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HomeMy Public PortalAbout2023-10-17-Lynwood_Agenda_Regular1.CALL TO ORDER 2.CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3.ROLL CALL OF COUNCIL MEMBERS 4.PLEDGE OF ALLEGIANCE 5.INVOCATION This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO CITYCLERK@LYNWOODCA.GOV OR FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA City Council Regular Meeting TO BE HELD ON October 17, 2023 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 Duly Posted on 10/13/23 By MQ 6:00 PM Oscar Flores, Mayor Rita Soto, Mayor Pro Tem Gabriela Camacho, Council Member Juan Munoz-Guevara, Council Member Jose Luis Solache, Council Member City Council Regular Meeting 1 6.PRESENTATIONS/PROCLAMATIONS 7.COUNCIL RECESS TO: 8.PUBLIC HEARING 8.1 10 MONTH 15 DAY EXTENSION OF THE MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE AND TRUCKING USES AND RELATED USES WITHIN THE CITY OF LYNWOOD. Update on Law Enforcement Issues City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). City Video(s) Greater LA County Vector Control District Presentation Commercial Façade Program Update Lynwood Housing Authority PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON-AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) Comments: Staff recommends that the City Council approve, by four-fifths (4/5) vote, an extension of 10 months and 15 days to the Moratorium on the Establishment, Expansion, or Modification of Warehouse and Trucking Uses and Related Uses within the City of Lynwood adopted under Urgency Ordinance No.1758. (CD) Recommendation: Staff recommends that the City Council approve, by four-fifths (4/5) vote, an extension of 10 months and 15 days to the Moratorium on the Establishment, Expansion, or Modification of Warehouse and Trucking Uses and Related Uses within the City of Lynwood adopted under Urgency Ordinance No. 1758. City Council Regular Meeting 2 9.CONSENT CALENDAR 9.1 APPROVAL OF THE WARRANT REGISTER 9.2 PREVIOUS MEETING MINUTES 9.3 APPROVAL TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MKN & ASSOCIATES FOR ADDITIONAL SCOPE OF WORK TO COMPLETE THE DESIGN OF THE RESERVOIR AND BOOSTER PUMP STATION AND REDUCE THE FUND BALANCE OF CAPITAL IMPROVEMENT PROJECT (CIP) 4011.67.894 WELL #22 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. Comments: City of Lynwood warrant register dated October 17,2023 for FY 2023-2024. (FIN) Recommendation: Staff respectfully recommends that the City council of the City of Lynwood approve the warrant register dated October 17,2023 for FY 2023-2024 Comments: The purpose of this item is to present action minutes of previous meetings for City Council review and approval. (CC) Recommendation: Staff recommends that the Lynwood City Council approve the following minutes: April 04, 2023 Regular Meeting and Closed Session Meeting April 18, 2023 Regular Meeting May 02, 2023 Regular Meeting and Closed Session May 16, 2023 Regular Meeting May 30, 2023 Special Meeting Comments: On September 20, 2022, City Council approved a Professional Services Agreement to MKN & Associates for the Reservoir and Booster Station Design (CIP 4011.67.056). Staff recommends that MKN & Associates provide additional design and environmental services related to the Burke-Ham Park Reservoir and Pump Station Project. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MKN & City Council Regular Meeting 3 9.4 ADVANCED METERING INFRASTRUCTURE PROJECT AUGMENTATION FUNDING TRANSFER AMENDMENT 9.5 REJECTION OF ALL BIDS AND APPROVAL FOR RE-ADVERTISEMENT FOR THE LYNWOOD CITYWIDE MONUMENTS PROJECT (CIP NO. 4011.68.117) 10.NEW/OLD BUSINESS 10.1 A RESOLUTION APPROVING AN AMENDMENT TO THE COMMUNICATIONS SITE GROUND LEASE AGREEMENT(S) WITH CROWN CASTLE MU LLC, FORMERLY MOUNTAIN UNION TELECOM OF CALIFORNIA LLC AT CITY FACILITIES. CONTRACTS; 839458, 839533, 839150, AND 878083. ASSOCIATES FOR ADDITIONAL SCOPE OF WORK TO COMPLETE THE DESIGN OF THE RESERVOIR AND BOOSTER PUMP STATION (CIP 4011.67.056) FOR A NOT TO EXCEED AMOUNT OF $100,000.00; AND APPROVING A BUDGETARY TRANSFER OF $100,000 FROM CIP NO. 4011.67.894, WATER WELL 22 TO CIP 4011.67.056” Comments: This item is to correct a mistake in the Fiscal Analysis Project Augmentation Funding Transfer In portion of a past staff report dated November 15, 2022, Resolution 2022.292, from 4011.67.070 to 4011.68.093. (PW) Recommendation: Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE ADVANCED METERING INFRASTRUCTURE PROJECT AUGMENTATION FUNDING TRANSFER IN FROM 4011.67.070 TO 4011.68.093 IN THE AMOUNT OF $1,887,127.46.” Comments: Staff has prepared plans and specifications for the Lynwood Citywide Monuments CIP Project. The plans and specifications have been reviewed and a Notice Inviting Bids was published for advertisement. The bid opening took place and staff recommends rejecting all received bids and re-advertise the project at a future date. (CD) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL BIDS AND APPROVING THE RE-ADVERTISEMENT FOR BIDS FOR THE LYNWOOD CITYWIDE MONUMENTS PROJECT (CIP NO. 4011.68.117)” Comments: City Council Regular Meeting 4 10.2 RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR PRIVATE SECURITY SERVICES FOR CITY PARKS AND FACILITIES 11.CITY COUNCIL ORAL AND WRITTEN COMMUNICATION 12.STAFF ORAL COMMENTS Staff recommends approval of the communication site ground lease agreements extension(s). The lease amendment(s) will allow the City to negotiate a lump sum payment for a set term and use the funds to improve the sites. Proposed improvements will include the updating of the paint schemes to the water tank structures. (CD) Recommendation: Staff recommends that the City Council approve an amendment to the Communications site ground lease agreement with Crown Castle MU LLC.; Approve resolution amending communications site ground lease agreement 839458, located at 11240 California Ave Approve resolution amending communications site ground lease agreement 839533, located at 4275 Walnut Ave Approve resolution amending communications site ground lease agreement 839150, located at 11190 Alameda St. Approve resolution amending communications site ground lease agreement 878083, located at 10399 1/2 Long Beach Blvd Comments: In October of 2022, the City entered into an agreement with Good Guard Security, Inc., to be the City’s security services provider. The agreement’s initial term is for one (1) year, expiring on October 24, 2023. Staff is requesting authority to allow the current contract to expire and for staff to execute a restricted agreement with a new security provider. The recommended action will ensure the City is able to continue to provide security services for its parks and facilities with limited interruptions. (REC) Recommendation: Staff recommends that the City Council take the following actions: 1. Authorize staff not to exercise the Year #2 security services contract extension option with Good Guard Security, approving of expiration of the Agreement, effective October 24, 2023. 2. Adopt the attached resolution, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX- MONTH AGREEMENT WITH PROFESSIONAL SECURITY CONSULTANTS IN THE AMOUNT NOT-TO-EXCEED $200,000.” City Council Regular Meeting 5 ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON NOVEMBER 7, 2023 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. City Council Regular Meeting 6 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY:Ernie Hernandez, City Manager PREPARED BY:Gabriel Linares, Community Development Director SUBJECT:10 MONTH 15 DAY EXTENSION OF THE MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE AND TRUCKING USES AND RELATED USES WITHIN THE CITY OF LYNWOOD. Agenda Item # 8.1. Recommendation: Staff recommends that the City Council approve, by four-fifths (4/5) vote, an extension of 10 months and 15 days to the Moratorium on the Establishment, Expansion, or Modification of Warehouse and Trucking Uses and Related Uses within the City of Lynwood adopted under Urgency Ordinance No. 1758. Background: On September 19, 2024, the City Council for the City of Lynwood (“City Council”) adopted Urgency Ordinance No. 1758 implementing a 45-day Moratorium on Warehouse and Trucking Uses and related uses (“Moratorium”) in the City of Lynwood. The Moratorium would apply to any applications for the establishment, expansion, or modification of Warehouse and Truck Uses which have not been deemed complete as of September 12, 2023. The Moratorium was adopted pursuant to California Government Code Section 65858 which allows for the Moratorium to be extend by an additional 10 months and 15 days past the expiration date of the initial 45-day Moratorium. California Government Code Section 65858 allows for the initial 45-day Moratorium to be extended for 10 months and 15 days by a 4/5th vote of the City Council after providing notice City Council City Council Regular Meeting 7 and conducting a public hearing. The City must also issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the Moratorium at least 10 days prior to the expiration of the Moratorium period. The current 45-day Moratorium on Warehouse and Trucking Uses is set to expire on November 3, 2023 and on October 3, 2023, the City Council received and filed a report regarding the measures the City’s Department of Development, Compliance and Enforcement Services (“Community Development”) has taken regarding the Warehouse and Trucking Uses pursuant to California Government Code Section 65858(d). On October 12, 2023 the hearing was duly noticed in the Lynwood Press Wave. Staff has begun to study the impact of Warehouse and Trucking Uses and exploring possible policies and regulations that could help reduce the impacts of such uses on the health, safety and welfare, but believes that additional time is required to complete its analysis and recommendations. In addition to the current proposed 10 month and 15 day extension, the City may further extend the Moratorium for an additional year pursuant to Government Code Section 65858(a). Discussion and Analysis: The purpose of Urgency Ordinance No.1758 is to provide Community Development staff additional time to analyze the feasibility of potential development standards, truck routes and weight limits, and to address possible impacts to the public health, safety and welfare of the community. The intent of the interim development standards is to preserve the community character within the City consistent with the City’s General Plan. Pursuant to Government Code Section 65858(d), the ten (10) day written report (“Report”) describing the measures taken to alleviate the conditions which led to the adoption of the Urgency Ordinance was filed with the City on October 3, 2023. The Report outlined the following activities undertaken by Community Development since the initial adoption of the Moratorium to alleviate the impacts of Warehouse and Trucking Uses: 1. Analyzing all impacts of Warehouse and Trucking Uses and related uses including the detrimental effects of traffic, noise and queuing of vehicles. 2. Creating a list of all types of Warehouse and Trucking Uses and related uses in the City of Lynwood including any entitlements processed and if the Warehouse and Trucking Use facility operators are meeting the conditions of approval. 3. Conducting studies regarding a potential revision to the City’s designated Truck Traffic Route and a possible Truck Fee assessment. City Council City Council Regular Meeting 8 4. Conducting a study of potential impact fees and a City-wide fee analysis including a truck impact fee. 5. Creating a list of interested parties that have or have the potential to submit an application. 6. Meeting with staff from the City’s Building & Safety and Public Safety Divisions to review the impacts of the interim Urgency Ordinance and future potential development standards. 7. Soliciting proposals from qualified consultants to advise the City on potential Warehouse and Trucking Uses development standards and municipal code amendments. 8. Creating a handout to educate potential developers on possible new development standards that may mitigate impacts of Warehouse and Trucking Uses to facilitate the approval process. 9. Reviewing regulations in surrounding cities to determine adopted codes and the impacts into their respective communities. 10. Study the impacts of Warehouse and Trucking Uses in certain zones specifically commercial versus industrial zones where traffic circulation impacts may be minimized. The extension includes a modification of the Moratorium to clarify that the Moratorium shall not prohibit any of the following: 1. The annual renewal of an existing business License, any permits necessary for the routine maintenance or repair of a building or site, or any permit necessary for required repairs due to an emergency or to protect the public health, safety, and welfare. 2. Tenant improvements within an existing building, provided the tenant improvements would not otherwise be considered an expansion or intensification of the building or use as determined by the Director of Community Development. 3. Any new or renewed lease agreement that does not conflict with the intent of the Urgency Ordinance. Pursuant to Government Code Section 65858(a), Community Development staff requires City Council City Council Regular Meeting 9 Urgency Ordinance - 10M15D Extension of Moratorium on Warehouse and Trucking Uses v.2 (002).docx additional time to study the impacts of the increase in Warehouse and Trucking Uses and the applicability of the Moratorium to protect the community from adverse impacts. Additional time is also required to take the potential development standards to the Planning Commission for a recommendation to the City Council and to garner public input on the interim and potential future development standards. Staff recommends that the City Council approve, by four-fifths (4/5) vote, an extension of 10 months and 15 days to the Moratorium on the Establishment, Expansion, or Modification of Warehouse and Trucking Uses and Related Uses within the City of Lynwood adopted under Urgency Ordinance No.1758. Fiscal Impact: No Fiscal Impact to the General Fund Coordinated With: City Attorney ATTACHMENTS: Description City Council City Council Regular Meeting 10 ORDINANCE NO. 1758 URGENCY ORDINANCE 1758 OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA EXTENDING FOR 10 MONTHS 15 DAYS THE MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE AND TRUCKING USES AND RELATED USES WITHIN THE CITY OF LYNWOOD WHEREAS, Government Code Section 65858 expressly authorizes a general law city, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that its legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure is adopted by a four-fifths vote of the legislative body, and have no further force and effect 45 days from its adoption, unless thereafter duly extended by further legislative action; and WHEREAS, Government Code Section 36937(b) expressly authorizes the City Council to enact urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and which must be passed by a four- fifths vote of the City Council; and WHEREAS, the City of Lynwood (“City”) has continuing concerns regarding a potential increase in commercial manufacturing/industrial uses within neighboring communities due to the growing economy and lack of vacant, developable land, particularly warehouses, distribution centers, and truck storage facilities (collectively “Warehouse and Trucking Use(s)”), which include any use for the conduct, business, or management of warehousing, storing, freight forwarding, handling, parking, carrier leasing, keeping inventory, distribution activities and/or transporting of any shipping containers and/or trailers; and WHEREAS, the United States Environmental Protection Agency(“EPA”), in a 2014 Frequently Asked Questions sheet (EPA-420-F-14-044) (“EPA FAQ”) notes that “[P]eople who live, work, or attend school near major roads appear to have an increased incidence and severity of health problems that may be related to air pollution from roadway traffic. Health effects that have been associated with proximity to roads include asthma onset and aggravation, cardiovascular disease, reduced lung function, impaired lung development in children, pre-term and low-birthweight infants, childhood leukemia, and premature death. Other than air pollution, road noise may also play a role in the health problems associated with roadway exposure”; and WHEREAS, the California Department of Justice’s (“CA DOJ”) 2022 update to its ”Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act” notes that: “Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities” (Section V, pg. 7); and “The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. Various sources, such as unloading activity, diesel truck movement, and rooftop air conditioning units, can contribute substantial noise pollution. These impacts are exacerbated by logistics facilities’ typical 24-hour, seven-days-per-week operation” (Section VI, pg. 10); and “Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. Collisions with heavy-duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians. These concerns can be even greater if truck traffic passes through residential 11 areas, school zones, or other places where pedestrians are common and extra caution is warranted” (Section VII, pg. 11); and WHEREAS, with the lack of available industrial warehouse storage space in the region, the City has experienced an increase in Warehouse and Trucking Uses, and the residents and businesses within the City have faced an increase of truck traffic, resulting in the following current and immediate threats to the public health, safety, and welfare of its citizens: Increased safety risk for smaller vehicles, pedestrians, and bicyclists; Damage to City streets, streetlights, traffic signal equipment, signs, trees, curbs, medians, etc.; Traffic congestion and reduced levels of service on streets and at intersections; Increase in air pollution, noise, and vibrations when travelling on the roadways next to residential areas and educational uses; and WHEREAS,on September 19, 2023 the City adopted Urgency Ordinance No. 1758 implementing a forty-five (45) moratorium on Warehouse and Trucking Uses and related uses (“Moratorium”) for any application which had not been deemed complete as of September 12, 2023 to study existing Warehouse and Trucking Use regulations and developments to determine the potential adverse impacts on the environment, and develop policies, guidelines and regulations related to such uses; and WHEREAS, the City needs additional time to study and develop policy guidance to ensure there is a logical relationship between the placement of Warehouse and Trucking Uses and available truck routes to avoid the deleterious effects of routing trucks past sensitive uses; update the Lynwood Municipal Code to further address the potential side effects of Warehouse and Trucking Uses to ensure that they are properly regulated within the City; address truck yards, and associated buildings, queuing, stacking, loading, unloading and parking of trucks; and study existing Warehouse and Trucking Use regulations and developments to determine the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of properties within the City, and to make recommendations on appropriate alternative regulations for Warehouse and Trucking Uses within the City; and WHEREAS,the expiration of the Moratorium on November 3, 2023 would result in the continuing threat to public health, safety, or welfare, and by extending the Moratorium, City can continue to mitigate the threat of health and safety caused by Warehouse and Trucking Uses until the City can implement the proper controls to mitigate any negative or harmful effects associated with such uses; and WHEREAS, on October 3, 2023, the City Council receive and filed a report a report per Government Code Section 65858(d) describing the measures taken to alleviate the condition which led to the adoption of the Moratorium; and WHEREAS, the City desires to the extend the Moratorium pursuant to the notice and hearing requirements of Government Code Section 65858(a); and WHEREAS, on October 12, 2023 a public notice was published in the Lynwood Press Wave describing the City’s intent to extend the existing Moratorium, and the duly notice public hearing was held on October 17, 2023; and WHEREAS, if adopted Urgency Ordinance No. 1758 will be in effect for an additional 10 months 15 days and shall expire on September 18, 2024 unless further extended. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lynwood as follows: SECTION 1: The facts set forth in the recitals of this Urgency Ordinance are true and correct, and incorporated into this Urgency Ordinance as substantive findings. SECTION 2:Urgency Ordinance No. 1758 was adopted as an interim urgency measure pursuant to Government Code Section 65858 for the immediate preservation of the public health, safety, and welfare, and is adopted and justified based on the findings 12 of the City Council described in the recitals, agenda report and exhibits, and findings of Urgency Ordinance No. 1758, which are hereby incorporated herein as the City’s findings. SECTION 3: Facts Constituting Urgency. Based on the facts included in the above recitals and agenda staff report associated with this Urgency Ordinance No. 1758, the City Council finds that the adoption of this Urgency Ordinance extending the Moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses for and additional ten (10) months and fifteen (15) days is necessary to protect the public safety, health, and welfare of the general public. The EPA and CA DOJ have both noted the severe potential impacts an increase in Warehouses and Trucking uses can have on the volume of traffic and the potential environmental and health impacts associate with such increases in traffic. Such impacts are a current and immediate threat to the public health, safety, and welfare of the community and the extension of the Moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses within the City of Lynwood is necessary to mitigate such threats to the community’s health, safety and welfare. SECTION 4:The City Council finds that the continued growth of Warehouse and Trucking Uses and related uses in the City may be in conflict with the City’s General Plan in the following manner: Circulation Plan Policy CIR-1.3 to “preserve the quality of residential neighborhoods by…discouraging the flow of truck traffic and through traffic in these areas” including Implementation Measure 7.0 requiring that new developments be adequately served by road of adequate design standards and capacity to provide reasonable access by car, truck, transit, or bicycle, and Implementation Measure 14.0 establish and enforce weight restrictions where necessary on routes traversing through residential neighborhoods; and Noise Plan Policy NOI-1.1 to prohibit the development of new commercial, industrial, or other noise-generating land uses adjacent to existing residential uses and sensitive noise receptors exceeding 65 dBA. Air Quality Plan Policy AQ-1.1 to ensure to the extent practical that air quality mitigation measures are incorporated into residential, commercial and industrial projects, including Implementation Measure 2.0 to use low emission vehicles and reschedule truck deliveries to off peak hours. SECTION 5: Effective immediately upon the adoption of this Urgency Ordinance No. 1758, the Moratorium shall be extended for an additional ten (10) months and fifteen (15) days, and the City shall not approve the establishment, expansion, or modification of Warehouse and Trucking Uses and related uses within the City of Lynwood for any application which has not been deemed complete as of September 12, 2023. SECTION 6: Definitions and Moratorium. A.Definitions. For the purpose of this Urgency Ordinance: “Warehouse and Trucking Uses” shall mean Warehouses, distribution centers, distribution plants, Trucking Storage Facilities and shall include any related use for the conduct, business, or management of warehousing, storing, freight forwarding, handling, parking, carrier leasing, keeping inventory, distribution activities and/or transporting of any shipping containers and/or trailers. “Warehouses” shall mean any use for the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure. “Trucking Storage Facilities” shall mean any use for the conduct, business or management of storing, placing, temporary parking, carrier leasing, and/or transporting of any shipping containers and/or trailers. 