Agenda packet — Lakewood City Council, September 27, 2022

AGENDA

REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS
5000 CLARK AVENUE

LAKEWOOD, CALIFORNIA
September 27, 2022
RECEPTION: “Lakewood Celebrates . . .” 6:00 p.m.

CALL TO ORDER 7:30 p.m.

INVOCATION: Pastor Chris Kirish, Renovate Church
PLEDGE OF ALLEGIANCE: Girl Scout Troop 3433
ROLL CALL: Mayor Steve Croft
Vice Mayor Ariel Pe
Council Member Cassandra Chase
Council Member Todd Rogers
Council Member Jeff Wood
ANNOUNCEMENTS AND PRESENTATIONS:

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 September 13, 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.

RI-4 MEETING REPORTS AND AUTHORIZATIONS PURSUANT TO AB1234 - Staff recommends City Council receive and file the report.

RI-5 MONTHLY REPORT OF INVESTMENT TRANSACTIONS - AUGUST 2022 - Staff recommends City Council receive and file the report.

RI-6 REVISIONS TO CONFLICT OF INTEREST CODE - Staff recommends City Council accept and approve conflict of interest code for officers and employees of the City of Lakewood as submitted.

RI-7 RESOLUTION NO. 2022-71; 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-8 FINDING AND DETERMINATION OF NEED TO CONTINUE EMERGENCY ACTION

REGARDING REPAIRS TO BOLIVAR PARK STORMWATER CAPTURE BUILDING AND EQUIPMENT, RESOLUTION NO. 2022-72 - Staff recommends City Council adopt proposed resolution.

City Council Agenda
September 27, 2022

Page 2 ends

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 ROUTINE ITEMS: - Continued
RI-9 APPROVAL OF AGREEMENT TO EXTEND PRIVATE SECURITY PATROLS - Staff recommends City Council approve agreement with Southwest Patrol, Inc. to extend private security patrol services through December 31, 2022, and authorize City Manager to sign agreement as approved by City Attorney; and appropriate $60,000 of General Fund funds in FT2022-2023 budget.

RI-10 APPROVAL OF AGREEMENT FOR HOMELESS SERVICES LIAISON - Staff recommends City Council approve an agreement with Adriana Lopez as Homeless Services Liaison through June 30, 2023 and authorize City Manager to sign agreement as approved by City Attorney.

RI-11 REVISION TO VEHICLE PURCHASING POLICY FOR FISCAL YEARS 2022-23 AND 2023-24 - Staff recommends City Council authorize City Manager to approve purchase of vehicles included in FY 2022-23 and FY 2023-24 Adopted Budget after gathering at a minimum three (3) informal bids or utilizing cooperative purchasing pricing that was obtained by a comparable government agency through a competitive bidding process; and appropriate an additional 15% to Council-authorized budgeted amount for each proposed vehicle, if needed.

LEGISLATION:

2.1 APPOINTMENTS TO CITY COMMISSIONS, RESOLUTION NO. 2022-73 - Staff recommends City Council adopt proposed resolution approving appointments to City Commissions.

REPORTS:

3.1 APPROVAL OF LEASE OF WATER RIGHTS TO CITY OF CERRITOS - Staff recommends City Council approve lease of 700 acre-feet of Central Basin groundwater extraction rights to City of Cerritos for each of FY 23/24, FY 24/25, and FY 25/26 for $115,500 per year; and authorize execution by Director of Water Resources on behalf of City.

3.2 ARCHITECTURAL SERVICES AUTHORIZATION, DAHLIN GROUP, WEINGART IMPROVEMENTS - Staff recommends City Council authorize work for Weingart Sr. Center improvements per Dahlin Group proposal dated September 19, 2022, in amount not-to-exceed $297,200, and authorize Mayor to sign proposal.

3.3 FEST-OF-ALL PREVIEW - Staff recommends City Council receive and file the report.

AGENDA

LAKEWOOD HOUSING SUCCESSOR AGENCY

1. DEPOSIT AND EXCLUSIVE NEGOTIATING AGREEMENT WITH HABITAT FOR HUMANITY OF GREATER LOS ANGELES - Staff recommends City Council enter into a Deposit and Exclusive Negotiation Agreement with Habitat for Humanity of Greater Los Angeles, and designate staff to execute said agreement.

ORAL COMMUNICATIONS:

ADJOURNMENT

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

COUNCIL AGENDA
September 27, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Report of Personnel Transactions
Effective
Name Title Schedule Date

1. FULL-TIME EMPLOYEES
A. Appointments
Joan Truong Accounting Technician 12A 09/19/2022
Geoffrey Yates Park Maintenance Worker 10A 09/06/2022
B. Changes
None
C. Separations
Anthony Martinez Park Maintenance Worker 10A 08/31/2022

2. PART-TIME EMPLOYEES
A. Appointments
Matthew Padilla Maintenance Trainee I B 09/06/2022
B. Changes
Luis Abarca Rodriguez Maintenance Services Aide III
Maintenance Trainee I
B to 09/04/2022
B
C. Separations
Guadalupe Arambula Community Services Leader IV B 09/02/2022 Ilene Martinez Community Services Leader IV B 09/08/2022 Bruce Wills Maintenance Trainee II B 09/02/2022
Thadaeus McCormack
City Manager
Rl-2

CITY OF LAKEWOOD
FUND SUMMARY 09/15/22
In accordance with section 2521 of the Lakewood Municipal Code, presented herewith is a summary of obligations to be paid by the City of Lakewood. Each of the following demands has been audited by the Director of Finance and Administrative Services and approved by the City Manager. 1010 GENERAL FUND

CABLE TV

AMERICAN RESCUE PLAN

COMMUNITY FACILITY

RETIREE BENEFITS

MISC-SPECIAL REVENUE FUND

LA CNTY MEASURE R

LACNTY MEASURE M

LA CNTY MEASURE W

CAPITAL IMPROV PROJECT FUND
PROPOSITION "A”
PROPOSITION "C"

GRAPHICS AND COPY CENTER

CENTRAL STORES

FLEET MAINTENANCE

WATER UTILITY FUND
828,911.36
150.00
9,700.00
23,414.74
231,680.14
525.00
361,000.00
292,600.00
260,601.28
1,121,098.32
185,680.00
2,862.28
835.58
1,860.60
17,489.96
51,014.44
1020
1025
1050
1070
1500
1621
1622
1623
3001
3060
3070
5010
5020
5030
7500
3,389,423.70
Council Approval
Date City Manager
Attest
City Clerk Director of Finance and Administrative Services Rl-3

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
DATE
CHECK

VENDOR NAME AMOUNT
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022
09/15/2022

AIRE RITE A/C & REFRIGERATION INC

ACCOUNTING PRINCIPALS,INC

MNRO HOLDINGS,LLC

ALLIANT INSURANCE SERVICES
AMAZON CAPITAL SERVICES.INC.

AMERICAN SANITARY SUPPLY, INC.

APEX DRUM COMPANY INC.

ARC DOCUMENT SOLUTIONS.LLC

AUTOZONE PARTS INC
B.R. BREWER SIGN & GRAPHICS

BEAR COMMUNICATIONS INC
BIOMETRICS4ALL INC
TWO SHELLS ENTERPRISES INC.

CALIFORNIA ELECTRIC SUPPLY CO

CALIFORNIA STATE DEPT OF JUSTICE

CALIFORNIANS ORGANIZED FOR POLICE SUPPORT

CINTAS CORPORATION

CITY LIGHT & POWER LKWD INC
COLOR CARD ADMINISTRATOR CORP.

COMPLETE FIRE SERVICE INC
COLOMRICAN. INC.

DAHLIN GROUP. INC.

DANGELO COMPANY
DEARK E&C. INC.

DICKSON R F CO INC
DUNRITE PEST CONTROL INC.

DUTHIE POWER SERVICES INC

EDCO WASTE SERVICES LLC

ELLIOTTAUTO SUPPLY COMPANY INC
FILE KEEPERS. LLC

GANAHL LUMBER COMPANY

LA GATEWAY REGION INTEGRATED RNL

GLASBY MAINTENANCE SUPPLY CO

HARA M LAWNMOWER CENTER

HINDERLITER DE LLAMAS & ASSOC

HOME DEPOT

INFOSEND INC

JHM SUPPLY INC
JONES RICHARD D. APROFLAWCORP
KARTER.JANET
KICK IT UP KIDZ. LLC

LAKEWOOD CHAMBER OF COMMERCE

LIEBERT CASSIDY WHITMORE
2,784.56
2,205.00
639.13
939.58

90.04 545.18
644.96
1,044.25

52.46 264.60
494.04

17.25 244.00
250.12
783.00
100.00
134.39
1,031.88

34.32 3,744.16
322.93
9,700.00
673.43
620.10
51,179.88
130.00
4,336.62
508,055.08
10,796.31
373.03

68.70 189.82
259,951.74
154.39
141.34
300.00
2,203.84
10,147.64
2,409.01
17,252.50
491.73

22.75 1,833.33
2,422.50

Page 1 of 3 ends

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
DATE
CHECK

LONG BEACH CITY GAS & WATER DEPT

LONG BEACH PUBLIC TRANSPORTATION CO
LONG BEACH.CITY OF

LOS ANGELES CO CLERK

LOS ANGELES CO FIRE DEPT
MACAULAY.CHRISTINA
OOTWI.INC.

MARKLEY. ELIZABETH
MICHAEL BAKER INTERNATIONAL. INC.

MIDWEST MOTOR SUPPLY CO. INC.

MINI COACH INC
NOBLE R.J. COMPANY

O'REILLY AUTOMOTIVE STORES INC
OC VACUUM INC.

OSBORN.KAITLIN

PHASE II SYSTEMS INC

PLAYPOWER LT FARMINGTON INC

POLLARD JOSEPH G COMPANY INC
OUADIENT LEASING USA.INC.

RAHMAN. NAOMI NID

RAYVERN LIGHTING SUPPLY CO INC

S & J SUPPLY CO

SOUTHERN CA WASTE MANAGEMENT FORUM
SAN JUAN. CLYDE J

SCMAF OFFICE
SERVICEWEAR APPAREL INC.

SITEONE LANDSCAPE SUPPLY. LLC

SMART & FINAL INC
MWB COPY PRODUCTS. INC.

SOLID SURFACE CARE. INC.

SOUTHERN CALIFORNIA EDISON CO

SOUTHERN CALIFORNIA GAS CO

SOUTHERN COUNTIES LUBRICANTS
SOUTHWEST PATROL INC.

SPICERS PAPER INC
STANDARD INSURANCE CO UNIT 22
TOP HAT BALLOON WERKS. LLC
TRAFFIC MANAGEMENT. INC

TURF STAR
U S BANK PARS ACCT #6746022500

U S POSTAL SERVICE
275.29
185,680.00
1,605.81

75.00 75.00

75.00 5,159.00
150.00
577.00
312.00
15,145.00
785.82

1.811.24
1,774,698.32

1.160.24
4,899.46
482.24
2,930.14
2,672.90
442.67
1,839.33
660.00

39.62 1,406.30
585.00
266.50

80.00 254.74
496.65
1,359.87
115.76
1,689.00
110,215.14
518.33
1,576.69
610.92
68,272.00
835.58
9,855.59
1,756.29
3,420.00
765.32
228,750.00
10,940.00

Page 2 of 3 ends

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
DATE
CHECK

UNITED WATER WORKS INC

CELLCO PARTNERSHIP

WALTERS WHOLESALE ELECTRIC CO

WATERLINE TECHNOLOGIES INC

WAXIE ENTERPRISES INC

WECK ANALYTICAL ENVIRONMENTAL SERVICES

WESTERN EXTERMINATOR CO

WHITE HOUSE FLORIST INC
WILBER.BILL
WORLDWIDE RECOVERY SYSTEMS. INC.

ANDERSON. LISA
BARRIOS.JESUS
JIMENEZ.JIMMY

LAKEWOOD NORWALK STATION CORP
MONTOYA.MARIA
NELSON. NANCY
RAMOS.ALMA
RANDLE. ELIZABETH
TE.JELLYN
UNIVERSAL ASPHALT.. INC.

WILLIAMSON. KYLE
412.34
4,635.06
3,737.81
471.83
7,562.58
416.91
742.00
310.75
100.00
373.75
22,567.60

15.00 615.00
250.00
916.86
252.00

60.00 100.00
250.00

15.00 388.86

90.00 Total: 3,389,423.70

Page 3 of 3 ends

CITY OF LAKEWOOD
FUND SUMMARY 09/22/22
In accordance with section 2521 of the Lakewood Municipal Code, presented herewith is a summary of obligations to be paid by the City of Lakewood. Each of the following demands has been audited by the Director of Finance and Administrative Services and approved by the City Manager. 1010 GENERAL FUND

CABLE TV

CDBG CURRENT YEAR

COMMUNITY FACILITY

RETIREE BENEFITS

LA CNTY MEASURE W
PROPOSITION "CM

CENTRAL STORES

FLEET MAINTENANCE

WATER UTILITY FUND

LOCAL REHAB LOAN

TRUST DEPOSIT
1,225,322.59
230.00
1,833.33
2,687.11
500.00
2,200.00

14.63 5,573.17
5,527.68
113,023.44
1,400.00
1,020.00
1020
1030
1050
1070
1623
3070
5020
5030
7500
8020
8030
1,359,331.95
Council Approval
Date City Manager
Attest
City Clerk Director of Finance and Administrative Services

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
DATE
CHECK

VENDOR NAME AMOUNT
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022
09/22/2022

PERRIS FENCE & SUPPLY

ACTUARIAL RETIREMENT CONSULTING LLC

AIRE RITE A/C & REFRIGERATION INC
ACCOUNTING PRINCIPALS. INC
ALL CITY MANAGEMENT SERVICES. INC.

AMAZON CAPITAL SERVICES.INC.

ROSS AVIATION INVESTMENT. LLC
BOYES.GOBIND
BROWN. BONNIE
CALIF. STATE DISBURSEMENT UNIT

CALIF STATE FRANCHISE TAX BOARD

CENTRAL BASIN MUNICIPAL WATER
CERRITOS. CITY OF

CINTAS CORPORATION

CAMERON WELDING SUPPLY
COCHICO. WILFRED Z

COMMUNITY FAMILY GUIDANCE CTR

CROFT, STEVE

EDCO WASTE SERVICES LLC

FERGUSON ENTERPRISES INC

FLUE STEAM INC
FRONTIER CALIFORNIA INC.

GALLS PARENT HOLDINGS. LLC

GONSALVES JOE A & SON

GRANICUS INC

HARA M LAWNMOWER CENTER
HODGE PRODUCTS INC.

HOME DEPOT

HOUSTON ENGINEERING INC

JHM SUPPLY INC
JOHNSON.APRIL
JONES RICHARD D. A PROF LAW CORP
KICK IT UP K1DZ. LLC

LAGERLOF, LLP
LAKEWOOD.CITY OF
LAKEWOOD. CITY WATER DEPT
LANCE.STEVEN JOSEPH

LAWSON PRODUCTS INC
LONG BEACH.CITY OF

LA COUNTY DEPT OF PUBLIC WORKS
MACAULAY. CHRISTINA
MADRIGAL. ANTONIO

MIEIR-KING RICHARD
116.93
500.00
853.70
1,764.00
3,837.78
2,616.64
17,458.69
107.25
188.50
157.38

61.75 1,800.00
51,784.10

62.13 330.75

56.78 708.33

59.72 508,055.08
9,525.09
12,328.43
223.00
2,670.52
211.40
4,526.00
10,253.25
771.02
973.11
1,489.21
2,200.00
922.99
145.65
625.73
386.75
360.00
300.00
96,586.13
850.00

41.21 1,085.33
6,587.42
230.00
1,350.00
436.80

Page 1 of 3 ends

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK

DATE CHECK

MINI COACH INC
MURRAYSMITH. INC.

