HomeMy Public PortalAboutA1985-03-19 CC (2)AGENDA ITEMS ON FIiF FOR CONSIDERATION
AT THE MEETING OF THE LYNWOOD CITY COUNCIL
TO BE HELD ON MARCH 19, 1985
IN THE COUNCIL CHAMBERS
7:30 p.m.
OPENING CEREMONIES
1. [ALL TO ORDER
�. INVOCATION - REVEREND CHAMP SINGLETERPY
FIRST BAPTIST CHURCH OF LYNWOOD
3. PLEDGE OF ALLEGIANCE
4. ROLi CAL| OF COUNCILMEN
Robert Henninq
E. L. Morris
James E. Rowe
Louis A. Thompson
John D. Bvor�
5. MINUTES OF PREVIOUS MEETINGS:
Regular Meeting - February 19, 1985
Adjourned Regular Meeting - February 25, 1985
b. PROCLAMATION: NONE
7, COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY AGFNDA
S. PUBLIC HEARING:
iUCAL IMPLEMENTATION OF AB-866 (OVERSIZED TRUCk ACCESS)
Comments:
9tate legislation AB-866 requires local agencies to
establish routes for oversized truck access. The City
needs to set a procedure for permit review and to
establish application fees. The League of California
Cities recommends and the Traffic and Parting Commission
voted unanimously to support an Ordinance to set up the
permit system.
Recommendation:
It is recommended that the City Council after receiving
p1slir imput waive reading and introduce the attached
nrdinRnce entitled, "AN ORDINANCE AMENDING CHARTER 19 OF
THE LYNWOOD MUNICIPAL CODE BY ADDING ARTIrLE VIII
RFLATING TO INTERSTATE TRUCVS, "and adopt the attached
resolution entitled: "A RESOLUTION OF THE [TTY rn||mrT/ ni=
rITY COUNCIL MEETTNG MARCH 19, 1985
CONSENT CALENDAR NOTICE
All matters listed under
bv one Motion affirming
There will be no separa
voting unless members of
items bp removed from the
the Consent Calendar will be acted upon
the action recommended on the Agenda.
te discussion on these items prior to
the Council or staff request specific
Consent Calendar for separate action.
9. EARTHQUAW/FLOOD COVERAGE
rommentF:
Earthquake and flood insurance on the annex is a
requirement for bloch grant funding through the contract
with Los Angeles County. It is anticipated that
entitlement status will become effective in July, 1985 and
the insurance coverage will no longer be required.
Cancellation of the policv may result in a refund to the
City, which is less than the cost which the County will
reimburse.
Rer(/mmendation:
io"mril direct cancellation of anne: earthquake and flood
coverage if and when this is no longer a requirement for
hlock grant funding, and note that general funds mav be
used for the difference between the City's cost for
coverage and the County's calculation of its share.
10. STORM DRAIN IMPROVEMENT PROJECT - ATLANTIC AVENUE AND CENTU%
BOULEVARD (Project No. 5-5011)
Pomments:
Subject project was advertised for bid February 20, 1985.
Bid opening was held March 6, 19R5. The apparent low
bidder was Sullv-Miller Contracting Company at $187,284.
This project is listed under FY 1984-85 CIP Schedule and
is funded under the Gas Tai 2107 Fund. The total cost of
the project, including construction, inspection and
administration is estimated at $235,00u.
Recommendation:
It is recommended that the Lity Council award a contract
to the lowest bidder, Sull/-Miller Contracting Company,
based nn their bid of $18",T84.
11. UPGRADE TRAFFIC CONTROL ASSEMBLIES FOR THE INTERSECTIONS AT
ALAMEDA/CFNTURY AND CENTURY/NORTON
Comments:
New
controller assemblies are needed at Alameda/Century
and
Century/Norton.
The new
equipment will
reduce
maintenance
and improve operations.
The proposed
contract
is
for the
purchase of equipment
only. The installation
will
be
hv City Maintenance
Crews' Thm
CITY COUNCIL MFFTING MARCH 19, 1985
12. ED(DF'MENT RFPLACEMENT: FIRE PUMFER, LEASE PURCHASF
romments:
Fire Pumper Enqine No. 32 (18 years old) is due for
replacement. An opportunity to save $15,000 to $18,000 in
buyinq a Fire Pumper has become available with a piggyback
]ease purchase on an order of 18 pumpers by the City of
San Diego, Santa Barbara and possibly others. The total
sale price is $150,684.19 with a down payment of $25,000
to be made at the time of delivery (October 1985).
Recommendation.'
It is recommended that City Council adopt a Resolution
authorizing staff to negotiate a Lease Purchase Agreement
with Fmerqencv One, Inc., for the Lease Purchase of one
Emergency One Fire Pumper as per proposal.
11. REPUEST FOR AHTHORIZATION TO APPROVE STAFF`S RECOMMENDATION
TO HIRE PROFESSIONAL SERVICES IN SUPPORT OF THE CITY`�
COMM(|NITY DEVELOPMENT BLOPh GRANT (CDBG) F'RORRAM FOR FISCAL
YEAR 1985/86
Comments:
The City's first qrant application for CDBG funds as an
entitlement City requires complex data documentation
in a relativel`/ short time, as well aF the need for a
fiscal review. On February 5, 1985, City Council approved
staff's request to issue a request for proposal (RFP) to
obtain the services of a qualified outside agency to
assist in the preparation and submittal of a grant
application tn the Federal Department of Housing and Urban
Development (HUD) for Fiscal Year 1985/86. Six proposalIF:
were received in response to the RFP and have been
reviewed bv staff.
Recommendation:
Staff respectfully requests the City Council to authorize
approval of staff's recommendation of Mark Briggs and
Associates tn provide consultant services in support of
the City's CDBG program for Fiscal Year 1985/86 in an
amount not to etceed $20,000, and authorize the Mavnr to
sign the contract agreement. Final terms and conditions of
the contract will be subject to City Attorney approval.
14. REQUEST FOR COUNCIL SELECTION OF A LEGAL FIRM TO PROVIDE CITY
F'ROSECUTION SERVICES IN SUPPORT OF THE CITY'S CODE
ENFORCEMENT PROGRAM
i`nmments:
To tontinue using [nmmunity Development Block Srant (CDBG)
funds for City Prosecutor services beyond March 31, 1985,
the City must select a qualified legal firm and enter into
an agreement for services on or before referenced date.
On February 5, 1985, City Council directed staff to i=sue
rITY COUNrT| MEETING MARCH 19, 1985
15. PAYMENT OF BILLS - WARANT REGISTER DATED MARCH 19, 1985
Recommendation:
Lounril approve warrant register dated March 19 1985
CITY_CLERk.S_A8ENDA
16. NOMINATIONS: HOUSING AND COMMUNITY DEVELOPMENT ADVISORY
BOARD - VACANCY (1)
INFORMATIONAL ITEMS
REGULAR MEETING FEBRUARY 19, 1985
The City Council of the City of Lynwood met in a regular
session in the City Hall, 11330 Bullis Road, on the above
date at 7:30 p.m.
Mayor Byork in the chair.
Councilman Henning, Morris, Rowe, Thompson and Byork
answered the roll call.
Also present were City Manager Gomez and Assistant City
Attorney Feldman.
The Mayor announced the time had arrived to conduct a
public hearing on the appeal of the Planning Commission's
decision revoking Conditional Use Permit for general auto-
motive business at 10801 Long Beach Boulevard. He stated
that on February 8, 1983, the Planning Commission approved
the CUP on the property subject to 19 conditions agreed to
in writing. On January 10, 1984, the Planning Commission
considered a possible revocation after review of the case.
It appeared, for the most part, that the applicant had
complied with the conditions. He was allowed ninety days
in which to completely comply. On January 8, 1985, the
Planning Commission again considered the revocation of
the CUP, and determined that Mr. Terriquez had not complied
with conditions imposed, and unanimously voted to revoke
the CUP. Council discussed whether or not to hold the
public hearing. Councilman Morris was in favor of hearing
the matter. Councilman Henning felt the applicant should
pay the $150 appeal fee before it is heard. Director
Importuna informed the City Manager that a check received
for the fee had been returned and when an attempt was made
to reach Mr. Ramirez, his telephone was disconnected. The
City Attorney explained that without the money, the appeal
is not valid. The Mayor asked if anyone present wished to
speak for or in opposition to the public hearing.
Mr. Morales, 3654 Josephine Street, Lynwood, through a
Spanish interpretation by Vicente Mas, indicated he was
unaware the money was not there to back up the check. After
discussion, it was moved by Councilman Rowe, seconded by
Councilman Henning, to continue the case until the first
meeting in March.
ROLL CALL
Ayes: Councilmen Henning, Morris, Rowe, Thompson
Noes: Councilman Byork
Absent: None
The Mayor announced the time had arrived to conduct a public
hearing on adoption of Building, Plumbing, Mechanical and
Electrical Codes, and amendment of Lynwood Municipal Code.
This is called for adoption by reference (with certain
exceptions) the 1982 Building Code, the 1982 Plumbing Code,
the 1982 Mechanical Code, and the 1984 Electrical Code.
The Mayor inquired if anyone present wished to speak in
favor of or in opposition to the ordinances. There was
no response and the public hearing was closed. After
discussion the following ordinances were presented:
PUBLIC HEAR
CUP 10801 Lc
Beach Blvd.
PUBLIC HEAR]
Adoption of
New Codes
1st Reading AN ORDINANCE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
Plumbing THE CITY OF LYNWOOD ADDING CHAPTER 26 UNIFORM PLUMBING CODE,
Code TO THE CODE OF THE CITY OF LYNWOOD THEREBY ADOPTING BY REF-
ERENCE THE UNIFORM PLUMBING CODE, 1982 EDITION, AND REPEALING
ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH."
lst Reading AN ORDINANCE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
Mechanical THE CITY OF LYNWOOD ADDING CHAPTER 17A, UNIFORM MECHANICAL
Code CODE, TO THE CODE OF THE CITY OF LYNWOOD THEREBY ADOPTING BY
REFERENCE THE UNIFORM MECHANICAL CODE, 1982 EDITION, AND RE-
PEALING ALL OTHER ORDINANCES OR PARTS THEREOF IN CONFLICT
HEREWITH."
1st Reading AN ORDINANCE entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
Electrical THE CITY OF LYNWOOD PROVIDING FOR THE PROTECTION OF PUBLIC
Code HEALTH, LIFE AND SAFETY THROUGH ADOPTION BY REFERENCE OF THE
NATIONAL ELECTRICAL CODE, 1984 EDITION, ESTABLISHING THE
COMMUNITY DEVELOPMENT DEPARTMENT AS THE CONTROLLING AUTHORITY,
ADDING AN APPEAL PROCEDURE, AND REPEALING ALL OTHER ORDINANCES
OR PARTS THEREOF IN CONFLICT HEREWITH."
It was moved by Councilman Thompson, seconded by Councilman
Rowe, to waive reading and introduce above ordinances for
first reading.
ROLL CALL
Ayes: Councilmen
Noes: None
Absent: None
CONSENT CALENDAR
Henning, Morris, Rowe, Thompson, Byork
All matters listed under the consent calendar were acted upon
by one motion affirming the action recommended on the Agenda
unless members of the Council or staff requested specific items
removed for separate action.
Councilman Henning requested Item No. 14, Equipment Purchase of
Three Sedans. The following action was taken:
RES NO. 85- 12 RESOLUTION NO. 85 -12 entitled: "A RESOLUTION OF THE CITY COUNCIL
Loan to OF THE CITY OF LYNWOOD APPROPRIATING FUNDS AS A LOAN TO THE
L RA LYNWOOD REDEVELOPMENT AGENCY." was presented.