13 B.Moratorium. The 45-day moratorium established by Urgency Ordinance No. 1758 is hereby extended by an additional ten (10) months and fifteen (15) prohibiting the approval of any application for the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses within the City of Lynwood for any application which has not been deemed complete as of September 12, 2023. C.Exceptions. The Moratorium shall not prohibit any of the following: 1. The annual renewal of an existing business license, any permits necessary for the routine maintenance or repair of a building or site, or any permit necessary for required repairs due to an emergency or to protect the public health, safety, and welfare. 2. Tenant improvements within an existing building, provided the tenant improvements would not otherwise be considered an expansion or intensification of the building or use as determined by the Director of Community Development. 3. Any new or renewed lease agreement that does not conflict with the intent of this Urgency Ordinance. SECTION 7:Authority. This Urgency Ordinance is enacted pursuant to Government Code Sections 65858 and 36937, the City of Lynwood’s general police powers, and Article XI of the California Constitution. SECTION 8:CEQA. Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines, this Urgency Ordinance is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this Urgency Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant effect on the environment, insofar as it prohibits the construction of or alterations to, truck parking or logistics facilities within the City. Furthermore, even if the Urgency Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on truck parking or logistics facilities. Accordingly, no further environmental review is necessary. SECTION 9:Severability. If any section, subsection, sentence clause or phrase or word of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council declares that it would have passed this Urgency Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. SECTION 10:Effective Date. This Urgency Ordinance shall become effective immediately upon adoption by a four-fifths (4/5) vote of the City Council pursuant to California Government Code Sections 36937(b) and 65858(a) and shall be in effect for an additional ten (10) months and fifteen (15) days, unless earlier terminated or extended by the City Council as permitted by law. SECTION 11:Adoption. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause the same to be published or posted according to law. PASSED, APPROVED AND ADOPTED this 17th day of October, 2023. 14 _______________________________ Oscar Flores, Mayor ATTEST: ________________________ _______________________________ Maria Quiñonez, City Clerk Ernie Hernandez, City Manager APPROVED AS TO FORM __________________________ Noel Tapia, City Attorney STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Urgency Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 19th day of September, 2023, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: ___________________________________ Maria Quiñonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) 15 I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of the Urgency Ordinance No. 1758 on file in my office and that said Ordinance was adopted on the date and the vote therein stated. Date this 19th day of September, 2023. ___________________________________ Maria Quiñonez, City Clerk 16 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY:Ernie Hernandez, City Manager PREPARED BY:Harry Wong, Director of Finance & Administration Mohammad Islam, Accounting Technician SUBJECT:APPROVAL OF THE WARRANT REGISTER 10-17-2023-CC WARRANT RESOLUTION TEMPLATE - Copy.docx WARRANT RUN CC 10-17-2023.pdf Agenda Item # 9.1. Recommendation: Staff respectfully recommends that the City council of the City of Lynwood approve the warrant register dated October 17,2023 for FY 2023-2024 Background: N/A Discussion and Analysis: N/A Fiscal Impact: FY 2023-2024 Coordinated With: City Manager City Attorney ATTACHMENTS: Description City Council City Council Regular Meeting 17 RESOLUTION NO. 2023.XXX Warrant Registers Dated 10-17-2023 PASSED, APPROVED and ADOPTED this 17th day of October_, 2023. Jorge Casanova, 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 18 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 17th day of October, 2023. AYES:COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA 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. 2023.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this _17th day of October_, 2023. ___________________________ Maria Quiňonez, City Clerk 19 apCkHist 10/09/2023 11 :01AM Bank code: apbank Void Check# Date Vendor -- 207742 05/24/2023 000802 KENNETH WEST 208067 07/10/2023 007308 FHN FINANCIAL MAIN 208359 07/26/2023 011975 MOMAR, INC. 208391 07/26/2023 012698 ELITE POWER SYSTEMS 4 checks in this report Void Check Listing City of Lynwood ClearNoid Date Reason-Void/Reissue 09/26/2023 ST ALE DA TED-208865 09/26/2023 000802-110822 10/03/2023 LOST IN MAIL-208872 09/26/2023 LOST IN MAIL-208864 09/27/2023 LOST IN MAIL-208866 Page:1 Inv. Date Amount Paid Check Total 11/10/2022 50.00 11/10/2022 50.00 100.00 03/31/2023 3,000.00 3,000.00 06/27/2023 1,037.26 1,037.26 05/17/2023 1,588.15 1,588.15 apbank Total: 5,725.41 Total Checks: 5,725.41 Page: 1 20 vchlist 10/03/2023 Bank code: Voucher 208863 208864 208865 208866 208872 208873 208874 208875 5:31:41PM apbank Prepaid-Check List City of Lynwood Date Vendor Invoice PO # 9/26/2023 008216 NOVA STORAGE 9/2612023 011975 MOMAR, INC. 9/2612023 000802 WEST, KENNETH 9/27/2023 012698 ELITE POWER SYSTEMS 10/3/2023 007308 ADVISORS, LLC, FHN FINANCIAL MAIN 10/3/2023 000163 SOUTHERN CALIFORNIA EDISON 10/3/2023 007058 KTS NETWORKS 10/3/2023 000163 SOUTHERN CALIFORNIA EDISON 8 Vouchers for bank code : 8 Vouchers in this report apbank 69956 ?S1508017 000802-110822 149055-091322 703 Lynwood #48 000163-10022023 358194 000163-100323 06-009723 11-002158 11-002158 06-010004 10-000217 Page: 2 Description/ Account Amount OPERATING EXPENSE 710.24 Total: 710.24 OPERATING SUPPLIES 1,037.26 Total: 1,037.26 PLANNING COMMISSIONER STIPEND 50.00 PLANNING COMMISSIONER STIPEND 50.00 Total: 100.00 PROF & CONTRACTUAL SERVICES 1,588.15 Total: 1,588.15 PROF & CONTRACTUAL SERVICES 3,000.00 Total: 3,000.00 UTILITY EXPENSE 30,969.97 Total: 30,969.97 OPERATING EXPENSE 883.00 Total: 883.00 UTILITY EXPENSE 3,543.35 Total: 3,543.35 Bank total: 41,831.97 Total vouchers: 41,831.97 Page: 2 21 vchlist 10/03/2023 Bank coda: Voucher 208867 208868 208869 208870 208871 5:35:03PM apbank Prepaid-Check List City of Lynwood Date Vendor Invoice 9/28/2023 007551 AFSCME DISTRICT COUNCIL 36 9/28/2023 013747 AMERIFLEX Ben155953 Ben156217 Ben155957 Ben156221 9/28/2023 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben155955 Ben156219 9/28/2023 013730 INSURANCE COMPANY, COLONIAL LIFE Ben155949 Ben156213 9/28/2023 010048 LEGAL SHIELD 5 Vouchers for bank code : 5 Vouchers in this report apbank Ben155959 Ben156223 Page: 3 PO# Description/ Account Amount ASSOCIATION DUES: PAYMENT 1,669.46 ASSOCIATION DUES: PAYMENT 1,635.09 Total: 3,304.55 HEALTH FSA PRE-TAX: PAYMENT 948.09 HEALTH FSA PRE-TAX: PAYMENT 948.09 Total: 1,896.18 MGMT. ASSOCIATION DUES: 212.50 MGMT. ASSOCIATION DUES: 200.00 Total: 412.50 ACCIDENT PRETAX: PAYMENT 2,390.65 ACCIDENT PRETAX: PAYMENT 2,390.65 Total: 4,781.30 LEGAL SHIELD: PAYMENT 49.84 LEGAL SHIELD: PAYMENT 49.84 Total: 99.68 Bank total : 10,494.21 Total vouchers: 10,494.21 Page: 3 22 vchlist 10/05/2023 3:39:02PM Bank code: apbank Voucher Date Vendor -- 208876 10/5/2023 006399 AT&T 208877 10/5/2023 000163 SOUTHERN CALIFORNIA EDISON 208878 10/5/2023 001302 U.S. BANK 208879 10/5/2023 012429 DSANTANA ARQUITECTURA 4 Vouchers for bank code : apbank 4 Vouchers in this report Prepaid-Check List City of Lynwood Invoice 000020562584 000020581821 000163-100423 001302-091523 19300-33 PO# Description/ Account UTILITY EXPENSE UTILITY EXPENSE Total: UTILITY EXPENSE Total: BANKCARD CHARGES Total: PROF & CONTRACTUAL SERVICE Total: Bank total: Total vouchers: Page: 4 Amount 1,230.39 102.21 1,332.60 37,520.24 37,520.24 22,146.14 22,146.14 12,897.97 12,897.97 73,896.95 73,896.95 Page: 4 23 vchlist Check List Page: 5 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 208880 10/17/2023 013500 AIR CONDITIONING&REFRIGERATION, 180127 REPAIRS AND MAINTENANCE 807.81 Total: 807.81 208881 10/17/2023 001994 ALIN'S PARTY SUPPLY CO. 001994-090823 08-005198 COMMUNITY ACTIVITY EXPENSE 173.18 Total: 173.18 208882 10/17/2023 010746 ALVAREZ-GLASMAN & COLVIN 2023-06-20772-1 01-001805 PROF & CONTRACTUAL SERVICES 4,266.50 Total: 4,266.50 208883 10/17/2023 013738 AMAZON CAPITAL SERVICES INC 1NVT-K1V4-1WQQ EMPLOYEE APPRECITATION 174.04 Total: 174.04 208884 10/17/2023 002452 AMERICAN LANGUAGE SVCS. 76520 01-001803 PROF & CONTRACTUAL SERVICES 347.30 76660 PROF & CONTRACTUAL SERVICES 600.00 76662 01-001803 PROF & CONTRACTUAL SERVICES 365.54 76836 01-001803 PROF & CONTRACTUAL SERVICES 329.90 Total: 1,642.74 208885 10/17/2023 000926 AMERICAN TRANSPORTATION SYSTEM 130605 08-005184 COMMUNITY ACTIVITY EXPENSE 1,071.00 Total: 1,071.00 208886 10/17/2023 013522 AMN MANAGEMENT, INC 19 06-010066 PROF & CONTRACTUAL SERVICES 21,700.00 Total: 21,700.00 208887 10/17/2023 013290 ARTURO RAMIREZ 013290-091223 COMMISSIONER STIPEND 50.00 Total : 50.00 208888 10/17/2023 012148 BARRERA. JACOB CL029 01-001799 COMMUNITY ACTIVITY EXPENSE 1,500.00 Total: 1,500.00 20B889 10/17/2023 004986 BIOMETRICS4ALL, INC COLYN0112 OPERATING EXPENSE 3.75 Total: 3.75 208890 10/17/2023 013105 CALIFORNIA STREET LIGHTING 983 06-010075 PROF & CONTRACTUAL SERVICES 6,060.00 Total: 6,060.00 208891 10/17/2023 009302 CHESSER, CHRISTINE 17559298 COMMUNITY ACTIVITY EXPENSE 350.00 Page: 5 24 vchlist Check List Page: 6 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/ Account Amount 208891 10/17/2023 009302 CHESSER, CHRISTINE (Continued) 21838421 COMMUNITY ACTIVITY EXPENSE 250.00 Total: 600.00 208892 10117/2023 002319 CINDYS JUMPERS 68936 08-005186 COMMUNITY ACTIVITY EXPENSE 4,797.25 70424 08-005186 COMMUNITY ACTIVITY EXPENSE 690.50 Total: 5,487.75 208893 10/17/2023 000702 CINTAS DOCUMENT MANAGEMENT 8406465690 05-001968 OPERATING EXPENSE 870.98 Total: 870.98 208894 10/17/2023 001571 CLINICAL LAB OF SAN BERNARDINO 2301468-l YN01 06-010006 OPERATING EXPENSE 1,005.00 Total: 1,005.00 208895 10/17/2023 007129 CODE PUBLISHING COMPANY, INC. GC0011156 OPERATING EXPENSE 1,132.50 Total: 1,132.50 208896 10/1712023 012021 CONCENTRA MEDICAL CENTERS 79551345 05-001972 OPERATING EXPENSE 334,40 79992987 05-001972 OPERATING EXPENSE 253.40 80145876 05-001972 OPERATING EXPENSE 110.00 80217092 05-001972 OPERATING EXPENSE 330.40 80295370 05-001972 OPERATING EXPENSE 112,00 80516539 05-001972 OPERATING EXPENSE 77.00 80591727 05-001972 OPERATING EXPENSE 303.40 Total: 1,520.60 208897 10/17/2023 010754 COOL IMAGE WATER, DBA/ AMERICAN 1962 02-002671 PROF & CONTRACTUAL SERVICES 14.50 1972 11-002257 PROF & CONTRACTUAL SERVICES 94.25 1977 02-002671 PROF & CONTRACTUAL SERVICES 21.75 Total: 130.50 208898 10/17/2023 013725 CRAFlWATER ENGINEERING, INC. 21-058-6 PROF & CONTRACTUAL SERVICE 51,592.47 Total: 51,592.47 208899 10/17/2023 013884 DIAZ. JORGE 013884-091223 COMMISSIONER STIPEND 50.00 Total: 50.00 208900 10117/2023 001987 DISTRICT OF SOUTHERN CALIF., WATER 2023-06-T22-19 06-010076 PROF & CONTRACTUAL SERVICES 6,896.00 Page: 6 25 vchlist Check List Page: 7 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/ Account Amount 208900 10/17/2023 001987 001987 DISTRICT OF SOUTHERN CALIF., (Continued) Total: 6,896.00 208901 10/17/2023 013550 EAGLE PORTABLES SANITATION LLC 8492 08-005200 COMMUNITY ACTIVITY EXPENSE 1,093.80 Total: 1,093.80 208902 10117/2023 013455 ELITE POWER SYSTEMS 703 06-010077 REPAIRS ANO MAINTENANCE 1,588.15 Total: 1,588.15 208903 10/17/2023 008756 EQUIPMENT & SERVICES, LLC, ANIMAL 115660 ANIMAL CONTROL EXPENSE 610.34 Total: 610.34 208904 10117/2023 003317 FAIR HOUSING FOUNDATION QUARTER 1-AUGUST 11-002266 PROF & CONTRACTUAL SERVICES 1,063.96 Total: 1,063.96 208905 10/17/2023 003334 FED EX 8-270-65826 COURIER SERVICE 12.21 Total: 12.21 208906 10/17/2023 001393 FERGUSON ENTERPRISES, INC. 2954969 06-010007 OPERATING SUPPLIES 258.46 Total: 258.46 208907 10/17/2023 000003 FIRST CHOICE SERVICES 814705 06-009972 OFFICE EXPENSE 319.35 815151 01-001791 OFFICE EXPENSE 371.62 Total: 690.97 208908 10/17/2023 004425 FUN EXPRESS. LLC 726282492-01 08-005201 COMMUNITY ACTIVITY EXPENSE 3,490.57 Total: 3,490.57 208909 10/17/2023 003983 GALLS QUARTERMASTER BC1951836 11-002267 UNIFORM EXPENSE 297.68 Total: 297.68 208910 10/17/2023 011568 GO-FLEET CORPORATION lNV-039216 OPERATING EXPENSE 2,528.40 Total: 2,528.40 208911 10/17/2023 013637 GOMEZ, ROBERT RIGO 013637-091223 COMMISSIONER STIPEND 50.00 Total: 50.00 208912 10/17/2023 014023 GONZALEZ, BRISEIDA 001910-0045 RECYCLING DEPOSIT REFUND 4,420.00 Total: 4,420.00 Page: 7 26 vchlist Check List Page: 8 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 208913 10/17/2023 013702 GOOD GUARD SECURITY INC 2414 08-005190 PROF & CONTRACTUAL SERVICES 151.10 2415 08-005190 PROF & CONTRACTUAL SERVICES 151.10 2416 08-005190 PROF & CONTRACTUAL SERVICES 528.85 3051 08-005191 PROF & CONTRACTUAL SERVICES 13,810.36 3094 08-005190 PROF & CONTRACTUAL SERVICES 226.65 3095 08-005190 PROF & CONTRACTUAL SERVICES 929.27 3096 08-005190 PROF & CONTRACTUAL SERVICES 392.86 3097 08-005190 PROF & CONTRACTUAL SERVICES 151.10 3194 08-005190 PROF & CONTRACTUAL SERVICES 166.21 3195 08-005190 PROF & CONTRACTUAL SERVICES 498.63 3196 08-005190 PROF & CONTRACTUAL SERVICES 166.21 Total: 17,172.34 208914 10/17/2023 001510 GRAINGER, INC. 983095358 11-002259 OPERATING SUPPLIES 198.45 9839941078 06-010071 TRAFFIC SPEED BUMPS 9,313.12 9843095333 11-002259 OPERATING SUPPLIES 203.61 Total: 9,715.18 208915 10/17/2023 000635 IDR ENVIRONMENTAL SERVICES 81344 06-010059 PROF & CONTRACTUAL SERVICES 1,300.00 Total: 1,300.00 208916 10/17/2023 000353 INFOSEND, INC. 242317 02-002668 PRINTING AND MAILING EXPENSE 6,487.65 Total: 6,487.65 208917 10/1712023 013783 INSURANCE COMPANY, THE OHIO 4 PROF & CONTRACTUAL SERVICE 215,851.87 5 PROF & CONTRACTUAL SERVICE 148,238.30 Total: 364,090.17 208918 10/17/2023 000844 J & G GRAPHICS 05630 01-001792 PRINTING AND MAILING EXPENSE 459.57 Total: 459.57 208919 10/17/2023 008254 JCL TRAFFIC SERVICES 121076 06-010010 OPERATING SUPPLIES 370.47 Total: 370.47 208920 10/17/2023 013304 JOE A GONSALVES & SON 160826 06-010074 PROF & CONTRACTUAL SERVICES 4,000.00 160899 06-010074 PROF & CONTRACTUAL SERVICES 4,000.00 160973 06-010074 PROF & CONTRACTUAL SERVICES 4.000.00 161049 06-010074 PROF & CONTRACTUAL SERVICES 4,000.00 Page: 8 27 vchlist Check List Page: 9 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 208920 10/17/2023 013304 013304 JOE A GONSALVES & SON (Continued) Total: 16,000.00 208921 10/17/2023 000001 KING FENCE, INC 48495 06-010019 OPERATING EXPENSE 65.50 48856 06-010019 OPERATING EXPENSE 65.50 Total: 131.00 208922 10/17/2023 008353 KNORR SYSTEMS, INC. 198427 REPAIRS AND MAINTENANCE 982.21 207396 REPAIRS AND MAINTENANCE 1,012.00 Total: 1,994.21 208923 10/17/2023 013664 KOSMONT COMPANIES 211 o. 7-016 11-002269 PROF & CONTRACTUAL SERVICES 2,631.20 Total: 2,631.20 208924 10/17/2023 003331 L.A. COUNTY SHERIFF DEPT. 240334EC 01-001804 LAW ENFORCEMENT SERVICES 1,049,944.77 240335EC 01-001793 LAW ENFORCEMENT SERVICES 22,789.60 240564EC 01-001794 LAW ENFORCEMENT SERVICES 3,047.64 240623EC 01-001794 LAW ENFORCEMENT SERVICES 6,252.39 Total: 1,082,034.40 208925 10/1712023 011873 LAW ORGANIZATION,LLP, OLIVAREZ 22912 06-010064 PROF & CONTRACTUAL SERVICES 700.00 Total: 700.00 208926 10/17/2023 013945 LEE, JULIAN 013945-102623 PER DIEM 280.00 Total: 280.00 208927 10/17/2023 013945 LEE, J LILIAN 013945-082923-1 REIMB-MILEAGE EXPENSE 157.27 Total: 157.27 208928 10/17/2023 010858 LUGO, MARTIN INV00102 COMMUNITY ACTIVITY EXPENSE 500.00 Total: 500.00 208929 10/17/2023 013395 M&C CONSTRUCTION GROUP INC 2111 06-010073 OPERATING SUPPLIES 1,800.00 Total: 1,800.00 208930 10/17/2023 002861 MAGIC JUMP RENTALS,INC. 376550 08-005212 COMMUNITY ACTIVITY EXPENSE 3,583.10 Total: 3,583.10 208931 10/17/2023 002761 MARCO POWER EQUIPMENT 41212137 06-010012 OPERATING SUPPLIES 197.38 Page: 9 28 vchlist Check List Page: 10 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 208931 10/17/2023 002761 MARCO POWER EQUIPMENT (Continued) 41212138 06-010012 OPERATING SUPPLIES 132.30 41212141 06-010012 OPERATING SUPPLIES 186.43 41212142 06-010012 OPERATING SUPPLIES 80.00 41212145 06-010012 OPERATING SUPPLIES 181.30 Total: 777.41 208932 10/17/2023 006541 MARTINEZ, RIGOBERTO 17559298 REFUNDABLE DEPOSIT-FACILITY RENTAL 400.00 Total: 400.00 208933 10/17/2023 013504 MINER, LTD 5310585517 06-009991 OPERATING SUPPLIES 7,007.19 Total: 7,007.19 208934 10/17/2023 013065 MKN & ASSOCIATES 102998 06-009787 PROF & CONTRACTUAL SERVICES 39,435.87 1039198 06-009787 PROF & CONTRACTUAL SERVICES 105,658.78 Total: 145,094.65 208935 10/17/2023 009602 MOORE, LORRAINE 009602-081523 COMMISSIONER STIPEND 50.00 009602-091223 COMMISSIONER STIPEND 50.00 Total: 100.00 208936 10/17/2023 008782 MSJ ACCESS INC 91071265 06-009966 PROF & CONTRACTUAL SERVICES 1,259.68 Total: 1,259.68 208937 10/17/2023 011922 NORTH STAR LAND CARE 1601-610 06-010046 PROF & CONTRACTUAL SERVICES 2,220.00 1601-613 06-010046 PROF & CONTRACTUAL SERVICES 16,380.00 1601-614 06-010046 PROF & CONTRACTUAL SERVICES 4,590.00 Total: 23,190.00 208938 10/17/2023 000078 ODP BUSINESS SOLUTIONS,LLC 315665109001 02-002674 OFFICE SUPPLIES 29.76 327946021001 02-002674 OFFICE SUPPLIES 676.91 330597856001 08-005204 OFFICE SUPPLIES 474.05 331944646001 03-000451 OFFICE SUPPLIES 66.99 Total: 1,247.71 208939 10/17/2023 013552 ODP BUSINESS SOLUTIONS,LLC 332316458001 01-001797 OFFICE SUPPLIES 44.08 332316866001 01-001797 OFFICE SUPPLIES 18.89 Page: 10 29 vchlist Check List Page: 11 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 208939 10/1712023 013552 013552 ODP BUSINESS SOLUTIONS,LLC (Continued) Total: 62.97 208940 10/17/2023 005562 ORKIN PEST CONTROL 255366460 PEST CONTROL SERVICES 299.00 Total: 299.00 208941 10/17/2023 012548 PARKING COMPANY OF AMERICA INVM0018009 06-010023 PROF & CONTRACTUAL SERVICES 99.207.08 Total: 99,207.08 208942 10/17/2023 013835 PAT WEST LLC 0311 05-001974 PROF & CONTRACTUAL SERVICES 15,000.00 688985 05-001974 PROF & CONTRACTUAL SERVICES 888.00 691708 05-001974 PROF & CONTRACTUAL SERVICES 1,443.00 Total: 17,331.00 208943 10/17/2023 014018 PATTERSON, VAKIA 00250-0100 RECYCLING DEPOSIT REFUND 2,740.00 Total: 2,740.00 208944 10/17/2023 014022 PEREZ, ALFREDO 014022-091923 PER DIEM-REIMB TRAVEL EXPENSE 428.94 Total: 428.94 208945 10/17/2023 010945 PETDATA, INC. 12157 11-002274 PET LICENSING SERVICES 500.00 Total: 500.00 208946 10/17/2023 004854 PETTY CASH-FINANCE 004854-09182023 REPLENISH BOX 237.40 Total: 237.40 208947 10/17/2023 013486 PIEDRA, DALIA DE LA 5121 COMMUNITY ACTIVITY EXPENSE 475.00 Total: 475.00 208948 10/17/2023 013970 PINS ADVANTAGE 2616 CERTIFICATES OF INSURANCE FEE 137.50 Total: 137.50 208949 10/17/2023 007243 PUBLIC WORKS, LOS ANGELES COUNTY RE-PW-23091101245 ADMINISTRATIVE FEES 724.18 RE-PW-23091101561 ADMINISTRATIVE FEES 474.36 RE-PW-23091101562 ADMINISTRATIVE FEES 3,065.92 Total: 4,264.46 208950 10/17/2023 001057 RAMIREZ, JUAN E. 230928 03-000454 INTERPRETER SERVICES 880.00 Page: 11 30 vchlist Check List Page: 12 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 208950 10/17/2023 001057 001057 RAMIREZ, JUAN E. (Continued) Total: 880.00 208951 10/17/2023 014011 RENDEROS, JOSE 001923-0010 RECYCLING DEPOSIT REFUND 5,500.00 Total: 5,500.00 208952 10/17/2023 008690 RICOH USA, INC. 5068165246 OFFICE EXPENSE 214.12 Total: 214.12 208953 10/17/2023 005067 ROADLINE 19189 06-009983 OPERATING SUPPLIES 2,266.54 Total: 2,266.54 208954 10/17/2023 013724 ROBERT D NIEHAUS INC. 9304 06-010069 PROF & CONTRACTUAL SERVICES 7,863.68 Total: 7,863.68 208955 10/17/2023 006772 SEA CLEAR POOL, INC. 23-2775 06-010049 REPAIRS AND MAINTENANCE 529.11 23-2776 06-010049 REPAIRS AND MAINTENANCE 661.39 23-2777 06-010049 REPAIRS AND MAINTENANCE 925.95 Total: 2,116.45 208956 10/17/2023 010249 SHIPE, SHANELL 010249-110323 PER DIEM 260.00 Total: 260.00 208957 10/17/2023 002938 TAJ OFFICE SUPPLY 04076 OFFICE SUPPLIES 374.30 04104 11-002263 OFFICE SUPPLIES 66.14 04137 08-005206 OFFICE SUPPLIES 374.85 Total: 815.29 208958 10/17/2023 001211 THE BANK OF NEW YORK MELLON 252-2578287 ADMINISTRATION FEE 1,500.00 Total: 1,500.00 208959 10/17/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 49840191 08-005194 OPERATING SUPPLIES -165.31 749653382 08-005194 OPERATING SUPPLIES 171.86 763925740 06-009967 OPERATING SUPPLIES 3,214.89 764710828 06-009967 OPERATING SUPPLIES 535.16 764978375 06-009967 OPERATING SUPPLIES 48.77 765006648 06-009967 OPERATING SUPPLIES 53.68 765237359 06-009967 OPERATING SUPPLIES 58.20 765746136 06-009967 OPERATING SUPPLIES 375.01 Page: 12 31 vchlist Check List Page: 13 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 208959 10/17/2023 013215 THE HOME DEPOT PRO SUPPLY WORK (COntinued) 766145387 06-009967 OPERATING SUPPLIES 4,048.38 766446488 06-009967 OPERATING SUPPLIES 256.72 766447197 06-009967 OPERATING SUPPLIES 73.86 766936884 06-009967 OPERATING SUPPLIES 634.22 767131717 06-009967 OPERATING SUPPLIES 82.92 Total: 9,388.36 208960 10/17/2023 013487 TRUSAIC CINV-031966 05-001965 ACA COMPLIANCE 515.00 Total: 515.00 208961 10/17/2023 003001 TYLER TECHNOLOGIES, INC. 045-421490 12-000454 PROF & CONTRACTUAL SERVICES 44,763.90 Total: 44,763.90 208962 10/17/2023 007742 UUNE, INC. 168798829 06-009986 OPERATING SUPPLIES 313.22 Total: 313.22 208963 10/17/2023 000166 UNDERGROUND SERVICE ALERT/SC 23-241054 06-010028 PROF & CONTRACTUAL SERVICES 104.91 920230425 06-010028 PROF & CONTRACTUAL SERVICES 169.25 Total: 274.16 208964 10/17/2023 009742 UNIFIRST CORPORATION 2190059105 06-010029 UNIFORM SERVICE AND SUPPLIES 82.49 2190059106 06-010029 UNIFORM SERVICE AND SUPPLIES 75.17 2190059107 06-010029 UNIFORM SERVICE AND SUPPLIES 116.59 2190059108 06-010029 UNIFORM SERVICE AND SUPPLIES 125.41 2190059109 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03 2190062346 06-010029 UNIFORM SERVICE AND SUPPLIES 136.72 2190062347 06-010029 UNIFORM SERVICE AND SUPPLIES 59.85 2190062348 06-010029 UNIFORM SERVICE AND SUPPLIES 116.59 2190062349 06-010029 UNIFORM SERVICE AND SUPPLIES 125.41 2190062350 06-010029 UNIFORM SERVICE AND SUPPLIES 111.03 Total: 1,060.29 208965 10/17/2023 000461 UNITED RENTALS, INC. 224689797-001 08-005207 COMMUNITY ACTIVITY EXPENSE 915.08 Total: 915.08 208966 10/17/2023 004013 WALTERS WHOLESALE ELECTRIC CO S124012837.001 06-010030 ELECTRICAL SUPPLIES 258.01 S124012837.002 06-010030 ELECTRICAL SUPPLIES 644.52 Page: 13 32 vchlist Check List Page: 14 10/09/2023 9:34:34AM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO# Description/ Account Amount 208966 10/17/2023 004013 004013 WALTERS WHOLESALE ELECTRIC (Continued) Total: 902.53 208967 10/17/2023 002912 WATERLINE TECHNOLOGIES,INC 5653039 06-010016 OPERATING SUPPLIES 337_37 5653139 06-010016 OPERATING SUPPLIES 489.18 5653141 06-010016 OPERATING SUPPLIES 910.89 5653156 06-010016 OPERATING SUPPLIES 354.23 5654390 06-010016 OPERATING SUPPLIES 894.02 5655238 06-010016 OPERATING SUPPLIES 120.00 5655434 06-010016 OPERATING SUPPLIES 506.05 5655490 06-010016 OPERATING SUPPLIES 927.75 5655493 06-010016 OPERATING SUPPLIES 421.71 Total: 4,961.20 208968 10/17/2023 009100 WATERWORKS TECHNOLOGY,INC. 7011 06-010065 PROF & CONTRACTUAL SERVICES 34,700.00 Total: 34,700.00 208969 10/17/2023 000477 WEBSTER'S BEE REMOVAL SERVICES 2183 06-009988 PROF & CONTRACTUAL SERVICES 250.00 Total: 250.00 208970 10/17/2023 001522 WECK LABORATORIES. INC. W311608 06-010017 PROF & CONTRACTUAL SERVICES 60.00 W311609 06-010017 PROF & CONTRACTUAL SERVICES 40.00 Total : 100.00 208971 10/17/2023 000802 WEST, KENNETH 000802-081523 COMMISSIONER STIPEND 50.00 000802-091223 COMMISSIONER STIPEND 50.00 Total: 100.00 208972 10/17/2023 012137 XIO INC. 2022-12075 06-010031 PROF & CONTRACTUAL SERVICES 760.00 Total: 760.0D 93 Vouchers for bank code : apbank Bank total : 2,057,425.73 93 Vouchers in this report Total vouchers: 2,057,425.73 Page: 14 33 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY:Ernie Hernandez, City Manager PREPARED BY:Maria Quinonez, City Clerk Nancy Blinzler, Office Assistant SUBJECT: PREVIOUS MEETING MINUTES Agenda Item # 9.2. Recommendation: Staff recommends that the Lynwood City Council approve the following minutes: April 04, 2023 Regular Meeting and Closed Session Meeting April 18, 2023 Regular Meeting May 02, 2023 Regular Meeting and Closed Session May 16, 2023 Regular Meeting May 30, 2023 Special Meeting Background: N/A Discussion and Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A ATTACHMENTS: Description City Council City Council Regular Meeting 34 CC - 04.04.23 - CITY COUNCIL REG. MTG. MINUTES - Submitted 10.17.23 - nb.docx CC - 04.04.23 - CLOSED SESSION CITY COUNCIL MTG MINUTES - SUBMITTED 10.17.23 - nb.docx CC - 04.18.23 - CITY COUNCIL REG. MTG. MINUTES - SUBMITTED 10.17.23 - nb.docx CC - 05.02.23 - CITY COUNCIL REG. MTG. MINUTES - SUBMITTED 10.17.23 - nb.docx CC - 05.02.23 - CLOSED SESSION CITY COUNCIL MTG MINUTES - SUBMITTED 10.17.23 - nb.docx CC - 05.16.23 - CITY COUNCIL REG. MTG. MINUTES - SUBMITTED 10.17.23 - nb.docx CC - 05.30.23 - CITY COUNCIL REG. MTG. MINUTES - SUBMITTED 10.17.23 - nb.docx City Council City Council Regular Meeting 35 1 Lynwood City Council Regular Meeting April 4, 2023 Action Minutes 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. An audio recording of this meeting is available on the City's Web Portal: Audio (laserfiche.com). Meeting called to order at 6:00 p.m. Mayor Flores presiding via Zoom. 