AGENDA
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
5000 CLARK AVENUE
LAKEWOOD, CALIFORNIA
April 12, 2022
SPECIAL MEETING: 5:15 p.m.
CLOSED SESSION PAN AMERICAN ROOM
CONFERENCE WITH LABOR NEGOTIATORS – Pursuant to Government Code §54957.6 Agency Designated Representative: City Manager, Office of the City Attorney and Liebert Cassidy Whitmore, Director of Finance and Administrative Services, Deputy City Manager, Human Resources Manager, Personnel Technician
Employee Organization: Lakewood City Employees’ Association RECEPTION: “Lakewood Celebrates . . .” 6:00 p.m.
CALL TO ORDER 7:30 p.m.
INVOCATION: Wanda Thomas, The Bahá’í Faith
PLEDGE OF ALLEGIANCE: Girl Scout Troop 1883
ROLL CALL: Mayor Jeff Wood
Vice Mayor Steve Croft
Council Member Ariel Pe
Council Member Todd Rogers
Council Member Vicki Stuckey
ANNUAL REORGANIZATION OF CITY COUNCIL
Election of Mayor and Vice Mayor
ANNOUNCEMENTS AND PRESENTATIONS:
Presentation by Maria Jimenez, Ambassador for One Legacy/Donate Life 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 March 22, 2022
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.
City Council Agenda
April 12, 2022
ROUTINE ITEMS: - Continued
RI-4 CITY COUNCIL COMMITTEES’ ACTIVITIES - Staff recommends City Council receive and file the report.
RI-5 MONTHLY REPORT OF INVESTMENT TRANSACTIONS - MARCH 2022 - Staff recommends City Council receive and file the report.
RI-6 RESOLUTION NO. 2022-17; ESTABLISHING DISABLED PERSON DESIGNATED PARKING ON THE EAST SIDE OF CANEHILL AVENUE WITHIN THE CITY OF LAKEWOOD - Staff recommends City Council adopt proposed resolution.
RI-7 PARTICIPANT AGREEMENT FOR THE LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM 7 (LARIAC7) - Staff recommends City Council authorize the City Manager to execute the Participant Agreement for the Los Angeles Region Imagery Acquisition Consortium Program (LARIAC7) in an amount not to exceed $29,903.
RI-8 RESOLUTION NO. 2022-18; APPROVING THE APPLICATION FOR GRANT FUNDS FROM
THE RECREATIONAL TRAILS PROGRAM FOR THE DEVELOPMENT OF THE CARSON STREET MULTIUSE NATURE TRAIL AT THE LAKEWOOD EQUESTRIAN CENTER - Staff recommends City Council adopt proposed resolution.
RI-9 AWARD OF BID FOR PUBLIC WORKS PROJECT NO. 2022-03, ASPHALT IMPROVEMENTS TO THE EXISTING NIXON YARD - Staff recommends City Council adopt the working details for the subject project; award a contract for PW 2022-03, in the amount of $184,059.73 to the low bidder R.J. Noble, and authorize the Mayor to sign the contract in a form approved by the City Attorney; authorize staff to approve a cumulative total of change orders, as necessary not to exceed $15,940; and appropriate $200,000 from the General Fund reserves for the project.
LEGISLATION:
2.1 ADOPTION OF SIGNATURE RESOLUTIONS FOR THE REORGANIZATION OF THE CITY COUNCIL - Staff recommends City Council adopt proposed resolutions. a. Resolution No. 2022-19; Authorizing the City Treasurer to Deposit Funds for Safekeeping and Investment and Authorizing the Withdrawal of Funds from Depositories b. Resolution No. 2022-20; Authorizing the Use of the Facsimile Signature of the Mayor in the Execution of Public Securities and Instruments of Payment c. Resolution No. 2022-21; Authorizing the Use of the Facsimile Signature of the Vice Mayor in the Execution of Public Securities and Instruments of Payment
2.2 INTRODUCTION OF ORDINANCE NO. 2022-1; PERTAINING TO UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS -- Staff recommends City Council introduce the proposed ordinance.
REPORTS:
3.1 PURCHASE OF RADAR TRAILERS WITH VARIABLE MESSAGE SIGN - Staff recommends City Council approve the purchase of two radar trailers with variable message signs at the proposed contract price of $46,080.09 from Kustom Signals, Inc. of Lenexa, Kansas.
