HomeMy Public PortalAbout2023-03-21-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.
AGE N D A
City Council Regular Mee ting
TO BE HE L D ON
March 21, 2023
CO U N C I L C H A MB ERS - 11350 BULLI S RD. LY NWOOD, CA 90262 or We b
confe rence via ZOO M - To participate v ia Zoom or by telephone : 1-669-900-9128
or 1-253-215-8782 Mee ting I D: 835 2029 8238
Duly Posted on 3/17/23 by MQ
6:00 PM
1.C ALL TO OR D ER
2.C E R T IF IC ATION OF AGE N D A P OS T IN G B Y C ITY C LER K
3.R OL L C AL L OF C OU N C IL ME MB E R S
O scar F lores, Mayor
R ita S oto, Mayor P ro Tem
Gabriela C amacho, C ouncil Member
Juan Munoz-Guevara, C ouncil Member
Jos e Luis S olache, C ouncil Member
4.P L E D GE OF AL LEGIAN C E
5.IN V OC AT ION
6.P R E S E N TATION S/P R OC L AMAT ION S
Update on Law E nforcement Issues
C ity C ouncil Members Reporting on Meetings A ttended (Gov. C ode S ection 53232.3 (D )).
C ity Video(s)
C lean P ower A lliance P resentation
7.C OU N C IL R E C ESS TO:
City Council Regular Meeting - Page 1 of 241
Lynwood S uccessor Agency
Lynwood Housing Authority
Lynwood Utility Authority
Lynwood P ublic Financing Authority
P U B L IC OR AL C OMMU N IC AT ION S
(Regarding Agenda Items Only)
N ON-AGE N D A P U B LIC OR AL C OMMU N IC AT ION S
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).)
P U B L IC H EAR IN G
8.H OME -AR P AL LOC AT ION P L AN
Comments:
The C ity C ouncil will conduct a public hearing and take public testimony on the S ubstantial
Amendment No. #1 regarding the HO ME -AR P Allocation P lan and approve the allocation of HO ME -
AR P funds to address homelessness in the C ity. (C D )
Recommendation:
It i s recommended that the C ity C ouncil take the following actions:
1. C onduct a publi c hearing and take public testimony on the S ubstantial A mendment No. #1
regarding the HOM E -A R P A llocation P lan
2. A pprove a Resolution approving S ubstantial A mendment No. 1 to the F iscal Year 2021-
2022 C D B G A nnual A ction P lan allocating HOME -A RP funds to address homelessness in
the C i ty and approving the HOM E -A R P A llocation P lan; and authorizing the C i ty Manager,
or designee, to submit to the U.S . D epartment of Housing and Urban D evelopment; and
3. A uthorize the C ity Manager or the C ommunity D evelopment D irector to execute all
appropriate and necessary documents to receive funding and implement approved use.
9.R E N E WAL OF TOR R AN C E P IP E L IN E C OMP LAN Y, L LC, P IPEL IN E F R AN C H IS E ;
R E-OP E N P U B L IC H EAR IN G; R E C OMME N D IN T R OD U C T ION F OR F IR S T
R E AD IN G AN OR D IN AN C E E S TAB L IS H IN G TH E FR AN C H IS E
Comments:
Torrance P i peline C ompany L L C is requesting to extend the existing pipeline agreement for an
additional 10 years with annual payments to the municipality per lease agreement rates. The
adopti on of a new Ordinance, resolution and public hearing i s required in order to comply with
P ubli c Uti lities C ode S ection 6232. (C D )
Recommendation:
S taff recommends that the C ity C ouncil:
Re-Open public hearing concerning renewal of the franchise agreement
Introduce for first readi ng by title only of the attached ordinance entitled, "A N O R D INA NC E
O F TH E C ITY C OUNC IL OF THE C ITY OF LYNW OOD GRA NTING A
NO NE X C L US IV E F RA NC HIS E TO TORRA NC E P IP E L INE C O M PA NY TO
O P E RATE A ND M A INTA IN A P IP E L INE S YS TE M F OR TH E TRA NS P O RTATIO N
O F OIL A ND GA S U N D E R C E RTA IN P UB L IC WAYS A N D P UB L IC P L A C E S IN
THE C ITY OF LYNW OOD ; S E TTING F O RTH C OND ITIONS A C C OM PA NYING A
G RA NT OF N ONE X C L US IV E F RA NC HIS E ; P RO V ID ING F O R A M OUNT A ND
City Council Regular Meeting - Page 2 of 241
ME THO D OF PAYM E NT B Y F R A N C HIS E E F OR THE P RIV IL E GE GRA NTE D , A ND
P RO V ID ING F OR THE TE RM O F THE NO NE X C L US IV E F RA NC H IS E "
Make a determinati on regarding whether the introduction for a first reading of an ordinance
approving a development agreement is exempt from further C E Q A review pursuant to
A dministrative C ode, Title 14, C hapter 3, S ection 15301(a), C lass 1, E xisting F acili ti es,
because the proposed project contemplated by the development agreement is a renewal of
an existing pipeline franchise with no expansion of use.
C ON SEN T C AL E N D AR
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.
10.AP P R OVAL OF T H E WAR R AN T R E GIS TE R
Comments:
C ity of Lynwood warrant register dated March 21, 2023 for F Y 2022-2023. (F IN)
Recommendation:
S taff respectfully recommends that the C ity C ouncil of the C i ty of Lynwood approve the warrant
register dated March 21, 2023 for F Y 2022-2023.
11.P R E V IOU S MEET IN G MIN U T E S
Comments:
A pproving previous meeting minutes for Lynwood C ity C ouncil (C C )
October 4, 2022 Regular C ity C ouncil Meeting
November 1, 2022 Regular C losed S essi on Meeting
November 1, 2022 Regular C ity C ouncil Meeting
D ecember 6, 2022 Regular C ity C ounci l Meeting
D ecember 20. 2022 Regular C ity C ouncil Meeti ng
March 7, 2023 Regular C ity C ouncil C losed S essi on Meeting
March 7, 2023 Regular C ity C ouncil Meeti ng
Recommendation:
S taff recommends that the Lynwood C ity C ouncil approve the following minutes:
October 4, 2022 Regular C ity C ouncil Meeting
November 1, 2022 Regular C losed S essi on Meeting
November 1, 2022 Regular C ity C ouncil Meeting
D ecember 6, 2022 Regular C ity C ounci l Meeting
D ecember 20, 2022 Regular C ity C ouncil Meeti ng
March 7, 2023 Regular C ity C ouncil C losed S essi on Meeting
March 7, 2023 Regular C ity C ouncil Meeti ng
12.T R E AS U R E R'S MON T H LY IN V E S T ME N T R E P OR T
Comments:
The purpose of this item is to have the Honorable Mayor and the Lynwood C ity C ouncil review the
Treasurer ’s Monthly Investment Report as requi red by S tate S tatutes. (C T)
Recommendation:
The following is the Investment Report for the month ending F ebruary 28, 2023. This report is
provi ded to ensure C ity C ouncil is informed of the D epartment’s investment activities. The report
City Council Regular Meeting - Page 3 of 241
satisfies the recommended reporting requi rements of the C ity of Lynwood, which addresses the
C ity C ouncil’s request for monthly financial information.
It is recommended that the C ity C ouncil for the C ity of Lynwood receive and fi le the attached
Monthly Investment Report.
13.S E N IOR C ON GR E GAT E AN D H OME D E L IV E R E D ME AL S S E RV IC E
Comments:
S i nce the incepti on of the S enior Nutrition Meals P rogram, the C ity of Lynwood - through
contracted service providers - has provided congregate and home-delivered meals to seniors
over the age of 60. This program is financed with F ederal Older A mericans A ct (OA A ) grant
funds received from the C alifornia D epartment of A gi ng (C D A ). Under this program, over 25,000
hot, nutritious lunches are prepared, delivered and served annually to Lynwood seniors.
C ongregate meals are served in the dining room at the S enior C enter and home delivered meals
are provided to home-bound seniors in Lynwood. Human S ervices A ssoci ation (HS A ), is
currently providing that servi ce, five days per week, Monday through F riday. A pproximately 6,500
congregate meals and 19,000 home delivered meals were served during F Y 2021-2022. The
C ity’s contract with HS A expired on June 30, 2022. (RE C )
Recommendation:
S taff recommends that the C ity C ouncil adopt the ac c ompanying res olution entitled, “A R E S O LUT IO N
O F THE C IT Y C O UNC IL O F T HE C IT Y O F LYNW O O D AUT HO R IZING THE C IT Y MANAGE R
TO E XE C UT E A F O UR -YE AR AGR E E ME NT W IT H HUMAN S E RVIC E S AS S O C IAT IO N F O R
T HE C IT Y’S S E NIO R NUTR ITIO N ME AL P R O GR AM.”
14.AP P R OVAL OF SPEC IAL E V E N T P E R MIT-C H R IS T IAN S E N AMU S E ME N T S
C AR N IVAL
Comments:
The C i ty C ouncil will consi der the approval of a S pecial P ermit for C hristiansen A musements
C arnival for the operation of a carnival at 3000 E ast Imperial Highway from A pril 20, 2023 through
A pri l 23, 2023. (C D )
Recommendation:
S taff recommends that the C ity C ouncil adopt the followi ng resolution entitled, "A R E S O LUT IO N
O F T HE C IT Y C O UNC IL O F T HE C IT Y O F LYNW O O D , C O UNT Y O F LO S ANGE LE S, S TAT E
O F C AL IF O R NIA AP P R O VING T HE C HR IS T IANS E N AMUS E ME NT S C AR NIVAL E VE NT F O R
AP R IL 20, 2023 – AP R IL 23, 2023."
15.R E C OMME N D ATION TO R E JE C T AL L B ID S FOR T H E C IT YWID E S U RV E IL L AN C E
C AME R A, L IC E N SE PL AT E R E AD E R, AN D MOB IL E C AMER A S YS T E M AN D
IN S TALL ATION
Comments:
S taff recommends that the C ity C ouncil reject all bids for the C itywide S urveillance C amera,
L i cense P late Reader, and Mobile C amera system released on October 3, 2022 and re-
advertise the formal bid. The C ity received seven bids. After the bids were rec eived, the C ity identified
newer products on the market that would work better at street intersections with a 360 degree field of
view instead of single unidirectional cam eras for enhanced visibility to assis t law enforcement agenc ies
in investigating, responding to, and preventing crim e. (IT)
Recommendation:
S taff recommends that the C ity C ouncil adopt the attached resolution entitled: “A R E S OL UTIO N
O F THE C ITY C O UNC IL O F THE C ITY OF LYNW O OD , RE J E C TING A L L B ID S F O R
THE C ITYW ID E S URV E IL L A NC E C A M E RA , L IC E N S E P L ATE RE A D E R, A ND M O B IL E
C A M E RA S O L U TION A ND INS TA L L ATION RE L E A S E D ON OC TO B E R 3, 2022 A ND
City Council Regular Meeting - Page 4 of 241
IS S UING A NE W F O R M A L B ID P R OC E S S F O R C ITYW ID E S U RV E IL L A NC E
C A M E RA S ."
N E W/OLD B U S IN E S S
16.AGR E E ME N T F OR FIR E WOR K S D IS P L AYS F OR TH E C ITY OF LYN WOOD’S
IN D E P E N D E N C E D AY C E L E B R AT ION S H OWS IN 2023 AN D 2024
Comments:
The C ity of Lynwood has traditionally provided the community an Independence D ay celebrati on
featuring a fireworks display each year at Lynwood C ity P ark. In preparation for this year ’s
Independence D ay C elebration show, staff released a Request for P roposals (R F P ) for qualified
fi reworks companies to provide a P rofessional A eri al F ireworks D isplay that is choreographed to
music and executed by a fully licensed and insured company for the C ity’s shows to be held July 3,
2023 and J uly 3, 2024. S taff i s now requesting that the C ity C ouncil consider approval of its
recommendation awarding the contract for these services. (RE C )
Recommendation:
S taff recommends that the C ity C ounci l adopt the accompanying resolution entitled, “A
RE S O L UTION OF THE C ITY C O U N C IL OF THE C ITY OF LYNW O OD A U TH ORIZING
THE C ITY MA NA G E R TO E X E C UTE A TW O-YE A R A G R E E M E N T W ITH P YRO
S P E C TA C UL A RS F OR THE C ITY’S IND E P E N D E NC E D AY C E L E B RATION F OR 2023
A ND 2024.”
17.C OMME R C IAL FAC AD E GR AN T P R OGR AM U P D AT E
Comments:
S taff is providing the C ity C ouncil with an update on the status of the C ommercial F acade Grant
P rogram and recommends to receive and file thi s report. (C D )
Recommendation:
S taff recommends that the C ity C ouncil receive and file this report.
18.C IT Y C OU N C IL OR AL AN D WR IT T E N C OMMU N IC AT ION
19.S TAFF OR AL C OMME N T S
AD J OU R N ME N T
THE NE X T RE GUL A R M E E TING W IL L B E HE L D O N A P RIL 4, 2023 AT 6:00 P.M. IN THE
C OUNC IL C H A M B E R S O F THE C ITY HA L L A N N E X , 11350 B UL L IS RO A D , C ITY OF
LYNW O OD , C A L IF ORNIA .
City Council Regular Meeting - Page 5 of 241
A genda I tem # 8.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Gabriel L inares, D irector of C ommuni ty D evelopment
S U B J E C T: HO M E -A RP A L L OC ATION P L A N
Recommendation:
It is recommended that the C ity C ouncil take the following acti ons:
1. C onduct a public hearing and take public testimony on the S ubstantial A mendment No. #1 regarding the
HOME -A RP A llocation P lan
2. A pprove a Resolution approvi ng S ubstantial A mendment No. 1 to the F iscal Year 2021-2022 C D B G
A nnual A ction P lan allocating HOME -A RP funds to address homelessness in the C ity and approvi ng the
HOME -A RP A llocation P lan; and authorizi ng the C ity Manager, or designee, to submit to the U.S .
D epartment of Housing and Urban D evelopment; and
3. A uthorize the C ity Manager or the C ommuni ty D evelopment D i rector to execute all appropriate and
necessary documents to receive funding and implement approved use.
Background:
On March 11, 2021, P resident B iden signed A R P into law, whi ch provides over $1.9 trilli on in relief to address the
continued i mpact of the C OV ID -19 pandemic on the economy, public health, S tate and local governments,
individuals, and businesses. To address the need for homelessness assi stance and supporti ve servi ces,
C ongress appropriated $5 billion in A RP funds to be administered through H OM E to perform four acti vities that
must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other
vulnerable populations. The program descri bed in this notice for the use of the $5 billion in A RP funds is the
H OM E -A meri can Rescue P lan or “HOM E -A R P.”
Lynwood as an entitlement city, was awarded HOME Investment P artnerships (HOM E -A R P ) funds from the U.S .
D epartment of Housing and Urban D evelopment (HUD ) to carry out the HO M E -A RP P rogram specifically to
address homelessness assistance and supportive service needs.
H OM E -A RP funds must be used for one or any of the established eligible activities which include;
(1) D evelopm ent and s upport of affordable housing,
(2) tenant-bas ed rental assistance (T B R A),
(3) provision of supportive services; and
City Council Regular Meeting - Page 6 of 241
H OM E -A RP funds must be used on eligible activities that will benefit individuals or families of specific “qualifyi ng
populations” (QP s). Qualifying populations, as defined by HO M E -A RP, are individuals or families who are:
Homeless, as defined in section 103(a) of the McK i nney-Vento Homeless A ssistance A ct, as amended (42
U.S .C . 11302(a)) ("McK inney-Vento");
Individuals at ri sk of homelessness, as defined in secti on 401 of McK inney-Vento;
Individuals fleei ng, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or
human trafficking;
P art of other populations where providi ng supportive services or assistance would prevent a fami ly's
homelessness or would serve those with the greatest ri sk of housing instability; or
Veterans and families that include a veteran family member that also meet the criteria one of above.
Discussion and Analysis:
The C i ty has been allocated $1,967,319 in HOME -A RP funds and has engaged in consultati on process to
develop its HO M E -A RP A llocation P lan. The HO M E -A RP A llocati on P lan descri bes how the C i ty plans to
allocate i ts funds, including how the funds will be used to address the needs of quali fying populations. In
accordance with the U.S . D epartment of Housi ng and Urban D evelopment (HUD ) regulations, once approved by
C ity C ounci l, the plan must be submitted to HUD as a S ubstantial A mendment to the C ity’s F iscal Year 2021-
2022 A nnual A ction plan for the C ity to access its allocation of HOME -A RP funds.
B ased on data analysis and consultations with service providers working with the qualifying populations, the C ity is
proposing to use its HOME -A RP funds in the following manner.
Use of H OME-AR P Funding
Funding Amount Percent of
the Grant
Statutory
Limit
S upportive S ervi ces $475,492
Tenant B ased Rental A ssistance
(TB RA )$500,000
D evelopment of A ffordable Rental
Housing $500,000
Non-P rofit Operati ng $98,365 5%5%
Non-P rofit C apacity B uilding $98,365 5%5%
A dministration and P lanning $ 295,097 15 %15%
Total H OME AR P Allocation $ 1,967,319
A R P states that funds must be used to primarily benefit the qualifying populations through the four eligi ble
activities: (1) Tenant-B ased Rental A ssistance TB RA , (2) development and support of affordable housing, (3)
provision of supportive servi ces; and (4) acquisition and development of non-congregate shelter (NC S ) units.
Recognizing the urgent needs of individuals and families in quali fying populations, we have provided the proposed
use in the above table.
Fiscal Impact:
The C ity has been awarded a total of $1,967,319 in HOME -A RP funds. There is no fiscal impact to the C i ty’s
General F und.
Coordinated With:
C ity Manager's Offi ce
City Council Regular Meeting - Page 7 of 241
C ity A ttorney
AT TAC H ME N T S:
Description
Resolution
Attachment A - H OME-AR P Plan
City Council Regular Meeting - Page 8 of 241
RESOLUTION._____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE SUBSTANTIAL AMENDMENT NO. #1 TO THE CDBG FISCAL
YEAR 2021-2022 ANNUAL ACTION PLAN, APPROVING THE HOME-ARP
ALLOCATION PLAN AND AUTHORIZING THE CITY MANAGER, OR THEIR
DESIGNEE, TO SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
WHEREAS, the American Rescue Plan Act (ARP) was signed into law on
March 11, 2021 and provides federal funding to relieve the continued impact of the
COVID-19 pandemic on the economy, public health, state and local governments;
and
WHEREAS, within the ARP, Congress appropriated $5 billion specifically to
address the need for homelessness assistance and supportive services. Intended
to be administered through the U.S. Department of Housing and Urban
Development’s (HUD) existing HOME Investment Partnerships Act (HOME)
Program, this allocation of ARP duns, known as HOME-ARP, must be used to
perform eligible activities with qualifying populations who are homeless or at-risk of
homelessness; and
WHEREAS, the city of Lynwood has been allocated $1,967,319 in HOME-
ARP funds. To receive the HOME-ARP funds, the City must engage in a
consultation process and develop a HOME -ARP Allocation Plan that meets the
requirements established by HUD, including how the City will use the funds and
how the activities meet the needs of the qualifying populations; and
WHEREAS, in accordance with federal regulations and the guidance
contained in the Community Planning and Development Notice CPD-21-10, the
Plan will be submitted to HUD as a Substantial Amendment No. 1 to the City’s
Fiscal Year 2021-2022 Annual Action Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood does hereby adopt
Substantial Amendment No. 1 to the 2021-2022 Annual Action Plan approving the
HOME-ARP Allocation Plan.
Section 2. The City Manager is hereby authorized to make all conforming
modifications and edits and to execute all implementing documents required by
HUD to implement the HOME-ARP Allocation Plan.
City Council Regular Meeting - Page 9 of 241
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Section 3. That this Resolution shall take effect immediately upon its
adoption.
Section 4. That the City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 21st day of March, 2023.
______________________________
Oscar Flores
Mayor
ATTEST:
___________________________ ______________________________
María Quiñónez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia Gabriel Linares
City Attorney Director of Community Development
City Council Regular Meeting - Page 10 of 241
HOME-ARP Allocation Plan
Approved by City Council
March 21, 2023
Submitted to: United States Department of Housing and Urban Development (HUD)
as a Substantial Amendment to the FY 2021-2022 Annual Action Plan
City Council Regular Meeting - Page 11 of 241
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Table of Contents
Introduction ................................................................................................................................................... 2
Consultation .................................................................................................................................................. 2
Public Participation ....................................................................................................................................... 4
Needs Assessment and Gaps Analysis .......................................................................................................... 5
HOME-ARP Activities ................................................................................................................................. 9
HOME-ARP Production Housing Goals .................................................................................................... 11
Preferences, Prioritization, & Limitations .................................................................................................. 11
HOME-ARP Refinancing Guidelines ......................................................................................................... 11
City Council Regular Meeting - Page 12 of 241
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Introduction
As part of the Section 3205 of the American Rescue Plan Act of 2021 Congress appropriated $5 billion in
ARP funds for homelessness assistance and supportive services administered through the existing Home
Investment Partnerships Program (HOME). HOME-ARP funds must be used for one or any of the
established eligible activities which include (1) Administration and Planning (subject to 15% cap of
allocation), (2) Acquisition, Rehabilitation, & Construction of Affordable Rental Housing, (3) Tenant-
Based Rental Assistance (TBRA), (4) Supportive Services, (5) Acquisition and Development of Non-
Congregate Shelter, and (6) Nonprofit Operating and Capacity Building Assistance (subject to 10%
allocation, among others).
HOME-ARP funds must be used on eligible activities that will benefit individuals or families of specific
“qualifying populations” (QPs). Qualifying populations, as defined by HOME-ARP, are individuals or
families who are (1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance
Act, as amended (42 U.S.C. 11302(a)) ("McKinney-Vento"); (2) at risk of homelessness, as defined in
section 401 of McKinney-Vento; (3) fleeing, or attempting to flee domestic violence, dating violence,
sexual assault, stalking, or human trafficking; (4) part of other populations where providing supportive
services or assistance would prevent a family's homelessness or would serve those with the greatest risk
of housing instability; or (5) veterans and families that include a veteran family member that also meet the
criteria one of (1) to (4) above.
To receive the HOME-ARP funds, the City of Lynwood (“City”) must submit an allocation plan to the
U.S. Department of Housing and Urban Development (HUD). As part of the plan, the City must engage
in consultation and public participation processes to develop the allocation plan. The HOME-ARP
allocation plan must describe how the City intends to distribute HOME-ARP funds, including how it will
use the funding will be used to address the needs of HOME-ARP qualifying populations. The completed
HOME-ARP will be submitted as a substantial amendment to the FY 2021-2022 Annual Action Plan.
To carry out eligible HOME-ARP activities the City of Lynwood has been allocated $1,967,319 in
HOME-ARP funds.
Consultation
Description of the consultation process
Before the development of the HOME-ARP plan the City consulted with various agencies and service
providers who provide services to the HOME-ARP qualifying populations (QPs). The intent of the
consultation was to identify and understand the unmet needs and service gaps for the noted qualifying
populations. Partaking in the consultation process also allowed the City to take stock of the current
activities and services available for QPs, which helped the City determine to which activities they would
allocate funds.
To solicit feedback from agencies and service providers the City first created an inventory of all required
agencies that needed to be consulted along with points of contact; these included the Continuum of Care,
public housing agencies, homeless service providers, domestic violence service providers, veteran’s
groups, and organizations that address fair housing /civil rights/needs of persons with disabilities. The
City then reached out to all the identified organizations and provided them with a link to a survey where
they could provide their feedback and input. The City followed up with emails and calls to agencies that
did not complete with the survey by the internal deadline. Responses from the survey informed the City’s
proposed HOME-ARP activities.
City Council Regular Meeting - Page 13 of 241
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List of Organizations Consulted
Agency/Org Consulted Type of Agency/Org Method of
Consultation
Los Angeles Homeless Services
Authority (LAHSA)
Continuum of Care Lead Agency Agency Sponsored
Virtual Session
Los Angeles County Developmental
Authority (LACDA)
Public Housing Agency serving the
City of Lynwood
Online Survey
Fair Housing Foundation Fair housing and civil rights service
provider
Online Survey
Harmony Project Higher education access for
homeless youth
Online Survey
YWCA Greater Los Angeles Service provider for victims of
sexual assault
Online Survey
Project Impact Services for domestic violence
intervention
Online Survey
People Assisting the Homeless
(PATH)
Homeless services provider Online Survey
Homeless Outreach Program
Integrated Care System (HOPICS)
Homeless services provider Online Survey
U.S.VETS-Patriotic Hall Veterans service provider including
homeless prevention
Online Survey
Los Angeles County Department of
Mental Health
Mental health services provider
including homeless and veteran
populations
Online Survey
Veteran Peer Access Network – LA
County
Veterans service provider including
homeless prevention
Online Survey
Summary of Feedback Received from Consultation
As part of the consultation process respondent feedback showed that development and preservation of
affordable housing is a top priority need to address the homeless populations in the City. Other identified
priorities that followed, in descending order, included Supportive Services, Tenant Based Rental
Assistance (TBRA) for the prevention of homelessness, with Purchase/Development of Non-Congregate
Homeless shelter ranked last. When asked about additional gaps or needs stakeholders also noted that
persons experiencing cost burdens should have easy access to TBRA programs to avoid being at risk of
being homeless as these types of programs can have a long-term impact on future housing stability and
opportunities for the person. Stakeholders also highlighted the important role supportive services, (like
case management, legal assistance, mental health services), play in addressing homelessness.
The Los Angeles County Homeless Services Authority (LAHSA) hosted a virtual session as part the
consultation process and developed a memo where they identified their recommendations for the use of
funding. LAHSA noted the importance of having a balance of resources. They also noted that the top
three priorities for use of funds are acquisitions of affordable housing, master leasing options, and
supportive services.
City Council Regular Meeting - Page 14 of 241
4
Public Participation
Date of Public Notice: March 7, 2023
Public Comment Period: March 7, 2023 – March 21, 2023
Date of Public Hearing: March 21, 2023
Describe the public participation process:
The City outreached to local service providers working with qualifying populations and provided them a
survey link to provide feedback. The City regularly followed up with stakeholders to ensure that
responses were received. Staff reached out to stakeholders via email, providing an overview of the funds
and qualifying populations and eligible activities; follow up calls were made to providers who did not
respond to the initial requests to allow them to provide feedback over the phone and give the opportunity
to ask clarifying questions.
The draft HOME-ARP Allocation Plan was made available for public review and comment for a 15-day
period commencing on March 7, 2023 and concluding on March 21, 2023. The plan was made available
for review on the City’s website.
Additionally, as required, the City held a public hearing to hear public comments on the HOME ARP
Allocation plan on March 21, 2023 during the regularly scheduled City Council meeting.
The City also published a notice of public comment and public hearing in the local newspaper and
online. The notice included the amount of HOME-ARP funds the City received, identified the eligible
use of the funds, the time, date and location of the public hearing. The notice also provided where the
public may access the draft plan, instructions on how to submit comments, along with how to request
accommodations.
Describe efforts to broaden public participation:
Efforts made by the City to broaden public participation included reaching out to individual agencies to
invite them to participate in the consultation process. To start this process, staff drafted a list of the
agencies who they currently work with and who service the Qualifying Populations and then researched
additional service providers that serve that population so that the City may engage with service providers
who have not previously formally partnered with the City. The City also consistently followed up with
agencies to ensure that the City received as many responses as possible. Understanding that agencies may
have limited time, the City made itself available via phone, email, and provided an electronic survey to
solicit feedback and be available to agencies in ways that were convenient to them.
Summarize the comments and recommendations received through the public participation
process either in writing, or orally at a public hearing:
TBD
City Council Regular Meeting - Page 15 of 241
5
Summarize any comments or recommendations not accepted and state the reasons why:
TBD
Needs Assessment and Gaps Analysis
The Homeless Needs Inventory and Gap Analysis Table below demonstrates the City’s need for housing
for both families and individuals. The table below was compiled using data from LAHSA’s 2022 Point In
Time Homeless Count for the City of Lynwood and City data from the Continuum of Care (CoC)
Housing Inventory Count. Due to the limited availability of data at the City level, homeless population
data was broken down using ratios based on the City’s homeless count of 193 and LAHSA homeless data
for Service Planning Area (SPA) 6, which Lynwood is a part of.
Homeless Needs Inventory and Gap Analysis Table
Homeless
Current Inventory Homeless Population Gap Analysis
Family Adults Only Vets Family
HH (at
least 1
child)
Adult
HH
(w/o
child)
Vets Victims
of DV
Family Adults Only
# of
Beds
# of
Units
# of
Beds
# of
Units
# of
Beds
# of
Beds
# of
Units
# of
Beds
# of
Units
Emergency
Shelter 0 0 0 0 0
Transitional
Housing 0 0 0 0 0
Permanent
Supportive
Housing
0 0 108 0 0
Other Permanent
Housing 0 0 0 0 0
Sheltered
Homeless 0 0 0 0
Unsheltered
Homeless 2 180 5 6
Current Gap 2 - 83 -
Data Sources: 1. Point in Time Count (PIT); 2. Continuum of Care Housing Inventory Count (HIC)
Describe the size and demographic composition of qualifying populations within the PJ’s
boundaries:
Homeless as defined in 24 CFR 91.5
Los Angeles Homeless Services Authority (LAHSA) is the lead agency of the Los Angeles
Continuum of Care (CoC) and are responsible for conducting annual Point in Time (PIT) counts
which counts numbers of people experiencing homelessness throughout Los Angeles County.
Information is provided at different levels like Countywide, Service Planning Area (SPA), and City.
The 2022 annual PIT count determined that there are 193 persons experiencing homelessness in the
city of Lynwood.
City Council Regular Meeting - Page 16 of 241
6
Of the 193 homeless persons counted as part of the 2022 PIT count, 100% are unsheltered; this is
particularly of note as this is the highest count of homeless persons in the City over the past six (6)
years. The majority of the 193 unsheltered homeless people in the City are persons living on the street
(74 people of 38.37%), 52 persons were living in makeshift shelter (26.95%), 27 people (14.04%)
were living in tents, 19 (9.64%) were living in cars, 13 (6.85%) were living in vans, and 8 (4.15%)
were living in RVs/campers.
At Risk of Homelessness as defined in 24 CFR 91.5
Households at risk of homelessness are those with incomes at or below 30% AMI that lack sufficient
resources or support networks to prevent homelessness, and
Have moved more than two times due to economic reasons in the past 60 days, or
Are doubled up with another household due to economic hardship, or
Will be evicted within 21 days, or
Live in a hotel or motel without financial assistance from a nonprofit or government
entity, or
Live in an efficiency apartment and are overcrowded, or
Are exiting a publicly funded institution or system of care
The HUD Comprehensive Housing Affordability Strategy (CHAS) 2015 -2019 data provides
information on overcrowding among households that include more than one family, by household
income level. This CHAS data indicates that there are approximately 3,110 renter households and 895
owner households with incomes at or below 30% AMI; this means that there is a total of 4,005
households at risk of homelessness in the City.
Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking,
or Human Trafficking, as defined by HUD in the Notice
Information breakdown about persons experiencing or fleeing domestic violence was not available at
the City level, therefore the City is using ratios based on the City’s homeless count of 193 and
LAHSA homeless data for Service Planning Area (SPA) 6, which Lynwood is a part of to determine
demographics of this population.
Lynwood’s homeless population accounts for about 2.15% of SPA 7’s homeless population of
14,598. In SPA 7 there are about 3,241 (sheltered and unsheltered) persons who have experienced
domestic or intimated partner violence. Using the 2.15% ratio this means that in Lynwood there are
about 69 people who have experienced domestic/intimate partner violence.
Other populations requiring services or housing assistance to prevent homelessness and other
populations at greatest risk of housing instability, as defined by HUD in the Notice
Other populations, as defined by HOME-ARP, include those who:
Are currently housed and at risk of repeat homelessness;
Have incomes below 30% AMI and are experiencing severe housing cost burden; and
City Council Regular Meeting - Page 17 of 241
7
Otherwise meet the definition of at risk of homelessness and have incomes between 30% and
50% AMI
The LAHSA PIT indicates the approximately 11% of individuals exiting emergency shelter, or
transitional or permanent housing in any given year will return to homelessness within 12 months.
The 2015-2019 HUD CHAS data indicates there are 3,110 renter households with an annual income
at or below 30% AMI that are at greatest risk of housing instability.
Identify any gaps within the current shelter and housing inventory as well as the service delivery
system:
Based on the LAHSA PIT count there are about 193 experiencing homelessness in the city of Lynwood
with an outstanding need of at least 95 additional beds. The City has some beds available but all both
options available, they are both permanent supportive housing options. The current housing options
available for those experiencing homelessness needs to be diversified so that the city can truly meet
persons where they are at and assist them with reaching long-term housing stability.
The LAHSA PIT count for the city also shows that the city needs to diversify its efforts to help people go
from unsheltered to sheltered; data currently shows that all of the homeless population within the city
remains unsheltered.
Under Section IV.4.2.ii.G of the HOME-ARP Notice, a PJ may provide additional characteristics
associated with instability and increased risk of homelessness in their HOME-ARP allocation
plan. These characteristics will further refine the definition of “other populations” that are “At
Greatest Risk of Housing Instability,” as established in the HOME-ARP Notice.
To assess affordability and other types of housing needs, HUD defines four housing problems, The
1. Cost burden: A household has a cost burden if its monthly housing costs (including
mortgage payments, property taxes, insurance, and utilities for owners and rent and utilities
for renters) exceed 30% of monthly income.
2. Overcrowding: A household is overcrowded if there is more than 1 person per room, not
including kitchens and bathrooms.
3. Lack of complete kitchen facilities: A household lacks complete kitchen facilities if it
lacks one or more of the following: cooking facilities, refrigerator, or a sink with piped
water.
4. Lack of complete plumbing facilities: A household lacks complete plumbing facilities if
it lacks one or more of the following: hot and cold piped water, a flush toilet, or a bathtub or
shower.
HUD also defines four severe housing problems, including a severe cost burden (more than 50% of
monthly household income is spent on housing costs), severe overcrowding (more than 1.5 people per
room, not including kitchens or bathrooms), lack of complete kitchen facilities (as described above), and
lack of complete plumbing facilities (as described above).
City Council Regular Meeting - Page 18 of 241
8
Identify priority needs for qualifying populations:
The highest priority need for the qualifying populations in the city is to increase the availability access to
homeless services and housing options. These needs include access to supportive services such as case
management, legal services, housing navigation, among others, and access to programs like tenant based
rental assistance, and access to affordable rental housing. Diversifying an increasing availability of
affordable rental housing options and homeless and homeless prevention supportive services in the City
would provide long-term housing options to qualifying populations.
As the LAHSA PIT count shows the City’s homeless population is at its highest count in comparison to
the last six years and all of those counted were people who were unsheltered. In LAHSA’s consultation
they recommended a balance approach of different services (supportive services), development of
housing, and assistance programs (like TBRA) to provide a multi-pronged approach to addressing
homelessness in the City.
Additionally, according to the most recent 2015-2019 Comprehensive Housing Affordability Strategy
(CHAS) data, there are 7,635 low-income households (below 80% AMI) that experience cost burdens in
the city of Lynwood. Increased cost burdens along with rising inflation costs can put low-income renters
are higher risks for homelessness. Other housing issues that may increase the risk of people becoming
homeless include being low- or extremely low-income (earning 50% or 30% or less of AMI) and/or living
in substandard or overcrowded conditions. In the city of Lynwood there are 6,720 households earning
50% of AMI or below have severe housing problems, which may include lacking kitchen or complete
plumbing, severe overcrowding, or severe cost burden. By developing affordable rental housing and
providing a TBRA option in the City, the City also expands on the availability of affordable housing
options for those who are at risk of homelessness because of their current cost -burdens or other severe
housing problems. Providing housing of this type prevents at-risk families in unstable housing situations
from becoming homeless, and thus preserves available emergency shelter and transitional housing options
for the homeless households who most need them.
Explain how the PJ determined the level of need and gaps in the PJ’s shelter and housing
inventory and service delivery systems based on the data presented in the plan:
The City used different data sources to determine the housing and service needs of the qualifying
populations. Below is a list of the sources along with a summary of how that data source was used as part
of the plan.
Los Angeles Homeless Service Authority 2022 Point In Time Homeless Count
o Information was used to determine the homeless population in the City and their
living situations.
o Information was also pulled for Service Planning Area 6 (SPA 6) to determine
ratios for categorized date.
Comprehensive Housing Affordability Strategy (CHAS) Data
o CHAS data was used to review housing problems and needs for low-income
populations.
Continuum of Care (CoC) Homeless Assistance Programs Housing Inventory Count
Report
o This data was used to review the availability of beds and units available in the
City.
Consultation with Stakeholders and Service providers
o A key piece of data that informed the identification of priority need for the
qualifying populations included the consultations with key stakeholders and service
City Council Regular Meeting - Page 19 of 241
9
providers working with qualifying populations. Via the consultation process
stakeholders, including LAHSA, identified development and preservation of
affordable housing as a top priority need to address homelessness.
HOME-ARP Activities
Describe the method(s)that will be used for soliciting applications for funding and/or selecting
developers, service providers, subrecipients and/or contractors:
The City will solicit applications from developers, service providers, and/or subrecipient organizations to
administer eligible activities and/or develop shelter and housing. A Notice of Funds Available (NOFA)
will be issued. The NOFA will, at a minimum, specify eligible activities, eligible applicants, minimum
and maximum funding amounts, application thresholds, and will provide instructions on how to submit a
proposal The NOFA will, at a minimum, specify eligible applicants, eligible activities, available funding
amounts, and will provide instructions on how to submit an application.
Describe whether the PJ will administer eligible activities directly:
The city of Lynwood may directly administer HOME-ARP activities beyond program administration and
planning depending on the response to NOFAs the City issues.
