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
March 7, 2023
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 3/3/2023 by MQ
6:00 PM
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
Oscar Flores, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Juan Munoz-Guevara, Council Member
Jose Luis Solache, 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 186
Lynwood Housing Authority
Lynwood Utility 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).)
PUBLIC HEARING
8. RENEWAL OF TORRANCE PIPELINE COMPLANY, LLC, PIPELINE FRANCHISE;
INTRODUCTION OF AN ORDINANCE FOR FIRST READING ESTABLISHING THE
FRANCHISE
Comments:
Torrance Pipeline Company LLC is requesting to extend the existing pipeline agreement for an additional 10 years with annual payments to the municipality in accordance with the Public Utilities Code Section 2135. a new Ordinance, resolution and public hearing is required in order to comply with Public Utilities Code Section 6232. (CD)
Recommendation:
Staff recommends that the City Council:
Open public hearing concerning renewal of the franchise agreement Introduce for first reading by title only the attached ordinance entitled, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING A
NONEXCLUSIVE FRANCHISE TO TORRANCE PIPELINE COMPANY TO
OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION
OF OIL AND GAS UNDER CERTAIN PUBLIC WAYS AND PUBLIC PLACES IN THE CITY OF LYNWOOD; SETTING FORTH CONDITIONS ACCOMPANYING A GRANT OF NONEXCLUSIVE FRANCHISE; PROVIDING FOR AMOUNT AND
METHOD OF PAYMENT BY FRANCHISEE FOR THE PRIVILEGE GRANTED, AND PROVIDING FOR THE TERM OF THE NONEXCLUSIVE FRANCHISE"
CONSENT CALENDAR
ALL MATTERS LISTED UNDER THE CONSENT CALENDAR WILL BE ACTED UPON BY ONE MOTION AFFIRMING THE ACTION RECOMMENDED ON THE AGENDA. THERE WILL BE NO SEPARATE DISCUSSION ON
THESE ITEMS PRIOR TO VOTING UNLESS MEMBERS OF THE COUNCIL OR STAFF REQUEST SPECIFIC ITEMS TO BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.
9. APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated March 7, 2023 for FY 2022-2023. (FIN)
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant
register dated March 7, 2023 for FY 2022-2023.
City Council Regular Meeting - Page 2 of 186
10. PREVIOUS MEETING MINUTES
Comments:
Approving previous meeting minutes for the Lynwood City Council (CC) November 15, 2022 Regular City Council Meeting
January 17, 2023 Regular City Council Meeting
January 26, 2023 Special City Council Meeting
February 21, 2023 Regular City Council Meeting
Recommendation:
Staff recommends that the Lynwood City Council approve the following minutes:
November 15, 2022 Regular City Council Meeting
January 17, 2023 Regular City Council Meeting
January 26, 2023 Special City Council Meeting
February 21, 2023 Regular City Council Meeting
11. APPROVAL OF THE SALE OF SAFE & SANE FIREWORKS - 2023 Comments:
The purpose of this item is to approve the sale of safe & sane fireworks for 2023. (CC)
Recommendation:
Staff recommends that the City Council approve the sale of safe & sane fireworks.
12. STAFF RECOMMENDS REJECTION OF ALL BIDS FOR THE IMPROVEMENT WORK AT LOS ANGELES COUNTY FIRE STATION 147
Comments:
The City conducted an informal bidding process for the improvements at Fire Station 147 and three (3) contractors were invited to bid. After bids were submitted it was determined that the lowest bidder Seniors and Juniors Inc. did not comply with submitting required documents during the bidding process. Therefore, Staff recommends city council to reject all bids and re-advertise the informal bid. (PW)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “
A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, REJECTING ALL BIDS FOR THE IMPROVEMENTS AT LOS ANGELES COUNTY FIRE STATION 147.”
13. LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARDED BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $444,000 AND
PARTNERING WITH HR&A ADVISORS TO SUCCESSFULLY IMPLEMENT AND
EXECUTE AWARDED FUNDS
Comments:
A Local Agency Technical Assistance grant was awarded by the California Public Utilities Commission to the Lynwood Unified School District and the City of Lynwood in the amount of $444,000. LUSD in conjunction with the City is partnering with HR&A Advisors to implement and execute awarded funds. (IT)
Recommendation:
Staff recommends that the City Council receive and file.
NEW/OLD BUSINESS
14. RESOLUTION IN OPPOSITION OF INITIATIVE 21-0042A1; LETTER OF PROTEST City Council Regular Meeting - Page 3 of 186
FOR FAILED EXIDE CLEAN-UP EFFORTS
Comments:
On Feb. 1, 2023, the “Taxpayer Protection and Government Accountability Act,” or AG# 21- 0042A1, qualified for the November 2024 ballot. This anti-local control measure will decimate vital local and state services to the benefit of wealthy corporations. The measure is sponsored by the California Business Roundtable (CBRT) — the lobbying arm of the largest and wealthiest corporations in California.
Recommendation:
Staff recommends that the City Council do the following:
1 .
Review and approve a "Resolution
to Oppose Initiative 21-0042A1” and execute the
attached letter informing the League of California Cities that the City of Lynwood joins its effort to defeat this proposition.
2 .
Execute a letter
to Department of Toxic Substances Control protesting the failed efforts to clean up the contamination caused by Exide.
15. CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LYNWOOD AND THE COUNTY OF LOS ANGELES FOR COORDINATION
OF DIGITAL CONNECTIVITY INVESTMENTS
Comments:
Consideration to approve a Memorandum of Understanding (MOU) between the City of Lynwood and the County of Los Angeles to cooperate and coordinate resources to apply for third party funding opportunities and/or development of community-based connectivity projects. (IT)
Recommendation:
It is recommended that the City Council (i) approve a Memorandum of Understanding (MOU) (Attachment “A”) between the City and the County of Los Angeles to support broadband connectivity and address the digital divide in the form finalized by the City Manager and City Attorney; and (ii) authorize the City Manager and City Attorney to make non-substantive changes and execute all related documents.
16. CITYWIDE MONUMENT DESIGN SELECTION
Comments:
On October 26, 2022, city entered into an agreement with Hunt Design to provide design and planning services for citywide monument identification signs. Entry and exit monument sign concepts were presented to the CIP adhoc committee on January 31, 2023. The committee reviewed concepts and made its recommendations to be considered by the City Council. The City Council will consider the concepts approved by the committee consider approval of design and locations for primary, secondary, and tertiary city monuments to be displayed throughout high traffic entrances of the City.
Recommendation:
Staff recommends that the City Council review and select from proposed entry/exit monument designs and adopt the attached resolution entitled: “CITYWIDE MONUMENT DESIGN SELECTION.”
17. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
18. STAFF ORAL COMMENTS
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON MARCH 21, 2023 AT 6:00 P.M. IN THE City Council Regular Meeting - Page 4 of 186
COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
City Council Regular Meeting - Page 5 of 186
Agenda Item # 8.
AGENDA STAFF REPORT
DATE:
March 7, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Gabriel Linares PE,
Director of Community Development
SUBJECT:
RENEWAL OF TORRANCE PIPELINE COMPLANY, LLC, PIPELINE FRANCHISE;
INTRODUCTION OF AN ORDINANCE FOR FIRST READING ESTABLISHING THE
FRANCHISE
Recommendation:
Staff recommends that the City Council:
Open public hearing concerning renewal of the franchise agreement Introduce for first reading by title only the attached ordinance entitled, "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD GRANTING A NONEXCLUSIVE FRANCHISE TO
TORRANCE PIPELINE COMPANY TO OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE
TRANSPORTATION OF OIL AND GAS UNDER CERTAIN PUBLIC WAYS AND PUBLIC PLACES IN THE CITY OF LYNWOOD; SETTING FORTH CONDITIONS ACCOMPANYING A GRANT OF NONEXCLUSIVE FRANCHISE; PROVIDING FOR AMOUNT AND METHOD OF PAYMENT BY
FRANCHISEE FOR THE PRIVILEGE GRANTED, AND PROVIDING FOR THE TERM OF THE NONEXCLUSIVE FRANCHISE"
Background:
Pursuant to Ordinance No. 1600 adopted by the City Council on March 18, 2008, the City granted ExxonMobil Oil Corporation the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing oil and petroleum products through, under and along City streets (see attached copy of Ordinance).
The franchise succeeded a similar franchise between ExxonMobil and the County of Orange that pre dated City incorporation. On June 7, 2016, the City Council approved a transfer of the franchise to Torrance Pipeline Company, LLC (grantee), who is the successor in interest to the related pipeline assets and remains the current owner.
The current franchise agreement term is fifteen (15) years, ending on April 17, 2023. The City receives a franchise fee from the grantee on a semi-annual basis, which is based on the allowable rate for similar public utility pipelines (per Public Utilities Code Section 6231.5[b][1]), which includes applicable adjustments annually based on the Consumer Price Index
.
The physical pipeline facility is twelve inches
(12'')
in diameter and has a
length of 6,525 linear feet. It runs through the westerly portion of the City in a north-south alignment (see attached City Council Regular Meeting - Page 6 of 186
exhibit). The pipeline continues southerly and north beyond the City limits to its point of destination at the grantee's terminal facility in the City of
Vernon.
As the expiration date (April 17, 2023) for the franchise is approaching, Torrance Pipeline Company, LLC, submitted a letter to the City on April 5, 2022, requesting renewal of the franchise agreement (see attached copies).
Public Utilities Code (PUC) Division 3, Chapter 2, authorizes local municipalities to grant franchises to private firms to lay pipes and appurtenances for transmitting oil under and along public streets in accordance with certain parameters outlined in the chapter. The two-step procedure for granting such franchises is outlined in Section 6232 et seq., which states that upon receiving an application, the legislative body shall pass a resolution declaring its intention to grant the franchise applied for, stating the character of the franchise, setting forth a notice of the day, hour, and place when and where all persons having any objection to the granting thereof may appear before the legislative body and be heard thereon, and directing the clerk of the legislative body to publish the notice at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the municipality. The time for the public hearing shall be not less than twenty (20) nor more than sixty (60) days after the date of the passage of the resolution.
Discussion and Analysis:
Based on the foregoing procedural requirements, the City Council may adopted Resolution No. XXXXXX on February 7, 2023, initiating renewal of the franchise agreement and setting a public hearing concerning renewal of the franchise agreement for the regular City Council meeting on March 7, 2023 and directing the City Clerk to publish notice of same
within the local newspaper (15-days after adoption of resolution). Accordingly, a public hearing notice meeting the requirements of PUC Section 6232 et seq was published in the local Newspaper.
The subject pipeline franchise has been operating safely and without incident at its current location for decades. Per section 51014.5(b) of the CA Government Code, M-145 was last hydrostatically tested on 1/21/2019. The pipeline was last inspected on 12/20/2019 by in-line inspection per 49 CFR 195.452. The pipeline in-line inspection schedule is currently set to five years with the next inspection due in 2024. On this basis, staff has retained the essential framework of the existing 2008 franchise agreement in preparing the current renewal, while incorporating only necessary updates to some of its provisions. As drafted, the attached renewal ordinance/agreement includes the following substantive revisions:
Agreement Term- The current agreement reflects an initial 15-year term with provision for an additional 15 years to extend out to April 2038.
Insurance- The required amount of liability insurance has been updated and current.
The fee has been updated per California Public Utilities Code Section 6231.5(e)(2).
The Original revenue estimated for a 6,525 linear foot, 12 inch pipeline is based on the California Public Utilities Code Section 6231.5(e)(2) of $1.68 per cubic ft for a 12 inch pipeline including adjustments based on the increase in the Consumer Price Index.
The 2023 f
ee projection is: $10,640 and $10,674, a total payments of $21,314 (including a 5% projected increase in the CPI rate).
After further discussion and negotiation with Torrance Pipeline, Staff agreed on a new rate of $3.51 per lineal foot that equals $22,903/annually with no annual adjustment and a one time granting fee of $10,000. This is an increase from the original proposal.
Staff also obtained a letter form the Department of Forestry and Fire Protection Office of the State Fire Marshal "Pipeline Safety Division" stating that the Torrance Pipeline is in compliance with Federal and State laws and regulations regarding the maintenance and operation of the pipeline in the City of Lynwood.
Fiscal Impact:
The General Fund will receive semi-annual revenue payments for the term of the lease with appropriate CPI rate increases. The projected 2023 lease payment will be $22,903/annually with a one time granting fee $10,000.
Coordinated With:
City Council Regular Meeting - Page 7 of 186
Approved as to form by City attorney.
ATTACHMENTS:
Description
Torrance Pipeline LLC franchise renewal request
Torrance LLC Pipeline Reso
Public hearing notice
State Fire Marshall Compliance ltr
Torrance LLC Pipeline Ordinance 10yr
City Council Regular Meeting - Page 8 of 186
Torrance Pipeline
Company LLC
12851 East 166th Street
Cerritos, California 90703
www.pbfenergy.com
Company LLC
December 5, 2022
Sent Via Email
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Mr. Gabriel Linares
RE: FRANCHISE ORD. NO. 1600
(As amended by Resolution 2016.109)
Our File: R/W TPC 4900
Dear Mr. Linares,
On June 07, 2016, the Lynwood City Council approved Resolution No.2016.109, which consented to the transfer and assignment of the above referenced pipeline franchise agreement to Torrance Pipeline Company LLC.
Torrance Pipeline Company LLC (Applicant) submits this written request to the City of Lynwood to extend Ordinance No. 1600 (and its subsequent amendments) for an additional 15 years. If granted an extension, Torrance Pipeline will continue to pay to the City of Lynwood an annual fee as outline in the subject agreement. For your review, attached is map a that depicts active 12- inch M-145 pipeline segment located within the city boundaries.
I look forward to working with the city staff on the renewal of this agreement. Should you have questions or require additional information, please contact me at (310) 212-4374 or at [email protected].
Very truly yours,
Adriane R. Simon
Right of Way Agent
Enclosures
City Council Regular Meeting - Page 9 of 186
City Council Regular Meeting - Page 10 of 186
RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO
TORRANCE PIPELINE COMPANY LLC
RECITALS
WHEREAS, On March 18, 2008, the City Council of the City of Lynwood (“City Council”) adopted Ordinance No. 1600, which granted ExxonMobil Oil Corporation a non-exclusive fifteen (15) year franchise to operate and maintain a pipeline system for the transportation of oil and gas under certain public ways and public places within City boundaries (“Franchise”); and
WHEREAS, on June 7, 2016, the City Council approved the transfer of Pipeline Ordinance No. 1600 from the ExxonMobil Oil Corporation to Torrance Pipeline Company LLC; and
WHEREAS, the Franchise will expire in April of 2023 and Torrance Pipeline Company LLC desire to extend the Franchise for an additional fifteen (15) year term; and
WHEREAS, on April 5, 2022 and December 5, 2022, Torrance Pipeline Company LLC has filed requests to extend the existing pipeline Franchise; and
WHEREAS, pursuant to California Public Utilities Code Section 6232, the City Council desires to adopt a resolution declaring its intent to grant a pipeline franchise to Torrance Pipeline Company LLC and direct the City Clerk to publish notice of the related hearing within fifteen (15) days after adoption of said resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Resolution.
Section 2 . That City Council hereby declares its intention to grant Torrance Pipeline Company LLC a franchise to operate and maintain a pipeline system for the transportation of oil and gas under certain public ways and public places within City boundaries for an additional fifteen (15) year period;
Section 3. That it is the opinion of the City Council that the public good requires that said Franchise be granted;
Section 4. That City Council will hear objections to the granting of said Franchise on March __, 2023 at 6:00 p.m. in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California.
City Council Regular Meeting - Page 11 of 186
Section 5. The City Clerk is hereby directed to publish notice of the hearing at least once in a newspaper of general circulation printed and published nearest to the City of Lynwood, within 15 days after the passage of this Resolution; and
Section 6. The City Clerk shall certify to the adoption of this Reso lution and hereafter the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this ____ day of ________ 2023.
________________________________
Oscar Flores, Mayor
ATTEST:
___________________________ ______________________________ María Quiñónez, City Clerk Ernie Hernandez, City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ______________________________ Noel Tapia, City Attorney Gabriel Linares
Director of Community Development
City Council Regular Meeting - Page 12 of 186
Lynwood City Council
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the Lynwood City Council will hold a public hearing on March __, 2023 as follows:
Date: March __, 2023 (City Council Meeting)
Time: 6:00 p.m. (or soon thereafter as the matter may be heard) Place: Live Meeting in Council Chamber - 11350 Bullis Road, Lynwood, CA 90262 - Web conference via ZOOM for the public. To participate please join via Zoom - Meeting ID: 835 2029 8238, or by telephone at 1-669-900-9128 or 1-253-215-8782. If Spanish interpretation services are needed, please dial (310) 372-7549; conference code 673120.
Subject: Pursuant to Resolution No. ____ dated February 7, 2023, the City Council will consider the grant of a Franchise to the Torrance Pipeline Company, LLC for the operation and maintenance of an existing 12 inch oil and gas pipeline consisting of 6,011.50 cubic feet of pipeline for a term of fifteen (15) years . Torrance Pipeline Company, LLC and it s successors and assigns, during the lifetime of the Franchise, agrees to pay a Franchise Fee of $1.68 per cubic foot, subject to adjustments based on any increase in the Consumer Price Index. If Torrance Pipeline Company, LLC does not pay the Franchise Fee, the Franchise will be forfeited.
A copy of all relevant material regarding the proposed Development Agreement is on file in the Community Development Department at Lynwood City Hall, 11330 Bullis Road, Lynwood, California 90262. Said documents are open for public inspection during regular business hours, 7:00 a.m. to 6:00 p.m. Monday through Thursday. All interested persons are invited to inspect the file and to be present to give testimony at the public hearing.
All persons either favoring or opposing this proposal are invited to present their views on the above referenced project to the City Council at this hearing. Those desiring to be heard in favor of or in opposition to this item will be given an opportunity to do so during such hearing to be conducted at the above address or by writing to the City at the above address prior to said hearing date. Please reference hearing title and date of hearing in any correspondence.
NOTICE IS FURTHER GIVEN that on Tuesday, March __, 2023, at the hour of 6:00 p.m., or soon thereafter as the matter may be heard, the Lynwood City Council will hold a public hearing in the City Hall Annex Council Chambers at 11350 Bullis Road, Lynwood, California for the solicitation of public comment on a proposed Pipeline Franchise to the Torrance Pipeline Company, LLC for the operation and maintenance of an existing 12 inch oil and gas pipeline consisting of 6,011.50 cubic feet of pipeline for a term of fifteen (15) years. Torrance Pipeline Company, LLC and it s successors and assigns, during the lifetime of the Franchise, agrees to pay a Franchise Fee of $1.68 per cubic foot, subject to adjustments based on any increase in the Consumer Price Index.
To participate please join via Zoom - Meeting ID: 835 2029 8238, or by telephone at 1 -669-900- 9128 or 1 -253-215-8782. If Spanish interpretation services are needed, please dial (310) 372 - 7549; conference code 673120.
City Council Regular Meeting - Page 13 of 186
NOTICE IS FURTHER GIVEN that if you challenge the aforementioned action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to the public hearing.
DATED THIS __TH DAY OF FEBRUARY 2023
City Council Regular Meeting - Page 14 of 186
City Council Regular Meeting - Page 15 of 186
City Council Regular Meeting - Page 16 of 186
1 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING
A NONEXCLUSIVE FRANCHISE TO TORRANCE PIPELINE COMPANY TO
OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF
OIL AND GAS UNDER CERTAIN PUBLIC WAYS AND PUBLIC PLACES IN THE CITY OF LYNWOOD; SETTING FORTH CONDITIONS ACCOMPANYING A GRANT OF NONEXCLUSIVE FRANCHISE; PROVIDING FOR AMOUNT AND METHOD OF
PAYMENT BY FRANCHISEE FOR THE PRIVILEGE GRANTED, AND PROVIDING
FOR THE TERM OF THE NONEXCLUSIVE FRANCHISE
RECITALS
WHEREAS, the Public Utilities Code Sections 6234 authorizes City to grant nonexclusive franchises for oil and gas pipelines by ordinance;
WHEREAS, On March 18, 2008, the City Council of the City of Lynwood (“City Council”) adopted Ordinance No. 1600, which granted ExxonMobil Oil Corporation a non- exclusive fifteen (15) year franchise to operate and maintain a pipeline system for the transportation of oil and gas under certain public ways and public places within City boundaries (“Franchise”); and
WHEREAS, on June 7, 2016, the City Council approved the transfer of Pipeline Ordinance No. 1600 from the ExxonMobil Oil Corporation to Torrance Pipeline Company LLC; and
WHEREAS, the Franchise will expire in March of 2023 and Torrance Pipeline Company LLC desire to extend the Franchise for an additional fifteen (15) year term; and
WHEREAS, on December 5, 2022, Torrance Pipeline Company LL C filed a request to extend the existing pipeline Franchise; and
WHEREAS, on February __, 202 3, pursuant to California Public Utilities Code Section 6232, The City Council adopted Resolution No. ____ declaring its intent to grant an additional fifteen (15) year term to Torrance Pipeline Company LLC and set a hearing date of February __, 2023; and
WHEREAS, on March __, 2023, the City Council conducted a duly noticed hearing regarding the granting of such Franchise to Torrance Pipeline Company LLC; and
WHEREAS, the City Council and Torrance Pipeline Company LLC desire to grant Torrance Pipeline Company LLC an oil and gas pipeline franchise as further described below.
City Council Regular Meeting - Page 17 of 186
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. TITLE
This ordinance shall be known and may be cited as the " Torrance Pipeline Company LLC Franchise Ordinance."
Section 2. DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, words and their derivations have the meaning set forth below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
a. City means the City of Lynwood.
b. Council means the City Council of the City of Lynwood.
c. Code means the Municipal Code of the City of Lynwood, as amended from time to time.
d. Department means the Department of Public Works of the City of Lynwood.
e. Director means Director of Public Works of the City of Lynwood.
f. Facilities or Appurtenances means all property of the Franchisee, including, but not limited to, pipelines, pump stations, and service connections to the Franchisee's Facilities, whether or not installed by the Franchisee, which are erected, constructed, laid, operated or maintained in, upon, over, under, along or across any street in accordance with any right or privilege granted by the Franchise.
g. Franchise means the privilege granted by the City of Lynwood to construct, operate and maintain oil and gas pipelines under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, to the City of Lynwood.
h. Franchisee means Torrance Pipeline Company LLC.
i. Franchise Payment Period means the time period between the effective date of the ordinance granting the franchise and June 30 or December 31 of the same calendar year, whichever first occurs; and the period between January 1 and June 30, and July 1 and December 31 of each successive calendar year during the term of the franchise.
City Council Regular Meeting - Page 18 of 186
3 j. Main means any pipeline or conduit laid in, along, or approximately parallel with any street for the collection, transmission or distribution of any substance or commodity.
k. Major Street means any street or portion of a street designated as a major secondary highway in the Circulation Element of the General Plan.
l. Minor Street means any street or portion of a street other than one designated as a major secondary highway in the Circulation Element of the General Plan.
m. Person means any individual, firm, partners hip, association, corporation, company, or organization of any kind.
n. Service Connection means the wire, pipes, or conduits which connect the building or place where the service or commodity supplied by the Franchisee is used or delivered, or is made avail able for use or delivery, with the supply line or supply main in the street or with the supply line or supply main on private property.
o. Street means any road, highway, alley, land, or court or other public easement or public place, and the space above and below it, which now or hereafter exists in the City and with respect to which the City has the authority to grant a Franchise.
Section 3. GRANT OF NON-EXCLUSIVE FRANCHISE
a. The privilege and Franchise is hereby granted to Franchisee, to operate and maintain oil and gas pipelines (Facilities) under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, to the City of Lynwood, and more particularly described as follows: A 12-inch pipeline beginning at the southerly boundary line of the City of Lynwood, said point being 225.12 feet northerly of Dixon Avenue and
9.3 feet westerly of centerline Alameda Street East; thence continuing northerly along Alameda Street East ±3,708.41 feet to a point on centerline of Fernwood Avenue North, said point 5.25 feet westerly of the centerline of Alameda Street East; thence continuing northerly along Alameda Street East ±360.48 feet to a point 11.11 feet westerly of the centerline of Alameda Street East and 35.47 feet northerly of the centerline of 112th Street; thence northerly along Alameda Street East ±1,610.23 feet to a point 11.5 feet westerly of centerline of Alameda Street East and 188.18 feet northerly of centerline of 108th Street; thence continuing northerly along Alameda Street East ±434.31 feet to a point being 10.15 feet westerly of centerline of Alameda Street East and 280.22 feet northerly of Martin Luther King Jr.
Boulevard and formally Century Boulevard; thence continuing northerly along Alameda Street East ±411.70 feet to the northerly boundary line of Lynwood, City Council Regular Meeting - Page 19 of 186
4 said point being and 9.3 feet westerly of centerline of Alameda Street East; a total distance within the City of Lynwood of ±6,525.13 more or less all of which is 12-inch pipeline.
b. The right to use and occupy said streets, alleys, public ways and public places of the purpose set forth, shall not be exclusive, and the City reserves the right to grant a similar use of such streets, alleys, public ways and public places, to any person at any time during the period of the Franchise.
c. The Franchise is granted subject to all of the terms and conditions contained in this Ordinance and the City of Lynwood Municipal Code. If this Ordinance specifies terms and conditions that augment, modify, or waive the terms and conditions set forth in the City of Lynwood Municipal Code, the provisions of this Ordinance will be deemed to be controlling.
Section 4. TERM
The term of the Franchise shall be for a period of Ten (10) years commencing thirty (30) days atter the adoption of this Ordinance.
Section 5. ACCEPTANCE OF FRANCHISE
Within thirty (30) days after the Council's adoption of this Ordinance granting the Franchise, the Franchisee must file with the Director, its written acceptance of the terms and conditions of this ordinance.
Section 6. MAPS
Within ninety (90) days after the date on which any Facilities or Appurtenances have been laid, removed or abandoned under the Franchise, the Franchisee must file with the Department a map or maps accurately showing the "as built" location, depth, and size of those Facilities or Appurtenances.
Section 7. INSURANCE
On or before the effective date of this Ordinance granting the Franchise, the Franchisee must provide satisfactory evidence of having obtained policies of comprehensive general liability and workers' compensation insurance from companies authorized to transact business as insurers in the State of California.
a. The policy of comprehensive general liability insurance must:
1. Be issued to the Franchisee and name the City, its officers, agents, and employees, as additional insureds.
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5 2. Indemnify the City against all liability for personal and bodily i njury, death, and damage to property arising from activities conducted pursuant to the Franchise and provide for the following:
i. Coverage for negligent acts or omissions of the Franchisee, its agents, servants and employees, committed in the conduct of F ranchise operations;
ii. A combined single-limit liability insurance coverage in the amount of ten million dollars ($10,000,000.00); and
iii. No cancellation without thirty (30) days' prior written notice of cancellation to the Director.
b. The policy of workers' compensation insurance must:
1. Be in a form and substance previously approved by the California Insurance Commissioner.
2. Cover all employees of Franchisee who will be employed or do work related to the Franchise operations.
3. Provide for every benefit and payment required by the California Labor Code, including, but not limited to, vocational rehabilitation and death benefits.