Council Review of the Annual Report of the Lynwood General Plan,
was presented.
RES NO.
85- 13 RESOLUTION NO. 85 -13 entitled: "A RESOLUTION OF THE CITY
COUNCIL
Deferred OF THE CITY OF LYNWOOD AMENDING SECTION 2.05, ITEM F #1,
OF THE
Payment
HOUSING REHABILITATION REGULATIONS MANUAL TO INCREASE THE
DEFERRED
Loans
PAYMENT LOAN LIMITS FROM $10,000 TO $15,000 FOR GENERAL REHABILI-
TATION AND FROM $16,000 TO $25,000 WHERE A ROOM ADDITION
IS NEEDED
TO ALLEVIATE OVER- CROWDED CONDITIONS." was presented.
RES NO.
85- 14 RESOLUTION NO. 85 -14 entitled: "A RESOLUTION OF THE CITY
COUNCIL
LeSage
OF THE CITY OF LYNWOOD AUTHORIZING AN APPROPRIATION OF ADDITIONAL
Prcj 5 -5030 FUNDS FROM THE GAS TAX 2107 FUND TO COVER THE COST OF THE
LE SAGE
STREET RECONSTRUCTION PROJECT NO. 5- 5030." was presented.
RES '.C.
= 5- i 6 RESOLUTION NO. 85 -16 entitled: "A RESOLUTION OF THE CITY
COUNCIL
Deman.]S
OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS
AND
- -- - -
ORDERING WARRANTS DRAWN THEREFOR." was presented.
Councilman Henning requested Item No. 14, Equipment Purchase Discussion
of three sedans and questioned if this item should--ha-Are gone sedans
to bid. Stated he had talked to a dealer who sold the same
Ford Escort for $6,100, and requested to see the calculations.
Staff stated that it took two months to order a car at the
lowest price plus time for the bid process. Being able to
negotiate the best price will save time. The $6,700 was the
average price of all the dealers he had contacted. After
discussion,
RESOLUTION NO. 85 -15 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LYNWOOD, FINDING THAT THE PURCHASE
OF THREE SEDANS CAN BE MORE ECONOMICALLY AND EFFICIENTLY
EFFECTED THROUGH THE PRICE NEGOTIATION PROCEDURE." was
presented. It was moved by Councilman Henning, seconded
by Councilman Morris, that the resolution be adopted.
ROLL CALL
Ayes: Councilmen
Noes: None
Absent None
CITY CLERK'S AGENDA
Henning, Mbrris, Rowe, Thompson, Byork
RES NO.85 -1E
Three Sedans
ORDINANCE NO. 1245 entitled: "AN ORDINANCE 07 THE CITY COUNCIL ORD NO.
OF THE CITY OF LYNWOOD AMENDING SECTION 19 -64 OF THE LYNWOOD 1245
CITY CODE RELATING TO PRIMA FACIE SPEED LIMITS." was presented Speed
for second reading. Limits
It was moved by Councilman Thompson, seconded by Councilman
Morris, and carried, to adopt the ordinance.
The City Clerk announced at the regular meeting of February 5 NOMINATION
1985, Councilman Henning nominated Barbara Fitts for the one HCDA BOARD
vacancy on the HCDA Board. Nominations were closed.
It was moved by Councilman Henning, seconded by Councilman APPT. OF
Morris, and carried to appoint Barbara Fitts to the Housing Barbara Fitt
and Community Advisory Board. HCDA Board
The City Clerk stated that there will be another vacancy VACANCY
on the HCDA Board with the resignation of Alfred Walker. HCDA Board
Nominations will be made at the regular meeting of March 5,
1985.
Request for charitable solicitation from St. Emydius Catholic SOLICITATION
Church for a Parish Festival on May 3 -5, 1985, was presented. St. Emydius
It was moved by Councilman Morris, seconded by Councilman
Thompson, and carried, that the request be approved.
INFORMATIONAL ITEMS
The City Manager stated an executive session would not be
needed.
The City Manager reminded Council that the annexation of ANNEXATION
County property at Alameda and Imperial was pending and wanted
to know if he should pursue it. Fire Chief Lathrope stated
that the County provides fire services, but water services
are inadequate in the area. After discussion, it was moved
by Councilman Rowe, seconded by Councilman Henning. anr3
Workshop The City Manager stated the budget workshop had been cancelled
cancelled on February 15, 1985. Council agreed to meet on Monday,
Budget February 25, 1985 at 5 p.m.
COUNCIL ORAL COMMUNICATIONS
C. MORRIS Councilman Morris stated in response to a letter received
Docking USS from the Mayor of Long Beach regarding possible docking of
Missouri in the USS Missouri in Long Beach, he suggested that Long
Long Beach Beach contact their representatives and the President,
including Congressman Dymally and Assemblywoman Waters,
to indicate Lynwood's approval.
C. MORRIS Councilman Morris stated that the Dial -A -Ride service
Dial -A -Ride had been expanded to be available on weekends beginning
March 2, 1985.
C. HENNING
Councilman Henning stated the Dial -A -Ride was a good
Dial -A -Ride and
Program and happy to see it expanded to Saturdays and
Youth Programs
Sundays. Also, would like to see Council start to help
with some of the Youth Programs including uniforms, etc.
C. ROWE - Charter Councilman Rowe inquired about a report he had previously
and Genl Law
requested on Lynwood becoming a Charter City. The City
Cities
Attorney explained the main difference between Charter
and General Law Cities was financial flexibility and
Home Rule rather than pre - emption by the State. Stated
his office would provide Council with a report that would
explain the matter in greater detail.
C. THOMPSON
"A"
Councilman Thompson requested a report regarding expendi-
Prop Monies
tures of Proposition "A" monies.
It was moved by Councilman Rowe, seconded by Councilman
Morris, and carried, to recess to the Lynwood Redevelopment
Agency meeting at 8:31 p.m. Council reconvened at 9:21 p.m.
There being no further business, it was moved by Councilman
Thompson, seconded by Councilman Morris, and carried, to
adjourn to February 25, 1985 at 5:00 p.m.
ANDREA L. HOOPER, City Clerk
APPROVED MARCH 19, 1985
JOHN D. BYORK, Mayor
ADJOURNED REGULAR MEETING FEBRUARY 25, 1985
The City Council of the City of Lynwood met in an
ad1ourned regular meeting in the City Hall, 11330 Bullis
Road, on the above date at 5:00 p.m.
Mayor Byork in the chair.
Councilmen Henning, Morris, Rowe, Thompson and Byork
answered the roll call.
Also present were City Manager Gomez, City Clerk Hooper
and Assistant to the City Manager Fraser.
The Mayor stated the purpose of the meeting was to review
the mid -year budget. The City Manager stated there were
three major items to be covered:
1. Natatorium
2. Parking Citation Collections
3. Resolution for the mid -year budget
Staff requested direction on the natatorium. If the
swimming pool continues to remain open, additional fund-
ing will be necessary. Staff would like to do a feasi-
bility study on a new utility system for the Recreation
Department with information provided by the Gas Company.
Staff requested Council approval on the budget as pre-
sented to year -end, and authorization of a feasibility
study. Councilman Thompson requested a report on the
usage of the pool. After discussion, it was moved by
Councilman Morris, seconded by Councilman Rowe, to
-� authorize staff to keep the natatorium open with an
additional funding and a feasibility study made with the
Gas Company.
ROLL CALL
Ayes: Councilmen Henning, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
The City Manager stated there were difficulties with the
parking citation program; revenues were down due to a
number of reasons. Assistant to the City Manager Fraser
explained the overall program, and explained in -house vs.
contract costs for parking citations. After discussion,
it was moved by Councilman Henning, seconded by Council-
man Thompson, to authorize staff to do a study on parking
citations in -house vs. contract costs and report back to
Council.
ROLL CALL
Ayes: Councilmen Henning, Morris, Rowe, Thompson, Byork
Noes: None
Absent: None
The City Manager stated operating expenditures for the
City have increased by approximately $94,000 over the
initial budget. This is partly due to salary increases
be charged to the self - insurance program since many
of the statements from the City Attorney are due to
liability cases.
Street lighting costs are substantially lower than
initial budget projections; thus, savings can be
carried over into the next year's budget.
Garage costs are up, and certain pieces of equipment
need replacement.
The Planning Department budget increased due to
professional service costs which were needed for
Lynwood Energy Systems project, and had not been anti-
cipated at the beginning of the year.
Sports and recreational services were up due to the
addition of recreation classes, and longer natatorium
hours, although costs will be borne by additional fees.
After discussion,
RESOLUTION NO. 85 -17 entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE FISCAL
YEAR 1984 -85 OPERATING AND CAPITAL IMPROVEMENT BUDGET
AND FUND BALANCE STATEMENT." was presented.
It was moved by Councilman Morris, seconded by Council-
man Thompson, that the resolution be adopted, and change
first column to read "Current Budget."
ROLL CALL
Ayes: Councilmen
Noes: Councilmen
Absent: None
Morris, Thompson, Byork
Henning, Rowe
The City Manager presented the following list of possible
articles for the City's Newsletter:
Alley Cleanup; Summer Jobs; Mid -Year Budget; Galloway
Project; Expanded Council Update; Increases in Emergency
Loans
Councilman Morris inquired if an ordinance or resolution had been
passed regarding the Newsletter.
After discussion, no decision was made.
The City Manager reminded Council that on the mid -year
budget, a number of new positions had been requested by
department heads; workshops will have to be held for
discussion of the positions.
There was no further business, and it was moved by
Councilman Morris, seconded by Councilman Henning, and
carried to adjourn to March 5, 1985.
ANDREA L. HOOPER, City Clerk
City of Lynwood
DATE: MARCH 19, 1985
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCI
FROM: JOSEPH Y. WANG, P.E DIRECTOR OF PUBLIC WQRKS , \
^' ' w��
CITY ENGINEER y�»�
u
SUBJECT: LOCAL IMPLEMENTATION OF AB-866
(OVERSIZED TRUCK ACCESS)
PURPOSE
To recommend that the City Council adopt the attached Ordinance
and Resolution pertaining to the local implementation of AB-866.
BACKbROUND
During the 1982 Congressional Session, Congress passed the
Surface Transportation Assistance Act, which included a federal
5 cents per gallon gasoline tax for highway improvement projects.
The legislation also provided for longer and wider trucks to
operate on a designated highway system. In order to implement
the Congressional mandate, the California State Legislature
passed AB-866 in 1983. The State legislation requires action by
the cities. A local process must be established to review and
designate terminal access routes in the local jurisdictions from
the designated State highway system.
The City Attorney has completed the review of laws dealing with
the access for oversized trucks and recommends that the City
adopt an ordinance setting the procedure for review and permits,
and a resolution establishing application fees.
The ordinance (1) requires staff's review of the applicant`s
proposed truck route and, (2) requires the construction of
improvements to correct deficiencies at the expense of the
applicant. The proposed resolution sets a review fee to recover
Cit'y costs involved in processing the applications.
The League of California Cities has recommended that cities adopt
ordinances concerning access for these larger trucks. The Traffic
and Parking Commission on its meeting of February 28, 1985,
voted unanimously to support the above referenced Ordinance and
Resolution.
