Agenda, first session — Lynwood City Council, August 16, 2022

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

August 16, 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 8/12/2022 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)).

City Video(s)

7. COUNCIL RECESS TO:

Lynwood Successor Agency
City Council Regular Meeting - Page 1 of 294
Lynwood Housing Authority
Lynwood Public Financing 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).)

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.

8. APPROVAL OF THE WARRANT REGISTERS
Comments:

City of Lynwood warrant registers dated August 16, 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 August 16, 2022 for FY 2021-2022 and FY 2022-2023.

9. TREASURER'S MONTHLY INVESTMENT REPORT
Comments:

The purpose of this item is to have the Honorable Mayor and the Lynwood City Council review the Treasurer’s Monthly Investment Report as required by State Statutes. (CT)

Recommendation:

The following is the Investment Report for the month ending July 31, 2022. This report is provided to ensure the City Council is informed of the Department’s investment activities. The report satisfies the recommended reporting requirements of the City of Lynwood, which addresses the City Council’s request for monthly financial information.

It is recommended that the City Council for the City of Lynwood receive and file the attached Monthly Investment Report.

10. APPROVAL OF SPECIAL EVENT PERMIT – CIRCUS ALEGRIA
Comments:

The city council will consider the approval of a Special Event Permit for the operation of a circus at 3000 E. Imperial Hwy. from September 6, 2022 to September 26, 2022. (CD)

Recommendation:

Staff recommends that the City Council approve a Special Permit for Circus Alegria for the operation of a circus at 3000 East Imperial Highway from September 6, 2022 through September 26, 2022, contingent upon the payment of all required fees. Specific event activities are as City Council Regular Meeting - Page 2 of 294
follows.

11. 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 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.”

12. THIRD AMENDMENT TO A PROFESSIONAL SERVICE AGREEMENT WITH

RAMBOLL FOR THE CONTINUED ADVISORY AND IMPLEMENTATION SERVICES INCLUDING COMPLETION OF A REMEDIAL ACTION PLAN ("RAP") AND

REMEDIATOIIN OF ENVIRONMENTALLY IMPACTED AREAS AT AND AROUND 11600 LONG BEACH BOULEVARD BASED ON THE AWARD OF THE DTSC-ECRG GRANT
Comments:

Staff recommends that the City Council authorize a third amendment with Ramboll to extend the term of the agreement and increase the contract amount to a not to exceed amount of $4,387,492 for the completion of a Remedial Action Plan and remediation of the property located at and around 11600 Long Beach Blvd. based on the award of the DTSC-ECRG Grant and allocate an appropriation from the 11600 Long Beach DTSC-ECRG Grant account to cover cost of said professional service agreement. (CD)

Recommendation:

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

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

STATE OF CALIFORNIA AUTHORIZING THE THIRD AMENDMENT TO A

PROFESSIONAL SERVICE AGREEMENT WITH RAMBOLL TO EXTEND THE TERM

OF THE AGREEMENT AND INCREASE THE ALLOCATION TO A NOT TO EXCEED AMOUNT OF $4,387,4920 FOR ENVIRONMENTAL SERVICES RELATED TO THE

SCOPE OF WORK OUTLINED IN THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL – EQUITABLE

COMMUNITY REVITALIZATION GRANT (DTSC-ECRG) AT
PROPERTY LOCATED AT AND AROUND 11600 LONG BEACH BOULEVARD BASED ON THE AWARD AND CONTRACT OF THE DTSC-ECRG GRANT; AND, ALLOCATE AN APPROPRIATION FROM THE 11600 LONG BEACH DTSC-ECRG ACCOUNT TO COVER COST OF SAID PROFESSIONAL SERVICE AGREEMENT.”

13. LYNWOOD UNIFIED SCHOOL DISTRICT INITIATIVE TO APPLY FOR LOCAL

AGENCY TECHNICAL ASSISTANCE (LATA) GRANT AND REQUESTING LETTER

OF SUPPORT FROM THE CITY OF LYNWOOD
Comments:

The Lynwood Unified School District (LUSD) is applying for a Local Agency Technical Assistance (LATA) grant and requesting a letter of support from the City of Lynwood. (IT) City Council Regular Meeting - Page 3 of 294

Recommendation:

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

OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A LETTER OF

SUPPORT FOR THE LOCAL AGENCY TECHNICAL ASSISTANCE (LATA) GRANT

APPLICATION SUBMITTED BY LYNWOOD UNIFIED SCHOOL DISTRICT (LUSD) TO

DEVELOP STRATEGIES TO SERVE THE COMMUNITY'S BROADBAND NEEDS

WHICH INCLUDE POTENTIALLY SERVING AS A RELIABLE AND AFFORDABLE INTERNET SERVICE PROVIDER (ISP)”.

NEW/OLD BUSINESS

14. CONDUCT SECOND READING, READ BY TITLE ONLY, AND WAIVE FURTHER

READING, AND ADOPT AN ORDINANCE APPROVING A DEVELOPMENT

AGREEMENT (DA) BETWEEN THE CITY OF LYNWOOD AND BULLETIN

DISPLAYS, LLC FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD, LYNWOOD ASSESSOR’S PARCEL NUMBER 6194-029-006
Comments:

The city council will consider a Development Agreement with Bulletin Displays, LLC for the development of either a new back-to-back or v-shaped digital billboard at 11104-11106 Wright Road in the City of Lynwood. (CD)

Recommendation:

Staff recommends that the City Council:

Conduct second reading, read by title only, and waive further reading, and adopt, the attached Ordinance entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD FOR APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF LYNWOOD AND BULLETIN DISPLAYS, LLC FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD, LYNWOOD (ASSESSOR’S PARCEL NUMBER 6194-029-006)”

15. CONDUCT SECOND READING, READ BY TITLE ONLY, AND WAIVE FURTHER

READING, AND ADOPT AN ORDINANCE APPROVING A DEVELOPMENT

AGREEMENT (DA) BETWEEN THE CITY OF LYNWOOD AND BULLETIN

DISPLAYS, LLC FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11350 WRIGHT ROAD, LYNWOOD ASSESSOR’S PARCEL NUMBER 6194-031-007
Comments:

The City Council will consider a Development Agreement with Bulletin Displays, LLC for the development of either a new back-to-back or v-shaped digital billboard at 11350 Wright Road in the City of Lynwood. (CD)

Recommendation:

Staff recommends that the City Council:

Conduct second reading, read by title only, and waive further reading, and adopt, the attached Ordinance entitled
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LYNWOOD FOR APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF LYNWOOD AND BULLETIN DISPLAYS, LLC FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11350 WRIGHT ROAD, LYNWOOD (ASSESSOR’S PARCEL NUMBER 6194-031-007)”

City Council Regular Meeting - Page 4 of 294

16. LYNWOOD RECOVERY PLAN
Comments:

Staff would like to amend the Lynwood Economic & Community Enhancement Plan and allocate $36,000 to provide restoration services to street medians citywide, $100,000 to contract supplemental code enforcement activities, and $60,000 to establish a Teen Clean Team Program made up of youth in the community. (CM)

Recommendation:

It is recommended that the City Council take the following actions:

Consider and adopt the attached resolution entitled “A RESOLUTION OF THE CITY COUCIL

OF THE CITY OF LYNWOOD APPROVING BUDGET ADJUSTMENTS TO AMEND THE LYNWOOD ECONOMIC & COMMUNITY ENHANCEMENT PLAN.”

17. SETTING A MINIMUM APPLICANT SUBMISSION TIME FOR FULLY COMPLETED

SPECIAL EVENT PERMITS AND CITY COUNCIL CONSIDERATION FOR USE OF

LYNWOOD CITY PARK
Comments:

Staff requests that fully completed and executed Special Event Permits be submitted to the City for City Council consideration a minimum of five (5) months prior to the planned event date for the use of Lynwood City Park. (CD)

Recommendation:

Staff recommends that the City Council set policy that requires Applicants of Special Event Permits for Lynwood City Park submit fully completed and executed Special Event Permits a minimum of five (5) months prior to the planned event date for City Council consideration. A fully completed Special Event Permit Application, includes but is not limited to, approval and execution by all required Special Event Permit signatories and evidence of all insurance requirements. Only fully completed Permits, received within the required time frame will be presented to the City Council for Consideration of approval of the Special Event. Once approved by Council, issuance of the permit will remain contingent upon the payment of all required fees.

Specific event activities will vary upon the Special event.

18. REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS & ANNUAL

BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST Comments:

The City Council will be reviewing the Board, Commission and Committee Members appointment list and consider any new appointments (CC)

Recommendation:

In accordance with the rules outlined below, staff recommends that the City Council review the attached list of Board, Commission and Committee members and take the following actions:

1 .

Reconfirm the existing members for another one-year term, ending December 31, 2022; 2 .

Make any needed adjustments, including filling the noted vacancies, and 3 .

Direct staff to post the attached Annual City of Lynwood Boards and Commissions Appointment List, according to Maddy Act requirments.

Currently there is 1 vacancy on the Planning Commission.

19. PARADE PRODUCTION SERVICES AGREEMENT AND STREET CLOSURES FOR THE CITY’S 2022 CANDY CANE LANE CHRISTMAS PARADE
Comments:

City Council Regular Meeting - Page 5 of 294
Lynwood’s annual Candy Cane Lane Christmas Parade is a long-standing community tradition.

Pageantry Parades has successfully served as the City’s parade production company for over 30 years. Staff is recommending approval
to enter into a written scope of services agreement with Pageantry Parades to produce and coordinate the City’s 2022 Candy Cane Lane Christmas Parade. Additionally, staff is requesting approval of street closures associated with the parade. (REC)

Recommendation:

Staff recommends that the City Council consider and adopt the attached resolution entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGEANTRY PARADES TO PRODUCE THE 2022 CANDY CANE LANE CHRISTMAS PARADE AND

APPROVING OF STREET CLOSURES NEEDED TO EXECUTE THE PARADE AND SUPPORTING ACTIVITIES.”

20. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

21. STAFF ORAL COMMENTS

ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 20, 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 294
Agenda Item # 8.

AGENDA STAFF REPORT
DATE:

August 16, 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 August 16, 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 7 of 294
ATTACHMENTS:

Description

WARRANT RUNS
08 16 2022

RESOLUTION ITEM
City Council Regular Meeting - Page 8 of 294
apCkHist
08/11/2022 7:36AM
Bank code: apbank
Void Check# Date Vendor
204019
205296
03/01/2022 013478 TORRENT RESOURCES
08/02/2022 005848 INFRASTRUCTURE
2 checks in this report
FY 2021-2022
Void Check Listing
City of Lynwood
Status ClearNoid Date Reason-Void Reissue Inv. Date Amount Paid 06/30/2022 LOST/MAIL 204019 01/31/2022 5,100.00

0.00 07/27/2022 SPOILED
apbank Total:

Total Checks :

Page: 1
Check Total
5,100.00

0.00 5,100.00
5,100.00
Page: 1
City Council Regular Meeting - Page 9 of 294
vchlist
08/04/2022
Bank code:

Voucher
1310
1311
1317
1318
1325
1332
1333
1342
1343
1344
1345
1348
1349
9:49:51AM
apbank
Date Vendor
-
4n12022 013073 CALPERS INSURANCE
4/4/2022 013090 PERS
4n12022 013073 CALPERS INSURANCE
4/4/2022 013090 PERS
4/13/2022 013090 PERS
5/6/2022 013073 CALPERS INSURANCE
4/26/2022 013090 PERS
5/6/2022 013073 CALPERS INSURANCE
5/13/2022 013090 PERS
5/6/2022 013091 PERS 457
FY 2021-2022
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
Ben143734
Ben143736
Ben143937
Ben143939
Ben143971
Ben144333
Ben144335
Ben144444
Ben144446
Ben144448
5/3/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben144450 5/6/2022 013073 CALPERS INSURANCE Ben144549
5/13/2022 013090 PERS Ben144551
Page: 2
Description/Account Amount
BLUE SHIELD ACCESS+: PAYMENT 59,749.59
Total : 59,749.59
PERS: PAYMENT 53,351.33
Total : 53,351.33
PERS PLATINUM - MONTHLY: 3,022.71
Total : 3,022.71
PERS:PAYMENT 345.40
Total: 345.40
PERS: PAYMENT 54,402.68
Total: 54,402.68
BLUE SHIELD ACCESS+: PAYMENT 58,310.03
Total: 58,310.03
PERS: PAYMENT 55,485.04
Total: 55,485.04
PERS PLATINUM - MONTHLY: 3,022.71
Total : 3,022.71
PERS: PAYMENT 872.26
Total : 872.26
DEF COMP- PERS 457: PAYMENT 1,500.00
Total : 1,500.00
DEF COMP- NATIONWIDE: 500.00
Total : 500.00
BLUE SHIELD ACCESS+: PAYMENT 57,126.12
Total: 57,126.12
PERS: PAYMENT 53,644.76
Page: 2
City Council Regular Meeting - Page 10 of 294
vchlist Electronic Financial Transaction List Page: 3
08/04/2022 9:49:51AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 1349 5/13/2022 013090 013090 PERS (Continued) Total : 53,644.76 1351 5/6/2022 013091 PERS 457 Ben144555 DEF COMP- PERS 457: PAYMENT 7,244.38 Total : 7,244.38
1352 5/4/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben144557 DEF COMP - NATIONWIDE : 6,399.17 Total : 6,399.17
1353 5/3/2022 013507 NATIONWIDE RETIREMENT SOLUTION Ben144559 401A: PAYMENT 186.26 Total : 186.26
1354 4/21/2022 012556 MUNICIPAL DENTAL POOL Ben144888 DEL TA DENTAL: PAYMENT 4,427.03 Total: 4,427.03
1355 5/5/2022 005794 INTERNAL REVENUE SERVICE Ben144890 SOCIAL SECURITY: PAYMENT 41 ,427.23 Total: 41,427.23
1356 617/2022 013073 CALPERS INSURANCE Ben144892 BLUE SHIELD ACCESS+ : PAYMENT 57,617.45 Total: 57,617.45
1357 5/27/2022 013090 PERS Ben144894 PERS: PAYMENT 55,714.07 Total : 55,714.07
1358 5/5/2022 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben144896 STATE WITHHOLDING TAXES: 13,034.75 Total : 13,034.75
1359 5/13/2022 013091 PERS 457 Ben144898 DEF COMP- PERS 457: PAYMENT 7,244.38 Total : 7,244.38
1360 5/16/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben144900 DEF COMP- NATIONWIDE: 7,479.17 Total : 7,479.17
1362 4/21/2022 012556 MUNICIPAL DENTAL POOL Ben145097 DELTA DENTAL: PAYMENT 223.50 Total: 223.50
1363 5/19/2022 005794 INTERNAL REVENUE SERVICE Ben145099 SOCIAL SECURITY: PAYMENT 694.63 Total : 694.63
1364 617/2022 013073 CALPERS INSURANCE Ben145101 PERS PLATINUM - MONTHLY: 3,022.71 --
Page: 3
City Council Regular Meeting - Page 11 of 294
vchlist Electronic Financial Transaction List Page: 4
08/04/2022 9:49:51AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 1364 6/7/2022 013073 013073 CALPERS INSURANCE (Continued) Total: 3,022.71 1365 6/7/2022 013090 PERS Ben145103 PERS: PAYMENT 872.26 Total : 872.26
1366 5/27/2022 013091 PERS 457 Ben145105 DEF COMP- PERS 457: PAYMENT 1,500.00 Total : 1,500.00
1367 6/1/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben145107 DEF COMP - NATIONWIDE: 500.00 Total : 500.00
1368 4/21/2022 012556 MUNICIPAL DENTAL POOL Ben145127 DELTA DENTAL: PAYMENT 4,967.62 Total: 4,967.62
1369 5/19/2022 005794 INTERNAL REVENUE SERVICE Ben145129 SOCIAL SECURITY: PAYMENT 41,632.76 Total: 41,632.76
1370 6n/2022 013073 CALPERS INSURANCE Ben145131 BLUE SHIELD ACCESS+: PAYMENT 56,433.55 Total : 56,433.55
1372 5/19/2022 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben145135 STATE WITHHOLDING TAXES: 13,275.18 Total : 13,275.18
1373 5/27/2022 013091 PERS 457 Ben145137 DEF COMP- PERS 457: PAYMENT 7,344.38 Total: 7,344.38
1374 6/1/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben145139 DEF COMP - NATIONWIDE: 7,579.17 Total : 7,579.17
1375 6/1/2022 013507 NATIONWIDE RETIREMENT SOLUTION Ben145141 401A: PAYMENT 186.26 Total: 186.26
1376 5/19/2022 012556 MUNICIPAL DENTAL POOL Ben145400 DELTA DENTAL: PAYMENT 4,456.63 Total : 4,456.63
1377 6/2/2022 005794 INTERNAL REVENUE SERVICE Ben145402 SOCIAL SECURITY: PAYMENT 47,875.40 Total: 47,875.40
1379 6/28/2022 013090 PERS Ben145406 PERS: PAYMENT 53,886.62 Page: 4
City Council Regular Meeting - Page 12 of 294
vchlist
08/04/2022
Bank code:

Voucher
1379
1380
1381
1382
1383
1384
1385
1387
1388
1389
1390
1391
1392
9:49:51AM
Electronic Financial Transaction List
City of Lynwood
apbank
Date Vendor Invoice PO#
6/28/2022 013090 013090 PERS (Continued)
6/2/2022 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben145408
6/14/2022 013091 PERS 457 Ben145410
6/15/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben145412 6/15/2022 013507 NATIONWIDE RETIREMENT SOLUTION Ben145414 5/19/2022 012556 MUNICIPAL DENTAL POOL Ben145723
6/16/2022 005794 INTERNAL REVENUE SERVICE Ben145725
6/14/2022 013090 PERS Ben145729
6/16/2022 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben145731 6/22/2022 013091 PERS 457 Ben145733
6/27/2022 010069 NATIONWIDE RETIREMENT SOLUTION Ben145735 6/23/2022 013507 NATIONWIDE RETIREMENT SOLUTION Ben145737 5/19/2022 012556 MUNICIPAL DENTAL POOL Ben145778
51 Vouchers for bank code : apbank
Page: 5
Description/Account Amount
Total : 53,886.62
STATE WITHHOLDING TAXES: 14,690.60
Total : 14,690.60
DEF COMP- PERS 457: PAYMENT 7,344.38
Total : 7,344.38
DEF COMP - NATIONWIDE: 7,579.17
Total : 7,579.17
401A: PAYMENT 186.26
Total : 186.26
DELTA DENTAL: PAYMENT 4,727.98
Total: 4,727.98
SOCIAL SECURITY: PAYMENT 40,019.48
Total : 40,019.48
PERS: PAYMENT 54,763.24
Total: 54,763.24
STATE WITHHOLDING TAXES: 14,690.60
Total : 14,690.60
DEF COMP- PERS 457: PAYMENT 6,636.04
Total : 6,636.04
DEF COMP - NATIONWIDE: 8,379.17
Total: 8,379.17
401A: PAYMENT 18626
Total : 186.26
DELTA DENTAL: PAYMENT 223.50
Total: 223.50
Bank total: 1,005,983.87
Page: 5
City Council Regular Meeting - Page 13 of 294
vchlist
08/04/2022
Bank code :

Voucher
1324
1338
1339
4:11:38PM
apbank
Date Vendor
417/2022 013073 CALPERS INSURANCE
417/2022 005794 INTERNAL REVENUE SERVICE
FY 2021-2022
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
Ben143969
Ben144349
417/2022 001357 EMPLOYMENT DEVELOPMENT DEPT. Ben144351
3 Vouchers for bank code :
3 Vouchers in this report
apbank
Page: 6
Description/Account Amount
BLUE SHIELD ACCESS+: PAYMENT 58,565.68
Total: 58,565.68
MEDICARE: PAYMENT 56.30
Total: 56.30
STATE WITHHOLDING TAXES: 64.26
Total: 64.26
Bank total: 58,686.24
Total vouchers : 58,686.24
Page: 6
City Council Regular Meeting - Page 14 of 294
vchlist
08/08/2022 11 :26:14AM
Bank code : apbank
Voucher Date Vendor
1234 4/4/2022 013090 PERS
FY 2021-2022
Electronic Financial Transaction List
City of Lynwood
Invoice PO#
Ben141479
1361 5/5/2022 013507 NATIONWIDE RETIREMENT SOLUTION Ben144902 2 Vouchers for bank code :
2 Vouchers in this report
apbank
Page: 7
Description/Account Amount
PERS: PAYMENT 526.86
Total : 526.86
401A: PAYMENT 186.26
Total: 186.26
Bank total: 713.12
Total vouchers : 713.12
Page: 7
City Council Regular Meeting - Page 15 of 294
vchlist
08/04/2022
Bank code:

Voucher
205371
205390
9:03:0SAM
apbank
Date Vendor
8/1/2022 001302 U.S. BANK
8/4/2022 011188 INSURANCE COMPANY, THE LINCOLN
2 Vouchers for bank code :
2 Vouchers in this report
apbank
FY 2022-2023
Prepaid-Check List
City of Lynwood
Invoice
001302-071522
001302-071522-A
001302-071522-B
001302-071522-C
001302-071522-D
4430959316
PO#
---- ---
Description/Account

BANKCARD CHARGES

BANKCARD CHARGES
LTD PREMIUM 8/2022
Total :

Total :

Bank total :

Total vouchers :

Page: 8
Amount
662.09
490.90
4,014.69
6,930.84
1,793.55
13,892.07
4,110.68
4,110.68
18,002.75
18,002.75
Page: 8
City Council Regular Meeting - Page 16 of 294
vchlist
0810212022
Bank code :

Voucher
205372
205373
205374
205375
205376
12:26:SSPM
apbank
Date Vendor
8/1/2022 001087 FANTASY FLOWERS AND GIFTS
8/1/2022 001087 FANTASY FLOWERS AND GIFTS
8/1/2022 000003 FIRST CHOICE SERVICES
8/1/2022 013460 MAGANA, JESSE S
8/1/2022 000163 SOUTHERN CALIFORNIA EDISON
5 Vouchers for bank code :
5 Vouchers In this report
apbank
FY 2022-2023
Prepaid Check List
City of Lynwood
Invoice
6628
6619
770081
5 00016307272022
Page: 9
PO# Description/Account Amount
01-001731 FLOWERS AND GIFTS 441.00
Total : 441.00
01-001730 COMMUNITY ACTIVITY EXPENSE 165.38
Total: 165.38
01-001726 COFFEE SERVICES 235.40
Total: 235.40
08-005002 COMMUNITY ACTIVITY EXPENSE 350.00
Total : 350.00
LIGHTS & POWER SERVICES 22,476.96
Total : 22,476.96
Bank total : 23,668.74
Total vouchers : 23,668.74
Page: 9
City Council Regular Meeting - Page 17 of 294
FY 2022-2023
vchlist Prepaid Check List Page: 10
08/03/2022 5:58:53PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205377 8/3/2022 001330 CANON FINANCIAL SERVICES, INC. 28851807 12-000407 RENTAL OFFICE EQUIPMENT 321.75 28851808 12-000407 RENTAL OFFICE EQUIPMENT 770.16
Total: 1,091.91
205378 8/3/2022 000486 LIBERTY UTILITIES 158555-07082022 06-009486 WATER USE FOR IRRIGATION 113.37 164055-07082022 06-009486 WATER USE FOR IRRIGATION 25.49 ' 164060-07082022 06-009486 WATER USE FOR IRRIGATION 25.49 Total : 164.35
205379 8/3/2022 013288 SPECTRUM 0543478071622 12-000411 OTHER FEE FOR SERVICES 219.98 Total : 219.98
205380 8/3/2022 013288 SPECTRUM 0603173071522 12-000411 OTHER FEE FOR SERVICES 179.98 Total: 179.98
205381 8/3/2022 013288 SPECTRUM 0031912071622 12-000411 OTHER FEE FOR SERVICES 150.06 Total : 150.06
205382 8/3/2022 013288 SPECTRUM 0244895070122 12-000411 OTHER FEE FOR SERVICES 139.98 Total : 139.98
205383 8/3/2022 007551 AFSCME DISTRICT COUNCIL 36 Ben146355 ASSOCIATION DUES: PAYMENT 1,630.93 Ben146795 ASSOCIATION DUES: PAYMENT 1,631.75
Total: 3,262.68
205384 8/3/2022 013398 AMERICAN FIDELITY ASSURANCE CO Ben146363 HEAL TH FSA PRE-TAX: PAYMENT 397.89 Ben146803 HEAL TH FSA PRE-TAX: PAYMENT 580.19
Total: 978.08
205385 8/3/2022 013463 CITY EMPLOYEES ASSOCIATES, LLC Ben146359 MGMT. ASSOCIATION DUES: 187.50 Ben146799 MGMT. ASSOCIATION DUES: 187.50
Total: 375.00
205386 8/3/2022 013086 DIV LEVYING OFFICER, SHERIFF'S Ben146809 LEVYING OFFICER: PAYMENT 459.70 Total : 459.70
205387 8/3/2022 005282 FRANCHISE TAX BOARD Ben146807 FRANCHISE TAX BOARD: PAYMENT 625.28 Page: 10
City Council Regular Meeting - Page 18 of 294
vchlist
08/03/2022 5:58:53PM
Bank code: apbank
Voucher
205387
205388
205389
Date Vendor
8/3/2022 005282 005282 FRANCHISE TAX BOARD
8/3/2022 013084 LE, JESSICA
8/3/2022 010048 LEGAL SHIELD
13 Vouchers for bank code:
13 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
(Continued)
Ben146805
Ben146361
Ben146801
Page: 11
PO# Description/Account Amount
Total: 625.28
JESSICA HERRERA: PAYMENT 293.00
Total: 293.00
LEGAL SHIELD: PAYMENT 49.84
LEGAL SHIELD: PAYMENT 49.84
Total: 99.68
Bank total: 8,039.68
Total vouchers : 8,039.68
Page: 11
City Council Regular Meeting - Page 19 of 294
vchlist
08/10/2022
Bank code:

Voucher
205391
2:22:52PM
apbank
Date Vendor
8/9/2022 000163 SOUTHERN CALIFORNIA EDISON
1 Vouchers for bank code : apbank
FY 2022-2023
Prepaid Check List
City of Lynwood
Invoice
00016308042022
PO#
-------
Description/Account

LIGHT AND POWER SERVICES
Total:

Bank total:

Page: 12
Amount
66,436.65
66,436.65
66,436.65
Page: 12
City Council Regular Meeting - Page 20 of 294
FY 2021-2022
vchlist Check List Page: 13
08/10/2022 5:55:04PM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205392 B/16/2022 00730B ADVISORS , LLC, FHN FINANCIAL MAIN Lynwood #45 10-000215 PROF & CONTRACTUAL SVCS 3,000.00 Total: 3,000.00
205393 B/16/2022 00507B 4IMPRINT , INC. 10150292 06-009531 PRINTING SERVICES OUTRE 1,530.06 Total : 1,530.06
205394 B/16/2022 005711 ACE COMMERCIAL, INC. 144497 01-001735 PROF & CONTRACTUAL SVCS 7,289.00 Total : 7,289.00
205395 B/16/2022 010746 ALVAREZ-GLASMAN & COLVIN 2022-03-20330-6 02-002525 LEGAL SERVICES 7,342.00 2022-03-20330-7 02-002525 LEGAL SERVICES 992.50
2022-04-20350 02-002525 LEGAL SERVICES 15,798.21
2022-04-20350-1 02-002525 LEGAL SERVICES 5,352 .50
2022-04-20350-2 02-002525 LEGAL SERVICES 97.50
2022-04-20350-3 02-002525 LEGAL SERVICES 9,240 .00
2022-04-20350-4 02-002525 LEGAL SERVICES 3,826 .50
2022-04-20350-5 02-002525 LEGAL SERVICES 154.00
2022-04-20350-6 02-002525 LEGAL SERVICES 5B.50
2022-04-20351 01-001630 LEGAL SERVICES 2,398.00
2022-04-20352 02-002525 LEGAL SERVICES 50.00
2022-04-20353 02-002525 LEGAL SERVICES 2,944.48
2022-04-20354 02-002525 LEGAL SERVICES 200.00
2022-04-20355 02-002525 LEGAL SERVICES 1,600.00
Total : 50,054.19
205396 8/16/2022 002452 AMERICAN LANGUAGE SVCS. 67224 01-001653 PROF & CONTRACTUAL SVCS 497.00 Total : 497.00
205397 8/16/2022 004285 AVANT GARDE , INC. 7535 06-009613 PROF & CONTRACTUAL SVCS 1,100.00 Total: 1,100.00
205398 8/16/2022 013545 BANNER BANK 3-EAST 5% RETENTION -ESCROW NO. 2013 9,012.50 3-WEST 5% RETENTION -ESCROW NO. 2013 27,548.57
4-EAST 5% RETENTION-ESCROW NO. 2013 6,148 .75
4-WEST 5% RETENTION-ESCROW NO. 2013 36,323.45
Total: 79,033.27
Page: 13
City Council Regular Meeting - Page 21 of 294
vchlist Check List Page: 14
08/10/2022 5:55:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205399 8/16/2022 006170 BARTEL ASSOCIATES, LLC 22-395 PROF & CONTRACTUAL SVCS 5,750.00 Total: 5,750.00
205400 8/16/2022 006014 CA BLDG .STANDARDS COMMISSION 006014-033121 FEE REPORT 261 .00 006014-063021 FEE REPORT 344.00
006014-123120 FEE REPORT 294 .00
Total: 899.00
205401 8/16/2022 000032 CAL ADDISON 047 06-009568 REPAIRS & MAINTENANCE 120.00 048 06-009568 REPAIRS & MAINTENANCE 160.00
051 06-009568 REPAIRS & MAINTENANCE 915.00
Total : 1,195.00
205402 8/16/2022 013105 CALIFORNIA STREET LIGHTING 869 06-009529 PROF & CONTRACTUAL SVCS 11,208 .00 869-A 06-009398 PROF & CONTRACTUAL SVCS 2,800 .00
Total: 14,008.00
205403 8/16/2022 000657 CENTURY RADIATORS 2192 06-009191 REPAIRS & MAINTENANCE 125.66 2193 06-009191 REPAIRS & MAINTENANCE 125.66
2198 06-009191 REPAIRS & MAINTENANCE 250 .00
Total: 501.32
205404 8/16/2022 013635 CHAVEZ, JOSE 003007 REFUND CANCELLED CLASS 31.25 Total: 31.25
205405 8/16/2022 007243 COUNTY OF LOS ANGELES, IN220001065 06-009233 TRAFFIC SIGNAL MAINTENANCE 10,085 .70 IN220001068 06-009233 TRAFFIC SIGNAL MAINTENANCE 1,281 .25 Total : 11,366.95
205406 8/16/2022 006088 DIESEL MOBILE SERVICE 21575 06-009503 REPAIRS & MAINTENANCE 1,033.11 21895 06-009503 REPAIRS & MAINTENANCE 3,427 .30
21913 06-009503 REPAIRS & MAINTENANCE 465.00
Total : 4,925.41
205407 8/16/2022 001987 DISTRICT OF SOUTHERN CALIF., WATER 001987-06302022 06-009159 PROF & CONTRACTUAL SVCS 66,418.58 001987-06302022-A 06-009540 PROF & CONTRACTUAL SVCS 52,203.00 Total: 118,621.58
Page: 14
City Council Regular Meeting - Page 22 of 294
vchlist Check List Page: 15
08/10/2022 5:55:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205408 8/16/2022 013632 GUATEMALA COUNTY FAIR 021235 REFUND BUILDING PERMIT 6,620.18 Total : 6,620.18
205409 8/16/2022 005848 INFRASTRUCTURE ENGINEERS 27702-B 06-009634 PROF & CONTRACTUAL SVCS 17,880.00 27765 06-009633 PROF & CONTRACTUAL SVCS 20,020 .00
27766 06-009633 PROF & CONTRACTUAL SVCS 25,872 .00
Total : 63,772.00
205410 8/16/2022 003331 L.A. COUNTY SHERIFF DEPT . 223496LL 01 -001655 LAW ENFORCEMENT SERVICES 17,576.89 223601LL 01-001654 LAW ENFORCEMENT SERVICES 953,331.20
223602LL 01-001654 LAW ENFORCEMENT SERVICES 20,351 .57
223717LL 01-001655 LAW ENFORCEMENT SERVICES 805 .39
223718LL 01-001655 LAW ENFORCEMENT SERVICES 2,496 .71
Total : 994,561.76
205411 8/16/2022 001991 LEGISLATIVE ADVOCACY GROUP 5856 01-001658 PROF & CONTRACTUAL SVCS 5,000 .00 5857 01-001658 PROF & CONTRACTUAL SVCS 5,000 .00
Total : 10,000.00
205412 8/16/2022 008480 LOPEZ AUTO SERVICE & TIRES INC 2743 06-009515 OTHER FEE FOR SERVICES 120.00 2747 06-009515 OTHER FEE FOR SERVICES 95.00
2935 06-009515 OTHER FEE FOR SERVICES 160.00
2938 06-009515 OTHER FEE FOR SERVICES 160.00
2939 06-009515 OTHER FEE FOR SERVICES 95.00
2942 06-009515 OTHER FEE FOR SERVICES 120.00
2943 06-009515 OTHER FEE FOR SERVICES 120.00
Total : 870.00
205413 8/16/2022 013521 LOS ANGELES ENGINEERING, INC 4-EAST 06-009482 PROF & CONTRACTUAL SVCS 116,826 .25 4-WEST 06-009482 PROF & CONTRACTUAL SVCS 690,145 .57
Total: 806,971.82
205414 8/16/2022 013504 MINER, LTD 5310525126 06-009523 PROF & CONTRACTUAL SVCS 9,622.43 Total : 9,622.43
205415 8/16/2022 013454 OPERATIONAL TECHNICAL SERVICES 2150 06-009388 PROF & CONTRACTUAL SVCS 1,650 .00 2150-A 06-009636 PROF & CONTRACTUAL SVCS 1,350 .00
2162 06-009636 PROF & CONTRACTUAL SVCS 3,000.00
- -
Page: 15
City Council Regular Meeting - Page 23 of 294
vchlist Check List Page: 16
08/10/2022 5:55:04PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205415 8/16/2022 013454 OPERATIONAL TECHNICAL SERVICES (Continued) 2181 06-009636 PROF & CONTRACTUAL SVCS 3,000.00
2254 06-009636 PROF & CONTRACTUAL SVCS 3,198.00
2257 06-009636 PROF & CONTRACTUAL SVCS 3,198.00
2261 06-009636 PROF & CONTRACTUAL SVCS 1,974.00
Total: 17,370.00
205416 8/16/2022 011595 ROSE EQUIPMENT REPAIR, INC. IN29393 06-009321 REPAIRS AND MAINTENANCE 277.55 Total: 277.55
205417 8/16/2022 000519 S&S WORLDWIDE IN 100992127 08-004882 OPERATING SUPPLIES 212.54 Total : 212.54
205418 8/16/2022 012311 SPECIAL SERVICE FOR GROUPS, IN 012311-033122 11-002135 PROF & CONTRACTUAL SVCS 19,479.69 012311-043022-063022 11-002135 PROF & CONTRACTUAL SVCS 42,425.56 Total: 61,905.25
205419 8/16/2022 008895 SWA GROUP 191199 06-009478 PROF & CONTRACTUAL SVCS 1,309.55 Total : 1,309.55
205420 8/16/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 692255565 08-004743 MATERIALS & SUPPLIES 24.97 Total: 24.97
205421 8/16/2022 012294 TRANSTECH ENGINEERS , INC. 20212727 06-008740 PROF & CONTRACTUAL SVCS 280.00 20216076 06-009479 PROF & CONTRACTUAL SVCS 770.00
20216943R 06-009635 PROF & CONTRACTUAL SVCS 46,406.00
Total : 47,456.00
205422 8/16/2022 010312 WEBER WATER RESOURCES CA, LLC 1527R1 06-009562 REPAIRS/MAI NT-EQUIPMENT 113,574.00 Total : 113,574.00
205423 8/16/2022 012137 XIO INC. 20122338 06-009409 PROF & CONTRACTUAL SVCS 760.00 Total: 760.00
32 Vouchers for bank code : apbank Bank total: 2,435,110.08 32 Vouchers in this report Total vouchers : 2,435,110.08 Page: 16
City Council Regular Meeting - Page 24 of 294
vchlist Check List Page: 17
08/11/2022 7:18:58AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205424 8/16/2022 002452 AMERICAN LANGUAGE SVCS. 69663 01-001732 PROF & CONTRACTUAL SVCS 313.30 69744 01-001732 PROF & CONTRACTUAL SVCS 121.24
69908 01-001732 PROF & CONTRACTUAL SVCS 501 .30
Total : 935.84
205425 8/16/2022 000926 AMERICAN TRANSPORTATION SYSTEM 125112 08-005000 PROF & CONTRACTUAL SVCS 986.90 125113 08-005000 PROF & CONTRACTUAL SVCS 695 .00
125114 08-005000 PROF & CONTRACTUAL SVCS 977.17
125146 08-005000 PROF & CONTRACTUAL SVCS 728.65
Total: 3,387.72
205426 8/16/2022 013522 AMN MANAGEMENT, INC 5 06-009632 PROF & CONTRACTUAL SVCS 17,347.50 Total : 17,347.50
205427 8/16/2022 001516 AUDITOR CONTROLLER, COUNTY 2022-23 ALLOCATION COMMISSION 2,305.43 Total : 2,305.43
205428 8/16/2022 000300 BUBBS HARDWARE 237 06-009599 MATERIALS AND SUPPLIES 11 .05 238 06-009599 MATERIALS AND SUPPLIES 13.36
Total : 24.41
205429 8/16/2022 013520 CALIFORNIA LANDSCAPE & DESIGN, INC 1 06-009484 PROF & CONTRACTUAL SVCS 263 ,030.68 Total : 263,030.68
205430 8/16/2022 007782 CAMACHO , GABRIELA 007782-083122 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
205431 8/16/2022 002319 CINDY 'S JUMPERS 53007 08-004990 COMMUNITY ACTIVITY EXPENSE 543 .00 53008 08-004990 COMMUNITY ACTIVITY EXPENSE 543.00
53010 08-004990 COMMUNITY ACTIVITY EXPENSE 543.00
53011 08-004990 COMMUNITY ACTIVITY EXPENSE 870 .50
Total : 2,499.50
205432 8/16/2022 010754 COOL IMAGE WATER, DBA/ AMERICAN 1578 08-004995 PROF & CONTRACTUAL SVCS 149.50 1583 08-004995 PROF & CONTRACTUAL SVCS 39.00
1584 08-004995 PROF & CONTRACTUAL SVCS 17.96
1586 08-004995 PROF & CONTRACTUAL SVCS 19.50
Page : 17
City Council Regular Meeting - Page 25 of 294
vchlist Check List Page: 18
08/11/2022 7:18:58AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205432 8/16/2022 010754 010754 COOL IMAGE WATER, DBN (Continued) Total: 225.96 205433 8/16/2022 000305 CULLIGAN 1266140 06-009637 RENTAL OF DRINKING WATER 81 .52 Total: 81.52
205434 8/16/2022 009633 EVENT STEP AND REPEAT 15494 08-004996 RENTAL BLDGS & EQUIPMENT 1,780.47 Total: 1,780.47
205435 8/16/2022 003334 FED EX 7-813-6444 7-A 06-009576 COURIER SERVICES 11 .26 7-835-23060 06-009576 COURIER SERVICES 38.45
Total : 49.71
205436 8/16/2022 011568 GO-FLEET CORPORATION INV-028794 12-000412 PROF & CONTRACTUAL SVCS 15,170.40 Total: 15,170.40
205437 8/16/2022 008611 GWMA 2023-16 ANNUAL MEMBERSHIP 15,000.00 Total : 15,000.00
205438 8/16/2022 009103 JHM SUPPLY, INC. 79807 /3 06-009566 OPERATING SUPPLIES 274.65 Total : 274.65
205439 8/16/2022 000001 KING FENCE, INC 45529 08-004997 RENTAL BLDGS & EQUIPMENT 42.50 Total : 42.50
205440 8/16/2022 001612 LEAGUE OF CALIFORNIA CITIES 4066 ANNUAL MEMBERSHIP 1,249.50 Total : 1,249.50
205441 8/16/2022 007606 LOPEZ, JUAN 1000073022 08-005001 COMMUNITY ACTIVITY EXPENSE 550.00 Total: 550.00
205442 8/16/2022 005067 ROADLINE 17734 06-009626 REPAIRS & MAINTENANCE 1,554.53 17735 06-009628 REPAIRS & MAINTENANCE 1,298.19
Total : 2,852.72
205443 8/16/2022 013494 ROLANDO ENRIQUE MORA LWD1004 01-001734 FILMING SERVICES 1,500.00 Total : 1,500.00
205444 8/16/2022 008420 SWANK MOTION PICTURES, INC RG 1889252 08-004988 SWANK MOTION PICTURES 2,475.00 Page: 18
City Council Regular Meeting - Page 26 of 294
vchlist Check List Page: 19
08/11/2022 7:18:58AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount --
205444 8/16/2022 008420 008420 SWANK MOTION PICTURES, INC (Continued) Total : 2,475.00 205445 8/16/2022 013215 THE HOME DEPOT PRO SUPPLY WORK 694750548 06-009629 MATERIALS & SUPPLIES 653.33 Total : 653.33
205446 8/16/2022 013613 TLC CREATIVE 228400894 08-005003 COMMUNITY ACTIVITY EXPENSE 24,000.00 Total : 24,000.00
205447 8/16/2022 013619 TOYOTA FINANCIAL SERVICES 001 7362931-8/2022 01-001722 VEHICLE PAYMENT 777.65 Total : 777.65
205448 8/16/2022 001056 TPK SCREENPRINT 3402 08-004999 PRINTING SERVICES 2,248.36 Total: 2,248.36
205449 8/16/2022 010066 TRI-WEST MECHANICAL, INC. TWM11595 06-009591 REPAIRS & MAINTENANCE 1,470.00 TWM11597 06-009591 REPAIRS & MAINTENANCE 1,851.60
Total : 3,321.60
205450 8/16/2022 000166 UNDERGROUND SERVICE ALERT/SC 22-2300251 06-009593 UNDERGROUND 110.90 720220417 06-009593 UNDERGROUND SERVICE 360.00
Total : 470.90
205451 8/16/2022 009742 UNIFIRST CORPORATION 3242749619 06-009621 UNIFORM SERVICE AND SUPPLIES 13.72 3242749620 06-009621 UNIFORM SERVICE AND SUPPLIES 55.68 3242749621 06-009621 UNIFORM SERVICE AND SUPPLIES 51 .73 3242749622 06-009621 UNIFORM SERVICE AND SUPPLIES 72.42 3242749623 06-009621 UNIFORM SERVICE AND SUPPLIES 92.59 3242749624 06-009621 UNIFORM SERVICE AND SUPPLIES 81 .14 3242752961 06-009621 UNIFORM SERVICE AND SUPPLIES 13.72 3242752962 06-009621 UNIFORM SERVICE AND SUPPLIES 55.68 3242752963 06-009621 UNIFORM SERVICE AND SUPPLIES 51 .73 3242752964 06-009621 UNIFORM SERVICE AND SUPPLIES 72.42 3242752965 06-009621 UNIFORM SERVICE AND SUPPLIES 165.27 3242752966 06-009621 UNIFORM SERVICE AND SUPPLIES 81.14 3242756322 06-009621 UNIFORM SERVICE AND SUPPLIES 13.72 3242756323 06-009621 UNIFORM SERVICE ANO SUPPLIES 55.68 3242756324 06-009621 UNIFORM SERVICE AND SUPPLIES 51 .73 3242756325 06-009621 UNIFORM SERVICE AND SUPPLIES 79.20 Page: 19
City Council Regular Meeting - Page 27 of 294
vchlist Check List Page: 20
08/11/2022 7:18:58AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 205451 8/16/2022 009742 UNIFIRST CORPORATION (Continued) 3242756326 06-009621 UNIFORM SERVICE AND SUPPLIES 86.11 3242756327 06-009621 UNIFORM SERVICE AND SUPPLIES 81 .14 3242759682 06-009621 UNIFORM SERVICE AND SUPPLIES 13.72 3242759683 06-009621 UNIFORM SERVICE AND SUPPLIES 55.68 3242759684 06-009621 UNIFORM SERVICE AND SUPPLIES 51.73 3242759685 06-009621 UNIFORM SERVICE AND SUPPLIES 79.20 3242759686 06-009621 UNIFORM SERVICE AND SUPPLIES 91.32 3242759687 06-009621 UNIFORM SERVICE AND SUPPLIES 81 .14 Total: 1,547.61
205452 8/16/2022 002912 WATERLINE TECHNOLOGIES,INC 5593044 06-009610 OPERATING SUPPLIES 310.08 5593046 06-009610 OPERATING SUPPLIES 285.27
5593048 06-009610 OPERATING SUPPLIES 322.48
5593049 06-009610 OPERATING SUPPLIES 396.90
5594418 06-009610 OPERATING SUPPLIES 260.47
5594427 06-009610 OPERATING SUPPLIES 272.87
5594428 06-009610 OPERATING SUPPLIES 533.33
Total: 2,381.40
205453 8/16/2022 001522 WECK LABORATORIES, INC. W2G0686-colynwood 06-009597 PROF & CONTRACTUAL SVCS 20.00 W2G1148-colynwood 06-009597 PROF & CONTRACTUAL SVCS 410.00 W2G1647 06-009597 PROF & CONTRACTUAL SVCS 50.00
W2G1648 06-009597 PROF & CONTRACTUAL SVCS 100.00
W2G1649 06-009597 PROF & CONTRACTUAL SVCS 130.00
W2G1662 06-009597 PROF & CONTRACTUAL SVCS 250.00
W2G2027 06-009597 PROF & CONTRACTUAL SVCS 282.00
W2G2084 06-009597 PROF & CONTRACTUAL SVCS 493.50
W2G2086 06-009597 PROF & CONTRACTUAL SVCS 100.00
Total : 1,835.50
205454 8/16/2022 009100 WATERWORKS TECHNOLOGY,INC . 6871 06-009622 PROF & CONTRACTUAL SVCS 34,700.00 Total : 34,700.00
31 Vouchers for bank code : apbank Bank total : 403,219.86 31 Vouchers in this report Total vouchers : 403,219.86
Page: 20
City Council Regular Meeting - Page 28 of 294
RESOLUTION NO. 2022.XXX

Warrant Registers Dated 08-16-2022

PASSED, APPROVED and ADOPTED this 16th day of AUGUST_, 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 29 of 294

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 16th day of AUGUST, 2022.