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, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES ABSENT: NONE STAFF City Manager Hernandez, City Attorney Tapia, City Treasurer Cuellar, PRESENT: 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 Potter House Pastor Erick. 06.PRESENTATIONS/PROCLAMATIONS • Update on Law Enforcement Issues by Sherriff’s Department. • City video(s) Women’s Conference 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 Mayor Pro Tem Soto to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:24 p.m. Motion carried by the following 5/0 vote. 36 2 ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-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 6:29 p.m. Motion carried by the following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSTAIN: NONE ABSENT: NONE Lynwood Public Financing Authority MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to recess to the Lynwood Public Financing Authority at 6:28 p.m. Motion carried by the following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-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 6:30 p.m. NON-AGENDA PUBLIC ORAL COMMUNICATIONS The following individual(s) addressed the City Council: Karmina Lopez, Los Angeles Park and Recreation spoke regarding 4185,000 Tap Funding. Miguel Orozco spoke regarding street issues and yard next to his property in poor condition. Mr. Medal submitted written communication. 37 3 PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE 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 Muñoz-Guevara requested that agenda item number eleven (11) be pulled for clarification as a separate action. MOTION: It was moved by Mayor Pro Tem Soto, seconded by Council Member Camacho to approve the balance of the consent calendar. Motion carried by the following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSTAIN: NONE ABSENT: NONE 08. APPROVAL OF THE WARRANT REGISTER Approved and Adopted RESOLUTION NO. 2023.032 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED APRIL 4, 2023 FOR FY 2022-2023 09. PREVIOUS MEETING MINUTES Approved Meeting Minutes for March 21, 2023 Regular City Council Closed Session Meeting; March 21, 2023 Regular City Council Meeting ENTITLED: Meeting Minutes for March 21, 2023 Regular City Council Closed Session Meeting; March 21, 2023 Regular City Council Meeting 10. APPROVAL OF NON-PROFIT APPLICATIONS FOR THE SALE OF SAFE AND SANE FIREWORKS Approved Approval of the five (5) qualified applications for the sale of Safe and Sane Fireworks during July 1 through July 4, 2023 ENTITLED: Approval of the five (5) qualified applications for the sale of Safe and Sane Fireworks during July 1 through July 4, 2023. 11. REJECTION OF ALL BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FY 2022-2023. 38 4 MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSTAIN: NONE ABSENT: NONE Approved and Adopted RESOLUTION NO. 2023.033 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FOR THE REJECTION OF ALL BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FY 2022-2023 New/Old Business 12. COMMERCIAL FACADE GRANT PROGRAM UPDATE MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to approve the item with noted verbiage to allow 75 maximum applicants. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSTAIN: NONE ABSENT: NONE: Approved Amended guidelines for the Commercial Façade Program to increase the grant award between $20,000-$25,000 with Maximum 75 Applicants ENTITLED: Amended guidelines for the Commercial Façade Program to increase the grant award between $20,000-$25,000 with Maximum 75 Applicants 13. APPROVAL OF THE LYNWOOD PARK MEGA PLAYGROUND PROJECT CONCEPT AND AUTHORIZATION TO SOLICIT PROPOSALS MOTION: It was moved by Council Member Camacho, seconded by Council Member Solache to approve the item. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSTAIN: NONE ABSENT: NONE Approved and Adopted RESOLUTION NO. 2023.034 39 5 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE LYNWOOD PARK MEGA PLAYGROUND PROJECT CONCEPT AND AUTHORIZATION TO SOLICIT PROPOSAL 14. SECOND READING AND ADOPTION OF ORDINANCE NO. 1757 - GRANTING A NONEXCLUSIVE FRANCHISE TO TORRANCE PIPELINE COMPANY MOTION: It was moved by Council Member Camacho, seconded by Mayor Pro Tem Soto to approve the item. Motion carried by following 4/1 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: COUNCIL MEMBER MUÑOZ-GUEVARA ABSTAIN: NONE ABSENT: NONE Approved and Adopted ORDINANCE NO. 1757 ENTITLED: ORDINANCE NO. 1757 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 GRANTING A NONEXCLUSIVE FRANCHISE TO TORRANCE PIPELINE COMPANY 15. REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS AND ANNUAL BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST City Manager Hernandez requested this item continued to the next Council meeting Continued to Next Meeting ENTITLED: REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS and ANNUAL BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST ADJOURNMENT At 7:46 p.m., it was moved by Council Member Muñoz-Guevara to adjourn the meeting in memory of Anna Maria Casares Class of 2004, seconded by Council Member Solache followed with 5/0 vote to adjourn the Regular Lynwood City Council Meeting. __________________________ ____________________________ Maria Quiňonez, City Clerk Oscar Flores, Mayor /nb 40 Lynwood City Council Regular Meeting Closed Session April 4, 2023 Action Minutes 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 Flores presiding via Zoom. 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, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES ABSENT:NONE STAFF PRESENT: City Manager Hernandez, City Attorney Tapia, City Clerk Quiňonez, Human Resources Director Matson, Public Works Director Lee, and Recreation Director Flores. ABSENT:City Treasurer Cuellar, Community Development Director Linares and Technology Director Han 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. ROLL CALL: AYES: COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE 41 ABSTAIN:NONE ABSENT:NONE The City Attorney read the City Council into closed session. 04. A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 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: Staff made 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. Motion carried by 5-0 vote ROLL CALL: AYES: COUNCIL MEMBERS CAMACHO, MUÑOZ-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 6:00 p.m. Maria Quiňonez, City Clerk Oscar Flores, Mayor /nb 42 1 Lynwood City Council Regular Meeting Action Minutes April 18, 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 1-253-215-8782 Meeting ID: 835 2029 8238 on the above date at 6:00 p.m. An audio recording of this meeting is available on the City’s Web Portal: Audio 2023 (Laserfiche.com). Meeting called to order at 6:00 p.m. Mayor Flores 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, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES ABSENT: NONE STAFF PRESENT: City Manager Hernandez, City Attorney Tapia, City Treasurer Cuellar, and City Clerk Quiňonez 04. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers and Mr. Percy Brown. 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)). • Lynwood High School – CIF State Division 5 Champions • City Video(s) 07.COUNCIL RECESS TO: Lynwood Housing Authority MOTION: It was moved by Commissioner Solache, seconded by Vice Chair Soto to recess to the Lynwood Housing Authority at 6:42 p.m. Motion carried by 5/0 vote. 43 2 ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT:NONE Lynwood Utility Authority MOTION: It was moved by Member Camacho, seconded by Vice President Soto to recess to the Lynwood Public Financing Agency at 6:43 p.m. Motion carried by 5/0 vote. ROLL CALL: AYES:MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, VICE PRESIDENT SOTO AND PRESIDENT FLORES NOES:NONE ABSTAIN:NONE ABSENT:NONE The City Council reconvened to the regular City Council meeting at 6:44 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE NON-AGENDA PUBLIC ORAL COMMUNICATIONS The following individual(s) addressed the City Council: Senator Lena A. Gonzalez’s office provided a written comment regarding housing. Erick Medal spoke regarding his concern with the Sheriff’s Department and rent control. Maricruz Sanchez regarding her appointment to the Community Development Block Grant Board. Martina Rodriguez regarding her concern with the “power of 3”, within the community. 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. 44 3 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, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT:NONE 08.1. APPROVAL OF THE WARRANT REGISTER Approved and Adopted RESOLUTION NO. 2023.035 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED APRIL 18, 2023 FOR FY 2022-2023. 08.2. THIRD QUARTER FINANCIAL REPORT, FISCAL YEAR 2022-23 Received and Filed THIRD QUARTER FINANCIAL REPORT, FISCAL YEAR 2022-23 08.3. AMENDED ACTION MEETING MINUTES FOR THE CITY COUNCIL FEBRUARY 21, 2023 REGULAR MEETING Approved AMENDED ACTION MEETING MINUTES FOR THE CITY COUNCIL FEBRUARY 21, 2023 REGULAR MEETING New/Old Business 09.1. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HIGHWAY AND RUTH AVENUE PROJECT (CIP 4011.68.115) 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: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT:NONE Approved and Adopted RESOLUTION NO. 2023.036 45 4 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING STAFF TO SOLICIT A NOTICE INVITING BIDS FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF IMPERIAL HIGHWAY AND RUTH AVENUE PROJECT (CIP 4011.68.115) 09.2. COMMERCIAL FACADE GRANT PROGRAM AMENDMENT MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to approve the item. Motion carried by 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT:NONE Approved and Adopted RESOLUTION NO. 2023.037 ENTITLED: A Resolution of the City council of the City of Lynwood amending the Commercial Façade Grant program and the appropriation amount in ARPA funding for program implementation ADJOURNMENT At 7:24 p.m., it was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to adjourn the Regular Lynwood City Council Meeting. _________________________________________________ Maria Quiňonez, City Clerk Oscar Flores, Mayor /nb 46 1 Lynwood City Council Regular Meeting May 2, 2023 Action Minutes 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 Flores 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 ABSENT: NONE STAFF PRESENT: City Manager Hernandez, City Attorney Tapia, City Treasurer Cuellar,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 Videos. • Pageant of the Arts Winners. 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 Mayor Pro Tem Soto to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:36 p.m. Motion carried by the following 5/0 vote. 47 2 ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-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 6:29 p.m. Motion carried by the following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-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 6:39 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE NON-AGENDA PUBLIC ORAL COMMUNICATIONS The following individual(s) addressed the City Council: Paulette Bradley spoke regarding the Senior Center. Joaquin Mesinas thanked the City Manager. Maria Estrada spoke regarding her Public Records Requests. Mr. Medal submitted written communication. Consent Calendar All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items 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 and receive and file staff reports. Motion carried by the following vote: 48 3 ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN: NONE ABSENT: NONE 08.1. APPROVAL OF THE WARRANT REGISTER Approved and Adopted RESOLUTION NO. 2023.038 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED MAY 2, 2023 08.2. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH AVANT GARDE INC. OF PROVIDING ADMINISTRATIVE SERVICES FOR THE COMMERCIAL Approved and Adopted RESOLUTION NO. 2023.039 AND FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH AVANT GARDE INC. TO PROVIDE ADMINISTRATIVE SERVICES FOR THE COMMERCIAL FAÇADE GRANT PROGRAM ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT WITH AVANT GARDE INC FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SERVICES FOR THE COMMERCIAL FAÇADE GRANT PROGRAM 08.3. AWARD OF CONTRACT TO SA ASSOCIATES FOR LONG BEACH METER UPGRADE AND LINE ABANDONMENT DESIGN PROJECT NO. 4011.68.065 Approved and Adopted RESOLUTION NO. 2023.040 AND PROFESSIONAL SERVICE AGREEMENT WITH SA ASSOCIATES FOR PROJECT NO. 4011.68.065 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO SA ASSOCIATES FOR LONG BEACH METER UPGRADE AND LINE ABANDONMENT DESIGN PROJECT NO. 4011.68.065, IN THE AMOUNT OF $250,000; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT 08.4. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS FOR SEWER SYSTEM IMPROVEMENTS FY 2023 Approved and Adopted RESOLUTION NO. 2023.041 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING STAFF TO SOLICIT A NOTICE INVITING BIDS FOR SEWER SYSTEM IMPROVEMENTS FY 2023 49 4 08.5. PROJECT ACCEPTANCE OF THE LYNWOOD URBAN BIKE TRAIL PROJECT (CIP NO’s. 4011.68.046 AND 4011.68.084) Approved and Adopted RESOLUTION NO. 2023.042 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE LYNWOOD URBAN BIKE TRAIL AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFCE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE New/Old Business 09.1. APPROVAL AND AWARD OF CONTRACT TO NATIONAL PLANT SERVICES FOR THE CITY OF LYNWOOD ANNUAL SANITARY SEWER MAINTENANCE SERVICES MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to approve the item. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN: NONE ABSENT: NONE Approved and Adopted RESOLUTION NO. 2023.043 and Professional Services Agreement with National Plant Services as an independent contractor to perform Annual Sewer Maintenance tasks ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO NATIONAL PLANT SERVICES AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $744,183.57 FOR FY 2023/24 THROUGH FY 2026/27 ANNUAL SEWER MAINTENANCE; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT 09.2. UPDATE OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM Received and Filed REPORT ON UPDATE OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM ENTITLED: REPORT ON UPDATE OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM 50 5 09.3. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS FOR IMPERIAL HIGHWAY CORRIDOR CAPACITY MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN: NONE ABSENT: NONE Approved and Adopted RESOLUITION NO. 2023.044 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING STAFF TO SOLICIT A NOTICE INVITING BIDS FOR IMPERIAL HIGHWAY CORRIDOR CAPACITY ENHANCEMENTS FROM STATE STREET TO WRIGHT ROAD, PROJECT (CIP 4011.68.106) 09.4. COMMERCIAL FACADE GRANT PROGRAM APPLICATION STATUS MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to receive and file staff report. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN: NONE ABSENT: NONE Received and Filed COMMERCIAL FACADE GRANT PROGRAM APPLICATION STATUS REPORT 09.5. REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS AND ANNUAL BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to approve appointments of Maricruz Sanchez to CDBG Board and continuance of Robert Gomez to Planning Commission until further notice. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN: NONE ABSENT: NONE 51 6 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 9:23 p.m. Maria Quiňonez, City Clerk Oscar Flores, Mayor /nb 52 1 Lynwood City Council Regular Meeting Closed Session May 2, 2023 Action Minutes 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 Flores 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, MUÑOZ-GUEVARA AND MAYOR FLORES COUNCIL MEMBER SOLACHE AND MAYOR PRO TEM SOTO ARRIVED LATE TO JOIN IN CLOSED SESSION ABSENT:NONE STAFF PRESENT: City Manager Hernandez, City Attorney Tapia, City Clerk Quiňonez, City Treasurer Cuellar, Community Development Director Linares, Human Resources Director Matson, Public Works Director Lee, Recreation Director Flores and Technology Director Han. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE NON-AGENDA PUBLIC ORAL COMMUNICATIONS NONE Closed Session MOTION: It was moved by Council Member Camacho, seconded by Council Member Muñoz-Guevara to recess to closed session. Motion carried by 3-0 vote. 53 2 ROLL CALL: AYES: COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT:COUNCIL MEMBER SOLACHE AND MAYOR PRO TEM SOTO ARRIVED LATE TO JOIN IN CLOSED SESSION The City Attorney read the City Council into closed session. 04. 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 – ANTICIPATED LITIGATION The City Council is meeting with legal counsel to consider whether to initiate litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Number of Cases: One (1) B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager C. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Ernie Hernandez Employee Organization: Lynwood Employees' Association and Lynwood Employees' Management Group 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 4B: Staff made presentation, City Council provided feedback and no final reportable action was taken. He stated that items 4A and 4C were not discussed and indicated the intent to resume discussion of those items in closed session after consideration of the regular meeting agenda items. He noted that the closed session meeting would remain open at this time. RECESS/RECONVENE Mayor Flores called to order City Council regular meeting at 6:01 p.m. Mayor Flores requested a motion to resume closed session at 7:52 p.m. MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to resume closed session. Motion carried by 5-0 vote: 54 3 ROLL CALL: AYES: COUNCIL MEMBERS CAMACHO, MUÑOZ-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 9:23 p.m. Maria Quiňonez, City Clerk Oscar Flores, Mayor /nb 55 1 Lynwood City Council Regular Meeting May 16, 2023 Action Minutes 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. An audio recording of this meeting is available on the City's Web Portal: Audio laserfiche.com). Meeting called to order at 6:01 p.m. Mayor Flores 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, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES ABSENT: NONE STAFF PRESENT: City Manager Hernandez, City Attorney Tapia, City Treasurer Cuellar, 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 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 – Lynwood Bike Trail • Proclamations –Older Americans Month 07.COUNCIL RECESS TO: City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency MOTION: It was moved by Mayor Pro Tem Soto, seconded by Council Member Camacho to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:29 p.m. Motion carried by the following 5/0 vote. 56 2 ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT: NONE Lynwood Public Financing Authority MOTION: It was moved by Member Muñoz-Guevara, seconded by Member Solache to recess to the Lynwood Public Financing Agency at 6:35 p.m. Motion carried by the following 5/0 vote. ROLL CALL: AYES:MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, VICE PRESIDENT SOTO AND PRESIDENT FLORES NOES:NONE ABSTAIN:NONE ABSENT: NONE The City Council reconvened to the regular City Council meeting at 6:36 p.m. NON-AGENDA PUBLIC ORAL COMMUNICATIONS Written Comments were received from: Mr. Medal regarding Los Angeles Sheriff Organization and Rent Control PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) The following individual(s) addressed the City Council regarding Agenda Item 09.1 “Qualification of Referendum Petition Challenging Ordinance No. 1756 Establishing a Minimum wage of $25.00 Per Hour For qualifying Healthcare Workers in the City of Lynwood”: Gabriel Montoya Mayra Castaneda Steve Jones Sonia Rodriguez The following individual(s) addressed the City Council regarding Agenda Item 09.2 “The Lynwood Cannabis Retail Sales Business License Selection Process Phase III” Roberto Castro Freddy Avellaneda Maria Estrada Doris Maria Arellano Sal Alatorre Irma Rodriguez 57 3 Resident Martina Rodriguez Evangeline Cruz Yesenia Aquino Ana Barraza Abugida Cynthia Santiago Carlos Written Comments were received from: Carmen Colin regarding Marijuana Dispensaries Freddy Avellaneda regarding Marijuana Dispensaries 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 Camacho, seconded by Mayor Pro Tem Soto to approve the consent calendar the consent calendar and receive and file staff reports. Motion carried by the following 5/0 vote: ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT: NONE 08.1. APPROVAL OF THE WARRANT REGISTER Approved and Adopted RESOLUTION NO. 2023.045 ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANT REGISTER DATED MAY 16, 2023. 08.2. AWARD OF CONTRACT AND APPROVAL TO RE CHAFFEE CONSTRUCTION INC.FOR THE LARGE ADVANCED METERING INFRASTRUCTURE REPLACEMENT PROJECT FY 2022- 2023; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Approved and Adopted RESOLUTION NO. 2023.046 AND CONTRACT WITH R.E. CHAFFEE CONSTRUCTION INC. ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO RE CHAFFEE CONSTRUCTION INC. AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $180,475.00 FOR THE LARGE ADVANCED METERING INFRASTRUCTURE REPLACEMENT PROJECT FY 2022-2023; AUTHORIZING THE CITY MANAGER TO APPROVE AGREEMENT AMENDMENTS RELATED TO THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT 58 4 08.3. PROJECT ACCEPTANCE OF THE SIDEWALK IMPROVEMENT PROJECT AT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23 PROJECT (CIP 4011.68.022) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFCE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE Approved and Adopted RESOLUTION NO. 2023.047 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SIDEWALK IMPROVEMENT PROJECT AT WRIGHT ROAD FROM FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23 PROJECT (CIP 4011.68.022) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFCE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE 08.4. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FOR FY 2023-2024 Approved and Adopted RESOLUTION NO. 2023.048 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE CITYWIDE SLURRY SEAL (PHASE 3) PROJECT FOR FY 2023-2024 08.5. CLEAN POWER ALLIANCE FEASIBILITY STUDY Approved and Adopted RESOLUTION NO. 2023.049 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING BUDGETARY TRANSFER FROM UNAPPROPRIATED GENERAL FUND TO PUBLIC WORKS ACCOUNT NUMBER 1011.45.401.62015 IN THE AMOUNT OF $10,000 08.6. NOVEMBER 8, 2022 GUBERNATORIAL GENERAL ELECTION, EXPENDITURE BUDGET ADJUSTMENT TO FISCAL YEAR 2022-23 ADOPTED BUDGET Approved and Adopted RESOLUTION NO. 2023.050 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING BUDGETARY TRANSFER FROM UNAPPROPRIATED GENERAL FUND TO ELECTION EXPENDITURES ACCOUNT NUMBER 1011.15.105.62020 IN THE AMOUNT OF $92,716.74 New/Old Business 09.1. QUALIFICATION OF REFERENDUM PETITION CHALLENGING ORDINANCE NO. 1756 ESTABLISHING A MINIMUM WAGE OF $25.00 PER HOUR FOR QUALIFYING HEALTHCARE WORKERS IN THE CITY OF LYNWOOD MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT: NONE 59 5 City Council directed Staff to prepare a resolution to submit Ordinance No. 1756 to Lynwood Voters at the next Regular Municipal Election on November 5, 2024 09.2. THE LYNWOOD CANNABIS RETAIL SALES BUSINESS LICENSE SELECTION PROCESS PHASE III City Attorney Tapia pull item to be continued to future date for consideration of allegations 09.3. ACCEPTANCE OF 2023 SCLARC “SOCIAL RECREATION” PROGRAM AGREEMENT AND GRANT FUNDING 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, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT: NONE Approved and Adopted RESOLUTION NO. 2023.051 AND AN AGREEMENT WITH THE SOUTH CENTRAL L.A. REGIONAL CENTER ENTITLED: A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE SOUTH CENTRAL L.A. REGIONAL CENTER FOR THE 2023 SOCIAL RECREATION PROGRAM 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 8:41 p.m. in memory of Gloria Molina. Maria Quiňonez, City Clerk Oscar Flores, Mayor /nb 60 1 Lynwood City Council Special Meeting May 30, 2023 Action Minutes 01. CALL TO ORDER The City Council Special 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. An audio recording of this meeting is available on the City's Web Portal: Audio (laserfiche.com). Meeting called to order at 5:31 p.m. Mayor Flores 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 ABSENT: NONE STAFF PRESENT: City Manager Hernandez, City Attorney Tapia, City Treasurer Cuellar and City Clerk Quiňonez 04. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Council Member Camacho. 05.INVOCATION The invocation was offered by City Clerk Quiňonez. 06.PRESENTATIONS/PROCLAMATIONS NON-AGENDA PUBLIC ORAL COMMUNICATIONS The following individual(s) addressed City Council: Paulette Bradley – CEHAT Maria Bernal Yesenia Aquino Irma Rodriguez Hezi Kashmun PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) None 61 2 NEW/OLD BUSINESS 06.1. PROPOSED 2023-2025 BIANNUAL CITYWIDE BUDGET STUDY SESSION MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to receive and file information from Study Session. Motion carried by following 5/0 vote. ROLL CALL: AYES:COUNCIL MEMBERS CAMACHO, MUÑOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES:NONE ABSTAIN:NONE ABSENT: NONE Budget Information Review and Discussion ENTITLED: PROPOSED 2023-2025 BIANNUAL CITYWIDE BUDGET STUDY SESSION ADJOURNMENT Having no further discussion, it was moved by Council Member Muñoz-Guevara, seconded by Council Member Solache to adjourn the Lynwood City Council Special Meeting at 7:10 p.m. Maria Quiňonez, City Clerk Oscar Flores, Mayor /nb 62 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY:Ernie Hernandez, City Manager PREPARED BY: Julian Lee, Director of Public Works George Cambero, Interim Utility Manager SUBJECT: APPROVAL TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH MKN & ASSOCIATES FOR ADDITIONAL SCOPE OF WORK TO COMPLETE THE DESIGN OF THE RESERVOIR AND BOOSTER PUMP STATION AND REDUCE THE FUND BALANCE OF CAPITAL IMPROVEMENT PROJECT (CIP) 4011.67.894 WELL #22 Agenda Item # 9.3. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MKN & ASSOCIATES FOR ADDITIONAL SCOPE OF WORK TO COMPLETE THE DESIGN OF THE RESERVOIR AND BOOSTER PUMP STATION (CIP 4011.67.056) FOR A NOT TO EXCEED AMOUNT OF $100,000.00; AND APPROVING A BUDGETARY TRANSFER OF $100,000 FROM CIP NO. 4011.67.894, WATER WELL 22 TO CIP 4011.67.056” Background: On December 2, 2019, the City completed a study titled “Final Reservoir and Booster Study for the City of Lynwood” prepared by Water Systems Consulting, Inc. The study identified initial recommendations to include a storage reservoir and booster station at the City owned Burke-Ham Park. Discussion and Analysis: City Council City Council Regular Meeting 63 On September 20, 2022, City Council approved a Professional Services Agreement to MKN & Associates to provide following work: Part 1: Preliminary Design Report for Reservoir and Booster Station – Consultant will recommend the appropriate reservoir capacity, material type, and booster pump design. Part 2: Design Plans and Bid Documents – Consultant will prepare final design plans and bidding specifications package, which will contain an engineering cost estimate of probable construction costs related to the Water Reservoir and Booster Pump Station. Part 3: Environmental/Permitting Support – Consultant will prepare environmental and permit related documents/applications for overall project construction (local, state, and federal requirements). MKN & Associates completed the Preliminary Design Report for the Reservoir and Booster station and recommended a change from a 3 Million Gallon Tank to a 2 Million Gallon Tank. This will reduce overall construction costs, risks, and reduce the space needed for the project at Burke- Ham Park. MKN & Associates provided a proposal to perform additional design and environmental services related to the Burke-Ham Park Reservoir and Pump Station Project. The services provided in this amendment were identified in coordination with City staff and will be completed in conjunction with final design services (60% Design). Additional Scope of Work requested: Project Management – Duration Extension (6 months) Extension to complete design and provide assistance through the bid to notice for construction. $12,594 Geotechnical Investigation – Cone Penetrometer Tests Increased depth sampling to determine seismic tolerance limits.$ 7,480 Design Modifications – Tank Size Modification/PS Modification Recommended reduction from 3MG to 2MG will reduce construction costs by an estimated $1.6M $37,348 City Council City Council Regular Meeting 64 Ham Park Reservoir and PS_Amendment No. 1_September 2023 (1).pdf MKN Associates Amendment 1.pdf Resolution - MKN__Associates_Amendment__Resolution.docx CEQA – Environmental State Revolving Fund (SRF) Loan Support Additional Technical Studies – a Biological Resource Assessment (BRA) and a Historic Properties Inventory Report (HPIR) is required as part of the Drinking Water State Revolving Fund application package to meet the “CEQA-Plus” requirements for funding the construction of the project. $41,818 Total $99,241 Fiscal Impact: The additional funding request of $100,000 will be funded from CIP 4011.67.894 Water Well 22 due to the financial savings from the reduction of services required for the well profiling project. The funding transfer will increase the FY 24 budget for the Reservoir & Booster Station Design project from $217,000 to $317,000. The design project funding requires a budgetary transfer as follows: APPROPRIATION Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 67 894 62015 WATER WELL #22 Transfer Out $100,000 Budgetary Transfer In 4011 67 056 62015 Reservoir & Booster Station Design $100,000 Coordinated With: City Manager’s Office Department of Finance and Administration Services ATTACHMENTS: Description City Council City Council Regular Meeting 65 City of Lynwood - Ham Park Reservoir and Pump Station Amendment No. 1 September 2023 Page 1 N:\Lynwood\Lynwood-2022-001 Water Storage Res No. 2\100 PM\102 Contracts\Contract Mods\Amendment No. 1-3 Combined\Ham Park Reservoir and PS_Amendment No. 1_September 2023.docx May 15, 2023 Mir T. Fattahi, PE City Engineer City of Lynwood (Submitted Electronically) RE: Amendment No. 1 for Ham Park Reservoir and Pump Station Design Mr. Fattahi, MKN & Associates, Inc., (MKN) is pleased to provide this proposal for performing additional design and environmental services related to the Ham Park Reservoir and Pump Station Project. The services provided in this amendment proposal were identified in coordination with City of Lynwood (City) staff and will be completed in conjunction with final design services (60% Design). As noted in the scope descriptions, these additional items will assist the City in reducing project cost and risk. Table 1 provides a contract value overview with the base contract, proposed amendment and revised contract total. Table 1 – Contract Overview DESCRIPTION VALUE Base Contract – Lynwood Reservoir and Pump Station $599,692 Amendment No. 1 Total $99,241 Task 1.4 - Duration Extension (6 months) $12,594 Task 2.2 - Cone Penetrometer Tests $7,480 Task 2.5 - Tank Size Modification/ PS Modification $37,348 Task 3.3 - Environmental SRF Support $41,818 Revised Contract Amount $698,933 The following scope of work outlines the proposed project tasks included in Amendment No. 1. Scope of Work Task 1.4 – Project Management The original contract was awarded with a contract start date of October 17th, 2022. The project management budget was prepared with a stated assumption of 10 months, which equated to August 2023. To ensure adequate input from all City departments and additional time to implement project optimizations, the project is not anticipated to be completed until March 2024. This scope includes budget for the additional six months. The per month effort is consistent with the original contract. 66 City of Lynwood - Ham Park Reservoir and Pump Station Amendment No. 1 September 2023 Page 2 N:\Lynwood\Lynwood-2022-001 Water Storage Res No. 2\100 PM\102 Contracts\Contract Mods\Amendment No. 1-3 Combined\Ham Park Reservoir and PS_Amendment No. 1_September 2023.docx Task 2.2 – Geotechnical Investigation As part of Lynwood Reservoir and Pump Station Task Group 2.2: Geotechnical Investigation, MKN’s subconsultant Cotton, Shires & Associates (CSA) will be performing two to three hollow-stem-auger borings in the proposed reservoir and pump station locations. As part of the data request for the project, MKN recently received the 2007 Geotechnical Report for Ham Park prepared by Converse Consultants. Based on the review of CSA and the project structural engineers (Peterson Structural Engineers, PSE), it has been determined that the seismically-induced settlement due to liquefaction of soils below the reservoir and pump station may exceed tolerable limits for differential settlement provided by PSE. At this time, CSA has proposed the addition of CPTs to depths of 60 feet within the proposed improvement areas in order to better assess liquefaction in order to provide evaluation, recommendations, and ground improvement alternatives (if necessary) as part of the geotechnical report being prepared as part of this project. CPTs will be beneficial for this project because they are able to provide a continuous soil profile and observe thinner soil layers that may not be observable with a boring, allowing for a refined analysis of seismically-induced hazards. CPTs are the industry standard for evaluation of problematic seismically- induced settlement and are extremely useful in evaluating potential ground improvement alternatives. Performance of CPTs has the potential to provide construction cost savings by reducing or avoiding the need for ground improvement or conservative foundation design that may otherwise be necessary based on the boring data and analysis alone. The potential for construction cost savings is substantial compared to the costs of CPTs. • Advancing three Cone Penetrometer Tests to depths of 60 feet within the proposed improvement areas. CPTs are performed by hydraulically pushing an instrumented 1.4‐inch‐diameter cone‐ tipped probe into the ground at a constant rate. Electrical transducers measure tip resistance and sleeve friction near‐continuously (every 2 cm) during the sounding, and the data are recorded in the field with a computer. • Data will be processed and correlated to provide engineering information (e.g. soil classification and shear strength) and will be correlated with the information from the borings. Deliverables: • Data from CPTs will be incorporated into the geotechnical report. Task 2.5 – Modify Reservoir Size/ Pump Station Modifications The Reservoir and Booster Study (WSC, 2019) included in Section 5.4 Recommendations that, “A 2.00 MG to 3.00 MG reservoir and an additional 2,600 gpm of pumping capacity would sufficiently meet the City’s goals for the project…”. The focus of MKN’s Preliminary Design Report (PDR) and 30% design was to maximize capacity of the project which included a 3 MG reservoir. Based on the results of the cost estimate, the City has selected to reduce the reservoir to 2 MG which will reduce construction cost by an estimated $1.6M (based on original WSC estimates). The reduction also provides additional benefits including reduced impact during construction and reduced traffic impacts due to a reduction in truck trips. 67 City of Lynwood - Ham Park Reservoir and Pump Station Amendment No. 1 September 2023 Page 3 N:\Lynwood\Lynwood-2022-001 Water Storage Res No. 2\100 PM\102 Contracts\Contract Mods\Amendment No. 1-3 Combined\Ham Park Reservoir and PS_Amendment No. 1_September 2023.docx In addition, MKN received comments during 60 percent development to shift the configuration of the pumps within the pump station, which resulted in the relocation of the electrical room. In addition, the potable water connection was shifted due to a lack of information regarding the existing cross park pipeline. Both modifications required updates to multiple construction sheets during preparation of the 60 percent deliverable. Assumptions • No change to reservoir depth. The earth pressure and static/seismic settlement estimates are predicated mostly on the tank bottom elevation. MKN assumes that the depth of the reservoir will not be changed from the 30% design. A change in depth may require an update to the geotechnical report. • The following sections of the DRAFT PDR will be updated: Section 1 – Introduction, Section 2 – Reservoir Design Criteria and Section 8 – Cost Estimate • Appendix D – 30% Design Drawings a. Remove D-001, C-102, C-103, M-206, M-207, M-208 (these will be updated at 60%) b. Update G-004, D-001, C-101, C-104, C-105, M-501 (6 total sheets) c. No change to structural sheets for Final PDR Deliverables: Final PDR and 30% Design (PDF) Task 3.3 CEQA-Plus Technical Studies Our current scope of work for Task 3 includes completion of a biological resources field survey and a desktop review of cultural resources impacts with the results to be included in a Class 32 Categorical Exemption report for compliance with the California Environmental Quality Act (CEQA). However, we anticipate the SWRCB will require submittal of two standalone technical studies - a Biological Resources Assessment (BRA) and a Historic Properties Inventory Report (HPIR) - as part of the project’s DWSRF application package to meet the “CEQA-Plus” requirements of this funding program. The following tasks outline the additional scope of work necessary to prepare these technical studies. Task 3.3.1 Biological Resources Assessment Per guidance from the SWRCB, a stand-alone BRA is required as part of the CEQA-Plus documentation in support of the DWSRF funding pursuit. Rincon will perform a desktop literature review to gather information regarding biological resources present in the project area and a field reconnaissance survey to document existing biological conditions within the project area in accordance with our current scope of work for Task 3. Under Task 3.3.1, Rincon will present the findings of the literature review/database research and field reconnaissance survey results in a BRA report. The report will include documentation for federal regulations to meet CEQA-Plus requirements, including, as applicable, identification of impacts to federally listed species and federal Clean Water Act Section 404 wetlands and waters. The BRA report will also include a discussion of the applicability of and project consistency with applicable federal Executive Orders regarding wetlands and floodplain management as well as the Coastal Zone Management Act and wild/scenic rivers in compliance with CEQA-Plus requirements. Assumptions 68 City of Lynwood - Ham Park Reservoir and Pump Station Amendment No. 1 September 2023 Page 4 N:\Lynwood\Lynwood-2022-001 Water Storage Res No. 2\100 PM\102 Contracts\Contract Mods\Amendment No. 1-3 Combined\Ham Park Reservoir and PS_Amendment No. 1_September 2023.docx • The BRA is intended to support the preparation of CEQA-Plus environmental documentation. • The Area of Potential Effects (APE) will be limited to the construction footprint. • A brief discussion of jurisdictional waters, and not a full jurisdictional delineation, will be required • No meetings with the City or other regulatory agencies related to biological resources are anticipated to be necessary and, as such, are not included in this scope of work. • Rincon will address one round of consolidated comments from MKN and one round of consolidated comments from the City, each to be provided in electronic, editable format. We assume that revisions based on comments will be minor and will not require substantive changes. • The BRA will be submitted in electronic format; no hard copies will be provided. Task 3.3.2 Historic Properties Inventory Report The Historic Property Identification Report (HPIR) will comply with the CEQA and federal cross-cutting requirements detailed on the SWRCB website with regard to Section 106 of the National Historic Preservation Act (Section 106). Issuance of DWSRF funds by the SWRCB is considered equivalent to a federal action, thereby necessitating compliance with Section 106. To ensure confidentiality, the HPIR will be submitted to SWRCB cultural resources staff and not through the SWRCB Financial Assistance Applications Submittal Tool. Rincon will conduct a California Historical Resources Information System records search of the project APE and a 0.5-mile radius as well as a Sacred Lands File (SLF) search and will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) search and a list of Native American contacts as part of our current scope of work under Task 3. Under Task 3.3.2, the following tasks will be completed in preparation of the HPIR: • Delineation of the APE. Rincon will prepare an APE map for the project, which will be limited to areas of direct project construction because the project does not appear to have to potential to affect the surrounding environment from a cultural resources perspective. • Native American Consultation Support. In support of SWRCB’s compliance with Section 106, Rincon will conduct outreach to local Native American individuals and groups who may have knowledge of, or concern with, cultural resources in the APE’s vicinity. Rincon will solicit additional information pertaining to the Native American sensitivity of the project site from the Native American contacts provided by the NAHC. Rincon will prepare and mail/email letters to each of the NAHC-listed contacts to inquire as to whether they are aware of any Native American cultural resources within or immediately adjacent to the project APE. Rincon will allow two weeks for review, then follow-up with each contact by telephone and/or email. A maximum of two telephone calls will be made to each of the contacts to document “good-faith” efforts to follow- up and the results will be documented in a communications log. Pursuant to SWRCB HPIR preparation guidance, the tribal outreach appendix, including the NAHC correspondence, tribal outreach, and correspondence and communications log, will be appended to the HPIR. This outreach does not constitute formal Assembly Bill 52 consultation as required by CEQA, which we assume will not be required because the City is planning to utilize a Class 32 Categorical Exemption for the project to achieve compliance with CEQA. 69 City of Lynwood - Ham Park Reservoir and Pump Station Amendment No. 1 September 2023 Page 5 N:\Lynwood\Lynwood-2022-001 Water Storage Res No. 2\100 PM\102 Contracts\Contract Mods\Amendment No. 1-3 Combined\Ham Park Reservoir and PS_Amendment No. 1_September 2023.docx • Local Interested Party Consultation Support. In support of SWRCB’s compliance with Section 106, Rincon will contact individuals and organizations who may have knowledge of, or concerns with, potential historic properties in the APE’s vicinity. This effort may include inquiries to local governments and local historical societies regarding their knowledge of historic properties in the immediate vicinity of the APE. Rincon will allow two weeks for review, then follow -up with each contact by telephone. A maximum of two telephone calls will be made to each of the contacts to document “good-faith” efforts to follow-up. • Cultural Resources Survey. Upon completion of the records search, a Rincon cultural resources specialist will conduct a pedestrian survey using transects spaced at maximum intervals of five meters over all exposed ground surface within the project APE. Transect accuracy will be maintained through use of a hand-held global positioning system unit. Preliminary desktop review of the project site indicates the City’s Yvonne Burke‐John D. Ham Park, in which the project site is located, appears to have been established in the early 2000s based on a review of aerial photographs. Therefore, this scope and cost assume that neither the park itself nor any surrounding properties will require recordation and evaluation because they do not meet the historic-age thresholds generally triggering the need for evaluation on California Department of Parks and Recreation (DPR) Series 523 forms. Should cultural resources requiring recordation and/or evaluation be identified by the proposed study, a scope amendment would be required. • Historic Property Identification Report Preparation. Upon completion of the records search and cultural resources survey, Rincon will prepare the HPIR. The HPIR will document the methods and results of the study as well as provide management recommendations for identified historic properties as appropriate. The HPIR will include figures depicting the APE and vicinity and will discuss all topics identified in the HPIR guidelines. Pursuant to SWRCB HPIR preparation guidance, the records search results will be appended to the HPIR. Assumptions • The HPIR is intended to support the preparation of CEQA-Plus environmental documentation. • The APE will be limited to the direct construction footprint. • The cultural resources field survey will be conducted over the course of one eight-hour field day, including travel time, by one cultural resource specialist. • No access issues will be encountered during the field survey, and access permission will be provided in writing prior to fieldwork. • No archaeological testing or excavation will be required. • The study will be negative for historic properties with the potential to be affected by the proposed project. • No cultural resources will require recordation and evaluation. • Rincon will address one round of consolidated comments from MKN and one round of consolidated comments from the City, with each to be provided in an electronic, editable format. • The HPIR will be submitted in electronic format; no hard copies will be provided. 