O’REILLY AUTOMOTIVE STORES INC

ODP BUSINESS SOLUTIONS, LLC

PATHWAYS VOLUNTEER HOSPICE

PAYMENTUS CORPORATION
PE.ARIEL
PIERSON.JEREMY L.

PNC BANK

SAFETY-KLEEN CORP

SECTRAN SECURITY INC
SERVICEWEAR APPAREL INC.

SIERRA INSTALLATIONS INC

SMART & FINAL INC

SO CALIF SECURITY CENTERS INC
SOLID SURFACE CARE, INC.

SOUTH COASTA.O.M.D.

SEAACA

SOUTHERN CALIFORNIA EDISON CO

SOUTHERN CALIFORNIA GAS CO
SOUTHWEST PATROL INC.

AUDIO MESSAGING SOLUTIONS LLC

SU CASA ENDING DOMESTIC VIOLENCE

T-MOBILE USA, INC

TENG WHEA-FUN

THE HITT COMPANIES

UNIFIRST CORPORATION

VERTTIV OPERATING COMPANY

WATER SYSTEM SERVICES LLC

WATERLINE TECHNOLOGIES INC

WAXIE ENTERPRISES INC

WAYNE HARMEIER INC

WEST COASTARBORISTS INC

COMPREHENSIVE PRINT GROUP LLC

WHITE HOUSE FLORIST INC
WiLLDAN ASSOCIATES

ALBRIGO,JONATHAN
AYALA.ARTURO
BOWERS. RON
CHASE.CASSANDRA

CLARK, SHARON

GREG TURNER PAINTING
GUZMAN.BLANCA
PICKLER. KELLI
1,473.25
6,867.50
346.01
425.96
708.33
8,276.74

44.93 312.00
3,234.24
739.48
190.42
122.45
17,225.00

93.04 13.69
595.00
1,379.78
286,836.00
26,484.15
4,270.38
25,856.00
342.87
416.67
343.22
273.60
139.76

36.55 207.15
350.00
6,082.41
2,718.68
290.18
209,211.50
602.26
893.03
720.00
174.10

12.00 3.13

40.01 24.21
1 ,400.00
250.00
1 ,184.22

Page 2 of 3 ends

CITY OF LAKEWOOD

SUMMARY CHECK REGISTER
CHECK
DATE
CHECK

VENDOR NAME AMOUNT
09/22/2022
09/22/2022
SANCHEZ. RUBEN

SUNNY CONSTRUCTION CO
250.00
2,273.50
Total: 1,359,331.95

Page 3 of 3 ends

COUNCIL AGENDA
September 27, 2022
TO: The Honorable Mayor and CityCouncil
SUBJECT: AB 1234 Meeting Report

INTRODUCTION
Assembly Bill 1234 became effective January 1, 2006. The legislation requires members of a legislative body to provide brief reports on the meetings they attended at the expense of the local agency at the next regular meeting of the legislative body.

STATEMENT OF FACT
• Mayor Croft, Vice Mayor Pe and Council Member Chase attended the annual League of California Cities conference from September 7-9, 2022, in Long Beach. The council members participated in sessions that covered the following topics: ending poverty in cities, fostering innovation through technology pilot projects, infrastructure recovery after a disaster, supporting local small businesses, creating more equitable and resilient communities, advancing empowerment in a disadvantaged community,fixing Proposition 47,post-pandemic mentorship for women, among other sessions. In addition, the council members attended various caucus meetings.

RECOMMENDATION
That the City Council receive and file this report.

Thaddeus McCormack
City Manager
Paolo Beltran
Deputy City Manager
RI-4

COUNCIL AGENDA
September 27, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Monthly Report of Investment Transactions-August 2022

INTRODUCTION
In accordance with California Government Code Section 53607, the City Council has delegated to the City Treasurer the responsibility to invest or to reinvest funds, or to sell or exchange securities purchased. The California Government Code Section 53607 requires that, if such responsibility has been delegated, then the Treasurer “shall make a monthly report of those transactions to the legislative body.” In compliance with this requirement, the Monthly Report of Investment Transactions is being rendered to be received and filed.

STATEMENT OF MONTHLY ACTIVITY
Date Amount at Cost Investment Transaction Rate*
$4,723.45
1,576.80
395.25
1,364.18
698.60
1,075.00
560.43
1200.6
358.05
104,895.00
93,292.14
395,096.47
91,912.01
515.63
59,944.80
318.75
119,991.41
644,214.25
2,475.00
149,375.99
Ol-Aug-22
01-Aug-22
Ol-Aug-22
Ol-Aug-22
Ol-Aug-22
Ol-Aug-22
Ol-Aug-22
Ol-Aug-22
Ol-Aug-22
03-Aug-22
04-Aug-22
04-Aug-22
05-Aug-22
07-Aug-22
09-Aug-22
09-Aug-22
10-Aug-22
10-Aug-22
10-Aug-22
10-Aug-22
CAMP
FNMA
FNMA
FNMA
FNMA
CORP
FNMA
FNMA
FNMA
CORP
CORP
TREAS
CORP
CORP
CORP
CORP
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Purchase
Purchase

2.300%

1.971%

0.510%

2.021%

1.996%

2.150%

0.773%

2.001%

2.046%

3.9500%

3.150%

1.375%

1.125%

1.875%

3.100%

0.750%

4.140%

2.750%

0.250%
Sell
Purchase
Interest
Purchase
Interest
Purchase
Purchase
Interest
ABS
TREAS
CORP
TREAS Sell
RI-5
Monthly Investment Transactions
September 27, 2022

Page 2 ends

Date Amount at Cost Investment Transaction Rate*
$481,858.02
2,000,000.00
189.237.15
187.661.15
384.75
177,976.97
1,710.00
4,875.00
1,618.75

25.51 359.67
106.33
967.50

37.28 1667.5

16.91 14,218.75
247.00

31.65 54.17

25.33 3.187.50

19.70 833.38
730.59

15.39 112.29
11,667.33
7,270.44

9.723.50
5,473.87
3,665.07
3,400.91
1,000,000.00

39.45 9,654.34
282,182.51
TREAS Sell 0.250%

0.750%

3.750%

1.375%

0.855%

3.375%

1.800%

3.250%

1.750%

0.400%

3.320%

0.580%

2.150%

0.500%

2.300%

0.340%

1.625%

1.040%

0.440%

0.520%

0.380%

1.500%

0.430%

3.390%

3.970%

0.550%

0.430%

0.440%

0.400%

0.500%

0.550%

0.340%

0.750%

0.370%

0.830%
10-Aug-22
11-Aug-22
ll-Aug-22
11-Aug-22
12-Aug-22
12-Aug-22
13-Aug-22
14-Aug-22
14-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
15-Aug-22
18-Aug-22
18-Aug-22
18-Aug-22
19-Aug-22
LAIF Sell
CORP
TREAS
CORP
CORP
CORP
CORP
CORP
Purchase
Sell
Interest
Sell
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Interest
Paydown
Paydown
Paydown
Paydown
Paydown
Paydown
ABS
ABS
ABS
CORP
ABS
CORP
ABS
TREAS
ABS
ABS
ABS
ABS
TREAS
ABS
ABS
ABS
ABS
ABS
ABS
ABS
ABS
ABS
ABS
ABS
LAIF Sell
Interest
Paydown
Purchase
ABS
ABS
FNMA
Monthly Investment Transactions
September 27, 2022

Page 3 ends

Date Amount at Cost Investment Transaction Rate*
$185,832.50

18.75 78.33

12.41 56.67
9,929.15
1,500,000.00
59996.42

13.49 15.92

20.36 13.60
9,987.24
3865.06
3,062.50
1,500.00
1,875.00
2,812.50
3,384.38
3,515.63
584.38
19-Aug-22
20-Aug-22
20-Aug-22
20-Aug-22
20-Aug-22
20-Aug-22
24-Aug-22
24-Aug-22
25-Aug-22
25-Aug-22
25-Aug-22
25-Aug-22
25-Aug-22
25-Aug-22
30-Aug-22
31-Aug-22
31-Aug-22
31-Aug-22
31-Aug-22
31-Aug-22
31-Aug-22
CORP Sell 3.000%

0.500%

0.470%

0.450%

0.340%

0.450%

0.750%

3.730%

3.203%

0.480%

0.290%

3.203%

0.290%

0.480%

1.750%

0.500%

1.125%

2.375%

1.875%

1.375%
ABS Interest
Interest
Interest
Interest
Paydown
ABS
ABS
ABS
ABS
LAIF Sell
Purchase
Interest
Interest
Interest
Paydown
Paydown
Paydown
Interest
Interest
Interest
Interest
Interest
Interest
Interest
ABS
FNMA
ABS
ABS
FNMA
ABS
ABS
CORP
TREAS
TREAS
TREAS
TREAS
TREAS
TREAS
* Rates shown for MMF, LAIF, and CAMP are distribution yields. All others are coupon rates.

INVESTMENT GLOSSARY
ABS (Asset-Backed Securities)
A mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond.

AGENCY (U.S. Government Agency Issues)
Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. There are no portfolio percentage limits for U. S. Government Agency issues.

Monthly Investment Transactions
September 27, 2022

Page 4 ends

BOND (Municipal Bonds or Note)
Registered treasury notes or bonds issued by states or municipalities, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California.

CAMP (California Asset Management Program)
A Joint Powers Authority established in 1989 by the treasurers and finance directors of several California public agencies to provide an investment pool at a reasonable cost. Participation is limited to California public agencies.

CD (Certificate of Deposit)
Negotiable CDs are issued by large banks and are freely traded in secondary markets as short term (2 to 52 weeks), large denomination ($100,000 minimum) CDs, that are either issued at a discount on its par value, or at a fixed interest rate payable at maturity.

COM (Commercial Paper)
Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical-rating organization.

CORP (Corporate Notes)
Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the Unites States or by depository institutions licensed by the United States, or any state and operating within the United States.

FNMA (Federal National Mortgage Association)
A government-sponsored, privately owned corporation established to create a secondary market for Federal Housing Administration mortgages.

LAIF (Local Agency Investment Fund, State of California) The Treasurer of the State of California administers this investment pool, providing a high-level of liquidity and strong safety through diversification of investments.

MMF (Money Market Fund)
Thisis a money market interest-bearing checking account that is fully insured and collateralized.

SUPRA (Supra-National Agency Bonds or Notes)
Supranational bonds and notes are debt of international or multi-lateral financial agencies. The debt is used to finance economic/infrastructure development, environmental protection, poverty reduction and renewable energy around the globe, rated AAA, highly liquid and issued in a range of maturities.

Monthly Investment Transactions
September 27, 2022

Page 5 ends

TREAS (U.S. Treasury Notes)
A Treasury obligation of the U.S. Government to provide for the cash flow needs of the Federal Government.

RECOMMENDATION
It is recommended that the City Council receive and file the Monthly Report of Investment Transactions rendered for the month of August 2022.
\
Thaddeus McCormack
City Manager
Jose Gomez
Director of Finance & Administrative Services

COUNCIL AGENDA
September 27, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Conflict of Interest Code for City Officers and Employees

INTRODUCTION
On June 14, 2022, in accordance with State law, the City Council directed that Conflict of Interest Codes be reviewed to determine if any changes or updates were required. The review process has been completed and some minor amendments to the designated positions are submitted for City Council review and approval.

STATEMENT OF FACT
Section 87306.5 of the California Government Code requires every local agency code reviewing body to review conflict of interest codes and make necessary adjustments no later than October 1st of every even-numbered year.

Since the City Council had previously adopted the standardized provisions prepared by the Fair Political Practices Commission (FPPC) to automatically incorporate subsequent updates adopted by the FPPC, only the City’s designated positions and disclosure category sections remained to be assessed during the required biennial review.

Using guidelines provided by the FPPC, each department has reviewed their designated positions and the level of disclosure for each position to determine if changes were necessary. Changes have been proposed to the three attached designated positions appendices.

The Lakewood Public Financing Authority is a separate body with its own code, with the City Council designated as the code reviewing body. The code has been reviewed by the City Manager and it has been determined that no changes are required at this time.

RECOMMENDATION
Staff recommends the City Council accept and approve the conflict of interest code for officers and employees of the City of Lakewood as submitted. /
Thaddeus McCormack
City Manager
Jo Mayberry
City Clerk
RI-6
2022

CONFLICT OF INTEREST CODE
OF THE

CITY OF LAKEWOOD
SECTION 1. CONFLICT OF INTEREST CODE - ADOPTED.

The Political Reform Act, Government Code Section 81000, et seq., requires state and local governmental agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, Section 18730, which contains the terms of a standard Conflict of Interest Code and is incorporated by reference, as Appendix C. It may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Lakewood.

SECTION 2. STATEMENTS AND STATEMENT FILING OFFICER.

Pursuant to Section 4 of the standard code, designated employees shall file Statements of Economic Interests with the City Clerk, who shall be and perform the duties of filing officer for the City of Lakewood.

SECTION 3. SAVINGS CLAUSE.

Any change provided for in this conflict of interest code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other conflict of interest code. *Designation Specified in Government Code Section 87200 **See Consultant Disclosure Category Revised 9/2022

CITY OF LAKEWOOD

CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

FOR THE

DEPARTMENT OF ADMINISTRATION
Designated Positions Disclosure Category
City Manager *
Assistant City Manager 1
Deputy City Manager 1
Assistant to the City Manager 1
City Clerk 1
Human Resources Manager 1
Executive Secretary 3
Public Information Officer Communications Director 3
Public Safety Director 1
Public Safety Manager 1
Consultants 1**
*Designation Specified in Government Code Section 87200 **See Consultant Disclosure Category Rev. 9/2018

CITY OF LAKEWOOD

CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

FOR THE

DEPARTMENT OF COMMUNITY DEVELOPMENT
Designated Positions Disclosure Category
Director 1
Assistant Director 1
Planning and Environment Commissioners *
Senior Planner 2
Community Development Coordinator 2
Neighborhood Preservation Manager 2
Assistant Planner 2
Housing Specialist 2
Consultants 1**
*Designation Specified in Government Code Section 87200 **See Consultant Disclosure Category Revised 9/2020

CITY OF LAKEWOOD

CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

FOR THE

DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES
Designated Positions Disclosure Category
Director *
Assistant Director *
Purchasing Officer 5
Consultants 1**
*Designation Specified in Government Code Section 87200 Revised 9/2002

CITY OF LAKEWOOD

CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

FOR LEGAL COUNSEL
Designated Positions Disclosure Category
___________________________________________________________________________________ City Attorney *
City Prosecutor *
**See Consultant Disclosure Category Revised 9/2022

CITY OF LAKEWOOD

CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

FOR THE

DEPARTMENT OF PUBLIC WORKS
Designated Positions Disclosure Category
___________________________________________________________________________________ Director 1
Assistant Director 1
Project Architect 1
Civil Engineering Associate 3
Community Safety Commissioners 3
Senior Project Manager 3
Environmental Programs Manager 3
Assistant Project Manager 3
Consultants 1**
**See Consultant Disclosure Category Rev. 9/2010

CITY OF LAKEWOOD

CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

FOR THE

DEPARTMENT OF RECREATION & COMMUNITY SERVICES
Designated Positions Disclosure Category
___________________________________________________________________________________ Director 1
Assistant Director 1
Recreation and Community Services Commissioners 3
Parks Superintendent 1
Consultants 1**
**See Consultant Disclosure Category Revised 9/2022

CITY OF LAKEWOOD

CONFLICT OF INTEREST CODE

APPENDIX A

DESIGNATED POSITIONS

FOR THE

DEPARTMENT OF WATER RESOURCES
Designated Positions Disclosure Category
Director 1
Assistant Director 1
Water Administration Manager 3
Water Operations Field Manager 3
Water Operations Superintendent 1
Consultants 1**
1 – as detailed in Form 700, Instructions Page 8
2 – as detailed in Form 700, Instructions Page 12
3 – as detailed in Form 700, Instructions Page 14
4 – as detailed in Form 700, Instructions Page 14
Revised 9/2022

APPENDIX B
DISCLOSURE CATEGORIES. An investment, interest in real property, business position, or income is reportable, if the business entity in which the position or investment is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. In this regard the following disclosure categories are applicable:

Category 1. Designated employees whose duties are broad and indefinable must report:

All investments1, interests in real property2, sources of income3,and business positions4 in any business entities within the jurisdiction.