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

SOLACHE AND MAYOR CASANOVA

NOES: NONE

ABSENT: NONE

ABSTAIN: NONE

________________________
Maria Quiňonez,
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2022.XXX on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this _16 th day of AUGUST_, 2022.

___________________________
Maria Quiňonez,
City Clerk

City Council Regular Meeting - Page 30 of 294
Agenda Item # 9.

AGENDA STAFF REPORT
DATE:

August 16, 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 MONTHLY INVESTMENT REPORT
Recommendation:

It is recommended that the City Council for the City of Lynwood receive and file the attached Monthly Investment Report.

Background:

Government Code Section 53607, last amended 1996, with reference to the reporting of investment transactions states that the Treasurer
shall
make a monthly report of those transaction to the legislative body. Government Code Section 53646 (b) (1), last amended 2004, with reference to discussion related to establishment of an Investment Policy and investment reporting states that “the Treasurer may render a quarterly report”. To determine the applicable code inasmuch as reference to Government Code Section 53607 or non-compliance thereof has never been included in past audit findings. While Government Code Section 53646 (b) (1) which is the most current version related to Investment Reporting utilizes the word “may” indicating the reporting mechanism is optional, to err on the side of caution, and in order to ensure that we are in compliance with all Government Codes, a new procedure of submitting monthly reports to the Council/Agency agenda was implemented. Attached for Council/Agency review is the City’s/Agency’s Monthly Treasurer’s Report.

Subsequent reports will be provided on a monthly basis at the second meeting of each month.

Discussion and Analysis:

City Council Regular Meeting - Page 31 of 294
The investment transactions were executed in accordance with the City's Investment Policy and the California State Government Code Section 53646(b)(3) that requires the general fund is able to meet its expenditure requirements for the next six months.

Fiscal Impact:

The action recommended in this report will not have a fiscal impact on the City.

Coordinated With:

FHN Financial Main Street Advisors currently monitors the City’s investment activities.

ATTACHMENTS:

Description
ACTIVITY & PERFORMANCE SUMMARY - JULY 2022
FHN ECONOMIC & MARKET UPDATE - JULY 2022
ECONOMIC & MONETARY POLICY - JULY 2022
City Council Regular Meeting - Page 32 of 294

ACTIVITY & PERFORMANCE SUMMARY
JULY 2022

1 The following is the City’s cash flow and the monthly investment report. The monthly report includes a summary of the City’s investment portfolio, a monthly review of the investment market as prepared by the investment managers and detailed information on monthly transactions, cash flows and investments by issuer.

FHN Investment Advisors manage the portion of investments not invested by LAIF (State Local Agency Investment Fund).

The tables below provide key statistics regarding the City’s cash flow and investment portfolio as of July 31, 2022.

Type Balances Held
Cash - US Bank $ 32,615,052.64
Cash - JPMorgan Chase Bank $ 7,717,688.79
Local Agency Investment Fund $ 9,563,138.29
FHN Investment Advisors/BNY $ 21,153,534 .75
TOTAL $ 49,895,879.72

FHN ACCOUNT SUMMARY
July 2022 June 2022
Market Value $30,716,673 $25,569,356
Book Value $31,306,790 $26,223,310
Variance -$590,117 -$694,864
Par Value $31,267,560 $26,223,310
Net Asset Value $98.12 $97.35
Book Yield 1.42% 1.20%
Market Yield 2.18% 2.32%
Years to Maturity 1.37 1.55
Effective Duration 1.27 1.44

FHN INVESTMENT COMPLIANCE
% %
Company Book Value of Portfolio of Total
US Treasuries 6,501,174.89 20.77% 100%
US Federal Agencies 3,821,956.14 12.21% 100%
Supranational Obligations 0.00 0% 30%
LAIF 9,563,138.29 30.55% 75%
Commercial Paper 0.00 0.00 25%
Money Market Funds 5,188,421.30 16.57% 20%
Negotiable Certificates of Deposit 4,215,221.83 13.46% 30% Corporate Obligations 2,016,877.55 6.44% 30%
State and Local Governments 0.00 0% 100%

City Council Regular Meeting - Page 33 of 294

ACTIVITY & PERFORMANCE SUMMARY
JULY 2022

2 All of the City’s rated investments were rated “A” or higher by at least two rating agencies on June 30, 2022.

The City’s investments comply with its current investment policy, which emphasizes the safety, liquidity, and return of its investments, allowing the city to meet its expenditures for the next six months.

FHN INCOME EARNED SUMMARY
June Month End Fiscal Year to Date
Interest
Interest Received/Purchased. 44,249.20 44,249.20
Plus Accrued Interest at End of Period 54,619.36 54,619.36 Less Accrued Interest at Beginning of Period -74,680.06 -74,680.06 Interest Earned During Period 24,188.50 24,188.50

Total Adjustments for Amortization/Accretion -1,678.82 -1,678.82 Total Capital Gains or Losses 0.00 0.00
Total Earnings During Period 22,509.68 22,509.68

PURCHASES & MATURITIES

PURCHASE(S)

SETTLEMENT

DATE NAME

TRANSACTION

TYPE ISSUER PAR VALUE
MARKET

VALUE RATING
7/7/22
Capital One
Bank NA Purchase
Cert of
Deposit 248,000.00 256,515.32 NR
7/7/22 Ally Bank Purchase
Cert of
Deposit 248,000.00 253,202.90 NR
Discover Bank Purchase
Cert of
Deposit 248,000.00 255,933.73 NR

REDEMPTION(S)

MATURITY

DATE NAME

TRANSACTION

TYPE ISSUER REDEMPTION
COUPON

RATE INTEREST
6/13/2022
Royal Bank of
Canada, NY Mature
Comm
Paper 350,000.00 0.000% 0.00

City Council Regular Meeting - Page 34 of 294
Monthly Economic and Market Update
July 2022
City Council Regular Meeting - Page 35 of 294
Economic and Market Update
*Estimates for the current quarter/month, some data are lagged Sources: FHN Main Street and Bloomberg 7/31/2022
Item 7/31/2022 6/30/2022 Change
U.S. Payrolls Monthly Change 528,000 398,000 130,000
Unemployment Rate 3.5% 3.6% (0.1%)
Labor Force Participation 62.1% 62.2% (0.1%)
Effective Fed Funds Rate 2.32% 1.58% 0.74%
2 Year T-Note 2.89% 2.96% (0.07%)
3 Month T-Bill 2.36% 1.67% 0.70%
3 Year T-Note 2.81% 3.01% (0.20%)
5 Year T-Note 2.68% 3.04% (0.36%)
10 Year T-Note 2.65% 3.02% (0.37%)
U.S. Fed Debt Avg Yield* 1.70% 1.61% 0.09%
30 Year Mortgage Rate 5.28% 5.83% (0.55%)
1-5 Yr Agency Spread 0.05% 0.03% 0.02%
1-5 Yr A-AAA Corporate Spread 0.66% 0.80% (0.14%)
Dow Jones 32,845 30,775 6.7%
S&P 500 4,130 3,785 9.1%
Consumer Price Index YOY* 8.8% 9.1% (0.3%)
U.S. Avg Regular Unleaded $4.21 $4.84 ($0.63)
Retail Sales YOY* 9.7% 8.4% 1.3%
Case-Shiller Home Prices YOY* 20.5% 21.1% (0.7%)
Consumer Confidence 98.7 103.2 (4.5)
Gold (per ounce) $1,765.94 $1,807.27 ($41.33)
Dollar Index 105.90 104.69 1.22
2 City Council Regular Meeting - Page 36 of 294
Economic and Market Update
* Real Rate (Inflation Adjusted)
Source: Bureau of Economic Analysis
Estimate: Bloomberg's Survey of Economists
As of: 7/31/2022
7/31/2022

2.9 -1.4

5.2 4.7

1.8 3.3

2.3 1.3

0.6 2.4

1.2 2.4

2.0 1.9

2.3 2.9

3.8 3.1

3.4 1.9

0.9 2.4

3.2 2.8

1.9 -5.1
-31.2

33.8 4.5

6.3 6.7

2.3 6.9
-1.6
-0.9

1.7 1.4

1.1 1.1
-45
-35
-25
-15
-5
5 15
25 35
45 Q4 2013
Q1 2014
Q2 2014
Q3 2014
Q4 2014
Q1 2015
Q2 2015
Q3 2015
Q4 2015
Q1 2016
Q2 2016
Q3 2016
Q4 2016
Q1 2017
Q2 2017
Q3 2017
Q4 2017
Q1 2018
Q2 2018
Q3 2018
Q4 2018
Q1 2019
Q2 2019
Q3 2019
Q4 2019
Q1 2020
Q2 2020
Q3 2020
Q4 2020
Q1 2021
Q2 2021
Q3 2021
Q4 2021
Q1 2022
Q2 2022
Q3 2022
Q4 2022
Q1 2023
Q2 2023
Percent
U.S. GDP (Quarter over Quarter Annualized)*
Estimates
3 City Council Regular Meeting - Page 37 of 294
Economic and Market Update
Source: Bureau of Labor Statistics
12 Month Average Job Change 508,455
7/31/2022
-22
-20
-18
-16
-14
-12
-10
-8
-6
-4
-2
0 2
4 6
Jan-18
Apr-18
Jul-18
Oct-18
Jan-19
Apr-19
Jul-19
Oct-19
Jan-20
Apr-20
Jul-20
Oct-20
Jan-21
Apr-21
Jul-21
Oct-21
Jan-22
Apr-22
Millions
U.S. Monthly Non-Farm Payrolls Change
-25.0
-20.0
-15.0
-10.0
-5.0

0.0 5.0

10.0 15.0

20.0 Jan-18
Apr-18
Jul-18
Oct-18
Jan-19
Apr-19
Jul-19
Oct-19
Jan-20
Apr-20
Jul-20
Oct-20
Jan-21
Apr-21
Jul-21
Oct-21
Jan-22
Apr-22
Millions
U.S. Monthly Non-Farm Payrolls YOY Change
4 City Council Regular Meeting - Page 38 of 294
Economic and Market Update
Source: Bureau of Labor Statistics
7/31/2022
0 5
10 15
20 25
30 Jan-18
Mar-18
May-18
Jul-18
Sep-18
Nov-18
Jan-19
Mar-19
May-19
Jul-19
Sep-19
Nov-19
Jan-20
Mar-20
May-20
Jul-20
Sep-20
Nov-20
Jan-21
Mar-21
May-21
Jul-21
Sep-21
Nov-21
Jan-22
Mar-22
May-22
Percent
Unemployment Rates
U.S.A Nevada California Idaho Washington Hawaii Oregon Utah 5 City Council Regular Meeting - Page 39 of 294
Economic and Market Update
Source: Bureau of Labor Statistics
7/31/2022
128
130
132
134
136
138
140
142
144
146
148
150
152
154
Jul-12
Feb-13
Sep-13
Apr-14
Nov-14
Jun-15
Jan-16
Aug-16
Mar-17
Oct-17
May-18
Dec-18
Jul-19
Feb-20
Sep-20
Apr-21
Nov-21
Jun-22
Millions
U.S. Number of Employed
Full-Time and Part-Time

60.0 60.5

61.0 61.5

62.0 62.5

63.0 63.5

64.0 Jul-12
Feb-13
Sep-13
Apr-14
Nov-14
Jun-15
Jan-16
Aug-16
Mar-17
Oct-17
May-18
Dec-18
Jul-19
Feb-20
Sep-20
Apr-21
Nov-21
Jun-22
Percent
U.S. Labor Force Participation Rate
6 City Council Regular Meeting - Page 40 of 294
Economic and Market Update
Source: Department of Labor and Bloomberg
7/31/2022
Weekly Initial Jobless Claims is the actual number of people who have filed for Unemployment benefits for the first time. The following five eligibility criteria must be met in order to file for unemployment benefits: 1. Meet the requirements of time worked during a 1 year period (full time or not). 2. Become unemployed through no fault of your own (cannot be fired). 3. Must be able to work; no physical or mental holdbacks. 4. Must be available for work. 5. Must be actively seeking work.

0.0 0.5

1.0 1.5

2.0 2.5

3.0 3.5

4.0 4.5

5.0 5.5

6.0 1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
Millions
Weekly Initial Jobless Claims
(4 Week Moving Average)
7 City Council Regular Meeting - Page 41 of 294
Economic and Market Update
*Real: Inflation Adjusted
Source: U.S. Census Bureau Source: Conference Board
7/31/2022
-30
-20
-10
0 10
20 30
40 50
60 Jan-18
Apr-18
Jul-18
Oct-18
Jan-19
Apr-19
Jul-19
Oct-19
Jan-20
Apr-20
Jul-20
Oct-20
Jan-21
Apr-21
Jul-21
Oct-21
Jan-22
Apr-22
Percent
U.S. Real* Retail Sales YOY % Change
40 50
60 70
80 90
100
110
120
130
140
Jan-12
Jul-12
Jan-13
Jul-13
Jan-14
Jul-14
Jan-15
Jul-15
Jan-16
Jul-16
Jan-17
Jul-17
Jan-18
Jul-18
Jan-19
Jul-19
Jan-20
Jul-20
Jan-21
Jul-21
Jan-22
Jul-22
Index Value
U.S. Consumer Confidence
8 City Council Regular Meeting - Page 42 of 294
Economic and Market Update
CPIX: Consumer Price Index, excluding food and energy PCEC: Personal Consumption Expenditure Core Source: Bureau of Labor Statistics and Bureau of Economic Analysis 7/31/2022

0.0 1.0

2.0 3.0

4.0 5.0

6.0 7.0

8.0 9.0

10.0 Jan-18
Apr-18
Jul-18
Oct-18
Jan-19
Apr-19
Jul-19
Oct-19
Jan-20
Apr-20
Jul-20
Oct-20
Jan-21
Apr-21
Jul-21
Oct-21
Jan-22
Apr-22
Percent
CPI and CPIX YOY % Change
CPI
CPIX

0.0 1.0

2.0 3.0

4.0 5.0

6.0 7.0

8.0 Jan-18
Apr-18
Jul-18
Oct-18
Jan-19
Apr-19
Jul-19
Oct-19
Jan-20
Apr-20
Jul-20
Oct-20
Jan-21
Apr-21
Jul-21
Oct-21
Jan-22
Apr-22
Percent
PCE and PCEC YOY % Change
PCE
PCEC
9 City Council Regular Meeting - Page 43 of 294
Economic and Market Update
Sources: New (U.S. Census Bureau),Existing (National Assoc. of Realtors) Source: Case-Shiller Seasonally Adjusted Annual Rate
7/31/2022
0 2
4 6
8 10
12 14
16 18
20 22
24 Feb-14
Jul-14
Dec-14
May-15
Oct-15
Mar-16
Aug-16
Jan-17
Jun-17
Nov-17
Apr-18
Sep-18
Feb-19
Jul-19
Dec-19
May-20
Oct-20
Mar-21
Aug-21
Jan-22
YOY Percent
Case-Shiller 20 City U.S. Home Price Index
YOY % Increase
200
300
400
500
600
700
800
900
1,000
1,100

3.0 3.5

4.0 4.5

5.0 5.5

6.0 6.5

7.0 Jan-14
Jul-14
Jan-15
Jul-15
Jan-16
Jul-16
Jan-17
Jul-17
Jan-18
Jul-18
Jan-19
Jul-19
Jan-20
Jul-20
Jan-21
Jul-21
Jan-22
New-Thousands
Existing-Millions
U.S. New and Existing Home Sales
Existing-Left
New-Right
10 City Council Regular Meeting - Page 44 of 294
Economic and Market Update
Source: U.S. Treasury
7/31/2022
$12
$13
$14
$15
$16
$17
$18
$19
$20
$21
$22
$23
$24
$25
$26
$27
$28
$29
$30
$31
$32
Jul-12
Jan-13
Jul-13
Jan-14
Jul-14
Jan-15
Jul-15
Jan-16
Jul-16
Jan-17
Jul-17
Jan-18
Jul-18
Jan-19
Jul-19
Jan-20
Jul-20
Jan-21
Jul-21
Jan-22
Trillions
U.S. Federal Debt Outstanding

1.3 1.5

1.7 1.9

2.1 2.3

2.5 2.7
Jul-12
Jan-13
Jul-13
Jan-14
Jul-14
Jan-15
Jul-15
Jan-16
Jul-16
Jan-17
Jul-17
Jan-18
Jul-18
Jan-19
Jul-19
Jan-20
Jul-20
Jan-21
Jul-21
Jan-22
Percent
U.S. Treasury Interest Bearing Debt Avg Rate
11 City Council Regular Meeting - Page 45 of 294
Economic and Market Update
Fed Funds Anticipated Rate from the June 15, 2022 FOMC Meeting Source: Bloomberg
7/31/2022

0.00 0.50

1.00 1.50

2.00 2.50

3.00 3.50

4.00 Jul-2022
Aug-2022
Sep-2022
Oct-2022
Nov-2022
Dec-2022
Jan-2023
Feb-2023
Mar-2023
Apr-2023
May-2023
Jun-2023
Jul-2023
Aug-2023
Sep-2023
Oct-2023
Nov-2023
Dec-2023
Jan-2024
Feb-2024
Mar-2024
Apr-2024
May-2024
Jun-2024
Jul-2024
Aug-2024
Sep-2024
Oct-2024
Nov-2024
Dec-2024
Jan-2025
Feb-2025
Mar-2025
Apr-2025
May-2025
Jun-2025
Percent
Fed Funds FuturesFed's Anticipated Rates
Fed Funds Futures
12 City Council Regular Meeting - Page 46 of 294
Economic and Market Update
Source: Bloomberg
Figures may not total due to rounding
3M
Maturity
-0.072.962.892Y

0.162.782.941Y

0.382.492.866M

0.701.672.36

2.65 3.02 -0.37
Change6/30/227/29/22
7/31/2022
3Y 2.81 3.01 -0.20
30Y 3.01 3.19 -0.17
5Y 2.68 3.04 -0.36
10Y

0.0 0.5

1.0 1.5

2.0 2.5

3.0 3.5
3M 6M 1Y 2Y 3Yr 5Y 10Y 30Y
Percent
U.S. Treasury Yield Curve Change
7/29/22
6/30/22
-60
-40
-20
0 20
40 60
80 3M
6M
1Y
2Y
3Yr
5Y
10Y
30Y
Basis Points
Basis Point Change
13 City Council Regular Meeting - Page 47 of 294
Economic and Market Update
Source: Bloomberg
7/31/2022

0.00 0.25

0.50 0.75

1.00 1.25

1.50 1.75

2.00 2.25

2.50 2.75

3.00 Jun-17
Sep-17
Dec-17
Mar-18
Jun-18
Sep-18
Dec-18
Mar-19
Jun-19
Sep-19
Dec-19
Mar-20
Jun-20
Sep-20
Dec-20
Mar-21
Jun-21
Sep-21
Dec-21
Mar-22
Jun-22
Percent
U.S. Treasury Yields: 3M and 1Y
1Y
3M

0.00 0.25

0.50 0.75

1.00 1.25

1.50 1.75

2.00 2.25

2.50 2.75

3.00 3.25
Jun-17
Sep-17
Dec-17
Mar-18
Jun-18
Sep-18
Dec-18
Mar-19
Jun-19
Sep-19
Dec-19
Mar-20
Jun-20
Sep-20
Dec-20
Mar-21
Jun-21
Sep-21
Dec-21
Mar-22
Jun-22
Percent
U.S. Treasury Yields: 2Y and 5Y
5Y
2Y
14 City Council Regular Meeting - Page 48 of 294
Economic and Market Update
Source: Bloomberg
7/31/2022
0 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
Jan-54
Jan-56
Jan-58
Jan-60
Jan-62
Jan-64
Jan-66
Jan-68
Jan-70
Jan-72
Jan-74
Jan-76
Jan-78
Jan-80
Jan-82
Jan-84
Jan-86
Jan-88
Jan-90
Jan-92
Jan-94
Jan-96
Jan-98
Jan-00
Jan-02
Jan-04
Jan-06
Jan-08
Jan-10
Jan-12
Jan-14
Jan-16
Jan-18
Jan-20
Jan-22
Percent
U.S. Treasury Yields 2Yr and 5Yr - Fed Funds Target Rate 5Yr
2Yr
Fed Funds
15 City Council Regular Meeting - Page 49 of 294
Economic and Market Update
Source: Bloomberg
7/31/2022
Global Treasury Rates
2 Year Yields 5 Year Yields 10 Year Yields
-0.09%
-0.05%

0.18%

0.26%

0.46%

0.53%

1.36%

1.70%

2.43%

2.88%

2.96%
-4.0% -2.0% 0.0% 2.0% 4.0%
Japan
Switzlnd
France
Germany
Portugal
Spain
Italy
England
Australia
USA
Canada
-0.03%

0.09%

0.52%

0.89%

1.03%

1.05%

1.58%

2.22%

2.61%

2.68%

2.78%
-2.0% 0.0% 2.0% 4.0%
Japan
Switzlnd
Germany
France
Portugal
Spain
England
Italy
Canada
USA
Australia

0.18%

0.40%

0.81%

1.38%

1.84%

1.86%

1.91%

2.61%

2.65%

3.01%

3.06%

0.0% 1.0% 2.0% 3.0% 4.0%
Japan
Switzlnd
Germany
France
Portugal
England
Spain
Canada
USA
Italy
Australia
16 City Council Regular Meeting - Page 50 of 294
Economic and Market Update
ICE BofAML Index (option adjusted spread vs. Treasury) ICE BofAML Index (option adjusted spread vs. Treasury) 1-5Yr Non-Callable Agency (GVPB) Corporate A-AAA Excluding Yankee (CVAC) Source: ICE BofAML Indices
7/31/2022
Current Spread is 5 Current Spread is 66
-20
0 20
40 60
80 100
120
140
160
180
200
Jun-08
Jun-09
Jun-10
Jun-11
Jun-12
Jun-13
Jun-14
Jun-15
Jun-16
Jun-17
Jun-18
Jun-19
Jun-20
Jun-21
Jun-22
Basis Points
Spread: 1-5Yr Agency vs Treasury
0 50
100
150
200
250
300
350
400
450
500
550
600
650
Jun-08
Jun-09
Jun-10
Jun-11
Jun-12
Jun-13
Jun-14
Jun-15
Jun-16
Jun-17
Jun-18
Jun-19
Jun-20
Jun-21
Jun-22
Basis Points
Spread: 1-5Yr A-AAA Corporate vs Treasury
17 City Council Regular Meeting - Page 51 of 294
Economic and Market Update
*ICE BofAML Index (option adjusted spread vs. Treasury) *ICE BofAML Index (option adjusted spread vs. Treasury) AAA Rated ABS (R0A1) CMO Agency 0-3Yr PAC (CM1P)
Source: ICE BofAML Indices
7/31/2022
Current Spread is 98 Current Spread is 47
0 50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
Jun-08
Jun-09
Jun-10
Jun-11
Jun-12
Jun-13
Jun-14
Jun-15
Jun-16
Jun-17
Jun-18
Jun-19
Jun-20
Jun-21
Jun-22
Basis Points
Spread: AAA Asset Backed vs Treasury
-150
-100
-50
0 50
100
150
200
250
300
Jun-08
Jun-09
Jun-10
Jun-11
Jun-12
Jun-13
Jun-14
Jun-15
Jun-16
Jun-17
Jun-18
Jun-19
Jun-20
Jun-21
Jun-22
Basis Points
Spread: 0-3Yr Agency CMO vs Treasury
18 City Council Regular Meeting - Page 52 of 294
Economic and Market Update
Source: Bloomberg
7/31/2022
-2.9 -2.5
-0.8

0.1 0.4

1.2 1.6

2.4 2.5 3.0

4.1 4.3

5.2 6.6 6.8 6.8

8.6 9.2

9.9 10.1

10.9 12.6
(4)
(2)
0 2
4 6
8 10
12 14
Percent
Selected Sector Monthly Total Returns
19 City Council Regular Meeting - Page 53 of 294
Economic and Market Update
Source: Bloomberg
7/31/2022
-20.1 -19.8 -19.7 -16.7 -13.8 -13.0
-9.6 -9.0 -8.1 -6.4 -5.7 -5.0 -4.7 -4.3 -4.2 -3.8 -3.3 -3.2 -0.2

14.2 30.1

54.1 (30)
(20)
(10)
0 10
20 30
40 50
60 Percent
Selected Sector Year-Over-Year Total Returns
20 City Council Regular Meeting - Page 54 of 294
Economic and Market Update
Source: Bloomberg, FHN Main Street
7/31/2022

2.50 2.60

2.70 2.80

2.90 3.00

3.10 3.20
6/30/22
7/1/22
7/2/22
7/3/22
7/4/22
7/5/22
7/6/22
7/7/22
7/8/22
7/9/22
7/10/22
7/11/22
7/12/22
7/13/22
7/14/22
7/15/22
7/16/22
7/17/22
7/18/22
7/19/22
7/20/22
7/21/22
7/22/22
7/23/22
7/24/22
7/25/22
7/26/22
7/27/22
7/28/22
7/29/22
7/30/22
7/31/22
Percent
5 Year Treasury Note Yield
Fed Hikes Rates

0.75%
Q2 GDP -0.9%
Second Consecutive
Quarterly Decline
June CPI +1.3%
Strong Jobs Report,
Will Likely Keep Fed
Aggressive Against
InflationFOMC Minutes Show
More Restrictive Rates
May Be Needed
Philly Fed Index Drops
to -12.3
21 City Council Regular Meeting - Page 55 of 294
Economic and Market Update
NI USS
Source: Bloomberg, FHN Main Street
7/31/2022
30,000
30,500
31,000
31,500
32,000
32,500
33,000
6/30/22
7/1/22
7/2/22
7/3/22
7/4/22
7/5/22
7/6/22
7/7/22
7/8/22
7/9/22
7/10/22
7/11/22
7/12/22
7/13/22
7/14/22
7/15/22
7/16/22
7/17/22
7/18/22
7/19/22
7/20/22
7/21/22
7/22/22
7/23/22
7/24/22
7/25/22
7/26/22
7/27/22
7/28/22
7/29/22
7/30/22
7/31/22
Dow Jones Industrial Average
Big Tech Firms Plan To
Slow Hiring
Fed Hikes Rates 0.75%June Retail Sales
Beat Expectations
Fed Chair Powell
Doesn't See
Recession As Likely
US And Chinese
Officials Discuss
Rolling Back Tariffs
Nord Stream Pipeline To
Restart Gas Flow From Russia
To Europe
Bullard And Waller
Downplay Recession
Fears
22 City Council Regular Meeting - Page 56 of 294

KEY POINTS
 Nonfarm payrolls rose 528,000 for the month and the unemployment rate was 3.5%, easily topping the Dow Jones estimates of 258,000 and 3.6%, respectively.
 Wage growth also surged, as average hourly earnings jumped 0.5% for the month and 5.2% from a year ago, higher than estimates.
 Traders are now pricing in a higher likelihood of a 0.75 percentage point hike for the next Federal Reserve meeting in September.

Hiring in July was far better than expected, defying multiple other signs that the economic recovery is losing steam, the Bureau of Labor Statistics reported Friday.

Nonfarm payrolls rose 528,000 for the month and the unemployment rate was 3.5%, easily topping the Dow Jones estimates of 258,000 and 3.6%, respectively. The unemployment rate is now back to its pre-pandemic level and tied for the lowest since 1969, though the rate for Blacks rose 0.2 percentage point to 6%.

Wage growth also surged higher, as average hourly earnings jumped 0.5% for the month and 5.2% from the same time a year ago. Those numbers add fuel to an inflation picture that already has consumer prices rising at their fastest rate since the early 1980s. The Dow Jones estimate was for a

0.3% monthly gain and 4.9% annual increase.

More broadly, though, the report showed the labor market remains strong despite other signs of economic weakness.
“There’s no way to take the other side of this. There’s not a lot of, ‘Yeah, but,’ other than it’s not positive from a market or Fed perspective,” said Liz Ann Sonders, chief investment strategist at Charles Schwab. “For the economy, this is good news.”
Markets initially reacted negatively to the report as traders anticipated a strong counter move from a Federal Reserve looking to cool the economy and in particular a heated labor market. However, the Dow Jones Industrial Average ended the day positive, rising about 74 points following a day of choppy trading.

Leisure and hospitality led the way in job gains with 96,000, though the industry is still 1.2 million workers shy of its pre-pandemic level.

Professional and business services was next with 89,000. Health care added 70,000 and government payrolls grew 57,000. Goods-producing industries also posted solid gains, with construction up 32,000 and manufacturing adding 30,000.

Retail jobs increased by 22,000, despite repeated warnings from executives at Walmart, Target and elsewhere that consumer demand is shifting.

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A more encompassing view of unemployment that includes those holding part-time jobs for economic reasons as well as discouraged workers not looking for jobs was unchanged at 6.7%.

Despite downbeat expectations, the July gains were the best since February and well ahead of the 388,000 average job rise over the past four months. The BLS release noted that total nonfarm payroll employment has increased by 22 million since the April 2020 low when most of the U.S. economy shut down to deal with the Covid pandemic.

Previous months’ totals were revised slightly, with May raised by 2,000 to 386,000 and June up 26,000 to 398,000.
“The report throws cold water on a significant cooling in labor demand, but it’s a good sign for the broader U.S. economy and worker,” Bank of America economist Michael Gapen said in a client note.

The BLS noted that private sector payrolls are now higher than the February 2020 level, just before the pandemic declaration, though government jobs are still lagging.

The unemployment rate ticked down, the result both of strong job creation and a labor force participation rate that declined 0.1 percentage point to 62.1%, its lowest level of the year.

Economists have figured job creation to begin to slow as the Federal Reserve raises interest rates to cool inflation running at its highest level in more than 40 years.

The strong jobs number coupled with the higher-than-expected wage numbers led to a shift in expectations for September’s expected rate increase. Traders are now pricing in a higher likelihood of a 0.75 percentage point hike for the next meeting, which would be the third straight increase of that magnitude.
“One the one hand, it gives the Fed more confidence that it can tighten monetary policy without leading to a widespread rise in unemployment,” said Daniel Zhao, lead economist for job review site Glassdoor. “But it also shows that the labor market isn’t cooling, or at least wasn’t cooling as fast as anticipated. ... At the very least, even though it’s a surprise, I think the Fed is still on track to continue tightening monetary policy.”
The Fed has raised benchmark interest rates four times this year for a total of 2.25 percentage points. That has brought the federal funds rate to its highest level since December 2018.

The economy, meanwhile, has been cooling significantly.

Gross domestic product, the measure of all goods and services produced, has fallen for the first two quarters of 2022, meeting a common definition of a recession. White House and Fed officials as well as most Wall Street economists say the economy likely is not in an official recession, but the slowdown has been clear.
“The recession debate at this point is more academic than anything else,” said Sonders, the Schwab strategist. “You can’t deny that growth has weakened. That’s the only point in bringing up two quarters of negative growth in GDP.”
City Council Regular Meeting - Page 58 of 294
The Fed rate hikes are aimed at slowing the economy, and in turn a labor market in which job openings still outnumber available workers by a nearly 2-to-1 margin. Bank of America said this week that its proprietary measures of labor market momentum show an employment picture that is still strong but slowing, due in large part to central bank policy tightening.

The biggest reason for the retrenchment has been inflation that has been much stronger and more persistent than most policymakers had anticipated. Prices jumped 9.1% in June from a year ago, the fastest rate since November 1981.

Correction: Prices jumped 9.1% in June from a year ago. An earlier version misstated the month.

City Council Regular Meeting - Page 59 of 294
Agenda Item # 10.

AGENDA STAFF REPORT
DATE:

August 16, 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:

APPROVAL OF SPECIAL EVENT PERMIT – CIRCUS ALEGRIA
Recommendation:

Background:

The City has received a Special Event Permit Application from Circus Alegria for the operation of circus at 3000 East Imperial Highway beginning September 6, 2022 to September 26, 2022. This event will include a variety of acts, which include clowns, acrobats, trapeze, musicians, dancers, jugglers, etc. There will be no animal acts at this circus.

According to Chapter 4 “Licensing and Business Regulations” of the Lynwood Municipal Code, there are a number of activities that require a “special permit” from the City Council before approval of the Special Event Permit Application. One of those events is a circus.

Event Setup: September 6, 2022 through September 7, 2022 Actual Event: September 8, 2022 through September 25, 2022 Event Cleanup: September 26, 2022
Discussion and Analysis:

The City Council has the right to approve or deny a Special Permit. If a Special Permit is approved, the City Council has the right to impose reasonable restrictions or limitations to preserve public peace, safety/welfare, or which will tend to protect the life and property of others.

In reviewing the Special Event Permit Application submitted by Circus Alegria, all required documentation was provided to staff, which is described below. In addition, the application was circulated and approved by all relevant City Council Regular Meeting - Page 60 of 294
departments.

Detailed description of the event (i.e. tents, booths, rides, animals, parking etc) ·

Detailed site plan identifying locations of tent, booths, rides, animals and parking ·

Written permission from the property owner
·

Fire Department clearance
·

Sheriff Department clearance
·

Insurance policy
·

Applicable building permits (i.e. stage, generators, structures) ·

Business license related fees
·

Bond

Pursuant to the Master Fee Schedule, Circus Alegria will be required to pay a number of event fees, which are described below and total $5,615 approximately.

License Fee: $3,600 ($200 per day, 18 days total)
Fire Clearance Fee: $1,785 ($85 per day, 21 days total with set up and break down) Filling Fee: $30 (flat fee)
Building permits: $200 – approximately (i.e. generators, tent, ramps, handrails and bleachers)

Prior to final approval of the Special Event Permit Application, the City’s Building Inspector will inspect the facilities for compliance with all required building permits.

Fiscal Impact:

The total estimated revenue created by the proposed event is approximately $5,615.

Coordinated With:

N/A
ATTACHMENTS:

Description
Attachment A - Resolution
Attachment B - Special Event Permit Application
City Council Regular Meeting - Page 61 of 294
RESOLUTION NO.-------

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,

COUNTY OF LOS ANGELE S, STATE OF CALIFORN IA APPROVING
CIRCUS ALEGRIA SPECIAL EVENT PERMIT SEPTEMBER 6, 2022 – SEPTEMBER 26, 2022

WHEREAS, a request has been made by the Circus Alegria to operate a circus on vacant property located at the Southwest Corner of Beechwood Avenue and State Street, further described as 3000 East Imperial Highway and Assessor's Parcel Number 6169 - 003-017; and

WHEREAS, the purpose is to provide a tent show with animals to the residents of Lynwood.

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

Section 1. The City Council approves the special permit to allow Circus Alegria to operate from September 6, 2022 through September 26, 2022.

Section 2. The City Council further finds that all City and County laws and regulations must be obeyed and complied with during all activities of the event including but not limited to the following:

a) The applicant shall have in place, and shall provide to all of its appropriate agents and employees, an emergency evacuation plan to be reviewed and approved for the event by the Los Angeles County Fire Department and Los Angeles County Sheriff's Department.

b) All exterior tents, circus areas, and the like shall be subject to permit application and inspection by the Building Division prior to commencement of the event. All tents and temporary structures shall comply with Chapter 24 of the 2019 International Fire Code. Code requirements for separation of tents and other structures shall be observed.

c) All temporary power hook -ups or connections shall be approved by the Building Division prior to commencement of the event.

d) The applicant shall have a sufficie nt number of restrooms/portable toilet facilities, in locations that comply with barrier free requirements. All portable toilet facilities shall be regularly cleaned, and shall remain in a sanitary condition throughout the entire event, with additional cl eanings required depending on attendance at the event. Temporary water supplies shall be in accordance with Los Angeles County Health Department standards.

City Council Regular Meeting - Page 62 of 294
e) Emergency access to all areas of the property shall be maintained throughout the entire event.

f) The applicant shall secure from the Building Division the appropriate occupant load for the facility, including the temporary tent and/or seating areas. Such occupancy load shall not be exceeded during the event.

g) The Applicant shall post "No Event Parking" signs along the entire length of Beechwood Avenue, from State Street to Fernwood Avenue. Said signs shall be posted in locations as determined by the City's Pub lic Safety Manager from September 6, 2022 through September 26, 2022.

Section 3. This resolution shall be effective immediately upon its adoption.

Section 4. 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 16th day of August 2022.

________________________________
Jorge Casanova, Mayor

ATTEST:

_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AT TO CONTENT

_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager

City Council Regular Meeting - Page 63 of 294

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 the City of Lynwood at a regular meeting held in the City Hall of said City on the _______ day of __________, 2022, and passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing 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.

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Circus Alegria
Trash/Recycling Plan

Circus Alegria does not hire or contract with outside vendors or temporary workers. All staf
fing will be with workers that travel with the show. The staff is currently trained on proper sanitary and clean-up procedures. There is a staff of 20 people and while some people are working throughout the day, all of them are present from one hour before the first show of the day until after the show is over and clean-up is completed.

As opposed to a carnival where patrons wander all over the property and purchase food items throughout their stay, the circus limits the areas in which the public travels, therefore the major portion of the clean up will be in a limited area.

Staff continuously cleans up the entrance area throughout the time the show is open to the public so trash does not remain on the ground. Trash is cleaned up after each performance inside the tent. And, once each day, trash will be picked up in the parking area, which is expected to be minimal since most people consume items early in the show and are unlikely to bring trash back to their car.

A trash dumpster will be contracted for placement on the grounds. Several trash cans and recycle bins are available for public use in the circus entrance area. However, due to the na
ture of our operation, most people buy their food products and take them immediately into the tent where they sit down. They normally let their trash fall through the bleachers, where we clean it up after each show. For this reason, almost all of the trash remains insi
de the tent, making the possibility of it blowing around the property minimal.

Since sodas and water are served in plastic bottles and cans, our staff will put those, along with appropriate paper products into the recycle bins and transport them to an appropriate recycling facility or make arrangements with the dumpster company for their removal.

City Council Regular Meeting - Page 81 of 294

Circus Alegria Security Plan

NO GAMES OF CHANCE, NO RIDES, NO PERFORMING ANIMALS

NO ALCOHOL IS SOLD OR SERVED, NO OUTSIDE CONTRACTED VENDORS

Since Circus Alegria is a family show and attracts primarily families, in-house security has been suff
icient to provide appropriate crowd control. Since there is nothing to see other than the show itself, there are no people just loitering in the area. Crowds come at show time, enter the enclosed midway area and take their seats. After the show there is nothing else to see so they exit to their cars.

Many of the things that attract or encourage trouble or the necessity for police intervention will not be present at Circus Alegria. Alcohol will not be sold or served and there are no games of chance or mechanical rides. While a carnival attracts ages 12 - 22, a prime age for those who cause trouble, C
ircus Alegria primarily attracts children of elementary school ages or younger along with their pa
rents and grandparents.

Circus Alegria has its own security team consisting five uniformed (unarmed) security personnel. T he
uniforms consist of matching Circus Alegria shirts and pants. This low key approach to security maintains t
he atmosphere of family fun. If requested, the security team can wear uniforms that identify them as security.

All sec
urity will be scheduled one hour before each performance and stay 30 minutes after the performance. Security personal will be stationed both inside and outside the tent as well as next to the ticket booth.

Security Personnel will have access to walkie-talkies for communication between themselves in addition to cell phones that can be used to call additional personnel as well as local police or fire, if it becomes necessary.

Further, the layout of the Circus Alegria tent has more exists than are required by State Codes and the tot
al number of feet on those exists also exceeds state requirements. While Circus Alegria only seats up 800 seats, we expect an average attendance of 200 people per show in, making the exiting far more than ne
eded.

All requirements for aisles, lighting, electrical, generators, fire extinguishers and other safety issues are met or exceeded by Circus Alegria. In case of emergency, the exits lead to the fire lane, which is always kept unobstructed, making an easy path of escape for patrons.

C
ircus Alegria is expecting inspections by the local Fire Department as well as the city building de
partment (if required) and the County Health Department. This will assure that we are meeting all those requirements for public safety.

Circus Alegria has trained first aid staff on site along with a first aid station.

