Agenda, second session — Lynwood City Council, May 3, 2022 (part 1 of 2)

This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.

Procedures for Addressing the Council

IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE

COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO
[email protected]

OR FILL OUT A FORM

PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL.

AGENDA
City Council Regular Meeting

TO BE HELD ON

May 3, 2022

COUNCIL CHAMBERS - 11350 BULLIS RD. LYNWOOD, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238
Duly Posted on 4/29/2022 By MQ
6:00 PM

1. CALL TO ORDER

2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK

3. ROLL CALL OF COUNCIL MEMBERS
Jorge Casanova, Mayor
Jose Luis Solache, Mayor Pro Tem
Oscar Flores, Council Member
Marisela Santana, Council Member
Rita Soto, Council Member

4. PLEDGE OF ALLEGIANCE

5. INVOCATION

6. PRESENTATIONS/PROCLAMATIONS
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

Be Kind Month Proclamation
City Video(s)

7. COUNCIL RECESS TO:

City Council Regular Meeting - Page 1 of 194
Lynwood Housing Authority

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)

NON-AGENDA PUBLIC ORAL COMMUNICATIONS

THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE

AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)

PUBLIC HEARING

8. CONSIDERATION OF ORDINANCE NO. ____ TO APPROVE A DRAFT

DEVELOPMENT AGREEMENT (DA) BETWEEN THE CITY OF LYNWOOD AND LYNWOOD SPRING, LLC FOR A NEW, COMMERCIAL DEVELOPMENT AT 11600

LONG BEACH BOULEVARD
Comments:

The City Council’s approval is required upon the recommendation received by the Planning Commission pursuant Government Code Section 65867.

Such City Council approvals may
include and approve final entitlements or changes thereto as well as the Development Agreement for the project described as a new development, maintenance and operation of a single-story, 38,479 square foot supermarket. (CD)

Recommendation:
1 .

Staff recommends that the City Council consider the adoption of the attached Ordinance No. ____ entitled: “

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD

FOR APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF LYNWOOD AND LYNWOOD SPRINGS, LLC. FOR DEVELOPMENT OF a new, commercial development at 11600 Long Beach Boulevard (Assessor Parcel Nos.: 6175-002-001 thru 6175-002-005, 6175-002-028, 6175-009-005 thru 008, 6175-009- 025, 6175-003-013 thru 015, 6175-003-017 and 6175-003-018). THE DEVELOPMENT

AGREEMENT AND ASSOCIATED ENTITLEMENTS INCLUDES A

SUPERMARKET ALCOHOL SALES FOR OFF-SITE CONSUMPTION
ASSOCIATED WITH, DETACHED DRIVE-THROUGH café/RESTAURANT, AND RETAIL SPACE ATTACHED TO THE SUPERMARKET STRUCTURE. THE PROPOSED DEVELOPMENT DOMINANTLY FRONTS ON TO the east side of Long Beach Boulevard
”
2 .

Staff recommends that the City Council approve the attached Development Agreement (DA) by taking the following actions:

Motion to read Ordinance No. ____ by title only and waive further reading.

Motion to Introduce Ordinance No. _____.

CONSENT CALENDAR

ALL MATTERS LISTED UNDER THE CONSENT CALENDAR WILL BE ACTED UPON BY ONE MOTION AFFIRMING THE ACTION RECOMMENDED ON THE AGENDA. THERE WILL BE NO SEPARATE DISCUSSION ON

THESE ITEMS PRIOR TO VOTING UNLESS MEMBERS OF THE COUNCIL OR STAFF REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.

9. APPROVAL OF THE WARRANT REGISTER
Comments:

City of Lynwood warrant register dated May 3, 2022 for FY 2021-2022. (FIN) City Council Regular Meeting - Page 2 of 194

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated May 3, 2022 for FY 2021-2022

10. FINANCIAL STATUS REPORT – MARCH 2022
Comments:

The Finance & Administration Department has prepared the attached monthly financial status report for the General Fund for the City of Lynwood. It is the objective of the Department to prepare a monthly status report on a monthly basis. (FIN)

Recommendation:

Staff recommends that the City Council receive and file this report.

11. RESOLUTION AUTHORIZING THE PURCHASE OF A TRUCK AND SPORTS FIELD

EQUIPMENT
Comments:

On April 5, 2022, through adoption of its Mid-Year Budget Adjustments, the City Council approved an appropriation for the purchase of a compact pickup truck and a sports infield groomer. The truck and equipment will be utilized by the Recreation Department for athletic field maintenance and park-related activities and services. Pursuant to Lynwood Municipal Code Section 6-3.7(b)(2), purchases of supplies, equipment and routine services where dollar amount involved is $25,000 or more shall be by formal competitive bid. Lynwood Municipal Code Section 6-3.13(a)(3) allows for an exception to the formal bidding process if the City Council finds by resolution, adopted by not less than four-fifths

of its members, that such an acquisition may be
more economically and efficiently effected through the use of an alternate procedure. (REC)

Recommendation:

Staff recommends that the Lynwood City Council adopt the attached resolution entitled: “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PURCHASE OF A TRUCK AND SPORTS INFIELD GROOMER”

12. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT WELL NO. 19
Comments:

The City Council delegated to the City Manager or his or her designee the authority to order any action specified under California Public Contract Code Section 22050(a)(1) pursuant to Section 22050(b).

On April 5, 2022, the City Council found
that there is a need for emergency action on
Well No. 19.

Public Contract Code Section 22050(c)(2) requires the City Council to review the emergency action at every regularly scheduled Council Meeting to determine by four-fifths vote that there is a need to continue the action. (PW)

Recommendation:

Staff recommends for the City Council to adopt the attached resolution entitled:
“A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THAT

THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION, BY WAY OF A FOUR-

FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY REHABILITATION ON WELL NO. 19.”

13. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM City Council Regular Meeting - Page 3 of 194
Comments:

On April 5, 2022, the City Council found
that there is a need for emergency action at the
Natatorium.

Recommendation:

Staff recommends for the City Council to adopt the attached resolution entitled:
“A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING THAT THERE IS A NEED TO

CONTINUE THE EMERGENCY ACTION, BY WAY OF A FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH

RESPECT TO THE EMERGENCY RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM.”

14. FOURTH AMENDMENT TO THE WILLDAN ENGINEERING AGREEMENT FOR THE

DESIGN AND CONSTRUCTION SUPPORT FOR THE LYNWOOD URBAN BIKE TRAIL
Comments:

The City entered into a contract with Willdan Engineering to design and to provide construction support for the Lynwood Urban Bike Trail. Staff requests a fourth amendment to the Agreement with Willdan Engineering for additional services to meet Caltrans’ requirements. (PW)

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT WITH WILLDAN ENGINEERING”

15. APPROVAL OF AN AGREEMENT WITH AMN MANAGEMENT, INC. TO PROVIDE

INTERIM CITY ENGINEER SERVICES IN THE PUBLIC WORKS DEPARTMENT Comments:

Over the past couple of months, the City has been working with AMN Management, Inc. to provide interim City Engineer services in the Public Works department.

Staff is recommending that
the City Council to approve the professional services agreement with AMN Management, Inc. to continue providing services to the City. (CM)

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LYNWOOD , COUNTY OF LOS ANGELES,

STATE OF CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE, IN A

FORM SATISFACTORY TO THE CITY ATTORNEY, AN AGREEMENT WITH AMN MANAGEMENT, INC. TO PROVIDE INTERIM CITY ENGINEER SERVICES IN THE PUBLIC WORKS DEPARTMENT."

16. WAIVE SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY OF

LYNWOOD TO ESTABLISH CONTRIBUTION LIMITS
Comments:

In order to best serve the citizens and customers of the City of Lynwood, in its efforts to promote good governance and remain consistent with recent efforts by the City Council to bring about stability and reform to City Council policy procedures and decision making, the City Council will consider the adoption of an ordinance that will establish campaign contribution limits that are lower than the current limits established by state law.

City Council Regular Meeting - Page 4 of 194
The Political Reform Act of 1974 prohibits a person from making campaign contributions to a candidate for elective state office and prohibits those candidates from accepting a contribution totaling more than a specified amount per election. Formerly, state law authorized a county, city, or district to limit campaign contributions in local elections. In 2019, a bill was introduced which took effect on January 1, 2021, that would add contributions candidates to county or city office to the list of those limited by these campaign contribution restrictions. (CM)

Recommendation:

Staff recommends that the City Council waive the second reading and adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING CAMPAIGN CONTRIBUTION LIMITS”

17. WAIVE SECOND READING AND ADOPTION OF AN ORDINANCE FOR REVISIONS

AND INCORPORATION OF BEST PRACTICES TO THE CODE OF ETHICS FOR

THE CITY OF LYNWOOD IN ORDER TO AFFIRM STABILITY AND GOOD

GOVERNANCE
Comments:

The purpose of this Code of Ethics is to establish policy and guidelines, reflecting expected values and behaviors for use by and applicable to elected City officials. As the City Council and other elected officials of the City of Lynwood are guardians of the public trust, it is imperative and required that they conduct themselves in an impartial and responsible manner in the fulfillment of their duties. The Code of Ethics reflects the City Council's commitment to the citizens and customers of Lynwood to conduct itself at the highest standard of ethics. (CA)

Recommendation:

Staff recommends that the City Council waive the second reading and adopt the ordinance amending the Code of Ethics governing the demonstration of highest standards of personal integrity in the conduct of its responsibilities. The ordinance is entitled "AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AMENDING SECTION 2-1.7 OF THE LYNWOOD MUNICIPAL CODE"

18. FIRST AMENDMENT TO THE NORTH STAR LAND CARE AGREEMENT ALLOWING

FOR ADDITIONAL TREE TRIMMIING OF CITY TREES NOT ADDRESSED DURING

PANDEMIC, FOR EMERGENCY SERVICES AND FOR RELATED CAPITAL IMPROVEMENT TRIMMING; AND APPROPRIATION OF FUNDS
Comments:

On July 16, 2019, the City approved an agreement with North Star Land Care (North Star) to provide tree trimming, maintenance, and inspection services (Resolution No. 2019.086). Included in the agreement is a provision for a not-to-exceed compensation to North Star of $600,000 annually. The estimated cost for trimming and removal activities related to trimming of Grid 2 through Grid 6, emergency services, special requests and those related to Capital Improvement Projects (CIP) is anticipated to exceed the annual compensation limit. (PW) Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A FIRST

AMENDMENT TO THE AGREEMENT WITH NORTH STAR LAND CARE AND

APPROPRIATING MONIES FROM THE LANDSCAPE ASSESSMENT DISTRICT TO THE TREE MAINTENANCE DIVISION”

19. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING HSIP-5250(032) MLK JR. BLVD TRAFFIC SIGNAL

IMPROVEMENTS PROJECT
Comments:

City Council Regular Meeting - Page 5 of 194
Per CVC Code Section 21950.5, a notification to the public shall be given at least 30 days prior to the scheduled removal of an existing marked crosswalk. (PW)

Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING HSIP-5250(032) MLK JR. BLVD TRAFFIC SIGNAL IMPROVEMENTS PROJECT”.

20. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

21. STAFF ORAL COMMENTS

ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON MAY 17, 2022 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.

City Council Regular Meeting - Page 6 of 194
Agenda Item # 8.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

John Yonai, Interim Director of Community Development
Karen Figueredo, Associate Planner
Alfredo Perez, Associate Planner

SUBJECT:

CONSIDERATION OF ORDINANCE NO. ____ TO APPROVE A DRAFT

DEVELOPMENT AGREEMENT (DA) BETWEEN THE CITY OF LYNWOOD AND LYNWOOD SPRING, LLC FOR A NEW, COMMERCIAL DEVELOPMENT AT 11600

LONG BEACH BOULEVARD
Recommendation:

1 .

Staff recommends that the City Council consider the adoption of the attached Ordinance No. ____ entitled:
“

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

FOR APPROVAL OF THE

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LYNWOOD SPRINGS, LLC. FOR DEVELOPMENT OF a new, commercial development at 11600 Long Beach Boulevard (Assessor Parcel Nos.: 6175-002-001 thru 6175-002-005, 6175-002-028, 6175-009-005 thru 008, 6175- 009-025, 6175-003-013 thru 015, 6175-003-017 and 6175-003-018). THE DEVELOPMENT

AGREEMENT AND ASSOCIATED ENTITLEMENTS INCLUDES A SUPERMARKET ALCOHOL

SALES FOR OFF-SITE CONSUMPTION ASSOCIATED WITH, DETACHED DRIVE-THROUGH café/RESTAURANT, AND RETAIL SPACE ATTACHED TO THE SUPERMARKET STRUCTURE.

THE PROPOSED DEVELOPMENT DOMINANTLY FRONTS ON TO the east side of Long Beach Boulevard
”
2 .

Staff recommends that the City Council approve the attached Development Agreement (DA) by taking the following actions:

Motion to read Ordinance No. ____ by title only and waive further reading.

Motion to Introduce Ordinance No. _____.

Background:

The proposed site has been planned for redevelopment and reuse over the past two (2) decades.

Previous
attempts have stalled due to the environmental conditions of the combined parcels.

The City has subsequently
applied for a grant known as the DTSC – ECRG Grant for financial assistance of the remediation of underground City Council Regular Meeting - Page 7 of 194
contamination.

The contamination was due to past uses and not in any way associated with the City of Lynwood.

The DTSC-ECRG applicants have not been notified as to the status of award.

The City of Lynwood, if successful
may receive up to $5.4 million to assist in site remediation.

In an effort to parallel activities to open the possibility of earlier market opening, on April 12, 2022, the Planning Commission conducted a public hearing to review the project’s Draft development Agreement (DA). The Planning Commission unanimously voted to recommended that the City Council hear and approve the DA as required pursuant Government Code Section 65867.

In preparation for the planned project, on September 14, 2021, the Planning Commission conducted a public hearings on four (4) related project items.

At this meeting the following items were approved:

Resolution No. 3427 approving Conditional Use Permit No. 2019-01 for a full line of alcoholic beverages for off-site consumption in conjunction with supermarket operations; Resolution No. 3428 approving Tentative Parcel Map No. 2019-01 to merge all on-site parcels and the re- subdivide into three (3) parcels of land (Parcel Nos. 1, 2 and 3); Resolution No. 3429 approving Conditional Use Permit No. 2020-01 a drive-through café/restaurant; and, Adopting the project’s Mitigated Negative Declaration No. 2019-01.

The City Council’s approval is required upon the recommendation received by the Planning Commission pursuant Government Code Section 65867.

Such City Council approvals may include and approve final entitlements or changes thereto as well as the Development agreement.

The subject project site is described as a 164,657 square feet (3.78 acres) location with 167 at-grade parking stalls, fully paved and a parking lot with no existing landscaping. The subject site is within the Lynwood Transit Area Specific Plan and the proposed uses are permitted. The associated Environmental Assessment No. 2019-01 consists of an Initial Study and Mitigated Negative Declaration (30-day State Clearing HousE Publication required) to fully address any potential environmental impacts to a less than significant level in compliance with the California Environment Quality Act (CEQA).

The subject site is primarily a vacant, undeveloped and paved site with approximately eight (8) single-family dwellings to be removed as part of the overall project site, zoned Transit Village per the Long Beach Boulevard Specific Plan. The project site is a 164,657 square feet (3.78 acres) site comprised of several parcels under different ownerships.

Part of the parcels are controlled by a Receiver under Superior Court supervision. Pursuant to a previous Settlement Agreement, the City Successor Agency has the authority to designate the new owner of the Receivership property. The project is located within the Long Beach Boulevard Specific Plan, "Corridor Mixed Use I" of the Lynwood Transit Specific Plan, “Commercial” general plan designation, and has frontage on the east side of Long Beach Boulevard.

The project site
immediately adjacent and south of the Glenn Anderson (105) Freeway. Long Beach Blvd. is a four (4) to six (6) lane roadway and an “arterial” roadway according to the Lynwood General Plan, fully improved with pavement, curbs, gutters, sidewalks.

Surrounding uses consist of commercial and residential uses.

The adjoining property to the north is the Glenn Anderson Freeway/Interstate 105, to the south zoned Commercial (C-2A and P-1) consisting of commercial and retail uses, to the west across Long Beach Boulevard zoned C-2A and consisting of commercial and office uses; and, to the east, zoned R-2 (two- Family Residential) consisting of single- and multi-family residential uses. The site’s zoning and land uses are further summarized below:

ADJACENT

PROPERTY

LOCATION
ZONING

PROPERTY USE
North
CA Dept. of
Transportation
(Caltrans)
Glenn Anderson
Freeway/Interstate 105
South
C-2A and P-
1 Commercial and Retail uses
East
R-2
Single- and Multi-
Family Residential
Uses
City Council Regular Meeting - Page 8 of 194
West
C-2A
Commercial and Office uses

Project

The subject site’s location is described as 11600 Long Beach Boulevard, which is bounded by Long Beach Boulevard to the west, the 105 (Glenn Anderson) Freeway to the north, Louise Street to the south, Lewis Street to the east, and an alley to the northeast of Lewis Street; and,

Assessor Parcel Nos.: 6175-002-001 thru 6175-002-005, 6175-002-028, 6175-009-005 thru 008, 6175-009-025, 6175-003-013 thru 015, 6175-003-017 and 6175-003-018.

The project is described as the new development, maintenance and operation of a single-story, 38,479 square foot supermarket, attached 3,981 square foot retail space, and detached 890 square foot drive-through café/restaurant in conjunction with 164,657 square feet (3.78 acres) site with an at-grade, 167-stall paved and landscaped adjoining parking lot.

Discussion and Analysis:

Draft Development Agreement (DA)
State Law allows cities to enter into DAs with private parties. The DA is a legal, binding contract between a city and any person or entity having a legal or equitable interest in a property. The agreement must clearly outline conditions, terms, restrictions and requirements. Once a DA is approved by the City Council, the rules of development for that property cannot change even if the zoning code or other development codes are changed.

DAs are often used in large, complex
projects and/or in projects that have a long lead-time, multiple phases, or a long development period, in order to give the developer certainty in regards to the entitlements and other governmental actions.

The DA terms include the following terms:
1 .

The DA provides for the transfer of land from the Receiver as directed by the bankruptcy Judge within 365 days of the City Council approving the DA (currently portions of the site are in bankruptcy caused by the owners failing to be able to financially address the environmental remediation.

The past owners do not have
the

financial ability to remediate the property and therefore the assets are held by the Court appointed Receiver).
2 .

Includes the Planning Commission approvals for the project planning requirements including: required conditional use permits, tentative map and draft mitigated negative declaration.

3 .

The DA requires that the City vacate a portion of 2 streets within the project site; portion of Lynwood Road and Lewis Street.
4 .

The Developer shall commence vertical construction no later than August 1, 2024 5 .

The DA requires the Developer to be solely responsible for the cost and securing of all governmental permits and approvals
6 .

The City and Developer will work collaboratively in securing the site remediation and securing the appropriate “No further Action” letter from the appropriate State agency such as DTSC. 7 .

All DA amendments must be in writing between the City and Developer 8 .

The DA will terminate in three (3) years if the project is not completed.

Fiscal Impact:

The project provides an opportunity for the City to generate approximately $325,000 in one (1) time City Fees for permits, inspections.

Additionally, the Project when completed will provide annually from sales tax and property tax approximately $525,000 in annual revenues to the City.

Coordinated With:

City Attorney's Office
City Council Regular Meeting - Page 9 of 194
Special Counsel
ATTACHMENTS:

Description
Attachment A - Ordinance
Attachment B - Location Map
Attachment C - Aerial Photo
Attachment D - Draft Development Agreement
City Council Regular Meeting - Page 10 of 194
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FOR

APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LYNWOOD SPRINGS, LLC . FOR DEVELOPMENT OF A NEW, COMMERCIAL DEVELOPMENT AT 11600 LONG BEACH BOULEVARD (ASSESSOR PARCEL NOS.: 6175 -002-001 THRU 6175 -002-005, 6175 -002-028, 6 175-009-005 THRU 008, 6175 -009-025, 6175 -003-013 THR U 015, 6175 -003-017 AND 6175 -003- 018). THE DEVELOPMENT AG REEMENT AND ASSOCIAT ED ENTITLEMENTS

INCLUDE A SUPERMARKET ALCOHOL SALES FOR OF F-SITE CONSUMPTION ASSOCIATED WITH, DETACHED DRIVE -THROUGH CAFÉ /RESTAURANT, AND RETAIL SPACE ATTACHE D TO THE SUPERMARKET STRUCTURE. THE

PROPOSED DEVELOPMENT DOMINANTLY FRONTS ON TO THE EAST SIDE OF LONG BEACH BOULEVARD.

WHEREAS, The Applicant, Lynwood Springs, LLC and (“Applicant”) submitted a request for the approval of a Development Agreement to develop, maintain and operate a single-story, 38,479 square foot supermarket, attached 3,981 square foot retail space, and detached 890 square foot drive-through café/restaurant in conjunction with a 164,657 square feet (3.78 acres) site with an at-grade, 167-stall paved and landscaped adjoining parking lot located at 11600 Long B each Boulevard, in the City of Lynwood (Assessor Parcel Number 6175-002-001 thru 6175-002-005, 6175-002-028, 6175-009-005 thru 008, 6175-009-025, 6175 -003-013 thru 015, 6175 -003-017 and 6175 -003-018)(“Subject Property”);

WHEREAS, On September 14, 2021, th e City Planning Commission, by Resolution No. 3427, approved an Initial Study and Mitigated Negative Declaration No. 2019-01 for the Project (the “MND”), and Addendum to the MND (Addendum MND 2019- 01-REC1) to the underlying Mitigated Negative Decl aration No. 2019-01 in compliance with the State California Environmental Quality Act ( CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15073.5(c)(4) . The City Council adopts the findings and CEQA approval of the Planning Commission as its CEQA determination for consideration of the Development Agreement;

WHEREAS, On September 14, 2021, the City Planning Commission adopted Resolution Nos. 3427, 3428, and 3429 approving Conditional Use Permit No. 2019 -01, Conditional Use Permit No. 2020 -01, and Tentative Parcel Map No. 2019 -01, respectively;

WHEREAS, on April 12, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony related to the Development Agreement and sufficiently considered all testimony presented to them in order to recommend approval of the DA to the City Council.

City Council Regular Meeting - Page 11 of 194
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lynwood as follows:

SECTION 1. The City Council hereby finds and determines that The Development Agreement is consistent with the City General Plan , the entire Long Beach Boulevard Specific Plan, "Corridor Mixed Use I" of the Lynwood Transit Specific Plan, and the “Commercial” general plan designation . The Findings of A pproval associated with Planning Commission Resolution Nos. 3427, 3428, and 3429 and Conditional Use Permit No. 2019-01, Conditional Use Permit No. 2020 -01, and Tentative Parcel Map No. 2019- 01, respectively, adopted by the Planning Commission on September 14, 2021 are adopted herein by reference as further support for approval of the Dev elopment Agreement.

SECTION 2. State Law allows cities to enter into Development Agreement s with private parties. The Development Agreement is a legal and binding contract between a city and any person or entity having a legal or equitable interest in a property. The agreement provides the developer with certain vested rights to develop the property in accordance with zoning laws and entitlements in effect on the date of the Developmen t Agreement for a specified period of time . The DA will terminate in three (3) years if the project is not completed.

SECTION 3. The DA provides the Developer with assurance that the City will not change the terms of development during construction of the project. It also provides the City with assurance that the development will be completed in a timely manner.

SECTION 4. Once a Development Agreement is approved by the Lynwood City Council, the rules of development for that property cannot change even if the zoning code or other development codes are changed.

SECTION 5. Based on the above recitals, the staff report accompanying this Ordinance and public comments, the City Council of the City of Lynwood hereby finds the project to be consistent with the goals, policies, and objectives of the l and use element, the land use plan of the City’s general plan and all the provisions of the Long Beach Boulevard and Lynw ood Transit Area Specific Plans, and that the project will not adversely affect surrounding properties.

SECTION 6. The City Council of the City of Lynwood hereby approves the Development Agreement to allow a new single-story, 38,479 square foot supermarket, attached 3,981 square foot retail space, and detached 890 square foot drive -through café/restaurant in conjunction with a 164,657 square feet (3.78 acres) site with an at - grade, 167-stall paved and landscaped adjoining parking lot located at 11600 Long Beach Boulevard, in the City of Lynwood (Assessor Parcel Number 6175 -002-001 thru 6175 - 002-005, 6175-002-028, 6175-009-005 thru 008, 6175-009-025, 6175-003-013 thru 015, 6175-003-017 and 6175 -003-018)(“Subject Pr operty”) subject to the conditions per Resolutions No. 3427 (CUP No. 2019-11), and Resolution No. 3428 (TPM No. 2019-01), Resolution No. 3429 No. (CUP No. 2020-01).

City Council Regular Meeting - Page 12 of 194

SECTION 7. If any section, subsection, clause or phrase of this Ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby finds that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION 8. This Ordinance shall take effect on the thirty-first (31st) day after its adoption.

SECTION 9. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the Ordinance to be posted or published as required by law.

PASSED, APPROVED AND ADOPTED this _____ day of May, 2022.

________________________________
Jose Casanova
Mayor

ATTEST:

__________________________ ________________________________ Maria Quiñonez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM:

__________________________
Noel Tapia
City Attorney

City Council Regular Meeting - Page 13 of 194

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the ___ day of ___________, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________________
Maria Quiñonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of the Ordinance No. ______________ on file in my office and that said Ordinance was adopted on the date and the vote therein stated. Date this ____ day of ______.

___________________________________
Maria Quiñonez, City Clerk

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Location Map

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Aerial Photo

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1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: City Manager

Record for the Benefit of
the City of Lynwood
Pursuant to Government Code Section 27383

(Space Above This Line Reserved for Recorder’s Use Only)

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF LYNWOOD

AND

LYNWOOD SPRINGS, LLC

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2 DEVELOPMENT AGREEMENT

THIS DEVELOPMENT AGREEMENT (“Development Agreement” or “Agreement”) is made and entered into as of _______, ____ (“Agreement Date”) by and between the CITY OF LYNWOOD, a municipal corporation organized and existing under the laws of the State of California (“City”), and LYNWOOD SPRINGS, LLC, a California limited liability company (“Developer”). City and Developer are referred to individually as “Party,” and collectively as the “Parties.”

RECITALS
This Agreement is entered upon the basis of the following facts, understandings and intentions of City and Developer.

A. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development, and discourage investment in and commitment to comprehensive planning that would make maximum efficient utilization of resources at the least economic cost to the public.

B. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs and risk of development, the Legislature of the State of California enacted Section 65864 et seq. of the Government Code (the “Development Agreement Legislation”), which authorizes City and a developer having a legal or equitable interest in real property to enter into a binding development agreement, establishing certain development rights in the property.

C. Developer, and/or Developer’s affiliate, has a legal and/or equitable interest in certain real property consisting of approximately four (4) acres located northeast of the intersection of Long Beach Boulevard and Louise Street, as more particularly described in Exhibit A attached hereto, and as diagrammed in Exhibit B attached hereto (the “Property”).

The Property is comprised of three distinct components, as follows:
1) Developer Properties. The “Developer Properties” consist of the following assessor parcels, which are owned in fee by the Developer, as more particularly described in Exhibit A-1, attached hereto: 6175-002-001, 6175-002-002, 6175-002-003, and 6175-009-006. 2) Receiver-Controlled Properties. The “Receiver-Controlled Properties” consist of the following assessor parcels, which are owned in fee by the Receiver (the “Receiver”), Blake Alsbrook, as Successor Receiver serving as Successor Trustee of the Louis and Alice Ross Family Trust dated February 17, 1988 (the “Ross Trust”), as more particularly described in Exhibit A-2, attached hereto: 6175-002-004, 6175-002-005, 6175-002-028, 6175-003-013, 6175-003-014, 6175-003-015, 6175-003-017, 6175-003-018, 6175-009-005, 6175-009-007, and 6175-009-008. Pursuant to the Federal Court Settlement involving the Receiver-Controlled Properties and the Los Angeles Superior Court Order appointing the Receiver, the City may direct the Receiver to transfer the Receiver-Controlled Properties to any party designated by the City Council Regular Meeting - Page 18 of 194
3 City, in furtherance of the Settlement Agreement. The City has designated the Developer as the entity to whom the Receiver shall transfer the Receiver-Controlled Properties, subject to the terms of this Agreement and approval of a future purchase and sale agreement (the “Purchase Agreement”) between the Receiver and Developer by the City and following approval by the Los Angeles Superior Court as required by the order appointing the Receiver. 3) Kim Property. The “Kim Property” consists of the following assessor parcel, which is owned in fee by Kyung Sun Kim (“Kim”), as more particularly described in Exhibit A- 3, attached hereto: 6175-009-025. Developer has executed an option to ground lease the Kim Property from Kim, and, as such, Developer has an equitable interest in the Kim Property.

D. Developer intends to develop and construct the Property as a commercial retail center, which will include a grocery store, a shop building with two to four additional retailers, and one freestanding drive-thru building with an approximate total square footage of 44,000 square feet, a total of approximately 167 parking stalls on a surface parking lot, and related commercial improvements (the “Project”), as more fully depicted and described on Exhibits D and E, attached hereto.

E. The complexity, magnitude and long-range nature of the Project would be difficult for Developer to undertake if City had not determined, through this Development Agreement, to inject a sufficient degree of certainty in the land use regulatory process to justify the substantial financial investment associated with development of the Project. As a result of the execution of this Development Agreement, both Parties can be assured that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project.

F. City is desirous of advancing the socioeconomic interests of City and its residents by promoting the productive use of property and encouraging quality development and economic growth, thereby enhancing employment opportunities for residents and expanding City’s property tax base. City is also desirous of gaining the public benefits of the development of the Project, which are in addition to those dedications, conditions and exactions required by laws or regulations and as set forth in this Development Agreement, and which advance the planning objectives of, and provide benefits to, City.

G. City has determined that by entering into this Development Agreement: (1) City will ensure the productive use of property and foster orderly growth and quality development in City; (2) development will proceed in accordance with the goals and policies set forth in the City of Lynwood’s General Plan (the “General Plan”) and the Lynwood Transit Area Specific Plan (the “Specific Plan”) and will implement City’s stated General Plan and Transit Area Specific Plan policies; (3) City will receive increased property tax and sales tax revenues; (4) City will benefit from increased employment opportunities for residents of City created by the Project and (5) City and surrounding community will benefit from the remediation of environmental contamination.

H. Developer has applied for, and City has granted, the Project Approvals (as defined in Section 1.4) in order to protect the interests of its citizens in the quality of their community City Council Regular Meeting - Page 19 of 194
4 and environment. As part of the Project Approvals, City has undertaken, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq., hereinafter “CEQA”), an analysis of the environmental effects that would be caused by the Project.

J. In addition to the Project Approvals, the Project may require various additional land use and construction approvals, termed Subsequent Approvals (as defined in Section 1.4.6), in connection with development of the Project.

K. City has given the required notice of its intention to adopt this Development Agreement and has conducted public hearings thereon pursuant to Government Code Section 65867. As required by Government Code Section 65867.5, City has found that the provisions of this Development Agreement and its purposes are consistent with the goals, policies, standards and land use designations specified in City’s General Plan and the Specific Plan.

L. On [date], the City of Lynwood Planning Commission (“Planning Commission”), the initial hearing body for purposes of development agreement review, recommended approval of this Development Agreement pursuant to Resolution No. [____]. On [date], the City of Lynwood City Council (“City Council”) adopted its Ordinance No. [____] approving this Development Agreement and authorizing its execution.

M. The terms and conditions of this Development Agreement have undergone extensive review by City staff, the Planning Commission and the City Council at publicly- noticed meetings and have been found to be fair, just and reasonable and in conformance with the City General Plan, the Specific Plan, the Development Agreement Legislation, and the City Development Agreement Regulations and, further, the City Council finds that the economic interests of City’s residents and the public health, safety and welfare will be best served by entering into this Development Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, City and Developer agree as follows:

GENERAL PROVISIONS
Parties.

1.1.1. City. City is a California municipal corporation, with offices located at 11330 Bullis Road, Lynwood, CA 90262. “City,” as used in this Development Agreement, shall include City and any assignee of or successor to its rights, powers and responsibilities.

