Lakewood City Council
February 8, 2022

AGENDA

REGULAR CITY COUNCIL MEETING

WEINGART BALLROOM
5000 CLARK AVENUE

LAKEWOOD, CALIFORNIA
February 8, 2022
ADJOURNED MEETING: 6:00 p.m.

CLOSED SESSIONS: MAPLE ROOM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code §54956.8 Property: 5200 Clark Avenue (U.S. Post Office)
Agency Negotiators: City Manager, Deputy City Manager, Director of Finance and Administrative Services, Director of Public Works, Deputy Director of Public Works, Legal Counsel Negotiating Party: Broker for U.S. Postal Service
Under Negotiation: Instruction Regarding Lease Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code §54956.8 Property: 6921 Nixon Street
Agency Negotiators: City Manager, Deputy City Manager, Director of Finance and Administrative Services, Director of Public Works, Deputy Director of Public Works, Legal Counsel Negotiating Party: Property Owner
Under Negotiation: Potential Purchase of Property
CALL TO ORDER 7:30 p.m.

INVOCATION: Reverend Dr. Paul Kim, Trinity United Methodist Church PLEDGE OF ALLEGIANCE: Scout Troop 134
ROLL CALL: Mayor Jeff Wood
Vice Mayor Steve Croft
Council Member Ariel Pe
Council Member Todd Rogers
Council Member Vicki Stuckey
ANNOUNCEMENTS AND PRESENTATIONS:

Presentation by Sonya Jahn, of SJ Equestrian, regarding the Lakewood Equestrian Center ROUTINE ITEMS:

All items listed within this section of the agenda are considered to be routine and will be enacted by one motion without separate discussion. Any Member of Council may request an item be removed for individual discussion or further explanation. All items removed shall be considered immediately following action on the remaining items.

RI-1 MEETING MINUTES - Staff recommends City Council approve Minutes of the Meetings held January 25, 2022.

City Council Agenda
February 8, 2022

ROUTINE ITEMS: - Continued
RI-2 PERSONNEL TRANSACTIONS - Staff recommends City Council approve report of personnel transactions.

RI-3 REGISTERS OF DEMANDS - Staff recommends City Council approve registers of demands.

RI-4 CITY COUNCIL COMMITTEES’ ACTIVITIES - Staff recommends City Council receive and file the report.

RI-5 RESOLUTION NO. 2022-7; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEWOOD EXTENDING A LOCAL EMERGENCY DUE TO THE COVID-19 VIRUS - Staff recommends City Council adopt proposed resolution.

RI-6 RESOLUTION NO. 2022-8; ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022 - Staff recommends City Council adopt proposed resolution.

RI-7 SECOND AMENDMENT TO AGREEMENT FOR CATERED EVENTS AT MONTE VERDE PARK - Staff recommends City Council authorize the Mayor to sign the Second Amendment to Agreement for Catered Events at Monte Verde Park, subject to the approval as to form by the City Attorney, with TGIS Catering Services, Inc.

RI-8 AGREEMENT FOR PAN AM FIESTA AMUSEMENT RIDES - Staff recommends City Council authorize the Mayor to execute the 2022 Agreement for the Pan Am Fiesta Amusement Rides subject to approval as to legal form by the City Attorney.

RI-9 SELECTION OF INFORMATION TECHNOLOGY SERVICES PROVIDER - Staff recommends the City Council authorize staff to enter into an agreement with AEF Systems Consulting, Inc. to provide project management support for the upgrade of the City’s Tyler MUNIS system in an amount not to exceed $100,650 for Phase I of the project and up to $52,712 for Phase II (if City opts to implement).

RI-10 APPLICATION FOR SENATE BILL (SB) 1383 LOCAL ASSISTANCE GRANT PROGRAM

THROUGH THE DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY (CALRECYCLE) - Staff recommends the City Council adopt the proposed resolution authorizing the submittal of grant application for SB 1383 Local Assistance Program, and authorizing the Director of Public Works to execute all grant-related documents and administer the grant for which the City is eligible.

RI-11 ADDITIONAL DESIGN SERVICES - WILLDAN ENGINEERING – MEDIAN ISLAND LANDSCAPE CONVERSION PROJECT - Staff recommends City Council authorize Willdan Engineering to provide additional design services in the amount of $38,895 for additional scope of work to be added to the ARPA Median Landscape Project under their existing on-call agreement with the City, and authorize the City Manager to sign the proposal.

City Council Agenda
February 8, 2022

In compliance with the Americans with Disabilities Act, if you are a qualified individual with a disability and need an accommodation to participate in the City Council meeting, please contact the City Clerk’s Office, 5050 Clark Avenue, Lakewood, CA, at 562/866-9771, ext. 2200; or at [email protected] at least 48 hours in advance to ensure that reasonable arrangements can be made to provide accessibility to the meeting.

Agenda items are on file in the Office of the City Clerk, 5050 Clark Avenue, Lakewood, and are available for public review during regular business hours. Any supplemental material distributed after the posting of the agenda will be made available for public inspection during normal business hours in the City Clerk’s Office. For your convenience, the agenda and the supporting documents are available in an alternate format by request and are also posted on the City’s website at www.lakewoodcity.org REPORTS:

3.1 AWARD OF BID FOR PUBLIC WORKS PROJECT NO. 2022-1, MAJOR & COLLECTOR STREET PAVING FY22 - Staff recommends City Council award a contract for PW 2022-1, Major & Collector Street Paving FY22, in the amount of $4,455,840 to R.J. Noble Company of Orange and authorize the Mayor to sign the contract in a form approved by the City Attorney; authorize staff to approve a cumulative total of contract change orders, as needed, not to exceed $500,000; adopt the plans, specifications and working details for the project; authorize staff to approve Willdan’s proposal to provide construction inspection for the the project under their existing Agreement for Engineering Services, in an amount of $127,800; and authorize the funding source and amounts to be used on the project.

3.2 FISCAL YEAR (FY) 2021-22 MID-BUDGET REVIEW AND ADJUSTMENTS AND PRESENTATION OF THE FY 2022-24 TWO-YEAR BUDGET PREPARATION CALENDAR - Staff recommends the City Council adopt the noted changes for inclusion into the City’s FY 2021-22 Revised Budget and direct staff to make all related adjustments to the City’s budget appropriations; and receive and file the FY 2022-24 Two-Year Budget Preparation Calendar and provide direction to staff regarding the preparation of the upcoming budget.

AGENDA

LAKEWOOD HOUSING SUCCESSOR AGENCY

1. REGISTER OF DEMANDS - Staff recommends Housing Successor Agency approve register of demands.

ORAL COMMUNICATIONS:

ADJOURNMENT

RI-1
Routine Item 1 – City Council Minutes
will be available prior to the meeting.

RI-2

COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Report of Personnel Transactions
Effective
Name Title Schedule Date