City Council Regular Meeting - Page 82 of 294

Plaza Mexico
Lynwood, CA
September 8 - 25, 2022
Set up: September 6 -7

Show Times:

Thursday, September 8 7:30
Friday, September 9 7:30
Saturday, September 10 2:00 4:30 7:30
Sunday, September 11 2:00 4:30 7:30
Monday, September 12 7:30
Tuesday, September 13 7:30
Wednesday, September 14 7:30
Thursday, September 15 7:30
Friday, September 16 7:30
Saturday, September 17 2:00 4:30 7:30
Sunday, September 18 2:00 4:30 7:30
Monday, September 19 7:30
Tuesday, September 20 7:30
Wednesday, September 21 7:30
Thursday, September 22 7:30
Friday, September 23 7:30
Saturday, September 24 2:00 4:30 7:30
Sunday, September 2 2:00 4:30 7:30

Tear Down: August 8

LENGTH OF SHOW: Approximately one and one-half hours

EXPECTED ATTENDANCE: 200 per performance

NO GAMES OF CHANCE
NO MECHANICAL RIDES

NO PERFORMING ANIMALS

NO ALCOHOL IS SOLD OR SERVED

NO OUTSIDE CONTRACTED VENDORS

Circus Management provides in-house security guards. Management carries cell phone in case of 911 Emergency

Circus Alegria is completely self-contained with its own generator. A source of water is usually provided to the circus by the venue on which the circus conducts business.

Circus Alegria has rents porta-potties, including a handicap accessible porta-potty from local sanitation companies.

Since Circus Alegria is a family show and attracts primarily families, in-house security is normally sufficient to provide appropriate crowd control. The security can use cell phones to contact local law enforcement if the need exists.

City Council Regular Meeting - Page 83 of 294
& L U F X V $ U H D
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City Council Regular Meeting - Page 86 of 294
Product Marketed by:

SERGE FERRARI
1460 SW 6TH COURT Issue Date : 06/14/2022
POMPANO BEACH Expiration Date : 06/30/2023
33069
This product meets the minimum requirements of flame resistance established by the California State Fire Marshal for products identified in Section 13115, California Health and Safety Code.

The scope of the approved use of this product is provided in the current edition of the

CALIFORNIA APPROVED LIST OF FLAME RETARDANT CHEMICALS AND FABRICS, GENERAL AND LIMITED APPLICATIONS CONCERNS published by the California State Fire Marshal.

Issued By Vikkie Raby
Fire Engineering License Manager
Fire Engineering Division
Reviewed and Approved By Patricia Setter
Deputy State Fire Marshal III
Fire Engineering Division

OFFICE OF THE STATE FIRE MARSHAL
Please visit calfire.govmotus.org for more information on Licensing and Permitting with CAL FIRE Fabric Registration
LICENSE NUMBER: F-044408

FLAME RETARDANT

Page 1 of 1 ends

City Council Regular Meeting - Page 87 of 294

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDLSUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
PRODUCER CONTACTNAME:

FAXPHONE (A/C, No):(A/C, No, Ext):E-MAILADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOSHIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION$ $

PER OTH-STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE$
If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE 7/27/2022 ON THE ROAD INSURANCE 16225 Devonshire Street Granada Hills, CA 91344 0I92456

SERGIO MALDONADO
(818)849-5315 (866)375-1560
[email protected]

ALEGRIA BROTHERS INC CIRCO ALEGRIA 7646 KESTER AVE VAN NUYS, CA 91405 956-509-3991 CAPITOL SPECIALTY INSURANCE CO 10328

A
X
X

BR20220272-01 2/16/22 2/16/23 2,000,000
5,000 2,000,000 3,000,000
3,000,000

Additional Insured: City of Lynwood, it elected officials, employees and representatives City: Lynwood, CA Dates: September 6 – 26, 2022 Location: Parking Lot adjacent Plaza Mexico, 3000 E. Imperial Hwy
City of Lynwood
11330 Bullis Rd Lynwood, CA 90262

City Council Regular Meeting - Page 88 of 294

July 21, 2022

Re: 3000 E. Imperial, LLC

To whom it may concern:

Please be advised that 3000 E. Imperial, LLC as granted Alegria Brothers, Inc., dba Circus Alegria a right to be on the property known as 3000 E. Imperial Hwy Lynwood CA 90626 from September 5th 2022 through September 26, 2022.

If you have any further question regarding this letter, please feel free to contact me via my email [email protected].

Thank you,

Connie Kim,
Property Manager

City Council Regular Meeting - Page 89 of 294
Agenda Item # 11.

AGENDA STAFF REPORT
DATE:

August 16, 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:

Findings of Emergency Actions

On April 5, 2022, the City Council found that
there is substantial evidence in the record demonstrating that the patio wall shows major signs of compromised structural deficiencies, the pool deck shows evidence of detaching City Council Regular Meeting - Page 90 of 294
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 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 91 of 294
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 92 of 294
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 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.

Section 2. That the City Council 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. This Resolution shall take effect immediately upon its adoption.

Section 4. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED and ADOPTED this 16th day of August, 2022.

______________________________
Jorge Casanova
Mayor
ATTEST:

___________________________ ______________________________ María Quiñónez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

__________________________ ______________________________ Noel Tapia Mir T. Fattahi
City Attorney Acting City Engineer
City Council Regular Meeting - Page 93 of 294
3 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resoluti on was passed and adopted by the City Cou ncil of the City of Lynwood at a regular meeting held on the 16th day of August 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 16th day of August 2022.

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 94 of 294
Agenda Item # 12.

AGENDA STAFF REPORT
DATE:

August 16, 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 A PROFESSIONAL SERVICE AGREEMENT WITH

RAMBOLL FOR THE CONTINUED ADVISORY AND IMPLEMENTATION SERVICES INCLUDING COMPLETION OF A REMEDIAL ACTION PLAN ("RAP") AND

REMEDIATOIIN OF ENVIRONMENTALLY IMPACTED AREAS AT AND AROUND 11600 LONG BEACH BOULEVARD BASED ON THE AWARD OF THE DTSC-ECRG GRANT
Recommendation:

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

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

AUTHORIZING THE THIRD AMENDMENT TO A PROFESSIONAL SERVICE AGREEMENT WITH

RAMBOLL TO EXTEND THE TERM OF THE AGREEMENT AND INCREASE THE ALLOCATION TO A NOT TO EXCEED AMOUNT OF $4,387,4920 FOR ENVIRONMENTAL SERVICES RELATED TO THE SCOPE OF WORK OUTLINED IN THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL –

EQUITABLE

COMMUNITY REVITALIZATION GRANT (DTSC-ECRG) AT PROPERTY LOCATED AT AND AROUND 11600 LONG BEACH BOULEVARD BASED ON THE AWARD AND CONTRACT OF THE DTSC-ECRG GRANT; AND, ALLOCATE AN APPROPRIATION FROM THE 11600 LONG BEACH DTSC-ECRG ACCOUNT TO COVER COST OF SAID PROFESSIONAL SERVICE AGREEMENT.”

Background:

In 2014, the City of Lynwood achieved a settlement of a case brought by the City against the former owners and contaminators of 11600 Long Beach Boulevard (“Site”), where underground gasoline storage tanks associated with a former gas station and spills from a former dry cleaner operation leaked into the groundwater and soil in the area. The Site has been the subject of ongoing investigation and cleanup activities over two decades. The City received cash, real property, and other assets as part of the settlement.

To move the remediation process forward, sampling and testing was conducted and the preparation of a draft outline Remedial Action Plan ("RAP") for consideration by the California Regional Water Quality Control Board, Los Angeles Region, ("RWQCB") the lead regulatory agency overseeing cleanup was developed. The City allocated a portion of the settlement funds and approved a contract with Tetra Tech, Inc. (an environmental City Council Regular Meeting - Page 95 of 294
consultant) to commence work on the necessary corrective actions with oversight from the RWQCB.

On November 6, 2018, the City entered into a Professional Service Agreement ("Agreement") with Ramboll (who retained key Tetra Tech Staff) to provide advisory services in anticipation of the furtherance of redevelopment of the site. On June 16, 2020, the City Council approved an extension to the Agreement (First Amendment).

However, due to a number of issues including the COVID-19 pandemic, the project tasks were not fully completed by the expiration date. A Second Amendment entered into on August 17, 2021was further delayed due to the ongoing COVID-19 pandemic, vandalism of partially installed testing equipment, and continued consultation with the RWQCB and the Department of Toxic Substances Control ("DTSC").

In the Spring of 2020, biweekly project meetings and discussions with the City, RWQCB, DTSC, City legal counsel, and Ramboll commenced. These standing meetings have continued to date and have led to an understanding and agreement in principal on a remediation plan including an approach to test and develop a successful remediation cleanup of the site.

In November 2021 the Department of Toxic Substance Control - Equitable Community Revitalization Grant
(DTSC-ECRG) program was announced. This program provided remediation funding to lower income communities that had projects of significant noteworthiness for the community. The City submitted an initial draft application in December 2021 and a formal application in April 2022. In June 2022 the City was notified that it was awarded $4,874,991 to clean up a portion of the future North Gate Market Development.

As expected the bulk of the DTSC-ECRG grant is allocated to the physical cleanup associated with the final plan to be approved by the Water Board and DTSC. Currently it is anticipated that approximately $4,387,492 will be allocated to finalizing a RAP and actual cleanup activities on site, approximately $243,750 for contingency and $243,750 for administration and management of the Grant.

With the award of the DTSC-ECRG grant the City and Developer, are ready to move forward on this dynamic community project. Ramboll, and its senior advisor Leo Rebele, are prepared commence activities required by the WB and DTSC-ECRG contract to accomplish the cleanup. Based on this recent award, Ramboll has requested a Third Amendment to the Agreement, which includes a budget presented in the DTSC-ECRG grant application and the needed revisions to the Scope of Work.

Discussion and Analysis:

In the absence of responsibility taken on by other parties, the City is desirous of undertaking certain actions on a voluntary basis to ensure the protection of human health, safety, and the environment stemming from the hazardous material released into the soil and groundwater. Since the City’s involvement in the project Site, a variety of funding sources have been procured and administered by the City to advance of the completion of a development of a RAP and the environmental cleanup of the Site.

Staff in its efforts to determine a source of funding to get the project back on track with the remediation activities identified the DTSC-ECRG Grant application. Regular meetings with the RWQCB and DTSC, provided opportunity to further discuss the items required in a remediation plan that would be approved by the RWQCB, who has been the oversight agency for this site and project for the past decade. The Scope of Work identified over the past several years of discussions with the RWQCB has allowed the City, Developer and environmental consultant to further define the scope and costs. The Scope and Costs were the basis for the application for the DTSC-ECRG application and award.

It is important to note that the City, through its efforts and award of the $4.875 million DTSC-ECRG grant will provide sufficient funds to cleanup what is referred to the non-source property. The Developer has committed that it will provide approximately $1.4 million in private cleanup funds for the source (Kim) property, which is a small parcel that once had a gas station and dry cleaner located on the site. The future market development requires the entire site that includes the non-source property as well as the source property. Collectively, the site is approximately 4.7 acres in size. The cleanup for the combined site is estimated between $6.2 to $6.6 million. We currently anticipate sufficient funding to clean up the site for the market development from the DTSC-ECRG Grant and the Developers contribution.

City Council Regular Meeting - Page 96 of 294
The proposed Scope of Work, for this Third Amendment, would allow for not only satisfaction of the RWQCB and DTSC objectives, but also the City’s hopes for a long-awaited market. Remediation and development of the market will contribute to expediting the redevelopment of these properties located within the Lynwood Transit Area Specific Plan district.

The City entered into a Development Agreement with Lynwood Springs LLC, in July 2022 to redevelop the Site and several nearby properties in a manner consistent with the Lynwood Transit Area Specific Plan and the remediation of this site is crucial for future development of the Site and surrounding properties.

Entering into the Third Amendment is critical in achieving the steps and processes required to complete the implementation activities and remediation within the 24 month DTSC-ECRG grant time frame, which commenced on June 22, 2022.

Fiscal Impact:

There is no impact to the General Fund. The total contract cost would be paid through the $4.875 million awarded from the DTSC-ECRG grant. The grant will cover the administration and cleanup associated with the approved remediation plan for non-source properties associated 11600 Long Beach Boulevard future development.

Coordinated With:

City Manager's Office
City Attorney
Finance & Administration Services Department
ATTACHMENTS:

Description
Resolution
Attachment A - Third Amendment
Attachment B - Ramboll Proposal
Attachment C - ECRG/DTSC Grant Agreement
City Council Regular Meeting - Page 97 of 294
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING

THE THIRD AMENDMENT TO A PROFESSIONAL SERVICE

AGREEMENT WITH RAMBOLL TO EXTEND THE TERM OF THE

AGREEMENT AND INCREASE THE ALLOCATION TO A NOT TO
EXCEED AMOUNT OF $4,387,4920 FOR ENVIRONMENTAL SERVICES

RELATED TO THE SCOPE OF WORK OUTLINED IN THE
DEPARTMENT OF TOXIC SUBSTANCE CONTROL – EQUITABLE

COMMUNITY REVITALIZATION GRANT (DTSC-ECRG) AT PROPERTY
LOCATED AT AND AROUND 11600 LONG BEACH BOULEVARD

BASED ON THE AWARD AND CONTRACT OF THE DTSC -ECRG
GRANT; AND, ALLOCATE AN APPROPRIATION FROM THE 11600

LONG BEACH DTSC-ECRG ACCOUNT TO COVER COST OF SAID

PROFESSIONAL SERVICE AGREEMENT

WHEREAS, the City of Lynwood (“City”) has been notified by the Regional Water Quality Control Board, Los Angeles Region (“RWQCB”), that corrective action must be taken by responsible parties to ensure protection of human health, safety, and the environment due to unauthorized releases of hazardous material into the groundwater and soil in the vicinity of 11600 Long Beach Boulevard (“Site”); and

WHEREAS, in 2014, the City reached a settlement with responsible parties and the property owner of 11600 Long Beach Boulevard for purposes of addressing the contamination and acquired funds from said settlement necessary to undertake some of the costs of remediation required and City has expended the fund; and

WHEREAS, on November 6, 2018 the City approved a Professional Service s Agreements (“Agreement”) with Ramboll (“Consultant”) to provide environmental remediation services to the City including but not limited to advisory services, the design of pilot soil vapor extraction (SVE) system, which is necessary to determine the efficacy of an SVE system for remediation and will inform the Interim Remedial Action Plan (IRAP); and

WHEREAS, the total amount of the for these Agreements were allocated from the 11600 Long Beach Boulevard Settlement account; and

WHEREAS, on June 16, 2020, the City Council approved a First Amendment to the Agreement, which provided the first time extension; and

WHEREAS, due to a number of issues including vandalism, insurance reimbursement for the damaged equipment, the project tasks were not completed by the expiration date; and

City Council Regular Meeting - Page 98 of 294
WHEREAS, on August 17, 2021 a Second Amendment was approved and ongoing environmental research and site review continued while the Consultant worked through a number of impediments as related to the permitting and startup activities of the system and the ongoing COVID-19 pandemic; and

WHEREAS, the City in its efforts to remediate the site for future d evelopment initiated bi-weekly meetings with the RWQCB, DTSC, and Consultant commencing in Spring of 2020; and

WHEREAS, in March 2022, the City, RWQCB, DTSC and Consultant developed and achieved conceptual agreement and direction on a n outline for an interim remedial action plan for the non-source portion of the overall development site; and

WHEREAS, in June, 2022 the City was awarded a Department of Toxic Substance Control – Equitable Community Revitalization Grant (DTSC -ECRG) in the amount of $4,874,991 to remediate the development site for the proposed market; and

WHEREAS, the DTSC -ECRG grant has a twenty -four month expenditure and completion schedule which commenced in June 2022; and

WHEREAS, the City is required to act immediately and move forward, based on the DTSC-ECRG funding source to enter into a Third Amendment to the Agreement; and

WHEREAS, the City desires to get back on track with the remediation activities; and

WHEREAS, the Scope of Work described by the City in its DTSC -ECRG Grant includes services that Ramboll will perform , under the DTSC -ECRG contract grant requirements, on behalf of the City as the grant awardee which includes the cleanup portion of the awarded grant amount in the amount of approximately $4,387,991; and

WHEREAS, Ramboll will follow the requirements of the DTSC -ECRG contract entered into by the City for the grant; and

WHEREAS, in an effort to continue with the completion of the cleanup, development of the Site and to proceed with the tasks outlined in the Agreement’s Scope of Work, it is critical for the continuance of the remediation at the Site and the furtherance of development activities.

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

Section 1. The City Council of the City of Lynwood hereby authorizes the appropriation of $ 4,387,492 of the $4,874,991 from the DTSC-ECRG Grant for 11600 Long Beach Boulevard for environmental remediation services as approved by and under the terms of the DTSC-ECRG Grant award to the City.

City Council Regular Meeting - Page 99 of 294

Section 2. The City Council of the City of Lynwood hereby authorizes the City Manager, or his designee, to take necessary steps, including the execution of the Third Amendment to the Agreement and other related documents with the Consultant to undertake the implement ation of all related services under the Agreement’s Scope of Work.

Section 3. The City Council of the City of Lynwood authorizes, in a form approved by the City Attorney, a Third Amendment to the Agreement with Ramboll for a not to exceed amount of $4,387,492 for the period of June 22, 2022 to June 21, 2024, unless brought back to Council for an amendment and or extension.

Section 4. The Fiscal Year 2022-23 Budget will be amended by appropriating funds from the appropriate DTSC-ECRG Fund for the Site.

Section 5. This resolution shall become effective immediately upon its adoption.

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

PASSED, APPROVED and ADOPTED this 16rd day of August 2022.

________________________________
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 100 of 294

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 ____ day of August 2022, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________
Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

________________________
Maria Quinonez, City Clerk

City Council Regular Meeting - Page 101 of 294

THIRD AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF LYNWOOD AND RAMBOLL, U.S. CORPORATION

This third amendment (“Third Amendment”) is made as of August 16, 2022, for the purpose of amending the existing agreement dated November 6, 2018, by and between the CITY OF LYNWOOD (“City”), a municipal corporation, and RAMBOLL, U.S.

CORPORATION (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.

RECITALS

WHEREAS, on November 6, 2018, the Parties entered into a Professional Service Agreement (“Agreement”) authorizing the Consultant to provide environmental consulting services to the City including but not limited to the completion of a Remedial Action Plan (“RAP”) and groundwater monitoring at the site of 11600 Long Beach Boulevard; and

WHEREAS, on June 16, 2020, the City Council approved a First Amendment to the Agreement, which provided the first-time extension; and

WHEREAS, on August 17, 2021, the City Council approved a Second Amendment to the Agreement, which provided both a time extension and continuation of environmental advisory services to the City; and

WHEREAS, the Parties are desirous of a Third Amendment to the Agreement to provide Consultant with direction and budget to implement the terms and scope of work approved under the DTSC -ECRG Grant funding contract allocated to the non -source properties.

NOW, THEREFORE, the Parties hereto do hereby agree as follows:

SECTION 1. Section 2 of the original Agreement entered into on November 6, 2018, shall be amended to read:

Term of Agreement. This Agreement shall commence on June 22, 2022, (the “Commencement Date”) and terminate on June 21, 2024 (the “Termination Date”), unless sooner terminated pursuant to the provisions of this Agreement. In the event the Parties do not enter into a new agreement or amendment to this Agreement prior to the Termination Date and there is monetary value left in the Contract, this A greement shall continue on a month-to-month basis under the same terms for a period not to exceed six (6) months following the Termination.

Date with the sum invoiced during the six months following the Termination Date not to exceed the balance of the re maining not to exceed amount. If the Parties execute no new agreement by the end of the six-month period City Council Regular Meeting - Page 102 of 294
following the Termination Date, this Agreement shall terminate at the end of such six-month period.

SECTION 2. Section 3A of the original Agreement entered into on November 6, 2018, shall be amended to read:

Total payment to Consultant pursuant to this Agreement shall be billed on a time and material basis for amounts shown in Exhibit A and not exceed Four Million three Hundred Eighty -Seven Thousand Four Hundred and Ninety -Two Dollars ($4,387,492), which shall be payable as set forth in this Section 2 and requirements detailed in the terms of the DTSC -ECRG Grant Contract, Exhibit B.

CONSULTANT IS RESPONSIBLE FOR ENSURING CONSULTANT DOES NOT

EXCEED THE CONTRACTED AMOUNT AND IS REQUIRED TO FOLLOW THE CITY CONTRACT TERMS ENTERED INTO WITH DTSC -ECRG. The City shall not be responsible for compensation to Consultant beyond the not to exce ed amount stated herein without prior written authorization.

SECTION 3. All other terms, conditions, and provisions of the Agreement entered into on November 6, 2018, not in conflict with this Addendum, shall remain in full force and effect.

SECTION 4. The City Clerk shall certify to the adoption of this Amendment and hereafter the same shall be in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of August 16, 2022.

CITY OF LYNWOOD

By: ______________________________ _________________________ Jorge Casanova, Mayor Date

RAMBOLL, U.S. CORPORATION

By: ______________________________ _________________________ Leo Rebele, Date

ATTEST:

By: _________________________
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 103 of 294

APPROVED AS TO FORM:

By: ______________________
Noel Tapia, City Attorney

City Council Regular Meeting - Page 104 of 294

EXHIBIT A

C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\A940685F-7DEE-4ADD- A236-EC75BBF7DB1F\Lynwood, CA.6555.1.7-27-
22_Ramboll_Lynwood_Springs_Contract_Amendment-DTSC-ECRG_EX_A.docx 1/6
July 28, 2022

Ramboll
5 Park Plaza
Suite 500
Irvine, CA 92614
USA

T +1 949 261 5151
F +1 949 261 6202
www.ramboll.com
Ms. John Yonai
Director, Economic Development
City of Lynwood
11330 Bullis Road
Lynwood, CA 90062

CONTRACT AMENDMENT - INTERIM REMEDIAL ACTION AND

IMPLEMENTATION OF ECRG REMEDIAL PROGRAM

NORTHGATE MARKETS DEVELOPMENT PROJECT

LYNWOOD, CALIFORNIA
Dear Mr. Yonai:

As discussed, Ramboll previously committed to providing a dual phase extraction (DPE) system to the City of Lynwood and Northgate Gonzalez Real Estate (Northgate) at no cost (i.e., no monthly rental fee) for remediation of shallow soil vapor at the above-referenced property (the “Site”). The Amended contract was executed on August 17, 2021 (Second Amendment to Professional Services Agreement between City of Lynwood and Ramboll US Corporation). The purpose of installation of the remediation system was to reduce mass of contaminants at the site and to evaluate the effectiveness of the soil vapor extraction for the purpose of building protection systems to be installed in connection with the proposed project.

This program was designed as an Interim Remedial Action in connection with the proposed redevelopment project. Since the previous authorization for installation of a remediation system, Ramboll prepared a more formal Interim Remedial Action Plan (IRAP) on behalf of the City, which was approved by the Los Angeles Regional Water Quality Control Board (RWQCB) on December 7, 2021.

Due to the significant regulatory challenges encountered by the City and the project overall, implementation of the original interim remedial action was delayed while the IRAP was approved, and while the City applied for the Equitable Communities Revitalization Grant (ECRG).

Over the past several months, Ramboll assisted the City with the ECRG application on a pro-bono basis. Implementation of the pilot test program is now scheduled to be implemented as part of the overall cleanup being funded partly through the ECRG funds and partly through funds provided by Northgate.

BACKGROUND
The remediation system was targeted to be up and running in the latter part of 2019. Permitting activities included working with Southern California Edison (SCE) and Northgate’s dry utility contractor to ensure that adequate power was available.

The electrical connection was completed to the existing building’s power supply. In 2019, immediately before the system was to be turned on, the system was vandalized twice, resulting in the system having to be dismantled and scrapped.

Ramboll tendered a claim to our insurance company and received reimbursement for damages in August 2020. Accordingly, the City did not incur any charges in connection with the efforts City Council Regular Meeting - Page 105 of 294

2/6
undertaken in 2019. Following Ramboll’s receipt of reimbursement by our insurance carrier, Ramboll was able to commence with work again. Between August 2020 and December 2020 Ramboll was engaged in numerous permitting/startup activities in order to facility the startup of the system.

Following an arson-caused fire that resulted in the on-site building having to be demolished, permitting activities revealed that a completely new power drop would be needed. This included obtaining an address for the temporary power from the city, and the installation of temporary power pole on the Kim property. Working through these issues resulted in additional project delays.

During the process of obtaining electrical connection for the project, the ECRG application was prepared and submitted in March 2022. In early June 2022, the City received notification that the grant application was approved. The details of the grant program are provided in the attached ECRG application. A condition of the ECRG funding is that funds awarded have to be expended within two years and therefore only “shovel-ready” projects were selected. Since Ramboll’s Interim Remedial Action Plan (IRAP) was already approved by the Regional Water Quality Control Board, the expectation from the State is that implementation of the IRAP proceed immediately.

OBJECTIVES
The objectives of the work presented in this contract amendment are to:

1. Continue with the implementation of the pilot test program in order to support the overall remedial program.

2. Immediately implement all components of the remedial program specified in the IRAP and the ECRG application.

SCOPE OF WORK
The scope of work includes all components of the IRAP, as described in the ECRG application and summarized below. The envisioned cleanup approach comprises the most robust cleanup undertaken Soil
Remediation
during
development

Vapor
Mitigation
Downgradient
Barrier
Cut-off Wall
Source Area
Treatment
(TPH & PCE)
Free Product
Removal
Soil Vapor
Extraction
Groundwater
Monitoring
City Council Regular Meeting - Page 106 of 294

3/6
at the Site to date, and involves seven components, which include both developer-driven components as well as more general Site-wide approaches to meet the remedial objectives for the Project Area.

The envisioned cleanup is intended to be comprehensive in nature while addressing all media – free product, dissolved-phase groundwater, soil, and soil vapor. Due to the downgradient extent of the dissolved-phase groundwater plume, the proposed remedy envisions addressing the off-Site component by means of a downgradient cut-off wall/injection barrier, while simultaneously addressing the primary on-Site source area. The illustration below depicts the general remedial design concept. Further evaluation by means of a more focused feasibility study or pilot testing may be required to prepare an area-wide (i.e., encompassing the entire plume) remedial action plan and final design. Since treatment of the larger dissolved-phase plume (i.e., beyond the Project Area boundaries) at this time is considered cost-prohibitive a cut-off wall is the most cost-effective manner in which to address the larger plume in the short-term, while additional funding opportunities may be identified.

SCHEDULE

Ramboll is prepared to commence work on an immediate and ongoing basis in order to meet the aggressive schedule set forth under the ECRG program, with the goal of full implementation within a 2-year time period. The rough remedial schedule is presented below.

Additional Investigation 8/1/2022 10/15/2022
Feasibility Study/Remedial Action Plan (RAP) 11/15/2022 12/7/2022 Mitigated Negative Declaration 12/7/2022 12/7/2022
Remedy Design, if required by regulatory
agency 6/1/202 8/31/2022
Implementation/Field Work 9/1/2022 5/31/2024
Downgradient Injection Barrier
Remediation Concept Design – Aggressive Source Area Treatment Coupled With Downgradient Barrier/Cut-off Wall
City Council Regular Meeting - Page 107 of 294

4/6
Cleanup Report/Implementation Report 3/1/2024 5/31/2024

Project Phasing
The Northgate development project serves as a catalyst for achieving the comprehensive cleanup discussed above. Because the Northgate team plans to commence with construction as soon as possible), the cleanup is envisioned to be conducted in five distinct phases:

Phase I - Immediate source removal efforts by soil vapor extraction (SVE) and possible free product removal (pre-development)
Phase II - Soil management plan implementation, vapor mitigation, and remediation infrastructure installation as part of development
Phase III - Expansion of source removal efforts (SVE and free product removal) Phase IV - Source area treatment (in-situ chemical injection/bioremediation) and installation of downgradient barrier cut-off wall
Phase V - Long-term operation and maintenance

City Council Regular Meeting - Page 108 of 294

5/6
COST
The new contract price for remediation services in connection with the ECRG funding, not including City project management costs and regulatory agency fees (to be paid by City), and an additional 5 percent contingency, is $4,728,875. All work will be billed on a monthly basis in accordance with City and ECRG program requirements.

$2,852,250 $1,535,125 $4,387,375
Task
No. Task Task Descriptions (FY2022/23) (FY2023/24) 1 Preparation of Design Documents Remediation Design Documents $50,000 TOTAL $50,000 $0 $50,000
2 Agency Process Agency Coordination & Approval $30,000 TOTAL $30,000 $0 $30,000
3 VIMS Design VIMS Design Preparation & Approval $35,000 TOTAL $35,000 $0 $35,000
3 Capital Costs (Infrastructure Installation) Installation of Remediation Infrastructure $200,000 TOTAL $200,000 $0 $200,000
4 SMP Preparation and SMP Implementation During Grading Reporting & Oversight $150,000 TOTAL $157,500 $0 $157,500
5 Preparation of Operations and Maintenance (O&M) Plan Report Preparation & Approval $25,000 TOTAL $26,250 $0 $26,250
6 VIMS Installation Subcontractor oversight and verification $300,000 TOTAL $300,000 $0 $300,000
7 VIMS O&M Sampling and Observations (Startup O&M and Reporting) $30,000 $50,000 Laboratory Analyses $6,000
TOTAL $31,500 $56,000 $87,500
8 Preparation of SAP and QAPP Reports Preparation & Approval $22,000 TOTAL $22,000 $0 $22,000
9 Preparation of Baseline HHRA and Identification of Data GapsReports Preparation & Approval $25,000 TOTAL $25,000 $0 $25,000
10 Supplemental Soil Vapor, Soil, and Groundwater Sampling Well and Boring Installation $40,000 $25,000 Drilling Subcontractor $25,000 $15,000
Utility Locator Subcontractor $5,000 $2,500
Traffic Control Subcontractor $8,500 $7,000
Surveyor Subcontractor $5,000 $2,500
Waste Disposal Subcontractor $5,000 $3,850
Laboratory Analyses & Mobile Laboratory $20,000 $12,000 Other Miscellaneous (Equipment, Supplies) $2,500 $1,200 Report Preparation & Approval $15,000 $8,000
TOTAL $126,000 $77,050 $203,050
11 Supplemental HHRAs Report Preparation & Approval $35,000 $30,000 TOTAL $35,000 $30,000 $65,000
12 Bench Scale Testing Laborarotory/Subs $75,000 $26,500 TOTAL $75,000 $27,825 $102,825
13 Pilot Testing Contractors/Laborarotory/Subs $130,000 TOTAL $130,000 $0 $130,000
14 Preparation of Final Engineering Designs Final Report Preparation & Approval $45,000 TOTAL $45,000 $0 $45,000
15 Response Plan Implementation Capital Construction $65,000 $15,000 SVE $500,000 $550,000
Free Product Removal $300,000 $300,000
Downgradient Injection Barrier Installation $390,000 $350,000 Soil Management Plan Implementation & Limited Soil
Excavation $175,000
TOTAL $1,430,000 $1,215,000 $2,645,000
16 Groundwater and WDR Monitoring Program Groundwater and WDR Sampling $35,250 $35,250 Sampling Subcontractor $40,000 $40,000
Waste Disposal Subcontractor $10,500 $10,500
Laboratory Analyses $7,500 $7,500
Other (Equipment, Supplies) $10,750 $7,500
TOTAL $104,000 $100,750 $204,750
17 Risk Assessment Report Preparation & Approval $30,000 $28,500 Project Management
TOTAL $30,000 $28,500 $58,500
$2,852,250 $1,535,125 $4,387,375
Total Estimated Cost for Project $4,387,375
Total Estimated Cost Per Fiscal Year
TOTAL
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ASSUMPTIONS
 Electrical costs are estimated at 25,000 kwh/mo @ $0.15 /kwh.  Implementation of remedial program shall be in general accordance with the RWQCB-approved IRAP and subsequent addenda and/or final design documents to be prepared by Ramboll.  Access will be arranged by City and/or Northgate with assistance by Ramboll and RWQCB, as necessary.

CLOSING
We look forward to implementing the remedial program on behalf of the City in furtherance of the Northgate Markets redevelopment project. Please feel free to contact us with any questions or if you require additional information.

Sincerely,

Leo M. Rebele
Principal

D 949.798.3604
[email protected]
LR:rv

Attachment A: ECRG Application
City Council Regular Meeting - Page 110 of 294

Printed on Recycled Paper
June 6, 2022

Ernie Hernandez
11330 Bullis Road
Lynwood, California 90262
[email protected]

ECRG-2021-00528 AWARD LETTER: CITY OF LYNWOOD – LYNWOOD SPRINGS NON-SOURCE AREA PROPERTIES – NORTH, EAST AND SOUTH OF 11600 LONG BEACH BOULEVARD, LYNWOOD, LOS ANGELES COUNTY, CALIFORNIA – CES PERCENTILE 95

Dear Ernie Hernandez:

On behalf of the Department of Toxic Substance Control’s (DTSC)’s Office of Brownfields, we are pleased to inform you that the City of Lynwood’s Lynwood Springs Non-Source Area Properties Equitable Community Revitalization Grant (ECRG) Application to reimburse eligible Environmental Cleanup activities has been approved for costs up to $4,874,991.00. Congratulations!

Please sign and date the attached ECRG Terms and Conditions Agreement (Agreement), complete the attached Standard Forms STD 204 and STD 205 (Forms), and upload completed and signed forms to Fluxx by 11:59 PM on June 16, 2022.

DTSC will only reimburse eligible grant costs incurred after DTSC processes the Forms and executes the signed Agreement. If there are any corrections needed on the site or grantee information, please contact [email protected] immediately so we may send you an updated Award Letter.

The ECRG is an unprecedented opportunity to address the historically disproportionate impacts to communities and to revitalize land for public benefit. Thank you for your interest in creating healthier communities. Details on the ECRG project management team, eligible costs, any budget/scope amendments, and other ECRG implementation information will be provided after DTSC executes the Agreement.

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If you have any questions or concerns, please contact [email protected].

Sincerely,

Peter Garcia, Chief
Southern California Division
Site Mitigation and Restoration Program

Enclosure (4) - Grant Agreement
Grant Application
STD 204
STD 205

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Site Name Site Address
Lynwood Springs
Non-Source Area
Properties
North, East and
South of 11600
Long Beach
Boulevard
Lynwood,
California

Grantee/Applicant: City of Lynwood

Name: Ernie Hernandez
Organization: City of Lynwood
Address: 11330 Bullis Road
Lynwood, California 90262

Grant No. ECRG-2021-00528
Equitable Community Revitalization Grant
Agreement

This Equitable Community Revitalization Grant Agreement (AGREEMENT) is entered into by and between City of Lynwood (GRANTEE) and the Department of Toxic Substances Control (DTSC) (together the PARTIES).

RECITALS

WHEREAS,

A. Senate Bill 158 (2021) authorizes DTSC to implement a new grant program to investigate and clean up contaminated properties in communities overburdened by pollution.

B. Pursuant to Senate Bill 158, DTSC established the Equitable Community Revitalization Grant (ECRG), which provides financial assistance to communities via reimbursable grants to investigate and clean up brownfields through a competitive process.

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C. GRANTEE has submitted the application attached hereto as Exhibit A (ECRG Application) to DTSC for an ECRG in connection with certain property, or group of properties, commonly known as Lynwood Springs Non-Source Area Properties, in Lynwood, California (Site). The Site is depicted in the Site Map and Site Diagram in Exhibit B and Exhibit C, respectively, and incorporated herein by reference.

D. GRANTEE has provided documentation indicating that GRANTEE has written consent from the Site owner for GRANTEE to access the Site for the purposes of conducting ECRG Activities, which agreement is attached hereto as Exhibit D.

E. The CalEnviroScreen percentile score to the Site is 95. GRANTEE is proposing the following reuse and has described the following benefits to the vulnerable community:

“The proposed redevelopment project consists of a much-needed grocery store desired by the Lynwood community, in an area that has been identified as a "food desert" by the USDA. The grocery store will be run by Northgate Gonzalez Markets, a highly recognized Hispanic grocery store operator in Southern California. The grocery store will be located on non-source property, but a portion of the project will also include the former Garfield Express site, which is the source property and is located in the southwestern portion of the project area. This parcel is planned to be included in the development project, but will be used exclusively as surface parking for the project (i.e., no structure will be located on this parcel, other than possible future remediation infrastructure).

The proposed project, consisting of the Northgate market, Starbucks, and other retail uses on the reuse site, will create 225 permanent local long-term on-site jobs, with an estimated annual payroll of $8,500,000. In addition, there will be 250 short-term construction jobs, with an estimated payroll of $9,000,000. Additionally, there is a "hire local" agreement with the community with an anticipated 80% of employees will come from the immediate local area.

The site will provide access to a full-service grocery market for a community of 69,000 Lynwood residents, as well as the 97,000 residents in adjoining Compton and 38,000 residents in Watts. The poverty rate in Lynwood is

22.7%. One out of every 4.4 residents of Lynwood lives in poverty.

The site is located less than 800 feet to the Los Angeles Metro Light Rail Green Line Station, Metro Bus Line Station, and parking area and enjoys DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 114 of 294

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access to 220,000 daily automobile drivers on the Century 105 freeway and Long Beach Blvd. The Site adjoins the Century 105 Freeway, the construction of which bifurcated the local community and caused significant social and practical impacts that are just now being addressed. Despite the site's prime location next to a major transportation location, the site has been vacant for over a decade.

The Site is located in a federally-recognized “Food Desert” and upon the successful development of the reuse site, Northgate Markets will provide fresh vegetables, meat, milk and other necessary nutritious foods to a community that currently has no ready access to these amenities. Northgate Markets works with a host of non-profit organizations and will provide community benefits including but not limited to free health clinics, free breast cancer screenings, free testing and vaccinations, free nutritional programs and healthy cooking classes, food donations to help community members facing food insecurity, including special gifts at Thanksgiving and “surprise and delight” gifts to needy families in the community. Northgate Markets also provide educational scholarships and programs for elementary school children featuring store tours and promoting healthy eating. The community will also enjoy celebrations of cultural events including Dia de los Ninos, Cinco de Mayo, Dia de Los Muertos, and Christmas posadas. Finally, Northgate Markets also provides sponsorships for local community groups and faith-based organizations, focused on helping children and offering support for school bands, and youth sports teams/organizations.”

F. GRANTEE is willing to undertake the Proposed Reuse and requests DTSC provide ECRG funding to finance all, or a portion of: Environmental Cleanup activities up to $4,874,991.00.

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G. GRANTEE prepared a Scope of ECRG Activities attached hereto as Exhibit E.

H. GRANTEE prepared an ECRG Activities Budget Detail Table outlining activities to be completed within two (2) years from execution date of this AGREEMENT, attached hereto as Exhibit F.

I. GRANTEE provided a copy of the regulatory oversight agreement or application for oversight with a regulatory oversight agency. Attached hereto as Exhibit G is the final agreement. Regulatory oversight for Community-wide Assessment Grants is not required (but is still considered an allowable cost).

J. DTSC determined that the ECRG Application is complete and that GRANTEE and the Site meet the eligibility requirements to receive the ECRG.

NOW, THEREFORE, in consideration of the terms, conditions, recitals, and covenants contained herein, the PARTIES agree as follows:

I. The term of this ECRG shall be a period of twenty-four months (24) months from AGREEMENT execution date, unless DTSC extends this AGREEMENT in writing.

II. DTSC will allocate up to $4,874,991.00 to GRANTEE to complete the ECRG Activities within the specified two-year timeframe.

III. GRANTEE will carry out the ECRG Activities in accordance with all applicable State and local laws.

1. FUND CONDITIONS

1.1 GRANTEE understands and agrees that all ECRG funds DTSC, provided via the reimbursement process, shall be used solely for the ECRG Activities to address hazardous substances within the Site as depicted in Exhibit C.

1.2 GRANTEE further understands and agrees that the receipt of any ECRG funds and all work performed on the Site using ECRG funds are conditioned upon GRANTEE’s full compliance with this AGREEMENT and the regulatory oversight agency.

1.3 GRANTEE agrees to document and keep separate all expenditures of the ECRG funds within the approved ECRG Activities Budget Detail Table.

GRANTEE shall not exceed any of the costs shown in the approved ECRG DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 116 of 294

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Activities Budget. It is the responsibility of GRANTEE to pay any cost of the ECRG Activities that exceeds the ECRG allocated amount.

1.4 DTSC will disburse the approved amount to GRANTEE, subject to the availability of funds through normal DTSC reimbursement processes.

Notwithstanding any other provision of this AGREEMENT, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations.

2. CONTRACTING

2.1 If GRANTEE contracts for services to be reimbursed by the ECRG, those contracts shall generally be procured through a competitive process.

GRANTEE shall make available to DTSC, upon request, records of procurement to demonstrate that contract pricing represents reasonable market rates.

2.2 GRANTEE will undertake good faith efforts to contract for services and supplies with qualified Small Business Enterprises (SBEs), Disabled Veteran Enterprises (DVEs), and other disadvantaged and underrepresented group owned business enterprises.

3. EQUITABLE DEVELOPMENT GRANT COMMITMENTS

3.1 GRANTEE agrees to promote equitable development in one or more of the following ways:

3.1.1 Advance economic opportunity – Promote local entrepreneurs, enhance community-serving establishments and increase quality living wage jobs for local people.

3.1.2 Prevent displacement – Promote policies and actions that allow anyone who wants to live in a community to do so, especially current residents, and discourage displacement of viable small businesses that serve community needs.

3.1.3 Promote broader mobility and connectivity - Prioritize an effective and affordable public transportation network that supports transit- dependent communities and provides equitable access to core services and amenities, including employment, education, and health and social services.

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3. 1.4 Develop healthy and safe communities – Create built environments that enhance community health through public amenities (schools, parks, open spaces, complete streets, health care, and other services), access to affordable healthy food, improved air quality, and safe and inviting environments.

3. 1.5 Promote environmental justice – Eliminate disproportionate environmental burdens and ensure an equitable share of
environmental benefits for existing communities. Secure resources to mitigate and reverse the effects of environmental hazards past and present.

3.2 GRANTEE made the following measurable and quantifiable commitments in the Application, hereto attached as Exhibit H.

4. SI

TE ACCESS

4. 1 GRANTEE shall ensure DTSC's employees, contractors, and consultants have access to the Site at all reasonable times for the duration of AGREEMENT. Nothing in this AGREEMENT is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of law.

4. 2 GRANTEE shall allow DTSC to take photographs of the Site, including activities at the Site, whenever DTSC accesses the Site pursuant to this AGREEMENT.

5. PUBL

IC ENGAGEMENT

5. 1 GRANTEE shall ensure that all ongoing and/or planned community engagement requirements are implemented in a timely manner. This includes public notifications and opportunities for public involvement on the ECRG Activities and the Proposed Reuse.

5. 2 Upon request by DTSC, GRANTEE shall provide DTSC with copies of all community engagement activity related documents.

6. I

NVOICES

6. 1 GRANTEE shall submit invoice reimbursement packages, or invoice batches through the DTSC Fluxx Portal.

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6. 2 D ue to administrative costs required to process and reimburse invoices, Invoice reimbursement packages shall be submitted immediately whereupon the total $15,000 minimum per package/batch is reached (unless otherwise directed by DTSC), with the exception of the Final Invoice.

6. 3 The Final Invoice may be submitted upon completion of ECRG Activities, when no more costs will be incurred, but no later than 26 months from the date of ECRG Grant award, or as otherwise directed by DTSC.

