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2003-09-04CC_sp
Procedures for Addressing t he Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE.MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE SPECIAL MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON SEPTEMBER 4, 2003 COUNCIL CHAMBERS 3:00 P.M. 11330 BULLIS ROAD, LYNWOOD, CA 90262 FERNANDO PEDROZA MAYOR RAMON RODRIGUEZ MAYOR PRO -TEM ARTURO REYES COUNCILMEMBER CITY MANAGER LORRY HEMPE 4 -"1 I RECIiv CITY OF I YN4�'OOD C IT1 r' G'i v,^ r -n'F AM SPP 0 O n 2003 7 1 8 j 9 1 10 1 11 1V11i2, 3141516 LOUIS BYRD COUNCILMEMBER PAUL H. RICHARDS, II COUNCILMEMBER CITY ATTORNEY JAMES CASSO CITY CLERK CITY TREASURER ANDREA L. HOOPER IRIS PYGATT OPENING CEREMONIES 1 CALL TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS LOUIS BYRD ARTURO REYES PAUL H. RICHARDS, II RAMON RODRIGUEZ FERNANDO PEDROZA 4 PLEDGE OF ALLEGIANCE O UBLIC ORAL COMMUNICATIONS '(Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M Brown Act, Government Code Section 54950 - 54962, Part III, Paragraph 5.) DISCUSSION ITEMS CONSIDERATION OF ADOPTING A RESOLUTION ON FRAUD AND IRREGULARITIES RELATING TO THE RECALL ELECTION Comments: At the regularly scheduled meeting of September 2, 2003 the City Council directed the City Attorney to submit a supplemental letter to the District Attorney's Office relating to the fraud uncovered as part of the recall election investigation. The City Council also directed the City Attorney to prepare a resolution outlining the findings of fraud and requesting the criminal prosecution of parties associated with the fraud The resolution will be submitted to Council Members under separate cover Recommendation Staff recommends that the City Council review the resolution prepared by the City Attorney and direct staff accordingly CLOSED SESSION With respect to every item of business to be discussed in closed session pursuant to Section 54956 9 CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Subdivision (a) of Section 54956.9) 1 Name of Case. Juan Figueroa vs City of Lynwood Case # BC267680 2 Name of Case: Maria Santillan and Lynwood Citizens for Good Government v City of Lynwood, et al. Case No.Bso84078 3 Name of Case Thomas v City of Lynwood Case No BC288238 4 Name of Case Regency Outdoor Advertising, Inc, v City of Lynwood Case No BC285256 5 Name of Case Allied Governmental Services (AGS) v City of Lynwood Case No BS075800 6 Name of Case Laverne Jackson and Jackson & Associates v City of Lynwood Case No. BC288237 0 L 7 Name of Case: Cynthia Green =Geter vs. City of Lynwood, et al Case # MONO287727 ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 16, 2003 AT 6:00'P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA RESOLUTION NO. 200-3- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REQUESTING THE INVESTIGATION AND PROSECUTION OF FRAUD PERJURY AND OTHER RELATED CRIMINAL OFFENSES RELATED TO THE UPCOMING SPECIAL MUNICIPAL ELECTION WHEREAS, the City Clerk, Andrea L. Hooper, was stfipped of her duties as election official in January, 2002 and the former City Manager was named as the new election official despite objections related to his inherent conflict of interest; and WHEREAS, the City Manager thereafter appointed the Treasurer of record for recall proponent, Maria Santillan, as Deputy Election Official to monitor the daily activities of pending recalls, and WHEREAS, the City Council has since determined that the action taken to appoint the City Manager as Election Official was a violation of public policy due to conflict of interest and incompatibility of offices, and WHEREAS, the City Clerk's duties as election official were restored on April 1, 2003,and WHEREAS, prior to the restoration of election official duties, City Clerk Hooper was not in the position to monitor a fair and fraud -free signature collection process as mandated by State and federal law, nor was the City Clerk in the position to respond to complaints and other protests in connection with the recall process; and WHEREAS, on April 21, 2003, City Clerk Hooper accepted, as filed, petitions to recall Councilmember Paul H. Richards, fl, pursuant to California Elections Code Section 11222, and WHEREAS, on April 22, 2003, City Clerk Hooper had the petitions delivered to the Los Angeles County Registrar- Recorder, requesting a determination that the requisite number of signatures on the petitions had been collected; and WHEREAS, on May 8, 2003, City Clerk Hooper learned that the Registrar - Recorder had determined the requisite number of signatures on the recall petitions had been verified; and 0 0 WHEREAS, on May 20, 2003, the first regularly- scheduled City Council meeting after she learned of the determination from the Registrar- Recorder, City Clerk Hooper submitted a "Certificate of Sufficiency" to the Lynwood City Council in compliance with Elections Code Section 11227, and WHEREAS, on June 3, 2003, the Lynwood City Council cited fraud and irregularities and did not set the date for the recall election as provided in Elections Code Section 11240 and alternatively called for an immediate investigation into the recall effort; and WHEREAS, pursuant to Section 11241 of the California Elections Code, on June 6,2003 the Los Angeles County Registrar- Recorder ordered a special municipal election to be held in the City of Lynwood, California on September 23,2003, and WHEREAS, on June 4, 2003, City Attorney James M. Casso received information and documents, including declarations signed under penalty of perjury, that individuals who are not registered Lynwood voters collected nearly 1,800 signatures for the recall petitions in violation of Elections Code Section 11045, and WHEREAS, since June 4, 2003, the City Attorney, through an investigation, has learned that certain persons, including proponents of the recall effort may have engaged in a well- calculated scheme to defraud the electoral process and the citizens of Lynwood; and WHEREAS, on June 11,2003, Superior Court Judge Dzintra Janays issued an order permitting the City Attornev to inspect the recall petitions and related documents. Pursuant to that order, the review occurred, jointly with the Secretary of State, on June 30, 2003, and WHEREAS, because of facts uncovered during the June 30, 2003 review, the City Attorney advised various local and state election officials and the Los Angeles County District Attorney's office that irregularities or possible fraud exist involving the efforts of the proponents of the recall, and WHEREAS, despite these serious allegations and evidence of irregularities and fraud, the City Clerk, in compliance with Elections Code Section 11381, opened the nomination period from June 30, 2003, through July 9, 2003, for persons interested in becoming a candidate to succeed Councilmember Richards; and WHEREAS, the City Attorney has since uncovered additional evidence that the recall proponents engaged in activities that apparently violated the specific proscriptions of Elections Code Sections 11045 and 11046 and, as a result, that the proponents appear to have defrauded the voters of the City of Lynwood, and 9 9 WHEREAS, the violations of the recall proponents may subject them to the criminal liabilities as set forth in Elections Code Section 18600, et seq., and/or any other applicable penal provisions; and WHEREAS, on September 2, 2003, the City Clerk admitted that had she been aware of the fraud and the activities of the proponents that occurred during the petition circulation process of the recall she would not have accepted or certified the recall petitions, and WHEREAS, the Lynwood City Council believes that a failure to carefully and prudently investigate the allegations would be contrary to public policy and one of the fundamental tenets of California's elections law; namely, that elections, including recall elections, be beyond reproach; and WHEREAS, the Lynwood City Council is requesting the assistance of the District Attorney and Secretary of State to investigate and prosecute any and all violations of the law that have been uncovered as a result of the City Attorney's investigation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1. The City Clerk is directed to immediately upon passage submit a copy of this resolution to the Los Angeles County District Attorney's office and the Secretary of State's office. Section 2. The City Clerk and the City Attorney are authorized and directed to continue the investigation into the activities of the proponents of the September 23, 2003 special municipal election to ensure that the election is free from irregularities or fraud and to report their findings to the appropriate local and state elections, the District Attorney's office and/or to seek appropriate relief from a court of competent jurisdiction. Section 3. The City Clerk, City Attorney, and City Manager are authorized to carry out any transactions so ordered by this resolution. Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution and it shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this day of , 2003 FERNANDO PEDROZA, MAYOR 9 ATTEST ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM. CITY ATTORNEY 0 APPROVED AS TO CONTENT LORRY HEMPE, CITY MANAGER 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 Lynwood at a special meeting held on the day of , 2003 AYES NOES ABSENT ABSTAIN ANDREA L. HOOPER, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES } } SS. 1 • 6 I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this day of 2003 ANDREA L. HOOPER, CITY CLERK 25. COMPREHENSIVE TRAFFIC SAFETY PROGRAM GRANT AWARD BY THE STATE OF TRAFFIC SAFETY Comments: The State Office of Traffic Safety has awarded the City with the Comprehensive Traffic Safety Grant in the amount of $160,000. The grant will be implemented by the Sheriffs Department, which includes traffic safety education and enforcement. Recommendations: Staff recommends that the City Council receive and file staffs report on the award of the Comprehensive Traffic Safety Program Grant and direct staff to prepare the necessary contract amendment with the Sheriffs Department for the implementation of this grant. 26. LYNWOOD WOMEN'S COMMISSION CONFERENCE FOR WOMEN Comments: The Lynwood Women's Commission would like to conduct a conference for women on October 16, 2003 and request that City Council's authorization to move forward with the conference. Recommendation: Staff recommends that the City Council approve the conference for women and authorize staff to work with Lynwood Women's Commission in order to move forward with activities associated with the planning and conduction of the event. DISCUSSION ITEMS 27 UPDATE ON SPECIAL MUNICIPAL ELECTION AND RECALL FRAUD INVESTIGATION Comments: The purpose of this item is to provide the City Council with a status report on the upcoming Special Municipal Election and the related ongoing fraud investigation related to the recall. Recommendation: Staff recommends that the City Council receive a presentation from the City Attorney and City Clerk and direct staff accordingly 28. PARENT —U -TURN REQUEST RELATIVE TO ADJUSTING THE TROLLEY BUS SCHEDULE Comments The School District recently made a decision to have the kids that normally would have attend Hostler Middle School would now attend Lynwood Middle School instead. The parents feel that the kids would now be forced to walk further because of this decision. They have requested that the City adjust the Trolley Bus Schedule earlier to help alleviate this problem. Since the fiscal impact to the City is significant; the City may not be able to accommodate the request. Recommendation: Staff recommends that the City Council receive and file the staff report. 0 0 29. SOLID WASTE COLLECTION SERVICES CONTRACT AWARD Comments: In its meeting of August 15, 2003, the City Council authorized staff to negotiate toward a final contract agreement with Consolidated Disposal Services to provide residential, commercial and roll -off solid waste collection and recycling services. Staff has negotiated the final contract terms with the contractor and has finalized the draft contract agreement. Recommendations: Staff recommends that the City Council adopt the attached resolution entitled:" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CONSOLIDATED DISPOSAL SERVICES TO PROVIDE RESIDENTIAL, COMMERCIAL, ROLL -OFF SOLID WASTE COLLECTION AND RECYCLING SERVICES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT' CITY COUNCIL ORAL AND WRITTEN COMMUNICATION 30. A. FERNANDO PEDROZA, MAYOR RAMON RODRIGUEZ, MAYOR PRO -TEM LOUIS BYRD, COUNCILMEMBER ARTURO REYES, COUNCILMEMBER PAUL H. RICHARDS, II, COUNCILMEMBER CLOSED SESSION CLOSED SESSION ITEMS With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property Ham Park Agency Negotiator City Council, Staff, City Attorney Negotiating parties: City of Lynwood & Lynwood Unified School District Under negotiation: Price and terms of Payment With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (subdivision (a) of section 54956.9) Name of Case: Maria Santillan and Lynwood Citizens for Good Government v City of Lynwood, at al. Case No. Bso84078 0 0 C. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: Number of Cases: one matter of potential litigation and one matter of potential initiation of litigation. ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 16, 2003 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. 10 0 0 LYNWOOD CITY COUNCIL SPECIAL MEETING JULY 28, 2003 The City Council of the City of Lynwood met in a Special Meeting in the Council Chambers, 11330 Bullis Road on the above date at 10.13 a.m. Mayor Pedroza presiding. Councilman Byrd, Reyes, Richards, Rodriguez and Pedroza answered the roll call. Also present were City Manager Hempe, City Attorney Casso, City Clerk Hooper and City Treasurer Pygatt. City Clerk Andrea Hooper announced that the agenda had been duly posted in accordance with the Brown Act. Mayor Pedroza recessed to Lynwood Information, Inc. and L ynwood Public Finance Authority, and Lynwood Redevelopment, at 10.14 a.m. It was moved by Councilman Richards, seconded by Councilman Byrd, and carried. Council reconvened at 10.19 a.m. PUBLIC ORAL COMMUNICATIONS (All agencies) Ivan Crosby, Universal Mass Media Center, Inc. - Item #10 (Proposal from Universal Mass Media Center, Inc.) Stated he did not have the opportunity to review the Mass Media Resolution before the meeting, and disagrees on several items of the resolution, which would require to be changed. City Attorney Casso responded that Mr Duran has negotiated with MMCI on the terms and conditions of the contract, and the remaining issue is the insurance requirements that are required in every city contract, in order to protect the City's best interest and to ensure any other issues that arise of liability Stated the remaining issue to be dealt with is that they are waiting on a counter language on section 12 of the agreement. Mr. Crosby stated that MMCI employees will not be directly involved with the City to do the work as this is a one -time contract. Feels that this is an Independent Contract and doesn't require additional liability coverage. Councilman Richards stated he would make some recommendations when they get to this item. Maria Garcia, Universal Mass Media Center, Inc. - Item #10 (Proposal from UniversaFAGENDA Mass Media Center, Inc.) Stated she has been in contact with Mr Duran regarding thi matter and all they want is a fair contract to continue their work. 0 0 City Attorney Casso stated they are working under City Council's direction and they are doing the best to ensure that the City's best interest is protected. Sam Perdomo, Consolidated Disposal, Inc. - Item 413 (Solid Waste Collection Contract) Stated his company has submitted a draft contract and hasn't received any written response, and suggests that Council make a decision. Also requested a copy of Waste Resource Inc. financial pro forma. Pearline Calderon, 4010 Josephine St. - Questioned why MMCI needs liability insurance since the program would benefit the community Margaret Araujo, 3621 Cedar Ave. - Spoke in support of Item #8 (Karate Program Sponsorship) asked that Council approve the sponsorship for this program. Spoke in favor of Item #9 (Installing a protected - permissive Left Turn green signal on Imperial Highway accessing the entrance to Plaza Mexico) and requested to install signal on Imperial Highway Margaret Araujo, 3621 Cedar Ave. - Presented each Council member with white Guayaberas to kick -off city special events. Stated the Mayor has received his white guayabera. CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request items be removed from the Consent Calendar for separate action. It was moved Councilman Reyes, seconded by Councilman Byrd to adopt the following resolutions: Item #5: FINANCING TEAM PROPOSALS RESOLUTION NO. 2003.143 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING COST OF SERVICE FEE PROPOSALS SUBMITTED BY THE FINANCING TEAM IN CONNECTION WITH THE LYNWOOD UTILITY AUTHORITY" Item #6: AWARD OF CONTRACT STREET IMPROVEMENT PROJECT, PROJECT NO 05 -5266 LONG BEACH BLVD RESOLUTION NO. 2003.144 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO SYLVIA CONSTRUCTION, IN THE AMOUNT OF $156,637.00 FOR THE LONG BEACH BLVD. IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5266, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT" 0 0 Item #7: AMENDMENT TO THE SALARY SCHEDULE FOR THE INCLUSION OF PARKING CONTROL OFFICER RESOLUTION NO. 2003.145 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE HOURLY SECTION OF THE SALARY SCHEDULE FOR THE INCLUSION OF PARKING CONTROL OFFICER" ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE City Manager Hempe requested that Council consider reordering the agenda to discuss Item #14 first. Item #14: LYNWOOD TECHNOLOGY CORPS — A YOUTH JOB TRAINING PROGRAM City Manager Hempe explained that at Council's request to implement a summer job program for Lynwood's youth to expand the City's Anti- Graffiti Vine Program. The program is designed to train 25 young people from 13 to 18 years of age for a period of 10 weeks on three areas of the City's operations: water, housing and engineering. The selected youth participating in this program will be provided financial stipend of $1,000 to go through training and "hands on" work experience. The purpose of the program is to select 8 to 9 youth participants to work with the Engineering Department to gain experience within this field. Mayor Pedroza stated he looks forward to have the participation of more youth involved and feels that this a good program that would help beautify Lynwood. Councilman Richards stated this would be a good program that provides "hands on" work, training, and work habits, but would like to expand this program with the participation of more youth participants. City Manager Hempe stated that the pilot youth job program would require additional funding from the three areas of the City's operations; water, housing and engineering. Stated the youth would get training from professional city employees within the three areas. It was moved by Councilman Richards, seconded by Councilman Byrd to appropriate $30,000 to implement the Lynwood Technology Corps - a pilot youth job training program. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND PEDROZA 0 0 NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS Item 0: KARATE PROGRAM SPONSORSHIP It was moved by Councilman Richards, seconded by Councilman Byrd to provide financial support and assistance in order to send a team of participants to "The 21 st Annual Aloha State Traditional Karate Championships" to be held in Hawaii on Sunday, August 10, 2003, and also to support in the amount of $2,600 ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #9: INSTALLING A PROTECTED - PERMISSIVE LEFT TURN GREEN SIGNAL ON IMPERIAL HIGHWAY ACCESSING THE ENTRANCE TO PLAZA MEXICO Councilman Richards stated he is familiar with the problems involving the left -turn to Plaza Mexico and recommends option 41 and suggested other funding for this project. Yadi Farhadi, Director of Environmental Service - Explained that since the development of Plaza Mexico it has generated a substantial increase in turning movement into the site at this entrance, staff has determined that the installation of a protected - permissive left turn signal would alleviate much of the congestion by controlling the number of vehicles making left turns at this location. However, this left -turn signal was eliminated during the implementation of the county of Los Angeles's Traffic Signal Coordination Project. Mayor Pedroza commented that traffic has increased at this location and is glad this item was placed on the agenda. Councilman Reyes commented that this location had an existed left turn signal and it is a good idea to install it again for safety, but stated he is concerned with the Fire Station vehicle access. Councilman Byrd reminded staff that a left turn signal at Sanbom and Long Beach Blvd. is still needed. Director of Environmental Farhadi updated the Council on this matter and stated that by next year there would be a left turn signal at this location. Mayor Pedroza directed the City Manager to write a letter to Supervisor Burke regarding the installation of a left turn signal on Sanborn and Long Beach Blvd. ! r After further discussion, it was moved by Councilman Richards, seconded by Councilman Reyes to approve option #1 (Utilizing the City of Lynwood General Fund) and to use other funding for this project, and to approve the total project cost to $39,000 ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10: PROPOSAL FROM UNIVERSAL MASS MEDIA CENTER, INC. It was moved by Councilman Richards to recommend the creation of three publications rather than a single publication, a training program in connection with the production in each of the publications, and to modify the resolution. Councilman Richards read into the record the modifications made to the resolution and agreement. Stated that this program be available to Lynwood residents only Mayor Pedroza seconded motion. Mayor Pedroza stated he supports this program because it would be beneficial to the youth of Lynwood, as it would provide them with training, education and skills in the field of Journalism. Councilman Reyes commented that if the City of Lynwood engages in this type of program, he suggests following the City Attorney's recommendation of obtaining additional liability insurance coverage to protect the City and its residents. Mayor Pedroza stated staff and Mr. Crosby need to seat down to discuss the issues of insurance coverage. Mayor Pro Tern Rodriguez stated that Lynwood residents would be employed for this program and for this reason the City would be liable if they get sued. City Attorney Casso stated that his office is interested in working with City Council and MMCI to ensure the contract goes forward, but he would like to make sure the City is protected. Councilman Richards stated this program is just to publish a monthly tabloid newspaper City Attorney Casso mentioned that the standard insurance coverage now is $2,000,000 of•public liability insurance. Councilman Richards stated he would like to add another provision to his motion, so that staff would have further direction to finalize the agreement. That Council authorize upon receipt of the comprehensive outline training program scheduled from the contractor, that Council authorize release up to one -third of the contract amount. Mayor Pedroza seconded Councilman Richards motion. • City Manager Hempe clarify that Council's recommendation is for staff to finalize the agreement and authorize the Mayor to execute agreement as along they include the recommendations of three publications, a training program, and not to exceed $50,000 Councilman Richards suggested the tabloid format to be a minimum of 20 pages. Councilman Reyes questioned whether this was a gift of public funds. City Attorney Casso inquired what portion of the arrangement would be considered a gift of public funds. Councilman Reyes stated that the publishing of the newspaper using names and pictures, etc. City Attorney Casso stated that in reference to publications, cities with regularity pay out source for the publications of information, documents, or tabloids, so that it's well within the purview of the City to be able to make this kind of expenditure, and it would not be considered a gift of public funds. In regards with publications of the names or likeness of members of the City Council, city officials, they have already discussed this with MMCI, which refers to Political Reform Act and regulations issues, as stated in the agreement. City Attorney Casso stated they would have a further discussion with MMCI regarding a tombstone. Mayor Pedroza stated the purpose of this program is to put out the word to the residents in English a Spanish so that they may take advantage of the programs that would be available to them. City Clerk Hooper requested that the City Attorney clarify the motion made, as the City Manager has also added changes. City Attorney Casso clarified that Councilman Richards made the original motion, and the City Manager was only clarifying staff directions. RESOLUTION NO. 2003.146 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LYNWOOD AND UNIVERSAL MASS MEDIA, INC. FOR THE DEVELOPMENT OF PUBLICATIONS FEATURING THE CITY'S HOUSING, WATER AND RECREATION SERVICES " ROLL CALL: AYES: COUNCILMEN BYRD, RICHARDS, AND PEDROZA NOES: COUNCILMEN REYES AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #11: REVIEW OF PARKING METER ZONE IA (ST FRANCIS ZONE, CAESAR CHAVEZ WAY) It was moved by Councilman Richards, seconded by Councilman Byrd to adopt the resolution. 0 0 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING FREE PARKING TO RESIDENTS AND VISITORS WHO UTILIZE THE PARK AND RECREATIONAL FACILITIES BY ISSUING WEEKLY OR MONTHLY PARKING PERMITS WITHIN THE NATATORIUM PARKING LOT AND CAESAR CHAVEZ WAY" Mayor Pedroza stated he requested this item back on the agenda because he disagrees with parking meters being installed at Lynwood City Park. City Manager Hempe stated that Council directed staff to bring back this item to improve parking meter usage within Lynwood City Park and the Natatorium parking lot. Stated Assistant City Manager Alfretta Earnest and Parking Control Manager J.D Whitaker would give an update of the parking meters status. Councilman Reyes commented that while visiting "El Mercadito" in East of L.A. he noticed that residential areas around commercial streets had an A76 Permit and suggested implementing this type of permit to alleviate the parking situation. Mayor Pro Tern Rodriguez stated he has received complaints from coaches and residents about the parking meters and suggested issuing parking permits. Councilman Byrd stated that if permits were issued they would have to restrict parking time, but suggested that Birch Street residents obtain permits to park at their residential areas. Assistant City Manager Earnest stated that per direction of the City Council, staff was assigned the task of providing options and recommendations to improve the mode of operations currently established within Parking Meter Zone IA. Stated that St. Francis Medical Center staff utilized Lynwood City Park parking, not allowing available parking for residents who visited Lynwood Park. Parking Control Manager Whitaker - Explained that the impacted residential areas are Caesar Chavez Way and the natatorium parking lot. Stated Birch Street has been highly impacted with no parking available for its residents. Also explained the parking meter plan. Mr Whitaker suggested issuing permits to Birch Street residents. Assistant City Manager Earnest stated that staff is recommending the option of allowing free parking within the Natatorium parking lot and Caesar Chavez Way to residents and visitors who utilize the park and recreational facilities. The free permit parking, to be issued by the Recreation Department, will be implemented from Monday to Friday between 7.00 a.m. to 3:00 p.m. Signs will be posted that parking fees will be enforced from Monday to Friday between 3.00 p.m. to 7.00 a.m., on weekends and holidays. Mayor Pedroza stated he would like free parking along the natatorium parking lot and Caesar Chavez Way to residents only, not visitors. Stated he recommends free parking from 3:00 p.m. to 7.00 a.m., and charge parking from 7 a.m. to 3.00 p.m. 0 46 Councilman Reyes mentioned that they need to address the issue of Hosler Middle School teachers taking over the parking areas within city facilities. Also mentioned that a resident has claimed ownership over a public driveway entrance. Mayor Pedroza stated this matter should be addressed and enforced by the Sheriffs. City Manager Hempe requested to bring back this item with a resolution regarding permits, how to handle Birch Street, how to handle the parking area near the city park and the Youth Center Stated she would like staff to come up with recommendations on how to implement permits, time limitation and stickers on meters. Mayor Pedroza stated that Council needs to make a decision about residents parking free between the hours of 3:00 p.m. to 7 a.m. and change the signs and posted them accordingly and joins forces to enforce this immediately Previous resolution was not adopted and new resolution is forthcoming. It was moved by Mayor Pedroza, seconded by Councilman Byrd to go with staffs recommendation allowing residents of the City of Lynwood to park for free after 3 p.m. until park closes, and to bring back recommendations on residential street permits. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #12: STATUS OF TEEN SQUARE PROJECT, PROJECT NO 05 -5257 Director of Environmental Services Yadi Farhadi - Explained the City has completed the environmental documentation required by the state and has received the environmental clearance. The City has received approval from the state to commence with the preliminary engineering phase. The design will be done in- house. They are in process of negotiations with Caltrans and MTA. Stated this project would only cover a section of Birch Street and Mulford Avenue. Mayor Pedroza questioned how long would it take staff to complete the design. Director of Environmental Services Farhadi responded that by the end of year Councilman Richards stated that he would like to see this project included in the 'Big Picture" projects and move forward. Mayor Pedroza stated that he would also like to see this project move forward. City Manager Hempe stated she would provide City Council a memo on this item and would also expedite this project. After further discussion, it was moved by Councilman Reyes, seconded by Mayor Pro Tern Rodriguez and carried to receive and file staff s report on the status of the Teen Square Project, Project No. 05 -5257. 0 Item #13: SOLID WASTE COLLECTION CONTRACT City Manager Hempe stated City Council directed staff to provide sample agreements of Consolidated Disposal, Inc. and Waste Resources, Inc. Staff has received the updated proposed contract agreement from these contractors. In addition, staff also received a pro forma from WRI. Because the PPP for solid waste collection is a new joint venture concept, staff is recommending that a consultant specializing in this field analyze these documents. Stated she would like for City Council to authorize the City Manager to solicit consultant assistance or to hire a consultant to assist in providing much more comprehensive analysis on this new venture. Director of Environmental Services Yadi Farhadi read the table chart that was provided to all Council members regarding WRI and CDS. Mayor Pro Tem Rodriguez stated that with a conventional trash hauler the City would lose $2,000,000 with the new venture. Councilman Richards questioned some percentage figures, gross figures, line 13, and line 14 of the chart table. He continued to address many concerns regarding the agreement and pro forma. Mayor Pedroza stated that staff has provided them with a last- minute table chart which they had no time to review before. City Manager Hempe responded that staff prepared an analysis based on the pro forma, as it was Council's requested to have a report within 10 days. Councilman Reyes stated that he has problems with the pro forma but feels that Councilman Richards wrote the pro forma himself. Councilman Richards responded that Councilman Reyes is making a big statement and he resent his comments. City Attorney Casso stated that based on what he has reviewed from WRI there wouldn't be any Prop 218 issues. Stated refuse collection fees are not property relative fees under Prop 218, and it doesn't appear to be a conflict of Prop 218. Mayor Pro Tern Rodriguez stated the proposals had been already submitted and suddenly they get another proposal and feels they should go with the process. City Attorney Casso reminded City Council the Rules of Decorum as they are being recorded. Mayor Pedroza stated the trash hauling process has been tinted and long. Councilman Byrd stated that council members never received copies of the trash haulers proposals while the former City Manager was here. Mayor Pedroza questioned the City Manager, if they already have a consultant to do the analysis. City Manager Hempe responded that she does have a consultant to do the work within 30 days. Mayor Pro Tern Rodriguez questioned whether there is a deadline on the AB839 City Manager Hempe responded that there is a deadline. Councilman Richards stated that he would like to clarify for the record the figures that he mentioned because he doesn't want the incorrect information flowing around. Stated that weeks ago he rejected the RSP process due to a number of irregularities that existed. Stated that he has been consisted on his motion and it has been recorded for any one to check the tape. Councilman Richards questioned staff regarding "Attachment C" and 15% of 4.9 millions. Mr Farhadi responded that it was 761,685 Councilman Richards continue asking questions on "Attachment C ", and asked that staff bring back answers. Mayor Pedroza recessed at 12:45 p.m. to allow staff to calculate the figures. Council reconvened at 1.30 p.m. Mayor Pedroza questioned where would Waste Resources, Inc. take the trash collected. Paul Nguyen responded that the trash would be dumped at Puente Hills. City Manager Hempe stated WRI is willing to expand the City Corporate Yard. Mayor Pedroza inquired about the Material Recovery Facility (M.R.F ) process. Larry McQuaide, Waste Resources, Inc. - Explained that they are looking to acquire a property in the surrounding areas including Lynwood, and hundreds of jobs would be available. Mr McQuaide continues to answer Mayor Pedroza questions. Councilman Reyes stated that it is illegal to conduct negotiations in open session. City Attorney Casso stated that it is Council's privilege to ask questions because nothing has been awarded, no direction to staff to negotiation a contract has been made for either entity. Councilman Reyes continued to express that it is illegal to negotiate in open session as it is in bad faith. City Attorney asked Councilman Reyes to point out in the Government Code where it says that Council can't ask questions. Councilman Reyes stated that he would bring this issue to the District Attorney because it is illegal to negotiate in open session. Councilman Richards questioned Mr. McQuaide regarding the 200 tons a day, franchise fee, etc. It was moved by Councilman Richards that he would like to see that if staff desires to engage professionals along with City Attorney whether advises to do this. At the next regular scheduled meeting, he would like to see an agreement brought back which at a minimum secures a 15% franchise fee on the gross revenues generated, consisted with past operations and a minimum of 500,000 profit for the City or 40% whichever is the greater. Also would like to see the proposal at the next regular scheduled meeting and to give Consolidated Disposal Services the opportunity to clear any discrepancies that might exist regarding that proposal. Also stated he would like to review the M.R.F at a separate meeting since it is a more complex matter, seconded by Mayor Pedroza. Mayor Pro Tern Rodriguez stated that in all fairness to residents, he would like a consultant to give a report on this matter. Councilman Richards stated this was already included in his motion. Councilman Reyes requested a non -bias legal opinion from an independent attorney regarding the violation issue on Prop 218. City Attorney Casso stated he will provide Council a written report on Prop 218, but would like to clarify that his opinions don't hedge for the person who ask or don't ask for it, and he takes exception that they need an independent attorney, and stated his independence is in the best interest of the City of Lynwood, not in interest of any particular member of this council. City Attorney Casso stated he did not have an opportunity to review the WRI proposal. City Manager Hempe stated that Council is not giving staff enough time to prepare for the next regular meeting. Councilman Richards suggested setting new perimeters (1) 40% instead of 30 %, (2) 500,000 minimum profit that could increase depending on the operation, and would like to see both conventional methods. ROLL CALL: AYES: COUNCILMEN BYRD, RICHARDS, AND PEDROZA NOES: COUNCILMEN REYES AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #15: CONSIDERATION OF A RESOLUTION RELATED TO THE SPECIAL MUNICIPAL ELECTION City Attorney Casso stated this a resolution relative to the Special Municipal Election set for September 23rd, it provides for the appropriation of $50,000 to cover the cost of that election, and also would directed and authorized the City Clerk and the City Attorney's Office to continue the investigation into the activities of the proponent of the recall, to ensure that the election is free from irregularities or fraud as it has been previously reported in several council meetings in the past. Councilman Reyes reminded City Council that earlier during this meeting an item was presented to them without any back up material, and now they are provided with a last minute resolution which they can't make a sound decision on it, stated that the agenda only contained the item listed but no back up documentation. Stated that he is offended by the way this handle. It was moved by Councilman Reyes, seconded by Mayor Pro Tern Rodriguez to continue this item. 0 0 Councilman Richards made a substitute motion that at this time have the resolution read in full into the record so there will not be any misunderstanding. If it is required to read the resolution, seconded by Councilman Byrd. ROLL CALL TO READ RESOLUTION: AYES: COUNCILMEN BYRD, RICHARDS, AND PEDROZA NOES: COUNCILMEN REYES AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE City Clerk Hooper read the resolution in full into the record. Councilman Richards questioned the City Clerk whether any of the proponent filed financial statements with the City Clerk's Office concerning this election. City Clerk Hooper responded that "no" Councilman Richards inquired if the financial statements are required to be filed. City Clerk responded that the proponents of the recall are required to file financial statements. Councilman Richards stated that the public has the right to know who's financing an effort to oust an elected member of the community City Clerk Hooper responded "yes ". Councilman Richards questioned how does the City Clerk's Office determine whether or not the signature appearing on the petitions are authentic as oppose to forgeries. City Clerk Hooper responded that signatures are sent to the Registrar- Recorder for verification, but if they have a question on person's signature they would also highlighted on their tally City Clerk explained that the Registrar- Recorder makes the determination whether it is forgery, and that's why there are some irregularities. Councilman Richards questioned whether someone is required to attest that the signature appearing is actually signed by person. City Clerk responded that "yes ", on the petition somebody has to sign the back of the petition that they were actually present when the signature was obtained. City Attorney Casso stated that the person who attests that is the signature is the Circulator, who would sign the backside of the petition signing in declaration of penalty of perjury Councilman Richards commented that in another jurisdiction people actually pulled registration cards and forged signatures, and asked the City Clerk if she's aware of this type of incident. City Clerk Hooper responded that "yes" Councilman Richards stated he is concerned with this and hopes that this fraud investigation seeks to make clear that the signatures appearing are actually of those, and that every thing is valid in connection with that. It was moved by Councilman Richards, seconded by Mayor Pedroza to adopt the resolution as long the investigation continues. 