Cities Index.
Agenda packet

Maywood City Council
January 26, 2022

Document
Agenda packet
Meeting
January 26, 2022
Body
Maywood City Council
Pages
158
Original file
7.8 MB
Text extracted from the city's file for reading and search. Open the original on maywoodca.api.civicclerk.com. That file is the official record.
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AGENDA

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, JANUARY 26, 2022 AT 7:00 PM
Maywood City Council Chambers
4319 E. Slauson Avenue, Maywood, CA 90270
www.cityofmaywood.com
I. CALL TO ORDER/ROLL CALL

CALL TO ORDER

ROLL CALL
II. CITY OFFICIALS
MAYOR
Heber Marquez

MAYOR PRO TEM
Frank Garcia

COUNCIL MEMBERS
Eduardo De La Riva
Ricardo Lara
Jessica Torres

CITY CLERK
Flor Aguiluz

CITY TREASURER
Mary Mariscal

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. COVID-19 MEETING PROCEDURES
PUBLIC ADVISORY: This meeting will be conducted pursuant to the provisions of Government Code Section 54953(e) (as amended by AB 361), which authorizes teleconferenced meetings under the Brown Act in compliance with Government Code Section 54953(e) during a proclaimed State of Emergency. For this regular meeting, members of the City Council and City Staff are permitted to attend the meeting by teleconference and such teleconference locations are not accessible to the public and are not subject to special posting requirements. Some members of the City Council and staff may attend the meeting at City Hall in the City Council Chambers located at 4319 E.

Slauson Avenue. The City Council Chambers, however, will not be open to the Public. The

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meeting will be broadcast using the Zoom platform as well as broadcasted live on the City's Facebook page.

To maximize public health and safety while still maintaining transparency and public access, members of the public can observe and participate in the meeting virtually via Zoom or follow the meeting live via the City’s Facebook page. Public participation is highly encouraged using the virtual platform. Below is information on how the public may observe and participate in the meeting.

If you would like to speak on an agenda item, you can access the meeting remotely via zoom :

Join by phone 1-669-900-6833 Enter Meeting ID: 856 4664 6497 Passcode: 454682 OR
Please click the link below to join the webinar:
https://us02web.zoom.us/j/85646646497?pwd=NS9wMHVpK1FtSldua3VXZTZNa1piZz09 Passcode: 454682
To participate in the meeting by providing public comment via teleconference/video conference:

Live real-time verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public participation period for agenda items or during the public participation period for non-agenda items. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number.

Before the meeting: You can also submit your public comments for the record in advance by 4:30 pm the day of the meeting by email to [email protected]; or if you are unable to email, please call the City Clerk's Office at (323) 562-5714. Your comment will be made part of the written record but will NOT be read verbally at the meeting.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council meeting, please contact the City Clerk’s Office, (323) 562-5714 within 48 hours of the meeting.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on an item on the agenda may use the instructions provided in section III. COVID - 19 MEETING PROCEDURES on page 1 of this agenda.

VI. PRESENTATIONS

SOCALGAS CLIMATE ADAPTATION AND RESILIENCY GRANT
SCG PRESENTERS: OSVALDO PENA AND GEOFF DANKER

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SHERIFF'S UPDATE
VII. PUBLIC HEARING

A PUBLIC HEARING FOR THE PROPOSED USES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR FISCAL YEAR 2022-2023 AND ADOPTION OF RESOLUTION NO. 6217 APPROVING THE FISCAL YEAR 2022-2023 COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM BUDGET
VIII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action.

1. MINUTES OF JANUARY 12, 2021

2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT

AGENCY APPROVING THE WARRANTS FOR PAYMENT

3. REVENUE REPORT FROM JULY - DECEMBER 2021

4. RESOLUTION NO. 6218 OF THE CITY COUNCIL OF CITY OF MAYWOOD

AUTHORIZING STAFF TO SUBMIT STATE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FY 2021-22 FUNDING APPLICATION

5. CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO ONYX PAVING COMPANY, INC. FOR SIDEWALK REHABILITATION PROJECT FY 2020- 2021 (CDBG)
IX. DISCUSSION/ACTION ITEMS

6. CITY COUNCIL APPOINTMENT OF ONE MEMBER TO THE MAYWOOD

PLANNING COMMISSION
X. CLOSED SESSION

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XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) Speakers wishing to address the City Council on a non- agenda item you may use the instructions provided in section III. COVID - 19 MEETING PROCEDURES on page 1 of this agenda.

XII. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is Wednesday, February 9, 2022 at 700 p.m.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, Flor Aguiluz, City Clerk or Shirley Quinones, Deputy City Clerk, hereby certify that this agenda was duly posted by law at 4319 E. Slauson Avenue, Maywood, CA 90270 and the City Website. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the Maywood City Hall, 4319 E. Slauson Avenue, Maywood CA 90270. If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to rising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting. In compliance with the ADA, if you need special assistance for the meeting, call (323) 562- 5723 within 72 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility.

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO.

DATE: January 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: A PUBLIC HEARING FOR THE PROPOSED USES OF THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION FOR FISCAL YEAR 2022-2023 AND ADOPTION OF RESOLUTION NO. 6217 APPROVING THE FISCAL YEAR 2022-2023

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BUDGET
RECOMMENDATION:

Staff recommends that the City Council, after holding a public hearing, adopt Resolution No. 6217 approving the FY 2022-2023 Community Development Block Grant (CDBG) program budget.