6.4 Invoice reimbursement requests must contain at least the information in substance and form of Exhibit I attached hereto and the appropr iate invoices specific to the approved E CRG Activities and Budget Detail Table.

6. 5 GRANTEE’s reimbursement requests for ECRG project management costs, if approved, should also be presented to DTSC as an invoice following the format described in Exhibit I.

6. 6 Reimbursement requests shall include invoices supporting ECRG Activities specified in the Scope of ECRG Activities and associated Budget Detail Table.

6. 7 DTSC will process reimbursement payments for acceptable invoices submitted through Fluxx.

6. 8 GRANTEE shall ensure that none of the costs DTSC reimburses via the ECRG Grant are reimbursed by another source of public funding (e.g., DTSC’s Revolving Loan Fund Program or Site Cleanup Subaccount Program).

7. REPO
RTING

7. 1 GRANTEE must submit quarterly reports on or before April 30, July 31, October 30, and January 31 within the term of the ECRG Grant.

7. 2 Quarterly reports should follow the format DTSC provides, which may generally include ECRG Activity status and progress toward the Proposed Reuse, any hurdles that may affect the ECRG Activities or the Proposed Reuse, expended ECRG Grant funds for the quarter, and amount of ECRG Grant funds that are anticipated to be requested for reimbursement in the next quarter.

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7.3 All work on the ECRG Activities performed pursuant to this AGREEMENT and with ECRG Grant funds shall be performed in a manner that meets or exceeds industry standards.

8. PERMITS AND LICENSES

8.1 GRANTEE, at its sole cost and expense, and from sources other than the ECRG Grant funds, shall be responsible for obtaining all professional, and equipment qualifications necessary to be qualified to perform this work under federal, state and local law, including permits, licenses, approvals, certifications, and inspections. GRANTEE shall ensure that all such qualifications are maintained in good standing during the term of this ECRG Grant.

8.2 GRANTEE represents that none of the contractors or subcontractors undertaking the ECRG Activities is currently suspended, debarred, or otherwise declared ineligible to receive proceeds of the ECRG Grant funds.

9. PREVAILING WAGES

9.1 GRANTEE must carry out the ECRG Activities in accordance with State prevailing wages for all contracts and subcontracts and costs that will be reimbursed by ECRG Grant funds pursuant to California Labor Code Section 1720 et seq.

10. EQUAL EMPLOYMENT

10.1 GRANTEE shall comply with all State and Federal Equal Employment Opportunity laws.

11. ADA COMPLIANCE

11.1 GRANTEE will assure the State that it complies with the American with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. § 12101 et seq.).

12. GRANT CLOSEOUT

12.1 GRANTEE shall provide DTSC with a Grant Closeout Notice to notify DTSC when the ECRG Activities have been completed, and no later than the last day of the two-year period covered under the grant award.

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12.2 Within 60 days of submitting the Grant Closeout Notice, GRANTEE shall submit a closeout report, in the format DTSC provides, to summarize all actions taken, the resources committed, and any significant problems completing the ECRG Activities. The closeout report shall document that the ECRG Activities were performed in accordance with this AGREEMENT and regulatory agency oversight agreement. Closeout report shall include before and after photos of the site.

12.3 GRANTEE shall submit a Reuse and Grant Commitments letter report within 60 days following the completion of the Proposed Reuse. The report shall describe the Site’s new use, document performance of the Grant Commitments and include before and after photos of the Site.

13. NOTIFICATIONS

13.1 All notices, requests, instructions, or other documents to be provided hereunder to either party by the other, relating to grant execution and management, shall be addressed to the DTSC ECRG grant contact.

Documents related to environmental activities shall be shared with the regulatory oversight project manager in accordance with the regulatory oversight agreement.

To DTSC:

DTSC ECRG Grant Contact

Title: Brownfield Development Data Analyst
Address: 5796 Corporate Avenue, Cypress, California 90630 Email: [email protected]

To GRANTEE:

GRANTEE Organization Main Contact
Title: John Yonai
Address: 11330 Bullis Road, Lynwood, California 90262
Phone: (310) 603-0220
Email: [email protected]

GRANTEE ECRG Project Manager
Title: John Yonai
Organization: City of Lynwood
Phone: (310) 603-0220
Email: [email protected]
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13.2 GRANTEE shall not transfer ownership of the Site during the term of this AGREEMENT without DTSC’s prior written approval. GRANTEE shall provide at least 60-days advance notice in writing to DTSC of any prospective change in GRANTEE’s title, name, partnership, or ownership along with sufficient documentation to allow DTSC to review the changes and determine if GRANTEE will continue to meet ECRG eligibility requirements.

14. WAIVER

14.1 Any forbearance DTSC issues with respect to any provision in this AGREEMENT shall in no way constitute DTSC’s waiver of any rights or privileges granted hereunder.

14.2 No failure to exercise any power or right provided hereunder, or to insist on strict compliance with its obligations hereunder, shall constitute a waiver of right to DTSC’s demand at any time exact compliance with the terms hereof.

15. NONCOMPLIANCE AND TERMINATION

15.1 In the event GRANTEE fails to comply with any term, condition, or obligation of this AGREEMENT, GRANTEE shall be deemed in noncompliance of this AGREEMENT. Events by which GRANTEE shall be deemed to be in noncompliance include, but are not limited to, the following:

15.1.1 GRANTEE fails to timely respond to DTSC requests made in connection with this AGREEMENT;

15.1.2 GRANTEE fails to timely respond to regulatory entities providing oversight for the Site;

15.1.3 GRANTEE makes any false warranty, representation, or statement in, or in connection with, this AGREEMENT or the ECRG Application;

15.1.4 GRANTEE fails to provide complete or timely quarterly reports;

15.1.5 GRANTEE makes changes to the Proposed Reuse that cause the Site to no longer meet eligibility criteria for ECRG Grant;

15.1.6 GRANTEE fails to complete the ECRG Activities within the timeframe(s) required by this AGREEMENT;

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15.1.7 GRANTEE fails to provide notification of change in partnership and Site ownership without prior notification and written consent.

15.2 In the event of GRANTEE noncompliance, DTSC shall provide written Notice of Noncompliance to GRANTEE. The Notice of Noncompliance shall provide a reasonable time for GRANTEE to cure, not less than 10 calendar days from the date of the notice. If GRANTEE fails to cure the noncompliance to the satisfaction of DTSC within the time period prescribed in the Notice of Noncompliance, DTSC may terminate the ECRG Grant and pursue any remedies available at law or in equity.

15.3 If GRANTEE is in noncompliance, DTSC may immediately withhold from GRANTEE all or any portion of the ECRG funding until such time the noncompliance is cured pursuant to this AGREEMENT.

16. RECORD RETENTION, INSPECTION, AND DISCLOSURE

16.1 Within ten days of request by DTSC, GRANTEE shall provide DTSC with copies of Proposed Reuse plans to DTSC’s designated environmental project manager.

16.2 Within ten days of request by DTSC, GRANTEE shall provide DTSC with any documents or correspondence provided to the applicable regulatory oversight agency.

16.3 GRANTEE shall keep any applicable electronic data management system (e.g., EnviroStor or GeoTracker) up to date and in compliance with all electronic reporting requirements.

16.4 GRANTEE agrees to maintain financial and programmatic records pertaining to all matters relative to this ECRG Grant in accordance with generally accepted accounting principles and procedures. All such records and supporting documents shall be made available, upon request, for inspection or audit by DTSC or its representatives. GRANTEE shall retain all its records and supporting documentation applicable to this ECRG Grant for a period of five (5) years, after completion of ECRG Activities, except records that are subject to audit findings, which shall be retained an additional three (3) years after such findings have been resolved, if three years would extend retention past the initial five-year period.

16.5 GRANTEE agrees to permit DTSC or its designated representative to inspect and/or audit its records and books relative to this ECRG Grant at any time during normal business hours and under reasonable circumstances and to DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 123 of 294

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copy therefrom any information that DTSC deems relevant to this ECRG Grant. DTSC shall provide written notice to GRANTEE prior to implementing this provision. GRANTEE agrees to deliver the records or have the records delivered to DTSC or its designated representative at an address designated by such party.

16.6 Upon request by DTSC, GRANTEE shall provide DTSC with copies of photographs GRANTEE has in its possession of the Site and activities at the Site, as well as copies of drawings GRANTEE has in its possession in connection with the Proposed Reuse plans for the Site. GRANTEE grants DTSC the right to distribute, transmit, publish, or copy, in any medium, either in whole or in part, the photographs or drawings DTSC obtains pursuant to this AGREEMENT for any use, including, but not limited to, project documentation, public outreach, web and social media content, and marketing materials. This subsection does not apply to photos or drawings that contain confidential business information.

16.7 GRANTEE grants DTSC the right to distribute, transmit, publish, or copy, in any medium, either in whole or in part, narratives, descriptions, and any other information provided to DTSC by GRANTEE pursuant to or in connection with this AGREEMENT and/or ECRG Application for any use, including, but not limited to, public outreach, web and social media content, and marketing materials. This subsection does not apply to confidential business information.

16.8 To the extent GRANTEE submits information to DTSC under this AGREEMENT that it alleges is confidential business information, GRANTEE shall clearly identify the information as such.

16.9 GRANTEE agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this AGREEMENT and/or the ECRG Application shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act.

17. NON-DISCRIMINATION

17.1 During the performance of the ECRG, GRANTEE, its contractors, and subcontractors will comply with Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §11135-11139.5) prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 124 of 294

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condition, genetic information, marital status, or sexual orientation.

17.2 In compliance with Government Code section 11135, and if GRANTEE is a public entity, in compliance with Government Code sections 7290 et seq., GRANTEE agrees to make language assistance available free of charge to individuals with communication disabilities or limited proficiency in English, including interpreter services and written information in the prevalent languages in the community, in conducting public outreach and community engagement related to the ECRG Activities.

18. INDEMNIFICATION

18.1 GRANTEE agrees to protect, indemnify, defend and hold harmless, DTSC, its officers, administrators, agents, servants, employees and all other persons or legal entities to whom GRANTEE may be liable from, for or against any and all claims, demands, suits, losses, damages, judgments, costs and expenses, whether direct, indirect or consequential and including, but not limited to, all fees, expenses and charges of attorneys and other professionals, court costs, and other fees and expenses for bodily injury, including death, personal injury and property damage, arising out of or in connection with the performance of any work or any GRANTEE responsibility or obligation as provided herein and caused in whole or in part by any GRANTEE act, error, or omission, or GRANTEE agents, servants, employees, or assigns.

19. ASSIGNMENT

19.1 GRANTEE shall not assign or attempt to assign directly nor indirectly, any of its rights under this AGREEMENT or under any instrument referred to herein without DTSC’s prior written consent.

20. NO THIRD PARTY RIGHTS

20.1 This ECRG Grant is not intended to create or vest any rights in any third party, nor to create any third-party beneficiaries.

21. NO ORAL MODIFICATION

21.1 The terms of this AGREEMENT may not be amended except in writing, signed by all the parties hereto.

22. NONCOMPLIANCE STATUS

22.1 Under the laws of the State of California, GRANTEE shall not be:

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Equitable Community Revitalization Grant Agreement
City of Lynwood

Page 14 of 15 ends

Revised June 3, 2022

a. In violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district;

b. Subject to cease-and-desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or

c. Out of compliance with any applicable laws, ordinances, regulations, orders, and permits.

23. AFFIRMATION

23.1 The GRANTEE affirms that GRANTEE did not cause nor contribute to the release or threatened release of a hazardous substance at the Site(s) and is exempt from liability for any previous contamination at the Site(s).

24. SEVERABILITY

24.1 If any provision of this AGREEMENT shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired by such holding.

25. COUNTERPARTS

25.1 This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute the same instrument.

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Equitable Community Revitalization Grant Agreement
City of Lynwood

Page 15 of 15 ends

Revised June 3, 2022

IN THE WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS

AGREEMENT ON THE DATE SET FORTH BELOW AND GRANTEE ACCEPTS THE AFOREMENTIONED TERMS AND CONDITIONS ELECTRONICALLY.

City of Lynwood
A Public Entity

BY:

Ernie Hernandez, City Manager
Authorized Signatory

Date: _____________________________________________

Department of Toxic Substances Control
Site Mitigation and Restoration Program

BY:

Peter Garcia, Chief
Southern California Division

Date: _____________________________________________

References:

Exhibit A – Signed ECRG Application
Exhibit B – Site Map
Exhibit C – Site Diagram
Exhibit D – Site Access Agreement
Exhibit E – Scope of ECRG Activities
Exhibit F – ECRG Activities Budget Detail Table
Exhibit G – Regulatory Oversight Agreement
Exhibit H – Grant Commitments
Exhibit I – Summary of Costs Form*
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA 6/22/2022
City Council Regular Meeting - Page 127 of 294

Exhibit A – Signed ECRG Application

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▼
City of Lynwood

ID: R-202111-00528
Oversight:

Brownfield Coordinator:

Agreement Type:

Status: Initial Application Screening

Status

Initial Application Screening
Table of Contents
ECRG Overview
DTSC's Application Portal Tips

1. Application Type

2. Applicant and Site Eligibility

3. Application Contacts and Project Team

4. Site Information, CalEnviroScreen 3.0 Score, Site Use, and Site Photos

5. Ownership and Access

6. Responsibility for Contamination

7. Previous Environmental Activities

8. Regulatory Oversight Agency

9. ECRG Activities and Budget Detail

10. Community Engagement and Reuse Readiness

11. Contracts

12. Documents

13. Additional Information

14. Equitable Development Grant Commitments

15. Signature

ECRG Overview
California's 2021-22 budget authorizes DTSC to implement new programs to investigate and clean up contaminated properties in communities overburdened by pollution and provides funding over three years to implement them. These programs will prioritize protecting public health and facilitating the revitalization of overburdened communities.

DTSC’s Equitable Community Revitalization Grant (ECRG) will provide approximately $250M+ in grants for local governments, qualified 501 (c)(3) nonprofit organizations and Tribes to investigate and clean up brownfields through a competitive process. This unprecedented investment will create healthier, more economically viable and inclusive communities.

The ECRG Application Guidelines provide instructions to applicants for the completion of the ECRG application, and outlines DTSC’s process for selecting ECRG grant projects. To download the ECRG Application Guidelines please visit
dtsc.ca.gov/ecrg
.

Applications will be accepted until 11:59 PM PST on April 4, 2022. ECRG awards will be announced in spring of 2022.

All applicable questions must be answered, tables completed, and requested documents provided.

Incomplete applications may result in disqualification.

Applicants may be disqualified if it is determined that false warranty, representation, or statement has been made in, or in connection with the application.

DTSC’s ECRG Selection Committee will select applications for award based on the application’s scoring, equitable development commitments, the availability of funds, and any other factors and considerations identified in the ECRG Application Guidelines.

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DTSC's Application Portal Tips
Important Notes

Chrome is the preferred browser.

To edit a draft application or respond to a revision request select Edit
at the top right.

The portal does not auto-save. Be sure to
S
ave and Continue often
.

BOLD
text indicates a required field.

If the application portal is unresponsive, try clicking Save and Continue
to refresh the page without losing
your progress. If you refresh the browser and have not saved, you will lose your progress.

Changes cannot be made after submitting an application.

Other Guidance
Once in Edit mode, use the Table of Contents to quickly advance to a particular section.

Click on a section's arrow to expand or collapse that section.

You can print a copy of your own responses to this form. Select the Save and Close
icon at the bottom right,
then select the
Print
icon at the top right.

Be sure to
Save and Close
if you would like to save your responses and resume your application later.

When you have completed all the information required to process your application, click Save and
Close
.

Note that this does not submit your application. See the next step.

If you have not yet submitted or withdrawn your application, you can continue editing it using the Edit
button
at the top right.

Once you have
Saved and Closed
, you will be able to
Submit
or
Withdraw
using the right bottom buttons.

During our screening and selection process, we may contact you if edits are necessary for clarification or if additional information is required by the selection committee. An email notification will be sent to the Primary Contact for the application.

1. Application Type
Select the type of ECRG application being submitted:

Community-wide Assessment (CWA) with awards ranging from $80K to $300K Site-specific Environmental Investigation with awards ranging from $80K to $3M Site-specific Environmental Cleanup with awards ranging from $80K to $7M Refer to the ECRG Guidelines at
https://dtsc.ca.gov/ecrg/
for more information.

If the applicant has questions about the ECRG application, please contact DTSC’s Brownfield Technical Assistance Provider, the Center for Creative Land Recycling (CCLR) at [email protected]
or DTSC’s Office of
Brownfield staff at
[email protected]
.

If the applicant experiences technical issues with the online portal, contact [email protected]
.

Application Type:

Environmental Cleanup

Site-Specific Environmental Cleanup
For conducting environmental cleanup at a specific site address.

A regulatory approved cleanup plan is
required to submit an Environmental Cleanup Application . If you do not have an approved cleanup plan,
submit an Environmental Investigation Application.

2. Applicant and Site Eligibility
Entity Eligibility - The applicant is a:

Public Entity
If you are assisting on behalf of an eligible entity, please indicate what type of entity they are.

Site Ineligibility, please see the following reasons the site(s) would be ineligible:

DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FACity Council Regular Meeting - Page 130 of 294 The Site is controlled and/or owned by the federal government The Site is subject to ongoing USEPA directed removal actions The Site is subject to an active DTSC enforcement order The Site is subject to an active Regional Water Quality Control Board order ( Including
Cleanup and
Abatement Orders, Site Clean-up Orders, 13267 Orders
)
The Site is subject to an active enforcement order by a California environmental regulatory agency The Site is proposed for or listed on the National Priorities List The Site is subject to a Resource Conservation and Recovery Act (RCRA) permit The Site is subject to a DTSC Hazardous Waste Facility Permitting Program permit established under Chapter 6.5 of California Health and Safety Code and RCRA authorization By clicking the following box, the
applicant affirms that none of the above
apply.

None of the above apply

If you are uncertain about whether any of these apply to your site, contact DTSC's Technical Assistance Provider, CCLR, at
[email protected]

If the site is State-owned please contact
[email protected]
directly to determine site eligibility.

Please select "Save and Continue" at the bottom of the form to continue.

3. Application Contacts and Project Team

Grantee Organization

City of Lynwood

Lynwood
,CA
Grantee Organization Main Contact

John Yonai
Agreement Signatory (if different than
Grantee Main Contact)

Ernie Hernandez
Additional Contact for Application
Access, if applicable

Suzanne Trejo
Environmental Consultant Contact, if
applicable

Leo Rebele
Environmental Attorney Contact, if
applicable

Preston Brooks
Proponent Organization (Applicant):

City of Lynwood
Reuse partner(s)/collaborator(s) are those with an ownership stake or a role in the execution of the reuse plan.

Please list the partner organization and main contact information.

Reuse Partner #1, if applicable:

Northgate Gonzalez Markets
Reuse Partner #2, if applicable:

Applicant must designate a Grant Project Manager to coordinate ECRG activities with DTSC. The Grant Project Manager shall have access to sufficient resources to ensure that the grant is managed in a timely and effective manner, be responsible for efficient and correct use of grant funds, implement grant performance and reporting requirements, and respond to inquiries and requests for information from DTSC in a timely manner.

Grant Project Manager Name:

John Yonai
Grant Project Manager
Organization/Company:

City of Lynwood
Grant Project Manager Email Address:

[email protected]
Grant Project Manager Phone Number:

310-603-0220
During the screening and selection process, the Grantee Organization Main Contact may be contacted if edits are necessary for clarification or if additional information is required by the Selection Committee. An email notification will be sent to the Grantee Organization Main Contact indicated in the application.

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4. Site Information, CalEnviroScreen 3.0 Score, Site Use, and Site Photos Site Information

Specify the site address and upload a map that defines boundaries of the investigation/cleanup area. If the exact address is unknown please enter the city, county and nearest cross streets of the site. (The site CalEnviroscreen (CES) 3.0 will be used for scoring, with potential points for a rural, tribal or natural disaster designation.)
Use the
+
below to start entering a site record. The site will be given a unique ID once the record is saved.

Site
Site Name:

Lynwood Springs Non-Source Area Properties
Expand to see Site Details
Site
Site Information
Site Name:

Lynwood Springs Non-Source Area Properties
Site Address:

North, East and South of 11600 Long Beach Boulevard
City:

Lynwood
County:

Los Angeles County
State:

California
Latitude:

Longitude:

State Assembly District:
63 State Senate District:
33 Assessor's parcel number(s):
6715-003-018, 6715-003-017, 6715-003-015, 6715-003-014, 6715-003-013, 6715-002-001, 6715-002-002, 6715-002-003, 6715-002-004, 6715-002-005, 6715-002-028, 6715-009-005, 6715-009-006,
6715-009-007, 6715-009-008
Property Size:

3.78 Restrictions or Encumbrances?
Impacted by natural disaster:

CalEnviroScreen Score
CalEnviroScreen (CES) 3.0 Score:
91 Is the CalEnviroScreen Score for the site 75% or greater? Yes
Planned uses:

Site Use
Past Uses of Site(s):

Residential
Current Use of Site(s):

Residential, Undeveloped

5. Ownership and Access
Is the applicant the owner of the Site?

No
Select the applicant’s relationship with
the site owner (select all that apply):

Government agency working with site owner
Describe the agreement with the owner to apply for and conduct the proposed grant activities.

The City is in in the final stages of the approval process for the development agreement with Northgate Gonzalez Markets, which owns several of the properties within the development area. Other properties comprising the project area are owned by the court-appointed Receiver.

Has the Owner authorized the applicant
in writing to access the site for the
proposed grant activities? :

Yes

This does not have to be a legal access agreement but should include documentation that indicates the owner’s consent to provide the applicant access to the site.

DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FACity Council Regular Meeting - Page 132 of 294 Attach
relevant written agreement(s) granting access.

Site Access Agreement

6. Responsibility for Contamination
Can the applicant confirm that the owner did not arrange for the disposal of hazardous substances at the site or transport hazardous substances to the site, that they did not cause or contribute to any releases of hazardous substances at the site, and that they did not own the site when the hazardous substances were released at the site?

Yes

Are there partner(s)/collaborator(s) involved in the reuse plan?

Yes
Partner(s)/collaborator(s) are those with an ownership stake or a role in the execution of the reuse plan.

Can the applicant confirm that the partner(s)/collaborator(s) did not arrange for the disposal of hazardous substances at the site or transport hazardous substances to the site, that they did not cause or contribute to any releases of hazardous substances at the site, and that they did not own the site when the hazardous substances were released at the site?

Yes

7. Previous Environmental Activities
What reasons are there to believe that
the site may be contaminated?

Other studies or prior cleanup document
Provide a summary of the current status of environmental activities for Site-Specific Investigation or Cleanup.

The status of the contamination at the site and surrounding properties is documented in the most recent Conceptual Site Model (CSM) prepared by the City of Lynwood in 2021.

Various media are impacted by
petroleum hydrocarbon contamination, including free product gasoline, as well as chlorinated volatile organic compounds.

The CSM documents historical investigations and remedial actions performed in connection with the identified contamination.

List the most current or relevant document(s) which describe site conditions and regulatory approvals, if applicable.

Document Title
Author
Document Date
1 Conceptual Site Model

Ramboll

4/5/2021

2 3
4 Upload the most relevant document(s) listed above or provide an EnviroStor or Geotracker link.

Please limit your upload to no more than three reports per site and do not include voluminous appendices .

If
space is an issue (100 MB file limit), please provide links to documents on EnviroStor and/or Geotracker.

Site Conditions and Regulatory Approvals
EnviroStor or Geotracker link to
documents:

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8. Regulatory Oversight Agency
Regulatory oversight is required for all Site-specific Investigation and Cleanup Applications.

Is the site currently engaged in a
regulatory oversight agreement?

Yes
With which regulatory agency?

Water Board
Provide the Site ID:

Not applicable due to site being overseen under the UST program
Upload a copy of the Regulatory Oversight Agreement by selecting the + icon below. Once uploaded, it will be removed from this section and the attachment will be stored in the Documents section below.

9. ECRG Activities and Budget Detail
Propose a scope of ECRG activities and associated budget that reflect activities that will be completed
in a two-year timeframe
.

Describe the capacity of the team to deliver and complete proposed ECRG activities. In 2000 characters or less.
(20 points)
The cleanup is designed to maximize cleanup over a 2-year period.

The major components of the cleanup
include free product removal (gasoline), soil vapor extraction (SVE), soil remediation as part of development, groundwater remediation, vapor intrusion mitigation and groundwater monitoring.

For the full scale SVE operation, Ramboll will advance 5 dual-nested SVE wells to capture elevated VOC concentrations in soil vapor emanating from the soil and groundwater.

Up to 8 dual nested vapor monitoring
probes will be installed for use as vacuum and soil vapor monitoring points to monitor changes in vacuum and soil vapor concentrations.

Vapor intrusion mitigation systems (VIMS) are planned to be installed during construction of the commercial buildings at the Project Area. The VIMS will be designed such that they can be converted from passive to active systems in the event that a vapor intrusion issue is identified.

Free product would be removed/recovered first using skimmer pumps/media from a total of 5 recovery wells.

Steam injection will be evaluated further but may only be applied in more recalcitrant free product areas on a pilot scale basis.

For dissolved-phase contamination (after recovery of free product from the Project Area) a combination of two treatment alternatives is being considered and will be further evaluated. The preferred selected alternative for treatment of dissolved-phase COCs groundwater is a combination of in-situ chemical oxidation and bioremediation.

Injection of a combination of chemical oxidation and bioremediation products will be conducted through 9 permanent injection wells.

In addition, to prevent/reduce future migration of the
dissolved-phase contamination, Ramboll will install at least one chemical cut-off barrier downgradient of the Project Area, currently proposed within Josephine Street. This barrier is expected to substantially impede migration of the dissolved-phase plume beyond Josephine Street.

Complete and upload the ECRG Schedule Attachment outlining tasks and the timeline that will be taken to finish the proposed activities within two years. (30 points)
Download the ECRG Schedule Attachment here:
https://dtsc.ca.gov/wp-content/uploads/sites/31/2022/01/ECRG-Application-9-Schedule-2022.xlsx

Any supplemental information or separately formatted schedules can be separately uploaded in the Additional information section.

The amount requested for Site-specific Environmental Cleanup Applications should range from $80K to $7M.

DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 134 of 294
Total dollars requested for ECRG activities ($80k minimum)

$5,270,823.00

If available, upload any cost estimates for the proposed scope of ECRG activities. If a cost estimate is uploaded here, please input the total amount in a single line item as 'Contracts' in the Budget Detail table below.

Who prepared this cost estimate?

Environmental consultant

Budget Detail
The estimated costs for
each
proposed task (e.g. Phase II Environmental Assessment, Human Health Risk Assessment, etc.) should be entered using the
+
below.

The proposed task(s) and associated cost estimate should reflect activities that can be completed in a two-year timeframe.
(50 points)
Refer to the ECRG Guidelines (
https://dtsc.ca.gov/ecrg/
) for eligible grant activities.

Note the
Excel button on the right side will only export a copy
of the budget records entered using the
+
below.

To edit a record, use the
blue
icon below.

To delete a record, use the
red
icon below.

Grantee Budgets
Budget Period
Budget
:
5,270,823
Total
5,270,823
Budget Snapshot
Budget
Contracts ($)
5,013,165
Project Grantee Project Management* ($)
250,658
Travel** ($)
5,000
Other (specify type, $)
2,000
Total
5,270,823

Describe additional funding that the applicant is in-process of, applied for, or has obtained to leverage environmental work, if any. :

The City has provided funding for investigation and characterization of the environmental condition of the site in the past, and is willing to dedicate any net proceeds from the property sale to remediation of the non-source
property. In addition, the developer of the grocery store has agreed that certain of its anticipated property acquisition and site mitigation funding be allocated to remediation of the source property.

10. Community Engagement and Reuse Readiness
DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 135 of 294
What is the proposed reuse for the
site(s)? :

Commercial/retail
Describe the proposed/planned reuse for the site(s) in 1000 characters or less. :

The proposed redevelopment project consists of a much-needed grocery store desired by the Lynwood community, in an area that has been identified as a "food desert" by the USDA. The grocery store will be run by Northgate Gonzalez Markets, a highly recognized Hispanic grocery store operator in Southern California.

The grocery store will be located on non-source property, but a portion of the project will also include the former Garfield Express site, which is the source property and is located in the southwestern portion of the project area. This parcel is planned to be included in the development project, but will be used exclusively as surface parking for the project (i.e., no structure will be located on this parcel, other than possible future remediation infrastructure).

Describe the community’s need for the proposed reuse and the anticipated community benefits and outcomes of ECRG activities including how the proposed ECRG activity or proposed reuse plan is consistent with existing plans and documents. See the question below for example plans and documents.

Describe the anticipated economic benefits including any quantitative metrics such as jobs created, number of housing units created, etc. 3500 characters or less. (20 points)
The proposed project, consisting of the Northgate market, Starbucks, and other retail uses on the reuse site, will create 225 permanent local long-term on-site jobs, with an estimated annual payroll of $8,500,000.

In
addition, there will be 250 short-term construction jobs, with an estimated payroll of $9,000,000. Additionally, there is a "hire local" agreement with the community with an anticipated 80% of employees will come from the immediate local area.

The site will provide access to a full-service grocery market for a community of 69,000 Lynwood residents, as well as the 97,000 residents in adjoining Compton and 38,000 residents in Watts.

The poverty rate in Lynwood
is 22.7%. One out of every 4.4 residents of Lynwood lives in poverty.

The site is located less than 800 feet to the Los Angeles Metro Light Rail Green Line Station, Metro Bus Line Station, and parking area and enjoys access to 220,000 daily automobile drivers on the Century 105 freeway and Long Beach Blvd. The Site adjoins the Century 105 Freeway, the construction of which bifurcated the local community and caused significant social and practical impacts that are just now being addressed. Despite the site's prime location next to a major transportation location, the site has been vacant for over a decade.

The City of Lynwood seeks to achieve a fair and equitable distribution of environmental benefits for its residents. Lynwood residents experience a much higher pollution burden than areas with lower scores. There is a critical need to address the long standing environmental impact of the Site to the community, as Lynwood is a prime example of a disadvantaged community impacted with environmental equity challenges such as air pollution, contaminated water and toxic soil. Higher pollution in this community exacerbates chronic illnesses among vulnerable groups, and as an underserved community. Clean-up of the site will remove hazardous materials that have been present for decades, and will prevent further migration into the soil and groundwater which has also exposed residents to elevated soil vapors at levels exceeding state residential standards. The City maintains its own municipal water system and seeks to protect those resources as well. The Site is located in a federally-recognized “Food Desert” and upon the successful development of the reuse site, Northgate Markets will provide fresh vegetables, meat, milk and other necessary nutritious foods to a community that currently has no ready access to these amenities. Northgate Markets works with a host of non- profit organizations and will provide community benefits including but not limited to free health clinics, free breast cancer screenings, free testing and vaccinations, free nutritional programs and healthy cooking classes, food donations to help community members facing food insecurity, including special gifts at Thanksgiving and “surprise and delight” gifts to needy families in the community. Northgate Markets also provide educational scholarships and programs for elementary school children featuring store tours and promoting healthy eating.

The community will also enjoy celebrations of cultural events including Dia de los Ninos, Cinco de Mayo, Dia de Los Muertos, and Christmas posadas. Finally, Northgate Markets also provides sponsorships for local community groups and faith-based organizations, focused on helping children and offering support for school bands, and youth sports teams/organizations.

Please check any other existing local
plans and sustainability initiatives that
the proposed reuse(s) of the site(s) will
be consistent with.

Downtown/community plans
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What is the current zoning of the
site(s)?
Commercial/Retail
Will the proposed/planned reuse require a change in zoning designation? (5 points)

No
What is the current land use designation of the site(s)? :

Commercial/Retail
Land use maps are available in your local planning department’s General Plan. For more information on land use, click
here
. If you need assistance in determining the land use for your site(s), please contact your local planning department or CCLR at [email protected]

Will the proposed/planned reuse require an amendment to the General Plan? (10 points)

No
Are there existing buildings on the
site(s)?

Yes
Will existing buildings be preserved?

No, no existing buildings will be preserved
How will building demolition be funded, including asbestos and lead-based paint mitigation, if necessary?
(5 points)

Developer will pay
Is the site(s) in any of the following districts?
Empowerment Zone

Enterprise Zone

Opportunity Zone

Rural Renewal Zone

Promise Zone

Recycling Market Development Zone

New Market Tax Credit Eligible Census Tract

New Market Tax Credit Severe Distress or Non-Metropolitan Census Tract

Business Improvement District, Community Facilities District, or other improvement

Yes
Select all that apply:

Enterprise Zone

Have California Environmental Quality
Act (CEQA) activities been conducted
for the proposed reuse(s)?

Yes
What is the name of the CEQA
document?

Negative Declaration / Mitigated Negative Declaration
Who is the lead agency?

City of Lynwood
If there is a different responsible agency, please name them here. If not, enter N/A.
n/a
State clearinghouse number or other
identifier:

2021080270
If a state clearinghouse number is not
available, when will the CEQA
documents be finalized? :

Does the current CEQA document
include proposed ECRG scope?

Yes
Has the proposed reuse project(s)
received any of the following permits or
approvals?

Demolition Permit, Planning Commission Approval, Site Plan Approval
Redevelopment milestones will influence the completion of cleanup and redevelopment.

DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 137 of 294
Complete and upload the Redevelopment Milestones Attachment to describe significant milestones
and to demonstrate project readiness.
(10 points if Investigation and 30 points if Cleanup)
Download the Redevelopment Milestones Attachment here:
https://dtsc.ca.gov/wp-content/uploads/sites/31/2022/01/ECRG-Application-10-Redevelopment-Milestones- 2022.xlsx

Have any other funding sources for the
proposed reuse project been finalized?

Yes
List funding sources:

Northgate Gonzalez Markets will be funding costs relating to the project development.

How will the proposed reuse be funded
once fully operational?

Projected revenue will cover expenses (ex: market rate housing, retail center)
Has the community been consulted by the current development team regarding the proposed reuse(s) or the environmental activities prior to submitting this application? (10 points)

Yes

When was community engagement
conducted?

1 to 2 years ago
Select all community engagement activities that have occurred for this site, for environmental and/or proposed reuse activities, or for the decision to apply for the ECRG.

Project-specific community meeting(s) (virtual or in-person), Other community meeting(s) where the environmental work, reuse activities, or for the decision to apply for the ECRG was a topic or agenda item (virtual or in-person), Engagement with local residents at other event (farmer’s market, school event, holiday event, etc), Engagement with community groups at other event (farmer’s market, school event, holiday event, etc), Social media engagement
For all boxes checked above, please provide a description of the activities conducted.

The Community has been waiting for this project over the past decade. Groundbreaking has been delayed due to the contamination on the Site. The City Council and Planning commission have held several meetings regarding this site and the community has wholeheartedly approved the proposed project.

State and local
support from elected officials has also been provided.

What was the community's reaction to the proposed reuse(s)? (10 points if Investigation and 20 points
if Cleanup)

Enthusiastically Supported

Please describe the support and provide evidence or
documentation.

Support letters attached.

Have local elected officials (mayor, city manager, city council, commissions, etc) been consulted on the proposed reuse(s)?

Yes

How did elected officials react to the proposed reuse?
(10 points)
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Enthusiastically Supported
Please describe the support and provide evidence or documentation (e.g. Support Letter):

The entire City Council of Lynwood supports this project as well as the Planning Commission, which has approved the required project elements.

Provide a list of up to five (5) advocating entities who are supportive of the environmental work, the proposed reuse activities, and/or the decision to apply for the ECRG. (10 points)
Advocates are supportive of the application or may have a role in advancing the project, but are not part of the development team. Please include Name of entity, Type of Entity, Role and Contact and Email.

Examples of Entity Types include Local government, state government, private company, grassroots/ community groups, elected official, etc.

The ECRG team may follow up with these contacts.

Contact
Name
Name and
Type of Entity
ECRG Role
Email/Cell Phone (enter preferred method)
1 Jorge
Casanova

Local

Supporter

[email protected]

2 Speaker
Rendon

State

Supporter/District
[email protected]
3 Supervisor
Hahn

County

Supporter/District
[email protected]

4 Senator
Gonzalez

State

Supporter/District
[email protected]

5 Alfonso
Morales

Local

Supporter

[email protected]

6 7
8 Select
the community engagement activities that
will continue and/or are planned
to consult with the
community on the proposed environmental work, reuse, and describe
how these plans were
developed. Please upload any existing community engagement plans that have been developed. (10
points if Community-wide Assessment or Investigation and 5 points if Cleanup)

Project-specific community meeting(s) (virtual or in-person), Engagement with community groups at other events (farmer’s market, school event, holiday event, etc.), Multilingual support (virtual or in-person) ,
Project/site website,
Social media
engagement

For selections made above, please provide a description of the activities planned.

The proposed project has been on the drawing board for more than a decade.

The community has long
expressed the need for a grocery store to be developed.

At the same time, the community has objected to the
blighted condition of the property.

The opportunity to rectify both issues at once would be a great benefit to the community.

Two groundbreaking events were held but the environmental costs to address the existing conditions prevented the project from being built.

Now, with the DTSC ECRG grant potentially available for this site, the ability to actually implement the vision and project is possible.

The City and Developer will continue to
keep residents and supporters updated on the progress of the project through the City’s website, City’s social media, as well as updates at each City Council meeting and a live cam of the site during construction.

The
DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FACity Council Regular Meeting - Page 139 of 294 entire City and Community have been waiting for this market to come to Lynwood.

The market provides jobs,
healthy foods, and an opportunity to clean up the environmental issues that have delayed this market, which will address a “food desert” situation and remove an eyesore in the community.

How does the proposed reuse address chronic inequities, resulting from lack of access to opportunity, and achieve equitable outcomes? Please describe in 3000 characters or less. (10 points)
Lynwood, a City of 69,000 residents (+/-85,000 w/uncounted) has an individual median income of $25,000, and median household income of $55,000. Median income for Los Angeles County is $80,000 in 2021. The market provides up to 630 permanent/part time/construction jobs to a community that is 68% of the Los Angeles M\median income and 18% of the City population at below poverty levels. Both permanent and construction jobs will address some of the financial deficit and inequities Lynwood has been subjected to over the past decades. In addition to jobs, the community’s health is impacted by the air quality of the Century 105 Freeway which split the City in half in 1993. The market will provide and host health clinics for the community. In addition to air quality, the ongoing environmental impacts to soil and water at the site create significant health distress for residents. The DTSC ECRG grant would provide an opportunity to remove contaminants that have/will migrate to the City’s water wells, resulting in increased health issues. Recognized as a federal “Food Desert,” the market will provide the immediate community with access to fresh vegetables, proteins, milk, and meat for residents who walk, drive, take public transportation such as the Metro Green Line Light Rail service or the Metro Bus lines (both located less than 800 feet from the Site). Northgate hosts and provides to the community regular free health clinics, free breast cancer screenings, free testing and vaccinations, free nutritional programs and healthy cooking classes, food donations to help community members facing food insecurity, including special gifts at Thanksgiving and “surprise and delight” gifts to needy families in the community, educational scholarships, educational programs for elementary school children featuring store tours and promoting healthy eating, celebration of cultural events – Dia de los Ninos, Cinco d Mayo, Dia de Los Muertos, Christmas posadas, 3 Kings Day, Lent, Mariachis, Charros, sponsorships for local community groups and faith-based organizations, especially those focused on helping children, and support for school bands and sports teams, including soccer and baseball.

11. Contracts
Does the applicant have practices in
place to ensure competitive pricing
through a procurement process for
contracts over $10,000?

Yes
Describe how services will be contracted to ensure fair market costs for the ECRG activities (e.g. such as a Request for Proposals). If existing contracts will be used, also identify these contractor(s) and describe how the prior award(s) ensure fair market rates for the future ECRG work. Fair market pricing and competitive contracting policies are a requirement of this grant. 1000 characters or less. (10
points)
The City of Lynwood has adopted policies and practices to assure that services are fair market pricing and competitive contracting in utilizing contracted services.

The City has engage several environmental consulting
firms over the past decade and are currently working with Ramboll on the environmental aspects and Northgate Markets as the developer, who responded to a request a decade ago.

Ramboll US Consulting, Inc. is the City’s consultant of record for the project.

Ramboll possesses specialized
and institutional knowledge regarding the environmental history.

Ramboll will conduct its work using fair market
pricing.

In addition, subcontractors (drillers, laboratories, traffic control, etc.) employed by Ramboll will be competitively bid (2-3 bids at a minimum) among qualified contractors.

Nortgate – Will competitively bid out the project construction and oversight activities.

Does your organization’s contracting policy require diverse suppliers be included or do you intend to contract with diverse suppliers?

Yes
See the ECRG Application Guidelines or the link below for more information. https://dtsc.ca.gov/wp-content/uploads/sites/31/2021/12/CVCI-Small-Business-Program-QRG.pdf DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FACity Council Regular Meeting - Page 140 of 294

If you expect to contract with diverse suppliers, check all types that apply.

Select all diverse suppliers that apply:

Minority owned business enterprise, Disabled veteran owned business enterprise, Women owned business enterprise, Small business enterprise, Disadvantaged business enterprise
Describe how the applicant has incorporated or plans to incorporate equitable principles that promote the inclusion of the selected group(s). In 500 characters or less. (10 points)
The City supports disadvantaged suppliers and will continue to require this effort with both the current environmental consultant and the proposed developer in the ongoing effort to clean the site and develop a market. Ramboll has obtained commitments from laboratories and consultants who fall within these categories.

Northgate Gonzalez Markets, a minority owned business, has extensive experience with firms that are owned by minorities and women, including small local business suppliers.

12. Documents

REQUESTED DOCUMENTS

ORGANIZATION DOCUMENTS

13. Additional Information
If there is any additional information you would like to submit with your application that was not covered, please include a brief description here in 3000 characters or less:

How did you hear about ECRG?

DTSC Staff
DTSC Staff (please specify):

Maryam Tasnif-Abbasi

14. Equitable Development Grant Commitments
In previous sections of the ECRG application, you have provided information on approaches and/or strategies that are of particular interest to DTSC because they demonstrate a strong commitment to alleviating environmental burdens and creating equity for our priority communities. Therefore, additional points will be rewarded to applicants who agree to make equitable development aspects a grant commitment. The proposed grant commitments, if approved by DTSC, will be incorporated as metrics in the Grant Agreement.

Equitable Development Commitment must be presented as quantifiable metrics associated with the reuse to be completed within a specified timeline, for example, acres made available as open space, number of units available for housing, etc. Grant commitment target areas include, but are not limited to:

Job Creation: Number of local jobs, short term jobs, long term jobs, etc.

Preventing displacement: Services and opportunities focused on existing local residents and businesses or that will be easily accessible to existing residents and businesses Expanding mobility and connectivity: Increasing transportation access Developing healthier and safer communities: Uses and services that increase safety and access to healthier living
Promoting or promotion of environmental justice: Activities that will lead to alleviation of pollution burdens for the local community
DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 141 of 294
(10 points for Community-wide Assessments, 20 points for Investigations, and 30 points for Cleanups) Would the applicant like to make grant
commitments that will be incorporated
as metrics into their Grant Agreement if
awarded?

Yes
Complete and upload the ECRG Grant Commitment attachment.

