Maywood City Council
May 24, 2023

AGENDA

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, MAY 24, 2023 AT 6:00 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
Frank Garcia

MAYOR PRO TEM
Mayra Aguiluz

COUNCIL MEMBERS
Jessica Torres
Eduardo De La Riva
Heber Marquez

CITY CLERK
Andrea Aguilar

CITY TREASURER
Mary Mariscal

CITY MANAGER
Jennifer E. Vasquez

CITY ATTORNEY
Roxanne Diaz
III. MEETING PROCEDURES
PUBLIC ADVISORY:The public may participate in person and or by using the virtual platform (Zoom).

Public Participation options:

1. In-Person - Council Chambers located at 4319 E. Slauson Avenue, Maywood, CA

2. Zoom: Please click the link below to join the webinar:
https://us02web.zoom.us/j/81166291326?pwd=Q29GbHJhaWdqd09SdVVVV2l1eG1SQT09 Passcode: 794561
Public Comment using a virtual platform: join in through the link 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.

3. Phone: 1-669-900-6833 Enter Meeting ID: 811 6629 1326 Passcode: 794561 Public Comment for those joining by phone, use the “raise hand” feature by pressing *9 during the public participation period for agenda items or during the public participation period for nonagenda items.

4. Before the Meeting: Public comment will be accepted 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. MEETING PROCEDURES beginning on page 1 of this agenda.

VI. PRESENTATIONS
HUB CITIES PROGRESS UPDATE: EMPOWERING YOUTH THROUGH THE MAYWOOD YOUTH

WORKFORCE PROGRAM

NATIONAL PUBLIC WORKS WEEK PROCLAMATION

RECOGNITION OF ALEXANDRA CABRALES, MAYWOOD CENTER FOR ENRICHED

STUDIES (MACES) MAGNET SCHOOL STUDENT, FOR BEING A FINALIST IN CONGRESSMAN

ROBERT GARCIA'S HIGH SCHOOL ART COMPETITON

SHERIFF'S REPORT

VII. 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 THE APRIL 26, 2023 CITY COUNCIL MEETING

2. RESOLUTION NO. 6299 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT AGENCY

APPROVING THE WARRANTS FOR PAYMENT

3. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR APRIL 2023

4. REVENUE REPORT JULY 2022 - APRIL 2023

5. AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MAYWOOD, CALIFORNIA AMENDING AND EXTENDING URGENCY ORDINANCE NO. 23-01-U REGARDING AN INTERIM PROHIBITION OF RENT INCREASES ON CERTAIN

RESIDENTIAL PROPERTIES AND FINDING THAT THE URGENCY ORDINANCE IS NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

6. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LOST WEST FOR

DESIGN SERVICES FOR THE CITY OF MAYWOOD BEAUTIFICATION PROJECT (CLEAN CALIFORNIA GRANT CYCLE 1)

7. CONSIDERATION OF APPROVING THE REIMBURSEMENT AGREEMENT BETWEEN THE MEMBER CITIES IN LCA1 FOR SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER IN AN AMOUNT NOT TO EXCEED $31,379 FOR FISCAL YEAR 2023- 2024
VIII. DISCUSSION/ACTION ITEMS

8. CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND APPLICATION

FROM INTERNATIONAL COLLEGIATE HEALTH INITIATIVE (ICHI) IN THE AMOUNT OF $10,000.

9. REVIEW AND DIRECTION ON FISCAL YEAR 2023/2024 SPECIAL REVENUES

BUDGET AND CAPITAL IMPROVEMENT PROGRAM

10. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL LICENSE

FOR MAYWOOD GREEN SOLUTION, LLC DBA HAVEN

11. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL LICENSE

FOR SINSEMILLA INDO GROUP, INCORPORATED DBA OG NATION

12. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS MANUFACTURER LICENSE FOR I.O.N. DISTRIBUTION, LLC

13. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL LICENSE FOR FIREHOUSE HEALTHCARE INDUSTRIES, INCORPORATED DBA FIREHOUSE 365

14. CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS

MICROBUSINESS LICENSE FOR MAYWOOD L'CHAIM DBA COOKIES

15. DISCUSS AND PROVIDE GUIDANCE FOR THE DIRECTION AND POSSIBLE CRITERIA

FOR THE CREATION OF A RENT STABILIZATION ORDINANCE FOR THE CITY OF

MAYWOOD

16. CONSIDERATION OF APPROVAL FOR THE ISSUANCE OF FIREWORKS STAND PERMIT TO THE TR3 CITY WILDCATS YOUTH FOOTBALL AND CHEER FOR A STAND LOCATED AT 4202 SLAUSON AVENUE

17. CONSIDERATION OF APPROVING AN AMENDMENT TO THE FUNDS ALLOCATED

FROM THE COMMUNITY BENEFIT FUND GRANT TO WOLFPACK PTO SENIOR CLASS 2023 IN THE ADDITIONAL AMOUNT OF $1,595
IX. 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. MEETING PROCEDURES beginning on page 1 of this agenda.

X. ADJOURNMENT - The next Regular Meeting of the Maywood City Council is adjourned to June 28, 2023 at 6:00 p.m.

PUBLIC ACCESS TO MEETING AGENDA AND AGENDA PACKETS
I, _______________________________, Andrea Aguilar, City Clerk or 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.

The Kick-Off Meeting provided youth with an understanding of the program along with the expectations. During this meeting Hub Cities did a presentation/orientation to the youth to give an overview of the program and describe both the program activities and program benefits to the youth.

Educational and Professional
Workshops
These workshops provided valuable
information and guidance to youth. They
helped participants enhance and
strengthen current skills. Workshops
consisted of a broad range of topics such
as, but not limited to the following:
• Career Exploration and Planning
• Job Readiness and Workplace Skills
• Soft Skills and Job search resources
(e.g., mock interviewing)
• Financial Literacy and Management;
Lifestyle and Job Retention
• Problem Solving, Critical Thinking,
Dress for Success, etc.

Paid Work Experience
The paid work experience is structured to promote career preparation through hands-on work experience. The program aims to promote youth’s work-ethic styles, interpersonal skills, time management, and problem solving skills. • 1st cohort, 13 youth are currently participating.

Weekly Meetings at Maywood City Hall
The focus of these meetings are to discuss
the program, address any questions and/or
concerns, and discuss upcoming events
and excursions.

Youth had the opportunity to participate in an excursion to the Getty Center where they expected to learn about different paintings, drawings, sculpture, illuminated manuscripts, decorative arts, and photography.

They were really excited to participate in this excursion.

The goal of this excursion was to introduce many pieces of art that many of our students would have never seen if not for an external third party introducing and connecting the art to them. This excursion was chosen to allow the youth to explore their own perception of the arts and connect them to their own lives today.

Getty Center

Leadership Development- Interactive Learning and Hands-on Simulation Flight Deck- The Interactive Learning and Hands on Simulation Flight excursion allowed youth to explore an alternative career field that may have not been considered due to lack of resources and mentorship. Outcomes include the following:
1) Understand the history and the engineering behind aircraft aviation; 2) Achieve team-building development;
3) Establish social networks with peers as they experience this activity; 4) Explore aeronautical and other engineering programs; 5) Learn of different aviation career paths;
6) Experience a jet stimulator

Youth had the opportunity to participate in an excursion to Flight Deck to learn more about engineering programs and experience a jet simulator.

This excursion was chosen to expose the youth to a handson stimulation flight which will allow youth to explore an alternative career field that may have not been considered due to poor access to resources and mentorship.

Youth had an amazing experience at Flight Deck. They got the opportunity to participate in many activities like: A short lesson, Fighter Jet Experience, The Racing Experience,
and an award ceremony at the end. They had an amazing
time working as a team. They loved that throughout their time in the jet simulator they had an instructor telling them what to do. This made the experience more enjoyable for them.

During their time at Flight Deck the youth learned many things. When we arrived, they had a 20-minute lesson and during that lesson they learned about engineering and
equipment. They also learned about how to control the
aircraft once inside and how to use the equipment and the controls. This activity made sure to have every youth
engaged and work as a team.

Battleship IOWA
Youth had the opportunity to participate in an excursion to Battleship IOWA to learn more about the engineering and history behind this amazing ship.

The youth received the opportunity to share as a group their experiences and they expressed excitement and gratitude for being able to participate in such an exciting excursion. Most of these youth had never been to Battleship IOWA which is why they had such a great time. They enjoyed learning about the maintenance and history of the ship. They got to experience what it was like to live on the ship. They also got the opportunity to recognize the American Patriots for what they did and made them realize and appreciate what they have now. Some of the youth were able to connect to this experience due to having family members who were serving which is why they were so appreciative and fell in love with this experience. Some youth were able to share their stories with everyone to better understand the history if it all. They all came together as a team not only to share their stories but to learn more.

The youth learned that the USS IOWA earned nine battle stars for World War II service and two for Korean War service. The ship also was awarded the Navy Meritorious Unit Commendation, the Navy Occupation Service Medal, the Armed Forces Expeditionary Medal and was four-time recipient of the coveted Navy “E” Ribbon.

Richard Slawson Occupational Center
The City of Maywood youth participated in
a excursion to Richard Slawson
Occupational Center in the City of Bell to
provide youth with a clear understanding of
programs that can help them reach their
goals. Whether it's for their school major or
a side job where they can be doing what
they love most. The goal of this excursion
was to provide the youth with information
on different career path opportunities that
can help them in their future. This
Excursion was chosen to empower
students to succeed by providing pathways
for educational and career opportunities.

The youth had a wonderful experience
exploring many career paths and being
able to participate in a site tour where they
got to see beforehand what it's like to take
a course there. They were very excited
throughout this tour because they were
able to win prizes and get flyers about the
specific program they were interested in.

During their time there the youth were provided the opportunity to view the classroom setting for each course. This helped the youth understand what each course consisted of. Courses like the following below:
• Accounting/Tax Prep
• Computer class
• Culinary Art: ServSafe
• Building & Grounds: Maintenance
• Medical Office Administration
• ESL/Citizenship

Maywood Giving Back Event
Application of civil engagement in an underserved region Knowledge of developing a regional event
Witness the implementation of their project ideas
Understanding of the region’s needs

Mount Saint Mary's University Tour

Many youths residing in the SELA region identify as firstgeneration college students. This poses a barrier to accessing college guidance, relevant information, and
resources. Moreover, quite often, academically challenged youth are also unable to participate in college tours
because of poor academic standing. Therefore, we a
college tour to inform first-generation college youth on financing their schooling, preparing for their undergraduate career, college life, and so forth.

Objectives:
1) Gain financial literacy on available aid (e.g.,
scholarships, FAFSA);
2) Develop college readiness skills;
3) Access relevant college information and resources;
4) Learn of the vocational courses offered;
5) Explore offered certificate programs
6) Leverage tools and guidance to apply to desired
program

The City of Maywood youth participated in an excursion to Knotts Berry Farm. During this excursion the youth received a workshop in which the youth learned about how STEM comes to life at Knott's Berry Farm!
The “Energy in Motion” tour breaks down the creative and mechanical engineering behind Knott's Berry Farm's various rides and attractions. The youth gained a greater understanding of the science behind roller coasters and got the opportunity to discuss subjects such as force, mass, inertia, and more

Program Benefits
• A real-world job experience and skills to add to resume • Career Exploration
• Career Growth
• Financial Literacy
• Life Skills
• Work Ethic
• Goal Setting
• Hands-on training
• Individualized coaching
• Lifelong learning opportunities
• Introduction to Apprenticeship or Pre-apprenticeship Programs • Paid Internships
• Wraparound services
• Supportive services
• Program Certificate of Completion
Maywood Youth Workforce Program Video
https://youtu.be/siEEPrtxGVs

City of Maywood
Proclamation
National Public Works Week
May 21 – 27, 2023
“Connecting the World Through Public Works”
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Maywood; and,
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Maywood to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and,
WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association be it now, NOW, THEREFORE BE IT RESOLVED WE, The Mayor & City Council of the City of Maywood, do hereby designate the week May 21–27, 2023 as National Public Works Week; I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life.

On this 24th day of May 2023
__________________________ _________________________________ Frank Garcia, Mayor Mayra Aguiluz, Mayor Pro Tempore
_________________________________ _____________________________ ____________________________ Eduardo De la Riva, Council Member Heber Marquez, Council Member Jessica Torres, Council Member

MINUTES

REGULAR MEETING OF THE MAYWOOD CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY

REDEVELOPMENT AGENCY
WEDNESDAY, APRIL 26, 2023 AT 6:00 PM
I. CALL TO ORDER/ROLL CALL
Mayor Garcia called to order the meeting at approximately 6:01 p.m.

II. CITY OFFICIALS

MAYOR CITY CLERK
Frank Garcia (present) Andrea Aguilar (present)

MAYOR PRO TEM CITY TREASURER
Mayra Aguiluz (present) Mary Mariscal (teleconference)

COUNCIL MEMBERS CITY MANAGER
Eduardo De La Riva (present) Jennifer E. Vasquez (present) Heber Marquez (present)
Jessica Torres (present) CITY ATTORNEY
Roxanne Diaz (present)
STAFF PRESENT:

Steve Fowler, Director of Building and Planning (present) Anthony Rainey, Interim Finance Director (present)
Karen Iniguez, Community Development Analyst (present)
III. MEETING PROCEDURES
The public was able to attend in person or via zoom.

OBSERVERS WERE ABLE TO VIEW THE MEETING IN-PERSON AND LIVESTREAMED VIA THE CITY’S FACEBOOK AT: https://www.facebook.com/cityofmaywood OR BY ZOOM AT:

Teleconference 1-669-900-6833 Meeting ID: 863 6628 8196 Passcode: 067756 or https://us02web.zoom.us/j/86366288196?pwd=bzVySmFZWnZqSDdBMm43YTVJcnVCUT09 Passcode: 067756

Live real-time verbal public comments were made by members of the public in-person or by 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: None
VI. CONSENT CALENDAR

1. MINUTES OF THE MARCH 22, 2023 CITY COUNCIL MEETING
Motion to approve Minutes of the March 22, 2023 City Council Meeting by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia.

2. MINUTES OF THE MARCH 22, 2023 SPECIAL CITY COUNCIL MEETING Motion to approve Minutes of the March 22, 2023 Special City Council Meeting by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia.

3. RESOLUTION NO. 6293 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 approve Resolution No. 6293 of the City Council of the City of Maywood and Successor Agency to the Maywood Community
Redevelopment Agency Approving the Warrants for Payment by De La Riva.

Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia.

4. REVENUE REPORT JULY 2022 – MARCH 2023
Motion to receive and file the Revenue Report from July 2022 – March 2023 by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia

5. MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR MARCH 2023
Motion to approve the Monthly Cash and Investment Report to the City Council for March 2023 by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia

6. CONSIDERATION OF ADOPTING RESOLUTION NO. 6294 OF THE CITY OF

MAYWOOD APPROVING THE APPLICATION FOR THE LAND AND WATER

CONSERVATION FUND (LWCF) FOR THE CONSTRUCTION OF THE

MAYWOOD RIVERFRONT PARK RENOVATION PROJECT
Motion to approve adopting Resolution No. 6294 of the City of Maywood approving the application for the Land and Water Conservation Fund (LWCF) for the construction of the Maywood Riverfront Park Renovation Project by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia

7. CONSIDERATION OF APPROVING AN AGREEMENT BETWEEN THE CITY OF

MAYWOOD AND HUB CITIES CONSORTIUM FOR A FINANCIAL GRANT AND

APPROVE AN APPROPRIATION OF LOCAL FISCAL RECOVERY FUNDS IN AN AMOUNT NOT TO EXCEED $100,000
Motion to approve an agreement between the City of Maywood and Hub Cities consortium for a financial grant and approve an appropriation of local fiscal recovery funds in an amount not to exceed $100,000 by De La Riva.

Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia

8. AWARD OF MAINTENANCE SERVICES CONTRACT FOR LANDSCAPE

MAINTENANCE SERVICES FOR THE DODGERS DREAM FIELD, MAYWOOD PARK.

Motion to award maintenance service contract for landscape maintenance services for the Dodger Dream Field, Maywood Park by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia

9. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO ST. ROSE OF LIMA CHURCH - ARCHDIOCESES OF LOS ANGELES, LOCATED AT 4422 E. 60TH ST. FOR AN ANNUAL FUNDRAISER AND

APPROVE THE PROPOSED CONDITIONS OF APPROVAL AS RECOMMENDED

IN THE REPORT
Motion to award an approval for issuance of a special event permit to St.

Rose Lima Church – Archdioceses of Los Angeles, Located at 4422 E. 60th St. for an annual fundraiser and approve the proposed conditions of approval as recommended in the report by De La Riva. Second by Aguiluz.

AYES: De La Riv,a Marquez, Torres, Aguiluz, Garcia

10. ADOPT RESOLUTION NO. 6295 PROCLAIMING THE TERMINATION OF A LOCAL EMERGENCY (COVID-19)
Motion to approve and adopt Resolution No. 6295 Proclaiming the termination of a local emergency (COVID-19) by De La Riva. Second by Aguiluz. AYES: De La Riva, Marques, Torres, Aguiluz, Garcia

11. SECOND READING AND ADOPTION OF ORDINANCE NO. 23-03 OF THE CITY

COUNCIL OF THE CITY OF MAYWOOD AMENDING THE GENERAL PENALTY

PROVISIONS IN THE MAYWOOD MUNICIPAL CODE AND THE

CLASSIFICATION OF PENALTIES FOR CERTAIN VIOLATIONS RELATED TO ACTIVITIES IN THE PARKS AS SET FORTH IN CHAPTER 3 OF TITLE 10 OF THE

MAYWOOD MUNICIPAL CODE
Motion to approve the second reading and adoption of Ordinance No. 23-03 of the City Council of the City of Maywood amending the general penalty provisions in the Maywood Municipal Code and the classification of penalties for certain violations related to activates in the parks set forth in Chapter 3 of Title 10 of the Maywood Municipal Code by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia

12. ADOPT RESOLUTION NO. 6296 AMENDING THE 2022-2023 OPERATING BUDGET BY ALLOCATING AQMD FUNDS FOR THE PURCHASE OF A 2023

FORD E-TRANSIT CHASSIS AND AUTHORIZE THE CITY MANAGER TO MAKE THE PURCHASE THROUGH THE NATIONAL PURCHASING COOPERATIVE –

BUYBOARD
Motion to adopt Resolution No. 6296 amending the 2022-2023 operating budget by allocating AQMD Funds for the purchase of a 2023 Ford E-Transit chassis and authorizing the City Manager to make the purchase through the national purchasing cooperative-buyboard by De La Riva. Second by Aguiluz.

AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia

13. CONSIDERATION OF A RESOLUTION NO. 6297 AMENDING THE CITY’S

CLASSIFICATION PLAN TO ADD DEPUTY CITY CLERK/EXECUTIVE ASSISTANT

TO THE CITY MANAGER, AND COMMUNITY SERVICES SUPERVISOR AND

ADOPTING THE SALARY RANGE FOR THOSE POSITIONS
Motion to approve Resolution No. 6297 amending the City’s classification plan to add Deputy City Clerk/Executive assistant to the City Manager, and Community Services Supervisor and adopting the salary range for those positions by De La Riva. Second by Aguiluz. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia
VII. DISCUSSION/ACTION ITEMS

14. RESOLUTION OF THE CITY COUNCIL AUTHORIZING STAFF TO UNDERTAKE

PROCEEDINGS TO BECOME A MEMBER CITY OF THE LOS ANGELES COUNTY

CONSOLIDATED SEWER MAINTENANCE DISTRICT, SETTING A TIME AND

PLACE FOR A PUBLIC HEARING IN CONNECTION WITH A PROPOSED ANNUAL SEWER SERVICE CHARGE COMMENCING FISCAL YEAR 2023-24, AND APPROVING PROPOSITION 218 PROCEDURES IN CONNECTION

THEREWITH

Motion to approve the resolution of the City Council authorizing staff to undertake proceeding to become a member of the Los Angeles County Consolidated Sewer Maintenance District, setting a time and place for a public hearing in connection with a proposed annual sewer service charge commencing Fiscal Year 2023-24, and approving proposition 218 procedures in connection therewith by De La Riva. Second by Garcia. AYES:

De La Riva, Marquez, Torres, Aguiluz, Garcia

15. CONSIDERATION OF APPROVAL FOR ISSUANCE OF A SPECIAL EVENT PERMIT TO SOUTHEAST - RIO VISTA YMCA, LOCATED AT 4801 EAST 58TH ST. FOR A CARNIVAL TYPE FUNDRAISER AND CONDITIONS OF APPROVAL AS

RECOMMENDED IN THIS REPORT
Motion to approve the issuance of a special event permit to Southeast – Rio Vista YMCA, located at 4801 East 58th St. for a carnival type fundraiser and the conditions of approval including the additional conditions requiring the applicant to protect the dirt area of the grass field by placing a barrier so that no one walks on the dirt area, utilizing the grass field (not the parking lot) for the small carnival space and requiring the applicant to return the grass field to its previous normal condition after the event and that the footprint of the carnival space will not be enlarged, by Garcia. Second by De La Riva. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia.

