AGENDA
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS
5000 CLARK AVENUE
LAKEWOOD, CALIFORNIA
September 26, 2023, 7:30 p.m.
CALL TO ORDER
INVOCATION: Pastor Candace Kelly, Acts Community Bible Church PLEDGE OF ALLEGIANCE: Pack 75
ROLL CALL: Mayor Ariel Pe
Vice Mayor Todd Rogers
Council Member Cassandra Chase
Council Member Steve Croft
Council Member Jeff Wood
ANNOUNCEMENTS AND PRESENTATIONS:
Mayra Catalán-Orozco presentation on the LA County Youth Climate Commission 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 Meeting held August 8, 2023.
RI-2 PERSONNEL TRANSACTIONS - Staff recommends City Council approve report of personnel transactions.
RI-3 REGISTERS OF DEMANDS - Staff recommends City Council approve registers of demands.
RI-4 CITY COUNCIL COMMITTEES’ ACTIVITIES - Staff recommends City Council receive and file the report.
RI-5 MEETING REPORTS AND AUTHORIZATIONS PURSUANT TO AB1234 - Staff recommends City Council receive and file the report.
RI-6 MONTHLY REPORT OF INVESTMENT TRANSACTIONS - AUGUST 2023 - Staff recommends City Council receive and file the report.
RI-7 APPROVAL OF AGREEMENT FOR WATER RATE STUDY - Staff recommends City Council authorize staff to enter into an agreement with Raftelis Financial Consultants, Inc. to conduct a water rate study in the amount of $57,325.
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 City Council Agenda
September 26, 2023
LEGISLATION:
2.1 INTRODUCTION OF ORDINANCE NO. 2023-7; AN ORDINANCE OF THE CITY OF LAKEWOOD AMENDING SECTION 4328 OF THE LAKEWOOD MUNICIPAL CODE REGARDING BIRD FEEDERS - Staff recommends City Council adopt the proposed ordinance to clarify that hummingbird feeders and bird feeders are acceptable in the City of Lakewood.
REPORTS:
3.1 FEST-OF-ALL PREVIEW - Staff recommends City Council receive and file the report.
3.2 APPROVAL OF REVISED AGREEMENT WITH SOUTHWEST PATROL, INC. FOR PRIVATE SECURITY PATROLS - Staff recommends Council approve the revised agreement with Southwest Patrol, Inc. for private security patrol to increase the number of security guards to four (4) effective September 27, 2023, and authorize the City Manager to sign the revised agreement in a form as approved by the City Attorney.
AGENDA
LAKEWOOD HOUSING SUCCESSOR AGENCY
1. REGISTER OF DEMANDS - Staff recommends Housing Successor Agency approve registers of demands.
ORAL COMMUNICATIONS:
ADJOURNMENT
RI-1
Routine Item 1 – City Council Minutes
will be available prior to the meeting.
COUNCIL AGENDA
September 26, 2023
TO: The Honorable Mayor and City Council
SUBJECT: Report of Personnel Transactions
Effective
Name Title Schedule Date
1. FULL-TIME EMPLOYEES
A. Appointments
None
B. Changes
None
C. Separations
None
2. PART-TIME EMPLOYEES
A. Appointments
Khalil Campbell Community Services Specialist B 09/06/2023 Aaron Cruz Maintenance Trainee I B 09/06/2023
Michael Quijada Community Services Specialist B 09/12/2023 Luan Vo Maintenance Services Aide III B 09/11/2023
B. Changes
Tyler Percy Maintenance Services Aide III B to 09/17/2023 Maintenance Trainee I B
C. Separations
Victoria Galvez Community Services Officer II B 09/01/2023 Thaddeus McCormack
City Manager
RI-2
RI-3
COUNCIL AGENDA
September 26, 2023
TO: The Honorable Mayor and City Council
SUBJECT: Report of City Council Committees’ Activities
INTRODUCTION
A brief update is provided for City Council review on the activities of the following standing committee: Capital Improvement Plan, Water Resources, and Public Safety Committees.
STATEMENT OF FACT
On July 31, 2023 the Capital Improvement Plan Committee met and discussed:
Update on CIP Spreadsheet
Along with Ken Rosenfield from Adurra, staff has developed a comprehensive CIP document to manage citywide projects. Ken presented an excerpt of a previously revised draft, which includes funding definitions, a CIP funding and expenditure summary, and the facility condition assessment renewal needs matrix.