1.1.2. Developer. Developer is a California limited liability company, with offices located at 40 Pacifica, 15th Floor, Irvine, CA 92618. “Developer,” as used in this Development Agreement, shall include any permitted assignee or successor-in-interest as herein provided.

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5 Property Subject to this Development Agreement.All of the Property, as described in Exhibit A and shown in Exhibit B, shall be subject to this Development Agreement.

Term.

1.3.1. Effective Date. This Development Agreement shall become effective upon the effectiveness of the ordinance approving this Agreement (the “Effective Date”).

1.3.2. Term of the Agreement. The term (“Term”) of this Development Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of three (3) years, unless extended or earlier terminated as provided in this Agreement. The Term has been established by the Parties as a reasonable estimate of the time required to develop the Project and obtain the public benefits of the Project.

Project Approvals.Developer has applied for and obtained various environmental and land use approvals and entitlements related to the development of the Project, as described below.

For purposes of this Development Agreement, the term “Project Approvals” shall mean all of the approvals, plans and agreements described in this Section 1.4.

1.4.1. CEQA. On September 14, 2021, the City Planning Commission, by Resolution No. 3427, approved an Initial Study and Mitigated Negative Declaration for the Project (the “IS/MND”). On [date], the City Council, by Resolution No. [_____] determined that this Development Agreement was within in the scope of the IS/MND and that none of the factors under CEQA Guideline Section 15162 were present that would require additional environmental review under CEQA.

1.4.2. Tentative Parcel Map. September 14, 2021, the City Planning Commission, by Resolution No. 3428, approved Tentative Parcel Map No. 82613 to merge the existing parcels on the Property and to resubdivide the Property into three (3) parcels.

1.4.3. Conditional Use Permits. On September 14, 2021, the City Planning Commission approved the following Conditional Use Permits: pursuant to Resolution No. 3427 Conditional Use Permit No. 2019-01 for a drive through use and pursuant to Resolution No. 3429 Conditional Use Permit No. 2020-01 for the sale of a full line of liquor for off-site consumption (ABC License Type 21) in conjunction with supermarket operations.

1.4.4. Site Plan(s). On [date], the City Council, by Resolution No. [_____] approved a Site Plan for development of the Project on the Property.

1.4.5. Development Agreement. On [date], following Planning Commission review and recommendation, and after a duly-noticed public hearing, the City Council, by Ordinance No. [_____], approved this Development Agreement and authorized its execution.

1.4.6. Subsequent Approvals. In order to develop the Project as contemplated in this Development Agreement, the Project may require land use approvals, entitlements, development permits, and use and/or construction approvals other than those listed in Sections 1.4.1 through 1.4.5 above, which may include, without limitation: development plans, conditional use permits, variances, subdivision approvals, street abandonments, design review City Council Regular Meeting - Page 21 of 194
6 approvals, demolition permits, improvement agreements, infrastructure agreements, grading permits, building permits, right-of-way permits, lot line adjustments, site plans, sewer and water connection permits, certificates of occupancy, parcel maps, lot splits, landscaping plans, master sign programs, transportation demand management programs, encroachment permits, remediation and/or mitigation activities, and amendments thereto and to the Project Approvals (collectively, “Subsequent Approvals”). At such time as any Subsequent Approval applicable to the Property is approved by the City, then such Subsequent Approval shall become subject to all the terms and conditions of this Development Agreement applicable to Project Approvals and shall be treated as a “Project Approval” under this Development Agreement.

ACQUISITION OF PROPERTIES
Acquisition of Properties

2.1.1. Receiver-Controlled Properties. Developer shall obtain fee title to the Receiver-Controlled Properties within 365 days from the approval of this Agreement by the City Council, subject to certain actions precedent discussed in more detail below. Within 365 days from the approval of this Agreement by the City Council, Developer shall obtain all zoning and land use entitlement for development of the Project, and Developer shall have processed all building permits for the Project to the extent that Developer can obtain all necessary building permits for the Project upon payment to the City of the appropriate fees, provided the timeline in this sentence shall be extended by one day for each day the City unreasonably fails to process any land use application or building permit within the customary time for such permit. If Developer does not timely obtain such fee title, zoning and land use entitlements and building permits, then this Agreement shall automatically terminate, unless otherwise agreed in writing by Developer and City.

2.1.2. Kim Properties. Within 120 days of obtaining fee title to the Receiver- Controlled Properties, Developer or Developer’s affiliate shall obtain a ground lease, leasehold or surface easement interest in the Kim Property sufficient to allow Developer to develop and operate the surface parking lot portion of the Project as described and contemplated by Recital D and Exhibits D & E of this Agreement for a period of 99 years. If Developer fails to obtain such an interest in the Kim Property within 120 days from obtaining fee title to the Receiver- Controlled Properties, then this Agreement shall automatically terminate and the owner of the Receiver-Controlled Properties shall transfer ownership of the Receiver-Controlled Properties to an entity designated by the City, unless otherwise agreed in writing by Developer and City.

DEVELOPMENT OF THE SITE
Development Schedule.

3.1.1. Developer shall design, construct and operate the Project in compliance with the schedule set forth in Exhibit C (the “Development Schedule”), the “Scope of Development” set forth in Exhibit D, and the “Project Site Plan” set forth in Exhibit E attached hereto. The City Manager may approve not more than four (4) extensions to the Development City Council Regular Meeting - Page 22 of 194
7 Schedule of up to six (6) months per extension through the Administrative Amendment process in Section 6.3.2. Any additional extensions shall require approval by City Council as an amendment to this Development Agreement.

3.1.2. Effect of Developer’s Failure to Develop the Project. In the event of Developer’s Failure to Develop the Project materially consistent with the Schedule, then such failure shall be considered an Event of Default pursuant to Section 7.1, subject to notice and cure as provided therein. Notwithstanding the foregoing or anything to the contrary contained herein, if the Developer, due exclusively to its acts and omissions and not the acts and omissions of any other entity or government authority, including actions taken by the State of California, or the federal government, and including actions that materially delay the Project that may be taken by the California Regional Water Quality Control Board, Los Angeles Region or any other state environmental agency, does not commence construction of the vertical improvements for the grocery store by August 1, 2024, then (i) this Development Agreement shall automatically terminate, and (ii) either (x) the City shall petition the probate court overseeing the Receivership, with full cooperation of the Developer, to direct the Receiver to transfer ownership of the Receiver-Controlled Properties to an entity designated by the City or (y) if the Receiver no longer has ownership of the Receiver-Controlled Properties, then the owner of the Receiver- Controlled Properties shall transfer ownership of the Receiver-Controlled Properties to an entity designated by the City. The provisions of this Section 3.1 shall survive any termination of this Development Agreement. Nothing contained in this Section 3.1.2 shall prevent the City Council from extending this August 1, 2024 deadline, in the City Council’s sole and reasonable discretion.

Project Development. Developer shall have a vested right to develop the Project on the Property, in accordance with the Vested Elements (defined in Section 3.3), the Scope of Development and the Schedule of Performance.

Vested Elements. The permitted uses of the Property, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions, and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development applicable to the Property are as set forth in:
a. The General Plan of City on the Agreement Date (“Applicable General Plan”) and the Lynwood Transit Area Specific Plan (“Applicable Specific Plan”); b. The Zoning Ordinance of City on the Agreement Date (“Applicable Zoning Ordinance”);
c. Other rules, regulations, ordinances and policies of City applicable to development of the Property on the Agreement Date (collectively, together with the Applicable General Plan, Applicable Specific Plan and the Applicable Zoning Ordinance, the “Applicable Rules”); and
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8 d. The Project Approvals, as they may be amended from time to time upon Developer’s consent (such consent to be granted at the sole discretion of Developer) and City’s approval of the amendment in accordance with Section 6.4.2 of this Agreement; and are hereby vested in Developer, subject to, and as provided in, the provisions of this Development Agreement (the “Vested Elements”) for the term of this Development Agreement.

City hereby agrees to be bound with respect to the Vested Elements, subject to Developer’s compliance with the terms and conditions of this Development Agreement. The intent of this Section 3.3 is to cause all development rights which may be required to develop the Project in accordance with the Project Approvals to be deemed to be “vested rights” as that term is defined under California law applicable to the development of land or property and the right of a public entity to regulate or control such development of land or property, including, without limitation, vested rights in and to building permits and certificates of occupancy.

Development Construction Completion.

3.4.1. Timing of Development; Pardee Finding. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that the Project shall be completed in accordance with the Development Schedule.

3.4.2. Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect City’s compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations.

Effect of Project Approvals and Applicable Rules; Future Rules.

3.5.1. Governing Rules. Except as otherwise explicitly provided in this Development Agreement, development of the Property shall be subject to (a) the Project Approvals, and (b) the Applicable Rules.

3.5.2. Changes in Applicable Rules; Future Rules.
a. To the extent any changes in the Applicable Rules, or any provisions of future General Plans, Specific Plans, Zoning Ordinances or other rules, regulations, ordinances or policies (whether adopted by means of ordinance, initiative, referenda, resolution, policy, order, moratorium, or other means, adopted by the City Council, Planning Commission, or any other board, commission, agency, committee, or department of City, or any officer or City Council Regular Meeting - Page 24 of 194
9 employee thereof, or by the electorate) of City (collectively, “Future Rules”) are not in conflict with the Vested Elements, such Future Rules shall be applicable to the Project. To the extent that Future Rules conflict with the Vested Elements, they shall not apply to the Project and the Vested Elements shall apply to the Project, except as provided in Section 3.5.2.b herein. b. A Future Rule that conflicts with the Vested Elements shall nonetheless apply to the Property if, and only if (i) consented to in writing by Developer; or (ii) it is determined by City and evidenced through findings adopted by the City Council that the change or provision is reasonably required in order to prevent a condition dangerous to the public health or safety; or (iii) required by changes in State or Federal law as set forth in Section 3.5.3 below; or (iv) it consists of changes in, or new fees permitted by Section 3.7; or (v) it consists of revisions to, or new Building Regulations (as defined in Section 3.10) permitted by, Section 3.10; or (vi) it is otherwise expressly permitted by this Development Agreement.

3.5.3. Changes in State or Federal Laws. In accordance with California Government Code Section 65869.5, in the event that state or federal laws or regulations enacted after the Effective Date (“State or Federal Law”) prevent or preclude compliance with one or more provisions of this Agreement, the Parties shall meet in good faith to determine the feasibility of any modification or suspension of this Development Agreement that may be necessary to comply with such State or Federal Law and to determine the effect such modification or suspension would have on the purposes and intent of this Development Agreement and the Vested Elements. Following the meeting between the Parties, the provisions of this Development Agreement may, to the extent feasible, and upon mutual agreement of the Parties, be modified or suspended, but only to the minimum extent necessary to comply with such State or Federal Law. In such an event, this Development Agreement together with any required modifications shall continue in full force and effect. In the event that the State or Federal Law operates to frustrate irremediably and materially the vesting of development rights to the Project as set forth in this Agreement, Developer shall have the right to challenge (by any method, including litigation) the State or Federal Law preventing compliance with, or performance of, the terms of this Development Agreement and, in the event that such challenge is successful, this Development Agreement shall remain unmodified and in full force and effect, unless the Parties mutually agree otherwise, except that if the Term of this Development Agreement would otherwise terminate during the period of any such challenge and Developer has not commenced with the development of the Project in accordance with this Development Agreement as a result of such challenge, the Term shall be extended for the period of any such challenge.

3.5.4. Conflicts. In the event of an irreconcilable conflict between the provisions of the Project Approvals (on the one hand) and the Applicable Rules (on the other hand), the provisions of the Project Approvals shall apply. In the event of a conflict between the Project Approvals (on the one hand) and this Development Agreement, in particular, (on the other hand), the provisions of this Development Agreement shall control.

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10 Processing Subsequent Approvals.

3.6.1. Processing of Subsequent Approvals. City will accept, make completeness determinations, and process to completion all applications for Subsequent Approvals for the Project, in accordance with the terms of this Development Agreement and Applicable Law.

3.6.2. Scope of Review of Subsequent Approvals. By approving the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its authority in considering any application for a discretionary Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise to prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed to be tools to implement those final policy decisions. The scope of the review of applications for Subsequent Approvals shall be limited to a review of substantial conformity with the Vested Elements and the Applicable Rules (except as otherwise provided by Section 3.3), and compliance with CEQA. Where such substantial conformity/compliance exists, City shall not deny an application for a Subsequent Approval for the Project.

3.6.3. Additional Staffing. If standard City staffing is unable to process Subsequent Approvals as promptly as reasonably required by Developer or if the City does not have the technical expertise in house to complete such review, then City shall, at the sole expense of Developer, hire plan check, inspection and other personnel, or hire additional consultants for such actions, or allocate use of exclusively dedicated staff time, such that the time limits of Developer or complete review can be achieved. City shall consult in good faith with Developer as to any additional consultants to be hired pursuant to this Section.

Development Fees, Exactions; and Conditions.

3.7.1. Before commencement of construction or development of any buildings, structures, or other work of improvement upon the Site, Developer shall, at its own expense secure, or cause to be secured, any and all permits which may be required by the City or any other governmental entity having jurisdiction over such construction, development or work. City staff shall provide reasonable and proper non-monetary assistance to Developer in securing any such permits. Developer shall pay all costs of any and all permits and fees issued or required by the City of Lynwood or other applicable regulatory entities/agencies.

3.7.2. General. All fees, exactions, dedications, reservations or other impositions to which the Project would be subject, but for this Development Agreement, are referred to in this Development Agreement either as “Processing Fees,” (as defined in Section 3.7.3) or “Impact Fees” (as defined in Section 3.7.4).

3.7.3. Processing Fees. “Processing Fees” mean fees charged on a citywide basis to cover the cost of City review of applications for any permit or other review by City departments. Applications for Subsequent Approvals for the Project shall be charged Processing Fees to allow City to recover its actual and reasonable costs of processing Developer’s Subsequent Approvals with respect to the Project. Developer shall pay all Processing Fees for City Council Regular Meeting - Page 26 of 194
11 the Project. Nothing in this Section 3.7.3 shall limit the ability of the City to hire additional staffing in accordance with Section 3.6.3.

3.7.4. Impact Fees. “Impact Fees” means monetary fees, exactions or impositions, other than taxes or assessments, whether established for or imposed upon the Project individually or as part of a class of projects, that are imposed by City on the Project in connection with any Project Approval for the Project for any purpose, including, without limitation, defraying all or a portion of the cost of public services and/or facilities construction, improvement, operation and maintenance attributable to the burden created by the Project. Any fee, exaction or imposition imposed on the Project which is not a Processing Fee is an Impact Fee. Developer shall pay all Impact Fees for the Project.

3.7.5. Developer shall pay Impact Fees, taxes and assessments for the Project; provided, however, Developer shall not be obligated to pay taxes and assessments for the Receiver-Controlled Properties until such time as Developer and/or its affiliate, has acquired fee title to the Receiver-Controlled Properties. Nothing herein shall be construed so as to limit Developer from exercising whatever rights it may otherwise have in connection with protesting or otherwise objecting to the imposition of taxes or assessments on the Property.

3.7.6. Conditions of Subsequent Approvals. In connection with any Subsequent Approvals, City shall have the right to impose reasonable conditions including, without limitation, normal and customary dedications for rights of way or easements for public access, utilities, water, sewers, and drainage necessary for the Project; provided, however, such conditions and dedications shall not be inconsistent with the Applicable Rules or Project Approvals, nor inconsistent with the development of the Project as contemplated by this Agreement. Developer may protest any conditions, dedications or fees while continuing to develop the Property.

Life of Project Approvals and Subdivision Maps.

3.8.1. Life of Subdivision Maps. The terms of any tentative subdivision or parcel map for the Property, any amendment or reconfiguration thereto, or any subsequent tentative map, shall be automatically extended such that such tentative maps remain in effect for a period of time coterminous with the term of this Development Agreement.

3.8.2. Life of Other Project Approvals. The term of all other Project Approvals shall be automatically extended such that these Project Approvals remain in effect for a period of time at least as long as the term of this Development Agreement, provided such Project Approval comply with the Development Schedule.

3.8.3. Termination of Agreement. In the event that this Agreement is terminated prior to the expiration of the Term of the Agreement, the term of any subdivision or parcel map or any other Project Approval and the vesting period for any final subdivision map approved as a Project Approval shall be the term otherwise applicable to the approval, which shall commence to run on the date that the termination of this Agreement takes effect (including any extensions).

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12 Further CEQA Environmental Review.

3.9.1. Reliance on Prior CEQA Actions. Nothing in this Development Agreement shall be construed to require CEQA review of Ministerial Approvals. It is agreed that, in acting on any discretionary Subsequent Approvals for the Project, City will rely on the prior CEQA review to satisfy the requirements of CEQA to the fullest extent permissible by CEQA and City will not require a new initial study, negative declaration or subsequent or supplemental EIR unless required by CEQA as determined in the reasonable discretion of the City.

3.9.2. Subsequent CEQA Review. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Approval for the Project, then the scope of such documentation shall be focused, to the extent possible consistent with CEQA, on the specific subject matter of the Subsequent Approval, and the City shall conduct such CEQA review as expeditiously as possible.

Building Regulations. “Building Regulations” consist of the Uniform Building Code as modified by the California Building Code and the City Building Code and any ordinances which interpret these codes where such ordinances establish construction standards that are intended to be applied ministerially to the construction of improvements on private property and public infrastructure. Building Regulations applicable to building and construction throughout the City at the time Developer applies for the applicable permits for construction of any portion of the Project shall be applicable to the building and construction authorized by such permit.

Street Vacations.

3.11.1. The Property may include all or portions of certain alleys and streets to be vacated by the City as shown on the Tentative Parcel Map (“Street Portions”).

3.11.2. To the extent that the Street Portions contain public utilities, pipes, conduits, other public facilities or are subject to easements, licenses or other property interests, Developer shall relocate or otherwise satisfy the owners or holders of such public utilities, easements or other property rights, all at the expense of Developer. Developer shall allow City and the public utility companies affected by the vacation of the Street Portions to maintain and use the existing utilities and easements located on the Property until such utilities are abandoned pursuant to the terms of a separate agreement to be entered by and between Developer and the utility companies affected thereby. Developer shall use good faith efforts to accomplish the foregoing prior to application for building permits for any portion of the Property. City shall cooperate with Developer to accomplish the foregoing.

3.11.3. Prior to any street or alley being vacated by the City, Developer shall deliver to City fully executed and notarized Irrevocable Offers of Dedication for any street or ally which is to be vacated by the City. The City shall record the Irrevocable Offers of Dedication immediately subsequent to the Resolution which implements the vacation of the street or alley. At such time as a certificate of occupancy is issued by the City for the Project the City shall sign, notarize and record a Release of the Irrevocable Offer of Dedication for the applicable street or alley.

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13 3.11.4. Developer shall bear the cost of preparation of maps, legal descriptions and other technical documents for the vacation of the Street Portions. City shall bear the cost of preparation of staff reports and resolutions to implement vacation of the Street Portions.

Written Verification of Sufficient Water Supply. Any and all tentative subdivision maps approved for the Project shall comply with Government Code Section 66473.7, if, and to the extent, required by Government Code Section 65867.5(c).

ADDITIONAL RIGHTS AND OBLIGATIONS OF THE PARTIES; ALLOCATIONS OF

RIGHTS AND OBLIGATIONS OF THE PARTIES
Conveyance of Public Infrastructure. Acceptance; Maintenance. Upon completion of any and all public infrastructure to be completed by Developer, including any remedial actions required for any such lands (but only to the extent necessary for the intended land use), Developer shall offer for dedication to City from time to time as such public infrastructure is completed, and City shall promptly accept from Developer the completed public infrastructure (and release to Developer any bonds or other security posted in connection with performance thereof in accordance with the terms of such bonds), and thereafter City shall maintain the public infrastructure. Developer may offer dedication of public infrastructure in phases and the City shall not refuse to accept such phased dedications or refuse phased releases of bonds or other security so long as all other conditions for acceptance have been satisfied.

Hazardous Material Remedial Actions.

4.2.1. The Kim Property as Source of Contamination. The Kim Property, which will be the location for a surface parking lot that supports the planned supermarket, is the location of a former gas station, which included underground storage tanks, and a former dry cleaner facility. As a result of these former operations, the Property has been impacted by Hazardous Materials (as defined below), and is the subject of Remedial Actions efforts being overseen by the California Department of Toxic Substances Control (“DTSC”) and the California Regional Water Quality Control Board (“RWQCB”). DTSC and RWQCB, individually and/or collectively, shall be referred to herein as the “Oversight Agency.” The Developer intends to use the Kim Property solely as a surface parking lot.

4.2.2. Responsibilities as Future Ground Tenant of Kim Property. Developer does not intend to take fee title ownership of the Kim Property. Instead, Developer intends to take possession of the Kim Property for a surface parking lot use ancillary to its planned supermarket operations, either as a ground tenant leasing the Kim Properties, or as an above- ground surface-rights easement holder subsequent to the development of the Kim Property as a surface parking lot, or otherwise. Developer further intends that, in the likely role as a ground tenant at the Kim Property, Developer will enter into an agreement with DTSC to qualify as a Bona Fide Ground Tenant pursuant to the California Land Reuse and Revitalization Act (CLRRA), California Health and Safety Code Sections 25395.102 - 25395.106, which establishes a statutory and regulatory framework specific to ground tenant responsibilities.

Developer understands that the Oversight Agency will determine the applicability of the CLRRA provisions, the Bona Fide Ground Tenant responsibilities, and the scope of any further actions City Council Regular Meeting - Page 29 of 194
14 with respect to Hazardous Materials. If Developer takes possession of the Kim Property as a Bona Fide Ground Tenant, Developer understands it will be required to undertake certain actions required by the Oversight Agency, which actions shall be referred to herein as the “Bona Fide Ground Tenant Obligations.”
a. It is understood and agreed as between City and Developer that Developer shall take the lead role in negotiating the scope of the Bona Fide Ground Tenant Obligations with the Oversight Agency and to determine the scope and extent of any investigation, site mitigation or cleanup activities that may be required of Developer in its role as a Bona Fide Ground Tenant or as an easement holder for the right to possess or occupy the surface parking lot area to be erected at the Kim Property. Developer shall keep the City fully apprised at all times of the status of such negotiations, and provide full opportunities to the City to participate in any meeting or telephonic call, or other communications with the Oversight Agency, and the City may communicate with the Oversight Agency on any topic at any time, and shall include and/or copy Developer on any and all such oral and written communications with the Oversight Agency. It is further understood and agreed that if Developer is not satisfied with the terms of its negotiated obligations regarding site investigation, mitigation and/or cleanup to be required of Developer by such agencies, Developer may withdraw from this Agreement without penalty or sanction; provided, however, that once Developer has entered into the CLRRA agreement as a Bona Fide Ground Tenant with the Oversight Agency, and taken title to the Receiver-Controlled Properties, then Developer shall be obligated to comply with the terms of any such CLRRA agreement, including without limitation to complete the Bona Fide Ground Tenant Obligations, as evidenced by the issuance of a “certificate of completion” by the Oversight Agency.

4.2.3. Responsibilities as Future Owner of Receiver-Controlled Properties. The Parties anticipate that the Receiver will request that the probate court with jurisdiction over the Receiver-Controlled Properties allow for the transfer of the Receiver-Controlled Properties to Developer and the City will cooperate with such proceedings. Developer shall pay fair market value for the Receiver-Controlled Properties as set forth in the Purchase Agreement and as approved by the probate court. Any funds generated by the transfer of the Receiver-Controlled Properties shall be placed into one or more escrow accounts to be applied towards any future Fee Owner Obligations (defined below) or other remediation activities as determined by the City.

No disbursements from such escrow account(s) shall be made without prior City approval, not to be unreasonably withheld.
a. The Receiver-Controlled Properties are not a source of the known Hazardous Materials contamination. The Developer shall undertake and complete such investigation, mitigation and/or remedial actions for such Receiver-Controlled Properties as may be agreed upon between Developer and the Oversight Agency as part of a CLRRA or other voluntary oversight program. These activities shall be referred to herein as the “Fee Owner Obligations.”
b. Developer agrees to coordinate with proposed future cleanup activities during Developer’s grading of the Receiver-Controlled Properties, and before the construction of the supermarket and other retail stores, including allowing the trenching and placement of such piping as may be necessary on the Receiver-Controlled Properties for future City Council Regular Meeting - Page 30 of 194
15 and ongoing remedial actions associated with the cleanup of the Kim Properties, and including the set-aside of one or more areas within the site footprint of the supermarket and retail stores for the eventual placement of remedial equipment or a remediation compound, if and as may be necessary for remedial actions to be performed by Developer or parties other than Developer relating to contamination from sources off-site from the Receiver-Controlled Properties. At all times, Developer will provide reasonable access to other parties conducting remedial actions associated with the cleanup of contamination emanating offsite from the Kim Property or otherwise.
c. It is understood and agreed as between City and Developer that Developer shall take the lead role in negotiating the scope of the Fee Owner Obligations with the Oversight Agency and to determine the scope and extent of any investigation, site mitigation or cleanup activities that may be required of Developer in its role as a fee owner of the non-source Receiver-Controlled Properties. Developer shall keep the City fully apprised at all times of the status of such negotiations, and provide full opportunities to the City to participate in any meeting or telephonic call, or other communications with the Oversight Agency, and the City may communicate with the Oversight Agency on any topic at any time, and shall include and/or copy Developer on any and all such oral and written communications with the Oversight Agency. It is further understood and agreed that if Developer is not satisfied with the terms of its negotiated obligations regarding site investigation, mitigation and/or cleanup to be required of Developer by such agencies, Developer may withdraw from this Agreement without penalty or sanction; provided, however, that once Developer has entered into the CLRRA or other regulatory oversight agreement with the Oversight Agency as the Fee Owner of the Receiver- Controlled Properties, and taken title to the Receiver-Controlled Properties, then Developer shall be obligated to comply with the terms of any such agreement, including without limitation, to complete the Fee Owner Obligations, as evidenced by the issuance of a “certificate of completion” by the Oversight Agency.

4.2.4. Remedial Action Costs. The Bona Fide Ground Tenant Obligations and the Fee Owner Obligations shall collectively be referred to herein as the “Remedial Actions.” All direct and indirect costs of the Remedial Actions (“Remedial Action Costs”) shall be borne solely by Developer, including without limitation the costs of environmental assessments, the preparation of reports for submission to the Oversight Agency, implementation of the Remedial Actions and related insurance, permits, fees, and contractors’ and subcontractors’ material and labor expenses. As a means of providing financial assurance to the City, at the time of the acquisition of the Receiver-Controlled Properties, Developer shall establish one or more escrow accounts, including the escrow account referenced in Section 4.2.3, above, or other similar financial instrument acceptable to the City, in an amount sufficient to pay for the Remedial Actions. No disbursements from such escrow account(s) shall be made without prior City approval, not to be unreasonably withheld. In addition, and to the extent not duplicative of the amounts funded into the above-referenced escrow accounts, to the extent required by the Oversight Agency, Developer shall provide financial assurance for the completion of the Remedial Actions. Such financial assurance mechanism must identify the City as a third-party beneficiary and be sufficient to allow the City or other party to complete the Remedial Actions in the event the Developer does not complete the Remedial Actions. Such financial assurance may consist of a performance bond, an environmental insurance policy, a guaranteed fixed price City Council Regular Meeting - Page 31 of 194
16 remediation contract, or another alternative financial instrument, as and to the extent required by the Oversight Agency

4.2.5. . Remediation Coordinated by City. The Developer and the City acknowledge that the City may elect to perform certain investigation, mitigation, and remediation activities at the Property, at the City’s sole discretion. In such an event, the Developer shall cooperate fully with the City and shall facilitate access for the City and its contractors and consultants, at no charge to the City, and shall provide all necessary approvals required of Developer in order to perform such activities

4.2.6. . Environmental Damage, Cleanup, Bodily Injury and Property Damage Insurance; Indemnity. Prior to the commencement of the Remedial Actions, the Developer shall obtain (a) a general liability insurance policy, and (b) a contractor’s pollution liability policy, and shall maintain such policies in effect until the completion of the Remedial Actions (as reasonably determined by the City), each providing coverage for Environmental Damage (as defined below), cleanup costs, bodily injury and property damage in the minimum amount of Two Million Dollars ($2,000,000.00) per occurrence. The policy shall name, as additional named insureds, the City and the Successor Agency, and their officers and employees in their official capacity and while acting within the scope of their duties, against all claims, suits, or other actions of any nature brought for or on account of any Environmental Damage, deaths, injuries, damage or loss, arising out of or connected with the Remedial Actions.

4.2.7. Insurance coverage furnished by Developer pursuant to Section 4.2.6 may be submitted as one or more policies or part of a blanket policy, but coverage shall conform to Section 4.2.6 and shall pertain to all activities on the Property and shall require approval by the City; such approval shall not be unreasonably withheld.

4.2.8. Developer shall furnish City a certificate of insurance from its insurer evidencing compliance with Sections 4.2.6 through 4.2.7, and with the provision that the insurer shall not cancel or modify the policy without thirty (30) days’ written notice to City. Developer shall give City prompt and timely notice of any claim made or suit instituted. Developer shall also cause its insurer to name City and Successor Agency, and their officers and employees, in their official capacity and while acting within the scope of their duties, as additional insureds in any policies of Developer’s contractors performing work pursuant to this Agreement; and such policies shall comply with Sections 4.2.6 through 4.2.7. Such coverage shall be primary and not contributing with any policy or coverage maintained by or obtained by the City, and shall include an appropriate endorsement and waiver of subrogation.

4.2.9. Developer shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto, and all similar applicable State or Federal acts or laws. Developer shall furnish to City a certificate of Worker’s Compensation insurance providing that the insurer shall not cancel or modify the policy without thirty (30) days’ prior written notice to City. As an alternative, Developer may show proof of a certificate of consent to self-insure issued by the Director of Industrial Relations, pursuant to California Labor Code Section 3800.

City Council Regular Meeting - Page 32 of 194
17 4.2.10. Developer agrees to and shall indemnify, defend and hold harmless the City and the Successor Agency from and against all claims, demands, liabilities, losses, damages, costs, mechanics’ liens, or expenses (including reasonable attorneys’ fees and court costs) arising from or relating to the death of any person or any accident, injury, loss, or damage whatsoever to person or property which shall occur on the Property in connection with the Remedial Actions and performance of this Agreement which shall be directly or indirectly caused by any acts, errors or omissions of Developer or its agents, servants, employees, tenants, or contractors.

Developer shall not be responsible for, and this indemnity shall not apply to, such matters to the extent caused by any acts, errors, or omissions of the City or the Successor Agency or their respective agents, servants, employees, or contractors. City agrees that for purposes of satisfying Developer’s indemnity obligations as set forth in this Section 4.2.10 of this Agreement, City shall first tender such claims to the insurance carrier and under the Pollution Legal Liability insurance policy procured pursuant to Section 4.2.6., provided Developer remains liable for any unsatisfied indemnity obligations.

4.2.11. City and Other Governmental Agency Permits. Before commencement of the Remedial Actions, the Developer shall secure or cause to be secured any permits which may be required by the City or any other governmental agency with respect to same. City shall provide appropriate assistance to Developer in securing these permits. City shall use its best efforts to encourage and facilitate the expeditious processing of required City permits.

4.2.12. Rights of Access. For the purposes of assuring compliance with this Agreement, representatives of City shall have the reasonable right of access to the Property without charges or fees, at normal construction hours during the period of the Remedial Actions for the purposes of monitoring Developer’s compliance with this Agreement and to inspect the work being performed in connection with the Remedial Actions. Developer further grants City a right of access to undertake any actions necessary to complete any Remedial Actions or any other investigations, mitigation or remediation; provided, however, nothing in this Agreement shall require the City to undertake any Remedial Actions that are the responsibility of the Developer. Such representatives of the City shall be those who are so identified in writing by the City Manager.

4.2.13. Local, State and Federal Laws. The Developer shall carry out the Remedial Actions in conformity with all applicable laws, including all applicable federal and state labor standards, provided, however, Developer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such laws, rules or standards.