0 0 Mayor Pedroza questioned what does the FPPC do to any proponent or council members that doesn't file report their financial statements. City Clerk responded that the first obligation is given to the City Clerk, which the City Clerk Office's sends out three notifications to any council person, City Attorney, City Manager, etc. and after three notifications are sent and not comply with, we have opportunity at each level to fine up to $100 If the person doesn't not complied with the law, a letter can be sent to FPPC and they will investigate the matter Mayor Pedroza questioned whether the proponents of the recall had yet filed financial statements. City Clerk Hooper responded that "no ", because she did not know who was in charge, until recently received something from FPPC and Secretary of State that this group was formed. After further discussion, City Attorney Casso stated that knowing the Secretary of State and District Attorney's Office, if somebody signs stating that they circulated a petition and in fact they did not and through an investigation it is demonstrated and proven, that in fact they did not they are subject to criminal penalties and the statute of limitation is three (3) years. RESOLUTION NO. 2003.142 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 23, 2003, AND AUTHORIZING CONTINUATION OF THE INVESTIGATION INTO EVENTS LEADING UP TO THE SPECIAL MUNICIPAL ELECTION ROLL CALL: AYES: COUNCILMEN BYRD, RICHARDS, AND PEDROZA NOES: COUNCILMEN REYES AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE City Attorney Casso requested to reconvene Lynwood Redevelopment Agency Closed Session Items. CLOSED SESSION City Attorney Casso stated, with respect to every item of business to be discussed in joint Closed Session Pursuant to Section 54956.8 Item #16: CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Ham Park City Negotiator- City Council, Staff, and City Attorney Negotiating parties: City of Lynwood & Lynwood Unified School District Under negotiation: Price and terms of payment 0 0 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property 12150 Alameda Street City Negotiator City Council, Staff, and City Attorney Negotiating parties: City of Lynwood, Processes by Martin Under negotiation: Price and terms C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (subdivision (a) of section 54956.9) Name of Case: Juan Figueroa v City of Lynwood Case No. BC267680 Name of Case: Thomas v. City of Lynwood Case No. BC288238 D CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (subdivision (a) of section 54956.9) Number of Cases: four (4) cases E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Section 54956.8) Title: Administrative Aide It was moved by Councilman Byrd, seconded by Mayor Pedroza and carried to recess to Closed Session at 2.26 p.m. Council reconvened at 4.23 p.m. City Attorney Casso stated Council met on the aforementioned matters and stated on: Item #16: CLOSED SESSION ITEMS A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property Ham Park City Negotiator- City Council, Staff, and City Attorney Negotiating parties: City of Lynwood & Lynwood Unified School District Under negotiation. Price and terms of payment The Council approves on a 5 -0 vote a Memorandum of Understanding between the Lynwood Unified School District and the City of Lynwood related to the purchase sale of Ham Park. The MOU does not conflict with any provisions of the Public Resources Code. City Attorney Casso suggested taking • a vote in open session. Councilman Richards moved the item for the public record, seconded by Councilman Reyes. Councilman Richards stated that despite things said they acted in good faith. Mayor Pedroza stated the City has work very hard to move forward and has cooperate with the Lynwood Unified School District. Councilman Richards requested to reword his motion "in the spirit of good faith and cooperation ", and to move the item. After further discussion, City Attorney Casso stated council directed staff deliver a copy of the sign MOU once executed by the Mayor, City Manager, City Clerk, and City Attorney to the Lynwood Unified School District before the closing business day today ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property- 12150 Alameda Street City Negotiator City Council, Staff, and City Attorney Negotiating parties: City of Lynwood, Processes by Martin Under negotiation: Price and terms 3 -2 vote (dissenting votes were Councilman Reyes & Rodriguez) - Council gave direction to staff to further negotiate and execute the agreement for the leasing of the property at 12150 Alameda Street, and also to look to secure a note for the possible purchase of the property and for leasing the improvement of the property. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (subdivision (a) of section 54956.9) Name of Case: Juan Figueroa v City of Lynwood Case No. BC267680 Council rejected the settlement demand by the Plaintiff and gave direction to Legal Counsel and no final action was taken. Name of Case: Thomas v City of Lynwood Case No. BC288238 0 0 Council gave direction to Legal Counsel - nothing further to report. D CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (subdivision (a) of section 54956.9) Number of Cases: four (4) cases City Attorney Casso reported only two cases were discussed and on a 5 -0 vote Council gave direction to Legal Counsel - nothing further to report. E. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Section 54956.8) Title: Administrative Aide Item was not considered and it was pulled for consideration. Councilman Richards requested that staff write a thank you letter to Mr. & Mrs. Araujo for providing them with the white Guayaberas. ADJOURNMENT Having no further discussion, it was moved by Councilman Byrd, seconded by Mayor Pro Tern Rodriguez and carried to adjourn the Regular Council Meeting at 4.31 p.m. Fernando Pedroza, Mayor Andrea L. Hooper, City Clerk 0 9 LYNWOOD CITY COUNCIL REGULAR MEETING AUGUST 5, 2003 The City Council of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on the above date at 6:15 p.m. Mayor Pedroza presiding. Councilman Byrd, Reyes, Richards, Rodriguez and Pedroza answered the roll call. Also present were City Manager Hempe, City Attorney Casso, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act. PRESENTATIONS/PROCLAMATIONS: • Melanie Andrews introduced to the Council,, Robert Peterson and William Thomas from Lynwood High School for their outstanding achievements in sports. Mayor Pedroza, — Stated that Council would first open Public Oral Communications for discussion on Item #9 PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Pat Shields — Item #9• Stated that one effort involves seeking out available grant funds to create childcare programs and facilities. A grant has been located through First 5 L.A. that would enhance the availability and quality of childcare programs in the City of Lynwood. Irene Garcia — Item #9• Spoke in regards to young ladies being sexually active and not taking care of themselves and becoming pregnant at such a young age also being involved with drugs and passing it on to their unborn children, believes that this Grant is not a safeguard Grant to be provided only to the children and not the parents, stated that it is time for the parents to be responsible. PUBLIC ORALS COMMUNICATIONS NONE Item #9: FIRST 5 L.A. CHILD CARE GRANT City Manager Hempe — Explained to Council that staff has been working with the City's Childcare Consultant and the City Council Childcare Committee in an effort to develop activities to enhance childcare opportunities in the City of Lynwood. It was moved by Councilman Byrd, second by Mayor Pedroza to adopt the following Resolution. RESOLUTION NO. 2003.147 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PREPARATION OF ALL REQUIRED DOCUMENTS AND APPLICATION MATERIALS IN ORDER TO SUBMIT APPLICATIONS TO FIRST 5 L.A. FOR THE CHILDCARE PLANNING AS WELL AS SCHOOL READINESS GRANTS CURRENTLY AVAILABLE. ROLL CALL: AYES: COUNCILMAN PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE BYRD, REYES, RICHARDS, RODRIGUEZ, 0 PRESENTATION: Perry Brents, Recreation Super Intendent — Announced to the Council that the City is hosting their National Night Out Event tonight and would like for the Council and staff to join them. ADJOURNMENT Having no further discussion, it was moved by Councilman Richards, seconded by Mayor Pedroza and carried to recess the Regular Council Meeting at 6.35 p.m. for the National Night Out Program and continue the meeting to August 6, 2003 at 10 a.m. Fernando Pedroza, Mayor Andrea L. Hooper, City Clerk 0 0 LYNWOOD CITY COUNCIL SPECIAL MEETING AUGUST 6, 2003 The City Council of the City of Lynwood met in a Special Meeting in the Council Chambers, 11330 Bullis Road on the above date at 10:20 a.m. Mayor Pedroza presiding. Councilman Byrd, Reyes, Richards, Rodriguez and Pedroza answered the roll call. Also present were City Manager Hempe, City Attorney Casso, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act. City Attorney Casso — Announced to the Council members to open the Special Meeting and then recess it and open the reconvened Regular Meeting of last night. It was moved by Councilman Reyes, second by Mayor Pedroza to open the Regular reconvened meeting of August 5, 2003 at 10:25 a.m. ROLL CALL. PRESENT: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ AND PEDROZA ABSENT: NONE Councilman Reyes — Stated that he would like to add a Subsequent Need Item in regards to the request of a street closure for the Block Watch Party It was moved by Councilman Reyes, second by Councilman Richards to approve the Subsequent Need Item for the Block Watch street closure party ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE It was moved by Mayor Pro Tem Rodriguez, second by Councilman Byrd to recess the Special Meeting. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia — Item #14 & 16 — Is against Item #14 believes that there is an Ordinance stating that a Yard Sale can only be conducted every three months and the City should abide by the rules On Item 016 stated that she is personally satisfied with the Solid Waste Collection Agency Michael Gonzales — Item #16 — Stated that he is here to represents the Lynwood Citizens of Good Government explained that this group is against Solid Waste Collection. Sam Perdomo — Item #16 — Stated that he is a representative of Consolidated Disposal and wanted to thank the City staff for their outstanding cooperation in working with him. Also stated that he would like for the Council to accept his proposal and to hire the Consolidated Disposal Services for the City of Lynwood. Sylvia Herron — Item #16 — Questioned the Council why does the City Manager need to hire a Consultant, believes it is a waste of time and money 0 9 Lorene Reed — Item 416 — Explained to Council the service that is being provided by Solid Waste is very bad the trucks they drive are very dirty and in bad shape, they pick up the trash when they want to, it is time for the City to make a change Kosti Shirvanian — Item #16 — Owner of Waste Resource explained to the Council that he has been in business for over 40 years and would like for the Council to reconsider his proposal, stated that he would bring better service to the City Larry McQuaide — Item 416 — Stated he would like to meet with the City Council to revise the Waste Resource Proposal, we believe that the City will be better served with Waste Resource than with any other Company PUBLIC ORALS COMMUNICATIONS Sylvia Herron — Thanked the Council and the community for there outstanding cooperation on the National Night Out Event. Irene Garcia — Stated that she has a concern with the Waste Resource employees if Council hires another company what will happen to the employees. Antonio Mongia — Stated on the parking meters on Long Beach Boulevard they have become a problem to us residents the people are now parking in the residential areas instead of paying for the parking meters. Also stated that the Council should provide more Sheriff Officers for Code Enforcement and Parking Enforcement Officers they are faced with a lot threats and problems on the streets. Joe Sloan — Item #16 — Explained that he turned in a proposal to the City staff in regards to providing waste services for the City and would like for the Council to consider his proposal. Steve Tucker — Item #16 — Representative of Solid Waste stated that he would like to sit down with staff and Council to go over the details for the Solid Waste proposal. PUBLIC HEARINGS Item #8: MINUTES OF PREVIOUS MEETING: It was moved by Councilman Reyes, second by Councilman Byrd and carried to approve the following minutes. Regular Meeting, June 17, 2003 ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN• NONE ABSENT: NONE CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. Mayor Pro Tern Rodriguez — Stated he would like to abstain from voting on Item #12 pertaining to his own Business Ace Lumber. It was moved by Councilman Reyes, second by Councilman Byrd to receive and file and adopt the following Resolutions. 0 0 Item #9: FIRST 5 L.A. CHILD CARE GRANT Staff has been working with the City s Childcare Consultant and the Cit_v Council Childcare Sub Committee in an effort to develop activities to enhance childcare Opportunities in the City of Lynwood. One effort involves seeking out available grant funds to create childcare programs and facilities. A grant has been located through First 5 L A. that would enhance the availability and quality of childcare programs in the City of Lynwood. RESOLUTION NO. 2003.147 ENTITLED• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE PREPARATION OF ALL REQUIRED DOCUMENTS AND APPLICATION MATERIALS IN ORDER TO SUBMIT APPLICATIONS TO FIRST 5 L.A. FOR THE CHILDCARE PLANNING AS WELL AS SCHOOL READINESS GRANTS CURRENTLY AVAILABLE. Item 410: TREASURER'S QUARTERLY INVESTMENT REPORT The purpose of this item is to have the Lynwood City Council review the Treasurer's Quarterly Investment Report as required by recently enacted State Statutes. The City Treasurer recommends that the Lynwood City Council receive and file the attached quarterly Investment Report for the quarter ending March 31, 2003 Item #11: UNSPENT 1993 LEASE REVENUE AND 1995 WATER BOND PROCESS The purpose of this item is to have the City Council review previously approved bond financed projects and approve the transfer of capital improvement project transfers -out from the General Fund and Water Fund to the 1993 Lease Revenue Bonds and the 1995 Water Revenue Bonds. RESOLUTION NO. 2003.148 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AND APPROVING THE ALLOCATION OF UNSPENT BOND PROCEEDS TO BE USED TO FUND BOTH PREVIOUS EXPENDITURES INCURRED FOR ELIGIBLE PROJECTS AND TO REDEEM OUTSTANDING BONDS TO REDUCE THE PRINCIPAL BALANCE. Item 412: APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2003.149 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ALLOWING AND APPROVING THE DEMANDS AND ORDERING WARRANTS THEREFORE. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, PEDROZA NOES: NONE ABSTAIN COUNCILMAN RODRIGUEZ ABSTAIN ON WARRANT REGISTER # AND VOTED YES ON THE REST OF THE CONSENT CALENDAR. ABSENT: NONE DISCUSSION ITEMS Item #13: REQUEST FOR A SPECIAL PERMIT FOR JIM HILL PHOTOGRAPHY TO CONDUCT CHILDREN'S PHOTO SESSIONS ON AUGUST 13,14,15,16 AND AUGUST 17, 2003 0 0 It was moved by Councilman Byrd, second by Mayor Pedroza to approve the request of Jim Hill Photography to conduct a children's photo session in the parking lot at the two (2) Lynwood McDonalds Restaurant sites. ROLL CALL: AYES: COUNCILMAN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #14: SPECIAL PERMIT TO CONDUCT BI- WEEKLY YARD SALE BY THE CHURCH OF THE LORD JESUS CHRIST OF THE APOSTOLIC FAITH It was moved by Councilman Reyes, second by Mayor Pedroza to approve the Special Permit to conduct a Bi- Weekly Yard Sale. ROLL CALL AYES: COUNCILMAN REYES, RODRIGUEZ, PEDROZA NOES: COUNCILMAN BYRD, RICHARDS ABSTAIN: NONE ABSENT: NONE Item #15: EASEMENT FOR STORM DRAIN REALIGNMENT AT HAM PARK To accommodate the construction of new buildings for the Lynwood Unified School District's new high schools to be located on Ham Park, the existing storm drain facility beneath this park needs to be realigned. The storm drain realignment requires a new storm drain and access easement from the City It was moved by Councilman Richards, second by Councilman Byrd to approve the following Resolution. RESOLUTION NO. 2003.150 ENTITLED• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RELATIVE TO THE GRANTING AND REVOKING OF CERTAIN STORM DRAIN AND ACCESS EASEMENTS. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE Mayor Pedroza — Stated that he would like to take a five- minute recess at 12.15 p.m. Council reconvened at 12:40 p.m. Item #16: SOLID WASTE COLLECTION CONTRACT At the last City Council meeting staff was directed to sit down with Waste Resources Inc. and Consolidated Disposal Services to negotiate additional terms. City Manager Hempe — Stated she had met with both companies and discussed benefit analysis preformed, base revenue projections and net returns to the City and final rates to customers. Council asked a number of questions regarding the Solid Waste Collection contracts and the comparison of proposals. �J 0 After further discussion, it was moved by Mayor Pro Tem Rodriguez, second by Councilman Reyes to authorize the City Manager to hire a consultant. Council continued discussing Solid Waste Collection Services. City Attorney Casso — Explained the Contracts also explained Proposition 218. Councilman Richards — Moved a substitute motion that 1 Economic deals make sense 2. Waste Resource provides the City with their workload were the City would have input 3 Consolidated Disposal Economic is also good, research these questions and bring back information Items within one week also include all opinions regarding Proposition 218. Mayor Pro Tem Rodriguez withdrew his previous motion. It was moved by Councilman Reyes, second by Mayor Pro Tem Rodriguez a substitute motion to open discussion with the four companies, Consolidated Disposal, Waste Resources Inc. and Cress Off. SUBSTITUTE R OLL CALL: AYES: COUNCILMEN REYES, RODRIGUEZ NOES: COUNCILMEN BYRD, RICHARDS, PEDROZA ABSTAIN: NONE ABSENT: NONE M MOTION ROLL CALL AYES: COUNCILMEN BYRD, RICHARDS, PEDROZA NOES: COUNCILMEN REYES, RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Subsequent Need Item: It was moved by Councilman Reyes, second by Councilman Richards to approve and waive fees for the Block Watch Party, closure for Alexander Avenue. ROLL CALL: AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE CLOSED SESSION City Attorney Casso stated with respect to every item of business to be discussed in Joint Close Session pursuant to Section 54956.8. Item #17: RECONVENED MEETING CLOSED SESSION ITEMS A. Ham Park — City of Lynwood & Lynwood Unified School District B. Thomas v City of Lynwood C. Three (3) Cases Item #4: SPECIAL MEETING CLOSE SESSION ITEM 1. Maria Samillan and Lynwood Citizens for Good Government v City of Lynwood It was moved by Councilman Reyes, second by Mayor Pro Tem and carried to recess to Joint Close Session at 2:00 p.m. Council reconvened at 4.30 p.m. 0 0 City Attorney Casso stated Council met on the aforementioned matters and stated on: Item #17: RECONVENED MEETING CLOSED SESSION ITEMS REPORT A. Ham Park — City of Lynwood & Lynwood Unified School District It was moved by Councilman Reyes, second by Mayor Pedroza to adopt the MOU for the Ham Park. ROLL CALL AYES. COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, PEDROZA NOES: NONE ABSTAIN: NONE ABSENT: NONE B. Thomas v City of Lynwood — No reportable action C. Three (3) cases — No reportable action ADJOURNMENT Having no further discussion, it was moved by Councilman Reyes, seconded by Mayor Pro Tern Rodriguez and carried to adjourn the reconvened Regular Council Meeting at 4-40 p.m. Item #4: SPECIAL MEETING CLOSE SESSION ITEM REPORT 1. Maria Santillan and Lynwood Citizens for Good Government v City of Lynwood — No reportable action ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tem Rodriguez, second by Councilman Reyes and carried to adjourn the Special Meeting at 4 p.m. Fernando Pedroza, Mayor Andrea L. Hooper, City Clerk L DATE: TO: FROM: SUBJECT: PROPOSAL September 2, 2003 9 Honorable Mayor and Members of the City Council Grant Taylor, Special Assistant /Development Services General Plan Amendment No. 2003 -02 Lynwood General Plan & Final Environmental Impact Report To have the City Council conduct a public hearing to consider approval of the Lynwood General Plan Update and certification of the Final Environmental Impact Report, PLEASE BRING YOUR 3 -RING BINDERS (General Plan, Final EIR, Mitigation Monitoring, Statement of Overriding Considerations, and Draft EIR. BACKGROUND The item was continued from the last regular meeting of the City Council on August 19, 2003 and from the Special Council Meeting on August 28, 2003. Staff has updated the Lynwood General Plan and Land Use Map pursuant to City Council workshops and conceptual approval. A Draft Environmental Impact Report (EIR) was prepared to disclose, analyze and provide mitigation measures for all potentially significant environmental effects associated with the Lynwood General Plan Update and its implementation. The Draft EIR was circulated for the State Mandated 45 -day public review period that began May 20, 2003 and ended July 3, 2003. The EIR was distributed to twenty-five (25) State, County and local agencies for review and comments. Three (3) government agencies provided comments on the EIR to include the Southern California Association of Governments (SCAG), the Lynwood Unified School District, and the City of Compton. Pursuant to State Law, the Final EIR contains responses to comments, Mitigation Monitoring Program, and Statement of Facts, Findings and Overriding Conditions. H\ WORDFILE \PLANNING\STAFFRPTgpa2003 -02 genem1plan comcd doc I io ANALYSIS AND DISCUSSION State Government Code Section 65300 requires municipalities to adopt a comprehensive General Plan. The General Plan is the city's guideline for land use and development for the next twenty (20) years. Due to increased population, changes in land use, technology, demographics and other factors, the current General Plan is outdated. The General Plan that was adopted in 1990 reduced density over a large part of the city in an effort to maintain the single - family character in the City of Lynwood. Approximately one -third (1/3) of the City's zoning designations are inconsistent with the general plan land use designations. Pursuant to State Law, whenever a discrepancy exists between the General Plan and zoning designations, the General Plan supersedes. Citizens may own a property that is zoned R -3 (Multiple - Family Residential), in reality have a single - family residential zoning due to the General Plan designation. Or worse yet, a residentially zoned property may have a commercial General Plan Land Use designation that would make the property nonconforming and prohibit any construction other than maintenance and repairs. In addition, State Law requires that in order for a city to approve a discretionary.application, General Plan and zoning designations of the subject property must be consistent. The primary purposes of this General Plan Update is to have consistency between the General Plan Land Use Map and zoning designations, identify new and expanded schools, provide additional open space areas, provide additional housing opportunities, and encourage quality development. The 2003 Lynwood General Plan Update consists of the seven (7) State mandated elements (the Housing Element was previously updated separately) plus three (3) optional elements to include: Land Use Infrastructure /Public Services Economic Development Safety Air Quality Circulation Community Design Noise Open Space & Conservation Housing (previously prepared) Amendments proposed in the Draft General Plan Land Use Map include City Council direction, Planning Commission direction, recently adopted amendments, proposed schools, opportunities for housing, I -105 multi - family residential, and redevelopment projects as follows: H \WORDFILE\ PLANNING\ STAFFRPT \gpa2003 -02 genemlplan.comed doc 2 0 0 • Recent General Plan Amendments (residential, nature park, church); • Schools (Ham Park, Lynwood Plaza, Long Beach /Carlin, Agnes, Lindbergh & Lugo) • I -105 (Century) Freeway Multi - Family Residential • East Long Beach Multi - Family Residential • Atlantic /Elmwood Multi - Family Residential • Specific Plan Areas (Plaza Mexico, Towne Center, West Triangle & Power Center) AREAS OF CONCERN Due to direction from the City Council, direction from Planning Commission, and recently proposed projects, the City Council may want to consider amending four (4) Land Use Map designations as follows: 1) South side of Fernwood Avenue between Long Beach Boulevard and Atlantic Avenue: Staff was directed to designate this narrow strip as open space, however, a proposal for thirty-five (35) residences was approved from Buliis Road to Atlantic Avenue. Designate the area Multi - Family Residential for consistency with the housing project. Remember, you can build a park in a residential zone, but you cannot build houses in an open space zone. 2) East side of State Street between Tweedy Boulevard and Long Beach Boulevard. The Planning Commission recommended commercial designation. The City Council directed staff to leave the area Multi - Family Residential. The area has a mixture of residential and commercial uses. The parcels are shallow and not appropriate for a commercial project. Designate area Multi - Family Residential. 3) Triangle area bounded by Long Beach Boulevard, Imperial Highway, California Avenue and the I -105 Freeway. The 2003 Land Use Map designates part of the area as Multi - Family Residential. Is a commercial project feasible in this area? 4) The replacement park proposes open space and recreation areas on the east side of Atlantic Avenue from the I -105 (Century) Freeway to south of Lavinia Avenue. The west side of Atlantic Avenue proposes relocating a church, a child care and other facilities. The general plan designates both sides of Atlantic Avenue as open space. The City Council may want to consider making the west side of Atlantic commercial or residential while maintaining the east side of Atlantic as open space. H \WORDFILE\ PLANNING\ STAFFRP - Dgpa2003 -02 genenlplan council dm • i RECOMMENDATION Staff recommends that the City Council open the public hearing, accept oral and written testimony, close the public hearing, and adopt the attached Resolution thereby certifying the Final Environmental Impact Report and approving the General Plan Update pursuant to General Plan Amendment No. 2003 -02. Attachments: Proposed General Plan Land Use Map Existing 1990 General Plan Land Use Map General Plan Update — August 2003 Final Environmental Impact Report Mitigation Monitoring Program Statement of Overriding Considerations Draft Environmental Impact Report H' \WORDFILE \PLANNING \ STAFFRPT1bTa003 -0? genemlplan cowcd doc 4 LEGEND Single Family Residential (R -1) Townhouse & Cluster (R-2) ® Multl- Family Reaid. (R-3 & PRO) • Commercial (CB -1, C -2, C -2A, CJ, PCD, HMD) _ Industrial (M) — Public Facility (School, City, Fire) _ Open Space (Parka) Specific Plan Area (SPA) Civic Center Overlay Area (CCOA) C� GENERAL PLAN MAP Y1�wL 00 D , la. 0 0 DATE. September 2, 2003 TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM. Lorry Hempe, City Manager BY Yadollah Farhadi, P.E., DirectVofEnvironment Services /City Engineer Rudolph Brown, Facility Service Manager SUBJECT WEED ABATEMENT PROGRAM — FISCAL YEAR 2003 - 2004 PURPOSE. To authorize and direct City crews to abate the nuisance of dry and drying weeds that exist on certain parcels of land in the City of Lynwood pursuant to Section 39501- 339588 of the Government Code. BACKGROUND: Each year the City is involved in a weed abatement program which consists of the City maintenance crews removing weeds from properties within the City limits and then collecting the costs of said work through a special assessment. On August 19, 2003 the City Council approved and adopted Resolution No 2003 155 declaring its intention to abate dry and drying weeds on certain parcels of land in the City of Lynwood. (See Attachment A). All persons, whose property identified per Resolution No. 2003 155, have been notified by certified mail of the Public Hearing. (See Attachment B). RECOMMENDATION. Staff recommends that the City Council adopt the attached resolution entitled; "A RESOLUTION PASSING UPON OBJECTIONS AND DIRECTING THE DIRECTOR OF ENVIRONMENTAL SERVICES TO ABATE THE NUISANCE OF DRY AND DRYING WEEDS THAT EXIST ON CERTAIN PARCELS OF LAND IN THE CITY OF LYNWOOD " 3ENDA ITEM I 0 9 RESOLUTION NO A RESOLUTION PASSING UPON OBJECTIONS AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO ABATE THE NUISANCE OF DRY AND DRYING WEEDS THAT EXIST ON CERTAIN PARCELS OF LAND IN THE CITY OF LYNWOOD WHEREAS, the City Council of Lynwood adopted Resolution No.2003 155 relating to the abatement of dry and drying weeds, stubble, brush, litter or other flammable materials, on certain parcels of land in the City of Lynwood: and WHEREAS, due notice was given to destroy such weeds pursuant to the provision of Sections 39567 1 of the Government Code: and WHEREAS, the City Council of the City of Lynwood has considered all the facts and is fully informed in the matter, and have acquired jurisdiction to proceed and perform the work of removal of said nuisance. NOW, THEREFORE, BE IT RESOLVED, that any objections presented to said City Council are hereby overruled, and that the Director of Environment Services is hereby instructed to abate the nuisance described in said Resolution No 2003 155 by having said nuisance referred to be removed, and he and his assistants are hereby expressly authorized to enter upon private property for that purpose. BE IT FURTHER RESOLVED that any property owners shall have the right to have any such nuisance removed and abated at his own expense, provided that if such work is done prior to the time that work is done by the City, no charge shall be made by the City of Lynwood. PASSED, APPROVED and ADOPTED this _ day of , 2003 FERNANDO PEDROZA Mayor City of Lynwood L ATTEST Andrea L. Hooper,�City Clerk City of Lynwood APPROVED AS TO FORM. City Attorney City of Lynwood STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. Lorry Hempe City Manager APPROVED AS TO CONTENT Yadollah Farhadi, P.E. Director of Environment Services/ City Engineer I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of , 2003, and passed by the following vote: AYES NOES. ABSENT City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of , 2003 City Clerk, City of Lynwood Attachment (A) ��� CU 4 LY NWOOD �A Crg �Aeettng CkAmp 1 11330 BULLIS ROAD LYNWOOD, CALIFORNIA W262 (310) 609.0220 SITE ADDRESSES: LYNWOOD PROPERTY OWNER: SUBJECT WEED ABATEMENT PROGRAM FOR FISCAL YEAR 2003 — 2004 The City Council at its meeting on August 19, 2003, adopted a resolution, its intention of abating seasonal and recurrent weeds and nuisances on parcels and / or adjacent parkways within the corporate limits of the City of Lynwood. In an effort to provide personal notification to all owners of said properties, we are also mailing this notice to you_ The resolution of intention further indicates a public hearing will be held at 6:00 p.m. on Tuesday, September 2, 2003. Your name has been obtained from the most recent Assessor's rolls as the legal owner of parcels of land within the City of Lynwood,upon which or adjacent to parkways, which seasonal and recurrent weeds and nuisances exist. We are also mailing this 10 day notice to inform you, as the property owner you have the responsibility to maintain the land by removing weeds, debris and making sure it's kept free of any fn hazards. If you refuse to comply with this notice it is anticipated that the City will proceed with abatement and work will be done by City Forces and each lot or adjacent parkway abatement will have its own charge based upon material, time and equipment needed. Should you have any questions please feel free to call me for further clarifications. very truly yours, YADOLLAH FARHA.DI Director of Environmental Services / City Engineer Rudolph brown Facility Service Manager Attachment (a) 0 0 DATE: September 2, 2003 TO: Honorable Mayor and Members of the City Council FROM: Lorry Hempe, City Manager V/ BY: Grant Taylor, Special Assistant /Development Services SUBJECT: City Sale of Ham Park to the Lynwood Unified School District PURPOSE For the City Council to conduct a public hearing to consider sale of Ham Park to the Lynwood Unified School District (LUSD) for construction of a new high school. Ham Park is located at 11555 Wright Road, Assessor Parcel Number 6189 - 032 -900, on the south side of Martin Luther King Jr. Boulevard between Wright Road and Duncan Avenue in the R -1 (Single - Family Residential) zone and totals approximately 10.6 acres in area. BACKGROUND The LUSD plans to acquire Ham Park and approximately four (4) acres of residential property that includes forty-seven (47) residences on twenty-seven (27) parcels and construct a new high school that would total 14.8 acres in area. On May 7, 1953 the County of Los Angeles transferred title of Ham Park (then Lugo Park) to the City of Lynwood. A deed restriction states that the park shall forever remain open space and be utilized for park and recreational activities, otherwise title of the park would revert back to the County of Los Angeles. On June 27, 2000 the LUSD Board of Education adopted the Facilities Master Plan that included the proposal for a high school at Ham Park. On October 17, 2003 the City of Lynwood and LUSD entered into a Joint Use Agreement to provide access to each other's facilities for a period of three (3) years. On March 26, 2002 the LUSD Board of Education approved the Ham Park High School project and Environmental Impact Report. On July 12, and 19, 2003 the City of Lynwood caused a notice of public hearing AOENI published in three (3) newspapers advertising the hearing to consider sale of Ham Pa k. ITEM � H \WORDFILE\PLANNING\STAFFRPT\m= cowed salehampark 9 -2 -03 doe I s 0 On August 6, 2003 a Memorandum of Understanding (MOU) was signed by the LUSD and City of Lynwood regarding LUSD acquisition of Ham Park and a replacement park. The City of Lynwood, LUSD and County of Los Angeles intend to enter a three -party escrow agreement upon approval of the sale of Ham Park that sets forth specifications and joint escrow instructions. The City of Lynwood and LUSD will enter into a Joint Use Agreement upon approval of the sale of Ham Park that sets forth provisions for sharing facilities and accommodating recreation activities at Ham Park until a replacement park is completed. DISCUSSION & ANALYSIS The project at Ham Park proposes a new high school including 162,000 square feet of buildings for 1,600 students on a site of approximately 14.8 acres. The project includes the demolition of homes immediately west of the park along Martin Luther King Jr. Boulevard, Walnut Avenue and Louise Avenue. Ham Park is bordered by Martin Luther King Jr. Boulevard to the north, Cortland Avenue to the south, Wright Road to the east, Duncan Avenue to the west. The park is within an R -1 (Single - Family Residential) zone and the residences are zoned R -2 (Two - Family Residential). The County of Los Angeles, upon transfer of title of the park to the City of Lynwood in 1953 recorded a deed restriction that states Ham Park shall forever remain open space and be used for park and recreation activities, otherwise title of the park shall revert back to the County. Pursuant to State Law, if a park is converted to another use, a replacement park of equal size and value shall be constructed. A replacement park is proposed on Atlantic Avenue, between the I -105 (Century) Freeway and Lavinia Avenue that is of equal size and provides same recreational opportunities that currently exist at Ham Park plus additional recreation programs and opportunities for citizens to utilize. A covenant would be recorded on the title deed that the replacement park shall be used only for public park and playground purposes and if the replacement park ceases to be used as a park, title would revert to the County of Los Angeles. The MOU was designed to assist the LUSD in applying for and obtaining one hundred percent (100 %) reimbursement from the State Allocation Board and the Office of Public School Construction for compensation to acquire Ham Park and assist the City of Lynwood in obtaining funding for a replacement park pursuant to Public Resources Code Section 5400. The MOU sets forth the City's and LUSD intent to enter into long -term agreements for joint use of City owned and LUSD owned properties and facilities. H. \WORDFILE\PLANNINGISTAFFRPTmemo council s Iehampad. 9 -2 -03 doc 2 The MOU was forwarded to the State Allocations Board to serve as notice of intent of the City of Lynwood to sell Ham Park to the LUSD. The MOU is attached. A three -party Escrow Agreement has been drafted that sets forth joint escrow instructions for the City of Lynwood, Lynwood Unified School District and County of Los Angeles. The three (3) agencies intend to execute the escrow agreement upon the sale of Ham Park. A Joint Use Agreement has been drafted and mutually agreed upon by the City of Lynwood and LUSD providing each agency use of the others existing and proposed facilities. In addition, the existing recreation opportunities at Ham Park would be accommodated at a school facility sites. The Joint Use Agreement shall be approved upon sale of Ham Park and would become effective upon the close of Escrow. The Joint Use Agreement is attached. The State Allocations Board has tentatively scheduled an item on their September 24, 2003 agenda that would provide one hundred percent (100 %) compensation to develop a replacement park. The compensation to be paid by the LUSD shall be the appraised value of $35,938.314.00. The City of Lynwood is in compliance with State Law for the sale of Ham Park and development of a replacement park pursuant to the Public Resources Code, specifically: 5401 — No agency or entity shall acquire a public park unless the acquiring entity pays or transfers to the entity operating the park sufficient compensation or land. The State Allocation Board must approve funding of $35,938,314.00 for a replacement park. 5404 — In the event park land and facilities are acquired the operating entity shall acquire substitute park land and facilities. The City of Lynwood has identified a replacement park on Atlantic Avenue between the I -105 (Century) Freeway and Lavinia Avenue. 5405 — The amount of compensation or land, or both, required for taking of park land and facilities shall be equal to the cost of acquiring substitute park land of comparable characteristics. The City of Lynwood has identified substitute park land and an appraisal set the cost of acquisition and construction at $35,938,314.00. 5406 — The operating entity may enter into an agreement with the acquiring entity for a compensation agreement for loss of park land and acquisition of a replacement park. A public hearing shall be scheduled and noticed a minimum of forty -five (45) days prior to the public hearing. The City of Lynwood and LUSD executed a MOU on August 6, 2003, and intend to execute a three -party escrow, and joint use agreement. Notice of public hearing was published in three (3) newspapers on July 12, and July 19, 2003. H rWORUFILEWLANNING \STAFFRPPme council saleharMark 9 -2 -03 doc 3 0 9 5407.1 — Substitute park land and facilities shall be of comparable characteristics and of substantially equal size. The proposed replacement park is of equal size and not only provides comparable park facilities but additional recreational opportunities. 5407.2 — Change of location due to a lack of need for the park in its present location. A determination and finding can be made that there are compelling reasons for acquiring a substitute park in another location to include the need for expanded and modernized park and recreation facilities in the City and the need for a new high school in the City. RECOMMENDATION Staff recommends that the City Council conduct a public hearing, accept oral and written communication, and adopt the attached Resolution approving the sale of Ham Park to the LUSD subject to the following conditions: 1) Sale of Ham Park shall be subject to provisions set forth in the Memorandum of Understanding between the City of Lynwood and Lynwood Unified School District. 2) Sale of Ham Park shall be subject to provisions set forth in the three -party escrow agreement between the City of Lynwood, Lynwood Unified School District and County of Los Angeles with joint escrow instructions. 3) Sale of Ham Park shall be subject to provisions set forth the Joint Use Agreement between the City of Lynwood and Lynwood Unified School District to share all existing facilities, proposed facilities, and accommodate existing recreation programs currently available at Ham Park. Attachments: Location Map Resolution Memorandum of Understanding Three -parry Escrow Agreement Joint Use Agreement H \WORDFILEIPLANNINGISTAFFRPP =councils Ieharpark9- 2- 03.doc 4 • LOCATION MAP MARTIN LUTHER KING JR. BLVD. 4lVrsi c CORTLAND Q an Ir1iia r ur. ~ 24 1 25 ~ In ,1 br° ° m • rl rs 4 5- ° 30 • O_ 2� 23 �P 26 29 31 ? o. m • . 0, e,1..ur N iD Vwg o li..e P• co • rl N Q Ilcaa a � V N Y •la �e jQl V - 0 0 Q - 44 45 46 47 48 49 SO 51 2 43 Q I. AVE WALNUT III b �ri si o n_ V J i ll sr_ HAM PAR ' /C/T OF LYNWC ) - /29 - 47 ��) 3JI9 ? 230 HAM P CORTLAND Q an Ir1iia r ur. O_ av NY In ,1 br° ° m • rl rs • O_ �P I,Y,c a o a„ •• ? o. m • . 0, e,1..ur N iD Vwg o li..e P• co • rl N Q Ilcaa a � V N Y •la �e jQl V - 0 0 - - -- o b ID x v� �ri si o n_ V J i ll sr_ HAM PAR ' /C/T OF LYNWC ) - /29 - 47 ��) 3JI9 ? 230 HAM P h M' M1' u., V � o O 0 J Iq lS r IIS4J I IyIf fISS� /30 /lr�p 3E5/ p 3 Y� Il4 , ub. CascNo. SALE OF HAM PARK TO SCHOOL DISTRICT Site Address. 