Agenda — Lynwood City Council, July 5, 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

July 5, 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 7/1/2022 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)).

Mental Health Presentations
Parks & Recreation Month Proclamation
City Video(s)

7. COUNCIL RECESS TO:

City Council Regular Meeting - Page 1 of 342
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).)

ORDINANCES

8. SECOND READING BY TITLE ONLY AND ADOPT ORDINANCE NO. 1747 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 INCLUDE 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.

Comments:

On May 3, 2022 the City Council held a public hearing and introduced for first reading Ordinance #1747 at the City Council Regular Meeting. Ordinance #1747 approves a development agreement between the City of Lynwood and Lynwood Springs, LLC. 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, Lynwood.

The City Council may approve the development agreement following the recommendation received by the Planning Commission pursuant Government Code Section 65867. Such City Council approval 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:

Recommendations:

1. Staff recommends that the City Council conduct a second reading by title only and adopt the attached Ordinance No. 1747 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 City Council Regular Meeting - Page 2 of 342
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).

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 REGISTERS
Comments:

City of Lynwood warrant registers dated July 5, 2022 for FY 2021-2022 and FY 2022-2023. (FIN)

Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant registers dated July 5, 2022 for FY 2021-2022 and FY 2022-2023.

10. PREVIOUS MEETING MINUTES
Comments:

Approving previous meeting minutes for Lynwood City Council (CC) April 5, 2022 Regular Closed Session Meeting
April 5, 2022 Regular Council Meeting
April 19, 2022 Regular Closed Session Meeting
April 19, 2022 Regular Council Meeting
May 3, 2022 Regular Closed Session Meeting
May 3, 2022 Regular Council Meeting
May 17, 2022 Regular Council Meeting
June 9, 2022 Special Closed Session Meeting
June 9, 2022 Special Council Meeting
June 21, 2022 Regular Closed Session Meeting

Recommendation:

Staff recommends that the Lynwood City Council approve the following minutes:

April 5, 2022 Regular Closed Session Meeting
April 5, 2022 Regular Council Meeting
April 19, 2022 Regular Closed Session Meeting
April 19, 2022 Regular Council Meeting
May 3, 2022 Regular Closed Session Meeting
May 3, 2022 Regular Council Meeting
May 17, 2022 Regular Council Meeting
June 9, 2022 Special Closed Session Meeting
June 9, 2022 Special Council Meeting
June 21, 2022 Regular Closed Session Meeting

11. TREASURER'S INVESTMENTS
Comments:

The purpose of this item is to have the Honorable Mayor and the Lynwood City Council consider increasing the investment amount with FHN to achieve a higher rate of return (CT)

Recommendation:

City Council Regular Meeting - Page 3 of 342
City Treasurer and staff respectively recommends City Council to adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO

AUTHORIZE THE TRANSFER OF THE IDLE CASH FROM THE GENERAL ACCOUNT IN THE AMOUNT OF TWENTY MILLION TO FHN MAIN STREET FINANCIAL SERVICES.

TO GENERATE PROFIT IN THE FORM OF INVESTMENTS.

12. AMENDMENT TO CONTRACT WITH TYLER TECHNOLOGIES - EDEN DIVISION -

TO EXTEND ANNUAL MAINTENANCE AGREEMENT FOR CITY'S FINANCIAL

MANAGEMENT SYSTEM
Comments:

Amendment of the City's contract with Tyler Technologies to extend annual maintenance agreement for one year with the option to renew for one additional year. The City has been using Tyler Technologies - Eden financial management system since its implementation in 2006. An annual maintenance agreement is needed to provide Finance staff with any issues that arise in the daily course of business. Access to professional support services is needed maintain daily operations of core financials, permits, utility billing, and payroll services. (IT)

Recommendation:

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

OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR OR

DESIGNEE TO EXECUTE, IN A FORM SATISFACTORY TO THE CITY ATTORNEY, A

FIFTH AMENDMENT TO THE CONSULTING SERVICES WITH TYLER

TECHNOLOGIES - EDEN DIVISION - TO EXTEND ANNUAL MAINTENANCE

AGREEMENT FOR CITY'S FINANCIAL MANAGEMENT SYSTEM THROUGH FISCAL YEAR 2022-23 WITH AN OPTION TO RENEW FOR FISCAL YEAR 2023-24”.

13. APPROVING PAYMENT FOR LASER LIGHT SHOW FOR THE CITY OF LYNWOOD’S 2022 INDEPENDENCE DAY CELEBRATION AND RESCINDING RESOLUTION NO. 2022.099
Comments:

On June 22, 2022, the City received notice from the Office of the California State Fire Marshal that it had revoked the General Public Display License for fireworks displays held by ExpoShows, Inc. - the City’s selected July 3rd fireworks display provider. Staff immediately contacted multiple fireworks display services companies, but was not able to secure a substitute fireworks provider due to contractual and supply chain issues with local fireworks companies. As an emergency alternate, staff arranged to have a company provide a laser light show for its community celebration held on July 3, 2022. Staff is seeking City council approval of payments to the provider for its services. (REC)

Recommendation:

Staff recommends that the City Council adopt the accompanying resolution entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO RESCIND RESOLUTION NO. 2022.099 AND APPROVE PAYMENTS TO TLC CREATIVE TECHNOLOGY FOR THE CITY’S 2022 INDEPENDENCE DAY CELEBRATION HELD ON JULY 3, 2022.”

14. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM 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 at the
Natatorium.

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 City Council Regular Meeting - Page 4 of 342
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 RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM.”

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

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

NEW/OLD BUSINESS

16. NEWLY REDESIGNED SERVICE REQUEST MOBILE APP - LYNWOOD CONNECT Comments:

The City's service request mobile app has been in production since 2015. The app was recently redesigned and rebranded as Lynwood Connect. Staff will start a new marketing campaign to notify residents of the new app starting this week. The old app will still continue to function as normal. (IT)

Recommendation:

Staff recommends that the Lynwood City Council receive and file this staff report providing an update on the City's redesigned service request mobile app.

17. THIRD AMENDMENT TO ANIMAL SHELTERING SERVICES
Comments:

The City Council will consider the approval of a one-year extension with the Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA) to provide animal sheltering services for the City. (CD)

Recommendation:

Staff recommends the City Council of the City of Lynwood adopt the attached resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A

THIRD AMENDMENT WITH THE SOCIETY FOR THE PREVENTION OF CRUELTY TO

ANIMALS LOS ANGELES (SPCALA) TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF LYNWOOD COMMENCING JULY 1, 2022 THROUGH JUNE 30, 2023.” City Council Regular Meeting - Page 5 of 342

18. SURETY TAKEOVER AGREEMENT FOR BURKE HAM PARK RENOVATION Comments:

Recommendation:

1. Staff recommends that the City Council consider approval of the Surety Takeover Agreement, in a form approved by the City Attorney, allowing The Ohio Casualty Insurance Company to assume the rights and obligations of the Contractor on the Burke Ham Park Renovation Project.

2. Staff recommends that the City Council consider adoption of the attached Resolution No. ______ entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

APPROVING A SURETY TAKEOVER AGREEMENT FOR THE YVONNE BURKE-JOHN D. HAM PLAYGROUND/PARK RENOVATION IMPROVEMENT PROJECT”.

3. Staff recommends that the City Council consider authorizing the City Manager

to approve any
consultant or vendor agreements, modifications, change orders or any other agreements or amendments necessary to effectuate the purposes of the Surety Takeover Agreement.

19. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

20. STAFF ORAL COMMENTS

ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON JULY 19, 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 342
Agenda Item # 8.

AGENDA STAFF REPORT
DATE:

July 5, 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:

SECOND READING BY TITLE ONLY AND ADOPT ORDINANCE NO. 1747 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

INCLUDE 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.

Recommendation:

Recommendations:

1. Staff recommends that the City Council conduct a second reading by title only and adopt the attached Ordinance No. 1747 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).

City Council Regular Meeting - Page 7 of 342

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 and been awarded a grant known as the DTSC – ECRG Grant for financial assistance of the remediation of underground 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:

City Council Regular Meeting - Page 8 of 342

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
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.

City Council Regular Meeting - Page 9 of 342

Fiscal Impact:

The project provides an opportunity for the City to generate approximately $250,000 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 Manager's Office
City Attorney
Special Counsel
ATTACHMENTS:

Description
Attachment A - Ordinance No. 1747
Attachment B - Development Agreement
City Council Regular Meeting - Page 10 of 342
1 ORDINANCE NO. 1747

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 D EVELOPMENT 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 TH RU 015, 6175 -003-017 AND 6175 -003-018). THE

DEVELOPMENT AGREEMEN T AND ASSOCIATED ENT ITLEMENTS

INCLUDE A SUPERMARKET ALCOHOL SALES FOR OF F-SITE

CONSUMPTION ASSOCIATED WITH, DETACHED DRIVE -THROUGH
CAFÉ/RESTAURANT, AND RET AIL SPACE ATTACHED T O THE
SUPERMARKET STRUCTUR E. THE PROPOSED DEVELOP MENT

DOMINANTLY FRONTS ON TO THE EAST SIDE OF LON G 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 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 Property”);

WHEREAS, On September 14, 2021, the 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 342
2 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 , t he 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 Approval associated with Planning Commission Resolution Nos. 3427, 3428, and 3429 and Conditional Use Permit No. 2019- 01, Conditional Use Permit No. 2020 -01, and Tentati ve 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 Development 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 p rovides the Developer with assurance that the City will not change the terms of development during construction of t he 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 land use element, the land use plan of the City’s general plan and all the provisions of the Long Beach Boulevard and Lynwood Transit Area Specific Pl ans, and that the project will not adversel y 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 Property”) 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).

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3 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 effec t on the thirty -first (31 st) 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 5th day of July, 2022.

________________________________
Jorge Casanova
Mayor

ATTEST:

__________________________ ________________________________ Maria Quiñonez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM:

__________________________
Noel Tapia
City Attorney

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4 STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, Maria Quiňonez, 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 5th day of July, 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 Quiňonez, 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 Ordinance No. 1747 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of July, 2022.

___________________________
Maria Quiňonez,
City Clerk

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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 _________, 2022 (“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 16 of 342
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 17 of 342
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.

I. 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.

J. 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.

K. On April 12, 2022, the City of Lynwood Planning Commission (“Planning Commission”), the initial hearing body for purposes of development agreement review, recommended approval of this Development Agreement and pursuant to 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, adopted the project’s Mitigated Negative Declaration No. 2019-01. On [date], the City of Lynwood City Council (“City Council”) adopted its Ordinance No. 1747approving this Development Agreement and authorizing its execution.

L. 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.

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5 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.

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. 1747 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. 1747 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. 1747, approved this Development Agreement and authorized its execution.

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6 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 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.

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7 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 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”); City Council Regular Meeting - Page 21 of 342
8 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
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.

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9 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 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 City Council Regular Meeting - Page 23 of 342
10 Approvals (on the one hand) and this Development Agreement, in particular, (on the other hand), the provisions of this Development Agreement shall control.

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 City Council Regular Meeting - Page 24 of 342
11 Subsequent Approvals with respect to the Project. Developer shall pay all Processing Fees for 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 27 of 342
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 28 of 342
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 29 of 342
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.

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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 31 of 342
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 32 of 342
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).

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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 profits 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, damage s, 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”.

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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 35 of 342
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, re storation 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 such person or agency for costs expended in connect ion 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 marketing 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 remediation 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 water, groundwater, or land, or relating to the m anufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes, whether 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, regulation, rule or City Council Regular Meeting - Page 36 of 342
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 contains 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 37 of 342
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 38 of 342
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 39 of 342
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 40 of 342
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 41 of 342
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 42 of 342
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 eliminating 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 44 of 342
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 45 of 342
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 46 of 342
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 47 of 342
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 49 of 342
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 50 of 342
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 51 of 342
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 52 of 342
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 53 of 342
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 54 of 342
Exhibit A - 1

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

(attached)
City Council Regular Meeting - Page 55 of 342
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 56 of 342
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 57 of 342
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 58 of 342
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 CONVE YED

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 59 of 342
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 60 of 342
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 61 of 342
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 62 of 342
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 63 of 342
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 64 of 342
Exhibit B - 1

EXHIBIT B

MAP OF PROPERTY

[Attached]

City Council Regular Meeting - Page 65 of 342
Exhibit B - 2

AERIAL OF PROPOSED PROJECT SITE

City Council Regular Meeting - Page 66 of 342
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 67 of 342
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 68 of 342
Exhibit E - 1

EXHIBIT E

PROJECT SITE PLAN
[Attached]

City Council Regular Meeting - Page 69 of 342
Exhibit E - 2

City Council Regular Meeting - Page 70 of 342

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 ..............................................................................7 Development Schedule. ...........................................................................................7 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 71 of 342

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 72 of 342

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 73 of 342
Agenda Item # 9.

AGENDA STAFF REPORT
DATE:

July 5, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

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

SUBJECT:

APPROVAL OF THE WARRANT REGISTERS
Recommendation:

Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant registers dated July 5, 2022 for FY 2021-2022 and FY 2022-2023.

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2021-2022
FY 2022-2023

Coordinated With:

City Manager
City Attorney
City Council Regular Meeting - Page 74 of 342
ATTACHMENTS:

Description

WARRANT RUNS
7 05 2022

RESOLUTION ITEM
City Council Regular Meeting - Page 75 of 342
FY 2021-2022
vchlist Prepaid-Check List Page: 1
06/28/2022 12:20:19PM City of Lynwood
'
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204965 6/21/2022 006399 AT&T 000018250278 TELEPHONE SERVICE 83.00 000018287385 TELEPHONE SERVICE 835.36
000018288598 TELEPHONE SERVICE 381 .70
Total : 1,300.06
204966 6/21/2022 000955 CENTRAL BASIN MUNICIPAL WATER LYN-MAY22 06-009489 PURCHASE FOR RESALE 154,535.80 Total: 154,535.80
204967 6/21/2022 013473 CONTROLLING INSURANCE COST IN, 165279971 VISION PREMIUM 6/2022 957.10 Total : 957.10
204968 6/21/2022 013560 EVANS, DERRICK 103 08-004959 COMMUNITY ACTIVITIES EXPENSE 1,200.00 Total : 1,200.00
204969 6/21/2022 011188 INSURANCE COMPANY, THE LINCOLN 011188-063022 LTD PREMIUM 4,281 .24 Total : 4,281.24
204970 6/21/2022 007340 NEOGOV INV-26457 05-001925 PROFESSIONAL/CONTRACTUAL SERVICE 6,860.93 Total: 6,860.93
204971 6/21/2022 000163 SOUTHERN CALIFORNIA EDISON 000163061422 LIGHT & POWER SERVICES 3,220.85 Total : 3,220.85
204972 6/21/2022 001224 STANDARD INSURANCE COMPANY 001224-063022 LIFE INSURANCE PREMIUM 777.00 Total: 777.00
204973 6/21/2022 013487 TRUSAIC CINV-021713 05-001924 PROFESSIONAL/CONTRACTUAL SERVICE 500.00 Total: 500.00
204974 6/21/2022 013473 CONTROLLING INSURANCE COST IN, Ben144876 VISION: PAYMENT 529.22 Ben145095 VISION: PAYMENT 35.73
Ben145115 VISION: PAYMENT 527.27
Total : 1,092.22
204975 6/21/2022 001224 STANDARD INSURANCE COMPANY Ben144872 AD&D STANDARD LIFE INSURANCE: 634.72 Ben145093 AD&D STANDARD LIFE INSURANCE: 65.13
Ben145111 AD&D STANDARD LIFE INSURANCE: 708.15
Page: 1
City Council Regular Meeting - Page 76 of 342
vchlist Prepaid-Check List Page: 2
06/28/2022 12:20:19PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204975 6/21/2022 001224 001224 STANDARD INSURANCE COMPANY (Continued) Total : 1,408.00 204976 6/21/2022 007551 AFSCME DISTRICT COUNCIL 36 Ben145386 ASSOCIATION DUES: PAYMENT 1,609.10 Ben145707 ASSOCIATION DUES: PAYMENT 1,642.13
Total : 3,251.23
204977 6/21/2022 011927 AMERICAN FIDELITY ASSURANCE CO Ben145382 ACCIDENT PRETAX: PAYMENT 1,737.56 Ben145703 ACCIDENT PRETAX: PAYMENT 1,844.36
Total: 3,581.92
204978 6/21/2022 013398 AMERICAN FIDELITY ASSURANCE CO Ben145394 HEAL TH FSA PRE-TAX: PAYMENT 347.89 Ben145715 HEAL TH FSA PRE-TAX: PAYMENT 347.89
Total : 695.78
204979 6/21/2022 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben145390 MGMT. ASSOCIATION DUES: 175.00 Ben145711 MGMT. ASSOCIATION DUES: 175.00
Total: 350.00
204980 6/21/2022 010048 LEGAL SHIELD Ben145392 LEGAL SHIELD: PAYMENT 49.84 Ben145713 LEGAL SHIELD: PAYMENT 49.84
Total: 99.68
204981 6/21/2022 013086 DIV LEVYING OFFICER, SHERIFF'S Ben145721 LEVYING OFFICER: PAYMENT 431.05 Total: 431.05
204982 6/21/2022 005282 FRANCHISE TAX BOARD Ben145719 FRANCHISE TAX BOARD: PAYMENT 599.81 Total: 599.81
204983 6/21/2022 013084 LE, JESSICA Ben145717 LEVYING: PAYMENT 293.00 Total : 293.00
204984 6/21/2022 006399 AT&T 000018312270 TELEPHONE SERVICE 23.09 000018315504 TELEPHONE SERVICE 84.68
000018315506 TELEPHONE SERVICE 22.43
000018315507 TELEPHONE SERVICE 312.79
000018315509 TELEPHONE SERVICE 62.26
000018315513 TELEPHONE SERVICE 84.68
000018315517 TELEPHONE SERVICE 22.43
Page: 2
City Council Regular Meeting - Page 77 of 342
vchlist Prepaid-Check List Page: 3
06/28/2022 12:20:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Oescri ption/ Account Amount 204984 6/21/2022 006399 AT&T (Continued)
000018315623 TELEPHONE SERVICE 43.18
000018315624 TELEPHONE SERVICE 43.18
000018315694 TELEPHONE SERVICE 43.18
Total: 741.90
204985 6/21/2022 000163 SOUTHERN CALIFORNIA EDISON 000163061722 LIGHT & POWER SERVICES 25,741.28 Total : 25,741.28
204986 6/21/2022 000164 THE GAS CO. 000164062122 GAS SERVICES 6,082.63 Total: 6,082.63
204987 6/23/2022 002319 CINDY'S JUMPERS 50619 08-004957 COMMUNITY ACTIVITIES EXPENSE 414.25 Total: 414.25
204988 6/23/2022 001087 FANTASY FLOWERS AND GIFTS 1360 01-001714 PROF & CONTRACTUAL SERVICE 518.18 Total : 518.18
204989 6/23/2022 013308 GARCIA-TORRES, CARMEN SUSANA 070322 08-004961 COMMUNITY ACTIVITIES EXPENSE 1,500.00 Total : 1,500.00
204990 6/23/2022 011188 INSURANCE COMPANY, THE LINCOLN 011188-053122 LTD PREMIUM 4,127.80 011188-073122 LTD PREMIUM 3,975.17
Total: 8,102.97
204991 6/23/2022 000486 LIBERTY UTILITIES 158555-06012022 06-009486 WATER USE FOR IRRIGATION 115.17 164055-06012022 06-009486 WATER USE FOR IRRIGATION 26.49 164060-06012022 06-009486 WATER USE FOR IRRIGATION 26.49 Total: 168.15
204992 6/23/2022 007606 LOPEZ, JUAN 019 08-004962 COMMUNITY ACTIVITIES EXPENSE 2,500.00 Total : 2,500.00
204993 6/23/2022 001202 PARTY PRONTO 039521 08-004963 COMMUNITY ACTIVITIES EXPENSE 5,707.00 039658 08-004963 COMMUNITY ACTIVITIES EXPENSE 738.60
Total: 6,445.60
204994 6/23/2022 013558 SANDOVAL, SALVADOR 1 08-004964 COMMUNITY ACTIVITIES EXPENSE 1,500.00 --
Page: 3
City Council Regular Meeting - Page 78 of 342
vchlist Prepaid-Check List Page: 4
06/28/2022 12:20:19PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 204994 6/23/2022 013558 013558 SANDOVAL, SALVADOR (Continued) Total : 1,500.00 204995 6/23/2022 001302 U.S. BANK 001302-05162022 BANKCARD CHARGES 5,089.41 001302-05162022-A BANKCARD CHARGES 7,806.79
001302-05162022-B BANKCARD CHARGES 424.42
001302-05162022-C BANKCARD CHARGES 622.83
Total : 13,943.45
204996 6/23/2022 011963 WEX BANK 81448825-A 06-009516 FUEL CHARGES 13,702.01 Total : 13,702.01
204997 6/23/2022 011963 WEX BANK 81448825 06-009141 FUEL CHARGES 3,233.91 Total : 3,233.91
204998 6/28/2022 013288 SPECTRUM 0603173051522 12-000365 OTHER FEE FOR SERVICES 182.72 0603173061522 12-000365 OTHER FEE FOR SERVICES 182.72
Total : 365.44
204999 6/28/2022 013288 SPECTRUM 0244895060122 12-000365 OTHER FEE FOR SERVICES 139.98 Total : 139.98
205000 6/28/2022 013288 SPECTRUM 0543478051622 12-000365 OTHER FEE FOR SERVICES 219.98 Total: 219.98
205001 6/28/2022 013288 SPECTRUM 0543478061622 12-000365 OTHER FEE FOR SERVICES 219.98 Total : 219.98
205002 6/28/2022 013288 SPECTRUM 0031912051622 12-000365 OTHER FEE FOR SERVICES 150.06 0031912061622 12-000365 OTHER FEE FOR SERVICES 150.06
Total : 300.12
205003 6/28/2022 001302 U.S. BANK 001302-061522-A BANKCARD CHARGES 411.85 001302-061522-B BANKCARD CHARGES 5,072.17
001302-061522-C BANKCARD CHARGES 417.48
001302-061522-D BANKCARD CHARGES 5,474.72
Total: 11,376.22
205004 6/28/2022 001302 U.S. BANK 001302-061522 BANKCARD CHARGES 3,008.75 Page: 4
City Council Regular Meeting - Page 79 of 342
vchlist
06/29/2022 10:09:49AM
Bank code: apbank
Voucher
205004
205005
Date Vendor
6/28/2022 001302 001302 U.S. BANK
6/28/2022 013604 ARRENDONDO, MARIELA
41 Vouchers for bank code :
41 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
(Continued)
1803
PO#
-------
08-004967
Description/Account
Total:

COMMUNITY ACTIVITIES EXPENSE
Total:

Bank total:

Total vouchers :