BACKGROUND:

Each program year, the City receives an annual Community Development Block Grant (CDBG) allocation from the U.S. Department of Housing and Urban Development (HUD) through the Los Angeles County Development Authority (LACDA).The CDBG allocation from the LACDA for Fiscal Year (FY) 2022-2023 will form part of the City’s General Budget.

It is estimated that the City’s allocated funding will be $421,488. As a CDBG Subrecipient of the LACDA, the City of Maywood must submit a CDBG Program Planning Summary describing the proposed programs and funding allocations for FY 2022-2023 by February 3, 2022.

The intended use of this funding is for various community development programs and projects to benefit lowand moderate-income persons.

DISCUSSION:

The CDBG Program seeks to ensure that the needs and resources of the community are included in a comprehensive planning effort to revitalize distressed neighborhoods and help low- and moderate-income residents.

Currently, CDBG funds are used to fund a portion of the Graffiti Removal Program, Code Enforcement, and the Sidewalk Rehabilitation Project.

HUD encourages and requires that the City involve the general public in the development of the City’s CDBG Program. This public hearing was noticed through the attached public hearing notice, pursuant to HUD and LACDA requirements, and complies with citizen participation regulations.

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The public hearing is a part of HUD’s public participation process and is one of the primary vehicles for community involvement in the City’s CDBG planning process.

PROPOSED FY 2022-2023 CDBG PROGRAM DESCRIPTIONS
Graffiti Removal Program:

The Graffiti Removal program provides for the removal of graffiti from public areas and private property where graffiti is visible from the public right-of-way. CDBG funds pay for graffiti removal contractor services. CDBG program regulations identify graffiti abatement as a public service, which is subject to a twenty percent (20%) cap of the annual allocation (20% of $421,488 = $84,298). The LACDA increased the public service cap from 15% to 20% for FY 2022-2023. This increase will offset the amount of General Funds used to pay for the balance of the Graffiti Removal Program budget. FY 2022-2023 funding request is $84,298.

Code Enforcement:

The Code Enforcement program aids in the elimination of substandard housing, removal of blighted conditions, promoting property maintenance, and ensuring conformance with City zoning and building ordinances, as well as State and County Health codes. CDBG funds pay for the salary of one (1) Code Enforcement Officer, a portion of the salaries of the Director of Building and Planning, Assistant Planner, Finance Director, Fund Accountant, and for non-personnel costs associated with program implementation. In addition, CDBG funds are used for project administration which is up to a maximum of 20% of the project allocation. The allocation for CDBG administration is $36,000 (approximately 18% of $196,800). FY 2022-2023 funding request is $196,800.

Sidewalk Rehabilitation Project:

The Sidewalk Rehabilitation Project will provide funding for various repairs to damaged sidewalks, curbs and gutters, driveway approaches, adjacent asphalt pavement, and additional items associated with sidewalk repairs in targeted locations throughout the City. CDBG funds are used for design, engineering, plans and specifications, and construction costs associated with project implementation. The proposed allocation includes funding for CDBG project administration and contract compliance. The FY 2022-2023 funding request is $140,390.

The cost of project administration, coordination, monitoring, reporting, and contract compliance services are charged on a project-based model which allows the City to pay for costs associated with meeting the regulatory requirements on a per project basis. CDBG funds are used to reimburse the City for personnel and non-personnel costs, including the funding for contract services required for CDBG project administration. The City’s CDBG contracted services include the CDBG Program Consultant.

LEGAL REVIEW:

The City Attorney has reviewed this staff report.

FISCAL IMPACT:

Fiscal Year 2022-2023 funding for the Community Development Block Grant (CDBG) Program is estimated at $421,488. Approval of the proposed CDBG funding allocations will be incorporated into the Fiscal Year 2022- 2023 City Budget. The CDBG Program does not impact the City's General Fund budget.

ATTACHMENT(S)

1. Public Hearing Notice 12302021

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AGENDA ITEM No.

RESOLUTION NO. 6217

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MAYWOOD APPROVING FISCAL YEAR 2022-2023 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM BUDGET
WHEREAS, on August 22, 1974, the President of the United States signed into law the Housing and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City will receive a Community Development Block Grant (CDBG) allocation from the Los Angeles County Development Authority in the amount of $421,488 in FY 2022-2023 CDBG funds; and WHEREAS, staff has prepared the proposed FY 2022-2023 CDBG program budget to the City Council attached hereto as Exhibit “A”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the Maywood City Council approve CDBG program budget as set forth in Exhibit A and instruct staff to submit the CDBG Program Planning Summary for approval to the Los Angeles County Development Authority.

SECTION 2. That the City Manager is authorized to execute the contractual and related documents to be prepared by the County of Los Angeles that are required for the implementation of the CDBG Program.

SECTION 3. That the City Manager is authorized to adjust the program budget as necessary to take into account the final CDBG allocation from the U.S. Department of Housing and Urban Development (HUD) and any amounts remaining unspent at the close of the fiscal year.

PASSED, APPROVED AND ADOPTED this 26th day of January, 2022.