Insurance and Indemnity.

4.3.1. Developer shall, at its own cost and expense, indemnify, hold harmless, and defend, Successor Agency, City and its and their respective officers, officials, members, agents, employees, and representatives, from liability or claims for death, personal injury, and property damage which may arise from the acts, errors, or omissions of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project, the Remedial Actions, or in any manner arising from this Agreement, except for those acts, errors, or omissions caused or alleged to be caused by the negligence or willful misconduct of the Successor Agency or the City (or its or their officers, officials, members, agents, employees, City Council Regular Meeting - Page 33 of 194
18 or representatives). The foregoing indemnity shall apply regardless of whether or not City prepared, supplied, or approved plans or specifications. In the event of litigation, City agrees, at no cost to City, to cooperate with Developer.

4.3.2. In the event of any court action or proceeding challenging the validity of this Agreement, any of the Development Approvals or the environmental impact reports prepared and adopted for the Project, Developer shall defend, indemnify and hold harmless, at its own expense, the City and its officers, officials, members, agents, employees, consultants and representatives from and against the action or proceeding, except for those acts, errors, and/or omissions caused or alleged to be caused by the negligence or willful misconduct of the City (or its officers, officials, members, agents, employees, or representatives). In such instance, City shall have the right to choose the defense counsel to represent the City subject to the reasonable approval of the Developer, which approval shall not be unreasonably withheld or delayed. In the event of such court action or proceeding described in this Section 4.3.2, if Developer is not named as a party or real party in interest, Developer may petition the court to intervene in the action as a named party in such court action or proceeding, in which case Developer shall have the right to defend, at its own expense, itself and the challenged actions in accordance with this section. To the extent a joint defense is not inconsistent with either Party’s claims or defenses in any such court action or proceeding, Developer and City shall cooperate with each other in any such defense as either Developer or City may reasonably request. Neither Party may resolve such challenge without the written agreement of the other Party to the extent the Parties have agreed in writing to a joint defense on an asserted claim or cause of action or to jointly bring a claim or cause of action. In the event Developer fails or refuses to be a party in any challenge to this Agreement, the Development Approvals or the environmental impact reports, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including termination of this Agreement, all without incurring any obligation or liability to Developer. If the cost of defending any challenge, claim, court action or proceeding against the City challenging the validity of this Agreement, any of the Development Approvals or the environmental impact reports prepared and adopted for the Project is covered by insurance payable to the City, including the City as a participant with the Joint Powers Insurance Authority, the costs of defense shall be borne by the City, but only to the extent of such insurance coverage.

4.3.3. Prior to the commencement or continuation of any construction hereunder occurring after the City approves this Agreement, the Developer shall obtain a general liability insurance policy and maintain such policy in effect until the completion of all of the Project (as reasonably determined by the City) providing coverage for bodily injury and property damage in the minimum amount of Two Million Dollars ($2,000,000.00) per occurrence. The policy shall name, as additional insureds, the City and the Successor Agency and their officers and employees in their official capacity and while acting within the scope of their duties, against all claims, suits, or other actions of any nature brought for or on account of any deaths, injuries, damage or loss, arising out of or connected with the work of Project improvements under this Agreement.

4.3.4. Insurance coverage furnished by Developer, pursuant to this Section 4.3, may be submitted as one or more policies or part of a blanket policy, but coverage shall conform City Council Regular Meeting - Page 34 of 194
19 to this Section 4.3 and shall pertain to all activities on the Property and shall require approval by the City.

4.3.5. Developer shall furnish City a certificate of insurance from its insurer evidencing compliance with this Section 4.3 with the provision that the insurer shall endeavor not to cancel or modify the policy without thirty (30) days written notice to City. Developer shall give City prompt and timely notice of any claim made or suit instituted. Successor Agency and City, and their officers and employees, in their official capacity and while acting within the scope of their duties, shall also be named as additional insureds in any policies of Developer’s contractors covering work under this Agreement; and such policies shall comply with this Section 4.3. Coverage shall be primary and not contributing with any policy or coverage maintained by or obtained by the City or Successor Agency, and shall include an appropriate endorsement and waiver of subrogation.

4.3.6. Developer shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto, and all similar State or Federal acts or laws applicable and arising thereunder. Developer shall furnish to City a certificate of Worker’s Compensation insurance providing that the insurer shall endeavor not to cancel or modify the policy without thirty (30) days prior written notice to City. As an alternative, Developer may show proof of a certificate of consent to self-insure issued by the Director of Industrial Relations, pursuant to California Labor Code Section 3800.

Nexus/Reasonable Relationship Challenges.

The Developer consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs required by the Existing Land Use Regulations or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.

Environmental Release and Indemnity.

4.5.1. Environmental Release.
a. Developer, for itself and its successors and assigns, unconditionally releases City and Successor Agency from and against any and all liability to Developer, both known and unknown, present and future, for Environmental Damages to Developer arising out of the Remedial Actions, any violation of Environmental Requirements or the presence of Hazardous Material on, under or about the Property (the “Environmental Release”). This release does not extend to those acts, errors, or omissions that may occur subsequent to the date of this Agreement, which are the result of or are alleged to be the result of, the negligence or willful misconduct of the Successor Agency or the City (or its or their officers, officials, members, agents, employees, or representatives).

City Council Regular Meeting - Page 35 of 194
20 b. With respect to the Environmental Release, Developer, after consultation with legal counsel and with full knowledge of the consequences of its actions, waives the provisions of California Civil Code Section 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME

OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT BY THE DEBTOR.

Developer’s Initials__________

4.5.2. Environmental Indemnity.
a. Developer shall indemnify, defend, and hold City and Successor Agency harmless from and against all Environmental Damages which may arise from the acts, errors, or omissions of Developer or its contractors, subcontractors, agents, employees or other persons while acting on its behalf in relation to the Project, the Remedial Actions, or in any manner arising from any obligations pursuant to this Agreement, except for those acts, errors, or omissions caused or alleged to be caused by the negligence or willful misconduct of the Successor Agency or the City (or its or their officers, officials, members, agents, employees, or representatives), and which cause or exacerbate, in a non-de minimis manner, environmental conditions related to the presence of any Hazardous Material at, in, on, under or migrating from the Property, including without limitation:

1. all applicable (as limited per this Section 4.5.2.a.) claims, lawsuits, demands, obligations, investigations, damages, penalties, fines or actions by any federal, state, or local governmental agency (collectively, “Government Claims ”) relating to the presence of Hazardous Materials in, on, under or migrating from the Property, or the Remedial Actions of the Property;

2. all applicable (as limited per this Section 4.5.2.a.) claims, lawsuits, demands, obligations, investigations, damages (including but not limited to diminution in value of property and related stigma damages, lost profi ts and consequential damages), penalties, fines or actions by owners and operators of adjacent and nearby properties or any other persons (collectively, “Third-Party Claims”);

3. all applicable (as limited per this Section 4.5.2.a.) claims, lawsuits, demands, liabilities, damages, losses or judgments for personal injury or for injury to real or personal property;

4. all applicable (as limited per this Section 4.5.2.a.) claims, lawsuits, demands, obligations, investigations, damages, penalties, fines or actions by subsequent owners and operators of the Property or any lenders providing financing with respect to the Property arising from any Government Claims in connection with the presence of Hazardous Materials in, on, under or migrating from the Property, or the Remedial Actions of the Property; and b. Developer’s obligations under this Section 4.5.2 are collectively referred to in this Agreement as “Developer’s Environmental Indemnity Obligations”.

City Council Regular Meeting - Page 36 of 194
21 4.5.3. Pollution Legal Liability Insurance.

Developer and City agree to use best efforts to secure a Pollution Legal Liability insurance policy, with coverage limits of at least Ten Million Dollars ($10,000,000) and for a term of 10 years or longer, naming both Developer and City, that provides protection from liability for environmental issues, claims or lawsuits that may arise as to the Property, the remedial actions on the Property or the planned development of the Property. City agrees that for purposes of satisfying Developer’s Environmental Indemnity Obligations as set forth in Section 4.5.2 of this Agreement, City shall first tender such claims to the insurance carrier and under the Pollution Legal Liability insurance policy procured pursuant to this Section 4.5.3.

4.5.4. Defense of Claims.

Provided that Developer accepts any tender of any reasonable expense or reasonable claim by City and Successor Agency without any reservation, and provided that City has first tendered such claim to the insurance carrier and the Pollution Legal Liability insurance policy procured pursuant to Section 4.5.3 of this Agreement, Developer shall have the right, in consultation with City and Successor Agency, to control on behalf of City and Successor Agency any and all negotiations, settlement discussions, investigations, testing, defenses, trials, actions, proceedings, hearings, additional remediation obligations, and other resolutions with all Agencies and third parties arising out of, incidental to, or in connection with Developer’s performance of Developer’s Indemnity Obligations. If Developer does not accept a tender of any reasonable expense or reasonable claim by City and Successor Agency without reservation, City and Successor Agency shall be entitled to engage in all such matters described in the preceding sentence on its own account, and shall be entitled to recover from Developer the costs of engaging in such matters (including consultants’ fees and reasonable attorneys’ fees), provided Developer’s denial of liability is adjudicated to be in violation of the terms hereof.

Without limiting Developer’s rights as described above, Developer shall undertake reasonable consultation with City and Successor Agency with respect to matters materially involving the Property or City and Successor Agency.

4.5.5. Definitions applicable to Section 4.5. For purposes of Section 4.5 the following terms have the meanings indicated.

1. “Environmental Damages” means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys’ fees and disbursements and consultants’ fees, any of which are incurred at any time subsequent to the Effective Date of this Agreement, arising out of or relating to any Hazardous Material upon, about, beneath the Property or migrating or threatening to migrate to or from the Property, or a violation of Environmental Requirements pertaining to the Property, and including without limitation:
(a) Damages for personal injury, or injury to property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, City Council Regular Meeting - Page 37 of 194
22 lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties;
(b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local government agency or economic use of the Property or any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys ’ fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder; (c) Liability to any third person or governmental agency to indemnify su ch person or agency for costs expended in connection with the items referenced in subparagraph (ii) herein; and
(d) Diminution in the value of the Property, and damages for the loss of business and restriction on the use of or adverse impact on the marketi ng of rentable or usable space or of any amenity of the Property.

2. “Environmental Requirements” means all applicable present and future statutes regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including, without limitation:
(a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediat ion of emissions, discharges, releases, or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface w ater, groundwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes, wheth er solid, liquid, or gaseous in nature; and
(b) All requirements pertaining to the protection of the health and safety of employees or the public.

3. “Hazardous Material” means any substance:
(a) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or (b) which is or becomes defined as a “hazardous waste, ” “hazardous substances,” pollutant or contaminant under any federal, state or local statute, re gulation, rule or City Council Regular Meeting - Page 38 of 194
23 ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); and/or the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); or (c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or (d) the presence of which on the Property poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or (e) which co ntains petroleum, petroleum products or other hydrocarbon substances; or
(f) which contains polychlorinated biphenyls (PCB ’s), asbestos, urea formaldehyde foam insulation or radon gas.

Relocation Requirements.

Developer shall undertake and complete any relocation of owners, tenants or other property interests which may be required by federal or state laws, rules or regulations to implement the Project. Such costs of relocation shall be taken into account in determining the fair market value, and therefore the purchase price, for the Receiver-Controlled Properties.

ANNUAL REVIEW
Annual Review. The annual review required by California Government Code Section 65865.1 shall be conducted for the purposes and in the manner stated in those laws as further provided herein. As part of that review, City and Developer shall have a reasonable opportunity to assert action(s) that either Party believes have not been undertaken in accordance with this Development Agreement, to explain the basis for such assertion, and to receive from the other Party a justification for the other Party’s position with respect to such action(s), and to take such actions as permitted by law.

The procedure set forth in this Article shall be used by Developer and City in complying with the annual review requirement.

Commencement of Process. The Director of City’s Department of Planning (the “Planning Director”) shall commence the annual review process by notifying Developer in writing at least forty-five (45) days prior to the anniversary of the Effective Date each year that the annual review process shall commence as specified in Section 5.1. Failure of Planning Director to send such notification shall be deemed to extend the time period in which annual review is required until at least forty-five (45) days after such notice is provided. City’s failure to perform an annual review pursuant to the terms of the Article 6 shall not constitute or be asserted as a default by Developer.

Developer Compliance Letter. Not less than thirty (30) days after receipt of the Planning Director’s notice pursuant to Section 5.2, Developer shall submit a letter to the Planning Director demonstrating Developer’s good faith compliance with the material terms and conditions of this City Council Regular Meeting - Page 39 of 194
24 Development Agreement and shall include in the letter a statement that the letter is being submitted to City pursuant to the requirements of Government Code Section 65865.1.

Planning Director Review. Within thirty (30) days after the receipt of Developer’s letter, the Planning Director shall review Developer’s submission and determine whether Developer has, for the year under review, demonstrated good faith compliance with the material terms and conditions of this Development Agreement.

Planning Director Compliance Finding. If the Planning Director finds that Developer has so complied, the Planning Director shall schedule the annual review for the next available meeting of the City Council and shall prepare a staff report to the City Council, which shall include, in addition to Developer’s letter, (i) a demonstration of City’s good faith compliance with the material terms and conditions of this Development Agreement; and (ii) the Planning Director’s recommendation that the City Council find Developer to be in good faith compliance with the material terms and conditions of this Development Agreement.

Planning Director Noncompliance Finding. If the Planning Director (or the City Council, on review of the Planning Director’s recommendation pursuant to Section 5.5) finds and determines that there is substantial evidence that Developer has not complied in good faith with the material terms and conditions of this Development Agreement and that Developer is in material breach of this Development Agreement for the year under review, the Planning Director shall issue and deliver to Developer a written “Notice of Default” specifying in detail the nature of the failures in performance that the Planning Director (or City Council) claim constitutes material noncompliance, all facts demonstrating substantial evidence of material noncompliance , and the manner in which such noncompliance may be satisfactorily cured in accordance with the Development Agreement. In the event that the material noncompliance is an Event of Default pursuant to Article 7 herein, the Parties shall be entitled to their respective rights and obligations under both Articles 5 and 7 herein, except that the particular entity allegedly in default shall be accorded only one of the sixty (60)-day cure periods referred to in Sections 5.7 and 7.1 herein.

Cure Period. If the Planning Director or City Council finds that Developer is not in compliance, the Planning Director shall grant a reasonable period of time for Developer to cure the alleged noncompliance. The Planning Director shall grant a cure period of at least sixty (60) days and shall extend the sixty (60) day period if Developer is proceeding in good faith to cure the noncompliance and additional time is reasonably needed. At the conclusion of the cure period, the Planning Director shall either (i) find that Developer is in compliance, or (ii) find that Developer is not in compliance and refer the matter to the City Council as specified in Section 5.8.

Referral of Noncompliance to City Council. The Planning Director shall refer the alleged default to the City Council if Developer fails to cure the alleged noncompliance to the Planning Director’s reasonable satisfaction during the prescribed cure period and any extensions thereto. The Planning Director shall refer the alleged noncompliance to the City Council if Developer requests a hearing before the City Council. The Planning Director shall prepare a staff report to the City Council which shall include, in addition to Developer’s letter, (i) demonstration of City’s good faith compliance City Council Regular Meeting - Page 40 of 194
25 with the terms and conditions of this Development Agreement; (ii) the Notice of Default; and (iii) a description of any cure undertaken by Developer during the cure period.

Delivery of Documents. At least five (5) days prior to any City hearing regarding Developer’s compliance with this Development Agreement, City shall deliver to Developer all staff reports and all other relevant documents pertaining to the hearing.

City Council Compliance Finding. If the City Council, following a noticed public hearing pursuant to Section 5.5 or 5.8, determines that Developer is in compliance with the material terms and conditions of this Development Agreement the annual review shall be deemed concluded.

City shall, at Developer’s request, issue and have recorded a Certificate of Compliance indicating Developer’s compliance with the terms of this Development Agreement.

City Council Noncompliance Finding. If the City Council, at a properly noticed public hearing pursuant to Section 5.5 or 5.8, finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with the material terms or conditions of this Development Agreement and that Developer is in material breach of this Development Agreement, Developer shall have a reasonable time determined by the City Council to meet the reasonable terms of compliance approved by the City Council, which time shall be not less than forty-five (45) days. If Developer does not complete the terms of compliance within the time specified, the City Council shall hold a public hearing regarding termination or modification of this Development Agreement. Notification of intention to modify or terminate this Development Agreement shall be delivered to Developer by certified mail containing: (i) the time and place of the City Council hearing; (ii) a statement as to whether City proposes to terminate or modify this Development Agreement and the terms of any proposed modification; and (iii) any other information reasonably necessary to inform Developer of the nature of the proceedings. At the time of the hearing, Developer shall be given an opportunity to be heard. The City Council may impose conditions to the action it takes as necessary to protect the interests of City; provided that any modification or termination of this Development Agreement pursuant to this provision shall bear a reasonable nexus to, and be proportional in severity to the magnitude of, the alleged breach, and in no event shall termination be permitted except in accordance with Article 7 herein.

Relationship to Default Provisions. The above procedures shall supplement and shall not replace that provision of Section 7.4 of this Development Agreement whereby either City or Developer may, at any time, assert matters which either Party believes have not been undertaken in accordance with this Development Agreement by delivering a written Notice of Default and following the procedures set forth in said Section 7.4.

AMENDMENTS
Amendments to or Cancellation of Development Agreement. This Development Agreement may be amended from time to time or canceled in whole or in part by mutual consent of both Parties in writing in accordance with the provisions of the Development Agreement Legislation and the City Development Agreement Regulations. Review and approval of an amendment to this Development Agreement shall be strictly limited to consideration of only those provisions to be added or modified.

No amendment, modification, waiver or change to this Development Agreement or any provision hereof shall be effective for any purpose unless specifically set forth in a writing that expressly refers to this City Council Regular Meeting - Page 41 of 194
26 Development Agreement and signed by the duly authorized representatives of both Parties. All amendments to this Development Agreement shall automatically become part of the Project Approvals.

All Amendments shall be recorded and reference the recording information for this Agreement.

Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Development Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall effectuate such clarifications through operating memoranda approved in writing by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Development Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section 6.2 or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section 6.1 above. The City Manager shall be authorized to execute any operating memoranda hereunder on behalf of City.

Amendments to Project Approvals. Notwithstanding any other provision of this Development Agreement, Developer may seek and City may review and grant amendments or modifications to the Project Approvals (including the Subsequent Approvals) subject to the following (except that the procedures for amendment of this Development Agreement are set forth in Section 6.1 herein).

6.3.1. Amendments to Project Approvals. Project Approvals (except for this Development Agreement the amendment process for which is set forth in Section 6.1) may be amended or modified from time to time, but only at the written request of Developer or with the written consent of Developer (at its sole discretion) and in accordance with Section 3.3. All amendments to the Project Approvals shall automatically become part of the Project Approvals.

The permitted uses of the Property, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions and requirements for subsequent discretionary actions, the provisions for public improvements and financing of public improvements, and the other terms and conditions of development as set forth in all such amendments shall be automatically vested pursuant to this Development Agreement, without requiring an amendment to this Development Agreement. Amendments to the Project Approvals shall be governed by the Project Approvals and the Applicable Rules, subject to Section 3.3. The City shall not request, process or consent to any amendment to the Project Approvals that would affect the Property or the Project without Developer’s prior written consent.

6.3.2. Administrative Amendments. Upon the request of Developer for an amendment or modification of any Project Approval, the Planning Director or his/her designee shall determine: (a) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (b) whether the requested amendment or modification substantially conforms with the material terms of this Development Agreement and the Applicable Rules. If the Planning Director or his/her designee finds that the requested City Council Regular Meeting - Page 42 of 194
27 amendment or modification is both minor and substantially conforms with the material terms of this Development Agreement and the Applicable Rules, the amendment or modification shall be determined to be an “Administrative Amendment,” and the Planning Director or his/her designee may approve the Administrative Amendment, without public notice or a public hearing. Without limiting the generality of the foregoing, lot line adjustments, non-substantial reductions in the density, intensity, scale or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, changes in trail alignments, variations in the location of structures that do not substantially alter the design concepts of the Project, substitution of comparable landscaping for any landscaping shown on any development plan or landscape plan, variations in the location or installation of utilities and other infrastructure connections and facilities that do not substantially alter design concepts of the Project, amendments to the master sign program, and minor adjustments to a subdivision map or the Property legal description shall be deemed to be minor amendments or modifications. Any request of Developer for an amendment or modification to a Project Approval that is determined not to be an Administrative Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Rules and this Agreement.

DEFAULT, REMEDIES AND TERMINATION
Events of Default. Subject to any extensions of time by mutual consent of the Parties in writing, and subject to the provisions of Section 10.2 hereof regarding permitted delays and a Mortgagee’s right to cure pursuant to Section 10.3 hereof, any failure by either Party to perform any material term or provision of this Development Agreement shall constitute an “Event of Default,” (i) if such defaulting Party does not cure such failure within sixty (60) days (such sixty (60) day period is not in addition to any sixty (60) day cure period under Section 5.7, if Section 5.7 is applicable) following written notice of default from the other Party, where such failure is of a nature that can be cured within such sixty (60) day period, or (ii) if such failure is not of a nature which can be cured within such sixty (60) day period, the defaulting Party does not within such sixty (60) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure. Any notice of default given hereunder shall specify in detail the nature of the failures in performance that the noticing Party claims constitutes the Event of Default, all facts constituting substantial evidence of such failure, and the manner in which such failure may be satisfactorily cured in accordance with the terms and conditions of this Development Agreement. During the time periods herein specified for cure of a failure of performance, the Party charged therewith shall not be considered to be in default for purposes of (a) termination of this Development Agreement, (b) institution of legal proceedings with respect thereto, or (c) issuance of any approval with respect to the Project. The waiver by either Party of any default under this Development Agreement shall not operate as a waiver of any subsequent breach of the same or any other provision of this Development Agreement.

Meet and Confer. During the time periods specified in Section 7.1 for cure of a failure of performance, the Parties shall meet and confer in a timely and responsive manner, to attempt to resolve any matters prior to litigation or other action being taken, including without limitation any action in law or equity; provided, however, nothing herein shall be construed to extend the time period for this meet and confer obligation beyond the sixty (60)-day cure period referred to in Section 7.1 (even if the City Council Regular Meeting - Page 43 of 194
28 sixty (60)-day cure period itself is extended pursuant to Section 7.1 unless the Parties agree otherwise in writing.

Remedies and Termination. If, after notice and expiration of the cure periods and procedures set forth in Sections 7.1 and 7.2, the alleged Event of Default is not cured, the non-defaulting Party, at its option, may institute legal proceedings pursuant to Section 7.4 of this Development Agreement and/or terminate this Development Agreement pursuant to Section 7.6 herein. In the event that this Development Agreement is terminated pursuant to Section 7.6 herein and litigation is instituted that results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.

Legal Action by Parties.

7.4.1. Remedies. Either Party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the Parties hereto or to obtain any remedies consistent with the purpose of this Development Agreement. All remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy.

7.4.2. No Damages. In no event shall either Party, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or the performance of obligations requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to obligations to pay attorneys’ fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Effects of Litigation. In the event that litigation is timely instituted, and a final judgment is obtained, which invalidates in its entirety this Development Agreement, then Developer shall have no obligations whatsoever under this Development Agreement. In the event that any payment(s) have been made by or on behalf of Developer to City pursuant to the obligations contained in Section 8.6, City shall give to Developer a refund of the monies remaining in any segregated City account into which such payment(s) were deposited, if any, along with interest which has accrued, if any. To the extent the payment(s) made by or on behalf of Developer were not deposited, or no longer City Council Regular Meeting - Page 44 of 194
29 are, in the segregated City account, City shall give Developer a credit for the amount of said payment(s) as determined pursuant to this Section 7.5, along with interest, if any, that has accrued, which credit may be applied by Developer to any costs or fees imposed by City on Developer in connection with construction or development within or outside the Property. Developer shall be entitled to use all or any portion of the credit at its own discretion until such time as the credit has been depleted. Any credits due to Developer pursuant to this Section 7.5 may, at Developer’s own discretion, be transferred by Developer to a third party for application by said third party to any costs or fees imposed by City on the third party in connection with construction or the development of property within City, whether or not related to the Project. In the event that Developer has already developed or is developing a portion of the Project at the time of any invalidation of the Development Agreement, then any such refund or credit shall be limited to the amount paid by Developer that exceeds, on a pro rata basis, the proportion and uses of the Property retained by Developer to the entire Property. This Section 7.5 shall survive the termination or expiration of this Development Agreement.

Termination.

7.6.1. Expiration of Term. Except as otherwise provided in this Development Agreement, this Development Agreement shall be deemed terminated and of no further effect upon the expiration of the Term of this Development Agreement as set forth in Section 1.3.

7.6.2. Survival of Obligations. Upon the termination or expiration of this Development Agreement as provided herein, neither Party shall have any further right or obligation with respect to the Property under this Development Agreement except with respect to any obligation that is specifically set forth as surviving the termination or expiration of this Development Agreement. The termination or expiration of this Development Agreement shall not affect the validity of the Project Approvals (other than this Development Agreement) for the Project.

7.6.3. Termination by City. Notwithstanding any other provision of this Development Agreement, City shall not have the right to terminate this Development Agreement with respect to all or any portion of the Property before the expiration of its Term unless City complies with all termination procedures set forth in the Development Agreement Legislation and there is an alleged Event of Default by Developer and such Event of Default is not cured pursuant to Article 5 herein or this Article 7 and Developer has first been afforded an opportunity to be heard regarding the alleged default before the City Council and this Development Agreement is terminated only with respect to that portion of the Property to which the default applies. Compliance with the procedures set forth in Sections 7.1 through 7.3 and 7.6.3 shall be deemed full compliance with the requirements of the California Claims Act (Government Code Section 900 et seq.) including, but not limited to, the notice of an event of default hereunder constituting full compliance with the requirements of Government Code Section 910.

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30 COOPERATION AND IMPLEMENTATION
Performance Deposit.

8.1.1. Within thirty (30) days of the execution of this Agreement Developer shall provide to City a Performance Deposit (“Performance Deposit”), in the form of a cash deposit or other form acceptable to the City in the amount of One Hundred Thousand Dollars ($100,000.00) ensuring Developer’s compliance with the terms of this Agreement. The Performance Deposit shall be placed in an interest-bearing account. The party entitled to receive the Performance Deposit or any portion thereof, shall also be entitled to receive any interest earned thereon, or any proportionate share of interest earned on the portion received.

8.1.2. The Performance Deposit shall be released at the time Developer has received a Certificate of Occupancy from City for the completion of all the improvements on the Sites developed under the terms of this Agreement, provided no funds remain due from Developer to City.

8.1.3. City may withdraw funds from the Performance Deposit to:
a. Pay any sums owed by Developer to City pursuant to this Agreement. b. Upon default or abandonment of the Project by Developer, to place the Property in a secure and safe condition such as by elimina ting any unsafe conditions or fencing the Property.
c. To pay any sums reasonably incurred by City as a result of a default by Developer.
d. To pay any sums reasonably incurred by City in preparing, negotiating, and implementing this Development Agreement. Such sums may include attorney fees, City staff time or consultant’s fees.

8.1.4. In lieu of the Performance Deposit the Developer may deposit a bond, to be approved by the City in its sole discretion, to perform the same functions as the Performance Deposit.

Further Actions and Instruments. Each Party to this Development Agreement shall cooperate with and provide reasonable assistance to the other Party and take all actions necessary to ensure that the Parties receive the benefits of this Development Agreement, subject to satisfaction of the conditions of this Development Agreement. Upon the request of any Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development City Council Regular Meeting - Page 46 of 194
31 Agreement or to evidence or consummate the transactions contemplated by this Development Agreement.

Regulation by Other Public Agencies. Other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Development Agreement does not limit the authority of such other public agencies. Nevertheless, City shall be bound by, and shall abide by, its covenants and obligations under this Development Agreement in all respects when dealing with any such agency regarding the Property.

Other Governmental Permits and Approvals; Grants. Developer shall apply in a timely manner in accordance with Developer’s construction schedule for the permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development of, or provision of services to, the Project. Developer shall comply with all such permits, requirements and approvals. City shall cooperate with Developer in its endeavors to obtain (a) such permits and approvals and shall, from time to time, at the request of Developer, attempt with due diligence and in good faith to enter into binding agreements with any such entity to ensure the availability of such permits and approvals, or services, at each stage of the development of the Project; and (b) any grants for the Project for which Developer applies.

Revision to Project. In the event of a court order issued as a result of a successful legal challenge, City shall, to the extent permitted by law or court order, in good faith seek to comply with the court order in such a manner as will maintain the integrity of the Project Approvals and avoid or minimize to the greatest extent possible (i) any impact to the development of the Project as provided for in, and contemplated by, the Vested Elements, or (ii) any conflict with the Vested Elements or frustration of the intent or purpose of the Vested Elements.

Implementation Costs Incurred by City. The Parties acknowledge and agree that the provisions of this Development Agreement require a close degree of cooperation between City and Developer, and Developer agrees to reimburse to the City any sums reasonably incurred by City in preparing, negotiating, and implementing this Development Agreement. Such sums may include attorney fees, City staff time or consultant’s fees. Such reimbursement shall be remitted to City within thirty (30) days of presentation of an invoice from the City describing such costs.

TRANSFERS AND ASSIGNMENTS
Right to Assign. Developer may, subject to the terms of this Section 9.1, sell, assign or transfer (“Transfer”) in whole or in part its rights, duties and obligations under this Development Agreement, to any person or entity at any time during the Term of this Development Agreement; provided, however, in no event shall the rights, duties and obligations conferred upon Developer pursuant to this Development Agreement be at any time so Transferred except through a transfer of Developer’s legal and/or equitable interests in the Property. In the event of a transfer of a portion of the Property, Developer shall have the right to Transfer its rights, duties and obligations under this Development Agreement that are applicable to the transferred portion, and to retain all rights, duties and obligations applicable to the retained portions of the Property. Developer shall obtain City’s prior written consent to any Transfer, which consent shall not be unreasonably withheld or delayed. City may City Council Regular Meeting - Page 47 of 194
32 refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the Planning Director, and is appealable by Developer to the City Council. Upon Developer’s request, City shall cooperate with Developer and any proposed transferee to allocate rights, duties and obligations under this Development Agreement and the Project Approvals among the transferred Property and the retained Property.

Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Development Agreement shall be binding upon the Parties and their respective successors (by merger, reorganization, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all of the persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Development Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder (i) is for the benefit of such Property and is a burden upon such Property, (ii) runs with such Property, (iii) is binding upon each Party and each successive owner during its ownership of such Property or any portion thereof, and (iv) each person or entity having any interest therein derived in any manner through any owner of such Property, or any portion thereof, and shall benefit the Property hereunder, and each other person or entity succeeding to an interest in such Property.

MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE
Mortgagee Protection. This Agreement shall not prevent or limit Developer in any manner, at Developer’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property (“Mortgage”). This Development Agreement shall be superior and senior to any lien placed upon the Property or any portion thereof after the date of recording this Development Agreement, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Development Agreement shall be binding upon and effective against and inure to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee (“Mortgagee”) who acquires title to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.

Mortgagee Not Obligated.Notwithstanding the provisions of Section 10.1 above, no Mortgagee shall have any obligation or duty under this Development Agreement to perform Developer’s obligations or other affirmative covenants of Developer hereunder; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Development Agreement, or by the Project Approvals and Applicable Rules.

Notice of Default to Mortgagee; Right of Mortgagee to Cure.If City receives a notice from a Mortgagee requesting a copy of any Notice of Default given to Developer hereunder and City Council Regular Meeting - Page 48 of 194
33 specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed a default, and if City makes a determination of noncompliance hereunder, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Developer. Each Mortgagee shall have the right (but not the obligation) during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the Event of Default claimed or the areas of noncompliance set forth in City’s notice.

No Supersedure.Nothing in this Article 10 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision improvement agreement or other obligation incurred with respect to the Project outside this Development Agreement, nor shall any provision of this Article 10 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 10.3.