Page: 5
Amount
3,008.75
1,200.00
1,200.00
286,860.47
286,860.47
Page: 5
City Council Regular Meeting - Page 80 of 342
FY 2021-2022
vchlist Check List Page: 6
06/29/2022 12:18:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205006 7/5/2022 007439 ALL CITY MANAGEMENT SVCS, INC. 7B308 11-001916 PROF & CONTRACTUAL SERVICES 14,193 .82 Total : 14,193.82
205007 7/5/2022 0108B4 ALL STAR ELITE SPORTS 2965 0B-00490B OPERATING SUPPLIES 292 .25 Total : 292.25
20500B 7/5/2022 010746 ALVAREZ-GLASMAN & COLVIN 2022-01-20300-6 02-002525 LEGAL SERVICES 5,815 .50 2022-01-20302-1 02-002525 LEGAL SERVICES B75.00
2022-01-20302-2 02-002525 LEGAL SERVICES 425.00
2022-01-20303 02-002525 LEGAL SERVICES 3,725 .00
2022-01-20304 02-002525 LEGAL SERVICES 150.00
2022-01-20305 02-002525 LEGAL SERVICES 1,370.60
2022-02-20315 02-002525 LEGAL SERVICES 16,624.08
2022-02-20315-1 02-002525 LEGAL SERVICES 5,808 .00
2022-02-20315-2 02-002525 LEGAL SERVICES 3,219 .37
2022-02-20316 01-001630 LEGAL SERVICES - CANNABIS 1,430 .00 2022-02-20317 02-002525 LEGAL SERVICES 900.00
2022-02-20317-1 02-002525 LEGAL SERVICES 325 .00
2022-02-20318 02-002525 LEGAL SERVICES 1,150.00
2022-02-20319 02-002525 LEGAL SERVICES 475.00
2022-02-20320 02-002525 LEGAL SERVICES 1,600.00
Total: 43,892.55
205009 7/5/2022 00B217 AMAZON .COM , LLC B535964B3455 12-000388 OPERATING SUPPLIES 27.55 B63588748679 12-0003B8 OPERATING SUPPLIES 82.71
Total : 110.26
205010 7/5/2022 002452 AMERICAN LANGUAGE SVCS . 69279 01-001653 PROF & CONTRACTUAL SERVICES 817.00 Total : 817.00
205011 7/5/2022 003312 AMERICAN RENTALS 505442 06-009483 OPERATING SUPPLIES 775.04 505619 06-009483 OPERATING SUPPLIES 252.03
506112 06-009483 OPERATING SUPPLIES 305.30
Total: 1,332.37
205012 7/5/2022 011094 EDD-AM-TEC TOTAL SECURITY, INC. 623456 08-004966 LEVY-OTHER FEE FOR SERVICES 91 .50 Page : 6
City Council Regular Meeting - Page 81 of 342
vchlist Check List Page: 7
06/29/2022 12:18:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205012 7/5/2022 011094 011094 AM-TEC TOTAL SECURITY, INC. (Continued) Total : 91.50 205013 7/5/2022 012693 ANIMAL EMERGENCY , LONG BEACH 670583;670626;670669 11-002012 PROF & CONTRACTUAL SERVICES 792.30 670817 11-002012 PROF & CONTRACTUAL SERVICES 146.67
671129 11-002012 PROF & CONTRACTUAL SERVICES 146.67
671242 11-002012 PROF & CONTRACTUAL SERVICES 482.95
671467 11-002012 PROF & CONTRACTUAL SERVICES 146.67
Total: 1,715.26
205014 7/5/2022 005344 AT&T MOBILITY 287260367753X060822 12-000398 CELL PHONE SERVICE 3,053.67 Total : 3,053.67
205015 7/5/2022 004285 AVANT GARDE, INC. 7114 06-008790 PROF & CONTRACTUAL SERVICES 1,418.75 7116 06-009525 PROF & CONTRACTUAL SERVICES 170.00
7708 11-001919 PROF & CONTRACTUAL SERVICES 535.00
7715 06-009437 PROF & CONTRACTUAL SERVICES 680.00
Total : 2,803.75
205016 7/5/2022 002978 B.L. WALLACE-DISTRIBUTOR, INC. 20221996 06-009183 OPERATING SUPPLIES 3,422.38 Total: 3,422.38
205017 7/5/2022 000300 BUBBS HARDWARE 235 06-009188 OPERATING SUPPLIES 10.97 Total : 10.97
205018 7/5/2022 001330 CANON FINANCIAL SERVICES, INC. 28693860 12-000368 RENTAL BLDG & EQUIPMENT 321 .75 28693861 12-000368 RENTAL BLDG & EQUIPMENT 770.16
Total : 1,091.91
205019 7/5/2022 000488 CANON SOLUTIONS AMERICA, INC 6000756937 12-000386 RENTAL BLDG & EQUIPMENT 30.90 6000823031 12-000386 RENTAL BLDG & EQUIPMENT 22.00
Total : 52.90
205020 7/5/2022 001195 CDW GOVERNMENT X192327 12-000394 MACHINERY & EQUIPMENT 2,479.16 X209030 12-000396 MACHINERY & EQUIPMENT 2,526.35
2254798 06-009530 MACHINERY & EQUIPMENT 577.48
Total: 5,582.99
205021 7/5/2022 006573 CENTRAL FORD AUTOMOTIVE, INC. C87312 06-009190 REPAIRS/MAINT-BLDG & EQUIPMENT 2,725.35 Page: 7
City Council Regular Meeting - Page 82 of 342
vchlist Check List Page: 8
06/29/2022 12:18:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205021 7/5/2022 006573 006573 CENTRAL FORD AUTOMOTIVE , INC. (Continued) Total : 2,725.35 205022 7/5/2022 008107 CHICAGO TITLE COMPANY 0912206427-1 11-001920 PROF & CONTRACTUAL SERVICES 65.00 Total : 65.00
205023 7/5/2022 002319 CINDY'S JUMPERS 51543 08-004968 COMMUNITY ACTIVITIES EXPENSE 1,098.00 Total : 1,098.00
205024 7/5/2022 001168 CINTAS CORPORATION NO. 2 8405742805 08-004693 PROF & CONTRACTUAL SERVICES 29.68 8405742805-A 08-004694 PROF & CONTRACTUAL SERVICES 192.23 8405742805-B PROF & CONTRACTUAL SERVICES 105.29
Total : 327.20
205025 7/5/2022 001571 CLINICAL LAB OF SAN BERNARDINO 2200940-L YN01 06-009150 WATER TESTING SVCS. 802.50 Total : 802.50
205026 7/5/2022 013501 CODESP 0005574 05-001930 SUBSCRIPTION 3,100.00 Total : 3,100.00
205027 7/5/2022 013555 COLLINS, JORDAN 013555-053122 08-004958 PROF & CONTRACTUAL SERVICES 720.00 Total : 720.00
205028 7/5/2022 012021 CONCENTRA MEDICAL CENTERS 75522942 05-001879 PROF & CONTRACTUAL SERVICES 306.00 Total : 306.00
205029 7/5/2022 010754 COOL IMAGE WATER, DBA/ AMERICAN 1562 08-004910 PROF & CONTRACTUAL SERVICES 35.94 1563 06-009194 PROF & CONTRACTUAL SERVICES 173.71
Total: 209.65
205030 7/5/2022 001306 CORELOGIC SOLUTIONS , LLC. 30608525 12-000363 PROF & CONTRACTUAL SERVICES 265.23 Total : 265.23
205031 7/5/2022 007243 COUNTY OF LOS ANGELES, 22050906748 06-009233 TRAFFIC SIGNAL MAINTENANCE 432.19 22050906749 06-009233 TRAFFIC SIGNAL MAINTENANCE 503.31 Total: 935.50
205032 7/5/2022 010638 COURT OF CALIFORNIA, COUNTY OF LA 7 40A-053122 11-001922 PROF & CONTRACTUAL SERVICES 18,585.05 Page: 8
City Council Regular Meeting - Page 83 of 342
vchlist Check List Page: 9
06/29/2022 12:18:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205032 7/5/2022 010638 010638 COURT OF CALIFORNIA, COUNTY (Continued) Total: 18,585.05 205033 7/5/2022 000305 CULLIGAN 1262225 06-009196 PROF & CONTRACTUAL SERVICES 81.52 Total: 81.52
205034 7/5/2022 000138 DAILY JOURNAL CORPORATION A3582510 06-009519 ADVERTISING & PRINTING 222.00 Total : 222.00
205035 7/5/2022 011977 DELGADILLO, LILIANA A. 011977-042122 05-001915 MONTHLY STIPEND 50.00 011977-051922 05-001915 MONTHLY STIPEND 50.00
Total: 100.00
205036 7/5/2022 013431 DEONDRA TISDALE 013431-042122 05-001904 MONTHLY SITPEND 50.00 013431-051922 05-001904 MONTHLY SITPEND 50.00
Total : 100.00
205037 7/5/2022 003352 DEPT. OF JUSTICE CTRL SERVICES 582841 05-001889 PROF & CONTRACTUAL SERVICES 320.00 Total : 320.00
205038 7/5/2022 001987 DISTRICT OF SOUTHERN CALIF., WATER CBWM22-077 06-009159 PURCHASE FOR RESALE 7,858.62 Total: 7,858.62
205039 7/5/2022 013614 DKF SOLUTIONS GROUP LLC 20390 REGISTRATION 309.00 20391 REGISTRATION 608.00
Total : 917.00
205040 7/5/2022 011246 EFAX CORPORATE 4157572 12-000374 FAX SERVICE 139.50 Total : 139.50
205041 7/5/2022 013455 ELITE POWER SYSTEMS 000628 06-009403 PROF & CONTRACTUAL SERVICES 1,920.00 Total: 1,920.00
205042 7/5/2022 011743 ENVIRONMENTAL DETECTIVE INC. 05026022-3 06-009500 PROF & CONTRACTUAL SERVICES 4,500.00 Total : 4,500.00
205043 7/5/2022 001389 ESRI, INC. 94266897 12-000397 OTHER FEE FOR SERVICES 600.00 Total : 600.00
Page: 9
City Council Regular Meeting - Page 84 of 342
vchlist Check List Page: 10
06/29/2022 12:18:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205044 7/5/2022 009633 EVENT STEP AND REPEAT 15396 08-004878 ADVERSTISING & PRINTING 86.23 Total : 86.23
205045 7/5/2022 003317 FAIR HOUSING FOUNDATION 003317-060922 11-001925 PUBLIC SERVICE 1,153.91 Total: 1,153.91
205046 7/5/2022 001087 FANTASY FLOWERS AND GIFTS 1469 08-004960 COMMUNITY ACTIVITY EXPENSE 148.84 Total: 148.84
205047 7/5/2022 003334 FED EX 7-762-32799 06-009235 COURIER SERVICES 9.64 7-776-74547 06-009236 COURIER SERVICES 11 .26
7-784-25317 06-009236 COURIER SERVICES 18.43
Total : 39.33
205048 7/5/2022 001393 FERGUSON ENTERPRISES, INC. 1497038 06-009148 OPERATING SUPPLIES 1,286.76 Total : 1,286.76
205049 7/5/2022 001393 FERGUSON ENTERPRISES, INC. 1482072 06-009496 OPERATING SUPPLIES 406.40 Total : 406.40
205050 7/5/2022 013214 FUTURE PACKAGING &PRESERVATION 14572 06-009537 OTHER FEES FOR SERVICES 1,945.91 Total : 1,945.91
205051 7/5/2022 000236 GOPHER IN185823 08-004944 OPERATING SUPPLIES 549.62 IN189711 08-004944 OPERATING SUPPLIES 341 .14
Total : 890.76
205052 7/5/2022 001510 GRAINGER, INC. 9347219397 06-009203 OPERATING SUPPLIES 127.99 9350316981 06-009203 OPERATING SUPPLIES 77.10
Total : 205.09
205053 7/5/2022 005769 HARRINGTON INDUSTRIAL PLASTIC 00121013 06-009412 OPERATING SUPPLIES 1,791 .78 Total : 1,791.78
205054 7/5/2022 013574 HERNANDEZ, GUISEL 53592768 REFUND 50.00 Total : 50.00
205055 7/5/2022 003338 HILL YARD-LOS ANGELES 604777419 06-009239 OPERATING SUPPLIES 1,140.55 Page: 10
City Council Regular Meeting - Page 85 of 342
vchlist Check List Page: 11
06/29/2022 12:18:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205055 7/5/2022 003338 HILLYARD-LOS ANGELES (Continued) 604777420 06-009239 OPERATING SUPPLIES 1,297 .19
Total: 2,437.74
205056 7/5/2022 001681 HUMAN SERVICES ASSOCIATION 053120228A 08-004716 CV GRANT SENIOR MEALS 2,802 .50 Total : 2,802.50
205057 7/5/2022 005848 INFRASTRUCTURE ENGINEERS 26937 06-009416 PROF & CONTRACTUAL SERVICES 42,340 .80 26949 06-008768 PROF & CONTRACTUAL SERVICES 381.80
26950 06-008766 PROF & CONTRACTUAL SERVICES 320.40
26955 06-009514 PROF & CONTRACTUAL SERVICES 337.50
26976 11-002091 PROF & CONTRACTUAL SERVICES 10,574.93
26979 06-009431 PROF & CONTRACTUAL SERVICES 1,663.90
26980 06-009430 PROF & CONTRACTUAL SERVICES 1,817.00
26981 06-009427 PROF & CONTRACTUAL SERVICES
26982 06-009428 PROF & CONTRACTUAL SERVICES 2,427 .70
26983 06-009423 PROF & CONTRACTUAL SERVICES , 2,143 .70 26984 06-009424 PROF & CONTRACTUAL SERVICES 1,381.20
26985 06-009425 PROF & CONTRACTUAL SERVICES 1,765.10
26986 06-009441 PROF & CONTRACTUAL SERVICES 6,454.20
Total : 74,211.23
205058 7/5/2022 005848 INFRASTRUCTURE ENGINEERS 26988 06-007071 PROF & CONTRACTUAL SERVICES 668 .25 Total: 668.25
205059 7/5/2022 000844 J & G GRAPHICS 05597 02-002603 ADVERTISING & PRINTING 214 .17 Total : 214.17
205060 7/5/2022 008254 JCL TRAFFIC SERVICES 113916 06-009533 PROF & CONTRACTUAL SERVICES 3,227 .70 Total : 3,227.70
205061 7/5/2022 001269 JOHN L. HUNTER & ASSOCIATES LYN1 MS412205 06-009241 PROF & CONTRACTUAL SERVICES 426 .25 LYN 1 SCWR 12205 06-009390 PROF & CONTRACTUAL SERVICES 991.25 Total : 1,417.50
205062 7/5/2022 000097 JONES LUMBER 276070 06-009242 OPERATING SUPPLIES 495 .29 Total : 495.29
Page: 11
City Council Regular Meeting - Page 86 of 342
vchlist Check List Page: 12
06/29/2022 12:18:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205063 7/5/2022 003547 KANE, BALLMER & BERKMAN 27304 11-002107 LEGAL SERVICES 717.50 Total: 717.50
205064 7/5/2022 012798 KIDCHECK INC 62122 08-004970 MACHINERY & EQUIPMENT 1,979 .00 Total : 1,979.00
205065 7/5/2022 003331 L.A. COUNTY SHERIFF DEPT . 223144LL 01-001654 PROF & CONTRACTUAL SERVICES 953 ,331 .20 223145LL 01-001660 PROF & CONTRACTUAL SERVICES 18,593 .72 223145LL-A 01-001654 PROF & CONTRACTUAL SERVICES 1,757 .85 223186LL 01-001655 PROF & CONTRACTUAL SERVICES 8,406 .34 Total : 982,089.11
205066 7/5/2022 010124 LABORATORIES , INC., AMERICAN 213720 06-009449 PROF & CONTRACTUAL SERVICES 75.00 Total: 75.00
205067 7/5/2022 008480 LOPEZ AUTO SERVICE & TIRES INC 2645 06-009515 OTHER FEE FOR SERVICES 130.00 2646 06-009515 OTHER FEE FOR SERVICES 120.00
2647 06-009515 OTHER FEE FOR SERVICES 342 .65
2648 06-009515 OTHER FEE FOR SERVICES 185.00
2701 06-009515 OTHER FEE FOR SERVICES 95.00
2702 06-009515 OTHER FEE FOR SERVICES 95.00
2703 06-009515 OTHER FEE FOR SERVICES 320.00
30877-02 06-009515 OTHER FEE FOR SERVICES 345.00
31070 06-009515 OTHER FEE FOR SERVICES 130.00
31071 06-009515 OTHER FEE FOR SERVICES 90.00
31072 06-009515 OTHER FEE FOR SERVICES 90.00
31073 06-009515 OTHER FEE FOR SERVICES 973 .66
31074 06-009515 OTHER FEE FOR SERVICES 90.00
31076 06-009515 OTHER FEE FOR SERVICES 90.00
31078 06-009515 OTHER FEE FOR SERVICES 120.00
Total : 3,216.31
205068 7/5/2022 012300 MAGNEGAS WELDING SUPPLY - WEST 20117074 06-009260 OPERATING SUPPLIES 700.00 20117425 06-009260 OPERATING SUPPLIES 106.39
Total : 806.39
205069 7/5/2022 002761 MARCO POWER EQUIPMENT 21214914 06-009244 SUPPLIES, REPAIRS, MACHINERY 3,350 .80 Page: 12
City Council Regular Meeting - Page 87 of 342
vchlist Check List Page: 13
06/29/2022 12:18:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205069 7/5/2022 002761 MARCO POWER EQUIPMENT (Continued) 21214914-A 06-009534 SUPPLIES, REPAIRS, MACHINERY 570.79 21214928 06-009244 SUPPLIES, REPAIRS, MACHINERY 368.24
21214929 06-009244 SUPPLIES, REPAIRS, MACHINERY 23.51
21214933 06-009244 SUPPLIES, REPAIRS, MACHINERY 1,071.63 21214934 06-009244 SUPPLIES, REPAIRS, MACHINERY 257.74
Total : 5,642.71
205070 7/5/2022 013575 MENDEZ, VILMA 52320166 REFUND 15.00 Total: 15.00
205071 7/5/2022 005256 MONJARAS & WISMEYER GROUP,INC. 21787 05-001896 PROF & CONTRACTUAL SERVICES 1,400.00 Total: 1,400.00
205072 7/5/2022 008782 MSJ ACCESS INC 91068392 06-009432 REPAIRS/MAINT-BLDG & EQUIPMENT 149.66 91068392-A 06-009535 REPAIRS/MAINT-BLDG & EQUIPMENT 1,175.98 Total: 1,325.64
205073 7/5/2022 000475 NATIONWIDE ENVIRONMENTAL SVCS. 32373 06-009209 PROF & CONTRACTUAL SERVICES 47,793.09 32373-A 11-001938 PROF & CONTRACTUAL SERVICES 5,310.34
32443 06-009247 PROF & CONTRACTUAL SERVICES 1,682.45
32443-A 11-001953 PROF & CONTRACTUAL SERVICES 1,075.67
Total : 55,861.55
205074 7/5/2022 000475 NATIONWIDE ENVIRONMENTAL SVCS. 32469 06-009246 PROF & CONTRACTUAL SERVICES 5,504.94 Total : 5,504.94
205075 7/5/2022 013561 NEOBITS, INC NW526570 08-004971 OPERATING SUPPLIES 7,046.88 Total: 7,046.88
205076 7/5/2022 011922 NORTH STAR LAND CARE LLC 1601-335 06-009538 PROF & CONTRACTUAL SERVICES 18,825.00 Total: 18,825.00
205077 7/5/2022 000078 ODP BUSINESS SOLUTIONS,LLC 235194350002 06-009210 OFFICE SUPPLIES 193.20 245742196001 06-009210 OFFICE SUPPLIES 1,204.46
246610432001 06-00921 o OFFICE SUPPLIES 304.49
247146092002 08-004946 OFFICE SUPPLIES 16.56
247146092002-A 08-004809 OFFICE SUPPLIES 7.17
Page: 13
City Council Regular Meeting - Page 88 of 342
vchlist Check List Page: 14
06/29/2022 12:18:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205077 7/5/2022 000078 ODP BUSINESS SOLUTIONS,LLC (Continued) 247146095002 08-004946 OFFICE SUPPLIES 10.10
247146108001 08-004946 OFFICE SUPPLIES 69.23
247146109001 08-004809 OFFICE SUPPLIE~ 185.20
247570424001 11-002109 OFFICE SUPPLIES 97.69
247757964001 11-002109 OFFICE SUPPLIES 14.63
247757966001 11-002109 OFFICE SUPPLIES 9.96
249592825001 02-002542 OFFICE SUPPLIES 68.36
249937564001 02-002542 OFFICE SUPPLIES 45.04
251301010001 02-002526 OFFICE SUPPLIES 801.97
251315252001 02-002542 OFFICE SUPPLIES 25.24
Total : 3,053.30
205078 7/5/2022 012548 PARKING COMPANY OF AMERICA INVM0016567 06-009165 FIXED ROUTE TRANSIT 98,708.06 INVM0016660 06-009165 FIXED ROUTE TRANSIT 95,144.55
INVM0016732 06-009165 FIXED ROUTE TRANSIT 96,504.17
Total: 290,356.78
205079 7/5/2022 013557 PARKSIDE INN MOTEL 013557-053122 01 -001711 EMERGENCY MOTEL VOUCHERS 9,960.00 Total : 9,960.00
205080 7/5/2022 010945 PETDATA, INC. 10798 11-001940 PROF & CONTRACTUAL SERVICES 500.00 Total : 500.00
205081 7/5/2022 008307 PHOENIX GROUP INFORMATION SYS 052022204 11-002104 PROF & CONTRACTUAL SERVICES 17,712.32 Total : 17,712.32
205082 7/5/2022 006281 PROFESSIONAL SECURITY, IN000119570 08-004700 PROF & CONTRACTUAL SERVICES 9,370.80 IN000119571 08-004901 PROF & CONTRACTUAL SERVICES 293.44 Total : 9,664.24
205083 7/5/2022 001142 QUILL CORPORATION 23628495 10-000211 OFFICE SUPPLIES 8.52 23630313 10-000211 OFFICE SUPPLIES 10.19
23632708 10-000211 OFFICE SUPPLIES 87.35
Total : 106.06
205084 7/5/2022 012135 RAMBOLL US CONSULTING INC 1690095756 11-002027 PROF & CONTRACTUAL SERVICES 382.50 Page: 14
City Council Regular Meeting - Page 89 of 342
vchlist Check List Page: 15
06/29/2022 12:18:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205084 7/5/2022 012135 012135 RAMBOLL US CONSUL TING INC (Continued) Total : 382.50 205085 7/5/2022 005067 ROADLINE 17576 06-009477 OPERATING SUPPLIES 4,030.22 Total: 4,030.22
205086 7/5/2022 013432 ROSEMILLE LOPEZ 013432-042122 05-001905 MONTHLY STIPEND 50.00 013432-051922 05-001905 MONTHLY STIPEND 50.00
Total : 100.00
205087 7/5/2022 000075 S & J SUPPLY CO. S100194733 .001 06-009396 OPERATING SUPPLIES 3,766.56 Total: 3,766 .56
205088 7/5/2022 000519 S&S WORLDWIDE IN101591975 08-004821 OPERATING SUPPLIES 1,124.75 Total : 1,124 .75
205089 7/5/2022 008745 SAN FRANCISCO LAUNDRY 56536 08-004810 OTHER FEE FOR SERVICES 504.34 Total : 504.34
205090 7/5/2022 006772 SEA CLEAR POOL, INC. 22-3553 06-009171 REPAIRS/MAINT-BLDG & EQUIPMENT 328.58 Total : 328.58
205091 7/5/2022 011744 SKILLASTICS 24742 08-004954 OPERATING SUPPLIES 1,649.04 Total : 1,649.04
205092 7/5/2022 005635 SO.COAST AIR QUALITY MGT DIST. 3994184 06-009173 PROF & CONTRACTUAL SERVICES 143.88 Total : 143.88
205093 7/5/2022 009040 STOTZ EQUIPMENT E05014 06-009216 OPERATING SUPPLIES 1,003.22 Total : 1,003.22
205094 7/5/2022 007558 SUBSTANCES CONTROL, DEPARTMENT 21SM4303 11-002110 PROF & CONTRACTUAL SERVICES 163.39 Total : 163.39
205095 7/5/2022 008420 SWANK MOTION PICTURES, INC RG 1889251 08-004755 MOVIE LICENSING FEES 990.00 Total : 990.00
205096 7/5/2022 002938 TAJ OFFICE SUPPLY 01610 06-009218 OFFICE SUPPLIES 348.39 Total : 348.39
Page: 15
City Council Regular Meeting - Page 90 of 342
vchlist Check List Page: 16
06/29/2022 12:18:26PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205097 7/5/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 687163105 06-009140 MATERIALS & SUPPLIES 296.66 687603456 06-009140 MATERIALS & SUPPLIES 84.60
687927384 06-009140 MATERIALS & SUPPLIES 660.40
689158285 06-009140 MATERIALS & SUPPLIES 17.01
689396612 06-009140 MATERIALS & SUPPLIES 218 .87
689641215 06-009140 MATERIALS & SUPPLIES 28.40
689675247 06-009140 MATERIALS & SUPPLIES 184.78
690435847 06-009140 MATERIALS & SUPPLIES 288 .67
690947122 06-009140 MATERIALS & SUPPLIES 176.02
690956180 06-009140 MATERIALS & SUPPLIES 1,040 .74
690956610 06-009140 MATERIALS & SUPPLIES 384.77
691196323 06-009140 MATERIALS & SUPPLIES 199.00
691240394 06-009140 MATERIALS & SUPPLIES 969 .68
691260483 06-009140 MATERIALS & SUPPLIES 722 .05
Total : 5,271.65
205098 7/5/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 687428995 08-004743 MATERIALS & SUPPLIES 110.14 691260483-A 06-009330 MATERIALS & SUPPLIES 722.04
Total : 832.18
205099 7/5/2022 011221 THE KILKENNY GROUP 57-B 01-001675 PROF & CONTRACTUAL SERVICES 4,416.00 Total : 4,416.00
205100 7/5/2022 010467 THE WEBSTAURANT STORE, INC 76062580 08-004955 OPERATING SUPPLIES 508.24 Total : 508.24
205101 7/5/2022 011353 THORNTON, JOHN 011353-060922 TUITION REIMBURSEMENT 1,500.00 Total: 1,500.00
205102 7/5/2022 007742 ULINE, INC . 147231821 06-009220 JANITORIAL SUPPLIES 408.21 149375917 08-004828 JANITORIAL SUPPLIES 453.49
Total : 861.70
205103 7/5/2022 009742 UNI FIRST CORPORATION 3242736243 06-009153 UNIFORM SERVICE 13.72 3242736244 06-009153 UNIFORM SERVICE 58.33
3242736245 06-009153 UNIFORM SERVICE 51 .73
3242736246 06-009153 UNIFORM SERVICE 72.42
Page: 16
City Council Regular Meeting - Page 91 of 342
vchlist Check List Page: 17
06/29/2022 12:18:26PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205103 7/5/2022 009742 UNIFIRST CORPORATION (Continued) 3242736247 06-009153 UNIFORM SERVICE 163.23
3242736248 06-009520 UNIFORM SERVICE 81 .14
3242739582 06-009153 UNIFORM SERVICE 13.72
3242739583 06-009153 UNIFORM SERVICE 55.68
3242739584 06-009153 UNIFORM SERVICE 51 .73
3242739585 06-009153 UNIFORM SERVICE 72.42
3242739586 06-009153 UNIFORM SERVICE 95.74
3242739587 06-009520 UNIFORM SERVICE 81 .14
Total: 811.00
205104 7/5/2022 007734 USA BLUE BOOK 006245 06-009376 SUPPLIES AND MATERIALS 2,392 .89 Total : 2,392.89
205105 7/5/2022 004013 WALTERS WHOLESALE ELECTRIC CO S120836933 .001 06-009377 ELECTRICAL SUPPLIES 597.10 Total: 597.10
205106 7/5/2022 002912 WATERLINE TECHNOLOGIES.INC 5585081 06-009507 OPERATING SUPPLIES 382 .02 5585082 06-009507 OPERATING SUPPLIES 300 .98
5585083 06-009507 OPERATING SUPPLIES 312.56
5585084 06-009507 OPERATING SUPPLIES 254 .68
5586406 06-009507 OPERATING SUPPLIES 231.53
5586407 06-009507 OPERATING SUPPLIES 300.98
5586408 06-009507 OPERATING SUPPLIES 324.14
5586831 06-009507 OPERATING SUPPLIES 615 .86
Total : 2,722.75
205107 7/5/2022 009100 WATERWORKS TECHNOLOGY,INC . 6858 06-009433 PROF & CONTRACTUAL SERVICES 30,838.80 Total: 30,838.80
205108 7/5/2022 001522 WECK LABORATORIES, INC. W2F0893-colynwood 06-009508 ANALYZE WATER SERVICE 100.00 Total: 100.00
103 Vouchers for bank code: apbank Bank total: 1,699,086.00 Page: 17
City Council Regular Meeting - Page 92 of 342
vchlist
06/29/2022
Bank code :