_______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Flor Aguiluz, City Clerk Roxanne Diaz, City Attorney

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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Flor Aguiluz, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6217 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 26th day of January, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Flor Aguiluz, City Clerk

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EXHIBIT A
CDBG Program Budget FY 2022-2023

PROGRAM ALLOCATION UNALLOCATED TOTALS

PUBLIC SERVICE ACTIVITIES
(20% of Annual Allocation: $84,298)
Graffiti Removal Program $ 84,298 $ 84,298

CODE ENFORCEMENT
Code Enforcement Program $ 196,800 $ 196,800

PUBLIC WORKS PROJECT
Sidewalk Rehabilitation Project $ 140,390 $ 140,390
TOTAL ALLOCATION $ 421,488 $ - 0 - $ 421,488

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AGENDA 1
ITEM NO. _____

MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, JANUARY 12, 2022 AT 7:00 PM
I. CALL TO ORDER/ROLL CALL
Mayor Marquez called to order at approximately 7:02 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Heber Marquez (teleconference) Flor Aguiluz (teleconference)

MAYOR PRO TEM CITY TREASURER
Frank Garcia (teleconference) Mary Mariscal (teleconference)

COUNCIL MEMBERS CITY MANAGER
Eduardo De La Riva (teleconference) Jennifer E. Vasquez (teleconference) Ricardo Lara (teleconference)
Jessica Torres (teleconference) CITY ATTORNEY
Roxanne Diaz (teleconference)
STAFF PRESENT:

Hrant Manuelian, Finance Director (teleconference)
Steve Fowler, Director of Building and Planning (teleconference) Shirley Quinones, Deputy City Clerk (present)
III. COVID-19 MEETING PROCEDURES
PUBLIC ADVISORY: THE CITY COUNCIL CHAMBERS ARE NOT OPEN TO THE PUBLIC pursuant to the provisions of Government Code Section 54953(e) (as amended by AB 361), which authorizes teleconferenced meetings under the Brown Act in compliance with Government Code Section 54953(e) during a proclaimed State of Emergency.

OBSERVERS WERE ABLE TO VIEW THE MEETING LIVESTREAMED VIA THE CITY’S FACEBOOK AT:

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https://www.facebook.com/cityofmaywood OR BY ZOOM AT:

Teleconference 1-669-900-6833 Meeting ID: 883 9674 8196 Passcode: 454940 or
https://us02web.zoom.us/j/88396748196?pwd=VUxaQXFLUjh1aFp3SS9pdFM0TmNjQT09 Passcode: 454940
Live real-time verbal public comments were made by members of the public joining the meeting via the Zoom platform.

IV. MAYOR, COUNCILMEMBERS AND STAFF COMMENTS
Mayor, Council Members and City Manager provided community updates.

V. PUBLIC PARTICIPATION (Agenda Items; Time allotted: 3 minutes) The following spoke on Agenda items:
1) David Perez (via teleconference)
2) YA (via teleconference)
VI. PRESENTATIONS
None
VII. PUBLIC HEARING
None
VIII. CONSENT CALENDAR

1. MINUTES OF DECEMBER 22, 2021 CITY COUNCIL MEETING
Motion to approve the Minutes of December 22, 2021 City Council Meeting by Lara. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

2. RESOLUTION NO. 6213 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT

AGENCY APPROVING THE WARRANTS FOR PAYMENT
Motion to adopt Resolution No. 6213 of the City Council of the City of Maywood and Successor Agency to the Maywood Community Redevelopment Agency approving the Warrants for Payment by Lara. Second by Mayor Pro Tem Garcia.

AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

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3. RESOLUTION NO. 6214 OF THE SUCCESSOR AGENCY OF THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF MAYWOOD APPROVING THE

PROPOSED RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND
ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2022 THROUGH JUNE 30, 2023.

Motion to adopt Resolution No. 6214 approving the Successor Agency to the former Maywood Redevelopment Agency Recognized Obligation Payment Schedule fo rete period of July 1, 2022 through June 30, 2023 and the Administrative Budgets for the six-month fiscal periods from July 1, 2022 through December 31, 2022 and from January 1, 2023 through June 30, 2023 and taking certain related actions by Lara. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

4. ACCEPTANCE OF 6.6 KV STREET LIGHTING CONVERSION PROJECT ON LOMA VISTA AVENUE COMPLETED BY CALPROMAX ENGINEERING, INC. AND RELATED

ACTIONS
Motion to 1) accept project completion for the 6.6.KV Street Lighting Conversion on Loma Vista Project as performed by Calpromax Engineering, Inc. for a total amount of $137,144.33; 2) authorize the City Manager to file a project Notice of Completion with the County of Los Angeles Registrar-Record; and 3) authorize the City Manager to release a retention payment of $6,857.22 to Calpromax Engineering, Inc. withing 35 days following recordation of the Notice of Completion by Lara. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES

5. CONSIDERATION OF RESOLUTION NO. 6215 OF THE CITY COUNCIL OF THE CITY

OF MAYWOOD APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS Motion to adopt Resolution No. 6215 approving Applications for Specified Grant Funds and authorize the City Manager to execute documents related to the application by Lara. Second by Mayor Pro Tem Garcia. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES
IX. DISCUSSION/ACTION ITEMS

6. CONSIDERATION OF APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

KILEY & ASSOCIATES, LLC FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES

AND FIND THAT IT IS IN THE BEST INTEREST OF THE CITY NOT TO INFORMALLY BID THE AGREEMENT.