RECOMMENDATION
It is recommended that the City Council adopt the attached
ordinance entitled, "AN ORDINANCE AMENDING CHAPTER 19 OF THE
LYNWOOD MUNICIPAL CODE BY ADDING ARTICLE VIII RELATING TO
INTERSTATE TRUCKS," and the attached resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNW8OD
ESTABLISHING FEES AND COSTS IN CONNECTION WITH SECTION 19-218
OF THE LYNWOQD MUNICIPAL CODE."
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ESTABLISHING FEES AND COSTS IN
CONNECTION WITH SECTION 19 -218 OF THE LYNWOOD
MUNICIPAL CODE
WHEREAS, the City Council has, by the passage of
Article VIII of Chapter 19 of the Lynwood City Code (Sections
19 -215 to 19 -222, inclusive) established a system for the
regulation of terminal facilities; and
WHEREAS, Section 19 -218 provides for the payment of
application fees and fees for the purchase and installation of
certain signs, with such fees to be established by resolution
of the City Council; and
WHEREAS, the City Council has reviewed written and
testimonial evidence concerning the costs that will be incurred
by the City of Lynwood in connection with the processing of
applications and acquisition and placement of signs and now
desires to establish fees and costs pursuant to Section 19 -218
based upon reasonable estimates thereof:
NOW, THEREFORE, the City Council of the City of Lynwood
does resolve as follows:
Section 1 . Pursuant to subsection (a) of Section 19 -218
of the Lynwood City Code, a non - refundable application fee of
two - hundred fifty dollars ($250.00) per proposed terminal and /or
its proposed access route(s) is approved. Such fee shall be paid
in full at the time such application is submitted.
Section 2. Pursuant to subsection (b) of Section 19 -218
of the Lynwood City Code, a non - refundable fee of seventy -five
dollars ($75.00) per sign is established for the purchase and
installation of terminal trailblazer signs which shall be payable
upon the approval of the terminal designation and route by the
City and by Caltrans.
Section 3 . The City Council finds and determines, based
upon the report prepared and submitted by staff and based upon
other substantial evidence in the record, written and oral, that
the fees set forth in Sections 1 and 2 hereof are reasonably
calculated to reflect the City's costs.
Section 4 . The fees established herein are subject to
revision at any time upon approval by an appropriate resolution
of the City Council.
Section 5 . This resolution shall become effective
immediately upon its adoption.
PASSED, APPROVED, and ADOPTED this day of
1985.
JOHN D. BYORK, Mayor
ATTEST: City of Lynwood
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood,
do hereby certify that the foregoing resolution was passed and
adopted by the City Council of the City of Lywnood at a regular
meeting held on the day of
AYES:
NOES:
ABSENT:
. 1985.
City Clerk, City of Lynwood
ORDINANCE
AN ORDINANCE AMENDING CHAPTER 19 OF THE
LYNWOOD CITY CODE BY ADDING ARTICLE VIII
RELATING TO INTERSTATE TRUCKS
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 19 of the Lynwood City Code is hereby
amended to add Article VIII thereto, consisting of Sections
19 -215, through 19 -222, to read as follows:
ARTICLE VIII
INTERSTATE TRUCKS
Sec. 19 -215. Definitions.
The following words and phrases shall have the meanings set
forth, and if any word or phrase used in this article is not
defined in this section, it shall have the meanings set forth
in the California Vehicle Code; provided that if any such word
or phrase is not defined in the vehicle code, it shall have the
meaning attributed to it in ordinary usage.
(a) "Terminal" means any facility at which freight is
consolidated to be shipped or where full load consignments
may be loaded and off loaded or at which the vehicles are
regularly maintained, stored or manufactured.
(b) "Interstate truck" means a truck tractor and
semitrailer or truck tractor, semi - trailer and trailer with
unlimited length as regulated by the Vehicle Code Section
35401.5.
(c) "Transportation Engineer" means the traffic
engineer of the City of Lynwood or his authorized
representative.
(d) "Caltrans" means the State of California
Department of Transportation or its successor agency.
Sec. 19 -216. Purpose.
The purpose of this article is to establish procedures for
terminal designation and truck route designation to terminals
for interstate trucks operating on a federally designated
highway system and to promote the general health, safety and
wel-l' of the public.
Sec. 19 -217. Application.
(a) Any interested person requiring terminal access
for interstate trucks from the federally designated highway
system shall submit an application, on a form as provided
by the City, together with such information as may be
required by the Transportation Engineer and fees required
pursuant to Section 19 -218 (a) of this Code to the City of
Lynwood. The application shall include the name and
address of the applicant, the location of the terminal, the
preferred route (and alternate routes if appropriate),
evidence that the terminal, if located within the City,
meets established criteria and that said terminal's parking
and entries are adequate and such other information as the
Transportation Engineer may require.
(b) Upon receipt of the application, the Transportation
Engineer will cause an investigation to be made to ascertain
whether or not the proposed terminal facility meets the
requirements for an interstate truck terminal. Upon his
approval of that designation, he will then determine the
capability of the route requested and alternate routes,
whether requested or not. Determination of route capability
will include, without limitation, a review of adequate
turning radius and lane widths of ramps, intersections,
streets and highways and general traffic conditions such as
sight distance, speed, and traffic volumes. No access of a
federally designated highway system will be approved without
the approval of Caltrans.
(c) Should the requested route pass through the City
of Lynwood to a terminal located in another jurisdiction,
the applicant, in addition to complying with subsection (a)
hereof, shall comply with the application process of that
jurisdiction. Coordination of the approval of the route
through the City will be the responsibility of the entity
which controls the land use of the terminal. Costs for
trailblazer signs shall be as provided in Section 19 -218 (b).
(d) No interstate truck may leave a designated terminal
access route in the City of Lynwood except at an entrance
to an authorized terminal.
Sec. 19 -218. Fees and Costs.
(a) The applicant shall pay a non - refundable
application fee, as established by the City by resolution,
sufficient to pay the cost of the review of the terminal
designation and the review of the route and alternate route.
(b) Upon the approval of the terminal designation and
route by the City and by Caltrans, the applicant shall
deposit with the City of Lynwood sufficient funds as
established by resolution of the City Council to pay for
the purchase and installation of terminal trailblazer
signs. Trailblazer signs will be required at every decision
point in the City on route to the terminal. No terminal or
route may be used until such signs as may be required are
in place. Costs for trailblazer signs may be proportioned
in accordance with the procedures in Section 19 -219 (c).
Sec. 19 -219. Modifications.
(a) If all feasible routes to a requested terminal
are found unsatisfactory by the Transportation Engineer,
the applicant may request that the Transportation Engineer
notify the applicant of deficiencies, whereupon the applicant
may request the modifications necessary to make the route
acceptable. All costs of engineering, construction and
inspection will be the responsibility of the applicant.
Except when the retrofitting of deficiencies is within the
jurisdiction of Caltrans, the actual construction will be
done by the City or by a contractor acceptable to it.
(b) In the event that any work to remedy deficiencies
is to be done by the City, the applicant shall deposit with
the City of Lynwood the estimated cost of such work. Adjust-
ments between the estimated and actual cost shall be made
after completion of the work and any difference between the
actual and the estimated cost shall be billed or refunded to
the applicant, as the case may be. When the work is done by
the applicant, the applicant may file with the Transportation
Engineer, on a form satisfactory to the Transportation Engineer,
a statement detailing the actual costs of construction for
the modifications. Modifications shall be limited to the
reconstruction of curbed islands, curb returns and appurtenant
structures; relocation of above - ground fixtures such as
traffic signs, traffic signal standards, traffic signal
controllers, street light standards and fire hydrants within
the curb return area; and intersection approach markings
together with traffic signal detection devices. Required
modifications shall not include reconstruction of any pavement
or street surface not related to the above.
(c) If at any time within 5 years from the date of
completion of the modification by the applicant, should any
applicant seek terminal approval which would use the route
upon which such modification was accomplished, any such
applicant's fee may include that applicant's proportionate
share of the modification, as determined by the Transportation
Engineer, which fee shall be disbursed by the City of Lynwood
to the applicant who paid for the retrofitting as well as
to any applicant who contributed to the cost of retrofitting
under this subsection. Nothing herein shall require the
payment of a proportionate fee if the applicant doing the
work failed to file the report with the Transportation
Engineer required by subsection (b) above.
Sec. 19 -220. Revocation of Route.
The Transportation Engineer may revoke any approved terminal
or route if the terminal or route becomes a traffic hazard for
vehicular traffic or if there is a failure to pay the fees or
costs payable by the applicant pursuant to this Code. A traffic
hazard includes the inability of interstate trucks to negotiate
the route or said vehicles causing unsafe driving conditions for
other vehicular traffic or pedestrians.
Sec. 19 -221. Appeal Process.
(a) If the Transportation Engineer denies terminal
designation, route feasibility or revokes a previously
approved terminal or route, the applicant /terminal owner,
within t'Pn (1 (11 WnrleinrY An ,� - 4:,l l—.,,.– 4-L,,. a-. L_ _r _______
wherein its decision is not supported by the evidence in
the record. Within ten (10) working days of the filing of
the appeal, the Transportation Engineer shall transmit to
the City Clerk the terminal application, the sketches of
the revoked route and all other data filed therewith, the
report of the Transportation Engineer, the findings of the
Transportation Engineer and his decision on the application.
(b) The City Clerk shall make copies of the data
provided by the Transportation Engineer available to the
applicant and to the appellant (if the applicant is not the
appellant) for inspection_ and may give notice to any other
interested party who requested notice of the time when the
appeal will be considered by the City Council.
(c) If Caltrans and not the Transportation Engineer
denies or revokes terminal access from federally designated
highways, no appeal may be made to the City Council, but
must be made to Caltrans as may be permitted by Caltrans.
Sec. 19 -222. Severability.
If any section, subsection, sentence, clause or phrase of
the Ordinance is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this
Ordinance, and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that any one or more
sections, subjections, sentences, clauses or phrases be declared
invalid.
SECTION 2. The City Council finds and declares that this
Ordinance is required for the immediate protection of the public
peace, health and safety for the following reasons. Sections
35401 of the Vehicle Code prohibits interstate trucks from
utilizing local streets except as permitted by Section 35401.5,
as implemented by a local ordinance. The State of California
is expecting uniform enforcement of these sections on January 1,
1985. The enactmant of this ordinance is necessary for the City
to implement Section 35401.5 of the Vehicle Code to allow terminal
access for such interstate trucks in a manner consistent with
the preservation of the public health, safety and welfare.
Therefore, this ordinance shall become effective immediately.
SECTION 3. The Clerk of the City of Lynwood is hereby
directed to cause this ordinance to be published by one insertion
in the , a newspaper of general circulation
printed, published, and circulated in the City of Lynwood and
hereby designated for that purpose by the Council of Lynwood.
First read at a regular meeting of the City Council of said
City held on the day of , 19 , and finally
ordered published at a regular meeting of said held on
the day of 19
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF LYNWOOD
ROUTE APPLICATION
INTERSTATE TRUCK TERMINAL
1.
3.
5.
7.
Application No.
Print type name of applicant
Print type address of applic.
Telephone Number
2.
Date:
Print type name of Terminal
4.
Print type address of Term.
6.
