HomeMy Public PortalAboutA 2012-01-17CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff
reports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and are available for public inspection. Any person who has a question
concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures forAddressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO
THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM
WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS
CONSENT OF THE COUNCIL.
AGENDA
ITEMS ON FILE FOR CONSIDERATION
AT THE REGULAR MEETING OF
THE LYNWOOD CITY COUNCIL
TO BE HELD ON
JANUARY 17, 2012
COUNCIL CHAMBERS
11330 BULLIS ROAD, LYNWOOD, CA 90262
5:00 P.M.
JIM MORTON
MAYOR
SALVADOR ALATORRE
MAYOR PRO -TEM
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JAN 12 2012
CITY OF LYNWOOD
CITY CLERKS OFFICE
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AIDE CASTRO
COUNCILMEMBER
RAMON RODRIGUEZ MARIA TERESA SANTILLAN-BEAS
COUNCILMEMBER COUNCILMEMBER
CITY MANAGER CITY ATTORNEY
ROGER L. HALEY FRED GALANTE
CITY CLERK CITY TREASURER
MARIA QUINONEZ EDWIN HERNANDEZ
OPENING CEREMONIES
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
Aide Castro
Ramon Rodriguez
Maria T. Santillan-Bess
Salvador Alatorre
Jim Morton
4. PLEDGE OF ALLEGIANCE
5. INVOCATION
6. PRESENTATIONS/PROCLAMATIONS
• Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues
• City Council Members Reporting on Meetings Attended (Gov. Code Section
53232.3(D))
COUNCIL RECESS TO:
LYNWOOD REDEVELOPMENT AGENCY
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL
DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE
MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A
FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).)
PUBLIC HEARING
8. AMENDING THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Comments
On June 28, 2011, the Governor signed two budget trailer bills into law, ABX1 26 and
AB1X 27, which became effective June 29, 2011. AB1X 26 eliminates redevelopment
agencies in California and provides direction and guidelines for the dissolution of all
redevelopment activities and functions. On December 29, 2011, the California Supreme
Court issued its opinion in the case California Redevelopment Association, et al. v. Ana
Matosantos, etc., et al., Case No. S196861, and upheld the validity of Assembly Bill 1x26
("AB1x26") and invalidated Assembly Bill 1x27.
Part of the process of winding down redevelopment agencies affairs pursuant to AB1X
26, Health and Safety Code 34169(g)(1) is the adoption of an Enforceable Obligation
Payment Schedule (EOPS). Health and Safety Code 34169(g)(2) also allows for an
amendment of the EOPS. (FIN)
Recommendation:
Staff recommends that the City Council and Agency Board conduct a public hearing and
adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT AGENCY
AMENDING THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE".
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion affirming the
action recommended on the agenda. There will be no separate discussion on these items prior to
voting unless members of the Council or staff request specific items to be removed from the
Consent Calendar for separate action.
MINUTES OF PREVIOUS MEETINGS:
Regular Meeting — January 3, 2012
10. APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated January 17, 2012 for FY 2011-2012.
Recommendation:
Staff recommends that the City Council approve the warrant register.
11. APPROVAL OF THE WARRANT REGISTER FOR COMMUNITY DEVELOPMENT
DEPARTMENT (FORMERLY LRA)
Comments:
Community Development warrant register dated January 17, 2012 for FY 2011-2012.
Recommendation:
Staff recommends that the City Council and Agency approve the warrant register.
12. CLAIM FOR DAMAGES BY UKAH NNANDI O
Comments:
On October 24, 2011, Ukah Nnandi O filed a claim for vehicle damage alleging that on
October 20, 2011, his 1996 Honda Accord was towed by RTS Towing Service and broke
his fuel tank and scratched the driver's side door. Ukah Nnandi O's total claim request is
$800. It is not known who called for the vehicle to be towed. No City records exist for the
alleged tow, confirming the City did not tow the vehicle. The City contracts with H.P.
Automotive & Tow Service, Inc. for towing services. Therefore the City is not liable. (HR)
Recommendation:
Staff recommends that the City Council reject the claim of Ukah Nnandi O against the
City of Lynwood and send a standard letter of rejection.
13. CLAIM FOR DAMAGES BY IRMA YOLANDA LOPEZ
Comments:
On August 30, 2011, Irma Lopez filed a claim for bodily injury alleging that on March 7,
2011, after she boarded MTA bus number 6750, on Route 251 at the location of Martin
Luther King Blvd. and California Blvd. and made her way to find a seat, the driver of the
bus accelerated at an abrupt speed causing Ms. Lopez to fall forward hitting her face on
the floor of the bus. Ms. Lopez' total claim request is over $25,000. Staff confirmed that
liability does not adhere to the City in this matter. The bus line alleged in the claim is
owned and operated by Los Angeles County Metropolitan Transportation Authority
(Metro). (HR)
Recommendation:
Staff recommends that the City Council reject the claim of Irma Y. Lopez against the City
of Lynwood, send a standard letter of rejection and direct staff to tender the claim to the
Los Angeles County Metropolitan Transportation Authority (Metro).
14. CLAIM FOR DAMAGES BY GLORIA ALCARAZ
Comments:
On June 30, 2011, Gloria Alcaraz filed a claim for damages alleging that the roots from a
City tree were obstructing the drainage system for a period of over a year. Ms. Alcaraz
alleges to have had a sewer clean-out, and replaced a pipe and sprinklers because it was
broken by tree roots. Ms. Alcaraz's total claim request is $511.82 for a new pipe,
sprinklers, the sewer clean-out, and drain cleaners. Staff confirmed that liability does not
adhere to the City in this matter. According to the City of Lynwood's Sewer Line
Maintenance Policy, the property owner is responsible for the sewer lines from the house
up to the mainline, which includes the sewer lateral located in the street. The alleged
area of the clean-out was located within the sewer lines of Ms. Alcarai s property. (HR)
Recommendation:
Staff recommends that the City Council reject the claim of Gloria Alcaraz against the City
of Lynwood and direct staff to send a standard letter of rejection.
15. CLAIM FOR DAMAGES BY EDGAR ESPARZA
Comments
On July 11, 2011, Edgar Esparza filed a late claim for vehicle damage alleging that on
August 25, 2010, his 1989 Chevy Astro Van was towed outside of his apartment for
having a "for sale' sign in the window of the vehicle. Mr. Esparza also alleges to have
moved to Lynwood from Long Beach on August 15, 2010 and that his vehicle should not
have been towed. His total claim is for $2,050. Mr. Esparza filed his claim six months
after the occurrence. According to Government Code Section 911.2, claims for personal
property must be filed no later than six months after the alleged event. A late claim must
be presented within a reasonable time not to exceed one year after the accrual of the
cause of action, Mr. Esparza claims he could not file a claim during the six months due
to being disabled during the year. However, the law states that an applicant must have
been physically or mentally incapacitated to not have filed during the specified time.
Therefore, the City Council must consider the application was presented within a
reasonable time and whether one or more statutory grounds for granting a late claim are
met.
In addition, according to the Lynwood Municipal Code Section 7-27, only registered
owners may display "for sale' signs on a vehicle if it is adjacent to the residential property
of the registered owner. Staff confirmed that Mr. Esparza's residential address on file
with the DMV on August 25, 2010, did not match the residential address of where the
vehicle was parked. Staff also confirmed that Mr. Esparza did not appeal his citation and
tow, thus his opportunities to appeal are closed. Therefore, liability does not adhere to
the City in this matter. (HR)
Recommendation:
Staff recommends that the City Council reject the claim, and petition to file a late claim,
of Edgar Esparza against the City of Lynwood and direct staff to send a standard letter of
rejection.
16. ADOPTION OF A WRITTEN PROCEDURE TO REQUEST AN ADMINISTRATIVE
HEARING WITHOUT PAYMENT UPON PROOF OF INABILITY TO PAY
Comments:
Existing law generally provides that the enforcement of penalties for violations regarding
unlawful standing or parking of vehicles shall be governed by a civil procedure that
includes a processing procedure, an administrative investigation, review procedure, and
an administrative and judicial appeal process. California Vehicle Code Section 40215(b)
requires an issuing agency to adopt a written procedure to allow a person to request an
administrative hearing without payment of the parking penalty upon satisfactory proof of
an inability to pay the amount due. (FIN)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A
WRITTEN PROCEDURE ALLOWING A PERSON TO REQUEST AN ADMINISTRATIVE
HEARING WITHOUT PAYMENT OF PARKING PENALTY AND TO REQUEST
PAYMENT OF PENALTY IN INSTALLMENTS OR DEFERMENT UPON PROOF OF
INABILITY TO PAY AMOUNT DUE".
17. APPROPRIATION OF LAW ENFORCEMENT FORFEITURE FUNDS
Comments
For FY 12, the Sheriff was provided $79,710 from grants to pay for Sheriff Units to abate
cruising and loud noise. In prior fiscal years, the General Fund was used to supplement
these services.
Staff was informed by Sheriff personnel in December that the Sheriffs Department has
exhausted the funding for FY 12. The Sheriff has requested an additional $80,000 to
continue operations of these services. (FIN)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN
ALLOCATION OF $50,000 TO FUND THE L.A. COUNTY SHERIFF'S ANTI -CRUISING
AND LOUD NOISE ENFORCEMENT AND TO APPROPRIATE $50,000 FROM THE
UNAPPROPRIATED LAW ENFORCEMENT SEIZURE FUND TO PAY FOR THE
COST".
18. CONSIDERATION OF TOWING AND FRANCHISE AGREEMENT EXTENSION WITH
H.P. AUTOMOTIVE & TOW, INC.
Comments
The City's towing and franchise agreement with H.P. Automotive & Tow, Inc„ is set to
expire February 19, 2012. Pursuant to Section 2 of the Towing and Franchise
Agreement, on or before 90 days prior to the Termination Date, the Operator and City
shall meet to discuss the Agreement and its possible extension and or modification.
(FIN)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE MAYOR TO EXTEND THE TOWING AND FRANCHISE AGREEMENT WITH H.P.
AUTOMOTIVE & TOW, INC. FOR FIVE YEARS".
19.
OR
21
PURCHASES AND SERVICE AGREEMENTS EXECUTED UNDER THE CITY
MANAGER'S $15,000 PURCHASING AUTHORITY FOR THE PERIOD OF JANUARY 1
THRU JUNE 30, 2011
Comments:
The City of Lynwood's Purchasing Procedures (established by Ordinance No. 1571)
gives the City Manager (the City's Purchasing Officer) authority to sign on behalf of the
City of Lynwood, all purchase orders and/or contracts for procuring supplies, equipment,
routine services and professional services which do not exceed a total of Fifteen
Thousand Dollars ($15,000.00). (FIN)
Recommendation:
Staff recommends that the City Council receive and file this report.
RESOLUTION FIXING THE CITY OF LYNWOOD'S EMPLOYER HEALTH INSURANCE
CONTRIBUTIONS UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL
CARE ACT ("PEHMCA")
Comments:
The City has an agreement with the California Public Employees' Retirement System
(CaIPERS) for health benefits that began on October 1, 1988. This agreement applies to
active and retired employees. Under the Public Employees' Medical and Hospital Care
Act ("PEMHCA"), CalPERS requires public agencies to update resolutions each time an
agency changes its contribution towards employee and retiree health insurance. This
updated resolution is immediately required to make effective the changes to the City's
2012 contribution rates. (HR)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FIXING THE
EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND
HOSPITAL CARE ACT."
APPROVAL OF LANDLORD'S CONSENT TO ASSIGNMENT FOR BULLETIN
DISPLAYS' LEASE OF BILLBOARD SITES IN THE CITY
Comments:
On October 21, 2008 and then again on October 5, 2010, the City Council approved
amendments to an Agreement for Lease and Development Fees, which authorized
Bulletin Displays, LLC to install certain billboards in the City of Lynwood. Bulletin Displays
has now obtained the financing for the construction of its signs. The bank providing the
financing, RepublicBankAZ, N.A., requires that Bulletin Displays assign its interest to
those billboard sites to provide collateral for the loan by way of the Landlord's Consent to
Assignment form provided in this agenda. (CA)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE LANDLORD'S CONSENT TO ASSIGNMENT CONCERNING THOSE BILLBOARD
SITES LEASED BY THE CITY OF LYNWOOD TO BILLBOARD DISPLAYS LLC'S
UNDER THAT CERTAIN AGREEMENT FOR LEASE AND DEVELOPMENT FEES, AS
AMENDED, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME".
22. CLAIM FOR DAMAGES BY ATTORNEY HELENA SUNNY WISE ON BEHALF OF
CODE ENFORCEMENT OFFICER VELMA WINBUSH
Comments:
On June 1, 2011, Ms. Wise filed a claim on behalf of her client, Code Enforcement Officer
Velma Winbush, regarding her employment. Although Ms. Winbush has been on unpaid
appoved leave for more than a year now, Ms. Wise estimates Ms. Winbush's personal
damages to be in excess of $250,000.
As part of our due diligence, the City retained an independent firm, RCS Investigations
and Consulting, to investigate Ms. Winbush's allegations. RCS determined that all of Ms.
Winbush's allegations were not sustained. Therefore, liability does not adhere to the City
in this matter and the tort claim should be accordingly rejected. (HR)
Recommendation:
Staff recommends that the City Council reject the claim of Helena Sunny Wise on behalf
of Code Enforcement Officer Velma Winbush against the City of Lynwood and direct staff
to send a standard letter of rejection.
NEW/OLD BUSINESS
23. CREDIT UNION GRANT AGREEMENT
Comments:
"Better Directions" is a credit union program aimed at expanding opportunities for senior
citizens in low-income and underserved communities to rebuild assets through trusted
relationships with credit unions. In the current pilot program, the National Federation of
Community Development Credit Unions, Inc. has provided a grant to Mid -Cities Credit
Union (Compton, CA). A grant in the amount of $10,000 is being offered to the Lynwood
Senior Citizen Center subject to certain conditions. (REC)
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
LYNWOOD AND THE NATIONAL FEDERATION OF COMMUNITY DEVELOPMENT
CREDIT UNIONS, INC."
24. LYNWOOD WEIGHT LOSS CHALLENGE
Comments:
Staff is seeking approval of the 2012 "Lynwood Weight Loss Challenge" and the
allocation of funds for its implementation.
Recommendation:
Staff recommends that the City Council approve the following actions:
1) Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE OFFER OF
$5,000 IN PRIZE MONEY TO WINNERS OF THE 2012 LYNWOOD WEIGHT
LOSS CHALLENGE"
2) Authorize the allocation of funding from the City Council Discretionary Fund
25. LYNWOOD DIAL -A -RIDE CONTRACT
Comments:
The initial two-year contract term with All Trans Enterprises Incorporated to operate the
City's dial -a -taxi services for senior citizens and the disabled expires on March 31, 2012.
Under the terms of the agreement, the City has a one-year option, if exercised extends
the term of the agreement up to an additional twelve (12) months, commencing April 1,
2012, and continue through March 31, 2013. (REC)
Recommendation:
Staff recommends that the City Council consider the following options:
1) Extend the existing contract with All Trans Enterprises (DBA Futura Taxi) per
contract terms, up to an additional twelve months, commencing April 1, 2012
through March 31, 2013
2) Direct staff to prepare an RFP for transportation services to be brought back to
Council for review and comment and place Futura Taxi on a month-to-month
extension.
26. REQUEST FROM THE OFFICE OF CALIFORNIA STATE ASSEMBLY MEMBER
CARLOS LARA TO CO-SPONSOR A GOSPEL BRUNCH
Comments
The Office of California Assembly Member Carlos Lara has submitted a request seeking
the City of Lynwood's assistance and support in co -sponsoring community -wide Gospel
Brunch to celebrate African American History Month tentatively scheduled for Friday,
February 3, 2012 from 10 a.m. -12 p.m. inside Bateman Hall. (REC)
Recommendation:
Staff recommends that the City Council review a request from the Office of California
Assembly Member Carlos Lara for City support and co-sponsorship of a Gospel Brunch
to celebrate African American History Month and provide further direction.
27. RESOLUTIONS REGARDING THE FORGIVENESS OF LOANS BY THE CITY OF
LYNWOOD AND LYNWOOD REDEVELOPMENT AGENCIES PER AB 936
Comments:
Assembly Bill 936, adopted in the last session of the Legislature, became effective
January 1, 2012. AB 936 arose out of a controversial decision by the city council in San
Diego to waive repayment of a certain loan it had given to its redevelopment agency.
The effect of AB 936 was described by the California State Senate as follows: "This bill
would require that any time a city, county or RDA forgives a debt of the other; it must
adopt a resolution making specified finings. In addition, cities, counties and RDAs are
required to adopt a resolution by February 1, 2012, stating whether or not they forgave
any loans, advances, or indebtedness between the January 1, 2010, to December 31,
2011, owed by an RDA or a public body. The resolution must be sent to the State
Controller. (CA)
Recommendation:
Staff recommends that the City Council and Agency Board adopt the following resolutions
entitled:
1) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, REGARDING FORGIVENESS OF LOANS TO PUBLIC BODIES
AS REQUIRED BY AB 936"
2) "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY,
CALIFORNIA, REGARDING FORGIVENESS OF LOANS TO PUBLIC BODIES
AS REQUIRED BY AB 936"
28. REINSTATEMENT OF BOARDS AND COMMISSIONS
Comments:
Mayor Jim Morton requested that City Council consider reinstating the Community
Affairs/Recreation and Parks Commission, the Veterans Affairs Council, and the Senior
Advisory Council. (REC)
Recommendation:
Staff recommends that the City Council review the staff report and provide further
direction.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
JIM MORTON, MAYOR
SALVADOR ALATORRE, MAYOR PRO -TEM
AIDE CASTRO, COUNCILMEMBER
RAMON RODRIGUEZ, COUNCILMEMBER
MARIA T. SANTILLAN-REAS, COUNCILMEMBER
CLOSED SESSION
NONE
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON FEBRUARY 7, 2012 AT 5:00 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
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1 AGENDA
,. STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Board
APPROVED BY: Roger L. Haley, City Manag6wv
PREPARED BY: Robert S. Torrez, Assistant City Manager NI
Lorry Hempe, Budget and Intergovernmental Affairs ManagerL`A
SUBJECT: Amending the Enforceable Obligation Payment Schedule
Recommendation:
Staff recommends that the City Council and Agency Board conduct a public hearing and
adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LYNWOOD AND THE LYNWOOD REDEVELOPMENT AGENCY
AMENDING THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE."
Background:
On June 28, 2011, the Governor signed two budget trailer bills into law, ABX1 26 and
AB1X 27, which became effective June 29, 2011. AB1X 26 eliminates redevelopment
agencies in California and provides direction and guidelines for the dissolution of all
redevelopment activities and functions. On December 29, 2011, the California Supreme
Court issued its opinion in the case California Redevelopment Association, et al. v. Ana
Matosantos, etc., et al., Case No. S196861, and upheld the validity of Assembly Bill
1x26 ("AB1x26") and invalidated Assembly Bill 1x27.
Part of the process of winding down redevelopment agencies affairs pursuant to AB1X
26, Health and Safety Code 34169(g)(1) is the adoption of an Enforceable Obligation
Payment Schedule (EOPS). Health and Safety Code 34169(8)(2) also allows for an
amendment of the EOPS.
On January 10, 2012, the City Council adopted a resolution appointing the City Council
as the Successor Agency and assumed the assets and obligations of the hous'GNDPI
program.
ITEM
Discussion & Analysis:
Adoption of the EOPS is important as the Successor Agency may be limited to only
making payments for LRA debts and obligations listed on the EOPS. Pursuant to Health
and Safety Code 34167(d), an "Enforceable Obligation" is defined as any of the
following:
(1) Bonds — Includes all debt service, reserve set -asides and any other payments
related to the repayment of bonds, notes, interim certificates, debentures, or
other obligations.
(2) Loans or Moneys Borrowed by Agency — Includes loans or moneys borrowed
for legal purposes.
(3) Payments required by the federal and state governments or in connection with
agency employees.
(4) Judgments and settlements entered by a competent court of law or binding
arbitration decisions against redevelopment agency.
(5) Legally binding and enforceable agreements or contracts — Includes all
obligations of agency not listed above, both housing and non -housing.
Examples include obligations such as construction contracts, Disposition and
Development Agreements (DDAs), Owner Participation Agreements (OPAs),
pre -development loans, and any and all other contractual obligations entered
by Agency.
(6) Contracts or agreements necessary for continued administration or operation of
agency such as, but not limited to, office space rent, equipment, supplies,
insurance, and services.
(7) Other Obligations Payment Schedule —Includes all other obligations of Agency,
such as contractual and statutory pass-through payments. Also includes any
other obligations required by the CRL, such as housing fund deficit repayments.
On August 23, 2011, the City and Agency in a joint resolution adopted an EOPS. Since
the adoption of the EOPS, there are additional enforceable obligations that staff felt
should have been included. The attached amended EOPS includes the changes that
staff proposes to be adopted by the City Council acting as the Successor Agency (See
Exhibit A, Lines 53-59 and recalculation of the entire worksheet. Added enforceable
obligations are listed below:
• Housing Fund Deficit
• Loan to the Agency (2006 Promissory Note between the Agency and City relating
to HOME repayment)
• FY 12 Employee Payroll
2
• Overhead
• Bond Funded Projects
RDA property Tax Auditor
• Administrative Cost Allowance
Pursuant to 34177(a) the amendments to the EOPS is subject to the approval of the
oversight board as soon as the board has sufficient members to form a quorum.
Fiscal Impact:
The amendment to the EOPS adds an additional $53.2 million in enforceable
obligations. An estimated 72% of the additional obligations relate to anticipated projects
to be funded from RDA bonds and other non RDA sources such as grants.
Coordinated With:
Community Development
City Attorney
Attachment:
Resolution
Exhibit A —Amendment to the Enforceable Obligation Payment Schedule
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE
LYNWOOD REDEVELOPMENT AGENCY AMENDING THE ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE
WHEREAS, the Redevelopment Agency of the City of Lynwood
("Redevelopment Agency") is a public body, corporate and politic, organized and
existing under the California Community Redevelopment Law (Health & Safety Code §§
33000 et seq.); and
WHEREAS, the City of Lynwood is a municipal corporation organized and
general law city existing under the Constitution of the State of California ("City"); and
WHEREAS, on December 29, 2011, the California Supreme Court issued its
opinion in the case California Redevelopment Association, et al. v. Ana Matosantos,
etc., et al., Case No. S196861, and upheld the validity of Assembly Bill 1x26 ("A131x26")
and invalidated Assembly Bill 1x27; and
WHEREAS, the Court's decision results in the implementation of AB1x26 which
dissolves all the redevelopment agencies in the State of California as of February 1,
2012; and
WHEREAS, ABX1 26 also requires redevelopment agencies to adopt, by August
28, 2011, an Enforceable Obligation Payment Schedule ("EOPS") which will serve as
the basis for the payment of the Agency's outstanding financial obligations; and
WHEREAS, the Agency and City adopted an EOPS on August 23, 2011; and
WHEREAS, staff finds that there are additional enforceable obligations that
should have been added to the EOPS; and
WHEREAS, Health and Safety Code Section 34169(g) allows the EOPS to be
amended at any public meeting of the agency
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD AND
LYNWOOD REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Approval to Amend the EOPS. The City and Agency hereby
approves and amends the Enforceable Obligation Payment Schedule, in substantially
the form attached hereto as Exhibit A.
Section 3. Posting; Transmittal to Appropriate Agencies. The City
Manager/Executive Director is hereby authorized and directed to post a copy of the
E
amended EOPS on the City's website. The City Manager/Executive Director is further
authorized and directed to transmit, by mail or electronic means, to the Los Angeles
County Auditor -Controller, the State Controller and the Department of Finance,
notification providing the website location of the posted amended EOPS and other
information as required by ABX1 26.
PASSED, APPROVED and ADOPTED this 17`h day of January, 2012.
ATTEST:
Maria Quinonez
City Clerk/Secretary
APPROVED AS TO FORM:
Fred Galante
City Attorney/Agency Counsel
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
Jim Morton
Mayor
Roger L. Haley
City Manager/Executive Director
APPROVED AS TO CONTENT:
Robert S. Torrez
Assistant City Manager
I, the undersigned, Secretary of the Lynwood Redevelopment Agency, do hereby certify
that the foregoing Resolution was passed and adopted by the Agency Board of the
Lynwood Redevelopment Agency at a regular meeting held on the 17th day of January,
2012.
AYES:
NOES:
ABSENT:
5
ABSTAIN:
Maria Quinonez
City Clerk
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AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City ManageE—�P�
PREPARED BY: Maria Quinonez, City Clerk r�tlJ(
Kristina Santana, Deputy City Clerk j�5
SUBJECT: Lynwood City Council Minutes
Recommendation:
Staff recommends the Lynwood City Council approve the following minutes:
• Regular Meeting — January 3, 2012
Background: N/A
Discussion & Analysis: N/A
Fiscal Impact: N/A
Coordinated With: N/A
GENDA
ITEM
LYNWOOD CITY COUNCIL
REGULAR MEETING
January 3, 2012
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5:09 p.m.
Mayor Morton presiding.
Council Members Castro, Rodriguez, Santillan-Beas, Alatorre and Morton were present.
Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and
City Treasurer Hernandez.
City Clerk Quinonez announced that the Agenda had been duly posted in accordance
with the Brown Act.
Item #6. PRESENTATIONS/PROCLAMATIONS
• Sheriff Captain Gooden— Update on Law Enforcement Issues
Lieutenant Chavez reported that the crime rate in Los Angeles County
in 2011 was down from 2010 and stated that the Department goal is to
continue to decrease the rate of crime in 2012. He thanked the Council
for their support of the Department. He reported that the DUI check
point on December 23, 2011 screened 2,021 vehicles, made 10
arrests, and made 1 arrest for drunk driving. He reported a domestic
violence disturbance and a gang shooting on December 22, 2011 and
a shooting at a car rally on January 1, 2012.
Council Member Castro reported drunk people falling asleep on the
street in front of her home and asked Lieutenant Chavez to keep an
eye on the area.
Item #7. COUNCIL RECESS TO:
LYNWOOD REDEVELOPMENT AGENCY 5:18 p.m.
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
Irene Garcia commented on Item #12 — ACCEPTANCE OF THE FERNWOOD
AVENUE (BULLIS ROAD TO HARRIS AVENUE) SIDEWALK IMPROVEMENT
PROJECT, PROJECT NO. 4011.67.899. She asked about the status of the complaint
her neighbor made regarding an uprooted sidewalk and the complaint she made
regarding cracked sidewalks on 111th street.
Juan Ramirez commented on Item #16 — CONSULTING SERVICES AGREEMENT
WITH JUAN RAMIREZ, JD FOR SPANISH TRANSLATION AND AMERICAN SIGN
1
LANGUAGE INTERPRETATION SERVICES. He thanked the Council for their
continued relationship.
Harry Gibbens commented on Item #8 — MINUTES OF PREVIOUS MEETINGS. He
asked for more information regarding the repayment of funds to the U.S. Department of
Housing and Urban Development
PUBLIC ORAL COMMUNICATIONS
Pearline Calderon commented on Brown Act violations by the City Council and on
appointing new commissioners to city commissions. She asked that the Council not
disband the commissions and instead just reappoint new commissioners.
Frank P. Calderon commented on Brown Act violations by the City Council regarding
texting and use of the Ipads.
Ophelia Sanders commented on the bulky item pick up and requested that the City work
faster to pick up bulky items from the streets. She handed photos to the City Clerk.
Irene Garcia commented on a traffic citation her neighbor tried to appeal. She asked
who in the City has the authority to reimburse residents. She also stated that the local
schools should have a white zone for drop off and pick up.
CONSENT CALENDAR
It was moved by Council Member Castro, seconded by Council Member Rodriguez, to
approve the consent calendar and receive and file staff reports.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #8. MINUTES OF PREVIOUS MEETINGS:
Special Meeting — December 13, 2011
Regular Meeting — December 20, 2011
Item #9. Mayor Morton pulled Item #9 — APPROVAL OF THE WARRANT
REGISTER
Mayor Morton asked staff if the Treasurer receives all the back-up documents for items
on the warrant register.
2
Assistant City Manager Robert Torrez stated that all back-up documents are provided to
the Treasurer.
After discussion, it was moved by Mayor Morton, seconded by Council Member
Rodriguez, to approve the staff recommendation.
RESOLUTION NO. 2012.001 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #10. APPROVAL OF THE WARRANT REGISTER FOR COMMUNITY
DEVELOPMENT DEPARTMENT (FORMERLY LRA)
RESOLUTION NO. 2012.002 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE
Item #11. CONSTRUCTION CONTRACT AWARD FOR THE BIRCH STREET
WATER MAIN LINE IMPROVEMENT PROJECT (FROM FERNWOOD
AVENUE TO PLATT AVENUE, PHASE 1) (FROM MULFORD AVENUE
TO IMPERIAL HIGHWAY, PHASE II), PROJECT NUMBER 4011.67.921
RESOLUTION NO. 2012.003 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING
A CONTRACT TO VIDO SAMARZICH, INC. AS THE APPARENT LOWEST
RESPONSIBLE BIDDER, IN THE AMOUNT NOT -TO -EXCEED $499,150, FOR THE
BIRCH STREET WATER MAIN IMPROVEMENT PROJECT (PHASES I & II),
PROJECT NUMBER 4011.67.921; AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER
Item #12. Mayor Pro Tem Alatorre pulled Item #12 — ACCEPTANCE OF THE
FERNWOOD AVENUE (BULLIS ROAD TO HARRIS AVENUE)
SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. 4011.67.899
Mayor Pro Tem Alatorre asked why other sidewalks were not chosen for the project.
7
Public Works Director Dan Ojeda stated that the decisions are predicated on the
available budget.
Council Member Castro also pointed out that the project area is on Fernwood, which
was an area that did not have a sidewalk.
After discussion, it was moved by Council Member Castro, seconded by Mayor Pro Tem
Alatorre, to approve the staff recommendation.