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Motion to approve the professional services agreement with Kiley & Associates, LLC in the form negotiated and approved by the City Manager and City Attorney, that it is in the best interest of the City not to informally bid the agreement, and approve the budget amendment of $19,500 for FY 21-22 by De La Riva. Second by Lara. AYES: De La Riva, Lara, Torres, Garcia, Marquez . PASSES X. CLOSED SESSION
None
XI. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items:
1) David Perez (via teleconference)
2) Kev Cardenas (via teleconference)
XII. ADJOURNMENT
The meeting was adjourned In the Memory of John Quiñones at approximately 7:49 p.m. to the next meeting of the Maywood City Council, Wednesday, January 26, 2022 at 7:00 p.m.
__________________________
Heber Marquez, Mayor
ATTEST:
________________________________
Flor Aguiluz, City Clerk

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AGENDA ITEM No. 2.

RESOLUTION NO. 6216

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MAYWOOD AND SUCCESSOR AGENCY TO THE MAYWOOD

COMMUNITY REDEVELOPMENT AGENCY APPROVING THE

WARRANTS FOR PAYMENT
WHEREAS, the following listed demands have been reviewed by the Director of Finance, and WHEREAS, the Director of Finance has certified to the accuracy and availability of funds for payment thereof, and
WHEREAS, the register of audited demands is hereby submitted to the City Council of the City of Maywood and Successor Agency to the Maywood Community Redevelopment Agency for approval.

NOW, THEREFORE, BE IT RESOLVED, that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $1,154,191.97 are hereby ratified:

 Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions  Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 26th day of January, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Flor Aguiluz, City Clerk Roxanne Diaz, City Attorney

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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Flor Aguiluz, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6216 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 26th day of January, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Flor Aguiluz, City Clerk

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Wednesday, January 26, 2022
Accounts Payable Amount
$ 6,474.35
$ 809,542.65
Sub-total $ 816,017.00
Wire Transfers/ACH Transactions
01/06/22 Payroll Pay Period 12/19/21 - 1/1/22 $ 40,450.30 01/06/22 CalPERS Employer Contribution 12/5/21 - 12/18/21 $ 6,636.45 01/06/22 CalPERS Employer Contribution 12/19/21 - 1/1/22 $ 6,633.85 01/09/22 California Joint Powers Insurance Authority (CJPIA) repayment plan agreement - January 2022 $ 22,355.58 01/12/22 Wells Fargo Bank - Maywood CDD Tax Alloc 2017A, A2, - Interest $ 260,971.89 01/14/22 US Bank - Analysis Service Charge $ 1,126.90
Sub-total $ 338,174.97
Total Demands $ 1,154,191.97
City of Maywood
Summary Warrants for Payment and Wire Transfers/ACH Transactions Council Meeting Date
Accounts Payable prepaid warrants for payment: Checks No. 089239 - 089248 Accounts Payable regular warrants for payment: Checks No. 089249 - 089263

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Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund 089239 P 1/19/2022 AT&T 25.50 Elevator Emergency Phone Line 12/01/21 - 12/31/21 General Fund - 01 089240 P 1/19/2022 Brinks, Inc. 180.37 January 2022 Cash Handling Service General Fund - 01 089241 P 1/19/2022 CoreLogic Solutions, LLC. 150.00 Property Finder January 2022 General Fund - 01 089242 P 1/19/2022 FedEx 44.97 Document Shipping - HR FMLA General Fund - 01 089243 P 1/19/2022 Hinderliter, de Llamas & Assoc. 1,493.04 1st Quarter Sales Tax and Audit Services General Fund - 01 089244 P 1/19/2022 Nimitz Music Supporters 3,038.75 Nimitz Music Supporters - Community Benefit Fund 12.22.21 General Fund - 01 089245 P 1/19/2022 Southern California Edison 150.82 Various Locations 12/09/21 - 01/09/22 Gas Tax - 04 089246 P 1/19/2022 Sparkletts Drinking Water Corp 67.09 City Hall Office Water General Fund - 01 089247 P 1/19/2022 Time Warner Cable 625.60 Internet & Phone Service January 2022 General Fund - 01 089248 P 1/19/2022 Quadient Finance, USA, Inc. 698.21 Postage Machine General Fund - 01 089249 1/19/2022 Amazon Capital Services 217.59 Office Supplies General Fund - 01 089250 1/19/2022 Active Universal Capital, LLC 6,285.03 Crossing Guard Services - December 2021 Gas Tax - 04 089251 1/19/2022 Amigos Del Los Rios 3,030.00 Maywood Watering Services (December 2021) General Fund - 01 089252 1/19/2022 Archive Social 2,388.00 Social Media Archive Subscription Jan 2022 - Jan 2023 General Fund - 01 089253 1/19/2022 Bartel Associates, LLC 1,750.00 CalPERS GASB 68 Report June 30, 2021 General Fund - 01 089254 1/19/2022 California Consulting, Inc. 3,250.00 Grant Writing Services: January 2022 General Fund - 01 089255 1/19/2022 CivicPlus, LLC 1,500.00 Civic Engage System Training General Fund - 01 089256 1/19/2022 County of Los Angeles Department of Animal Control 6,549.06 Animal Control Services November 2021 General Fund - 01 089257 1/19/2022 Fulcrum Arts 2,500.00 Budding Artists-Community Benefit Fund Request General Fund - 01 089258 1/19/2022 MV Cheng & Associates Inc. 6,281.25 Senior Accountant Consultant December 2021 General Fund - 01 089259 1/19/2022 Richards, Watson & Gershon 16,184.64 Legal Services General November 2021 General Fund - 01 089260 1/19/2022 Sheriff's Department 428,646.48 Public Safety Services November 2021 General Fund - 01 City of Maywood
Detail Warrants for Payment
Warrants No. 089239 to 089263
1 of 2

