Agenda, first session — Lynwood City Council, July 2, 2024

1. CALL TO ORDER

2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK

3. ROLL CALL OF COUNCIL MEMBERS

4. PLEDGE OF ALLEGIANCE

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

Procedures for Addressing the Council

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

ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO
[email protected] OR FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A

FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL.

AGENDA
City Council Regular Meeting

TO BE HELD ON
July
2, 2024
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 Duly Posted on 6/29/24 By MQ
6:00 PM

Jose Luis Solache, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Oscar Flores, Council Member
Juan Munoz- Guevara, Council Member
City Council Regular Meeting 1

6. PRESENTATIONS/PROCLAMATIONS

7. ORDINANCES

7.1 SECOND READING OF ORDINANCE NO.___

ADDING SECTION 4-38 “SERVICE
PROVIDER WORKER RETENTION” TO CHAPTER 4 “LICENSING AND BUSINESS REGULATIONS” OF THE LYNWOOD MUNICIPAL CODE
Update on Law Enforcement Issues
City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3 (D)).

City Video(s)
Parks Make Life Better Month Proclamation

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).)

Comments:

The proposed Service Provider Worker Retention Ordinance would require that certain existing service providers provide the City and any successor service provider with the contact information of any displaced worker due to a change in the ownership of the existing service provider, or a change in the company providing such services. It would require that the successor service provider offer any displaced workers employment a 90 day “transition” period, at which point the successor service provider can evaluate the displaced worker for consideration of continued employment. (CA) Recommendation:

Introduce for a second reading, read by title only, and waive further reading of the attached Ordinance No. ___, entitled “AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING SECTION 4-38 “SERVICE PROVIDER WORKER RETENTION” TO CHAPTER 4 “LICENSING AND BUSINESS REGULATIONS” OF THE LYNWOOD MUNICIPAL CODE”.

City Council Regular Meeting 2

8. CONSENT CALENDAR

8.1 APPROVAL OF THE WARRANT REGISTER

8.2 PROJECT ACCEPTANCE FOR HSIP CYCLE 5 - MARTIN LUTHER KING JUNIOR

BOULEVARD FROM ALVADA STREET TO BENWELL DRIVE IMPROVEMENT PROJECT, PROJECT NO. 4011.68.035, FEDERAL PROJECT ID: HSIPL-5250(032)

8.3 PROJECT ACCEPTANCE FOR THE ANNUAL STREET NAME SIGN REPLACEMENT FY 2024 PROJECT. CIP NO. 4011.68.137

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.

Comments:

City of Lynwood warrant register dated July 02, 2024 for FY 2023-2024. (FIN) Recommendation:

Staff respectfully recommends that the City council of the City of Lynwood approve the warrant register dated July 02, 2024 for FY 2023-2024

Comments:

The City of Lynwood awarded a construction contract to International Line Builders, Inc.

DBA ILB Electric on March 1, 2022, for the HSIP Cycle 5 - Martin Luther King Junior Boulevard from Alvada Street to Benwell Drive Improvement Project, Project No. 4011.68.35, Federal Project ID HSIPL-5250 (032). The project has been completed and is now ready to be accepted by City Council. (PW)
Recommendation:

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

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.”

Comments:

The City of Lynwood awarded a construction contract to California Street Lighting on City Council Regular Meeting 3

8.4 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HDL

FOR BUSINESS LICENSE ADMINISTRATIVE SERVICES

8.5 APPROVAL OF A THIRD AMENDMENT TO THE AGREEMENT WITH TIERRA WEST ADVISORS, INC. TO PROVIDE CONTINUED ADVISORY AND IMPLEMENTATION

SERVICES AND ONGOING PROJECT MANAGEMENT FOR DTSC-ECRG ROUND TWO (2) GRANT
February 20, 2024 for the
Annual Street Name Sign Replacement FY 2024 Project
. The
work has been completed and is now ready to be accepted by City Council. (PW) Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE ANNUAL STREET NAME SIGN REPLACEMENT FY 2024 PROJECT CIP NO. 4011.68.137 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.”

Comments:

SECOND AMENDMENT TO PROFESSIONAL SERVICES AFREEMENT WITH Hdl

COMPANIES FOR AN ONLINE REVENUE AND FEE ADMINISTRATION SERVICE

SOLUTION, AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $26,600.00 FOR THE FIRST YEAR. (CD)
Recommendation:

APPROVE SECOND AMENDMENT TO PROFESSIONAL SERVICES AFREEMENT WITH Hdl COMPANIES FOR AN ONLINE REVENUE AND FEE ADMINISTRATION

SERVICE SOLUTION, AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $26,600.00 FOR THE FIRST YEAR.

Comments:

Staff recommends that the City Council consider authorizing a Third Amendment to the Agreement with Tierra West Advisors, Inc. to provide continued advisory and implementation services and ongoing project management for the DTSC-ECRG Round 2 Grant. (CD)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF

LOS ANGELES, STATE OF CALIFORNIA AUTHORIZING THE CITY MANAGER TO City Council Regular Meeting 4

8.6 PROJECT ACCEPTANCE FOR THE FERNWOOD AVENUE PARK CIP PROJECT NO:
4011.68.037

8.7 PROJECT ACCEPTANCE FOR THE PARKING LOT PAVEMENT IMPROVEMENT WORK AT LOS ANGELES COUNTY FIRE DEPARTMENT FIRE STATION 147 CIP No. 4011.68.119

EXECUTE, IN A FORM SATISFACTORY TO THE CITY ATTORNEY, A THIRD AMENDMENT TO THE AGREEMENT WITH TIERRA WEST ADVISORS, INC. TO

PROVIDE CONTINUED ADVISORY AND IMPLEMENTATION SERVICES AND ONGOING PROJECT MANAGEMENT FOR THE DTSC-ECRG ROUND TWO (2) GRANT." (CD)

Comments:

The City of Lynwood awarded a construction contract to California Landscape & Design, Co. on February 1, 2022, for the Fernwood Avenue Park Project CIP Project No. 4011.68.037. The project has been completed and is now ready to be accepted by City Council. (PW)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE FERNWOOD AVENUE PARK CIP PROJECT NO: 4011.68.037 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.”

Comments:

The City of Lynwood awarded a construction contract to California Paving and Grading Co., Inc. on September 19, 2023 for the back-parking lot pavement improvement at Los Angeles County Fire Department Fire Station 147. The work has been completed and is now ready to be accepted by City Council. (PW)
Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING

THE PARKING LOT PAVEMENT IMPROVEMENT AT LOS ANGELES COUNTY FIRE DEPARTMENT FIRE STATION 147 CIP NO. 4011.68.119 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.”
City Council Regular Meeting 5

9. NEW/OLD BUSINESS

9.1 NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

10. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION

11. STAFF ORAL COMMENTS

Comments:

On Tuesday, November 5, 2024 a General Municipal Election is scheduled to be held for two (2) seats on the Lynwood City Council, one, (1) City Clerk and one (1) City Treasurer. The Lynwood City Council seats are currently held by Council Members Soto. and

Flores. Current City Clerk is Maria Quinonez, and City Treasurer is Luis Cuellar.

The persons elected to fill these seats will serve a four year term, expiring November 2028. (CC)
Recommendation:

Staff recommends that the City Council approve and adopt the attached resolution entitled:
" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA (1) CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF TWO (2) CITY COUNCIL MEMBERS; ONE ( 1) CITY CLERK, AND ONE (1) CITY TREASURER; (2)

REQUESTING CONSOLIDATION OF SUCH ELECTION WITH THE COUNTY OF LOS ANGELES WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3)

REQUESTING THE COUNTY OF LOS ANGELES TO PROVIDE SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH ELECTION; (4) ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE FOR SUCH ELECTION REGARDING CANDIDATE STATEMENTS; AND (5) PROVIDING FOR THE DETERMINATION OF TIE

VOTES BY LOT UNLESS THE CITY COUNCIL ADOPTS THE PROVISIONS OF ELECTIONS CODE SECTION 15651(b) PRIOR TO THE CONDUCT OF THE ELECTION RESULTING IN THE TIE VOTE"

ADJOURNMENT

THE NEXT REGULAR MEETING WILL BE HELD ON JULY 16, 2024 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.

City Council Regular Meeting 6

AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Austin A. Ching, Deputy City Attorney
SUBJECT:

SECOND READING OF ORDINANCE NO.___

ADDING SECTION 4-38
“SERVICE PROVIDER WORKER RETENTION” TO CHAPTER 4
“LICENSING AND BUSINESS REGULATIONS” OF THE LYNWOOD

MUNICIPAL CODE
Agenda Item # 7.1.

Recommendation:

Introduce for a second reading, read by title only, and waive further reading of the attached Ordinance No. ___, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING SECTION 4-38 “SERVICE PROVIDER WORKER RETENTION” TO CHAPTER 4 “LICENSING AND BUSINESS REGULATIONS” OF THE LYNWOOD MUNICIPAL CODE”.

Background:

The City awards numerous contracts every year to various service providers and contractors to perform essential and critical services and governmental functions. The effective and efficient performance of these services is highly dependent upon skilled and experienced workers capable of executing the necessary work in a timely and competent manner. Any changes in the personnel of these service providers can have an effect on the quality of services provided by the City, whether due to a change of ownership of the existing service provider or the subsequent award of a contract to a different service provider.

The City finds that the solicitation and procurement of new service providers is beneficial to the City’s overall economic health and provides the opportunity for other businesses to benefit from City service contracts. The City also recognizes that these benefits are not necessarily City Council City Council Regular Meeting 7
diminished by the retention of workers experienced in performing these duties as it allows for the City to utilize those workers’ expertise and knowledge in the effective performance of such duties. Whenever there is turnover related to the performance of these functions, there is an adjustment period for new workers to be able to perform these functions with the same expertise and effectiveness as their predecessors. There is also a loss of institutional knowledge accrued through the experience and longevity of the prior employee. Replacement of these highly experienced and highly skilled workers may affect the success and performance of various City projects, services, and functions.

The retention of the experienced workers also reduces the possibility of labor disputes and disruption of valuable City services. The minimization of such disruptions provides the City and the public with confidence that these services will continue seamlessly through any transition of ownership or change in providers. It will also reduce any impacts associated with unemployment due to such transitions or changes. The City recognizes that such efforts to reduce unemployment are a benefit to the City and the community in general.

Discussion and Analysis:

This would not apply to professional or special services providers as defined in Lynwood Municipal Code (“LMC”) §6-3.1, with the exception of “consultant” and “security services”. The successor service provider may not discharge any displaced worker during the transition period except for cause, as defined by wrongful termination case law. In the event that less displaced workers are required to perform the scope of work of the successor service, any reduction in the number of displaced workers must be approved by the City Manager, and any displaced workers must be retained by seniority. No reduction in displaced workers wages or benefits are allowed under the Ordinance, nor will any waiver of these rights by displaced workers be valid.

The penalties for any violations, including discrimination or retaliation against displaced workers filing a complaint pursuant to this Ordinance, include all legal and equitable remedies at law, including back pay, reinstatement, injunctive relief, attorneys’ fees and punitive damages. A civil right of enforcement is available to displaced workers, but no criminal penalties. Any violations of this Ordinance would also allow the City to terminate the contract and withhold payments to the successor service provider and consider the violations in the City Council City Council Regular Meeting 8
Ordinance - Lynwood Worker Retention.docx
evaluation of the providers performance.

The Ordinance also allows for the City to waive or modify any or all of the provisions of this Ordinance upon approval of the City’s Finance Committee and the City Council by majority vote. In the event of a deadlocked vote by the Finance Committee, the City Council may approve any waiver or modification by majority vote.

The City Council introduced the ordinance for a first reading at the June 4, 2024. The City Council modified the draft ordinance to include limiting the obligation to provide the same wages and benefits to the displaced workers by the new SSp to 90 days. The ordinance was voted on with the modified language.

Fiscal Impact:

There may be some increase costs associated with proposals from successor contractors, however the City may benefit financially from the retention of skilled and experienced workers providing the same services during such transition periods.

Coordinated With:

City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 9
1 ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING
SECTION 4-38 “SERVICE PROVIDER WORKER RETENTION” TO
CHAPTER 4 “LICENSING AND BUSINESS REGULATIONS” OF THE

LYNWOOD MUNICIPAL CODE

RECITALS
WHEREAS, the City of Lynwood (“City”) enters into numerous contracts each year with companies to provide services necessary to ensure the efficient and effective delivery of essential services by the City; and
WHEREAS, the City Council of the City of Lynwood (“City Council”) desires to adopt an ordinance requiring certain business that benefit from City service contracts to comply with worker retention policies including policies addressing any changes in ownership or changes in service contractors; and
WHEREAS, the City Council finds that in order to promote continuity and ensure the effective transition of those entities providing City services, it is beneficial to the City and general public to promote the hiring of experienced workers to perform such services during periods of transition of ownership of services providers or a change to the contractors hired to perform such services; and
WHEREAS, the City Council finds that this Ordinance is beneficial for the preservation of the public welfare, health and safety of residents living within the City of Lynwood.

All legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN 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 Ordinance.