If any portion of the PJ’s HOME-ARP administrative funds are provided to a subrecipient or
contractor prior to HUD’s acceptance of the HOME-ARP allocation plan because the
subrecipient or contractor is responsible for the administration of the PJ’s entire HOME-ARP
grant, identify the subrecipient or contractor and describe its role and responsibilities in
administering all of the PJ’s HOME-ARP program:
Not applicable. The City will not allocate funds to a subrecipient or contractor to administer the entire
HOME-ARP grant prior to HUD’s acceptance of the HOME-ARP allocation plan.
Use of HOME-ARP Funding
Funding Amount Percent of the
Grant
Statutory
Limit
Supportive Services $ 475,492
Acquisition and Development of Non-
Congregate Shelters $ 0
Tenant Based Rental Assistance (TBRA) $ 500,000
Development of Affordable Rental Housing $ 500,000
Non-Profit Operating $ 98,365 4.9 % 5%
Non-Profit Capacity Building $ 98,365 4.9 % 5%
Administration and Planning $ 295,097 14.9 % 15%
Total HOME ARP Allocation $ 1,967,319
City Council Regular Meeting - Page 20 of 241
10
Describe how the PJ will distribute HOME-ARP funds in accordance with its priority needs
identified in its needs assessment and gap analysis:
The increasing costs of inflation, limited housing availability and all-time high rental rates are putting
almost impossible cost burdens on residents and increasing the likelihood of low-income households of
facing homelessness. The CHAS
HUD 2015-2019 CHAS data identified 3,630 households with income less than 30% AMI who were
severely cost burdened. An additional 3,255 renters with income between 30% and 50% are severely cost
burdened. The volume of severely cost burdened renters could be reduced through the use of HOME-ARP
funds for either tenant-based rental assistance or rental housing production. Given the shortage of
available units resulting from increased demand implementing a new tenant-based rental and
development/preservation of affordable housing are just a couple of ways the distribution of HOME-ARP
funds can help meet the needs and gaps of the qualifying populations.
The addition of HOME-ARP rental units, coupled with operating and services supports will help to ease
the burden of housing costs for the city’s low-income renters who are at high risk of housing instability
and homelessness or are currently experiencing homelessness and seeking opportunities for housing
stability. Availability and access to appropriate supportive services can help ensure that those
experiencing or at-risk of experiencing homelessness are supported and guided to long-term housing
stability. Many nonprofit partners have the capacity to deliver appropriate services so allocating funds
towards organizations working with the qualifying populations can help increase the availability of
services within the city. Nonprofit partners will benefit from operating and capacity-building assistance to
support their efforts to develop appropriate shelter, housing, and services. Operating assistance will help
fill gaps in available administrative funding, particularly in organizations that are expanding and/or
serving areas with few providers and limited shelter and/or affordable rental housing.
Describe how the characteristics of the shelter and housing inventory, service delivery system,
and the needs identified in the gap analysis provided a rationale for the plan to fund eligible
activities:
Analysis of Comprehensive Housing Affordability Strategy (CHAS) data and input from stakeholders say
that availability of affordable housing is a great need in the city of Lynwood; however, that is not the only
solution to the problem. Comparison of LAHSA’s PIT count from 2020 to 2022 shows that the homeless
population has increased yet people are still unsheltered. The City still has a housing gap of 85 beds.
A total of 7,635 low-income households (below 80% AMI) in Lynwood experience cost burdens,
spending more than 30% of their incomes on their housing costs. In Lynwood there are also 6,720
households earning 50% of AMI or below have severe housing problems, which may include lacking
kitchen or complete plumbing, severe overcrowding, or severe cost burden. By developing affordable
rental housing in the City, the City also expands on the availability of affordable housing options for
those who are at risk of homelessness because of their current cost-burdens or other severe housing
problems. By diversifying its available resources by allocating to local non-profits the City increases the
services available for the qualifying populations.
City Council Regular Meeting - Page 21 of 241
11
HOME-ARP Production Housing Goals
Estimate the number of affordable rental housing units for qualifying populations that the PJ will
produce or support with its HOME-ARP allocation:
Based on the needs assessment and analysis of gaps within the current system for meeting homeless and
supportive service needs, the City is looking to allocate about $500,000 of its HOME-ARP funds toward
the development of affordable rental housing. The City is still in the planning phases of the project but
based on the HUD Housing Production Goal Calculation Worksheet it is estimated that at least two (2)
affordable rental units will be produced.
Preferences, Prioritization, & Limitations
The city of Lynwood does will not be providing preferences, prioritizations, or limitations to any
population or subpopulation.
HOME-ARP Refinancing Guidelines
The City will not use HOME-ARP funds to refinance existing debt and therefore are not establishing
HOME-ARP refinancing guidelines in this plan.
City Council Regular Meeting - Page 22 of 241
A genda I tem # 9.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Gabriel L inares P E ,
D irector of C ommunity D evelopment
S U B J E C T: RE NE WA L OF TO RRA NC E P IP E L INE C O M P L A N Y, L L C , P IP E L IN E F RA NC HIS E ;
RE -OP E N P UB L IC H E A R ING; RE C OM M E ND INTROD U C TIO N F OR F IRS T
RE A D ING A N O R D INA NC E E S TA B L IS HING THE F RA NC H IS E
Recommendation:
S taff recommends that the C ity C ouncil:
Re-Open public hearing concerning renewal of the franchi se agreement
Introduce for first reading by title only of the attached ordinance entitled, "A N ORD INA NC E O F TH E C ITY
C O UNC IL OF THE C ITY OF LYNW OO D G R A NTING A NONE X C L US IV E F RA NC HIS E TO
TO RRA NC E P IP E L IN E C O M PA NY TO OP E R ATE A ND M A INTA IN A P IP E L INE S YS TE M F OR THE
TRA NS P ORTATION OF O IL A ND G A S UND E R C E RTA IN P UB L IC WAYS A ND P UB L IC P L A C E S
IN THE C ITY OF LYNW OO D ; S E TTING F ORTH C OND ITIONS A C C OM PA NYING A G R A N T OF
NONE X C L US IV E F RA NC HIS E ; P R OV ID IN G F O R A M O UNT A N D M E THOD OF PAYME N T B Y
F RA NC HIS E E F O R THE P RIV IL E G E GRA NTE D , A ND P RO V ID ING F O R THE TE RM OF THE
NONE X C L US IV E F RA NC HIS E "
Make a determination regarding whether the introduction for a first reading of an ordinance approving a
development agreement is exempt from further C E Q A review pursuant to A dministrative C ode, Title 14,
C hapter 3, S ection 15301(a), C lass 1, E xisting F acili ti es, because the proposed project contemplated by
the development agreement is a renewal of an existi ng pi peline franchise with no expansion of use.
Background:
P ursuant to Ordinance No. 1600 adopted by the C ity C ouncil on March 18, 2008, the C ity granted E xxonMobil
Oil C orporation the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and
distributing oil and petroleum products through, under and along C i ty streets (see attached copy of Ordinance).
The franchise succeeded a similar franchise between E xxonMobil and the L os A ngeles C ounty that pre-dated
C ity incorporation. On J une 7, 2016, the C ity C ouncil approved a transfer of the franchise to Torrance P i peline
C ompany, L L C (grantee), who is the successor in interest to the related pipeline assets and remai ns the current
owner.
The current franchise agreement term is fifteen (15) years, ending on A pril 17, 2023. The C ity receives a
City Council Regular Meeting - Page 23 of 241
franchise fee from the grantee on a semi-annual basis, which i s based on the allowable rate for similar publi c
utility pipelines (per P ublic Utilities C ode S ection 6231.5[b][1]), which includes appli cable adjustments annually
based on the C onsumer P rice Index. The physical pipeli ne facili ty i s twelve inches (12'') in diameter and has a
length of 6,525 linear feet. It runs through the westerly porti on of the C ity in a north-south alignment (see attached
exhibit). The pipeline continues southerly and north beyond the C ity limits to its point of destination at the
grantee's terminal facility in the C ity of Vernon.
A s the expiration date (A pri l 17, 2023) for the franchise is approachi ng, Torrance P ipeline C ompany, L L C ,
submitted a letter to the C ity on A pril 5, 2022, requesting renewal of the franchi se agreement (see attached
copies).
P ublic Utilities C ode (P UC ) D ivis ion 3, C hapter 2, authorizes local municipalities to grant franchises to private firms to
lay pipes and appurtenances for transmitting oil under and along public s treets in accordance with certain parameters
outlined in the chapter. T he two-step procedure for granting such franchises is outlined in S ection 6232 et seq., whic h
states that upon rec eiving an application, the legislative body shall pas s a resolution declaring its intention to grant the
franchise applied for, stating the character of the franchise, setting forth a notice of the day, hour, and place when and
where all persons having any objection to the granting thereof may appear before the legislative body and be heard
thereon, and directing the clerk of the legislative body to publish the notic e at least onc e within fifteen (15) days after the
passage of the resolution in a newspaper of general c irc ulation within the munic ipality. The time for the public hearing
shall be not less than twenty (20) nor more than sixty (60) days after the date of the passage of the resolution.
Discussion and Analysis:
Based on the foregoing procedural requirements, the C ity C ounc il adopted R esolution No. (Insert R es No) on
February 7, 2023, initiating renewal of the franchise agreement and setting a public hearing concerning renewal of the
franchise agreement for the regular C ity C ouncil meeting on March 7, 2023 and directing the C ity C lerk to publis h
notice of same within the local newspaper (15-days after adoption of resolution). Ac c ordingly, a public hearing notic e
meeting the requirements of P UC S ection 6232 et seq was published in the local Newspaper.
The subjec t pipeline franchise has been operating safely and without incident at its current location for decades. P er
section 51014.5(b) of the C A Government C ode, M-145 was las t hydrostatically tested on 1/21/2019. The pipeline was
last ins pected on 12/20/2019 by in-line inspection per 49 C F R 195.452. T he pipeline in-line inspection schedule is
currently set to five years with the next inspection due in 2024. O n this basis, staff has retained the es s ential
framework of the existing 2008 franchise agreement in preparing the current renewal, while incorporating only
necessary updates to some of its provisions. As drafted, the attac hed renewal ordinance/agreement includes the
following substantive revisions:
Agreement Term- The current agreement reflects an initial 15-year term with provision for an additional 10 years
to extend out to April 2033.
Insuranc e- The required amount of liability insurance has been updated and current.
The fee was based on the current terms of the agreement.
The O riginal revenue estimated for a 6,525 linear foot, 12 inch pipeline was $1.68 per cubic ft for a 12 inch pipeline
including adjustments based on the increase in the C onsumer P rice Index. T he 2023 fee projection is: $10,640 and
$10,674, a total payments of $21,314 (including a 5% projected increas e in the C P I rate).
After further discussion and negotiation with Torrance Pipeline, Staff agreed on a new rate of $3.51 per lineal foot that
equals $22,903/annually with no annual adjus tment and a one time granting fee of $10,000. This is an increase from
the original propos al and subject to a contract term of 10 years .
Staff als o obtained a letter from the D epartm ent of F orestry and Fire Protection O ffice of the State Fire Marshal
"P ipeline Safety D ivision" stating that the Torrance P ipeline is in compliance with F ederal and S tate laws and
regulations regarding the maintenance and operation of the pipeline in the C ity of Lynwood.
A s part of the approval process, C ity staff is requesting that the C i ty C ouncil find that the action to grant a
franchise for the existing petroleum products pipeline is categori cally exempt from the provisions of the C ali forni a
E nvironmental Quality A ct in accordance with the C alifornia C ode of Regulations, Title 14, D ivision 6, C hapter 3,
A rticle 19, more specifically, S ection 15301 (E xisting F acilities). The exemption under C E QA applies to projects
involving the operati on, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features involving negli gible or no expansi on
of existing or former use. The proposed project is a renewal of an existing P ipeline F ranchise with no expansi on
of use. No special circumstances exist that would create a reasonable possibility that the project will have a
significant adverse effect on the environment. Therefore, C ity staff is requesting that the C ity C ouncil find that the
project is exempt under C E QA .
City Council Regular Meeting - Page 24 of 241
Fiscal Impact:
The General F und will receive annual revenue payments for the term of the lease. The projected 2023 lease
payment will be $22,903 with a one time granting fee $10,000.
Coordinated With:
A pproved as to form by C ity attorney.
AT TAC H ME N T S:
Description
Torrance P ipeline L LC franchise renewal request
Public hearing notice
State Fire Marshall C ompliance ltr
Torrance L LC Pipeline R enewal Ordinance
Resolution Torrance pipeline renewal
City Council Regular Meeting - Page 25 of 241
Torrance Pipeline
Company LLC
12851 East 166th Street
Cerritos, California 90703
www.pbfenergy.comCompany LLC
December 5, 2022
Sent Via Email
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Mr. Gabriel Linares
RE: FRANCHISE ORD. NO. 1600
(As amended by Resolution 2016.109)
Our File: R/W TPC 4900
Dear Mr. Linares,
On June 07, 2016, the Lynwood City Council approved Resolution No.2016.109, which consented to the transfer and assignment
of the above referenced pipeline franchise agreement to Torrance Pipeline Company LLC.
Torrance Pipeline Company LLC (Applicant) submits this written request to the City of Lynwood to extend Ordinance No. 1600
(and its subsequent amendments) for an additional 15 years. If granted an extension, Torrance Pipeline will continue to pay to
the City of Lynwood an annual fee as outline in the subject agreement. For your review, attached is map a that depicts active 12-
inch M-145 pipeline segment located within the city boundaries.
I look forward to working with the city staff on the renewal of this agreement. Should you have questions or require additional
information, please contact me at (310) 212-4374 or at adriane.simon@pbfenergy.com.
Very truly yours,
Adriane R. Simon
Right of Way Agent
Enclosures
City Council Regular Meeting - Page 26 of 241
City Council Regular Meeting - Page 27 of 241
Lynwood City Council
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the Lynwood City Council will hold a public hearing on March
__, 2023 as follows:
Date: March __, 2023 (City Council Meeting)
Time: 6:00 p.m. (or soon thereafter as the matter may be heard)
Place: Live Meeting in Council Chamber - 11350 Bullis Road, Lynwood, CA 90262
- Web conference via ZOOM for the public. To participate please join via
Zoom - Meeting ID: 835 2029 8238, or by telephone at 1-669-900-9128 or
1-253-215-8782. If Spanish interpretation services are needed, please dial
(310) 372-7549; conference code 673120.
Subject: Pursuant to Resolution No. ____ dated February 7, 2023, the City Council
will consider the grant of a Franchise to the Torrance Pipeline Company,
LLC for the operation and maintenance of an existing 12 inch oil and gas
pipeline consisting of 6,011.50 cubic feet of pipeline for a term of fifteen
(15) years. Torrance Pipeline Company, LLC and its successors and
assigns, during the lifetime of the Franchise, agrees to pay a Franchise Fee
of $1.68 per cubic foot, subject to adjustments based on any increase in
the Consumer Price Index. If Torrance Pipeline Company, LLC does not
pay the Franchise Fee, the Franchise will be forfeited.
A copy of all relevant material regarding the proposed Development Agreement is on file in the
Community Development Department at Lynwood City Hall, 11330 Bullis Road, Lynwood,
California 90262. Said documents are open for public inspection during regular business hours,
7:00 a.m. to 6:00 p.m. Monday through Thursday. All interested persons are invited to inspect the
file and to be present to give testimony at the public hearing.
All persons either favoring or opposing this proposal are invited to present their views on the
above referenced project to the City Council at this hearing. Those desiring to be heard in favor
of or in opposition to this item will be given an opportunity to do so during such hearing to be
conducted at the above address or by writing to the City at the above address prior to said hearing
date. Please reference hearing title and date of hearing in any correspondence.
NOTICE IS FURTHER GIVEN that on Tuesday, March __, 2023, at the hour of 6:00 p.m., or soon
thereafter as the matter may be heard, the Lynwood City Council will hold a public hearing in the
City Hall Annex Council Chambers at 11350 Bullis Road, Lynwood, California for the solicitation
of public comment on a proposed Pipeline Franchise to the Torrance Pipeline Company, LLC for
the operation and maintenance of an existing 12 inch oil and gas pipeline consisting of 6,011.50
cubic feet of pipeline for a term of fifteen (15) years. Torrance Pipeline Company, LLC and it s
successors and assigns, during the lifetime of the Franchise, agrees to pay a Franchise Fee of
$1.68 per cubic foot, subject to adjustments based on any increase in the Consumer Price Index.
To participate please join via Zoom - Meeting ID: 835 2029 8238, or by telephone at 1-669-900-
9128 or 1-253-215-8782. If Spanish interpretation services are needed, please dial (310) 372-
7549; conference code 673120.
City Council Regular Meeting - Page 28 of 241
NOTICE IS FURTHER GIVEN that if you challenge the aforementioned action in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City at, or prior to the public hearing.
DATED THIS __TH DAY OF FEBRUARY 2023
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING
A NONEXCLUSIVE FRANCHISE TO TORRANCE PIPELINE COMPANY TO
OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF
OIL AND GAS UNDER CERTAIN PUBLIC WAYS AND PUBLIC PLACES IN THE CITY
OF LYNWOOD; SETTING FORTH CONDITIONS ACCOMPANYING A GRANT OF
NONEXCLUSIVE FRANCHISE; PROVIDING FOR AMOUNT AND METHOD OF
PAYMENT BY FRANCHISEE FOR THE PRIVILEGE GRANTED, AND PROVIDING
FOR THE TERM OF THE NONEXCLUSIVE FRANCHISE
RECITALS
WHEREAS, the Public Utilities Code Sections 6234 authorizes City to grant
nonexclusive franchises for oil and gas pipelines by ordinance;
WHEREAS, On March 18, 2008, the City Council of the City of Lynwood (“City
Council”) adopted Ordinance No. 1600, which granted ExxonMobil Oil Corporation a non-
exclusive fifteen (15) year franchise to operate and maintain a pipeline system for the
transportation of oil and gas under certain public ways and public places within City
boundaries (“Franchise”); and
WHEREAS, on June 7, 2016, the City Council approved the transfer of Pipeline
Ordinance No. 1600 from the ExxonMobil Oil Corporation to Torrance Pipeline Company
LLC; and
WHEREAS, the Franchise will expire in March of 2023 and Torrance Pipeline
Company LLC desire to extend the Franchise for an additional ten (10) year term; and
WHEREAS, on December 5, 2022, Torrance Pipeline Company LL C filed a
request to extend the existing pipeline Franchise; and
WHEREAS, on March __, 2023, pursuant to California Public Utilities Code
Section 6232, The City Council adopted Resolution No. ____ declaring its intent to grant
an additional ten (10) year term to Torrance Pipeline Company LLC and set a hearing
date of March __, 2023; and
WHEREAS, on March __, 2023, the City Council conducted a duly noticed hearing
regarding the granting of such Franchise to Torrance Pipeline Company LLC; and
WHEREAS, all procedures of the California Environmental Quality Act ("CEQA"),
California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of
the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied; and
WHEREAS, the City has found that the proposed Project is Categorically Exempt
from California Environmental Quality Act (CEQA) requirements under provisions of
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CEQA Guidelines Section 15301 - Existing Facilities. This exemption applies to projects
characterized as alterations to existing facilities meeting the conditions described in
Section 15301; and
WHEREAS, the City Council and Torrance Pipeline Company LLC desire to grant
Torrance Pipeline Company LLC an oil and gas pipeline franchise as further described
below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. TITLE
This ordinance shall be known and may be cited as the "Torrance Pipeline
Company LLC Franchise Ordinance."
Section 2. DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, words and their
derivations have the meaning set forth below. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number
include the singular number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
a. City means the City of Lynwood.
b. Council means the City Council of the City of Lynwood.
c. Code means the Municipal Code of the City of Lynwood, as amended from time
to time.
d. Department means the Department of Public Works of the City of Lynwood.
e. Director means Director of Public Works of the City of Lynwood.
f. Facilities or Appurtenances means all property of the Franchisee, including, but
not limited to, pipelines, pump stations, and service connections to the
Franchisee's Facilities, whether or not installed by the Franchisee, which are
erected, constructed, laid, operated or maintained in, upon, over, under, along
or across any street in accordance with any right or privilege granted by the
Franchise.
g. Franchise means the privilege granted by the City of Lynwood to construct,
operate and maintain oil and gas pipelines under the streets, alleys, public
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ways and public places now laid out or dedicated, and all extensions thereof,
and additions thereto, to the City of Lynwood.
h. Franchisee means Torrance Pipeline Company LLC.
i. Franchise Payment Period means the time period between the effective date
of the ordinance granting the franchise and June 30; and the period between
July 1 and June 30, of each successive calendar year during the term of the
franchise.
j. Main means any pipeline or conduit laid in, along, or approximately parallel with
any street for the collection, transmission or distribution of any substance or
commodity.
k. Major Street means any street or portion of a street designated as a major
secondary highway in the Circulation Element of the General Plan.
l. Minor Street means any street or portion of a street other than one designated
as a major secondary highway in the Circulation Element of the General Plan.
m. Person means any individual, firm, partnership, association, corporation,
company, or organization of any kind.
n. Service Connection means the wire, pipes, or conduits which connect the
building or place where the service or commodity supplied by the Franchisee
is used or delivered, or is made available for use or delivery, with the supply
line or supply main in the street or with the supply line or supply main on private
property.
o. Street means any road, highway, alley, land, or court or other public easement
or public place, and the space above and below it, which now or hereafter exists
in the City and with respect to which the City has the authori ty to grant a
Franchise.
Section 3. GRANT OF NON-EXCLUSIVE FRANCHISE
a. The privilege and Franchise is hereby granted to Franchisee, to operate and
maintain oil and gas pipelines (Facilities) under the streets, alleys, public
ways and public places now laid out or dedicated, and all extensions thereof,
and additions thereto, to the City of Lynwood, and more particularly described
as follows: A 12-inch pipeline beginning at the southerly boundary line of the
City of Lynwood, said point being 225.12 feet n ortherly of Dixon Avenue and
9.3 feet westerly of centerline Alameda Street East; thence continuing
northerly along Alameda Street East ±3,708.41 feet to a point on centerline of
Fernwood Avenue North, said point 5.25 feet westerly of the centerline of
Alameda Street East; thence continuing northerly along Alameda Street East
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±360.48 feet to a point 11.11 feet westerly of the centerline of Alameda Street
East and 35.47 feet northerly of the centerline of 112th Street; thence
northerly along Alameda Street East ±1,610.23 feet to a point 11.5 feet
westerly of centerline of Alameda Street East and 188.18 feet northerly of
centerline of 108th Street; thence continuing northerly along Alameda Street
East ±434.31 feet to a point being 10.15 feet westerly of center line of
Alameda Street East and 280.22 feet northerly of Martin Luther King Jr.
Boulevard and formally Century Boulevard; thence continuing northerly along
Alameda Street East ±411.70 feet to the northerly boundary line of Lynwood,
said point being and 9.3 feet westerly of centerline of Alameda Street East; a
total distance within the City of Lynwood of ±6,525.13 more or less all of
which is 12-inch pipeline.
b. The right to use and occupy said streets, alleys, public ways and public
places of the purpose set forth, shall not be exclusive, and the City reserves
the right to grant a similar use of such streets, alleys, public ways and public
places, to any person at any time during the period of the Franchise.
c. The Franchise is granted subject to all of the terms and conditions contained
in this Ordinance and the City of Lynwood Municipal Code. If this Ordinance
specifies terms and conditions that augment, modify, or waive the terms and
conditions set forth in the City of Lynwood Municipal Code, the provisions of
this Ordinance will be deemed to be controlling.
Section 4. TERM
The term of the Franchise shall be for a period of ten (10) years commencing thirty (30)
days atter the adoption of this Ordinance.
Section 5. ACCEPTANCE OF FRANCHISE
Within thirty (30) days after the Council's adoption of this Ordinance granting the
Franchise, the Franchisee must file with the Director, its written acceptance of the terms
and conditions of this ordinance.
Section 6. MAPS
Within ninety (90) days after the date on which any Facilities or Appurtenances have been
laid, removed or abandoned under the Franchise, the Franchisee must file with the
Department a map or maps accurately showing the "as built" location, depth, and size of
those Facilities or Appurtenances.
Section 7. INSURANCE
On or before the effective date of this Ordinance granting the Franchise, the Franchisee
must provide satisfactory evidence of having obtained policies of comprehensive general
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liability and workers' compensation insurance from companies authorized to transact
business as insurers in the State of California.
a. The policy of comprehensive general liability insurance must:
1. Be issued to the Franchisee and name the City, its officers, agents, and
employees, as additional insureds.
2. Indemnify the City against all liability for personal and bodily injury, death,
and damage to property arising from activities conducted pursuant to the Franchise and
provide for the following:
i. Coverage for negligent acts or omissions of the Franchisee, its
agents, servants and employees, committed in the conduct of Franchise
operations;
ii. A combined single-limit liability insurance coverage in the amount of
ten million dollars ($10,000,000.00); and
iii. No cancellation without thirty (30) days' prio r written notice of
cancellation to the Director.
b. The policy of workers' compensation insurance must:
1. Be in a form and substance previously approved by the California Insurance
Commissioner.
2. Cover all employees of Franchisee who will be employed or do work related
to the Franchise operations.
3. Provide for every benefit and payment required by the California Labor
Code, including, but not limited to, vocational rehabilitation and death benefits.
4. Be non-cancelable without thirty (30) days' prior written notice of
cancellation to the Director.
c. Franchisee must file with the Director, prior to commencement of any Franchise
operations, either:
1. Certified copies of the required insurance policies; or
2. A certificate of insurance for each of th e required policies, executed by the
insurer issuing the policy, and containing the following information with respect to each
policy:
i. The policy number.
ii. The date upon which the policy will become effective and the date
upon which it will expire.
iii. The name of the insured and of any additional insureds.
iv. The type and limits of coverage provided by the policy.
v. A description of all endorsements that form a part of the policy.
d. Environmental Pollution Coverage, including Contractors Pollution Liability with
minimum limits of five million dollars ($5,000,000) per claim, or ten million dollars
($10,000,000) per claim if an aggregate policy is provided, insuring against all liabilities
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related to environmental pollution and damage, including, bu t not limited to, all such
liabilities for which Franchisee would be liable pursuant to the Franchise.
e. Automobile liability insurance against claims and liability for personal injury, death,
or property damage arising from the use, construction, or maintenance of the Franchise,
providing protection in an amount no less than Two Million Dollars ($2,000,000.00) per
occurrence for personal injury, death and property damage. Said policy shall be carried
only by a financially sound insurance company admitted and licensed to do business in
the State of California and which is rated A.VII or better according to the most recent A.M.
Best Co. Rating Guide.
f. No Franchise operations may commence until Franchisee has complied with the
provisions of this Section, and all Franchise operations will be suspended during any
period that Franchisee fails to keep in effect the required insurance policies.
For commencement of the Franchise or any subsequent transfer of the Franchise or any
portion thereof, Franchisee shall furnish City with original endorsements, or copies of
each required policy, effecting and evidencing the insurance coverage required by
the Franchise. Notwithstanding the above, and subject to approval by City, Franchisee
may provide a program of self -insurance. Any self-insurance program maintained by
Franchisee shall comply with the provisions and the specified limits contained herein.
Franchisee may effect for its own account any insurance not required under this
Ordinance. Franchisee shall provide each year for the duration of the Franchise, written
notification to the City of its intent to self-insure.
Franchisee shall furnish evidence of all insurance policies required by this Ordinance.
City reserves the right to require Franchisee to deliver to City copies and endorsements
of all insurance policies required by this Ordinance, together with evidence reasonably
satisfactory to City of payment required for procurement and maintenance of the policy,
with the following time limits:
For insurance required at the commencement of the Franchise or any subsequent
transfer of the Franchise or any portion thereof, within ten (10) days after the
Franchise or any subsequent transfer of the Franchise or any portion thereof
becomes effective;
For insurance becoming required at a later date, at least (10) days before the
requirement takes effect, or as soon thereafter as the requirement, if new, takes
effect;
For any renewal or replacement of a policy already in existence, at least thirty (30)
days before expiration or other termination of the existing policy.
If Franchisee fails or refuses to procure or maintain insurance as required by this
Ordinance or fails or refuses to furnish City with required proof that the insurance
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has been procured and is in force and paid for, City shall have the right at City's
election and on ten (10) days notice, to declare the Franchise as a forfeiture.
Section 8. FAITHFUL PERFORMANCE BOND
Franchisee must maintain on file with the Director, a corporate surety bond, approved as
to form by the City Attorney, in the penal sum of one hundred thousand dollars
($100,000.00). This bond must be issued by an admitted surety insurer approved by the
Director, and provide that Franchisee will perform each condition of the Franchise and
that, upon any breach of condition of the bond, the whole amount of the penal sum will
be deemed to be liquidated damages and will be recoverable from the principal and
sureties on the bond. If the bond, after it has been filed, becomes insufficient at any time
during the term of the Franchise, the Franchisee must obtain a new bond, in a form
approved by the City Attorney, within ten (10) days after written notice to do so is given
by the Director.
Section 9. FORFEITURE
The Franchisee must comply with all conditions contained in this Ordinance, including
those conditions contained in the City of Lynwood Municipal Code which are incorporated
by reference in this Ordinance. Any neglect, failure or refusal by the Franchisee to comply
with any conditions of this Ordinance will constitute grounds for suspension or forfeiture
of the Franchise. Before any suspension or forfeiture of the Franchise, the City must give
to the Franchisee not less than thirty (30) days' written notice of any default. If the
Franchisee does not, within the noticed period, commence the work of compliance or,
after commencing, does not prosecute the work with due diligence to completion, the
Council may hold a hearing. Notice of the hearing must be given to the Franchisee by
certified mail not less than ten (10) days before the hearing. At that hearing the Franchisee
has the right to appear and be heard, and the Council may then determine whether the
conditions are material to the operation of the Franchise and whether the Franchisee is
in default of those conditions. The Council may, in its discretion, declare the Franchise
suspended or forfeited.
Section 10. STATE HIGHWAYS
a. If any street or portion of a street becomes a State highway, the State will succeed
to all rights reserved to the City by the Franchise, except for the right to continue to collect
the Franchise payments and such other rights as by law may remain with the City.
b. This Section applies to any street or portion of a street which become s a State
highway and in which the Franchisee maintains its Facilities under the authorization of
the Franchise at the time that street or portion of it becomes a State highway.
Section 11. EMINENT DOMAIN
No franchise granted by the City affects the right of the City or any successor in authority
to acquire the property of the Franchisee by purchase or condemnation, and nothing
contained in this Ordinance may be construed to contract away, modify, or abridge, either
for a term or in perpetuity, the City's right of eminent domain in respect to any public utility.
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Section 12. ADMINISTRATIVE COSTS
The Franchisee must pay to the City, within thirty (30) days after adoption of this
ordinance, an Administrative Fee of Ten Thousand Dollars ($10,000) to cover all
administrative and advertising costs associated with the preparation and advertising of
this Ordinance.
Section 13. ASSIGNMENT
The Franchisee may not transfer or assign the Franchise or any part of it, except with the
consent of the Council. A transfer or assignment may be made only after filing with the
Council a copy of the executed instrument of transfer or assignment and a written request
for the consent of the Council to that transfer or assignment. If that executed instrument
and written request are not filed with the Council within thirty (30) days prior to the
effective date of the proposed transfer or assignment, then the Franchise is subject to
forfeiture and the Council may, without notice, adopt an ordinance repealing this
Ordinance. In consenting to the proposed transfer or assignment, the Council may, by
ordinance, impose any additional terms and conditions upon the Franchise, and upon the
transferee or assignee, which the Council deems to be in the public interest. The
Franchisee has no right to transfer or assign the Franchise, in whole or in part, except in
the manner specified in this Section. This Section applies to any assignment, whether by
operation of law, by voluntary act of the Franchisee, or otherwise.
Section 14. PRIOR FRANCHISES
All Facilities erected, constructed, laid, operated, or maintained by the Franchisee in the
streets or other areas described in this Ordinance granting the Franchise, whether or not
originally installed by the Franchisee, and which are in existence prior to the effective date
of this Ordinance, are subject to all terms and conditions of this Ordinance upon its
effective date. This Section does not apply to Facilities which have been constructed, laid,
operated, or maintained under a prior right which did no t involve the issuance of a
franchise.
Section 15. DELEGATION OF AUTHORITY/DUTIES
Wherever, in this Ordinance, a power is granted to or a duty is imposed upon a public
officer or employee, the power may be exercised or the duty may be performed by a
deputy of that officer or employee or by a person otherwise duly authorized pursuant to
statute or ordinance.
Section 16. INDEMNITY AND HOLD HARMLESS
The Franchisee shall indemnify, defend, and hold harmless the City, its officers, agents,
and employees, from and against all damages and liability arising from the use, operation,
or possession of the Franchise, and from the use, operation, and maintenance of all
Facilities erected, constructed, laid, operated or maintained under the Franchise.
Franchisee will not be liable to City for any damages resulting from or arising out of the
negligent or willful acts, errors, or omissions of the City, its employees and/or authorized
representatives.
Section 17. CONFLICTING IMPROVEMENTS
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If the City or any other authorized public entity constructs or maintains any storm drain,
sewer structure, or other facility or improvement under or across any Facility of the
Franchisee which is maintained in accordance with this Ordinance, the Franchisee must
provide, at no expense to the City or other public entity, such support as is reasonably
required for the support, maintenance and protection of that facility or improvement.
Section 18. RELOCATION
In connection with any City work or improvement specified in Section 35 of this Ordin ance,
if the Franchisee, after reasonable notice, fails or refuses to relocate, permanently or
temporarily, its Facilities that are located in, on, upon, along, under, over, across, or above
any street, or to pave, surface, grade, repave, resurface, or re-grade a street as required
under any provision of the Franchise, then the City may cause that work to be done. The
City must keep an itemized account of the entire cost of that work, and the Franchisee
must reimburse the City for that cost within thirty (30) days after its receipt of an itemized
account of that cost. The Franchisee is obligated to indemnify, defend, and hold harmless
the City, its officers, agents, and employees, in accord with Section 16 of this Ordinance,
from any liability which arises or is claimed to arise from the moving, cutting, or alteration
of any of the Franchisee's Facilities, or the turning on or off of water, oil, or other liquid,
or of gas or electricity.
Section 19. DAMAGE CAUSED BY DEFECTIVE FACILITIES
If any portion of a street is damaged as a result of defective Facilities laid or constructed
under the Franchise, the Franchisee must, at its sole expense, repair that damage and
restore the street to the condition existing before the damage was incurred, all to the
satisfaction of the City. If the Franchisee, within ten (10) days after receipt of written notice
from the City instructing it to repair the damage, fails to commence compliance with those
instructions, or, after commencing compliance, fails to prosecute diligently the work to
completion, then the City may immediately undertake whatever work is necessary to carry
out those instructions. That work will be at the cost and expense of the Franchisee. By
the acceptance of the Franchise, the Franchise e agrees to pay that cost and expense
upon demand after receiving an itemized statement of reasonable costs incurred by City
in the performance of such repair. If the damage creates an immediate danger to the
public health or safety requiring immediate repair, the City may, repair that damage, and
the Franchisee must pay the reasonable cost of that repair upon demand , but only if City
takes reasonable efforts to notify Franchise of such repair action.
Section 20. HAZARDOUS SUBSTANCES
Prior to the issuance of any excavation permit for the construction or installation of a new
pipeline for the transportation of a hazardous substance in a gaseous state, or for the
transportation of hazardous liquid substances or highly volatile liquid substances, the
following conditions must be satisfied, as applicable:
a. With regard to pipelines for the transportation of a hazardous substance in a
gaseous state, approval must be obtained from the Los Angeles County Fire Department
— Petrochemical Unit. This approval will be based upon a determination that no undue
fire hazard will threaten life or property in any areas of the City where the proposed
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pipeline will be located. In making this determination, the Los Angeles County Fire
Department — Petrochemical Unit must consider and report upon the following:
1. The type of substance in a gaseous state that is to be transported in the pipeline.
2. The density of population or structural development in the areas of the City where
the pipeline will be located.
3. The adequacy of water supplies for fire suppression purposes.
4. The availability of public fire protection facilities.
5. The number and location. of shut-off valves in the pipeline.
b. With regard to pipelines for the transportation of hazardous liquid substanc es or
highly volatile substances, including hydrocarbon substances, the Franchisee must,
unless preempted by paramount State or Federal law, submit to the Director copies of
documents previously submitted to the State Fire Marshal evidencing the following:
1. That the new pipeline is designed to accommodate the passage of instrumented
inspection devices, and has leak mitigation and emergency response plans and
equipment as may be required by the State Fire Marshal, as provided for in section
51013(b) of the California Government Code.
2. That the newly constructed pipeline will be tested in accordance with subpart E
(commencing with section 195.300) of part 195 of title 49 of the Code of Federal
Regulations, as provided for in section 51013.5(a) of the Calif ornia Government Code.
3. That the Franchisee will notify the State Fire Marshal and the Los Angeles County
Fire Department — Petrochemical Unit at least three (3) working days prior to conducting
a hydrostatic test required by the Elder California Pipelin e Safety Act of 1981
(Government Code §51010 et seq.), as provided for in section 51014.3 of the California
Government Code.
4. That the Franchisee will provide to the Los Angeles County Fire Department —
Petrochemical Unit, a map or suitable diagram showing the location of the pipeline, a
description of all products to be transported within the pipeline, and a contingency plan
for pipeline emergencies that includes, without limitation, any reasonable information that
the State Fire Marshal may require, as provided for in section 51015(a) of the California
Government Code.
5. That the Franchisee will be available to meet with the Los Angeles County Fire
Department — Petrochemical Unit, at least once each calendar year to discuss and
review contingency plans for pipeline emergencies, as provided for in section 51015(e)
of the California Government Code.
6. That, with regard to any portion of the proposed pipeline that is within five hundred
feet (500') of any rail line in the City, the Franchisee will be in com pliance with all
applicable regulations adopted by the State Fire Marshal governing the construction,
testing, operations, periodic inspection, and emergency operations of intrastate
hazardous liquid pipelines, as provided for in section 51015.2 of the Cal ifornia
Government Code.