4. Be non -cancelable without thirty (30) days' prior written notice of cancellation to the Director.
c. Franchisee mus t file with the Director, prior to commencement of any Franchise operations, either:
1. Certified copies of the required insurance policies; or
2. A certificate of insurance for each of the required policies, executed by the insurer issuing the policy, and containing the following information with respect to each policy:
i. The policy number.
ii. The date upon which the policy will become effective and the date upon which it will expire.
iii. The name of the insured and of any additional insureds. iv. The type and limits of coverage provided by the policy. v. A description of all endorsements that form a part of the policy.
d. Environmental Pollution Coverage, including Contractors Pollution Liability with minimum limits of five million dollars ($5,000,000) per claim, or ten million dollars ($10,000,000) per claim if an aggregate policy is provided, insuring against all liabilities related to environmental pollution and damage, including, but not limited to, all such liabilities for which Franchisee would be liable pursuant to the Franchise.
e. Automobile liability insurance against claims and liability for personal injury, death, or property damage arising from the use, construction, or maintenance of the Franchise, providing protection in an amount no less than Two Million Dollars ($2,000,000.00) per occurrence for personal injury, death and property damage. Said policy shall be carried only by a financially sound insurance company admitted and licensed to do busi ness in City Council Regular Meeting - Page 21 of 186
6 the State of California and which is rated A.VII or better according to the most recent A.M.
Best Co. Rating Guide.
f. No Franchise operations may commence until Franchisee has complied with the provisions of this Section, and all Franchise operat ions will be suspended during any period that Franchisee fails to keep in effect the required insurance policies.
For commencement of the Franchise or any subsequent transfer of the Franchise or any portion thereof, Franchisee shall furnish City with orig inal endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by the Franchise. Notwithstanding the above, and subject to approval by City, Franchisee may provide a program of self -insurance. Any self -insurance program maintained by Franchisee shall comply with the provisions and the specified limits contained herein.
Franchisee may effect for its own account any insurance not required under this Ordinance. Franchisee shall provide each year for the duration of the Franchise, written notification to the City of its intent to self-insure.
Franchisee shall furnish evidence of all insurance policies required by this Ordinance.
City reserves the right to require Franchisee to deliver to City copies and endorsements of all insurance policies required by this Ordinance, together with evidence reasonably satisfactory to City of payment required for procurement and maintenance of the policy, with the following time limits:
For insurance required at the commencement of the Franchise or any subsequent transfer of the Franchise or any portion thereof, within ten (10) days after the Franchise or any subsequent transfer of the Franchise or any portion thereof becomes effective;
For insurance becoming required at a later date, at least (10) days before the requirement takes effect, or as soon thereafter as the requirement, if new, takes effect;
For any renewal or replacement of a policy already in existence, at least thirty (30) days before expiration or other termination of the existing policy.
If Franchisee fails or refuses to procure or maintain insurance as required by this Ordinance or fails or refuses to furnish City with required proof that the insurance has been procured and is in force and paid for, City shall have the right at City's election and on ten (10) days notice, to declare the Franchise as a forfeiture.
Section 8. FAITHFUL PERFORMANCE BOND
Franchisee must maintain on file with the Director, a corporate surety bond, approved as to form by the City Attorney, in the penal sum of one hundred thousand dollars ($100,000.00). This bond must be issued by an admitted surety insurer approved by the Director, and provide that Franchisee will perform ea ch condition of the Franchise and that, upon any breach of condition of the bond, the whole amount of the penal sum will City Council Regular Meeting - Page 22 of 186
7 be deemed to be liquidated damages and will be recoverable from the principal and sureties on the bond. If the bond, after it has been filed, becomes insufficient at any time during the term of the Franchise, the Franchisee must obtain a new bond, in a form approved by the City Attorney, within ten (10) days after written notice to do so is given by the Director.
Section 9. FORFEITURE
The Franchisee must comply with all conditions contained in this Ordinance, including those conditions contained in the City of Lynwood Municipal Code which are incorporated by reference in this Ordinance. Any neglect, failure or refusal by the Franchisee to comply with any conditions of this Ordinance will constitute grounds for suspension or forfeiture of the Franchise. Before any suspension or forfeiture of the Franchise, the City must give to the Franchisee not less than thirty (30) days' written notice o f any default. If the Franchisee does not, within the noticed period, commence the work of compliance or, after commencing, does not prosecute the work with due diligence to completion, the Council may hold a hearing. Notice of the hearing must be given to the Franchisee by certified mail not less than ten (10) days before the hearing. At that hearing the Franchisee has the right to appear and be heard, and the Council may then determine whether the conditions are material to the operation of the Franchise and whether the Franchisee is in default of those conditions. The Council may, in its discretion, declare the Franchise suspended or forfeited.
Section 10. STATE HIGHWAYS
a. If any street or portion of a street becomes a State highway, the State will succeed to all rights reserved to the City by the Franchise, except for the right to continue to collect the Franchise payments and such other rights as by law may remain with the City.
b. This Section applies to any street or portion of a street which become s a State highway and in which the Franchisee maintains its Facilities under the authorization of the Franchise at the time that street or portion of it becomes a State highway.
Section 11. EMINENT DOMAIN
No franchise granted by the City affects the right of the City or any successor in authority to acquire the property of the Franchisee by purchase or condemnation, and nothing contained in this Ordinance may be construed to contract away, modify, or abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to any public utility.
Section 12. ADMINISTRATIVE COSTS
The Franchisee must pay to the City, within thirty (30) days after receiving an itemized statement, all administrative and advertising costs associated with the pre paration and advertising of this Ordinance.
Section 13. ASSIGNMENT
The Franchisee may not transfer or assign the Franchise or any part of it, except with the consent of the Council. A transfer or assignment may be made only after filing with the Council a copy of the executed instrument of transfer or assignment and a written request City Council Regular Meeting - Page 23 of 186
8 for the consent of the Council to that transfer or assignment. If that executed instrument and written request are not filed with the Council within thirty (30) days prior to the effective date of the proposed transfer or assignment, then the Franchise is subject to forfeiture and the Council may, without notice, adopt an ordinance repealing this Ordinance. In consenting to the proposed transfer or assignment, the Council may, by ordinance, impose any additional terms and conditions upon the Franchise, and upon the transferee or assignee, which the Council deems to be in the public interest. The Franchisee has no right to transfer or assign the Franchise, in whole or in part, except in the manner specified in this Section. This Section applies to any assignment, whether by operation of law, by voluntary act of the Franchisee, or otherwise.
Section 14. PRIOR FRANCHISES
All Facilities erected, constructed, laid, operated, or maintained by the Franchisee in the streets or other areas described in this Ordinance granting the Franchise, whether or not originally installed by the Franchisee, and which are in existence prior to the effective date of this Ordinance, are subject to all te rms and conditions of this Ordinance upon its effective date. This Section does not apply to Facilities which have been constructed, laid, operated, or maintained under a prior right which did not involve the issuance of a franchise.
Section 15. DELEGATION OF AUTHORITY/DUTIES
Wherever, in this Ordinance, a power is granted to or a duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of that officer or employee or by a person otherwise duly authorized pursuant to statute or ordinance.
Section 16. INDEMNITY AND HOLD HARMLESS
The Franchisee shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against all damages and liability arising from the use, operation, or possession of the Franchise, and from the use, operation, and maintenance of all Facilities erected, constructed, laid, operated or maintained under the Franchise.
Franchisee will not be liable to City for any damages resulting from or arisin g out of the negligent or willful acts, errors, or omissions of the City, its employees and/or authorized representatives.
Section 17. CONFLICTING IMPROVEMENTS
If the City or any other authorized public entity constructs or maintains any storm drain, sewer structure, or other facility or improvement under or across any Facility of the Franchisee which is maintained in accordance with this Ordinance, the Franchisee must provide, at no expense to the City or other public entity, such support as is reasonably required for the support, maintenance and protection of that facility or improvement.
Section 18. RELOCATION
In connection with any City work or improvement specified in Section 35 of this Ordinance, if the Franchisee, after reasonable notice, fails or r efuses to relocate, permanently or temporarily, its Facilities that are located in, on, upon, along, under, over, across, or above City Council Regular Meeting - Page 24 of 186
9 any street, or to pave, surface, grade, repave, resurface, or re-grade a street as required under any provision of the Franchise, then the City may cause that work to be done. The City must keep an itemized account of the entire cost of that work, and the Franchisee must reimburse the City for that cost within thirty (30) days after its receipt of an itemized account of that cost. The Franchisee is obligated to indemnify, defend, and hold harmless the City, its officers, agents, and employees, in accord with Section 16 of this Ordinance, from any liability which arises or is claimed to arise from the moving, cutting, or alteration of any of the Franchisee's Facilities, or the turning on or off of water, oil, or other liquid, or of gas or electricity.
Section 19. DAMAGE CAUSED BY DEFECTIVE FACILITIES
If any portion of a street is damaged as a result of defective Facilities laid or constructed under the Franchise, the Franchisee must, at its sole expense, repair that damage and restore the street to the condition existing before the damage was incurred, all to the satisfaction of the City. If the Franchisee, within ten (10) days after receipt of written notice from the City instructing it to repair the damage, fails to commence compliance with those instructions, or, after commencing compliance, fails to prosecute diligently the work to completion, then the City may immediately undertake whatever work is necessary to carry out those instructions. That work will be at the cost and expense of the Franchisee. By the acceptance of the Franchise, the Franchisee agrees t o pay that cost and expense upon demand after receiving an itemized statement of reasonable costs incurred by City in the performance of such repair . If the damage creates an immediate danger to the public health or safety requiring immediate repair, the City may, repair that damage, and the Franchisee must pay the reasonable cost of that repair upon demand, but only if City takes reasonable efforts to notify Franchise of such repair action.
Section 20. HAZARDOUS SUBSTANCES
Prior to the issuance of any excavation permit for the construction or installation of a new pipeline for the transportation of a hazardous substance in a gaseous state, or for the transportation of hazardous liquid substances or highly volatile liquid substances, the following conditions must be satisfied, as applicable:
a. With regard to pipelines for the transportation of a hazardous substance in a gaseous state, approval must be obtained from the Los Angeles County Fire Department — Petrochemical Unit. This approval will be based up on a determination that no undue fire hazard will threaten life or property in any areas of the City where the proposed pipeline will be located. In making this determination, the Los Angeles County Fire Department — Petrochemical Unit must consider and report upon the following:
1. The type of substance in a gaseous state that is to be transported in the pipeline.
2. The density of population or structural development in the areas of the City where the pipeline will be located.
3. The adequacy of water supplies for fire suppression purposes.
4. The availability of public fire protection facilities.
5. The number and location. of shut-off valves in the pipeline.
b. With regard to pipelines for the transportation of hazardous liquid substances or highly volatile substances, including hydrocarbon substances, the Franchisee must, City Council Regular Meeting - Page 25 of 186
10 unless preempted by paramount State or Federal law, submit to the Director copies of documents previously submitted to the State Fire Marshal evidencing the following:
1. That the new pipeline is designed to accommodate the passage of instrumented inspection devices, and has leak mitigation and emergency response plans and equipment as may be re quired by the State Fire Marshal, as provided for in section 51013(b) of the California Government Code.
2. That the newly constructed pipeline will be tested in accordance with subpart E (commencing with section 195.300) of part 195 of title 49 of the Cod e of Federal Regulations, as provided for in section 51013.5(a) of the California Government Code.
3. That the Franchisee will notify the State Fire Marshal and the Los Angeles County Fire Department — Petrochemical Unit at least three (3) working days prior to conducting a hydrostatic test required by the Elder California Pipeline Safety Act of 1981 (Government Code §51010 et seq.), as provided for in section 51014.3 of the California Government Code.
4. That the Franchisee will provide to the Los Angeles County Fire Department — Petrochemical Unit, a map or suitable diagram showing the location of the pipeline, a description of all products to be transported within the pipeline, and a contingency plan for pipeline emergencies that includes, without limitation, any reasonable information that the State Fire Marshal may require, as provided for in section 51015(a) of the California Government Code.
5. That the Franchisee will be available to meet with the Los Angeles County Fire Department — Petrochemical Unit , at least once each calendar year to discuss and review contingency plans for pipeline emergencies, as provided for in section 51015 (e) of the California Government Code.
6. That, with regard to any portion of the proposed pipeline that is within five hundred feet (500') of any rail line in the City, the Franchisee will be in compliance with all applicable regulations adopted by the State Fire Marshal governing the construction, testing, operations, periodic inspect ion, and emergency operations of intra state hazardous liquid pipelines, as provided for in section 51015.2 of the California Government Code.
7. That the Franchisee will comply with all applicable regulations of the State Fire Marshal that establish procedures for maintaining, testing, and inspecting mainline valves and check valves on the intrastate hazardous liquid pipeline, as provided for in section 51015.4 of the California Government Code.
8. That the Franchises will be in compliance with all applicable guidelines and regulations of the S tate Fire Marshal relating to the spacing of valves on new pipelines so as to limit spillage from surrounding higher ground into standard metropolitan statistical areas and environmentally sensitive areas, as provided for in section 51016 of the California Government Code.
9. That the Franchisee will immediately report to the Los Angeles County Fire Department — Petrochemical Unit, as well as the office of Emergency Services, every rupture, explosion, or fire involving the pipeline, including the testing of such pipeline, as provided for in section 51018(a) of the California Government Code.
Section 21. COUNCIL APPROVAL OF LOCATION OF FACILITIES
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11 With the exception of existing Facilities and on -going maintenance and operations associated with such assets, t he Franchisee may not install or operate any Facilities in any public street, alley, public way, or public place without first obtaining the prior approval of the Council.
PART B. COMPENSATION
Section 22. DAMAGE TO PUBLIC PROPERTY GENERALLY
Any damage caused directly or indirectly to any public property by the Franchisee, while exercising any right, power, or privilege under the Franchise, or while performing any duty under the provisions of this Ordinance, must be promptly repaired by Franchisee at its sole cost and expense.
Section 23. COMPLIANCE WITH APPLICABLE LAWS
The Franchisee shall, at all times during the term of the Franchise, comply with all Applicable State, Federal and Local laws, ordinances, codes, rules and regulations.
Section 24. NOTICES
All notices, bills, payments, reports, or other material required to be delivered under the terms of the Franchise shall be delivered to:
City
City of Lynwood
Public Works Director
11330 Bullis Road
Lynwood, California 90262
Franchisee
Torrance Pipeline Company
Manager Right of Way
12851 E. 166th Street
Cerritos, California 90703
Any notices, bills, payments, reports, or other material required by this Ordinance shall be deemed received on (a) the day of delivery if delivered by hand during Franchisee's regular business hours or by email, facsimile before or during Franchisee's reg ular business hours; or b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set in this Ordinance, or to such other addresses as the parties may, from time to time, designate in writing.
Section 25. FEES
The Franchisee must pay to the City an annual Base Franchise Fee, for nonpublic utility pipeline franchises for gas or oil products , of $3.51 lineal foot. of pipeline for a 12 inch pipeline with no annual adjustment . As of the date of adoption of this Ordinance, the Facilities consist of 6,525 linear feet of M-145 pipeline with a size of 12 inches.
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12 Section 26. PRORATION OF PAYMENTS
If Facilities are abandoned by the Franchisee with the approval of the City as elsewhere provided in this Ordinance, or if Facilities are removed by the Franchisee, the annual Base Franchise Fee will be prorated for that calendar year, as of the end of the calendar month in which that abandonment or removal occurs.
Section 27. RECORDS AND INSPECTIONS
a. Franchisee must preserve for a period of five (5) years all records necessary to determine the amount of any fee which is payable to the City under the provisions of this Ordinance.
b. At all reasonable times, the Franchisee must permit the City to inspect all property of the Franchisee that is erected, constructed, laid, operated , or maintained under the Franchise, and to examine and make copies of all non -proprietary boo ks, accounts, papers, maps, and other records maintained by the Franchisee, or under its control, which concern the operations, transactions, property or financial condition of the Franchisee pertaining to the Franchise. These records must be made availabl e to the City at a location in the County of Los Angeles.
PART C. CONSTRUCTION
Section 28. CONSTRUCTION REQUIREMENTS
Pipelines and appurtenances must be constructed and maintained in a good and workmanlike manner and in conformity with all applicable State, Federal and Local laws, ordinances, codes, rules and regulations.
Section 29. NEW INSTALLATION OR REPLACEMENT
The installation or replacement of pipelines, Appurtenances, and all other Facilities necessary for the operation, maintenance, and safety of pipelines and conduits must be in accordance with permits issued by the Department. All proposed installations or replacements must be reviewed and approved, if approved, by the Director as to the most acceptable location in the City's streets.
Section 30. PERMITS
Where the provisions of any law, ordinance, code, or regulation require the issuance of an excavation, encroachment or similar type of permit, the Franchisee may not commence any excavation or encroachment work under the Franchise until it has obtained that permit from the appropriate agency and/or the Department, except in cases of emergency affecting the public health, safety or welfare, or the preservation of life or property, in which case the Franchisee must apply for a permit not later than the next business day after work has commenced.
The Franchisee's application for the permit issued by the Department must include a map showing the length and proposed location of the pipeline or Appurtenance intended to be used, and such other info rmation as the Department may require. The Franchisee must pay to the Department all permit fees including, but not limited to, permit inspection fees.
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13 The Franchisee shall notify Underground Service Alert of Southern California at 1-800- 422-4133 and obtain an inquiry identification number (USA Ticket) a minimum of two (2) working days not including day of submission , but not more than fourteen (14) calendar days, prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of any excavation.
The Franchisee shall be responsible for coordinating its work with all utility companies.
Section 31. WORK ON AND RESTORATION OF STREETS
a. The work of constructi ng, laying, replacing, maintaining, repairing or removing those pipelines and Appurtenances authorized under the provisions of this Ordinance in, over, under, along or across any street must be conducted so as to cause the least possible interference with pedestrian and vehicular travel on the street. As soon as the work is completed, all portions of the street which have been excavated or otherwise damaged must be promptly repaired, replaced or restored and placed in as good condition as before the commenc ement of such work. The restoration, repair or replacement work may, as determined by the Director, require the resurfacing, slurry sealing or other treatment of a street to a minimum of one driving lane, and all work must be done to the satisfaction of the Director and at the expense of the Franchisee.
b. If a Franchisee fails or neglects to undertake or complete the repair, replacement, or restoration work on any street, within ten (10) days after written notice has been given to Franchisee by the Direct or, the City may repair, replace or restore that street at the expense of Franchisee. Franchisee must pay to the City all costs incurred in performing that work. The amount chargeable is the direct cost of that work, plus the current rate of overhead then charged by the City for reimbursable work.
Section 32. FAILURE TO TIMELY COMPLY
a. If the Franchisee fails to complete any work within the time specified in a permit, the City may require the Franchisee to pay to the City Five Hundred Dollars ($500.00) per day as liquidated damages for each day that construction extends bey ond the time specified in the permit if the Franchisee fails to make a good faith effo rt to complete the work within the time frame specified in the permit. The amount specified per d ay as liquidated damages will be adjusted annually by the percentage change in CPI commencing one year from the effective date of this Ordinance.
b. If the Franchisee fails to complete any work required by the terms and conditions of the Franchise, or any re lated permits, within the required time limits, the City ma y complete or cause to be completed that work at the expense of the Franchisee if the Franchisee fails to make a good faith effort to complete the work with on the time frame specified in the permit. The Franchisee must pay to the City the cost of performing that work after receiving an itemized statement of reasonable costs incurred by City in the performance of such repair. The amount chargeable to Franchisee is the di rect cost of City Council Regular Meeting - Page 29 of 186
14 that work, p lus the current rate of overhead then charged by the City for reimbursable work.
c. Franchisee shall not be liable or responsible to City, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, with the exception of any obligation to pay any fees required by this Agreement, when and to the extent such failure or delay is caused by or results from acts beyon d the Franchisee’s reasonable control and cannot be reasonably mitigated by Franchisee , including, without limitation, the following force majeure events (“ Force Majeure Event(s)”) that frustrates the purpose of this agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of Franchisee.
Section 33. COMPLETION STATEMENT
Upon the completion of the construction of any pipelines or appurtenances authorized by the Franchise, the Franchisee must submit to the Director a statement which identifies the permit or permits issued by the Department, the total length of pipeline authorized to be constructed under the permit or permits, and the total length of pipelines or Appurtenances actually laid.
Section 34. APPURTENANCES
The Franchisee has the right to construct, maintain and repair all traps, manholes, conduits, valves, appliances, attachments, and Appurtenances (collectively referred to as "Appurtenances") as may be necessary for the proper maintenance and operation of the pipelines under the Franchise. Those Appurtenances must be kept flush with the surface of the street and be located so as to conform to all applicable State, Federal and local laws, ordinances, codes, rules and regulations, and t o all permits issued by the Department, and must not interfere with the use of the street for travel. The Fra nchisee has the right, subject to all applicable State, Federal and Local laws, ordinances, codes, rules and regulations, to make all necessary exc avations in the streets for the construction, maintenance and repair of those Appurtenances; but the Franc hisee must first obtain an excavation permit from the Department to undertake that work.
Section 35. ORDINARY REPAIR
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15 The Franchisee may excavate in the street for pipeline repair for the number of days agreed upon by the Franchisee and the Department; but the Franchisee must first obtain an excavation permit from the Department to undertake that work.
Section 36. RELOCATION OF PIPELINES AND APPURTENANCES
a. The City reserves the right to change the grade, alignment, or width, of any public street, way, alley, or place over which the Franchise is granted, including the construction of any subway or viaduct. If any pipelines, Facilities or Appurtenances constructed, installed, or maintained by the Franchisee are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvements, repair, construction, reconstruction, widening, alteration or reloc ation of a street, the Franchisee must permanently or temporarily relocate that Facility, at no expense to the City, upon receipt of a written request from the Director to do so. The Franchisee must commence that work on or before the date specified in the written request, which date may be not less than ninety (90) days from receipt of the written request. Franchisee must then diligently prosecute that work to completion.
b. The City reserves the right for itself, and all other public entities which are now or may later be so authorized, to lay, construct, repair, alter, relocate , and maintain subsurface or other facilities or improvements of any type or description within the streets over which the Franchise is granted. If the City or other pu blic entity determines that the location or relocation of those facilities or improvements conflicts with the Facilities laid, constructed or maintained under the Franchise, whether those Facilities were laid before or after the facilities of the City or o ther public entity were laid, the Franchisee must relocate those Facilities or improvements, at no expense to the City or other public entity.
The Franchisee must, on or before the date specified in a written request from the Director, which date may not be less than ninety (90) days after receipt of the notice and request to do so, commence work to permanently or temporarily change the location of all Facilities which conflict with those improvements to another location which is approved by the Director. Franchisee must then diligently prosecute the work to completion. If the street is later designated as a State highway, the rights of the State of California will be as provided in California section 680 of the Streets and Highways Code while it remains a State highway.
Section 37. BREAKS OR LEAKS
If any portion of a street is damaged by reason of breaks or leaks in any pipeline, conduit, or Appurtenance constructed or maintained under the Franchise, the Franchisee must, at its sole expense and immediately following written or oral notification from the Director, promptly repair that damage and put the street in as good condition as existed before that damage or leak, all to the satisfaction of the Department. The Franchisee must obtain an excavation permit from the Department to undertake that work.
Section 38. EMERGENCY EQUIPMENT
At all times during the term of the Franchise, the Franchisee must maintain or arrange for, on a twenty four (24) hour basis, an emergency telephone number provided to the Los Angeles County Fire Department Station 147, adequate emergency equipment, and City Council Regular Meeting - Page 31 of 186
16 a properly trained emergency crew. The emergency equipment and crew must be available within a radius of twenty five (25) miles from any Facilities installed or maintained under the Franchise for the following purpose: shutting off the pressure and the flow of substances in those Facilities in the event of an emergency resulting from an earthquake, act of war, civil disturbance, fire, flood, or any other cause.
Section 39. REMOVAL OR ABANDONMENT OF FACILITIES
a. Upon the expiration, revocation or termination of the Franchise, or upon the permanent discontinuance of the use of all or a portion of its Facilities, Franchisee must, within the following thirty (30) days, make written application to the Director for authority, as determined by the Franchisee, either: 1) to abandon all or a portion of those Facilities in place; or 2) to remove all or a portion of those Facilities. The application must describe the Facilities desi red to be abandoned or removed by reference to the map or maps required by Section 6 of this Ordinance and must describe with reasonable accuracy the physical condition of those Facilities.
b. The Director must determine whether the abandonment or removal proposed by the Franchisee may be performed without detriment to the public interest and under what conditions the proposed abandonment or removal may be safely completed. The Director must then notify the Franchisee of that determination. The Franchisee must pay to the City the cost of all tests and studies required to determine the disposition of the application for abandonment or removal.
c. Within thirty (30) days after receipt of the notice, the Franchisee must apply for a permit from the Department to abandon or remove all or any portion of the Facilities and must pay all applicable fees and costs. The permit must set forth any conditions of abandonment or removal that may be prescribed by the Director . Any abandonment of the Facilities must be conditioned, in part, upon Franchisee's future compliance with the provisions of Section 35 of this Ordinance.
d. Within ninety (90) days after obtaining the permit, the Franchisee must commence and diligently prosecute to completion the work authorized by the permit.
e. If the Franchisee applies for authority to abandon in place all or a portion of its Facilities, and the Director determines, in his or her sole discretion, that such abandonment in place may be effected without detriment to the public int erest, and the Director accepts such abandonment in place of all or a portion of the Facilities, the Franchisee must pay to the City an abandonment fee as follows:
Pipelines with an Internal Diameter of: Amount per Lineal Foot 0-12 inches $15.00
13-18 inches $22.00
19-30 inches $28.00
City Council Regular Meeting - Page 32 of 186
17 Section 40. FAILURE TO COMPLY
a. If any Facilities proposed to be abandoned "in place" and subject to prescribed conditions are not abandoned in accordance with those conditions, the Director may issue additional orders, including an order that the Franchisee remove any or all of those Facilities. The Franchisee must comply with these additional orders.
b. If the Franchisee fails to comply with the terms and conditions of abandonment or removal as required by this Ordinance and within the time prescribed by the Director, then the City may remove or cause to be removed those Facilities at the Franchisee's expense.