Section 2. The City Council hereby amends Chapter 4 “LICENSING AND BUSINESS REGULATIONS” of the Lynwood Municipal Code to add Section 4-38 “SERVICE PROVIDER WORKER RETENTION” to read as follows:
4-38

SERVICE PROVIDER WORKER RETENTION
4-38.1 Statement of Policy.
10 2
The City awards numerous contracts every year to various service providers and contractors to perform essential and critical services and governmental functions. The effective and efficient performance of these services is highly dependent upon skilled and experienced workers capable of executing the necessary work in and timely and competent manner. Any changes in the personnel of these service providers can have an effect on the quality of services provided by the City, whether due to a change of ownership of the existing service provider or the subsequent award of a contract to a different service provider.

The City finds that the solicitation and procurement of new service providers is beneficial to the City’s overall economic health and provides the opportunity for other businesses to benefit from City service contracts. The City also recognizes that these benefits are not necessarily diminished by the retention of workers experienced in performing these duties as it allows for the City to utilize those workers’ expertise and knowledge in the effective performance of such duties. Whenever there is turnover related to the performance of these functions, there is an adjustment period for new workers to be able to perform these functions with the same expertise and effectiveness as their predecessors. There is also a loss of institutional knowledge accrued through the experience and longevity of the prior employee. Replacement of these highly experienced and highly skilled workers may affect the success and performance of various City projects, services, and functions.

The retention of the experience workers also reduces the possibility of labor disputes and disruption of valuable City services. The minimization of such disruptions provides the City and the public with confidence that these services will continue seamlessly through any transition of ownership or change in providers. It will also reduce any impacts associated with unemployment due to such transitions or changes. The City recognizes that such efforts to reduce unemployment are a benefit to the City and the community in general.
4-38.1 Definitions.

Change in provider shall mean any change in the existing service provider of City’s contracted services to a successor service provider.

Change in ownership shall mean the assignment, alienation, transfer, sale, acquisition, or disposition of a controlling stake or substantially all of assets of the existing service provider by another entity, including but not limited such transfer through consolidation, merger, reorganization, or bankruptcy.

City shall mean the City of Lynwood.

Contracted services shall mean services provided by a Service Provider under contract with City for a cost above $300,000 for a period of twelve (12) consecutive months.

Contracted services shall not include professional or special services as defined under chapter 6-3.1 of this code, however the terms “consultant” and “security services” shall 11 3
not be considered professional or special services for the purpose of this section. The City Manager, with the consent of the Finance Committee, shall have the discretion to determine whether a certain service is considered a contracted service under this ordinance pursuant to section 4-38.7. In the absence of a determination by the City Manager regarding whether a certain service is considered a contracted service, the City Council shall have the authority to make the determination by a majority vote of the City Council.

Existing Services Provider or ESP shall mean the service provider contracted to provide contracted services to the City prior to any change in ownership or change in provider event.

Entity shall mean a person or individual, sole proprietor, partnership, limited partnership, limited liability company, company, corporation, agency, association, trust, estate, joint venture, or any other commercial or legal entity, whether domestic or foreign, but shall not include other governmental agencies or public institutions.

Displaced worker shall mean any person or individual performing contracted services for the City on behalf of an existing service provider, or any its subcontractors hired to perform work under such contract. This does not apply to exempt employees under the Fair Labor Standards Act (FLSA) or any person or individual who was not employed by the ESP for a minimum of thirty (30) days prior to the execution of the Succession event.

Service provider shall mean any entity under contract with the City to provide contracted services.

Successor service provider or SSP shall mean the entity that provides the same or substantially the same contracted services to the City as the existing service provider pursuant to any change in ownership or change in provider event.

Succession event shall mean the effective date of the document effecting a change in ownership; or in the event of a change of services, the date of upon which the City provides notice to the existing service provider that City has entered into a contract with a successor service provider.

Transition period shall mean the period as described under section 4-38.3 of this chapter. 4-38.3 Displaced Worker Retention.
a. Within ten (10) days of a succession event, the ESP must provide the SSP and the City Manager a list of all of its displaced workers providing contracted services which were subject to the change in provider or the change in ownership. The list shall include:
 Each displaced worker's name; and
 Last known address, email and phone number if available; and  Date hired by the ESP; and
12 4
 Each displaced worker’s job classification at the time of the transfer. b. If the identity of the SSP is not known at the time of the succession event, such information shall be requested from the City Manager. The SSP shall offer employment to all displaced workers via certified mail, and if available via email or telephone, within ten (10) days of being awarded the contracted services or a succession event, whichever is sooner. The letter shall require the displaced worker to return a signed copy of the letter to ESP indicating whether he or she has accepted or declined the offer. If the displaced worker fails to submit a signed and accepted offer letter within ten (10) days of displaced worker’s receipt of the offer letter, the offer shall be deemed as declined by the displaced worker. The SSP shall provide copies of all offer letters and certified mail receipts to the City Manager.
c. To the extent feasible, SSP’s contracted services must be performed by displaced workers, however, SSP shall not be required to unnecessarily create additional positions to perform the contracted services. In the event SSP desires to reduce the amount of work hours or positions utilized to perform SSP’s contracted services, the SSP must obtain written approval from the City Manager and hire workers based on seniority pursuant to section 4-38.4.
d. The SSP may not discharge any displaced worker without cause for at least ninety (90) days from the date on which the SSP actually begins providing contracted services (the “transition period”). “Cause” as used in this Section shall mean in good faith and based on a fair and honest reason, and not for reasons that are trivial, arbitrary or capricious, unrelated to business needs or goals, or pretextual. e. At the expiration of the transition period, the SSP shall conduct a written performance evaluation for each displaced worker retained by SSP. If the displaced worker’s performance evaluation is satisfactory or better, SSP shall offer the displaced worker continued employment with SSP subject to Section 4-38.5. 4-38.4 Preferential Hires.
a. If, after the expiration of the transition period, the SSP determines that fewer positions are needed to deliver and maintain the contracted service, the SSP shall retain displaced workers by seniority.
b. Seniority shall be determined by reference to the collective bargaining agreement covering the displaced workers, if one exists, or, if no such agreement exists, then by reference to the initial hire date with the ESP of each displaced worker. Any displaced workers not retained by the SSP shall be placed on a preferential hiring list and considered by the SSP for any job openings that may arise. 4-38.5 Wages and Benefits of Displaced Workers.

SSP must provide all displaced workers covered by this section 4-38 with wages and benefits at a value of not less than the greater of those (a) in effect at the time of the 13 5
termination or expiration of ESP’s contract or effective date of the change of ownership or (b) in any collective bargaining agreement applicable to the displaced workers employment with the ESP. Wages and benefits include all wages or compensation referenced in the existing collective bargaining agreement including provisions addressing how overtime shall be calculated, employer and employee contributions for medical insurance and retirement benefits, any tool, shoe or uniform allowance, sick leave, vacation time and personal or family leave. However, nothing in this ordinance will be construed to require the maintenance of wages and benefits beyond the 90-day transition period by the new SSP.
4-38.6 Retaliation and Discrimination.
a. No ESP or SSP may discriminate against any person for filing a complaint, participating in any investigation or proceeding relating to the enforcement of these provisions, or pursuing any remedies available at law or equity for any violation of this section 4.38 including any harassment, abuse, threats, discharge of duties, or reduction in work hours or duties.
b. Any waiver by a displaced worker of any or all of the provisions of this section 4.38 shall be deemed contrary to public policy and shall be void and unenforceable, except where such waiver occurs in a bona fide collective bargaining agreement. Any attempt by an ESP or SSP to have a displaced worker waive his or her rights given by this section

4.38 shall constitute a willful violation of this provisions included herein. 4-38.7 Enforcement.
a. The City reserves the right to waive or modify any or all the provisions of this section 4-38 with respect to any service provider upon a finding that it would not be in the best interest of the City. Any waiver or modification shall require approval by the City Council by a majority vote of the City Council.
b. Any displaced worker claiming a violation hereunder, may bring an action against the existing service provider or successor service provider in the Superior Court of the State of California to enforce the provisions of this Section 4-38. The penalty for any violation of this section 4-38 shall be for an amount equal to 90 days of the displaced worker's average regular rate of pay, and any other actual damages or legal or equitable remedies, including but not limited to reinstatement, injunctive relief, and back pay. This section further authorizes the awarding of punitive damages for willful violations of this section 4-38. Any plaintiff that successfully enforces his or her rights pursuant to this section 4-38 shall be entitled to reasonable attorney's fees, expert witness fees, and costs of litigation. Violations of this section 4-38 are declared to irreparably harm the public and covered employees generally. Notwithstanding any provision of this code or any other law to the contrary, no criminal penalties shall attach for any violation of this section 4-38. c. Displaced workers shall be considered third-party beneficiaries to any contract for contracted services, and shall have the right to enforce the provisions of this section 4- 14 6
38, and shall be independent of the City's right to enforce any and all provisions included herein.
d. If the City Manager determines that any SSP has violated any provision of this Section 4-38, the City Manager may also recommend to the City council take any or all of the following actions:
i. Document the violations which may be used in the evaluation of Successor Service Provider’s performance.
ii. Terminate the Successor Service Provider’s contract. ii. Withold any payments due to Successor Service Provider.

Section 6. CEQA Findings. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that it may have a significant effect on the environment.

Section 7. 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 8. Effective Date. The City Clerk shall certify to the passage of this Ordinance and shall cause this ordinance to be published and/or posted as required by law and said Ordinance shall become effective 30 days after its passage.

PASSED, APPROVED AND ADOPTED this ____ day of ________ 2024. ________________________________
Jose Luis Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
15 7

APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager 16 8

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 __________, 2024, and passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Maria Quinonez, City Clerk
17 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, Cit Manager
PREPARED BY:

Harry Wong, Director of Finance & Administration
Mohammad Islam, Accounting Technician

SUBJECT:

APPROVAL OF THE WARRANT REGISTER
7-02-2024-CC - WARRANT
RESOLUTION TEMPLATE-2024.pdf
WARRANT RUN CC-7-2-2024.pdf
Agenda Item # 8.1.

Recommendation:

Staff respectfully recommends that the City council of the City of Lynwood approve the warrant register dated July 02, 2024 for FY 2023-2024
Background:

N/A
Discussion and Analysis:

N/A
Fiscal Impact:

FY 2023-2024
Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 18
RESOLUTION NO. 2024.xxx

Warrant Registers Dated 07-02-2024

PASSED, APPROVED and ADOPTED this 2nd day of July 2024.

Jose Luis Solache, 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

19 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 2nd day of July 2024.

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-GUEVARA, MAYOR

PRO TEM SOTO AND MAYOR SOLACHE

NOES: NONE

ABSENT: NONE

ABSTAIN: NONE

_____________________ Date: _______________________
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. 2024.xxx on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 2nd day of July 2024.