Telephone Number
PREFERRED ROUTE (Describe and attach sketch)
8. ALTERNATE ROUTE(S) (describe and attach sketch(s)
9. DESIGNATE EXITS) FROM FEDERALLY DESIGNATED HIGHWAY:
10. CHECK CRITERIA WHICH ESTABLISHES YOUR TERMINALS DESIGNATION:
A. FULL Loan consignments loaded or off loaded
B. Freight consolidated for shipping
C. Maintenance, storage or manufacturing facility of
Interstate Trucks
11. EVIDENCE THAT TERMINAL PARKING AND TERMINAL ENTRIES ARE
ADEQUATE. FURNISH SKETCH, 1" = 40':
THE APPLICANT CERTIFIES THAT THE ABOVE INFORMATION IS CORRECT TO
THE BEST OF HIS /HER ABILITY. THE APPLICANT ALSO CERTIFIES THAT
HE /SHE HAS READ ORDINANCE NO. AND AGREES TO THE
REQUIREMENTS OF SAID ORDINANCE.
Date:
Signature terminal Owner T _name or terminal owner
FEE S `ON- REFTJ�7DA3LF, PAID
INVESTIGATION
A. Applicant(s) terminal meets requirements for interstate truck
terminal:
Yes No (if no indicate reason(s)
Additional Fees Required
B. Route approved:
Preferred Alternate Other (describe)
C. Caltrans approval of access from federally designated highway:
Yes No (if no indicate reason(s)
Signature of Caltrans Representative Date
D. Route improvements:
Requirements
Estimated costs for improvements
E. Other affected agencies approval (cities or County)
Signature of Agency Office
A?PROVEDiDENIED:
Transportation Engineer
Date
PERMIT FEE PAID: RECEIPT NO. Y DATE:
APPR ^Q`E'D 'DENIED:
Public aor' <s Director Date
DATE: MARCH 19, 1985
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: SANDRA CHAPEL'; PERSONNEL MANAGER
SUBJECT: EARTHQUAKE /FLOOD COVERAGE
OBJECTIVE:
To advise the City Council concerning earthquake and flood coverage
on the Annex.
FACTS:
1. The City's Memorandum of Understanding with Los Angeles County
for Block Grant funding requires various insurance coverages
and limits. Municipal liability, property and excess Workers
Compensation coverages are prudently maintained by the City,
in any event; however, the County contract requires that the City
maintain earthquake and flood insurance on the City Hall Annex,
a County building leased by the City. The City does not maintain
such insurance on other facilities.
2. The premium for earthquake and flood insurance on the Annex for
the period March 24, 1984 to March 24, 1985 was $1,100. Quotes
were recently obtained from five possible insurers. Four carriers
specified a minimum premium of $5,000. The current carrier,
Associated International Insurance Company, offered a minimum
premium of $2,700. This company, also, agreed to extend the
coverage period to July 1, 1986.
3. As of the beginning of July, 1985, Lynwood anticipates becoming
an entitlement City for Block Grant funds. The County contract
may no longer be needed as there will be a direct relationship
with the federal agency. There is no federal requirement for
earthquake and flood insurance on the Annex.
4. In the past, the County has reimbursed the City for the cost of
this insurance. When the City acquires entitlement status, the
County may determine its share of the cost of the coverage for
three months, if coverage is no longer required. The criteria
that the Coynty would use in this determination is unknown at
this time.
5. If the earthquake and flood coverage on the Annex is cancelled
in July, 1985, the carrier will refund some monies to the City.
The refund should be between $1,900 and $1,600.
DISCUSSION:
In order to continue receiving Block Grant funds through the contract
with Los Angeles County, the City of Lynwood must renew its earth-
quake and flood insurance on the City Hall Annex facility. In July,
1985, the City expects to be receiving funding directly from the
federal government, which does not require this insurance. If the
policy is cancelled in July, 1985, the City will receive a refund
from the insurance company, assuming coverage is no longer needed.
The County, however, may well apply a different formula to determine
its cost for the three months of coverage. The General Fund may then
bear the difference between what the County acknowledges as its re-
sponsibility for the coverage and the actual cost to the City.
RECOMMENDATION:
Council direct cancellation of Annex earthquake and flood coverage,
if and when this is no longer a requirement for Block Grant funding,
and note that general funds may be used for the difference between
the City's cost for coverage and the County's calculation of its
share.
r-
DATE: MARCH 19, 1985
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSEPH Y. WANG, P.E., DIRECTOR OF PUBLIC WORKS/ ' l
CITY ENGINEER
SUBJECT: STORM DRAIN IMPROVEMENT PROJECT,
ATLANTIC AVENUE AND CENTURY BOULEVARD
CENTURY BOULEVARD (Project No. 5-5011)
PURPOSE
To recommend that the City Council award a contract to the lowest
responsible bidder for the Storm Drain Improvement Project.
BACKGROUND
The project involves the construction of 520 feet of storm drain
and two catch basins to improve drainage and the lowering of the
intersection profile to improve the rideability of Century
Boulevard.
Advertising for the project started February 20, 1985. Thirteen
firms requested bid packages. On March 6, 1985, the bid opening
was held in the office of the City Clerk. Bids were received for
the proposed work from the following bidders:
FIRM
AMOUNT
Sully-Miller Contracting Company $187,284.00
Excel Paving Company 189,570.50
Shawnan Corporation 2 2, 4 10. 00
Vicco Construction Company 2 2- 1 7 3,470.00
Thibado Construction Company 276,470.00
This project is listed under the FY 1984-85 CIP Schedule and is
being funded under the Gas Tax 2107 Fund. The total cost of the
project, including construction, inspection and administration is
estimated at $235,000.
Sully-Miller Contracting Company is the apparent low bidder.
A reference check of previous performance reveals a good
reputation and the necessary experience. In view of the bid
amount and the qualifications of the bidder, it is recommended
that Sully-Miller Contracting Company be awarded the contract for
the Storm Drain Improvement Project.
RECOMMENDATION
It is recommendated that the City Council award a contract to the
DATE: MARCH 19, 1985
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSEPH Y. WANG, P.E., DIRECTOR OF PUBLIC WORKS
CITY ENGINEER (IIJV,)
SUBJECT: UPGRADE MODIFICATION OF TRAFFIC CONTROL ASSEMBLIES FOR
THE INTERSECTIONS OF ALAMEDA STREET/CENTURY BOULEVARD
AND CENTURY BOULEVARD/NORTON AVENUE
PURPOSE
To recommend that the City Council approve the specifications for
the subject project, and authorize advertising for bids.
BAC�GROUND
The existing traffic controller assemblies for the subject
intersections consists of the old electro-mechanical type of
equipment. The equipment requires constant repair and attention.
This project will involve the purchase of new Model 170 traffic
controller assemblies, and include intersection re-wiring. The
installation of the new equipment and intersection re-wiring will
be performed by City Maintenance crews.
ANALYSIS
The installation of the new equipment at the subject
intersections will reduce maintenance costs and improve
operational effeciency. The Model 170 controllers will allow the
intersections to eventually be coordinated with the other
intersections on Century Boulevard.
The improvements at Century Boulevard/Norton Avenue are estimated
to cost $17,000 and will be funded throught Gas Tax Fund 2107.
The Alameda Street/Century Boulevard improvements are estimated
to cost $25,000. This portion of the project has been approved
for CDBG funding.
The equipment proposed for each of these projects are similar.
It is advantageous, therefore, to combine these projects in order
to receive more competitive prices for the equipment purchase.
The specifications for the purchase are available for review at
the Department of Public Works.
RECOMMENDATION
It is recommended that the City Council approve the
Specifications for the purchase of two Model 170 traffic
controller assemblies, and authorized advertising for bids.
DATE: MARCH 19, 1985
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSEPH Y. WANG, P.E., DIRECTOR OF PUBLIC WORKS/ �,
CITY ENGINEER
SUBJECT: EQUIPMENT REPLACEMENT, FIRE PUMPER, LEASE PURCHASE
PURPOSE
To recommend that the City Council authorize staff to negotiate a
lease purchase agreement for a replacement fire pumper.
BACKGROUND
• Fire Pumper Engine No. 32, a 1967 Crown 1500 GPM pumper, is due
for replacement as a first line class A pumper.
• An opportunity for a savings of $15,000 to $18,000 in the
acquisition of a Fire Pumper and limited construction time
savings of up to one year has become available with a Piggyback
lease pruchase on an order of 18 pumpers by the City of San
Diego, Santa Barbara, and possibly two other California Cities
taking part with Emergency One, Inc. (The City's Heavy Rescue
is an Emergency One manufactured unit).
• Specifications have been prepared to serve the needs of the
Lynwood Fire Department for the next 12 years, with the updating
of features and required equipment needed today.
Detailed specifications are available in the Director of Public
Works' office. Specifications in general are attached.
Delivery scheduled for the first of October, 1985.
ANALYSIS:
Savings realized in a Piggyback order are made possible by the
savings in manufacturing costs of a number of units constructed
at the same time to nearly the same specifications.
As a payment schedule of the lease pruchase can be tailored to
many considerations, the following, computed at 9.9% per year with
annual payments, in staff's opinion best fits the City's position.
Payment
number
Payment amount applied to
Payment
amount Interest Principal
Purchase
price
(remaining
balance)
Sales price
$150684.19
Down payment
$25000.00
$25000.00
$125684.19
1
30091.46
$ 0.00
30091.46
95592.73
2
30091.46
9463.68
20627.78
74964.95
3
30091.46
7421.53
22669.93
52295.02
4
30091.46
5177.21
24914.25
27380.77
5
30091.46
2710.70
27380.76
0.00
Down payment
will be required
at the time of delivery.
Copies of Quotation, Payment
Schedule,
Lease, Council's
Opinion
Form and Municipal Lease Option
Agreement attached.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD AUTHORIZING THE LEASE PURCHASE OF A
FIRE PUMPER FROM EMERGENCY ONE, INC. FOR THE
SUM OF ONE HUNDRED FIFTY THOUSAND, SIX HUNDRED
EIGHTY -FOUR DOLLARS AND NINETEEN CENTS, ($150,684.19)
WHEREAS, the life of the present Fire Pumper has been
overextended, (18 years), and is due for replacement, and,
WHEREAS, the City Council finds that the acquisition of
a Fire Pumper can be more economically and efficiently effected
through a negotiated Lease Purchase, and,
WHEREAS, the terms and payment schedule of lease purchase
are as follows:
NOW, THEREFORE, the City Council of the City of Lynwood
does hereby find, determine, order and resolve as follows:
SECTION 1 . The lease pruchase of a Fire Pumper can be
more economically and efficiently effected throught a negotiated
lease purchase agreement.
SE CTION 2 . This resolution shall become effective
immediately upon its adoption.
PASSED, APPROVED and ADOPTED this day of
, 1985.
JOHN D. BYORK, Mayor
City of Lynwood
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
JOSEPH Y. WANG, P.E.,
Director of Public Works /City Engineer
Purchase
P ayment amount
applied
to price
Payment
Payment
(remaining
number
amount
Interest
Principal
balance)
Sales price
$150684.19
Down payment
$25000.00
$25000.00
125684.19
1
30091.46
$ 0.00
30091.46
95592.73
2
30091.46
9463.68
20627.78
75964.95
3
30091.46
7421.53
22669.93
52295.02
4
30091.46
5177.21
24914.25
27380.77
5
30091.46
2710.70
27380.46
0.00
NOW, THEREFORE, the City Council of the City of Lynwood
does hereby find, determine, order and resolve as follows:
SECTION 1 . The lease pruchase of a Fire Pumper can be
more economically and efficiently effected throught a negotiated
lease purchase agreement.
SE CTION 2 . This resolution shall become effective
immediately upon its adoption.
PASSED, APPROVED and ADOPTED this day of
, 1985.