The Franchisee must pay to the City the cost of that work, plus the current rate of overhead then charged by the City for reimbursable work after receiving an itemized statement of reasonable costs incurred by City in the performance of such repair.
c. If, upon the expiration, revocation or termination of the Franchise, or the permanent discontinuance of the use of all or a portion of its Facilities, the Franchisee, within thirty (30) days thereafter, fails or refuses to make written application f or the authority referenced above, the Director will make the determination as to whether the Facilities are to be abandoned in place or removed. The Director must then notify the Franchisee of that determination. The Franchisee must then comply with the provisions of Section 39 of this Ordinance.
Section 41. ABANDONMENT "IN PLACE" CONDITIONS:
Facilities abandoned "in place" are subject to the condition that, if at any time after the effective date of the abandonment, the Director determines that any Facility interferes with a public project, Franchisee or its successor in interest must remove that Facility at its expense when requested to do so by the City, or pay the City for the cost of that removal.
PART D. SPECIAL PROVISIONS
Section 42. RIGHTS GRANTED
Franchisee has the right, during the term of that Franchise, to transport petroleum, oil, gas, gasoline, and like substances through the pipelines maintained under the Franchise.
Section 43. MATERIALS USED
All pipelines used for the transportation of petroleum, oil, gas, gasoline, and like substances, or other flammable liquids must be of standard material and in conformity with current American Petroleum Institute pipeline specifications.
Section 44. APPROVALS
No excavation permit for a pipeline t o be constructed or installed in accordance with the Franchise may be issued unless the Franchisee has complied with all applicable provisions of Subsection 20b of this Ordinance relating to pipelines for the transportation of hazardous liquid substances or highly volatile liquid substances. This requirement does not apply to emergency situations, such as those involving the mitigation of pipeline ruptures, spills or leaks.
City Council Regular Meeting - Page 33 of 186
18 Section 45. REPORTS
During the term of the Franchise, and within thirty (30) days after the expiration of each Franchise Payment Period, the Franchisee must:
a. File with the Director two (2) copies of a report, verified under penalty of perjury by a duly authorized representative of the Franchisee, showing for the immediately preceding Franchise Payment Period: 1) the length of all lines in streets; 2) the internal diameter of those lines; 3) the rate per foot per year; and 4) the total amount due the City.
b. File with the Director a report in triplicate, showing the number of each permit obtained for the installation of new mains during the immediately preceding Franchise Payment Period, together with the length and size of those mains. The Franchisee must show on this report any change in pipeline footage since the last Franchise Payment Period, segregating that footage as to new mains laid, old mains removed, old mains abandoned in place, and the footage of mains in any territory annexed or incorporated since the last Franchise Payment Period.
Section 46. PAYMENTS DUE
The Franchisee's payments are due semi-annually in accordance with the Franchise Payment Period indicated in Section 2 of this Ordinance.
Section 47. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 48. PUBLISHING ORDINANCE
The City Clerk is directed to certify to the passage and adoption of this Ordinance and to cause it to be posted or published as required by law and said Ordinance shall become effective 30 days after its passage.
PASSED, APPROVED AND ADOPTED this ____ day of ________ 2023.
________________________________
Oscar Flores, Mayor
ATTEST:
City Council Regular Meeting - Page 34 of 186
19 _______________________________
Maria Quiñonez, City Clerk
APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager City Council Regular Meeting - Page 35 of 186
20 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 Ordinance 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 __________, 2023, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quiñonez, City Clerk
City Council Regular Meeting - Page 36 of 186
Agenda Item # 9.
AGENDA STAFF REPORT
DATE:
March 7, 2023
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 REGISTER
Recommendation:
Staff respectfully recommends that the City Council of the City of Lynwood approve the warrant register dated March
7, 2023 for FY 2022-2023.
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
FY 2022-2023
Coordinated With:
City Manager
City Attorney
ATTACHMENTS:
Description
WARRANT RUN 3 07 2023
RESOLUTION ITEM
City Council Regular Meeting - Page 37 of 186
apCkHist
02/28/2023 1:49PM
Bank code: apbank
Void Check# Date Vendor
206681 02/07/2023 007220 COMMERCIAL DOOR OF
1 checks in this report
I'
Void-Check Listing
City of Lynwood
Status ClearNoid Date Reason-Void Reissue Inv. Date Amount Paid 02/22/2023 BANK RETURN 206922 12/30/2022 3,105.00
apbank Total :
Total Checks:
Page: 1
Check Total
3,105.00
3,105.00
3,105.00
Page:1
City Council Regular Meeting - Page 38 of 186
vchlist Prepaid-Check List Page : 2
02/28/2023 11:30:33AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206905 2/22/2023 002452 AMERICAN LANGUAGE SVCS. 71481 01-001732 PROF & CONTRACTUAL SERVICE 234.60 Total: 234.60
206906 2/22/2023 007782 CAMACHO, GABRIELA FEBRUARY 3-5-2023 MILEAGE REIMBURSEMENT 132.50 Total: 132.50
206907 2/22/2023 000955 CENTRAL BASIN MUNICIPAL WATER LYN-JAN23 06-009601 IMPORTED DRINKING WATER 1,783.13 Total : 1,783.13
206908 2/22/2023 013753 COLLINS, PETER J 2020 COMMUNITY ACTIVITY EXPENSE 800.00 Total : 800.00
206909 2/22/2023 013751 CUELLAR, LUIS GERARDO 013751-031023 PER DIEM 241.50 Total : 241.50
206910 2/22/2023 001987 DISTRICT OF SOUTHERN CALIF ., WATER 12312022 06-009617 PROF & CONTRACTUAL SERVICE 147,384.60 Total : 147,384.60
206911 2/22/2023 007610 GICA 5362 REGISTRATION FEE-S.HARDING 200.00 Total: 200.00
206912 2/22/2023 007610 GIOA 5363 REGISTRATION FEE-L.CUELLAR 200.00 Total : 200.00
206913 2/22/2023 002887 HARDING, SHEILA 002887-031023 PER DIEM 260.00 Total: 260.00
206914 2/22/2023 013721 MUNOZ-GUEVARA, JUAN FEBRUARY 3-5-2023 MILEAGE REIMBURSEMENT 139.37 Total : 139.37
206915 2/22/2023 013474 PETTY CASH-C.M .O.-1 013474-122222 REPLENISH PETTY CASH 839.00 Total: 839.00
206916 2/22/2023 000163 SOUTHERN CALIFORNIA EDISON 000163021523 LIGHT & POWER SERVICES 4,837.57 Total: 4,837.57
206917 2/22/2023 010467 THE WEBSTAURANT STORE, INC 82865560 EQUIPMENT PURCHASE 2,265.37 Page: 2
City Council Regular Meeting - Page 39 of 186
vchlist Prepaid-Check List Page: 3
02/28/2023 11:30:33AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206917 2/22/2023 010467 010467 THE WEBSTAURANT STORE, INC (Continued) Total: 2,265.37 206918 2/22/2023 002386 T-MOBILE USA, INC 983463843-011823 12-000422 CELL PHONE SERVICE 370.92 Total: 370.92
206919 2/22/2023 013619 TOYOTA FINANCIAL SERVICES 001 7362931 -020623 01-001722 AUTO EXPENSE 777.65 Total : 777.65
206920 2/22/2023 013487 TRUSAIC CINV-026919 05-001933 PROF & CONTRACTUAL SERVICE 515.00 Total : 515.00
206921 2/22/2023 011963 WEX BANK 87200763 06-009598 AUTO EXPENSE 12,038.79 Total: 12,038.79
206922 2/15/2023 007220 ANGELES COUNTY, INC., COMMERCIAL 20949 06-009813 PROF & CONTRACTUAL SERVICE 3,105.00 Total: 3,105.00
206923 2/27/2023 006399 AT&T 000019415229 TELEPHONE SERVICE 102.42 000019440998 TELEPHONE SERVICE 837.08
000019442211 TELEPHONE SERVICE 188.40
000019474834 TELEPHONE SERVICE 30.02
000019478087 TELEPHONE SERVICE 73.10
000019478089 TELEPHONE SERVICE 54.12
000019478090 TELEPHONE SERVICE 332 .97
000019478092 TELEPHONE SERVICE 39.29
000019478096 TELEPHONE SERVICE 104.85
000019478100 TELEPHONE SERVICE 27.47
000019478206 TELEPHONE SERVICE 53.27
000019478207 TELEPHONE SERVICE 53.27
000019478277 TELEPHONE SERVICE 53.27
Total : 1,949.53
206924 2/27/2023 008216 NOVA STORAGE 64806 02-002651 STORAGE FEE 2,356.00 Total: 2,356.00
206925 2/27/2023 000163 SOUTHERN CALIFORNIA EDISON 000163022223 LIGHT & POWER SERVICES 19,243.59 Total: 19,243.59
Page: 3
City Council Regular Meeting - Page 40 of 186
vchlist
02/28/2023 11 :30:33AM
Bank code: apbank
Voucher Date Vendor
206926 2/27/2023 000164 THE GAS CO.
22 Vouchers for bank code :
22 Vouchers in this report
apbank
Prepaid-Check List
City of Lynwood
Invoice
00016402222023
PO# Description/Account
-------
GAS SERVICES
Total:
Bank total:
Total vouchers :
Page: 4
Amount
5,656.48
5,656.48
205,330.60
205,330.60
Page : 4
City Council Regular Meeting - Page 41 of 186
vchlist Check List Page : 5
03/01/2023 8:26:03AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206927 3/7/2023 007308 ADVISORS, LLC, FHN FINANCIAL MAIN Lynwood#47 10-000217 PROF & CONTRACTUAL SERVICE 3,000.00 Total: 3,000.00
206928 3/7/2023 001419 ABSOLUTE ACCURACY, INC. 111148 06-009823 OPERATING SUPPLIES 2,864.52 Total: 2,864.52
206929 3/7/2023 007439 ALL CITY MANAGEMENT SVCS, INC. 83204 11-002148 PROF & CONTRACTUAL SERVICE 17,064.60 Total: 17,064.60
206930 3/7/2023 010746 ALVAREZ-GLASMAN & COLVIN 2022-11-20580-5 02-002622 LEGAL SERVICES 88.00 2022-11-20580-6 02-002622 LEGAL SERVICES 1,802.00
Total: 1,890.00
206931 3/7/2023 013738 AMAZON CAPITAL SERVICES INC 14C4-9HCM-WKVH 12-000435 OFFICE EQUIPMENT 110.16 19VX-J1NW-9DWM 12-000435 OFFICE EQUIPMENT 245.71
Total: 355.87
206932 3/7/2023 003312 AMERICAN RENTALS 524137 06-009662 SUPPLIES AND EQUIPMENT 684.03 524228 06-009662 SUPPLIES AND EQUIPMENT 523.39
Total : 1,207.42
206933 3/7/2023 011094 AM-TEC TOTAL SECURITY, INC. 627919 08-005026 ALARM MONITORING SERVICE 91 .50 Total : 91.50
206934 3/7/2023 011094 AM-TEC TOTAL SECURITY, INC. 627725 06-009615 ALARM MONITORING SERVICE 65.85 Total : 65.85
206935 3/7/2023 013748 ARCADIS 001917-0018 REFUNDABLE DEPOSIT 3,465.00 Total : 3,465.00
206936 3/7/2023 010487 AUTOZONE WEST, INC. 5446641912 06-009838 FLEET PARTS AND ACCESSORIES 422.92 5446685648 06-009838 FLEET PARTS AND ACCESSORIES 199.54 5446686020 06-009717 FLEET PARTS AND ACCESSORIES 44.27
5446712816 06-009838 FLEET PARTS AND ACCESSORIES 38.25
5446719947 06-009838 FLEET PARTS AND ACCESSORIES 318.18 Total : 1,023.16
Page: 5
City Council Regular Meeting - Page 42 of 186
vchlist Check List Page: 6
03/01/2023 8:26:03AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206937 317/2023 004285 AVANT GARDE, INC. 7970 06-009839 PROF & CONTRACTUAL SERVICE 3,850.00 8274 11-002161 PROF & CONTRACTUAL SERVICE 6,126.25
8285 11-002189 PROF & CONTRACTUAL SERVICE 4,122.50
Total : 14,098.75
206938 317/2023 013589 BNS FLEET SERVICE INC 22369 06-009616 REPAIRS AND MAINTENANCE 253.16 22411 06-009616 REPAIRS AND MAINTENANCE 1,584.95
Total : 1,838.11
206939 3/7/2023 000300 BUBBS HARDWARE 251 06-009599 MATERIALS AND SUPPLIES 63.44 252 06-009795 MATERIALS AND SUPPLIES 17.84
253 06-009599 MATERIALS AND SUPPLIES 18.16
Total: 99.44
206940 3/7/2023 010563 BUCKNAM INFRASTRUCTURE, INC. 350-05.05 06-009693 PROF & CONTRACTUAL SERVICE 9,472.92 Total: 9,472.92
206941 3/7/2023 007782 CAMACHO, GABRIELA 007782-033123 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
206942 3/7/2023 013700 CAMPOS, FATIMA 013700-022823 08-005065 PROF & CONTRACTUAL SERVICE 696 .00 Total: 696.00
206943 317/2023 000488 CANON SOLUTIONS AMERICA , INC 6003186602 12-000420 EQUIPMENT RENTAL 244 .05 6003197795 12-000420 EQUIPMENT RENTAL 231 .50
6003271268 12-000420 EQUIPMENT RENTAL 22.00
603118700 12-000420 EQUIPMENT RENTAL 2,681.41
Total : 3,178.96
206944 3/7/2023 013762 CARRILLO, MARIAM. 18246730 REFUND-BATEMAN HALL RENTAL 100.00 Total : 100.00
206945 317/2023 001195 CDW GOVERNMENT FP74061 12-000431 OTHER FEES FOR SERVICE 4,391.40 GH70251 12-000434 OTHER FEES FOR SERVICE 999.99
Total: 5,391.39
206946 317/2023 009302 CHESSER , CHRISTINE 18065402 PROF & CONTRACTUAL SERVICE 250.00 Page: 6
City Council Regular Meeting - Page 43 of 186
vchlist Check List Page: 7
03/01/2023 8:26:03AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206946 317/2023 009302 009302 CHESSER, CHRISTINE (Continued) Total : 250.00 206947 317/2023 008107 CHICAGO TITLE COMPANY 0912301129-1 11-002136 PROF & CONTRACTUAL SERVICE 65.00 Total: 65.00
206948 3/7/2023 004168 CINTAS FIRE PROTECTION 5145636938 FIRST AID CABINET SERVICES 68.81 Total : 68.81
206949 317/2023 012021 CONCENTRA MEDICAL CENTERS 78058791 PRE-EMPLOYMENT PHYSICIALS 125.00 78134235 PRE-EMPLOYMENT PHYSICIALS 118.00
Total : 243.00
206950 317/2023 010854 CONSTRUCTION, 316 ENGINEERING & 22-245-01 06-009834 PROF & CONTRACTUAL SERVICE 24,814.00 22-245-02 06-009835 PROF & CONTRACTUAL SERVICE 8,271.33 22-245-03 06-009835 PROF & CONTRACTUAL SERVICE 9,211 .00 Total : 42,296.33
206951 3/7/2023 010754 COOL IMAGE WATER , DBA/ AMERICAN 1766 03-000436 PROF & CONTRACTUAL SERVICE 29.00 1770 02-002630 PROF & CONTRACTUAL SERVICE 14.50
Total : 43.50
206952 317/2023 013549 CPRS DISTRICT 10 009 WINTER TRAINING-REGISTRATION 50.00 Total : 50.00
206953 317/2023 013725 CRAFTWATER ENGINEERING, INC. 21-058-3 06-009812 PROF & CONTRACTUAL SERVICE 20,194.33 Total : 20,194.33
206954 3/7/2023 000305 CULLIGAN 1301090 06-009637 EQUIPMENT RENTAL 81 .52 Total : 81.52
206955 317/2023 000138 DAILY JOURNAL CORPORATION 83669117 11-002127 PUBLICATION SERVICES 380.00 Total : 380.00
206956 3/7/2023 006088 DIESEL MOBILE SERVICE 22304 06-009841 AUTO EXPENSE 1,121.71 Total : 1,121.71
206957 317/2023 008526 DORECK EQUIPMENT RENTALS, INC 22MS75-01 06-009822 EQUIPMENT RENTAL 7,279.53 Page: 7
City Council Regular Meeting - Page 44 of 186
vchlist Check List Page: 8
03/01/2023 8:26:03AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount -
206957 317/2023 008526 008526 DORECK EQUIPMENT RENTALS, INC (Continued) Total : 7,279.53 206958 317/2023 012429 DSANTANA ARQUITECTURA 19300-26 (Rev.1) 06-009667 PROF & CONTRACTUAL SERVICE 2,078.41 19300-27 (Rev.1) 06-009667 PROF & CONTRACTUAL SERVICE 2,213.46 19300-29 06-009847 PROF & CONTRACTUAL SERVICE 5,285.00
Total : 9,576.87
206959 3/7/2023 011246 EFAX CORPORATE 4332221 12-000421 ELECTRONIC FAX SERVICE 149.98 4359640 12-000421 ELECTRONIC FAX SERVICE 149.50
4392219 12-000421 ELECTRONIC FAX SERVICE 149.50
Total : 448.98
206960 3/7/2023 000530 ENTENMANN-ROVIN CO. 0169635-IN 11-002190 OPERATING SUPPLIES 944.28 Total: 944.28
206961 3/7/2023 013763 ESKRIDGE, HERMAN 18553939 REFUND-BATEMAN HALL RENTAL 200.00 Total : 200.00
206962 3/7/2023 003317 FAIR HOUSING FOUNDATION Quarter 3 -January 11-002138 PROF & CONTRACTUAL SERVICE 1,003.44 Total: 1,003.44
206963 3/7/2023 003334 FED EX 7 -944-24164 06-009576 COURIER SERVICES 11 .26 Total : 11.26
206964 3/7/2023 001393 FERGUSON ENTERPRISES, INC. 2255862 06-009751 MATERIALS AND SUPPLIES 146.28 Total : 146.28
206965 3/7/2023 000003 FIRST CHOICE SERVICES 789203 06-009798 COFFEE SERVICES 179.95 789981 01-001726 COFFEE SERVICES 240.25
789995 01-001726 COFFEE SERVICES 167.92
Total: 588.12
206966 3/7/2023 009082 FLOYD, LATASIA 009082-022823 08-005018 PROF & CONTRACTUAL SERVICE 1,120.00 Total: 1,120.00
206967 3/7/2023 004425 FUN EXPRESS. LLC 722618027-01 08-005035 COMMUNITY ACTIVITY EXPENSE 1,995.64 Total: 1,995.64
Page: 8
City Council Regular Meeting - Page 45 of 186
vchlist Check List Page: 9
03/01/2023 8:26:03AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206968 3/7/2023 010429 GONZALEZ , CARLOS 282567215 CO-ED SOFTBALL REFUND 100.00 Total : 100.00
206969 3/7/2023 013702 GOOD GUARD SECURITY INC 10428 08-005070 PROF & CONTRACTUAL SERVICE 15,286.51 10435 08-005080 PROF & CONTRACTUAL SERVICE 196.43
10436 08-005080 PROF & CONTRACTUAL SERVICE 377 .75
10623 08-005080 PROF & CONTRACTUAL SERVICE 226 .65
10808 06-009842 PROF & CONTRACTUAL SERVICE 2,945 .68
10841 08-005080 PROF & CONTRACTUAL SERVICE 151.10
10842 08-005080 PROF & CONTRACTUAL SERVICE 166.21
Total: 19,350.33
206970 3/7/2023 002429 HAMPTON, LILLY 2022 DEDUCTIBLE REIMBURSEMENT 40.00 Total : 40.00
206971 3/7/2023 005769 HARRINGTON INDUSTRIAL PLASTIC 001AA787 06-009579 REPAIRS/MAINTENANCE 1,065 .02 Total : 1,065.02
206972 3n12023 013765 IGNACIO, SALVADOR 555128388 REFUND-PARKING CITATION 171.00 Total : 171.00
206973 3nt2023 005848 INFRASTRUCTURE ENGINEERS 28238 11-002159 PROF & CONTRACTUAL SERVICE 4,784.00 28241 11-002159 PROF & CONTRACTUAL SERVICE 26,593 .75
28244 11-002187 PROF & CONTRACTUAL SERVICE 3,239.00
28245 11-002187 PROF & CONTRACTUAL SERVICE 1,332.50
28246 11-002208 PROF & CONTRACTUAL SERVICE 1,950 .00
Total: 37,899.25
206974 3nt2023 000844 J & G GRAPHICS 05622 PRINTING SERVICES 691 .10 Total: 691.10
206975 3n/2023 010358 JIMENEZ, JESSICA 010358-022823 08-005071 PROF & CONTRACTUAL SERVICE 528.00 Total: 528.00
206976 3/7/2023 013304 JOE A GONSALVES & SON 160520 06-009772 PROF & CONTRACTUAL SERVICE 4,000 .00 Total: 4,000.00
206977 3n/2023 013760 JOSEPH, JESSIE 18065402 REFUND-BATEMAN HALL RENTAL 200 .00 Page: 9
City Council Regular Meeting - Page 46 of 186
vchlist Check List Page: 10
03/01/2023 8:26 :03AM . City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount --
206977 317/2023 013760 013760 JOSEPH, JESSIE (Continued) Total : 200.00 206978 3/7/2023 003547 KANE , BALLMER & BERKMAN 27714 11-002209 LEGAL SERVICES 3,784.00 27714-A 11-002215 LEGAL SERVICES 3,244 .00
27757 11-002215 LEGAL SERVICES 9,222 .50
Total : 16,250.50
206979 3/7/2023 010588 KITTRICH CORPORATION Lyn119 PRINTING SERVICES 1,583.19 Total : 1,583.19
206980 3/7/2023 007058 KTS NElWORKS 355767 12-000430 PROF & CONTRACTUAL SERVICE 11,598.71 Total : 11,598.71
206981 3/7/2023 001991 LEGISLATIVE ADVOCACY GROUP 5858 01-001775 LOBBYING SERVICES 5,000.00 5859 01-001775 LOBBYING SERVICES 5,009.00
5860 01-001775 LOBBYING SERVICES 5,000.00
5861 01-001775 LOBBYING SERVICES 5,000 .00
5862 01-001775 LOBBYING SERVICES 5,000.00
Total : 25,000.00
206982 317/2023 009655 LYNWOOD CITY CAR WASH, INC. 178298 06-009721 AUTO EXPENSE 363.25 178298-A 06-009843 AUTO EXPENSE 46.59
178299 06-009843 AUTO EXPENSE 395 .84
Total : 805.68
206983 3/7/2023 013768 MARTINEZ , JUAN 633125712 REFUND-PARKING CITATION 124.00 Total : 124.00
206984 3/7/2023 013620 MEDINA , MARISOL 013620-022723 08-005027 AUTO EXPENSE 1,072 .00 Total : 1,072.00
206985 317/2023 013448 MENDOZA TRUCK REPAIR 00041 06-009844 AUTO EXPENSE 200 .00 00042 06-009844 AUTO EXPENSE 357 .91
00185 06-009844 AUTO EXPENSE 700.69
00202 06-009844 AUTO EXPENSE 816.92
00230 06-009844 AUTO EXPENSE 428 .86
00233 06-009844 AUTO EXPENSE 804.46
00244 06-009844 AUTO EXPENSE 268.45
Page : 10
City Council Regular Meeting - Page 47 of 186
vchlist Check List Page: 11
03/01/2023 8:26:03AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206985 3/7/2023 013448 MENDOZA TRUCK REPAIR (Continued) 00245 06-009844 AUTO EXPENSE 268.45
00265 06-009844 AUTO EXPENSE 709.59
00266 06-009844 AUTO EXPENSE 235.22
00267 06-009844 AUTO EXPENSE 199.86
00278 06-009844 AUTO EXPENSE 877.63
00279 06-009844 AUTO EXPENSE 234.20
00281 06-009844 AUTO EXPENSE 538 .31
Total : 6,640.55
206986 317/2023 013681 MEZA'S HVAC 224 06-009779 EQUIPMENT PURCHASE 2,095.00 Total: 2,095.00
206987 3/7/2023 013440 MUNISERVICES LLC I NV06-016027 02-002647 PROFESSIONAL SERVICES 124.00 INV06-016028 02-002647 PROFESSIONAL SERVICES 109.00
Total: 233.00
206988 3/7/2023 013721 MUNOZ-GUEVARA, JUAN 013721-033123 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
206989 3/7/2023 009647 MV CHENG & ASSOCIATES, INC. 1/31/2023 02-002656 PROF & CONTRACTUAL SERVICES 4,410 .00 Total: 4,410.00
206990 317/2023 013761 NAR NARAYAN LLC 9495 REFUND-PERMIT 4,705 .00 Total: 4,705.00
206991 3/7/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS . 32994 06-009653 PROF & CONTRACTUAL SERVICES 49,399 .15 33022 06-009653 PROF & CONTRACTUAL SERVICES 6,495.47
Total: 55,894.62
206992 317/2023 000475 NATIONWIDE ENVIRONMENTAL SVCS . 32923 06-009605 PROF & CONTRACTUAL SERVICES 47,793 .09 32923-A 11-002160 PROF & CONTRACTUAL SERVICES 5,310 .34 32994-A 11-002160 PROF & CONTRACTUAL SERVICES 4,885.63
32995 06-009704 PROF & CONTRACTUAL SERVICES 1,812.00
32995-A 11-002160 PROF & CONTRACTUAL SERVICES 1,158.50
Total: 60,959.56
206993 3/7/2023 011922 NORTH STAR LAND CARE 1601-478 06-009620 PROF & CONTRACTUAL SERVICES 11,704 .00 Page: 11
City Council Regular Meeting - Page 48 of 186
vchlist Check List Page: 12
03/01/2023 8:26:03AM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 206993 3/7/2023 011922 NORTH STAR LAND CARE (Continued) 1601-485 06-009620 PROF & CONTRACTUAL SERVICES 10,536.00 Total : 22,240.00
206994 3/7/2023 000078 ODP BUSINESS SOLUTIONS,LLC 290666807001 03-000438 OFFICE SUPPLIES 189.70 290738591001 03-000438 OFFICE SUPPLIES 65.27
292993193001 06-009661 OFFICE SUPPLIES 55.98
Total: 310.95
206995 317/2023 013552 ODP BUSINESS SOLUTIONS,LLC 292110215001 11-002200 OFFICE SUPPLIES 78.87 Total: 78.87
206996 3/7/2023 005562 ORKIN PEST CONTROL 237069957 08-005008 PROF & CONTRACTUAL SERVICES 140.00 Total: 140.00
206997 3/7/2023 013636 PACIFIC ADVANCED CIVIL ENG,INC 6901 06-009737 PROF & CONTRACTUAL SERVICES 25,620.00 Total: 25,620.00
206998 317/2023 010945 PETDATA, INC. 11531 11-002146 PROF & CONTRACTUAL SERVICES 500.00 Total: 500.00
206999 317/2023 013767 PRASERT, THANOM 633123977 REFUND-PARKING CITATION 124.00 Total: 124.00
207000 317/2023 001313 QUINONEZ, MARIA 001313-033123 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
207001 317/2023 013759 RAMIREZ, ALBERT 001909-0053 REFUNDABLE DEPOSIT 3,000.00 Total : 3,000.00
207002 3/7/2023 001057 RAMIREZ, JUAN E. 230126 03-000440 PROF & CONTRACTUAL SERVICES 387.50 Total: 387.50
207003 317/2023 013770 RAMIREZ, MIRIAM 688123681 REFUND-PARKING CITATION 69.00 Total: 69.00
207004 317/2023 013773 RAMIREZ, MIRIAM ALEJANDRA 688123681 REFUND-PARKING CITATION 69.00 Page: 12
City Council Regular Meeting - Page 49 of 186
vchlist Check List Page: 13
03/01/2023 8:26:03AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207004 3/7/2023 013773 013773 RAMIREZ, MIRIAM ALEJANDRA (Continued) Total : 69.00 207005 3/7/2023 013771 ROMERO , JOEL 522128497 REFUND-PARKING CITATION 69.00 Total : 69.00
207006 3/7/2023 000075 S & J SUPPLY CO. S100206706.001 06-009682 MATERIALS & SUPPLIES 350.84 Total: 350.84
207007 3/7/2023 013764 SADA , DALEELAH 18553884 REFUND-BATEMAN HALL RENTAL 100.00 Total: 100.00
207008 3/7/2023 013372 SECTRAN SECURITY INC 23020523 02-002617 PROF & CONTRACTUAL SERVICES 466.81 Total: 466.81
207009 3/7/2023 013640 SENIORS & JUNIORS INC 2023-1005 06-009820 PROF & CONTRACTUAL SERVICES 38,522.50 Total: 38,522.50
207010 3/7/2023 008668 SOLACHE, JOSE LUIS 008668-033123 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
207011 3/7/2023 012692 SOTO , RITA 012692-033123 ELECTRONIC/MEDIA-AUTO EXPENSES 500.00 Total: 500.00
207012 3/7/2023 013774 SPEARS, JOHN 488124930 REFUND-PARKING CITATION 124.00 Total: 124.00
207013 3/7/2023 011186 STANDARD GLASS & MIRROR 0003 06-009688 PROF & CONTRACTUAL SERVICES 1,118.00 Total: 1,118.00
207014 3/7/2023 002938 TAJ OFFICE SUPPLY 02692 06-009588 OFFICE SUPPLIES 838.21 02710 11-002201 OFFICE SUPPLIES 40.73
02720 11-002201 OFFICE SUPPLIES 32.63
Total: 911.57
207015 3/7/2023 013701 TAYLOR, LASHONDA 013701-022823 PROF & CONTRACTUAL SERVICE 240.00 Total: 240.00
207016 3/7/2023 013766 TERRIQUEZ, JAIME 355128432 REFUND-PARKING CITATION 124.00 Page: 13
City Council Regular Meeting - Page 50 of 186
vchlist Check List Page: 14
03/01/2023 8:26:03AM City of Lynwood
Bank code : apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 207016 317/2023 013766 TERRIQUEZ, JAIME (Continued)
422123858 REFUND-PARKING CITATION 119.00
Total : 243.00
207017 3/7/2023 001211 THE BANK OF NEW YORK MELLON 252-2529036 ADMINISTRATION FEE 550.00 Total : 550.00
207018 317/2023 013215 THE HOME DEPOT PRO SUPPLY WORK 730047685 08-005025 MATERIALS & SUPPLIES 305.99 730263605 06-009629 MATERIALS & SUPPLIES 23.98
730493392 06-009629 MATERIALS & SUPPLIES 464.50
730924891 06-009629 MATERIALS & SUPPLIES 574.20
731366944 06-009629 MATERIALS & SUPPLIES 179.82
Total : 1,548 .49
207019 317/2023 011612 THE WALKING MAN, INC. F2824 06-009850 OTHER FEE FOR SERVICES 600.00 Total: 600.00
207020 3/7/2023 003313 TRANSPORTATION , LOS ANGELES 6018638 02-002616 BUS PASS SUBSIDY 156.00 Total : 156.00
207021 317/2023 012294 TRANSTECH ENGINEERS, INC. 20222297 06-009762 TRAFFIC ENGINEERING SERVICES 982.50 20222300 06-009762 TRAFFIC ENGINEERING SERVICES 87.50
20222720 06-009549 TRAFFIC ENGINEERING SERVICES 3,988.75 20222725 06-009762 TRAFFIC ENGINEERING SERVICES 1,225.00 20222726 06-009762 TRAFFIC ENGINEERING SERVICES 175.00
20222729 06-009762 TRAFFIC ENGINEERING SERVICES 175.00
20222730 06-009762 TRAFFIC ENGINEERING SERVICES 437.50
Total : 7,071.25
207022 3/7/2023 009742 UNIFIRST CORPORATION 3242854005 06-009621 UNIFORM SERVICE AND SUPPLIES 70.80 3242854006 06-009621 UNIFORM SERVICE AND SUPPLIES 64.15 3242854007 06-009621 UNIFORM SERVICE AND SUPPLIES 112.23 3242854008 06-009621 UNIFORM SERVICE AND SUPPLIES 138.63 3242854009 06-009621 UNIFORM SERVICE AND SUPPLIES 94.87 3242857397 06-009621 UNIFORM SERVICE AND SUPPLIES 70.80 3242857398 06-009621 UNIFORM SERVICE AND SUPPLIES 64.15 3242857399 06-009621 UNIFORM SERVICE AND SUPPLIES 147.56 Page: 14
City Council Regular Meeting - Page 51 of 186
vchlist
03/01/2023
Bank code :
Voucher
207022
207023
207024
207025
207026
207027
207028
207029
8:26:03AM
apbank
Date Vendor
3/7/2023 009742 UNI FIRST CORPORATION
3/7/2023 013465 UNION PACIFIC RAILROAD COMPANY
3/7/2023 013769 VALENCIA, GABRIEL
3/7/2023 002912 WATERLINE TECHNOLOGIES,INC
3/7/2023 009100 WATERWORKS TECHNOLOGY ,INC.