Download the ECRG Grant Commitment attachment here:

https://dtsc.ca.gov/wp-content/uploads/sites/31/2022/01/ECRG-Application-14-Grant-Commitments-2022.xlsx

15. Signature

Thank you for completing the ECRG Application. It will be reviewed for eligibility and scored if eligible.

The signatory below is an authorized representative of the applicant and certifies to the best of their knowledge and belief that the information contained in this application, including any attachments, is true and complete and accurately describes the applicant, the site, and related conditions.

The signatory below affirms that the applicant did not cause or contribute to the release or threatened release of a hazardous substance at the site(s) and is exempt from liability for any previous contamination at the site(s).

The signatory below affirms that the applicant will agree to and abide by the Grant Agreement if awarded. Any grant commitments identified in Section 14 will be included in the Grant Agreement.

Grant Agreement terms and conditions are non-negotiable.

The applicant agrees to promptly inform DTSC of any changes that occur in the information contained in this application.

The applicant has read and accepts all
terms stated in Section 15.

Yes

After the application is submitted, you will receive an email message through DocuSign within 2 business days to sign and complete your application. Your application will not be scored until DTSC receives your signed application through DocuSign. If your application is not signed prior to April 8, 2022 it may not be considered.

If you do not receive the email from DocuSign within 2 business days of submitting, please contact

ECRGInfo
@dtsc.ca.gov
.
___________________________________
________________
Signature
Date
DocuSign Envelope ID: 02C9D058-C63B-4326-9FE3-1EF4115DD1B7 4/18/2022
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 142 of 294

Exhibit B – Site Map

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 143 of 294
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 144 of 294
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DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 145 of 294

Exhibit C – Site Diagram

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 146 of 294
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 147 of 294
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DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 148 of 294

Exhibit D – Site Access Agreement

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 149 of 294

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RIGHT OF ACCESS AGREEMENT
This Agreement entered on this 3rd day of December 2021 by and between Kyung Sun Kim, in the County of Los Angeles, State of California with principal offices at 1247 Washington Boulevard in Los Angeles (hereinafter “Site Owner”) and Ramboll US Consulting, Inc., a Virginia corporation with an office located at 5 Park Plaza, Suite 500, Irvine, California (hereinafter “Ramboll”); and WHEREAS, Site Owner owns the Property located at 11600 Long Beach Boulevard, (hereinafter “the Property”); and
WHEREAS, Ramboll has been engaged under contract as an environmental consultant by the City of Lynwood, California (“Ramboll’s Client”) to conduct an environmental due diligence investigation at the Property, and
WHEREAS, Ramboll’s Client has requested Ramboll to perform subsurface site investigation and remediation activities, which may include sampling of soil, soil vapor, groundwater, and/or other media as well as performing certain remedial activities such as performance of soil vapor extraction pilot tests, well drawdown/pump tests; installation of wells and other infrastructure and performing in- situ groundwater remediation, among other activities performed under regulatory agency oversight.

WHEREAS, Site Owner is willing to permit Ramboll to enter the Property to conduct the Work, subject to the following terms and conditions.

NOW THEREFORE, the parties agree as follows:

1. Site Owner agrees to grant, or cause to be granted, to Ramboll access to the Property to be investigated under this Agreement.

2. Site Owner shall indicate to Ramboll the boundary lines of the Property and agrees to be responsible for the accuracy of such lines.

3. Site Owner shall indicate to Ramboll the location of any underground water, telephone, electric, sewer, gas and other utility lines and other apparatus underground and shall be responsible for the accuracy of such information.

4. Site Owner shall indicate to Ramboll the location of any underground tanks and the contents of such tanks and shall be responsible for the accuracy of such information.

5. Site Owner agrees to make available, or cause to be made available, to Ramboll all information within its control necessary to allow Ramboll to perform its services under this Agreement and agrees to comply with all reasonable requests by Ramboll for and to clarify such information and shall be responsible for the accuracy of such information.

DocuSign Envelope ID: 0C8A3DA9-45B0-4576-91D8-660310690B5D DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 150 of 294

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6. Ramboll shall be liable to the SITE OWNER for direct damages that result from Ramboll’s negligence or willful misconduct while on the Property performing the Work. UNDER NO

CIRCUMSTANCES SHALL RAMBOLL BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR DAMAGES CAUSED BY SITE OWNER’S FAILURE TO PERFORM ITS OBLIGATIONS.

7. Ramboll, its employees, contractors and subcontractors shall not use the Property in any manner that would interfere with or cause harm to the Property, its operations or any other lawful activity being undertaken by Site Owner on the Property.

8. Nothing contained within this Agreement shall be construed or interpreted as requiring Ramboll to assume the status of a generator, storer, treater or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 USCA, Section 6901, et seq., as amended, (hereinafter “RCRA”) or within any state statute governing the treatment, storage and disposal of waste. Site Owner shall be responsible as “generator” for disposal or investigation- derived waste, including execution of hazardous waste manifests and arranging for transportation of such wastes.

9. Site Owner shall assume the responsibility for compliance with the provisions of RCRA and any state statute governing the treatment, storage and disposal of waste generated during the Phase II site investigation.

10. Ramboll shall carry at its expense, during the term of this Agreement, the minimum insurance coverages set forth below:

Coverage Limits

(1) Worker’s Compensation Statutory
(2) Employer’s Liability $1,000,000 each occurrence
(3) General Liability
(Bodily Injury & Property Damage)
$2,000,000 aggregate
(4) Excess Liability
(Bodily Injury & Property Damage)
$2,000,000 aggregate
(5) Automobile Liability
(Bodily Injury & Property Damage)
$1,000,000 combined single limit
(6) Professional Liability Insurance $2,000,000 aggregate

11. Ramboll agrees to use its professional judgment in the performance of the Work and to use the degree of care and skill ordinarily exercised, under similar circumstances, by reputable consultants performing comparable services. The standard of care shall exclusively be judged as of the time the services are rendered and not according to later standards. No other warranty or representation, either expressed or implied, is included or intended under this Agreement.

DocuSign Envelope ID: 0C8A3DA9-45B0-4576-91D8-660310690B5D DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 151 of 294

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12. Ramboll agrees to comply with appropriate local, state and federal health and safety procedures in the performance of the Work.

13. This agreement shall be construed according to the laws of the State of California. [SIGNATURES ON FOLLOWING PAGE]

ENTERED the date and year written above:

Ramboll US Consulting, Inc. Kyung Sun Kim

By: _________________________ By: _________________________ Leo Rebele, Principal

DocuSign Envelope ID: 0C8A3DA9-45B0-4576-91D8-660310690B5D DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 152 of 294

Exhibit E – Scope of ECRG Activities

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 153 of 294
Community-Wide Assessment Status (Assume Grant begins June 2022) Start Date (mm/yyyy)
Completion Date
(mm/yyyy) Add brief description/comments
Select Consultant(s) [Select Status from drop-down]
Create Brownfields Inventory [Select Status from drop-down] Conduct Phase I ESAs [Enter # to be completed]
Conduct Phase II ESAs/PEAs [Enter # to be completed]
Community Engagement [Select Status from drop-down]
[Add additional tasks, if needed, using additional
lines.]
Environmental Investigation Grant Schedule Status (Assume Grant begins June 2022) Start Date (mm/yyyy)
Completion Date
(mm/yyyy) Add brief description/comments
[Select regulatory oversight agreement type] [Select Status from drop-down] Hire Consultant(s) [Select Status from drop-down]
Phase I Environmental Site Assessment [Select Status from drop-down] Phase II Environmental Site
Assessment/Preliminary Endangerment
Assessment [Select Status from drop-down]
Site Characterization [Select Status from drop-down]
Risk Assessment [Select Status from drop-down]
[Select Remedy Selection document] [Select Status from drop-down] [Select California Environmental Quality Act
document for Cleanup Plan] [Select Status from drop-down] Community Engagement [Select Status from drop-down]
[Add additional tasks, if needed, using additional
lines]
Environmental Cleanup Grant Schedule Status (Assume Grant begins June 2022) Start Date (mm/yyyy)
Completion Date
(mm/yyyy) Add brief description/comments
Water Board Cost Recovery Agreement Agreement Signed 2/28/2022 3/15/2022 Hire Consultants Existing Contract 6/1/2022 6/30/2022
Additional Investigation Planned (see schedule) 7/1/2022 7/15/2022 Feasibility Study/Remedial Action Plan (RAP) Approved 11/15/2021 12/7/2021 Approved by Regional Water Quality Control Board Mitigated Negative Declaration Final CEQA Document Approved Remedy Design, if required by regulatory agency Scheduled 6/1/202 7/31/2022 Implementation/Field Work Scheduled 8/1/2022 5/31/2024
Ongoing implementation of remediation and monitoring
activities for 2 years
Cleanup Report/Implemenation Report Planned (see schedule) 3/1/2024 5/31/2024 Community Engagement Planned
[Add additional tasks, if needed, using additional
lines]
Note: For activities with a status other than "Complete" or "Not Applicable, provide start and completion date in the schedule. Enter in a Completion Date for "Complete" status activities.

Section 9: ECRG Schedule
Status/Schedule for next 2 years
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 154 of 294

Exhibit F – ECRG Activities Budget Detail Table

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 155 of 294

GRANT INFORMATION
Organization Name City of Lynwood
Reference Number R-202111-00528
Amount Requested $5,270,823
Generated Date 5/26/2022
Description Budget Total Budget
Contracts ($) 5,013,165.00 5,013,165.00
Project Grantee Project Management* 250,658.25 250,658.25 Travel** ($) 5,000.00 5,000.00
Other (specify type, $) 2,000.00 2,000.00
Total 5,270,823.25 5,270,823.25
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 156 of 294
Cost Estimate Date: March 7, 2022
Cost Estimate Period: June 2022-May 2024
Prepared By: Ramboll US Consulting, Inc.

Year 1 Year 2 TOTAL
$3,188,925 $1,824,240 $5,013,165
Task
No. Task Task Descriptions (FY2022/23) (FY2023/24) 1 Preparation of Design Documents Remediation Design Documents $50,000 Project Management $2,500
TOTAL $52,500 $0 $52,500
2 Agency Process Agency Coordination & Approval $30,000 Project Management $1,500
TOTAL $31,500 $0 $31,500
3 VIMS Design VIMS Design Preparation & Approval $35,000 Project Management $1,750
TOTAL $36,750 $0 $36,750
3 Capital Costs (Infrastructure Installation) Installation of Remediation Infrastructure $200,000 Project Management $10,000
TOTAL $210,000 $0 $210,000
4 SMP Preparation and SMP Implementation During Grading Reporting & Oversight $150,000 Project Management $7,500
TOTAL $157,500 $0 $157,500
5 Preparation of Operations and Maintenance (O&M) Plan Report Preparation & Approval $25,000 Project Management $1,250
TOTAL $26,250 $0 $26,250
6 VIMS Installation Subcontractor oversight and verification $300,000 Project Management $15,000
TOTAL $315,000 $0 $315,000
7 VIMS O&M Sampling and Observations (Startup O&M and Reporting) $30,000 $50,000 Laboratory Analyses $6,000
Project Management $1,500 $2,800
TOTAL $31,500 $58,800 $90,300
8 Preparation of SAP and QAPP Reports Preparation & Approval $35,000 Project Management $1,750
TOTAL $36,750 $0 $36,750
9 Preparation of Baseline HHRA and Identification of Data Gaps Reports Preparation & Approval $25,000 Project Management $1,250
TOTAL $26,250 $0 $26,250
10 Supplemental Soil Vapor, Soil, and Groundwater Sampling Well and Boring Installation $40,000 $25,000 Drilling Subcontractor $25,000 $15,000
Utility Locator Subcontractor $5,000 $2,500
Traffic Control Subcontractor $8,500 $7,000
Surveyor Subcontractor $5,000 $2,500
Waste Disposal Subcontractor $5,000 $3,850
Laboratory Analyses & Mobile Laboratory $20,000 $12,000 Other Miscellaneous (Equipment, Supplies) $2,500 $1,200 Report Preparation & Approval $15,000 $8,000
Project Management $6,300 $3,853
TOTAL $132,300 $80,903 $213,203
11 Supplemental HHRAs Report Preparation & Approval $35,000 $30,000 Project Management $1,750 $1,500
TOTAL $36,750 $31,500 $68,250
12 Bench Scale Testing Laborarotory/Subs $75,000 $26,500 Project Management $3,750 $1,325
TOTAL $78,750 $27,825 $106,575
13 Pilot Testing Contractors/Laborarotory/Subs $150,000 Project Management $7,500
TOTAL $157,500 $0 $157,500
14 Preparation of Final Engineering Designs Final Report Preparation & Approval $45,000 Project Management $2,250
TOTAL $47,250 $0 $47,250
15 Response Plan Implementation Capital Construction $65,000 $15,000 SVE $500,000 $550,000
Free Product Removal $400,000 $450,000
Downgradient Injection Barrier Installation $425,000 $375,000 Soil Management Plan Implementation & Limited Soil
Excavation $175,000
Project Management $78,250 $69,500
TOTAL $1,643,250 $1,459,500 $3,102,750
16 Groundwater and WDR Monitoring Program Groundwater and WDR Sampling $35,250 $35,250 Sampling Subcontractor $40,000 $40,000
Waste Disposal Subcontractor $10,500 $10,500
Laboratory Analyses $7,500 $7,500
Other (Equipment, Supplies) $10,750 $7,500
Project Management $5,200 $5,038
TOTAL $109,200 $105,788 $214,988
17 Risk Assessment Report Preparation & Approval $28,500 $28,500 Project Management $1,425 $1,425
TOTAL $29,925 $29,925 $59,850
20 Regulatory Agency Oversight Fees Oversight Fees (RWQCB/DTSC) $30,000 $30,000 $30,000 $30,000 $60,000
$3,188,925 $1,824,240 $5,013,165
DRAFT
Lynwood Springs Remediation - IRAP Implementation FY 2022/2023 - 2023/2024 Total Estimated Cost Per Fiscal Year
TOTAL
Total Estimated Cost for Project $5,013,165
TASK
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 157 of 294

Exhibit G – Regulatory Oversight Agreement

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 158 of 294

Los Angeles Regional Water Quality Control Board

March 8, 2022

Mr. Ernie Hernandez
City Manager
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262

SUBJECT: UNDERGROUND STORAGE TANK PROGRAM VOLUNTARY
OVERSIGHT – CITY OF LYNWOOD

Dear Mr. Hernandez,

The California Regional Water Quality Control Board ( Los Angeles Water Board), Los Angeles Region, is the public agency with primary responsibility for the protection of ground and surface water quality for all beneficial uses within major portions of the Los Angeles and Ventura counties, including the Garfield Express site, located at 11600 Long Beach Boulevard and adjacent sites (Site). This letter documents the Los Angeles Water Board’s oversight of the City of Lynwood’s (City’s) voluntary investigation and remedial actions concerning the Garfield Express site and adjacent sites in the City of Lynwood.

The Los Angeles Water Board has evidence that indicates that there is or has been a discharge of waste from the Garfield Express site. The evidence includes information in the project files that the subsurface soil and gr oundwater at the site have been mainly impacted with petroleum hydrocarbons, and aromatic and chlorinated volatile organic compounds (VOCs). Depth to groundwater was encountered in 2019 at approximately 33 to 36 feet below ground surface. Site investigations performed to date have detected tetrachloroethene (PCE) in soil vapor at concentrations ranging from 0.8 to over 10,000 micrograms per liter (µg/L), in soil matrix up to 104 milligrams per kilogram ( mg/kg), and in groundwater up to 8.5 µg/L. Benzene was also detected in soil vapor at concentrations up to 9,510 µg/L, in soil up to 210 m g/kg, and in groundwater up to 5,000 µg/L. The releases of chemicals from a former service station and a former dry cleaner at the site have degraded the groundwater quality and beneficial uses of the State's waters. There are additional sites in the nearby vicinity that may have contribut ed to the solvents and petroleum products found in the subsurface.

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 159 of 294
City of Lynwood Pg. No. 2 March 8, 2022

The City plans to investigate and remediate releases and/or threatened releases at or from the Site and impacts to adjacent sites, under the oversight of the Los Angeles Water Board. The Los Angeles Water Board will provide oversight of field activities, including sampling and remedial activities, as appropriate, and will expect that the City’s work will be in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents.

The Los Angeles Water Board will not bill the City for its oversight costs incurred in reviewing the City’s proposed plans, related documents, and communications for as long as the investigation and remedial efforts involve cleanup of petroleum products released from the Garfield Express and/or adjacent site(s). If at any time the cleanup is no longer eligible for oversight, the Los Angeles Water Board staff will inform the City.

I. Estimate of Work to be Performed

The Los Angeles Water Board staff estimate that during the 2021/2022 fiscal year (July 1, 2021 to June 30, 202 2) regulatory oversight work may include, but is not limited to, the following tasks to be performed with respect to your site(s):

1. Review technical reports and conceptual site models that are intended to identify the sources of waste, to investigate the waste pathways, and to fully delineate the vertical and lateral extent of waste in soil matrix, soil vapor and groundwater;

2. Request and review additional assessment workplans and reports, remedial action plans, progress and monitoring reports, and other technical reports as necessary;

3. Prepare comment letters on various reports and communicate findings to responsible parties;

4. Conduct site inspections, observe field activities, collect split samples, and meet with environmental consultants and responsible parties;

5. Conduct internal and external communication (i.e. meetings, memos) and respond to public inquiries about or related to the site investigation and remediation;

6. Provide environmental documentation to address the California Environmental Quality Act, where required, regarding the site cleanup; and

7. Implement public participation activities which may include producing baseline community assessments, factsheets and work notices, developing a circulation/mailing list of interested, affected and potentially affected parties, creating a Public Participation Plan, conducting public meetings, and providing written responses to public comments.

II. Statement of Expected Outcome

The expected outcome of work that will be performed during fiscal year 202 1/2022 includes:

• Prepare and provide written comments on technical reports; and • Prepare correspondence to public inquiries about the site investigations and cleanups as needed.

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City of Lynwood Pg. No. 3 March 8, 2022

III. Other Expectations

1. Public Participation: With increased public interest in our programs and the public knowledge of threat to human health and the environment, the Los Angeles Water Board has increased efforts to get the public more involved in our decision-making process. The Los Angeles Water Board provides information and opportunities for public participation consistent with State law (including California Health and Safety Code section 25356.1 and California Water Code sections 13307.5 and 13307.6).

The City will be expected to prepare and implement public participation activities including, but not limited to producing baseline community assessments, factsheets and work notices, developing a circulation/mailing list of interested, affected and potentially affected parties, creating a Public Participation Plan, and facilitating public meetings. Los Angeles Water Board staff will provide you with additi onal guidance as appropriate.

2. Notification of Endangerment: The City shall notify the Los Angeles Water Board immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment.

3. Notification of Field Activities. The City shall inform Los Angeles Water Board staff at least seven days in advance of all field activities pursuant to this Agreement and shall allow the Los Angeles Water Board and its authorized representatives to take duplicates of any samples collected.

4. City’s Consultant and Contractor. All engineering work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substance site investigation and remediation. A ll geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. The City 's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days, please provide notification to the Los Angeles Water Board Project Manager , in writing, of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835.

5. Review and Approval. All work performed pursuant to this Agreement is subject to Los Angeles Water Board review and approval. If the Los Angeles Water Board determines that any report, plan, schedule or other document submitted for approval fails to protect public health or safety or the environment, the Los Angeles Water Board may return comments to the City with recommended changes.

6. Reservation of Rights. The Los Angeles Water Board reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 161 of 294
City of Lynwood Pg. No. 4 March 8, 2022

incurred therefor. The City reserves all its statutory and regulatory rights, defenses and remedies available to the City under applicable laws. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by the Los Angeles Water Board for any condition or claim.

7. Government Liabilities. The State of California or the Los Angeles Water Board shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by the City or by related parties in carrying out activities pursuant to this Agreement, nor shall the State of California or Los Angeles Water Board be held as a party to any contract entered into by the City or its agents in carrying out the activities contemplated in this communication.

8. Document Availability: Upon request by the Los Angeles Water Board, the City shall make available for Los Angeles Water Board inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and m onitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement.

9. Electronic Submittals: In September 2004, the State Water Resources Control Board adopted regulations (Chapter 30, Division 3 of Title 23 & Division 3 of Title 27, California Code of Regulation) requiring the electronic submittal of information for all site cleanup programs, starting January 1, 2005. Currently, site information within the electronic submittals and the GeoTrac ker contacts can be found at http://www.waterboards.ca.gov/ust/electronic_submittal.

To comply with the above referenced regulations, you are required to upload all technical reports, documents, and well data to GeoTracker by the due dates specified in the Los Angeles Water Board letters and orders issued to you or for the site. However, we may request that you submit hard copies of selected documents and data to the Los Angeles Water Board in addition to electronic submittal of information to GeoTracker.

If you have any questions, please contact Mr. Adam Taing at (213) 576- 6752 or [email protected].

Sincerely,

____________________
Hugh Marley
Assistant Executive Officer

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Exhibit H – Grant Commitments

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 163 of 294
Commitment Target Area (example types below,
add lines as necessary) Associated Metric* How will this be metric be measured? How will this information be reported to DTSC?
When will this
commitment be expected
to begin? (Target Date)
What is the expected value for this metric?
Job Creation Construction & permanent jobs - Part
time/Full Time Developer/Contractor/Operator Quarterly-email-form to be determined Aug-22 Construction wages - $9,000,000 Market/Inline store annual wages - $8,500,000
Preventing Displacement
Site currently vacant. Access to market
will keep residents in area in lower cost
housing rather than being displaced.

Stable rents in surrounding area. As determined based on consultation with DTSC Jun-22 Low percentage displacement after construction of market and related retail uses.

Expanding Mobility and Connectivity
Track "walk score" on walkscore.com to
improve walkability and public access
Percentage increase after market
opening.

Aerial maps and distance from public
transportation can be reported to DTSC on
basis preferred by DTSC.

Jun-22
May not be quantifiable, but should result in
significant improvement for community financially,
emotionally, socially and in health benefits.

Developing Healthier and Safer Communities
Food Desert per USDA site - "low
income and low access for 1/2 mile"
Healthy Communities Index - removal of
contamination from site and
surrounding community
Market opens, jobs created,
environmental clean up success
Email communication upon market opening,
invitation to grand opening, jobs reported
quarterly for 3 years, DTSC updates from
environmental consultant quarterly
Aug-22
Improvement on USDA site for food deserts. In
additition, though perhaps not financially
quantifiable, a long term heathier community,
reduced medical expenses, ease of access to
healthy foods and services.

Promoting or Promotion of Environmental Justice
All of the above, as well as metrics
provided through Governmental Alliance
on Race and Equity. Track expansion of
neighborhood and cultural events, such
as Dia de los Ninos and Dia de Los
Muertos.

Market opens, jobs and wages,
environmental cleanup success.

Email and reporting on environmental
cleanup implementation, market and in-line
shop openings, jobs creation, health fairs
and neighborhood cultural events.

Aug-22
Percentage increase from current levels, sales tax
revenue benefiting community, and other
indicators. Increase in number of neighborhood and
cultural events.
*see guidelines for example metrics
Section 14: Equitable Development Grant Commitments
DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 164 of 294
Commitment Target Area (example types below,
add lines as necessary) Associated Metric* How will this be metric be measured? How will this information be reported to DTSC?
When will this
commitment be expected
to begin? (Target Date)
What is the expected value for this metric?
Job Creation Construction & permanent jobs - Part
time/Full Time Developer/Contractor/Operator Quarterly-email-form to be determined Aug-22 Construction wages - $9,000,000 Market/Inline store annual wages - $8,500,000
Preventing Displacement
Site currently vacant. Access to market
will keep residents in area in lower cost
housing rather than being displaced.

Stable rents in surrounding area. As determined based on consultation with DTSC Jun-22 Low percentage displacement after construction of market and related retail uses.

Expanding Mobility and Connectivity
Track "walk score" on walkscore.com to
improve walkability and public access
Percentage increase after market
opening.

Aerial maps and distance from public
transportation can be reported to DTSC on
basis preferred by DTSC.

Jun-22
May not be quantifiable, but should result in
significant improvement for community financially,
emotionally, socially and in health benefits.

Market opens, jobs and wages,
environmental cleanup success.

Email and reporting on environmental
cleanup implementation, market and in-line
shop openings, jobs creation, health fairs
and neighborhood cultural events.

Exhibit I – Summary of Costs Form*
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Exhibit I: Summary of Costs
Grantee Name Date: Month DD, YYYY
Street Address
City, ST ZIP Code
Agreement Number: ECRG-2021-XXXX
Grant Period: MM/DD/YYYY to MM/DD/YYYY
Site Name
Site Address
City, ST Zip Code
Billing Period: MM/DD/YYYY to MM/DD/YYYY
Budget Item Expended
To Date
TOTAL -$
Direct questions regarding billing to: Name
XXX-XXX-XXXX Ext. XXXX
Email address
Budgeted Current
-$ -$
Billing AmountAmount
Sample

*This is a sample format to summarize invoice requests for approved ECRG activities.

Submission will be done through the grant portal.

DocuSign Envelope ID: 2CAB4023-FE5B-4BD0-90B2-20D3D9AFC8FA City Council Regular Meeting - Page 167 of 294
Agenda Item # 13.

AGENDA STAFF REPORT
DATE:

August 16, 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:

LYNWOOD UNIFIED SCHOOL DISTRICT INITIATIVE TO APPLY FOR LOCAL

AGENCY TECHNICAL ASSISTANCE (LATA) GRANT AND REQUESTING LETTER

OF SUPPORT FROM THE CITY OF LYNWOOD
Recommendation:

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

COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A LETTER OF SUPPORT FOR THE LOCAL

AGENCY TECHNICAL ASSISTANCE (LATA) GRANT APPLICATION SUBMITTED BY LYNWOOD

UNIFIED SCHOOL DISTRICT (LUSD) TO DEVELOP STRATEGIES TO SERVE THE COMMUNITY'S

BROADBAND NEEDS WHICH INCLUDE POTENTIALLY SERVING AS A RELIABLE AND AFFORDABLE INTERNET SERVICE PROVIDER (ISP)”.

Background:

On February 1, 2022, the City Council approved a Development Agreement with SiFi Networks to build a citywide fiber optic network. The buildout is expected to take about four years to complete.

An Internet Service Provider (ISP) such as Gigabit Now or Monkey Brains could operate the fiber optic network and bill customers for internet access. The City would collect franchise fees from the ISP.

The LUSD is proposing to create a Joint Powers Authority or cooperative with the City of Lynwood to take advantage of the fiber optic network being built by SiFi Networks to provide more affordable high-speed internet for residents, businesses, and those affected by the digital divide in Lynwood using an alternative option.

Discussion and Analysis:

The alternative option that is currently being explored is for the City to work cooperatively with the LUSD to act as a 'white-label' ISP. In essence, this joint venture or cooperative would work with an ISP and sell internet services directly at a deeper discount to Lynwood residents, students, and businesses. This model would require additional staffing resources and must maintain agreed upon subscription levels.

City Council Regular Meeting - Page 168 of 294

In order to ascertain if this would be a viable business model, the LUSD is applying for the Local Agency Technical Assistance (LATA) Grant to help prepare a feasibility study to identify if these goals can be met with a net long-term positive outcome.

Ultimately, the LUSD is requesting a letter of support from the City of Lynwood to apply for the LATA Grant to build an advanced broadband network in the City of Lynwood. A draft letter of support is shown as Exhibit A to be signed by the Mayor or designee approved as to form by the City Attorney.

A notarized affidavit by LUSD to apply for the LATA Grant is shown in Exhibit B.

Fiscal Impact:

The California Public Utilities Commission (CPUC) established LATA for work facilitating broadband network projects to areas in need. The program has a $50 million budget for eligible local agencies and tribal entities in California.

There is no fiscal impact to the City for this item.

Coordinated With:

Finance
City Attorney's Office
ATTACHMENTS:

Description
Resolution
Exhibit A
Exhibit B
City Council Regular Meeting - Page 169 of 294
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING A LETTER OF SUPPORT FOR THE LOCAL AGENCY

TECHNICAL ASSISTANCE (LATA) GRANT APPLICATION SUBMITTED BY

LYNWOOD UNIFIED SCHOOL DISTRICT (LUSD) TO DEVELOP STRATEGIES

TO SERVE THE COMMUNITY'S BROADBAND NEEDS WHICH INCLUDE

POTENTIALLY SERVING AS A RELIABLE AND AFFORDABLE INTERNET

SERVICE PROVIDER (ISP)

WHEREAS, on February 1, 2022, the City Council approved a Development Agreement with SiFi Networks to build a citywide fiber optic network and the buildout is expected to take about four years to complete; and

WHEREAS, an Internet Service Provider (ISP) such as Gigabit Now or Monkey Brains could operate the fiber optic network and bill customers for internet access and the City would collect franchise fees from the ISP; and

WHEREAS, the LUSD is proposing to create a Join t Powers Authority or cooperative with the City of Lynwood to take advantage of the fiber optic network being built by SiFi Networks to provide more affo rdable high -speed internet for residents, businesses, and those affected by the digital divide in Lynwood using an alternative option; and

WHEREAS, the alternative option that is currently being explored is for the City to work cooperatively with the LUS D to act as a 'white-label' ISP working with an ISP and sell internet services directly at a deeper discount to Lynwood residents, students, and businesses; and

WHEREAS, in order to ascertain if this would be a viable business model, the LUSD is applying for a LATA grant to help prepare a feasibility study to identify if these goals can be met with a net long-term positive outcome ultimately requesting a letter of support from the City of Lynwood to apply for the LATA Grant to build an advanced broadband network in the City of Lynwood using the draft letter of support is shown as Exhibit A to be signed by the Mayor or designee approved as to form by the City Attorney.

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

Section 2. That the Cit y Council of the City of Lynwood authorizes the Mayor or designee to sign the letter of support approved as to form by the City Attorney.

City Council Regular Meeting - Page 170 of 294
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_____ day of ________, 2022.

_________________________
Jorge Cassanova, Mayor
City of Lynwood
ATTEST:

________________________
Maria Quinonez, City Clerk Ernie Hernandez, City Manager

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

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

City Council Regular Meeting - Page 171 of 294
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 resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the Ci ty 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 Council Regular Meeting - Page 172 of 294
4 __________________________
City Clerk, City of Lynwood

City Council Regular Meeting - Page 173 of 294
8-16-2022

City of Lynwood
11330 Bullis Road
Lynwood, CA 90262

To Whom It May Concern:

We, the City of Lynwood, are writing to express our support for the Local Agency Technical Assistance (LATA) Grant application submitted by Lynwood Unified School District in building an advanced broadband network in the City of Lynwood. Universal access to broadband is a clear and urgent priority for every Lynwood resident, business, school, and community member. Due to COVID-19, Lynwood Unified School District (13,000 students; second largest employer in the City of Lynwood with 1700 employees) faced unprecedented challenges ensuring the delivery of instruction to all students especially as the city has dealt with some of the highest numbers of infections within Los Angeles County.

The digital divide continues to burden communities of color across the United States, preventing them from accessing critical services that have been made readily available online. These disparities have been exacerbated by the pandemic, which forced many of us to adopt an internet presence in almost every facet of our lives. Within the boundaries of this specific project area, only 75% of households have an internet subscription and 15% do not have any means of accessing the internet. There is a severe need for reliable broadband in the City of Lynwood, one that can be met most effectively using fiber optic connections.

As Lynwood FiberCity construction commences, the City, Lynwood Unified, and Lynwood Partners Educational Foundation are beginning the process of developing strategies to serve the community’s broadband needs which include potentially serving as a reliable and affordable Internet Service Provider (ISP) either provided through a joint powers authority, cooperative or through a partnership with a broadband provider. Doing so will enable residents and business owners to access faster and more reliable internet to support their endeavors. This is a project that will benefit the people of Lynwood for years to come and we applaud the efforts of Lynwood Unified School District in carrying it forward.

Sincerely,
[signature]

Jorge Cassanova,
Mayor

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Agenda Item # 14.

AGENDA STAFF REPORT
DATE:

August 16, 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:

CONDUCT SECOND READING, READ BY TITLE ONLY, AND WAIVE FURTHER

READING, AND ADOPT AN ORDINANCE APPROVING A DEVELOPMENT

AGREEMENT (DA) BETWEEN THE CITY OF LYNWOOD AND BULLETIN

DISPLAYS, LLC FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD, LYNWOOD ASSESSOR’S PARCEL NUMBER 6194-029-006
Recommendation:

Staff recommends that the City Council:

Conduct second reading, read by title only, and waive further reading, and adopt, the attached Ordinance entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FOR APPROVAL OF THE

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND BULLETIN DISPLAYS, LLC

FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD, LYNWOOD (ASSESSOR’S PARCEL NUMBER 6194-029-006)”

Background:

Bulletin Displays, LLC (herein referred to as the “Applicant”) has submitted a Site Plan Review application (SPR) to construct a new 80-foot tall, as measured from the apex of the adjoining freeway, back-to-back or V-shaped, digital billboard (herein referred to as the “billboard”) consisting of a total billboard sign area of 1,344 square feet (14’ x 48’ or 672 square feet per billboard sign face). The proposed 80 feet is measured from the apex of the adjacent freeway to the top of the 14-foot sign face. Signage aesthetics and the potential height increase as described above will be further reviewed by staff and the matter may be returned to the Planning Commission if Bulletin Display, LLC’s proposed billboards at 11104-06 Wright Road and 11350 Wright Road are drastically different from the other. Staff is recommending that the billboards match the exterior design of the other similar to the color rendering portrayed for this 11104-11106 Wright Road location.

The subject billboard is proposed to be supported by a single supporting post immediately adjacent and west of the Interstate 710 Freeway corridor. The proposed billboard is proposed to be located at 11104 - 11106 Wright Road (APN 6194-029-006) and approximately 700 feet southeast of the Wright Road and Louise Avenue City Council Regular Meeting - Page 176 of 294
intersection.

The subject site is characterized as a rectangularly-shaped, non-sloping site that maintains one (1) industrial structure operating a welding shop. The site is zoned (M) Manufacturing with a General Plan’s Manufacturing land use designation.

The project corridor is located within the northeast area of the City and along the portion of the I-710 Freeway between E. Imperial Highway and Martin Luther King Jr. Boulevard. The City has two (2) designated freeway- oriented billboard corridors within the City: I-105 Freeway and I-710 Freeway. Off-site digital billboards are permitted within these corridors subject to Zoning Code development standards and the approval of a Development Agreement (DA) by the City Council.

As a part of Planning Commission’s review of the project, consideration to adopt Mitigated Negative Declaration
No. 2021-46
and Resolution No. 3444, a review/recommendation of the project’s Development Agreement (DA) to the City Council will also be completed.

PROJECT

Pursuant to Lynwood Municipal Code Section 25-70-14 “Off-Site Outdoor Advertising Displays” of the Lynwood Municipal Code, proposed off-site outdoor advertisement billboards and DAs are subject to City Council decision. A DA (Attachment A) was prepared for the subject, new digital billboard located at 11104 - 11106 Wright Road (APN 6194-029-006) and immediately adjacent to and west of the I-710 Freeway as shown the below aerial map (Attachment D).

The project site is comprised of one (1) parcel with a lot area of approximately 12,723 square feet or 0.29 of an acre. The project site is located in Manufacturing (M) zone, wherein the Lynwood Municipal Code specifically and conditionally permit off-site outdoor advertising displays (billboards) by the process described in Section 25-70-

14. The new electronic billboard will consist of back-to-back displays and will be visible from both north and south bound I-710 Freeway lanes. The new billboard’s size, design, lighting, messages and timing of messages will be consistent with the parameters described in DA. The Applicant shall comply with State law regarding the limitation of light and glare or such other standards as adopted by the Federal Highway Beautification Act and the State's Outdoor Advertising Act. Standards include, but are not limited to, the 0.3 foot-candles limitation over ambient light levels ensuring additional flexibility in reducing such maximum light level standard given existing conditions, including the obligation to incorporate automatic diming capabilities. Each message on the new digital billboard displays shall be displayed for at least eight (8) seconds.

Standard City conditions of approval and site requirements are included as findings confirmed in the positive from section Lynwood Municipal Code 25-130-5.

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Environmental Determination
Pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15063 of the California Environmental Quality Act (CEQA) guidelines, the project completed an Initial Study review and a Mitigated Negative Declaration (MND) was completed pursuant to Section 15064(f)(2) of CEQA guidelines. The impacts associated with a Mitigated Negative Declaration was prepared as the conclusions of the Initial Study determined that the project may cause potentially significant impacts on the environment without mitigation.

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 project and/or in project that have a long lead-time, multiple phases, or long development period, in order to give the developer certainty in regards to the entitlements and other governmental actions.

Under the DA Statute (Government Code Sections 65864-65869.5), cities have a right to enter agreements with private parties to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development. A Development 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 Development Agreement for a specified period of time. In this case three years. This provides the Developer with assurance that the City will not change the terms of development during construction of the project.

It also provides the City with assurance that the development will be completed in a timely manner. DAs are often used in large, complex projects and 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.

There may also be a “business deal” component to a DA, where a city may agree to undertake certain actions to help a project in return for other considerations from a developer, sometimes financial. 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.

Approval Process
Although the City’s Municipal Code does not specify that a DA must first be approved by the Planning Commission, per State Law, the approval of a DA must be affected by both the Planning Commission and City Council actions. As such, if the Planning Commission reviews and recommends the proposed terms of the DA following the public hearing to the City Council, it is recommended that the City Council hear the matter and consider approving the DA after conducting the first reading of the ordinance and set a second reading for the proposed project DA at the following City Council meeting.

The most important parts of DAs are the financial and non-financial deal points that are agreed upon between the City and the Applicant. There are no established rules or policies when negotiating these deal points as each proposal is unique and should be considered on its own merits. The following provides a brief discussion of each of the major deal points:

1. Term - The Agreement shall continue in full force and effect for thirty years from the effective date; and this Agreement may be extended by mutual agreement between the parties at the end of the initial term.

2. Fees - The potential impacts of the Development on the City and surrounding community are difficult to identify and calculate. As such, the Applicant and City agree that a minimal annual development fee of $75,000.00 be paid by Applicant to City in years 1 to 10, $110,000.00 to be paid by Applicant to City in years 11 to 20 and $120,000.00 to be paid by Applicant to City in years 21 to 30 will be paid to address and mitigate potential impacts. Applicant development fee shall become due and payable upon the Digital Display becoming operational. In addition to the minimal annual fee payment, the City will receive the difference between 10% of net annual revenue and the minimal annual fee. Therefore there is a potential, subject to advertising success, that the City will receive additional fees above the annual amounts noted above.

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3. Public Benefits - The digital billboard is expected to generate the following public benefits: City’s Display Time on New Digital Billboard. To the extent that commercial advertising time on the Billboard is unsold and available, Applicant shall provide up to five percent (5%) of total advertising time, free of charge to City, for public service announcements of noncommercial city-sponsored civic events (“City Messages”). City will be responsible for appropriate artwork for the digital displays pursuant to art specifications as specified by Applicant from time-to- time.

4. Prohibited advertising - Developer shall not utilize any of the displays on the new digital billboard to advertise tobacco, marijuana, hashish, “gentlemen’s clubs,” or other related sexually explicit or overly sexually suggestive messages, or as may be prohibited by any City ordinance existing as of the Effective Date of the DA.

Fiscal Impact:

The city shall annually receive in years 1 to 10 $75,000 or a total of $750,000, years 11 to 20 $110,000 or a total of $1,100,000, and years 21 to 30 $120,000 or a total of $1,200,000.

Over the 30 year term the city will generate approximately $3,050,000.

Coordinated With:

City Attorney's Office
ATTACHMENTS:

Description
Attachment A - Ordinance
Attachment B - Location Map
Attachment C - Aerial Photo
Attachment D - Draft Development Agreement
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1 ORDINANCE NO. 1748

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

FOR THE APPROVAL OF THE DEVELOPMENT AGREEM ENT

BETWEEN THE CITY OF LYNWOOD AND BULLETIN DISPLAYS, LLC

FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-
SHAPED DIGITAL BILLBOARD AT 11104-11106 WRIGHT ROAD,
LYNWOOD (ASSESSOR’S PARCEL NUMBER 6194-029-006)

WHEREAS, the Applicant, Bulletin Displays, LLC and (“Applicant”) submitted a request to allow the installation and operation of either a new, back-to-back or V-shaped digital billboard at 11104-11106 Wright Road, Lynwood, Assessor’s Parcel Number 6194- 029-006 (“Subject Property”);

WHEREAS, On May 10, 2022, the City Planning Commission, by Resolution No. 3444 approved the proposed 80-foot tall, either back-to-back or V-shaped digital billboard (herein referred to as the “billboard”) consisting of a total billboard sign area of 1,344 square feet (14’ x 48’ or 672 square feet per billboard sign face). The proposed 80 feet is measured from the apex of the adjacent freeway to the top of the 14-foot sign face;

WHEREAS, the use of this newer electronic billboard technology allows for image change instantaneously, with no special effects, video, flashing, or movement, limiting distraction to drivers on Interstate 710 Freeway corridor;

WHEREAS, the Applicant has negotiated a Development Agreement (DA) and attached hereto as Exhibit “A”. An approved Development Agreement between the City and the Applicant, Bulletin Displays, LLC, will offer the City the ability to extract improvements or benefits for the city that are not possible by way of a site plan review;

WHEREAS, pursuant to the State CEQA Guidelines, a Mitigation Negative Declaration was published with State Clearing House and posted as required by state law from January 14, 2022 to February 15, 2022;

WHEREAS, On May 10, 2022, the City Planning Commission, by Resolution No 3444, approved an Initial Study review and a Mitigated Negative Declaration (MND) No. 2021-46 in compliancewith the State California Environmental Quality Act (CEQA) guidelines, California Code of regulations, Title 14, Chapter 3, sections: 15063 and 15064(f)(2). 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 May 10, 2022, the City Planning Commission adopted Resolution 3444 approving Site Plan Review No. 2021-46, Mitigated Negative Declaration No. 2021- 46, and the associated project’s Development Agreement;

WHEREAS, on May 10, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony related to the Development City Council Regular Meeting - Page 180 of 294
2 Agreement and suffi ciently considered all testimony presented to them in order to recommend approval of the DA to the City Council;

WHEREAS, the Planning Commission recommends the adoption the Bulletin Displays, LLC’s billboard project’s Mitigated Negative Declaration No. 2021 -46 and Mitigation Monitoring Program;

WHEREAS, in accordance with the Lynwood Municipal Code Section 25 -70-14, the Planning Commission will review and provide recommendation to City Council for Development Agreement approval consideration; and

WHEREAS, the Planning Commission, upon giving the required notice did, on the 10th day of May 2022, conduct a duly -advertised public hearing as prescribed by law to consider Site Plan Review No. 2021-46, Mitigated Negative Declaration No. 2021-46, and Development Agreement, at which time evidence, both oral and written, including a staff report were presented and received, and comments were heard from all interested parties appearing in the matter.

NOW, THEREFORE, BE IT RESOLVED 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 and the “Manufacturing” general plan designation. The Findings of Approval associated with the Planning Commission Resolution No 3445, Site Plan Review No. 2021 -46 and Mitigated Negative Declaration No. 2021-46, respectively, adopted by the Planning Commission on May10, 2022 are adopted herein by reference as further support for approval of the Development Agreement.