RESOLUTION NO. 2012.004 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING
THE FERNWOOD AVENUE (BULLIS ROAD TO HARRIS AVENUE), SIDEWALK
IMPROVEMENT PROJECT, PROJECT NO. 4011.67. 899, AS BEING COMPLETE;
AND AUTHORIZING THE CITY ENGINEER TO PROCESS THE RECORDATION OF
THE NOTICE OF COMPLETION
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Item #13. LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, FY
2012-2013
RESOLUTION NO. 2012.005 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING
THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE
LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, AS REQUIRED
BY THE LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15
OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF THE STATE OF
CALIFORNIA), FOR FISCAL YEAR 2012 -2013
Item #14. LYNWOOD LIGHTING ASSESSMENT DISTRICT, FY 2012-2013
RESOLUTION NO. 2012.006 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING
THE CITY ENGINEER TO PREPARE AND FILE A REPORT REGARDING THE
LYNWOOD LIGHTING ASSESSMENT DISTRICT, AS REQUIRED BY THE
LANDSCAPING AND LIGHTING ACT OF 1972 (PART TWO OF DIVISION 15 OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA), FOR FISCAL
YEAR 2012-2013
[11
Item #15. LICENSE AGREEMENT WITH ST. FRANCIS MEDICAL CENTER
RESOLUTION NO. 2012.007 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN
THE CITY AND ST. FRANCIS MEDICAL CENTER FOR THE USE OF THE CENTER'S
CERTAIN FACILITY RELATIVE TO THE OPERATION OF THE CITY'S SCADA
SYSTEM
Item #16. CONSULTING SERVICES AGREEMENT WITH JUAN RAMIREZ, JD
FOR SPANISH TRANSLATION AND AMERICAN SIGN LANGUAGE
INTERPRETATION SERVICES
RESOLUTION NO. 2012.008 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A
CONSULTING SERVICES AGREEMENT WITH JUAN RAMIREZ, JD FOR SPANISH
TRANSLATION AND AMERICAN SIGN LANGUAGE INTERPRETATION SERVICES
NEW/OLD BUSINESS
Item #17. MAYORAL APPOINTMENTS FOR VARIOUS ORGANIZATIONS AND
COMMITTEES
City Attorney Fred Galante introduced the item regarding the Mayoral Appointments for
various organizations and committees. He explained that a new opinion by the FPPC
restricts members for nominating or voting for themselves if the committee provides a
stipend for that appointment.
Council Member Castro stated that she did not want to serve on any committee.
Council Member Rodriguez stated that he could not serve as the delegate on any
committee but if needed, could serve as an alternate.
The Council decided to make nominations on all organizations that do not pay stipends
to council members, with one roll call.
Mayor Morton nominated Council Member Santillan-Beas to serve as the delegate and
Council Member Rodriguez to serve as the alternate for the California Contract Cities
Association.
Council Member Rodriguez nominated Mayor Morton to serve as the delegate and
Mayor Pro Tem Alatorre to serve as the alternate for the City Selection Committee.
Mayor Morton nominated himself to serve as the delegate and Mayor Pro Tem Alatorre
as the alternate for the Independent Cities Association.
5
Mayor Morton nominated himself to serve as the delegate and Council Member
Rodriguez as the alternate for the League of California Cities.
Mayor Morton nominated Council Member Rodriguez to serve as the delegate and
himself to serve as the alternate for the Lynwood Unified School District Board Meeting.
Mayor Morton nominated Council Member Rodriguez to serve as the delegate and
Mayor Pro Tem Alatorre to serve as the alternate for the National League of Cities.
Mayor Morton nominated Mayor Pro Tem Alatorre to serve as the delegate and Council
Member Rodriguez to serve as the alternate for the Water Replenishment District of
Southern California.
Mayor Pro Tem Alatorre withdrew his availability to serve as the alternate for the City
Selection Committee. Mayor Morton appointed Council Member Rodriguez to serve as
the alternate for the City Selection Committee.
It was moved by Council Member Santillan-Beas and seconded by Council Member
Rodriguez, to approve all the nominations.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
It was moved by Council Member Rodriguez, seconded by Mayor Pro Tem Alatorre, to
nominate Mayor Morton to serve as the delegate and Mayor Pro Tem Alatorre to serve
as the alternate for the County Sanitation District.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS
NOES: NONE
ABSTAIN: COUNCIL MEMBERS ALATORRE AND MORTON
ABSENT: NONE
It was moved by Mayor Morton, seconded by Council Member Rodriguez to nominate
Mayor Pro Tem Alatorre as the delegate and Mayor Morton as the alternate for the
Gateway Cities Council of Government (SELAC).
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS, AND
NOES: NONE
ABSTAIN: COUNCIL MEMBERS ALATORRE AND MORTON
ABSENT: NONE
0
It was moved by Council Member Castro, seconded by Council Member Rodriguez, to
nominate Mayor Morton as the delegate and Council Member Rodriguez as the
alternate for the Greater LA Vector Control District
AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, AND ALATORRE
NOES: NONE
ABSTAIN: COUNCIL MEMBERS RODRIGUEZ AND MORTON
ABSENT: NONE
It was moved by Council Member Castro, seconded by Council Member Rodriguez to
nominate Council Member Santillan-Beas as the delegate and Mayor Morton as the
alternate to the Hub Cities Consortium.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ AND ALATORRE
NOES: NONE
ABSTAIN: COUNCIL MEMBERS SANTILLAN-BEAS AND MORTON
ABSENT: NONE
It was moved by Council Member Rodriguez, seconded by Council Member Castro, to
nominate Mayor Morton as the delegate and Council Member Rodriguez as the
alternate for the Independent Cities Lease Finance Authority.
AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, AND ALATORRE
NOES: NONE
ABSTAIN: COUNCIL MEMBERS RODRIGUEZ AND MORTON
ABSENT: NONE
It was moved by Council Member Castro to nominate Mayor Morton as the delegate
and Council Member Rodriguez as the alternate for the Southern California Association
Council of Government (SCAG).
AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, AND ALATORRE
NOES: NONE
ABSTAIN: COUNCIL MEMBERS RODRIGUEZ AND MORTON
ABSENT: NONE
Item #18. AMENDED CHECK SIGNING POLICY
City Manager Roger Haley introduced the item regarding the amended Check Signing
Policy.
After discussion, Council Member Castro made a motion to approve staff
recommendation.
Mayor Pro Tem Alatorre made a subsequent motion to accept the attachment provided
by the City Treasurer.
Council Member Castro requested a legal opinion regarding the dual titles of the
Assistant City Manager/Finance Director.
Council Member Castro made a subsequent motion to approve the City Treasurer's
recommendations and amendments.
City Treasurer Hernandez stated that recommendation la. is to change the word
"supplement' to the word "supersede".
He recommended that number 3 and 7 change "city official' to "any authorized signer".
City Attorney Fred Galante recommended using the phrase "following officials" because
the Deputy City Treasurer is a city official.
City Treasurer Hernandez recommended that number 4 give the City Manager the
opportunity to review documents before bringing the item back to the City Council.
City Attorney Fred Galante clarified that the word "contract' should be 'contact'.
City Treasurer Hernandez recommended that number 5 and 3b state "complete
documents" instead of "documents".
He recommended number 6 be removed.
City Attorney Fred Galante stated that number 6 is copied from the Government Code
Section 41004 and whether or not the language is included in the policy, it must be
complied with.
Council Member Castro recommended including the wording "working in conjunction
with the Finance Department' to number 6. City Treasurer Hernandez agreed with the
recommendation.
City Treasurer Hernandez recommended that number 5b be removed because the
system is online and there is nothing to fax.
Council Member Castro made a motion to approve the item inclusive of all the
recommendations by City Treasurer Hernandez, and clarified by City Attorney Galante.
Mayor Pro Tem Alatorre clarified that the Assistant City Manager would still be removed
from the Check Signing Policy and that the Council would be approving the
recommendations from the City Treasurer and City Attorney.
N
Council Member Castro clarified that the Assistant City Manager's signing authority was
removed at the last City Council meeting and her request is for a legal opinion on the
dual titles but her motion is to approve the item with the clarifications made to the City
Treasurer's recommendations.
Council Member Rodriguez seconded the motion.
RESOLUTION NO. 2011.009 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
RESOLUTION NO. 2010.228 ADOPTING A CHECK SIGNING POLICY FOR THE CITY
OF LYNWOOD AND ITS RELATED AGENCIES
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN-BEAS,
ALATORRE AND MORTON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Santillan-Beas thanked Jose Trejo and staff for their work on the Santa
home visits. She stated that Council had a lot of fun and the families were very happy.
Council Member Castro wished everyone a happy new year. She thanked everyone for
their concern while she was out. She commented on the bulky item pickup and asked
for a point of clarification with the Public Works department at the next City Manager
department meeting so that bulky items are picked up in a timely manner. Lastly, she
asked for an update on the broken pool heater.
Council Member Rodriguez wished everyone a happy new year and reminded everyone
that council meetings are held every first and third Tuesday of the month. He
commented on the illegal activities taking place in the alley behind his home and asked
the City Manager to ask Caltrans to fix the fence at Lavinia and Edgebrook.
Mayor Pro Tem Alatorre wished everyone a happy new year. He thanked the City
Manager and staff for taking care of the graffiti he complained about. He stated he
would be unable to attend the special meeting. He commented on parking and traffic
citations and asked staff for a report on how citations are processed.
Mayor Morton thanked everyone for attending the meeting. He commented on the
difficulty of being a council member. He commented on the check signing policy and he
thanked staff for the Christmas programs. He commented on resident participation in
City affairs. Lastly, he commended all the department heads on doing a good job.
V]
Mayor Pro Tem Alatorre was presented with a birthday cake and everyone sang happy
birthday.
CLOSED SESSION
NONE
ADJOURNMENT
Having no further discussion, it was moved by Council Member Rodriguez, seconded by
Council Member Castro, and carried to adjourn the regular Lynwood City Council
meeting at 6:54 p.m.
Jim Morton, Mayor
10
Maria Quinonez, City Clerk
� [C( AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Robert S. Torrez, Assistant City Manager
Lilly Hampton, Accounting Technician
SUBJECT: Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Lynwood City Council approve the
warrant register for Fiscal Year 2011-2012.
Attached Warrant Register dated January 17, 2012 --------------
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yH
0 AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
Honorable Chairperson and Members of the Agency Board
APPROVED BY: Roger L. Haley, City Manager/Executive Direc
PREPARED BY: Robert S. Torrez, Assistant City Manager 1W
Monica Ochoa, Accounting Technician 0' -
SUBJECT: Approval of the Warrant Registers for Community
Development Department (formerly LRA)
Recommendation:
Staff respectfully recommends that the Lynwood City Council and Agency
Chairperson and Board Members approve the warrant registers for Fiscal Year
2011-2012.
Attached Warrant Register dated January 17, 2012 --
AGENDA
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AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Robert S. Torrez, Assistant City Managerr
•Alfredo J. Lopez III, Human Resources Director
Lillian Ayala, Risk Manager
SUBJECT: Claim for Damages by Ukah Nnandi O
Recommendation:
Staff recommends that the City Council reject the claim of Ukah Nnandi O
against the City of Lynwood and send a standard letter of rejection.
Background:
On October 24, 2011, Ukah Nnandi O filed a claim for vehicle damage alleging
that on October 20, 2011, his 1996 Honda Accord was towed by RTS Towing
Service and broke his fuel tank and scratched the driver's side door. Ukah
Nnandi O's total claim request is $800. It is not known who called for the vehicle
to be towed. No City records exist for the alleged tow, confirming the City did not
tow the vehicle. The City contracts with H.P. Automotive & Tow Service, Inc. for
towing services. Therefore the City is not liable.
Staff recommends that the City Council reject the claim of Ukah Nnandi O
against the City of Lynwood and send a standard letter of rejection.
Discussion & Analysis:
Ukah Nnandi O submitted a RTS Towing Service receipt with his claim form.
The claimant alleges that the towing company damaged his vehicle during the
tow. Staff also confirmed that no citation or towing records exist for this vehicle.
The total claim request is $800. Liability does not adhere to the City in this
matter. The City contracts with H.P. Automotive & Tow Service, Inc. for towing
services and not RTS Towing Service. r-
GENDA
ITEM
I Z.
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
Finance
City Attorney
Attachments:
Claim Form
Claimant's Receipt
Claimant's Photos
(Rev. 10/1 1) LIABILITY
DATE FILED
City Claim Reporting Form CLAIM NO.
For all Persons or Property' DEPT,
SUBMIT TO: iR v^� I V t D
CITY OF LYNWOOD OF LYNWOOD
11330 BULLIS ROAD OCT 24 2011
LYNWOOD. CA 90262
.... o rvn uan. n, uNit)KT r V r6KnUuN, UK lU PERSONAL PROPERTY, MUST BE FILED
NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code. See. 911.2).
2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1)
YEAR .AFTER THE OCCURANCE (Gov. Code, Sec. 911.2).
3. READ ENTIRE CLAIM FORM BEFORE FILING.
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE. FULL DETAILS.
Name of Claimant:
N A -NI
Date of Birth: 0 L / / 6 !? C7 Social Securitv No.:
Home address of claimant:
City: `7r\ `^' o "('! State: CA %ip Code: ) 2 (, Z Telephone No.: I O p uR 9
Give address to which you desire notice or communication to be sent regarding this claim:
City: 6AW od0
State:
CA
lip Code:
9ft Z 2
Date of Accident: O / 2-- V lr'2 0 1 I
Time:
AM
_[r D
PM
Place of Accident:
How did damage or iniun occur? (Give full details)
Were Sheriffs at the scene". Yes
No File No. (Ifknown):
A a n��y J�� 5
l d
C) LJ "d .l"e.(
S9cion
JC�c wu q r..� ,t• j c�5 dC
What particular act or omission do you claim caused the injury or damage? Give the name of the City
emplovee causing the injury or damage, if known:
Give total amount of claim (include estimate amount ofany prospective injury or damage): 8'n a • n�
How was amount of claim computed? (Be specific. List doctor bills, wage rate repair estimates, etc.)
Please attach two original estimates.
Expenditures made on account of accident or injury (date and item):
Name of address of witnesses, doctors and hospitals:
PLEASE READ THE FOLLOWING CAREFULLY
For all accident claims, place on following diagram names of streets, including North, East. South and
West; indicate place of accident by "X" and by showing house numbers or distance to street comers.
If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw City vehicle: location of City vehicle at the
time of accident by "A- I" and location of yourself or your vehicle at the time of the accident by -13-
and
B -and the point of impact by -X".
Note: If diagrams below do not fit the situation, attach a proper diagram signed by claimant
FOR All'I'UMORII.Ii ACCIUIiN'I'S
FOR 0111ER ACCIDENTS
AOIiN'ALA
CU0.0
1'UNI1
7 9IlLRdIS
PA A'
I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND
CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO "THOSE
MATTERS WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO
THOSE MATTERS I BELIEVE IT TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PENALTY
OF PERJURY THAT THE FOREGOING IS'TRUE AND CORRECT.SrUNATURE
/
A
IIM'nmul.ubihM Uni
In
TOWING
SERVICE
11116 Wright Rd.
Lynwood, CA 9026?
=IF
(310) 632-7305
i
DAT_E_IN. � aQ a0\\ DATEOUT Wl (](�
STREET
CITY PHONE
LEGAL OWNER
INVOICE
Ao 94
ADITTIONAL TOWING
�e
STORAGE FROM TO
NUMBER DAYS - »0 DAY
TIME OUT I O
MILEAGENDING E
TIME IN '^
TIME
MILEAGE
START
MILES
INVOICE No.
DRIVER
TRUCK No.
rrNE uNoeaseNEo. m r,Ener eearlrr irw,.N,Ec.L'.r.urNegDED.ND ENnnrn �o
..E gsNE Nl M' D N:N,CLE MTI BCI l DV NI D uL ✓EusoN.L naD✓EP,�
inENGIM I W.vf aECkNED VEHICLE IN SAl1:F.CiONv CDNp NON
SIGNED
i
TOTAL
CNECX N.
CA CHARGE
fNOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES
LEFT IN CARS IN CASE OF FIRE, THEFT OR ANY OTHER CAUSE
BEYOND OUR CONTROL.
b 4 /
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B00
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��� ° AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manage
PREPARED BY: Robert S. Torrez, Assistant City Manager
Alfredo J. Lopez III, Human Resources Director..,&
Lillian Ayala, Risk Manager lq--
SUBJECT: Claim for Damages by Irma Y. Lopez
Recommendation:
Staff recommends that the City Council reject the claim of Irma Y. Lopez against
the City of Lynwood, send a standard letter of rejection and direct staff to tender
the claim to the Los Angeles County Metropolitan Transportation Authority
(Metro).
Background:
On August 30, 2011, Irma Lopez filed a claim for bodily injury alleging that on
March 7, 2011, after she boarded a bus at the location of Martin Luther King
Blvd. and California Blvd. and made her way to find a seat, the driver of the bus
accelerated at an abrupt speed causing Ms. Lopez to fall forward hitting her face
on the floor of the bus. Ms. Lopez' total claim request is over $25,000. Staff
confirmed that liability does not adhere to the City in this matter. The bus line
alleged in the claim is owned and operated by Los Angeles County Metropolitan
Transportation Authority (Metro).
Discussion & Analysis:
The claimant provided a bus number of 6750, a route number of 250, and the
driver's badge number as 72028. Staff confirmed that the alleged numbers do
not match City records for the Lynwood Trolley, and that the bus line alleged in
the claim is owned and operated by Los Angeles County Metropolitan
Transportation Authority (Metro). Therefore, liability does not adhere to the City
in this matter r
AGENDA
IFFEM
15
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
Public Works
City Attorney
Attachments:
Claim Form
(Rev. 12/09)
FROM
CITY OF LYNWOOD
11330 BULLIS ROAD
LIABILITY
City of Lynwood
Claim Reporting Form
For Persons or Property
R EC=E1 VEC
CITY OF LYNWOOD
AUG 3 0 )ri1
DATE FILED
CLAIM NO
DEPARTMENT
COPY
AdminSure
1470 Valley Vista Drive, Ste 230
LYNWOOD, CA 90262 PERSONNEL Diamond Bar, CA 91765
1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO PERSONAL PROPERTY, MUST BE FILED
NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code, Sec. 911.2).
2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1)
YEAR AFTER THE OCCURANCE (Gov. Code, Sec. 911.2).
3. READ THE ENTIRE CLAIM FORM BEFORE FILING.
4. IF NECESSARY ATTACH SEPARATE SHEET'S TO GIVE FULL DETAILS.
Name of Claimant: Z r rV� L-lc.l a k-, (--Ox-z
Home address of claimant:
City:.i2 '"
115 State: (ti
v
"Lip Code: (_
Telephone No.: 31 U) q (I'A-L(Say
yD
Address to which you
desire communications regarding this claim
to be sent: 3:Qd n) Q ifrin- -�L VI
City:
v ti'11
State:C A Zip Code: C1 01.11
Date of Accident:'
7 ao ((
Time: AM PM
Place of Accident:
NA06 4 t t-� uk-ALd
t %.1 \ ; boi
7 t 'GY l -i UrVln/ L �jl vc>< L y IWDOC� G�
How did damage or iniury occur? (Give full details)
Were Sheriffs at the scene'? Yes No / File No. (If known):
What particular act or omission do you claim caused the injury or damage?ive th
Ge name of the City
employee causing the injury or damage, if known: niP P Ali GLC_ iA
Give total amount of claim (include estimate amount of any prospective injury or damage):
How was amount of claim computed? (Be specific. List doctor bills, wage rate repair estimates, etc.)
Please attach two original estimates.
40
Expenditures made on account of the accident or injury (date and item): 0032 A na
Name and of address of witness(es), doctors and hospitals:
PLEASE READ THE FOLLOWING CAREFULLY
For all accident claims, place on fol lowing. diagram names of streets, including North, East, South and
West; indicate place of accident by "X" and by showing house numbers or distance to street comers.
If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the
time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1"
and the point of impact by "X".
Note: If diagrams below do not fit the situation, attach a proper diagram signed by claimant
FOR Auromoltn.e ACCIDENTS
vS
FOR O'rilER ACCIDENTS
CURD � SIDEwALA
CURB
YARRWAY
P711'1 SIDLWALR
I READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF AND CERTIFY
THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE MATTERS
WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO THOSE
MATTERS 1 BELIEVE—11 TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PENALTY OF
PERJU HAT E FOREG G IS TRUE AND CORRECT.
SIGNATURE DATE
A- {� pLa' y A)y ClUinnat'4--
Irma Yolanda Lopez
Date of Loss 03/07/2011
Page 1 of 1
RECEIVED
CITY OF LYNWOOD
AUG 3 0 2011
PERSONNEL
Attachment to questions from Claim from:
How did damage occur or Injury occur?
Claimant had boarded bus number 6750, Route 251 on March 7, 2011 in the city of Lynwood,
CA 90262. Location of the accident was on Martin Luther King Blvd and California Blvd. As
Claimant made her way to find a seat the driver of the bus accelerated the bus at a very abrupt
speed causing Claimant to fall forward hitting the floor face first causing claimant's injuries.
Driver of the bus was aware of Claimants fall and instead of offering help she laughed and drove
off. The bus driver has a duty ensure safety of occupants on the bus. The bus driver breached its
duty to claimant by forcefully accelerating the bus without checking that the Claimant had safely
been seated and continued to drive off in laughter and without any regret of Claimants injuries.
What Particular Act or Omission do you claim caused the injury or damage? Please give
names of City employees causing injury or damage and indentify any vehicles involved by
license plate number, if known.
The driver of bus No.# 6750, Route No. 250, her badge or I.D. No. 72028, breached its duty to
claimant by forcefully accelerating the bus without ensuring that the Claimant had safely been
seated and continued to drive off in laughter and without any regret of Claimants injuries or
possibility of immediate medical attention that may have been required.
Please list names and address of witness and Doctors and hospitals.
Masrour Chiropractic, Inc. Jose Antonio Rivera, M.D.
7136 Pacific Blvd., Ste. 240 5101 E. Florence Ave # 4
Huntington Park Bell, CA 90201
(323)584-8285 (323)560-4673
Signed :
Todd M. Friedman,
Attorney for Irma Yolanda Lopez
Dated:
t—
�trgp4�p4'!',�DAe 0 AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag<:Zoe
PREPARED BY: Robert S. Torrez, Assistant City Manager
Alfredo J. Lopez III, Human Resources Directo
Lillian Ayala, Risk Manager 11 -
SUBJECT: Claim for Damages by Gloria Alcaraz
Recommendation:
Staff recommends that the City Council reject the claim of Gloria Alcaraz against
the City of Lynwood and direct staff to send a standard letter of rejection.
Background:
On June 30, 2011, Gloria Alcaraz filed a claim for damages alleging that the
roots from a City tree were obstructing the drainage system for a period of over a
year. Ms. Alcaraz alleges to have had a sewer clean-out and replaced a pipe
and sprinklers due to tree roots. Ms. Alcaraz's total claim request is $511.82 for
a new pipe, sprinklers, the sewer clean-out, and drain cleaners.
Discussion & Analysis:
A claim for damages submitted by Ms. Alcaraz alleges that for the period of over
a year preceding June 29, 2011, the roots from a City tree were obstructing the
sewer line to her home. Ms. Alcaraz claims that the tree roots cracked the
driveway and that she had the cement replaced. Ms. Alcaraz also alleges that
the tree roots are clogging the sewer pipes and damaged the sidewalk.
Ms. Alcaraz submitted a video to show the sewer line problem. Ms. Alcaraz's
total claim request is $511.82. This amount is for the alleged clean-out of the
sewer line, drain cleaners, and repair of the pipe and sprinklers.
According to the City of Lynwood's Sewer Line Maintenance Policy, the property
owner is responsible for the sewer lines from the house up to the mainline, which
ITEM
includes the sewer lateral located in the street. It is also the City's standard
procedure that claimants, at their own expense, may submit a video of the
alleged problem in the sewer line. The claimant submitted a video of the alleged
clog to determine whether tree roots were the causing the blocks in her sewer
lines. Staff reviewed the video and determined that the amount of water and
roots shown was not sufficient enough to conclude that tree roots were the cause
of the plumbing problem. The video also did not show the depth and location of
the pipe clean-out. Therefore, staff could not determine the exact location of the
clog and of the lateral line's connection to the City's sewer mainline. A copy of
this video is also on file in the City Clerk's Office.
Staff also inspected the property and the alleged sewer clean-out.The entry for
the sewer clean-out was located in the backyard of the resident's property. Staff
indicated they were unable to determine if the clog was under the resident's
house or in the street. However, staff marked the location of the sewer line
connection and staff found resident -owned bushes on the west side of the house
where the sewer lateral is located. In addition, staff determined that the roots of
the resident -owned trees may be clogging the sewer pipes and the clean-out was
too far back in the resident's property for the sewer problem to have been caused
by the City's tree.
Staff also confirmed that the tree was properly trimmed on September 8, 2010, in
accordance to the City's tree trimming schedule. Therefore, staff confirmed that
liability does not adhere to the City in this matter due to the owner's responsibility
for sewer line maintenance.
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
Public Works
City Attorney
Attachments:
Claim Form
Claimant's Receipts
Claimant's Photos
City Photos
(Rev. 2/09)
FROM
CITY OF LYNWOOD
11330 BULLIS ROAD
LYNWOOD, CA 90262
LIABILITY
City Claim Reporting Form
For all Persons or Property
City of LyrkM�'i
1133; Si:ilii>
A.ttn: Fgrsonny! UAe
DATE FILED
CLAIM NO.
.DEPT.
COPY
AdminSure
1470 Valley Vista Drive, Ste 230
Diamond Bar, CA 91765
NO LATER THAN SIX (4 MONTHS AFTER THE OCCURRENCE (Gov. Code, See. 911-2).
2.CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1)
YEAR AFTERTHE OCCURANCE (Gov..Code, Sec. 911.2).
3. READ ENTIRE CLAIM FORM BEFORE FILING.
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS.
Name of Claimant:
Date of Birth: 01 I& K / Social.Secrrity No.:
Home address of claimant: n ,
City: '� State: S,A_ ZiFCode:" TelephoneNo.:
Giveaddress to which you desire notice or communication to be sent regarding this claim:
.Stater CA Zip Code: d 6
Date of Accident: 6 b.? -//0 ` /'0 �� �/_ 72 Time: AM PM
Place of Accident.�1 p� 4 I Ln
How did damage or injury occur? (Give full details)
r oo tri✓ewG,- c..tis %�oKu, ��d
kl& to be rte— /f IIdCTS � %e. �ccE� G, e /S� SP�eaofi�q �Y/
Cve I/A,*Me On 7 i +'
Qom. 4o
14Cfe/ 4Y -%e mfr..
Were Sheriffs at the scene? Yes No ule No. (If known): LV—A
What particular act or omission do you claim caused the injury damage? Give the name of the City
employee causing the injury or damage, if ]mown: R`Y -64, _r'yPd•
6;"0( Cu t -64e -Eiae Gfo(✓h,
Give total amount of claim (include estimate amount of any prospective injury or damage):
How was amount of claim. computed? (Be specific. List doctor bills, wage rate repair estimates, etc.)
Please attach two original estimates.
Expenditures made on account of accident or injury (date and item):
Name of address of witnesses, doctors and hospitals:
PLEASE READ THE FOLLOWING CAREFULLY
For all accident claims, place on following diagram names of streets, including North, East, South and
West; indicate place of accident by "X" and by showing house numbers or distance to street comers.
If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the
time of accident by "A- I" and location of yourself or your vehicle at the time of the accident by "B -I"
and the point of impact by "X".
Note: If diagrams below do not fit the situation, attach a.proper diagram signed by claimant
FOR AUTOMOBILE ACCIDENTS
ZZ
FOR OTHER ACCIDENTS .
Z/
CURB SmEWA[X L
CURB
71711
A
SmCWA1X
I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND
CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE
MATTERS WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO
THOSE MATTERS I BELIEVE IT TO BE TRUE. I CERTIFY (OR DECLARE) UNDER PENALTY
-OF PERJURY THAT -THE FORE604NG IS TRUE AND @ORREGT;
A
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PLANNING DIVISION
IF
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PROJECT INFORMATION
—1 cl I OWNER
V. A
I
P/L
STREET NAME
REAR YARD
6' Min
PROPOSED
ADDITION
10'x 14'
SITE ADDRESS
PHONE NUMBER
DESIGNER
DESCRIPTION: 90 sq room additi(
(1 bedroom)
IZONE R -1/R-2 or R/3
• Existing Area (sa ft)
iHouse 1,100
Garage 400
Min Total 1,500
IPr000sed Area (sa ft) 140
TOTAL AREA 1,640
' Lot Size 50'x 100'=5,000
iLot Coverage 1,640/5,000=32.80k
I
HOUSE (E) Q
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pipe .f;X.0
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349 East Bloom Street #277
Los Angeles, CA 90012
(714)612-1843
Date:ID 2-Z -���
Alnllbcr Southern Califomia
6-Oldt"ers' As7ocialion
Services Rendered To: R Y • f eY"(�
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Serriefs Period:
Month:
From: To: .
Materials:
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Total"S
Partners in building better lAwns
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Store 1037 PARAMOUNT
6400 ALONDRA BLVD
PARAMOUNT, CA 90723
(562) 259-2570
,
9
LYNWOOD, CA 902 2
Hours: Mon
6:00 -
9:00
Tue
6:00
9:00
ww
6:00 -
9:00
Thr
6:00 -
9:00
FI
6:00
9:00
Set
6:00 -
9:00
Sun
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8:00
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CA .. .
� JOb Number1LOcau0n J00 Phone
' Minn end Time Out Care aM Time Due in
i 06/26/2011 10:52 am) 06/26/2011 2:52
RENTAL EQUIPMENT
IVO. 1 00 /r+Zv
Vehicle License I written By
CAI
PO NumbelairthOate Checked In By
0a1e and Time In Rentea Pence
06/2612011 1:24 om
JORDAN A
4 HR
I Part Number 10ut Iln
Description
i Min Charge
Ex -Hours
Per Day !Per Week IPer Month
,DP
Tax
Amount
r
10446900992 It 1
Drain Cleaner -Auto Feed 50'
i 36.00
9.26
51.001
204.001
612.00
Y
I Y
36.00
'-101
Arrow head
0.00
1 0.00
0.001
0.001
0.00
Y
Y
0.00
103 1 1
1 U cutter 1 112"
�_ 0.00
1 0.00
0.001
0.001
0.00
Y
Y
0.00
105 _��- 1
Boring gimlet ,
0.00
0.00
0.00
0.00
V
V
0.00
1 I 1
_
1 U cutter, side blades 2"
0.00
0.00
-0.001
0.00
0.001
0.00
Y
Y
1
0.00
_110 —I}
1999714 — 1
Cleaning Fee - Return Clean
_�
Y
0.00
i
I
. NOT VALID WITHOUT REGISTER VALIDATION
4 TIPS
Page 1 of 1 No. 186749 Customer Copy
Rental Subtotal 36.00
hEstimated Damage Protection) 3.60 1
--
Total 43.11
ADDIv Deeosit i125.00 1
Change Duel -81.89
Remaining Balance Due 0.00
111111111111111111111
More saving.