City Council Agenda
April 12, 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: - Continued
3.2 AUTHORIZE PURCHASE OF BUCKET TRUCK FROM TEREX - Staff recommends City Council authorize the Purchasing Officer to purchase the bucket truck in the amount of $166,861.
AGENDA
LAKEWOOD HOUSING SUCCESSOR AGENCY
1. REGISTER OF DEMANDS - Staff recommends Housing Successor Agency approve registers of demands.
ORAL COMMUNICATIONS:
ADJOURNMENT
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ATTACHMENT VI
PARTICIPANT AGREEMENT BY AND BETWEEN THE
COUNTY OF LOS ANGELES
AND PARTICIPATING ENTITIES FOR THE
LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 7
("LARIAC7") PROJECT
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PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES
AND PARTICIPATING ENTITIES FOR THE
LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 7 ("LARIAC7") PROJECT This Participant Agreement (Agreement) is made and entered into by and between the County of Los Angeles (County), a political subdivision of the State of California, and City of Lakewood, a California city, special district, agency, or educational institution. Each individual city, district, educational institution, or agency is referred to herein individually as a “Participating Entity” and collectively as the “Participating Entities”. The County and the Participating Entities are hereinafter referred to collectively as the “Parties” and each individually as a "Party".
A. WHEREAS, County has planned to acquire new digital orthogonal and oblique aerial imagery in the winter of 2023 Project;
B. WHEREAS, County has become aware that various Participating Entities have similar projects currently underway or plans to undertake similar projects in the near future; C. WHEREAS, in order to avoid the duplication of efforts and costs by the Parties, the Parties desire to pool their resources to collectively undertake the Project; and D. WHEREAS, the Parties intend to participate in the Project upon the terms and conditions set forth herein below.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the Parties agree as follows:
1. Purpose
The purpose of this Agreement is to provide a vehicle for the collective participation in the Project by the Parties. The Project shall focus on the acquisition of certain aerial imagery digital data which may include, but are not limited to, products listed in Attachment A ("Digital Data"). It is the intent of the Parties that Digital Data shall be acquired under this Agreement for areas within the County of Los Angeles covered by the jurisdictions of the Parties.
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2. Responsibilities of the County
A. Identify and provide specifications for Digital Data (or their derivatives) to the contractors hired to complete the Project.
B. Develop all necessary procurement documents for necessary services to be provided by one or more qualified contractors in connection with the acquisition and administration of the Digital Data.
C. Select the most qualified contractor or contractors to provide the necessary services in connection with the acquisition and administration of the Digital Data and thereafter, manage the entire acquisition and administration of the Project.
D. With the assistance of one or more selected contractors, provide Quality Control (QC) for all Digital Data delivered under this Agreement.
E. Arrange for the delivery of the Digital Data (or portions thereof) to the Participating Entity upon Project completion.
F. Provide monthly reports to the Participating Entities on the status of the Project.
3. The Participating Entity Has the Right to
A. Participate in identifying and providing technical specifications for the Digital Data (or their derivatives).
B. Provide currently available geodetic points (with necessary standards and accuracy) for County's QC process.
D. Acquire additional digital aerial products from the contractors through this Agreement, provided that a Statement of Work is provided. County assumes no liability for the completion of these products.
4. Mutual Responsibilities; Maximum Contribution
The Parties shall be mutually responsible for the following:
A. Financing the acquisition and administration of the Digital Data including, but not limited to, costs related to QC and the subsequent distribution thereof.
The total cost of such acquisition and administration (Total Cost) shall be allocated among the Parties and the Participating Entities. The portion of the Total Cost allocated to a Party hereunder shall be hereinafter referred to as the Party’s "Maximum Contribution." Each Participating Entity will transfer its Maximum Contribution to a LARIAC account which has been established by the County for this Project (LARIAC Account) and as further described in Paragraph 5 of this Agreement.
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The Maximum Contribution of the Participating Entity shall be $29,903.
B. In the event the Project is terminated for any reason before the execution of any contract with a contractor for the provision of goods and/or services in connection with the Project, each Participating Entity shall be refunded its Maximum Contribution (or such portion of the Maximum Contribution as shall have been paid to the County by such Participating Entity) in its entirety.