SECTION 2. State Law allows cities to enter into a Development Agreements with private parties. The Development Agreement is a legal and biding 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 the zoning laws and entitlements in effect on the date of the Development Agreement for a specific period of time. The DA will terminate in three (3) year s if the projects is not completed.

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

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

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3 SECTION 5 . Based on the above recital s, 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 that the project will not adversely affect the surroundings properties.

SECTION 6. The City Council of the City of Lynwood hereby approves the Development Agreement to allow the proposed 80-foot tall, either back-to-back or V - shaped digital billboard (herein referred to as the “billboard”) consisting of a total billboard sign area of 1,344 square feet (14’ x 48’ or 672 square feet per billboard sign face). The proposed 80 feet is measured from the apex of the adjacent freeway to the top of the 14- foot sign face. The subject billboard is proposed to be supported by a single supporting post subject to the conditions per Resolutions No.3445 (Site Plan Review No. 2021 -46 and Mitigated Negative Declaration No. 2021-46)

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, subs ections, sentences, clauses or phrases be declared unconstitutional or invalid.

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

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

PASSED, APPROVED AND ADOPTED this 16th day of August, 2022.

________________________________
Jorge Casanova
Mayor
ATTEST:

_______________________________ ________________________________ Maria Quiñonez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM:

_______________________________
Noel Tapia
City Attorney

STATE OF CALIFORNIA )
City Council Regular Meeting - Page 182 of 294
4 )

COUNTY OF LOS ANGELES )

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

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________________
Maria Quiñonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

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

_______________________________________
Maria Quiñonez, City Clerk

City Council Regular Meeting - Page 183 of 294

ATTACHMENT B

LOCATION MAP

11104-06 Wright Road, Lynwood

City Council Regular Meeting - Page 184 of 294

ATTACHMENT C

AERIAL MAP

Project Location: 11104-06 Wright Road

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1 Recording Requested by and
When Recorded Return to:

CITY OF LYNWOOD
11330 Bullis Road
Lynwood, CA. 90262
Attn: City Clerk
[Exempt From Recording Fee Per Gov. Code § 27383]
DEVELOPMENT AGREEMENT NO.

This Development Agreement (“Agreement”) is entered into this day ___________________ of , 2022, (“Effective Date”) by and between the CITY OF LYNWOOD, a California municipal corporation (“City”) and Bulletin Displays, LLC (“Developer”).

RECITALS
A. California Government Code Sections 65864, et seq., (“Development Agreement Law”) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development.

B. Developer has a long -term leasehold interest (“ Site”) in a portion of the real property commonly known as 11104-11106 Wright Road, in the City of Lynwood, in the County of Los Angeles (Assessor’s Parcel Number 6194 -029-006) (the “Property”), as more specifically described in Exhibit “A”, which Property is approximately 0.2921 acres in size and is improved with a commercial building, along with parking, landscaping and related improvements.

Developer’s Site is located near the eastern boundary of the Property and is adjacent to and visible from the 710 Freeway, as depicted on each Site Plan attached as Exhibit “B”.

C. Developer seeks to install on the Site a 80 foot tall billboard (“Billboard”), as measured from the apex of the adjacent 710 Freeway to the top of the display face, containing a double-sided L.E.D. display (“Digital Display”), each face measuring 14 feet x 48 feet from the base of the display as depicted on Exhibit “C”, pursuant to the terms of this Agreement. In this Agreement, the Billboard and each Digital Displa y are sometimes referred to collectively as “Billboard” and sometimes the “Digital Display” is referred to specifically.

D. In exchange for the City’s approval to install the Billboard and the Digital Display thereon, and in order to mitigate any impacts associated with the installation, Developer agrees to:

1. Pay to the City a development fee and provide other public benefits as set forth in Section 2.5 below, and
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2 2. Install an illuminated sign on the Billboard naming the City of Lynwood at no cost to City with the final design agreed to between the City and Developer; and

3. Agree not to advertise on the Digital Display any content contrary to the provisions of Section 2.7 below.

E. The Site is located in the City’s Manufacturing zone and has a General Plan designation of Industrial.

F. The Project, as defined below, requires a Site Plan approval, which Developer is pursuing through a duly-filed sign review approved by the City concurrently herewith.

G. Developer and City Agree that this Agreement should be approved and adopted to memorialize the expectations of City and Developer as more particularly described herein.

H. On May 10, 2022, the Planning Commission of the City, at a duly noticed hearing to consider the approval of this Agreement, adopted Resolution No. ____________ recommending approval of this Agreement to the City Council and find the Project, as defined below, categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 regarding Urban In-Fill Development Projects.

I. On _________, ____ 2022, the City Council of the City, at a duly noticed hearing to consider the approval of this Agreement, considered the proposal, heard testimony, and introduced Ordinance No. _______, subject to referral of consideration of the matter by the Planning Commission.

J. The City Council has found that this Agreement is in the best public interest of the City and its residents, that adopting this Agreement constitutes a present exercise of the City’s police power, and that this Agreement is consistent with the City’s General Plan. This Agreement and the proposed Project, as defined below, will achieve a number of City Objectives and public benefits.

K. On ________________, 2022, the City Council held the second reading of Ordinance No. _________, hereby approving this Agreement.

L. City finds and determines that all actions required of City precedent to approval of this Agreement by Ordinance No. _________of the City Council have been d uly and regularly taken.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals (which are incorporated into this Agreement as if set forth in full herein) of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS

1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter City Council Regular Meeting - Page 187 of 294
3 capitalized, when used in the Agreement. In Addition to the terms defined in the Recitals above, the defined terms include the following:

1.1.1 “Agreement” means this Development Agreement and all attachments and exhibits hereto.

1.1.2 “Annual Net Revenue” means all income actually received by Developer in connection with the Billboard (net of any commissions paid by Developer to advertising agencies or brokers , not to exceed 16 -2/3%). For the purposes hereof, any income described in this definition will not include the value of any in-kind usage of the Billboard by the City pursuant to Section 2.6 or any other in-kind usage for political messages or for public service messages from nonprofit organizations or for nonpaying clients who are testing the sign or given bonuses.

1.1.3 “Billboard” and “Digital Display” shall have the meanings ascribed in the Recital above

1.1.4 “City” means the City of Lynwood, a California municipal corporation and a general law city.

1.1.5 “City Council” means the City Council of the City.

1.1.6 “Developer” means Bulletin Displays, LLC, duly existing and operating and its successors and assigns, as further described in Section 8.20.

1.1.7 “Development Approval” means the approved Project, based on the approval of the City Council, as further described at Recital G and Section 3.3 herein.

1.1.8 “Effective Date” means the date inserted into the preamble of this Agreement, which is 30 days following approval of this Agreement by ordinance of the City Council, provided the Agreement is signed by the Developer and the City.

1.1.9 “Final Permits” shall be when all approval s necessary to construct the Billboard and the Digital Displays have been obtained from all applicable governmental and quasi- governmental authorities, including but not limited to any and all permits and approvals required by: (i) the Lynwood Municipal Code; (ii) the California Department of Transportation (“Caltrans”) pursuant to the California Outdoor Advertising Act; (iii) applicable utilities affected by the construction; and (iv) CEQA and the State CEQA Guidelines.

1.1.10 “Land Use Regulations” mean s all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, the City’s General Plan and Municipal Code, which govern the development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and spe cifications applicable to the Development of the Billboard at the Site which are in full force and effect as of the Effective City Council Regular Meeting - Page 188 of 294
4 Date of this Agreement. Land Use Regulations shall also include National Pollutant Discharge Elimination System (“NPDES”) regulations, to the extent applicable.

1.1.11 “Lease” means the agreement between Developer and the Property owner granting Developer the legal right to install, operate and maintain the Billboard and Digital Display at the Site.

1.1.12 “Operational” means , the date that all L.E.D. panels of the Digital Display are capable, legally and functionally, of displaying advertising or issuance of all governmental and Southern California Edison approvals, whichever is sooner.

1.1.13 “Project” means the installation , operation and maintenance of the Digital Display on the Billboard on the Site, all in accordance with the Development Approvals, and this Agreement.

1.1.14 “Site” shall have the meaning ascribed in Recital “B”, above.

1.1.15 “Subsequent Land Use Regulations” means any Land Use Regulations that take effect after the Effective Date of this Agreement which may govern the Project.

1.1.16 “Term” shall have the meaning provided in Section 2.4, unless earlier terminated as provided for in this Agreement.

1.2 Exhibits. The following documents are attached hereto and are by this reference made a part of this Agreement:

Exhibit “A” (Legal Description of Property)
Exhibit “B” (Site Plan)
Exhibit “C” (Digital Display and Billboard Elevations)
Exhibit “D” (Form for the Annual Statement of Annual Net Revenues)

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the Project, including actions by the City on application for subsequent Development Approvals affecting the Site, shall be subject to the terms and provisions of this Agreement; provided however, that nothing in this Agreement shall be deemed or construed to modify or amend the Lease, or any of the Developer’s obligations thereunder.

2.2 Interest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and is thus qualified to enter into and be a party to this Agreement under Development Agre ement Law. Additionally, prior to the execution of this Agreement, Developer has allowed City to view a redacted copy of the Lease, which demonstrate that Developer has a long -term leasehold interest in the Site, which interest shall be maintained during the Term of this Agreement, at the discretion the Developer. If Developer’s interest in the Lease is prematurely terminated, Developer may assign this Agreement as provided in Section 2.3, below. If Developer extends the Lease beyond the Term of this Agreement and this Agreement is City Council Regular Meeting - Page 189 of 294
5 not extended to the new Lease expiration date by the City, at the expiration of this Agreement, If Developer’s interest in the Lease terminates before the expiration of this Agreement and Developer is not able to Assign this Agree ment as provided in Section 2.3, Developer will remove the Billboard and Digital Display and sign a written cancellation of this Agreement, as provided in Section 4.1.

2.3 Assignment. Developer shall not assign or otherwise transfer this Agreement, or its interest in the Site to any other person, firm, or entity , without City’s written consent, which shall not be unreasonably withheld. An assignment of this Agreement shall be to a party that has demonstrated positive experience operating billboards similar to the Project, and who can provide evidence of adequate financial resources and expertise in securing advertisers for billboards similar to the Project. Developer shall notify City no later than ninety (90) days prior to any such proposed assignment a nd provide all documentation necessary for City to verify compliance with this requirement. Any transfer not meeting the requirements in this Section 2.3 shall be subject to the approval of the City Council. Any security posted by Developer may be substituted by the assignee or transferee. The prohibition against an assignment without reasonable City’s approval shall not be required for, or deemed to prevent , (i) the renting or subleasing or licensing of space for advertisements or displays consistent with the customary uses and practices for billboards and message boards or (ii) the assignment of this Agreement to any affiliate of Developer or joint venture in which Developer participates provided that Developer submits evidence satisfactory to City that t he principals who own and control Developer will maintain a majority controlling interest after consummation of such transaction and will have the ability to maintain a majority controlling interest throughout the Term, (iii) Developer, in any manner, at D eveloper’s sole discretion, from encumbering Sites or any portion thereof or the Development or any improvement on the Sites thereon by any mortgage, deed of trust or other security device securing financing with respect to the Sites. The City acknowledge s that the lenders providing such financing may require certain Agreement interpretations and modifications and the City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not withhold its consent to any such requested interpretation or modification, provided the City determines such interpretation or modification is consistent with the intent and purposes of this Agreement. Upon reasonable approval by the City Attorney as to form, the City authorizes the City Manager to execute any Notices of Consent to Assignment on behalf of the City or similar financial documentation.

2.4 Term of Agreement. Unless this Agreement is earlier terminated as provided for herein, this Agreement shall continue in full force and effect for thirty (30) years after the date the Digital Display becomes Operational or the removal of the Digital Display, whichever is earlier (“Term”). The Parties may extend the Term or amend the terms of this Agreement by written amendment, subject to approval of the City Council. If the parties are unable to ag ree to extend the Term; then, within thirty (30) days after the expiration or termination of this Agreement, the parties shall execute a written cancellation of this Agreement, which shall be recorded with the County Recorder at the City's expense pursuant to Section 8.1 below

2.5 Public Benefits.

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6 2.5.1 Development Fees.
(a) Minimum Annual Guarantee (“MAG”) . The Developer shall pay City an annual MAG fee of $75,000.00 (the “MAG Fee”) from the 1st year of the term and increase by 2% per year until year 10 of the term. The MAG Fee will be $110,000 in the 1 1th year of the term and increase by 2% per year until year 20 of the term. The Mag Fee shall be $120,000 per year for years 21 to 30 of the initial term.
(b) Percentage Fee. To the extent that ten percent (10%) (the “Annual Revenue Share Percentage”) of the Annual Net Revenue exceeds the MAG (or the prorated MAG for the 1st and last year of the Term) as of March 31st of every year starting the year after the MAG Commencement Date, Developer shall ma ke an additional payment to the City by March 31st of each year of the Term in the amount by which (i) the Annual Revenue Share Percentage multiplied by (ii) the Annual Net Revenue collected by Developer for the immediate preceding Term year exceeds the MAG amount paid by Tenant to the City pursuant to Section 2.5.1(b) for such Term year. In no event shall the amount of the Development Fees due under Section 2.5.1 of this Agreement be less than the MAG.
(1) Reports. Developer shall furnish to City an annual statement of Annual Net Revenue for the Digital Display by March 31 st of each year of the Term. Such statement shall be in a form listed in Exhibit D. Each statement shall be signed and certified to be correct by a duly authorized officer of Developer or by the head of their accounting department.

Developer shall keep and make available complete and materially accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices, showing the Annual Net Revenue, including without limitation, materially accurate records of every sale and other sales transaction made for any advertising display on the Digital Display and any commissions paid by Developer to an agency or broker. Such books of account, records, cash receipts, or other pertinent data shall be kept for a period of no less than four (4) years after the end of each year. The receipt by City of any statement, or any payment of the Percentage Fee for any period, will not bind City as to the correctness of the statement or payment. (2) Inspection and Audit. City, at its sole option, shall be entitled, at any time and from time to time during the Term and during normal business hours and with prior written notice to Developer, to ins pect, examine, copy and audit Developer's books, records and cash receipts as related to Annual Net Revenue. Developer shall cooperate fully with City and City's agents in making the examination. City, at its option, will also be entitled once during eac h year of the Term and once after the Expiration Date or other termination of this Agreement, to cause an independent audit of such records to be performed by a certified public accountant designated by City, provided such accountant is not paid on a conti ngency fee basis.

The audit will be conducted during usual business hours at Developer’s office located at 3127 E.

South Street, Suite B, Long Beach, CA 90805 , unless another location is mutually agreed upon.

If the audit shows that there is a deficiency in the payment of any Percentage Fee, then Developer shall promptly upon notice pay the deficiency to City which payment will not require any penalty or other late fee. City will pay the costs of the audit unless the audit shows that Developer understated Annual Net Revenue by more than three (3%) percent in which case Developer shall City Council Regular Meeting - Page 191 of 294
7 pay all reasonable out -of-pocket costs paid to third party consultants and incurred by City in connection with the audit.
(c) Late Charge; Default Interest.
(1) Late Charge. If Developer fails to pay any payments or fees required under this Agreement after the same is due and payable, such unpaid amount shall be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance.

The late payment charge has been agreed upon by City and Developer, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that City will incur as a result of any such failure by Developer, the actual costs thereof b eing extremely difficult—if not impossible—to determine. The late payment charge constitutes liquidated damages to compensate City for its damages resulting from such failure to pay, and Developer shall promptly pay such charge to City together with any unpaid interest.
(2) Default Interest. If any payments or fees are not paid following the due date, such unpaid amount will bear simple interest at the rate of 10% per year or the maximum permitted by law, whichever is lower (“Default Rate”) from the due date until paid.

However, interest will not be payable on late charges incurred by Developer, nor on any amounts on which late charges are paid by Developer to the extent this interest would cause the total interest to be in excess of that which an indiv idual is lawfully permitted to charge. Payment of interest will not excuse or cure any default by Developer.
(3) Application of Payments . All payments received by City from Developer will be applied to the corresponding obligation owed by Developer to Ci ty. No designation by Developer, either in a separate writing, on a check or money order, or otherwise will modify this Agreement or have any force or effect.

2.5.2 Processing Fee. Developer has paid to City a one -time, nonrefundable processing fee ("Processing Fee") in the amount of Twenty Thousand Dollars ($20,000.00), which shall be used to pay City for the following: (1) City staff’s costs for the review and processing of this Development Agreement separate from the processing of such other b uilding and planning entitlements or CEQA review in connection with the Digital Display and (2) City’s costs associated with costs of the City’s legal counsel or any other of City consultants associated with the preparation, processing, and review of this Agreement. The Processing Fee shall be separate from all fees which are standard and uniformly applied to similar projects in the City, including, but not limited to, business license fees (due by Developer to City annually), one-time plan check fee and building permit fee and any other fees imposed by the City as may be applicable.

2.6 City Usage of Digital Display. To the extent that commercial advertising time on the Billboard is unsold and available, City shall have the right to use up to five percent (5%) of the total advertising time to promote civic and public purposes that serve the needs of the City and its residents, including but not limited to, City events and programs (such usage “City Usage”). City Usage shall be displayed (subject to the terms of this Agreement) during the operation of the Digital Display in increments, equally spread throughout each 24 -hour day on a space available basis as long as the City obtains 5% on an annual basis if they request it (any time not requested City Council Regular Meeting - Page 192 of 294
8 is lost at the end of each year and does not accumulate to the next year), and otherwise in the same manner as other commercial advertising displayed on the Digital Display. The City shall submit all proposed copy to Developer not less than five (5) business days prior to the date the copy is proposed to be displayed. All proposed City Advertising copy shall be prepared and submitted at the City’s sole cost, shall be in a format r eady for posting on the Digital Display per Developer’s posting specification sheet, and shall be subject to Developer’s standard advertising copy rejection and removal policies, which allow Developer to approve or disapprove copy and remove copy once posted or displayed. City represents and warrants that all copy, content and materials supplied by City to Developer for display under this Agreement: (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person o r entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which City and/or Developer may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein have been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. Any content provided by City shall be owned and belong exclusively to the City, and Developer shall not reproduce, sell, or give away any such content without the advance written consent of the City.

2.6.1 Emergency Notifications. Without any offset in the City Usage described above and at no cost to the City and as further consideration for the use and occupancy of Premises, Tenant shall make the Digital Display available to Caltrans and the California Highway Patrol on a space available basis for purposes of “Amber Alerts” and for emergency or disaster notifications by local, state, or federal agencies.

2.6.2 Jurisdictional Sign. In addition, Developer agrees to construct and install on the Billboard an illuminated jurisdictional sign naming the City of Lynwood at no cost to City with the final design agreed to between the City and Developer.

2.6.3 City Facility Authorized. Upon mutual agreement of Developer and the City’s Manager, the City or Developer may install telecommunication equipment (the “Equipment”) on the pole at a cost to be paid by the telecommunication company and if all Parties and the telecommunication enter into a indemnification, defense and hold harmless agreement regarding the Equipment acceptable to Developer and the City and the Developer approve of the modifications requested by the telecommunication company and enter into a lease with the telecommunication company. This clause is subject to the unilateral approval of De veloper’s landlord which can refuse for any reason, reasonable or not.

2.6.4 Fixed Facility Fee: Should City and Developer enter into a lease with a telecommunication company and Developer’s landlord for the installation of an antenna or wireless communication device for cellular, wi -fi or other service on the Billboard pole or structure (the “Device”), the City and Developer shall share equally the gross revenue collected as a result of the Device as additional revenue after the Developer’s landlord portion of the gross revenue is deducted. The party receiving the additional revenue from the telecommunication company shall have the right to review and audit the revenue received within 30 days upon request by the other party.

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9 2.7 Prohibited Use. Developer shall not utilize any of the Digital Displays to advertise or display messages that are:

2.7.2 promotes the sale of firearms, tobacco products, whether directly or indirectly;

2.7.3 promotes sexually oriented materials, adult businesses, entertain ment, products, conventions, events, or websites; and

2.7.4 promotes any product, service or activity illegal under federal, state, or local law.

3. DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT.

3.1 Rights to Develop Billboard on the Site. Subject to and during the Term of this Agreement, Developer shall have the right to develop the Project on the Site in accordance with, and to the extent of, the Final Permits, the Land Use Regulations, and this Agreement, provided that nothing in this Agreement shall be deemed to modify or amend the Lease.

3.2 Effect of Agreement on Land use Regulations. The rules, regulations and official policies governing permitted uses of the Site, the density and intensity of such uses, the maximum height and size of proposed struc tures, and the design, improvement and construction standards and specifications applicable to the development of the Project shall be as set forth in the Land Use Regulations, as such term is defined in Section 1.1. 10, which are in full force and effect on the Effective Date.

3.3 Development Approvals. Developer shall, at its own expense and before commencement of demolition, construction or development of any structures or other work of improvement upon the Site, secure or cause to be secured all necessary Development Approvals, which shall include any and all permits and approvals which may be required by City or any other governmental agency or utility affected by such construction, development or work to be performed by Developer, including but not limited to, necessary building permits and all approvals required under the California Environmental Quality Act ("CEQA") if any, although the Project will be processed as categorically exempt from CEQA pursuant to Section 15332 regarding Urban In-Fill Development Projects. Not by way of limiting the foregoing, in developing and constructing the Project, Developer shall comply with all (1) development standards in City's Municipal Code applicable on the Effective Date, (2) NPDES requirements pertaining to the Project applicable on the Effective Date, (3) all applicable building codes applicable on the Effective Date, except as the Project may be permitted through approved variances and modifications, and (4) all Caltrans rules and regulations necessary to obtain an Outdoor Advertising Permit including a Relocation Agreement, if required. Developer shall pay all normal and customary fees and charges applicable to such permits, and any fees and charges hereafter imposed by City in connection with the Project which are standard and uniformly applied to similar projects in the City.

3.3.1 Relocation. The City shall cooperate and assist the off -site advertising sign Developer with complying with federal, state and local laws for any off -site advertising sign that was approved by a development agreement; including but not limited to assistance with a relocation per Bus. & Professions Code, Section 5412 for any of the off -site City Council Regular Meeting - Page 194 of 294
10 advertising sign locations that are in landscaped classified areas per state law. The Parties acknowledge that the Property located at 11350 Wright Road, in the City of Lynwood, in the County of Los Angeles (Assessor’s Parcel Number 6194 -031-007) is on a landscaped section of the Long Beach (710) Freeway and that Developer will need to pursue a relocation per Bus. & Professions Code, Section 5412. Therefore City desires to support and cooperate in the necessary relocation processes for permitting the construction and operation of billboards on the Property since the relocation allows the City to continued development in a planned manner for the general welfare and benefit of the public.

3.4 Timing of Project. Developer shall commence the Project within one-hundred forty (140 ) days after obtaining the Final Permits. “Commencement" of the Project is herein defined as the start of construction of the Billboard on the Site under the applicable Final Permits.

In the event Developer fails to commence such construction within one-hundred forty (140) days after obtaining the Final Permits, and after compliance with Section 5.3, either party hereto may terminate this Agreement by delivering written notice to the other party, and, in the event of such termination, neither party shall have any further obligation hereunder. However, if circumstances within the scope of Section 8.10 delay the commencement or completion of the Project, it would not constitute grounds for any termination rights found within this Agreement. In such case, the timeline to commence or complete the relevant task shall be extended in the manner set forth at Section 8.10. Notwithstanding the above, Developer shall, at al l times, comply with all other obligations set forth in this Agreement regarding construction of the Project on the Site. Developer shall also maintain and operate the Billboard at all times during the Term of this Agreement in compliance with the provisions set forth below:

3.4.1 Maintenance. Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the maintenance and repair of the Billboard, including but not limited to, the Digital Displays installed thereon, and all related on -Site improvements, easements, rights -of-way and, if applicable, at its sole cost and expense, including, without limitation, poles and lighting, in good repair, free of graffiti, rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, State, and local bodies and agencies having jurisdiction over t he Site.

Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal related to the Billboard; (ii) ongoing maintenance by the Developer of any access area to the Billboard to minimize dust caused by the Project; (iii) the adequate and complete removal or painting over of all graffiti within 48 hours of notice of such graffiti being affixed on the Billboard; and (iv) the repair, replacement and repainting of the structure and the Digital Displays as necessary to maintain such Billboard in good condition and repair.

3.4.2 Developer shall comply with the standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot - candles limitation over am bient light levels at 250 feet, and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City’s Planning Manager or designee with a designated Developer employee’s phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day/7 days per week.

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11 3.4.3 In the event ten percent (10%) or more of the digital sign face is not operating correctly or in the event of a malfunction, Developer shall immediately turn the entire display off, or show a one hundred percent (100%) black image on the display until corrected.

3.5 Changes and Amendments. Developer may determine that changes to the Development Approvals are appropriate and desirable. In the event Developer makes such a determination, Developer may apply in writing for an amendment to the Development Approvals to effectuate such change(s). The Parties acknowledge that City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing the City shall use reasonable discretion and shall not apply a standard different than that used in evaluating requests of other developers. Accordingly, under no circumstance shall City be obligated in any manner to approve any amendment to the Development Approvals. The City Manager shall be authorized to approve, without processing an amendment to this Agreement, any non-substantive amendment to the Development Approvals that does not: (i) adversely impact and/or diminish Developer’s or City’s rights as provided hereunder and (ii) affect and/or block the visibility of the Digital Display or accessibility to the Billboard or (iii) decreases the public benefits set forth herein. All other amendments shall require approval of the City Council.

Nothing herein shall cause Developer to be in default under this Agreement if it upgrades the Digital Display or the Billboard to incorporate newer technology or design; provided Developer shall secure all applicable ministerial permits to do so and such upgrade is consistent with the dimensions provided in this Agreement.

3.6 Reservation of Authority

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Project:
(a) Processing fees and charges of every kind and nature imposed by Ci ty to cover the estimated actual costs to City of processing applications for amendments to the Development Approvals.
(b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, he arings, reports, recommendations, appeals and any other matter of procedure. Notwithstandi ng the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Un iform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit related to an amendment to the Development Approval. Notwithstanding the foregoing, if such cha nge materially changes Developer's costs or otherwise materially impacts its performance hereunder, developer may terminate this Agreement upon ninety (90) days prior written notice.

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12 (d) Regulations that are not in conflict with the Development Approvals or this Agreement.
(e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent to the application of such regulations to the development of the Project.
(f) Applicable Federal, State, County, and multi-jurisdictional laws and regulations which the City is required to enforce against the Site or the development of the Project and that do not have an exception for existing signs or legal nonconforming uses.

3.6.2 Future Discretion of City. This Agreement shall not prevent City from denying or conditionally approving any application for a subsequent development approval on the basis of Subsequent Land Use Regulations.

3.6.3 Modification or Suspension by Federal, State, County, or Multi - Jurisdictional Law. In the event that applicable federal, State, County, or multi-jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there i s no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, State, County, or multi -jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.7 Regulations by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Project as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, State and local laws and regulations applicable to the Billboard and Site that do not have an exception for a legal nonconforming use. To the extent such other public agencies preclude development or maintenance of the Project and do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement except as provided in Section 4.1. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice.

3.8 Public Improvements. Notwithstanding any provision herein to the contrary, City shall retain the right to condition any subsequent development approvals to require Developer to pay any required development fees, and/or to construct the required public infrastructure at such time as City shall determine.

3.9 Fees, Taxes Assessments. This Agreement shall not prohibit the application of customary fees, taxes, or assessments upon the Site.

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13 4. REMOVAL OF BILLBOARDS

4.1 Removal of Digital Display by Developer. If the Parties do not extend the Term of this Agreement pursuant to Section 2.4 above, or if Developer breaches this Agreement after notice and a right to cure as provided in Section 5.3, or if the Developer’s lease with the property owner otherwise terminates before the expiration of this Agreement or following the natural expiration of the Term or extensions thereof, Developer shall remove the Digital Display before lease termination and cancel this Agreement as provided in Section 2 .4. If Developer does not timely remove the Digital Display and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Digital Display and related structures on the Premises at Developer' s expense and return the structures to the Developer or scrap them if Developer does not accept them . If Developer does not timely remove the Digital Display and other improvements as required by this Section and the City does not remove the sign, the City cannot operate the sign or allow anyone else to operate the sign. Developer shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal.

If the Lease terminates before the expiration of this Agreement, Developer will remove the Billboard concurrently with the Lease termination and cancel this Agreement as provided in Section 2.4. If Developer does not timely remove the Billboard and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Billboard at Developer's expense and return the structures to the Developer or scrap them if Developer does not accept them . If Developer does not timely remove the Digital Display and other improvements as required by this Section and the City does not remove t he sign, the City cannot operate the sign or allow anyone else to operate the sign. Developer shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal.

4.2 City’s Right to Removal. Provided Developer is not in material breach hereof and subject to the notice and cure provisions in Section 5.3 herein, City will not have the right to: (i) remove the Digital Display, (ii) limit access to the Digital Display, or (iii) limit the visibility of the Digital Dis play, in any way, which is under their control. Should Developer breach this Agreement, City may only require removal of the Digital Display subject to Developer’s rights in Section 4.1.

5. REVIEW FOR COMPLIANCE.

5.1 Annual Review. The City may review this Agreement annually, at City's sole cost, to ascertain Developer’s good faith compliance with the terms of the Agreement ("Annual Review").

However, no failure on the part of City to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement. Developer shall cooperate with City in the conduct of any Annual Review and timely provide the following information and documentation to City: (1) description of all complaints received regarding the Billboard that w ere unrelated to the content of any message displayed, (2) any updates to Developer's contact information, (3) status and amount of all payment obligations to the City required under this Agreement, (4) any easement or Lease changes that could in any way m aterially impact the City or Developer’s obligations under this Agreement, (5) any utility changes that could in any way materially impact the City or the City Council Regular Meeting - Page 198 of 294
14 obligations under this Agreement, and (6) any maintenance issues addressed or needing to be addressed that were raised by the City per the maintenance requirements herein.

5.2 City Rights of Access. Subject to City's execution of a permit to enter the Property, City’s officers, employees, agents and contractors, shall have the right, at their sole risk and expense, to enter the Site at all reasonable times and with as little interference as possible to the operation of the Billboard thereon, for the purpose of as suring compliance with this Agreement, conducting the annual review under this Section 5, as well as inspecting the construction, reconstruction, relocation, maintenance, repair and service of any public improvements or public facilities located on the Sit e, or to perform any rights of the City under Section 4.2 above. Any damage or injury to the Site or to the Billboard thereon resulting from such entry shall be promptly reported to the Developer to assess the proper repair procedure that the City shall so lely pay for, unless an emergency, where under the City can do a repair at the City’s sole expense and then report the damage and repair to the Developer . Notwithstanding the foregoing, or any other provision in this Agreement (including without limitation Section 4.2 above), City shall have no right to enter the Site unless and until City executes and delivers to Developer a permit to enter (except that this provision is not intended to interfere with the City's police powers to address any nuisance, dange rous condition, or other condition pursuant to the City's ordinances).

Notwithstanding anything to the contrary herein, in no event will City representatives ever climb up the pole of the Billboard during any inspection.

5.3 Procedure. Each party shall have a reasonable opportunity to assert matters, which it believes, have not been undertaken in accordance with the Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If either party concludes that the other party has not complied in good faith with the terms of the Agreement, then such party may issue a written "Notice of Non-Compliance" (“Notice”) specifying the grounds therefore and all facts demonstrating such non-compliance. The party receiving a Notice shall have thirty (30) days to cure or remedy the non -compliance identified in the Notice, or if such cure or remedy is not reasonably capable of being carried out to completion within such thirty (30) day period, to commence to cure or remedy the noncompliance and to diligently and in good faith prosecute such cure or remedy to completion. If the party receiving the Notice does not believe it is out of compliance, it may contest the Notice by responding in writing to said Notice within thirty (30) days after receipt of the Notice. If a response to the Notice has not been received in the offices of the party alleging the non -compliance within the prescribed time period, the Notice shall be conclusively presumed to be valid. If a Notice is contested, the parties shall, for a period of not less than fifteen (15) days after receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice. In the event a cure or remedy is not timely effected or, if the Notice is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, the party alleging the non -compliance may thereupon pursue the remedies provided in Section 6. Neither party hereto shall be deemed in breach of this Agreement if the reason for non-compliance is due to a "force majeure" as defined in, and subject to the provisions of Section 8.10.

5.4 Certificate of Agreements Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that, after City Council Regular Meeting - Page 199 of 294
15 the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and City Council: (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder. Additionally, Developer may, at any time, request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Site.

6. DEFAULT AND REMEDIES

6.1 Termination of Agreement.

6.1.1 Termination of Agreement for Material Default of Developer. City, in its discretion, may terminate this Agreement for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach") after complying with the notice and cure period set forth in Subsection 5.3. In the event of a termination by City under this Section

6.1.1, Developer acknowledges and agrees that City will retain all Fees paid to City and accrued up to the date of the termination. However, this Section 6.1.1 shall have no effect on Developer’s rights as set forth in section 4.1.

6.1.2 Material Default of City. Developer, in its discretion, may terminate or seek any other remedy it deems appropriate for any material failure of City to perform any material duty or obligation of City hereunder or to comply in good faith with the term of this Agreement; provided, however, Developer may seek such remedy pursuant to this Section only after following the procedure set forth in Section 5.3.

6.1.3 Rights and Duties Following Termination. After termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to (i) any obligations to ha ve been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement that occurred prior to said termination, (iii) Developer's obligation to remove the Digital Display pursuant to Section 4.1 or (iv) any continuing obligations to indemnify the other party.

7. INSURANCE, INDEMNIFICATION AND WAIVERS.

7.1 Insurance.

7.1.1 Types of Insurance.
(a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City, as additional insured, and Developer, comprehensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of section 7.2. Developer has agreed to indemnify City hereunder to the extent of the City Council Regular Meeting - Page 200 of 294
16 liability insurance coverage with respect to its use, occupancy, disuse or c ondition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of a least Two Million Dollars ($2,000,000) for bodily injury or death to any one person, at least Four Million Dollars ($4,000,000) for any one accident or occurrence, and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer.
(b) Worker’s Compensation. Developer shall also furnish (or cause to be furnished) to City evidence that Developer and any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder maintains and carries worker's compensation insurance as required by law. (c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A-". All such policies shall be non-assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this section; (ii). Developer shall furnish City with certificates evidencing the insurance and City shall be named as an additional insured on all liability policies of insurance required to be procured by the terms of this Agreement.

7.2.1 Failure to Maintain Insurance and Proof of Compliance. Developer shall deliver to City, in the same manner required for notices, copies of certificates of all insurance policies required of each policy within the following time limits:
(a) For insurance required above, within seven (7) days after issuance of the Final Permits; and
(b) The City can request to see updated copies of the current certificates of all insurance policies required. The City reserves the right to obtain copies of the entire insurance policy, including endorsements.

If Developer fails or refuses to procure or maintain insurance as requir ed hereby or fails or refuses to furnish City with required proof that the insurance has been procured and is in force and paid for, after complying with the requirements of Section 5.4, the City may view such failure or refusal as a default hereunder.

7.2 Indemnification

7.2.1 General. Developer shall indemnify City, and its respective officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the work, operations, or activities City Council Regular Meeting - Page 201 of 294
17 of Developer, its agents, employees, subcontractors, or invitees, hereunder, upon the Site . The City will promptly notify the permittee of any such claim, action, or proceeding against City and will cooperate fully in the defense. To this end:
(a) Developer will defend any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies. (b) Developer will promptly pay any judgment rendered against the City or its respective officers, agents, or employees for any such claims or liabilities arising out of or in connection with such work, operations, or activities of the Developer hereunder, and Developer agrees to save and hold the City and its respective officers, agents, and employees harmless therefrom.

7.2.2 Exceptions. The foregoing indemnity shall not in clude claims or liabilities arising from the sole negligence or willful misconduct of City, its officers, agents, or employees.

7.2.3 Additional Coverage. Without limiting the generality of the foregoing, Developer’s indemnity obligation shall include any liability arising by reason of:
(a) Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever caused by Developer.
(b) Any failure of Developer to comply with performance of all of the provisions of this Agreement.
(c) Any harm, delays, injuries or other damages incurred by any party as a result of any subsurface conditions on the Site caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or an y form of soil contamination.

7.2.4 Loss and Damage. Except as set forth below, City shall not be liable for any damage to property of Developer or others located on the Site, nor for the loss of or damage to any property of Developer or others by theft or otherwise. Except as set forth below, City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Site or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Site, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply: (i) to the extent City or its agents, employees, subcontractors, invitees or representatives cause such injury or damage when accessing the Site, (ii) to the extent covered in any permit to enter executed by the City, or (iii) to negligent or willful acts or omissions of the City, its employees, officials, representatives or agents.

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18 7.2.5 Period of Indemnification. The obligations for indemnity under this Section

7.2 shall begin upon the Effective Date and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification above shall have occurred prior to termination.

7.3 Waiver of Subrogation. Developer and City each agrees that it shall not make any claim against, or seek to recover from the other or its agents, servants, or employees, for any loss or damage to it or to any person or property relating to this Project, except as specifically provided hereunder which includes but is not limited to, a claim or liability arising from the sole negligence or willful misconduct of the City, its officers, agents, or employees.

8. MISCELLANEOUS PROVISIONS.

8.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk within 10 days of execution, as required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation, shall be similarly recorded.

8.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representatio ns, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

8.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this Agreement, which is to allow the Project to be permitted and operated and to provide a public benefit to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

8.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting party or in favor of the non -drafting party, shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

8.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

8.6 Singular and Plural. As used herein, the singular of any word includes the plural.

8.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

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19 8.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

8.9 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the Parties, as well as their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

8.10 Force Majeure. Notwithstanding anything to the contrary herein, neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years and further provided that if such delay is longer than six (6) months, Developer may terminate this Agreement upon written notice to City.

8.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or sub sequent performance of the covenants to be performed hereunder by the benefited party.

8.12 Counterparts. This Agreement may be executed by the parties in duplicate counterparts, which counterparts shall be construed together and shall have the same effect as if all of the parties had executed one and the same instrument.

8.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Se rvice of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Developer seeking enforcement of any of the terms and cond itions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness f ees and reasonable attorneys' fees.

8.14 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any City Council Regular Meeting - Page 204 of 294
20 other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable.

8.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private activity, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No pa rtnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a lega l or equitable interest in such property on the other hand. City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private Project into a "public work" project, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private project into a public work project, it being understood that this Agreement is entered into by City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement.

8.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreemen t and the satisfaction of the conditions of this Agreement.

Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writ ings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

8.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain or Developer's right to seek and collect just compensation or any other remedy available to it.

8.18 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of development agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Non -substantive amendments to the Development Approvals may be approved without amending this Agreement as provided in Section 3.5.

8.19 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this City Council Regular Meeting - Page 205 of 294
21 Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.

8.20 Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or certified, postage prepaid return receipt requested; and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing by providing notice to the other party:

To City: City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: City Manager
With Copy to: Alvarez-Glasman & Colvin
13181 Crossroads Parkway North, Suite 400
City of Industry, CA 91746
Attn: Noel Tapia, City Attorney

To Developer Bulletin Display, LLC
Official Land Lease Notice
3127 E. South Street, Suite B
Long Beach, CA 90805
Attn: Mark A. Kudler

8.21 Nonliability of City Officials. No officer, official, member, employee, agent, or representatives of City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative.

8.22 No Brokers. City and Developer represent and warrant to the oth er that neither has employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee.

8.23 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease.

8.24 Counterparts. This Agreement may be signed in any number of duplicate counterparts, each of which, when combined, shall constitute one and the same document.

(Signatures on Next Page)
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22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above.

“City”

CITY OF LYNWOOD

Date:______________ ____________________________________ Jorge Casanova , Mayor

ATTEST:

_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM

_______________________________
Noel Tapia, City Attorney

“Developer”

BULLETIN DISPLAYS, LLC

Date:______________ ____________________________________ Its: Mark A. Kudler

[Principle Signatures to be Notarized]

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23 EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
(See Following Page)

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24 11104-06 Wright Rd. Lynwood, CA 90262; also known as Los Angeles County Assessor’s No. 6194-029-006

LEGAL

PARCEL 1,
The Southerly 80 feet of the Northerly 140 feet of the following described land:

That portion of Lot 4 o f the Downey and Hellman Tract, in the City of Lynwood, as per map recorded in Book 3, Page 31 of Miscellaneous Records, in the Ottice of the county Recorder of said County, together with that portion of the Rancho San Antonio, in said City, County and State, described as follows:

Beginning at a point in the westerly line of the Los Angeles County Flood Control District, right-of-way, as per deed recorded in Book 7077, Page 176 of Deeds, in said County Recorder’s office, distant thereon North 6° 55’ 46" East, 100.45 feet from the intersection thereof with the North line of the land described in the deed to Ebeneser Burr, recorded in Book 11698 Page 101 of Official Records in said County Recorder’s Officer; thence north 76° 47' 30” West, 106,13 feet to the true point or beginning; thence North 5° 21’ 07” West 81.00 feet to the b eginning of a curve, concave We sterly, having a radius of 2890,00 feet: thence Northerly along said curve, through an angle of 10° 13' 45", an arc distance of 515,96 feet to a point on the South line of Lot 4 of the Downe y and Hallman Tract, as per map recorded in Book 3, Page 31 of Miscellaneous Records, in said Office at the County Recorder, distant thereon south 83° 48' 03" East l71,01 feet from the intersection of said South line with the East line of Wright Road, 50,0o feet wid e, as shown on map of Tract No. 10634, recorded in Book 165, Pages 40 to 4 2, inclusive of Maps, records of said County; thence continuing Northerly along said curve to a line which bears North 74° 51' 26" East, from a point in the southerly line of said Lot 4, that is distant thereon South 83° 46’ 03” East 67.35 feet from the East line of said Wright Road thence South 74° 51’ 26” West 158,72 feet, more or less, to the East line of said Wright Road; thence along said East line, South 15° 08’ 34” East 313.73 feet, more or less, to an angle point therein; thence continuing along said East line, South 19° 08’ 58” West 231.74 feet, more or less, to a point that is distance thereon North 19° 08’ 58” East 131.00 feet from the most Northwesterly corner of the land described in said deed to Ebenezer Burr; thence south 76° 47' 30" East 265.62 feet, more or less, to the true point of beginning,

PARCEL 2:

An easement for building and party wall over the Nor therly six and one -halt inches of the following described land:

The Southerly 100 feet of the Northerly 240 feet of that portion of Lot 4 of the Downey and Hellman Tract, in the City of Lynwood, as per map recorded in book 3, Page 31 of Miscellaneous Records in the Office of the County Recorder of said County, together with that portion of the Rancho San Antonio, in the said City, County and State, descried as follows:

Beginning at a point in the Westerly line of the Los Angeles County Flood Control District, Right-of-Way, as per map recorded in B ook 7077, Page 176 of Deeds, in said county Recorder ’s Office, distant thereon North 6° 55’ 45" East, 100,45 feet from the intersection thereof with the North line of the land described in the Deed to Eben ezer Burr , re corded in Book 11 698, Page 101 o f Official Re cords, in said County Recorder’s Office; then North 76° 47’ 30" West, 106.13 feet to the true point c urve concave Westerly, having a radius of 2890,00 feet; thence Northerly along said curve though an angle of 10° 13' 45”, an arc distance of 515.96 feet to a point on the South line of Lot 4 of the Downey and Hellman Tract, as per map thereof recorded in Book 3, Page 31 of Miscellaneous Record s, in said office of th e Recorder, distant City Council Regular Meeting - Page 209 of 294
25 thereon South 83° 48’ 03” East 171.01 feet from the intersection of said South line with the East line of Wright Road, 50.00 feet wide, as shown on Map of Tract No. 10634, recorded in Book 165, Pages 40 to 42, inclusive of Maps, Records of said County; thence continuing Northerly along said curve to a line which bears North 74° 51’ 26" East from a point in the Southerly line of said Lot 4, that is distant thereon South 83° 48' 03" East 67,35 feet from the East line of said Wright Road; thence South 74° 51’ 26” West 158. 72 feet, more or less, to the East line of said Wright Road; thence along said East line, South 15° 08’ 34” East 313.73 feet, more or less, to an angle point therein; thence continuing along said East line, south 19 ° 08’ 58” West 231,24 feet, more or less, to a point that i s distant thereon North 19° 08’ 58” East 131.00 feet from the most Northwesterly corner of the land described in said Deed to Ebenezer Burr; thence south 76° 47’ 30" East 265.62 feet, more or less, to the true point of beginning.