Category 2. Designated employees whose decisions may affect real property interests must report:
a) Interests in real property.
b) Investments or business positions in or income from business entities which are contractors or subcontractors, suppliers or other parties which have been engaged in such activity within the City within the previous two (2) years.
c) Investments in or income from persons or business entities engaged in the acquisition or disposal, rent, lease or development of real property within the City.

Category 3. Designated employees who make direct recommendations to a legislative body must report:

Investments, income, and business positions in business entities which are consultants, contractors, subcontractors, suppliers or other contracting parties with the City of Lakewood, or have been engaged in such activity within the City within the previous two (2) years.

Category 4. Designated employees whose duties include financial transactions must report:

Investments and business positions, and sources of income from financial institutions including, but not limited to, banks, savings and loan associations and credit unions; and from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee's department or division. Interests in real property.

Category 5. Designated employees whose duties involve contracting or purchasing for entire agency must report:

Investments, business positions, and sources of income from business entities which manufacture, or sell supplies, materials, machinery or equipment, or provide services.

Consultant Disclosure Category.

Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:

The City Manager or his designee may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

APPENDIX C
2022
(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations) § 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code.
(2) Section 2. Designated Employees.

The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2
(5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements.

Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest;

2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. (D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.
(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or
(E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or
(B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.

This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004.
2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9 27-90 (Reg. 90, No. 42).

9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11- 22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007.

Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)- (b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

RESOLUTION NO. 2022-71

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. On February 8, 2022, the City Council adopted Resolution No. 2022-7, extending such Local Emergency. On March 22, 2022, the City Council adopted Resolution No. 2022-13, extending such Local Emergency. On May 10, 2022, the City Council adopted Resolution No. 2022-22, extending such Local Emergency. The City Council hereby extends such Local Emergency, on the same terms and conditions. On June 28, 2022, the City Council adopted Resolution No. 2022-41, extending such Local Emergency. The City Council hereby extends such Local Emergency, on the same terms and conditions. On August 9, 2022, the City Council adopted Resolution No. 2022-53, 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.

RI-7
Resolution No. 2022-71

Page 2 ends

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.

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

ADOPTED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2022.

Mayor
ATTEST:

City Clerk

COUNCIL AGENDA
September 27, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Finding and Determination of Need to Continue Emergency Action Regarding Repairs to Bolivar Park Stormwater Capture Building and Equipment

INTRODUCTION
At its September 13, 2022 meeting, the City Council adopted Resolution 2022-70 finding and determining that it was necessary to take emergency action due to the fact that the Bolivar Park Stormwater Capture Building and Equipment were damaged as a result of a traffic collision.

State law allows for necessary purchases and repairs to be made in a more expedited manner.

The process was initiated via the adoption of the above resolution declaring an emergency and dispensing with the contracting requirements of the Public Contract Code (PCC).

STATEMENT OF FACT
The emergency work is estimated to cost approximately $300,000, with the City’s property insurance policy covering the amount. Since the last meeting, staff has been working closely with contractors and engineers to define the scope of the needed repairs, review new warranty terms, and gathering construction and installation proposals.

The PCC also requires that staff report to the City Council at its next meeting the actions taken to cure the emergency. Such a report and an accompanying resolution must be provided (and approved by the City Council, by four-fifths vote) through the period of time needed for completion of the needed repairs.

STAFF RECOMMENDATION
It is recommended that the City Council adopt the proposed resolution as it finds and determines that there is a need to continue the action previously authorized by Resolution No. 2022-70.

Thaddeus McCormack
City Manager
Jose Gomez
Director of Finance & Administrative Services
RI-8
RESOLUTION NO. 2022-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD FINDING AND DETERMINING THAT THERE

IS A NEED TO CONTINUE TAKING EMERGENCY ACTION

REGARDING THE NEED TO MAKE REPAIRS TO THE

BOLIVAR PARK STORMWATER CAPTURE BUILDING AND
EQUIPMENT.

WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 2022-70, finding and determining that it was necessary to take emergency action due to the fact that the Bolivar Park Stormwater Capture Building and Equipment were damaged as a result of a traffic collision; and
WHEREAS, the City has not completed the actions authorized by Resolution No. 2022-70;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Based on the evidence contained in the staff report submitted herewith, the City Council finds and determines that there is a need to continue the action authorized by Resolution No. 2022-70.

SECTION 2. The City Manager and his designees are hereby directed and authorized to implement the actions taken by the City Council to address this emergency.

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.

SECTION 3.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2022.

Mayor
ATTEST:

City Clerk

COUNCIL AGENDA
September 27, 2022
TO: Honorable Mayor and City Council
SUBJECT: Approval of Agreement to Extend Private Security Patrols

INTRODUCTION
City Council approved the Neighborhood Safety Enhancement Plan on March 22, 2022 to address public safety issues, particularly increases of auto thefts and catalytic converter thefts.

One component of the plan was to hire private security to provide overnight patrols of residential neighborhoods to report any criminal or suspicious activity to the Sheriffs Department as a 3- month pilot project.

STATEMENT OF FACTS
Private security patrols commenced on April 24, 2022, with four unarmed, uniformed guards conducting nightly vehicle patrols throughout all neighborhoods, being highly visible and watching for any criminal or suspicious activity. Any activity observed is reported to the Sheriff’s Department for a deputy sheriff response and further investigation. The guards will directly address some activity such as scavengers, people at parks after hours and loitering near shopping centers.

Staff assessed crime trends before and after the patrol service started and found that the security patrol deployment has had a positive impact. Most significantly, catalytic converter thefts were significant lower than neighboring cities. While catalytic converter thefts did slightly increase by

1.5%, neighboring cities had a 100% or more increase during the same timeframe. This is consistent with the overall crime trends during the initial deployment of the security guards; there was a significant region-wide increase in criminal activity, which was experienced by Lakewood, but less so overall.

Additionally, the guards have had a positive impact on safety and security of the Lakewood community in other ways. The guards have helped provide assistance to a homeless family in a city park, render aid and request additional assistance for an individual experiencing suicidal tendency and have conducted proactive checks of businesses open late at night. Additionally, community feedback has been positive, with residents commenting they like seeing the security guards patrolling the neighborhoods and feel safer knowing the private security is looking out for the community.

When assessing the security patrol services, staff concluded that the service has been effective, but also believes the services could be used in a strategic, targeted manner. The original scope of service has been to provide citywide coverage, patrolling residential streets in a grid pattern. In RI-9
Agreement for Private Security Patrols
September 27, 2022

Page 2 ends

an effort to have a greater impact on specific crime trends and patterns, staff is recommending to extend the security services through the end of the year utilizing three unarmed guards overnight seven nights per week targeting areas of any crime upticks or patterns, including commercial shopping centers.

This strategic adjustment of the private security patrols along with the city’s continued funding of extra deputy sheriff patrol hours to target crime hot-spots, the new hiring of a Community Prosecutor, and other elements of the Neighborhood Safety Enhancement Plan continue to strengthen Lakewood’s commitment to do all it can to maintain the safest possible community.

The Public Safety Committee received a report on September 6 on the status of the private security patrols effectiveness and concurred with staffs recommendation to continue the security patrols through December 31, 2022 utilizing the adjusted deployment.

In anticipation of the 3-month pilot project being extended, an appropriation of $175,000 was included in the adopted FY 2022-2023 General Fund budget. Inclusive of the new extension, the security patrols are estimated to cost approximately $235,000 through December 31, 2022.

Therefore, staff is recommending City Council appropriate an additional allocation of $60,000 in the FY 2022-23 General Fund budget if an extension of the security patrols services is approved.

RECOMMENDATION
Staff recommends the City Council

1. Approve an agreement with Southwest Patrol, Inc. to extend private security patrol services through December 31, 2022, and authorize the City Manager to sign the agreement as approved by the City Attorney.

2. Appropriate $60,000 of General Fund fundsin the FY2022-2023 budget.

Thaddeus JvtcCormack
City Manager
Joshua Yordt
Director of Public Safety
Security Agreement Number: 29232
This agreement is made and effective as of October 11, 2022, by and between Southwest Patrol, Inc., 1800 E Lambert Road #155, Brea, California 92821 (the “COMPANY”) and City of Lakewood, 5050 Clark Avenue, Lakewood, California 90712 (the “CUSTOMER”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This agreement shall commence on the effective date and expire December 31, 2022, and may be extended by written agreement between CUSTOMER and COMPANY.

2. During the terms of the contract, the COMPANY agrees to furnish the following services:
(3) Unarmed uniform security officers with a marked patrol vehicle (COMPANY and CUSTOMER logo) will be working seven days a week Monday – Sunday starting at 10:00pm and ending 6:30am patrolling designated areas throughout Lakewood residential neighborhoods and shopping centers to deter criminal activity. Officers will be taking a 30 minute nonpaid lunch, client will be billed for an eight (8) hour shift. Stand By Time may be applied when the Officers have to stay on patrol or a designated location longer than the scheduled shift when requested by CUSTOMER. Any changes to services must be done in writing via email with a twenty-four (24) hour advance notice. Officers will be properly equipped, uniformed, and appropriately attired.

3. COMPANY shall be responsible, for the direct supervision of the officers furnished through its designated representatives at the premises to which this contract relates and such representatives, will in turn, be available at all reasonable times to consult with the designated representatives of the CUSTOMER with respect to security services rendered there under. The COMPANY will pay all wages, expenses, federal, social security taxes, unemployment taxes, and any similar taxes. The COMPANY will, upon reasonable notice and request of the CUSTOMER, remove any guard from CUSTOMER’S premises any time it desires and for any reason whatsoever.

4. The CUSTOMER agrees to pay COMPANY by check once invoice is received and within our payment schedule (net-30). COMPANY will add on a 5% late fee on each billing cycle until payment is received in full if payment becomes denied. CUSTOMER agrees to pay reasonable attorney and other fees, which may be incurred by COMPANY if collection action is needed under this contract.

5. If there is enacted any law regulation, ruling or other such mandate, by an authority having jurisdiction of the subject matter which alters the hours of service, rates of pay, working conditions, or costs of performing the security service herein provided of, CUSTOMER agrees that this contract will be subject to renegotiations to take into account these increased costs. All rates are subject to change according to any and all increased costs, with a thirty (30) day notice given to CUSTOMER.

6. Cancellation of this contract must be in writing with twenty-four (24) notice for the early discontinuation of services requested by CUSTOMER or COMPANY.
*
I*
SL"
Security Agreement Number: 29232

7. Indemnification and defense
A. Indemnity.

To the fullest extent permitted by law, COMPANY shall indemnify and hold harmless the CUSTOMER and any and all of its officials, officers, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, caused in whole or in part by the acts, errors, or omissions of COMPNAY, its officers, agents, employees, subcontractors, or subconsultants (or any agency or individual that COMPNAY shall bear the legal liability thereof) in the performance of Services under this Agreement.

B. Duty to Defend.

In the event the CUSTOMER, its officials, officers, employees, agents, and/or volunteers are made a party to any claim, action, lawsuit, or other adversarial proceeding (“Action”) arising from the performance of the Services under this Agreement, whether or not COMPANY is named in such Action, and upon demand by the City, COMPANY shall defend the CUSTOMER at COMPANY’S sole cost, or at the CUSTOMER’S option, to reimburse the CUSTOMER for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense.

C. Payment by the CUSTOMER for Services is not a condition precedent to enforcement of this section.

COMPANY’S duty to defend, indemnify, and hold harmless the CUSTOMER shall not extend to the CUSTOMER’S sole or active negligence. In the event of any dispute between COMPNAY and the CUSTOMER as to whether liability arises from the sole or active negligence of the CUSTOMER or its officials, officers, employees, agents, and/or volunteers, COMPANY will be obligated to pay for the CUSTOMER’S defense until such time as a final judgment has been entered adjudicating the CUSTOMER as solely or actively negligent. COMPANY will not be entitled in the absence of such a determination to any reimbursement of defense costs including, but not limited to, attorney’s fees, expert fees and costs of litigation.

8. COMPANY shall maintain prior to the beginning of and for the duration of this Agreement maintain insurance coverage as specified in Exhibit B attached hereto and made a part of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.

City of Lakewood: Southwest Patrol, Inc.:
___________________________ ____________________________ Thaddeus McCormack. City Manager Authorized Representative

EXHIBIT A
Rate Schedule
Security Agreement Number: 29232
 Unarmed Officer $ 41.00 Per Hour/Per Officer
 Patrol Services $ N/A Per Visit /Per Day/ Per Location  Stand By time $ 57.00 Per Hour
 Response Service $ N/A Per Month/Response Call
 Holiday Pay 1.5 X the Per Hour rate (Christmas Eve, Christmas Day, Thanksgiving Day, New Years Eve, New Year’s Day, Easter, Memorial Day, Labor Day, and 4th of July)

EXHIBIT B

INSURANCE REQUIREMENTS
Security Agreement Number: 29232
Without limiting Consultant’s indemnification of the City, and prior to commencement of Services, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to the City. If the Consultant maintains higher limits than the minimum limits shown below, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $3,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

Professional Liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this agreement, in the minimum amount of $3,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement.

Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;  Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. Consultant shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation.

Insurance certificates and endorsements must be approved by the City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term Security Agreement Number: 29232
of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Duration of coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, or Consultant’s agents, representatives, employees, subcontractors, or subconsultants.

Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or selfinsurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

The City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may immediately terminate this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subcontractors or subconsultants.

Enforcement of Agreement provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Agreement are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Security Agreement Number: 29232
Additional insured status. General liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Consultant agrees to ensure that its subcontractors or subconsultants, and any other party involved with the Services who is brought onto or involved in the Services by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with Consultants, subcontractors, subconsultants, and others engaged in the Services will be submitted to the City review.

The City’s right to revise specifications. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, the City and Consultant may renegotiate Consultant’s compensation or come to some other agreement to address the additional cost.

Self-insured retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Selfinsurance will not be considered to comply with these specifications unless approved by the City.

Timely notice of claims. Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services.

COUNCIL AGENDA
September 27, 2022
TO: Honorable Mayor and City Council
SUBJECT: Approval of Agreement for Homeless Services Liaison

INTRODUCTION
On April 26, 2022, City Council approved a Memorandum of Understanding between Lakewood and the Gateway Cities Council of Governments for the implementation of the Gateway Cities Innovation Plan to utilize Measure H grant funding to hire a Homeless Services Liaison position to serve the Local Coordinating Area 4 cities of Hawaiian Gardens, Lakewood and Signal Hill.

Lakewood serves as the lead agency of the Innovation Plan among the LCA 4 cities.

STATEMENT OF FACTS
In collaboration with the LCA 4 cities, the scope of services for the Homeless Services Liaison were developed to include:

Serve as the connection between the LCA 4 cities and to other homeless service agencies
- Ensure direct services are met in the respective communities by creating connections with homeless individuals
- Work in coordination with the cities’ homeless services staff (including law enforcement personnel) and other partner agencies
- Connect with relevant entities and agencies such as Los Angeles County Departments of Public Health, Health Services and Mental Health, Los Angeles Homeless Services Authority and People Assisting the Homeless, to further efforts in assisting homeless clients
A recruitment process was initiated and applications were reviewed to identify the most qualified candidates based on understanding priorities of individual cities, demonstrated working history with various agencies addressing homelessness, experience working in collaboration with law enforcement and other partner agencies, and showing a strong, well-rounded understanding of homelessness in LA County.

The five most qualified candidates were interviewed by a panel comprised of a representative from the Gateway Cities COG and cities of Lakewood and Signal Hill. The most qualified candidate was Adriana Lopez.