JOHN D. BYORK, Mayor
City of Lynwood
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
JOSEPH Y. WANG, P.E.,
Director of Public Works /City Engineer
O U R O N L Y B U S I N E S S IS F I R E E Q U I P M E N T
ESTABLISHED 1997
Aff \ � Y
266 Eleventh Avenue SAN DIEGO , CALIFORNIA 9 2 1 0 1 239.1279 or 747 -3774
,A QUOTATION ON FIRE PROTECTION EQUIPMENT
Fir, Lynwood Fire Department No SDFE -LAFT 3 585
Attention Chief Lathrope Date 3 -6 , 19 __ 85
Street 3161 Imperial Highway
City Lynwood State Calif 90262
Your Reference
We are pleased to quote you the following prices on fire protection equipment. Subject to terms and conditions below:
All prices subject to change without notice.
QUANTITY I DESCRIPTION OF PROD _ NET PRICE TOTAL
1 1985 Custom Emergency -One Hurricane 1500 gpm
Pumper. As per specifications 3 -1 -85, Based
upon Piggyback order with San Diego City P.O.
#0114189 dated 11- 29 -84.
Delivery to be made approximately September -
October 1985.
Total Cos
SAN DIEGO
FIRE EQUIPMENT CO., INC.
8541 WELLSFORD PL *G
SANTA FE SPRINGS, CALIFORNIA 90670
(213) 945 -3804
Leasing Information enclosed
Tax
$ 141,487.50
- 9,196.1
$ 150,684.19
Net 3 Ly
,
Terms: F.O B. Yn
Quotation firm for 30 days
s
Delivery con be made 180 -220 days after receipt of order.
Remark
STATE CONTRACTOR'S LICENSE NO. 312265 By Titl
Jay Bressler Branch Manager
F A C T O R Y M U T U A L A P P R 0 V E D R E C H A R G E S E R V I C E
SAN DIEGO
FIRE EQUIPMENT CO., INC.
8541 WELLSFORD PL *G
SANTA FE SPRINGS, CALIFORNIA 90670
(213) 945-3804
PAYMENT SCHEDULE
Lessee: City of Lynwood, California
Date of Lease:
, 1985.
Lease No. M-
Number and Frequency of Payments: Five Annual Payments in Advance
Interest Computed at 9.9% per year.
*Balances Not Paid When Due Shall Be Subject To Past Due
Interest At The Rate Of 18% Per Year Or The Highest Rate
Permitted By Law, Whichever Is Less.
Emergency One, Inc.
"Lessor"
By:
Title:
City of Lynwood, California
"Lessee"
By:
Title:
i: - - -, 1 --t r (*- 1 1 a iat;z-
t al 10 0 U I"i t
C)
() I' I C: F--
-- k r t - i , n't ct i i - i i
J
-K5
*Balances Not Paid When Due Shall Be Subject To Past Due
Interest At The Rate Of 18% Per Year Or The Highest Rate
Permitted By Law, Whichever Is Less.
Emergency One, Inc.
"Lessor"
By:
Title:
City of Lynwood, California
"Lessee"
By:
Title:
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GENERAL SPECIFICATIONS
1985 Custom Emergency -One Hurricane Chassis Pumper
1500 GPM Hale Pump
750 gal. water tank (aluminum)
Custom compartmentation (aluminum)
200 ft. booster hose reel
5' front suction
Adjustable hose bed
Pump panel full instrumentation
500 Watt Qtz light
Full ladder complement
Monitor
Generator
Color - White over Lime Green
Disc brakes
8R92TA -475 BHP Detroit Diesel
Allison HT 740 4 spd. Auto Trans.
Engine retarder
170 AMP Attenator
Horns
Light bar
LESSOR
LESSEE.
Name:
Address.
City County
Contact and Title
Telephone No
ITEM
LOCATION OF EQUIPMENT IF OTHER THAN ABOVE ADDRESS OF LESSEE.
Address.
City
County
State
LEASE TERM
TOTAL EQUIPMENT COST
RENT DUE (Period)
NOJAMOUNT OF RENTAL PAYMENTS
Months
$
❑ Monthly ❑ Annually
❑ Quarterly ❑
See payment schedule attached
hereto and made a part hereof
( "Payment Schedule ")
MUNICIPAL LEASE AND OPTION AGREEMENT
Lessor hereby leases to Lessee the Equipment for the purposes and upon the following terms and conditions:
ARTICLE I: COVENANTS OF LESSEE. Lessee represents, covenants and warrants, for
the benefit of Lessor and Its assignees, as follows:
A Lessee is a public body, corporate and politic, duly organized and existing under
the Constitution and laws of the State as set forth above ( "State') and will do or cause
to be done all things necessary to preserve and keep in full force and effect its exis-
tence as a body corporate and politic.
B Lessee has been duly authorized to execute, deliver and perform this Agreement
under the Constitution and laws of the State and under the terms and provisions of
the resolution of its governing body, or by other appropriate official approval Lessee
further represents, covenants and warrants that all requirements have been met, and
procedures have occurred In order to ensure the enforceability of this Agreement.
Lessee shall cause to be executed an opinion of its counsel in form acceptable to
Lessor and in the event Lessee is a volunteer fire department, Lessee shall execute
the representation set forth as Exhibit S.
C Curing the term of this Agreement, the Equipment will be used by Lessee only for
the purpose of performing one or more governmental or proprietary functions of
Lessee consistent with the permissible scope of Lessee's authority and will not be
used in a trade or business of any person or entity other than the Lessee
D During the period this Agreement is in force, Lessee will annually provide Lessor or
Its assignee with current financial statements budgets, proof of appropriation for the
ensuing fiscal year and such other financial information relating to the ability of Lessee
to continue this Agreement as may be reasonably requested by Lessor or its assignee.
E The Equipment is. and shall remain during the period this Agreement is in force
personal property and when subject to use by Lessee under this Agreement, will not
be or become fixtures
ARTICLE If: DEFINITIONS. The following terms will have the meanings Indicated
below unless the context clearly requires otherwise
"Lease Term" means the Original Term defined in Article III hereof and a sufficient
number of automatic Renewal Terms as will constitute the number of months set forth
on the face of this Agreement
"Lessor" means (i) the entity designated on the face of this Agreement as Lessor
hereunder nil any surviving resulting or transferee corporation: and (m) except
.hero the Context requires otherwise any ass!gnee(s) Of Lessor
"Purchase Price" means the amount which Lessee may at its option pay to Lessor in
order to purchase the Equipment, as set forth in the Payment Schedule attached to
ihic A;rnnment
'Renewal Term(s)" means the automatic renewai periods of this Agreement each
having a duration of One (1) Year co- terminous with Lessees fiscal "ear except the
last �t :lien automatic renewal Periods which shall end on the anniversary of the
+mmn. +cement Date The tnnns and conditions dunnq env Renewal Term shall be
as'ha'e'ms and -ndihons dunno the Original Term except that th9 Rent
i'-t,menrs � "a'I bn as orovioed in the attached P.'IVment SCCPCJLile
'Vendor "P Ins 'he - anufac!urer of the Equipment as well as the agents or dealers
'ha lam.; ,�,, :,;rnr
.. -L�
FS -2787
VENDOR:
Name._
Address:
FOR COMPLETION BY LESSOR
Always Refer to Lease No M-
Rental Commencement Date
State Zip City
Contact and Title:
Telephone No
State Zip
EQUIPMENT DESCRIPTION (Include Make, Model, Serial No and all Attachments)
ARTICLE III: COMMENCEMENT OF LEASE TERM.
The Original Term of this Agreement shall commence on the date the Equipment is
accepted by Lessee as indicated on the Certificate of Acceptance ( "Commencement
Date ") and shall terminate the last day of Lessee's current fiscal year For the duration
of the Lease Term, this Agreement will be automatically renewed at the end of the
Original Term and any Renewal Term unless the Lessee gives writtten notice to Lessor
not less than ninety (90) days prior to the end of the Original Term or Renewal Term
then in effect of Lessee's intention to terminate this Agreement pursuant to Article V
as the case may be.
ARTICLE IV- INSPECTION. Lessor and any assignee of Lessors rights under this
Agreement shall have the right at all reasonable times during business hours to enter
into and upon the property of Lessee for the purpose of Inspecting the Equipment.
ARTICLE V: RENT PAYMENTS.
Section 5.01 Rent Payments to Constitute a Current Expense of Lessee. Lessor and
Lessee understand and intend that the obligation of Lessee to pay Rent Payments
hereunder shall constitute a current expense of Lessee and shall not in any way be
construed to be a debt of Lessee in contravention of any applicable constitutional or
statutory limitations or requirements concerning the creation of indebtedness by
Lessee, nor shall anything contained herein constitute a pledge of the general tax
revenues, funds or monies of Lessee
Section 5.02 Payment of Rent Payments. Lessee shall pay Rent Payments, exclusively
from legally available funds to Lessor In the amounts and on the dates set forth in
the Payment Schedule attached to this Agreement. A portion of each Rent Payment
is paid as. and represents payment of, interest and principal, respectively
Section 5.03 Rent Payments to be Unconditional. Subject to Section 5 05. the obliga-
tion of Lessee to make payment of Rent Payments and other payments required under
this Agreement shall be absolute and unconditional in all events. Lessee shall make
all such payments when due and shall not withhold any such payments as a result of
any disputes arising among Lessee and Lessor, any Vendor or any other person nor
shall Lessee assert any right of set -off or counterclaim against its obligation to make
such payments or be entitled to any abatement of such payments as a result of acci-
dent or unforeseen circumstances
Section 5.04 Continuation of Lease Term by Lessee. Lessee intends to continue the
Lease Term through the Original Term and all of the Renewal Terms and to pay the
Rent Payments hereunder Lessee reasonably believes that legally available funds of
an amount sufficient to make all Rent Payments during the Original Term and each
Renewal Term can be obtained Lessee further intends to do all things lawfully within
its power to obtain and maintain funds from which Rent Payments may be made
mcludinq making provision for such payments to the extent necessary !n each biannual
or annual budget submitted and adopted in accordance with applicable provisions of
state law to have such portion of the budget approved, and to exhaust all available
eviews and sope_als in the event such Portion of the budget s not approved
Section 5.05 Nonappropnation. !n the event sufficient funds snatl not be appropriated
fnr iha — 1 -f—
Opinion of Lessee's Counsel
Re: Municipal Lease and Option Agreement (Lease Number
M - ) dated _____ , 19 ___ (the
'Agreement").
Gentlemen:
As counsel for
_ ( "Lessee ") , I have examined the duly executed
original Agreement between Lessee and
and its assignee(s) ( "Lessor "), and the
proceedings taken by Lessee to authorize and execute the
Agreement. Based upon such examination of law and fact as I
have deemed necessary or appropriate, I am of the opinion that:
1.
Lessee is
organized,
State of _
a public body corporate and politic, duly
legally existing under the laws of the
2. The Agreement has been duly authorized, executed anu
delivered by Lessee pursuant to Constitutional, statu-
tory and /or home rule provision which authorized this
transaction in accordance with its terms and
conditions.
3. The Agreement is a legal, valid and binding obligation
of Lessee, enforceable in accordance with its terms.
In the event the Lessor obtains judgment against
Lessee in money damages, as a result of an event of
default under the Agreement, Lessee will be oblioute6
to pay such judgment.
4. No litigation is pending or, to the best of my knowl-
euge, threatened in any court or other tribunal, state
of Federal, in any way questioning or affecting the
validity of the resolution or the Agreement.
5. The signature of the oL of l'esse'e whicn appears
on the Agreement is true and genuine; I know said
oificial and know him /her to hold the office set fo_ rti.
below leis /her name.