11555 WRIGHT ROAD AppllcantName: LYNWOOD UNIFIED SCHOOL DISTRICT [ 1 300' or [ 1 500' Radius Map T N CORTLAND NY In ,1 br° ° m • rl rs u Fp ? e,1..ur N iD Vwg o li..e P• co • rl N Q Ilcaa a � V N Y i o n. N r "• b ID x v� Q I. u o N N a Y In ° a SD o h M' M1' u., V � o O 0 J Iq lS r IIS4J I IyIf fISS� /30 /lr�p 3E5/ p 3 Y� Il4 , ub. CascNo. SALE OF HAM PARK TO SCHOOL DISTRICT Site Address. 11555 WRIGHT ROAD AppllcantName: LYNWOOD UNIFIED SCHOOL DISTRICT [ 1 300' or [ 1 500' Radius Map T N RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY APPROVING THE SALE OF CITY OWNED PROPERTY KNOWN AS JOHN D. HAM PARK TO THE LYNWOOD UNIFIED SCHOOL DISTRICT. HAM PARK TOTALS APPROXIMATELY 10.6 ACRES IN AREA AND IS LOCATED AT 11SSS WRIGHT ROAD, ASSESSOR PARCEL NUMBER 6189 - 032 -900, SOUTH OF MARTIN LUTHER KING JR. BOULEVARD, WEST OF WRIGHT ROAD, EAST OF DUNCAN AVENUE AND NORTH OF CORTLAND AVENUE IN THE R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood City Council and Lynwood Unified School District Board of Education desire to provide educational and recreational facilities for all residents of Lynwood; and WHEREAS, the Lynwood Unified School District has identified Ham Park and adjacent residential properties as the potential site for a proposed new high school; and WHEREAS, the County of Los Angeles has a deed restriction recorded on or about May 7, 1953, Book 41904, page 104 of the records of the Los Angeles County Recorder, that Ham Park forever remain open space and utilized for park purposes; and WHEREAS, the Lynwood City Council conducted a public hearing pursuant to law on September 2, 2003 to consider the sale of Ham Park; and WHEREAS, the City of Lynwood advertised the public hearing forty -five (45) days prior to the public hearing in compliance with Public Resources Code Section 5406; and WHEREAS, The Lynwood City Council considered all oral and written testimony offered at the public hearing; and WHEREAS, the Lynwood City Council, Lynwood Unified School District Board of Education and County of Los Angeles would enter into a three -party escrow agreement upon approval of the Sale of Ham Park; and H MOR FILETLM ING USOS�res w=cd mIeh uk doc 1 0 • WHEREAS, the Lynwood City Council and Lynwood Unified School District Board of Education entered into a Memorandum of Understanding on August 6, 2003 regarding park replacement compensation; and WHERAS, the Lynwood City Council and Lynwood Unified School District Board of Education intend to enter into a Joint Use Agreement where each party shares their facilities and where City of Lynwood recreation opportunities currently under way at Ham Park can be accommodated until such time a replacement park is complete; and WHEREAS, the Joint Use Agreement shall be approved on or before September 2, 2003 and such Joint Use Agreement shall become effective upon close of escrow; and WHEREAS, the City of Lynwood agrees to sell Ham Park upon approval by the Office of Public School Construction and the State Allocation Board of funds to reimburse the Lynwood Unified School District one - hundred percent (100 %) of the cost to develop a replacement park pursuant to Public Resources Code 5401; and WHEREAS, prior to the City of Lynwood transferring title of Ham Park to the Lynwood Unified School District, the Escrow Holder shall deposit all funds into the escrow account as specified; and WHEREAS, the City of Lynwood may remove all personal property that does not effect the appraisal figure one (1) day prior to the closing of escrow City property not removed prior to escrow closing shall be deemed transferred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On the basis of the evidence submitted at the September 2, 2003 hearing, the City Council hereby finds that there is a lack of need for the park in its present location and that there are compelling reasons for acquiring a substitute park in other general locations in the City. The compelling reasons include the need for expanded and modernized park and recreation facilities in the City and the need for a new high school in the City. HAWOR FILETL.NNINOMOSrc mwals Iehav uk doc G 0 Section 2 . The City Council of the City of Lynwood hereby approves the sale of Ham Park to the Lynwood Unified School District subject to the following conditions: 1) Sale of Ham Park is subject to provisions set forth in the Memorandum of Understanding between the City of Lynwood and Lynwood Unified School District; and 2) Sale of Ham Park is subject to provisions set forth in the three -party escrow agreement between the City of Lynwood, Lynwood Unified School District, and County of Los Angeles with joint escrow instructions; and 3) Sale of Ham Park is subject to approval of a Joint Use agreement between the City of Lynwood and Lynwood Unified School District to share all their facilities for the benefit of the community and to ensure that all recreational opportunities available at Ham Park are accommodated at Lynwood Unified School District facilities until such time as a replacement park is completed. Section 3. The Mayor of the City of Lynwood is hereby authorized to execute the three -party escrow agreement with the Lynwood Unified School District and County of Los Angeles. Section 4. The Mayor of the City of Lynwood is hereby authorized to execute the Joint Use Agreement with the Lynwood Unified School District. PASSED, APPROVED AND ADDOPTED this day of 2003. ATTEST: FERNANDO PEDROZA, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk LORRY HEMPE, City Manager City of Lynwood City of Lynwood APPROVED AS TO FORM: JAMES M. CASSO, City Attorney KAAG DFILETP NINGU SOS)rcw mwcd Webmpak doc 3 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES )SS n I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of 2003. AYES: NOES: ABSENT: GlR7�a City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of 2003. City Clerk, City of Lynwood H \WORDFILETLA NING \MOSIme Iowa[ukha.,.rk d.I 0 MEMORANDUM OF UNDERSTANDING BETWEEN LYNWOOD UNIFIED SCHOOL DISTRICT AND CITY OF LYNWOOD REGARDING HAM PARK REPLACEMENT COMPENSATION This Memorandum of Understanding ( "MOU ") is dated for reference purposes as of August 6, 2003 The parties are the Lynwood Unified School District ( "District ") and the City of Lynwood ( "City "). A. Whereas, the District is organized and exists as a public school district under the laws of the State of California, B Whereas, the City is organized and exists as a general law corporation under the laws of the State of California; C. Whereas, the City holds title to Ham Park and the District desires to acquire Ham Park for public school purposes; namely, the construction of a new high school, D Whereas, the City and the District previously entered into a Memorandum of Understanding dated April 23` 2002 (the "Prior MOLT"), concerning the possible acquisition of Ham Park by the District for such purposes; E. Whereas, the District intends to submit the proposed acquisition to the State Allocation Board and the Office of Public School Construction for 100% reimbursement of the Compensation to be paid to the City for the acquisition, and F Whereas, the parties desire to expedite and facilitate the state funding and approval process for such reimbursement; Now, therefore, the parties hereby memorialize their understanding as follows. I Without limiting or restricting the discretion of their respective Governing Boards of legislative bodies, the parties, through negotiation, have reached agreement in principle on a transfer of Ham Park to the District pursuant to the terms set forth in the executive summary and draft agreement attached and incorporated by reference as Exhibit A (the "Agreement "). 2. This MOU is to assist the District in applying for and obtaining 100% reimbursement from the State Allocation Board and the Office of Public School Construction for the compensation to be paid for the acquisition of Ham Park in compliance with Public Resources Code section 5400 et seq., and to assist the City in obtaining the funding for a replacement park at a location desired by the City 3 The City and District hereby agree to indemnify, defend, hold harmless and release each other from any claims, known or unknown, demands, liabilities, costs, 0 • expenses, penalties, damages, losses and liens, including attorney fees, arising out of the City's or District's respective acts or omissions relating to this MOU 4 Under section 10 of the Prior MOU, the City and District set forth their intent to "enter into long -term agreements for the joint use of certain "City Owned Properties" and "District Owned Properties" described in the Prior MOU "for the best interests of the residents of the City " These long -term joint use agreements shall be on mutually agreeable terms, shall be conditioned upon and effective upon Close of Escrow under the Agreement, if said Agreement is approved after public hearing by City per section 5 below and by District, and shall be finalized. executed and exchanged by the City and District on or before September 2, 2003 5 City has given and posted the notice required by Public Resources Code section 5406 and will hold the public hearing required by such section at the earliest practicable date after completion of such notice, and, in any event, not later than September 2, 2003 If the terms of the Agreement are approved at said hearing, or our approved with modifications acceptable to District, the parties shall forthwith execute the Agreement and exchange signed counterpart signature pages. ACCEPTED AND AGREED: Lynwood Unified School City of By Title: CLERK YOR Attested by: ( Title : .� Approved as o Fornr By By L. Co — n ied School D1St1'IC as to F City Attorney 2 EXHIBIT A EXECUTIVE SUMMARY OF DRAFT AGREEMENT AND DRAFT THREE PARTY AGREEMENT RE HAAI PARK WITH JOINT ESCROW INSTRUCTIONS The attached draft Three Party Agreement re Ham Park with Joint Escrow Instructions (the "Draft Agreement ") will come before the City Council of Lvmvood on September 2, 2003, for consideration after the giving of the 45 days' notice required by Public Resources Code section 5406. The Draft Agreement is subject to further negotiation and modification, but contains the main points of what the parties have agreed to in principle, though without binding or limiting the discretion of their respective legislative bodies to accept or reject the Draft Agreement. LEGAL DESCRIPTION OF THE PROPERTY While the Draft Agreement does not contain the exhibits, some of which are still being negotiated, Exhibit 1, when attached, would consist of the legal description of the property (i.e. Ham Park). That legal description is as follows: That certain real property in the City of Lynwood commonly known as Ham Park and more particularly described as follows: THAT PORTION OF LOT 1 OF THE `SLAUSON TRACT ", IN THE RANCHO SAN ANTONIO, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE 348 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT, DISTANT 1382.16 FEET EASTERLY FROM THE NORTHWEST CORNER THEREOF, THENCE SOUTHERLY, PARALLEL WITH THE WESTERLY LINE OF SAID LOT, 912.78 FEET, THENCE EASTERLY, PARALLEL WITH THE NORTHERLY LINE OF SAID LOT, 515.34 FEET TO A POINT DISTANT 15 FEET WESTERLY FROM THE EASTERLY LINE OF SAID LOT, THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY LINE, 912.78 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID LOT, THENCE WESTERLY ALONG SAID NORTHERLY LINE, 539 10 FEET TO THE POINT OF BEGINNING s � INCLUDING ANY PORTION THEREOF INCLUDED IN, OR UNDERLYING, STREETS, ALLEYS, AND PUBLIC THOROUGHFARES, AND ANY INTEREST IN THE UNDERLYING FEE OF ANY ADJACENT STREETS. ALLEYS AND PUBLIC THOROUGHFARES. COMPENSATION As stated in section 3.2 of the Draft Agreement, the compensation to be paid for the Ham Park property by the District is 535,938,314, subject to the approval of the District's Board and subject to the approval by the state's Office of Public School Construction and the State Allocation Board for one hundred percent (100 %) reimbursement to the District of such compensation. DATE OF TRANSFER As stated in section 6 1 "The parties shall promptly close the Escrow with recorded conveyances of the Property to District by City and County in form acceptable to Title Company upon the approval by the State Allocation Board (if required by District) of one hundred percent (100 %) reimbursement of the Compensation to the District and deposit of the Compensation into Escrow by the District (the `Closing Date')." 2 THREE PARTY AGREEMENT RE HAM PARK WITH JOINT ESCROW INSTRUCTIONS This Three Party Agreement re Ham Park with Joint Escrow Instructions is dated for reference as of September 2, 2003 ("Agreement"). among the City of Lynwood ( "City"), the County of Los Angeles ( "County "), and the Lynwood Unified School District ( "District "), with regard to the following recitals A. Whereas, City is organized and exists as a municipal corporation under the laws of the State of California, County is organized and exists as a body politic and corporate under the laws of the State of California, and District is organized and exists as a public school district under the laws of the State of California, B Whereas, on or about May 7, 1953, County executed a deed conveying to City certain real property situated in City commonly known as Ham Park; C. Whereas, on April 23, 2002, City and District signed a Memorandum of Understanding which provides in part that District plans to acquire Ham Park and certain contiguous parcels of land in City, to build a new public high school, on March 26, 2002, District duly and validly approved such project and an Environmental Impact Report for Ham Park and said contiguous parcels of land in City, to build a new high school, D Whereas, City and County have agreed to convey their respective interests, if any, in Ham Park to District in lieu of condemnation by the District for school purposes, and for no other reason, E. Whereas, under Public Resources Code § 5401 et seq , the amount of compensation for park land taken in eminent domain is set by law; F Whereas, under Government Code § 25550 7 certain restrictions are placed upon any agreement between a City and County to modify or eliminate restrictions limiting use of land to park use, G Whereas, City, County, and District desire to enter into this Agreement to accomplish the conveyance of Ham Park to the District, in lieu of condemnation, to establish a mechanism under which the District will pay the compensation required by law for Ham Park, and to resolve any disputes among City, County, and District as to Ham Park; LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 0 • H. Whereas, this Agreement is submitted to the Office of Public School Construction and the State Allocation Board pursuant to the requirements of 2 CCR 1859.2 et seq Now, therefore, in consideration of the mutual covenants contained herein, City, County, and District agree as follows. 1 PROPERTY The parties agree that "Property" as used herein shall mean that certain real property commonly known as Ham Park, in the City of Lynwood, County of Los Angeles, State of California, comprised of the land described in Exhibit 1 attached and incorporated by reference, (ii) the improvements to said land, namely all of City's and County's right, title and interest in and to all structures and buildings attached to said land and fixtures placed on or attached to said land as of the Close of Escrow; and, (iii) all rights, privileges, appurtenances and easements incidental to said land or arising from the ownership of it. 2 ACQUISITION IN LIEU OF CONDEMNATION. 2.1 Acquisition of Property. The parties acknowledge and agree that District is acquiring the Property under the terms of this Agreement in lieu of but under threat of condemnation. 2.2 Use of Compensation for Property. City agrees to use the compensation received from the District ( "Compensation ") under this Agreement for park purposes, namely, to acquire, develop and maintain in perpetuity one or more parcels of land in City mutually agreeable to City and County, for public park land purposes. City shall provide County forty -five (45) days prior notice of City's decision to use the Compensation received. The notice shall describe, in reasonable detail sufficient to allow the County to determine compliance with this section, the use to be made of the Compensation. Within such forty -five (45) day period, County shall provide City notice whether County agrees to such use of the Compensation. If all or any part of the Compensation is not used for such purposes, it shall promptly be returned to the District for refunding to the State Allocation Board, except as provided for in Section 4.3 LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 2 E 3 TRANSFER AND CONVEYANCE OF PROPERTY. 3 1 Purchase and Sale. City represents that it owns the Property in fee simple, subject only to the reversionary rights of the County under the 1953 Deed (as defined in Section 4 1, below), and has lawful authority to grant and convey such interest to District under the,tenns of this Agreement and to perform City's obligations under this Agreement. 3.2 Compensation. The Compensation to be paid by the District for the Property shall be its appraised value of $35,938,314, as determined in the written appraisal of Lea Associates, Inc ( "Appraisal "), conditioned upon approval of such Appraisal by the District, and conditioned upon the Office of Public School Construction's and State Allocation Boards' approval for one hundred percent (100 %) reimbursement to the District of such Compensation pursuant to governing law and regulations including 2 CCR 1859 74 1 The parties acknowledge and agree that such Compensation represents or exceeds the fair market fee value of the Property, and is sufficient compensation to enable the City to replace Ham Park and the facilities thereon. The Compensation equals or exceeds the cost of acquiring substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who use the existing Ham Park and facilities, and the cost of acquiring substitute facilities of the same type and number, plus the cost of development of such substitute park land, including the placing of such substitute facilities thereon, in accordance with Public Resources Code sections 5401, et seq (collectively, the "Substitute Park ") While the District disputes the applicability of Public Resources Code sections 5401, et seq., and Government Code section 25550 7, the parties agree that the standards for compensation set forth in these sections are met by the Compensation to be paid under this Agreement. The District is obligated to pay or provide no other compensation, except as provided for in this Agreement. 33 Payment of Compensation. Prior to the Closing Date, District shall deposit with Escrow Holder (i) the Compensation, and, .(ii) any and all other sums to be paid by District hereunder Upon or after Close of Escrow, Escrow Holder shall disburse the Compensation only pursuant to thejoint written instructions of the City and County, except as provided for in Section 4.3 LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 3 • 0 34 Assumption of Obligations. From and after the Close of Escrow, District shall assume all liabilities and obligations for the Property arising at or after 12 01 a.m. on the Close of Escrow ( "Transfer Time "). 35 Possession. City shall deliver actual and legal possession of the Property to District at Close of Escrow 4 COUNTY'S REVERSIONARY INTEREST 4 1 County's Interest in Property. County owns a reversionary interest in the Property pursuant to a deed recorded at Book 41904, page 104, of the records of the Los Angeles County Recorder, executed by County on or about May 7, 1953, ( "1953 Deed "), a copy of which is attached and incorporated by reference as Exhibit 2, and County represents that it has lawful authority to grant and convey such interest to District in lieu of condemnation under the terms of this Agreement. 4.2 Transfer of Park Use Condition. The parties hereby acknowledge that the 1953 Deed restricts the Property's use to public park and playground purposes with a reverter to the County should the City fail, refiise or neglect to use the Property for public park purposes. In order to effectuate the transfer of the Property to the District as contemplated in this Agreement, and to satisfy the requirements of Government Code Section 25550 7 to the extent if any they are applicable, the parties agree that the 1953 Deed restriction on the Property shall be transferred to the Substitute Park, as provided for in Section 4 4. In conformity with Government Code Section 25550 7 to the extent if any it is applicable, the District hereby agrees that the Property will be devoted to a public purpose, namely, the construction of the New High School Project, and the City hereby agrees that the Substitute Park to be acquired and constructed shall be of substantially the same value as the Property and shall be devoted to substantially the same public use, namely, public park purposes. 4.3 Retention of Fair Market Value of the Property in Escrow. The Escrow Holder shall retain in Escrow the total amount of $ 4,040,000, from the Compensation paid by the District, which the parties hereto acknowledge as the fair market value of the Property (the "FMV Retention) The FMV Retention will be held in Escrow until such time as the City awards the contract(s) for the construction of the Substitute Park. The County, in its sole discretion, may authorize the release of the FMV Retention to the City to fund Substitute Park LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK • 0 improvements prior to the award of the contract(s) for the construction of the Substitute Park, if the City has acquired all parcels necessary for the Substitute Park and the County determines that the Substitute Park to be constructed conforms with the provisions of this Agreement and Government Code Section 25550 7 (to the extent if any that it is applicable) Should the City fail to acquire the property necessary for the Substitute Park within three (3) years of the date of execution of this Agreement, at the sole option of the County, Escrow Holder shall release the FMV Retention to the County and the County shall have no further obligations pursuant to this Agreement except that the FMV Retention shall be used by the County for park and recreation purposes only 44 Restrictive Covenant. Upon completion of the Substitute Park, the City shall deliver to the County a restrictive covenant in the form attached hereto as Exhibit 3, in favor of the County, restricting the use of the entire Substitute Park to public park and playground purposes and granting the County a right of reverter in the Substitute Park in the event of violation of such use restrictions (the "Restrictive Covenant ") The City agrees that it will provide the necessary acceptance of the County's Restrictive Covenant and that the County shall cause the Restrictive Covenant from the City to the County to be recorded in the Los Angeles County Recorder's Office. 4.5 Joint Use Agreement. The City and District have concurrently entered into joint use agreements, on mutually agreeable terms, that will permit the City to use District facilities, and vice versa, for the purpose of continuing the City's recreational programs and services currently utilizing the Property until such time as the Substitute Park is completed and in compliance with section 10 of the Memorandum of Understanding dated April 23, 2002, between the Lynwood Unified School District and the City of Lynwood. The joint use agreements shall be effective upon Close of Escrow 4.6 CEOA Indemnification The City shall defend, indemnify, and hold County and County's elected and appointed officers, agents and employees free and harmless from and against any and all liabilities, damages, claims, costs and expenses (including without limitation, attorneys' fees, legal expenses and consultants' fees) arising in whole or in part from any action or proceeding brought pursuant to the California Environmental Quality Act of 1970, as amended (Public Resources Code section 21000, etseq ), relating to the actions of the City and County contemplated by this Agreement. LYNWCOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 5 s • • 5 CONDITION OF TITLE AND PROPERTY. 5.1 Approval of Title. District hereby acknowledges that it has received a preliminary title report from North American Title Company ( "Title Company "), dated as of August 19, 2002, Order No 520772 -89, a true and correct copy of which is attached and incorporated by reference as Exhibit 4 District has approved the Title Report and all exceptions to title disclosed by the Title Report. City warrants and represents that there are no other conditions of title, liens, encumbrances or clouds on title to the Property 5.2 Title Policy A CLTA Owner's Title Insurance Policy ( "Title Policy ") shall be issued by the Escrow Holder, or its underwriter, at the Close of Escrow If District elects to have an ALTA policy issued, District shall pay all costs associated with, and the premium for, said ALTA Policy in excess of the costs and premium that would have been incurred for a CLTA policy In addition, District shall obtain at its sole cost any survey required in connection with the ALTA Policy and any endorsements requested by District. The Title Policy shall be in an amount as determined by the District, for the protection of District as a fee owner of the Property 5.3 Intervening Liens or Encumbrances. City and County represent and warrant, now and as of the Close of Escrow, that they each have not and will not have voluntarily created or caused any lien, cloud or encumbrance to attach to the Property other than as set forth in the 1953 Deed. City and County each agree to discharge any such lien, cloud or encumbrance of record at or prior to Close of Escrow, in a manner reasonably acceptable to District. In the event that any such lien, cloud or encumbrance is not discharged at or prior to Close of Escrow, District, at its sole and absolute discretion, may (in addition to any other remedy it may have at law or in equity) terminate this Agreement and receive a refund of any sums deposited with Escrow Holder, less any rental value attributed to District's interim use of the Property In the event any lien, cloud, encumbrance or other matter which materially affects title to the Property, whether created or caused by City or County or otherwise, and which is not shown in the Title Report or ALTA Survey, attaches to the Property and is not discharged prior to Close of Escrow, District, at its sole and absolute discretion, may terminate this Agreement and receive a refund of any sums deposited with Escrow Holder LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 0 i • 5.4 Inspection of Property District acknowledges that it has had the opportunity to inspect the physical condition and operations of the Property, and satisfied itself as to the feasibility of acquiring, financing, owning, and operating the Property 0 5.5 Independent Investigation. As of the Close of Escrow, District shall have independently investigated, analyzed and appraised to its satisfaction the value and condition of the Property Except as otherwise expressly set forth in this Agreement, District acknowledges that City does not hereby make, and has not made, any warranties or representations, either expressed or implied, as to the Property's legal or physical condition, including but not limited to (i) compliance with any laws, codes, ordinances, riles, regulations, permits or requirements regarding the Property; (ii) utility and infrastructure availability or easements, including, without limitation, water, sewage, electricity and other utilities, with respect to the Property- or, (iii) the presence of toxic wastes. hazardous materials or substances, or asbestos in, or about the Property 5.6 Right of Entry Until the Closing Date, or this Agreement is terminated, City hereby grants District a limited right to enter upon the Property, at District's sole cost and expense, in order to further inspect, investigate, and test the Property provided that District shall restore any damage done to the Property as the result of any such inspections, investigations, or tests. City may have a representative present during any such inspection, investigation, or test. District shall exercise such right of entry and access during normal business hours only after notice to City and shall not disrupt City's operation of the Property. Until the Closing Date, or this Agreement is terminated, City hereby further grants Districts a limited additional right to enter upon the Property, at District's sole cost and expense, in order to construct the storm drains required for the New High School Project. District shall comply with all applicable laws and governmental regulations applicable to the Property and shall indemnify, defend, and hold harmless City from any and all claims, known or unknown, demands, liabilities, costs, expenses, penalties, damages, losses and liens, including, without limitation, attorney fees, arising out of any exercise of such entry rights by District or its representatives, employees, agents, contractors, or designees LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK VA 0 0 5.7 Warranties and Representations by City. 5.7.1 City warrants and represents that City has no knowledge that any other person or entity will, as of Close of Escrow, have any right to possession of the Property prior to the Close of Escrow City shall not enter into or create any agreements affecting the Property which survive the Close of Escrow 5.7.2 City warrants and represents that it has not made any other contract for the sale of the Property, or given any other person or entity the right to purchase all or any part of the Property 5.7.3 City warrants and represents that it shall maintain the Property until the Close of Escrow in its present condition, except for ordinary wear and tear. City shall have the right to remove all of its items of personal property, to the extent not valued in the Appraisal, from the Property prior to the Close of Escrow Any of City's personal property not removed from the Property prior to the Close of Escrow shall be deemed to be transferred and conveyed to District at Close of Escrow. City shall not remove from the Property any fixtures or items relating to the Property's infrastructure, including but not limited to mechanical, electrical and plumbing systems and related components, including exterior light fixtures and poles. Should Escrow fail to close through the fault of District, then City shall be reimbursed for all costs incurred under this section. 5.7.4 City warrants and represents that it has no knowledge of any actions, lawsuits or other proceedings pending or threatened before any administrative, executive or legal court or tribunal, including without limitation any pending or threatened bankruptcy proceedings or general assignment for the benefit of creditors by City, which would affect the Property or the right to occupy or utilize the Property '5.7.5 City warrants and represents that it has no knowledge of any claims for labor performed, materials furnished or services rendered in connection with constructing, improving or repairing any of the Property which may result in a claim of lien against the Property after the Close of Escrow LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 9 0 6 CLOSING 9 6.1 Escrow. The acquisition of the Property in lieu of condemnation shall be consummated by means of an escrow ( "Escrow ") established at an escrow company selected by District ( "Escrow Holder ") The date on which a fully executed copy of this Agreement is deposited with Escrow Holder shall be referred to as the "Opening of Escrow " The parties shall promptly close the Escrow with recorded conveyances of the Property to District by City and County in form acceptable to Title Company upon the approval by the State Allocation Board (if required by District) of one hundred percent (100 %) reimbursement of the Compensation to the District and deposit of the Compensation into Escrow by the District (the "Closing.Date ") If Escrow does not close by the Closing Date due to breach by District, City and County and each of them shall have the option, in their respective sole and absolute discretion, to terminate this Agreement, in which event this Agreement shall be of no further force or effect. If Escrow does not close by the Closing Date due to any cause or reason other than District's breach, District shall have the option (in addition to any other remedy it may have at law or in equity), in its sole and absolute discretion, to terminate this Agreement in writing, in which event this Agreement shall be of no further force or effect and District shall be entitled to a refund of any and all sums deposited with Escrow Holder Although City, County, and District have agreed and are bound to said Closing Date, the term "Close of Escrow" as used herein shall mean that date when. (i) a grant deed from County (in form acceptable to Title Company) conveying all of County's right, title and interest in the Property to City is recorded in the Official Records; and, subsequently, (ii) a grant deed from City (in form acceptable to Title Company) conveying the Property to District is recorded in the Official Records. 6.2 Escrow Instructions. City, County, and District agree that this document shall also constitute instructions to Escrow Holder In addition, City, County, and District agree to execute and deliver to the Escrow Holder such reasonable and customary escrow instructions in the usual form of Escrow Holder for the purpose of consummating the transaction contemplated by this Agreement. To the extent that there are any discrepancies between the terms of this Agreement and any escrow instructions, the terms of this Agreement shall control. Escrow Holder shall perform all customary functions of an escrow holder to consummate this transaction, including, among other duties of Escrow Holder, LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK G preparation of the deed to be executed by County, subject to approval by City and District, and the deed to be executed by City, subject to approval by District, recordation of both deeds, and calculation of the prorations and Closing Costs, as defined below, required by this Agreement, as well as serving as depository for all funds, instruments, and documents needed for the Close of Escrow The Escrow Holder shall also be instructed to issue at the Close of Escrow the Title Policy provided for in Section 4.2 above showing marketable fee title to the Property vested in District without any exceptions other than those previously approved by District in writing. 6.3 District's Obligations. On or before one (1) business day prior to the Closing Date, District shall deliver to Escrow Holder all of the following: 6.3.1 The Compensation in immediately available funds, 6.3.2 All costs and fees required to be paid by District pursuant to this Agreement; 6.3.3 Such other documents and instruments as may be required herein or by the Escrow Holder in order to consummate this transaction, including but not limited to the joint use agreement required by section 4.5 6.3.4 City's Obligations. On or before one (1) business day prior to the Closing Date, City shall deliver to Escrow Holder all of the following 6.3.5 A fully executed and acknowledged grant deed conveying the Property to District in form acceptable to District and Title Company (which deed shall be recorded by Escrow Holder, at Close of Escrow, after recordation of the deed from the County described in section 6.3.8 below), 6.3.6 Such other documents and instruments as may be required herein or by the Escrow Holder in order to consummate this transaction, including but not limited to the joint use agreement required by section 4.5 6.3.7 County's Obligations. On or before one (1) business day prior to the Closing Date, County shall deliver to Escrow Holder all of the following: 6.3.8 A fully executed and acknowledged grant deed conveying all of its right, title and interest in the Property to City and Title Company, as set forth in section 6 1 (which deed shall be recorded by Escrow Holder, at Close of Escrow, LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 10 .I before recordation of the deed from the City described in section 6.3.5 above), 6.3.9 Such other documents and instruments as may be required herein or by the Escrow Holder in order to consummate this transaction. 6.4 Conditions to Close of Escrow 6.4.1 District's obligation to consummate the Close of Escrow shall be conditioned upon, fulfillment of all conditions precedent to the Close of Escrow or the payment of the Compensation under this Agreement, District's receipt at the Close of Escrow of a title policy under the terms of this Agreement (in form acceptable to District and excepting only matters approved in writing by District prior to Close of Escrow) the fulfillment of City's and County's respective obligations as set forth in Sections 6.3 4 through 6.3.9 above, and each and all of the representations and warranties made by City and County herein shall be true in all material respects as of the Closing Date District shall be permitted to perform an inspection of the Property immediately prior to Close of Escrow in an effort to confine the same. 6.4.2 City's obligation to consummate the Close of Escrow shall be conditioned upon the fulfillment of County's and District's respective obligations as set forth in Sections 6.3 through 6 3.3 and 6.3 7 through 6.3.9, and upon approval by the City Council of City at public hearing after 45 days' notice as required by Public Resources Code section 5406 6.4.3 County's obligation to consummate the Close of Escrow shall be conditioned upon the fulfillment of City's and District's respective obligations as set forth in Sections 6.3 through 6.3 6 respectively and upon approval by the Board of Supervisors. 6.5 Prorations For purposes of calculating prorations, District shall be deemed to be in title to the Property, and therefore responsible for the expenses from operation of the Property from and after the Transfer Time, and City shall be responsible for the expenses from operation of the Property prior to the Transfer Time. Any apportionments and prorations which are not expressly provided for below shall be made in accordance with customary practice in Los Angeles County, California. Prior to the Closing Date, a proration and adjustment statement executed by District and City shall be delivered to Escrow Holder for purposes of Escrow Holder's completing the closing statement in LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 0 0 connection with consummation of the transaction contemplated hereunder. Such adjustments, if and to the extent known and agreed upon as of the Close of Escrow, shall be effected by an increase in the Compensation, if the prorations result in a net credit to City, or by a decrease in the Compensation, if the prorations result in a net credit to District, at the Close of Escro" Any such adjustments not determined or not agreed upon as of the Close of Escrow shall be paid by District to City, or by City to District, as the case may be, in cash as soon as practicable following the Close of Escrow, which obligations shall survive the Close of Escrow A copy of the schedule of adjustments as agreed upon by District and City shall be delivered to Escrow Holder prior to the Closing Date. 6.5.1 All water charges or utility charges, including without limitation, telephone, gas and electricity, shall be prorated as of the Transfer Time. It is anticipated that in connection with all such services, City and District shall make application to the provider thereof to have such services changed to the name of District or its designee as of the Close of Escrow 6.5.2 All expenses with respect to the Property shall be prorated as of the Transfer Time. 6.6 Closing Costs. For purposes of this Agreement, "Closing Costs" shall mean escrow fees, City documentary transfer taxes, document preparation charges, and acknowledgment and recording costs, but shall not include any attorney fees or other such costs and expenses incurred separately by City, County, or District. 6.6.1 City shall pay (to the extent, if any, that the District is not reimbursed by the State): (i) The premium for a standard CLTA Owner's Policy of Title Insurance; (ii) County documentary transfer taxes, if any, on the deeds and documents to be recorded pursuant to this Agreement; and (in) The cost of any of City's other obligations under this Agreement. 6.6.2 County shall pay the cost of any of County's obligations under this Agreement. 6.6.3 District shall pay- (i) Any additional premium for an ALTA Policy of Title Insurance, if District elects to receive same and the cost of any survey or title endorsements desired by District; (ii) all other Closing Costs not to be paid by others under this Agreement; and, (iii) The cost of any of District's other LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 12 obligations under this Agreement. 