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PARAMOUNT40CCAA90723A(562)272-8055
1037 00030 73533 06/26/11 01:25 PM I
CASHIER JORDAN - JMA2744
CUSTOMER AGREEMENT 0 186749
RECALL AMOUNT
39.60
SALES TAN 3.51
TOTAL $43.11
E D SIT 125.00
RUTH CODE -81.89
TA
ii'US1T NO# 10371106260318803186749032
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Store 1037 PARAMOUNT
6400 ALONDRA BLVD
PARAMOUNT, CA 90723
15621 259-2570
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CITY RE OF LYNWOEOD
OCT 3 201
PERSONNEL
Agent
Odvw's Lkmaia Number
Vehicle Llcema
written By
Ex -Hou Per Day
CA eee.
CA
CHRISTIAN 0'1
Jab Nn t 4a
Job Plana
PO NumbarBir me
Checked In By
11.31
63.00
252.00
CHRISTIAN O
Dat e anTime Out
d Time O
Date aniI Time Due in
Date end Time In
RemM Period
09/25/2011 1:23 pm
09!25/2071 5:23 pm
09/25/2011 2:49 pm
4 HR
RENTAL EQUIPMENT
Part Number
Our In
Dwcryrtion
Min Charge
Ex -Hou Per Day
Per Week Per MomhDP
Tax
Amount
0447300792
1
1 Drain Cleaner - Auto Feed 75'
44.00
11.31
63.00
252.00
756.00
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44.00
101
1
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0.00
0.00
0.00
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0.00
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0.00
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0.00
0.00
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103
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0.00
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Cleaning Fee - Return Clean
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SUM
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Page 1 of
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Rental Subtotal 44.00
4.40
3.85,
Total
Change Due -47.75
• Remaining Balance Due 0.00
(9801) 02 00276122
RECEIVED
CITY OF LYNWOOD
OCT 3 2011
PERSONNEL
09/20/1.1 HSE 100FF
12:19:55 2078
Ord#: 6641375 Inv#: 6537745
ELITE ELECTRIC BLONR
7.5 AMP MOT(305153)
1 EA @ 35.973 35.97
* RetaiI;.*- . 39:970
MAX STR DRAIN OPENER-GAL(09547)
1 EA @ 12.570 12.57
* Retail * 13.970
60LB QUIKRETE 5000(07535)
3 EA @ 4.190 12.57
* Retail * 4.490
SUB TOTAL 61.11
TAX 5.35
TOTAL — -66.46
You saved $6.30 !
All- 4---
44fftn!c��CENTER
7201 E. Firestone Blvd
Downey, CA 90241
(562) 927-8666
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AGENDA STAFF REPORT
�21ro ..
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Robert S. Torrez, Assistant City Manage
Alfredo J. Lopez III, Human Resources Director
Lillian Ayala, Risk Manager P -
SUBJECT: Claim for Damages by Edgar Esparza
Recommendation:
Staff recommends that the City Council reject the claim, and petition to file a late
claim, of Edgar Esparza against the City of Lynwood and direct staff to send a
standard letter of rejection.
Background:
On July 11, 2011, Edgar Esparza filed a late claim for vehicle damage alleging
that on August 25, 2010, his 1989 Chevy Astro Van was towed outside of his
apartment for having a 'for sale" sign in the window of the vehicle. Mr. Esparza
also alleges to have moved to Lynwood from Long Beach on August 15, 2010
and that his vehicle should not have been towed. His total claim is for $2,050.
Mr. Esparza filed his claim six months after the date of occurrence. According to
Government Code Section 911.2, claims for personal property damage must be
filed no later than six months after the alleged event. A late claim must be
presented within a reasonable time not to exceed one year after the accrual of
the cause of action. Mr. Esparza claims he could not file a claim during the six
months due to being disabled during the year. However, the law states that an
applicant must have been physically or mentally incapacitated to not have filed
during the specified time. Therefore, the City Council must consider if the late
claim application was presented within a reasonable time and that one or more
statutory grounds for granting a late claim are met.
Staff recommends that the City Council reject the claim, and petition to file a late
claim, of Edgar Esparza against the City of Lynwood and direct staff to send a
standard letter of rejection.
Discussion & Analysis:
Edgar Esparza submitted a claim for vehicle damages with the City on July 11,
2011, eleven months after the alleged towing of his vehicle. The City notified Mr.
Esparza on July 21, 2011, that his claim was returned because it was not
presented within six (6) months after the date of occurrence as required by law.
The only recourse at that time was to present a late claim application.
On August 4, 2011, Mr. Esparza submitted a written note stating that he was
disabled from personal injuries on December 7, 2010.and had multiple medical
and therapy appointments to attend and was not able to submit his timely claim
within the six (6) months timeline. A late claim application must be presented
within a reasonable time not to exceed one (1) year after the date of occurrence.
Since Mr. Esparza submitted his late claim eleven months after the alleged date
of occurrence, the City Council may be permitted to consider this late claim
application. If the City Council does not accept the late claim application for
consideration, the claim would be deemed rejected. Where a late claim is
presented more than one year after the date of occurrence, then the late claim
would be denied by operation of law.
The City Council must consider whether the claim application was presented
within a reasonable time and if one or more of the statutory grounds for granting
a late claim application are met, which are: 1) mistake, inadvertence, surprise or
excusable neglect; 2) minority; 3) physical or mental incapacity; and 4) death.
Mr. Esparza argues that his late claim application is the result of being disabled.
However, Mr. Esparza stated in his note that he attended multiple medical and
therapy appointments for his disability, illustrating that the claimant was mobile
and not physically and mentally incapacitated. Furthermore, his personal injuries
occurred almost four months after the alleged date of occurrence.
Moreover, according to the Lynwood Municipal Code Section 7-27, only
registered owners may display "for sale" signs on a vehicle if it is adjacent to the
residential property of the registered owner. Staff confirmed that Mr. Esparza's
residential address on file with the DMV on August 25, 2010, did not match the
residential address of where the vehicle was parked; therefore his vehicle was
cited and towed by the City. The City contracts with H.P. Automotive & Tow
Service, Inc. for towing services. Moreover, H.P. Automotive & Tow Service, Inc.
agreed to indemnify and hold harmless the City for any damage during such
tows. Additionally, Mr. Esparza also submitted receipts documenting his option
to not reclaim his vehicle and instead paid the storage costs and agreed to
transfer and release it to H.P. Automotive & Towing on September 1, 2010.
Thus, Mr. Esparza is seeking reimbursement for his cost of the tow and the
transfer of the vehicle he no longer owns. Staff also confirmed that Mr. Esparza
did not appeal his citation and tow, thus his opportunities to appeal are closed.
Therefore, liability does not adhere to the City in this matter.
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
Finance Department
City Attorney
Attachments:
Claim Form
Claimant's Receipts
Finance Department
City Attorney
Attachments:
Claim Form
Claimant's Receipts
(Rev. 2/09)
FROM
CITY OF LYNWOOD
11330 BULLIS ROAD
LYNWOOD, CA 90262
LIABILITY
City Claim Reporting Form
For all Persons or Property
RECEIVED
CITY OF LYNWOOD
JUL 1 1 2011
PERSONNEL
DATE FILED
CLAIM NO.
DEPT.
COPY
AdminSure
1470 Valley Vista Drive, Ste 230
Diamond Bar, CA 91765
1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO'PERSONAL PROPERTY, MUST BE FILED
NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code, See. 9t 1.2).
2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1)
YEAR AFTER THE OCCURANCE (Gov. Code, Sec. 911.2).
3. READ ENTIRE CLAIM FORM BEFORE FILING.
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS.
Name of Claimant:
Date of Birth: Social .Security No.:
Home address of claimant:
City: L A State: CA Zip Code: Telephone No.:
Giveaddress to which you desire notice or communication to be sent regarding this claim: Uj CLJAres�s
MOMCity: L)k State: CA Zip Code:
Date of Accident: Time: AM PM
Place of Accident:
How did ddamage or iniury . details)
400e8
AlliEff
li
♦ s / ♦IILLQ IBJ[=:: A ' �/ siI
♦e �� 1 nyv fAlwo "nom w0- _tt& i; A
Were Sheriffs at the scene? Yes No _ File No. (If known):
What particular act or omission do you claim caused the
employee cfkWing the injury or damage, if known -1Q-14
of claim (include a§timate amqunt of any
ge? G've the name of the ity
v� ko v (JA vs�av�C��nO
i�ry'ury or damage): ay
05Nw my \bLlil j-o� Ge y
How was amount of claim computed? (Be specific. List doctor bills, wage rate repair estimates, etc.)
Please attach two original estimates.
Expenditures made on account of accident or injury (date and item):
Name of address of witnesses, doctors and
PLEASE READ THE FOLLOWING CAREFULLY
For all accident claims, place on following diagram names of streets, including North, East, South and
West; indicate place of accident by "X" and by showing house numbers or distance to street corners.
If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the
time of accident by "A - I" and location of yourself or.your vehicle at the time of the accident by "B-1"
and the point of impact by "X".
Note: If diagrams below do not fit the situation, attach a.proper diagram signed by claimant
FOR AUTOMOBILE ACCIDENTS
FOR OTHER ACCIDENTS
1305.0 l"—" s� .
M
I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND
CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE
MATTERS WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO
THOSE MA'[eERS I BELIEVE IT TO BE TRUE.. I CERTIFY (OR DECLARE) UNDER PENALTY
OF PERJ THAT THE FOPEGOING IS TRUE AND CORRECT:
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I. P. Automotive & Tow, Inc.
300 Roseberry Ave.
luntington Park, CA 1 025 >
323)583-1831
PINK Accepted
Receipt # 78359
Log # 85088
Call # 40124
Agency: LPD
:9/01/10 16:46:04
Lot: 1
'ear: 1989
Towing Charge 01:05
124.00 134.33
lake: CHEV Model: ASTRO
Outside Storage 8
01- 36.00 288.00
3ody: VN Color WHI
Lien Charge
70.00
,icense -3 CA
Discount
( 252.33)
/eh ID #
/eh Code: 22651-N Hold: RELSE
REQ
Total Charges
240.00
Cow Date: 08/25/:" Time: 16:39
Payment Received
( 240.00)
Dispatch: 15:34 rrive: 15:50
Cash
240.00
.,ocation: 3531 _r)S':PHINE
Accepted PINK Slip
in Lieu of Balance
Balance
0.00
Reieased By:
Released To:
Accepted Fre.r. EDGAR ESPARZA
B4310539 CA
Address' 3750 FOUNTAIN ST
206
(562)313-2867
City/State : LONG BEACH, CA
90804-
Emp: JG
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RIO ESPARZA EDGAR
IMIMMMININIMMII ND102339002 R/O
ESPARZA EDGAR ua uru uu
3750 E FOUNTAIN ST #206
LONG BEACH. CA 90804
NOTICE OF PENDING LIEN SALE FOR VEHICLE VALUED $4000 OR LESS
(Civil Code §.3072) LIEN SALE UNIT
Pp ROX 912117
10 WHOM iT MAY CONCERN: SACRAMENTO. CA 93232.3170
Tis is to notify you that I intend to sell this vehicle at a lien sale (public sale) because my towing, storage. or repair bill has not been paid.
'ou may wish to take one of the following actions:
. Pay my bill and reclaim the vehicle before the sale date.
:. Stop the sale and dispute the lien in court. You may stop the sale by completing the Declaration of Opposition below and forward this notice to the
DMV in the enclosed envelope within 10 days of the date -this notice was mailed.
Disregard this notice if you no longer own or want this vehicle so I can proceed with the sale. However, if you are the last owner of record, you
may be liable for removal and disposition costs and lien not satisfied by sale of vehicle.
DECLARATION
OF
OPPOSITION
(must be sent to
DMV within 10
days of date
notice of sale
mailed)
REG 6WREV. 199)
ADDRESS CITY STATE ZIP CODE _
7300 ROSEBERRY AVENUE HUNTINGTON PARK CA_ __ 90255-
AGENT ACTING FOR LIENHOLDER (NAME) TELEPHONE NUMBER REGISTRATION SERVICE NUMBER
Clear Choice Lien Service, Inc. (619).583-6974 02501
ADDRESS CRY STATE ZIP CODE
P.O. Box 159009 San Diego CA 92175
TO: DEPARTMENT OF MOTOR VEHICLES th t
PI stDg the I' n 5a of this) vehj becaI I Coir o colnte Y �e lla$ienror Ne Court costs tlIs a0�resshat I'INefiI m Y file
an a on I u antl �ud9e ent Is rven )n nlsRler, von, ma
se or n In Perron o any co action Is:
PRINT TRUE FULL NAME TELEPHONE NUMBER
ADDRESS
MAILING ADDRESS IF DIFFERENT FROM ABOVE
Cm
STATE ZIP CODE
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE INFORMATION
ENTERED BY ME ON THE DECLARATION IS TRUE AND CORRECT.
DATE SIGNATURE
ATTENTION: This Declaration of Opposition will not be valid unless you have signed, provided your true full name and a
valid address. If the lienholder is unable to serve you with a Court action, he/she will be allowed to
continue with the lien sale (Civil Code 3072)
LICENSE NUMBER STATE REGISTERED LICENSE EXPIRATION DATE VEHICLE IDENTIFICATION NUMBER (VIN)
VEHICLE
! CA 10
DESCRIPTION
MAKE YEAR MODEL BODY TYPE ENGINE NUMBER (MOTORCYCLES ONLY)
CHEV 89 ASTRID VN
DATE VEHICLE CAME INTO MY POSSESSION DATE OWNER BILLED FOR DATE WORK OR SERVICES MY TOWING AND STORAGE WAS AUTHORIZED
SERVICES) STORAGE9/1/2010 COMPLETED BY A PUBLIC AGENCY
Cres ❑ No
INFORMATION
8/25/2010
\BOUT MY LIEN
The amount and basis of my lien and outstanding parking violations bail is:
STORAGE TO DATE AT THE RATE OF TOWING REPAIRS PARKING VIOLATIONS COST TO CONDUCT SALE
$288.00 $36.00 PPraay $134.33 $0.00 (CVC 22851.1) $70.00
The vehicle will be available for inspection at least one hour prior to the sale.
INFORMATION
DATE NOTICE OF SALE MAILED DATE OF SALE HOUR OF SALE
ABOUTTHE
9/1/2010 10/8/2010 8:00: dam ❑pm
SALE
LOCATION OF SALE (STREET ADDRESS) CITY STATE ZIP CODE
7300 ROSEBERRY AVENUE HUNTINGTON PARK CA 90255-
I hereby certify under penalty of perjury under the laws of the State of California that the information entered by me on this
document is true and correct and I have no information or belief that there Is a valid defense to the claim which gives rise
to the lien.
DATE SIGNAT F�gIENMOLDER OR AWT ACTING FOR LIENHOLDER
9/1/2010 X �/ A-� C 1- (AGENT)
LIENHOLDER (NAME) TELEPHONE NUMBER BUREAU OF AUTOMOTIVE REPAIR NO
CERTIFICATION
_ _ _._
`� "`- t�ir
DECLARATION
OF
OPPOSITION
(must be sent to
DMV within 10
days of date
notice of sale
mailed)
REG 6WREV. 199)
ADDRESS CITY STATE ZIP CODE _
7300 ROSEBERRY AVENUE HUNTINGTON PARK CA_ __ 90255-
AGENT ACTING FOR LIENHOLDER (NAME) TELEPHONE NUMBER REGISTRATION SERVICE NUMBER
Clear Choice Lien Service, Inc. (619).583-6974 02501
ADDRESS CRY STATE ZIP CODE
P.O. Box 159009 San Diego CA 92175
TO: DEPARTMENT OF MOTOR VEHICLES th t
PI stDg the I' n 5a of this) vehj becaI I Coir o colnte Y �e lla$ienror Ne Court costs tlIs a0�resshat I'INefiI m Y file
an a on I u antl �ud9e ent Is rven )n nlsRler, von, ma
se or n In Perron o any co action Is:
PRINT TRUE FULL NAME TELEPHONE NUMBER
ADDRESS
MAILING ADDRESS IF DIFFERENT FROM ABOVE
Cm
STATE ZIP CODE
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE INFORMATION
ENTERED BY ME ON THE DECLARATION IS TRUE AND CORRECT.
DATE SIGNATURE
ATTENTION: This Declaration of Opposition will not be valid unless you have signed, provided your true full name and a
valid address. If the lienholder is unable to serve you with a Court action, he/she will be allowed to
continue with the lien sale (Civil Code 3072)
�SrZG1 Nec�o� V E.N . .Fol. S w(�
STA TM�NTOFRNM FURNISHED TO ALLPEADE
INC. MOTE: DrIP,eo.
DEPARTMENT OF DALIPDRNw HIOIaNAY PATROL H.P. TOW,
OFFICERS BY THE CALIFOAlRh HICINWY PATROL
VEHICLE REPORT
CHP 180 (Rev. 2-09) OP1081 FaE ND.
LOCATION CODE TE ITMEOF REPMT MOT �gOFB Mwkv
LASD
EN FROM ry EXT'
P441 ALC LV/
/ SO • EWWW
O -
�DOIIa1ER RPAovIO
V W CLEAR W 6vaTyq YEa
Lo c
d26�—
LIC. CLEAR eI am YES
-7--.1-7 L M c
BODY TYPE
COLoa
LICEN6E
TOREDTO I STORED AT
tf-
W H
SAME AS ABOVE
ENGINE
No ialfarast�a
rTee
coNatloN YES NotEFTCRONT
SEAT IF
REWTERED DINER
;,
7 WSAME AS Rip
;E;]O=
SPATCH K-O
�ONE MOAT?
Two *
I 7D,.OW
LEGAL ORNER
`STORED ❑ IMPOUNDED
❑ RELEASED
❑ RECOVERED - VEHICLE I COMPONENT
STORAGE Ain-HORITY I REASON
-7--.1-7 L M c
TOWING/ STORAGE coNcenN fliAYE, AooREss. r+roN4
H.P. TOW, INC., 7300 ROSEBERRY AVE., HUNTINGTON PARK, CA 90255 PHONE: 323) 583DRIVEABLE-1831
C� Sh / � ✓
V vN •• `�Sf"
TOREDTO I STORED AT
=L-�L
AWBA<T
❑ `'E8 NO [Ih ❑ _ ❑rca
❑No ❑AM
SAME AS ABOVE
OEM YE9
No ialfarast�a
rTee
coNatloN YES NotEFTCRONT
SEAT IF
No YES No
REGISTRATION CMIPEN
WRECKED
SEAT(REAR)ALT.I(EHEMTOR
BURNED NULLA W 431(c) VC _-_._
hEBSEI AS LIPID
e.mw MEAftlFs
RATM FRONT
X LEFT NEAR
MISC. PARTS STRIP
TAPES
SURGICAL STRIP Pe 4311(b) VC IGNITION LEY
RELEASE VEMCLETO: ❑RIO OR AGENT E] AGENCY VOID
IIAME OF PE' NSON / A([NCY AUTHORmMG RELEASE I IA. NO.
22060] VC
Int L TIE UNDERSIG ED. DO M
AND ENTITLED TO TAKE POSSES
RIGHT
SPARE
Isle co
I AM LEGALLY
NOTICE OF STORED.VEHICLE (22852 VC) MOTE CHP IW;S FURNISHED
. OFFICERS ITY THE TOALL PEACE
A. ATTENTION VEHICLE OWNER -. � ...... CALIFORNIA NIGHIwr PATR(
The vehicle identified on the revere side, registered/owned in your name, was stored pursuant to the
agency shown below. Previsions of the California Vehicle Code (VC) by the
.Under the provisions of Section 22852 VC, you have the right to a hearing to determine the legality of this storage. if you choose to contest the
storage, you must request the heating in writing, m Person, or by telephone at the office identified as the Storing Agency on this iomm. The vehIde sto of th
hearing is an informal process to deterfine whether or not a vetlitle was stored legally. rage
Your request for a hearing must be received wiWn ten (10) days from the date of this noti if you request a hearIng, R A be Conducted within 48 hours 01
request, excluding weekends and holidays. Your failure to request or attend a scheduled hearing shall satisfy the Post-storaR VaAdfty requirements of Sec
22852 VC.
If the heating deteitnines the storage to be unlawful, the storing agency Will be responsible for the towing and Storage Cha H. .
this "hide is no longer owned by you, please contact the Storing -. _ '9�. ! , you. have any questions, of
nng Agency shown belay.' _ .... . .
e CERTIFICATION
I hereby certify that notices with Postage Prepaid were deposited in the United States Mali, and these notitxzs, of which this le a. .
Parson named herein. COPY, wece addressed to the
e5 Al
C. NOTICE TO DEPARTMENT OF JUSTICE -1
❑ Owner cannot be identified ❑ Owner cannot be notified
We have been unable to give notice to the owner of record as requited by Section 22852 VC and the vehicle, ager 12t1 tours of
Send to Deperbrent of Justice, Stolon Vhiclee 1,-. P.O. Bert 903417. Sacramento, CA g{2«}{170ge, has not been rehrrrR
r STORING AGENCY —�
CENTURY SHERiFF'S STATION
NOTICE OF STORED VEHICLE / CREDIT PROTECTION AGREEMENT
H.P. AUTOMOTIVE & TOW SVC
7300 ROSEBERRY AVENUE
HUNTINGTON PARK, CA 90255 -
TELEPHONE NUMBER/ NUMERO DE TELEFONO
;323) 583-1831
ESPARZA EDGAR
3750 E FOUNTAIN ST #206
LONG BEACH, CA 90804
37101129 8/25/2010 9/1/2010
Total tees yw may w "lly msl%alaala tet I Las rgrglams lotaks asNO p,.atle W bya/m tte rasponsaab
TOW I NG /Remolque $134 .33
STORAGE AT THE DAILY RATE OF/ Almacenaje on ei indice diano de $36.00
LIEN PROCESSING / Proceso del embargo preventivo $70.00
IMPORTANT:
1. If this vehicle was impounded by a public agency, additional
city tax and/or vehicle release fees may apply.
2. If you donated this vehicle to a charity and turned in a
Release of Liability to the California DMV, please disregard this notice.
Vehicle Description / Descriloodn Del Vehiculo
.arae NMMerNumao Oe 4 Lisma Slalel Esraoo - Verutla IaenNration Nurroer Numero de dan1,lydtibl De/ Venicub Year I AAo Make lhf , o MoCel l Modelo SMe I EsNo
CA 89 CHEV ASTRO VN
4TTENTION REGISTERED OWNER: YOUR CREDIT FILE MAY BE AFFECTED!
;alifomia Civil Code Section 3068.2 stales that as the last owner of record for the above described vehicle, you may be liable to us for the total charges and
ees, (towing, storage and lien processing), less the amount we receive from the sale of this vehiGe.
t is important that you reclaim your vehicle as soon as possible since storage charges are accumulating daily. If you do not reclaim your vehicle prior to our
:ale, you may be liable to us for up to 60 days storage cost, plus fees shown above for a total of $2,364.33, less the amount we receive from the sale of this
iehicle. We may refer our deficiency to a collection agency if you do not act soon.
F YOU ARE NOT GOING TO RECLAIM YOUR VEHICLE, YOU CAN PARTICIPATE IN OUR CPA PROGRAM
f you pay us $240.33, (towing fees, lien processing fee plus 1 days storage), before 9/11/2010 we will waive our deficiency claim. To take advantage of this
tffer, sign the statement at the bottom of this letter and bring 0, along with any title or other paperwork you have for this vehicle, to our office address, shown
tbove, along with the amount you are paying. If you fail to act before 9/11/2010, you will no longer be eligible for this offer.
Propietario Registrado Atenci6n: Su Fichero Del Credito Puede Ser afectado!
La seccidn 3068,2 del c6digo civil Mie California indica qua conlo el propietano pasado del expedients para or vehiculo arnba descrito, usted puede ser
obligado a nosotros para las cargas y los honorarios totales, (el remolque, at almacenaje y el embargo preventivo qua process), manes la cantidad qua
recibimos de to vents de este vehiculo.
Es importante quo usted redama su vehiculo cuanto antes puesto que las cargas del almacenaje estAnacumulando diariamente. Si usted no mclama su
vehiculo antes de nuestre vents, usted puede ser obligado a nosotros para el costa del almeceneje de hasta 60 dies, mas los honorancts moshar/os
amba pare un total de $2,364.33, menos to cantidad qua recibimos de to vents de este vehiculo. Podemos mferir nuestra deficiencia a una agenda de
Si usted no va a reclamar su vehiculo, usted puede participar en nuestro programa de CPA
Si usted nos page $240.33, (los honoranos del remolque, honomno de proceso del embargo preventivo mAs at almacenote de Idles), antes de que
9/112010 nosotros renuncie nuestm demanda de to dericiencia. Aprovecharse de esta oferta, firmer Is declaraddn an at tondo de este carta y fraena,
junto con el cualquier liuic o el olro papeleu usted bene para este vehiculo, a nuestro diremionamiento de la oficina, mostrado arriba, junto con to
CREDIT PROTECTION OFFER / OFERTA DE LA PROTECCION DEL CREDITO
I agree to pa the lienholder, H.P. AUTOMOTIVE TOW SVC, the sum of $240.33. The lienholder, u
9 Y pen receipt of this payment, agrees to waive any , I
remaining deficiency claim that they would otherwise be entitled to when they receive title to this vehicle and it is sold.
� I
i Acuerdo pagar el lienholder, H.P. AUTOMOTIVE TOW SVC. Is sums de $240.33. EI lienholder, score recibo de este pago, acuerda renunciar cualquier
demanda restante de to dehciencia a la cual fueran dodos derecho de otm manera cuando reciben titulo a este vehiculo y se verde. I
REFS xAce OATE I FECHA
SIGNATURE OF VEHICLE OWNER I FIRMA DEL PROPIE j
I. 85088 35 37101129
X j
I DAYTIME TELEPHONE NUMBER MOMERO DE TELEFONO DEL DIA
PRINT TRUE FULL NAME MOMBRE COMPLETO VERDADERO DE LA IMPRESION I
AMOUNT RECEIVED M CANTIOAD RECIBIO DATE / FECHA
I
SIGNATURE OF LIENHOLDER /FIRMA DE LIENHOLDER
XI
Save your credit standing and
act now / Excepto su situacion y acto de cr6dito ahora. I
i.-----------•---•-•------- -----------------------------------------------------------------
TO PROPERLY RELEASE YOUR LIABILITY, PLEASE READ AND FOLLOW INSTRUCTIONS ON REVERSE SIDE
SECTIONS A -J MUST BE COMPLETED IN FULL PRINT IN CAPITAL LETTERS - USE BLACK OR BLUE INK
NOTICE OF TRANSFER AND
RELEASE OF LIABILITY
MAIL THIS FORM TO DMV
A. NEW OWNERS LAST NAME IORI COMPANY NAME FIRST
-- mi�-n
U. NEW1rRE5�
NUMBER G ODOMETER READING (NO TENTHS)
D ErAPT
FTFI FEE
D. CITY LII IL�'TI� STATE ZIP CODE
3�1
-LORI
�OFLEASE UR'
F. SELLER'S LESSEEI'S
LASTNAME TORI COMPANYTT ' NAME FIRST
- G, SELLING PRICE (NO CEMS)��/
I�I� LE
1
_
_
__ _
__
'
�DOLOLARS
H, SELLER'S OR LESSEE'S ADDRESS
APT NUMBER I. SELLERS OR LESSEE'S SIGNATURE
X
1(J C�ITY117 STATE ZIP CODE
ED
VEHICLE ID NUMBER YR MODEL MAKE PLATE NUMBER
1GCDM15Z3K8256918
REG 138A (REV. &2 7)
1989 CHEV 3W82703 I
CITY OF LYNWOOD
11330 Bullis Road
Lynwood, CA 90262.
((310 603-0220
MISCELLANEOUS RECEIPT
Received of
For
N° 285'41 -
Date 20� r
-0 h ��cL1
v r
Photo Copies ❑ Interest L. DOLLARS $ �
❑ Postage ❑ Retu`m Check Char✓`Service Charge (Water)
❑ Return Check 115ihellr
❑ Fire Reports
Account No: r/ 30� � --
a r.
By
g� vy� `Ja v\- aUjc) -
� 0 P'q
/ S T I T v
Patient Name
Claim Number:
Date of Injury)ies)
Employer_
DIAGNOSIS
WORT( STATUS REPORT
ATTENDING PHYSICIAN'S REPORT
Date
Date of Next Exam _ _ Patient Social Security No.: _
Time in
C Medications Dispensed: Motrin:
Other:
19000 Hawthorne Blvd., Suite 10C
Torrance, California 90503
13101 542-3472
Fax: 13101 542-2569
Time out
Feldene: Flexeril: Tylenol/Codeine N3: Antibiotics:
0 Orthopedic Appliances: Cervical Collar: Wrist Splint: Crutches: Knee Immobilizer: Ankle Immobilizer: Lumbar -Sacral Support:
Other:
Next appointment date:___________ Time:___________
D Permanent & stationary.
❑ IS I.,1 WILL PROBABLY BE) released for REGULAR WORK on__ __
D Is released to MODIFIED duty from to
No lifting over 10 lbs. -1 25 lbs. i : 50 lbs.
WITH RESTRICTIONS of:
__ -- lbs.
Limited use of: L; Right : 1 Left [-1 Leg C Shoulder f', Arm Hand
D Limited: D Standing f' Walking 1. Sitting C' Stooping h Bending
1:.; Off work if not available
C Patient discharged as cured
C1 is DISABLED from
-- No overhead work
Must wear splint
t No soiling or wetting of dressing and/or wound
i ; Patient will have permanent residuals. f Patient will require future medical care.
❑ PHYSICAL THERAPY has been scheduled
to
for
I ' For the remainder of the shift.
PATIENT STATUS
Since the last exam, this patient's condition has:
improved as expected. - improved but slower than expected
D worsened. plateaued, no further improvement is expected.
Briefly describe any change in objective or subjective complaint:
Status given to:
Date
Initials
Time
weeks. [7 Back Rehab Program.
not improved significantly.
L- has been determined to be non -work related.
M.D. Signature
Stuart M. Gold, M.D.C.M.
Daniel M. Zinar, M.D.
Gregory Yoshida, M.D.
Thomas Harris, M.D.