70 City of Lynwood - Ham Park Reservoir and Pump Station Amendment No. 1 September 2023 Page 6 N:\Lynwood\Lynwood-2022-001 Water Storage Res No. 2\100 PM\102 Contracts\Contract Mods\Amendment No. 1-3 Combined\Ham Park Reservoir and PS_Amendment No. 1_September 2023.docx Task 3.4 Environmental Alternatives Analysis In support of the DWSRF Environmental Package, Rincon will prepare an environmental alternatives analysis to compare the potential environmental impacts of the proposed project against two project alternatives: a No Project Alternative and an Engineering Alternative or Location Alternative (if available). This analysis will be high-level and streamlined with brief discussions of the environmental impacts of each alternative as compared to the proposed project. The analysis will be presented in a standalone letter report. Assumptions • MKN will provide Rincon with an Engineering Alternative or Location Alternative for evaluation. • No figures or graphics will be included. • Rincon will address one round of consolidated comments from MKN and one round of consolidated comments from the City, with each to be provided in an electronic, editable format. • The Environmental Alternatives Analysis will be submitted in electronic format; no hard copies will be provided. Task 3.5 Environmental Justice Analysis In support of the DWSRF Environmental Package, Rincon will prepare an Environmental Justice Analysis to evaluate the potential for the project to result in environmental justice impacts, pursuant to SWRCB guidance. The analysis will characterize existing socioeconomic resources in the project site vicinity and evaluate the potential for disproportionately high and adverse environmental impacts to minority, low- income, and disadvantaged communities. The analysis will be presented in a standalone letter report. Assumptions • No disproportionately high and adverse environmental impacts to minority, low-income, and disadvantaged communities will be identified. • Rincon will address one round of consolidated comments from MKN and one round of consolidated comments from the City, with each to be provided in an electronic, editable format. • The Environmental Justice Analysis will be submitted in electronic format; no hard copies will be provided. Task 3.6 As-needed Support with DWSRF Environmental Package and SWRCB Coordination Under this task, Rincon will provide up to eight hours of as-needed support for preparation and processing of the DWSRF Environmental Package, which will include preparation of the Clean Air Act General Conformity Applicability Analysis table and any additional support that may be required during processing of the application package by SWRCB, such as providing additional materials that may be requested during consultation efforts between SWRCB and United States Fish and Wildlife Service/State Historic Preservation Officer, strategic advising on negotiating any recommended measures provided during these consultation efforts, and responding to questions from SWRCB on the technical studies and CEQA documentation. We reserve the right to submit a separate scope and cost if the required level of 71 City of Lynwood - Ham Park Reservoir and Pump Station Amendment No. 1 September 2023 Page 7 N:\Lynwood\Lynwood-2022-001 Water Storage Res No. 2\100 PM\102 Contracts\Contract Mods\Amendment No. 1-3 Combined\Ham Park Reservoir and PS_Amendment No. 1_September 2023.docx effort exceeds this budget. Assumptions • Up to eight hours of support will be provided. • John Robinson Consulting, Inc. will be responsible for preparation of the DWSRF Environmental Package as well as the Comprehensive Response to Climate Change worksheet required for the DWSRF Technical Package. Fee Estimate MKN proposes to complete this work with a budget not to exceed $99,241. The assumed level of effort associated with this fee estimate is included as Exhibit A. Thank you for providing MKN the opportunity to propose on this work for the City. If you have any questions regarding this proposal, please contact us at rgallagher@mknassociates.us. Sincerely, Ryan Gallagher, PE Project Director 72 CITY OF LYNWOOD HAM PARK RESERVOIR AND BPS Classification PR PD PR PEII SD QA / Q C  ‐ Ha n l o n Te c h n i c a l  Le a d  ‐ Ka m a n g a r Pr o j e c t  M a n a g e r  ‐ Ga l l a g h e r Pr o j e c t  En g i n e e r  II ‐ Ho n g Se n i o r  De s i g n e r  ‐ Ng u y e n        To t a l  Ho u r s  (M K N ) La b o r  (M K N ) OD C s  (M K N ) En v i r o n m e n t a l  (R i n c o n ) Ge o t e c h n i c a l  (C o t t o n  Sh i r e s ) No n ‐La b o r  Co s t s To t a l  Fe e Hourly Rates 250 260 250 203 170 Amendment No. 1 Task 1.4 ‐ Project Management (6 months)18 12 30 $7,680 294$          ‐$              4,620$      $4,914 12,594$        Task 2.2 ‐ Geotechnical 5 10 15 $2,715 145$          ‐$              4,620$      $4,765 7,480$          Task 2.5 ‐ Modify Reservoir Size ‐ 6 sheets/PDR update 4 32 6 60 78 180 $36,260 1,088$       ‐$               ‐$          $1,088 37,348$        Task 3.3 ‐ CEQA Plus Technical Studies 8 8 4 20 $4,892 147$         21,935$         ‐$          $22,082 26,974$        Task 3.4 ‐ Environmental Alternatives Analysis 2 2 8 12 $2,644 79$           3,770$           ‐$          $3,849 6,493$          Task 3.5 ‐ Environmental Justice Analysis 2 4 6 $1,332 40$           2,978$           ‐$          $3,018 4,350$          Task 3.6 ‐ As‐Needed Environmental Support 2 8 10 $2,144 64$           1,793$           ‐$          $1,857 4,001$           Subtotal 4 64 28 89 88 273 57,667$      1,858$      30,476$        9,240$      41,574$      99,241$        73 Page 1 of 2 FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF LYNWOOD AND MKN & ASSOCIATES This First Amendment (the “First Amendment”) is entered into this 3rd day of October 2023 by and between the City of Lynwood (“City”) and MKN & ASSOCIATES (“Consultant”), (collectively the “Parties”). RECITALS WHEREAS, the City of Lynwood and Consultant, have entered into an Agreement, dated October 17, 2022, which Agreement sets forth the terms and conditions for Consultant to provide Design services for the reservoir and booster station at Burke-Ham Park. (“Master Agreement”), and WHEREAS, the City desires to utilize the services of Consultant to complete additional task for the design as set forth in the scope of services attached hereto as Exhibit A; and WHEREAS, Consultant is willing to provide said services; and WHEREAS, the cost for the additional services shall not exceed $99,241.; and WHEREAS, the additional work will take approximately 8 months to complete. NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: 1. Term of Agreement. The term of the first amendment shall commence on October 3, 2023 and shall remain and continue in effect until June 30, 2024. 2. Compensation for total payment to Consultant shall be increased by $100,000 for a not to exceed total of Six Hundred Ninety-Nine Thousand and Six Hundred Ninety-Two Dollars, ($699,692.00), and 3. Full Force and Effect. The parties agree that, except as specifically provided in this First Amendment, the terms of the Master Agreement, shall remain unchanged and in full force and effect. Signatures on next page 74 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this second amendment as of the dates listed below. CITY OF LYNWOOD: CONSULTANT: BY: BY: Oscar Flores Name Mayor MKN & Associates Date: Date: ATTEST: BY: Maria Quinonez, City Clerk APPROVED AS TO FORM BY: Noel Tapia, City Attorney 75 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MKN & ASSOCIATES FOR ADDITIONAL SCOPE OF WORK TO COMPLETE THE DESIGN OF THE RESERVOIR AND BOOSTER PUMP STATION (CIP 4011.67.056) FOR A NOT TO EXCEED AMOUNT OF $100,000.00;AND APPROVING A BUDGETARY TRANSFER OF $100,000 FROM CIP NO. 4011.67.894, WATER WELL 22 TO CIP 4011.67.056 WHEREAS,the City completed a study titled “Final Reservoir and Booster Study for the City of Lynwood”; and WHEREAS, the study identified initial recommendations to include a storage reservoir and booster station at the Burke-Ham Park; and WHEREAS,on September 20, 2022, City Council approved a Professional Services Agreement to MKN & Associates for the Reservoir and Booster Station Design (CIP 4011.67.056); and WHEREAS,MKN & Associates completed the Preliminary Design Report for the Reservoir and Booster station and recommended changes to the design that will reduce overall construction costs, risks, and reduce the space needed for the project; and WHEREAS, the services provided in the amendment were identified in coordination with City staff and will be completed in conjunction with final design services (60% Design); and WHEREAS The additional funding request of $100,000 will be funded from CIP 4011.67.894 Water Well 22 due to the financial savings from the reduction of services required for the well profiling project. The funding transfer will increase the FY 24 budget for the Reservoir & Booster Station Design project from $217,000 to $317,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1.The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as findings and as substantive part of this resolution. Section 2.The City Council of the City of Lynwood approves and authorizes the Mayor to execute the amended professional services agreement between the City of Lynwood and MKN & Associates attached hereto as Exhibit A, in a form approved by the City Attorney, for the Reservoir and Booster Station Design Project FY22/FY23 (“Project”) for an additional $100,000 to complete the design. 76 2 Section 3. That the City Council approves the following appropriation: APPROPRIATION Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 67 894 62015 WATER WELL #22 Transfer Out $100,000 Budgetary Transfer In 4011 67 056 62015 Reservoir & Booster Station Design $100,000 Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood. Section 5.This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify as to the adoption of this Resolution and hereafter the same shall be in full force and effect. (Signatures on Next Page) 77 3 PASSED, APPROVED and ADOPTED this 17th day of October 2023. Oscar Flores Mayor ATTEST: Maria Quinonez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM:APPROVED AS TO CONTENT: Noel Tapia Julian Lee City Attorney Director of Public Works 78 4 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17th day of October 2023, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No.on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17th day of October 2023. Maria Quinonez, City Clerk 79 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY: PREPARED BY: Julian Lee, Director of Public Works George Cambero, Interim Utility Manager SUBJECT:ADVANCED METERING INFRASTRUCTURE PROJECT AUGMENTATION FUNDING TRANSFER AMENDMENT Agenda Item # 9.4. Recommendation: Staff recommends that the City Council adopt the following resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE ADVANCED METERING INFRASTRUCTURE PROJECT AUGMENTATION FUNDING TRANSFER IN FROM 4011.67.070 TO 4011.68.093 IN THE AMOUNT OF $1,887,127.46.” Background: On November 15, 2022, the City Council of Lynwood approved Item #11 – Purchase of Sensus Small Water Meters from Aqua-metrics for the Advanced Metering Infrastructure Project. Discussion and Analysis: At the November 15, 2022 City Council Meeting, the requested budget augmentation was allocated to the wrong account (4011.67.070) due to a typographical error in the Funding Transfer In request. Although the context of the staff report was correct, the funding was allocated to the wrong account and needs approval to move the funding from wrong account fund of 4011.67.070 to the correct fund of 4011.68.093 to complete the approved purchase City Council City Council Regular Meeting 80 Agenda Item CC #11 Small Meter Purchase 11-15-2022.pdf 10-17-2023 Project Augumentation Amendment (Resolution) - PWD.docx with Aqua-Metrics for the small water meters. Staff recommends approval to move the funds allocated to the small water purchase from 4011.67.070 to 4011.68.093. Fiscal Impact: Staff is requesting a project amendment from CIP 4011.67.070 in the amount of $1,887,127.46 to CIP 4011.68.093 to correct the error. PROJECT AMENDMENT Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 67 070 62015 Advanced Metering Infrastructure $1,887,127.46 Budgetary Transfer In 4011 68 093 62015 AMI/AMRI PHASE 2 $1,887,127.46 Coordinated With: City Manager’s Office Department of Finance and Administration Services ATTACHMENTS: Description City Council City Council Regular Meeting 81      !"#$%$$&' ()*(+ (',* -./012/+13'42)5678 '2& '(',9#12/+*('(: 67;3)2('<#=2 4/ .>3)24? @-A :1( #B'/ 2C/2)2/+*('(: D6EF >CG1&HI8JKI8ICII*H<<?HL8G*8L8GIKGJ*HMCHN*8LGB1IKJGL&8H=OH18=*8L8GBABKGHILGC1LCG8>GJ;81LPQRSSPTUVWXRTI/(.. 4',-/0(//012/+13'42)(,Y//0.))Z2': -)3/2''/2/),[\HG8IJ<CLBJJKL&81BL]1JC1B<JKL&81BL]JK<]?JJ=H?HG=BAHIJ<8IJCG18HAG88*8LLJHMCHN*8LGB1IH<8I1JG>JGHLBJLJ>GJOB=8L&8I*H<<?HL8G*8L8GIKJGL&8H=OH18=*8L8GBABKGHILGC1LCG8>GJ;81LKJGHJLNLJN8^188=H*JCLJK_$#"`$#$abc`bc6VQdefRgTUJ'H3:3-/h#$%!h#/012/+13'42)(YY ,/0Y3 40(-.I'-3-I( /?(/ */ -(-Y( /.(-/ / 0(2)2/(/2'Y i4/-cjG-)3/2'$%!hc!`akcl"!I'-3-I( /?(/ */ -0('2'-/()),()':-4/2'-.m40Z,H'3#<32-I/ /#(,(H'3#m2 40I/ /#K2 I/ /#<3:H'3#>)(//H'3(',O2 :2'2(I/ /cJ'H3:3-/$!#$%!h#/012/+13'42)(3/0 29,/0Y3 40(-.blI'-3-I( /?(/ */ -. 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(   $ /  , 0 $!1 .+  2(   $    ++* ( $*. $  /   / /   $(    +. +   $ (    $    ( 3    ++ ( )*4 .    $ /,  /  $+( %"5 0 $!67789:;<=>9?:=@A)*%   4  $ B , /   $  /  1 $ CDDC6EFGHDIAJ>KL8:M=:7;N>K7OP=:7;C==<L@Q>;=CRI7O>I7P8L>S>==>8GT@:U:=CRVF>=>8KWXYXZXZZVP7=> [\]^[_`ab\cdef`cghiee]\afjkgfelm_nopq 84 1 RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE PROJECT AUGMENTATION FUNDING TRANSFER IN FROM 4011.67.070 TO 4011.67.093 IN THE AMOUNT OF $1,887,127.46 WHEREAS, On November 15, 2022, the City Council approved the Purchase of Sensus Small Water Meters from Aqua-metrics for the Advanced Metering Infrastructure Project; and WHEREAS, the requested budget augmentation requested was allocated to the wrong account due to a typographical error in the Funding Transfer In request at the November 15, 2022 City Council Meeting; and WHEREAS, staff recommends approval to move the funds allocated to the small water meters purchase from 4011.67.070 to 4011.68.093 to correct the error. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1.The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates them herein as findings and as substantive part of this resolution. Section 2. That the City Council approves the project amendment transfer. PROJECT AMENDMENT Fund Dept Div Object Description Amount Budgetary Transfer Out 4011 68 070 62015 Advanced Metering Infrastructure $1,887,127.46 Budgetary Transfer In 4011 68 093 62015 AMI/AMRI PHASE 2 $1,887,127.46 Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood. Section 4. This Resolution shall take effect immediately upon its adoption. Section 5. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect. 85 2 PASSED, APPROVED and ADOPTED this 17th day of October 2023. Oscar Flores Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM:APPROVED AS TO CONTENT: Noel Tapia Ernie Hernandez City Attorney City Manager Julian Lee Director of Public Works 86 3 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17th day of October 2023, and passed by the following votes: AYES: NOES: ABSTAIN : ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true, and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17th day of October 2023. Maria Quinonez, City Clerk 87 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY:Ernie Hernandez, City Manager PREPARED BY:Julian Lee, Director of Public Works SUBJECT:REJECTION OF ALL BIDS AND APPROVAL FOR RE-ADVERTISEMENT FOR THE LYNWOOD CITYWIDE MONUMENTS PROJECT (CIP NO. 4011.68.117) Agenda Item # 9.5. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL BIDS AND APPROVING THE RE-ADVERTISEMENT FOR BIDS FOR THE LYNWOOD CITYWIDE MONUMENTS PROJECT (CIP NO. 4011.68.117)” Background: As part of the City’s Fiscal Year 23-24 CIP Project list, the City will be installing eight (8) new entry monuments along major arterial streets for vehicles entering the City. The monuments will have the City Water Tower and City Logo Branding elements with three different monument shapes. Staff has consulted with Hunt Design in the preparation of plans and specifications for this project. The plans and specifications were completed and reviewed by Staff. Staff published a Notice Inviting Bids (NIB) to the City website and three (3) bids were received. Discussion and Analysis: City Council City Council Regular Meeting 88 The project consists of but is not limited to structural design and preparation of shop drawings, fabrication of monuments using appropriate materials, removal and transport of existing monuments, the installation of newly fabricated monuments. Project Limit: The new monuments will be installed at eight (8) locations as follows: Long Beach Boulevard at I-105 Westbound Off Ramp Long Beach Boulevard at I-105 Eastbound Off Ramp Long Beach Boulevard at Orchard Avenue Long Beach Boulevard at Tweedy Boulevard Atlantic Avenue at Abbott Road Atlantic Avenue at McMillan Avenue Imperial Highway at State Street Imperial Highway at Atlantic Avenue Due to the importance of this project, Staff expedited the publishing of a Notice Inviting Bids on the City’s Website (Planetbids). The Notice of inviting bids was published on September 08, 2023. On October 3rd, 2023, the bid opening took place and Staff received the following three (3) bids: Bidders Bid Amount 1.Bravo Sign and Design $379,800.00 2.Green Giant Landscape Inc.$540,000.00 3.HZS Engineering Inc.$647,000.00 An analysis of all bidders was conducted, including a review of their bid schedule, license, references, and required documents. Per the NIB specifications Section 1.2.7 A bid shall be considered non-responsive if the Bidder fails to provide written acknowledgement of receipt of all bid addenda. The apparent lowest Bidder Bravo Sign and Design did not acknowledge the bid addenda No. 1 and was disqualified. The lowest responsible responsive bid is from Green Giant Landscape Inc. in the amount of $540,000, however the amount is well above the project budget. City Council City Council Regular Meeting 89 10-17-23 Lynwood Monuments Rejection (Resolution) - PWD.docx Project Budget The table below shows the proposed construction cost for this project with a lowest bid in the amount of $540,000. Construction Cost $540,000 Contingency (10%)$54,000 Construction Management & Inspection (10%)$54,000 Labor Compliance and other related cost (5%)$27,000 Project Management (8%)$45,000 Total Estimated Construction Cost $720,000 The City’s FY 23-24 CIP budget includes $280,000 from General Funds. The estimated construction cost are higher by more than double the Project budget. Due to this high projected construction cost, Staff is recommending that City Council reject all bids and approve staff to re-advertise the project at a future date with additional funding . Fiscal Impact: The City’s FY 23-24 CIP budget for this Project is $280,000 from General Funds. Coordinated With: City Manager’s Office Department of Finance and Administration Services ATTACHMENTS: Description City Council City Council Regular Meeting 90 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REJECTING ALL BIDS AND APPROVING THE RE-ADVERTISEMENT FOR BIDS FOR THE LYNWOOD CITYWIDE MONUMENTS PROJECT (CIP NO. 4011.68.117) WHEREAS, as part of the City’s Fiscal Year 23-24 CIP Project list, The City will be installing eight (8) Entry Monuments; and WHEREAS, the City consulted with Hunt Design in the preparation of Plans and Specifications of the Lynwood Citywide Monuments Project; and WHEREAS,The Notice of inviting bids was published on September 08, 2023; and WHEREAS, On October 3rd, 2023, the bid opening took place and Staff received the following three (3) bids: Bidders Bid Amount 1 Bravo Sign and Design $379,800.00 2 Green Giant Landscape Inc.$540,000.00 3 HZS Engineering Inc. $647,000.00 ; and WHEREAS, the apparent lowest bidder, Bravo Sign and Design, did not acknowledge the bid addenda No.1 and was disqualified; and WHEREAS, Green Giant Landscape Inc. was the lowest responsible responsive bidder with a low base bid of $540,000.00; and WHEREAS, the total estimated construction cost is $720,000; and WHEREAS, the current project budget is $280,000 from General Funds; and WHEREAS, staff is recommending City Council reject all bids and re-advertise the Lynwood Citywide Monuments project at a future date with additional funding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1.The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this resolution as substantive findings. Section 2. The City Council of the City of Lynwood authorizes the rejection of all bids. 91 2 Section 3. The City Council of the City of Lynwood authorizes staff to re-advertise the Lynwood Citywide Monuments project at a future date. Section 4.Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood. Section 5. This Resolution shall take effect immediately upon its adoption. Section 6.The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. (Signatures on Next Page) 92 3 PASSED, APPROVED and ADOPTED this 17th day of October 2023. Oscar Flores Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM:APPROVED AS TO CONTENT: Noel Tapia Ernie Hernandez City Attorney City Manager Julian Lee Director of Public Works 93 4 STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17th day of October 2023, and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true, and correct copy of Resolution No.on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17th day of October 2023. Maria Quinonez, City Clerk 94 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY:Ernie Hernandez, City Manager PREPARED BY:Gabriel Linares, Community Development Director SUBJECT:A RESOLUTION APPROVING AN AMENDMENT TO THE COMMUNICATIONS SITE GROUND LEASE AGREEMENT(S) WITH CROWN CASTLE MU LLC, FORMERLY MOUNTAIN UNION TELECOM OF CALIFORNIA LLC AT CITY FACILITIES. CONTRACTS; 839458, 839533, 839150, AND 878083. Agenda Item # 10.1. Recommendation: Staff recommends that the City Council approve an amendment to the Communications site ground lease agreement with Crown Castle MU LLC.; Approve resolution amending communications site ground lease agreement 839458, located at 11240 California Ave Approve resolution amending communications site ground lease agreement 839533, located at 4275 Walnut Ave Approve resolution amending communications site ground lease agreement 839150, located at 11190 Alameda St. Approve resolution amending communications site ground lease agreement 878083, located at 10399 1/2 Long Beach Blvd Background: On July 25 th, 2000, the City of Lynwood entered into a communications facility lease agreement with Mountain Union Telecom of California to lease space for the placement of wireless telecommunication antennas and supporting equipment. The lease term was approved for a five (5) years with five successive options to extend the lease for an additional period of five (5) years (the extended terms). The equipment is located on the Water Tank structure and site located at tank(s)-11240 California Ave, 4275 Walnut Ave, 11190 Alameda St, and clock tower-10399 ½ Long Beach Blvd. The objective is to increase coverage and City Council City Council Regular Meeting 95 Lynwood Nov 1 2022 letter.pdf Alameda 839150 Crown Executed.pdf Clock Tower 878083 Crown executed.pdf First Amend (Crown Executed with Exhibit 'A-3') - 839533 Walnut.pdf Sanborn 829458 Crown executed.pdf City Council Resolution Crown Castle 2023 amendment - 4275 Walnut Avenue.docx City Council Resolution Crown Castle 2023 amendment - 11240 California Avenue (Sanborn).docx provide better cellular service in the City of Lynwood and the surrounding area. Discussion and Analysis: In early 2022 the City of Lynwood contracted Global Urban Strategies Inc.