1. FULL-TIME EMPLOYEES
A. Appointments
B. Changes
C. Separations
Matthew Chieuchen Water Utility Worker 12A 01/28/2021

2. PART-TIME EMPLOYEES
A. Appointments
B. Changes
C. Separations
Thaddeus McCormack
City Manager

CITY OF LAKEWOOD
SUMMARY ACH/WIRE REGISTER JAN 2022
ACH date Amount Recipient Purpose Period
1/5/22 $2,250.00 CalPERS PERS GASB 68 actuarial report FY 20/21 1/12/22 $114,576.32 IRS via F&M Payroll - Federal Taxes Dec 26, '21-Jan 8, '22 1/13/22 $3,530.00 F&A Fed C/U Payroll - Employee Deposits Dec 26, '21-Jan 8, '22 1/13/22 $6,422.00 Southland C/U Payroll - Employee Deposits Dec 26, '21-Jan 8, '22 1/13/22 $32,580.00 EDD Payroll - State taxes Dec 26, '21-Jan 8, '22 1/13/22 $14,067.89 HUD Refund for Planning & Admin. FY 20/21 1/14/22 $1,929.13 MidAmerica Retiree Medical Benefit Dec 26, '21-Jan 8, '22 1/14/22 $14,484.58 VOYA Payroll -Deferred Compensation Dec 26, '21-Jan 8, '22 1/14/22 $3,425.00 PARS via U.S. Bank Payroll - Retirement Plan Dec 26, '21-Jan 8, '22 1/14/22 $5,293.13 PARS via U.S. Bank Payroll - Retirement Plan Dec 26, '21-Jan 8, '22 1/14/22 $31,178.70 VOYA Payroll - Deferred Compensation Dec 26, '21-Jan 8, '22 1/14/22 $42,403.62 PARS via U.S. Bank Payroll - Deferred Compensation Dec 26, '21-Jan 8, '22 1/19/22 $24,984.85 MidAmerica Retiree Medical Benefit Jan 2022 1/19/22 $105,859.00 CalPERS Payroll - Retirement Plan Dec 26, '21-Jan 8, '22 1/21/22 $61,127.55 City Light & Power Street Lighting Services Jan 2022 1/21/21 $5,300,000.00 LAIF City Investment Deposit Jan 2022 1/26/22 $97,592.24 IRS via F&M Payroll - Federal Taxes Jan 9-22, 2022 1/27/22 $3,530.00 F&A Fed C/U Payroll - Employee Deposits Jan 9-22, 2022 1/27/22 $6,200.00 Southland C/U Payroll - Employee Deposits Jan 9-22, 2022 1/27/22 $27,047.73 EDD Payroll - State taxes Jan 9-22, 2022 1/27/22 $2,211.09 MidAmerica Retiree Medical Benefit Jan 9-22, 2022 1/27/22 $11,554.54 VOYA Payroll -Deferred Compensation Jan 9-22, 2022 1/27/22 $8,378.41 PARS via U.S. Bank Payroll - Retirement Plan Jan 9-22, 2022 1/27/22 $30,853.70 VOYA Payroll - Deferred Compensation Jan 9-22, 2022 1/28/21 $2,000,000.00 LAIF City Investment Deposit Jan 2022 1/31/22 $2,000.00 LCEA Employee paid dues Jan 2022
Council Approval
Date City Manager
Attest:

City Clerk Director of Finance & Administrative Services

RI-4

COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Report of City Council Committees’ Activities

INTRODUCTION
A brief update is provided for City Council review on the activities of the following standing committee: Community Promotion Committee.

STATEMENT OF FACT
On Wednesday, January 19, the Community Promotions Committee met and discussed reports on the following events:

Pan Am Fiesta
Community Services Manager Nicole Duran reported on Pan Am Fiesta, the communities’ oldest special event. The annual Pan Am Fiesta will begin on Thursday, May 5 and conclude on Sunday, May 8. The event will return to its original location on Lisa Fernandez field and the outfield of diamond #2. Event elements include amusement rides, food booths, entertainment, Children’s Cultural booth, and craft and community display booths. · Amusement rides will begin Thursday with $2 ride night and continue throughout the long weekend concluding on Sunday, May 8 at 9 p.m.
· Lakewood Community Groups will once again sponsor food booths. Ms. Duran reported on new guidelines implemented by the Los Angeles County Department of Public Health (DPH).

Non-profit 501(c)3 organizations will be required to pay $184 for a temporary food facility certification for food preparation. Community groups will be responsible for this fee to host a booth. The city will provide each group with a 10x10 EZ Up canopy, tables, chairs, electricity, and handwashing stations and pay the $358 event organizer fee, which is required by the DPH.

There is no cost for a community group to host a food truck. · Live entertainment will be offered on Friday 5 to 9 p.m. and on Saturday from 4:30 to 9 p.m.

Susie Hansen Latin band has been confirmed for Friday evening and Selena Tribute band has been confirmed to close out Saturday night. City staff are still finalizing all other entertainment for the weekend. The Welcome and Flag Ceremony will take place on Saturday at 12:30 p.m. · Children’s Cultural will offer a full schedule of activities and entertainment on Saturday from 11 a.m. to 5 p.m. including crafts and food tastings.
· On Saturday from 11 a.m. to 6 p.m., a one-day craft show with 50 vendors and community booths will be on display.
· A shuttle service will run every 15 minutes from the east parking lot of City Hall to the event site.

In conclusion, the long weekend draws in a large crowd, Public Health protocols and recommended best practices to reduce the spread of COVID-19 will be adhered to. Additionally, Council Committees’ Activities
February 8, 2022

Los Angeles Sheriff’s Department will provide security on foot within the amusement ride area and the community booth area.

The committee received and filed this report.

Civic Center Block Party
Ms. Duran reported on the Civic Center Block Party. The event is to be held Saturday, June 25 from 4 to 9:30 p.m. in the events original location closing Clark Avenue from Hardwick Street to Del Amo Boulevard. Event elements will include:
· Live Entertainment, The MVP’s are confirmed to perform · Taste of Lakewood featuring popular Lakewood eateries hosted by the Friends of the Lakewood Libraries
· A Family Fun Zone with kid’s amusements and carnival games · Shop Lakewood booths providing mall businesses and opportunity to share promotional materials and information
· Fireworks display as the finale for the event with the launch area in the Costco parking lot This year staff recommended omitting the Beverage Garden from the event elements. This change will support COVID-19 prevention protocols and eliminate the need for sheriff personnel to supervise this area. The Community Promotions Committee agreed with the recommendation.

Continuing in the report: street closures, event supervision, and public Safety. · To protect all attendees and to facilitate set up, Clark Avenue will be closed at Hardwick Street to Del Amo Boulevard beginning at 6 a.m. on Saturday. Streets will be closed until it is deemed safe by Sheriff Deputies and the public works crew. · Over 200 city staff are scheduled to work the event, monitoring the various event components, fun zone, taste of Lakewood, crowd control and more. Staff will be identifiable as they will be wearing a Block Party signature t-shirt. · Los Angeles County Sheriff’s department will provide uniformed security on foot throughout the event along with Community Safety Officers and Sheriff Explores. Care ambulance and a Los Angeles County Fire Department paramedic truck will also be onsite.

In conclusion, Ms. Duran shared the site plan and covered the locations for all event elements that were covered in the presentation.

The committee approved the event plan as presented for Civic Center Block Party.

RECOMMENDATION
It is recommended that the City Council receive and file this report.

Thaddeus McCormack
City Manager

RI-5
RESOLUTION NO. 2022-7

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD EXTENDING A LOCAL EMERGENCY DUE TO THE
COVID-19 VIRUS.

THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES RESOLVE AS FOLLOWS:

SECTION 1. On March 24, 2020, the City Council adopted Resolution No. 2020-5, ratifying a Proclamation of a Local Emergency that the City Manager, acting in his capacity as the City’s Director of Emergency Services, had issued on March 17, 2020, due to the COVID-19 virus. On May 12, 2020, the City Council adopted Resolution No. 2020-14, extending such Local Emergency. On June 23, 2020, the City Council adopted Resolution No. 2020-35, extending such Local Emergency. On July 28, 2020, the City Council adopted Resolution No. 2020-37, extending such Local Emergency. On September 22, 2020, the City Council adopted Resolution No. 2020-52, extending such Local Emergency. On November 10, 2020, the City Council adopted Resolution No. 2020-58, extending such Local Emergency. On December 8, 2020, the City Council adopted Resolution No. 2020-61, extending such Local Emergency. On January 26, 2021, the City Council adopted Resolution No. 2021-3, extending such Local Emergency. On March 23, 2021, the City Council adopted Resolution No. 2021-6, extending such Local Emergency. On May 11, 2021, the City Council adopted Resolution No. 2021-15, extending such Local Emergency. On June 22, 2021, the City Council adopted Resolution No. 2021-32, extending such Local Emergency. On July 27, 2021, the City Council adopted Resolution No. 2021-38, extending such Local Emergency. On September 14, 2021, the City Council adopted Resolution No. 2021-55, extending such Local Emergency. On November 9, 2021, the City Council adopted Resolution No. 2021-64, extending such Local Emergency. On December 14, 2021, the City Council adopted Resolution No. 2021-60, extending such Local Emergency. The City Council hereby extends such Local Emergency, on the same terms and conditions.