7. That the Franchisee will comply with all applicable regulations of the State Fire
Marshal that establish procedures for maintaining, testing, and inspecting mainline valves
and check valves on the intrastate hazardous liquid pip eline, as provided for in section
51015.4 of the California Government Code.
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8. That the Franchises will be in compliance with all applicable guidelines and
regulations of the State Fire Marshal relating to the spacing of valves on new pipelines
so as to limit spillage from surrounding higher ground into standard metropolitan statistical
areas and environmentally sensitive areas, as provided for in section 51016 of the
California Government Code.
9. That the Franchisee will immediately report to the Los An geles County Fire
Department — Petrochemical Unit, as well as the office of Emergency Services, every
rupture, explosion, or fire involving the pipeline, including the testing of such pipeline, as
provided for in section 51018(a) of the California Governme nt Code.
Section 21. COUNCIL APPROVAL OF LOCATION OF FACILITIES
With the exception of existing Facilities and on-going maintenance and operations
associated with such assets, the Franchisee may not install or operate any Facilities in
any public street, alley, public way, or public place without first obtaining the prior approval
of the Council.
PART B. COMPENSATION
Section 22. DAMAGE TO PUBLIC PROPERTY GENERALLY
Any damage caused directly or indirectly to any public property by the Franchisee, while
exercising any right, power, or privilege under the Franchise, or while performing any duty
under the provisions of this Ordinance, must be promptly repaired by Franchisee at its
sole cost and expense.
Section 23. COMPLIANCE WITH APPLICABLE LAWS
The Franchisee shall, at all times during the term of the Franchise, comply with all
Applicable State, Federal and Local laws, ordinances, codes, rules and regulations.
Section 24. NOTICES
All notices, bills, payments, reports, or other material required to be delivered under the
terms of the Franchise shall be delivered to:
City
City of Lynwood
Public Works Director
11330 Bullis Road
Lynwood, California 90262
Franchisee
Torrance Pipeline Company
Manager Right of Way
12851 E. 166th Street
Cerritos, California 90703
Any notices, bills, payments, reports, or other material required by this Ordinance shall
be deemed received on (a) the day of delivery if delivered by hand during Franchisee's
City Council Regular Meeting - Page 42 of 241
12
regular business hours or by email, facsimile before or during Franchisee's regular
business hours; or b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set in this Ordinance, or to such other
addresses as the parties may, from time to time, designate in writing.
Section 25. FEES
The Franchisee must pay to the City an annual Base Franchise Fee, for nonpublic utility
pipeline franchises for gas or oil products, of $3.51per lineal ft. of pipeline for a 12 inch
pipeline for each for Franchise Pay Period for the Term of this Franchise.
Section 26. PRORATION OF PAYMENTS
If Facilities are abandoned by the Franchisee with the approval of the City as elsewhere
provided in this Ordinance, or if Facilities are removed by the Franchisee, the annual
Base Franchise Fee will be prorated for that calendar year, as of the end of the calendar
month in which that abandonment or removal occurs.
Section 27. RECORDS AND INSPECTIONS
a. Franchisee must preserve for a period of five (5) years all records necessary to
determine the amount of any fee which is payable to the City under the provisions of this
Ordinance.
b. At all reasonable times, the Franchisee must permit the City to inspect all property
of the Franchisee that is erected, constructed, laid, operated , or maintained under the
Franchise, and to examine and make copies of all non -proprietary books, accounts,
papers, maps, and other records maintained by the Franchisee, or under its control, which
concern the operations, transactions, property or financial condition of the Franchisee
pertaining to the Franchise. These records must be made available to the City at a
location in the County of Los Angeles.
PART C. CONSTRUCTION
Section 28. CONSTRUCTION REQUIREMENTS
Pipelines and appurtenances must be constructed and maintained in a good and
workmanlike manner and in conformity with all applicable State, Federal and Local laws,
ordinances, codes, rules and regulations.
Section 29. NEW INSTALLATION OR REPLACEMENT
The installation or replacement of pipelines, Appurtenances, and all other Facilities
necessary for the operation, maintenance, and safety of pipelines and conduits must be
in accordance with permits issued by the Department. All proposed installations or
replacements must be reviewed and approved, if approved, by the Director as to the most
acceptable location in the City's streets.
Section 30. PERMITS
Where the provisions of any law, ordinance, code, or regulation require the issuance of
an excavation, encroachment or similar type of permit, the Franchisee may not
City Council Regular Meeting - Page 43 of 241
13
commence any excavation or encroachment work under the Franchise until it has
obtained that permit from the appropriate agency and/or the Department, except in cases
of emergency affecting the public health, safety or welfare, or the preservation of life or
property, in which case the Franchisee must apply for a permit not later than the next
business day after work has commenced.
The Franchisee's application for the permit issued by the Department must include a map
showing the length and proposed location of the pipeline or Appurtenance intended to be
used, and such other information as the Department may require. The Franchisee must
pay to the Department all permit fees including, but not limited to, permit inspection fees.
The Franchisee shall notify Underground Service Alert of Southern California at 1-800-
422-4133 and obtain an inquiry identification number (USA Ticket) a minimum of two (2)
working days not including day of submission, but not more than fourteen (14) calendar
days, prior to any excavation in the vicinity of any potentially existing underground
facilities in order to verify the location of all utilities prior to the commencement of any
excavation.
The Franchisee shall be responsible for coordinating its work with all utility companies.
Section 31. WORK ON AND RESTORATION OF STREETS
a. The work of constructing, laying, replacing, maintaining, repairing or removing
those pipelines and Appurtenances authorized under the provisions of this Ordinance in,
over, under, along or across any street must be conducted so as to cause the least
possible interference with pedestrian and vehicular travel on the street. As soon as the
work is completed, all portions of the street which have been excavated or otherwise
damaged must be promptly repaired, replaced or restored and placed in as good
condition as before the commencement of such wo rk. The restoration, repair or
replacement work may, as determined by the Director, require the resurfacing, slurry
sealing or other treatment of a street to a minimum of one driving lane, and all work must
be done to the satisfaction of the Director and a t the expense of the Franchisee.
b. If a Franchisee fails or neglects to undertake or complete the repair, replacement,
or restoration work on any street, within ten (10) days after written notice has been given
to Franchisee by the Director, the City may repair, replace or restore that street at the
expense of Franchisee. Franchisee must pay to the City all costs incurred in performing
that work. The amount chargeable is the direct cost of that work, plus the current rate of
overhead then charged by the City for reimbursable work.
Section 32. FAILURE TO TIMELY COMPLY
a. If the Franchisee fails to complete any work within the time specified in a permit,
the City may require the Franchisee to pay to the City Five Hundred Dollars ($500.00) per
day as liquidated damages for each day that construction extends bey ond the time
specified in the permit if the Franchisee fails to make a good faith effo rt to complete the
work within the time frame specified in the permit. The amount specified per d ay as
City Council Regular Meeting - Page 44 of 241
14
liquidated damages will be adjusted annually by the percentage change in CPI
commencing one year from the effective date of this Ordinance.
b. If the Franchisee fails to complete any work required by the terms and conditions
of the Franchise, or any related permits, within the required time limits, the City ma y
complete or cause to be completed that work at the expense of the Franchisee if the
Franchisee fails to make a good faith effort to complete the work with on the time frame
specified in the permit. The Franchisee must pay to the City the cost of performing that
work after receiving an itemized statement of reasonable costs incurred by City in the
performance of such repair. The amount chargeable to Franchisee is the direct cost of
that work, plus the current rate of overhead then charged by the City for reimbursable
work.
c. Franchisee shall not be liable or responsible to City, nor be deemed to have
defaulted under or breached this Agreement, for any failure or delay in fulfilling or
performing any term of this Agreement, with the exception of any obligation to pay any
fees required by this Agreement, when and to the extent such failure or delay is caused
by or results from acts beyond the Franchisee’s reasonable control and cannot be
reasonably mitigated by Franchisee, including, without limitation, the following force
majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this
agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion,
hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil
unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or
after the date of this agreement; (f) action by any governmental authority; (g) national or
regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial
disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is
defined by the United States Center for Disease Control as virulent human influenza or
infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency
state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power
or transportation facilities; and (m) other similar events beyond the reasonable control of
Franchisee.
Section 33. COMPLETION STATEMENT
Upon the completion of the construction of any pipelines or appurtenances authorized by
the Franchise, the Franchisee must submit to the Director a statement which identifies
the permit or permits issued by the Department, the total length of pipeline authorized to
be constructed under the permit or permits, and the total length of pipelines or
Appurtenances actually laid.
Section 34. APPURTENANCES
The Franchisee has the right to construct, maintain and repair all traps, manholes,
conduits, valves, appliances, attachments, and Appurtenances (collectively referred to as
"Appurtenances") as may be necessary for the proper maintenance and operation of the
pipelines under the Franchise. Those Appurtenances must be kept flush with the surface
of the street and be located so as to conform to all applicable State, Federal and local
City Council Regular Meeting - Page 45 of 241
15
laws, ordinances, codes, rules and regulations, and t o all permits issued by the
Department, and must not interfere with the use of the street for travel. The Fra nchisee
has the right, subject to all applicable State, Federal and Local laws, ordinances, codes,
rules and regulations, to make all necessary exc avations in the streets for the
construction, maintenance and repair of those Appurtenances; but the Franc hisee must
first obtain an excavation permit from the Department to undertake that work.
Section 35. ORDINARY REPAIR
The Franchisee may excavate in the street for pipeline repair for the number of days
agreed upon by the Franchisee and the Department; but the Franchisee must first obtain
an excavation permit from the Department to undertake that work.
Section 36. RELOCATION OF PIPELINES AND APPURTENANCES
a. The City reserves the right to change the grade, alignment, or width, of any public
street, way, alley, or place over which the Franchise is granted, including the construction
of any subway or viaduct. If any pipelines, Facilities or Appurtenances constructed,
installed, or maintained by the Franchisee are located in a manner which prevents or
interferes with the change of grade, traffic needs, operation, maintenance, improvements,
repair, construction, reconstruction, widening, alteration or reloc ation of a street, the
Franchisee must permanently or temporarily relocate that Facility, at no expense to the
City, upon receipt of a written request from the Director to do so. The Franchisee must
commence that work on or before the date specified in the written request, which date
may be not less than ninety (90) days from receipt of the written request. Franchisee must
then diligently prosecute that work to completion.
b. The City reserves the right for itself, and all other public entities which are now or
may later be so authorized, to lay, construct, repair, alter, relocate, and maintain
subsurface or other facilities or improvements of any type or description within the streets
over which the Franchise is granted. If the City or other public entity determines that the
location or relocation of those facilities or improvements conflicts with the Facilities laid,
constructed or maintained under the Franchise, whether those Facilities were laid before
or after the facilities of the City or other public entity were laid, the Franchisee must
relocate those Facilities or improvements, at no expense to the City or other public entity.
The Franchisee must, on or before the date specified in a written request from the
Director, which date may not be less than ninety (90) days after receipt of the notice and
request to do so, commence work to permanently or temporarily change the location of
all Facilities which conflict with those improvements to another location which is approved
by the Director. Franchisee must then diligently prosecute the work to completion. If the
street is later designated as a State highway, the rights of the State of California will be
as provided in California section 680 of the Streets and Highways Code while it remains
a State highway.
Section 37. BREAKS OR LEAKS
If any portion of a street is damaged by reason of breaks or leaks in any pipeline, conduit,
or Appurtenance constructed or maintained under the Franchise, the Franchisee must, at
its sole expense and immediately following written or oral notification from the Director,
City Council Regular Meeting - Page 46 of 241
16
promptly repair that damage and put the street in as good condition as existed before that
damage or leak, all to the satisfaction of the Department. The Franchisee must obtain an
excavation permit from the Department to undertake that work.
Section 38. EMERGENCY EQUIPMENT
At all times during the term of the Franchise, the Franchisee must maintain or arrange
for, on a twenty four (24) hour basis, an emergency telephone number provided to the
Los Angeles County Fire Department Station 147, adequate emergency equipment, and
a properly trained emergency crew. The emergency equipment and crew must be
available within a radius of twenty five (25) miles from any Facilities installed or
maintained under the Franchise for the following purpose: shutt ing off the pressure and
the flow of substances in those Facilities in the event of an emergency resulting from an
earthquake, act of war, civil disturbance, fire, flood, or any other cause.
Section 39. REMOVAL OR ABANDONMENT OF FACILITIES
a. Upon the expiration, revocation or termination of the Franchise, or upon the
permanent discontinuance of the use of all or a portion of its Facilities, Franchisee must,
within the following thirty (30) days, make written application to the Director for authority,
as determined by the Franchisee, either: 1) to abandon all or a portion of those Facilities
in place; or 2) to remove all or a portion of those Facilities. The application must describe
the Facilities desired to be abandoned or removed by reference to the map or maps
required by Section 6 of this Ordinance and must describe with reasonable accuracy the
physical condition of those Facilities.
b. The Director must determine whether the abandonment or removal proposed by
the Franchisee may be performed without detriment to the public interest and under what
conditions the proposed abandonment or removal may be safely completed. The Director
must then notify the Franchisee of that determination. The Franchisee must pay to the
City the cost of all tests and studies required to determine the disposition of the application
for abandonment or removal.
c. Within thirty (30) days after receipt of the notice, the Franchisee must apply for a
permit from the Department to abandon or remove all or any portion of the Faciliti es and
must pay all applicable fees and costs. The permit must set forth any conditions of
abandonment or removal that may be prescribed by the Director. Any abandonment of
the Facilities must be conditioned, in part, upon Franchisee's future compliance with the
provisions of Section 35 of this Ordinance.
d. Within ninety (90) days after obtaining the permit, the Franchisee must commence
and diligently prosecute to completion the work authorized by the permit.
e. If the Franchisee applies for authority to abandon in place all or a portion of its
Facilities, and the Director determines, in his or her sole discretion, that such
abandonment in place may be effected without detriment to the public interest, and the
Director accepts such abandonment in place of all or a portion of the Facilities, the
Franchisee must pay to the City an abandonment fee as follows:
City Council Regular Meeting - Page 47 of 241
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Pipelines with an Internal Diameter of: Amount per Lineal Foot
0-12 inches $15.00
13-18 inches $22.00
19-30 inches $28.00
Section 40. FAILURE TO COMPLY
a. If any Facilities proposed to be abandoned "in place" and subject to prescribed
conditions are not abandoned in accordance with those conditions, the Director may issue
additional orders, including an order that the Franchisee remove any or a ll of those
Facilities. The Franchisee must comply with these additional orders.
b. If the Franchisee fails to comply with the terms and conditions of abandonment or
removal as required by this Ordinance and within the time prescribed by the Director, then
the City may remove or cause to be removed those Facilities at the Franchisee's expense.
The Franchisee must pay to the City the cost of that work, plus the current rate of
overhead then charged by the City for reimbursable work after receiving an itemized
statement of reasonable costs incurred by City in the performance of such repair.
c. If, upon the expiration, revocation or termination of the Franchise, or the permanent
discontinuance of the use of all or a portion of its Facilities, the Franchis ee, within thirty
(30) days thereafter, fails or refuses to make written application for the authority
referenced above, the Director will make the determination as to whether the Facilities
are to be abandoned in place or removed. The Director must then n otify the Franchisee
of that determination. The Franchisee must then comply with the provisions of Section 3 9
of this Ordinance.
Section 41. ABANDONMENT "IN PLACE" CONDITIONS:
Facilities abandoned "in place" are subject to the condition that, if at any time after the
effective date of the abandonment, the Director determines that any Facility interferes
with a public project, Franchisee or its successor in interest must remove that Facility at
its expense when requested to do so by the City, or pay the C ity for the cost of that
removal.
PART D. SPECIAL PROVISIONS
Section 42. RIGHTS GRANTED
Franchisee has the right, during the term of that Franchise, to transport petroleum, oil,
gas, gasoline, and like substances through the pipelines maintained under th e Franchise.
Section 43. MATERIALS USED
All pipelines used for the transportation of petroleum, oil, gas, gasoline, and like
substances, or other flammable liquids must be of standard material and in conformity
with current American Petroleum Institute pipeline specifications.
City Council Regular Meeting - Page 48 of 241
18
Section 44. APPROVALS
No excavation permit for a pipeline to be constructed or installed in accordance with the
Franchise may be issued unless the Franchisee has complied with all applicable
provisions of Subsection 20b of this Ordinance relating to pipelines for the transportation
of hazardous liquid substances or highly volatile liquid substances. This requirement does
not apply to emergency situations, such as those involving the mitigation of pipeline
ruptures, spills or leaks.
Section 45. REPORTS
During the term of the Franchise, and within thirty (30) days after the expiration of each
Franchise Payment Period, the Franchisee must:
a. File with the Director two (2) copies of a report, verified under penalty of perjury by
a duly authorized representative of the Franchisee, showing for the immediately
preceding Franchise Payment Period: 1) the length of all lines in streets; 2) the
internal diameter of those lines; 3) the rate per foot per year; and 4) the total
amount due the City.
b. File with the Director a report in triplicate, showing the number of each permit
obtained for the installation of new mains during the immediately preceding
Franchise Payment Period, together with the length and size of those mains. The
Franchisee must show on this report any change in pipeline footage since the last
Franchise Payment Period, segregating that footage as to new mains laid, old
mains removed, old mains abandoned in place, and the footage of mains in any
territory annexed or incorporated since the last Franchise Payment Period.
Section 46. PAYMENTS DUE
The Franchisee's payments are due semi-annually in accordance with the Franchise
Payment Period indicated in Section 2 of this Ordinance.
Section 47. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance,
and each and every section, subsection, sentence, clause, or phrase not declared invalid
or unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
Section 48. CEQA COMPLIANCE – CATEGORICAL EXEMPTION
All procedures of the California Environmental Quality Act ("CEQA"), California Public
Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code
of Regulations, chapter 3, §15000 et seq. have been satisfied and the City Counci l has
found that the proposed Project is Categorically Exempt from California Environmental
City Council Regular Meeting - Page 49 of 241
19
Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 -
Existing Facilities. This exemption applies to projects involving the operation, repair,
maintenance, permitting, leasing, licensing or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features involving negligible
or no expansion of existing or former use.
Evidence: After a thorough examination of the project application for the proposed project
and proposed Site, staff determined that the approval of this development agreement and
the related renewal of an existing Pipeline Franchise with no expansion of us e meet the
provisions of CEQA categorical exemptions.
Evidence: Pursuant to CEQA, the City Council finds and determines there is no
substantial evidence that the proposed project could have a significant effect on the
environment. The City Council finds that the proposed project will not cause any physical
change in the environment, that the project is categorically exempt from CEQA under
Administrative Code, Title 14, Chapter 3, § 15301 (a), Class 1, Existing Facilities, and
therefore no further action is required under CEQA because the proposed project consists
of the renewal of an existing Pipeline Franchise with no expansion of use.
Section 49. PUBLISHING ORDINANCE
The City Clerk is directed to certify to the passage and adoption of this Ordinance and
to cause it to be posted or published as required by law and said Ordinance shall become
effective 30 days after its passage.
PASSED, APPROVED AND ADOPTED this ____ day of ________ 20 23.
________________________________
Oscar Flores, Mayor
ATTEST:
_______________________________
Maria Quiñonez, City Clerk
APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________
Noel Tapia, City Attorney Ernie Hernandez, City Manager
City Council Regular Meeting - Page 50 of 241
20
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
__________, 2023, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quiñonez, City Clerk
City Council Regular Meeting - Page 51 of 241
RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO
TORRANCE PIPELINE COMPANY LLC
RECITALS
WHEREAS, On March 18, 2008, the City Council of the City of Lynwood (“City
Council”) adopted Ordinance No. 1600, which granted ExxonMobil Oil Corporation a
non-exclusive fifteen (15) year franchise to operate and maintain a pipeline system for
the transportation of oil and gas under certain public ways and public places within City
boundaries (“Franchise”); and
WHEREAS, on June 7, 2016, the City Council approved the transfer of Pipeline
Ordinance No. 1600 from the ExxonMobil Oil Corporation to Torrance Pipeline
Company LLC; and
WHEREAS, the Franchise will expire in April of 2023 and Torrance Pipeline
Company LLC desire to extend the Franchise for an additional fifteen (15) year term;
and
WHEREAS, on April 5, 2022 and December 5, 2022, Torrance Pipeline
Company LLC has filed requests to extend the existing pipeline Franchise; and
WHEREAS, pursuant to California Public Utilities Code Section 6232, the City
Council desires to adopt a resolution declaring its intent to grant a pipeline franchise to
Torrance Pipeline Company LLC and direct the City Clerk to publish notice of the
related hearing within fifteen (15) days after adoption of said resolution .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the above
Recitals are true and correct and incorporates such Recitals into this Resolution.
Section 2. That City Council hereby declares its intention to grant Torrance
Pipeline Company LLC a franchise to operate and maintain a pipeline system for the
transportation of oil and gas under certain public ways and public places within City
boundaries for an additional ten (10) year period;
Section 3. That it is the opinion of the City Council that the public good
requires that said Franchise be granted;
Section 4. That City Council will hear objections to the granting of said
Franchise on March 7 & 21, 2023 at 6:00 p.m. in the Council Chambers of City Hall,
11330 Bullis Road, Lynwood, California.
City Council Regular Meeting - Page 52 of 241
Section 5. The City Clerk is hereby directed to publish notice of the hearing at
least once in a newspaper of general circulation printed and published nearest to the
City of Lynwood, within 15 days after the passage of this Resolution; and
Section 6. The City Clerk shall certify to the adoption of this Resolution and
hereafter the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this ____ day of ________ 20 23.
________________________________
Oscar Flores, Mayor
ATTEST:
___________________________ ______________________________
María Quiñónez, City Clerk Ernie Hernandez, City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________
Noel Tapia, City Attorney Gabriel Linares
Director of Community Development
City Council Regular Meeting - Page 53 of 241
A genda Item # 10.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Harry Wong, D irector of F inance & A dministration
L illy Hampton, S enior A ccounting Technician
S U B J E C T: A P P ROVA L OF TH E WA RRA NT RE GIS TE R
Recommendation:
S taff respectfully recommends that the C ity C ouncil of the C ity of Lynwood approve the warrant regi ster dated
March 21, 2023 for F Y 2022-2023.
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
F Y 2022-2023
Coordinated With:
N/A
AT TAC H ME N T S:
Description
WAR R AN T R U N 3 21 2023
R E S OL U T ION ITEM
City Council Regular Meeting - Page 54 of 241
WR 3 21 2023
apCkHist Void-Check Listing Page: 1
03/16/2023 1:17PM City of Lynwood
Bank code: apbank
Void Check# Date Vendor Status ClearNoid Date Reason-Void Reissue Inv. Date Amount Paid Check Total --
205644 09/20/2022 012486 JAVIER ARMANDO PEREZ 03/14/2023 STALE DATED 207067 08/15/2022 3,032 .00
03/14/2023 012486-073122 07/21/2022 2 ,872 .00 5,904 .00
205790 10/04/2022 013215 THE HOME DEPOT PRO 03/09/2023 STALE DATED 207054 09/16/2022 1,190.70 1,190.70
205898 10/18/2022 012486 JAVIER ARMANDO PEREZ 03/14/2023 STALE DATED 207067 09/13/2022 2,352 .00 2,352 .00
206568 01/17/2023 003313 LOS ANGELES 03/09/2023 LOST IN MAIL 207055 08/31/2022 360 .00
03/09/2023 6017701 09/30/2022 232 .00
03/09/2023 6018014 11/23/2022 140.00
03/09/2023 6018044 11/30/2022 140.00
03/09/2023 6017121 07/31/2022 52.00 924 .00
206790 02/07/2023 012148 JACOB BARRERA 03/07/2023 LOST IN MAIL 207053 01/10/2023 1,250.00 1,250.00
206832 02/21/2023 007243 LOS ANGELES COUNTY 03/15/2023 RETURN BANK 207074 01/17/2023 770 .64
03/15/2023 23011703605 01/17/2023 689.88 1,460.52
206860 02/21/2023 011638 LINDSAY MARCIA COX 03/14/2023 LOST IN MAIL 207056 01/30/2023 4 ,000 .00 4,000 .00
apbank Total : 17,081.22
7 checks in this report Total Checks: 17,081.22
Page: 1
City Council Regular Meeting - Page 55 of 241
vchlist
03/16/2023 12:48:01 PM
Electronic Financial Transaction List
City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO#
1519 12/2/2022 005794 INTERNAL REVENUE SERVICE Ben149636
1520 12/5/2022 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben149638
1538 2/28/2023 012556 KEENAN & ASSOCIATES Ben150363
1539 1/13/2023 005794 INTERNAL REVENUE SERVICE Ben150365
1540 2/9/2023 013073 CALPERS INSURANCE Ben150367
1542 1/13/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben150371
1546 2/28/2023 012556 KEENAN & ASSOCIATES Ben150546
1547 1/26/2023 005794 INTERNAL REVENUE SERVICE Ben150548
1548 2/9/2023 013073 CALPERS INSURANCE Ben150550
1550 1/27/2023 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben150554
1552 2/8/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben150558
1553 2/8/2023 013507 NATIONWIDE RETIREMENT SOLUTION Ben150560
1554 2/28/2023 012556 KEENAN & ASSOCIATES Ben150572
Page: 2
Description/Account Amount
SOCIAL SECURITY : PAYMENT 453.50
Total: 453.50
STATE WITHHOLDING TAXES : 11 .99
Total : 11.99
DEL TA DENTAL : PAYMENT 4 ,590.24
Total : 4,590.24
SOCIAL SECURITY: PAYMENT 40 ,917.55
Total: 40,917.55
MEDICAL PREMIUM :PAYMENT 59 ,377.48
Total: 59,377.48
STATE WITHHOLDING TAXES : 12,172 .21
Total: 12,172.21
DELTA DENTAL: PAYMENT 4,443.46
Total: 4,443.46
SOCIAL SECURITY: PAYMENT 44,144.42
Total: 44,144.42
MEDICAL PREMIUM :PAYMENT 59,134 .84
Total: 59,134.84
STATE WITHHOLDING TAXES : 12 ,389 .20
Total: 12,389.20
DEF COMP-NATIONWIDE : 13,197.45
Total : 13,197.45
401A: PAYMENT 201.44
Total : 201.44
DEL TA DENTAL: PAYMENT 92.48
Page : 2
City Council Regular Meeting - Page 56 of 241
vchlist
03/16/2023 12:48:01PM
Electronic Financial Transaction List
City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO#
1554 2/28/2023 012556 012556 KEENAN & ASSOCIATES (Continued)
1555 1/26/2023 005794 INTERNAL REVENUE SERVICE Ben150574
1556 2/9/2023 013073 CALPERS INSURANCE Ben150576
1557 2/2/2023 013090 PERS Ben150578
1559 2/21/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben150582
1565 2/17/2023 013091 PERS 457 Ben151042
1566 2/17/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben151044
1567 3/3/2023 013507 NATIONWIDE RETIREMENT SOLUTION Ben151046
1573 3/1/2023 013091 PERS 457 Ben151152
1574 3/3/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben151154
1575 3/3/2023 013507 NATIONWIDE RETIREMENT SOLUTION Ben151156
1580 3/1/2023 013091 PERS 457 Ben151172
1581 3/3/2023 010069 NATIONWIDE RETIREMENT SOLUTION Ben151174
1005261 217/2023 010935 WESTERN ALLIANCE BANK 010935-030123 02-002620
Page: 3
Description/Account Amount
Total: 92.48
SOCIAL SECURITY : PAYMENT 729 .20
Total: 729.20
KAISER : PAYMENT 754.64
Total : 754.64
PERS : PAYMENT 490 .38
Total: 490.38
DEF COMP-NATIONWIDE: 500 .00
Total : 500.00
DEF COMP-PERS 457 : PAYMENT 6 ,411 .04
Total : 6,411.04
DEF COMP -NATIONWIDE : 22,040.54
Total: 22 ,040.54
401A : PAYMENT 201.44
Total : 201.44
DEF COMP -PERS 457: PAYMENT 6,561 .04
Total: 6,561.04
DEF COMP-NATIONWIDE : 12 ,940.78
Total: 12,940.78
401A: PAYMENT 201 .44
Total : 201.44
DEF COMP-PERS 457: PAYMENT 3,691 .20
Total: 3,691.20
DEF COMP -NATIONWIDE: 500 .00
Total : 500.00
LEASE REVENUE BOND 2017/2003 A 102,626 .89
--
Page : 3
City Council Regular Meeting - Page 57 of 241
vchlist
03/16/2023 12:48:01 PM
Bank code: apbank
Voucher Date Vendor
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
1005261
1005262
2/7/2023 01 0935 010935 WESTERN ALLIANCE BANK (Continued)
100000017058784
100000017058785
2/9/2023 013073 CALPERS INSURANCE
1005263 2/13/2023 000124 CITY OF LYNWOOD 35635-35698
1005264 2/22/2023 013121 AUL HEALTH BENEFIT TRUST C/O, 013121-033123
1005265 2/28/2023 011076 KEENAN & ASSOCIATES 011076-022823
30 Vouchers for bank code : apbank
Page: 4
Description/Account Amount
Total: 102,626.89
MEDICAL PREMIUM 2/2023 16,696 .29
MEDICAL PREMIUM 2/2023 286 .67
Total : 16,982.96
REPLENISH WORKERS' COMP 40,915 .77
Total: 40,915.77
REIMB-RETIREE MEDICAL PREMIUM 58,150.39
Total: 58,150.39
DENTAL PREMIUM 2/2023 7,251 .81
Total: 7,251.81
Bank total: 532,075.78
Page : 4
City Council Regular Meeting - Page 58 of 241
vchlist Prepaid-Check List Page : 5
03/15/2023 3:20:24PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207032 3/6/2023 005344 AT&T MOBILITY 287260367753X010823 12-000416 CELL PHONE SERVICE 3,037.71
Total : 3,037.71
207033 3/6/2023 013321 HERNANDEZ, ERNIE Feb 3-5,2023 REIMBURSEMENT 703.42
Total : 703.42
207034 3/6/2023 000111 MANAGED HEAL TH NETWORK PRM-078799 05-001935 PROF & CONTRACTUAL SERVICE 303.05