Voucher
205109
205110
205111
205112
2:15:20PM
apbank
Date Vendor
7/5/2022 008889 CASANOVA, JORGE A.
7/5/2022 008802 SANTANA, MARISELA
7/5/2022 008668 SOLACHE, JOSE LUIS
7/5/2022 012692 SOTO, RITA
4 Vouchers for bank code :
4 Vouchers in this report
apbank
FY 2022-2023
Check List
City of Lynwood
Invoice
008889-073122
008802-073122
008668-073122
012692-073122
Page: 18
PO# Description/Account Amount
ELECTRONIC/MEDIA-AUTO EXPENSES 500.00
Total: 500.00
ELECTRONIC/MEDIA-AUTO EXPENSES 500.00
Total: 500.00
ELECTRONIC/MEDIA-AUTO EXPENSES 500.00
Total: 500.00
ELECTRONIC/MEDIA-AUTO EXPENSES 500.00
Total: 500.00
Bank total: 2,000 .00
Total vouchers : 2,000.00
Page: 18
City Council Regular Meeting - Page 93 of 342
RESOLUTION NO. 2022.XXX

Warrant Registers Dated 07-05-2022

PASSED, APPROVED and ADOPTED this 05_th day of JULY_, 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

City Council Regular Meeting - Page 94 of 342

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 05th day of JULY, 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 an d that said Resolution was adopted on the date and by the vote therein stated. Dated this _05 th day of JULY_, 2022.

___________________________
Maria Quiňonez,
City Clerk

City Council Regular Meeting - Page 95 of 342
Agenda Item # 10.

AGENDA STAFF REPORT
DATE:

July 5, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Maria Quinonez, City Clerk
Nancy Blinzler, Office Assistant
Silvia Pineda, Assistant to the City Clerk

SUBJECT:

PREVIOUS MEETING MINUTES
Recommendation:

Staff recommends that the Lynwood City Council approve the following minutes:

Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

N/A
Coordinated With:

City Council Regular Meeting - Page 96 of 342
N/A
ATTACHMENTS:

Description
City Council Regular Closed Session 04/05/22
City Council Regular Meeting 04/05/22
City Council Regular Closed Session 04/19/22
City Council Regular Meeting 04/19/22
City Council Regular Closed Session 05/03/22
City Council Regular Meeting 05/03/22
City Council Regular Meeting 05/17/22
City Council Special Closed Session 06/09/22
City Council Special Meeting 06/09/22
City Council Regular Closed Session 06/21/22
City Council Regular Meeting - Page 97 of 342
1 Lynwood City Council Regular Meeting Closed Session
Meeting Minutes
April 5, 2022

01. CALL TO ORDER
The City Council Regular Meeting Closed Session of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 or W eb Conference via ZOOM - To participate via Zoom or by telephone: -669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238 on the above date at 5:00 p.m.

Meeting called to order at 5:01 p.m.

Mayor Pro Tem Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO

TEM SOLACHE AND MAYOR CASANOVA
ABSENT: COUNCIL MEMBER SOTO – ARRIVED LATE
MAYOR CASANOVA – ARRIVED LATE
STAFF PRESENT:

City Manager Hernandez, City Attorney Tapia, City Treasure Camacho, City Clerk Quinonez.

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
NONE

CLOSED SESSION
The City Attorney Tapia read the City Council into closed session.

04. A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

City Council Regular Meeting - Page 98 of 342
2 Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:

Number of Cases: One (1)

MOTION: It was moved by Council Member Santana, seconded by Council Member Flores to recess to Closed Session. Motion carried Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, MAYOR PRO TEM

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA – ARRIVED LATE
COUNCIL MEMBER SOTO – ARRIVED LATE

The City Council recessed into closed session at 5:03 p.m.

The City Council reconvened into regular session at 6:01 pm.

The City Attorney Tapia reported the following out of closed session:

04. A. City staff made a presentation and City Council provided direction. No final action taken and nothing further to report.

ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Council Member Santana to adjourn the Closed Session meeting. Motion carried by unanimous consent and meeting was adjourned at 6:01 p.m.

______________________ _______________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 99 of 342
1 Lynwood City Council Regular Meeting
Meeting Minutes
April 5, 2022

01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road 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 on the above date at 6:00 p.m.

Meeting called to order at 6:01 p.m.

Mayor Casanova presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO

TEM SOLACHE AND MAYOR CASANOVA
STAFF
PRESENT: City Manager Hernandez, City Attorney Tapia, City Treasurer Camacho, City Clerk Quiňonez

04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Soto.

05. INVOCATION
The invocation was offered by City Clerk Quiňonez.

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

07. COUNCIL RECESS TO:
• Lynwood Housing Authority
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to recess to the Lynwood Housing Authority at 6: 53 p.m. Motion carried by unanimous consent.

City Council Regular Meeting - Page 100 of 342
2 ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

The City Council reconvened to the regular City Council meeting at 6:54 p.m.

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS

Erick Medal submitted a written comment regarding issues with law enforcement.

Joaquin Mesinas commented on Measure R.

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 be removed from the Consent Calendar for separate action.

MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve the consent calendar and receive and file . Motion carried by unanimous consent.

ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

08. APPROVAL OF THE WARRANT REGISTER

Approved and Adopted RESOLUTION NO. 2022.055
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED APRIL 5, 2020

09. PREVIOUS MEETING MINUTES

Approved Meeting Minutes for November 16, 2021 Regular Meeting and Regular Closed Session

City Council Regular Meeting - Page 101 of 342
3 ENTITLED: Meeting Minutes for November 16, 2021 Regular Meeting and November 16, 2021 Regular Closed Session Meeting Minutes

10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING

A SUCCESSION PLAN IN ACCORDANCE WITH THE AUDITOR OF THE STATE OF CALIFORNIA’S AUDIT FINDINGS AND CONCLUSIONS

Approved and Adopted RESOLUTION NO. 2022.056

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ADOPTING A SUCCESSION PLAN IN ACCORDANCE WITH THE AUDITOR OF THE STATE OF CALIFORNIA’S AUDIT FINDINGS AND CONCLUSIONS

11. FISCAL YEAR (FY) 2021-22 MID-YEAR PROPOSED BUDGET ADJUSTMENTS

Approved and Adopted RESOLUTION NO. 2022.057
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FY 2021 -22 MID-YEAR BUDGET ADJUSTMENTS TO AMEND THE FY 2021-22 ADOPTED BUDGET HEREO ATTACHED AS SCHEDULE A

12. FIRST AMENDMENT TO AGREEMENT FOR TEMPORARY STAFFING SERVICES – FINANCE & ADMINISTRATION
Approved and Adopted RESOLUTION NO. 2022.058 AND FIRST AMENDMENT

TO AGREEMENT WITH MV CHENG & ASSOCIATES

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE FIRST AMENDMENT TO THE EXISTING AGREEMENT WITH

MV CHENG & ASSOCIATES

13. APPROVAL TO AMEND THE SCOPE OF WORK ON THE FACILITIES IMPROVEMENT PROJECT (4011.68.069) TO INCLUDE THE PUBLIC WORKS YARD
Approved and Adopted RESOLUTION NO. 2022.059
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE FACILITIES IMPROVEMENTS PROJECT (4011.68.069) TO

INCLUDE THE PUBLIC WORKS YARD

14. ADOPTION OF THE CITYWIDE SPEED ZONE SURVEY AND SPEED LIMIT STUDY (ENGINEERING AND TRAFFIC SURVEY)
Approved and Adopted RESOLUTION NO. 2022.060
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ADOPTING THE CITYWIDE SPEED ZONE SURVEY AND SPEED LIMIT STUDY

City Council Regular Meeting - Page 102 of 342
4 15. PROJECT ACCEPTANCE OF THE CDBG AGNES AVENUE STREET, WATER AND SEWER IMPROVEMENT PROJECT, PROJECT NO. 4011.68.087

Approved and Adopted RESOLUTION NO. 2022.061
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ACCEPTING THE CDBG AGNES AVENUE STREET, WATER, AND SEWER IMPROVEMENT PROJECT, PROJECT NO. 4011.68.087 AS COMPLETE;

AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE

NEW/OLD BUSINESS

16. TRAFFIC SIGNAL AT IMPERIAL HIGHWAY AND RUTH AVENUE

Continued Continue to next meeting

17. INITIAL REVIEW OF AN EMERGENCY ACTION AT WELL NO. 19

MOTION: It was moved by Council Member Flores , seconded by Council Member Santana to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2022.062
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

DELEGATING TO THE CITY MANAGER OR HIS OR HER DESIGNEE UPON

RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS OR CITY

ENGINEER THE AUTHORITY TO ORDER ANY ACTION SPECIFIED UNDER CALIFORNIA PUBLIC CONTRACT CODE SECTION 22050(a)(1) PURSUANT TO SECTION 22050(b) AND APPROVING THE APPROPRIATION OF $440,694 FROM THE 2020 LUA ENTERPRISE REVENUE BOND (6305) TO THE WELL 19

EMERGENCY REHABILITATION PROJECT

18. INITIAL REVIEW OF AN EMERGENCY ACTIONS AT THE NATATORIUM AND APPROPRIATION OF FUNDS APPROVED BY THE CITY COUNCIL ON MARCH 1, 2022

MOTION: It was moved by Council Member Flores , seconded by Council Member Santana to approve staff’s recommendations. Motion carried by 5-0 vote.

City Council Regular Meeting - Page 103 of 342
5 ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Approved and Adopted RESOLUTION NO. 2022.063
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

DELEGATING TO THE CITY MANAGER OR HIS OR HER DESIGNEE UPON

RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS OR CITY

ENGINEER THE AUTHORITY TO ORDER ANY ACTION SPECIFIED UNDER CALIFORNIA PUBLIC CONTRACT CODE 22050 SECTION (a)(1) PURSUANT TO SECTION 22050(b) AND APPROVING THE APPROPRIATION FROM 2019 LEASE REVENUE BONDS (FUND 9055) IN THE AMOUNT OF $3,500,000 AND FROM THE SPECIFIED GRANT FUND IN THE AMOUNT OF $1,500,000 TO THE NATATORIUM

RENOVATIONS AND EMERGENCY REPAIRS PROJECT

19. APPROVE RECOMMENDATION OF A BOND UNDERWRITING FIRM AUTHORIZE

STAFF TO PROCEED WITH THE PROCESS TO REFINANCE THE CITY'S

PENSION DEBT

MOTION: It was moved by Council Member Flores , seconded by Mayor Pro Tem Solache to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Approved Cabrera Capital Markets, LLC as the City's Bond Underwriter

ENTITLED: Authorization from City Council to work with the Cabrera and to proceed with developing a bond transaction. City Council is not currently authorizing the issuance of any securities or obligating the City to incur any expenses at this point. If authorized to proceed tonight, an action item to authorize the issuance of bonds to refinance the Pension Debt and various transaction documents will be brought back to the City Council for its consideration in the near future.

20. CONSIDERATION OF AN ORDINANCE OF THE CITY OF LYNWOOD TO

ESTABLISH CONTRIBUTION LIMITS

MOTION: It was moved by Mayor Pro Tem Solache , seconded by Council Member Flores to approve staff’s recommendations. Motion carried by 5-0 vote.

City Council Regular Meeting - Page 104 of 342
6 ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Ordinance First Reading ORDINANCE NO. 1745 - FIRST READING ENTITLED: 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

21. REVISIONS AND INCORPORATION OF BEST PRACTICES TO THE CODE OF

ETHICS FOR THE CITY OF LYNWOOD IN ORDER TO AFFIRM STABILITY AND

GOOD GOVERNANCE
MOTION: It was moved by Council Member Flores , seconded by Council Member Santana to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Ordinance First Reading ORDINANCE NO. 1746 - FIRST READING

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

22. REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS LOCAL

APPOINTMENT LIST

MOTION: It was moved by Mayor Pro Tem Solache , seconded by Council Member Santana to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

City Council Regular Meeting - Page 105 of 342
7 Approved COUNCIL MEMBER SOTO APPOINTED CHRISTOPHER

ACOSTA TO CDBG AND MAYOR PRO TEM APPOINTED

ROBERT GOMEZ TO PLANNING COMMISSION

ENTITLED: BOARD, COMMISSION AND COMMITTEE MEMBERS LOCAL

APPOINTMENT LIST

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Flores shared that he received a video from Mr. James Bishop regarding the Lynwood Athletics Community Services Program which reflected how their program is expanding. He expressed that he would like to have them present the video at the next Council meeting to showcase their progress to the Community.

Council Member Santana expressed the importance of the speed zone survey that was approved. She then requested that staff make sure that there is enough funding for COVID-19 vaccines and testing, in case that funding from the Federal Government stops. She finished by stating that she is excited to kick off the “Be Kind” campaign.

Council Member Soto acknowledged Autism Awareness activity. She then asked City Manager Hernandez to provide an update on the mental h ealth classes that will be available to the Community.

Mayor Pro Tem Solache did not have any further comments.

Mayor Casanova thanked staff for putting together an outstanding agenda materials for the Council meeting.

STAFF ORAL COMMENTS

City Manager Hernandez indicated that City Council dedicated emergency COVID-19 money for the next 2 years, so that in the event that the County cuts off testing, there will be funds to bring testing to the community.

Director Flores indicated that they have been preparing six independent applications requesting congressional directed spending funds for Fiscal Year 2023, to help renovate the Lynwood City Park and Mega Playground as well as the Skate Park and enhancements of Burke -Ham Park. He then informed the public of the Baseball Opening Day event and the Annual Easter Egg Hunt.

ADJOURNMENT

Having no further discussion, it was moved by Council Member Soto , seconded by Mayor Pro Tem Solache to adjourn the regular Lynwood City Council meeting at 7:22 p.m.

_______________________ ______________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor City Council Regular Meeting - Page 106 of 342
1 Lynwood City Council Regular Meeting Closed Session
Meeting Minutes
April 19, 2022

01. CALL TO ORDER
The City Council Regular Meeting Closed Session of the City of Lynwood met in the Council Chambers, 11350 Bullis Road 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 on the above date at 5:00 p.m.

Meeting called to order at 5:00 p.m.

Mayor Pro Tem Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE

ABSENT: MAYOR CASANOVA – ARRIVED LATE
STAFF PRESENT:

City Manager Hernandez, City Attorney Tapia, and City Clerk Quinonez.

ABSENT: City Treasure Camacho

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

NONE

CLOSED SESSION

The City Attorney Tapia read the City Council into closed session.

04. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION AND

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

City Council Regular Meeting - Page 107 of 342
2 A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Number of Cases: Two (2)

B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Manager

MOTION: It was moved by Council Member Flores, seconded by Council Member Santana to recess to Closed Session. Motion carried by 4-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA – ARRIVED LATE

The City Council recessed into closed session at 5:12 p.m.

The City Council reconvened into regular session at 6:15 pm.

The City Attorney Tapia reported the following out of closed session:

With all five (5) members of the City Council being present met in closed session and discussed the following:

04. A. ANTICIPATED LITIGATION
Case 1 : City staff made a presentation and City Council provided direction. No final action taken and nothing further to report.

Case 2: City staff made a presentation to City Council regarding the construction of Yvonne Burke-John D. Ham Park Playground/Renovation and Council authorized staff to prepare and send a Notice of Termination to the contractor which is Civic Construction. The vote was unanimous.

MOTION: It was moved by Mayor Casanova, seconded by Council Member Santana to authorized City staff to prepare and send a Notice of Termination to the contractor which is Civic Construction. Motion carried by unanimous vote.

City Council Regular Meeting - Page 108 of 342
3 04. B. City staff made a presentation and City Council provided direction. No final action taken and nothing further to report.

ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to adjourn the Closed Session meeting. Motion carried by unanimous 5-0 vote and meeting was adjourned at 6:17 p.m.

______________________ _______________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 109 of 342
1 Lynwood City Council Regular Meeting
Meeting Minutes
April 19, 2022

Meeting called to order at 6:17 p.m.

Mayor Casanova presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, AND MAYOR

PRO TEM SOLACHE
ABSENT: MAYOR CASANOVA – ARRIVED LATE

STAFF
PRESENT: City Manager Hernandez, City Attorney Tapia, City Treasurer Camacho, City Clerk Quiňonez

04. PLEDGE OF ALLEGIANCE
the Pledge of Allegiance was led by Council Member Santana.

05. INVOCATION
The invocation was offered by City Clerk Quiňonez.

06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). • Investment Program Presentation

07. COUNCIL RECESS TO:
• City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency • Lynwood Housing Authority
• Lynwood Public Financing Agency

MOTION: It was moved by Mayor Pro Tem Solache Council Member Santana, seconded by Council Member Santana to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:44 p.m. Motion carried by 5-0 vote.

City Council Regular Meeting - Page 110 of 342
2 ROLLCALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

MOTION: It was moved by Vice Chair Solache, seconded by Commissioner Flores to recess to the Lynwood Housing Authority at 6:47 pm. Motion carried by 5-0 vote.

ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

MOTION: It was moved by Vice President Solache Member Flores, seconded by Member Flores to recess to the Lynwood Public Financing Authority at 6:49 pm.

Motion carried by 5-0 vote.

ROLL CALL:

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

SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

The City Council reconvened to the regular City Council meeting at 6:51 p.m.

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE
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 be removed from the Consent Calendar for separate action.

Council Member Santana requested item 13 be pulled for separate consideration.

City Council Regular Meeting - Page 111 of 342
3 MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve the balance of the consent calendar and to receive and file. Motion carried by 5-0 vote.

ROLLCALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

08. APPROVAL OF THE WARRANT REGISTER

Approved and Adopted RESOLUTION NO. 2022.064

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED APRIL 19, 2022 FOR FY 2021-2022

09. CITY CLERK'S QUARTERLY REPORT

Received and Filed CITY CLERK'S QUARTERLY REPORT

10. TREASURER'S QUARTERLY REPORT

Received and Filed TREASURER'S QUARTERLY REPORT

11. INVESTMENT POLICY CERTIFICATION

Received and Filed INVESTMENT POLICY CERTIFICATION

12. FINANCIAL STATUS REPORT – JANUARY 2022 & FEBRUARY 2022

Received and Filed FINANCIAL STATUS REPORT – JANUARY 2022 AND FEBRUARY 2022

13. APPROVAL OF A COMMERCIAL FACADE GRANT PROGRAM AND ARPA

APPROPRIATION FOR PROGRAM IMPLEMENTATION

MOTION: It was moved by Council Member Santana, seconded by Council Member Flores to approve staff’s recommendations with noted conditions. Motion carried by 5-0 vote.

City Council Regular Meeting - Page 112 of 342
4 ROLLCALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Mayor Casanova, seconded by Mayor Pro Tem Solache to rescind previous motion and open item for continued discussion. Motion carried by 5- 0 vote.

ROLLCALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION: It was moved by Council Member Santana, seconded by Council Member Flores to approve staff recommendation and add a cap to funding at $750,000 and up to $12,000 per business. Motion carried by 5-0 vote.

ROLLCALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2022.065

ENTITLED: A RESOLUTION OF CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A COMMERCIAL FAÇADE GRANT PROGRAM AND THE
APPROPRIATION OF $ 750,000 IN ARPA FUNDING FOR PROGRAM

IMPLEMENTATION

14. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE NATATORIUM

Approved and Adopted RESOLUTION NO. 2022.066

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 ME MBERS, PURSUANT TO PUBLIC CONTRACTCODE SECTION 22050(c)(1) WITH RESPE CT TO THE EMERGENCY

RENOVATIONS AND EMERGENCY REPAIRS AT THE NATATORIUM
City Council Regular Meeting - Page 113 of 342
5 15. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT WELL NO. 19

Approved and Adopted RESOLUTION NO. 2022.067

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 WELL NO. 19

16. PROJECT ACCEPTANCE OF THE ALEXANDER AVENUE, LOUISE STREET, POPE

AVENUE, PENDLETON AVENUE, SEMINOLE AVENUE, AND SHIRLEY AVENUE STREET, WATER AND SEWER IMPROVEMENTS PROJECT, PROJECT NO. 4011.68.088

Approved and Adopted RESOLUTION NO. 2022.068

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ACCEPTING THE ALEXANDER AVENUE, LOUISE STREET, POPE AVENUE,

PENDLETON AVENUE, SEMINOLE AVENUE, AND SHIRLEY AVENUE STREET, WATER, AND SEWER IMPROVEMENT PROJECT, PROJECT NO. 4011.68.088 AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE

17. PROJECT ACCEPTANCE OF THE LYNWOOD ROAD, OLIVE STREET, MCMILLAN

STREET, COOKACRE AVENUE AND RAYBORN STREET, STREET
IMPROVEMENT PROJECT, PROJECT NO. 4011.68.090

Approved and Adopted RESOLUTION NO. 2022.069

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ACCEPTING LYNWOOD ROAD, OLIVE STREET, MCMILLAN STREET,

COOKACRE AVENUE AND RAYBORN STREET, STREET IMPROVEMENT
PROJECT, PROJECT NO. 4011.68.090 AS COMPLETE; AUTHORIZING THE

FILING OF THE NOTICE OF COMPL ETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS

AFTER THE ACCEPTANCE

18. CONSIDERATION OF A RESOULTION PROCLAIMING A LOCAL EMERGENCY,

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR

NEWSOM, FINDING THAT THE PROCLAIMED STATE OF EMERGENCY

CONTINUES TO IMPACT THE ABILITY TO MEET SAFELY IN PERSON, AND

DECLARING THAT THE CITY COUNCIL AND CITY COMMISSIONS AND

COMMITTEES WILL COTINUE TO MEET REMOTELY IN ADHERENECE WITH AB 361 IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC

City Council Regular Meeting - Page 114 of 342
6 Approved and Adopted RESOLUTION NO. 2022.070

ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD PROCLAIMING A

LOCAL EMERGENCY, RATIFYING THE PROCLAMATION OF A STATE OF

EMERGENCY BY GOVERNOR NEWSOM, FINDING THAT THE PROCLAIMED

STATE OF EMERGENCY CONTINUES TO IMPACT THE ABILITY TO MEET

SAFELY IN PERSON, AND DECLARING THAT THE CITY COUNCIL AND CITY

COMMISSIONS AND COMMITTEES WILL CONTINUE TO MEET REMOTELY IN ADHERENCE WITH AB 361 IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC.

New/Old Business

19. COUNCIL DIRECTION TO REPAIR EXISTING SURVEILLANCE CAMERA SYSTEM

OR AQUIRE NEW CAMERA SYSTEM THAT FEEDS TO CENTURY STATION

MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
:

Approved and Adopted RESOLUTION NO. 2022.071

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS FOR A NEW

SURVEILLANCE CAMERA SYSTEM COVERING MAJOR STREET

INTERSECTIONS THAT FEEDS TO CENTURY STATION AND CITY HALL

20. INDEPENDENCE DAY FIREWORKS SHOW – DATE CHANGE AND FIREWORKS

DISPLAY SERVICES CONTRACT

MOTION: It was moved by Council Member Flores, seconded by Council Member Santana to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Approved and Adopted RESOLUTION NO. 2022.072, RESOLUTION NO. 2022.073 and A Professional Services Agreement with
ExpoShows, Inc.

City Council Regular Meeting - Page 115 of 342
7 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING ITS ANNUAL INDEPENDENCE DAY FIREWORKS SHOW EVEN T TO BE SCHEDULED ON JULY 3 OF EACH YEAR. OR A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO NEGOTIATE A THREE -YEAR CONTRACT WITH EXPOSHOWS, INC. FOR FIREWORKS DISPLAY SERVICES IN SUPPORT OF THE CITY’S ANNUAL

INDEPENDENCE DAY FIREWORKS SHOW EVENT

21. APPROVAL OF NON-PROFIT APPLICATIONS FOR THE SALE OF SAFE AND SANE

FIREWORKS
MOTION: It was moved by Council Member Flores, seconded by Council Member Soto to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Approved FOUR (4) QUALIFIED NON-PROFIT APPLICATIONS FOR THE

SALE OF SAFE AND SANE FIREWORKS

22. AMERICAN RESCUE PLAN ACT AP PROPRIATION FOR REPAIRS AT CITY OWNED FIRE STATIONS 147 & 148
MOTION: It was moved by Council Member Flores , seconded by Mayor Pro Tem Solache to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Approved and Adopted RESOLUTION NO. 2022.074

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPROPRATION FROM ARPA FUND (FUND 1055) IN THE AMOUNT OF $337,000 FOR THE REPAIRS AT FIRE STATION 147 AND FIRE STATION 148
City Council Regular Meeting - Page 116 of 342
8 23. CONSIDERATION AND ACCEPTANCE OF THE CITY OF LYNWOOD SPEED HUMP

INSTALLATION POLICY GUIDELINES AND PROCEDURES
MOTION: It was moved by Council Member Flores, seconded by Council Member Soto to approve staff’s recommendations. Motion carried by 5-0 vote.

ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Approved and Adopted RESOLUTION NO. 2022.075

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ACCEPTING THE CITY OF LYNWOOD SPEED HUMP INSTALLATION POLICY

GUIDELINES AND PROCEDURES

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

Council Member Flores requested an update on the City’s time capsule closing and City Manager Hernandez indicated that the time capsule is ready but was waiting on the Mayor’s final approv al of the plaque and stated the location to be utilized is the designated spot approved by Council and described a three -foot base with a former street median entrance sign that will light up “Lynwood” would be positioned on top of the base. He stated that the thought process for completion would not be this weekend but rather the weekend after and noted that if there were any additional items the Council would like to be included in the time capsule that the items should be submitted to staff in City Manager’s office. In addition, he mentioned staff is currently scheduling a date with the contractor and if any council member would like to be present for the activity those details would be provided.

Council Member Flores extended congratulations to Budding A rtists LA based in Lynwood in that the 63 rd Assembly District distinguished the group as the “2022 California Non-Profit” recipient which was announced by Assembly Member Anthony Rendon. In addition, he gave “Kudos” to all of the staff members that contributed to establishing the Farmers Market and for the ir efforts to organize the City’s A nnual Easter Egg Hunt.

Council Member Santana praised Parks and Community Services along with Public Works staff for recent amazing events. She indicated that th e Farmers Market and Easter Festival provided the community with much needed local activities and noted that under the great leadership of City Manager Hernandez embraced the Council’s request to enlarge the City’s community events. She mentioned that remarkable elements such as jumpers, food trucks, arts and crafts, a petting zoo and pony rides were included features. She stated that the activities created very elated residents which contributes to a huge difference in the community.

City Council Regular Meeting - Page 117 of 342
9 Council Mem ber Santana recognized Community Development staff’s endeavor to establish clean -up efforts regarding the business corridor within the outskir ts of the community and noted that staff is addressing parking issues and code violations that directly impact the quality of life for adjacent residents. She conveyed gratitude to her colleagues for approval of the Commercial Facade Program as an opportunity for the City to invest in small businesses, assist with any Covid slump and encourage potential growth in the community. She also acknowledged appreciation of their approval for speed humps policy as a direction to calm traffic in through the City and in residential areas. In conclusion, Council Member Santana thanked Fire Captain Pat Sprengel for his attendance at tonight’s City Council meeting.

Council Member S oto thanked staff for the wonderful events organized for the community. She emphasized the mental health program established for the community and stated that classes have begun for the families and residents. She indicated that she will be following the success of the program closely.

Mayor Pro Tem Solache had no further comments.

Mayor Casanova had no further comments, but thanked Council Member Santana for her comprehensive comments this evening.

STAFF ORAL COMMENTS

City Manager Hernandez addressed Council Member Soto’s comments regarding the mental health workshops and noted that the program started last week then will run for fifteen (15) weeks 10 am to 12 noon with a different topic each week. He indicated that if the program is successful it may be extended to our Senior Center participants.

Director Flores declared that this Saturday Earth Day is being celebrated at Lara Linear Park Community Garden. He stated that it is a free event for the community and will begin at 9 am to 12 noon and will feature a nature walk, a garden planting including a garden planting class, arts and crafts for the kids, music, refreshments and a tree give away by Tree People.

Director Flores was also excited to announce that starting May 2 nd the in -dining program will restart at the Lynwood Senior Community Center and that staff is actively contacting register senior members of the program to inform them that we are resuming in-person dining services.

Director Flores indicated that staff met with representatives from Senator Feinstein’s office to conduct a n overview of a proposal submitted to her office for Congressional discretionary funds to support various projects in our community, namely the Mega Playground Project at the North end of Lynwood City Park and as well as the Skate Park Project at Burke-Ham Park and s tated anticipation to receive positive word on both projects by the end of May.

City Council Regular Meeting - Page 118 of 342
10 ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to adjourn the regular Lynwood City Council meeting at 8:00 p.m.

Maria Quiňonez, City Clerk Jorge Casanova, Mayor

/nb
City Council Regular Meeting - Page 119 of 342
1 Lynwood City Council Regular Meeting Closed Session
Meeting Minutes
May 3, 2022

Meeting called to order at 5:01 p.m.

Mayor Pro Tem Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE

ABSENT: MAYOR CASANOVA
STAFF PRESENT:

City Manager Hernandez, City Attorney Tapia, City Treasure Camacho, and City Clerk Quinonez,

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

NONE

Closed Session
The City Attorney Tapia read the City Council into closed session.

04. A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code section 54956.9(d)(1)

1. Name of Case: 1680 Wright Road LLC v. City of Lynwood, Case No. 19cmcv00348
City Council Regular Meeting - Page 120 of 342
2 B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.8:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property:

Northgate Gonzalez
Assessor Parcel Numbers: 6175-002-001 through 6175-002-005, 6175-002-028, 6175-009-005 through 6175-009-008, 6175-009-025, 6175-003-013 through 6175-003-015, 6175-003-017, 6175-003-018

City Negotiator: City Manager Ernie Hernandez and City Attorney Noel Tapia Under Negotiation: Price and Terms

C. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager

MOTION: It was moved by Council Member Santana , seconded by Council Member Soto to open Closed Session. Motion carried Motion carried by 4-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA

The City Council recessed into closed session at 5:01 p.m.

The City Council reconvened into regular session at 6:00 pm.

The City Attorney Tapia reported the following out of closed session:

With Council Member Flores, Santana, Soto and Mayor Pro Tem Solache of the council present at closed session:

04. A. City staff made a presentation and City Council provided direction. No final action taken and nothing further to report.

04. B. City staff made a presentation and City Council provided direction. No final action taken and nothing further to report.

City Council Regular Meeting - Page 121 of 342
3 04. C. City staff made a presentation and City Council provided direction. No final action taken and nothing further to report.

ADJOURNMENT
Having no further discussion, it was moved by Council Member Santana , seconded by Council Member Soto to adjourn the Closed Session meeting.

Motion carried by unanimous consent and meeting was adjourned at 6:00 p.m.

______________________ _______________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 122 of 342
1 Lynwood City Council Regular Meeting
Meeting Minutes
May 3, 2022

01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road 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 on the above date at 6:00 p.m.

Meeting called to order at 6:00 p.m.

Mayor Pro Tem Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, AND MAYOR

PRO TEM SOLACHE
ABSENT: MAYOR CASANOVA

STAFF: City Manager Hernandez, City Attorney Tapia, City Treasurer Camacho, City Clerk Quiňonez

04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Clerk Quiňonez.

05. INVOCATION
The invocation was offered by City Clerk Quiňonez.

06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)). • City Videos.
• Be Kind Month Proclamation.

07. COUNCIL RECESS TO:
• Lynwood Housing Authority
MOTION: It was moved by Council Member Santana, seconded by Council Member Soto to recess to the Lynwood Housing Authority at 6:35 p.m. Motion carried by 4/0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA
City Council Regular Meeting - Page 123 of 342
2 The City Council reconvened to the regular City Council meeting at 6:36 p.m.

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
JASMIN PALACIOS discussed Los Amigos East Park and requested improvements NANCY ROJO discussed Yvonne Ham Park unfinished construction project DINIXI GUERECA discussed healthcare workers in Lynwood
GIO CEBALLOS discussed parking concerns
ERICK MEDAL - Written Communication regarding law enforcement concerns Public Hearing
MOTION: It was moved by Council Member Santana, seconded by Council Member Soto to open Public Hearing. Motion carried by 4-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA

MOTION: It was moved by Council Member Santana , seconded by Council Member Soto to close Public Hearing. Motion carried by 4-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA

08. CONSIDERATION OF ORDINANCE N O. 1747 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

MOTION: It was moved by Council Member Santana , seconded by Council Member Soto to approve the item. Motion carried by 4-0 vote.

City Council Regular Meeting - Page 124 of 342
3 ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA

Ordinance First Reading ORDINANCE NO. 1747

ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD FORAPPROVAL 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 STRUCTUR E. THE PROPOSED DEVELOPMENT DOMINANTLY FRONTS ON TO the east side of Long Beach Boulevard

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 be removed from the Consent Calendar for separate action.

City Manager and City Attorney pulled item 11 for consideration at a future meeting.

Council Member Flores pulled items 16 and 17 for separation consideration

MOTION: It was moved by Council Member Santana , seconded by Council Member Soto to approve the item. Motion carried by 4-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA

09. APPROVAL OF THE WARRANT REGISTER

Approved and Adopted RESOLUTION NO. 2022.076

ENTITLED: City of Lynwood warrant register dated May 3, 2022 for FY 2021- 2022.

City Council Regular Meeting - Page 125 of 342
4 10. FINANCIAL STATUS REPORT – MARCH 2022

Received and Filed FINANCIAL STATUS REPORT – MARCH 2022

11. RESOLUTION AUTHORIZING THE PURCHASE OF A TRUCK AND SPORTS

FIELD EQUIPMENT

Item pulled by City Manager and City Attorney

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

Approved and Adopted RESOLUTION NO. 2022.077

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

Approved and Adopted RESOLUTION NO. 2022.078

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

Approved and Adopted RESOLUTION NO. 2022.079 AND FOURTH

AMENDMENT TO THE WILLDAN ENGINEERING

AGREEMENT FOR THE DESIGN AND

CONSTRUCTION SUPPORT FOR T HE LYNWOOD

URBAN BIKE TRAIL

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 City Council Regular Meeting - Page 126 of 342
5 Approved and Adopted RESOLUTION NO. 2022.080 AND AMN
MANAGEMENT, INC. AGREEMENT

ENTITLED: A RESOLUTION OF THE CITY C OUNCIL 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

Council Member Flores request to have the ordinance read and City Clerk Quiňonez read the ordinance for the record.

MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to waive second reading and approve the item. Motion carried by 4-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA

Approved and Adopted ORDINANCE NO. 1745

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

Council Member Flores request to have the ordinance read and City Clerk Quiňonez read the ordinance for the record.

MOTION: It was moved by Council Member Flores, seconded by Council Member Santana to approve the item. Motion carried by 4-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO AND MAYOR

PRO TEM SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: MAYOR CASANOVA

City Council Regular Meeting - Page 127 of 342
6 Approved and Adopted ORDINANCE NO. 1746

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 LA ND CARE, INC. 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
Approved and Adopted RESOLUTION NO. 2022.081 and FIRST AMENDMENT

NORTH STAR LAND CARE AGREEMENT

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

Approved and Adopted RESOLUTION NO. 2022.082

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

IMPROVEMENTS PROJECT

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Flores expressed gratitude for the organizations that are bringing energy into our City and recognized Simply Wholehearted Group as a source of great energy for the community. He a lso acknowledge d budding artists that inspire through art and the Lynwood Community Activity Services Group which inspires through sports and mentioned Potters House Church LA partnering bringing energy to our older youth.

Council Member Flores noted how great is it to see folks truly engaged in our community and thanked th e speakers for their public comments at the meeting tonight and stated their viewpoints bring real thought s and awareness to quality of life issues for the community and extended direct open communication with any member of the council.

Council Member Santana expressed thanks to staff for assisting with resources used for the County to utilize space to host Mental Health Workshop Classes offered on Tuesday mornings at the Community Center and noted that each week a different mental health topic is covered. She acknowledged Council Member Soto for City Council Regular Meeting - Page 128 of 342
7 advocating to bring those classes to our community. She specifically praised Parks and Community Services staff for spear heading many of the events this Spring and noted that there were approximately seventeen back to back events scheduled and commended their efforts in organizing to ensure these successful activities for the community. She mentioned Earth Day as a great event and indicated she would like it to be a bigger event and she thanked the Tree People organizers for participating in the Earth Day event and assisting with several tree planting events through the month of April during their commitment to plant 1,000 trees in the City and that the Special Needs event was also a beautiful event. She indicated that plans are being made for the Juneteenth Celebration to be held on front lawn of City Hall on Saturday, June 18th. She expressed gratitude for LA County Supervisor, Janice Hahn’s mobile vaccine van coming to City Hall and stated that there were back to back participants for the vaccine event last Thursday. She also acknowledged the Be Kind Campaign as a successful event and urged everyone to continue displaying a kind attitude.

Council Member Santana responded with appreciation to the public comments and concurred that our parks are high on the priority list along with addressing homelessness issues, public street safety concerns from the auto “burnout events” and “donuts” on our streets and stated that projects are getting done and moving forward with the strong leadership from City Manager Hernandez.

Council Member Soto expressed thanks to everyone for being here to participate in the meeting and praised staff for the beautiful events, especially the amazing Special Needs event. She stated the requests submitted to City Manager Hernandez takes time to process and that the Council continues to address quality of life issues affecting our City to create a community that everyone deserves to live in. She stated that beginning April 12 resident have available free mental health classes and that the Council is committed to address all the needs of our community. She noted that the classes are in Spanish only at this time, but if residents feel the need for English classes it will be looked into, so please call the office.

Mayor Pro Tem Solache acknowledged the community is getting back to normal with activities that included opening the Senior Center lunch program for senior residents.

He indicated that the street improvement projects approved last week and are moving forward involving full reconstruction and s lurry seal phases and stated that it is exciting to see with the big machines out in City -wide stages. He participated in the tree planting event and appreciated thirty-plus Delta Airline employees who volunteered for planting approximately fifteen trees. He also requested volunteers to assist in tree planting activities. He noted an art festival was held at Firebaugh High School and that talented students displayed amazing beautiful artwork.

Mayor Pro Tem Solache recognized representation of the City’s Employee Union speaking out about City employees and mentioned that the City made the employees whole during the pandemic offering good wages and fairness to them thru furloughs and minimizing cuts. He emphasized that the City Council continues to support City employees thru the strong leadership of City Manager Hernandez.

STAFF ORAL COMMENTS
City Council Regular Meeting - Page 129 of 342
8 City Man ager Hernandez addressed Council’s comments and stated that as a testament to the Council’s commitment to the community he had to increase his cell phone minutes to continue the calls for undertaking the many issues Council identifies. He indicated that Mayor Casanova and Council Member Flores participated in an all-day panel interview of candidates for the Sheriff Captain position at the Lynwood Century Station and Captain Edmundo Torres was selected.

He noted that the Mayor is coordinating with Sheriff’s personnel a meet and greet coffee reception at the next council meeting to introduce Captain Torres and congratulate the promotion of Lynwood’s former Captain and now Commander Figueroa.

City Manager Hernandez introduced Harry Wong as the City’s new finance director and noted that he comes most immediately from the City of Monterey Park with many years of technical finance expertise and will bring stability to the City of Lynwood.

Director Wong thanked City Manager Hernandez for the opportunity to serve the great City of Lynwood as the Director of Finance and Administration and stated the he earned his BA in accounting from Cal State Northridge and MBA from UC Irvine.

He indicated his experience included public finance banking and public accounting among which included the position as a senior auditor at Price Waterhouse and Cooper for three years and became a CPA holding his license from 2004. He stated his ten years of financial management experience involves employment with three different municipal governments beginning with the City of Garden Grove as managing general accounting and financial reporting and progressing to the City of Buena Park and the City of Monterey Park. He specified that the past six years had encompassed reporting and budgeting. He expressed that it is a pleasure and honor to serve the council and residents of the City of Lynwood.

City Manager Hernandez stated that the s lurry seal and upcoming L&P for the community will highlight the maps presented two weeks and confirm a very even program throughout the entire City. He indicated that at the next meeting staff will present a resolution regarding some restrictions for water consumption as Lynwood’s water source is 100% ground water supply.

Council Member Santana requeste d to honor Teacher Appreciation Day by identifying Council Member Soto and Treasure Camacho as teachers in our community and to celebrate Mother’s Day this Sunday and wish ed everyone a Happy Mother’s Day.

City Council Regular Meeting - Page 130 of 342
9 ADJOURNMENT

Having no further discussion, it was moved by Council Member Santana, seconded by Council Member Soto to adjourn the regular Lynwood City Council meeting, in memory of Detective Alexis Gonzales City of South Gate and Lynwood Community Advocate Harry Gibbens, Sr., at 7:37 p.m. Motion carried by unanimous consent.