(GUSI) consultants to negotiate a 20 year lease extension to the existing communications site ground lease agreements with Crown Castle. After several meetings with Crown castle representatives, city staff, and city consultant GUSI, the Crown Castle committee agreed to the terms in the City's counterproposal that included a 15 year pre-payment term and a supplemental payment for facility painting/refurbishing totaling $1,960,000. The final five (5) year term will revert to the original rent agreement of "Basic Rent" and "Additional Rent" as defined in agreements. Staff worked with the City Attorney team to prepare the amendments for each of the leases. City staff also worked with Crown Castel to update all of the proposed site plans, elevations and lease area descriptions. The surveys were reviewed by city staff including public works department to verify access, maintenance and security. Fiscal Impact: Site Payment 839458 Sanborn $590,000 rent + $106,250 painting 839533 Walnut $520,000 rent + $106,250 painting 839150 Alameda $350,000 rent + $106,250 painting 878083 Clock Tower $181,250 Total $1,960,000 Coordinated With: City Attorney approval as to form. Finance Committee, reviewed and approved to move item to council for consideration. ATTACHMENTS: Description City Council City Council Regular Meeting 96 City Council Resolution Crown Castle 2023 amendment -10399 and a half Long Beach Boulevard (clock tower)v.2.docx City Council Resolution Crown Castle 2023 amendment -111190 Alameda Street.docx City Council City Council Regular Meeting 97 November 1, 2022 City of Lynwood 11330 Bullis Road Lynwood, CA 90262 RE: Crown Castle managed wireless equipment on City property, files 839150, 839458, 839533, 878083 Good morning, Regarding the 4 current ground leases on City property managed by Crown Castle, 3 of which are the water tanks and the fourth is a clock tower structure, this letter is to confirm that on October 27, 2022 Crown Castle’s Property Committee approved the terms in the City’s counterproposal letter dated October 18 for rent pre-payment to the City with 20 year extension for each of the 4 leases: Payment to City Notes $1,641,250 20 year lease extension 15 year pre- payment term Monthly rent ends when the amendment is executed and prepayment delivered, and begins again after 15 years, including escalations occurring during the 15 year period $318,750 Supplement for tank painting Within a year of completion of painting, antennae on water tank legs will be painted, covered or other camouflage to match tank color selected by City. Total $1,960,000 Crown Castle is preparing the amendments for each of the four leases to memorialize these terms and will provide them to the City for execution in the near future. With that, Crown Castle will execute, provide the City fully executed copies and schedule the lump sum payment to the City. We look forward to receiving as soon as possible the permits the City is currently holding, so carrier modifications can be installed. With thanks, Julie Weston, Government Lease Specialist 941-308-5205 Julie.weston@crowncastle.com 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 1 FIRST AMENDMENT TO PCS SITE AGREEMENT THIS FIRST AMENDMENT TO PCS SITE AGREEMENT (this “First Amendment”) is entered into this ____ day of ______________, 20___, by and between the CITY OF LYNWOOD, a municipal corporation (“Owner”), with a mailing address of 11330 Bullis Road, Lynwood, California 90262, and STC ONE LLC, a Delaware limited liability company, registered in California as TOWER COMPANY ONE LLC, by and through GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company, its attorney in fact (“Lessee”), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. RECITALS WHEREAS, Owner and Sprint PCS Assets, L.L.C., a Delaware limited liability company (“Original Lessee”) entered into a PCS Site Agreement dated September 4, 2002 (the “Agreement”), a memorandum of which was recorded in the Official Records of the Recorder’s Office of Los Angeles County, California (“Official Records”) on November 2, 2002 at Document No. 02-2811873, whereby Original Lessee leased certain real property, together with access and utility easements, located in Los Angeles County, California from Owner, as further described and depicted in Exhibit “A-1” attached hereto (the “Site”), all located within certain real property owned by Owner (the “Property”); and WHEREAS, STC One LLC, registered in California as Tower Company One LLC, is currently the lessee under the Agreement as ultimate successor in interest to the Original Lessee; and WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement had an initial term that commenced on September 4, 2002, and expired on September 3, 2007. The Agreement provides for four (4) extensions of five (5) years each, the first three (3) of which were exercised by Lessee. According to the Agreement, the final extension expires on September 3, 2027; and WHEREAS, Owner and Lessee desire to amend the Agreement on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Owner and Lessee agree as follows: 1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. All references to the defined term “SPCS” in the Agreement are hereby deleted and “Lessee” is inserted in its place. 2.Term; Option to Extend. The second sentence of Section 2 of the Agreement, and only that sentence, is hereby deleted and the following is inserted in its place: This Agreement shall have eight (8) successive options to extend the Initial Term of this Lease, each option for an additional period of five (5) years (the “Extended Terms”) following the expiration of the Initial Term, or the Extended Term, as applicable, on all the terms and conditions of this Lease unless Lessee provides Owner notice of intention not to renew not less than ninety (90) days prior to the expiration of the Initial Term or any Extended Terms. 116 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 2 Owner and Lessee hereby acknowledge that Lessee has exercised the first four (4) Extended Terms, leaving a balance of four (4) Extended Terms, with the final Extended Term expiring on September 3, 2047. 3. Prepaid Rent. Lessee will pay to Owner a one-time payment of One Hundred Eighty- One Thousand, Two Hundred Fifty and 00/100 Dollars ($181,250.00) within sixty (60) days after execution of this First Amendment by the parties, which sum shall be deemed to be all rent obligations set forth in Section 3 of the Agreement for that fifteen (15) year period of the Agreement term beginning on January 1, 2024 (“Pre-Payment Period”), with the exception of any rent associated with an expansion of the Site. However, Owner’s consent shall be required for any expansion of the square footage of the Premises along with a corresponding mutually agreed upon increase in the Rent, whether or not such expansions occurs during the Pre-Payment Period. Upon expiration of the Pre-Payment Period, Rent payments will resume and shall be paid in accordance with the terms of the Agreement, taking into account any scheduled increases in rent that would have occurred during the Pre-Payment Period, and any subsequent increases in rent shall continue in accordance with the terms of the Agreement, notwithstanding the Pre-Payment Period. During the Pre-Payment Period, Owner shall have no right to terminate the Agreement for non-payment of rent. However, Owner may, upon written notice, terminate the Lease for a non-monetary material default that remains uncured for a thirty (30) day period. If the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecute the same to completion. In addition, Owner waives its right to consent to any sublease of all or a portion of the Premises during the Pre-Payment Period. Upon expiration of the Pre-Payment Period, such obligations will resume in accordance with the terms of the Lease. 4. Default. The following shall be added to the end of Section 12 of the Agreement: Further, if Lessee a) fails to maintain or operate the Premises in a safe and clean manner; b) fails to install or maintain the Site within the existing lease area; c) or fails to obtain the consent of the Landlord for any changes that require the prior consent of the Landlord; Lessee shall be considered in default of the Lease. Owner may also, in its discretion, elect to perform any necessary repairs or maintenance, which shall be paid by Lessee within thirty (30) days of receipt of an invoice from Owner reasonably documenting such expense. In the event of an emergency, constituting an immediate threat of harm to persons or property, Lessee shall correct or cure such default as quickly as possible, but not later than ten (10) days following receipt of notice, or as soon thereafter as is reasonably practicable. 5. Premises. The parties agree that Exhibit “A-3” attached to this First Amendment, describing and depicting the Premises, is hereby substituted for and shall replace Exhibit “A-1” to the Lease. 6. Collocation of Owner’s Equipment. Should Owner desire to collocate Owner’s equipment at the Facility, Lessee shall reasonably cooperate with Owner’s request for collocation of such equipment. Owner shall use best efforts to locate such equipment in a manner that does not interfere with any transmission or reception by Lessee or its customer’s equipment. 7. Ratification. 117 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 3 a) Owner and Lessee agree that Lessee is the current lessee under the Agreement, the Agreement is in full force and effect, as amended herein, and the Agreement contains the entire agreement between Owner and Lessee with respect to the Site. b) Owner agrees that any and all actions or inactions that have occurred or should have occurred prior to the date of this First Amendment are approved and ratified and that no breaches or defaults exist as of the date of this First Amendment. c) Owner represents and warrants that Owner is duly authorized and has the full power, right and authority to enter into this First Amendment and to perform all of its obligations under the Lease as amended. d) Owner agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Lease as amended hereby, and ensure Lessee’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Lease as amended hereby. 8. Notices. Lessee’s notice address as stated in Section 13 of the Lease is amended as follows: If to Lessee, to: STC One, LLC Attn: Legal – Real Estate Dept. 2000 Corporate Drive Canonsburg, PA 15317 9. IRS Form W-9. Owner agrees to provide Lessee with a completed IRS Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably requested by Lessee. In the event the Premises is transferred, the succeeding Owner shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect a transfer in the Basic Rent to the new Owner. Owner’s failure to provide the IRS Form W-9 within thirty (30) days after Lessee’s request shall be considered a default and Lessee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from Basic Rent payments. 10. Appraisal Option. After expiration of the Pre-Payment Period, unless the City has otherwise adopted standard rental rates for wireless facilities pursuant to the Fee Mitigation Act, the parties shall mutually agree upon an appropriate monthly rent. In the event the parties cannot mutually agree upon an appropriate monthly rent, an appraisal of the Premises shall be made by a professional, independent real estate appraiser specializing in valuation of telecommunication facilities in Los Angeles County (“Appraiser”). The Appraiser shall be mutually selected, and the cost of the appraisal shall be equally shared by the parties. Owner may, in its discretion, elect to make use of the appraised value as the new rent, effective as of the commencement of a new Extended Term following final expiration of the Pre-Payment Period. In the event the parties are unable to mutually select an Appraiser, each party shall have the right to retain an Appraiser at its sole cost and expense. 11. Remainder of Lease Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Lease remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Lease, the terms of this First Amendment shall control. The terms, covenants and provisions of this First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Owner and Lessee. This First Amendment may be executed simultaneously or in 118 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 4 counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 12. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this First Amendment (“Memorandum”) in the Official Records at any time following the execution of this First Amendment by all parties hereto. In addition, Lessee shall have the right in its discretion, to record a notice of lease, affidavit or other form to be determined by Lessee without Owner’s signature in form and content substantially similar to the Memorandum, to provide record notice of the terms of this First Amendment. [Execution Pages Follow] 119 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 5 This First Amendment is executed by Owner as of the date first written above. OWNER: CITY OF LYNWOOD, a municipal corporation By: Print Name: Print Title: ATTEST: By: Maria Quinonez, City Clerk Date: ______ APPROVED AS TO FORM: By: Noel Tapia, City Attorney Date: ______ [Lessee Execution Page Follows] 120 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 6 This First Amendment is executed by Lessee as of the date first written above. LESSEE: STC ONE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Its: Attorney In Fact By: Print Name: Print Title: Lisa Sedgwick Manager Real Estate 121 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 7 EXHIBIT “A-1” 122 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 8 123 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 9 124 Site Name: F3 – CITY OF LYNWOOD Business Unit #: 878083 10 EXHIBIT “A-3” Legal Description of the Site SITE ALSO REFERRED TO AS SPRINT LEASE AREA IN SURVEY A PORTION OF THAT PORTION OF LOTS 19, 20 AND 21 OF TRACT NO. 5222, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 58, PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING PUBLIC RIGHT OF WAY BOUNDED ON THE NORTHWEST BY STATE STREET, ON THE EAST BY LONG BEACH BOULEVARD AND ON THE SOUTH BY TENAYA AVENUE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A COTTON PICKER SPINDLE & WASHER "LS 5411" AT THE CENTERLINE INTERSECTION OF LONG BEACH BOULEVARD & SEMINOLE AVENUE, THENCE NORTH 14° 26' 50" WEST A DISTANCE OF 74.58 FEET; THENCE DEPARTING THE CENTERLINE OF LONG BEACH BOULEVARD, SOUTH 75° 33' 10" WEST A DISTANCE OF 47.56 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 59° 20' 00" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 30° 40' 00" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 59° 20' 00" EAST A DISTANCE OF 25.00 FEET; THENCE SOUTH 30° 40' 00" EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 625 SQUARE FEET OR 0.0143 ACRES OF LAND MORE OR LESS. [SURVEY FOLLOWS] 125 Certificate Of Completion Envelope Id: E35E4A2960AC43A397D13E3C06F60813 Status: Completed Subject: Here is your signed document: 878083 - Executables (revised).pdf Source Envelope: Document Pages: 11 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 0 Lisa Sedgwick AutoNav: Disabled EnvelopeId Stamping: Disabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 2000 Corporate Drive Canonsburg, PA 15317 Lisa.Sedgwick@crowncastle.com IP Address: 50.220.166.44 Record Tracking Status: Original 10/2/2023 12:02:56 PM Holder: Lisa Sedgwick Lisa.Sedgwick@crowncastle.com Location: DocuSign Signer Events Signature Timestamp Lisa Sedgwick Lisa.Sedgwick@crowncastle.com Manager Real Estate Crown Castle Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.220.166.44 Sent: 10/2/2023 12:03:05 PM Viewed: 10/2/2023 12:03:11 PM Signed: 10/2/2023 12:04:30 PM Freeform Signing Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Amanda Gray amanda.gray@crowncastle.com Security Level: Email, Account Authentication (None) Sent: 10/2/2023 12:04:31 PM Viewed: 10/2/2023 12:08:39 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kala Bonner kala.bonner@crowncastle.com Sr Transaction Specialist Security Level: Email, Account Authentication (None) Sent: 10/2/2023 12:04:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 126 Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/2/2023 12:03:05 PM Certified Delivered Security Checked 10/2/2023 12:03:11 PM Signing Complete Security Checked 10/2/2023 12:04:30 PM Completed Security Checked 10/2/2023 12:04:31 PM Payment Events Status Timestamps 127 128 129 130 131 132 Manager Real Estate Lisa A. Sedgwick 133 Site Name: Walnut 7 Business Unit #: 839533 EXHIBIT “A-3” Legal Description of the Premises PREMISES also referred to as TOWER LEASE AREA in Survey A PORTION OF LOT SEVENTEEN (17) IN BLOCK TWO (2) OF TRACT NUMBER NINETY-TWO HUNDRED EIGHTY-EIGHT (9288), AS PER MAP RECORDED IN BOOK 124, PAGES 42 AND 43 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A COTTON PICKER SPINDLE AT THE CENTERLI NE INTERSECTION OF ELM STREET AND WALNUT AVENUE, THENCE NORTH 70° 23' 16" WEST A DISTANCE OF 179.68 FEET TO A POINT; THENCE DEPARTING THE CENTERLINE OF WALNUT AVENUE, NORTH 19° 00' 31" EAST A DISTANCE OF 74.44 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 19° 00' 31" EAST A DISTANCE OF 84.73 FEET TO A POINT; THENCE SOUTH 70° 39' 48" EAST A DISTANCE OF 49.98 FEET TO A POINT; THENCE SOUTH 19° 11' 13" WEST A DISTANCE OF 83.86 FEET TO A POINT; THENCE NORTH 71° 39' 41" WEST A DISTANCE OF 18.35 FEET TO A POINT; THENCE SOUTH 18° 20' 19" WEST A DISTANCE OF 2.74 FEET TO A POINT; THENCE NORTH 71° 39' 41" WEST A DISTANCE OF 11.32 FEET TO A POINT; THENCE NORTH 18° 20' 19" EAST A DISTANCE OF 2.74 FEET TO A POINT; THENCE NORTH 71° 39' 41" WEST A DISTANCE OF 20.06 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 4,233 SQUARE FEET OR 0.0972 ACRES OF LAND MORE OR LESS. 12' ACCESS & UTILITY EASEMENT A PORTION OF LOT SEVENTEEN (17) IN BLOCK TWO (2) OF TRACT NUMBER NINETY-TWO HUNDRED EIGHTY-EIGHT (9288), AS PER MAP RECORDED IN BOOK 124, PAGES 42 AND 43 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A COTTON PICKER SPINDLE AT THE CENTERLINE INTERSECTION OF ELM STREET AND WALNUT AVENUE, THENCE NORTH 70° 23' 16" WEST A DISTANCE OF 133.85 FEET TO A POINT; THENCE NORTH 19° 36' 44" EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY PUBLIC RIGHT OF WAY OF WALNUT AVENUE; THENCE ALONG SAID RIGHT OF WAY, NORTH 70° 23' 16" WEST A DISTANCE OF 12.00 FEET TO A POINT; THENCE DEPARTING SAID RIGHT OF WAY, NORTH 19° 36' 44" EAST A DISTANCE OF 45.20 FEET TO A POINT; THENCE SOUTH 71° 39' 41" EAST A DISTANCE OF 12.00 FEET TO A POINT; THENCE SOUTH 19° 36' 44" WEST A DISTANCE OF 45.47 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 544 SQUARE FEET OR 0.0125 ACRES OF LAND MORE OR LESS. [SURVEY FOLLOWS] 134 Site Name: Walnut 8 Business Unit #: 839533 135 Site Name: Walnut 9 Business Unit #: 839533 136 Site Name: Walnut 10 Business Unit #: 839533 137 Site Name: Walnut 11 Business Unit #: 839533 138 Site Name: Walnut 12 Business Unit #: 839533 139 Site Name: Sanborn Business Unit #: 839458 1 FIRST AMENDMENT TO COMMUNICATIONS SITE GROUND LEASE THIS FIRST AMENDMENT TO COMMUNICATIONS SITE GROUND LEASE (this “First Amendment”) is entered into this ____ day of ______________, 20___, by and between the CITY OF LYNWOOD, a municipal corporation (“Landlord”), with a mailing address of 11330 Bullis Road, Lynwood, California 90262, and CROWN CASTLE MU LLC, a Delaware limited liability company, (“Tenant”), with a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. RECITALS WHEREAS, Landlord and Mountain Union Telecom of California LLC, a California limited liability company (“Original Tenant”) entered into a Communications Site Ground Lease dated July 25, 2000 (the “Lease”), a memorandum of which was recorded in the Official Records of the Recorder’s Office of Los Angeles County, California (“Official Records”) on June 19, 2002 at Instrument No. 02-1390881, whereby Original Tenant leased certain real property, together with access and utility easements, located in Los Angeles County, California from Landlord, as further described and depicted in Exhibit “A-3” attached hereto (the “Premises”), all located within certain real property owned by Landlord (the “Real Property”); and WHEREAS, Original Tenant merged into Crown Castle MU LLC as further described in that certificate of merger filed with Delaware SOS July 26, 2006, File No. 3075328, is currently the tenant under the Lease as successor in interest to the Original Tenant; and WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Lease had an initial term that commenced on August 1, 2000, and expired on July 31, 2005. The Lease provides for five (5) extensions of five (5) years each, the first four (4) of which were exercised by Tenant. According to the Lease, the final extension expires on July 31, 2030; and WHEREAS, Landlord and Tenant desire to amend the Lease on the terms and conditions contained herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows: 1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease. 2.Term; Option to Extend. The first sentence of Section 2(a) of the Lease, and only that sentence, is hereby deleted and the following is inserted in its place: Provided that the “Extension Condition Precedent” (Section 2(b)) is satisfied, Tenant shall have nine (9) successive options to extend the Initial Term of this Lease, each option for an additional period of five (5) years (the “Extended Terms”) following the expiration of the Initial Term, or the Extended Term, as applicable, on all the terms and conditions of this Lease. 140 Site Name: Sanborn Business Unit #: 839458 2 The last sentence of Section 2(a) of the Lease is hereby amended to delete the word “fifth” and is replaced with the word “final”. Landlord and Tenant hereby acknowledge that Tenant has exercised the first four (4) Extended Terms, leaving a balance of five (5) Extended Terms, with the final Extended Term expiring on July 31, 2050. 