SECTION 2. The Local Emergency shall remain in effect until the expiration of the State Declaration of Emergency. The City Council shall review the need for continuing the Local Emergency at least once every 60 days until the City Council terminates the Local Emergency, as required by section 8630 of the California Government Code.

SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Resolution, or any part hereof, is held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Resolution. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase in this Resolution irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.

Resolution No. 2022-7

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2022.
___________________________________
Mayor
ATTEST:
_______________________________
City Clerk

RI-6

COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Resolution for the 2022 General Municipal Election

INTRODUCTION
In accordance with Section 1500 of the Lakewood Municipal Code, the municipal election shall be held on the date of the statewide primary election in each even-numbered year. The date for the 2022 Election will be June 7th.

STATEMENT OF FACTS
The City Council, at its meeting held on January 25, 2022, adopted the resolutions pertaining to the June 7, 2022 General Municipal Election. Resolution No. 2022-6, adopting regulations for candidates for elective office, specifies that pursuant to the Federal Voting Rights Act, the election materials shall be translated into all required languages, which are Spanish, Tagalog, Vietnamese, Khmer and Korean, in addition to providing it in English. Using Geographic Information Systems combined with U.S. Census Bureau data to conduct demographic analysis in supporting election operations, the Los Angeles County Registrar-Recorder/County Clerk’s office have determined that there are additional languages for which they are required to translate election materials per the regulatory requirements of Assembly Bill 918, the California Election Code Sections 14201(d), and 12303(c). The proposed resolution would include the provision that election materials be translated into all languages required by the County of Los Angeles rather than specifying the languages included in Resolution No. 2022-6.

STAFF RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution pertaining to regulations for candidates for elective office submitted to the voters at an election to be held on June 7, 2022.

Thaddeus McCormack
City Manager
RESOLUTION NO. 2022-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING

TO CANDIDATE STATEMENTS SUBMITTED TO THE

VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
JUNE 7, 2022
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidate Statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Lakewood on June 7, 2022, may prepare a Candidate Statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY. Pursuant to the Federal Voting Rights Act, the Candidate Statement shall be translated into all languages required by the County of Los Angeles. The Los Angeles County Registrar-Recorder/County Clerk (“County Registrar”), will print and mail the voters’ pamphlet and candidate statements in all the required languages.

Pursuant to State law, the candidates’ statements must be translated and printed in the voters’ pamphlet in any language at the candidates’ request. The candidates will be required to pay for the actual cost of translating and printing their candidates’ statements into any required foreign language pursuant to Federal and/or State law, as specified, and into any other foreign language requested by the candidate.

SECTION 3. PAYMENT. The City Clerk shall work with the County Registrar to estimate the total cost of printing, handling, translating, and mailing the Candidate Statements filed, including the costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the City of Lakewood his or her estimated pro rata share as a condition of having his or her statement Resolution No. 2022-

included in the voters’ pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred.

In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. MISCELLANEOUS. Translations shall be provided by professionally certified translators and the City Clerk and County Registrar shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the Official Sample Ballot Booklet/Voter Information Guide.

SECTION 6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7. All previous resolutions establishing City Council policy on payment for Candidate Statements are repealed.

SECTION 8. This resolution shall apply only to the election to be held on June 7, 2022, and shall then be repealed.

SECTION 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ADOPTED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2022.
____________________________________
Mayor
ATTEST:
_________________________________
City Clerk

RI-7

COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Second Amendment to Agreement for Catered Events at Monte Verde Park

INTRODUCTION
TGIS Catering Services, Inc. (TGIS) has provided the catering and concessionaire services at The Centre since 2010. Staff had been satisfied with the catering and concession services provided by TGIS at The Centre and in October of 2020 had committed to augmenting their service area to include catered events held at Monte Verde Park.

STATEMENT OF FACT
Since the renovation of Monte Verde Park in 2001, the park has served as a premiere event space for the City of Lakewood and Lakewood residents. The facility’s welcoming Craftsman-style cabin and outdoor landscapes attract a variety of events, including weddings, anniversary parties, bridal and baby showers, as well as executive presentations and meetings. Since October 2020, TGIS successfully offered events at Monte Verde Park and worked cohesively with city staff.

Extension of the agreement with TGIS will provide catering and concession services to residents and create an outdoor event venue with city’s long-standing and reputable concessionaire at no additional expense to the city.

SUMMARY
TGIS has communicated a desire to work with the city to continue to offer catered events at Monte Verde Park through June 30, 2026.

RECOMMENDATION
It is the recommendation of staff that the City Council authorize the Mayor and the City Clerk sign the Second Amendment to Agreement for Catered Events at Monte Verde Park, subject to the approval as to form by the City Attorney, with TGIS Catering Services, Inc.

Valarie Frost, Director Thaddeus McCormack
Recreation and Community Services City Manager

SECOND AMENDMENT TO

AGREEMENT FOR CATERED EVENTS
AT MONTE VERDE PARK WITH TGIS CATERING SERVICES, INC.

This Second Amendment, made and entered into with an effective date of February 8. 2022, amends that certain Agreement for catered events at Monte Verde Park, made and entered into as of October 9, 2020, by and between the City of Lakewood and Thank Goodness It’s Sofia Catering Services, Inc. (the “Agreement”).

The parties hereby agree to the following amendment to the Agreement:

In Section 1 of the Agreement, the Term of the Agreement shall be extended to terminate on the 30th day of June 2026.

Except as set forth herein, the Agreement shall remain in full force and effect.

Based on the mutual promises contained in the Agreement and in this Amendment, and intending to be legally bound, the parties have executed this Amendment, below, as of the date first set forth above.

CITY OF LAKEWOOD
__________________________________
Mayor
Attest:
__________________________________
City Clerk
Approved as to form:
__________________________________
City Attorney
Thank Goodness It’s Sofia Catering Services, Inc.
__________________________________
Sofia Riley, President

RI-8

COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Agreement for Pan Am Fiesta Amusement Rides
INTRODUCTION:

The City of Lakewood will host the annual Pan Am Fiesta at Mayfair Park beginning Thursday, May 5 and concluding on Sunday, May 8, 2022. This year, amusement rides and carnival attractions will once again open Thursday, May 5 with a “Family Fun Night” of carnival games and rides from 5 to 9 p.m. The family-friendly celebration continues Friday, May 6 from 5 to 10 p.m., Saturday, May 7 from 11 a.m. to 10 p.m., and Sunday, May 8 from 11 a.m. to 9 p.m.

STATEMENT OF FACT
Lakewood’s oldest community special event dates back to 1945, continuing this year with special event elements, including amusement rides, food booths, entertainment, the Children’s Cultural Booth, a shoppers circle, and a display of Pan Am history.

Guadagno & Sons Amusements will provide a minimum of nine adult rides and six children rides, as space permits. Ride tickets will be sold in advance at Lakewood City Hall and Mayfair Park and throughout the weekend at the event. Advance tickets are $35 for Sunday’s unlimited ride wristband and 10 tickets for $35 for other days. The price for tickets at the venue are $1.50 each, $25 for 20 tickets or $45 for 50 tickets. Unlimited ride wristbands for will also be on sale at the venue for $40. The number of tickets required will vary for each ride.

Staff has worked closely with Guadagno & Sons Amusements since 2004. The contractor has proven to be trusted, reliable, and provides safe attractions for this and other events throughout the area. The contractor shall pay to the City a percentage of all gross receipts as follows:
25% of gross receipts from $1-$49,999
30% of gross receipts from $50,000 and over.
30% of gross receipts from sale of pre-sale tickets.

RECOMMENDATION
Authorize the Mayor and the City Clerk to execute the 2022 Agreement for the Pan Am Fiesta Amusement Rides subject to approval as to legal form by the City Attorney.

Valarie Frost, Director Thaddeus McCormack
Recreation and Community Services City Manager
-1-

AGREEMENT

PAN AM FIESTA AMUSEMENT RIDES
- - - - - - - -
THIS AGREEMENT made and entered into this 8th day of February 2022byand between the CITY OF LAKEWOOD, a municipal corporation (“City”), and GUADAGNO & SONS AMUSEMENTS, a corporation (“Contractor”).