3/7/2023 000040 WAX.IE SANITARY SUPPLY
3/7/2023 007609 WILLDAN FINANCIAL SERVICES
3/7/2023 013772 ZUNI, ENRIQUE
103 Vouchers for bank code: apbank
Check List
City of Lynwood
Invoice
(Continued)
3242857400
3242857401
90122813
688124373
5620017
5620018
5620611
5620612
5620613
6931
6931-A
6941
81499865
010-52882
010-52882-A
488130932
PO#
06-009621
06-009621
06-009387
06-009610
06-009610
06-009610
06-009610
06-009610
06-009622
06-009829
06-009829
06-009611
06-009660
06-009837
Description/Account
UNIFORM SERVICE AND SUPPLIES
UNIFORM SERVICE AND SUPPLIES
Total :
PROF & CONTRACTUAL SERVICE
Total :
REFUND-PARKING CITATION
Total :
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
Total:
PROF & CONTRACTUAL SERVICE
PROF & CONTRACTUAL SERVICE
PROF & CONTRACTUAL SERVICE
Total :
JANITORIAL SUPPLIES
Total :
PROF & CONTRACTUAL SERVICE
PROF & CONTRACTUAL SERVICE
Total:
REFUND-PARKING CITATION
Total:
Bank total:
Page: 15
Amount
138.63
94.87 996.69
924.83
924.83
124.00
124.00
226.17
736.49
797.38
362.45
391.44
2,513.93
7,671.00
27,029.00
34,700.00
69,400.00
384.20
384.20
2,633 .88
4,490 .00
7,123.88
64.00 64.00
598,070.91
Page: 15
City Council Regular Meeting - Page 52 of 186
03/02/2023
Check List
City of Lynwood
16 10:11:16PM
Page:vchlist
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount 207030 3/7/2023 004285 AVANT GARDE, INC. 7585 06-008986 Professional and Cont svcs 510.00 06-009860 510.00Professional and Cont svcs 7585-1
06-008790 237.50Professional and Cont svcs
8004
06-008869 1,074.25Professional and Cont svcs
8004-1
06-009137 1,738.75Professional and Cont svcs 8004-2
06-009860 6,061.03Professional and Cont svcs 8004-3
06-008241 1,230.00Professional and Cont svcs 8004-5
06-008243 1,230.00Professional and Cont svcs 8004-6
06-009860 2,090.00Professional and Cont svcs 8006
06-009860 12,803.75Professional and Cont svcs 8081
06-008241 1,235.00Professional and Cont svcs 8081-2
06-008243 1,235.00Professional and Cont svcs 8081-3
06-009860 7,917.50Professional and Cont svcs 8143
06-008243 285.00Professional and Cont svcs 8143-1
06-008241 285.00Professional and Cont svcs 8143-2
06-009860 475.00Professional and Cont svcs 8147
06-009860 5,143.75Professional and Cont svcs 8213
06-008243 130.00Professional and Cont svcs 8213-1
06-009557 202.50Professional and Cont svcs
8213-2
06-009437 1,045.00Professional and Cont svcs
8213-3
Total : 45,439.03
207031 3/7/2023 004285 AVANT GARDE, INC. 8004-4 06-009393 Professional and Cont svcs 3,905.97
06-009393 300.00Professional and Cont svcs
8004-7
06-009393 250.00Professional and Cont svcs
8081-1
Total : 4,455.97
Bank total : 49,895.00 2 Vouchers for bank code : apbank 49,895.00Total vouchers : Vouchers in this report 2
16Page:
City Council Regular Meeting - Page 53 of 186
RESOLUTION NO. 2022.XXX
Warrant Registers Dated 03-07-2023
PASSED, APPROVED and ADOPTED this 7th day of March_, 2023.
Oscar Flores, 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 54 of 186
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 7th day of March, 2023.
AYES: COUNCIL MEMBERS MUNOZ, SOLACHE, CAMACHO MAYOR PRO TEM
SOTO AND MAYOR FLORES
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 _7th day of March_, 2023.
___________________________
Maria Quiňonez,
City Clerk
City Council Regular Meeting - Page 55 of 186
Agenda Item # 10.
AGENDA STAFF REPORT
DATE:
March 7, 2023
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
Nancy Blinzler, Office Assistant
SUBJECT:
PREVIOUS MEETING MINUTES
Recommendation:
Staff recommends that the Lynwood City Council approve the following minutes:
November 15, 2022 Regular City Council Meeting
January 17, 2023 Regular City Council Meeting
January 26, 2023 Special City Council Meeting
February 21, 2023 Regular City Council Meeting
Background:
N/A
Discussion and Analysis:
N/A
Fiscal Impact:
N/A
Coordinated With:
N/A
City Council Regular Meeting - Page 56 of 186
ATTACHMENTS:
Description
City Council Regular Meeting 11/15/2022
City Council Regular Meeting 01/17/2023
City Council Special Meeting 01/26/2023
City Council Regular Meeting 02/21/2023
City Council Regular Meeting - Page 57 of 186
1 Lynwood City Council Regular Meeting
Meeting Minutes
November 15, 2022
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 or Web confe rence via ZOOM - To participate via Zoom or by telephone: 1-669-900-9128 or 1-253-215-8782 Meeting ID: 835 2029 8238 on the above date at 6:00 p.m.
Meeting called to order at 6:00 p.m.
Mayor Casanova presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez, announced the Agenda had been duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
STAFF PRESENT:
City Manager Hernandez, City Attorney Tapia, City Treasure r Camacho and City Clerk Quiňonez
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Lynwood Sheriff’s Explorers.
05. INVOCATION
The invocation was offered by City Clerk Quiňonez.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
• City Video(s)
07. COUNCIL RECESS TO:
• City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency • Lynwood Housing Authority
City Council Regular Meeting - Page 58 of 186
2 • Lynwood Utility Authority
• Lynwood Public Financing Authority
City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency:
MOTION: It was moved by Council Member Flores, seconded by Mayor Pro Tem Solache to recess to the Successor Agency to the Lynwood Redevelopment Agency at 6:12 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Lynwood Housing Authority:
MOTION: It was moved by Commissioner Soto, seconded by Commissioner Santana to recess to the Lynwood Housing Authority at 6:13 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COMMISSIONERS FLORES, SANTANA, SOTO, VICE CHAIR
SOLACHE AND CHAIR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Lynwood Utility Authority:
MOTION: It was moved by Member Santana, seconded by Vice President Solache to recess to the Lynwood Utility Authority at 6:15 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: MEMBERS FLORES, SANTANA, SOTO, VICE PRESIDENT
SOLACHE AND PRESIDENT CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Lynwood Public Financing Authority:
City Council Regular Meeting - Page 59 of 186
3 MOTION: It was moved by Member Santana, seconded by Member Soto to recess to the Lynwood Public Financing Authority at 6:16 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: MEMBERS FLORES, SANTANA, SOTO, VICE PRESIDENT
SOLACHE AND PRESIDENT CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
President Casanova adjourned the Lynwood Public Financing Authority at 6:18 p.m.
The City Council reconvened to the regular City Council meeting at 6:18 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
Rosalba Casataneda spoke in regards to an issue with her patio roof.
Marlyn Huizar spoke in regards to adding stop signs on Martin Luther King and Hulme Ave.
Erick Medal submitted two written comments. The first comment was regarding the sheriff’s department. The second comment was regarding electric chargers and CPI.
Elisa Huerta spoke in regards to the Lynwood Natatorium.
Public Hearing
08. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FY 2021-22
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to open the public hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
City Council Regular Meeting - Page 60 of 186
4 ABSENT : NONE
ABSTAIN : NONE
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Santana to close the public hearing. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to receive and file. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Received and Filed FY 2021-22 Consolidated Annual Performance and Evaluation Report
Consent Calendar
All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action.
Staff pulled item 12 for separate consideration.
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve the balance of the consent calendar. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
City Council Regular Meeting - Page 61 of 186
5 09. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2022.291
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND
APPROVING THE DEMANDS AND WARRANTS REGISTER DATED NOVEMBER 15, 2022 for FY 2022-2023
10. PREVIOUS MEETING MINUTES
Approved Meeting minutes for September 20, 2022 Regular Closed Session Meeting and
September 20, 2022 Regular City Council Meeting
11. PURCHASE OF SENSUS SMALL WATER METERS FROM AQUA-METRICS FOR
THE ADVANCED METERING INFRASTRUCTURE PROJECT
Approved and Adopted RESOLUTION NO. 2022.292 AND A SOLE
SOURCE AGREEMENT LETTER WITH AQUA-
METRIC SALES CORPORATION
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD AWARDING A SOLE SOURCE AGREEMENT TO AQUA-METRIC
SALES CORPORATION TO PROVIDE THE SMALL WATER METERS FOR THE
ADVANCED METERING INFRASTRUCTURE PROJECT FOR A NOT-TO-EXCEED AMOUNT OF $2,532,294.34
12. LYNWOOD BUILDING AND HOUSING CODE TRI-ANNUAL CODE ADOPTION
MOTION: It was moved by Council Member Santana, seconded by Council Member Flores to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted FIRST READING OF ORDINANCE NO. 1755 AND RESOLUTION NO. 2022.293
ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING BY REFERENCE THE 2022 EDITION OF THE
CALIFORNIA ADMINISTRATIVE, BUILDING, RESIDENTIAL, MECHANICAL,
PLUMBING, ELECTRICAL, GREEN BUILDING STANDARDS, ENERGY, City Council Regular Meeting - Page 62 of 186
6 HISTORICAL BUILDING, AND EXISTING BU ILDING CODES, THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2021
EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE,
TOGETHER WITH APPENDICES, AMENDMENTS, DELETIONS AND PENALTIES, AND AMENDING CHAPTER 11 OF THE LYNWOOD MUNICIPAL CODE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING
EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE 2022 CALIFORNIA RESIDENTIAL CODE AND 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE IN ORDINANCE NO. 1755 ARE REASONABLY
NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR
TOPOGRAPHICAL CONDITIONS
13. RESOLUTION FIXING THE CITY OF LYNWOOD'S EMPLOYER CONTRIBUTIONS
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT (PEMHCA)
Approved and Adopted RESOLUTION NO. 2022.294
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL
AND HOSPITAL CARE ACT
14. APPROVAL OF A FIRST AMENDMENT TO THE AGREEMENT FOR CITY
ATTORNEY SERVICES WITH ALVAREZ-GLASMAN & COLVIN
Approved and Adopted RESOLUTION NO. 2022.295 AND FIRST
AMENDMENT TO THE AGREEMENT FOR CITY
ATTORNEY SERVICES WITH ALVAREZ -
GLASMAN & COLVIN
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING A FIRST AMENDMENT TO THE AGREEMENT FOR CITY
ATTORNEY SERVICES WITH ALVAREZ -GLASMAN & COLVIN ADUSTING THE
RATE SCHEDULE
15. CONSIDERATION OF A RESOULTION PROCLAIMING A LOCAL EMERGENCY,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY
GOVERNOR NEWSOM, FINDING THAT THE PROCLAIMED STATE OF
EMERGENCY CONTINUES TO IMPACT THE ABILITY TO MEET SAFELY IN
PERSON, AND DECLARING THAT THE CITY COUNCIL AND CITY COMMISSIONS
AND COMMITTEES WILL COT INUE TO MEET REMOTELY IN ADHERENECE WITH AB 361 IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC
Approved and Adopted RESOLUTION NO. 2022.296
City Council Regular Meeting - Page 63 of 186
7 ENTITLED: A RESOLUTION PROCLAIMING A LOCAL EMERGENCY,
RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY
GOVERNOR NEWSOM, FINDING THAT THE PROCLAIMED STATE OF
EMERGENCY CONTINUES TO IMPACT THE ABILITY TO MEET SAFELY IN
PERSON, AND DECLARING THAT THE CITY COUNCIL AND CITY COMMISSIONS
AND COMMITTEES WILL CONTINUE TO MEET REMOTELY IN ADHERENCE WITH AB 361 IN ORDER TO ENSURE THE HEALTH AND SAFETY OF THE PUBLIC
16. REQUEST TO UPGRADE ATLANTIC AVENUE STREET LIGHTS TO CREATE
COHESIVE HOLIDAY LIGHTING DURING THE HOLIDAY SEASON
Approved and Adopted RESOLUTION NO. 2022.297 AND AN
AGREEMENT WITH CALIFORNIA STREET
LIGHTING TO UPGRADE 88 STREET LIGHTS
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD TO APPROVE AN AGREEMENT WITH CALIFORNIA STREET
LIGHTING TO UPGRADE 88 STREET LIGHTS ON ATLANTIC AVENUE IN AN AMOUNT NOT TO EXCEED $147,880.00
New/Old Business
17. LYNWOOD TEEN CLEAN PROGRAM
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.298 AND
PROFESSIONAL SERVICES AGREEMENT
WITH HUB CITIES CONSORTIUM TO PROVIDE
YOUTH HIRING PROGRAM
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HUB
CITIES CONSORTIUM TO PROVIDE YOUTH HIRING PROGRAM MANAGEMENT AND SUPPLEMENTARY SERVICES TO THE CITY OF LYNWOOD’S KEEP LYNWOOD CLEAN – TEEN CLEAN PROGRAM
City Council Regular Meeting - Page 64 of 186
8 18. PROJECT ACCEPTANCE OF THE SAN CARLOS AVE., SAN JUAN AVE., SAN LUIS AVE., SAN VICENTE AVE., THORSON AVE., AND ALVADA ST. STREET IMPROVEMENT PROJECT (CDBG FUNDED PROJECT NO. 4011.68.103).
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.299
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SAN CARLOS AVE., SAN JUAN AVE., SAN LUIS AVE., SAN VICENTE AVE., THORSON AVE., AND ALVADA ST. STREET IMPROVEMENT PROJECT (CDBG FUNDED PROJECT NO:4011.68.103) AS COMPLETE; AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RELEASE OF THE 5% RETENTION 35 DAYS AFTER THE ACCEPTANCE
19. APPROVAL OF SPECIAL EVENT PERMIT – SALVI FEST
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve staff’s recommendation. Motion carried by 3 yes and 2 no votes.
ROLL CALL:
AYES: COUNCIL MEMBER SOTO, MAYOR PRO TEM SOLACHE A ND
MAYOR CASANOVA
NOES: COUNCIL MEMBERS FLORES AND SANTANA
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.300
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING SALVI FEST SPECIAL EVENT PERMIT FOR NOVEMBER 19 AND 20, 2022
20. PROJECT ACCEPTANCE OF THE CITYWIDE SLURRY SEAL (PHASE 1) PROJECT FY 2021-2022, PROJECT NO. 4011.68.124.
City Council Regular Meeting - Page 65 of 186
9 MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Santana to approve staff’s recommendation. Motion carried by 5-0 vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO
TEM SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted RESOLUTION NO. 2022.301
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CITYWIDE SLURRY SEAL (PHASE 1) PROJECT FY 2021-2022, PROJECT NO. 4011.68.124, AS COMPLETE; AUTHORIZING THE
FILING OF THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND THE RE LEASE OF THE 5% RETENTION 35 DAYS
AFTER THE ACCEPTANCE
21. APPROVAL OF RETAIL CANNABIS PERMIT APPLICATION AND RELATED
DOCUMENTS
MOTION: It was moved by Mayor Pro Tem Solache, seconded by Council Member Flores to approve the documents and provide the City Attorney discretion to prove as to form. Motion carried by 4 yes and 1 no vote.
ROLL CALL:
AYES: COUNCIL MEMBERS FLORES, SANTANA, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: COUNCIL MEMBER SOTO
ABSENT : NONE
ABSTAIN : NONE
Approved and Adopted CANNABIS PERMIT APPLICATION,
PROCEDURE, ZONING VERIFICATION AND
DOJ LIVESCAN APPLICATION
ENTITLED: 1. The Commercial Retail Cannabis Business Permit Application form for the Attached Ordinance entitled “THE LYNWOOD CANNABIS RETAIL SALES REGULATION AND PUBLIC SAFETY ORDINANCE”. 2. Application Procedure to Operate a Retail Cannabis Business in Lynwood packet for the Attached Ordinance entitled “THE LYNWOOD CANNABIS RETAIL SALES REGULATION AND PUBLIC SAFETY ORDINANCE”. 3. Zoning Code Verification Certificate for Commercial Retail Cannabis Business for the Attached Ordinance entitled “THE LYNWOOD CANNABIS RETAIL SALES REGULATION AND PUBLIC SAFETY ORDINANCE”. 4. Department of Justice Live Scan Application Form for the Attached Ordinance entitled “THE City Council Regular Meeting - Page 66 of 186
10 LYNWOOD CANNABIS RETAIL SALES REGULATION AND PUBLIC SAFETY ORDINANCE”.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Flores asked that the City Manager have the Public Works and Recreation Director meet to devise a plan to address the issue with the fields. He also requested for the City Manager to meet with the Public Works Director and make sure all key staff gets certified in multiple landscaping related fields, to ensure that everyone is well educated to be able to sustain any improvements made on the fields. He then mentioned that he noticed that the lights on the soccer fields need a lot of work and need to be improved. He finished by giving kudos to everyone who has been working hard to fix the streets and wished everyone a Happy Thanksgiving.
Council Member Santana started by reminding the community of the Crisis Awareness Workshop happening at Firebaugh High School. She then asked staff to look into the possibilities of updating the municipal code regarding parking. She also asked staff to put together a letter for Supervisor Janice Hahn’s Office, regarding assistance for the Lynwood swim team. She finished by thanking staff for putting together the Veteran’s Day event and for putting up all of the Christmas decorations throughout the city.
Council Member Soto spoke about the issue with parking throughout the city and asked staff to look into a possible solution. She then mentioned that there will be one more mental health class held in November. She finished by wishing everyone a Happy Thanksgiving.
Mayor Pro Tem Solache started by announcing the Mr. & Miss Lynwood scholarship competition and invited everyone who would like to participate. He then acknowledged the comment that was made regarding the stop sign on Martin Luther King. He agrees that the issue needs to be addressed. Next, he thanked everyone who took the time to vote during the November election. He congratulated his colleague Marisela Santana on being reelected and City Treasurer Gabriela Camacho on being elected to be part of the City Council. He then thanked and congratulated Mayor Casanova for his year as Mayor. Lastly, he asked staff to start the process of filling the City Treasurer vacancy. He hopes to get many qualified and positive candidates apply for the position.
Mayor Casanova started by thanking staff for putting up all of the Christmas decorations. He then stated that he met with some residents and he received some feedback about the fields and he would like staff to maintain the fields and parks more often. He also mentioned that the lights at the fields are not fully functioning so he would like his colleagues to look into funding to fix this issue. He then addressed the issue with being short staffed in the code enforcement department. He would like for more staff to be hired and trained so that they can be proactive properly City Council Regular Meeting - Page 67 of 186
11 assess any situation they encounter. He then acknowledged the comment that was made about the stop sign on Martin Luther King and Beechwood. He agrees that it’s a dangerous intersection and something needs to be done. He also mentioned that those corners are also missing ADA ramps and would like for staff to look into that.
He also asked staff to provide an update on a crosswalk that was approved in front of the hospital, a while back. City Manager Hernandez stated that he would do his research and provide an update on the status. He finished by congratulating his colleagues on running a clean and hard fought campaign. He stated he is looking forward to the work they will be doing.
STAFF ORAL COMMENTS
City Manager Hernandez started by stating that he appreciates that City Council works as a team even though they all have individual perspectives. He thanked Mayor Casanova for the time they worked together and he looks forward to continuing to work with his colleagues on the work that he started. He went on to address a few items. He stated that they plan on providing the city council and the community with a Christmas gift in the form of bringing a large scale renovation of Lynwood Park. He stated that they would be going to council within the next month so that they can provide direction. He then mentioned that staff will have to do a traffic study and see what the outcome will be, to be able to address the issue on Martin Luther King and Beechwood. He then mentioned that they changed the maintenance of some of the ball fields but it is not enough. They are considering changing from weekly to daily, as people are going in at night and defacing those areas. He then commented on the code enforcement issue. He stated that they are working on staffing the department to address the issues within the community.
Public Works Director Lee provided an update on the pool. He stated that they are upgrading the electrical panel to make sure that it is up to code. He mentioned that the deck and the flooring will also be redone. They also would like the contractor to evaluate the drainage of the swimming pool. They are also going to replace the front door, the concrete in the back patio and the fencing around it. He stated that they are trying to expedite it so it can be open to the public as soon as possible.
City Manager Hernandez clarified that the drainage was not in the original scope of work, but when they emptied the pool and started digging, it added more delays. Next, they will bring this back to council for direction on further improvements. The goal i s to fix it during the winter so that the public can use it during the summer.
