstanding the foregoing, SiFi shall have the right to access the License Area to perform any emergency repairs or maintenance of the System without providing the advance notice required above, if the License Area is located on any City-owned property that is generally accessible to the public during the hours SiFi requires access. SiFi agrees to comply with all protocols and procedures for access required by any specific locations owned by the City. City Council Regular Meeting - Page 111 of 223 Page 16 of 30 (iv) Participate in regular status meetings for the coordination of all matters related to the System. (v) Provide efficient and diligent, as specified in Section 2.5, good faith review of all applications for permits submitted by SiFi or its representatives or contractors, including permits or other necessary items for construction work on the System within the Public Way. (vi) In the event of emergency repairs by the City or its contractors in the Public Way are necessary pursuant to Section 7.2(v) below, coordinate the repairs with SiFi, any utilities or other users of the Public Way, in order to facilitate prompt repairs, such coordination to be supervised by the SPOC and the SPOC shall keep SiFi continually apprised of the status of such repairs. (vii) When reasonably able, City will provide SiFi with a least thirty (30) days advance notice of any work in the Public Way that requires the relocation of the System pursuant to Section 7.2(v) below. In addition, where necessary, the City will provide SiFi with an opportunity to access the System at the time of the excavation in the Public Way by others. City shall contractually require all City contractors and permittees in the Public Way to maintain the City required insurance and to indemnify the City for any third party claims raised against the City. 7.2 Obligations of SiFi. In addition to all other duties and obligations contained elsewhere in this Agreement, SiFi has the following duties and obligations: (i) Work closely with the SPOC of the City and relevant City departments with respect to the construction of the System. (ii) Comply with all requirements of City for permit and Public Way use applications, to the extent they may be required. (iii) Maintain or provide for the maintenance of the System. (iv) SiFi and its contractors shall register with the Underground Service Alert of Southern California (“DigAlert”) and comply with all obligations required thereunder; and (v) SiFi shall not be required to relocate for any routine curb and gutter and sidewalk maintenance and repair including without limitation repair of potholes, milling and repaving of roadways; provided that, City and City’s contractors shall exercise reasonable care and shall be liable to SiFi for any damages to the System. Except for the above paragraph and when non-emergency work to be performed by the City or its contractors is reasonably required to be City Council Regular Meeting - Page 112 of 223 Page 17 of 30 within two inches (2”) radius from the SiFi System in accordance with industry standards (“Conflict”), City shall provide SiFi with not less than sixty (60) days written notice of such Conflict and City shall provide all reasonable accommodations including excavating to the SiFi impacted facilities as reasonably requested by SiFi to allow and facilitate coordination with the City contractor in order for SiFi to protect, or to temporarily or permanently relocate the impacted portion of the System; provided that, SiFi shall bear the direct reasonable cost for additional delays or costs incurred by the City for such Conflict work. If SiFi fails to act on such notice of Conflict within sixty (60) days from receipt, City will not be liable to SiFi for any resulting damages to the System. SiFi will endeavor to facilitate an introductory meeting between the City and Service Provider(s) who use the Network to provide services to residential and business, and further will advise any such Service Provider(s) that the City may require fees as required by law or regulation. (vi) Provide response times in connection with repairs to be undertaken by SiFi and/or contractors retained by SiFi (as opposed to repairs to be undertaken by the City) and to establish the necessary personnel levels for required dispatch, repair, inventory, maintenance, and service of the System commencing no earlier than Substantial Completion as follows: (i) Depending upon the type of fault or the method of identification, the City shall notify SiFi of a suspected fault and the generation of a service ticket. The City shall issue to SiFi one of the following service ticket(s), for which SiFi shall provide the corresponding response time: (1) Standard Response (“STANDARD”) a) Description: Construction in progress, capital improvement and other such projects impacting or potentially impacting the SiFi System and/or may impact the SiFi System, about which the City is aware of in advance. Examples of such projects include mill and fill projects, side relocations, road reclamation projects, and other similar projects, provided that any such STANDARD repair is subject to the then current State’s safe excavation laws and regulations. b) SiFi’s contractor’s response time: On-site within forty-five (45) business days City Council Regular Meeting - Page 113 of 223 Page 18 of 30 (2) Non-life-threatening Emergency Response (“NON-LTER”) a) Description: Curb and gutter projects, and utility (including telecommunications) projects requiring relocation, repair, or replacement that are impacted by the SiFi System and/or may impact the SiFi System, provided that any such NON-LTER repair is subject to the then current State’s safe excavation laws and regulations. b) SiFi’s contractor’s response time: On-site within seventy-two (72) hours (3) Life Threatening Emergency Response (“LTER”) a) Description: Break or hit in the main gas, main electric, main water, or main sewer or storm line in the Public Way that has an immediate and direct impact to the traveling safety of the public in or around the Public Way, and wherein the City’s ability to implement repairs are impacted by the SiFi System and/or City repairs may impact the SiFi System. b) SiFi’s contractor’s response time: On-site within four (4) hours (ii) Upon receipt of a service ticket as set forth herein, SiFi will use reasonable efforts to dispatch a technician to the specified fault location as identified by the City. SiFi, working with the City, will then make the determination as to whether the technician will proceed with the repair(s) if possible, wait for arrival of a City contractor, if necessary, for investigation and/or repair of work, or leave the site. SECTION 8 8. Breach; Rights and Remedies; Termination; Indemnification. 8.1. SiFi Breach or Default. In the event the City believes that SiFi has not complied with or is otherwise in default with regard to any material term of this Agreement, the City shall promptly notify SiFi in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “City Breach Notice”). City agrees that it shall not issue a City Breach Notice and shall not raise any claims for breach against SiFi, if such breach would not have City Council Regular Meeting - Page 114 of 223 Page 19 of 30 occurred or such claim would not have been raised but for conduct by the City that materially prevented SiFi’s performance of its obligations under the Agreement. 8.1.1 SiFi’s Right to Cure or Respond. SiFi shall have forty- five (45) days from its receipt of a City Breach Notice (the “Initial SiFi Cure Period”) to: (i) respond to the City, contesting the assertion of noncompliance or default and in such event the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) days of SiFi’s response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such contest; or (ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the Initial SiFi Cure Period, so long as SiFi initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies the City of the steps being taken and the projected date that they will be completed, the Initial SiFi Cure Period shall be extended for a reasonable amount of time to permit such cure but not to exceed ninety (90) days from SiFi’s receipt of a City Breach Notice (the “Extended SiFi Cure Period” and together with the Initial SiFi Cure Period, the “SiFi Cure Period”). 8.1.2 City Rights and Remedies. (i) Except as provided in Sections 8.1.2(ii), (iii) and (iv) below which shall control in connection with the events described therein, and in addition to any other remedies provided for this Agreement; if SiFi fails to cure any actual noncompliance or default as provided in Section 8.1.1(ii) above within the SiFi’s Cure Period, the City may: (a) seek specific performance of any provision of this Agreement which lends itself to such remedy as an alternative to money damages; (b) seek money damages from SiFi; or (c) in the event of the breach of, noncompliance with or default under any material term of this Agreement, terminate this Agreement and seek any and all rights and remedies available to it at law or in equity. City Council Regular Meeting - Page 115 of 223 Page 20 of 30 (ii) In the event of termination or expiration of this Agreement and subject to a prior written consent from SiFi, the City shall within thirty (30) days of the effective date of such termination require SiFi to remove all related above- ground Facilities, Shelters and Cabinets from the Public Way and City property at no cost or expense to the City. In the event the above-ground Facilities, Shelters and Cabinets are not removed within 180 days of termination or expiration of this Agreement, the remaining portions of the System shall be deemed abandoned and City may elect to remove such remaining above-ground portions of the System, and SiFi shall reimburse City for such removal costs and expenses within sixty (60) days of invoice by the City. 8.2 City Breach or Default. In the event SiFi believes that the City has not complied with or is otherwise in default with regard to any term of this Agreement, SiFi shall promptly notify the City in writing with specific details regarding the exact nature of the alleged noncompliance or default (a “SiFi Breach Notice”). The failure to promptly provide such notice, however, shall not act as a waiver of any rights and remedies of SiFi hereunder unless and only to the extent that the City is materially prejudiced by such failure. 8.2.1 City's Right to Cure or Respond. The City shall have forty-five (45) days from its receipt of a SiFi Breach Notice (the “City Cure Period”); provided that the City Cure Period for an unreasonable, unilateral failure of the City to review permit applications and issue a permit(s) necessary to construct the System as required under Sections 3.2 and 7.2.1(iv) (a “Permit Issuance Breach”) shall be ten (10) days from its receipt of a SiFi Breach Notice to: (i) respond to SiFi, contesting the assertion of noncompliance or default and in such event the Parties shall use commercially reasonable efforts to promptly resolve such contest and to the extent the Parties are unable to resolve such contest within thirty (30) days of the City’s response, each Party shall be entitled to seek any and all rights and remedies available to it at law or in equity to resolve such contest; or (ii) cure an actual default or noncompliance; provided, however, in the event that the default is curable but due to the nature of the default or noncompliance, such default or noncompliance cannot be cured within the City Cure Period, so long as the City initiates reasonable steps to remedy and continuously and diligently uses all reasonable efforts to cure such default or noncompliance promptly and notifies SiFi of the steps being taken and the projected date that they will be completed, the City Cure Period shall be extended for a reasonable amount of time to permit such cure but not to exceed ninety (90) days from the City’s receipt of a SiFi Breach Notice (the “Extended City Cure Period”). City Council Regular Meeting - Page 116 of 223 Page 21 of 30 8.2.2 SiFi Rights and Remedies. If the City fails to cure any actual noncompliance or default as provided in Section 8.2.1(ii) above within the applicable City Cure Period, SiFi may: (i) seek specific performance of any provision of this Agreement which lends itself to such remedy as an alternative to money damages; (ii) seek money damages from the City; or (iii) in the event of the breach of, noncompliance with or default under any material term of this Agreement, terminate this Agreement and seek any and all rights and remedies available to it at law or in equity. 8.3 Additional Rights to Terminate. 8.3.1 At any time prior to commencing Construction or in the event the City fails to comply with the requirements of the Agreement and fails to cure such non-compliance within the relevant City Cure Period, SiFi shall have the immediate right, at its option, upon written notice to the City to terminate this Agreement and shall be entitled to any and all other rights and remedies available to it at law or in equity. 8.3.2 A Party shall have the right, at its option, upon notice to the other Party to terminate this Agreement if the other Party becomes (i) insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or (ii) subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes which is not rescinded or dismissed within thirty (30) days. 8.3.3 Either Party shall have the right to terminate this Agreement with thirty (30) days prior notice to the other Party if Substantial Completion has not been achieved prior to the fourth anniversary of the commencement of Construction. However, if at the end of the fourth anniversary of the commencement of Construction, SiFi has the capability to provide service to 85% percent of Primary Premises within the City’s boundaries, SiFi shall operate the then existing portion of the System and shall have until the fifth anniversary of the commencement of Construction to achieve Substantial Completion before the City’s right to terminate under this subsection 8.3.3 becomes effective. 8.4 Indemnification. 8.4.1 SiFi shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, City Council Regular Meeting - Page 117 of 223 Page 22 of 30 in any manner which actually or allegedly arise out of or are incident to any alleged acts, omissions, negligence or willful misconduct of SiFi, its officials, officers, employees, agents, and subcontractors arising out of or in connection with the performance of the Services, the installation, maintenance, repair or operation of the System, or this Agreement, including without limitation the payment of all attorney’s fees and other related costs and expenses except where caused by the active negligence or willful misconduct of the City its officers, officials, employees and volunteers. SiFi shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents or volunteers. SiFi shall pay and satisfy any judgment, award or decree that may be rendered against the City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. SiFi shall reimburse the City, its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. SiFi’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City its officials, officers, employees, agents or volunteers. 8.5 Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING ANY LOST SAVINGS OR HARM TO BUSINESS. EACH PARTY HEREBY RELEASES THE OTHER PARTY AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EQUITY AND DEBT HOLDERS, PARTNERS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, FROM CLAIMS FOR ANY SUCH DAMAGES. SiFi aggregate liability under this Agreement shall be limited to the higher of one million dollars ($1,000,000) or the amount of available applicable insurance coverage. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 8.5 will survive expiration or termination of this Agreement. SECTION 9 9. Disputes. 9.1 For all claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System which cannot be settled through negotiation, the Parties agree first to try in good faith to settle the matter by mediation in the County of Los Angles, prior to commencing litigation. 9.2 All claims, disputes or controversies arising out of, or in connection with, the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in City Council Regular Meeting - Page 118 of 223 Page 23 of 30 connection with, the System, shall be decided in a court of law. The sole and exclusive venue for all claims, disputes or controversies arising out of, or in connection within the breach, interpretation, application, or enforcement of this Agreement, or arising out of, or in connection with, the System, shall be the United States District Court with applicable federal jurisdiction for the City, or if there is no federal court jurisdiction, the state courts in the County where City is located. SECTION 10 10. Miscellaneous Provisions 10.1 Assignment. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and each of their respective successors and assigns as provided herein. The City shall not be permitted to assign, sell or transfer this Agreement, or its rights and duties under this Agreement, without the prior written consent of SiFi, which consent shall not be unreasonably withheld, conditioned, or delayed. SiFi shall have the right to assign, novate, sell, encumber, or transfer this Agreement and the System or any part thereof, without the consent of the City to SiFi’s principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or substantially all of the SiFi's assets in the market by reason of a merger, acquisition, or other business reorganization, provided such assignee, purchaser, or transferee has all appropriate licenses, to the extent SiFi’s licenses, permits and approvals cannot be assigned or transferred, for the operation, management, and maintenance of the facilities contemplated herein and sufficient financial resources to fulfill all applicable terms and obligations under this Agreement. At least thirty (30) days prior to the effective date, or as soon as practicable, of any such assignment, sale or transfer, SiFi shall provide City with a fully executed copy of the assignment, sale or transfer document, signed by both SiFi and assignee/purchaser/transferee, indicating the assignee's/purchaser's/ transferee's assumption of all of SiFi's performance duties, liabilities and obligations under this Agreement. SiFi shall not be relieved of its performance duties, liabilities or obligations under this Agreement until City is in receipt, of a fully executed copy of the document evidencing such assignment of the obligations herein and the assignee’s/purchaser’s/transferee’s assumption of SiFi’s performance duties, liabilities, and obligations under this Agreement. SiFi may not otherwise assign this Agreement or the System without City’s consent, City’s consent not to be unreasonably withheld, conditioned, or delayed. Upon any such consented-to assignment, sale, transfer, or novation, SiFi shall be released from all obligations and liabilities under this Agreement from and after the date of such assignment. SiFi shall give the City fourteen (14) days' advance notice of such assignment, sale, transfer or novation disclosing the identity of the Person to whom it has been assigned, transferred, sold or novated. The City agrees from time to time to promptly deliver (and in no event later than ten (10) days after request by SiFi) to SiFi an estoppel certificate addressed to the assignee, buyer or transferee designated by SiFi, affirming for the benefit of such buyer, assignee or transferee the following (to the extent that the following are then true): the Agreement is in full force and effect; SiFi is not in default thereunder; and such other matters as such assignee, buyer or transferee may reasonably request. 10.2 Force Majeure. Except as otherwise expressly set forth in this Agreement, each Party shall be excused for any delay in the performance of any of the duties or obligations required City Council Regular Meeting - Page 119 of 223 Page 24 of 30 by the provisions of this Agreement, to the extent and duration that such non-performance is reasonably caused by any of the following events (each a “Force Majeure Event”): unreasonable, unilateral or arbitrary failure by the City to issue permit(s) required to construct the System or any part thereof to SiFi or its contractor(s), conduct by either Party that materially interferes with the other Party’s ability to perform, labor strike, riot, war, earthquake, flood, hurricane, health crisis, pandemic, drought, tornado, unusually severe weather conditions, or other act of nature, labor disputes, failure of utility service necessary to construct the System, governmental, administrative or judicial order, or other event that is beyond the non performing Party’s reasonable control. Force Majeure Events also include work delays caused by waiting for (i) utility providers to service or monitor their own utility infrastructure on which SiFi’s fiber optic cable and/or equipment may be deployed, as well as unavailability of materials and/or utility providers reasonable inability to find reasonably qualified labor to perform the work or (ii) third parties’ acts or omissions within the Public Way which materially interfere with SiFi’s ability to perform its obligations under this Agreement. 10.3 Notice. All notices and communications hereunder shall be in writing and shall be served upon the other party by hand delivery, nationally recognized overnight delivery service, United States certified mail, return receipt requested, or by electronic mail and addressed as follows: IF TO THE CITY: City of Lynwood, City Hall 11330 Bullis Road, Lynwood, CA 90262 Attn: __________ Email: __________ IF TO SIFI: SiFi Networks Lynwood LLC 103 Foulk Road, Suite 500 Wilmington, DE 19803 Email: NOTICES@SiFiNetworks.com or to such other address as such Party may hereafter specify for the purpose by notice to the other Party in the manner provided in this Section 10.3. All such notices, requests and other communications will be deemed received on the date of receipt if received prior to 5 p.m. on any business day in the place of receipt. Otherwise, any such notice, request or communication will be deemed not to have been received until the next succeeding business day in the place of receipt. Rejection or other refusal to accept or inability to deliver because of change of address of which no notice was given shall be deemed to be receipt of the notice. 10.4 Entire Agreement. This Agreement, including all Exhibits, embodies the entire understanding and agreement of the City and SiFi with respect to the subject matter hereof. This City Council Regular Meeting - Page 120 of 223 Page 25 of 30 Agreement supersedes all other agreements whether written, verbal, or otherwise between SiFi and the City with respect to the subject of this Agreement. 10.5 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement (which other terms and provisions shall remain in full force and effect) or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 10.6 Governing Law. This Agreement shall be deemed to be executed in the State of California and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of California as applicable to contracts entered into and performed entirely within the State, irrespective of conflict of laws principles. 10.7 Modification. This Agreement shall not be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the City and SiFi or their respective successors-in-interest. For the avoidance of doubt, this Agreement cannot be amended or modified orally or by course of conduct, and no executory agreement, oral agreement or course of conduct shall be effective to amend or modify this Agreement in whole or in part. 10.8 No Third Party Beneficiaries. Nothing in this Agreement or in any prior agreement is or was intended to confer third party beneficiary status on any party or Person not a party to this Agreement including a member of the public. 10.9 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights, substantive or procedural that SiFi or the City may have under federal or state law unless such waiver is expressly stated herein. 10.10 No Rights to the System. The City expressly agrees that, except as expressly set forth in this Agreement, it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the System, throughout the term of this Agreement. Except as provided in Section 8.1.2, SiFi shall, at all times, retain title to and ownership of the System and all future extensions of the System, and shall have the right to lease the System or parts thereof to a provider of internet, data, voice, video and other services. 10.11 Representations and Warranties. 10.11.1 The City represents and warrants to SiFi that: (a) it has full authority (including the authority required by any applicable law, ordinance, rule or regulation) to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the right, power and City Council Regular Meeting - Page 121 of 223 Page 26 of 30 authority of the City and have been duly authorized by all necessary action on the part of City, (b) this Agreement has been duly executed and delivered by the City and it constitutes a legal, valid and binding agreement of the City enforceable against the City in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity) and (c) the execution and delivery of this Agreement by the City and its performance hereunder and thereunder will not violate any law, ordinance, rule, or regulation applicable to the City. 10.11.2 SiFi represents and warrants to the City that: (a) it has full authority to enter into and perform this Agreement and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby are within the power and authority of SiFi and have been duly authorized by all necessary action on the part of SiFi, (b) this Agreement has been duly executed and delivered by SiFi and it constitutes a legal, valid and binding agreement of SiFi enforceable against SiFi in accordance with its terms (except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and by general principles of equity) and (c) the execution and delivery of this Agreement by SiFi and its performance hereunder and thereunder will not violate any law, rule, or regulation applicable to SiFi. 10.11.3 OTHER THAN THE EXPLICIT REPRESENTATIONS AND WARRATIES MADE BY SIFI TO CITY UNDER THIS AGREEMENT, SIFI MAKES NO REPRESENTATIONS OR WARRANTIES TO THE CITY OR ANY PERSON WITH RESPECT TO THE SYSTEM (OR THE COMPONENTS THEREOF) AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR- FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT SIFI MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. 10.12 Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either SiFi or the City. 10.13 No Partnership. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the City and SiFi or any other relationship other than a contractual relationship as expressly set forth in this Agreement. Neither Party shall in any manner act or indicate to any third party that is acting as the agent of the other City Council Regular Meeting - Page 122 of 223 Page 27 of 30 Party. SiFi shall at all times remain an independent contractor. Neither Party shall control or direct the day-to-day affairs of the other Party, or their mode or method of performing their respective obligations hereunder. 10.14 Headings. The headings and captions of this Agreement are solely for the convenience of the Parties and shall not be deemed to modify or vary any of the substantive terms thereof. 