16. DISCUSSION AND DIRECTION REGARDING PROPOSED ACTIVITIES TO COMMEMORATE THE CITY’S CENTENNIAL CELEBRATION IN 2024.

Staff was provided with direction regarding proposed activities to commemorate the City’s Centennial Celebration in 2024.

17. DISCUSSION AND DIRECTION REGARDING FINANCIAL ASSISTANCE FOR

TEEN CAMP AND FAMILY CAMP OFFERED AT THE YMCA FOR MAYWOOD

RESIDENTS AND APPROPRIATING LOCAL FISCAL RECOVERY FUNDS FOR THE PROGRAM.

Motion to approve financial assistance for teen camp and family camp offered by the YMCA for Maywood Residents and appropriating local fiscal recovery funds for the program by Garcia. Second by Marquez. AYES: De La Riva, Marquez, Torres, Aguiluz, Garcia
VIII. PUBLIC PARTICIPATION (Non-Agenda Items; Time allotted: 3 minutes) The following spoke on Non-Agenda items:

1. Alberto

2. Jasmine Gonzalez

3. Usbaldo Torres

4. Rosalba Juarez

5. Camilla Giles

6. Martha Pineda

7. Laura Cortez

8. Lucia Veloz

9. Fabian Cristano

10.Rodolfo Cortes

11.Jashia

12.Maria Cruz

13.Clarrisa

14.Jules

15.Roci

16.Irma Lopez

17.Kenia Nunez

18.Cristina Sanchez

19.Allison Henry

20.Estella Mata
IX. ADJOURNMENT
Meeting adjourned at approximately 7:52 p.m. to next meeting of the Maywood City Council, Wednesday, May 24, 2023 at 6:00 p.m.
_____________________________
Frank Garcia, Mayor
ATTEST:
____________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 2.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: RESOLUTION NO. 6299 OF THE CITY COUNCIL OF THE CITY OF MAYWOOD AND

SUCCESSOR AGENCY TO THE MAYWOOD COMMUNITY REDEVELOPMENT

AGENCY APPROVING THE WARRANTS FOR PAYMENT
RECOMMENDATION:

It is staff's recommendation that the City Council receive, approve and file the Warrant Registers for:

1. Accounts Payable in the form of pre-paid warrants of check numbers 090813 through 090853 totaling $136,438.89. Regular warrants of check number 090854- 090899 and

2. Wire Transfers and Automated Clearing House (ACH) that used electronic funds transfer (EFT) dated 04/21/2023 through 05/12/2023 that covered the net payroll dated 04/09/2023 through 05/06/2023 and adopt Resolution 6299 approving Warrants for Payment.

BACKGROUND:

Staff provides warrant registers and wire transfers to City Council as part of Management Controls, which as a whole are the policies, procedures, and practices conceived and put in place to assure the following:
• the economical, efficient, and effective achievement of the City's objectives. • adherence to laws, regulations, rules for policies;
• the safeguarding of assets and information;
• the prevention and detection of fraud and error; and
• the quality of accounting records and the timely production of reliable financial and management information.

Furthermore, Internal Controls are a set of rules, procedures, and practices developed and employed to facilitate the safeguarding of the City’s assets, be they liquid (cash or investments) or fixed (infrastructure or equipment), or intangible (credit rating or information).

The City utilizes resolutions for approving warrants for payment to comply with Section 3-2.06 of the Municipal Code regarding Warrants for Payments. Exhibit A entitled Summary of Warrants and Wire Transfers/ Automated Clearing House (ACH) Transactions serves as a Management Control for complying with Section 3-2.06. Exhibit B entitled Detail of Warrants serves as evidence of Internal Controls utilized by City Finance staff that support these Management Controls for payments made by the City. These controls are carried out through the submission of all required documents supporting the invoices submitted for payment. Prior to payment, the Finance staff reviews all disbursement documents to ensure that they meet the approval requirements.

DISCUSSION:

A - PAYMENT APPROVAL - Pursuant to paragraph 37202 of the California Government Code, demands (called Warrant Demand) against the City for payment shall be audited and thereafter submitted to the City Council for approval or rejection prior to payment, either separately or in a register of audited demands and shall have attached thereto affirmation of the City Treasurer and City Finance Director certifying the accuracy of the demands and the availability of funds for payment. This is accomplished using:

A1 - WARRANT REGISTERS or checks certified or approved by the City Treasurer and Finance Director as conforming to authorized expenditures set forth in the City Council adopted City Budget.

A1.1 PREPAYMENTS – pre-paying allows the City to take advantage of allowable prompt payment discounts and make payments on due dates of invoices. This involves the issuance of checks prior to final warrant approval. Automated Clearing House (ACH) transactions are made using a network that electronically moves money between the City’s bank accounts to a payee’s bank account. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable prepaid warrants for payment. Wire Transfer is a method of electronic funds transfer from the City of Maywood to one person or organization (payrolls and fees for electronic transfers).

A1.2 REGULAR PAYMENT – To avoid late fees for payments made beyond due dates of invoices, checks are prepared prior to final warrant approval by the City Council. This is reflected in the Summary Warrants for Payment and Wire Transfers/ACH Transactions as Accounts Payable regular warrants for payment. After City Council approval, the checks are signed and distributed.

B - DOCUMENTATION – The City uses a Management Control by producing a summary document (Exhibit A - Summary Warrants for Payment and Wire Transfers/ACH Transactions) that represents the cash disbursements required and the City uses an Internal Control by producing a detailed document (Exhibit B – Detail Warrants for Payment) that details information about each check issued for Prepaids and or to-be-paid for Regular Payments. These “disbursements” are accounted for in the FY 2022-23 budget.

B1 – SUMMARY WARRANTS FOR PAYMENT AND WIRE TRANSFERS/ACH TRANSACTIONS provide an accounting of the Accounts Payable Registers, wire transfers (method of electronic funds transfer from the City of Maywood to one person or organization), and Automated Clearing House (ACH) transactions.

B2 – DETAIL WARRANTS FOR PAYMENTS provides the detailed information of approved payments made to the City's vendors and contractors by check number, identification of prepaid, date of warrant, vendor name, check amount, transaction description, and fund source. Wire transfers also enable the City to send electronic funds to the bank accounts of the City's vendors and contractors. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above-referenced dates.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The total warrants, transfers, and wires issued (net of any voided payments) during the period of 05/01/2023 through 05/24/2023 are $714,378.58
F.Y. 22-23 Impact: Various Funds as indicated in
subsequent sections below.

Current F.Y. Budget: 2022/2023
Fund Impacted:
▪ Fund-100 - General Fund = $192,305.64
▪ Fund 212 - Gas Tax - 2103, 2105, 2107,
Budget adjustment requested: Not applicable

2106, 2107.5 Fund = $87,004.36
▪ Fund 214 - Transportation Development Act
(TDA) Bikeway Fund = $0.00
▪ Fund 216 - SB-1 Road Maintenance
Rehabilitation Act Fund = $0.00
▪ Fund 221 - Proposition A Transit Fund =
$36,453.27
▪ Fund 222 - Proposition C Transit Fund =
$7,188.93
▪ Fund 224 - Measure R Transit Fund =
$102,419.00
▪ Fund 225 - Measure M Transit Fund = $0.00
▪ Fund 243 - Community Development Block
Grant (CDBG) Fund = $1,160.00
▪ Fund 251 - Street Lighting Fund = $16,669.51
▪ Fund 261 - Federal / State / County Grants
fund = $88,080.84
▪ Fund 280 - Measure W Safe Clean Water
Program Fund = $4,501.77
▪ Fund 412 - Sewer Enterprise Fund =
$1,170.00
▪ Fund 611 - Redevelopment "Successor"
Agency Fund = $0.00
Source of funds: Various funds Updated Account Budget: Not applicable Account Number: Various General Ledger (GL)
accounts
For fiscal year: 2022/2023

ATTACHMENT(S)

1. Exhibit A Summary Warrant Demand 5.24.23

2. Exhibit B Warrant Register Detail 5.24.23

AGENDA ITEM No. 2.

RESOLUTION NO. 6299
RESOLUTION NO. 6299 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, THE CITY COUNCIL FOR THE CITY OF MAYWOOD DOES HEREBY RESOLVE AS FOLLOWS:
that the listed Warrants and Wire Transfers/Automated Clearing House (ACH) Transactions for $ $714,378.58 are hereby ratified:
• Exhibit A – Summary of Warrants and Wire Transfers/ACH Transactions • Exhibit B – Detail of Warrants
PASSED, APPROVED AND ADOPTED THIS 24th day of May, 2023. _______________________
Frank Garcia, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Andrea Aguilar, City Clerk Roxanne Diaz, City Attorney

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF MAYWOOD )
I, Andrea Aguilar , City Clerk of the City Council of the City of Maywood, do hereby certify that foregoing Resolution No. 6299 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 24th day of May, 2023 by the following roll call vote, to wit:

AYES:

NAYES:

ABSENT:

ABSTAINED:
_________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 3.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: MONTHLY CASH AND INVESTMENT REPORT TO THE CITY COUNCIL FOR APRIL 2023
RECOMMENDATION:

Staff recommends that the City Council receive and file the attached cash and investment report for April 2023.

BACKGROUND:

In accordance with the City of Maywood’s Adopted Investment Policy (Resolution No. 6132 dated 08/12/2020) and to provide information to the City Council, the City’s Finance Department prepares a monthly cash and investment report for the City Council’s review. The report will show the City’s cash position at the month's end as well as investments.

DISCUSSION:

The cash and investment balances are across all funds of the City and include restricted, unrestricted, and budgeted amounts. These balances do not represent the available balance for spending as most are either restricted or have already been appropriated for in the City budget. The purpose of this report is to show the cash and investment balances as reported on a date only and does not represent the City’s available fund balance. The investment program provides sufficient liquidity to meet six months of estimated expenditures. All investments are in compliance with California state code 503600 and the City of Maywood Investment Policy.

The City maintains cash in a General Account, investments in the Local Agency Investment Fund (LAIF), investments in the California Employers' Retiree Benefit Trust (CERBT) a Section 115 trust fund dedicated to prefunding other Post-Employment Benefits (OPEB), and investments in the California Employers' Pension Prefunding Trust (CEPPT), also a Section 115 trust fund dedicated to prefunding employer contributions to defined benefit pension systems. The funds used to invest in the accounts come from unrestricted general funds as the eventual expenditures are also general fund expenditures. These accounts are administered by CalPERS, a California state agency. The attached report shows the cash and investments as of April 30, 2023.

The Cash and Investment Report is divided into three sections:

A - Non-Investment Cash Accounts representing the most "liquid" accounts available, which are

assets that can more quickly be converted into cash resources. These are the City's short-term assets.

B - Investment Accounts representing assets that take longer to convert to cash. These investments have restrictions that require them to be held over long periods of time to accrue interest. These are the City's long-term assets.

LEGAL REVIEW:

The City attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact involved with this report.

ATTACHMENT(S)

1. April 2023 Cash and Investment Report

City of Maywood, California
Cash and Investments Report
As of April 30, 2023
Description Type Ending Balance as
of 4/30/2023
A - Non-Investment Cash Accounts
A1 - US Bank Cash $7,877,059.43
A2 - Total Cash Accounts $7,877,059.43
B - Investment Accounts
B1 - Local Agency Investment Fund (LAIF)
Pooled Money
Investment Account
(PMIA)
$11,081,039.90
B2 - California Public Employees' Retirement System (CalPERS) California Employers' Retiree Benefit Trust (CERBT) Quarter Ended March 31, 2023
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$959,446.58
B3 - California Public Employees' Retirement System (CalPERS) California Employers' Pension Prefunding Trust (CEPPT) Quarter Ended March 31, 2023
Title 26 - U.S.C. 115
- Income of States,
Municipalities, etc.,
Trusts
$929,554.57
B4 - Total Investment Accounts $12,970,041.05
C - Total Cash and Investments $20,847,100.48

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 4.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: ANTHONY RAINEY, DIRECTOR OF FINANCE
SUBJECT: REVENUE REPORT JULY 2022 - APRIL 2023
RECOMMENDATION:

Staff recommends that the City Council receive and file the Revenue Report from July 2022 - April 2023.

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 (see Attachment 1) compares prior April 2022 Year-to-Date (YTD) and current April 2023 YTD Revenue.

The Total Revenue (General Fund and Special Revenue Fund) received from July 2022 - April 2023 totaled $17,989,030.08 (bottom of column B), which is 2.25% (see column D - Current YTD Prior YTD % Difference in attachment) higher than the same period last year.
• GENERAL FUND - General Fund revenues are composed of several categories: 1) Tax Revenues; 2) Licenses and Permits Revenues; 3) Charges for Services Revenues; 4) Charges for Services Revenues; 5) Leases and Concessions Revenues; 5) Miscellaneous Revenues; and 6) Retiree Pension Levy Revenues. The General Fund received a total of $9,415,483.23 (see Column entitled B - Current Fiscal Year to Date Revenue, the row entitled General Fund Revenue Totals), which is <0.87%> (Column E) less than the same period last year.

1. Tax Revenues. Tax Totals for this time period are 8.91% lower than the same period due to three factors:
▪ This time last year, the City had seven (7) cannabis operators for at least two quarters and but this year the City has four (4) cannabis operators; this is a major factor in the <35.44%> decrease in 4212 - Cannabis Sales Tax;
▪ There was a decrease in 4201 - Sales and Use Tax Revenue by <6.78%>; and lastly ▪ There was a <30.72%> decrease in 4206 - Real Estate Transfer Tax

2. Licenses and Permits Revenues. Licenses and fees totals were 7.91% higher than the same prior fiscal year period. The City's 4205 - Business License Taxes were nearly 3% higher than in the same

period last Fiscal Year, the 4305 - Public Works Permit Fees were higher by 40.24% and 4313 - Building Permits were higher by nearly 18.80%.

3. Charges for Services Revenues. These revenues were 17.50% below the same period last Fiscal Year. These revenues are charges to cover administrative costs for the provision of services of the City. This is due to the decrease in 4701 - Waste Management Assessment revenues by 92.15% less than the same period last Fiscal Year. Such revenues are only collected if the City is requested by its waste hauler to place unpaid bills on the State of California Franchise Tax Board's Interagency Intercept Collection (IIC) Program and the Los Angeles County Assessor's tax intercept rolls.

Interagency Intercept Programs are able to seize and send the amount of a debt from tax refunds of debtors. The City has not received such intercept requests over the last two years.

4. Fines and Forfeiture Revenues. These are revenues from penalties imposed by the City in the form of money or goods for a violation of an ordinance, code, regulation, or rule. 4404 - Southeast Municipal Court (SEMC) - Court Collections for the Department of Motor Vehicles (DMV) violations were 74.11% higher than the same prior year period, despite 4402 - Citations: Parking being nearly <9%> lower.

5. Leases and Concessions Revenues. These revenues are derived from rent or lease or payment for the use of the City's property. These revenues were <0.23%> lower than the prior Fiscal Year period.

6. Miscellaneous Revenues. These revenues represent General Fund revenue that is not covered in another revenue category. These revenues were 223.65% higher than the same period during the prior Fiscal Year primarily due to 4803 - Interest Income being conservatively estimated for the FY 2022-2023 revenue budget. Such income also includes interest accumulated in banking accounts where Special Revenue funds reside.

7. Retiree Pension Levy Revenues. These revenues are part of a segment of property taxes that are collected by the Los Angles County Treasurer and Tax Collector. Remittances for Fiscal Year 2022/2023 from Los Angeles County and remitted to the City in July 2022, December 2022, January 2023, April 2023, and May 2023. These are trending nearly 4% higher than the same period of the prior fiscal year.
• SPECIAL REVENUE FUND - Special Funds are revenues that must be used for the established purposes of the funds to provide an extra level of accountability and transparency. Special Revenues are nearly 6% more than the same prior year period due to increased revenue remittances for 221 - Proposition A Transit Fund, 222 - Proposition C Transit Fund, 224 - Measure R Transit Fund and 225. 243 - Community Development Block Grant (CDBG) proceeds are nearly 78% more than the same prior year period.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact with this action.

ATTACHMENT(S)

1. July 2022 - April 2023 - City of Maywood FY2022-2023

FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2022-23
F - % of FY 2022-2023
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)
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 $326,319.68 $388,594.09 $62,274.41 19.08% $535,000.00 72.63% Property Taxes $646,415.48 $680,896.98 $34,481.50 5.33% $714,301.00 95.32% 4211 - Utility Users Tax $849,030.55 $1,053,212.58 $204,182.03 24.05% $1,102,415.00 95.54% 4206 - Real Estate Transfer Tax $21,047.13 $14,582.45 ($6,464.68) -30.72% $31,000.00 47.04% 4202 - Hotel / Motel Room Transient
Occupancy Tax (TOT) $57,906.36 $63,365.88 $5,459.52 9.43% $75,000.00 84.49% 4212 - Cannabis Sales Tax $1,907,695.31 $1,231,519.86 ($676,175.45) -35.44% $1,980,241.00 62.19% 4201 - Sales and Use Tax Revenue $1,745,280.99 $1,626,956.61 ($118,324.38) -6.78% $2,200,048.00 73.95% Taxes Totals $5,553,695.50 $5,059,128.45 ($494,567.05) -8.91% $6,638,005.00 76.21% 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 Licenses & Permits: and PERMITS are types of fees allowing for the operation within the City. 4301 - Compliance Program Fee $45,000.00 $45,000.00 $0.00 0.00% $45,000.00 100.00% Residential & Building Permits $16,614.82 $18,199.60 $1,584.78 9.54% $20,000.00 91.00% 4305 - Public Works Permit Fees $131,969.50 $185,079.90 $53,110.40 40.24% $180,000.00 102.82% Other Fees & Permits $24,609.90 $14,301.28 ($10,308.62) -41.89% $17,000.00 84.13% 4320 - Occupancy Permits $13,053.90 $3,642.30 ($9,411.60) -72.10% $5,000.00 72.85% 4313 - Building Permits $63,619.55 $75,579.33 $11,959.78 18.80% $90,000.00 83.98% Compliance and Review Fees - Cannabis $0.00 $0.00 $0.00 0.00% $0.00 0.00% 4307 - Commercial Cannabis Renewal Fees $44,770.00 $89,100.00 $44,330.00 0.00% $74,250.00 120.00% 4322 - Parking Permits $54,598.90 $53,677.00 ($921.90) -1.69% $80,000.00 67.10% 4311 - Apartment License $15,471.47 $15,616.37 $144.90 0.94% $15,000.00 104.11% 4205 - Business License Tax $202,923.58 $208,948.99 $6,025.41 2.97% $200,000.00 104.47% 4107 - Motor Vehicle License Fee (VLF) in lieu
Property Tax Payment $1,626,683.69 $1,707,318.76 $80,635.07 4.96% $3,363,110.00 50.77% Licenses and Permits Totals $2,239,315.31 $2,416,463.53 $177,148.22 7.91% $4,089,360.00 59.09%