Brian Magovern, M.D.
Anthony Ahn, M.D.
0594-1A REV.
PATIENT:
O Regular Work
U Temporary disahilily thru
U No lilting/carrying over lbs.
U No repetitive hendinghlouping
U No repetitive kneeling/squalling
Next appointment
SS#:
U No standing/walking over _ hrs.
total per day
U Desk dmvAlt-down work
U No sitting over _ his. turd per day
J No repetitive reaching/overhead activity
J Minimal use of R/1. hand
U No Rtrcelul gripping/grasping
U Limited keyboard use
U No use'R/L hand
U Must use/wear U couches U cane
U aphid U sling U cast
U Olher/convnems
0/0 // l @ / 1.0-Z) Thalli .
Primary Treating Physician: loriginal ,icnamrr. Jo not >tmnpl
tl del., under pen:dp ,I ltrrynIhnt Ihl. report i, me and curter w tem hca or me knuu ledge and rhai I hmv not uulnm l I-aNn Ohlc 114,11
Executed at: 11=11 CA
Date of signature and ex:un
Address: LLL) L I_ Horelice Avolalc4 o'Ie H Ball, CA 2111II Phone 1 i231 5Q-1886
U Timothy K. Ross, M.D. Cal. LIcp:GIK,6223
U IAslie K. Shokes, M.D. Cal, l.ick:A51726
AGENDA STAFF REPORTtr nn�.
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Robert S. Torrez, Assistant City Manager �l
Lorry Hempe, Budget and Intergovernmental Affairs Manager
SUBJECT: Adoption of a Written Procedure to Request an Administrative
Hearing Without Payment Upon Proof of Inability to Pay
Recommendation:
Staff recommends that City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A
WRITTEN PROCEDURE ALLOWING A PERSON TO REQUEST AN
ADMINISTRATIVE HEARING WITHOUT PAYMENT OF THE PARKING PENALTY
AND TO REQUEST PAYMENT OF PENALTY IN INSTALLMENTS OR DEFEREMENT
UPON PROOF OF INABILITY TO PAY AMOUNT DUE."
Background:
Existing law generally provides that the enforcement of penalties for violations regarding
unlawful standing or parking of vehicles shall be governed by civil procedure that
includes a processing procedure, an administration investigation, review procedure, and
an administrative and judicial appeal process. California Vehicle Code Section 40215(b)
requires an issuing agency to adopt a written procedure to allow a person to request an
administrative hearing without payment of the parking penalty upon satisfactory proof of
an inability to pay the amount due.
Discussion & Analysis:
To comply with AB 408 mandating the transfer of parking citation processing functions
from the courts to the cities, on December 21, 1993, the City Council adopted
Resolution No. 93-162 approving written procedures, entitled "AB 408 Administrative
Manual", for the collection of parking penalties and for administrative review of
ITEM I
contested parking citations. On April 2, 1996, the manual was further amended to
comply with AB 1228 which made several changes to the existing law in the areas of
adjudication and payment of parking citations.
A person receiving a citation has an opportunity to contest the parking citation for free.
The adoption of AB 408 and AB 1228 provided for cities to establish an administrative
procedure for those persons desiring to contest a parking citation. There are basically
three steps that provide persons with an opportunity to contest parking citations that
were issued to their vehicles. These three steps are as follows:
1) First Step (Initial Review),
2) Second Step (Administrative Hearing), and
3) Third Step (Appeal through the Superior Court).
Second Step: Administrative Hearing
The City does not charge persons requesting an initial review on the notice of parking
citation.
Pursuant to California Vehicle Code 40215(b) if the person is dissatisfied with the
results of the first step of review, which is the Initial Review, that person may request an
administrative hearing of the violation within 21 calendar days following the mailing of
the results of the Initial Review. Under the same code section, the person requesting an
administrative hearing must deposit the amount of the parking penalty with the
processing agency.
The City's adopted AB 408 Administrative Manual" ("AB 408 manual") makes a
reference to allowing an indigent person to request a waiver of the required payment by
filing a "Request for Waiver of Parking fine". In addition, the AB 408 manual also states
that if the person is found liable, payment arrangements must be made within 45 days
from the date of the hearing. Also in the manual, following the administrative hearing,
the Hearing Examiner or the City may allow payment of parking penalty in installments if
the person provides proof of an inability to pay in full.
Effective January 1, 2010, California Vehicle Code Section 40215(b) requires an issuing
agency to adopt a written procedure to allow a person to request an administrative
hearing without payment of the parking penalty upon satisfactory proof of an inability to
pay the amount due. To better articulate and expand on the references made under the .
AB 408 manual regarding a request for a waiver, staff is recommending the following
written procedure similar to the procedure used by the City of Los Angeles and City of
Inglewood:
`Pursuant to California Vehicle Code Section 40215(b), the City of Lynwood
("City') allows persons to request an administrative hearing without payment of
the parking penalty upon satisfactory proof of an inability to pay the amount due.
If a person is dissatisfied with the results of the initial review, the person may
11
request an administrative hearing no later than twenty-one (21) calendar days
following the mailing of the results of the initial review. This request may be made
by telephone, in writing, or in person. The person must include a deposit for the
full amount due. If the person is unable to deposit the full amount due, he or she
must provide satisfactory evidence of his or her inability to pay the amount due.
He or she must complete an "Administrative Hearing Payment Waiver Request'
form with all supporting documents to establish whether he or she qualifies as a
very low income household. To determine whether one qualifies for this waiver,
City staff shall use income guidelines established by the Department of Housing
and Urban Development.
The City Manager or his designee has the authority to modify the `Administrative
Hearing Payment Waiver Request' form for updates or corrections. The waiver
does not cancel the fine but allows the person to attend a hearing without first
paying the fine as required by state law. If the citation is found valid by the
Hearing Examiner, the person must still pay the fine within 90 days from the date
of the hearing.
The Hearing Examiner may allow payment of the parking penalty in installments
or the City staff may allow for deferred payment or allow for payments in
installments if the person provides evidence satisfactory to the Hearing Examiner
or the City of an inability to pay the parking penalty in full using the same
financial hardship criteria for the `Administrative Hearing Payment Waiver
Request." The payment must be received within 90 days from the date of the
hearing.
The City of Los Angeles uses "very low income" household criteria. The Housing and
Urban Development issues program income limits. Staff proposes to use this as the
basis of determining "very low income" household eligible for a waiver, installment and
deferment.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Coordinated With:
City Attorney
N
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING
A WRITTEN PROCEDURE ALLOWING A PERSON TO REQUEST AN
ADMINISTRATIVE HEARING WITHOUT PAYMENT OF THE PARKING PENALTY
AND TO REQUEST PAYMENT OF PENALTY IN INSTALLMENTS OR
DEFEREMENT UPON PROOF OF INABILITY TO PAY AMOUNT DUE
WHEREAS, on December 21, 1993, the City Council adopted Resolution No. 93-
162 approving written procedures, entitled "AB 408 Administrative Manual" on the
collection of parking penalties and for administrative review of contested parking
citations; and
WHEREAS, on April 2, 1996, the "AB 408 Administrative Manual" was further
amended to comply with AB 1228 which made several changes to the existing law in
the areas of adjudication and payment of parking citations; and
WHEREAS, effective January 1, 2010, California Vehicle Code Section 40215(b)
requires an issuing agency to adopt a written procedure to allow a person to request an
administrative hearing without payment of the parking penalty upon satisfactory proof of
an inability to pay the amount due; and
WHEREAS, to better articulate and expand on the references made under the
AB 408 manual regarding a request for a waiver, staff is recommending the following
written procedure similar to the procedure used by the City of Los Angeles and City of
Inglewood.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Council approves the following written procedures:
"Pursuant to California Vehicle Code Section 40215(b), the City of Lynwood
("City') allows persons to request an administrative hearing without payment of
the parking penalty upon satisfactory proof of an inability to pay the amount due.
If a person is dissatisfied with the results of the initial review, the person may
request an administrative hearing no later than twenty-one (21) calendar days
following the mailing of the results of the initial review. This request may be made
by telephone, in writing, or in person. The person must include a deposit for the
full amount due. If the person is unable to deposit the full amount due, he or she
must provide satisfactory evidence of his or her inability to pay the amount due.
He or she must complete an `Administrative Hearing Payment Waiver Request"
form with all supporting documents to establish whether he or she qualifies as a
very low income household. To determine whether one qualifies for this waiver,
B
City staff shall use income guidelines established by the Department of Housing
and Urban Development.
The City Manager or his designee has the authority to modify the `Administrative
Hearing Payment Waiver Request' form for updates or corrections. The waiver
does not cancel the fine but allows the person to attend a hearing without first
paying the fine as required by state law. If the citation is found valid by the
Hearing Examiner, the person must still pay the fine within 90 days from the date
of the hearing.
The Hearing Examiner may allow payment of the parking penalty in installments
or the City staff may allow for deferred payment or allow for payments in
installments if the person provides evidence satisfactory to the Hearing Examiner
or the City of an inability to pay the parking penalty in full using the same
financial hardship criteria for the `Administrative Hearing Payment Waiver
Request." The payment must be received within 90 days from the date of the
hearing.
Section 2. That the City Manager is authorized to review the written
procedures and amend as necessary to reflect the needs of the day to day operations.
Section 3. This resolution shall be effective immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 17th day of January, 2012.
ATTEST:
Maria Quinonez
City Clerk
5
Jim Morton
Mayor
Roger L. Haley
City Manager
APPROVED AS TO FORM:
Fred Galante
City Attorney
APPROVED AS TO CONTENT:
Robert S. Torrez
Assistant City Manager
CITY OF LYNWOOD
REQUEST FOR WAVIER APPLICATION
Must be completed and returned within 10 calendar days.
Name:
Address:
City, State & Zip:
Citation No.:
Vehicle License:
Phone No.:
I hereby request a waiver of the requirement to deposit the parking penalty for an
Administrative Hearing, for the following reason(s):
1. Employment
2. Supported By:
Employed
_ Self
Full Time
_ Spouse
_ Part Time
Parents
_ Unemployed
_ Welfare
Disabled
_ S.S.I.
_ Homemaker
_ A.D.C.
Total No.
_ Military
Other
Other
4. Your Gross (monthly) Income (take home pay, welfare, etc.): _
5. If unemployed, number of months
of unemployment:
6. Assets Value
7. Monthly Expenses
Motor Vehicle $
Rent/Mortgage
Home $
Utilities
Property
Savings Account
Checking Account
Cash on Hand
All other
TOTAL
3. Persons Supported
Self
Spouse
Children
M
Other
Loans/Credit cards
Food/Clothing
Transportation
Medical/Dental
All other
TOTAL
S. I understand that I must pay the parking penalty in full should the Hearing Examiner
determine that I am liable for the citation. There is no process to arrange a monthly
payment schedule.
9. 1 declare under penalty of perjury under the laws of the State of California, that the
forgoing is true and correct.
Signature Date
��IFO4;;`���p° AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag6;0
PREPARED BY: Robert S. Torrez, Assistant City Manager o\
Lorry Hempe, Budget & Intergovernmental Relations Mgr. Y \
Delania G. Whitaker, Administrative Analyst ly
SUBJECT: Appropriation of Law Enforcement Forfeiture Funds
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING AN ALLOCATION OF $50,000 TO FUND THE LA COUNTY
SHERIFF'S ANTI -CRUISING AND LOUD NOISE ENFORCEMENT AND TO
APPROPRIATE $50,000 FROM THE UNAPPROPRIATED LAW
ENFORCEMENT SEIZURE FUND TO PAY FOR THE COST".
Background:
For FY 12, the Sheriff was provided $79,710 from grants to pay for Sheriff Units
to abate cruising and loud noise. In prior fiscal years, the General Fund was
used to supplement these services.
Staff was informed by Sheriff personnel in December that the Sheriffs
Department has exhausted the funding for FY 12. The Sheriff has requested an
additional $80,000 to continue operations of these services.
Discussion & Analysis:
According to the Sheriff's personnel, cruising and loud noise complaints remain
prevalent in the community. The grant funds allocated to abate these nuisances
have been exhausted as of December 2011. It costs an estimated $1,000 per
night to provide cruising enforcement and $1,500 per night to provide loud noise
and party enforcement. Special enforcement at this time has been curtailed
since the grant funds have been exhausted. Calls for services received by the
Station for cruising and loud noise enforcement will have to be prioritized against
all other calls for services. This may mean increased response time for calls for
services.
ITEM
/07
Given the limited General Fund reserves, staff looked for other sources of
available funds to cover the requested expense. The Law Enforcement Seizure
Fund has available fund balance for appropriation.
Services to be Provided for the $50,000 Additional Allocation
Sheriff staff can deploy one two-man car for six to eight hours during the
evening/early morning hours each Sunday with the sole purpose of Anti -Cruising
abatement. The remaining hours will be used to deploy a Loud Noise
enforcement car and a supervisor. Deployment will not begin until mid to late
March, so no Loud Noise enforcement car will be available the next few months.
The Deployments will stagger without deployment some weekends and vary
between Friday and Saturday nights depending on trends, sports events, etc.
until the funds deplete. Such limited deployment schedule is necessary to stay
Within the $50,000 appropriation.
Additional days of operation per week would require additional appropriation from
already limited and constrained General Fund reserves and existing law
enforcement budget. For FY 12, Departments were required to save 10% of their
budget to help the constrained General Fund. Any savings from the Law
Enforcement budget will help toward avoiding depleting the General Fund.
However, in the event the Sheriff's Department requires additional funds above
the $50,000, Sheriff staff can submit a request and City staff will work with them
and bring back an item for Council approval.
Fiscal Impact:
The FY12 available fund balance in the Sheriff Drug Seizure Fund is $59,742.
Appropriating $50,000 will leave this fund with $9,742 in fund balance.
Coordinated With:
City Attorney
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
APPROVING AN ALLOCATION OF $50,000 TO FUND THE LA COUNTY
SHERIFF'S ANTI -CRUISING AND LOUD NOISE ENFORCEMENT AND TO
APPROPRIATE $50,000 FROM THE UNAPPROPRIATED LAW
ENFORCEMENT SEIZURE FUND TO PAY FOR THE COST
WHEREAS, cruising and loud noise remain prevalent problems in the
community; and
WHEREAS, the Los Angeles County Sheriff personnel has exhausted its
funding for cruising and loud noise abatement; and
WHEREAS, there is available funding in the Law Enforcement Seizure
Fund.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Lynwood authorize the
appropriation of $50,000 from the unappropriated Law Enforcement Drug Seizure
Fund.
From Fund: Amount: To Account:
Unappropriated $50,000
Law
Enforcement
Seizure Funds
(Fund 2601)
2601.40.230.62015
Section 2. This resolution shall go into effect immediately upon its
adoption.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 17�h day of January, 2012.
Jim Morton
Mayor
K
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:
Fred Galante
City Attorney
Roger L. Haley
City Manager
APPROVED AS TO CONTENT:
Robert S. Torrez
Assistant City Manager
0
0AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Robert S. Torrez, Assistant City Manager
Lorry Hempe, Budget & Intergovernmental Relattii�ns Mgr. \!" `
Delania G. Whitaker, Administrative Analyst " l/
SUBJECT: Consideration of Towing and Franchise Agreement Extension with
H.P. Automotive & Tow, Inc.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE MAYOR TO EXTEND THE TOWING AND FRANCHISE AGREEMENT WITH H.P.
AUTOMOTIVE & TOW, INC. FOR FIVE YEARS".
Background:
In February 2009, the City entered into a towing and franchise agreement with H.P.
Automotive & Tow, Inc. to provide towing and storage services to the City of Lynwood.
As part of the agreement, H.P. Automotive & Tow, Inc. paid the City $120,000 in upfront
franchise fees for a three-year contract as the City's exclusive tow service provider.
On June 15, 2010, the City amended its agreement with H.P. Automotive and Tow, Inc.
bringing its current rates for towing and services fees comparable to those in other area
cities.
Discussion & Analysis:
The City's towing and franchise agreement with H.P. Automotive & Tow, Inc., is set to
expire February 19, 2012. Pursuant to Section 2 of the Towing and Franchise
Agreement, on or before 90 days prior to the Termination Date, the Operator and City
shall meet to discuss the Agreement and its possible extension and or modification.
115
Revenues Received from H.P. Automotive & Tow, Inc.
Since the adoption of the Agreement from February 2009 to date, the City received
$179,477 in revenues or $59,826 per year. H.P. Automotive & Tow, Inc. has towed
1,827 vehicles on behalf of the City since the inception of the 2009 Agreement.
REVENUES RECEIVED FROM H.P. AUTOMOTIVE & TOW, INC. (2009-2012) (BASED ON 1,827 TOWS)
TOTAL REVENUE
(FRANCHISE FEE +
GROSS RECEIPTS+
GROSS RECEIPTS FEE @ ADMIN FEE/OTHER ADMIN FEE/OTHER
FRANCHISE FEE 22% FEES FEES
3 YEAR AGREEMENT
$120,000 $50,617 $8,860 $179,477
PER YEAR AVERAGE
$40,000 $16,872 $2,953 $59,825
Proposal from H.P. Automotive & Tow. Inc.
H.P. Automotive & Tow, Inc. has submitted a request to extend its current agreement
with City of Lynwood for an additional five years, with one five-year option to renew. The
current contract specifies as follows: "On or before ninety (90) days prior to the
Termination Date, Operator and City shall meet to discuss this Agreement and its
possible extension and or modification. In the event the Parties do not enter into a new
agreement prior to the Termination Date, this Agreement shall continue on a month-to-
month basis under the same terms for a period not to exceed three months following the
Termination Date." The proposed terms of the new agreement include:
• Increase payment of gross receipts fees to the City for any tows generated for
Lynwood from 22% to 25% for the first 150 City generated towed/impounded
vehicles per month. City generated tows may include tows directed by the
Sheriffs Department or any other agencies authorized by the City.
• Pay the City a fee of 35% of its gross receipts for each vehicle in excess of the
initial 150 vehicles towed/impounded.
• Increase current release fee from $5 to $10 payable to the City for each
authorized release to a vehicle's legal or registered owner, of a City generated
tow/impound.
• Establish a $10 fee for each unclaimed vehicle to be payable to the City.
The following analysis estimates revenues that can be generated from H.P. Automotive
& Tow, Inc's proposal.
2
ESTIMATED REVENUES BASED ON A PROPOSED 5 YEAR AGREEMENT (2012-2017)
(50 TOWS PER MONTH)
TOTAL REVENUE
(FRANCHISE FEE +
GROSS RECEIPTS FEE ADMIN FEEIOTHER
GROSS RECEIPTS+
FRANCHISE FEE
25% FEES
5 YEAR AGREEMENT
ADMIN FEE/OTHER FEES
$0
$120,000 $30,000
$150,000
The above calculations do not include the vendor paying another upfront franchise fee.
If the City maintains the same average number of tows per month and per year, adding
five years to the 3 -year agreement will spread the $120,000 franchise fees over an eight
year period. The revised per year average is reduced.
H.P. Automotive & Tows also proposes to increase the fee based on towing more than
150 vehicles per month from the proposed 22% to 35%. The City averages 50 tows per
month. It would be difficult to reach the 150 vehicles towed per month to realize the
additional payment to the City of 35% of gross receipts.
Competing Proposal
To compare the H.P. Automotive & Tow's proposal against others, the City requested
proposals from Towwerks, LLC dba Viertels Central Division and AI's Towing. The
revenue the City will potentially gain with H.P. Automotive & Tow, Inc.'s proposed fee
increases outweighs proposals received from the other two tow service companies.
Towwerks, LLC proposed paying the City a gross receipt fee of 20% on all towing,
storage, lien processing and related services including revenue collected from lien sale
of vehicles. AI's Towing is willing to remit 12% of all gross receipts to the City of
Lynwood as a result of their activities, including but not limited to revenues generated
from towing, storage, sale of lien sale vehicles, and sale of forfeited vehicles.
It is unclear how much of gross receipts are generated from lien sales. According to
H.P. Automotive & Tows, they hardly profit from lien sales and the $10 per vehicle
release is their version of payment to the City on lien sales.
3
Even though H.P. Automotive & Tow, Inc. is not proposing an upfront franchise payment
for the extension of their contract, the City will generate more revenue from H.P.
Automotive & Tow, Inc. proposal than the competing proposals based on the
percentage share of gross receipts.
If Council opts not to extend the contract with H.P. Automotive & Tow, Inc., the City
would need for the current contract to go month-to-month until staff prepares for and
completes the Request for Proposal (RFP) process for a new vendor. However does not
recommend an RFP. H.P. Tow's performance has been satisfactory. The level of
revenue generated is predicated on the number of tows requested by the City and the
Sheriff.
Fiscal Impact:
The total estimated revenue from H.P. Automotive & Tow Service, Inc. under the new
proposed terms of the contract extension and based on the assumption that 50 vehicles
will be towed per month is $45,000 per year.
Coordinated With:
City Attorney's Office
rd
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXTEND THE TOWING AND FRANCHISE
AGREEMENT WITH H.P. AUTOMOTIVE & TOW, INC. FOR FIVE YEARS
WHEREAS, in February 2009, the City entered into a towing and franchise
agreement with H.P. Automotive & Tow, Inc. to provide towing and storage services to
the City of Lynwood; and
WHEREAS, The City's towing and franchise agreement with H.P. Automotive &
Tow, Inc., is set to expire February 19, 2012; and
WHEREAS, H.P. Automotive & Tow, Inc. has submitted a request to extend its
current agreement with City of Lynwood for an additional five years, with one five year
option to renew; and
WHEREAS, H.P. Automotive & Tow, Inc. proposed terms of the new agreement
include increase payment of gross receipts to the City -for any tows generated for
Lynwood- from 22% to 25% for the first 150 City generated towed/impounded vehicles
per month; Pay the City a fee of 35% of its gross receipts for each vehicle in excess of
the initial 150 vehicles towed/impounded; Increase current release fee from $5 to $10
payable to the City for each authorized release to a vehicle's legal or registered owner,
of a City generate tow/impound; and Establish a $10 fee for each unclaimed vehicle to
be payable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE AND DETERMINE AS FOLLOWS:
Section 1. That the City Council approves the extension of the towing and
franchise agreement with H.P. Automotive & Tow Service, Inc. to provide towing
services to the City of Lynwood.
Section 2. The Mayor is authorized to execute a five-year agreement extension
with H.P. Automotive & Tow Service, Inc. approved as to form by the City Attorney.
Section 3. This resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this day of 12012.
Jim Morton
Mayor
E
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM:
Fred Galante
City Attorney
Roger L. Haley
City Manager
APPROVED AS TO CONTENT:
Robert S. Torrez
Assistant City Manager
0
H.P. AUTOMOTIVE & TOW, INC.
November 25. 2011
POLICE IMPOUND & STORAGE SERVICE
Light • Medium • Heavy
Mr. Roger L. Haley, City Manager
Honorable Mayor and Members of the City Council
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
RE: Request for Towing and Franchise Agreement Extension
Dear Mr. Haley:
It is with great pleasure that H.P. Automotive & Tow, Inc. (hereafter "H.P. Tow')
provides the towing and storage services for the City of Lynwood (hereafter "City"). We
are proud of our relationship with the City and we look forward to many more years in
this relationship of quality services.
On February 19, 2009, H.P. Tow and the City first entered into the Towing and
Franchise Agreement and as set forth in that agreement, H.P. tow has fully performed
all of its requirements and obligations per the agreement. H.P. Tow has made
Franchise Fee payments to the City in the amount of $120,000.00 and has also made
payments to the City of approximately $40,000 to $50,000 in additional tow/impound
percentage fees. We are very thankful for our opportunity to serve the City and our goal
and commitment is to continue to provide our high quality of services to the City.
Pursuant to Section 2 of the Towing and Franchise agreement, we are hereby
submitting our formal request for an extension of this agreement for an additional Five
(5) year term, with one ( 5 ) year option to renew. In seeking to enhance the services
and benefits we provide to the City, we are hereby also proposing the following
amendments and or modifications to the current Agreement terms:
1) Additional Franchise Fees:
a) The current Franchise Fee payable to the City is Twenty -Two percent (22%) of
H.P. Tow's gross receipts for each City generated tow/impounds. We are
proposing to increase this fee to Twenty -Five percent (25%) of H.P. Tow's gross
receipts for each of the first One Hundred and Fifty (150) City generated
Page 1 of 2
7300 Roseberry Ave. • Huntington Park, CA 90255 • Tel: 323.583.1831 • Fax: 323.583.3322
H.P. AUTOMOTIVE & TOW, INC.
POLICE IMPOUND & STORAGE SERVICE
Light • Medium • Heavy
Tow/impound vehicles. (per month) Any City Generated tow/impound above the
first 150 vehicles,( per month ) H.P. Tow shall pay to City a fee to Thirty -Five
percent (35%) of its gross receipts for each vehicle in excess of the initial 150
vehicles which are from City generated tow/impounds. This also, includes Los
Angeles County Sheriff Department, Parking Enforcement, Code Enforcement
and any other special agencies Authorize tows in the city of Lynwood.
b) The Current Release Fee payable to the City is Five Dollars ($5), payable to the
City, for each authorized release to a vehicle's legal or registered owner, of a City
generated tow/impound. We are proposing to increase this fee to Ten Dollars
($10) to be payable to the City for each authorized release to a vehicle's legal or
registered owner, of a City generated tow/impound.
c) There is currently no fee to the City for Unclaimed Vehicles. We are proposing a
Ten Dollar ($10) fee, per each unclaimed vehicle, to be payable to the City.
2) Additional Services:
H.P. Tow shall provide City with its services, at no charge to City, for all of its
"City Owned Vehicles", within a 50 mile radius of City. ( Some of the services
include: tow, battery jump starts, tire change, emergency fuel, lockout, etc.)
We thank you in advance for your consideration and approval of this request for
extension of our Agreement and we look forward to many more years of service to the
City of Lynwood and its residents. Should you have any questions or concerns
regarding this matter or any other matter, as always, please feel free to call me.
Sincerely,
Jimm�hu
President, C.E.O
Page 2 of 2
7300 Roseberry Ave. • Huntington Park, CA 90255 - Tel: 323.583.1831 • Fax: 323.583.3322
r
T\
o AGENDA
STAFF REO
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Robert S. Torrez, Assistant City Manag
Deborah Barrios, Accounting Technici
SUBJECT: Purchases and Service Agreements Executed under the City
Manager's $15,000 Purchasing Authority for the period of
January 1 thru June 30, 2011
Recommendation:
Staff recommends that the City Council receive and file this report.
Background:
The City of Lynwood's Purchasing Procedures (established by Ordinance No.
1571) gives the City Manager (the City's Purchasing Officer) authority to sign on
behalf of the City of Lynwood, all purchase orders and/or contracts for procuring
supplies, equipment, routine services and professional services which do not
exceed a total of Fifteen Thousand Dollars ($15,000.00).
Discussion & Analysis:
Per the Purchasing Procedures (Ordinance No. 1571, section 6-3.11, a -b) the
City Manager must prepare and submit a report on a semi-annual basis, to the
City Council. This report shall account for all purchases of supplies, equipment
or routine services and all contracts for professional services exceeding Five
Thousand Dollars ($5,000.00) which were made without prior City Council
approval during the preceding six months.
Attachment "A" provides a listing of purchases of supplies, equipment or routine
services and contracts over $5,000, but not exceeding $15,000, which were
executed during the period of January 1, 2011 through June 30, 2011. This
report includes:
ITEM
/9
• Description of Purchase
• Requesting Department
• Vendor Name
• Amounts Paid
Fiscal Impact:
All purchases are within the budgeted amount for each department.
Coordinated With:
City Manager's Office
City Attorney's Office
All City Departments
Attachment:
"A" — List of purchases for supplies, equipment, services and contracts totaling
over $5,000.
2
Vendor Name
- Check # '' Check Date
Description
Amount
Department
ADDISON ROAD SERVICE
166721
4/19/2011
Tire and axle repairs
$1,640.00
165819
1/18/2011
Tire and axle repairs
$425.00
168036
6/30/2011
Tire and axle repairs
$505.00
166095
2/15/2011
Tire and axle repairs
$135.00
165945
2/1/2011
Tire and axle repairs
$425.00
165672
1/4/2011
Tire and axle repairs
$845.00
167399
6/21/2011
Tire and axle repairs
$340.00
167551
7/5/2011
Tire and axle repairs
$165.00
167112
5/17/2011
Tire and axle repairs
$355.00
167238
6/7/2011
Tire and axle repairs
$1,630.00
Vendor Total
$6,465.0011
PUBLIC WORKS
ADVANTAGE MAILING INC.
166538
4/5/2011
Community Event Brochures
$5,302.64T—
5,302.64Vendor
VendorTotal
$5,302.64
RECREATION
ALTEC INDUSTRIES, INC
166728
4/19/2011
Repair of Aerial Lift
$6,357.82
Vendor Total
$6,357.821
PUBLIC WORKS
AMERICAN COMM CABLE EQUIP.
166729
4/19/2011
Fiber Optic Line to Annex Module
$2,249.17
166913
5/3/2011
Voice & Data Wiring of Annex
$3,101.64
167116
5/17/2011
Voice Wiring-City Hall,Batemen
$5,691.12
Vendor Total
$11,041.93
MIS
APPLEONE EMPLOYMENT SVCS.
165825
1/18/2011
Temporary Office Help
$2,527.34
166401
3/15/2011
Temporary Office Help
$708.60
166103
2/15/2011
Temporary Office Help
$2,810.78
165952
2/1/2011
Temporary Office Help
$944.80
167088
4/28/2011
Temporary Office Help
$1,653.40
166259
3/1/2011
Temporary Office Help
$1,724.26
Vendor Total
$10,369.181
DEV.SVCS.
SO.CA ASSOC.OF GOVERNMENTS
165680
1/4/2011
Membership Dues
$5,678.00
CITY MGR.
Vendor Total
$5,678.00
BUSINESS NETWORK SOLUTIONS
167124
5/17/2011
PW Yard Data/Voice Wiring
$5,707.00
167662
6/30/2011
Cabling
$218.00
Vendor Total
$5,925.00
MIS
BYERS AND BUTLER
167778
6/30/2011
Repairs
$600.00
166548
4/5/2011
Materials
$192.06
167251
6/7/2011
Materials
$107.00
167415
6/21/2011
Repair of Automotive Gates
$7,080.99
167125
5/17/2011
Parts
$7,980.05
Vendor Total
$15,960.10
PUBLIC WORKS
CARSON SUPPLY CO. INC.