10.15 Construction. Each of the Parties acknowledge that each Party to this Agreement has been represented by counsel in connection with this Agreement. Legal or equitable principles that might require the construction of this Agreement or any provision hereof against the party drafting this Agreement shall not apply in any construction or interpretation of this Agreement and is expressly waived. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement will refer to this Agreement as a whole and not to any particular provision of this Agreement. References to Articles, Sections, and clauses are to Articles, Sections and clauses of this Agreement unless otherwise specified. Any singular term in this Agreement will be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any agreement or contract are to that agreement or contract as amended, modified or supplemented from time to time in accordance with the terms hereof and thereof. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively. 10.16 Counterparts. This Agreement may be signed in any number of counterparts, each of which will be deemed an original, with the same effect as if the signatures were upon the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (including PDF) shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 10.17 Further Assurances. Each Party agrees that it will execute and deliver such other documents and take such other action as may be reasonably requested by the other Party to effectuate the purposes and intention of this Agreement. 10.18 No Waiver. No provision of this Agreement may be waived unless such waiver is in writing and signed by the Party against whom the waiver is to be effective. No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. City Council Regular Meeting - Page 123 of 223 Page 28 of 30 [Signature page follows] City Council Regular Meeting - Page 124 of 223 Page 29 of 30 IN WITNESS WHEREOF, the Parties have caused this Development Agreement to be executed as of the day and year stated above. CITY OF LYNWOOD, a CALIFORNIA municipal corporation City Attorney Dated: ____________, 2022 SIFI NETWORKS LYNWOOD LLC, a Delaware limited liability company By:__________________________ Its:___________________________ Dated: ____________, 2022 City Council Regular Meeting - Page 125 of 223 Page 30 of 30 EXHIBIT A SPECIFICATIONS, SHELTERS, CABINETS City Council Regular Meeting - Page 126 of 223 Name: Position: Date: Signature: EXHIBIT A SPECIFICATIONS-SHELTERS-CABINETS FIBER CITY TYPICAL SPECIFICATIONS 11/29/2021 Networks City Of Lynwood Name: Position: Date: Signature: PAGE# 1 City Council Regular Meeting - Page 127 of 223 City Council Regular Meeting - Page 128 of 223 City Council Regular Meeting - Page 129 of 223 City Council Regular Meeting - Page 130 of 223 City Council Regular Meeting - Page 131 of 223 City Council Regular Meeting - Page 132 of 223 City Council Regular Meeting - Page 133 of 223 City Council Regular Meeting - Page 134 of 223 City Council Regular Meeting - Page 135 of 223 City Council Regular Meeting - Page 136 of 223 City Council Regular Meeting - Page 137 of 223 City Council Regular Meeting - Page 138 of 223 City Council Regular Meeting - Page 139 of 223 City Council Regular Meeting - Page 140 of 223 City Council Regular Meeting - Page 141 of 223 City Council Regular Meeting - Page 142 of 223 City Council Regular Meeting - Page 143 of 223 City Council Regular Meeting - Page 144 of 223 City Council Regular Meeting - Page 145 of 223 FAB DETAIlS FAB DETAIlS ® PAGE# 20 City Council Regular Meeting - Page 146 of 223 Resolution of the Board of Education Supporting the Lynwood City Council’s Goal for Fiber City Lynwood, a Vision of Enabling All Lynwood Residents to Access & Adopt Broadband Internet Service that is Reliable & Affordable WHEREAS, the Board recognizes that lack of access to the Internet and barriers to adoption of Internet service were highlighted and exacerbated by temporary closures to combat the spread of COVID-19 temporarily closing all TK-12 schools in the Lynwood Unified School District; and WHEREAS, the Board recognizes that the COVID-19 pandemic revealed the reality of inequitable and detrimental gaps in Internet access, adoption, and affordability throughout the City of Lynwood; and WHEREAS, the Board recognizes that inequities in Internet access and affordability and adoption can lead to disparate outcomes during a crisis, such as reduced access to relief programs for individuals, families and small business and barriers preventing students from participating in distance learning; and WHEREAS, in response to the COVID-19 related school closures and distance learning alternatives put in place, Lynwood Unified School District invited all families, educators, school leaders, and district office staff to participate in stakeholder surveys intended to inform future improvements to the district's capacity to support continuous remote learning in March 2020 and November 2020; and WHEREAS, survey data demonstrated and Lynwood educators reported that families lacking reliable Internet access as among the top barriers to student learning; and WHEREAS, our Lynwood Unified students who will become the next generation contributing to the economy need affordable Internet access to advance their education, access to information, technical training, and job opportunities; and WHEREAS, the Lynwood Unified School District has been pursuing strategies to expand access and adoption to broadband Internet through various state and federal funds; and WHEREAS, recent findings from our survey echo, in part, three key barriers to Internet adoption in the Federal Communication Commission’s National Broadband Plan: 1) the cost of broadband access for low-income households, 2) the lack of an affordable computing device in the home, and 3) the absence of digital literacy; and WHEREAS, during COVID-19, Lynwood Unified families and students have needed to rely on an Internet connection for telemedicine and healthcare provided online, and the City of Lynwood’s infrastructure must facilitate a future when a higher amount of medical care is done remotely, including examining private/public partnerships with service providers; and City Council Regular Meeting - Page 147 of 223 WHEREAS, due to COVID-19 limitations, adult education programs that provide English language instruction, computer literacy training, workforce readiness, GED classes, and others to adult learners have had to provide all classes remotely which has required increased Internet access and adoption; and WHEREAS, there are additional barriers beyond the lack of technology skills for all learners, including not having adequate technology or Internet access at home; and WHEREAS, the Board wants to substantially increase Internet access and adoption in order to prevent a repeat of the problem experienced during COVID-19 pandemic to maximize learning and economic opportunities for our Lynwood Unified School District families and students, residents, and local business; and NOW, THEREFORE BE IT RESOLVED, that the Board of Education of the Lynwood Unified School District is committed to the goal of enabling all Lynwood residents to access and adopt broadband Internet service that is reliable and affordable, which can be called Fiber City Lynwood; and BE IT FURTHER RESOLVED, that the Board of Education of the Lynwood Unified School District is committed to allocating eligible state and federal funds in collaboration with the City of Lynwood for reasonable costs of laptop and tablet computers, WiFi hotspots, routers, and broadband Internet connections for use by students, school staff, and parents who would otherwise lack access to connected devices and broadband Internet services sufficient to engage in remote learning; and BE IT FURTHER RESOLVED, that the Board of Education of the Lynwood Unified School District is committed to allocating eligible state and federal funds in collaboration with the City of Lynwood to mitigate learning loss related to COVID-19 school closures through learning support, expanded learning programs, devices or connectivity, integrated pupil supports, professional development, additional academic services, educational technology, community learning hubs, additional academic services, training for school staff, support to help credit deficient pupils graduate; and BE IT FURTHER RESOLVED, that the Board of Education of the Lynwood Unified School District will continue to enforce a policy of Internet safety and compliance with the Children’s Internet Protection Act (CIPA) that includes measures to block or filter Internet access for both minors and adults to certain visual depictions; and BE IT FURTHER RESOLVED, that the Board of Education of the Lynwood Unified School District recognizes that a strategic partnership with the City of Lynwood is needed to implement and build a citywide infrastructure to take advantage of federal and state funding opportunities to expand and increase Internet access for all residents in a sustainable manner; and Adopted this day of the month of in 2021. City Council Regular Meeting - Page 148 of 223 Motion made by: Second made by: List members voting “aye:” ______ List members voting “no:” List members abstaining: List members not present: City Council Regular Meeting - Page 149 of 223 Agenda Item # 15. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Mark Flores, Director of Recreation and Community Services SUBJECT: FARMERS MARKET AT LYNWOOD CITY PARK Recommendation: Staff requests that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO DESIGNATE SPACE AT LYNWOOD CITY PARK FOR A FARMERS MARKET AND TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH HUNGER ACTION LOS ANGELES AND VEN-A-VER EVENTS TO PRODUCE A FARMERS MARKET LOCATED AT LYNWOOD CITY PARK 11301 BULLIS ROAD.” Background: Local farmers markets increase community access to fresh and nutritious food. Hunger Action Los Angeles and Ven-A-Ver Events are proposing to partner and operate a community farmers market at Lynwood City Park. The proposed operation will offer traditional farmers market vendors selling to the public as well as serving as a positive community space for area residents to enjoy. Staff is requesting authority from the City Council to designate space at Lynwood City Park for a farmers market and to negotiate and enter into an agreement with Hunger Action Los Angeles & Ven-A-Ver Events to produce and operate the market. Discussion and Analysis: It is well established that farmers markets result in more viable regional economies and local farm businesses, increased access to fresh, nutritious food, and stronger social networks that help keep communities healthy. Additionally, farmers markets foster interactions among people of different race, class, age, and lifestyle. Farmers markets serve as anchors across American communities, positively influencing community health and economies. Mindful of their positive impact and the importance of offering a farmers market to the community, the City has previously attempted to offer internally-produced markets. However, these past efforts did not result in consistent success. This is mostly attributed to the lack of specialized subject-matter expertise available on staff and to the various limits on resources needed to produce a successful, on-going market. City Council Regular Meeting - Page 150 of 223 Aware of this service gap, staff has reached out to an accomplished producer of farmers markets and discussed the framework of an arrangement to have them produce a farmers market in Lynwood. Event production associates Hunger Action Los Angeles (HALA) & Ven-A-Ver Events are now proposing to partner with the City to produce a weekly farmers market in Lynwood. HALA was founded by Executive Director Frank Tamborello, a food policy advocate, involved for over 30 years in efforts to fight hunger in L.A. County & has been instrumental in the growth of some of the largest, longest-standing markets in the County. For over 15 years, the non-profit Hunger Action Los Angeles has worked in L.A. County to end hunger & promote healthy eating through advocacy and organizing. HALA collaborates with CA Food Policy Advocates, Community Health Councils, Community Services Unlimited, LA Regional Food Bank, LA Community Action Network, the Healthy Grocery Store Alliance, the LA Food Policy Taskforce, SOVA Jewish Food Pantry, Project Chicken Soup, Healthy School Food Coalition, WORKS, LADPSS, Hollywood Community Action Network, LA County Board of Supervisors, & other municipal & non-profit organizations to promote hunger advocacy. In 2018, HALA began its partnership with Ven-A-Ver Events to directly manage its farmers markets and assist in promotion of community efforts. Ven-A-Ver, is led by Rick Kanter & Evelin Tamayo-Hernandez. The team manages the markets on-site, implements the food programs, & handles the planning, marketing, & execution of the farmers markets. The two partner agencies are producing some of the most successful farmers markets in Los Angeles County, including, but not limited to: · Norwalk Farmers Market · San Pedro Farmers Market · Lomita Farmers Market · Paramount Farmers Market · Wilmington Farmers Market · Loyola Marymount Wellness · Friday Night Paramount Staff confirmed that the proposing organizations are in good corporate standing with the Internal Revenue Service and the California Secretary of State. The proposed location for the Lynwood Farmers Market is the parking lot area adjacent to the Lynwood Community Center located at 11301 Bullis Road. Operations are proposed as: · Thursdays · 10:00 a.m. to 3:00 p.m. · Term: Month-to-month with 90-day cancelation notice Additional operational and proposed agreement notes: · HALA & its vendors vendors will provide all equipment needed to operate the farmers market (canopies, tables, etc.), & will utilize outdoor event best practices - with the location left clean upon completion of each market date. · The market will adhere to all LAC Department of Public Health rules regarding certified & non-certified vendors. · The City is requested to provide or contribute: o Waivers of all City permit and facility fees. o A safe & clean location for the farmers market o Access to 2 clean bathrooms, a trash receptacle, one power outlet, and access to water. o Close off access to the event location and ensure the space is empty & available on market day. · HALA will manage social media marketing, with a good-faith arrangement with the City that it will promote City Council Regular Meeting - Page 151 of 223 the market through its available platforms. · HALA will be responsible for on-site staffing and provide the City with a booth space at each market date. · City staff are not needed to be present at each market date. Through adoption of the accompanying resolution, staff is requesting authority from the City Council to (a) designate space at Lynwood City Park for a farmers market and (b) to negotiate and enter into an agreement with Hunger Action Los Angeles & Ven-A-Ver Events to operate a weekly, on-going farmers market. Fiscal Impact: There is no anticipated fiscal impact to the general fund. No new funds are being requested with this action. Any final agreement will be periodically reviewed to address any currently unknown, future fiscal considerations. Coordinated With: Finance City Attorney ATTACHMENTS: Description Resolution Farmers Market Proposal Letter DRAFT Agreement Lynwood Farmers Market City Council Regular Meeting - Page 152 of 223 RESOLUTION NO. ________________ A RESOLUTION OF THE LYNWOOD CITY COUNCIL AUTHORIZING STAFF TO DESIGNATE SPACE AT LYNWOOD CITY PARK FOR A FARMERS MARKET AND TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH HUNGER ACTION LOS ANGELES AND VEN-A-VER EVENTS TO PRODUCE A FARMERS MARKET LOCATED AT LYNWOOD CITY PARK 11301 BULLIS ROAD WHEREAS, the City of Lynwood understands that providing a community farmers market has extensive positive impacts on Lynwood’s quality of life, economy and resident’s health; and WHEREAS, the City of Lynwood strives to be a leader in encouraging an engaged public and small business community and in the offering of quality, community, cultural and healthy-living experiences; and WHEREAS, Hunger Action Los Angeles & Ven-A-Ver Events have a demonstrated history of successfully producing farmers markets and have approached the City and offered to operate a Lynwood farmers market. 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 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 Lynwood City Council authorizes staff to negotiate and enter into an agreement with Hunger Action Los Angeles and Ven-a-Ver Events, in a form approved by the City Attorney, to operate a public farmers market at Lynwood City Park that will feature a selection of fresh food, produce and vendors to the public and a community gathering space as described in the final agreement documents. Section 3. The Lynwood City Council recognizes the significant public benefit of a City-supported farmers market and waives all applicable City permit and facility use fees and authorizes staff to provide support services to the farmers market as negotiated in the final agreement. Section 4. The Lynwood City Manager or his designee is authorized to negotiate and execute any agreement documents related to the use and project. Section 5. This resolution shall take effect immediately upon its adoption. City Council Regular Meeting - Page 153 of 223 PASSED, APPROVED AND ADOPTED THIS 1st day of February, 2022. __________________________ Jorge Casanova, Mayor ATTEST: ___________________________ __________________________ Maria Quinonez, City Clerk Ernie Hernandez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: ___________________________ __________________________ Noel Tapia, City Attorney Mark Flores, Director Recreation & Community Services City Council Regular Meeting - Page 154 of 223 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the _________day of____________, 2022 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: __________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and 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 ______ day of ________________, 2022. __________________________ City Clerk, City of Lynwood City Council Regular Meeting - Page 155 of 223 City Council Regular Meeting - Page 156 of 223 Hunger Action Los Angeles 501©3 961 S. Mariposa LA, CA 9006 hungeractionla.org December 30th, 2021 City of Lynwood Reference: Certified Farmers Market RFP Dear City of Lynwood, We appreciate this opportunity to show the city of Lynwood why Hunger Action Los Angeles & VenaVer Events are ideally suited to create a robust & empowering farmers market that provides essential food services to locals, a venue for local entrepreneurs to sell, & a fun, family friendly event for all ages. We currently operate 6 Markets in L.A. County, with 5 markets temporarily closed until Covid19 restrictions are lifted (Kaiser Permanente & Cal State markets). Each market takes EBT & WIC, & features local farmers, hot food, packaged artisan food, & locally-made gifts. We work with 100s of vendors covering every product type, & have personal contacts at both L.A County Department of Health & the California Department of Agriculture. HALA was founded by Executive Director Frank Tamborello, a highly touted food policy advocate, involved for over 30 years in efforts to combat hunger in L.A. County & has been instrumental in the growth of some of the largest, long standing markets in the area. For over 15 years, Hunger Action Los Angeles 501(c)(3) (HALA) has worked in L.A. County & surrounding communities to end hunger & promote healthy eating through advocacy, direct service, & organizing. HALA manages & implements a program called ‘Market Match’ at 20+ farmers markets in Southern California, which adds up to $10 of bonus vouchers for farm produce when you use your CalFresh or P-EBT card at the farmers market. As recently as Q4 2021, HALA was instrumental in the implementation of over $2mn of grant funds secured this year, used to increase ‘Market Match’ from $10 to $15 across over a dozen farmers markets in L.A. County. HALA collaborates with California Food Policy Advocates, Community Health Councils, Community Services Unlimited, LA Regional Food Bank, LA Community Action Network, Food Forward, Sustainable Economic Enterprises of Los Angeles, the Healthy Grocery Store Alliance, the LA Food Policy Taskforce, SOVA Jewish Food Pantry, Project Chicken Soup, Healthy School Food Coalition, WORKS, LADPSS, Hollywood Community Action Network, LA County Board of Supervisors, & other municipal & non profit organizations to promote hunger advocacy. In late 2018, HALA began a partnership with VenaVer Events (venaver.org) to manage farmers markets, & assist in promotion of community efforts. VenaVer, consisting of former HALA staff & volunteers Rick Kanter & Evelin Tamayo-Hernandez, manages the market on-site, implements the food programs, & handles the planning, marketing, & execution of the farmers markets. VenaVer brings unique skill sets that help with market growth. VenaVer Co-Founder Rick Kanter brings effective communication, strategic marketing, & a sales and marketing focus that is beneficial to both the market & vendors. Rick retired in 2015 after over a decade at Scripps Networks (HGTV, Food Network, Travel Channel, et al) as the Director of National Accounts, managing the companies West Coast Affiliate Sales operations. VenaVer Co-Founder Evelin Tamayo Hernandez, MPH, began working at farmers markets in high school over 15 years ago – and while working the markets, obtained both her Bachelors & Masters Degrees in Public Health from CSULB. During Covid19, Evelin was instrumental in several food distribution programs, including a pantry box program at CSUDH, and a weekly low-vision & blind food distribution City Council Regular Meeting - Page 157 of 223 Hunger Action Los Angeles 501©3 961 S. Mariposa LA, CA 9006 hungeractionla.org program. Evelin is laser focused on community needs, addressing hunger issues, & helping the most vulnerable in our communities. With Frank as the overall lead, Rick on-site managing, & Evelin serving as the liaison to community organizations, we have the resources, knowledge, & tools to successfully operate a farmers market in Lynwood. We will track sales, communicate with vendors & community partners, and utilize all our resources to promote the market to the community. HALA & our associated vendors will provide all our equipment (canopies, tables, etc.), & will utilize outdoor event best practices when setting up – with the location left clean upon completion of the market. The market will adhere to all LADPH rules regarding certified & non-certified vendors. The city will provide, free of charge, a safe & clean location for the farmers market, access to 2 bathrooms/sinks, access to a trash receptacle, access to one (1) power outlet, and if available – access to water. The city will also close off access to the event location to ensure the space is empty & available on market day. HALA will manage social media marketing (Instagram, Facebook, Google), with a good faith arrangement with the city that Lynwood will promote the market in all applicable & available platforms. HALA will be responsible for on-site staffing, and unless Lynwood wants a booth to promote city services, they are not required to be at each market. We guarantee the validity of this proposal for 120 days beyond the submission deadline. The facts stated in this proposal are true & correct, and HALA will meet all City rules and regulations, and State and federal nondiscrimination laws. X_______________________ Frank Tamborello Executive Director / Hunger Action Los Angeles frank@hungeractionla.org / 213.361.2075 961 S. Mariposa LA, CA 90006 X_______________________ Evelin Tamayo-Hernandez Director of Special Projects / Hunger Action Los Angeles & VenaVer Events evelin@venaver.org / 310.739.4391 961 S. Mariposa LA, CA 90006 X_______________________ Rick Kanter Director / VenaVer Events rick@venaver.org / 425.890.0480 961 S. Mariposa LA, CA 90006 City Council Regular Meeting - Page 158 of 223 MASTER LICENSE AND OPERATING AGREEMENT FOR A FARMERS’ MARKET This Master License and Operating Agreement for a Farmers Market (“Agreement”), executed as of ________ (the “Effective Date”) by and between (“Licensor” or “City of Lynwood”) and Hunger Action Los Angeles, 501©3 (“Licensee”) (each “a Party” and together “the Parties”). R E C I T A L S: A. Licensor desires to secure the services of Licensee for the operation of a certified farmers' market and an adjacent area in which nonagricultural products will be sold (the ”Market”). B. Licensee is willing to operate the Market and perform the obligations of Licensee of the Market on the premises of selected locations. T E R M S: NOW THEREFORE, Licensor and Licensee agree as follows: 1. Scope of License a. Licensor hereby grants to Licensee a license to use those certain areas (the “License Area”) shown outlined on the plan of attached Exhibits for the purpose of operating the Market (subject to the terms and conditions set forth herein) and for no other use or purpose. The License Area may be changed upon amendment of this Agreement, pursuant to Section 6.j. b. Licensee shall have the right to use the License Area on the days and during the hours set forth in Exhibit A of this Agreement, unless extended or terminated per the terms of this Agreement. c. The License Area shall only be used for the purpose of operating the Market. Licensee shall not operate the Market on any other property controlled by Licensor other than the License Area. Licensee’s operations at License Area shall be performed in accordance with attached Exhibit. 2. Responsibilities of Licensee - General a. Licensee shall secure permits, licenses and approvals as needed from the County Agriculture Department and County Environmental Health Department and any other governmental authorities in which License Area is situated as required for the legal operation of the Market. b. Licensee shall recruit and manage state certified agricultural producers to sell within the certified farmers’ market and non-agricultural specialty food producers to sell within the adjacent area of the certified farmers’ market. c. Licensee shall designate at their full discretion, a single onsite market manager for the Market for every day in which the Market is operating to handle all day-to-day Market operations as they pertain to management of producers, load-in and load-out, customer relations, site preparation, collection of fees, and clean up. Licensee shall charge a fee, in an amount at their sole discretion, to each participating agricultural & non-agricultural producer at the end of each market day. City Council Regular Meeting - Page 159 of 223 d. Licensee shall comply with all state and local Agricultural & Health Regulations and serve as the on- going liaison with the County Agriculture Department and County Environmental Health Department in which License Area is situated. e. Licensee agrees it will not use, or permit any person or persons to use, the License Area, or any part thereof, for any other purpose or for any purpose in violation of the laws, ordinances, regulations and requirements of the City and County in which the License Area is situated. g. Licensee shall comply with all Licensor policies applicable to Licensee's activities on Licensor's premises under this Agreement, including without limitation rules concerning leafleting, political activity, and partisan activity. h. Licensee shall ensure that the vendors operating in the License Area refrain from advertising or publicity, whether in print or other media, of products or companies that are other than the products and companies authorized to sell in the License Area (e.g., banners advertising unrelated products or companies are prohibited). i. Licensee assumes all risk for its personal property installed on the License area. Licensee shall make no alterations to the License Area or install any improvements thereon without written permission of Licensor. j. Licensor shall, at its expense, make repairs necessary to maintain the License Area in good repair and working order, in compliance with health, safety, and police regulations, and suitable for operation of the Market, unless such disrepair was caused by act or omission of Licensee. k. The admission of producers to the Market shall be at the sole discretion of the Licensee. l. Site Access. Licensee will comply with all applicable security, access, safety and fire protection regulations, Licensor policies and procedures, and all applicable state and municipal safety regulations, building codes or ordinances while performing the services under this Agreement. m. Licensor will make best efforts to increase marketing through on-site & community signage, updates, & communication, local canvassing, strategic partnerships, & any other identified means of marketing within the City of Lynwood. 