RI-10
Agreement for Homeless Services Liaison
September 27, 2022

Page 2 ends

Ms. Lopez has 20+ years’ experience working for the city of Paramount, where she recently retired as the Director of Public Safety. In her experience, she managed contract law enforcement services and a team of civilian public safety staff, coordinated homeless outreach services with various service providers, developed the “Homeless Plan to Prevent and Combat Homelessness”, and collaborated with community members and stakeholders in addressing homelessness. She holds a Bachelor of Science in criminal Justice from California State University, Long Beach and is bilingual.

The agreement for Homeless Services Liaison would be effective September 28, 2022 and expire June 30, 2023. The agreement could be extended based on availability of Measure H funding and the success of the Innovation Plan.

RECOMMENDATION
Staff recommends the City Council approve an agreement with Adriana Lopez as Homeless Services Liaison through June 30, 2023 and authorize the City Manager to sign the agreement as approved by the City Attorney.

Joshua Yordt \
^
Sl\
Director of PublitsS^
Thaddeus McCormack
City Manager

Revision to Vehicle Purchasing Policy for Fiscal Years 2022-23 and 2023-24 September 27, 2022

Page 3 ends

Attachment A
Truck/Vehicle # Description
Year it was
purchased
Cost to replace
it Division to use it
Funding
Source
Budgeted in Expense
Account #
231 Truck 1995 70,000 RCS Landscape Maint G/F 10107720-58200 589 Truck 1996 70,000 PW Facilities Maint G/F 10106300-58200 249 Truck 1996 60,000 RCS Turf Maint G/F 10107740-58200 252 Truck 1999 50,000 RCS Turf Maint G/F 10107740-58200 190 Truck 2003 50,000 RCS Landscape Maint G/F 10107720-58200 511 Truck 1995 60,000 PW Facilities Maint G/F 10106300-58200 110 Utility Vehicle 2006 28,000 RCS Park Maintenance (used as spare) G/F 10107600-58200 111 Utility Vehicle 2006 28,000 RCS Park Maint - Palms Park G/F 10107645-58200 112 Utility Vehicle 2006 28,000 RCS Park Maint - Monte Verde Park G/F 10107600-58200 218 Riding mower 2006 26,000 RCS Turf Maint G/F 10107740-58200 N/A Tool Box for Fleet N/A 4,600 Fleet G/F 50306900-58200 SUB-TOTAL FY 22/23 G/F 474,600
45 Sedan 2007 35,000 Parking Enforcement AQMD 30006900-58200 48 Sedan 2010 35,000 Parking Enforcement AQMD 30006900-58200 50 Sedan 2010 35,000 Parking Enforcement AQMD 30006900-58200 56 Sedan 2012 35,000 Parking Enforcement AQMD 30006900-58200 SUB-TOTAL FY 22/23 AQMD 140,000
21 DASH mini van 2014 75,000 DASH PROP A 30607200-58200 24 DASH mini van 2014 75,000 DASH PROP A 30607200-58200 25 DASH mini van 2014 75,000 DASH PROP A 30607200-58200 SUBTOTAL FY 22/23 PROP A 225,000
715 Truck 2003 170,000 Water Distribution Water Fund75008000-58200 TOTAL EQUIPMENT REPLACEMENT FY 22/23 1,009,600
Truck/Vehicle # Description
Year it was
purchased
Cost to replace
it Division to use it
Funding
Source
Budgeted in Expense
Account #
115 Truck 2002 75,000 RCS Turf Maint G/F 10107740-58200 107 Truck 2001 70,000 RCS Turf Maint G/F 10107740-58200 503 Truck 1999 60,000 PW Facilities Maint G/F 10106300-58200 590 Truck 1996 70,000 PW Facilities Maint G/F 10106300-58200 598 Truck 2000 60,000 PW Facilities Maint G/F 10106300-58200 599 Truck 2000 60,000 PW Facilities Maint G/F 10106300-58200 596 Truck 2000 60,000 PW Facilities Maint G/F 10106300-58200 219 Utility Vehicle 2014 28,000 RCS Park Maint - Del Valle Park G/F 10107630-58200 206 Riding Mower 2013 31,000 RCS Turf Maint G/F 10107740-58200 214 Riding Mower 2013 31,000 RCS Turf Maint G/F 10107740-58200 215 Riding Mower 2013 31,000 RCS Turf Maint G/F 10107740-58200 N/A Dethatching machineN/A 10,000 RCS Turf Maint G/F 10107740-58200 N/A scan tool software update N/A 1,000 Fleet G/F 50306900-58200 N/A A/C machine N/A 15,000 Fleet G/F 50306900-58200
TOTAL FY 23/24 G/F 602,000
26 DASH mini van 2014 75,000 DASH PROP A 30607200-58200 27 DASH mini van 2014 75,000 DASH PROP A 30607200-58200 28 DASH mini van 2014 75,000 DASH PROP A 30607200-58200 TOTAL FY 23/24 PROP A 225,000
N/A Bobcat N/A 80,000 Water Water 7508000-58200
TOTAL EQUIPMENT REPLACEMENT FY 23/24 907,000
FY 22/23
FY 23/24

RESOLUTION NO. 2022-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD APPOINTING MEMBERS OF THE VARIOUS

COMMISSIONS OF THE CITY OF LAKEWOOD
THE CITY COUNCILOFTHECITY OF LAKEWOOD DOES RESOLVE AS FOLLOWS:

SECTION 1. Resolution No. 2022-51 of theCityCouncil pertaining to the appointment of members to the various commissions is amended as provided in this Resolution.

SECTION 2. The following residents of the City of Lakewood are hereby appointed members of theCommunity SafetyCommission for a term oftwo yearsterminating with the second Council meeting following the next general municipal election:

SECTION 3. The following residents of the City of Lakewood are hereby appointed members ofthe Planning and Environment Commission for a term of two yearsterminating with the second Council meeting following the next general municipal election:

SECTION 4. The following residents of the City of Lakewood are hereby appointed members of the Recreation and Community Services Commission for a term of two years terminating with the second Council meeting following the next general municipal election:

SECTION 5. This Resolution shall be effective on the 27th day of September, 2022. No appointment herein shall be effective until said members take the Constitutional Oath of Office.

ADOPTED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2022.

Mayor
ATTEST:

City Clerk

2.1 COUNCIL AGENDA
September 27, 2022
TO: Honorable Mayor and City Council
SUBJECT: Approval of Lease of Water Rights to City of Cerritos

INTRODUCTION
The Central Groundwater Basin Judgment allows parties owning groundwater rights to lease excess annual extraction rights to other parties.

STATEMENT OF FACT
The City of Lakewood owns 9,432 acre-feet of Allowed Pumping Allocation (APA) of extraction rights in the Central Basin. The Central Basin Groundwater Judgment limits water purveyors to the extraction of adjudicated rights and currently up to 60 percent of the extraction rights that are not exercised can be carried over to the next fiscal year. Any additional excess amount must be leased to another agency or is lost.

The City of Lakewood holds water rights about equal to the historical normal production, however through many years of water conservation efforts we have an excess to current needs. Due to this excess, an agreement with the City of Cerritos to lease 500 AF in FY 21/22 and 750 AF in FY 22/23 from the City of Lakewood was approved by City Council on June 8, 2021.

As this previous agreement has now been satisfied and expired,staff has been diligently seeking a long-term lease agreement with Cerritos to help alleviate any future concerns over surplus water rights. This proposed agreement with the City of Cerritos allows for the lease of 700 AF in each of FY 23/24, FY 24/25, and FY 25/26 at a set price of $165.00 per AF for a total of $115,500.00 per FY.

This offer is contingent upon approval of the Central Basin Watermaster. At the September 20, 2022 meeting, the City Council Water Resources Committee discussed the lease to the City of Cerritos and recommended it for City Council approval.

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the lease of 700 acre-feet of Central Basin groundwater extraction rights to the City of Cerritos for each of FY 23/24, FY 24/25, and FY 25/26 for $115,500 per year;

2. Authorize its execution by the Director of Water Resources on behalf of the City.

Thaddeus McCormack
City Manager
Derek Nguyen, Ph.D., P.E.

Director of Water Resources

3.1 WATER RIGHT LICENSE AND AGREEMENT
For a valuable consideration, The City of Lakewood California (Licensor) hereby grants to the City of Cerritos,California (Licensee): a license to extract 700 acre-feet of Licensor's Judgment dated October 11, 1965 and entered in Los Angeles Superior Court Case No. 786,656 entitled "Central andWest Basin Water Replenishment District vs. Charles E. Adams, et al." during each of the following periods: July 1, 2023 to June 30, 2024, July 1, 2024 to June 30, 2025, and July 1, 2025 to June 30, 2026.

Said License is granted, subject to the following conditions:

1. Licensee shall exercise said right and extract the same on behalf of Licensor during the period above specified and put the same to beneficial use and Licensee shall not by the exercise hereunder of said right acquire any right to extract water independent of the rights of Licensor.

2. Licensee shall pay assessments levied on the pumping of said groundwater by the Water Replenishment District of Southern California (District).

3. Licensee shall notify the District and the Watermaster that said pumping was done pursuant to this license and provide the Watermaster with a copy of the document.

4. Licensee shall note, in any recording of water production for the period of agreement that said pumping was done pursuant to this license.

5. Licensee's Allowed Pumping Allocation shall not, without flex, be increased by the amount hereby leased when computing carryover or allowable over-extraction as provided by Part III, Subpart A and B in said Judgment.

City of Lakewood, California warrants that it has 700 acre-feet of Allowed Pumping Allocation for each period and that it has not pumped and will not pump or permit or license any other person to pump any part of said 700 acre-feet during each of the periods of July 1, 2023 to June 30, 2024, July 1, 2024 to June 30, 2025, and July 1, 2025 to June 30, 2026.

This lease may be signed by the parties by facsimile, electronic or digital signature, and such signature shall be deemed valid and binding on the party signing this lease in that manner.

Dated: September 27, 2022
Licensor: CITY OF LAKEWOOD Licensee: CITY OF CERRITOS
Signed by: Signed by:

Derek Nguyen, Ph.D., P.E.

Director of Water Resources
Jose Arroyo
Water Superintendent

COUNCIL AGENDA
September 27, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Architectural Services Authorization -Dahlin Group-Weingart Improvements

INTRODUCTION
The City of Lakewood established a consulting Architectural Services on-call agreement with the Dahlin Group in December 2018. The City has CDBG funds for necessary improvements at Weingart Sr. Center, and Dahlin has provided a proposal under their on-call agreement for the services to accomplish the architectural services needed for the project. On June 8, 2021, City Council authorized Dahlin to proceed with the initial programming and concept design, site planning, as well as the engineer’s estimate for the concept design, and the City Manager has authorized $19,600 for the schematic design. Dahlin has now provided a proposal to provide final plans,specifications, engineer’s estimate, and schedule suitable for bidding as a public works contract.

STATEMENT OF FACT
The Weingart Sr. Center Improvement Project is estimated to cost between $2.5 and $3.5 M, depending on construction escalation at the time of the bid. Currently, the City has accumulated $1,398,447 in CDBG and CARES Act funding for the interior renovation of the Weingart Sr. Center including a new HVAC system, ADA improvements and upgraded finishes, as well as exterior ADA parking and path-of-travel improvements. TheCity has been accumulating these fundssince 2019-20 to complete the project, however, CDBG funding is governed by stringent guidelines and in order to comply with the complicated allowable timelines and carryover formulas, the City must spend $180,929 by May 2023 and an additional $549,214 on HVAC by October 2023. The City is actively seeking other grant funding to supplement the available funding.

In ordertobalance the total project budget and the required drawdownofCDBG funding,staffintends to design the project in totality, however, if additional funding is not made available by the stated deadlines, staff will award the project in phases based on the available funding, with the first priority being HVAC which must be completed by October.

Dahlin has provided a proposal forthe total project design that includesthe design development phase consisting of architectural site plan, accessibility and code analysis, air distribution modification for the reconfiguration of the spaces, floor plans and building plans, furniture fixtures and equipment (FFE) layouts, reflected ceiling plans, building and wall sections, specifications, and opinions of probable cost.In addition,this proposal includes design development forinteriors,including proposed finishes, colorschemes, light fixtures, equipment, final space plansfor furniture layout, floor finishes and wall finishes. Also included in the scope of work is the production of construction documents suitable for public bid, and adjustment of the construction documents as necessary due to government

3.2 Architectural Services Authorization -Dahlin Group-Weingart Improvements September 27, 2022

Page 2 of 2 ends

plan review, as well as bidding assistance and up to 300 hours of construction administration. The HVAC replacement for this project had previously been contracted separately with our on-call mechanical engineer Pocock Design Solutions. When completed, Dahlin will utilize Pocock’s plans to design the remainder of the HVAC air distribution system and coordinate the work.

Dahlin Group is ready to begin work immediately upon authorization of the agreement. Their fee for this scope of work will not exceed $297,200. There are adequate funds in the project budget for this scope of work.

RECOMMENDATION
Staff recommends that the City Council:

Authorize work for the Weingart Sr. Center improvements per the Dahlin Group proposal dated September 19, 2022, in an amount not-to-exceed $297,200, and authorize the Mayor to sign the proposal.
(1 )
Thaddeus McCormack
City Manager
Kelli Pickier
Director of Public Works

EXHIBIT A TO MASTER AGREEMENT
Dahlin Group, Inc. (“DAHLIN”) will provide design services to CITY OF LAKEWOOD (“OWNER”), for the WEINGART SENIOR CENTER IMPROVEMENTS (“PROJECT”) in LAKEWOOD, California (“CITY”) based on the following Project Description, Scope of Services, and Compensation noted herein, including the terms and conditions set forth in the OWNER’s Master Agreement dated December 11, 2018.

I. PROJECT DESCRIPTION
A. Location and Site Description:
5220 Olivia Ave
Lakewood, CA 90712
Approximately 14,000 SF building on an approximately 1.4 acre site including a parking lot.

B. General Project Description: Renovation of portions of the existing Weingart Senior Center per approved Conceptual Design Package (EXHIBIT C) and Conceptual Cost Estimate (EXHIBIT D), which will be the Basis of Design for this Project.

1. All items listed in EXHIBIT D as “Excluded” are excluded in this scope of work

2. Other than the corrections noted in the Basis of Design (Exhibit C and D), no additional work outside of the building is anticipated.

3. No work is anticipated for the building shell – exterior walls, roofs, and fenestration.

C. Existing Conditions: Design for demolition, repair and replacement work on existing site, building, and utility systems will be limited to the extent necessary to accommodate the construction of PROJECT per scope noted in Basis of Design. Design for upgrade or corrective work for deficiencies in the existing conditions, not defined in PROJECT scope, are not included but may be provided upon written request as Additional Services. DAHLIN assumes the following existing conditions:

1. Utility Conditions:
a. Existing power to the building, panels and switchboard are adequate and will not require upgrade or replacement.
b. Existing gas service to the building is adequate and will not require upgrade or replacement. c. Underground Utility systems are in adequate condition and do not need to be modified or replaced.

2. Building Conditions:
a. Existing structural system is in adequate condition and does not need to be modified.

PROJECT NAME: WEINGART SENIOR CENTER

IMPROVEMENTS
AGREEMENT DATE: SEPTEMBER 19, 2022
DAHLIN PROJECT ID: 1533-003
ARCHITECT: DAHLIN GROUP, INC. OWNER: CITY OF LAKEWOOD
OFFICE ADDRESS:

BILLING ADDRESS:
505 Technology Drive, Suite 200
Irvine, California 92618 USA
5865 Owens Drive
Pleasanton, CA 94588
ADDRESS: 505 N. Clark Avenue
Lakewood, CA 90712
REPRESENTATIVE: Daniel Berghauser
Project Manager
Stephanie Fujimura
Principal
REPRESENTATIVE: Kelli Pickler
Director of Public Works
Samantha Chambers
Project Manager
PHONE: 949-250-4680 PHONE: 562-866-9771
EMAIL: [email protected]
[email protected]
[email protected]
EMAIL: [email protected]
[email protected]
DAHLIN
5865 Owens Drive
Pleasanton, California 94588 USA
+1-925-251-7200
+1-925-251-7201 fax
WWW.DAHLINGROUP.COM
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 2 of 9
D. Project Consultants: Structural Engineering, Mechanical, Plumbing and Electrical Engineering, Civil Engineering and Survey, Hazardous Materials Assessment and Cost Estimating services are included in the Scope of this Agreement. See Exhibit B Design Responsibility Matrix.