165831
1/18/2011
Irrigation System Materials &
$500.36
166412
3/15/2011
Irrigation System Materials &
$1,008.79
166113
2/15/2011
Irrigation Equipment
$2,493.96
165960
2/1/2011
Irrigation System Materials &
$193.16
165692
1 1/4/2011
Irrigation System Materials &
$206.33
166551
4/5/2011
Irrigation System Materials &
$578.63
167562
7/5/2011
Irrigation Equipment
$1,033.24
167253
6/7/2011
Irrigation System Materials &
$309.89
167417
6/21/2011
Irrigation System Materials &
$624.96
167127
5/17/2011
Irrigation System Materials &
$383.58
167668
6/30/2011
Irrigation System Materials &
$378.28
Vendor Total
$7,711.18
PUBLIC WORKS
CDW GOVERNMENT
1679061
6130/2011
Programs &License
$1,437.96
168051
6/30/2011
Power Saving Back up
$1,606.21
166415
3/15/2011
Computer Supplies
$379.75
1229053'2011
Computer Supplies
$72.02
166552
4/5/2011
PW Laptops & Supplies
$3,291.64
Page 1
Vendor Name
+ Check#
Check Date
Description
Amount
Departments
167254
6/7/2011
Laptops with Office 2010
$2,132.32
167128
5/17/2011
Programs & License
$1,955.25
168225
6/30/2011
Computer Supplies
$240.36
167669
6/30/2011
Computer Supplies
$515.62
Vendor Total
$11,631.13
MIS
CENTURY RADIATORS
166739
4/19/2011
Radiator, Wtr Pump & A/C Repairs
$1,376.19
165832
1/18/2011
Radiator, Wtr Pump & A/C Repairs
$788.66
167907
6/30/2011
Radiator Repair
$408.67
168027
6/30/2011
Radiator, Wtr Pump & A/C Repairs
$3,183.50
165961
2/1/2011
Radiator Repair
$62.00
-
165694
1/4/2011
Radiator, Wtr Pump & A/C Repairs
$1,806.70
166262
3/1/2011
Radiator Repair$t0NO
167563
6/30/2011
Radiator Repair
$528.39
167256
6/7/2011
Radiator, Wtr Pump & A/C Repairsl
$1,498.81
167130
5/17/2011
Radiator Repair
$389.14
Vendor Total
$10,142.06
PUBLIC WORKS
CITY OF SIGNAL HILL
166936
5/3/2011
Dues - Coalition for Practical
$5,000.00
Vendor Total
$5,000.00
PUBLIC WORKS
CLINICAL LAB OF SAN BERNARDINO
166938
5/3/2011
Water Bacteria Sampling
$711.00
165697
1/4/2011
Water Bacteria Sampling
$774.00
167673
6/30/2011
Water Bacteria Sampling
$701.00
167783
6/30/2011
Water Bacteria Sampling
$1,034.00
166556
4/5/2011
Water Bacteria Sampling
$600.00
166120
2/15/2011
Water Bacteria Sampling
$597.00
166264
3/1/2011
Water Bacteria Sampling
$1,6511.50
167423
6121/2011
Water Bacteria Sampling
$1,559.50
Vendor Total
$7,627.001
PUBLIC WORKS
COMMUNE, INC.
166559
4/5/2011
Radio Equipment for Parking
$5,128.18
FINANCE
Vendor Total
$5,128.18
CT&F
167264
6/7/2011
Traffce Signal Repair
$14,500.00
Vendor Total
$14,500.00
PUBLIC WORKS
D3.EOUIPMENT
167913
6/3012011
Maint.& Repair Skip Loader#35
$10,431.24
Vendor Total
$10,431.24
PUBLIC WORKS
DAILY JOURNAL CORPORATION
166751
4/19/2011
Advertising Services
$352.80
165707
1/4/2011
Advertising Services
$886.20
165837
1/18/2011
Advertising Services
$50.40
167914
6/30/2011
Advertising Services
$297.47
1078
6/30/2011
Advertising Services
$792.18
40
6/30/2011
Advertising Services
$336.00
166270
3/1/2011
Advertising Services
$1,192.80
166424
3115/2011
Advertising Services
$483.00
165971
2/1/2011
Advertising Services
$2,201.78
166948
5/3/2011
Advertising Services
$1,012.20
16
5/3/2011
Advertising Services
$886.32
167677
6/3012011
Advertising Services
$3,277.80
167858
6/30/2011
Advertising Services
$285.60
167786
6/30/2011
Advertising Services
$1,064.18
166568
4/5/2011
Advertising Services
$42.00
166128
2/15/2011
Advertising Services
$319.20
9156
2/15/2011
Advertising Services
$512.40
167431
6/21/2011
Advertising Services
$994.37
167568
7/5/2011
Advertising Services
$764.83
167267
167136
1062
617/2011
5/1712011
6/30/2011
Advertising Services
Advertising Services
Advertising Services
$949.20
$3,422.23
$529.20
Vendor Total
$20,652.16"VARIOUS
Page 2
Vendor Name
Cheek #
Check Date
Description
Amount
Department
DESIRABLE IMAGING
165714
1/4/2011
Toner & Cartridges
$2,080.66
165839
1/18/2011
Toner & Cartridges
$2,737.10
166428
3/15/2011
Toner & Cartridges
$2,737.10
167271
6/7/2011
Toner & Cartridges
$1,281.62
Vendor Total
$8,836.48
PUBLIC WORKS
DUNCAN SOLUTIONS
167790
6/30/2011
Parking Printing for AutoCites
$6,966.42
FINANCE
(Agreement Signed by the City Manager)
Vendor Total
$6,966.42
FRAZEE INDUSTRIES, INC.
165724
1/4/2011
Versa Text Paint for Graffiti
$197.95
165848
1/18/2011
Versa Text Paint for Graffiti
$2,083.23
166438
3/15/2011
Versa Text Paint for Graffiti
$884.15
166439
3/15/2011
Versa Text Paint for Graffiti
$297.98
166137
2/15/2011
Versa Text Paint for Graffiti
$412.66
167444
6/21/2011
Versa Text Paint for Graffiti
$224.25
167276
6/7/2011
Versa Text Paint for Graffiti$919.60
167145
5/17/2011
Versa Text Paint for Graffiti
$5,424.07
Vendor Total
$10,443.891
PUBLIC WORKS
GOVPLACE
166769
4/19/2011
Network Switches for Voip System
$10,065.01
167921
6/30/2011
Network Switches for Voip System
$3,616.14
Vendor Total
$13,681.15
MIS
GRAINGER, INC.
165729
1/4/2011
Materials, Tools and supplies
$1,101.56
165852
1/18/2011
Materials, Tools and supplies
$803.43
168059
6/30/2011
Materials, Tools and supplies
$25.63
166443
3/15/2011
Materials, Tools and supplies
$420.38
165988
2/1/2011
Materials, Tools and supplies
$863.29
166141
2/15/2011
Materials, Tools and supplies
$2,884.84
166588
4/5/2011
Materials, Tools and supplies
$38.17
166972
5/3/2011
Materials, Tools and supplies
$1,357.84
167581
6/30/2011
Materials, Tools and supplies
$326.79
167282
6/7/2011
Materials, Tools and supplies
$661.39
167153
5/17/2011
Materials, Tools and supplies
$726.01
Vendor Total
$9,209.33
PUBLIC WORKS
HANSON LORAN CO.
165730
1/4/2011
Sanitary Supplies
$328.48
167923
6/30/2011
Sanitary Supplies
$501.50
166282
3/1/2011
Sanitary Supplies
$516.18
166446
3/15/2011
Sanitary Supplies
$1,978.46
166590
4/5/2011
Sanitary Supplies
$1,439.70
166973
1 5/3/2011
Sanitary Supplies
$345.00
167583
6/30/2011
Sanitary Supplies$1,379.78
167284
6/7/2011
Sanitary Supplies
$1,882.33
Vendor Total
$8,371.43
PUBLIC WORKS
HILLYARD-LOS ANGELES
165732
1/4/2011
Sanitary Supplies
$400.53
166448
3/15/2011
Sanitary Supplies
$23.82
165991
2/1/2011
Sanitary Supplies
$2,751.36
165855
1/18/2011
Sanitary Supplies
$1,253.00
167690
6/30/2011
Sanitary Supplies
$3,483.10
166148
2/15/2011
Sanitary Supplies
$2,761.13
167584
6/30/2011
Sanitary Supplies
$1,969.27
167286
6/7/2011
Sanitary Supplies
$4,661.77
167159
5/17/2011
Sanitary Supplies
$3,075. 95
168213
6/30/2011
Sanitary Supplies
$741.63
Vendor Total
$21,121.561
PUBLIC WORKS
IDEAL LIGHTING SUPPLY, INC.
165734
1/4/2011
Materials & Equipment
$358.88
166289
3/1/2011
Materials &Equipment
$1,437.73
165994
2/1/2011
Materials & Equipment
$121.16
165859
1/18/2011
Materials & Equipment
$469.05
Page 3
Vendor Name
Check #
Check Date
Description
Amount
Department
167692
6/30/2011
Materials & Equipment
$161.11
167800
6/30/2011
Materials & Equipment
$942.06
166599
4/5/2011
Materials & Equipment
$499.36
166983
5/3/2011
Materials & Equipment
$8,184.06
167289
6/712011
Materials & Equipment
$203.48
167162
5/17/2011
Materials & Equipment
$74.96
Vendor Total
$12,451.85
PUBLIC WORKS
IDR ENVIRONMENTAL SERVICES
165735
1/4/2011
Hazardous Material Disposal
$2,060.00
168063
6/30/2011
Hazardous Material Disposal
$297.00
165995
2/1/2011
Hazardous Material Disposal
$1,496.83
165860
1/18/2011
Hazardous Material Disposal
$500.00
167589
6/30/2011
Hazardous Material Disposal
$7,162.59
Vendor Total
$11,516.42
PUBLIC WORKS
INFOTEL DISTRIBUTION
166773
4/19/2011
Color Printer & Monitors (2)
$877.88
165736
1/4/2011
Laptops for Publis Works (4)
$1,292.64
166290
3/1/2011
Computer Parts
$1,365.42
165997
2/1/2011
Network Swilh
$6,078.15
166601
4/5/2011
Computer & Monitor
$960.33
166985
5/3/2011
Computers for Public Works (3)
$1,737.00
Vendor Total
$12,311.42
MIS
J & A EXPRESS
165998
2/1/2011
Well Motors Repair Service
$6,912.07
167293
6/7/2011
lWell Motors Repair Service
$1,833.00
Vendor Total
$8,745.07
PUBLIC WORKS
J & G GRAPHICS
166775
4/19/2011
Various Printing Service
$1,116.32
165738
1/4/2011
Various Printing Service
$363.83
166292
3/1/2011
Various Printing Service
$1,441.92
165999
2/1/2011
Various Printing Service
$149.51
165863
1/18/2011
Various Printing Service
$1,119.68
167695
6/30/2011
Various Printing Service
$358.03
167751
6/30/2011
Various Printing Service
$3,712.57
167801
6/30/2011
Various Printing Service
$82.31
166455
3/15/2011
Various Printing Service
$1,187.44
166152
2/15/2011
Various Printing Service
$412.11
166603
4/5/2011
Various Printing Service
$737.07
166987
5/3/2011
Various Printing Service
$1,070.10
167464
6/21/2011
Various Printing Service
$718,86
167590
7/5/2011
Various Printing Service
$479.96
167294
6/7/2011
Various Printing Service
$495.08
1051
6/30/2011
Various Printing Service
$639.02
Vendor Total
$31,573.95
VARIOUS
JAM SERVICES
166777
4/19/2011
Flashing Traffic Beacons (6)
$14,157.75
PUBLIC WORKS
Vendor Total
$14,157.75
KOHLER & SONS
166156
2/15/2011
Water & Sewer Connections
$4,660.00
167299
6/7/2011
Sewer & Water L:ines
$1,290.00
167165
5/17/2011
Replace PVC
$3,675.00
Vendor Total
$9,625.001 1
PUBLICWORKS
M & L TIRES, INC.
165747
1/4/2011
Various Vehicle Repairs
$1,598.44
166304
3/1/2011
Various Vehicle Repairs
$302.98
166008
2/1/2011
Various Vehicle Repairs
$1,445.92
166894
4/19/2011
Various Vehicle Repairs
$1,081.23
165873
1/18/2011
Various Vehicle Repairs
$2,331.68
166165
2/15/2011
Various Vehicle Repairs
$142.30
167475
6/21/2011
Various Vehicle Repairs
$44.86
167371
5/25/2011
Various Vehicle Repairs
$6,108.99
167176
5/17/2011
Various Vehicle Repairs
$1,588.09
167222
1 5/17/2011
Various Vehicle Repairs
$3,883.66
Page 4
Vendor Name
- Check #
Check Date
Description
Amount
Department
168073
6/30/2011
Various Vehicle Repairs
$129.55
Vendor Total
$18,657.70
PUBLIC WORKS
MAIN STREET SIGNS
166794
4/19/2011
Street Signs & Barricades
$1,108.48
167933
6/30/2011
Street Signs & Barricades
$1,986.59
166305
3/1/2011
Street Signs & Barricades
$208.53
165876
1/18/2011
Street Signs & Barricades
$3,436.77
166463
3/15/2011
Street Signs & Barricades
$4,987.81
167595
6/30/2011
Street Signs & Barricades
$1,467.36
167307
6/7/2011
Street Signs & Barricades
$340.23
168216
6/30/2011
Street Signs & Barricades
$203.04
Vendor Total
$13,738.81
PUBLIC WORKS
MAYNOR, DONALD H.
167809
6/30/2011
UUT Audit Legal Fees - 3rd Qtr.
$2,721.58
167479
6/21/2011
UUT Audit Legal Fees - 4th Qtr.
$2,721.58
Vendor Total
$5,443.16
FINANCE
MCCAIN, INC.
165754
1/4/2011
Traffic Control Cabinets
$13,986.53
166307
3/1/2011
Materials for Traffic Signals
$9,745.80
167012
5/3/2011
Materials for Traffic Signals
$5,252.24
Vendor Total
$28,984.57
PUBLIC WORKS
MONJARAS & WISMEYER GROUP,INC.
165757
1/4/2011
Special Investigation Service
$2,746.00
167938
6/30/2011
Professional Services
$616.78
166010
2/1/2011
Special Investigation Service
$2,513.00
Vendor Total
$5,875.78
HUM. RES.
MONTES GARDEN SERVICE
166308
3/1/2011
Residential Property Clean-up
$650.00
167709
6/30/2011
Residential Property Clean-up
$4,050.00
166171
2/15/2011
Residential Property Clean-up
$325.00
166619
4/5/2011
Residential Property Clean-up
$1,200.00
167314
6/7/2011
Residential Property Clean-up
$1,600.00
Vendor Total
$7,825.00
DEV. SVCS.
MUNI TEMPS
167887
6/30/2011
Temporary Employment Services
$6,210.00
(Agreement Signed by the City Manager)
167484
6/21/2011
Temporary Employment Services
$1,840.00
167599
6/30/2011
Temporary Employment Services
$2,760.00
167394
6/9/2011
Temporary Employment Services
$2,990.00
Vendor Total
$13,800.00
DEV.SVCS.
NATIONAL CONSTRUCTION RENTALS
167016
5/3/2011
Equipment Rental
$1,159.75
167710
7/19/2011
Equipment Rental
$1,836.47
166469
3/15/2011
Tempory Fence
$350.00
167488
6/21/2011
Equipment Rental
$1,288.47
167182
5/17/2011
Equipment Rental
$1,877.98
Vendor Total
$6,514.67L
PUBLIC WORKS
OBERON APPELL..LLC
166013
167814
2/112011
8/2/2011
Eden Consulting Service
Eden Consulting Service
$3.335.15
$2,299.60
Vendor Total
$5,634.75
FINANCE
OFF..ICE DEPOT
166805
167020
4/19/2011
5/3/2011
Various_Office_Suoolies
Various Office Supplies
$324.50
$4,966.47
165880
1/18/2011
Various Office Supplies
$93.70
167712
7/19/2011
Various Office Supplies
$428.13
167816
8/2/2011
Various Office Supplies
$4,374.13
166471
3/15/2011
Various Office Supplies
$446.21
166175
1 2/15/2011
Various Office Supplies
$1,036.96
166623
4/5/2011
Various Office Supplies
$135.37
167492
6/21/2011
Various Office Supplies
$791.51
167602
7/5/2011
Various Office Supplies
$415.45
167320
6/712011
Various Office Supplies
$200.75
167183
5/17/2011
Various Office Supplies
$604.371
1
Page 5
Vendor Name
Check#
Check Date
Description
Amount
Department
168079
9/6/2011
Various Office Supplies
$107.51
Vendor Total
$13,925.061
VARIOUS
P_C_MALL GOV
166809
166320
4/190011
3/1/2011
Desk Top Computers
Computer Parts
____$Z.932,5(
$102.90
167716
7/19/2011
24 Port Network Switch
$4,418.05
Vendor Total
$12,453.45
MIS
PRIN.T.CO
166815
165764
4/19/_2011
1/4/2011
-arae Formal Printinq
Copies of Plans
$987.75
$75.73
166326
3/1/2011
Large Format Printing
$392.37
166018
2/1/2011
Copies of Plans
$1,160.61
167029
5/3/2011
Copies of Plans
$419.10
167030
5/3/2011
Printing Service
$21.00
166482
3/15/2011
Printing Service
$120.18
166240
2/16/2011
Copies of Plans
$1,872.61
166628
4/5/2011
Copies of Plans
$130.05
167502
6/21/2011
Materials for Signs
$367.66
167189
5/17/2011
Copies of Plans
$539.69
168086
9/6/2011
Large Format Printing
$199.21
Vendor Total
$6,285.913
PUBLIC WORKS
RcTEK SERVICES
165771
1/412011
Stenclinq of City_Water Wells_1
Vendor Total
$10.830.00
$10,830.00
PUBLIC WORKS
RISO..INC.
166820
165769
4119/2011
1/4/2011
Copier Lease Pavments
Copier Lease Payment
$1810.14
$649.60
165891
1/18/2011
Copier Lease Payments
$2,560.70
166485
3/15/2011
Copier Lease Payment
$649.60
166193
2/15/2011
Copier Lease Payment
$786.61
167193
5/17/2011
Copier Lease Payment
$649.60
168219
9/6/2011
Copier Lease Payments
$1,299.20
Vendor Total
$8,405.45
VARIOUS
ROADLINE
167506
167612
6/21/2011
7/5/2011
Equipment Rentals
Paint
$1.895.41
$4,472.31
167194
5/17/2011
Equipment Rental
$626.89
Vendor Total
$6,994.611
PUBLIC WORKS
ROYAL.WHOLESALE.ELECTRIC
166331
166487
3/1/2011
3/15/2011
Electrical Slarterfor Wellytl
Materials
$6,956,83
$956.90
Vendor Total
$7,913.73
PUBLIC WORKS
S.B.J SUPPLY_CO.
16577
166025
1/4/2011
2/1/2011
Fire,Hvdrant5
Water Meter Boxes
—$6,976,T5
$657.62
167036
5/3/2011
Materials
$79.02
165893
1/18/2011
Materials
$27.00
167727
7/19/2011
Materials
$43.90
166194
2/15/2011
Materials
$269.88
166634
4/5/2011
Water Vault 8 Materials
$1,288.80
167507
6/21/2011
Materials
$1,222.62
167198
5/17/2011
Materials
$127.31
Vendor Total
$10,692.901
1 PUBLIC WORKS
Page 6
Vendor Name Check # Check Date Description Amount
ES..INC, 670.42 5/3/?011 Soloar Powered Red Flashlna_ 524.20
J.S. POSTMASTER
87869 8/4/2011
66377
2123/2011
66228
2/8/2011
66859
4/13/2011
67232
5/19/2011
7/19/2011
3/15/2011
2/15/2011
4/19/2011
1/4/2011
3/16/2011
3/1/2011
1
160 2/15/2011
66644
4/5/2011
67515
6/21/2011
67338
6/7/2011
67206
5/17/2011
68096
9/6/2011
67617
7/5/2011
67209 5/17/201
66229 2/8/2011
67104 5/5/2011
Phone Service
for Street Repairs
ting & Office Supplies
ting & Office Supplies
ting & Office Supplies
ting & Office Supplies
ting & Office Supplies
ting & Office Supplies
ting & Office Supplies
Vendor Total
Vendor Total
1e - Lynwood N'
for Total
n5 -
for
for Parade & Si(
Controls & Paint
i Remover & Cha
Cones
Vendor Total
Page 7
$2,
$4,822.31
PUBLIC WORKS I
Vendor Name
Check #
Check Date
Description
Amount
Department
WALKER..BERTHA.A.
165788
167953
1/412011
8/16/2011
Aerobic Instructor
Aerobic Instructor
$1_321.60
$2,108.80
166040
2/1/2011
Aerobic Instructor
$572.80
167057
5/3/2011
Aerobic Instructor
$1,500.80
166654
4/5/2011
Aerobic Instructor
$3,260.80
167345
8/7/2011
Aerobic Instructor
$1,840.00
167620
7/5/2011
Aerobic Instructor
$2,329.60
Vendor Total
$12,934.40
RECREATION
WALTERS_WHOLESALE.ELECTRIC CO
166845
167058
4119/2011
5/3/2011
Electrical Materials_& Supplies
Electrical Materials & Supplies
$168.94-
$1,217.92
167740
7/19/2011
Electrical Materials & Supplies
$2,190.62
166499
3/15/2011
Bussman Type Midget Fuses
$6,396.17
166211
2/15/2011
Electrical Materials & Supplies
$2,160.32
166655
4/5/2011
Electrical Materials & Supplies
$73.36
167522
6/21/2011
Electrical Materials & Supplies
$175.60
'
167346
6!7/2011
Electrical Materials & Supplies
$62.19
167833
8/2/2011
Electrical Materials & Supplies
$302.44
Vendor Total
$12,747.56
PUBLIC WORKS
WATERLINE TECHNOLOGIES.INC
165790
166351
1/412011
3/11/2011
Sodium-Hvoochlorite Solution
Sodium Hypochlorite Solution
$1 810.15
$2,287.70
166042
2/1/2011
Sodium Hypochlorite Solution
$1,364.88
165906
1/18/2011
Sodium Hypochlorite Solution
$1,084.16
167741
7/19/2011
Sodium Hypochlorite Solution
$4,178.52
166501
3/15/2011
Sodium Hypochlorite Solution
$1,284.20
166212
2/15/2011
Sodium Hypochlorite Solution
$800.21
166657
4/5/2011
Sodium Hypochlorite Solution
$461.42
167524
6/21/2011
Sodium Hypochlorite Solution
$2,061.85
167348
6x7/2011
Sodium Hypochlorite Solution
$300.08
167349
6/7/2011
Sodium Hypochlorite Solution
$1,890.82
167086
4/28/2011
Sodium Hypochlorite Solution
$6245.82
167212
5/17/2011
Sodium Hypochlorite Solution
$706.64
Vendor Total
$24,476.45
PUBLIC WORKS
WELLS—SUPPLY—CO.—
167061
167526
5/3/2011
6/21/2011
Fire Hydrants
Stright Meter Couplings
$12,595,80
$1,110.89
Vendor Total
$13,706.691
PUBLIC WORKS
Page 8
tYp�pp
°4 '� a AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Mana
PREPARED BY: Robert S. Torrez, Assistant City Manager
Alfredo J. Lopez III, Director of Human Resource
Diane Strickfaden, Senior Human Resources AnaA
SUBJECT: Resolution Fixing the City of Lynwood's Employer Health
Insurance Contributions Under the Public Employees'
Medical and Hospital Care Act ("PEHMCA")
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FIXING
THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT."
Background:
The City has an agreement with the California Public Employees' Retirement
System (CaIPERS) for health benefits that began on October 1, 1988. This
agreement applies to active and retired employees.
Under the Public Employees' Medical and Hospital Care Act ("PEMHCA"),
CaIPERS requires public agencies to update resolutions each time an agency
changes its contribution towards employee and retiree health insurance. This
updated resolution is required to make effective the changes to the City's 2012
contribution rates.
Discussion & Analysis:
Lynwood Emoloyees' Association (LEA)
As part of our tiered cost saving health plan, City funding for LEA employees is
as follows: AGENDA
• Employees hired prior to January 1, 2009, the city pays the Kaiser "Other ITEM
Southern California Region"/Kaiser-Orange County family rate. In
20
calendar year 2012, that benefit amount is $1,333.18. This is the amount
the City pays directly to CalPERS on behalf of this group of LEA
employees.
• Employees hired after January 1, 2009, City funding of LEA health
insurance is tied to the family rate of Kaiser -Los Angeles (not Kaiser -
Orange County).
o In addition, for these newer hires, the City funds an amount which
equals 80% of the Kaiser -Los Angeles family rate 2012 premium of
$1,210.64. This is the amount the City pays directly to CalPERS on
behalf of this group of LEA employees.
o New and/or recent hires therefore are required to pay the remaining
20% of their selected plans through payroll deductions.
• Furthermore, employees hired after September 1, 2011 will be.capped at
the calendar year 2011 rate of $1,128.40. This City -paid amount was
capped as part of the recent implementation of the City's last, best and
final offer.
California law under PEMHCA requires the City to remit the minimum legal health
insurance contribution directly to CalPERS. For 2011, that minimum contribution
was $108. For 2012, the minimum contribution is $112.
The City provides the additional benefit which when added to the $112 equals
either the 100% or 80% of the respective family premium rate for Kaiser
coverage, depending upon the employee's hire date.
Management Bargaining Group (MBG)
Per the City-MBU Memorandum of Understanding (MOU), Article XIII,
Employees' Insurance Coverage, the City contributes toward any CalPERS
health insurance plan selected by the full-time employee up to the Kaiser -Los
Angeles family rate. For calendar year 2012, the Kaiser -Los Angeles Area family
rate will be $1,210.64 per month. This is an increase of $82.24 per month over
2011 rates. Although contract negotiations continue for active employees where
the City is attempting to cap City -paid health costs of new hires hired after
January 1, 2012, retired MBG employees will be adjusted according to the 2012
rates in the attached resolution, as their post employment health benefits are
vested.
Fiscal Impact:
Monies for health insurance premiums are budgeted across departments as part
of the current fiscal year budget. There are currently 250 participants including
176 active and 74 retired in City-CaIPERS health insurance programs. The
average percentage increase for calendar year 2012 is 4.1%. However, due to
our tiered health insurance program, the City saves approximately $5,000 per
new hire, per year, or about $50,000 saved on health benefits.
Coordinated With:
Finance and Administration Department
City Attorney's Office
Attachment:
Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WHEREAS, Government Code Section 22892(a) provides that a local
agency contracting under the Public Employees' Medical and Hospital Care Act
shall fix the amount of the employer's contribution at an amount not less than the
amount required under Section 22892(b) of the Act; and
WHEREAS, the City of Lynwood is a local agency contracting under the
Act for participation by members of the bargaining units outlined below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the employer's contribution for each employee or
annuitant shall be the amount necessary to pay the full cost of his/her enrollment,
including the enrollment of his/her family members, in a health benefits plan, plus
administrative fees and Contingency Reserve Fund Assessments, as follows:
"Included in the $1,333.18 or $968.51 per month paid on behalf of LEA employees
depending upon hire date
Section 2. That the City of Lynwood has fully complied with any and all
applicable provisions of Government Code Section 7507 in electing the benefits
set forth above.
Section 3. That the City Clerk shall certify as to the adoption of this
Resolution.
Contribution per
Month
Per Participant or
Code
Bargaining Unit
Annuitant
Difference
2011
2012
01
Lynwood Firefighters'
Association
$400.00
$400.00
N/A
02
Lynwood Management Group
$1,128.40
$1,210.64
$82.24
03
Lynwood City Employees'
Association
$108.00
$112.00'
$3.00
04
Lynwood City Employees'
Association/ Hourly (CalPERS
$108.00"
$112.00"
$3.00
eligible)
"Included in the $1,333.18 or $968.51 per month paid on behalf of LEA employees
depending upon hire date
Section 2. That the City of Lynwood has fully complied with any and all
applicable provisions of Government Code Section 7507 in electing the benefits
set forth above.
Section 3. That the City Clerk shall certify as to the adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 17th day of January, 2012
ATTEST:
Maria Quinonez
City Clerk
APPROVED AS TO FORM
Fred Galante
City Attorney
Jim Morton, Mayor
Roger L. Haley
City Manager
APPROVED AS TO CONTENT:
Alfredo J. Lopez III
Director of Human Resources
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing resolution, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND
HOSPITAL CARE ACT", was duly adopted by the City Council of the City of
Lynwood at a regular meeting held in the City Hall of said City on the day of
, and passed by the following vote:
AYES:
NOES:
ABSENT:
Maria Quinonez
City Clerk
AGENDA
, STAFF REPORT ••
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Fred Galante, City Attorney
SUBJECT: Approval of Landlord's Consent to Assignment for Bulletin Displays'
Lease of Billboard Sites in the City
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE LANDLORD'S CONSENT TO ASSIGNMENT CONCERNING THOSE
BILLBOARD SITES LEASED BY THE CITY OF LYNWOOD TO BILLBOARD
DISPLAYS LLC'S UNDER THAT CERTAIN AGREEMENT FOR LEASE AND
DEVELOPMENT FEES, AS AMENDED, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME".
Background:
On October 21, 2008 and then again on October 5, 2010, the City Council approved
amendments to an Agreement for Lease and Development Fees, which authorized
Bulletin Displays, LLC to install certain billboards in the City of Lynwood. Bulletin
Displays has now obtained the financing for the construction of its signs. The bank
providing the financing, RepublicBankAZ, N.A., requires that Bulletin Displays assign its
interest in those billboard sites to provide collateral for the loan by way of the Landlord's
Consent to Assignment form provided in this agenda.
Discussion & Analysis:
The billboards contemplated in the attached proposed Landlord's Consent to
Assignment are at 4 locations in the City and all along the 105 Freeway. Those
locations are described as Sites #2D, #4, #5, and #10, as described in the Landlord's
Consent to Assignment included with this report. To allow Bulletin Displays to secure a
construction loan for the construction of the those billboards, the lender requires that
Billboard Displays temporarily assign its interests to those billboard sites so that the
AGENDA
ITEM
lender may have adequate security against its loan. Once Billboard Displays repays the
construction loan in full, the assignment of its interest to the lender will be automatically
cancelled.