3. Selection of Non-Agricultural Producers a. The admission of non-agricultural & agricultural producers to the Market shall be approved by the licensee. b. Licensor has the right to require Licensee to remove a producer from the License Area and to terminate their future participation in the market due to producer misconduct, including a failure of the producer to conduct themselves professionally and to follow Licensor policies, as determined by Licensor. 4. Responsibilities of Licensor a. Licensor shall provide access to an ADA-accessible restroom within 200 feet of the License Area on Thursdays during the Market’s operating hours. In total, restroom(s) must include a minimum of 2 toilets & 2 handwashing sinks. City Council Regular Meeting - Page 160 of 223 b. Licensor shall designate a single point of contact for issues relating to the Market and communicate with the Licensee’s market manager on a regular basis to discuss the progress of the Market. c. Licensor shall advise Licensee thirty (30) days in advance of any activity that may affect the ability of Licensee to utilize the License Area or that may impact the number of consumers in the Market on any day of operation. d. Licensor shall make best efforts to maintain facilities related to operation of the market, including but not limited to maintenance of restrooms & arterial road access for load-in to the market. e. Licensor shall ensure that on every market day, there is access to the License area for vendor loading. 5. Term and Termination: a. The Agreement shall begin upon the Effective Date, unless terminated as provided herein (the “Term”) and continue on a monthly basis. b. Either Party may terminate this Agreement at any time without cause by providing thirty (90) days written notice to the other party. c. This Agreement may be terminated by either Party for breach of contract by sending written notice to the breaching party describing such breach in reasonable detail. If the breach is capable of cure, the breaching party must cure the breach within fifteen (15) days. If the breaching party fails to cure, termination is effective after the fifteen (15) day cure period expires. d. In the event of any failure by Licensee and/or any producer utilizing any portion of the License Area to perform the obligations of, or comply with the requirements of this Agreement, (including, without limitation, the failure of Licensee to prevent any of its producers from interfering with the operation of the property) and if such situation continues for five (5) days after written notice from Licensor specifying such condition, the Licensor may, at its election, terminate this Agreement upon fifteen (15) days written notice to Licensee and immediately upon the end of each fifteen (15) day period remove Licensee’s property and that of anyone claiming through Licensee from the License Area. 6. Additional Considerations a. Licensee covenants with Licensor that Licensor shall not be liable for damage or liability of any kind or for any injury to or death of persons or damage to property of Licensee or any other person, firm or entity, caused by a negligent or reckless act or willful misconduct of the Licensee in connection with the use, occupancy and enjoyment of the License Area by Licensee. Licensor covenants with Licensee that Licensee shall not be liable for damage or liability of any kind or for any injury to or death of persons or damage to property of Licensor or any other person, firm, or entity caused by a negligent or reckless act or willful misconduct of the Licensor in connection with the use, occupancy and enjoyment of the License Area by Licensor b. Licensor further covenants and agrees that it will carry and maintain, during the entire term of this Agreement, Comprehensive General Liability Insurance and property damage insurance insuring License Area against claims for injury to or death of any person or damage to property in connection with the use of the License Area and operation of the Market thereon. City Council Regular Meeting - Page 161 of 223 c. The Parties agree that each Party shall be entitled to injunctive relief to prevent any interference by the other Party in the normal operation of the License Area, and/or to prevent nuisance or waste in the License Area. d. Licensor and Licensee expressly acknowledge and agree that it is the express intent of the parties that this Agreement be construed as a license agreement and as such it conveys no possessory interest, leasehold interest or other interest in any real property, including, without limitation, the License Area. Licensor and Licensee further expressly acknowledge and agree that this license grants to Licensee only permission to use the License Area and such privilege confers no title, interest or estate in the License Area to Licensee. Furthermore, Licensee covenants that it will take no action inconsistent with the foregoing, including but not limited to making any claim that it has any benefits (such as a leasehold estate or interest) arising out of this license other than those specifically set forth herein. e. This Agreement does not constitute a hiring by either Party. It is the Parties' expressed intention that Licensee, its agents, and employees shall be independent contractors to Licensor, and shall not be considered to be an employee of Licensor. The parties hereto are and shall remain independent contractors bound by the provisions of this Agreement. f. Licensee shall have no right to assign or otherwise transfer its interest in this Agreement or enter into any sublease, concession or license of the License Area. g. Licensee shall not cause or allow the generation, treatment, storage, or disposal of Hazardous Substances on or near the License Area. “Hazardous Substances” shall mean (i) any hazardous substance as that term is defined in the Comprehensive Environment Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. 9601 et seq., as amended, (ii) any hazardous waste or hazardous substance as those terms are defined in any local state or Federal law, regulation and ordinance applicable to the License Area, or (iii) petroleum, including crude oil or any fraction thereof. h. Licensee shall not use the Licensor name or logo in any press releases, advertising, or signage without the prior written consent of the licensor, and such consent shall not be unreasonably withheld. i. If either Party brings an action to enforce its rights under this Agreement, the prevailing party may recover its expenses (including reasonable attorneys’ fees) incurred in connection with the action and any appeal from the losing party. j. This Agreement contains the entire agreement between the Parties, and all prior understandings and agreements between the Parties are merged into this Agreement. This Agreement may be changed or modified only by written agreement executed by both Parties. k. Any notices required to be made or given pursuant to this Agreement, shall be effective if made in writing and sent by registered or certified mail, return receipt requested to: Licensor: Address: Attn: Telephone: Fax: E-mail: City Council Regular Meeting - Page 162 of 223 With a copy to: Attn: Evelin Tamayo-Hernandez Address: 961 S. Mariposa Ave, Los Angeles, CA 90006 Telephone: 310-739-4391 / E-mail: evelin@venaver.org n. This Agreement is governed by and construed in accordance with the internal laws of the State of California, without regard to its choice of law principles. o. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, this Agreement has been executed by Licensor and Licensee as of the date first above written. LICENSOR Name:______________________________ By:___________________________________________ Print Name: _____________________________________ Title: _____________________________________ Date: _____________________________________ LICENSEE Hunger Action Los Angeles By: __________________________________________ Print Name: __________________________________ Title: ________________________________________ Date: ________________________________________ City Council Regular Meeting - Page 163 of 223 EXHIBIT A SITE-SPECIFIC TERMS FOR: Licensee: Hunger Action Los Angeles Market Manager: VenaVer Events Telephone Number: 310-739-4391 E-mail: evelin@venaver.org This description of Site-Specific Terms is issued pursuant to the Master License and Operating Agreement between Licensor and Licensee (the “Agreement”). This Site-Specific Terms hereby incorporates all terms and conditions of the Agreement as if fully set forth herein and constitutes a separate and independent agreement between Licensee and the Licensor identified above that has executed this Site-Specific Terms. This Site-Specific Terms is separate and independent from any other terms and shall not affect the validity of any other terms. All undefined terms shall have the meanings set forth in the Agreement. 1. Hours and Season of Operation a. The License Area shall be operated as a certified farmers’ market every Thursday from 10:00am to 3:00pm (“Hours of Operation”). b. The Market will operate weekly, except for those days which coincide with a federally-recognized holiday – or days determined mutually by Licensor & Licensee. c. Licensee will have access to License Area two hours prior and two-hours after on those days the Market is scheduled to operate. 2. License Area The Market shall be operated at 11301 Bullis Rd. Lynwood, CA 90262. 3. Term and Termination This Agreement shall begin on Effective Date. 4. Promotions Licensor may, in its sole discretion, assist with Market promotions. 5. Maintenance of Vendor Booths Licensee shall ensure that the producers operating in the License Area maintain their stands clean and in good repair, e.g., no ripped or dirty table coverings. City Council Regular Meeting - Page 164 of 223 LICENSOR By: ___________________________________________ Print Name: _____________________________________ Title: _____________________________________ Date: _____________________________________ LICENSEE By: __________________________________________ Print Name: _____________________________________ Title: _____________________________________ Date: _____________________________________ ATTACHMENT A Licensee and Licensor in this Attachment A jointly agree that the area designated with the shading () on the diagram below shall represent the License Area for operation of the Market at Licensor’s facility. [Insert Map – next page] City Council Regular Meeting - Page 165 of 223 City Council Regular Meeting - Page 166 of 223 Agenda Item # 16. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Thomas Thornton, Public Works Director Lorry Hempe, Public Works Special Projects Manager SUBJECT: AWARD OF CONTRACT TO LOS ANGELES ENGINEERING, INC. FOR THE LYNWOOD URBAN BIKE TRAIL Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL AWARDING A CONTRACT TO LOS ANGELES ENGINEERING, INC. FOR THE LYNWOOD URBAN BIKE TRAIL PROJECT (CIP NOS. 4011.68.046 AND 4011.68.084) IN THE AMOUNT NOT TO EXCEED $5,340,000; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING AN APPROPRIATION FOR FY22 AND FY23 IN THE AMOUNT OF $2,000,000 FROM PROPOSITION C (FUND 2351) AND $291,156 FROM MEASURE M (FUND 2350) FOR THE URBAN GREENING-BIKE TRAIL (4011.68.046); AND APPROPRIATION OF $497,504 FROM MEASURE M BONDS FOR THE BIKE TRAIL EXTENSION (4011.68.084).” Background: On October 29, 2021, the Public Works Department issued a Notice Inviting Bids for the construction of the Lynwood Urban Bike Trail (CIP NO. 4011.68.046) and Bike Trail Extension (4011.68.084) (Project). On December 14, 2021, the Public Works Department received seven (7) bids. Below are the bids received: Bidder Bid 1 Horizons Construction Company $3,996,760.00 2 Los Angeles Engineering, Inc.$5,340,000.00 3 The Adjul Corporation $5,362,792.50 4 C.S. Legacy Construction, Inc.$6,051,464.30 5 Kazoni, Inc.$6,138,583.24 City Council Regular Meeting - Page 167 of 223 6 Sully-Miller Contracting Company $6,205,584.50 7 SEMA Construction $6,662,758.50 Although, Horizons Construction Company (Horizons) was the lowest bidder at $3,996,760, Horizons withdrew its bid due to a mathematical error within five days from the bid opening. The second lowest and responsible bid came from Los Angeles Engineering, Inc. at $5,340,000. Project Scope The Project consists of construction of HMA bike path, curb and gutters, curb ramps, retaining walls, concrete swales, concrete box culverts, chain link fence, permeable pavers, installation of removable bollards, gates, landscaping, planting of trees,signage, installation of drinking fountains, traffic signage and striping. Project Location Along Caltrans excess land adjacent to I-105 Freeway from Birch Street to Wright Road Discussion and Analysis: The second lowest bidder, Los Angeles Engineering, Inc. demonstrated prior experience with bike trail and streetscape experience. Project Budget and Proposed Budget Amendment This Project’s FY22 Adopted Budget is $4,113,395. The Project’s FY23 Adopted Budget is $788,444.89. The total adopted two-year budget is $4,902,339.89. The Project is funded under two separate Capital Improvement Projects, Urban Greening (4011.68.046) and Bike Trail Extension (4011.68.084). The City received grant funding in the amount of $2,853,000 from the State of California Natural Resources Agency and grant funding in the amount of $841,180 from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) for the extension of the bike trail from Atlantic Avenue to Wright Road. Price Inflation The recommended bid award is 47.1% higher than the engineer’s estimate. Since the Covid-19 pandemic, there’s been on-going industry-wide supply challenges such raw material shortages, labor shortages, freight shortages, landscape materials shortages and price inflation have driven pricing upwards. Fortune Daily magazine reports that since March 2020, steel prices are up a staggering 215%. Copper prices and plastic has increased in prices as well. In addition to supply and demand issues, there has also been shipment problems. Additional funds are needed to complete the Project in the amount of $2,788,660. LMC 6-3.15(d) (Authorization for the City Manager to Exceed the Specific Dollar Amounts) The Lynwood Municipal Code (LMC) Section 6-3.15(a) provides authority to the City Manager to approve in writing any modification involving an addition to, deletion from, or revision in any item in such contract, including, without limitation, plans, specifications and extra work, and change orders relating to the nature or quantity of services, equipment, supplies or work. The City Manager is limited to approve change orders in an amount not to exceed $50,000 or 25% of the original contract price, whichever is lesser. LMC 6-3.15(d), allows the City Council by resolution to authorize the City Manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a). Staff requests for the City Council to authorize the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the approved Project budget. City Council Regular Meeting - Page 168 of 223 Fiscal Impact: The Project funding is split between two Capital Improvement Projects: Urban Greening (4011.68.046) and Bike Trail Extension (4011.68.084) as well as split between two fiscal years This Project is budgeted at $4,113,395 for FY22 and $788,444.89 for FY23. The total combined two-year budget is $4,902,339.89. The recommended bid award is 47.1% higher than the engineer’s estimate. Since the Covid-19 pandemic, there’s been on-going industry-wide supply challenges such raw material shortages, labor shortages, freight shortages, landscape materials shortages and price inflation have driven pricing upwards. Based on the recommended bid award, to move forward with this Project, it is necessary for Council to approve additional appropriation in the amount of $2,788,660 spread over FY22 and FY23. By not approving the additional appropriation, the City will need to request termination of the grant agreements with RMC and CNRA, resulting in foregoing a total grant award of $3,694,180. Staff has made a request to the RMC for consideration for additional funding to complete the Project since the bids were higher than expected. Staff can also approach the CNRA for additional funding. Staff recommends the additional appropriation as follows: APPROPRIATION FY22 (4011.68.046) Fund Dept Div Object Description Amount Budgetary Transfer Out 2351 Prop C ($1,000,000) Budgetary Fund Balance ($1,000,000) Budgetary Transfer In 4011 68 046 To Be Determined Urban Greening- Lynwood Urban Bike Trail $1,000,000 APPROPRIATION FY23 (4011.68.046) Fund Dept Div Object Description Amount Budgetary Transfer Out 2351 Prop C ($1,000,000) 2350 Measure M ($291,156) Budgetary Fund Balance ($1,291,156) Budgetary Transfer In 4011 68 046 To Be Determined Urban Greening- Lynwood Urban Bike Trail $1,291,156 APPROPRIATION FY23 (4011.68.084) Fund Dept Div Object Description Amount Budgetary Transfer Out 2357 Measure M Bonds $497,504.34 Budgetary Fund Balance ($497,504.34) Budgetary Transfer In 4011 68 084 To Be Determined Bike Trail Extension $497,504.34 Pacing of the construction may not match the funding level for FY22 and FY23, staff recommends that the City Council authorize the carryover of unspent funds in FY22 to FY23 to fully fund the project. 5-Year CIP Plan City Council Regular Meeting - Page 169 of 223 The Project is included in the adopted 5-Year CIP Plan. Coordinated With: City Attorney ATTACHMENTS: Description Resolution City Council Regular Meeting - Page 170 of 223 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL AWARDING A CONTRACT TO LOS ANGELES ENGINEERING, INC. FOR THE LYNWOOD URBAN BIKE TRAIL PROJECT (CIP NOS. 4011.68.046 AND 4011.68.084) IN THE AMOUNT NOT TO EXCEED $5,340,000; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING AN APPROPRIATION FOR FY22 AND FY23 IN THE AMOUNT OF $2,000,000 FROM PROPOSITION C (FUND 2351) AND $291,156 FROM MEASURE M (FUND 2350) FOR THE URBAN GREENING-BIKE TRAIL (4011.68.046); AND APPROPRIATION OF $497,504 FROM MEASURE M BONDS FOR THE BIKE TRAIL EXTENSION (4011.68.084) WHEREAS, on October 9, 2021, the Public Works Department issued a Notice Inviting Bids for the construction of the Lynwood Urban Bike Trail and Bike Trail Extension (Project); and WHEREAS, the Project consists of construction of HMA bike path, curb and gutters, curb ramps, retaining walls, concrete swales, concrete box culverts, chain link fence, permeable pavers, installation of removable bollards, gates, landscaping, planting of trees, signage, installation of drinking fountains, traffic signage and striping; and WHEREAS, on December 14, 2021, the Public Works Department received seven (7) bids; and WHEREAS, although, Horizons Construction Company submitted the lowest bid at $3,996,760, it withdrew its bid due to a mathematical error within five days of the bid opening; and WHEREAS, the second lowest and responsible bid is from Los Angeles Engineering, Inc. in the amount of $5,340,000; and WHEREAS, the bid received is 47.1% higher than engineer’s estimate resulting in additional funding needed to complete the Project; and WHEREAS, LMC 6-3.15(d), allows the City Council by resolution to authorize the City Manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves to award a contract to Los Angeles Engineering, Inc. in the amount not to exceed $5,340,000. Section 2. That the City Council authorizes the Mayor to execute a contract with Los Angeles Engineering, Inc. in a form approved by the City Attorney. City Council Regular Meeting - Page 171 of 223 2 Section 3. That the City Council approves the following appropriation for FY22 and FY23: APPROPRIATION FY22 (4011.68.046) Fund Dept Div Object Description Amount Budgetary Transfer Out 2351 Prop C ($1,000,000) Budgetary Fund Balance ($1,000,000) Budgetary Transfer In 4011 68 046 To Be Determined Urban Greening-Lynwood Urban Bike Trail $1,000,000 APPROPRIATION FY23 (4011.68.046) Fund Dept Div Object Description Amount Budgetary Transfer Out 2351 Prop C ($1,000,000) 2350 Measure M ($291,156) Budgetary Fund Balance ($1,291,156) Budgetary Transfer In 4011 68 046 To Be Determined Urban Greening-Lynwood Urban Bike Trail $1,291,156 APPROPRIATION FY23 (4011.68.084) Fund Dept Div Object Description Amount Budgetary Transfer Out 2357 Measure M Bonds $497,504.34 Budgetary Fund Balance ($497,504.34) Budgetary Transfer In 4011 68 084 To Be Determined Bike Trail Extension $497,504.34 Section 4. That the City Council approves the carryover of unspent Project budget from FY22 to FY23 to fully fund the Project. Section 5. That the City Council authorize the City Manager to approve in writing any modification involving an addition to, deletion from, or revision in any item in such contract, including, without limitation, plans, specifications and extra work, and change orders relating to the nature or quantity of services, equipment, supplies or work and that the City Council authorize the City Manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) for these changes. City Council Regular Meeting - Page 172 of 223 3 Section 6. This resolution shall take effect immediately upon its adoption. Section 7. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1st day of February, 2022. ________________________________ Jorge Casanova Mayor ATTEST: __________________________ _________________________________ María Quiñónez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Thomas W. Thornton City Attorney Director of Public Works/City Engineer City Council Regular Meeting - Page 173 of 223 4 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of _______________, ______, and passed by the following vote: AYES: NOES: ABSENT: _________________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 __________ day of ________________, _____. _________________________________ City Clerk, City of Lynwood City of Lynwood City Council Regular Meeting - Page 174 of 223 Agenda Item # 17. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Thomas W. Thornton, Director of Public Works Lorry Hempe, Public Works Special Projects Manager SUBJECT: FINDING OF NON-RESPONSIBITY FOR UNITED CONSTRUCTION AND LANDSCAPE, INC. AND AWARD OF CONTRACT TO CALIFORNIA LANDSCAPE & DESIGN, INC. FOR THE FERNWOOD AVENUE PARK PROJECT Recommendation: Staff recommends that the City Council adopt the attached resolutions entitled: 1) “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING A FINDING OF NON-RESPONSIBILITY FOR UNITED CONSTRUCTION & LANDSCAPE, INC. FOR THE FERNWOOD AVENUE PARK PROJECT –RMC GRANT (CIP 4011.68.037).” 2) “A RESOLUTION OF THE CITY COUNCIL AWARDING A CONTRACT TO CALIFORNIA LANDSCAPE & DESIGN INC. IN THE AMOUNT OF $2,385,294.70 FOR THE FERNWOOD AVENUE PARK PROJECT–RMC GRANT (CIP 4011.68.037); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $359,000 FROM MEASURE R (FUND 2352) AND $333,000 FROM LEASE REVENUE BOND (FUND 9053) FOR THE PROJECT.” Background: On October 12, 2021, the Public Works Department issued a Notice Inviting Bids for the construction of the Fernwood Avenue Park Project -RMC Grant (CIP 4011.68.037). On December 14, 2021, the Public Works Department received nine (9) bids. Below are the bids received: Add Alternate (Perimeter City Council Regular Meeting - Page 175 of 223 Bidder Base Bid Fencing for the Playground) Total Bid (Base Bid + Add Alternate) 1 United Construction & Landscape Inc.$2,250,276.06 $59,031.13 $2,309,307.19 2 California Landscape & Design Inc $2,298,319.70 $86,975.00 $2,385,294.70 3 Golden Sun Enterprice Inc.$2,420,447.00 $76,330.00 $2,496,777.00 4 PUB Construction, Inc. - Line Total $2,514,591.00 $110,800.00 $2,625,391.00 5 316 Engineering & Construction Inc $2,574,164.22 $82,875.00 $2,657,039.22 6 C.S. Legacy Construction, Inc $2,603,459.43 $116,012.80 $2,719,472.23 7 Los Angeles Engineering, Inc $2,685,519.12 $172,095.00 $2,857,614.12 8 KASA Construction, Inc.