E. Statement of Probable Cost: Cost estimating services are included with the following milestones, as provided by DAHLIN’s Cost Estimating Consultant.
• 100% Design Development – update the Probable Cost Model. • 50% and 90% Construction Documents – update the Probable Cost Model F. Project Schedule: Estimated Schedule attached as Exhibit F.

G. Design and Construction Approaches: Design-Bid-Build H. Code Cycle: The Design and Construction Documents shall be based upon applicable sections of the current (as of the date of this Fully Executed Agreement) code and local regulations.

I. Green Building Requirements: It is not anticipated that PROJECT will be submitted to any outside certification / awarding parties for independent review, such as LEED, WELL, NZE, or Green Globes.

II. SCOPE OF SERVICES
A. PHASE 10.00 - PROGRAMMING AND CONCEPT DESIGN – Contracted under separate agreement dated 6/1/2021
B. PHASE 20.0 - SITE PLANNING – Contracted under separate agreement dated 6/1/2022 C. PHASE 30.0 - SCHEMATIC DESIGN – Contracted under separate agreement dated 6/1/2022 D. PHASE 30.0.1 - SCHEMATIC DESIGN – Contracted under separate agreement dated 9/19/2022 E. PHASE 30.1 - DESIGN REVIEW SUBMITTAL DOCUMENTS – Not included in this Scope of Work F. PHASE 30.3 - DESIGN REVIEW REVISIONS – Not included in this Scope of Work G. PHASE 40.0 - DESIGN DEVELOPMENT

1. With OWNER’s written approval of the Schematic Design documents, and receipt of Soils Report from OWNER, DAHLIN will produce Design Development documents that refine the building plans, roof plans, sections and exterior elevations so that background digital files can be transmitted to OWNER’s consultants for use in preparing their work. In addition to the refinement of the documents prepared during Schematic Design, DAHLIN will produce the following Design Development documents:
a. Architectural Site Plan;
b. Accessibility, Notes/Details Sheets;
c. Code analysis - Exiting and occupancy plans;
d. Floor plans and building plans;
e. Enlarged floor plans as required;
f. Furniture, fixtures and equipment (FFE) layouts;
g. Reflected Ceiling Plan(s);
h. Building section(s) as needed;
i. Wall sections as needed;
j. Interior elevations for major building elements;
k. Typical details and schedules;
l. Outline specifications;
m. DAHLIN’s Consultant Documentation according to Exhibit B.

DAHLIN GROUP ARCHITECTURE | PLANNING
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 3 of 9

2. DAHLIN will incorporate applicable OWNER’s Standard Features / Specifications List that identifies major materials, systems, and appliances, which establish, in general, their quality levels, as well as Construction Standards. These items will be used for the basis of design and detailing. Changes to the OWNER’s Standard Features / Specifications List that result in revisions to the drawings may result in Additional Services.

3. Coordination with OWNER’s consultants during Design Development is included in this scope of services. Minor revisions and adjustments that refine and improve PROJECT design are also included. Substantial revisions to the design initiated by OWNER or OWNER’s consultants may require Additional Services

4. DAHLIN’s consultants will provide documentation of the following:
a. Structural – none at this phase.
b. Mechanical / Plumbing – a written description of the proposed mechanical system, including a comparison of one alternate system, comparing the initial cost and the operation and maintenance costs of the proposed system to the initial cost and the operation and maintenance costs of the alternate system. Identify proposed utility connection points, and proposed locations of major equipment as required.
c. Electrical – Determine the type of electrical distribution system, including impact on existing panels, service and transformers, the proposed telecommunications systems, and space requirements for equipment. Identify proposed utility service connection points. d. Interior Design - Drawings or details necessary to describe interior finish concepts or components, space visualization / imagery photos, critical clearances and preliminary locations of casework and furnishing elements.

5. DAHLIN’s fee is based on an assumption of minor modifications to the Basis of Design. Substantial revisions may require Additional Services.

6. DAHLIN will provide a 3D model of the proposed PROJECT, including colors and materials to indicate design intent.

7. DAHLIN will attend the following meetings as part of this Phase:
a. Up to one (1) meetings with Agencies;
b. Up to one (1) Stakeholder Meeting;
c. Up to one (1) City Council Presentation;
d. Weekly virtual Owner-Architect Meetings.

8. DAHLIN will provide submittal sets at the following intervals to the CITY, along with Estimates of Probable Cost:
100% Design Development

9. Probable Cost Model Value Engineering:
a. DAHLIN will provide minor modifications to the Design Development Documents based on the updated Probable Cost Model (value engineering). Substantial revisions may require Additional Services.

DAHLIN GROUP ARCHITECTURE | PLANNING
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 4 of 9
H. PHASE 40.0. ID - DESIGN DEVELOPMENT – INTERIOR DESIGN

1. With OWNER’s written approval of the Schematic Design, DAHLIN Interiors will produce Design Development digital vision boards and documentation, including:
a. Digital Presentation of:
i. Proposed Finishes;
ii. Color Schemes;
iii. Specialty Light Fixtures;
iv. Equipment;
v. Updated Sketchup of the following:
• Entry / Lounge / Atrium
• Social Services Offices;
• Billiard Room;
• Card Room;
• Multi-Use Room;
• Assembly Room.
b. Design Development Plan Deliverables of:
i. Final Space Plan with furniture and casework layout; ii. Floor Finish Plan;
iii. Wall Finish Plan;
iv. Reflected Ceiling Plan to include Specialty Lighting.

2. DAHLIN Interiors will prepare one (1) round of revisions is included in this Scope of Work. DAHLIN’s fee is based on an assumption of minor modifications to the Basis of Design. Substantial revisions will require Additional Services.

3. As part of this phase, DAHLIN Interiors will attend Meetings and Presentations as follows:
a. Up to (1) in person and (1) virtual meeting with OWNER and/or consultants.

I. PHASE 50.0 - CONSTRUCTION DOCUMENTS

1. With OWNER’s written approval of the Design Development documents and the current probable cost models reviewed and approved with the OWNER, DAHLIN will prepare Construction Documents that will set forth the requirements for construction of the PROJECT.

2. Construction Documents will be produced solely for use by a knowledgeable and experienced General Contractor. Any or part of all systems, materials, connections, and details not specifically provided in these plans are the sole and complete responsibility of the General Contractor to properly verify and install.

3. DAHLIN will provide submittal sets at the following intervals to the CITY, along with Estimates of Probable Cost:
a. 50% CD
b. 90% CD

DAHLIN GROUP ARCHITECTURE | PLANNING
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 5 of 9

4. Construction Documents will reflect information required for general construction and building permit purposes. These documents will include:
a. Title Sheet and CITY/Agency-required Project Data;
b. Generic Code-required signage details and specifications; c. Cal Green Compliance Forms;
d. Accessibility, Notes/Details Sheets;
e. Code Analysis, Building Occupancy and Exiting Plans and Details; f. Architectural Site Plan;
g. Building Slab Plan(s);
h. Building Floor Plan(s);
i. Enlarged Area Plan(s);
j. Interior Finish Plan(s);
k. Building Reflected Ceiling Plan(s);
l. Building Roof Plan(s);
m. Architectural Building Sections and wall details (as required to describe space / construction); n. Door and Window Schedules (as required to describe construction); o. Interior Elevations of major building elements;
p. Architectural Details;
q. Consultant documentation according to Exhibit B.

5. At the completion of Construction Documents phase, DAHLIN will provide a Project Manual that includes the Conditions of the Contract for Construction and Specifications in a “Master Spec” format to support the design documents. Specifications for products may also be called out by notes on the plans and will be considered “or equal” to establish the general product standards for quality, finish and design intent. DAHLIN will work with OWNER to coordinate their construction / finish standards and general project specifications with OWNER’s required materials to be used on PROJECT. For the architectural components of PROJECT, DAHLIN will coordinate with OWNER’s consultants to include their appropriate sections into the Project Manual.

6. DAHLIN will attend the following meetings as part of this Phase:
a. Up to one (1) meeting with Agencies;
b. Up to one (1) Stakeholder Meeting;
c. Up to one (1) City Council Presentation;
d. Weekly virtual Owner-Architect Meetings.

J. PHASE 50.0.ID - CONSTRUCTION DOCUMENTS – INTERIOR DESIGN

1. Upon OWNER’s written approval of Design Development deliverables, DAHLIN Interiors will prepare documentation to convey design intent in dimensioned-scaled drawings for bidding and/or fabrication by OWNER or OWNER’s Contractor. Detailed shop drawings will be provided by OWNER or OWNER’s Contractor.

2. Construction Documents will include:
a. Interior Finish and Fixture Schedule;
b. Final Space plan with furniture and casework layout; c. Floor Finish plan;
d. Wall Finish plan;
e. Interior Elevations as necessary to show design features for the above mentioned areas in the General Project description;
f. Applicable Interior Sections and Details, based on elevations above; g. Reflected Ceiling Plan (Lighting Layout to be coordinated with Electrical Engineer).

3. DAHLIN Interiors will incorporate one (1) round of OWNER-approved value engineering decisions.

DAHLIN’s fee is based on an assumption of minor modifications to the Basis of Design. Substantial revisions will require Additional Services.

4. OWNER to sign off 100% Interior Design Construction Documents prior to final issuance.

DAHLIN GROUP ARCHITECTURE | PLANNING
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 6 of 9
K. PHASE 65.1.ID - FURNITURE SPECIFICATIONS – INTERIOR DESIGN

1. Based on the OWNER-approved furniture budget, direction, and space plan, DAHLIN Interiors will provide furniture specifications including:
a. Furniture specifications and layout;
b. Fabric specifications;
c. Finalized Space Plan;
d. Art and Accessories;
e. Estimate of Probable Cost and Estimated Schedule of manufacturing.

2. Procurement purchasing and installation services are not included in this Agreement and can be provided under a separate Purchasing Agreement.

L. PHASE 50.2 - GOVERNMENT AND AGENCY PLAN REVIEW

1. After completion of Construction Documents, DAHLIN will provide copies of Construction Documents to OWNER for submittal to CITY’s Building Department for building permit. CITY may elect to send these documents to subcontractors for Plan Check review. OWNER is responsible for the preparation and submission of applications to any building department, agency, or governing body having jurisdiction over PROJECT, including the paying of any and all fees associated with required applications.

2. DAHLIN will revise the documents as required by CITY and/or its Plan Check subcontractor for Plan Review comments returned to DAHLIN.

3. DAHLIN’s fee is based on the assumption of a customary number of modifications to the Construction Documents resulting from Government and Agency Plan Review. Substantial revisions, generated by multiple, unanticipated rounds of review, may require Additional Services.

4. OWNER is responsible for ensuring that any Plan Check comments are reviewed and revised by OWNER’s consultants.

M. PHASE 60.0 – BIDDING

1. Bidding Assistance services will be provided by DAHLIN as requested by OWNER.

2. If required, advertising for and solicitation of construction bidders shall be provided by OWNER and is not included in DAHLIN’s Scope of Services.

3. DAHLIN will coordinate the reproduction of Construction Documents for distribution to CITY, construction bidders and others, as may be required for PROJECT.

4. During the Bidding phase, DAHLIN[will participate in a pre-bid conference and the bid-opening if requested, and will provide consultation as requested by OWNER for architectural opinions on the bids, methods, and cost of construction. DAHLIN will also answer bidding questions, review substitution requests and issue addenda, and prepare additions and revisions to Construction Documents as clarifications for bid purposes as Additional Services.

5. OWNER and General Contractor will review and select subcontractor's bids, materials, finishes, fixtures, and items for PROJECT and is responsible for all issues of quality control and installation.

6. DAHLIN will attend the following meetings as part of this Phase:
a. Up to One (1) Pre-Bid Conference (Bid Walk).

DAHLIN GROUP ARCHITECTURE | PLANNING
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 7 of 9
N. PHASE 70.0 - CONSTRUCTION ADMINISTRATION

1. Prior to start of Construction, DAHLIN, OWNER, and General Contractor will have a pre-construction meeting to establish expectations for performance of Construction Administration and the scope of services described below. If the scope of services described below for Construction Administration are adjusted during or after this meeting, Additional Services may be required.

2. As the PROJECT proceeds into Construction, DAHLIN will provide Construction Administration services, limited to three hundred (300) hours of professional services. The scope and fee herein are based on an estimated 8 month construction period. Services required beyond that period and/or beyond the estimated hours are Additional Services. Scope may include:
a. Interpretation of the documents and responding to Requests for Information (RFI’s); b. Reviewing and processing submittals limited to;
i. Review of initial submittal and one (1) re-submittal per product or material classification. ii. Additional review of submittals are Additional Service. c. Issuing ASI’s and processing Change Orders as required; d. Construction Project meetings and site visits limited to:
i. Up to sixteen (16) onsite meetings including (2) hours of travel per meeting; ii. Up to one (1) onsite meeting and one (1) punch list site visits by DAHLIN’s Consultants, per discipline.
e. PROJECT Completion:
i. DAHLIN will provide up to two (2) onsite visits for punch. Backpunch (2nd+ rounds) are not included;
• One (1) site visit (each) to determine date of Substantial Completion and Final Completion.
ii. As-Designed Drawings: Compilation of DAHLIN’s designs for PROJECT including the original Construction Documents plus all addenda, Architect’s Supplemental Instructions, Change Orders, Construction Change Directives and minor changes in the work as appropriate to reflect the design changes.

O. CONSULTANT SERVICES

1. Per attached Exhibit B – Design Responsibility Matrix.

2. The Mechanical and Plumbing Engineer previously provided CITY with a proposal to replace the HVAC for this Building. The scope of work provided in the proposal to the CITY was to remove and replace all HVAC Units per recommendation in the City of Lakewood HVAC Evaluations dated September 30, 2019. This scope is NOT included as part of this Agreement.

DAHLIN GROUP ARCHITECTURE | PLANNING
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 8 of 9
III. COMPENSATION
A. FEE SUMMARY

SCOPE OF SERVICES FIXED FEE

II.G&H. DESIGN DEVELOPMENT $91,800
II.I&J. CONSTRUCTION DOCUMENTS $141,700
II.K. FURNITURE SPECIFICATIONS Included above
II.L. GOVERNMENT AND AGENCY PLAN REVIEW Included above
II.M. BIDDING $6,000
II.N. CONSTRUCTION ADMINISTRATION $57,700

TOTAL FEES: $297,200
VI. PH 99.0 – REIMBURSABLE EXPENSE ESTIMATE: $10,000
B. BILLING AND PAYMENT

1. Compensation may be subject to renegotiation if:
a. Agreement is not signed by both parties (fully executed) within six (6) weeks of the date of this Agreement; or
b. Work is stopped for more than sixty (60) days.

2. Invoices shall be based on the percentage of completion of the contract and shall be issued monthly via email to the Project Representative indicated in this Agreement. Invoices are due upon presentation. Wire transfer or ACH information (including changes) must be verified through phone confirmation with DAHLIN’s CFO, Tim Williams at 925-251-7212, any deviation from this is at OWNER’s sole risk. OWNER shall review invoices and contact DAHLIN within seven (7) days if there are any questions or problems that would delay payment. Invoices become delinquent if not paid within 30 days of invoice date. Services may be suspended if not paid within 45 days, and DAHLIN shall not be liable to OWNER for delay or damage resulting to OWNER due to such suspension of services. Past due invoices are subject to a late charge of 1.5 percent per month.