7 EMINENT DOMAIN 7.1 Election to Terminate. If on or before the Close of Escrow any portion of the Property is taken or threatened to be taken by condemnation or other power of eminent domain paramount to the power invested in City or District, then District may, in addition to any other remedy it may have in law or in equity, by written notice given to City and Title Company within ten (10) days after District shall have notice of such taking, in District's sole and absolute discretion, elect to terminate this Agreement, or proceed with the transaction contemplated hereby in accordance with the terms and conditions set forth in Section 7.2 7.2 Election Not to Terminate. If on or before the Close of Escrow any part of the Property is taken or threatened to be taken by condemnation or other power of eminent domain paramount to the power invested in City or District, but this Agreement is not canceled pursuant to Section 61 above, then the Compensation shall be reduced by an amount equal to the sum, if any, that was paid to City or County for such taking and City and County shall assign, transfer and set over to District all of their respective right, title and interest, if any, in and to any awards that may in the future be made for such taking or threatened taking. 7.3 No Waiver. Nothing in this Agreement shall be construed as a waiver of any right the District may have to acquire the subject property in eminent domain. 8 MISCELLANEOUS. 8.1 Indemnity. City, County, and District hereby agree to indemnify, defend, hold harmless and release the others from any claims, known or unknown, demands, liabilities, costs, expenses, penalties, damages, losses and liens, including attorney fees, arising out of each parties' respective acts or omissions relating to this Agreement. 8.2 Governing Law; Interpretation. This Agreement shall be governed and interpreted in accordance with the laws of the State of California in accordance with its fair meaning and not strictly for or against any party hereto LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 13 8.3 Successors; Non- Assignability. This Agreement and all terms hereof are binding upon and inure to the benefit of the respective successors of the parties hereto No party hereto shall assign rights or obligations hereunder without the prior written consent of the others, which consent may be withheld or granted in the sole discretion of the parties requested to grant such consent. 8.4 Marginal Headings; Captions. The titles of the various Sections of this Agreement are for convenience of reference only and are not intended to enlarge or diminish the rights or obligations of the parties hereto 8.5 Cumulative Rights; No Waiver. Duties and obligations imposed by this Agreement and rights and obligations hereunder are in addition to and not in lieu of any imposed by or available at law or in equity No action or failure to act by a party hereto shall be deemed a waiver of any right or remedy afforded hereunder or acquiesce or approval of any breach or default by another party hereto 8.6 Severability. If any provision of this Agreement is deemed illegal, invalid unenforceable or void by any court of competent jurisdiction, such provision shall be deemed stricken and deleted herefrom, but all remaining provisions will remain and continue in full force and effect. 8.7 Exhibits. All exhibits attached to, and to which reference is made in, this Agreement are incorporated into, and shall be deemed a part of this Agreement. 8.8 Form of Documents. All instruments and documents to be executed and delivered under this Agreement by any party to any other party shall be in a form satisfactory to the other party. 8.9 Independent Judgment /Advice of Counsel. Each of the parties has read this Agreement in its entirety and is fully aware of its contents. Each of the parties executes this Agreement acting upon its independent judgment and after the opportunity to obtain advice relating to this Agreement from independent legal counsel without any representation, express or implied, of any nature, from each to the other, except as specifically set forth herein. 8.10 Further Acts. Each of the parties hereto agrees to do any further acts and to execute and deliver any other documents or instruments as may be reasonably required to give full effect to the provisions of this Agreement. LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 14 0 s 8.11 Authority. The individual executing this Agreement on behalf of a party warrants and represents that he /she is authorized to execute this .Agreement and bind that party to all terms hereof. 8.12 Duplicate Counterparts. This Agreement may be executed in duplicate counterparts, all of which together shall constitute a single instrument, and each of which shall be deemed an original of this Agreement for all purposes, notwithstanding that less than all signatures appear on any one counterpart. Facsimile signatures shall be effective and valid for all purposes as if they were originals. 8.13 Entire Agreement. This Agreement is the entire agreement of City, County, and District with respect to the Property, containing all of the terms and conditions to which City, County, and District have agreed. This Agreement supersedes and replaces entirely all previous oral and written understandings, offers, counter offers, acceptances, if any, of City, County, and District respecting the Property 8 14 Approval and Ratification. The parties acknowledge and agree that this Agreement shall not be binding or enforceable upon any of parties unless and until this Agreement has been approved or ratified by each of the parties' governing bodies, notwithstanding any other provision of this Agreement. 8 15 Notices. Notices hereunder shall be valid only if addressed to a party as set forth in the Agreement, or as modified by notice hereunder Notices shall be effective only if by personal delivery requiring signature acknowledging receipt or by United States Mail, Certified, Return Receipt Requested, First Class, postage fully prepaid. Notices under this Agreement shall be addressed and delivered as follows LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 15 If to City. CITY MANAGER City of Lynwood. 11330 Bullis Road Lynwood, California 90262 If to County- 0 Chief Administrative Officer, Real Estate Division 222 North Hill Street, 3` Floor Los Angeles, CA 90012 Atm. Carlos Brea If to District: SUPERINTENDENT Lynwood Unified School District 11321 Bullis Road Lynwood, California 90262 8.16 Survivability. The terms, warranties and representations in this Agreement shall survive the Close of Escrow and the delivery, acceptance and /or recordation of any deed or document described to this Agreement. ACCEPTED AND AGREED: LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK 16 0 Lynwood Unified School District By' Title BOARD PRESIDENT Title CLERK Approved as to Form IC Counsel for Lynwood Unified School District LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK City of Lynwood Im Title.NIAYOR Attested by- Title CLERK Approved as to For n Lynwood City Attorney 17 0 0 ATTEST: COUNTY OF LOS ANGELES VIOLET VARONA - LUKENS Executive Officer of The Board of Supervisors By Chair, Board of Supervisors By: Deputy Approved as to Form LLOYD W. PELLMAN County Counsel Deputy LYNWOOD UNIFIED SCHOOL DISTRICT THREE PARTY AGREEMENT RE HAM PARK m EXHIBIT I That certain real property in the City of Lynwood commonly known as Ham Park and more particularly described as follows. THAT PORTION OF LOT 1 OF THE "SLAUSON TRACT ", N THE RANCHO SAN ANTONIO, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE 348 OF MISCELLANEOUS RECORDS, N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT, DISTANT 1382.16 FEET EASTERLY FROM THE NORTHWEST CORNER THEREOF, THENCE SOUTHERLY, PARALLEL WITH THE WESTERLY LINE OF SAID LOT, 912.78 FEET, THENCE EASTERLY, PARALLEL WITH THE NORTHERLY LINE OF SAID LOT, 515.34 FEET TO A POINT DISTANT 15 FEET WESTERLY FROM THE EASTERLY LINE OF SAID LOT, THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY LINE, 912.78 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID LOT, THENCE WESTERLY ALONG SAID NORTHERLY LINE, 539 10 FEET TO THE POINT OF BEGINNING INCLUDING ANY PORTION THEREOF INCLUDED N, OR UNDERLYING, STREETS, ALLEYS, AND PUBLIC THOROUGHFARES, AND ANY INTEREST N THE UNDERLYING FEE OF ANY ADJACENT STREETS, ALLEYS AND PUBLIC THOROUGHFARES r 1 0 "117 hareby i ItLin t.hl 5, . Od prup�� t c a r,r l U.- 9 t, v0 441, % lV" I i. Il 4 Zi -7" 1 . . . . . . . . . . i 4 r 1 0 IN hareby i ItLin t.hl 5, . Od prup�� t c a r,r l U.- 9 IN ItLin t.hl 5, . Od prup�� 'S. Angelrf:; U.- 9 t, v0 441, . Il 4 axlV +n ;; ICRIU).; ,CALIFORNIA ) � ' r OF LOS ANGELS:,) Fla thte L day 0C �, � /���_ 195 berore —. ae J- 03TL3, C.rmty i:10:4 •. off ici,: r1 -rY.. !r.•• ,.- rvteora or thn County ar Carr Angela r, State pr nta, personalty eppearw; --- - i d known Co me to he the Cinatraan ,,. ?.n_d lino c•1, wt: ' ha- trtrrct.. 1 the wtthin tnstr=er.' on bew r5 n!d G :UjAy tb, rc'.n —r., to eealowteA6ed to no that the Cunt; 11 IH IQ7 i W VHBNF.UF, [ hear• b. raL.tc : at of har. t .... •.: i ! , and to sly offleial $Va'the day;iear written. Deputy ---- -�----- -. • obi Id 17 •�, rd IJ 20 1 t Tr ' - 21 ]i'.N 1 k III 1 : J.t k I I, • i 2J ; ' . 2d Y:.'Al IL tLbiTt, l'ery RnrNa , m i I » 1 71 i 32 • � CPT -- -- -- -' -- - '---- --- - -- - -- 0 EXHIBIT 3 Recording requested by and when recorded return to County of Los-Angeles Chief Administrative Office, Real Estate Division 222 South Hill Street, 3rd Floor Los Angeles, California 90012 Attention. 0 This instrument is exempt from recording fees pursuant to Government Code x$6103 and 27383 RESTRICTIVE COVENANT This Restrictive Covenant (this "Covenant ") is made and entered into as of the day of 2003, by the CITY OF LYNWOOD, a municipal corporation (the "City "), in favor of the COUNTY OF LOS ANGELES, a body corporate and politic (the "County "), with reference to the following facts: RECITALS A. The City is the owner of certain real property located in the City of Lynwood, County of Los Angeles, State of California, commonly known as the Substitute Park Property, which real property is legally described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property "). B Concurrently herewith, the County is releasing a restrictive covenant encumbering other real property of the City, and in exchange therefor, the City is providing this Restrictive Covenant in favor of the County to encumber the Property NOW THEREFORE, it is agreed as follows: 0 9 The City hereby covenants and agrees that the Property shall be used only for public park and playground purposes and that if and when the City ceases to use the Property for public park and playground purposes or ceases to maintain the personal property located thereon for use commensurate with park and recreational purposes on the Property, the real or personal property or both as the case may be shall automatically revert to the County of Los Angeles without further notice. 2. The City further covenants and agrees that at all times and under all circumstances the Property shall be equally open to residents of incorporated and unincorporated territory and there shall be no discrimination against or preference, gratuity, bonus or other benefit given to residents of incorporated areas not equally accorded residents of unincorporated territory This instrument constitutes the entire agreement of the parties hereto with respect to the subject matter hereof, and no modifications hereof shall be of any force or effect until signed by the party to be charged. Invalidation of any covenant, condition or restriction or any other provision contained herein by a court of competent jurisdiction shall in no way affect any of the other covenants, conditions or restrictions or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect. The terms hereof shall nn with the land, and shall be a burden upon the Property and is enforceable by the County only 6. The terms of this Covenant shall be binding upon and inure to the benefit of, as the case may require, the respective heirs, successors in interest, and assigns of the parties hereto 0 0 IN WITNESS WHEREOF, the parties hereto have entered into this Restrictive Covenant as of the day and year first above written. CITY OF LYNWOOD L o la MAYOR ATTEST CITY CLERK APPROVED AS TO FORM. m CITY ATTORNEY 0 State of California County of Los Angeles } } ss. } 2003, before me, 0 Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) State of California } } ss. County of Los Angeles } On , 2003, before me, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) NORTH AMERICAN TITLE COMPANY 3780 KILROY AIRPORT WAY, #130 LONG BEACH, CALIFORNIA 90806 PHONE (562) 988 -7870 FAX (562) 427 -0359 E -MAIL: mheil@natic cam CUTLER & ASSOCIATES 610 PACIFIC COAST HWY 4100 SEAL BEACH, CA 90740 ATTENTION JULIE REF: LUS /002/028 OUR ORDER NO 820772 -89 DATED AS OF AUGUST 19, 2002 AT 7 30 A M IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, NORTH AMERICAN TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST COPIES OF THE POLICY FORMS SHOULD BE READ THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRE- SENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - TITLE OFFICE.M RE 11,� 820772 -89 -1- ca - Ak1h 4f 0 0 NEW LEGISLATION - PLEASE READ IMMEDLATELY CALIFORNIA ASSEMBLY BILL 512 ( "AB 512 ") IS EFFECTIVE ON JANUARY 1, 1990 UNDER AS 512, ALL TITLE COMPANIES MAY ONLY MAKE FUNDS AVAILABLE FOR MONETARY DISBURSAL IN ACCORDANCE WITH THE FOLLOWING RULES: 1 SAME DAY AVAILABILITY DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS ARE DEPOSITED TO NATC IN CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT 2 NEXT DAY AVAILABILITY IF FUNDS ARE DEPOSITED TO NATC BY CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT BUSINESS DAY FOLLOWING DEPOSIT A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E G , A SAVINGS AND LOAN FUNDING WITH A CHECK DRAWN AGAINST AN FDIC INSURED BANK) 3 3 -7 DAY AVAILABILITY (REGULATION CC) IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC THIS REQUIRES A "HOLD" ON SOME CHECKS OF 3 -7 DAYS OR LONGER IN SOME INSTANCES PERSONAL CHECKS, DRAFTS, PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS (FOR FURTHER DETAILS, CONSULT CHAPTER 598, STATUTES OF 1989 ) NOTE THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF INSURANCE FOR ALL CALIFORNIA TITLE INSURERS FOR YOUR INFORMATION, OUR WIRE INSTRUCTIONS ARE; COMERICA BANK 411 WEST LAFAYETTE DETROIT, MICHIGAN ROUTING NUMBER /ABA #121137522 ACCT #1891528331 FOR CREDIT TO NORTH AMERICAN TITLE CO. ORDER #820772 -89 PLEASE REFERENCE NATC'S ORDER NUMBER FOR TIMELY CREDIT 820772 -89 _2_ 0 0 ORDER NO. 820772 -89 SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CITY OF LYNWOOD, A MUNICIPAL CORPORATION 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES AND IS DESCRIBED AS FOLLOWS: DESCRIPTION CONTAINED IN "LEGAL DESCRIPTION" ATTACHED HERETO AND MADE A PART HEREOF 820772 -89 -3- 0 0 "LEGAL DESCRIPTION" THAT PORTION OF LOT 1 OF THE "SLAUSON TRACT ", IN THE RANCHO SAN ANTONIO, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3 PAGE 348 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID LOT, DISTANT 1382.16 FEET EASTERLY FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY, PARALLEL WITH THE WESTERLY LINE OF SAID LOT, 912 78 FEET; THENCE EASTERLY, PARALLEL WITH THE NORTHERLY LINE OF SAID LOT, 515.34 FEET TO A POINT DISTANT 15 FEET WESTERLY FROM THE EASTERLY LINE OF SAID LOT; THENCE NORTHERLY, PARALLEL WITH SAID EASTERLY LINE, 912 78 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID LOT; THENCE WESTERLY ALONG SAID NORTHERLY LINE, 539 10 FEET TO THE POINT OF BEGINNING EXCEPT ANY PORTION THEREOF INCLUDED IN ROADS. A P N NO 6189- 032 -900 820772 -89 -4- 0 0 ORDER NO. 820772 -89 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1 GENERAL AND SPECIAL PROPERTY TAXES, AND ANY ASSESSMENTS COLLECTED WITH TAXES, INCLUDING UTILITY ASSESSMENTS, ARE A LIEN NOT YET PAYABLE TO BE LEVIED FOR THE FISCAL YEAR 2002 -2003, 2 GENERAL /SPECIAL PROPERTY TAXES FOR FISCAL YEAR 2000 /2001 AND POSSIBLE PRIOR YEARS WERE NOT ASSESSED APN NO.: 6189- 032 -900 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3 5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA 4 WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 5 THE EFFECT OF THE FOLLOWING CONDITIONS AS PROVIDED IN A DEED RECORDED JUNE 5, 1953 AS INSTRUMENT NO 2460, OF OFFICIAL RECORDS. SAID PROPERTY IS COMMONLY KNOWN AS LUGO PARK. THIS DEED IS MADE AND ACCEPTED UPON THE FOLLOWING CONDITIONS SUBSEQUENT VIZ: THAT THE PROPERTY SO CONVEYED SHALL BE USED BY GRANTEE FOR PUBLIC PARK PURPOSES ONLY; THAT THE FOREGOING PROVISION IS HEREBY DECLARED TO BE A CONDITION UPON WHICH THE TITLE OF THE GRANTEE TO THE SAID PROPERTY SO AGREED TO BE CONVEYED SHALL DEPEND AND UPON BREACH OF SAID CONDITION THE SAID PROPERTY SHALL REVERT UNTO THE GRANTOR COUNTY OF LOS ANGELES. 6. THE FACT THAT SAID LAND IS INCLUDED WITHIN A PROJECT AREA OF THE REDEVELOPMENT AGENCY SHOWN BELOW, AND THAT PROCEEDINGS FOR THE REDEVELOPMENT OF SAID PROJECT HAVE BEEN INSTITUTED UNDER THE REDEVELOPMENT LAW (SUCH REDEVELOPMENT TO PROCEED ONLY AFTER THE ADOPTION OF THE REDEVELOPMENT PLAN) AS DISCLOSED BY A DOCUMENT. REDEVELOPMENT AGENCY: PROJECT AREA A OF THE LYNWOOD REDEVELOPMENT AGENCY RECORDED: DECEMBER 18,'1980 INSTRUMENT NO 80- 1272415, OF OFFICIAL RECORDS 820772 -89 5 7. THE REQUIREMENT THAT WE BE FURNISHED WITH A RESOLUTION OF THE BOARD OF DIRECTORS OF CITY OF LYNWOOD AUTHORIZING THE CURRENT TRANSACTION. 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR STORM DRAIN PURPOSES 9. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF: THE CITY OF LYNWOOD - FOR ROAD PURPOSES * * * * * * * * ** E N D O F R E P O R T * * * * * * ** ti 820772 -89 0 SPECIAL NOTE A. N 0 T E S 0 NOTICE OF CHANGE IN OWNERSHIP RECORDING PROCEDURE EFFECTIVE JULY 1, 1985, PURSUANT TO A NEW STATE LAW (SECTION 480.3 OF THE REVENUE AND TAXATION CODE), ALL DEEDS AND OTHER DOCUMENTS THAT REFLECT A CHANGE IN OWNERSHIP, MUST BE ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT, TO BE COMPLETED BY THE TRANSFEREE IF THIS SPECIAL REPORT IS NOT PRESENTED AT THE TIME OF RECORDING, AN ADDITIONAL RECORDING FEE OF $20.00, AS REQUIRED BY LAW, WILL BE CHARGED PRELIMINARY CHANGE IN OWNERSHIP FORMS, INSTRUCTIONS ON HOW TO COMPLETE THEM, AND A NON - EXCLUSIVE LIST OF DOCUMENTS THAT ARE AFFECTED BY THIS CHANGE, ARE AVAILABLE FROM THE COUNTY RECORDER'S OFFICE OR THE OFFICE OF THE COUNTY ASSESSOR. SPECIAL NOTE B. PAYOFF REQUIREMENT• IF ANY OF THE DEEDS OF TRUST SHOWN IN THIS PRELIMINARY REPORT SECURES A REVOLVING CREDIT LOAN, THIS COMPANY WILL REQUIRE PRIOR TO CLOSING THAT: 1. THE BORROWER PROVIDE AUTHORIZATION TO THE LENDER TO FREEZE THE LOAN FROM FURTHER DISBURSEMENTS AND THAT WE BE PROVIDED WITH PROOF THAT THE ACCOUNT HAS BEEN FROZEN AND THE EFFECTIVE DATE OF THE FREEZE 2 ALL UNUSED CHECKS, VOIDED CHECKS AND /OR CREDIT CARDS BE SUBMITTED TO THIS COMPANY 3 THERE ARE NO OUTSTANDING CHECKS UNPAID 4 SHOULD THE COMPANY BE UNABLE TO ASCERTAIN THAT ONE OR MORE OF THE ABOVE HAVE NOT BEEN COMPLIED WITH, WE WILL WITHHOLD FROM THE PROCEEDS THE MAXIMUM AMOUNT OF THE LOAN OBLIGATION UNTIL SUCH TIME AS WE MAY VERIFY THAT THE PAYOFF WAS SUFFICIENT TO OBTAIN A FULL RECONVEYANCE. 820772 -89 _7_ 0 0 SPECIAL NOTE C: (HOMEOWNERS' ASSOCIATION LIENS) PRIOR TO THE ISSUANCE OF TITLE INSURANCE, IT WILL BE NECESSARY THAT WE BE FURNISHED A WRITTEN STATEMENT FROM THE HOMEOWNERS' ASSOCIATION OF WHICH SAID PROPERTY IS A MEMBER, WHICH WILL PROVIDE THAT ALL LIENS, CHARGES AND /OR ASSESSMENTS LEVIED ON SAID LAND HAVE BEEN PAID SAID STATEMENT SHOULD PROVIDE CLEARANCE UP TO AND INCLUDING THE TIME OF CLOSING. IN ORDER TO AVOID UNNECESSARY DELAYS AT THE TIME OF CLOSING, WE ASK THAT YOU OBTAIN AND FORWARD SAID STATEMENT AT YOUR EARLIEST CONVENIENCE NOTE NO. 1• THIS REPORT IS INCOMPLETE WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES INDICATED BELOW, FIVE (5) DAYS PRIOR TO CLOSING, IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON ALL PARTIES: X NOTE THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES, BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE NOTE NO. 2: THIS CHARGE FOR A POLICY OF TITLE INSURANCE, IF ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC INSURANCE RATE 820772 -89 _8_ 0 0 NORTH AMERICAN TITLE COMPANY LENDERS SUPPLEMENTAL REPORT ATTENTION ORDER NO. 820772 -89 REF : DATED AS OF AUGUST 19, 2002 AT 7:30 A M TITLE OFFICER MIKE HEIL THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND /OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN FORM POLICY OF TITLE INSURANCE: tM'3' Malmo u�unr 7AV % V1311A '3AV NHVd 09n'1 fib rPiP!( - 01IP01 /WUf 6S •sr LI ruc�YL COFP�H i i 0 0 N 0 A d a fs I n� O arr ll y yrnvi 9l•QSIJ penw�.t7,p .fl�J mbrdi� "ME INFORMATION ON THIS FLAT IS PROVIOED FOR YOUR CONVENT LNf.E AS A GUIDE TO THE GENERAL LOCATION UE THE SMIECT PROP ERTY THE ACCURACY OF THIS PLAT.IS NOT GUARANTEED, NOR IS IT A HART OF ANY POLICY. REPORT OR P>IJARARTEE TO WHICH IT MAY BE AT SfGlbO:' 0 a. R W qfs :m "Lrlm •Ana q1 , OZ- 6I— SZI'974 saoD ° o 6 z L9 'ON 1.�dal N ZL- 010dVi o 1:)YN.L Nosnv is 3H1 • J0 1.L0 d0 NOISIAIa z anV aslnm Z c) v y N QI M v9 L :V66 T J E'¢ 1a_ r� 1 I � 16 Vl 1 -/j Qw F e 6919 s + ; :e. E v� • 0 0 U FIRST RESTATED JOINT USE AGREEMENT THIS FIRST RESTATED JOINT USE AGREEMENT ( h e r e i n a f t e r "Agreement") is dated for reference as of September 2, 2003 The parties are the Lynwood Unified School District ( "School District"), a political subdivision of the State of California, and the City of Lynwood ( "City "), a municipal corporation. RECITALS WHEREAS the parties previously entered into that that certain other prior "Agreement between the Lynwood Unified School District and the City of Lynwood for Recreational Use of Facilities," made and entered into as of October 17, 2000 ( "the Prior Joint Use Agreement'); WHEREAS the School District has passed a Resolution of Necessity ( "Resolution of Necessity ") concerning acquisition of Ham Park in Lynwood from the City; WHEREAS the City and the School District have recently engaged in negotiations concerning the sale of Ham Park to the School District, in lieu of condemnation, for the construction of a new high school and related facilities; WHEREAS pursuant to those negotiations the City and the School District entered into a Memorandum of Understanding, dated for reference as of August 6, 2003) ( "the MOU "), in which the parties declared their intent to enter into an agreement for the sale of Ham Park; WHEREAS pursuant to the MOU, the parties stated their intent to possibly enter into a "Three Party Agreement re Ham Park with Joint Escrow Instructions," ( "Three Party Agreement') with the County of Los Angeles ( "County "), if their respective legislative bodies approve, 0 9 WHEREAS pursuant to the MOU, the parties stated their intent to enter into a point use agreement or agreements concurrently with the Three Party Agreement and conditioned upon Close of Escrow under the Three Party Agreement; WHEREAS upon its acquisition of Ham Park the School District will commence activities to develop the site into a new high school and related facilities; WHEREAS the School District and the City (with the approval of the County) desire to work together cooperatively, upon mutually acceptable terms and conditions, to maximize the recreational facilities, opportunities and open space available to the school children of the School District and to the community at large during and after construction of the new high school, and during and after construction of the Substitute Park for Ham Park described in the MOU and draft Three Party Agreement; and WHEREAS the parties desire to work together cooperatively to promote joint use of City and School District owned recreational facilities, as set forth in this Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows. 1. DESCRIPTION OF FACILITIES This Agreement governs the joint use relationship with respect to the following "Facilities." 1.1 City Facilities The City shall make available for School District use under the terms of this Agreement, the following Facilities: (a) the large meeting room, the foyer meeting room and the Conference Room at the Lynwood Youth Center (1 1409 Birch Street), (b) the three meeting rooms and multi -use gymnasium at the Community/Transit Center (11301 Bullis Road), 2 (c) the four tennis courts, three soccer fields, three baseball /softball fields, two outdoor basketball courts and two outdoor volleyball courts at the Lynwood City Park (11301 Bullis Road); (d) the fifty meter swimming pool and rear outdoor patio at the Natatorium (3770 Martin Luther King Jr Blvd.); and (e) the two meeting rooms, auditorium and outdoor courtyard patio at Bateman Hall (11331 Ernestine Avenue). (f) reasonable access to restroom facilities during scheduled School District events at the City Facilities. 1.2 School District Facilities The School District shall make available, under the terms of this Agreement, all outdoor play fields, outdoor sports diamonds and outdoor courts, all indoor gymnasium courts (without locker room access), and (without access to or use of kitchen facilities) all cafeterias and auditoriums, on School Distnct -owned school facilities currently existing. Furthermore, based on the discretion of and written permission from individual school principals in the School District, the School District may also make classrooms available. Finally, the School District shall also make available reasonable access to restroom facilities during scheduled City events at School District Facilities. 1.3 Future Facilities The Resolution of Necessity has an Exhibit 2 attached that sets forth certain point use Facilities to be constructed by the School District at the new high school at Ham Park. Upon completion of such construction, use by the City of such Facilities shall be governed by this Agreement. The City, likewise, plans construction of a replacement park for Ham Park and a new senior citizen's center. Upon completion of such construction, use by the School District of such Facilities shall be governed by this Agreement. It is the intent and goal of the parties to also allow similar, reasonable, reciprocal joint use of other new facilities as they are completed and put into use by the parties, on terms and conditions that are mutually agreeable to all parties. 3 1.4 Joint Use Dunna Construction of the New High School The School District further will make its Facilities (as described in section 1.2 above) at Lugo Elementary School, Washington Elementary School, Lynwood Middle School and Lynwood High School specifically available during the construction of the new high school at Ham Park, as replacement space (where reasonably suitable) for those activities that would otherwise have been conducted at Ham Park but for the construction of the new high school on the site. This will include designated areas during school hours at these schools for use by the public The School District shall cooperate with the City, under the terms of this Agreement, to permit City use of these School District -owned Facilities during the construction period, and, to the extent reasonably possible, allow activities that would otherwise have been conducted at Ham Park but for the construction of the new high school on the site to be conducted instead at the nearest Facility (described in this section) to Ham Park. The School District will also make additional Facilities available during the construction period, if needed, upon terms and conditions agreed to in writing by the parties. 2. USE OF FACILITIES 2 1 School District and City hereby grant a non - exclusive license to each other to use each other's Facilities in accordance with the terms and conditions set forth in this Agreement, including the following: 2.1 1 School District and City may utilize each other's Facilities without monetary consideration to the other party, except as authorized by this Agreement. 2.1.2 Whenever possible, School District and City agree to utilize their own respective Facilities prior to utilizing each other's Facilities. 2 1.3 Neither party may use the facilities of the other without the prior written consent of the other, which consent shall not be unreasonably withheld. With respect to the use of Facilities, School District and City shall conduct "Scheduling Meetings." An Initial Scheduling Meeting shall be conducted within 15 days of the Close of Escrow under the Three Party Agreement, and two meetings shall be conducted annually thereafter for the purpose of scheduling further anticipated uses of the Facilities ( "Further Scheduling Meetings ") 4 0 9 2.1.3.1 At the first Further Scheduling Meeting, which shall take place on or before May 1st of each year, School District and City shall agree upon a schedule, in writing, for the summer months (i.e. June, July, August and September) with respect to the use of the Facilities, including, but not limited to, the times, uses and users of the Facilities. V 2 1.3.2 At the second Further Scheduling Meeting, which shall take place on or before September 1st of each year, School District and City shall agree upon a schedule, in writing, for the non - summer months with respect to the use of the Facilities, including, but not limited to, the times, uses and users of the Facilities. 2.1.3.3 After the schedules are set at the Scheduling Meetings, both parties shall notify each other in case of any scheduling changes. In the event of an unanticipated event that is not included on the schedules set at the Scheduling Meetings, each party agrees to reasonably accommodate the other party with respect to such event. 2.2 Except as provided in section 14, School District shall have exclusive use of the School District Facilities, Monday through Friday (except on School Holidays), from one -half (1/2) hour before the commencement of the school day until one -half (1/2) hour after school closing time. School Holidays shall be defined as those days or portions of days when school is not in session. 2.3 School District shall notify City at the Scheduling Meetings of any school events, including athletic academic or performing arts events, that are anticipated to extend more than one half (1/2) hour beyond a school's closing time so that such games may be included in the schedule that is agreed upon at the Scheduling Meetings. In addition, should School District require the use of any Facilities for any California Interscholastic Federation activity, such use shall take precedent over any pre - existing use at any of the Facilities as long as forty -eight (48) hours notice is given, whether or not such use is during school hours or included in the schedules agreed upon at the Scheduling Meetings. 24 On school days, School District Facilities will be available to City one -half (1/2) hour after a school's closing time unless a school event or practice (including an athletic, academic or performing arts event or practice) is in progress. E 2.5 On non - school days, School District Facilities shall be available from 7 a.m. until dusk for all outdoor non - lighted Facilities and 10:00 p.m. for all indoor and outdoor lighted Facilities and in no event later than 1 1 p.m. unless special permission is expressly granted by School District. Outdoor lighting will be regulated by automated time clocks to assure compliance. 2.6 City shall schedule uses of School Distnct Facilities that are consistent with the ordinances, regulations, and policies of School District, as well as State and Federal law 2.7 Notwithstanding anything to the contrary in this Agreement, the use of School District Facilities by City shall be in such a manner, as not to interfere with the School District's normal use of School District Facilities, including, but not limited to back to school nights, games, practices, school assemblies, and cleaning /gardening activities. 2.8 Each party agrees to utilize the Facilities in conformance with Federal and State law as well as School District and City administrative regulations. 2.9 No unlawful activity is permitted at the Facilities. The sale, use, or consumption of alcoholic beverages or tobacco at the Facilities is not permitted. Conduct inconsistent with School District policies, including those prohibiting firearms, is not permitted. City shall not permit or license any concession sales at or about the Facilities, nor permit placing of vending machines at the Facilities, without the prior written consent of District. 2.10 Each Party using another's Facilities shall provide adequate staffing and appropriate supervision for each Party's use of the Facilities. 2.11 Neither party will erect or change signs at the other's Facilities without the prior written consent of the other. Neither party will make any misleading statements to the public as to the ownership of any Facility used by such party but owned by the other 3. MAINTENANCE RESPONSIBILITIES 3 1 School District and City shall be responsible for the maintenance of their respective Facilities, however, should either of the Parties cause maintenance costs out of the ordinary with respect to their use of the others' Facilities, such 0 0 �J party shall be responsible for these additional maintenance costs. 3.2 The parties agree that graffiti eradication will be the responsibility of the property owner unless otherwise specified in a separate document. 3.3 The parties agree that, by written authorization from the owner of the Facility upon mutually agreeable terms and conditions, the other party, or a City sponsored local recreation organization ( "Recreation Organization "), may be allowed, at their own expense, to provide special maintenance or improvements to a Facility that is considered beneficial to all parties as long as such other party or Recreation Organization complies with any and all applicable laws and regulations regarding the provision of maintenance and /or construction of improvements to facilities owned by public entity. 3.4 The parties agree that all outdoor fields and indoor sports Facilities will be kept in good repair and in a manner suitable for usage by City, School District and Recreation Organizations with respect to athletic programs. The facilities and grounds staff of each Party shall meet from time to time to decide how to cooperatively establish and achieve this standard of care. 3.5 The Parties agree to schedule any planned renovation and/or repairs in a manner to minimize impact upon each other, Recreation Organization and other community uses and to submit any planned renovation/repairs to Facilities at the scheduling meetings so as to assist in accurate seasonal planning. Such work will be coordinated with the affected site's administrator 3 6 Any party making or permitting use of a Facility owned by the other will make reasonable efforts to clean up the Facility and remove trash generated during the event from it upon completion of the event. 4. CIVIC CENTER ACT Both parties acknowledge that School District's Facilities are identified as a "Civic Center" pursuant to the Civic Center Act (Education Code Sections 38130 et seq ) and that the use of School District's Facilities must comply with the provisions of the Civic Center Act. Both Parties understand that other individuals and /or entities may utilize the School District Facilities pursuant to the Civic Center Act. 0 a 5. TERM OF THIS AGREEMENT 5.1 Original Term The term of this Agreement shall commence at the Close of Escrow under the Three Party Agreement, if that agreement is finalized and approved, and shall end two years after City's acceptance of completion of the Substitute Park described in the Three Party Agreement. However, the City shall take reasonable, diligent measures to complete construction of the Substitute Park and accept completion of construction, and, in no event, shall the Original Term extend beyond five years after Close of Escrow under the Three Party Agreement, without the prior written consent of both parties. 5.2 Option to Renew The Parties may further extend this Agreement beyond the Original Term by mutual written agreement for an additional term of up to three (3) years ( "Subsequent Term "). 6. TERMINATION OF AGREEMENT After the expiration of the Original Term, this Agreement and any Subsequent Term may be terminated by either party by delivery of written notice of election to terminate at least ninety (90) days prior to in advance of the termination date elected. 7. INDEMNIFICATION AND INSURANCE 71 Mutual Indemnification 7.1.1 School District agrees to hold harmless, defend, and indemnify City against all actions, claims, or demands for injury, death, loss, or damage, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the willful acts or omissions of City, its agents, servants, or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of the use of the Facilities by School District or its agents, servants, employees, or implementation of this Agreement including without limitation, negligent acts or omissions of School District involving the condition of the Facilities for which the School District was obligated to maintain. F11 9 • 7 1.2 City agrees to hold harmless, defend, and indemnify School District against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the willful acts or omissions of School District, its agents, servants, or employees), whenever such injury, death, loss, damage or claim is a consequence of, or arises out of the use of the Facilities by City or its agents, servants, employees, or implementation of this Agreement including without limitation, negligent acts or omissions of City and /or Recreation Organizations involving the condition of the Facilities for which the City was obligated to maintain. 7.1.3 The provision of indemnity set forth to this Section7.1 shall not be construed to obligate a party to pay any liability, including but not limited to punitive damages, which by law would be contrary to public policy or otherwise unlawful. 7.2 Insurance 7.2.1 Each Party shall procure and maintain, during the period of this Agreement, comprehensive public liability insurance coverage, for its acts or omissions described herein in a form satisfactory to the other party in the following minimum amounts. Bodily injury (including death) $1,000,000.00 Each person, each occurrence $1,000,000.00 Property damage $1,000,000.00 7.2.2 Policies or certificates evidencing each party's coverage shall be filed with the other party, shall include the other party as a named additional insured, and shall be primary. Said policies or certificates shall provide thirty (30) days' written notice to the other party prior to any material change, termination or cancellation. 7.2.3 The insurance limits referred to herein maybe increased from• time to time by mutual written consent in accord with then accepted practice for California public agencies. 7.2.4 The policy for same shall insure against all liability of the party procuring insurance, its representatives, employees, invitee and agents arising 0 0 0 from, or in connection with, each party's use of the Facilities and shall insure performance by such party of any of the hold - harmless provisions set forth herein. Each party shall make certain that the other party is named as an additional insured under the insurance policy 7.2.5 The insurance required under this section shall be issued by either a reputable insurance company admitted to do business in California, in a form reasonably acceptable to the other party, or through a joint powers agency, or similar entity, formed for the purpose of providing insurance to public entities. 7.2.6 The Parties recognize that insurance practices and requirements of a school district and a municipality may differ from that of private parties and may change from time to time. During any period of time in which the parties, as regular practice do not maintain insurance but rather self - insure or participate in a Joint Powers Agreement with other governmental entities, the parties may meet their insurance requirements under this Section in the same manner. 7.3 Privileges and Immunities Notwithstanding anything to the contrary in this Agreement, neither party waives any of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of either party 8. NOTICES 8.1 All formal notices, demands, and communications between the parties shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to If to School District: Attention: Superintendent LYNWOOD UNIFIED SCHOOL DISTRICT 11321 Bullis Road Lynwood, CA 90262 If to City• IK Attention: City Manager CITY OF LYNWOOD 11330 Bullis Road Lynwood, CA 90262 8.2 Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed shall be deemed effective at Noon on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent to such other addresses as any party may from time to time designate in a notice delivered in accordance with the requirements of this Section. 8.3 The parties will provide each other after -hours emergency contact phone numbers of appropriate supervisory staff which shall be periodically updated. Such lists will also include emergency contact numbers for other facilities which may be utilized in the event of a community emergency. 9. MISCELLANEOUS 9.1 Binding on Successors The terms and conditions herein contained shall apply to and bind the heirs, successors in interest, executors, administrators, representatives and assigns of all the parties hereto. 9.2 Supervision 9.2.1 Each party shall be responsible for supervising their respective activities at the Facilities owned by the other 9.2A Recreation Organizations 9.2A.1 With respect to Recreation Organizations, City and School District may each be responsible for the scheduling of recreation programs by Recreation Organizations at Facilities owned by the other. If so, each shall require each of the Recreation Organizations to execute a document stating the following: [Name of Recreation Organization] agrees to hold harmless, defend, and indemnify School District and City against all actions, claims, or demands, for injury, death, loss or damages, regardless of fault or 0 E cause, including active or passive negligence, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the willful acts or omissions of City and/or School District, its agents, servants, or employees), whenever such injury, death, loss, damage or claim is a consequence of, or arises out of the use of the Facilities by [Name of Organization] or its agents, servants or employees. 