Technical Amendments to this Article 10.City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Property or any refinancing thereof and to otherwise cooperate in good faith to facilitate Developer’s negotiations with lenders.

MISCELLANEOUS PROVISIONS
Limitation on Liability. Notwithstanding anything to the contrary contained in this Development Agreement, in no event shall: (a) any partner, officer, director, member, shareholder, employee, affiliate, manager, representative, or agent of Developer or any general partner of Developer or its general partners be personally liable for any breach of this Development Agreement by Developer, or for any amount which may become due to City under the terms of this Development Agreement; or (b) any member, officer, agent or employee of City be personally liable for any breach of this Development Agreement by City or for any amount which may become due to Developer under the terms of this Development Agreement.

Force Majeure.The Term of this Development Agreement and the Project Approvals and the time within which Developer shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably and beyond the reasonable control of the Party seeking the delay by strikes, lock-outs and other labor difficulties, Acts of God, inclement weather, pandemic, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, changes in local, state or federal laws or regulations, any development moratorium or any action of any public agency that prevents, prohibits, or delays construction of the Project, including, without limitation, a reduction in available staffing necessary to process and issue approvals, licenses, entitlements, permits, or decisions relating to the development of the Project, the failure of the City to complete the street vacations described in Section 3.11.1 or perform any other action required by the City hereunder, any enemy action, civil disturbances, wars, terrorist acts, fire, unavoidable casualties, or litigation involving this Agreement or the Project Approvals. Such extension(s) of time shall not constitute an Event of Default and shall occur at the request of any Party.

In addition, the Term of this Development Agreement and any subdivision map or any of the other City Council Regular Meeting - Page 49 of 194
34 Project Approvals shall not include any period of time during which (i) a development moratorium including, but not limited to, a water or sewer moratorium, is in effect; (ii) the actions of public agencies that regulate land use, development or the provision of services to the Property prevent, prohibit or delay either the construction, funding or development of the Project or (iii) there is any mediation, arbitration; litigation or other administrative or judicial proceeding pending involving the Vested Elements, or Project Approvals. The Term of the Project Approvals shall therefore be extended by the length of any development moratorium or similar action; the amount of time any actions of public agencies prevent, prohibit or delay the construction, funding or development of the Project or prevents, prohibits or delays the construction, funding or development of the Project; or the amount of time to finally resolve any mediation, arbitration, litigation or other administrative or judicial proceeding involving the Vested Elements, or Project Approvals.

Notices, Demands and Communications Between the Parties.Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if delivered personally (including delivery by private courier), delivered by nationally recognized overnight courier service to the offices of City and Developer indicated below, or by fax or email with appropriate electronic proof of delivery. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either Party may from time-to-time designate in writing at least fifteen (15) days prior to the name and/or address change and as provided in this Section 11.3.

City: City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: City Manager

with copies to: City Attorney City of Lynwood
13181 Crossroads Parkway North
City of Industry, CA 91746
Attn: City Attorney

City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Planning Director

Developer: Lynwood Springs, LLC
40 Pacifica, 15th Floor
Irvine, CA 92618
Attn: Carl Middleton

with copies to: Brown & Streza LLP
40 Pacifica, 15th floor
Irvine, CA 92618
Attn: Vincent Le Pore, Esq.

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35 Notices personally delivered shall be deemed to have been received upon delivery. Notices delivered by overnight courier service or electronic means as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit.

Project as a Private Undertaking; No Joint Venture or PartnershipThe Project constitutes private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. Nothing contained in this Development Agreement or in any document executed in connection with this Development Agreement shall be construed as making City and Developer joint venturers or partners.

Severability.If any terms or provision(s) of this Development Agreement or the application of any term(s)or provision(s) of this Development Agreement to a particular situation, is (are) held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Development Agreement or the application of this Development Agreement to other situations, shall remain in full force and effect unless amended or modified by mutual consent of the Parties; provided that, if the invalidation, voiding or enforceability would deprive either City or Developer of material benefits derived from this Development Agreement, or make performance under this Development Agreement unreasonably difficult, then City and Developer shall meet and confer and shall make good faith efforts to amend or modify this Development Agreement in a manner that is mutually acceptable to City and Developer. Notwithstanding the foregoing, if any material provision of this Development Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, which impacts Developer’s ability to complete the project as agreed, expected or within reasonable budgetary constraints, then City and Developer shall meet and confer and shall make good faith efforts to amend or modify this Development Agreement in a manner that renders the Agreement valid and enforceable, and is mutually acceptable to City and Developer. If such negotiations are unsuccessful, then City or Developer may terminate this Development Agreement by providing written notice of such termination to the other Party.

Section Headings.Article and Section headings in this Development Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Development Agreement.

Construction of Agreement.This Development Agreement has been reviewed and revised by legal counsel for both Developer and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Development Agreement.

Entire Agreement. This Development Agreement may be executed in one or more counterparts, each of which is deemed to be an original, which, together with the Project Approvals, constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. The recitals are incorporated by reference into this Development Agreement.

Estoppel Certificates.Either Party may, at any time during the Term of this Development Agreement, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (i) this Development Agreement City Council Regular Meeting - Page 51 of 194
36 is in full force and effect and a binding obligation of the Parties, (ii) this Development Agreement has not been amended or modified either orally or in writing, or if amended; identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Development Agreement, or if in default, to describe therein the nature and amount of any such defaults, and (iv) any other information reasonably requested. The Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within twenty (20) days following the receipt thereof. Either the City Manager or the Planning Director shall have the right to execute any certificate requested by Developer hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

Recordation.Pursuant to California Government Code Section 65868.5, within ten (10) days after the later of execution of the Parties of this Development Agreement or the Effective Date, the City Clerk shall record this Development Agreement with the Los Angeles County Recorder.

Thereafter, if this Development Agreement is terminated, modified or amended, the City Clerk shall record notice of such action with the Los Angeles County Recorder.

No Waiver.No delay or omission by either Party in exercising any right or power accruing upon noncompliance or failure to perform by the other Party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought, and any such waiver shall not be construed as a waiver of any succeeding breach or non-performance of the same or other covenants and conditions hereof.

Time Is of the Essence. Time is of the essence for each provision of this Development Agreement for which time is an element.

Applicable Law.This Development Agreement shall be construed and enforced in accordance with the laws of the State of California.

Third Party Beneficiaries.Except as otherwise provided herein, City and Developer hereby renounce the existence of any third party beneficiary to this Development Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third party beneficiary status.

Constructive Notice and Acceptance.Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference City Council Regular Meeting - Page 52 of 194
37 to this Development Agreement is contained in the instrument by which such person acquired an interest in the Property.

Counterparts.This Development Agreement may be executed by each Party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.

Authority.The persons signing below represent and warrant that they have the authority to bind their respective Party and that all necessary board of directors’, shareholders’, partners’, city councils’, redevelopment agencies’ or other approvals have been obtained.

IN WITNESS WHEREOF, City and Developer have executed this Development Agreement as of the date first set forth above.

DEVELOPER:

Lynwood Springs, LLC,
a California limited liability company

By: __________________________________
Name: Carl Matthew Middleton
Title: Manager

By: __________________________________
Name: Oscar Gonzalez
Title: Manager

City Council Regular Meeting - Page 53 of 194
38 CITY:

CITY OF LYNWOOD,
a California municipal corporation

By: __________________________________
Name: Jorge Casanova _____________________
Title: Mayor ____________________________

ATTESTATION:

By: ________________________
Maria Quionez, City Clerk
APPROVED AS TO FORM:

By: ________________________
Noel Tapia, City Attorney

By: ______________________________________
Andrew Fogg/Preston Brooks, Special Counsel

City Council Regular Meeting - Page 54 of 194
Notary - 1

STATE OF CALIFORNIA )
) ss:

COUNTY OF ) On ______________, 202_ before me, _____________________________________________ Notary Public (insert name and title of the officer),
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________________

[Seal]

A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.

City Council Regular Meeting - Page 55 of 194
Notary - 2

STATE OF CALIFORNIA )
) ss:

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________________

[Seal]

City Council Regular Meeting - Page 56 of 194
Exhibit A - 1

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

(attached)
City Council Regular Meeting - Page 57 of 194
Exhibit A - 2
EXHIBIT A-1

LEGAL DESCRIPTION OF DEVELOPER OWNED PROPERTY

APN: 6175-002-001

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 11555 Lewis St, Lynwood, CA 90262, and described as follows:

APN: 6175-002-002

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 11553 Lewis St, Lynwood, CA 90262, and described as follows:

APN: 6175-002-003

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 11547 Lewis St, Lynwood, CA 90262, and described as follows:

City Council Regular Meeting - Page 58 of 194
Exhibit A - 3

APN: 6175-009-006

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 11605 Lewis St, Lynwood, CA 90262, and described as follows:

City Council Regular Meeting - Page 59 of 194
Exhibit A - 4
EXHIBIT A-2

LEGAL DESCRIPTION OF RECEIVER-CONTROLLED PROPERTY

APN: 6175-002-004

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 3525 Lynwood Road, Lynwood, CA 90262, and described as follows:

THE EAST 54.5 FEET OF THE WEST 97.5 FEET OF SOUTH 50 FEET OF LOT 520 & THE EAST 54.5 FEET OF THE WEST 97.5 FEET MEASURED ALONG THE NORTH LINE OF LOT 519 OF TRACT 2551, AS PER MAP RECORDED IN BOOK 24, PAGES 78 TO 80 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6175-002-005

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 3521 Lynwood Road, Lynwood, CA 90262, and described as follows:

THAT PORTIONS OF LOT 519 AND THAT PORTION OF THE SOUTHERLY HALF LOT 520 OF TRACT NO. 2551 AS PER MAP RECORDED IN BOOK 24, PAGES 78 TO 80 INCLUSIVE OF MAPS,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND DISTANT EASTERLY 43 FEET, MEASURED AT RIGHT ANGLES FROM THE

CONTINUOUS WESTERLY LINES OF SAID LOTS AND THE SOUTHERLY PROLONGATION THEREOF.

APN: 6175-002-028

The real property in the City of Lynwood, County of Los Angeles, State of California described as follows:

THOSE PORTION OF LOTS 536 AND 537 AND THAT PORTION OF THE NORTH 50 FEET OF 520 OF TRACT NO. 2551, AS SHOWN ON MAP RECORDED IN BOOK 24, PAGES 78, 79 AND 80 OF

MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:

COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 749 OF TRACT NO. 3078, AS SHOWN ON MAP RECORDED IN BOOK 31, PAGE 48 OF MAPS IN SAID OFFICE, SAID CORNER BEING IN THE SOUTHERLY LINE OF LYNWOOD ROAD, 40.00 FEET WIDE, AS SHOWN ON SAID TRACT MAP;
THENCE ALONG THE SOUTHERLY LINE OF SAID LYNWOOD ROAD, SOUTH 72° 00' 51" EAST,

4.83 FEET;
THENCE NORTH 3° 16' 27" WEST, 4.71 FEET TO A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 54.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 46° 29' 04" AN ARC City Council Regular Meeting - Page 60 of 194
Exhibit A - 5
DISTANCE OF 43.81 FEET TO A COMPOUND CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 312.00 FEET;
THENCE NORTHEASTERLY ALONG SAID COMPOUND CURVE THROUGH AN ANGLE OF 3° 25' 38", AN ARC DISTANCE OF 18.66 FEET TO A NON-TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 325.00 FEET AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;

THENCE NORTHEASTERLY ALONG LAST SAID CURVE FROM A TANGENT WHICH BEARS NORTH 52° 14' 28" EAST, THROUGH AN ANGLE OF 54° 25' 28", AN ARC DISTANCE OF 308.71 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 520, DISTANT ALONG SAID EASTERLY LINE NORTH 03° 15' 15" WEST, 17.55 FEET FROM THE SOUTHERLY LINE OF SAID NORTH 50 FEET; THENCE SOUTH 03° 15' 15" EAST, 17.55 FEET TO SAID SOUTHERLY LINE; THENCE ALONG SAID SOUTHERLY LINE SOUTH 86° 44' 45" WEST, 180.04 FEET TO THE EASTERLY LINE OF SAID LOT 537;
THENCE ALONG LAST SAID EASTERLY LINE SOUTH 03° 16' 04" EAST, 90.14 FEET TO THE SOUTHERLY LINE OF SAID LOT 537;
THENCE ALONG LAST SAID SOUTHERLY LINE NORTH 72° 00' 51" WEST, 19.10 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 42.00 FEET; THENCE NORTHWESTERLY ALONG LAST SAID CURVE THROUGH AN ANGLE OF 62° 41' 19", AN ARC DISTANCE OF 45.95 FEET TO A REVERSE CURVE, SOUTHERLY AND HAVING A RADIUS OF

43.00 FEET;

THENCE NORTHERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID REVERSE CURVE THROUGH AN ANGLE OF 124° 02' 13", AN ARC DISTANCE OF 93.09 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM, ALL OIL, MINERALS, NATURAL GAS, AND OTHER HYDROCARBONS BY

WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE HEREIN CONVEY ED

PARCEL OF LAND, AND THE RIGHTS THERETO, TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED IN DEED (STATE PARCEL 62205) TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 29, 1974 IN BOOK D6488, PAGE 388, IN DEED (STATE PARCEL 62206) RECORDED AUGUST 11, 1972 IN BOOK D5563, PAGE 582 AND IN DEED (STATE PARCEL 58274) RECORDED AUGUST 16, 1973, IN BOOK D5984, PAGE 735, ALL OF OFFICIAL RECORDS IN SAID OFFICE.

ALSO EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL

GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN

THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED,

TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING

THEREFORE AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING

THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN

THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INFO,

THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO

BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS , TUNNELS AND SHAFTS

UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL,

RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES,

WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE

DESCRIBED OR OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, RECORDED AUGUST 11 , 1972.

TITLE ACQUIRED BY DEED FROM MORTON MARCOLESCO AND LUCILLE O. MARCOLESCO, HUSBAND AND WIFE RECORDED AUGUST 11, 1972.

City Council Regular Meeting - Page 61 of 194
Exhibit A - 6
APN: 6175-003-013

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 3545 Lynwood Road, Lynwood, CA 90262, and described as follows:

THAT PORTION OF LOT 518, TRACT 2551, IN THE CITY OF LYNWOOD, AS PER MAP RECORDED IN BOOK 24, PAGES 78 TO 80 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 518;
THENCE SOUTH 70° 55' EAST LONG THE SOUTHERLY LINE THEREOF, 70 FEET; THENCE NORTHERLY IN A DIRECT LINE TO A POINT IN THE NORTHERLY LINE OF SAID 518, DISTANT THEREON NORTH 86° 56' EAST 80 FEET FROM THE NORTHWESTERLY CORNER THEREOF;
THENCE SOUTH 86° 56' WEST ALONG SAID NORTHERLY LINE 80 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 518;
THENCE SOUTH 3° 04' EAST ALONG THE WESTERLY LINE OF SAID LOT 518, A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING.

APN: 6175-003-014

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 3547 Lynwood Road, Lynwood, CA 90262, and described as follows:

A PORTION OF LOT 518, TRACT 2551, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGE 78 THROUGH 80 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 518, 70 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID LOT;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT TO A POINT 50.51 FEET EASTERLY FROM THE POINT OF BEGINNING;

THENCE NORTHERLY IN A STRAIGHT LINE TO A POINT IN THE NORTHERLY LINE OF SAID LOT 130 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 50 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE TO THE POINT BEGINNING.

APN: 6175-003-015

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 3551 Lynwood Road, Lynwood, CA 90262, and described as follows:

THAT PORTION OF LOT 518 OF TRACT 2551 AS PER MAP RECORDED IN BOOK 24, PAGES 78 TO 80 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT DISTANT City Council Regular Meeting - Page 62 of 194
Exhibit A - 7
SOUTHEASTERLY THEREON 120.51 FEET FROM THE SOUTHWEST CORNER OF SAID LOT;

THENCE NORTHERLY, IN A DIRECT LINE, TO A POINT IN THE NORTHERLY LINE OF SAID LOT DISTANT EASTERLY THEREON 130.00 FEET FROM THE NORTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE NORTHEAST CORNER OF SAID LOT;

THENCE SOUTHERLY, IN A DIRECT LINE, TO A POINT IN THE SAID SOUTHWESTERLY LINE DISTANT NORTHWESTERLY THEREON 22 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE TO THE POINT OF BEGINNING.

APN: 6175-003-017

The real property in the City of Lynwood, County of Los Angeles, State of California described as follows:

THAT PORTION OF THE SOUTHERLY ONE-HALF OF LOT 516 AND THAT PORTION OF LOT 517, BOTH OF TRACT NO. 2551, AS SHOWN ON MAP RECORDED IN BOOK 24, PAGES 78 TO 80

INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 517;
THENCE ALONG THE WESTERLY LINE OF SAID LOT 517, NORTH 03° 15' 15" WEST, 5.34 FEET TO A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 42.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 59° 11' 24", AN ARC DISTANCE OF 43.39 FEET TO A REVERSE CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 40.00 FEET;
THENCE NORTHERLY ALONG SAID REVERSE CURVE, THROUGH AN ANGLE OF 131° 24' 19", AN ARC DISTANCE OF 84.76 FEET;
THENCE NORTH 24° 31' 50" EAST, 1.00 FEET;
THENCE SOUTH 65° 28' 10" EAST 181.85 FEET TO THE EASTERLY LINE OF SAID LOT 517; THENCE ALONG SAID EASTERLY LINE, SOUTH 03° 15' 15" EAST, 27.27 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 517;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 517, SOUTH 86° 44' 45" WEST 180.00 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS,

NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT

MAY BE WITHIN OR UNDER THE HEREIN CONVEYED PARCEL OF LAND, AND THE RIGHTS

THERETO, TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED IN DEED (STATE PARCEL 58287), RECORDED JUNE 7, 1973 IN BOOK D5899, PAGE 72, IN DEED (STATE PARCEL 62209) RECORDED MAY 7, 1973 IN BOOK D5860, PAGE 131 AND IN DEED (STATE PARCEL 66942) RECORDED MAY 7, 1973 IN BOOK D5860, PAGE 133, ALL OF OFFICIAL RECORDS IN SAID OFFICE.

ALSO EXCEPT THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS,

NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT

MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER

WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING TOGETHER

AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO

WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE

HEREINABOVE DESCRIBED , OIL OR GAS WALLS, TUNNELS AND SHAFTS INTO, THROUGH OR

ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH City Council Regular Meeting - Page 63 of 194
Exhibit A - 8

WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS, UNDER AND

BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP,

MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT,

HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED OR

OTHERWISE IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE CONSTRUCTED ON SAID LANDS, AS RESERVED IN DEED RECORDED MAY 7, 1973 AS INSTRUMENT NO. 754.

APN: 6175-003-018

The real property in the City of Lynwood, County of Los Angeles, State of California described as follows:

THOSE PORTIONS OF LOTS 510 AND 518, BOTH OF TRACT NO. 2551, AS SHOWN ON MAP RECORDED IN BOOK 24, PAGES 78 TO 80 INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 517 OF SAID TRACT; THENCE ALONG THE WESTERLY LINE OF SAID LOT 517, NORTH 03° 15' 15" WEST, 5.34 FEET TO A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 42.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 59° 11' 24", AN ARC DISTANCE OF 43.39 FEET TO A REVERSE CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF

40.00 FEET;
THENCE NORTHERLY ALONG SAID REVERSE CURVE, THROUGH AN ANGLE OF 121° 24' 19", AN ARC DISTANCE OF 84.76 FEET;
THENCE NORTH 24° 31' 50" EAST, 1.00 FEET;
THENCE SOUTH 65° 28' 10" EAST 181.85 FEET TO THE WESTERLY LINE OF SAID LOT 510 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUING SOUTH 65° 28' 10" EAST, 71.27 FEET;
THENCE SOUTH 18° 07' 50" WEST, 20.13 FEET;
THENCE SOUTH 65° 28' 10 EAST, 12.14 FEET;
THENCE SOUTH 23° 40' 09" EAST, 14.91 FEET TO THE EASTERLY LINE OF SAID LOT 510; THENCE ALONG SAID EASTERLY LINE SOUTH 18° 07' 50" WEST, 99.88 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 510;
THENCE ALONG THE SOUTHERLY LINES OF SAID LOTS 510 AND 518, NORTH 71° 08' 03" WEST, 60.03 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND ACQUIRED BY THE STATE OF CALIFORNIA BY PARCEL 2 OF DEED (STATE PARCEL 58291) RECORDED NOVEMBER 4, 1971 IN BOOK D5246, PAGE 670 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 2, NORTH 06° 49' 11" EAST, 116.52 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 518;
THENCE ALONG SAID WESTERLY LINE OF SAID LOT 510, NORTH 03° 15' 15" WEST, 27.27 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS,

NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT

MAY BE WITHIN OR UNDER THE HEREIN CONVEYED PARCEL OF LAND, AND THE RIGHTS THERETO, TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED IN SAID PARCEL.

City Council Regular Meeting - Page 64 of 194
Exhibit A - 9
APN: 6175-009-005

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 3520 Lynwood Road, Lynwood, CA 90262, and described as follows:

LOT 754, TRACT 3078, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6175-009-007

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 11607 Lewis Street, Lynwood, CA 90262, and described as follows:

LOT 756 OF TRACT 3078, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 6175-009-008

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 11615 Lewis Street, Lynwood, CA 90262, and described as follows:

LOT 757 TRACT 3078, IN THE CITY OF LYNWOOD, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31, PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

City Council Regular Meeting - Page 65 of 194
Exhibit A - 10
EXHIBIT A-3

LEGAL DESCRIPTION OF KIM PROPERTY

APN: 6175-009-025

The real property in the City of Lynwood, County of Los Angeles, State of California, commonly known as 11600 Long Beach Blvd., Lynwood, CA 90262, and described as follows:

PARCEL 1:

LOTS 749, 750 AND 751 OF TRACT 3078, IN THE CITY OF LYNWOOD, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31 PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT WEST 7 FEET AS DESCRIBED IN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, A COPY OF WHICH RECORDED APRIL 21, 1998 AS INSTRUMENT NO. 98-662208, OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER.

PARCEL 2:

LOTS 752 AND 753 OF TRACT NO. 3078, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 31 PAGE 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT ANY PORTION THEREOF LYING WITHIN THE LAND DESCRIBED IN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, A COPY OF WHICH RECORDED APRIL 21, 1998 AS INSTRUMENT NO. 98-662208, OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER.

City Council Regular Meeting - Page 66 of 194
Exhibit B - 1

EXHIBIT B

MAP OF PROPERTY

[Attached]

City Council Regular Meeting - Page 67 of 194
Exhibit B - 2

AERIAL OF PROPOSED PROJECT SITE

City Council Regular Meeting - Page 68 of 194
Exhibit C - 1

EXHIBIT C

DEVELOPMENT SCHEDULE

EVENT TIME ACTUAL
DATE
Developer submits application for Permits Within four (4) months of Effective Date

Approval of CLRRA Response Plan Within six (6) months of Effective Date Developer obtains building permits *** Within nine (9) months of Effective Date

Developer Commences Construction *** Within ten (10) months of Effective Date

Developer Completes Construction and
Market and Shops Open ***

Within twenty-two (22) months of
Effective Date

*** If the specified performance is not performed by the indicated date, then the Developer shall pay to City as liquidated damages the sum of $250 per calendar day as damages for delay, which sum the Parties agree is a reasonable sum considering all of the circumstances existing on the date of this Agreement, including the relationship of the sum to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. In placing their initials at the place provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party was represented by counsel who explained the consequences of this liquidated damages provision at the time this Agreement was made. (1) Developer initial here: ________________
(2) City initial here:___________________

City Council Regular Meeting - Page 69 of 194
Exhibit D - 1

EXHIBIT D

SCOPE OF DEVELOPMENT

Lynwood Springs, LLC plans to construct a ground-up Shopping Center located at the Southeast corner of Long Beach Blvd. and I – 105 Freeway (± 3.78 gross acres) to include the following:

 Market: ± 38,479 SF
 Shops: ± 3,921 SF
 Pad: ± 1,300 SF with Drive-thru

City Council Regular Meeting - Page 70 of 194
Exhibit E - 1

EXHIBIT E

PROJECT SITE PLAN
[Attached]

City Council Regular Meeting - Page 71 of 194
Exhibit E - 2

City Council Regular Meeting - Page 72 of 194

TABLE OF CONTENTS
Page

RECITALS ......................................................................................................................................2 GENERAL PROVISIONS ........................................................................................4 Parties. ......................................................................................................................4 Property Subject to this Development Agreement...................................................5 Term. ........................................................................................................................5 Project Approvals.....................................................................................................5 ACQUISITION OF PROPERTIES ...........................................................................6 Acquisition of Properties .........................................................................................6 DEVELOPMENT OF THE SITE ..............................................................................6 Development Schedule. ...........................................................................................6 Project Development. ...............................................................................................7 Vested Elements.......................................................................................................7 Development Construction Completion. .................................................................8 Effect of Project Approvals and Applicable Rules; Future Rules. ..........................8 Processing Subsequent Approvals. ........................................................................10 Development Fees, Exactions; and Conditions. ....................................................10 Life of Project Approvals and Subdivision Maps. .................................................11 Further CEQA Environmental Review. .................................................................12 Building Regulations. ............................................................................................12 Street Vacations. ....................................................................................................12 Written Verification of Sufficient Water Supply. ..................................................13

ADDITIONAL RIGHTS AND OBLIGATIONS OF THE
PARTIES; ALLOCATIONS OF RIGHTS AND OBLIGATIONS OF THE
PARTIES .......................................................................................................................................13 Conveyance of Public Infrastructure. ....................................................................13 Hazardous Material Remedial Actions. .................................................................13 Insurance and Indemnity. .......................................................................................17 Nexus/Reasonable Relationship Challenges. .........................................................19 Environmental Release and Indemnity. .................................................................19 Relocation Requirements. ......................................................................................23 ANNUAL REVIEW ................................................................................................23 Annual Review.......................................................................................................23 Commencement of Process. ...................................................................................23 City Council Regular Meeting - Page 73 of 194

ii
Developer Compliance Letter. ...............................................................................23 Planning Director Review. .....................................................................................24 Planning Director Compliance Finding. ................................................................24 Planning Director Noncompliance Finding ...........................................................24 Cure Period. ...........................................................................................................24 Referral of Noncompliance to City Council. .........................................................24 Delivery of Documents ..........................................................................................25 City Council Compliance Finding .........................................................................25 City Council Noncompliance Finding. ..................................................................25 Relationship to Default Provisions. .......................................................................25 AMENDMENTS .....................................................................................................25 Amendments to or Cancellation of Development Agreement. ..............................25 Operating Memoranda. ..........................................................................................26 Amendments to Project Approvals. .......................................................................26 DEFAULT, REMEDIES AND TERMINATION ...................................................27 Events of Default. ..................................................................................................27 Meet and Confer. ...................................................................................................27 Remedies and Termination. ...................................................................................28 Legal Action by Parties. .........................................................................................28 Effects of Litigation. ..............................................................................................28 Termination. ...........................................................................................................29 COOPERATION AND IMPLEMENTATION .......................................................30 Performance Deposit. .............................................................................................30 Further Actions and Instruments. ...........................................................................30 Regulation by Other Public Agencies. ...................................................................31 Other Governmental Permits and Approvals; Grants. ...........................................31 Revision to Project. ................................................................................................31 Implementation Costs Incurred by City. ................................................................31 TRANSFERS AND ASSIGNMENTS ....................................................................31 Right to Assign. .....................................................................................................31 Covenants Run with the Land. ...............................................................................32 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE ........................32 Mortgagee Protection. ............................................................................................32 Mortgagee Not Obligated. .....................................................................................32 Notice of Default to Mortgagee; Right of Mortgagee to Cure...............................32 No Supersedure. .....................................................................................................33 Technical Amendments to this Article 10. ............................................................33 City Council Regular Meeting - Page 74 of 194

iii
MISCELLANEOUS PROVISIONS ......................................................................33 Limitation on Liability. ..........................................................................................33 Force Majeure. .......................................................................................................33 Notices, Demands and Communications Between the Parties. .............................34 Project as a Private Undertaking; No Joint Venture or Partnership .......................35 Severability. ...........................................................................................................35 Section Headings. ..................................................................................................35 Construction of Agreement. ...................................................................................35 Entire Agreement. ..................................................................................................35 Estoppel Certificates. .............................................................................................35 Recordation. ...........................................................................................................36 No Waiver. .............................................................................................................36 Time Is of the Essence. ..........................................................................................36 Applicable Law. .....................................................................................................36 Third Party Beneficiaries. ......................................................................................36 Constructive Notice and Acceptance. ....................................................................36 Counterparts. ..........................................................................................................37 Authority. ...............................................................................................................37 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ................................................................1 EXHIBIT B MAP OF PROPERTY ................................................................................................1 EXHIBIT C DEVELOPMENT SCHEDULE ................................................................................1 EXHIBIT D SCOPE OF DEVELOPMENT...................................................................................1 EXHIBIT E PROJECT SITE PLAN ..............................................................................................1

City Council Regular Meeting - Page 75 of 194
Agenda Item # 9.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Harry Wong, Director of Finance & Administration Services Lilly Hampton, Senior Accounting Technician

SUBJECT:

APPROVAL OF THE WARRANT REGISTER
Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated May 3, 2022 for FY 2021-2022

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2021-2022
Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
WARRANT RUN 5 3 2022
Resolution
City Council Regular Meeting - Page 76 of 194
apCkHist Void-Check Listing Page: 1
04/27/2022 7:07AM City of Lynwood
Bank code: apbank
Void Check# Date Vendor Status Clear/Void Date Reason-Void Reissue Inv. Date Amount Paid Check Total --
202601 09/07/2021 012886 GULLERMINA OLEA 04/19/2022 STALE DATED 204436 07/16/2020 800.00 800.00 202896 10/05/2021 013405 EHUDl,LLC 04/19/2022 STALE DATED 204431 07/26/2021 160.00 160.00 203061 10/21/2021 013086 SHERIFF'S OFFICE-CIVIL 04/19/2022 STALE DATED 204435 10/21/2021 273.78 273.78 203424 12/14/2021 012486 JAVIER ARMANDO PEREZ 04/19/2022 STALE DATED 204433 11/18/2021 1,505.20 04/19/2022 012486-113021 11/18/2021 490.24 1,995.44
203447 12/14/2021 011186 STANDARD GLASS & 04/19/2022 STALE DATED 204434 11/02/2021 250.00 250.00 204111 03/15/2022 013488 GRACE C LIN 04/18/2022 LOST IN MAIL 204428 02/02/2022 310.00 310.00 204291 04/05/2022 013498 SELA SUCCULENTS 04/21/2022 PAID/PETTY CASH 02/26/2022 31.97 31.97 204396 04/19/2022 006281 CONSULTANTS, 04/20/2022 WRONG INVOICE 204448 03/26/2022 10,567.96 04/20/2022 IN000118449 03/24/2022 10,515.09
04/20/2022 IN000118450 03/24/2022 1,862.11
04/20/2022 IN0001184 77 03/26/2022 1,612.24
04/20/2022 IN000118320 03/21/2022 308.45
04/20/2022 IN000118321 03/21/2022 307.68 25,173.53
apbank Total: 28,994.72
8 checks in this report Total Checks: 28,994.72
Page: 1
City Council Regular Meeting - Page 77 of 194
vchlist
04/27/2022
Bank code:

Voucher
1291
1298
1304
1313
1314
1330
1340
1346
1005164
1005165
1005166
1005167
4:18:55PM
apbank
Date Vendor
3/1/2022 013090 PERS
3/8/2022 013090 PERS
3/18/2022 013090 PERS
3/18/2022 013091 PERS 457
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
Ben143173
Ben143430
Ben143463
Ben143740
3/15/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben143742 3/21/2022 012556 MUNICIPAL DENTAL POOL Ben144329
3/21/2022 012556 MUNICIPAL DENTAL POOL Ben144440
3/21/2022 012556 MUNICIPAL DENTAL POOL Ben144545
3/3/2022 000372 FIRE DEPARTMENT, LOS ANGELES C0010300 01-001624 3/21/2022 010935 WESTERN ALLIANCE BANK 010935-030122 02-002530 3/21/2022 013121 AUL HEAL TH BENEFIT TRUST C/O, 013121-043022 3/21/2022 012556 MUNICIPAL DENTAL POOL 012556-043022
12 Vouchers for bank code: apbank
Page: 2
Description/Account Amount
PERS: PAYMENT 54,550.03
Total : 54,550.03
PERS: PAYMENT 1,182.53
Total : 1,182.53
PERS: PAYMENT 53,006.54
Total: 53,006.54
DEF COMP- PERS 457: PAYMENT 7,222.26
Total: 7,222.26
DEF COMP- NATIONWIDE: 6,163.47
Total: 6,163.47
DEL TA DENTAL: PAYMENT 4,603.35
Total : 4,603.35
DELTA DENTAL: PAYMENT 223.50
Total: 223.50
DELTA DENTAL: PAYMENT 4,549.17
Total: 4,549.17
FIRE PROTECTION SERVICES 634,099.29
Total: 634,099.29
LEASE REVENUE BND 2017/2003 A 107,341.41
Total: 107,341.41
REIMB-RETIREE MEDICAL PREMIUM 29,497.05
Total: 29,497.05
DENTAL PREMIUM 4/2022 7,836.26
Total: 7,836.26
Bank total: 910,274.86
Page: 2
City Council Regular Meeting - Page 78 of 194
vchlist Prepaid-Check List Page: 3
04/25/2022 8:45:38AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204422 4/14/2022 013526 DOWNEY PARTY RENTALS 1-002120 08-004885 EASTER PROGRAM 2022 652.85 Total : 652.85
204423 4/14/2022 013288 SPECTRUM 0543478031622 12-000365 INTERNET AND CABLE FOR CITY FACILITIES 219.98 Total: 219.98
204424 4/14/2022 013288 SPECTRUM 0603173031522 12-000365 INTERNET AND CABLE FOR CITY FACILITIES 182.67 Total: 182.67
204425 4/14/2022 013288 SPECTRUM 0031912031622 12-000365 INTERNET AND CABLE FOR CITY FACILITIES 150.55 Total: 150.55
204426 4/14/2022 013288 SPECTRUM 0244895030122 12-000365 INTERNET AND CABLE FOR CITY FACILITIES 139.98 0244895040122 12-000365 INTERNET AND CABLE FOR CITY FACILITIES 139.98 Total: 279.96
204427 4/18/2022 000163 SOUTHERN CALIFORNIA EDISON 000163041822 LIGHT & POWER SERVICES 838.30 Total : 838.30
204428 4/18/2022 013488 LIN, GRACE C 4646 08-004832 ANNUAL EASTER PROGRAM 2022 310.00 Total : 310.00
204429 4/19/2022 006399 AT&T 000017995785 TELEPHONE SERVICE 835.36 000017996998 TELEPHONE SERVICE 188.49
000018022584 TELEPHONE SERVICE 23.22
000018025852 TELEPHONE SERVICE 85.20
000018025854 TELEPHONE SERVICE 22.56
000018025855 TELEPHONE SERVICE 293.31
000018025857 TELEPHONE SERVICE 62.66
000018025861 TELEPHONE SERVICE 85.99
000018025865 TELEPHONE SERVICE 22.56
000018025971 TELEPHONE SERVICE 43.44
000018025972 TELEPHONE SERVICE 43.44
000018026042 TELEPHONE SERVICE 43.44
Total: 1,749.67
204430 4/19/2022 013487 TRUSAIC CINV-020550 05-001924 2022 ACA COMPLIANCE 500.00 Page: 3
City Council Regular Meeting - Page 79 of 194
vchlist Prepaid-Check List Page: 4
04/25/2022 8:45:38AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204430 4/19/2022 013487 013487 TRUSAIC (Continued) Total : 500.00 204431 4/19/2022 013405 EHUDl,LLC 013405-073121 08-004725 E SPORTS RECREATIONAL CLASS 160.00 Total : 160.00
204432 4/19/2022 012518 IRIARTE, ROBERTO 012518-041222 REIMB-TRAVEL EXPENSE 755.00 Total : 755.00
204433 4/19/2022 012486 PEREZ, JAVIER ARMANDO 012486-113021 08-004704 LATIN DANCE CLASSES INSTRUCTOR 490.24 012486-113021-A 08-004784 LATIN DANCE CLASSES INSTRUCTOR 1,505.20 Total: 1,995.44
204434 4/19/2022 011186 STANDARD GLASS & MIRROR 5551 06-009130 WINDOW AND GLASS REPAIRS 250.00 Total: 250.00
204435 4/19/2022 013086 DIV LEVYING OFFICER, SHERIFF'S Ben140910 LEVYING OFFICER: PAYMENT 273.78 Total : 273.78
204436 4/19/2022 012886 OLEA, GULLERMINA 0702-0012 REFUND-CANCELLED BATEMAN BOD.DD Total : 800.00
204437 4/20/2022 013522 AMN MANAGEMENT, INC 1 06-009481 ACTING CITY ENGINEER SERVICES 11,640.00 Total: 11,640.00
204438 4/20/2022 013533 BERMUDEZ, ALEJANDRO 013533-042922 PER DIEM 260.00 Total : 260.00
204439 4/20/2022 013524 BOOST COLLABORATIVE, BOOST 20220406 REGISTRATION-RECREATION 2,400.00 Total: 2,400.00
204440 4/20/2022 000955 CENTRAL BASIN MUNICIPAL WATER LYN-MAR22 06-009224 IMPORTED DRINKING WATER 130,384.06 Total : 130,384.06
204441 4/20/2022 013455 ELITE POWER SYSTEMS 000620 06-009469 ELECTRICAL WORK NATATORIUM 49,001.04 Total : 49,001.04
204442 4/20/2022 003913 MORA, MARIA 003913-042922 PER DIEM 260.00 Total : 260.00
Page: 4
City Council Regular Meeting - Page 80 of 194
vchlist Prepaid-Check List Page: 5
04/25/2022 8:45:38AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204443 4/20/2022 010558 PARRA, VIVIANA 010558-042922 PER DIEM 260.00 Total : 260.00
204444 4/20/2022 011353 THORNTON , JOHN 011353-042922 PER DIEM 260.00 Total : 260.00
204445 4/20/2022 013487 TRUSAIC CINV-019312 05-001924 2022 ACA COMPLIANCE 500.00 CINV-019313 05-001924 2022 ACA COMPLIANCE 500.00
Total: 1,000.00
204446 4/20/2022 007187 U.S. POSTMASTER 007187 -041922 01-001702 MAILING OF CITY NEWLETTER 16,500.00 Total: 16,500.00
204447 4/20/2022 011963 WEXBANK 80213407 06-009141 FUEL CHARGES FOR CITY VEHICLES 15,709.20 Total: 15,709.20
204448 4/20/2022 006281 PROFESSIONAL SECURITY , IN000118320 08-004736 PRIVATE RENTAL SECURITY 308.45 IN000118321 08-004736 PRIVATE RENTAL SECURITY 307.68
IN000118449 08-004700 SECURITY SERVICES 10,515.09
IN000118450 06-009232 PROFESSIONAL SECURITY 1,862.11
IN000118476 08-004700 SECURITY SERVICES 10,567.96
IN000118477 06-009232 PROFESSIONAL SECURITY 1,612.24
Total : 25,173.53
204449 4/21/2022 013395 M&C CONSTRUCTION GROUP INC 1067 06-009471 POOL FLOOR DECK EPOXY 63,892.50 Total : 63,892.50
28 Vouchers for bank code : apbank Bank total : 325,858.53 28 Vouchers in this report Total vouchers : 325,858.53
Page: 5
City Council Regular Meeting - Page 81 of 194
vchlist Prepaid-Check List Page: 6
04/27/2022 3:51:35PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204450 4/26/2022 001330 CANON FINANCIAL SERVICES, INC. 28383698 12-000368 CANON LEASE AGREEMENT 321 .75 28383699 12-000368 CANON LEASE AGREEMENT 770.16
Total : 1,091.91
204451 4/26/2022 013529 LENIN MUSIC PRODUCTIONS 3012 08-004891 EASTER PROGRAM 2022 500.00 Total : 500.00
204452 4/26/2022 000164 THE GAS CO. 000164042122 GAS SERVICES 6,992.08 Total : 6,992.08
204453 4/26/2022 001589 TREJO, JOSE 001589-031122-1 REIMB-LODGING EXPENSE 833.13 Total : 833.13
204454 4/27/2022 004986 BIOMETRICS4ALL, INC MAINTCOL YN0008 05-001926 LIVE SCAN MACHINE 840.00 Total: 840.00
204455 4/27/2022 008216 NOVA STORAGE 57344 02-002562 STORAGE FEE FOR MISC RECORDS 924.82 Total: 924.82
204456 4/27/2022 000163 SOUTHERN CALIFORNIA EDISON 000163042522 LIGHT & POWER SERVICES 17,060.33 Total : 17,060.33
204457 4/27/2022 001224 STANDARD INSURANCE COMPANY 001224-053122 RETIREE LIFE INSURANCE 777.00 Total: 777.00
204458 4/27/2022 007551 AFSCME DISTRICT COUNCIL 36 Ben144315 ASSOCIATION DUES: PAYMENT 1,663.39 Ben144531 ASSOCIATION DUES: PAYMENT 1,641.56
Total: 3,304.95
204459 4/27/2022 011927 AMERICAN FIDELITY ASSURANCE CO Ben144311 ACCIDENT PRETAX: PAYMENT 1,840.74 Ben144527 ACCIDENT PRETAX: PAYMENT 1,840.74
Total : 3,681.48
204460 4/27/2022 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben144319 MGMT. ASSOCIATION DUES: 175.00 Ben144535 MGMT. ASSOCIATION DUES: 175.00
Total : 350.00
Page: 6
City Council Regular Meeting - Page 82 of 194
vchlist
04/27/2022 3:51:35PM
Bank code: apbank
Voucher Date Vendor
204461 4/27/2022 010048 LEGAL SHIELD
204462 4/27/2022 013086 DIV LEVYING OFFICER, SHERIFF'S
204463 4/27/2022 013084 LE, JESSICA
204464 4/27/2022 000164 THE GAS CO.
204465 4/27/2022 013398 AMERICAN FIDELITY ASSURANCE CO
204466 4/27/2022 001224 STANDARD INSURANCE COMPANY
204467 4/27/2022 013506 KNITEC ENTERPRISES CORPORATION
18 Vouchers for bank code: apbank
18 Vouchers in this report
Prepaid-Check List
City of Lynwood
Invoice
Ben144321
Ben144537
Ben144543
Ben144541
000164032522
Ben144323
Ben144539
Ben144313
Ben144436
Ben144529
5156663
Page: 7
PO# Description/Account Amount
LEGAL SHIELD: PAYMENT 49.84
LEGAL SHIELD: PAYMENT 49.84
Total : 99.68
LEVYING OFFICER: PAYMENT 322.30
Total: 322.30
JESSICA HERRERA: PAYMENT 293.00
Total: 293.00
GAS SERVICES 119.34
Total: 119.34
HEAL TH FSA PRE-TAX: PAYMENT 347.89
HEALTH FSA PRE-TAX: PAYMENT 347.89
Total : 695.78
AD& STANDARD LIFE INSURANCE: 647.10
AD&D STANDARD LIFE INSURANCE: 65.13
STANDARD LIFE INSURANCE: 708.77
Total: 1,421.00
12-000391 LCD VIDEO WALL FOR SENIOR 14,228.93
Total : 14,228.93
Bank total : 53,535.73
Total vouchers : 53,535.73
Page: 7
City Council Regular Meeting - Page 83 of 194
vchlist Check List Page: 8
04/27/2022 4:30:49PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204468 5/3/2022 000743 ADMINISTRATIVE SVCS. CO-OP 220318 08-004690 SENIORS TRANSPORTATION 8,830.13 Total : 8,830.13
204469 5/3/2022 007439 ALL CITY MANAGEMENT SVCS, INC . 76690 11-001916 SCHOOL CROSSING GUARD 14,517.44 Total : 14,517.44
204470 5/3/2022 013279 ALVARADO, MARIA DE LA LUZ 013279-031722 05-001914 MONTHLY STIPEND 50.00 Total : 50.00
204471 5/3/2022 010746 ALVAREZ-GLASMAN & COLVIN 2021-12-20273 02-002525 LEGAL SERVICES 1,642.50 2021-12-20273-1 02-002525 LEGAL SERVICES 97.50
2021-12-20273-2 02-002525 LEGAL SERVICES 6,776 .50
2021-12-20273-3 02-002525 LEGAL SERVICES 8,404 .00
2021-12-20273-4 02-002525 LEGAL SERVICES 5,576 .50
2021-12-20274 01-001630 LEGAL SERVICES - CANNABIS 1,606 .00 2021-12-20275 02-002525 LEGAL SERVICES 650 .00
2021-12-20275-1 02-002525 LEGAL SERVICES 2,475 .00
2021-12-20275-2 02-002525 LEGAL SERVICES 100.00
2021-12-20276 02-002525 LEGAL SERVICES 4,700 .00
2021-12-20277 02-002525 LEGAL SERVICES 300.00
2021-12-20278 02-002525 LEGAL SERVICES 1,230.00
Total: 33,558.00
204472 5/3/2022 012693 ANIMAL EMERGENCY, LONG BEACH 668197 11-002012 ANIMAL EMERGENCY 602 .68 668594 11-002012 ANIMAL EMERGENCY 146.67
668740 11-002012 ANIMAL EMERGENCY 457 .81
Total : 1,207.16
204473 5/3/2022 013290 ARTURO RAMIREZ 013290-041222 11-001948 PLANNING COMMISSIONER 50.00 Total : 50.00
204474 5/3/2022 010487 AUTOZONE WEST, INC. 4147581329 06-009460 FLEET PARTS AND ACCESSORIES 43.60 5446260231 06-009460 FLEET PARTS AND ACCESSORIES 82.57
5446263201 06-009460 FLEET PARTS AND ACCESSORIES 51.80
5447493411 06-009460 FLEET PARTS AND ACCESSORIES 87.21
Total : 265.18
Page : 8
City Council Regular Meeting - Page 84 of 194
vchlist Check List Page: 9
04/27/2022 4:30:49PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204475 5/3/2022 003562 BECERRA, ROWLAND 003562-041222 11-002020 PLANNING COMMISSIONER 50.00 Total: 50.00
204476 5/3/2022 000884 BLUE DIAMOND MATERIALS 2637809 06-009187 OPERATING SUPPLIES 421 .52 Total: 421.52
204477 5/3/2022 004773 BSN SPORTS 916681739 08-004829 LYNWOOD RECREATION SPORTS 1,953.24 Total: 1,953.24
204478 5/3/2022 000300 BUBBS HARDWARE 229 06-009188 OPERATING SUPPLIES 8.36 230 06-009188 OPERATING SUPPLIES 4.27
Total: 12.63
204479 5/3/2022 007782 CAMACHO, GABRIELA 007782-053122 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
204480 5/3/2022 001330 CANON FINANCIAL SERVICES, INC. 28383701 08-004691 CANON FINANCIAL SOLUTIONS 262.81 Total: 262.81
204481 5/3/2022 008869 CASANOVA, JORGE A. 008889-053122 ELECTRONIC/MEDIA-AUTO EXPENSES 500 .00 Total: 500.00
204482 5/3/2022 002319 CINDY'S JUMPERS 47912 08-004884 EASTER PROGRAM 2022 870.50 Total: 870.50
204483 5/3/2022 001168 CINTAS CORPORATION NO. 2 5103148450 08-004693 FIRST AID CABINETS SERVICE 180.42 Total: 180.42
204484 5/3/2022 001571 CLINICAL LAB OF SAN BERNARDINO 2200583-L YN01 06-009150 WATER SAMPLES TESTING SVCS. 997.50 Total: 997.50
204485 5/3/2022 012021 CONCENTRA MEDICAL CENTERS 74997467 05-001879 PRE-EMPLOYMENT PHYSICALS , 174.00 Total: 174.00
204486 5/3/2022 010754 COOL IMAGE WATER, DBA/ AMERICAN 1493 08-004681 DRINKING WATER SERVICE 31 .17 1494 03-000416 DRINKING WATER SERVICE 35.94
1495 11-001921 DRINKING WATER SERVICE 80.68
1496 01-001632 DRINKING WATER SERVICE 107.20
Page: 9
City Council Regular Meeting - Page 85 of 194
vchlist Check List Page: 10
04/27/2022 4:30:49PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204486 5/3/2022 010754 COOL IMAGE WATER , OBA/ AMERICAN (Continued) 1499 08-004681 DRINKING WATER SERVICE 44.03
1500 06-009194 DRINKING WATER SERVICE 137.77
Total: 436.79
204487 5/3/2022 007243 COUNTY OF LOS ANGELES, 22041106082 06-009233 TRAFFIC SIGNAL MAINTENANCE 553.94 22041106083 06-009233 TRAFFIC SIGNAL MAINTENANCE 1,074.52 Total: 1,628.46
204488 5/3/2022 000305 CULLIGAN 1254279 06-009196 DRINKING WATER EQUIPMENT 81 .52 Total : 81.52
204489 5/3/2022 000138 DAILY JOURNAL CORPORATION B3575388 11-002069 PUBLICATION OF PUBLIC NOTICES 470 .00 Total : 470.00
204490 5/3/2022 011977 DELGADILLO, LILIANA A. 011977-031722 05-001915 MONTHLY STIPEND 50.00 Total : 50.00
204491 5/3/2022 001987 DISTRICT OF SOUTHERN CALIF ., WATER 001987-022822 06-009159 GROUNDWATER PRODUCTION 112,494 .88 Total : 112,494.88
204492 5/3/2022 008756 EQUIPMENT & SERVICES, LLC, ANIMAL 100881 11-002075 ANIMAL CONTROL EQUIPMENT & SUPPLIES 987.49 Total: 987.49
204493 5/3/2022 003317 FAIR HOUSING FOUNDATION 003317-040722 11-001925 CDBG SUBRECIPIENT - PUBLIC SERVICE 1,327.52 Total: 1,327.52
204494 5/3/2022 003334 FED EX 7-718-17463 06-009235 COURIER SERVICES 17.70 7-725-00197 06-009236 COURIER SERVICES 11 .26
Total : 28.96
204495 5/3/2022 001393 FERGUSON ENTERPRISES , INC. 1279701 06-009148 MATERIALS AND SUPPLIES 443 .64 Total : 443.64
204496 5/3/2022 009038 GARY, HARDIE 009038-031722 05-001918 MONTHLY STIPEND 50.00 Total: 50.00
204497 5/3/2022 001352 GMC PEST CONTROL , INC. 11010313 06-009139 PEST CONTROL 600 .00 Page : 10
City Council Regular Meeting - Page 86 of 194
vchlist Check List Page: 11
04/27/2022 4:30:49PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204497 5/3/2022 001352 001352 GMC PEST CONTROL, INC. (Continued) Total: 600.00 204498 5/3/2022 009832 HARDING, ELIZABETH B. 009832-032922 08-004762 SENIOR CENTER CLASS INSTRUCTOR 170.00 Total: 170.00
204499 5/3/2022 001681 HUMAN SERVICES ASSOCIATION 033120228 08-004716 SENIOR MEALS PROGRAM 3,535.00 Total: 3,535.00
204500 5/3/2022 005848 INFRASTRUCTURE ENGINEERS 26793 06-009302 SPEED ZONE SURVEY 3,282.00 26812 06-009431 STREET DESIGN - ALMA AVE. 1,412.92
26813 06-009430 DESIGN, TOPOGRAPHICAL 1,864.15
26814 06-009427 L YNDORA ST- DESIGN 2,880.27
26815 06-009428 ALPINE AVE.-DESIGN , 2,344.64
26816 06-009423 DESIGN (PLANS, SPECIFICATIONS, 2,276.67 26817 06-009424 PS&E; TOPOGRAPHICAL SURVEY, 2,291.86
26818 06-009425 PS&E, TOPOGRAPHICAL, PROJECT 2,600.63
26819 06-009426 PS&E, TOPOGRAPHICAL SURVEY, 972.54
26820 06-009442 HARRIS AVE- DESIGN, 2,541.03
26821 06-009441 LOS FLORES BLVD- DESIGN, 6,642.06
Total : 29,108.77
204501 5/3/2022 000844 J & G GRAPHICS 05590 06-009277 PRINTING SERVICES 181.92 Total : 181.92
204502 5/3/2022 009103 JHM SUPPLY, INC. 288407/1 06-009161 LANDSCAPING & IRRIGATION 485.38 Total: 485.38
204503 5/3/2022 013243 JUAN FRANCISCO MARTIN 013243-041222 11-002021 PLANNING COMMISSIONER 50.00 Total : 50.00
204504 5/3/2022 003331 L.A. COUNTY SHERIFF DEPT. 222513LL 01-001655 HELICOPTER SERVICES 2,436.31 222549LL 01-001654 GENERAL LAW ENFORCEMENT 953,331.20
222629LL 01-001655 ANTI CRUISING, LOUD NOISE, 764.21
Total : 956,531.72
204505 5/3/2022 011873 LAW ORGANIZATION,LLP, OLIVAREZ 19148 06-009243 WELL 11 INVESTIGATION 575.00 19149 06-009243 WELL 11 INVESTIGATION 125.00
Page: 11
City Council Regular Meeting - Page 87 of 194
vchlist Check List Page: 12
04/27/2022 4:30:49PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204505 5/3/2022 011873 011873 LAW ORGANIZATION,LLP, OLIVAREZ (Continued) Total: 700.00 204506 5/3/2022 000866 LEAD TECH ENVIRONMENTAL 14507 11-001935 LEAD/ASBESTOS TESTING SVCS 230.00 Total: 230.00
204507 5/3/2022 013527 LINCOLN AQUATICS 29023794 08-004864 SUPPLIES FOR NATATORIUM 472.47 Total: 472.47
204508 5/3/2022 008480 LOPEZ AUTO SERVICE & TIRES INC 30924-03 06-009164 FLEET REPAIRS & MAINTENANCE 849.74 31755-01 06-009164 FLEET REPAIRS & MAINTENANCE 5,346.04 Total: 6,195.78
204509 5/3/2022 007606 LOPEZ, JUAN 018 08-004867 PROFESSIONAL SOUND AND MUSIC 1,650.00 Total: 1,650.00
204510 5/3/2022 002761 MARCO POWER EQUIPMENT 21214889 06-009244 SUPPLIES, REPAIRS, MACHINERY 14.33 21214890 06-009244 SUPPLIES , REPAIRS, MACHINERY 39.69
21214893 06-009244 SUPPLIES, REPAIRS, MACHINERY 210.17
Total : 264.19
204511 5/3/2022 000128 MARX BROS FIRE EXTINGUISHER P30689 06-009279 FIRE EXTINGUISHERS 980.00 Total : 980.00
204512 5/3/2022 000929 MCCAIN, INC. INV0265534 06-009308 TRAFFIC SIGNAL REPLACEMENT 2,187.37 Total: 2,187.37
204513 5/3/2022 000982 MITY-LITE SO123149 08-004879 EQUIPMEMT FOR RECREATION 4,749.98 Total : 4,749.98
204514 5/3/2022 007207 MUNI TEMPS 130057 03-000427 TEMP. SERVICES 2,765.00 Total : 2,765.00
204515 5/3/2022 012270 MUNIENVIRONMENTAL, LLC 22-007 06-009391 ASSISTANCE TO PREPARE SB1383 4,800.00 Total : 4,800.00
204516 5/3/2022 000475 NATIONWIDE ENVIRONMENTAL SVCS. 32248 06-009209 GRAFFITI REMOVAL SERVICES 44,500.08 32248-A 11-001938 GRAFFITI REMOVAL SERVICES 4,944.45
32308 06-009246 STREET SWEEPING SERVICES 45,867.37
Page: 12
City Council Regular Meeting - Page 88 of 194
vchlist Check List Page: 13
04/27/2022 4:30:49PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204516 5/3/2022 000475 NATIONWIDE ENVIRONMENTAL SVCS. (Continued) 32308-A 11-001954 STREET SWEEPING SERVICES 4,536.33
32309 06-009247 SIDEWALK CLEANING SERVICES 1,682.45
32309-A 11-001953 SIDEWALK CLEANING SERVICES 1,075.67
32344 06-009246 STREET SWEEPING SERVICES 5,612.04
32347 06-009245 CATCHBASIN CLEANING 4,023.20
Total : 112,241.59
204517 5/3/2022 011922 NORTH STAR LAND CARE LLC 1601-237 06-009320 TREE TRIMMING , MAINTENANCE 1,904.75 1601-259-A 06-009320 TREE TRIMMING, MAINTENANCE 273.75
1601-288A 06-009320 TREE TRIMMING , MAINTENANCE 297.20
1601-300A 06-009320 TREE TRIMMING , MAINTENANCE 629.35
1601-313 06-009320 TREE TRIMMING , MAINTENANCE 26,570.00 1601-314 06-009320 TREE TRIMMING , MAINTENANCE 12,847.00 1601-317 06-009320 TREE TRIMMING , MAINTENANCE 594.15
Total: 43,116.20
204518 5/3/2022 000078 OFFICE DEPOT, INC. 224442168001 03-000428 ELECTION SUPPLIES 360.88 237311534002 02-002542 OFFICE SUPPLIES 7.71
238122252001 05-001927 OFFICE SUPPLIES 377.89
238160988001 03-000428 ELECTION SUPPLIES 206.92
238460005001 01-001642 OFFICE SUPPLIES 119.39
238701306001 01-001642 OPERATING SUPPLIES 85.92
240782012001 02-002542 OFFICE SUPPLIES 206.49
Total : 1,365.20
204519 5/3/2022 013435 ORBIT EVENT RENTALS 48834 08-004886 CENTENNIAL PARADE 2021 1,562.75 Total: 1,562.75
204520 5/3/2022 010945 PETDATA , INC. 10623 11-001940 PET LICENSING SERVICES 500.00 Total: 500.00
204521 5/3/2022 004854 PETTY CASH- FINANCE 004854-041422 REPLENISH PETTY CASH BOX 216.72 Total : 216.72
204522 5/3/2022 010609 PIONEER MANUFACTURING, COMPANY INV833147 08-004880 BASEBALL SEASON SUPPLIES 1,616.33 Total : 1,616.33
Page: 13
City Council Regular Meeting - Page 89 of 194
vchlist Check List Page: 14
04/27/2022 4:30:49PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204523 5/3/2022 005588 PLUMBERS DEPOT, INC PD-50676 06-009166 MAINTENANCE OF SEWER TRUCK 2,582.82 Total: 2,582.82
204524 5/3/2022 006281 PROFESSIONAL SECURITY , IN000118760 06-009232 PROFESSIONAL SECURITY 1,999.15 Total : 1,999 .15
204525 5/3/2022 011595 ROSE EQUIPMENT REPAIR, INC. IN29307 06-009321 REPAIRS AND MAINTENANCE FOR 569.99 Total: 569.99
204526 5/3/2022 013432 ROSEMILLE LOPEZ 013432-031722 05-001905 MONTHLY STIPEND 50.00 Total: 50.00
204527 5/3/2022 008036 RUBIO'S TIRE SHOP 1885 06-009169 FLEET REPAIRS & MAINTENANCE 15.00 1886 06-009169 FLEET REPAIRS & MAINTE NANCE 15.00
1887 06-009169 FLEET REPAIRS & MAINTENANCE 15.00
1888 06-009169 FLEET REPAIRS & MAINTENANCE 15.00
1889 06-009169 FLEET REPAIRS & MAINTENANCE 286.65
1890 06-009169 FLEET REPAIRS & MAINTENANCE 595.35
Total: 942.00
204528 5/3/2022 008802 SANTANA, MARISELA 008802-053122 ELECTRONIC/MEDIA-AUTO EXPENSES 5/2022 500.00 Total : 500.00
204529 5/3/2022 006772 SEA CLEAR POOL, INC. 22-3122 06-009171 POOL MAINTENANCE 559.40 22-3123 06-009171 POOL MAINTENANCE 440.91
Total : 1,000.31
204530 5/3/2022 008668 SOLACHE, JOSE LUIS 008668-053122 ELECTRONIC/MEDIA-AUTO EXPENSES 5/2022 500.00 Total : 500.00
204531 5/3/2022 012692 SOTO, RITA 012692-053122 ELECTRONIC/MEDIA-AUTO EXPENSES 5/2022 500.00 Total : 500.00
204532 5/3/2022 008956 SPCALA 2022-0331 11-002081 ANIMAL SHELTER SERVICES 3,050.00 2022-0331-A 11-001942 ANIMAL SHELTER SERVICES 16,062.50 Total : 19,112 .50
204533 5/3/2022 013451 SUPERIOR PAVEMENT MARKINGS,INC 14795 06-009350 REPAINT TRAFFIC STRIPING 3,862.00 Page: 14
City Council Regular Meeting - Page 90 of 194
vchlist Check List Page: 15
04/27/2022 4:30:49PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204533 5/3/2022 013451 013451 SUPERIOR PAVEMENT (Continued) Total : 3,862 .00 204534 5/3/2022 013525 TANORY , YADIRA 013525-033122 08-004887 FITNESS AND MEDITATION 293.60 Total : 293.60
204535 5/3/2022 001211 THE BANK OF NEW YORK MELLON L YNWOOD17B-060122 02-002537 LUA ENTERPRISE REF REV BONDS 360,053.14 Total : 360,053.14
204536 5/3/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 678274424 06-009128 PAINT & SUPPLIES 1,538.43 678288804 06-009140 MATERIALS & SUPPLIES 302.76
679916635 08-004743 SUPPLIES AND EQUIPMENT 257.53
680071818 08-004743 SUPPLIES AND EQUIPMENT 1,581.21
680295045 08-004743 SUPPLIES AND EQUIPMENT 141.98
680916319 08-004743 SUPPLIES AND EQUIPMENT 973.91
Total : 4,795.82
204537 5/3/2022 004179 TIERRA WEST ADVISORS, LLC LY-0322 11-002062 INTERIM DIRECTOR COMMUNITY 27,667.50 Total: 27,667.50
204538 5/3/2022 009742 UNIFIRST CORPORATION 3242705971 06-009153 UNIFORM SERVICE AND SUPPLIES 10.72 3242705972 06-009153 UNIFORM SERVICE AND SUPPLIES 118.99 3242705973 06-009153 UNIFORM SERVICE AND SUPPLIES 48.73 3242705974 06-009153 UNIFORM SERVICE AND SUPPLIES 99.19 3242705975 06-009153 UNIFORM SERVICE AND SUPPLIES 81 .82 3242705976 06-009153 UNIFORM SERVICE AND SUPPLIES 78.14 3242709373 06-009153 UNIFORM SERVICE AND SUPPLIES 10.72 3242709374 06-009153 UNIFORM SERVICE AND SUPPLIES 52.68 3242709375 06-009153 UNIFORM SERVICE AND SUPPLIES 48.73 3242709376 06-009153 UNIFORM SERVICE AND SUPPLIES 69.42 3242709377 06-009153 UNIFORM SERVICE AND SUPPLIES 79.17 3242709378 06-009153 UNIFORM SERVICE AND SUPPLIES 78.14 Total: 776.45
204539 5/3/2022 000461 UNITED RENTALS, INC. 205041298-002 08-004872 BASEBALL OPENING DAY 2022 337.56 Total: 337.56
204540 5/3/2022 002912 WATERLINE TECHNOLOGIES ,INC 5575139 06-009154 OPERATING SUPPLIES 300.98 5575140 06-009154 OPERATING SUPPLIES 312.56
Page: 15
City Council Regular Meeting - Page 91 of 194
vchlist
04/27/2022
Bank code:

Voucher
204540
204541
204542
204543
4:30:49PM
apbank
Date Vendor
5/3/2022 002912 WATERLINE TECHNOLOGIES,INC
5/3/2022 007811 WELLS FARGO BANK
5/3/2022 000802 WEST, KENNETH
5/3/2022 007609 WILLDAN FINANCIAL SERVICES
76 Vouchers for bank code : apbank
Check List
City of Lynwood
Invoice
(Continued)
5576202
5576203
5576204
CSCDAL 2012-060122
000802-041222
010-51003
Page: 16
PO# Description/Account Amount
06-009154 OPERATING SUPPLIES 312.56
06-009154 OPERATING SUPPLIES 335.71
06-009154 OPERATING SUPPLIES 324.14
Total : 1,585.95
02-002556 LOCAL MEASURE R SALES TAX REV 308,809.38
Total: 308,809.38
11-001960 PLANNING COMMISSIONER 50.00
Total: 50.00
02-002591 ANNUAL CONTINUING DISCLOSURE 9,692.00
Total : 9,692.00
Bank total: 2,104,356.33
Page: 16
City Council Regular Meeting - Page 92 of 194
RESOLUTION NO. 2022.XXX

Warrant Register Dated 05-03-2022

PASSED, APPROVED and ADOPTED this ___th day of ______, 2022.