Palms Community Center Improvements and Weingart Sr. Center Improvements Updates Representatives from Dahlin Group presented a proposal to perform additional services including signage and interior design at Palms Park Community Center. The total cost is $22,000.
Annual CIP Funding Allocations
Annual Facilities Projects - A routine item with an appropriations request for annual capital projects.
Park Hardscape Repairs – Annual allocation of $50,000 addresses smaller, safety and aesthetic repairs of concrete slabs and walkways in our parks and facilities. Fence Projects – Annual allocation of $25,000 addresses smaller, safety and aesthetic repairs of fencing in our parks and facilities.
Fire and Security Systems – Annual allocation of $25,000 is used to upgrade or install fire, security, video, or fob access systems at our city facilities. Staff recommends increasing this year’s annual allocation to $50,000 to help cover the costs for security upgrades necessary throughout the City.
Roof Repair & Maintenance – Annual allocation of $50,000 is for the purpose of roof inspections and roof maintenance.
Painting Improvements – Annual allocation of $50,000 is for the purpose of painting improvements.
CIP Project Updates
Weingart Sr. Center Improvements - Staff received a three-year extension from HUD for the COVID-CDBG funds, due to the long lead times of the HVAC units, which means the HVAC replacement will be part of the project.
RI-4
Council Committees’ Activities
September 26, 2023
Palms Community Center Improvements - Staff asked Dahlin Group for a proposal (presented at this meeting) to complete the furniture specification package for new furniture in the project, as well as another interior signage package, to add gymnasium wall art to the project. The total cost is $22,000.
Mayfair Water Capture Project - Sukut Construction is rescheduling the sewer flow meter calibration by Golden Meter Inc. for Friday, Aug. 11, 2023. Staff requested a proposal from Tetra Tech to support the six-month water harvesting demonstration phase at the plant following plant start up as required by LA County Department of Public Health. Staff requested a proposal from Tetra Tech to assist with the sampling/water harvesting, and Tetra Tech has submitted a proposal for this work, which is not to exceed $49,413.
Bolivar Emergency Repairs - All building repairs are complete, as well as repairs to the compressor, manholes, and artificial turf. Electrical contractors will work together to remove electrical components from the damaged cabinet and place them onto the new cabinet and transport and replace the new cabinet into the equipment room.
CD/PW Counter and Shared Space Improvements - Staff is investigating potential relocation of an unidentified electrical conduit. Construction is expected to be ongoing through the end of September. CD and PW operations have been primarily relocated to the Pan Am room.
City Hall Modular Office Improvements - Once the existing trailer is removed, site work will commence. When the new units are in place, the contractors will complete drywall, painting improvements, and flooring improvements. Staff expects construction be complete near the beginning of October.
Centre Lighting, Ceiling, Carpet, and Painting Improvements - Painting of the lobby is expected to be completed while the ballroom is blocked out for construction. The carpet replacement is expected to take place near the end of September.
City Hall and The Centre Generator Modernization - Staff has requested to swap the generator to a Kohler generator, which is easier to maintain, with more readily available replacement parts. In addition, staff determined it would be best to keep the City Hall generator in its current location to minimize cost of relocating to a new location.
On August 29, 2023 the Water Resources Committee met and discussed:
Termination of Services Agreement with City of Bellflower for Caruthers Park Stormwater and Urban Runoff Capture Project
An agreement with City of Bellflower was entered into in 2021 for Lakewood to operate and maintain Caruthers Park Stormwater Project in the City of Bellflower and perform post construction operation and maintenance services. Due to recent staffing changes and technical issues, it has made it difficult to provide services, and termination of the service agreement is Council Committees’ Activities
September 26, 2023
needed. Staff recommends going to the county to advocate their services for taking over the maintenance and oversight of this project.
Approval of Legal Services Agreement with Baron & Budd, P.C. And Cossich, Sumich, Parsiola & Taylor LLC for Legal Representation Pursuant to PFAS Litigation Staff explained that Per-and-Polyfluroalkyl Substances (PFAS) are synthetic chemicals that have been used for many years and are found in nonstick waterproof products, they are known as “forever chemicals.” Fortunately, for Lakewood, PFAS has not been detected in our water. However, in March 2023, the US EPA announced a proposed national drinking water standard for PFAS. Staff is seeking to enter into a legal agreement for services with Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC (The Law Firms) to pursue claims for damages if PFAS at any level is ever detected in the Lakewood Water System. The Las Firms would provide legal services and enable the city to join current and pending PFAS lawsuits, should the need arise in the future. The city will not have to pay any costs unless a settlement is received. The Law Firms will handle testing costs and arrange to have samples taken and analyzed. If a settlement is received, The Law Firms’ attorney fees would be 25% gross recovery.