GENERAL FUND CHARGES FOR SERVICES: Charges to cover administrative costs for the provision of services. Charges for Services:
4701 - Waste Management Assessment $4,692.14 $368.22 ($4,323.92) -92.15% $2,000.00 18.41% 4704 - Plan Check Fees $56,142.44 $46,346.39 ($9,796.05) -17.45% $55,000.00 84.27% 4702 - Rents & Concessions $19,845.00 $19,845.00 $0.00 0.00% $23,814.00 83.33% Charges for Services Totals $80,679.58 $66,559.61 ($14,119.97) -17.50% $80,814.00 82.36% 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.
4401 - Penalties: Apt & Bus License $1,990.65 $5,433.41 $3,442.76 172.95% $5,500.00 0.00% 4404 - Southeast Municipal Court (SEMC) -
Court Collections $78,176.98 $136,110.57 $57,933.59 74.11% $150,000.00 0.00% 4403 - Citations: Administrative $3,100.00 $4,600.00 $1,500.00 48.39% $4,500.00 102.22% 4402 - Citations: Parking $298,989.00 $273,222.99 ($25,766.01) -8.62% $410,000.00 66.64% Fines and Forfeitures Totals $382,256.63 $419,366.97 $37,110.34 9.71% $570,000.00 73.57% GENERAL FUND LEASES AND CONCESSIONS: A rent or lease or payment for the use of a the City's property. Leases and Concessions:
4501 - Leased Property Rental Income $41,521.02 $41,426.76 ($94.26) -0.23% $50,000.00 82.85% Leases and Concessions Totals $41,521.02 $41,426.76 ($94.26) -0.23% $50,000.00 82.85% GENERAL FUND MISCELLANEOUS: A General Fund revenue not covered in another revenue category. Miscellaneous:
4817 - Good Corporate Citizen Program $20,000.00 $20,000.00 $0.00 0.00% $20,000.00 100.00% 4803 - Interest Income $14,215.29 $168,516.37 $154,301.08 1085.46% $80,000.00 210.65% 4809 - Miscellaneous Revenue $33,729.43 $48,113.81 $14,384.38 42.65% $45,000.00 106.92% 4605 - CARES Act Reimbursement $0.00 $0.00 $0.00 0.00% $0.00 0.00% 4804 -Other (Recycle + ABx1 Reimbursement) $7,185.00 $6,527.00 ($658.00) -9.16% $7,150.00 0.00% Miscellaneous Revenue Totals $75,129.72 $243,157.18 $168,027.46 223.65% $152,150.00 159.81% 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). 4830 - Retiree Pension Levy $1,125,920.66 $1,169,380.73 $43,460.07 3.86% $1,208,812.00 96.74% Retiree Pension Levy Totals $1,125,920.66 $1,169,380.73 $43,460.07 3.86% $1,208,812.00 96.74% General Fund Revenue Totals $9,498,518.42 $9,415,483.23 ($83,035.19) -0.87% $12,789,141.00 73.62% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2022-23
F - % of FY 2022-2023
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)

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. 212 - Gas Tax - 2103, 2105, 2107, 2106,
2107.5 Fund $497,207.25 $486,432.71 ($10,774.54) -2.17% $621,000.00 78.33% 214 - Transportation Development Act (TDA)
Bikeway $0.00 $0.00 $0.00 0.00% $192,000.00 0.00%
221 - Proposition A Transit Fund $580,686.80 $614,513.97 $33,827.17 5.83% $651,000.00 94.40% 222 - Proposition C Transit Fund $482,876.34 $513,546.66 $30,670.32 6.35% $750,000.00 68.47% 224 - Measure R Transit Fund $361,216.82 $455,096.58 $93,879.76 25.99% $1,184,960.00 38.41% 225 - Measure M Transit Fund $408,731.35 $393,307.95 ($15,423.40) -3.77% $1,250,000.00 31.46% 227 - LACMTA Fund $274,678.00 $274,678.00 0.00% $0.00 0.00% 216 - SB-1 Road Maintenance Rehabilitation
Act Fund $367,816.43 $370,529.88 $2,713.45 0.74% $528,284.00 70.14% 243 - Community Development Block Grant
(CDBG) $145,873.00 $258,487.00 $112,614.00 77.20% $391,053.00 66.10% 223 - Air Quality Management District (AQMD)
Fund $17,465.54 $16,008.81 ($1,456.73) -8.34% $36,375.00 44.01% 232 - Supplemental Law Enforcement Services
Fund (SLESF) Grant $161,284.85 $165,271.25 $3,986.40 2.47% $155,000.00 106.63% 272 - Measure A Parks Fund $0.00 $0.00 $0.00 0.00% $0.00 0.00% 251 - Street Lighting Fund $151,071.79 $148,970.19 ($2,101.60) -1.39% $308,000.00 48.37% 611 - Redevelopment "Successor" Agency
Fund $1,226,567.00 $1,226,343.00 ($224.00) -0.02% $0.00 0.00% 412 - Sewer Enterprise Fund $245,859.77 $247,072.26 $1,212.49 0.49% $301,614.00 81.92% 261 - Federal / State / County Grants $50,000.00 $0.00 ($50,000.00) 0.00% $0.00 0.00% 273 - Local Fiscal Recovery Fund $3,226,257.00 $3,226,257.00 $0.00 0.00% $0.00 0.00% 280 - Measure W Safe Clean Water Program
Fund $171,817.98 $177,031.59 $5,213.61 0.00% $0.00 0.00% Special Revenue Totals $8,094,731.92 $8,573,546.85 $478,814.93 5.92% $6,369,286.00 134.61% Total Revenues $17,593,250.34 $17,989,030.08 $395,779.74 2.25% $19,158,427.00 93.90% FUND / REVENUE TYPE A - Prior Fiscal Year to
Date Revenue
B - Current Fiscal
Year to Date Revenue
C - Current YTD
versus Prior YTD $
Difference
D - Current YTD Prior
YTD % Difference
E - Adopted Budget FY
2022-23
F - % of FY 2022-2023
YTD Revenue
Received
(B minus A) (B divided by A minus 1) (B divided by F)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 5.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROXANNE DIAZ, CITY ATTORNEY
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MAYWOOD, CALIFORNIA AMENDING AND EXTENDING URGENCY ORDINANCE NO. 23-01-U REGARDING AN INTERIM PROHIBITION OF RENT INCREASES ON

CERTAIN RESIDENTIAL PROPERTIES AND FINDING THAT THE URGENCY

ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION:

Staff recommends that the City Council move to waive full reading of Urgency Ordinance No. 23-03-U, and adopt Urgency Ordinance No. 23-03-U extending the sunset date of Urgency Ordinance No. 23-01-U regarding an interim prohibition of rent increases on certain residential properties until September 28, 2023.

BACKGROUND:

On February 6, 2023, the City Council adopted Urgency Ordinance. No. 23-01-U to establish an interim prohibition of rent increases on certain residential properties for sixty (90) days. City Staff is continuing to review the components of a rent stabilization program and requests that the sunset date of Urgency Ordinance No. 23-01-U be extended until September 28, 2023.

DISCUSSION:

The proposed Urgency Ordinance No. 23-03-U will extend the current sunset date of June 8, 2023 until September 28, 2023. On May 24, 2023 City Council meeting, Staff is bringing forward a high-level discussion item seeking direction on the components of a rent stabilization program. This will allow City Staff to formulate the precise components of a rent stabilization program to bring back an ordinance and recommendation to the City Council. Except for the revision to the sunset date, the remaining components of Urgency Ordinance No. 23-01-U will continue. As previously stated, a city has the ability and legal authority to regulate above the State’s Statewide Rent Stabilization law (AB 1482), and may adopt and enforce a rent stabilization ordinance.

Such an ordinance is distinct from a rental control ordinance, which is not permitted. Rent stabilization ordinances regulate subsequent rental increases.

As set forth in the Urgency Ordinance, as real estate costs continue to rise, rents too are increasing which leads to a decrease in affordability for many. Vulnerable residents who are already rent burdened and struggling with high housing costs may be subject to displacement that can lead to homelessness to the detriment of the public health, safety and welfare if they are subject to immediate rent increases. Accordingly, there is an urgent need for the immediate preservation of the public peace, health and safety to enact this ordinance on an urgency basis and continue the interim prohibition of rent increases on certain residential

properties. Such action will require a four-fifths vote, as required pursuant to Government Code Section 36937(b). If the Urgency Ordinance is adopted, it will become effective immediately and the sunset period of Urgency Ordinance No. 23-01-U will be extended to June 8, 2023. This temporary stop-gap will allow the City to undertake the necessary studies regarding a rent stabilization program.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Adoption of this Urgency Ordinance extension will not impact the City's general fund.

ATTACHMENT(S)

1. Urgency Ordinance

12501-0001\2812631v1.doc
URGENCY ORDINANCE NO. 23-03-U

AN UNCODIFIED URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF MAYWOOD, CALIFORNIA

AMENDING AND EXTENDING URGENCY ORDINANCE
NO. 23-01-U REGARDING AN INTERIM PROHIBITION OF

RENT INCREASES ON CERTAIN RESIDENTIAL

PROPERTIES

THE CITY COUNCIL OF THE CITY OF MAYWOOD DOES ORDAIN AS
FOLLOWS:

WHEREAS, the City of Maywood (“the City”) is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries that promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, rents throughout Los Angeles County are continuing to rise despite the State’s Tenant Protection Act of 2019 (Tenant Protection Act), and as housing costs rise, many local residents continue to struggle with a decrease in affordability, housing insecurity, and potential homelessness, particularly low-income households and those persons who continue to be negatively impacted by various external stresses such as inflation and COVID-19; and
WHEREAS, Los Angeles County and the cities within the County are experiencing a housing affordability crisis, which is driving homelessness and displacement of residents; and
WHEREAS, many of the City’s renters are rent-burdened, paying over 30 percent of their income on rent, and some renters are severely rent-burdened, paying over 50 percent of their income on rent, which leaves less money for families to spend on other necessitates like food, healthcare, transportation, and education; and WHEREAS, pandemic-related tenant protections under the County of Los Angeles and State of California have phased out and/or are gradually phasing out; and WHEREAS, current State law allows increasing annual rent of five percent (5%) plus the consumer price index (CPI), up to a maximum of ten percent (10%) for properties subject to the Tenant Protection Act of 2019; and
WHEREAS, on February 6, 2023, the City Council adopted Urgency Ordinance No. 23-01-U, and established an interim prohibition of rent increases on certain residential properties for a period of 60 days; and
WHEREAS, Urgency Ordinance No. 23-01-U is intended to temporarily stabilize the rental market and prohibit rent increases on a temporary basis to protect tenants from

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rising rent costs while the City studies the issue of rent stabilization and associated programs; and
WHEREAS, on March 22, 2023, the City Council adopted Urgency Ordinance No. 23-02-U to extend the sunset date of Urgency Ordinance No. 23-01-U to June 8, 2023; WHEREAS, the City is still studying the matter and needs additional time to review the formation of a rent stabilization program;
WHEREAS, this Urgency Ordinance No. 23-03-U will amend and extend the sunset date of Urgency Ordinance No. 23-01-U to September 28, 2023; WHEREAS, unless this ordinance take effect immediately as provided herein, there is a high likelihood that residential renters will be subject to economic hardship and potential displacement that may lead to homelessness to the detriment of the public health, safety and welfare;
WHEREAS, Government Code Sections 36934 and 36937 authorize the City to adopt an Urgency Ordinance for the immediate preservation of the public peace, health and safety, provided that such Urgency Ordinance is passed by a four-fifths vote of the City Council; and
WHEREAS, for all these reasons, inter alia, the City Council finds there is a current and immediate threat to the public health, safety and welfare and that increases in rent for certain residential tenancies would result in that threat to the public health, safety or welfare absent implementation of the restrictions contained in this ordinance.

Accordingly, there is an urgent need for the immediate preservation of the public peace, health, and safety to enact this ordinance on an urgency basis.

Section 1. Recitals. The recitals above are true and correct and incorporated herein by this reference as if set forth in full.

Section 2. Findings. Based on the findings set forth in the Recitals, the City Council finds and declares this Urgency Ordinance to be necessary for the immediate preservation of the public health, safety and welfare and upon that basis has determined that an urgency measure, pursuant to Government Code Section 36937(b) is warranted and shall take effect immediately upon adoption by a fourth-fifths vote of the City Council.

Section 3. Extension of Sunset Date. Section 7 of Urgency Ordinance No. 23-01-U is hereby amended to read as follows:
“This Urgency Ordinance shall expire by its own terms on September 28, 2023, unless otherwise extended or repealed by action of the City Council.” Section 4. Uncodified. This Ordinance shall not be codified.

Section 5. Inconsistent Provisions. Any provision of the Maywood Municipal Code or appendices thereto that conflicts with the provisions of this Urgency Ordinance,

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to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Urgency Ordinance and Urgency Ordinance No. 23-01-U.

Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this Urgency Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 7. California Environmental Quality Act. The City Council finds and determines that this Urgency Ordinance is not subject to the requirements of California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.

Section 8. Effective Date. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety within the meaning of Government Code Section 36937(b), and therefore shall be passed immediately upon is introduction and shall become effective immediately upon its adoption.

Section 10. Certification and Publication. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall cause the same to be published or posted in the manner prescribed by law.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Maywood at the regular meeting of this 24th day of May, 2023. ____________________________
Frank Garcia, Mayor
ATTEST:
_______________________________
Andrea Aguilar, City Clerk

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APPROVED AS TO FORM:
___________________________
Roxanne Diaz, City Attorney
I, Andrea Aguilar, City Clerk of the City of Maywood, do hereby certify that the foregoing Urgency Ordinance was adopted at a regular meeting of the City Council of the City of Maywood held on the 24th day of May, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
Andrea Aguilar, City Clerk

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 6.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MOHAMMAD MOSTAHKAMI, PE
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LOST WEST

FOR DESIGN SERVICES FOR THE CITY OF MAYWOOD BEAUTIFICATION PROJECT (CLEAN CALIFORNIA GRANT CYCLE 1)
RECOMMENDATION:

It is recommended that the City Council: (i) approve the professional services agreement with Lost West for design services for the City of Maywood Beautification Project in the amount not to exceed $102,120.00 and approve the agreement in the form approved by the City Attorney and City Manager; and (ii) authorize the Mayor to execute the Agreement; and (iii) delegate authority to the City Manager to execute any amendments to the Agreement deemed necessary up to the grant amount.

BACKGROUND:

On September 14, 2022, the City Council adopted Resolution No. 6265 authorizing the acceptance of grant funds awarded to the City through the Clean California Grant program. The project has several criteria that have the potential to enhance and beautify the city. Accordingly, a design professional contract services is necessary to implement this grant.

On March 22, 2023, the City Council authorized the City Manager to release Request for Proposals (RFP) for Professional Design Services for the City of Maywood Beautification Project (Clean California Grant Cycle 1).

DISCUSSION:

The Local Beautification project through Clean California Local Grant Program Cycle I was awarded to the City on June 1, 2022, for a total of $1,388,940. The improvements will be maintained through a combination of Gas Tax Funds and General Funds. This project is going to target multiple high priority areas in need. The scope of work on this project will include the beautification of target areas through greening, landscaping, and infrastructure improvement. Targeting these areas allows for an increase in accessibility and safety for bicyclists and pedestrians, on multiple segments of parkways and sidewalks, medians, and twenty (20) signal cabinet/utility boxes throughout the City. Some of the locations of the improvements will take place at:
• Carmelita Ave and Loma Vista Ave, between Fruitland Ave and 52nd Street • Loma Vista and 52ND Street King Ave between Slauson and 59th Place • Mayflower between Slauson and 59th Place
High-priority improvement activities include the greening of medians along Slauson Ave and the art installation on signal boxes. The project areas will be located in north central Maywood, bordering the commercial and industrial section and the southeastern section of the city. The project includes four (4) gateway entrance

monument signs to be placed on Atlantic Boulevard and Slauson Avenue at the City's north, south, east, and west gateways. The City has identified twenty (20) signal cabinets/ utility boxes throughout the City that are best fitted for the artwork enhancements that will help beautify the City. The artwork enhancements will express the city's pride in its Latino and immigrant culture, and connection to a working-class community that is one of the oldest in Los Angeles. All the areas that were proposed in the grant will be located within the public right of way. The intended scope of work will cover various project locations within the City and shall include, but not be limited to, the addition of trash receptacles, camera installation at multiple locations, pole banner installation, entry monument signs, no dumping signs, and landscape improvement to reduce the amount of waste and debris littered within these areas. Furthermore, this project will also help beautify and improve public spaces by planting 50 shade trees, installation of boulders, river rock cobblestone, and 32,000 square feet of native plants to create a greenbelt in the city's empty parkways and medians, as well as featuring artwork that will be less targeted for graffiti and vandalization.

On March 30, 2023, Staff issued a Request for Proposals (RFPs) to provide professional design services for the City of Maywood Beautification Project (Clean California Grant Cycle 1).

On April 25, 2023, the city received three proposals from City Fabrick, Community Works Design Group, and Lost West. The proposals received were reviewed in conformance with RFP requirements, including completeness of the proposals and compliance with the required RFP format; project understanding, scope, and approach to developing the project efficiently; experience and qualifications of key staff, and similar project experience, including familiarity with state and federal procedures. Lost West received the highest ranking for the requested services.

It is recommended that the City Council award a professional services agreement in the form approved by the City Attorney and City Manager to Lost West to provide design services for the City of Maywood Beautification Project (Clean California Grant Cycle 1) in the amount of $102,120.00 and authorize the City Manager to execute any amendment deemed necessary up to the grant amount if needed.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The estimated project design cost of $102,120 covering Lost West Contract will be covered through Clean California Local Grant Program Cycle I grant allocation in the amount of $1,388,940 based on reimbursement; budgeted in the Capital Improvement Program (CIP) in FY 2023/2024.

F.Y. 22-23 Impact: $102,120 Current F.Y. Budget: 1,388,940 Fund Impacted:261 Budget adjustment requested: None
Source of funds: Clean California Local Grant Updated Account Budget: 1,286,820 Account Number: For fiscal year: 2022/2023 and 2023/2024

ATTACHMENT(S)

1. Lost West Professional Services Agreement

Ver. 3/2020

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated May 24, 2023 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and Lost West (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform Professional Design Services for The City of Maywood Beautification Project (Clean California Grant Cycle 1).

B. Consultant 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.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Consultant’s Services.

Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Robert V. Mekjian (the “Consultant Representative”).

The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

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Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

Prevailing Wages. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works”, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C hereto.

2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Section 13 of this Agreement or extended.

3. Compensation.

Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, One Hundred Two Thousand One Hundred Twenty Dollars and Zero Cents ($102,120.00), as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $102,120.00, which includes expenses and services included in the Consultant Proposal (Exhibit A) during the term of this Agreement (“Maximum Compensation”).

Expenses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.

Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative

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shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.

Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures.

City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Independent Contractor.

A. Consultant is an independent contractor and not an employee of the City.

All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant’s employees or other personnel under Consultant’s supervision, and Consultant and all of Consultant’s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Maywood business license. Consultant will determine the means, methods, and details by which Consultant’s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.

B. All of Consultant’s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.

Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other

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information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant’s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.

C. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

D. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

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6. PERS Compliance and Indemnification
A. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from (i) any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 6; or (ii) in the event that Consultant or any employee, agent or subcontractor of Consultant providing Services under this Agreement claims or is determined by a court of competent jurisdiction and/or by PERS to be eligible for enrollment in PERS as an employee of the City. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.

7. Information and Documents.

Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within

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the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.

8. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subconsultants shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

9. Indemnification, Hold Harmless, and Duty to Defend.

Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the

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negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).

Other Indemnities.
i. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. ii. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph B.2). iii. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against

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any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, Claims, tax, assessment, penalty or interest asserted against City. a. Survival of Terms. The indemnification in this Section shall survive the expiration or termination of this Agreement.

10. Insurance.

Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.

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Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees.

If this box is checked, Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in aggregate.

Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.

Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

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City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.

Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 9 of this Agreement.

SubConsultant Insurance Requirements. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

11. Mutual Cooperation.

City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

12. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary,

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and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.

13. Termination of Agreement.

Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least ten calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

14. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

15. Default.

Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.

In addition to the right to terminate pursuant to Section 13, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default.

Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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16. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

If to City: If to Consultant:

Attn: City Manager Att: Robert V. Mekjian
City of Maywood Lost West
4319 East Slauson Avenue 5208 Townsend Avenue
Maywood, California 90270 Los Angeles, CA 90041

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

19. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed

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to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

21. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.

22. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

23. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

24. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

25. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except

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those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.

26. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

27. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

28. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

29. Business Days. “Business days” means days Maywood City Hall is open for business.

30. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.

31. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

32. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

33. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.

34. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf

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of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]

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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Maywood,
a California municipal corporation
By:

Frank Garcia
Mayor of the City of Maywood
ATTEST:

By:

Andrea Aguilar, City Clerk
APPROVED AS TO FORM:

By:

Roxanne Diaz, City Attorney
Consultant:

Lost West
By:

Name: ___________________
Title: ____________________

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EXHIBIT A

SCOPE OF SERVICES
Project tasks shall include, but not necessarily limited to, those items noted above. If the consultant feels that additional tasks are warranted, they must be clearly identified in the consultant’s proposal. The selected consultant shall provide all necessary services, instruments, equipment, tools, personnel, and supervision required to deliver plans, specifications and estimate package (PS&E) and construction bid package per local, state, and federal requirements for the City of Maywood Beautification Project identified in this scope, including but not limited to the following tasks:

Task 1

PROJECT MANAGEMENT /FAMILIARITY WITH PROJECT/ ADMINISTRATION /

MEETINGS
Consultant will be required to attend a pre-design meeting with City representatives to gain a more complete understanding of the desired aesthetic outcome and participate in ongoing review and project coordination. In consultation with City representatives, the Consultant will determine relevant issues specific to the Project, design standards, and funding limits. Progress meetings will be held bi-weekly virtual meeting, with City staff. Consultant shall prepare agendas and meeting minutes with an action item matrix and distribute to the City and other attendees, as required.