The terms of the proposed Landlord's Consent to Assignment are typical of such
agreements securitizing construction loans. Other than the temporary assignment of
the billboard sites to secure the loan, the Landlord's Consent to Assignment requires
the lender to abide by the terms of the Agreement for Lease and Development Fees.
Fiscal Impact:
None.
Coordinated With:
City Attorney's Office
Attachment:
Landlord's Consent to Assignment
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING
THE LANDLORD'S CONSENT TO ASSIGNMENT CONCERNING THOSE
BILLBOARD SITES LEASED BY THE CITY OF LYNWOOD TO BILLBOARD
DISPLAYS LLC'S UNDER THAT CERTAIN AGREEMENT FOR LEASE AND
DEVELOPMENT FEES, AS AMENDED, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, on October 21, 2008 and again on October 5, 2010, the City
Council approved amendments to an Agreement for Lease and Development Fees
("Billboard Agreement"), which authorized Bulletin Displays, LLC ("Bulletin Displays") to
install certain billboards in the City of Lynwood. Bulletin Displays has now obtained the
financing for the construction of its signs;
WHEREAS, the bank providing the financing, RepublicBankAZ, N.A., requires
that Bulletin Displays temporarily assign its interest in those billboard sites to provide
collateral for the loan by way of a Landlord's Consent to Assignment; and
WHEREAS, the billboard locations subject to the Landlord's Consent to
Assignment are described as Sites #2D, #4, #5, and #10, as described in the Landlord's
Consent to Assignment; and
WHEREAS, the City Council wishes to approve the temporary assignment,
consistent with the terms of the Billboard Agreement so as to allow Bulletin Displays to
fund and develop the billboards in accordance with such Billboard Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. The City Council hereby approves the Landlord's Consent to
Assignment in a form approved by the City Attorney and authorizes the Mayor to
execute same.
Section 3. This Resolution shall become effective immediately upon its
adoption.
3
PASSED, APPROVED AND ADOPTED this 17th day of January, 2012.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
STATE OF CALIFORNIA }
)SS.
COUNTY OF LOS ANGELES }
Jim Morton, Mayor
Roger L. Haley, City Manager
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
Foregoing Resolution was passed and adopted by the Lynwood City Council at a
regularly scheduled meeting held on the 17th day of January, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
MARIA QUINONEZ, SECRETARY
El
LANDLORD'S CONSENT TO ASSIGNMENT
W
PrtBi
LORD L1atQ .'
M9turitY
loan No
coax tel
UR..
References in the
boxes above ere for Lender's use only and do not limit the applicability of this document to any particular loan or it
Any item above containing "• • •" has been omitted due to text length limitations.
Borrower: BULLETIN DISPLAYS, LLC Lender: RepublicBankAz. N.A.
3127 E. SOUTH STREET, SUITE 8 909 E. Missouri Avenue
LONG BEACH. CA 90805 Phoenix, AZ 86014
THIS LANDLORD'S CONSENT TO ASSIGNMENT Is entered Into among BULLETIN DISPLAYS. LLC I"Sonower"1, whose address is 3127 E.
SOUTH STREET, SUITE B. LONG BEACH, CA 90805; Republic8ankAz, N.A. ("Lender'), whose address Is 909 E. Missouri Avenue, Phoenix,
AZ 85014; and THE CITY OF LYNWOOD ("Landlord"), whose address is 11330 BULLIS ROAD, LYNWOOD. CA 90262. Borrower and Lender
have entered Into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a security interest or other interest In
the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Promises. To induce Lender to extend the Loan
to Borrower against such security Interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and
Borrower as follows.
COLLATERAL DESCRIPTION. The word "Collateral" means certain of Borrower's personal property in which Lender has acquired or will acquire
a security interest, including without limitation the following specific property:
BULLETIN BOARD SITE #2D IAKA 410526 IState Permit #SO7-0322/City Permit #801626) and #10527 (State Permit #OF07-00571City
Permit #BO15261 1 LOCATED AT 2501 E. IMPERIAL HIGHWAY, LYNWOOD, CA, 90262; SITE #4 (AKA #10540 and 010541 IStam Permit
#1307.0300/City Permit.#80152711 LOCATED AT 2500 E. IMPERIAL HIGHWAY, LYNWOOD, CA, 90262; SITE #5 (AKA #10542 and
#10543 IStete Permit #OF07-00531City Permit #8002643 and #801525)) LOCATED AT 2650 E. IMPERIAL HIGHWAY, LYNWOOD, CA,
90262; AND SITE #10 (AKA #10544 (State Pannit #OF07.0055/Clfy Permit #8015281 and #10545 (State Permit #OF07-0058/City
Permit #80152011 LOCATED AT 2751 E. IMPERIAL HIGHWAY, LYNWOOD, CA, 90262; AS INDICATED ON THE AGREEMENT FOR LEASE
AND DEVELOPMENT FEES DATED FEBRUARY 24, 2005 ALONG WITH ALL SUBSEQUENT AMENDMENTS
BORROWER'S ASSIGNMENT OF LEASE. Borrower hereby assigns to Lender all of Borrower's rights in the Lease, as partial security for the
Loan. The parties Intend that this assignment will be a present transfer to Lender of all of Borrower's rights under the Lease, subject to
Borrower's rights to use the Premises and enjoy the benefits of the Lease while not in default on the Loan or Leese. Upon full performance by
Borrower under the Loan, this assignment shell be ended, without the necessity of any further action by any of the parties. This assignment
includes all renewals of and amendments to the Lease or the Loan, until the Loan is paid in full. No amendments may be made to the Lease
without Lender's prior written consent, which shall not be unreasonably withheld or delayed.
CONSENT OF LANDLORD. Landlord consents to the above assignment. If Borrower defaults under the Loan or the Lease, Lender. may reassign
the Lease, and Landlord agrees that Landlord's consent to any such reassignment will not be unreasonably withheld ar delayed. So long as
Lender has not entered the Premises for the purpose of operating a business, Lender will have no liability under the Lease, including without
limitatian Ilebility for rent. Whether or not Lender enters into possession of the Premises for any purpose, Borrower will remain fully liable for all
obligations of Bonower as lessee under the Lease. While Lender is in possession of the Premises, Lender will cause it payments due under the
Lease and attributable to that period of time to be made to Landlord. If Lender later reassigns the Lease or vacates the Premises, Lender will
have no further obligation to Landlord.
LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lender that, to the best of their knowledge, there is no breach or offset
existing under the Lease or under any other agreement between Borrower and Landlord. Landlord agrees not to terminate the Lease, despite
any default by Borrower, without giving Lender written notice of the default and an opportunity to cure the default within a period of sixty 160)
days from the receipt of the notice. If the default is one that cannot reasonably be cured by Lender (such as insolvency, bankruptcy, or other
judicial proceedings against Borrower), then Landlord will not terminate the Lease so long as Landlord receives all sums due under the Leese for
the period during which Lender is in possession of the Premises, or so long as Lender reassigns the Leese to a new lessee reasonably
satisfactory to Landlord.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: This Agreement shag extend to and b'vW
the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. The covenants of Borrower and
Landlord respecting subordination of the claim or claims of Landlord in favor of Lender shall extend to, include, and be enforceable by any
transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shell apply. Lender need act accept this
Agreement in wrhing or otherwise to make it effective. This Agreement shall be governed by and construed in accordance with the laws of the
She ofd' If Landlord is other than an individual, any agent or other person executing this Agreement on behalf of Landlord represents
and/ warrants to Leader that he or she has full power and authority 10 execute this Agreement on Landlord's behalf. Lender shall not be deemed
(� to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. Without notice to Landlord and without
q affecting the validity of this Consent, Lender may do or not do anything It deems appropriate or necessary with respect to the Loan, any obligors
an the Loan, or any Collateral for the Loan; including without limitation extending, renewing, rearranging, or accelerating any of the Loan
sP7] indebtedness.
AMENDMENTS. This Agreemom. together with any Related Documents, conatftutea the entire understanding and agreement of the parties as
Z to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and
➢� signed by the parry or partias sought to be charged or bound by the alteration or amendment.
NO WAIVER BY LENDER. Lender shall act be deemed to have waived any rights under this Agreement unless such waiver is given In writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right shell operate as a waiver of such right or any other
right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand
AAA strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between
Lender and Landlord, shall constitute a waiver of any of Lender's rights or of any of Landlord's obligations as to any future transactions.
Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender In any Instance shag not constitute
continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sok
discretion of Lender.
SEVERABILITY. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any ether circumstance. If feasible, the
offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
modified, it shall be considered deleted from this Agreement. Unless otherwise required by low, the illegality, Invalidity, or unenforceability of
LANDLORD'S CONSENT TO ASSIGNMENT
Loan No: 826004900 (Continued)
any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
Page 2
DEFINITIONS. The following capitalized wards and terms shall have the following meanings when used in this Agreement. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shell Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code:
Agreement. The word "Agreement" means this Landlord's Consent to Assignment, as this Landlord's Consent to Assignment may be
amended or modified from time to time, together with all exhibits and schedules attached to this Landlord's Consent to Assignment from
time to time.
Borrower. The word "Borrower" means BULLETIN DISPLAYS, LLC and includes all co-signers and co -makers signing the Note and all their
successors and assigns.
Collateral. The word "Collateral" means all of Borrower's right, title and interest in and to all the Collateral as described in the Collateral
Description section of this Agreement.
Landlord. The word "Landlord" means THE CITY OF LYNWOOD, and is used for convenience purposes only. Landlord's interest in the
Premises may he that of a fee owner, lessor, eublessor or Penholder, or that of any other holder of an Interest in the Premises which may
be, or may become, prior to the interest of Lender.
Lease. The word "Lease' means that certain lease of the Premises, dated February 24, 2005, between Landlord and Borrower..
Lender. The word "Lender" means RepublicBankAz, N.A., its successors and assigns.
Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter
existing, and however evidenced.
Note. The word "Note" means the Note executed by BULLETIN DISPLAYS, LLC In the principal amount of L dated August 4,
2011, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or
credit agreement.
Premises. The word "Premises" means the real property
Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Loan.
BORROWER AND LANDLORD ACKNOWLEDGE HAVING HEAD ALL THE PROVISIONS OF THIS LANDLORD'S CONSENT TO ASSIGNMENT,
AND BORROWER AND LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS DATED AUGUST 4, 2011.
BORROWER:
BULLETINDISP AYS, LLC
By. AXI
MARK A. KUDLER, M-affiffer and President of
BULLETIN DISPLAYS, LLC
LANDLORD:
THE CITY OF LYNWOOD
By _
Authorized Signer for THE CITY OF LYNWOOD
By
Authorized Signet for THE CITU OF LYNWOOD
LENDER:
REPUBLICBANKA2. N.A.
A oriz r /
.. usr.,.n�T.•,w...nav,o.m,w..�w..n.,.+z......�..m>.m,,.z"wm,,....... . Az rc.wwmu"uaxuro...zv ...�e
p4 LENS;
"4.AGENDA STAFF REPORT
O
'LIF04{
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manage
PREPARED BY: Robert S. Torrez, Assistant City Manage
Alfredo J. Lopez III, Human Resources Director
Lillian Ayala, Risk Manager P
SUBJECT: Claim for Damages by Attorney Helena Sunny Wise on
Behalf of Code Enforcement Officer Velma Winbush
Recommendation:
Staff recommends that the City Council reject the claim of Helena Sunny Wise on
behalf of Code Enforcement Officer Velma Winbush against the City of Lynwood
and direct staff to send a standard letter of rejection.
Background:
On June 1, 2011, Ms. Wise filed a claim on behalf of her client, Code
Enforcement Officer Velma Winbush, regarding her employment. Ms. Winbush
has been on unpaid approved leave for more than a year now. Ms. Wise
estimates Ms. Winbush's personal damages to be in excess of $250,000 for
"future wage losses".
As part of our due diligence, the City retained an independent firm, RCS
Investigations and Consulting, to investigate Ms. Winbush's allegations. RCS
determined that all of Ms. Winbush's allegations were not sustained. Therefore,
liability does not adhere to the City in this matter and the tort claim should be
accordingly rejected.
Discussion & Analysis:
In June 2011, the independent firm RCS Investigations and Consulting was
retained to conduct a third party administrative investigation on Ms. Winbush's
allegations. RCS Investigators conducted interviews with Ms. Winbush and
numerous other City employees. RCS Investigators found that the statements
ITEM
Zy
and opinions offered by Velma Winbush regarding the various allegations
contrasted considerably from City witnesses. Furthermore, none of Ms.
Winbush's allegations were sustained following the third party fact finding
administrative interviews. Ms. Winbush is currently on approved unpaid leave
until February 1, 2012, and is expected to return to the City on February 2.
Fiscal Impact:
The action recommended in this report will not have a fiscal impact on the City.
Coordinated With:
Development Services Department
Finance Department
Human Resources Department
City Attorney
Attachments:
Claim Form
LAW OFFICES OF
HELENA SUNNY WISE
1907 W. BURBANK BOULEVARD, SUITE A • BURBANK. CALIFORNIA 91506
(818) 843-8086 • FAX (818) 843-7958 • (323) 849-3317
June 1, 2011
HAND DELIVERED
City Clerk's Office
CITY OF LYNWOOD
11330 Bullis Road
Lynwood, California 90262
Re: VELMA W[NBUSH
Dear City Clerk:
Enclosed for filing is a Government Tort Claim on behalf of Code Enforcement Officer Velma
Winbush. Please immediately docket same and advise my office of the City's response to said
filing.
Enc.
'fated. RECEIVED
JUN 0 12011
CITY OF LYNWOOD
CITY CLERKS OFFICE
cc: Lesley Cheung, Esq.
Aleshire & Wynder
1881 Von Karman, Suite 400
Irvine, CA 902612
AdminSure
1470 Valley Vista Drive, Suite 230
Diamond Bar, CA 91765
(Rev. 2/09)
FROM
CITY OF LYNWOOD
11330 BULLIS ROAD
LYNWOOD, CA 90262
LIABILITY
DATE FILED
City Claim Reporting Form CLAIM NO.
For all Persons or Property DEPT.
COPY
AdminSure
1470 Valley Vista Drive, Ste 230
Diamond Bar, CA 91765
1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO PERSONAL PROPERTY, MUST BE FILED
NO LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (Gov. Code, Sec. 911.2).
2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE (1)
YEAR AFTER THE OCCURANCE (Gov. Code, Sec. 911.2).
3. READ ENTIRE CLAIM FORM BEFORE FILING.
4. ATTACH SEPARATE SHEETS, IF NECESSARY, TO GIVE FULL DETAILS.
Name of Claimant: Velma Winbush
Date of Birth: Social Security No.:
Home address of claimant:
City State: CA— Zip Code: 90723 Telephone No.:
Give address to which you desire notice or communication to be sent regarding this claim: Helena S. Wise,
1907 W. Burbank Boulevard ,#ACity:
Burbank State: CA Zip Code: 91506
incidents
Date of ACCODW Thar 9. 2010 to Present Time: AM PM X
Incidents
Place of app{ City of Lynwood, 11330 Bullis Rd., Lynwood, CA and surrounding
ccetrnttru y.
How did damage or iniury occur? (Give full details)
SEE ATPACH D
But see
Were Sheriffs at the scene? Yes No X File No. (If known): URN 9-10-21327-2112-444
What particular act or omission do you claim caused the injury or damage? Give the name of the City
employee causing the injury or damage, if known: Discipline and threat of termination as
retaliation for whistleblowing re theft of funds, and exhaustion of EWA.
Give total amount of claim (include estimate amount of any prospective injury or damage): Economic Loss -
$5,000 to date and in excess of 1250,000 (wages & benefits) future wage loss;
similar sum for emotional distress aryl punitives.
How was amount of claim computed? (Be specific. List doctor bills, wage rate repair estimates, etc.)
Please attach two original estimates. Wage loss per W-2' s
Expenditures made on account of accident or injury (date and item): Co -Pays to Dr. Tblwin and
Dr. Harding Young and future inedical, unknown
Name of address of witnesses, doctors and hospitals: 1 LDr. Hardina Young 3628 E Tag�erial
Lynwood, CA 90262, 2) Dr. Michael Tolwin, 3631 rntgnes venue, i e SUFrig,(r.A,,
5) Dr. Salvatore Danna, 11411 Brookshire, Suite 502, Downey,
PLEASE READ THE FOLLOWING CAREFULLY
For all accident claims, place on following diagram names of streets, including North, East, South and
West; indicate place of accident by "X" and by showing house numbers or distance to street comers.
If City vehicle was involved, designate by letter "A" location of City vehicle when you first saw it, and by
"B" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at the
time of accident by "A- I" and location of yourself or your vehicle at the time of the accident by `B-1"
and the point of impact by "X".
Note: if diagrams below do not fit the situation, attach a proper diagram signed by claimant
r ..
FOR AUTOMOBILE ACCIDENTS
FOR OTHER ACCIDENTS
CURB SIDEWALK
CURB
WAV
SIDEWALK IIIj�
1
I HAVE READ THE FOREGOING CLAIM AND KNOW THE CONTENTS THEREOF: AND
CERTIFY THAT THE SAME IS TRUE OF MY OWN KNOWLEDGE EXCEPT AS TO THOSE
MATTERS WHICH ARE HERE STATED UPON MY INFORMATION AND BELIEF: AND AS TO
THOSE MATTERS 1 BELIEVE IT TO BE TRUE. 1 CERTIFY (OR DECLARE) UNDER PENALTY
/' PE�.IURY THAT THE FOREGOING IS TRUE AND CORRECT.
WZ��// 14ay 31, 2011
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ATTACHMENT TO TORT CLAIM
VELMA WINBUSH VS. CITY OF LYNWOOD, JONATHAN COLINS, RITA MANIBUSAN,
ROBERT TORREZ and ALFREDO LOPEZ
Page 1 of 4
Long Time CITY OF LYNWOOD employee VELMA WINBUSH, the sole African-American
Code Enforcement Officer assigned to the Code Enforcement Division in the Development
Services Department, does hereby file this Government Tort Claim. On a continuous basis
commencing in 2008 and leading up to November 2010, WINBUSH repeatedly inquired of her
Manager, RITA MANIBUSAN, as to why she was being denied an equal opportunity to work
overtime, including decibel reader, yards sales and cart recycling assignments as otherwise
afforded all other Caucasian, primarily Hispanic Code Enforcement Officers in her Division.
WINBUSH raised issues concerning such disparate treatment, contemporaneous with
WINBUSH being told that certain Hispanic employees, including Code Enforcement Officers,
had been asked by certain Managers to assist the CITY in "getting rid of the niggers" as well as
after WINBUSH was required to train a Hispanic colleague on the decibel reader.
When WINBUSH voiced concern regarding the hostile work environment to which she was
being subjected, including a refusal to provide team assistance on known code calls with a
potential for violence, while affording such assistance to her colleagues, the Director of Human
Resources, Alfredo Lopez, as well as MANIBUSAN, both refused to investigate let alone
address WINBUSH's concerns. As WINBUSH continued to express her desire to be treated
equally. MANIBUSAN responded by occasionally providing WINBUSH with an overtime
assignment, but would revert to refusing to do so again until WINBUSH gained knowledge of
grossly disproportionate work opportunities afforded her Caucasian counterparts and raised
issues about the same with MANIBUSAN again, including but not limited to on August 17,
2010.
Upon receipt of WINBUSH's latest complaint, within days, MANIBUSAN suddenly issued a
reprimand to WINBUSH, on WINBUSH's birthday, for purportedly failing to follow CITY
policy concerning the manner in which WINBUSH gave notice on August 26, 2010 of her desire
to take time off from her regularly scheduled work day, even though WINBUSH followed the
same protocol used by other Code Enforcement Officers as well as MANIBUSAN herself.
WINBUSH alleges that other employees were not disciplined in these regards, even though other
Code employees left on their own accord and even set their own schedules. Immediately after
receiving said discipline, WINBUSH was informed that other Caucasian Code Enforcement
Officers would be given overtime assignments for yard sales in September and December 2010,
as well as allowed to perform most cart removal/recycling center duties, to WINBUSH's
continuing economic detriment, although WINBUSH had requested same on August 17, 2010.
Because the LYNWOOD CITY EMPLOYEES ASSOCIATION was contemporaneously
negotiating a contract covering Code Enforcement Officers and solicited proposals concerning
ways to fund decent pay raises for Code Enforcement Officers who had been denied same for
several years, WINBUSH, who had just collected a substantial sum of monies when WINBUSH
was allowed her only cart recycling assignment in July 2010, proposed that recycling monies
ATTACHMENT TO TORT CLAIM
VELMA WINBUSH VS. CITY OF LYNWOOD. JONATHAN COLINS. RITA MANIBUSAN,
ROBERT TORREZ and ALFREDO LOPEZ
Page 2 of 4
collected from cart returns, as well as seizures of slot machines and unlicensed vendor products,
be used to fund pay raises for Code Enforcement Officers.
Contemporaneously, WINBUSH became concerned when Code Enforcement Officer
ANTHONY TORRES reported to WINBUSH that although on WINBUSH's instructions he had
memorialized events from his recent cart assignment on September 11, 2010, he was
reprimanded and specifically instructed by MANIBUSAN to not seal monies collected from his
cart recycling run. WINBUSH is informed and believes TORRES advised MANIBUSAN that
he knew how to seal the proceeds beforc turning same in, thercby causing MANIBUSAN to
become even more upset. Shortly thereafter WINBUSH and TORRES were publicly belittled
and yelled at by MANIBUSAN for purportedly staying in the office on a Friday, even though
WINBUSH and TORRES were in the field; when MANIBUSAN learned the names of the
Officers who had remained in the office instead, MANIBUSAN did not publicly scold said
Officers for having done so.
Because the LYNWOOD CITY EMPLOYEES ASSOCIATION advised WINBUSH that no
fund accounts existed for the types of collections which had been taking place on a regular and
consistent basis for years and FINANCE confirmed same as well, WINBUSH suspected that
MANIBUSAN and her superior JONATHAN COLINS had not been turning in monies
generated by recycling assignments, and others as well, but were in collusion with certain Code
Enforcement Officers, secreting said funds for unrelated personal activities. In these regards,
WINBUSH believes said monies were used for social and political gatherings to which
WINBUSH was excluded, as well as to cover recent funeral expenses for MANIBUSAN's
relative, in the same way that consumables and various products seized from unlicensed vendors
were being gifted to particular city employees.
Immediately thereafter, WINBUSH and TORRES addressed their concerns to ASSISTANT
CITY MANAGER ROBERT TORREZ and were advised that an investigation would be
conducted. WINBUSH was soon subjected to an extremely hostile work environment by Code
Enforcement Officers as well as MANIBUSAN and COLINS for reporting the above, including
to such a degree that WINBUSH experienced severe Irritable Bowel Syndrome and was placed
off work for several days.
Upon WINBUSH's return to work, WINBUSH received a telephone call requesting that she
meet immediately with the CITY's Auditor as well as FINANCE DEPARTMENT DIRECTOR
LORRY HEMPE. On November 11. 2010, HEMPE and the City's Auditor met with
WINBUSH about whether Development Services had been turning in funds collected, in light of
CITY requirements concerning the handling of public monies and in light of prior situations
where Development Services was castigated for opening up slot machines unless other City
officials were present to account for monies seized. HEMPE reassured WINBUSH that an
investigation was indeed taking place.
ATTACHMENT TO TORT CLAIM
VELMA WINBUSH VS. CITY OF LYNWOOD, JONATHAN COLINS, RITA MANIBUSAN,
ROBERT TORREZ and ALFREDO LOPEZ
Page 3 of 4
Immediately upon her return to her work area, MANIBUSAN became angry that WINBUSH
attended an interview with the Auditor, prompting WINBUSH to return to HEMPE's office
concerning these events whereupon WINBUSH related concerns for her own safety. Despite
the same, WINBUSH and Officer Torres were confronted by angry Code Enforcement Officers
for engaging in whistleblowing in these regards, with COLINS even announcing that two Code
Enforcement Officers were responsible for causing an investigation to take place. As a result, on
one occasion, one officer tried to justify his actions by claiming MANIBUSAN and COLINS
authorized and countenanced all activities in these regards. When said Officer pointed out similar
practices were persisting in Business Licenses as well, other Hispanic officers immediately
silenced him.
In close proximity to said revelation, TORRES reported to WINBUSH that he had also been
threatened in the field by two Officers, with one gesturing as if she (Officer FOREMAN) was
shooting a gun at TORRES and that he (TORRES) believed he should report same to the
Sheriffs Department on December 7, 2010. WINBUSH agreed to accompany TORRES and
provide a statement to the Sheriffs Department concerning events leading up to and the
investigation into the theft of monies in Development Services. When TORRES' and
WINBUSH's filing of a police report was relayed by the Sheriff's Department to ALFREDO
LOPEZ, WINBUSH was immediately placed by Director JONATHAN COLINS on a lengthy
paid administrative leave between December 9, 2010 and January 26, 2011, whereby WINBUSH
but not TORRES was effectively detained at home and ordered to not retaliate against
employees, even though WINBUSH was and remains the victim and primary whistleblower in
these and other regards.
Besides affording differential treatment to ANTHONY TORRES, neither CYNTHIA
FOREMAN nor ELIAS NAVARRO who accompanied FOREMAN on the day of the purported
gun gesturing were placed off on "house arrest", nor were other Code Enforcement Officers and
superiors equally and culpably involved in the theft of public funds. Instead, all said personnel
remained continuously employed and in the case of Code Enforcement Officers continued to
benefit from overtime assignments as well.
Although WINBUSH received notice from ASSISTANT MANAGER ROBERT TORREZ she
was to return from leave on January 26, 2011, WINBUSH was also issued discipline by
TORREZ and threatened with discharge, with the CITY claiming that WINBUSH had assisted
TORRES in making a false and baseless complaint to the Sheriffs Department. Ironically and in
the meantime, Officer TORRES did not sustain any adverse action, let alone "house arrest"
during the holidays. For understandable reasons, WINBUSH became extremely upset, has
experienced recurring episodes of gastrointestinal and psychological distress because of the
CITY's actions and lack thereof, with the CITY intentionally aggravating WINBUSH's physical
ATTACHMENT TO TORT CLAIM
VELMA WINBUSH VS. CITY OF LYNWOOD, JONATHAN COLINS, RITA MANIBUSAN,
ROBERT TORREZ and ALFREDO LOPEZ
Page 4 of 4
and psychological wellbeing due to its prior knowledge of WINBUSH's earlier surgeries and
propensity for recurring Colitis flare-ups in these and other regards. MANIBUSAN aggravated
same even further by locking WINBUSH inside CITY premises, after taking WINBUSH's keys
away from her on WINBUSH's last physical day at work.
By these and other events, WINBUSH has been effectively severed by THE CITY OF
LYNWOOD, with the CITY now claiming that WINBUSH has exhausted FMLA leave.
Because Officer Torres had reported to WINBUSII about perceived criminal threats he received
from Officer FOREMAN and because WINBUSH was familiar with FOREMAN's prior
incarceration, and in light of the prior senseless murder of a long-time colleague of WINBUSH's
at LYNWOOD, during working hours, by a disgruntled fired Hispanic employee now
incarcerated and found to have had many different aliases and outstanding criminal warrants
predating his hiring by LOPEZ, WINBUSH for understandable reasons genuinely fears for her
life. WINBUSH's fears have become even more intensified in light of the recent "hit-and-run"
accident involving an African American City employee returning home from work on his
bicycle, after he complained of race discrimination, and given well known knowledge that there
is recreational use of guns by WINBUSH's colleagues.
Similarly, WINBUSH alleges that the refusal of TORREZ, LOPEZ and others to dispel active
claims of a concerted effort to rid the CITY of black employees, merely aggravates her working
conditions as well as those of other African Americans employed by THE CITY OF
LYNWOOD.
By these actions, named agents of the CITY OF LYNWOOD and the CITY has engaged in
unlawful whistleblowing retaliation against WINBUSH, including unlawful coercion,
intimidation and harassment, while also depriving WINBUSH of the same terms, conditions and
privileges of employment otherwise afforded her Caucasian counterparts. By so doing, the CITY
and its named representatives have countenanced unlawful race and disability discrimination
against WINBUSH and subjected WINBUSH to unlawful harassment and retaliation, including a
hostile working environment, all contrary to the laws of the State of California prohibiting the
same.
4F LY~b
AGENDA STAFF REPORT
at+ro¢
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag
PREPARED BY: Perry Brents, Director of Recreation and Community Services P�
SUBJECT: Credit Union Grant Agreement
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING
THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
LYNWOOD AND THE NATIONAL FEDERATION OF COMMUNITY DEVELOPMENT
CREDIT UNIONS, INC."
Background:
"Better Directions" is a credit union program aimed at expanding opportunities for senior
citizens in low-income and underserved communities to rebuild assets through trusted
relationships with credit unions. In the current pilot program, the National Federation of
Community Development Credit Unions, Inc. has provided a grant to Mid -Cities Credit
Union (Compton, CA). A grant in the amount of $10,000 is being offered to the Lynwood
Senior Citizen Center subject to certain conditions.
Discussion & Analysis:
The National Federation of Community
received a major grant from the Atlantic
help low-income seniors gain financial s
economic security offered at the loca
organizations, can provide solutions for
the Federation wants to:
Development Credit Unions, Inc. (CDCU) has
Philanthropies to pilot a nationwide program to
=rity. This pilot program, with its emphasis on
level by CDCUs in collaboration with local
many older Americans. Through this program,
Encourage credit unions to develop and market products
CDCUs that recognize and meet the needs of senior citizens;
Encourage the creation or expansion of partnerships with
agencies that work with the aging;
and programs at
local direct
23
• Ensure that older adults in the communities served by CDCUs get the financial
counseling and information they need to obtain all the public benefits for which
they are eligible;
• The Federation and the selected CDCUs will also be collaborating with several
national organizations working with older adults in implementing this campaign
and in disseminating information gleaned from it.
The grant award for the City of Lynwood would be made for $10,000 over two years.
The grant period is for a maximum of 24 -months, ending no later than June 30, 2013.
Mid -Cities Credit Union (Compton, CA), as a selected credit union currently serves the
communities of Compton, Lynwood, North Long Beach, Carson, Lynwood, Norwalk and
Paramount California. Mid -Cities Credit Union will be partnering with the Los Angeles
County office of Community and Senior Services, an NCOA Economic Security Site, as
well as the Insight Center for Community Economic Development.
As a part of the grant requirement, the credit union will also offer education booklets,
branch seminars, and community seminars inside the Lynwood Senior Citizen Center.