City Council Regular Meeting - Page 68 of 186
12 ADJOURNMENT
Having no further discussion, it was moved by Mayor Pro Tem Solache, seconded by Council Member Soto to adjourn the Lynwood City Council Regular Meeting at 7:44 p.m. Motion carried by unanimous consent.
______________________ ______________________
Maria Quiňonez, City Clerk Jorge Casanova, Mayor
City Council Regular Meeting - Page 69 of 186
1 Lynwood City Council Regular Meeting
Meeting Minutes
January 17, 2023
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1 -669-900-9128 or 1 -253- 2158782 Meeting ID: 835 2029 8238 on the above date at 6:00 p.m.
Meeting called to order at 6:00 p.m.
Mayor Flores presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez announced the Agenda had been duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
ABSENT: NONE
STAFF CITY MANAGER HERNANDEZ, CITY ATTORNEY TAPIA,
PRESENT: DEPUTY TREASURER HARDING AND CITY CLERK QUINONEZ
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mr. Lynwood, Nathan Robles and Ms.
Lynwood, Rayna and Presentation of Colors by the Lynwood Sheriff’s Explorers.
05. INVOCATION
The invocation was offered by local Clergy.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).
• City Videos.
• Proclamations.
07. COUNCIL RECESS TO:
City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:13 p.m. Motion carried by unanimous consent.
City Council Regular Meeting - Page 70 of 186
2 ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Housing Authority
MOTION: It was moved by Council Member Camacho, seconded by Council Member Solache to recess to the Lynwood Housing Authority at 6:15 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Public Financing Agency
MOTION: It was moved by Council Member Camacho, seconded by Council Member Solache to recess to the Lynwood Public Financing Agency at 6: 17 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
The City Council reconvened to the regular City Council meeting at 6:19 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
The following individuals spoke on agenda item #12 Discussion Regarding Appointment of City Treasurer for the City of Lynwood:
Ms. Elsa P. Chagolla Dr. Linda George
Mr. Gudiel R. Crosthwaite Mr. Rodolfo Cortez
Mr. Jorge Casanova Mr. Christian Ziguenza
Dr. Mia McNulty Mr. Ramon Rodriguez
Ms. Maria Estrada Ms. Lorraine Moore
Mr. Gabriel Ramirez Ms. Maria Vieira
Ms. Yolanda Rodriguez
City Council Regular Meeting - Page 71 of 186
3 NON-AGENDA PUBLIC ORAL COMMUNICATIONS
Ms. Ana Barraza
Mr. Erick Medal
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 staf f request specific items be removed from the Consent Calendar for separate action.
City Manager Hernandez requested that agenda item number nine (9) be continued to the next meeting.
MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the balance of the consent calendar and receive and file staff reports. Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
08. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2023.001
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED JANUARY 17, 2023
09. TREASURER'S MONTHLY INVESTMENT REPORT
Continued to Next Meeting
10. AUTHORIZING RESOLUTION TO SECURE SPECIFIED GRANT FUNDS
SUPPORTING THE URBAN BIKE TRAILS AND WATER QUALITY IMPROVEMENTS
PROJECT
Approved and Adopted RESOLUTION NO. 2023.002
ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT 2022/23
City Council Regular Meeting - Page 72 of 186
4 New/Old Business
11. 2023 LYNWOOD 5K RUN/WALK
MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to approve the item. Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2023.003
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE LYNWOOD 5K RUN/WALK PROGRAM AND APPROVING A TOTAL AMOUNT NOT TO EXCEED $20,000 TO SUPPORT THE PROGRAM
12. CITY COUNCIL DISCUSSION AND GUIDANCE REGARDING THE SELECTION AND
APPOINTMENT OF CITY TREASURER
MOTION: It was moved by Mayor Flores, seconded by Council Member Solache to approve recommendation number three (3). Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved an ad hoc committee to interview city treasurer candidates
13. REVIEW OF BOARD, C OMMISSION AND COMMITTEE MEMBERS & ANNUAL
BOARDS, COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST MOTION: It was moved by Mayor Flores, seconded by Council Member Solache to approve appointments. Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 73 of 186
5 Approved Council Member Camacho appointment of Axel Perez to CDBG Board and Jorge Diaz to Planning Commission
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Munoz-Guevara had no additional comments.
Council Member Camacho had nothing further to report and extended best wishes to everyone for a happy new year.
Council Member Solache expressed thanks to the public works department and indicated that the rain has really taken a toll on our city as it did in many communities.
He acknowledged city staff were out there working hard during the rain while some of us were in our homes and want ed to publicly thank them for being there dealing with some of the natural emergencies that happen, handling sandbags and whatnot.
Mayor Pro Tem Soto also expressed her appreciation to the public wor ks st aff for everything that they have prepared for the city during the heavy rains and thanked everyone for being at the meeting tonight.
Mayor Flores stated he wanted thank all the folks that made comments and encouraged the continued support to fill this room every meeting. He noted many remarks are made to question items, but he likewise urged folks to not be afraid to compliment when it is time to complement also. He mentioned the importance to trust that we are up here trying to do good work. He indicated that he has had opportunities to talk with his colleagues individually and he knows that they all are committed to working the best for th e entire community whether we like each other or not. He highly encouraged individuals to speak at the meetings or even communicate directly with a council member and not to assume too many ideas until you learn information and noted we are happy to provide information. He pointed out that if he sees wrongdoing he would call it out for sure and that heari ng words like oppression, lack of integrity does not describe my colleagues . He stated that his opportunity to work with these folks here along with city staff has reinforced the value that they work with integrity and with passion for their community . He voices that he expects such work ethic to continue from this entire group, as you will see us as a unit pushing matters forward with productive discussion at the dais. He acknowledged that he is proud of what council has been able to accomplish so far and is confident that we will be capable to continue such achievements for the community. He emphasized to have healthy discourse, not bash each other and stressed continued open talk with anybody at any time as we appreciate your words and participation in the meetings.
STAFF ORAL COMMENTS
Mr. Mark Flores Director of Recrea tion and Community Services provided an update on upcoming events with a couple of quick community announcements. He noted that soccer registration will start this Thursday, January 19 at the Lynwood Community Center and indicated information is available on the City Instagram and City Website.
City Council Regular Meeting - Page 74 of 186
6 Director Flores stated that the Greater L. A. Homeless Count would be scheduled throughout the County of Los Angeles during January 24 th, 25 th and 26 th. He also indicated specifically that Lynwood homeless count would be on January 26th should council members be interested in participating. He remarked that participants may join staff at the Community Development Department starting at 7:30 p.m. on that date. He mentioned that he would follow up in writing with details regarding Saturday, January 28th Youth Basketball opening day as council members are also invited to participate at this event held at the Lynwood Community Center at 10 a.m. He stated that community registrations a re open across the board for all activities and noted the following examples of programs th at are open for registration including dodgeball, Gracie Jiu jitsu ballet, hip hop and of course our popular yearly camping trip was opened for registrations this last Monday. He highly encouraged the public to register as soon as possible as the event will sell out. He announced that th ere is a parent interest meeting tomorrow or at Lynwood Community center at five p.m. and repeated that all that information is available on the Recreation Department’s Instagram account at Lynwood Parks.
City Manager Hernandez recognized Acting Assistant Fire Chief James Sullivan as a representative from our fire department and acknowledged appreciation for his attendance at the entire meeting . He also acknowledged Mr. Julian from Lynwood School Board as a regular attendee and expressed appreciation for his participation.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to adjourn the regular Lynwood City Council meeting at 7:25 p.m.
Maria Quiňonez, City Clerk Oscar Flores, Mayor
/nb
City Council Regular Meeting - Page 75 of 186
Lynwood City Council Special Meeting
Meeting Minutes
January 26, 2023
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1 -669-900-9128 or 1-253-2158782 Meeting ID: 835 2029 8238 on the above date at 6:00 p.m.
Meeting called to order at 6:00 p.m.
Mayor Flores presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
City Clerk Quiňonez announced the Agenda had been duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
ABSENT: NONE
STAFF CITY MANAGER HERNANDEZ, CITY ATTORNEY TAPIA,
PRESENT: DEPUTY CITY TREASURER HARDING & CITY CLERK QUINONEZ
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Soto.
05. INVOCATION
The invocation was offered by City Clerk Quiňonez.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Mr. Salvador Alatorre
Ms. Marcius Sanchez
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
NONE
City Council Regular Meeting - Page 76 of 186
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Munoz -Guevara requested to speak again before adjourn ment to express last week’s loss of life and communicated that our hearts go out to the victims of the Monterey Park shooting, the victims of the Half Moon Bay shooting, and the loss of one of our officers from Century Station. He also noted that the Battle Family, whom have long been involved in our community, lost their grandson, as Gerald Anthony Battle had passed away. He asked that we adjourn in memory of so much loss.
Council Member Camacho had no comments.
Council Member Solache stated that this our first public meeting since th is horrific incident that happened in what he described as our backyard. He voiced that his partner actually grew up in Monterey P ark and he had spent a lot of time visiting th e town and enjoyed many of t he city’s great restaurants. Council Member Solache identified Henry Lo as the Mayor of Monterey Park and indicated that he had reached out to him and noted that obviously he was extremely busy during the time of the situation and specified the need that local leaders should show solidarity. He agreed and echoed the words that colleague Munoz-Guevara articulated to adjourn in memory of so much loss of life. He spoke about the madness stopping and urged that just for now to join Monterey Park and the other communities in mourning this senseless loss of life in their communities, especially at the event hall where individuals and families were celebrating New Year’s, a festive celebration event. He described that we live in a country where we celebrate holidays and events that are important to our individual communities as well as to our API brothers and sisters. He acknowledged that o ur solidarity and our thoughts are with all the victims because someone's parent, someone's uncle, someone's co usin, someone's father or mother loss their life . He implored the need to definitely join during this difficult time and yearned that such incidents stop happening because it is not fair to anybody or any community.
Mayor Pro Tem Soto expressed that her heart is with the families and implored God to bless all the individuals impacted by this terrible incident.
06. APPOINTMENT OF CITY TREASURER
MOTION: It was moved by Mayor Flores, seconded by Council Member Solache to appoint Luis Gerardo Cuellar as the City Treasurer. Motion carried by following vote 5/0:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2023.004
City Council Regular Meeting - Page 77 of 186
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPOINTING LUIS GERARDO CUELLAR AS THE CITY TREASURER TO FILL THE
UNEXPIRED TERM OF FORMER CITY TREASURER GABRIELA CAMACHO
STAFF ORAL COMMENTS
City Manager Hernandez noted a reminder of the Council’s participation in tonight and tomorrow activity during the City’s homeless count for this year.
ADJOURNMENT
Council Member Munoz -Guevara requested that the meeting adjourn in memory of the victims of the Half Moon Bay shooting and Gerald Anthony Battle.
Mayor Flores noted the loss of Deputy Jonathan an off duty officer out of Century Station and that our neighbors in Monterey Park that have suffered greatly and requested a few seconds of silence before adjournment.
Having no further discussion, it was moved by Mayor Flores, seconded by Council Member Solache to adjourn the regular Lynwood City Council meeting at 6:29 p.m.
Maria Quiňonez, City Clerk Oscar Flores, Mayor
/nb
City Council Regular Meeting - Page 78 of 186
1 Lynwood City Council Regular Meeting
Meeting Minutes
February 21, 2023
01. CALL TO ORDER
The City Council Regular Meeting of the City of Lynwood met in the Council Chambers, 11350 Bullis Road Lynwood, CA 90262 or Web conference via ZOOM - To participate via Zoom or by telephone: 1 -669-900-9128 or 1 -253- 2158782 Meeting ID: 835 2029 8238 on the above date at 6:00 p.m.
Meeting called to order at 6:00 p.m.
Mayor Flores presiding.
02. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
Silvia Pineda, Assistant to the City Clerk announced the Agenda had been duly posted in accordance with the Brown Act.
03. ROLL CALL OF COUNCIL MEMBERS
PRESENT: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
ABSENT: NONE
STAFF CITY MANAGER HERNANDEZ, CITY TREASURER CUELLAR
PRESENT: AND ACTING CITY ATTORNEY LAM VIA ZOOM
ABSENT: CITY CLERK QUINONEZ
04. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Solid Stone Steppers and Presentation of Colors by the Lynwood Sheriff’s Explorers.
05. INVOCATION
Reverend Rudy Perez offered the invocation.
06. PRESENTATIONS/PROCLAMATIONS
• Update on Law Enforcement Issues.
• City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 D)). • City Videos.
• Black History Month Proclamation
• Black History Month Contest Winners.
City Council Regular Meeting - Page 79 of 186
2 07. COUNCIL RECESS TO:
City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency MOTION: It was moved by Council Member Solache, seconded by Mayor Pro Tem Soto to recess to the City of Lynwood as the Successor Agency to the Lynwood Redevelopment Agency at 6:33 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Housing Authority
MOTION: It was moved by Council Member Muñoz-Guevara, seconded by Mayor Pro Tem Soto to recess to the Lynwood Housing Authority at 6:34 p.m. Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Lynwood Public Financing Agency
MOTION: It was moved by Council Member Solache, seconded by Council Member Muñoz-Guevara to recess to the Lynwood Public Financing Agency at 6:35 p.m.
Motion carried by unanimous consent.
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 80 of 186
3 The City Council reconvened to the regular City Council meeting at 6:38 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
The following individuals spoke on agenda item #17 Ordinance No. 1756 setting a minimum wage of $25.00 per hour for qualifying healthcare workers working in the City of Lynwood:
Adena Tessler
Fred Ortega
Denise Knitter
Victor Reyes
Jasmin Enciso
Mayra Castaneda
Gabriel Montoya
Apollonia Gonzales
Sergio Perez Garcia
Delores Aguilar
Jose Menendez
Maria Arrellano
Giovani Gutierrez
Lynette Smith
NON-AGENDA PUBLIC ORAL COMMUNICATIONS
The following individuals spoke about non-agenda items:
Paola
Martha Pineda
Ruby Rivera
Cassandra Velez
Jacob Parnell
Mayan Parnell
Erick Jason Medal submitted an email
Consent Calendar
All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action.
City Manager Hernandez requested that agenda item number fifteen (15) be continued to the next meeting.
Council Member Muñoz-Guevara requested that agenda item numbers ten (10) and fifteen (15) be pulled for separate consideration.
City Council Regular Meeting - Page 81 of 186
4 MOTION: It was moved by Council Member Solache, seconded by Council Member Soto to approve the remaining balance of the consent calendar and receive and file staff reports. Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
08. APPROVAL OF THE WARRANT REGISTER
Approved and Adopted RESOLUTION NO. 2023.012
ENTITLED: A RESOLUTION OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS REGISTER DATED FEBRUARY 21, 2023 FOR FY 2022-23
09. PREVIOUS MEETING MINUTES
Approved MEETING MINUTES FOR FEBRUARY 7, 2023
COUNCIL MEETING
10. TREASURER'S INVESTMENT POLICY
MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item.
Mayor Flores opened discussion to Council Member Muñoz-Guevara per his request.
Council Member Muñoz-Guevara stated that the reason for pulling this item is that the Treasurer’s Investment Policy is approved year to year without much discussion. He indicated it is important for the city to signal where we stand on the environment and that this small decision we can make as a city to divest from fossil fuels, from oil and gas is an important message to send to our residents who are surrounded by freeways, who are surrounded by the Alameda Corridor, who deal with pollution every day. He expressed that sadly, there has been research that shows that folks in South East L. A. live less than many folks in West Side communities because of the burden of pollution. He voiced that this is a small gesture we can make and clarified his motion from the last meeting by stating he did not want the city to immediately sell off investments, but noted that this policy will just ensure that when the time comes, when our current investments expire that we make sure that we are not investing in repurchasing options deriving from fossil fuel assets.
City Manager Hernandez stated that he and the Treasurer met about this concern and noted the current environment would result in some losses in revenue as it relates to our dividend revenue. He indicated that he understands the requested modification City Council Regular Meeting - Page 82 of 186
5 that Council Member Muñoz-Guevara introduced would provide direction for the city to go with more environmentally friendly investment options relating to our financial dividend revenue.
Council Member Muñoz-Guevara reiterated that he was not asking for immediate divestment, rather requesting that over the years as our investments come up we evaluate divestment direction at that time. He recommended that if we learn from the Treasurer when it is time to look at the investments again that this item would come back to us. He introduced a subsequent motion to approve the Treasurer's investment policy with an amendment to the unauthorized investments, to reflect the prohibition on investments in firms that are predominantly in the business of exploration, production, drilling, and refining of coal, petroleum, oil, and or natural gas, and have the opportunity to re-evaluate those investments when our current investments expire.
Mayor Flores thanked Council Member Muñoz-Guevara for the clarification, seconded the subsequent motion. He inquired if there was any other discussion or if he could get a roll call.
Acting City Attorney John Lam stated that it appears there are two motions on the floor right now. He requested clarification for which particular motion that is being referred to for the roll call.
Mayor Flores indicated that it is his understanding that the subsequent motion takes precedent and inquired if that is correct.
Acting City Attorney John Lam indicated that would be applicable o nly if the subsequent motion maker made the first motion also.
Mayor Flores indicated that Council would go back to the first motion.
Acting City Attorney John Lam stated the appropriate action would be to visit the first motion or rescinding the first motion.
Mayor Flores stated the need to revisit the first motion and noted the motion had a first and a second as well. Mayor Flores requested a roll call for that motion.
Council Member Muñoz-Guevara requested clarification if that the roll call was for the first motion with no amendments.
Mayor Flores replied that is correct and requested a roll call and the motion carried by the following 3/2 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, AND MAYOR PRO TEM SOTO
NOES: COUNCIL MEMBERS MUNOZ-GUEVARA AND MAYOR FLORES
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 83 of 186
6 Approved and Adopted RESOLUTION NO. 2023.013
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE TREASURER’S STATEMENT OF INVESTMENT POLICY
11. FY2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)
Received and Filed FY2021-22 ANNUAL COMPREHENSIVE FINANCIAL
REPORT (ACFR)
12. APPROVAL OF RESOLUTION NO. 2023.014 APPLICATION FOR GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT’S
CALHOME PROGRAM
Approved and Adopted RESOLUTION NO. 2023.014
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNI TY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY
RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM
13. APPROVAL OF SPECIAL EVENT PERMIT – CIRCO HERMANOS CABALLER CIRCUS
MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item.
Mayor Flores opened discussion to Council Member Muñoz-Guevara per his request.
Council Member Mu ñoz-Guevara stated that the reason the item was pulled was to take a moment to recognize Circo Hermanos Caballer Circus. He noted that a Lynwood resident had reached to out to him and that the resident happens to work for a nonprofit called “Reach L. A. ” that is dedicated to providing critical services to individuals aging out of the foster youth system. Council Member Mu ñoz-Guevara indicated that the resident asked him to write a letter to the circus operators advocating for a partnership between the nonprofit and the circus. He said he wanted to recognize that the circus was gracious enough to agree to donate 30% of their proceeds from this Friday’s 7:30 p.m. showings to the nonprofit. Council Member Mu ñoz-Guevara expressed gratitude to Circo Hermanos Caballer Circus and hoped that they can continue being good neighbors and partners to our city. He requested the Council to support the circus and attend the Friday shows, as they are willing to donate so much of their proceeds.
Mayor Flores commented that when he first saw agenda item 13, he first thought was that they are already set up. He remarked that we are working a little backwards here and stated that events require permits before setting up.
City Council Regular Meeting - Page 84 of 186
7 Gabriel Linares, Community Development Director responded affirmative and stated that last year we went through a policy change for special event permits . He mentioned that one of the changes was that we now have is a procedural manual. He also noted need to have the events come in earlier than scheduled, with possibly a six-month or a special expedite permit process that may be reviewed by the city manager or somebody directed by him. He acknowledged this does not negate from the requirement to bring the item to council, but it does provide a method to streamline the process. He admitted that the circus was not aware of the policy but he encouraged council to extend some leniency and direct ion to work with the v endors as they show up. He stated t he vendor did have all the clearances from the fire department and police department and staff went ahead and processed it through an expedited permitting process, revi ewed the application, and consulted with the city manager. He apologized that there was not time to put th e item on the last council agenda and so it is on tonight’s agenda.
City Manager Hernandez stated that the city’s administrative policy related to the use of public facilities and this event involved the use of private facilities. He voiced that staff was somewhat reactionary and found a mechanism to do an expanded process.
He noted that the plan right now is to reduce the timeline for private sector locations to a 30-day process; however, he acknowledged that this item’s timeline would still have been an issue. Additionally, he disclosed Circo Hermanos Caballer Circus has a long history with the city and revealed the fact that they had to pay a penalty for the expedited process. He expressed that because we know there are certain groups that do business with the city every single year staff will be proactively reaching out to them informing them about the new process. He asserted that this group has a lot of established relationships, including existing relationships that assisted in achieving a much faster process than other groups. He said that most events would not have been able to do accomplish the same timeline if they did not have the required clearances in place, which would then encompass an emergency permit.
Mayor Pro Tem Soto stated that sh e was aware that for years Circo Hermanos Caballer Circus has been working with the city and donating a lot of items for the community such as thanksgiving turkeys, toys for the students and also participating in our special events and that they have been successful working all the time with our city.
Mayor Flores requested a roll call and the motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2023.015
City Council Regular Meeting - Page 85 of 186
8 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING THE CIRCUS HERMANOS CABALLERO EVENT FOR FEBRUARY 9, 2023 – MARCH 6, 2023
14. CHANGE OF ALTERNATE MEMBER TO THE GOVERNING BOARD OF THE LOS
ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT
AUTHORITY
Approved and Adopted RESOLUTION NO. 2023.016
ENTITLED: “A RESOLUTION OF THE CITY COUNCIL APPR OVING A CHANGE OF THE
ALTERNATE TO THE GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY GOVERNING BOARD"
15. AWARD OF CONTRACT TO SENIORS AND JUNIORS, INC. FOR IMPROVEMENT WORK AT LOS ANGELES COUNTY FIRE DEPARTMENT, STATION 147.
Continued to Next Meeting
New/Old Business
16. CONDUCT SECOND READING OF ORDINANCE NO. 1756 - AN ORDINANCE
AMENDING LYNWOOD'S MUNICIPAL CODE SETTING A MINIMUM WAGE OF TWENTY- FIVE ($25.00) PER HOUR FOR QUALIFYING HEALTHCARE WORKERS WORKING IN
THE CITY OF LYNWOOD
MOTION: It was moved by Council Member Muňoz-Guevara, seconded by Council Member Camacho to approve Ordinance No. 1756. Motion carried by following 4/1 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA AND
SOLACHE AND MAYOR FLORES
NOES: MAYOR PRO TEM SOTO
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted ORDINANCE NO. 1756
ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING CHAPTER 4-35 TO THE
LYNWOOD MUNICIPAL CODE AS AN ORDINANCE TO ESTABLISH A MINIMUM WAGE OF $25.00 PER HOUR FOR QUALIFYING HEALTHCARE WORKERS IN THE CITY OF
LYNWOOD
17. ACCEPTANCE OF 2023 DODGERS DREAMTEAM YOUTH BASEBALL/SOFTBALL
PROGRAM AGREEMENT AND GRANT FUNDING
City Council Regular Meeting - Page 86 of 186
9 MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item. Motion carried by following 4/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, SOLACHE, MAYOR PRO
TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBERS MUNOZ-GUEVARA
Approved and Adopted RESOLUTION NO. 2023.018 AND AGREEMENT WITH
THE LOS ANGELES DODGERS FOUNDATION FOR
THE 2023 DODGERS DREAMTEAM LYNWOOD YOUTH
BASEBALL AND SOFTBALL PROGRAM
ENTITLED: A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING AN AGREEMENT WITH THE LOS ANGELES DODGERS FOUNDATION FOR THE 2023
DODGERS DREAMTEAM LYNWOOD YOUTH BASEBALL & SOFTBALL PROGRAM
18. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR CODE ENFORCEMENT
SUPPLEMENTAL SERVICES
MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2023.019 AND PROFESSIONAL
SERVICES AGREEMENT FOR CODE
ENFORCEMENT SUPPLEMENTAL SERVICES
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT, IN THE NOT TO EXCEED AMONT OF $250,000 IN ARPA
FUNDING FOR CODE ENFORCEMENT SUPPLEMENTAL SERVICES
19. STAFF RECOMMENDS THAT THE CITY COUNCIL AUTHORIZE THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR A NEW PERMIT MANAGEMENT SOLUTION
City Council Regular Meeting - Page 87 of 186
10 MOTION: It was moved by Council Member Solache, seconded by Council Member Camacho to approve the item. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2023.020 AND A PROFESSIONAL SERVICE AGREEMENT WITH EDGESOFT, INC.
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH EDGESOFT, INC.
FOR A PERMIT MANAGEMENT SOLUTION
20. MEASURE R FUNDING AGREEMENT FOR IMPERIAL HIGHWAY CAPACITY
ENHANCEMENTS PROJECT
MOTION: It was moved by Council Member Solache, seconded by Council Member Muñoz-Guevara to approve the item. Motion carried by following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2023.021 AND AGREEMENT WITH THE
LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY (“LACMTA”)
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING THE MEASURE R FUNDING AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (“LACMTA”) FOR THE
IMPERIAL HIGHWAY CAPACITY ENHANCEMENTS PROJECT FOR THE AMOUNT OF $2,626,537.39; AND AUTHORIZING THE APPROPRATION FOR THE PROJECT
21. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE CITY MANAGER TO APPROVE THE ACCEPTANCE OF AN ART SCULPTURE
DONATION FROM THE OMBUDSMAN INTERNATIONAL ORGANIZATION
MOTION: It was moved by Council Member Solache, seconded by Council Member Muñoz-Guevara to approve the item. Motion carried by following 5/0 vote:
City Council Regular Meeting - Page 88 of 186
11 ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Approved and Adopted RESOLUTION NO. 2023.022
ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE CITY MANAGER TO APPROVE THE ACCEPTANCE OF AN ART
SCULPTURE DONATION FROM THE OMBUDSMAN INTERNATIONAL ORGANIZATION
22. REVIEW OF BOARD, COMMISSION AND COMMITTEE MEMBERS & ANNUAL BOARDS,
COMMISSIONS AND COMMITTEES LOCAL APPOINTMENT LIST
Council Member Juan Munoz-Guevara nominated Marcius Sanchez for the CDBG Board, Dr. Linda George for the Personnel Board and Jackie Espinoza Chavez for the Citizen Oversight Committee.
MOTION: Council Member Juan Munoz-Guevara made a motion, second by Council Member Solache to approve Council Member Juan Munoz-Guevara appointments.
Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Council Member Camacho nominated Erica Parada for the Public Safety/Traffic and Parking Commission. She indicated she has not found a replacement but will continue the current member that is on the Planning Commission so that the record is clear.