5. Payment of Maximum Contribution; Administration of LARIAC Account A. A Participating Entity shall have the following options in paying its Maximum Contribution to the County hereunder:
i. The Participating Entity may elect to pay its Maximum Contribution to County in its entirety upon execution of this Agreement. ii. The Participating Entity may elect to pay its Maximum Contribution to County as follows: (a) one third (1/3) of the Maximum Contribution in FY 2021-2022; (b) one third (1/3) of the Maximum Contribution in FY 2022-2023; and (c) one third (1/3) of the Maximum Contribution in FY 2023-2024.
B. The LARIAC Account established by the County in connection with the Project, shall be subject to the following:
i. All funds held in the LARIAC Account shall be used solely for the payment of contractors selected by County to provide goods and services in connection with the Project.
ii. Any funds held in the LARIAC Account not expended upon the completion of the Project or the termination of this Agreement shall be held, administered, and returned to Parties based on their prorated contribution to the total costs of the Project.
6. General Terms and Conditions
A. This Agreement shall take effect upon execution and shall remain in effect through final delivery of all Digital Data and through the duration of the licenseuse term.
B. The term of this Agreement may be extended by an Amendment to this Agreement.
C. It is the intention of the Parties that the Participating Entity shall receive, with the delivery of the Digital Data, an unlimited irrevocable perpetual, royaltyfree license. The license may be used to, modify, edit, reuse, reproduce, translate, create derivatives, compile, other works based upon the Digital Data, Page | 5
and combine the data with other contents selected by the Participating Entity in its own operation, with an unlimited number of seats; including, but not limited to Internet and intranet applications, copying, and printing.
D. The Participating Entity shall have the right to transfer, sublicense, and distribute any form of media either now known or hereinafter desired the Digital Data to its subcontractors or consultants on projects which are outsourced from its own operations. In this connection, the Participating Entity shall require each subcontractor or consultant to whom the Digital Data is transferred to execute a written acknowledgement and agreement to abide by such Participating Entity’s license to use the Digital Data. Such acknowledgement and agreement is provided in Attachment B (Los Angeles Regional Imagery Acquisition Consortium (LAR-IAC) 7 Authorized User Confidentiality and Non-Disclosure Agreement).
E. Notwithstanding any provision of this Agreement to the contrary, a Participating Entity shall not have the right to sell, resell, or otherwise transfer its license to use the Digital Data to any other person or entity.
F. This Agreement may be amended or modified by County only after collaboration and consultation with the Participating Entities.
G. Nothing in this Agreement shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provision herein contained. This Agreement and the provisions hereof are intended to be and are for the sole and exclusive benefit of the Parties.
H. No Party may terminate its participation under this Agreement after the execution of contract(s) for the acquisition of the Digital Data without the prior written consent of County.
I. Any other California city, special district, agency, or educational institution may become a Participating Entity under this Agreement if:
(i) Such entity executes this Agreement, and
(ii) Such entity makes its Maximum Contribution to County as provided for under this Agreement. Any such contribution shall be deposited into the LARIAC Account and administered in accordance with subparagraph 5.B of this Agreement.
J. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument. The signatories to this Agreement represent that they have the authority to bind their respective party to this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region – Imagery Acquisition Consortium 6 Program on the date indicated below.
PARTICIPANT ENTITY COUNTY OF LOS ANGELES
City of Lakewood INTERNAL SERVICES DEPARTMENT
By: __________________________________ By: ______________________________
Date: _________________________________ Date: _____________________________ Page | 7
ATTACHMENT A
DIGITAL DATA
All data will be acquired in 2023 unless otherwise noted.
Orthogonal Imagery
4-band orthogonal imagery (including color infrared) at 4-inch or better resolution in the urban areas, and 9-inch or better in the National Forest. Multiple formats (TIFF, JPEG2000, and compressed ECW).
Oblique Imagery
3-band color oblique imagery at 4-inch resolution.
Online hosted access for desktop and mobile devices.
Building Outlines
Building outlines updated for all buildings over 300 square feet.
Digital Terrain Data
LIDAR point cloud including all elevation data (QL1 or better). Digital Terrain Model (DTM) – bare earth data derived from LIDAR. Digital Surface Model (DSM) - building and tree tops derived from LIDAR. Digital Elevation Model (DEM) – bare earth data optimized for processing. 1-foot contours for urban areas, and 2-feet contours for the National Forest.