$3,435,777.55 $74,250.00 $3,510,027.55 9 CEM Construction $3,223,917.80 $92,195.00 $3,316,112.80 United Construction & Landscape, Inc. (United) submitted the lowest bid. After review of the bid submittal, staff met with United on January 25, 2022 to present United an opportunity to provide additional relevant evidence bearing on a determination whether the company has the relevant experience to be considered a responsible bidder under California Public Contract Code 1103. After the meeting, staff determined that United does not have the necessary experience to adequately peform the concrete finishing tasks. Staff recommends that the City Council award the contract to the second lowest bidder, California Landscape & Design, Co. at a bid of $2,385,294.70. Project Scope The project consists of the renovation of vacant land into public city park, including walking trail, pedestrian bridge, new landscaping, seating areas, public right away improvements and custom playground to decrease impermeable surfaces and runoff, and enhance opportunities for stormwater infiltration management. The Project will include educational component on water saving techniques as well as stormwater runoff reduction. Project also include off-site improvements. Project Limit Vacant land along south of Fernwood Avenue from Beechwood Avenue and State Street. Discussion and Analysis: Finding of Non-Responsibilty On Public Works projects the City awards bids to the lowest and responsible bid. City staff was concerned that United as the lowest bidder did not provide the necessary experience to adequately perform the concrete finishing tasks included in the specifications. Staff met with United to give them an opportunity to provide additional relevant experience to be considered a responsible bidder. After meeting with United on January 25, staff is still concerned with United’s ability to peform the installation of certain concrete finishes. On that basis, staff recommends that the City Council make a finding of non-responsibility. Awarding the the Second Lower Bidder The second lowest bidder, California Landscape & Design has listed a subcontractor who can adequately peform specialty concrete. Staff recommends that the City Council awards to contract to California Landscape and Design. Project Budget and Proposed Budget Amendment City Council Regular Meeting - Page 176 of 223 This Project’s FY22 budget is $3,033,816. The City received funding in the amount of $1,650,752.55 from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) for the Fernwood Avenue Development and Water Quality Improvement Project (Fernwood Avenue Park). The grant funds funded majority of the design cost at $98,178. The remaining grant funds will go towards construction cost. Additional funds are needed to complete the Project in the amount of $692,000. The bid was 36% higher than the Engineer’s Estimate. Since the Covid-19 pandemic, there’s been on-going industry-wide supply challenges such raw material shortages, labor shortages, freight shortages, landscape materials shortages and price inflation have driven pricing upwards. Fortune Daily magazine reports that since March 2020, steel prices are up a staggering 215%. Copper prices and plastic has increased in prices as well. In addition to supply and demand issues, theres also been shipment problems. LMC 6-3.15(d) (Authorization for the City Manager to Exceed the Specific Dollar Amounts) The Lynwood Municipal Code (LMC) Section 6-3.15(a) provides authority to the City Manager to approve in writing any modification involving an addition to, deletion from, or revision in any item in such contract, including, without limitation, plans, specifications and extra work, and change orders relating to the nature or quantity of services, equipment, supplies or work. The City Manager is limited to approve change orders in an amount not to exceed $50,000 or 25% of the original contract price, whichever is lesser. LMC 6-3.15(d), allows the City Council by resolution to authorize the City Manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a). Staff requests for the City Council to authorize the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the approved Project budget. Fiscal Impact: Pricing Increase This project is budgeted at $3,033,816 for construction in FY22. To move forward with this project, it is necessary for Council to approve additional appropriation. The bid was 36% higher than the Engineer’s Estimate. Since the Covid-19 pandemic, there’s been on-going industry-wide supply challenges such raw material shortages, labor shortages, freight shortages, landscape materials shortages and price inflation have driven pricing upwards. Fortune Daily magazine reports that since March 2020, steel prices are up a staggering 215%. Copper prices and plastic has increased in prices as well. In addition to supply and demand issues, theres also been shipment problems. Add Services-Perimeter Fencing Around the Playground Staf also recommends that the perimeter fencing at the playground be included in the construction at an estimate cost of $125,244 (soft cost and construction cost) to provide safety for the users due the proximity of the playground to Fernwood Avenue. Additional Funding Request The Project’s adopted budget of $3,033,816 includes funding from the Water Fund, RMC Grant, General Fund, Lease Revenue Bond, Measure R Fund and Safe Clean Water Fund. Other than the General Fund, the use of these funds are restricted. Below is additional budget request using Measure R Fund: APPROPRIATION Fund Dept Div Object Description Amount Budgetary Transfer Out 2352 Measure R $359,000 9053 Lease Revenue Bond $333,000 Budgetary Fund Balance ($692,000) City Council Regular Meeting - Page 177 of 223 Budgetary Transfer In 4011 68 037 To Be Determined RMC Grant (Fernwood Avenue Park) $692,000 Use of Measure R Funds In April 2021, staff shared a rendering of the Project to Metro to obtain approval of the use of Mesure R funds for the Project. Staff received approval from Metro on the use of Measure R Funds for the cost of the pedestrail trail on the park as well as installation of curbs and improvement of pavement on Fernwood Avenue. Staff also received approval from Metro on the increase of the use of Meaure R funds as recommended under this staff report. 5-Year CIP Plan The Fernwood Avenue Park is included in the adopted 5-Year CIP Plan. Coordinated With: City Attorney’s Office Finance Department ATTACHMENTS: Description Resolution - Finding of Non-Responsibility Resolution - Award of Contract City Council Regular Meeting - Page 178 of 223 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING A FINDING OF NON-RESPONSIBILITY FOR UNITED CONSTRUCTION & LANDSCAPE, INC. FOR THE FERNWOOD AVENUE PARK PROJECT –RMC GRANT (CIP 4011.68.037) WHEREAS, on October 12, 2021, the Public Works Department issued a Notice Inviting Bids for the construction of the Fernwood Avenue Park Project -RMC Grant (Project); and WHEREAS, the Project consists of the renovation of vacant land into public city park, including walking trail, pedestrian bridge, new landscaping, seating areas, public right away improvements and custom playground to decrease impermeable surfaces and runoff, and enhance opportunities for stormwater infiltration management. The Project will also include an educational component regarding water saving techniques as well as stormwater runoff reduction. The Project will also include off-site improvements; and WHEREAS, on December 14, 2021, the Public Works Department received nine (9) bids; and WHEREAS, United Construction & Landscape, Inc. (United) submitted the lowest bid; and WHEREAS, a meeting was held on January 25, 2022 with United Construction & Landscape, Inc. to give the bidder an opportunity to provide additional relevant evidence bearing on a determination whether the company has the relevant experience to be considered a responsible bidder under California Public Contract Code 1103; and WHEREAS, staff has determined that United Construction & Landscape, Inc. do not have the relevant experience to be considered a responsible bidder under California Public Contract Code 1103 based on staff’s concern that the company will not be able to adequately perform the concrete finishing tasks included in the specifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council received a recommendation from the Director of Public Works that United Construction & Landscape, Inc. do not have the relevant experience to be considered a responsible bidder under California Public Contract Code 1103 because the company will not be able to adequately perform the concrete finishing tasks included in the specifications Section 2. That the City Council makes a finding of non-responsibility for United Construction & Landscape, Inc. for the Fernwood Avenue Park Project-RMC Grant (CIP 4011.68.037). City Council Regular Meeting - Page 179 of 223 2 Section 3. This resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1st day of February, 2022. ________________________________ Jorge Casanova, Mayor ATTEST: __________________________ _________________________________ María Quiñónez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Thomas W. Thornton City Attorney Director of Public Works/City Engineer City Council Regular Meeting - Page 180 of 223 3 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of _______________, ______, and passed by the following vote: AYES: NOES: ABSENT: _________________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 __________ day of ________________, _____. _________________________________ City Clerk, City of Lynwood City of Lynwood City Council Regular Meeting - Page 181 of 223 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL AWARDING A CONTRACT TO CALIFORNIA LANDSCAPE & DESIGN INC. IN THE AMOUNT OF $2,385,294.70 FOR THE FERNWOOD AVENUE PARK PROJECT–RMC GRANT (CIP 4011.68.037); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $359,000 FROM MEASURE R (FUND 2352) AND $333,000 FROM LEASE REVENUE BOND (FUND 9053) FOR THE PROJECT WHEREAS, on October 12, 2021, the Public Works Department issued a Notice Inviting Bids for the construction of the Fernwood Avenue Park Project -RMC Grant (Project); and WHEREAS, the Project consists of the renovation of vacant land into public city park, including walking trail, pedestrian bridge, new landscaping, seating areas, public right away improvements and custom playground to decrease impermeable surfaces and runoff, and enhance opportunities for stormwater infiltration management; will include educational component on water saving techniques as well as stormwater runoff reduction. Project also include off-site improvements; and WHEREAS, on December 14, 2021, the Public Works Department received nine (9) bids; and WHEREAS, United Construction & Landscape, Inc. (United) submitted the lowest bid and was found to be a non-responsible bidder; and WHEREAS, California Landscape &Design Inc., being the second lowest bidder, was found to be a responsible bidder; and WHEREAS, additional funding is needed to complete the Project; and WHEREAS, LMC 6-3.15(d), allows the City Council by resolution to authorize the City Manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves to award a contract to California Landscape & Design, Inc. in the amount not to exceed $2,385,294.70. Section 2. That the City Council authorizes the Mayor to execute a contract with California Landscape & Design in a form approved by the City Attorney. Section 3. That the City Council approves the following appropriation: City Council Regular Meeting - Page 182 of 223 2 APPROPRIATION Fund Dept Div Object Description Amount Budgetary Transfer Out 2352 Measure R $359,000 9053 Lease Revenue Bond $333,000 Budgetary Fund Balance ($692,000) Budgetary Transfer In 4011 68 037 To Be Determined RMC Grant (Fernwood Avenue Park) $692,000 Section 4. That the City Council authorize the City Manager to approve in writing any modification involving an addition to, deletion from, or revision in any item in such contract, including, without limitation, plans, specifications and extra work, and change orders relating to the nature or quantity of services, equipment, supplies or work and that the City Council authorize the City Manager to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) for these changes. Section 5. This resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 1st day of February, 2022. ________________________________ Jorge Casanova, Mayor ATTEST: __________________________ _________________________________ María Quiñónez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ ______________________________ Noel Tapia Thomas W. Thornton City Council Regular Meeting - Page 183 of 223 3 City Attorney Director of Public Works/City Engineer City Council Regular Meeting - Page 184 of 223 4 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of _______________, ______, and passed by the following vote: AYES: NOES: ABSENT: _________________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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 __________ day of ________________, _____. _________________________________ City Clerk, City of Lynwood City of Lynwood City Council Regular Meeting - Page 185 of 223 Agenda Item # 18. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Thomas Thornton, Director of Public Works Lorry Hempe, Public Works Special Projects Manager SUBJECT: PROPOSED ORDINANCE ON THE MANDATORY ORGANIC WASTE DISPOSAL REDUCTION Recommendation: Staff recommends that as required by State law the City Council introduce for the first reading, read by title only and waive further reading, the attached ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ADDING SECTION 9- 7 "MANDATORY ORGANIC WASTE DISPOSAL REDUCTION" TO THE LYNWOOD MUNICIPAL CODE.” Background: In October 2014, AB 1826 Chesbro (Chapter 727, Statutes of 2014) was signed into law, requiring businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week. This law also requires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units. At the time, multifamily dwellings were not required to have a food waste diversion program. Organic waste, for the purposes of AB 1826, means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. To comply with SB 1826, the City offered organics recycling to commercial entities to be provided by WRI, the City’s franchise hauler. In September 2016, the State set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must: Reduce organic waste disposal 50% by 2020 and 75% by 2025. Rescue for people to eat at least 20% of currently disposed surplus food by 2025. SB 1383 requires jurisdictions to: Provide organic waste collection to all residents and businesses. Organic waste means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not City Council Regular Meeting - Page 186 of 223 limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges. Establish an edible food recovery program that recovers edible food from the waste stream. Conduct outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and city/county departments. Procure annually a quantity of recovered organic waste products, like compost, mulch and renewable natural gas to meet their annual procurement target. Coordinate with the County to estimate existing, new and/or expanded capacity for recycling organic waste and for edible food recovery for recycling organic waste and for edible food recovery. Inspect and enforce compliance with SB 1383. Cities and counties to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. Maintain accurate and timely records of SB 1383 compliance. In August 2021, the City Council adopted not to exceed solid waste collection rates to include collection of organic waste from residential and commercial entities. Discussion and Analysis: SB 1383 requires cities to provide mandatory organics collection services to all residents and businesses; conduct education and outreach to the community; procure recycled organics products; establish food recovery programs; secure access to recycling and food recovery capacity and monitor compliance and conduct enforcement. One of the requirement under SB 1383, is for cities and counties to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. Proposed Ordinance Based on CalRecycle’s Model Ordinance The California Department of Resources Recycling and Recovery (CalRecycle) oversees a variety of programs and policy initiatives to reduce the amount of solid waste sent to landfills and promote recycling in California, including organic waste recycling under SB 1383. To support jurisdictions and other regulated entities with implementing programs and policies to reach compliance with SB 1383 regulations, CalRecycle provided cities with a Model Mandatory Organic Waste Disposal Reduction Ordinance (Model Ordinance). The proposed Ordinance recommended for first reading is based on CalRecycle’s Model Ordinance. The proposed Ordinance includes and addresses the SB 1383 regulatory requirements that jurisdictions need to enforce on other entities, including requirements for generators to participate in organic waste collection programs or self-haul organic waste to processing; multi-family and business owners and property managers to support organic waste disposal reduction; commercial edible food generators to recover edible food through contracts or written agreements with food recovery organizations and services; and more. The proposed ordinance enables the City to require and enforce provisions that SB 1383 regulations require jurisdictions to require and enforce. It does not include the requirements on the jurisdiction itself, which CalRecycle will be enforcing on the jurisdiction, including recordkeeping, contamination monitoring, recovered organic waste product procurement target attainment, and outreach and education. Penalties for Noncompliance Each jurisdiction is accountable for generators’ compliance and CalRecycle may fine or penalize the jurisdiction for non-compliant programs beginning in 2022. City Council Regular Meeting - Page 187 of 223 Senate Bill 619 authorizes a jurisdiction facing continuing violations that commenced during the 2022 calendar year to submit a Notification of Intent (NOIC) to Comply (NOIC) and a resolution to CalRecycle no later than March 1, 2022. SB 619 authorizes CalRecycle to issue a Corrective Action Plan for any jurisdiction with an approved NOIC even if the jurisdiction has not provided sufficient funding, provided adequate staff, or adopted an enforcement ordinance. CEQA Staff finds and determines that this ordinance is exempt from the California Environmental Act (CEQA) under the State CEQA Guidelines §15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this ordinance to have a significant effect on the environment and independently exempt from the CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is not possibility the adoption of this Ordinance will have a significant effect on the environment. This Ordinance will have a positive effect on the environment by increasing recover of edible food, reducing pollutants disposed of in the landfills, and reducing greenhouse gas emissions. Fiscal Impact: There are no direct costs to the adoption of the proposed ordinance. The costs to implement organics collection has been included in the commercial and residential waste collection and recycling rates approved by the City Council. There will be costs associated with recordkeeping, contamination monitoring, recovered organic waste product procurement target attainment, enforcement and outreach and education. Staff will bring back to the City Council other costs associated with full compliance with SB 1383 at a later date. Coordinated With: City Attorney ATTACHMENTS: Description Ordinance-Mandatory Organic Waste Disposal City Council Regular Meeting - Page 188 of 223 ORDINANCE___________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ADDING SECTION 9-7 “MANDATORY ORGANIC WASTE DISPOSAL REDUCTION” TO THE LYNWOOD MUNICIPAL CODE RECITALS WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires jurisdictions to implement a Mandatory Commercial Recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires jurisdictions to implement a Mandatory Commercial Organics Recycling program; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food City Council Regular Meeting - Page 189 of 223 Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets; and WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This Ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Lynwood hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance. Section 2. Lynwood Municipal Code Section 9-7, entitled Mandatory Organic Waste Disposal Reduction, is hereby added as follows: MUNICIPAL CODE SETION 9-7 MANDATORY ORGANIC WASTE DISPOSAL REDUCTION 9-7.1 Purpose and Findings (a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. (b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified City Council Regular Meeting - Page 190 of 223 threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program. (c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to to implement a Mandatory Commercial Organics Recycling program. (d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets. (e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (f) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. 9-7.2 Definitions Blue Container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container or Blue Lid Container Organic Waste. City Council Regular Meeting - Page 191 of 223 Brown Container has the same meaning as in 14 CCR Section 18982.2(s)(5.5) and shall be used for the purpose of storage and collection of Source Separated Food Waste. CalRecycle means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions (and others). California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this Ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR). City shall mean City of Lynwood City Enforcement Official means the City Manager or his/her designee(s) in charge who is/are partially or wholly responsible for enforcing the Ordinance. Commercial Business or Commercial means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than four (4) units is not a Commercial Business for purposes of implementing this Ordinance. Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in this section or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). Compliance Review means a review of records by a city to determine compliance with this Ordinance. Community Composting means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Ordinance, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. City Council Regular Meeting - Page 192 of 223 Compostable Plastics or Compostable Plastic means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). Container Contamination or Contaminated Container means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). C&D means construction and demolition debris. Designee means an entity that City contracts with or otherwise arranges to carry out any of the City’s responsibilities of this Ordinance as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities. Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in this Ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. Enforcement Action means an action of the City to address non-compliance with this Ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. Excluded Waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in jurisdictions, or its Designee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi- Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Food Distributor means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). Food Facility has the same meaning as in Section 113789 of the Health and Safety Code. City Council Regular Meeting - Page 193 of 223 Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). Food Recovery Organization means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: 1. A food bank as defined in Section 113783 of the Health and Safety Code; 2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, 3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Ordinance. Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). Food Scraps mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps or when raw meat, poultry, or fish are generated at commercial food facilities that need to comply with CDFA Title 3, California Code of Regulations, Section 1180.48. Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). Food-Soiled Paper is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food Waste means food scraps and food soiled paper. City Council Regular Meeting - Page 194 of 223 Gray Container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. Gray Container Waste means Solid Waste that is collected in a Gray Container or Gray Lid that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Green Container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container or Green Lid Container Organic Waste. Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). Hauler Route means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). High Diversion Organic Waste Processing Facility means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). Inspection means a site visit where the City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this Ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Ordinance. Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately City Council Regular Meeting - Page 195 of 223 owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Ordinance. Local Education Agency means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). Multi-Family Residential Dwelling or Multi-Family means of, from, or pertaining to residential premises with four (4) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7. Non-Compostable Paper includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process or multi-layered items of which one or more layer is not compostable, or as otherwise defined in 14 CCR Section 18982(a)(41). Non-Local Entity means the following entities that are not subject to the City’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42): 1. Special district(s) located within the boundaries of the City. 2. Federal facilities, including military installations, located within the boundaries of the City. 3. Prison(s) located within the boundaries of the City. 4. Facilities operated by the State park system located within the boundaries of the City 5. Public universities (including community colleges) located within the boundaries of the City. 6. State agencies located within the boundaries of the City. Non-Organic Recyclables means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). City Council Regular Meeting - Page 196 of 223 Notice of Violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. Organic Waste means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Organic Waste Generator means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). Prohibited Container Contaminants means the following : (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container Organic Waste for the City’s Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. Recovered Organic Waste Products means products made from California, landfill- diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). Recycled-Content Paper means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). Regional Agency means regional agency as defined in Public Resources Code Section 40181. City Council Regular Meeting - Page 197 of 223 Remote Monitoring means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of Blue Containers, Green Containers, and Gray Containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants. Renewable Gas means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62). Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). Route Review means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the purposes of this Ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. Self-Hauler means a person, who hauls Solid Waste, Organic Waste or recyclable material he or she has generated to another person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back- haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Single-Family means of, from, or pertaining to any residential premises with fewer than four (4) units. Solid Waste has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and City Council Regular Meeting - Page 198 of 223 semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes: 1. Hazardous waste, as defined in the State Public Resources Code Section 40141. 2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code). 3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. Source Separated means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. Source Separated Blue Container Organic Waste means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). Source Separated Green Container Organic Waste means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables and Source Separated Blue Container Organic Waste. State means the State of California. Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). City Council Regular Meeting - Page 199 of 223 Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following: 1. Supermarket. 2. Grocery Store with a total facility size equal to or greater than 10,000 square feet. 3. Food Service Provider. 4. Food Distributor. 5. Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Ordinance. Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following: 1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. 2. Hotel with an on-site Food Facility and 200 or more rooms. 3. Health facility with an on-site Food Facility and 100 or more beds. 4. Large Venue. 5. Large Event. 6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. 