MOTION: Mayor Pro tem Soto made a motion , second by Mayor Flores to approve Council Member Camacho appointments. Motion carried by the following 5/0 vote:
ROLL CALL:
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA,
SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
City Council Regular Meeting - Page 89 of 186
12 CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Muñoz-Guevara indicated he wanted to remind everyone that this Thursday is the City's Black History Program and acknowledged the work that our staff accomplished for this important celebration. He encouraged individuals to attend and take advantage the event. He also addressed the issue of renter protections and noted that as of today there are 39-days remaining before expiration of important protections provided by the County. He mentioned that in the time since our last Council meeting he met with additional landlords and with more renters. He remarked one particular renter actually brought out his notice, which signaled a rent increase of over $200, which already had been sent out, and effective April 1. Additionally, he commented the landlords are immediately waiting for the protections to expire in order to start the process of raising rents. He also wanted to emphasize just as scholars have mentioned, this is one tangible thing, one tangible policy that our council can adopt and stated it is a sensible policy that protects renters and small landlords. He said it is possible that that we raise the issue and study the matter.
Council Member Camacho had no further comments.
Council Member Solache stated he wanted to acknowledge the beautiful lights all along the Linear Park, as t hey are amazing and beautiful. He noted that the community is just ecstatic about them. In addition, he noted the need to make sure this feature is well taken care of because he always tell people we deserve everything other communities have and we must take care of these th ings so they continue to look beautiful. He mentioned that he drives through the area often and lives near the location and stated that our city deserves to have something of that quality to enjoy.
He also observed that the lights are on literally 24-hours right now and so obviously recommended that staff makes sure they are not on during the day light hours when there is no need
Mayor Pro Tem Soto agreed with Council Member Solache that the lights along Linear Park are beautiful and that she had noticed the lights were on during the daylight hours. She wished everyone “Happy Black History Month” and wanted to be sure that everyone celebrates and continues celebrating Black History Month. She mentioned that next month during the first week of March Lynwood schools would be celebrating “Read across America”. S he extended a welcome to everyone to visit a school on Thursday March 2 nd and participate with the students by joining the celebration for “Read across America” at all of the Lynwood schools.
Mayor Flores questioned the status of our favorite playground and final changes.
STAFF ORAL COMMENTS
City Manager Hernandez indicated that Community Development Director Linares visited L.A. Card in response to information received related to their services. He noted that they expressed their desire to come into the city and they are reaching out to the council members individually. He reminded council members t hat only two of the City Council Regular Meeting - Page 90 of 186
13 members at a time could attend their efforts. He said this Thursday staff would attend the L. E. D. C. S. Economic forecast to be aware of information for us to be aware of as we are approaching the start of a two -year budget cycle and forecast will provide important information we need to know about.
ADJOURNMENT
Having no fu rther discussion, it was moved by Mayor Pro Tem Soto , seconded by Council Member Solache to adjourn the regular Lynwood City Council meeting at 8:34 p.m.
Maria Quiňonez, City Clerk Oscar Flores, Mayor
/nb
City Council Regular Meeting - Page 91 of 186
Agenda Item # 11.
AGENDA STAFF REPORT
DATE:
March 7, 2023
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:
APPROVAL OF THE SALE OF SAFE & SANE FIREWORKS - 2023
Recommendation:
Staff recommends that the City Council approve the sale of safe & sane fireworks.
Background:
Ordinance 1548-A and 1565 regulates the sale of safe & sane fireworks in the City of Lynwood.
If approved, applications for the sale of safe & sane fireworks will only be accepted, and reviewed, in the City Clerk's Office between March 1, 2023 and March 31, 2023. Soon thereafter, the submitted applications will be presented to the City Council for approval. The city allows up to fourteen (14) firework stands to operate between July 1 and July 4.
Discussion and Analysis:
The sale of safe & sane fireworks provides non-profit corporations, established in the City of Lynwood, the opportunity to raise funds to assist their charitable activities for the civic betterment of the Lynwood community.
The purpose of this item is to approve the sale of safe & sane fireworks for 2023.
Fiscal Impact:
There is no fiscal impact associated with this recommendation.
Coordinated With:
City Council Regular Meeting - Page 92 of 186
N/A
ATTACHMENTS:
Description
2023 Fireworks Application Packet
ORDINANCE NO. 1548-A
City Council Regular Meeting - Page 93 of 186
City of Lynwood
Application Instructions
for Fireworks Stands
1. Applications will be accepted between March 1st and March 31st. NO LATE APPLICATIONS WILL BE ACCEPTED.
2. All application packets must include the following:
a. Completed Application Form (please use attached form). b. Proof of non -profit status from the Califo rnia Secretary of State or comparable information.
c. Organization’s Membership Roster.
d. Statement of Purpose (please use attached form).
e. Written permission from the property owner to sell fireworks at the fireworks stand location.
f. Fireworks Stand Plot Plan.
g. Certificates of insurance covering the operation of the stand and its premises, in the amount of $1,000,000 designating the City as insured thereunder.
h. State Fire Marshal License.
i. Sales permit for the City from the State Board of Equalization.
j. Fireworks Survey (please use attached form).
k. Statement of Compliance (please use attached form).
l. Fees:
Permit Fee (Non-Refundable) $500
Fire Clearance Fee (Refundable if not qualified) $552 Clean-Up Fee (Refundable per Resolution 2005.050) $500
PLEASE REMIT A SEPARATE CHECK FOR EACH FEE AMOUNT
LISTED ABOVE.
3. The Financial Summary Report form is due by Thursday, A ugust 17, 2023.
Failure to comply may result in revocation of future fireworks permit eligibility (please use attached form).
4. Please refer to the attached Lynwood Municipal Code Section 12 -2, for a complete list of fireworks rules and regulations (also available online at http://www.codepublishing.com/ca/lynwood/).
City Council Regular Meeting - Page 94 of 186
City of Lynwood
Application for Permit to Sell Fireworks
Name of Organization:
Location of Fireworks Stand:
Person Responsible for this Application:
24 Hour Contact Phone No.:
Organization’s Mailing Address:
Organization’s Phone No.:
Email Address:
Address of Principal Meeting Place (must be located in Lynwood):
Date Organized (minimum 2 years):
Number of Members:
State Board of Equalization Sales Tax Permit No.:
Insurance Company:
Policy No.:
Minimum Requirements: Certificate of public liability and property damage insurance covering the operation of the stand and its premises, in the amount of $1,000,000 designating the City of Lynwood as insured there under. (LMC 12-2.6d1) Name and Address of Fireworks Wholesaler or Distributor:
State Fire Marshal’s License No.:
Each organization operating or participating in a fireworks stand shall submit to the City a Financial Statement of Actual Sales and Profit by August 17, 2023.
Failure to comply may result in revocation of future fireworks sales eligibility.
I certify that the above information is true and correct to the best of my knowledge and such information is subject to audit.
Name and Address of Authorized Representative:
Phone No.:
Cell Phone No.:
Signature of Authorized Representative:
Date:
NOTE: APPLICATIONS ARE DUE BY MARCH 31, 2023.
City Council Regular Meeting - Page 95 of 186
City of Lynwood
Statement of Purpose
for Fireworks Stands
In the space below, please TYPE or PRINT a statement of the purpose for which your organization is formed:
_________________________________
Print Name of Authorized Representative
_________________________________ __________________________ Signature of Authorized Representative Date
City Council Regular Meeting - Page 96 of 186
City of Lynwood
Fireworks Survey
In the space below, please TYPE or PRINT a description of how and where the net proceeds from your organization’s fireworks profits will be expended.
_________________________________
Print Name of Authorized Representative
_________________________________ __________________________ Signature of Authorized Representative Date
City Council Regular Meeting - Page 97 of 186
City of Lynwood
Statement of Compliance
for Fireworks Stands
We, _________________________________________ (Name of Organization) agree to comply strictly with the terms of any permit granted, and to furnish any additional information as may be reasonably required by the City Manager or his designee (LMC 12-2.6e).
We, _________________________________________ (Name of Organization) agree that all decisions of the City Manager or his designee regarding grant or denial of a permit are final and not subject to appeal (LMC 12-2.6f).
_________________________________
Print Name of Authorized Representative
_________________________________ __________________________ Signature of Authorized Representative Date
City Council Regular Meeting - Page 98 of 186
City of Lynwood
Financial Summary Report
Due on August 15, 2022
NOTE: This Financial Summary Report must be returned to the Lynwood City Clerk’s Office by 6:00 p.m. on August 17th. NO EXCEPTIONS. Failure to comply may result in revocation of future fireworks permit eligibility.
Name of Organization:
Location of Fireworks Stand:
Authorized Representative:
Phone No.:
Email Address:
Cell Phone No.:
Fireworks Vendor:
Expenses (Must include copies of all receipts):
1. Total paid to vendor: ____________ (Fireworks cost, company charges, licenses)
2. Total paid to other: ____________ (Security, power supply, advertising, etc.)
3. Miscellaneous paid: ____________ (Food, supplies, give-away fireworks, etc.)
4. Total expenses paid: ____________ (Total of the above three lines)
Gross Sales:
5. Total of gross receipts ____________ (Total money earned by organization through fireworks sales)
Profit:
6. Total gross sales: ____________ (Line 5)
7. Total expense paid: ____________ (Line 4)
8. Total Net Profit ____________ (Total of gross sales less total expenses, subtract Line 4 from Line 5)
I certify that the above is true and accurate accounting.
Signature of Authorized Representative:
Date:
City Council Regular Meeting - Page 99 of 186
ORDINANCE NCB. 1548 - A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING Se CTI() 12 -2 OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW SECTION 12 -2 FOR THE PURPOSE OF
BANNING POSSESSION, SALE, USE AND DISCHARGE OF FIREWORKS IN
THE CITY OF LYNWOOD EXCEPT UNDER LIMITED CIRCUMSTANCES
INVOLVING SAFE AND SANE FIREWORKS
WHEREAS, the City of Lynwood is a general law city located in the County of Los Angeles and operating under the laws of the Stateof California and the California Constitution; and
WHEREAS, California flcalth. and ; safety, `. ode sectio,:, 12541 permits a City to regulate the sale, use: and discharge of fireworks its jurisdiction; and WHEREAS, the City of Lynwood is responsible for the promotion of safety through the reasonable regulation and control of the sale and use of Safe and Sane Fireworks which benefit the charitable organizations in the City in their sale, and protect the public health and welfare from potentially damaging useof dangerousfireworks; and WHEREAS, the City Council wisher, to fix the number of permits to sell Safe and Sane Fireworks issued in the City and furt' ier regulate permittees to ensure the proper sale and use of such fireworks; and
WHEREAS, the City Council hasfound that clarification and additional enforcement of the ban on the possession, sale, use and discharge of Dangerous Fireworks in the City is needed to protect the health, safety and welfare of the citizens of Lynwood.
NOW, THEREFOR. E'- THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN l>,S FOLI, OWS-
Section 1. That Section 12 -2 of Chapter 12 of the Code of the City of Lynwood is hereby repealed it its entirety.
Section 2. That a new Section 12 -2 of Chapter 12 is added to Code of the City of Lynwood which section reads as follows:.
Section 12 - 2
POSSESSION, SALE, USE AND DISCHARGE OF FIREWORKS PROHIBITED WITH
LIMITED FXCEPTIONS FOR SAFE AND SANE FIREWORKS
Statement of Purpose
Definitions
Restrictions on Salf: or Discharge
REGULAR
City Council Regular Meeting - Page 100 of 186
T
Exception for Sale and Discharge of Safe and Sane Fireworks Permit Required for Sales
Applications for Permits
Notice of Granting or Rejecting of Permit
Prerequisites to Issuance of Permit
Operation of Stands
Compliance with City Regulations and State Laws
Temporary Fireworks Stands
Permit Fee
Fire Clearance Fee
Cleanup Fee
Temporary Sales Tax Permit Required
P'' Tmissiblc':' T. C ann for Tiic har, of C•, f ,, , c„ r.
Prohibitions On Discharge
Age Limit for Purchase
Violations - Penalties
Statement of Purpose
The purpose of this Section is to protect the property of and provide for the health, welfare and safety of the citizens of Lynwood by prohibiting the possession, sale, use and dischargeof DangerousFireworks within the City of Lynwood and establishing reasonable regulations on the possession, sale, use and discharge of Safe and Sane Fireworks.
y
Definitions
Safe and Sane Fireworks" ( " SAS Fireworks ") shall mean only those fireworks which are defined in section 12529 of the California Health and Safety Code and have been classified and registered as safe and sane by the state fire marshal.
Person" shall mean any individual, person, firm, partnership, corporation, association or any other entity.
Dangerous Fireworks" shall mean all fireworks other than SAS Fireworks, and include, but are not limited to those fireworks defined in sections 12505 and 12561 of the California Health and Safety Code.
State Fireworks Law" shall mean section 12500 et sse., of the California Health and Safety Code.
Restrictions on Sale or Dischar¢ e
Except asotherwise provided in this section, it shall be unlawful for any personto store, possess, sell, offer for sale, display, a. z, dischargeor explode any DangerousFireworks within theCity of Lynwood. It shallalsobeunlawful for anypersonto dischargeany 2 ar
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City Council Regular Meeting - Page 101 of 186
SAS Fireworks in any manner other than in compliance with the instructions of the manufacturer.
Exception for Sale and Discharge of Safe and Sane Fireworks SAS Fireworks may be sold within the City only during the period beginning at 9:00 a.m. on July 1, and ending at 10:00 p.m. on July 4. Discharge of SAS Fireworks is permitted within the City only between the hours of 4:00 p.m. and 10:00 p.m. on July 4` h.
Permit Required for Sales
Except as ncreinafter provided, no person shall offer for sale or sell fireworks of any kind t City,, t ) 1 z x frSt arpl , d fslr ar d rF.: t. va i s Ci+ N; P t .. .
in he t.., wi. ho?. t la i .. ;_
Applications for Permits
All applications for a city permit for retail saleof SAS Fireworks shall:
a. Be madein writing upon the application form approved by the City Manager or his or her designee, and be accompaniedby the permit fee, fire clearancefee and cleanup fee establishedpursuant to Section 12 -2. Such feesare not for the purposes of revenue, but instead will be used to defray administrative costs, such as those associated with processing the application and verifying the information provided therein.
b. Be submitted to th- City Clerk' s office between March 1 and March 31 each year.
When the last day of March falls on a Saturday or Sunday, the following business day shall be determined to be the last day for acceptanceof applications.
C. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property ! ^ - ated in C - 1 or heavier industrial or manufacturing zones and must be located on Imperial Hiahwav, Atlantic Boulevard, Long Beach Boulevard, Abbott Road. or Century Boulevard. The written permission of the owner of record or lessee of the real property must accompany the application:
d. Be accompanied by the following documentation:
1. Certificates of public liability and property damage insurance covering the operation of the stand and its premises in the amount of one million dollars ($ 1, 000, 000) in the aggregate for the combined single limit bodily injury and / or property r' amage, including products liability, certificates designating the city as an additional insured thereunder.
2. A copy of the applica.; t' s current and valid retailer' s license from the state fire marshal.
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City Council Regular Meeting - Page 102 of 186
3. A current and valid temporary sales permit for the City from the regional office of the State Board of Equalization.
4. Proof of non - profit status for the organization and a current certificate of good standing from the California Secretary of State. If the applicant organization is an unincorporated association, it shall present the aforementioned documents or comparable information.
5. Membership Roster.
6. A statement of the purpose for which the applicant is organized. r' ..
a ` % a ini': ite t ELI 1lci - n. id which describes now and where the net proceeds from the sale of SAS Fireworks have been and are to be expended.
8. Such other additional information as may be required. Additional requirements may be established from time to time by a resolution of the City Council.
f. Include a statementthat the applicant agreesto comply strictly with the terms of any permit grantedto it and to furnish any additional information asmay be reasonably required by the City Manager or his or her designee.
e. Include a statement that the applicant agrees that all decisions of the City Manager or his or her designee regarding grant or denial of a permit are final and not subject to appeal.
Notice of Granting or Rejecting of Permit
Applicants for any such permits shall be notified by the City Clerk' s office by the end of April of the granting c:: Jec:' .: of such application for a permit. A notice of rejection of an application shall be acicompanied by q.. starenient from the City Clerk listing the reason( s) for said rejection.
Prerequisites to Issuance of Permit
Each applicant for a permit issued hereunder must meet the following qualifications:
a. No permit shall be issued to any person. except non - profit associations or non- profit corporations organized primarily for civic betterment, youth activities, sport, military or veterans affairs, charitable or religious purposes, and where the principal focus of said charitable activities is in the City of Lynwood. b. Each such organization must have its principal and permanent meeting place in thecorporatelimits of thecity, mustmaintaina bonafide membershipof at leastten 10) members, and must have been organized and established in the city' s corporate 4 REGULAR
City Council Regular Meeting - Page 103 of 186
limitsfor aminimumof two (2) yearscontinuouslyprecedingthefiling of the application for the permit. Suchorganizationshall haveno history of revocation of a City - issuedfireworks permit /licenseduring the last five ( S) years, C.
No organizationmayreceivemorethanonepermitfor saleof fireworksduring one calendar year. Each permit entitles the holder to operate one (1) fireworks stand.
Onepermit may beissuedto two (2) or morequalifying applicantsasajoint venture, Themaximumnumberof permitsthatmaybeissuedpursuanttothissectionduringany one calendar year shall not exceed fourteen ( 14),
d. If the number of qualified permit applicants exceeds fourteen ( 14), a public drawingshallbeheldatonthedateof thesecondCityCouncilmeetingin themonthof May to selectthe applicantswho shallreceivepermits, Thenamesof all qualified to ei han: Lmequal opportunity of receiving a
permit, andthe qualified permit applicantsthemselveswill participatein thedrawingof names until fourteen ( 14) have been selected,
Operation of Stands
a. No personother thanthepermitteeorganizationshall operatethe standfor which the permit is issued or shareor otherwise participate in the profits of the operation of such stand.
b. No person other than the individuals who are membersof the permittee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.
C.
Nopersonshallbepaidanyconsiderationforsellingorotherwiseparticipating in the sale of fireworks at such stand.
d, Nopersonundertheageof eighteen (18) mayparticipatein thesellingof fireworks.
e. rxrit. s -1 ; 1 sale of SAS ireworKsaspermittedhereunder, thepersonselling the fireworks shall hand to eachpurchasera fireworks information flyer, which shalldescribetheprovisionsof Section12 -2, includingbutnot limited to, datesand locationsof discharge, violations /penaltiesandsafetyinformation, Copies of this flyer shall also be conspicuouslypostedon the exterior of eachfireworks stand.
This informationlyer will bepreparedannuallyby theCity Manageror hisor her desigiiee and shall be distributed to each permittee. The permittee shall be responsible for copying, posting anddistributing the information flyer in the manner desc'; ribed above.
Compliance with City Regulations and State Laws
Everypersonwhois issuedapermitto cellSASFireworksshallcomplywiththe
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City Council Regular Meeting - Page 104 of 186
provisions of the state fireworks law, the rules and regulations of the state fire marshal and the provisions of section 12 -2 of the Lynwood Municipal Code. In the event of a conflict between the state fireworks law and this Section, the provisions of this section shall be enforced. Any violation of this section, the state fireworks law and /or the rules and regulations of the state fire marshal by the permittee, its officers, agents or employees shall constitute cause to deny any subsequent application for a permit.
Temporary Fireworks Stands
All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is hereby c- )Ial! ' m bj— ! the fG ivrviiig r iyisiU[ lJ.
a. No fireworks stand shall be located within fifty feet ( 50') of any other building, three hundred feet ( 300') of any gasoline pump, twenty feet (20') of a curb line, nor within one thousand feet ( 1,000') of any other fireworks stand. b. Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be erected under the supervision of the building official, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons.
C. No stand shall have a floor area in excess of three hundred ( 300) square feet. d. Each stand in excess of twenty four feet ( 24') in length must have at least two 2) exits; and each stand in excess of forty feet ( 40') in length must have at least three 3) exits spaced approximately equal distances apart; provided, however, that in no case shall the distance between exits exceed twenty four feet ( 24'). e. Each stand shall be provi - 1-41wi` L ^* least two ( 2) 2'/,- gallon " soda and acid" or water pressure type fire extinguishers, in. good working order and easily accessible for use in case of fire.
f. No more than three ( 3) fireworks stands shall be situated on any single recorded parcel of land within the City at one time.
g. All weeds and combustible material shall be cleared from the location of the stand including a distanceof at leastthirty feet (30') surrounding the stand. h. " No Smoking" signs shall be prominently displayed on the fireworks stand and no smoking shall be permitted within the stand or within fifty feet ( 50') of the stand.
3 City Council Regular Meeting - Page 105 of 186
I . Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remainin. in the stand after close of business each day is forbidden.
j. The sale of fireworks shall not begin before nine 9 a.m. ( 9: 00 a. m.) on July 1 and shall not continue after ten p. m. ( 10:00 p.m.) on July 4. k. All unsold stock and accompanying litter shall be removed from the location by five p.m. ( 5:00 p. m.) on July 6.
1. The fireworks stand shall be removed from the temporary location by twelve o'clock noon (12:00 p.m.) on July 18, and all accompanyinglitter shall be cleared from the M. State and city licenses to sell SAS Fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.
Permit Fee
The permit fee for the selling of SAS Fireworks within the City shall be $ 500. 00, which must be paid at the time of application. In the event a permit is not granted to the applicant, the permit fee is non - refundable. The permit fee is subject to change from time to time by resolution of the City Council, and shall be published in the City' s Fee Schedule and included in the SAS Fireworks sale application forms.
Fire Clearance 1, ee
A fire clearance fee in the amount of $ 552. 00 shall be paid at the time of application for a permit to sell SAS Fireworks. In the event a permit is not granted to the applicant, the fire clearance fee shall be refunded to the applicant. The fire clearance fee is subject to change by reset -.1ton ` ` he City Council, and shall be published in the Citv' s Fee Schedule and included Jr, the SAS Fireworks ; ale appl_ icat_ic- a fors . s.
Cleanup Fee
A cleanup fc..e in the amount of 550. 00 shall be paid at the time of application for a permit to se,il SAS Fireworks. In the event a permit is not granted to the applicant, the cleanup fee shall be refunded to the applicant. This fee is refundable upon completion of business activity and compliance with all requirements under Section 12 -2 of this Code. The cleanup fee is subject to change from time to time by resolution of the City Council, and shall be published in the City' s Fee Schedule and included in the SAS Fireworks sale application forms.
Temporary Sales Tax Permit Required
Organizations receiving a City permit for the selling of SAS Fireworks are required 7 City Council Regular Meeting - Page 106 of 186
to obtain a temporary sales tax permit from the regional office of the State Board of Equalization.
Permissible Locations for Discharge of Safe and Sane Fireworks Theuseof SASFireworksin theCity shallbelimited to privateproperty, exceptas otherwise provided in this section. No fireworks of any kind shall be discharged, exploded, ignited, projected or otherwise usedon public property, or in a public streetor right -of -way, except that dischargeof SAS Fireworks may be permitted in City parks as the City may designate from time to time.
Prohibitions On Discharge
a. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or use, any fireworks, or permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his consent, or to ignite, explode, project, or otherwisefire or makeuseof, any fireworks within fifty feet 50') of any residence, dwelling or other structure.
b. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or make use of, any fireworks within five hundred ( 500') feet of any fireworks stand, gasoline station, construction site, school or any other place where combustible materials are stored.
C. It shall be unlawful for any person to ignite, explode, project, or otherwise fire or make use of, any fireworks from the roof of any structure.
Age Limit for Purchase
It shall be unlawful for any person, agent or employee engaged in the business of the sale or disposition of SAF, Firek!— rks to sell, furnish, give or cause to be sold, furnished or giv ;m away any SAS Fireworks to an-, person under the age of eighteen ( 18) years, whether or not the person engaged in the business has knowledge that the person sold to; furnished to or given to is under the age of eighteen ( 18) years. a. It shall be unlawful for any person under the age of eighteen ( 18) years to purchase any SAS Fireworks.
b. It shall be unlawful for any person under the age of eighteen ( 18) years to discharge any SAS Fireworks within the City boundaries except when under the direct supervision of and in the presence of an adult.
C.
For thepurposeof preventingtheviolation of this subsection, any person, agent, or employee, engaged in the business of the sale or disposition of safe and sanefireworks, may refuse to sell, furnish or give away any safeand sane fireworks to any person who fail, to produce adequate written evidence that he or M.
City Council Regular Meeting - Page 107 of 186
she is eighteen ( 18) years or over. Such written evidencemay include, but is not limited to, a motor vehicle operator' s license. Proof that the person or agent or employee, engaged in the sale or disposition of safe and sane fireworks, demanded, was shown and acted in reliance upon adequate evidence or proof of age of eighteen 18) years or over shall be a defense to any criminal prosecution under this subsection.
Violations - Penalties
Any personwho violatesanyprovisionof Section12 -2 shallbedeemedguilty of a misdemeanor, and upon conviction thereof shall be punishable by the penalties and /or fines as provided for in Section 1 -5 of the Lynwood Municipal Code, unless a specific SlP ff >. t > A t rn) Ytnn ' r:- - L. _ 7
11. _ _ a.. o L-1au Iii "vii, vloiaiion of any
provisions of Section 12 -2 by a SAS Fireworks permittee shall result in revocation of the permit and render the violating organization ineligible for a permit for five ( 5) years from the date of such violation.
The fine for possessionof DangerousFireworks in the City is $250.00. b. Thefine for dischargingDangerousFireworksin theCity is $500.00.
Thefine for saleof DangerousFireworksin theCity is 51,000.00.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof i; for any reason held to be invalid or unconstitutional, such decisionshallnotaffectthevalidityof theremainingportionsof thisordinance. TheCity Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phraseof this ordinance irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 4. Thisordinanceshalltakeeffectthirty (30) daysafteritsfinalpassagebytheCity Council.
Section 5. TheCity Clerk of theCity of Lynwoodis herebydirectedto certify to thepassage andadoptionof this Ordinanceandto causeit to bepublishedor postedasrequiredby law.
First readat a regular meeting of the City Council held on the — Ith day of May 2004andadoptedandorderedpublishedat aregularmeetingof said Council held on the 18th day of May - , 2004.
f
jIL-o is Byrd,
City of Lynwood
9 City Council Regular Meeting - Page 108 of 186
STATE OF CALIFORNIA I
SS
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 18th day of May , 2004.
AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NONE
ABSENT: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA
SS
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk o- 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 Ordinance No. 1548 - A on file in my office and that said Ordinance was adopted on the date and by the vote therein stated.
Dated this 18th day of May 2004.
Andrea L. Hooper, City Clerk
City Council Regular Meeting - Page 109 of 186
Attest:
Andrea L. Hooper, City Clerk
Approved as to form:
ArnoldoBeltran, City Attorney
10 City Council Regular Meeting - Page 110 of 186
Agenda Item # 12.