__________________________ ____________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 131 of 342
1 Lynwood City Council Regular Meeting
Meeting Minutes
May 17, 2022

Meeting called to order at 6:01 p.m.

Mayor Casanova presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE

AND MAYOR CASANOVA
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO
STAFF PRESENT:

City Manager Hernandez, City Attorney Tapia, City Treasurer Camacho, City Clerk Quiňonez.

04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Council Member Flores.

05. INVOCATION
The invocation was offered by City Clerk Quiňonez.

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

07. COUNCIL RECESS TO:
• City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency
• Lynwood Housing Authority
• Lynwood Public Financing Agency
City Council Regular Meeting - Page 132 of 342
2 MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to recess to the Lynwood Successor Agency at 7:13 pm. Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO

MOTION: It was moved by Vice Chair Solache, seconded by Commissioner Flores to recess to the Lynwood Housing Authority at 7:14 pm. Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO

MOTION: It was moved by Vice President Solache Member Flores, seconded by Member Flores to recess to the Lynwood Public Financing Authority at 7:16 pm.

Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO
The City Council reconvened to the regular City Council meeting at 7:40 p.m.

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE

PUBLIC HEARING
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Mayor Casanova to open Public Hearing. Motion carried Motion carried by 3-0 vote.

City Council Regular Meeting - Page 133 of 342
3 ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO

MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to close Public Hearing. Motion carried Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO

08. FISCAL YEAR 2022-23 ANNUAL ACTION PLAN

MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve Fiscal Year 2022 -23 Annual Action Plan . Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO

Approved FISCAL YEAR 2022-23 ANNUAL ACTION PLAN

ENTITLED: FISCAL YEAR 2022-23 ANNUAL ACTION PLAN

CONSENT CALENDAR

Council Member Flores requested item 12 be pulled for separate consideration.

MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem Solache to approve the balance of the consent calendar. Motion carried by 3 -0 vote.

City Council Regular Meeting - Page 134 of 342
4 ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO

09. APPROVAL OF THE WARRANT REGISTER

Approved and Adopted RESOLUTION NO. 2022.083

ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED MAY 17, 2020

10. TREASURER'S MONTHLY INVESTMENT REPORT
Received and Filed TREASURER'S MONTHLY INVESTMENT REPORT ENTITLED: TREASURER'S MONTHLY INVESTMENT REPORT

11. FINANCIAL STATUS REPORT – APRIL 2022
Received and Filed FINANCIAL STATUS REPORT – APRIL 2022 ENTITLED: FINANCIAL STATUS REPORT – APRIL 2022

12. APPROVING PENSION UNFUNDED ACCRUED LIABILITY (“UAL”) REFINANCE

WITH THE ISSUANCE OF LEASE REVENUE BONDS BY THE LYNWOOD PUBLIC FINANCING AUTHORITY IN MAXIMUM AMOUNT OF $50,000,000 (FEDERALLY TAXABLE); APPROVING, AUTHORIZING AND DIRECTING

EXECUTION OF CERTAIN LEASE

MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to close Public Hearing. Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO
Approved and Adopted RESOLUTION NO. 2022.084

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD APPROVING THE ISSUANCE OF LEASE REVENUE BONDS BY City Council Regular Meeting - Page 135 of 342
5 THE LYNWOOD PUBLIC FINANCING AUTHORITY, APPROVING,

AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE

FINANCING DOCUMENTS AND DIRECTING CERTAIN RELATED ACTIONS

13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

ADOPTING A STEP PLACEMENT AND SALARY SETTING POLICY IN
ACCORDANCE WITH THE AUDITOR OF THE STATE OF CALIFORNIA’S AUDIT FINDINGS AND CONCLUSIONS.

Approved and Adopted RESOLUTION NO. 2022.085

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD ADOPTING A STEP PLACEMENT AND SALARY SETTING POLICY IN ACCORDANCE WITH THE AUDITOR OF THE STATE OF CALIFORNIA’S AUDIT FINDINGS AND CONCLUSIONS.

14. AUTHORIZING THE PROCUREMENT OF CITY FLEET VEHICLES AND

SPORTS FIELD EQUIPMENT

Approved and Adopted RESOLUTON NO. 2022.086
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD APPROVING THE PURCHASE OR LEASE OF CITY FLEET

VEHICLES AND SP ORTS FIELD EQUIPMENT AS DETERMINED

APPROPRIATE BY THE CITY MANAGER FOR CITY OPERATIONS

15. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT WELL NO. 1

Approved and Adopted RESOLUTION NO. 2022.087

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD FINDING THAT THERE IS A NEED TO CONTIN UE 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.

16. CONTINUATION OF AN EMERGENCY ACTION PER PUBLIC CONTRACT CODE SECTION 22050 FOR THE EMERGENCY ACTION AT THE

NATATORIUM

Approved and Adopted RESOLUTION NO. 2022.088

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 AT THE NATATORIUM City Council Regular Meeting - Page 136 of 342
6 17. CONSIDERATION OF A RESOULTION PROCLAIMING A LOCAL EMERGENCY,

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY

GOVERNOR NEWSOM, FINDING THAT THE PROCLAIMED STATE OF

EMERGENCY CONTINUES TO IMPACT THE ABILIT Y TO MEET SAFELY IN

PERSON, AND DECLARING THAT THE CITY COUNCIL AND CITY

COMMISSIONS AND COMMITTEES WILL CONTINUE TO MEET REMOTELY IN ADHERENCE WITH AB 361 IN ORDER TO ENSURE THE HE ALTH AND

SAFETY OF THE PUBLIC

Approved and Adopted RESOLUTION NO. 2022.089

ENTITLED: A Resolution Proclaiming a Local Emergency, Ratifying the Proclamation of a State of Emergency by Governor Newsom, finding that the Proclaimed State of Emergency Continues to Impact the Ability to Meet Safely in Person, and Declaring that the City Council and City Commissions and Committees Will Continue to Meet Remotely in Adherence with AB 361 in Order to Ensure the Health and Safety of the Public

NEW/OLD BUSINESS

18. AWARD OF CONTRACT AND APPROVAL TO FS CONTRACTORS, INC. FOR

THE SIDEWALK IMPROVEMENT PROJECT AT WRIGHT ROAD FROM
FERNWOOD AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK IMPROVEMENT PROJECT FY22/FY23 PROJECT (CIP 4011.68.022)

MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem Solache to approve the award of contract to FS Contractors, Inc. Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO
Approved and Adopted RESOLUTION NO. 2022.090 AND A CONTRACT WITH FS CONTRACTORS, INC.

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO FS Contractors, Inc. AS THE LOWEST RESPONSIBLE BIDDER, IN THE Amount OF $556,090 FOR THE

SIDEWALK IMPROVEMENT PROJECT WRIGHT ROAD FROM FERNWOOD
AVE TO DUNCAN AVE AND CITYWIDE PRIORITY 1 SIDEWALK
IMPROVEMENT PROJECT FY22/FY23 PROJECT (sidewalk and wheelchair ramp repairs-CIP 4011.68.022); AUTHORIZING THE MAYOR TO EXECUTE THE City Council Regular Meeting - Page 137 of 342
7 AGREEMENT; APPROVING TO REDUCE THE PROJECT BUDGET FOR THE

ALEXANDER AVENUE, LOUISE STREET, POPE AVENUE, PENDLETON

AVENUE, SEMINOLE AVENUE, AND SHIRLEY AVENUE STREET, WATER, AND SEWER IMPROVEMEN T PROJECT (CIP 4011.68.088) IN THE AMOUNT OF $150,000 AND APPROPRIATING SAID AMOUNT OF $150,000 FROM THE MEASURE M BOND (FUND 2357) TO THE SIDEWALK AND WHEEL CHAIR RAMP REPAIRS–CIP 4011.68.022)

19. AWARD OF CONTRACT AND APPROVAL TO HARDY AND HARPER, INC. FOR THE SAN CARLOS AVE., SAN JUAN AVE., SAN LUIS AVE., SAN VICENTE AVE., THORSON AVE., AND ALVADA ST. STREET IMPROVEMENT PROJECT (CDBG FUNDED PROJECT NO:4011.68.103)

MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem Solache to approve the award of contract Hardy and Hardy, Inc. Motion carried by 3-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, MAYOR PRO TEM SOLACHE AND

MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS SANTANA AND SOTO
Approved and Adopted RESOLUTION NO. 2022.091 AND A CONTRACT WITH HARDY AND HARPER, INC.

ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO HARDY AND HARPER, INC. AS THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $650,000 FOR THE

SAN CARLOS AVENUE, SAN JUAN AVENUE, SAN LUIS AVENUE, SAN

VICENTE AVENUE, ALVADA STREET AND THORSON AVENUE STREET IMPROVEMENT PROJECT ( CDBG FUNDED PROJECT NO:4011.68.103); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND

AUTHORIZING AN APPROPRIATION AND BUDGET IN THE AMOUNT OF $737,317 FOR THE PROJECT

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

Council Member Flores expressed his concern for followed up details on staff’s response in addressing a resident’s request for installation of stop signs to be provided at an intersection. He also mentioned the City’s 5K Run coming up this weekend and indicated his support for the event.

He acknowledged the residents’ comments expressed at this meeting and affirmed that all members of the City Council have respectfully listened and that the Council as a group and also on an individual member basis will continue to listen to the community no matter the subject content; however, he stressed the importance of City Council Regular Meeting - Page 138 of 342
8 kindness and an approach that should be in the best interest for the community and not be mean spirited.

He noted that he heard many things today like “lining my pockets”, “insurrection”, “out to get that money”, and that someone even said that this ordinance was an adopted ordinance already ; which is all very untrue. Council Member Flores indicated that he certainly did not get involved as a council member for some crazy pay, but rather revealed he ran for City Council out of frustration in that things were not moving at a sufficient pace to meet the needs of our community; particularly in his personal observation that the City parks needed more consideration and felt his participation in local government would contribute to developing progress toward much needed park improvements . He then suggested that residents request available documents that would clarify many concerns and enable the community to feel secure that the City Council is conducting City business that is the best for our community. He emphasized the success of good communications and engagement with truths as super important components to achieve movement forward and highly recommended researching the facts before making public comments.

Council Member Flores added to the Mayor’s comments regarding the recent conferences that council members attended in that people are complementing the City of Lynwood as a forward moving progressive community with strong leadership and stated that people want to come to do business here in Lynwood. He asserted that people are listening to us, wanting to do business with us, wanting to entertain us in meetings as we strive to serve our community with emotional intelligence. He said that it is a shame that one of the comment s about “lining pockets” was made by the same person who voted for an increase in their salary when they served in City Council.

In his closing remark, Council Member Flores again confirmed council members are open for conversations and are easy to reach and indicated he is on Instagram and would be happy to have conversations with anyone regarding their concerns.

Mayor Pro Tem Solache acknowledged and thanked the thousands of supporters who elected him in 2018 and 2013. He also confirmed his respect for every single speaker who came forward to express comments at this meeting and professed his full attention to those comments even though not agreeing one hundred percent.

He noted that when he was Mayor he would let people know that whatever is said at the dais is public opinion and stated that if residents have concerns the City’s official records are held at the City Clerk’s office for review , which comes in-line with Council Member Flores’ advice to request available documents that would clarify many concerns and enable the community to feel secure that the City Council is conducting City business that is the best for our com munity. He also reconfirmed the responsibility to continue to listen to the community whether agreeing or disagreeing.

City Council Regular Meeting - Page 139 of 342
9 Mayor Pro Tem Solache explained that attending Lynwood community events and functions allows the ability to connect with the community, hear their concerns and share words and stated he will continue to be at those activities to listen to the residents of Lynwood and ensure that staff and Council will work together as a team to deliver results for the residents and address their concerns, to trim the trees, to repair the streets and sidewalks and stay focused to ensure public safety by working closely with the Fire Chief and Sherriff’s Department law enforcement officers under Captain Torres. He admitted that he is not able to make every single person happy, but voiced the objective to be respectful of anyone regardless of their opinion whether agreeing or disagreeing as his parents taught him manners and to be respectful to others. He stated that during Lynwood’s Month of Kindness Council Member Santana has made i t known that it is our job to promote more kindness and indicated that at a future time he will be forthcoming with an appropriate statement.

Mayor Pro Tem Solache closed his oral comments stating the Council’s priority is to remain focused on viable issues that impact the quality of life for Lynwood residents. He thanked his colleagues for continuing to support items that encompass the ever changing needs of community and noted that individually all five council members have a different voice. He praised Lynwood’s civic leaders for their years of service noting that Ms. Santana has serve d over 20 years as a journalist and community advocate; Mr. Flores brings leadership spanning almost 32 years of public service; and that Mr. Casanova balances his business schedule with his civic duties. He stated that all the council members bring different qualities to the dais and acknowledged that he certainly is not perfect but he completely respects the public opinions voiced tonight and applauds the open dialog, but also for the record wanted to state that he has a regular job and noted that his work history began as a youth at the age of thirteen with his first employment involving a project impact in the City of Lynwood which entailed five (5) Saturdays in which he walked Bullis Road to Euclid and all the way down to Tweedy with a shovel or a broom to clear areas and was paid $50 for each of those Saturday s, he also stated that as a student worked at McDonalds and a couple of summers at Hub Cities, and thirteen years at a non-profit organization and now running a Chamber of Commerce and is proud of his day job and in fact benefits from two incomes with his partner. He continued in complementing all staff members, City Manager, City Attorney and department heads and noted that it is a pleasure to work with the expertise they bring to the City of Lynwood as we are #hashtag we are Lynwood.

Mayor Casanova agreed with his colleagues’ comments and acknowledged that our work speaks for itself and noted that many in the community have expressed that we can keep our heads up high. He then expressed his excitement for the camping trip scheduled this weekend and the opportunity to interact with the youth from the community and was especially looking forward to being in the mountains and to enjoy hiking with our young residents as a part of the program.

City Council Regular Meeting - Page 140 of 342
10 He closed his comments in stating that results are what really matters and extended thanks to his colleagues’ for the outstanding leadership that Lynwood has now and noted that others look up to this leadership . Mayor Casanova expressed appreciativeness for City Manager Hernandez presence alongside the council members participating in conferences and that he was looking forward to the next council meeting.

STAFF ORAL COMMENTS

City Manager Hernandez commented that he appreciates the management team at Lynwood and specified that this council is focused and displays dedication to the community. He made known his exceptional experience of over 20 years in municipality management and stated that success only thrives under strong leadership. He acknowledged that council members have to make tuff decisi ons that do not please everyone and commended the City Council’s priority to remain focused on viable issues , whether it would be consideration of floating debt or to paying long term financial stability and stated that not all folks are going to be in agreement with the decisions made and asserted that they are entitled to their opinions. City Manager Hernandez expressed that Lynwood is a strong leader in the region which has been achieved through outstanding leadership at the council level.

He enthusiastically stated that he received notification that we have received 400 registrations for Lynwood’s 5K Run and revealed that he is looking to create a team and requested Director Flores to provide an update of the event.

Director Mark Flores provided a detailed update of the City’s activities scheduled for this weekend beginning with the 3-day and 2-night annual camping trip to Pali Mountain and noted it is completely sold out. He indicated that on Saturday the Dodgers’ Foundation is sponsoring a player feast program hosting over 500 kids with a full day of activities planned for them including pictures with World Series Trophy and player autographs and free Dodger Dogs for the kids and their family members.

He stated that the 5K Run is scheduled for this Saturday and staff is looking forward to hosting 500 participants and noted that the highlight of the event will be a t the end of the rac e raffle auction of the car that is parked in front of City Hall approximately at 10:30 am or 11:00 am. He explained that raffle will b enefit scholarships and education programs for Lynwood students.

John Yoni provided comments regarding a fairly large special event request from Guatemala County Fair to use selected areas of Lynwood City Park for a public cultural festival proposed to be held on June 25 and 26, 2022. He indicated the event will feature cultural food and entertainment with event proceeds being used to pay for event and City costs. He indicated the item will be presented at Council June 7th meeting.

City Council Regular Meeting - Page 141 of 342
11 ADJOURNMENT

Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to adjourn the regular Lynwood City Council meeting, in memory of Rachel Chaves, 24-year Lynwood School Board Member, at 8:41 p.m.

Motion carried by unanimous consent.

______________________ ____________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 142 of 342
1 Lynwood City Council Special Meeting Closed Session
Meeting Minutes
June 9, 2022

01. CALL TO ORDER
The City Council Special Meeting Closed Session of the City of Lynwood met in the Council Chambers, 11350 Bullis Road 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 on the above date at 5:30 p.m.

Meeting called to order at 5:30 p.m.

Mayor Pro Tem Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO

TEM SOLACHE AND MAYOR CASANOVA ARRIVED LATE
STAFF PRESENT:

City Manager Hernandez, City Attorney Tapia, City Treasure Camacho, City Clerk Quinonez, Interim Community Development Director Yonai, Finance and Administration Director Wong and Recreation Director Flores

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE

CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

NONE

CLOSED SSESSION
The City Attorney read the City Council into closed session.

04. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
City Council Regular Meeting - Page 143 of 342
2 Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:

Number of Cases: One (1)

MOTION: It was moved by Council Member Flores, seconded by Council Member Soto to recess to Closed Session. Motion carried Motion carried by 5-0 vote.

ROLL CALL:

AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE and MAYOR CASANOVA ARRIVED LATE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

The City Council recessed into closed session at 5:32 p.m.

The City Council reconvened into regular session at 6:02 pm.

The City Attorney Tapia reported the following out of closed session:

With Five (5) Council Members present at closed session:

04. A. City staff made a presentation and City Council provided direction. No final action taken and nothing further to report.

ADJOURNMENT
Having no further discussion, it was moved by Council Member Santana, seconded by Mayor Pro Tem Solache to adjourn the Closed Session meeting. Motion carried by unanimous consent and meeting was adjourned at 6:02 p.m.

______________________ _______________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 144 of 342
1 Lynwood City Council Special Meeting
Meeting Minutes
June 9, 2022

01. CALL TO ORDER
The City Council Special Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road 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 on the above date at 6:00 p.m.

Meeting called to order at 6:02 p.m.

Mayor Casanova presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO

TEM SOLACHE AND MAYOR CASANOVA

ABSENT: NONE
STAFF City Manager Hernandez, City Attorney Tapia, City Treasurer PRESENT: Camacho, City Clerk Quiňonez

04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Council Member Soto.

05. INVOCATION
The invocation was offered by City Clerk Quiňonez.

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

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Estrella Galindo and Cheryl Norale r made a presentation on item 8, Guatemala County Fair to rent Lynwood City Park for a cultural festival.

City Council Regular Meeting - Page 145 of 342
2 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 be removed from the Consent Calendar for separate action.

MOTION: It was moved by Council Member Flores, seconded by Council Member Santana to approve the consent calendar. Motion carried by unanimous consent.

ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

07. APPROVAL OF THE WARRANT REGISTER

Approved and Adopted RESOLUTION NO. 2022.092
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED JUNE 9, 2022
New/Old Business

08. REQUEST FROM GUATEMALA COUNTY FAIR TO RENT LYNWOOD CITY

PARK FOR A CULTURAL FESTIVAL

MOTION: It was moved by Mayor Pro Tem Solache , seconded by Council Member Santana to approve the item subject to reasonable conditions set by staff.

Motion carried by unanimous consent.

ROLL CALL:

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

TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

09. APPROVAL OF SPECIAL PERMIT FOR MASSAGE THERAPY

City Manager Hernandez requested item to be continued to next meeting.

City Council Regular Meeting - Page 146 of 342
3 CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

Council Member Flores stated he is looking forward to the events scheduled for this weekend.

Council Member Santana indicated that she will be attending the Arts, Books and Culture ABC Festival this Saturday, June 11 at the Lynwood Library . She mentioned that award authors Cecelia Caballero, (“Lavender Little Girl” and “Little Blue Guitar”) and Sandra Gonzalez, author and founder of Skillful & Soulful Press will be there and specifically noted that a special presentation will be made by Marcio Sanchez, Lynwood’s Pulitzer Prize winning photographer. She encouraged all to attend as the event will feature author readings, artisan vendors, live music and dance performances, art and photography exhibits and food trucks.

Council Member Soto thanked everyone for their participation in the meeting and welcomed the Guatemala event to Lynwood.

Mayor Pro Tem Solache congratulated Lynwood graduating classes of 2022 and student promotions and on a more serious matter he stated that 25-year-old Whittier Police Officer Lanell Whitfield, who was also a graduate from Lynwood, lost his life on Saturday after being involved in a traffic collision in City and expressed his desire to close tonight’s meeting in his memory.

Mayor Casanova expressed thanks to Council Member Santana for her support to Lynwood’s Arts, Books and Culture Event and commended the occasion as an opportunity to al low kids to express themselves . He requested that Code Enforcement to vigorously address parking violat ions and red curb painting be completed.

STAFF ORAL COMMENTS

Recreation and Community Services Director Flores provided an update on community events:
1) Juneteenth Celebration scheduled for Saturday, June 18 10:30am – 3:00 pm City Hall Lawn with live music, vendors, family games and food trucks 2) Summer movies in the park Friday, June 17 at 7:30 movie at sundown location Soccer Fields
3) Fireworks Show Sunday, July 3, show starts at 2:00 pm at Lynwood City Park which will feature fireworks show, food trucks, live entertainment, bounce house, lawn games and vendors

Interim Community Development Director John Yonai expressed consideration for parking enforcement issues during upcoming events.

City Council Regular Meeting - Page 147 of 342
4 ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Mayor Casanova to adjourn the special Lynwood City Council meeting in memory of Whittier Police Officer Lanell Whitfield at 6:57 p.m. Motion carried by unanimous consent.

______________________ ______________________
Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 148 of 342
1 Lynwood City Council Regular Meeting Closed Session
Meeting Minutes
June 21, 2022

Meeting called to order at 5:02 p.m.

Mayor Pro Tem, Solache presiding.

02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quinonez announced the Agenda had been duly posted in accordance with the Brown Act.

03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SOTO AND MAYOR PRO TEM

SOLACHER CASANOVA
ABSENCE: COUNCIL MEMBER SANTANA AND MAYOR CASANOVA
Mayor Pro Tem Solache indicated that Mayor Casanova will arrive late.

STAFF PRESENT:

City Manager Hernandez, City Attorney Tapia, City Treasure Camacho, City Clerk Quinonez, Interim Community Development Director Yonai, Human Resources Director Matson, and Technology Director Han.

04. PLEDGE OF ALLEGIANCE – Deferred to Regular Meeting

PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE

NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE
Closed Session

05. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION AND PUBLIC
Mayor Pro Tem Solache requested City Attorney Tapia to read City Council into closed session.

The City Attorney Tapia read the City Council into closed session.

City Council Regular Meeting - Page 149 of 342
2 A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Number of Cases: One (1)

B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Government Code section 54956.9(d)(1) 1.

Name of Case: 11680 Wright Road LLC v. City of Lynwood, Case No. 19cmcv00348

C. With respect to every item of bus iness to be discussed in closed session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager

MOTION: It was moved by Council Member Flores , seconded by Council Member Soto to open Closed Session. Motion carried by 3-0 vote.