C. 2022 BASIC HOURLY RATE SCHEDULE
President, Vice President, Founder $300
Principal, Director, Senior Principal, Senior Director $210 - $270 Senior - Architect, Designer, Project Manager, Planner, Interior Designer, Project Specialist $190 - $200 Architect, Designer, Project Manager, Planner, Multimedia Designer, Project Specialist $160 - $180 Job Captain, Interior Designer, Planner $135 - $160
Designer/Drafter $100 - $125
Administration $ 85 - $125
Rates effective through December 31, 2022 and may be adjusted annually

DAHLIN GROUP ARCHITECTURE | PLANNING
Exhibit A of OWNER Agreement SEPTEMBER 19, 2022
CITY OF LAKEWOOD – WEINGART SENIOR CENTER Page 9 of 9
Approved this date: ___________________________________ (Filled in by OWNER)
CITY OF LAKEWOOD DAHLIN GROUP, INC.
________________________________
Stephanie Fujimura
________________________________
MAYOR
CITY OF LAKEWOOD Principal
License #C36523, Exp. 03/31/23

END OF EXHIBIT A

DAHLIN GROUP ARCHITECTURE | PLANNING
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CUMMING | Aliso Viejo www.ccorpusa.com
130 VANTIS, SUITE 110 • ALISO VIEJO • CALIFORNIA • 92656 PHONE: 949-900-0440 • FAX: 949-900-0450 Prepared for Dahlin
Weingart Senior Center
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 August 30, 2021
21-0000

EXHIBIT D

C U M M I N G
Building Value Through Expertise
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Page

1. Project Introduction
Credits 3
Executive Summary 4

2. Cost Summaries
Summary 5
Summary Matrix 6

3. Control Areas
Controls 7

4. Construction Cost Back Up
Senior Center 8

5. Appendix
Qualifications 18

TABLE OF CONTENTS
WƌĞƉĂƌĞĚďǇC U M M I N G WĂŐĞϮŽĨϮϬ
Weingart Senior Center
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 Aliso Viejo, CA Aliso Viejo, CA
ĂĐĂŵƉďĞůůΛĐĐŽƌƉƵƐĂ͘ĐŽŵ ŵĂŶƚŽŶǇΛĐĐŽƌƉƵƐĂ͘ĐŽŵ
The Cumming staff of professional cost consultants has prepared this estimate in accordance with generally accepted principles and practices. This staff is available to discuss its contents with any interested party.

Cumming Construction Management, Inc.

Alan Campbell, MRICS Mario Antony
Managing Director Associate Director
This document reflects fair market value construction costs obtainable in a competitive bidding market. Cumming assumes a minimum of three (3) competitive bids from qualified general contractors, with bids from a minimum of five (5) subcontractors per trade. This statement is a determination of fair market value for the construction of the project and is not intended to be a prediction of low bid. Please note that experience indicates a fewer number of bidders may result in a higher bid amount, thus more bidders may result in a lower bid result.
08/30/21

CREDITS
The information contained within this documents is confidential and should not be distributed or copied for any reason without the consent of either Cumming Construction Management, Inc. or the intended client.

Cumming has no control over the cost of labor and materials, the general contractor’s or any subcontractor’s method of determining prices, or competitive bidding and market conditions.

This opinion of the probable cost of construction is made on the basis of the experience, qualifications, and best judgment of a professional consultant familiar with the construction industry. However, Cumming cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from this or subsequent cost estimates.

WƌĞƉĂƌĞĚǇƵŵŵŝŶŐ WĂŐĞϯ

CUMMING
Bulldinq Value Throuqh Txperme
Global Reach
<§ If s 1V
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21

1.1 Introduction

1.2 Cost Estimation Breakdown
Breakout 1 Breakout 2 Breakout 3
13,300 $87 $1,152,138
13,300 $87 $1,152,138
B1 - GCs 20.00% $230,428
B3 - Bonds & Insurance 2.30% $31,799
B4 - GC Fee 5.50% $77,790
B5 - Design Contingency 15.00% $223,823
B6 - Escalation 3.86% $66,203
13,300 $47 $630,043
13,300 $134 $1,782,181

1.3 Project Schedule
Start Finish Duration
Jun-22 Oct-22 5 months

1.4 Key Assumptions & Exclusions

EXECUTIVE SUMMARY
This estimate has been prepared, pursuant to an agreement between Dahlin and Cumming, for the purpose of establishing construction at the conceptual design rough order of magnitude revised 02/07/2022 stage.

Subtotal Direct Costs
The project scope encompasses tenant improvements and exterior ADA upgrades at Weingart Senior Center B. Indirect Costs
The total estimated construction cost within our cost report is summarized below:

Description
A. Direct Costs
A1 - Improvements
Construction
This document should be read in association with Appendices 1 - 4 which outline assumptions, project understanding, appro management methodology. Key assumptions built into the above cost breakdown include Total Construction Costs
Subtotal Indirect Costs
- Existing Building Demolition Included - AV Equipment
Key Assumptions Key Exclusions
- Design Bid Build - Project Soft Costs
- Design Assist MEP Trades - Department Relocation
- Single Phase Construction - Seismic Upgrades
WƌĞƉĂƌĞĚďǇC U M M I N G WĂŐĞϰŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Area Cost / SF Total
Senior Center 13,300 SF $134.00 $1,782,181
Total Estimated Construction Cost 13,300 SF $134.00 $1,782,181

SUMMARY
WƌĞƉĂƌĞĚďǇC U M M I N G WĂŐĞϱŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Total Cost/SF Total Cost/SF
01 General Requirements
02 Existing Conditions $93,722 $7.05 $93,722 $7.05
03 Concrete $11,604 $0.87 $11,604 $0.87
04 Masonry
05 Metals
06 Wood, Plastics, And Composites
07 Thermal And Moisture Protection $33,250 $2.50 $33,250 $2.50 08 Openings $15,698 $1.18 $15,698 $1.18
09 Finishes $287,369 $21.61 $287,369 $21.61
10 Specialties $53,894 $4.05 $53,894 $4.05
11 Equipment
12 Furnishings $9,373 $0.70 $9,373 $0.70
13 Special Construction
14 Conveying Systems
21 Fire Suppression
22 Plumbing $20,590 $1.55 $20,590 $1.55
23 HVAC $304,945 $22.93 $304,945 $22.93
25 Integrated Automation
26 Electrical $254,045 $19.10 $254,045 $19.10
27 Communications $10,500 $0.79 $10,500 $0.79
28 Electrical Safety And Security
31 Earthwork
32 Exterior Improvements $57,149 $4.30 $57,149 $4.30
Subtotal Cost $1,152,138 $86.63 $1,152,138 $87
General Conditions/Requirements 20.0% $230,428 $17.33 $230,428 $17.33 Bonds & Insurance 2.3% $31,799 $2.39 $31,799 $2.39
Contractor's Fee 5.5% $77,790 $5.85 $77,790 $5.85
Design Contingency 15.0% $223,823 $16.83 $223,823 $16.83 Escalation to MOC, 08/15/22 3.9% $66,203 $4.98 $66,203 $4.98 Total Estimated Construction Cost $1,782,181 $134.00 $1,782,181 $134.00 Senior Center

SUMMARY MATRIX
13,300 SF
Overall Totals
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϲŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Schedule of Areas Senior Center SF

1. Enclosed Areas (x 100%)
Level 1 13,300 13,300
Total Enclosed 13,300 13,300
Total Gross Floor Area 13,300 13,300

SCHEDULE OF AREAS AND CONTROL QUANTITIES
WƌĞƉĂƌĞĚďǇC U M M I N G WĂŐĞϳŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Senior Center
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϴŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Total Cost / SF
01 General Requirements
02 Existing Conditions $93,722 $7.05
03 Concrete $11,604 $0.87
04 Masonry
05 Metals
06 Wood, Plastics, And Composites
07 Thermal And Moisture Protection $33,250 $2.50
08 Openings $15,698 $1.18
09 Finishes $287,369 $21.61
10 Specialties $53,894 $4.05
11 Equipment
12 Furnishings $9,373 $0.70
13 Special Construction
14 Conveying Systems
21 Fire Suppression
22 Plumbing $20,590 $1.55
23 HVAC $304,945 $22.93
25 Integrated Automation
26 Electrical $254,045 $19.10
27 Communications $10,500 $0.79
28 Electrical Safety And Security
31 Earthwork
32 Exterior Improvements $57,149 $4.30
33 Utilities
Subtotal $1,152,138 $86.63
General Conditions/Requirements 20.00% $230,428 $17.33
Subtotal $1,382,566 $103.95
Bonds & Insurance 2.30% $31,799 $2.39
Subtotal $1,414,365 $106.34
Contractor's Fee 5.50% $77,790 $5.85
Subtotal $1,492,155 $112.19
Design Contingency 15.00% $223,823 $16.83
Subtotal $1,715,978 $129.02
Escalation to MOC, 08/15/22 3.86% $66,203 $4.98
TOTAL ESTIMATED CONSTRUCTION COST $1,782,181 $134.00

SUMMARY - SENIOR CENTER
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϵŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
02 Existing Conditions
Demolition
Lobby
Ceramic floor tile and base 140 sf $5.33 $746
Light fixtures 140 sf $1.20 $168
Entry lounge
Flooring and base 456 sf $1.70 $775
Ceiling tiles and trusses 456 sf $7.44 $3,393
Door, frame and hardware, double 1 pr $297.05 $297
Electrical
Light fixtures 456 sf $1.20 $547
Corridor at restrooms
Flooring and base 310 sf $1.70 $527
Existing restrooms
Counter tops 15 lf $28.40 $426
Toilet accessories 4 ea $475.00 $1,900
Plumbing
Remove fixtures, cap lines 4 ea $298.00 $1,192
New social services
Flooring and base 533 sf $1.70 $906
Ceilings 533 sf $3.44 $1,834
Partitions 460 sf $2.92 $1,343
Door, frame and hardware, single 4 ea $200.98 $804
Electrical
Light fixtures 533 sf $1.20 $640
Atrium
Planter 140 sf $8.50 $1,190
Flooring and base 630 sf $1.70 $1,071
Ceiling tiles and trusses 770 sf $7.44 $5,729
Door, frame and hardware, single 3 ea $200.98 $603
Billiard room
Flooring and base 761 sf $1.70 $1,294
Ceiling tiles and trusses 761 sf $7.44 $5,662
Electrical
Floor outlets 761 sf $1.00 $761
Light fixtures 761 sf $1.20 $913
Card room
Flooring and base 621 sf $1.70 $1,056
Ceilings 621 sf $3.44 $2,136
Demo wall treatment 330 sf $2.00 $660
Electrical
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϬŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
Light fixtures 621 sf $1.20 $745
Lobby at card room
Flooring and base 804 sf $1.70 $1,367
Assembly rooms
Flooring and base 2,745 sf $1.70 $4,667
Ceilings 2,745 sf $3.44 $9,443
Electrical
Light fixtures 2,745 sf $1.20 $3,294
Craft room
Flooring and base 632 sf $1.70 $1,074
Ceilings 632 sf $3.44 $2,174
Fitness restrooms
Slab-on-grade (50% at restrooms) 150 sf $8.26 $1,239
Ceramic floor tile and base 300 sf $5.33 $1,599
Partitions 256 sf $2.92 $748
Door, frame and hardware, single 2 ea $200.98 $402
Toilet partitions 2 ea $205.55 $411
Showers and accessories 2 ea $170.00 $340
Lockers 1 ls $1,500.00 $1,500
Plumbing
Remove fixtures, cap lines 6 ea $298.00 $1,788
Electrical
Light fixtures 300 sf $1.20 $360
Miscellaneous
Miscellaneous demolition 1 ls $16,000.00 $16,000
Protect existing structure, finishes 1 ls $10,000.00 $10,000 Hazardous material abatement Excluded
Total - Existing Conditions $93,722
03 Concrete
Miscellaneous
Re-construct slab-on-grade at Atrium 150 sf $38.68 $5,802 Reconstruct slab on grade at restrooms (50%) 150 sf $38.68 $5,802 Total - Concrete $11,604
07 Thermal And Moisture Protection
Miscellaneous
Caulking and sealants 13,300 sf $2.50 $33,250
Total - Thermal And Moisture Protection $33,250
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϭŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
08 Openings
Interior doors
Hollow metal door, frame and hardware
Lobby
Single 1 ea $1,633.38 $1,633
New social services
Single 3 ea $1,633.38 $4,900
Atrium
Double 1 pr $3,617.37 $3,617
Assembly rooms
Paint doors 186 sf $10.00 $1,860
Craft room
Paint doors 42 sf $10.00 $420
Fitness restroom
Single 2 ea $1,633.38 $3,267
Total - Openings $15,698
09 Finishes
Lobby
Walk-off carpet 70 sf $6.12 $428
E/o walk-off carpet for LOGO, allowance 1 ls $1,500.00 $1,500 LVT 70 sf $6.85 $480
Base 25 lf $3.66 $92
Clean and restain wood ceiling 140 sf $6.50 $910
Entry lounge
LVT 456 sf $6.85 $3,124
Base 40 lf $3.66 $146
Wall feature 60 sf $20.00 $1,200
Fur out walls 285 sf $11.20 $3,192
Patch, repair paint walls 225 sf $3.50 $788
Acoustic tile ceilings 456 sf $6.24 $2,845
Corridor at restroom
LVT 310 sf $6.85 $2,124
Base 110 lf $3.66 $403
Patch, repair paint walls 1,320 sf $3.50 $4,620
New social services
LVT 533 sf $6.85 $3,651
Base 149 lf $3.66 $545
Metal stud framing, 6" 502 sf $10.44 $5,241
Gypsum board, taped and finished 1,524 sf $3.80 $5,791
Batt insulation, interior partitions 502 sf $1.30 $653
Patch, repair paint walls 960 sf $3.50 $3,360
Paint new walls 1,004 sf $3.00 $3,012
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϮŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
Acoustic tile ceilings 533 sf $6.24 $3,326
Atrium
LVT 770 sf $6.85 $5,275
Base 54 lf $3.66 $198
Metal stud framing, 6" 330 sf $10.44 $3,445
Gypsum board, taped and finished 660 sf $3.80 $2,508
Batt insulation, interior partitions 330 sf $1.30 $429
Wall feature, allowance 75 sf $20.00 $1,508
Patch, repair paint walls 270 sf $3.50 $945
Paint new walls 585 sf $3.00 $1,754
Paint soffits 108 sf $3.50 $378
Clean skylights 1 ls $250.00 $250
Billiards room
LVT 761 sf $6.85 $5,213
Base 113 lf $3.66 $414
Metal stud framing, 6" 259 sf $10.44 $2,704
Gypsum board, taped and finished 1,036 sf $3.80 $3,937
Batt insulation, interior partitions 259 sf $1.30 $337
Patch, repair paint walls 400 sf $3.50 $1,400
Paint new walls 259 sf $3.00 $777
Accoustical wall treatment. Allowance 259 sf $15.00 $3,885 Soffits 678 sf $22.00 $14,916
Acoustic tile ceilings 422 sf $6.24 $2,633
Card room
LVT 621 sf $6.85 $4,254
Base 100 lf $3.66 $366
Patch, repair paint walls 460 sf $3.50 $1,610
Accoustical wall treatment. Allowance 330 sf $15.00 $4,950 Acoustic tile ceilings 621 sf $6.24 $3,875
Lobby at card room
LVT 804 sf $6.85 $5,507
Base 167 lf $3.66 $611
Patch, repair paint walls 1,140 sf $3.50 $3,990
Acoustic tile ceilings 804 sf $6.24 $5,017
Assembly rooms
LVT 2,745 sf $6.85 $18,803
Base 213 lf $3.66 $780
Patch, repair paint walls 1,944 sf $3.50 $6,804
Wall protection, wainscot 852 sf $10.50 $8,946
Soffits 1,641 sf $22.00 $36,102
Acoustic tile ceilings 1,388 sf $6.24 $8,661
Craft room
LVT 632 sf $6.85 $4,329
Base 105 lf $3.66 $384
Patch, repair paint walls 1,050 sf $3.50 $3,675
Acoustic tile ceilings 632 sf $6.24 $3,944
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϯŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
Multipurpose room
Patch, repair paint walls 10,590 sf $3.50 $37,065
Fitness restroom
Patch and repair existing concrete 150 sf $4.01 $602
Ceramic tile floor 300 sf $16.39 $4,917
Ceramic tile base 108 lf $17.16 $1,853
Sport flooring 35 sf $18.00 $630
Metal stud framing, 6" 110 sf $10.44 $1,148
Gypsum board, taped and finished 220 sf $3.80 $836
Patch and repair existing walls 1,330 sf $1.65 $2,195
Paint 1,118 sf $3.00 $3,354
Ceramic tile walls 432 sf $17.96 $7,759
Patch and repair existing gypsum board ceiling 300 sf $10.88 $3,264 Paint gypsum board ceilings 300 sf $2.68 $804
Total - Finishes $287,369
10 Specialties
Toilet partitions
Accessible stall 2 ea $1,127.95 $2,256
Toilet accessories
Mirror, 24" x 60" high 2 ea $396.00 $792
Paper towel dispenser/disposal 2 ea $453.47 $907
Liquid soap dispenser 2 ea $80.73 $161
Seat cover / tissue paper dispenser, recessed 1 ea $288.47 $288 Seat cover / tissue paper dispenser, napkin disposal, recessed 1 ea $363.47 $363 Grab bar 8 ea $159.71 $1,278
Projector screens and marker boards
Projector screens, ceiling, electrically operated 2 ea $3,374.22 $6,748 Casework and millwork
Restroom, vanity top, solid 25 lf $292.00 $7,300
Miscellaneous
Reinstall ceiling track 1 ls $550.00 $550
Miscellaneous building specialties 13,300 sf $2.50 $33,250 Total - Specialties $53,894
12 Furnishings
Shades and blinds, replace
Lobby 54 sf $14.26 $770
New social services 112 sf $14.26 $1,597
Billiards room 50 sf $14.26 $713
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϰŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
Assembly rooms 210 sf $14.26 $2,995
Craft room 40 sf $12.26 $490
Blinds 229 sf $12.26 $2,808
Total - Furnishings $9,373
21 Fire Suppression
Fire Protection Excluded
Total - Fire Suppression
22 Plumbing
Sanitary Fixtures
Water closet, WC-1, floor, FV 2 ea $1,287.00 $2,574
Lavatory, 6 ea $1,359.00 $8,154
Drinking fountain 1 ea $2,766.00 $2,766
Rough-ins
Local rough-in at fixture 9 ea $638.40 $5,746
Miscellaneous Plumbing
Distribution 300 sf $4.50 $1,350
Total - Plumbing $20,590
23 HVAC
HVAC
Entry lounge, replace registers 456 sf $5.00 $2,280
New social services, replace registers 533 sf $5.00 $2,665 HVAC, per Pocock's estimate 1 ls $300,000.00 $300,000
Total - HVAC $304,945
26 Electrical
Power Excluded
HVAC and equipment connections Excluded
Convenience power (modify existing)
New social services 533 sf $15.00 $7,995
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϱŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
Lighting and lighting controls (replace existing fixtures) Lobby 140 sf $16.50 $2,310
Entry lounge 456 sf $16.50 $7,524
New social services 533 sf $16.50 $8,795
Atrium 611 sf $16.50 $10,082
Billiards room 761 sf $16.50 $12,557
Card room 621 sf $16.50 $10,247
Assembly rooms 2,745 sf $16.50 $45,293
Remaining area 7,433 sf $16.50 $122,645
Miscellaneous
Miscellaneous 13,300 sf $2.00 $26,600
Total - Electrical $254,045
27 Communications
Voice/data system (modify / upgrade)
Hearing loops 3 ea $3,500.00 $10,500
Paging, EMS, Clock systems Excluded
AV and sound systems Excluded
Public address system Excluded
Closed circuit television system Excluded
Total - Communications $10,500
28 Electrical Safety And Security
Fire alarm system
Fire alarm system and infrastructure (modify / upgrade) Excluded Security system (see add alternates) Excluded
Total - Electrical Safety And Security
32 Exterior Improvements
Demolition
Curb 323 lf $8.50 $2,746
Landscaping 1,100 sf $3.00 $3,300
Striping 5,180 sf $0.75 $3,885
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϲŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitude Revised 02/07/2022 08/30/21 Element Quantity Unit Unit Cost Total