6. The Equipment leased pursuant to the Agreement consti-
tutes personal property and when subjected to use by
lessee will not be or become tixtures under applicable
law.
7. The Lessee is a political subdiv.ision within the
meaning of Section 103 of the Internal Revenue Code of
1954, as amended, and Treasury Regulations and Rulings
related thereto. That portion of rental payments made
by Lessee during the Lease Term identified as inter-
est, upon receipt, will not be includable as Federal
gross income under applicable statutes, regulation,
court decisions and rulincs existing on the date of
DATE: MARCH 19, 1985
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: PATRICK P. IMPORTUNA, DIRECTOR, COMMUNITY DEVELOPMENT
SUBJECT: REQUEST FOR AUTHORIZATION TO APPROVE STAFF'S RECOMMENDATION
OF A CONSULTANT TO PROVIDE PROFESSIONAL SERVICES IN SUPPORT
OF THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM FOR FISCAL YEAR 1985/86
REQUEST /PURPOSE:
The purpose of this request is to approve staff's recommendation of a
consultant to provide professional services in support of the City's
CDBG Program for Fiscal Year 1985/86, and to authorize the Mayor to
sign the contract of the approved consultant.
FACTS:
1. On February 5, 1985, Council approved staff's request to issue
a Request For Proposal (RFP) in order to obtain the services of
a qualified consultant in the area of Community Development Block
Grant (CDBG) Program administration to assist in the preparation
and submittal of a grant application to the Federal Department
of Housing and Urban Development (HUD) for fiscal year 1985/86.
2. On February 10, 1985, staff published a request for proposals (RFP)
for the CDBG Program in the Los Angeles Times. Staff subsequent-
ly mailed RFP's to ten (10) consulting firms. (See attached list.)
3. Of the ten RFP's mailed, staff received the following six pro-
posals from the following firms:
Daniel Cartehena & Associates James Gilchrist
2726 A. East 2nd Street 246 Crescent Avenue
Long Beach, California Montrose, California 91020
TLT and Associates
1928 Cotner Avenue, Suite 200
Los Angeles, California 90025
Municipal Services, Inc.
712 North Diamond Bar Boulevard
Diamond Bar, California 91765
Mark Briggs & Associates
5800 South Eastern Avenue, Suite 340
Los Angeles, California 90040
Claire & Associates, Inc.
405 Via Corta
Mallaga Cove Plaza
Palos Verdes Estates, California 9027
4. The CDBG RFP Review Committee consisted of the following staff
who reviewed the returned proposals on March 4, 1985:
Patrick P. Importuna, Director, Community Development
Vicente L. Mas, Senior Planner, Redevelopment
Jennifer Jones, Acting Housing Rehabilitation Coordinator
5. These consultant firms were ranked according to the following
criteria and percentage ratings, for a possible total of 100 %:
a. Cost (30 %)
b. Ability to perform (30 %)
C. Organization and Personnel (40 %)
Attached is a review of the RFP's and their ratings.
6. Based on the CDBG Review staff, Mark Briggs and Associates re-
ceived a total rating of 100% to provide consultant services in
support of Lynwood's CDBG Program, for a cost not to exceed $20,000.
(Page 1 of 2)
ANALYSIS AND CONCLUSION:
The City's first Grant application for CDBG Funds, as an Entitle-
ment City, requires preparation of complex documentation in a
short period of time.
The selected consultant firm is scheduled to begin providing
services on March 25, 1985, in order to facilitate the timely and
accurate preparation and submittal of the 1985/86 CDBG application
to HUD and to provide on -going support services to assist the City
in the administration of the CDBG program on an as- needed basis
until December 31, 1985.
RECOMMENDATION:
Staff respectfully requests the City Council to authorize the
approval of:
a. Mark Briggs and Associates to provide consultant services in
support of the City's CDBG Program for fiscal year 1985/86,
in an amount not to exceed $20,000; and
b. Authorize the Mayor to sign the contract agreement; and
C. Final terms and conditions of the contract subject to City
Attorney approval.
,
RFPs FOR CDBG SERVICES (FY 1985 -86)
The following list is representative of professional firms in
receipt of RFPs for the provision of services in support of the
CDBG Program:
1) Gary H. Werner
Vice President
Municipal Services, Inc.
Diamond Bar Executive Park
712 N. Diamond Bar Boulevard
Diamond Bar, CA 91765
2) Judith M. Garrett, Associate
Mark Briggs and Associates
5800 South Eastern Avenue
Suite 340
Los Anaeles, CA 90040
3) Jim Gilchrist
246 Crescent Avenue
Montrose, CA 91020
4) Allen Hibbs and Associates
1944 N. Tustin Avenue
Suite 117
Orange, CA 92665
5) Daniel Cartehena and Associates
2726 A. East 2nd Street
Long Beach, CA 90803
6) Claire and Associates, Inc.
405 Via Corta
Mallaga Cove Plaza
Palos Verdes Estates, CA 90274
7) Delta Enterprises
1833 West 8th Street
Suite 214
Los Angeles, CA 90057
8) Kawes and Associates
2804 Beverly Boulevard
Los Angeles, CA 90057
9 ) Terry Remmers
Cudahv City Hall
5220 Santa Ana Street
Cudahy, CA 90201
10) TLT and Associates
1928 Cutner Avenue, Suite 200
CDBG SUPPORT SERVICES - RFP REVIEW
MARCH 4, 1985
es,
COST (30 %) ABILITY TO PERFORM
ORGANIZATION
(30 %) AND PER (4 0%)
$19,980 - Good Cost Breakdown 30 %� Experienced in providing CDBG X28% Good background in Federal 38%
support services and manage- regulations, HUD Programs,
ment skills (10 yrs in business) . and experienced support
staff; good organization.
$17,000 - Not specific in cost 15% From 1982 to present no CDBG 18% Weak in support .staff. 25%
breakdown. work experience. Doesn't
understand RFP concept.
$20,000 - Cost breakdown not 14% Weak in past experience. Re- 10% Backup not skilled in CDBG 10%
specific enough. sume is unclear and doe hiz activities. Bad organization.
relate closely to skills needed
$20,000 - Cost breakdown de- 30% 10 yrs. of direct CDBG experi- 30% Well qualified supportstaff.I40%
tailed;very good and ence and Federal program Good professional organiza-
clear. management; good track record. tion (excellently prepared and
detailed RFP).
$ 8,250 - (only partial fixed 10% No specific time given for 25% Support staff weak in 30%
costs given, no years of experience in CDBG CDBG experience.
total given. Programs. However, firm has
experience in other cities in
CDBG management.
Disqualified because returned
RFP after the Feb. 2$,1985,
deadline.
RATINGS
100%
96%
6 5%
This Agreement is made and entered into by and between the City of= Lynwood, a
Municipal Corporation located in the County of Los Angeles State of California,
hereinafter referred to as "City" and
hereinafter referred to as "Contractor" on this day of
19
W=ESSETH
WHEREAS, under the United States Housing and Community Development Act of 1974 as
amended, the City is pursuing "the Development of viable Urban CaYmlunities" by
providing decent housing and a suitable living envirorument and expanding economic
opportunities, principally for persons of low and moderate income; and
WHEREAS, the City intends to detach itself fran the Urban County Program and submit
a direct grant application to the Department of Housing and Urban Development (HUD)
for the 1985 -86 Fiscal Year Community Develcgient Block Grant (CDBG) funds; and
WHEREAS, the City requires assistances in the performance and preparation of
adequate administration and operational controls to ensure a successful transition
from Urban County participant to Entitlement City; and
WHEREAS, Contractor is experienced in providing such services.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
hereto agree as follows:
1) Scope of Services
Contractor is to perform the following services:
a. Assist in the timely preparation and submission of the
1985 -86 CDBG application to HUD including:
(1) Preparation and submission of the interim Housing
Assistance Plan (HAP) as per CDBG Regulations; Section
(2) Preparation and submission of the three -year HAP with
annual goals and objectives as per CDBG Regulations;
Section 570.306 #1 -5. (Due by October 31, 1985)
(3) Preparation and submission of all environmental documents
required by the National Environmental Policy Act (NEPA);
the California Environmental Quality Act (CEQA) as amended;
and by the U.S. Department of Housing and Urban Development
(HUD) specified in 24 CFR 58; and other applicable state and
local Laws.
b. Assist in performance of a fiscal review of current CDBG
Projects.
c. Conduct an evaluation of the Division's programmatic and fiscal
performance in light of the City's transition from Urban County
participant to Entitlement City status and prepare recommendations
on (a) an adequate staffing pattern and (b) the adoption of adequate
administrative procedures emphasizing efficient record keeping and
reporting practices.
d. Provide ongoing administrative services on an- as- needed basis.
2) Period of Performance
Several services to be provided by Contractor are to commence not sooner
than March 25, 1985 and shall be completed not later than December 31, 1985;
however this contract may be terminated by a thirty (30) day notice in
writing by either party. In the event of such termination by Contractor or
City, Contractor shall be compensated for all services satisfactorily
performed prior to the date of notice of termination.
3) Compensation and method of payment
The City shall pay Contractor for cost incurred pursuant to the scope of
services. Total compensation to Contractor shall not exceed $20,000 as
follows:
Contractor shall submit to the City, on a monthly basis, activity reports
4) Record Keeping and R e p or t ing :
Contractor shall establish an acceptable accounting system, maintain
accounting records, office files, and other evidence pertaining to cost
incurred pursuant to applicable regulations, and all of these shall
be accessible for the purpose of making audits, surveys, and examinations
by duly authorized representatives of the Department of Housing and
Urban Development (HUD) , Community Development Commission (CDC) of
Los Angeles County and the City. These records shall be kept available
at Contractor's office during the contract period and thereafter for a
period of five (5) years from the date of final payment and transcription
is received and all other pending matters are closed.
5) Non- Discrimination
Contractor agrees to comply with the terms and conditions of Title VI of
the Civil Rights Act of 1964, Section 3 of the Housing and Co comity
Development Act (HCDA) of 1968 and Section 109 of the HCDA Act of 1974
attached hereto:
6) Affirmative Action
Contractor agrees to comply with the terms and conditions of executive
order 11246, titled "Equal Employment" as amended by Executive Order 11375.
7) Personnel and Conflict of Interest
Contractor represents it has all personnel and agrees not to employ any
person employed by or holding an elective or appointed office with the City
of Lynwood.
8) Assigrmlent and Delegation
Neither this Agreement or any of the rights or duties under this Agreement
may be assigned or delegated by either party without prior written consent
of the other party.
9) Indemnification
Contractor shall hold the City free and harmless from any and all claims,
liabilities, injuries, suits, demands and expenses of all kinds which may
Agreement. In the event such claim is made against City it is the intent
Of Contractor and City to cooperate in defence of said claim.
10) Modification
It is the express intention of both City and Contractor that the teams
hereof shall comprise the entire Agreement between the parties and it
shall not be subject to rescission modification, or waiver except as defined
in a subsequent written instrument executed by both parties hereto.
IN WITNESS WHERBOF, the governing bodies of the parties hereto have authorized
this contract and have caused said contract to be executed by their respective
chief executive officers and attested by the executive officers, clerks thereof as
of the day, month and year first above written.