W I T N E S S E T H
WHEREAS, City has approved and scheduled the Pan Am Fiesta community event at Mayfair Park from Thursday, May 5, through Sunday, May 8, 2022; and WHEREAS, City desires to provide amusement rides as part of the Pan Am Fiesta; and WHEREAS, Contractor represents that it has the equipment, supplies and technical personnel to provide said amusement rides; and
WHEREAS, Contractor is desirous of providing said amusement rides; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and agreements of each of the parties as hereinafter set forth, the parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES. Contractor agrees to provide at its own cost and expense:

A. A minimum of nine (9) adult rides and six (6) children rides (as space permits) as noted in Exhibit A with the understanding that the Contractor may at its request substitute or add rides not listed, provided City approval in writing is received for said substitution or addition.

B. All necessary personnel, equipment and supplies for this event including, but not limited to game concessions, generating plants, necessary electrical junction boxes, and cleanup crews.

C. An adequate supply of numbered tickets purchased from a bonded ticket company D. To pay City One Thousand Eight Hundred and Fifty dollars ($1,850) for the purpose of marketing and promotion of the Pan Am Fiesta, on the execution of this Agreement.

E. To pay City Seventy-Five dollars ($75) per game or food booth. -2-
F. To provide a list of carnival ride, game booth and food booth operators who will be working anytime during the said carnival. Contractor further agrees to provide list to City on or before Monday, April 4, 2022.

G. To apply for and obtain building and safety permit(s) as determined by the City’s Building and Safety division by Monday, April 4, 2022.

H. To ensure appropriate and clean uniforms for all carnival employees, including carnival ride, game booth and food booth operators.

I. To have amusement rides set-up and ready for inspection by 2:00 p.m. on Thursday, May 5, 2022.

2. TIME OF PERFORMANCE. Contractor agrees to provide said amusement rides on the following days and times:

Thursday, May 5 5:00 p.m. to 9:00 p.m.

Friday, May 6 5:00 p.m. to 10:00 p.m.

Saturday, May 7 11:00 a.m. to 10:00 p.m.

Sunday, May 8 11:00 a.m. to 9:00 p.m.

City reserves the right to change the time, place and manner of said amusement rides in any respect at any time prior to thirty (30) days before Thursday, May 5, 2022.

3. COMPENSATION FOR SERVICES. As compensation for being allowed to operate said amusement rides, Contractor shall pay to City a percentage of all gross receipts as follows:
25% of gross receipts from $1-$49,999
30% of gross receipts from $50,000 and over.
30% of gross receipts from sale of pre-sale tickets.

Payment is due by 12:00 p.m. on Monday, May 9, 2022.

4. NON-DISCRIMINATION IN EMPLOYMENT PRACTICES. Contractor shall not discriminate in the employment of persons in connection with the performance of services as provided for in this agreement on the basis of race, color, creed, national origin, sex, ancestry, religion, age or handicaps.

5. WORKER'S COMPENSATION INSURANCE. Contractor agrees to maintain, where necessary and required by law, Worker's Compensation Insurance. It is further agreed that Contractor and all members, officers, and employees, subcontractors, their agents, officers, and employees engaged in the performance of any services in connection with this Contract, shall not be deemed officers, agents, or employees of City, and City shall not be liable or responsible to them for anything whatsoever, other than the payment of consideration herein set forth.
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6. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor has been retained as an independent contractor, as distinguished from an employee or agent of City to perform the aforementioned services. Contractor acknowledges the independent contractual relationship, and releases City from any liability or obligation to make deductions or withholding for the compensation of any officer, agent or employee thereof, in respect to unemployment, income tax, disability, social security, health, pension or retirement benefits.

It is expressly understood no officer, agent or employee of Contractor shall have any City status or benefit, including health, retirement, and worker's compensation benefits.

Contractor acknowledges its independent contractor status in performing said services, and assumes the risk to itself, all agents, employees and subcontractors, and their agents or employees, of personal injury or death, and all risk of property damage or loss of any property arising out of the performance of said services by or on behalf of City, the work site, the place to work, or the duties bestowed upon Contractor pursuant to this agreement, and does hereby release City, its officers and personnel from any liability to Contractor, or its officers, agents, employees, subcontractors, or agents or employees thereof, for any loss or damage thereby incurred, or for contributions as a joint tort feasor therefor.

7. LIABILITIES AND INDEMNIFICATION. Contractor shall indemnify, defend, and hold harmless City, and its officers employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorneys’ fees and costs of litigation (“claims”), arising from Contractor’s activities in the performance of the services under this Agreement, excepting only those actions, claims, liabilities, obligations, judgments, or damages arising out of the sole negligence of City indemnitees. In the event City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding alleging negligent or wrongful conduct on the part of Contractor:
a. Contractor shall provide a defense to City indemnitees or at City’s option reimburse City indemnitees their costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims; and b. Contractor shall promptly pay any final judgment or portion thereof rendered against City indemnitees.

8. INSURANCE. Prior to the beginning of and throughout the duration of work done pursuant to this Agreement, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.
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Contractor shall provide the following types and amounts of insurance:

A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $5,000,000 per occurrence for all covered losses and no less than $10,000,000 general aggregate.

B. Worker’s Compensation 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.

C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a “drop down” provision with a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another.

Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

E. Contractor agrees to endorse third party liability coverage required herein to include as additional insured City, its officials, employees and agents, using ISO endorsementCG 20 10 11 85. Contractor also agrees to require all contractors, subcontractors, and anyone else involved in this agreement on behalf of the contractor (hereinafter “indemnifying parties”) to comply with these provisions.

F. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise.

G. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or must specifically allow the named insured to waive subrogation prior to a loss.
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H. All coverage types and limits required are subject to approval, modification and additional requirements by City. Contractor shall not make any reductions in scope or limits of coverage that may affect City’s protection without City’s prior written consent.

I. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to City prior to the execution of this Agreement. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and not replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor.

J. Contractor agrees to endorse the insurance provided pursuant to these requirements, to require 30 days notice to City prior to cancellation of such liability coverage or any material alteration of non-renewal of any such coverage, and to require indemnifying parties to do likewise.

K. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to City.

L. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self-insure its obligations to City. If contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

M. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not this Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

9. SUBCONTRACTING. Contractor shall not assign, sublet, or transfer any part or portion of this agreement, or any responsibility hereunder without the prior approval of City.

10. GENERAL RESPONSIBILITIES. Contractor agrees that the development, presentation and maintenance of the The Fiesta Amusement Rides shall be its sole responsibility. It is further agreed and understood, however, that the time, place and manner of said presentation, any fees or charges for said presentation, and the overall format of said presentation shall be subject to the approval of City, and City reserves the right to terminate said presentation at any time, or to change the time, place and manner of said presentation in any respect at any time, without further notice in the reasonable discretion of the responsible City officer serving as representative of the City when that officer has determined such -6-
termination is necessary for the public health, safety, convenience or welfare.

Elimination, closures, or mechanical failures that leave the Pan Am Fiesta under the minimum number of rides in any category will result in a penalty of $1,000 per ride, per day.

The parties agree that such amount represents a reasonable determination of the value of the loss of each ride.

Initials: _________________ _____________________
City Contractor

11. SET-UP/BREAKDOWN TIME. City agrees to allow Contractor a period of four days prior to the event for set-up and two days at the conclusion of the event for breakdown. Set-up and breakdown of Contractor can take place between sunrise and 11:00 p.m. only. Arrival and departure of Contractor may only take place between sunrise and 11:00 p.m.

12. EQUIPMENT STORAGE. Contractor agrees to provide storage and security of equipment in the areas of Mayfair Park designated by City. Notwithstanding the foregoing, Contractor agrees to assume all risk of loss of any of its equipment or property during the term of this agreement, except where said property is lost or damaged due to the misfeasance or nonfeasance of City.

13. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implantation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. Noe officer or employee of City will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violations of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

ASSUMPTION OF RISK. Contractor does hereby assume all risk to itself, its personnel, subcontractors, and agents and employees thereof, of personal injury or death, and all risk of property damage or loss to any property, wares, or materials of the foregoing from whatever source, and said Contractor further releases City, and its officers, employees and agents, the City Council, and the Pan American Festival Association, Inc., and all officers and employees thereof, from any liability therefor, or for contribution as a joint tort feasor therefor.

14. WASTE. Contractor shall not utilize any of the grounds, buildings or premises of City so as to commit waste, and where damaged by it shall restore the same to the same condition it was in prior to the commencement of this agreement, reasonable wear and tear excepted.

15. LEGAL RESPONSIBLITIES. Contractor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way, affect the performance of its service pursuant to the Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this -7-
section.

16. LAWS, ORDINANCE, LICENSES AND PERMITS. Contractor shall comply with all applicable laws, ordinances and codes of the State, County, and City (See Exhibit B for applicable City Ordinances), and Contractor shall obtain, at Contractor's cost, all necessary license, permits and approvals for said amusement rides including a license to do business within the City of Lakewood. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for performances of the services described in this Agreement.

17. GOVERNING LAW. City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior or federal district court with jurisdiction over City.

18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

20. NOTICES. Any written notice to the parties hereto shall be deposited in the United States mail, postage prepaid, addressed as follows:

CITY: Director of Recreation and Community Services
5050 Clark Avenue
P.O. Box 158
Lakewood, CA 90714
CONTRACTOR: Tony Guadagno Sr.

GUADAGNO & SONS AMUSEMENTS
12842 Valley View St. Suite 103
Garden Grove, CA 92845
(714) 893-1336
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first above written.
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CITY OF LAKEWOOD
By________________________________________
Mayor
ATTEST:

By________________________________________
City Clerk
APPROVED AS TO FORM: CONTRACTOR
By________________________________________
City Attorney Title
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EXHIBIT "A"
2022 LIST OF AMUSEMENT RIDES FOR THE PAN AM FIESTA
Zipper Zumar
Skydiver Super Slide
Twister Windjammer
Gravitron Berry-go-Round
Tilt-A-Whirl Jalopy Junction
Sizzler Happy Pond
Round Up Granny Bugs
Rock-o-Plane Bumper Cars
Spin-Out Century Wheel
The Contractor may at its request substitute or add rides not listed, provided City approval in writing is received for said substitution or addition. -10-
EXHIBIT “B”

PERTINENT CITY OF LAKEWOOD MUNICIPAL CODES

1. It shall be unlawful for any person or organization conducting a carnival to employ any person to work at such carnival who has been convicted of any felony, or any misdemeanor which constitutes a violent crime, or who is required to register as a sex offender pursuant to Section 290 of the California Penal Code. Persons working at carnival shall be subject to spot checks by law enforcement personnel, and shall provide identification promptly when asked to do so by law enforcement personnel. (LMC 6404.H)

2. Unlawful to use or possess any portable barbecue, grill, smoker, cooking equipment, apparatus, fire pit or hibachi. (LMC 4220.H)

3. Dogs prohibited. (LMC 4222)

4. Alcohol prohibited. (LMC 4500)

5. Operation of vehicles, motorcycles, motor driven bicycles, bicycles or skateboard prohibited. (LMC 4220.1)

6. Unlawful to remain in any park or recreational area when ordered to leave. (LMC 4220.2)

7. Unlawful for any person to fire, set off, discharge or use any fireworks. (LMC 4220. J)

8. Roller-skating on sidewalks and pedestrian paths prohibited. (LMC 4220.J)

9. Golf prohibited. (LMC 4220.J)

10. Tackle football prohibited. (LMC 4220. J)

11. Operation of powered model airplanes, model helicopters, model rockets or any power driven aircraft prohibited. (LMC 4220.J)

RI-9

COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Selection of Information Technology Services Provider

INTRODUCTION
The City contracts with Tyler Technologies (Tyler) for use of their MUNIS comprehensive accounting software that is an integral part of the City’s day-to-day operations. Approximately one year ago Tyler announced that as of January 2023 they will no longer be supporting Version 11.3 of MUNIS (the version currently used by the City) and urging users to upgrade to a newer version.

Given the significant changes anticipated in the next version of the software, City staff has been in discussions with Tyler and reviewing current business practices in preparation for a nine-month upgrade process. In doing so, it has become clear that outside information technology (IT) expertise will be necessary to successfully complete the upgrade.

BACKGROUND
Last month, staff issued a Request for Qualifications (RFQ) for IT consultant services and received four responses. Using a comprehensive set of factors (including approach, qualifications, project management, and proposed cost), Staff evaluated the four submittals received and subsequently interviewed two of the firms. In doing so, AEF Systems Consulting, Inc. (AEF) was ranked the highest.

STATEMENT OF FACT
AEF has extensive knowledge and experience in all areas related to these type of systems. More specifically, they have vast experience in implementing and upgrading MUNIS systems with other municipalities throughout Southern California. Having worked on prior City of Lakewood projects, they have a thorough understanding of the City’s needs. In terms of their fees, they propose an average hourly rate of $157.76. Anticipating that the project will require 580 hours of their services, the total cost would be $91,500. Given the size of the project and potential unknown factors, it would be prudent to add a 10% contingency of $9,150 for a grand total of $100,650.

Also included in the RFQ was an optional phase two component for the subsequent implementation of a new timekeeping/payroll module in 2023 that would add special capabilities not currently available. While staff is not currently committed to implementing this second phase, it was appropriate to include in the RFQ as it is preferred that the selected consultant assist in both phases if needed. Therefore, staff seeks Council authorization for phase two as well. It is estimated that phase two would require 296 hours. At an average hourly rate of $161.89, the total cost would be $47,920. A similar 10% contingency of $4,792 provides for a grand total of $52,712. Funds for phase one are included in the budget. Funding for phase two would be included for consideration in next year’s proposed budget, if staff chooses to pursue this option.

Selection of Information Technology Services Provider
February 8, 2022

RECOMMENDATION
It is recommended that the Council authorize staff to enter into an agreement with AEF Systems Consulting, Inc. to provide project management support for the upgrade of the City’s Tyler MUNIS system in an amount not to exceed $100,650 for Phase I of the project and up to $52,712 for Phase II (if City opts to implement).

Jose Gomez Thaddeus McCormack
Director of Finance and Administrative Services City Manager

RI-10

COUNCIL AGENDA
February 08, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Approve a Resolution Authorizing Submittal of an Application for Senate Bill (SB) 1383 Local Assistance Grant Program through the Department of Resources, Recycling and Recovery (CalRecycle)

INTRODUCTION
The State has established the Senate Bill (SB) 1383 Local Assistance Grant Program to provide one-time funding to local jurisdictions to assist with the implementation of requirements associated with SB 1383. To receive these funds, CalRecycle requires the governing body of the applicant to adopt a resolution authorizing the jurisdiction to apply for the grant program and identify the designee authorized as the signature authority to execute all documents necessary to implement and secure payment. The guidelines of this grant are very stringent and allow for jurisdictions to use these monies for the purchase of materials such as recycling and organic containers (but not trash containers), education and outreach, procurement requirements, capacity planning, edible food collection and recovery, record keeping, and enforcement and inspection.

FISCAL IMPACT
There are no matching fund requirements associated with the grant. The city is to receive a one-time payment of $106,233 for costs associated with the implementation of SB 1383.

RECOMMENDATION
Staff recommends that City Council adopt the attached resolution authorizing the submittal of grant application for SB 1383 Local Assistance Program, and authorizing the Director of Public Works to execute all grant-related documents and administer the grant for which the City of Lakewood is eligible.

Lisa Ann Rapp Thaddeus McCormack
Director of Public Works City Manager
RESOLUTION NO. 2022-9

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD APPROVING SUBMITTAL OF APPLICATION
FOR SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FOR

WHICH THE CITY OF LAKEWOOD IS ELIGIBLE
NOW, THEREFORE, the City Council of the City of Lakewood does hereby resolve as follows:

WHEREAS, Public Resources Code Section 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle), to administer various Grant Programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an Applicant’s governing body to declare by Resolution certain authorizations related to the administration of CalRecycle grants.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Lakewood authorizes the submittal of applications to CalRecycle for all grants for which the City of Lakewood is eligible.