DETAIL ELEMENTS - SENIOR CENTER
Wheel stops 6 ea $100.00 $600
Site improvements
AC paving 1,000 sf $7.50 $7,500
Curbs 65 lf $35.00 $2,275
Concrete ramp 190 sf $60.00 $11,400
Hatched striping 1,700 sf $3.50 $5,950
Striping 6,152 sf $1.50 $9,228
Symbols 9 ea $65.00 $585
Wheel stops 8 ea $85.00 $680
Lighting 2 ea $4,500.00 $9,000
Total - Exterior Improvements $57,149
WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϳŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitu 08/30/21
APPENDIX 1 - APPROACH & METHODOLOGY
Basis of Estimate - Exhibit A, B & C
Estimate Format A component cost classification format has been used for the preparation of this estimate. It classifies costs by building system / element.

Cost Mark Ups The following % mark ups have been included in each design option:
- General Conditions/Requirements (20.00% on direct costs) - Bonds & Insurance (2.30% compound)
- Contractor's Fee (5.50% compound)
- Design Contingency (15.00% compound)
- Escalation to MOC, 08/15/22 (3.86% compound)
Construction Contingency It is prudent for all program budgets to include an allowance for change orders which occur during the construction phase. These change orders normally increase the cost of the project. It is recommended that a 10% to 15 % construction contingency is carried in this respect. This cost is not included within the estimate.

Construction Schedule Costs included herein have been based upon a construction period of 5 months. Any costs for excessive overtime to meet accelerated schedule milestone dates are not included in this estimate.

Method of Procurement The estimate is based on a design bid build delivery model.

Bid Conditions This estimate has been based upon competitive bid situations (minimum of 6 bidders) for all items of subcontracted work.

Basis For Quantities Wherever possible, this estimate has been based upon the actual measurement of different items of work. For the remaining items, parametric measurements were used in conjunction with other projects of a similar nature.

Basis for Unit Costs Unit costs as contained herein are based on current bid prices in Lakewood, California. Sub overheads and profit are included in each line item unit cost. Their overhead and profit covers each sub's cost for labor burden, materials, and equipment, sales taxes, field overhead, home office overhead, and profit. The general contractor's overhead is shown separately on the master summary.

Sources for Pricing This estimate was prepared by a team of qualified cost consultants experienced in estimating construction costs at all stages of design. These consultants have used pricing data from Cumming's database for Lakewood, California
Key Exclusions The following items have been excluded from our estimate:
- Professional fees, inspections and testing.
- Plan check fees and building permit fees.
- Furnishings, fixtures and equipment (FF&E), except where noted through the cost estimate. - Premium for PLA Cost.
- Major site and building demolition unless noted in the body of the estimate. - Costs of hazardous material surveys, abatements and disposals unless noted in the body of the estimate.
- Costs of offsite construction unless noted in body of the estimate.

WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϴŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitu 08/30/21
APPENDIX 1 - APPROACH & METHODOLOGY
- Blasting and excavation in rock.
- Owner furnished Telephone / Data equipment and accessories.

Items Affecting Cost Estimate Items which may change the estimated construction cost include, but are not limited to:
- Modifications to the scope of work included in this estimate. - Unforeseen sub-surface conditions.
- Restrictive technical specifications or excessive contract conditions. - Any specified item of material or product that cannot be obtained from 3 sources. - Any other non-competitive bid situations.
- Bids delayed beyond the projected schedule.

Statement of Probable Cost Cumming has no control over the cost of labor and materials, the general contractor's or any subcontractor's method of determining prices, or competitive bidding and market conditions. This estimate is made on the basis of the experience, qualifications, and best judgement of a professional consultant familiar with the construction industry. Cumming, however, cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from this or subsequent cost estimates.

Cumming's staff of professional cost consultants has prepared this estimate in accordance with generally accepted principles and practices. This staff is available to discuss its contents with any interested party.

Pricing reflects probable construction costs obtainable in the project locality on the target dates specified and is a determination of fair market value for the construction of this project. The estimate is not a prediction of low bid. Pricing assumes competitive bidding for every portion of the construction work for all sub contractors with a range of 3 - 4 bidders for all items of work.

Experience and research indicates that a fewer number of bidders may result in higher bids.

Conversely, an increased number of bidders may result in more competitive bid day responses.

COVID-19 Disclosure The outbreak of the novel Coronavirus (COVID-19), declared by the World Health Organization as a “Global Pandemic” on 11 March 2020, has impacted global financial markets.

Market activity is being impacted in many sectors and circumstances remain very fluid and variable in different jurisdictions. Accordingly, as of this date, we are concerned with the market related impacts on the deliverables we are furnishing to you as part of our Services including cost estimates, budgets, and schedules (“Deliverable(s)”). Indeed, the current response to this pandemic means that we are faced with an unprecedented set of circumstances on which to base a judgement of the effects on the availability of labor, materials, and access and other impacts, although we are monitoring those on a continuing basis. Particularly including productivity impacts as a result of the CDC directives regarding social distancing.

Our Deliverables must be regarded with a degree of ‘material uncertainty, – and a higher degree of caution – than would normally be the case. Given the unknown future impact that the COVID-19 pandemic might have on the construction and real estate markets, we recommend that you keep the Deliverables of this project under frequent review. For your information, we have not added or considered a COVID19 additional contingency within this Deliverable” WƌĞƉĂƌĞĚďǇCUMMING WĂŐĞϭϵŽĨϮϬ
Weingart Senior Center
Lakewood, California Project # 21-0000
Conceptual Design Rough Order of Magnitu 08/30/21
APPENDIX 1 - APPROACH & METHODOLOGY
Recommendations Cumming recommends that the Owner and the Architect carefully review this entire document to ensure it reflects their design intent. Requests for modifications of any apparent errors or omissions to this document must be made to Cumming within ten days of receipt of this estimate. Otherwise, it will be assumed that its contents have been reviewed and accepted. If the project is over budget or there are unresolved budget issues, alternate systems / schemes should be evaluated before proceeding into further design phases.

It is recommended that there are preparations of further cost estimates throughout design by Cumming to determine overall cost changes since the preparation of this preliminary estimate. These future estimates will have detailed breakdowns indicating materials by type, kind, and size, priced by their respective units of measure.

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EXHIBIT F

COUNCIL AGENDA
September 27, 2022
TO: The Honorable Mayor and City Council
SUBJECT: Fest-Of-All Preview

INTRODUCTION
In response to the Race, Equity Diversity and Inclusion (REDI) committee’s objective to develop a multicultural event in Lakewood, the Fest-Of-All event will again be held at Lakewood Center on Saturday, October 8 from 2 to 8 p.m. City staff representing all departments are planning the second annual event.

STATEMENT OF FACT
In 2021, the inaugural Fest-Of-All event took place with the promise to bring together the broad tapestry of Lakewood culture in a singular event celebrating Lakewood’s diversity through food and music. Thus, the Fest-Of-All was created and now an annual event will be held on the second Saturday in the month of October. This year’s event will include two entertainment stages, multicultural food court, family fun zone, craft village, and children’s cultural booth. Staff further expanded event elements for the 2022 event to include an Art and Poetry Showcase and an activity called Passport Around the World.

The following report will provide details pertaining to each event component.

Multicultural Food Court
Food traditionally brings people together and creates a bridge amongst cultures. This year, the Multi-cultural Food Court is once again expected to attract several thousand Lakewood residents.

Each food vendor, a collection of Lakewood restaurants and local food trucks, will sell samples of the cuisine representing their culture. Food vendors will accept all forms of payment at their booth.

The following food vendors have confirmed their support with this year’s Multicultural Food Court.

Taco Bite (Mexican Cuisine)
The Berlin Truck (German)
Chef Smile’s (Jamaican)
Chinitos (Asian Fusion)
Crazy Delights La Michoacana (Mexican
Treats)
George’s Greek Cafe (Greek)
Wild Horse Cafe (Native AmericanRice
Ball’s of Fire (Korean/Hawaiian Fusion)
Streets of Vietnam (Vietnamese)

3.3 Council Agenda
Fest-Of-All Preview
September 27, 2022

Page 2 ends

Family Fun Zone
Fun Zone activities will begin at 2 p.m. with ticket sales ending at 7:15 p.m. Elite Special Events will again provide kid-oriented attractions at the Fest-Of-All. The Family Fun Zone offers nine attractions. Amusements will include a giant slide, an inflatable obstacle course, and bounce houses. Tickets for all activities will be sold only at the venue. Attendees can save by purchasing an unlimited ride pass for $30 or a $20 family pack. Individual tickets are $1 each. Attractions and rides will require between 2-5 tickets each.

Entertainment
Two stages, a main concert stage and a cultural stage, will showcase variety of entertainment throughout the event. There will be a shaded picnic area centrally located between the two stages for event attendees to enjoy the entertainment.

The Flogging Seagulls, will lead the entertainment schedule on the concert stage beginning at 3:45 p.m. The Los Angeles-based band will perform songs of the '80s with an Irish-Celtic twist. OC Groove, a powerful 10-piece horn band playing the great R&B, Funk, Soul, Rock and Blues hits, will close out the event. This high-energy entertainment group will give the audience a dynamic show covering many musical styles.

The cultural stage will host a variety of actsthat highlight different dances and performancesfrom around the world. Aztec Dancers, Southern California Youth Lion and Dragon Dance Team, Dembrebrah Drum and Dance Ensemble, Latinas Art Foundation, and CA All Star Cloggers are all scheduled to perform.

Craft Village
The Fest-Of-All Craft Village will offer a unique shopping experience for event attendees. A variety of vendors will participate in this year’sFest-Of-All by selling itemssuch assoaps, lotions, candles, clothing, jewelry, books, artwork, ceramics, and home decor. These craft booths will be located on the northwest side of the festival footprint.

Children’s Cultural Booth
Children, ages 12 and under, can participate in free craft and cooking activities in the Children’s Cultural Booth. The activities in the cultural booth feature activities representing multiple countries and provide a hands-on experience for all the young people who participate.

Community Booths for Lakewood Non-Profit Organizations
Lakewood community organizations will participate in this year’s Fest-Of-All by providing free promotional material and information about their organization. These promotional booths will be located near the Craft Village on northwest side of the festival footprint.

Council Agenda
Fest-Of-All Preview
September 27, 2022

Page 3 ends

Art and Poetry Showcase
An additional objective of the REDI committee was to encourage city youth to actively engage, think about and discuss inclusion and diversity. As part of that effort, a new element to the FestOf-All event was created, the Youth Art & Poetry Showcase. Elementary, middle and high school students can share how they celebrate diversity with a drawing,sketch or painting, or they can put their thoughts into poetry to represent the diversity and inclusion of the Lakewood community.

Each submission will be displayed inside the Lakewood Center mall starting October 1 and at the event on October 8. Students will receive a coupon to a local Lakewood restaurant for their participation.

Passport Around the World
The Passport Around the World will be a new interactive addition to this year’s Fest-Of-All. The Passport will encourage event attendees to visit all community booths by collecting stamps from each booth. Participants will benefit by learning what each booth has to offer and the vendor will benefit with the foot traffic at their booth to be able to share their materials.

Shuttle
To reduce the stress of finding a parking near the event, a free shuttle will run from the east parking lot at City Hall to the event entrance. The shuttle will operate from 1:30 p.m. to 8:30 p.m., with pickups and drop-offs scheduled in 15-minute intervals.