7. A Local Education Agency facility with an on-site Food Facility. If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Ordinance. Wholesale Food Vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). City Council Regular Meeting - Page 200 of 223 9-7.3 Requirements for Single–Family Generators Single-Family Organic Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 9- 7.9 of this Ordinance: (a) Shall to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 9-7.3(b). City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the City. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (b) Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. 1. A three- and three-plus-container collection service (Blue Container, Green Container, and Gray Container) (A) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. 9-7.4 Requirements for Commercial Businesses Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall: (a) Subscribe to City’s three container collection services and comply with requirements of those services as described below in Section 9-7.4(b), except Commercial Businesses that meet the Self-Hauler requirements in Section 9-7.9 of this Ordinance. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City. (b) Except Commercial Businesses that meet the Self-Hauler requirements in Section 9-7.8 of this Ordinance, participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below. City Council Regular Meeting - Page 201 of 223 1. A three- and three-plus-container collection service (Blue Containers, Green Container, and Gray Container) (A) Generator shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container or Blue Container. (c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 9-7.4(d)1 and 9- 7.4(d)2 below) for employees, contractors, tenants, and customers, consistent with City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 9-7.9. (d) Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: 1. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. 2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (e) Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 9-7.4(d) pursuant to 14 CCR Section 18984.9(b). City Council Regular Meeting - Page 202 of 223 (f) To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 9-7.9. (g) Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (h) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. (i) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. (j) Provide or arrange access for City or its agent to their properties during all Inspections conducted in accordance with Section 9-7.13 of this Ordinance to confirm compliance with the requirements of this Ordinance. (k) Accommodate and cooperate with City’s Remote Monitoring program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented at a later date, to evaluate generator’s compliance with Section 9- 7.4(b). The Remote Monitoring program shall involve installation of Remote Monitoring equipment on or in the Blue Containers, Green Containers, and Gray Containers. (l) At Commercial Business’s option and subject to any approval required from the City, implement a Remote Monitoring program for Inspection of the contents of its Blue Containers, Green Containers, and Gray Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants. Generators may install Remote Monitoring devices on or in the Blue Containers, Green Containers, and Gray Containers subject to written notification to or approval by the City or its Designee. (m) If a Commercial Business wants to self-haul, meet the Self-Hauler requirements in Section 9-7.9 of this Ordinance. City Council Regular Meeting - Page 203 of 223 (n) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c). (o) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 9-7.6. 9-7.5 Waivers for Generators (a) De Minimis Waivers: City may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this Ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 9-7.5(a)2 below. Commercial Businesses requesting a de minimis waiver shall: 1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 9-7.5(a)2 below. 2. Provide documentation that either: (A) The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, (B) The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste. (C) Notify City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded. (D) Provide written verification of eligibility for de minimis waiver every 5 years, if City has approved de minimis waiver. (b) Physical Space Waivers City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection City Council Regular Meeting - Page 204 of 223 containers required for compliance with the Organic Waste collection requirements of Section 9-7.4. A Commercial Business or property owner may request a physical space waiver through the following process: 1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. 2. Provide documentation confirming the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer. 3. Provide written verification to City that it is still eligible for physical space waiver every five years, if City has approved application for a physical space waiver. 9-7.6 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 9-7.6 commencing April 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024. (c) Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. 2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. 3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. City Council Regular Meeting - Page 205 of 223 4. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. 5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (A) A list of each Food Recover Service organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization. ii. The types of food will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that food will be collected or self- hauled. iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. 6. No later than June 30th of each year commencing no later than July 1, 2023 for Tier One Commercial Edible Food Generators and July 1, 2024 for Tier Two Commercial Edible Food Generators, provide an annual Food Recovery report to the City that includes the information listed under Section 9-7.6 5. (d) Nothing in this Ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend City Council Regular Meeting - Page 206 of 223 Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). 9-7.7 Requirements for Food Recovery Organizations and Services (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. 3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services shall inform generators about California and Federal Good Samaritan Food Donation Act protection City Council Regular Meeting - Page 207 of 223 in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b). (d) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than July 1, 2023. (e) Food Recovery Capacity Planning 1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City. 9-7.8 Requirements for Haulers and Facility Operators (a) Requirements for Haulers 1. Exclusive Franchise Hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste: (A) Through written notice to the City annually on or before June 30, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, and Source Separated Green Container Organic Waste. (B) Transport Source Separated Recyclable Materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. City Council Regular Meeting - Page 208 of 223 (C) Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 9-7.10 of this Ordinance, and City’s C&D Ordinance. 2. Exclusive Franchise Hauler authorization to collect Organic Waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into with City. (b) Requirements for Facility Operators and Community Composting Operations 1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days. 2. Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days. 9-7.9 Self-Hauler Requirements (a) Self-Haulers shall source separate all recyclable materials and Organic Waste (materials that City otherwise requires generators to separate for collection in the City’s organics and recycling collection program) generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid City Council Regular Meeting - Page 209 of 223 Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information: 1. Delivery receipts and weight tickets from the entity accepting the waste. 2. The amount of material in cubic yards or tons transported by the generator to each entity. 3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. (d) If allowed by City, Celf-Haulers that are Commercial Businesses (including Multi- Family Self-Haulers) shall provide information collected in Section 9-7.9(c) to City if requested. (e) A residential Organic Waste Generator that Self Hauls Organic Waste is not required to record or report information in section 9-7.9(c) and 9-7.9(d). 9-7.10 Compliance with CALGreen Recycling Requirements (a) Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the City. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply. Project applicants shall refer to City’s building and/or planning code for complete CALGreen requirements. (b) For projects covered by CALGreen or more stringent requirements of the City, the applicants must, as a condition of the City’s permit approval, comply with the following: 1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, City Council Regular Meeting - Page 210 of 223 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. 2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020. 3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with City’s C&D Ordinance, section 9-6 of City’s Municipal Code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. 9-7.11 Model Water Efficient Landscaping Ordinance Requirements (a) Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single-Family, Multi-Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 14. (b) The following Compost and mulch use requirements that are part of the MWELO are now also included as requirements of this Ordinance. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7. (c) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 9-7.11(a) above shall: 1. Comply with Sections 492.6 (a)(3)(B)(C),(D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following: (A) For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be City Council Regular Meeting - Page 211 of 223 incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. (B) For landscape installations, a minimum three- (3-) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (C) Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances. 2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 9- 7.11(a) shall consult the full MWELO for all requirements. (d) If, after the adoption of this Ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that requires cities to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced. 9-7.12 Procurement Requirements for City Departments, Direct Service Providers, and Vendors (a) City departments, and direct service providers to the City, as applicable, must comply with the City’s Recovered Organic Waste Product procurement policy and Recycled-Content Paper procurement policy. (b) All vendors providing Paper Products and Printing and Writing Paper shall: City Council Regular Meeting - Page 212 of 223 1. If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items. 2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12. 3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. 4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). 5. Provide records to the City’s Recovered Organic Waste Product procurement recordkeeping Designee, in accordance with the City’s Recycled- Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within sixty (60) days of the purchase (both recycled- content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 9-7.12(b)3 and 9-7.12(b)4 of this Ordinance for recycled- content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided. 9-7.13 Inspections and Investigations by City (a) City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility City Council Regular Meeting - Page 213 of 223 for materials collected from generators, or Source Separated materials to confirm compliance with this Ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection. For the purposes of inspecting Commercial Business containers for compliance with Section 9-7.4(b) of this Ordinance, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with Remote Monitoring pursuant to Section 9-7.4(k) of this Ordinance. (b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) installation and operation of a Remote Monitoring equipment, or (iii) access to records for any Inspection or investigation is a violation of this Ordinance and may result in penalties described. (c) Any records obtained by the City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Ordinance, subject to applicable laws. (e) City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. 9-7.14 Enforcement (a) Violation of any provision of this Ordinance shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement Actions under this Ordinance are issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Ordinance and any rule or regulation adopted pursuant to this Ordinance, except as otherwise indicated in this Ordinance. City Council Regular Meeting - Page 214 of 223 (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources. (c) Responsible Entity for Enforcement 1. Enforcement pursuant to this Ordinance may be undertaken by the City Enforcement Official, which may be the City Manager, Public Works Director or their Designee, legal counsel, or combination thereof. 2. Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the city, in consultation with City Enforcement Official. (A) City Enforcement Official(s) (and Regional or County Agency Enforcement Official(s) will interpret ordinance; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) City Enforcement Official(s) (and Regional or County Agency Enforcement Official(s) may issue Notices of Violation(s). (d) Process for Enforcement 1. City Enforcement Officials or Regional or County Enforcement Officials and/or their Designee will monitor compliance with this Ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program (that may include Remote Monitoring). Section 9-7.14 establishes City’s right to conduct Inspections and investigations. 2. City may issue an official notification to notify regulated entities of its obligations under the Ordinance. 3. For incidences of Prohibited Container Contaminants found in containers, City will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within 14 days after determining that a violation has occurred. If the City or the City’s franchise hauler observes Prohibited Container Contaminants in a generator’s containers on three (3) occasion(s) within a year, City Council Regular Meeting - Page 215 of 223 the City may assess contamination processing fees or contamination penalties on the generator. This assessment of contamination processing fees or contamination penalties on the generator may be assessed multiple times within a year if the City observes Prohibited Container Contaminants exceeding three (3) occasion(s) within a year. (A) In addition to 9-7.14d3, City or its designee may implement a service rate structure a Contamination service charge for customers committing incidents of Prohibited Container Contaminants. City or its designee shall provide such customers with written notice and/or cart tags, or such other procedures required under any contract, agreement, or similar contractual authorization between the City and its designee, prior to levying any Contamination service charge. The foregoing Contamination service charge shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a Contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the City and its designee assigned to collect Recyclable and Organic Waste. 4. With the exception of violations of generator contamination of container contents addressed under Section 9-7.14(d)3, City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. 5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an action to impose penalties, via an administrative citation and fine. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information. (e) Penalty Amounts for Types of Violations The penalty levels are as follows: 1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation. 2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation. City Council Regular Meeting - Page 216 of 223 3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation. (f) Factors Considered in Determining Penalty Amount 1. The nature, circumstances, and severity of the violation(s). 2. The violator’s ability to pay. 3. The willfulness of the violator's misconduct. 4. Whether the violator took measures to avoid or mitigate violations of this chapter. 5. Evidence of any economic benefit resulting from the violation(s). 6. The deterrent effect of the penalty on the violator. 7. Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 9-7.14 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: 1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; 2. Delays in obtaining discretionary permits or other government agency approvals; or, 3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (h) Appeals Process Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in Chapter 20 of the City’s Municipal Code for appeals of administrative City Council Regular Meeting - Page 217 of 223 citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance City will conduct Inspections, Remote Monitoring, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Ordinance and a notice that compliance is required by the date established by City, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 9-7.14, as needed. (k) Enforcement Table City Council Regular Meeting - Page 218 of 223 Table 1. List of Violations Requirement Description of Violation Commercial Businesses, Section 9-7.4 Commercial Business fails to provide or arrange for Organic Waste collection services consistent with Jurisdiction requirements and as outlined in this Ordinance, for employees, contractors, tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of containers and sufficient signage and container color. Organic Waste Generator Requirement, Section 9- 7.3 and Section 9-7.4 Organic Waste Generator fails to comply with requirements adopted pursuant to this Ordinance for the collection and Recovery of Organic Waste. Commercial Edible Food Generators, Section 9-7.6 Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2022. Commercial Edible Food Generators, Section 9-7.6 Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food Recovery Service and comply with this Section commencing Jan. 1, 2024. Organic Waste Generator Requirement, Section 9- 7.3 and Section 9-7.4 Commercial Edible Food Generators, Section 9-7.6 Food Recovery Organizations and Services, Section 9-7.7 Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation. Commercial Edible Food Generators, Section 9-7.6 Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 9. Food Recovery Organizations and Services, Section 9-7.7 A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial City Council Regular Meeting - Page 219 of 223 Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by Section 10. Hauler Requirement Section, section 9-7.8 A hauler providing residential, Commercial or Industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this Ordinance. Hauler Requirement section 9-7.8 A hauler providing residential, Commercial, or industrial Organic Waste collection service fails to obtain applicable approval issued by the City to haul Organic Waste as prescribed by this Ordinance. Hauler Requirement section 9-7.8 A hauler fails to keep a record of the applicable documentation of its approval by the City, as prescribed by this Ordinance. Self-Hauler Requirement section 9-7.8 A generator who is a Self-Hauler fails to comply with the requirements of 14 CCR Section 18988.3(b). 9-7.15 Effective Date This Ordinance shall be effective on April 1, 2022. Section 3. Environmental Review. This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the “CEQA Guidelines.”). The City Council finds and determines that this Ordinance is exempt pursuant to CEQA Guidelines §15308, Class 8 of the CEQA Guidelines as an action that will not have a significant impact on the environment and as an action taken by a regulatory agency for the protection of the environment, specifically, for the protection of the climate. There are no unusual circumstances that would cause this Ordinance to have a significant effect on the environment and independently exempt from the CEQA Guidelines §15061(b)(3) because it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment. This Ordinance will have a positive effect on the environment by increasing recover of edible food, reducing pollutants disposed of in the landfills, and reducing greenhouse gas emissions. In addition, the repeal is exempt under CEQA Guidelines Section 15308, as the adoption of this Ordinance is mandated by a regulatory agency authorized by state law for the protection of the environment. City Council Regular Meeting - Page 220 of 223 Section 4. Severability. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Lynwood hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 6. Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Councilmembers voting for and against the Ordinance. PASSED, APPROVED AND ADOPTED this ______ day of ___________ 2022. ________________________________ Jorge Casanova Mayor ATTEST: __________________________ _________________________________ María Quiñónez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: __________________________ _________________________________ Noel Tapia Thomas W. Thornton City Attorney Public Works Director City Council Regular Meeting - Page 221 of 223 City Council Regular Meeting - Page 222 of 223 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of _______________, ______, and passed by the following vote: AYES: NOES: ABSENT: _________________________________ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Ordinance No. __________ on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this __________ day of ________________, _____. _________________________________ City Clerk, City of Lynwood City Council Regular Meeting - Page 223 of 223 This 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 Lynwood Public Financing Authority TO BE HELD ON February 1, 2022 COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238 Duly Posted on 1/27/22 By MQ 6:00 PM 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY SECRETARY 3.ROLL CALL OF MEMBERS Jorge Casanova, President Jose Luis Solache, Vice President Oscar Flores, Member Marisela Santana, Member Rita Soto, Member 4.GOVERNMENT CODE SECTION 54954.3 Members of the City Council are also members of Lynwood Public Financing Authority, which is concurrently convening with the City Council this evening and each Council Member is paid an Additional Stipend of $100 for Attending the Lynwood Public Financing Authority Meeting. Further, the Authority is scheduled to meet four (4) timer per year. If additional meetings are required beyond the scheduled four (4) meetings, the City Council will only get paid for the first four(4) meetings. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON-AGENDA PUBLIC ORAL COMMUNICATIONS Lynwood Public Financing Authority - Page 1 of 25 THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE LYNWOOD PUBLIC FINANCING AUTHORITY ON ITEMS WITHIN THE JURISDICTION OF THE LYNWOOD PUBLIC FINANCING AUTHORITY AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY LYNWOOD PUBLIC FINANCING AUTHORITY, BUT LYNWOOD PUBLIC FINANCING AUTHORITY 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. 5.TREASURER'S QUARTERLY REPORT Comments: The purpose of this item is to have the Honorable Mayor and the Lynwood City Council review the Treasurer’s Quarterly Investment Report as required by State Statutes. (CT) Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the quarter ending December 31, 2021. ADJOURNMENT THE LYNWOOD PUBLIC FINANCE AUTHORITY MEETINGS WILL BE POSTED AS NEEDED. THE NEXT MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. Lynwood Public Financing Authority - Page 2 of 25 Agenda Item # 5. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable President and Members of the Public Finance Authority APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Gabriela Camacho, City Treasurer Sheila Harding, Deputy City Treasurer SUBJECT: TREASURER'S QUARTERLY REPORT Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the quarter ending December 31, 2021. Background: Due to the crisis caused by the Orange County investment pool, the State Legislature in 1995 enacted SB564 and SB866. These laws were enacted as State Statutes to impose certain mandates regarding investments with public funds. The statutes have imposed the following mandates: 1. Annual adoption of an Investment Policy that incorporates changes mandated by the State. 2. Quarterly Investment Reports presented to the Legislative Body or Board Members. 3. Restriction on the use of certain investment instruments. The purpose of the Treasurer’s report is to update the City Council and the public of the status of the City’s cash balances, investments and highlight changes from one period to another. This report includes reconciliation between cash and investment balances, a schedule of all investments, and a report providing information on all investment types, costs, interest rates, maturity dates and current market value. Reports prepared by FTN Main Street Capital Advisors are as follows: Portfolio Summary - Dash Board Investment Policy Compliance Report Historical Earnings & Book Return Performance Investment Activity Portfolio Summary Lynwood Public Financing Authority - Page 3 of 25 Agenda Item # 2 Holding Report Maturity Report Income Earned Summary Income Earned Transaction Report Discussion and Analysis: The market value of securities fluctuates, depending on how interest rates perform. When interest rates decrease, the market value of the securities in the City’s portfolio will likely increase and when the interest rates increase, the market value of the securities will likely decrease. The City’s practice is to buy and hold investments until maturity so changes in the market price do not affect the City’s investment principal. Short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. LAIF is a high quality investment available in terms of safety, liquidity and yield. The City’s cash and investment portfolio is sufficiently liquid to meet expected expenditures for the coming six months. The majority of property tax revenues are received from the County in December and April. The vast majority of cash held by the City is deposited into the Local Agency Investment Fund and can be withdrawn at any time. There are three petty cash funds totaling $3,300.00 currently being used by various departments. There are two change funds totaling $640.00; Water Billing $600.00 and Recreation $40.00. The total received from Urban Farming for the 2nd quarter reporting is $184,904.69. The total amount of Non-Sufficient Funds (NSF) from customers for the 2nd quarter reporting is $5,321.13 of which $1,367.81 has been collected. The remaining balance of Non-Sufficient Funds outstanding for the 2nd quarter is $3,953.32. The market valuation is provided by FTN Main Street Capital Advisors and all of the investments are in compliance with California Government Code Sections 53600 et seq. and the City’s investment policy. FHN Interest Received for 2nd Quarter OCT 19,096.57 82,203.56 NOV 18,555.52 100,759.08 DEC 17,907.44 118,666.52 Fiscal Impact: The action recommended in this report will not have a fiscal impact on the City. Coordinated With: FTN Financial Main Street Advisors. ATTACHMENTS: Description Quarterly Report - December 2021 FHN - December 2021 Lynwood Public Financing Authority - Page 4 of 25 Agenda Item # 2 Schedule of City Cash & Investments:  This schedule provides information on the cash and investments managed by the City. Quarterly Interest Credit Money Market/Certificate of Deposit (CD)Balance Interest F/Y to Date JP Morgan Chase ‐ Section 108 MMA $125,269.88 3.11$                      6.22$                  JP Morgan Chase ‐ Money Market Account $1,881,918.84 46.74$                    93.48$                JP Morgan Chase ‐ Parking Enforcement $5,294,794.06 122.68$                  251.57$              US Bank ‐ City of Lynwood 4,539.63$ 0.04$                      0.07$                  Total $7,306,522.41 172.57$                  351.34$              Demand Deposits  General Account 28,593,915.14 US Bank ‐ Economic Development 10,696.54 US Bank ‐ Housing Authority A 45,778.23 US Bank ‐ Housing Authority B 18,000.09$                  US Bank ‐ City HCDA 78,719.79$                  US Bank ‐ City Home Program 776,533.96   US Bank ‐ Taxable Tabs 1,710,209.45$             US Bank ‐ Lyn Tr. Center Unf Wrkr 2,791.24$                   US Bank ‐ Money Market Account 49,028.48$                US Bank ‐ US Dept. of HUD/Section 108 170,048.96$              US Bank ‐ RORF Successor Agency 4,099,058.85 US Bank ‐ Low Mod Housing Trst Fnd/Rogel 19,685,967.27 US Bank ‐ Lynwood Disaster Relief Fund 5,000.00$                   US Bank ‐ Settlement Remittance Fund 340,637.36   US Bank ‐ Housing Authority 6,376.71$                   Total 55,592,762.07$         Money Market Fund  ‐ A Money Market fund is a type of mutual fund that invest in short term debt  securities of agenies of the U.S. Government, banks, corporations and U.S. Treasury Bills.  