__________________________ Date: _________________________ Maria Quiňonez,
City Clerk

20 apCkHist
06/25/2024 2:52PM
Bank code: apbank
Void Check# Date Vendor
210924 05/29/2024 012692 RITA SOTO
1 checks in this report
Void Check Listing
City of Lynwood
ClearNoid Date Invoice
06/25/2024 WRONG VENDOR-211080
06/25/2024 012692-081023
06/25/2024 012692-020424-1
Page: 1
Inv. Date Amount Paid Check Total
05/19/2024 172.19
05/29/2024 153.27
02/04/2024 143.38 468.84
apbank Total: 468.84
Total Checks: 468.84
Page: 1
21 vchlist Check List Page: 2
06/25/2024 2:39:SSPM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211081 7/2/2024 005078 4IMPRINT, INC. 27358746 08-005225 COMMUNITY ACTIVITY EXPENSE 3,135.90 Total: 3,135.90
211082 7/2/2024 000743 ADMINISTRATIVE SVCS. CO-OP 240509 08-005196 PROF & CONTRACTUAL SERVICES 12,739.68 Total: 12,739.68
211083 7/2/2024 001100 AEG SOLUTIONS 82587 SUPPLIES 938.61 Total: 938.61
211084 7/2/2024 013931 AETNA RESOURCES FOR LIVING E0321480 05-001970 PROF & CONTRACTUAL SERVICES 218.23 Total: 218.23
211085 7/2/2024 007439 ALL CITY MANAGEMENT SVCS, INC. 93893 11-002279 PROF & CONTRACTUAL SERVICES 16,247.69 Total: 16,247.69
211086 7/2/2024 011719 ALL STAR ELITE SPORTS 4242 08-005239 UNIFORM EXPENSE 1,281.45 Total: 1,281.45
211087 7/2/2024 014281 ALONO, NONOA 002908-0005 REFUNDABLE DEPOSIT-EVENT 100.00 002950-0207 REFUND-SECURITY SERVICE FEE 744.00
Total: 844.00
211088 7/2/2024 010746 ALVAREZ-GLASMAN & COLVIN 2024-03-21091 01-001787 PROF & CONTRACTUAL SERVICES 4,424.00 Total: 4,424.00
211089 7/2/2024 013738 AMAZON CAPITAL SERVICES INC 194Y-7F1 K-H74F OFFICE SUPPLIES 98.07 Total: 98.07
211090 7/2/2024 002452 AMERICAN LANGUAGE SVCS. 81461 01-001803 PROF & CONTRACTUAL SERVICES 345.60 Total : 345.60
211091 7/2/2024 011094 AM-TEC TOTAL SECURITY, INC. 635732 06-010005 FEES FOR SERVICES 162.00 Total: 162.00
211092 7/2/2024 004285 AVANT GARDE, INC. 10282 06-010087 PROF & CONTRACTUAL SERVICES 2,730.00 10313 06-010135 PROF & CONTRACTUAL SERVICES 8,467.50
Page: 2
22 vchlist Check List Page: 3
06/25/2024 2:39:SSPM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211092 7/2/2024 004285 004285 AVANT GARDE, INC. (Continued) Total: 11,197.50 211093 7/2/2024 000884 BLUE DIAMOND MATERIALS 3611158 06-009995 OPERATING SUPPLIES 2,083.18 3631585 06-009995 OPERATING SUPPLIES 308.70
Total: 2,391.88
211094 7/2/2024 014285 CASTRO, BERLIN CIARA 013607-060624-1 SCHOLARSHIP PAYMENT 300.00 Total: 300.00
211095 7/2/2024 009302 CHESSER, CHRISTINE 22084179 FEES FOR SERVICES 350.00 25465304 FEES FOR SERVICES 250.00
Total: 600.00
211096 7/2/2024 002319 CINDY'S JUMPERS 81434 08-005211 RENT AL EXPENSE-EVENT 353.00 Total: 353.00
211097 7/2/2024 001168 CINTAS CORPORATION NO. 2 5214495147 08-005199 FIRST AID CABINETS IN REC 223.68 8406865604 08-005199 FIRST AID CABINETS IN REC 208.30
8406875418 08-005199 FIRST AID CABINETS IN REC 202.46
Total: 634.44
211098 7/2/2024 000019 CITY NATIONAL BANK 8797321 FEES FOR SERVICES 77,081.86 8857811 FEES FOR SERVICES 10,246.11
Total: 87,327.97
211099 7/2/2024 003372 CITY OF LYNWOOD 54-09800-05-052124 UTILITY EXPENSE 502.91 Total: 502.91
211100 7/2/2024 010609 COMPANY INC., PIONEER INV-203557 SUPPLIES EXPENSE 1,889.23 Total: 1,889.23
211101 7/2/2024 014282 CONDE, LESLIE 002826-0044 REFUNDABLE DEPOSIT-EVENT 400.00 Total: 400.00
211102 7/2/2024 010854 CONSTRUCTION, 316 ENGINEERING & 22-254-05 06-009884 PROF & CONTRACTUAL SERVICES 19,275.00 22-254-06 06-009885 PROF & CONTRACTUAL SERVICES 21,600.00 23-266-01 06-010116 PROF & CONTRACTUAL SERVICES 46,182.00 Page: 3
23 vchlist Check List Page: 4
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211102 7/2/2024 010854 010854 CONSTRUCTION, 316 ENGINEERING (Continued) Total: 87,057.00 211103 7/2/2024 010754 COOL IMAGE WATER, DBN AMERICAN 2239 06-009970 PROF & CONTRACTUAL SERVICES 206.25 2242 03-000450 PROF & CONTRACTUAL SERVICES 66.00
2243 11-002315 PROF & CONTRACTUAL SERVICES 167.75
2244 01-001800 PROF & CONTRACTUAL SERVICES 185.47
Total: 625.47
211104 7/2/2024 000305 CULLIGAN 1937906 06-009971 FEES FOR SERVICES 81 .52 1942210 06-009971 FEES FOR SERVICES 81.52
Total: 163.04
211105 7/2/2024 000138 DAILY JOURNAL CORPORATION 83807784 11-002258 PUBLICATION SERVICES 1,162.50 Total: 1,162.50
211106 7/2/2024 014269 DBX INC LA931-01 06-010171 PROF & CONTRACTUAL SERVICES 183,642.07 Total: 183,642.07
211107 7/2/2024 014280 DE LA CRUZ, ROSA 77273275 REFUND-CLASS CANCELLED CMA 40.00 Total: 40.00
211108 7/2/2024 003352 DEPT. OF JUSTICE CTRL SERVICES 738102 FEES FOR SERVICES 674.00 Total: 674.00
211109 7/2/2024 014021 EDGEWORTH INTEGRATION,LLC 00037092 12-000457 PROF & CONTRACTUAL SERVICES 68,243.55 Total: 68,243.55
211110 7/2/2024 011246 EFAX CORPORATE 4864764 FEES FOR SERVICES 159.82 4896252 FEES FOR SERVICES 161.10
Total: 320.92
211111 7/2/2024 013973 ENTERPRISE FM TRUST FBN5058041 06-010052 PROF & CONTRACTUAL SERVICES 10,219.92 Total: 10,219.92
211112 7/2/2024 003334 FED EX 8-516-50654 FEES FOR SERVICES 13.12 Total: 13.12
211113 7/2/2024 000003 FIRST CHOICE SERVICES 837321 06-009972 OFFICE EXPENSE 199.43 Page: 4
24 vchlist Check List Page: 5
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211113 7/2/2024 000003 FIRST CHOICE SERVICES (Continued) 837550 01-001791 OFFICE EXPENSE 194.90
Total: 394.33
211114 7/2/2024 014103 GENERAL ENGINEERING INC, 0221-02 06-010146 PROF & CONTRACTUAL SERVICES 710,619.00 Total: 710,619.00
211115 7/2/2024 001352 GMC PEST CONTROL, INC. 1249 06-009999 FEES FOR SERVICES 2,800.00 1253 06-009999 FEES FOR SERVICES 1,200.00
1254 06-009999 FEES FOR SERVICES 1,400.00
Total: 5,400.00
211116 7/2/2024 014274 GONZALEZ, ALLISON 01427 4-060624 SCHOLARSHIP PAYMENT 300.00 Total: 300.00
211117 7/2/2024 001510 GRAINGER, INC. 9143907807 11-002302 OPERATING SUPPLIES 580.11 9149881154 06-010008 OPERATING SUPPLIES 1,070.88
9153050068 06-010008 OPERATING SUPPLIES 342.30
9153050076 06-010008 OPERATING SUPPLIES 80.13
Total: 2,073.42
211118 7/2/2024 000993 GRM INFORMATION MANAGEMENT 0504518-0504532 01-001801 FEES FOR SERVICES 904.32 0506543 FEES FOR SERVICES 209.12
506297 05-001983 FEES FOR SERVICES 19.01
Total: 1,132.45
211119 7/2/2024 009832 HARDING, ELIZABETH B. EH-053024 08-005246 PROF & CONTRACTUAL SERVICES 170.00 Total: 170.00
211120 7/2/2024 003338 HILL YARD-LOS ANGELES 605502311 06-010002 OPERATING EXPENSE 1,625.21 605510319 06-010002 OPERATING EXPENSE 751.91
Total: 2,377.12
211121 7/2/2024 001681 HUMAN SERVICES ASSOCIATION 053120246 08-005195 PROF & CONTRACTUAL SERVICES 2,862.50 Total: 2,862.50
211122 7/2/2024 013758 HUNT DESIGN 10710 06-009964 FEES FOR SERVICES 3,325.00 Page: 5
25 vchlist Check List Page: 6
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211122 7/2/2024 013758 013758 HUNT DESIGN (Continued) Total: 3,325.00 211123 7/2/2024 000635 IDR ENVIRONMENTAL SERVICES 82974 06-010059 PROF & CONTRACTUAL SERVICES 4,002.13 Total: 4,002.13
211124 7/2/2024 013815 JAMISON, JERMAINE 436466114 REFUND-CLASS 825.00 Total: 825.00
211125 7/2/2024 009103 JHM SUPPLY, INC. 96674/3 06-010160 LANDSCAPING & IRRIGATION 5,994.68 Total: 5,994.68
211126 7/2/2024 013304 JOE A GONSALVES & SON 161637 06-010074 PROF & CONTRACTUAL SERVICES 4,000.00 Total: 4,000.00
211127 7/2/2024 001269 JOHN L. HUNTER & ASSOCIATES LYN1FOG12403 06-010062 FEES FOR SERVICES 440.00 Total: 440.00
211128 7/2/2024 013434 KILEY & ASSOCIATES,LLC 33 01-001808 PROF & CONTRACTUAL SERVICES 5,000.00 Total: 5,000.00
211129 7/2/2024 000001 KING FENCE, INC 50805 06-010019 RENTAL EXPENSE-EVENT 65.50 Total: 65.50
211130 7/2/2024 003331 L.A. COUNTY SHERIFF DEPT. 243285MR 01-001794 LA COUNTY SHERRI FF 18,569.07 243286MR 08-005258 LA COUNTY SHERRI FF 2,184.84
Total: 20,753.91
211131 7/2/2024 014077 LANDSCAPE DEVELOPMENT.INC, 8857811 06-010114 PROF & CONTRACTUAL SERVICES 194,676.17 Total: 194,676.17
211132 7/2/2024 014279 LOPEZ, YOLANDA 002950-0172 REFUNDABLE DEPOSIT -EVENT 40.00 002950-0173 REFUND-SECURITY SERVICE FEE 155.00
Total: 195.00
211133 7/2/2024 014277 LORI WINDRY AVE 003002-0026 REFUNDABLE DEPOSIT-EVENT 200.00 003002-0027 REFUND-SECURITY SERVICE FEE 186.00
Total: 386.00
Page: 6
26 vchlist Check List Page: 7
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211134 7/2/2024 002761 MARCO POWER EQUIPMENT 41212290 06-010012 REPAIRS AND MAINT EXPENSE 51.82 41212297 06-010012 REPAIRS AND MAINT EXPENSE 1,924.97
41212307 06-010012 REPAIRS AND MAINT EXPENSE 158.95
41212324 06-010012 REPAIRS AND MAINT EXPENSE 101.41
41212398 06-010012 REPAIRS AND MAINT EXPENSE 2,074.88
41212400 06-010012 REPAIRS AND MAINT EXPENSE 2,826.70
Total: 7,138.73
211135 7/2/2024 000128 MARX BROS FIRE EXTINGUISHER S12614 06-009978 SUPPLIES EXPENSE 110.00 Total: 110.00
211136 7/2/2024 014273 MILLAN, REYNA 014273-060624 SCHOLARSHIP PAYMENT 500.00 Total: 500.00
211137 7/2/2024 014271 MORALES-LUGO, NATHAN M 014271-060624 SCHOLARSHIP PAYMENT 500.00 Total: 500.00
211138 7/2/2024 008782 MSJ ACCESS INC 91073084 06-009966 FEES FOR SERVICES 1,226.09 Total: 1,226.09
211139 7/2/2024 006134 M-TECHS PRINTER REPAIR INC 41250 FEES FOR SERVICES 225.00 Total: 225.00
211140 7/2/2024 007207 MUNI TEMPS 130417 03-000452 PROF & CONTRACTUAL SERVICES 6,320.00 130423 03-000452 PROF & CONTRACTUAL SERVICES 4,740.00
130429 03-000452 PROF & CONTRACTUAL SERVICES 3,160.00
Total: 14,220.00
211141 7/2/2024 000475 NATIONWIDE ENVIRONMENTAL SVCS. 34053 06-010048 PROF & CONTRACTUAL SERVICES 38,149.86 34053-1 11-002310 PROF & CONTRACTUAL SERVICES 18,306.31 Total: 56,456.17
211142 7/2/2024 000475 NATIONWIDE ENVIRONMENTAL SVCS. 34054 11-002310 PROF & CONTRACTUAL SERVICES 3,089.32 Total: 3,089.32
211143 7/2/2024 ' 011922 NORTH STAR LAND CARE 1601-731 06-010046 PROF & CONTRACTUAL SERVICES 1,170.00 1601-741 06-010046 PROF & CONTRACTUAL SERVICES 8,460.00 1601-742 06-010046 PROF & CONTRACTUAL SERVICES 2,000.00 --
Page: 7
27 vchlist Check List Page: 8
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211143 7/2/2024 011922 NORTH STAR LAND CARE (Continued) 1601-760 06-010140 PROF & CONTRACTUAL SERVICES 6,480.00 Total: 18,110.00
211144 7/2/2024 001214 OF PUBLIC WORKS, COUNTY OF L.A. RE-PW-24061007375 FEES FOR SERVICES 487.09 RE-PW-24061007423 FEES FOR SERVICES 3,215.07
RE-PW-24061007739 FEES FOR SERVICES 1,096.94
RE-PW-24061007740 FEES FOR SERVICES 435.97
Total: 5,235.07
211145 7/2/2024 005562 ORKIN PEST CONTROL 261959332 FEES FOR SERVICES 159.99 261959334 FEES FOR SERVICES 132.99
Total: 292.98
211146 7/2/2024 014102 PATEL, SHASIKLA 002653-0017 EVENT REFUNDABLE DEPOSIT 100.00 002936-0037 REFUND- SERVICE NOT PROVIDED 186.00
Total: 286.00
211147 7/2/2024 014278 PINZON, JULIETTE 002932-0001 REFUNDABLE DEPOSIT-EVENT 535.00 Total: 535.00
211148 7/2/2024 006281 PROFESSIONAL SECURITY, IN000132506R 08-005236 PROF & CONTRACTUAL SERVICES 7,190.40 Total: 7,190.40
211149 7/2/2024 007243 PUBLIC WORKS, LOS ANGELES COUNTY IN240000950 FEES FOR SERVICES 2,783.06 IN240000952 FEES FOR SERVICES 762.23
IN240001031 FEES FOR SERVICES 369.81
Total: 3,915.10
211150 7/2/2024 001313 QUINONEZ, MARIA 001313-073124 ELECTRONIC/MEDIA-AUTO EXPENSE 500.00 Total: 500.00
211151 7/2/2024 014014 RESOURCES RECYCLING & RECOVERY 0000001577470 PROF & CONTRACTUAL SERVICES 437.61 Total: 437.61
211152 7/2/2024 007933 ROJAS, JOSE 002970-0025 REFUNDABLE DEPOSIT-EVENT 200.00 Total: 200.00
Page: 8
28 vchlist Check List Page: 9
06/25/2024 2:39:SSPM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 211153 7/2/2024 011595 ROSE EQUIPMENT REPAIR, INC. IN31445 06-010015 REPAIRS AND MAINTENANCE 5,244.91 IN31543 06-010015 REPAIRS AND MAINTENANCE 171.89
Total: 5,416.80
211154 7/2/2024 008805 RPW SERVICES, INC. 39631 06-010060 FEES FOR SERVICES 1,800.00 Total: 1,800.00
211155 7/2/2024 000075 S & J SUPPLY CO. S100230348.002 06-010024 SUPPLIES EXPENSE 26,436.52 Total: 26,436.52
211156 7/2/2024 000519 S&S WORLDWIDE IN101395216 08-005227 SUPPLIES EXPENSE 1,272.34 Total: 1,272.34
211157 7/2/2024 010757 SALAZAR RIVERO, YUNUEE 23637753 FEES FOR SERVICES 250.00 Total: 250.00
211158 7/2/2024 008745 SAN FRANCISCO LAUNDRY 64831 FEES FOR SERVICES 483.00 64838 FEES FOR SERVICES 434.77
Total: 917.77
211159 7/2/2024 007205 SANCHEZ AWARDS 2359 08-005254 SUPPLIES EXPENSE 386.75 2367 08-005254 SUPPLIES EXPENSE 826.87
2476 05-001982 SUPPLIES EXPENSE 882.00
2477 05-001982 SUPPLIES EXPENSE 992.25
2485 08-005254 SUPPLIES EXPENSE 1,876.45
Total: 4,964.32
211160 7/2/2024 006568 SCHOOL OUTFITTERS, LLC INV14152185 08-005261 OFFICE EQUIPMENT 2,289.80 Total: 2,289.80
211161 7/2/2024 010737 SMITH, DOMINQUE 002658-0011 EVENT REFUNDABLE DEPOSIT 100.00 Total: 100.00
211162 7/2/2024 000163 SOUTHERN CALIFORNIA EDISON 700679605383-041224 UTILITY EXPENSE 2,924.63 Total: 2,924.63
211163 7/2/2024 008956 SPCALA 202405 11-002297 ANIMAL SERVICE EXPENSE 28,800.00 Page: 9
29 vchlist Check List Page: 10
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/ Account Amount 211163 7/2/2024 008956 008956 SPCALA (Continued) Total: 28,800.00 211164 7/2/2024 008895 SWA GROUP 200143 06-010164 PROF & CONTRACTUAL SERVICES 22,995.50 Total: 22,995.50
211165 7/2/2024 002938 TAJ OFFICE SUPPLY 05361 11-002311 SUPPLIES EXPENSE 48.51 05362 06-009984 SUPPLIES EXPENSE 97.02
05419 06-009984 SUPPLIES EXPENSE 74.93
Total: 220.46
211166 7/2/2024 000164 THE GAS CO. 01610112508-041624 UTILITY EXPENSE 1,496.20 Total: 1,496.20
211167 7/2/2024 013215 THE HOME DEPOT PRO SUPPLY WORK 807941331 06-009967 OPERATING SUPPLIES 549.05 807942529 06-009967 OPERATING SUPPLIES 514.79
808200737 06-009967 OPERATING SUPPLIES 315.14
808424030 06-009967 OPERATING SUPPLIES 250.74
808694517 08-005194 OPERATING SUPPLIES 306.34
809146483 06-009967 OPERA TING SUPPLIES 274.46
Total: 2,210.52
211168 7/2/2024 014257 TLC ANIMAL REMOVAL SERVICES 0002615 ANIMAL SERVICE EXPENSE 500.00 Total: 500.00
211169 7/2/2024 014275 TORRES , ASHLEY JOCELYN 014275-060624 SCHOLARSHIP PAYMENT 300.00 Total: 300.00
211170 7/2/2024 010066 TRI-WEST MECHANICAL , INC. 12382 06-010061 MAINTENANCE SERVICES 980.00 12383 06-010061 MAINTENANCE SERVICES 1,480.00
Total: 2,460.00
211171 7/2/2024 007742 ULINE, INC. 178518344 06-009986 JANITORIAL SUPPLIES 322.43 179028683 06-009986 JANITORIAL SUPPLIES 436.43
Total: 758.86
211172 7/2/2024 000166 UNDERGROUND SERVICE ALERT/SC 23-2425850 06-010028 FEES FOR SERVICES 104.91 520240428 06-010028 FEES FOR SERVICES 221.75
Page: 10
30 vchlist Check List Page: 11
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211172 7/2/2024 000166 000166 UNDERGROUND SERVICE ALERT/SC (Continued) Total: 326.66 211173 7/2/2024 009742 UNIFIRST CORPORATION 2190177973 06-010029 UNIFORM SERVICE AND SUPPLIES 76.50 2190177975 06-010029 UNIFORM SERVICE AND SUPPLIES 70.95 2190177977 06-010029 UNIFORM SERVICE AND SUPPLIES 106.92 2190177979 06-010029 UNIFORM SERVICE AND SUPPLIES 87.90 2190177981 06-010029 UNIFORM SERVICE AND SUPPLIES 123.32 2190181978 06-010029 UNIFORM SERVICE AND SUPPLIES 76.50 2190181979 06-010029 UNIFORM SERVICE AND SUPPLIES 70.95 2190181980 06-010029 UNIFORM SERVICE AND SUPPLIES 106.92 2190181981 06-010029 UNIFORM SERVICE AND SUPPLIES 87.90 2190181982 06-010029 UNIFORM SERVICE AND SUPPLIES 123.32 2190185165 06-010029 UNIFORM SERVICE AND SUPPLIES 76.50 2190185166 06-010029 UNIFORM SERVICE AND SUPPLIES 198.18 2190185167 06-010029 UNIFORM SERVICE AND SUPPLIES 106.92 2190185168 06-010029 UNIFORM SERVICE AND SUPPLIES 87.90 2190185169 06-010029 UNIFORM SERVICE AND SUPPLIES 123.32 2190188160 06-010029 UNIFORM SERVICE AND SUPPLIES 76.50 2190188161 06-010029 UNIFORM SERVICE AND SUPPLIES 131.44 2190188162 06-010029 UNIFORM SERVICE AND SUPPLIES 178.78 2190188163 06-010029 UNIFORM SERVICE AND SUPPLIES 87.90 2190188164 06-010029 UNIFORM SERVICE AND SUPPLIES 123.32 Total: 2,121.94
211174 7/2/2024 014061 VCA ANIMAL HOSPITALS INC 5869717665 11-002298 ANIMAL SERVICE EXPENSE 419.03 5869717666 11-002298 ANIMAL SERVICE EXPENSE 669.49
5869718226 11-002298 ANIMAL SERVICE EXPENSE 200.00
5869718522 11-002298 ANIMAL SERVICE EXPENSE 200.00
Total: 1,488.52
211175 7/2/2024 014256 VIBE INC 17963 08-005267 OFFICE EXPENSE 4,186.20 Total: 4,186.20
211176 7/2/2024 014270 VILLEGAS, MARICELA DE LA TORRE 002989-0163 REFUNDABLE DEPOSIT-EVENT 200.00 Total: 200.00
211177 7/2/2024 004013 WALTERS WHOLESALE ELECTRIC CO S125726903 .001 06-010030 SUPPLIES EXPENSE 1,163.67 Page: 11
31 vchlist Check List Page: 12
06/25/2024 2:39:55PM City of Lynwood
Bank code: apbank
Voucher Date Vendor Invoice PO# Description/Account Amount 211177 7/2/2024 004013 WALTERS WHOLESALE ELECTRIC CO (Continued) S125726903.002 06-010030 OFFICE SUPPLIES 253.12
Total: 1,416.79
211178 7/2/2024 008657 WASTE RESOURCES, INC. 041854-050124 UTILITY EXPENSE 281.34 Total: 281.34
211179 7/2/2024 002912 WATERLINE TECHNOLOGIES.INC 5685800 06-010016 OPERATING SUPPLIES 674.73 5685802 06-010016 OPERATING SUPPLIES 910.89
5687229 06-010016 OPERATING SUPPLIES 556.65
5687238 06-010016 OPERATING SUPPLIES 843.41
5688785 06-010016 OPERATING SUPPLIES 944.62
5688797 06-010016 OPERATING SUPPLIES 742.20
5689596 06-010016 OPERATING SUPPLIES 438.57
5689600 06-010016 OPERATING SUPPLIES 640.99
5689601 06-010016 OPERATING SUPPLIES 843.41
Total: 6,595.47
211180 7/2/2024 014283 WATSON, JUANTA 002881-0022 REFUNDABLE DEPOSIT -EVENT 100.00 Total : 100.00
211181 7/2/2024 000040 WAXIE SANITARY SUPPLY 82545808 06-009987 SUPPLIES EXPENSE 858.54 Total: 858.54
211182 7/2/2024 000477 WEBSTER'S BEE REMOVAL SERVICES 2412 06-009988 FEES FOR SERVICES 285.00 Total: 285.00
211183 7/2/2024 001522 WECK LABORATORIES , INC. W4F0846 06-010017 FEES FOR SERVICES 120.00 Total: 120.00
211184 7/2/2024 007609 WILLDAN FINANCIAL SERVICES 010-58295-1 ADMINISTRATIVE FEES 750.00 Total: 750.00
211185 7/2/2024 012137 XIO INC. 2022-13101 06-010031 FEES FOR SERVICES 760.00 Total: 760.00
211186 7/2/2024 014218 YAYA CREATIONS INC 2734WHSL 08-005264 SUPPLIES EXPENSE 4,218.48 Page: 12
32 vchlist
06/25/2024
Bank code:
2:39:55PM
apbank
Check List
City of Lynwood
Voucher Date Vendor Invoice PO# Description/Account
211186 7/2/2024 014218 014218 YAYA CREATIONS INC
106 Vouchers for bank code:
106 Vouchers in this report
apbank
(Continued) Total:

Bank total:

Total vouchers:

Page: 13
Amount
4,218.48
1,713,176.09
1,713,176.09
Page: 13
33 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

PROJECT ACCEPTANCE FOR HSIP CYCLE 5 - MARTIN LUTHER KING

JUNIOR BOULEVARD FROM ALVADA STREET TO BENWELL DRIVE
IMPROVEMENT PROJECT, PROJECT NO. 4011.68.035, FEDERAL
PROJECT ID: HSIPL-5250(032)
Agenda Item # 8.2.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING HSIP CYCLE 5 - MARTIN LUTHER KING JUNIOR BOULEVARD FROM ALVADA STREET TO BENWELL DRIVE IMPROVEMENT PROJECT, PROJECT NO. 4011.68.035, FEDERAL PROJECT ID: HSIPL-5250(032) 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.” Background:

The City submitted a grant application for the Martin Luther King Junior Boulevard from Alvada Street to Benwell Drive (Project) for the Highway Safety Improvement Program (HSIP). The Project includes the installation of crosswalks, pedestrian signals, and signs. The State of California Department of Transportation (Caltrans) awarded the City $292,100 in federal funds.

On June 21, 2021, the City received the Authorization to Proceed (E-76) with the construction of the project from Caltrans.

City Council City Council Regular Meeting 34
On October 28, 2021, the Notice Inviting Bids for the Project was advertised in the Daily Journal, Bid America, and on the City’s web site (PlanetBids). The bid opening took place in the PlanetBids Platform on Thursday, December 2, 2021 at 10:00 A.M. (Pacific Time).

Discussion and Analysis:

On March 1, 2022, the City awarded the contract to the lowest responsible bidder, International Line Builders, Inc. DBA ILB Electric in the amount of $295,350.00. The Notice to Proceed was issued for construction to begin on March 11, 2022.

Scope of Work:

The Project consisted of the following work: removal and replacement of crosswalks, pedestrian signals, and signs.

Approved Budget:

The original contract amount with ILB Electric was in the amount of $295,350. During the construction phase, staff made a couple of adjustments in the field to accommodate the discrepancies in the working conditions of the project. There were seven (7) change orders issued and executed in the amount of $32,110.86. The new contract amount including change orders was $327,460.86. The final date of construction was April 12, 2024.

In addition, $69,626 was used for the construction management/construction inspection services by Transtech Engineers and $13,600 for labor compliance monitoring and funding administration provided by Avant Garde Inc. Staff’s time in project management and other related cost for this project were $31,058. The total cost of this project was $441,744.86 which was under the approved budget of $459,478.

Description
Amount
Original Contract Amount
$295,350.00
Seven (7) Change Orders
$32,110.86
Contract Management and Inspection
$69,626.00
Labor Compliance and Funding Admin
$13,600.00
Project Management and other costs
$31,058.00
City Council City Council Regular Meeting 35
07-02-2024 HSIP Cycle 5 Acceptance (Resolution) - PWD.docx Total Project Cost
$441,744.86

Construction began on March 11, 2022, and on April 12, 2024, ILB Electric completed the construction of the HSIP Cycle 5 - Martin Luther King Junior Boulevard from Alvada Street to Benwell Drive Improvement Project. The project is now ready for acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at the County Recorder’s Office. Staff will then release the 5% retention 35 days after the project acceptance.