Total : 303.05
207035 3/6/2023 005256 MONJARAS & WISMEYER GROUP,INC. 22942 05-001936 PROF & CONTRACTUAL SERVICE 700.00
Total: 700.00
207036 3/6/2023 004854 PETTY CASH-FINANCE 004854-022723 REPLENISH PETTY CASH BOX 611 .73
Total: 611.73
207037 3/6/2023 006281 PROFESSIONAL SECURITY, IN000122417 08-005083 PROF & CONTRACTUAL SERVICE 1,061 .02
IN000122417-A 08-005013 PROF & CONTRACTUAL SERVICE 7 ,353 .44
IN000122492 08-005083 PROF & CONTRACTUAL SERVICE 8,923.36
IN000122736 08-005083 PROF & CONTRACTUAL SERVICE 5,421.91
Total: 22,759.73
207038 3/6/2023 013288 SPECTRUM 0244895020123 12-000411 INTERNET AND CABLE FOR CITY 219.98
Total: 219.98
207039 3/6/2023 013288 SPECTRUM 0543478011623 12-000411 INTERNET SERVICE 219.98
0543478021623 12-000411 INTERNET SERVICE 219 .98
Total : 439.96
207040 3/6/2023 013288 SPECTRUM 0603173011523 12-000411 INTERNET SERVICE 188 .93
0603173021523 12-000411 INTERNET SERVICE 188 .93
Total : 377.86
207041 3/6/2023 013288 SPECTRUM 0031912011623 12-000411 INTERNET SERVICE 150.06
0031912021623 12-000411 INTERNET SERVICE 150.02
Total : 300.08
207042 3/6/2023 007551 AFSCME DISTRICT COUNCIL 36 Ben151020 ASSOCIATION DUES : PAYMENT 1,761 .94
Page : 5
City Council Regular Meeting - Page 59 of 241
vchlist Prepaid-Check List Page: 6
03/15/2023 3:20:24PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Desc ri ption/Accou nt Amount --
207042 3/6/2023 007551 AFSCME DISTRICT COUNCIL 36 (Continued)
Ben151128 ASSOCIATION DUES : PAYMENT 1,773 .14
Total : 3,535.08
207043 3/6/2023 013747 AMERIFLEX Ben151026 HEALTH FSA PRE-TAX : PAYMENT 837 .09
Ben151134 HEALTH FSA PRE -TAX : PAYMENT 837 .09
Total: 1,674.18
207044 3/6/2023 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben151024 MGMT. ASSOCIATION DUES: 187 .50
Ben151132 MGMT. ASSOCIATION DUES: 187 .50
Total: 375.00
207045 3/6/2023 005282 FRANCHISE TAX BOARD Ben151138 FRANCHISE TAX BOARD: PAYMENT 511.44
Total: 511.44
207046 3/6/2023 013730 INSURANCE COMPANY, COLONIAL LIFE Ben151016 ACCIDENT PRETAX : PAYMENT 2,313 .33
Ben151124 ACCIDENT PRETAX : PAYMENT 2,267 .88
Total: 4,581.21
207047 3/6/2023 013084 LE, JESSICA Ben151140 JESSICA HERRERA : PAYMENT 293 .00
Total : 293.00
207048 3/6/2023 010048 LEGAL SHIELD Ben151028 LEGAL SHIELD: PAYMENT 49 .84
Ben151136 LEGAL SHIELD : PAYMENT 49 .84
Total: 99.68
207049 3nt2023 011188 INSURANCE COMPANY, THE LINCOLN 4505280151 LTD PREMIUM 2/2023 4 ,695 .40
4519772739 LTD PREMIUM 3/2023 4,748 .94
Total : 9,444.34
207050 3n/2023 000163 SOUTHERN CALIFORNIA EDISON 00016303062023 LIGHT & POWER SERVICES 56 ,477.59
Total : 56,477.59
207051 3/7/2023 001224 STANDARD INSURANCE COMPANY 001224033123 RETIREE LIFE INSURANCE 3/2023 733 .00
Total : 733.00
207052 3nt2023 001224 STANDARD INSURANCE COMPANY Ben151018 STANDARD LIFE INSURANCE: 701.39
Ben151126 STANDARD LIFE INSURANCE 647 .98
Page : 6
City Council Regular Meeting - Page 60 of 241
vchlist Prepaid-Check List Page: 7
03/15/2023 3:20:24PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207052 3/7/2023 001224 STANDARD INSURANCE COMPANY (Continued)
Ben151160 STANDARD LIFE INSURANCE: 57 .63
Total: 1,407.00
207053 3/7/2023 012148 BARRERA, JACOB CL027 08-005086 COMMUNITY ACTIVITY EXPENSE 1,250 .00
Total: 1,250.00
207054 3/9/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 707425898 06-009630 PAINT & SUPPLIES 1,190 .70
Total : 1,190.70
207057 3/14/2023 005078 4IMPRINT, INC . 10135293 08-005088 PROMOTIONAL ITEMS 458 .92
Total : 458.92
207058 3/14/2023 013497 ALTA LANGUAGE SERVICES , INC IS639750 05-001937 BILINGUAL TESTING 55.00
Total : 55.00
207059 3/14/2023 005344 AT&T MOBILITY 287260367753X020823 12-000416 CELL PHONE SERVICE 3,127 .07
287260367753X020823A IPAD PURCHASE 1,224 .99
Total: 4,352.06
207060 3/14/2023 001987 DISTRICT OF SOUTHERN CALIF ., WATER 01312023 06-009617 PROF & CONTRACTUAL SERVICE 143,118.42
Total: 143,118.42
207061 3/14/2023 000486 LIBERTY UTILITIES 164055-030323 06-009582 WATER USE FOR IRRIGATION 25.33
164060-030323 06-009582 WATER USE FOR IRRIGATION 25 .33
Total : 50.66
207062 3/14/2023 009041 LOYA , RUUD AND ROMO, ATKINSON , 668919 05-001942 LEGAL SERVICES 151 .01
671213 05-001942 LEGAL SERVICES 401 .50
673597 05-001942 LEGAL SERVICES 511 .00
Total : 1,063.51
207063 3/14/2023 002386 T-MOBILE USA, INC 983463843-021923 12-000422 CELL PHONE SERVICE 370 .92
Total : 370.92
207064 3/14/2023 013619 TOYOTA FINANCIAL SERVICES 001 7362931-030623 01-001722 AUTO EXPENSE 777.65
Total : 777.65
Page : 7
City Council Regular Meeting - Page 61 of 241
vchlist
03/15/2023 3:20:24PM
Prepaid-Check List
City of Lynwood
Bank code: apbank
Voucher
207065
207066
207068
207069
207070
207071
207072
207073
207074
Date Vendor
3/14/2023 013487 TRUSAIC
3/14/2023 001302 U.S . BANK
3/15/2023 006399 AT&T
3/15/2023 003352 DEPT. OF JUSTICE CTRL SERVICES
3/15/2023 013777 DIONE BULLARD LLC
3/15/2023 012270 MUNIENVIRONMENTAL, LLC
3/15/2023 013776 ROSS, CHAZZ
3/15/2023 000163 SOUTHERN CALIFORNIA EDISON
Invoice ---------
CINV-027659
001302-021523
000019538309
000019557919
000019600403
000019601616
639269
013777-022323
22-029
013776-022323
00016303142023
3/15/2023 007243 PUBLIC WORKS , LOS ANGELES COUNTY 23011703605
23011703606
40 Vouchers for bank code : apbank
40 Vouchers in this report
PO#
05-001933
05-001946
06-009788
06-009625
06-009625
Description/Account
PROF & CONTRACTUAL SERVICE
Total :
BANKCARD CHARGES
Total:
TELEPHONE SERVICE
TELEPHONE SERVICE
TELEPHONE SERVICE
TELEPHONE SERVICE
Total:
PROF & CONTRACTUAL SERVICE
Total:
CATERING SERVICE
Total:
PROF & CONTRACTUAL SERVICE
Total:
COMMUNITY ACTIVITY EXPENSE
Total:
LIGHT & POWER SERVICES
Total:
PROF & CONTRACTUAL SERVICE
PROF & CONTRACTUAL SERVICE
Total:
Bank total:
Total vouchers :
Page: 8
Amount
515 .00
515.00
14,690 .69
14,690.69
1,230 .39
101 .74
837 .08
198.99
2,368.20
256 .00
256.00
1,125 .00
1,125.00
19 ,556 .25
19,556.25
200.00
200.00
23,643 .26
23,643.26
689 .88
770 .64
1,460.52
325,087.80
325,087.80
Page : 8
City Council Regular Meeting - Page 62 of 241
vchlist
03/16/2023
Bank code :
Voucher
207055
207056
207067
1:37:47PM
apbank
Date Vendor
3/9/2023 003313 TRANSPORTATION, LOS ANGELES
3/14/2023 011638 LINDSAY MARCIA COX
3/14/2023 012486 PEREZ, JAVIER ARMANDO
3 Vouchers for bank code :
3 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice ---------
6017121
6017452
6017701
6018014
6018044
111222A
012486-073122
012486-083122
012486-093022
PO# -------
02-002616
02-002616
02-002616
02-002616
02-002616
08-005020
08-005020
08-005020
Description/Account
BUS PASS SUBSIDY
BUS PASS SUBSIDY
BUS PASS SUBSIDY
BUS PASS SUBSIDY
BUS PASS SUBSIDY
Total :
PROF & CONTRACTUAL SERVICE
Total :
PROF & CONTRACTUAL SERVICE
PROF & CONTRACTUAL SERVICE
PROF & CONTRACTUAL SERVICE
Total :
Bank total :
Total vouchers :
Page: 9
Amount
52.00
360.00
232.00
140.00
140.00
924.00
4,000.00
4,000.00
2,872.00
3,032.00
2,352 .00
8,256.00
13,180.00
13,180.00
Page : 9
City Council Regular Meeting - Page 63 of 241
vchlist Check List Page: 10
03/16/2023 1:12:37PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207075 3/21/2023 000743 ADMINISTRATIVE SVCS. CO-OP 230128 08-005054 PROF & CONTRACTUAL SERVICE 9 ,065 .94
Total : 9,065.94
207076 3/21/2023 007439 ALL CITY MANAGEMENT SVCS, INC . 83601 11-002148 PROF & CONTRACTUAL SERVICE 15,358 .14
Total : 15,358.14
207077 3/21/2023 011719 ALL STAR ELITE SPORTS 3321 08-005092 OPERATING SUPPLIES 1,489.93
Total: 1,489.93
207078 3/21/2023 010746 ALVAREZ-GLASMAN & COLVIN 2022-11-20580-7 02-002622 LEGAL SERVICES 44.00
2022-11-20580-8 02-002622 LEGAL SERVICES 799.50
2022-11-20584 02-002622 LEGAL SERVICES 5,773 .75
2022-12-20610 02-002622 LEGAL SERVICES 6,603.50
2022-12-20610-1 02-002622 LEGAL SERVICES 6,836 .00
2022-12-20610-2 02-002622 LEGAL SERVICES 88 .00
2022-12-20610-3 02-002622 LEGAL SERVICES 399 .50
2022-12-20610-5 02-002622 LEGAL SERVICES 1,694 .00
2022-12-20610-6 02-002622 LEGAL SERVICES 13,769 .35
2022-12-20611 01-001747 LEGAL SERVICES 3,713.00
2022-12-20612 02-002622 LEGAL SERVICES 79 .50
2022-12-20612-4 02-002622 LEGAL SERVICES 556.50
2022-12-20613 02-002622 LEGAL SERVICES 53 .00
2022-12-20614 02-002622 LEGAL SERVICES 2,729 .50
2022-12-20615-1 02-002622 LEGAL SERVICES 901.00
Total: 44,040.10
207079 3/21/2023 002452 AMERICAN LANGUAGE SVCS . 73089 01-001732 PROF & CONTRACTUAL SERVICE 489 .30
73303 01-001732 PROF & CONTRACTUAL SERVICE 423 .10
Total : 912.40
207080 3/21/2023 003312 AMERICAN RENTALS 524618 06-009662 SUPPLIES AND EQUIPMENT 338.93
525156 06-009662 SUPPLIES AND EQUIPMENT 675 .79
525367 06-009662 SUPPLIES AND EQUIPMENT 341.63
Total : 1,356.35
207081 3/21/2023 011094 AM-TEC TOTAL SECURITY, INC. 627016 08-005026 ALARM MONITORING SERVICE 91 .50
Page : 10
City Council Regular Meeting - Page 64 of 241
vchlist Check List Page: 11
03/16/2023 1:12:37PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207081 3/21/2023 011094 011094 AM-TEC TOTAL SECURITY , INC . (Continued) Total : 91.50
207082 3/21/2023 012693 ANIMAL EMERGENCY, LONG BEACH 01-04-2023-1 /12/2023 11 -002169 PROF & CONTRACTUAL SERVICE 1,095 .74
680139 11-002169 PROF & CONTRACTUAL SERVICE 589 .71
681243 11-002169 PROF & CONTRACTUAL SERVICE 89 .18
682339 11-002169 PROF & CONTRACTUAL SERVICE 201.43
683036;683063 11-002169 PROF & CONTRACTUAL SERVICE 876.65
Total: 2,852.71
207083 3/21/2023 013545 BANNER BANK 9-WEST 5% RETENTION-ESCROW #2013 1,467 .85
Total : 1,467.85
207084 3/21/2023 000115 BAUTISTA, JUAN ANTONIO 000115-012623 08-005015 PROF & CONTRACTUAL SERVICE 739 .20
Total : 739.20
207085 3/21/2023 004986 BIOMETRICS4ALL, INC COLYN0105 05-001938 LIVE SCAN RELAY FEE 9.00
Total : 9.00
207086 3/21/2023 000884 BLUE DIAMOND MATERIALS 3049340 06-009648 OPERATING SUPPLIES 1,594.24
Total : 1,594.24
207087 3/21/2023 013589 BNS FLEET SERVICE INC 22446 06-009616 AUTO EXPENSE 1,576.60
22510 06-009616 AUTO EXPENSE 560 .04
Total : 2,136.64
207088 3/21/2023 000300 BUBBS HARDWARE 254 06-009795 MATERIALS AND SUPPLIES 19 .78
255 06-009599 MATERIALS AND SUPPLIES 39 .75
' Total: 59.53
207089 3/21/2023 000032 CAL ADDISON 573317 06-009600 AUTO EXPENSE 160 .00
573320 06-009600 AUTO EXPENSE 225 .00
Total : 385.00
207090 3/21/2023 001195 CDW GOVERNMENT GV61913 11-002214 PROF & CONTRACTUAL SERVICE 616.91
GV71563 11-002214 PROF & CONTRACTUAL SERVICE 616.00
Total : 1,232.91
207091 3/21/2023 006573 CENTRAL FORD AUTOMOTIVE , INC . 28118 06-009573 AUTO EXPENSE 725.81
Page: 11
City Council Regular Meeting - Page 65 of 241
vchlist Check List Page: 12
03/16/2023 1:12:37PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207091 3/21/2023 006573 006573 CENTRAL FORD AUTOMOTIVE , INC . (Continued) Total : 725.81
207092 3/21/2023 009302 CHESSER , CHRISTINE 18575440 PROF & CONTRACTUAL SERVICE 250 .00
Total : 250.00
207093 3/21/2023 002319 CINDY'S JUMPERS 59369 08-005075 COMMUNITY ACTIVITY EXPENSE 1,778 .00
Total : 1 ,778.00
207094 3/21/2023 000702 CINTAS DOCUMENT MANAGEMENT 8406053874 05-001951 PROF & CONTRACTUAL SERVICE 878 .86
8406100912 05-001951 PROF & CONTRACTUAL SERVICE 870.98
8406146034 05-001951 PROF & CONTRACTUAL SERVICE 870 .98
Total: 2,620.82
207095 3/21/2023 001571 CLINICAL LAB OF SAN BERNARDINO 2300139-LYN01 06 -009602 PROF & CONTRACTUAL SERVICE 780 .00
2300300-L YN01 06-009602 PROF & CONTRACTUAL SERVICE 1,955 .00
Total : 2,735.00
207096 3/21/2023 013555 COLLINS , JORDAN 013555-022523 08-005009 COMMUNITY ACTIVITY EXPENSE 520 .00
Total : 520.00
207097 3/21/2023 010854 CONSTRUCTION, 316 ENGINEERING & 22-256-01 06-009832 PROF & CONTRACTUAL SERVICE 145,150.00
Total : 145,150.00
207098 3/21/2023 001306 CORELOGIC SOLUTIONS, LLC. 30649170 12-000408 PROF & CONTRACTUAL SERVICE 273.18
30655115 12-000408 PROF & CONTRACTUAL SERVICE 273 .18
Total : 546.36
207099 3/21/2023 013780 CORTES , LUCIA 001797-0202 REFUNDABLE DEPOSIT 2,800 .00
Total: 2,800.00
207100 3/21/2023 010638 COURT OF CALIFORNIA , COUNTY OF LA 7 40A-0 1312023 11-002163 PARKING CITATIONS AND BAIL 17,130 .50
Total: 17,130.50
207101 3/21/2023 007223 COX, CASTLE & NICHOLSON LLP 548624 11-002217 LEGAL SERVICE 5,172 .70
550356 11-002217 LEGAL SERVICE 10 ,179 .80
551505 11 -002217 LEGAL SERVICE 21 ,528 .75
553088 11-002217 LEGAL SERVICE 12,558 .00
553127 11-002217 LEGAL SERVICE 10 ,147 .60
--
Page : 12
City Council Regular Meeting - Page 66 of 241
vchlist Check List Page: 13
03/16/2023 1:12 :37PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207101 3/21/2023 007223 COX, CASTLE & NICHOLSON LLP (Continued)
554936 11-002217 LEGAL SERVICE 14,711 .95
556146 11-002217 LEGAL SERVICE 2 ,725 .25
557516 11 -002217 LEGAL SERVICE 10,345.40
557813 11-002217 LEGAL SERVICE 1,626.56
Total : 88,996.01
207102 3/2112023 011553 CPRS 040323 STAFF REGISTRATION FEE 2,300 .00
Total: 2,300.00
207103 3/21/2023 013751 CUELLAR, LUIS GERARDO 013751-033123 ELECTRONIC/MEDIA-AUTO EXPENSE 50000
Total: 500.00
207104 3/21/2023 000138 DAILY JOURNAL CORPORATION B3616432 03-000446 PROF & CONTRACTUAL SERVICE 6 ,000.00
Total: 6,000.00
207105 3/21/2023 002430 DELGADILLO , YOLANDA 2022 DEDUCTIBLE REIMBURSEMENT 45 .00
Total: 45.00
207106 3/21/2023 013520 DESIGN INC ., CALIFORNIA LANDSCAPE & 38533 06-009484 PROF & CONTRACTUAL SERVICE 274,636 .17
Total: 274,636.17
207107 3/21/2023 013450 DIAMOND A EQUIPMENT, LLC W00134 AUTO EXPENSE 966 .23
Total : 966.23
207108 3/21/2023 013526 DOWNEY PARTY RENTALS 1-002223 RENTAL SUPPLIES 832 .15
Total : 832.15
207109 3/21/2023 010489 ENVIROTEK CORPORATION C-3320 06-009697 PROF & CONTRACTUAL SERVICE 2,485 .18
Total: 2,485.18
207110 3/21/2023 002234 FLORES, MARK 002234-022323 REIMBURSEMENT 518.42
Total : 518.42
207111 3/21/2023 001175 FS CONTRACTORS, INC. 3 06-009773 PROF & CONTRACTUAL SERVICE 9 ,279 .12
Total : 9,279.12
207112 3/21/2023 004425 FUN EXPRESS . LLC 723310093-01 08-005035 COMMUNITY ACTIVITY EXPENSE 393.42
Page : 13
City Council Regular Meeting - Page 67 of 241
vchlist Check List Page: 14
03/16/2023 1:12:37PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207112 3/21/2023 004425 004425 FUN EXPRESS . LLC (Continued) Total: 393.42
207113 3/21/2023 003983 GALLS QUARTERMASTER BC1822705 11-002139 UNIFORM PURCHASE 1,359 .99
Total : 1,359.99
207114 3/21/2023 013781 GONZALEZ, ULISES 002121-0099 REFUNDABLE DEPOSIT 2,280.00
Total : 2,280.00
207115 3/21/2023 013702 GOOD GUARD SECURITY INC 10272 08-005080 PROF & CONTRACTUAL SERVICE 151.10
10273 08-005080 PROF & CONTRACTUAL SERVICE 525 .67
10393 08-005080 PROF & CONTRACTUAL SERVICE 196.43
10676 08-005070 PROF & CONTRACTUAL SERVICE 13,896 .36
10843 06-009842 PROF & CONTRACTUAL SERVICE 4,786 .73
10844 06-009848 PROF & CONTRACTUAL SERVICE 7 ,364 .20
Total : 26,920.49
207116 3/21/2023 000993 GRM INFORMATION MANAGEMENT 0473253-0473267 01-001749 PROF & CONTRACTUAL SERVICE 862 .64
Total : 862.64
207117 3/21/2023 005769 HARRINGTON INDUSTRIAL PLASTIC 001BA528 06-009579 REPAIRS/MAINTENANCE 1,113 .52
Total: 1,113.52
207118 3/21/2023 013321 HERNANDEZ, ERNIE 013321-113022 ELECTRONIC/MEDIA-PROF DEVELOPMENT 800 .00
Total: 800.00
207119 3/21/2023 003338 HILLYARD-LOS ANGELES 605039699 06-009651 OPERATING SUPPLIES 877.60
Total : 877.60
207120 3/21/2023 013758 HUNT DESIGN 10240 06-009851 PROF & CONTRACTUAL SERVICE 5,250 .00
Total : 5,250.00
207121 3/21/2023 000635 IDR ENVIRONMENTAL SERVICES 80194 06-009638 PROF & CONTRACTUAL SERVICE 3,025.45
Total : 3,025.45
207122 3/21/2023 005848 INFRASTRUCTURE ENGINEERS 28122 A 06-009769 PROF & CONTRACTUAL SERVICE 10,660.00
28123 06-009542 PROF & CONTRACTUAL SERVICE 1,640 .00
Total : 12,300.00
Page : 14
City Council Regular Meeting - Page 68 of 241
vchlist Check List Page: 15
03/16/2023 1:12:37PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207123 3/21/2023 000844 J & G GRAPHICS 05621 03-000447 PRINTING SERVICES 275 .63
Total : 275.63
207124 3/21/2023 009103 JHM SUPPLY, INC . 84966/3 06-009566 PROF & CONTRACTUAL SERVICE 175 .70
Total: 175.70
207125 3/21/2023 001269 JOHN L. HUNTER & ASSOCIATES LYN1 ICF12301 06-009700 PROF & CONTRACTUAL SERVICE 175 .00
LYN1MS412301 06-009701 PROF & CONTRACTUAL SERVICE 240.00
Total : 415.00
207126 3/21/2023 013434 KILEY &ASSOCIATES,LLC 18 01-001745 PROF & CONTRACTUAL SERVICE 5,000 .00
Total : 5,000.00
207127 3/21/2023 000001 KING FENCE , INC 47146 08-004997 FENCE RENTAL 42.50
Total: 42.50
207128 3/21/2023 003331 L.A . COUNTY SHERIFF DEPT. 231963DL 08-005089 LAW ENFORCEMENT SERVICE 52 ,880 .95
232020EC 01-001727 LAW ENFORCEMENT SERVICE 967 ,346 .52
Total : 1,020,227.47
207129 3/21/2023 010124 LABORATORIES, INC ., AMERICAN 214237 06-009449 PROF & CONTRACTUAL SERVICE 2,244 .00
Total: 2,244.00
207130 3/21/2023 000866 LEAD TECH ENVIRONMENTAL 15236 11-002143 PROF & CONTRACTUAL SERVICE 510 .00
15245 11-002143 PROF & CONTRACTUAL SERVICE 670.00
Total : 1,180.00
207131 3/21/2023 001612 LEAGUE OF CALIFORNIA CITIES INV-02298 ROAD ASSESSMENT FEE 500 .00
Total : 500.00
207132 3/21/2023 013788 LEE, CARA 18239846 FACILITY RENTAL-DEPOSIT 120.00
Total : 120.00
207133 3/21/2023 013488 LIN, GRACE C 5074-A COMMUNITY ACTIVITY EXPENSE 350.00
Total : 350.00
207134 3/21/2023 013785 LO, NATALIA 2022 DEDUCTIBLE REIMBURSEMENT 140.00
Page : 15
City Council Regular Meeting - Page 69 of 241
vchlist Check List Page: 16
03/16/2023 1:12:37PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207134 3/21/2023 013785 013785 LO, NATALIA (Continued) Total : 140.00
207135 3/21/2023 008480 LOPEZ AUTO SERVICE & TIRES INC 32380 06-009583 AUTO EXPENSE 3,666.70
32382 06-009583 AUTO EXPENSE 3,666.70
32391 06-009583 AUTO EXPENSE 3,666.70
Total: 11,000.10
207136 3/21/2023 007606 LOPEZ, JUAN 1000-022623 08-005001 PROF & CONTRACTUAL SERVICE 625.00
Total : 625.00
207137 3/21/2023 013521 LOS ANGELES ENGINEERING, INC 9-WEST 06-009482 PROF & CONTRACTUAL SERVICE 27,889.12
Total: 27,889.12
207138 3/21/2023 002861 MAGIC JUMP RENTALS,INC. 358099 08-005084 COMMUNITY ACTIVITY EXPENSE 3,957.30
Total : 3,957.30
207139 3/21/2023 002761 MARCO POWER EQUIPMENT 31215031 06-009672 REPAIRS/MAINT-BLDG & EQUIPMENT 1,681.28
31215032 06-009672 REPAIRS/MAINT-BLDG & EQUIPMENT 235.33
31215034 06-009672 REPAIRS/MAINT-BLDG & EQUIPMENT 591.05
Total: 2,507.66
207140 3/21/2023 002683 MAY TOOL INC . 198868 06-009674 REPAIRS/MAINT-BLDG & EQUIPMENT 761.25
198935 06-009674 REPAIRS/MAINT-BLDG & EQUIPMENT 165.16
Total: 926.41
207141 3/21/2023 013782 MEDINA, JORGE 001803-0206 REFUNDABLE DEPOSIT 3,120.00
Total : 3,120.00
207142 3/21/2023 013145 MERCHANT, OLIVER 013145-040623 PER DIEM 260.00
Total : 260.00
207143 3/21/2023 013681 MEZA'S HVAC 225 06-009779 OPERATING SUPPLIES 120 .00
Total: 120.00
207144 3/21/2023 013504 MINER,LTD 5310571539 06-009676 REPAIRS/MAINT-BLDG & EQUIPMENT 362.00
Total: 362.00
207145 3/21/2023 008782 MSJ ACCESS INC 91070094 06-009677 REPAIRS/MAINT-BLDG & EQUIPMENT 590.55
Page: 16
City Council Regular Meeting - Page 70 of 241
vchlist Check List Page: 17
03/16/2023 1:12 :37PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207145 3/21/2023 008782 008782 MSJ ACCESS INC (Continued) Total: 590.55
207146 3/21/2023 012270 MUNIENVIRONMENTAL, LLC 22-025 06-009678 PROF & CONTRACTUAL SERVICE 4,345 .00
22 -039 06-009788 PROF & CONTRACTUAL SERVICE 11 ,902 .50
23-002 06-009788 PROF & CONTRACTUAL SERVICE 12,806 .25
23 -006 06-009788 PROF & CONTRACTUAL SERVICE 8 ,778 .75
Total: 37 ,832.50
207147 3/21/2023 009647 MV CHENG & ASSOCIATES, INC . 2/28/2023 02 -002656 PROF & CONTRACTUAL SERVICES 2,450.00
Total : 2,450.00
207148 3/21/2023 004111 NATIONAL CONSTRUCTION RENTALS 6886428 06-009395 RENTAL BLDG & EQUIPMENT 267 .12
6896445 06-009395 RENTAL BLDG & EQUIPMENT 177 .84
Total: 444.96
207149 3/21/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS . 32996 06-009605 PROF & CONTRACTUAL SERVICE 47 ,793 .09
32996-A 11-002160 PROF & CONTRACTUAL SERVICE 5,310 .34
Total : 53,103.43
207150 3/21/2023 013778 NET WORLD SPORTS LTD Q00040046 EQUIPMENT PURCHASE 611 .90
Total: 611.90
207151 3/21/2023 013493 NETTIE'S PARTY PALS,INC 040823 COMMUNITY ACTIVITY EXPENSE 1,275.00
Total : 1,275.00
207152 3/21/2023 011922 NORTH STAR LAND CARE 1601-500 06-009620 PROF & CONTRACTUAL SERVICE 25 ,240 .00
1601-501 06-009620 PROF & CONTRACTUAL SERVICE 45 ,349 .00
1601 -510 06-009620 PROF & CONTRACTUAL SERVICE 2,160 .00
1601-515 06 -009620 PROF & CONTRACTUAL SERVICE 32 ,877 .00
Total : 105,626.00
207153 3/21/2023 000078 ODP BUSINESS SOLUTIONS,LLC 263430394001 06-009661 OFFICE SUPPLIES 39 .68
274337851001 03-000438 OFFICE SUPPLIES 361 .74
279567803001 01-001737 OFFICE SUPPLIES 150 .38
282202786001 06-009661 OFFICE SUPPLIES 915.03
292746254001 02-002643 OFFICE SUPPLIES 22 .32
292746254001-A 02-002659 OFFICE SUPPLIES 169.47
293047711001 02-002659 OFFICE SUPPLIES 162 .92
Page : 17
City Council Regular Meeting - Page 71 of 241
vchlist Check List Page: 18
03/16/2023 1:12:37PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207153 3/21/2023 000078 ODP BUSINESS SOLUTIONS,LLC (Continued)
293510606001 06-009661 OFFICE SUPPLIES 282.23
293530272001 06-009661 OFFICE SUPPLIES 67.90
295808270001 02-002643 OFFICE SUPPLIES 66.14
295808588001 02-002609 OFFICE SUPPLIES 2.51
Total: 2,240.32
207154 3/21/2023 006730 P2S ENGINEERING, INC . SIN030569 06-009527 PROF & CONTRACTUAL SERVICE 672.50
Total : 672.50
207155 3/21/2023 010782 PACHECO GALINDO, JOSE A. 010782-042523 PER DIEM 520 .00
Total : 520.00
207156 3/21/2023 012548 PARKING COMPANY OF AMERICA INVM0017465 06-009642 PROF & CONTRACTUAL SERVICE 100,291.21
Total : 100,291.21
207157 3/21/2023 010558 PARRA, VIVIANA 010558-040623 PER DIEM 260.00
Total: 260.00
207158 3/21/2023 008307 PHOENIX GROUP INFORMATION SYS 0120231204 11-002154 PROF & CONTRACTUAL SERVICE 236 .19
012023204 11-002154 PROF & CONTRACTUAL SERVICE 13,512.31
012023902 11-002154 PROF & CONTRACTUAL SERVICE 1,295.36
Total : 15,043.86
207159 3/21/2023 000561 PILGRIM FENCE CO. 39057 06-009643 RENTAL BLDG & EQUIPMENT 1,936.00
Total : 1,936.00
207160 3/21/2023 008664 PINS ADVANTAGE 2403 05-001948 CERTIFICATE OF INSURANCE 137.50
Total : 137.50
207161 3/21/2023 005588 PLUMBERS DEPOT, INC PD-52967 06-009726 REPAIRS/MAINT-BLDG & EQUIPMENT 903.36
PD-53089 06-009726 REPAIRS/MAINT-BLDG & EQUIPMENT 203.40
Total: 1,106.76
207162 3/21/2023 007243 PUBLIC WORKS, LOS ANGELES COUNTY 23021304216 06-009625 TRAFFIC SIGNAL MAINTENANCE 594.09
23021304217 06-009625 TRAFFIC SIGNAL MAINTENANCE 1,038.79
Total: 1,632.88
Page: 18
City Council Regular Meeting - Page 72 of 241
vchlist Check List Page: 19
03/16/2023 1:12:37PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207163 3/21/2023 007243 PUBLIC WORKS, LOS ANGELES COUNTY IN230000526 06-009625 TRAFFIC SIGNAL MAINTENANCE 379.43
Total: 379.43
207164 3/21/2023 012135 RAMBOLL US CONSUL TING INC 1690103736 11-002219 PROF & CONTRACTUAL SERVICE 225,855 .26
1690105173 11-002219 PROF & CONTRACTUAL SERVICE 99,841 .20
Total : 325,696.46
207165 3/21/2023 009571 RAMON'S LINEN 02571 08-005005 COMMUNITY ACTIVITY EXPNESE 120 .00
02572 08-005005 COMMUNITY ACTIVITY EXPNESE 380 .00
Total : 500.00
207166 3/21/2023 013787 REYES , GERMAN 013787-042723 PER DIEM 260 .00
Total : 260.00
207167 3/21/2023 005067 ROADLINE 18282 06-009789 OPERATING SUPPLIES 694 .30
Total: 694.30
207168 3/21/2023 008805 RPW SERVICES, INC . 33485 06-009681 PEST CONTROL /GOPHER 250.00
Total : 250.00
207169 3/21/2023 000519 S&S WORLDWIDE IN101099751 08-005090 AFTERSCHOOL PROGRAM SUPPLIES 332 .75
Total: 332.75
207170 3/21/2023 007205 SANCHEZ AWARDS 2167 08-005081 AWARDS FOR PROGRAMMING 189 .63
Total : 189.63
207171 3/21/2023 013640 SENIORS & JUNIORS INC 2023-1008 06-009820 PROF & CONTRACTUAL SERVICE 8,502.50
Total : 8,502.50
207172 3/21/2023 008956 SPCALA 2023-02 11-002155 PROF & CONTRACTUAL SERVICE 21,000 .00
Total: 21,000.00
207173 3/21/2023 007558 SUBSTANCES CONTROL, DEPARTMENT 22SM2561 11-002220 PROF & CONTRACTUAL SERVICE 9,522 .17
Total: 9,522.17
207174 3/21/2023 002938 TAJ OFFICE SUPPLY 02685 06-009588 OFFICE SUPPLIES 43 .00
Total : 43.00
Page: 19
City Council Regular Meeting - Page 73 of 241
vchlist Check List Page: 20
03/16/2023 1:12:37PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207175 3/21/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 732848254 08-005025 SUPPLIES AND EQUIPMENT 778.48
733372478 06-009630 SUPPLIES AND EQUIPMENT 1,071 .63
733372486 06-009630 SUPPLIES AND EQUIPMENT 1,905 .12
Total : 3,755.23
207176 3/21/2023 013610 THE PATIO PLACE INC 25767 08-005091 FURNITURE PURCHASE 8,565 .94
Total : 8,565.94
207177 3/21/2023 011353 THORNTON , JOHN 011353-040623 PER DIEM 260.00
Total : 260.00
207178 3/21/2023 000067 THYSSENKRUPP ELEVATOR CORP 6000632309 06-009828 PROF & CONTRACTUAL SERVICE 3,200 .00
Total : 3,200.00
207179 3/21/2023 004179 TIERRA WEST ADVISORS , LLC L Y-ECRG-0922A 11-002207 PROF & CONTRACTUAL SERVICE 7,005 .75
LY-ECRG-1022A 11-002207 PROF & CONTRACTUAL SERVICE 350.00
Total: 7,355.75
207180 3/21/2023 013342 TRAFFIC LOOPS CRACKFILLING ,INC 7325 06-009655 REPAIRS/MAINT-BLDG & EQUIPMENT 2 ,800 .00
7325-A 06-009856 REPAIRS/MAINT-BLDG & EQUIPMENT 3,150 .00
Total: 5,950.00
207181 3/21/2023 012294 TRANSTECH ENGINEERS, INC . 20221560 06-009659 PROF & CONTRACTUAL SERVICE 4,886 .90
20222719 06-009659 PROF & CONTRACTUAL SERVICE 36 .25
20222731 06-009659 PROF & CONTRACTUAL SERVICE 2,246 .25
20231128 06-009479 PROF & CONTRACTUAL SERVICE 350.00
20231128-A 06-009763 PROF & CONTRACTUAL SERVICE 757 .50
20231137 06-009659 PROF & CONTRACTUAL SERVICE 925 .00
Total: 9,201.90
207182 3/21/2023 012489 TRIPEPI, SMITH AND ASSOCIATES 8991 01 -001762 PROF & CONTRACTUAL SERVICE 7 ,000 .00
8992 01-001762 PROF & CONTRACTUAL SERVICE 7 ,500 .00
Total : 14,500.00
207183 3/21/2023 013213 TRIPLESEAT SOFTWARE, LLC Cl _26393 ANNUAL SOFTWARE FEE 1,800 .00
Total : 1,800.00
207184 3/21/2023 003001 TYLER TECHNOLOGIES , INC. 045-410577 12-000438 EXECUTIME BIOMETRIC READERS 9 ,776 .33
Page: 20
City Council Regular Meeting - Page 74 of 241
vchlist Check List Page: 21
03/16/2023 1:12:37PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount
207184 3/21/2023 003001 003001 TYLER TECHNOLOGIES , INC . (Continued) Total : 9,776.33
207185 3/21/2023 007742 ULINE , INC . 160192260 08-005072 JANITORIAL SUPPLIES 550 .73
160622674 06-009592 JANITORIAL SUPPLIES 550 .69
Total : 1,101.42
207186 3/21/2023 000166 UNDERGROUND SERVICE ALERT/SC 220230414 06-009593 UNDERGROUND SERVICE ALERT 333 .75
22-2303042 06-009593 UNDERGROUND SERVICE ALERT 110 .90
Total : 444.65
207187 3/21/2023 009742 UNIFIRST CORPORATION 3242860790 06-009621 UNIFORM SERVICE AND SUPPLIES 70 .80
3242860791 06-009621 UNIFORM SERVICE AND SUPPLIES 64 .15
3242860792 06-009621 UNIFORM SERVICE AND SUPPLIES 112 .23
3242860793 06-009621 UNIFORM SERVICE AND SUPPLIES 138 .63
3242860794 06-009621 UNIFORM SERVICE AND SUPPLIES 94 .87
3242864173 06-009621 UNIFORM SERVICE AND SUPPLIES 70 .80
3242864174 06-009621 UNIFORM SERVICE AND SUPPLIES 64 .15
3242864175 06-009621 UNIFORM SERVICE AND SUPPLIES 112 .23
3242864176 06-009621 UNIFORM SERVICE AND SUPPLIES 138 .63
3242864177 06-009621 UNIFORM SERVICE AND SUPPLIES 94 .87
Total : 961.36
207188 3/21/2023 000461 UNITED RENTALS, INC. 213895523-001 08-005014 RENTAL BLDGS & EQUIPMENT 648.65
214044768-001 08-005014 RENTAL BLDGS & EQUIPMENT 1,120 .20
Total : 1,768.85
207189 3/21/2023 002912 WATERLINE TECHNOLOGIES,INC 5621161 06-009610 OPERATING SUPPLIES 768 .39
5621162 06-009610 OPERATING SUPPLIES 289 .96
5621930 06-009610 OPERATING SUPPLIES 299 .03
5621930-A 06-009853 OPERATING SUPPLIES 528 .67
Total : 1,886.05
207190 3/21/2023 009100 WATERWORKS TECHNOLOGY,INC. 6948 06-009829 PROF & CONTRACTUAL SERVICE 34,700 .00
Total : 34,700.00
207191 3/21/2023 000057 WILLDAN ENGINEERING 00418174 06-009418 PROF & CONTRACTUAL SERVICE 31,844 .00
Total: 31,844.00
Page: 21
City Council Regular Meeting - Page 75 of 241
vchlist
03/16/2023
Bank code:
Voucher
207192
1:12:37PM
apbank
Date Vendor
3/21/2023 007609 WILLDAN FINANCIAL SERVICES
118 Vouchers for bank code: apbank
Check List
City of Lynwood
Invoice ---------
010-53882
PO# Description/Account
02-002653 PROFESSIONAL SERVICES
Total:
Bank total:
Page: 22
Amount
2 ,122 .00
2,122.00
2,612,566.30
Page : 22
City Council Regular Meeting - Page 76 of 241
RESOLUTION NO. 2022.XXX
Warrant Registers Dated 03-21-2023
PASSED, APPROVED and ADOPTED this 21st day of March_, 2023.
Oscar Flores, Mayor
ATTEST:
__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration
City Council Regular Meeting - Page 77 of 241
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a meeting held on the 21st day of March, 2023.
AYES: COUNCIL MEMBERS MUNOZ, SOLACHE, CAMACHO MAYOR PRO TEM
SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
________________________
Maria Quiňonez,
City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk
of the City Council of said City, do hereby certify that the above foregoing is a full, true and
correct copy of Resolution No. 2022.XXX on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this _21st day of March_, 2023.
___________________________
Maria Quiňonez,
City Clerk
City Council Regular Meeting - Page 78 of 241
A genda Item # 11.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Maria Quinonez, C ity C lerk
S ilvia P ineda, A ssistant to the C ity C lerk
Nancy B linzler, Office A ssistant
S U B J E C T: P RE V IOUS M E E TING M IN U TE S
Recommendation:
S taff recommends that the Lynwood C ity C ouncil approve the followi ng minutes:
October 4, 2022 Regular C ity C ouncil Meeting
November 1, 2022 Regular C losed S ession Meeting
November 1, 2022 Regular C ity C ouncil Meeting
D ecember 6, 2022 Regular C ity C ouncil Meeting
D ecember 20, 2022 Regular C ity C ouncil Meeting
March 7, 2023 Regular C ity C ouncil C losed S ession Meeti ng
March 7, 2023 Regular C ity C ouncil Meeting
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
City Council Regular Meeting - Page 79 of 241
N/A
AT TAC H ME N T S:
Description
City C ouncil R egular Meeting 10/04/22
City C ouncil R egular Closed Session Meeting November 1, 2022
City C ouncil R egular Meeting N ovember 1, 2022
City C ouncil R egular Meeting 12/06/22
City C ouncil R egular Meeting 12/20/22
City C ouncil R egular Closed Session 03/07/23
City C ouncil R egular Meeting 03/07/23
City Council Regular Meeting - Page 80 of 241
1
Lynwood City Council Regular Meeting
Meeting Minutes
October 4, 2022
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers,
11350 Bullis Road 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 on the above date at 6:00 p.m.
Meeting called to order at 6:01 p.m.
Mayor Casanova presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance
with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
ABSENT: NONE
STAFF City Manager Hernandez, City Attorney Tapia, City Treasurer
PRESENT: Camacho, City Clerk Quiňonez
ABSENT: NONE
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Flores.
05. INVOCATION
The invocation was offered by City Clerk Quiňonez.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
• City Videos.
• Proclamations.
07. COUNCIL RECESS TO:
• City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member
Santana to recess to the City of Lynwood as the Successor Agency to the Lynwood
Redevelopment Agency.
City Council Regular Meeting - Page 81 of 241
2
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council reconvened to the regular City Council meeting at 6:31 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
The following individuals spoke regarding non-agenda items:
Mr. Juan Munoz
Mr. Jorge Diaz
Mr. Ramirez
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 be removed from the Consent Calendar for separate action.
City Attorney Tapia requested that item number eleven (11) be pulled for separate
consideration.
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member
Santana to approve the balance of the consent calendar. The motion passed with a 5/0
vote:
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 82 of 241
3
08. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2022.270
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND
APPROVING THE DEMANDS AND WARRANTS REGISTER DATED OCTOBER 4,
2022
09. AGREEMENT FOR PROFESSIONAL AUDITING SERVICES
Approved and Adopted RESOLUTION NO. 2022.271 AND AN AGREEMENT
WITH THE PUN GROUP, LLP TO PROVIDE
PROFESSIONAL AUDITING SERVICES
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE PUN
GROUP, LLP TO PROVIDE PROFESSIONAL AUDITING SERVICES
10. PROFESSIONAL SERVICES AGREEMENT WITH RAMBOLL, INC. TRIANGLE SITE
– DTSC-ECRG GRANTS
Approved and Adopted RESOLUTION NO. 2022.272 AND A PROFESSIONAL
SERVICES AGREEMENT WITH RAMBOLL FOR
ENVIRONMENTAL STUDIES AND SERVICES
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH RAMBOLL
FOR ENVIRONMENTAL STUDIES AND SERVICES REQUIRED TO PROCEED
WITH PROPOSED AFFORDABLE HOUSING PROJECT(S) AND COMMERCIAL
DEVELOPMENT AT A LOCATION COMMONLY KNOWN AS THE ALAMEDA
TRIANGLE FUNDED BY THE DTSC-ECRG GRANTS
11. APPROVAL OF FINAL TRACT MAP NO. 83509.
MOTION: It was moved by Council Member Santana, seconded by Mayor Pro Tem
Solache to approve final tract map No. 83509 and Resolution. The motion passed with
a 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2022.273
City Council Regular Meeting - Page 83 of 241
4
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING TRACT MAP NO. 83509
12. AWARD OF CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC.
FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF ATLANTIC AVE AND CARLIN AVE. FY 2022 -2023 PROJECT
NO. 4011.68.075 FEDERAL ID: HSIP-5250 (029)
Approved and Adopted RESOLUTION NO. 2022.274 AND A CONTRACT TO
PTM GENERAL ENGINEERING SERVICES, INC.
PROJECT NO. 4011.68.075
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO PTM GENERAL ENGINEERING SERVCIES, INC.
AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $474,047.00
FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF ATLANTIC AVE AND CARLIN AVE. FY 2022-2023 PROJECT
NO. 4011.68.075 FEDERAL ID: HSIP-5250 (029); AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT IN FORM APPROVED BY THE CITY ATTORNEY;
AND APPROVING AND APPROPRIATION OF $145,413 FROM MEASURE M
(FUND 2350) TO THE PROJECT
13. AWARD OF CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC.
FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF IMPERIAL HIGHWAY AND ATLANTIC AVE. FY 2022-2023
PROJECT NO. 4011.68.073 FEDERAL ID: HSIP -5250 (031)
Approved and Adopted RESOLUTION NO. 2022.275 AND CONTRACT TO PTM
GENERAL ENGINEERING SERVICES, INC. PROJECT
NO. 4011.68.073
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AWARDING A CONTRACT TO PTM GENERAL ENGINEERING SERVICES, INC.
AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $429,029.00
FOR HSIP CYCLE 9 - TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF IMPERIAL HWY AND ATLANTIC AVE. FY 2022 -2023
PROJECT NO. 4011.68.073 FEDERAL ID: HSIP-5250 (031); AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT AND APPROVING AN
APPROPRIATIOAN OF $168,735 FROM MEASURE M (FUND 2350) TO THE
PROJECT
New/Old Business
14. CONDUCT SECOND READING, READ BY TITLE ONLY, AND ADOPT THE
ORDINANCES AMENDING THE CITY’S PURCHASING AND PROFESSIONAL
SERVICES PROCUREMENT PROCEDURES
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council
Member Santana to approve item. Motion carried by following 5/0 vote:
City Council Regular Meeting - Page 84 of 241
5
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted ORDINANCE NO. 1753 AND ORDINANCE NO. 1754
ENTITLED: ORDINANCE NO. 1753 OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AMENDING CHAPTER 6, SUBSECTION 6 -3 OF THE LYNWOOD
MUNICIPAL CODE; AND ORDINANCE NO. 1754 OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD AMENDING CHAPTER 6, SUBSECTION 6-6 OF THE
LYNWOOD MUNICIPAL CODE
15. REVEAL OF CITY'S REDESIGNED WEBSITE ON NEW DOMAIN USING
WWW.LYNWOODCA.GOV
Received and Filed REVEAL OF CITY'S REDESIGNED WEBSITE ON NEW
DOMAIN USING WWW.LYNWOODCA.GOV
16. CONSIDERATION OF THE KEEP LYNWOOD CLEAN PROGRAM
Received and Filed CONSIDERATION OF THE KEEP LYNWOOD CLEAN
PROGRAM
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Flores indicated that he observed an incident in another city involving
some young adults that graffiti city property in which he called the police department.
He stated that the police showed up and revealed they could not do anything because
there was no permanent damage done to the building. He requested staff to investigate
with our City’s law enforcement officers to confirm if this may be true or not for the City
of Lynwood and provide follow up on this concern.
Council Member Flores also requested staff to look at the condition of a street located
on Beachwood between Alberta and Harris as he has noticed that almost daily it is
consistent to have large chunks of asphalt broken up on the road. He acknowledged
that public works has been doing a good job as far as sealing it temporarily, but it
continues to break-up in very large chunks and is dangerous.
In conclusion, his final comment was regarding the alleged dirty campaigning and he
highly recommended proof before making criminal accusations. He said it would make
everyone's life easier if such remarks could actually be proven instead making a blind
accusation.
City Council Regular Meeting - Page 85 of 241
6
Council Member Santana made a comment regarding agenda item number ten (10)
“TRIANGLE SITE – DTSC-ECRG GRANTS” as positive government. She expressed
excitement in that the City received a grant from the Department of Toxic Substances
Control to help with clean up the Alameda Triangle and to be able to get a hold on the
contamination that has been overpowering the property for such a long time. She
extended appreciation to staff for their work to achieve this goal.
Council Member Santana requested that staff to look at all of our street signs
throughout the city as there are many faded street signs that need replaced including
several from MLK and Alameda to Sanborn to Wright Road.
She offered thanks to staff for the youth skate event that was held at the skate park a
few weeks ago. She noted that it was a nice event collaborated with a podcast team
and a group of kids and young adults from the City who call themselves “Little Brown
Boys”. She indicated it was a really it was nice to see kids of all ages of all races just
encouraging each other and being in a positive environment.
Council Member Santana’s last comment was to make sure that the new speed hump
policy and applications are part of the new City website. She acknowledged earlier
events were a great success and mentioned the Halloween event coming up as one of
the other larger events that we have here in the City.
Mayor Casanova made a follow-up comment to Council Member Santana’s agenda
item ten (10) comments to request an update on the development going on in the
Alameda Triangle to the Council at the next meeting. He indicated that it would be
greatly appreciated that the bathrooms to remain open in the parks as we do have an
active baseball program, so we need to make sure that those bathrooms are open for
the kids and families that attend these games
Mayor Casanova stated he was aware that our skate park has become a gang
recruitment space. He acknowledged his love and appreciation of the skate park, but
said that it just seems to be a hub for this type of activity and if this issue keeps growing,
we will need to collaborate with the Sheriff's Department gang unit at some point. He
acknowledged it is our space; we are responsible for it and must address this issue.
He concluded on a positive note that there was a great turnout for the youth skate event
with all these kids coming to participating and just be excited. He observed the podcast
folks out there along with Lynwood business owners and community members
participating with giving away gifts to the kids doing tricks for the best trick. He stated
that it is so powerful to see our community members not only talk the talk, but also
actually walked the walk and step up for our kids to made a difference. He mentioned
that one of the barbershops, it was Presidential Barbershop out there promoting and
encouraging these kids.
Council Member Santana made a final comment to thank the School Board Vice
President Gudiel R. Crosthwaite for his attendance tonight and noted that she observed
some students outside of Lynwood High School bending the stop sign poles. She stated
City Council Regular Meeting - Page 86 of 241
7
she rolled down his car window and told them to leave the pole alone and of course,
they got scared, she indicated that she sending pictures to the school district.
STAFF ORAL COMMENTS
Director Flores highlighted a couple of key community programs for the next week that
will be of special interest to our residents. He noted that next Friday , October 14 is the
deadline for Miss and Mr. Lynwood applications. He indicated that there is not a public
information session for Wednesday, October 12 at six p.m. at the Lynwood Community
Center. He also said that on Friday, October 14, Congresswoman Nanette Barragan
would be hosting her annual job fair. He voiced that he was glad she decided to return
to Lynwood to present these multiple job opportunities for her congressional district and
the residents of Lynwood. He stated that event is 10 a.m. to 1 p.m. at Bateman Hall.
In conclusion, Director Flores stated that on Saturday, October 15 the Adopt-a-Senior
and Community Cleanup Program will be headquartered at the Mark Twain Elementary
School neighborhood location and invited the public to come out and volunteer on that
morning 8 AM to 11 AM. He noted that information on any of these or other exciting
upcoming City programs may be available at the Lynwood Community Center or reach
out to us for more details on social media at Lynwood Parks.
Public Works Director Lee announced that Lorry Hempe is retiring after 32 years of
service to the City and noted that the department will host a retirement celebration on
October 12, 2022 at 12 pm. He extended an invitation to everyone to join in
congratulating Lorry.
City Attorney Tapia responded to Council Member Flores concern regarding graffiti and
quoted Code Section 594 that explicitly includes graffiti. He noted that there are layers
of what type of criminal activity to be considered whether misdemeanor or felony
founded on the amount of property damage and based on their record, having ever
been convicted of vandalism in the past. He confirmed that the City of Lynwood has a
graffiti ordinance that outlines what the City can do. He indicated that one of the
chapters in our graffiti ordinance references penal code 594 and it states that the City
could go after and recover any cost that incurs in criminal proceedings against the
responsible party.
Community Development Director Linares presented a slide presentation regarding
agenda item number ten (10) Alameda Triangle site on Imperial and Fernwood. He
noted that the environmental studies and services required to proceed with proposed
affordable housing project(s) and commercial development have moved forward one-
step closer by approving a P. S. A. to continue some work to develop the remedial
action work plan. He indicated that the remedial response plan for the site which is a
little bit over five acres can be actually cleaned up to have the studies developed so
that we can move forward and apply for additional grant to totally clean the site and
have it ready and prepared for development.
City Council Regular Meeting - Page 87 of 241
8
City Manager Hernandez expressed his appreciation for the city council's leadership
and commitment to his management team. He recognized the excitement generated
by folks that are committed to make change and create innovation, as it is not easy to
make changes and take lumps of grief from 51% of one side of the issue. He thanked
the council for their leadership.
ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by
Council Member Santana to adjourn the regular Lynwood City Council meeting at 8:11
p.m.
__________________________ ____________________________
Maria Quiňonez, City Clerk Jorge Casanova, Mayor
/nb
City Council Regular Meeting - Page 88 of 241
1
Lynwood City Council Regular Meeting Closed Session
Meeting Minutes
November 1, 2022
01. CALL TO ORDER
The City Council Regular Meeting Closed Session of the City of Lynwood met in the
Council Chambers, 11350 Bullis Road 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 on the above date at 5:00 p.m.
Meeting called to order at 5:00 p.m.
Mayor Casanova presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez announced the Agenda had been duly posted in accordance
with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
ABSENT: NONE
STAFF PRESENT:
City Manager Hernandez, City Attorney Tapia, City Clerk Quiňonez, Community
Development Director Linares, Human Resources Director Matson, Public Works
Director Lee, Recreation Director Flores and Technology Director Han.
ABSENT: City Treasurer Camacho
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE
CLOSED SESSION
Mayor Casanova requested City Attorney Tapia to read City Council into closed
session.
The City Attorney Tapia read the City Council into closed session.
City Council Regular Meeting - Page 89 of 241
2
04. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
A. With respect to every item of business to be discussed in closed session
pursuant to Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Lynwood Family Apartments Assessor Parcel Numbers: 6186 -001-900,
6186-001-904, 6186-001-902, 6186-001-901, 6186-001-905, 6186-001-907, 6186-
001-908, 6186-001-906, 6186-001-903, 6186-001-909
City negotiators are City Manager, Ernie Hernandez and City Attorney Noel Tapia
Under negotiation: price and terms
MOTION: It was moved by Council Member Santana, seconded by Mayor Pro Tem
Solache to recess to closed session. Motion carried by 4-1 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council recessed into closed session at 5:02 p.m.
The City Council reconvened into regular session at 6:00 p.m.
Mayor Casanova requested City Attorney Tapia to read City Council back into
regular session.
The City Attorney Tapia reported on the following item out of closed session:
With all five (5) members of the City Council being present as Council Member Rita
Soto joined us in closed session. The City Council met in closed session to discuss
item 4A: City staff made a presentation, City Council provided feedback and no final
reportable action was taken.
Mayor Casanova requested a motion to adjourn closed session.
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member
Flores to adjourn closed session. Motion carried by 5-0 vote.
City Council Regular Meeting - Page 90 of 241
3
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded
by Council Member Santana to adjourn the Closed Session meeting. Motion carried
by unanimous consent and the meeting was adjourned at 6:00 p.m.
______________________ _______________________
Maria Quiňonez, City Clerk Jorge Casanova, Mayor
/nb
City Council Regular Meeting - Page 91 of 241
1
Lynwood City Council Regular Meeting
Meeting Minutes
November 1, 2022
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council
Chambers, 11350 Bullis Road Lynwood, CA 90262 or Web conference via ZOOM
- To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-2158782
Meeting ID: 835 2029 8238 on the above date at 6:00 p.m.
Meeting called to order at 6:00 p.m.
Mayor Casanova presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez announced the Agenda had been duly posted in accordance with
the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR
PRO TEM SOLACHE AND MAYOR CASANOVA
ABSENT: COUNCIL MEMBER SANTANA ARRIVED AT 6:11 p.m.
STAFF City Manager Hernandez, City Attorney Tapia, City Treasurer
PRESENT: Camacho, City Clerk Quiňonez
ABSENT: NONE
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Solache.
05. INVOCATION
The invocation was offered by City Clerk Quiňonez.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
• City Videos.
• Proclamations.
07. COUNCIL RECESS TO:
City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency
City Council Regular Meeting - Page 92 of 241
2
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member
Soto to recess to the City of Lynwood as the Successor Agency to the Lynwood
Redevelopment Agency at 6:17 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
Lynwood Housing Authority
MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem
Solache to recess to the Lynwood Housing Authority at 6:19 p.m. Motion carried by
unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
Lynwood Public Financing Agency
MOTION: It was moved by Commissioner Flores, seconded by Commissioner Soto
to recess to the Lynwood Public Financing Agency at 6:20 p.m. Motion carried by
unanimous consent.
ROLL CALL:
AYES: COMMISSIONERS FLORES, SANTANA, SOTO, VICE CHAIR
SOLACHE AND CHAIR CASANOVA
NOES:
ABSTAIN:
ABSENT:
The City Council reconvened to the regular City Council meeting at 6:22 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
City Council Regular Meeting - Page 93 of 241
3
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
The following individual spoke regarding non-agenda items:
Maria Vieira, Irene Garcia, Rosalba Castaneda, Patty Lopez, Julian Del Real Calleros,
Estrella Galindo, Gary Hardie, Mr. Questa, Vanessa Cruz, Ronnie Figueroa, Joaquin
Mesinas, Salvador Pascalio, Maricruz Sanchez, and Maria Santillan-Beas
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 be removed from the Consent Calendar for separate action.
Council Member Flores pulled item #12 for separate consideration.
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member
Santana to approve the balance of the consent calendar and receive and file
reports. Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
08. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2022.286
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND
APPROVING THE DEMANDS AND WARRANTS REGISTER DATED NOVEMBER
1, 2022 for FY 2022-2023.
09. TREASURER'S QUARTERLY REPORT
Received and Filed TREASURER'S QUARTERLY REPORT
10. CITY CLERK'S QUARTERLY REPORT
Received and Filed CITY CLERK'S QUARTERLY REPORT
11. ELECTRONIC DATA PROCESSING & MAILING SERVICES AGREEMENT
Approved and Adopted RESOLUTION NO. 2022.287 AND AN AGREEMENT
WITH INFOSEND
City Council Regular Meeting - Page 94 of 241
4
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH INFOSEND
TO PROVIDE ELECTRONIC DATA PROCESSING AND MAILING SERVICES FOR
THE CITY’S UTILITY BILLS AND OTHER VARIOUS ITEMS
12. APPOINTMENT OF A MEMBER AND ALTERNATE MEMBERS TO THE GOVERNING
BOARD OF THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT AUTHORITY
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member
Flores to approve staff recommendations with noted revision to resolution to
incorporate “Acting” to position title. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
Approved and Adopted RESOLUTION NO. 2022.288
ENTITLED: A RESOLUTION OF THE CITY COUNCIL APPOINTING A MEMBER AND
ALTERNATES TO THE GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS AUTHORITY GOVERNING BOARD
13. ESTABLISHING A SPECIAL EVENT PERMIT POLICY MANUAL FOR SPECIAL
EVENT PERMITS AND CITY COUNCIL CONSIDERATION
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member
Santana to approve the consent calendar. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
Approved A SPECIAL EVENT PERMIT POLICY MANUAL FOR
SPECIAL EVENT PERMITS
14. PROJECT ACCEPTANCE OF THE ALLEYS IMPROVEMENT PROJECT, PROJECT
NO.4011.68.053
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Mayor
Casanova to approve the item. Motion carried by following 5/0 vote:
City Council Regular Meeting - Page 95 of 241
5
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
Approved and Adopted RESOLUTION NO. 2022.289
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ACCEPTING THE ALLEYS IMPROVEMENT PROJECT, PROJECT NO.4011.68.053
PROJECT AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF
COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND
THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE
15. PROJECT ACCEPTANCE OF THE ALBERTA ST., FIRST ST., FRANKLIN ST.,
LINDBERGH AVE., LEWIS ST., PEACH ST., PINE AVE., AND SECOND AVE.
STREET, WATER, AND SEWER IMPROVEMENT PROJECT, PROJECT NO.
4011.68.091
MOTION: It was moved by Mayor Casanova, seconded by Mayor Pro Tem
Solache to approve the item. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
Approved and Adopted RESOLUTION NO. 2022.290
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
ACCEPTING THE ALBERTA ST., FIRST ST., FRANKLIN ST., LINDBERGH AVE.,
LEWIS ST., PEACH ST., PINE AVE., AND SECOND AVE. STREET, WATER, AND
SEWER IMPROVEMENT PROJECT, PROJECT NO. 4011.68.091 PR OJECT AS
COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION
WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE
OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Flores stated that he recently was in Beverly Hills for an event he
attended and noted that as he drove on the streets he honestly wished he had a four x
City Council Regular Meeting - Page 96 of 241
6
four vehicle to handle the condition of those streets. He said he thought this is not even
close to Lynwood roadways and was so proud that we represent ourselves the way we
do with our infrastructure. He expressed kudos to his colleagues on Council as well for
all of staff’s excellent work. He noted that we are 100% better regarding our streets than
them.
Council Member Flores announced a general call out to everyone who is eligible to vote
and to remember to register to vote. He said that you can still register at the polls and
recommended everyone take care of that civic duty.
Council Member Santana expressed appreciation to Public works staff and Parks and
Recreation staff for an awesome Halloween Festival that took place on Friday. She
noted that she and her colleagues actually see value in putting together these big
community events as it brings people together and highlighted the importance to budget
funding for these community events
She stated that she is looking forward to seein g the results of our speed hump policy
soon. She indicated that is it something that she has been really looking forward to for
the last four years. She said that she hopes see the result of this policy, as it is
something that people in the community continue to ask for especially on Fernwood, just
to slow people down.
Council Member Santana mentioned she had met with several leaders in the Southeast
Los Angeles area and learned that one of the cities in area during 2016 passed a
campaign to take on “Hate”. She noted that the City of Bell established an anti-hate
ordinance in 2016 and she advocated that it could really resonate within our community
especially during the times that we are dealing with now and she recommended an “Anti-
Hate Campaign” to come to Council for consideration.
In closing remarks, Council Member Santana expressed gratitude to her colleagues and
the community for the opportunity and the support to allow her to serve in the City of
Lynwood.
Council Member Soto acknowledged the Lynwood Station Sheriff Deputies and the
City’s Code Enforcement Officers participation in “Touch-a-Truck” activities at some of
the schools. She noted their involvement as part of the community gave an opportunity
to the students to see our enforcement staff in a different way.
Mayor Pro Tem Solache stated that he plans to continue to be here in Lynwood for many
more years and to keep working for the community regardless of what title he holds. He
explained that you do not need a title to make an impact in your community some of us
take action and that is a beautiful part of being an elected official in that people trust you,
people believe in you and people will work with you. He indicated that the wonderful
part of a democracy is being able to have a difference of opinion. He shared that his
mom taught him to have respect for everyone and if you treat him with respect, you will
get respect in return. He emphasized that he is not finished, as his door is an open door.
He encouraged those that go to church to believe that there is always a new beginning
for all of us and if you truly are a person of faith then find more forgiveness and do not
City Council Regular Meeting - Page 97 of 241
7
live with so much hate in your life. He shared that keeping in line with his job he is to
represent all the community. He confirmed that he would keep voting because our
community is hungry for representation and his job is to advocate for our community.
Mayor Pro Tem Solache stressed that the council would ensure that they are inclusive
of everyone, regardless of how you vote or whom you vote for, but make sure that you
vote. He noted that people in this lifetime in this country have lost their lives, have
sacrificed so much so that we have that power to vote. Therefore, regardless of whom
you plan to vote for at the state level, at the local level, at the county level, or the many
measures to consider do your homework and make sure that you vote your conscience.
He said what happens after the election and pains are over is that we have to govern,
and we have to work together. He expressed gratitude for his colleagues for continuing
to be positive and thanked staff for their support. He concluded by encouraging all of us
to continue to always stay positive.
Mayor Casanova had no further comments.
STAFF ORAL COMMENTS
City Manager Hernandez stated he met with Long Beach Mayor Garcia and members
of the Port of Los Angeles Long Beach officials and noted that to their credit, they
recognize that the freight and shipments that come into the ports have an impact on
specifically in particular communities. He indicated that sometime early part of next year
they are going to start offering grants and scholarships to be available to nonprofits in
our community. He noted that once those details are presented he would bring an item
to City Council and communicate to our nonprofits. In addition, he mentioned a projected
program to mitigate some of the negative pollution and noise impacts and remarked that
when those details become available there will be conversations with our cities. He
confirmed to stay on top of the issue and appreciated the port officials’ efforts.
City Manager Hernandez acknowledged Los Angeles County Fire Department Chief
Sullivan’s attendance tonight and indicated he met with him in response to an
unfortunate incident this weekend that caused residents losing their home and resulting
in displacement of the occupants. He stated that the Los Angeles County Fire
Department works with these individuals along with the Red Cross and other programs
they provide. He indicated their discussion included the City of Lynwood specifically
enhancing those programs and he implied an item would be before the city council for
consideration so that the City can provide additional services to any negatively affected
families.
Director Flores made comments regarding community events and invited members of
the public to participate in the evening plan on Friday for our Dia de Los Muertos
celebration that is five p.m. to nine p.m. at Lynwood City Park. He noted that event
features over 50 local vendors with stage entertainment, life drawing class, a band and
other activities for all of the families. He announced that on Saturday morning from nine
a.m. to twelve p.m. at the Community Guardian Lotte Linear Park would be hosting our
fall community garden cleanup and harvest. He indicated that the event features
City Council Regular Meeting - Page 98 of 241
8
planting demonstrations, harvesting of the vegetables , kids activities, music and
refreshments.
Director Flores concluded his remarks by referring the public to online registration
opportunities for our community youth ongoing activities and programs. He noted that
staff is actively taking registrations for jazz dance, Jiu jitsu for kids step dancing, foot
soccer and youth basketball. He provided direction to look online at the new city website
dot gov or follow us on our social media at Lynwood Parks for all the details.
Community Development Director Linares provided an update regarding Community
Development Code Enforcement Request for Proposal for additional resources for code
enforcement, which closed yesterday. He stated that staff is reviewing the proposals and
we will have additional commercial enforcement in our major thorough ways. His second
update involved our commercial facade program and noted that we have about 47
applications submitted. He indicated that six tenants have been approved to move
forward with the grant facade improvements and they should be completed by the end
of the year.
ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by
Council Member Soto to adjourn the regular Lynwood City Council meeting at 7:38 p.m.
___________________________ _____________________________
Maria Quiňonez, City Clerk Jorge Casanova, Mayor
/nb
City Council Regular Meeting - Page 99 of 241
1
Lynwood City Council Regular Meeting
Meeting Minutes
December 6, 2022
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council
Chambers, 11350 Bullis Road Lynwood, CA 90262 or Web conference via ZOOM -
To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-2158782 Meeting
ID: 835 2029 8238 on the above date at 6:00 p.m.
Meeting called to order at 6:09 p.m.
Mayor Casanova presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez announced the Agenda had been duly posted in accordance
with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR
PRO TEM SOLACHE AND MAYOR CASANOVA
ABSENT: NONE
STAFF City Manager Hernandez, City Attorney Tapia, City Treasurer
PRESENT: Camacho, City Clerk Quiňonez
ABSENT: NONE
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers Color
Guard.
05. INVOCATION
The invocation was offered by City Clerk Quiňonez.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section
53232.3 (D)).
• City Videos.
• 2023 Miss and Mr. Lynwood Court
City Council Regular Meeting - Page 100 of 241
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PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
The following individuals spoke regarding agenda items:
Bell Gardens Councilwoman Flores
Southgate Councilwoman Diaz
Zakia Hampton
Rosalba Estaneda
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
Tony Gomez
Legislative Calendar
07. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECITING THE FACT
OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED
BY LAW
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council
Member Soto to approve item number seven (7). Motion carried by following
5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR
PRO TEM SOLACHE AND MAYOR CASANOVA
NOES:
ABSTAIN:
ABSENT:
Approved and Adopted RESOLUTION NO. 2022.302
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER
8, 2022, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW
City Council Regular Meeting - Page 101 of 241
3
08. SWEARING IN / OUTGOING CEREMONIES
1) Council Member - Gabriela Camacho Sworn in by Mayor Jorge Casanova
2) Council Member - Juan Munoz-Guevara Sworn in by Mike Bonin
3) Council Member - Jose Luis Solache Sworn in by Jason Marquez
09. CITY COUNCIL REORGANIZATION
MOTION: It was moved by Council Member Solache, seconded by Council
Member Soto to appoint Oscar Flores as Mayor of the City of Lynwood. Motion
carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-
GUEVARA, SOLACHE AND SOTO
NOES:
ABSTAIN:
ABSENT:
MOTION: It was moved by Mayor Flores, seconded by Council Member
Camacho to appoint Rita Soto as Mayor Pro Tem of the City of Lynwood.
Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, SOTO AND MAYOR FLORES:
NOES:
ABSTAIN:
ABSENT:
City Council appointed Council Member Oscar Flores as Mayor and Council
Member Rita Soto as Mayor Pro Tem for Calendar Year 2023
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 be removed from the Consent Calendar for separate action.
City Manager Hernandez requested that item number twelve (12) be pulled
from the consent calendar.
City Council Regular Meeting - Page 102 of 241
4
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro
Tem Soto to approve the balance of the consent calendar. Motion carried by
following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES:
ABSTAIN:
ABSENT:
10. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2022.303
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND
APPROVING THE DEMANDS AND WARRANTS REGISTER DATED DECEMBER
6, 2022.
11. PREVIOUS MEETING MINUTES
Approved Meeting Minutes of July 19, 2022 Regular City
Council Meeting
12. ADVERTISEMENT OF VACANT CITY TREASURER SEAT
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to approve amendment for application deadline to January 2, 2023 . Motion
carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES:
ABSTAIN:
ABSENT:
Approved ADVERTISEMENT OF VACANT CITY TREASURER
SEAT AMENDMENT DEADLINE JANUARY 2, 2023
City Council Regular Meeting - Page 103 of 241
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CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Munoz-Guevara had no additional comments but wanted to
acknowledge all the electives traveling across Southeast Los Angeles today for the
ceremony.
Council Member Camacho had no further comments.
Council Member Solache announced a reminder that the Holiday Parade is this next
Friday as our biggest event of the community. He encouraged everyone to let their
friends and family know the date as the City prepared a great event planned by our
awesome staff.
Mayor Pro Tem Soto extended thanks to every person for being patient today. She
encouraged everybody to continue working together and emphasized that the council
members are here to listen to everyone and endeavor to do the best for this
community.
Mayor Flores had no further comments.
STAFF ORAL COMMENTS
City Manager Hernandez extended a warm welcome to both Council Member
Camacho in her new capacity and new Council Member Munoz-Guevara. He noted
that staff is looking forward to working with the entire City Council.
City Manager Hernandez requested Mayor Flores to remind the public there is a
reception at Bateman Hall and to join us there.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Solache, seconded
by Mayor Pro Tem Soto to adjourn the regular Lynwood City Council meeting at 8:32
p.m.
________________________ _______________________
Maria Quiňonez, City Clerk Oscar Flores, Mayor
/nb
City Council Regular Meeting - Page 104 of 241
1
Lynwood City Council Regular Meeting
Meeting Minutes
December 20, 2022
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council
Chambers, 11350 Bullis Road 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 on the above date at 6:00 p.m.
Meeting called to order at 6:00 p.m.
Mayor Casanova presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance
with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
STAFF PRESENT:
City Manager Hernandez, City Attorney Tapia and City Clerk Quiňonez
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers.
05. INVOCATION
The invocation was offered by Reverend Rudy.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section
53232.3 (D)).
• City Video(s)
07. COUNCIL RECESS TO:
• City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency
• Lynwood Housing Authority
• Lynwood Public Financing Authority
City Council Regular Meeting - Page 105 of 241
2
City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency:
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to recess to the Successor Agency to the Lynwood Redevelopment
Agency at 6:08 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Lynwood Housing Authority:
MOTION: It was moved by Commissioner Solache, seconded by Vice Chair Soto to
recess to the Lynwood Housing Authority at 6:10 p.m. Motion carried by unanimous
consent.
ROLL CALL:
AYES: COMMISSIONERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
VICE CHAIR SOTO AND CHAIR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Lynwood Public Financing Authority:
MOTION: It was moved by Member Solache, seconded by Vice President Soto to
recess to the Lynwood Public Financing Authority at 6:12 p.m. Motion carried by
unanimous consent.
ROLL CALL:
AYES: MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, VICE
PRESIDENT SOTO AND PRESIDENT FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
President Flores adjourned the Lynwood Public Financing Authority at 6:14 p.m.
The City Council reconvened to the regular City Council meeting at 6:15 p.m.
City Council Regular Meeting - Page 106 of 241
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PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
Gabriel Ramirez congratulated the Council Members that were elected. He then
recommended that Council Member Munoz-Guevara be appointed to the Southern
California Association Council of Government.
Gilbert Miranda spoke on behalf of the Lynwood Marlins Swim Team. He asked that
the pool be reopened as soon as possible.
Public Hearing
08. PUBLIC HEARING AND ADOPTION OF RESOLUTION AUTHORIZING AN
AMENDMENT TO THE CITY’S PROPOSED FIVE-YEAR PLAN UNDER THE
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT PROGRAM
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to open the public hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to close the public hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to approve the item. Motion carried by 5-0 vote.
ROLL CALL:
City Council Regular Meeting - Page 107 of 241
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AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2023.304
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
AUTHORIZING THE ADOPTION AND IMPLEMENTATION OF AN AMENDED
FIVE-YEAR PLAN UNDER THE STATE OF CALIFORNIA HOUSING AND
COMMUNITY DEVELOPMENT (HCD) PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) PROGRAM
Consent Calendar
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate
discussion on these items prior to voting unless members of the Council or staff
request specific items be removed from the Consent Calendar for separate action.
Mayor Pro Tem Soto pulled item 12 for separate consideration.
Council Member Munoz-Guevara pulled items 13 and 14 for separate consideration.
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to approve the balance of the consent calendar. Motion carried by 5-0 vote.
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
09. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2022.305
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND
APPROVING THE DEMANDS AND WARRANTS REGISTER DATED DECEMBER
20, 2022 for FY 2022-2023.
10. TREASURER’S MONTHLY INVESTMENT REPORT
Received and Filed TREASURER’S MONTHLY INVESTMENT
REPORT
City Council Regular Meeting - Page 108 of 241
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11. AUTHORIZATION TO APPLY FOR URBAN COMMUNITY DROUGHT RELIEF
GRANT
Approved and Adopted RESOLUTION NO. 2022.306
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
URBAN COMMUNITY DROUGHT RELIEF GRANT BY HARRIS & ASSOCIATES
12. REQUEST TO INSTALL RAIN GARDENS ON BULLIS ROAD TO ADDRESS
STORMWATER DRAINAGE
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.307 and AGREEMENT
WITH 316 CONSTRUCTION & ENGINEERING,
INC. TO INSTALL THREE RAIN GARDENS PER
DESIGN ON BULLIS ROAD
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD TO APPROVE AN AGREEMENT WITH 316 CONSTRUCTION &
ENGINEERING, INC. FOR AN AMOUNT OF $145,150 TO INSTALL THREE RAIN
GARDENS PER DESIGN ON BULLIS ROAD; AND AUTHORIZING THE CITY
MANAGER TO APPROVE UP TO TEN PERCENT OF THE CONTRACT PRICE
FOR ADDITIONAL SERVICES AS NEEDED
13. FERNWOOD AVENUE PARK PROJECT CHANGE ORDER LIMIT INCREASE
APPROVAL
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
City Council Regular Meeting - Page 109 of 241
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ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.308
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD ACCEPTING THE FERNWOOD AVENUE PARK PROJECT CHANGE
ORDER LIMIT INCREASE APPROVAL
14. CIP PRIORITY 2 STREET IMPROVEMENT PROJECT (PHASE 2A) FY 2022-2023
CHANGE ORDER APPROVAL
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.309
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD ACCEPTING THE CIP PRIORITY 2 STREET IMPROVEMENT
PROJECT (PHASE 2A) FY 2022-2023 CHANGE ORDER APPROVAL
15. REQUEST TO REPAIR AND REHABILITATE THE NATATORIUM POOL DRAIN
AND OUTLET PIPING
Approved and Adopted RESOLUTION NO. 2022.310 AND AGREEMENT
WITH 316 CONSTRUCTION & ENGINEERING,
INC. TO REPAIR AND REHABILITATE THE
NATATORIUM POOL DRAIN AND OUTLET
PIPING
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD TO APPROVE AN AGREEMENT WITH 316 CONSTRUCTION &
ENGINEERING, INC. FOR AN AMOUNT OF $133,475 TO REPAIR AND
REHABILITATE THE NATATORIUM POOL DRAIN AND OUTLET PIPING; AND
AUTHORIZING THE CITY MANAGER TO APPROVE UP TO TEN PERCENT OF
THE CONTRACT PRICE FOR ADDITIONAL SERVICES AS NEEDED
16. A RESOLUTION OF THE CITY COUNCIL AND THE CITY OF LYNWOOD AMENDING
ITS COMPENSATION (SALARY SCHEDULE) PLAN TO COMPLY WITH THE
STATE OF CALIFORNIA’S MINIMUM WAGE LAW FOR ITS PART -TIME CASHIER
City Council Regular Meeting - Page 110 of 241
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AND LOCKER ATTENDANT POSITIONS
Approved and Adopted RESOLUTION NO. 2022.311
ENTITLED: A RESOLUTION OF THE CITY COUNCIL AND THE CITY OF
LYNWOOD AMENDING ITS COMPENSATION (SALARY SCHEDULE) PLAN TO
COMPLY WITH THE STATE OF CALIFORNIA’S MINIMUM WAGE LAW FOR ITS
PART-TIME CASHIER AND LOCKER ATTENDANT POSITIONS
17. CONSIDERATION OF A RESOLUTION PROCLAIMING A LOCAL EMERGENCY,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY
GOVERNOR NEWSOM, FINDING THAT THE PROCLAIMED STATE OF
EMERGENCY CONTINUES TO IMPACT THE ABILITY TO MEET SAFELY IN
PERSON, AND DECLARING THAT THE CITY COUNCIL AND CITY COMMISSIONS
AND COMMITTEES WILL COTINUE TO MEET REMOTELY IN ADHERENECE
WITH AB 361 IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC
Approved and Adopted RESOLUTION NO. 2022.312
ENTITLED: A Resolution Proclaiming a Local Emergency, Ratifying the
Proclamation of a State of Emergency by Governor Newsom, Finding that the
Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in
Person, and Declaring that the City Council and City Commissions and Committees
Will Continue to Meet Remotely in Adherence With AB 361 in Order to Ensure the
Health and Safety of the Public
New/Old Business
18. SECOND READING OF ORDINANCE NO. 1755
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted ORDINANCE NO. 1755
ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA ADMINISTRATIVE, BUILDING, RESIDENTIAL, MECHANICAL,
PLUMBING, ELECTRICAL, GREEN BUILDING STANDARDS, ENERGY,
City Council Regular Meeting - Page 111 of 241
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HISTORICAL BUILDING, AND EXISTING BUILDING CODES, THE 2021 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2021
EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE,
TOGETHER WITH APPENDICES, AMENDMENTS, DELETIONS AND PENALTIES,
AND AMENDING CHAPTER 11 OF THE LYNWOOD MUNICIPAL CODE
19. AWARD OF CONTRACT TO ROBERT D. NIEHAUS, INC. TO PREPARE THE 2023
WATER AND SEWER RATES STUDY
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.313 AND AN AGREEMENT
WITH ROBERT D. NIEHAUS, INC. TO PREPARE THE
2023 WATER AND SEWER RATES STUDY
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AWARDING AN AGREEMENT TO ROBERT D. NIEHAUS, INC. TO
PREPARE THE 2023 WATER AND SEWER RATES STUDY; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED
$89,900; AND AUTHORIZING THE CITY MANAGER TO APPROVE UP TO TEN
PERCENT OF THE CONTRACT PRICE FOR ADDITIONAL SERVICES AS
NEEDED
20. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND
ENTERPRISE FLEET MANAGEMENT, INC. FOR VEHICLE REPLACEMENT AND
MAINTENANCE PROGRAM
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
City Council Regular Meeting - Page 112 of 241
9
Approved and Adopted RESOLUTION NO. 2022.314 AND AN
AGREEMENT BETWEEN THE CITY OF
LYNWOOD AND ENTERPRISE FLEET
MANAGEMENT, INC. FOR VEHICLE
REPLACEMENT AND MAINTENANCE
PROGRAM
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD TO IMPLEMENT THE CITY’S VEHICLE REPLACEMENT AND
MAINTENANCE PROGRAM, INCLUDING APPROVAL OF VARIOUS
AGREEMENTS WITH ENTERPRISE FLEET MANAGEMENT, INC. FOR THE
LEASE AND MAINTENANCE OF THE CITY’S VEHICLE FLEET
21. AWARD OF CONTRACT FOR WATER WELL CASING INSPECTION, AQUIFER
FLOW TESTING, AND WATER QUALITY PROFILING AT LYNWOOD WELLS 5,
21, AND 22 IN THE AMOUNT OF $547,152
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.315 AND AN
AGREEMENT TO BESST, INC. TO PROVIDE
WATER WELL CASING INSPECTION, AQUIFER
FLOW TESTING, AND WATER QUALITY
PROFILING AT LYNWOOD WELLS 5, 21, AND
22 IN THE AMOUNT OF $547,152
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AWARDING AN AGREEMENT TO BESST, INC. TO PROVIDE WATER
WELL CASING INSPECTION, AQUIFER FLOW TESTING, AND WATER QUALITY
PROFILING AT LYNWOOD WELLS 5, 21, AND 22 IN THE AMOUNT OF $547,152
22. AMENDMENT OF VARIOUS CITY CONTRACTS EXTENDING THE TERMS OF
THE AGREEMENTS
City Council Regular Meeting - Page 113 of 241
10
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to approve staff’s recommendation. Motion carried by 4-1 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, SOLACHE, MAYOR PRO TEM
SOTO AND MAYOR FLORES
NOES: COUNCIL MEMBER MUNOZ-GUEVARA
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.316 AND EXTENDING
TERMS OF AGREEMENTS WITH WILLDAN,
TRANSTECH, SWA, INFRASTRUCTURE
ENGINEERS, SAFNA, THE KILKENNY GROUP,
DSANTANA, NORTHSTAR LANDCARE,
LEGISLATIVE ADVOCACY GROUP
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AUTHORIZING THE APPROVAL OF AMENDMENTS TO VARIOUS
CITY CONTRACTS EXTENDED THE TERMS OF THE AGREEMENTS
23. MAYORAL APPOINTMENTS
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to approve the following appointments:
NAME OF ORGANIZATION
APPOINTED
DELEGATE
APPOINTED
ALTERNATE
1 CALIFORNIA CONTRACT CITIES
ASSOCIATION
Mayor Flores Mayor Pro Tem Soto
2 CITY SELECTION COMMITTEE Mayor Flores Council Member
Munoz-Guevara
3 COUNTY SANITATION DISTRICT #1 Council Member
Solache
Mayor Flores
4 GATEWAY CITIES COUNCIL OF
GOVERNMENT (SELAC)
Mayor Flores Council Member
Camacho
5 GREATER LA VECTOR CONTROL
DISTRICT
Mayor Pro Tem Soto Council Member
Camacho
6 HUB CITIES CONSORTIUM Council Member
Solache
Mayor Pro Tem Soto
City Council Regular Meeting - Page 114 of 241
11
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved MAYORAL APPOINTMENTS
ENTITLED: MAYORAL APPOINTMENTS
24. REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS & ANNUAL
BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST
MOTION: It was moved by Council Member Camacho, seconded by Council
Member Solache to approve Council Member Solache’s re-appointment of
Commissioners Joe Battle, Gary Hardie, Robert Gomez and Brenda Rivera. Motion
carried by 5-0 vote.