Some advantages of a money market fund over savings and CDs are high liquidity, low risk, and competive yields.   The City currently has a total of five MMA accounts within the City's investment portfolio. Certificate of Deposit  ‐ A Certificate of Deposit or CD, is a time deposit.  They are similar to savings  accounts in that they are insured and relatively risk‐free.  They are different from savings accounts in that  they usually are for a fixed term and a fixed interest rae.  CDs are inteded to be held until maturity, at which  time, the money may be withdrawn together with the accrued interest.  The City currently has one CD within the City's investment portfolio Demand Deposits  ‐ Also known as "cash in the bank", this is the balance of the City's checking account with  US Bank, from which virtually all obligations are paid. CITY OF LYNWOOD QUARTERLY INVESTMENT REPORT December 31, 2021 Lynwood Public Financing Authority - Page 5 of 25 Agenda Item # 2 Quarter Ending Date Interest Issuer Investment Balance Interest Received Rate State of California LAIF 9,532,263.99 7,096.92 10/15/2021 0.23% Local Agency Investment Fund (LAIF): The Local Agency Investment Fund is managed by the State Treasurer's Office Investment Division through the Pooled Money  Investment Account (PIMA).  The LAIF allows cities, counties and special districts to place money in a major portfolio and to use the expertise of their Investment Division staff, with no additional cost to taxpayers.  Participating agencies can withdraw their funds from the LAIF at any time.  The State Treasurer invests money safely and prudently while minimizing the service costs and maximizing the service costs and maximizing the investment yields. These investments help manage cash flow and enhance financial security.  The interest earned from the LAIF is distribued quarterly. (See Chart Below) 181.4 Billion 12/31/2021 CITY OF LYNWOOD QUARTERLY REPORT December 31, 2021 LAIF Daily Yield .65%  ‐  Quarter to Date 0.80% ‐ Average Days to Maturity 169 Pooled Money Investment Account Monthly Portfolio Composition 0 0.2 0.4 0.6 0.8 1 Loans Corporate Bonds Commercial Paper Now Accounts Time Deposits CDs/BNs Agencies Mortgages Treasuries 1 0.41% 0.17% 6.33% 0.00% 2.10% 7.39% 18.20% 0.00% Dec 2021.xlsLynwood Public Financing Authority - Page 6 of 25 Agenda Item # 2 PAR MARKET BOOK INVESTMENTS VALUE VALUE VALUE *Money Market Funds 191,208.65$             191,208.65$             191,208.65$              LAIF 9,532,263.99$          9,532,263.99$          9,532,263.99$           Corporate Notes 2,000,000.00$          2,073,152.50$          2,024,595.71$           Commercial Paper 700,000.00$             699,093.33$             699,140.97$              Federal Agency 3,200,000.00$          3,220,669.00$          3,226,580.53$           Treasury Coupon Securities 6,500,000.00$          6,415,220.00$          6,503,669.06$           CD‐FDIC 3,968,000.00$          4,023,844.89$          3,966,616.90$           TOTAL 26,091,472.64$        26,155,452.36$        26,144,075.81$         *Money Market Fund held at Goldman Sach Schedule of City Cash & Investments:  This schedule provides information on the cash and investments managed by the City. Time Deposit/MM/Certificate of Deposit Balance Maturity Date Interest JP Morgan Chase (Section 108) 125,269.88$             N/A 3.11$                          JP Morgan Chase ‐ Money Market Account 1,881,918.84$          N/A 46.74$                        JP Morgan Chase ‐ Parking Enforcement 5,294,794.06$          N/A 122.68$                      US Bank ‐ City of Lynwood 4,539.63$                  N/A 0.04$                          TOTAL 7,306,522.41$          172.57$                      Corporate Checking Accounts Balance General Account 28,593,915.14$         US Bank ‐ City HCDA 78,719.79$                US Bank ‐ City Home Program 776,533.96$              US Bank ‐ Economic Development 10,696.54$                US Bank ‐ Housing Authority A 45,778.23$                US Bank ‐ Housing Authority B 18,000.09$                US Bank ‐ Lyn Tr. Center Unf Wrkr 2,791.24$                   US Bank ‐ City of Lynwood 49,028.48$                US Bank ‐ RORF Successor Agency 4,099,058.85$           US Bank ‐ Low Mod Housing Trst Fnd/Rogel 19,685,967.27$         US Bank ‐ Taxable Tabs Housing Proj. 1,710,209.45$           US Bank ‐ US Dept. of HUD/Section 108 170,048.96$              US Bank ‐ Lynwood Disaster Relief Fund 5,000.00$                   US Bank ‐ Settlement Remittance Fund 340,637.36$              US Bank ‐ Housing Authority 6,376.71$                   TOTAL 55,592,762.07$                             CITY OF LYNWOOD QUARTERLY REPORT 31‐Dec‐21 PORTFOLIO SUMMARY Dec 2021.xlsLynwood Public Financing Authority - Page 7 of 25 Agenda Item # 2 AVERAGE MARKET PERCENTAGE (%) DAYS TO DESCRIPTION VALUE PORTFOLIO MATURITY INVESTMENTS* 26,155,452.36 100% * CERTIFICATE OF DEPOSIT/TIME DEPOSIT/ MONEY MARKET/CUSTODY HOLDINGS 7,306,522.41 CHECKING ACCOUNT 55,592,762.07   TOTAL AVERAGES 62,899,284.48$             TOTAL INVESTMENTS & AVERAGES 89,054,736.84$             ZtuÜ|xÄt VtÅtv{ÉBf{x|Ät [tÜw|Çz Gabriela Camacho/Sheila Harding I certify that this report accurately reflects all pooled  City Treasurer/Deputy Treasurer investment policy statements adopted by the City Council  on  August 15, 1995. A copy of this policy is available  at  the office of the City Clerk.  The Investment Program herein  shown provides sufficient cash flow liquidy to meet 3 to 6  months estimated expenditures. *See Report Prepared by Main Street Capital Advisors CITY OF LYNWOOD QUARTERLY REPORT December 31, 2021 MASTER SUMMARY Dec 2021.xlsLynwood Public Financing Authority - Page 8 of 25 Agenda Item # 2 Jan ‐ Mar Apr ‐ June July ‐ Sept Oct ‐ Dec Investments Managed by Main Street $29,709,667.39 $29,758,531.25 26,244,509.47 $26,155,452.36 Cash & Investments $21,238,183.32 30,737,800.38 37,237,880.58 $62,899,284.48 Per Treasurer's Reports 50,947,850.71 60,496,331.63$    $63,482,390.05 $89,054,736.84 Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account*17,763,447.46$    5,514,713.35$      6,416,494.69$     16,861,666.12$    *Local Agency Investment Fund 9,525,167.07$      7,096.92$               ‐$                      9,532,263.99$      US Bank ‐ Economic Development 10,696.54$             ‐$                         ‐$                      10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,327,840.85$      228,484.00$        4,099,356.85$      US Bank ‐ Low Mod Housing Trust 5,010,704.89$       ‐$                        525,233.00$        4,485,471.89$      Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account*16,861,666.12$    15,734,219.57$    4,889,470.59$     27,706,415.10$    *Local Agency Investment Fund 9,532,263.99$       ‐$                         ‐$                      9,532,263.99$      US Bank ‐ Economic Development 10,696.54$            10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,099,356.85$      298.00$                4,099,058.85$      US Bank ‐ Low Mod Housing Trust 4,485,471.89$      4,485,471.89$      Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account 27,706,415.10$    10,051,845.58$    9,164,345.54$     28,593,915.14$    *Local Agency Investment Fund 9,532,263.99$       ‐$                        9,532,263.99$      US Bank ‐ Economic Development 10,696.54$             ‐$                         ‐$                      10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,099,058.85$       ‐$                        4,099,058.85$      US Bank ‐ Low Mod Housing Trust 4,485,471.89$      17,410,460.25$    2,209,964.87 19,685,967.27$    QUARTERLY TOTAL OF DEBITS/CREDITS 48,718,335.67$    23,434,290.69$   *Most Active Accounts *Funds transferred from LAIF account to the general account to cover expenditures 2021 Oct‐21 Nov‐21 Dec‐21 CITY OF LYNWOOD QUARTERLY REPORT 31‐Dec‐21 MONTHLY BALANCES PER STATEMENT DEMAND DEPOSIT ACCOUNTS ‐ MOST ACTIVE BALANCES PER QUARTER Lynwood Public Financing Authority - Page 9 of 25 Agenda Item # 2 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 2 Portfolio Summary City of Lynwood 12/31/2021 SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (MOODY'S) ACCOUNT SUMMARY MONTH-END PORTFOLIO BOOK YIELD TOP ISSUERS 12/31/21 11/30/21 Issuer % Portfolio Market Value $26,155,452 $26,188,783 LAIF 36.5% Book Value $26,144,076 $26,131,623 U.S. Treasury 24.9% Variance $11,377 $57,160 FHLB 3.9% FNMA 3.8% Par Value $26,091,473 $26,076,454 FFCB 2.7% JPMorgan 1.9% Net Asset Value $100.04 $100.22 FHLMC 1.9% ING US Funding 1.3% Book Yield 0.91%0.91%Royal Bank of Canada 1.3% Exxon Mobil 1.0% Market Yield 0.56%0.48%Toyota 1.0% US Bancorp 1.0% Years to Maturity 1.66 1.60 MetLife 1.0% Jackson National Life 1.0% Effective Duration 1.54 1.56 New York Life 1.0% Ja n - 2 1 Fe b - 2 1 Ma r - 2 1 Ap r - 2 1 Ma y - 2 1 Ju n - 2 1 Ju l - 2 1 Au g - 2 1 Se p - 2 1 Oc t - 2 1 No v - 2 1 De c - 2 1 0.00% 0.20% 0.40% 0.60% 0.80% 1.00% 1.20% 0.7% 2.7% 7.7% 12.3% 15.2% 24.9% 36.5% MMF CP CORP AGY CD TSY LAIF 100%75%50%25%0% 47.5% 12.4%13.3%14.4%12.4% 0-1Y 1-2Y 2-3Y 3-4Y 4-5Y+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 51.6% 2.9% 1.9% 1.0% 1.0% 38.9% 2.7% NR A3 A2 A1 Aa3 Aa2 Aa1 Aaa P-1 100%75%50%25%0% 2Lynwood Public Financing Authority - Page 10 of 25 Agenda Item # 2 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 3 Investment Policy Compliance City of Lynwood 12/31/2021 Category Book Value % of Portfolio % Allowed by Policy In ComplianceReserved row US Treasuries 6,503,669.06 24.88%100%Yes US Federal Agencies 3,226,580.53 12.34%100%Yes Supranational Obligations 0.00 0.00%30%Yes LAIF 9,532,263.99 36.46%100%Yes Commercial Paper 699,140.97 2.67%25%Yes Money Market Funds 191,208.65 0.73%20%Yes Negotiable Certificates of Deposit 3,966,616.90 15.17%30%Yes Corporate Obligations 2,024,595.71 7.74%30%Yes State and Local Governments 0.00 0.00%100%Yes Total 26,144,075.81 100.00% Other Metrics Portfolio Metric In Compliance Weighted Average Maturity 1.66 Less than 3.0 Years Yes Liquidity 47.48%30% Under 365 Days Yes Ratings Yes 3Lynwood Public Financing Authority - Page 11 of 25 Agenda Item # 2 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 12 Historical Earnings & Book Return Performance City of Lynwood 12/31/2021 Fiscal YTD ($K)Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 2020 $65.050 $31.666 $187.208 $249.056 $303.058 $354.899 $410.103 $456.891 $498.400 $552.596 $586.799 $623.500 FY 2021 $35.200 $66.215 $94.922 $120.389 $147.318 $173.870 $199.724 $223.094 $247.869 $271.162 $294.542 $316.873 FY 2022 $18.153 $37.347 $56.010 $82.204 $100.760 $118.668 Fiscal YTD Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Book Return 0.77%0.78%0.81%0.90%0.89%0.88% Fiscal Year-To-Date Earnings Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun $0 $100 $200 $300 $400 $500 $600 $700 Th o u s a n d s FY 2020 FY 2021 FY 2022 Fiscal Year-To-Date Book Return Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 0.00% 0.25% 0.50% 0.75% 1.00% 1.25% 1.50% 11Lynwood Public Financing Authority - Page 12 of 25 Agenda Item # 2 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 15 Investment Activity City of Lynwood 12/31/2021 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Positions 37 38 37 38 37 38 40 40 40 41 41 43 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Purchases 0 1 0 1 0 1 5 1 0 1 1 3 Redemptions 0 1 0 1 0 2 1 1 0 0 1 1 Total 0 2 0 2 0 3 6 2 0 1 2 4 Number of Positions at Month End Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 34 35 36 37 38 39 40 41 42 43 44 Po s i t i o n s Purchases and Redemptions* (Excluding MMF/LGIP) Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 0 2 4 6 8 10 Nu m b e r o f T r a n s a c t i o n s Purchases Redemptions *Redemptions include maturities,calls,and sells 14Lynwood Public Financing Authority - Page 13 of 25 Agenda Item # 2 Portfolio Summary City of Lynwood December 31, 2021 Investments Par Value Book Value % of Portfolio YTMMaturity Days to Market Value Book Certificates of Deposit 3,968,000.00 3,966,616.90 15.17 2.28 746 4,023,844.89 Commercial Paper 700,000.00 699,140.97 2.67 0.29 149 699,093.33 Corporate Bonds 2,000,000.00 2,024,595.71 7.74 2.52 705 2,073,152.50 LAIF 9,532,263.99 9,532,263.99 36.46 0.20 1 9,532,263.99 Money Market Funds 191,208.65 191,208.65 0.73 0.03 1 191,208.65 U.S. Agencies 3,200,000.00 3,226,580.53 12.34 1.17 1,137 3,220,669.00 U.S. Treasuries 6,500,000.00 6,503,669.06 24.88 0.56 1,178 6,415,220.00 26,144,075.81 100.00 605 26,155,452.36 0.91 26,091,472.64 Investments December 31 Month Ending Fiscal Year To DateTotal Earnings Current Year 17,907.44 118,667.68 Average Daily Balance 26,137,454.74 26,840,896.77 Book Rate of Return 0.81% 0.88% Run Date: 1/11/2022 - 11:37 AM Amortizing 15Lynwood Public Financing Authority - Page 14 of 25 Agenda Item # 2 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Certificates of Deposit 27002YEM4 248,000.00EagleBank 05/10/2019 248,000.00 100.84 250,076.38 0.95% NR/NR 0.3605/10/2022 2,076.38 NR 0.39 388.65 2.60% 248,000.00 0.27%2.600% 33847E2J5 248,000.00Flagstar Bank 06/12/2019 248,000.00 101.00 250,481.70 0.95% NR/NR 0.4506/13/2022 2,481.70 NR 0.48 339.73 2.50% 248,000.00 0.28%2.500% 1404203Z1 248,000.00Capital One Bank USA 08/03/2017 247,417.20 101.17 250,894.08 0.95% NR/NR 0.5908/02/2022 2,962.42 NR 0.61 2,375.36 2.35% 247,931.66 0.31%2.300% 795450D36 248,000.00Sallie Mae Bank 08/24/2017 247,417.20 101.31 251,258.42 0.95% NR/NR 0.6408/23/2022 3,333.46 NR 0.67 2,091.69 2.40% 247,924.95 0.31%2.350% 61747MF63 248,000.00Morgan Stanley Bank 01/12/2018 247,417.20 102.15 253,329.53 0.95% NR/NR 1.0301/11/2023 5,449.60 NR 1.03 3,132.95 2.70% 247,879.93 0.55%2.650% 59013J5Z8 248,000.00Merrick Bank 12/19/2018 247,516.40 103.16 255,832.56 0.95% NR/NR 1.1402/21/2023 7,964.80 NR 1.13 318.66 3.41% 247,867.76 0.57%3.350% 20033AZK5 248,000.00Comenity Capital Bank 06/29/2018 247,427.12 103.87 257,585.23 0.95% NR/NR 1.4906/29/2023 9,756.21 NR 1.46 67.27 3.40% 247,829.01 0.70%3.300% 38148PR33 248,000.00Goldman Sachs Bank 07/09/2018 247,432.08 103.86 257,580.23 0.95% NR/NR 1.5107/06/2023 9,752.19 NR 1.48 4,013.52 3.35% 247,828.04 0.73%3.300% 949763TF3 248,000.00Wells Fargo Bank NA 08/31/2018 247,429.60 104.20 258,418.40 0.95% NR/NR 1.6608/30/2023 10,608.12 NR 1.63 44.84 3.35% 247,810.28 0.76%3.300% 29278TLY4 248,000.00EnerBank 09/30/2019 247,523.84 102.06 253,118.52 0.95% NR/NR 1.7409/27/2023 5,325.90 NR 1.73 67.95 2.05% 247,792.62 0.80%2.000% 17312Q3B3 248,000.00Citibank 02/28/2019 247,427.12 104.41 258,934.99 0.95% NR/NR 2.1602/27/2024 11,182.35 NR 2.09 2,588.71 3.05% 247,752.64 0.93%3.000% 32100LCB9 248,000.00First Missouri State Bank 09/13/2019 248,000.00 102.04 253,061.26 0.95% NR/NR 2.7009/13/2024 5,061.26 NR 2.65 1,382.68 1.85% 248,000.00 1.08%1.850% 05580AXF6 248,000.00BMW Bank 09/25/2020 248,000.00 97.23 241,127.52 0.95% NR/NR 3.7409/25/2025 -6,872.48 NR 3.73 332.93 0.50% 248,000.00 1.26%0.500% 856283S98 248,000.00State Bank of India 04/27/2021 248,000.00 98.67 244,712.46 0.95% NR/NR 4.3204/27/2026 -3,287.54 NR 4.25 448.44 1.00% 248,000.00 1.32%1.000% 89235MLC3 248,000.00Toyota Financial Savings Bank 07/15/2021 248,000.00 98.30 243,794.48 0.95% NR/NR 4.5407/15/2026 -4,205.52 NR 4.45 1,097.32 0.95% 248,000.00 1.34%0.950% 90348JR93 248,000.00UBS Bank USA 08/11/2021 248,000.00 98.24 243,639.15 0.95% NR/NR 4.6108/11/2026 -4,360.85 NR 4.52 135.55 0.95% 248,000.00 1.34%0.950% 3,963,007.76 4,023,844.89 15.17% 2.04 3,966,616.90 2.28% 3,968,000.00 0.78% 18,826.25 57,228.00 2.02Total Certificates of Deposit Commercial Paper Run Date: 1/11/2022 - 11:37 AM Amortizing 16Lynwood Public Financing Authority - Page 15 of 25 Agenda Item # 2 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Commercial Paper 4497W1DM5 350,000.00ING US Funding LLC 12/21/2021 349,717.67 99.95 349,807.91 1.34% P-1/A-1 0.3004/21/2022 66.92 NR 0.00 0.00 0.24% 349,740.99 0.19%0.000% 78015DG61 350,000.00Royal Bank of Canada, NY 12/20/2021 349,364.75 99.80 349,285.42 1.34% P-1/A-1+ 0.5107/06/2022 -114.57 F1+ 0.00 0.00 0.33% 349,399.98 0.40%0.000% 699,082.42 699,093.33 2.67% 0.41 699,140.97 0.29% 700,000.00 0.30% 0.00 -47.65 0.00Total Commercial Paper Corporate Bonds 59217GCD9 250,000.00MetLife 11/02/2017 252,002.50 100.63 251,570.00 0.96% Aa3/AA- 0.2704/08/2022 1,448.29 AA- 0.30 1,527.43 2.46% 250,121.71 0.32%2.650% 46849LSW2 250,000.00Jackson National Life 07/12/2017 247,795.00 101.02 252,547.50 0.96% A2/A 0.4906/27/2022 2,764.91 A 0.51 69.44 2.69% 249,782.59 0.41%2.500% 90331HNV1 250,000.00US Bank 03/01/2019 253,307.50 103.99 259,965.00 0.96% A1/AA- 1.5607/24/2023 8,788.67 AA- 1.31 3,706.94 3.08% 251,176.33 0.83%3.400%06/23/2023 89236TFS9 250,000.00Toyota Motor Credit 02/28/2019 253,545.00 104.73 261,815.00 0.96% A1/A+ 2.0201/08/2024 10,340.28 A+ 1.96 4,024.65 3.03% 251,474.72 0.98%3.350% 46625HJX9 500,000.00JPMorgan Chase & Co 05/13/2019 515,115.00 105.83 529,160.00 1.94% A2/A- 2.3705/13/2024 22,005.57 AA- 2.30 2,416.67 2.97% 507,154.43 1.12%3.625% 64952WDL4 250,000.00New York Life 01/22/2020 249,102.50 102.11 255,262.50 0.95% Aaa/AA+ 3.0601/22/2025 5,811.47 AAA 2.98 2,208.33 2.08% 249,451.03 1.30%2.000% 30231GBH4 250,000.00Exxon Mobil 06/22/2020 272,752.50 105.13 262,832.50 1.02% Aa2/AA- 3.2203/19/2025 -2,602.41 NR 3.04 2,119.33 0.99% 265,434.91 1.36%2.992%02/19/2025 2,043,620.00 2,073,152.50 7.74% 1.93 2,024,595.71 2.52% 2,000,000.00 0.93% 16,072.79 48,556.78 1.85Total Corporate Bonds LAIF 9819499 9,532,263.99LAIF 10/15/2021 9,532,263.99 1.00 9,532,263.99 36.46% NR/NR 0.0001/01/2022 0.00 NR 0.00 0.00 0.20% 9,532,263.99 0.20%0.203% 9,532,263.99 9,532,263.99 36.46% 0.00 9,532,263.99 0.20% 9,532,263.99 0.20% 0.00 0.00 0.00Total LAIF Money Market Funds Run Date: 1/11/2022 - 11:37 AM Amortizing 17Lynwood Public Financing Authority - Page 16 of 25 Agenda Item # 2 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Money Market Funds FGTXX 191,208.65Goldman Sachs Govt MMF 191,208.65 1.00 191,208.65 0.73% Aaa/AAA 0.0001/01/2022 0.00 NR 0.00 21.00 0.03% 191,208.65 0.03%0.026% 191,208.65 191,208.65 0.73% 0.00 191,208.65 0.03% 191,208.65 0.03% 21.00 0.00 0.00Total Money Market Funds U.S. Agencies 3135G0T78 500,000.00FNMA 11/30/2017 497,400.00 101.27 506,355.00 1.91% Aaa/AA+ 0.7610/05/2022 6,764.74 AAA 0.79 2,388.89 2.11% 499,590.26 0.33%2.000% 3133EKTV8 500,000.00FFCB 07/02/2019 499,900.00 103.04 515,175.00 1.91% Aaa/AA+ 2.5007/01/2024 15,225.03 AAA 2.46 4,750.00 1.90% 499,949.97 0.67%1.900% 3133EK3B0 200,000.00FFCB 10/17/2019 198,370.00 102.02 204,034.00 0.76% Aaa/AA+ 2.7910/16/2024 4,944.59 AAA 2.77 625.00 1.67% 199,089.41 0.77%1.500% 3130A4CH3 500,000.00FHLB 10/07/2020 541,330.00 104.21 521,045.00 2.03% Aaa/AA+ 3.2003/14/2025 -8,794.38 AAA 3.11 3,529.51 0.49% 529,839.38 1.04%2.375% 3136G4H71 500,000.00FNMA 08/18/2020 500,000.00 97.66 488,295.00 1.91% Aaa/AA+ 3.6208/12/2025 -11,705.00 AAA 3.59 923.61 0.50% 500,000.00 1.16%0.500%02/18/2022 3137EAEX3 500,000.00FHLMC 10/20/2020 497,505.00 97.32 486,575.00 1.91% Aaa/AA+ 3.7309/23/2025 -11,536.51 AAA 3.73 510.42 0.48% 498,111.51 1.11%0.375% 3130AQEC3 500,000.00FHLB 12/30/2021 500,000.00 99.84 499,190.00 1.91% Aaa/AA+ 5.0012/30/2026 -810.00 AAA 0.00 19.03 1.37% 500,000.00 1.40%1.370%06/30/2022 3,234,505.00 3,220,669.00 12.34% 3.12 3,226,580.53 1.17% 3,200,000.00 0.94% 12,746.46 -5,911.53 2.32Total U.S. Agencies U.S. Treasuries 912828ZD5 500,000.00U.S. Treasury 12/16/2020 504,140.63 100.04 500,195.00 1.92% Aaa/AA+ 1.2003/15/2023 -2,024.46 AAA 1.23 745.86 0.13% 502,219.46 0.47%0.500% 91282CAW1 1,000,000.00U.S. Treasury 07/22/2021 999,960.94 99.19 991,880.00 3.82% Aaa/AA+ 1.8711/15/2023 -8,088.42 AAA 1.90 324.59 0.25% 999,968.42 0.69%0.250% 91282CBV2 500,000.00U.S. Treasury 11/22/2021 496,308.59 99.02 495,080.00 1.90% Aaa/AA+ 2.2904/15/2024 -1,393.12 AAA 2.31 401.79 0.69% 496,473.12 0.81%0.375% 912828YV6 1,000,000.00U.S. Treasury 07/22/2021 1,035,742.19 101.60 1,015,980.00 3.94% Aaa/AA+ 2.9211/30/2024 -15,043.17 AAA 2.89 1,318.68 0.43% 1,031,023.17 0.94%1.500% 912828ZT0 500,000.00U.S. Treasury 06/29/2021 491,542.97 97.31 486,525.00 1.88% Aaa/AA+ 3.4205/31/2025 -6,110.53 AAA 3.43 109.89 0.69% 492,635.53 1.06%0.250% Run Date: 1/11/2022 - 11:37 AM Amortizing 18Lynwood Public Financing Authority - Page 17 of 25 Agenda Item # 2 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining U.S. Treasuries 91282CAZ4 1,000,000.00U.S. Treasury 07/22/2021 989,492.19 97.02 970,230.00 3.79% Aaa/AA+ 3.9211/30/2025 -20,331.45 AAA 3.92 329.67 0.62% 990,561.45 1.15%0.375% 91282CBH3 500,000.00U.S. Treasury 02/25/2021 494,433.59 96.79 483,945.00 1.89% Aaa/AA+ 4.0901/31/2026 -11,443.63 AAA 4.08 784.65 0.60% 495,388.63 1.18%0.375% 91282CCF6 1,000,000.00U.S. Treasury 07/22/2021 1,002,382.81 98.00 980,000.00 3.83% Aaa/AA+ 4.4205/31/2026 -22,165.21 AAA 4.38 659.34 0.70% 1,002,165.21 1.22%0.750% 91282CCZ2 500,000.00U.S. Treasury 10/19/2021 492,949.22 98.28 491,385.00 1.89% Aaa/AA+ 4.7509/30/2026 -1,849.06 AAA 4.68 1,117.79 1.17% 493,234.06 1.25%0.875% 6,506,953.13 6,415,220.00 24.88% 3.23 6,503,669.06 0.56% 6,500,000.00 0.98% 5,792.26 -88,449.05 3.22Total U.S. Treasuries 26,170,640.95 26,155,452.36 100.00% 1.66 53,458.76 11,376.55 1.54 0.63% 26,144,075.81 0.91% 26,091,472.64TOTAL PORTFOLIO TOTAL MARKET VALUE PLUS ACCRUED INTEREST 26,208,911.12 Run Date: 1/11/2022 - 11:37 AM Amortizing 19Lynwood Public Financing Authority - Page 18 of 25 Agenda Item # 2 Maturity Report City of Lynwood December 31, 2021 CUSIP Date Purchase Value Book Rate Coupon Date Maturity Par Remaining Term Value Market YTMIssuer Days to Maturity Book FGTXX 0.026% 1Goldman Sachs Govt MMF 191,208.65 01/01/2022 1 0.03% 191,208.65 191,208.65 9819499 0.203% 1LAIF05/18/2020 9,532,263.99 01/01/2022 1 0.20% 9,532,263.99 9,532,263.99 59217GCD9 2.650% 1,520MetLife11/02/2017 250,121.71 04/08/2022 98 2.46% 250,000.00 251,570.00 4497W1DM5 0.000% 10ING US Funding LLC 12/21/2021 349,740.99 04/21/2022 111 0.24% 350,000.00 349,807.91 27002YEM4 2.600% 966EagleBank05/10/2019 248,000.00 05/10/2022 130 2.60% 248,000.00 250,076.38 33847E2J5 2.500% 933Flagstar Bank 06/12/2019 248,000.00 06/13/2022 164 2.50% 248,000.00 250,481.70 46849LSW2 2.500% 1,633Jackson National Life 07/12/2017 249,782.59 06/27/2022 178 2.69% 250,000.00 252,547.50 78015DG61 0.000% 11Royal Bank of Canada, NY 12/20/2021 349,399.98 07/06/2022 187 0.33% 350,000.00 349,285.42 1404203Z1 2.300% 1,611Capital One Bank USA 08/03/2017 247,931.66 08/02/2022 214 2.35% 248,000.00 250,894.08 795450D36 2.350% 1,590Sallie Mae Bank 08/24/2017 247,924.95 08/23/2022 235 2.40% 248,000.00 251,258.42 3135G0T78 2.000% 1,492FNMA11/30/2017 499,590.26 10/05/2022 278 2.11% 500,000.00 506,355.00 61747MF63 2.650% 1,449Morgan Stanley Bank 01/12/2018 247,879.93 01/11/2023 376 2.70% 248,000.00 253,329.53 59013J5Z8 3.350% 1,108Merrick Bank 12/19/2018 247,867.76 02/21/2023 417 3.41% 248,000.00 255,832.56 912828ZD5 0.500% 380U.S. Treasury 12/16/2020 502,219.46 03/15/2023 439 0.13% 500,000.00 500,195.00 20033AZK5 3.300% 1,281Comenity Capital Bank 06/29/2018 247,829.01 06/29/2023 545 3.40% 248,000.00 257,585.23 38148PR33 3.300% 1,271Goldman Sachs Bank 07/09/2018 247,828.04 07/06/2023 552 3.35% 248,000.00 257,580.23 90331HNV1 3.400% 1,036US Bank 03/01/2019 251,176.33 07/24/2023 570 3.08% 250,000.00 259,965.00 949763TF3 3.300% 1,218Wells Fargo Bank NA 08/31/2018 247,810.28 08/30/2023 607 3.35% 248,000.00 258,418.40 29278TLY4 2.000% 823EnerBank09/30/2019 247,792.62 09/27/2023 635 2.05% 248,000.00 253,118.52 91282CAW1 0.250% 162U.S. Treasury 07/22/2021 999,968.42 11/15/2023 684 0.25% 1,000,000.00 991,880.00 89236TFS9 3.350% 1,037Toyota Motor Credit 02/28/2019 251,474.72 01/08/2024 738 3.03% 250,000.00 261,815.00 17312Q3B3 3.000% 1,037Citibank02/28/2019 247,752.64 02/27/2024 788 3.05% 248,000.00 258,934.99 91282CBV2 0.375% 39U.S. Treasury 11/22/2021 496,473.12 04/15/2024 836 0.69% 500,000.00 495,080.00 46625HJX9 3.625% 963JPMorgan Chase & Co 05/13/2019 507,154.43 05/13/2024 864 2.97% 500,000.00 529,160.00 3133EKTV8 1.900% 913FFCB07/02/2019 499,949.97 07/01/2024 913 1.90% 500,000.00 515,175.00 32100LCB9 1.850% 840First Missouri State Bank 09/13/2019 248,000.00 09/13/2024 987 1.85% 248,000.00 253,061.26 3133EK3B0 1.500% 806FFCB10/17/2019 199,089.41 10/16/2024 1,020 1.67% 200,000.00 204,034.00 912828YV6 1.500% 162U.S. Treasury 07/22/2021 1,031,023.17 11/30/2024 1,065 0.43% 1,000,000.00 1,015,980.00 64952WDL4 2.000% 709New York Life 01/22/2020 249,451.03 01/22/2025 1,118 2.08% 250,000.00 255,262.50 3130A4CH3 2.375% 450FHLB10/07/2020 529,839.38 03/14/2025 1,169 0.49% 500,000.00 521,045.00 30231GBH4 2.992% 557Exxon Mobil 06/22/2020 265,434.91 03/19/2025 1,174 0.99% 250,000.00 262,832.50 912828ZT0 0.250% 185U.S. Treasury 06/29/2021 492,635.53 05/31/2025 1,247 0.69% 500,000.00 486,525.00 3136G4H71 0.500% 500FNMA08/18/2020 500,000.00 08/12/2025 1,320 0.50% 500,000.00 488,295.00 3137EAEX3 0.375% 437FHLMC10/20/2020 498,111.51 09/23/2025 1,362 0.48% 500,000.00 486,575.00 05580AXF6 0.500% 462BMW Bank 09/25/2020 248,000.00 09/25/2025 1,364 0.50% 248,000.00 241,127.52 91282CAZ4 0.375% 162U.S. Treasury 07/22/2021 990,561.45 11/30/2025 1,430 0.62% 1,000,000.00 970,230.00 Run Date: 1/11/2022 - 11:37 AM Amortizing 20Lynwood Public Financing Authority - Page 19 of 25 Agenda Item # 2 Maturity Report City of Lynwood December 31, 2021 CUSIP Date Purchase Value Book Rate Coupon Date Maturity Par Remaining Term Value Market YTMIssuer Days to Maturity Book 91282CBH3 0.375% 309U.S. Treasury 02/25/2021 495,388.63 01/31/2026 1,492 0.60% 500,000.00 483,945.00 856283S98 1.000% 248State Bank of India 04/27/2021 248,000.00 04/27/2026 1,578 1.00% 248,000.00 244,712.46 91282CCF6 