An Educational Website has been created to offer visitors to the site retirement planning
information in a variety of formats to fit different learning styles and needs, including
articles, audio, calculators, interactive coaches and much more, a new series of short
courses. Short courses are 12-13 minute presentations that members can access any
time.
Fiscal Impact:
The $10,000 grant will be paid in two installments - $5,000 up front (approximately
March 2012) and then $5,000 at the end of the program (approximately November
2012). The funds would be used to make technical upgrades to the Senior Center
facility:
• New portable sound system
• Scrolling message board in lobby
• Large flat panel TV monitor for main room (for continuous display of key
messages)
• Higher quality projector
• Wireless internet routers for whole building access
Coordinated With:
City Attorney
Finance Department
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF LYNWOOD AND THE NATIONAL FEDERATION OF
COMMUNITY DEVELOPMENT CREDIT UNIONS, INC.
WHEREAS, the National Federation of Community Development Credit Unions,
Inc. has provided a grant to Mid -Cities Credit Union (Compton, CA) a participating
member of Community Development Credit Unions; and
WHEREAS, Mid -Cities Credit Union (Compton, CA) working in collaboration with
the City of Lynwood will provide a grant of $10,000 to serve older adults; and
WHEREAS, upon agreement, in exchange for the $10,000 grant, the City of
Lynwood will provide use of the Lynwood Senior Citizen Center to provide financial
literacy education for senior citizens.
NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY FIND,
ORDER, AND RESOLVE AS FOLLOWS:
Section 1. The Mayor is authorized to execute the agreement in a Form
approved by the City Attorney between the City of Lynwood and the National Federation
of Community Development Credit Unions, Inc. to provide a grant of $10,000.
Section 2. This Resolution shall take effect immediately upon adoption.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS 17th day of January 2012.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM
Fred Galante, City Attorney
Jim Morton, Mayor
Roger L. Haley, City Manager
APPROVED AS TO CONTENT:
Perry Brents, Director
Recreation & Community Services
3
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Resolution was duly adopted by the City Council of the City of
Lynwood at a regular meeting held at City Hall on the 17th day of January 2012, and
passed by the following votes:
AYES:
NOES:
ABSENT:
_a _ ►
Maria Quinonez, City Clerk
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Resolution No.
on file in my office and that said
Resolution was adopted on the date and by the vote therein stated.
Dated this 17`h day of January, 2012
Maria Quinonez, City Clerk
2
A011"
Federation
Credit Unions United to Serve the Underserved
GRANT AGREEMENT
This Grant Agreement (the "Agreement") is made as of December 1, 2011 by and between:
Lynwood Senior Center, by and through the City of Lynwood - having offices at 11329
Ernestine Avenue, Lynwood, CA 90262 and the National Federation of Community
Development Credit Unions, Inc., (the "Federation") having offices at 39 Broadway, New
York, New York 10006 pursuant to the terms of the Federation's Better Directions program
("the Grant Program").
1. By signing this Agreement, Lynwood Senior Center, by and through the City of Lynwood,
confirms that the information it will provide to the Federation is complete and accurate, to the
best of its knowledge.
2. Lynwood Senior Center, by and through the City of Lynwood, recognizes that all decisions
regarding the grant are made by the Federation and are final. No funder or other organization is
responsible for any decisions regarding disbursement of funds or the administration of the Grant
Program.
3. The Federation agrees to make a grant totaling $10,000 to Lynwood Senior Center, by and
through the City of Lynwood, subject to certain conditions.
4. The payment of the grant will be made by the Federation when the Lynwood Senior Center,
by and through the City of Lynwood, has met the performance standards as set forth in
Paragraph 8 below.
5. The Federation is making the grant to Lynwood Senior Center, by and through the City of
Lynwood, from the proceeds of grants that have been made to the Federation. If, for any reason
the amount of funding available to the Federation is reduced and/or eliminated, it may be
necessary for the Federation to reduce and/or eliminate payments to Lynwood Senior Center, by
and through the City of Lynwood. Lynwood Senior Center, by and through the City of
Lynwood, agrees that it will take no action against Federation or any of its funders if, for any
reasons, the Federation is unable to make payments of the grant.
6. General Conditions: Reports and Publicity
a. Semi -Annual Reports.
Lynwood Senior Center, by and through the City of Lynwood, agrees to provide the
following reports to the National Council on Aging (NCOA) by the dates shown below,
so that it may prepare required reports about the Grant Program.
L On January 15, 2012 for the period ending December 31 and
subsequently on April 151h and October 151h for the periods ending
March 31" and September 30th through September 30th 2013
2
• a narrative report of approximately four to five pages describing in
detail Lynwood Senior Citizen Center's progress in meeting its
performance goals and individual and institutional data as described in
the attached reporting form (attachment A).
• Lynwood Senior Citizen Center will begin sending these reports after
receipt of the grant and will continue sending the reports until a date
two years after its receipt.
b. Publicity.
Lynwood Senior Center, by and through the City of Lynwood, agrees that the Federation
may publicize its participation in the Grant Program. Lynwood Senior Citizen Center
agrees to provide the Federation information such as photographs and local news stories
that may be used to publicize the Grant Program and Lynwood Senior Citizen Center
participation in the Grant Program.
7. General Condition: Use of the Grant
a. Use of the Grant
Lynwood Senior Center, by and through the City of Lynwood, agrees that the purpose of
this grant is to provide operating support and /or reserves or matched savings for the
Better Direction program and that it will not use any of this grant for dividends, or for
any other purpose not detailed in the Application.
At an official meeting of the Lynwood City Council, the Lynwood Senior Center, by and
through the City of Lynwood, will take and duly record a vote authorizing that the Grant
is accepted for such purposes.
Lynwood Senior Center, by and through the City of Lynwood, shall furnish the
Federation a copy of the resolutions adopted by the Lynwood City Council evidencing
that the grant will be used for the purposes authorized in this Grant Agreement, and not
used for any prohibited purposes.
8. Performance Standards and Requirements of the Grant
a. Lynwood Senior Center, by and through the City of Lynwood, agrees that the
Federation may delay or cancel any payment of the grant unless and until the
following performance standards are met by the dates specified. Lynwood Senior
Center, by and through the City of Lynwood, agrees that the Federation will be the
sole judge of whether you have met the performance standards.
b. The Federation will provide the $10,000 payment of the grant in two tranches. The
first tranche of $5000 (Five Thousand Dollars) will be paid upon receipt of the signed
3
grant agreement and the second tranche of $5,000 (Five Thousand Dollars) one year
after the first payment and provided that:
c. Lynwood Senior Center, by and through the City of Lynwood, fulfills the uses of the
grant as specified in 7(a) and reporting requirements as specified in 6 (a) and
provided that:
d. Lynwood Senior Center, by and through the City of Lynwood, agrees that the unused
balance of the Grant will expire on October 15, 2013 so that the funds may be
reallocated:
e. If, at any time, the Federation determines that Lynwood Senior Center, by and
through the City of Lynwood, is not fulfilling the requirements of the grant, the
Federation may ask that the grant be returned.
9. Lynwood Senior Center, by and through the City of Lynwood, confirms that it has fully
discussed this Grant Agreement at an official meeting of its Board of Directors and has passed
the motions as indicated in Paragraph 7 above prior to signing and returning this Agreement to
the Federation
Lynwood Senior Center, by and through the For the National Federation of Community
City of Lynwood Development Credit Unions, Inc
Mayor
Print Name
City Attorney
Signature
President/CEO
Clifford N. Rosenthal
DATE:
AGENDA STAFF REPORT
January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manage
PREPARED BY: Perry Brents, Director of Recreation & Community Services 4
Mark Flores, Deputy Director
SUBJECT: Lynwood Weight Loss Challenge
Recommendation:
Staff recommends that the City Council approve the following actions:
1. Adopt the attached resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE OFFER OF
$5,000 IN PRIZE MONEY TO WINNERS OF THE 2012 LYNWOOD
WEIGHT LOSS CHALLENGE"
2. Authorize the Allocation of funding from the City Council Discretionary
Fund
Background:
Staff is seeking approval of the 2012 "Lynwood Weight Loss Challenge" and the
allocation of funds for its implementation.
Discussion and Analysis:
In September of 2009 the Lynwood City Council approved the implementation of
the first ever Lynwood Weight Loss Challenge. The program was designed to
promote community health in a fun and community -building environment. The
program grew last year and was able to attract more than 200 participants in the
year 2011. Staff is respectfully requesting approval to implement the program in
2012.
AGENDA
ITEM
The "Cash for Chunkers" Community Weight Loss Challenge was not included in
the 2011-2012 Budget. California Constitution Article XVI, sec. 6 requires that the
use of public resources must serve public purposes. The City Attorney has
previously opined that this proposed event would be justifiable insofar as the City
Council may make the findings that a substantial public purpose is achieved by
this event for the promotion of the health and welfare of the community and
within the overall mission of the City.
The City Council's Proposed FY 11-12 Budget includes a budgeted amount of
$10,000 per each Councilmember for the purpose of setting a ceiling on
expenditures. Staff respectfully recommends that funds for the Weight Loss
Challenge prizes be allocated from Council discretionary funds. Entry fees for the
program will be used to reimburse this expense up to the actual allotment. Any
funds recovered over the requested $5,000 allotment will be used to increase the
prize pool.
Due to its overwhelming success, staff expects to replicate last year's program
with minimal changes to the format and rules. A change under consideration is to
prohibit the previous year's first place winners from being eligible for first place in
the next year.
Fiscal Impact:
The anticipated fiscal impact is $5,000 plus staff time. Based on the previous
year's program, staff expects to recover approximately $4,500-$5,000 through
participation fees.
Coordinated With:
Finance Department
Agency Counsel
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AUTHORIZING THE OFFER OF $5,000 IN PRIZE MONEY TO WINNERS OF
THE 2012 LYNWOOD WEIGHT LOSS CHALLENGE
WHEREAS, City Council of the City of Lynwood would like to promote
community health, community building activities, charitable and similar activities
in Lynwood that yield an appropriate public purpose, consistent with the
provisions of the California Constitution, Art. XVI, sec. 6; and
WHEREAS, staff has made a determination that use of public funds for
the Weight Loss Challenge program meets the criteria set forth in the City's
Donation/Fee Waiver Policy; and
NOW, THEREFORE THE MEMBERS OF THE LYNWOOD CITY
COUNCIL DO HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS
FOLLOWS:
Section 1: The City Council finds that the provision of City funding
accomplishes the important public purpose of promoting the health and welfare
of the citizenry of the City of Lynwood and hereby approves allocation of $5,000
to be used as prize funds for the 2012 Lynwood Weight Loss Challenge.
Section 2: The City Clerk shall certify to the passage and adoption of
this resolution.
PASSED, APPROVED and ADOPTED this 17th day of January 2012.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
Jim Morton, Mayor
Roger L. Haley, City Manager
APPROVED AS TO CONTENT:
Perry Brents, Director
Recreation & Community Services
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing Resolution was duly adopted by the City Council of the
City of Lynwood at a regular meeting held at City Hall on the 17th day of January
2012, and passed by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA }
}
COUNTY OF LOS ANGELES }
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correct copy of Resolution No.
on file in my office and that
said Resolution was adopted on the date and by the vote therein stated.
Dated this 17th day of January, 2012
Maria Quinonez, City Clerk
EXHIBIT A
CITY OF LYNWOOD DONATION/FEE WAIVER POLICY
The City Council of the City of Lynwood would like to promote community,
charitable and similar activities in Lynwood that yield an appropriate public purpose,
consistent with the provisions of the California Constitution, Art. XVI, sec. 6. While the
City encourages organizers of community, charitable and similar activities in Lynwood to
obtain their funding and other support independent of City support, this Policy provides a
procedure for City support of non-profit entities who participate in and promote events
that are beneficial to the community or otherwise provide a valid and substantial public
purpose within the mission of the City and demonstrate a need for assistance. All
donations or fee waivers must be considered and approved by the City Council, pursuant
to the terms of this Policy.
Application Process. The requested donation or fee waiver must meet the criteria
set forth at Section 3 below. All applications must explain, in sufficient detail for
the City to understand, all of the following information:
a. If the applicant is an entity, it must disclose the nature of the organization
and confirm its non-profit status. The applicant must also demonstrate the
designated goals and objectives of the organization.
b. If the applicant is an individual, he/she must provide proof of current
residency in Lynwood.
C. The application must demonstrate how the requested donation or fee
waiver benefits Lynwood and meets the criteria set forth in Section 3
below.
d. The application must demonstrate how the funds, item of value or fee
savings will be used.
2. Funds Set Aside for Discretionary Donations/Fee Waivers. On an annual basis
through the budget process, the Council will set aside a donations fund, including
City's payment for costs not covered by an applicant where a City fee is waived.
3. Criteria for Approval of Donations/Fee Waivers. The City Council may approve
a donation of funds, items of value or payment of costs resulting from fee waivers
for applicants when such donation or fee waiver would serve a public purpose.
The following criteria must be established to qualify for a donation or fee waiver:
a. AAgplicants. Applicants for donations must be either:
Recognized by the Internal Revenue Service as a not-for-profit
organization, charitable organization or athletic, academic or
social non-profit student organization established by any
elementary, middle or high school serving Lynwood residents.
Any organization meeting the criteria of this subsection 3.a.i
must also have a minimum of fifty one percent (51%)
Lynwood residents or businesses that either actively participate
in the organization or benefit from the requested donation.
ii. Current residents of Lynwood.
b. Donations Criteria. Donations may be granted where the applicant may
establish, through documentary proof, that the criteria of all subsections
b.i through b.iii below can be met.
i. Benefit the community. This includes, but is not limited to,
circumstances where the applicant:
1. Supports civic or provide community programs for
Lynwood residents or businesses;
2. Provides financial assistance to Lynwood residents or
businesses;
3. Involves participation by a significant number of
Lynwood residents;
4. Provides a venue, which will serve as a significant
attraction of visitors to the community and revenue to
the City will exceed the requested donation; or
5. Improves the condition of property or availability of
affordable housing within Lynwood.
ii. Provide a public service or otherwise promote the public
health, safety and welfare. This includes, but is not limited to,
circumstances where the individual or entity provides needed
donations or other assistance to Lynwood residents and
businesses in areas such as:
I . health care;
2. counseling and guidance services;
3. abatement of dangerous or unhealthful living or
working conditions, including but not limited to those
constituting violations of the Lynwood Municipal
Code;
4. affordable housing;
5. transportation needs of residents or employees;
6. educational benefits;
7. cultural awareness and education; or
8. nutritional needs of residents.
Demonstrate a need for assistance. This requires the individual
or entity to demonstrate to the City, based on such proof as
may be required by the City's Finance Director or designee,
that there is a need for financial assistance and the individual or
entity does not have adequate financial resources to meet that
need without the City's assistance.
C. Religious Oreanizations. The City will not approve any requested
donation or fee waiver that otherwise meets the above criteria if the
donation will cause the City to violate the Establishment Clause of the
United States Constitution. Generally, a donation or fee waiver to a
religious organization violates the Establishment Clause, unless it
primarily serves a secular purpose, neither advances or inhibits any
religion and avoids excessive entanglement by the City in any religion or
religious purpose.
4. Recipient's Oblieations to Report Use of Funds. Sixty (60) days after receipt of
the donation or fee waiver, the recipient shall provide a written explanation to the
City, in a form approved by the City, of how the donated funds or item(s) of value
has been used and benefited the City, its residents or businesses in the manner set
forth at Section 3 above.
5. City Council Consideration of Donation(Fee Waiver. The City Manager or
designee shall review all applications for donations or fee waivers and forward
those that meet the provisions of this Policy to the City Council for consideration.
If the City Council finds that all the requirements under this Policy have been
met, it may, in its sole discretion, approve the requested donation or fee waiver.
Alternatively, the City Council may deny or reduce such requested donation or
fee waiver in an amount it deems appropriate based upon its assessment of the
level by which the proposed activity meets the criteria outlined in this Policy.
The decision of the City Council on any donation or fee waiver shall be final.
AGENDA STAFF REPORT
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manag6
PREPARED BY: Perry Brents, Director of Recreation & Community Services 1OX
Jose Trejo, Deputy Director
SUBJECT: Lynwood Dial -a -Ride Contract
Recommendation:
Staff recommends that the City Council consider the following options:
1) Extend the existing contract with All Trans Enterprises (DBA Futura
Taxi) per contract terms, up to an additional twelve months,
commencing April 1, 2012 through March 31, 2013.
2) Direct staff to prepare an RFP for transportation services to be brought
back to Council for review and comment and place Futura Taxi on a
month-to-month extension.
Background:
The initial two-year contract term with All Trans Enterprises Incorporated to
operate the City's dial -a -taxi services for senior citizens and the disabled expires
on March 31, 2012. Under the terms of the agreement, the City has a one-year
Option; if exercised the term of the agreement would be extended up to an
additional twelve (12) months, commencing April 1, 2012, and continue through
March 31, 2013.
Discussion/Analysis:
The dial -a -ride program provides subsidized transportation to eligible senior and
disabled residents living within the city of Lynwood. The City has contracted with
All Trans Enterprises since April 2010 to provide these services for its dial -a -ride
program. In anticipation of the initial two-year contract expiring with All Trans
Enterprises and in keeping with the practice to periodically bid such services,
staff has brought this item to Council for direction and consideration.
ITEM
ZS
Fiscal Impact:
In FY 2010/2011, the Dial -a -Taxi program costs the City approximately $113,000
in Proposition A (MTA) transportation funds. There is a significant costs savings
in comparison to the City's previous Contractor. The previous Contractor's
annual costs were $252,275 in FY 2008/2009 and $251,543 in FY 2009/2010.
The program's monthly average cost is approximately $12,000 in comparison to
an average cost of $21,500 in previous years. The FY 2012 budget for this
program is $260,000.
It is important to note, that during the contract period, the City incurred significant
legal and staff costs due to contractor's internal disputes.
Coordinated With:
Finance Department
City Attorney's Office
Attachment:
Transportation Agreement for All Trans Enterprises (DBA Futura Taxi)
CITY OF LYNWOOD
TRANSIT SERVICES AGREEMENT
This TRANSIT SERVICES AGREEMENT ("Agreement") is made and entered
into as of April 1, 2010, by the CITY of Lynwood, 11301 Bullis Road, Lynwood,
California 90262 (hereinafter referred to as the "CITY") and All Trans Enterprises, Inc., a
California corporation, dba Futura Taxi located at 1137 Eastern Ave., Los Angeles, CA
90022 (hereinafter referred to as the "CONTRACTOR").
The CITY and the CONTRACTOR agree as follows:
RECITALS
A. WHEREAS, the CITY desires the services of a Contractor to manage and
operate its existing ADA/DAR and call center services; and
B. WHEREAS, said work cannot be performed by the regular employees of
City; and
C. WHEREAS, the CONTRACTOR warrants to the CITY that it has the
qualifications, experience and facilities to properly and timely perform the services
required under this Agreement; and
D. WHEREAS, CONTRACTOR wishes to perform these services as
described in Exhibit "A" of this Agreement.
NOW, THEREFORE, it is mutually understood and agreed to by the CITY and
CONTRACTOR as follows:
ARTICLE 1
STATEMENT OF WORK
1.1 Applicable Conditions. CONTRACTOR shall perform the work necessary to
complete in a manner satisfactory to CITY the services of this Agreement as described
in Exhibit "A", entitled Scope of Work. CONTRACTOR shall also perform in accordance
with its proposal to CITY dated January 4, 2010. All services shall be provided at the
places designated by CITY. In the event of any inconsistency between the terms of this
Agreement and CONTRACTOR's proposal, the terms of this Agreement shall control
unless it is clear from the context that both parties intend the provisions of the other
exhibit(s) to control.
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1.2 Personnel. CONTRACTOR shall provide the personnel listed below to perform
the above-specified services, which persons are hereby designated as key personnel
under this Agreement.
Name Functions
Victor Caballero President
No person named in paragraph 1.2 of this Article, or his/her successor approved by
CITY shall be removed or replaced by CONTRACTOR, nor shall his/her agreed-upon
function or level of commitment hereunder be changed, without the prior written consent
of CITY. Should the services of any key person become no longer available to
CONTRACTOR, the resume and qualifications of the proposed replacement shall be
submitted to CITY for approval as soon as possible, but in no event later than seven (7)
calendar days prior to the departure of the incumbent key person, unless
CONTRACTOR is not provided with such notice by the departing employee. CITY shall
respond to CONTRACTOR within seven (7) calendar days following receipt of these
qualifications concerning acceptance of the candidate for replacement.
ARTICLE 2
TERM OF AGREEMENT
2.1 Initial Term. This Agreement will become effective as of April 1, 2010
("Commencement Date") and will remain in full force for a period of two (2) years until
March 31, 2012 ("Initial Term"), unless earlier terminated or extended as provided in this
Agreement.
2.2 Extension of Term. CITY, at its sole discretion, may elect to extend the term of
this Agreement up to an additional twelve (12) months, commencing April 1, 2012, and
continuing through March 31, 2013 ("Option Term"), and thereupon require
CONTRACTOR to continue to provide services, and otherwise perform, in accordance
with the "Scope of Work," stipulated in Exhibit "A" of this Agreement. The "maximum
term" of this Agreement shall be the period extending from April 1, 2010 through March
31, 2013, which period encompasses the Initial Term, and the one-year Option Term.
Contract extension is, however, contingent upon the continued availability of adequate
City funding and successful past performance during the initial contract period.
2.3 Initial Probation Period. A six-month probation period will be set from April 1,
2010 through September 30, 2010. During the probation period, CONTRACTOR and
the CITY shall meet periodically to evaluate performance of the service based upon
standards as set herein. Contractor shall be expected to satisfactorily meet the
performance standards established by the City. At the end of the probation period, the
Recreation Director will evaluate the implementation of Contractor's services against the
established standards and provide the City Council with an updated report. Contracted
services may be contingent upon the successful probation period performance.
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ARTICLE 3
CITY AGENT
The City Manager or his/her designee, for the purposes of this Agreement, is the agent
for the CITY. Whenever approval or authorization is required, CONTRACTOR
understands that the City Manager, or his/her designee, has the authority to provide that
approval or authorization.
ARTICLE 4
COMPENSATION FOR SERVICES
4.1 Applicable Rates. For CONTRACTOR's full and complete performance during
the billing period of the Services under this Agreement, CITY agrees to pay
CONTRACTOR the meter fare for all verified Dial -a -Ride trips recorded to approved
Lynwood Dial -a -Ride customers as set forth in Exhibit "A" — Contractor's Cost Proposal,
which is attached hereto and by this reference incorporated into and made a part of this
Agreement.
4.2 Dial -A -Ride Budget. The entire cost of services under this Agreement shall not
exceed $260,000 annually or, if different, the amount budgeted by the City Council for
such transit services in any applicable fiscal year of the City during the life of this
Agreement ("Dial -A -Ride Budget"). To avoid cost overruns, and the possibility of over
expending from annual said budget, the compensation paid to Contractor shall be
managed to establish a monthly cap not to exceed $21,666.67, subject to the City's
ability to adjust same to account for periods of higher or seasonal activity in other parts
of the year. For the period between April 1, 2010 and June 30, 2010, the cost of service
shall not exceed $65,000 (3/12ths of the $260,000 budgeted in the 2009-10 fiscal year).
4.3 Costs and Expenses. No additional compensation shall be paid for any other
expenses incurred, unless first approved by the City Manager or his/her designee.
Services provided or debt incurred by the CONTRACTOR, if in excess of the amount
budgeted by the City Council per year, shall be at the CONTRACTOR's own expense,
without exception. Costs shall be evaluated monthly as part of the regular progress
meetings and levels of service modified with the consent of the CITY to ensure that
annual costs remain within specified limits.
4.4 Performance Standards. During each billing period, CONTRACTOR shall meet
the Service performance standards as specified in Article 7 of this Agreement. Failure
to meet these standards shall result in the application of the Section 7.3 specified
penalties against CONTRACTOR'S billing -period invoice(s). For the initial ninety (90)
days of operations under this contract, CITY will monitor performance of
CONTRACTOR against the performance measures set forth in Subsection 7.3 to
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ensure that standards have been established that are appropriate and fair. During this
period, no penalties will be assessed.
4.5 Annual Performance Review. Each year, in the month of March, CITY and
CONTRACTOR shall review the Standards established for the Services to ensure
that those standards remain appropriate. Based upon this review, the CITY may adjust
standards, and penalties to ensure satisfactory performance of all services.
4.6 Invoices for Services. On or before the 10th calendar day of the close of the
billing cycle, CONTRACTOR shall submit an invoice for Services provided to CITY,
Attention Lynwood Senior Division, Dial -A -Ride Program Payable Office with a copy to
the Recreation and Community Services Department, itemizing CONTRACTOR's full
and complete performance under this Agreement for the previous period. Each invoice
shall cite Agreement No..2010.031, the time period covered by the invoice and the
amount of payment requested; all relevant back-up documentation, including coupons
received, monthly operation summaries including passenger count, passenger name,
pick-up and drop-off addresses, trip distance, load times, location types (i.e. shopping,
medical, social), and service types (i.e. wheelchair, non-ambulatory) must be included
with each invoice. CITY shall remit payment within forty-five (45) days of receipt and
approval of each invoice. If any portion of the invoice is disputed by CITY, CITY agrees
to reimburse CONTRACTOR for all undisputed costs. Disputed costs shall be resolved
in 45 days and be included in the subsequent month's payment to CONTRACTOR.
ARTICLE 5
PERFORMANCE BOND
In lieu of requiring Contractor to post a performance bond in the amount of 10% of the
average of the first two (2) contract years amount as partial security against its failure to
satisfactorily fulfill its obligations under this agreement, the City shall have the immediate
right to replace Contractor with a third party to full the obligations hereunder in the event
of Contractor's failure to satisfactorily perform. This right shall continue until such time
Contractor adequately assures the City that it can successfully and adequately resume
services hereunder.
ARTICLE 6
GENERAL TERMS AND CONDITIONS
6.1 Termination without Cause: The CITY or CONTRACTOR may terminate this
Agreement at any time upon providing the CONTRACTOR with a ten (10) day written
notice, in the event the CITY abandons or indefinitely postpones the Dial -A -Ride
Service in its sole discretion, whether for budgetary reasons or otherwise. Additionally,
the CITY or CONTRACTOR may discontinue or suspend a portion of the Dial -A -Ride
Service, upon written notice within the time period stated above, and continue with the
remainder to completion. CONTRACTOR shall cooperate with CITY to implement any
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such reductions in the Dial -A -Ride Service.
6.2 Termination for Cause. The CITY or CONTRACTOR may terminate this
Agreement upon providing thirty (30) day written notice to the other party. The CITY
may terminate this Agreement for any of the following reasons:
6.2.1 Bankruptcy of CONTRACTOR or assignment by it for the benefit of
creditors;
6.2.2 In the event CONTRACTOR fails to perform or otherwise breaches this
Agreement and does not cure such breach within (10) days after written
notice is given by the City;
6.2.3 In the event CONTRACTOR breaches this agreement more than 3 times
in a 12 month period, even if each such breach is cured.
6.2.4 In the event CONTRACTOR submits to CITY any false invoice or
documentation required under this Agreement.
6.2.5 In the event CONTRACTOR'S services, in the judgment of the City, are
unsatisfactory.
6.3 Obligations Upon Termination. In the event of such termination, all finished or
unfinished documents, reports, photographs, films, charts, data, studies, surveys, or
other documentation prepared by or in the possession of the CONTRACTOR under this
Agreement shall be returned to the CITY. If the CITY terminates this Agreement without
cause, the CONTRACTOR shall be entitled to receive compensation for transportation
services rendered up to the termination date. If the CONTRACTOR terminates this
Agreement without cause, the CONTRACTOR shall be paid only for those services
completed in a manner satisfactory to the CITY.
6.4 No Relief of Liability Following Termination. Notwithstanding the foregoing,
the CONTRACTOR shall not be relieved of liability for damage sustained by virtue of
any breach of this Agreement, and any payments due under this Agreement may be
withheld to off -set actual and anticipated damages.
6.5 Non -Assignability. The CONTRACTOR shall not assign or transfer any interest
in this Agreement without the express prior written consent of the CITY.
6.6 Non -Discrimination. The CONTRACTOR shall not discriminate as to race,
creed, gender, color, national origin or sexual orientation in the performance of its
services and duties pursuant to this Agreement, and will comply with all applicable laws,
ordinances and codes of the Federal, State, County and CITY governments.
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6.7 Insurance. CONTRACTOR shall submit to CITY certificates indicating
compliance with the following minimum insurance requirements no less than ten (10)
calendar days prior to beginning of performance under this Agreement:
6.7.1 Workers Compensation Insurance as required by law. The
CONTRACTOR shall require all subcontractors similarly to provide such
compensation insurance for their respective employees.
6.7.2 Commercial General Liability Insurance, written on an "occurrence"
basis with a minimum limit of liability of ONE MILLION DOLLARS ($1,000,000)
combined single limit per "occurrence" for bodily injury, personal injury and
property damage. If the policy contains a general aggregate limit, then such
aggregate limit shall not be less than ONE MILLION DOLLARS ($1,000,000) and
shall contain a per location aggregate limit.
6.7.3 Business Automobile Liability Insurance, for all vehicles used in
relationship to taxi based services (defined as vehicles with a capacity of ten (10)
passengers including the driver or less) insuring all owned, non -owned and hired
automobiles and blanket contractual liability coverage with a limit no less than
ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury and property
damage."
6.7.4 Each such policy of insurance referenced above shall
a) Be issued by a financially responsible insurance company or
companies admitted and authorized to do business in the State of
California with a Best's rating of no less than A:VII.
b) Name and list as an additional insured the CITY, its officers,
officials, employees and volunteers on the policy(ies) as to commercial
general liability, automotive liability and property damage.
C) Specify that the policy shall act as primary insurance.
d) Contain a clause substantially in the following words: "it is
hereby understood and agreed that this policy shall not be canceled nor
materially changed except upon thirty (30) days prior written notice to the
CITY of such cancellation or material change." Any such thirty (30) day
notice shall be submitted to CITY via certified mail, return receipt
requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis
Road, Lynwood, California, 90262. COMPANY agrees that it will not
cancel, reduce or otherwise modify said insurance coverage.
Agreement for Transit Services
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e) Cover the operations of the CONTRACTOR pursuant to the
terms of this Agreement and in the case of subcontractors,
CONTRACTOR shall cause said subcontractors to provide evidence of
insurance in the same amount and to the same extent as required of the
CONTRACTOR.
f) For any claims related to this project, the CONTRACTOR'S
insurance coverage shall be primary insurance as respects the entity, its
officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, or
volunteers shall be in excess of the Contractor's insurance and shall not
contribute with it.