Fiscal Impact:

This CIP project no. 4011.68.035 had an approved Fiscal Year (FY) 23 Budget of $459,478.

No additional funds were appropriated.

Funding Source
Amount
HSIP Funds
$292,100.00
Measure R Bonds (Fund 2353)
$1,001.70
Prop C
$100,490.30
SB1 (Fund 2121)
$65,886.00
Total Project Budget
$459,478.00

Coordinated With:

City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:

Description
City Council City Council Regular Meeting 36
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING HSIP CYCLE 5 - MARTIN LUTHER KING JUNIOR BOULEVARD FROM ALVADA STREET TO BENWELL DRIVE IMPROVEMENT PROJECT, PROJECT NO. 4011.68.035, FEDERAL PROJECT ID: HSIPL-5250(032) 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.

WHEREAS, on October 28, 2021, the Notice Inviting Bids for the Project was advertised in the Daily Journal, Bid America, and on the City’s web site (PlanetBids); and WHEREAS, the bid opening took place in the PlanetBids platform on Thursday, December 2, 2021 at 10:00 A.M. (PST); and
WHEREAS, on March 1, 2022, the City awarded the contract to the lowest responsible bidder ILB Electric in the amount of $295,350.00; and WHEREAS, the project scope of work consisted of removal and replacement of crosswalks, pedestrian signals, and signs.; and
WHEREAS, the construction of the Project started on March 11, 2022; and WHEREAS, there were seven (7) change orders issued and executed in the amount of $32,110.86; and
WHEREAS, the final date of construction was April 12, 2024, for the HSIP Cycle 5 - Martin Luther King Junior Boulevard from Alvada Street to Benwell Drive Improvement Project, Project No. 4011.68.035, Federal Project ID HSIPL-5250 (032) project and all work was completed in accordance with the project plans and specifications; and WHEREAS, the total construction cost including project management, construction management, inspection, and labor compliance was $441,744.86; and WHEREAS, the total construction budget was $459,478.00 in HSIP ($292,100.00), Measure R Bonds ($1,001.70), Prop C ($100,490.30), and SB1 ($65,886.00) funds; and WHEREAS, no additional appropriation was needed.

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

Section 1. The City Council for the City of Lynwood finds and declares that the forgoing recitals are true and correct and incorporates said recitals fully into this Resolution as substantive findings.
37 2
Section 2. That the City Council of the City of Lynwood accepts HSIP Cycle 5 - Martin Luther King Junior Boulevard from Alvada Street to Benwell Drive Improvement Project, Project No. 4011.68.035, Federal Project ID HSIPL-5250 (032) as complete in accordance with contract documents.

Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office.

Section 4. The City Council authorizes the release of the 5% retention 35 days after acceptance.

Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7 . 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
38 3
PASSED, APPROVED and ADOPTED this 2nd day of July 2024.

José Luis Solache
Mayor
ATTEST:

Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Ernie Hernandez
City Attorney City Manager
Julian Lee
Director of Public Works
39 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 the2nd day of July 2024, 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 2nd day of July 2024.

Maria Quinonez, City Clerk
40 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

PROJECT ACCEPTANCE FOR THE ANNUAL STREET NAME SIGN
REPLACEMENT FY 2024 PROJECT. CIP NO. 4011.68.137
Agenda Item # 8.3.

Recommendation:

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

As part of the Annual Street Name Sign Replacement FY 2024 (Project), the City of Lynwood selected four intersections to have their existing street name signs replaced with new light- emitting diode (LED) street name signs. The selected intersections were as follows: a) Martin Luther King Jr. Boulevard & Atlantic Avenue, b) Martin Luther King Jr. Boulevard & Bullis Road, c) Martin Luther King Jr. Boulevard & Imperial Highway, and d) Long Beach Boulevard & Imperial Highway. The City of Lynwood purchased the sixteen (16) new LED street name signs and required professional services from a licensed contractor to install them.

On December 21, 2023, staff sent an informal request to multiple contractors soliciting quotes for the installation of the new LED street name signs at the four selected intersections. Two (2) contractors inquired more information via email or phone, but did not submit a bid. On January 18, 2024 the City received one bid for the installation of the sixteen LED street name signs.

City Council City Council Regular Meeting 41
Discussion and Analysis:

On February 20, 2024, the City Council awarded a construction contract to the lowest responsible bidder, California Street Lighting in the amount of $28,800.00. The Notice to Proceed was issued for construction to begin on March 11, 202

4. Scope of Work:

The Project consisted of installing and wiring sixteen new LED street name signs at four intersections in the City of Lynwood.

Approved Budget:

The original contract amount with California Street Lighting was $28,800.00. There weren’t any change orders during the construction phase. The total contract amount remained unchanged. The project included a cost of $1,500.00 for labor compliance, $3,284.22 for project management and other costs. The amount spent on the purchase of the LED street name signs was $46,194.75. The total cost of this project was $79,778.97 which was within the approved budget of $81,000.00 from Measure M and General Fund.

Description
Amount
Original Contract Amount
$28,800.00
Labor Compliance
$1,500.00
Project Management, and other costs
$3,284.22
Purchase of LED Street Name Signs
$46,194.75
Total Project Cost
$79,778.97

Construction was completed on March 22, 2024, and the Project is now ready for acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at the County Recorder’s Office. Staff will then release the 5% retention 35 days after the project acceptance.

Fiscal Impact:

City Council City Council Regular Meeting 42
07-02-24 Acceptance of LED Street Name Sign Installation (Resolution) - PWD.docx This CIP project (4011.68.137) had a FY24 Budget of $81,000.00 from Measure M and General Fund. No additional appropriation was needed to complete the project.

Coordinated With:

City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:

Description
City Council City Council Regular Meeting 43
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE ANNUAL STREET NAME SIGN REPLACEMENT FY 2024 PROJECT CIP NO. 4011.68.137 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 WHEREAS, as part of the Annual Street Name Sign Replacement FY 2024, the Installation of light-emitting diode (LED) Street Name Signs consisted of but was not limited to, installing and wiring 16 new LED Street Name Signs at the following four intersections: a) Martin Luther King Jr. Boulevard & Atlantic Avenue, b) Martin Luther King Jr. Boulevard & Bullis Road, c) Martin Luther King Jr. Boulevard & Imperial Highway, and d) Long Beach Boulevard & Imperial Highway; and
WHEREAS, on January 18, 2024, California Street Lighting submitted a quote for the proposed work and on February 20, 2024, a contract was awarded in the amount of $28,800; and
WHEREAS, the construction on the Project started on March 11, 2024; and WHEREAS, the final date of construction was March 22, 2024 and all work was completed in accordance with the project plans and specifications; and WHEREAS, the total construction cost including change orders, project management, construction management, inspection, and other cost is $79,778.97; and WHEREAS, the total construction budget was $81,000.00; and WHEREAS, no additional appropriation was needed.

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

Section 2. That the City Council of the City of Lynwood accepts the Installation of 16 LED Street Name Signs as part of the Annual Street Name Sign Replacement FY 2024 Project (CIP 4011.68.137), as complete in accordance with contract documents.

Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office.
44 2
Section 4. The City Council authorizes the release of the 5% retention 35 days after acceptance.

Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7 . 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
45 3
PASSED, APPROVED and ADOPTED this 2nd day of July 2024.

José Luis Solache
Mayor
ATTEST:

Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Ernie Hernandez
City Attorney City Manager
Julian Lee
Director of Public Works
46 4

STATE OF CALIFORNIA )
)

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

Maria Quinonez, City Clerk
47 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Gabriel Linares PE, Community Development Director
SUBJECT:

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH HDL FOR BUSINESS LICENSE ADMINISTRATIVE SERVICES
Agenda Item # 8.4.

Recommendation:

APPROVE SECOND AMENDMENT TO PROFESSIONAL SERVICES AFREEMENT WITH Hdl COMPANIES FOR AN ONLINE REVENUE AND FEE ADMINISTRATION SERVICE

SOLUTION, AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $26,600.00 FOR THE FIRST YEAR.

Background:

On October 18, 2022, the City Council approved a professional service agreement with Hdl Companies to provide Business License online services. On March 19, 2024 the City Council approved the first amendment to the HDL professional service agreement extending the contract for business license services an additional year until to October 17, 2024.

The Community Development Department has learned more about the services provided by Hdl and the efficiency gained from the online business license portal. Community Development has researched additional opportunities available for streamlining the collection of Cannabis annual and quarterly fees.

Over the past couple of years, the City has adopted multiple cannabis ordinances resulting in the potential approval of 20 cannabis non-retail businesses and 5 retail cannabis businesses.

The multi-year City process has resulted in a potential maximum of 25 cannabis business in the City. Community Development is responsible for the administration of the permits, City Council City Council Regular Meeting 48
construction, and inspections of all businesses along with the additional administrative needs, one being the collection of annual recovery dues and the collection of quarterly dues specific to the development agreements or fee structures set in place.

The City currently contracts with Hdl Companies for the administration of online business license process (initial application and renewals). Lynwood Businesses have transitioned seamlessly to obtaining the Business Licenses online and the online portal has provided the end-user the ability to make payments from anywhere, saving time and money to the businesses and City. Community Development is proposing to incorporate the online Hdl module to enhance the customer portal system in order to effectively administer the cannabis fee collection of those operating cannabis businesses.

Discussion and Analysis:

The City of Lynwood envisioned a booming Cannabis industry that once awarded a development agreement or business license, would start operations as soon as possible and begin paying their fair share of tax revenue and or quarterly fees. City and staff has come to realize that collecting the tax revenues and fees is a cumbersome and time-consuming duty.

Keeping track of the operators, owners and chasing down businesses is more than our Community Development and Finance Division staff can manage in addition to other daily duties. New tools are necessary to better manage the Cannabis industry fee collection.

In March, 2024, Community Development requested a Proposal (RFP) from Hdl for an additional online service to assist in the cannabis administration and fee collection solution.

Hdl has a Tax & Fee Administration service division that specializes in the collection of Cannabis fees. This solution integrates seamlessly with our Business license system and financial systems. Hdl's experienced revenue team can handle all aspects of operations compliance and collection of fees via software hosting, reminders, and collections. This allows staff to focus its efforts on other areas of importance, inspections, permitting, and compliance inspections.

Staff followed the purchasing ordinance section 6-3.9 Professional/Special Services when reviewing the qualifications, cost, and RFP process.

Hdl currently has a contract with the city
to administer the business license permits and therefore they are in possession of all the vendors information as the Cannabis businesses are required to obtain business license permits. Hdl's administration will increase revenues, decrease staff costs, and improve customer service.

Staff is recommending approval of the second amendment to add the additional module/service. This online module will be customized and added to our business license City Council City Council Regular Meeting 49
20240418 Lynwood HdL Cannabis Tax Admin (003).pdf
Second Amendment - HDL Professional Services Agreement.doc Resolution second Amendment - HDL (Lynwood).doc
customer portal, making a smooth transition to the Cannabis businesses.

Hdl fees are as follows.

Implementation Fee for online portal- $5,000. one-time cost Cannabis Tax Administration $900. per establishment/year + CPi

The total cannabis business approved in Lynwood is currently a max of 24 Businesses.

In 2019, there were 19 development agreements approved for Industrial non storefront but currently only 5 businesses are operating. In 2023, there were 5 retail cannabis businesses approved and none currently operating.

Therefore, the maximum annual cost will be $5,000 for implementation plus $900 x 19 businesses = $21,600, for a maximum annual total cost of $26,600.

All fees will be offset by the required $10,000 per business annual cannabis cost recovery fee.

Staff presented the Hdl amendment item to the Finance Committee on May 29, 2024 and the Finance Committee provided direction to move the second amendment forward for Council consideration at the next Council meeting.

Fiscal Impact:

The total fiscal impact for the second amendment is a cost not-to-exceed $26,600.00.

Coordinated With:

Finance Committee
City Manger
City Attorney as to form
ATTACHMENTS:

Description
City Council City Council Regular Meeting 50

City of
Lynwood, CA
Tax & Fee Administration Services
April 18, 2024

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Suite 200
Brea, CA 92821
hdlcompanies.com

CONTACT
Connor Duckworth
T: 714-879-5000
E: [email protected]
51 Dear Gabriel
Thank you for the opportunity to present this proposal for HdL’s Services. Please be advised that we maintain a busy implementation schedule throughout the year. Your position in the implementation schedule will be determined when a signed agreement is received.

This proposal is valid until: June 30, 2024. Should you have any questions, please contact me at 888.861.0220 or by email at [email protected].

Tax and Fee Services
Service Compensation
Cannabis Tax Administration $900.00/Establishment/Year + CPI Implementation Fee $5,000, one-time cost
Payment transactions are subject to typical payment processing and returned payment fees. HdL supports both agency funded (fees paid by City) and convenience fee (fees paid by taxpayer) models.

HdL ALCOHOL TAX ADMINISTRATION
General Scope of Services
HdL’s cannabis tax administration service goes beyond scheduled cyclical audits, providing compliance monitoring of each return as it is filed while unburdening the City from the day-to-day administration of the cannabis tax revenue program. Continual monitoring of returns is the optimal way to increase compliance while maintaining positive relations with the City’s cannabis providers.