Other Communication
The Water Resources Director introduced new staff members Tawny Ruiz, Water Administration Manager, and Anthony Manzano, Assistant Director of Water Resources. The Committee Members welcomed them to the department.
On August 29, 2023 the Public Safety Committee met and discussed:
Los Angeles County Public Safety Policies Update
Impacts of newly adopted bail policy to take effect October 1, 2023, were discussed.
Crime Trends and Statistics
Overall, crimes continue to decrease citywide and at Lakewood Center Mall.
Abatement Deputy Update
Updates were provided on several locations. Outreach services were offered in coordination with the Homeless Services Liaison. Railroad clean-ups have been consistent. Services have been offered and trash and debris were removed. The Bell Shelter contract continues to be successful with various individuals referred to the shelter and dedicated bed space occupied.
Community Prosecutor Program Update
Updates were provided on repeat nuisance properties. Community Prosecutor has been active in court regarding cases stemming from incidents in Lakewood.
Public Safety Department Update
Staff have been busy engaging with the community through many programs and at various events.
Resident participation has increased for bigger events such as National Night Out. Four residents Council Committees’ Activities
September 26, 2023
have expressed interest in formally becoming block captains. Orientation and first meetings will be held in the near future.
Public Outreach
Publicity for Care Solace, a mental health coordination service, will continue. Positive feedback from the program has been received. New fiscal year budget details were included in latest publication of the community newsletter. U.S. Post Office letter carrier theft concerns have increased. Staff is working closely with the Sheriff’s Department on ways to prevent future incidents.
RECOMMENDATION
It is recommended that the City Council receive and file this report.
Thaddeus McCormack
City Manager
COUNCIL AGENDA
September 26, 2023
TO: The Honorable Mayor and City Council
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 Ariel Pe and Council Member Cassandra Chase attended the annual conference of the League of California Cities from September 20-23, 2023. They attended sessions on homelessness, the mental health crisis, enhancing emergency preparedness, personnel and recruiting top talent, among other sessions.
RECOMMENDATION
That the City Council receive and file this report.
Paolo Beltran Thaddeus McCormack
Deputy City Manager City Manager
RI-5
COUNCIL AGENDA
September 26, 2023
TO: The Honorable Mayor and City Council
SUBJECT: Monthly Report of Investment Transactions – August 2023
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 so 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*
01-Aug-23 $178,806.36 CAMP POOL Interest 5.520%
01-Aug-23 358.05 BOND Interest 2.046%
01-Aug-23 1,364.18 BOND Interest 2.021%
01-Aug-23 560.43 BOND Interest 0.773%
01-Aug-23 2,073.75 CORP Interest 3.950%
01-Aug-23 395.25 BOND Interest 0.510%
01-Aug-23 1,075.00 CORP Interest 2.150%
03-Aug-23 215,000.00 CORP Purchase 5.272%
03-Aug-23 590.63 CORP Interest 1.125%
03-Aug-23 141,971.43 CORP Sell 2.300%
03-Aug-23 96,269.25 CORP Sell 0.450%
04-Aug-23 149,200.80 TREAS Sell 1.500%
05-Aug-23 3,562.50 CORP Interest 3.750%
07-Aug-23 515.63 CORP Interest 1.875%
07-Aug-23 89,963.25 CORP Sell 3.250%
07-Aug-23 129,955.28 CORP Sell 0.700%
09-Aug-23 85,000.00 BOND Purchase 4.755%
09-Aug-23 374,970.00 CORP Purchase 5.450%
09-Aug-23 318.75 CORP Interest 0.750%
10-Aug-23 1,307.25 FNMA Interest 0.830%