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Check No. Prepaids Date Vendor Name Check Amt Transaction Description Fund City of Maywood
Detail Warrants for Payment
Warrants No. 089239 to 089263
089261 1/19/2022 Staples Business Advantage 438.60 Office Supplies General Fund - 01 089262 1/19/2022 Willdan Financial Services 1,705.00 Prof Svcs User Fee Study for the City of Maywood Nov 2021 General Fund - 01 089263 1/20/2022 Los Angeles Dodgers Foundation 328,817.00 Dodgers Dreamfield Grant General Fund - 01 TOTAL: $816,017.00
2 of 2

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 3.

DATE: January 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: HRANT MANUELIAN, FINANCE DIRECTOR
SUBJECT: REVENUE REPORT FROM JULY - DECEMBER 2021
RECOMMENDATION:

Staff recommends that the City Council receive and file the Revenue Report from July – December 2021.

BACKGROUND:

In an effort to maintain transparency, the City’s Finance Department prepares a monthly Revenue report for the City Council’s review. The Revenue Report is a tool used by the Council to monitor and oversee the financial health of the City.

DISCUSSION:

The attached analysis compares prior YTD and current YTD Revenue The total revenue received from July – December 2021 totaled $9,871,776.51, which is 40.91% higher than the same period last year this is primarily due to an increase in special revenue funds.  GENERAL FUND - The total General Fund received totaled $3,683,535.40, which is 15.71% lower than the same period last year. This decrease is due to the CARES Act money that the City received last year, which were one time revenues from the federal government to offset the effect of the COVID pandemic. Additionally, there is a 44.52% decrease in Cannabis sales tax compared to last year. This decrease was partially offset by increases in other tax revenues such as sales, property, franchise, utility, and transient occupancy taxes. Plan check fees also increased by 40%, which is due to the economy re-opening.
 SPECIAL REVENUE FUND - The total Special Revenue Fund received totaled $6,188,241.11, which is 134.76% higher than the same period last year. The contributing factor for the difference in Special Revenue Fund is due to the payment received from the American Rescue Plan Act of 2021 (ARPA).

These Funds support cities in mitigating the fiscal effects stemming from the public health emergency caused by COVID-19. The first of two installments was received in the amount of $3,226,257, and the second and final installment is expected to be received in one year.

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LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENT(S)

1. July - December 2021 - City of Maywood FY2021-22

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C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2021-22
H - % of FY 2021-2022
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)
GENERAL FUND TAXES: A tax is a compulsory monetary contribution to the City’s revenue, assessed and imposed by the City on the activities, Taxes: expenditure, income, occupation, privilege, property, etc., of individuals and organizations.

Franchise & Collectors Fee $68,214.59 $88,134.92 $19,920.33 0.00% $325,000.00 27.12% Property Taxes $320,234.31 $347,447.69 $27,213.38 8.50% $778,480.00 44.63% Utility Users Tax $451,228.12 $482,088.16 $30,860.04 6.84% $900,000.00 53.57% Transfer Tax (Real Estate) $12,384.63 $8,007.45 ($4,377.18) -35.34% $20,000.00 40.04% Transient Occupancy Tax $22,930.69 $30,547.64 $7,616.95 33.22% $60,000.00 50.91% Cannabis Sales Tax $1,292,865.02 $717,314.09 ($575,550.93) -44.52% $3,000,000.00 23.91% Sales Tax Revenue $755,707.43 $934,179.70 $178,472.27 23.62% $2,355,904.00 39.65% Taxes Totals $2,923,564.79 $2,607,719.65 ($315,845.14) -10.80% $7,439,384.00 35.05% GENERAL FUND FEES: A fee is a charge imposed on an individual for a service that the person chooses to receive. A fee may not exceed the estimated reasonable cost of providing the particular service or product for which the fee is charged, plus overhead. Fees are charged for specific services, and fee revenue may fund only those services and related expenses. LICENSES and Licenses & Permits: PERMITS are types of fees allowing for the operation within the City.

Compliance Program Fee $0.00 0.00% $45,000.00 0.00%
Residential & Building Permits $10,631.22 $7,349.82 ($3,281.40) -30.87% $29,500.00 24.91% Public Works Permit Fees $68,873.40 $75,500.50 $6,627.10 9.62% $50,000.00 151.00% Other Fees & Permits $10,751.24 $9,475.38 ($1,275.86) -11.87% $27,100.00 34.96% Occupancy Permits $12,996.80 $8,959.70 ($4,037.10) -31.06% $13,000.00 68.92% Building Permits $30,127.44 $23,968.16 ($6,159.28) -20.44% $60,000.00 39.95% Compliance and Review Fees - Cannabis $0.00 0.00% $105,000.00 0.00% Commercial Cannabis Renewal $14,960.00 ($14,960.00) -100.00% $0.00 0.00% Parking Permits $43,171.09 $35,748.90 ($7,422.19) -17.19% $90,000.00 39.72% Apartment License $865.00 $281.25 ($583.75) -67.49% $20,000.00 1.41% Business License $10,902.88 $32,280.64 $21,377.76 196.07% $190,000.00 16.99% Vehicle License Fee - LA County $0.00 0.00% $3,173,048.00 0.00% Licenses and Permits Totals $203,279.07 $193,564.35 ($9,714.72) -4.78% $3,802,648.00 5.09% GENERAL FUND CHARGES FOR SERVICES: Charges to cover administrative costs for the provision of services. Charges for Services:

Rubbish Assessment $30,357.55 $2,787.15 ($27,570.40) 0.00% $15,000.00 18.58%

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Page 2 of 3 ends

Plan Check Fees $18,084.77 $25,485.63 $7,400.86 40.92% $45,000.00 56.63% Rents & Concessions $11,907.00 $11,907.00 $0.00 0.00% $24,000.00 49.61% Charges for Services Totals $60,349.32 $40,179.78 ($20,169.54) -33.42% $84,000.00 47.83% GENERAL FUND FINES AND FORFEITURES: Penalties imposed by the City in the form of money or goods for a violation of an ordinance, law, regulation Fines and Forfeitures: or rule.

Penalties: Apt & Bus License $1,434.25 $430.50 ($1,003.75) -69.98% $2,500.00 17.22% SEMC: Court Collections (DMV) $34,371.64 $41,085.46 $6,713.82 0.00% $100,000.00 41.09% Administrative Citations $7,500.00 $2,000.00 ($5,500.00) -73.33% $15,000.00 13.33% Parking Fines $114,615.50 $100,498.66 ($14,116.84) -12.32% $150,000.00 67.00% Fines and Forfeitures Totals $157,921.39 $144,014.62 ($13,906.77) -8.81% $267,500.00 53.84% GENERAL FUND LEASES AND CONCESSIONS: A rent or lease or payment for the use of a the City's property. Leases and Concessions:

Leased Property Rental Income $20,071.85 $25,393.90 $5,322.05 26.51% $39,345.00 64.54% Leases and Concessions Totals $20,071.85 $25,393.90 $5,322.05 26.51% $39,345.00 64.54% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:

Good Corporate Citizen Program $0.00 0.00% $40,000.00 0.00% Interest Income $12,435.19 $3,370.74 ($9,064.45) -72.89% $16,500.00 20.43% Miscellaneous Revenue $38,637.48 $25,775.47 ($12,862.01) -33.29% $17,000.00 151.62% CARES Act Reimbursement $344,534.00 ($344,534.00) -100.00% $0.00 0.00% Other (Recycle + ABx1 Reimbursement) $0.00 0.00% $0.00 0.00% Miscellaneous Revenue Totals $395,606.67 $29,146.21 ($366,460.46) -92.63% $73,500.00 39.65% GENERAL FUND RETIREE PENSION LEVY: An amount of revenue from the property tax levy approved by the voters for the purpose of paying the cost to Retiree Pension Levy: the City of the Public Employees Retirement System (PERS).

Retiree Pension Levy $609,093.62 $643,516.89 $34,423.27 5.65% $1,158,911.00 55.53% Retiree Pension Levy Totals $609,093.62 $643,516.89 $34,423.27 5.65% $1,158,911.00 55.53% General Fund Revenue Totals $4,369,886.71 $3,683,535.40 ($686,351.31) -15.71% $12,865,288.00 28.63% SPECIAL REVENUE FUND SPECIAL REVENUE FUND: Collections of revenues in special funds that must be used for the established purposes of the funds to provide an extra level of accountability and transparency.

Gas Tax $339,124.05 $352,051.51 $12,927.46 3.81% $672,770.00 52.33% Transportation Development Act (TDA)
Bikeway $0.00 0.00% $20,448.00 0.00%
Proposition A $274,517.80 $345,836.61 $71,318.81 25.98% $563,507.00 61.37% Proposition C $227,703.56 $286,866.30 $59,162.74 25.98% $467,414.00 61.37% Measure R $171,297.72 $215,170.26 $43,872.54 25.61% $350,561.00 61.38% Measure M $194,736.96 $243,301.51 $48,564.55 24.94% $397,302.00 61.24% Senate Bill 1 (SB 1) $172,995.12 $189,047.15 $16,052.03 9.28% $536,044.00 35.27% C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2021-22
H - % of FY 2021-2022
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)

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Page 3 of 3 ends

Community Development Block Grant
(CDBG) $58,935.00 $83,898.00 $24,963.00 0.00% $718,020.00 11.68% Air Quality Management District (AQMD)
Grant $9,324.63 $9,091.68 ($232.95) 0.00% $36,375.00 24.99% Supplemental Law Enforcement Services
Fund (SLESF) Grant $131,721.74 $134,292.45 $2,570.71 1.95% $155,000.00 86.64% Measure A $0.00 0.00% $353,000.00 0.00%
Lighting & Landscaping $74,259.75 $71,045.10 ($3,214.65) 0.00% $189,000.00 37.59% Successor Agency Trust Fund - City of
Maywood serves as the Successor Agency
to the Maywood Redevelopment Agency
$862,558.00 $915,345.00 $52,787.00 6.12% $1,226,567.00 74.63% Sewer Fund $118,836.02 $116,038.54 ($2,797.48) -2.35% $299,000.00 38.81% Grant/Reimb (Fed/State/County) $0.00 0.00% $531,000.00 0.00% Local Fiscal Recovery Fund $3,226,257.00 $3,226,257.00 0.00% $0.00 0.00% Special Revenue Totals $2,636,010.35 $6,188,241.11 $3,552,230.76 134.76% $6,516,008.00 94.97% Total Revenues $7,005,897.06 $9,871,776.51 $2,865,879.45 40.91% $19,381,296.00 50.93% C - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
D - Current YTD
versus Prior YTD $
Difference
E - Current YTD Prior
YTD % Difference
G - Adopted Budget FY
2021-22
H - % of FY 2021-2022
YTD Revenue
Received
(C minus B) (C divided by B minus 1) (C divided by G)

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 4.