Event Supervision and Public Safety
City staff will be working during the course ofthe event,monitoring the various event components, assisting Fest-Of-All attendees, entertainers, vendors. Additionally, to ensure a safe and clean event, staff will manage crowd control issues, such as litter collection, replenishment of event supplies, distribution of handouts, and staffing the first aid stations. Eventstaff will be identifiable in their Fest-Of-All event staff t-shirt.

The Los Angeles County Sheriffs Department will provide uniformed security on foot throughout the event complex. Their highly visible presence, combined with Community Safety Officers and mall security, will provide a greater sense of safety and security for all event attendees.

Information and first aid centers will be located at the south entrance of the event near the Family Fun Zone. Staff will also be out on foot greeting and directing guests and distributing informational handouts.

SUMMARY
The Fest-Of-All brings together the Lakewood community in a show of cultural unity. The 2022 Fest-Of-All will offer fun activities with new experiences for families through the Multicultural Food Court, the Children’s Cultural Booth, and the live entertainment.

Council Agenda
Fest-Of-All Preview
September 27, 2022

Page 4 ends

RECOMMENDATION
It is the recommendation of staff that Recreation and Community Services Commission receive and file the Fest-Of-All Preview.
\]Y Thaddeus McCormack
City Manager
Valarie Frost, Director
Recreation and Community Services

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S

COUNCIL AGENDA
September 27, 2022
TO: Honorable Mayor and Members of the City Council
SUBJECT: Deposit and Exclusive NegotiatingAgreement with Habitat for HumanityofGreater Los Angeles

INTRODUCTION
The City of Lakewood (“City”), in its capacity as Housing Successor to the former Lakewood Redevelopment Agency (“Agency”),ownsfoursites comprised of nine vacant parcels, which are to be developed with affordable housing. The non-contiguoussites, which were acquired in 2012, are zoned Multi-Family Residential and are located within a quarter mile radius on the east side of Lakewood. Per California Health and Safety Code Section 34176.1, the sites must be developed with affordable housing.

STATEMENT OF FACTS
To comply with state law, staff solicited development proposals from 53 affordable housing developers. A total of seven proposals were received from multi-family and single-family developers. Staff analyzed each of the proposals and narrowed its selection to the top three developers, which were invited to an interview. Each of the developers were considered based on objective standards, which included:
• completeness and responsiveness to the RFP;
• ability of the organization to facilitate the development of the property; • site planning and architectural design;
• quality of references; and
• overall economics of the proposal
Based on the above criteria, Habitat for Humanity of Greater Los Angeles(“Habitat”) was selected as the preferred developer. Utilizing basic planning principals such as proposed on-site parking, architectural integrity and general community assimilation, it was determined that Habitat had the best proposal for the development of these sites. In addition, Habitat owns an adjacent property located at 11637 207th Street, which will be combined with the City owned sites to maximize the overall development opportunity.

LHSA-1
Council Agenda
September 27, 2022

Page 2 ends

Habitat’s proposal consists of 37 for-sale townhomes for low-income residents (34 units on Cityowned sites and 3 units on Habitat owned site). The proposed development would be a mixture of two and three bedroom homes with attached two-car garages and on-site guest parking for a combined parking count of 90 spaces. As proposed, the development will increase theCity'ssupply of quality affordable housing and count towardsthe goals of the newly certified 2021-2029 Housing Element.

The City and Habitat are proposing to enter in to a Deposit and Exclusive Negotiating Agreement (“ENA”) to negotiate terms of Disposition and Development Agreement. Habitat will provide the City a deposit of $20,000 to be used to hire an affordable housing consultant. The consultant will assist the City in its negotiation of affordability provisions to ensure that the Disposition and Development Agreement complies with state law. Under the ENA, the City and Habitat will negotiate diligently and in good faith for a period of three (3) months. In the event that the negotiations are not completed within the designated period, the ENA may be extended for up to three (3) additional periods of thirty (30) days each.

STAFF RECOMMENDATION
Staff recommendstthat theCityCouncil enter into a Deposit and Exclusive Negotiation Agreement with Habitat/for/Humanity of Greater Los Angeles, and designate staff to execute said agreement.

I
Thaddeus McCormack
City Manager
Abel Avalos
Director of Community Development

DEPOSIT AND EXCLUSIVE NEGOTIATING AGREEMENT
(20920 Roseton Ave., 20525 Pioneer Ave., 1610 207th St., and 11644 206th St.) THIS DEPOSIT AND EXCLUSIVE NEGOTIATING AGREEMENT (20920 Roseton Ave., 20525 Pioneer Ave., 1610 207th St., and 11644 206th St.) (this “DENA”), dated for identification purposes only as of October , 2021, is entered into by and between the CITY OF LAKEWOOD, a California municipal corporation (“Owner”), and HABITAT FOR HUMANITY OF GREATER LOS ANGELES, a California nonprofit public benefit corporation (“Developer”).

RECITALS
A. The former Lakewood Redevelopment Agency of the City of Lakewood the (“Former Agency”) was formed in accordance with all applicable laws. In accordance with California Health and Safety Code Section 34172, the Former Agency was dissolved as of February 1, 2012. Owner is the successor to the “housing assets” (as defined in California Health and Safety Section 34176) of the Former Agency.

B. In its capacity as Housing Successor, Owner owns certain real property at 20920 Roseton Ave., 20525-20529 Pioneer Ave., 11643-11649 207th St., and 11644 206th Street, Lakewood, California, (APNs 7059-011-900, 7059-019-900, 7059-019-901, 7059-019-902, 7059- 015-900, 7059-015-901, and 7059-015-902) (collectively, the “Property”). The Property is vacant land and was purchased by the Former Agency using low and moderate income housing funds for the purpose of constructing affordable housing.

C. Developer is a California nonprofit public benefit corporation whose purpose is to construct and sell affordable for-sale housing. Developer desires to acquire ownership of the Property and construct up to thirty seven (37) townhomes on the Property and certain real property already owned by Developer located at 11637 207th Street (the “Developer Property”) (each, a “Unit”) and related improvements (collectively, the “Project”).

D. Owner has selected Developer to develop the Project. Developer has proposed a form of Disposition and Development Agreement which provides for Developer’s purchase of the Property from Owner and Developer’s construction of the Project thereon, as well as the sale of the Units and related matters, which is attached as Exhibit A hereto (the “DDA”).

E. Owner and the Developer (each, a “Party” and jointly, the “Parties”) desire to (i) negotiate a final form of DDA acceptable to both Parties (the “Definitive Agreement”), and (ii) provide for a deposit of funds given by Developer to Owner to be used by Owner to hire a consultant to aid Owner in its negotiation of affordability provisions of the Definitive Agreement, and to ensure that the Definitive Agreement complies with state housing law.

F. The primary purposes of this DENA are to establish a period during which the Parties will negotiate the terms of a Definitive Agreement and to provide funds for Owner to hire a consultant to aid it in such process.

Lakewood Deposit and ENA 1110221 (redline).doc 2
NOW, THEREFORE, Owner and Developer hereby agree as follows:

1. DEPOSIT FUNDS; USE OF DEPOSIT FUNDS
Within ten (10) days of the execution of this DENA by the Parties, Developer shall deliver to Owner a check or wire in the amount of Twenty Thousand Dollars ($20,000) (the “Deposit Funds”). The date upon which such Deposit Funds are received by Owner shall be referred to herein as the “Effective Date.” Owner shall use the Deposit funds solely to hire a consultant to aid Owner in negotiating the affordability provisions in the Definitive Agreement and to determine, on the Owner’s behalf, that the affordability requirements set forth in the Definitive Agreement result in Owner being in compliance with all affordable housing requirements applicable to the Owner with respect to the Units to be constructed on the Property.

In the event that there are Deposit Funds remaining upon acceptance of the Definitive Agreement by the Parties, such excess funds shall be returned to Developer. Additionally, Owner agrees that the Deposit Funds will be the only deposit required of Developer in connection with acquisition of the Property pursuant to the Definitive Agreement other than a nominal Purchase Price.

2. NEGOTIATING PERIOD
The Parties agree to negotiate diligently and in good faith with one another for a period of three (3) months commencing upon the Effective Date (the “Negotiating Period”), in order to agree upon a mutually acceptable Definitive Agreement.

The Parties, by written agreement of Developer and Owner, may extend the Negotiating Period for up to three (3) additional periods of thirty (30) days each. The term “Negotiating Period” as used herein shall include any extensions of such Negotiating Period pursuant to this Section.

If a Definitive Agreement acceptable to Owner is executed and submitted by the Developer within the Negotiating Period, then the term of the Negotiating Period and this DENA shall automatically be extended for a period of forty-five (45) days from the date of such submittal to enable the Owner’s staff to take and coordinate the actions necessary to bring the Definitive Agreement before the Owner’s City Council for consideration.

During the Negotiating Period (as such Negotiating Period may be extended pursuant to this Section), Owner shall not negotiate with any entity other than Developer regarding sale or development of the Property, or solicit or entertain bids or proposals to do so.

3. NEGOTIATION TASKS
To facilitate negotiation of the Definitive Agreement, the Parties shall use commercially reasonable good faith efforts to accomplish the tasks set forth in this Section in a time frame that will support negotiation and execution of a mutually acceptable Definitive Agreement prior to the expiration of the Negotiating Period. Target dates for the following tasks are set forth on the Preliminary Schedule attached as Exhibit B hereto.

Lakewood Deposit and ENA 1110221 (redline).doc 3

3.1. Hiring of Consultant by Owner. Within fifteen (15) business days after the Effective Date, Owner shall hire a qualified consultant with expertise in affordable housing to aid Owner in negotiating the affordability requirements for the Units to be set forth in the Definitive Agreement.

3.2. City Attorney Comments on DDA. Within thirty (30) days after the Effective Date, Owner shall provide to Developer comments on the DDA made by Owner’s City Attorney.

3.3. Comments on DDA by Consultant. Consultant shall provide comments on the affordability covenants and related provisions of the DDA to Owner and Developer within forty five (45) days of the Effective Date.

3.4. Review of Owner Comments on DDA. Developer shall respond to comments received on the affordability covenants and other provisions of the DDA within fifteen (15) business days of receipt of such comments.

3.5. Progress Reports. From time to time as reasonably agreed upon by the Parties, each Party shall make oral or written progress reports advising the other Party on progress being made and matters being evaluated by the reporting Party with respect to this DENA, the DDA and the Definitive Agreement.

4. EFFECT OF THIS DENA; TERMINATION

4.1. Nature of Agreement. This DENA is not intended to constitute a binding agreement by the Owner or the Developer to sell or acquire all or any portion of the Property or to construct the Project, nor is it intended to constitute a binding agreement to enter into a Definitive Agreement or any other contract. Except as set forth in the Definitive Agreement, no Party shall be legally bound to consummate the acquisition of all or any portion of the Property or the construction of the Project as outlined in the DDA unless and until a Definitive Agreement or other contract has been executed and delivered by the Parties. Notwithstanding any other provision hereof, neither the Developer nor the Owner shall be under any obligation to approve or execute any Definitive Agreement during or upon conclusion of the Negotiating Period. Any Party may refuse to approve and execute any Definitive Agreement at its sole and absolute discretion, with or without cause. In the event that a Definitive Agreement is approved and executed by the Parties, this DENA shall be superseded by such Definitive Agreement.

4.2. Termination of this DENA. Each Party reserves the right to terminate this DENA, with or without cause, upon thirty (30) days prior written notice to the other Party, thereby withdrawing from the negotiations described herein.

4.3. Mutual Confidentiality. To the extent permitted by applicable law, the Parties shall maintain all information concerning this DENA and any pending or subsequent negotiations between the Parties as confidential.

5. GENERAL PROVISIONS

5.1. Notices. Unless otherwise specified in this DENA, it shall be sufficient service or giving of any notice, request, certificate, demand, or other communication if the same is sent by Lakewood Deposit and ENA 1110221 (redline).doc 4
(and any notices which are given by mail will be given by) first-class registered or certified mail, postage prepaid, return receipt requested. Such notice, request, certificate, demand, or other communication may alternatively be given by private courier service which provides evidence of delivery. Unless a different address is given by any Party as provided in this Section, all such communications will be addressed as follows:

To Owner: City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Attention: City Manager
Copies to:

To Developer: Habitat for Humanity
of Greater Los Angeles
8739 Artesia Blvd.

Bellflower, CA 90706
Attn: Executive Director

5.2. Cooperation. The Parties agree to cooperate with each other in promptly supplying information and analyses relating to the Project.

5.3. Waiver of Lis Pendens. It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Property with respect to this DENA or any dispute or act arising from it.

5.4. Governing Law. This DENA shall be governed by the laws of the State of California. Any legal action brought under this DENA must be instituted in the Superior Court of Los Angeles County, State of California, in an appropriate court in that county, or in the Federal District Court in the Central District of California.

5.5. Attorneys’ Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this DENA, the prevailing Party shall be entitled to collect from the other its reasonable attorneys’ fees as established by the judge or arbitrator presiding over such dispute.

5.6. Interpretation. This DENA shall be interpreted as a whole and in accordance with its fair meaning and as if each Party participated in its drafting. Captions are for reference only and are not to be used in construing meaning.

5.7. Real Estate Commissions. Each of the Parties represents and warrants to the other Parties that no real estate commission, broker fees, or finder fees which may accrue by means of the acquisition of an interest in the Property is due to any person, firm, or entity; each Party agrees to indemnify and hold the other Parties harmless with respect to any judgment, damages, legal Lakewood Deposit and ENA 1110221 (redline).doc 5
fees, court costs, and any and all liabilities of any nature whatsoever arising from a breach of such representation.

5.8. Amendment of DENA. No modification, rescission, waiver, release, or amendment of any provision of this DENA shall be made except by a written agreement executed by each of the Parties.

5.9. Entire Agreement. This DENA constitutes the entire understanding and agreement of the Parties concerning this subject. This DENA integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior negotiations, discussions and previous agreements between the Parties concerning all or any part of the subject matter of this DENA.

5.10. Implementation of DENA. The Owner shall maintain authority to implement this DENA through its Community Development Director. The Community Development Director shall have the authority to issue interpretations, waive provisions, and/or enter into amendments of this DENA on behalf of the Owner so long as such actions do not materially or substantially change the uses or development contemplated under the DDA, or add to the material costs incurred or to be incurred by the Owner as specified therein, and such interpretations, waivers and/or amendments may include extensions of time to perform. All other interpretations, waivers, or amendments not included within the Community Development Director’s authority above shall require the consideration, action, and written consent of the City Manager of Owner.

5.11. Representations by the Owner. The Owner hereby represents as of the Effective Date and at all times during the term of this DENA that the Property is owned by the Owner and is not subject to the lien of any mortgage to any lender nor is otherwise pledged to any lender in connection with any debt of Owner or otherwise.
[Signatures on following page]
Lakewood Deposit and ENA 1110221 (redline).doc 6
IN WITNESS WHEREOF, Owner and Developer have signed this DENA as of the date set opposite their signatures.
“DEVELOPER”

HABITAT FOR HUMANITY OF GREATER LOS
ANGELES, a California nonprofit public benefit
corporation
Dated: By:

President and CEO
“OWNER”
CITY OF LAKEWOOD, a California municipal
corporation
Dated: By:

Community Development Director
Lakewood Deposit and ENA 1110221 (redline).doc A-1

EXHIBIT A
DDA
[to be attached]
Lakewood Deposit and ENA 1110221 (redline).doc B-1

EXHIBIT B

PRELIMINARY SCHEDULE

ACTION TARGET DATE

1. Developer submission of deposit to Owner November __, 2021

2. Owner submission of City Attorney comments on DDA to Developer
December __, 2022

3. Owner submission of Consultant comments on DDA to
Developer
December __, 2022

4. Developer response to comments to Owner January __, 2022

5. City Council consideration of Definitive Agreement February __, 2022

6. Conveyance of Property to Developer March __, 2022

Lakewood City CouncilSeptember 27, 2022

Lakewood City Council
September 27, 2022