AYES: COUNCIL MEMBERS FLORES, SOTO AND MAYOR PRO TEM

SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBER SANTANA AND MAYOR CASANOVA

The City Council recessed into closed session at 5:05 p.m.

The City Council reconvened into regular session at 6:04 p.m.

Mayor Casanova requested City Attorney Tapia to read City Council back into regular session.

The City Attorney Tapia reported on the following items out of closed session:

With all five (5) members o f City Council being present the City Council met in closed session to discuss the following items:

With respect to item 5A: City staff made a presentation, City Council provided feedback and no final reportable action was taken.

With respect to item 5B: City Council met on May 3rd 2022 in closed session to consider a settlement proposal of 11680 Wight Road, LLC v. City of Lynwood litigation and the City Council voted unanimously to approve a City Council Regular Meeting - Page 150 of 342
3 settlement agreement. That settlement agreement has been executed by all parties, litigation involves a claim by a property owner of inverse condemnation property rights. The settlement agreement will be on record with the City Clerk. The case has been settled unanimously by the City Council.

With respect to item 5C: City staff made a presentation, City Council provided feedback and no final reportable action was taken.

The City Attorney Tapia indicated completion of his report out of closed session.

Mayor Casanova requested a motion to adjourn closed session.

MOTION: It was moved by Council Member Soto, seconded by Mayor Pro Tem Solache to adjourn closed session. Motion carried by 5-0 vote.

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

TEM SOLACHE AND MAYOR CASNOVA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

Mayor Casanova announced for the record that Council Member Santana and himself were present in closed session.

ADJOURNMENT
Having no further discussion, it was moved by Council Member Soto seconded by Mayor Pro Tem Solache to adjourn the Closed Session meeting. Motion carried by unanimous consent and meeting was adjourned at 6:05 p.m.

______________________ _______________________ Maria Quiňonez, City Clerk Jorge Casanova, Mayor

City Council Regular Meeting - Page 151 of 342
Agenda Item # 11.

AGENDA STAFF REPORT
DATE:

July 5, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Gabriela Camacho, City Treasurer
Sheila Harding, Deputy City Treasurer

SUBJECT:

TREASURER'S INVESTMENTS
Recommendation:

City Treasurer and staff respectively recommends City Council to adopt the attached resolution entitled "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO AUTHORIZE THE TRANSFER

OF THE IDLE CASH FROM THE GENERAL ACCOUNT IN THE AMOUNT OF TWENTY MILLION TO FHN MAIN STREET FINANCIAL SERVICES. TO GENERATE PROFIT IN THE FORM OF INVESTMENTS.

Background:

The City Council delegated by resolution, the authority to invest to the City Treasurer hereinafter referred to as “Treasurer,” subject to the limitations set forth in the Investment Policy. Be cause investment markets are evolving
at an increasingly faster rate, the treasurer sought the approval from the City Council to hire industry experts to handle the day-to-day investments and to help develop, update and/or revise Investment Practices and Procedures.

The overall investment objective of the portfolio is to maximize the return on invested assets while minimizing risk and expenses, through prudent investing and diversification.

The City is held to the prudent investor standard set forth in Government Code Section 53600. 3 which states:
"When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.".

The investment of public funds is driven by three primary objectives as prescribed by Government Code Section 53600.5. Local agencies must first safeguard the principal invested, then meet the liquidity needs of the agency, and, finally, achieve a return. While safety and liquidity is the primary considerations when structuring an investment City Council Regular Meeting - Page 152 of 342
portfolio, yield or return remains an important factor.

Discussion and Analysis:

The City Treasurer respectfully request the City Council of the City of Lynwood authorize the transfer of idle cash from the general account to FHN to invest in more suitable premium securities. Investing an additional twenty million will allow FHN to lock in higher interest rates, to generate higher earnings by investing the idle cash that is held in the general account or that is not otherwise dedicate to a specific purpose. If approved, FHN will look at investing along the 0-5 year area, with a greater portion of the investments allocated towards the September November time frame when the City has larger cash outflows.

As of May 31, 2022, the balance in the City’s general account was $45 million and although it is imperative to hold some amount of cash idle to pay for regular expenses and unforeseen expenses, prudent investing is not to hold too much cash as idle.

The balance in the general account on May 31, 2022, totaled $45,083,259. This fiscal year, the general account has received a total of $121,597,415 in revenue and a spent a total of $88,341,446 in expenditures. An average expenditure of
8,137,664.89 per month. The idle balance is not
dedicate to a specific purpose and due to inflation;
it is losing its value.

The chart below shows the monthly balances held in the City’s general account for fiscal year 2021 and 2022.

Month
Revenue
Expenditures
Balance
21-Jul
$ 9,203,636.36
$ 15,064,390.25
$ 5,966,536.90
21-Aug
$ 20,644,663.10
$ 9,124,187.15
$ 17,487,012.85
21-Sep
$ 4,443,535.70
$ 4,167,101.09
$ 17,763,447.46
21-Oct
$ 5,514,713.35
$ 6,416,494.69
$ 16,861,666.12
21-Nov
$ 15,734,219.57
$ 4,889,470.59
$ 27,706,415.10
21-Dec
$ 10,051,845.58
$ 9,164,345.54
$ 28,593,915.14
22-Jan
$ 10,539,605.39
$ 4,226,679.48
$ 34,906,841.05
22-Feb
$ 19,385,751.89
$ 18,857,510.33
$ 35,435,082.61
22-Mar
$ 7,258,041.42
$ 5,349,898.13
$ 37,343,225.90
22-Apr
$ 8,057,140.04
$ 4,731,850.21
$ 40,668,515.73
22-May
$ 10,764,262.64
$ 6,349,519.09
$ 45,083,259.28
22-Jun

PENDING

PENDING
$ 45,083,259.28
TOTAL
$ 121,597,415.04
$ 88,341,446.55
Month
Revenue
Expenditures
Balance
20-Jul
$ 4,149,894.00
$ 8,170,598.20
$ 8,511,482.53
20-Aug
$ 5,485,726.32
$ 5,625,150.76
$ 8,372,058.09
20-Sep
$ 4,483,873.59
$ 6,179,051.73
$ 6,676,879.95
20-Oct
$ 6,018,685.12
$ 4,264,876.68
$ 8,430,688.39
20-Nov
$ 9,147,489.52
$ 10,895,425.94
$ 6,682,751.97
20-Dec
$ 7,162,701.54
$ 5,249,087.17
$ 8,596,366.34
21-Jan
$ 9,197,182.07
$ 5,663,439.13
$ 12,130,109.28
21-Feb
$ 5,987,109.96
$ 8,969,871.13
$ 9,147,348.11
21-Mar
$ 4,911,420.49
$ 7,556,052.34
$ 6,502,716.26
21-Apr
$ 9,072,622.58
$ 6,023,315.66
$ 9,552,023.18
21-May
$ 9,942,267.35
$ 6,063,116.89
$ 13,431,173.64
21-Jun
$ 5,201,244.35
$ 6,805,127.20
$ 11,827,290.79
TOTAL
$ 80,760,216.89
$ 81,465,112.83

Holding idle cash become all more dangerous at a time of inflation, because the longer we hold idle funds, the less it is worth.

When inflation is rising, idle funds are in effect losing value, as they are not even growing at the pace of rising costs.

Not investing idle cash is a missed opportunity since the funds do not appreciate and do not City Council Regular Meeting - Page 153 of 342
participate in the economic markets.

FHN recommends instead of keeping so much of the City’s money liquid it would be prudent to invest the idle cash in suitable premium securities to receive a higher yield. Currently the interest received from the investments held by FHN are reinvested. Using a ladder investment approach to allocate portions of the City’s total investment and staggering maturity dates so that each portion of the portfolio matures at regular intervals. This investment strategy allows the City to receive the benefit of earning the higher interest rates of longer-term investments while still enjoying some liquidity. Each rung of the ladder represents a specific maturity date. The more “rungs” used the more reduced exposure to interest rate fluctuations, and thus potentially earn higher than average yields. This strategy also,
help avoid significant income loss due to changes in interest rates. Investing funds to specific dates will ensure increase investment income over the long run.

When i
nflation is increasing (or rising prices), the return on a bond is reduced in real terms, meaning adjusted for inflation. The annual inflation rate in the US accelerated to 8.6% in May 2022, the highest since December 1981.

The pandemic and the war in Ukraine is affecting the U.S. economy through record high gas prices, cost of food, and rising deficits.

The Chart below shows how inflation has affect the amount of interest received on the City’s investments and how Inflation erodes the purchasing power of a bond's future cash flows.

MONTH
2019-2020
2020-2021
2021-2022
JULY
$ 65,505.78
$ 35,201.75
$ 20,823.53
AUG
$ 63,191.23
$ 31,013.87
$ 21,662.04

SEPTEMBER
$ 58,511.46
$ 28,707.23
$ 20,347.55

OCTOBER
$ 57,928.59
$ 28,112.03
$ 19,096.57

NOVEMBER
$ 54,001.70
$ 26,928.54
$ 18,555.52

DECEMBER
$ 51,840.92
$ 26,551.71
$ 17,907.44

JANUARY
$ 49,953.12
$ 25,693.67
$ 18,326.44

FEBRUARY
$ 46,779.86
$ 23,370.62
$ 17,419.11
MARCH
$ 41,517.36
$ 24,775.11
$ 18,220.16
APRIL
$ 51,724.43
$ 23,342.85
$ 18,136.38
MAY
$ 34,202.50
$ 23,379.63
$ 18,597.36
JUNE
$ 36,744.06
$ 22,332.92

F/Y END TOTALS
$ 611,901.01
$ 319,409.93
$ 209,092.10

Prior to April 2020, it was beneficial for the City to maintain a higher balance in the bank accounts because of the high Earning Credit Rate (ECR) banks were paying on idle funds. However, due to the acceleration of inflation, the City’s ECR was reduced from 55 basis points to 25 basis points, which resulted in the City having to pay for banking services. Using the ladder strategy, the interest received from the investments can be allocated to offset banking services fees.

Fiscal Impact:

The fiscal impact is unknown at this time.

Coordinated With:

ATTACHMENTS:

Description

STATE GOVERNMENT ALLOWABLE INVESTMENT
Resolution
City Council Regular Meeting - Page 154 of 342
City Council Regular Meeting - Page 155 of 342
RESOLUTION NO.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO AUTHORIZE

THE TRANSFER OF THE IDLE CASH FROM THE GENERAL ACCOUNT IN THE AMOUNT OF TWENTY MILLION TO FHN MAIN STREET FINANCIAL SERVICES. TO GENERATE PROFIT IN THE FORM OF INVESTMENTS”.

WHEREAS, the City strives to maintain the level of investment of all idle funds as near to 100% as possible through the optimum operation of its cash and the City has determined that its investment goals are safety, liquidity and yield in that order; and

WHEREAS, the City Treasurer is responsible for the City of Lynwood’s cash flow whereby funds are transferred for various accounts to meet operating obligations; and

WHEREAS, the City Treasurer has prepared guidelines for a prudent investment policy; and
WHEREAS, the City’s Investment Policy contains certain investment criteria; and WHEREAS, the basic premise of the investments is to increase the City’s cash flow to assure the City’s cash needs are met.

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. The City Council of the City of Lynwood has delegated by resolution, the authority to invest to the City Treasurer, hereby approves the Treasurer’s request to increase the investment amount with the City’s current Investment Management Advisors.

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

Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.

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

______________________________
Jorge Casanova, Mayor

City Council Regular Meeting - Page 156 of 342
ATTEST: APPROVED AS TO CONTENT

Maria Quinonez, City Clerk Noel Tapia, City Attorney
City Council Regular Meeting - Page 157 of 342
Agenda Item # 12.

AGENDA STAFF REPORT
DATE:

July 5, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Peter Han, Director of Technology Services

SUBJECT:

AMENDMENT TO CONTRACT WITH TYLER TECHNOLOGIES - EDEN DIVISION -

TO EXTEND ANNUAL MAINTENANCE AGREEMENT FOR CITY'S FINANCIAL

MANAGEMENT SYSTEM
Recommendation:

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

COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE, IN

A FORM SATISFACTORY TO THE CITY ATTORNEY, A FIFTH AMENDMENT TO THE CONSULTING

SERVICES WITH TYLER TECHNOLOGIES - EDEN DIVISION - TO EXTEND ANNUAL MAINTENANCE AGREEMENT FOR CITY'S FINANCIAL MANAGEMENT SYSTEM THROUGH FISCAL YEAR 2022-23 WITH AN OPTION TO RENEW FOR FISCAL YEAR 2023-24”.

Background:

On July 19, 2006, the City and Consultant entered into an agreement for the maintenance agreement for the City’s financial management system.

The City Council has renewed this service agreement with Tyler Technologies since Council's authorization to purchase the financial management system in 2006.

On September 15, 2020, Council amended the City's contract with Tyler Technologies to extend the annual maintenance agreement from FY2020-21 to FY2021-22.

The annual maintenance agreement provides the City with technical support for all modules being utilized by the City as shown below:

General Ledger/Accounts Payable/Purchasing
Account Receivable
Human Resources/Web Portal
Fixed Assets
Contract Management
Position Budgeting
City Council Regular Meeting - Page 158 of 342
Utility Billing/Web Portal/Handheld Devices
Tyler Cashiering for Utility Billing
Payroll
Permits and Inspections Support
Parcel Manager
Requisitions

Staff uses this service regularly for issues that arise in the daily course of business. Without this annual maintenance agreement and access to professional support services, many business processes such as Core Financials, Permits, and Utility Billing could be severely impacted without this valuable resource.

The cost details for the annual maintenance agreement are shown below:

Fiscal Year
Annual Maintenance Fee
2011
$32,211
2012
$35,460
2013
$37,268
2014
$38,442
2015
$39,692
2016
$40,983
2017
$34,770
2018
$40,652

2019

$29,399
2020
$36,336
2021

$40,965 + $32,495 for Executime
2022
$43,000 + $15,695 for Executime (estimated)
2023
$43,460 + $15,695 for Executime
2024
$44,000 + $15,695 for Executime (estimated)

Discussion and Analysis:

The City’s financial management system is a critical business necessity. In order to have access to professional support services for Fiscal Year 2022-23 and Fiscal Year 2023-24, staff requests Council authorization of this item.

On another note, Tyler Technologies informed the City that they will be phasing out Eden software. The sunset date was set to March 1, 2027.

That means no updates or patches will be made to our software after that date. Selection and migration to a new platform and user training could take about two years or more to complete. Finance will work with all departments to explore options and identify a solution to make a recommendation to Council at a later date.

Fiscal Impact:

Funding for the annual maintenance agreement was budgeted for FY 2022-23 and will be budgeted for FY 2023-

24. Funding sources for FY2023:
6051.65.290.62015
$33,360 Professional and Contractual Services
1011.65.290.62015 $47,040 Professional and Contractual Services

Coordinated With:

City Council Regular Meeting - Page 159 of 342
City Attorney’s Office
Finance Department
ATTACHMENTS:

Description
Resolution
City Council Regular Meeting - Page 160 of 342
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE, IN A FORM

SATISFACTORY TO THE CITY ATTORNEY, A FIFTH AMENDMENT TO THE

CONSULTING SERVICES WITH TYLER TECHNOLOGIES - EDEN DIVISI ON - TO

EXTEND ANNUAL MAINTENANCE AGREEMENT FOR CITY'S FINANCIAL MANAGEMENT SYSTEM THROUGH FISCAL YEAR 2022 -23 WITH AN OPTION TO RENEW FOR FISCAL YEAR 2023-24

WHEREAS, on July 19, 2006, the City and Consultant entered into an agreement for the maintenance agreement for the City’s financial management system; and

WHEREAS, t he City Council has renewed this service agreement with Tyler Technologies since Council's authorization to purchase the financial management system in 2006; and

WHEREAS, on September 15, 2020, Council amended the City's contract with Tyler Technologies to extend the annual maintenance agreement from FY2020-21 to FY2021-22; and

WHEREAS, on May 2, 2006, Council authorized the purchase and maintenance agreement with Eden Tyler Technologi es for a comprehensive financial management system; and

WHEREAS, the annual maintenance agreement provides the City with technical support for all modules being utilized by the City; and

WHEREAS, staff uses this service regularly f or issues that arise in the daily course of business; and

WHEREAS, without this annual maintenance agreement and access to professional support services, many business processes such as Core Financials, Permits, and Utility Billing could be severely impa cted without this valuable resource; and

WHEREAS, the City’s financial management system is a critical business necessity and staff requests Counc il authorization to amend the contract with Tyler Technologies – Eden Division – to extend annual maintenanc e agreement through Fiscal Year 2022-23 with an option to renew for Fiscal Year 2023-24.

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

Section 1. The City Council of the City of Lynwood hereby find s and determines that all of the foregoing recitals are true and correct and are incorporated herein by reference.

City Council Regular Meeting - Page 161 of 342
2 Section 2. The City Council herby authorizes the Mayor or designee to execute the Fifth Amendment (in a form approved by the City Attorney) with Tyler Technologies – Eden Division to extend annual maintenance agreement for City’s financial management system through Fiscal Year 202 2-23 with an option to renew for Fiscal Year 202 3-24 not to exceed $7 0,000 for Fiscal Year 2 2-23 and $70,000 for Fiscal Year 23-24.

Section 3. The term of the Agreement shall expire on June 30, 202 3 with an option to renew and extend the date to June 30, 2024.

Section 4. This resolution shall go into effect immediately upon its adoption.

Section 5. 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 _____day of _______, 2022.

_________________________
Jorge Casanova
Mayor

ATTEST:

________________________ _________________________ Maria Quinonez, City Clerk Ernie Hernandez, City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

______________________ _________________________
Noel Tapia Peter Han, Director of
City Attorney Technology Services

City Council Regular Meeting - Page 162 of 342
3 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 resolutio n 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 _________day of____________, 2022 and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________
City Clerk, City of Lynwood

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 adopted on the date and by the vote therein stated.

Dated this ______ day of ________________, 2022.

___________________________
City Clerk, City of Lynwood

City Council Regular Meeting - Page 163 of 342
Agenda Item # 13.

AGENDA STAFF REPORT
DATE:

July 5, 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:

APPROVING PAYMENT FOR LASER LIGHT SHOW FOR THE CITY OF
LYNWOOD’S 2022 INDEPENDENCE DAY CELEBRATION AND RESCINDING RESOLUTION NO. 2022.099
Recommendation:

Staff recommends that the City Council adopt the accompanying resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO RESCIND RESOLUTION NO. 2022.099 AND APPROVE PAYMENTS TO TLC CREATIVE TECHNOLOGY FOR THE CITY’S 2022 INDEPENDENCE DAY CELEBRATION HELD ON JULY 3, 2022.”

Background:

Discussion and Analysis:

At the recommendation of staff, the Lynwood City Council adopted Resolution #2022.099 authorizing staff to negotiate and then execute a three-year contract with ExpoShows, Inc. for fireworks display services in support of the City’s annual Independence Day Fireworks Show. ExpoShows, Inc. had successfully executed multiple consecutive years of Independence Day fireworks displays for the City. The agreement was intended to stabilize the City’s cost for the yearly fireworks show and to provide a consistent product based on successful shows City Council Regular Meeting - Page 164 of 342
completed in 2017, 2018 and 2019. At the time of the recommendation and approval of the contract, the firm was in good corporate standing and staff had no reason to believe that the contractor would not be able to fulfill its obligations to the City of Lynwood.

On the afternoon of 6/22/22, the City received unexpected notice from the Office of the State Fire Marshall that the General Public Display License for fireworks held by ExpoShows, Inc. had been revoked effective immediately.

This was only five business days before the City’s scheduled celebration on July 3, 2022. In addition to the impact on Lynwood, ExpoShows, Inc. client cities of La Puente, Lancaster, Laguna Niguel, Imperial Beach and Marina Del Rey, along with the agencies of Camp Pendleton, the Oakmont Country Club, and the Wilshire Country Club were all forced to seek alternatives for their events or even consider cancelation.

Upon receiving the news, City staff immediately began contacting potential fireworks contractor replacements.

Major companies contacted (plus their subsidiaries and partners) included:

Zambelli Fireworks
Pyro Spectaculars
Garden State Fireworks
Court Wizard
Fireworks America

In summary, due to given time constraints, supply issues of fireworks and professional staff, City staff was not able to secure a replacement fireworks display provider. In order to not be left without a grand finale for its 2022 Independence Day celebration, City staff secured an innovative laser light show to replace the fireworks display. Laser light show displays have been growing in popularity across the country due to their environmentally friendliness, their wide range of special effects and the “party” atmosphere that they create.

Staff received a proposal from TLC Creative (TLC), for a laser light show priced at $34,000. TLC utilizes a range of laser systems and visual effects to provide a choreographed show of music and lasers to bring a “4th of July”-themed display.

The proposal included costs of $10,000 for pre-production service and $24,000 for conduction of the Laser Light show, for a total of $34,000 for the 2022 Independence Day Show.

Lynwood Municipal Code Section 6-3.13(a)(1) provides that the City may bypass the normal RFP process for the procurement of services in emergency situations. Here, the last-minute cancelation by the City's contracted fireworks provider qualifies as an emergency.

Staff respectfully requests that the City Council adopt the attached resolution that (A) rescinds the actions of Resolutions No. 2022.099 and (B) approves payments to TLC Creative for its laser light show services provided on July 3, 2022.

Fiscal Impact:

The remaining balance of $24,000 for the services provided on July 3, 2022 will be paid from the currently budgeted 2022/2023 Citywide Events.

Coordinated With:

City Manager
City Attorney
Finance Department

ATTACHMENTS
Resolution
TLC Creative Proposal
City Council Regular Meeting - Page 165 of 342
ATTACHMENTS:

Description
TLC Creative Proposal
Resolution Independence Day Show
City Council Regular Meeting - Page 166 of 342
City Council Regular Meeting - Page 167 of 342
City Council Regular Meeting - Page 168 of 342
City Council Regular Meeting - Page 169 of 342
City Council Regular Meeting - Page 170 of 342
City Council Regular Meeting - Page 171 of 342
RESOLUTION NO._______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO RESCIND RESOLUTION NO. 2022.099 AND APPROVE PAYMENTS TO TLC CREATIVE TECHNOLOGY FOR THE CITY’S 2022 INDEPENDENCE DAY CELEBRATION HELD ON JULY 3, 2022

WHEREAS, the City Council approved Resolution No. 2022.099 for the 2022 Independence Day Fireworks Show; and

WHEREAS, at the time the fireworks provider Expo Show, Inc. was considered and approved to conduct the City’s 2022 Independence Day Fireworks Show, the recommendation was based on the firm’s qualifications, good corporate standing at the time of consideration, its proposal and successful fireworks displays for the City’s Fourth of July programs in 2017, 2018, and 2019; and

WHEREAS, on June 22, 2022, the City received information from the Office of the State Fire Marshall, that ExpoShows, Inc. was no longer permitted to provide fireworks public displays; and

WHEREAS, in response to this information, City staff immediately began contacting potential fireworks contractor replacements; and

WHEREAS, due to given time constraints, contractual and supply chain issues with local fireworks companies, City staff was not able to secure a replacement fireworks display provider; and

WHEREAS, in order to not be left without a grand finale for the City’s 2022 Independence Day celebration, City staff secured an innovative laser light show to replace the fireworks display.