9.2A.2 In addition, the party owning the Facility may require proof of reasonable insurance for the event from the Recreation Organization, or the party scheduling the event for the Recreation Organization if that party is willing and able to extend coverage to the event. The party owning the Facility may also waive this insurance requirement. 9.3 Inconsistent Use In the event that School District's Superintendent should determine that City's use of School District Facilities is inconsistent with School District's use of the Facilities for School District purposes or that City's use interferes with the education programs and activities at School District Facilities, the Parties agree to resolve such dispute pursuant to Section 9.5 of this Agreement. Likewise, in the event that City's City Manager should determine that School District's use of City Facilities is inconsistent with City's use of the Facilities for City purposes or that School District's use interferes with the civic programs and activities at City Facilities, the Parties agree to resolve such dispute pursuant to Section 9.5 of this Agreement. 9.4 Emergency /Disasters 9.4 1 School District's Superintendent is responsible for safeguarding the health, welfare, and safety of students. In emergency situations, the Superintendent or his/her designee shall take such action as he /she deems appropriate to provide for the safety of the students. 9.4.2 Should an emergency and/or disaster require immediate action with respect to repairs, maintenance, or safeguarding of the Facilities, School District and City agree to take a joint approach with respect to such action and, if possible, consult each other prior to taking such action. However, should a party be unable to consult the other party, and immediate action is required to minimize damage to the Facilities and /or to protect the safety and welfare of the public, such 12 0 • party may act without consultation with the other party and after the emergency /disaster if over, both parties shall attempt to resolve any dispute with respect to such action. If the parties are unable to resolve any dispute with respect to an action taken in response to an emergency /disaster, such dispute shall be resolved in the manner set forth in the sections in this Agreement relating to mediation and arbitration. 9.5 Arbitration (Mediation) In the event any dispute arises over the scheduling of the use of Facilities or any other dispute arising under the terms of this Agreement, School District and City representatives shall meet and confer with the objective of resolving such disputes within seventy -two (72) hours of the request of either Party. If within seven (7) calendar days, or such longer period as may be agreed upon by the Parties, the dispute cannot be resolved by the Parties to their mutual satisfaction, School District and City shall then convene a committee composed of two (2) members of School District's governing board, two (2) members of City's governing board, along with one (1) staff member from both School District and City. The committee shall meet as soon as possible to attempt to resolve the dispute to the mutual satisfaction of the Parties. If the dispute remains unresolved, the parties agree that the dispute shall be submitted to binding arbitration by a retired judge of the Los Angeles Superior Court, selected by mutual agreement of the parties or appointed by the court if the parties cannot agree. Discovery shall be permitted at the discretion of such judge. 9.6 Official Representatives The official representatives for School District and City shall be Superintendent or his /her designee and City Manager or his/her designee respectively. These official representatives shall be responsible for assuring compliance with the rules for use of the Facilities including without limitation School District and City's administrative regulations. 9.7 No Assignment of Rights No rights which School District or City has under this agreement may be assigned to any other person, persons, or corporation without prior written approval of the other party. 13 • a 9.9 Employees 9.9.1 For purposes of this Agreement, all persons employed in the performance of services and functions for the City shall be deemed City employees and no City employee shall be considered as an employee of the School District under the jurisdiction of the School District, nor shall such City employees have any School District pension, civil service, or other status while an employee of the City. 9.9.2 For purposes of this Agreement, all persons employed in the performance of services and functions for the School District shall be deemed School District employees and no School District employee shall be considered as an employee of the City under jurisdiction of the City, nor shall such School District employees have any City pension, civil service, or other status while an employee of the School District. 9 10 Recreation Program Costs Except as otherwise provided, neither party shall be responsible to the other party for the cost of the other party's recreation programs or the cost of any third party organization that might benefit from a particular aspect of this Agreement. The City covenants and agrees to bear all costs that it should incur in respect to the operation of any recreation program, including the cost of service of its employees and incidental costs in connection therewith. School District covenants and agrees to bear all costs that should incur in respect to the operation of any school activity The parties acknowledge that each party may charge reasonable fees for the use of Facilities as permitted under the laws of California to offset the costs associated with establishing, coordinating and conducting certain recreation programs pursuant to the terms of this Agreement (including, but not limited to, the cost of having designated personnel on hand to open and close Facilities and during joint use events, as required by this Agreement, costs of clean up and maintenance, the cost of security or other personnel reasonably needed and not on -site at the time of any event, and cost of utilities). Each party will adhere to the other's rules, regulations and conditions with respect to use of the other's Facilities, which shall not be unreasonably or arbitrarily imposed. 14 • ! 9 11 Specific Provisions 9.11.1 Locks - Keying, and Access Authorization District and City will maintain the keys to their respective Facilities, but will provide a designated person or persons to open and close locked Facilities when they are needed for use by the other for scheduled events. Such designated person or persons will remain on -site during the entire event, and will also be reasonably familiar with the Facility and have reasonable access to its equipment and furnishings in the event that, if available at the site of the event at a Facility, additional chairs or tables are needed, lights need to be turned on, or equipment substitutions need to be made from other equipment available at the site of the. Either party may opt to have other personnel, including security personnel, present during an event conducted by the other However, neither party is obligated to hire or have available any personnel, or security personnel, during events conducted by the other, other than the designated person or persons described in this section. 9 11.2 Joint Parking The parties concur to allow parking in designated areas which will minimize off -site parking intrusion to surrounding properties. 9.11.3 RESERVED. 9 11.4 Utilities. The party using another's Facilities will also be given access to utilities normally available at such Facilities, subject to payment of reasonable fees for such use under the terms of this Agreement. 9.11.5 Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of California and to the extent that there is any conflict between this Agreement and the laws of the State of California, the laws of the State of California shall prevail. 15 0 9 9.12 Improvements Title to all improvements to be constructed on the Facilities shall be held by the owner of the Facility upon which such improvements were made unless the Parties enter into an agreement to the contrary. 9 13 Entire Agreement This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter thereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon written consent of the parties hereto. 9 14 Joint Preparation This Agreement shall be deemed to have been prepared jointly by the parties, and the usual rule that the provisions of a document are to be construed against the drafter shall not apply. 9.15 Condition Precedent This Agreement becomes effective upon approval by the legislative bodies of the respective parties. However, the rights and duties of the parties under this Agreement are conditioned upon the Close of Escrow pursuant to the Three Party Agreement, assuming such Three Party Agreement is finalized and approved. Upon such Close of Escrow, this Agreement shall supercede and replace the Prior Joint Use Agreement in its entirety. If, however, the Close of Escrow does not take place, this Agreement shall have no further force and effect and the joint use relationship between the parties shall continue to be governed by the terms and conditions of the Prior Joint Use Agreement to the extent it remains in effect. 16 9.16 Counterparts This Agreement may be executed by each party in counterpart. ACCEPTED AND AGREED: Lynwood Unified School District By: Title. BOARD PRESIDENT Print name: Dated: .2003. By: Title CLERK Print name Dated: 2003 Approved as to Form By: Counsel for Lynwood Unified School District Print name. Dated: .2003 17 City of Lynwood By: Title: MAYOR Print name. _ Dated: Attested by: 2003 Title: CLERK Print name- Dated: Approved as to Form By: 2003. Lynwood City Attorney Print name Dated: 2003. • 0 DATE. SEPTEMBER 2, 2003 TO HONORABLE CHAIRMAN AND MEMBE S OF THE AGENCY HONORABLE MAYOR AND MEMBER F THE CITY COUNCIL FROM: Lorry Hempe, Executive Director By: Louis Morales, Deputy Executive Director SUBJECT. JOINT PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED THIRD AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT ( "ARDDA ") B ETWEEN T HE AGENCY AND 3100 E. I MPERIAL HIGHWAY, LLC. AND A SECOND AMENDMENT TO THE COMMERCIAL REHABILITATION LOAN AGREEMENT ( "CRLA ") BETWEEN THE AGENCY AND LTC DEVELOPMENT. Purpose To have the Lynwood Redevelopment Agency (the "Agency ") the Lynwood City Council (the "City ") conduct a joint public hearing to consider the amendments to the DDA and Commercial Rehabilitation Loan Agreement in connection with the Plaza Mexico project. Facts 1 The original DDA and environmental findings were approved at a joint public hearing on November 2, 1999 2. The DDA was amended in the form of an ARDDA and was subsequently amended via a First Amendment, Second Amendment, and now for consideration a Third Amendment to the ARDDA. 3. The proposed development under the DDA and the ARDDA and its respective amendments thereafter will remain the same and are consistent with the redevelopment goals of the Agency and Redevelopment Project Area "A' 4. A d raft Third A mendment t o A RDDA a nd Second A mendment t o C RLA have been prepared and are attached for Agency and City review and consideration. A 0 0 0 9 Third Amendment to the ARDDA Summary The purpose of the proposed Third Amendment to the ARDDA is to effectuate the Redevelopment Plan for the Redevelopment Project Area "A" and to dispose of Agency parcels that were not previous contemplated for disposition when the DDA and subsequent amendments were approved. Additionally, given the design and modified configuration that the project has undertaken the Agency will be considering accepting other features and upgrades in -lieu of installing permanent amusement rides as was originally provided for in the DDA. The Third Amendment to the ARDDA will also provide a new project completion date of December 31, 2004. Under the Third Amendment to ARDDA the Agency will convey Agency -owned property to the Developer to be used for parking. The Agency parcels are under- utilized parcels, which have been owned by the Agency for over fifteen years (See attached Assessor's map). Agency ownership of these properties has meant that the parcels have been tax exempt and have not been producing tax increment to the Agency. The Agency, through the proposed Third Amendment to the ARDDA has the opportunity put such parcels back in to circulation under private ownership and begin collecting much needed increment while providing the necessary parking for the project. The parcels are approximately 14,126 sq. ft. and have a value of $113,000 In the addition, and under the original DDA, the Agency -owned former City -Yard was to be conveyed to the Developer at a cost of $300,000 The Agency had an obligation to spend up to $7.55 million for property acquisition, which included the Agency -owned City Yard. A balance of $225,117 remains of the $7.55 million obligation which be applied towards the $300,000 acquisition of the City Yard leaving a shortfall of $74,883. Since the properties are needed for the project and will not be a out of pocket expense to the Agency upon conveyance, the Agency's participation will increase from $7.55 million to $7 74 million. Summary of Second Amendment to the CRLA The Second Amendment to the CRLA essentially provides that $2 Million may, in addition to rehabilitation, also be used for new construction. The proposed amendment also provides a new completion date of December 31, 2003, which will coincide with the completion date of the improvements under the Third Amendment to the ARDDA. The $2 million will still be secured with a 2 nd trust deed which subordinate to a 1s trust deed. The Developer will have to complete all the improvements to the Towne Center and be issued a Certificate of Completion before the 2 °d trust deed is conveyed to the Developer The Second Amendment to the CRLA also provides for assignment provided that the assigned entity meet the provision established by the DDA and any and all amendments. 0 0 Recommendation Staff respectfully requests that after consideration that the Agency and City adopt and approve the following resolutions: A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE THIRD AMENDMENT TO THE AMENDED AND RESTATED DISPOSITOIN AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND 3100 E. IMPERIAL HIGWAY, LLC AND THE SECOND AMENDMENT TO THE COMMERCIAL REHABILITATION LOAN AGREEMENT BETWEEN THE AGENCY AND LTC DEVELOPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE THIRD AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND 3100 E. IMPERIAL HIGHWAY, LLC AND THE SECOND AMENDMENT TO THE COMMERCIAL REHABILITATION LOAN AGREEMENT BETWEEN THE AGENCY AND LTC DEVELOPMENT THIRD AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (3100 E. Imperial Hwy, LLC) THIS THIRD AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (this 'Third Amendment') is entered into by and between the LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California (California Health and Safety Code Sections 33000, et seq ) (the "Agency ") and 3100 E. IMPERIAL HWY., LLC, a California limited liability company (the "Developer "), with reference to the following: A. The Agency continues to implement the Redevelopment Plan for the Lynwood Redevelopment Project Area A (the "Project Area "), which was approved and adopted on July 3, 1973 by Ordinance No 945 by the City Council of the City of Lynwood (the "City "); subsequently amended on December 27, 1973 by Ordinance No. 960; on August 19, 1975 by Ordinance No 990; on June 1, 1976 by Ordinance No 1000; on December 7, 1976 by Ordinance No. 1010; on December 16, 1980 by Ordinance No. 111, and on July 19, 1988 by Ordinance No 88 -1308 (collectively the 'Redevelopment Plan "). Said Ordinance and the Redevelopment Plan are incorporated herein by reference and made a part hereof as though set forth in full. B The Agency and the Developer entered into a Disposition and Development Agreement on or about December 22, 1999 (the "Original DDA "). On October 18, 2000, the Agency and the Developer entered into an Amended and Restated Disposition and Development Agreement (the "Amended and Restated DDA "), which superseded the Original DDA. On July 24, 2002, the Agency and the Developer entered into a First Amendment to Amended and Restated Disposition and Development Agreement (the "First Amendment'). On , 2003, the Agency and the Developer entered into a Second Amendment to Amended and Restated Disposition and Development Agreement (the "Second Amendment'), (the Amended and Restated DDA, the First Amendment and the Second Amendment are collectively referred to as the "DDA "). C Pursuant to the DDA, the Agency provided monies to the Developer for the purpose of acquisition and construction of the Project, as defined in the DDA, in exchange for, among other things, the rehabilitation and improvement of certain buildings, and the provision of specified project enhancements. D Developer now desires to acquire Agency owned property for the construction of parking and circulation improvements, to provide substitute enhancements and to extend the completion date of the Project to December 31, 2004 ThirdAmToARDDASN8 -26 -03 doc t 0 0 E. The Agency is prepared to transfer to Developer Agency owned real property consisting of the parcels described in Exhibit "A" attached hereto (the "Agency Parcels ", and the parcel described in Exhibit "B" attached hereto (the "City Yard Parcel'). F The Agency and the Developer wish to clarify and modify their respective rights and obligations under the DDA as set forth in this Third Amendment. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the Agency and the Developer agree the DDA is amended to include the following: 1 Agency Fund Balance. Pursuant to the DDA Agency is obligated to expend $7.55 million for the purchase of property and related relocation. T he balance of Agency funds currently available for this purpose is $328,617 From that amount Agency will pay relocation costs of $103,500 to or on behalf of Instant Whip for the relocation of that business. This leaves a remaining balance of $225,117 (hereinafter "Agency Fund Balance "). The Agency a nd D eveloper a gree t hat t he Agency F and B alance s hall b e a pplied a s s et forth in this Third Amendment. The Agency acknowledges that all relocation obligations arising out of or in connection with the DDA (except the $103,500 payment to Instant Whip to be made by the Agency) have been satisfied. 2. Purchase and Sale of Agency Properties The Agency agrees to sell to the Developer, and the Developer agrees to purchase from the Agency, the Agency Parcels (Exhibit "A ") and the City Yard Property (Exhibit "B "). Developer shall accept such transfer of the property from Agency, and shall pay to Agency as consideration for such transfers, an aggregate purchase price of $225,117 for the Agency Parcels and the City Yard Property (the "Purchase Price "). Upon the conveyance to Developer or Developer's nominee of fee simple title to the Agency Parcels and the City Yard Property, the Agency Fund Balance shall be applied to pay the Purchase Price in full. Developer shall have no obligation to pay any amount to the Agency or any third party in connection with the conveyance of the Agency Parcels and the City Yard Property The Agency shall convey fee simple title to the Agency Parcels and the City Yard Property to Developer or Developer's nominee within five (5) days after the Agency's approval of this Third Amendment. Developer shall have the right to designate LTC Development Corp., a California corporation as the grantee of all or a portion of the Agency Parcels and /or the City Yard Property ThirdAmToARDDASN8- 26 -03.dm 2 0 9 5. Project Enhancements. Agency will accept the water element feature as more specifically shown on Exhibit "C" attached hereto and the fagade improvements developed as a replica of the State of Jalisco Capital Building, as more specifically shown on Exhibit "D" in place of the amusement rides required in the DDA. 6 Completion Date. The completion date for the Project, including this Third Amendment, is extended to December 31, 2004 7 Attorneys Fees Developer shall be responsible for the payment of attorney fees and costs in the event of any enforcement action necessitated by the Agency regarding any terms and conditions in this Third Amendment. 8. Agency May Terminate Entitlements If Developer materially fails to fulfill its obligations under this Third Amendment and fails to cure such failure within the cure period specified in the DDA, Agency may terminate or modify any entitlements granted under the DDA or this Third Amendment. 9 Integration The remaining terms of the DDA are not affected by this Third Amendment and such terms shall remain in force and effect. This Third Amendment integrates all of the terms and conditions of the Amended and Restated DDA and those mentioned herein or incidental hereto All waivers of the provisions of this Third Amendment must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of Agency and Developer 10. Prospective Application The terms and conditions of this Third Amendment shall apply prospectively only and not retroactively 11 No Joint Venture It is not the intent of the parties to create a joint venture or partnership; nothing contained herein shall be deemed to create a joint venture or partnership between the parties to this Third Amendment. ThirdAmToARDDASN8- 26 -03.dm 3 0 0 12. Effective Date The Effective Date of this Third Amendment shall be the date when it shall have been signed by the Executive Director of the Lynwood Redevelopment Agency IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the Effective Date. Dated: 2003 LYNWOOD REDEVELOPMENT AGENCY Lorry Hempe, Executive Director Dated: 2003 3100 E. IMPERIAL HWY., LLC, a California Limited Liability Company M M Min Chae Managing Member Donald Chae Managing Member APPROVED AS TO FORM: Agency Counsel ThlydAmTOARDDASN8- 26 -03.do 4 0 EXHIBIT "A" 0 AGENCY PARCELS LEGAL DESCRIPTION ThirdAmToARDDASN8- 26 -03.dm 0 EXHBIT "B" 0 CITY YARD PROPERTY LEGAL DESCRIPTION Th irdAmToA RDDASN8- 26 -03.do 0 EXHIBIT "C" 0 DESCRIPTION OF WATER ELEMENT ThvdAmToARDDASN8- 26- 03.doc 7 0 0 Recording Requested by- LYNWOOD REDEVELOPMENT AGENCY When Recorded Return to and Mail Tax Statements to Lynwood Redevelopment Agency 11330 Bullis Avenue Lynwood, California 90262 Space Above for Recorders Use FREE RECORDING REQUESTED (Government Code Section 6103) EXEMPT FROM TRANSFER TAX GOVERNMENTAL TRANSFER SUBORDINATION, NONDISTURBANCE, AND ATTORNMENT AGREEMENT This Subordination, Nondisturbance, and Attomment Agreement (this "Agreement ") is entered into as of , by the LYNWOOD REDEVELOPMENT AGENCY ( "Lender "), LTC DEVELOPMENT, INC., a California corporation ( "Landlord ") and ALPHA BETA COMPANY, a California corporation ( "Tenant "). Recitals A. Landlord and Tenant are parties to that certain written Shopping Center Lease dated September 16, 1987 ( "Original Lease ") originally between LYNWOOD ASSOCIATES, a California general partnership, as landlord ( "Original Landlord ") and FOODS COMPANY MARKETS, INC., a California corporation, as tenant ( "Original Tenant "), as supplemented by that certain Rent Commencement Agreement, Certificate of Tenancy, Lease Addendum, dated November 22, 1988, that certain Letter, dated August 31, 1993, from Original Landlord's agent to Tenant; and that certain Letter, dated September 4, 1998, from Tenant to Original Landlord; that certain First Amendment to Lease dated July 3, 2003 between Landlord and Tenant; and that certain First Agreement for Implementation of First Amendment to Lease dated August _, 2003 between Landlord and Tenant (collectively the "Lease "), with respect to the premises legally described therein and commonly known as 11245 Long Beach Blvd., Lynwood, California (the "Premises "). The Premises are part of the Lynwood Town Center shopping center, which is more particularly described in the Deed of Trust, hereafter defined. B Lender is the beneficiary under a Deed of Trust dated and recorded on in the Official Records of Los Angeles County, California as instrument number (the "Deed of Trust ") encumbering the Property, which secures a note payable to Lender in the original principal amount of $2,000,000 00. 1241 \001 \ATTORN.AGT 0 C. On the terms and conditions in this Agreement, the parties desire to subordinate Tenant's leasehold interest in the Premises to the lien of the Deed of Trust and to assure Tenant possession of the Premises for the entire term of the Lease, even though Lender may foreclose the lien of the Deed of Trust before expiration of the Lease. Therefore, in consideration of the mutual covenants and agreements contained in this Agreement, the parties agree as follows: Section 1. Subordination. The Lease shall be subject and subordinate to the lien of the Deed of Trust and to any renewals, modifications, consolidations, replacements and extensions of the Deed of Trust to the full extent of the indebtedness secured by the Deed of Trust. Section 2. Nondisturbance. So long as Tenant is not in default, beyond any period given to Tenant to cure a default, in the payment of rent or in the performance of any of the terms, covenants, or conditions of the Lease, Tenant's possession of the Premises and Tenant's rights and privileges under the Lease, including any extensions or renewals, shall not be diminished or interfered with by Lender during the term of the Lease or any extensions or renewals. So long as Tenant is not in default, beyond any period given Tenant to cure such default, in the payment of rent or in the performance of any of the terms, covenants, or conditions of the Lease, Lender will not join Tenant as a party for the purpose of terminating or otherwise affecting Tenant's interest under the Lease, in any action of foreclosure or other proceeding brought by Lender to enforce any rights arising because of any default under the Deed of Trust unless joinder is necessary under any statute or law to secure the remedies available to Lender under the Deed of Trust, but joinder shall be for that purpose only and not for the purpose of terminating the Lease or affecting Tenant's right to possession of the Premises. Section 3. Attornment. If the Landlord's interest in the Premises is transferred to and owned by Lender or any successor of Lender ( "Acquiring Party ") because of foreclosure, sale under a private power under a deed of trust, other proceedings brought by Lender, or by any other manner, Acquiring Party shall thereby succeed to Landlord's interest as Landlord under the Lease, and Tenant shall be bound to the Acquiring Party, and Acquiring Party shall be bound to Tenant under all of the terms, covenants, and conditions of the Lease for the balance of the remaining term, including any extensions or renewals thereof. Tenant agrees to attom to Acquiring Party as the Landlord, with the attornment being effective and self - operable immediately upon Acquiring Party succeeding to the interest of Landlord under the Lease, all without the execution by the parties of any further instruments. However, Tenant shall not be obligated to pay rent to Acquiring Party until Tenant receives written notice from Acquiring Party that Acquiring Party has succeeded to Landlord's interest under the Lease and directing where rent should be mailed. The respective 1241 \001 \ATTORN.AGT 0 rights and obligations of Tenant and Acquiring Party upon attomment, to the extent of the then remaining balance of the term of the Lease, shall be the same as in the Lease, which is incorporated by reference in this Agreement. If Acquiring Party succeeds to Landlord's interest in the Lease, Tenant shall be bound to Acquiring Party under all the terms, covenants, and conditions of the Lease, and Acquiring Party shall, after Acquiring Party's succession to Landlord's interest under the Lease, have the same remedies against Tenant for the breach of any agreement in the Lease that Landlord might have had against Tenant. Section 4. New Lease and Further Instruments. Immediately upon request by the Acquiring Party, Tenant and Acquiring Party shall enter into a new written lease for the remainder of the original term of the Lease on the same terms and conditions as the Lease, except for any changes made necessary because of the substitution of the Acquiring Party in place of Landlord. Section 5. Definitions. The term Lender or any similar term shall include Lender, and any successors, or assigns of Lender, and shall include any party that succeeds to Landlord's interest in the Premises by foreclosure of the Deed of Trust, a deed in lieu of foreclosure, or a sale under a private power contained in the Deed of Trust, or by any other proceeding. The term Deed of Trust or any similar term shall include the Deed of Trust and any amendments or addenda thereto. The term Landlord shall include Landlord and the successors, heirs, and assigns of Landlord. The term Tenant shall include Tenant and the successors, heirs, and assigns of Tenant. The term Lease shall include the Lease and all amendments, addenda, extensions, and renewals thereto or thereof. Section 6. No Change in Lease. Landlord and Tenant agree not to change, alter, amend, or otherwise modify the Lease without the prior written consent of Lender. Any change, alteration, amendment, or other modification to the Lease without the prior written consent of Lender shall be void as to Lender and Acquiring Party Section 7. Modification. This Agreement may not be modified other than by an agreement in writing signed by the parties hereto, or by their respective successors in interest. Section 8. Attorney Fees. If any party commences any action against any other party based on this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees, expenses, and costs of suit. 1241 \001 \ATTORN.AGT i 0 Section 9. Notices. In this Agreement, wherever it is required or permitted that notice or demand be given by any party to another party, that notice or demand shall be given in writing and forwarded by certified mail, return receipt requested, addressed as follows: For Landlord: LTC Development, Inc. 3100 East Imperial Highway Lynwood, California 90262 Attention: President For Tenant: Alpha Beta Company c/o Ralphs Grocery Company 1100 West Artesia Boulevard Compton, CA 90220 For Lender Lynwood Redevelopment Agency 11330 Bullis Avenue Lynwood, California 90262 Attention: Executive Director Any party may change an address given for notice by giving written notice of that change by certified mail to all other parties. Section 10. Successors. This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, successors, and assigns. Section 11. Authority. If any party is a corporation, partnership, or other entity, all individuals executing this Agreement on behalf of such corporation, partnership, or other entity hereby represent and warrant that they are authorized to do so and that this Agreement is binding upon such corporation, partnership or other entity Section 12. Headings. The headings of this Agreement are for reference only and shall not limit or define any meaning of this Agreement. Section 13. Counterparts. 1241 \001\ATTORN AGT 0 This Agreement may be executed in one or more counterparts, each of which is an original, but all of which shall constitute one and the same instrument. Section 14. Governing Law. This Agreement shall be construed in accordance with and governed by California law The parties have duly executed this Agreement as of the date first above written. LENDER. LYNWOOD REDEVELOPMENT AGENCY, a public body corporate and politic By Its: LANDLORD- LTC DEVELOPMENT, INC., a California corporation By- Its: TENANT ALPHA BETA COMPANY, a California corporation By- Its: STATE OF CALIFORNIA COUNTY OF On before me, personally appeared 1241\001 \ATTORN AGT personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) 1241 \001 \ATTORN.AGT SECOND AMENDMENT TO COMMERCIAL REHABILITATION LOAN AGREEMENT (LTC Development Corp.) THIS SECOND AMENDMENT TO COMMERCIAL REHABILITATION LOAN AGREEMENT (this "Second Amendment') is entered into by and between the LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California (California Health and Safety Code Sections 33000, et seq ) ( the "Agency') and LTC DEVELOPMENT CORP , a California corporation (the "Owner "), with reference to the following: A. The Agency continues to implement the Redevelopment Plan for the Lynwood Redevelopment Project Area A (the 'Project Area "), which was approved and adopted on July 3, 1973 by Ordinance No. 945 by the City Council of the City of Lynwood (the "City "); subsequently amended on December 27, 1973 by Ordinance No 960; on August 19, 1975 b y 0 rdinance N o. 9 90; o n J une 1, 1976 b y 0 rdinance N o 1000; on December 7, 1976 by Ordinance No 1010; on December 16, 1980 by Ordinance No. 111, and on July 19, 1988 by Ordinance No. 88 -1308 (collectively the 'Redevelopment Plan "). Said Ordinance and the Redevelopment Plan are incorporated herein by reference and made a part hereof as though set forth in full. B. The Agency and the Owner have entered into that certain Commercial Rehabilitation Loan Agreement dated April 17, 2000, as amended by that certain First Amendment to Commercial Rehabilitation Loan Agreement (the "CRLA "). Unless otherwise defined in this Second Amendment, all capitalized terms shall have the meanings ascribed to such terms in the CRLA. C Pursuant to the CRLA, the Agency made a 'vanishing" loan to Owner in the original principal amount of $2,000,000 (the "Agency Loan "). The CRLA provides for the loan to be forgiven upon Owner's expenditure of $2,000,000 for improvements on the Site as more particularly described in the CRLA. D During the planning process, the parties have become aware of opportunities for improving the Site which the parties believe will more effectively promote the redevelopment of the Site and the Project Area than the measures set forth in the CRLA. This Second Amendment amends the Scope of Development to conform to the refined development concept for the Site which has emerged from the planning process. E. The only feasible method of financing the improvements desired by Agency and Owner requires that (a) Owner's obligations to the Agency in connection with the Agency Loan be made junior and subordinate to Owner's private acquisition and construction financing (collectively the 'Bank Loan "); and (b) the conditions for SecondAmtoCRlASn8 -26 -03 doe discharge of Owner's obligations under the Agency Note be modified as provided hereafter F The Agency and the Owner wish to clarify and modify their respective rights and obligations under the CRLA as set forth in this Second Amendment. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the Agency and the Owner agree the CRLA is amended to include the following: Scope of Development The Scope of Development attached to the Agreement as Attachment No. 4 is hereby deleted in its entirety and replaced with the following: "Owner shall spend not less than $2,000,000 on the improvements described in Exhibit A to this Scope of Development or such other improvements as may be approved in writing by the Agency's Executive Director " The new Exhibit A to the Scope of Development is attached to this Second Amendment as Exhibit A. 2. Owner's Expenditure of Funds Upon 9wraer's Pxhobat.4. to the Y DireGt9F Owner's obligations under the Agency Note shall be deemed fully performed and discharged in their entirety, and, within five (5) days after Agency furnishes the Certificate of Completion the Agency shall return the original Note to Owner and shall cause the Agency Deed of Trust to be reconveyed to Owner Upon Owner's request, Agency shall promptly execute all documents and perform all acts reasonably necessary or desirable to carry out or acknowledge the effectiveness of the foregoing provisions of this Section 2. 3. Subordination Agreement Agency hereby agrees to subordinate the Agency Loan to private financing to be obtained by Owner in the approximate amount of $13,500,000, which will serve as a construction loan and a refinancing of Owner's acquisition loan. Without need for further approval from the Agency, the Agency's Executive Director shall promptly execute on behalf of the Agency a subordination agreement in a form reasonably requested by Owner's lender 4 Completion Date. The completion date for the Project, including this Second Amendment, is extended to December 31, 2004 SecondAmtoCRLASn8 -26 -03 doc 5 Attorneys Fees Owner shall be responsible for the payment of attorney fees and costs in the event of any enforcement action necessitated by the Agency regarding any terms and conditions in this Second Amendment. 6 Agency May Terminate Entitlements If Owner materially fails to fulfill its obligations under this Second Amendment and fails to cure such failure within the cure period specified in the CRLA, Agency may terminate or modify any entitlements granted under the CRLA or this Second Amendment. 7 Integration The remaining terms of the CRLA are not affected by this Second Amendment and such terms shall remain in force and effect. This Second Amendment integrates all of the terms and conditions of the CRLA and those mentioned herein or incidental hereto. All waivers of the provisions of this Second Amendment must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of Agency and Owner 8. Prospective Application The terms and conditions of this Second Amendment shall apply prospectively only and not retroactively. 9 No Joint Venture It is not the intent of the parties to create a joint venture or partnership; nothing contained herein shall be deemed to create a joint venture or partnership between the parties to this Second Amendment. 10 Effective Date The Effective Date of this Second Amendment shall be the date when it shall have been signed by the Executive Director of the Lynwood Redevelopment Agency 3 SecondAmtoCRLAW-26 -03 Am IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the Effective Date. Dated: .2003 LYNWOOD REDEVELOPMENT AGENCY A Lorry Hempe, Executive Director Dated. , 2003 LTC DEVELOPMENT CORP., a California corporation APPROVED AS TO FORM: 0 Agency Counsel SecondAmtoCRLASn 8- 26 -01doc M EXHIBIT "A" PRE - APPROVED IMPROVEMENTS SecondAmtoCRLASn 8- 26- 03.doc 0 Recording Requested by LYNWOOD REDEVELOPMENT AGENCY When Recorded Return to and Mail Tax Statements to: Lynwood Redevelopment Agency 11330 Bullis Avenue Lynwood, California 90262 Attention: Executive Director 0 Space Above for FREE RECORDING REQUESTED (Government Code Section 6103) EXEMPT FROM TRANSFER TAX GOVERNMENTAL TRANSFER GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, the LYNWOOD REDEVELOPMENT AGENCY, a public body, corporate and politic, herein called "Grantor," acting under the Community Redevelopment Law (California Health and Safety Code §§ 33000, et sec l.) of the State of California, hereby grants to 3100 E. IMPERIAL HWY., LLC, a California limited liability company, herein called "Grantee," the real property described in the "Legal Description of Property' provided as Exhibit A, and shown on the "Property Map" provided as Exhibit B (the "Property "), both of which exhibits are attached hereto and incorporated herein by this reference. The Property is within Redevelopment Project Area "A" o f the C ity o f Lynwood ( the "Project Area ") in the County of Los Angeles, and is conveyed in accordance with and subject to the provisions of the Redevelopment Plan for the Project Area adopted by the City Council of the City of Lynwood on July 3, 1973 by Ordinance 945, subsequently amended December 27, 1973 by Ordinance No. 960 and on August 19, 1975 by Ordinance No. 990, and on June 1, 1976 by Ordinance No. 1000, and on December 7, 1976 by Ordinance No. 1010, and on December 16, 1980 by Ordinance No. 1 111, on July 19, 1988, by Ordinance No.88 -1308. Said Ordinances and the Redevelopment Plan as amended are incorporated herein by reference and made a part thereof as though set forth in full. The Redevelopment Plan as amended is hereinafter referred to as the "Redevelopment Plan." All of the terms, covenants and conditions of this Grant Deed shall be binding upon and shall inure to the benefit of the Grantee and the permitted successors and assigns of the Grantee. Wherever the term "Grantee" is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. 