ROLL CALL:
7 I-710 EIR/EIS PROJECT COMMITTEE-
GATEWAY CITIES COUNCIL OF
GOVERNMENT (SELAC)
Council Member
Munoz-Guevara
Council Member
Camacho
8 INDEPENDENT CITIES ASSOCIATION Council Member
Camacho
Mayor Pro Tem Soto
9 INDEPENDENT CITIES FINANCE
AUHTORITY
Council Member
Solache
Mayor Flores
10 LEAGUE OF CALIFORNIA CITIES Mayor Pro Tem Soto Council Member
Munoz-Guevara
11 LYNWOOD UNIFIED SCHOOL
DISTRICT BOARD MEETING
Mayor Pro Tem Soto Council Member
Camacho
12 NATIONAL LEAGUE OF CITIES Council Member
Camacho
Council Member
Munoz-Guevara
13 SO. CA ASSN. COUNCIL OF
GOVERNMENT (SCAG)
Council Member
Solache
Council Member
Munoz-Guevara
14 TRANSPORTATION COMMITTEE –
GATEWAY CITIES COUNCIL OF
GOVERNMENT (SELAC)
Council Member
Munoz-Guevara
Council Member
Camacho
15 WATER REPLENISHMENT DISTRICT
OF SO. CALIF.
Mayor Flores Council Member
Solache
City Council Regular Meeting - Page 115 of 241
12
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
MOTION: It was moved by Council Member Camacho, seconded by Council
Member Solache to approve Mayor Pro Tem Soto’s re-appointment of
Commissioners Christopher Acosta, Efren Lopez, Rosemillie Lopez, Kenneth West
and Andrea Lopez. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
MOTION: It was moved by Council Member Munoz-Guevara, seconded by Council
Mayor Flores to approve Council Member Munoz-Guevara’s appointment of
Commissioners Rowland Becerra and Lorraine Moore. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
MOTION: It was moved by Council Member Solache, seconded by Council Member
Munoz-Guevara to approve Mayor Flores’ re-appointment of Commissioners Sylvia
Ramirez, Frank Carrasco, Deondra Tisdale, Arturo Ramirez and Daniel Salazar .
Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
City Council Regular Meeting - Page 116 of 241
13
COUNCIL
MEMBER
CDBG
BOARD
PUBLIC
SAFETY/TRAFFIC
& PARKING
COMMISSION
PERSONNEL
BOARD
PLANNING
COMMISSION
CITIZEN
OVERSIGHT
COMMITTEE
Mayor
Flores
Sylvia
Ramirez Frank Carrasco
Deondra
Tisdale Arturo Ramirez
Daniel
Salazar
Mayor
Pro Tem
Soto
Christopher
Acosta Efren Lopez
Rosemillie
Lopez Kenneth West Andrea Lopez
Council
Member
Camacho VACANT VACANT VACANT VACANT VACANT
Council
Member
Munoz-
Guevara VACANT Rowland Becerra VACANT Lorraine Moore VACANT
Council
Member
Solache
Yolanda
Rodriguez-
Gonzalez Joe Battle Gary Hardie Robert Gomez
Brenda
Rivera
Approved REVIEW OF BOARD, COMMISSION AND COMMITTEE
MEMBERS & ANNUAL BOARDS, COMMISSIONS AND
COMMITTEES LOCAL APPOINTMENT LIST
ENTITLED: REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS
& ANNUAL BOARDS, COMMISSIONS AND COMMITTEES LOCAL
APPOINTMENT LIST
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Munoz-Guevara started by sharing that the Board of Supervisors
met and voted to extend renter and tenant protection until January 31 st. He stated
that he would like for them to look into and consider this issue, as majority of the
community consists of renters.
Council Member Camacho thanked staff for putting together such amazing events,
such as the parade, snow day and the visits with Santa. She wished everyone a
Merry Christmas and Happy New Year, and a great winter break.
Council Member Solache started by wishing Council Member Camacho a Happy
Birthday. He then acknowledge the Parks and Recreation Department for putting
together a great snow day event. He then mentioned that he attended the staff
Holiday event. He thanked staff for all of the hard work they do throughout the year.
He finished by wishing everyone happy holidays.
Mayor Pro Tem Soto started by thanking staff for all of the work they have been
doing to put together events since October. She then wished everyone safe and
happy holidays.
City Council Regular Meeting - Page 117 of 241
14
Mayor Flores started by thanking the new Council Members that came in and
finished off the year strong. He is really looking to seeing everything they will
accomplish next year. He finished by wishing everyone happy holidays.
STAFF ORAL COMMENTS
City Manager Hernandez wished everyone a Merry Christmas and Happy New Year.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Solache, seconded
by Mayor Pro Tem Soto to adjourn the Lynwood City Council Regular Meeting at 8:13
p.m. Motion carried by unanimous consent.
______________________ ______________________
Maria Quiňonez, City Clerk Jorge Casanova, Mayor
/sp
City Council Regular Meeting - Page 118 of 241
1
Lynwood City Council Regular Meeting Closed Session
Meeting Minutes
March 7, 2023
01. CALL TO ORDER
The City Council Regular Meeting Closed Session of the City of Lynwood met
in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 or Web
conference via ZOOM - To participate via Zoom or by telephone: 1 -669-900-
9128 or 1-253-2158782 Meeting ID: 835 2029 8238 on the above date at 5:00
p.m.
Meeting called to order at 5:00 p.m.
Mayor Flores presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
Office Assistant to City Clerk Quinonez announced the Agenda had been
duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
STAFF PRESENT:
City Manager Hernandez, City Attorney Tapia, Community Development
Director Linares, Human Resources Director Matson, Public Works Director
Lee, Recreation Director Flores and Technology Director Han.
ABSENCE: City Treasurer Cuellar and City Clerk Quinonez
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE
Closed Session
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to recess to closed session. Motion carried by 5-0 vote.
City Council Regular Meeting - Page 119 of 241
2
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Attorney read the City Council into closed session.
04. CLOSED SESSION
A. With respect to every item of business to be discussed in closed session pursuant
to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -
EXISTING LITIGATION - Government Code section 54956.9(d)(1)
1. Name of Case: A.G. Johnson v. City of Lynwood, LASC Case No. BS175033
The City Attorney Tapia reported on the following item out of closed session:
With all five (5) members of the City Council being present, the City Council met in
closed session to discuss item 4A: City staff made a presentation, City Council
provided feedback and no final reportable action was taken.
Mayor Flores requested a motion to adjourn closed session.
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to adjourn closed session.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ADJOURNMENT
Having no further discussion, it was moved by Council Member Solache, seconded
by Mayor Pro Tem Soto to adjourn the Closed Session meeting. Motion carried by
unanimous consent and meeting adjourned at 6:01 p.m.
Maria Quinonez, City Clerk Oscar Flores, Mayor
/nb
City Council Regular Meeting - Page 120 of 241
1
Lynwood City Council Regular Meeting
Meeting Minutes
March 7, 2023
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers,
11350 Bullis Road Lynwood, CA 90262 or Web conference via ZOOM - To participate
via Zoom or by telephone: 1-669-900-9128 or 1-253-2158782 Meeting ID: 835 2029
8238 on the above date at 6:00 p.m.
Meeting called to order at 6:01 p.m.
Mayor Flores presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
Assistant to the City Clerk announced the Agenda had been duly posted in accordance
with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
ABSENT: NONE
STAFF PRESENT:
CITY MANAGER HERNANDEZ, CITY ATTORNEY TAPIA, COMMUNITY
DEVELOPMENT DIRECTOR LINARES, PUBLIC WORKS DIRECTOR LEE, HUMAN
RESOURCES DIRECTOR MATSON, FINANCE DIRECTOR WONG AND PARKS AND
RECREATION DIRECTOR FLORES
ABSENT: CITY TREASURER CUELLAR AND CITY CLERK QUINONEZ
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers.
05. INVOCATION
The invocation was offered by Pastor Eric Quiles – Potter’s House.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3
(D)).
• City Videos.
City Council Regular Meeting - Page 121 of 241
2
07. COUNCIL RECESS TO:
City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to recess to the City of Lynwood as the Successor Agency to the Lynwood
Redevelopment Agency at 6:14 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Housing Authority
MOTION: It was moved by Council Member Muñoz-Guevara, seconded by Council
Member Solache to recess to the Lynwood Housing Authority at 6:16 p.m. Motion
carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Public Financing Agency
MOTION: It was moved by Council Member Solache, seconded by Council Member
Camacho to recess to the Lynwood Public Financing Agency at 6:18 p.m. Motion
carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 122 of 241
3
Lynwood Utility Authority
MOTION: It was moved by Council Member Camacho, seconded by Council Member
Muñoz-Guevara to recess to the Lynwood Public Financing Agency at 6:17 p.m.
Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council reconvened to the regular City Council meeting at 6:20 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
The following individuals spoke or emailed comments regarding non -agenda items:
Michelle Zuno
Paola Nunez
Dalilah Medina
Joaquin Mesinas
Blanca Alvarado
Rosalba Castaneda
Clara Hernandez
Public Hearing
MOTION: It was moved by Mayor Pro Tem Soto, seconded by Council Member
Camacho to open the public hearing. Motion carried by 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 123 of 241
4
08. RENEWAL OF TORRANCE PIPELINE COMPLANY, LLC, PIPELINE FRANCHISE;
INTRODUCTION OF AN ORDINANCE FOR FIRST READING ESTABLISHING THE
FRANCHISE
MOTION: It was moved by Council Member Munoz-Guevara, seconded by Mayor Pro
Tem Soto to continue item to the next meeting. Motion carried by 5/0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Opened Public Hearing and Continued Item to Next Meeting
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 be
removed from the Consent Calendar for separate action.
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem
Soto to approve the consent calendar. Motion carried by 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
09. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2023.023
ENTITLED: A RESOLUTION OF THE LYNWOOD CITY COUNCIL OF THE CITY OF
LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
REGISTER DATED MARCH 7, 2023
10. PREVIOUS MEETING MINUTES
City Council Regular Meeting - Page 124 of 241
5
Approved Meeting Minutes for the Lynwood City Council November
15, 2022 Regular City Council Meeting; January 17,
2023 Regular City Council Meeting; January 26, 2023
Special City Council Meeting; February 21, 2023
Regular City Council Meeting
11. APPROVAL OF THE SALE OF SAFE AND SANE FIREWORKS - 2023
Council Provided Direction to Continue Sale of Safe and Sane Fireworks - 2023
12. STAFF RECOMMENDS REJECTION OF ALL BIDS FOR THE IMPROVEMENT
WORK AT LOS ANGELES COUNTY FIRE STATION 147
Approved and Adopted RESOLUTION NO. 2023.024
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
REJECTING ALL BIDS FOR THE IMPROVEMENTS AT LOS ANGELES COUNTY
FIRE STATION 147
13. LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARDED BY THE
CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $444,000
AND PARTNERING WITH HR &A ADVISORS TO SUCCESSFULLY IMPLEMENT
AND EXECUTE AWARDED FUNDS
Received and Filed REPORT ON LOCAL AGENCY TECHNICAL ASSISTANCE
GRANT AWARDED BY THE CALIFORNIA PUBLIC
UTILITIES COMMISSION IN THE AMOUNT OF $444,000
AND PARTNERING WITH HR&A ADVISORS TO
SUCCESSFULLY IMPLEMENT AND EXECUTE
AWARDED FUNDS
New/Old Business
14. RESOLUTION IN OPPOSITION OF INITIATIVE 21-0042A1; LETTER OF PROTEST
FOR FAILED EXIDE CLEAN-UP EFFORTS
MOTION: It was moved by Mayor Pro Tem Soto, seconded by Council Member
Camacho to approve the item. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 125 of 241
6
Approved and Adopted RESOLUTION NO. 2023.025
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
SUPPORTING THE OPPOSITION OF INITIATIVE 21 -0042A1
15. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LYNWOOD AND THE COUNTY OF LOS ANGELES FOR COORDINATION
OF DIGITAL CONNECTIVITY INVESTMENTS
MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro
Tem Soto to approve the item. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE,
MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
LYNWOOD AND THE COUNTY OF LOS ANGELES FOR
COORDINATION OF DIGITAL CONNECTIVITY INVESTMENTS
16. CITYWIDE MONUMENT DESIGN SELECTION
Council Provided Further Direction for Design Selection
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Munoz-Guevara announced that March begins the start of Women's
History Month and he wanted to extend his wishes to everyone for a Happy Women's
History Month. He also highlighted that there will be more upcoming activity in the way
of a presentation regarding women’s history and encouraged the residents to reflect on
the many contributions made to our society from women throughout history and present
times.
He expressed appreciation about the opening of the Ham Park Playground and noted
that he is incredibly happy for the community to now have this facility available. He
acknowledged that usage of the playground was a huge, huge issue for so many
residents, as to having nowhere to take their kids to play during the summer months for
the past several years. He indicated that he was very pleased that the City finally
delivered on the playground and mentioned how important it is for the residents and the
City to take care of the park amenities. He explained that the park playgrounds are
significant investments that the City has made to the community and that everyone is
City Council Regular Meeting - Page 126 of 241
7
responsibility to make sure that hundreds of kids will continue to benefit by being able
to enjoy the playground for years to come.
Council Member Munoz-Guevara requested staff to look at various intersections where
there has been several incidents of pedestrians struck by vehicles. He perceived that it
has become an alarming trend in that there was one incident a month and all of a sudden
there are four incidents in one month. He pointed out some of the troubled intersections
and roads that folks have flagged for him over the past couple of wee ks as Sanborn
between Birch and California; Euclid between Long Beach Boulevard and Bullis Road;
also at Harris Yolanda Abbott, Atlantic, even Cesar Chavez Lane and MLK over the past
month.
He reported that many residents have informed him about getting knocks on their doors
representing a particular referendum petition. He encouraged residents to get all the
facts and look at the past Council meetings and minutes as the record is there for a
reason and you can hear the context and the comments around that particular issue.
Council Member Munoz-Guevara brought up the issue of renter protections looming
deadline approaching on March 31. He indicated that he appreciated the comments
from landlords heard throughout the meeting and that he has met with a number of
landlords over the past weeks as well; however, he voiced the need to protect our small
mom and pop landlords as a part of our community. He noted that if our mom and pop
landlords fail it could result in a larger corporate landlord take-over of the property that
would mean a loss of direct connection to the community. He stressed the need to come
up with a balanced approach to address this issue as the displacement of people in our
community feeds into so many other issues.
He conveyed that currently as this meeting is being held, our Lynwood High School
Basketball Team is playing in a tournament and wished them the best of luck as the
Team makes their way to the C I F State Championship.
In closing, Council Member Munoz-Guevara remarked that he wanted to wish a speedy
recovery to our City Clerk Maria Quinonez who unfortunately was involved in a vehicle
accident over the weekend and hopes that she is better soon so that she can continue
joining us in our meetings.
Council Member Camacho stated she was able to attend the grand opening of the Ham
Park Playground this weekend and it was very exciting to be able to be there. She
indicated that the park is the nearest park to her home and her two little kids were thrilled
and enthusiastic that they will be finally be able to participate and enjoy the playground.
She indicated that they even watched when the gates came down so they were very
excited.
She expressed special thanks to our former council members that worked so hard on
the playground issues. She remarked that she and Council Member Munoz-Guevara
have only been at the dais for a couple of months, therefore could not possibly take any
City Council Regular Meeting - Page 127 of 241
8
credit for the playground opening. She stated the headaches that playground caused
belonged to our former colleagues that were up here and noted that former Council
Member Santana and former Council Member Casanova endured two years of a
headache and it is very exciting to finally have the playground open.
In closing, Council Member Camacho also acknowledged that our Lynwood High School
Team is playing a basketball game right now and they have not sent the score, but
hopefully they are winning and we will see them representing the City of Lynwood at the
State Championship on Friday.
Council Member Solache acknowledged the glowing excitement from Mayor Flores as
a park advocate and noted everyone’s enthusiasm at our Saturday event. He also
echoed Council Member Camacho’s comments regarding Ms. Santana and Mr.
Casanova as huge advocates with big loud voices to ensure that the playground work
was finished on the project and that the contractors were held accountable for a project
that obviously our community needs. He described seeing the kids run into the
playground as a magical moment for all of us to observe. He stated that it was worth the
two years that we had to fight with legal action and having our City Attorney Mr. Tapia
led us into those moments during the two-year battle and now with the realization that
park playground is open was awesome. Council Member Solache recognized the City
fought hard to ensure that it was completed under the leadership of City Manager
Hernandez directing the charge. He also thanked the community for their patience as
many residents throughout the last two years were compl aining about the fact that the
fence outside of the park playground looked horrible. He thanked Director Mark Flores
and Parks Department staff for doing a great job in organizing the playground-opening
event.
Inclosing, he offered best wishes and good luck to the Lynwood High School Basketball
Team as they play for the State Championship and expressed his desire that Lynwood
continues to be on the map for great things such as winning a prestigious State
Championship.
Mayor Pro Tem Soto expressed a happy Women's History Month to all the women that
are present here tonight and to all the women that are in our city and surrounding cities
too. She offered her thanks for all of their amazing contributions that have been
extended to our community. She joined in with her colleagues to convey excitement and
joy for the opening of Ham Park Playground after way too many headaches during the
construction period. Mayor Pro Tem Soto revealed that u nfortunately, she heard that
part of the park had been vandalized. She said is it sad that someone who is part of the
community or even somebody that is not from our community doing this damage to our
park. She mentioned that the bike trail was also vandalized and unfortunately that is
really, sad as we are trying to provide everything that this community deserves.
Mayor Flores extended a greeting for the community to enjoy Women's History Month.
He expressed that it is definitely a blessing to have two women members serve on the
City Council Regular Meeting - Page 128 of 241
9
City Council. Additionally, he described both of them as two very scholarly individuals.
He continued by thanking all female staff members that we have on board with the City
for the work they do on a daily basis and voiced appreciation for their services performed
all year long. He recognized another female colleague Ana Maria Quintana from a
neighboring city, the great City of Bell, and acknowledged appreciation for her and the
work that she has provided for the community.
His closing statement offered encouragement to Lynwood High School Basketball Team
to win the State Championship.
STAFF ORAL COMMENTS
City Manager Hernandez stated that the City Council in the last two years has spent
millions of millions of dollars to fix up our streets and parks. He explained that it is
unfortunate that some people, which he hopes are outside of this community, are
vandalizing the City’s amenities. He indicated that we are surveying what other agencies
are doing to address this problem. He noted that this is one area where our own
residents and neighbors can help us somewhat to narrow down possible suspects and
acknowledged that some folks are doing exactly that. He mentioned that recent
vandalism happened at one of our parks and we received information that helped us
out in targeting a conclusion. He expressed that we are hoping to receive continued
collaboration in this area in that we all want a better Lynwood that this community
deserves
ADJOURNMENT
Having no further discussion, it was moved by Council Member Solache, seconded by
Council Member Munoz-Guevara to adjourn the regular Lynwood City Council meeting
at 7:49 p.m.
____________________________ ______________________________
Maria Quiňonez, City Clerk Oscar Flores, Mayor
/nb
City Council Regular Meeting - Page 129 of 241
A genda Item # 12.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: L uis C uellar, C ity Treasurer
S heila Harding, D eputy C ity Treasurer
S U B J E C T: TRE A S URE R'S M O N TH LY INV E S TME NT RE P ORT
Recommendation:
The following is the Investment Report for the month endi ng F ebruary 28, 2023. This report is provided to ensure
C ity C ouncil is i nformed of the D epartment’s investment activi ti es. The report satisfies the recommended
reporting requirements of the C i ty of Lynwood, which addresses the C ity C ouncil’s request for monthly fi nancial
information.
It i s recommended that the C ity C ounci l for the C ity of Lynwood receive and file the attached Monthly Investment
Report.
Background:
Government C ode S ection 53607, last amended 1996, with reference to the reporting of investment transacti ons
states that the Treasurer shall make a monthly report of those transaction to the legislati ve body. Government
C ode S ection 53646 (b) (1), last amended 2004, with reference to discussion related to establishment of an
Investment P olicy and i nvestment reporting states that “the Treasurer may render a quarterly report”. To determi ne
the applicable code inasmuch as reference to Government C ode S ection 53607 or non-compli ance thereof has
never been included i n past audit findings. While Government C ode S ection 53646 (b) (1) which is the most
current version related to Investment Reporting utilizes the word “may” indicating the reporting mechanism is
optional, to err on the side of caution, and in order to ensure that we are in compliance with all Government C odes,
a new procedure of submitting monthly reports to the C ouncil/A gency agenda was implemented. A ttached for
C ouncil/A gency revi ew is the C ity’s/A gency’s Monthly Treasurer ’s Report.
Discussion and Analysis:
The investment transactions were executed i n accordance with the C ity's Investment P olicy and the C ali forni a
S tate Government C ode S ection 53646(b)(3) that requires the general fund is able to meet its expenditure
City Council Regular Meeting - Page 130 of 241
requirements for the next six months.
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the C ity.
Coordinated With:
F HN F inanci al Main S treet A dvisors currently monitors the C ity’s i nvestment activities.
AT TAC H ME N T S:
Description
AC TIV IT Y & P E R F OR MAN C E S U MMARY - F E B R U ARY 2023
F H N MON TH IN R EVIE W R E P OR T- F E B R U ARY 2023
C N B C E C ON OMIC R E P OR T - F E B R U ARY 2023
City Council Regular Meeting - Page 131 of 241
ACTIVITY & PERFORMANCE SUMMARY
FEBRUARY 2023
1
The following is the City’s cash flow and the monthly investment report. The monthly report includes a summary of the City’s
investment portfolio, a monthly review of the investment market as prepared by the investment managers and detailed informati on
on monthly transactions, cash flows and investments by issuer.
FHN Investment Advisors manage the portion of investments not invested by LAIF (State Local Agency Investment Fund). All of the
City’s rated investments were rated “A” or higher by at least two rating agencies on February 2023. The City’s investments comply
with its current investment policy, which emphasizes the safety, liquidity, and return of its investments, allowing the city to meet its
expenditures for the next six months.
The tables below provide key statistics regarding the City’s cash flow and investment portfolio as of February 28, 2023.
Type Balances Held
Cash - US Bank $57,543,118.38
Cash - JPMorgan Chase Bank $8,192,918.66
Local Agency Investment Fund $9,645,805.63
FHN Investment Advisors/BNY $25,833,201.20
TOTAL $101,215,043.87
FHN ACCOUNT SUMMARY
` 28-Feb 31-Jan
Market Value $35,479,007 $35,581,041
Book Value $$36,718,168 $36,579,546
Variance (1,239,161) (998,505)
Par Value $36,786,688 $36,591,950
Net Asset Value $96.63 $97.27
Book Yield 2.56% 2.47%
Market Yield 3.88% 3.90%
Years to Maturity 1.54 1.62
Effective Duration 1.39 1.35
PORTFOLIO SUMMARY
Market Book % of
Investments Par Value Value Value Portfolio
Certificate of Deposits 4,421,000.00 4,209,148.04 4,419,769.18 12.04%
Commercial Paper 500,000.00 491,544.00 491,923.82 1.34%
Corporate Bonds 3,500,000.00 3,364,930.00 3,489,164.65 9.50%
LAIF 9,645,805.63 9,645,805.63 9,645,805.63 26.27%
Money Market Funds 2,779,881.97 2,779,881.97 2,779,881.97 7.57%
US Agencies 9,440,000.00 8,983,282.20 9,392,941.71 25.58%
U.S. Treasuries 6,500,000.00 6,004,415.00 6,498,680.73 17.70%
36,786,687.60 35,479,006.84 36,718,167.69 100.00%
City Council Regular Meeting - Page 132 of 241
ACTIVITY & PERFORMANCE SUMMARY
FEBRUARY 2023
2
INVESTMENT POLICY COMPLIANCE
% %
Company Book Value of
Portfolio
Allowed by
Policy
US Treasuries 6,498,680.73 17.70% 100%
US Federal Agencies 9,392,941.71 25.58% 100%
Supranational Obligations $0.00 0% 30%
LAIF 9,645,805.63 26.27% 75%
Commercial Paper 491,923.82 1.34% 25%
Money Market Funds 2,779,881.97 7.57% 20%
Negotiable Certificates of Deposit 4,419,769.18 12.04% 30%
Corporate Obligations 3,489,164.65 9.50% 30%
State and Local Governments $0.00 0% 100%
Total 36,718,167.69 100.00%
FHN INCOME EARNED SUMMARY
February FY to Date
Month End
INTEREST
Interest Received/Purchased. 126,007.42 409,627.33
Plus Accrued Interest at End of Period 96,856.15 96,856.15
Less Accrued Interest at Beginning of Period -173,307.07 -74,680.06
Interest Earned During Period 49,556.50 431,803.42
Total Adjustments for Amortization/Accretion 5,544.68 37,250.76
Total Capital Gains or Losses 0 0
Total Earnings During Period 55,101.18 469,054.18
PURCHASES & MATURITIES
22-
Jul
22-
Aug
22-
Sep
22-
Oct
22-
Nov
22-
Dec
23-
Jan
28-
Feb
Purchases 3 14 1 2 1 0 0 1
Redemptions 1 2 0 1 1 0 2 4
Total 4 16 1 3 2 0 2 5
City Council Regular Meeting - Page 133 of 241
Disclaimer is on the last page of this report.
MARCH 2, 2023
Tightening Expectations Move Upward
Accelerating inflation and signs of an overheating economy in February
reinvigorated Fed tightening expectations. The labor market is historically
tight, reaching a 60-year low unemployment rate in January and adding 517k
jobs. Consumer spending shows further resilience despite rising interest rates
and elevated inflation. Extra noise from January seasonal adjustments and
bad December weather complicate understanding actual economic strength,
but for now the Fed believes it can keep raising rates to fight inflation without
causing significant economic pain.
The debt ceiling issue lingers, with the latest “X-date” estimates sometime
this summer. One year into Russia’s invasion of Ukraine, food and energy
commodities have stabilized, but potential escalation poses global economic
risks. Markets now price in a terminal rate above 5.5% after expectations for 5%
as recently as January. The S&P 500 fell 2.6% on the month and the 10-year UST
yield rose 41bp.
Core services ex-shelter, the Fed’s latest preferred inflation measure, is
increasing too quickly and showing little evidence of slowing down. This
“supercore” is meant to measure underlying inflation once noisier inflation
from supply chain disruptions and volatile energy prices stabilize.
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
PCE Core Services ex-shelter
Supercore ticked up in Jan; but not enough to lift the 3-mo avg
Core Serv ex Housing
3 per. Mov. Avg. (Core Serv ex Housing)
Source: Bureau of Economic Analysis and FHN Financial
4.70%
4.80%
4.90%
5.00%
5.10%
5.20%
5.30%
5.40%
Dec 01 Dec 16 Dec 31 Jan 15 Jan 30 Feb 14 Mar 01
Rising July Fed Funds Expectations
Based on fed funds futures contracts for July 2023
Source: Chicago Board of Trade, FHN Financial
Market expectations for the July average fed funds rate — after the June
meeting — rose significantly throughout February. The strong January
employment report started the upward trend before two hot inflation reports
validated Fed communication that rates would have to continue higher.
3.0%
5.0%
7.0%
9.0%
11.0%
13.0%
15.0%
1990 1994 1998 2002 2006 2010 2014 2018 2022
Unemployment Rate Fell to 1967 Low
Source: Bureau of Labor Statistics
Inflation-adjusted retail sales climbed 2.4% in January following two weak
months. January data are particulary susceptible to seasonal adjustment
quirks, meaning February and March could revert to a cooler trend.
Nonetheless, enough economic indicators are suggesting robust economic
growth, eclipsing any potential Fed concerns it has overtightened.
The January unemployment rate fell to its lowest since 1967, underscoring
labor market tightness the Fed believes elevates wage pressures that get
passed on to higher consumer prices. After nearly a year of Fed tightening,
the labor market is showing no meaningful signs of cooling.
-1.0%
-0.5%
0.0%
0.5%
1.0%
1.5%
2.0%
2.5%
Jan '22 Mar '22 May '22 Jul '22 Sep '22 Nov '22 Jan '23
Real Retail Sales
Component-Specific Deflators, Monthly Changes
Source:Census Bureau, Bureau of Labor Statistics, FHN Financial
MONTH IN REVIEW: FEBRUARY 2023
ECONOMICS
Chris Low
Chief Economist
212.418.7909
chris.low@fhnfinancial.com
Sophia Kearney-Lederman
Senior Economist
212.418.7966
sophia.kearney.lederman@fhnfinancial.com
Will Compernolle
Macro Strategist
212.418.5056
will.compernolle@fhnfinancial.com
City Council Regular Meeting - Page 134 of 241
Page 2 of 4
MONTH IN REVIEW | FEBRUARY 2023
Market-Moving Events: 10-Year Treasury
3.30%
3.40%
3.50%
3.60%
3.70%
3.80%
3.90%
4.00%
1-Feb 8-Feb 15-Feb 22-Feb
10
-Ye
a
r
Y
i
e
l
d
February 2023
Legend
Yield up
Daily high
Close
Open
Daily Low
Yield down
Daily high
Open
Close
Daily Low
2/10: Russia announces
500k bpd oil production
cut in March
2/15: Jan Retail Sales
surge 3.0%
2/14: Jan CPI +0.5%
m/m; Core +0.4%
2/1: Fed hikes 25bp, Powell dismisses
divergence btw Fed
and markets
2/28: Supreme Court
appears poised to overturn
student loan forgiveness
2/3: Payrolls +517k; unemp.rate drops to
60-year low 3.4%
2/7: Powell says
further rate increases
are needed
2/23: Q4 GDP revisions
suggest weak underlying growth
2/21: Preliminary PMIs
surprise to the upside
City Council Regular Meeting - Page 135 of 241
Page 3 of 4
MONTH IN REVIEW | FEBRUARY 2023
Market-Moving Events: S&P 500
3900
3950
4000
4050
4100
4150
4200
1-Feb 8-Feb 15-Feb 22-Feb
S&
P
5
0
0
February 2023
LegendRally
Daily high
Close
Open
Daily Low
Selloff
Daily high
Open
Close
Daily Low
2/9: Fed's Barkin
emphasizes need to
keep raising rates
2/3: Fed's Daly says
strong employmentreport could mean more
rate hikes
2/1: Fed hikes 25bp,
markets interpret Powell's
weak pushback against
optimists as dovish
2/21: Walmart,Home Depot
report weak forecasts
2/13: WTI falls below $80
as Biden admin announces more SPR
selling
2/16: Bullard and
Mester say they
favored 50bp Feb hike
2/23: Netflix,Dominos fall
on deteriorating outlook
City Council Regular Meeting - Page 136 of 241
Page 4 of 4
MONTH IN REVIEW | FEBRUARY 2023
Air travel is approaching pre-pandemic levels as Covid risks fade from public
consciousness, according to TSA traveler checkpoint data. But sustained
increases in remote work have halved New York City subway ridership compared
with February 2020.
Light vehicle sales surged in January before a slight February dip, but domestic
auto production has been on a steady downward trend since August last year.
Lower future production will elevate auto prices and lead to less disinflation than is
currently priced in to market expectations.
Spreads between FX-hedged 5-year Treasury yields and 5-year Bund yields widened
through 2022 as energy shortage worries rattled European inflation expectations.
Once the winter passed and the ECB kept pace with Fed tightening, spreads
narrowed.
Months of encouraging inflation data in Q4 2022 initially drove hopes for an impending
conclusion to the Fed tightening cycle. But, after seasonal adjustment revisions, CPI
inflation was comparatively higher in the second half of 2022, dashing hopes that an
end to Fed tightening was in sight.
-200
-150
-100
-50
0
50
100
150
2013-2014 2016-2017 2019-2020 2022-2023
Fluctuating Heating Degree Days
Index measuring heating intensity needed, deviation from 2000-2023 trend
December January
Source: National Oceanic and Atmospheric Administration, FHN Financial
20
30
40
50
60
70
80
Jan '22 May '22 Sep '22 Jan '23
5-Year Treasury Yields and 5-Year Bund Yields
Spread hedged from dollars into euros, basis points
Source: Bloomberg, FHN Financial
0k
50k
100k
150k
200k
250k
0m
4m
8m
12m
16m
20m
2019 2020 2021 2022 2023
Auto Sales Rebounding, Production Struggles
Light Vehicle Sales, SAAR, millions (right)
Domestic Auto Production, Thousands (left)
Source: Ward's Automotive Group, Bureau of Economic Analysis
250k
500k
750k
1000k
1250k
1500k
3.0m
4.0m
5.0m
6.0m
7.0m
8.0m
2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022
New & Existing Home Sales
Seasonally Adjusted Annualized Pace
Existing home sales (left)
New home sales (right)
Source: Census Bureau, Nat'l Association of Realtors
An unusually warm January 2023 followed an unusually cold December 2022,
contributing to January rebounds across diverse sets of economic data. These
months’ deviation from the 2000-2023 trend for Heating Degree Days, an index
from the NOAA measuring population-adjusted heating intensity needed, were
the opposite of the same two months the previous winter
While rising mortgage rates and elevated home prices have discouraged housing
demand, low-rate mortgages from early-pandemic have frozen would-be sellers
and cratered housing inventories. Existing home sales have fallen below May 2020
cycle lows while new home sales have fallen close to the peak of the last cycle.
Although this information has been obtained from sources which we believe to be reliable, we do not guarantee its accuracy, and it may be incomplete or condensed. This is for informational purposes only and is not intended as an offer
or solicitation with respect to the purchase or sale of any security. All herein listed securities are subject to availability and change in price. Past performance is not indicative of future results, and changes in any assumptions may have a
material effect on projected results. Ratings on all securities are subject to change.
FHN Financial Capital Markets, FHN Financial Portfolio Advisors, and FHN Financial Municipal Advisors are divisions of First Horizon Bank. FHN Financial Securities Corp., FHN Financial Main Street Advisors, LLC, and FHN Financial Capital
Assets Corp. are wholly owned subsidiaries of First Horizon Bank. FHN Financial Securities Corp. is a member of FINRA and SIPC — http://www.sipc.org/.
FHN Financial Municipal Advisors is a registered municipal advisor. FHN Financial Portfolio Advisors is a portfolio manager operating under the trust powers of First Horizon Bank. FHN Financial Main Street Advisors, LLC is a registered
investment advisor. None of the other FHN entities, including FHN Financial Capital Markets, FHN Financial Securities Corp., or FHN Financial Capital Assets Corp. are acting as your advisor, and none owe a fiduciary duty under the
securities laws to you, any municipal entity, or any obligated person with respect to, among other things, the information and material contained in this communication. Instead, these FHN entities are acting for their own interests. You
should discuss any information or material contained in this communication with any and all internal or external advisors and experts that you deem appropriate before acting on this information or material.
FHN Financial, through First Horizon Bank or its affiliates, offers investment products and services. Investment products are not FDIC insured, have no bank guarantee, and may lose value.
Data Watch: Key Economic Indicators
0k
500k
1,000k
1,500k
2,000k
2,500k
3,000k
0k
1,000k
2,000k
3,000k
4,000k
5,000k
6,000k
Feb '19 Feb '20 Feb '21 Feb '22 Feb '23
Pre-Pandemic Travel Returns, NYC Commutes Do Not
Thousands, 30-day trailing averages
MTA Turnstile Entries (right)
TSA Checkpoints (left)
Source: Metropolitan Transit Authority, Transportation Security Administration, FHN Financial
-0.2%
-0.1%
0.0%
0.1%
0.2%
0.3%
0.4%
0.5%
0.6%
Jul-22 Sep-22 Nov-22 Jan-23
Hu
n
d
r
e
d
s
New Seasonal Adjustments Tweak CPI Narrative
Monthly Changes, Consumer Price Index
Prior Revised
Source: Bureau of Labor Statistics, Bloomberg
City Council Regular Meeting - Page 137 of 241
CNBC February Economic Report
KEY POINTS
Nonfarm payrolls rose by 311,000 in February, above the 225,000 Dow Jones estimate.
The unemployment rate increased to 3.6%, above expectations.
Average hourly earnings climbed 4.6% from a year ago, less than expected, in a positive sign
for inflation.
Leisure and hospitality, retail, and government led job creation by sector.
Job creation decelerated in February but was still stronger than expected despite the
Federal Reserve’s efforts to slow the economy and bring down inflation.
Nonfarm payrolls rose by 311,000 for the month, the Labor Department reported
Friday. That was above the 225,000 Dow Jones estimate and a sign that the
employment market is still hot.