WHEREAS, laser light displays have been growing in popularity across the country due to their environmentally friendliness, their wide range of special effects and the “party” atmosphere that they create; and

WHEREAS, City staff received a proposal from TLC Creative, to conduct a Laser Light display priced at $34,000; and

WHEREAS, every year the City Council provides our community and individuals from the surrounding community a 4th of July Celebration with a full day of family-friendly activities which culminates with a grand finale drawing crowds of thousands of people; and

WHEREAS, the City quickly responded to the unprecedented situation of being left without a grand finale for its 2022 Independence Day celebration; and

City Council Regular Meeting - Page 172 of 342
WHEREAS, the City Council strives to deliver the best product and experience with every community event offered while maintaining necessary safety protocols; and

WHEREAS, the laser light displays was an alternate for the fireworks display given its growing popularity across the country due to their environmentally friendliness, their wide range of special effects and the “party” atmosphere that they create; and

WHEREAS, per Chapter 6 -3.13 of the Lynwood Municipal Code, the City may bypass the normal RFP process for the procurement of services in emergency situations.

Here, the last-minute cancelation by the City's contracted fireworks provider qualifies as an emergency.

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

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 approves payments of $10,000 for event pre - production services and $24,000 for the Laser Light Show on July 3, 2022 with TLC Creative, as presented in the attached proposal in support of the City’s Independence Day fireworks show.

Section 3. Resolution No. 2022.073, a resolution adop ted by the City Council on June 21, 2022 to execute a contract with ExpoShows Inc., is hereby rescinded in its entirety.

Section 4. The City Manager or his designee is authorized to carry out necessary transactions as so ordered by this resolution.

Section 5. That the cost for Laser Light show can be paid for with the existing budget for the 2022/2023 Citywide Events.

Section 6. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 7. This Resolution shall take full force and effect immediately upon adoption by the City Council.

PASSED, APPROVED and ADOPTED this 5th day of July, 2022.

_________________________
Jorge Casanova, Mayor
City Council Regular Meeting - Page 173 of 342

ATTEST:

________________________ __________________________
Maria Quinonez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ _________________________
Noel Tapia Mark Flores, Director
City Attorney Recreation & Community Services

City Council Regular Meeting - Page 174 of 342

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 5 th day of July, 2022 and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez
City Clerk, City of Lynwood

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 adopted on the date and by the vote therein stated.

City Council Regular Meeting - Page 175 of 342
Dated this 5th day of July, 2022.

Maria Quinonez
City Clerk, City of Lynwood
City Council Regular Meeting - Page 176 of 342
Agenda Item # 14.

AGENDA STAFF REPORT
DATE:

July 5, 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:

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 the Natatorium necessitating immediate actions.

Discussion and Analysis:

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 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 City Council Regular Meeting - Page 177 of 342
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

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:

No additional appropriation is needed.

Coordinated With:

City Attorney
Finance & Administration
ATTACHMENTS:

Description
Resolution
City Council Regular Meeting - Page 178 of 342
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 4/5 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 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 179 of 342
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. 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 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.

PASSED, APPROVED and ADOPTED this 5th day of July, 2022.

______________________________
Jorge Casanova
Mayor
ATTEST:

___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager

City Council Regular Meeting - Page 180 of 342
3 APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 181 of 342
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 5th day of July 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 N o. ____________ on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of July 2022.

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 182 of 342
Agenda Item # 15.

AGENDA STAFF REPORT
DATE:

July 5, 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:

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 183 of 342
emergency work.

Four-fifths Vote Requirement to Continue the Action

Fiscal Impact:

No additional appropriation is needed.

Coordinated With:

Finance Department
City Attorney’s Office
ATTACHMENTS:

Description
Resolution
City Council Regular Meeting - Page 184 of 342
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 4/5s 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 185 of 342
2 WHEREAS, the City Council delegated the authority to the City Manager or 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 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 wo rk 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 3. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 4. This Resolution shall take effect immediately upon its adoption.

Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED and ADOPTED this 5th day of July, 2022.

______________________________
Jorge Casanova
Mayor
City Council Regular Meeting - Page 186 of 342
3 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 187 of 342
4 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resol ution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on th e 21st day of June 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 21st day of June 2022.

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 188 of 342
Agenda Item # 16.

AGENDA STAFF REPORT
DATE:

July 5, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Peter Han, Director of Technology Services

SUBJECT:

NEWLY REDESIGNED SERVICE REQUEST MOBILE APP - LYNWOOD CONNECT Recommendation:

Staff recommends that the Lynwood City Council receive and file this staff report providing an update on the City's redesigned service request mobile app.

Background:

The City of Lynwood moved to GoGovApps in 2015 for its citizen service requests and Code Enforcement management platform. Approximately 10,000 service requests are created and handled by staff each year.

Discussion and Analysis:

Lynwood residents and staff have grown accustomed to entering service requests through their mobile phones.

The newly designed Lynwood Connect app is tailored specifically for the City of Lynwood and offers the same features residents have relied on in the old app. Additionally, the new app will offer features and links that were unavailable on the old app. The older GoRequest app will still continue to work as normal and connect to the same set of data.

Staff will start a marketing campaign this week to inform residents of the new app.

Fiscal Impact:

No additional costs were incurred to redesign and setup the new mobile app.

Coordinated With:

City Council Regular Meeting - Page 189 of 342
Finance
ATTACHMENTS:

Description
No Attachments Available
City Council Regular Meeting - Page 190 of 342
Agenda Item # 17.

AGENDA STAFF REPORT
DATE:

July 5, 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

SUBJECT:

THIRD AMENDMENT TO ANIMAL SHELTERING SERVICES
Recommendation:

Staff recommends the City Council of the City of Lynwood adopt the attached resolution entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A THIRD

AMENDMENT WITH THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS LOS

ANGELES (SPCALA) TO PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF LYNWOOD COMMENCING JULY 1, 2022 THROUGH JUNE 30, 2023.”

Background:

The City currently maintains an Animal Control Program. The main purpose of the program is to handle service calls concerning animal welfare and to enforce municipal code ordinances related to dogs-at-large, animal bites, dog licensing, tethering, barking dogs and leash laws.

The City Animal Control Program is not intended to be a full service program provided entirely by the City. Excluded from typical services is sheltering and veterinarian services. The program facilitates veterinary care, as needed, for injured animals found at-large, provides for the safe return of loose and lost animals to their owners through the identification of all domesticated animals for identifying implanted chips and shelter services provided by 3
rd
party contractor.

As part of the Animal Control Program, the City contracts with Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA) to provide animal sheltering services. The City's current contract with SPCALA will expire on June 30, 2022. Both SPCALA and City staff wish to extend the term of this contract for an additional year (“Third Amendment”), at an annual rate of $252,000 and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request.

Discussion and Analysis:

The City has been under contract with SPCALA for the last six (6) years. The City’s current contract is for the period July 1, 2021 - June 30, 2022, at a "not to exceed" amount of $160,950 (or $13,412.50 monthly). Due to the increase of live-animal intake, SPCALA has requested that this contract be renewed at an annual rate of City Council Regular Meeting - Page 191 of 342
$252,000 (or $21,000 monthly) for the next FY period of July 1, 2022 to June 30, 2023.

To ensure the City is still receiving the best contract for animal services, staff reached out to LA Animal Services, Los Angeles County Animal Care & Control, and SEAACA to try and negotiate a contract for animal services.

Unfortunately, LA Animal Services only services the City of LA. The other two agencies (Los Angeles County Animal Care & Control and SEAACA) are not currently accepting new cities into their program and were unwilling to provide a cost estimate for their services. Staff continues to have a formal application on file with SEAACA, in the event a future opportunity evolves.

In the meantime, staff will continue to have an open dialog with both of these agencies over the next year in case either agency opens their program to new cities. In the meantime, based on the programs and services offered to the City by SPCALA, which includes sheltering services of animals captured, disposing of deceased animals, cruelty investigations, and violence prevention & humane education, as well as the contract price staff is in agreement with the requested extension.

Fiscal Impact:

The total cost for the animal sheltering services for the period July 1, 2022 - June 30, 2023, of $252,000, will be included in the City's FY 2022-23 Operating Budget.

Coordinated With:

City Manager’s Office
City Attorney
Finance & Administration Services
ATTACHMENTS:

Description
Resolution
Attachment A - Third Amendment
City Council Regular Meeting - Page 192 of 342
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING A THIRD AMENDMENT WITH THE SOCIETY FOR THE

PREVENTION OF CRUELTY TO ANIMALS LOS ANGELES (SPCALA) TO

PROVIDE ANIMAL CONTROL SERVICES TO THE CITY OF LYNWOOD
COMMENCING JULY 1, 2022 THROUGH JUNE 30, 2023.

WHEREAS, on June 18, 2019 , the City Council authorized the execution of a Animal Sheltering Services Contract for the period July 1, 2019 to June 30, 2020; and

WHEREAS, the on September 15, 2020, the City Co uncil authorized the first extension to the Animal Sheltering Services Contract for the period July 1, 2020 to June 30, 2021, at an annual rate of $160,950 (or $13,412.50 per month) and $50 per day per animal held in excess of the City’s mandated holding p eriod at the City’s request (First Extension); and

WHEREAS, the on May 18, 2021, the City Council authorized the second extension to the Animal Sheltering Services Contract for the period July 1, 2021 to June 30, 2022, at an annual rate of $160,950 (or $ 13,412.50 per month) and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request (Second Extension); and

WHEREAS, the City and the Contractor wish to extend the term of the Animal Sheltering Services Contract for the period July 1, 202 2 to June 30, 2023 (“Third Extension”), at an annual rate of $252,000 (or $21,000 per month) and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request.

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

SECTION 1. The City Council of the City of Lynwood hereby finds a nd 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 authorize the Mayor to execute the Third Amendment to the Animal Sheltering Services Contract with Society for the Prevention of Cruelty to Animals Los Angeles (SPCALA), attached hereto as Exhibit A in a form approved by the City Attorney.

SECTION 3. Section 2 of the Animal Sheltering Services Contract entered into on June 18, 2019, shall be amended to read:

City Council Regular Meeting - Page 193 of 342
FEES. City agrees to pay Cont ractor a sum equal to $21, 000 per month for Contr actor’s services and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request.

SECTION 4. Section 3 of the Animal Sheltering Services Contract entered into on June 18, 2019, shall be amended to read:

TERM. The term of this Agreement shall commence on July 1, 2022 and shall terminate on June 30, 202 3 (the “Termination Date”), unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement.

SECTION 5. All other terms, conditions, and provisions of the Animal Sheltering Services Contract entered into on June 18, 2019, not in conflict with this Addendum, shall remain in full force and effect.

SECTION 6. The City Council directs the Dep artment of Finance and Administration Services to i nclude the approved amount of $252 ,000 in the FY 2022-23 Operating Budget as follows:

Fund Dept. Div. Object Description Amount
1011 Budgetary Fund Balance $(252,000)
1011 51 445 62015 Contractual Services $ 252,000

SECTION 7. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

SECTION 8. The City Clerk shall certify to the adoption of this Amendment and hereafter the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED THIS 5th day of July 2022.

__________________________
Jorge Casanova, Mayor

ATTEST:

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

City Council Regular Meeting - Page 194 of 342
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

___________________________ __________________________
Noel Tapia, City Attorney John Yonai, Interim Director of Community Development

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 _________day of____________, 2022 and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________
City Clerk, City of Lynwood

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, d o hereby certify that the above and foregoing is a full, true City Council Regular Meeting - Page 195 of 342
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 ______ day of ________________, 2022.

___________________________
City Clerk, City of Lynwood

City Council Regular Meeting - Page 196 of 342

THIRD AMENDMENT

TO ANIMAL SHELTERING SERVICES CONTRACT
(Society for the Prevention of Cruelty to Animals - Los Angeles)

This THIRD AMENDMENT (“Third Amendment”) is made and entered into th is 21st day of June, 2022 (“Effective Date”), by and between the City o f Lynwood, municipal Corporation (hereinafter the "City") and Society for the Prevention of Cruelty to Animals - Los Angeles , a California Corporation ( hereinafter the “Contractor or SPCALA”).

A. WHEREAS, on June 18, 2019, the City Council authorized the execution of a Animal Sheltering Services Contract for the period July 1, 201 9 to June 30, 2020 (“Master Agreement”); and

B. WHEREAS, the on September 15, 2020, the City Council authorized the first extension to the Animal Sheltering Services Contract for the period July 1, 2020 to June 30, 2021, at an annual rate of $160,950 (or $13,412.50 per month) and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request (First Amendment); and

C. WHEREAS, the on May 18, 2021, the City Council authorized the second extension to the Animal Sheltering Services Contract for the period July 1, 2021 to June 30, 2022, at an annual rate of $160,950 (or $13,412.50 per month) and $50 per day per animal held in excess of the City’s mand ated holding period at the City’s request (Second Amendment); and

D. WHEREAS, the City and the Contractor wish to extend the term of the Animal Sheltering Services Contract for the period July 1, 202 2 to June 30, 202 3 at an annual rate of $252,000 (or $21,000 per month) and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request.

NOW, THEREFORE, the City and Consultant agree as follows:

SECTION 1. Section 2 of the Master Agreement, shall be amended to read:

FEES. City agrees to pay Contractor a sum equal to $21,000 per month for Contractor’s services and $50 per day per animal held in excess of the City’s mandated holding period at the City’s request.

SECTION 2. Section 3 of the Master Agreement, shall be amended to read:

TERM. The term of this Agreement shall commence on July 1, 202 2 and shall terminate on June 30, 202 3 (the “Termination Date”), unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement.

City Council Regular Meeting - Page 197 of 342

2 SECTION 3. Except as herein mod ified, all other provisions of the Master Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. In case of a conflict between the terms of this Third Amendment and the terms of the Master Agreement, the terms of this Third Amendment shall strictly prevail

IN WITNESS WHEREOF , City and Contractor have caused this Amendment to be executed by their duly authorized representatives as of the day and year first above written.

“Contractor or SPCALA”

SOCIETY FOR THE PREVENTION OF

CRUELTY TO ANIMALS - LOS

ANGELES

Date:______________ ________________________________
By: Madeline Bernstein, President

“City”

CITY OF LYNWOOD

Date:______________ _______________________________
Jorge Casanova, 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 198 of 342
Agenda Item # 18.

AGENDA STAFF REPORT
DATE:

July 5, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Noel Tapia, City Attorney

Austin A. Ching, Deputy City Attorney

SUBJECT:

SURETY TAKEOVER AGREEMENT FOR BURKE HAM PARK RENOVATION Recommendation:

2. Staff recommends that the City Council consider adoption of the attached Resolution No. ______ entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A SURETY TAKEOVER AGREEMENT FOR THE YVONNE BURKE-JOHN D. HAM PLAYGROUND/PARK RENOVATION IMPROVEMENT PROJECT”.

3. Staff recommends that the City Council consider authorizing the City Manager

to approve any consultant or
vendor agreements, modifications, change orders or any other agreements or amendments necessary to effectuate the purposes of the Surety Takeover Agreement.

Background:

On September 2, 2020 the City of Lynwood (“City”) issued a Notice Inviting Bids for City Project No. 401168.068 for Construction of the Yvonne Burke-John D. Ham Playground/Park Renovation project (“Project”). The City received several responsive bids and at the regularly scheduled City Council meeting on November 17, 2020, awarded the contract (“Construction Contract”) for the Project to the lowest bidder, Civic Construction Associates (“CCA”) for a Contract Price of $496,009.00.

On or around February of 2021, construction commenced on the Project with an expected Contract Time of 55 working days per the Contract Documents, however, by Fall of 2020 concerns arose regarding the delays in the Contract Time and of CCA’s performance on the Project. After several months of attempting to get CCA to fulfil its obligations under the Construction Contract, the City’s Project Manager and the Architect assigned to the Project no longer believed that CCA was either willing or able to complete the Project in a manner consistent with its obligations. The Architect compiled a Comprehensive Design Team Field Report dated December 10, 2021 City Council Regular Meeting - Page 199 of 342
(“Field Report”), attached hereto as Attachment A, regarding CCA’s performance and the Field Report also outlined the remaining tasks and existing defects in construction.

After conducting its due diligence regarding the issues associated with the Project, the City formally issued a Notice of Default dated February 25, 2022 to CCA and its Surety, The Ohio Casualty Insurance Company (“Surety”), via certified mail and email, in accordance with the Contract Documents and the Performance Bond provided by CCA in the Construction Contract. The Notice of Default provided CCA with an opportunity to cure the defects noted in the Field Report within five (5) working days in accordance with Section 2.6.3 of the Contract Documents. Coincidentally, the City received a letter from the Surety’s legal counsel, also dated February 25, 2022, directing the City to redirect any payments due to the CCA under the Construction Contract to the Surety as part of the Surety’s Indemnity Agreement with CCA. No response was provided by CCA prior to the expiration of the cure period, however, the City did received emails from CCA in mid to late March of 2022 indicating that it was willing to continue working on the Project, however, none of defects noted in the Field Report had been corrected. In addition, CCA did not provided a formal notice address for service of process in the executed Construction Contract, however, the City Attorney’s Office sent certified letters to the address noted on the bid documents, which also matched the Surety’s records as well as the address CCA provided to the CA Secretary of State Business Registration and the CA State Contractor’s Licensing Board. Courtesy copies of all notices were also provided to the email address regularly used for communications with CCA.

In response to the Notice of Default, the City received a letter from Surety’s in-house counsel dated March 4, 2022 requesting a number of due diligence items associated with its investigation of the Performance Bond claim. The City provided the due diligence items to the Surety as they became available and also conducted a site walk with the Surety’s consultant to assist in expediting the remaining/repair work. On April 19, 2022, the City Council formally terminated the Construction Contract and issued a Notice of Termination to the Surety, as required by Section 2.6.3 and provided a courtesy copy to CCA via certified mail and email. As of the date of the termination by the City Council, none of the remaining defects noted in the Field Report had been corrected.

On May 19, 2022, in-house counsel for the Surety confirmed receipt of all the due diligence documents required at the time and reserved the right to request additional documents in the future. After reviewing the due diligence items, Surety informed the City that it had found a replacement contractor and on June 8, 2022, provided the proposed Surety Takeover Agreement (“Agreement”) attached hereto as Attachment B. The City Attorney’s Office has reviewed and negotiated this Agreement and now presents it to the City Council for approval.

Discussion and Analysis:

The Agreement provides that the Surety will assume all obligations and benefits of the Contractor under the Construction Contract and will provide its own construction contractor to complete the remaining work and make any necessary repairs in accordance with the specifications included in the Contract Documents. The City will not have to pay any additional compensation under the Agreement over the Contract Price of $496,009.00 and any change orders previously approved by the City estimated to be $13,062.50 (total of $509,071.50). According to the approved invoices, the City has already paid CCA the amount of $151,501.25 and will only be required to pay for the remaining Contract Balance of $357,570.25. The Surety’s replacement contractor will provide certificates of insurance in the amounts required by the original Construction Contract and all remaining payments would be directly paid to the Surety. In the event that future litigation occurs between City and CCA, the Surety has retained the right to challenge its obligations under the bond, but does not believe that this will be an issue based upon its review of the due diligence documents.

Fiscal Impact:

There is no estimated fiscal impact beyond already approved expenditures for the Contract Price of the original Construction Contract and the approved change orders discussed above.

Coordinated With:

City Attorney
City Council Regular Meeting - Page 200 of 342
ATTACHMENTS:

Description
2022.06.17 Takeover Agreement
Comprehensive Field Report
Surety Takeover Agreement Resolution
City Council Regular Meeting - Page 201 of 342

SURETY TAKEOVER AGREEMENT
Project No: 4011.68.068; Yvonne Burke/John D. Ham Playground / Park Renovation- Demo Playground And Replace With Turf

This Takeover Agreement (“Agreement”) is entered into between City of Lynwood (hereinafter “City”) and The Ohio Casualty Insurance Company (hereinafter “Surety” or “OCIC”).

Recitals
WHEREAS, on or about November 17, 2020, the City entered into a contract (“Original Contract”) with Civic Construction Associates (“CCA”) for work on the Yvonne Burke/John D.

Ham Playground / Park Renovation, CIP No. 4011.68.068 (“Project”); WHEREAS, on or about December 21, 2020, under the terms of the Original Contract, the Surety made, executed, and delivered to the City a Performance Bond, Bond No. 024246104 and a Payment Bond, Bond No. 024246104 in connection with the Project (collectively, called the “Bonds”), each in the penal sum of $496,009.00;
WHEREAS, CCA, after having been awarded said Original Contract and performing part of the work, was declared in default of its obligations under the Original Contract and on April 21, 2022, the City terminated CCA’s right to proceed with the work; WHEREAS, the City has made demand upon the Surety for completion of the work in accordance with its obligations under the said Bonds and on May 5, 2022, the City provided some of the records for the Projec t that OCIC requested in response to the claim on the Performance Bond;
WHEREAS, the Surety has advised the City that, under a full reservation of the Surety’s and CCA’s rights and defenses, it will undertake arranging for completion of the work and it h as contracted or will contract the work remaining under the Original Contract; WHEREAS, as of the date of this Agreement, the City represents to the Surety that the Original Contract amount was $496,009.00 and that this amount was increased by $13,062.50 based on approved change orders for a total Contract amount of $509, 071.50. The City further represents to the Surety that it has made payments to CCA in the amount of $151,501.25 and that there is a remaining balance (including retention) under the Contract of no less than $357,570.25 (“Contract Balance”);
WHEREAS, the City and Surety will need to address as part of the project close out reconciling any additional extra work claims of CCA prior to termination versus amounts originally contracted;
WHEREAS, the Contract Balance shall be increased or decreased, as appropriate, as a result of any supplemental agreements for extra work (work that is different from, in excess of, or beyond the scope of the work required by the Original Contract) requested or required by the City after the date of the execution of this Agreement;
City Council Regular Meeting - Page 202 of 342
WHEREAS, the City and Surety have agreed that the remaining Contract Balance will be used for the completion of the Project;
WHEREAS, the City represents that at the time of the execution of this Agreement it is unaware of any stop payment notices from various subcontractors and/or suppliers; WHEREAS, the Surety through the engagement of a Completion Contractor is willing to undertake the completion of the Original Contract in accordance with the terms of this Agreement provided that, in doing so, it will receive the remaining Contract Balance to compensate Surety for its completion of the Remaining Work, less amounts the City is required to hold by law due to the stop payment notices. Once the stop payment notices have been released the City shall then release those sums that were withheld to the Surety to compensate Surety for its completion of the Remaining Work.

WHEREAS, Surety and City acknowledge and understand that CCA may initiate legal action against the City for wrongful termination of the Original Contract (“Legal Action”).

NOW THEREFORE, in reliance upon the matters set forth in the foregoing Recitals and in consideration of the agreements and undertakings hereinafter set forth, and for other good an d valuable consideration, the receipt and adequacy thereof being hereby acknowledged, the City and Surety agree as follows:

Terms

1. The above Recitals are contractual.

2. Surety agrees to diligently proceed with and complete the work in accordance with the terms and conditions expressed in the Original Contract and will undertake and agree to arrange for the performance of all work and all other obligations of the Original Contract not presently completed or fulfilled by CCA, without assuming any obligations or liabilities beyond those set forth in the Bonds. It is mutually agreed that all of the General and other provisions of the Original Contract, and the plans and specifications thereof, including any supplemental agreement s, time extensions, or change orders issued to date, are incorporated in this Agreement as if set out at length.