CITY OF LYNWOOD
11330 BULLIS Road
BY
JOHN D. BYORK, MAYOR
faft!IT61h s ►e ceft
BY:
City Attorney
BY
Employment (.Nportun> t _C5 : _jr Liner Income Persons in
Connecti- ;n �'vlth Assisted Projects
Sec. 3. In the administration by the Secretary of Housing and
Urban Development of programs providing direct financial assistance
in aid of housing, urban planning, development, redevelopment, or
renewal, public or community facilities, and new community d�velop-
ment, the Secretary shall --
(1) require, in consultation with the Secretary of Labor,
that to the greatest extent feasible opportunities for
training and employment arising in connectionwith the
Planning and carrying out of any project assisted under
any such program to be , ivun to lower income persons
residing in the area of such project; and
(2) require, in consultation with the AdminisLrator of
the Small Business Admin>.stration, that to the greatest
extent feasible contracts for work to be performed in
connection with any such project be awarded to business
concerns, including but riot limited to individuals or
firms doing business in the field of planning, consulting,
design, architecture, building construction, rehabilitation,
maintenance, or repair, which are located in or owned in
substantial part by persons residing in the area of such
project.
4 Immediately prior to amended by sec. 404, Housing
Development Act of 1969, Public Law 91 -152, a o and Urban
1969, 83 Stat. 379,295, the employment and work December 24,
requirements of this Section 3 were limites to the administration
of the Section 234 homeownership program, the 236 rental assistance
program, the section 221 (d) (3) below- market - interest -rate program,
public housing, and the rent supplement program. This amendment
also deleted from the heading of section 3 the words "Jobs In Housing ".
Section 109 - Housing & Community Development Act of 1974
tiONDISCRIMI
Sec. 109. (a) No person in the United States shall on the ground
of race, color, national origin, or sex be excluded from partici-
pation in, be denied the benefits of or be subjected to discrimi-
nation under any program or activity funded in whole or in part
with funds made available under this title.
(b) Whenever the Secretary determines that a State or unit
of general local government which is a recipient of assistance
under this title has failed to comply with subsection (a) or
an applicable regulation, tie shall notify the Governor such
State or the Chief executive officer of such unit of local govern-
ment of the noncompliance and shall request the Governor or the
Chief executive officer to secure compliance. If within a reason -
.,l)ie period of time, not to exceed sixty days, the Guvernor or W
the chief executive: ufficur fails or refuses to secure compliance,
the Secretary is authcrizeci to (1) refer the matter to the Attorney
General with a recommendation that an appropriate civil action be
instituted, (2) exercise the powers and functions provided by
r; rIa VT of t-6- (`;... 1 ____ , __ - -
CIVIL RIGHTS :ACT OF 1964
Title VI
-Nondiscrimination in Federally -Assisted Programs
Title VI provides that no person shall, on the
color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance. It di-
rects each Federal department or agency which extends financial
assistance to any program or activity through grants loans, or con-
tracts, except contracts of insurance or guaranty, to issue rules or
regulations to be approved by the President to carry out the purposes
of the Title. Title VI authorizes the termination or the refusal to
grant or continue Federal assistance under any program or activity
involving a recipient as to whom there has been an express finding on
the record of a failure to comply but only, after due notice, an
opportunity for hearing and a determination that compliance cannot
be secured by voluntary means.
In addition, no such action shall be effective until the head of
the Federal department or agency has filed with the appropriate com-
mittees of the House and Senate a full written report and 30 days
have elapsed after the filing of such report.
Sec. 801. No person in the United States shall, on the ground
of race, color, or national origin, be excluded frctn participation
in, be denied the benefits of or be subjected to discrimination
under any Program or activity receiving Federal financial assistance.
Sec. 602. Each Federal department and agency which is empowered
to extend Federal financial assistance to any program or activity,
by way of grant, loan, or contract other than a contract of insurance
or guaranty, is authorized and directed to effectuate the provisions
of section 601 with respect to such program or activity by is
rules, regulations, or orders of general applicability which shall
be consistent with achievement of the objectives of the statute au-
thorizing the financial assistance in connection with which the action
is taken. No such rule, regulation, or order shall become effective
unless and until approved by the President. Compliance with any re-
quirement adopted pursuant to this section may be effected (1) by the
termination of or refusal to grant or to continue assistance under such
program or activity to any recipient as to whan there has been an ex-
press finding on the record, after opportunity for hearing, of a
failure to comply with such requirement, but such termination or re-
fusal shall be limited to the particular political entity, or part
thereof, or other recipient as to whoa such a finding has been made
and, shall be limited in its effect to the particular program, or part
thereof, in which such nonccmpliance has been so found, or (2) by any
other means authorized by law: Provided, however, That no such action
shall be taken until the department or agency concerned has advised
the appropriate person or persons of the failure to comply with the
requirement and has determined that ccrnpliance cannot be secured by
voluntary means. In the case of any action terminating, or refusing
to grant or continue, assistance because of failure to canply with a
requirement imposed pur to this section, the head of the Federal
department or agency shall file with the committees of the House and
Senate having legislative jurisdiction over the program or activity
involved a full written report of the circumstances and the grounds for
such action. No such action shall become effective until thirty days
have elapsed after the filing of such report.
Sec. 603. Any department or agency action taken pursuant to
section 602 shall be sublect to such ivcii r i n i _
may obtain jut ial review of such action in ;ordance with section
• 10 of - she Administrative Procedure Act, and such action shall not be
deemed committed to unreviewable agency discretion within the meaning
of that section.
Sec. 604. Nothing contained in this title shall be construed to
authorize action under this title by any department or agency with
respect to any employment practice of any employer, employment agency,
or labor organization except where a primary objective of the Federal
financial assistance is to provide employment.
Sec. 605. Nothing in this title shall add to or detract from
any existing authority with respect to any program or activity under
which Federal financial assistance is extended by way of a contract
of insurance or guaranty.
DATE: March 19, 1985
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Patrick P. Iiportuna, Director, Community Development
SUBJECT: REQUEST FOR COUNCIL SELEC'T'ION OF A LEGAL FIRM TO
PROVIDE CITY PROSECUTION SERVICES IN SUPPORT OF
THE CITY'S CODE ENFORCEMENT PROGRAM
REQUEST/PURPOSE
The purpose of this request is for the City Council to select a legal
firm to provide City Prosecutor Services in support of the City's Code
Enforcement Program and authorize the Mayor to execute a contract for
said services.
FACTS
1. Approximately 70% of the costs incurred by Lynwood for City
Prosecutor services is funded through the Community Development
Block Grant (CDBG) Program.
2. The procurement of professional services such as those of City
Prosecutor costing $10,000 or more per year must be obtain through
a public solicitation process in compliance with CDBG Program require -
ments (OMB Circular A -102) .
3. On February 5, 1985, the City Council directed staff to issue a
Request for Proposals (RFP) to obtain annual City Prosecutor services.
4. In response to the City's public solicitation efforts twelve (12)
legal firms requested copies of the RFP (See attached list). However,
only seven (7) responses were received by February 28, 1985, the
deadline for submittal of proposals.
5. On March 5, 1985, staff forwarded copies of the seven (7) proposals to
the Council for their review.
6. On March 1, 1985, the RFP Screening Committee consisting of Charles
Gomez, City Manager; Patrick P. Importuna, Community Development
Director; Vicente Mas, Senior Planner, Redevelopment; and Jennifer
Jones, Acting Housing Rehabilitation Coordinator; reviewed and ranked
the seven (7) subruttals based on the following criteria: (1)
Ability to Perform 30 points maximum rating; (2) Organization and
Personnel 30 points maximum rating; and (3) Cost 40 points maximum
rating for a total of 100 points. This criteria was described in the
RFP.
7. Attached in the RFP Review and Rating Report for Council's review and
evaluation.
ANALYSIS AND CONCLUSION O February 5, 1985, the City and the
Law Office of Martin J. 'Mayer entered into an interim agreement for services
for an amount not to exceed $8,000 and for a term to expire ors March 31, 1985.
The Count, approved this interim agreement in order to allow the City (1) to
use CDBG funds to partially defray said services and (2) to issue an RFP and
Therefore, if the City is to continue using CDBG funds for referenced
services beyond March 31, 1985, the City must enter into an agreement for
legal services with a qualified fine no later than March 31, 1985. The
attached RFP Evaluation and Rating Report has been prepared by staff to
facilitate Council's (1) review and evaluation of the respondents'
qualifications and (2) selection of the best qualified legal firm.
RECONMENDATION
Sraff respectfully requests that the City Council select a legal firm to
provide City Prosecutor services in support of the Code Enforcement Program
and authorize the Mayor to execute the attached Agreement for an amount not
to exceed $32,000
RFPs FOR CITY PROSECUTOR SERVICES (FY 1985 -86)
The following is a List of the Law firms that have received RFPs
for City Prosecutor Services:
1) Law Office of Martin J. Mayer
3727 E. Broadway
Long Beach, CA 90803
7) Green and Applegate
205 S. Broadway, Suite 808
Los Angeles, CA 90012
2) Richards, Watson, Dreyfuss,
and Gershon
333 S. Hope Street
Los Angeles, CA 90071
3) Oliver, Stoever and Laskin
1000 Sunset Boulevard
Los Angeles, CA 90012
4) Burke, Sorenson and Williams
707 Wilshire Boulevard
Suite 3300
Los Angeles, CA 9001.7
5) Law Office of Daniel S. Lopez
4327 Tweedy Boulevard
South Gate, CA 90280
6) Ezequiel Gutierrez,
Attorney at Law
4017 Long Beach Boulevard
Long Beach, CA 90807
8) Jim Lough
Ochoa Sillas
617 S. Olive, Suite 1010
Los Angeles, CA 90014
9) David Epstein
8601. Wilshire, Suite 800
Beverly Hills, CA 90211
10) Jim Hodges
Sea Spray Gardens
333 W . Broadway, Suite 308
Long Beach, CA 90802
11) Mark Huehsch
Stradling, Yocca, Carlson
and Rauth
660 Newport Center Drive
Newport Beach, CA 92660 -6401
12) Carl Joseph & Associates
100 Oceangate, Suite 800
Long Beach, CA 90802
C ITY PROSECUTOR SERVICES RFP REVIEW
MARCH 1, 1985
COST 40% ABILITY TO PERFORM 30% ORGANIZATION ANVPERSONNEL__L3
$75 hour 40% Good experience in Municipal Code 25% Support staff weak in knowledge
Enforcement and law. of Code Enforcement, etc.
nd
$80 hour
$27,500 total
40%
Weak in Municipal law and Code
20%
Enforcement experience.
las
$80 hour
40%
Good organization and Municipal
293
law background.
shop,
$100 hour
0%
(disqualified because price over
on
program limit).
ms
$75 hour
0%
(disqualified, applicant did not
submit package as requested, only
original).
ez
$80 hour
40%
Good experience in Code Enforcement
29%
and Municipal law.
er
$80 hour
40%
Good Municipal Law and Code Enforce-
30%
ment experience and understanding
of their intent and purpose is
excellent.
RATINGS
er 100%
s 99%
97
Weak in previous Municipal and
Code Enforcement experience.
Good experienced personnel,
organization' well qualified.
15%
20
30%
Good background and previous 8%
experience (sole owner).
Sound previous experience and 30%
good organization. (Sole owner).
Proven record of past per formance.
C O N T R A C T
This Agreement entered into by and between the CITY OF
LYNWOOD, a municipal corporation (hereinafter referred to as "City ")
and (hereinafter referred to as
"Contractor ").