3. Prepaid Rent. Tenant will pay to Landlord a one-time payment of Five Hundred Ninety Thousand and 00/100 Dollars ($590,000.00) within sixty (60) days after execution of this First Amendment by the parties, which sum shall be deemed to be all rent obligations set forth in Section 3 of the Lease for that fifteen (15) year period of the Lease term beginning on January 1, 2024 (“Pre- Payment Period”). During the Pre-Payment Period, Landlord and Tenant agree that the obligation of Tenant to pay rent to Landlord shall be suspended; provided that Landlord shall continue to receive Additional Rent from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Premises during the term of the Lease including during the Pre- Payment Period. However, Landlord’s consent shall be required for any expansion of the square footage of the Premises along with a corresponding mutually agreed upon increase in the Basic Rent, whether or not such expansions occurs during the Pre-Payment Period. Upon expiration of the Pre- Payment Period, rent payments, including Additional Rent for sublessees installed on the Premises upon expiration of the Pre-Payment Period, will resume and shall be paid in accordance with the terms of the Lease, taking into account any scheduled increases in rent that would have occurred during the Pre-Payment Period, and any subsequent increases in rent shall continue in accordance with the terms of the Lease, notwithstanding the Pre-Payment Period. During the Pre-Payment Period, Landlord shall have no right to terminate the Lease pursuant to Section 2(b) and 12(a)(i) and waives its right to declare a default for non-payment of Basic Rent, provided; however, Landlord may, upon written notice, terminate the Lease for a non-monetary material default that remains uncured for a thirty (30) day period. If the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. In addition, Landlord waives its right to consent to any sublease of all or a portion of the Premises during the Pre-Payment Period. During the Pre-Payment Period (i) the term of the Lease shall automatically be extended for each Extended Term unless Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to the expiration of the then current Extended Term, and Tenant shall not be required to submit the Option Notice set forth in Section 2(a) of the Lease, and (ii) Tenant shall not be required to satisfy the Extension Condition Precedent set forth in Section 2(b) of the Lease. Upon expiration of the Pre-Payment Period, such obligations will resume in accordance with the terms of the Lease. 4. Default. The last sentence of Section 12(a)(iii) of the Lease, and only that sentence, is hereby deleted and the following is inserted in its place: If the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. Further, if Tenant a) fails to maintain or operate the Premises in a safe and clean manner; b) fails to install or maintain the Site within the existing lease area; c) or fails to obtain the consent of the Landlord for any changes that require the prior consent of the Landlord; Tenant shall be considered in default of the Lease. If Tenant fails correct or cure such default within thirty (30) calendar days of notice of default, Landlord may terminate the Lease within ten (10) days of providing Tenant with a notice of termination. Landlord may also, in its discretion, elect to perform any necessary repairs or maintenance, which shall be paid by Tenant within thirty (30) 141 Site Name: Sanborn Business Unit #: 839458 3 days of receipt of an invoice from Landlord reasonably documenting such expense. In the event of an emergency, constituting an immediate threat of harm to persons or property, Tenant shall correct or cure such default as quickly as possible, but not later than ten (10) days following receipt of notice, or as soon thereafter as is reasonably practicable. 5. Premises. The parties agree that Exhibit “A-3” attached to this First Amendment, describing and depicting the Premises, is hereby substituted for and shall replace Exhibit “A-1” to the Lease. 6. Painting of Landlord’s Facility and Tenant’s Equipment. Tenant will pay to Landlord a one-time payment in the amount of One Hundred Six Thousand Two Hundred Fifty and 00/100 Dollars ($106,250.00) for painting of Landlord’s tank facility (“Facility”) located at the Premises. Tenant shall paint its customer’s equipment located on the Facility to match the color of the Facility (i) within twelve (12) months of Landlord’s painting of same and (ii) within ninety (90) days of installation of any additional customer’s equipment. 7. Collocation of Landlord’s Equipment. Landlord shall have the right to collocate Landlord’s equipment at the Facility. Tenant shall reasonably cooperate with Landlord’s collocation of such equipment. Landlord shall use best efforts to locate such equipment in a manner that does not interfere with any transmission or reception by Tenant or its customer’s equipment. 8. Ratification. a) Landlord and Tenant agree that Tenant is the current tenant under the Lease, the Lease is in full force and effect, as amended herein, and the Lease contains the entire agreement between Landlord and Tenant with respect to the Premises. b) Landlord agrees that any and all actions or inactions that have occurred or should have occurred prior to the date of this First Amendment are approved and ratified and that no breaches or defaults exist as of the date of this First Amendment. c) Landlord represents and warrants that Landlord is duly authorized and has the full power, right and authority to enter into this First Amendment and to perform all of its obligations under the Lease as amended. d) Landlord agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Lease as amended hereby, and ensure Tenant’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Lease as amended hereby. 9. Notices. Tenant’s notice address as stated in Section 13 of the Lease is amended as follows: If to Tenant, to: Crown Castle MU LLC c/o Crown Castle USA Inc. Attn: Legal – Real Estate Dept. 2000 Corporate Drive Canonsburg, PA 15317 10. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably 142 Site Name: Sanborn Business Unit #: 839458 4 requested by Tenant. In the event the Premises is transferred, the succeeding landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect a transfer in the Basic Rent to the new landlord. Landlord’s failure to provide the IRS Form W-9 within thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from Basic Rent payments. 11. Appraisal Option. After expiration of the Pre-Payment Period, unless the City has otherwise adopted standard rental rates for wireless facilities pursuant to the Fee Mitigation Act, the parties shall mutually agree upon an appropriate monthly rent. In the event the parties cannot mutually agree upon an appropriate monthly rent, an appraisal of the Premises shall be made by a professional, independent real estate appraiser specializing in valuation of telecommunication facilities in Los Angeles County (“Appraiser”). The Appraiser shall be mutually selected, and the cost of the appraisal shall be equally shared by the parties. Landlord may, in its discretion, elect to make use of the appraised value as the new rent, effective as of the commencement of a new Extended Term following final expiration of the Pre-Payment Period. In the event the parties are unable to mutually select an Appraiser, each party shall have the right to retain an Appraiser at its sole cost and expense. 12. Remainder of Lease Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Lease remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this First Amendment and the Lease, the terms of this First Amendment shall control. The terms, covenants and provisions of this First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Landlord and Tenant. This First Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 13. Recordation. Tenant, at its cost and expense, shall have the right to record a memorandum of this First Amendment (“Memorandum”) in the Official Records at any time following the execution of this First Amendment by all parties hereto. In addition, Tenant shall have the right in its discretion, to record a notice of lease, affidavit or other form to be determined by Tenant without Landlord’s signature in form and content substantially similar to the Memorandum, to provide record notice of the terms of this First Amendment. [Execution Pages Follow] 143 Site Name: Sanborn Business Unit #: 839458 5 This First Amendment is executed by Landlord as of the date first written above. LANDLORD: CITY OF LYNWOOD, a municipal corporation By: Print Name: Print Title: ATTEST: By: ________________________________ Maria Quinonez, City Clerk Date: ________________________________ APPROVED AS TO FORM: By: ________________________________ Noel Tapia, City Attorney Date: ________________________________ [Tenant Execution Page Follows] 144 Site Name: Sanborn Business Unit #: 839458 6 This First Amendment is executed by Tenant as of the date first written above. TENANT: CROWN CASTLE MU LLC, a Delaware limited liability company By: Print Name: Print Title: Manager Real Estate Lisa A. Sedgwick 145 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 7 EXHIBIT “A-3” Legal Description of the Premises PREMISES also referred to as TOWER LEASE AREA in Survey A PORTION OF LOT 267 OF TRACT 2251, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGES 78 TO 80 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF CALIFORNIA AVENUE AND SANBORN AVENUE, ALONG THE CENTERLINE OF CALIFORNIA AVENUE, NORTH 06 DEGREES 00 MINUTES 00 SECONDS EAST, 88.84 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, SOUTH 84 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 46.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 22.47 FEET; THENCE NORTH 84 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 0.54 FEET; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 13.53 FEET; THENCE SOUTH 84 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 63.20 FEET; THENCE SOUTH 06 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 36.00 FEET; THENCE NORTH 84 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 62.66 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 2,263 SQUARE FEET OR 0.0520 ACRES OF LAND MORE OR LESS. ACCESS & UTILITY AREA A 10.00 FOOT WIDE NON-EXCLUSIVE ACCESS & UTILITY EASEMENT OVER THAT PORTION OF LOT 267 OF TRACT 2251, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGES 78 TO 80 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF CALIFORNIA AVENUE AND SANBORN AVENUE, ALONG THE CENTERLINE OF CALIFORNIA AVENUE, NORTH 06 DEGREES 00 MINUTES 00 SECONDS EAST, 88.84 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, SOUTH 84 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 46.69 FEET TO A POINT; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 17.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 26.69 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE AND THE POINT OF TERMINUS. 146 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 8 THE SIDELINES OF SAID NON-EXCLUSIVE ACCESS & UTILITY EASEMENT SHALL BE LENGTHENED OR SHORTENED AS NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE TOWER LEASE AREA AND THE EASTERLY RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE. CONTAINING 266 SQUARE FEET OR 0.0061 ACRES OF LAND MORE OR LESS. UTILITY EASEMENT AREA A 3.00 FOOT WIDE NON-EXCLUSIVE ACCESS & UTILITY EASEMENT OVER THAT PORTION OF LOT 267 OF TRACT 2251, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGES 78 TO 80 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING 1.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF CALIFORNIA AVENUE AND SANBORN AVENUE, ALONG THE CENTERLINE OF CALIFORNIA AVENUE, NORTH 06 DEGREES 00 MINUTES 00 SECONDS EAST, 88.84 FEET TO A POINT; THENCE, LEAVING SAID CENTERLINE, SOUTH 84 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 46.69 FEET TO A POINT; THENCE NORTH 06 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 11.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 77 DEGREES 10 MINUTES 15 SECONDS WEST, A DISTANCE OF 28.19 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE AND THE POINT OF TERMINUS. THE SIDELINES OF SAID NON-EXCLUSIVE ACCESS & UTILITY EASEMENT SHALL BE LENGTHENED OR SHORTENED AS NECESSARY TO ELIMINATE ANY GAPS AND OVERLAPS OVER THE EASTERLY RIGHT-OF-WAY LINE OF CALIFORNIA AVENUE. CONTAINING 85 SQUARE FEET OR 0.0020 ACRES OF LAND MORE OR LESS. [SURVEY FOLLOWS] 147 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 9 148 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 10 149 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 11 150 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 12 151 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 13 152 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 14 153 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 15 154 Site Name: Sanborn Exhibit “A-3” Business Unit #: 839458 16 155 Certificate Of Completion Envelope Id: B738A757D55242B58150669E769A48F9 Status: Completed Subject: Here is your signed document: 839458 - Executables (revised).pdf Source Envelope: Document Pages: 17 Signatures: 1 Envelope Originator: Certificate Pages: 2 Initials: 0 Lisa Sedgwick AutoNav: Disabled EnvelopeId Stamping: Disabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 2000 Corporate Drive Canonsburg, PA 15317 Lisa.Sedgwick@crowncastle.com IP Address: 64.213.130.18 Record Tracking Status: Original 9/29/2023 12:23:36 PM Holder: Lisa Sedgwick Lisa.Sedgwick@crowncastle.com Location: DocuSign Signer Events Signature Timestamp Lisa Sedgwick Lisa.Sedgwick@crowncastle.com Manager Real Estate Crown Castle Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.213.130.18 Sent: 9/29/2023 12:24:38 PM Viewed: 9/29/2023 12:24:48 PM Signed: 9/29/2023 12:26:20 PM Freeform Signing Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Amanda Gray amanda.gray@crowncastle.com Security Level: Email, Account Authentication (None) Sent: 9/29/2023 12:26:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kala Bonner kala.bonner@crowncastle.com Sr Transaction Specialist Security Level: Email, Account Authentication (None) Sent: 9/29/2023 12:26:20 PM Viewed: 9/29/2023 4:47:27 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps 156 Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/29/2023 12:24:38 PM Certified Delivered Security Checked 9/29/2023 12:24:48 PM Signing Complete Security Checked 9/29/2023 12:26:20 PM Completed Security Checked 9/29/2023 12:26:21 PM Payment Events Status Timestamps 157 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO A LEASE AGREEMENT WITH CROWN CASTLE FOR THE WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 4275 WALNUT AVENUE RECITALS WHEREAS, the City of Lynwood (“City”) previously entered into several lease agreements for City-owned property for the development of wireless telecommunications facilities by various wireless telecommunications companies; and WHEREAS, Crown Castle MU LLC (“Crown Castle”) is a wireless telecommunications company that has subsequently acquired the rights to the COMMUNICATIONS SITE GROUND LEASE with Mountain Union Telecom of California, LLC dated July 25, 2000 (“Agreement”) for the wireless telecommunications facility located at 4275 Walnut Avenue (“Walnut”); and WHEREAS, the Term of Agreement for the Walnut facility will expire in 2030, and City and Crown Castle desire to amend the Agreement for the Walnut facility to extend the lease terms for four (4) additional five-year extension terms for a total possible lease term of fifty (50) years (“Amendment”); and WHEREAS, in exchange for a fifteen (15) year waiver of base rent, the City and Crown Castle have agreed to a lump sum payment for pre-paid rent of $520,000.00, and the wavier of the base rent shall not affect the revenue sharing obligation under the Agreement; and WHEREAS, the City Council finds that it is in the City’s best interest to enter into the proposed Amendment to the lease for the Walnut facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES 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.The City Council authorizes the City Manager to execute the First Amendment to Communications Site Ground Lease for the Walnut facility in a form approved by the City Attorney, and authorizes the City Manager to enter into any amendments, modifications, change orders, or agreements necessary to effectuate the purposes of the Agreement. Section 3. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect. 158 2 PASSED, APPROVED AND ADOPTED this ____ day of ________ 2023. ________________________________ 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, Community Development Director 159 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO A LEASE AGREEMENT WITH CROWN CASTLE FOR THE WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 11240 CALIFORNIA AVENUE RECITALS WHEREAS, the City of Lynwood (“City”) previously entered into several lease agreements for City-owned property for the development of wireless telecommunications facilities by various wireless telecommunications companies; and WHEREAS, Crown Castle MU LLC (“Crown Castle”) is a wireless telecommunications company that has subsequently acquired the rights to the COMMUNICATIONS SITE GROUND LEASE with Mountain Union Telecom of California, LLC, dated July 25, 2000 (“Agreement”) for the wireless telecommunications facility located at 11240 California Avenue (“Sanborn”); and WHEREAS, the Term of Agreement for the Sanborn facility will expire in 2030, and City and Crown Castle desire to amend the Agreement for the Sanborn facility to extend the lease terms for four (4) additional five-year extension terms for a total possible lease term of fifty (50) years (“Amendment”); and WHEREAS, in exchange for a fifteen (15) year waiver of base rent, the City and Crown Castle have agreed to a lump sum payment for pre-paid rent of $590,000.00, and the wavier of the base rent shall not affect the revenue sharing obligation under the Agreement; and WHEREAS, the City Council finds that it is in the City’s best interest to enter into the proposed Amendment to the lease for the Sanborn facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES 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.The City Council authorizes the City Manager to execute the First Amendment to Communications Site Ground Lease for the Sanborn facility in a form approved by the City Attorney, and authorizes the City Manager to enter into any amendments, modifications, change orders, or agreements necessary to effectuate the purposes of the Agreement. Section 3. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect. 160 2 PASSED, APPROVED AND ADOPTED this ____ day of ________ 2023. ________________________________ 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, Community Development Director 161 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO A LEASE AGREEMENT WITH CROWN CASTLE FOR THE WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 10399 ½ LONG BEACH BOULEVARD RECITALS WHEREAS, the City of Lynwood (“City”) previously entered into several lease agreements for City-owned property for the development of wireless telecommunications facilities by various wireless telecommunications companies; and WHEREAS, STC ONE, LLC (“Crown Castle”) is a subsidiary of Crown Castle, a wireless telecommunications company that has subsequently acquired the rights to the PCS SITE AGREEMENT with Sprint PCS Assets, LLC, dated August 29, 2002 (“Agreement”) for the wireless telecommunications facility located at 10399 1/2 Long Beach Boulevard (“Clock Tower”); and WHEREAS, the Term of the Agreement for the Clock Tower facility will expire in 2027, and City and Crown Castle desire to amend the Agreement for the Clock Tower facility to extend the lease terms for four (4) additional five-year extension terms for a total possible lease term of forty-five (45) years (“Amendment”); and WHEREAS, in exchange for a fifteen (15) year waiver of base rent for each site, the City and Crown Castle have agreed to a lump sum payment for pre-paid rent of $181,250.00 for the Clock Tower facility; and WHEREAS, the City Council finds that it is in the City’s best interest to enter into the proposed Amendment to the lease for the Clock Tower facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES 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.The City Council authorizes the City Manager to execute the attached First Amendment to the PCS Site Agreement for the Clock Tower facility in a form approved by the City Attorney, and authorize the City Manager to enter into any amendments, modifications, change orders, or agreements necessary to effectuate the purposes of the Agreement. Section 3. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect. 162 2 PASSED, APPROVED AND ADOPTED this ____ day of ________ 2023. ________________________________ 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, Community Development Director 163 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO A LEASE AGREEMENT WITH CROWN CASTLE FOR THE WIRELESS TELECOMMUNICATIONS FACILITY LOCATED AT 11190 ALAMEDA STREET RECITALS WHEREAS, the City of Lynwood (“City”) previously entered into several lease agreements for City-owned property for the development of wireless telecommunications facilities by various wireless telecommunications companies; and WHEREAS, Crown Castle MU LLC (“Crown Castle”) is a wireless telecommunications company that has subsequently acquired the rights to the COMMUNICATIONS SITE GROUND LEASE with Mountain Union Telecom of California, LLC, dated July 25, 2000 (“Agreement”) for the wireless telecommunications facility located at 11190 Alameda Street (“Alameda”); and WHEREAS, the Term of the Agreement for the Alameda facility will expire in 2030, and City and Crown Castle desire to amend the Agreement for the Alameda facility to extend the lease terms for four (4) additional five-year extension terms for a total possible lease term of fifty (50) years (“Amendment”); and WHEREAS, in exchange for a fifteen (15) year waiver of base rent, the City and Crown Castle have agreed to a lump sum payment for pre-paid rent of $350,000.00, and the wavier of the base rent shall not affect the revenue sharing obligation under the Agreement; and WHEREAS, the Alameda facility lease area will also be expanding from 3,840 sq. ft. to 4,613 sq. ft.; and WHEREAS, the City Council finds that it is in the City’s best interest to enter into the proposed Amendment to the lease for the Alameda facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES 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.The City Council authorizes the City Manager to execute the First Amendment to Communications Site Ground Lease for the Alameda facility in a form approved by the City Attorney, and authorizes the City Manager to enter into any amendments, modifications, change orders, or agreements necessary to effectuate the purposes of the Agreement. 164 2 Section 3. The City Clerk shall certify to the adoption of this Resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this ____ day of ________ 2023. ________________________________ 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, Community Development Director 165 AGENDA STAFF REPORT DATE:October 17, 2023 TO:Honorable Mayor and Members of the City Council APPROVED BY:Ernie Hernandez, City Manager PREPARED BY:Mark Flores, Director of Recreation & Community Services Jose Trejo, Deputy Director of Recreation & Community Services SUBJECT:RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR PRIVATE SECURITY SERVICES FOR CITY PARKS AND FACILITIES Agenda Item # 10.2. Recommendation: Staff recommends that the City Council take the following actions: 1. Authorize staff not to exercise the Year #2 security services contract extension option with Good Guard Security, approving of expiration of the Agreement, effective October 24, 2023. 