BE IT FURTHER RESOLVED that the Director of Public Works, or his/her designee is hereby authorized and empowered to execute in the name of the City of Lakewood all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED that these authorizations are effective for five (5) years from the date of adoption of this Resolution.

ADOPTED AND APPROVED this 8th day of February, 2022.
______________________________
Mayor
ATTEST:
__________________________________
City Clerk

RI-11

COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Authorization for Additional Design Services - Willdan Engineering – Median Island Landscape Conversion Project

INTRODUCTION
In October 2021, the City Council authorized design of improvements to a number of medians and side panels in the city. This work is being done by Willdan Engineering under their on-call consulting contract. One more section of side panel is recommended to be added under this project, and Willdan has provided a proposal to add this section to the scope of work for the project.

STATEMENT OF FACT
During the Lakewood and Del Amo Intersection Improvement Project that finished up last year, the RCS staff requested that the old, substandard ivy landscape and declining trees be removed from the side panel on the west side of Lakewood Blvd, from south of Del Amo to Arbor Road, so that the area could be renovated. The original concept was to have the intersection contractor perform the demolition and tree removal, and RCS would plant new landscaping using in-house forces. With the current workload, along with the retirement of the Superintendent, a better approach now would be to add this to the project that is already being designed and will be bid later in the spring.

The ARPA spending plan included an allocation of $2,194,184 for the conversion of existing raised, impermeable medians currently paved with asphalt or concrete, to landscaped and irrigated medians. Willdan previously prepared the design plans for the re-landscaping of the raised side panels on Paramount Blvd. This new landscape design, installed between May and December, 2019, is beginning to mature and look very attractive. The landscape palette was prepared by Willdan’s Landscape Architect, as part of the Median Landscape Master Plan prepared several years ago for the city. Since that time, we have used this drought tolerant landscape design for several major projects including Paramount Blvd, the Del Amo – Lakewood Blvd Intersection Project, and the future Lakewood Blvd. Corridor Project.

Willdan, though their on-call agreement with the city, is presently working on the design for the larger project including preparation of the plans and specs, and preparation of a construction estimate. The additional design cost for the added scope of work is $38,895. One additional feature of this added section is that we will conduct a geotechnical test to determine of a drywell for stormwater infiltration will be effective in this section of panel, and if so, include this feature in the design. This would allow us to supplement the project budget with Measure W Safe Clean Water funds for construction. The original project is funded with ARPA funds. Once the design work has been completed and bids are received, staff will make recommendations on Authorize Additional Design Services - Median Island Landscape Conversion Project February 8, 2022

supplementing the project budget with Measure W funds, if needed, as well ask contruction management and inspection services by Willdan Engineering.

RECOMMENDATION
Staff recommends that the City Council:

1. Authorize Willdan Engineering to provide additional design services in the amount of $38,895 for additional scope of work to be added to the ARPA Median Landscape Project under their existing on-call agreement with the City, and

2. Authorize the City Manager to sign the proposal.

Lisa Ann Rapp Thaddeus McCormack
Director of Public Works City Manager
January 31, 2022
Ms. Lisa Rapp
Director of Public Works
City of Lakewood
5050 N. Clark Avenue
Lakewood, CA 90712
Subject: Amendment No.1 - Proposal to Provide Landscape Architectural Design Services for the Westerly Side Panel Median on Lakewood Boulevard from Arbor Road to Del Amo Boulevard

Dear Ms. Rapp,
Willdan Engineering is pleased to submit this fee proposal for the preparation of landscape and irrigation construction drawings for the westerly side panel median on Lakewood Boulevard from Arbor Road to Del Amo Boulevard. This proposal amends the previous proposal submitted to the City dated October 20, 2021 and titled ‘Proposal to Provide Landscape Architectural Design Services for Roadway Medians at Eleven Locations.’

PROJECT UNDERSTANDING
Willdan understands that this side panel median will collect water from the adjacent roadway and infiltrate into the median. Our initial analysis indicates that a “Maxwell” dry well type for storm water management could be suitable at this location. The landscape design theme will follow the recent landscape improvements installed at the intersection of Lakewood Boulevard and Del Amo Boulevard.

SCOPE OF WORK
Geotechnical Service
 Drill a groundwater monitoring boring.
 Drill and sample three borings to a depth of 10 feet above the depth of the groundwater monitoring boring to perform percolation test.
 Perform geotechnical laboratory testing on the samples obtained from the borings.  Perform engineering analyses and evaluation of the subsurface data obtained from the borings and laboratory testing.
 Prepare a percolation testing report summarizing the findings and conclusions.

Surveying Services
 Perform a topographic field survey- approximately 1100’ linear feet. Items shall include gutter flow lines, top of curb and bottom curb elevations, catch basins and surface culture (valve boxes, fire hydrants, utility cover/lids.

January 31, 2022

Landscaping Services
 Prepare construction layout (maintenance walk).
 Prepare irrigation plans.
 Prepare planting plans.

FEES
The following is a summary of fees to provide the services described within this proposal:

Geotechnical Services $16,835
Surveying Services $9,100
Landscaping Services $12,960
______________________________
Total Not to Exceed Fee $38,895

CONCLUSION
Thank you for this opportunity to be of service to the City of Lakewood. We recognize the importance of this project to the city and are committed to realizing its timely and successful completion. Should you have any questions or need further clarification on some points, please do not hesitate to call Mr. John Hidalgo at (562) 900-7151.

Respectfully Submitted,

WILLDAN ENGINEERING
John Hidalgo, RLA
Principal Project Manager
Landscape Architectural Services
Approval and Authorization to Proceed by:

CITY OF LAKEWOOD
__________________________________
Signature

__________________________________
Date

3.1 COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Bid Award – Major & Collector Street Paving FY22 - PW Project 22-01

INTRODUCTION
Bids have been received for a project to resurface eight centerline miles of street segments using various transportation funds.

STATEMENT OF FACT
The streets will be resurfaced using rubberized asphalt. Damaged curb and gutter and sidewalk will be replaced along with ADA improvements. The street segments are shown in the table.

Street Segment
Candlewood Fidler – City Limits west of Paramount
Harvey Bellflower - Woodruff
Downey Del Amo – Country Club
Del Amo Downey - Cherry
Del Amo Studebaker - Bloomfield
Los Coyotes Blvd Del Amo - Pioneer
Ashworth Clark - Woodruff
Castana South - Ashworth
Hersholt South - Hedda
The construction costs will be funded using Proposition C, Measure R, Measure M, Exchanged STPL funds and SB 1 (RMRA). The Exchanged STPL were Federal Surface Transportation Program-Local that LAC Metro allowed the City to exchange for Metro Local Transportation Funds which simplifies record keeping requirements. SB 1 (RMRA) is Senate Bill 1 Road Maintenance and Rehabilitation Account.

The City Clerk received and opened six bids for the proposed project on January 19, 2022.

Following is the bid summary:

RANK BIDDER
CITY

BID AMT
1 R.J. Noble Company Orange $4,455,840
2 All American Asphalt Corona $4,518,418
3 Hardy & Harper, Inc Santa Ana $4,654,000
4 Onyx Paving Company Anaheim $4,884,000
5 Sully-Miller Brea $5,273,000
6 Excel Paving Company Long Beach $5,398,900
Award of Bid - PW Project 22-01
February 8, 2022

The consulting engineering firm of Willdan has an agreement with the City of Lakewood to assist with various engineering matters and has submitted a proposal in the amount of $127,800 to provide construction inspection services for this project.

The lowest responsible bidder is R.J. Noble Company of Orange in the bid amount of $4,455,840. Staff has verified with the State Contractors License Board that R.J. Noble is properly licensed for the work. R.J. Noble is a well established company that has done excellent work for the City on past projects.

Construction is scheduled to begin in April and be completed in August, 2022.

RECOMMENDATION
That the City Council:

1. Award a contract for “Major & Collector Street Paving FY22 - PW Project 22-01” in the amount of $4,455,840 to R.J. Noble Company of Orange and authorize the Mayor to sign the contract in a form approved by the City Attorney.