10-Aug-23 2,475.00 CORP Interest 2.750%
12-Aug-23 384.75 CORP Interest 0.855%
13-Aug-23 1,710.00 CORP Interest 1.800%
15-Aug-23 189,030.76 FNMA Purchase 3.750%
RI-6
Monthly Investment Transactions
September 26, 2023
Date Amount at Cost Investment Transaction Rate*
15-Aug-23 $89.09 ABS Interest 0.550%
15-Aug-23 1,020.54 ABS Interest 4.790%
15-Aug-23 876.71 ABS Interest 3.970%
15-Aug-23 3,187.50 TREAS Interest 1.500%
15-Aug-23 446.42 ABS Interest 4.870%
15-Aug-23 316.62 ABS Interest 5.480%
15-Aug-23 1,583.33 ABS Interest 5.000%
15-Aug-23 33.30 ABS Interest 0.520%
15-Aug-23 359.67 ABS Interest 3.320%
15-Aug-23 387.50 ABS Interest 4.650%
15-Aug-23 930.00 CORP Interest 3.100%
15-Aug-23 7.70 ABS Interest 0.340%
15-Aug-23 247.00 ABS Interest 1.040%
15-Aug-23 13.61 ABS Interest 0.380%
15-Aug-23 106.33 ABS Interest 0.580%
15-Aug-23 14,218.75 TREAS Interest 1.625%
15-Aug-23 366.00 ABS Interest 3.660%
15-Aug-23 552.07 ABS Interest 5.460%
15-Aug-23 14.40 ABS Interest 0.500%
15-Aug-23 967.50 CORP Interest 2.150%
15-Aug-23 902.42 ABS Interest 4.420%
15-Aug-23 375.83 ABS Interest 4.510%
15-Aug-23 501.21 ABS Interest 5.230%
15-Aug-23 862.00 ABS Interest 4.310%
15-Aug-23 4.32 ABS Interest 0.440%
15-Aug-23 833.38 ABS Interest 3.390%
15-Aug-23 4,703.97 ABS Paydown 0.440%
15-Aug-23 4,138.63 ABS Paydown 0.380%
15-Aug-23 2,186.92 ABS Paydown 0.340%
15-Aug-23 10,456.19 ABS Paydown 0.550%
15-Aug-23 5,499.56 ABS Paydown 0.520%
15-Aug-23 3,718.50 ABS Paydown 0.500%
15-Aug-23 195,195.94 TREAS Sell 0.375%
16-Aug-23 327.00 ABS Interest 5.450%
18-Aug-23 500,000.00 CAMP POOL Sell 5.520%
18-Aug-23 250,000.00 CORP Purchase 5.526%
18-Aug-23 377,924.48 FNMA Purchase 3.224%
18-Aug-23 186.50 ABS Interest 3.730%
Monthly Investment Transactions
September 26, 2023
Date Amount at Cost Investment Transaction Rate*
18-Aug-23 $9.75 ABS Interest 0.370%
18-Aug-23 6,014.86 ABS Paydown 0.370%
18-Aug-23 250,580.51 TREAS Sell 0.750%
18-Aug-23 345,586.58 TREAS Sell 1.875%
20-Aug-23 18.75 ABS Interest 0.500%
20-Aug-23 1,852.50 CORP Interest 3.900%
20-Aug-23 6.84 ABS Interest 0.470%
20-Aug-23 0.26 ABS Interest 0.340%
20-Aug-23 912.19 ABS Paydown 0.340%
20-Aug-23 8,728.13 ABS Paydown 0.470%
22-Aug-23 244,949.48 ABS Purchase 5.410%
22-Aug-23 519,377.02 TREAS Sell 1.250%
23-Aug-23 264,983.57 ABS Purchase 5.530%
24-Aug-23 500,000.00 CAMP POOL Sell 5.520%
25-Aug-23 1,309.38 FNMA Interest 4.190%
25-Aug-23 1,094.51 FNMA Interest 3.243%
25-Aug-23 1,214.15 FNMA Interest 4.777%
25-Aug-23 862.23 FNMA Interest 2.653%
25-Aug-23 514.69 FNMA Interest 2.745%
25-Aug-23 1,171.92 FNMA Interest 3.430%
25-Aug-23 767.02 FNMA Interest 3.347%
25-Aug-23 1,505.94 FNMA Interest 4.819%
25-Aug-23 0.64 ABS Interest 0.480%
25-Aug-23 365.42 ABS Interest 5.470%
25-Aug-23 147.05 FNMA Paydown 4.777%
25-Aug-23 1,598.46 ABS Paydown 0.480%
30-Aug-23 3,062.50 CORP Interest 1.750%
31-Aug-23 1,500.00 TREAS Interest 0.500%
31-Aug-23 2,812.50 TREAS Interest 1.125%
31-Aug-23 825.00 TREAS Interest 0.750%
* 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.
Monthly Investment Transactions
September 26, 2023
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.
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) Pool and Term A Joint Powers Authority established in 1989 by the treasurers and finance directors of several California public agencies to provide an investment tool at a reasonable cost. Participation is limited to California public agencies. The Pool option offers daily liquidity with a variable rate of return. In recent years the Term option was added offering an investment tool for a fixed period (up to one year) and a fixed rate of return.