3. The City acknowledges that Surety, by its execution of this Agreement is acting in its capacity as surety for CCA in making arrangements for the performance and completion of the Original Contract, and not as a contractor, and that Surety is not assuming any obligations or liabilities beyond those set forth in the Bonds and the Original Contract.

4. As to the completion of the Original Contract, except as otherwise provided in this Agreement, Surety is entitled to all rights, title, and interest of CCA in and to the Original Contract in all respects as if Surety were the original party to the Original Contract. The term “Contractor” as used in the Original Contract shall be deemed to refer to Surety rather than to CCA, and Surety shall have all rights and responsibilities of CCA under the Original Contract both prior and subsequent to the default of CCA.

City Council Regular Meeting - Page 203 of 342

5. The City acknowledges that Surety will contract the performance of the work under the Original Contract to another construction company or companies (the “Completion Contractor”). Surety may satisfy the required insurance obligations under the Original Contract by providing evidence of the required insurance coverage carried by the Completion Contractor, with City, Surety and its construction consultant J.S. Held LLC (“JSH”) being named as additional insureds under the policy or policies.

6. Surety agrees to diligently proceed with and to complet e the work in accordance with the terms and conditions of the Original Contract. Nothing in this Agreement is intended to waive, alter or modify CCA’s or Surety’s right to dispute the propriety of the Original Contract’s termination by the City, Surety and CCA expressly reserve all of their rights and remedies with respect to the underlying termination in the event of a court ordered judgement or a settlement agreement determining that the termination was invalid, including, but not limited to, the Surety’s right to argue that the termination was improper and the obligation to perform under the Bonds does not exist. The City also hereby expressly reserves the right to pursue liquidated damages in accordance with the terms of the Contract Documents up to an amount of $50,000.00.

7. The City shall pay direct to Surety, as the same shall become payable in accordance with the payment provisions of the Original Contract, all sums now due and payable and to become due and payable upon the Original Contract, including all unearned Contract Balances, all earned retainage percentages, all earned but unpaid estimates, and any and all money contracted to be paid hereunder, as would be or would have been payable to CCA had CCA not been declared in default and terminated which includes all of the Contract Balance (all of the foregoing being referred to herein as the “Contract Funds”).

8. Surety shall be represented at the Project by a representative of JSH, the Surety’s consultant. Surety may later authorize, in writing, an individual with the Completion Contractor to be its representative (the “Authorized Individual”) solely for the purposes set forth in this paragraph. The Authorized Individual will represent Surety in dealing with the City on day to day construction issues with respect to the Project. Surety hereby designates the Authorized Individual to prepare and process pay requisitions on the Original Contract. However, Surety will sign all pay requisitions submitted to the City. Payments from the City shall be made payable to Surety and transmitted to Surety. All documents pertaining to pay estimates, progress and final payments shall be transmitted to the Surety, by mail and email, at the following address, unless and until the City is notified in writing by the Surety of any different address:

Sonia Linnaus
Liberty Mutual Surety
1001 4th Ave., Ste. 3800
Seattle, WA 98154
[email protected]

City Council Regular Meeting - Page 204 of 342
The Authorized Individual shall have, on behalf of the Surety, the authority to negotiate , but not to sign, change orders for both additive and deductive work under the Original Contract.

The Surety must sign all additive and deductive change orders. Deductive change orders shall reduce the penal sum of the Bonds in the amount of said change orders.

9. The Contract Funds, whether in the hands of the City, CCA, or Surety shall be considered as, and shall constitute, trust funds, for the benefit of Surety, to be used exclusively for the following purposes and in the following priority: (1) to pay all labor and material costs, including amounts due to persons and entities who furnish labor or materials or both to or for the Project, payment of which is a condition of the City’s obligation to pay Contract Funds to Surety; (2) to pay amounts necessary to complete the work under the Contract for which Surety may become liable under the Bonds . If there is a surplus after Contract Funds are expended for the aforementioned reasons, then the City will transmit those Contract Funds to Surety to compensate it for bond losses on this Project or other projects per prior hold funds letter received bythe City from Surety dated February 25, 2022.

10. The City acknowledges that Surety’s performance obligation under the Performance Bond is expressly limited to expenditure of the penal amount of the Performance Bond reduced by amounts Surety pays for the completion of the work under the Original Contract and all other obligations under the Original Contract. For each dollar the Surety so expends for completing the work under the Original Contract the Surety shall receive a corresponding dollar for dollar reduction in the penal amount of the Performance Bond. If, out of its own funds, the Surety either expends, or is committed to expend, the full penal amount of the Performance Bond for any one or more of the fo llowing: (i) for work completed under this Agreement; or (ii) for work in progress under this Agreement, then the Surety shall have no further obligation of any description to City arising out of, or in connection with, the Performance Bond, and Surety’s completion of the work, at the Surety’s option, will cease.

11. The Payment Bond shall remain in full force and effect in accordance with its terms and provisions. The total liability of the Surety under the Payment Bond is limited to and shall not exceed the penal sum of the Payment Bond in the amount of $ 496,009.00, except as ot herwise provided by law or the Payment Bond . All Payment Bond payments made by the Surety shall be credited against the penal sum of the Payment Bond. Nothing in this Agreement is int ended to be a waiver of Surety's penal sum or an increase in the liability of Surety under the Payment Bond.

12. Surety’s satisfaction of its obligations under the this Agreement or Surety’s expenditure of the Performance Bond penal amount, whichever comes first, shall satisfy Surety’s performance obligations under the Original Contract, its Performance Bond and this Agreement.

13. This Agreement is solely for the benefit of the City and Surety. The City and Surety do not intend by any provision of this Agreement to create any rights in or increase the rights of any third -party beneficiaries, nor to confer any benefit upon or enforceable rights under this Agreement or otherwise upon anyone other than the City and Surety. Specifically, the City and Surety acknowledge that nothing in this Agreement shall extend or increase the rights of any third- party claimants or the liabilities or obligations of Surety under the Bonds.

City Council Regular Meeting - Page 205 of 342

14. This Agreement constitutes the whole of the understanding, discussions, and agreements by and between the City and Surety. The terms and provisions of this Agreement are contractual and not mere recitals. The City and Surety acknowledge that there have been no oral, written or other agreements of any kind as a condition precedent to or to induce the execution and delivery of this Agreement. Any written or oral discussions conducted prior to the effective date of this Agreement shall not in any way vary or alter the terms of this Agreement.

15. This Agreement shall not be changed, amended or altered in any way except in writing and executed by both the City and Surety.

16. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original.

17. Any notices which are required to be given by the terms of this Agreement or the Bonds shall be made via email and certified mail, return receipt requested, postage prepaid, as follows:

If to the City: City of Lynwood
Attn: City Manager
11330 Bullis Road
Lynwood, CA 90262
Fax No. (310) 635-0493

If to Surety: Via email and certified mail, return receipt requested, postage prepaid to:

Sonia Linnaus
Liberty Mutual Surety
1001 4th Ave., Ste. 3800
Seattle, WA 98154
[email protected]

18. This Agreement is effective as of the last date the Agreement is signed.

19. This Agreement shall be binding upon the parties and their respective successors and assigns.

20. In the event that one or more provisions of this Agreement shall be declared to be invalid, illegal or unenforceable in any respect, unless such invalidity, illegality or unenforceability shall be tantamount to a failure of consideration, the validity, legality and enforceability of the remaining provisions contained in this Agreement shall not in any way be affected or impaired thereby.

21. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted.

City Council Regular Meeting - Page 206 of 342

22. The City and Surety agree that nothing contained in this Agreement, including Surety’s agreement to arrange for performance, shall in any way limit, modify, affect, release or waive their respective ri ghts, claims, and defenses under the Original Contract, the Performance Bond, this Agreement, and the law.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below, and each of the undersigned personally represents and wa rrants that he or she has the full right, power and authority to execute this Agreement on behalf of the respective parties.

THE CITY OF LYNWOOD THE OHIO CASUALTY INSURANCE

COMPANY

By: ______________________________ By: ___________

Title: _____________________________ Title: ______________

Date: _____________________________ Date: _________________________ City Council Regular Meeting - Page 207 of 342
City Council Regular Meeting - Page 208 of 342

December 10, 2021

Mr. Thomas Thornton
City of Lynwood - Director of Public Works
11750 Alameda Street
Lynwood, CA 90262

RE: Yvonne Burke - John D. Ham Park / dSantana Arquitectura Design Team Field Report

Greetings Mr. Thornton:

As the City of Lynwood Public Works determines next steps for the Yvonne Burke - John D. Ham Park renovation project, (Project), and as it transfers Project files to Mr. Nick Servin (the City's replacement Project Representative and new Construction Manager) from Mr. Elias Saikaly, our firm proposed that our Project Design Team provide the City with a comprehensive Field Report.

The purpose of this report is to provide the City with comprehensive field assessments from all Project design disciplines including:

1. Architectural / Design Management

2. Civil Engineering

3. Structural Assessment (of the current entry archway fabrication)

4. Electrical Engineering

5. Landscape Architecture

Moreover, an additional objective of this report is to provide the City with documentation that comments on the current Project construction efforts provided by the Project general contractor, Civic Construction Associates (CCA). Over the c ourse of the past nine months (April 2021 through December 2021) our firm has provided periodic field reports which initially documented construction progression. However, these reports most recently focused on Project construction delays, as well as, CCA's continual approach of not constructing the Project based on Project plans and specifications.

dSantana Arquitectura believes that the information provided in this thorough Field Report will support the City's consideration of terminating CCA's construction agreement. The issues identified in this report from our multi-disciplined Design Team can be presented to City of Lynwood officials as evidence of compromised construction, as well as, the validation of considering other viable options to complete the construction of this very important Lynwood Community amenity.

Please review our Comprehensive Field Report, and feel free to contact our firm with any subsequent questions, comments or concerns.

Respectfully,

David A. Santana - AIA, LEED AP
City Council Regular Meeting - Page 209 of 342
Table of Contents

Cover Letter

1. Executive Summary

2. Project Observations
A. Design Team Overview
B. Action Items / Recommendations

3. Consultant Assessments
A. Civil Engineering - VCA Engineers, Inc.

B. Structural Assessments -GMEP Engineers
C. Electrical Engineering - GMEP Engineers
D. Landscape - Nuvis Landscape Architects

4. dSantana Arquitectura Historical Data
A. Field Reports (April 2021 - November 2021)
City Council Regular Meeting - Page 210 of 342
Executive Summary
On December 1, 2021, the dSantana Arquitectura Design Team for the Yvonne Burke - John D. Ham Park renovation project, (Project), met on site to individually review construction progress to date, and to provide assistance with formulating a Comprehensive Field Report for City of Lynwood utilization.

Originally, this meeting was to take place near the completion of Project construction and serve as a "Punch-list" task. However, since Project construction has stalled for over six months, (and the City is now assessing options on how to complete construction ), dSantana Arquitectura recommended that this task occur sooner than later, thus the Project Design Team met to provide this report.

The onsite Project Design Team was represented by all design disciplines, including the following:

1. Architectural / Design Management - dSantana Arquitectura

2. Civil engineering - VCA Engineers Inc.

3. Structural assessment of incorrectly fabricated archway entry - GMEP Engineers

4. Electrical engineering - GMEP Engineers

5. Landscape construction - Nuvis Landscape Architecture Throughout the nine months of Project construction, dSantana Arquitectura has been providing the City with periodical Field Reports. Initially, these reports focused on construction progression, h owever, the most recent reports identify construction concerns, (resulting from compromised construction methods), as well as indicating why construction has been unjustifiably and inappropriately del ayed. These specific reports have been included in this Comprehensive Field Report.

The Project Design Team identified various construction concerns including:

A. Architectural / Design Management

1. Concerns with excessive site debris and waste materials onsite

2. Compromised site security and potential City of Lynwood legal exposure

3. Concerns with potential compromise of concrete footings for the new playground equipment B. Civil Engineering

1. Concrete expansion joints missing on concrete landscape curbs

2. Various locations of cracking and damaged to new concrete curbs

3. Incorrect configuration and pour of concrete curb in various locations C. Structural assessment of incorrectly fabricated entry archway

1. Level of rust on the currently fabricated archway is a major concern

2. Concerns with welding and lack of engineered documents (shop drawings)

3. Concerns with damage to existing concrete park signage by the General Contractor D. Electrical Engineering

1. Concerns with the depth of electrical conduit of newly installed lighting

2. Concerns with installation of new light standard and its concrete base

3. Concerns with wiring and proper electrical operation of the new light standard E. Landscape construction

1. Concerns with incorrect layouts of play area concrete curbs

2. Northeast corner of park area lacks designed concrete curbs

3. Incorrectly poured mow-strips throughout the park and in various locations

4. Drip line system of the designed irrigation is missing in various locations

5. Main irrigation line not installed per bid documents and Project plan design

6. Various plants, scrubs and trees have died due to neglect These are just a few of the compromised co nstruction issues identified by the Project Design Team.

Additional information is provided in the following sections of this Comprehensive Field Report.

City Council Regular Meeting - Page 211 of 342
Project Observations
Design Team Overview
In general , the consensus of the Project Design Team was that current Project construction is inferior, compromised and does not follow the plans and specifications included in the Project bid documents.

These assessments are supported by physical evidence of current construction and is documented by each Project Design Team participants (included in this report) and described in detail.

Some of the more significant issues that the City of Lynwood's Project Representative and Construction Manager should address with the Project General Contractor are as follows:

1. Over the past four weeks, dSantana Arquitectura has
expressed concerns with the concrete mix used for the
new playground equipment footings. Concrete mix tickets and a ppropriate documentation confirming that Project
specifications were met are required. Furthermore, if the previous City Representative accepted a deviation of
concrete specifications for the se footings, supporting documents, (including the City of Lynwood's Substitution Request Form) needs to be issued to dSantana Arquitectura for immediate assessment and appropriate action.

2. The current Project General Contractor continues to ignore Project bid documents, plans and specifications for various Project related matters including:

A. Maintaining a secure construction site from unauthorized personnel. dSantana Arquitectura had to inform the City of Lynwood of a homeless individual dwelling on site, and that the construction gate was always unsecured and wide-opened.

B. Maintaining a clean and debris free construction site. For over three months, dSantana Arquitectura has expressed concerns to the City of the reluctance of the General Contractor to remove substantial construction waste as well as keeping the site free of debris.

C. Maintaining irrigation of newly installed plant materials and keeping the construction site free of enormous weeds that have overtaken designed plant areas.

3. The Project Design Team have elevated levels of concerns with other construction matters including:

A. The installation of electrical conduit lines, and the lack of depth of these lines, as well as concerns with following bid documents and specifications.

B. The damage of the existing concrete park signage where the new entry archway is to be constructed and placed, due to General Contractor neglect. The mismanagement of this important design feature is more evidence of the Project's General Contractor's incompetence.

C. Concerns with the construction, placement and lack of completion of various concrete curbs and landscape mow strips. Expansive joints are missing and cracked, damaged curbs exist on site.

D. Various landscape issues were identified by our Landscape Architect including:

1. Irrigation lines are missing

2. Various planted scrubs and trees have died, as well as, incorrect species have been planted

3. Much needed mulch, for healthy plant life, has not been placed per plans & specifications

4. The three trees to be placed at the southern edge of the park were not installed per plans and specifications. As a result, the City should had received a substantial change order credit City Council Regular Meeting - Page 212 of 342
Action Items / Recommendations
Subsequent to completing the Comprehensive Design Team site visit and documenting design discipline construction concerns, dSantana Arquitectura recommends these Project related Action Items and potential construction options and recommendations.

Action Items:

1. Subsequent to the Project Design Team's site meeting, the City of Lynwood, dSantana Arquitectura , P
ark Planet (the Project's supplier of the new playground equipment and future shade structures) met with Inspector Playground (Mr. Jim Stein's company) and a Civic Construction Associates (CCA) field representative to discuss completing t he inspection of the playground equipment and the installation of the Protective Playground Surface. During this discussion, the CCA field representative acknowledged that unauthorized personnel (children) had entered the construction site, and climbed the playground equipment during installation. This statement confirms previous concerns by dSantana Arquitectura that the unsecure construction site was a liability to the City of Lynwood. If a child or any unauthorized person enters the construction site and gets injured, potential legal action may t ake
p
lace, thus placing the City of Lynwood in a compromised situation.

Action: City of Lynwood instructs the Project General Contractor to secure the Project site.

2. The Project Team identified various issues of concern with the current Project construction. Therefore, the City should utilize this Comprehensive Field Report and meet onsite with the Project Genera l
Co
ntractor (CCA) and review all items identified for appropriate construction remedies and action.

Action: City of Lynwood to meet with Civic Construction Associates regarding this Report.

3. As stated in this Report's cover letter, this information can be shared with City Officials, (including the City Attorney) to determine next steps and potentially identify other options for the City to implemen t
a
nd complete Project construction.

Action: City of Lynwood to determine Project next steps.

Project Recommendations:

As the City of Lynwood reviews this Report and determines next steps, dSantana Arquitectura recommends the following considerations:

A. Obtain bids from Park Planet to complete the following construction items:

1. Completion of playground equipment.

2. Installation of Protective Playground Surface

3. Fabrication and installation of Project shade structures

4. Fabrication and installation of Project entry archway B. Obtain bids from GMEP Engineers to design and fabricate the Project entry archway

1. Our Electrical Engineer now has a fabrication workshop. They could generate the entry archway shop drawings, (which CCA failed to provide per bid documents) and provide the City another option for the entry archway construction. Therefore, we recommend to obtain bids for the entry archway in both steel and aluminum. The aluminum material may now be the best option since CCA failed to construct the supporting CMU pillar per plans as well as damaging the existing concrete park sign.

C. Demand an updated Construction Schedule from Civic Construction Associates On November 23, 2021, dSantana Arquite ctura rejected the CCA "Construction Schedule " for not providing comprehensive information or mee ting formatting requirements identified in the Project specifications. The City should request a thoroug h and comprehensive construction schedule that meets the information provided by the dSantana Arquite ctura 90 Da y schedule dated November 23, 2021 and previously provided to the City of Lynwood under separate delivery.

City Council Regular Meeting - Page 213 of 342
City Council Regular Meeting - Page 214 of 342

Alhambra Irvine
1041 S Garfield Ave, Ste 210, Alhambra CA 91801 2151 Michelson Dr, Unit 242, Irvine CA 92612 Tel: (323) 729-6098 * Fax: (323) 729-6043 Tel: (949) 679-0870 * Fax: (949) 679-9370 eMail: [email protected] Website: www.vcaeng.com

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

Project: Burke Ham Park

Owner:

City of Lynwood Date: 12/01/2021
Architect: dSantana Arquitectura
4401 Atlantic Avenue, Suite 200, Long Beach, CA 90807
Punch-list Site Walk
Discrepancy:

1. New Benches are missing on northeast side of the park. Concrete surface was cracked. (A
rea 1)

2. Playfield finish surface is not constructed in both playground areas. (Area 2)

City Council Regular Meeting - Page 215 of 342

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

3. New concrete pavement is missing at the entrance of existing playground area. (Area 3)

4. New shade structure is missing over the existing playground area. (Area 4)

City Council Regular Meeting - Page 216 of 342

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

5. New benches are missing on south side of the park. (Area 5)

6. No expansion joint installed at all angle points and the beginning and end of all curves, Typical. (Area 6)

7. New fence is not installed along west side of the park. (Area 7)

City Council Regular Meeting - Page 217 of 342

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

8. Concrete pavement is not constructed per plan at the entrance of the park. (Area 8)

9. No new concrete for trench of new post lighting. (Area 9)

City Council Regular Meeting - Page 218 of 342
Alhambra Irvine
1041 S Garfield Ave, Ste 210, Alhambra CA 91801 2151 Michelson Dr, Unit 242, Irvine CA 92612 Tel: (323) 729-6098 * Fax: (323) 729-6043 Tel: (949) 679-0870 * Fax: (949) 679-9370 eMail: [email protected] Website: www.vcaeng.com

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

Concrete Damage:

1. The concrete curb was damaged on west side of the new playground area. (Area 10) City Council Regular Meeting - Page 219 of 342

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

2. The edge of existing concrete pavement was damaged. New curb is missing on north side of the existing concrete walkway. (Area 11)

3. The new concrete curb wasn’t poured properly on south side of the new playground area. (Area 12)
City Council Regular Meeting - Page 220 of 342

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

4. The existing wall was damaged at the entrance of the park. (Area 13)

5. Gravity wall surface was cracked on east side of the park. (Area 14)

City Council Regular Meeting - Page 221 of 342
Alhambra Irvine
1041 S Garfield Ave, Ste 210, Alhambra CA 91801 2151 Michelson Dr, Unit 242, Irvine CA 92612 Tel: (323) 729-6098 * Fax: (323) 729-6043 Tel: (949) 679-0870 * Fax: (949) 679-9370 eMail: [email protected] Website: www.vcaeng.com

C I V I L S T R U C T U R A L

M B E D B E S B E
V C A E N G I N E E R S , IN C.

QUALITY

SERVICE

COMMITMENT

6. Concrete curb wasn’t poured properly on west side of the n ew playground area. (Area 15) City Council Regular Meeting - Page 222 of 342

PARKING

EXISTING

PLAYGROUNDEXISTING

PARKING
AREA
SHEET NOTES:

CONSTRUCTION NOTES:

LEGEND:

S T R U C T U R A L
V C A
Quality
Service
Commitment

C I V I L

SITE CONTROL PLAN
Area 2
Area 2
Area 1
Area 5
Area 7
Area 8
Area 9
Area 10
Area 11
Area 12
Area 13
Area 14
Area 15
Area 3
Area 4
Area 6
Area 7
City Council Regular Meeting - Page 223 of 342

GMEP Engineers
26439 Rancho Parkway S., Ste 120
Lake Forest, CA 92630
Ph: (949)267-9095
www.gmepe.com

December 6, 2021

Structural Field Report

Project: Burke Ham Park
Address: 11832 Atlantic Ave,
Observation Date: Dec 1 , 2021
Structural Site Observation By: Sam Ching & Henry Huang @ GMEP Engineers

Observation:

1. The steel archway frame was rusty and leaning the CMU pillar with the steel plates welded to both steel columns at the site. (See Site Picture 1)

2. The steel plates have been welded to the flame, but they're not fabricated with holes for anchor bolts installation. (See Site Picture 2-4)

3.The top face of concrete park signage is damaged at the proposed anchorage location, and no holes have been drilled into both concrete Signage and CMU pillar for anchorage installation of the frame. (See Site Picture 5-6)

Area of Concern:

1.The holes on steel plate should be cut during shop fabrication for accuracy of engineering design.

2.Our scope was only for the connection between the superstructure (arch steel frame) to the concrete signage and CMU pillar since the steel frame were built and plates were welded to frame columns by others. In fact, all the welding, bolting, and steel frame should be designed and calculated by engineer.

3.The concrete park signage needs to be fixed for any future anchorage installation.

Page 1 ends

Lynwood City CouncilJuly 5, 2022

Lynwood City Council
July 5, 2022