2. Authorize staff to approve a cumulative total of contract change orders, as needed, not to exceed $500,000.

3. Adopt the plans, specifications and working details for “Major & Collector Street Paving FY22 - PW Project 22-01”

4. Authorize staff to approve Willdan’s proposal to provide construction inspection for the “Major & Collector Street Paving FY22 - PW Project 22-01” under their existing Agreement for Engineering Services, in an amount of $127,800.

5. Authorize the funding source and amounts in the below table to be used on this project.

Funding Source Amount
Proposition C $ 350,000
Measure R 810,000
Measure M 430,000
Exchanged STPL 1,488,308
SB1 (RMRA) 2,088,279

Lisa Ann Rapp Thaddeus McCormack
Director of Public Works City Manager
TOTAL: $5,166,587

3.2 COUNCIL AGENDA
February 8, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Fiscal Year (FY) 2021-22 Midyear Budget Review and Adjustments and Presentation of the FY 2022-24 Two-Year Budget Preparation Calendar

INTRODUCTION
The City is currently in the second year of the FY 2020-22 Two-Year Budget adopted in June 2020, with budget estimates revised in June 2021. Having approximately seven months of actual financial data in the current fiscal year, it is an appropriate time to assess the City’s current budget estimates and revise where needed.

Despite the volatility and uncertainty brought about by the pandemic over the last two years, the City has fared well. Revenues have trended favorably and expenditures have been largely in-line with forecasted amounts. While there are some areas of uncertainty in the broader economy, the City is positioned to continue providing services and funding infrastructure improvements without foreseeable difficulties.

Following is an overview of the City's two major funds, the General Fund and the Water Utility Enterprise Fund.

STATEMENT OF FACT
General Fund
The General Fund is the largest City fund and one which the Council has discretionary authority.

When adopted last summer, the General Fund budget anticipated a surplus of $695,010 where revenues would be greater than expenditures by this amount for the year. After taking into account year-to-date information and fiscal trends, a newly calculated revised budget projection is expected to result in an adjusted surplus of $3,114,993, or about $2.4 million more than anticipated in the Adopted Budget. The table below summarizes the Adopted and Revised Budget snapshots:

GENERAL FUND SUMMARY

ADOPTED
BUDGET

REVISED
BUDGET

FAVORABLE /
(UNFAVORABLE)
SOURCES / REVENUES $ 63,082,372 $ 65,850,924 $ 2,768,552 USES / EXPENDITURES 62,387,362 62,735,931 (348,569)
PROJECTED GENERAL FUND SURPLUS $ 695,010 $ 3,114,993 $ 2,419,983 Fiscal Year 2021-22 Midyear-Budget Review and Adjustments February 8, 2022

General Fund - Revenues
As a whole, General Fund revenues are expected to end the year $2,768,552 (or 4.4%) higher than the $63,082,372 originally budgeted. Within the increase there are a number of items contributing to this that are worth highlighting. The following table provides an overall view of General Fund revenues, with noteworthy details below the table:
· Sales and Use Tax: Bradley Burns and Measure L – Combined they account for a projected increase of $2.2 million. The City’s major industry sectors (i.e., general consumer goods and building & construction) have experienced stronger than anticipated sales. This is consistent with national consumer trends during the pandemic where sectors have benefitted from a shift to goods being purchased, rather than services being utilized.

Another favorable trend is that already robust online sales are growing faster than projected. Consequently, it is anticipated that Measure L will provide $1.7 million more in revenue than originally forecasted for the year.
· Current Service Charge - $809,850 increase. The City was able to sell accumulated Proposition A Transit funds, generating $700,000 in one-time monies. This is in addition to the annual sale of Proposition A Transit funds. Furthermore, the State and Federal government provided approximately $94,000 in unanticipated one-time reimbursements for mandated service costs absorbed by the City.

ADOPTED
BUDGET

REVISED
BUDGET
PROPERTY TAXES $ 6,003,000 $ 6,181,000 $ 178,000
SALES TAX - BRADLEY BURNS 14,712,000 15,412,000 700,000 SALES TAX- MEASURE L 10,300,000 11,800,000 1,500,000
FRANCHISE FEES 1,540,000 1,540,000 -
BUSINESS LICENSE TAX 606,500 606,500 -
DOCUMENTARY TRANSFER TAX 300,000 350,000 50,000
TRANSIENT OCCUPANCY TAX 58,000 70,000 12,000
UTILITY USERS TAX 2,716,000 2,737,000 21,000
LICENSES & PERMITS 1,152,598 1,222,700 70,102
FINES / FORFEITURES / PENALTIES 781,100 782,600 1,500
USE OF MONEY & PROPERTY 1,168,795 568,795 (600,000)
FROM OTHER AGENCIES 10,483,000 10,509,100 26,100
CURRENT SERVICE CHARGE 9,342,391 10,152,241 809,850
BUDGETED TRANSFERS 3,918,988 3,918,988 -
TOTAL REVENUE $ 63,082,372 $ 65,850,924 $ 2,768,552

FAVORABLE /
(UNFAVORABLE)

REVENUE

ACCOUNT DESCRIPTION
Fiscal Year 2021-22 Midyear-Budget Review and Adjustments February 8, 2022

· Use of Money and Property - $600,000 decrease. There are three components to this adjustment.
o The largest is the additional of $500,000 as an “unrealized loss,” offsetting the City’s anticipated investment earnings. While the “loss” is not one where the City relinquishes funds, the $500,000 represents an estimate of the City’s “paper loss.” Accounting protocols mandate that the City formally record a decrease in the value of an investment held when the value is less than the market value. Conversely, an “unrealized gain” is recorded when the value of an investment is higher than the market value. These recordings have become customary and somewhat foreseeable as investment yields rise and fall. With interest rates likely to continue rising and result in a “loss,” it is prudent to budget an estimated amount. o Investment Earnings - $50,000 decrease. Despite yields rising, rates have not risen as early in the fiscal year as originally anticipated. The positive effect on the City’s investment portfolio earnings will lag resulting in a revised downward budget estimate from $350,000 to $300,000.
o Centre: Food & Beverage Concessions - $50,000 decrease. COVID-19 protocols have limited the availability and demand of meeting & banquet facilities. The City’s corresponding concession revenues have been impacted.
· Property Taxes - $178,000 increase. As a result of an ongoing audit of the Los Angeles County property tax program, unanticipated one-time revenues were received. While property values continue to climb in value, the City only receives a small percent of overall property tax revenues. Therefore, the effect on City revenues is less significant.

General Fund - Expenditures
Operational expenditures are largely trending as expected and in alignment with the adopted budget. It is anticipated that they will increase by $348,569 (or about half of one percent), with adjustments stemming from changes in capital outlay, contractual services and special department supply categories. Following is a table summarizing those changes, with further specifics below the table:

EXPENDITURE

ACCOUNT DESCRIPTION

ADOPTED
BUDGET

REVISED
BUDGET
EMPLOYEE SERVICES $ 23,918,857 $ 23,730,295 $ 188,562
CONTRACT SERVICES 26,730,935 26,856,693 (125,758)
FACILITIES EXPENSES 2,103,337 2,081,209 22,128
OFFICE EXPENSES 158,695 162,522 (3,827)
MEETING EXPENSES 124,790 170,490 (45,700)
SPECIAL DEPT SUPPLIES 1,848,602 1,957,148 (108,546)
OTHER OPERATING EXP 2,958,897 2,986,675 (27,778)
CAPITAL OUTLAY 284,667 538,667 (254,000)
INTERDEPT TRANSFERS 1,258,582 1,252,232 6,350
OPERATIONAL EXPENDITURES $ 59,387,362 $ 59,735,931 $ (348,569) CAPITAL PROJECTS (CIPs) SET-ASIDE 3,000,000 3,000,000 - TOTAL EXPENDITURES $ 62,387,362 $ 62,735,931 $ (348,569)

FAVORABLE /
(UNFAVORABLE)
Fiscal Year 2021-22 Midyear-Budget Review and Adjustments February 8, 2022