The unemployment rate rose to 3.6%, above the expectation for 3.4%, amid a tick
higher in the labor force participation rate to 62.5%, its highest level since March 2020.
The survey of households, which the Bureau of Labor Statistics uses to compute the
unemployment rate, showed a smaller 177,000 increase. A more encompassing
unemployment measure that includes discouraged workers and those holding part-
time jobs for economic reasons rose to 6.8%, an increase of 0.2 percentage point.
There also was some good news on the inflation side, as average hourly earnings
climbed 4.6% from a year ago, below the estimate for 4.8%. The monthly increase of
0.2% also was below the 0.4% estimate.
Though the jobs number was stronger than expectations, February’s growth
represented a deceleration from an unusually strong January. The year opened with a
nonfarm payrolls gain of 504,000, a total that was revised down only slightly from the
initially reported 517,000. December’s total also was taken down slightly, to 239,000,
a decrease of 21,000 from the previous estimate.
Stocks were mixed after the release, while Treasury yields were mostly lower.
The jobs report likely keeps the Fed on track on raise interest rates when it meets
again March 21-22. But traders priced in less of a chance that the central bank will
accelerate to a 0.5 percentage point increase, dropping the likelihood to 48.4%, or
about a coin flip, according to a CME Group estimate.
City Council Regular Meeting - Page 138 of 241
CNBC February Economic Report
Leisure and hospitality led employment gains, with an increase of 105,000, about in
line with the six-month average of 91,000. Retail saw a gain of 50,000. Government
added 46,000, and professional and business services saw an increase of 45,000.
But information-related jobs declined 25,000, while transportation and warehousing
lost 22,000 jobs for the month.
The jobs report comes at a critical time for the U.S. economy, and consequently for
Fed policymakers.
Over the past year, the central bank has raised its benchmark interest rate eight times,
taking the federal funds rate to a range of 4.5%-4.75%.
As inflation data appeared to cool toward the end of 2022, markets expected the Fed
in turn to slow the pace of its rate hikes. That happened in February, when the Federal
Open Market Committee approved a 0.25 percentage point increase and indicated
that smaller hikes would be the case going forward.
However, Fed Chairman Jerome Powell this week told Congress that recent metrics
show inflation is back on the rise, and if that continues to be the case, he expects rates
to increase to a higher level than previously expected. Powell specifically noted the
“extremely tight” labor market as a reason why rates are likely to continue rising and
stay elevated.
He also indicated that the increases could be higher than the February hike.
Though Powell emphasized that no decision has been made for the March FOMC
meeting, markets recoiled at his comments. Stocks sold off sharply, and a gulf between
2- and 10-year Treasury yields widened, a phenomenon known as an inverted yield
curve that has preceded all post-World War II recessions.
City Council Regular Meeting - Page 139 of 241
A genda Item # 13.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Mark F lores, D irector of Recreation & C ommuni ty S ervices
J ose Trejo, D eputy D irector of Recreation & C ommunity S ervices
S U B J E C T: S E NIO R C ONG R E GATE A N D HO M E D E L IV E RE D M E A L S S E RV IC E
Recommendation:
Staff recommends that the C ity C ouncil adopt the accompanying res olution entitled, “A R E S O LUT IO N O F T HE C IT Y
C O UNC IL O F T HE C IT Y O F LYNW O O D AUT HO R IZING T HE C IT Y MANAGE R TO E XE C UTE A F O UR -YE AR
AGR E E ME NT W ITH HUMAN S E RVIC E S AS S O C IAT IO N F O R T HE C IT Y’S S E NIO R NUT R IT IO N ME AL
P R O GR AM.”
Background:
S ince the inception of the S enior Nutrition Meals P rogram, the C ity of Lynwood - through contracted servi ce
providers - has provided congregate and home-delivered meals to seniors over the age of 60. Thi s program is
financed with F ederal Older A mericans A ct (OA A ) grant funds recei ved from the C alifornia D epartment of A gi ng
(C D A ). Under thi s program, over 25,000 hot, nutritious lunches are prepared, delivered and served annually to
Lynwood seniors. C ongregate meals are served in the di ni ng room at the S enior C enter and home deli vered
meals are provided to home-bound seniors in Lynwood. Human S ervices A ssociati on (HS A ), is currently
providing that service, five days per week, Monday through F riday. A pproximately 6,500 congregate meals and
19,000 home deli vered meals were served during F Y 2021-2022. The C ity’s contract with HS A expired on J une
30, 2022.
Discussion and Analysis:
The C ity is able to contract with county-approved agenci es who receive grant monies from the F ederal Older
A mericans A ct to provide congregate and/or home-delivered meal services. These grant funds supplement the
cost for food used in meals served under the OA A , and the award of funds i s based on the number of meals
served. The city currently pays $1.25 per meal. The program offers seniors the opportunity to contribute towards
the program by paying a suggested donation of $2.25 per meal. HS A does not deny service to anyone that is not
able to pay the suggested donation. HS A’s actual cost per meal provided is approximately $9.50. The cost
City Council Regular Meeting - Page 140 of 241
difference i s made up through fundraising efforts and rei mbursement grants from the F ederal Older A meri cans
A ct.
C ity of Lynwood’s P urchasing Ordinance requires that contracts for professional/special services in excess of
F ifty-Thousand ($50,000) D ollars receive approval of the C ity C ouncil, per Lynwood Municipal C ode 6-3.7. S taff
is requesti ng the C ity C ouncil approve a four-year agreement with H S A , the C ity’s provider for the past 15 years.
The positive feedback from seni ors on the quality of the servi ce over the years, reinforced the need for staff to
continue to utilize H S A for its senior meal program. The total contract value is $160,000 for the four-year contract
term. The proposed contract period of four-years aligns with the award provided by L os A ngeles C ounty to HS A
for meals servi ces under the OA A grant funds.
Fiscal Impact:
The action being requested in this item does not have an additional F iscal Impact. F unding for the senior nutri ti on
program is included in the F Y 2022-2023 budget. If approved, appropriate funding to support this program will be
included in future budgets for this expense.
Coordinated With:
F inance D epartment
C ity A ttorney’s Office
AT TAC H ME N T S:
Description
Resolution - Senior Meals Program Contract 2022-2026
Original Agreement with H SA
First Amendment to Original Contract
P S A Template
Scope of Work
City Council Regular Meeting - Page 141 of 241
RESOLUTION No.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO EXECUTE A FOUR-YEAR AGREEMENT
WITH HUMAN SERVICES ASSOCIATION FOR THE CITY’S SENIOR NUTRITION
MEAL PROGRAM
WHEREAS, meeting the nutrition needs of older Americans is a significant means
of maintaining health and wellness in our senior citizen population; and
WHEREAS, the City of Lynwood desires to continue to provide congregate and
home-delivered meals at noon-time, Monday through Friday at the Lynwood Senior
Center and to home-bound, elderly adults; and
WHEREAS, the City’s Senior Nutrition Meals Program current annual cost is
approximately $40,000; and
WHEREAS, on June 16, 2021 the City Council approved an agreement with
Human Services Association (HSA), to provide congregate meals and home delivered
meals for the Senior Nutrition Program; and
WHEREAS, the term of this agreement was for a one-year period from July 1,
2021 to June 30, 2022; and
WHEREAS, said agreement expired on June 30, 2022; and a new agreement is
needed to continue services for the City’s Senior Nutrition Meals Program; and
WHEREAS, the City and HSA agree to a new contract backdated to July 1, 2022
for a total contract term of July 1, 2022 through June 30, 2026, for an estimated annual
total contract not-to-exceed $40,000, with the terms and conditions of the original
contract; and
WHEREAS, the City of Lynwood’s Purchasing Ordinance requires that contracts
for professional/special services in excess of Fifty- Thousand ($50,000) Dollars receive
approval of the City Council, per Lynwood Municipal Code 6-3.7; and
WHEREAS, the senior nutritional meals program will be paid with funds
appropriated in the current Fiscal Year 2022/2023 Budget and subsequent Fiscal Year
Budgets designated for these services.
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.
City Council Regular Meeting - Page 142 of 241
Section 2. That the City Manager is authorized to execute a four -year agreement
commencing July 1, 2022 for the term of July 1, 2022 through June 30,
2026, with the terms and conditions of the previous contract with Human
Services Association, valued at a total not-to-exceed $40,000 per year, in a
form approved by the City Attorney.
Section 4. That this resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 21st day of March, 2023.
____________________________
Oscar Flores, 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 143 of 241
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 21st day of March, 2023
and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez
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 21st day of March, 2023.
Maria Quinonez
City Clerk, City of Lynwood
City Council Regular Meeting - Page 144 of 241
Professional Services Agreement No. 2018.120 – Human Services Association
1
SENIOR NUTRITION MEAL PROGRAM
AGREEMENT
This agreement (“Agreement”) is made as of July 17, 2018 by and between the City of
Lynwood, a municipal corporation ("City") and Human Services Association, a private non-
profit agency (“Contractor”) with its principal place of business at 6800 Florence Avenue, Bell
Gardens, California 90201. City and Contractor are sometimes hereinafter individually referred
to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, the City has consistently offered its senior citizens a nutritional meals
program consisting of congregate meals and home delivered meals pursuant to the provisions of
the Older Americans Act (OAA) and the Older Californians Act (OCA);
WHEREAS, the City has historically provided certain said services through a non-profit
agency that has been approved by the Los Angeles County Community and Senior Services
(CSS) to provide Elderly Nutrition Programs (ENP) with Federal and State grant funds; and
WHEREAS, the City desires to utilize the services of Contractor to provide meal
services for the City’s senior nutrition meals program (hereinafter referred to as “Program”) that
would utilize Federal and State funds to provide said services; and
WHEREAS, Contractor warrants that it possesses the competence, expertise and
personnel necessary to provide such services; and
WHEREAS, on July 17, 2018, the Lynwood City Council authorized the City Manager,
or designee, to enter, execute and administer this Contract.
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contained, the parties hereto agree as follows:
1. Meals Provider Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Contractor are as described in Exhibit A.
B. Time of Performance. Contractor shall complete the specific services according to
the schedule of performance which is also set forth in Exhibit A.
2. Term of Agreement. This Agreement shall commence on July 3, 2018 (the
“Commencement Date”) and shall terminate on June 30, 2020 (the “Termination Date”), unless
sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Contractor for services under this Agreement in
compliance with the schedule set forth in Exhibit A. Payment will be made only after
City Council Regular Meeting - Page 145 of 241
Professional Services Agreement No. 2018.120 – Human Services Association
2
submission of proper monthly invoices in the form and manner specified by City. Each invoice
shall include a breakdown of all monthly services performed together with the total number of
meals served.
B. The maximum amount of this Contract is $80,000 for the two-year period running
through June 30, 2020. The total maximum amount is conditioned on the continuing availability
of funds or the amount budgeted by the City Council for such meal services in any applicable
fiscal year of the City during the life of this Agreement.
Contractor shall not exceed each year’s annual budgeted amount and shall not roll-over unspent
money to the following fiscal year. The maximum contract amount for each year shall be as
follows:
Period Amount
Year 1: July 3, 2018 – July 16, 2019 $40,000
Year 2: July 17, 2019 – June 30, 2020 $40,000
Entire Cost of Services under this
Agreement shall not exceed: $80,000
4. General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between
the General Terms and Conditions and any other exhibit to this Agreement, the General Terms
and Conditions shall control unless it is clear from the context that both parties intend the
provisions of the other exhibit(s) to control.
5. Addresses.
City
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Mr. Jose Ometeotl, City Manager
Contractor
Human Services Association
6800 Florence Avenue
Bell Gardens, CA 90201
Attn: Darren Dunaway, Associate Director
6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated
and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Time of Performance (two (2) pages)
Exhibit B – General Terms and Conditions (seven (7) pages)
SIGNATURES ON FOLLOWING PAGE
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Professional Services Agreement No. 2018.120 – Human Services Association
3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
written below.
CITY OF LYNWOOD
By: ______________________________ _________
Jose Luis Solache, Mayor Date
HUMAN SERVICES ASSOCIATION
By: _______________________________ _________
Darren Dunaway, Associate Director Date
ATTEST:
By: ______________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
By: ______________________________
Noel Tapia, City Attorney
APPROVED AS TO CONTENT:
By: ______________________________
Mark Flores, Director
Recreation & Community Services Department
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Consulting Services Agreement – Human Services Association - Exhibit A
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Exhibit A
Scope of Services and Time of Performance
Scope of Work
Contractor will provide congregate and home delivered meals service for the City of Lynwood
senior citizens lunch program. Contractor will abide by all applicable county, state and federal
nutrition regulations pertaining to both congregate and home delivered meal services within the
City of Lynwood.
A site manager shall be provided to supervise food service in the designated City lunch room. An
administrator shall also be provided to work from the company base to ensure compliance of
Contractor obligations to this contract. Both site manager and administrator rates of pay are to be
incurred by Contractor.
Congregate Meals Services shall be provided at the following location: 11329 Ernestine Avenue,
Lynwood, CA 90262.
Home Delivered Meals shall be provided to the names and addresses of program participants
identified to Contractor by the City.
Special Events
The Senior Center holds a variety of special luncheons and special events throughout the year
for seniors in celebration of holiday events and special days. Contractor will work with the
Senior Center Manager to ensure a County approved themed meal in the amount required will
be available for the special luncheons and dinners.
Time of Performance
Congregate Meals Services - Meals service are to be provided Monday through Friday from
11:30 a.m. to 12:30 p.m. Contractor will deliver and setup food services to ensure meals are
ready to serve by the start of the lunch hour. It is the responsibility of Contractor to ensure that
meals are properly prepped and ready to serve by the start of the 11:30 a.m. lunch hour.
Contractor will conduct the daily clean up of the kitchen facility used to serve meals. The facility
should be properly cleaned no later 1:30 p.m.
Home Delivered Meals Services - Meals will be delivered Monday through Friday from 10:30
a.m. to 1:30 p.m. Participants who sign up for home delivered meals services will be notified of
their approximate delivery time upon enrolling in home delivered meals services.
The following holidays are to be excluded from meals services: New Years Day, Martin Luther
King Day, Presidents Day, Cesar Chavez Day, Good Friday, Memorial Day, Independence
Day, Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving Day, and
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Consulting Services Agreement – Human Services Association - Exhibit A
2
Christmas Day.
Cost of Service
Contractor will charge the City for meals in the following manner:
$1.25 per each congregate meal
$1.25 per each home delivered meal
A “Special Event” meal schedule and menu will be provided to the City for the special
luncheons and dinners. City will be charged a flat rate per meal based on specific meal
items and services.
Suggested voluntary donation of $2.25 shall remain in effect through the term of the contract.
Contractor will ask participants to make a voluntary donation however meals will be provided to
participants irrespective of the donation.
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Consulting Services Agreement – Human Services Association Exhibit B
1
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have
control over the conduct of Contractor or any of Contractor’s employees, except as set forth in
this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its
agents or employees are in any manner agents or employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency
regarding the independent contractor status of Contractor and the audit in any way fails to
sustain the validity of a wholly independent contractor relationship between City and Meals
Provider, then Contractor agrees to reimburse City for all costs, including accounting and
attorney's fees, arising out of such audit and any appeals relating thereto.
C. Contractor shall fully comply with the workers' compensation law regarding
Contractor and Contractor’s employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable worker's compensation laws.
City shall have the right to offset against the amount of any fees due to Contractor under this
Agreement any amount due to City from Contractor as a result of Contractor failure to promptly
pay to City any reimbursement or indemnification arising under this Section 1.
2. Standard of Performance.
A. Contractor shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or
his/her designee may from time to time assign additional or different tasks or services to
Contractor, provided such tasks are within the scope of services described in Exhibit A.
However, no additional or different tasks or services shall be performed by Contractor other than
those specified in Exhibit A, or those so assigned in writing to Contractor by the City Manager
or his/her designee.
B. The Recreation & Community Services Department of the City shall, until further
notice to Contractor, administer this Agreement and provide for immediate supervision of the
Contractor with respect to the services to be provided hereunder.
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Consulting Services Agreement – Human Services Association Exhibit B
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3. Indemnification.
A. Contractor is skilled in the professional calling necessary to perform the services and
duties agreed to be performed under this Agreement, and City is relying upon the skill and
knowledge of Contractor to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemnitees") shall have no
liability to Contractor or any other person for, and Contractor shall indemnify, defend, protect
and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes
of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of
whatever nature, including reasonable attorneys' fees and disbursements (collectively
"Claims"), which Indemnitees may suffer or incur or to which Indemnitees may become
subject by reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or other loss occurring as a result of or
allegedly caused by the Contractor’s performance of or failure to perform any services under
this Agreement or by the negligent or willful acts or omissions of Contractor, its agents,
officers, directors, subcontractors, or employees, committed in performing any of the services
under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall
not apply to Claims occurring as a result of the City’s sole negligence or willful acts or
omissions.
C. Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, subconsultant or
any other person or entity involved by, for, with or on behalf of Contractor in the performance
of this Agreement. In the event Contractor fails to obtain such indemnity obligations from
others as required in this Section, Contractor agrees to be fully responsible according to the
terms of this Section. Failure of the City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall
survive the termination of this Agreement and is in addition to any rights which City may
have under the law. This indemnity is effective without reference to the existence or
applicability of any insurance coverage which may have been required under this Agreement
or any additional insured endorsements which may extend to City.
4. Insurance.
A. Without limiting Contractor’s indemnification of Indemnitees pursuant to Section
3 of this Agreement, Contractor shall obtain and provide and maintain at its own expense
during the term of this Agreement the types and amounts of insurance as described below:
(i) Commercial General Liability Insurance using Insurance Services Office
Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs
must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than $1,000,000
per occurrence for all covered losses and no less than $2,000,000 general aggregate.
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Consulting Services Agreement – Human Services Association Exhibit B
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(ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described in the preceding subsection. If Contractor or Contractor employees will
use personal autos in any way on this project, Contractor shall provide evidence of
personal auto liability coverage for each such person.
(iii) Workers’ Compensation insurance on a state approved policy form providing
statutory benefits as required by law with employer’s liability limits no less than
$1,000,000 per accident for all covered losses.
(iv) Professional Liability or Errors and Omissions Insurance as appropriate to the
profession, written on policy form coverage specifically designed to protect against acts,
errors or omissions of the Contractor and “Covered Professional Services” as designated
in the policy must specifically include work performed under this Agreement. The
policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy
must “pay on behalf of” the insured and must include a provision establishing the
insurer’s duty to defend. The policy retroactive date shall be on or before the effective
date of this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional
insured’s on the policy (ies) as to commercial general liability and automotive liability.
C. All insurance procured pursuant to these requirements shall be written by insurers that
are admitted carriers in the state of California with a Best’s rating of no less than A:VII.
D. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insured’s to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) days prior written notice thereof. Any such thirty (30) day notice shall be submitted to
CITY via certified mail, return receipt requested, addressed to “Risk Manager,” City of
Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Contractor agrees that it will not
cancel, reduce or otherwise modify said insurance coverage.
E. Contractor shall submit to City (i) insurance certificates indicating compliance with
the minimum worker's compensation insurance requirements above, and (ii) insurance policy
endorsements indicating compliance with all other minimum insurance requirements above,
not less that one (1) day prior to beginning of performance under this Agreement.
Endorsements shall be executed on City’s appropriate standard forms entitled "Additional
Insured Endorsement."
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Consulting Services Agreement – Human Services Association Exhibit B
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F. Contractor’s insurance shall be primary as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees and volunteers shall be excess of the Contractor’s insurance and
shall not contribute with it.
G. Contractor agrees that if it does not keep the aforementioned said insurance in full
force and effect, and such insurance is available at a reasonable cost, City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an
obligation of Contractor’s and the cost of such insurance may be deducted, at the option of City,
from payments due to Contractor.
5. Confidentiality. Contractor in the course of its duties may have access to confidential
data of City, private individuals, or employees of the City. Contractor covenants that all data,
documents, discussion, or other information developed or received by Contractor or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Contractor
without written authorization by City. City shall grant such authorization if disclosure is
required by law. All City data shall be returned to City upon the termination of this Agreement.
Contractor’s covenant under this section shall survive the termination of this Agreement.
6. Ownership of Work Product. All reports, documents or other written material
developed by Contractor in the performance of this Agreement shall be and remain the property
of City without restriction or limitation upon its use or dissemination by City. Such material
shall not be the subject of a copyright application by Contractor.
7. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Contractor
under this Agreement, or which would conflict in any manner with the performance of its
services hereunder. Contractor further covenants that, in performance of this Agreement, no
person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the
appearance of having any interest which would conflict in any manner with the performance of
its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of
this Agreement, or the services that may be procured by the City as a result of the
recommendations made by Contractor. Contractor’s covenant under this section shall survive
the termination of this Agreement.
8. Termination. City may terminate this Agreement with or without cause upon thirty (30)
days' written notice to Contractor. The effective date of termination shall be upon the date
specified in the notice of termination. Contractor agrees that in the event of such termination,
City’s obligation to pay Contractor shall be limited to payment only for those services
satisfactorily rendered prior to the effective date of termination. Immediately upon receiving
written notice of termination, Contractor shall discontinue performing services, preserve the
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Consulting Services Agreement – Human Services Association Exhibit B
5
product of the services, and turn over to City the product of the services in accordance with
written instruction of City.
9. Personnel. Contractor represents that it has, or will secure at its own expense, all
personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Contractor or under its supervision, and all personnel
engaged in the work shall be qualified to perform such services. Contractor reserves the right to
determine the assignment of its own employees to the performance of Contractor services under
this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any
employee from performing services on City's premises.
10. Financial Condition. Prior to entering into this Agreement, Contractor has submitted
documentation acceptable to the City Manager, establishing that it is financially solvent, such
that it can reasonably be expected to perform the services required by this Agreement. Within
thirty (30) days of the first anniversary of the effective date of this Agreement, and each year
thereafter throughout the term of this Agreement, Contractor shall submit such financial
information as may be appropriate to establish to the satisfaction of the City Manager that
Contractor is in at least as sound a financial position as was the case prior to entering into this
Agreement. Financial information submitted to the City Manager shall be returned to Contractor
after review and shall not be retained by City.
11. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Meals Provider state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
12. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor
the performance of any of Contractor’s obligations hereunder, without the prior written consent
of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or
obligations arising hereunder shall be void and of no effect.
13. Performance Evaluation. For any Agreement in effect for twelve months or longer, the
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Consulting Services Agreement – Human Services Association Exhibit B
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City Manager may require a written annual administrative performance evaluation within ninety
(90) days of the first anniversary of the effective date of this Agreement, and each year thereafter
throughout the term of this Agreement. The work product required by this Agreement shall be
utilized as the basis for review, and any comments or complaints received by City during the
review period, either orally or in writing, shall be considered. If any noncompliance with the
Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternative,
may terminate this Agreement as provided herein.
14. Compliance with Laws. Contractor shall keep itself informed of state, federal and local
laws, ordinances, codes and regulations which in any manner affect those employed by it or in
any way affect the performance of its service pursuant to this Agreement. The Contractor shall
at all times comply with such laws, ordinances, codes and regulations. The City, its officers and
employees shall not be liable at law or in equity occasioned by failure of Contractor to comply
with this Section.
15. Licenses. At all times during the term of this Agreement, Contractor shall have in full
force and effect all licenses (including a City business license) required of it by law for
performance of the services hereunder.
16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Contractor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
17. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement,
the prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including reasonable attorney's fees and costs, including costs of expert witnesses and
Contractor.
18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during Meals Provider’s regular
business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the
third business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section.
19. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
20. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the
same instrument.
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Consulting Services Agreement – Human Services Association Exhibit B
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21. Severability. If any provision or any part of any provision of this Agreement is found
to be invalid or unenforceable, the balance of this Agreement shall remain in full force and
effect.
22. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between Contractor and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be amended, nor any provision or breach hereof waived, except in
writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid if signed by the Mayor and attested by the City Clerk.
23. Authority. The person or persons executing this Agreement on behalf of Contractor
warrants and represents that he/she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of [Insert month and date] ____, [Insert
Year] by and between the City of Lynwood, a municipal corporation ("City")
and_______________ (“Consultant”). City and Consultant are sometimes hereinafter
individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent
contractor to [insert brief description of work] as set forth in the Scope of Services
attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such
consulting services by virtue of its experience and the training, education and expertise
of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the
covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on [Insert month and
date], [Insert year] (the “Commencement Date”) and shall remain and continue in effect
until tasks described in Exhibit A are completed, but in no event later than [Insert Date],
unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in
compliance with the schedule set forth in Exhibit A. Consultant shall submit proper
monthly invoices in the form and manner specified by City. Each invoice shall include a
monthly breakdown of all monthly services performed together with the hours spent on
each service. Consultant shall maintain appropriate and necessary documentation
supporting the monthly invoices detailing the type of service provided. It shall be available
for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed
______________________________.
C. If at the request of the City, Consultant is required to incur out of pocket
expenses (including but not limited to, out-of-town travel and lodging) which are above
and beyond the ordinary expenses associated with performance of this Agreement,
Consultant shall be entitled to reimbursement of such expenses. Consultant shall only
be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices;
(II) are accompanied by a copy of the City’s written authorization for Consultant to incur
City Council Regular Meeting - Page 160 of 241
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such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency
between the General Terms and Conditions and any other exhibit to this Agreement, the
General Terms and Conditions shall control unless it is clear from the context that both
parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
Company
[Insert Selected Consulting Firm]
Attn: [Insert Contact Name]
6. Exhibits. All exhibits referred to in this Agreement are listed here and are
incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule
Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________
Oscar Flores, Mayor Date
CONSULTANT
[Insert Consultant Name]
By: _______________________________ ________________________
[Insert Consultant Name] Date
ATTEST:
By: ______________________________ ________________________
Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________
Noel Tapia, City Attorney Date
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EXHIBIT A
SCOPE OF WORK
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EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on
behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither
the City of Lynwood nor any of its agents shall have control over the conduct of Consultant
or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its agents or employees are
in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interests asserted against City by reason of the independent
Consultant relationship created by this Agreement. In the event that City is audited by
any Federal or State agency regarding the independent status of Consultant and the audit
in any way fails to sustain the validity of a wholly independent Consultant relationship
between City and Consultant, then Consultant agrees to reimburse City for all costs,
including accounting and attorney's fees, arising out of such audit and any appeals
relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold
City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result
of Consultant’s failure to promptly pay to City any reimbursement or indemnification
arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s
representations, that Consultant shall serve solely in the capacity of an independent
contractor to the City. Neither the City nor any of its agents will have control over the
conduct of Consultant or any of Consultant’s employees, except as otherwise set forth
in the Agreement. Consultant may not, at any time or in any manner, represent that it
or any of its agents or employees are in any manner agents or employees of the
City. The City has no duty, obligation, or responsibility to the Consultant’s agents or
employees, including the Affordable Care Act coverage requirements. Consultant is
solely responsible for any tax penalties associated with the failure to offer affordable
coverage to its agents and employees under the Affordable Care Act with respect to
Consultant’s agents and employees. Consultant warrants and represents that the City
will not be responsible and will not be held liable for issues related to Consultant’s
status as an independent contractor, including Consultant’s failure to comply with
Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and
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2
all taxes, claims, and penalties against the City related to Consultant’s obligations
under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the City Manager or his/her designee. No additional
or different tasks or services shall be performed by Consultant other than those specified
in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the
services and duties agreed to be performed under this Agreement, and City is relying
upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers,
agents, employees and volunteers (individually and collectively, "Indemnities") shall
have no liability to Consultant or any other person for, and Consultant shall indemnify,
defend, protect and hold harmless Indemnities from and against, any and all liabilities,
claims, actions, causes of action, proceedings, suits, damages, judgments, liens,
levies, costs and expenses of whatever nature, including reasonable attorneys' fees
and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to
which Indemnities may become subject by reason of or arising out of any injury to or
death of any person(s), damage to property, loss of use of property, economic loss or
other loss occurring as a result of or allegedly caused by Consultant’s performance of
or failure to perform any services under this Agreement or by the negligent or willful
acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub
consultant or employees, committed in performing any of the services under this
Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not
apply to Claims occurring as a result of the City’s sole negligence or willful acts or
omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, sub
consultant or any other person or entity involved by, for, with or on behalf of Consultant
in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required in this Section, Consultant agrees to be
fully responsible according to the terms of this Section. Failure of the City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way serve as a waiver of any rights hereunder. This obligation to indemnify and
defend Indemnities as set forth herein shall survive the termination of this Agreement
and is in addition to any rights which City may have under the law. This indemnity is
effective without reference to the existence or applicability of any insurance coverage
which may have been required under this Agreement or any additional insured
endorsements which may extend to City.
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4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to
Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its
own expense during the term of this Agreement the types and amounts of insurance
as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with
coverage at least as broad as Insurance Services Office Commercial General
Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence,
$4,000,000 general aggregate, for bodily injury, personal injury, and property
damage. Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. The
policy must include contractual liability that has not been amended. Any
endorsement restricting standard ISO “insured contract” language will not be
accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto
Coverage Form CA 00 01 covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with Work to be
performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory
Limits) and Employer’s Liability Insurance with on a state approved policy form
providing statutory benefits as required by law with employer’s liability limits no
less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions
Insurance that covers the services to be performed in connection with this
Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three (3) years after completion of the
services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as
additional insureds on the policy(ies) as to commercial general liability and automotive
liability.
C. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance or is on the
List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved
by the City’s Risk Manager.
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D. All insurance policies shall provide that the insurance coverage shall not be
non-renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice
shall be submitted to CITY via certified mail, return receipt requested, addressed to
“Director of Human Resources & Risk Management ,” City of Lynwood, 11330 Bullis
Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or
otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (II)
insurance policy endorsements indicating compliance with all other minimum insurance
requirements above, not less than one (1) day prior to beginning of performance under
this Agreement. Endorsements shall be executed on City’s appropriate standard forms
entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees and volunteers shall be excess of Consultant’s
insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force
and effect, and such insurance is available at a reasonable cost. City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be
deemed an obligation of Consultant’s and the cost of such insurance may be deducted,
at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data
of City, private individuals, or employees of the City. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or
provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon
the termination of this Agreement. Consultant, its officers, employees, agents, or
subconsultants, shall not without written authorization from the City Manager, voluntarily
provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this Agreement
or relating to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives City notice of
such court order or subpoena. Consultant’s covenant under this section shall survive the
termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers,
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employees, agents, or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition,
hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to
provide the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by the City that
relate to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of the City or its designees at reasonable
times to such books and records; shall give the City the right to examine and audit said
books and records; shall permit the City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services
to be performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused, or otherwise disposed of by the City without the permission
of the Consultant. With respect to computer files, Consultant shall make available to
the City, at the Consultant's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance
of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
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otherwise, to or from the ultimate vendor(s) of services to City as a result of the
performance of this Agreement, or the services that may be procured by the City as a
result of the recommendations made by Consultant’s covenants under this section shall
survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly
terminated at any time by the City at its sole discretion with or without cause by serving
upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Unless expressly agreed upon in
writing by the City, the City shall not be obligated to pay for any services rendered nor
any costs or expenses paid or incurred after the date of termination. The effective date of
termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City
its prorated share, except for services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written Notice of Termination, Consultant shall
discontinue performing services, preserve the product of the services and upon payment
for services, turn over to City the product of the services in accordance with written
instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Consultant the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Consultant or under its supervision,
and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the
performance of Consultant’s services under this Agreement, but City reserves the right,
for good cause, to require Consultant to exclude any employee from performing services
on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by
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or on behalf of Consultant state either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard
commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to assign this Agreement or
any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or
longer, the City Manager may require a written annual administrative performance
evaluation within ninety (90) days of the first anniversary of the effective date of this
Agreement, and each year thereafter throughout the term of this Agreement. The work
product required by this Agreement shall be utilized as the basis for review, and any
comments or complaints received by City during the review period, either orally or in
writing, shall be considered. City shall meet with Consultant prior to preparing the written
report. If any noncompliance with the Agreement is found, City may direct Consultant to
correct the inadequacies, or, in the alternative, may terminate this Agreement as provided
herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal
and Local laws, ordinances, codes and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this
Agreement. Consultant shall at all times comply with such laws, ordinances, codes and
regulations. The City, its officers and employees shall not be liable at law or in equity
occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have
in full force and effect all licenses (including a City business license) required of it by law
for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making
by City of any payment to Consultant constitute or be construed as a waiver by City of
any breach of covenant, or any default which may then exist on the part of Consultant,
and the making of any such payment by City shall in no way impair or prejudice any right
or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence
any legal or equitable action or proceeding to enforce or interpret the provisions of this
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Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney's fees and costs, including costs of expert
witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during Consultant
regular business hours or by facsimile before or during Consultant regular business
hours; or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the Parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los
Angeles, State of California. However, the Parties may agree to submit any dispute to
non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute
one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is
found to be invalid or unenforceable, the balance of this Agreement shall remain in full
force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision
or breach hereof waived, except in a writing signed by the Parties which expressly refers
to this Agreement. Amendments on behalf of the City will only be valid if signed by the
Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of
Consultant warrants and represents that he/she has the authority to execute this
Agreement on behalf of Consultant and has the authority to bind Consultant to the
performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this
Agreement shall be suspended if, and to the extent that, the Party is unable to perform
because of any event of Force Majeure. In any such event, the Party unable to perform
shall be required to resume performance of its obligations under this Agreement upon
the termination of the event or cause that excused performance hereunder. “Force
Majeure” herein means an event which is beyond the reasonable control of a Party,
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including without limitation, (a) acts of God including flood, fire, earthquake, hurricane
or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest; (c) government order or law that
prevents either Party from performing its obligations as set forth in this Agreement; (d)
actions, embargoes or blockades in effect on or after the date of this Agreement; (e)
action by any governmental authority that prevents either Party from performing its
obligations as set forth in this Agreement; (f) national or regional emergency; (g)
strikes, labor stoppages or slowdowns or other industrial disturbances, other than
those involving the affected parties employees; (h) shortage of adequate power or
transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance
resulting from or arising out of any Force Majeure event, and no such delay, default in,
or failure of performance shall constitute a breach by either Party hereunder. Where
a Force Majeure event gives rise to a failure or delay in either Party performing its
obligations under this Agreement (other than obligations to make payment), those
obligations will be suspended for the duration of the Force Majeure event. A Party who
becomes aware of a Force Majeure event which gives rise to, or which is likely to give
rise to, any failure or delay in performing its obligations under this Agreement, will
forthwith notify the other and inform the other of the period for which it is estimated that
such failure or delay will continue. The affected Party shall take reasonable steps to
mitigate the effects of the Force Majeure event.
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Exhibit A
Scope of Services and Time of Performance
Scope of Work
Contractor will provide congregate and home delivered meals service for the City of Lynwood senior
citizens lunch program. Contractor will abide by all applicable county, state and federal nutrition
regulations pertaining to both congregate and home delivered meal services within the City of
Lynwood.
A site manager shall be provided to supervise food service in the designated City lunch room. An
administrator shall also be provided to work from the company base to ensure compliance of
Contractor obligations to this contract. Both site manager and administrator rates of pay are to be
incurred by Contractor.
Congregate Meals Services shall be provided at the following location: 11329 Ernestine Avenue,
Lynwood, CA 90262.
Home Delivered Meals shall be provided to the names and addresses of program participants
identified to Contractor by the City.
Time of Performance
Congregate Meals Services - Meals service are to be provided Monday through Friday from 11:30
a.m. to 12:30 p.m. Contractor will deliver and setup food services to ensure meals are ready to serve
by the start of the lunch hour. It is the responsibility of Contractor to ensure that meals are properly
prepped and ready to serve by the start of the 11:30 a.m. lunch hour. Contractor will conduct the
daily clean up of the kitchen facility used to serve meals. The facility should be properly cleaned no
later 1:30 p.m.
Home Delivered Meals Services - Meals will be delivered Monday through Friday from 10:30 a.m. to
1:30 p.m. Participants who sign up for home delivered meals services will be notified of their
approximate delivery time upon enrolling in home delivered meals services.
The following holidays are to be excluded from meals services: New Years Day, Martin Luther King
Day, Presidents Day, Cesar Chavez Day, Good Friday, Memorial Day, Independence Day, Labor
Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving Day, and Christmas Day.
Cost of Service
Contractor will charge the City for meals in the following manner:
$1.25 per each congregate meal
$1.25 per each home delivered meal
Suggested voluntary donation of $2.25 shall remain in effect through the term of the contract.
Contractor will ask participants to make a voluntary donation however meals will be provided to
participants irrespective of the donation.
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A genda Item # 14.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Gabriel L inares, D irector of C ommuni ty D evelopment
S U B J E C T: A P P ROVA L OF S P E C IA L E V E NT P E RMIT-C HRIS TIA NS E N A M US E M E NTS
C A RNIVA L
Recommendation:
S taff recommends that the C ity C ouncil adopt the following resolution entitled, "A R E S O LUT IO N O F T HE
C IT Y C O UNC IL O F T HE C IT Y O F LYNW O O D , C O UNT Y O F L O S ANGE L E S, S TAT E O F C AL IF O R NIA
AP P R O VING T HE C HR IS T IANS E N AMUS E ME NT S C AR NIVAL E VE NT F O R AP R IL 20, 2023 – AP R IL 23, 2023."
Background:
The C ity has received a S pecial E vent P ermit A pplication from C hristiansen A musements C arnival for the
operation of carnival at 3000 E ast Imperial Highway beginning A pril 20, 2023 to A pril 23, 2023. This event will
include a vari ety game booth, rides and food wagon etc. There will be no animal acts at this carnival.
A ccording to C hapter 4 “L icensing and B usiness Regulations” of the Lynwood Municipal C ode, there are a
number of activities that require a “special permi t” from the C ity C ouncil before approval of the S pecial E vent
P ermit A ppli cation. One of those events is a carnival.