1. Attend a pre-design (kick-off) meeting with City representatives to review the Project in detail for determining the City’ specific requirements and cost limitations. Become familiar with the intended scope for the City of Maywood Beautification Project. Afield visit of the project area/ site shall be warranted.

As Built plans may not be available.

2. Maintain continuous communication with the City Project Manager, including meetings to review plan and project status at 30%, 60%, 90%, and 100%completion.

3. Provide agendas of special items for discussion, and minutes listing actions.

4. Provide a detailed project schedule with updates on a bi-weekly basis.

5. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

6. Proactively initiate communications efforts between the design team and City to address key issues in a timely manner.

7. Coordinate the Project, including approvals with the City.

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8. This task shall include the attendance of consultant at two city designated events to received input from public on proposed beautification project.

Consultant shall summarize input received and present the city staff as part of the proposed concept plans.

9. Prepare and deliver a presentation to the City Council for review and approval of proposed preliminary plans/concept prior to proceeding with the Design plans.

10. Task 2
Obtain existing substructure facilities/ utilities information from respective utility agencies or company for inclusion to the construction plans as necessary. Obtain finalized monument sign concept from City to incorporate in plans. Consultant shall provide construction design of monument sign concept.

Task 3
The Consultant or its California Registered Land Surveyor shall conduct the necessary land surveys in order to prepare design and construction plans for the project. Such surveys shall provide sufficient site-specific data for proper and accurate design.

Task 4
Design and prepare construction plans and special provisions for the Project, in accordance with the applicable City, State, and Federal Standards, and applicable Standard of the latest Edition of Standard Specifications for Public Works Construction “Green Book”.

Consultant shall include a sub-task consisting of bi-weekly meeting with the City staff to apprise the City of the status of the progress relating to design, grant requirements or any other outstanding issues.

A design concept with options shall be developed for the project. Consultant shall provide themes to be incorporated in the concept that will be implemented throughout the length of the project, a possible them for Slauson and a different one for Atlantic medians. Consultant shall attempt to incorporate suggestions provided at Community events as discussed with city staff, and once input received from the City Council at the Council meeting, consultant shall proceed with the design plans.

The construction plans shall be submitted at the following levels:

Preliminary Plans (plan view only) – 35%
Design Plans (Phases) – 65%, 90%,100% and Final

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(Note: Scale shall be 1 inch = 40 feet)
Final Plans shall be provided on AutoCAD files with all the external references, survey, topo, etc. The construction plans, at a minimum, shall identify and provide details of point of transition to existing features; and identify all features and appurtenances to be protected-in-place, abandoned, removed, replaced, or eliminated.

Task 5
Complete Project Specifications and Special Provisions and complete Construction Bid Package including compliance requirements with local, state, and federal regulations and program requirements shall be provided with the 90% Design Plans submittal. Electronic copies of the Project Specifications (PDF and MSWORD file) shall also be provided. (City to provide to the selected Consultant the current Specifications Template for use/ reference.)
Task 6
Complete Engineer’s Cost Estimate (including list of quantities and estimated cost per unit) shall be provided with the 65%, 90%, & 100% Design Plans submittal.

Quantities shall be shown on each plan sheets. Electronic copies of the Engineer’s Cost Estimate (EXCEL file) shall also be provided.

Task 7
The Consultant shall have all calculations, reports, specifications, and plans signed and stamped by a California Registered Civil Engineer or landscape architect as applicable. Such registrations shall be current.

All work submitted by the Consultant shall be complete and shall be carefully checked prior to submission. If the City discovers any errors or omissions prior to approving the Consultant’s work, the work will be returned for correction and the Consultant will not be allowed additional compensation. Should the City or others discover errors or omissions in the work submitted by the Consultant after the City’s approval thereof, the City’s approval shall not be used as a defense by the Consultant.

Task 8
Consultant shall provide support during bidding process. Additionally, consultant shall review all construction related submittals and provide construction engineering support.

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Task 9
Prepare record drawings (As-built) - Within 60 days following the completion and acceptance of the project, furnish City a complete set of revised original record drawings showing as-built conditions. Revisions will be solely based on as-built information provided by the City’s Construction Manager and the Contractor.

Consultant assumes no responsibility for the accuracy of the information provided by the City’s Construction Manager and the Contractor. Consultant shall furnish a complete set of revised original record drawings in electronic AutoCAD and pdf formats.

Task 10.

Consultant shall comply submit quarterly reporting and reimbursement request to Caltrans. Consultant shall provide a separate Fee proposal for this effort. City will have the right at its discretion to exclude this task from Consultant services.

B-1

EXHIBIT B

COMPENSATION
Lost West Sub: EFI, Inc Total Fees
Task 1 $6,720 $3,240 $9,960
Task 2 $4,320 $8,360 $12,680
Task 3 $4,360 $17,980 $22,340
Task 4 $24,360 $11,460 $35,820
Task 5 $1,960 $1,040 $3,000
Task 6 $2,400 $1,560 $3,960
Task 7 $1,920 $0 $1,920
Task 8 $2,400 $1,560 $3,960
Task 9 $2,320 $780 $3,100
Task 10 $240 $3,640 $3,880
Subtotal Tasks $51,000 $49,620 $100,620
$1,500
$102,120
Tasks
Fees
Fees paid to SCE, So. Cal. Gas, & other utilities
Total Amount

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EXHIBIT C

LABOR CODE REQUIREMENTS

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EXHIBIT C

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those services that are “public works”, Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City

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of the location of the records. Pursuant to Labor Code Section 1771.4, Contractor and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

10. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby 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 provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement.

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 7.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: MIGUEL LEON, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF APPROVING THE REIMBURSEMENT AGREEMENT BETWEEN THE MEMBER CITIES IN LCA1 FOR SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER IN AN AMOUNT NOT TO EXCEED $31,379 FOR FISCAL YEAR 2023-2024
RECOMMENDATION:

It is recommended that the Council approve the Reimbursement Agreement between the member cities of LCA1 for shelter beds within the Salvation Army Bell Shelter in an amount not to exceed $31,379 in the final form approved by the City Attorney and City Manager.

BACKGROUND:

On March 23, 2022, the City Council approved a reimbursement agreement with the City of Bell and the Salvation Army as collaborative partners in the Local Coordinating Alliance 1 (LCA1) pilot program for shelter beds. Thirty-six (36) crisis housing beds were allocated as inventory per the agreement, with ten percent (10%) designated as public safety priority beds for emergency use by all LCA1 members. Ninety percent (90%), or thirty-two (32) beds, are prioritized for each LCA1 member as four (4) general inventory beds. The Shelter Bed Pilot Program initiated services with its first client intake in July 2022. The City allocated $70,000 of the Permanent Local Housing Allocation (PLHA) funds to reimburse the Salvation Army Bell Shelter for shelter beds, personnel costs, and administration/reporting. Before the adoption of the program, the only option for providing services to unhoused individuals was to rely on the overburdened Continuum of Care (CoC) system, which restricted the City's ability to address local homelessness issues directly.

DISCUSSION:

The LCA1 cities and unincorporated areas (Bell, Bell Gardens, Commerce, Cudahy, East Los Angeles, Huntington Park, Maywood, South Gate, Vernon, and Walnut Park) surrounding the Salvation Army Bell Shelter face a disproportionate homelessness impact.

The City of Bell applied for and received $500,000 in Measure H Innovation Funds from the Gateway COG to support this pilot program through June 30, 2024, and it is proposed that the same equal 1/8th share of costs be contributed by each LCA1 city ($31,379 for each LCA1 city in FY 23-24) after the $500k COG grant is reimbursed to the City of Bell in FY 2023-2024.

As part of the LCA1 Shelter Bed Pilot Program, thirty-six (36) shelter beds have been provided (either low barrier beds or bridge beds, depending on the level of service required by the unhoused individual) to the participating cities to address the unique impacts of homelessness in the SELA area around the Salvation

Army Bell Shelter in addition to the services provided by the CoC System.

EXISTING PILOT PROGRAM DATA:

A total of 111 clients have been supported by the 36 beds in the LCA1 Shelter Bed Pilot Program as of March 27, 2023 (111% of the target of 100 clients). The LCA1 cities have provided 257 shelter bed service days to clients since July 13, 2022, with an average stay of 64 days. There is a maximum stay of 270 days allowed under the pilot program.

As of December 22, 2022, there were thirty-one (31) clients in the thirty-six (36) LCA1 shelter beds (86% of capacity, 90% of target population due to a public safety reserve of 10%). As a result, the city's shelter system was overcapacity with six (6) clients and no more beds could be allocated. As LCA1 cities consistently fill the shelter beds, there have been no issues maintaining the program at close to 90% capacity. No additional beds have been offered to other SPA 7 cities.

There have been two (2) clients that have exited the program into housing. One client left Interim Housing after an average of eighty-one (81) days, and one client transferred to Temporary Housing after an average of thirteen (13) days. Additionally, four (4) clients have exited the program for other reasons. There were (3) three clients who left the program due to AWOL for an average of a total of two hundred (200) days, and (1) clients due to threats of violence.

The City of Maywood has referred ten (10) clients since the adoption of the program in July 2022. Currently, of the ten clients referred to by Maywood, (3) clients have had stays averaging 100-200+ days, which is well more than the average stay of 64 days and has limited the ability to refer additional clients to the program. This is intended to show that the data provided has its limitations, as every individual client faces complex challenges when it comes to navigating through the housing and security process. A city referring a client does not determine a client's success. However, the LCA1 Shelter Bed Program provides a stable and supportive environment for individuals experiencing homelessness to identify needs and connect with other services or resources that can assist in obtaining permanent housing, medical resources, job training, financial assistance, mental health support, etc.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The Shelter Bed Pilot Project will not have an impact on the City's 100 General Fund. In Fiscal Year 2023/2024, the City Council may allocate American Rescue Plan Act of 2021 (ARPA) funds from 273 - Local Fiscal Recovery Fund to cover the cost of shelter beds at the Salvation Army Bell Shelter. The maximum estimated cost of this agreement to the City of Maywood is $31,379 for a term beginning July 1, 2023, and ending on June 30, 2024.

F.Y. 22-23 Impact: 0 Current F.Y. Budget: $6,329,907.5
Fund Impacted: 273 - Local Fiscal
Recovery Fund
Budget adjustment requested: $31,379
Source of funds: American Rescue Plan Act of
2021 (ARPA) allocation
Estimated Updated Account Budget:
$6,151,507.54
Account Number: 6115 - Contractual Services For fiscal year: 2023/2024

ATTACHMENT(S)

1. Draft Shelter Bed Agreement 3.25.23

REIMBURSEMENT AGREEMENT
FOR

SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of June __, 2023 (“Effective Date”) by and among the CITY OF BELL, a California charter city (“Bell”), the CITY OF BELL GARDENS, a California general law city (“Bell Gardens”),the CITY OF COMMERCE, a California general law city (“Commerce”), the CITY OF CUDAHY, a California general law city (“Cudahy”), the CITY OF HUNTINGTON PARK, a California general law city (“Huntington Park”), the CITY OF MAYWOOD, a California general law city (“Maywood”), the CITY OF SOUTH GATE, a California general law city (“South Gate”), and the CITY OF VERNON, a California charter city and municipal corporation (“Vernon”), collectively referred to herein as the “LCA1 Members” and/or the “Parties”.

RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon, are members of a Local Coordinating Alliance 1 (“LCA1”), a cooperative working group of eight (8) entities developed within the Gateway Cities Council of Governments for subregional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 (“SPA 7”). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.

B. Los Angeles County (First Supervisorial District) (“County”) will separately participate with The Salvation Army for the same services as set forth herein pursuant to a separate agreement directly with the Salvation Army Bell Shelter.

C. A “Shelter Bed” is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 90201, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services within such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended to provide a safe and supportive twenty-four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building 1E. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The

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number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.

D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and housing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.

E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority’s (“LAHSA”) Homeless Management Information System (“HMIS”). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs.

F. The LCA1 Members currently participate in the Los Angeles County Coordinated Entry System (“County CES”), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.

Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight (8) participating LCA1 Members, in recognition of the local impacts of homelessness experienced by the LCA1 Members.

G. The LCA1 Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effort to address the unhoused population that the LCA1 Members seek to assist.

H. This pilot program will require a great deal of cooperation among the LCA1 Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.

I. The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.

The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salvation Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA1 Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCA1 Members’ homeless population, based on certain conditions.

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J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty-two (42) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.

K. To this end, the City of Bell and The Salvation Army, a California corporation (“Salvation Army”) have entered into an agreement, dated June __, 2023, as set forth in Exhibit A (the “Salvation Army Agreement”), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members’ homeless housing population.

L. Separately, the City of Bell, as lead agency, applied for and received a $500,000 Measure H Innovation Fund Grant (“Measure H Grant”) from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced by sixty-seven percent (67%) from $751,032 to $251,032. In return for the Measure H Grant award, the LCA1 Members agree that if the thirtysix (36) Shelter Beds cannot be filled by the LCA1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent (50%) of the thirty-six (36) Shelter Beds, which is eighteen (18) out of the thirty-six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent (90%) occupancy, or thirty-three (33) of the thirty-six (36) Shelter Beds.

M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the “Homeless Liaison”), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.

N. The Shelter Beds are designed to provide the LCA1 Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCA1 Members are experiencing. If any individuals choose to leave a placement at the Salvation Army Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus, the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.

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O. The LCA1 Members agree that the costs of this Agreement will be shared equally among all of the LCA1 Members and they shall be required to pay their equal share each month during the term of this Agreement. If a LCA1 Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to communities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell). The intent of the LCA1 Members is to retain a minimum of eight (8) participating entities, in order to ensure, i) that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent (90%) occupied during the term of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:

Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.

Section 2. Term; Termination.
(a) The term of this Agreement will commence on July 1, 2023 and end on June 30, 2024 (the “Term”) for a total of 366 days.
(b) In addition, this Agreement may be terminated after July 1, 2023, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.

The City of Bell, as lead agency, may replace any party that terminates this Agreement with another city within the SPA7 area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell’s discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Member after July 1, 2023, and a replacement SPA 7 city is not immediately available to take such terminating Party’s share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members) provided in Section 3 below shall be adjusted accordingly.

Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and / or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member’s homeless population, each LCA1 Member shall be required to pay the monthly

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amount due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month, then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis.

As the City of Bell, as lead agency, was successful in procuring $500,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.

Total Agreement Cost
The total cost of the Salvation Army Agreement is $751,032 calculated at thirty-six (36) Shelter Beds per day at a cost of $57 per bed / per day for 366 days.

The City of Bell will invoice the Gateway Cities Council of Governments for $500,000 in Measure H Grant fund reimbursements, which would reduce the total cost of this Agreement to $251,032.

Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty (40) under this pilot program.

The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8th) share. Each of the eight (8) LCA1 Members will be billed a maximum of $31,379 of the remaining Agreement after Measure H Innovation Grant reimbursement of $251,032.

Monthly Invoice
The City of Bell, as lead agency, will submit the monthly invoice it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (5) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.

Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal, regional, and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army

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Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty-six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or thirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight (8) LCA1 Members times four (4) beds each for a general inventory of thirtytwo (32) beds. Initial intake into a public safety priority bed shall also require participation from a public safety agency (e.g., Bell Police Department, Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department, etc.). Once the new resident is placed in a public safety bed and completes the facility intake process, they will be rotated from the priority public safety bed into one of the thirtytwo (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent (90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent (90%) occupancy and meet their specific local needs depending on bed availability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran’s Administration program shelter beds, Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds) to increase the annual number of participants that can benefit from the thirty-six (36) prioritized Shelter Beds under the Salvation Army Agreement. The LCA1 Members acknowledge and agree that the thirty-six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members’ homeless population, but are merely prioritized to them under the Salvation Army Agreement. Each day there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such, the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. In order to ensure the full and efficient use of the thirty-six (36) prioritized Shelter Beds, cooperation and communication between the Parties is essential. Informal analysis and recalculation of Shelter Bed use ratios shall occur every week day during the Term of this Agreement, and as needed, to use the available Shelter Beds efficiently. An initial thirty (30) day use analysis will be provided to the LCA1 Members by the City of Bell and/or the Homeless Liaison after the Effective Date and a secondary sixty (60) day use analysis will be

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provided to the LCA1 Members, in order to determine and agree to the most efficient bed use ratios. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved.

Shelter Bed inventory flexibility is critical in order to effectively address conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receiving housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID-19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter’s daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 (www.211la.org) to find suitable shelter or motel options for families in need. The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36) Shelter Beds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 4:00 PM, Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four (4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.

After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell Shelter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID-19 protocols, after hours intake should only be for emergency situations. An after-hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days. Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) if an incoming participant is vaccinated, the participant may move into a public safety prioritized bed. If a participant is not vaccinated, they must remain in quarantine until two negative COVIDPage 102 of 337 01135.0001/536707.2 -8-
19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.
(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCA1 Members must coordinate with the Homeless Liaison in order to ensure allocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff (as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA1 Member’s proposed participant / homeless population within a Shelter Bed. (h) Reporting.
(i) Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: the Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred (100) unduplicated individuals will be served each year during the Term of this Agreement, with a goal of one hundred and fifty (150) unduplicated individuals over the Term of the Agreement, ii) twenty percent (20%) of participants (of those able to work – e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (30%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved
Section 6. Defaults and Indemnification Provisions.

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(a) Defaults. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement (or any extension approved by the Parties), then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting party shall pay interest at the lesser of (i) 10% per annum, or (ii), the maximum rate permitted by law) from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law, the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties, and their respective officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell’s negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties’ negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties. To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties’ respective proportionate share of the costs due from each party as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respective officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds, the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein, in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.

Section 6. Miscellaneous Provisions.

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(a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other Parties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express mail, charges prepaid. Notices so sent shall be deemed effective one (1) business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys’ Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. (c) Integration; Amendments. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement). It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
(c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
(d) Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a California charter city
____________________________________
Name:

Title:

Address: City Hall; 6330 Pine Ave, Bell, CA
90201
ATTEST:
_________________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
_________________________________
David J. Aleshire, City Attorney

01135.0001/536707.2
CITY:

CITY OF BELL GARDENS,
a California general law city
By: __________________________
Name:

Title:

Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:

CITY OF COMMERCE,
a California general law city
By: __________________________
Name:

Title:

Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:

CITY OF CUDAHY,
a California general law city
By: ____________________________
Name:

Title:

Address: ______________________
Public Safety Contact:
_________________________________
Staff Contact:

01135.0001/536707.2
_________________________________
CITY:

CITY OF HUNTINGTON PARK,
a California general law city
By: __________________________
Name:

Title:

Address: _______________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:

CITY OF MAYWOOD,
a California general law city
By: ___________________________
Name:

Title:

Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:

CITY OF SOUTH GATE,
a California general law city
By: _____________________________
Name:

Title:

01135.0001/536707.2
Address: _________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________
CITY:

CITY OF VERNON,
a California charter city
By: ____________________________
Name:

Title:

Address: ________________________
Public Safety Contact:
_________________________________
Staff Contact:
_________________________________

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 8.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES LIAISON
SUBJECT: CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM INTERNATIONAL COLLEGIATE HEALTH INITIATIVE (ICHI) IN THE AMOUNT OF $10,000.

RECOMMENDATION:

Staff recommends that the City Council consider the Community Benefit Fund Application from International Collegiate Health Initiative (ICHI) in the amount of $10,000.

BACKGROUND:

The Application is dated February 28, 2023, and was received by email from the applicant. The City of Maywood has established a “Community Based Fund” to support community-based programs and activities.

Applicant eligibility is determined by the City’s Community Benefit Fund Guidelines and Procedures (“Guidelines”) for the distribution of funds to eligible organizations that provide community-based programs, community activities and educational activities.

This is the first Community Benefit Fund application submitted by the International Collegiate Health Initiative (ICHI).

On February 11, 2023, ICHI partnered with the City of Maywood and the YMCA to provide a free mobile health clinic which included seven stations offering general vital assessment (BMI, eyes, temperature), heart and blood pressure check, diabetes and cholesterol testing, urinalysis, lung health check and access to their free prescription medication program. Residents also had the opportunity to speak to physicians and get further referrals or consultations.