· Capital Outlay - $254,000 increase. There are two main components: $190,000 is for the purchase of a replacement boom truck for use by Public Works Tree Maintenance staff. The current one can no longer be repaired. $60,000 is for the replacement of the boiler at McCormick Pool.
· Employee Services - $188,562 decrease. This adjustment is the result of reduced park/ facility coverage and sports programming due to COVID-19 restrictions and less public demand. The decrease is less than in the prior year as lower service need assumptions were already included in the adopted budget.
· Contract Services - $125,758 increase. The increase is the result of several items, most notably: $50,000 for Public works contract inspector services temporarily backfilling a recent employee retirement, $24,200 for engineering maps required as part of the SCE lease renewal process, and $26,850 for contractual costs incurred as part of the Fest of All celebration and Fourth of July citywide firework displays. · Special Department Supplies - $108,546 increase. There are several components, including: $39,500 in additional supply costs for the Fest of All celebration and Fourth of July citywide firework displays, $35,000 in increased fleet maintenance part costs due to higher costs and an aging fleet, and $25,000 in additional legal expenses for code enforcement matters.
· Meeting Expense - $45,700 increase. This mainly includes the addition of $30,000 toward organizing and taking a lead role in the California Contract Cities Association’s Annual Seminar. This amount will be offset by sponsorships.

Water Utility Enterprise Fund
The Water Utility Enterprise Fund is the City’s second largest fund. It accounts for the full operation of the City’s robust water system.

The adopted budget anticipated a deficit of $2,711,239 as reserve funds are used for one-time capital improvement projects (CIPs). After taking into account year-to-date information and fiscal trends, a revised budget projection includes funding for a new CIP and results in a revised $2,826,797 deficit. The table below summarizes the adopted and revised budget snapshots:

Fiscal Year 2021-22 Midyear-Budget Review and Adjustments February 8, 2022

Water Fund - Revenues
Overall, water revenues are anticipated to be $14,407,230 or $49,750 more than originally budgeted. As the City has experienced historically, water meter sales (the largest revenue source) are highly sensitive to weather patterns and may vary significantly. At this time, the revenue estimate included in the Adopted Budget does not need to be adjusted. The table below provides an overall view of revenues, followed by some brief notations. · Other Revenue - $112,900 increase. This adjustment largely reflects water lease revenues from the City of Cerritos ($82,500) and a Central Basin Municipal Water District (CBMWD) meter charge refund ($28,550).
· Service Restoration Charges - $35,000 decrease. Since the City will not be shutting off delinquent water accounts until later in the fiscal year, it is appropriate to revise the $60,000 budget to $25,000.

WATER FUND SUMMARY

ADOPTED
BUDGET

REVISED
BUDGET
SOURCES / REVENUES $ 14,357,480 $ 14,407,230 $ 49,750

USES / EXPENSES
OPERATIONAL 13,655,970 $ 13,641,278 14,692
CAPITAL IMPROVEMENTS 3,412,749 3,592,749 (180,000)
PROJECTED WATER FUND DEFICIT $ (2,711,239) $ (2,826,797) $ (115,558)

FAVORABLE /
(UNFAVORABLE)

REVENUE

ACCOUNT DESCRIPTION

ADOPTED
BUDGET

REVISED
BUDGET
INVESTMENT EARNINGS $ 150,000 $ 130,000 $ (20,000)
RENTS AND CONCESSIONS 57,880 57,880 -
ENERGY UTILITY REBATES 91,000 91,000 -
OTHER REVENUE 60,000 172,900 112,900
METERED WATER SALES 12,135,000 12,135,000 -
METERED WTR SALES-INTERCONNECT 1,053,000 1,053,000 -
FIRE PROTECTION SERVICES 217,600 217,600 -
RECLAIMED WATER 485,000 485,000 -
SERVICE INITIATION FEES 48,000 39,850 (8,150)
SERVICE RESTORATION CHARGES 60,000 25,000 (35,000)
TOTAL REVENUES $ 14,357,480 $ 14,407,230 $ 49,750

FAVORABLE /
(UNFAVORABLE)
Fiscal Year 2021-22 Midyear-Budget Review and Adjustments February 8, 2022

Water Fund - Expenses
Water expenses are expected to be $17,234,027, or $165,308 more than included in the adopted budget. This is the result of formally incorporating the Well #13 Water Treatment Project into the budget. Prior year reserve funds have been set aside for CIPs and are now being incorporated into this project.

PRESENTATION OF THE FY 2022-24 TWO-YEAR BUDGET PREPARATION CALENDAR Staff has taken the first steps in the development of the City’s next budget. As in recent years, Staff is prepared to bring a proposed two-year budget for FY 2022-24 prior to the end of the current fiscal year. Attached is a draft budget preparation calendar.

RECOMMENDATION
It is recommended that the City Council:
1) Adopt the noted changes for inclusion into the City’s FY 2021-22 Revised Budget and direct staff to make all related adjustments to the City’s budget appropriations. 2) Receive and file the FY 2022-24 Two-Year Budget Preparation Calendar and provide direction to staff regarding the preparation of the upcoming budget.

Jose Gomez Thaddeus McCormack
Director of Finance & Administrative Services City Manager Attached:

FY 2022-24 Two-Year Budget Preparation Calendar

EXPENSE

ACCOUNT DESCRIPTION

ADOPTED
BUDGET

REVISED
BUDGET
EMPLOYEE SERVICES $ 2,924,066 $ 2,924,066 $ -
CONTRACT SERVICES 1,007,038 1,002,346 4,692
FACILITIES EXPENSES 2,703,750 2,703,750 -
OFFICE EXPENSES 3,200 3,200 -
MEETING EXPENSES 6,800 6,800 -
SPECIAL DEPT SUPPLIES 670,943 660,943 10,000
OTHER OPERATING EXP 4,333,950 4,333,950 -
CAPITAL OUTLAY 41,500 41,500 -
INTERDEPT TRANSFERS 169,023 169,023 -
BUDGETED TRANSFERS 1,795,700 1,795,700 -
OPERATIONAL EXPENSES $ 13,655,970 $ 13,641,278 $ 14,692 CIPs / CAPITAL OUTLAY 3,412,749 3,592,749 (180,000)
TOTAL EXPENSES $ 17,068,719 $ 17,234,027 $ (165,308)

FAVORABLE /
(UNFAVORABLE
Due Date? Who?
Feb. 7th Fin & Admin. Provide departments with the Budget Development reports:

Services Full-time Position Labor Allocation report (Excel) (FASD) Part-time (hourly) and OT 5-year actual expenditure report (Excel) Updated department-specific expenditure & revenue report (Excel) All files will be emailed by the assigned Budget Analyst Feb 9th All Kick-off meeting
Depts.

Feb. 11th All Make changes / scan / email Full-time Position Labor allocation report (Excel) Depts. to Budget Analyst
Feb. 17th All Make changes / scan / email to Budget Analyst the following:

Depts. Part-time (hourly) budget (Excel)
OT budget (Excel)
Feb 21st FASD Provide Budget Narratives - "Top side of budget book division detail" (PDF) Mar. 3rd All Enter dept revenue & expenditure data in MUNIS Budget Module for Depts. 3 years: FY 2021-22 Final Est., FY 2022-23 & FY 2023-24 Proposed Budgets (All object codes 51000-58799 - except: 55560)
Mar. 14-17th CM / FASD Hold Council Budget Committee Meetings Mar. 25th FASD Print Budget draft for City Manager and Depts. to review Apr 4-8th All Depts. 1st round of Dept. Directors' Budget Meetings with City Manager Apr 11-14th All Depts. If needed - 2nd round of Dept. Directors' Budget Meetings with City Manager Apr. 25th All Depts. Make changes / scan / email dept. budget narratives to Budget Analyst May 6th FASD Distribute Proposed Budget to all departments May 16-20th CM / FASD Hold Council Budget Committee Meetings Jun 2nd All Depts. City Council - Budget study session
June 14th All Depts. City Council - Budget adoption
Please note Budget Analysts assigned to each department are listed on reverse side.

What?
Budget Preparation Calendar
Two-Year Budget
FY 2022-23 and FY 2023-24