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)
This is a money market interest-bearing checking account that is fully insured and collateralized.
Monthly Investment Transactions
September 26, 2023
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.
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 2023.
Jose Gomez Thaddeus McCormack
Director of Finance & Administrative Services City Manager
COUNCIL AGENDA
September 26, 2023
TO: The Honorable Mayor and City Council
SUBJECT: Water Rate Study
INTRODUCTION
The City is in the final year of a multi-year water rate schedule adopted in July 2021 that addresses rates through June 30, 2024. In order to conduct an updated analysis and prepare for setting future year rates, Staff believes it is appropriate to initiate a new water rate study.
BACKGROUND
The City’s prior two studies were conducted in 2017 and 2021 by Raftelis Financial Consultants, Inc. (RFC) after a comprehensive Request for Proposals (RFP) process. As a result, they have established a thorough understanding of the City’s operations and have provided sound analysis and recommendations that the City has employed. Therefore, staff recommends that the City enter into an agreement with RFC to conduct the proposed water rate study.
RFC has extensive experience locally and on a national level. They have in-depth knowledge of all areas related to utility management. Additionally, RFC is very active in the American Water Works Association (AWWA), the largest national organization of water professionals. AWWA is widely recognized as one of the authorities in water rate-setting policies, with an RFC Director being a recent AWWA president.
At the local level, RFC’s proposed project staff has vast experience working with comparable water agencies in southern California. Having conducted the City’s last two studies, RFC’s staff has an in-depth grasp of the City’s water utility operations. In terms of their pricing, RFC’s proposed project fee of $57,325 is reasonable and includes an optional Proposition 218 public hearing presentation ($2,940). Staff seeks authorization for $57,325, however the total cost would decrease to $54,385 if the City elects not to have RFC make this presentation. This year’s budget includes an appropriate allocation for the study. The City’s Water Resources Committee recommends approval by the City Council.
STATEMENT OF FACT
In order to address the City’s water rates starting July 2024, it is necessary to perform a comprehensive analysis and, if needed, provide required Proposition 218 notices to the public.
RECOMMENDATION
It is recommended that the Council authorize staff to enter into an agreement with Raftelis Financial Consultants, Inc. to conduct a water rate study in the amount of $57,325.
Jose Gomez Thaddeus McCormack
Director of Finance and Administrative Services City Manager RI-7
1 CITY OF LAKEWOOD
PROFESSIONAL SERVICES AGREEMENT
WITH
RAFTELIS FINANCIAL CONSULTANTS, INC.
This Professional Services Agreement (“Agreement”) is made and effective as of September 26 2023 (the “Effective Date”), by and between the City of Lakewood, a California municipal corporation, (the “City”) and Raftelis Financial Consultants, Inc., (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the Services are completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services described and set forth in Consultant’s Proposal attached hereto as Exhibit A (“Services”), incorporated herein as though set forth in full.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of Consultant’s ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant under this Agreement.
4. CITY MANAGEMENT
The City Manager or designee shall represent the City in all matters pertaining to the administration of this Agreement.
5. PAYMENT
A. The City agrees to pay Consultant for Services satisfactorily performed in accordance with the fees set forth in Exhibit A, in an amount not to exceed $57,325.
B. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or designee. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to in writing by the City and 2 Consultant at the time the City’s written authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual Services performed. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of Consultant's Services or fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this Agreement shall be made within forty-five (45) days of receipt of an invoice therefor.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, without cause, suspend or terminate this Agreement, or any portion hereof, by serving written notice upon Consultant.
Upon receipt of said notice, Consultant shall immediately cease all Services under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Consultant the actual value of the Services performed up to the time of termination, unless the City disputes any of the Services performed or fees. Upon termination of the Agreement pursuant to this section, Consultant will submit an invoice to the City pursuant to Section 5.
7. DEFAULT OF CONSULTANT
If the City determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City shall serve Consultant a written notice of the default. Consultant shall have seven (7) days after service of said notice to cure the default. In the event that Consultant fails to cure the default within such period of time or fails to present the City with a written plan for the diligent cure of default if such default cannot be cured within seven days, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall also have the right to offset against the amount of any fees due to Consultant any costs incurred by the City as a result of Consultant’s default.
8. OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to tasks, costs, expenses, receipts, and other such information required by the City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City 3 or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts or copies therefrom as necessary; and shall allow inspection of all Services, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the Services shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. Consultant hereby grants to the City all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by Consultant in the course of providing the Services under this Agreement.