DISCUSSION:

The ICHI Health Net Program provides free medical, nutritional, and social services to immigrants, low-income families, and homeless populations in the City of Maywood. The project’s main goal is to cultivate a comfortable and safe environment where residents of the community can gain access to necessary, fundamental health services without fear of cost, discrimination, or immigrant status.

According to the Maywood health profile from the LA County Department of Public Health, it was reported that 42% of adults are uninsured, with 72% of the residents living 200% below the Federal Poverty Level. With high costs associated with healthcare, lack of insurance, and low income, a large portion of this community is extremely likely to forgo preventative medical care. ICHI places a strong emphasis on offering free comprehensive medical services through their inclusive and accessible Health Net program.

ICHI is requesting a $10,000 grant to be used for funding the ICHI Health Net Program, which will allow ICHI to negotiate with local health clinics or hospitals to lower the costs of their services and provide patients access to specialized medical services such as dermatology, psychiatry, pulmonology to name a few. Once they have negotiated lower costs, they will use the requested funds to cover the reduced rates of these services so that Maywood residents can access them at no charge. The ICHI Health Net program will not only cover 100% of all medical costs, but it will also help facilitate appointments and refer patients to appropriate services.

ICHI received yearly funds from the University of California at Los Angles (UCLA) and other donors to help fund the Health Net program, equipment, and special events.

Qualification Review
Per the grant guidelines, the applicant, ICHI, is eligible as it is a nonprofit organization that provides services to residents of the City. In addition, per grant guidelines, the maximum amount will be no more than $5,000.

However, in limited circumstances, the City Council has the discretion to award grants in the amount not to exceed $10,000.

ICHI is a nonprofit agency that has been in existence since June 2017, based at the University of California at Los Angeles. They provide medical and nutritional services to families within the City of Maywood.

Accordingly, based on the documentation provided by the applicant in support of their application, staff recommends the City Council approve their request.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

ICHI needs adequate time to work with its providers. Therefore, the requested funds will not be allocated until Fiscal Year 2023-2024. For a breakdown of how the funds will be allocated, please see the attached document “ICHI Maywood Community Benefit Fund Budget Breakdown”.

F.Y. 22-23 Impact: $0 Current F.Y. Budget: $19,598
Fund Impacted: 100 - General Fund Budget adjustment requested: Not applicable
Source of funds: 302 - Community
Services
Updated Account Budget: Not
applicable
Account Number: 6301 - Community
Benefit Fund Expenditures
For fiscal year: 2023/2024

ATTACHMENT(S)

1. ICHI Maywood Community Benefit 2023 Fund (003)

2. ICHI Maywood Community Benefit Fund Budget Breakdown

3. ICHI 501c(3) Non-Profit Status Approval Letter

4. Community Benefit Fund Guidelines and Procedures12.2021

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND APPLICATION
Please Type/Print Information
(attach additional pages as needed)
Application Funding Cycle
Q1: July 1 – September 30
Q2: October 1- December 31
Q3: January 1 - March 30
Q4: April 1 - June 30
Date of Application: Feb 28, 2023
Amount Requested: $10,000
Organization Name:

International Collegiate Health Initiative
Phone Number:
(310) 596-2330
Street Address:
846 Crestmont Circle
Fax Number:

N/A
City,State, Zip:

Corona, CA, 92882
Federal EIN:
822068216
Contact Person:

Shannon Huang
Contact Email Address:
[email protected]
Provide a detailed description of your organization. For example, are you a school, school based or affiliated entity, youth program, community based organization, etc.

International Collegiate Health Initiative (ICHI) is a non-profit organization based in the University of California, Los Angeles. Composed of undergraduate, graduate students, and professional advisors, ICHI provides medical and nutritional services to immigrants and low-income families within the city of Maywood in Los Angeles County through our mobile health clinics, our Prescription Medication Assistance Program (PMAP), which delivers medications directly to patients free of charge, and our Continuity of Care Program, a platform that increases access to affordable medical care through assistance with insurance registration and counseling, cancer support, and primary care. Our vision is to advance our innovative healthcare safety-net and establish sanctuary clinics across the globe where people of all backgrounds unable to afford medical services can have access to high-quality medical care.

Does your organization have non-profit status with the Internal Revenue Service? Yes ☐ No ☐ (If yes, attach documentation)
How long has this organization been in existence (provide date)? ICHI was established on June 6, 2017.

Is the organization located/based in Maywood or does it provide programs or services to Maywood residents? Yes ☐ No ☐ If yes, please explain.

Yes, ICHI hosts mobile health clinics at the YMCA in Maywood to serve Maywood and its residents. Our recent clinic on February 11, 2023, included seven stations offering various services to Maywood’s residents, including a general vital assessment (BMI, eyes, temperature, etc), heart and blood pressure check, diabetes and cholesterol test, urinalysis, lung health check, access to our free prescription medication program, and an opportunity to speak to physicians for further referrals or consultations.

Describe how the requested funds will be used? Attach a proposed budget. 100% of the requested funds will be used to finance the ICHI Health Net Program, which directly serves Maywood residents. There are high costs associated with healthcare, lack of insurance, and low income; thus, a large portion of lower-income communities are extremely likely to forgo preventative medical care.

Our ICHI Health Net Program is best suited to tackle this problem. Currently, partners in our existing Continuity of Care Program provide insurance registration, cancer support services, and limited primary care services to our patients. Since we are able to cover all costs, these services are free of charge.

However, recently, through our mobile health clinics, we have learned that Maywood residents are facing a plethora of other health-related issues relating to their skin, mental health, etc. Fortunately, with additional funding, we will be able to mitigate these issues in two steps. First, we will expand our current network of preferred partners to create the ICHI Health Net Program. The ICHI Health Net Program will provide our patients access to specialized medical services such as dermatology, psychiatry, pulmonology, and more. In the past, we successfully negotiated with our partners to significantly lower the costs of their services for our patients by offering them an opportunity to give back to the community. With the new partnerships we form as a part of the ICHI Health Net Program, we will use our experience to aggressively lower health care costs on behalf of Maywood residents. Once we have successfully negotiated lower costs, the next step will be using the requested funds to cover the reduced rates of these services so Maywood residents can access them at no charge. The ICHI Health Net Program will not only cover 100% of all medical costs, but it will also help facilitate appointments and refer patients to appropriate services. With the ICHI Health Net Program, Maywood residents can be assured that the process of getting the healthcare they deserve is accessible, high-quality, and free.

What is the anticipated time-frame to provide the proposed program, service, event activity or goods and the expenditure of the requested funds? With the requested funds, we will be able to cover the costs of health services for our patients for a year until more funding is received to prolong the health net program.

Describe the organization's efforts in obtaining funding from other sources? ICHI applies to yearly funds from UCLA and receives funding from donors. This helps ICHI obtain some of the equipment necessary for its events.

How will the requested funds have a benefit to Maywood residents? According to the Maywood health profile from the LA County Department of Public Health, it was reported that 42% of adults are uninsured, with 72% of the residents living 200% below the Federal Poverty Level. With the high costs associated with healthcare, lack of insurance, and low income, a large portion of this community is extremely likely to forgo preventative medical care. Many of these households place a higher priority on food and other costs than on preventing future medical concerns. The majority of uninsured people are less likely to be able to afford services or have a consistent source of care. Thus, ICHI places a strong emphasis on offering free comprehensive medical services through our inclusive and accessible Health Net Program. The ICHI Health Net Program provides free medical, nutritional, and social services to immigrants, low-income families, and homeless populations in the city of Maywood. The project’s main goal is to cultivate a comfortable and safe environment where residents of the community can gain access to necessary, fundamental health services without fear of cost, discrimination, or immigrant status. Through our preferred partners within the ICHI Health Net program, Maywood residents will be able to access specialized medical care for no cost. 100% of the requested funds will go towards paying for Maywood residents’ medical care. Our success in negotiating with medical practices will ensure that these funds are used to maximize the quality and amount of care we provide. Overall, the ICHI Health Net Program will ensure that Maywood residents are able to live happy, healthy, and fulfilling lives.

How will the requested funds enhance the quality of life or the delivery of services for Maywood residents?
The ICHI Health Net Program will significantly increase the delivery of healthcare services for Maywood residents. Currently, there are very few options available for those who are unable to pay for healthcare services. This is especially true for specialized services such as dermatology, psychiatry, and pulmonology which tend to be very costly. The ICHI Health Net Program will ensure that Maywood residents are able to access specialized medical care at no cost. This increased access to medical services will have a drastic impact on the quality of life for Maywood residents. Increasing individual health, while imposing no financial burden, will allow Maywood residents to use their time and money as they see fit. Maywood residents will be able to worry less, knowing that the ICHI Health Net Program will provide for them in their time of need.

How will the requested funds provide educational opportunities for Maywood residents or students?
In addition to medical services, the ICHI Health Net Program provides comprehensive access to services like health insurance enrollment and cancer support. ICHI has successfully negotiated partners with a wide range of social service providers who are able to provide education and resources to Maywood residents at no cost. These services include counseling, case management, and help with navigating health insurance.

Has your organization previously received funding from the City of Maywood? Yes ☐ No ☐ If yes, identify the use of the funds, total amount, and fiscal year in which the funds were received.

Is a member of your organization's board or executive leadership a City employee, an

elected or appointed City official, or a family member of a City employee or elected or appointed City official? Yes ☐ No ☐ If yes, please explain.

By my signature below, I hereby certify, under penalty of perjury, that I am qualified to sign for and bind the named organization and that the information contained within and submitted with this application is complete, true and accurate. I have received a copy of the Community Benefit Fund Guidelines and Procedures and agree to abide by its provisions. If awarded funding, an agreement will be required to be executed.

Date:

Feb, 28, 2023
Signature:

Print Name and Title:

Shannon Huang, Director of Development
Date Received Eligibility Verified Date Approved Date Denied Amount Awarded
Revised 3.30.22

ICHI Maywood Community Benefit Fund Budget Breakdown
Group Name: International Collegiate Health Initiative - Health Net Program Note: Budget breakdown is subject to change based on Maywood clients' needs and requests Expenses/Costs Description Yearly Expense Notes
General Service Operating Expense
Dermatology Help patients with issues relating to skin, hair, nails, etc $1,500.00 Psychiatry Help patients with issues relating to mental health $2,000.00 Pulmonology
Services help patients with issues relating to the lungs and respiratory system $2,500.00
Insurance Registration
Help patients with health insurance enrollment, navigating health insurance $0.00
Service free
to patients
Dental Care Help patients with issues relating to teeth hygiene $2,500.00 Behavioral Health
Help patients with issues relating to stressors that lead to physical symptoms $750.00
Cancer Support Help educate patients on cancer risks and prevention $0.00 Service free
to patients
Primary Care
Examine patients' medical history, counsel on diet,
activity, other preventative measures $750.00
Total Expenses $10,000.00

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
1 Rev. 2/2022
I. BACKGROUND
The City of Maywood has established a “Community Benefit Fund” to support community based programs and activities.

II. PURPOSE
The purpose of this policy is to provide guidelines and procedures for the distribution of public funds, which will in turn fun community programs, activities and educational activities conduct by Eligible Organizations that meet the requirements and guidelines set forth by the City Council in this policy.

III. ELIGIBILITY AND POLICY
A. Eligible Organizations. The requesting organization must be: (1) a non-profit agency as defined by the Internal revenue Service (IRS) with a tax exempt status of 501(c)(3) and is in good standing in the State of California based in the City or provides programs or services to residents of the City; a school or school-based/affiliated organization located in the City; or other City-based organization such as athletic organizations or community groups (collectively called “Eligible Organizations”); (2) must be in existence prior to submittal of an application; and (3) must have a record of successfully providing the type of service, activity or program for which funding is requested.

B. Eligible Services and Activities. To apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include but are not limited to educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. Grants will be awarded in maximum amounts of no more than $5,000. In limited circumstances, the City Council has the discretion to award grants in an amount not to exceed $10,000.

C. Restrictions and Ineligible Organizations.

1. Grants shall not be used for religious activities or political campaigning purposes or activities.

2. A non-profit entity, a school or school-based/affiliated organization or other City-based organizations such as athletic organizations or community groups that have

2 Rev. 2/2022

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
as a member of their board or executive leadership a City employee, a City elected or appointed official or members of their family, are not eligible to apply for a Community Benefit Fund grant. Family members include spouse or domestic partner, child, parent, grandparent, grandchild, cousin, aunt, uncle, sibling, niece, nephew, parent-inlaw,brother-in-law or sister-in-law, as well as all step relationships.

D. City Projects. This policy does not preclude the City from undertaking and funding projects on its own initiative that would be a benefit to the community.

IV. APPLICATION PROCEDURES
A. Submittal of an Application. Applicants must use the Community Benefit Fund application form. Forms are available on the City website at www.cityofmaywood.org and at Maywood City Hall at 4319 E. Slauson Avenue, Maywood, CA 90270.

Applications may be requested by email at [email protected] B. Application Deadline. The City Council will have quarterly application cycles available to consider requests contingent upon monies being available under the program. The application cycles and deadlines are as follows:

Application Cycle
Quarter 1: July 1 - September 30 June 1
Quarter 2: October 1 - December 31 September 1
Quarter 3: January 1 - March 30 December 1
Quarter 4: April 1 - June 30 March 1
Application Deadline
The application must be submitted by 5:00 p.m. on the applicable deadline date addressed to: City of Maywood, Attention: Community Benefit Fund via City Manager’s Office, 4319 E. Slauson Avenue, Maywood, CA 90270.

C. General Information.

1. Applicants may apply for funds during any application cycle.

Notwithstanding, funds must be requested and spent during the same fiscal year in which the award was approved by the City Council.

2. Organizations may submit only one application per fiscal year.

3. Funding to an Eligible Organization will not constitute a precedent for contributions in subsequent fiscal years.

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
3 Rev. 2/2022
V. EVALUATION OF APPLICATION AND SELECTION PROCESS
A. Review of Applications. Following the application deadline, City Staff will review the applications. Applicants may be contacted if further information is requested, to answer questions, clarify their application, etc. All applications will be evaluated to ensure that the applicant is an “Eligible Organization” and that purpose for which the grant is sought is consistent with this policy. Applications and recommendations of Staff, if any, will be presented to the City Council during a regular scheduled City Council meeting for the Council’s consideration and approval.

B. City Council Action. The City Council will take final action on award of all grants and maintains the discretion to fund in whole or in part any request or not to fund any or all requests during the Application Cycle. Alternatively, the City Council may hold-over any application into the next Application Cycle. In the case of multiple applications that are competing for limited available funds, consideration may be given to applications based on the following criteria: (i) the number of residents who are expected to benefit, participate in or be positively impacted by the program; (ii) the performance of the applicant in prior years, including demonstrated fiscal responsibility and compliance with applicable requirements; (iv) the amount of funding previously award to the applicant or the program or event in prior years; and (v) the total amount of funding requested as a proportion of the total available funds for the applicable fiscal year.

VI. POST AWARD REQUIREMENTS
A. Agreement. All Eligible Organizations elected to receive funds will be required to sign and execute an agreement with the City of Maywood.

B. Reporting. Eligible Organizations must complete a report, within 45 days of fund expenditure, describing the use of the grant and amount expended, the number of participants in the event or program, copies of any publicity of the event or program, and a narrative regarding the benefit to the City of Maywood. The City reserves the right to conduct an audit and/or require additional back-up information to substantiate how funds received from the City were expended. Failure to submit this required report will make the Eligible Organization ineligible for allocation of future funds until the required report is submitted. These reports will be reviewed and taken into account for evaluating subsequent funding proposals from that entity.

C. Request for Funds. The Eligible Organization receiving the funds is responsible for submitting a funds request to the City’s Finance Director and shall allow the City up to 30 days to process the request. If a third-party vendor is the recipient of the funds (i.e. bus company used for field trip), then the request shall include the information regarding that vendor including their Tax Identification Number and the check shall be made payable to that vendor. If the grant is to be used to purchase tangible goods or services, the City has the discretion to purchase the goods or services directly and

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
4 Rev. 2/2022
pass-through the goods or services to the Eligible Organization rather than provide the funding.

D. Return of Funds to the City. Unexpended funds must be returned to the City at the end of the fiscal year. Funds must also be returned to the City if the City determines that the applicant has not performed in accordance with the approved application listing the use of the funds.

E. Failure to Abide by Policy. The failure of an Eligible Organization to abide by this Policy will result in the Eligible Organization being denied for funding in the future.

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 9.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: REVIEW AND DIRECTION ON FISCAL YEAR 2023/2024 SPECIAL REVENUES

BUDGET AND CAPITAL IMPROVEMENT PROGRAM
RECOMMENDATION:

This is the second of two planned discussions, prior to a public hearing in June to consider adoption of the proposed FY 2023-2024 budget. City staff is seeking direction from Council to build the draft budget.

BACKGROUND:

The purpose of this report is for the City Council to receive an overview of the Special Fund expenditures and expectations for FY 2023-2024 and review the proposed Capital Improvement Budget.

DISCUSSION:

Special Revenue Fund Balance
Most budgeted estimates were received as forecasted during last year’s budget planning. However, two funds that were not included in the adopted 2022-2023 budget included fund 611 – Redevelopment “Successor” Agency and fund 273 – Local Fiscal Recovery Fund. Details can be found in Attachment 1 of this report. This report includes funds that are deemed as restrictive or “special” but are primarily received on an annual basis.

Estimated Fund Balances for Fiscal Year 2022-2023
Special Revenue Funds (Attachment 1)
Special Revenue
Funds
1 – Year to Date Revenues $8,643,155.24
2 – Adopted Budget Revenues $6,369,286.00
3 - Estimated Closing Revenues $9,408,510.84
4 – Difference $3,039,224.84

Attachment 2 includes the proposed Special Revenue funds budget for Fiscal Year 2022-2023, the expected expenditures and estimated ending balance as of June 30, 2023. This attachment excludes fund 611 – Redevelopment “Successor” Agency and fund 273 – Local Fiscal Recovery Fund. It only includes the fund balances for revenues received on an annual basis.

Attachment 3 includes the proposed Special Revenue funds budget for Fiscal Year 2023-2024, the expected expenditures and estimated ending balance as of June 30, 2024. This attachment excludes fund 611 – Redevelopment “Successor” Agency and fund 273 – Local Fiscal Recovery Fund. It only includes the fund balances for revenues received on an annual basis.

Estimated Fund Balances for Fiscal Year 2023-2024
Special Revenue Funds (Attachment 2)
Special Revenue Funds
1 - Estimated Beginning Balance 7/1/2023 $9,887,765.68
2 - Estimated Revenue $4,632,328.00
3 - Proposed Expenditures $7,792,818.00
4 - Transfers In/(Out) $0.00
5 - Estimated Ending 6/30/2024 $6,727,275.68
6 - Estimated Change in Fund Balance $3,160,490.00
Proposed Expenditures
Attachment 4 includes the estimated expenditures for the current fiscal year and the proposed expenditures for the next fiscal year.

Capital Improvement Budget
The city has several street, facilities, park and sewer projects included and carried over from the prior fiscal year. Attachment 5 includes the complete list of projects, associated budgets, and funding sources.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with this staff report. City Council direction will be used to prepare the draft FY 2023-2024 budget.

ATTACHMENT(S)

1. Attachment 1 2022-2023 Special Revenue Totals

2. Attachment 2 Estimated Fund Balance for Fiscal Years 2022-2023

3. Attachment 3 Estimated Fund Balance for Fiscal Year 2023-2024

4. Attachment 4 Proposed Expenditures for Special Revenue Funds

5. Attachment 5 CIP Overview

!

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 10.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL

LICENSE FOR MAYWOOD GREEN SOLUTION, LLC DBA HAVEN
RECOMMENDATION:

Staff recommends that the City Council approve the application for the renewal of a commercial cannabis retail license for Maywood Green Solution, LLC (“Haven”), located at 3951 Slauson Avenue for a one-year term expiring on May 12, 2024 and authorize the Director of Building and Planning to notify the applicant in writing of the City Council's decision.

BACKGROUND:

On August 28, 2019, the Maywood City Council adopted ordinance 19-03 that changed the status of commercial cannabis uses and businesses in the City. Most significantly, the ordinance banned the issuance of any new commercial cannabis licenses. Applications that were in the process had to have received their license and conditional use permit prior to the effective date of the Ordinance. The adoption of this Ordinance also made any existing commercial cannabis business a non-conforming use subject to the provisions of Section 15.2 of Appendix C of the Zoning Code.