2. Adopt the attached resolution, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX- MONTH AGREEMENT WITH PROFESSIONAL SECURITY CONSULTANTS IN THE AMOUNT NOT-TO-EXCEED $200,000.” Background: In October of 2022, the City entered into an agreement with Good Guard Security, Inc., to be the City’s security services provider. The agreement’s initial term is for one (1) year, expiring on October 24, 2023. Staff is requesting authority to allow the current contract to expire and for staff to execute a restricted agreement with a new security provider. The recommended action will ensure the City is able to continue to provide security services for its parks and facilities with limited interruptions. Discussion and Analysis: In October of 2022, the City entered into an Agreement with Good Guard Security, Inc., to be the City’s new provider of security services for the City’s parks and facilities. The selection of City Council City Council Regular Meeting 166 Good Guard, Inc., resulted from a formal RFP process and followed a multi-year professional services relationship between the City and Professional Security Consultants, Inc. The RFP selection committee was comprised of industry professionals from the LAC Sheriff’s Department (Century Station), the Lynwood Unified School District’s Chief of Campus Security and City of Lynwood representatives from the Community Development and Finance Departments. With professional input from the committee and results from interviews with the top four (4) graded firms - from a total of nine (9) respondents to the RFP - the committee recommended consideration of Good Guard Security, Inc. to be the City’s new provider. In line with staff’s recommendation, the City Council awarded the contract to Good Guard Security that went into effect on October 24, 2022. The initial term is for one (1) year from October 24, 2022 through October 24, 2023. As part of existing contract provisions, the City currently has the option of extending the agreement for three (3) additional one-year terms and potentially concluding October 24, 2026. If the awarded contractor continued to perform high-level service at a competitive price, the structure of the current agreement intended to create opportunities for a long-term and consistent working relationship. A copy of the contract with Good Guard Security is attached as Exhibit A. Summary of Recommended Action As the current services agreement approaches its Year #1 expiration date on 10/24/23, staff believes that the City would be best served by a different service provider and recommends that the City Council authorize staff to choose not to exercise the possible extension option for year #2. Staff is requesting authority from the City Council to allow the current contract to expire and then have staff execute a six (6) months agreement with Professional Security Consultants for security services up to, but not-to-exceed $200,000 for day-to-day service operations. This action is in accordance with the City’s informal bid process - Lynwood Municipal Code (LMC) 6-3.9 (d) Exceptions to Formal Bidding requirements. The recommended action will ensure that the City is able to continue providing security services for its parks and facilities with limited service interruption. Staff will also begin to develop a new Request for Proposals (RFP) process. Summary of 2022 RFP Process The 2022 RFP process for Security Services proposals, resulted in nine (9) firms responding to the City’s Request for Proposals (Please refer to list of firms in Exhibit B). In anticipation of potentially moving forward with a new security services provider after 10/24/23, staff contacted the second and third ranked firms from the 2022 RFP to inquire about their interest in providing services to the City. Both firms expressed interest and are available should the City choose to contract with them. Staff finds both firms highly qualified and capable to meet the City’s needs, but with a significant cost difference between the two firms. The respective proposals of both firms are attached to this staff report. Professional Security Consultants (PSC) resubmitted their original proposal from the 2022 RFP (Exhibit C) and American Guard Services (AGS) updated their pricing (Exhibit D) to reflect their increased proposed cost. City Council City Council Regular Meeting 167 Table #1 COMPANY Straight Bill Rate Overtime Bill Rate Professional Security Consultants (PSC) $29.96 $44.93 American Guard Services (AGS)$33.25 $48.21 Total FY23/24 Adopted Budget for Parks and Facilities Services $378,475 The City has a significant need to continue security services. Staff has evaluated both proposals from PSC and ASC and recommends that the City Council authorize staff to execute a six (6) months agreement with PSC for security services. As the City’s previous security provider, PSC is well-positioned and capable of immediately servicing this agreement on an interim basis while the City completes the RFP process for a new agreement . If staff is authorized to move forward with an agreement with PSC, there will already be sufficient funding within the FY 23-24 budget for daily park and facility patrol security services and no additional funding will be needed. Staff would then prepare an RFP to go out to bid as soon as possible. A formal RFP process will take approximately 4 to 6 months - including the contract development process and an allowance for a possible service provider transition. Alternatively, the City Council may choose to consider AGS for security services. However, staff does not recommend this option. Without reducing current service levels, an agreement with AGS will result an increase to the cost of services. To stay within the adopted budget for this service, contracting with AGS will require a reduction in the existing scope of work (currently at 224 hours per week of security services). Maintaining current service levels with AGS will mean that the higher proposed personnel cost will result in having to appropriate additional funds to complete the FY-23. Fiscal Impact: City Council City Council Regular Meeting 168 Ex A Good Guard Security.pdf Ex _B Firm List.pdf Ex C PSC proposal_8_2022.pdf Ex D AGS - City of Lynwood September 2023.pdf Sample _Professional-Services-Agreement-Lynwood-PSC 2023.docx RESOLUTION - Security_Contract 2023.docx There are no anticipated fiscal impacts to the City’s General Fund from the recommended action. Funding for security service patrols of facilities and parks is included in the Adopted FY 2023-2024 Budget. The Scope of Services for the recommended Professional Service Agreement with PSC will be limited to the allocated budget for patrol services. Coordinated With: City Manager Finance Department City Attorney ATTACHMENTS: Description City Council City Council Regular Meeting 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 SECURITY GUARD SERVICES RFP EVALUATION RANKING Exhibit “B” Proposal Evaluation: Maximum 330 Points Interview: Maximum 100 Points Ranking by Points Firm City of Lynwood Senior Management Analysist Lynwood Unified School District Chief of Security City of Lynwood Community Development Safety Officer Average Short-listed Candidate Interview Average Score Order by Interview Ranking 1 Good Guard Security, Inc. 234 203 274 237 YES 97.5 1 2 Absolute International Security 206 254 220 226.6 YES 72 4 3 Professional Security Consultants 223 225 224 224 YES 81.7 3 4 American Guard Services 220 212 233 221.6 YES 81.5 2 5 American Global Security 214 221 221 218 NO 6 McLimak Global 188 152 292 210 NO 7 United Security Services 193 202 202 199 NO 8 Contact Security, Inc. 165 161 249 191 NO 9 California Panther Security 183 102 286 190 NO 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 AMERICAN OWNED [1] AMERICAN OPERATED Security Guard Services • Stakeholder Communication • Rapid Response • Guard Location Tracking Executive Summary September 12, 2023 City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Response to Request for Security Services As you are aware, American Guard Services (AGS) provided a bid response to the City of Lynwood’s (City) request for proposal in late 2022. AGS appreciates that the City is looking for a new security provider and appreciates the Zoom call on Monday, September 11th to discuss the City’s needs, current situation, and desired partnership with a new security provider. As expressed on that Zoom call, AGS is interested in providing armed and unarmed security guard services to the City of Lynwood’s parks and public facilities. AGS understands and is committed to the provision of security services for the City’s Parks and Public Facilities. AGS has updated our proposed pricing in accordance with market forces which have increased market wages as detailed in this proposal and detailed in our market surveys enclosed. Brief History of the Firm AGS is a corporation founded in 1997. For over 25 years, we have implemented all- encompassing security services across the United States for both government and commercial clients. Our provided services include but are not limited to the training, management, and deployment of licensed security personnel. AGS maintains regional and nationwide infrastructure, 6,000+ personnel, management expertise, geographical familiarity, demographical understanding, and offices in key areas – including our corporate headquarters in Los Angeles – all committed to ensuring the optimal servicing of every contract through the proper provision of quality officers and resource support. Demonstrated Experience and Successful Past Performance The dual nature of AGS to garner a nationwide reach while maintaining a strong local focus in Southern California places us in a uniquely exceptional position to provide security services for the City. Our heavy regional infrastructure, personnel capabilities, and management expertise currently provide security services for government entities throughout the region as well as nationwide . AGS is simultaneously ready to 236 AMERICAN OWNED [2] AMERICAN OPERATED Security Guard Services • Stakeholder Communication • Rapid Response • Guard Location Tracking accommodate growth and extend our services to include the City, should our firm be selected. A distinguishing advantage of contracting with AGS is our specialized security experience in staffing security services for all-encompassing armed and unarmed security contracts. We currently service contracts, in-state and nationwide, similar to the City’s specified needs, providing security for various entities through direct and associated work including critical infrastructure, housing authorities, transit authorities, federal and local municipalities, educational institutions, and maritime facilities. AGS is intrinsically familiar and experienced with the vast needs and associated concerns of all-encompassing security contracts including issues related, but not limited to visitors, foot and mobile patrols, surveillance solutions, security consulting, investigations, and interactions with a wide variety of personalities. With a multitude of similar contracts, we are the premier security services provider in this field. Superior Security Services: Officer Wage Survey To offer above-average wages and assess regional competition, AGS conducts wage surveys. We present this information to embed the ideal that we offer above-average rates in order to select the most qualified candidates while simultaneously maximizing officer retention and raising the bar for expectations, showing that we are not merely hiring warm bodies. The information provided by the following table compares our proposed rates with averages from current job listings for unarmed officer and armed officer candidates local to Lynwood, CA: $20.00 $18.94 $17.63 $18.00 $18.63 $19.50 $19.91 $20.00 $17.00 $17.70 $18.40 $19.10 $19.80 $20.50 American Guard Services, Inc. Average Dinasty Security Good Guard Security Figueroa Group Inc Defense International Allied Universal Professional Security Consultants Wage Survey for Unarmed Security Lynwood, CA Area 237 AMERICAN OWNED [3] AMERICAN OPERATED Security Guard Services • Stakeholder Communication • Rapid Response • Guard Location Tracking The average hourly rates for unarmed officers and armed officers, listed above, were compiled from current job listings posted by other security companies. As the average pay for unarmed security officers per the above data is $18.94 per hour, AGS proposes a minimum pay rate of $20.00 per hour for unarmed security officer candidates. Additionally, as the average pay for armed security officers per the above data is $2 4.66 per hour, AGS proposes a minimum pay rate of $26.00 per hour for armed security office r candidates to ensure the recruitment and retention of highly qualified security professionals. In consideration of these averages AGS proposes above-average and fair-market rates, ensuring the ability to offer premium wages and attract ing the best candidates available. These rates will increase year-over-year to remain competitive and ensure continued excellence in the security services provided to the City, if awarded. Offering competitive wages and appropriate increases helps with recruitment and retention, ensures a higher caliber of security officer, and delivers a value for which there is no rep lacement. Superior Security Services: SAFETY Act Designation Our SAFETY Act Designation is proof that AGS embodies and provides the highest standards when it comes to detecting suspicious activity, providing superior security, correct and project-specific training as well as protections against domestic terrorism. This Designation provides legal liability protections for sellers of Qualified Anti-Terrorism Technologies (QATT) and their clients, ensuring implementation of TSA-approved screening procedures, ambulatory patrol methods, surveillance solutions, thorough understanding of interpersonal relationships, and technology implementations tailored for every project’s unique security needs. Out of thousands of security companies, AGS is of a select few with this Designation from the U.S. Department of Homeland Security. These such experiences, resources, national reach, Designations, and overall know-how are all part of AGS’s distinguishing characteristics as a security service provider . To further complement our traits and accomplishments, we maintain a Code of Conduct which we teach to all officers who display our badge: Observe, Take Action, Report. AGS $26.00 $24.66 $22.00 $23.00 $24.00 $24.92 $25.00 $25.03 $26.00 $21.50 $22.30 $23.10 $23.90 $24.70 $25.50 $26.30 American Guard Services, Inc. Average Good Guard Security ACS Security Global 360 Allied Universal Galahad Level One Protection, Inc. The World Protection Group Wage Survey for Armed Security Lynwood, CA Area 238 AMERICAN OWNED [4] AMERICAN OPERATED Security Guard Services • Stakeholder Communication • Rapid Response • Guard Location Tracking makes this simple addition to a trusted ideal emphasizing the role a security officer undertakes to serve as mediator and uniformed protector. AGS Signatory Please see the following page for proposed year 1 and year 2 rates for unarmed and armed security services. Should you require further information, please contact me at any time. AGS thanks the City for this opportunity and we hope to have demonstrated the value we are certain to provide. Respectfully, Gerald Gregory, Executive Vice President American Guard Services, Inc. 1125 W 190th Street, Los Angeles, CA 90248 Phone: (800) 441-1808 jgregory@americanguardservices.com With copy to: Craig Weissman, CFE Vice President of Contract Compliance American Guard Services, Inc. cweissman@americanguardservices.com 239 AMERICAN OWNED [5] AMERICAN OPERATED Security Guard Services • Stakeholder Communication • Rapid Response • Guard Location Tracking Year 1 Pricing (2023-2024) 240 AMERICAN OWNED [6] AMERICAN OPERATED Security Guard Services • Stakeholder Communication • Rapid Response • Guard Location Tracking Year 2 Pricing (2024-2025) 241 1 PROFESSIONAL SERVICES AGREEMENT This agreement (“Agreement”) is made as of October 2, 2023, by and between the City of Lynwood, a municipal corporation ("City") and Professional Security Consultants,a State of California Corporation (“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 provide both unarmed and armed uniformed security service 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 the Exhibit A. Consultant agrees to provide the services and perform that tasks set forth is the Scope of Work, attached to and made part of this Agreement, except that, to the extent that nay provision in Exhibit A conflicts with this Agreement, the provisions of the Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City. 2.Term of Agreement. This Agreement shall be from the effective Date through October 25, 2024, 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 C (Fees for Security Services). All expenses related to the security services provided by Consultant pursuant to this Agreement shall be paid by Consultant, including, but not limited to, all labor costs, bonds and insurance premiums, uniforms and equipment and overhead costs. B. Consultant shall submit to City an invoice in the form and manner specified by City. Each invoice shall include a breakdown of the services rendered during the billing period. Consultant shall maintain appropriate and necessary documentation supporting the invoice detailing the type of service provided. It shall be available for review by the 242 2 City at all reasonable times upon request. City shall endeavor to pay invoices bearing correct and authorized charges within forty- five (45) days of the date they are received after a complete and correct invoice has been approved for payment by the City. Each invoice submitted by Consultant shall include: 1) City’s Agreement Number 2) Date of Invoice 3) Sequential Invoice Number 4) Service Location 5) Dates of services provided 6) Number of hours worked by each employee and rate of pay 7) Total charges for services Consultant shall submit invoices addressed to: City of Lynwood Recreation and Community Services Department 11301 Bullis Road Lynwood, California 90262 C. Total payment to Consultant pursuant to this Agreement shall not exceed [ ]. D. 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 invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur 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 243 3 Company Professional Security Consultants 11454 San Vicente Boulevard Los Angeles, CA 90049 Attn: 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 (City’s Request for Proposals No. ) Exhibit B - General Terms and Conditions Exhibit C - Compensation Schedule (Fees and Security Service Schedule) Attachment 1 - Company’s Insurance Policy, Real Property, and Vehicle Information /// SIGNATURES ON FOLLOWING PAGE 244 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY CITY OF LYNWOOD By:____________________________________________________ Ernie Hernandez, City Manager Date CONSULTANT PROFESSIONAL SECURITY CONSULTANTS By:_______________________________________________________ Mayura Rao, Senior Vice President Date ATTEST: By:______________________________________________________ Maria Quinonez, City Clerk Date APPROVED AS TO FORM: By:______________________________________________________ Noel Tapia, City Attorney Date 245 1 EXHIBIT A SCOPE OF WORK 246 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’semployees. 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 247 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. 248 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. 249 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, 250 5 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 251 6 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 252 7 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 253 8 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, 254 9 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. 255 10 Exhibit C FEES FOR SECURITY SERVICES Attachment 1 (1) Name, address, and telephone number of the entity and the security guard COMPANY through whom the labor or services are to be provided. 256 11 City Company City of Lynwood Professional Security Consultants 11330 Bullis Road Address: Lynwood, CA 90262 (310) 603-0220, Ext. 319 Telephone: Email: (2) The employer identification number for state tax purposes of the security guard COMPANY. (3) The workers' compensation insurance policy number and the name, address, and telephone number of the insurance carrier of the security guard COMPANY. (4) The vehicle identification numbers of any vehicle that is owned by the security guard COMPANY and used for transportation in connection with any service provided pursuant to the Agreement, the number of the vehicle liability insurance policy that covers the vehicle, and the name, address and telephone number of the insurance carrier. (5) The address of any real property to be used to house workers in connection with the Agreement. 257 RESOLUTION NO.____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX-MONTH AGREEMENT WITH PROFESSIONAL SECURITY CONSULTANTS IN THE AMOUNT NOT-TO- EXCEED $200,000 WHEREAS,the City of Lynwood finds that it is best served by another security service provider and chooses not to exercise the possible extension option for year #2 of the security services agreement that expires on October 24, 2023; and WHEREAS,the City Council directs staff to explore other viable options for security services; and WHEREAS,the 2022 RFP process for Security Services proposals concluded in September 2022 and resulted in nine (9) firms responding to the Request For Proposals; and WHEREAS, Lynwood Municipal Code Section 6-3.9(d) allows the City to undertake an informal bidding process for the procedure of professional services in nonemergency situations for contracts with a value between $50,001 and $200,000; and WHEREAS,staff has contacted the second (AGS) and third (PSC) top leading firms from the nine (9) firms evaluated during the 2022 RFP process; and WHEREAS, after careful consideration of each of the proposals from AGC and PSC, staff finds the proposal from PSC is best suited to the needs of the City and was the most cost effective of the two proposals; WHEREAS,the City Council desires to continue providing security services for its parks and facilities with limited services interruption; and WHEREAS,funds are budgeted and an allocation is disseminated to each department’s security services expenditure account within the adopted budget for fiscal year 2023/2024 for security services. NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The City Council for the City of Lynwood finds and declares that the forgoing 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 Professional Security Consultants to provide Security Guard Services for the City of Lynwood’s Parks and Facilities for the period noted. 258 Section 3.That the Mayor is authorized to execute a six (6) months agreement with Professional Security Consultants from October 25, 2023 through April 25, 2024 for security services up to, but not-to-exceed $200,000 for security service operations, in a form approved by the City Attorney. The Mayor is also authorized to execute the Resolution for and on behalf of the City of Lynwood. Section 4. A record signature copy of said agreement and any amendments is to be on file in the Office of the City Clerk. Section 5. This Resolution shall take full force and effect immediately upon adoption by the City Council. PASSED, APPROVED AND ADOPTED this 17th day of October, 2023. _________________________ Oscar Flores Mayor ATTEST: _________________________________________________ Maria Quinonez Ernie Hernandez City Clerk City Manager APPROVED AS TO FORM:APPROVED AS TO CONTENT: __________________________________________________ Noel Tapia,Mark Flores, Director City Attorney Recreation & Community Services 259 STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the Lynwood City Council at a regularly scheduled meeting held on the 17th day of October, 2023. AYES: NOES: ABSENT: ABSTAIN: __________________________ Maria Quinonez, City Clerk STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, 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 17th day of October, 2023. __________________________ Maria Quinonez, City Clerk 260