That portion of the Rancho San Antonio, in said City, County and State, described as follows:

Commencing at a point in the Westerly line of the Los Angeles County Flood Control District, right of way, as per deed recorded in Book 7077, page 176 of Deeds, in said county Recorder's office, distant thereon N 6° 55' 46" E, 100.45 feet from the intersection thereof with the North line of the land described in the deed to Ebeneser Burr, recorded in Book 11698, page 101 of Official Records, in said County Recorder's office; thence N 76° 47' 30" W, 106.13 feet: thence N 5° 21' 07" W 81,00 feet to the beginning of a curve, concave Westerly, having a radius of 2890,00 feet; thence Northerly along said curve, through an angle of 10° 13’ 45", an arc distance of 515,96 feet to a point on the south line of Lot 4 of the Downey and Hellman Tract, as per map recorded in Book 3, Page 31 of Miscellaneous Records, in said office of the Recorder, distant thereon S 83° 48' 03” E 171,01 feet from the int ersection of said South line with the East line o! Wright Road, 50.00 feet wide, as shown on map of Tract No. 10634, recorded in Book 165, pages 40 to 42, inclusive of Maps, records of said county; thence continuing Northerly along said curve to a line which bears N 74° 51’ 26" E, from a point in the Southerly line of said Lot 4, that is distant thereon S 83° 48’ 03” E 67,35 feet from the East line of said Wright Road; thence Southerly along said curve having a radius of 2890,00 feet through an angle of 10° 13' 45", an arc distance of 60.01 feet to a lin e parallel with and distant Southerly 60,00 feet, measured at right angles from said line which bears N 74° 51' 26" E, and being the TRUE POINT OF BEGINNING of this description ; thence along said parallel line S 74 ° 51’ 26" W, 10.00 ; thence Southerly in a direct line to a poin t in a line parallel with said last mentioned parallel line and distant Southerly 80.00 feet measured at right angles therefrom, and being distant along said last mentioned parallel line S 74 ° 51’ 26” W, 17.07 feet from said curve having a radius of 2890.00 feet, thence along last mentioned parallel line N 74° 51’ 26" E, 17.07 feet to said curve; thence Northerly along said curve an arc distance of 80.00 feet to said TRUE POINT OF BEGINNING.

There shall be no abutter’s rights of access appurtenant to the abovedescribed real property in and to the adjacent State Freeway.

SUBJECT TO THE EXCEPTION THEREFROM, all oil, oil rights, minerals, mineral right s, natural gas, natural gas rights, and other hydrocarbons by whatso ever name known that may b e within or under the herein conveyed parcel of land and the rights thereto, together with certain other conditions, as excepted in deed (State Parcel 61657), to the state of California recorded May 28, 1971, in Book 05072, page 2 59 of official Records in said office.

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26 EXHIBIT B

SITE PLAN

(See Following Page)
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27 City Council Regular Meeting - Page 212 of 294
28 EXHIBIT C

ELEVATIONS

(See Following Page)
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29 City Council Regular Meeting - Page 214 of 294
30 EXHIBIT D

FORM FOR THE ANNUAL STATEMENT OF ANNUAL NET REVENUES

(See Following Page)

Form is an example and some descriptions can change
City Council Regular Meeting - Page 215 of 294
31 City Council Regular Meeting - Page 216 of 294
Agenda Item # 15.

AGENDA STAFF REPORT
DATE:

August 16, 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:

CONDUCT SECOND READING, READ BY TITLE ONLY, AND WAIVE FURTHER

READING, AND ADOPT AN ORDINANCE APPROVING A DEVELOPMENT

AGREEMENT (DA) BETWEEN THE CITY OF LYNWOOD AND BULLETIN

DISPLAYS, LLC FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11350 WRIGHT ROAD, LYNWOOD ASSESSOR’S PARCEL NUMBER 6194-031-007
Recommendation:

Staff recommends that the City Council:

Conduct second reading, read by title only, and waive further reading, and adopt, the attached Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FOR APPROVAL OF THE

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND BULLETIN DISPLAYS, LLC

FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-SHAPED DIGITAL BILLBOARD AT 11350 WRIGHT ROAD, LYNWOOD (ASSESSOR’S PARCEL NUMBER 6194-031-007)”

Background:

Bulletin Displays, LLC (herein referred to as the “Applicant”) has submitted a Site Plan Review application (SPR) to construct a new 75-foot tall, V-structure, digital billboard (herein referred to as the “billboard”) consisting of a total billboard sign area of 1,344 square feet (14’ x 48’ or 672 square feet per billboard sign face). The proposed 75 feet is measured from the apex of the adjoining freeway to the top of the 14-foot sign face. The applicant is proposing an additional 10 feet of height (85 feet) to accommodate the proposed sign’s artwork beyond the sign display. Signage aesthetics and the potential height increase as described above will be further reviewed by staff and the matter may be returned to the Planning Commission if Bulletin Display, LLC’s proposed billboards at 11104-06 Wright Road and 11350 Wright Road are drastically different from the other. Staff is recommending that the billboards match the exterior design of the other similar to the color rendering portrayed for the 11104-11106 Wright Road location.

The project plans reflect a V-structure sign and the applicant is requesting to reserve the right to exercise an option to install either their proposed V-structure sign or a back-to-back design and sign display. The applicant will City Council Regular Meeting - Page 217 of 294
communicate his position on this matter for consideration by Commission.

The subject billboard is proposed to be supported by a single supporting post immediately adjacent and west of the Interstate 710 Freeway corridor. The proposed billboard is proposed to be located at 11350 Wright Road (APN
6194-031-007
) and approximately 550 feet southwest of the Wright Road and Martin Luther King Jr.

Boulevard intersection. A note for reference, a smaller parcel (APN 6194-031-014) with a varying width of 29 to 44 feet lies between the subject site and the I-710 Freeway (refer to image below)

The subject site is also characterized as a generally rectangular-shaped, non-sloping site that maintains one (1) industrial structure operating a welding shop. The site is zoned (M) Manufacturing with a General Plan’s Manufacturing land use designation.

PROJECT

Pursuant to Lynwood Municipal Code Section 25-70-14 “Off-Site Outdoor Advertising Displays” of the Lynwood Municipal Code, proposed off-site outdoor advertisement billboards and DAs are subject to City Council decision. A DA (Attachment A) was prepared for the subject, new digital billboard located at 11350 Wright Road (APN 6194-031-007) and immediately adjacent to and west of the I-710 Freeway as shown the below aerial map (Attachment D).

The project site is comprised of one (1) parcel with a lot area of approximately 66,188 square feet or approximately 1.5 acres. The project site is located in Manufacturing (M) zone, wherein the Lynwood Municipal Code specifically and conditionally permit off-site outdoor advertising displays (billboards) by the process described in Section 25-70-14. The new electronic billboard will consist of V-structure (or “V” shaped) displays and will be visible from both north and south bound I-710 Freeway lanes. The new billboard’s size, City Council Regular Meeting - Page 218 of 294
design, lighting, messages and timing of messages will be consistent with the parameters described in DA. The Applicant shall comply with State law regarding the limitation of light and glare or such other standards as adopted by the Federal Highway Beautification Act and the State's Outdoor Advertising Act. Standards include, but are not limited to, the

0.3 foot-candles limitation over ambient light levels ensuring additional flexibility in reducing such maximum light level standard given existing conditions, including the obligation to incorporate automatic diming capabilities. Each message on the new digital billboard displays shall be displayed for at least eight (8) seconds. Standard City conditions of approval and site requirements are included as findings confirmed in the positive from section Lynwood Municipal Code 25-130-

5.Environmental DeterminationPursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15063 of the California Environmental Quality Act (CEQA) guidelines, the project completed an Initial Study review and a Mitigated Negative Declaration (MND) was completed pursuant to Section 15064(f)(2) of CEQA guidelines. The impacts associated with a Mitigated Negative Declaration was prepared as the conclusions of the Initial Study determined that the project may cause potentially significant impacts on the environment without mitigation.

Discussion and Analysis:

1. Term - The Agreement shall continue in full force and effect for thirty (30) years from the effective date; and this Agreement may be extended by mutual agreement between the parties at the end of the initial term.

3. Public Benefits - The digital billboard is expected to generate the following public benefits: City’s Display Time on New Digital Billboard. To the extent that commercial advertising time on the Billboard is unsold and available, City Council Regular Meeting - Page 219 of 294
Applicant shall provide up to five percent (5%) of total advertising time, free of charge to City, for public service announcements of noncommercial city-sponsored civic events (“City Messages”). City will be responsible for appropriate artwork for the digital displays pursuant to art specifications as specified by Applicant from time-to- time.

Fiscal Impact:

The city shall annually receive in years 1 to 10 $75,000 or a total of $750,000, years 11 to 20 $110,000 or a total of $1,100,000, and years 21 to 30 $120,000 or a total of $1,200,000.

Over the 30 year term the city will generate approximately $3,050,000.

Coordinated With:

City Attorney's Office
ATTACHMENTS:

Description
Attachment A - Ordinance
Attachment B - Location Map
Attachment C - Aerial Photo
Attachment D - Draft Development Agreement
City Council Regular Meeting - Page 220 of 294
1 ORDINANCE NO. 1749

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

FOR THE APPROVAL OF THE DEVELOPMENT AGREEM ENT

BETWEEN THE CITY OF LYNWOOD AND BULLETIN DISPLAYS, LLC

FOR THE DEVELOPMENT OF EITHER A NEW BACK-TO-BACK OR V-
SHAPED DIGITAL BILLBOARD AT 11350 WRIGHT ROAD, LYNWOOD
(ASSESSOR’S PARCEL NUMBER 6194-031-007)

WHEREAS, the Applicant, Bulletin Displays, LLC and (“Applicant”) submitted a request to allow the installation and operation of either a new, back-to-back or v-shaped digital billboard at 11 350 Wright Road, Lynwood, Assessor’s Parcel Number 6194-031- 007 (“Subject Property”);

WHEREAS, On May 10, 2022, the City Planning Commission, by Resolution No. 3445 approved the proposed billboard 75-foot-tall (as measured from the apex of the adjacent freeway to the top of the 14 -foot sign face), either a back-to-back or v-shaped digital billboard consisting of a total sign area of 1,344 square feet (14’ x 48’ or 672 square feet per billboard sign face). The subject billboard is proposed to be supported by a single supporting post;

WHEREAS, the Applicant has negotiated a Development A greement (DA) and attached hereto as Exhibit “A”. An approved Development Agreement between the City and the Applicant, Bulletin Displays, LLC , will offer the City the ability to extract improvements or benefits for the City that are not possible by way of a site plan review;

WHEREAS, pursuant to the State CEQA Guidelines, a Mitigation Negative Declaration was published with State Clearing House and posted as required by State Law from January 14, 2022 to February 15, 2022;

WHEREAS, On May 10, 2022, the City Planning Commission, by Resolution No 3445, approved an Initial Study review and a Mitigated Negative Declaration (MND) No. 2021-45 in compliance with the State California Environmental Quality Act (CEQA) guidelines, California Code of regulations, Title 14, Chapter 3, sections: 15063 and 15064(f)(2). 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 May 10, 2022, the City Planning Commission adopted Resolution 3445 approving Site Plan Review No. 2021-45, Mitigated Negative Declaration No. 2021- 45, and the project’s associated Development Agreement;

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2 WHEREAS, on May 10, 2022, the Planning Commission held a d uly noticed and advertised public hearing to receive oral and written testimony related to the Development Agreement and suffi ciently considered all testimony presented to them in order to recommend approval of the DA to the City Council.

WHEREAS, the Planning Commission recommends the adoption the Bulletin Displays, LLC ’s billboard project’s Mitigated Negative Declaration No. 20 21-45 and Mitigation Monitoring Program;

WHEREAS, the Planning Commission, upon giving the required notice did, on the 10th day of May 2022, conduct a duly-advertised public hearing as prescribed by law to consider Site Plan Review No. 2021-45, Mitigated Negative Declaration No. 2021-45, and Development Agreement, at which time evidence, both oral and written, including a staff report were presented and received, and comments were heard from all interested parties appearing in the matter.

NOW, THEREFORE, BE IT RESOLVED 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 and the “Manufacturing” general plan designation. The Findings of Approval associated with the Planning Commission Resolution No 3445, Site Plan Review No. 2021 -45 and Mitigated Negative Declar ation No. 2021-45, respectively, adopted by the Planning Commission on May 10, 2022 are adopted herein by reference as further support for approval of the Development Agreement.

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3 SECTION 5 . Based on the above recitals, the staff report accompanyi ng 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 that the project will not a dversely affect the surrounding properties.

SECTION 6. The City Council of the City of Lynwood hereby approves the Development Agreement to allow the proposed billboard 75-foot-tall (as measured from the apex of the sign to the top of the 14 -foot sign face), back-to-back digital billboard consisting of a total sign area of 1,344 square feet (14’ x 48’ or 672 square feet per billboard sign face) . The subject billboard is proposed to be supported by a single supporting post subject to the conditions per Resolutions No.3445 (Site Plan Review No. 2021-45 and Mitigated Negative Declaration No. 2021-45).

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

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

PASSED, APPROVED AND ADOPTED this 2nd day of August, 2022.

________________________________
Jorge Casanova
Mayor

ATTEST:

_____________________________ ________________________________ Maria Quiñonez Ernie Hernandez
City Clerk City Manager

APPROVED AS TO FORM:

_______________________________
Noel Tapia
City Attorney
City Council Regular Meeting - Page 223 of 294
4 STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________________
Maria Quiñonez, City Clerk

STATE OF CALIFORNIA )
)

COUNTY OF LOS ANGELES )

_______________________________________
Maria Quiñonez, City Clerk

City Council Regular Meeting - Page 224 of 294

ATTACHMENT B

LOCATION MAP

Project Location: 11350 Wright Road

City Council Regular Meeting - Page 225 of 294

ATTACHMENT C

AERIAL MAP

Project Location: 11350 Wright Road

City Council Regular Meeting - Page 226 of 294
1 Recording Requested by and
When Recorded Return to:

CITY OF LYNWOOD
11330 Bullis Road
Lynwood, CA. 90262
Attn: City Clerk
[Exempt From Recording Fee Per Gov. Code § 27383]
DEVELOPMENT AGREEMENT NO.

B. Developer has a long -term leasehold interest (“ Site”) in a portion of the real property commonly known as 11350 Wright Road, in the City of Lynwood, in the County of Los Angeles (Assessor’s Parcel Number 6194 -031-007) (the “Property”), as more specifically described in Exhibit “A”, which Property is approximately 1.53 acres in size and is improved with a commercial building, along with parking, landscaping and related improvements. Developer’s Site is located near the eastern boundary of the Property and is adjacent to and visible from the 710 Freeway, as depicted on each Site Plan attached as Exhibit “B”.

C. Developer seeks to install on the Site a 75 foot tall billboard (“Billboard”) , as measured from the apex of the adjacent 710 Freeway to the top of the display face, containing a double-sided L.E.D. display (“Digital Display”), each face measuring 14 feet x 48 feet from the base of the display as depicted on Exhibit “C”, pursuant to the terms of this Agreement. In this Agreement, the Billboard and each Digital Display are somet imes referred to collectively as “Billboard” and sometimes the “Digital Display” is referred to specifically.

D. In exchange for the City’s approval to install the Billboard and the Digital Display thereon, and in order to mitigate any impacts associated with the installation, Developer agrees to:

1. Pay to the City a development fee and provide other public benefits as set forth in Section 2.5 below, and
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2 2. Install an illuminated sign on the Billboard naming the City of Lynwood at no cost to City with the final design agreed to between the City and Developer; and

3. Agree not to advertise on the Digital Display any content contrary to the provisions of Section 2.7 below.

E. The Site is located in the City’s Manufacturing zone and has a General Plan designation of Industrial.

F. The Project, as defined below, requires a Site Plan approval, which Developer is pursuing through a duly-filed sign review approved by the City concurrently herewith.

G. Developer and City Agree that this Agreement should be approved and adopted to memorialize the expectations of City and Developer as more particularly described herein.

K. On ________________, 2022, the City Co uncil held the second reading of Ordinance No. _________, hereby approving this Agreement.

L. City finds and determines that all actions required of City precedent to approval of this Agreement by Ordinance No. _________of the City Council have been duly and regularly taken.

1. DEFINITIONS AND EXHIBITS

1.1 Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter City Council Regular Meeting - Page 228 of 294
3 capitalized, when used in the Agreement. In Addition to the terms defined in the Recitals above, the defined terms include the following:

1.1.1 “Agreement” means this Development Agreement and all attachments and exhibits hereto.

1.1.3 “Billboard” and “Digital Display” shall have the meanings ascribed in the Recital above

1.1.4 “City” means the City of Lynwood, a California municipal corporation and a general law city.

1.1.5 “City Council” means the City Council of the City.

1.1.6 “Developer” means Bulletin Displays, LLC, duly existing and operating and its successors and assigns, as further described in Section 8.20.

1.1.7 “Development Approval” means the approved Project, based on the approval of the City Council, as further described at Recital G and Section 3.3 herein.

1.1.9 “Final Permits” shall be when all approvals necessary to construct the Billboard and the Digital Displays have been obtained from all applicable governmental and quasi- governmental authorities, including but not limited to any and all permits and approvals req uired by: (i) the Lynwood Municipal Code; (ii) the California Department of Transportation (“Caltrans”) pursuant to the California Outdoor Advertising Act; (iii) applicable utilities affected by the construction; and (iv) CEQA and the State CEQA Guidelines.

1.1.10 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of City, including, but not limited to, the City’s General Plan and Municipal Code, which govern the development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Billboard, the provisions for reservation or dedication of land for public purposes, and the design, improvem ent and construction standards and specifications applicable to the Development of the Billboard at the Site which are in full force and effect as of the Effective City Council Regular Meeting - Page 229 of 294
4 Date of this Agreement. Land Use Regulations shall also include National Pollutant Discharge Elimination System (“NPDES”) regulations, to the extent applicable.

1.1.11 “Lease” means the agreement between Developer and the Property owner granting Developer the legal right to install, operate and maintain the Billboard and Digital Display at the Site.

1.1.13 “Project” means the installation, operation and maintenance of the Digital Display on the Billboard on the Site, all in accordance with the Development Approvals, and this Agreement.

1.1.14 “Site” shall have the meaning ascribed in Recital “B”, above.

1.1.15 “Subsequent Land Use Regulations” means any Land Use Regulations that take effect after the Effective Date of this Agreement which may govern the Project.

1.1.16 “Term” shall have the meaning provided in Section 2.4, unless earlier terminated as provided for in this Agreement.

1.2 Exhibits. The following documents are attached hereto and are by this reference made a part of this Agreement:

2. GENERAL PROVISIONS.

2.2 Interest in Site. City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and is thus qualified to enter into and be a party to this Agreement under Development Agreement Law. Additionally, prior to the execution of this Agreement, Developer has allowed City to view a redacted copy of the Lease, which demonstrate that Developer has a long -term leasehold interest in the Site, which interest shall be maintained during the Term of this Agreement, at the discretion the Developer. If Developer’s interest in the Lease is prematurely terminated, Developer may assign this Agreement as provided in Section 2.3, below. If Developer extends the Lease beyond the Term of this Agreement and this Agreement is City Council Regular Meeting - Page 230 of 294
5 not extended to the new Lease expiration date by the City, at the expiration of this Agreement, If Developer’s interest in the Lease terminates before the expiration of this Agreement and Developer is not able to Assign this Agreement as provided in Section 2.3, Developer will remove the Billboard and Digital Display and sign a written cancellation of this Agreement, as provided in Section 4.1.

2.3 Assignment. Developer shall not assign or otherwise transfer this Agreement, or its interest in the Site to any other person, firm, or entity , without City’s written consent, which shall not be unreasonably withheld. An assignment of this Agreement shall be to a party that has demonstrated positive experience operating billboards similar to the Project, and who can provide evidence of adequate financial resources and expertise in securing advertisers for billboards similar to the Project. Developer shall notify City no later than ninety (90) days prior to any such proposed assignment and provide all documentation necessary for City to verify compliance with this requirement. Any transfer not meeting the requirements in this Section 2.3 shall be subject to the approval of the City Council. Any security posted by Developer may be substituted by the assignee or transferee. The prohibition against an assignment without reasonable City’s approval shall not be required for, or deemed to prevent , (i) the renting or subleasing or licensing of space for advertisements or displays consistent with the customary uses and practices for billboards and message boards or (ii) the assignment of this Agreement to any affiliate of Developer or joint venture in which Developer participates provided that Developer submits evidence satisfactory to City that the principals who own and control Developer will maintain a majority controlling interest after consummation of such transaction and will have the ability to maintain a majority controlling interest throughout the Term, (iii) Developer, in any manner, at Developer’s sole discretion, from encumbering Sites or any portion thereof or the Development or any improvement on the Sites thereon by any mortgage, deed of trust or other security device securing financing with respect to the Sites. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and the City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not withhold its consent to any such requested interpretation or modification, provided the City determines such int erpretation or modification is consistent with the intent and purposes of this Agreement. Upon reasonable approval by the City Attorney as to form, the City authorizes the City Manager to execute any Notices of Consent to Assignment on behalf of the City or similar financial documentation.

2.5 Public Benefits.

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6 2.5.1 Development Fees.
(a) Minimum Annual Guarantee (“MAG”) . The Developer shall pay the City an annual MAG fee of $ 75,000.00 (the “ MAG Fee”) from the 1 st year of the term and increased by 2% per year until year 10 of the term. The MAG will be $110,000 in the 11th year of the term and increased by 2% per year until year 20 of the Term. The MAG Fee shall be $120,000 per year for years 21 to 30 of the initial Term.
(b) Percentage Fee. To the extent that ten percent (10%) (the “Annual Revenue Share Percentage”) of the Annual Net Revenue exceeds the MAG (or the prorated MAG for the 1st and last year of the Term) as of March 31st of every year starting the year after the MAG Commencement Date, Developer shall make an additional payment to the City by March 31st of each year of the Term in the amount by which (i) the Annual Revenue Share Percentage multiplied by (ii) the Annual Net Revenue collected by Developer for the immediate preceding Term year exceeds the MAG amount paid by Tenant to the City pursuant to Section 2.5.1(b) for such Term year. In no event sha ll the amount of the Development Fees due under Section 2.5.1 of this Agreement be less than the MAG.
(1) Reports. Developer shall furnish to City an annual statement of Annual Net Revenue for the Digital Display by March 31 st of each year of the Ter m. Such statement shall be in a form listed in Exhibit D. Each statement shall be signed and certified to be correct by a duly authorized officer of Developer or by the head of their accounting department.

Developer shall keep and make available complete and materially accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices , showing the Annual Net Revenue, including without limitation, mate rially accurate records of every sale and other sales transaction made for any advertising display on the Digital Display and any commissions paid by Developer to an agency or broker. Such books of account, records, cash receipts, or other pertinent data shall be kept for a period of no less than four (4) years after the end of each year. The receipt by City of any statement, or any payment of the Percentage Fee for any period, will not bind City as to the correctness of the statement or payment. (2) Inspection and Audit. City, at its sole option, shall be entitled, at any time and from time to time during the Term and during normal business hours and with prior written notice to Developer, to inspect, examine, copy and audit Developer's books, records and cash receipts as related to Annual Net Revenue. Developer shall cooperate fully with City and City's agents in making the examination. City, at its option, will also be entitled once during each year of the Term and once after the Expiration Date or other termination of this Agreement, to cause an independent audit of such records to be performed by a certified public accountant designated by City, provided such accountant is not paid on a contingency fee basis.

The audit will be conducted during usual business hours at Developer’s office located at 3127 E.

South Street, Suite B, Long Beach, CA 90805 , unless another location is mutually agreed upon.

If the audit shows that there is a deficiency in the payment of any Percentage Fee, then Developer shall promptly upon notice pay the deficiency to City which payment will not require any penalty or other late fee. City will pay the costs of the audit unless the audit shows that Developer understated Annual Net Revenue by more than three (3%) percent in which case Developer shall City Council Regular Meeting - Page 232 of 294
7 pay all reasonable out -of-pocket costs paid to third party consultants and incurred by City in connection with the audit.
(c) Late Charge; Default Interest.
(1) Late Charge. If Developer fails to pay any payments or fees required under this Agreement after the same is due and payable, such unpaid amount shall be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance.

The late payment charge has been agreed upon by City and Deve loper, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that City will incur as a result of any such failure by Developer, the actual costs thereof being extremely difficult —if not impossible—to determine. The late payment charge constitutes liquidated damages to compensate City for its damages resulting from such failure to pay, and Developer shall promptly pay such charge to City together with any unpaid interest.
(2) Default Interest. If any payments or fees are not paid following the due date, such unpaid amount will bear simple interest at the rate of 10% per year or the maximum permitted by law, whichever is lower (“Default Rate”) from the due date until paid.

However, interest will not be payable on late charges incurred by Developer, nor on any amounts on which late charges are paid by Developer to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest will not excuse or cure any default by Developer.
(3) Application of Payments . All payments received by City from Developer will be applied to the corresponding obligation owed by Developer to City. No designation by Developer, either in a separate writ ing, on a check or money order, or otherwise will modify this Agreement or have any force or effect.

2.5.2 Processing Fee. Developer has paid to City a one -time, nonrefundable processing fee ("Processing Fee") in the amount of Twenty Thousand Dollars ($20,000.00), which shall be used to pay City for the following: (1) City staff’s costs for the review and processing of this Development Agreement separate from the processing of such other building and planning entitlements or CEQA review in connection with the Digital Display and (2) City’s costs associated with costs of the City’s legal counsel or any other of City consultants associated with the preparation, processing, and review of this Agreement . The Processing Fee shall be separate from all fees which are standard and uniformly applied to similar projects in the City, including, but not limited to, business license fees (due by Developer to City annually), one-time plan check fee and building permit fee and any other fees imposed by the City as may be applicable.

2.6 City Usage of Digital Display. To the extent that commercial advertising time on the Billboard is unsold and available, City shall have the right to use up to five percent (5%) of the total advertising time to promote civic and public purposes that serve the needs of the City and its residents, including but not limited to, City events and programs (such usage “City Usage”). City Usage shall be displayed (subject to the terms of this Agreement) during the operation of the Digital Display in increments, equally spread throughout each 24 -hour day on a space available basis as long as the City obtains 5% on an annual basis if they request it (any time not requested City Council Regular Meeting - Page 233 of 294
8 is lost at the end of each year and does not accumulate to the next year), and otherwise in the same manner as other commercial advertising displayed on the Digital Display. The City shall submit all proposed copy to Developer not less than five (5) business days prior to the date the copy is proposed to be displayed. All proposed City Advertising copy shall be prepared and submitted at the City’s sole cost, shall be in a format ready for posting on the Digital Display per Developer’s posting specification sheet, and shall be subject to Developer’s standard advertising copy rejection and removal policies, which allow Developer to approve or disapprove copy and remove copy once posted or displayed. City represents and warrants that all copy, content and materials supplied by City to Developer for display under this Agreement: (i) are owned or duly licensed by City and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state, and local laws, rules and regulations and any industry codes or rules by which City and/or Developer may be bound and do not contain any obscene, libelous, slanderous or otherwise defamatory materials or refer in an offensive manner to the gender, race or ethnicity of any individual or group; (iii) are accurate and that all claims contained therein hav e been substantiated; and (iv) do not infringe upon any copyright, trademark or other intellectual property or privacy right of any third party. Any content provided by City shall be owned and belong exclusively to the City, and Developer shall not reprodu ce, sell, or give away any such content without the advance written consent of the City.

2.6.3 City Facility Authorized. Upon mutual agreement of Developer and the City’s Manager, the City or Developer may install telecommunication equipment (the “Equipment”) on the pole at a cost to be paid by the telecommunication company and if all Parties and the telecommunication enter into a indemnification, defense and hold harmless agreement regarding the Equipment acceptable to Developer and the City and the Developer approve of the modifications requested by the telecommunication company and enter into a lease with the telecommunication company. This clause is subject to the unilateral approval of Developer’s landlord which can refuse for any reason, reasonable or not.

2.6.4 Fixed Facility Fee: Should City and Developer enter into a lease with a telecommunication company and Developer’s landlord for the installation of an antenna or wireless communication device for cellular, wi -fi or other service on the Billboard pole or structure (the “Device”), the City and Developer shall share equally the gross revenue collected as a result of the Device as additional revenue after the Developer’s landlord portion of the gross revenue is deducted . The party receiving the additional revenue from the telecommunication company shall have the right to review and audit the revenue received within 30 days upon request by the other party.

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9 2.7 Prohibited Use. Developer shall not utilize any of the Digital Displays to advertise or display messages that are:

2.7.2 promotes the sale of firearms, tobacco products, whether directly or indirectly;

2.7.3 promotes sexually oriented materials, adult businesses, entertainment, products, conventions, events, or websites; and

2.7.4 promotes any product, service or activity illegal under federal, state, or local law.

3. DEVELOPMENT AND IMPLEMENTATION OF THE PROJECT.

3.2 Effect of Agreement on Land use Regulations. The rules, regulations and official policies governing permitted uses of the Site, the density and intensity of such uses, the maximum height and size of proposed structures, and the design, improvement and construction standards and specifications applicable to the development of the Project shall be as set forth in the Land Use Regulations, as such term is defined in Section 1.1. 10, which are in full for ce and effect on the Effective Date.

3.3.1 Relocation. The City shall cooperate and assist the off -site advertising sign Developer with complying with federal, state and local laws for any off -site advertising sign that was approved by a development agreement; including but not limited to assistance with a relocation per Bus. & Professions Code, Section 5412 for any of the off -site City Council Regular Meeting - Page 235 of 294
10 advertising sign locations that are in landscaped classified areas per state law. The Parties acknowledge that the Property located at 11350 Wright Road, in the City of Lynwood, in the County of Los Angeles (Assessor’s Parcel Number 6194 -031-007) is on a landscaped section of the Long Beach (710) Freeway and that Developer will need to pursue a relocation per Bus. & Professions Code, Section 5412. Therefore City desires to support and cooperate in the necessary relocation processes for permitting the construction and operation of billboards on the Property since the relocation allows the City to continued development in a planned manner for the general welfare and benefit of the public.

3.4 Timing of Project. Developer shall commence the Project within one-hundred forty (140) days after obtaining the Final Permits. “Commencement" of the Project is herein defined as the start of construction of the Billboard on the Site under the applicable Final Permits.

In the event Developer fails to commence such construction within one-hundred forty (140) days after obtaining the Final Permits, and after compliance with Section 5.3, either party hereto may terminate this Agreement by delivering written notice to the other party, and, in the event of such termination, neither party shall have any further obligation hereunder. However, if circumstances within the scope of Section 8.10 delay the commencement or completion of the Project, it would not constitute grounds for any termination rights found within this Agreement. In such case, the timeline to commence or complete the relevant task shall be extended in the manner set forth at Section 8.10. Notwithstand ing the above, Developer shall, at all times, comply with all other obligations set forth in this Agreement regarding construction of the Project on the Site. Developer shall also maintain and operate the Billboard at all times during the Term of this Agre ement in compliance with the provisions set forth below:

3.4.1 Maintenance. Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the maintenance and repair of the Billboard, including but not limited to, t he Digital Displays installed thereon, and all related on -Site improvements, easements, rights -of-way and, if applicable, at its sole cost and expense, including, without limitation, poles and lighting, in good repair, free of graffiti, rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, State, and local bodies and agencies having jurisdiction over the Site.

Such maintenance and repair shall include, but n ot be limited to, the following: (i) sweeping and trash removal related to the Billboard; (ii) ongoing maintenance by the Developer of any access area to the Billboard to minimize dust caused by the Project; (iii) the adequate and complete removal or painting over of all graffiti within 48 hours of notice of such graffiti being affixed on the Billboard; and (iv) the repair, replacement and repainting of the structure and the Digital Displays as necessary to maintain such Billboard in good condition and repair.

3.4.2 Developer shall comply with the standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot - candles limitation over ambient light levels at 250 feet, and ensuring additional f lexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City’s Planning Manager or designee with a designated Developer employee’s phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day/7 days per week.

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11 3.4.3 In the event ten percent (10%) or more of the digital sign face is not operating correctly or in the event of a malfunction, Developer shall immediately turn the entire display off, or show a one hundred percent (100%) black image on the display until corrected.

3.6 Reservation of Authority

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Project:
(a) Processing fees and charges of every kind and nature imposed by City to cover the estimated actual costs to City of processi ng applications for amendments to the Development Approvals.
(b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other ma tter of procedure. Notwithstandi ng the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice. (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit related to an amendment to the Development Approval. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, developer may terminate this Agreement upon ninety (90) days prior written notice.

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12 (d) Regulations that are not in conflict with the Development Approvals or this Agreement.
(e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent to the application of such regulations to the development of the Project.
(f) Applicable Federal, State, County, and multi -jurisdictional laws and regulations which the City is required to enforce against the Site or the development of the Project and that do not have an exception for existing signs or legal nonconforming uses.

3.6.3 Modification or Suspension by Federal, State, County, or Multi - Jurisdictional Law. In the event that applicable federal, State, County, or multi-jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there is no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, State, County, or multi -jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsiste nt with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.7 Regulations by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by City may possess authority to regulate aspects of the development of the Project as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, State and local laws and regulations applicable to the Billboard and Site that do not have an exception for a legal nonconforming use. To the extent such other public agencies preclude development or maintenance of the Project and do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreem ent except as provided in Section 4.1. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice.

3.8 Public Improvements. Notwithstanding any provision herein to the contrary, City shall retain the right to condition any subsequent development approvals to require Developer to pay any required development fees, and/ or to construct the required public infrastructure at such time as City shall determine.

3.9 Fees, Taxes Assessments. This Agreement shall not prohibit the application of customary fees, taxes, or assessments upon the Site.

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13 4. REMOVAL OF BILLBOARDS

4.1 Removal of Digital Display by Developer. If the Parties do not extend the Term of this Agreement pursuant to Section 2.4 above, or if Developer breaches this Agreement after notice and a right to cure as provided in Section 5.3, or if the Developer’s lease with the property owner otherwise terminates before the expiration of this Agreement or following the natural expiration of the Term or extensions thereof, Developer shall remove the Digital Display before lease termination and cancel this Agreement as p rovided in Section 2.4. If Developer does not timely remove the Digital Display and other improvements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Digital Display and related structures on the Pr emises at Developer's expense and return the structures to the Developer or scrap them if Developer does not accept them . If Developer does not timely remove the Digital Display and other improvements as required by this Section and the City does not remove the sign, the City cannot operate the sign or allow anyone else to operate the sign. Developer shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal.

If the Lease terminates before the expiration of this Agreement, Developer will remove the Billboard concurrently with the Lease termination and cancel this Agreement as provided in Section 2.4. If Developer does not timely remove the Billboard and other imp rovements as required by this Section, City may, but shall not be required to, remove or cause the removal of the Billboard at Developer's expense and return the structures to the Developer or scrap them if Developer does not accept them . If Developer does not timely remove the Digital Display and other improvements as required by this Section and the City does not remove the sign, the City cannot operate the sign or allow anyone else to operate the sign. Developer shall reimburse City within thirty (30) days of receipt of an itemized accounting of the cost for such removal.

4.2 City’s Right to Removal. Provided Developer is not in material breach hereof and subject to the notice and cure provisions in Section 5.3 herein, City will not have the right to: (i ) remove the Digital Display, (ii) limit access to the Digital Display, or (iii) limit the visibility of the Digital Display, in any way, which is under their control. Should Developer breach this Agreement, City may only require removal of the Digital Display subject to Developer’s rights in Section 4.1.

5. REVIEW FOR COMPLIANCE.

5.1 Annual Review. The City may review this Agreement annually, at City's sole cost, to ascertain Developer’s good faith compliance with the terms of the Agreement ("Annual Review").

However, no failure on the part of City to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement. Developer shall cooperate with City in the conduct of any Annual Review and timely provide the following information and documentation to City: (1) description of all complaints received regarding the Billboard that were unrelated to the content of any message displayed, (2) any updates to Developer's contact information, (3) status and amount of all payment obligations to the City required under this Agreement, (4) any easement or Lease changes that could in any way materially impact the City or Developer’s obligations under this Agreement, (5) any utility changes that could in any way materially impact the City or the City Council Regular Meeting - Page 239 of 294
14 obligations under this Agr eement, and (6) any maintenance issues addressed or needing to be addressed that were raised by the City per the maintenance requirements herein.

5.2 City Rights of Access. Subject to City's execution of a permit to enter the Property, City’s officers, em ployees, agents and contractors, shall have the right, at their sole risk and expense, to enter the Site at all reasonable times and with as little interference as possible to the operation of the Billboard thereon, for the purpose of assuring compliance w ith this Agreement, conducting the annual review under this Section 5, as well as inspecting the construction, reconstruction, relocation, maintenance, repair and service of any public improvements or public facilities located on the Site, or to perform an y rights of the City under Section 4.2 above. Any damage or injury to the Site or to the Billboard thereon resulting from such entry shall be promptly reported to the Developer to assess the proper repair procedure that the City shall solely pay for , unless an emergency, where under the City can do a repair at the City’s sole expense and then report the damage and repair to the Developer . Notwithstanding the foregoing, or any other provision in this Agreement (including without limitation Section 4.2 above) , City shall have no right to enter the Site unless and until City executes and delivers to Developer a permit to enter (except that this provision is not intended to interfere with the City's police powers to address any nuisance, dangerous condition, or other condition pursuant to the City's ordinances).

Notwithstanding anything to the contrary herein, in no event will City representatives ever climb up the pole of the Billboard during any inspection.

5.4 Certificate of Agreements Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, City shall, issue a Certificate of Agreement Compliance ("Certificate") to Developer stating that, after City Council Regular Meeting - Page 240 of 294
15 the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and City Council: (1) this Agreement remains in effect and (2) Developer is in compliance. The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder. Additionally, Developer may, at any time, request from the City a Certificate stating, in addition to the foregoing, which obligations under this Agreement have been fully satisfied with respect to the Site.

6. DEFAULT AND REMEDIES

6.1 Termination of Agreement.

7. INSURANCE, INDEMNIFICATION AND WAIVERS.

7.1 Insurance.

7.1.1 Types of Insurance.
(a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for the mutual benefit of City, as additional insured, and Developer, comprehensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of section 7.2. Developer has agreed to indemnify City hereunder to the extent of the City Council Regular Meeting - Page 241 of 294
16 liability insurance coverage with respect to its use, occupancy, disuse or c ondition of the Site, improvements or adjoining areas or ways, affected by such use of the Site or for property damage, providing protection of a least Two Million Dollars ($2,000,000) for bodily injury or death to any one person, at least Four Million Dollars ($4,000,000) for any one accident or occurrence, and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer.
(b) Worker’s Compensation. Developer shall also furnish (or cause to be furnished) to City evidence that Developer and any contractor with whom Develo per has contracted for the performance of any work for which Developer is responsible hereunder maintains and carries worker's compensation insurance as required by law. (c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by exp ress provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A-". All such policies shall be non-assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against City and against City's agents and representatives except as provided in this section; (ii). Developer shall furnish City with certificates evidencing the insurance and City sha ll be named as an additional insured on all liability policies of insurance required to be procured by the terms of this Agreement.

If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish City with required proof that the insurance has been procured and is in force and paid for, after complying with the requirements of Section 5.4, the City may view such failure or refusal as a default hereunder.

7.2 Indemnification

7.2.1 General. Developer shall indemnify City, and its respective officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the work, operations, or activities City Council Regular Meeting - Page 242 of 294
17 of Developer, its agents, employees, subcontractors, or invitees, hereunder, upon the Site . The City will promptly notify the permittee of any such claim, action, or proceeding against City and will cooperate fully in the defense. To this end:
(a) Developer will defend any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies. (b) Developer will promptly pay any judgment rendered against the City or its respective officers, agents, or employees for any such claims or liabilities arising out of or in connection with such work, operations, or activities of the Developer hereunder, and Developer agrees to save and hold the City and its respective officers, agents, and employees harmless therefrom.

7.2.2 Exceptions. The foregoing indemnity shall not inclu de claims or liabilities arising from the sole negligence or willful misconduct of City, its officers, agents, or employees.

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18 7.2.5 Period of Indemnification. The obligations for indemnity under this Section

7.2 shall begin upon the Effective Date and shall survive termination of this Agreement, provided the actions or omissions subject to indemnification above shall have occurred prior to termination.

8. MISCELLANEOUS PROVISIONS.

8.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, und erstandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

8.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

8.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

8.6 Singular and Plural. As used herein, the singular of any word includes the plural.

8.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

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19 8.8 Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

8.10 Force Majeure. Notwithstanding anything to the contrary herein, neither party shall be deemed to be i n default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years and further provided that if such delay is longer than six (6) months, Developer may terminate this Agreement upon written notice to City.

8.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subs equent performance of the covenants to be performed hereunder by the benefited party.

8.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees an d reasonable attorneys' fees.

8.14 Covenant Not To Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof is legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any City Council Regular Meeting - Page 245 of 294
20 other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable.

8.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either party at any time, 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 Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

8.19 Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this City Council Regular Meeting - Page 246 of 294
21 Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.

To Developer Bulletin Display, LLC
Official Land Lease Notice
3127 E. South Street, Suite B
Long Beach, CA 90805
Attn: Mark A. Kudler

8.24 Counterparts. This Agreement may be signed in any number of duplicate counterparts, each of which, when combined, shall constitute one and the same document.

(Signatures on Next Page)
City Council Regular Meeting - Page 247 of 294
22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above.

“City”

CITY OF LYNWOOD

Date:______________ ____________________________________ Jorge Casanova, Mayor

ATTEST:

_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM

_______________________________
Noel Tapia, City Attorney

“Developer”

BULLETIN DISPLAYS, LLC

Date:______________ ____________________________________ Its: Mark A. Kudler

[Principle Signatures to be Notarized]

City Council Regular Meeting - Page 248 of 294
23 EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY
(See Following Page)

City Council Regular Meeting - Page 249 of 294
24 11350 Wright Rd. Lynwood, CA 90262; also known as Los Angeles County Assessor’s No. 6194-031-007

LEGAL

THAT PORTION OF THE RANCHO SAN ANTONIO, BEING ALSO A PORTION OF THE C. H.