1 Grantee hereby covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property or any part thereof, that in t he c onstruction o f t he improvements on the Property pursuant to that certain Commercial Rehabilitation Loan Agreement between Grantor and Grantee, as amended, Grantee will not discriminate against any 1 ImpenalGrantDeed.doc 0 0 employee or applicant for employment because of sex, marital status, race, color, creed, religion, national origin, or ancestry 2. Grantee covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, there shall be no discrimination against or segregation of any person, or group of persons, on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall the Grantee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property 3 Grantee shall refrain from restricting the rental, sale, or lease of the Property on the basis of sex, marital status, race, color, creed, religion, ancestry or national origin o f any person. All such deeds, leases or contracts shall contain or be subject to the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee or any person claiming under or through him or herself, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." (b) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sect, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased nor shall the lessee himself or herself, of any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein leased." (c) In contracts: "There shall be no discrimination against or segregation of, any p erson, o r g roup o f p ersons o n a ccount o f r ace, c olor, c reed, religion, sex, 2 ImpenalGrantDeed doc 0 0 marital status, national origin or ancestry in the sale, lease, sublease, transfer, or use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." 4 This Grant Deed shall not merge any other agreement between Grantor and Grantee. 5 The covenants and restrictions contained in this Grant Deed shall not benefit nor be enforceable by any owner of any other real property within or outside the Project Area except the Grantor, the Grantee, the City of Lynwood (the "City ") and their respective assigns and successors in interest. 6. The covenants established herein shall, without regard to technical classification and designation, be binding on Grantee and any successor in interest to the Property or any part thereof for the benefit and in favor of the Grantor, its successors and assigns, and the City 7 Breach of any of the covenants, conditions, restrictions, or reservations contained in this Grant Deed shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to the Property, whether or not said mortgage or deed of trust is subordinated to this Grant Deed, but unless otherwise herein provided, the terms, conditions, covenants, restrictions and reservations of this Grant Deed shall be binding and effective against the holder and any owner of the Property, or any part thereof, whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. 8. The covenants against discrimination as set forth in paragraphs 1, 2, and 3 above shall remain in effect in perpetuity IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, this day of September, 2003 LYNWOOD REDEVELOPMENT AGENCY a public body, corporate and politic ( "Grantor') Date: IIn Executive Director 3 ImpenalGrantDeed.doc 0 9 ACKNOWLEDGMENT AND ACCEPTANCE Grantee hereby accepts and approves each of the conditions, covenants and restrictions set forth in this Grant Deed. 3100 E. IMPERIAL HWY., LLC, a California limited liability company ( "Grantee ") ImperialGrantDeed doc Date: 0 t', 0 0 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [To Be Added] Imperia]GrantDeed.doc 0 EXHIBIT B PROPERTY MAP [To Be Added] Impel alGrantDeed.doc C, State of California County of 11 On before me, I , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature (SEAL) ImpenalGrantDeed.doc 0 0 EXHIBIT "D" REPLICA FACADE DESCRIPTION Th,rdAmToARDDASN 5- 26 -03.dm i SrJ9 /S (, ' Bo a -SANBORN s--------------------- --.___ B.7,t3oc2 AVE,2 SPNBORN C VAC. } r AVE ape are>z r & / rrn.9of. B+ Sa so 775, - 4 /p2.65 - / /BJB z,,s ' 2 \ Pj4209G06-3 ✓a � * 5 0 O -� \ BJDB /10�900rOOr ti , y BBOCZB0300 /OZ6 15 6r v ACT NO 2551 ° � 449 448 X 447 446 0 445 45 ^ 444 ° 6 4 �, to ti ro e 4 — 4ssaO" 1 J 4— B }99 sp rs3 ea ga t 5° nv ! ` 1/ 9 ( n B ' i h° T 410 s / \bPo e 4 M1N 23 t 1 1 ` 3 '9 _ S!/ 1 /8 �Q [19 aN es Ito Sa L 45 1 y Q 12 pa in. v f� ao h °tee @ l 9D7 sr 4t'3 '}'/(.ULF, gB e - X2 a q1.F RD 3 453 0l 'a 12 S a° Y 42S 4 a �e 3azs 434 f F�RS'er •J D � 4 C� cx BBB � rT A.� r. / ° 34 � L_ Cie G y s.j 0 ° y ro All 900 series parcels l page are a,,eased tp Lynwood gedeva lo p-e p2ent sgen<y unlea, ot/,erv{se noted. DE � \ B 6075 60 >s t t c. G o " soai e a s ° 141�f 1 EAR 4REV ASSM'T. SEE: 455 -4 ASSESSOR'S AAP 33433 SUMMARY REPORT PURSUANT TO SECTION 33433 OF THE CALIFORNIA HEALTH AND SAFETY CODE FOR THE CONVEYANCE OF REAL PROPERTY TO 3100 E. IMPERIAL HIGHWAY, A CALIFORNIA LIMITED LIABILITY COMPANY. LYNWOOD, CALIFORNIA The Lynwood Redevelopment Agency (Agency) proposes to convey for redevelopment purposes certain real property in the Lynwood Redevelopment Project Area A (the "Site "), pursuant to the California Community Redevelopment Law The property is owned by the Lynwood Redevelopment Agency ( the "Agency ") and is proposed to be conveyed to the Developer and is commonly referred to as 6171 -006- 902,907, and 909 (the "Property "). The Property is proposed to be transferred to 3100 E. Imperial Highway, LLC (the "Developer") and will be used as parking by the Developer in connection with the development of.proposed project. The proposed Agreement calls for the Agency to dispose of the Site, subject to certain terms contained in the proposed Third Amendment to the Amended and Restated Disposition and Development Agreement. The Agency's costs to implement the proposed Agreement include the cost of staff time and value of the parcels. The Agency is being asked to convey the property to the Developer in -lieu of payment. The estimated cost of the Site to the Agency is: Real Property Value $113,000 Difference of Value City Yard $ 74,883 Staff and Attorney time $1,200 TOTAL $189,083 0 0 RESOLUTION NO. A RESOLUTION OF CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED THIRD AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND 3100 E. IMPERIAL HIGHWAY, LLC AND THE SECOND AMENDMENT TO THE COMMERCIAL REHABILITATION LOAN AGREEMENT BETWEEN THE AGENCY AND LTC DEVELOPMENT WHEREAS, the Redevelopment Plan for Lynwood Project Area "A" ('Redevelopment Plan "), was duly approved and adopted on July 3, 1973 by Ordinance No. 945 and subsequently amended on December 27, 1973 by Ordinance No. 960, on August 19, 1975 by Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111, July 19, 1988 by Ordinance No. 88 -1308, and on March 20, 2001 by Ordinance No. 1504, and WHEREAS, the Lynwood Redevelopment Agency ( "Agency ") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Area "A" ('Redevelopment Project") in the City of Lynwood and in order to do so the Agency proposes to approve a Third Amendment to the Amended and Restated Disposition and Development Agreement ( "ARDDA ") and Second Amendment to the Commercial Rehabilitation Loan Agreement ( "CRLA "), collectively referred hereafter as the Amendments, which provides for conveyance of Agency property for the continued development of a retail center; and WHEREAS, the Agency desires to consider the disposition of the Agency property in connection with the development of the Site by the Developer; and WHEREAS, the proposed Amendments contain all the provisions, terms, conditions and obligations required by state and local law; and WHEREAS, the Developer possesses the qualifications and parcels necessary to insure development of the Site proposed in accordance with the purposes and objectives of the Redevelopment Plan, and WHEREAS, the Agency and City Council of the City of Lynwood have held a duly noticed joint public hearing on the proposed Amendments and related agreements; WHEREAS, the Agency and the City Council have duly considered the proposed Amendments and believe that development pursuant thereto is in the best interest of the H: WORD /REDEV ELP/ LMORALES /PlazaMex3rdAmndDDACCRESO r ! City of Lynwood and in furtherance of the goals and objectives of the Lynwood Redevelopment Agency to reduce blight in the Project Area; NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Lynwood and the Lynwood Redevelopment Agency as follows: Section 1 The Agency and City Council hereby find and determine that the development of the Site pursuant to the Amendments are in the best interest of the City of Lynwood and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law Section 2 . The Agency and City Council hereby find and determine that the development of the Site pursuant to the proposed Amendments are necessary to effectuate the purpose of the Redevelopment Plan for the Redevelopment Project. Section 3 The Agency and the City Council hereby find and determine that the development of the Site pursuant to the proposed Amendments will be consistent with the development permitted at that location by Lynwood's Zoning Ordinance. Section 4 The Agency has held a joint public hearing with the City Council and has received, heard and considered all oral and written objections to the proposed Amendments and to the actions connected therewith, and hereby overrules all such oral and written objections. Section 5 . The Executive Director of the Agency is hereby authorized to execute the Amendments. Section 6 The Executive Director of the Agency, or his designee, is hereby authorized, on behalf of the Agency and the City, to sign all documents necessary and appropriate to carry out and implement the Amendments, and to administer and implement the Agency's obligations, responsibilities and duties to be performed under the Amendments. APPROVED AND ADOPTED this 2 " day of September, 2002. FERNANDO PREDROZA, MAYOR ATTEST H: W ORD/ REDEVELP/ LMORALES /PlazaMex3rdAmndDDACCRESO 6 0 Andrea L. Hooper, City Clerk APPROVED•AS TO FORM: James Casso City Attorney Lorry Hempe, City Manager APPROVED AS TO CONTENT Louis Morales, Director Redevelopment Department H: W ORD /REDEVELP /LMORALES /Plaza Mex3rdAmndDDACCRESO RESOLUTION NO. Is A RESOLUTION OF LYNWOOD REDEVELOPMENT AGENCY APPROVING THE PROPOSED THIRD AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND 3100 E. IMPERIAL HIGHWAY, LLC AND THE SECOND AMENDMENT TO THE COMMERCIAL REHABILITATION LOAN AGREEMENT BETWEEN THE AGENCY AND LTC DEVELOPMENT WHEREAS, the Redevelopment Plan for Lynwood Project Area "A" ('Redevelopment Plan "), was duly approved and adopted on July 3, 1973 by Ordinance No. 945 and subsequently amended on December 27, 1973 by Ordinance No 960, on August 19, 1975 by Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111, July 19, 1988 by Ordinance No. 88 -1308, and on March 20, 2001 by Ordinance No. 1504, and WHEREAS, the Lynwood Redevelopment Agency ( "Agency ") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Area "A" ('Redevelopment Project") in the City of Lynwood and in order to do so the Agency proposes to approve a Third Amendment to the Amended and Restated Disposition and Development Agreement ( "ARDDA ") and Second Amendment to the Commercial Rehabilitation Loan Agreement ( "CRLA "), collectively referred hereafter as the Amendments, which provides for conveyance of Agency property for the continued development of a retail center; and WHEREAS, the Agency desires to consider the disposition of the Agency property in connection with the development of the Site by the Developer; and WHEREAS, the proposed Amendments contain all the provisions, terms, conditions and obligations required by state and local law; and WHEREAS, the Developer possesses the qualifications and parcels necessary to insure development of the Site proposed in accordance with the purposes and objectives of the Redevelopment Plan; and WHEREAS, the Agency and City Council of the City of Lynwood have held a duly noticed joint public hearing on the proposed Amendments and related agreements; WHEREAS, the Agency and the City Council have duly considered the proposed Amendments and believe that development pursuant thereto is in the best interest of the H: W ORD /REDEVELP /LMORALES /Plaza Mex3rdAmndDDALRARESO City of Lynwood and in furtherance of the goals and objectives of the Lynwood Redevelopment Agency to reduce blight in the Project Area; NOW, THEREFORE, IT IS RESOLVED by the Lynwood Redevelopment Agency and City Council of the City of Lynwood as follows: Section 1 The Agency and City Council hereby find and determine that the development of the Site pursuant to the Amendments are in the best interest of the City of Lynwood and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law Section 2 . The Agency and City Council hereby find and determine that the development of the Site pursuant to the proposed Amendments are necessary to effectuate the purpose of the Redevelopment Plan for the Redevelopment Project. Section 3 . The Agency and the City Council hereby find and determine that the development of the Site pursuant to the proposed Amendments will be consistent with the development permitted at that location by Lynwood's Zoning Ordinance. Section 4 The Agency has held a joint public hearing with the City Council and has received, heard and considered all oral and written objections to the proposed Amendments and to the actions connected therewith, and hereby overrules all such oral and written objections. Section 5 . The Executive Director of the Agency is hereby authorized to execute the Amendments. Section 6 . The Executive Director of the Agency, or his designee, is hereby authorized, on behalf of the Agency and the City, to sign all documents necessary and appropriate to carry out and implement the Amendments, and to administer and implement the Agency's obligations, responsibilities and duties to be performed under the Amendments. APPROVED AND ADOPTED this 2 nd day of September, 2002. FERNANDO PREDROZA, CHAIRMAN ATTEST H: W ORD /REDEVELP /LMORALES /Plaza Mex3rdAmndDDALRARESO 0 Andrea L. Hooper, Secretary APPROVED AS TO FORM: James Casso Agency Counsel Lorry Hempe, Executive Director APPROVED AS TO CONTENT Louis Morales, Deputy Executive Director H: W ORD/ REDEVELP / LMORALES /PlazaMex3rdAmndDDALRARESO • s DATE. SEPTEMBER 2, 2003 TO HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lorry Hempe, Executive Director 10 By' Louis Morales, Deputy Executive Director SUBJECT JOINT PUBLIC HEARING FOR CONSIDERATION FOR CONSIDERATION OF A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT ( "DDA "). Purpose To have the Lynwood Redevelopment Agency (the "Agency ") the Lynwood City Council (the "City') conduct a joint public hearing to consider a DDA between the Agency and Hermilio Franco for the development of up to Thirty (30) Single - Family homes on Agency -owned property located along Fernwood Avenue between Atlantic Avenue and Bullis Road. Facts 1 The Agency currently owns the property (the "Property"), which is the subject of the proposed project and DDA. The Agency recently purchased the Property from CalTrans in the amount of $3,000 2. The Property is able to accommodate up to 35 homes. 3. The Agency approved the development concept that included the development of Thirty (30) homes. The Agency also approved the incorporation of five open space areas of up to 5,000 sq. ft. each at the respective corners of the project. The Agency also approved that Five (5) of the Homes be set aside to be developed by Access Community Housing. 3. The Developer agreed to the conditions set by the Agency and the project will be subject to, where applicable, Section 25 -14 7 Trip Reduction and Travel Demand provisions. ITEM t� 0 Recommendation 0 Staff respectfully requests that after consideration that the Agency and City close the Public Hearing and adopt the resolutions approving the Disposition and Development Agreement between the Agency and Hermilio Franco 0 0 DATE. SEPTEMBER 2, 2003 TO HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lorry Hempe, Executive Director By Louis Morales, Deputy Executive Director SUBJECT JOINT PUBLIC HEARING FOR CONSIDERATION FOR CONSDERATION OF A PROPOSED D_ ISPOS(TION AND DEVELOPMENT AGREEMENT ( "DDA "). Purpose To have the Lynwood Redevelopment Agency (the "Agency ") the .Lynwood City Council (the "City ") conduct a joint public hearing to consider a DDA between the Agency and Ray Patel for the development of up to Eight (8) Single - Family homes o n C ity -owned p roperty I ocated o n t he n orth s ide o f R edwood Avenue east of State Street. Facts 1 The City currently owns the property (the "Property"), which is the subject of the proposed project and DDA. The City has owned the Property for over fifteen years. 2. The Property is able to accommodate up to 8 homes. ' 3. The Agency met in closed session and directed staff to established terms for DDA for the development of eight (8) homes. The Agency also approved the use of homes funds to make two of the homes affordable at 80% of County median income. 3. The Developer agreed to the conditions set by the Agency and the project will be subject to, where applicable, to Section 25 -14 Trip reduction and Travel Demands ITEM .15 • DDA Summarv • The purpose of the DDA is to effectuate the Redevelopment Plan for the Redevelopment Project Area "A" and to dispose of City Property through the Agency The Developer proposes to construct Eight (8) Single - Family Homes that will be comprised of three and four bedroom units. Two of the homes will affordable units. The Homes will be for sale units and will have a price range of $265,000 - $280,000 with the exception of the affordable units, which will sell at $205,000 The City has owned the Property for over Fifteen years and has been exempt since the City has own the Property The Property could accommodate the proposed units The DDA contemplates that the Developer will be responsible for all costs associated with the project. The DDA contemplates the all City permits will be differed until such time that the homes are complete and sold The DDA contemplates the use of HOME funds in the amount of $280,000 that will be used to make two of the home affordable. The Developer will pay 100% of the fees that are due to the City The City and Agency will not incur any costs as a result of the project with the exception of the use of HOME Funds. The Developer will pay the City $280,000 for the Property which is proposed to differed until such time that the Homes are sold. Recommendation Staff respectfully requests that after consideration that the Agency and City close the Public Hearing and adopt the resolutions approving the Disposition and Development Agreement between the Agency and Ray Patel. DATE: September 2, 2003 TO: The Honorable Mayor and City Council Members FROM: Lorry Hempe, City Manager BY: Alfretta Earnest, Assistant City anager Steve Stewart, Administrative Analyst II SUBJECT: STANDARD EMERGENCY MANAGEMENT SYSTEM (SEMS) MULTI - HAZARD FUNCTIONAL PLAN (EMERGENCY OPERATIONAL PLAN) PURPOSE To request that the City Council adopt the attached resolution authorizing the proposed establishment and implementation of the City's Standard Emergency Management System (SEMS) multi- hazard functional plan (Emergency Operational Plan). The SEMS Multi- Hazard Functional Plan has been adopted by the State of California pursuant to Title 19 of the California Code of Regulations, and Government Code Section 8607(a). The plan is currently being utilized by California agencies as the standard Emergency Operational Plan. The plan establishes and ensures the most effective and economical allocation of resources for the maximum benefit and protection of the civilian population in time of emergency. ANALYSIS The plan establishes the emergency organization, assigns tasks, specifies policies and procedures and provides for the coordination of planning efforts of various emergency staff and service elements utilizing the Standard Emergency Management System (SEMS). The plan is an extension of the California Emergency Plan. The plan will be reviewed and exercised periodically and revised as necessary to meet changing conditions. RECOMMENDATION Staff respectfully recommends that the City Council adopt the attached resolution entitled, "A Resolution of the City Council of the City Lynwood Adopting the City's Standard Emergency Management System (SEMS) Multi- Hazard Functional Plan." AGENDA ITEM tY 0 0 RESOLUTION NO.. 2 003.168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE CITY'S STANDARD EMERGENCY MANAGEMENT SYSTEM (SEMS) MULTI - HAZARD FUNCTIONAL PLAN WHEREAS, under California law, the preservation of life and property is an inherent responsibility of local, state and federal government; and WHEREAS, the SEMS concept is currently being utilized by California agencies as a standard emergency operational plan; and WHEREAS, city staff has prepared the City's Emergency Operational Plan in compliance with SEMS to ensure the most effective and economical allocation of resources for the maximum benefit and protection of the civilian population in time of emergency; and WHEREAS, the plan establishes the emergency organization, identifies persons within authority, assigns tasks, specifies policies and procedures and provides for the coordination of planning efforts of the various emergency staff and service elements; and WHEREAS, the plan provides the documentation necessary for monetary reimbursement in the event of a disaster affecting the City of Lynwood; and WHEREAS, The SEMS multi - hazard functional plan has been adopted by the State of California pursuant to Title 19 of the California Code of Regulations, and Government Code Section 8607(a). NOW, THEREFORE, be it resolved that the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows. Section 1. Authorize, adopt and establish the City's Standard Emergency Management System (SEMS) multi- hazard functional plan as the City's Emergency Operational Plan. Section 2. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this day of . 2003 ATTEST: ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: FERNANDO PEDROZA, MAYOR APPROVED AS TO CONTENT CITY ATTORNEY LORRY HEMPE, CITY MANAGER 0 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 Lynwood at a regular meeting held on the day of ,2003. And passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City hereby certify that the above and foregoing is a full, true and correct copy of resolution no- on file in my office and that said resolution was adopted on the date and by the votes there in stated. Dated this day of ,2003. City Clerk, City of Lynwood 0 0 DATE: September 2, 2003 TO: The Honorable Mayor and Members of the City Council FROM: Lorry Hempe, City Manager BY: Alfretta F Earnest, Assistan ity Manager Linda Huff, Accounting Technician SUBJECT: LYNWOOD PARK WATER EXEMPTIONS PURPOSE: The purpose of this item is to have City Council review the comparative water rates between Park Water and Lynwood Water customers and provide direction to staff relative to the following: Extending the utility users tax exemptions to Lynwood Park Water customers for a twelve month period ending September 30, 2004. 2. Discontinue the utility users' tax exemptions for Lynwood Park Water customers, effective October 1, 2003. BACKGROUND: In October 1995, as a means to provide financial relief to Park Water customers, the City Council initially approved an exemption of the Utility Users Tax. Per resolution #95 -175 (established temporary exemption for Park Water Customers), staff is to determine the fiscal impact of this exemption on the General Fund and provide Council with advantages and disadvantages with extending the exemption period: 1) The advantage of continuing the exemption would be that it will continue to provide financial relief and some equity to Lynwood Park Water customers. 2) The disadvantage to the City in continuing the Park Water Exemption would be the lost in General Fund Revenue if extended from October 1, 2003 through September 30, 2004. The revenue lost is estimated at $81,623.04 The City of Lynwood Water Customers current rate is $1.69 /unit (per 750 gallons), while Park Water Customers' are charged $2.166/ unit (effective January 1, 2003). In addition, the PUC has allowed charges for late fees (effective March 18, 1996) of 1 1 /2% with a $1.00 minimum for all payments not received within 19 days of the statement date. The attached Resolution extends the exemption for the period October 1, 2003 to September 30, 2004 AGENDA ITEM I 0 0 RECOMMENDATION: Staff respectfully recommends that the City Council approve resolution extending the exemption period for Park Water customer to September 30, 2004 0 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD EXTENDING A TEMPORARY EXEMPTION FOR PARK WATER CUSTOMERS FROM THE WATER USERS TAX IMPOSED UNDER SUBSECTION 6 -5.9 OF SECTION 6 -5 OF THE LYNWOOD MUNICIPAL CODE RECITALS: A. Subsection 6 -5.9 of Section 6 -5 of the Lynwood Municipal Code authorizes the imposition of a tax, not to exceed ten percent (10 %), upon charges made for water that is delivered through mains or pipes. B. Subsection 6- 5.4(b) of section 6 -5 of the Lynwood Municipal Code authorizes the City Council, by order or resolution, to established one or more classes of persons, or one or more classes of utility service, that are exempt, in whole or in part, from payment of the tax imposed by section 6 -5. C. The City Council has founded and determined that customers of water service provided by Park Water Company in Lynwood pay significantly higher water rates than do the customers of water service provided by the Lynwood Water Department. The City of Lynwood has no regulatory authority with regard to the rates charged by Park Water Company to its customers because those rates are regulated by the California Public Utilities Commission. D. Resolution #2002.129 was adopted to extend the program for temporary exemption for utility users' tax for Lynwood Park Water customers through September 30, 2003. E. In adopting this Resolution, the City Council desires to alleviate economic hardship and to provide financial relief to those property owners in the city who are customers of Park Water Company by extending the temporary exemption for payment of the users' tax that otherwise be applicable to charges for water purchased for Park Water Company NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS: Section 1. Customers purchasing water from the Park Water Company in the City are, as a class, exempted from further payment of the utility users' tax that is authorized to be imposed by Subsection 6 -5.9 of Section 6 -5 of the Lynwood Municipal Code. • • Section 2. The Tax Administrator (Director of Finance & Administration) is directed to notify Park Water Company that this exemption has been established by the City Council and to provide such additional information as may be required to enable Park Water Company to remove all exempt customers from its utility users' tax billing procedures. Section 3. The exemption provided for in Section 1 will remain in full force and effect for the period beginning October 1, 2003 until September 30, 2004 The City Manager is directed to monitor all applications for water rate increases filed by Park Water Company with California Public Utilities Commission and to inform the City Council of those proposed increases in order that the City Council may determine in a timely manner whether to oppose them. Section 4. The City Clerk is directed to certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of September 2003. Fernando Pedroza, Mayor ATTEST: Andrea Hooper, City Clerk APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: Lorry Hempe City Manager • PARK WATER CUSTOMER LISTING LAST NAME ADDRESS ABREVAYA 12323 EDGEBROOK AVE. ACOSTA 4155 AGNESST ACOSTA 4163 AGNESST ACOSTA 5400 FERTILE ST ACOSTA 5442 OLANDA ST ADAMS 4314 JOSEPHINE ST AGUAYO 4307 AGNES ST ' AGUAYO 5148 CLARK ST AGUAYO 12314 THORSON AVE. AGUILAR 12352 HALO DR. AGUILAR 12440 HARRIS AVE. AGUILAR 5262 LAVINIA AVE AGUILAR 4615 MC MILLAN ST AGUILAR 4629 MC MILLAN ST AGUILAR 5413 OLANDA ST AGUILAR 5437 RAYBORN ST AGUILAR 5526 RAYBORN ST AGULIAR 12336 EDGEBROOK AVE. ALAMEDA 5238 LAVINIAAVE. ALANIS 11812 HARRIS AVE. ALARCON 4223 AGNESST ALCALA 11806 SECOND AVE. ALEEM 12658 BELINDACOURT ALEXANDER 5436 PELLEUR ST ALEXANDER 12662 BELINDACOURT ALLEN 5526 OLANDA ST ALLENSMITH 12446 STONEACRE AVE. ALONSO E 5210 CLARK ST ALVARADO 4338 LAVINIAAVE. ALVARENGA 5421 FERTILE ST ALVAREZ 4304 AGNESST ALVAREZ 12121 VIRGINIA AVE. ALVAREZ D 5114 CLARK ST ALVAREZ M 4537 CARLIN AVE ALVAREZ S 5316 CLARK ST AMAYA 12016 HARRIS AVE. AMEZOUITA 12702 HARRIS AVE AMEZOUITA 12708 HARRIS AVE. ANA A GALVEZ 4215 AGNESST ANABELMARTINEZ 5170 ALVADA ANAYA 12506 WALDORF DR ANAYA 12601 WALDORF DR ANDALON 5213 NILAND ST ANDONAEOUI 5417 RAYBORN ST ANDRADE 5160 LAVINIAAVE. ANDREWS 4540 CARLIN AVE. ANGUTANO 4737 CARLIN AVE. ANGULO 5432 OLANDA ST ANTICK 5173 CLARK ST ARAUJO 12032 HARRIS AVE. ARCINIEGA 12637 WALDORF DR ARENAS 4536 CARLIN AVE. AREVALO 5164 LAVINIAAVE. ARGOTT 11813 SECOND AVE ARGUETA 5170 LAVINIAAVE. ARIAS 12315 MILLRACE AVE. ARIAS 5166 NILAND ST ARIAS 5526 PELLEUR ST ARIAS 5537 PELLEUR ST ARIAS R 5416 CLARK ST ARREOLA 4278 AGNESST ARROYO 4218 LAVINIAAVE. ARTEAGA 5445 FERTILE ST ARZATESILJAN 12718 COOKACREAVE. PAGE 1 OF 19 • PARK WATER CAR LISTING LAST NAME ADDRESS ASPERA 5406 PELLEUR ST AUMOEVALOGO 5212 LAVINIA AVE AUSTIN 12646 ANTIGIUA COURT AVALOS 12612 ATLANTIC AVE. AVILA 4234 LAVINIAAVE. AYALA 4715 OLANDA ST AYALA M 5259 CLARK ST AYON 4712 OLANDAST BACA 4523 OLANDA ST BAILON 4601 PELLEUR ST BALAM 12023 FIRSTAVE. BALL 12617 WALDORF DR. BANE 12687 HANSACOURT BANE 12630 WRIGHT RD. BARAJAS 5158 ALVADA BARAJAS 12332 HALO DR. BARAJAS 5536 RAYBORN ST BARBA 5407 RAYBORN ST BARFIELD 12650 BELINDA COURT BARNETT 4170 AGNES ST BARRAZA 11812 HARRIS AVE. BARRERA 4544 CARDWELL ST BARRERA 12017 SECOND AVE BARRIENTIOS 4156 AGNES ST BARRIENTOS 5533 OLANDA ST BARRIOS 12675 HANSA COURT BATTLE 4304 CARLIN AVE. BATTLE 4308 CARLIN AVE. BEAS 5416 RAYBORN ST BEAUFORD 5240 NILAND ST BEDOY 5267 CLARK ST BEIMER 5252 LAVINIAAVE. BELTON 12646 BELINDA COURT BELTRAN 5263 NILAND ST BELTRAN 12733 WALDORF DR. BENITEZ 4244 AGNES ST BENITEZ 4549 MC MILLAN ST BENITEZ 5250 NILAND ST BENSON 12126 THORSON AVE. BERMUDEZ 5219 ALVADA BERMUDEZ 11810 THORSON AVE BERNAL 4804 OLANDA ST BERNUDEZ 5500 RAYBORN ST BHAGAT 12108 ATLANTIC AVE. BHAGAT 12112 ATLANTIC AVE. BHAGAT 12124 ATLANTIC AVE. BISHOP 5218 NILAND ST BISHOP 5222 NILAND ST BLUE 5202 LAVINIAAVE. BOLLES 12111 ATLANTIC AVE. BONILLA 12641 HARRIS AVE. BONILLA 5450 MC MILLAN ST BONILLA 12641 HARRIS AVE. BORBORA 5516 RAYBORN ST BORJA 4562 CARLIN AVE. BRACAMONTES 5148 LAVINIA AVE. BRADLEY 12130 ATLANTIC AVE. BRADLEY 5219 CLARK ST BRADLEY 12241 VIRGINIAAVE. BRAVO 4828 OLANDA ST BRODERICK 12305 HALO DR. BROOKS 12510 MANETTE PL. BROOKS 4602 RAYBORN ST BROWN 12682 ANTIGUA COURT PAGE 2 OF 19 • PARK WATER CUSTRMER LISTING LAST NAME ADDRESS BROWN 4508 CARDWELL ST BROWN 4160 CARLIN AVE. BROWN 5513 OLANDA ST BROWN 12420 STONEACRE AVE, BRUMFIELD 12698 ANTIGUA COURT BRUNECK 5420 FERTILE ST BUCARO 5422 OLANDA ST BULLINGTON 5516 OLANDA ST BURGESS 12522 MANE17E PL. BURGOS 4633 MC MILLAN ST BURNETTE 12414 STONEACREAVE. BURNLEY 4536 ARLINGTON AVE BURNS 4539 BLOUNT PL BURRELL 4214 LAVINIA AVE. BUTLER M 12630 HARRIS AVE. BUTTS 5444 FERTILE ST CABATINGAN 12645 BELINDA COURT CABRERA 4620 CARDWELL ST CABRERA 12224 DUNCAN AVE. CABRERA 5218 LAVINIAAVE. CABRERA 12341 MILLRACE AVE. CAJERO 5407 OLANDA ST CAJERO 5412 OLANDA ST CALACIN 4248 AGNES ST CALDERON 5437 MC MILLAN ST CALSADILLAS 5171 ALVADA CAMACHO 4304 Y2 AGNES ST CAMPOS 5436 CLARK ST CAMPOS 5250 LAVINIAAVE. CAMPOS 5400 OLANDA ST CAMPOS 5427 RAYBORN ST CANALES 12025 SECOND AVE. CANNON 4338 AGNESST CANO H 12300 EDGEBROOK AVE. CARBAJAL 5208 NILAND ST CARDENAS 12627 COOKACRE AVE, CARDENAS 12543 MANETTE PL. CARDONA 5201 CLARK ST CARINO 4315 AGNES ST CARINO 5512 RAYBORN ST CARLTON 12334 MILLRACE AVE CARPERTON 12645 ANTIGUA COURT CARRANZA 12724 STONEACRE AVE. CARRERA 4530 CARLIN AVE CARRERA 12747 HARRISAVE, CARRERA 5537 RAYBORN ST CARRERA 12732 HARRISAVE, CARRERA 12747 HARRIS AVE. CARRILLO 4523 CARDWELL ST CARRILLO 4317 CARLIN AVE. CARRILLO 12017 HARRIS AVE. CARTAGENA 12709 HARRIS AVE. CARTER 12691 HANSA COURT CARTER 12013 HARRIS AVE CARTER 12013 HARRIS AVE. CARVAJAL 12716 STONEACRE AVE CASAREZ 12720 HARRIS AVE. CASAREZ 12720 HARRIS AVE. CASAS 12413 COOKACRE AVE. CASILLLAS 12540 ATLANTICAVE. CASTANEDA 4241 AGNES ST CASTANEDA 12031 SECOND AVE. CASTANEDA 12415 WALDORF DR. CASTANEDAM 4228 CARLIN AVE. PAGE 3 OF 19 • PARK WATER CURNER LISTING LAST NAME ADDRESS CASTANON 5527 RAYBORN ST CASTELLANO 12620 STONEACREAVE, CASTELO 4258 LAVINIA AVE. CASTILLO 12431 WALDORF DR. CASTRO 5406 OLANDA ST CAWICH 5533 RAYBORN ST CAZARES 4240 AGNES ST CEJA 5224 LAVINIA AVE CEJA 12706 WALDORF DR. CELTS 12726 WALDORF DR. CENTENO 4517 ARLINGTON AVE. CERMENO 5413 PELLEUR ST CERROS 5512 OLANDA ST CERVANTES 11824 HARRISAVE. CERVANTES 4266 JOSEPHINE ST CERVANTES 4278 JOSEPHINE ST CERVANTES 5244 LAVINIAAVE. CERVANTES 5258 LAVINIAAVE. CHACON 11821 FOURTH AVE. CHAVEZ 4526 ARLINGTON AVE. CHAVEZ 12009 ATLANTIC AVE. CHAVEZ 4636 CARDWELL ST CHAVEZ 11824 FIRSTAVE. CHAVEZ 12341 HALO DR CHAVEZ 12036 HARRIS AVE. CHAVEZ 12516 MANETTE PL. CHAVEZ 5501 OLANDA ST CHAVEZ 12036 HARRIS AVE. CHE B 5213 CLARK ST CHEATHAM 12503 HARRIS AVE. CHINA 4546 CARLIN AVE. CISNEROS 5432 CLARK ST CISNEROS 12627 WALDORF DR. CLARK 4606 OLANDA ST CLARK 4848 OLANDA ST CLEMONS 4618 ARLINGTON AVE. COCHRAN 12348 EDGEBROOK AVE COLBERT 11824 FOURTH AVE. COLE HATTIE 4293 CARLIN AVE. COLEMAN 12655 BELINDA COURT COLLINS FOODS 11807 ATLANTIC AVE. COLMAN 12686 ANTIGUA COURT CONDOL 12601 HARRIS AVE. CONDOL 12601 HARRISAVE, CONNOR S 4527 CARDWELL ST CONSOLATION 4305 CARLIN AVE. CONTEREAS 12348 HALO DR. CONTRERAS 4316 AGNES ST CONTRERAS 5151 ALVADA CONIRERAS 4624 CARLIN AVE. CONTRERAS 4619 MC MILLAN ST COOPER 4297 CARLIN AVE. CORLETO 5433 FERTILE ST CORNEJO 12420 HARRISAVE. CORRALES 4715 CARLIN AVE. CORTES 12314 EDGEBROOK AVE CORTES 5173 NILAND ST CORTEZ 4139 OLANDA ST COTA 5517 PELLEUR ST COTO 5144 LAVINIAAVE. COTTRELL 12675 ANTIGUA COURT COVARRUBIAS 4264 AGNES ST CRARY 12683 ANTIGUA COURT CRAVER 12204 THORSON AVE. PAGE 4 OF 19 • PARK WATER CUSIMER LISTING LAST NAME ADDRESS CRUEL 5142 NILAND ST CRUZ 4280 AGNESST CRUZ 4211 MC MILLAN ST CRUZ 12036 THIRD AVE CRUZA 12425 COOKACRE AVE. CRUZ M DE LA 12436 COOKACRE AVE #1 CUELLAR 5269 NILAND ST CUELLAR 12433 WALDORF DR. CUEVAS 5237 CLARK ST CULLENS 12127 VIRGINIAAVE CURIEL 12436 STONEACRE AVE. CURTIS 12439 WALDORF DR CUTHBERT 4154 JOSEPHINE ST D MP 12658 ANTIGUA COURT DALE C COTTON 12655 ANTIGUA COURT DANIELS 4712 ARLINGTON AVE. DANIELS 4526 BLOUNT PL, DARAJORN 4152 CARLIN AVE. DARRIEL 4242 LAVINIAAVE. DAVIDSON 4537 CARDWELL ST DAVIS 12709 GIBSON AVE. DDS 12134 ATLANTIC AVE. DE LA TORRES 5312 CLARK ST DE LEON 5147 CLARK ST DEBOSE- JOHNSON 12682 HANSA COURT DEL CARMEN 5423 PELLEUR ST DELFINAARGUELLO 4269 AGNESST DELGADILLO JR 4543 CARDWELL ST DEMSHAK 11818 HARRIS AVE. DENSON 12640 ANTIGUA COURT DEVILLE 4519 CARDWELL ST DIAZ 12324 MILLRACE AVE. DIAZ 5523 OLANDA ST DIAZ R 12422 HARRIS AVE. DIAZ R 5436 OLANDA ST DIEBEL 5432 FERTILE ST DIXON 4733 OLANDA ST DOMINGUEZ 12323 MILLRACEAVE DOMINGUEZ 12423 WALDORF DR DOMROSE 5512 CLARK ST DONATE 4134 OLANDA ST DORA ELISA MACIAS 5155 ALVADA DORADO C 5300 CLARK ST DOSS 5427 OLANDA ST DOTSON 5229 ALVADA DOZAL JR 12349 MILLRACE AVE. DOZIER 12690 HANSACOURT DRONE 12407 COOKACRE AVE. DUARTE T 4291 CARLIN AVE. DUDLEY -WOODS 5507 RAYBORN ST DURAZO 4276 AGNESST EASTLAND 12631 WALDORF DR, EATON 12422 WALDORF DR. ELIZONDO 12229 VIRGINIAAVE. ELLINGTON 12659 BELINDA COURT EMERALD VILLAGE 12703 ATLANTIC AVE. EMERITAMEZA 4171 AGNESST EOUIHUAJL 4629 CARDWELL ST ERAZO 4266 AGNESST ESCAJEDA 4313 AGNESST ESCALANTE 12716 WALDORF DR. ESCALERA 5501 MC MILLAN ST ESCARZAGA 4162 LAVINIA AVE. ESCOBEDO 4308 AGNESST PAGE 5 OF 19 • PARK WATER CUS LISTING LAST NAME AD DRESS ESPALIN 12012 FOURTH AVE ESPARZA 5273 CLARK ST ESPINOZA 4617 ARLINGTON AVE. ESPINOZA 5516 PELLEUR ST ESPINOZA 5443 RAYBORN ST ESPINOZA 12430 HARRIS AVE. ESPINOZA 12732 WALDORF DR. ESPINOZA E 12430 HARRIS AVE. ESPUTE 4709 OLANDA ST ESTRADA 5228 ALVADA ESTRADA 12662 ANTIGUA COURT ESTRADA 4849 OLANDA ST ESTRADA 12531 HARRIS AVE. ESTRADA 12531 HARRIS AVE. F GARCIA 11807 FIRSTAVE. F.PONCE 12021 FIRSTAVE, FABELA 12030 THIRD AVE. FARFAN 12717 WALDORF DR FEHRENBACH 4628 OLANDA ST FELIX 5208 ALVADA FERNANDEZ 12654 BELINDA COURT FERNANDEZ 5322 CLARK ST FERNANDEZ 5426 PELLEUR ST FERNANDEZ 5442 RAYBORN ST FIGUEROA 5453 RAYBORN ST FLORES 4324 AGNES ST FLORES 11804 FOURTH AVE. FLORES 5453 PELLEUR ST FLORES 11823 THIRD AVE. FLORES 12511 WALDORF DR. FLOWERS 12537 MANETTE PL. FRANCO 4248 LAVINIAAVE. FUENTES 5145 ALVADA FUENTES 12340 MILLRACE AVE GAETA G 5400 CLARK ST GAINES 4555 MC MILLAN ST GALAVIZ 12426 STONEACRE AVE GALEANA 4241 Y2 AGNES ST GALLARDO 5451 FERTILE ST GALLEGOS 4523 ARLINGTON AVE. GALLEGOS 12506 MANETTE PL GALVAN 5165 ALVADA GAMBLE 4711 CARLIN AVE. GAMZELETOVA 12217 ATLANTIC AVE GAPELU 12501 WALDORF DR. GARCIA 4216 AGNES ST GARCIA 4254 AGNES ST GARCIA 4334 AGNES ST GARCIA 5215 ALVADA GARCIA 12216 ATLANTIC AVE. GARCIA 4519 BLOUNT PL. GARCIA 4157 CARLIN AVE. GARCIA 4602 CARLIN AVE. GARCIA 5438 FERTILE ST GARCIA 11802 FIRSTAVE. GARCIA 12033 FIRSTAVE. GARCIA 11823 FOURTH AVE. GARCIA 12335 MILLRACE AVE. GARCIA 4601 RAYBORN ST GARCIA 11814 SECOND AVE. GARCIA 11820 THIRD AVE. GARCIA 12024 THORSON AVE. GARCIA 12228 THORSON AVE. GARCIA 12634 WRIGHT RD. PAGE 6 OF 19 • PARK WATER CUSIMER LISTING LAST NAME ADDRESS GARCIA 5536 PELLEUR ST GARIBAY 12407 HARRIS AVE. GARIBAY 5417 PELLEUR ST GARICA 11823 FOURTH AVE. GARNER 11904 THORSON AVE GARRETT 5501 RAYBORN ST GARTH 12723 COOKACRE AVE. GARZON 5522 CLARK ST GAYTAN 4840 OLANDA ST GERARDO VASQUEZ 12511 ATLANTIC AVE. GIL 12025 THIRD AVE. GILMORE 5225 CLARK ST GILPEN 4612 ARLINGTON AVE GLORIAJ 5118 CLARK ST GOLOVICH 4173 AGNES ST GOMEZ 4613 ARLINGTON AVE. GOMEZ 5410 MC MILLAN ST GOMEZ 5446 MC MILLAN ST GOMEZ 5255 NILAND ST GOMEZ 12015 THIRD AVE. GOMEZ 12031 THIRD AVE. GOMEZ E 12421 COOKACRE AVE. GOMEZS 12417 HARRISAVE. GONZALAES 12404 ATLANTIC AVE. GONZALEZ 4265 AGNES ST GONZALEZ 4716 ARLINGTON AVE. GONZALEZ 12025 ATLANTIC AVE GONZALEZ 12504 EDGEBROOK AVE. GONZALEZ 11814 FIRSTAVE. GONZALEZ 12342 HALO DR. GONZALEZ 12518 HARRISAVE. GONZALEZ 12638 HARRIS AVE. GONZALEZ 5230 LAVINIAAVE. GONZALEZ 4233 MC MILLAN ST GONZALEZ 5426 MC MILLAN ST GONZALEZ 5203 NILAND ST GONZALEZ 12609 HARRIS AVE. GONZALEZ 12028 THORSON AVE. GONZALEZ I J 12436 COOKACRE AVE #E GONZALEZ M 12528 HARRIS AVE. GONZALEZ M 5417 OLANDA ST GOSPEL LIGHT 4619 CARLIN AVE. GRANDE 12024 HARRIS AVE. GREEN 4227 MC MILLAN ST GREEN 12638 STONEACRE AVE. GRIFFIN L 12436 COOKACRE AVE #2 GUARDADO 12623 WALDORF DR. GUATEMALA 12024 HARRIS AVE. GUERRA 12511 MANETTE PL. GUERRA 5407 PELLEUR ST GUERRERO 5164 ALVADA GUERRERO 5439 FERTILE ST GURNEY 12308 THORSON AVE. GUTIERREZ 12666 ANTIGUA COURT GUTIERREZ 12536 HARRIS AVE. GUTIERREZ 4328 LAVINIA AVE. GUTIERREZ 4131 MC MILLAN ST GUTIERREZ 4522 OLANDA ST GUTIERREZ 11812 THIRD AVE. GUTIERREZ 12016 THIRD AVE. GUTIERREZ 12536 HARRISAVE. GUZMAN 4603 ARLINGTON AVE. GUZMAN 5247 NILAND ST HTRUST 4322 JOSEPHINE ST PAGE 7 OF 19 • PARK WATER CUS•MER LISTING LAST NAME ADDRESS HALEY 12647 BELINDA COURT HALL 4529 BLOUNT PL HAMILTON 5152 NILAND ST HAMILTON 4540 OLANDA ST HAMMONDS 12644 BELINDA COURT HAMMONDS 12036 THORSON AVE HARRELL 4537 OLANDA ST HARRIS 4222 AGNES ST HARRIS 12641 BELINDA COURT HARRIS 12606 WALDORF DR HARRIS E 4629 CARLIN AVE. HARRISON 12525 WRIGHT RD HATHORN 5279 CLARK ST HAWKINS 4610 OLANDA ST HAWiHORNE 12620 WRIGHT RD. HAYDEN 11822 HARRIS AVE HAYDEN 11822 HARRIS AVE. HAYES 12411 ATLANTIC AVE HAYES 4549 CARLIN AVE. HAYES 4552 CARLIN AVE. HAYNES 4610 RAYBORN ST HEATH 12526 WALDORF DR. HEBERT 12028 HARRIS AVE. HELLEN'S LIQUOR 12512 ATLANTIC AVE. HENANDEZ 12027 FOURTH AVE. HENDERSON 12650 ANTIGUA COURT HENDERSON 4626 CARDWELLST HENDERSON 12674 HANSACOURT HERALDEZ 12624 STONEACRE AVE. HERBERT 12028 HARRIS AVE. HEREDIA 5258 NILAND ST HERNANDEZ 4312 AGNESST HERNANDEZ 4621 CARDWELLST HERNANDEZ 4216 CARLIN AVE. HERNANDEZ 12031 FIRSTAVE. HERNANDEZ 11818 FOURTH AVE HERNANDEZ 11819 FOURTH AVE. HERNANDEZ 12315 HALO DR. HERNANDEZ 11815 HARRIS AVE HERNANDEZ 12505 MANETTE PL, HERNANDEZ 5441 MC MILLAN ST HERNANDEZ 5445 MC MILLAN ST HERNANDEZ 5457 MC MILLAN ST HERNANDEZ 5501 PELLEUR ST HERNANDEZ 5401 RAYBORN ST HERNANDEZ 5517 RAYBORN ST HERNANDEZ 12024 SECOND AVE. HERNANDEZ 12021 THIRD AVE HERNANDEZ 11818 FOURTH AVE. HERNANDEZ 11819 FOURTH AVE. HERNANDEZ 12027 FOURTH AVE. HERNANDEZ 12616 WALDORF DR. HERNANDEZ H 4327 CARLIN AVE. HERRERA 5446 OLANDA ST HESTER 5130 CLARK ST NIBBLER 4539 ARLINGTON AVE HICKS F 12436 COOKACRE AVE k4 HIGGENS 12017 FIRSTAVE. HIGGENS 12302 THORSON AVE. HIGGINS 5264 NILAND ST HIGH & DRY INC 12225 ATLANTIC AVE. HILL 4615 CARDWELL ST HISAMOTO ROBERT 4295 CARLIN AVE. HOGGJR 5416 OLANDA ST PAGE 8 OF 19 • PARK WATER CUSTOMER LISTING LAST NAME ADDRESS HOWELL 12687 ANTIGIUACOURT HUGHES 4703 OLANDA ST HUGHES FAMILY 12628 ATLANTIC AVE. HUITZ 12607 WALDORF DR. HUNT 5437 OLANDA ST HWANG 12306 ATLANTICAVE IGLESIAS 12522 STONEACRE AVE IGNACIO MARISCAL 4214 AGNES ST ISAACS 12612 WALDORF DR. J.CRUZ 11819 FIRSTAVE. JACKSON 12690 ANTIGUA COURT JACKSON 4547 CARDWELLST JACKSON 12524 MANEFTE PL. JACKSON 12523 WALDORF DR. JACKSON E C 4526 CARLIN AVE. JAUREGUIE 4609 CARDWELLST JEHOVAHS WITNS 12121 ATLANTIC AVE. JELKS 5259 NILAND ST JIMENEZ 5268 NILAND ST JIMENEZ 11800 SECOND AVE. JIMENEZ 11802 SECOND AVE. JIMENEZ 12527 WALDORF DR. JINGLES 12695 ANTIGUA COURT JOHNSON 5144 ALVADA JOHNSON 5225 ALVADA JOHNSON 12679 ANTIGUA COURT JOHNSON 5136 CLARK ST JOHNSON 12354 EDGEBROOK AVE. JOHNSON 12328 MILLRACE AVE. JOHNSON 4604 PELLEUR ST JOHNSON 11823 SECOND AVE. JOHNSON 12626 WALDORF DR. JOHNSON 5138 NILAND ST JONES 12651 ANTIGUA COURT JONES 4731 CARLIN AVE. JONES 12678 HANSA COURT JONES 4244 LAVINIAAVE. JONES 12534 MANETTE PL. JONES 4537 MC MILLAN ST JONES 5507 PELLEUR ST JONES 12100 VIRGINIAAVE. JONES 12111 VIRGINIAAVE. JUAREZ 4160 AGNES ST JUAREZ 4603 OLANDA ST KANG 12338 HALO DR. KEE 5212 ALVADA KERR 4545 ARLINGTON AVE. KHALFANI 12667 ANTIGUA COURT KIBBY 5422 RAYBORN ST KIM 12301 ATLANTICAVE, KING 12600 WALDORF DR. KING G 12443 WALDORF DR. KINNEY PROP MGT 5437 PELLEUR ST