9. INDEMNIFICATION AND DEFENSE
A. Indemnity.
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the City 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 Consultant, its officers, agents, employees, subcontractors, or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of Services under this Agreement.
B. Duty to Defend.
In the event the City, 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 Consultant is named in such Action, and upon demand by the City, Consultant shall defend the City at Consultant’s sole cost, or at the City’s option, to reimburse the City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense.
C. Payment by the City for Services is not a condition precedent to enforcement of this section. Consultant’s duty to defend, indemnify, and hold harmless the City shall not extend to the City’s sole or active negligence. In the event of any dispute 4 between Consultant and the City as to whether liability arises from the sole or active negligence of the City or its officials, officers, employees, agents, and/or volunteers, Consultant will be obligated to pay for the City’s defense until such time as a final judgment has been entered adjudicating the City as solely or actively negligent. Consultant 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.
10. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached hereto and made a part of this Agreement.
11. INDEPENDENT CONSULTANT
A. Consultant is and shall at all times remain as to the City a wholly independent consultant and/or independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither the City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, agents, subcontractors, or subconsultants, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, agents, subcontractors, or subconsultants are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent Consultant relationship created by this Agreement. Consultant further agrees to indemnify and hold the City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. The City shall have the right to offset against the amount of any fees due to Consultant under this Agreement as 5 a result of Consultant’s failure to promptly pay to the City any reimbursement or indemnification arising under this paragraph.
C. In the event that Consultant or any employee, agent, subcontractor, or subconsultant of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subcontractors, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
D. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, subcontractors, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the City, including but not limited to eligibility to enroll in PERS as an employee of the City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. The City and its officials, officers, employees, and agents, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with this Agreement or any Services to be conducted as a result of this Agreement. Violation of this section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Services during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any 6 Agreement or sub-agreement, or the proceeds thereof, for Services to be performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without the City's prior written authorization, unless the information is clearly public. Consultant, its officers, employees, agents, subcontractors, or subconsultants, shall not without written authorization from the City Manager or designee, or unless requested by the City’s attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the Services performed under this Agreement or relating to the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
B. Consultant shall promptly notify the City should Consultant, its officers, employees, agents, subcontractors, and/or subconsultants be served with any summons, complaint, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this Agreement and the Services performed hereunder or the City, unless the City is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless Consultant is prohibited by law from informing the City of such Discovery. The City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding as allowed by law.
Unless the City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Consultant in such proceeding, Consultant agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, the City's right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response, or that the City has an obligation to review any such response or verifies any response it has reviewed.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mail by the United States Postal Service, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
7 To the City: City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Attention: City Manager
To Consultant: Raftelis Financial Consultants, Inc.
445 S. Figueroa Street, Suite 1925
Los Angeles, CA 90071
Attention: Steve Gagnon, Senior Manager
17. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Before retaining or contracting with any subcontractor or subconsultant for any services under this Agreement, Consultant shall provide the City with the identity of the proposed subcontractor or subconsultant, a copy of the proposed written contract between Consultant and such subcontractor or subconsultant which shall include and indemnity provision similar to the one provided herein and identifying the City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor or subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses required of it by law for the performance of the Services described in this Agreement.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement or with respect to the terms and conditions of this Agreement shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 8 21. AMENDMENTS
Any amendments to this Agreement must be in writing and executed by the parties hereto, or their respective successors and assigns, in order to be valid.
22. ATTORNEYS’ FEES
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
23. CONSTRUCTION
The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
24. WAIVER
The delay or failure of any party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
25. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
9 26. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The persons executing this Agreement on behalf of the parties warrant and represent that they have the authority to execute this Agreement on behalf of said parties and have the authority to bind the parties to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
[If Consultant is a corporation, two signatures are required: Signature 1 – the Chairperson of the Board, the President, or any Vice President; Signature 2 – the Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer (Corp. Code § 313).] CITY OF LAKEWOOD RAFTELIS FINANCIAL CONSULTANTS, INC.
____________________________ ____________________________ City Manager
ATTEST:
______________________ ______________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
Attachments: Exhibit A Consultant’s Proposal
Exhibit B Insurance Requirements
EXHIBIT A
CONSULTANT’S PROPOSAL
EXHIBIT B
INSURANCE REQUIREMENTS
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 $1,000,000 per occurrence, $2,000,000 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.
Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
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 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 self-insurance 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.
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. Self-insurance 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 26, 2023
TO: Honorable Mayor and City Council
SUBJECT: 2023 Bird Feeding Ordinance
INTRODUCTION.