Jorge Casanova, Mayor

ATTEST:

__________________________
Maria Quiňonez, Ernie Hernandez,
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

________
Noel Tapia, Harry Wong,
City Attorney Director of Finance and Administration Svcs

City Council Regular Meeting - Page 93 of 194

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a meeting held on the ____th day of _______, 2022.

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM

SOLACHE AND MAYOR CASANOVA

NOES: NONE

ABSENT: NONE

ABSTAIN: NONE

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2022.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this ____th day of _________, 2022.

___________________________
Maria Quiňonez,
City Clerk

City Council Regular Meeting - Page 94 of 194
Agenda Item # 10.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Harry Wong, Director of Finance & Administration
Michael M. Blazenski, Finance Consultant

SUBJECT:

FINANCIAL STATUS REPORT – MARCH 2022
Recommendation:

Staff recommends that the City Council receive and file this report.

Background:

Discussion and Analysis:

The monthly report provides a brief overview of the City finances as it pertains to the General Fund for nine months ending March 31, 2022. A brief explanation is included along with Revenue and Expenditures actual activity.

Please note the approved FY 2021-22 Mid-Year budget adjustments are not reflected in activity; information will be reflected in the April 2022 financial status report.

The information is unaudited; however, the information presented does represent the cash activity for the General Fund for the periods indicated.

Fiscal Impact:

The action recommended in the report does not have a fiscal impact on the City; the report is solely informational.

Coordinated With:

City Council Regular Meeting - Page 95 of 194
City Manager’s Office
City Attorney
ATTACHMENTS:

Description
Financial Status Report - March 2022
City Council Regular Meeting - Page 96 of 194
CITY OF LYNWOOD
FINANCIAL STATUS REPORT
Fiscal Year 2021‐22
Nine months ending March 31, 2022
(Unaudited)

This report summarizes the activities of the General Fund and is not meant to be inclusive of all finance and accounting transactions and excludes encumbrances. It is intended only to provide the City Council and the public with an overview of the state of the City’s general fiscal condition. This report is for the nine months ending March 31, 2022.

GENERAL FUND BUDGET POSITION

The City Council adopted the FY 2021‐22 budgets on July 20, 2021 with approved General Fund estimated revenue of $38,044,359 and expenditures of $39,403,060 with these amounts including transfers with other city funds. Adjustments to the
budget have increased the revenue budget to $38,146,043 and expenditures to $39,662,527. The major budget adjustments approved by the City Council at midyear review will be reflected in the April report.

GENERAL FUND REVENUES

Table 1 highlights the amount and percentage of revenues received in each of the major classifications as of March 31,
2022. The first nine months results for fiscal year 2021‐22 show General Fund revenues coming in at 64% of budget. The cash receipts are typical at this time of the year due to the cyclical nature of when revenue receipts are received; however, the City had a one‐time receipt of additional monies in the month discussed below. More of the revenues are received in the second half of the year. In the case of Sales Tax, the majority is received later in the year.

Table 1
GENERAL FUND REVENUES
As of March 31, 2022
2021-22
Adopted
Budget
2021-22
Amended
Budget
2021-22
Year-To-Date
Actuals
YTD % of
Amended
Budget
Revenue Type
Sales Tax 11,985,000 $ 11,985,000 $ 7,824,992 $ 65% Property Tax 11,749,426 11,749,426 6,463,665 55% Utility User Tax 5,270,000 5,270,000 3,781,711 72% Other Taxes & Assessments 1,584,964$ 1,584,964 $ 631,434 $ 40% Licenses & Permits 805,100 906,784 $ 796,852 88% Fines, Forfeitures, Penalties 913,500 913,500 910,007 100% Use of Money & Property 382,997 382,997 2,175,428 568% Intergovernmental 149,929 149,929 120,734 81% Charges for Services 1,239,445 1,239,445 1,200,220 97% Administrative support 1,118,674 1,118,674 125,000 11% Miscellaneous 747,850 747,850 322,298 43% Transfer in 2,097,474 2,097,474 37,858 2% Total Revenues 38,044,359 $ 38,146,043 $ 24,390,199 $ 64%

City Council Regular Meeting - Page 97 of 194
Property Taxes including the in‐lieu payments comprises 30.9% of the total General Fund annual revenues and are primarily received in December/January and April/May timeframes. Property tax revenues through January are at 55% of the annual budget. This percentage is about what is expected since the first half of property taxes have been paid to the County. It appears that property taxes will exceed the budgeted amount and an adjustment has been proposed at the midyear review and will be shown in the April report.

Sales Tax including Measure PS comprises 31.5% of the total annual General Fund revenues. Revenues received through
December came in at 65% of the budgeted amount as the state was still paying sales tax related to the prior fiscal year in July and August. The amount of sales tax revenue collected, so far, is exceeding the budgeted projection. It is still too early to determine the extent of the amount expected sales tax revenue for the fiscal year; however, an adjustment has been proposed at the midyear review and will be reflected in the April report.

Utility User Tax comprises 13.9% of the total annual General Fund revenues. These funds are paid to the City one month after collection. Collections of 72% have been made to date.

All other taxes includes Transfer tax, Franchise tax, Cannabis tax and other small miscellaneous collections. These comprises 4.1% of the total General Fund annual revenues. Revenues received through February came in at 40% of the adopted budgeted amount. Much of
this revenue is received in the April‐May‐June time period.

Licenses and Permits comprises 2.1% of the total General Fund annual revenues. Revenues received through February 28 came in at 88% of the adopted budgeted amount.

Charges for Services comprises 3.1% of the total General Fund annual revenues. Revenues received through February 28
came in at 97% of the adopted budgeted amount. While this is very encouraging, this category is variable so the City is still being conservative and keeping the same budgeted amount.

Use of money and Property is comprised of interest earned on investments and on the sale of City properties. In the month of March the City sold the property designated for the Atlantic Housing Project for $2,000,000. This is reflected above and was not budgeted as revenue in the current budget.

City Council Regular Meeting - Page 98 of 194

GENERAL FUND EXPENDITURES

Table 2 highlights the amount and percentage expended by each department. As of March 31, the General Fund departments combined have expended 55% of the budget which is typical for nine months of the fiscal year.

Table 2
GENERAL FUND EXPENDITURES
As of March 31, 2022

Department Expenditures
2021-22
Adopted
Budget
2021-22
Amended
Budget
2021-22
Year-To-
Date
Actuals
YTD % of
Amended
Budget
General Government
City Council 308,090 $ 338,410 $ 190,677 $ 56% City Manager 1,603,422 1,603,422 925,446 58% City Attorney 315,560 315,560 178,513 57% Information Technology 548,823 548,823 329,001 60% Human Resources 919,285 919,285 346,765 38% City Treasurer 223,382 223,382 136,223 61% Public Safety 20,541,020 20,541,020 12,770,956 62% City Clerk 330,858 330,858 168,244 51% Finance &Administration 522,791 522,791 344,035 66% Community Development 4,464,656 4,678,803 2,824,759 60% Public Works 2,787,617 2,787,617 1,697,474 61% Community Services 3,419,876 3,434,876 1,888,523 55% Successor Agency Admin 279,068 279,068 197,142 71% Trans fers 3,138,612 3,138,612 - 0% Total Expenditures 39,403,060$ 39,662,527 $ 21,997,758 $ 55%

As discussed above the overall expenditures are at a level that is expected for the first nine months of the new fiscal year. This is the result of vendors and contractors invoicing in the month after the work is performed. This means that salaries are current but operating expenses can be one to two months behind in being invoiced to the city. Currently, it appears that the city is spending less than was budgeted.

City Council Regular Meeting - Page 99 of 194
Agenda Item # 11.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Mark Flores, Director of Recreation and Community Services Jose Trejo, Deputy Director

SUBJECT:

RESOLUTION AUTHORIZING THE PURCHASE OF A TRUCK AND SPORTS FIELD

EQUIPMENT
Recommendation:

Staff recommends that the Lynwood City Council adopt the attached resolution entitled: “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PURCHASE OF A TRUCK AND SPORTS INFIELD GROOMER”

Background:

of its members, that such an acquisition may be more
economically and efficiently effected through the use of an alternate procedure.

Discussion and Analysis:

City Council previously approved the use of a cooperative purchasing agreement for the purchase of vehicles and equipment on December 15, 2020 (Resolution #2020.166).

Staff has identified the desired truck and sports infield equipment in Attachment “A” and Attachment “B”. As a matter of due diligence, staff contacted multiple local dealerships to obtain pricing on comparable trucks and sports field vehicle equipment. However, local dealerships were not able to provide pricing due to no availability of comparable vehicles, delays in manufacturer build schedules and general production backlogs throughout the City Council Regular Meeting - Page 100 of 194
country.

In an effort to streamline and expedite the purchase of the truck and equipment, staff recommends that the City Council authorize use of (a)
Sourcewell
’s national cooperative agreement #
091521-NAF
with National Auto Fleet
Group for the purchase of the truck and (b) the National Intergovernmental Purchasing Alliance Company (NIPA) cooperative agreement

#2017025 with the Toro Company for the sports infield equipment.

This type of purchase option is similar to “piggyback” procurement pursuant to Lynwood Municipal Code Section 6-6.8(A) for public works contracts which allows securing a contract for a public project with this purchasing method. Piggyback procurement utilizes another public agency’s contract or agreement to obtain more advantageous prices and terms that cannot be otherwise obtained on the open market.

Both of the national master agreements offer competitive pricing. This meets the City’s goal of receiving competitive pricing through competitive bidding. The
Sourcewell
price, offered by National Auto Fleet Group
(NAFG), is $29,464
for a 2022
Ford Maverick (W8F) XL AWD
Truck. The NIPA price, offered by the Toro
Company, is $29,520 for an infield groomer utility vehicle. This is an alternate procurement procedure and as we revise the purchasing policy we will include such processes to satisfy the current language in the municipal code requiring a four-fifths vote of the City Council as this action is recommending. This alternate procurement waives the formal bidding process by utilizing cooperative agreements to complete the purchases and making a finding, by way of a four-fifths vote of the City Council that such a purchase is more economically and efficiently effected through the use of this alternate procurement method.

It is anticipated that it will take approximately 3 - 8 months for the City to take delivery of said vehicle and equipment. With this in mind and if needed, staff further recommends that the purchase orders for the truck and equipment be authorized to be carried over into the new FY 23 budget.

Fiscal Impact:

No additional appropriation is being requested with the recommended actions. At its meeting held on April 5, 2022, the City Council approved the budget appropriation for the vehicle and sports field groomer equipment purchase (Resolution #2022.057) and is available in the Recreation Department’s Sports Division accounts (#1011.60.705.66020 and #1011.60.705.66015).

Coordinated With:

City Attorney’s Office
Finance Department
ATTACHMENTS:

Description
Resolution - Truck and Field Groomer Equipment 050322
Attachment A - Truck Quote 050322
Attachment B - Toro Field Groomer Quote 050322
Attachment C - SourceWell Summary Page 050322
City Council Regular Meeting - Page 101 of 194
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

THE PURCHASE OF A TRUCK AND SPORTS INFIELD GROOMER AND WAIVING

FORMAL BIDDING BY UTILIZING COOPERATIVE AGREEMENTS TO COMPLETE

THE PURCHASES AND MAKING A FINDING, BY WAY OF A FOUR-FIFTHS VOTE OF

THE CITY COUNCIL, THAT SUCH A PURCHASE IS MORE ECONOMICALLY AND

EFFICIENTLY EFFECTED THROUGH THIS USE OF AN ALTERNATE PROCEDURE AS AUTHORIZED UNDER THE LYNWOOD MUNICIPAL CODE SECTION 6-3.13(a)(3).

WHEREAS, on April 5, 2022, the City Council of the City of Lynwood approved an appropriation in its Mid-Year Budget adjustments approval process for a pickup truck and equipment for use by the Recreation Department; and

WHEREAS, pursuant to the Lynwood Municipal Code Section 6 -3.7(b)(2), purchases of supplies, equipment and routine services where the dollar amount involved is $25,000 or more shall be by formal competitive bid; and

WHEREAS, the Lynwood Municipal Code Section 6 -3.13(a)(3) allows for an exception to the formal bidding process if the City Council finds by resolution adopted by not less than 4/5 ths of its members that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure such as using a cooperative purchasing contracts; and

WHEREAS, Sourcewell and NIPA are cooperative purchasing agencies focused on the development of Request for Proposals (RFPs) and competitive government bidding processes for purchasing contracts such as products, equipment, and services that meet local requirements, which can be utilized by member agencies; and

WHEREAS, Sourcewell offers competitive pricing on the purchase of a Ford Maverick (W8F) XL AWD Pickup Truck with accompanying accessories; and

WHEREAS, NIPA offers competitive pricing on the purchase of a Toro Sand Pro Groomer (3040) with accompanying accessories; and

WHEREAS, the alternate source of acquisition by utilizing Sourcewell and NIPA procurement resources, manpower, purchasing power gives the City the best pricing opportunity.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:

City Council Regular Meeting - Page 102 of 194
Section 1. The City Council for the City of Lynwood finds and declares that the forgoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.

Section 2. The City Council of the City of Lynwood approves and authorizes the City Manager to execute a purchase order with National Auto Group Fleet for a Ford Maverick (W8F) XL AWD Pickup Truck with accompanying accessories not-to-exceed $35,000 as offered by the contractor National Auto Fleet Group utilizing a Sourcewell bid process ; and a purchase order with TurfStar Western for a Toro Sand Pro 3040 with accompanying accessories not to exceed $33,000 as offered by the contractor TurfStar Western utilizing a NIPA bid process.

Section 3. The City Council of the City of Lynwood finds by a four -fifths vote of its members that such acquisition is more economically and efficiently effected through the use of an alternate procedure such as contracting directly with Sourcewell, a cooperative purchasing agency, pursuant to Lynwood Municipal Code Section 6-3.13(a)(3).

Section 4. The City Council of the City of Lynwood authorizes the payment through the pre-pay process should the selected vendors require payment upon delivery.

Section 5. The City Council of the City of Lynwood authorizes the City Manager to execute a purchase order for each purchase and allow s the designated funding to be carried over into the new FY-23 as it is anticipated that it will take approximately three to nine months to receive the truck and equipment.

Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this 3rd day of May 2022.

________________________________
Jorge Casanova, Mayor

ATTEST:

___________________________ _________________________________ Maria Quinonez, Ernie Hernandez,
City Clerk City Manager

City Council Regular Meeting - Page 103 of 194
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_________________________ ________________________________ Noel Tapia, Mark Flores,
City Attorney Director of Recreation and Community Srvcs.

City Council Regular Meeting - Page 104 of 194

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 3rd day of May, 2022 and passed by the following vote:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO MAYOR PRO TEM

SOLACHE, AND MAYOR CASANOVA

NOES: NONE

ABSTAIN: NONE

ABSENT: NONE

Maria Quinonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adop ted on the date and by the vote therein stated. Dated this 3rtd day of May, 2022.

Maria Quinonez,
City Clerk

City Council Regular Meeting - Page 105 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 3/12 One Unit
(MSRP)
One Unit Total %
Savings
Total Savings
Contract Price $27,435.00 $26,716.54 2.619 % $718.46
Tax (10.2500 %) $2,738.45
Tire fee $8.75
Total $29,463.74
Randy Lester
Account Manager
Email: [email protected]
Office:
(855) 289-6572
Fax: (831) 480-8497
4/12/2022 Quote ID: 20042
Order Cut Of
f Date: TBA
Mr Jose Trejo
City of Lynwood Recreation DPT
11330 Bullis Road
Lynwood, California, 90262
Dear Jose Trejo,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

One (1) New/Unused (2022 Ford Maverick (W8F) XL AWD SuperCrew 121.1" WB 4.5' Box, ) and delivered to your specified location, each for
- per the attached specifications.

This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,

ATTACHMENT A
City Council Regular Meeting - Page 106 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 4/12

Purchase Order Instructions & Resources

In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email:

[email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076

We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: [email protected] General Inquiries: [email protected]

For general questions or assistance please contact our main office at:
1-855-289-6572

ATTACHMENT A
City Council Regular Meeting - Page 107 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 5/12 Vehicle Configuration Options
ENGINE
Code Description
999 ENGINE: 2.0L ECOBOOST, (STD)

TRANSMISSION
Code Description
448 TRANSMISSION: 8-SPEED AUTOMATIC, (STD)
TIRES
Code Description
T7R TIRES: 225/65R17 A/S BSW

PRIMARY PAINT
Code Description

YZ OXFORD WHITE

PAINT SCHEME
Code Description
___ STANDARD PAINT

SEAT TYPE
Code Description
9W
BLACK ONYX/DARK SLATE, FRONT CLOTH BUCKET SEATS, -inc: manual 6-way adjustable driver and 4-way manual adjustable passenger, front floor console w/eShifter, armrest and storage bin

AXLE RATIO
Code Description
___ UPGRADED DRIVE RATIO

ADDITIONAL EQUIPMENT
Code Description
53Q
4K TOW PACKAGE, -inc: Trailer Hitch Receiver, 7-pin connector, Upgraded Drive Ratio, Upgraded Cooling Fan, Higher Capacity Radiator, Transmission Oil Cooler, Trailer Brake Controller, Tires: 225/65R17 A/S BSW
86B
FORD CO-PILOT360, -inc: Full-Size Spare, BLIS Blind Spot Info System w/Cross-Traffic Alert, Manual-Folding Power Glass Sideview Mirrors, Lane-Keeping System, lane-keeping aid, Lane-Keeping Alert and Driver Alert System
60B TRAILER HITCH RECEIVER W/4-PIN CONNECTOR

ATTACHMENT A
City Council Regular Meeting - Page 108 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 6/12 96J HARD DROP-IN BEDLINER, -inc: 4 cargo tie downs
63B FRONT & REAR MOLDED SPLASH GUARDS (4-PIECE)
942 DAYTIME RUNNING LAMPS (NON-CONFIGURABLE)
16C FRONT & REAR FLOOR LINERS W/O CARPET MATS, -inc: Deletes standard carpeted front floor mats
76B REAR PARKING SENSORS
47K 400W INVERTER, -inc: 1 location (cab only)

OPTION PACKAGE
Code Description
100A EQUIPMENT GROUP 100A STANDARD

ATTACHMENT A
City Council Regular Meeting - Page 109 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 7/12 2022 Ford Maverick XL AWD SuperCrew 121.1" WB 4.5' Box

CODE MSRP
W8F $19,995.00

999 $0.00
448 $0.00
T7R INC
YZ $0.00
___ $0.00
9W $0.00
___ INC
53Q $745.00
86B $650.00
60B $100.00
96J $375.00
63B $180.00
942 $45.00
16C $135.00
76B $260.00
47K $150.00
100A $3,305.00
2022 Fleet/Non-Retail Ford Maverick XL AWD SuperCrew
121.1" WB 4.5' Box

WINDOW STICKER

MODEL
2022 Ford Maverick XL AWD SuperCrew 121.1" WB 4.5' Box

OPTIONS
ENGINE: 2.0L ECOBOOST, (STD)
TRANSMISSION: 8-SPEED AUTOMATIC, (STD)
TIRES: 225/65R17 A/S BSW

OXFORD WHITE

STANDARD PAINT
BLACK ONYX/DARK SLATE, FRONT CLOTH BUCKET SEATS, -inc: manual 6-way adjustable driver and 4-way manual adjustable passenger, front floor console w/eShifter, armrest and storage bin

UPGRADED DRIVE RATIO
4K TOW PACKAGE, -inc: Trailer Hitch Receiver, 7-pin connector, Upgraded Drive Ratio, Upgraded Cooling Fan, Higher Capacity Radiator, Transmission Oil Cooler, Trailer Brake Controller, Tires:
225/65R17 A/S BSW
FORD CO-PILOT360, -inc: Full-Size Spare, BLIS Blind Spot Info System w/Cross-Traffic Alert, Manual-Folding Power Glass Sideview Mirrors, Lane-Keeping System, lane-keeping aid, Lane- Keeping Alert and Driver Alert System
TRAILER HITCH RECEIVER W/4-PIN CONNECTOR
HARD DROP-IN BEDLINER, -inc: 4 cargo tie downs
FRONT & REAR MOLDED SPLASH GUARDS (4-PIECE)

DAYTIME RUNNING LAMPS (NON-CONFIGURABLE)
FRONT & REAR FLOOR LINERS W/O CARPET MATS, -inc: Deletes standard carpeted front floor mats

REAR PARKING SENSORS
400W INVERTER, -inc: 1 location (cab only)
EQUIPMENT GROUP 100A STANDARD
Please note selected options override standard equipment

ATTACHMENT A
City Council Regular Meeting - Page 110 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 8/12 $25,940.00

$0.00

$1,495.00

$27,435.00
Est City: 22 MPG
Est Highway: 29 MPG
Est Highway Cruising Range: 478.50 mi

SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge

TOTAL PRICE

Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

ATTACHMENT A
City Council Regular Meeting - Page 111 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 9/12 Standard Equipment

MECHANICAL
Engine: 2.0L EcoBoost
Transmission: 8-Speed Automatic

3.63 Axle Ratio
GVWR: 5,205 lbs
50-State Emissions System
Engine Auto Stop-Start Feature
Transmission w/Driver Selectable Mode
Automatic Full-Time All-Wheel
70-Amp/Hr 700CCA Maintenance-Free Battery w/Run Down Protection 190 Amp Alternator
1500# Maximum Payload
Gas-Pressurized Shock Absorbers
Front And Rear Anti-Roll Bars
Electric Power-Assist Speed-Sensing Steering
Single Stainless Steel Exhaust

16.5 Gal. Fuel Tank
Permanent Locking Hubs
Strut Front Suspension w/Coil Springs
Multi-Link Rear Suspension w/Coil Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake

EXTERIOR
Wheels: 17" Sparkle Silver Steel
Tires: P225/65R17 A/S BSW
Regular Box Style
Wheels w/Hub Covers
Steel Spare Wheel
Compact Spare Tire Mounted Underbody
Clearcoat Paint
Body-Colored Front Bumper w/Black Rub Strip/Fascia Accent Black Rear Step Bumper
Black Side Windows Trim and Black Rear Window Trim
Black Door Handles
Black Manual Side Mirrors w/Manual Folding
Fixed Rear Window

ATTACHMENT A
City Council Regular Meeting - Page 112 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 10/12 Deep Tinted Glass
Fixed Interval Wipers
Galvanized Steel/Aluminum Panels
Black Grille
Tailgate Rear Cargo Access
Manual Tailgate/Rear Door Lock
Autolamp Auto On/Off Aero-Composite Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Cargo Lamp w/High Mount Stop Light
Headlights-Automatic Highbeams

ENTERTAINMENT
Radio: AM/FM Stereo w/6 Speakers -inc: 2 front USB ports - 1 type A and 1 type C, 8" center stack screen w/standard Bluetooth connectivity for Apple CarPlay and Android Auto Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Steering Wheel Controls, Voice Activation, Radio Data System and External Memory Control Streaming Audio
Integrated Roof Antenna
2 LCD Monitors In The Front

INTERIOR
Driver Seat
Passenger Seat
Full Folding Bench Front Facing Fold Forward Seatback Cloth Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer, Trip Odometer and Trip Computer
Power Rear Windows
FordPass Connect 4G Mobile Hotspot Internet Access
Front Cupholder
Rear Cupholder
Compass
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Manual Air Conditioning
HVAC -inc: Underseat Ducts
Glove Box
Driver Foot Rest
Interior Trim -inc: Colored Instrument Panel Insert, Colored Door Panel Insert and Other Interior Accents
Full Cloth Headliner

ATTACHMENT A
City Council Regular Meeting - Page 113 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 11/12 Urethane Gear Shifter Material
Front Cloth Bucket Seats -inc: manual 6-way adjustable driver and 4-way manual adjustable passenger, front floor console w/eShifter, armrest and storage bin Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w/Driver And Passenger Auxiliary Mirror Mini Overhead Console w/Storage and 2 12V DC Power Outlets Front Map Lights
Fade-To-Off Interior Lighting
Full Carpet Floor Covering -inc: Carpet Front Floor Mats Pickup Cargo Box Lights
Tracker System
Smart Device Integration
Instrument Panel Bin, Dashboard Storage, Driver / Passenger And Rear Door Bins and 2nd Row Underseat Storage
Power 1st Row Windows w/Driver 1-Touch Down
Delayed Accessory Power
Power Door Locks w/Autolock Feature
Systems Monitor
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Analog Appearance
Seats w/Cloth Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints 1 Seatback Storage Pocket
Securilock Anti-Theft Ignition (pats) Engine Immobilizer 2 12V DC Power Outlets
Air Filtration
SAFETY
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags 911 Assist Emergency Sos
Ford Co-Pilot360 - Automatic Emergency Braking (AEB)
Collision Mitigation-Front
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st And 2nd Row Airbags

ATTACHMENT A
City Council Regular Meeting - Page 114 of 194
4/12/22, 12:01 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/20042?ws=true&se=true&ssdType=QuickQuote 12/12 Airbag Occupancy Sensor
Driver Knee Airbag
Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder w/Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Back-Up Camera

ATTACHMENT A
City Council Regular Meeting - Page 115 of 194
Date: April 12, 2022
Quotation
for City Of Lynwood
Quote No:3313689-00
1 | P age
Prepared For: Jose Trejo Quote No: 3313689-00
City Of Lynwood iQuote No: 102990
11330 Bullis Road
Lynwood,
CA 90262
Sales Person: Rick Danielson
[email protected]
(714)
475-8967
National IPA Pricing: Contract 2017025, IPA Membership required.

Prices, including all finance options, are subject to change based on TurfStarWestern receipt of product and estimated shipment. Product availability is currently a minimum of 6-18 months out.

Summary
Configuration Name Qty Unit Price Sub Total Sales Tax Total 010-Sand Pro 3040 1 $26,871.44 $26,871.44 $2,648.39 $29,519.83 Totals: $26,871.44 $2,648.39 $29,519.83

ATTACHMENT B
City Council Regular Meeting - Page 116 of 194
Date: April 12, 2022
Quotation for City Of Lynwood
Quote No:3313689-00
2 | Page
Configuration Product Details
010-Sand Pro 3040
Model Product Description Qty Unit Price Extended Sales Tax Total 08743 Sand Pro 3040 1 $19,273.02 $19,273.02 $1,975.48 $21,248.50 08734 Solid Tine Toolbar 1 $1,074.84 $1,074.84 $110.17 $1,185.01 08838 Midmount Toolbar System Sand Pro 3040/5040 1 $1,479.66 $1,479.66 $151.67 $1,631.33 08761 QAS Nail Drag 1 $1,492.14 $1,492.14 $152.94 $1,645.08 112-1424 DRAG MAT ASM, SANDPRO 1 $1,621.21 $1,621.21 $166.18 $1,787.39 108-9427 LIFT ARM ADAPTER ASM 1 $489.16 $489.16 $50.14 $539.30 110-1375 HITCH KIT 1 $147.22 $147.22 $15.08 $162.30
08740 LED Light Kit Sand Pro 1 $260.67 $260.67 $26.73 $287.40 FSD1 Setup 1 $516.76 $516.76 $0.00 $516.76
FSD2 Delivery 1 $516.76 $516.76 $0.00 $516.76
Totals: $29,519.83

ATTACHMENT B
City Council Regular Meeting - Page 117 of 194
Date: April 12, 2022
Quotation for City Of Lynwood
Quote No:3313689-00
3 | Page
Standard Terms and Conditions
Prices including all finance options are subject to change based on Turf Star Western’s receipt of product and estimated shipments. Currently, product availability is a minimum of 6-18 months. Your Final Price will be determined at time of shipment. Delivery is FOB point of origin unless otherwise stated.

Office Locations
Northern California: Southern California: Pacific Northwest:
3928 N.Blattela Lane 79-253 Country Club Drive 1750 Industrial Dr.NE Fresno, CA 93727 Bermuda Dunes, CA 92203 Salem, OR 97301 Fax: (559) 277-7123 Fax: (760) 345-4297 Ph: (503) 691-0250 2438 Radley Court 955 Beacon Street 5869 South 194th Hayward, CA 94545 Brea, CA 92821 Kent, WA 98032 Fax: (510) 785-3576 Fax: (800) 775-8873 Fax: (253) 872-6942 11373 Sunrise Gold Circle 2110 La Mirada Ste 100 2824 East Garland Rancho Cordova, CA 95742 Vista, CA 92083 Spokane, WA 99207 Fax: (800) 241-1997 Fax: (760) 734-4285 Fax: (509) 483-7563 WARNING:

Cancer and Reproductive Harm-http://www.P65Warnings.ca.gov For more information, please visit http://www.ttcoCAProp65.com

CALIFORNIA SPARK ARRESTER WARNING
Operation of this equipment in the State of California may create sparks that can start fires around dry vegetation. A spark arrestor may be required.

The operator should contact local fire agencies for laws or regulations relating to fire prevention requirements.

ATTACHMENT B
City Council Regular Meeting - Page 118 of 194
Front Attachments
With the Quick Attach System™ (QAS)
and over 30 attachments, the Sand Pro
3040 & 5040 are versatile utility vehicles
with many uses on golf courses and
sports fields. The QAS lets you change
most attachments in under a minute,
with no tools required. And the variety
of attachments allows you to repair a
bunker, groom wet or dry sand, blow
debris or reconstruct a tee with one
machine. The Sand Pro keeps your course
or field in tournament condition every day.

Bunker Pump
• Throws water up to 40' (12 m) and can pump 95 gal/min (
360 l/min)
• Ad
justable throw direction and angle
Bunker Pump Remote Discharge
• 50
' (15 m) discharge hose allows Bunker Pump to be placed in hard to reach areas
Manual Blade
• Spring-balanced steel blade is ideal for leveling
u
neven areas and pushing up bunker walls
• Fo
ot lever enables additional downward pressure
60" Blade Extension
• 60
" (152 cm) blade for leveling larger areas
Nordic Plow
• Clears snow and debris from any surface
• Ro
unded edge will not harm turf, making quick work of
aeration core clean up
• Mo
unts over Manual Blade or to front QAS (5040 only)
Available from Nordic Plow
NordicPlow.com 800-662-7569
Lip Broom
• Hydraulically-powered lip broom maintains infield
l
ips by removing ridge buildup and sweeping material
back into infield
Available from Rahn Industries
RahnIndustries.com 800-298-1707
Hydraulic Flex Blade
• Steerable flex design provides ultimate control
• Le
vels, packs and smooths uneven areas in one pass
• Du
al-function edge can be rotated on the jagged or
smooth side
Sand Pro 3040/5040

SAND PRO
®
3040/5040

ATTACHMENTS & ACCESSORIES
©2018 The Toro Company.

Bloomington, MN 55420-1196
Rev. 7/18
Specifications subject to change.

Please contact your Toro distributor for details.