Ordinance 19-03 ("Ordinance") created a process for the renewal of existing licenses. The ordinance details the application renewal process by establishing requirements to determine if an application can be renewed or denied. These requirements must be met to allow the City Council to determine whether a license should be renewed, or if there are grounds for denial.

This process requires that the City Council determines if the cannabis entities operate lawfully. The information necessary to make this determination is provided by Hinderliter, de Llamas & Associates (“HdL”). Every year the business is inspected quarterly to determine if the business is operating in compliance with State law and the City's Ordinance. The inspection also ensures the business operates in a safe manner to protect both employees and customers at each business. Staff accompanies HdL on these inspections to verify compliance with the approved Conditions of Approval for the Conditional Use Permit. These inspections with their suggested remedial actions help to ensure proper operation prior to license renewal.

As part of this renewal process HdL conducts criminal background checks on all owners, managers, employees, contractors and volunteers, employed in Maywood’s commercial cannabis industry. All who are found to have disqualifying factors will not be permitted to work, own, manage or volunteer for a cannabis business in Maywood. HdL will also conduct a financial audit annually, which includes the verification of the tracking and tracing of the product and of matching the product with its respective transaction. This measure will detect illegal diversion or the sale of unlicensed (illegal) product, which is central to the verification of the

lawful and complete remittance of the local cannabis tax.

DISCUSSION:

Haven's Conditional Use Permit was approved on June 19, 2018. Haven is a cannabis retailer or dispensary that obtained their business license in November 2018.

Haven currently operates as a brick and mortar dispensary with a single component; retail. They are licensed by the State of California Bureau of Cannabis Control (license #C10-0000082-LIC) as a Type 10 Retailer, and their license is currently valid through May 22, 2024.

Renewals per the ordinance are to be renewed annually. The renewal process began last year and is continued throughout the year with quarterly inspections and an annual audit. As a result of the adherence to the regulations, the evaluation of Haven's commercial cannabis license renewal application was completed.

Background Check:

Applications for two (2) owners and twelve (19) employees were submitted and all background checks were subsequently cleared. Haven is in full compliance with this requirement.

Facility Inspection:

HdL has conducted several on-site inspections since Haven opened, including a virtual inspection during the Covid-19 pandemic. The latest inspection was conducted on March 7, 2023 with City staff in attendance. City staff and a Compliance Inspector from HdL conducted a facility inspection. The inspection revealed no noncompliant issues. As a result, the facility is considered to be in full compliance.

Financial Audit:

Haven is current on all audits.

In conclusion, based on the inspections, investigations, and audits described in this report, staff has determined that the business is in compliance and that none of the conditions in Section 5-45-05(b) exist, and therefore, staff recommends that the City Council approve the renewal of the license.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Haven's Maywood dispensary pays the 10% Cannabis Sales Tax (Revenue Account 4238) on a quarterly basis to the City. Haven's Maywood dispensary also generates Sales Tax, which is currently 10.25 percent and is divided as follows: a) 6.00% State Tax; b) 0.25% County Tax; c) 0.75% City Tax; and d) 3.25% Special Tax.

Both tax sources (Cannabis Sales tax and Regular Sales tax) provide revenues that help support City services.

ATTACHMENT(S)

1. Haven 2023 Renewal Application

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 11.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL

LICENSE FOR SINSEMILLA INDO GROUP, INCORPORATED DBA OG NATION RECOMMENDATION:

Staff recommends that the City Council approve the application for the renewal of a commercial cannabis microbusiness license for Sinsemilla Indo Group, Incorporated dba OG Nation located at 6142 Walker Avenue, for a one-year term expiring on May 12, 2024, and authorize the Director of Building and Planning to notify the applicant in writing of the City Council's decision.

BACKGROUND:

On August 28, 2019, the Maywood City Council adopted ordinance 19-03 that changed the status of commercial cannabis uses and businesses in the City. Most significantly, the ordinance banned the issuance of any new commercial cannabis licenses. Applications that were in the process had to have received their license and conditional use permit prior to the effective date of the Ordinance. The adoption of this Ordinance also made any existing commercial cannabis business a non-conforming use subject to the provisions of Section 15.2 of Appendix C of the Zoning Code.

Ordinance 19-03 ("Ordinance") created a process for the renewal of existing licenses. The ordinance details the application renewal process by establishing requirements to determine if an application can be renewed or denied. These requirements must be met to allow the City Council to determine whether a license should be renewed, or if there are grounds for denial.

This process requires that the City Council determines if the cannabis entities operate lawfully. The information necessary to make this determination is provided by Hinderliter, de Llamas & Associates (“HdL”). Every year the business is inspected quarterly to determine if the business is operating in compliance with State law and the City's Ordinance. The inspection also ensures the business operates in a safe manner to protect both employees and customers at each business. Staff accompanies HdL on these inspections to verify compliance with the approved Conditions of Approval for the Conditional Use Permit. These inspections with their suggested remedial actions help to ensure proper operation prior to license renewal.

As part of this renewal process HdL conducts criminal background checks on all owners, managers, employees, contractors and volunteers, employed in Maywood’s commercial cannabis industry. All who are found to have disqualifying factors will not be permitted to work, own, manage or volunteer for a cannabis business in Maywood. HdL will also conduct a financial audit annually, which includes the verification of the tracking and tracing of the product and of matching the product with its respective transaction. This measure will detect illegal diversion or the sale of unlicensed (illegal) product, which is central to the verification of the

lawful and complete remittance of the local cannabis tax.

DISCUSSION:

OG Nation's Conditional Use Permit was approved on December 19, 2017. OG Nation is a cannabis microbusiness that obtained their business license in December 2018. An audit has been conducted and sales tax payments are up to date.

Bonafied currently operates as a microbusiness with four components: retail, cultivation, manufacturing and distribution. They are licensed by the State of California Bureau of Cannabis Control (license #C12-0000238- LIC) as a Type 12 Microbusiness: Storefront retail, Distribution, and Manufacturer Packaging only and their license is valid through August 12, 2023.

Renewals per the ordinance are to be renewed annually. We started the renewal process last year and continued with the quarterly inspections and annual audits. As a result of the adherence to the regulations, the evaluation of OG Nation's commercial cannabis license renewal application was completed.

Background Check:

Applications for one (1) owner and thirty-six (36) employees were submitted and all background checks were subsequently cleared. Bonafied is in full compliance with this requirement.

Facility Inspection:

HdL has conducted several on-site inspections since OG Nation opened, including a virtual inspection during the Covid-19 pandemic. The latest inspection was conducted on March 7, 2023 with City staff in attendance.

City staff and a Compliance Inspector from HdL conducted a facility inspection. The inspection revealed no non-compliance items. As a result, the facility is considered to be in full compliance.

Financial Audit:

Bonafied is current on all audits.

In conclusion, based on the inspections, investigations and audits described in this report, Staff has determined that the business is in compliance and that none of the conditions in Section 5-45-05(b) exist and therefore, staff recommends that the City Council approve the renewal of the license.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

OG Nation's dispensary pays the 10% Cannabis Sales Tax (Revenue Account 4238) on a quarterly basis to the City. OG Nation's Maywood dispensary also generates Sales Tax, which is currently 10.25 percent and is divided as follows: a) 6.00% State Tax; b) 0.25% County Tax; c) 0.75% City Tax; and d) 3.25% Special Tax.

Both tax sources (Cannabis Sales tax and Regular Sales tax) provide revenues that help support City services.

All quarterly Cannabis Sales Tax payments of OG Nation's Maywood dispensary are current.

ATTACHMENT(S)

1. OG Nation 2023 Renewal Application

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 12.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS MANUFACTURER LICENSE FOR I.O.N. DISTRIBUTION, LLC
RECOMMENDATION:

Staff recommends that the City Council approve the application for the renewal of a commercial cannabis manufacturer license for I.O.N. Distribution, LLC located at 3728 Fruitland Avenue, for a one-year term expiring on May 12, 2024, and authorize the Director of Building and Planning to notify the applicant in writing of the City Council's decision.

BACKGROUND:

On August 28, 2019, the Maywood City Council adopted ordinance 19-03 that changed the status of commercial cannabis uses and businesses in the City. Most significantly, the ordinance banned the issuance of any new commercial cannabis licenses. Applications that were in the process had to have received their license and conditional use permit prior to the effective date of the Ordinance. The adoption of this ordinance also made any existing commercial cannabis business a non-conforming use subject to the provisions of section 15.2 of Appendix C of the Zoning Code.

Ordinance 19-03 ("Ordinance") created a process for the renewal of existing licenses. The ordinance details the application renewal process by establishing requirements to determine if an application can be renewed or denied. These requirements must be met to allow the City Council to determine whether a license should be renewed, or if there are grounds for denial.

This process requires that the City Council determines if the cannabis entities operate lawfully. The information necessary to make this determination is provided by Hinderliter, de Llamas & Associates (“HdL”). Every year the business is inspected quarterly to determine if the business is operating in compliance with State law and the City's Ordinance. The inspection also ensures the business operates in a safe manner to protect both employees and customers at each business. Staff accompanies Hdl on these inspections to verify compliance with the approved Conditions of Approval for the Conditional Use Permit. These inspections with their suggested remedial actions help to ensure proper operation prior to license renewal.

As part of this renewal process HdL conducts criminal background checks on all owners, managers, employees, contractors and volunteers, employed in Maywood’s commercial cannabis industry. All who are found to have disqualifying factors will not be permitted to work, own, manage or volunteer for a cannabis business in Maywood. HdL will also conduct a financial audit annually, which includes the verification of the tracking and tracing of the product and of matching the product with its respective transaction. This measure will detect illegal diversion or the sale of unlicensed (illegal) product, which is central to the verification of the

lawful and complete remittance of the local cannabis tax.

DISCUSSION:

I.O.N.’s Conditional Use Permit was approved on July 3, 2018. ION is a cannabis manufacturer and distributor that obtained their business license in January 2019.

I.O.N. currently operates as a manufacturer and distributor. They are licensed by the State of California Bureau of Cannabis Control (license #CDPH-10003336) as a Type 6 Manufacturer (Non-volatile) and Type 11 Distributor (license #C11-0001078). Their Type 6 license is valid through May 31, 2023 and their Type 11 license is valid through September 17, 2023.

Renewals per the ordinance are to be renewed annually. We started the renewal process last year and continued with the quarterly inspections and annual audits. As a result of the adherence to the regulations, the evaluation of I.O.N's commercial cannabis license renewal application was completed.

Background Check:

Applications for one (1) owner and seven (7) employees were submitted and all background checks were subsequently cleared. I.O.N. is in full compliance with this requirement.

Facility Inspection:

HdL has conducted several on-site inspections since I.O.N. opened, including a virtual inspection during the Covid-19 pandemic. The latest inspection was conducted on March 7, 2023 with City staff in attendance. City staff and a Compliance Inspector from HdL conducted a facility inspection. The inspection revealed no noncompliance items. As a result, the facility is considered to be in full compliance.

Financial Audit:

I.O.N. is current on all audits.

In conclusion, based on the inspections, investigations and audits described in this report, Staff has determined that the business is in compliance and that none of the conditions in Section 5-45.05(b) exist and therefore, staff recommends that the City Council approve the renewal of the license.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

I.O.N. Distribution LLC's dispensary pays the 10% Cannabis Sales Tax (Revenue Account 4238) on a quarterly basis to the City. I.O.N. Distribution LLC’s Maywood dispensary also generates Sales Tax, which is currently 10.25 percent and is divided as follows: a) 6.00% State Tax; b) 0.25% County Tax; c) 0.75% City Tax; and d) 3.25% Special Tax. Both tax sources (Cannabis Sales tax and Regular Sales tax) provide revenues that help support City services.

ATTACHMENT(S)

1. I.O.N 2023 Renewal Application

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 13.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS RETAIL

LICENSE FOR FIREHOUSE HEALTHCARE INDUSTRIES, INCORPORATED DBA FIREHOUSE 365
RECOMMENDATION:

Staff recommends that the City Council approve the application for a commercial cannabis retail license renewal for Firehouse Healthcare Industries, Incorporated dba Firehouse 365 located at 6118 Atlantic Boulevard, for a one-year term expiring on May 12, 2024, and authorize the Director of Building and Planning to notify the applicant in writing of the City Council's decision but require a 90 day review of the business to determine if any futher action is required.

BACKGROUND:

On August 28, 2019, the Maywood City Council adopted Ordinance 19-03 that changed the status of commercial cannabis uses and businesses in the City. Most significantly, the ordinance banned the issuance of any new commercial cannabis licenses. Applications that were in the process had to have received their license and conditional use permit prior to the effective date of the Ordinance. The adoption of this Ordinance also made any existing commercial cannabis business a non-conforming use subject to the provisions of Section 15.2 of Appendix C of the Zoning Code.

Ordinance 19-03 ("Ordinance") created a process for the renewal of existing licenses. The ordinance details the application renewal process by establishing requirements to determine if an application can be renewed or denied. These requirements must be met to allow the City Council to determine whether a license should be renewed, or if there are grounds for denial as set forth in Section 5-46.05 of the Maywood Municipal Code.

This process requires that the City Council determines if the cannabis entities operate lawfully. The information necessary to make this determination is provided by Hinderliter, de Llamas & Associates (“HdL”). Every year, the business is inspected quarterly to determine if the business is operating in compliance with State law and the City's Ordinance. The inspection also ensures the business operates in a safe manner to protect both employees and customers at each business. Staff accompanies Hdl on these inspections to verify compliance with the approved Conditions of Approval for the Conditional Use Permit. These inspections with their suggested remedial actions help to ensure proper operation prior to license renewal.

As part of this renewal process, HdL conducts criminal background checks on all owners, managers, employees, contractors and volunteers employed in Maywood’s commercial cannabis industry. All who are found to have disqualifying factors will not be permitted to work, own, manage or volunteer for a cannabis business in Maywood. HdL will also conduct a financial audit annually, which includes the verification of the

tracking and tracing of the product and of matching the product with its respective transaction. This measure will detect illegal diversion or the sale of unlicensed (illegal) product, which is central to the verification of the lawful and complete remittance of the local cannabis tax.

DISCUSSION:

Firehouse 365’s Conditional Use Permit was approved on August 21, 2018. Firehouse 365 is a cannabis retailer that obtained their business license in December 2018. All audits and sales tax payments have been made.

Firehouse 365 currently operates as a brick-and-mortar dispensary with a single component; retail. They are licensed by the State of California Bureau of Cannabis Control (license #C10-0000478-LIC) as a Type 10 Retailer, and their license is valid through July 21, 2023.

Renewals per the ordinance are to be renewed annually. The renewal process began last year and is continued throughout the year with quarterly inspections and an annual audit. As a result of the adherence to the regulations, the evaluation of Firehouse's commercial cannabis license renewal application was completed.

Background Check:

Applications for two (2) owners and ten (10) employees were submitted and all background checks were subsequently cleared. Firehouse 365 is in full compliance with this requirement.

Facility Inspection:

HdL has conducted several on-site inspections since Firehouse 365 opened, including a virtual inspection during the Covid-19 pandemic. The latest inspection was conducted on March 7, 2023 with City staff in attendance. City staff and a Compliance Inspector from HdL conducted a facility inspection. The inspection revealed no non-compliance items. As a result, the facility is considered to be in full compliance.

Financial Audit:

Firehouse 365 is current on all audits.

In conclusion, based on the inspections, investigations and audits described in this report, Staff has determined that the business is in compliance and that none of the conditions in Section 5-45-05(b) exist and therefore, staff recommends that the City Council approve the renewal of the license.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Firehouse 365 pays the 10% revenue account 4238 - Cannabis Sales Tax which is directly remitted to the City on a quarterly basis and generates State Sales Tax which are distributed from the State to the City (revenue account 4100). Both taxes collected help support the City and the services provided.

ATTACHMENT(S)

1. Firehouse 365 2023 Renewal Application

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 14.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: CONSIDERATION OF THE RENEWAL OF A COMMERCIAL CANNABIS

MICROBUSINESS LICENSE FOR MAYWOOD L'CHAIM DBA COOKIES
RECOMMENDATION:

Staff recommends that the City Council approve the application for the commercial cannabis microbusiness license renewal for Maywood L'Chaim ("Cookies"), located at 5815 Maywood Avenue, for a one-year term expiring on May 12, 2024, and authorize the Director of Building and Planning to notify the applicant in writing of the City Council's decision.

BACKGROUND:

On August 28, 2019, the Maywood City Council adopted ordinance 19-03 that changed the status of commercial cannabis uses and businesses in the City. Most significantly, the ordinance banned the issuance of any new commercial cannabis licenses. Applications that were in the process had to have received their license and conditional use permit prior to the effective date of the Ordinance. The adoption of this Ordinance also made any existing commercial cannabis business a non-conforming use subject to the provisions of Section 15.2 of Appendix C of the Zoning Code.

Ordinance 19-03 ("Ordinance") created a process for the renewal of existing licenses. The ordinance details the application renewal process by establishing requirements to determine if an application can be renewed or denied. These requirements must be met to allow the City Council to determine whether a license should be renewed, or if there are grounds for denial as set forth in Section 5-46.05 of the Maywood Municipal Code.

This process requires that the City Council determines if the cannabis entities operate lawfully. The information necessary to make this determination is provided by Hinderliter, de Llamas & Associates (“HdL”). Every year, the business is inspected quarterly to determine if the business is operating in compliance with State law and the City's Ordinances. The inspection also ensures the business operates in a safe manner to protect both employees and customers at each business. Staff accompanies HdL on these inspections to verify compliance with the approved Conditions of Approval for the Conditional Use Permit. These inspections with their suggested remedial actions help to ensure proper operation prior to license renewal.

As part of this renewal process, HdL conducts criminal background checks on all owners, managers, employees, contractors and volunteers employed in Maywood’s commercial cannabis industry. All who are found to have disqualifying factors will not be permitted to work, own, manage or volunteer for a cannabis business in Maywood. HdL will also conduct a financial audit annually, which includes the verification of the tracking and tracing of the product and of matching the product with its respective transaction. This measure will detect illegal diversion or the sale of unlicensed (illegal) product, which is central to the verification of the

lawful and complete remittance of the local cannabis tax.

DISCUSSION:

Cookies’ Conditional Use Permit was approved on August 15, 2017. Cookies is a cannabis microbusiness that obtained their business license in January 2018. All audits and sales tax payments have been made.

Cookies currently operates as a microbusiness with four components: retail, cultivation, manufacturing and distribution. They are licensed by the State of California Bureau of Cannabis Control (license #C12-0000233- LIC) as a microbusiness, and their license is valid through August 1, 2023.

Renewals per the ordinance are to be renewed annually. The renewal process began last year and is continued throughout the year with quarterly inspections and an annual audit. As a result of the adherence to the regulations, the evaluation of Cookie’s commercial cannabis license renewal application was completed.

Background Check:

Applications for one (1) owners and forty-one (41) employees were submitted and all background checks were subsequently cleared. Cookies is in full compliance with this requirement.

Facility Inspection:

HdL has conducted several on-site inspections since Cookies opened, including a virtual inspection during the Covid-19 pandemic. The latest inspection was conducted on March 7, 2023 with City staff in attendance. City staff and a Compliance Inspector from HdL conducted a facility inspection. The inspection revealed a nonpermitted tenant improvement. As of July 2022, plans were submitted and reviewed for compliance. The review process is still in progress to permit the revision to the floor plan. The owner and the city have been working together to resolve this issue.

Financial Audit:

Cookies is current on all audits.

In conclusion, based on the inspections, investigations and audits described in this report, Staff has determined that the business is within compliance and that none of the conditions in Section 5-46.05(b) exist and therefore, staff recommends that the City Council approve the renewal of the license.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

Cookies pays the 10% Cannabis Sales Tax (revenue account 4238) which is directly to the City on a quarterly basis and generate State Sales Tax which are distributed from the State to the City (revenue account 4100).

Both taxes collected help support the City and the services provided. All tax payments are current.

ATTACHMENT(S)

1. Cookies 2023 Renewal Application

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 15.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: STEVE FOWLER, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: DISCUSS AND PROVIDE GUIDANCE FOR THE DIRECTION AND POSSIBLE

CRITERIA FOR THE CREATION OF A RENT STABILIZATION ORDINANCE FOR THE

CITY OF MAYWOOD
RECOMMENDATION:

Staff recommends that the City Council discuss and provide guidance as to the creation of a rent stabilization ordinance with criteria to include in the ordinance and any analysis, and/or community engagement if the determination is to proceed.