The program is education focused, ensuring that cannabis providers are clear on reporting requirements and methodology. HdL’s tax administration professionals are available as needed to support both the City’s team and the City’s cannabis providers. The City is kept up to date, with 24x7 online access to HdL’s client portal containing real time access to registration and filing data, and management reporting. HdL’s administration service incorporates all of the following:

Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to cannabis tax into HdL’s internal administration tools . HdL will maintain the data, software, online filing portal, and online client portal for the City.

Return Processing – HdL will process filings within 5 days of submission. Accounts will receive all applicable forms necessary to complete the renewal process.

Payment Posting / Processing – HdL will process all payments made for new and existing providers. Accounts will be updated with payment information and revenues will be remitted to the City net HdL’s fees on no less than a monthly basis. 52 On-Line Filing & Payment Processing – With input from the City, HdL crafts a customized website and domain for the City’s taxpayers to submit online forms, returns, and payments along with other customer support related items.

Compliance Monitoring– HdL will ensure accurate filings of returns by consistently monitoring returns and educating cannabis providers on filing requirements.

Reports – HdL’s administration service includes a variety of standard reports demonstrating account activity and filing trends . During service implementation HdL will work with the City to identify reporting requirements and frequency/method of delivery and will supplement our standard service with custom reports as needed to meet the City’s requirements.

Progress Payments – HdL’s cannabis administration service is billed monthly based on activity completed during the prior month. If standalone audits are conducted, they are billed only upon completion of the audit.

Customer Support Center – HdL will provide cannabis providers with multiple support options for registering, filing returns, making payments and for general inquiries . A toll-free number will be provided to businesses in order to access one of our tax specialists. Alcohol providers will also have access to support via e-mail, fax, and the online Business Support Center. 53 SECOND AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT WITH hdL COMPANIES
This SECOND AMENDMENT (“Second Amendment”) is made and entered into this 2 nd day of July, 2024 (“Effective Date”), by and between the City of Lynwood, municipal Corporation (hereinafter the "City") and Hinderliter De Llamas & Associates (hereinafter the “Consultant or “HDL”).

WHEREAS, on October 18, 2022, the City Council approved a Professional Services Agreement for the period October 18, 2022 to October 17, 2023 (“Master Agreement”) at a not-to-exceed amount of $75,000 to provide support for Business License Services; and
WHEREAS, on March 19, 2024, the City Council approved a first amendment to extend the psa an additional year, to no later than October 17, 2024 at a not-to-exceed amount of $80,000 to provide support for Business License Services: and WHEREAS, the City and the Consultant wish to amend the term of the Master Agreement for the addition of Cannabis fee tax administration and collection at a not-to- exceed amount of $26,600.

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

SECTION 1. Section XXX of the Master Agreement, entitled XXXXXXXXXXX shall be amended to read:

Term of Agreement. This Second Amendment shall commence on July 2, 2024 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit B are completed; but no later than October 17, 2024 unless sooner terminated pursuant to the provisions of this Second Amendment.

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

Compensation.

A. City agrees to compensate Consultant for services under this second Amendment in compliance with the schedule set forth in Exhibit B attached to the Master Agreement. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.
54 2
B. Total payment to Consultant pursuant to this Second Amendment shall not exceed the amount of Eighty Thousand Dollars ($26,600).

Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.

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

IN WITNESS WHEREOF, City and Consultant have caused this Second Amendment to be executed by their duly authorized representatives as of the day and year first above written.
“Consultant or Hinderliter De Llamas &
Associates”
Date:______________ ________________________________
By: Robert Gray, CIO
“City”

CITY OF LYNWOOD
Date:______________ _______________________________
Jose L. Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
55 3

APPROVED AS TO FORM APPROVED AS TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager 56 SECOND AMENDMENT
TO PROFESSIONAL SERVICES AGREEMENT WITH hdL COMPANIES
This SECOND AMENDMENT (“Second Amendment”) is made and entered into this 26 th day of June, 2024 (“Effective Date”), by and between the City of Lynwood, municipal Corporation (hereinafter the "City") and Hinderliter De Llamas & Associates (hereinafter the “Consultant or “HDL”).

WHEREAS, on October 18, 2022, the City Council approved a Professional Services Agreement for the period October 18, 2022 to October 17, 2023 (“Master Agreement”) at a not-to-exceed amount of $75,000 to provide support for Business License Services; and
WHEREAS, on March 19, 2024, the City Council approved a first amendment to extend the PSA an additional year, to no later than October 17, 2024 at a not-to-exceed amount of $80,000 to provide support for Business License Services: and WHEREAS, the City and the Consultant wish to amend the term of the Master Agreement for the addition of Cannabis fee tax administration and collection at a not-to- exceed amount of $26,600.

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

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

Term of Agreement. This Second Amendment shall commence on June 27, 2024 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit B are completed; but no later than October 17, 2024 unless sooner terminated pursuant to the provisions of this First Amendment.

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

Compensation.

B. Total payment to Consultant pursuant to this Second Amendment shall not exceed the amount of Twenty Six Thousand Six Hundred and 00/100 Dollars ($26,600). 57 2
C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Second Amendment, Consultant shall be entitled to reimbursement of such expenses.

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

CITY OF LYNWOOD
Date:______________ _______________________________
Jose L. Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
58 3

APPROVED AS TO FORM APPROVED AS TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Ernie Hernandez, City Manager 59 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Gabriel Linares, Director of Community Development
SUBJECT:

APPROVAL OF A THIRD AMENDMENT TO THE AGREEMENT WITH
TIERRA WEST ADVISORS, INC. TO PROVIDE CONTINUED ADVISORY

AND IMPLEMENTATION SERVICES AND ONGOING PROJECT
MANAGEMENT FOR DTSC-ECRG ROUND TWO (2) GRANT
Agenda Item # 8.5.

Recommendation:

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

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

ANGELES, STATE OF CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE,

IN A FORM SATISFACTORY TO THE CITY ATTORNEY, A THIRD AMENDMENT TO THE AGREEMENT WITH TIERRA WEST ADVISORS, INC. TO PROVIDE CONTINUED

ADVISORY AND IMPLEMENTATION SERVICES AND ONGOING PROJECT MANAGEMENT FOR THE DTSC-ECRG ROUND TWO (2) GRANT." (CD) Background:

The Community Development Department is seeking support to assist with economic development and various projects that support the health and wellbeing of the Community.

Staffing within the Department, as well as other Departments has experienced staff reductions over the past several years. Projects have been maturing into the implementation and development stages of the project cycle. The development of the Alameda Triangle Project (“Project/Site”) is now closer to reality with the City’s award of the DTSC-ECRG Round 2 grant of $6,252,725.00, ECRG-2023-01766. The grant funds are allocated to the remediation of environmental impacts in the Project Site. The City, in an effort to provide further economic development within the City is implementing the Lynwood Transit Area Specific Plan in order City Council City Council Regular Meeting 60
to approve the mixed use project consisting of commercial development and affordable housing. Project support for ongoing activities relative to the DTSC-ECRG Grant Round Two (2) and the Triangle Project will be provided by Tierra West Advisors, Inc. (“Tierra West”).

Tierra West will continue its efforts to assist in the mission of the Department to promote and enhance the quality of life in the City of Lynwood by protecting the health, safety, and welfare of residents and the business community with economic development support.

Discussion and Analysis:

Over the past three (3) years, the City has been working with Tierra West to provide services to secure DTSC-ECRG Grant funding to characterize the environmental issues at the Alameda Triangle Project Site. Tierra West guided the City through the DTSC-ECRG application process for Round two (2) funding. Funding for remediation has been awarded and secured by the City through Tierra West’s efforts with the DTSC-ECRG Grant Program.

Implementing the remediation plan on the Project Site and future development is now possible with the $6,252,725 DTSC-ECRG grant awarded to the City of Lynwood.

Having secured the DTSC Grant funding, it is essential for the City's overall operation and project management oversight, that the City retain Tierra West to oversee through completion of the ECRG grant for the Site. Staff is recommending that the City Council approve the amendment to the professional services agreement with Tierra West Advisors, Inc. to continue providing Grant administrative and monitoring services to the City for the DTSC Grant Project.

Fiscal Impact:

There is no fiscal impact to the General Fund. The total contract cost shall not exceed $300,000 annually which will be covered from the DTSC-ECRG reimbursable grant fund.

Funding will be included in the FY2024-25 budget update.

Coordinated With:

N/A
ATTACHMENTS:

Description
City Council City Council Regular Meeting 61
Third Amendment - Tierra West DTSC Remediation Services.docx Resolution - Tierra West DTSC Remediation Services.docx City Council City Council Regular Meeting 62

THIRD AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT
This Third Amendment (“Third Amendment”) to Tierra West Advisors Professional Services Agreement is entered into as of July 2, 2024 by and between the City of Lynwood, a California municipal corporation ("City") and Tierra West Advisors (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S
WHEREAS, the Parties entered into a professional services agreement on January 4, 2022, for the purpose of retaining Consultant to provide advisory services to the City, including but not limited to interim staffing services, project management, planning services and other services as requested by the City (hereinafter "Master Agreement") and this Second Amendment to continue to implement required City services; and WHEREAS, the City Council approved a First Amendment to the Master Agreement on September 20, 2022; and
WHEREAS, the City Council approved a Second Amendment to the Master Agreement on August 15, 2023.

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

Section 1. Consultant’s Services
The updated scope of the specific services is included in Exhibit “A” entitled Scope of Services. The attached Exhibit A shall replace the former Exhibit A in its entirety.

Section 2. Term of Agreement
This Third Amendment shall commence on July 2, 2024 (the "Commencement Date") and shall remain and continue in effect until tasks described in updated Exhibit A are completed, but in no event later than July 1, 2026, unless sooner terminated pursuant to the provisions of the Master Agreement.

Section 3. Compensation
A. City agrees to compensate Consultant for services under the Master Agreement in compliance with the schedule set forth in the updatedExhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service.

Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.

B. Total payment to Consultant pursuant to the Master Agreement amount shall not exceed $300,000 per year.

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of the Master Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those 63 expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur such expenses; and (III) receipts documenting such expenses.

Section 4. Incorporation of Agreement
Except as expressly amended herein, all of the terms and conditions of the Master Agreement shall remain in full force and effect and are ratified by each Party. The Third Amendment and the Master Agreement shall be read together and are understood to contain the entire contract of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations understandings or agreements. The Parties agree that if any provisions of this Third Amendment conflict with the Master Agreement, the First Amendment or the Second Amendment, then the provisions of this Third Amendment shall prevail. If any portion of this Third Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

IN WITNESS WHEREOF, the Parties enter into this Third Amendment.

CITY OF LYNWOOD
(“CITY”)
By:

Ernie Hernandez, City Manager Date

TIERRA WEST ADVISORS
(“CONSULTANT”)
By:

John Yonai, Principal Date
ATTEST:

By:

Maria Quinonez, City Clerk Date
APPROVED AS TO FORM:

By:

Noel Tapia, City Attorney Date
64 memo
Tierra West Advisors, Inc.

To: Gabriel Linares, PE, CDD
Suzanne Trejo, Analyst
From: John Yonai
Lauren Yonai
CC:

Date:

Rose Acosta Yonai
April 26, 2024
Re: Tierra West Advisors, Inc. Budget Estimate
Contract Amendment –DTSC-ECRG- Round 2
Grant Funding Implementation
Pursuant to our conversation and recent emails, I’d like to thank you both for assisting with Tierra West Advisors, Inc. (TWA) with our contract amendment. The Department of Toxic Substance Control (DTSC) Equitable Community Revitalization Grant (ECRG) has awarded the City of Lynwood with a Grant for $6,252,575 to remediate the Triangle Development site. Tierra West lead the consulting team in securing the Grant and now Tierra West is prepared to implement the clean-up of the site and prepare it for redevelopment.

Previously, the 1st amendment covered four (4) primary projects that were in various stages of implementation and have outstanding invoices between the City and TWA. The primary projects include the following; Cannabis Implementation, Lynwood Springs - DTSC-ECRG grant implementation for remediation, Triangle Site - DTSC-ECRG grant implementation for Site characterization, and Project Support - Various projects, on an as needed basis.

The proposed 2nd Amendment specifically covers the project oversight for the DTSC-ECRG Round 2 Grant Funding for the remediation of the Triangle Project environmental remediation as described in the RAP (Remedial Action Plan) prepared by Ramboll and Approved by the DTSC-ECRG Team.

Triangle DTSC-ECRG
The Triangle DTSC-ECRG Grant has budgeted the costs incurred for continued testing, reviewing, drafting, on-site remediation, outreach, consultant, and City staff project management support costs.

The Grant provides for a 5% overhead fee, not to exceed $200,000, to manage the implementation of the grant.
65 memo
Grant amount for the Triangle Project:
 DTSC-ESCRG GRANT FUND
Triangle Site (900/911/912) $6,252,575
 Remediation Costs $5,792,725
 City Adm $ 25,000
 TWA Grant Management $ 175,000
 TWA/Ramboll outreach $ 100,000
 Agency Oversite/DTSC $ 160,000
For the DTSC-ECRG Grant implementation the City should be planning to invoice over the 24 month period from March 29, 2024 to June 30, 2026, approximately $25,000; these invoices should be provided to Lauren Yonai at TWA.