WATTS LAND, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5 PAGE(S) 351 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. , DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF WRIGHT ROAD, WITH THE NORTHERLY LINE OF NORTON ROAD, "NOW CENTURY BOULEVARD"; THENCE ALONG SAID EASTERLY LINE, NORTH 20 ° 10' 25" EAST 295.02 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO WILLIAM R. QUINNEY, ET AL., RECORDED JANUARY 14, 1948 AS INSTRUMENT NO, 456 IN BOOK 26197, PAGE 380, OFFICIAL RECORDS OF SAID COUNTY; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 20 ° 10' 25" EAST 150 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF

QUINNEY, THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LAND OF QUINNEY, A DISTANCE OF 443.56 FEET; THENCE SOUTHERLY IN A DIRECT LINE TO A POINT IN THE SOUTHERLY LINE OF SAID LAND OF QUINNEY, EASTERLY THEREIN, A DISTANCE OF 475.46 FEET FROM THE TRUE POINT O F BEGINNING; THENCE ALONG SAID SOUTHERLY LINE NORTH 80 ° 36' 35" WEST 475.46 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPT AN UNDIVIDED ONE -HALF INTEREST IN ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, IN OR UNDER SAID LAND, LYING BELOW A DEPTH OF 500

FEET FROM THE SURFACE THEREOF, BUT WITHOUT THE RIGHT OF SURFACE ENTRY TO TAKE, MARKET MINE, EXPLORE OR DRILL FOR SAME AS RESERVED BY V.J. TOVATT, A MARRIED MAN AS TO AN UNDIVIDED 96.46 PER CENT INTEREST AND KAREN MARIE TOVATT, AN UNMARRIED WOMAN AS TO AN UNDIVIDED 3.54 PER CENT INTEREST IN DEED RECORDED MARCH 11, 1969 AS INSTRUMENT NO. 51, OFFICIAL RECORDS.

City Council Regular Meeting - Page 250 of 294
25 EXHIBIT B

SITE PLAN

(See Following Page)
City Council Regular Meeting - Page 251 of 294
26 City Council Regular Meeting - Page 252 of 294
27 EXHIBIT C

ELEVATIONS

(See Following Page)
City Council Regular Meeting - Page 253 of 294
28 City Council Regular Meeting - Page 254 of 294
Agenda Item # 16.

AGENDA STAFF REPORT
DATE:

August 16, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Shanell Shipe, Assistant to the City Manager
Brittany Leslie, American Rescue Plan Act Coordinator

SUBJECT:

LYNWOOD RECOVERY PLAN
Recommendation:

It is recommended that the City Council take the following actions:

Consider and adopt the attached resolution entitled “A RESOLUTION OF THE CITY COUCIL OF THE CITY

OF LYNWOOD APPROVING BUDGET ADJUSTMENTS TO AMEND THE LYNWOOD ECONOMIC & COMMUNITY ENHANCEMENT PLAN.”

Background:

Back in 2020 the City was hit hard with the effects of the COVID-19 pandemic. As a result of that, the City had to undergo staff layoffs which ultimately caused removal or reduction in city services as we continued to operate and provide essential services with limited staff.

On February 1, 2022, the City Council approved Resolution #2022.018 that appropriated and reserved funds awarded to the City of Lynwood under the American Rescue Plan Act (ARPA). The Lynwood Economic & Community Enhancement Plan allocated $24.4 million to projects that reflected the community’s interest, were feasible within the time constraints of ARPA funding, and will have a lasting impact on the community.

One area of City services that has not been able to receive necessary care and attention is street medians citywide. As part of the City's recovery plan, staff will initiate a program that will provide much needed attention and landscape vegetation restoration for center medians over a 5 week period.

The overall recovery plan will also aim to address needed services in various areas of the City such as maintenance and code enforcement. Staff is recommending using ARPA funds to contract for supplemental code compliance activities that will allow City staff to better address long standing code issues. Finally, staff is seeking City Council approval to establish a program that provides City youth with employment and incentives to assist City efforts to clean up the City.

City Council Regular Meeting - Page 255 of 294
Discussion and Analysis:

Staff is recommending to amend the Lynwood Economic & Community Enhancement Plan and allocate $36,000 to provide restoration services to street medians, $100,000 for contract code compliance efforts, and $60,000 to establish a Teen Clean Team Program.

It is recommended that Council approve the budget adjustments to the Lynwood Economic & Enhancement Plan.

Corresponding contracts and/or programs will be brought to the City Council for approval consideration.

Fiscal Impact:

Staff is requesting approval of an appropriation of $196,000 from APRA funds.

Coordinated With:

City Manager's Office
ATTACHMENTS:

Description
Reso - ARPA Budget Adjustment
City Council Regular Meeting - Page 256 of 294

RESOLUTION NO.

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

BUDGET ADJUSTMENTS TO AMEND THE LYNWOOD ECONOMIC & COMMUNITY

ENHANCEMENT PLAN

WHEREAS, On March 11, 2021, the President of the United States signed the American Rescue Plan Act of 2021 (ARPA); and

WHEREAS, The ARPA provided $1.9 trillion in relief funding intended to speed up the United States recovery from the economic and health effects of the Coronavirus pandemic; and

WHEREAS, Under the ARPA, Lynwood was awarded $24,400,000 in Recovery funds; and

WHEREAS, The City Council of the City of Lynwood (the “City Council”) approved the Lynwood Economic & Community Enhancement Plan February 1, 2022; and

WHEREAS, staff has identified several Citywide projects that were not included in the Lynwood Economic & Community Enhancement Plan that will require amendments to ensure proper funding levels; and

WHEREAS, as a result, staff is recommending the following proposed budget adjustments, which will amend the Lynwood Economic & Community Enhancement Plan.

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

Section 2. By adoption of this resolution, the City Council approves the Proposed Budget Adjustments and hereby amends the Lynwood Economic & Community Enhancement Plan.

Fund Description Amount
1055 Restoration for Street Medians $36,000
1055 Code Enforcement Officers $100,000
1055 Teen Clean Team Program $60,000
Total $196,000

Section 3. That the City Council authorizes the City Manager, or designee, to make the necessary budget adjustments to the City’s financial system to reflect appropriate changes to Lynwood Economic & Community Enhancement Plan.

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

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

City Council Regular Meeting - Page 257 of 294

PASSED, APPROVED AND ADOPTED this 16th day of August, 2022.

Jorge Casanova
Mayor

ATTEST:

Maria Quinonez

CITY CLERK

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Ernie Hernandez
City Attorney City Manager

City Council Regular Meeting - Page 258 of 294

City Council Regular Meeting - Page 259 of 294
Agenda Item # 17.

AGENDA STAFF REPORT
DATE:

August 16, 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:

SETTING A MINIMUM APPLICANT SUBMISSION TIME FOR FULLY COMPLETED

SPECIAL EVENT PERMITS AND CITY COUNCIL CONSIDERATION FOR USE OF

LYNWOOD CITY PARK
Recommendation:

Background:

The City received an incomplete Special Event Permit application in April of 2022 for the Guatemala County Faire. The event was hosted at the Lynwood City Park for the weekend of June 24 th
to 27
th
. The Applicant was
not able to provide required information, such as Los Angeles County Sheriff support until 1 day prior to the event commencement. The amount of delay, cancelation of the event and stress placed on City Staff, City facilities, contract City staff including Fire and Sheriff departments was such that the collective team of signatories to the Special Event Permit process have agreed that large Special Event requests must require adequate time to prepare all parties for the health and safety of the organizer and attendees.

Based on this most recent experience, City staff and Contract City staff (Sheriff/Fire Department) have concurred that a minimum of five (5) months is required to for the City to co-host a safe and successful event. Consequently, the Applicant must provide a fully completed and executed Special Event Permit application five (5) months prior to the event. This will allow City and Contract City staff to adequately plan and schedule for the event and provide for a safe event.

According to Chapter 4 “Licensing and Business Regulations” of the Lynwood Municipal Code, there are a City Council Regular Meeting - Page 260 of 294
number of activities that require a “special permit” approved by the City Council before approval of the Special Event Permit Application. Any private or non-profit event proposed to be held at Lynwood City Park requires a fully completed Special Event Permit Application.

Discussion and Analysis:

The City Council has the right to approve or deny a Special Event Permit. If a Special Event Permit is approved, the City Council has the right to impose reasonable restrictions or limitations to preserve public peace, safety/welfare, or which will tend to protect the life and property of others.

In reviewing the most recent Special Event Permit Application submitted by the Guatemala County Fair, only 2 months was allowed for setting the event in June 2022. Based on discussions with all the City Departments, insufficient time was allotted by the applicant to allow for an event of this size and magnitude to take place. The applicant worked with the City right up to the day of event without complete City and Contract City staff approving the event.

Currently, there are two (2) organizations who have submitted incomplete Special Event Applications for the same weekend of October 21
st
to 24
th
, 2022 for use and events at Lynwood City Park. The proposed weekend events are only 10 weeks away and do not provide adequate time required by all City Departments in planning and preparation purposes for the proposed weekend.

As noted in the recommendation from City Staff, a fully completed Special Events Permit Application is required prior to consideration by the City Council. Neither current applicant has provided a fully executed and completed application with all signatories and required insurance submittals. The incomplete applications have not been circulated and approved by all required and relevant departments. Both applications do not contain ·

Detailed description of the event (i.e. tents, booths, rides, medical services, parking etc.) ·

Detailed site plan identifying locations of tent, booths, rides, and parking ·

Written permission from the property owner
·

Fire Department clearance
·

Sheriff Department clearance
·

Insurance policy
·

Applicable building permits (i.e. stage, generators, structures) ·

Business license related fees
·

Bonds

Pursuant to the Master Fee Schedule, applicants will be required to pay a number of event fees, which are described below:

License Fee: $3,600 ($200 per day, 18 days total)
Park Rental Fee: $9,816 ($2,454 per day
Fire Clearance Fee: $1,785 ($85 per day, 21 days total with set up and break down) Filling Fee: $30 (flat fee)

Building permits: $200 – approximately (i.e. generators, tent, ramps, handrails and bleachers)

Additional related staffing costs, including but not limited to:

Public Works Department staffing costs
Community Development Staffing costs
Community Development Public Safety Officer Staffing Costs City Parks and Recreation Staffing Costs
City Parks and Recreation Security Staffing costs
Los Angeles County Sheriff Staffing Costs
Los Angeles Fire Department Staffing Costs

Prior to final approval of the Special Event Permit Application, the City’s Building Inspector must inspect the facilities for compliance with all required building permits.

Fiscal Impact:

City Council Regular Meeting - Page 261 of 294
Currently there is no fiscal impact. Staff is asking Council to provide Staff policy on requiring a minimum of five (5) months of a completed Special Application prior to consideration by the Council.

Special Event Permits, by way of example the recent Guatemalan Festival held in late June 2022, does not generate any funds/profit to the the City's general revenue. The $35,000+/- fees that were collected by the City for the Guatemalan festival does not provide and any net profit to the general fund. All fees collected by the City are break even and just cover costs for services provided by Community Development, Public Service Officers, Public Works. Recreation staff, City security in addition to the standard fees noted under the municipal code.

Applicant fees and costs do not generally cover the wear and tear on City facilities and athletic fields.

Coordinated With:

City Manager's Office
Director of Parks and Recreation
ATTACHMENTS:

Description
Attachment A - Resolution
City Council Regular Meeting - Page 262 of 294
RESOLUTION NO.-------

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,

COUNTY OF LOS ANGELE S, STATE OF CALIFORN IA REQUESTING

MINIMUM APPLICANT SUBMISSION TIME FOR FULLY COMPLETED

SPECIAL EVENT PERMITS FOR COUNCIL CONSIDERATION FOR USE OF

LYNWOOD CITY PARK

WHEREAS, a number of applicants proposing to rent Lynwood City Park are seeking City direction on Special Event Permit applications; and

WHEREAS, Staff recently received Council approval to allow approval of a Special Event Permit for the use of Lynwood City Park; and

WHEREAS, Staff, based on the recent experience of allowing Lynwood City Park to be utilized for the Special Event in June 2022, determined that a minimum of five (5) months is required upon receipt of a fully completed and executed Special Event Permit with all required signatories and insurance provided to the City for review and use for event implementation; and

WHEREAS, the purpose is to provide Staff with direction and policy on Special Event Permits for Lynwood City Park.

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

Section 1. The City Council directs City Staff to require that Special Event Permits Applications be fully completed and submitted to the City Staff five (5) months prior to City Council consideration of the Special Event Permit Application for all events at Lynwood City Park; and,

Section 2. The City Council further finds that all City and County laws and regulations must be obeyed and complied with during all activities of the event including but not limited to the following:

a) The applicant shall have in place, and shall p rovide to all of its appropriate agents and employees, an emergency evacuation plan to be reviewed and approved for the event by the Los Angeles County Fire Department and Los Angeles County Sheriff's Department.

b) All exterior tents and the like shall be subject to permit application and inspection by the Building Division prior to commencement of the event. All tents and temporary structures shall comply with Chapter 24 of the 201 9 International Fire Code. Code requirements for separation of tents and other structures shall be observed.

City Council Regular Meeting - Page 263 of 294
c) All temporary power hook -ups or connections shall be approved by the Building Division prior to commencement of the event.

d) The applicant shall have a sufficient number of restrooms/portable toilet facilities, in locations that comply with barrier free requirements. All portable toilet facilities shall be regularly cleaned, and shall remain in a sanitary condition throughout t he entire event, with additional cleanings required depending on attendance at the event. Temporary water supplies shall be in accordance with Los Angeles County Health Department standards.

e) Emergency access to all areas of the property shall be maintai ned throughout the entire event.

Section 3. This resolution shall be effective immediately upon its adoption.

Section 4. 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 16th day of August 2022.

________________________________
Jorge Casanova, Mayor

ATTEST:

_______________________________
Maria Quinonez, City Clerk

APPROVED AS TO FORM APPROVED AT TO CONTENT

_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager

City Council Regular Meeting - Page 264 of 294

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )

Dated this _______ day of ___________, 2022.

City Council Regular Meeting - Page 265 of 294
Agenda Item # 18.

AGENDA STAFF REPORT
DATE:

August 16, 2022

TO:

Honorable Mayor and Members of the City Council

APPROVED BY:

Ernie Hernandez, City Manager

PREPARED BY:

Maria Quinonez, City Clerk
Silvia Pineda, Assistant to the City Clerk

SUBJECT:

REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS & ANNUAL

BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST Recommendation:

In accordance with the rules outlined below, staff recommends that the City Council review the attached list of Board, Commission and Committee members and take the following actions:

1 .

Reconfirm the existing members for another one-year term, ending December 31, 2022; 2 .

Make any needed adjustments, including filling the noted vacancies, and 3 .

Direct staff to post the attached Annual City of Lynwood Boards and Commissions Appointment List, according to Maddy Act requirments.

Currently there is 1 vacancy on the Planning Commission.

Background:

The City Clerk's Office received a resignation from a newly appointed Planning Commissioner.

Discussion and Analysis:

The City Council appoints citizens to serve on a variety of Boards, Commissions, and Committees that have been established under Chapter 2 “Administration” of the Lynwood Municipal Code (LMC). Standing members serve at the pleasure of the City Council and each Council Member appoints one (1) person to serve to represent that City Council Member’s interest with the community. Section 2-12.4 “Appointment and Term of Members” of the LMC, specifies the appointment and term of members, which states:

“a. Candidates for appointment to subsidiary public bodies shall be nominated by a council member and confirmed by a vote of the council. The appointed and confirmed candidates shall serve on the subsidiary public City Council Regular Meeting - Page 266 of 294
bodies to which they have been appointed until the earlier of:

1 .

A replacement is presented to the council for confirmation by the appointing councilmember; 2 .

The appointing council member's term in office has ended; or 3 .

The resignation of an appointee.

b. Members of subsidiary public bodies shall hold office until their successors are appointed, qualified and take office.

c. Any and all provisions of this code relating to terms of office for members of subsidiary public bodies are hereby repealed and shall be governed by the provisions of this section. (Ord. #1584,§1)”

Section 2-12.1(a)(2) “Absence From Meetings; Removal; Compensation” of the LMC, further states "The city council may remove any member of any commission, board or committee at any time and without cause; provided, however, that any action of the city council to remove a member of the personnel board from office prior to the expiration of his term shall not be effective unless approved by at least four (4) councilmember.”

Currently, there is one 1 vacancy for the Planning Commission. The list is being presented this evening for review and potential nominations of community members to fill this vacancy as well as any other adjustments to these Boards, Commissions and Committees, as it deems appropriate, in accordance with the rules outlined in the Maddy Act.

Fiscal Impact:

There is no fiscal impact. Stipends for the Boards, Commissions and Committees are currently budgeted at a total of $50 per member per meeting, which have already been included in the approved FY 2021-22 Operating Budget.

Coordinated With:

N/A
ATTACHMENTS:

Description
Appointment List - Maddy Act 2022
City Council Regular Meeting - Page 267 of 294

BOARD, COMMISSION AND COMMITTEE APPOINTMENTS LIST THROUGH DECEMBER 31, 2022 In compliance with the requirement of the Maddy Act, pursuant to Government Code Section 54972, the following is a list of the City of Lynwood’s Boards and Commission members whose terms run through Decembe r 31, 2022. The qualifications necessary to be appointed to a Board or Commission include being a resident of the City of Lynwood and at least 18 years of age. Appointment dates are shown following each name.

CDBG BOARD PUBLIC SAFETY/TRAFFIC
& PARKING COMMISSION

PERSONNEL BOARD PLANNING COMMISSION CITIZEN OVERSIGHT

COMMITTEE
Meets the 1st Wednesday of
each month at 6:00 p.m. in
designated location on an as
needed basis
Director: John Yonai
Staff: Suzanne Trejo
Meets the 4th Thursday of each
month at 6:00 p.m. in
designated location on an as
needed basis
Director: Thomas Thornton
Staff: Laura Ochoa
Meets the 3rd Thursday of
each month at 5:00 p.m. in
designated location

Director: Patrick Matson
Staff: Maria Salas
Meets the 2nd Tuesday of
each month at 6:00 p.m. in
designated location

Director: John Yonai
Staff: Anel Zarate
Meets the 4th Wednesday of
each month at 6:00 p.m. in
designated location

Director: John Yonai
Staff: Suzanne Trejo

AUDREY CASAS
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Mayor Casanova

JULIAN DEL REAL-CALLEROS
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Mayor Casanova

LILIANA SANCHEZ
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Mayor Casanova
VACANT
Re-Appointment Date:

Term Expires: 12/31/2022
Appointed by:

Mayor Casanova

JAIME ROBERTO FLORES
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by
Mayor Casanova

YOLANDA RODRIGUEZ-

GONZALEZ
Re-Appointment Date:
12/15/2021
Term Expires: 12/31/2022
Appointed by:

Mayor Pro Tem Solache

JOE BATTLE
Appointment Date:
01/05/2022
Term Expires: 12/31/2022
Appointed by:

Mayor Pro Tem Solache

GARY HARDIE
Re-Appointment Date:
12/15/2021
Term Expires: 12/31/2022
Appointed by:

Mayor Pro Tem Solache

ROBERT GOMEZ
Appointment Date:
04/05/2022
Term Expires: 12/31/2022
Appointed by:

Mayor Pro Tem Solache

BRENDA RIVERA
Re-Appointment Date:
12/15/2021
Term Expires: 12/31/2022
Appointed by:

Mayor Pro Tem Solache

SYLVIA RAMIREZ
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Flores

FRANK CARRASCO
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Flores

DEONDRA TISDALE
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Flores

ARTURO RAMIREZ
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Flores

DANIEL SALAZAR
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Flores

LARRY ESPARZA
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Santana

DANIELA ESPINOZA

RODRIGUEZ
Appointment Date: 3/15/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Santana

MARIA ALVARADO
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Santana

ROWLAND BECERRA
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Santana

LORENE REED
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Santana

CHRISTOPHER ACOSTA
Appointment Date:
04/05/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Soto

EFREN LOPEZ
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022

Appointed by:

Council Member Soto

ROSEMILLIE LOPEZ
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Soto

KENNETH WEST
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Soto

ANDREA LOPEZ
Re-Appointment Date:
1/18/2022
Term Expires: 12/31/2022
Appointed by:

Council Member Soto

Updated: 07/07/22
City Council Regular Meeting - Page 268 of 294
Agenda Item # 19.

AGENDA STAFF REPORT
DATE:

August 16, 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

SUBJECT:

PARADE PRODUCTION SERVICES AGREEMENT AND STREET CLOSURES FOR THE CITY’S 2022 CANDY CANE LANE CHRISTMAS PARADE
Recommendation:

Staff recommends that the City Council consider and adopt the attached resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGEANTRY PARADES TO PRODUCE THE 2022 CANDY CANE

LANE CHRISTMAS PARADE AND APPROVING OF STREET CLOSURES NEEDED TO EXECUTE THE PARADE AND SUPPORTING ACTIVITIES.”

Background:

Lynwood’s annual Candy Cane Lane Christmas Parade is a long-standing community tradition.

Pageantry
Parades has successfully served as the City’s parade production company for over 30 years. Staff is recommending approval
to enter into a written scope of services agreement with Pageantry Parades to produce and coordinate the City’s 2022 Candy Cane Lane Christmas Parade. Additionally, staff is requesting approval of street closures associated with the parade.

Discussion and Analysis:

Coordination and execution of a parade at the scale of Lynwood’s annual Candy Cane Lane Christmas Parade is a complex production that requires extensive planning and logistical support from an experienced professional parade production company. Staff has negotiated a cost-effective scope of services agreement with Pageantry Parades for the 2022 event. Special considerations in the proposed agreement for the 2022 event include, but are not limited to:

Guarantee of a minimum amount of parade vehicles to be provided ·

All-inclusive parade production pricing schedule for core services (plus “pass-through” costs for optional rentals)
·

Enhanced pre-parade transportation plan (Reception to Starting Point).

City Council Regular Meeting - Page 269 of 294
·

Radio Communications between City staff, sheriffs and parade production staff

The negotiated
Scope of Services Agreement between the City of Lynwood and Pageantry includes considerations for the following:

Parade Script
b)

Transportation Services
c)

Parade Float
d)

Parade Vehicles
e)

Parade Vehicle Signs, Entry Vehicle Passes and Participant Entry Numbers f)

Prepare and Distribute Parade Applications
g)

Parade Announcer and Judges
h)

Parade Staff for Check-in, Formation and Staging Areas
The City of Lynwood’s Purchasing Ordinance requires that contracts for professional/special services in excess of twenty-five thousand ($25,000) Dollars receive approval of the City Council and the Mayor’s signature, or in his/her absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code 40601 and 40602 and LMC 6-

3.10 . Parade production services have been negotiated at $13,625. However, the proposal also includes City options for additional, “pass-through” direct parade costs that will surpass the $25,000 total threshold.

This specific vendor best and most efficiently arranges à la carte
services and rentals that are expected for the
Lynwood parade. These options are for specialized items and services such as floats, staging, professional Santa Claus actor, prominent marching bands and related transportation ( Attachment #1 - Page #3
). The total value of
the proposed agreement ranges from $13,625 (for parade production only) to $70,000+ (parade production + à la
carte
parade options). The final cost is $13,625 plus the cost of the options that are ultimately selected. Based on past parade productions, City Council requests and community expectations of the parade, it is likely that the majority of the options listed in the proposal will be implemented.

As allowed by
Section 6-3.13 (a-3)
of the Lynwood Municipal Code, staff is requesting to enter into an agreement with
Pageantry Productions
to coordinate the 2022 City of Lynwood Christmas Parade. Section 6-3.13 of the Lynwood Municipal Code states:

6-3.
13 Exceptions:
a.

Any provisions of this section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies, equipment, routine or professional/special services under any of the following circumstances:

1. When an emergency requires that an order be placed with the most available source of supply; or

2. When the supplies, equipment, services or contract could be obtained from only one source; or

3. If the city council shall find, by resolution adopted by not less than four-fifths (4/5) of its members, that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure; or

4. When the city is seeking a contract for garbage collection.

Potentially, there are other providers of parade production services. However, after considerable experience in leading the parade planning efforts, staff has not been able to identify another, full-service & qualified parade production company that can provide the full range of services that the Lynwood parade requires. Moreover, numerous parade-services firms have recently gone out of business due to COVID economic impacts.

Furthermore, given the production’s planning timeline; additional costs involved with producing an RFP; the high probability of a limited response to an RFP and the recommended provider’s experience in producing the Lynwood parade, staff recommends that
Pageantry Parades
be approved as the 2022 parade production
company. Given the scope of the Lynwood parade demands and the limited number of firms specializing in full- parade services, staff expects that issuing an RFP for parade production services would likely result a very limited response and the recommended vendor as the top vendor.

Pageantry Parades
has demonstrated the ability to
successfully perform services that include handling mailings; processing and distribution of participant entries; parade line-up and staging; floats, transportation and key parade entry rentals; parade scripting and production; City Council Regular Meeting - Page 270 of 294
contracting with judges and awards presentation.

Staff recommends that the City Council adopt,
by not less than four-fifths (4/5) of its members,

the attached
resolution approving (a) the agreement with
Pageantry Parades
at a cost not to exceed $70,000; (b) authorizing
the City Manager to execute the agreement, and (c) approving of street closures needed to execute the parade.

Fiscal Impact:

The action requested in this agenda item does not involve a new funding allocation. Funding for the not-to-exceed cost of $70,000 for parade production services and parade options is already included within the adopted FY22/23 City Budget’s
Special Events
Account #
1052.60.701.64020
and designated special events activities
accounts.

Coordinated With:

City Attorney
Finance and Administration
ATTACHMENTS:

Description
Resolution
Attachment A - 2022 Parade Production Scope of Services Attachment B - PSA Draft 2022 Parade Production Services PAGEANTRY City Council Regular Meeting - Page 271 of 294
RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGEANTRY PARADES TO PRODUCE THE 2022 CANDY CANE LANE

CHRISTMAS PARADE AND APPROVING OF STREET CLOSURES NEEDED TO

EXECUTE THE PARADE AND SUPPORTING ACTIVITIES

WHEREAS, the City desires to make use of parade production services to produce and conduct the 2022 City of Lynwood Candy Cane Lane Christmas Parade; and

WHEREAS, Pageantry Parades is a local company experien ced in producing community festivals and parades; and

WHEREAS, the City of Lynwood’s Purchasing Ordinance requires that contracts for professional/special services in excess of Twenty -five Thousand ($25,000) Dollars receive approval of the City Council, p ursuant to the provisions of Gov. Code 40601 and 40602.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

Section 1. The City Council for the City of Lynwood finds and declares that the foregoing recitals are true and correct, and incorporates said recitals fully into this Resolution as substantive findings.

Section 2. That the City Council approves the street closure of Martin Luther King, Jr., Blvd. (between Benwell Drive and Wright Road, inclusive), and Bullis Road (between MLK and Platt Avenue, inclusive), for the purpose of the annual 2022 Candy Cane Lane Christmas Parade and its supporting activities.

Section 3. Per Section 6-3.13.3 of the Lynwood Municipal Code, the Lynwood City Council finds, by this Resolution adopted by not less than four-fifths (4/5) of its members, that acquisition of parade production services may be more economically and efficiently effected through the use of an alternate procedure.

Section 4. That the City Council approves entering into a contractual agree ment with Pageantry Parades to produce the 2022 Candy Cane Lane Christmas Parade.

Section 5. That the City Manager is authorized to issue a purchase order in an amount not to exceed $70,000 for said services (Special Events Account #1052.60.701.64020 and designated accounts for special events activities).

City Council Regular Meeting - Page 272 of 294
Section 6. That the City Manager is authorized to execute an agreement , in a form approved by the City Attorney, with Pageantry Parades to produce the annual Candy Cane Lane Christmas Parade for the year 2022.

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

PASSED, APPROVED and ADOPTED this 16th day of August, 2022.

____________________________
Jorge Casanova, Mayor

ATTEST:

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

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

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

City Council Regular Meeting - Page 273 of 294

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 16th day of August, 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 t he 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 16th day of August, 2022.

Maria Quinonez
City Clerk, City of Lynwood

City Council Regular Meeting - Page 274 of 294
Pageantry Parades
PO Box 2400
Downey, CA 90242
T : ( 562 ) 746 - 2300
F : ( 562 ) 869 - 1927
E : [email protected]
W: www.pageantryparades.com
Attachment A
Scope of Services
July 22, 2022
City of Lynwood
Annual Candy Cane Lane Parade
11330 Bullis Road
Lynwood, CA 90262
We at Pageantry Parades, hereby further known as PARADE, agree to assist the City of Lynwood and their parade committee, hereby further known as CCLP, in producing their Annual Candy Cane Lane Parade on Friday - December 9, 2022 @ 7:00pm. We agree to assist the CCLP with the use of our most up-to-date mailing list to obtain entries for the day of parade.

I. PARADE is responsible for the following Items:

A. Awards
i. Grand Marshal Plaque (1)
ii. Musical Sweepstakes Award (1)
iii. Drill Team Sweepstakes Award (1)
iv. Float Sweepstakes (1)
v. Hometown Award (1) - Best Local Entry
vi. All necessary 1st, 2nd, and 3rd place awards for each class / category offered
B. All necessary participant vehicle passes
1 of 7
ATTACHMENT "A"
and Exhibit "A" of PSA
City Council Regular Meeting - Page 275 of 294
C. All necessary unit numbers with pins for day of parade D. Parade Staff, including but not limited to, Check-In, Formation Area, and Announcer
E. A PARADE representative to attend all necessary parade meetings F. Prepare, Distribute, and Receive by mail, e-mail, or fax all parade paperwork, including but not limited to, applications, letters of Acceptance, Maps, Passes, etc … in conjunction with the parade G. Formulate the parade line-up
H. Write the parade script and provide two (2) hard copies in a folder to the Announcer(s) and / or TV for use day of the event
I. Coordinate / Manage all aspects of the parade on the day of the event including but not limited to Check In, Formation Area(s), Communication with CCLP, and having on hand all necessary paperwork ( line-ups. maps, letters, passes, scripts ), and any additional parade committee approved items ( awards, ribbons, etc )
J. Answer calls, E-mails, and Faxes to the PARADE office from participants, and local agencies during office hours --- Monday - Friday (10:00am - 4:00pm) K. Coordinate with local officials in regards to permits, street closures, barricades / barriers, portable restrooms, city staffing required for the parade
L. Design Application, Map, Acceptance Letter, and Parade Pass for the exclusive use of the City of Lynwood and the Candy Cane Lane Parade, and Contact and arrange for judg ing association
M. Order a Radio Package for PARADE and CCLP ( 2 - Recreation & Community Services, 1 - Los Angeles County Sheriff, 1 - Public Works, & 1 - Private Security )
N. Maintain a minimum General Liability Insurance Coverage of … i. General Liability

a. $1,000,000 ( each occurrence )

b. $2,000,000 ( general aggregate )
ii. Auto Liability
a. Hired
b. Non Owned
c. Scheduled
d. Physical Damage
iii. Workers Compensation
O. Provide Certificate of Insurance to CCLP
P. Acquire a Parade Judg ing Association to Judge all non-dignitary units in the parade
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City Council Regular Meeting - Page 276 of 294
Q. Acquire a Santa Claus [ per secondary budget items - see below ] for the use of CCLP in the parade and at the VIP Hosting Area at Bateman Hall for the hours of 5:30pm - 10:30pm, or until the parade is finished, whichever comes first
R. Use approved Band Transportation / Assistance funds [ per secondary budget items - see below ] to secure marching bands for the parade S. Acquire the Stage [ per secondary budget items - see below ] for the use of CCLP to hold the parade announcer and dignitaries, including, PA System, Microphones ( 4 ), & Lighting Package
T. Set up the Judg ing Area adjacent to the Stage, including Tent, Tables, Chairs, and Lighting for the judging panel
U. Acquire VIP Cars ( convertibles ) for use by dignitaries in the parade. [ Limited to Five ( 5 ) trips unless otherwise agreed to by PARADE ] V. Acquire any item(s), listed or unlisted, under Additional Budget Items ( section iii ) that have not been specifically named in this agreement II. Fee Schedule
A. MAIN BUDGET ITEMS ( approved )

Parade Coordination - - - - - - - - - - $ 11,500.00 Professional Judges Association - - - - - - - - - - $ 1,500.00 VIP Cars ( 5 @ $125.00 ) * - - - - - - - - - - $ 625.00 ____________________________________________________________________________ _ Total Main Budget Items - - - - - - - - - - $ 13,625.00 B. ADDITIONAL BUDGET ITEMS ( Upon Approval ) I. Professional Floats ( Each ) - - - - - - - - - - $15,000.00 II. Stage ** - - - - - - - - - - $ 5,500.00
III. Band Transportation *** - - - - - - - - - - $ 4,000.00 IV. New Orleans Jazz Band - - - - - - - - - - $ 2,500.00 V. Horse Drawn Vehicles ( Each ) **** - - - - - - - - - - $ 1,250.00 VI. Santa Claus - - - - - - - - - - $ 600.00
VII. VIP / Dignitary Ribbons - - - - - - - - - - $ 500.00 VIII. Antique Fire Truck - - - - - - - - - - $ 500.00 IX. Certificate of Insurance - - - - - - - - - - $ 500.00 X. VIP Cars ( Each Additional ) * - - - - - - - - - - $ 125.00 XI. Plaques ( Each, Additional ) - - - - - - - - - - $ 80.00 XII. VIP / Dignitary Signs ( Additional Sets ) - - - - - - - - - - $ 30 .00 XIII. Scripts ( Each, Additional ) - - - - - - - - - - $ 25.00 XIV. Parade Announcer ***** - - - - - - - - - - $ TBD ____________________________________________________________________________ 3 of 7
City Council Regular Meeting - Page 277 of 294
* Cost includes 1 Car / 1 Trip. Additional trips are extra ** Stage, Truss, Lighting, Skirting, Stairs, Railing, Sound Package with 4 Microphones ( 2 Cord / 2 Cordless )
*** $400 - $800 per band
**** Mr. & Miss Lynwood ( 6 people maximum )
***** Pageantry will pay $125.00 towards the cost of an announcer C. PREMIUM BUDGET ITEMS ( Upon Approval ) I. TV / Movie Cars Regular ( each ) - - - - - - - - - - $ 850.00 a. Jurassic Park Jeep
b. Jurassic Park Explorer
c. Austin Powers “Gold Member” Shaguar
d. A-Team Van
e. Transformers - Bumblebee
f. Herbie
g. Ghostbusters ( 2016 Edition )
h. Lightning McQueen
i. Tow Mater
j. Kitt - Knight Rider
k. Baywatch Lifeguard Truck
l. Back to the Future - Delores
m. Back to the Future - McFly Truck
n. Blues Brothers Mobile
o. General Lee - Dodge Charger
p. Starsky & Hutch - Ford Gran Torino
q. Magnum PI - 308 Ferrari
r. Teenage Mutant Ninja Turtle - Van
s. James Bond - Aston Martin “Die Another Day”
t. Star Wars Vehicle
II. TV / Movie Cars Premium ( each ) - - - - - - - - - - $ 2,000.00 a. Batmobile (1966 Edition )
b. Batmobile (1989 Edition )
c. Ghostbusters Ecto-1 ( 1984 Edition )
III. Balloons Package - - - - - - - - - - TBD a. Christmas Ornaments
b. Christmas Ornament Costumes ( Inflatable )
c. Helium
IV. Confetti FX
a. Bronze: 2 Canon Tissue Slowfall ( white ) - - - TBD b. Big Blaster: Continuous Flow - 10 lbs - - - TBD c. Silver: 4 Canon Tissue Slowfall ( white ) - - - TBD d. Combo: Big Blaster & Bronze: - - - TBD

____________________________________________________________________________ 4 of 7
City Council Regular Meeting - Page 278 of 294
III. CCLP hereby agrees to provide / perform the following:

A. Parade hosting for vips / dignitaries

B. Portable restrooms in the formation area, disbanding area, announcers stand, and the parade route as recommended by PARADE
C. Distribute applications to local entries
D. Distribute all press releases to local media
E. Act as liaison between local service clubs, businesses, city agencies and PARADE
F. Acquire the Grand Marshal and any Parade Marshals
G. Provide Banners and Banner Carriers
H. Clear all necessary permits
I. Arrange for electrical power, tables, and chairs for the Stage on the night of the parade
J. Have a parade committee member in attendance the day of the parade to act as a liaison and provide any necessary last minute approvals K. Carry liability insurance which is at minimum equal to that required of PARADE
L. Coordinate for the formation, parade route and disbanding areas to be posted with “no parking” sign s a minimum of 72 hours prior to the parade M. Distribute parade information flyer to any business and / or residence along the parade route, formation area, and disbanding area a minimum of two ( 2 ) weeks prior to the parade
IV. PAYMENT
A. We propose to furnish labor and / or materials, completed and in accordance with / to the above specifications, and subject to the conditions outlined in this agreement and payment documented under the approved Main Budget Items for the minimum sum of …
I. Thirteen Thousand Six Hundred Twenty-Five Dollars and Zero Cents $13,625.00 II. This amount does not include any approved Additional Budget Items or Premium Budget Items, which are over and above the amount listed in Section IV, Paragraph A, Section I.

B. Payment is due as follows:

I. Invoice #1 - Stage Deposit:
a. $1,500.00
b. Payment Due: Upon Contract Approval
c. Payable to: Pageantry Parades
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City Council Regular Meeting - Page 279 of 294
II. Invoice #2 - Main Budget Items
a. Payment Due: Wednesday - December 7, 2022 @ 12:00pm b. Payable to: Pageantry Parades
c. Not to exceed: $13,625.00
III. Invoice #3 - Premium Budget Items
a. Payment Due: Wednesday - December 7, 2022 @ 12:00pm b. Payable to: Companies / Groups listed on the invoice c. Not to exceed: $25,000

IV. Invoice #4 - Floats, HDV’s, & NOJB
a. Payment Due: Wednesday - December 7, 2022 @ 12:00pm b. Payable to: Companies / Groups listed on the invoice c. HDV: Horse Drawn Vehicles
d. NOJB: New Orleans Jazz Band
e. Pageantry will acquire Insurance policies from Santa Float and HDV’s that name CCLP as an Additional Insured

V. CANCELATION POLICY

A. In the event of cancellation, the following policies and / or penalties will be in effect.

I. If Cancelled By:

a. 08/09/22 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 5,500.00 b. 09/09/22 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 7,000.00 c. 10/09/22 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $ 8,500.00 d. 11/09/22 @ 12:00pm - - - - - - - - - - - - - - - - - - - - - - $10,000.00 II. Amounts noted directly above are for Main Budget Items only. It does not include penalties incurred for cancelation of Additional Budget Items or Premium Budget Items, such as Santa Claus, Horse Drawn Vehicles, Floats, VIP Ribbons, VIP Cars, etc ... that have been approved by CCLP via this agreement, at a parade meeting, or in writing.

III. Any notice given after 11/09/22 @ 12:00pm will result in a penalty of 100% of all Main Budget Items, Additional Budget Items, and Premium Budget Items confirmed by PARADE at the time of cancellation.

IV. Upon written Notice of Cancellation, PARADE will submit a Final Invoice(s) for total cancellation costs. Payment of invoice(s) should be made within 15 days of Cancellation Notice.
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City Council Regular Meeting - Page 280 of 294
VI. CONFIDENTIALITY AGREEMENT

a. The above prices, specifications and conditions of this contract, respectfully submitted are between PARADE and CCLP. The contents of this six page agreement are a private contract between the two parties and as such the details shall not be shared with any person, business, organization, sub contractor or entity on the part of CCLP, outside of those approved in advanced by, or without the express written consent of, PARADE, except where prohibited or required by law.

VII. ACCEPTANCE
The above prices, specifications and conditions respectfully submitted are satisfactory and are hereby accepted. You are authorizing PARADE to do the work as specified.

DATE OF ACCEPTANCE:

BY: David A. Sarell Date: 7/22/22 ( pageantry parades )
BY: _______________________________________________ Date: _________________ ( city of lynwood )
BY: _______________________________________________ Date: _________________ ( city of lynwood )
All parade paperwork (applications, maps, passes, acceptance letters, etc ..), the information contained within, and the submitted applications, whether on-line or hard copy, with the exception of local entry contact information, is the sole property of PARADE. Any use of these forms or information without the express written consent of PARADE is prohibited.

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City Council Regular Meeting - Page 281 of 294

ATTACHMENT B

1 PROFESSIONAL SERVICES AGREEMENT

This agreement (“Agreement”) is made as of [Insert month and date] ____, [Insert Year] by and between the City of Lynwood, a municipal corporation ("City") and Pageantry Parades (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S

WHEREAS, City desires to utilize the services of Consultant as an independent contractor to [insert brief description of work] as set forth in the Scope of Services attached hereto as Exhibit A; and

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

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

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

2. Term of Agreement. This Agreement shall commence on [Insert month and date], [Insert year] (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than [Insert Date], unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

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

B. Total payment to Consultant pursuant to this Agreement shall not exceed $70,000.000 (Seventy Thousand).

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and be yond the ordinary expenses associated wit h performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur City Council Regular Meeting - Page 282 of 294

ATTACHMENT B

2 such expenses; and (III) receipts documenting such expenses.

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

5. Addresses.

City of Lynwood

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

Company

Pageantry Parades
PO Box 2400
Downey, CA 90242
Attn: David A. Sarell

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

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

SIGNATURES ON FOLLOWING PAGE

City Council Regular Meeting - Page 283 of 294

ATTACHMENT B

3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.

CITY

CITY OF LYNWOOD

By: ______________________________ ______________________ Ernie Hernandez, City Manager Date

CONSULTANT

Pageantry Parades

By: _______________________________ ________________________ David A. Sarell Date

ATTEST:

By: ______________________________ ________________________ Maria Quinonez, City Clerk Date

APPROVED AS TO FORM:

By: ______________________________ ________________________ Noel Tapia, City Attorney Date

City Council Regular Meeting - Page 284 of 294
1 EXHIBIT A

SCOPE OF WORK

City Council Regular Meeting - Page 285 of 294
1 EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

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

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

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

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

Consultant further agrees to defend, indemnify, and hold the City harmless for any and City Council Regular Meeting - Page 286 of 294

ATTACHMENT B

2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.

2. Standard of Performance

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

3. Indemnification.

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

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

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

City Council Regular Meeting - Page 287 of 294

ATTACHMENT B

3 4. Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

5. Release of Information/Confidentiality.

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

B. Consultant shall promptly notify City should Consultant, its officers, City Council Regular Meeting - Page 289 of 294

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

6. Ownership of Work Product.

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

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

7. Conflict of Interest.

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

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

B. Consultant covenants not to give or receive any compensation, monetary or City Council Regular Meeting - Page 290 of 294

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6 otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.

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

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

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

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

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

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

10. Non-Discrimination and Equal Employment Opportunity.

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

B. Consultant will, in all solicitations or advertisements for employees placed by City Council Regular Meeting - Page 291 of 294

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7 or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

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

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

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

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

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

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

16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this City Council Regular Meeting - Page 292 of 294

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8 Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.

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

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

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

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

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

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

23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” herein means an event which is beyond the reasonable control of a Party, City Council Regular Meeting - Page 293 of 294

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9 including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civi l unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties emplo yees; (h) shortage of adequate power or transportation facilities.

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

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Lynwood City CouncilAugust 16, 2022

Lynwood City Council
August 16, 2022