The City Council recently adopted the 2023 LMC Update Ordinance, in which existing code Section 4328 of the Lakewood code was modified to update wording and to clarify as to how a code enforcement officer would determine when the feeding of pigeons and other feral birds is a public nuisance. Following the public hearing for those code updates, members of the public wrongfully asserted that this section would ban hummingbird feeders and other back yard bird feeding, notwithstanding that this section only addressed the feeding of pigeons and other wild birds as a public nuisance. There was no substantive change to the regulation as written decades before or the manner in which it has been traditionally enforced.
The misinformation was repeated on social media and many residents became concerned that the City was banning hummingbird and backyard bird feeders. This ordinance adds a clarification that this is not the case and that it is not the intent nor the enforcement policy of the City of Lakewood.
RECOMMENDATION
It is recommended that the City Council adopted the proposed ordinance to clarify that hummingbird feeders and bird feeders are acceptable in the City of Lakewood.
Abel Avalos Thaddeus McCormack
Director of Community Development City Manager
Attachments:
2023 Bird Feeding Ordinance
2.1 ORDINANCE NO. 2023-7
AN ORDINANCE OF THE CITY OF LAKEWOOD AMENDING
SECTION 4328 OF THE LAKEWOOD MUNICIPAL CODE
REGARDING BIRD FEEDERS.
THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. The following new language is hereby added at the end of Section 4328 of the Lakewood Municipal Code, which language is declarative of the City’s interpretation and policy that has been in place since the inception of such section:
“This section shall not be construed to prohibit bird feeders, including but not limited to hummingbird feeders, except where the use of such feeders constitutes a nuisance.” SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent authority, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 3. CONTINUITY. To the extent the provisions of the Lakewood Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.
SECTION 4. CERTIFICATION. The City Clerk shall certify the adoption of this Ordinance and shall post a certified copy of this Ordinance, including the vote for and against same, in the Office of the City Clerk, in accordance with Government Code Section 36933. The City Council hereby finds and determines there are no newspapers of general circulation both published and circulated within the City and, in compliance with Section 36933 of the Government Code, directs the City Clerk to cause the ordinance within 15 days after its passage to be posted in at least three (3) public places within the City as established by Ordinance.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be posted or published as required by law and shall take effect thirty (30) days after its adoption.
Ordinance No. 2023-7
ADOPTED AND APPROVED this day of , 2023, by the following roll call vote:
AYES NAYS ABSENT
Mayor Pe
Council Member Chase
Council Member Croft
Council Member Rogers
Council Member Wood
_____________________________
Mayor
ATTEST:
_____________________________
City Clerk
COUNCIL AGENDA
September 26, 2023
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 14 from 2 to 8 p.m. City staff representing all departments are planning the third 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, children’s cultural booth, an Art and Poetry Showcase, and an activity called Passport Around the World.
The following report will provide details pertaining to each event component.
Entertainment
Two stages, a main concert stage and a cultural stage, will showcase a 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.
Caribbean Dynamics will lead the entertainment schedule on the concert stage beginning at 3:30 p.m. This versatile band will take the audience through a musical journey with live performances of Caribbean and Latin music. Suave, a powerful eight-piece powerhouse band playing the great R&B and Latin 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 acts that highlight different dances and performances from around the world. Hanabi Taiko, JD Dance Company, Fusion Entertainment, Lyons Academy of Irish Dance, and Hoku Mae’ole Polynesia are all scheduled to perform.
Multicultural Food Court
Food traditionally brings people together and creates a bridge amongst cultures. This year, the Multicultural Food Court is once again expected to attract several thousand Lakewood residents.
Each food vendor, a collection of Lakewood restaurants and local food vendors, will sell samples of the cuisine representing their culture.
3.1 Fest-Of-All Preview
September 26, 2023
The following food vendors have confirmed their participation at this year’s Multicultural Food Court.
Big C BBQ (American Comfort &
Brazilian)
Smile’s Jamaican Grill (Jamaican)
Crazy Delights La Michoacana (Mexican
Treats)
Stinkin Crawfish of Lakewood (Cajun)
Cali Sweets Dessert Truck (French Fusion)
Rice Ball’s of Fire (Korean/Hawaiian
Fusion)
Scooter’s Italian Ice (Italian)
Smile’s Hot Dog (Korean style street food)
The Berlin Truck (German)
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 inflatable 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 wristband for $35 or a $20 family pack of 25 tickets. Individual tickets are $2 each. Attractions take 2- 5 tickets, depending on the attraction.