6.7.5 Evidence of Insurance: CONTRACTOR shall furnish the CITY with
copies of original certificates and endorsements, including amendatory
endorsements, including amendatory endorsements, effecting coverage by this
clause. The endorsements should be on forms provided by the CITY or on other
than the CITY'S forms, provided those endorsements or policies conform to the
requirements. All certificates and endorsements are to be received and approved
by the CITY before work commences; however, failure to do so shall not
operate as a waiver of these insurance requirements. The CITY reserves the
right to require complete, certified copies of all required aforesaid insurance
policies, including endorsements affecting the coverage required by these
specifications at any time. The following documents must be provided as
evidence of insurance coverage to the CITY within five (5) calendar days prior to
beginning work under this Agreement:
a) A copy of the policy's declarations pages, showing the policy
effective dates, limits of liability and the Schedule of Forms and
Endorsement.
b) A copy of the endorsement naming the CITY as Additional
Insured, showing the policy number and signed by an authorized
representative, on Form CG2026 (ISO) or comparable.
6.8 Indemnification. CONTRACTOR possesses the skill necessary to perform the
Services under this Agreement, and CITY is relying upon the skill and knowledge of
CONTRACTOR to perform said services and duties. CITY and its respective elected and
appointed boards, officials, officers, agents, employees and volunteers (individually and
collectively, "Indemnitees") shall have no liability to CONTRACTOR or any other person
for, and CONTRACTOR shall indemnify, defend, protect and hold harmless
Indemnitees from and against, any and all liabilities, claims, actions, causes of action,
proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever
nature, including reasonable attorneys' fees and disbursements (collectively "Claims"),
Agreement for Transit Services
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which Indemnitees may suffer or incur or to which Indemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property,
loss of use of property, economic loss or other loss occurring as a result of or allegedly
caused by CONTRACTOR'S performance of or failure to perform any services under
this Agreement or by the negligent or willful acts or omissions of CONTRACTOR, its
agents, officers, directors, subcontractors, subconsultants or employees, committed in
performing any of the services under this Agreement. Notwithstanding the foregoing,
the provisions of this subsection shall not apply to Claims occurring as a result of the
CITY'S sole negligence or willful acts or omissions.
6.9 Compliance with Applicable Law. The CONTRACTOR and the CITY shall
comply with all applicable laws, ordinances and codes of the Federal, State, County and
CITY governments.
6.10 Independent Contractor. This Agreement is by and between the CITY and the
CONTRACTOR and is not intended, and shall not be construed, to create the
relationship of agency, servant, employee, partnership, joint venture or association, as
between the CITY and the CONTRACTOR. The CONTRACTOR shall be an
independent CONTRACTOR, and shall have no power to incur any debt or obligation
for or on behalf of the CITY. Neither the CITY nor any of its officers or employees shall
have any control over the conduct of the CONTRACTOR, or any of the
CONTRACTOR's employees, except as herein set forth, and the CONTRACTOR
expressly warrants not to, at any time or in any manner, represent that it, or any of its
agents, servants or employees are in any manner employees of the CITY, it being
distinctly understood that the CONTRACTOR is and shall at all times remain to the
CITY a wholly independent CONTRACTOR and the CONTRACTOR's obligations to the
CITY are solely such as are prescribed by this Agreement.
6.11 Copyright. No reports, maps or other documents produced i h ti ole or or in part
l
under this Agreement shall be the subject of an application for copyright y
of the CONTRACTOR.
6.12 Legal Construction.
6.12.1 This Agreement is made and entered into in the State of California and
shall in all respects be interpreted, enforced and governed under the laws of the
State of California.
6.12.2 This Agreement shall be construed without regard to the identity of the
persons who drafted its various provisions. Each and every provision of this
Agreement shall be construed as though each of the parties participated equally
in the drafting of same, and any rule of construction that a document is to be
construed against the drafting party shall not be applicable to this Agreement.
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6.12.3 The article and section, captions and headings herein have been
inserted for convenience only, and shall not be considered or referred to in
resolving questions of interpretation or construction.
6.12.4 Whenever in this Agreement the context may so require, the masculine
gender shall be deemed to refer to and include the feminine and neuter, and the
singular shall refer to and include the plural.
6.12.5 CONTRACTOR warrants and represents that prior to executing this
Agreement that they have consulted with an attorney, or have knowingly and
voluntarily chosen not to seek such consultation regarding this Agreement.
6.13 Counterparts. This Agreement may be executed in counterparts and as so
executed shall constitute an Agreement which shall be binding upon all parties hereto.
6.14 Files. All files of the CONTRACTOR pertaining to the CITY shall be and remain
the property of the CITY. The CONTRACTOR will control the physical location of such
files during the term of this Agreement and shall be entitled to retain copies of such files
upon termination of this Agreement.
6.15 Waiver; Remedies Cumulative. Failure by a party to insist upon the
performance of any of the provisions of this Agreement by the other party, irrespective
of the length of time for which such failure continues, shall not constitute a waiver of
such party's right to demand compliance by such other party in the future. No waiver by
a party of a default or breach of the other party shall be effective or binding upon such
party unless made in writing by such party, and no such waiver shall be implied from
any omissions by a party to take any action with respect to such default or breach. No
express written waiver of a specified default or breach shall affect any other default or
breach, or cover any other period of time, other than any default or breach and/or period
of time specified. All of the remedies permitted or available to a party under this
Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of
any such right or remedy shall not constitute a waiver or election of remedies with
respect to any other permitted or available right of remedy.
6.16 Partial Invalidity. If any provision in this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear
his or its own costs, expenses and attorneys' fees arising out of and/or connected with
the negotiation, drafting and execution of the Agreement, and all matters arising out of
or connected therewith.
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6.18 Notices. Any notice required to be given hereunder shall be deemed to have
been given by depositing said notice in the United States mail, postage prepaid, and
addressed as follows:
TO CITY:
Perry Brents
Director of Recreation and
Community Services
CITY of Lynwood
11301 Bullis Road
Lynwood, CA 90262
TEL (310) 603-0220, Ext. 433
FAX (310) 637-7784
Pbrents(a)lynwood.cs. us
TO CONTRACTOR:
Victor Caballero
President
All Trans Enterprises, DBA
Futura Taxi
1137 S Eastern Ave.
Los Angeles, CA 90262
TEL: (323)318-8400
FAX: (323) 318-8420
viccaballero(o)aol.com
6.19 Warranty of Authorized Signatories. Each of the signatories hereto warrants
and represents that he or she is competent and authorized to enter into this Agreement
on behalf of the party for whom he or she purports to sign.
6.20 Complete Agreement. This Agreement, including all exhibits and documents
incorporated herein and made applicable by reference, constitutes the complete and
exclusive statement of the term(s) and condition(s) of the agreement between CITY and
CONTRACTOR and it supersedes all prior representations, understandings and
communications. In the event of conflict between any of the documents constituting this
Agreement, the Agreement shall prevail over any other documents. The precedence of
the other documents shall be in the following order: a) this Agreement and all
subsequent amendments; b) Scope of Work (Exhibit A to Agreement); c) Contractor's
Proposal dated January 4, 2010, and its cost proposal dated December 9, 2009 (Exhibit
"C" to Agreement). The invalidity in whole or in part of any term or condition of this
Agreement shall not affect the validity of other term(s) or condition(s). Changes to any
portion of this Agreement shall not be binding upon CITY except when specifically
confirmed in writing by an authorized representative of CITY by way of a written
amendment to this Agreement and issued in accordance with the provisions of this
Agreement.
6.21 Waiver. CITY's failure to insist in any one or more instances upon
CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not
be construed as a waiver or relinquishment of CITY's right to such performance or to
future performance of such term(s) or condition(s) and CONTRACTOR's obligation in
respect thereto shall continue in full force and effect.
620 Conflict of Interest. The CONTRACTOR represents that no CITY employee or
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official has a material financial interest in the CONTRACTOR's business. During the
term of this Agreement and/or as a result of being awarded this contract, the
CONTRACTOR shall not offer, encourage or accept any financial interest in the
CONTRACTOR's business by any CITY employee or official.
ARTICLE 7
Operating Performance Standards
7.1 Complaints. All complaints, whether received by CITY or CONTRACTOR, shall be
responded to by the CONTRACTOR within four (4) business days of CONTRACTOR'S
receipt of the complaint, both written and verbal. The response shall be in writing and
shall specifically address the complaint and explain the reason for the events which
precipitated the complaint. A copy of each letter sent by CONTRACTOR responding to
the complaints shall be sent to CITY.
7.1.1. Response. CITY and CONTRACTOR shall investigate and document all
complaints or citizen concerns as part of program administration by collecting
and sharing as much pertinent information regarding the complaint and the
circumstances surrounding the complaint. The CONTRACTOR shall provide the
CITY with appropriate documentation and justification on all complaints that
CONTRACTOR feels are unwarranted or that have extenuating circumstances.
The CITY shall determine appropriate actions to be taken as a result of
complaints with the cooperation of the CONTRACTOR.
7.1.2. Contractor Contact Information. CONTRACTOR shall provide a
Customer Service telephone line which shall be a toll-free call from anywhere
within the CITY of Lynwood to provide information and take dial -a -ride service
requests. Contractor must provide a toll-free call box at the Lynwood Senior
Center that visitors can use to call for a ride. Contractor shall pay for the monthly
phone line service cost. One TDD phone must also be provided for persons with
hearing impairments. All personnel should be trained to respond accurately and
professionally. All comments and complaints shall be received by the CITY and
logged on a mutually agreed upon complaint form and referred to the
CONTRACTOR who shall respond the next working day with a description of any
follow-up action taken or anticipated. CONTRACTOR must have a facsimile
machine compatible with the CITY's and email capabilities.
7.1.3. Report. Operational problems, accidents, incidents and passenger
complaints and any actions taken regarding these events shall be report
immediately to City for follow-up with the Contractor to confirm that the problem
has been investigated and corrected and/or resolved. Passenger complaints
related to safety or serious operational deficiencies shall be reported by phone to
the CITY no later than the next working day following CONTRACTORS receipt of
the complaint.
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7.2 Probationary Period. CITY desires to provide its residents with a high quality
Dial -A -Ride service. To that end, CONTRACTOR shall strive at all times to provide
service in a manner which will maximize productivity and, at the same time, maximize
customer service. CONTRACTOR shall also operate vehicles with due regard for the
safety, comfort and convenience of passengers. For the initial (90) days of operation
under this contract, CITY and CONTRACTOR will monitor performance against the
following performance categories: on-time window, shared rides, customer
complaints, administration, driver appearance and vehicle maintenance
measures. At the end of the initial (90) days, CONTRACTOR agrees to the said listed
performance standards and that the penalties as stated in Section 7.3 are reasonable
for accomplishing the CITY's objectives.
7.3 Penalties for Performance Deficiencies. Penalties will be assessed by City in
the following categories: on-time performance, shared rides, customer complaints,
administration, driver appearance and maintenance. Nonperformance by
CONTRACTOR and/or serious violation of service standards will result in assessment
of penalties up to and including termination of contract. All liquidated damages
assessed against the CONTRACTOR will be deducted from the monthly invoices by the
same amount. The CITY's Director of Recreation and Community Services shall
maintain the right to assess liquidated damages against CONTRACTOR, as set forth
below, based on CONTRACTOR's failure to meet the established standards.
Circumstances beyond the control of the CONTRACTOR, causing the CONTRACTOR
to fail to comply with the stated performance requirement, will be considered as just
cause on the part of the CITY not to assess liquidated damages against the
CONTRACTOR, at City's sole discretion.
7.3.1 Shared Ride - when more than one qualified passenger shares the same
pick up and destination points and CITY is only billed for one rider
The standard shall be to maintain 6% of the rides as shared rides for the
first year of the term, 8% for the second year of the term, and increasing
by 2% each year thereafter if the term is extended. Notwithstanding the
foregoing, CONTRACTOR should attempt to reach the goal of 15%.
Monitoring: CITY staff will verify on a weekly and monthly basis through its
data reconciliation process.
Penalty: $10.00 per trip below the percentage standards described above.
No penalty will be assessed for the first 3 months of the Term of this
Agreement. Thereafter, CITY will monitor the standard against the
CONTRACTOR's performance and, at CITY's discretion, shall either
adjust the standard in writing, with the written consent of CONTRACTOR,
based on CONTRACTOR's past performance levels.
Agreement for Transit Services
Futura Taxi
Page 13 of 30
7.3.2 Driver Appearance
The standard shall be ensuring all operators are in the required uniform
and are well groomed while operating the Services.
Monitoring: City spot checks and customer complaints.
Penalty: $20 per incident after second violation involving the same driver.
7.3.3 Customer Complaint
The standard shall be to maintain less than three preventable customer
complaints (as determined by CITY) per month with 100% CONTRACTOR
compliance for written responses within four business days.
Monitoring: CITY monitors complaints on a daily basis.
Penalty: $25 per preventable complaint if the CITY receives three (3) or
more verified complaints per month in excess of the standard.
All service complaints including, but not limited to; missed pick ups, late
pick ups (more than 20 minutes past the scheduled pick up time),
inappropriate advertising or graffiti, and rude behavior (including asking for
or demanding tips), whether written or verbal, shall be reported to the
CITY.
7.3.4 Administration
All required paperwork shall be submitted on time and accurately as set
forth under Exhibit "A", Paragraph 9 as well as all other tasks under
Exhibit "A".
Monitoring: CITY staff will verify statistics weekly and monthly through its
data reconciliation process.
Penalty: In the event of known omission or falsification of operating
statistics or any other documents, Agreement is subject to immediate
termination.
If any regulatory agency or funding source penalizes the CITY for late,
incomplete or inaccurate data which was the CONTRACTOR'S
responsibility to collect and/or provide to the CITY, the liquidated damages
shall be the amount of the penalty and any administrative costs incurred
by the CITY.
Agreement for Transit Services
Futura Taxi
Page 14 of 30
7.3.5 Trip On -Time Widow.
The standard shall be to provide the required or scheduled services within
a 20 minute window.
Monitoring: CITY staff will verify on a weekly and monthly basis through its
data reconciliation process.
Penalty: $25 for each occurrence below the 90% on-time standard
7.3.6 Maintenance/Cleanliness of Vehicles.
Vehicles are to be properly maintained, fully operable, body damage free,
road- worthy, & clean while in service.
Monitoring: CITY road spot checks and customer complaints.
Penalty: $50/vehicle per incident of in-service vehicle not meeting
cleanliness, body -damage free standards if such condition continues to
exist following at least 5 days' prior written notice by the CITY of the
condition.
7.3.7 Vehicle Air Conditioning
Vehicles shall be maintained so that air conditioning is operational on all
vehicles used in pull-out.
Monitoring: CITY spot checks and customer complaints.
Penalty: $50/vehicle per incident of vehicle being operated in-service with
inoperable air conditioning.
ARTICLE 8
Materials/Vehicles to be provided by Contractor
8.1 Program Booklets. CONTRACTOR at own expense shall provide CITY with
Dial -a -Ride program booklets, each booklet shall contain six (6) -coupons to be used for
taxi service payment by qualifying participants. A minimum of 300 booklets shall be
made available to CITY on or before the 10th calendar day of the month for distribution
on the first Monday of each month. Number of booklets may increase based on the
number of trips that CONTRACTOR estimates per month. City reserves right to revise
distribution schedule.
Agreement for Transit Services
Futura Taxi
Page 15 of 30
8.2 Alternative Fuel Vehicles. CONTRACTOR shall provide five (5) new alternative
fuel taxis for the City's Dial -A -Ride service by October 1, 2010.
8.3 Marketing/Public Outreach:
8.3.1 CONTRACTOR shall provide the CITY with brochures, fliers, other
documents necessary for the advertisement of the program.
8.3.2 CONTRACTOR must refer all media requests (i.e. interviews, TV news
appearances, telephone conferences) to the CITY and may not provide any
information without prior approval by the CITY.
8.3.3 CONTRACTOR shall cause drivers and supervisors to cooperate and
comply with reasonable requests by the CITY to distribute notices, schedules or
other promotional materials to passengers in connection with the services
provided. The CITY may also request CONTRACTOR's personnel to collect data
from passengers by handing out survey forms.
8.3.4 CONTRACTOR shall participate in CITY's special events as requested by
CITY. These events may require CONTRACTOR to display service vehicles in
addition to providing manpower for a display booth for distributing brochures
regarding CITY's transit services. CITY may request up to four times per year
that CONTRACTOR provide two vehicles, up to 5 passenger with drivers for
CITY use during special events for the purpose of transporting dignitaries or
CITY officials related to the event. This shall be provided at no cost to CITY and
will require a minimum of a one week notice to CONTRACTOR.
8.3.5 CITY may -request "special" services from the CONTRACTOR from time to
time to accommodate staff or residents to a specific location for a specific event.
CITY will provide the Contract with a minimum of one week advanced notice for a
maximum of 5 passengers. CITY will pay the service at the stipulated meter rate
as set forth under this Agreement.
ARTICLE 9
Operating During a Declared Emergency
9.1 Transportation Assistance. Upon declaration of any emergency by the City
Council or CITY Manager or his designated representative, CONTRACTOR may be
responsible for a number of transportation -related activities, including the development
of emergency travel routes, and the coordination with other agencies supplying common
carrier services. In the event of a declared emergency, CONTRACTOR shall make
available all program vehicles to CITY, report to a designated CITY parking area
immediately and deploy vehicles in a manner described by City Manager or his
designee as part of CITY's Emergency Response Plan.
Agreement for Transit Services
Futura Taxi
Page 16 of 30
9.2 Costs. The CITY shall be obligated to compensate CONTRACTOR for services
which significantly exceed the normal expense of operating the service during such
period of declared emergency. CONTRACTOR shall be required to document and
maintain all emergency -related services as requested by CITY and provide these
documents to CITY at the declared conclusion of the emergency.
This Agreement is executed on this ! day of April, 2010, at Lynwood, California, and
effective as of April 1, 2010.
ATTEST:
i
'-Aiinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
CITY
CITY OF LYNWOOD, a municipal corporation
Ma iar T. Santillan, Mayor
APPROVED AS TO CONTENT:
Roger L. H lev, ' ger
COMPANY
Futura Taxi Cooperative, Inc:
a California corporation qualified to do
business in.Catifocoia
Title:
AGENDA STAFF REPORT
'tT 0
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Manage
PREPARED BY: Perry Brents, Director - Recreation & Community Services /
SUBJECT: Request from the Office of California State Assembly Member
Carlos Lara to co-sponsor a Gospel Brunch
Recommendation:
Staff recommends that the City Council review a request from the Office of California
Assembly Member Carlos Lara for City support and co-sponsorship of a Gospel Brunch
to celebrate African American History Month and provide further direction.
Background:
The Office of California Assembly Member Carlos Lara has submitted a request seeking
the City of Lynwood's assistance and support in co -sponsoring community -wide Gospel
Brunch to celebrate African American History Month tentatively scheduled for Friday,
February 3, 2012 from 10 a.m. -12 p.m. inside Bateman Hall.
Discussion & Analysis:
State Assembly Member Carlos Lara is seeking the City's support to co-sponsor a
gospel brunch to celebrate African-American History Month by providing the use of
Bateman Hall, and staff assistance, in staging an event for 200 people. The invited
guests would include members of the Lynwood clergy, block -watch captains, and all
Lynwood churches. This event would be open to the public with no admission fee.
The Assembly Member is seeking support from the City of Lynwood in the form of:
• Providing the use of the Bateman Hall Auditorium
• Event Set-up for 200 people
• Set-up for sign -in tables and food stations
• Event break -down and clean-up
2(o_
In accordance with the City of Lynwood's Donation/Fee Waiver Policy, the co-
sponsorship of this event would serve to support the important public purpose of
providing social interaction amongst a significant amount of Lynwood residents while
providing a civic and community oriented program that can be enjoyed by Lynwood
residents and businesses.
Fiscal Impact:
• Base Rental Fee
$
385
• Linen
$
80
• Insurance
$
126
• Security
$
120
• Set-up/breakdown/clean-up
$
180
Total Estimate: $891
Coordinated with:
City Manager
Finance Department
City Attorney's Office
2
Delania Whitaker
From: Jose Trejo
Sent: Wednesday, January 11, 2012 9:49 AM
To: Delania Whitaker
Subject: FW: Gospel Brunch to Celebrate African American History Month
Please attach to the item. Thanks.
From: "Juarez, Julia" <Julia.Juarez(Zr asm.ca.gov>
Date: January 10, 2012 3:29:37 PM PST
To: "Aide Castro (acastro(i0ynwood.ca.us)" <acastro(@,lynwood.ca.us>
Subject: Gospel Brunch to Celebrate African American History Month
Dear Councilmember Castro,
Thank you very much for meeting with me this morning. We are delighted to partner with the
city of Lynwood to host our community Gospel Brunch to celebrate African American History
Month on February P. As promised, following is detailed information for the event:
Event Date and Time: Friday, February 3d from l Oam-12 noon.
All our community will be invited to attend this free event.
Lynwood's sponsorship will include the following:
Use of Bateman Hall from lam for set up to 2pm for the event and clean up.
Tables and chairs for 200 people
State of the City set-up with round tables for guests.
Three areas set-up with square tables for food stations: cold, warm and drinks
Area set-up with a square table for book signing
As discussed, we are interested in inviting members of all our churches in the city. As such, I
would greatly appreciate your assistance with the contact information for all the clergy in the
city. We would also like to invite all the block -watch captains and their neighbors, so if you can
provide us with that list we also appreciate it.
Finally, we would also like to invite the young boy who performed at your swearing in ceremony
to perform at the event as well if he's available.
Thank you so much for working with us. We are thrilled to work with Lynwood on this very
important event.
Best regards,
Julia
Julia Svetlana Juarez
Assembly Member Ricardo Lara, 50`x' District
12132 Garfield Avenue
South Gate, CA 90280
Tel. (562) 529-3250
Fax (562) 529-3255
Email: Julia.Juarez@asm.ca.gov
AGENDA STAFF REPORIr
i1lillDf•
DATE: January 17, 2012
TO: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Agency Board
APPROVED BY: Roger L. Haley, City Manager/Executive Direct
PREPARED BY: Fred Galante, City Attorney/Agency Counsel
Robert S. Torrez, Assistant City Manager tr
Lorry Hempe, Budget and Intergovernmental Affairs Manager
SUBJECT: Resolutions Regarding the Forgiveness of Loans by the City of
Lynwood and Lynwood Redevelopment Agencies per AB 936
Recommendation:
Staff recommends that the City Council and Agency Board adopt the following
resolutions entitled:
1) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, REGARDING FORGIVENESS OF LOANS TO PUBLIC BODIES
AS REQUIRED BY AB 936"
2) "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY,
CALIFORNIA, REGARDING FORGIVENESS OF LOANS TO PUBLIC BODIES
AS REQUIRED BY AB 936"
Background:
Assembly Bill 936, adopted in the last session of the Legislature, became effective
January 1, 2012. AB 936 arose out of a controversial decision by the city council in San
Diego to waive repayment of a certain loan it had given to its redevelopment agency.
The effect of AB 936 was described by the California State Senate as follows: "This bill
would require that any time a city, county or RDA forgives a debt of the other; it must
adopt a resolution making specified findings." In addition, cities, counties and RDAs are
required to adopt a resolution by February 1, 2012, stating whether or not they forgave
any loans, advances, or indebtedness between January 1, 2010, to December 31,
ITEM
207
2011, owed by an RDA or a public body. The resolution must be sent to the State
Controller.
Discussion & Analysis:
AB 936 requires two resolutions to be adopted by February 1, 2012. The first resolution
is by the RDA declaring whether the RDA has waived or forgiven any loan it gave to a
"public body" (not defined in the law) between January 1, 2010 and December 31, 2011,
and, if it has, to describe the loan recipient, loan terms, and amount forgiven. The
second resolution is by the City Council declaring whether it waived or forgave any
loans to the RDA during the same time period.
Staff has determined that the RDA did not waive or forgive any loan given to a "public
body" during that time period (in fact there were no such loans given by the RDA) and
has also determined the City did not waive or forgive any loans to the RDA in that time
period.
Even though the RDA will be dissolved as of February 1, 2012 due to the California
Supreme Court's ruling in CRA v. Matosantos (which upheld AB1x26 and invalidated
AB1x27), the RDA will be operating in the month of January, i.e., during the time period
in which the resolutions are required to be adopted. Staff is recommending the RDA
and City Council each adopt the AB 936 resolutions.
Copies of the adopted resolutions are required to be filed with the State Controller within
10 days after their adoption.
Fiscal Impact:
None
Coordinated With:
City Attorney
Community Development
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA REGARDING FORGIVENESS OF LOANS TO PUBLIC BODIES AS
REQUIRED BY AB 936
WHEREAS, the City of Lynwood ("City") is a municipal corporation and a general
law city organized and existing under the Constitution of the State of California; and
WHEREAS, the Lynwood Redevelopment Agency, a public body, corporate and
politic ("Agency'), is the redevelopment agency performing redevelopment functions
within the territorial limits of the City pursuant to the California Community
Redevelopment Law (Health & Safety Code §§ 33000, et seq.); and
WHEREAS, the California Community Redevelopment Law, pursuant to Health
and Safety Code § 33354.8, requires that the City (a public body) adopt a resolution
after January 1, 2012 and prior to February 1, 2012, declaring whether or not it has
forgiven, during the period of time commencing January 1, 2010, and ending December
31, 2011, the repayment, wholly or partially, of a loan, advance, or indebtedness that
has been owed by the Agency to the City; and
WHEREAS,. Health and Safety Code § 33354.8 also requires that within ten (10)
days after the adoption of the resolution, the City transmit a copy of the resolution to the
California State Controller.
NOW, THEREFORE, the City Council of the City of Lynwood resolves as follows:
Section 1. Based upon the best knowledge of City staff and the City Council,
during the period between January 1, 2010, and December 31, 2011, the City has not
forgiven the repayment, wholly or partially, of a loan, advance, or indebtedness that has
been owed by the Agency to the City.
Section 2. Not later than ten (10) days after the adoption of this Resolution,
the City Clerk shall transmit a copy of this Resolution to the California State Controller.
PASSED, APPROVED and ADOPTED this 17th day of January, 2012.
Jim Morton, Mayor
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
APPROVED AS TO CONTENT:
Roger L. Haley, City Manager
2
RESOLUTION NO.
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY,
CALIFORNIA, REGARDING FORGIVENESS OF LOANS TO PUBLIC BODIES
AS REQUIRED BY AB 936
WHEREAS, Health & Safety Code Section 33354.8 requires the adoption,
on or before February 1, 2012, of a resolution stating whether or not the
repayment, wholly or partially, of a loan, advance, or indebtedness owed by a
public body to a redevelopment agency or by a redevelopment agency to a public
body, has been forgiven during the period of time commencing January 1, 2010
through December 31, 2011; and
WHEREAS, during the period of time commencing January 1, 2010
through December 31, 2011, there were no loans, advances or indebtedness
from the Redevelopment Agency of the City of Lynwood ("Agency") to any public
body outstanding; and
WHEREAS, during the period of time commencing January 1, 2010
through December 31, 2011, there were no loans, advances or indebtedness
from any public body to the Agency that were forgiven wholly or partially.
NOW, THEREFORE, based on the evidence presented to the Agency,
including the written staff report and oral testimony on this matter, the Agency
does hereby find, determine and resolve as follows:
Section 1. During the period of time from January 1, 2010 through
December 31, 2011, the Agency did not forgive, wholly or partially, any loans to
any public body.
Section 2. During the period of time from January 1, 2010 through
December 31, 2011, no public body forgave, wholly or partially, any loans to the
Agency.
Section 3. The Agency Secretary shall transmit a copy of this resolution
to the City Council of the City of Lynwood and to the Office of the State Controller
within 10 days of the adoption of this resolution.
,Section 4. The Agency Secretary shall certify as to the adoption of this
resolution and shall cause the same to be processed in the manner required by
law.
PASSED, APPROVED AND ADOPTED this 17th day of January, 2012.
ATTEST:
Maria Quinonez, Secretary
APPROVED AS TO FORM:
Fred Galante, Agency Counsel
Jim Morton, Chair
APPROVED AS TO CONTENT:
Roger L. Haley, Executive Director
aAGENDA STAFF REPORT
DATE:
January 17, 2012
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Roger L. Haley, City Managarr , ;eC
PREPARED BY: Perry Brents, Director of Recreation & Community Services
SUBJECT: Reinstatement of Boards and Commissions
Recommendation:
Staff recommends that the City Council review the staff report and provide further
direction.
Background:
Mayor Jim Morton requested that City Council consider reinstating the
Community Affairs/Recreation and Parks Commission, the Veterans Affairs
Council, and the Senior Advisory Council.
Discussion and Analysis:
On January 18, 2011 to promote efficiency save City resources and conserve on
City staff time, the City Council voted to discontinue use of several City of
Lynwood commissions and boards. City Council directed staff to prepare an
appropriate Ordinance amending the Lynwood Municipal Code to discontinue
several commissions and boards; directing that certain other boards be merged.
Ordinance number 1639 was adopted on May 3, 2011 effectively removing
references to several City commissions and boards, including the Community
Affairs/Recreation and Parks Commission, the Veterans Affairs Council, and the
Senior Advisory Council.
Mayor Jim Morton has requested the Council consider reinstating the Community
Affairs/Recreation and Parks Commission, the Veterans Affairs Council, and the
Senior Advisory Council. In consideration of reinstatement, the Lynwood
Municipal Code would have to be amended to reinstate each of the stated
ITEM
2�
Boards and Commissions — this includes revision to Section 2-3, entitled
COMMUNITY AFFAIRS COMMISSION, and all subsections thereunder. Section
2-4 entitled RECREATION AND PARKS COMMISSION and all subsections
thereunder. Section 12-3.2 Membership of Subsidiary Public Bodies of the
Lynwood Municipal Code would have to be written to amend the section to
reinstate the Senior Advisory Council. Section 12-3.2 of the Lynwood Municipal
Code was rewritten in its entirety and may need to be amended.
Fiscal Impact:
At the time that the commissions and boards were dissolved fiscal impact was
estimated at $38,000 per year on board members' compensations, legal
expenses, minute clerks, and other related expenses. Reinstating the
commissions and boards will also require/incur costs related to legal fees.
Coordinated With
City Manager
Finance Department
City Attorney's Office