AGENDA STAFF REPORT
DATE:
March 7, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
STAFF RECOMMENDS REJECTION OF ALL BIDS FOR THE IMPROVEMENT WORK AT LOS ANGELES COUNTY FIRE STATION 147
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, REJECTING ALL BIDS FOR THE IMPROVEMENTS AT LOS ANGELES COUNTY FIRE STATION 147.”
Background:
The City consulted with Infrastructure Engineers (IE) to review the existing conditions of Los Angeles County Fire Stations 147 and 148. IE reviewed both buildings and provided a detailed list of needed repair and replacement; Improvements at both fire stations which included replacing apparatus bay concrete floor and installing perimeter fencing and gate for Fire Station 147, and ceiling improvements for Fire Station 148.
Discussion and Analysis:
Pursuant to Section 6-3.7(b)(2) of the Lynwood Municipal Code, purchases between $50,001 and $200,000 shall be by an informal bid process and must be approved by the City Council. The City conducted an informal bidding process for improvements at Fire Stations 147 and 148. Three contractors were invited to visit both stations. The scope of work for both fire stations were discussed separately and separate proposals were requested from the three contractors. The following three (3) proposals were received for Fire Station 147:
Proposal
Proposal Amount
1. Seniors and Juniors, Inc.
Fire Station 147
$183,800.00
2. Hera Construction, Inc.
Fire Station 147
$216,201.30
3. M&C Construction Group, Inc.
Fire Station 147
City Council Regular Meeting - Page 111 of 186
$227,220.00
Seniors and Juniors, Inc. had the lowest proposal for Fire Station 147 at $183,800.00. Staff reviewed the contractor’s proposal and acknowledged that Seniors and Juniors Inc. had not registered with the Department of Industrial Relations (DIR) prior to submitting their proposal as required by Law (Per Labor Code, Sec. 1771.1).
Since Seniors and Juniors Inc. had not registered with DIR, Seniors and Juniors Inc. is considered non-compliant and their bid must be rejected. Since the next lowest bidder, Hera Construction, Inc’s, proposal is over $200,000, the project can not be accepted as an informal bid and the scope of work must be re-evaluated. Therefore, Staff recommends City Council reject all bids and authorize staff to reevaluate the scope of work and re-advertise the project at a future date.
Fiscal Impact:
The Project has an approved FY23 Budget of $337,000.00.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Description
Resolution
Agenda Item
City Council Regular Meeting - Page 112 of 186
1 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, REJECTING ALL BIDS FOR THE IMPROVEMENTS AT LOS ANGELES COUNTY FIRE STATION 147
WHEREAS, the City conducted an informal bidding process for improvements at Fire Station 147. Three contractors were invited to visit Fire Station 147. The scope of work for the fire station was discussed and proposals were requested from the three contractors. and
WHEREAS, the scope of work consists of apparatus bay concrete floor, perimeter fencing and gate.; and
WHEREAS, Pursuant to Section 6 -3.7(b)(2) of the Lynwood Municipal Code, purchases between $50,001 and $200,000 shall be by an informal bid process and must be approved by the City Council.; and
WHEREAS, On August 21, 2022, the city received three proposals for various improvement work at Los Angeles County Fire Station 147.; and
WHEREAS, the city received the following proposals:
Proposal Proposal Amount
1. Seniors and Juniors, Inc. Fire Station 147
$183,800.00
2. Hera Construction, Inc. Fire Station 147
$216,201.30
3. M&C Construction Group, Inc. Fire Station 147
$227,220.00
WHEREAS, the lowest bidder, Seniors and Juniors Inc. cannot be awarded the contract as Seniors and Juniors Inc. had not registered with the Department of Industrial Relations before submitting their proposal.; and
WHEREAS, the next lowest bid cannot be awarded the contract due to the amount exceeding $200,000,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council of the City of Lynwood rejects all the bids received for the Improvements of Los Angeles County Fire Station 147.
City Council Regular Meeting - Page 113 of 186
2 Section 3. The City Council of the City of Lynwood authorizes staff to readvertise and reevaluate the scope of work for the solicitation of bids for said project.
Section 4. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.
Section 5. This Resolution shall take full force and effect immediately upon adoption by the City Council.
Section 6. The City Clerk shall certify as to the adoption of this City Council Resolution.
(Signatures on Next Page)
City Council Regular Meeting - Page 114 of 186
3 PASSED, APPROVED and ADOPTED this 21st day of March 2023.
Oscar Flores
Mayor
ATTEST:
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Director of Public Works
City Council Regular Meeting - Page 115 of 186
4 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21st day of March 2023, and passed by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true, and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21st day of March 2023.
Maria Quinonez, City Clerk
City Council Regular Meeting - Page 116 of 186
AGENDA STAFF REPORT
DATE: March 21, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Ernie Hernandez, City Manager
PREPARED BY: Julian Lee, Director of Public Works
SUBJECT: REJECTION OF ALL BID S FOR THE IMPROVEMENT WORK AT LOS ANGELES COUNTY FIRE STATION 147.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: “ A
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF LYNWOOD , REJECTING
ALL BIDS FOR THE IMPROVEMENT S AT LOS ANGELE S COUNTY FIRE STATIO N 147”
Background:
The City consulted with Infrastructure Engineers (IE) to review the existing conditions of Los Angeles County Fire Stations 147 and 148. IE reviewed both buildings and provided a detailed list of need ed repair and replacement; I mprovements at both fire stations which included replacing apparatus bay concrete floor and installing perimeter fencing and gate for Fire Station 147, and ceiling improvements for Fire Station 148.
Discussion and Analysis:
Pursuant to S ection 6 -3.7(b)(2) of the Lynwood Municipal Code, purchases between $50,001 and $200,000 shall be by an informal bid process and must be approved by the City Council The City conducted an informal bidding process for improvements at Fire Stations 147 and 148. Three contractors were invited to visit both stations. The scope of work for both fire stations were discussed separately and separate proposals were requested from the three contractors. The following three (3) proposals were received for Fire Station 147:
City Council Regular Meeting - Page 117 of 186
. :
Proposal Proposal Amount
1. Seniors and Juniors, Inc. Fire Station 147
$183,800.00
2. Hera Construction, Inc. Fire Station 147
$216,201.30
3. M&C Construction Group, Inc. Fire Station 147
$227,220.00
Seniors and Juniors, Inc. had the lowest proposal for Fire Station 147 at $183,800.00.
Staff reviewed the contractor’s proposal and acknowledged that Seniors and Juniors Inc. had not registered with the Department of Industrial Relations (DIR) prior to submitting their proposal as require d by Law (Per Labor Code, Sec. 1771.1). Since Seniors and Juniors Inc. had not registered with DIR, Seniors and Juniors Inc. is considered noncompliant and their bid must be rejected. Since the next lowest bidder, Hera Construction, Inc’s, proposal is over $200,000, the project can not be accepted as an informal bid and the scope of work must be re -evaluated. Therefore, Staff recommends City Council reject all bids and authorize staff to reevaluate the scope of work and re-advertise the project at a future date.
Financial Impact:
The Project has an approved FY23 Budget of $337,000.00.
Coordinated With:
City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:
Resolution
City Council Regular Meeting - Page 118 of 186
Agenda Item # 13.
AGENDA STAFF REPORT
DATE:
March 7, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Peter Han, Director of Technology Services
SUBJECT:
LOCAL AGENCY TECHNICAL ASSISTANCE GRANT AWARDED BY THE
CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $444,000 AND
PARTNERING WITH HR&A ADVISORS TO SUCCESSFULLY IMPLEMENT AND
EXECUTE AWARDED FUNDS
Recommendation:
Staff recommends that the City Council receive and file.
Background:
On August 16, 2022, the City Council approved a letter of support for the Lynwood Unified School District’s (LUSD) initiative to apply for a Local Agency Technical Assistance grant (Exhibit A).
The LUSD submitted a grant application in partnership with the City of Lynwood. The California Public Utilities Commission (CPUC) has committed to helping government agencies bridge the digital divide. Senate Bill 156 has authorized joint power entities to issue revenue bonds for deployment of broadband infrastructure by a public entity or nonprofit organization.
On January 13, 2023, the CPUC approved and awarded Lynwood Unified School District and the "ONE Lynwood" project for $444,000.00 (Exhibit B). ONE Lynwood is a grant partnership that will assist in advancing the technology and network reliability in the city
. In addition, this will put Lynwood in a position to advance ourselves in bridging the digital divide in our City and District.
The funds received will be a reimbursable grant up to $444,000.00 for the development of fiber optic internet services.
Discussion and Analysis:
In order to successfully implement and execute the funds awarded, One Lynwood has partnered with HR&A Advisors. The agreement is shown in "Exhibit C". This partnership will provide One Lynwood with in-depth research studies to conclude solutions to the feasibility and governance possibilities for the broadband program.
Studies would assess infrastructure and services, forecasting of future demand, and financial modeling. In City Council Regular Meeting - Page 119 of 186
addition, HR&A will develop governance structure recommendations for potential partners including public agencies, utility providers and private sector partners.
Recommendations and research conclusions will be presented once available to the LUSD Board of Education and the City of Lynwood for advice on the next steps for a successful implementation project. Services from HR&A are to be completed over a period of 24 weeks, and payment is to be funded directly from the LATA grant.
Fiscal Impact:
There is no fiscal impact to the City.
The cost for all services provided by HR&A will be paid from LATA grant funds.
Coordinated With:
Finance
City Attorney
ATTACHMENTS:
Description
Exhibit A
Exhibit B
Exhibit C
City Council Regular Meeting - Page 120 of 186
City Council Regular Meeting - Page 121 of 186
January 26, 2023
Patrick Gittisriboongul
[email protected]
Re: ONE Lynwood
Dear Patrick Gittisriboongul:
Congratulations! The California Public Utilities Commission is pleased to inform you that the Lynwood Unified School District’s application for Local Agency Technical Assistance grant funding for the ONE Lynwood project in the amount of up to $444,000 has been approved. Your application was received during the August 2022 application window and was posted on the CPUC’s Local Agency Technical Assistance webpage. Per Resolution T-17779, the Commission has approved your award.
The award is predicated on Lynwood Unified School District’s agreement to provide technical assistance as detailed in its application. In its application, Lynwood Unified School District agreed to comply with the specified Ministerial Review criteria as well as to fulfill all requirements, guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026 including but not limited to execution and performance, payment, reporting and award acceptance requirements listed in Attachments 1 and 2 of this letter. Please sign and submit the following: 1. A Consent Form binding your organization to the terms of the grant and 2. A State of California Government Agency Tax Payer ID Form for tax reporting purposes. You must submit these documents within 30 days of the date of this letter. If you do not, this award is void.
Thank you for your application and please direct any questions to Brewster Fong ([email protected]) and/or refer to the Grantee Administrative Manual, available at https://bit.ly/CPUCLATA.
We appreciate your efforts to provide service to our fellow Californians.
Sincerely,
Robert Osborn
Director
Communications Division
City Council Regular Meeting - Page 122 of 186
2 ATTACHMENT 1
Requirements
The grant award is predicated on the applicant’s agreement to provide technical assistance as detailed in its application. In its application, Lynwood Unified School District agreed and attested to comply with the specified Ministerial Review criteria as well as fulfilling all requirements guidelines, and conditions associated with a grant of Local Agency Technical Assistance funds as specified in D.22-02-026, including but not limited to execution and performance, payment, reporting and award acceptance requirements. Key requirements of Local Agency Technical grant include, among others:
• All costs are related to the development of broadband network deployment projects to benefit unserved or underserved Californians. These projects may include, but are not limited to, the costs of joint powers authority formation, environmental studies, network design, and engineering study expenses.
• Grant may not exceed $500,000 per local agency, per fiscal year. • A signed affidavit agreeing to comply with the terms, conditions and requirements of the grant and submits to the jurisdiction of the Commission with respect to the disbursement and administration of the grant as well as applicable state and federal rules concerning broadband services. • Grantee must sign a Consent Form agreeing to the terms stated in the award letter as well as all Local Agency Technical Assistance Rules and Requirements, Guidelines and Application Materials in D.22-06-026.
• Grantee must complete the reimbursable work product within 24 months. • Grantee must provide Staff a copy of the final reimbursable work product.
Reporting
The grant award is contingent upon fulfilling the reporting requirements per D.22-06-026, Attachment 1.
SB 156 requires grantees to fulfill the monthly reporting requirements set forth in Public Utilities Code section 281(l)(1) if they are using a licensed contractor or subcontractor* to undertake a contract or subcontract in excess of twenty-five thousand dollars ($25,000). The Commission is required to post that information on its website. Specifically, SB 156 requires the following to be reported to the Commission on a monthly basis:
• The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section. • The location where a contractor or subcontractor described in subparagraph (A) will be performing that work.
• The anticipated dates when that work will be performed.
*Licensed contractor or subcontractor means any contractor that holds a California state license through the contractor’s state license board (https://www.cslb.ca.gov/).
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3 Post-completion
Upon completion of the reimbursable work product and before final payment, Grantees must:
• Provide a signed completion form stating the technical assistance work has been completed suitable to be posted on the Commission’s webpage. The signed completion form must be provided prior to final payment and must include a short summary of the reimbursable work product(s) performed under the contract, including demonstration that the reimbursable work product(s) identify broadband infrastructure deployment projects that will help achieve the CASF deployment goal, and identification of the area(s) where the applicant intends to deploy broadband based on the reimbursable work product(s).
• Provide a copy of each reimbursable work product’s final report(s), plans, studies, etc. produced under the contract.
Payment
Payment will be made directly to the local agency as the grant recipient. Local agency grantees may request partial reimbursement if they complete one or more of the approved reimbursable work products prior to completion of other reimbursable work products approved in the same grant authorization. Payment will be based upon receipt and approval of an invoice(s) submitted by the local agency showing the expenditures incurred for the reimbursable work product, along with the reimbursable work product final report/study/joint powers agreement, etc., and the completion reporting required above. The invoice(s) must be supported by documentation including but not limited to the actual cost of labor and any other expense that will be recovered by the grant.
To the extent that any portion of an award was used to reimburse a local agency for administrative costs associated with securing or completing a reimbursable work product, the local agency must submit an itemized accounting of such costs, demonstrating the total requested for reimbursement does not exceed 15 percent of the total authorized award. If any portion of reimbursement is found to be out of compliance, grantees will be responsible for refunding any disallowed amount along with appropriate interest rates determined in accordance with applicable Commission decisions. Grantees are required to maintain records such as files, invoices, and other related documentation for five years after final payment. Grantees shall make these records and invoices available to the Commission upon request and agree that these records are subject to a financial audit by the Commission at any time within five years after the final payment made to a grantee.
Execution and Performance
Lynwood Unified School District must complete the project within the 24-month timeframe in accordance with the terms of approval granted by the Commission. If the Grantee is unable to complete project within the 24-month timeframe, it must notify the Commission or Director of Communications Division as soon as it becomes aware of this prospect. The Commission may reduce or withhold payment for failure to satisfy this requirement. In the event that the Grantee or contractor fails to complete the work in accordance with the approval granted by the Commission, and as described in its application and contract, the Grantee must reimburse some or all of the funds it has received.
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4 Lynwood Unified School District must sign and submit the linked Consent Form agreeing to the terms of the award within 30 calendar days from the date of this letter. Failure to submit the Consent Form within the timeframe required, the CPUC will deem the grant or award null and void.
Lynwood Unified School District must communicate in writing to the Communications Division’s Director regarding any changes to the substantive terms and conditions underlying the Commission’s approval of the grant (such as changes to a reimbursable work product contract, work plan or budget) at least 30 days before the anticipated. Substantive changes may require approval by either the Communications Division Director or by Commission Resolution before becoming effective.
The Commission has the right to conduct any necessary audit, verification, and discovery for work proposed or completed under the technical assistance to ensure that funds are spent in accordance with Commission rules and with the terms of approval by the Commission.
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5 Attachment 2
Local Agency Broadband Technical Assistance Reporting Requirements and Guidelines
Version December 2022
The Local Agency Technical Assistance program provides grants for eligible pre-construction work which facilitates the construction of broadband network projects. When the California Public Utilities Commission (CPUC) established the technical assistance grant program, the program was funded with American Rescue Plan Act monies administered by the U.S. Treasury. The source of technical assistance funding has changed.
This guidance outlines grantee reporting.
The Commission issued Decision (D.) 22-02-026 establishing program requirements for the Local Agency Technical Assistance Grant Program.
Grantees must file quarterly progress reports to the Commission with the below information.
Narrative Project Information
1.1 The counties, cities and census designated places where households, businesses, and community anchor institutions are planned to be served by the broadband project.
1.2 Confirmation that the technical assistance is designed to support projects that, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds.
1.3 Statement of intention about the pricing plans for projects that the technical assistance will support, such as offering of affordable plan or low-income plan subsidized with other funding (ACP).
1.4 Information on broadband need in the project area.
1.5 Statement describing the community benefits of broadband technical assistance.
Detailed Project Information
2.1 Individual work products granted by the program.
o Dollars/hours expended per task/work product.
2.2 Estimated construction start date (month/year).
2.3 Estimated construction completion date (month/year).
2.4 Estimated initiation of operations date (month/year).
2.5 Planned project technology type(s):
o Fiber
o Coaxial Cable
o Terrestrial Fixed Wireless
o Other (specify)
2.6 Estimated total miles of fiber to be deployed.
2.7 Planned number of locations to be served, broken out by type:
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6 o Residential locations
o Business connections
o Community anchor institutions
2.8 Planned non-promotional prices including associated fees, speed tiers, and data allowance for each speed tier.
2.9 Other data on broadband need, by location.
Submission
To assist grantees with the filing of quarterly progress reports to the Commission, a sample of the reporting requirements is found in Attachment A of this document: https://www.cpuc.ca.gov/-/media/cpuc- website/divisions/communications-division/documents/broadband-implementation-for-california/lata- reporting-requirements-dec-22.pdf
Planned project information listed in Attachment A should be submitted on a quarterly basis to the Commission’s email at [email protected]. Grantees need to include in the email subject line:
1. Application Name
2. Project Name
3. The Reporting Quarter/Month
Updated quarterly project submissions are required to be sent by the due dates shown below. Grantees are responsible for contacting the Commission at [email protected], if the information cannot be submitted on time.
Reporting Period Project Information Due to CPUC
October 1 – December 31, 2022 January 31, 2023
January 1 – March 31, 2023 April 28, 2023
April 1 – June 30, 2023 July 31, 2023
July 1 – September 30, 2023 October 31, 2023
October 1 – December 31, 2023 January 31, 2024
January 1 – March 31, 2024 April 28, 2024
April 1 – June 30, 2024 July 31, 2024
July 1 – September 30, 2024 October 31, 2024
October 1 – December 31, 2024 January 31, 2025
January 1 – March 31, 2025 April 30, 2025
April 1 – June 30, 2025 July 31, 2025
July 1 – September 30, 2025 October 31, 2025
October 1 – December 31, 2025 January 30, 2026
January 1 – March 31, 2026 April 30, 2026
April 1 – June 30, 2026 July 31, 2026
July 1 – September 30, 2026 October 30, 2026
October 1 – December 31, 2026 January 31, 2027
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7 Additional Information
Reporting requirements and guidelines are subject to change, and CPUC or the Commission may define additional requirements on CPUC’s website.
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1 February 10, 2023
Patrick Gittisriboongul & Peter Han
Lynwood Unified School District/City of Lynwood
sent via email to [email protected], [email protected]
Dear Mr. Gittisriboongul & Mr. Han,
HR&A is pleased to submit this scope of work to support Lynwood Unified School District (Lynwood USD) and the City of Lynwood (the City) in assessing the feasibility of and potential governance models for developing a cooperatively owned internet service. The City’s recently codified agreement with SiFi Networks to deploy fiber- optic infrastructure throughout Lynwood presents an ideal opportunity for the City and Lynwood USD to ensure universal access to reliable, affordable high-speed internet services. While our analysis will not include constructability and viability of building this network, our work will provide a business model for operating on an open-access network that passes every home and business in Lynwood.
HR&A proposes to study the feasibility and governance options for Lynwood’s broadband program through a methodical process that includes:
1. Assessing infrastructure & services. Preparing a detailed analysis of the existing broadband infrastructure and services in Lynwood to understand the market and obstacles to internet access.
2. Forecasting future demand. Conducting a survey and community outreach to assess potential network anchors, take rates, and service tiers, as well as digital equity needs.
3. Detailed financial modeling. Creating a long-term pro forma to evaluate business model options and outcomes.
4. Developing governance structure recommendations. Engaging with potential partners including public agencies, utilities providers, and the private sector.
Our team brings deep experience in broadband planning to this project, including previous and ongoing engagements with multiple public agencies in Southern California such as:
• Los Angeles County Internal Services Department – Broadband Planning • Los Angeles County Department of Public Works – Digital Divide Broadband Planning • City of West Hollywood – Public-Private Fiber Broadband Network Planning Additionally, we have worked with cities, counties, and states around the US to develop strategies for expanding broadband access and promoting digital equity including:
• The City of New York
• The City of Chicago
• The State of California’s Department of Technology
• The State of Rhode Island
• Miami-Dade County
We will employ our proven broadband planning methodology to provide you with critical information that City and USD leadership will need to determine how to move forward with implementing a broadband program.
Our team is prepared to hit the ground running upon approval of the City’s budget for this project. We are City Council Regular Meeting - Page 129 of 186
2 excited to work with you and your team to expand access to broadband and advance digital equity throughout Lynwood.
SCOPE OF WORK
Task 1 Project Kickoff
Goal Align on project objectives and workplan
HR&A will facilitate a virtual kickoff meeting with the City and Lynwood USD to define project objectives and set expectations for the project workplan. During the meeting we will:
• Confirm objectives, workplan, deliverables, and timeline for each phase of work; • Receive a briefing on any broadband work to date, including contract with SiFi, history, project vision and goals;
• Confirm a process for regular team check-ins and discuss timing for a site visit.
HR&A will share an agenda ahead of the workshop to guide the discussion and follow the session with a data request.
Deliverable Project kickoff agenda and data request
Timing Week 1
Task 2 Broadband Infrastructure & Market Analysis
Goal Present a holistic understanding of existing broadband infrastructure and services in Lynwood HR&A will compile quantitative and qualitative data to present a holistic analysis of existing broadband infrastructure and service offerings within Lynwood. Data will include:
• all existing commercial and residential ISPs and their current service offerings; • available middle- and last-mile deployment infrastructure including open access dark- and lit-fiber, available cell towers, small cells, data centers, or fiber Points of Presence; • city-owned assets such as conduit, streetlights, and utility poles that may be relevant to a future broadband network.
This information will be compiled into a memo detailing the current state of broadband in Lynwood and identifying gaps in service, affordability, or infrastructure that should be considered in development of a municipal broadband program.
Additionally, a critical piece of this analysis will be an assessment of SiFi’s proposed fiber build including detailed information such as locations of new fiber deployment and proposed strand count. Ideally, this information should be obtained from SiFi in GIS format that will then be analyzed by HR&A’s team to understand number of households and businesses passed, a key input for business planning and financial modeling. Our team will work with the City to obtain this information from SiFi.
Deliverable Broadband infrastructure & market analysis memo Timing Weeks 2 - 9
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3 Task 3 Community Engagement & Outreach
Goal Assess current and future broadband needs and demand in Lynwood HR&A will design a survey of residents and businesses for the City and Lynwood USD to administer. The survey will assess current conditions, as they are experienced by community members, in access to broadband and quality of internet service—as well as access to devices, and software, digital skills, and technology utilization. It will also include questions designed to collect information about potential future demand, pricing, and willingness to switch to a new service offering. HR&A would provide the survey instrument, and the City and Lynwood USD would work to solicit responses throughout a four-week time period.
In addition to the survey, HR&A will assist the City and Lynwood USD with hosting a series of three (3) in-person community workshops to obtain qualitative data about the broadband needs of the community. In addition to collecting information about barriers to broadband access, these workshops will also be designed to learn about other key digital equity issues in Lynwood including access to devices, digital education, and affordability of services. Invitations to the workshops should be widely publicized by the City and Lynwood USD, with special attention to Lynwood’s most vulnerable populations. HR&A will design the content and lead the workshops, as well as advising the City and Lynwood USD on best practices for promoting them and achieving high levels of attendance.
At the conclusion of the workshops and survey, HR&A will summarize current and future broadband and digital equity needs and demand in Lynwood in a memo which will serve as the basis for development of the guiding principles of any City- and USD-sponsored broadband program.
Deliverable Community workshop presentation, survey instrument, and memo summarizing survey and workshop findings and enumerating key needs of the Lynwood community Timing W eeks 2 - 9
Task 4 Market Sounding
Goal Identify potential network users and anchors and their requirements The BEP team will perform outreach to parties that may have an interest in the use of the network in order to understand use cases and impacts to the business model. We will engage with potential network anchors such as healthcare institutions and other large users to capture information about their interest in subscribing to service. We will also perform outreach to identify the landscape of potential service providers and infrastructure partners to gauge their interest in the use of network assets. Our team will support Lynwood in conducting five to ten interviews with identified anchors and providers to gain insights into technical specifications, deal terms, or other implementation considerations that should be integrated into the business modeling. Following completion, BEP will deliver a summary memo of key findings that will be integrated into the financial and business model.
Deliverable Interview guide template and memo summarizing of key findings Timing Week 10-14
Task 5 Financial & Business Modeling
Goal Determine business model approach and conduct financial analysis There are a variety of business models that the City and Lynwood USD could deploy to meet the needs of the community – each with their pros and cons. HR&A understands that the City and Lynwood USD are primarily City Council Regular Meeting - Page 131 of 186
4 interested in exploring a co-op model in which all customers have access to and stake in a municipal broadband service offering in Lynwood. Our team will provide recommendations around this business model and other similar options based on the needs of Lynwood’s residents and businesses, providing insight about the pros and cons of each option and how other similarly positioned public agencies have structured their programs.
Our analysis will assume the existence of an open-access network in Lynwood, as proposed by Si-Fi. Our analysis will not evaluate the constructability of the network; rather, we will focus on the business model for providing services to residents and businesses throughout the City on such a network.
To assess the long-term sustainability of the selected business model, HR&A will develop a financial model to demonstrate potential revenues, return on investment/break-even period, sensitivity analysis, and other key metrics. The market survey and community outreach will inform the inputs including demand at varying price points, internet adoption at varying income levels, and other key considerations.
We will facilitate a workshop to review the financial models with the City and Lynwood USD’s team, presenting expected outcomes and potential next steps.