DATE: January 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: RESOLUTION NO. 6218 OF THE CITY COUNCIL OF CITY OF MAYWOOD

AUTHORIZING STAFF TO SUBMIT STATE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FY 2021-22 FUNDING APPLICATION
RECOMMENDATION:

Staff recommends that the City Council:

1. Adopt Resolution No. 6218 (Attachment 1) authorizing staff to submit the State Department of Resources Recycling and Recovery SB 1383 Local Assistance Grant Program FY 2021-22 funding application; and

2. Authorize the City Manager to sign all applicable CalRecycle grant documents.

BACKGROUND:

The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statues of 2016. This grant program will provide the City with funding opportunities to assist in the implementation of regulatory requirements associated with SB 1383.

DISCUSSION:

CalRecycle will evaluate all incoming applications for project eligibility and determine if appropriate costs are directly related to activities to implement the SB 1383 regulations.

Eligible activities and costs related to the City include:
 Capacity Planning
 Collection
 Edible Food Recovery
 Education and outreach ( including organic waste & edible food recovery)  Enforcement and Inspection
 Program Evaluation/Gap Analysis
 Procurement Requirements (using recycled organic products – compost, mulch, electricity, and/or

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renewable gas and recycled paper and paper products)
 Record Keeping
There is only one application period. All applicants must apply by February 1, 2022, to be considered for firstround funding. The following is a timeline:

February 1, 2022: Application Due Date
March 1, 2022: Secondary Due Date for First Round Funding  Approved Resolution, and if applicable, Letters of Designation and Letters of Authorization must be uploaded to GMS by this date if it was not submitted with the application.

April 1, 2022 (tentative): Grants Awarded for First Round Funding  CalRecycle considers funding recommendations, and if approved, conditionally awards grants on this date.

June 14, 2022: Secondary Due Date for Second Round Funding  Approved Resolution, and if applicable, Letters of Designation and Letters of Authorization must be uploaded to GMS by this date if it was not submitted with the application.

September 1, 2022 (tentative): Grants Awarded for Second Round Funding  CalRecycle considers funding recommendations, and if approved, conditionally awards grants on this date.

Staff recommends submittal of the application by February 1, 2022, in order to obtain applicable funds to assist with SB 1383 compliance measures imposed by CalRecycle.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

If staff does not apply by the February 1, 2022 deadline, City will not be eligible to receive the CalRecycle funds; estimated at $37,313 for the City of Maywood. An Expenditure Itemization Summary (EIS) is required every six months and a Final Report is due at the end of the grant term if the City receives the SB 1383 funds.

ATTACHMENT(S)

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AGENDA ITEM No. 4.

RESOLUTION NO. 6218

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR

ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR

WHICH THE CITY OF MAYWOOD IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and
WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.

NOW, THEREFORE, BE IT RESOLVED that the City of Maywood, CA is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and BE IT FURTHER RESOLVED that the City Manager, or his/her designee is hereby authorized and empowered to execute in the name of The City of Maywood, CA all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project; and
BE IT FURTHER RESOLVED that these authorizations are effective from the date of adoption through JANUARY 26, 2027.

PASSED, APPROVED AND ADOPTED THIS 26th day of January, 2022. _______________________
Heber Marquez, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Flor Aguiluz, City Clerk Roxanne Diaz, City Attorney

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STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Flor Aguiluz, City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6218 was duly passed and adopted by the City Council of the City of Maywood, at a regular meeting of the City Council held on the 26th day of January, 2022 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Flor Aguiluz, City Clerk

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 5.

DATE: January 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ZIAD MAZBOUDI, CONTRACT CITY ENGINEER
SUBJECT: CONSIDERATION OF AWARD OF CONSTRUCTION CONTRACT TO ONYX PAVING COMPANY, INC. FOR SIDEWALK REHABILITATION PROJECT FY 2020-2021 (CDBG)
RECOMMENDATION:

It is recommended that the City Council Award a Contract to Onyx Paving for the FY 2020-2021 Sidewalk Rehabilitation Project for a total amount of $96,000 and authorize the Mayor to execute the contract in a form approved by the City Attorney.

BACKGROUND:

On June 24, 2020, the City Council adopted the FY 2020-2021 Capital Improvement Program (CIP), which included the sidewalk rehabilitation project FY 2020-2021 (CDBG) Project.

The project includes the removal of existing sidewalks and curb ramps at various non-contiguous locations and other incidental and appurtenant work necessary for the proper construction of new sidewalks and curb ramps at various non-contiguous locations.

On December 13, 2021, staff advertised Notice Inviting Bids (NIB) on the City’s website and on the local newspaper. Bids were due on January 12, 2022 at 10:00 AM.