Golf Infields/Sports Fields Synthetic Turf Other Surfaces NEW

ATTACHMENT B
City Council Regular Meeting - Page 119 of 194
Rear Attachments
Sand Pro
®
3040/5040 Accessories and Attachments
Tooth Rake
• Lightly scarify, pack, smooth, and groom in wet or dry c
onditions
Weight Kit
• In
creased performance in coarse or wet conditions
Tooth Rake Broom
•
At
taches behind the Tooth Rake for a smoother finish
Pivoting Trowels Kit for Tooth Rake
•
Pr
ovides full grooming in tight bunkers
Drag Mat Carrier System
• Carrier frame allows operators to hydraulically raise and l
ower drag mats from the operator’s seat
Manual Drag Mat
• Works in tandem with Nail Drag to smooth and even
s
carified surfaces
AutoMat Drag Mat
• Automatically engages the infield skin as the Nail Drag i
s lowered
Coco Drag Mat
• Quickly produces a premium finish on dry, level surfaces Basic Drag Mat System
• Simple drag mat system
Flex Groomer
• Pairs with Nail Drag offering complete grooming in one p
ass
Flex Tooth Rake
• Follows contours for superior grooming regardless of
b
unker undulations
• Ge
ntle on turf and bunker liners
Spring Rake
• Leaf rake assembly great for collecting debris in groomed ar
eas
• Ca
n be used alone or with Tooth Rake
Steel Drag Mat
• Quickly groom and finish more rugged surfaces, both wet a
nd dry
Specifications subject to change.

Please contact your Toro distributor for details. Rev. 7/18 Nail Drag
• Use to scarify, loosen, or weed before smoothing
• Ea
sily adjust nail pattern and depth
• Ac
cepts up to 40D common nail
NEW
NEW
NEW
NEW
NEW
Golf Infields/Sports Fields Synthetic Turf Other Surfaces Spiker
• Spikes greens and other formal turf to increase airflow Debris Blower
• Quickly clears debris from unwanted areas
Bunker Pump
• Throws water up to 40' (12 m) and can pump 95 gal/min (
360 l/min)
• Ad
justable throw direction and angle
Bunker Pump Remote Discharge
• 50
’ (15 m) discharge hose allows Bunker Pump to be placed in hard to reach areas
Finish Grader
• Weeder, solid, or carbine tines can be mounted to Finish G
rader to level or scarify large areas
• Sp
ring load regulation allows for relief if obstruction is hit

ATTACHMENT B
City Council Regular Meeting - Page 120 of 194
Rear Attachments
Mid Attachments
Sand Pro
®
3040/5040 Accessories and Attachments
Segmented Grooming Broom
• Minimizes top surface disruption, maximizes firmness, a
nd provides a smooth finished look
Replacement Segmented Grooming Broom
• Bro
om with stiffer bristles
Weight Kit for Segmented Grooming Broom
•
Im
prove performance in coarse or wet conditions
Lip Broom
• Maintains infield lips by removing ridge buildup and sweeping m
aterial back into infield
• Us
e traction unit controls to adjust aggressiveness and speed • Op
tional edging attachments for trimming cart paths and
walkways
Available from Rahn Industries
RahnIndustries.com 800-298-1707
Rahn Groomer
• Use lock or float position to level uneven playing fields • Pr
events ridge build up and creates a safer infield
Available from Rahn Industries
RahnIndustries.com 800-298-1707
Golf Infields/Sports Fields Synthetic Turf Other Surfaces Weeder Tine Toolbar
• Ideal for removing weeds and grass from bunkers and
in
fields
Solid Tine Toolbar
• Great for loosening compact bunkers and scarifying
in
fields
• Ti
nes can be rotated to maximize life
Spring Tine Toolbar
• Use for light to moderate scarifying and daily maintenance o
n bunkers and infields
Carbide Tine Toolbar
• Carbide tips withstand the harshest conditions
• Per
fect for loosening compacted infields
Leveling Blade
• Attach to any mid-mount toolbar
• Ab
ility to lower blade independently of other toolbars
• Sel
ectable depth setting for more consistent leveling
Sports Field Edger
• Maintain or renovate ball fields by removing overgrown turf i
nfield or warning track lip build up
Specifications subject to change.

Please contact your Toro distributor for details. Rev. 7/18

ATTACHMENT B
City Council Regular Meeting - Page 121 of 194
Accessories
Sand Pro
®
3040/5040 Accessories and Attachments
Front Lift Frame Assembly
• Front QAS mounting assembly and hydraulic components
5 0 lb. Front Weights
• Al
lows Spiker or Rahn Groomer attachments without the
Front Lift Frame Assembly to meet ANSI compliance
Mid-Mount Assembly
• Base mounting assembly for mid-mount toolbars featuring s
pring-loaded relief if obstruction is hit
Front Remote Hydraulics
• Quick connect design allows front powered attachments to b
e connected in under a minute
Rear Remote Hydraulics
• Quick connect design allows rear powered attachments to b
e connected in under a minute
Variable Orifice Kit
• Slows hydraulic lift and lower for increased precision QAS A-Frame
• Used to attach Spring Rake to be used independently
400 Hour Filter Maintenance
• 9 engine oil filters, 2 hydraulic oil filters, and 2 air filters Speed Control Kit
• Limits grooming to desired speed while allowing for full t
ransport speed
Hitch/Tow Bar
• Allows traction unit to transport materials or trailers Light Kit
• Front and rear flood lights
Tires
Smooth Tire
• Includes individual tire, wheel, and stem valve assembly • Ty
pically used on greens
Turf Tire
• Turf tread tire

CONFIGURATION CHART

WORKING WIDTH REQUIRED COMPONENTS OPTIONAL ACCESSORIES

FRONT ATTACHMENTS
HYDRAULIC FLEX BLADE Front Lift Frame Assembly
MANUAL BLADE 60" Blade Extension
BUNKER PUMP - Front Lift Frame Assembly, Front Remote Hydraulics, Rear Remote Hydraulics
Remote Discharge

LIP BROOM
- Front Lift Frame Assembly, Front Remote Hydraulics,
Rear Remote Hydraulics
CHOOSE ONE: Poly Brush OR Cutting Disc OR Wire Brush
Hydraulic Flow Divider
NORDIC PLOW Front Lift Frame Assembly

REAR ATTACHMENTS
TOOTH RAKE Spring Rake, Pivoting Trowels Kit, Broom,
Weight Kit

FLEX TOOTH RAKE
SPRING RAKE CHOOSE ONE: Tooth Rake OR QAS A-Frame
COCO DRAG MAT Drag Mat Carrier System
STEEL DRAG MAT Drag Mat Carrier System
NAIL DRAG Flex Groomer
CHOOSE ONE: AutoMat OR Manual Drag Mat
FLEX GROOMER Nail Drag
AUTOMAT DRAG MAT Nail Drag
BASIC DRAG MAT SYSTEM QAS Lift Arm Adapter, Hitch Tow Bar Kit MANUAL DRAG MAT Nail Drag or Finish Grader

FINISH GRADER
Manual Drag Mat
CHOOSE ONE: Weeder Tines OR Carbide Tines
OR Solid Tines
DEBRIS BLOWER - Rear Remote Hydraulics
SPIKER
LIP BROOM - Rear Remote Hydraulics
CHOOSE ONE: Poly Brush OR Cutting Disc OR Wire Brush

RAHN GROOMER
SEGMENTED GROOMING BROOM Stiffer Bristles, Weight Kit
BUNKER PUMP - Rear Remote Hydraulics Remote Discharge

MID ATTACHMENTS
WEEDER TINE TOOL BAR Mid-Mount Assembly Leveling Blade
SPRING TINE TOOL BAR Mid-Mount Assembly Leveling Blade
SOLID TINE TOOL BAR Mid-Mount Assembly Leveling Blade
CARBIDE TINE TOOL BAR Mid-Mount Assembly Leveling Blade SPORTS FIELD EDGER* - Rear Remote Hydraulics
*Sports Field Edger can be installed in addition to with other mid-mount attachments Golf Infields/Sports Fields Synthetic Turf Other Surfaces Specifications subject to change.

Please contact your Toro distributor for details. Rev. 7/18 | 91cm (w)
| 185cm (w)
36”
40” | 102cm (w)
64” | 163cm (w)
73”
| 216cm (w)85”
| 203cm (w)80”
| 183cm x 91cm72” x 36”
| 183cm x 91cm72” x 36”
| 164cm (w)65”
| 183cm (w)72”
| 198cm x 30cm78” x 12”
| 198cm x 183cm78” x 72”
| 183cm x 91cm78” x 36”
| 168cm (w)66”
| 155cm (w)61”
| 183cm (w)72”
| 183cm (w)72”
| 147cm58”
| 147cm58”
| 147cm58”
| 147cm58”

ATTACHMENT B
City Council Regular Meeting - Page 122 of 194

PRICE SUMMARY PAGE
SOURCEWELL RFP # 060920
National Auto Fleet Group RFP # 060920 price's utilize a percentage off MSRP/List Pricing offered are MINIMUM DISCOUNTS ranging over 11 manufactures from 2% through 42.66% including all Factory Options MSRP will updated annually
MSRP is controlled and updated by the manufacture from time to time, a percentage off MSRP is utilzed to show MINIMUM DISCOUNT Each Manufacture Range is detailed in the tabs below, here is an overview Ford Motor Company from 2.75% to 18.86%
RAM FCA Company from 6.18% to 13.95%
Chevrolet from 5.73% to 21.39%
HINO from 14.36% to 19.24%
ISUZU from 9.98% to 15.57%
International from 2.01% to 39.33%
Volvo from 23.79% to 24.19%
Freightliner/ Western Star from 34.17% to 42.90%
MACK from 16.97% to 31.95%
Kenworth from 28.11 to 39.31%
Peterbilt from 21.09% to 42.66%
All Models Offered can be upfitted by our Upfitter's or a Members Upfitter of choice Pricing Can be Obtained using two methods:

1. Online ordering process using www.NationalAutoFleetgroup.com Pricing varies from State to State, our online quoting tool is recommended for accuracy Our site will hold most pricing for current and future model years

2. Member's can call NAFG at 1-855-289-6572
Factory Options:

All factory options can be added at the same discount rate Subsequently Optional Equipment:

Additional Keys $ 300 each (2 come standard per vehicle) Service Manuals: $ 400 Each if desired
Extended Warranty (Ford, Chevrolet and Ram Only)
5 year/60 Months, 100,000 Mile, $ 00.00 Deductible = $ 2,500 All other Warranty coverages will need to be quoted separately as an factory option Upfits and Accessories:

All Upfitting can be added, see sperate tab "Upfits"
Upfitters must be Qualified by NAFG to upfit any vehicle Payment Discount Option on Class 6, 7 and 8 Chassis:

A $ 500 credit can be earned by a Member if NAFG is allowed to invoice and collect payment from a Member when there Chassis arrives at an installer for upfitting.

Factory Destination Charge:

NAFG does not control the manufacturer destination charge they add to every vehicle

ATTACHMENT C
City Council Regular Meeting - Page 123 of 194
Destination Charge by the factory is merly to have the unit shipped the first time to the dealer it does not include subsequent shipping to or from an upfitter Alaska and Hawaii Special Shipping Cost will be passed on at cost Credit Card Payment:

Accepted at a MAXIMUM per vehicle of $ 2,500
All Credit Card Payments over $ 2,500 are subject to additional fees which can be passed on Not Included in Pricing:

Pretaining to Dealer Partners: Hino, Isuzu, International, Volvo, Frightliner, Western Star, Mack, Kenworth and Peterbilt Charges not included but can be at the local level for a dealer:

Standard Store Charge/Pack No more than $ 2,000
Local's Wash, Prep and Detail No More than $ 600
If applicable Flooring Charges $ 15 / Day
NewManufacturer/ Models:

As Manufacturers and New Models become available, NAFG will work with Sourcewell to add them to our contract.

Out of Stock Fee:

Dealers may charge an Out of Stock Fee no more than $ 500

ATTACHMENT C
City Council Regular Meeting - Page 124 of 194
Agenda Item # 12.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Mir T. Fattahi, Acting City Engineer

George Cambero, Interim Utility Manager

Lorry Hempe, Public Works Special Projects Manager

SUBJECT:

CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT WELL NO. 19
Recommendation:

Staff recommends for the City Council to adopt the attached resolution entitled:
“A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LYNWOOD FINDING THAT THERE IS A NEED TO CONTINUE THE

EMERGENCY ACTION, BY WAY OF A FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY REHABILITATION ON WELL NO. 19.”

Background:

The
City Council delegated to the City Manager the authority to order any action specified under California Public Contract Code Section 22050(a)(1) and pursuant to Section 22050(b). This delegation gave the City Manager the authority, in case of an emergency, to take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts.

On April 5, 2022, the City Council found that an emergency existed at Well No. 19 necessitating immediate actions. At the same meeting, the City Council authorized the City Manager to begin emergency rehabilitation work which includes backfilling the well, brushing of the casing with Sterilene to remove bio-fouling, patching the seven (7) holes in the well casing, changing the pump from oil to water lubrication, and disinfecting the well and approved the additional optional work on the zone sampling while the well is offline.

Discussion and Analysis:

The approved emergency work at Well No. 19 has not yet been completed. There is a need to continue the City Council Regular Meeting - Page 125 of 194
emergency work.

Four-fifths Vote Requirement to Continue the Action

Pursuant to Public Contract Code Section 22050(c)(1) at every regularly scheduled meeting after the initial review of the emergency action, a four-fifths vote of the City Council is needed to continue the action until the emergency action is terminated.

Fiscal Impact:

Coordinated With:

No additional appropriation is needed.

ATTACHMENTS:

Description
Resolution
City Council Regular Meeting - Page 126 of 194
1 RESOLUTION._____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING

THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION, BY WAY OF A

FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY REHABILITATION ON WELL NO. 19

WHEREAS, Well No. 19 produces water at 2,054 acre feet per year; and

WHEREAS, Well No. 19 water production is almost half of the City’s entire water system; and

WHEREAS, staff has observed that Well No. 19 started producing an overwhelming amount of sand and silt during normal pumping and subsequent videos of the well exposed the holes in the well casing; and

WHEREAS, upon recommendation from the City’s Utility Services Manager and Acting City Engineer, immediate rehabilitation of Well No. 19 is needed to resolve water quality issues and to bring the well back into production; and

WHEREAS, it is cost-effective to conduct the option al zone sampling at a cost of $49,690 while the well is off-line; and

WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5 s vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts provided the public agency is able to make a finding, based on substantial evidence, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency; and

WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5s v ote of its governing body , a public agency may delegate to the City Manager the authority to order any action pursuant to California Public Contract Code Section 22050(a)(1) to address the emergency; and

WHEREAS, on April 5, 2022 , the City Council found that there is substantial evidence in the record demonstrating that the production and presence of an overwhelming amount of sand and silt during normal pumping and subsequent videos of Wells No. 19 and the existence of holes in the well casing has created an emergency requiring immediate action to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and City Council Regular Meeting - Page 127 of 194
2 WHEREAS, the City Council delegated the authority to the City Manager or his or he r designee upon recommendation from the Director of Public Works and/or City Engineer the authority to order any action pursuant to the California Public Contract Code Section 22050 (a)(1) including the waiving of formal competitive bidding requirements to engage a consultant to assess and expose Well No. 19 deficiencies as evidenced by the significant presence of sand and silt as well as holes to the well casing; and

WHEREAS, the City Council authorized the City Manager to begin emergency rehabilitation w ork which includes backfilling the well, brushing of the casing with Sterilene to remove bio -fouling, patching the seven (7) holes in the well casing, changing the pump from oil to water lubrication, and disinfecting the well and approves the additional optional work on the zone sampling while the well is offline; and

WHEREAS, the approved emergency work at Well No. 19 has not yet been completed, thus requiring continuation of the emergency work.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1. That the City Council has reviewed the emergency action and finds that by way of a four-fifths vote of its members, finds that there is a need to continue the action pursuant to Public Contract Code Section 22050(c)(2).

Section 2. This resolution shall take effect immediately upon its adoption.

Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED and ADOPTED this 3rd day of May, 2022.

______________________________
Jorge Casanova
Mayor
ATTEST:

___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager

City Council Regular Meeting - Page 128 of 194
3 APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 129 of 194
4 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 3rd day of May 2022, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 3rd day of May 2022.

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 130 of 194
Agenda Item # 13.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Mir T. Fattahi, Acting City Engineer

Lorry Hempe, Public Works Special Projects Manager

SUBJECT:

CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM Recommendation:

Staff recommends for the City Council to adopt the attached resolution entitled:
“A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LYNWOOD FINDING THAT THERE IS A NEED TO CONTINUE THE

EMERGENCY ACTION, BY WAY OF A FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RESPECT TO THE EMERGENCY RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM.”

Background:

On April 5, 2022, the City Council found that an emergency existed at the Natatorium necessitating immediate actions.

Discussion and Analysis:

Findings of Emergency Actions

On April 5, 2022, the City Council found that
there is substantial evidence in the record demonstrating that the patio wall shows major signs of compromised structural deficiencies, the pool deck shows evidence of detaching and cracking throughout the surface of the pool deck, the electrical system requires replacement to prevent City Council Regular Meeting - Page 131 of 194
electrical shorts and possible fire, and the pool wall requires replacement to avoid collapse has created an created an emergency requiring immediate action to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

The conditions necessitating the emergency actions continue to exist. The emergency renovations and repairs have not been completed.

Four-fifths Vote Requirement to Continue the Action

Fiscal Impact:

No additional appropriation is needed.

Coordinated With:

City Attorney
ATTACHMENTS:

Description
Resolution
City Council Regular Meeting - Page 132 of 194
1 RESOLUTION._____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FINDING

THAT THERE IS A NEED TO CONTINUE THE EMERGENCY ACTION BY WAY OF A

FOUR-FIFTHS VOTE OF ITS MEMBERS, PURSUANT TO THE PUBLIC CONTRACT CODE SECTION 22050(c)(1) WITH RES PECT TO THE EMERGENCY

RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM

WHEREAS, on March 1, 2022, the City Council by minute action approved the recommended repairs at the Natatorium, the City’s pool and the budget of $5,000,000 for these repairs ; and

WHEREAS, the patio wall shows major signs of compromised structural deficiencies, the pool deck shows evidence of detaching and cracking throughout the surface of the pool deck, the electrical system requires replacement to prevent electrical shorts and possible fire, and the pool wall requires replacement to avoid collapse; and

WHEREAS, based on the recommendation from the Acting City Engineer on the immediate repairs of the patio wall, pool deck floor, electrical and interior wall to the City Manag er, the City Manager approved the emergency action s waiving the informal competitive bidding requirements; and

WHEREAS, California Public Contract Code Section 22050 provides that in the case of an emergency, a city, pursuant to a 4/5s vote of its governing body , a public agency may delegate to the City Manager the authority to order any action pursuant to California Public Contract Code Section 22050(a)(1) to address the emergency; and

WHEREAS, on April 5, 2022, the City Council found that there is substantial evidence in the record demonstrating that t he patio wall shows major signs of compromised structural deficiencies, the pool deck shows evidence of detaching and cracking throughout the surface of the pool deck, the electrical system requires replacement to prevent electrical shorts and possible fire, and the pool wall require s replacement to avoid collapse has created an created an emergency requiring immediate action to procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and City Council Regular Meeting - Page 133 of 194
2 WHEREAS, the City Council delegated the authority to the City Manager o r his or her designee upon recommendation from the Director of Public Works and/or City Engineer the authority to order any action pursuant to the California Public Contract Code Section 22050 (a)(1) including the waiving of formal or informal competitive bidding requirements to tear down and replace the patio wall, to replace the pool deck, to upgrade the electrical system, and to replace the pool wall.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 2. This resolution shall take effect immediately upon its adoption.

Section 3. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED and ADOPTED this 3rd day of May, 2022.

______________________________
Jorge Casanova
Mayor
ATTEST:

___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 134 of 194
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution w as passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 3rd day of May 2022, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____ ________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 3rd day of May 2022.

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 135 of 194
Agenda Item # 14.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Mir T. Fattahi, Acting City Engineer
Lorry Hempe, Public Works Special Projects Manager

SUBJECT:

FOURTH AMENDMENT TO THE WILLDAN ENGINEERING AGREEMENT FOR THE

DESIGN AND CONSTRUCTION SUPPORT FOR THE LYNWOOD URBAN BIKE TRAIL
Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT WITH WILLDAN ENGINEERING”

Background:

On November 29, 2017, the State of California Natural Resources notified the City that it received funding under the Urban Greening Grant Program for $2,853,000 for the development of the Lynwood Urban Bicycle Trail (Project) along Caltrans Right of Way adjacent to the I-105 Freeway.

The City also received a grant from the San
Gabriel and Los Angeles Rivers and Mountains Conservancy (RMC) for the Lynwood Urban Bike Trail and Water Quality Improvements Project in the amount of $841,180 related to the bike trail extension.

Following a request for proposal process, on July 3, 2018, the City Council approved a contract with Willdan Engineering (Willdan) for $183,000 for the design of the Urban Bicycle Trail and authorized the City Manager to amend the Agreement with the Consultant in an amount not to exceed 25 percent of the contract price. Since then the Agreement has been amended three times relating to additional services relating to Caltrans requirements, such as preparation of Natural Environmental Study with Minimal Impacts (NES-MI), Environmental Assessment (ESA) Phase 1, Section 106 cultural resources studies and Right of Way Data Sheet, arsenic impact excavation plan, soil management plan, and utility policy certification .

Staff needs additional services from Willdan as a result of Caltrans requirement for the preparation of additional documents from the City including a Storm Water Pollution Prevention, Lead Compliance Plan, and Quality Management Plan before it issues a construction permit. Willdan can provide these services. Willdan has assisted staff to obtain an extension to the encroachment permit. Since there will be close oversight by Caltrans during construction, staff recommends having Wildan participate in the weekly construction meetings and to City Council Regular Meeting - Page 136 of 194
coordinate with Caltrans.

Discussion and Analysis:

Willdan has continued to provide services and successfully obtained approval from Caltrans on the Project plans and specifications. Willdan has been instrumental in providing support to staff in obtaining additional funding for the Project from the Rivers Mountains and Conservancy and in reviewing construction bids. Additional services from Willdan are needed to obtain a construction permit from Caltrans. It would be more expedient for Willdan to provide these services because of their familiarity with the environmental documents, plans and specifications.

Staff recommends the approval of the Fourth Amendment to the Agreement with Willdan in the amount of $39,100 for the additional services.

Fiscal Impact:

No additional appropriation is needed.

Coordinated With:

Finance Department
City Attorney
ATTACHMENTS:

Description
Resolution
Exhibit A
City Council Regular Meeting - Page 137 of 194
1 RESOLUTION._____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

THE FOURTH AMENDMENT TO THE AGREEMENT WITH WILLDAN ENGINEERING IN THE AMOUNT NOT TO EXCEED $39,100

WHEREAS, the State of California Natural Resources awarded the City grant funding under the Urban Greening Grant Program for $2,853,000 for the development of the Lynwood Urban Bicycle Trail (Project) along Caltrans Right of Wa y adjacent to the I-105 Freeway; and

WHEREAS, the San Gabriel and Los Angeles Rivers and Mountains Conservancy (RMC) awarded the City grant funding for $841,180 for the Lynwood Urban Bike Trail and Water Quality Improvements Project related to the bike trail extension; and

WHEREAS, on July 3, 2018, the City Council approved a contract with W illdan Engineering (Willdan) for $183,000 for the design of the Urban Bicycle Trail and authorized the City Manager to amend the Agreement with the Consultant in an amount not to exceed 25 percent of the contract price; and

WHEREAS, the Agreement with Wi lldan has been amended three times relating to additional services relating to Caltrans requirements, such as preparation of Natural Environmental Study with Minimal Impacts (NES-MI), Environmental Assessment (ESA) Phase 1, Section 106 cultural resources studies and Right of Way Data Sheet, arsenic impact excavation plan, soil management plan, and utility policy certification; and

WHEREAS, Caltrans is now requiring the preparation of additional documents from the City including a Storm Water Pollution Pre vention, Lead Compliance Plan, and Quality Management Plan before it issues a construction permit; and

WHEREAS, staff anticipates oversight by Caltrans during construction; and

WHEREAS, Willdan can provide these additional services; and

WHEREAS, the par ties seek to enter into a Fourth Amendment increasing the contract award amount by $39,100 to secu re the performance of these additional services.

City Council Regular Meeting - Page 138 of 194
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1 . The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution

Section 2. That the City Cou ncil authorizes the Mayor to execute the Fourth Contract Amendment to the Professional Services Agreement , in a form approved by the City Attorney, with Willdan Engineering.

Section 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 4. That this Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 3rd day of May, 2022.

______________________________
Jorge Casanova
Mayor
ATTEST:

___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 139 of 194
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City o f Lynwood at a regular meeting held on the 3rd day of May 2022, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the u ndersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. ____________ on file in my office and that said Resolution w as adopted on the date and by the vote therein stated. Dated this 3rd day of May 2022.

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 140 of 194

Page 1 of 5 ends

FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN

WILLDAN ENGINEERING AND THE CITY OF LYNWOOD

This Fourth Amended ("Fourth Amendent") is made as of May 3, 2022, by and between the City of Lynwood, a California municipal corporation ("City"), and Willdan Engineering, a California Corporation ("Consultant"). City and Consultant a r e sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties."

RECITALS
WHEREAS, the City of Lynwood and Consultant, entered into an agreement, dated July 3, 2018 , which agreement sets forth the terms and conditions for landscape architectural and engineering services for the Lynwood Urban Bicycle Trail ("Master Agreement”); and
WHEREAS, on July 3, 2018, the City Council adopted Resolution No. 2018.114 authorizing the City Manager to amend the Master Agreement with Consultant in an amount not to exceed 25 percent of the contract price; and WHEREAS, on October 2, 2018, the City Council adopted Resolution No. 2018.181 to amend the Master Agreement with Consultant in the amount of $ 57,347 for design services for the extension of the Lynwood Urban Bicycle Trail pursuant to the cost proposal from Consultant dated September 18, 2018 (“First Amendment”); and WHEREAS, on January 16, 2019, the City Manager authorized a second amendment to the Master Agreement to secure additional services to comply with Caltrans requirements (“Second Amendment”); and
WHEREAS, on March 16, 2021, the City Council adopted Resolution No. 2021.133 to approve a Third Amendment to the Maste r Agreement with Consultant in the amount not to exceed $20,980 to comply with additional requirements from Caltrans ( “Third Amendment”); and
WHEREAS, staff used Consultant to assist with bid analysis and value engineering, and to obtain Statewide Constru ction Stormwater General Permit Notice of Intent; to proceed to prepare a Storm Water Pollution Prevention, Lead Compliance Plan, and Quality Management Plan; to obtain encroachment permit extension; and to participate in the weekly construction meetings; and to coordinate with Caltrans during construction; and
City Council Regular Meeting - Page 141 of 194

Page 2 of 5 ends

WHEREAS, these additional services were unanticipated and outside the scope of services for the Consultant.

NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows:

1. That Consultant will be compensated an additional $ 39,100 to provide additional engineering services pursuant to Consultant’s proposal dated April 19, 2022 attached hereto to as Exhibit A.

2. AlI other terms and conditions of said Master Agreement dated July 3, 2018 and subsequent addenda, shall remain unchanged.

IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Professional Services Agreement.

CITY:

DATED: ____________________ BY: __________________________ Jorge Casanova
Mayor
City of Lynwood

DATED: ____________________ BY: __________________________ Noel Tapia
City Attorney
City of Lynwood

DATED: ____________________ BY: __________________________ Maria Quinonez
City Clerk
City of Lynwood
CONSULTANT:

DATED: ____________________ BY: _________________________ Vanessa Munoz
President/Director of Engineering
Willdan Engineering

City Council Regular Meeting - Page 142 of 194

Page 3 of 5 ends

EXHIBIT A

WILLDAN’S APRIL 19, 2022 PROPOSAL

City Council Regular Meeting - Page 143 of 194

Page 4 of 5 ends

City Council Regular Meeting - Page 144 of 194

Page 5 of 5 ends

City Council Regular Meeting - Page 145 of 194

Page 6 of 5 ends

City Council Regular Meeting - Page 146 of 194
Agenda Item # 15.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Shanell Shipe, Assistant to the City Manager

SUBJECT:

APPROVAL OF AN AGREEMENT WITH AMN MANAGEMENT, INC. TO PROVIDE

INTERIM CITY ENGINEER SERVICES IN THE PUBLIC WORKS DEPARTMENT Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LYNWOOD , COUNTY OF LOS ANGELES, STATE OF CALIFORNIA

AUTHORIZING THE CITY MANAGER TO EXECUTE, IN A FORM SATISFACTORY TO THE CITY ATTORNEY, AN AGREEMENT WITH AMN MANAGEMENT, INC. TO PROVIDE INTERIM CITY ENGINEER SERVICES IN THE PUBLIC WORKS DEPARTMENT."

Background:

The Department of Public Works is responsible for repairs and maintenance of the City’s water system, sewer system, tree maintenance, streets, storm drains, street lighting, traffic signals, parks, median islands, buildings and
related facilities. In addition, it administers the trolley buses, oil recycling, refuse collection and recycling, and street sweeping programs.

The Department is also responsible for planning, designing and constructing all Public Works capital improvement projects. Engineering staff also reviews and issues permits for private development projects for compliance with NPDES, ADA, and other codes.

Discussion and Analysis:

Over the past couple months, the City has been working with AMN Management, Inc. to provide interim City Engineer services in the Public Works department. This management role is essential to the City's overall operation and management of CIP projects in the City. Staff would like to ensure the City has a skilled and knowledgeable individual to manage the City's Capital Improvement Projects until the vacant Director position is permanently filled. Staff is recommending that the City Council approve the professional services agreement with AMN Management, Inc. to continue providing services to the City.

City Council Regular Meeting - Page 147 of 194

In the meantime, staff will work with our Human Resources Department to find a suitable candidate to permanently fill the vacant position.

Fiscal Impact:

There is no fiscal impact. Invoices will be paid using the salary savings from the vacant Director position in the department.

Coordinated With:

City Attorney's Office
ATTACHMENTS:

Description
Agreement - AMN Management
Resolution
City Council Regular Meeting - Page 148 of 194
1 PROFESSIONAL SERVICES AGREEMENT

This agreement (“Agreement”) is made as of May 3, 2021 by and between the City of Lynwood, a municipal corporation ("City") and AMN Management, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S

WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide Project Management/City Engineer services in the Public Works Department as set forth in the Scope of Services attached hereto as Exhibit A; and

WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.

2. Term of Agreement. This Agreement shall commence on May 3, 2022 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than December 31 2022, unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.

B. Total payment to Consultant pursuant to this Agreement shall not exceed $152,496.68.

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated wit h performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur City Council Regular Meeting - Page 149 of 194
2 such expenses; and (III) receipts documenting such expenses.

4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.

5. Addresses.

City of Lynwood

City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Ernie Hernandez, City Manager

Company

AMN Management, Inc.

Attn: Mir Fattahi

6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.

Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions

SIGNATURES ON FOLLOWING PAGE

City Council Regular Meeting - Page 150 of 194
3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.

CITY

CITY OF LYNWOOD

By: ______________________________ ______________________ Ernie Hernandez, City Manager Date

CONSULTANT

AMN MANAGEMENT, INC.

By: _______________________________ ________________________ Mir Fattahi Date

ATTEST:

By: ______________________________ ________________________ Maria Quinonez, City Clerk Date

APPROVED AS TO FORM:

By: ______________________________ ________________________ Noel Tapia, City Attorney Date

City Council Regular Meeting - Page 151 of 194
1 EXHIBIT A

SCOPE OF WORK
(on following page)
City Council Regular Meeting - Page 152 of 194
AMN, Design Engineers & Constructors - P.O. Box 3702, Mission Viejo, CA 92691 - P (844) 514-9080, [email protected]

Engineers and Constructors
April 25, 2022
City of Lynwood
11330 Bullis Rd.

Lynwood, CA 90262
City Manager’s Office

Attention: Mr. Ernie Hernandez, City Manager

Subject: PROPOSAL FOR PROFESSIONAL STAFF AUGMENTATION SERVICES / Acting City Engineer

Dear Mr. Hernandez:

It was a real pleasure to speak to you about my new assignment, as directed. Per your request, I am pleased to submit this proposal to provide Professional Staff Augmentation / Acting City Engineer Services.

I understand that the city is interested in procuring part time staff augmentation services, to provide the tasks included in managing the City’s 5 -year CIP through the three current consultants serving the City in design, bid preparation, implementation, construction management and inspection. The role of Acting City Engineer would be to act as extension of City staff to assure timely progress of the CIP projects and overall City’s Engineering Department. It is understood that approximately 24 to 30 hours per week, combined on site and remote services would be needed. The Acting City Engineer will report to you, as well as the City’s Public Works/Engineering Department and Council ADHoc CIP Subcommittee to coordinate efforts and receive direction.