TWA DTSC-ECRG Grant implementation services for Round 2 is $285,000 to be expended over the next 24 months or approximately $142,500 over the next year. 66 RESOLUTION NO. _____

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

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

A FORM SATISFACTORY TO THE CITY ATTORNEY, A THIRD AMENDMENT TO THE AGREEMENT WITH TIERRA WEST ADVISORS INC. TO PROVIDE CONTINUED ADVISORY

AND IMPLEMENTATION SERVICES AND ONGOING PROJECT MANAGEMENT FOR THE DTSC-ECRG ROUND TWO (2) GRANT
WHEREAS, Tierra West Advisors Inc. (“Tierra West”) has provided services and experience to the City through its project management, planning and staffing efforts for multiple projects for the City of Lynwood for the past three years; and WHEREAS, Tierra West was the project manager for the two (2) DTSC-ECRG grants the City received for Alameda Triangle Project Site during round one (1) funding; and
WHEREAS, Tierra West assisted the City in the DTSC-ECRG Grant Round two (2) application, ECRG-2023-01766, and the City was awarded $6,252,725.00; and WHEREAS, Tierra West has been providing interim support services to the City to assist with the duties of that are essential during this time; and WHEREAS, the City Manager and Director of Community Development have determined Tierra West services are vital to the City’s overall operation; and WHEREAS, the City desires to retain the expertise, knowledge, implementation services, project management support, advisory support provided by Tierra West to maintain a consistent role in supporting the projects and efforts of the City.

WHEREAS, Tierra West, will also continue to provide project management support services to the Community Development; and
WHEREAS, Tierra West represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

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

Section 2. That the Lynwood City Council authorizes the City Manager to execute a Third Amendment to the Agreement with Tierra West Advisors to provide continued implementation services, project management support and advisory support, as outlined 67 in the attached exhibit as well provide assistance in supporting the Community Development Department, in a form approved by the City Attorney.

Section 3. There is no fiscal impact to the General Fund. The total contract cost shall not exceed $300,000 annually which will be covered from the DTSC -ECRG grant fund.

Section 4. The Fiscal Year 2024-25 Budget is hereby amended by appropriating as follows:

Fund Dept. Div. Object Description Amount
3537 51 216 62015 DTSC-ECRG Grant Fund $300,000
Section 5. The Mayor is authorized to execute this Resolution for and on behalf of the City of Lynwood.

Section 6. That this Resolution shall take effect immediately upon its adoption.

Section 7. The City Clerk shall certify as to the adoption of this City Council Resolution.

PASSED, APPROVED, AND ADOPTED THIS 4th day of June 2024. _____________________________________
Jose Solache
Mayor
ATTEST:

Maria Quinonez,
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
68 ____________________________ ____________________________ Noel A. Tapia, Ernie Hernandez,
City Attorney City Manager
69 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

PROJECT ACCEPTANCE FOR THE FERNWOOD AVENUE PARK CIP
PROJECT NO: 4011.68.037
Agenda Item # 8.6.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE FERNWOOD AVENUE PARK CIP PROJECT NO: 4011.68.037 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.”
Background:

The goal of the Fernwood Avenue Park Project (Project) was to bring an opportunity for the residents of Lynwood to enjoy outdoor recreational activities with the renovation of previous vacant land into a beautiful public city park. This park includes a walking trail, a pedestrian bridge, new landscaping, seating areas, and a custom playground. On October 12, 2021, a Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids). The bid opening took place in the PlanetBids Platform on Tuesday, December 14, 2021, at 10:00 am (PST).

The city received nine (9) bids. After review, Staff recommended that the City Council award the contract to California Landscape & Design Co., with a bid amount of $2,385,294.70.

Discussion and Analysis:

City Council City Council Regular Meeting 70
On February 1, 2022, the City awarded the contract to the lowest responsible bidder California Landscape & Design, Co. in the amount of $2,385,294.70. The Notice to Proceed was issued for construction to begin on July 11, 2022.

At the December 20, 2022, City Council meeting, the Public Works Department received approval from the City Council for the change order limit to be increased to 20% of the original construction contract ($477,059.00). This authorization covered the change order request due to contaminant removal (arsenic) using soil abatement methods and future potential change orders to guarantee fewer delays and lessen the cost in the completion of the Project.

Scope of Work:

The Project consisted of the renovation of vacant land into a public city park, including walking trail, pedestrian bridge, new landscaping, seating areas, public right of way improvements, and a custom playground to decrease impermeable surfaces and runoff, and enhance opportunities for stormwater infiltration management. The Project included educational components on water saving techniques as well as stormwater runoff reduction. Project also included off-site improvements.

Approved Budget:

The original contract amount with California Landscape & Design, Co. was $2,385,294.70.

Due to various unforeseen circumstances, fifteen (15) change orders were issued and executed throughout the Project in the amount of $460,737.52. The new contract amount including change orders was $2,846,032.22. The final date of construction was November 2, 2023.

In addition, $362,080.00 was used for the construction management/construction inspection services by Willdan and $19,600.00 for labor compliance task provided by Avant Garde Inc.

Staff’s time in project management and other related cost for this project were $47,539.30.

The total cost of this project was $3,275,252 which is under the approved budget of $3,706,337.

Description
Amount
Original Contract Amount
$2,385,294.70
(15) Change Orders
$460,737.52
Contract Management and Inspection
$362,080.00
City Council City Council Regular Meeting 71
Labor Compliance
$19,600.00
Project Management and other costs
$47,539.78
Total Cost of Project
$3,275,252.00

The Project is now ready for acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at the County Recorder’s Office. Staff will then release the 5% retention 35 days after the project acceptance.

Finally, total amount of $11,500.00 will be deducted from the contract retention payment to California Landscape & Design, Co. due to the contractor completing the project with delay of 15 days ($7,500.00) and the City providing a backflow device that was to be covered under the contractor’s warranty ($4,000.00).

Fiscal Impact:

At the time of award, the project was budgeted at $3,229,278 in funding from the Water Fund, Rivers and Mountains Conservancy (RMC) Grant, General Fund, Lease Revenue Bond, Measure R Fund and Safe Clean Water Fund for construction in Fiscal Year (FY) 22.

On December 20, 2022, Staff went to council to ask for a change order limit increase due to various unforeseen circumstances throughout the project. After review of the contract documents, the Public Works Department requested the total change order limit to be increased to 20% of the original construction contract ($477,059.00).

The Project received approval of a FY 23 Budget of $3,706,337.00.

Funding Source
Amount
General Fund
$38,649.00
Measure R
$691,818.00
RMC Grant Fund
$1,650,752.00
Measure W/SCWP
$107,150.00
2017 Lease Revenue Bond
$929,194.00
Water Fund
$288,774.00
FY23 Approved Budget
$3,706,337.00
City Council City Council Regular Meeting 72
07-02-2024 Fernwood Park Acceptance (Resolution) - JP V 5.docx

Coordinated With:

City Manager’s Office
Department of Recreation & Community Services
Department of Finance and Administration Services
ATTACHMENTS:

Description
City Council City Council Regular Meeting 73
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE FERNWOOD AVENUE PARK CIP PROJECT NO: 4011.68.037 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.

WHEREAS, on October 12, 2021, a Notice Inviting Bids (NIB) was advertised on the City’s web site (PlanetBids); and
WHEREAS, the bid opening took place in the PlanetBids platform on Tuesday, December 14, 2021, at 10:00 am (PST); and
WHEREAS, on February 1, 2022, the City awarded the contract to the lowest responsible bidder, California Landscape & Design, Co. in the amount of $2,385,294.70; and
WHEREAS, the project scope of the renovation of vacant land into a public city park, included walking trail, pedestrian bridge, new landscaping, seating areas, public right of way improvements, and a custom playground to decrease impermeable surfaces and runoff, and enhance opportunities for stormwater infiltration management. The Project included educational components on water saving techniques as well as stormwater runoff reduction. The Project also included off-site improvements; and WHEREAS, the construction of the Project started on July 11, 2022; and WHEREAS, there were fifteen (15) contract change orders executed in the amount of $460,737.52; and
WHEREAS, the final date of construction was November 2, 2023 for the Fernwood Ave Park Project CIP No. 4011.68.037 and all work was completed in accordance with the project plans and specifications; and
WHEREAS, the total construction cost including project management, construction management, inspection, and labor compliance is $3,275,252.00; and WHEREAS, the total in liquidated damages and City assistance with backflow device totaled $11,500.00 will be deducted from the contract retention payment to California Landscape & Design, Co.; and
WHEREAS, the total construction budget was $3,706,337 in General Fund ($38,649), Measure R ($691,818), RMC Grant Fund ($1,650,752), Measure W/SCWP ($107,150), 2017 Lease Revenue Bond ($929,194), and Water Fund ($288,774).; and WHEREAS, no additional appropriation was needed.
74 1

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

Section 2. That the City Council of the City of Lynwood accepts the Fernwood Ave Park Project No. 4011.68.037 as complete in accordance with contract documents.

Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office.

Section 4. The City Council authorizes the release of the 5% retention 35 days after acceptance.

Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7. The City Clerk shall certify the adoption of this resolution and hereafter the same shall be in full force and effect.

Signatures on Next Page
75 3
PASSED, APPROVED and ADOPTED this 2nd day of July 2024.

José Luis Solache
Mayor
ATTEST:

Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Ernie Hernandez
City Attorney City Manager
Julian Lee
Director of Public Works
76 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 2nd day of July 2024, and passed by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

Maria Quinonez, City Clerk
77 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Julian Lee, Director of Public Works
SUBJECT:

PROJECT ACCEPTANCE FOR THE PARKING LOT PAVEMENT

IMPROVEMENT WORK AT LOS ANGELES COUNTY FIRE
DEPARTMENT FIRE STATION 147 CIP No. 4011.68.119
Agenda Item # 8.7.

Recommendation:

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

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE

PARKING LOT PAVEMENT IMPROVEMENT AT LOS ANGELES COUNTY FIRE DEPARTMENT FIRE STATION 147 CIP NO. 4011.68.119 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.”
Background:

The Los Angeles County Fire Department requested assistance from the City of Lynwood for an assessment of the existing conditions of Fire Station 147. The City consulted with Infrastructure Engineers (IE) to review the existing conditions of Los Angeles County Fire Station 147. IE reviewed Fire Station 147, and provided a detailed list of needed repairs and replacements. Recommended improvements included: replacing the apparatus bay concrete floor, installing perimeter fencing and gate, and pavement repairs to the parking lot.

On July 26, 2023, staff sent an informal request to multiple contractors soliciting bids for Fire Station 147 back parking lot pavement improvements. Two (2) contractors attended the visit at the project site to discuss the scope of work.

On August 2, 2023 the City received two quotes
City Council City Council Regular Meeting 78
for the back-parking lot pavement improvement work at Los Angeles County Fire Department Station 147.

Discussion and Analysis:

On September 19, 2023, the City awarded the contract to the lowest responsible bidder, California Paving and Grading Co., Inc. in the amount of $53,965.00. The Notice to Proceed was issued for construction to begin on November 27, 2023 .

Scope of Work:

The pavement improvement of the back parking lot at Fire Station 147 consisted of: removing the existing deteriorated asphalt area totaling approximately 5,000 sq. ft., adding two (2) inches of base material to sunken areas totaling approximately 300 sq. ft., fine grading and compacting areas to be paved, installing four (4) inches of asphalt to areas totaling approximately 3,740 sq. ft., installing eight (8) inches of reinforced concrete to an area totaling approximately 1,260 sq. ft. directly behind the apparatus bay, and Striping for 10 parking stalls.

Approved Budget:

The original contract amount with California Paving and Grading Co., Inc. was $53,965.00 During the construction phase, Staff made a couple of adjustments in the field to accommodate the discrepancies in the working conditions of the project. There was one (1) change order executed in the amount of $6,000.00 to replace an additional area of cracked concrete totaling approximately 50 sq. ft. and to add approximately 95 sq. ft of gutter. The new contract amount including the change order was $59,965.00. The project included a cost of $1,500.00 for labor compliance, $3,155.92 for project management and other costs. The total cost of this project was $64,620.92 which was within the FY 24 approved budget of $253,000.00 from ARPA funds.

Description
Amount
Original Contract Amount
$53,965.00
One (1) Change Orders
$6,000.00
Labor Compliance
$1,500.00
City Council City Council Regular Meeting 79
07-02-24
Fire Station 147 Parking Pavement Improvement Acceptance (Resolution) - PWD.docx
Project Management, and other costs
$3,155.92
Total Project Cost
$64,620.92

Construction was completed on December 13, 2023, and the Project is now ready for acceptance by the City Council. Once accepted, Staff can record the Notice of Completion at the County Recorder’s Office. Staff will then release the 5% retention 35 days after project acceptance.

Fiscal Impact:

This CIP project (4011.68.119) had a FY 24 Budget of $253,000.00 from ARPA funds. No additional appropriation was needed to complete the project.