Additional Data Product(s) as Feasible
Additional high resolution image acquisitions throughout the three-year cycle. Normalized Difference Vegetation Index (NDVI).
Solar Model.
Raster Tree Canopy Model.
Raster Building data Model.
Hillshade.
Slope.
Raster Height Model.
3D mesh.
Street-level imagery and derived products.
Other additional derived GIS data products.
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ATTACHMENT B
LOS ANGELES REGIONAL
IMAGERY ACQUISITION CONSORTIUM (LAR-IAC) 4, LAR-IAC5, LAR-IAC6, LAR-IAC7
AUTHORIZED USER
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (NDA)
1. Pictometry International Corp., a Delaware company with offices at 25 Methodist Hill Drive, Rochester, NY 14623 (“Pictometry”), and the County of Los Angeles (“County”) have entered into that certain agreement dated December 3, 2013 as amended from time to time (“Agreement”) for delivery of licensed digital mapping data and software (“Licensed Products”) to the County. Under the Agreement, certain governmental entities (“Authorized Entities”), including County Departments and non-County Authorized Participants, which participate in the LAR-IAC may be granted copies of or otherwise provided access to the Licensed Products through a Participant Agreement.
2. Pursuant to Paragraph 11.2 (Authorized Users) of the Agreement, Licensed Products may only be accessed or otherwise used by an Authorized User, which includes any contractor or consultant of an Authorized Entity using the Licensed Products either at the facilities of such Authorized Entity or for any Project (as defined below) of such Authorized Entity.
3. The undersigned is an Authorized User of an Authorized Entity under the Agreement and desires to use the Licensed Products solely for internal, noncommercial use and for purposes no greater than reasonably needed to achieve the objectives of an actual project undertaken in connection with the relationship with the Authorized Entity (“Project”).
4. The undersigned Authorized User understands and agrees that the Licensed Products contain proprietary, trade secret and/or confidential information (“Confidential Information”) of Pictometry. Therefore, by signing this Authorized User Confidentiality and Non-Disclosure Agreement (“NDA”), the Authorized User agrees to use the Licensed Products solely for the Project, which is a nonexclusive, nontransferable and non-assignable right, from the effective date of this NDA until the expiration or termination of the Project for which the undersigned Authorized User was engaged by the particular Authorized Entity.
5. Pictometry and the County acknowledge that the Agreement and certain information and documentation (collectively, "Records") may be subject to public record requests (e.g., California Public Record Act Request or Freedom of Information Act Request) or other compelled legal disclosure requests (e.g., a subpoena or warrant) (collectively, "Compelled Disclosure Requests"). Should the Authorized Entity reasonably believe that Records, in whole or in part, are subject to production via a valid, properly submitted Compelled Disclosure Request, the Authorized Entity will promptly notify County and Pictometry of such request providing five (5) days advance notice prior to producing any of the requested Records. Pictometry explicitly reserves the right to object to any such production and to pursue any and all remedies it has in both law and in equity to prevent the release of such Records. The Authorized User and the Authorized Entity, at Pictometry’s expense, shall reasonably cooperate with Pictometry in connection with the foregoing.
6. The undersigned Authorized User agrees to protect and maintain any Confidential Information the Authorized User is given access to under this NDA using at least the same protections and to the same extent the Authorized Entity uses to protect and maintain its own confidential information of a similar nature.
7. To the extent any Confidential Information that is not in the public domain is revealed through the operation or other use of the Licensed Products, the Authorized User agrees that it will not make use of, disseminate or in any way disclose such Confidential Information without the County’s prior written consent, which County may first need to obtain from Pictometry.
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IN WITNESS WHEREOF, the undersigned Authorized User, by his/her authorized signature, agrees to all terms and conditions of this NDA as of the date set forth below.
AUTHORIZED USER:
Signature: Address:
Name:
Organization: City/Zip:
Date: Phone:
AUTHORIZED BY:
Signature:
Name:
Title:
Date:
Authorized Entity:
County’s Project Director:
Note: Submit completed form and a copy of the contract between the Authorized Entity and the Authorized User that details the “Project” to Dr. Steven Steinberg, LARIAC Project Director, at [email protected] and Cc’ An Dang, LARIAC Project Manager, at [email protected] for review and approval.
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Map 1: Areas for Orthogonal Imagery Products
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Map 2: Areas for Oblique Imagery Products