0.750% 162U.S. Treasury 07/22/2021 1,002,165.21 05/31/2026 1,612 0.70% 1,000,000.00 980,000.00 89235MLC3 0.950% 169Toyota Financial Savings Bank 07/15/2021 248,000.00 07/15/2026 1,657 0.95% 248,000.00 243,794.48 90348JR93 0.950% 142UBS Bank USA 08/11/2021 248,000.00 08/11/2026 1,684 0.95% 248,000.00 243,639.15 91282CCZ2 0.875% 73U.S. Treasury 10/19/2021 493,234.06 09/30/2026 1,734 1.17% 500,000.00 491,385.00 3130AQEC3 1.370% 1FHLB12/30/2021 500,000.00 12/30/2026 1,825 1.37% 500,000.00 499,190.00 Net Maturities and Averages 26,144,075.81 605 0.91% 26,155,452.36 26,091,472.64 Run Date: 1/11/2022 - 11:37 AM Amortizing 21Lynwood Public Financing Authority - Page 20 of 25 Agenda Item # 2 Income Earned Summary City of Lynwood December 31, 2021 Fiscal Year To DateDecember 31 Month End Interest Interest Received/Purchased Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned During Period Total Adjustments for Amortization/Accretion Total Capital Gains or Losses Total Earnings During Period 14,101.22 142,829.65 53,458.76 53,458.76 -48,004.78 -67,702.76 19,555.20 128,585.65 -1,647.76 -9,917.97 0.00 0.00 17,907.44 118,667.68 Run Date: 1/11/2022 - 11:37 AM Amortizing 23Lynwood Public Financing Authority - Page 21 of 25 Agenda Item # 2 Income Earned City of Lynwood December 01, 2021 - December 31, 2021 CUSIP Value Ending Par Date Maturity Book Value Beginning Value Ending Book Accrued Beginning /Purchased Int.Received Accrued Ending Issuer Earned Interest Amortization/ Accretion Earned Net Income Certificates of Deposit 27002YEM4 05/10/2022 248,000.00EagleBank 248,000.00 248,000.00 370.98 529.97 388.65 547.64 0.00 547.64 33847E2J5 06/13/2022 248,000.00Flagstar Bank 248,000.00 248,000.00 2,921.64 3,108.49 339.73 526.58 0.00 526.58 1404203Z1 08/02/2022 248,000.00Capital One Bank USA 247,921.76 247,931.66 1,890.92 0.00 2,375.36 484.44 9.90 494.34 795450D36 08/23/2022 248,000.00Sallie Mae Bank 247,915.05 247,924.95 1,596.71 0.00 2,091.69 494.98 9.90 504.88 61747MF63 01/11/2023 248,000.00Morgan Stanley Bank 247,870.03 247,879.93 2,574.78 0.00 3,132.95 558.17 9.90 568.07 59013J5Z8 02/21/2023 248,000.00Merrick Bank 247,857.93 247,867.76 295.90 682.85 318.66 705.61 9.83 715.44 20033AZK5 06/29/2023 248,000.00Comenity Capital Bank 247,819.29 247,829.01 44.84 672.66 67.27 695.09 9.73 704.82 38148PR33 07/06/2023 248,000.00Goldman Sachs Bank 247,818.38 247,828.04 3,318.44 0.00 4,013.52 695.08 9.66 704.74 949763TF3 08/30/2023 248,000.00Wells Fargo Bank NA 247,800.59 247,810.28 22.42 672.66 44.84 695.08 9.69 704.77 29278TLY4 09/27/2023 248,000.00EnerBank 247,782.49 247,792.62 54.36 407.67 67.95 421.26 10.12 431.38 17312Q3B3 02/27/2024 248,000.00Citibank 247,742.91 247,752.64 1,956.82 0.00 2,588.71 631.89 9.73 641.62 32100LCB9 09/13/2024 248,000.00First Missouri State Bank 248,000.00 248,000.00 993.02 0.00 1,382.68 389.66 0.00 389.66 05580AXF6 09/25/2025 248,000.00BMW Bank 248,000.00 248,000.00 227.62 0.00 332.93 105.31 0.00 105.31 856283S98 04/27/2026 248,000.00State Bank of India 248,000.00 248,000.00 237.81 0.00 448.44 210.63 0.00 210.63 89235MLC3 07/15/2026 248,000.00Toyota Financial Savings Bank 248,000.00 248,000.00 897.22 0.00 1,097.32 200.10 0.00 200.10 90348JR93 08/11/2026 248,000.00UBS Bank USA 248,000.00 248,000.00 129.10 193.64 135.55 200.09 0.00 200.09 Certificates of Deposit - Sub Total 3,968,000.00 3,966,528.44 3,966,616.90 17,532.58 6,267.94 18,826.25 7,561.61 88.46 7,650.07 Commercial Paper 4497W1DM5 04/21/2022 350,000.00ING US Funding LLC 0.00 349,740.99 0.00 0.00 0.00 0.00 23.53 23.53 78015DG61 07/06/2022 350,000.00Royal Bank of Canada, NY 0.00 349,399.98 0.00 0.00 0.00 0.00 35.65 35.65 Commercial Paper - Sub Total 700,000.00 0.00 699,140.97 0.00 0.00 0.00 0.00 59.18 59.18 Corporate Bonds 59217GCD9 04/08/2022 250,000.00MetLife 250,160.60 250,121.71 975.35 0.00 1,527.43 552.08 -38.90 513.18 46849LSW2 06/27/2022 250,000.00Jackson National Life 249,744.29 249,782.59 2,673.61 3,125.00 69.44 520.83 38.29 559.12 90331HNV1 07/24/2023 250,000.00US Bank 251,241.10 251,176.33 2,998.61 0.00 3,706.94 708.33 -64.77 643.56 89236TFS9 01/08/2024 250,000.00Toyota Motor Credit 251,535.49 251,474.72 3,326.74 0.00 4,024.65 697.91 -60.77 637.14 46625HJX9 05/13/2024 500,000.00JPMorgan Chase & Co 507,414.75 507,154.43 906.25 0.00 2,416.67 1,510.42 -260.31 1,250.11 64952WDL4 01/22/2025 250,000.00New York Life 249,435.57 249,451.03 1,791.67 0.00 2,208.33 416.66 15.46 432.12 30231GBH4 03/19/2025 250,000.00Exxon Mobil 265,848.11 265,434.91 1,496.00 0.00 2,119.33 623.33 -413.20 210.13 Corporate Bonds - Sub Total 2,000,000.00 2,025,379.91 2,024,595.71 14,168.23 3,125.00 16,072.79 5,029.56 -784.20 4,245.36 LAIF Run Date: 1/11/2022 - 11:38 AM Amortizing 24Lynwood Public Financing Authority - Page 22 of 25 Agenda Item # 2 Income Earned City of Lynwood December 01, 2021 - December 31, 2021 CUSIP Value Ending Par Date Maturity Book Value Beginning Value Ending Book Accrued Beginning /Purchased Int.Received Accrued Ending Issuer Earned Interest Amortization/ Accretion Earned Net Income LAIF 9819499 01/01/2022 9,532,263.99LAIF 9,532,263.99 9,532,263.99 0.00 0.00 0.00 0.00 0.00 0.00 LAIF - Sub Total 9,532,263.99 9,532,263.99 9,532,263.99 0.00 0.00 0.00 0.00 0.00 0.00 Money Market Funds FGTXX 01/01/2022 191,208.65Goldman Sachs Govt MMF 876,189.83 191,208.65 20.78 20.78 21.00 21.00 0.00 21.00 Money Market Funds - Sub Total 191,208.65 876,189.83 191,208.65 20.78 20.78 21.00 21.00 0.00 21.00 U.S. Agencies 3130AAB49 12/10/2021 0.00FHLB 499,962.35 0.00 4,453.12 4,687.50 0.00 234.38 37.65 272.03 3135G0T78 10/05/2022 500,000.00FNMA 499,545.56 499,590.26 1,555.56 0.00 2,388.89 833.33 44.70 878.03 3133EKTV8 07/01/2024 500,000.00FFCB 499,948.25 499,949.97 3,958.33 0.00 4,750.00 791.67 1.72 793.39 3133EK3B0 10/16/2024 200,000.00FFCB 199,061.32 199,089.41 375.00 0.00 625.00 250.00 28.09 278.09 3130A4CH3 03/14/2025 500,000.00FHLB 530,641.65 529,839.38 2,539.93 0.00 3,529.51 989.58 -802.27 187.31 3136G4H71 08/12/2025 500,000.00FNMA 500,000.00 500,000.00 715.28 0.00 923.61 208.33 0.00 208.33 3137EAEX3 09/23/2025 500,000.00FHLMC 498,067.89 498,111.51 354.17 0.00 510.42 156.25 43.62 199.87 3130AQEC3 12/30/2026 500,000.00FHLB 0.00 500,000.00 0.00 0.00 19.03 19.03 0.00 19.03 U.S. Agencies - Sub Total 3,200,000.00 3,227,227.02 3,226,580.53 13,951.39 4,687.50 12,746.46 3,482.57 -646.48 2,836.09 U.S. Treasuries 912828ZD5 03/15/2023 500,000.00U.S. Treasury 502,376.19 502,219.46 531.77 0.00 745.86 214.09 -156.73 57.36 91282CAW1 11/15/2023 1,000,000.00U.S. Treasury 999,966.99 999,968.42 110.50 0.00 324.59 214.09 1.43 215.52 91282CBV2 04/15/2024 500,000.00U.S. Treasury 496,342.34 496,473.12 242.10 0.00 401.79 159.69 130.78 290.47 912828YV6 11/30/2024 1,000,000.00U.S. Treasury 1,031,926.19 1,031,023.17 41.21 0.00 1,318.68 1,277.47 -903.02 374.45 912828ZT0 05/31/2025 500,000.00U.S. Treasury 492,452.46 492,635.53 3.43 0.00 109.89 106.46 183.08 289.54 91282CAZ4 11/30/2025 1,000,000.00U.S. Treasury 990,356.84 990,561.45 10.30 0.00 329.67 319.37 204.61 523.98 91282CBH3 01/31/2026 500,000.00U.S. Treasury 495,292.81 495,388.63 626.70 0.00 784.65 157.95 95.81 253.76 91282CCF6 05/31/2026 1,000,000.00U.S. Treasury 1,002,206.85 1,002,165.21 20.60 0.00 659.34 638.74 -41.64 597.10 91282CCZ2 09/30/2026 500,000.00U.S. Treasury 493,113.10 493,234.06 745.19 0.00 1,117.79 372.60 120.96 493.56 U.S. Treasuries - Sub Total 6,500,000.00 6,504,033.77 6,503,669.06 2,331.80 0.00 5,792.26 3,460.46 -364.71 3,095.75 26,091,472.64Grand Total 26,131,622.96 26,144,075.81 48,004.78 14,101.22 53,458.76 19,555.20 -1,647.76 17,907.44 Run Date: 1/11/2022 - 11:38 AM Amortizing 25Lynwood Public Financing Authority - Page 23 of 25 Agenda Item # 2 Realized Gains and Losses City of Lynwood December 01, 2021 - December 31, 2021 Par Value Sale Date Days Held Maturity/Sales RealizedCUSIP Coupon Rate Maturity Date Book Value Proceeds Gain/LossPurchase Date TermIssuer U.S. Agencies 3130AAB49 500,000.0012/28/2016 12/10/2021 1,808 500,000.00 0.00 500,000.00 12/10/2021 1,808FHLB 1.875% Total U.S. Agencies 0.00 500,000.00 500,000.00 Grand Total 0.00 500,000.00 500,000.00 Run Date: 1/11/2022 - 11:38 AM Amortizing 26Lynwood Public Financing Authority - Page 24 of 25 Agenda Item # 2 Transaction Report City of Lynwood December 01, 2021 - December 31, 2021 Transaction Transaction Security Security Maturity Date Type ID Description Date Purchases Redemptions Interest Deposits Withdrawals 12/02/2021 Interest FGTXX GSGF - - 20.78 - - 12/10/2021 Interest 3130AAB49 FHLB 1 7/8 12/10/21 12/10/2021 - - 4,687.50 - - 12/10/2021 Maturity 3130AAB49 FHLB 1 7/8 12/10/21 12/10/2021 - 500,000.00 - - - 12/10/2021 Interest 27002YEM4 EGBN 2.6 05/10/22 05/10/2022 - - 529.97 - - 12/13/2021 Interest 33847E2J5 FBC 2 1/2 06/13/22 06/13/2022 - - 3,108.49 - - 12/13/2021 Interest 90348JR93 UBS 0.95 08/11/26 08/11/2026 - - 193.64 - - 12/20/2021 Purchase 78015DG61 ROYAL BK CAN NY 07/06/2022 -349,364.75 - - - - 12/20/2021 Interest 59013J5Z8 MERICK 3.35 02/21/23 02/21/2023 - - 682.85 - - 12/21/2021 Purchase 4497W1DM5 ING (US) FUNDING 04/21/2022 -349,717.67 - - - - 12/27/2021 Interest 29278TLY4 CMS 2 09/27/23 09/27/2023 - - 407.67 - - 12/27/2021 Interest 46849LSW2 JACLIF 2 1/2 06/27/22 06/27/2022 - - 3,125.00 - - 12/27/2021 Deposit - - - 0.01 - 12/27/2021 Deposit - - - 0.01 - 12/29/2021 Interest 20033AZK5 ADS 3.3 06/29/23 06/29/2023 - - 672.66 - - 12/30/2021 Interest 949763TF3 WFC 3.3 08/30/23 08/30/2023 - - 672.66 - - 12/30/2021 Purchase 3130AQEC3 FHLB 1.37 12/30/26 12/30/2026 -500,000.00 - - - - Grand Total:-1,199,082.42 500,000.00 14,101.22 0.02 0.00 Run Date: 1/11/2022 - 11:38 AM Amortizing 27Lynwood Public Financing Authority - Page 25 of 25 Agenda Item # 2 This 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 Lynwood Housing Authority TO BE HELD ON February 1, 2022 COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238 Duly Posted on 1/27/22 By MQ 6:00 PM 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY SECRETARY 3.ROLL CALL OF MEMBERS Jorge Casanova, Chair Jose Luis Solache, Vice Chair Oscar Flores, Commissioner Marisela Santana, Commissioner Rita Soto, Commissioner PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON-AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE LYNWOOD HOUSING AUTHORITY ON ITEMS WITHIN THE JURISDICTION OF THE LYNWOOD HOUSING AUTHORITY AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY LYNWOOD HOUSING AUTHORITY, BUT LYNWOOD HOUSING AUTHORITY 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).) Lynwood Housing Authority - Page 1 of 5 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. 4.APPROVAL OF THE WARRANT REGISTER-LHA Comments: City of Lynwood Housing Authority warrant register dated February 1, 2022 for FY 2021-2022. (FIN) Recommendation: Staff respectfully recommends that the Lynwood Housing Authority approve the warrant register dated February 1, 2022 for FY 2021-2022. ADJOURNMENT THE LYNWOOD HOUSING AUTHORITY MEETINGS WILL BE POSTED AS NEEDED. THE NEXT MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. Lynwood Housing Authority - Page 2 of 5 Agenda Item # 4. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Michael Blazenski, Interim Director of Finance & Administration Lilly Hampton, Senior Accounting Technician SUBJECT: APPROVAL OF THE WARRANT REGISTER-LHA Recommendation: Staff respectfully recommends that the Lynwood Housing Authority approve the warrant register dated February 1, 2022 for FY 2021-2022. Background: N/A Discussion and Analysis: N/A Fiscal Impact: FY 2021-2022 Coordinated With: City Manager City Attorney ATTACHMENTS: Description WARRANT RUN 2 1 22-LHA Lynwood Housing Authority - Page 3 of 5 Lynwood Housing Authority - Page 4 of 5 Lynwood Housing Authority - Page 5 of 5 This 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 of Lynwood as Successor Agency to the Lynwood Redevelopment Agency TO BE HELD ON February 1, 2022 COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238 Duly Posted on 1/27/22 By MQ 6:00 PM 1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY SECRETARY 3.ROLL CALL OF MEMBERS Jorge Casanova, Mayor Jose Luis Solache, Mayor Pro Tem Oscar Flores, Council Member Marisela Santana, Council Member Rita Soto, Council Member PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON-AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE LYNWOOD SUCCESSOR AGENCY ON ITEMS WITHIN THE JURISDICTION OF THE LYNWOOD SUCCESSOR AGENCY AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY LYNWOOD SUCCESSOR AGENCY, BUT LYNWOOD SUCCESSOR AGENCY MAY REFER THE Lynwood Successor Agency - Page 1 of 27 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. 4.APPROVAL OF THE WARRANT REGISTER-SA Comments: City of Lynwood Successor Agency warrant register dated February 1, 2022 for FY 2021-2022. (FIN) Recommendation: Staff respectfully recommends that the City Council of the Successor Agency approve the warrant register dated February 1, 2022 for FY 2021-2022. 5.TREASURER'S QUARTERLY REPORT Comments: The purpose of this item is to have the Honorable Mayor and the Lynwood City Council review the Treasurer’s Quarterly Investment Report as required by State Statutes. (CT) Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the quarter ending December 31, 2021. ADJOURNMENT CITY OF LYNWOOD AS SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY MEETINGS WILL BE POSTED AS NEEDED. THE NEXT MEETING WILL BE HELD IN THE COUNCIL CHAMBERS OF CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. Lynwood Successor Agency - Page 2 of 27 Agenda Item # 4. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of the City Council APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Michael Blazenski, Interim Director of Finance & Administration Lilly Hampton, Senior Accounting Technician SUBJECT: APPROVAL OF THE WARRANT REGISTER-SA Recommendation: Staff respectfully recommends that the City Council of the Successor Agency approve the warrant register dated February 1, 2022 for FY 2021-2022. Background: N/A Discussion and Analysis: N/A Fiscal Impact: FY 2021-2022 Coordinated With: City Manager City Attorney ATTACHMENTS: Description WARRANT RUN 2 1 2022-SA Lynwood Successor Agency - Page 3 of 27 vchlist 01/25/2022 Bank code: Voucher 5517 5518 5519 Check List 2:04:0&PM Successor Agency of the Lynwood Redevelopment Agency sa_usb Date Vendor 2/1/2022 007860 THE PUN GROUP, LLP 2/1/2022 000173 U.S. BANK TRUST 2/1/2022 003612 US BANK CORP. TRUST 3 Vouchers for bank code : sa_usb 3 Vouchers in this report Invoice 113203 1897607 6368180 6368182 PO# 02-002570 02-002566 02-002571 02-002571 Page: 1 Description/Account Amount - PROFESSIONAL SERVICES-CITY AUDIT 329.50 Total: 329.50 LRA TAXABLE BOND-2011 SER B 185,816.38 Total: 185,816.38 ADMINISTRATION FEES 1,000.00 ADMINISTRATION FEES 1,000.00 Total: 2,000.00 Bank total: 188,145.88 Total vouchers : 188,145.88 Page: 1 Lynwood Successor Agency - Page 4 of 27 Agenda Item # 5. AGENDA STAFF REPORT DATE: February 1, 2022 TO: Honorable Mayor and Members of City Council, as Successor to Lynwood Redvelopment Board APPROVED BY: Ernie Hernandez, City Manager PREPARED BY: Gabriela Camacho, City Treasurer Sheila Harding, Deputy City Treasurer SUBJECT: TREASURER'S QUARTERLY REPORT Recommendation: It is recommended that the City of Lynwood receive and file the attached Quarterly Investment Report. The following information provided in this report highlights the investment activity for the quarter ending December 31, 2021. Background: Due to the crisis caused by the Orange County investment pool, the State Legislature in 1995 enacted SB564 and SB866. These laws were enacted as State Statutes to impose certain mandates regarding investments with public funds. The statutes have imposed the following mandates: 1. Annual adoption of an Investment Policy that incorporates changes mandated by the State. 2. Quarterly Investment Reports presented to the Legislative Body or Board Members. 3. Restriction on the use of certain investment instruments. The purpose of the Treasurer’s report is to update the City Council and the public of the status of the City’s cash balances, investments and highlight changes from one period to another. This report includes reconciliation between cash and investment balances, a schedule of all investments, and a report providing information on all investment types, costs, interest rates, maturity dates and current market value. Reports prepared by FTN Main Street Capital Advisors are as follows: Portfolio Summary - Dash Board Investment Policy Compliance Report Historical Earnings & Book Return Performance Investment Activity Lynwood Successor Agency - Page 5 of 27 Portfolio Summary Holding Report Maturity Report Income Earned Summary Income Earned Transaction Report Discussion and Analysis: The market value of securities fluctuates, depending on how interest rates perform. When interest rates decrease, the market value of the securities in the City’s portfolio will likely increase and when the interest rates increase, the market value of the securities will likely decrease. The City’s practice is to buy and hold investments until maturity so changes in the market price do not affect the City’s investment principal. Short-term excess cash is primarily invested in the Local Agency Investment Fund (LAIF) administered by the State Treasurer. LAIF is a high quality investment available in terms of safety, liquidity and yield. The City’s cash and investment portfolio is sufficiently liquid to meet expected expenditures for the coming six months. The majority of property tax revenues are received from the County in December and April. The vast majority of cash held by the City is deposited into the Local Agency Investment Fund and can be withdrawn at any time. There are three petty cash funds totaling $3,300.00 currently being used by various departments. There are two change funds totaling $640.00; Water Billing $600.00 and Recreation $40.00. The total received from Urban Farming for the 2nd quarter reporting is $184,904.69. The total amount of Non-Sufficient Funds (NSF) from customers for the 2nd quarter reporting is $5,321.13 of which $1,367.81 has been collected. The remaining balance of Non-Sufficient Funds outstanding for the 2nd quarter is $3,953.32. The market valuation is provided by FTN Main Street Capital Advisors and all of the investments are in compliance with California Government Code Sections 53600 et seq. and the City’s investment policy. FHN Interest Received for 2nd Quarter OCT 19,096.57 82,203.56 NOV 18,555.52 100,759.08 DEC 17,907.44 118,666.52 Fiscal Impact: There is no fiscal impact. Coordinated With: FTN Financial Main Street Advisors ATTACHMENTS: Description Quarterly Report - December 2021 FHN - December 2021 Lynwood Successor Agency - Page 6 of 27 Schedule of City Cash & Investments:  This schedule provides information on the cash and investments managed by the City. Quarterly Interest Credit Money Market/Certificate of Deposit (CD)Balance Interest F/Y to Date JP Morgan Chase ‐ Section 108 MMA $125,269.88 3.11$                      6.22$                  JP Morgan Chase ‐ Money Market Account $1,881,918.84 46.74$                    93.48$                JP Morgan Chase ‐ Parking Enforcement $5,294,794.06 122.68$                  251.57$              US Bank ‐ City of Lynwood 4,539.63$ 0.04$                      0.07$                  Total $7,306,522.41 172.57$                  351.34$              Demand Deposits  General Account 28,593,915.14 US Bank ‐ Economic Development 10,696.54 US Bank ‐ Housing Authority A 45,778.23 US Bank ‐ Housing Authority B 18,000.09$                  US Bank ‐ City HCDA 78,719.79$                  US Bank ‐ City Home Program 776,533.96   US Bank ‐ Taxable Tabs 1,710,209.45$             US Bank ‐ Lyn Tr. Center Unf Wrkr 2,791.24$                   US Bank ‐ Money Market Account 49,028.48$                US Bank ‐ US Dept. of HUD/Section 108 170,048.96$              US Bank ‐ RORF Successor Agency 4,099,058.85 US Bank ‐ Low Mod Housing Trst Fnd/Rogel 19,685,967.27 US Bank ‐ Lynwood Disaster Relief Fund 5,000.00$                   US Bank ‐ Settlement Remittance Fund 340,637.36   US Bank ‐ Housing Authority 6,376.71$                   Total 55,592,762.07$         Money Market Fund  ‐ A Money Market fund is a type of mutual fund that invest in short term debt  securities of agenies of the U.S. Government, banks, corporations and U.S. Treasury Bills.  Some advantages of a money market fund over savings and CDs are high liquidity, low risk, and competive yields.   The City currently has a total of five MMA accounts within the City's investment portfolio. Certificate of Deposit  ‐ A Certificate of Deposit or CD, is a time deposit.  They are similar to savings  accounts in that they are insured and relatively risk‐free.  They are different from savings accounts in that  they usually are for a fixed term and a fixed interest rae.  CDs are inteded to be held until maturity, at which  time, the money may be withdrawn together with the accrued interest.  The City currently has one CD within the City's investment portfolio Demand Deposits  ‐ Also known as "cash in the bank", this is the balance of the City's checking account with  US Bank, from which virtually all obligations are paid. CITY OF LYNWOOD QUARTERLY INVESTMENT REPORT December 31, 2021 Lynwood Successor Agency - Page 7 of 27 Quarter Ending Date Interest Issuer Investment Balance Interest Received Rate State of California LAIF 9,532,263.99 7,096.92 10/15/2021 0.23% Local Agency Investment Fund (LAIF): The Local Agency Investment Fund is managed by the State Treasurer's Office Investment Division through the Pooled Money  Investment Account (PIMA).  The LAIF allows cities, counties and special districts to place money in a major portfolio and to use the expertise of their Investment Division staff, with no additional cost to taxpayers.  Participating agencies can withdraw their funds from the LAIF at any time.  The State Treasurer invests money safely and prudently while minimizing the service costs and maximizing the service costs and maximizing the investment yields. These investments help manage cash flow and enhance financial security.  The interest earned from the LAIF is distribued quarterly. (See Chart Below) 181.4 Billion 12/31/2021 CITY OF LYNWOOD QUARTERLY REPORT December 31, 2021 LAIF Daily Yield .65%  ‐  Quarter to Date 0.80% ‐ Average Days to Maturity 169 Pooled Money Investment Account Monthly Portfolio Composition 0 0.2 0.4 0.6 0.8 1 Loans Corporate Bonds Commercial Paper Now Accounts Time Deposits CDs/BNs Agencies Mortgages Treasuries 1 0.41% 0.17% 6.33% 0.00% 2.10% 7.39% 18.20% 0.00% Dec 2021.xlsLynwood Successor Agency - Page 8 of 27 PAR MARKET BOOK INVESTMENTS VALUE VALUE VALUE *Money Market Funds 191,208.65$             191,208.65$             191,208.65$              LAIF 9,532,263.99$          9,532,263.99$          9,532,263.99$           Corporate Notes 2,000,000.00$          2,073,152.50$          2,024,595.71$           Commercial Paper 700,000.00$             699,093.33$             699,140.97$              Federal Agency 3,200,000.00$          3,220,669.00$          3,226,580.53$           Treasury Coupon Securities 6,500,000.00$          6,415,220.00$          6,503,669.06$           CD‐FDIC 3,968,000.00$          4,023,844.89$          3,966,616.90$           TOTAL 26,091,472.64$        26,155,452.36$        26,144,075.81$         *Money Market Fund held at Goldman Sach Schedule of City Cash & Investments:  This schedule provides information on the cash and investments managed by the City. Time Deposit/MM/Certificate of Deposit Balance Maturity Date Interest JP Morgan Chase (Section 108) 125,269.88$             N/A 3.11$                          JP Morgan Chase ‐ Money Market Account 1,881,918.84$          N/A 46.74$                        JP Morgan Chase ‐ Parking Enforcement 5,294,794.06$          N/A 122.68$                      US Bank ‐ City of Lynwood 4,539.63$                  N/A 0.04$                          TOTAL 7,306,522.41$          172.57$                      Corporate Checking Accounts Balance General Account 28,593,915.14$         US Bank ‐ City HCDA 78,719.79$                US Bank ‐ City Home Program 776,533.96$              US Bank ‐ Economic Development 10,696.54$                US Bank ‐ Housing Authority A 45,778.23$                US Bank ‐ Housing Authority B 18,000.09$                US Bank ‐ Lyn Tr. Center Unf Wrkr 2,791.24$                   US Bank ‐ City of Lynwood 49,028.48$                US Bank ‐ RORF Successor Agency 4,099,058.85$           US Bank ‐ Low Mod Housing Trst Fnd/Rogel 19,685,967.27$         US Bank ‐ Taxable Tabs Housing Proj. 1,710,209.45$           US Bank ‐ US Dept. of HUD/Section 108 170,048.96$              US Bank ‐ Lynwood Disaster Relief Fund 5,000.00$                   US Bank ‐ Settlement Remittance Fund 340,637.36$              US Bank ‐ Housing Authority 6,376.71$                   TOTAL 55,592,762.07$                             CITY OF LYNWOOD QUARTERLY REPORT 31‐Dec‐21 PORTFOLIO SUMMARY Dec 2021.xlsLynwood Successor Agency - Page 9 of 27 AVERAGE MARKET PERCENTAGE (%) DAYS TO DESCRIPTION VALUE PORTFOLIO MATURITY INVESTMENTS* 26,155,452.36 100% * CERTIFICATE OF DEPOSIT/TIME DEPOSIT/ MONEY MARKET/CUSTODY HOLDINGS 7,306,522.41 CHECKING ACCOUNT 55,592,762.07   TOTAL AVERAGES 62,899,284.48$             TOTAL INVESTMENTS & AVERAGES 89,054,736.84$             ZtuÜ|xÄt VtÅtv{ÉBf{x|Ät [tÜw|Çz Gabriela Camacho/Sheila Harding I certify that this report accurately reflects all pooled  City Treasurer/Deputy Treasurer investment policy statements adopted by the City Council  on  August 15, 1995. A copy of this policy is available  at  the office of the City Clerk.  