Craft Village and Community Display Booths
The Fest-Of-All Craft Village will offer a unique shopping experience for event attendees. A variety of vendors will participate in this year’s Fest-Of-All by selling items such as soaps, lotions, candles, clothing, jewelry, books, artwork, ceramics, and home décor. These craft booths will be located on the northwest side of the festival footprint.
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 already located in the Craft Village.
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.
Art and Poetry Showcase
The City of Lakewood is inviting the community to submit art or poetry which celebrates and inspires diversity. Elementary, middle and high school students can share a piece of their culture and customs with a drawing, sketch, painting or through words of poetry. This showcase is an opportunity to learn about the many families, traditions, and backgrounds that make up the Lakewood community.
Each submission will be displayed inside the Lakewood Center mall starting October 9 and at the event on October 14. Students will receive a coupon to a local Lakewood restaurant for their participation.
Fest-Of-All Preview
September 13, 2023
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 northeast 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 of the 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. Event staff will be identifiable in their FestOf-All event staff t-shirt.
The Los Angeles County Sheriff’s 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.
Two information and first aid centers will be located in the event footprint. One station will be located at the south entrance of the event near the Family Fun Zone and the second station located near the northeast entrance. 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 2023 FestOf-All will offer fun activities with new experiences for families through the Multicultural Food Court, the Children’s Cultural Booth, and the live entertainment.
RECOMMENDATION
Staff recommends that the City Council receive and file the Fest-Of-All Preview.
Valarie Frost, Director Thaddeus McCormack
Recreation and Community Services City Manager
COUNCIL AGENDA
September 26, 2023
TO: Honorable Mayor and City Council
SUBJECT: Approval of Revised Agreement with Southwest Patrol, Inc. for Private Security Patrols
INTRODUCTION
On March 22, 2022, City Council approved the Neighborhood Safety Enhancement Plan, a comprehensive package of public safety measures to deter criminal activity and improve the safety and security of Lakewood. The plan included contracted private security patrol service to focus on residential neighborhoods as a pilot program.
STATEMENT OF FACT
Private security patrols started April 24, with four unarmed security guards performing vehicle patrols 10:00 p.m. – 6:30 a.m., 7 days a week. The guards were each assigned a patrol beat to conduct grid pattern patrols in all residential neighborhoods and adjacent commercial areas. The intent of the initial deployment was to address crime trends and provide a sense of safety and security.
The private security patrols proved to be effective based on crime trends staying relatively flat while other cities experienced significant increases during the first four months of deployment, and community response was positive, with residents indicating they felt safer knowing the security patrols were keeping a watchful eye overnight.
Council approved several agreement extensions in August 2022 and October 2022, and in December 2022 the agreement was extended through June 2023 with an adjusted deployment of three guards nightly with a more strategic, targeted focus on parks, commercial shopping centers and areas with an uptick of crime.
The current agreement took effect July 1, 2023 and runs through June 30, 2024, continuing the same deployment strategy. Staff proposes revising the agreement to increase the number of guards to four (4), effective September 27, 2023 through June 30, 2024. The fourth guard will serve as a citywide rover, dedicated to specific directed patrols and spend more time focused on specific areas of concern. The existing three guards will continue to be assigned specific patrol beats conducting highly visible patrols of neighborhoods, shopping centers, parks and schools, as well as targeting specific areas of concerns. Staff believes this additional layer of security patrols will greatly enhance our ability to effectively address concerns as they arise.
The estimated cost of the additional security guard is $90,000. Funds are available in the approved FY 2023-2024 General Fund budget.
3.2 Revised Agreement for Private Security Patrols
September 26, 2023
RECOMMENDATION
Staff recommends the City Council approve the revised agreement with Southwest Patrol, Inc. for private security patrol to increase the number of security guards to four (4) effective September 27, 2023, and authorize the City Manager to sign the revised agreement in a form as approved by the City Attorney.
Joshua Yordt Thaddeus McCormack
Director of Public Safety City Manager
Security Agreement Number: 29232
This agreement is made and effective as of September 27, 2023, and replaces and supersedes the previous agreement effective July 1, 2023, 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 June 30, 2024, 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:
(4) 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.
Security Agreement Number: 29232
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.
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 Security Agreement Number: 29232
EXHIBIT A
Rate Schedule
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)
Security Agreement Number: 29232
EXHIBIT B
INSURANCE REQUIREMENTS
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
Security Agreement Number: 29232
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 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 Security Agreement Number: 29232
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.
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.
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