W I T N E S S E T H
WHEREAS, Contractor, by reason of training and
experience, is qualified to perform the duties and functions of City
Prosecutor; and
WHEREAS, Contractor is familiar with State and local laws
and regulations relating to the prosecution of municipal code violations;
and
WHEREAS, the City does not have anyone available within
its employ qualified to perform the duties and functions of City
Prosecutor; and
WHEREAS, Contractor is willing and qualified to perform
such duties and functions from time to time, as needed by the City,
and as requested by the City; and
WHEREAS, the City desires to contract with Contractor to
perform such services;
NOW, THEREFORE, IN CONSIDERATION OF 'THEIR MUTUAL CONVENANTS
AND CONDITIONS, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Contractor shall perform all duties, functions and
services requested by the City to be performed hereunder as an
independent Contractor;
2. The terms of this contract shall once April 1, 1985
and shall end on June 30, 1986; however, this agreement may be terminated
by thirty (30) days notice in writing by either party.
3. Contractor shall review all cases pertaining to
violations of municipal code sections; hold informal hearings in
order to negotiate voluntary compliance and, when necessary, complete
the legal procedures for prosecuting violators through the Municipal
Court;
4. Contractor shall also make himself available to the
staff of the City in order to give legal advice and make recommendations
regarding enforcement of municipal codes, and shall make recommendations
regarding changes, alterations or
-2-
modifications to the municipal codes, in order to make then more
effective;
5. It is the purpose and intent of this agreement
that Contractor shall make himself available in offices assigned by
the City Manager at least seven (7) hours per week, and shall be
compensated at the rate of
per hour;
6. The maximum amount payable under this agreement
shall not exceed
7. Contractor performing duties of City Prosecutor
shall be , or a designee if mutually
acceptable to the City Manager and
8. Contractor shall submit a detailed statement
describing services rendered (particularly identifying each case
or matter worked on) and time spent at the end of each month, and
payment shall be made within thirty (30) days from submission of
statement;
9. Contractor and City hereby covenant and agree that
the Department of Housing and Urban Development, the Community
Development Commission of Los Angeles County, or any of their duly
authorized representatives, upon reasonable notice, shall
-3-
have access to all reports, records, papers and files pertaining
to the subject matter hereof for the purpose of making audit,
examination, excerpts for a period of five years after final
payment and transcription is received and all other pending
matters are closed;
10. Contractor agrees to comply with the terms and
conditions of Executive Order 11246, titled "Equal Employment
Opportunity: as amended by Executive Order 11375;
11. Contractor further agrees to comply with the terms
and conditions of Title VI of the Civil Rights Act of 1964, Section
3 of the Housing and Community Development Act of 1968, and Section
109 of the Housing and Community Development Act of 1974 attached hereto;
12. The parties acknowledge and the Contractor shall
cooperate fully to assure that no officer, agent, or employee of
the City shall have any personal or financial interest in this
Agreement or the remuneration paid pursuant to this Agreement to
the Contractor.
13. Any notice required to be given hereunder shall be
addressed as hereinafter set forth, deposited in the United States
mail, with postage fully prepaid thereon, and shall be deemed
delivered on the fifth day following the date of mailing.
-4-
IN WITNESS WHERBOF, the Governing bodies of the parties
hereto have authorized this agreement and have caused said agreement
to be executed by their respective chief executive officers and
attested by the executive officer - clerks thereof as of the day,
month and year first above written.
CI'T'Y
CON'T'RACTOR
City of Lynwood
11330 Bullis Road
Lynwood, California 90262
JOHN D. BYORK, MAYOR
Date: Date:
Employment Lpportuniti.cs : -jr Lower Incoine Persons in
Connection Vv;.th Assisted Projects
Sec. 3. In the administration by the Secretary of Housing and
Urban Development of programs providing direct financial assistance
in aid of housing, urban planning, development, redevelopment, or
renewal, public or community facilities, and new community d
ment, the Secretary shall --
(1) require, in consultation with the Secretary of Labor,
that to the greatest extent feasible opportunities for
training and employment arising in connectionwith the
planning and carrying out of any project assisted under
any such program to be given to lower income persons
residing in the area of such project; and
(2) require, in consultation with the Administrator of
the Small Business administration, that to the greatest
extent feasible contracts for work to be performed in
connection with any such project be awarded to business
concerns, including but riot limited to individuals or
firms doing business in the field of planning, consulting,
design, architecture, building construction, rehabilitation,
maintenance, or repair, which are located in or owned in
substantial part by persu.n5 residing in the area of such
project.
4 Immediately prior to amended by sec. 404, Housing and Urban
Development act of 1969, Public Law 91 -152, approved December 24,
1969, 83 Stat. 379,295, the employment and work opportunities
requirements of this Section 3 were limites to the administration
of the Section 234 homeownership program, the 236 rental assistance
program, the section 221 (d) (3) below market - interest -rate program,
public housing, and the rent supplement program. This amendment
also deleted from the heading of section 3 the words "Jobs In Housing ".
Section 109 - Housing & Community Development Act of 1974
NONDISCRIMINATION
Sec. 109. (a) No person in the United States shall on the ground
of race, color, national origin, or sex be excluded from partici-
pation in, be denied the benefits of or be subjected to discrimi-
nation under any program or activity funded in whole or in part
with funds made available under this title.
(b) Whenever the Secretary- determines that a State or unit
of general local government which is a recipient of assistance
under this title has failed to comply with subsection (a) or
an applicable regulation, tie shall notify the Governor such
State or the Chief executive officer of such unit of local govern-
ment of the noncompliance and shall request the Governor or the
Chief executive officer to secure compliance. If within a reason-
able period of time, not to exceed sixty days, the Governor or ,.
the chief executive ifficer fails or refuses to secure compliance,
the Secretary is authcriLt.:!Li to (1) refer the matter to the attorney
General with a recommendation that an appropriate civil action be
institutes, (2) exercise the Dowers ;inri funr r„-,..,; 4 4
CIVIL RIGHTS ACT OF 1964
Title VI
Nondiscrimination in Federally assisted Programs
Title VI provides that no person shall, on the ground of race,
color, or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance. It di-
rects each Federal department or agency which extends financial
assistance to any program or activity through grants loans, or con-
tracts, except contracts of insurance or guaranty, to issue rules or
regulations to be approved by the President to carry out the purposes
of the Title. Title VI authorizes the termination or the refusal to
grant or continue Federal assistance under any program or activity
involving a recipient as to whom there has been an express finding on
the record of a failure to comply but only, after due notice, an
opportunity for hearing and a determination that compliance cannot
be secured by voluntary means.
In addition, no such action shall be effective until the head of
the Federal department or agency has filed with the appropriate com-
mittees of the House and Senate a full written report and 30 days
have elapsed after the filing of such report.
Sec. 801. No person in the United States shall, on the ground
of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance.
Sec. 602. Each Federal department and agency which is empowered
to extend Federal financial assistance to any program or activity,
by way of grant, loan, or contract other than a contract of insuran
or guaranty, is authorized and directed to effectuate the provisions
of section 601 with respect to such program or activity by issuing
rules, regulations, or orders of general applicability which shall
be consistent with achievement of the objectives of the statute au-
thorizing the financial assistance in connection with which the action
is taken. No such rule, regulation, or order shall become effective
unless and until approved by the President. Compliance with any re-
quirement adopted pursuant to this section may be effected (1) by the
termination of or refusal to grant or to continue assistance under such
program or activity to any recipient as to whom there has been an ex-
press finding on the record, after opportunity for hearing, of a
failure to comply with such requirement, but such termination or re-
fusal shall be limited to the particular political entity, or part
thereof, or other recipient as to whom such a finding has been made
and, shall be limited in its effect to the particular program, or part
thereof, in which such noncompliance has been so found, or (2) by any
other means authorized by law: Provided, however, That no such action
shall be taken until the department or agency concerned has advised
the appropriate person or persons of the failure to comply with the
requirement and has determined that compliance cannot be secured by
voluntary means. In the case of any action terminating, or refusing
to grant or continue, assistance because of failure to comply with a
requirement imposed pursuant to this section, the head of the Federal
department or agency shall file with the committees of the House and
Senate having legislative jurisdiction over the program or activity
involved a full written report of the circumstances and the grounds for
such action. No such action shall become effective until thirty days
have elapsed after the filing of such report.
Sec. 603. any department or agency action taken pursuant to
section 602 shall he subiect to sun!i iiidinia1 rPViaw ac may nthct.v;co
may obtain jut ial review of such action in :ordance with section
10 of - che Administrative Procedure Act, and such action shall not be
deemed committed to unreviewable agency discretion within the meaning
of that section.
Sec. 604. Nothing contained in this title shall be construes to
authorize action under this title by any department or agency with
respect to any employment practice of any employer, employment agency,
or labor organization except where a primary objective of the Federal
financial assistance is to provide employment.
Sec. 605. Nothing in this title shall add to or detract from
any existing authority with respect to any program or activity under
which Federal financial assistance is extended by way of a contract
of insurance or guaranty.
ITY OF LYN-O0n
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PLUF DI AMOND MATERIALS
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CAL STATE HEATING & AIR
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SRnuTS (�FF.iCI
. OF TF�- CASKET
T1r1 TC tiI(•.S
, ,r , .vl(F 1 /u,5
(.( •. Pol y r /er`Iwl
0 GLINT
235.
tu.71
bU.UO
2 Intl,
.b2
29.2a
31-e .60
9.00
I65.2c
357.23
694.
139.bu
10.00
15.u0
15.Uu
45.UU
74.LH
199489.50
29.47
99431.98
l ,1.uu
15.UU
15.UU
72 9748.48
112.4U
95, b6
19616.24
279412.5U
J41.66
56.7,1
1J5.00
566.00
To96b4.7b
b3.90
,18c.50
10. Liu
15.00
1rd3f).90
21U.n7
374.48
15.50
370.UU
397.31
1.01) U.Uu
!1.75
15.Uu
15.U0
1`+J.bb
31.opa
~99,.1,7
2ti5.U0
c9.0U
3�r. /ts
0U
1 .U1
TA
.r
0 /0(/(((( THknU�H 3 /ly /hS
<0 tj AMt I ;FSCr
+Q )(FPDX CORNOWJ ION MONTHLY PAYNFNT
i0 YOJINC, PFOPLF: OF LY (iuAFF ITI RFMOVAL 2/85
i1 /ONING HULLFTIN 1 YtAk ;Uf
TOTAL
:)ROVAL.:
AMOUNT
lrll[.J.i
1.
36.u5
t v6J9491.11
V
IOTALS rlY FUND
rJIIr << +FN
1
GFNF( nL FU'JD
452.2ts5.14
NUMkF
2
wA TFP FUND
1U3.62g.5�
NUMr�EN
3
TRAFFIC SAFFTY FUND
J5929?.72
tv(WHFP
4
LI( ;HTINb MAINTFrIANCF FUND
10.3 12.00
NWikEH
5
CAPITAL IMPQ0VF4FNT FUNI)
lb.507.49
NUMkFN
8
GAUAGF' FUND
J1.459.86
NUMFEk
Q
RFTIREMENT Flir.0
909967.63
NwAFEk
12
PEVFNIIF SHARTK FUND
67.690.30
NUMr'
23
SFLF INSURANCE FUND
lb•484.72
Nw-
74
RECREATION (;RANT SF 174 FUND
3M4.56
K'UMPER
0
H.C.0.4. FUND
L4.729.63
NOMREP
31
TPANSPOPTATION FUND
4014.83
NIIMPEN
32
PROP "A" LOCAL RETURN FUND
10.041.76
Nlt +tFEk
33
LANDSCAPE MAINTENANCE FUND
6v 834.54
ALL FUNDS
963.491.71