BACKGROUND:

Housing is the foundation of our communities. Without a safe, affordable, and inclusive housing base, communities cannot thrive. Though the City is densely developed, with approximately 28,000 residents in approximately one square mile, providing decent and affordable housing opportunities remains an important priority. Maywood’s recorded population and number of housing units has remained relatively stable since 1990. The median household income is estimated to be about one-third lower than the median for the Los Angeles metropolitan area and one in five Maywood residents lives below the poverty line. Homeownership rates are low; nearly three-quarters of Maywood householders are renters. Though housing costs are moderate compared to the region as a whole, housing costs are high compared to Maywood incomes.

DISCUSSION:

The discussion on the matter of rent stabilization could have several different components to address. This report provides a high-level analysis of the anticipated impacts to the City of Maywood by enacting a policy regulating rents for residential rental properties. Specific attention is given to the policy framework that the council would provide guidance as to what the policy would consist of.

The rent stabilization policy framework centers on five high-level areas:
• What rental licensed properties are included?
• What happens when rental units turn over?
• How much can rent be increased?
• How does the City ensures rents are not increased above the limit? • How are disputes resolved?
The first item to consider would be the stabilization ceiling rate. Staff has reviewed various jurisdictions with rent stabilization measures and have included those in this table to allow the Council to review and decide the direction that would best fit the city.

Jurisdiction Rate Ceiling Rate Floor Exclusions

1. Bell Gardens 4% 0 Or CPI

2.Los Angeles County 8% /rental units – 10% /
Luxury Units
0 Or CPI

3.Santa Monica 3% or $70 a month 0

4. Santa Ana 3% 0 80% of CPI

5. Baldwin Park 5% 0 Or CPI
These are jurisdictions that have or are working on rent stabilization policies. The average of these stabilized increases is around 4% every 12 months or if the consumer price index (CPI) is less than the ceiling rate, that would be the increase. As part of the yearly increase, jurisdictions have certain criteria where the policy does not apply, such as the following instances:
• Single-family dwellings when the unit is the only property located on a parcel of land. • Most buildings built after October 1, 1978 (new construction). • Rooms in a motel, hotel, rooming house, or boarding house that have not been occupied by the same tenant for at least 30 consecutive days.
• Housing accommodations in any hospital, state licensed community care facility, convent, monastery, extended medical care facility, asylum, fraternity or sorority house, or housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by its students.
• Most affordable housing units.
• Housing accommodations owned and operated by the Housing Authority, or accommodations that a government agency or authority owns, operates, or manages and that are specifically exempted from municipal rent regulation by state or federal law or administrative regulation. • Luxury housing units classified as exempt. A rental unit is considered a luxury housing accommodation if the landlord obtained a Luxury Exemption Certificate by the City Housing Authority. • A dwelling unit in a nonprofit stock cooperative while occupied by a shareholder tenant of the nonprofit stock cooperative.
• Units in a limited equity housing cooperative when the property is occupied by a member tenant of the cooperative, unless the cooperative acquired the property from a government entity. • A mobile home park for which a permit to operate was first issued on or after February 10, 1986. • Recreational vehicles where a tenant has occupied the vehicle and resided in the park for less than nine continuous months.
• Housing accommodations in an Interim Motel Housing Project subject to and operating in accordance with a Supportive Housing or Transitional Housing contract.

Staff can look into other criteria if the City Council requests.

Another aspect to look into are Just Cause Evictions. This could be put into the policy but it is already a part of California Law AB1482 Tenant Protection Act. Including it codifies the language from the bill into our Municipal Code. Here are a few reasons for Just Cause Evictions:

1. Failure to pay rent.

2. Failure to fix or address a violation of the rental agreement. A tenant is not in violation of this section if the tenant added another person to the unit, exceeding the number of occupants allowed on the original lease, as long as the additional tenant is either the first or second dependent child to join the existing tenancy of a tenant of record or a sole additional adult tenant. Multiple births shall be considered as one child. The landlord has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld. The landlord may also be able to raise the tenant’s rent in some circumstances.

3. Committing or permitting a nuisance, or causing damage to the rental unit.

4. Using the rental unit for an illegal purpose.

5. Failure to renew a similar rental agreement.

6. Failure to provide the landlord reasonable access to the rental unit.

7. The person at the end of the lease term is a subtenant not approved by the landlord.

Another criterion that could go into the policy would be if Rent Banking is allowed. Rent banking is where if an owner does not raise the rent by the full allowed amount in one year, can they “bank” that increase and make up for it the following year by raising the rent above the standard cap.

Currently, the city does not require rental units to be registered with the city, but the owner is required to obtain an apartment business license. Part of a stabilization ordinance could require units to be registered if they meet certain criteria and are not exempt from the ordinance. This would allow the city to track which units would need to be monitored.

While the number of renters impacted and the level of resources needed to manage a rent stabilization enforcement program is driven by the framework, both would require an investment by the city to implement. A cost analysis would need to be conducted to see how much a program like this would cost for the added personnel.

As part of the process of creating an ordinance for rent stabilization, staff is requesting direction from council if they would like additional analysis to be conducted to determine if additional personnel would be necessary for implementation. Also, staff would like to know if council would request engagement with the stakeholders to better understand any issues or concerns that may arise from implementing this type of ordinance.

LEGAL REVIEW:

The City Attorney has reviewed this staff report.

FISCAL IMPACT:

There is no fiscal impact at this time.

ATTACHMENT(S)

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 16.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CALVIN KO, ASSISTANT PLANNER
SUBJECT: CONSIDERATION OF APPROVAL FOR THE ISSUANCE OF FIREWORKS STAND PERMIT TO THE TR3 CITY WILDCATS YOUTH FOOTBALL AND CHEER FOR A STAND LOCATED AT 4202 SLAUSON AVENUE
RECOMMENDATION:

Staff recommends that the City Council consider approving the issuance of a fireworks stand permit to the TR3 City Wildcats Youth Football and Cheer for a stand located at 4202 Slauson Avenue.

BACKGROUND:

Section 4-2.202 of the Maywood Municipal Code requires City Council approval to issue permits for the sale of safe and sane fireworks within the City. Permits that allow for the sale of safe and sane fireworks within the City limits of Maywood are only issued to non-profit associations and corporations. This year’s application period was open from April 1, 2023 through April 30, 2023. Applications received after April 30th are not valid.

DISCUSSION:

Permits authorizing the sale of safe and sane fireworks in the City may be issued with the approval of the City Council to non-profit associations or corporations organized primarily for veterans, youth, patriotic, welfare, civic betterment, or charitable purposes. Each organization must have a membership of at least ten (10) members. Each organization must have its principal and permanent meeting place in the City or in a surrounding City.

Per the Municipal Code, applications to sell fireworks are required to be submitted to the City between the first and last day of April of the current year and must contain the identification of the applicant and the location of the fireworks stand, in addition to other requirements. The number of total approved applications is limited to ten (10) per year.

This year, the City received a total of one (1) completed application by the deadline (see Attachment) which met the criteria for a permit. The application received is from the TR3 City Wildcats Youth Football and Cheer. They have annually applied for this permit and adhered to all conditions of approval.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City would receive $194 in license and temporary use fees per application and will be booked into General Ledger (GL) Code 4215 - Fireworks Application Fee/Sales.

ATTACHMENT(S)

1. 2023 TR3 CITY WILDCATS FIREWORKS STAND APPLICATION

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 17.

DATE: May 24, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES LIAISON
SUBJECT: CONSIDERATION OF APPROVING AN AMENDMENT TO THE FUNDS ALLOCATED

FROM THE COMMUNITY BENEFIT FUND GRANT TO WOLFPACK PTO SENIOR CLASS 2023 IN THE ADDITIONAL AMOUNT OF $1,595
RECOMMENDATION:

Staff recommends that the City Council discuss and consider awarding an additional $1,595 to the Wolfpack Parent-Teacher Organization (PTO) from the Community Benefit Fund to cover the new pricing of the rental of four (4) buses for Grad Night to Disneyland on June 4, 2023.

BACKGROUND:

On March 22, 2023, the City Council awarded $3,101 to the Wolfpack PTO from the Community Benefit Fund for the rental of four (4) buses for Grad Night to Disneyland on June 4, 2023.

DISCUSSION:

The City Council awarded $3,101 to the Wolfpack PTO to cover the cost of the rental of buses for the Grand Night to Disneyland on June 4, 2023; however, due to the time elapsed between the original quote and the City Council’s approval of the application, there has been an increase. Additionally, it was discovered that the original quote provided by a sales associate of FirstStudent Charter Buses contained a miscalculation. The Wolfpack PTO has submitted a new application requesting an additional $1,595 from the Community Benefit Fund to help cover the new pricing for the bus rentals.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

F.Y. 22-23 Impact: $1,595 Current F.Y. Budget: $19,598
Fund Impacted: 100 - General Fund Budget adjustment requested: Not applicable Source of funds: 302 - Community
Services
Updated Account Budget: Not applicable

Account Number: 6301 - Community Benefit
Fund Expenditures
For fiscal year: 2022/2023

ATTACHMENT(S)

1. Amendment Summery for Buses 5-24-23

2. FirstCharterQuote_3-22-23

3. FirstCharterQuote_5-8-23

4. New_Invoice_American Transportation_Confirmation

This is ONLY a Quote Please contact us to confirm and reserve your transportation.

Printed on: FEB 27, 2023 at 09:45:01 CST
*This quote is valid for 15 days. Pricing is based on information provided at the time of submission and is subject to change.

Sincerely,
First Student Charter Bus
855-870-8747
Dear Yesenia Carvajal,
Your Trip Quote:

Reference number:
$3,100.76
7878885
All trips are scheduled on a first come first served basis. In order to ensure that we have buses available for you, we recommend you book your trip within 24 hours of receiving this letter.

Please contact us if you have any questions concerning your quote or our service. We look forward to assisting you with finalizing your reservation.

Here is a summary of your requested trip:
. # of Buses:
. # of Passengers:
. Pick up date:
. Pick up time:
. Pick up location:
4 210
06/04/2023
09:00 AM
Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270 To meet your needs, your trip will require a total service time of 8 hrs. . Destination: Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802 Thank you for choosing First Student. When your group boards a First Student Charter School Bus they not only get safe, professional transportation service - they get a trip back to their childhood days when getting there was half the fun!

7878885
QUOTE# Bus Number
06/04/2023 09:00 AM
06/05/2023 00:30 AM
Yesenia Carvajal - 3235272219
Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270 QUOTE DETAILS:

SERVICE START DATE/TIME:

SERVICE END DATE/TIME:

TRIP CONTACT:

PICK-UP:
1 of 4
Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802
SL12477 AVALON
310-769-2400 /
DROP-OFF:

SERVICE LOCATION:

DAY OF TRIP/AFTER HOURS
PHONE:

NOTES: Trip Contact: Yesenia Carljal 323-527-2219
PAX: 210
===GRAD NIGHT SPLIT/TAKE BUS 9:00AM===
Pick-up time: 9:00 AM
Pick-up Location: Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270
Drop-off Location: Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802
===GRAD NIGHT SPLIT/RETURN BUS 11:30PM===

7878885
QUOTE# Bus Number
06/04/2023 09:00 AM
06/04/2023 11:00 AM
Yesenia Carvajal - 3235272219
Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270 QUOTE DETAILS:

SERVICE START DATE/TIME:

SERVICE END DATE/TIME:

TRIP CONTACT:

PICK-UP:
2 of 4
Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802
SL12477 AVALON
310-769-2400 /
DROP-OFF:

SERVICE LOCATION:

DAY OF TRIP/AFTER HOURS
PHONE:

NOTES: Trip Contact: Yesenia Carljal 323-527-2219
PAX: 210
===GRAD NIGHT SPLIT/TAKE BUS 9:00AM===
Pick-up time: 9:00 AM
Pick-up Location: Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270
Drop-off Location: Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802
===GRAD NIGHT SPLIT/RETURN BUS 11:30PM===

7878885
QUOTE# Bus Number
06/04/2023 11:30 PM
06/05/2023 00:30 AM
Yesenia Carvajal - 3235272219
Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802
QUOTE DETAILS:

SERVICE START DATE/TIME:

SERVICE END DATE/TIME:

TRIP CONTACT:

PICK-UP:
3 of 4
Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270 SL12477 AVALON
310-769-2400 /
DROP-OFF:

SERVICE LOCATION:

DAY OF TRIP/AFTER HOURS
PHONE:

NOTES: Trip Contact: Yesenia Carljal 323-527-2219
PAX: 210
===GRAD NIGHT SPLIT/RETURN BUS 11:30PM===
Pick-up time: 11:30pm
Pick-up Location: Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802 Drop-off Location: Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270
====END OF TRIP====

7878885
QUOTE# Bus Number
06/04/2023 11:30 PM
06/05/2023 00:30 AM
Yesenia Carvajal - 3235272219
Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802
QUOTE DETAILS:

SERVICE START DATE/TIME:

SERVICE END DATE/TIME:

TRIP CONTACT:

PICK-UP:
4 of 4
Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270 SL12477 AVALON
310-769-2400 /
DROP-OFF:

SERVICE LOCATION:

DAY OF TRIP/AFTER HOURS
PHONE:

NOTES: Trip Contact: Yesenia Carljal 323-527-2219
PAX: 210
===GRAD NIGHT SPLIT/RETURN BUS 11:30PM===
Pick-up time: 11:30pm
Pick-up Location: Disneyland Park -- 1313 Disneyland Dr Anaheim CA 92802 Drop-off Location: Maywood Center for Enriched Studies -- 5800 King Ave Maywood CA 90270
====END OF TRIP====

QUOTE DOCUMENT
QUOTE NUMBER:Q-30282
QUOTE DATE: 5/8/2023, 2:45 PM
Created for: Yesenia Carvajal, Maywood Center For Enriched Studies Event Date: 6/4/2023
Quote Expires on: 5/23/2023
This quote is valid for 15 days. Pricing is based on information provided at the time of submission and is subject to change.

Yesenia Carvajal
Maywood Center For Enriched Studies
5800 King Ave
Maywood,CA, 90270
Dear Yesenia Carvajal,
Thank you for choosing First Student.

When your group boards a First Student Charter School Bus they not only get safe, professional transportation service - they get a trip back to their childhood days when getting there was half the fun!
The Quote for your requested event is provided herewith alongwith the details of the pricing as well as the Terms and Conditions for fulfillment of the Order, if the Quote is accepted by you.

Please review the quote and provide your acceptance at your earliest. Please feel free to reach out to the undersigned with any questions or concerns.

Sincerely,

FIRST STUDENT CHARTER
855-870-8747

QUOTE NUMBER:Q-30282 QUOTE DATE: 5/8/2023, 2:34 PM
Customer Account: Maywood Center For Enriched
Studies
Quote Expires on: 5/23/2023
Primary Contact: Yesenia Carvajal
Event Type: School Athletics/Field Trip Event Date: 6/4/2023 Trip Pickup Address: 5800 King Ave, Maywood, CA, 90270
Trip Event Address: 1313 Disneyland Dr, Anaheim, CA, 92802 Trip Return Address: , , ,
Number of Buses: 6.00
Vehicle Special Needs: N/A
Your Trip Quote: USD 4,698.00
Sales Tax for the Taxable Items on this Quote has been charged based on the Postal code of the Service Location servicing this trip, at the rate of: 0.00%

Trip Details
Bus # Type Name Address Comments Arrival Departure
1 Pickup Maywood Center for
Enriched Studies
5800 King Ave
Maywood, CA 90270
DOTC: Yesenia
Carvajal - 323-527-2219
PAX: 125 kids/ adults
Jun 4, 2023
09:00 AM
Jun 4, 2023
09:15 AM
1 Dropoff Disneyland Park 1313 Disneyland Dr
Anaheim, CA 92802
Jun 4, 2023
09:41 AM
Jun 4, 2023
10:00 AM
2 Pickup Maywood Center for
Enriched Studies
5800 King Ave
Maywood, CA 90270
Jun 4, 2023
09:00 AM
Jun 4, 2023
09:15 AM
2 Dropoff Disneyland Park 1313 Disneyland Dr
Anaheim, CA 92802
Jun 4, 2023
09:41 AM
Jun 4, 2023
10:00 AM
3 Pickup Maywood Center for
Enriched Studies
5800 King Ave
Maywood, CA 90270
Jun 4, 2023
09:00 AM
Jun 4, 2023
09:15 AM
3 Dropoff Disneyland Park 1313 Disneyland Dr
Anaheim, CA 92802
Jun 4, 2023
09:41 AM
Jun 4, 2023
10:00 AM
4 Pickup Disneyland Park 1313 Disneyland Dr
Anaheim, CA 92802
DOTC: Yesenia
Carvajal - 323-527-2219
PAX: 125 kids/ adults
Jun 4, 2023
11:00 PM
Jun 4, 2023
11:15 PM
4 Dropoff Maywood Center for
Enriched Studies
5800 King Ave
Maywood, CA 90270
Jun 4, 2023
11:46 PM
Jun 5, 2023
12:00 AM
5 Pickup Disneyland Park 1313 Disneyland Dr
Anaheim, CA 92802
Jun 4, 2023
11:00 PM
Jun 4, 2023
11:15 PM
5 Dropoff Maywood Center for
Enriched Studies
5800 King Ave
Maywood, CA 90270
Jun 4, 2023
11:46 PM
Jun 5, 2023
12:00 AM
6 Pickup Disneyland Park 1313 Disneyland Dr
Anaheim, CA 92802
Jun 4, 2023
11:00 PM
Jun 4, 2023
11:15 PM
6 Dropoff Maywood Center for
Enriched Studies
5800 King Ave
Maywood, CA 90270
Jun 4, 2023
11:46 PM
Jun 5, 2023
12:00 AM

Charter Service Terms and Conditions
First Student

USE OF OR PAYMENT FOR THE SERVICES SHALL

BE DEEMED ACCEPTANCE OF THIS CONTRACT
These Terms and Conditions, including any addendums and documents referred to therein, along with the Notice of Trip Confirmation (collectively, the "Contract") govern provision of the transportation services by First Student, Inc. ("First Student") described in the attached Notice of Trip Confirmation (the "Services"). This Contract shall remain in effect for a period of one (1) year after the date it is signed by ___________ ("Customer").

1. SCOPE OF SERVICES:

U
nless otherwise stated, transportation will be provided using a non-air conditioned, large conventional, yellow school bus. The driver will follow itinerary as shown in the Notice of Trip Confirmation. No changes to the scope of Services will be guaranteed unless provided in writing by First Student.

2. PAYMENT:

First Student requires payment at the time of booking, unless otherwise agreed in writing. First Student accepts only the following forms of payment: MasterCard, Visa, American Express, Cashier’ s Cheque, Money Order, ACH, or Cheque made payable to “First Student.” If Customer pays by cheque, the reservation will be confirmed upon receipt and clearance of the cheque. Cheques returned from a bank (insufficient funds, stop payment, etc.) will result in a ($30.00) fee. If payment is made by credit card, the transaction will be done by a third-party PCI compliant vendor.

3. NOTICE OF CANCELLATION:

Customer shall give First Student notice of cancellation not less than five (5) business days prior to the scheduled departure time to receive a full refund.
(a) FAILURE TO GIVE SUCH NOTICE SHALL RESULT IN CHARGE OF A ONE HUNDRED AND FIFTY DOLLAR ($150.00) CANCELLATION FEE FOR EACH BUS RESERVED. (b) CANCELLATIONS OCCURRING 24 HOURS OR LESS FROM THE SCHEDULED ARRIVAL OF THE BUS WILL RESULT IN CANCELLATION FEES EQUAL TO THE FULL QUOTED TRIP PRICE.

4. CHANGE FEES:

ANY CHANGES MADE TO AN EXISTING RESERVATION LESS THAN FIVE (5) BUSINESS DAYS WILL INCUR A ($50.00) CHANGE FEE. CHANGES TO THE ITINERARY IN THE NOTICE OF TRIP CONFIRMATION ARE NOT GUARANTEED UNTIL CONFIRMATION IN WRITING BY FIRST STUDENT.

5. TAXES; ADDITIONAL CHARGES:

Customer shall be charged for and pay any and all taxes, including, but not limited to federal, provincial, local, goods and services taxes and airport taxes, if applicable (“Taxes”). Taxes are subject to change without notice to Customer. Prices include Taxes. Unless specified, prices do not include parking fees, tolls, or additional charges for (i) changes in the scope of Services that result in additional mileage or driver hours; (ii) unidentified permits or fees as required by venue or local jurisdictions; (iii) damage to equipment caused by passengers; (iv) extra cleaning of the equipment due to the nature of Services or the conduct of the passengers, or (v) Taxes in respect of such additional charges (collectively, the “Additional Charges”). Customer shall be charged for and pay any and all Additional Charges.