Coordinated With:

City Manager’s Office
Department of Finance and Administration Services
ATTACHMENTS:

Description
City Council City Council Regular Meeting 80
1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE

PARKING LOT PAVEMENT IMPROVEMENT AT LOS ANGELES COUNTY FIRE DEPARTMENT FIRE STATION 147 CIP NO. 4011.68.119 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
WHEREAS, the Parking Lot Pavement Improvement Project consisted of but was not limited to, removal of deteriorated asphalt totaling approximately 5,000 sq. ft., installation of new asphalt to an area totaling approximately 3,740 sq. ft., and installation of reinforced concrete to an area totaling approximately 1,260 sq. ft. in the back-parking lot at Los Angeles County Fire Department Fire Station 147; and WHEREAS, on August 2, 2023, California Paving and Grading Co., Inc. submitted a quote for the proposed work and on September 19, 2023, a contract was awarded in the amount of $53,965.00; and
WHEREAS, the construction on the Project started on November 27, 2023; and WHEREAS, there was one (1) contract change order executed in the amount of $6,000.00; and
WHEREAS, the final date of construction was December 13, 2023 and all work was completed in accordance with the project plans and specifications; and WHEREAS, the total construction cost including change orders, labor compliance, project management, and other cost was $64,620.92; and
WHEREAS, the total Fiscal Year (FY) 24 approved budget was $253,000.00; and WHEREAS, no additional appropriation was needed.

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

Section 2. That the City Council of the City of Lynwood accepts the Parking Lot Pavement Improvement Project at Fire Station 147 (CIP 4011.68.119) as complete in accordance with contract documents.
81 2
Section 3. The City Council authorizes the Director of Public Works or his designee to process the recordation and filing of the Notice of Completion with the Los Angeles County Recorder’s Office.

Section 4. The City Council authorizes the release of the 5% retention 35 days after acceptance.

Section 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Lynwood.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7 . 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
82 3
PASSED, APPROVED and ADOPTED this 2nd day of July 2024.

José Luis Solache
Mayor
ATTEST:

Maria Quinonez
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

Noel Tapia Ernie Hernandez
City Attorney City Manager
Julian Lee
Director of Public Works
83 4

STATE OF CALIFORNIA )
)

AYES:

NOES:

ABSTAIN:

ABSENT:

Maria Quinonez, City Clerk

STATE OF CALIFORNIA )
)

Maria Quinonez, City Clerk
84 AGENDA STAFF REPORT

DATE:

July
2, 2024
TO:

Honorable Mayor and Members of the City Council
APPROVED BY:

Ernie Hernandez, City Manager
PREPARED BY:

Maria Quinonez, City Clerk
Nancy Blinzler, Office Assistant
SUBJECT:

NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
Agenda Item # 9.1.

Recommendation:

Staff recommends that the City Council approve and adopt the attached resolution entitled:
" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA (1)

CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF TWO (2) CITY COUNCIL MEMBERS; ONE ( 1) CITY CLERK, AND ONE (1) CITY TREASURER; (2) REQUESTING

CONSOLIDATION OF SUCH ELECTION WITH THE COUNTY OF LOS ANGELES WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3) REQUESTING THE COUNTY OF

LOS ANGELES TO PROVIDE SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH ELECTION; (4) ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE FOR SUCH ELECTION REGARDING CANDIDATE STATEMENTS; AND (5)

PROVIDING FOR THE DETERMINATION OF TIE VOTES BY LOT UNLESS THE CITY COUNCIL ADOPTS THE PROVISIONS OF ELECTIONS CODE SECTION 15651(b) PRIOR TO THE CONDUCT OF THE ELECTION RESULTING IN THE TIE VOTE" Background:

On Tuesday, November 5, 2024, a General Municipal Election is scheduled to be held for two (2) seats on the Lynwood City Council, one (1) City Clerk and one (1) City Treasurer. The City Council seats are currently held by Council Member Oscar Flores and Mayor Pro Tem Rita Soto. The City Clerk is currently Maria Quinonez and the City Treasurer is currently Luis Cuellar. The persons elected to fill these seats will serve a four year term, expiring November 2028.

Presented for your consideration are several recommendations which will have the effect of calling the election, requesting consolidation of such election with the County of Los Angeles, City Council City Council Regular Meeting 85
Election 11-5-24 Estimated Results.pdf
CC - 06.27.24 - 2024.xxx - Election Resolution for Office Contests Final.docx requesting the County to provide specific election administration services, adopting regulations for candidate statements, and providing for the determination by lot of tie votes.

If a candidate chooses to have a candidate statement in the sample ballot, the candidate will be required to pay for printing of the statement in both English and Spanish; there is a separate charge for both the translation and the printing.

Discussion and Analysis:

With approval and adoption of the items presented tonight, the Candidate filing period will open July 15, 2024 and close August 9, 2024. If nomination documents for an incumbent are not filed by 5:00 pm on August 9, 2024 the nomination period shall be extended until August 14, 2024 at 5:00 pm for persons other than the incumbent. During this period candidates may file with the City Clerk a candidate statement not to exceed the word limitation (200 words) for inclusion in the Official Sample Ballot Booklet. The statement shall be filed no later than the last day to file nomination documents.

Fiscal Impact:

The cost of consolidating our election with Los Angeles County is based on the estimate of the of March, 2024 Primary Election of $116,758.08.

Coordinated With:

City Manager
City Attorney
ATTACHMENTS:

Description
City Council City Council Regular Meeting 86
87 RESOLUTION NO. 2024.XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA (1) CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024 FOR THE ELECTION OF TWO CITY COUNCIL MEMBERS; ONE
CITY CLERK, AND ONE CITY TREASURER; (2) REQUESTING

CONSOLIDATION OF SUCH ELECTION WITH THE COUNTY OF LOS
ANGELES WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3)

REQUESTING THE COUNTY OF LOS ANGELES TO PROVIDE

SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH
ELECTION; (4) ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE FOR SUCH ELECTION REGARDING CANDIDATE
STATEMENTS; AND (5) PROVIDING FOR THE DETERMINATION OF

TIE VOTES BY LOT UNLESS THE CITY COUNCIL ADOPTS THE
PROVISIONS OF ELECTIONS CODE SECTION 15651(b) PRIOR TO THE

CONDUCT OF THE ELECTION RESULTING IN THE TIE VOTE
WHEREAS, under the provision of the laws relating to general law cities in the State of California, a General Municipal Election of the City of Lynwood (the “City”) shall be conducted on Tuesday, November 5, 2024, for the election of the following municipal officers: two (2) City Council Members; one (1) City Clerk; and one (1) City Treasurer offices for four-year terms; and
WHEREAS, it is desirable that the City’s November 5, 2024 General Municipal Election be consolidated with any and all elections to be administered by Los Angeles County (the “County”) on the same date and that the City have the same precincts, polling stations, and election officers within the City for such election; and WHEREAS, the City Council wishes for the Office of the Registrar- Recorder/County Clerk (the “Registrar”) to canvass the returns of the City’s November 5, 2024 General Municipal Election; and
WHEREAS, the City seeks the provision of election services from the Registrar relating to the conduct of the City’s November 5, 2024 General Municipal Election; and WHEREAS, the City Council approves the printing of the General Municipal Election information for the election to be held on Tuesday, November 5, 2024, in the languages requiring translation pursuant to the Voting Rights Act of 1965 and other legal provisions; and
WHEREAS, Elections Code Section 13307 provides that the City may adopt regulations pertaining to the recovery of certain costs associated with the printing, handling, translation, and mailing of candidate statements as filed with the elections officer; and
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2 WHEREAS, the City shall compensate the County for all necessary expenses incurred by the Registrar in performing election services for the City; and WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of Elections Code Section 15651(b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council hereby calls and orders a General Municipal Election on Tuesday, November 5, 2024, to be held in the City of Lynwood for the purpose of electing two (2) City Council Members for the full term of four years; One (1) City Clerk for the full term of four years; and One (1) City Treasurer for the full term of four years.

SECTION 2. That pursuant to the requirements of Elections Code section 10403, it is respectfully requested that the Board of Supervisors of the County consent and agree to the consolidation of the City’s General Municipal Election on Tuesday, November 5, 2024 with the County-administered election of the same date.

SECTION 3. That, in connection with the Registrar’s administration of the City’s November 5, 2024 General Municipal Election, the City further requests that the Registrar be authorized and directed to: (a) review and verify Vote By Mail voter applications and signatures; (b) conduct registered voter verifications (including signature verifications) associated with the processing of any proposed General Municipal Election ballot measure; (c) provide the City of Lynwood with the appropriate election precinct data, to the extent required; (d) make available to the City of Lynwood such election facilities, ballot casting equipment and assistance as may be necessary to conduct the election in compliance with state law and the Board of Supervisor’s approval; (e) canvass the election returns; (f) print and supply ballots for the election; (g) mail the City of Lynwood’s sample ballots, including ballot measure question, arguments, rebuttals and impartial analysis; and (h) administer the City of Lynwood’s General Municipal Election in all respects as if it were part and parcel of any other County- administered election, implementing all such legally required or customarily employed measures and practices as may be necessary to conduct the election in a timely and legally compliant manner.

SECTION 4. That the City of Lynwood shall reimburse the County for any costs associated with the administration of the City’s November 5, 2024 General Municipal Election.
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3 SECTION 5. That the City hereby consents to have its General Municipal Election on Tuesday, November 5, 2024, consolidated with any and all elections conducted on such date within the County.

SECTION 6. That the ballots to be used at the election shall be in form and content as required by law or as directed by the Registrar to facilitate the consolidation of the City’s November 5, 2024 General Municipal Election with the County-administered election of the same date.

SECTION 7. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 8. That vote centers for the election shall be open as required during the identified voting period pursuant to Elections Code sections 4007 and 14401.

SECTION 9. That the City Council authorizes the City Clerk to administer said election, and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 10. That pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the City’s November 5, 2024, General Municipal Election may prepare a candidate statement on a form acceptable to the County Clerk and made available through the City Clerk.

SECTION 11. That pursuant to Section 13307(a)(1) of the Elections Code, candidate statements may include the following:
(A) The name, age, and occupation of the candidate; and (B) A brief description of no more than 200 words of the candidate’s education and qualifications as expressed by the candidate himself or herself.

SECTION 12. That pursuant to Elections Code Section 13307(a)(1), candidate statements shall not include the following:
(A) The party affiliation of the candidate; or
(B) References to membership or activity in partisan political organizations.

SECTION 13. That all prospective candidates should be aware of the holding in Dean v. Superior Court (1998) 62 Cal.App.4th 638, which holds that a statement prepared by a candidate for inclusion in the voters’ pamphlet may not include comments or statements concerning the qualifications (or alleged lack of qualifications) of one’s opponents. Candidates, in an abundance of caution, should avoid making any reference to opponents in their candidate statements. Candidates should seek the advice of 90 Resolution No. 2024-XXX

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4 private legal counsel if unsure as to whether their candidate statement does or does not comply with applicable law before filing.

SECTION 14. That the candidate statement shall be filed in typewritten form at the Office of the City Clerk at the time the candidate’s nomination papers are filed. The candidate statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 15. That subject to any logistical constraints imposed by the Registrar by virtue of consolidation, the City Clerk shall have translated (from English to other languages authorized under the Voting Rights Act of 1965 and other legal provisions) and printed in the sample ballot only the candidate statement of those candidates who have properly requested it.

SECTION 16. That no candidate for any elected office of the City shall be permitted to include additional materials in the voters’ pamphlet and sample ballot package.

SECTION 17. That each candidate for any of the offices to be elected at the General Municipal Election to be conducted on November 5, 2024, who files a candidate statement shall, as a condition of having his or her candidate statement included in the sample ballot, concurrently deposit with the City Clerk an amount, as reasonably estimated by the City Clerk, to pay in advance his or her estimated pro rata share of the actual costs of printing and handling such candidate statements incurred by the City of Lynwood and/or the County Clerk as a result of providing such service at the time of filing such statement with the City Clerk. In the event that the amount paid as a deposit by a candidate includes overpayment of actual costs incurred by the City of Lynwood and/or the County Clerk, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days following the date of the election.

SECTION 18. That the City Clerk shall provide each candidate or candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 19. That the City Council has determined that the action to be taken in the event of a tie vote is as follows: by lot pursuant to Elections Code Section 15651(a), unless the City Council adopts the provisions of Elections Code 15651(b) prior to the conduct of the election resulting in the tie vote.

SECTION 20. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 21. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 91 Resolution No. 2024-XXX

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5 SECTION 22. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 23. That the City Clerk is hereby directed to deliver a certified copy of this resolution to the Board of Supervisors of the County of Los Angeles and to transmit an electronic copy to the Board of Supervisors and the Registrar-Recorder/County Clerk.

PASSED, APPROVED AND ADOPTED by the City of Lynwood at its general meeting on this 2nd day of July 2024.
__________________________
Jose Luis Solache, Mayor
ATTEST:

Maria Quinonez, CMC
City Clerk
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6 CERTIFICATION

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its special meeting thereof held in the City Hall Chamber of the City on the 2nd day of July, 2024 and passed by the following vote:

AYES: COUNCIL MEMBERS CAMACHO, FLORES, MUNOZ-GUEVARA,

MAYOR PRO TEM SOTO AND MAYOR SOLACHE
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Maria Quiñonez, CMC
City Clerk

STATE OF CALIFORNIA )
) §

COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2024.XXX on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 2nd day of July, 2024.

Maria Quiñonez, CMC
City Clerk
93

Lynwood City CouncilJuly 2, 2024

Lynwood City Council
July 2, 2024