The Investment Program herein  shown provides sufficient cash flow liquidy to meet 3 to 6  months estimated expenditures. *See Report Prepared by Main Street Capital Advisors CITY OF LYNWOOD QUARTERLY REPORT December 31, 2021 MASTER SUMMARY Dec 2021.xlsLynwood Successor Agency - Page 10 of 27 Jan ‐ Mar Apr ‐ June July ‐ Sept Oct ‐ Dec Investments Managed by Main Street $29,709,667.39 $29,758,531.25 26,244,509.47 $26,155,452.36 Cash & Investments $21,238,183.32 30,737,800.38 37,237,880.58 $62,899,284.48 Per Treasurer's Reports 50,947,850.71 60,496,331.63$    $63,482,390.05 $89,054,736.84 Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account*17,763,447.46$    5,514,713.35$      6,416,494.69$     16,861,666.12$    *Local Agency Investment Fund 9,525,167.07$      7,096.92$               ‐$                      9,532,263.99$      US Bank ‐ Economic Development 10,696.54$             ‐$                         ‐$                      10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,327,840.85$      228,484.00$        4,099,356.85$      US Bank ‐ Low Mod Housing Trust 5,010,704.89$       ‐$                        525,233.00$        4,485,471.89$      Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account*16,861,666.12$    15,734,219.57$    4,889,470.59$     27,706,415.10$    *Local Agency Investment Fund 9,532,263.99$       ‐$                         ‐$                      9,532,263.99$      US Bank ‐ Economic Development 10,696.54$            10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,099,356.85$      298.00$                4,099,058.85$      US Bank ‐ Low Mod Housing Trust 4,485,471.89$      4,485,471.89$      Accounts Balances per Statement Beginning Credits Debits Ending US Bank ‐ General Account 27,706,415.10$    10,051,845.58$    9,164,345.54$     28,593,915.14$    *Local Agency Investment Fund 9,532,263.99$       ‐$                        9,532,263.99$      US Bank ‐ Economic Development 10,696.54$             ‐$                         ‐$                      10,696.54$           US Bank ‐ RORF ‐ Successor Agency 4,099,058.85$       ‐$                        4,099,058.85$      US Bank ‐ Low Mod Housing Trust 4,485,471.89$      17,410,460.25$    2,209,964.87 19,685,967.27$    QUARTERLY TOTAL OF DEBITS/CREDITS 48,718,335.67$    23,434,290.69$   *Most Active Accounts *Funds transferred from LAIF account to the general account to cover expenditures 2021 Oct‐21 Nov‐21 Dec‐21 CITY OF LYNWOOD QUARTERLY REPORT 31‐Dec‐21 MONTHLY BALANCES PER STATEMENT DEMAND DEPOSIT ACCOUNTS ‐ MOST ACTIVE BALANCES PER QUARTER Lynwood Successor Agency - Page 11 of 27 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 2 Portfolio Summary City of Lynwood 12/31/2021 SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (MOODY'S) ACCOUNT SUMMARY MONTH-END PORTFOLIO BOOK YIELD TOP ISSUERS 12/31/21 11/30/21 Issuer % Portfolio Market Value $26,155,452 $26,188,783 LAIF 36.5% Book Value $26,144,076 $26,131,623 U.S. Treasury 24.9% Variance $11,377 $57,160 FHLB 3.9% FNMA 3.8% Par Value $26,091,473 $26,076,454 FFCB 2.7% JPMorgan 1.9% Net Asset Value $100.04 $100.22 FHLMC 1.9% ING US Funding 1.3% Book Yield 0.91%0.91%Royal Bank of Canada 1.3% Exxon Mobil 1.0% Market Yield 0.56%0.48%Toyota 1.0% US Bancorp 1.0% Years to Maturity 1.66 1.60 MetLife 1.0% Jackson National Life 1.0% Effective Duration 1.54 1.56 New York Life 1.0% Ja n - 2 1 Fe b - 2 1 Ma r - 2 1 Ap r - 2 1 Ma y - 2 1 Ju n - 2 1 Ju l - 2 1 Au g - 2 1 Se p - 2 1 Oc t - 2 1 No v - 2 1 De c - 2 1 0.00% 0.20% 0.40% 0.60% 0.80% 1.00% 1.20% 0.7% 2.7% 7.7% 12.3% 15.2% 24.9% 36.5% MMF CP CORP AGY CD TSY LAIF 100%75%50%25%0% 47.5% 12.4%13.3%14.4%12.4% 0-1Y 1-2Y 2-3Y 3-4Y 4-5Y+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 51.6% 2.9% 1.9% 1.0% 1.0% 38.9% 2.7% NR A3 A2 A1 Aa3 Aa2 Aa1 Aaa P-1 100%75%50%25%0% 2Lynwood Successor Agency - Page 12 of 27 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 3 Investment Policy Compliance City of Lynwood 12/31/2021 Category Book Value % of Portfolio % Allowed by Policy In ComplianceReserved row US Treasuries 6,503,669.06 24.88%100%Yes US Federal Agencies 3,226,580.53 12.34%100%Yes Supranational Obligations 0.00 0.00%30%Yes LAIF 9,532,263.99 36.46%100%Yes Commercial Paper 699,140.97 2.67%25%Yes Money Market Funds 191,208.65 0.73%20%Yes Negotiable Certificates of Deposit 3,966,616.90 15.17%30%Yes Corporate Obligations 2,024,595.71 7.74%30%Yes State and Local Governments 0.00 0.00%100%Yes Total 26,144,075.81 100.00% Other Metrics Portfolio Metric In Compliance Weighted Average Maturity 1.66 Less than 3.0 Years Yes Liquidity 47.48%30% Under 365 Days Yes Ratings Yes 3Lynwood Successor Agency - Page 13 of 27 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 12 Historical Earnings & Book Return Performance City of Lynwood 12/31/2021 Fiscal YTD ($K)Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 2020 $65.050 $31.666 $187.208 $249.056 $303.058 $354.899 $410.103 $456.891 $498.400 $552.596 $586.799 $623.500 FY 2021 $35.200 $66.215 $94.922 $120.389 $147.318 $173.870 $199.724 $223.094 $247.869 $271.162 $294.542 $316.873 FY 2022 $18.153 $37.347 $56.010 $82.204 $100.760 $118.668 Fiscal YTD Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Book Return 0.77%0.78%0.81%0.90%0.89%0.88% Fiscal Year-To-Date Earnings Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun $0 $100 $200 $300 $400 $500 $600 $700 Th o u s a n d s FY 2020 FY 2021 FY 2022 Fiscal Year-To-Date Book Return Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 0.00% 0.25% 0.50% 0.75% 1.00% 1.25% 1.50% 11Lynwood Successor Agency - Page 14 of 27 Run Date: 1/11/2022 - 11:37 AM Amortizing Page 15 Investment Activity City of Lynwood 12/31/2021 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Positions 37 38 37 38 37 38 40 40 40 41 41 43 Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Purchases 0 1 0 1 0 1 5 1 0 1 1 3 Redemptions 0 1 0 1 0 2 1 1 0 0 1 1 Total 0 2 0 2 0 3 6 2 0 1 2 4 Number of Positions at Month End Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 34 35 36 37 38 39 40 41 42 43 44 Po s i t i o n s Purchases and Redemptions* (Excluding MMF/LGIP) Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 0 2 4 6 8 10 Nu m b e r o f T r a n s a c t i o n s Purchases Redemptions *Redemptions include maturities,calls,and sells 14Lynwood Successor Agency - Page 15 of 27 Portfolio Summary City of Lynwood December 31, 2021 Investments Par Value Book Value % of Portfolio YTMMaturity Days to Market Value Book Certificates of Deposit 3,968,000.00 3,966,616.90 15.17 2.28 746 4,023,844.89 Commercial Paper 700,000.00 699,140.97 2.67 0.29 149 699,093.33 Corporate Bonds 2,000,000.00 2,024,595.71 7.74 2.52 705 2,073,152.50 LAIF 9,532,263.99 9,532,263.99 36.46 0.20 1 9,532,263.99 Money Market Funds 191,208.65 191,208.65 0.73 0.03 1 191,208.65 U.S. Agencies 3,200,000.00 3,226,580.53 12.34 1.17 1,137 3,220,669.00 U.S. Treasuries 6,500,000.00 6,503,669.06 24.88 0.56 1,178 6,415,220.00 26,144,075.81 100.00 605 26,155,452.36 0.91 26,091,472.64 Investments December 31 Month Ending Fiscal Year To DateTotal Earnings Current Year 17,907.44 118,667.68 Average Daily Balance 26,137,454.74 26,840,896.77 Book Rate of Return 0.81% 0.88% Run Date: 1/11/2022 - 11:37 AM Amortizing 15Lynwood Successor Agency - Page 16 of 27 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Certificates of Deposit 27002YEM4 248,000.00EagleBank 05/10/2019 248,000.00 100.84 250,076.38 0.95% NR/NR 0.3605/10/2022 2,076.38 NR 0.39 388.65 2.60% 248,000.00 0.27%2.600% 33847E2J5 248,000.00Flagstar Bank 06/12/2019 248,000.00 101.00 250,481.70 0.95% NR/NR 0.4506/13/2022 2,481.70 NR 0.48 339.73 2.50% 248,000.00 0.28%2.500% 1404203Z1 248,000.00Capital One Bank USA 08/03/2017 247,417.20 101.17 250,894.08 0.95% NR/NR 0.5908/02/2022 2,962.42 NR 0.61 2,375.36 2.35% 247,931.66 0.31%2.300% 795450D36 248,000.00Sallie Mae Bank 08/24/2017 247,417.20 101.31 251,258.42 0.95% NR/NR 0.6408/23/2022 3,333.46 NR 0.67 2,091.69 2.40% 247,924.95 0.31%2.350% 61747MF63 248,000.00Morgan Stanley Bank 01/12/2018 247,417.20 102.15 253,329.53 0.95% NR/NR 1.0301/11/2023 5,449.60 NR 1.03 3,132.95 2.70% 247,879.93 0.55%2.650% 59013J5Z8 248,000.00Merrick Bank 12/19/2018 247,516.40 103.16 255,832.56 0.95% NR/NR 1.1402/21/2023 7,964.80 NR 1.13 318.66 3.41% 247,867.76 0.57%3.350% 20033AZK5 248,000.00Comenity Capital Bank 06/29/2018 247,427.12 103.87 257,585.23 0.95% NR/NR 1.4906/29/2023 9,756.21 NR 1.46 67.27 3.40% 247,829.01 0.70%3.300% 38148PR33 248,000.00Goldman Sachs Bank 07/09/2018 247,432.08 103.86 257,580.23 0.95% NR/NR 1.5107/06/2023 9,752.19 NR 1.48 4,013.52 3.35% 247,828.04 0.73%3.300% 949763TF3 248,000.00Wells Fargo Bank NA 08/31/2018 247,429.60 104.20 258,418.40 0.95% NR/NR 1.6608/30/2023 10,608.12 NR 1.63 44.84 3.35% 247,810.28 0.76%3.300% 29278TLY4 248,000.00EnerBank 09/30/2019 247,523.84 102.06 253,118.52 0.95% NR/NR 1.7409/27/2023 5,325.90 NR 1.73 67.95 2.05% 247,792.62 0.80%2.000% 17312Q3B3 248,000.00Citibank 02/28/2019 247,427.12 104.41 258,934.99 0.95% NR/NR 2.1602/27/2024 11,182.35 NR 2.09 2,588.71 3.05% 247,752.64 0.93%3.000% 32100LCB9 248,000.00First Missouri State Bank 09/13/2019 248,000.00 102.04 253,061.26 0.95% NR/NR 2.7009/13/2024 5,061.26 NR 2.65 1,382.68 1.85% 248,000.00 1.08%1.850% 05580AXF6 248,000.00BMW Bank 09/25/2020 248,000.00 97.23 241,127.52 0.95% NR/NR 3.7409/25/2025 -6,872.48 NR 3.73 332.93 0.50% 248,000.00 1.26%0.500% 856283S98 248,000.00State Bank of India 04/27/2021 248,000.00 98.67 244,712.46 0.95% NR/NR 4.3204/27/2026 -3,287.54 NR 4.25 448.44 1.00% 248,000.00 1.32%1.000% 89235MLC3 248,000.00Toyota Financial Savings Bank 07/15/2021 248,000.00 98.30 243,794.48 0.95% NR/NR 4.5407/15/2026 -4,205.52 NR 4.45 1,097.32 0.95% 248,000.00 1.34%0.950% 90348JR93 248,000.00UBS Bank USA 08/11/2021 248,000.00 98.24 243,639.15 0.95% NR/NR 4.6108/11/2026 -4,360.85 NR 4.52 135.55 0.95% 248,000.00 1.34%0.950% 3,963,007.76 4,023,844.89 15.17% 2.04 3,966,616.90 2.28% 3,968,000.00 0.78% 18,826.25 57,228.00 2.02Total Certificates of Deposit Commercial Paper Run Date: 1/11/2022 - 11:37 AM Amortizing 16Lynwood Successor Agency - Page 17 of 27 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Commercial Paper 4497W1DM5 350,000.00ING US Funding LLC 12/21/2021 349,717.67 99.95 349,807.91 1.34% P-1/A-1 0.3004/21/2022 66.92 NR 0.00 0.00 0.24% 349,740.99 0.19%0.000% 78015DG61 350,000.00Royal Bank of Canada, NY 12/20/2021 349,364.75 99.80 349,285.42 1.34% P-1/A-1+ 0.5107/06/2022 -114.57 F1+ 0.00 0.00 0.33% 349,399.98 0.40%0.000% 699,082.42 699,093.33 2.67% 0.41 699,140.97 0.29% 700,000.00 0.30% 0.00 -47.65 0.00Total Commercial Paper Corporate Bonds 59217GCD9 250,000.00MetLife 11/02/2017 252,002.50 100.63 251,570.00 0.96% Aa3/AA- 0.2704/08/2022 1,448.29 AA- 0.30 1,527.43 2.46% 250,121.71 0.32%2.650% 46849LSW2 250,000.00Jackson National Life 07/12/2017 247,795.00 101.02 252,547.50 0.96% A2/A 0.4906/27/2022 2,764.91 A 0.51 69.44 2.69% 249,782.59 0.41%2.500% 90331HNV1 250,000.00US Bank 03/01/2019 253,307.50 103.99 259,965.00 0.96% A1/AA- 1.5607/24/2023 8,788.67 AA- 1.31 3,706.94 3.08% 251,176.33 0.83%3.400%06/23/2023 89236TFS9 250,000.00Toyota Motor Credit 02/28/2019 253,545.00 104.73 261,815.00 0.96% A1/A+ 2.0201/08/2024 10,340.28 A+ 1.96 4,024.65 3.03% 251,474.72 0.98%3.350% 46625HJX9 500,000.00JPMorgan Chase & Co 05/13/2019 515,115.00 105.83 529,160.00 1.94% A2/A- 2.3705/13/2024 22,005.57 AA- 2.30 2,416.67 2.97% 507,154.43 1.12%3.625% 64952WDL4 250,000.00New York Life 01/22/2020 249,102.50 102.11 255,262.50 0.95% Aaa/AA+ 3.0601/22/2025 5,811.47 AAA 2.98 2,208.33 2.08% 249,451.03 1.30%2.000% 30231GBH4 250,000.00Exxon Mobil 06/22/2020 272,752.50 105.13 262,832.50 1.02% Aa2/AA- 3.2203/19/2025 -2,602.41 NR 3.04 2,119.33 0.99% 265,434.91 1.36%2.992%02/19/2025 2,043,620.00 2,073,152.50 7.74% 1.93 2,024,595.71 2.52% 2,000,000.00 0.93% 16,072.79 48,556.78 1.85Total Corporate Bonds LAIF 9819499 9,532,263.99LAIF 10/15/2021 9,532,263.99 1.00 9,532,263.99 36.46% NR/NR 0.0001/01/2022 0.00 NR 0.00 0.00 0.20% 9,532,263.99 0.20%0.203% 9,532,263.99 9,532,263.99 36.46% 0.00 9,532,263.99 0.20% 9,532,263.99 0.20% 0.00 0.00 0.00Total LAIF Money Market Funds Run Date: 1/11/2022 - 11:37 AM Amortizing 17Lynwood Successor Agency - Page 18 of 27 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining Money Market Funds FGTXX 191,208.65Goldman Sachs Govt MMF 191,208.65 1.00 191,208.65 0.73% Aaa/AAA 0.0001/01/2022 0.00 NR 0.00 21.00 0.03% 191,208.65 0.03%0.026% 191,208.65 191,208.65 0.73% 0.00 191,208.65 0.03% 191,208.65 0.03% 21.00 0.00 0.00Total Money Market Funds U.S. Agencies 3135G0T78 500,000.00FNMA 11/30/2017 497,400.00 101.27 506,355.00 1.91% Aaa/AA+ 0.7610/05/2022 6,764.74 AAA 0.79 2,388.89 2.11% 499,590.26 0.33%2.000% 3133EKTV8 500,000.00FFCB 07/02/2019 499,900.00 103.04 515,175.00 1.91% Aaa/AA+ 2.5007/01/2024 15,225.03 AAA 2.46 4,750.00 1.90% 499,949.97 0.67%1.900% 3133EK3B0 200,000.00FFCB 10/17/2019 198,370.00 102.02 204,034.00 0.76% Aaa/AA+ 2.7910/16/2024 4,944.59 AAA 2.77 625.00 1.67% 199,089.41 0.77%1.500% 3130A4CH3 500,000.00FHLB 10/07/2020 541,330.00 104.21 521,045.00 2.03% Aaa/AA+ 3.2003/14/2025 -8,794.38 AAA 3.11 3,529.51 0.49% 529,839.38 1.04%2.375% 3136G4H71 500,000.00FNMA 08/18/2020 500,000.00 97.66 488,295.00 1.91% Aaa/AA+ 3.6208/12/2025 -11,705.00 AAA 3.59 923.61 0.50% 500,000.00 1.16%0.500%02/18/2022 3137EAEX3 500,000.00FHLMC 10/20/2020 497,505.00 97.32 486,575.00 1.91% Aaa/AA+ 3.7309/23/2025 -11,536.51 AAA 3.73 510.42 0.48% 498,111.51 1.11%0.375% 3130AQEC3 500,000.00FHLB 12/30/2021 500,000.00 99.84 499,190.00 1.91% Aaa/AA+ 5.0012/30/2026 -810.00 AAA 0.00 19.03 1.37% 500,000.00 1.40%1.370%06/30/2022 3,234,505.00 3,220,669.00 12.34% 3.12 3,226,580.53 1.17% 3,200,000.00 0.94% 12,746.46 -5,911.53 2.32Total U.S. Agencies U.S. Treasuries 912828ZD5 500,000.00U.S. Treasury 12/16/2020 504,140.63 100.04 500,195.00 1.92% Aaa/AA+ 1.2003/15/2023 -2,024.46 AAA 1.23 745.86 0.13% 502,219.46 0.47%0.500% 91282CAW1 1,000,000.00U.S. Treasury 07/22/2021 999,960.94 99.19 991,880.00 3.82% Aaa/AA+ 1.8711/15/2023 -8,088.42 AAA 1.90 324.59 0.25% 999,968.42 0.69%0.250% 91282CBV2 500,000.00U.S. Treasury 11/22/2021 496,308.59 99.02 495,080.00 1.90% Aaa/AA+ 2.2904/15/2024 -1,393.12 AAA 2.31 401.79 0.69% 496,473.12 0.81%0.375% 912828YV6 1,000,000.00U.S. Treasury 07/22/2021 1,035,742.19 101.60 1,015,980.00 3.94% Aaa/AA+ 2.9211/30/2024 -15,043.17 AAA 2.89 1,318.68 0.43% 1,031,023.17 0.94%1.500% 912828ZT0 500,000.00U.S. Treasury 06/29/2021 491,542.97 97.31 486,525.00 1.88% Aaa/AA+ 3.4205/31/2025 -6,110.53 AAA 3.43 109.89 0.69% 492,635.53 1.06%0.250% Run Date: 1/11/2022 - 11:37 AM Amortizing 18Lynwood Successor Agency - Page 19 of 27 Holdings Report City of Lynwood December 31, 2021 Call Date Maturity Date Par Value Settle Date Book Value Original Value Mkt YTM Mkt Price Gain/Loss % of Port Fitch Moody/S&P Eff. Dur. WAM Accrued Int. Market Value CUSIP Coupon Rate Issuer Book Yield Remaining U.S. Treasuries 91282CAZ4 1,000,000.00U.S. Treasury 07/22/2021 989,492.19 97.02 970,230.00 3.79% Aaa/AA+ 3.9211/30/2025 -20,331.45 AAA 3.92 329.67 0.62% 990,561.45 1.15%0.375% 91282CBH3 500,000.00U.S. Treasury 02/25/2021 494,433.59 96.79 483,945.00 1.89% Aaa/AA+ 4.0901/31/2026 -11,443.63 AAA 4.08 784.65 0.60% 495,388.63 1.18%0.375% 91282CCF6 1,000,000.00U.S. Treasury 07/22/2021 1,002,382.81 98.00 980,000.00 3.83% Aaa/AA+ 4.4205/31/2026 -22,165.21 AAA 4.38 659.34 0.70% 1,002,165.21 1.22%0.750% 91282CCZ2 500,000.00U.S. Treasury 10/19/2021 492,949.22 98.28 491,385.00 1.89% Aaa/AA+ 4.7509/30/2026 -1,849.06 AAA 4.68 1,117.79 1.17% 493,234.06 1.25%0.875% 6,506,953.13 6,415,220.00 24.88% 3.23 6,503,669.06 0.56% 6,500,000.00 0.98% 5,792.26 -88,449.05 3.22Total U.S. Treasuries 26,170,640.95 26,155,452.36 100.00% 1.66 53,458.76 11,376.55 1.54 0.63% 26,144,075.81 0.91% 26,091,472.64TOTAL PORTFOLIO TOTAL MARKET VALUE PLUS ACCRUED INTEREST 26,208,911.12 Run Date: 1/11/2022 - 11:37 AM Amortizing 19Lynwood Successor Agency - Page 20 of 27 Maturity Report City of Lynwood December 31, 2021 CUSIP Date Purchase Value Book Rate Coupon Date Maturity Par Remaining Term Value Market YTMIssuer Days to Maturity Book FGTXX 0.026% 1Goldman Sachs Govt MMF 191,208.65 01/01/2022 1 0.03% 191,208.65 191,208.65 9819499 0.203% 1LAIF05/18/2020 9,532,263.99 01/01/2022 1 0.20% 9,532,263.99 9,532,263.99 59217GCD9 2.650% 1,520MetLife11/02/2017 250,121.71 04/08/2022 98 2.46% 250,000.00 251,570.00 4497W1DM5 0.000% 10ING US Funding LLC 12/21/2021 349,740.99 04/21/2022 111 0.24% 350,000.00 349,807.91 27002YEM4 2.600% 966EagleBank05/10/2019 248,000.00 05/10/2022 130 2.60% 248,000.00 250,076.38 33847E2J5 2.500% 933Flagstar Bank 06/12/2019 248,000.00 06/13/2022 164 2.50% 248,000.00 250,481.70 46849LSW2 2.500% 1,633Jackson National Life 07/12/2017 249,782.59 06/27/2022 178 2.69% 250,000.00 252,547.50 78015DG61 0.000% 11Royal Bank of Canada, NY 12/20/2021 349,399.98 07/06/2022 187 0.33% 350,000.00 349,285.42 1404203Z1 2.300% 1,611Capital One Bank USA 08/03/2017 247,931.66 08/02/2022 214 2.35% 248,000.00 250,894.08 795450D36 2.350% 1,590Sallie Mae Bank 08/24/2017 247,924.95 08/23/2022 235 2.40% 248,000.00 251,258.42 3135G0T78 2.000% 1,492FNMA11/30/2017 499,590.26 10/05/2022 278 2.11% 500,000.00 506,355.00 61747MF63 2.650% 1,449Morgan Stanley Bank 01/12/2018 247,879.93 01/11/2023 376 2.70% 248,000.00 253,329.53 59013J5Z8 3.350% 1,108Merrick Bank 12/19/2018 247,867.76 02/21/2023 417 3.41% 248,000.00 255,832.56 912828ZD5 0.500% 380U.S. Treasury 12/16/2020 502,219.46 03/15/2023 439 0.13% 500,000.00 500,195.00 20033AZK5 3.300% 1,281Comenity Capital Bank 06/29/2018 247,829.01 06/29/2023 545 3.40% 248,000.00 257,585.23 38148PR33 3.300% 1,271Goldman Sachs Bank 07/09/2018 247,828.04 07/06/2023 552 3.35% 248,000.00 257,580.23 90331HNV1 3.400% 1,036US Bank 03/01/2019 251,176.33 07/24/2023 570 3.08% 250,000.00 259,965.00 949763TF3 3.300% 1,218Wells Fargo Bank NA 08/31/2018 247,810.28 08/30/2023 607 3.35% 248,000.00 258,418.40 29278TLY4 2.000% 823EnerBank09/30/2019 247,792.62 09/27/2023 635 2.05% 248,000.00 253,118.52 91282CAW1 0.250% 162U.S. Treasury 07/22/2021 999,968.42 11/15/2023 684 0.25% 1,000,000.00 991,880.00 89236TFS9 3.350% 1,037Toyota Motor Credit 02/28/2019 251,474.72 01/08/2024 738 3.03% 250,000.00 261,815.00 17312Q3B3 3.000% 1,037Citibank02/28/2019 247,752.64 02/27/2024 788 3.05% 248,000.00 258,934.99 91282CBV2 0.375% 39U.S. Treasury 11/22/2021 496,473.12 04/15/2024 836 0.69% 500,000.00 495,080.00 46625HJX9 3.625% 963JPMorgan Chase & Co 05/13/2019 507,154.43 05/13/2024 864 2.97% 500,000.00 529,160.00 3133EKTV8 1.900% 913FFCB07/02/2019 499,949.97 07/01/2024 913 1.90% 500,000.00 515,175.00 32100LCB9 1.850% 840First Missouri State Bank 09/13/2019 248,000.00 09/13/2024 987 1.85% 248,000.00 253,061.26 3133EK3B0 1.500% 806FFCB10/17/2019 199,089.41 10/16/2024 1,020 1.67% 200,000.00 204,034.00 912828YV6 1.500% 162U.S. Treasury 07/22/2021 1,031,023.17 11/30/2024 1,065 0.43% 1,000,000.00 1,015,980.00 64952WDL4 2.000% 709New York Life 01/22/2020 249,451.03 01/22/2025 1,118 2.08% 250,000.00 255,262.50 3130A4CH3 2.375% 450FHLB10/07/2020 529,839.38 03/14/2025 1,169 0.49% 500,000.00 521,045.00 30231GBH4 2.992% 557Exxon Mobil 06/22/2020 265,434.91 03/19/2025 1,174 0.99% 250,000.00 262,832.50 912828ZT0 0.250% 185U.S. Treasury 06/29/2021 492,635.53 05/31/2025 1,247 0.69% 500,000.00 486,525.00 3136G4H71 0.500% 500FNMA08/18/2020 500,000.00 08/12/2025 1,320 0.50% 500,000.00 488,295.00 3137EAEX3 0.375% 437FHLMC10/20/2020 498,111.51 09/23/2025 1,362 0.48% 500,000.00 486,575.00 05580AXF6 0.500% 462BMW Bank 09/25/2020 248,000.00 09/25/2025 1,364 0.50% 248,000.00 241,127.52 91282CAZ4 0.375% 162U.S. Treasury 07/22/2021 990,561.45 11/30/2025 1,430 0.62% 1,000,000.00 970,230.00 Run Date: 1/11/2022 - 11:37 AM Amortizing 20Lynwood Successor Agency - Page 21 of 27 Maturity Report City of Lynwood December 31, 2021 CUSIP Date Purchase Value Book Rate Coupon Date Maturity Par Remaining Term Value Market YTMIssuer Days to Maturity Book 91282CBH3 0.375% 309U.S. Treasury 02/25/2021 495,388.63 01/31/2026 1,492 0.60% 500,000.00 483,945.00 856283S98 1.000% 248State Bank of India 04/27/2021 248,000.00 04/27/2026 1,578 1.00% 248,000.00 244,712.46 91282CCF6 0.750% 162U.S. Treasury 07/22/2021 1,002,165.21 05/31/2026 1,612 0.70% 1,000,000.00 980,000.00 89235MLC3 0.950% 169Toyota Financial Savings Bank 07/15/2021 248,000.00 07/15/2026 1,657 0.95% 248,000.00 243,794.48 90348JR93 0.950% 142UBS Bank USA 08/11/2021 248,000.00 08/11/2026 1,684 0.95% 248,000.00 243,639.15 91282CCZ2 0.875% 73U.S. Treasury 10/19/2021 493,234.06 09/30/2026 1,734 1.17% 500,000.00 491,385.00 3130AQEC3 1.370% 1FHLB12/30/2021 500,000.00 12/30/2026 1,825 1.37% 500,000.00 499,190.00 Net Maturities and Averages 26,144,075.81 605 0.91% 26,155,452.36 26,091,472.64 Run Date: 1/11/2022 - 11:37 AM Amortizing 21Lynwood Successor Agency - Page 22 of 27 Income Earned Summary City of Lynwood December 31, 2021 Fiscal Year To DateDecember 31 Month End Interest Interest Received/Purchased Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned During Period Total Adjustments for Amortization/Accretion Total Capital Gains or Losses Total Earnings During Period 14,101.22 142,829.65 53,458.76 53,458.76 -48,004.78 -67,702.76 19,555.20 128,585.65 -1,647.76 -9,917.97 0.00 0.00 17,907.44 118,667.68 Run Date: 1/11/2022 - 11:37 AM Amortizing 23Lynwood Successor Agency - Page 23 of 27 Income Earned City of Lynwood December 01, 2021 - December 31, 2021 CUSIP Value Ending Par Date Maturity Book Value Beginning Value Ending Book Accrued Beginning /Purchased Int.Received Accrued Ending Issuer Earned Interest Amortization/ Accretion Earned Net Income Certificates of Deposit 27002YEM4 05/10/2022 248,000.00EagleBank 248,000.00 248,000.00 370.98 529.97 388.65 547.64 0.00 547.64 33847E2J5 06/13/2022 248,000.00Flagstar Bank 248,000.00 248,000.00 2,921.64 3,108.49 339.73 526.58 0.00 526.58 1404203Z1 08/02/2022 248,000.00Capital One Bank USA 247,921.76 247,931.66 1,890.92 0.00 2,375.36 484.44 9.90 494.34 795450D36 08/23/2022 248,000.00Sallie Mae Bank 247,915.05 247,924.95 1,596.71 0.00 2,091.69 494.98 9.90 504.88 61747MF63 01/11/2023 248,000.00Morgan Stanley Bank 247,870.03 247,879.93 2,574.78 0.00 3,132.95 558.17 9.90 568.07 59013J5Z8 02/21/2023 248,000.00Merrick Bank 247,857.93 247,867.76 295.90 682.85 318.66 705.61 9.83 715.44 20033AZK5 06/29/2023 248,000.00Comenity Capital Bank 247,819.29 247,829.01 44.84 672.66 67.27 695.09 9.73 704.82 38148PR33 07/06/2023 248,000.00Goldman Sachs Bank 247,818.38 247,828.04 3,318.44 0.00 4,013.52 695.08 9.66 704.74 949763TF3 08/30/2023 248,000.00Wells Fargo Bank NA 247,800.59 247,810.28 22.42 672.66 44.84 695.08 9.69 704.77 29278TLY4 09/27/2023 248,000.00EnerBank 247,782.49 247,792.62 54.36 407.67 67.95 421.26 10.12 431.38 17312Q3B3 02/27/2024 248,000.00Citibank 247,742.91 247,752.64 1,956.82 0.00 2,588.71 631.89 9.73 641.62 32100LCB9 09/13/2024 248,000.00First Missouri State Bank 248,000.00 248,000.00 993.02 0.00 1,382.68 389.66 0.00 389.66 05580AXF6 09/25/2025 248,000.00BMW Bank 248,000.00 248,000.00 227.62 0.00 332.93 105.31 0.00 105.31 856283S98 04/27/2026 248,000.00State Bank of India 248,000.00 248,000.00 237.81 0.00 448.44 210.63 0.00 210.63 89235MLC3 07/15/2026 248,000.00Toyota Financial Savings Bank 248,000.00 248,000.00 897.22 0.00 1,097.32 200.10 0.00 200.10 90348JR93 08/11/2026 248,000.00UBS Bank USA 248,000.00 248,000.00 129.10 193.64 135.55 200.09 0.00 200.09 Certificates of Deposit - Sub Total 3,968,000.00 3,966,528.44 3,966,616.90 17,532.58 6,267.94 18,826.25 7,561.61 88.46 7,650.07 Commercial Paper 4497W1DM5 04/21/2022 350,000.00ING US Funding LLC 0.00 349,740.99 0.00 0.00 0.00 0.00 23.53 23.53 78015DG61 07/06/2022 350,000.00Royal Bank of Canada, NY 0.00 349,399.98 0.00 0.00 0.00 0.00 35.65 35.65 Commercial Paper - Sub Total 700,000.00 0.00 699,140.97 0.00 0.00 0.00 0.00 59.18 59.18 Corporate Bonds 59217GCD9 04/08/2022 250,000.00MetLife 250,160.60 250,121.71 975.35 0.00 1,527.43 552.08 -38.90 513.18 46849LSW2 06/27/2022 250,000.00Jackson National Life 249,744.29 249,782.59 2,673.61 3,125.00 69.44 520.83 38.29 559.12 90331HNV1 07/24/2023 250,000.00US Bank 251,241.10 251,176.33 2,998.61 0.00 3,706.94 708.33 -64.77 643.56 89236TFS9 01/08/2024 250,000.00Toyota Motor Credit 251,535.49 251,474.72 3,326.74 0.00 4,024.65 697.91 -60.77 637.14 46625HJX9 05/13/2024 500,000.00JPMorgan Chase & Co 507,414.75 507,154.43 906.25 0.00 2,416.67 1,510.42 -260.31 1,250.11 64952WDL4 01/22/2025 250,000.00New York Life 249,435.57 249,451.03 1,791.67 0.00 2,208.33 416.66 15.46 432.12 30231GBH4 03/19/2025 250,000.00Exxon Mobil 265,848.11 265,434.91 1,496.00 0.00 2,119.33 623.33 -413.20 210.13 Corporate Bonds - Sub Total 2,000,000.00 2,025,379.91 2,024,595.71 14,168.23 3,125.00 16,072.79 5,029.56 -784.20 4,245.36 LAIF Run Date: 1/11/2022 - 11:38 AM Amortizing 24Lynwood Successor Agency - Page 24 of 27 Income Earned City of Lynwood December 01, 2021 - December 31, 2021 CUSIP Value Ending Par Date Maturity Book Value Beginning Value Ending Book Accrued Beginning /Purchased Int.Received Accrued Ending Issuer Earned Interest Amortization/ Accretion Earned Net Income LAIF 9819499 01/01/2022 9,532,263.99LAIF 9,532,263.99 9,532,263.99 0.00 0.00 0.00 0.00 0.00 0.00 LAIF - Sub Total 9,532,263.99 9,532,263.99 9,532,263.99 0.00 0.00 0.00 0.00 0.00 0.00 Money Market Funds FGTXX 01/01/2022 191,208.65Goldman Sachs Govt MMF 876,189.83 191,208.65 20.78 20.78 21.00 21.00 0.00 21.00 Money Market Funds - Sub Total 191,208.65 876,189.83 191,208.65 20.78 20.78 21.00 21.00 0.00 21.00 U.S. Agencies 3130AAB49 12/10/2021 0.00FHLB 499,962.35 0.00 4,453.12 4,687.50 0.00 234.38 37.65 272.03 3135G0T78 10/05/2022 500,000.00FNMA 499,545.56 499,590.26 1,555.56 0.00 2,388.89 833.33 44.70 878.03 3133EKTV8 07/01/2024 500,000.00FFCB 499,948.25 499,949.97 3,958.33 0.00 4,750.00 791.67 1.72 793.39 3133EK3B0 10/16/2024 200,000.00FFCB 199,061.32 199,089.41 375.00 0.00 625.00 250.00 28.09 278.09 3130A4CH3 03/14/2025 500,000.00FHLB 530,641.65 529,839.38 2,539.93 0.00 3,529.51 989.58 -802.27 187.31 3136G4H71 08/12/2025 500,000.00FNMA 500,000.00 500,000.00 715.28 0.00 923.61 208.33 0.00 208.33 3137EAEX3 09/23/2025 500,000.00FHLMC 498,067.89 498,111.51 354.17 0.00 510.42 156.25 43.62 199.87 3130AQEC3 12/30/2026 500,000.00FHLB 0.00 500,000.00 0.00 0.00 19.03 19.03 0.00 19.03 U.S. Agencies - Sub Total 3,200,000.00 3,227,227.02 3,226,580.53 13,951.39 4,687.50 12,746.46 3,482.57 -646.48 2,836.09 U.S. Treasuries 912828ZD5 03/15/2023 500,000.00U.S. Treasury 502,376.19 502,219.46 531.77 0.00 745.86 214.09 -156.73 57.36 91282CAW1 11/15/2023 1,000,000.00U.S. Treasury 999,966.99 999,968.42 110.50 0.00 324.59 214.09 1.43 215.52 91282CBV2 04/15/2024 500,000.00U.S. Treasury 496,342.34 496,473.12 242.10 0.00 401.79 159.69 130.78 290.47 912828YV6 11/30/2024 1,000,000.00U.S. Treasury 1,031,926.19 1,031,023.17 41.21 0.00 1,318.68 1,277.47 -903.02 374.45 912828ZT0 05/31/2025 500,000.00U.S. Treasury 492,452.46 492,635.53 3.43 0.00 109.89 106.46 183.08 289.54 91282CAZ4 11/30/2025 1,000,000.00U.S. Treasury 990,356.84 990,561.45 10.30 0.00 329.67 319.37 204.61 523.98 91282CBH3 01/31/2026 500,000.00U.S. Treasury 495,292.81 495,388.63 626.70 0.00 784.65 157.95 95.81 253.76 91282CCF6 05/31/2026 1,000,000.00U.S. Treasury 1,002,206.85 1,002,165.21 20.60 0.00 659.34 638.74 -41.64 597.10 91282CCZ2 09/30/2026 500,000.00U.S. Treasury 493,113.10 493,234.06 745.19 0.00 1,117.79 372.60 120.96 493.56 U.S. Treasuries - Sub Total 6,500,000.00 6,504,033.77 6,503,669.06 2,331.80 0.00 5,792.26 3,460.46 -364.71 3,095.75 26,091,472.64Grand Total 26,131,622.96 26,144,075.81 48,004.78 14,101.22 53,458.76 19,555.20 -1,647.76 17,907.44 Run Date: 1/11/2022 - 11:38 AM Amortizing 25Lynwood Successor Agency - Page 25 of 27 Realized Gains and Losses City of Lynwood December 01, 2021 - December 31, 2021 Par Value Sale Date Days Held Maturity/Sales RealizedCUSIP Coupon Rate Maturity Date Book Value Proceeds Gain/LossPurchase Date TermIssuer U.S. Agencies 3130AAB49 500,000.0012/28/2016 12/10/2021 1,808 500,000.00 0.00 500,000.00 12/10/2021 1,808FHLB 1.875% Total U.S. Agencies 0.00 500,000.00 500,000.00 Grand Total 0.00 500,000.00 500,000.00 Run Date: 1/11/2022 - 11:38 AM Amortizing 26Lynwood Successor Agency - Page 26 of 27 Transaction Report City of Lynwood December 01, 2021 - December 31, 2021 Transaction Transaction Security Security Maturity Date Type ID Description Date Purchases Redemptions Interest Deposits Withdrawals 12/02/2021 Interest FGTXX GSGF - - 20.78 - - 12/10/2021 Interest 3130AAB49 FHLB 1 7/8 12/10/21 12/10/2021 - - 4,687.50 - - 12/10/2021 Maturity 3130AAB49 FHLB 1 7/8 12/10/21 12/10/2021 - 500,000.00 - - - 12/10/2021 Interest 27002YEM4 EGBN 2.6 05/10/22 05/10/2022 - - 529.97 - - 12/13/2021 Interest 33847E2J5 FBC 2 1/2 06/13/22 06/13/2022 - - 3,108.49 - - 12/13/2021 Interest 90348JR93 UBS 0.95 08/11/26 08/11/2026 - - 193.64 - - 12/20/2021 Purchase 78015DG61 ROYAL BK CAN NY 07/06/2022 -349,364.75 - - - - 12/20/2021 Interest 59013J5Z8 MERICK 3.35 02/21/23 02/21/2023 - - 682.85 - - 12/21/2021 Purchase 4497W1DM5 ING (US) FUNDING 04/21/2022 -349,717.67 - - - - 12/27/2021 Interest 29278TLY4 CMS 2 09/27/23 09/27/2023 - - 407.67 - - 12/27/2021 Interest 46849LSW2 JACLIF 2 1/2 06/27/22 06/27/2022 - - 3,125.00 - - 12/27/2021 Deposit - - - 0.01 - 12/27/2021 Deposit - - - 0.01 - 12/29/2021 Interest 20033AZK5 ADS 3.3 06/29/23 06/29/2023 - - 672.66 - - 12/30/2021 Interest 949763TF3 WFC 3.3 08/30/23 08/30/2023 - - 672.66 - - 12/30/2021 Purchase 3130AQEC3 FHLB 1.37 12/30/26 12/30/2026 -500,000.00 - - - - Grand Total:-1,199,082.42 500,000.00 14,101.22 0.02 0.00 Run Date: 1/11/2022 - 11:38 AM Amortizing 27Lynwood Successor Agency - Page 27 of 27