Deliverable Financial & Business Modeling workshop presentation Timing Week 12-17
Task 6 Governance Recommendations
Goal Identify appropriate governance model and potential partners Based upon the selected business model and potential partners, we will develop strategic recommendations around governance for the City to consider undertaking, which will include steps the City and Lynwood schools should take to develop public-public and public-private partnerships that will support the program. In addition, HR&A will landscape the project’s relevant stakeholders and conduct a workshop to discuss how best to inform and leverage political leadership including developing talking points, aligning roles and responsibilities, and identifying a project champion.
HR&A will also facilitate a discussion of how the City and Lynwood schools, along with other program partners, could consider attracting additional partners who have an interest in operating or otherwise making use of the network to provide services to the community. Our recommended governance model will be mindful of City government powers and capacities, connectivity market dynamics, and opportunities for economic and community development through connectivity initiatives – including job generation, as well as the existing and emerging funding landscape at the State and Federal levels. These considerations are essential to ensure that Lynwood’s broadband plan is comprehensive in scope across the dimensions of access, affordability, and adoption, and is designed to produce meaningful impact quickly.
Deliverables Governance recommendations memo and workshop Timing Weeks 17 – 20
Task 7 Final Broadband Feasibility Study
Goal Prepare final feasibility study document
At the conclusion of each preceding task, HR&A will prepare a final Broadband Feasibility Study containing detailed findings and recommendations for Lynwood’s broadband program. The final report will include:
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5 • An executive summary containing key findings and recommended next steps • Memos, maps, financial models, and other deliverables from each task • Detailed final recommendations
We will also be available for up to three (3) presentation sessions to present the final study to leadership and will be responsible for developing presentation materials for these sessions.
Deliverable Final Broadband Feasibility Study
Timing Weeks 20 - 24
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6 BUDGET & TIMELINE
We propose to complete the above scope of services for a fixed-fee of $256,000 to be completed, over a period of 24 weeks, depending on the amount of iteration necessary and the responsiveness of the client team, external partners, and other required team members. Invoices will be submitted upon completion of draft deliverables; however, our team will execute one round of revisions following receipt of consolidated client feedback. We request an initial retainer of $25,000 to commence the work; the retainer will be applied to the final invoice. The cost for each task is shown below. Throughout the project, we plan to meet biweekly with the core client team to discuss ongoing project progress and tee-up decision points.
Task Fee
Task 1 Project Kickoff $7,000
Task 2 Broadband Infrastructure & Market Analysis $34,000 Task 3 Community Engagement & Outreach $48,000
Task 4 Market Sounding $27,000
Task 5 Financial & Business Planning $50,000
Task 6 Governance Recommendations $44,000
Task 7 Final Broadband Feasibility Study $40,000
Total Fee $250,000
Additional Allowable Costs (data + travel) $6,000
Total Fee & Additional Allowable Costs $256,000
Sincerely,
Danny Fuchs,
Managing Partner
HR&A Advisors, Inc.
ACCEPTED FOR LYNWOOD UNIFIED SCHOOL DISTRICT
By:
(signature)
Name:
Title:
Date:
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Agenda Item # 14.
AGENDA STAFF REPORT
DATE:
March 7, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Legislative Advocacy Group
SUBJECT:
RESOLUTION IN OPPOSITION OF INITIATIVE 21-0042A1; LETTER OF PROTEST
FOR FAILED EXIDE CLEAN-UP EFFORTS
Recommendation:
Staff recommends that the City Council do the following:
1 .
Review and approve a "Resolution
to Oppose Initiative 21-0042A1” and execute the attached letter informing the League of California Cities that the City of Lynwood joins its effort to defeat this proposition. 2 .
Execute a letter
to Department of Toxic Substances Control protesting the failed efforts to clean up the contamination caused by Exide.
Background:
Resolution to Oppose Initiative 21-0042A1
On Feb. 1, 2023, the
“Taxpayer Protection and Government Accountability Act,” or AG# 21-0042A1, qualified for the November 2024 ballot. This anti-local control measure will decimate vital local and state services to the benefit of wealthy corporations. The measure is sponsored by the California Business Roundtable (CBRT) — the lobbying arm of the largest and wealthiest corporations in California.
The initiative
limits voters’ authority, it adopts new and stricter rules for raising taxes and fees and may make it more difficult to hold violators of state and local laws accountable. Following is a summary of the negative impacts to cities should voters approve it:
Effective date
All new
or increased taxes or fees adopted by the Legislature, a city council, or the local voters after Jan. 1, 2022, must comply with the Act’s new rules.
State taxes
All new or increased state taxes will require majority voter approval.
Local taxes
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New requirements for voter approval:
when an
existing tax is applied to a newly annexed territory.
when an
existing tax is applied to a new service or product, for example when a utility user tax is applied to a new service.
All new
or increased taxes adopted after Jan. 1, 2022, must include a sunset date.
Fees and charges
Requires that charges for access, use and rental of government property be “reasonable” such as fees charged for use of government facilities and public works infrastructure to oil companies, utilities, gas companies, cable companies, and other corporations.
Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
State and cities have burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed the “actual cost.” No fee or charge or exaction regulating vehicle miles traveled can be imposed on new development.
Fines and
penalties [administrative enforcement of state law and municipal codes] May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.
Voters
Local
advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would express the voters' preference for how the tax revenue should be used.
Overturns Upland decision so taxes proposed by initiative are subject to the same rules as taxes placed on the ballot by a city council.
Voters may not amend a city charter to impose, extend, or increase a tax or fee.
Fiscal
Puts approximately $2 billion from fees and charges at risk each year,subject to legal peril.
Puts approximately $2 billion of annual tax revenue at risk. Many tax measures approved between 2022- 2024 will need to be resubmitted to voters to comply and be reapproved.
This
initiative is strongly opposed by the League of California Cities, along with a broad coalition of local governments, labor, public safety, education, and infrastructure advocates.
EXIDE
Exide was originally a
brand
name for batteries produced by The Electric Storage Battery Company and later became Exide Corporation doing business as Exide Technologies, an American multinational
lead-acid
batteries
manufacturing company.
In 2013,
Exide was under federal criminal investigation for emitting high levels of harmful pollutants from its battery recycling plant in
Vernon, California
. Hundreds of residents had complained for years about Exide's toxic emissions before state and federal agencies acted.
In 2017,
the Department of Toxic Substances Control began to implement plans to remove lead-contaminated soil from 2,500 residential properties near the closed Exide lead-acid battery plant in Vernon. California state regulators estimate that Exide's operations may have threatened the health of an estimated 100,000 people and 10,000 residential properties located in Southeast Los Angeles County. It is believed to be the largest environmental cleanup effort of its kind in California history.
A total of $192 million was authorized by the state for the massive cleanup effort. This month, the Los Angeles Times published an investigation showing that numerous properties that had been remediated at great cost to state taxpayers were left with concentrations of lead in their yards in excess of state health standards. (See Attachments.)
https://www.latimes.com/california/story/2023-02-10/exide-lead-cleanup-leaves-fear-and-frustration- City Council Regular Meeting - Page 136 of 186
in-its-wake
Discussion and Analysis:
The City
of Lynwood has retained the services of Legislative Action Group (LAG) to advocate on its behalf before the California legislature. LAG is recommending that the City of Lynwood approve the attached resolution opposing Initiative 21-0042A1, formally titled the “Taxpayer Protection and Government Accountability Act”, that has been approved for the November 2024 statewide ballot.
LAG
is also recommending that the Mayor send a letter to the Department of Toxic Substances Control protesting the failed efforts to clean up the contamination caused by Exide.
Fiscal Impact:
The action
recommended does not have a fiscal impact on the City.
Coordinated With:
ATTACHMENTS:
Description
Ltr Opposition Initiative Ballot 20024
LA Times Article Exide 02.10.23
Resolution - Lynwood Opposition to CBRT Initiative
City Council Regular Meeting - Page 137 of 186
March 7, 2023
Bismarck Obando
Director of Public Affairs, Cal Cities 1400 K Street, Suite 400 Sacramento, CA 95814
RE: Letter of Opposition for Initiative 21-0042A1, Taxpayer Protection and Government Accountability Act
Dear Mr. Obando,
The City of Lynwood strongly opposes Initiative 21-0042A1, formally titled the “Taxpayer Protection and Government Accountability Act”, that has been approved for the November 2024 statewide ballot.
For the following reasons, we find it to be a deceptive, corporate-sponsored proposition that would significantly jeopardize cities' ability to provide essential services and infrastructure for its residents.
First, this measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure, our environment, water quality, air quality, and natural resources.
Secondly, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure. The measure would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent.
Furthermore, this measure also makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our neighborhoods, our environment, public health, and safety.
Unless defeated, the measure puts billions of dollars currently dedicated to state and local services at-risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. In short, the measure benefits wealthy corporations while decimating our communities.
Please list the City of Lynwood in formal opposition to Initiative 21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.
Sincerely,
Oscar Flores,
Mayor, City of Lynwood
cc. Senator Lena Gonzalez
Speaker Anthony Rendon
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RESOLUTION NO. 2023-XX
Resolution to Oppose Initiative 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations and developers has spent millions of dollars to push a deceptive proposition for the November 2024 statewide ballot; and
WHEREAS, the measure, Initiative 21-0042A1, deceptively titled the “Taxpayer Protection and Government Accountability Act”, includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and THEREFORE, BE IT RESOLVED that Lynwood, CA opposes Initiative 21-0042A1; BE IT FURTHER RESOLVED, that Lynwood, CA will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF MARCH 2023.
_________________________
Oscar Flores
Mayor
City Council Regular Meeting - Page 171 of 186
ATTEST:
_______________________ __________________________
Maria Quiñonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM:
________________________
Noel Tapia,
City Attorney
I, Maria Quiñonez, City Clerk of the City of Lynwood, hereby CERTIFY that the City Council Resolution No._________ was adopted by the Lynwood City Council at a regular meeting of the City Council held on _____________ and was approved and passed by the following vote.
Ayes
Noes
Absent
Abstain
___________________________
Maria Quiñonez
City Clerk
City Council Regular Meeting - Page 172 of 186
Agenda Item # 15.
AGENDA STAFF REPORT
DATE:
March 7, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Peter Han,
Director of Technology Services
SUBJECT:
CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LYNWOOD AND THE COUNTY OF LOS ANGELES FOR COORDINATION
OF DIGITAL CONNECTIVITY INVESTMENTS
Recommendation:
It is recommended that the City Council (i) approve a Memorandum of Understanding (MOU) (Attachment “A”) between the City and the County of Los Angeles to support broadband connectivity and address the digital divide in the form finalized by the City Manager and City Attorney; and (ii) authorize the City Manager and City Attorney to make non-substantive changes and execute all related documents.
Background:
On January 18, 2023, City staff met with Selwyn Hollins and Eric Sasaki from the County of Los Angeles Internal Services Department. The purpose of the meeting was to discuss opportunities available to assist low-income families in the South East Los Angeles (SELA) region obtain high-speed internet access to bridge the digital divide by using grant funding that the Federal Government and the State of California committed resources to.
They proposed the City consider a memorandum of understanding to partner with the County of Los Angeles that would aid in providing services to disadvantaged residents. The City's commitment would be to allow use of City owned resources to build out a wireless or wired network to help bridge the digital divide.
The digital divide, or the gap between those that have opportunities to access and benefit from the internet and those that do not, has been brought to the forefront during the COVID-19 pandemic. In response to the COVID-19 pandemic, the public and private sectors have prioritized digitizing and providing their services online, requiring residents to have basic internet connectivity to access these services. In 2020, 10% of Californians reported not having a desktop, laptop, or other computing device at home. Access was especially limited among low-income (23%), less-educated (16%), Black (15%), and Latino (15%) households. Notably, 5% of households with school- age children did not have home access to a device. The Los Angeles Region is struggling with the Digital Divide which has been exacerbated during COVID-19 as workplaces and schools have shut down and forced people to work from home. Families that do not have broadband access and/or computers at home are at a severe disadvantage. This impacts their ability to use supportive Los Angeles County digital services which can possibly lead to other social-economic issues like homelessness. The Federal Government and the State of California City Council Regular Meeting - Page 173 of 186
have demonstrated their commitment to bridging the digital divide by providing competitive grants to fund broadband internet access, affordability, and adoption. The term broadband commonly refers to high-speed internet access that is always on and faster than traditional dial-up access. On September 13, 2022, the Los Angeles County Board of Supervisors approved several key items to advance digital equity within Los Angeles County, including establishing an intergovernmental Broadband Committee, allocating $56 million of ARPA (American Rescue Plan Act of 2021) funding for Community Broadband Network Demonstration Projects, and establishing MOU’s (Memorandum of Understandings) with broadband service providers through a competitive procurement process. A Memorandum of Understanding (MOU) is required of Los Angles County Departments when an application for funds includes an explicit non-financial collaboration with partnering organizations such as broadband service providers. The MOU provides documentation that demonstrates the organizations have consulted and coordinated the responsibilities of their grant activities. The Los Angeles County Internal Services Department (Los Angeles County ISD) identified the City of Lynwood to be within one of the digital divide areas by examining low to moderate-income households without internet connectivity and, in response, has invited the City to be a partner agency.
Discussion and Analysis:
The COVID-19 pandemic has changed daily routines for many and especially affected the way in which students learn through online education. Despite the flexibility in online learning and telecommuting, approximately 365,000 households in Los Angeles County are estimated to lack broadband internet service. This disproportionately impacts lower-income communities as well as populations that are predominantly Black and Latino/a from accessing high-speed internet service and connecting to critical information. Several government initiatives are underway to address this crisis, yet digital inequities persist in rural and urban areas. The County of Los Angeles Board of Supervisors has directed the County ISD to assess viable options to facilitate residential access to reliable broadband service in low-income communities where more than 20% of the households lack internet service, based on data from the United States Census Bureau’s American Community Survey. As part of the County ISD’s assessment of the digital divide, the City of Lynwood has been identified within the Supervisorial District 4 Target Area as a prime candidate for increasing broadband connectivity. Compared to other areas of Los Angeles County, Lynwood has a high number of low and middle-income residents and a high percentage of households who lack internet connectivity. These criteria make Lynwood ideal for a partnership with Los Angeles County to improve internet connectivity. Under this proposed MOU, collaboration with Los Angeles County on expanding broadband connectivity will include the following joint efforts:
Build a shared organizational framework that can be used to develop a comprehensive regional strategy.
Share non-personally identifiable data that can help inform this effort and related strategies.
Identify, assess, and share information on each party’s assets and operations that may be considered for hosting or otherwise supporting new infrastructure.
Identify and share projected costs and funding sources for planned investments and for projects under consideration.
Share timelines and locations for potential and planned investments.
Explore grant opportunities to jointly pursue.
Based on the findings of potential assets in Lynwood, the City may support broadband technologies through the use of existing infrastructure, such as buildings, utility poles, or existing underground lines to expand fiber optics, wireless broadband, or other technologies as appropriate. The County ISD plans to make use of Internet Service Providers who have been selected through a competitive Request for Qualifications (RFQ) process in each partner community. As a requirement, respondents to the RFQ must be able to deliver high-speed, high-quality broadband internet service to each residence using wireless technology, fiber, or a combination of both. Once the MOU is executed, the County ISD will work to include Lynwood as a partner to help close the digital divide and work with City staff to assess the next steps in expanding broadband technology throughout Lynwood.
Fiscal Impact:
There is no fiscal impact associated with adopting the proposed Memorandum of Understanding.
Coordinated With:
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Finance
City Attorney
ATTACHMENTS:
Description
Attachment A
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE
COUNTY OF LOS ANGELES FOR COORDINATION OF DIGITAL CONNECTIVITY
INVESTMENTS
THIS MEMORANDUM OF UNDERSTANDING ("MOU"), is made and entered into this 8th day of February, 2023, by and between the CITY OF LYNWOOD, a municipal corporation acting by and through its City Manager’s Office (“CITY”), and the COUNTY OF LOS ANGELES, acting by and through its Internal Services Department ("COUNTY" or “ISD”), (individually as "Party", or collectively as "Parties").
RECITALS
WHEREAS, ISD is authorized pursuant to Section 23005 of the Government Code and by the November 16, 2021 motion of the County Board of Supervisors (Agenda Item #19, Investments to Accelerate Digital Equity) to enter into an MOU to partner with agencies to coordinate efforts for digital equity and connectivity; and
WHEREAS, the digital divide – the gap between those that have opportunities to access and benefit from the internet and those that do not – has been brought to the forefront by the disparities in the underserved communities negatively impacted by the COVID-19 pandemic; and
WHEREAS, in response to the COVID-19 pandemic, both the public and private sectors have prioritized digitizing and providing their services online, which requires residents to have basic internet connectivity to access these services; and
WHEREAS, the Federal Government and the State of California have demonstrated their commitment to bridge the digital divide by providing competitive grants to fund broadband internet access, affordability and adoption; and
WHEREAS, eligibility for grant funding requires local agencies to coordinate and collaborate to leverage the competitive advantages of each agency, including existing capital assets, authorities, and services, to build toward a coherent and interoperable regional strategy; and
WHEREAS, the Parties desire to collaborate and commit resources towards digital equity to ensure residents and businesses have access to high-speed internet; and
NOW THEREFORE, in consideration of the mutual benefits contained herein, and for good and valuable consideration, the Parties agree as follows:
1. PURPOSE
The purpose of this MOU is to reduce duplication of efforts by establishing a partnership to plan for coordinated investments that would deploy each Parties' competitive advantages (including City Council Regular Meeting - Page 176 of 186
assets and operations) to effectively, efficiently, and equitably bring new wide range public connectivity infrastructure to communities and build a comprehensive regional strategy.
The partnership is intended to encourage coordination and collaboration in regard to both community-based connectivity projects (such as wireless and/or fiber-optic technology that provides last-mile access within a particular geographic area) as well as the buildout of regionally-supportive backbone infrastructure such as open-access public fiber-optic networks.
2. TERM
This MOU will be effective from the date of authorized signature by the Parties through February 8, 2025, unless terminated earlier by any Party as set forth in this MOU.
3. AMENDMENT
An amendments to this MOU must be made by mutual written consent of the Parties. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties.
4. TERMINATION
This MOU may be terminated by either Party with twelve (12) days written notice.
5. ROLES AND RESPONSIBILITIES
Parties agree to work collaboratively to coordinate each party’s digital connectivity investments to maximize public impact and to secure additional funding in this vital area.
Furthermore, Parties agree to:
● Build a shared framework that can be used to develop a comprehensive regional strategy.
● Advocate for a coordinated digital connectivity strategy. ● Share non-personally-identifiable data that can help inform this effort and related strategies.
● Identify, assess, and share information on each party’s assets and operations that may be considered for hosting or otherwise supporting new infrastructure. ● Identify and share projected costs and funding sources for planned investments and for projects under consideration.
● Share timelines and locations for potential and planned investments. ● Explore grant opportunities to jointly pursue.
While the intent is to collaborate to the greatest extent possible, the Parties are free and able to use any shared information as each Party sees fit for their respective purposes around digital connectivity. Information being shared, or withheld, imposes no other duty on the Parties, City Council Regular Meeting - Page 177 of 186
outside of information sharing, and no duty to work collaboratively on future projects without entering into a separate agreement or an amendment to this MOU.
6. REPORTING
Each Party is responsible for the collection, collation, and submission of required reporting under its own jurisdiction. When mutually agreed, the Parties will share information on areas of mutual interest or in relation to jointly pursued grants.
7. CONFIDENTIALITY
Parties shall maintain the confidentiality of all records and information in accordance with all applicable federal, State, and local laws, rules, regulations, ordinances, directives, guidelines, and policies and procedures relating to confidentiality.
8. PUBLIC RECORDS ACT
Parties understand and agree that any documents shared with the other Party for purposes of this MOU, become a matter of public record and will be regarded as public records. Exceptions will be those elements in the California Government Code Section 6250 et seq., (Public Records Act or PRA) and which are marked “trade secret”, “confidential”, or “proprietary”. Parties will not in any way be liable or responsible to the other Party for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.
9. INDEMNIFICATION
Pursuant to the provisions of sections 895.4 et seq. of the California Government Code, each Party agrees to indemnify and hold the other harmless from all loss or liability for injury or damage, actual or alleged, to person or property arising out of or resulting from the indemnifying Party's acts or omissions in the performance of this MOU. In the event of third-party loss caused by the negligence, wrongful act or omission of more than one Party, each Party hereto shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed between them or judicially determined. The provisions of California Civil Code section 2778 regarding interpretation of indemnity agreements are hereby incorporated into this agreement.
10. CONFLICT OF INTEREST
Each Party shall comply with all federal, State, and local conflict of interest laws and policies applicable to the particular Party now in effect or hereafter to be enacted during the term of this MOU. Each Party warrants that it is not now aware of any facts that create a conflict of interest.
If the Party hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to the other Parties. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph shall be a material breach of this MOU.
11. COMPLIANCE WITH APPLICABLE LAW
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In the performance of this MOU, Parties must comply with all applicable federal, State, and local laws, rules, regulations, ordinances, directives, guidelines, policies and procedures, and all provisions required thereby to be included in this MOU are hereby incorporated herein by reference.
12. NON-EXCLUSIVITY
Nothing herein is intended nor shall be construed as creating any exclusive arrangement between the Parties. This MOU shall not restrict the Parties from entering into similar or equal MOUs with other entities or agencies.
13. GOVERNING LAW, JURISDICTION AND VENUE
This MOU will be governed by, and construed in accordance with, the laws of the State of California. Parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU and further agrees and consents that venue of any action brought hereunder shall be exclusively in Los Angeles County.
14. ENTIRE AGREEMENT
This MOU constitutes the entire understanding and agreement of the Parties. Neither verbal agreement nor conversation with any officer or employee of either Party shall affect or modify any of the terms and conditions of this MOU.
15. NOTICES
All notices and approvals must be in writing and directed to the following representative of the Parties:
City of Lynwood:
City of Lynwood
Attn: Ernie Hernandez
11330 Bullis Road
Lynwood, CA 90262
Email: [email protected]
County:
County of Los Angeles, Internal Services Department (ISD) Attn: Selwyn Hollins
1100 N. Eastern Ave.
Los Angeles, CA 90063
Email: [email protected]
16. COUNTERPART AND ELECTRONIC SIGNATURE
The MOU may be executed by the Parties in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same MOU. Parties agree to consider facsimile and electronic/digital versions of the original signature of authorized personnel of each party to have the same force and effect as original signatures, email or electronic signature of the Parties shall be deemed to constitute original legally binding City Council Regular Meeting - Page 179 of 186
signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
[Remainder of page left blank intentionally.]
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IN WITNESS WHEREOF, this Memorandum of Understanding is executed by the Parties hereto, by their duly authorized respective officers as follows:
COUNTY OF LOS ANGELES
By: ______________________________
Selwyn Hollins
Director, Internal Services Department
Date: _____________________________
APPROVED AS TO FORM:
DAWYN R. HARRISON
INTERIM COUNTY COUNSEL
By: _______________________________
Patrice Salseda
Principal Deputy County Counsel
Date: _____________________________
CITY OF LYNWOOD
By: ______________________________
Ernie Hernandez
City Manager
Date: _____________________________
ATTEST:
By: _______________________________
Maria Quiñonez
City Clerk
Date: _____________________________
APPROVED AS TO FORM:
By: _______________________________
Noel Tapia
City Attorney
Date: _____________________________
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Agenda Item # 16.
AGENDA STAFF REPORT
DATE:
March 7, 2023
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Ernie Hernandez, City Manager
PREPARED BY:
Julian Lee, Director of Public Works
SUBJECT:
CITYWIDE MONUMENT DESIGN SELECTION
Recommendation:
Staff recommends that the City Council review and select from proposed entry/exit monument designs and adopt the attached resolution entitled: “CITYWIDE MONUMENT DESIGN SELECTION.”
Background:
As part of the City of Lynwood’s beautification efforts, city staff issued a request for qualifications (RFQ) from three
(3)
Southern California design companies with city monument design experience. Two of the three firms responded with their hourly rates and sample design experience. On October 26, 2022, city entered into an agreement with Hunt Design to provide design and planning services for citywide monument identification signs.
As discussed by the CIP adhoc committee on January 31, 2023, the City of Lynwood is seeking approval for design and locations of primary, secondary, and tertiary city monuments to be displayed throughout high traffic entrances of the City.
Discussion and Analysis:
The scope of services includes Evaluation and Concept Design which incorporates a review of existing sign locations; recommended locations for new “Primary, Secondary, and Tertiary Monuments” signs; photo surveying of numerous locations throughout the city; creating branding elements specific to the city’s history, culture, arts and commerce; and creating monument concepts for the city council’s consideration.
Each of the concept designs to be presented will display branding elements specific to the City of Lynwood, its history and culture.
Location options for the new monument signs include:
Long Beach Blvd at the 105 WB Offramp
Long Beach Blvd at the 105 EB Offramp
Long Beach Blvd at Orchard Ave
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Atlantic Ave at McMillan St
Atlantic Ave at Abbott Rd
Long Beach Blvd at Tweedy Blvd
Imperial Hwy at State St
Imperial Hwy at Atlantic Ave
Imperial Hwy at Wright Rd
Upon approval of this phase, the second phase of the process will include preparing sign specifications and bid documents. These documents will be used in the Request for Bids (RFB) to construct the monuments and signs, Then, the third phase will include City Council authorization to award bid for construction and construction management services.
Fiscal Impact:
The fiscal impact for phase 1 of this project is $17, 500 and the total cost of the project has an approved FY23 Budget of
$310,200
.
Coordinated With:
City Manager’s Office
Finance and Administration Services
ATTACHMENTS:
Description
Resolution- Monument Designs
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1 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
CITYWIDE MONUMENT DESIGN SELECTION
WHEREAS, On October 26, 2022 , the city entered an agreement with Hunt Design and began the Evaluation and Concept Design for the citywide Monuments.; and
WHEREAS, the scope of work incorporates a review of existing sign locations, recommended locations for new “Primary, Secondary, and Tertiary Monuments” signs .; and
WHEREAS, the city council members will select a concept design to move forward with the city rebranding process; and
WHEREAS, the city council members will select location options to move forward with the city rebranding process; and
WHEREAS, the total project cost for task 1 in the city rebranding process including design and planning services for the citywide monument identification signs is $17,500.00; and
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 authorizes the City Manager under LMC 6-3.15(d) to exceed the specific dollar amounts or percentage limitations under LMC 6-3.15(a) and authorizes the City Manager to approve consultant, vendor agreements, modifications, change orders or agreement amendments related to the Project up to the available Project Budget.
Section 2. This resolution shall take effect immediately upon its adoption.
Section 3. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
(Signatures on Next Page)
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2 PASSED, APPROVED and ADOPTED this 7th day of March 2023.
Oscar Flores
Mayor
ATTEST:
Maria Quinonez Ernie Hernandez
City Clerk City Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Noel Tapia Julian Lee
City Attorney Director of Public Works
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3 STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 7th day of March 2023, 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 7th day of March 2023.
Maria Quinonez, City Clerk
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