CUSTOMER AUTHORIZES FIRST STUDENT TO INVOICE ANY OF THE ABOVE REFERENCED ADDITIONAL

CHARGES TO THE CREDIT CARD ON FILE OR OTHER MEANS OF PAYMENT USED BY CUSTOMER

OR INVOICE THE CUSTOMER FOR SUCH ADDITIONAL CHARGES IF THE CUSTOMER HAS PAID BY CHEQUE.

6. FIRST STUDENT’S RESPONSIBILITIES:
(a) To use appropriately trained personnel to perform the Services safely and in a professional manner subject to the terms and conditions of this Contract.
(b) To issue a full refund to the Customer when the Services are cancelled by First Student. (c) To notify the Customer of any Taxes, parking fees, tolls and Additional Charges that have been incurred and assessed to Customer in connection with the Services.

7. CUSTOMER’ S RESPONSIBILITIES:
(a) To comply with all rules, regulations and instructions, including but not limited to the COVID-19 Guidance, of First Student relating to the Services and all applicable laws. (b) To promptly pay all Taxes, parking fees, tolls and Additional Charges incurred or assessed in connection with the Services.
(c) To give notice of cancellation to First Student not less than five (5) business days prior to the scheduled departure time.
(d) To sign a trip sheet upon the request of the driver when the Services have been completed. (e) Driver gratuities are not included and should be paid directly to driver at the time of Services. (f) Provide a primary point of contact for driver and other First Student personnel through duration of event. (g) Ensure all passengers conduct themselves in an orderly manner and leave the bus or other First Student vehicle in the pre-trip condition.
(h) To indemnify, defend and hold harmless First Student from and against all claims, damages and expenses (including reasonable attorney’ s fees) arising out of, or related to, the conduct, including but not limited to negligence, of the Customer or any passengers, during the performance of, or relating to, the Services provided by First Student pursuant to this Contract.

8. DISCLAIMER:

THE SERVICES PROVIDED BY FIRST STUDENT ARE PROVIDED ON AN “AS IS”, “WHERE IS” BASIS. FIRST

STUDENT MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING ANY

WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

9. LIMITATION OF LIABILITY:

IN NO EVENT SHALL FIRST STUDENT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY SPECIAL,

INDIRECT, INCIDENTAL, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF

REVENUE OR PROFITS) OF ANY KIND EVEN IF FIRST STUDENT HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES OR FIRST STUDENT COULD HAVE REASONABLY FORESEEN SUCH DAMAGES. FIRST STUDENT’ S AGGREGATE LIABILITY SHALL NOT EXCEED FOR ANY REASON WHATSOEVER THE AMOUNT OF FEES RECEIVED FROM THE CUSTOMER UNDER THIS CONTRACT.

10. FORCE MAJEURE:

First Student shall not be liable to Customer for any delays or non-performance resulting from mechanical failure, road, traffic or weather conditions, labor difficulties, or any other causes or circumstances beyond First Student’ s control. All arrival and departure times are approximate and cannot be guaranteed.

11. PASSENGER CONDUCT:

First Student may refuse to transport the Customer or any of the passengers, or may remove any of the passengers from the bus or other First Student vehicle at any point, in the driver’s sole discretion, for one or several reasons, including without limitation:
(a) A passenger’ s conduct is disorderly, abusive or violent; (b) A passenger appears to be intoxicated or under the influence of alcohol or drugs, (c) A passenger attempts to interfere with the driver or the operation of the bus or other First Student vehicle; (d) A passenger refuses to obey instructions from the driver; (e) A passenger engages in any action, voluntary or involuntary, that might jeopardize the safety of the bus or other First Student vehicle or any of the vehicle’s occupants.

12. PROHIBITED ITEMS:

The following items and activities are prohibited at all times on a bus or other First Student vehicle unless you have received prior written permission from First Student: (a) smoking; (b) decorations; (c) glass containers or kegs; (d) alcohol, drugs or other intoxicating substances; (e) flammable materials; butane operated grills or other combustibles; (f) guns, knives or any other weapons; and (g) animals.

13. GOVERNING LAW:

The laws of the Province of Ontario and the laws of Canada applicable therein govern all matters, claims or causes of action (whether in contract or tort) arising out of this Contract and each of the documents contemplated by or delivered under or in connection with the Contract, the transactions contemplated under this Contract, the actions or omissions of the parties arising from or related to this Contract, the rights and obligations of the parties under this Contract or the negotiation, execution or performance of this Contract without consideration of conflict of laws principles. The courts located in Toronto, Ontario shall have exclusive jurisdiction and venue over any suit or action against First Student arising out of or relating to this Contract. Customer hereby consents to the personal jurisdiction of such courts and waives any objections to such venue.

14. DISPUTE RESOLUTION:

The parties shall negotiate in good faith in an attempt to resolve any dispute that may arise under this Contract.

Disputes that cannot be resolved by negotiation may be submitted to mediation using a mutually agreed upon mediator. If mediation is not successful, the parties may pursue their remedies as they choose.

15. ATTORNEY’S FEES:

The undersigned agrees that First Student shall be entitled to all attorney’s fees and other costs associated with recouping any amounts owed under this Contract.

16. OPEN ALCOHOL CONTAINERS:

First Student will operate all charter trips in accordance with, and limited by, all governing provincial and territorial laws and regulation pertaining to open alcohol containers in vehicles.

17. SOCIAL DISTANCING:

In the event that there are applicable laws or regulations in existence at the time of the Services that require social distancing , such applicable laws or regulations may dictate a need to alter capacity allowances. Any such capacity changes may result in the need for additional buses, which may result in a change of price and will be subject to the availability of any additional buses. Customer acknowledges receiving First Student’s social distancing guidance information (the “COVID-19 Guidance”) referred to in Addendum A hereto.

18. MISCELLANEOUS:

THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. IT IS THE COMPLETE AND EXCLUSIVE EXPRESSION OF THE PARTIES’ AGREEMENT ON THE MATTERS CONTAINED IN THIS CONTRACT. ALL PRIOR AND CONTEMPORANEOUS NEGOTIATIONS AND

AGREEMENTS BETWEEN THE PARTIES ON THE MATTERS CONTAINED IN THIS CONTRACT ARE EXPRESSLY SUPERSEDED BY THIS CONTRACT. THE PROVISIONS OF THIS CONTRACT MAY NOT BE

EXPLAINED, SUPPLEMENTED OR QUALIFIED THROUGH EVIDENCE OF TRADE USAGE, COURSE OF PERFORMANCE OR A PRIOR COURSE OF DEALINGS. IN ENTERING INTO THIS CONTRACT, NEITHER

PARTY HAS RELIED UPON ANY STATEMENT, REPRESENTATION, WARRANTY NOR AGREEMENT OF THE OTHER PARTY EXCEPT FOR THOSE EXPRESSLY CONTAINED IN THIS CONTRACT. THERE ARE

NO CONDITIONS PRECEDENT TO THE EFFECTIVENESS OF THIS CONTRACT, OTHER THAN THOSE EXPRESSLY STATED IN THIS CONTRACT.

In the event of a conflict between the terms of the Contract and any other document or agreement between Customer and First Student, the terms and conditions of this Contract shall control. If any portion of this Contract is found to be void or unenforceable, the remaining portions of this Contract shall remain in full force and effect.

19. WAIVERS:

The parties may waive any provision in this Contract only by a writing executed by the party or parties against whom the waiver is sought to be enforced. No failure or delay (i) in exercising any right or remedy, or (ii) in requiring the satisfaction of any condition, under this Contract, and no act, omission or course of dealing between the parties, operates as a waiver or estoppels of any right, remedy condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other Person.

20. AMENDMENTS:

The parties may not amend this Contract except by written agreement that each party executes and that is identified as an amendment to this Contract.

21. NO JURY TRIALS:

THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL ON ANY AND ALL PROCEEDINGS

RELATED TO OR ARISING FROM THIS CONTRACT, THE SERVICES THAT FIRST STUDENT PERFORMS PURSUANT TO THIS CONTRACT, THE PERFORMANCE OR NON-PERFORMANCE OF EITHER PARTY’ S

OBLIGATIONS UNDER THIS CONTRACT OR ANY OTHER MATTER ARISING FROM OR RELATED TO THIS CONTRACT.

22. PERSONAL INFORMATION
First Student shall comply with Canadian privacy laws applicable to it in its handling of any personal information (as defined in those privacy laws). To the extent that First Student collects, uses, discloses, and/or retains such personal information on behalf of Customer: (a) it will only do so where reasonably necessary to perform the Services, or as otherwise permitted or required by applicable law; (b) it will protect such personal information from loss, theft or unauthorized disclosure (an “Incident”) using commercially reasonable safeguards; (c) it will promptly notify Customer of any Incident involving such personal information; and (d) it will promptly refer to Customer any access or correction requests made under privacy laws for such personal information. In addition, First Student shall be entitled to retain de-identified versions of any such personal information, provided that the personal information is not reasonably identifiable to either Customer or the applicable individual. To the extent that Customer provides any personal information to First Student, it represents and warrants that it has the authority to do so to enable First Student to provide the Services or make such other uses or disclosures as are identified to Customer in advance
CUSTOMER:
--------------------------------------------------------------- DATE:
___________________________________________

ADDENDUM A - TO TERMS AND CONDITIONS OF SERVICE
COVID-19 WAIVER AND RELEASE OF LIABILITY
Please read thoroughly and carefully.

Customer, for itself, and on behalf of the passengers, acknowledges that the Novel Coronavirus/COVID-19 ("COVID-19"), is a worldwide pandemic, is extremely contagious, and is known to spread mainly through person-to-person contact.

Customer, for itself and on behalf of the passengers, acknowledges that it is very difficult to know who may have COVID-19. Customer, for itself, and on behalf of the passengers, desires to be transported by charter bus operated by First Student as set out in the Charter Service Terms and Conditions. Customer, for itself, and on behalf of the passengers, acknowledges doing so may expose the passengers to COVID-19. Customer, for itself, and on behalf of the passengers, acknowledges that while First Student has put in place measures to try to reduce the spread of COVID-19, those measures cannot and do not guarantee the passengers will not contract COVID-19. Customer, for itself, and on behalf of the passengers, acknowledges and understands that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of passengers and others, including, but not limited to, First Student, staff, and other customers, their families and other passengers. Customer, for itself, and on behalf of the passengers, nonetheless voluntarily seeks the services provided by First Student and acknowledges that in doing so Customer, for itself, and on behalf of the passengers, could be increasing the risk of passenger's exposure to COVID-19. Customer, for itself, and on behalf of the passengers, agrees and acknowledges at the time of booking the fare, the Customer was fully informed and understands First Student's COVID-19 Social Distancing Guidance to Passengers regarding social distancing ("COVID-19 Guidance"). Customer, for itself, and on behalf of the passengers, agrees and consents to abide by the COVID-19 Guidance. Customer, for itself, and on behalf of the passengers, agrees and acknowledges First Student is not responsible or required to enforce whether passengers and others are adhering to social distancing guidance.

Customer, for itself, and on behalf of the passengers, agrees and acknowledges First Student is not responsible or required to remove passengers or others from the charter bus who do not adhere to social distancing guidance.

BY ACCEPTING ANY AND ALL SERVICES FROM FIRST STUDENT, AND TO THE GREATEST EXTENT PERMITTED BY

LAW, CUSTOMER, FOR ITSELF, AND ON BEHALF OF THE PASSENGERS, AGREES TO RELEASE, NOT TO SUE, AND HOLD

HARMLESS FIRST STUDENT AND ITS RESPECTIVE OFFICERS, DIRECTORS, AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, MANAGERS EMPLOYEES, AGENTS, INSURERS, AND CONTRACTORS (COLLECTIVELY "THE COMPANY")

FROM AND AGAINST ANY

AND ALL CAUSES OF ACTION, CLAIMS, COSTS, DEMANDS, LIABILITIES, COMPENSATION FOR DAMAGES, AND

EXPENSES OF EVERY KIND (INCLUDING BUT NOT LIMITED TO TESTING, MONITORING, AND TREATMENT) THAT

MAY BE CAUSED BY ANY ACT, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, ITS EMPLOYEES, AGENTS, AND

REPRESENTATIVES ARISING FROM OR IN ANY WAY IN CONNECTION WITH ANY SERVICES WE RECEIVED FROM THE COMPANY AND COVID-19. CUSTOMER, FOR ITSELF, AND ON BEHALF OF THE PASSENGERS, UNDERSTANDS THIS

RELEASE DISCHARGES THE

COMPANY FROM ALL CLAIMS THAT WE, OUR HEIRS, OR ANY PERSONAL REPRESENTATIVES MAY HAVE AGAINST

THE COMPANY WITH RESPECT TO ANY INJURY, ILLNESS, DEATH, AND MEDICAL TREATMENT DUE TO OR RELATED TO COVID-19.

Customer, for itself and on behalf of the passengers, acknowledges and agrees that the Customer, for itself and on behalf of the passengers, has read the foregoing COVID-19 WAIVER AND RELEASE OF LIABILITY and understands the contents.

Customer is at least eighteen (18) years old and is fully competent to give consent for itself, its passengers and/or on behalf of any minor children for whom the Customer and the passengers are parents or legal guardians. Customer, for itself and on behalf of the passengers, has been sufficiently informed of the risks involved with receiving Services from the Company and that Customer, for itself and on behalf of the passengers, gives its and/or its voluntary consent to this waiver as its and/or its own free act and deed with full intention to be bound by the same and free from any inducement or representation.

Long Beach - American Transportation
3133 E. South St.

Long Beach CA. 90805-3742
Phone: 562-531-8000
562-531-8008
www.busamerican.com
Confirmation
From: [email protected]
Sales Associate: Michael Hutchens
Order Date: 5/10/2023
Customer NO.: 5925
Group: Maywood to Disneyland
Number of Vehicles: 4
Contact: Yesenia Carvajal
Phone: 562-567-3156
Send To: [email protected]
Number: 130622
LAUSD - Maywood Center For Enriched Studies
Yesenia Carvajal
5800 King Ave.

Maywood CA 90270
Pickup Destination TotalAmount Misc. Charges
$774.00 $774.00
Sunday 6/04/2023 Depart: 09:00AM Arrive: 09:30AM
Maywood Ctr. for Enriched Studies Disneyland
5800 King Ave. 1313 S Disneyland Drive
Maywood CA 90270 Anaheim CA 92802
Return 6/04/2023 Depart From Destination 6/04/2023
Vehicle Type: SCHOOL BUS
Yesenia Carvajal - Mobile Number: 562-567-3156
$774.00 $774.00
Sunday 6/04/2023 Depart: 09:00AM Arrive: 09:30AM
Maywood Ctr. for Enriched Studies Disneyland
5800 King Ave. 1313 S Disneyland Drive
Maywood CA 90270 Anaheim CA 92802
Return 6/04/2023 Depart From Destination 6/04/2023
Vehicle Type: SCHOOL BUS
Yesenia Carvajal - Mobile Number: 562-567-3156
$774.00 $774.00
Sunday 6/04/2023 Depart: 11:30PM Monday 6/05/2023 - Arrive: 12:00AM Disneyland Maywood Ctr. for Enriched Studies
1313 S Disneyland Drive 5800 King Ave.

Anaheim CA 92802 Maywood CA 92802
Return 6/04/2023 Depart From Destination 6/04/2023
Vehicle Type: SCHOOL BUS
Yesenia Carvajal - Mobile Number: 562-567-3156
$774.00 $774.00
Sunday 6/04/2023 Depart: 11:30PM Monday 6/05/2023 - Arrive: 12:00AM Disneyland Maywood Ctr. for Enriched Studies
1313 S Disneyland Drive 5800 King Ave.

Anaheim CA 92802 Maywood CA 92802
Return 6/04/2023 Depart From Destination 6/04/2023
Vehicle Type: SCHOOL BUS
Yesenia Carvajal - Mobile Number: 562-567-3156

Long Beach - American Transportation
3133 E. South St.

Long Beach CA. 90805-3742
Phone: 562-531-8000
562-531-8008
www.busamerican.com
Confirmation
From: [email protected]
Sales Associate: Michael Hutchens
Order Date: 5/10/2023
Customer NO.: 5925
Group: Maywood to Disneyland
Number of Vehicles: 4
Contact: Yesenia Carvajal
Phone: 562-567-3156
Send To: [email protected]
Number: 130622
Total: $3,096.00
Amount Paid:

Balance Due: $3,096.00

CALIFORNIA CALIFORNIA NEVADA
3133 E SOUTH ST. 2323 N MOORPARK RD. 2180 E PAMA LN.

LONG BEACH, CA 90805 THOUSAND OAKS, CA 91360 LAS VEGAS, NV 89119 (562) 531-8000 (805) 500-8512 (702) 329-9910
TERMS AND CONDITIONS:
1) After checking all details, be certain that the information entered is correct, please sign and return via e-sign or e-mail.
2) Quotes are valid for 48 hours only. Trips are not secured without deposit. 3) Deposits: 50% percent of total cost is due upon confirming your trip. Unless otherwise arranged, full balance due 2 weeks prior to departure. Full payment is due immediately if the trip falls within 2 weeks from booking.

CREDIT CARD PAYMENTS CAN BE MADE BY FILLING OUT THE BELOW CREDIT CARD AUTHORIZATION OR BY VISITING HTTP://WWW.BUSAMERICAN.COM There is a 3.5% Service Charge for Credit Card Payments. 4) Because of the recent experience in rising fuel cost, ATS reserves the right to add a fuel surcharge, should diesel prices rise dramatically before your Charter. 5) When paying for trips online please be sure to add the order number to the check or credit card payment.
6) Vehicles with excessive trash or vomit will incur a cleaning fee of $150. Damages to vehicles must be paid for within 7 days of the trip's conclusion. Incurred “down time” to vehicles for repairs will be included in the final amount owed. 7) It is the client's responsibility to notify ATS, if they believe this run qualifies under SPAB regulations.
8) ATS reserves the right to sub-charter trips if the necessity arises. 9) Past Due Balances are subject to a 10% late fee.

10) CANCELLATION POLICY
- 7+ DAYS PRIOR TO TRIP = 100% REFUND
- 2+ DAYS PRIOR TO TRIP = 50% REFUND
- CANCELLATION WITHIN 48 HOURS IS NON-REFUNDABLE
- *SPECIALTY TRIPS (GRAD NIGHTS, OUT OF STATE, MOUNTAIN, AND OVERNIGHT) AND/OR TRIPS INVOLVING MORE THAN 5 VEHICLES ARE NON-REFUNDABLE ONCE BOOKED.
11) Overtime fees will apply to any trips that continue past the scheduled end time.

These fees will be invoiced to the client after the trip has completed.

Thank You for choosing American Transportation Systems for your transportation needs.
***GOOGLE REVIEWS: Remember to leave a review on our google page and receive a 10% credit toward a future trip!*** [Up to $100 Value!] {{*Signature_es_:signer1:signature}} {{*Name1_es_:fullname}} _______________________________ _______________________________

SIGNATURE PRINT NAME
Bus will not be dispatched without signature

PAYMENT OPTIONS: (PLEASE SELECT ONE)
OPTION 1: PAY BY CREDIT CARD

3.5% PROCESSING FEE WILL BE ADDED
CREDIT CARD #: {{Credit Card #_es_:signer1}}
CARDHOLDER NAME: {{Credit Card Name_es_:signer1}}
EXP. MONTH: {{expiration month_es_:signer1:dimension(width=15mm, height=6mm)}} EXP. YEAR: {{expiration year_es_:signer1:dimension(width=15mm, height=6mm)}} CVV: {{CVV_es_:signer1:dimension(width=15mm, height=6mm)}} BILLING ZIP CODE: {{ZIP CODE_es_:signer1:dimension(width=15mm, height=6mm)}} AUTHORIZING SIGNATURE:{{OSig_es_:signer1:optsignature}} OPTION 2: PAY BY CHECK (NO ADDITIONAL CHARGE)
ACCOUNT NAME: {{Account Name #_es_:signer1}}
ACCOUNT NUMBER: {{Account #_es_:signer1}}
ROUTING NUMBER: {{Routing #_es_:signer1}}
CHECK NUMBER (IF APPLICABLE): {{Check #_es_:signer1}}
AUTHORIZING SIGNATURE:{{OSig_es_:signer1:optsignature}} OPTION 3: PURCHASE ORDER (PRIOR APPROVAL REQUIRED)
PO #: {{PO #_es_:signer1}}
BILLING CONTACT EMAIL: {{Billing Email_es_:signer1}}
{{*Int_es_:signer1:initials:dimension(width=15mm, height=6mm)}}