DISCUSSION:

On January 12, 2022 at 11:00 AM, a total of six (6) bids were received as shown below:

Company Name Bid Amount
Onyx Paving Company, Inc. $96,000.00
DASH Construction Company, Inc. $98,777.00
CJ Concrete Construction, Inc. $114,500.00
Alfaro Communications Construction, Inc.$127,777.00
Kormex Construction, Inc. $130,000.00
Gentry General Engineering, Inc. $147,911.50
As shown on the above bid tabulation, Onyx Paving Company, Inc. submitted the lowest bid amount.

Staff conducted a bid analysis and verified CA contractor’s licensing, Department of Industrial Relations (DIR)

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registration, state and federal debarment files, and references for Onyx Paving Company, Inc. Based on the bid analysis, Onyx Paving Company, Inc. was found to be the lowest responsive bid.

It is staff’s recommendation to award a contract to Onyx Paving Company, Inc. for the sidewalk rehabilitation project FY 2020-2021 (CDBG) Project for a total amount of $96,000.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

This contract cost will be paid with budgeted CDBG funds. There is no impact to the General Fund and no additional budget is needed.

F.Y. 21-22 Impact: $96,000 Current F.Y. Budget: $391,053 Fund Impacted: CDBG Budget adjustment requested: $0
Source of funds: CDBG Updated Account Budget: $391,053
Account Number: 16-611-6000-6107 For fiscal year: 21/22

ATTACHMENT(S)

1. Agreement with Onyx Paving Company

2. Onyx Paving Company Bid

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Attachment No. 1 –
Agreement with Onyx Paving Company, Inc

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CONTRACT C-1

CONTRACT

CITY OF MAYWOOD CONTRACT FOR
SIDEWALK REHABILITATION PROJECT FY 2020-2021 (CDBG)
THIS CONTRACT (“Contract”) is made and entered this January 22, 2022 (“Effective Date”), by and between the CITY OF MAYWOOD, a California municipal corporation (“City”) and Onyx Paving, Inc., a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 630360; Class A and C-12). Contractor’s DIR registration number is 1000004798.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Sidewalk Rehabilitation Project FY 2020-2021 (CDBG) (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of ninety six thousand dollars ($96,000.00) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the

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CONTRACT C-2
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

11. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

ATTEST:

By:

CITY OF MAYWOOD
By:

Heber Marquez, Mayor
APPROVED AS TO FORM:

By:

Flor Aguiluz, City Clerk Roxanne Diaz, City Attorney
Dated:
(“CONTRACTOR”)
By:

By:

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PAYMENT BOND (LABOR AND MATERIALS) LMB-1
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Maywood (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

SIDEWALK REHABILITATION PROJECT FY 2020-2021 (CDBG) PROJECT (Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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PAYMENT BOND (LABOR AND MATERIALS) LMB-2
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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PERFORMANCE BOND PB-1
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Maywood (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

SIDEWALK REHABILITATION PROJECT FY 2020-2021 (CDBG) PROJECT (Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the
total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California

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PERFORMANCE BOND PB-2
Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-1
WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Maywood (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Maywood
City Hall
_______________________________
______________, California ________
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date
By:

Its Authorized Representative

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-2

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-3

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Maywood
City Hall
_____________________________
______________, California _______

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none,
so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-4

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-5

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Maywood
City Hall
____________________________
___________, California _______

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-6

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Maywood (“City”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-7

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Maywood
City Hall
_________________________________
_______________, California ________

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY
□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

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INSURANCE CERTIFICATES AND ENDORSEMENTS INS-8
I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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Attachment No. 2 –
Onyx Paving Company, Inc. Bid

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AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: January 26, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CITY COUNCIL APPOINTMENT OF ONE MEMBER TO THE MAYWOOD PLANNING

COMMISSION
RECOMMENDATION:

Staff recommends that the City Council consider the appointment of a member to the Planning Commission to complete the term of a vacant position which will expire on May 15, 2022.

BACKGROUND:

The Planning Commission is a five-member body that reviews and acts on matters related to planning, land use development and community development in general. The Planning Commission has an essential role in the planning process by acting as an advisory body to the City Council on all planning and development issues as well as functions as the decision-making body for a number of planning proposals.

Duties of the Planning Commission include but are not limited to holding public hearings and meetings; reviewing the General Plan; reviewing and recommending zoning code regulations; reviewing subdivision maps; and taking action on variances, conditional use permits, special use permits.

The term of a previous Commissioner, whose seat is now vacant, is set to expire on May 15, 2022.

Accordingly, in November 2021, the City began to accept applications from persons who desire to serve on the Maywood Planning Commission for the remainder of the term. The Maywood Municipal Code requires that members of the Planning Commission must, at the time of their application and throughout their term, be residents of the City or otherwise be employed in the City of Maywood. The application period closed on December 15, 2021 with no submittals. Thereafter, the City was contacted by potential applicants that wanted to verify the requirements to be a commissioner. The City subsequently received two applications as of January 3, 2022.

DISCUSSION:

As stated above, the City received two (2) applications. Staff reviewed the applications and determined that the applicants either live in the City of Maywood or are currently employed in the City. The City Council can either appoint one of these individuals or request that staff re-advertise the planning commission opening.

LEGAL REVIEW:

The City Attorney has reviewed this report.

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FISCAL IMPACT:

The Planning Commissioner stipend is $65.00 per month. No additional budget appropriation is needed.

ATTACHMENT(S)

1. Planning Commissioner App Diego Jimenez

2. Planning Commissioner App Edalat Faraz

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