As discussed, I have decades of similar experience in managing variety of public improvement projects.

Moreover, my specific expertise in underground utilities such as water and sewer facilities will be of value as most street improvement projects will encounter aged or aging underground infrastructure.

For this service I am including a copy of my resume which will further describe my background.

Proposed hourly rate for this service is $135.

Thank you for the opportunity to allow me to submit this proposal. and meet you in person.

Email: [email protected]
Phone: (949) 351-6505

Respectfully Submitted,

Mir T. Fattahi
____________________________
Mir T. Fattahi, MsCE, P.E.

Principal

Attachment: Mir T. Fattahi Resume.

City Council Regular Meeting - Page 153 of 194
AMN, Design Engineers & Constructors - P.O. Box 3702, Mission Viejo, CA 92691 - P (844) 514-9080, [email protected] MIR T. FATTAHI, MsCE, PE

Education
• Master of Science Degree
in Civil Engineering,
California State University,
Long Beach
• Bachelor of Science Degree
in Civil Engineering,
California State University,
Los Angeles

Registration and Licenses
• Registered Civil Engineer
• Licensed General
Engineering Contractor A

Certifications
• Traffic Control, Trenching &
Excavation Safety Program
• Water Facility Corrosion
• Principals of Supervision
• Supervisor's Academy
• Cross Connection Control –
Certified by USC
Foundation

Affiliations
• ASCE - American Society of
Civil Engineers
• APWA - American Public
Works Association
• CMAA - Construction
Management Association of
America
• CWEA - California Water
Environment Association
• OCWA - Orange County
Water Association
• AWWA - American Water
Works Association
Mr. Fattahi has over 38 years of experience in public works projects and programs management, administration.

Mr. Fattahi’s diversified experience includes:

• Assist in Capital Improvement Program studies; oversee engineering contracts for design, inspection, contract administration, and construction • Reviewed, approved, and recommended approval of Plans, specifications, and estimates.
• Assist in directing engineering functions and maintenance operations. • Recommend and assist in administering policies and procedures. • Assist in establishing, within City policy, appropriate service, and staffing levels; allocate resources accordingly.
• Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures and report it to the director of public works. • Represent Public Works Department and coordinate with other City departments, elected officials, and outside agencies; explain, justify, and defend Public Works Department programs, policies, and activities; negotiate and resolve sensitive, significant, and controversial issues, on behalf of Public Works Director.
• Assist in selecting, trai ning, motivating, and evaluating Public Works Department staff.
• Assist in planning, directing, and coordinating Public Works Department's work plan; meet with Management staff to identify and resolve problems; assign projects and programmatic areas of resp onsibility; review and evaluate work methods and procedures.
• Coordinate Public Works Department activities with those of other departments and outside agencies and organizations.
• Provide staff assistance, under Public Works Director guidance to the City Manager, City Council, and City Advisory Boards and Commissions. • Prepare and present staff reports and other necessary correspondence to the City Council and Commissions, at the Public Works Director’s absence.

Mr. Fattahi has diversified management and tec hnical experience in engineering, planning, design, CIP program management; budgeting, scheduling, contract administration, change order management, claim analyses and mitigation; biddability/constructability review, development and implementation of QA/QC procedures. With strong leadership, organization, and communication skills, he has successfully developed synergistic relationships to bring projects to completion on time and under budget.

He has led and managed several major CIP infrastructure proje cts in water, wastewater, recycled water, and other capital projects encompassing pavement rehabilitation, street improvements for various agencies in Southern California.

His experience includes roles such as Consultant, Principal in Charge, Managing Capital Projects with various public agencies, directly involved and work with the public and private clients. Those included Client Development, Water Resources, Water Reuse and Recycled Water, Waste Water Projects, pavement Analysis, Street Improvements, Curb and Gutter and Sidewalk design and misc. Public Works projects.

Following is a partial list of projects representative of Mr. Fattahi’s diversified experience:

Road Rehabilitation Program for Gunnerson Street | Principal-in-Charge City Council Regular Meeting - Page 154 of 194
AMN, Design Engineers & Constructors - P.O. Box 3702, Mission Viejo, CA 92691 - P (844) 514-9080, [email protected] • CCEA - City and County
Engineering Association

Highlights
• 38 years of experience.
• Articulate communicator
able to elicit outstanding
performance from a diverse
array of professionals,
including boards,
commissions, public.
• Diversified management
and technical experience in
engineering, planning,
design, CIP program
management; budgeting,
scheduling, contract
administration, change
order management, claim
analyses a nd mitigation;
biddability/constructability
review, development and
implementation of QA/QC
procedures.

City of Lake Elsinore, CA
The project consists of 7,500 linear feet of roadway rehabilitation from complete pavement removal and reconstruction to grind & overlay or slurry seal. The project also included preparation of signing and striping plans and replacement of existing damaged drainage system as well as introducing new or proposed drainage system to avoid flooding within this reach.

Arterial Highway Improvements/Rehabilitations | Principal-in-Charge City of San Clemente, CA
Design of several street improvements/rehabilitations projects in the City of San Clemente for over 6 years. The services included design survey, utilities research, concept alignment studies if required, preparation of PS&E, bid packages as well as providing technical support during construction.

Inglewood Corridor Widening Improvements | Project Manager City of Lawndale, CA
Developed design recommendations and prepared PS&E for widening of south bound allowing for additional lane, raised median, and rehabilitation of the existing pavements. The project also consisted of modification of four (4) existing traffic signals, relocation of power poles and modification to existing drainage system as well as new striping. T he project reach was from south of Rosecrans to just north of Marine avenue.

Capital Improvement Program | Senior Project Manager
IEUA, Chino, CA
Managed over $75 million in design and construction projects including more than 30 miles of 20–48-inch pipelines, pump stations and reservoirs. Agency’s lead in regional recycled water project coordination with all member agencies.

Including eight (8) member agencies, City of Chino, City of Chino Hills, City of Ontario, City of Claremont, Cucamonga Valley Water District, City of Ontario and Monte Vista Water District.

Recycled Water Program, IEUA | Senior Project Manager
Chino, CA
Program manager of the Agency’s Recycled Water Program. Under my direction the recycled water use increase from 15,000 AFY to 37,000 AFY in

2.5 years with a target of 50,000 AFY by the end of 2012. The program involved site investigation, preparation of retrofit plans, preparation of engineering report, cross-connection testing, up to completion and energizing recycled water to the site. Users of Recycled Water include farmers, schools, industrial entities, golf courses, parks, and commercial office landscape areas. I worked directly with agency’s seven (7) member agency staff in planning, design, construction and expansion of the re gional recycled water system. I also participated in the review of some of the member agencies recycled water and wastewater master planning efforts.

CIP Program | Principal-in-Charge
City of San Juan Capistrano, CA
Interpret and apply relevant codes, ordinances, rules, and regulations. Assist in the development and application of City project delivery policies, following general guidelines or professional and administrative standards in accomplishing assignments. Prioritize and direct the work of the City CIP and be responsible for quality, schedule, and cost control. Work closely with the Director of Public Works to coordinate CIP work. Supervises engineering review of CIP requests and proposals during the annual bud get process. Assign projects to staff. Set priorities and adjust workload accordingly. Perform the contract administration activities which include, but are not limited to, plan and specification preparation and reviews, contract preparation and execution , contract change order approval, payment approval, dispute resolution, acceptance and bond release approval.

City Council Regular Meeting - Page 155 of 194
AMN, Design Engineers & Constructors - P.O. Box 3702, Mission Viejo, CA 92691 - P (844) 514-9080, [email protected]

Water, Sewer and Recycled Water Transmission Pipeline Project | Project Manager
Laguna Hills, CA
Design, contract document preparation and con struction management of the Wood Canyon water, sewer, and recycled water facilities for the Moulton Niguel Water District. The project consisted of 3 miles of water transmission pipeline, 2 miles of recycled water transmission pipeline, and 3 miles of gravity and force main sewers. Several pipe materials, including CML&C steel pipe, DIP and PVC pipe were specified based upon design requirements.

Sewer System Project | Project Manager
Irvine, CA
Preparation of Project Design Report (PDR) and final plans, specifications and cost estimates for approximately 4000 lf of 12" diameter trunk sewer in Barranca Parkway. The project also included the alignment study and the design for a 10" gravity sewer to replace two existing sewage lift stations and a 6" force main within the Orange Tree Development. The alternative sewer alignments and required coordination crossed several different properties including Irvine Valley College, Southern California Edison Company, City of Irvine, and The Irvine Company. The entir e project was planned and designed to ensure that the sewage lift stations remain operational until such time when gravity sewers were constructed, and flows were diverted from the lift stations to the gravity sewer and before the lift stations could be dismantled.

Water and Sewer Project | Principal-in-Charge
Pomona, CA
Principal-in-Charge of planning and design of 8,000 feet of water and sewer lines on various streets, including preparation of PS&E. The job also included obtaining right-of-way permit from Cal-Trans and construction support.

Recycled Water Program | Project Manager/Engineer
Simi Valley, CA
Project Manager/Engineer in charge of preparation of plans and specifications for recycled water development, preparation of engineer’s report, cros s connection testing and report, site supervisor training and issuance of certificate for Ventura County Waterworks District No. 8, City of Simi Valley.

Water and Recycled Water Systems | Project Manager
Aliso Viejo, CA
Design and preparation of construction plans, specifications, and cost estimates for Oak Grove water and Recycled Water systems. The project consists of approximately 10,000 lf of water and recycled water pipelines designed for the Moulton Niguel Water District to be constructed in the community of Aliso Viejo.

PVC and Ductile Iron Pipes were specified for this project.

City Council Regular Meeting - Page 156 of 194
1 EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Lynwood.

B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.

D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Ne ither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Afford able Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, a nd responsibilities under the Affordable Care Act.

Consultant further agrees to defend, indemnify, and hold the City harmless for any and City Council Regular Meeting - Page 157 of 194
2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.

2. Standard of Performance

Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.

3. Indemnification.

A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.

B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to p erform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.

C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.

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3 4. Insurance.

A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:

(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

(III) Consultant shall maintain Workers’ Compensation I nsurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses;

(IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after comp letion of the services required by this Agreement.

B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.

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

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4 D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management ,” City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and ( II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".

F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunt eers shall be excess of Consultant’s insurance and shall not contribute with it.

G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.

5. Release of Information/Confidentiality.

A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information deve loped or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of suppo rt, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.

B. Consultant shall promptly notify City should Consultant, its officers, City Council Regular Meeting - Page 160 of 194
5 employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte rrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obli gation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response

6. Ownership of Work Product.

A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

7. Conflict of Interest.

A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement.

B. Consultant covenants not to give or receive any compensation, monetary or City Council Regular Meeting - Page 161 of 194
6 otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.

8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).

Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.

Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.

In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.

9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.

10. Non-Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Consultant will, in all solicitations or advertisements for employees placed by City Council Regular Meeting - Page 162 of 194
7 or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.

13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any mann er affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.

15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this City Council Regular Meeting - Page 163 of 194
8 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.

17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreeme nt, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Part ies in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.

19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.

21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.

22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, City Council Regular Meeting - Page 164 of 194
9 including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set fort h in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.

Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.

City Council Regular Meeting - Page 165 of 194
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AGREEMENT WITH AMN MANAGEMENT, INC. TO PROVIDE INTERIM CITY

ENGINEER SERVICES FOR THE PUBLIC WORKS DEPARTMENT

WHEREAS, The City Engineer position in the Public Works department is currently vacant; and

WHEREAS, AMN Management, Inc. has been providing interim services to the City to assist with the duties of that essential role for the past couple months; and

WHEREAS, the City Engineer position is vital to the City’s overall operation; and

WHEREAS, the City desires to enter into an agreement with AMN Management, Inc. to provide interim City Engineer services until the position is permanently filled, which may be terminated pursuant to the professional services agreement; and

WHEREAS, AMN Management, Inc. represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.

Section 2. That the Lynwood City Council authorizes the City Manager to execute an agreement with AMN Management, Inc. to provide interim City Engineer services for the Public Works department approved as to form by the City Attorney.

Section 3. That this Resolution shall take effect immediately upon its adoption.

Section 4. The City Clerk shall certify as to the adoption of th is City Council Resolution.

City Council Regular Meeting - Page 166 of 194
PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF MAY 2022.

_____________________________________
Jorge Casanova
Mayor

ATTEST:

Maria Quinonez,
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

____________________________ ____________________________ Noel A. Tapia, Ernie Hernandez,
City Attorney City Manager
City Council Regular Meeting - Page 167 of 194
Agenda Item # 16.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Ernie Hernandez, City Manager

SUBJECT:

WAIVE SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY

OF LYNWOOD TO ESTABLISH CONTRIBUTION LIMITS
Recommendation:

Staff recommends that the City Council waive the second reading and adopt an Ordinance entitled: “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING CAMPAIGN CONTRIBUTION LIMITS”

Background:

The Political Reform Act of 1974 prohibits a person from making campaign contributions to a candidate for elective state office and prohibits those candidates from accepting a contribution totaling more than a specified amount per election. Formerly, state law authorized a county, city, or district to limit campaign contributions in local elections. In 2019, a bill was introduced which took effect on January 1, 2021, that would add contributions candidates to county or city office to the list of those limited by these campaign contribution restrictions.

This bill is known as AB 571. This action by the state Legislature amended, repealed, and added sections of state law, including sections of the Elections Code and the Government Code. It provided FPPC the authority to adjust the amounts as needed pursuant to Government Code Section 85301 and 83124. However, the bill provided that a local government could impose a limitation that is different from the limitation imposed by the bill pursuant to Government Code Section 85702.5 and a resolution or ordinance passed by the local government.

This has created a choice for local governments, either elect to use the default campaign contributions as set by the FPPC under AB 571 or pass an ordinance controlling campaign contributions at the local level.

The FPPC has currently imposed a campaign contribution limit for most state elected officials of $4,900 per election. This amount is the same for local elected officials, including Lynwood elected officials and candidates for elected office. It is the purpose and the intent of this ordinance to establish an orderly political forum in which individuals and groups may express themselves effectively within the City of Lynwood. To do this, the ordinance will establish a campaign contribution limit of $3,000 per calendar year for candidates for elected office and controlled committees of that candidate.

City Council Regular Meeting - Page 168 of 194
Discussion and Analysis:

Assembly Bill No. 571 (“AB 571) imposes a default campaign contribution limit upon cities and counties without campaign contribution limits. The default contribution limit amount is set at the same amount as the limit for State elected officials, subject to adjustment by the Fair Political Practices Commission (“FPPC”). The default limit is $4,900 per person or entity.

Government Code Section 85702.5 permits the City to establish its own campaign contribution limits that are different from what is established by Government Code Sections 85301 and 83124, and the FPPC. Currently, the FPPC has imposed a campaign contribution limit for State elected officials of $4,900 per election. To recognize the unique aspects of the City, the City Council desires to establish a campaign contribution limit different from that imposed by the FPPC.

It is the purpose and the intent of the City Council through this Ordinance is to establish an orderly political forum in which individuals and groups may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns for City offices; to provide a full and fair playing field for incumbents and new candidates seeking to be elected to City Council and to provide for the full and fair enforcement of all the provisions of this Ordinance.

To do this, the ordinance will establish a campaign contribution limit of $3,000 per calendar year for candidates for elected office and controlled committees of that candidate.

Fiscal Impact:

N/A
Coordinated With:

City Attorney
ATTACHMENTS:

Description
Ordinance - Campaign Contribution Limits
City Council Regular Meeting - Page 169 of 194
1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA AMENDING CHAPTER 2, SECTION 1 OF

THE LYNWOOD MUNICIPAL CODE BY ADDING SECTION
2-1.9 ESTABLISHING CAMPAIGN CONTRIBUTION LIMITS

WHEREAS, the City of Lynwood (the “City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City Council desires to amend Chapter 2, Section 1 of the Lynwood Municipal Code by adding Section 2-1.9, which establishes campaign contribution limits.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:

Section 1 . The City Council does hereby find the above recitals correct and incorporate them herein as part of the findings.

Section 2. Section 2-1.9 is hereby added to Chapter 2, Section 1 of the Lynwood Municipal Code to read as follows:

2-1.9 Campaign Contribution Limitation

No candidate for elective office and no controlled committee of that candidate may solicit or accept any campaign contribution that will cause the total amount contributed by any one person to the candidate in support of or opposition to campaign, measure or other expenditure related to a political, le gislative or governmental, activity to exceed three thousand dollars ($3,000.00) per calendar year. For purposes of this chapter, contributions from husband and wife are considered separate and distinct contributions and may not exceed three thousand hundred dollars each. However, contributions purported to be from minor children under eighteen years of age shall be considered one in the same as those made by their respective parents(s) and /or guardian(s).

City Council Regular Meeting - Page 170 of 194
2 Section 3. Severability. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or uncon stitutional without regard to any such decision or preemptive legislation.

Section 4. Adoption; Effective Date. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published or posted according to law. This Ordinance shall become effective thirty (30) days after its adoption.

[Signatures on the following page]
City Council Regular Meeting - Page 171 of 194
3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this day of __________ 2022.

Jorge Casnova, Mayor

ATTEST:

Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AS TO CONTENT

Noel Tapia, City Attorney Ernie Hernandez, City Manager City Council Regular Meeting - Page 172 of 194
Agenda Item # 17.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Noel Tapia, City Attorney

SUBJECT:

WAIVE SECOND READING AND ADOPTION OF AN ORDINANCE FOR

REVISIONS AND INCORPORATION OF BEST PRACTICES TO THE CODE OF

ETHICS FOR THE CITY OF LYNWOOD IN ORDER TO AFFIRM STABILITY AND

GOOD GOVERNANCE
Recommendation:

The ordinance is entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AMENDING SECTION 2-1.7 OF THE LYNWOOD MUNICIPAL CODE"

Background:

The purpose of this Code of Ethics is to establish policy and guidelines, reflecting expected values and behaviors for use by and applicable to elected City officials. As the City Council and other elected officials of the City of Lynwood are guardians of the public trust, it is imperative and required that they conduct themselves in an impartial and responsible manner in the fulfillment of their duties. The Code of Ethics reflects the City Council's commitment to the Lynwood community to conduct itself at the highest standard of ethics.

Discussion and Analysis:

In order to best serve the community of the City of Lynwood, in its efforts to promote good governance and remain consistent with recent efforts by the City Council to bring about stability and reform to City Council policy, procedures and decision making, the City Council will consider reforming and incorporating best practices into its existing Code of Ethics policy.

Fiscal Impact:

None.

City Council Regular Meeting - Page 173 of 194
Coordinated With:

City Attorney
ATTACHMENTS:

Description
Ordinance Amending Code of Ethics
City Council Regular Meeting - Page 174 of 194
1 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA AMENDING SECTION 2-1.7 OF THE

LYNWOOD MUNICIPAL CODE

WHEREAS, the City of Lynwood (the “City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, the City Council desires to amend Section 2 -1.7 of the Lynwood Municipal Code; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYN WOOD DOES HEREBY ORDAIN AS FOLLOWS:

Section 1 . The City Council does hereby find the above recitals correct and incorporate them herein as part of the findings.

Section 2. Section 2-1.7 of Chapter 2 of the Lynwood Municipal Code is hereby amended to read as follows:
2-1.7 Code of Ethics:

a. Purpose: The city of Lynwood hereby adopts this code of ethics for members of the city council and the city’s commissions, boards and committees (collectively “members”) so that the citizens of the city receive fair, ethical and accountable government, with adherence to both the spirit and the letter of the law affecting governmental operations. Nothing in the code of ethics is intended to limit or otherwise infringe on the first amendment rights of free speech or association of public officials, or to conflict with any federal, state or local laws.

b. Distribution Of Code Of Ethics: This code of ethics shall be included in the regular orientations for candidates for city council, application packets to commissions, boards, and committees, and given to newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the city of Lynwood code of ethics.

In addition, the code of ethics shall be periodically reviewed and updated by the city council upon recommendations from commissions, boards, committees, and the citizens of Lynwood.

c. Adherence To Principles: All members shall strive to adhere to the principles set forth in the code of ethics. If it appears that any member has not or is not adhering to the principles in this code of ethics, a hearing may be held by the city council to discuss whether action should be taken. No hearing may be held, unless: 1) the hearing is requested by two (2) members of the city council, 2) the person who is the subject of the hearing is given thirty (30) days’ advance notice of the hearing, which notice shall describe the facts and reason for the hearing. The person who is the subject of the hearing shall be afforded all appropriate City Council Regular Meeting - Page 175 of 194
2 due process, including a meaningful opportunity to respond to allegations before any action is taken pursuant to subsection 2-1.7d of this section.

d. Actions Against Members: If, after a hearing described in subsection 2 -1.7c of this section, the council wishes to take action in response to any violation of the code of ethics, such action may include a public admonishment, a resolution of censure, a forfeiture of the member’s per diem, removal of the member from the commission, board or commit tee on which he or she serves (does not apply to members of the council), or any other action reasonably related to ensuring that member does not engage in future code of ethics’ violations, provided further that such action is consistent with all federal, state and local laws. The council may adopt a policy of progressive remedies starting with warnings and increasing to more serious penalties to deter or prevent future violations.

e. Code Of Ethics: The following principles shall constitute the Lynwoo d code of ethics, applicable to all members of the city council and the city’s commissions, boards and committees:

1. Act In The Public Interest: Recognizing that stewardship of the public interest must be their primary concern, members will work for t he common good of the people of Lynwood and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Lynwood city council, commissions, boards and committees.

2. Comply With The Law: Members shall comply with the laws of the nation, the state of California and the city of Lynwood in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Lynwood municipal code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government. Members shall also comply with all applicable city policies and procedures.

3. Co nduct Of Members: The professional and personal conduct of members must be above reproach and should take steps to avoid even the appearance of impropriety.

Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of council, commissions, boards and committees, the staff or public.

4. Respect For Process: Members shall perform their duties in accordance with the processes and rules of order established by the city council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the city council by city staff.

5. Incompatible Employment: No elected or other public official shall engage in or accept private employment, or render services for private interests, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to City Council Regular Meeting - Page 176 of 194
3 impair his/her independence of judgment or action in the performance of his/her official duties.

6. Use Of Public Property: No official shall request or permit the use of city owned vehicles, equipment, materials or property for person al convenience or profit, except when such services are available to the public generally, and in the same manner as available to the public, or are provided as municipal policy for the use of such official in the conduct of official business. No official shall use the time of any city employee during working hours for personal purposes.

7. Contracts With City: Any council member or public official shall not have a financial interest in any business transaction, or contract with the city, or in the sale of real estate, materials, supplies or services to the city, except as permitted in the conflict of interest statutes of the state2.

8. Disclosure Of Interest In Legislation: A council member who has a financial or other private interest in any legisl ation shall disclose on the records of the council or other appropriate authority the nature and extent of such interest.

9. Conduct Of Public Meetings: Members shall prepare themselves for public issues, listen courteously and attentively to all publi c discussions before the body, and focus their attention on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or interfering with the orderly conduct of meetings. Members shall not engage in discussions, communications or other activities that detract their attention in a manner that may prevent them from affording applicants and other interested parties’ due process at any public hearing.

10. Decisions Based On M erit: Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

11. Communication: Members shall publicly share substantive information that is relevant to a matter under consideratio n by the council or commissions, boards, and committees, which they may have received from sources outside of the public decision making process.

12. Conflict Of Interest: In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest.

In accordance with the law, members shall disclose investments, interests in real property, sources of income and gifts; and abstain from participating in deliberations and decision making where conflicts, as determined under applicable laws, may exist.

City Council Regular Meeting - Page 177 of 194
4 13. Confidential Information: Members shall respect the confidentiality of information concerning the property, personnel or affairs of the city. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.

14. Representations Of Private Interests: In keeping with their role as stewards of the public interest, members of the council shall not appear on behalf of the private interests of third parties before the council or any commission, board, committee, or proceeding of the city, nor shall members of commissions, boards, and committees appear before their own bodies or before the council on behalf of the private interes ts of third parties on matters related to the areas of service of their bodies.

15. Advocacy: Members shall represent the official policies or positions of the council, commission, board, or committee to the best of their ability when designated as del egates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the city, nor shall they allow the inference that they do. When representing the city while serving on or a ppearing before other government agencies or in court, members shall advocate policies which are in the best interest of the city over their own personal interests.

16. Policy Role Of Members: Members shall respect and adhere to the council -manager structure of Lynwood city government. In this structure, the council determines the policies of the city with the advice, information and analysis provided by the public, commissions, boards, and committees, and city staff.

Consistent with subsection 2 -2.8 of this chapter, individual members therefore shall not interfere with the administrative functions of the city or the professional duties of city staff; nor shall they impair the ability of staff to implement council policy decisions.

Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.

17. Independence Of Commissions, Boards, And Committees: Because of the value of the independent advice o f commissions, boards, and committees to the public decision making process, members of council shall refrain from using their position to unduly influence the deliberations or outcomes of board or commission proceedings.

18. Positive Workplace Environment: Members shall support the maintenance of a positive and constructive workplace environment for city employees and for citizens and businesses dealing with the city. Members shall recognize their special role in dealings with city employees to in no way create the perception of inappropriate direction to staff.

19. Gifts and Favors. Members shall not take any special advantage of their public office to access services or opportunities for personal gain that are not available to the general City Council Regular Meeting - Page 178 of 194
5 public. The y shall refrain from accepting any gifts, favors or promises of future benefits which might compromise or appear to compromise their independence of judgment or action.

20. Use of Public Resources. Members shall not use public resources not available to the general public, such as City staff time, vehicles, equipment, supplies, land or facilities, for private gain or political or personal purposes.

Section 3. Severability. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation.

[Signatures on the following page]
City Council Regular Meeting - Page 179 of 194
6 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this day of __________ 2022.

Jorge Casnova, Mayor

ATTEST:

Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AS TO CONTENT

Noel Tapia, City Attorney Ernie Hernandez, City Manager City Council Regular Meeting - Page 180 of 194
Agenda Item # 18.

AGENDA STAFF REPORT
DATE:

May 3, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Lorry Hempe, Public Works Special Projects Manager

SUBJECT:

FIRST AMENDMENT TO THE NORTH STAR LAND CARE AGREEMENT ALLOWING

FOR ADDITIONAL TREE TRIMMIING OF CITY TREES NOT ADDRESSED DURING

PANDEMIC, FOR EMERGENCY SERVICES AND FOR RELATED CAPITAL IMPROVEMENT TRIMMING; AND APPROPRIATION OF FUNDS
Recommendation:

Staff recommends that the City Council adopt the attached resolution entitled: “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LYNWOOD APPROVING A FIRST AMENDMENT TO THE AGREEMENT

WITH NORTH STAR LAND CARE AND APPROPRIATING MONIES FROM THE LANDSCAPE ASSESSMENT DISTRICT TO THE TREE MAINTENANCE DIVISION”

Background:

Discussion and Analysis:

Annual Tree Maintenance

Staff has divided the City into 12 Grids with trimming of trees done once every two years. The current schedule provides for 6 grids to be trimmed per year. In 2020-2021, only one grid was addressed due to the COVID-19 pandemic and consequential financial constraints. In an effort to catch up and address trees before they fail, staff wishes to increase the not to exceed restriction in the agreement.

Each year, a budget using the Landscape Assessment District funds is adopted for grid trimming and emergency/special tree trimming and removals.

Additionally, from time to time, the City undertakes tree removals and tree trimming related to existing Capital City Council Regular Meeting - Page 181 of 194
Improvement Project or related to interference with water or sewer main lines. For FY22, the Bike Trail Project (CIP No. 4011.68.046) and Alberta St. First St. et al Street Improvement (CIP NO. 4011.68.091) required tree removal services.

Grid 2 to Grid 6 (FY22)
For FY22, the approved budget for grid trimming and emergency and special request services is at $589,025.

Grid Trimming
$ 524,225.00
Emergency Services/Special Requests
$ 64,800.00
Total Operational Tree Maintenance Budget
$ 589,025.00

North Star completed trimming Grid 2 to Grid 5 and started trimming Grid 6. However, removal or adjustment of the not to exceed ceiling is needed in order to move forward with grid 6, and to be able to address emergency and outstanding trimming.

Requested Additiona FY22 Tree Maintenance Funding:

The Tree Maintenance budget need for FY22 is estimated at $741,567. Below is the breakdown of a proposed Tree Maintenance Budget for FY22.

FY22 Budget
Additional
Funding
Needed
Proposed
Revised
FY22
Budget
Grid Trimming
$524,225
$524,225
Grid Trimming- Already
Completed But Pending
Payment
$42,829
$42,829
Grid 6- Complete Trimming of
Remaining Trees
$82,523
$82,523
Emergency/Special Requests
$54,800
$54,800
Emergency -Contingency
$5,000
$5,000
Capital Improvement
Project/Water/Sewer
$32,190
$32,190
$0

$0
Total
$611,215
$130,352
$741,567

Amendment to the Agreement on the Not to Exceed Compensation The Agreement with North Star includes a provision for a not-to-exceed compensation of $600,000 annually. The estimated cost for trimming and removal activities related to trimming of Grid 2 through Grid 6, emergency services, special requests and those related to Capital Improvement Projects (CIP) is anticipated to exceed the annual compensation limit at $741,567. For FY23, if the City proceeds with trimming Grid 1, 7, 8, 9,10,11,12, and sets aside emergency/special removal and trimming, or if there are capital improvement projects necessitating removal the budget may increase to $850,000. Staff recommends amending the not-to-exceed limit to $850,000 to accommodate current and potential increases to tree maintenance.

Fiscal Impact:

To complete the trimming of Grid 6, the following appropriation is needed:

Appropriation
Fund
Dept
Div
Object
Description
Amount
Budgetary Transfer Out
City Council Regular Meeting - Page 182 of 194
2701
Landscape
Assessment District
$130,352
Budgetary Transfer In
2701
45 620
6201
Tree Maintenance
$130,352

Coordinated With:

Finance Department
City Attorney
ATTACHMENTS:

Description
Resolution
Exhibit A
City Council Regular Meeting - Page 183 of 194
1 RESOLUTION._____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING

A FIRST AMENDMENT TO THE AGREEMENT WITH NORTH STAR LAND CARE INCREASING THE NOT TO EXCEED COST TO $8 50,000 ANNUALLY AND APPROPRIATING $130,352 FROM THE LANDSCAPE A SSESSMENT DISTRICT TO THE TREE MAINTENANCE DIVISION (2701.45.620)

WHEREAS, on July 16, 2019, the City approved to enter into an agreement with North Star Land Care (North Star) to provide tree trimming, maintenance, and inspection services (Resolution No. 2019.086). ; and

WHEREAS, included in the ag reement is a provision for a no -to-exceed annual compensation to North Star of $600,000 annually; and

WHEREAS, to complete Grid 6 and to include tree removals and trimming related to Capital Improvement Pro jects the not -to-exceed annual compensation to North Star will be exceeded ; and

WHEREAS, North Star is willing to provide services to the City above the not -to- exceed annual compensation limit; and

WHEREAS, staff has found the North Star’s cost for tree removals is competitive and services as responsive.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.

Section 2. That the City Council approves the First Amendment to the Tree Trimming Services Agreement with North Star Land Ca re to increase the not-to-exceed compensation and authorizes the Mayor to execute the First Amendment attached hereto as Exhibit B and in a form approved by the City Attorney.

City Council Regular Meeting - Page 184 of 194
2 Section 3. That the City Council approves the following appropriation:

Appropriation
Fund Dept Div Object Description Amount
Budgetary Transfer Out
2701 Landscape
Assessment
District
$130,352
Budgetary Transfer In
2701 45 620 6201 Tree Maintenance $130,352

Section 4. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 3rd day of May, 2022.

______________________________
Jorge Casanova
Mayor
ATTEST:

___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 185 of 194
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was pass ed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 3rd day of May 2022, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 186 of 194

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Lynwood City CouncilMay 3, 2022

Lynwood City Council
May 3, 2022