E vent S etup: A pri l 17 th - 19th 2023
A ctual E vent: A pri l 20, 2021 through A pril 23, 2023
E vent C leanup: A pril 24, 2023
Discussion and Analysis:
The C ity C ouncil has the right to approve or deny a S pecial P ermit. If a S pecial P ermit i s approved, the C i ty
C ouncil has the right to impose reasonable restrictions or limi tations to preserve public peace, safety/welfare, or
which will tend to protect the life and property of others. The resolution includes the list of restrictions for this
S pecial P ermi t.
In reviewing the S pecial E vent P ermit A pplicati on submitted by C hristiansen A musements C arnival, all requi red
City Council Regular Meeting - Page 174 of 241
documentati on was provided to staff, which is descri bed below. In addition, the application was circulated and
approved by all relevant departments.
· D etailed description of the event (i.e. game booths, rides, food wagon, parking etc)
· D etailed site plan identifying locations of game booths, ri des and parking
· Wri tten permission from the property owner
· F ire D epartment clearance
· S heri ff D epartment clearance
· Insurance policy
· A pplicable building permits (i.e. stage, generators, structures)
· B usi ness license related fees
· B ond
. P ublic Works, National P ollutant D ischarge E limi nation S ystem compliance
. P ublic S afety D ivision compliance for site cleanup and parki ng regulation.
P ursuant to the Master F ee S chedule, C hristiansen A musements C arnival will be required to pay a number of
event fees, which are described below and total $2,466.00 approxi mately.
L icense F ee: $600 ($200 per day 3 days total)
F ire C learance F ee: $255.00 ($85 per day, 3 days total wi th set up and break down)
F illi ng F ee: $30 (flat fee)
B uilding permi ts: $81 - approximately (i.e. generators, tent, ramps, handrails and bleachers)
E xpedite F ees: $1,500 - (flat fee)
P rior to final approval of the S pecial E vent P ermit A pplication, the C ity’s B uilding Inspector will inspect the
facilities for compli ance with all required building permits.
Fiscal Impact:
The total esti mated revenue created by the proposed event i s approxi mately $2,466.00
Coordinated With:
C ity Manager's Offi ce
C ity A ttorney
AT TAC H ME N T S:
Description
Resolution
Attachment A - Special Event Permit Application
City Council Regular Meeting - Page 175 of 241
RESOLUTION NO.-------
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING
THE CHRISTIANSEN AMUSEMENTS CARNIVAL EVENT FOR APRIL
20, 2023 – APRIL 23, 2023
WHEREAS, a request has been made by the Christiansen Amusements Carnival
to operate a carnival on vacant property located at the Southwest Corner of Beechwood
Avenue and State Street, further described as 3000 East Imperial Highway and
Assessor's Parcel Number 6169-003-017; and
WHEREAS, the purpose is to provide a tent show with animals to the residents of
Lynwood.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council approves the special permit to allow Christiansen
Amusements Carnival to operate from April 20, 2023 through April 23, 2023.
Section 2. The City Council further finds that all City and County laws and
regulations must be obeyed and complied with during all activities of the event including
but not limited to the following:
a) The applicant shall have in place, and shall provide to all of it s appropriate
agents and employees, an emergency evacuation plan to be reviewed and
approved for the event by the Los Angeles County Fire Department and Los
Angeles County Sheriff's Department.
b) All exterior carnival area, and the like shall be subject to permit application
and inspection by the Building Division prior to commencement of the event.
All tents and temporary structures shall comply with Chapter 24 of the 2019
International Fire Code. Code requirements for separation of tents and
other structures shall be observed.
c) All temporary power hook-ups or connections shall be approved by the
Building Division prior to commencement of the event.
d) The applicant shall have a sufficient number of restrooms/portable toilet
facilities, in locations that comply with barrier free requirements. All portable
toilet facilities shall be regularly cleaned, and shall remain in a sanitary
condition throughout the entire event, with additional cleanings required
depending on attendance at the event. Temporary wat er supplies shall be
in accordance with Los Angeles County Health Department standards.
City Council Regular Meeting - Page 176 of 241
e) Emergency access to all areas of the property shall be maintained
throughout the entire event.
f) The applicant shall secure from the Building Division the appropriate
occupant load for the facility, including the temporary tent and/or seating
areas. Such occupancy load shall not be exceeded during the event.
g) The Applicant shall post "No Event Parking" signs along the entire length of
Beechwood Avenue, from State Street to Fernwood Avenue. Said signs
shall be posted in locations as determined by the City's Public Safety
Manager from April 17, 2023 through April 23, 2023.
Section 3. This resolution shall be effective immediately upon its adoption.
Section 4. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 21st day of March 2023.
________________________________
Oscar Flores, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________
Noel Tapia, City Attorney Ernie Hernandez, City Manager
City Council Regular Meeting - Page 177 of 241
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
__________, 2023, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quinonez, City Clerk
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 ___________, 2023.
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A genda Item # 15.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: P eter Han, D irector of Technology S ervi ces
S U B J E C T: RE C OMME ND ATIO N TO R E J E C T A L L B ID S F O R TH E C ITYW ID E S U RV E IL L A NC E
C A M E RA , L IC E N S E P L ATE RE A D E R, A ND M OB IL E C A M E RA S YS TE M A ND
INS TA L L ATION
Recommendation:
S taff recommends that the C ity C ouncil adopt the attached resoluti on enti tled: “A RE S OL UTION O F THE C ITY
C O UNC IL O F THE C ITY O F LYNW O OD , RE J E C TING A L L B ID S F O R THE C ITYW ID E S U RV E IL L A NC E
C A M E RA , L IC E NS E P L ATE RE A D E R, A ND MOB IL E C A M E RA S OL UTIO N A ND INS TA L L ATIO N
R E L E A S E D ON O C TOB E R 3, 2022 A ND IS S UING A NE W F ORMA L B ID P RO C E S S F OR C ITYW ID E
S U RV E IL L A NC E C A ME RA S ."
Background:
On October 3, 2022, the C i ty released a Request for P roposals (RF P ) for a citywide surveillance camera, license
plate reader, and mobi le camera soluti on and installation. The C ity received seven bi ds. A fter the bi ds were
received, the C ity identified newer products on the market that would work better at street intersecti ons with a 360
degree field of vi ew instead of single uni directional cameras. The enhanced view will assist law enforcement
agencies in investigating, responding to, and preventing crime.
C onnectivity to the cameras were bid usi ng cellular data connections. The C ity prefers usi ng wireless poi nt-to-
point radios to reduce monthly recurring costs for a data plan. The number of cameras will be reduced from 36 to
27 to reflect the existing number of cameras in the C ity and license plate reader cameras will be removed from the
bid. The C ity will prepare a separate item for A utomated L icense P late Reader (A L P R) cameras at a later date.
D ue to the significant amount of changes to the RF P, staff recommends that the C ity C ouncil reject all bids and re-
advertise the formal bi d.
Discussion and Analysis:
P ursuant to S ection 6-3.7(b)(3) of the Lynwood Municipal C ode, purchases in excess of $200,001 shall be by
formal competitive bid and must be approved by the C i ty C ounci l. The C ity conducted a formal bidding process
City Council Regular Meeting - Page 200 of 241
for the citywide surveillance camera, li cense plate reader, and mobile camera solution. F or the scope of servi ces,
bids ranged from $329,000 to $758,000.
S taff will release a new RF P wi th a narrowed scope of work on March 29, 2023. This will include 27 multi-sensor
cameras and a wi reless point-to-point network infrastructure. B ids must be received by A pril 27, 2023.
Fiscal Impact:
There is no fiscal impact at this time. S taff will present the most suitable vendor when bids are received and
request an additional appropriation of funds on May 16, 2023 to cover cost of the project.
F unding for thi s project is available in the F Y 2022-23 budget as follows:
A merican Rescue P lan A ct F und
1055.65.290.66015 $251,101
1055.65.290.62015 $65,000
Coordinated With:
F inance
C ity A ttorney
AT TAC H ME N T S:
Description
Resolution
City Council Regular Meeting - Page 201 of 241
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
REJECTING ALL BIDS FOR THE CITYWIDE SURVEILLANCE CAMERA,
LICENSE PLATE READER, AND MOBILE CAMERA SOLUTION AND
INSTALLATION RELEASED ON OCTOBER 3, 2022 AND ISSUING A NEW
FORMAL BID PROCESS FOR CITYWIDE SURVEILLANCE CAMERAS
WHEREAS, on October 3, 2022, the City released a Request for Proposals
(RFP) for a citywide surveillance camera, license plate reader, and mobile camera
solution and installation; and
WHEREAS, after the bids were received, the City identified newer products
on the market that would work better at street intersections with a 360 degree field
of view instead of single unidirectional cameras and the enhanced view will assist
law enforcement agencies in investigating, responding to, and preventing crime;
and
WHEREAS, connectivity to the cameras were bid using cellular data
connections and the City prefers using wireless point-to-point radios to reduce
monthly recurring costs for a data plan; and
WHEREAS, the number of cameras will be reduced from 36 to 27 to reflect
the existing number of cameras in the City and due to the significant amount of
changes to the RFP, staff recommends that the City Council reject all bids and re -
advertise the formal bid; and
WHEREAS, staff will release a new RFP with a narrowed scope of work on
March 29, 2023 that will include 27 multi-sensor cameras and a wireless point-to-
point network infrastructure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and
declares that the foregoing recitals are true and correct, and incorporates them
herein as findings and as a substantive part of this Resolution.
Section 2. That the City Council of the City of Lynwood approves to
reject all bids for the Citywide Surveillance Camera, License Plate Reader, and
Mobile Camera Solution and Installation released on October 3, 2022.
Section 3. That the City Council of the City of Lynwood authorizes staff
to release a new formal competitive bid process for 2 7 multi-sensor surveillance
cameras using a wireless point-to-point network infrastructure.
City Council Regular Meeting - Page 202 of 241
2
Section 4. Authorize the Mayor to execute the Resolution for and on
behalf of the City of Lynwood.
Section 5. This Resolution shall take full force and effect immediately
upon adoption by the City Council.
Section 6. The City Clerk shall certify as to the adoption of this City
Council Resolution.
PASSED, APPROVED and ADOPTED this_____ day of ________, 2023.
_________________________
Oscar Flores, 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 203 of 241
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 said
City at its regular meeting thereof held in the City Hall of the City on the
_________day of____________, 2023 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, tr ue
City Council Regular Meeting - Page 204 of 241
4
and correct copy of Resolution No. _________ on file in my office and that s aid
resolution was adopted on the date and by the vote therein stated.
Dated this ______ day of ________________, 2023.
__________________________
City Clerk, City of Lynwood
City Council Regular Meeting - Page 205 of 241
A genda Item # 16.
AGENDA STAF F REPORT
D AT E: March 21, 2023
TO: Honorable Mayor and Members of the C i ty C ouncil
AP P R OV E D B Y: E rnie Hernandez, C ity Manager
P R E PAR E D B Y: Mark F lores, D irector of Recreation & C ommuni ty S ervices
J ose Trejo, D eputy D irector of Recreation & C ommunity S ervices
S U B J E C T: A G RE E M E NT F O R F IRE W ORK S D IS P L AYS F O R THE C ITY OF LYNW O OD ’S
IND E P E ND E NC E D AY C E L E B RATION S HO W S IN 2023 A N D 2024
Recommendation:
S taff recommends that the C ity C ouncil adopt the accompanying resolution entitled, “A RE S O L UTION OF THE
C ITY C OUNC IL OF THE C ITY OF LYNW O OD A UTH ORIZING THE C ITY M A NA GE R TO E X E C UTE A
TW O-YE A R A G RE E M E NT W ITH P YRO S P E C TA C UL A RS F O R THE C ITY’S IND E P E ND E N C E D AY
C E L E B RATIO N F O R 2023 A ND 2024.”
Background:
The C ity of Lynwood has traditionally provided the community an Independence D ay celebration featuring a
fireworks display each year at Lynwood C ity P ark. In preparati on for this year ’s Independence D ay C elebrati on
show, staff released a Request for P roposals (R F P ) for quali fi ed fireworks companies to provide a P rofessi onal
A erial F i reworks D isplay that is choreographed to music and executed by a fully li censed and i nsured company for
the C i ty’s shows to be held J uly 3, 2023 and J uly 3, 2024. S taff is now requesti ng that the C i ty C ouncil consi der
approval of i ts recommendation awarding the contract for these services.
Discussion and Analysis:
In 2020, the C ity canceled its fireworks display due to impacts from the C OV ID pandemic, while the 2022
fireworks show was cancelled due to the unexpected disqualification of its contracted provider. A s an alternative,
the C ity replaced its 2022 fireworks show with a laser light show.
In preparation for the 2023 and 2024 shows, staff developed and released an RF P for fi reworks services on
January 10, 2023. The RF P included a scope of services for an aerial fireworks display choreographed to music
for both the 2023 and 2024 shows. The RF P submittal period closed on F ebruary 21, 2023. The C ity recei ved two
proposals:
City Council Regular Meeting - Page 206 of 241
Table #1
Responding
Firms
2023 Cost 2024 C ost 2-Year
P ropos ed Total Notes
Pyro
Spectaculars $28,500 $31,350 $59,850 F ireworks display
T L C Creative $40,000 $40,000 $80,000 L aser S how (Provided laser
light show in 2022)
Of the two proposals received, the proposal from Pyro Spectaculars best meets the requirements as speci fi ed in
the RF P. P yro S pectaculars is a reputable and nationally recognized firm wi th a well-established history of
producing quality fireworks shows and has provided Lynwood’s fireworks display in the past. L ocally, the firm lists
S outh Gate, W hittier, and L a Habra on thei r reference sheet. S taff has received favorable responses from the
references.
Pyro Spectaculars’ proposal includes an electronically fired aerial fireworks display for 2023 and 2024 to be
choregraphed to musi c that will last approximately 20 minutes. The proposed agreement from Pyro Spectaculars,
attached to this staff report, states that the C ity will be responsible for any permit fees charged by the L os A ngeles
C ounty F ire D epartment. The L os A ngeles C ounty F i re D epartment does not charge for issuing permits for C ity-
sponsored fireworks display shows. The C ity is responsible for the cost of the F ire Marshal for conducting on-si te
inspections and ensuring that pyrotechnic operator complies with state and local regulati ons for the safe use,
handling and di scharge of fireworks. The C ity’s 2023 fireworks show is scheduled for Monday, J uly 3, 2023 at
Lynwood C i ty P ark.
S taff is recommending securing the services of Pyro Spectaculars and awardi ng i t a two-year agreement in the
amount of $32,000 for 2023 and $35,000 for 2024 via adoption of the accompanying resoluti on. A ny final
agreement is contingent upon confirmati on from the C ali fornia S tate F ire Marshal’s office that the recommended
vendor has the necessary certifications to produce a fireworks show in Lynwood. The total, not-to-exceed, sum of
the contract is recommended at $67,000. With $7,150 of the $67,000 to allow for adjustments to the fi reworks
displays in terms of the duration and intensity as requested and negotiated by the C ity. It is i mportant to note that
time is of the essence in selecting a fireworks show provider. The availability of qualified, professi onal fi reworks
service providers and offi ci al L A C F ire Inspectors are limited. A ny delays in approving a vendor posses the risk of
a fi reworks provider and L os A ngeles C ounty fire inspector not being available to provide services to the C ity for
its event.
Fiscal Impact:
A 50% ($14,250) non-refundable deposit is required to secure Pyro S pectaculars for the 2023 fireworks show.
The deposit for the 2023 fireworks show, if approved, would be paid out of the community activities account
(1011.60.701.64020) and operational savi ngs across Recreati on D epartment divisional accounts. The balance
for the 2023 show (due in July) and the $35,000 for the 2024 show will be included in the upcoming F Y2024/2025
budgets. S taff is recommending a two-year agreement wi th P yro S pectaculars in the amount of $32,000 for 2023
and $35,000 for 2024. The not-to-exceed total amount of the contract is $67,000 to produce an aerial fi reworks
show for 2023 and 2024.
Coordinated With:
C ity Manager's Offi ce
F inance D epartment
City Council Regular Meeting - Page 207 of 241
AT TAC H ME N T S:
Description
Resolution - 2023 Fireworks Show Provider 032123
Pyro Spectaculars R FP R esponse Proposal for 2023-2024 Shows
P S A template
City Council Regular Meeting - Page 208 of 241
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PYRO
SPECTACULARS TO PRODUCE FIREWORKS DISPLAYS FOR THE CITY’S
INDEPENDENCE DAY CELEBRATION SHOWS FOR 2023 and 2024
WHEREAS, the City wishes to offer the community a fireworks display for its 2023
and 2024 Independence Day Celebration Shows; and
WHEREAS, a Request for Proposal solicitation was held; and
WHEREAS, the City received two proposals, from Pyro Spectaculars and TLC
Creative; and
WHEREAS, the proposal from Pyro Spectaculars best met the criteria outlined in
the Request for Proposal; and
WHEREAS, Pyro Spectaculars is a local company experienced, duly licensed and
has the qualifications to provide fireworks displays; and
WHEREAS, the City of Lynwood’s Purchasing Ordinance requires that contracts
for professional/special services in excess of Fifty-Thousand ($50,000) Dollars receive
approval of the City Council, per Lynwood Municipal Code 6-3.7.
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. That the City Council approves the selection of Pyro Spectaculars to
produce fireworks displays for the City’s Independence Day Celebration
Shows for year 2023 and 2024.
Section 3. That the City Manager is authorized to execute a two-year agreement with
Pyro Spectaculars for a total sum of $67,000, of which $32,000 is for
services in 2023 and $35,000 is for services in 2024, in a form approved by
the City Attorney.
Section 4. The City Council approves payment of the $14,250 non-refundable deposit
from the accounts approved by the City Manager for the 2023 fireworks
display and the balance of $17,750, to be paid in July 2023 from the FY
2024 Recreation Budget, as presented in this staff report for the City’s
Independence Day fireworks show.
City Council Regular Meeting - Page 209 of 241
Section 5. That this resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 21st day of March, 2023.
____________________________
Oscar Flores, 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 210 of 241
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 21st day of March, 2023
and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez
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 21st day of March, 2023.
Maria Quinonez
City Clerk, City of Lynwood
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1
PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of [Insert month and date] ____, [Insert
Year] by and between the City of Lynwood, a municipal corporation ("City")
and_______________ (“Consultant”). City and Consultant are sometimes hereinafter
individually referred to as a “Party” and collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent
contractor to [insert brief description of work] as set forth in the Scope of Services
attached hereto as Exhibit A; and
WHEREAS, Consultant represents that it is fully qualified to perform such
consulting services by virtue of its experience and the training, education and expertise
of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the
covenants and conditions herein contained, the parties hereto agree as follows:
1. Company's Scope of Services. The nature and scope of the specific services
to be performed by Consultant are as described in Exhibit A.
2. Term of Agreement. This Agreement shall commence on [Insert month and
date], [Insert year] (the “Commencement Date”) and shall remain and continue in effect
until tasks described in Exhibit A are completed, but in no event later than [Insert Date],
unless sooner terminated pursuant to the provisions of this Agreement.
3. Compensation.
A. City agrees to compensate Consultant for services under this Agreement in
compliance with the schedule set forth in Exhibit A. Consultant shall submit proper
monthly invoices in the form and manner specified by City. Each invoice shall include a
monthly breakdown of all monthly services performed together with the hours spent on
each service. Consultant shall maintain appropriate and necessary documentation
supporting the monthly invoices detailing the type of service provided. It shall be available
for review by the City at all reasonable times upon request.
B. Total payment to Consultant pursuant to this Agreement shall not exceed
______________________________.
C. If at the request of the City, Consultant is required to incur out of pocket
expenses (including but not limited to, out-of-town travel and lodging) which are above
and beyond the ordinary expenses associated with performance of this Agreement,
Consultant shall be entitled to reimbursement of such expenses. Consultant shall only
be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices;
(II) are accompanied by a copy of the City’s written authorization for Consultant to incur
City Council Regular Meeting - Page 227 of 241
2
such expenses; and (III) receipts documenting such expenses.
4. General Terms and Conditions. The General Terms and Conditions set forth in
Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency
between the General Terms and Conditions and any other exhibit to this Agreement, the
General Terms and Conditions shall control unless it is clear from the context that both
parties intend the provisions of the other exhibit(s) to control.
5. Addresses.
City of Lynwood
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager
Company
[Insert Selected Consulting Firm]
Attn: [Insert Contact Name]
6. Exhibits. All exhibits referred to in this Agreement are listed here and are
incorporated and made part of this Agreement by this reference.
Exhibit A – Scope of Services and Compensation Schedule
Exhibit B – General Terms and Conditions
SIGNATURES ON FOLLOWING PAGE
City Council Regular Meeting - Page 228 of 241
3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates written below.
CITY
CITY OF LYNWOOD
By: ______________________________ ______________________
Oscar Flores, Mayor Date
CONSULTANT
[Insert Consultant Name]
By: _______________________________ ________________________
[Insert Consultant Name] Date
ATTEST:
By: ______________________________ ________________________
Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:
By: ______________________________ ________________________
Noel Tapia, City Attorney Date
City Council Regular Meeting - Page 229 of 241
1
EXHIBIT A
SCOPE OF WORK
City Council Regular Meeting - Page 230 of 241
1
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on
behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither
the City of Lynwood nor any of its agents shall have control over the conduct of Consultant
or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its agents or employees are
in any manner agents or employees of the City of Lynwood.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interests asserted against City by reason of the independent
Consultant relationship created by this Agreement. In the event that City is audited by
any Federal or State agency regarding the independent status of Consultant and the audit
in any way fails to sustain the validity of a wholly independent Consultant relationship
between City and Consultant, then Consultant agrees to reimburse City for all costs,
including accounting and attorney's fees, arising out of such audit and any appeals
relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold
City harmless from any failure of Consultant to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due
to Consultant under this Agreement any amount due to City from Consultant as a result
of Consultant’s failure to promptly pay to City any reimbursement or indemnification
arising under this Section 1.
D. Consultant represents to the City, and City relies on Consultant’s
representations, that Consultant shall serve solely in the capacity of an independent
contractor to the City. Neither the City nor any of its agents will have control over the
conduct of Consultant or any of Consultant’s employees, except as otherwise set forth
in the Agreement. Consultant may not, at any time or in any manner, represent that it
or any of its agents or employees are in any manner agents or employees of the
City. The City has no duty, obligation, or responsibility to the Consultant’s agents or
employees, including the Affordable Care Act coverage requirements. Consultant is
solely responsible for any tax penalties associated with the failure to offer affordable
coverage to its agents and employees under the Affordable Care Act with respect to
Consultant’s agents and employees. Consultant warrants and represents that the City
will not be responsible and will not be held liable for issues related to Consultant’s
status as an independent contractor, including Consultant’s failure to comply with
Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.
Consultant further agrees to defend, indemnify, and hold the City harmless for any and
City Council Regular Meeting - Page 231 of 241
2
all taxes, claims, and penalties against the City related to Consultant’s obligations
under the Affordable Care Act.
2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a
manner reasonably satisfactory to the City Manager or his/her designee. No additional
or different tasks or services shall be performed by Consultant other than those specified
in Exhibit A.
3. Indemnification.
A. Consultant is skilled in the professional calling necessary to perform the
services and duties agreed to be performed under this Agreement, and City is relying
upon the skill and knowledge of Consultant to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers,
agents, employees and volunteers (individually and collectively, "Indemnities") shall
have no liability to Consultant or any other person for, and Consultant shall indemnify,
defend, protect and hold harmless Indemnities from and against, any and all liabilities,
claims, actions, causes of action, proceedings, suits, damages, judgments, liens,
levies, costs and expenses of whatever nature, including reasonable attorneys' fees
and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to
which Indemnities may become subject by reason of or arising out of any injury to or
death of any person(s), damage to property, loss of use of property, economic loss or
other loss occurring as a result of or allegedly caused by Consultant’s performance of
or failure to perform any services under this Agreement or by the negligent or willful
acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub
consultant or employees, committed in performing any of the services under this
Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not
apply to Claims occurring as a result of the City’s sole negligence or willful acts or
omissions.
C. Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, sub
consultant or any other person or entity involved by, for, with or on behalf of Consultant
in the performance of this Agreement. In the event Consultant fails to obtain such
indemnity obligations from others as required in this Section, Consultant agrees to be
fully responsible according to the terms of this Section. Failure of the City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way serve as a waiver of any rights hereunder. This obligation to indemnify and
defend Indemnities as set forth herein shall survive the termination of this Agreement
and is in addition to any rights which City may have under the law. This indemnity is
effective without reference to the existence or applicability of any insurance coverage
which may have been required under this Agreement or any additional insured
endorsements which may extend to City.
City Council Regular Meeting - Page 232 of 241
3
4. Insurance.
A. Without limiting Consultant’s indemnification of Indemnities pursuant to
Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its
own expense during the term of this Agreement the types and amounts of insurance
as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with
coverage at least as broad as Insurance Services Office Commercial General
Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence,
$4,000,000 general aggregate, for bodily injury, personal injury, and property
damage. Defense costs must be paid in addition to limits. There shall be no
cross liability exclusion for claims or suits by one insured against another. The
policy must include contractual liability that has not been amended. Any
endorsement restricting standard ISO “insured contract” language will not be
accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto
Coverage Form CA 00 01 covering bodily injury and property damage for all
activities of the Consultant arising out of or in connection with Work to be
performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single
limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory
Limits) and Employer’s Liability Insurance with on a state approved policy form
providing statutory benefits as required by law with employer’s liability limits no
less than $1,000,000 per accident for all covered losses;
(IV) Consultant shall maintain Professional Liability or Errors and Omissions
Insurance that covers the services to be performed in connection with this
Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the
effective date of this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three (3) years after completion of the
services required by this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as
additional insureds on the policy(ies) as to commercial general liability and automotive
liability.
C. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance or is on the
List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved
by the City’s Risk Manager.
City Council Regular Meeting - Page 233 of 241
4
D. All insurance policies shall provide that the insurance coverage shall not be
non-renewed, canceled, reduced, or otherwise modified (except through the addition of
additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice
shall be submitted to CITY via certified mail, return receipt requested, addressed to
“Director of Human Resources & Risk Management ,” City of Lynwood, 11330 Bullis
Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or
otherwise modify said insurance coverage.
E. Consultant shall submit to City (I) insurance certificates indicating compliance
with the minimum worker's compensation insurance requirements above, and (II)
insurance policy endorsements indicating compliance with all other minimum insurance
requirements above, not less than one (1) day prior to beginning of performance under
this Agreement. Endorsements shall be executed on City’s appropriate standard forms
entitled "Additional Insured Endorsement".
F. Consultant’s insurance shall be primary as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees and volunteers shall be excess of Consultant’s
insurance and shall not contribute with it.
G. Consultant agrees that if it does not keep the aforesaid insurance in full force
and effect, and such insurance is available at a reasonable cost. City may take out the
necessary insurance and pay the premium thereon, and the repayment thereof shall be
deemed an obligation of Consultant’s and the cost of such insurance may be deducted,
at the option of City, from payments due Consultant.
5. Release of Information/Confidentiality.
A. Consultant in the course of its duties may have access to confidential data
of City, private individuals, or employees of the City. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or
provided for performance of this Agreement are deemed confidential and shall not be
disclosed by Consultant without written authorization by City. City shall grant such
authorization if disclosure is required by law. All City data shall be returned to City upon
the termination of this Agreement. Consultant, its officers, employees, agents, or
subconsultants, shall not without written authorization from the City Manager, voluntarily
provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this Agreement
or relating to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives City notice of
such court order or subpoena. Consultant’s covenant under this section shall survive the
termination of this Agreement.
B. Consultant shall promptly notify City should Consultant, its officers,
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employees, agents, or subconsultants be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions, or other discovery request, court order, or subpoena from any person or
party regarding this Agreement and the work performed thereunder. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition,
hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to
provide the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response
6. Ownership of Work Product.
A. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts, and other such information required by the City that
relate to the performance of services under this Agreement. Consultant shall maintain
adequate records of services provided in sufficient detail to permit an evaluation of
services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible. Consultant
shall provide free access to the representatives of the City or its designees at reasonable
times to such books and records; shall give the City the right to examine and audit said
books and records; shall permit the City to make transcripts therefrom as necessary; and
shall allow inspection of all work, data, documents, proceedings, and activities related to
this Agreement. Such records, together with supporting documents, shall be maintained
for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services
to be performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused, or otherwise disposed of by the City without the permission
of the Consultant. With respect to computer files, Consultant shall make available to
the City, at the Consultant's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
7. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by
Consultant under this Agreement, or which would conflict in any manner with the
performance of its services hereunder. Consultant further covenants that, in performance
of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest which would
conflict in any manner with the performance of its services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or
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otherwise, to or from the ultimate vendor(s) of services to City as a result of the
performance of this Agreement, or the services that may be procured by the City as a
result of the recommendations made by Consultant’s covenants under this section shall
survive the termination of this Agreement.
8. Termination. Notwithstanding any other provision, this Agreement may be duly
terminated at any time by the City at its sole discretion with or without cause by serving
upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).
Upon receipt of said notice, the Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Unless expressly agreed upon in
writing by the City, the City shall not be obligated to pay for any services rendered nor
any costs or expenses paid or incurred after the date of termination. The effective date of
termination shall be upon the date specified in the written Notice of Termination.
Consultant agrees that in the event of such termination, Consultant must refund the City
its prorated share, except for services satisfactorily rendered prior to the effective date of
termination. Immediately upon receiving written Notice of Termination, Consultant shall
discontinue performing services, preserve the product of the services and upon payment
for services, turn over to City the product of the services in accordance with written
instructions of City.
In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Consultant the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City.
9. Personnel. Consultant represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services
required under this Agreement will be performed by Consultant or under its supervision,
and all personnel engaged in the work shall be qualified to perform such services.
Consultant reserves the right to determine the assignment of its own employees to the
performance of Consultant’s services under this Agreement, but City reserves the right,
for good cause, to require Consultant to exclude any employee from performing services
on City's premises.
10. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this
Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by
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or on behalf of Consultant state either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard
commercial supplies or raw materials.
11. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant obligations hereunder, without the
prior written consent of City, and any attempt by Consultant to assign this Agreement or
any rights, duties, or obligations arising hereunder shall be void and of no effect.
12. Performance Evaluation. For any Agreement in effect for twelve months or
longer, the City Manager may require a written annual administrative performance
evaluation within ninety (90) days of the first anniversary of the effective date of this
Agreement, and each year thereafter throughout the term of this Agreement. The work
product required by this Agreement shall be utilized as the basis for review, and any
comments or complaints received by City during the review period, either orally or in
writing, shall be considered. City shall meet with Consultant prior to preparing the written
report. If any noncompliance with the Agreement is found, City may direct Consultant to
correct the inadequacies, or, in the alternative, may terminate this Agreement as provided
herein.
13. Compliance with Laws. Consultant shall keep itself informed of State, Federal
and Local laws, ordinances, codes and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this
Agreement. Consultant shall at all times comply with such laws, ordinances, codes and
regulations. The City, its officers and employees shall not be liable at law or in equity
occasioned by failure of Consultant to comply with this Section.
14. Licenses. At all times during the term of this Agreement, Consultant shall have
in full force and effect all licenses (including a City business license) required of it by law
for performance of the services hereunder.
15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making
by City of any payment to Consultant constitute or be construed as a waiver by City of
any breach of covenant, or any default which may then exist on the part of Consultant,
and the making of any such payment by City shall in no way impair or prejudice any right
or remedy available to City with regard to such breach or default.
16. Attorney's Fees. In the event that either party to this Agreement shall commence
any legal or equitable action or proceeding to enforce or interpret the provisions of this
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Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney's fees and costs, including costs of expert
witnesses and Consultant.
17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during Consultant
regular business hours or by facsimile before or during Consultant regular business
hours; or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
18. Governing Law. This Agreement shall be construed and interpreted both as to
validity and to performance of the Parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los
Angeles, State of California. However, the Parties may agree to submit any dispute to
non-binding arbitration.
19. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be the original, and all of which together shall constitute
one and the same instrument.
20. Severability. If any provision or any part of any provision of this Agreement is
found to be invalid or unenforceable, the balance of this Agreement shall remain in full
force and effect.
21. Entire Agreement. This Agreement, and any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between
Consultant and City. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any provision
or breach hereof waived, except in a writing signed by the Parties which expressly refers
to this Agreement. Amendments on behalf of the City will only be valid if signed by the
Mayor and attested by the City Clerk.
22. Authority. The person or persons executing this Agreement on behalf of
Consultant warrants and represents that he/she has the authority to execute this
Agreement on behalf of Consultant and has the authority to bind Consultant to the
performance of its obligations hereunder.
23. Force Majeure. A Party’s performance of any obligation under this
Agreement shall be suspended if, and to the extent that, the Party is unable to perform
because of any event of Force Majeure. In any such event, the Party unable to perform
shall be required to resume performance of its obligations under this Agreement upon
the termination of the event or cause that excused performance hereunder. “Force
Majeure” herein means an event which is beyond the reasonable control of a Party,
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including without limitation, (a) acts of God including flood, fire, earthquake, hurricane
or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not),
terrorist threats or acts, riot or other civil unrest; (c) government order or law that
prevents either Party from performing its obligations as set forth in this Agreement; (d)
actions, embargoes or blockades in effect on or after the date of this Agreement; (e)
action by any governmental authority that prevents either Party from performing its
obligations as set forth in this Agreement; (f) national or regional emergency; (g)
strikes, labor stoppages or slowdowns or other industrial disturbances, other than
those involving the affected parties employees; (h) shortage of adequate power or
transportation facilities.
Neither Party shall be liable for any delay or default in, or failure of, performance
resulting from or arising out of any Force Majeure event, and no such delay, default in,
or failure of performance shall constitute a breach by either Party hereunder. Where
a Force Majeure event gives rise to a failure or delay in either Party performing its
obligations under this Agreement (other than obligations to make payment), those
obligations will be suspended for the duration of the Force Majeure event. A Party who
becomes aware of a Force Majeure event which gives rise to, or which is likely to give
rise to, any failure or delay in performing its obligations under this Agreement, will
forthwith notify the other and inform the other of the period for which it is estimated that
such failure or delay will continue. The affected Party shall take reasonable steps to
mitigate the effects of the Force Majeure event.
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Agenda Item # 17.
AGENDA STAF F REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the C ity C ouncil
AP P R OVE D B Y: E rnie Hernandez, C ity Manager
PR E PARE D BY: Gabriel L inares, D irector of C ommunity D evelopment
SU B JE CT: C OM M E RC IA L FA C A D E GRA NT P RO GRA M UP D ATE
Recommendation:
S taff recommends that the C ity C ouncil receive and file this report.
Background:
A t its regular meeting of A pril 19, 2022, the Lynwood C ity C ouncil approved Resolution No. 2022.065 appropriating $830,000 in A RPA
funding for program implementation of a C ommercial F açade Grant utilizing C oronavirus Local Recovery F unds awarded to the C ity of
Lynwood under the A merican Rescue P lan A ct of 2021 (A RPA ).
Utilizing the $830,000 appropriated for E conomic D evelopment under the C ity’s adopted A RPA plan, staff proposed a C ommercial F acade
Grant P rogram to assist business property owners in the hardest hit commercial areas of the C ity. The goals of the program are:
Improve visual quality of the building façades
E nhance or restore buildings to create attraction for new businesses
R estore economic vitality and investment confidence
Assist businesses negatively impacted by the C O VID -19 pandemic
Achieve a high standard of design for individual buildings
Use of high quality materials and workmanship on building façades
The grant program established the B usiness B eautification/F açade Improvement P lan to issue grants of up to $12,000 ($10,000 for direct
labor and $2,000 for soft costs) to approximately 69 businesses and to retain a service provider to assist in program promotion and
implementation. The funds would support basic repairs, facade improvements and beautification of high-need commercial corridors in the city
affected by C OV ID -19 closures and other safety or quality of life impacts. The amount of the initial individual grant was limited in order to
provide the greatest flexibility.
Three specifically designated commercial area corridors were designated a high priority for the city and required community investment to
support public safety and enhance the general customer experience. Qualifying property/business owners are those located within city limits
on Imperial Highway, A tlantic Avenue, or L ong B each B oulevard and storefronts must be visual from the street along one of the identified
business corridors.
Discussion and Analysis:
Upon approval of the program, staff enlisted an outreach consultant, Mayra B erenice E n Vivo, that provided canvasing of the designated
corridors, conducted monthly workshops to explain the program and provide applications and application assistance. They also provided
business resources such as financial seminars and business-to-business referrals. The outreach consultant conducted monthly workshops
from A ugust- January.
On July 25, 2022, the C ity’s On-C all C onsultant, Avant Garde, was brought in to administer the C ity’s C ommercial F açade P rogram
performing the following scope of work:
1. Meet with applicants, review and approve program participation.
2. P erform initial field inspection of properties for which assistance is requested.
3. P repare written inspection reports and cost estimates connected with the above inspection.
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3. P repare written inspection reports and cost estimates connected with the above inspection.
4. P repare grant documents.
5. C onduct bid process procedures, review of bids, selection of contractors, and staff, as appropriate.
6. Arrange pre-construction meetings with contractors, property owners, and staff, as appropriate.
7. C onduct progress inspections and recommend approval of progress payments.
8. C onduct final inspection.
To date, sixty (60) applications have been submitted.
fifteen (15) have been closed/deferred for causes such as ineligible locations, business types, or other reasons.
twenty (25) are still in the review process.
twenty (20) businesses have qualified for approval. Twelve (12) businesses have qualified have reached the bidding process for their
desired improvement requests. The remaining are in the work write up stage.
D ue to increased costs of materials and labor, bids received for projects exceed the existing guideline of $10,000.00 for minor
improvements. A t this stage, we are unable to award contracts for improvements as all bids exceed the current maximum grant amount. S taff
is currently in discussions with the property owners to determine if they can pay the difference exceeding the grant amount. S ome businesses
have expressed that they do not have extra funds to pay for these improvements and is the primary reason why they applied for the grant.
B elow is a summary of the bids received:
Fiscal Impact:
None.
Coordinated With:
C ity Manager's Office
AT TAC HME N T S:
Description
No Attachments Available
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