KINSEY 12691 ANTIGUA COURT LGUZMAN 12020 FIRSTAVE. LABRADOR 12544 WRIGHT RD. LADAY 12654 ANTIGUA COURT LAKEY 5207 NILAND ST LAMPKINS 11819 HARRIS AVE. LANDEROS 12541 WALDORF DR. LANMYUEN 12114 THORSON AVE. LARA 12639 COOKACREAVE. LAUAGO 12507 WALDORF DR. LEAYCRAFT 5426 OLANDA ST PAGE 9 OF 19 0 PARK WATER CUSIRPER LISTING LAST NAME ADDRESS LEE 5426 CLARK ST LEE 12442 STONEACRE AVE LEMUS 12632 WALDORF DR. LEON 5427 PELLEUR ST LEON 12541 WRIGHT RD. LEON N 12705 COOKACRE AVE LERMA 5425 MC MILLAN ST LETCHER 4558 CARLIN AVE. LEVESTON E 12436 COOKACRE AVE #3 LINARES 12023 HARRIS AVE LINDO 12692 HANSA COURT LOIS 4721 CARLIN AVE. LOMELI 12623 COOKACRE AVE. LONGING 4610 PELLEUR ST LONGORIA J 12622 HARRIS AVE. LOPEZ 4151 AGNESST LOPEZ 4219 AGNESST LOPEZ 4622 ARLINGTON AVE LOPEZ 4253 CARLIN AVE. LOPEZ 5161 CLARK ST LOPEZ 5214 CLARK ST LOPEZ 5426 FERTILE ST LOPEZ 4339 MC MILLAN ST LOPEZ 12304 MILLRACE AVE LOPEZ 5151 NILAND ST LOPEZ 5416 PELLEUR ST LOPEZ 5542 PELLEUR ST LOPEZ 12016 SECOND AVE. LOPEZ 12722 WALDORF DR LOREA 12030 FIRSTAVE, LOUSTAUNAU 5275 NILAND ST LOZANO 12031 ATLANTIC AVE. LOZANO J M 4309 CARLIN AVE. LUGO 11813 FIRSTAVE. LUGO R A 5285 CLARK ST LUNA 4544 BLOUNT PL. LUNA 4523 CARLIN AVE. LUNA 12355 EDGEBROOK AVE. LUNA 11820 SECOND AVE. LUPRECIO 4714 CARLIN AVE. LYNWOODMETHOST 4207 CARLINAVE. M & M APARTMENT 4314 LAVINIA AVE. M & M APARTMENT 4316 LAVINIA AVE. M & M APARTMENT 4318 LAVINIA AVE. M T GUZMAN 4149 AGNESST M.L.NEIVES 12016 FIRSTAVE. MACIAS 4234 AGNESST MACIAS 12024 THIRD AVE. MACIAS 4540 ARLINGTON AVE. MACIEL 4626 ARLINGTON AVE. MADRIGAL 12700 WALDORF DR. MADUENO 4322 AGNESST MAGANA 4019 MC MILLAN ST MAGANA 5442 MC MILLAN ST MAGEE 12694 HANSACOURT MAI 12100 ATLANTIC AVE. MAISINCHO 12017 THIRD AVE. MANCILLA S 12724 COOKACRE AVE. MANU H F 4289 CARLIN AVE. MANZO 4275 AGNESST MARTINEZ 12007 ATLANTIC AVE. MARQUEZ 4603 CARDWELLST MARQUEZ 12309 MILLRACE AVE. MARQUEZ J 5140 CLARK ST PAGE 10 OF 19 PARK WATER CUSTDMER LISTING LAST NAME ADDRESS MARQUINA 11816 THIRD AVE. MARSHALL 12642 ANTIGIUA COURT MARSHALL 12626 HARRISAVE. MARTIN 4532 ARLINGTON AVE. MARTIN 4705 CARLIN AVE. MARTIN 4529 OLANDA ST MARTIN 12511 WRIGHT RD. MARTIN CRUZ 4217 AGNES ST MARTINEZ 4321 AGNES ST MARTINEZ 4639 CARDWELL ST MARTINEZ 5326 CLARK ST MARTINEZ 5500 CLARK ST MARTINEZ 12027 FIRSTAVE. MARTINEZ 12322 HALO DR. MARTINEZ 12535 HARRIS AVE MARTINEZ 4609 OLANDA ST MARTINEZ 5536 OLANDA ST MARTINEZ 5506 RAYBORN ST MARTINEZ 12039 THIRD AVE. MARTINEZ 12535 HARRIS AVE. MARTINEZ 12708 STONEACRE AVE, MARTINEZ R 12419 WALDORF DR. MARTINEZ R 12421 WALDORF DR, MASSEY 12703 COOKACREAVE. MATA 5162 NILAND ST MATAMOROS 4277 AGNES ST MCDUELL 5423 RAYBORN ST MCKISSIK 4706 OLANDA ST MCKNEELY 5165 NILAND ST MCPHERSON 5167 CLARK ST MCTIRE 12712 WALDORF DR. MEDELLIN 12500 WALDORF DR. MEDINA 5414 FERTILE ST MEDINA 5172 NILAND ST MEDINA 4615 OLANDA ST MEDINA 5400 RAYBORN ST MEDINA 12014 SECOND AVE. MEDRANO 12342 EDGEBROOK AVE. MEJIA 12501 WRIGHT RD MELENDEZ 5412 PELLEUR ST MENDEZ 12628 HARRIS AVE. MENDEZ 12721 HARRIS AVE. MENDEZ C 4340 AGNES ST MENDOZA 5422 CLARK ST MENDOZA 5515 FERTILE ST MENDOZA 12026 FIRST AVE. MENLO 4271 CARLIN AVE. MENLO 5507 OLANDA ST METRO 4297 LAVINIAAVE. MICHALAK 12139 ATLANTICAVE MICHEL 12032 FIRSTAVE. MICHEL 12020 FOURTH AVE. MICHEL 12344 MILLRACE AVE. MICHEL 5447 RAYBORN ST MILLER 4706 ARLINGTONAVE. MIMS 4200 JOSEPHINE ST MIRANDA 12215 VIRGINIAAVE. MITCHELL 12695 HANSA COURT MITCHELL 12220 THORSON AVE. MITCHELL 12235 VIRGINIAAVE. MIXON 5204 CLARK ST MOLINA 4709 ARLINGTON AVE. MOLINA 5170 CLARK ST MOLINA 12711 COOKACREAVE. PAGE 11 OF 19 0 PARK WATER CAR LISTING LAST NAME ADDRESS MOLINA 4331 MC MILLAN ST MONAREZ 4209 AGNESST MONARREZ 5506 PELLEUR ST MONTERO 5243 NILAND ST MONTERROSA 12314 MILLRACE AVE. MONTERROSA 5401 OLANDA ST MONTES 11811 HARRIS AVE. MONTES 12542 WALDORF DR, MONTGOMERY 12698 HANSA COURT MONTOYA 4255 AGNESST MONTOYA 5433 PELLEUR ST MOORE 12678 ANTIGUA COURT MOORE 4721 ARLINGTON AVE MOORE 4720 CARLIN AVE. MORA 4027 MC MILLAN ST MORALES 11808 FOURTH AVE. MORALES 12514 HARRISAVE. MORALES 11808 FOURTH AVE MORALES B 4538 CARDWELL ST MORAN 4815 OLANDA ST MORANDO 5446 PELLEUR ST MORENO 4272 AGNESST MORROW 4600 OLANDA ST MOTTON 12694 ANTIGIUACOURT MUNGIA 4270 AGNESST MUNIZ 4169 AGNESST MUNOZ 4630 CARLIN AVE. MUNOZ 4632 OLANDA ST MUNOZ 12715 HARRISAVE. MUNOZ J C 12318 HALO DR. MURPHY E 4204 CARLIN AVE. MURRILLO 4224 CARLIN AVE. NABULSI 5124 LAVINIAAVE. NAJERA 12026 SECOND AVE. NALLS 4204 AGNESST NAVARRETE 4725 ARLINGTON AVE. NAVARRO 4516 OLANDA ST NAVARRO 5522 RAYBORN ST NAVARRO J 12714 HARRIS AVE. NELSON 12679 HANSA COURT NEUHAUSER 11824 SECOND AVE. NICOLSAVANNOL 12641 ANTIGIUACOURT NIXON 4629 ARLINGTON AVE. NIXON 12547 WRIGHT RD. NUNEZ 4301 AGNESST NUNEZ 5406 CLARK ST NUNEZ 5506 CLARK ST NUNEZ 12032 FOURTH AVE. NUNEZ 12540 MANETTE PL. NUNEZ 5254 NILAND ST NUNEZ 12032 FOURTH AVE. OATES 5141 CLARK ST OBESO 5151 CLARK ST OCEGURA 4163 CARLIN AVE. OH 4840 OLANDA ST OH H H 4411 MC MILLAN AVE. OJEDA 12015 FOURTH AVE. OJEDA 12318 MILLRACE AVE. OJEDA 12015 FOURTH AVE OKUN 4520 ARLINGTONAVE. OLGUIN 12026 THIRD AVE. OLIVA 12214 DUNCAN AVE. OLIVA 12330 EDGEBROOK AVE. OLIVA 5522 OLANDA ST PAGE 12 OF 19 • PARK WATER CUSTOMER LISTING LAST NAME ADDRESS OLIVER CALHOUN 5137 ALVADA ORGANISTA 12106 THORSON AVE. ORIGELR 4167 LAVINIAAVE ORTEGA 12015 FIRSTAVE. ORTEGA 4117 MC MILLAN ST ORTEGA 12634 STONEACRE AVE. ORTEGA 12537 WALDORF DR. ORTIZ 5229 CLARK ST ORTIZ 5450 FERTILE ST ORTIZ 11810 FIRSTAVE. ORTIZ 5156 NILAND ST ORTIZ 5202 NILAND ST ORTIZ 12225 VIRGINIAAVE ORTIZ 12418 WALDORF DR OSEGUEDA 5500 OLANDA ST OWENS 4618 CARLIN AVE OWENS 4221 LAVINIAAVE. P DR 12016 THORSON AVE. PACHECO 4541 ARLINGTON AVE. PACO 12686 HANSA COURT PADILLA 5233 ALVADA PADILLA 5263 CLARK ST PADILLA 11825 FIRST AVE. PADILLA 12018 HARRIS AVE. PALACIOS 12515 WRIGHT RD. PALAGANAS T 4285 CARLIN AVE PANTOJA 12540 HARRISAVE. PANTOJA M 12540 HARRIS AVE. PAREJAA 12505 WRIGHT RD PARKER 4208 LAVINIAAVE. PARMENDARIS 4331 CARLIN AVE. PARRA 12533 WALDORF DR. PARTIDA 12038 SECOND AVE. PATTERSON 4614 CARLIN AVE. PAYNE 4111 MC MILLAN ST PAYNE 5442 PELLEUR ST PAYNE 5443 PELLEUR ST PAZ 4605 MC MILLAN ST PEDROZA M 4283 CARLIN AVE. PELAYO 4246 LAVINIAAVE. PELAYO 12614 WRIGHT RD. PENA 12337 EDGEBROOK AVE PENA 5407 FERTILE ST PENA 4235 LAVINIAAVE. PENALOZA 5527 PELLEUR ST PEREZ 4164 AGNES ST PEREZ 4245 AGNES ST PEREZ 5218 ALVADA PEREZ 5209 CLARK ST FEREZ 4203 MC MILLAN ST PEREZ JOSE 4204 CARLIN AVE. PE7ROCCO 5513 RAYBORN ST PICHARDO 12501 MANETTE PL. PICKETT 4725 OLANDA ST PINA 4533 CARLIN AVE. PINA 5502 FERTILE ST FINALES 5547 OLANDA ST PINEDA 4279 AGNES ST PINEDA 12033 HARRIS AVE. PINEDA 5423 OLANDA ST PINEDO 11811 FOURTH AVE. PLEITEZ 5433 OLANDA ST POLANCO 5200 CLARK ST POLLARD 12029 THIRD AVE. PAGE 13 OF 19 • PARK WATER CUS blER LISTING LAST NAME ADDRESS PONCE 11828 HARRIS AVE. PONCE 12727 HARRIS AVE. PONCE J M 4727 CARLIN AVE. PORTILLO 11806 FIRSTAVE. PRADO 4602 ARLINGTON AVE. PRECIADO 12205 VIRGINIAAVE. PRENTICE 12699 HANSA COURT PRICE 12530 MANETTE PL, PUENTE 5532 PELLEUR ST PULIDO 4242 AGNES ST PURNELL 12670 ANTIGUA COURT QUINONEZ 4608 ARLINGTON AVE. QUINONEZ 5522 PELLEUR ST QUINTANA 4526 OLANDA ST QUINTANAR 5209 ALVADA QUINTERO 12022 FOURTH AVE QUINTERO 5219 NILAND ST QUINTERO 12022 FOURTH AVE. QUINTERO A 12733 HARRIS AVE. QUINTERON 12735 HARRISAVE. QUIROZ 4218 AGNES ST RAMIREZ 4635 CARDWELL ST RAMIREZ 5521 FERTILE ST RAMIREZ 5451 MC MILLAN ST RAMIREZ 12350 MILLRACE AVE. RAMIREZ 4614 OLANDA ST RAMIREZ 12723 WALDORF DR. RAMOS 12726 HARRIS AVE. RAMOS 12737 WALDORF DR. RAMOS 4612 CARDWELL ST RANGLE 4535 BLOUNT PL. RAYGOZA B 12635 HARRIS AVE. REAL 5161 ALVADA REALES 12622 WALDORF DR, RECENDEZ 4816 OLANDA ST REED 11805 HARRISAVE, REED 11819 SECOND AVE. REED 11805 HARRIS AVE. REESE 4702 CARLIN AVE. REISS 11814 FOURTH AVE. REVOLORIO 11821 HARRISAVE. REYES 5154 LAVINIA AVE. REYES 12208 THORSON AVE. REYES 4205 AGNESST REYES 4208 AGNES ST REYES 5136 ALVADA REYES M 4520 BLOUNT PL. REYNA 5236 ALVADA REYNOSO 11821 THIRD AVE. RHODES 4534 CARDWELL ST RHODES 5432 PELLEUR ST RICHARDSON 4625 CARDWELL ST RICHARDSON 12304 EDGEBROOK AVE. RICHARDSON 12520 WALDORF DR, RICHARD -VINES 12636 WALDORF DR. RICO R 4520 CARDWELL ST RINGER 12625 HARRISAVE. RINGER 12629 HARRIS AVE. RINGER G 12625 HARRIS AVE. RINGER 12629 HARRISAVE. RIOS 12301 EDGEBROOK AVE. RIVAS 11820 FIRSTAVE. RIVERA 4822 OLANDA ST RIVERA 5512 PELLEUR ST PAGE 14 OF 19 9 PARK WATER CUSIRER LISTING LAST NAME ADDRESS RIVERA 5532 RAYBORN ST RIVERA 12507 HARRIS AVE. RIVERA 12116 THORSON AVE RIVERA J 12507 HARRIS AVE. RIXTER 11827 HARRISAVE. ROBERTS 12671 ANTIGUA COURT ROBINSON 12432 WALDORF DR. ROBINSON 12438 WALDORF DR ROBLEDO 12426 HARRIS AVE. ROBLES 12328 HALO DR. ROBLES 5206 LAVINIAAVE. ROCHA 4726 ARLINGTON AVE RODGERS 5157 CLARK ST RODRIGUEZ 4212 AGNESST RODRIGUEZ 4252 AGNESST RODRIGUEZ 12500 ATLANTIC AVE. RODRIGUEZ 5308 CLARK ST RODRIGUEZ 5508 FERTILE ST RODRIGUEZ 11821 FIRSTAVE. RODRIGUEZ 12541 HARRISAVE. RODRIGUEZ 5161 NILAND ST RODRIGUEZ 5532 OLANDA ST RODRIGUEZ 5543 OLANDA ST RODRIGUEZ 12541 HARRIS AVE RODRIGUEZ 12100 THORSON AVE. RODRIGUEZ 12211 VIRGINIAAVE. ROIS 4125 MC MILLAN ST ROJAS 12517 WALDORF DR. ROJO C A 4708 CARLIN AVE. ROMERO 12016 FOURTH AVE. ROMERO 12009 SECOND AVE. ROMERO 12016 FOURTH AVE. ROQUE 12316 THORSON AVE ROSALES 4527 CARLIN AVE. ROSALES 12614 HARRIS AVE. ROSALESJ 12614 HARRISAVE, ROSAS 12424 ATLANTIC AVE ROSAS 11810 SECOND AVE ROSS 4608 CARDWELL ST ROUZAN 12127 DUNCAN AVE. RUANO 4623 ARLINGTON AVE. RUIZ 4233 AGNESST RUIZ 4300 AGNESST RUIZ 4543 BLOUNT PL. RUIZ 12631 COOKACRE AVE. RUIZ 11809 SECOND AVE. RUIZ 12013 SECOND AVE. RUIZ 12430 STONEACRE AVE. RUSS 12693 ANTIGUA COURT SACASA MA 5332 CLARK ST SAGASTUME 12727 WALDORF DR. SAHAGUN 12410 HARRISAVE. SALAZAR 5253 CLARK ST SALAZAR 4543 MC MILLAN ST SALAZAR 5279 NILAND ST SALAZAR 4530 OLANDA ST SALAZAR 5542 RAYBORN ST SALDANA 12435 HARRIS AVE. SALDANA E 12537 WRIGHT RD. SALDIVAR 4150 AGNESST SALDIVAR 4228 LAVINIAAVE. SALGUERO 12140 ATLANTIC AVE. SAMANIEGO 4523 BLOUNT PL. SAMANIEGO 12739 HARRISAVE. PAGE 15 OF 19 10 PARK WATER CUSIMER LISTING LAST NAME ADDRESS SAMANIEGO 12739 HARRIS AVE. SANASINH 5203 ALVADA SANCHEZ 5148 ALVADA SANCHEZ 4327 CARLIN AVE. SANCHEZ 12431 COOKACRE AVE. SANCHEZ 4527 MC MILLAN ST SANCHEZ 5419 MC MILLAN ST SANCHEZ 5537 OLANDA ST SANCHEZ 5412 RAYBORN ST SANCHEZ 5446 RAYBORN ST SANCHEZ 11811 SECOND AVE. SANCHEZ 12512 WALDORF DR. SANCHEZ 12624 WRIGHT RD. SANDOVAL 12032 SECOND AVE. SANDOVAL 12212 THORSON AVE. SANSON 12025 FOURTH AVE. SANSON 11910 THORSON AVE. SANTILLAN 5452 PELLEUR ST SANTOS 12502 EDGEBROOK AVE. SANTOS 4613 PELLEUR ST SANTOS 12519 HARRIS AVE. SANTOS 12628 STONEACRE AVE. SANTOS A S 12519 HARRIS AVE. SARABIA 5516 CLARK ST SAUCEDO 4252 JOSEPHINEST SAUCEDO 4256 JOSEPHINE ST SAUCEDO 4353 MC MILLAN ST SCALES 12693 HANSA COURT SELAM LIQUOR 12720 ATLANTIC AVE. SERNA 5415 FERTILE ST SERRANO 4319 AGNESST SHELTON 11803 FOURTH AVE. SHEPPERD 4627 OLANDA ST SHIRLEY 4600 PELLEUR ST SHOLES 12407 ATLANTIC AVE. SIERRA 5268 LAVINIA AVE. SILAIROS 12221 VIRGINIA AVE. SILVA 5436 RAYBORN ST SILVIA C MIRANDA 4283 AGNES ST SIMMONS 4607 PELLEUR ST SIMONS 5514 FERTILE ST SKAGGS 5543 PELLEUR ST SLAUGHTER 4536 OLANDA ST SLAVENS 12613 WALDORF DR. SMALLEN 4715 ARLINGTON AVE. SMITH 12643 ANTIGUA COURT SMITH 12663 BELINDA COURT SMITH 5164 CLARK ST SMITH 12651 BELINDA COURT SNEED 4170 LAVINIAAVE. SOLANKI 12706 COOKACRE AVE. SOLTERO 4241 MC MILLAN ST SOMERSET PROP 12713 WALDORF DR SORIA 12226 ATLANTIC AVE. SOSA 5512 OLANDA ST SOTELO 4335 LAVINIAAVE. SOTELO 5401 PELLEUR ST SOTO 11818 FIRST AVE. SOTO 5447 OLANDA ST SOTO 5523 PELLEUR ST SOTOMAYOR 11815 HARRIS AVE. SPARKMAN J D 4299 CARLIN AVE. SPENCER 12647 ANTIGIUA COURT SPENCER 4528 CARDWELLST PAGE 16 OF 19 • PARK WATER CUSTOMER LISTING LAST NAME ADDRESS ST JULIAN 12701 WALDORF DR. ST PHILIP NERI 4311 OLANDA ST ST PHILP NERI CH 12435 COOKACRE AVE. ST PHILP NERI CH 12601 COOKACRE AVE. STANFIELD 12502 MANETTE PL. STINSON 5274 LAVINIAAVE SUY 4287 CARLINAVE. SYLVIA 4211 OLANDA ST SYPIN 5427 FERTILE ST TABARES 11837 FIRSTAVE. TAKASHIMA 12139 ATLANTIC AVE TALAVERA 11818 SECOND AVE. TAPIA 4285 AGNESST TAPIA 4255 CARLIN AVE. TAPIA 12022 FIRSTAVE. TARIZON 5543 RAYBORN ST TAYLOR 12360 HALO DR. TAYLOR 5278 NILAND ST TAYLOR 4607 RAYBORN ST TAYLOR 12147 WRIGHT RD. TCSINVESTMENT 12444 COOKACRE AVE. TEMME CORP 12446 ATLANTIC AVE. TERRELL 12247 VIRGINIAAVE. THOMAS 4546 ARLINGTON AVE. THOMAS 11817 ATLANTIC AVE. THOMAS 4517 CARLIN AVE. THOMAS 12532 WALDORF DR. THOMASJR 5222 ALVADA THOMAS W 12725 ATLANTIC AVE THOMPSON 12329 HALO DR. THOMPSON 5400 PELLEUR ST THOMSEN 4702 ARLINGTON AVE: THORTTON 12663 ANTIGUA COURT THORTSON 12310 EDGEBROOK AVE. TOATH 12702 STONEACRE AVE. TOPETE 12028 FOURTH AVE. TOPETE 12028 FOURTH AVE TORO 5433 RAYBORN ST TORRES 4201 AGNESST TORRES 4207 AGNESST TORRES 4232 AGNESST TORRES 12433 ATLANTIC AVE. TORRES 4702 OLANDA ST TORRES 5432 RAYBORN ST TORRES 5523 RAYBORN ST TORRES 11808 THIRD AVE. TORRESJ 12515 HARRISAVE, TOSCANO 12014 FIRST AVE. TOVAR M 12120 DUNCAN AVE. TOY 5503 FERTILE ST TREJO R 12508 HARRIS AVE. TRINIDAD 5500 PELLEUR ST TRONGOSO 4222 JOSEPHINE ST TRUEVINE BAP CH 5238 CLARK ST TRUJILLO 4343 MC MILLAN ST TRUJILLO 4711 MC MILLAN ST TRUJILLO 5533 PELLEUR ST TYNER 4224 OLANDAST UGAITAFA 12441 WALDORF DR. UNGERLAND 4516 ARLINGTON AVE. UNGERLAND 4169 CARLIN AVE. UNGERLAND 12039 ATLANTIC AVE. URENA 4212 OLANDA ST URIA 12620 HARRIS AVE. PAGE 17 OF 19 PARK WATER CUSAR LISTING LAST NAME ADDRESS URIA 12617 HARRISAVE, URIBE 4701 ARLINGTON AVE VALASQUEZ 12417 COOKACRE AVE. VALDIVIA 12550 MANETE PL. VALENZUELA 5225 NILAND ST VANDERSLICE 4621 OLANDA ST VARGAS 12608 HARRISAVE. VARGAS 4251 AGNES ST VASQUEZ 5200 ALVADA VASQUEZ 12017 ATLANTIC AVE. VASQUEZ 4726 CARLIN AVE. VASQUEZ 4624 OLANDA ST VASQUEZ 11831 THIRD AVE VASQUEZ 12740 HARRIS AVE VASQUEZ 12426 WALDORF DR. VASQUEZ A D 4533 CARDWELL ST VASQUEZ JS 12717 COOKACREAVE VASQUEZ M 12740 HARRIS AVE. VEGA 4819 OLANDA ST VELAZQUEZ 12014 HARRIS AVE. VELIZ 5527 OLANDA ST VENEGAS 4249 AGNESST VENEGAS 5452 RAYBORN ST VENTURA 5148 NILAND ST VENTURA 4834 OLANDA ST VEYNA 12425 HARRIS AVE. VEYNA R 12437 HARRIS AVE. VIDAL 5443 OLANDA ST VILLA 5406 RAYBORN ST VILLALABOS 4609 ARLINGTON AVE VILLALOBOS 12029 HARRIS AVE. VILLALOBOS 4200 AGNES ST VILLALPANDO 5513 PELLEUR ST VILLANUEUA 5274 NILAND ST VILLANUEVA 5429 MC MILLAN ST VILLANUEVA 5431 MC MILLAN ST VILLANUEVA 5422 PELLEUR ST VILLAOBOS 4609 ARLINGTON AVE. VILLARREAL 5517 OLANDA ST VILLEGAS 4543 CARLIN AVE. VILLEGAS 5212 NILAND ST VILLEGAS 5413 RAYBORN ST VINSON 5412 CLARK ST WADE 12434 COOKACREAVE. WALLACE 11817 THIRD AVE. WARD 12643 BELINDA COURT WARREN 4618 OLANDA ST WATERHOUSE 12033 FOURTH AVE. WATSON 4157 AGNES ST WEBB 12122 THORSON AVE. WELLS 4602 CARDWELL ST WELLS 12516 WALDORF DR. WESLEY 12029 SECOND AVE. WHEELER 12427 WALDORF DR. WHISMAN 4200 LAVINIA AVE. WHITE 12699 ANTIGUA COURT WHITE 4608 CARLIN AVE. WHITE 5410 FERTILE ST WHITE 4240 LAVINIAAVE. WHITE 12536 WALDORF DR. WIKADAL 11803 SECOND AVE. WILKERSON 5126 CLARK ST WILLAIM 4153 CARLIN AVE. WILLIAM THOMAS 12721 ATLANTIC AVE. PAGE 18 OF 19 • PARK WATER CUST 14ER LISTING LAST NAME ADDRESS WILLIAMS 12659 ANTIGIUA COURT WILLIAMS 12674 ANTIGUA COURT WILLIAMS 12318 EDGEBROOK AVE. WILLIAMS 5447 PELLEUR ST WILLIAMS 4613 RAYBORN ST WILLIAMS 5426 RAYBORN ST WILLIAMS 12707 WALDORF DR. WISNER 5401 FERTILE ST WOLF 4267 CARLIN AVE. WOLF 12440 COOKACRE AVE. WOOD 4533 ARLINGTON AVE. WOOD 5139 NILANDST WOODARD 4718 OLANDA ST WU 12640 BELINDA COURT WYNNE 12701 HARRIS AVE WYNNE C 12642 BELINDA COURT YANEZ 12014 THIRD AVE. YOUNG 4174 LAVINIAAVE. ZAMBADA 5145 NILAND ST ZAPIENR 12502 HARRIS AVE. ZAVALA 12635 COOKACREAVE, ZAVALA 12115 VIRGINIA AVE. ZAVALZA 11807 THIRD AVE. ZENDEJAS 5154 ALVADA ZENDEJAS 12322 EDGEBROOK AVE. ZEPEDA 4167 AGNESST ZEPEDA 11810 FOURTH AVE ZEPEDA 5506 OLANDA ST ZEPEDA 11810 FOURTH AVE. ZEROUNIAN 12534 ATLANTIC AVE. ZUNO 4221 OLANDA ST TOTAL LYNWOOD PARK WATER EXEMPTIONS 1,183 PAGE 19 OF 19 Date: September 2, 2003 To: THE HONORABLE MAYOR AND MEMBERS OF THE LYNWOOD CITY COUNCIL From. Lorry Hempe, City Managerl By Yadi Farhadi, P.E., Director of Environmental Services /City Engineer y� Oretha Landers, Department of Environmental Services /J Subject: Contract Agreement Extension for the Used Oil Recycling Block Grant Curbside Collection Program PURPOSE: To request the City adopt the attached resolution approving the amendments to the Service Contract Agreement with Curbside Recycling, Inc., and authorizing the Mayor or his designee to execute the amendment. FACTS: s, The California Oil Recycling Enhancement Act mandates that the California Integrated Waste Management Board (CIWMB) provide funds to cities and counties for establishing local collection programs that will encourage residents to recycle or legally disposed of used oil. The Act also mandates that the CIWMB use designated funds for specified activities that will encourage the legal disposal of used oil. On July 1, 2000, the City of Lynwood entered into a three -year contract agreement, from July 1, 2000, through June 30, 2003, with Curbside, Inc., for the Curbside Collection of used oil. (See Attachment "A ") The effects of the program are making an impact on providing the community with vital educational information and a means for the community to participate in the Used Oil Recycling Program. The Program has developed and promoted alternatives to the illegal disposal of used oil by establishing a network of collection opportunities and undertaking outreach efforts. Staff is requesting that the City Council approve an amendment extending the term of the Contract with Curbside, Inc., for the Used Oil Block Grant Program. The amendment will provide Curbside, Inc., to continue to provide residential used oil curbside collection services, including preparing reports required by CIWMB, for the period of 07/01/03 through 12/31/03, for the Used Oil Residential Curbside Collection Program. (See Attachment "B "). RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING Al AGENDF AMENDMENT TO THE SERVICE CONTRACT AGREEMENT WITH CURBSIDE, IN • ITEM RELATIVE TO THE USED OIL BLOCK GRANT COLLECTION PROGRAM, AN AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE THE CONTRAC AMENDMENT." I 0 0 RESOLUTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE AMENDMENT TO THE SERVICE CONTACT AGREEMENT WITH CURBSIDE, INC., RELATIVE TO THE USED OIL BLOCK GRANT USED CURBSIDE COLLECTION PROGRAM" WHEREAS, the California Oil Recycling Enhancement Act mandates that the California Integrated Waste Management Board ( CIWMB) provide funds to cities and counties for establishing local collection programs that will encourage residents to recycle or legally dispose of used oil. The Act also mandates that the CIWMB use designated funds for specified activities that will encourage the legal disposal of used oil; and WHEREAS, on July 1, 2000, the City of Lynwood (City) entered into an agreement with Curbside Inc., (a Safety —Kleen Company) which set forth the terms and conditions for the services of the Used Oil Block Grant Curbside Collection Program. WHEREAS, the term of Curbside, Inc., contract services expired on June 30, 2003; and WHEREAS, Curbside, Inc., has been satisfactorily providing residential curbside used oil collection services, preparing, and providing reports to CIWMB for the City of Lynwood. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine and resolve as follows: SECTION1. That the City Council of the City of Lynwood authorize the Mayor or his designee to execute a contract amendment to the agreement between Curbside, Inc., and the City of Lynwood for the Used Oil Recycling Block Grants Curbside Pick -up Program, extending the term of the Contract to December 31, 2003 adoption. SECTION 2. That this resolution shall take effect immediately upon its PASSED, APPROVED and ADOPTED this , 2003. FERNANDO PEDROZA, Mayor City of Lynwood day Andrea L. Hooper, City Clerk City of Lynwood 0 APPROVED AS TO FORM City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES U APPROVED AS TO CONTENT Lorry Hempe, City Manager I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of September 2003, and passed by the following vote: AYES. NOES: ABSTAION: ABSENT Andrea L. Hooper, City Clerk City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and, that, said resolution was adopted on the date and by the vote herein stated. Dated this day of September, 2003 Andrea L. Hooper, City Clerk City of Lynwood • AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF LYNWOOD AND CURBSIDE, INC, A SAFETY -KLEEN COMPANY THIS AGREEMENT FOR SERVICES ( "Agreement ") is made this 1 day of July , 2000 by and between the City of Lynwood, a municipal corporation, ( "CITY "), and Curbside, Inc., a California Corporation (`CONTRACTOR "). RECITALS The following recitals are a substantive part of this Agreement: 1. WHEREAS, the City has accepted the Contractor's "Used Oil Collection and Management Proposal" dated February 17, 2000 and revised August 8, 2000. 2. WHEREAS, the CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish the services. 3. WHEREAS, the City desires to utilize the services of CONTRACTOR to implement and manage the City's used oil collection program. AGREEMENT NOW, THEREFORE, the parties agree that the following terms and conditions shall supplement, take precedence over and supersede any provision contained in the Contractor's proposal, as revised: 1. Terms of Agreement. This agreement shall begin upon execution and continue until June 30, 2003, unless extended. 2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of Program Management and Administration of the City's Used Oil Block Grant per attached Proposal & Scope of Work (Exhibit "A ") Attachment A 0 0 3 Compensation: CONTRACTOR shall be compensated as follows 3 1 CONTRACTOR will be compensated at the rate per stop for used oil collection as outlined in attached Exhibit "A" 3.2 Method of Payment. CONTRACTOR shall, on a monthly basis, submit to CITY an itemized invoice for compensation for all work performed. CONTRACTOR can expect to receive payment within a reasonable time thereafter and in any event in the normal course of business within 30 days after invoice is received and approved by CITY staff. 3.3 Records of Expense. CONTACTOR shall keep complete and accurate records of payroll costs, travel, and incidental expenses. These records will be made available at reasonable times to CITY. 3.4 Under no circumstances shall the CITY be required to pay, nor shall the CONTRACTOR be permitted to invoice, more than $20,240 per year or $60,720 for the total contract term. In the event the CONTRACTOR incurs billings and expenses in excess of the amounts so stated, the CONTRACTOR shall immediately notify the CITY it has exceeded the original contract amount. The CITY shall then have the option of paying for the services as invoiced and continuing the AGREEMENT or not paying for the services and terminating this AGREEMENT without incurring any liability 4. INSURANCE REQUIREMENTS. With respect to performance of work under this agreement, CONTRACTOR shall maintain and shall require its sub - contractors, if any, to maintain insurance as described below. 2 0 4.1 Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1;000,000.00 per accident. 4.2 Commercial general liability insurance, or equivalent form, with a combined single limit of not less than 1,000,000 00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project CONTRACTOR performs for CITY. Such insurance shall (a) name the CITY and it's officers and employees as additional insured, and (b) be primary with respect to insurance of self - insurance programs maintained by the CITY 4.3 Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 4.4 CONTRACTOR shall, (a) furnish properly executed certificate of insurance to the City Clerk prior to commencement of work under this Agreement, which certificates shall clearly evidence all coverage's required above and provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to City, and (b) maintain such insurance from the time work first commences until completion of the work under this Agreement, and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. 5 Non - Liability of Officials and Employees of the CITY No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR. 6 Non- Discrimination/Drug Free Workplace. CONTRACTOR shall not discriminate in any employment practice against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, disability or national origin. CONTRACTOR also warrants that it maintains a "Drug Free Workplace" and does not tolerate the use of illicit drugs by its principals or employees. 3 0 • 7. Independent Contractor. All acts of the CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this AGREEMENT, shall be performed as independent CONTRACTORS and not as agents, officers, subcontractors or employees of CITY. CONTRACTOR, by virtue of this AGREEMENT, has no authority to bind or incur any obligation on behalf of the CITY. CONTRACTOR has no authority or responsibility to exercise any rights or powers vested in CITY. It is understood by both the CITY and the CONTRACTOR that this AGREEMENT shall not under any circumstances be construed or considered to create an employer - employee relationship or joint venture. The CONTRACTOR, its agents, officers, subcontractors and employees are an, at all times during the term of this AGREEMENT, shall represent and conduct themselves as independent Contractors and not as CITY employees. CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this AGREEMENT. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the action or activities of CONTRACTOR in fulfillment of this AGREEMENT. CONTRACTOR has control over the manner and means of performing services under this AGREEMENT. As an independent Contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based on any contention by a third party that an employer - employee, joint- venture or partnership relationship exists by reason of this AGREEMENT 8. Compliance with Law. Contractor shall comply with all applicable laws, ordinance, codes, and regulations of the federal, state, and local government. 9. Disclosure of Documents. All documents or other information developed or received by CONTRACTOR are confidential and shall not be disclosed without authorization by CITY, unless law requires disclosure 4 0 • 10. Ownership of Work Product. Each and every report, draft, work product, map record and other document reproduced, prepared, and or caused to be prepared by Contractor pursuant to or its connection with this agreement shall be the exclusive property of the CITY 11 Conflict of Interest and Reporting CONTRACTOR shall at all times avoid conflict of Interest or appearance of conflict of Interest in performance of this Agreement. 12. Notices. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be for delivery of service of process. (a) Address of CONTRACTOR is as follows: Brian Kelly Curbside, Inc. 185 Orangewood Avenue, Suite 320 Orange, CA 92868 (b) Address of CITY is as follows. Oretha Williams City of Lynwood Department of Environmental Services 11330 Bullis Road Lynwood, CA 90262 with a copy to Shan K. Thever & Associates 888 S. Figueroa Street, Suite 1850 Los Angeles, CA 90017 Attn. Shan K. Thever, City Attorney 13. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions f the work under this Agreement. Should CONTRACTOR discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the CITY, it shall immediately inform CITY of this and shall not I 0 . proceed, except at CONTRACTORS risk, until written instructions are received from CITY. 14. CONTRACTOR warrants and agrees that it is experienceAqualified and knowledgeable of the proper means of handling and disposing of "Household Hazardous Waste" as defined in Section 25218 1 of California Health and Safety Code. Specifically, the CONTRACTOR warrants and represents that it is qualified and experienced in operating a "curbside household hazardous waste collection program' and a "door -to -door household hazardous waste collection program' as those programs are defined in Section 25218.1 of California Health and Safety Code. In any collection program, CONTRACTOR agrees to abide by all provisions of Section 25218 et. seq. Of California Health & Safety Code, including following: 1 Not more than a total combined weight of 10 pounds of used oil filters and automobile batteries shall be collected from a single residence at one time. 2. Not more than five gallons of used oil shall be collected from a single residence at one time, and the volume of each individual container collected shall not exceed five gallons. 3. The transported household hazardous waste shall be in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during transport. 4. Different household hazardous waste shall not be mixed within a container before or during transport. 5. CONTRACTOR shall issue and keep a receipt for the household hazardous waste collected from an individual residence, and a copy of the receipt shall be provided to and retained by the CITY for a period of at least three years. 6. CONTRACTOR shall also prepare and provide all performance reports required by law, including but not limited to those reports required by the CIWMB. 15. 1 Time of Essence. Time is of the essence in the performance of this Agreement. 16. Limitations Upon Subcontracting and Assignment The experience knowledge, capability, and reputation of CONTRACTOR its principals and employees were a substantial inducement for CITY to enter into this Agreement. This Agreement may not be assigned I 0 • voluntarily or by operation of law, without the prior written approval of CITY. Any attempted assignment will be void. CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained on this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR or CONTRACTOR partner firm. CITY will deal with and make all payments to CONTRACTOR. 17. Termination. This Agreement may be terminated upon mutual agreement with 30 days advance notice in writing. The Agreement may be terminated at any time if either party fails to fulfill the provisions of this Agreement. 18. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound. 19 ' Indemnification. Contractor shall defend, indemnify and hold harmless the City of Lynwood and its officers, officials, employees and agents from and against all losses, claims, demands, payments, suites, actions, recoveries and judgements of every nature and description brought or recoverable against it or them by reason of any negligence or willful act, error or omission related to or arising from this Agreement by the Contractor, its agents or employees during the term of this Agreement, whether or not thee is concurrent negligence on the part of the City 20. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent mutual written agreement executed by CITY and CONTRACTOR. 21. WAIVER. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONTRACTOR. 0 • 22. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the Los Angeles County Superior Court. 23. Interpretation. This Agreement shall be interpreted, as though prepared by both parties. 24 Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decisions should affect only the provisions interpreted, and all remaining provisions shall remain enforceable. 25 Legal Proceedings/Dispute Resolution. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonable feasible, be resolved through good faith negotiations between the parties. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded. IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below. Date: 2 uOC, "CITY" City of Lynwood B / Date: l ? Ccc`; APPROVED AS FORM AND LEGALITY CITY ATTORNEY SHAN K. 'TER VASSOCIATES Lll WW CALSADA T CITY ATTORNEY "CONTRACTOR" Curbside, In . (a Safety-Kleen Company BY TITL . ATTESTATION r? , CITY CLERK F./DOC103Agreetnent for Services with curbside (92100) 8 0 �J CITY OF LYNWOOD USED OIL COLLECTION and MANAGEMENT PROGRAM PROPOSAL Prepared by Curbside, Inc. June 9, 2002 • 0 INTRODUCTION This proposes that Curbside, Inc. implement a Used Oil Management Program comprised of four key elements. • Collection of used oil directly from homes: Door -to -Door Collection • Collection of used oil by Certified Used Oil Collection Centers • Hotline system that directs low volume generators to Certified Centers and high volume generators to the Door -to -Door program • Public Education program to support the two major collection efforts. Through this program the City of Lynwood will provide its residents with a safe and convenient method to dispose of used oil, filters, latex paint, fluorescent bulbs, antifreeze and automotive batteries (HHW). Door -to -Door used oil collection programs collect from those who will not drive to certified centers or one -day events. Door -to -Door programs help to collect a portion of the 65% of used oil that is not being collected by permanent centers, mobile events, and certified collection centers. The program accommodates even the most under -served resident's (elderly and disabled) citizens through residential, door -to -door collection. Many elderly and disabled residents who, although may not change their own motor oil, have used motor oil stored on their property Certified Used Oil Collection Centers collect used oil from those who are willing to drive. The average quantity dropped off at Certified Centers is less than four gallons. Instead of asking residents to transport their used oil and filters to Certified Collection Centers this program will collect the material directly from the homes of participating residents. No transportation is required on the part of the resident, and residents do not have to be home for collection to occur The proposed program offers greater convenience, than transporting material to Certified Centers. Curbside, Inc. is currently providing Used Oil Collection and Management Services to the following Orange and Los Angeles County Cities. Lynwood, Lynwood, Compton, Paramount, Lynwood, Orange, Placentia, Buena Park and Costa Mesa. All of the Cities we serve in Orange and Los Angeles County have multiple Certified Centers, which collected used oil and filters from the public prior to beginning the Door - to -Door program. The amount of oil being collected by these centers has remained steady and in some cases increased since the inception of the Door -to -Door program in each City The per stop average of used oil collected through Door -to -Door programs in each of these Cities is over five gallons. It is for these and other reasons that we are submitting this proposal and recommend that the City of Lynwood implement a Citywide Door -to- Door Used Oil Collection Program. City of Lynwood, Used Oil Collection Program. June 9, 2003 2 0 The key to this the success of this program is that Curbside, Inc. will not charge the City for personnel hours. All services except the cost of printing or media (outside costs) are included in the individual charge for each Door -to -Door collection. This places the burden on us to ensure that this program element draws callers. There is no separate charge for maintaining the Certified Centers, meetings, travel time or anything else, ever We are not consultants. We earn our income from collecting and processing waste. For this reason, we charge only 15% and no more for each outside purchase. There are no side deals, no rebates, and no hidden markups. You pay the actual vendor bill plus 15 %. We do not charge to place orders or work with vendors. DOOR -TO -DOOR COLLECTION ACTION STEPS. The proposed program will be made available to all City residents. Residents can call a toll -free hotline (1- 800 - 449 -7587) to schedule a collection. Operators will staff the hotline Monday through Friday from 5AM to 5PM, Pacific Time. After -hours callers will reach Curbside, Inc.'s voice mail system. All voice mail calls will be returned the next business day The voice mail operates 24 hours a day, and on weekends. Service can be provided (if needed) to participants within 24 hours of the call being received. Contractor will collect the following items per stop • Unlimited used motor oil in containers of five gallons or less • Unlimited used oil filters • Unlimited automotive batteries • Unlimited antifreeze in containers of five gallons or less • All metal and or plastic containers that have or held used oil When the participant calls, demographic and location data are obtained. Participants will give the operator a verbal inventory of the material to be collected. If the participant has any ineligible material, the operator will inform the participant whom to contact about the waste. The operator will inform the participant of the program parameters over the phone. A collection date will be scheduled at that time. Special service will be provided on an as needed basis for senior /disabled participants. Often senior /disabled residents are not able to lift or gather their material for collection. Curbside, Inc. will gather and package material for these individuals free of charge. City of Lynwood. Used Oil Collection Program. June 9, 2003 3 • 9 The entire collection process is summarized as follows: 1 Resident contacts Curbside, Inc. via a toll -free hotline. 2. A Curbside, Inc. operator schedules a pick -up date. 3 On the scheduled day, our highly trained service person arrives and collects material. 4 The materials are then placed into proper containers. 5 Complete reporting will be provided to the City Reports will show what was collected, from whom, and when. At this point, used oil will be bulked at the facility Material will never be poured or bulked at the residence nor will it EVER be transported to or stored at a non -DTSC permitted facility. Clients will never be exposed to the risk that the material may be mismanaged or that an accident could happen at a non - permitted facility. Trained clean up personnel will conduct all clean up operations if ever needed. After conducting over 55,000 residential HHW collections, we have never had a spill or accident during collection or transportation of the material. PROGRAM TRACKING /MONITORING The goal of performance monitoring is two -fold: • Ensure the program is performing as expected • To make informed adjustments to program strategy in effort to regulate or stimulate program use. Programs are monitored in two ways: • Participant Survey Element • Program Performance Reports PARTICPANT SUR VEY ELEMENT Survey cards are mailed to each participant after the collection is completed. The survey cards are designed to assess the level of satisfaction and over -all performance of the program. Completed survey cards are mailed (postage paid) directly to the City After staff review, they are forwarded to Curbside, Inc. for entry into a survey database. A report compiling all survey information received to date from City residents will be submitted to the City on a quarterly basis. Customer satisfaction for similar programs is always above 90 %. City of Lynxood, Used Oil Collection Program, June 9, 2003 4 9 0 PROGRAM PERFORMANCE REPORTS Two types of reports will be produced: • A Daily Routing Sheet • A Monthly (as needed) Performance Report The quantitative performance of the program will be monitored through the used of timely reports. Routing reports are compiled for each collection day Quantitative reports are compiled once each month (or as needed by the City). City staff can obtain data at any time upon request. ROUTING REPORTS Each day, Curbside, Inc. will create a daily routing report. This report will show the names and locations of participants as well as a rough inventory of what material the resident has, and an inventory of what was actually collected. A routing sheet will be kept for each day of collection. MONTHLY PERFORMANCE REPORTS. At the end of each month (or as needed), a report will be created and sent to the City staff contact. These reports will include a complete breakdown of pounds and/or gallons of material collected by class. These reports will give current-and cumulative monthly totals. The City will also receive all paperwork that pertains to the collection, quantification, processing and transportation of the material as needed. PUBLIC EDUCATION As indicated, Curbside, Inc. will provide a variety of public education services at no charge. Camera -ready art includes finished artwork that can be used without additional work by a printer or publisher. Camera -ready art is typically provided for brochures, flyers, posters, door hangers and,B &W print advertising for city newsletters or local news publications. Upon request, we will also help plan and prioritize media and outreach event activities. Through experience we understand how to build community interest and involvement in door -to -door collection programs. In fact, we will evaluate the success of each activity by determining how participants learned of the program. If the City requires assistance in purchasing printing or media, this will be provided as well. In addition to the above the Contractor will provide at no charge to the City one employee to attend two events during the year to distribute any public education material and interface with the residents. Once a budget is confirmed for collections, a budget for public education can then be established. Citv of Lynwood, Used Oil Collection Program. June 9, 2003 5 CERTIFIED CENTER PROGRAM During the contract period the Contractor will make as needed site visits to Centers to ensure that they do not resign from the program. Their participation in the program is very important so as to offer the residents the opportunity to immediately of their oil small quantities of oil. Door —to -Door program cards will be given to all centers to direct the residents that may have large quantities of used oil to the DTD program rather than having the centers accept these large amounts which most are reluctant to accept if at all. Referral cards have proven to be very successful in other Cities where centers have become over burdened by larger quantities of oil coming into their facility The contractor will also be responsible to complete the yearly site visit forms as required by the CIWMB. Curbside, Inc. will complete the "Collection Center Assessment Checklist" as required by the CIWMB for each certified collection center. At the time the form is completed, Curbside, Inc. staff will also check for required signage and ask each collection center representative if they have encountered any problems. The forms will be included in reports to the State. HOTLINE Residents will call a toll free hotline to either schedule a collection at their home or to ask for the location of a Certified Center near them. If residents call for a collection of less than two gallons, they will be advised of Certified Centers. Although on the surface it may appear that Curbside, Inc. may be turning callers away, there will be other callers more deserving of the service (with larger quantities). Other valuable information will be communicated i.e. location of Orange County Permanent Centers for the disposal of other household hazardous waste materials. MONETARY PROPOSAL Curbside, Inc. will bill the City on a completed stop basis. The cost of a completed stop is $60.00. Curbside, Inc. has the capability of completing several thousand stops per month should the City require it. Only completed stops will be billed. Those participants who do not place material out for collection on their specified day will be marked as a "no- show" and the City will not be billed. The Contractor does not bill hours. The following are included in the per stop cost: Citv of Lynwood, Used Oil Collection Program. June 9, 2003 6 0 0 Curbside, Inc. will collect unlimited used motor oil, antifreeze, and automotive batteries and used oil filters. All liquid waste must be in sealed containers of 5 gallons or smaller • Collection of material • Separation / bulking Transportation of material to final destinations • Recycling of materials • Survey Program • Postage Paid Survey Cards • Certified Center Program • Program Administration • Operation of Hotline • Creation of Reports • Tracking of Survey Data • Contractor time and travel • Public Education as listed City of Lynwood, Used Oil Collection Program. June 9, 2003 7 AMENDMENT TO SERVICES CONTRACT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND CURBSIDE, INC., A SAFETY -KLEEN COMPANY FOR THE USED OIL BLOCK GRANT CURBSIDE COLLECTION PROGRAM WHEREAS, the City of Lynwood, hereinafter called, "City" and Curbside, Inc., hereafter called "Contractor" have entered into certain services agreement, dated July 1, 2000, hereinafter called "Agreement ", which set forth the terms and conditions for the services of the Used Oil Block Grant Curbside Collection Program, and WHEREAS, the City is satisfied with the services provided by Contractor and wishes to extend the Agreement; and WHEREAS, contractor is willing to continue providing services for Lynwood. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows. 1 The terms of the Used Oil Block Grant residential curbside collection services is extended to June 30, 2004 2. All other terms and conditions of said Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the Services Agreement this day of 2004 DATED- DATED- DATED- By- By- By- Fernando Pedroza, Mayor City of Lynwood Name: Title: Curbside, Inc. City Attorney Attachment B DATE. September 2, 2003 TO- THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM. Lorry Hempe, City Manager BY Yadollah Fahardi, P.E., Director of Environmental Services/ City Engineer] Jose Molina, Utility Services Manager SUBJECT Acceptance of the Maintenance of the Lynwood Sewer System Project. PURPOSE. To recommend that the City Council adopt the attached resolution accepting the Maintenance of the Lynwood Sewer System Project as complete. BACKGROUND: On June 3, 2003, the City Council awarded a contract to the lowest bidder, National Plant Services, Inc., in the amount of $131,000.00 for the Maintenance of the Lynwood Sewer System The project encompassed the cleaning of 278,091 ft of 8 -inch clay sewer pipe and its manholes for the total cost of $130,985.04 ANALYSIS The project started on June 24, 2003, and was completed on August 22, 2003 Staff conducted the final inspection on August 25, 2003, and found that all work has been completed satisfactorily in accordance with the project plans and specifications. RECOMMENDATION. Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE MAINTENANCE OF THE LYNWOOD SEWER SYSTEM PROJECT AS BEING COMPLETE" GENDA ITEM 1.9 0 RESOLUTION NO 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE MAINTENANCE OF THE LYNWOOD SEWER SYSTEM PROJECT AS BEING COMPLETE WHEREAS, on June 3, 2003, the City Council awarded a contract of $131,000 00 to National Plant Services, Inc. for the Maintenance of the Lynwood Sewer System Project; and WHEREAS, the project started on June 24, 2003, and was completed on August 25, 2003,and WHEREAS, staff inspected the project, and found that all work has been completed in accordance with the project plans and specifications. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section I That the City Council accepts the Maintenance of the Lynwood Sewer System Project as being complete in accordance with contract documents. Section 2 . This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of 2003 FERNANDO PEDROZA, Mayor City of Lynwood 0 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the Cit Hall of said City on the day of 2003, and passed by the following vote: AYES NOES ABSENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES City Clerk, City of Lynwood ss. I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of 2003 City Clerk, City of Lynwood 0 0 ATTEST ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM. City Attorney APPROVED AS TO CONTENT Lorry Hempe City Manager Yadollah Farhadi, P.E., Director of Environmental Services/ City Engineer 0 0 DATE: September 2, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lorry Hempe, City Manager V/ BY. Yadollah Farhadi, Director of Environmental Services JJW SUBJECT: QUARTERLY PROJECT CHANGE ORDER REPORT (May 1, 2003 through July 31', 2003) PURPOSE: To recommend that the City Council receive and file staff's quarterly contract change order report for the period of May 1, 2003 through July 31, 2003. BACKGROUND: On February 18, 1992, the City Council adopted Ordinance No. 1373 adding Section 6- 3.15 to the City of Lynwood Municipal Code pertaining to contract change orders. The Code Section was subsequently revised by the City Council on March 15, 1994 (Ordinance No. 1392) to increase the number of reports per year to four Article F of said section specifies that the City Manager shall, not less than every three months, report to the City Council through a special report on modifications and change orders which were issued for capital improvement projects implemented within that period. On June 17, 2003 the City Council approved staff's report on all change orders approved for the period from February 1, 2003 through April 30, 2003. ANALYSIS: Staff has reviewed all Capital Improvement Projects and has identified four (4) Contract Change Orders that were issued during the period from May 1, 2003 to July 31, 2003. One (1) negative change order was issued for the Muriel Dr., Olanda Ave. and Lavinia Ave. Improvement Project (see attached copy of change order # 1). One (1) change orders was issued for the Imperial Hwy Improvement Project (see attached copy of change order # 4). One (1) change orders was issued for the Orchard Ave., Walnut Ave. and Sanborn Ave. Improvement Project (see attached copy of change order # 2). One (1) change order was issued for the Woodlawn Ave. Improvement Project (see attached copy of change order # 2) RECOMMENDATION: Staff recommends that the City Council receive and file staff's quarterly contract change order report for the period of May 1, 2003 through July 31, 2003 J:\PUBWORKS\wordfiles\COUNCIL\CouO3O39CCO.doe ITEM 20 CONTRACT CHANGE ORD n U CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS Date: / Z 1i-L Order No.. 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Show as separate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change in contract cost; (4) Extension of contract, if warranted. (5) New contract total including all change orders. 2 �e1na�� 2xd re- o 51-vuet Cv�iL�Cz 0 , , , .,s as or ee E�9 /r1cC✓ s /i(St�r�v���isH R� _ 7%c ' `�badr zli.M Ma. // C � � y l /r�IrlwCC AC Lo�tSI� vr° Slo�cuaL/Z ON (Use Reverse Side for Sketch) 19_ Project Engineer O Director of Public Works City Manager - DYbluUm WHITE — Ofgn lWCMtrwW CANARY — C mclm G01.DENR00 — F*W Approved: .19 Contractor By Agent 2 OF 3 CONTRACT CHANGE O Rto WOOD T OF PUBLIC WORKS 3 a . @ Lv.r Svc 9/ C / CAM , ,t/o . 3 No, ii e 20a7,1" 4. Tdral � 2K� ll/hIYG�G� / 2 ,X a- Order No Job Title: Plan Reference: Item Reference: The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file at the Office of the City Engineer. Job No X5253 f SZ t / Show as separate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change in contract cost. (4) Extension of contract, if warranted. (5) New contract total including all change orders. CON T''D 295/.3(0 '700. Db , /7poo . 00 z 398.64� 3 73 373- 35.64 -) 30 (Use Reverse Side for Sketch) '7 Approved: �/ J � Approved: .1g_ p roleC1Engmeer ._._. _ Contractor BY Director of RVic works Agent C City Manager 3 of 3 DYelMlac vMliE — Orgm�l ro Cmtncta CMARY — canna« GOLDENROD — F. C 4 CONTRACT CHANGE 61RDt CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS Date: ( 1 x43 Order No. Job No. Job Title: 7lX1P -IAI /l y Plan Reference: Item Reference: The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file at the Office of the City Engineer. 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Agent DIWIOUtlae WHITE — Oryg W *Cmtnata CANARY ContrKwr GOLDENROD — FiW 0 4M NTRACT CHAN E ORD& CITY OF LYNWOOD 0 DEPARTMENT OF PUBLIC WORKS Date: / W Order No Job No Job Title: 1,C 1 .41Ay(%T ` , 6' C.X0n - COW ,SPH iOYi9 .S � S2 Cv / Plan Reference: Item Reference: The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file at the Office of the City Engineer Show as separate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change in contract cost; (4) Extension of contract, if war ranted. (5) New contract total including - ail / change orders. /. /�� fR�., EoKl�t�t- (.-- v^e'4, !S /tG�Otc.O�_ 4✓ Sl Oft �ea�4 !�G v r,,,a_,lr 0 � / f / ie�.f oRO�- e tr�y L ircd ��pv/0ts �otetey ha_�rr -� ¢ la�Sot..ti. , o^cf YPLGo- jlrvot CokHL t�i�a��� acr a o d reCaxs /Irue/ Z- wro 4' ar r „ a ,. k.6 , 3, a„ 74�v S.F # S.Da /SF,� 3s,oay.ov b. /,5od S•f G � 4.��s � q� �, au �. OYt /�a / t 3 5S (o log" av Co�/f'ocfC�aK9G Oi>✓� iC /o. � I 4ai SOD, o"o 771r 6; f G w� O.�w 4 �, uva . ^' 7oTa /!c%.t. Ccn/S -ate - �` 4 Cj°j /Oum'. dU (Use Reverse Sloe for Sketch) Apps' Loy/f �� 0 3 /9— Approved: c� /ice /na ,003 co - - _�V�v1A4µh F�Pnrrw'S- �nS -or Contractor ey. c- a Dkb* - vU= WHITE _ Orpm.l ro Cotr w CANARY _ Cmtnarn GOLDENROD - F. W 4ONTRACT CHANGE Oh RD 1 CITY OF LYNWOOD DEPARTMENT OF PUBLIC WORKS Date: G3 19 Order No ° Job No. 5 ,3 Z`fq Job Title: iiJ OOo l0&— K O t/e— Plan Reference: Item Reference: The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file at the Office of the City Engineer D1aNMbrr WHITE — 0,9m 1 w C wtw CANARY — Contractor GOLDENROD — F,a Show as separate numbered paragraphs: (1) Reason for change; (2) Description of change; (3) Change in contract cost; (4) Extension of contract, if warranted. (5) New contract total including all change orders. It f1 p�v7t�.t /ir /► r.-. A 774 f, .-j- 7' a /kr � 4- ,J 1 e f/vrri i a /G . S /t[�o acs✓ c •vC cc o-j rl fj/ •-1' 0 /4"" s a /�7 Sfjvc�v ✓a.l SGC �aL , ✓e ws -ttc,. e4cvA r� � �i Onc✓ �l�DI.tG� /4/Yc�../G a, lA c?^W 6,e7 f vAIOJ L v.�p ,Sv.� a� / • � 5, ,�Otl. a�v 30 6, S, N- ��OµL - IGK/S P !t or� Oi•• 11 1#4, l F j �, z S Doo .. .. (Use Reverse Side for Sketch) Approved Approved: r Project Engineer Director of PUdic Works Agent 'fsA e1 �. �ohn CRY Manager , 0 9 DATE: September 2, 2003 TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lorry Hempe, City Manager BY:, Yadollah Farhadi, P.E. Director of Environmental Services /City Engineer /7 / SUBJECT: Contract Award //J Street Improvement Project, Project Number 05 -5250 Santa Fe / State St. Water Main Improvement a"RE111A To recommend that the City Council adopt the attached resolution awarding a contract to the lowest responsible bidder Williams Pipeline Contractor, for the Santa Fe / State St. Water Main Improvement Project, Project No. 05 -5250 BACKGROUND: The project is listed in the Capital Improvement Project for FY 2003 -2004, and is funded by Water fund. The project encompasses the installation of new 12" Ductile Iron Pipe (DIP), 8" DIP, 6" DIP, 4" DIP, water meters, water services, fire hydrants and relocation and construction of new concrete catch basins and local depressions. On July 31, 2003 the bid advertisement for the project started. Twenty two (22) contractors received project plans and specifications. The bid opening was held in the office of the City Clerk on August 21, 2003 Nine (9) bids were submitted. Cou03 Water] ineAward AGEND, ITEM 21 0 0 BID RANK CONTRACTOR BID TOTAL 1 WILLIAMS PIPELINE CONTRACTOR $474,86000 2 SOUTHER CA UNDERGROUND CONTRACTOR $590,200.00 3 JOHN T MALLOY $594,20000 4 ROBERT CASTONGIA INC. $634,20700 5 VALVERDE CONSTRUCTION $646,47000 6 W.A. RASIC $647,08700 7 MA.JICH BROSERS INC $650,975.00 8 ZONDIROS CORPORATION $854,25000 9 COUCH & SONS, L.P $888,07500 ANALYSIS. Williams Pipeline Contractor was the apparent lowest bidder at $474,860.00 (see attached "A" Bid Analysis). A reference check of previous performance reveals that this contractor has the necessary experience for this type of project. In addition, Williams Pipeline Contractor has requested to withdraw its bid from the project due to clerical error (please see attachment `B "). However, staff has reviewed their bid and found no grounds for approval of such withdrawal from the project bid. RECOMMENDATION. Staff recommends that City Council adopt the attached resolution entitled," A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO WILLIAMS PIPELINE CONTRACTOR IN THE AMOUNT OF $474,860.00 FOR THE SANTA FE / STATE ST. WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5250, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ". Cou03%terlineAward RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO WILLIAMS PIPELINE CONTRACTOR IN THE AMOUNT OF $474,860.00 FOR THE SANTA FE / STATE ST. WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 05 -5250, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT" WHEREAS, the Santa Fe / State St. Water Main Improvement Street Improvement Project, Project No. 05 -5250 is scheduled for completion during the FY 2003 -2004, and WHEREAS, the Santa Fe / State St. Water Main Improvement Street Improvement Project is funded by Water Funds; and WHEREAS, the bid opening was held on August 21, 2003 and Williams Pipeline Contractor was the apparent lowest bidder at $474,860.00; and WHEREAS, a reference check has revealed that this contractor has the necessary experience for this type of project. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the contract for the Santa Fe / State St. Water Main Improvement Project, Project Number 05 -5250, be awarded to Williams Pipeline Contractor, for its low bid of $474,860.00. Section 2. That the Mayor is hereby authorized to execute the agreement between the City of Lynwood and Williams Pipeline Contractor Section'3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 2nd day of September 2003 ATTEST ANDREA L. HOOPER, City Clerk FERNANDO PEDROZA, Mayor APPROVED AS TO CONTENT APPROVED AS TO FORM: Lorry Hempe, City Manager City Attorney Yadollah Farhadi, RE City of Lynwood Director of Environmental Services/ City Engineer Cou03 WaterlineAward 0 • STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of , 2003, and passed by the following vote: AYES NOES ABSENT City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of 2003. City Clerk, City of Lynwood CouWWatertineAWard CITY OF LYNWOOD 11330 BULLIS RD. LYNWOOD, CALIFORNIA 310 6030220 BIDDERS ESTIMATE STREET IMPROVEMENT SANTA FE / STATE ST. r WATER MAIN IMPROVEMENT i i PROJECT # 05 -5250 a UNIT PRICE TOTAL 1 2 3 1 2 3 WILLIAMS PIPELINE CONTR. SOUTH. CA. UNDERGROUND CONTRACTOR _ JOHN T MALLOY WILLIAMS PIPELINE CONTR. SOUTH. CA. UNDERGROUND CONTRACTOR JOHN T. MALLOY _ # ITEM SOMIS Compton LOS ANGELES SOMIS Compton LOS ANGELES 1 INSTALL 12 INCH DUCTILE IRON PIPE 4,600 LF $6800 $8000 $7700 $312,80000 $368,00000 $354,20000 2 INSTALL 81NCH DUCTILE IRON PIPE 40 LF $300.00 $12500 $21000 $12,00000 $5,00000 $8,400.00 3 INSTALL 61NCH DUCTILE IRON PIPE 60 LF $15100 $12500 $200.00 $9,06000 $7,50000 $12,00000 4 INSTALL 4 INCH DUCTILE IRON PIPE 350 LF $55.00 $7000 $7000 $19,25000 $24,50000 $24,50000 5 INSTALL I' WATER SERVICE WITH 3/4' METER (NEAR SIDE) 21 EA $65000 $1,20000 $1,100.00 $13,65000 $25,20000 $23, WOOD 6 INSTALL 1' WATER SERVICE WITH 3/4' METER (FAR SIDE) 19 EA $80000 $1,600.00 $1,50000 $15,20000 $30,40000 $28,50000 7 INSTALL I'WATER SERVICE WITH I' METER 17 EA $80000 $1,700.00 $1,20000 $13,60000 $28,900.00 $20,40000 8 INSTALL I /2'WATER SERVICE WITH I 112" METER 6 EA $1,250.00 $1,75000 $2,00000 $7,50000 $10,50000 $12,00000 9 INSTALL 2'WATER SERVICE WITH 2' METER 1 EA $1,600.00 $1,80000 $2,50000 $1,60000 $1,80000 $2,500.00 10 INSTALL 2' WATER SERVICE AND CONNECT TO EXISTING MANIFOLD I EA $90000 $1,500.00 $2,00000 $90000 $1,50000 $2,00000 11 INSTALL FIRE HYDRANT ASSEMBLY 11 EA $3,50000 $3,200.00 $3,50000 $38,50000 $35,20000 $38,500.00 12 INSTALL FLUSHOUT HYDRANT 1 EA $2,00000 $2,00000 $3,00000 $2,00000 $2,00000 $3,00000 13 CONSTRUCT 12' PIPE ASSEMBLY FOR CLEARING OBSTRUCTION 8 EA $1,20000 $4,50000 $5,00000 $9,60000 $36,00000 $40,000.00 14 REMOVE AND RECONSTRUCT CATCH BASIN 4 EA $4,50000 $3,30000 $6,00000 $18,00000 $13,20000 $24,000.00 15 REMOVE AND RECONSTRUCT WATER SAMPLING STATION I EA $1,20000 $500.00 $1,10000 $1,20000 $50000 $1,10000 GRAND TOTAL $474,860.00 $590,200.00 $594,200.00 01`03WaterMainbids 1 OF 3 f f 7 A- I-A A J 7 CITY OF LYNWOOD 11330 BULUS RD LYNWOOD, CALIFORNIA 310 6030220 BIDDERS ESTIMATE STREET IMPROVEMENT SANTA FE / STATE ST. WATER MAIN IMPROVEMENT !- z 2 PROJECT # 05 -5250 z z a' UNIT PRICE TOTAL 4 5 6 4 5 6 ROBERT CASTONGIA INC. V ALVERDE CONSTR. W.A. RASIC ROBERT CASTONGIA INC. VALVERDE CONSTR. W.A. RASIC # ITEM DOWNEY S.F SPRINGS LYNWOOD DOWNEY SF SPRINGS LYNWOOD 1 INSTALL 12 INCH DUCTILE IRON PIPE 4,600 LF $9500 $9400 $9600 $437,00000 $432,400.00 $441,60000 2 INSTALL 81NCH DUCTILE IRON PIPE 40 LF $100.00 $226.00 $30200 $4,00000 $9,04000 $12,08000 3 INSTALL 61NCH DUCTILE IRON PIPE 60 LF $10.00 $8200 $16800 $60000 $4,92000 $10,08000 4 INSTALL 4 INCH DUCTILE IRON PIPE 350 LF $31.00 $71.00 $4800 $10,85000 $24,85000 $16,800.00' 5 INSTALL I'WATER SERVICE WITH 3/4' METER (NEAR SIDE) 21 EA $84000 $58000 $892.00 $17,64000 $12,18000 $18,73200. 6 INSTALL 1' WATER SERVICE WITH 3/4' METER (FAR SIDE) 19 EA $1,67600 $88000 $1,15200 $31,84400 $16.720.00 $21,888.00 7 INSTALL 1' WATER SERVICE WITH V METER 17 EA $1,110.00 $88000 $1.01900 $18,87000 $14,96000 $17,32300 8 INSTALL 1 1/2' WATER SERVICE WITH 1 1/2' METER 6 EA $1,95000 $1,30000 $1,48900 $11,70000 $7,800.00 $8,93400. 9 INSTALL 2' WATER SERVICE WITH 2' METER 1 EA $2,500.00 $200000 $2,25000 $2,50000 $2,00000 $2,25000 10 INSTALL 2'WATER SERVICE AND CONNECT TO EXISTING MANIFOLD 1 EA $1,90700 $2,20000 $1,35000 $1,90700 $2,20000 $1,35000 11 INSTALL FIRE HYDRANT ASSEMBLY 11 EA $3.69200 $4,30000 $4,50000 $40,61200 $47,30000 $49,50000 12 INSTALL FLUSHOUT HYDRANT 1 EA $1,70000 $2,500.00 $3,00000 $1,70000 $2,50000 $3.00000 13 CONSTRUCT 12' PIPE ASSEMBLY FOR CLEARING OBSTRUCTION 8 EA $3,95800 $2,800.00 $1,40000 $31,66400 $22,40000 $11,20000 14 REMOVE AND RECONSTRUCT CATCH BASIN 4 EA $5,68000 $11,300.00 $7,60000 $22,72000 $45,20000 $30,40000 15 REMOVE AND RECONSTRUCT WATER SAMPLING STATION 1 EA $60000 $2,00000 $1,950.00 $60000 $2,00000 $1,95000 GRAND TOTAL $634,207.00 $646,470.00 $647,087.00 CIPOMa[eNa,nmLa 2 OF 3 CITY OF LYNWOOD 11330 BULUS RD. LYNWOOD, CALIFORNIA 310 6030220 BIDDERS ESTIMATE STREET IMPROVEMENT SANTA FE / STATE ST a WATER MAIN IMPROVEMENT t 2 Z PROJECT # 05-5250 > > a UNIT PRICE TOTAL 7 8 9 7 8 9 MAJICH BROS. INC. ZONOIfl03 CORP COUCH & SONS, L.P MAJICH BROS. INC. ZONDIROS CORP COUCH 850NS, LP # ITEM ALTADENA TORRANCE GARDENA ALTADENA TORRANCE GARDENA 1 INSTALL 12 INCH DUCTILE IRON PIPE 4,600 LF $115.00 $120.00 $131.00 $529,00000 $552,000.00 $602,600 00 2 INSTALL 81NCH DUCTILE IRON PIPE 40 LF $90.00 $15000 $61400 $3,60000 $6,00000 $24,56000 3 INSTALL 6 INCH DUCTILE IRON PIPE 60 LF $80.00 $15000 $24800 $4,80000 $9,000.00 $14,88000 4 INSTALL 4 INCH DUCTILE IRON PIPE 350 LF $7000 $8500 $9600 $24,50000 $29,75000 $33,60000 5 INSTALL 1' WATER SERVICE WITH 3/4' METER (NEAR SIDE) 21 EA $425.00 $1,80000 $1,20000 $8,92500 $37,80000 $25,20000 6 INSTALL 1' WATER SERVICE WITH 3/4' METER (FAR SIDE) 19 EA $55000 $2,80000 $2,440.00 $10,45000 $53,200.00 $46,36000 7 INSTALL I' WATER SERVICE WITH I' METER 17 EA $60000 $1,80000 $1,300.00 $10,20000 $30,60000 $22,10000 8 INSTALL 1 1/2' WATER SERVICE WITH 1 112' METER 6 EA $1,20000 $1,800.00 $2,100.00 $7,20000 $10,80000 $12,60000 9 INSTALL 2' WATER SERVICE WITH 2' METER 1 EA $1,500.00 $1,800.00 $2,400.00 $1,50000 $1,80000 $2,40000 10 INSTALL 2' WATER SERVICE AND CONNECT TO EXISTING MANIFOLD 1 EA $800.00 $2,50000 $3,20000 $80000 $2,500.00 $3,20000 11 INSTALL FIRE HYDRANT ASSEMBLY 11 EA $2,50000 $4,50000 $5,10000 $27,50000 $49,50000 $56,10000 12 INSTALL FLUSHOUT HYDRANT 1 EA $1,50000 $5,80000 $3,57500 $1,50000 $5,80000 $3,57500 13 CONSTRUCT 12' PIPE ASSEMBLY FOR CLEARING OBSTRUCTION 8 EA $1,000.00 $3,50000 $2,40000 $8,00000 $28,00000 $19,20000 14 REMOVE AND RECONSTRUCT CATCH BASIN 4 EA $3,00000 $7,50000 $5,20000 $12,00000 $30,00000 $20,80000 15 REMOVE AND RECONSTRUCT WATER SAMPLING STATION 1 EA $1,000.00 $7,50000 $90000 $1,00000 $7,50000 $90000 Note: Zondlras Corp has an Incorrect total for bid item 1, ($550,000.00) The correct total for this bid item Is $552,000 00 also an incorrect grand total bid amount ( $846,750 00) Correct grand total amount is $854,250.00 GRAND TOTAL $650,975.00 $854,250.00 $888,075.00 1 CIP03WaterNainbmds 3 OF 3 poi [�i �uw a-V �[ ouo�DOaoau W1LL1HM5 F'1PEL1PG I"k2L 01 /01 `v� WILLIAMS SUVMYCOMFNNY INCORVOPNTED • O wOi ��70. �ON115. CN 900M 1006) 000-OLOD Ph Iwnl:T6d6.0 F�� August 25. 2003 City of Lynwood Office of the City Clerk 11330 Bullis Road Lynwood, CA 90262 Attn: Andrea Hooper RE: Water Main Improvement Project #05 -5250 FY2003 -2004 Williams Pipeline Contractors, Inc. is requesting to withdraw our bid on this project due to clerical error in adding in all pages of labor and equipment cost for items #1, and #13. I inadvertently missed adding all the pages of cost for these items. Had all the cost been added, our price would have been 586,000.00 higher. We regret having to withdraw our bid based on these clerical errors but feel we have no other choice but to make this request. Thank you. John H. Williams 0 0 DATE. September 2, 2003 TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM. Lorry Hempe, City Manager BY Yadi Farhadi, P.E., Director of Environmental Services /City Engineer Paul Nguyen, Public Works /Engineering Manager SUBJECT Traffic Improvements on El Segundo Boulevard Between Santa Fe Avenue and Alpine Avenue PURPOSE To have the City Council review staff's report on traffic improvements on El Segundo Boulevard between Santa Fe Avenue and Alpine Avenue. FACTS Staff has received request from a member of the City Council to review and implement measures to improve the traffic safety on El Segundo Boulevard at Alpine Avenue. At the present time, this 1500 foot long section of El Segundo Boulevard between Santa Fe Avenue and Alpine Avenue is considered as a residential street having a 40 foot roadway width. The prima faci speed limit is 25MPH. The street pavement is in good condition since it was last reconstructed in 1993 Staff noted that the traffic condition appears normal except for a few vehicles that appeared to travel at speed higher than the prima faci speed limit. Staff also reviewed the traffic accident history at the intersection of El Segundo Avenue and Alpine Avenue for the period from 1/1/99 to 7/03 Except for one broadside accident in the intersection, there was no other accident that could be prevented. During the site inspection, staff has identified the following improvements that would help improving the traffic safety on this street: 1 Repaint street centerline 2. Install 25 MPH speed limit signs at the beginning and middle of the street 3 Paint 25 MPH speed legends 4 Repaint all stop bars and legends in the vicinity of the El Segundo Avenue /Alpine Avenue 5 Check all street lights for proper functioning 6. Trim or thin all trees that block street lights 7 Install W5 sign (curve ahead) for eastbound traffic before intersection 8. Install W56 sign (double arrow) and N marker on Alpine Avenue at El Segundo Blvd. cou0319 3ENDA ITEM • RECOMMENDATION Staff recommends that the City Council receive and file staff's report on traffic safety improvements on El Segundo Avenue between Santa Fe Avenue and Alpine Avenue. Cou0319 cou0319 0 0 DATE. AUGUST 1, 2003 TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM. IRIS PYGATT, CITY TREASURER � /, //. SUBJECT INVESTMENT POLICY CITY OF LYNWOOD INTRODUCTION: The investment policies and practices of the City of Lynwood are based on state laws and principles of prudent money management. This statement is intended to provide guidelines for the prudent investment of the City's temporarily idle and surplus cash, while meeting the short and long -term cash flow demands of the City, and it is submitted annually for City review The primary goals of these policies are: To assure compliance with all federal, state, and local laws governing the investment of Monies under the control of the City Treasurer 2. To protect the principal and asset holdings of the City's portfolio. 3. To generate the maximum amount of investment income within the parameters of these Investment policies and guidelines for suitable investments. 4 To ensure that adequate liquidity is provided for the prompt and efficient handling of City disbursements. POLICY: Annually, in accordance with California Government Code (CGC) Section 53646, the Treasurer will render to the City Council a Statement of Investment Policy for consideration and approval at a public meeting. Any investments currently held at that time that does not meet the guidelines of this policy, as charged from time to time by the City Council, shall be exempt from the requirements of this policy However, at the investment maturity or liquidation, such funds shall be reinvested only as provided by this policy, which offer guidance to brokers and any external investment advisors on the investment of City funds. This investment policy applies to all investment activities of the City, except for the Employees Retirement and Deferred Compensation Funds are excluded because it is separately managed by a third party administrator This policy applies to all City funds, except for bond proceeds that are managed by trustees. Trustees must comply with the provisions of bonds indenture agreements. ITEM_ 0 0 SCOPE: Policy statements outlined in this document apply to the City's pooled funds, as well as other financial assets under the City Treasurer's control unless exempted by resolution or by statue. These funds are accounted for in the City of Lynwood Comprehensive Annual Financial Report and include: 3 1 Fund: 3 1 1 General Fund 3 1.2 Special Revenue Funds 3 1.3 Capital Project Funds 3 14 Enterprise Funds 3 1.5 Trust and Agency Funds 3 1.6 Retirement Pension Funds 3 1 7 Internal Service Funds PRUDENCE: The standard of prudence to be used by investment officials shall be the "prudent investor" standard (CGC Section 53600.3) and shall be applied in the context of managing an overall portfolio which states that: "Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligent exercise in the management of their own affairs, not for speculation, but for investment, considering the probable income to be derived" at the time of purchase, it is the City's intent to hold all investments until maturity to ensure the return of all invested principal. However, it is recognized that market prices of securities will vary depending on economic and interest rate condition at any point in time. The City Treasurer, and other individuals who may be designated to manage the City's investment portfolio, when acting within the intent and scope of this investment policy and other authorized written procedures, and when exercising due diligence, are relieved of personal liability for the individuals security's credit risk or market price change of a security or other investment, provided that deviations from expectations are reported to the City of Lynwood in a timely manner and that appropriate action is taken to mitigate unforeseen adverse conditions. 0 0 GOALS AND OBJECTIVES: Within the overriding requirement of compliance with all Federal, State and local laws governing the investment of moneys under the control of the Treasurer, and as specified in the (CGC Section 53600.5), when investing, reinvesting, purchasing, acquiring, exchanging, selling and managing public funds. Taking into account the City's daily and periodic cash -flow needs, the City desires to invest all temporarily idle funds at a close to 100% as is reasonable possible. The Major portion of the City's investment portfolio will consist of investment securities having maturates of one year or less. Longer term maturates are authorized, but may not generally exceed 15 % of the investment portfolio. The basis goal of the City's investment policy is to ensure safety and availability of temporarily idle funds when they are needed. The primary objectives, in priority order, of the investment activities shall be: a) Safety Safety of principal is the foremost objective of the investment program. Each investment transaction must seek to ensure that capital losses are avoided, whether from securities default, broker - dealer default, or erosion of market value. The City will endeavor to preserve principal by mitigating both credit risk and market risk, as specified below Credit risk, which is defined as the risk of loss due to insolvency or other failure of the issuer of a security, must be mitigated by purchasing investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the City's capital base and cash flow Market risk, which is defined as market value fluctuations, must be mitigated by limiting the average maturity of the City's investment portfolio to one year, limiting the maximum maturity of anyone security to one year, structuring the portfolio to take into account historic and current cash flow analysis, eliminating the need to sell securities for the sole purpose of short term speculation, b) Liquidity Because the City operates its own water utility and bills monthly for utility services, cash flow is generated on a daily basis. Historical cash flow trends must be compared to current cash flow requirements on an ongoing basis to ensure that the City's investment portfolio will remain sufficiently liquid to enable the City to meet all reasonable anticipated operating requirements. c) Return on the Investment: The investment portfolio shall be designed and managed with the objective of attaining a benchmark rate of return throughout budgetary and economic 3 • cycles, taking into account the investment objectives, authorized investments and the cash flow needs of the City DELEGATION OF AUTHORITY: In accordance with Section 53607 of the Government Code, the City of Lynwood management responsibility for the investment program is hereby delegated to the Treasurer, who shall be responsible for all transactions undertaken and shall establish a system of control to regulate the activities of subordinate officials, and their procedures in the absence of the Treasurer Under the provision of CGC Section 53600.3, the Treasurer is a trustee and a fiduciary subject to the prudent investor standard, The City may delegate to the City Treasurer the authority to invest or reinvest City funds for a one -year period. The Treasurer may delegate all, or a portion of his/her investment authority to a Deputy City Treasurer Prior to the delegation of the investment authority to a Deputy City Treasurer, the Treasurer shall notify the City Council and request confirmation of the delegation. Delegation of investment authority will not remove or abridge the Treasurer's investment responsibility INVESTMENT PROCEDURES: The Treasurer shall establish written investment policy procedures for the operation of the investment program consistent with this policy The procedures should include reference to safekeeping, wire transfer agreements, banking service contracts and collateral /depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer ETHICS: Elected officials, City officers and employees and any other individual involved in the investment operations are prohibited from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions, or which could give the appearance thereof Furthermore, these same individual shall disclose any material financial interests in financial institutions that conduct business within their jurisdiction, and they shall further disclose any large personal financial /investment positions that could be related to the performance of the City QUALIFIED DEALERS AND INSTITUTIONS: The City may transact business only with banks, savings and loans associations, and registered investment dealers. Any investments other than those purchased directly from an issuer must be • purchased from (i) an individual or entity licensed by the State as a broker - dealer, as defined in Section 25004 of the Corporations Code, and which is a member of the National Association of Securities Dealers, or (ii) from a member of a federally- regulated securities exchange, or (iii) a national or state - charted bank; or (iv) a federal or state association (as defined by Section 5102 of the Financial Code). Or (v) a brokerage firm designated as a primary government dealer by the Federal Reserve Bank. The City Treasurer must investigate and evaluate all financial institutions that desire to do business with the City in order to determine whether they are adequately capitalized, whether they make markets in securities that are appropriate to the City's needs, and whether they will agree to abide by the conditions and limitations set forth in the City's investment policy This may be accomplished by the following: a financial institution to complete and return an appropriate questionnaire, audited financial statements, proof of National Association of Security Dealers certification. AUTHORIZED AND SUITABLE INVESTMENTS: General, investments must be made in accordance with the "prudent investor rule" that is cited under the heading "Prudence." The City is subject to California Government Code, Sections 53600 et seq. Within the context of these limitations, the following investments are authorized, subject to the restrictions noted below: A. United States treasury bills, notes, and bonds, or similar instruments for which the full faith and credit of the United States is pledged for payment of principal and interest. There is no limitation on the percentage of the City's surplus funds that can be invested in these instruments. The maximum maturity period may not exceed 5 years. B. Obligation issued by banks for cooperatives, Federal land banks, federal intermediate credit banks, the Federal Home Loan Board (FHLB), and the Federal National Mortgage Association (FNMA). Although there is no percentage limitation on investments in these obligations, the "prudent investor rule" applies to obligations issued by any of these agencies, because U.S. Government backing is implied rather than guaranteed. C. Commercial paper rated "PI" by Moody's Investor Services and "AL +" by Standard & Poor, and issued by a domestic corporation having assets in excess of $500,000,000 and having an "AA" or better rating on its long -term debt as determined by Moody's or by Standard and Poor The purchase of eligible commercial paper may not exceed 180 days maturity nor represent more than 1 0% of the outstanding paper of an issuing corporation. The purchase of commercial paper not to exceed 15% of the City's surplus funds. D Negotiable certificates of deposit issued by a national or state - charted bank or a state or federal saving and loan association. Negotiable certificates of deposit may not exceed 30% of The City's total portfolio. Certificates purchased from a bank may not exceed the shareholder's equity in the bank. Certificates over $500,000 purchased from savings and loan association may not exceed the net worth of the association. A maturity limitation of 5 years is applicable. 0 ! E. State of California Local Agency Investment Fund (LAIF) is permitted, with the knowledge that the fund may invest in some vehicles allowed by statue but not otherwise authorized by the City Council in this (SIP). The Treasurer shall obtain from the State treasurer, no less than quarterly reports providingsufficient detail to adequately judge the risk inherent in the LAIF portfolio, and shall inform the City Council immediately of any risk noted that may warrant reconsideration of this investment vehicle. (Limits: Maximum concentration $30 million combined limit for all accounts.) F Investment in new Government sponsored pools will be subject to due diligence. A thorough investigation of the pool is required prior to investing, and on a continual basis. G. Funds held under the terms of a Trust Indenture or other contract or debt issuance agreement may be invested according to the provisions of those indentures agreements. H. The City may invest in non - negotiable time deposits that are collateralized as required by the California Government Code, and that are maintained in banks and savings and loans associations that meet the requirement for accepting deposits of public funds. Because time deposits are not liquid, no more than 25% of the City's temporarily idle funds may be invested in this category. I. Medium term corporate notes with a maximum maturity of 5 years my be purchased Securities eligible for investment must be rated AA or better by Moody's or Standard & Poor's rating services. Medium term notes may not exceed 305 of the market value of the City's portfolio, and not more than 15% of the market value of the portfolio may be invested in notes issued by anyone corporation. Commercial paper holdings must be included when calculating this 15% limitation. PROHIBITED INVESTMENTS: The City Treasurer is prohibited from the following: a) Corporate share of stocks, corporate bonds and reverse purchase agreements. b) Borrowing for investment purposes ( "Leverage ") is prohibited. c) Buying or selling securities "on Margin" is prohibited. d) Investing in any instrument, which is commonly known as a "derivative" instrument (options, Futures, swap, caps, floors, collars, U.S. Treasury strips, interest only bonds, interest only strips derived from mortgage pools), or any investment that may result in a zero interest accrual, even if held to maturity, is prohibited. e) Under the provision of CGC Sections 53601.6 and 53631.5, the City shall not invest any funds covered by this SIP in instruments known as Structured Notes (e.g. inverse floaters, leverage Floaters, structured CD's range notes, equity - linked securities). Any such investment are i Prohibited. • f) Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. COLLATERAL REQUIREMENTS: - Collateral is required for investments in certificates of deposit and repurchases agreements. In order to reduce market risk and provide a level of security for all funds, the collateralization level will be (102 %) 0 market value of principal and accrued interest. In conformity with the provisions of the Federal Bankruptcy Code that provide for the liquidation of securities held as collateral, the only securities acceptable as collateral are certificates of deposit, commercial paper, eligible bankers acceptances, and medium term notes or securities that are the direct obligation of, or are fully guaranteed as to principal and interest by, the United States or any City of the United States. Collateral will always be held by an independent third party with whom the City has a current custodial agreement. The right of collateral substitution is granted. DIVERSIFICATION: The Treasurer shall maintain a diversified portfolio to minimize the risk of loss resulting from over concentration of assets in a specific maturity, issuer, or security type. With the exception of U S. Treasury securities and authorized pools, no more than 50% of the City's total investment portfolio will be invested in a single security type or with a single financial institution. MAXIMUM MATURITIES: Every effort will be made to match investment maturities to cash flow needs. Matching maturities with cash flow dates will reduce the need to sell securities prior to maturity, thus reducing the market risk. Unless matched to a specific cash flow, the portfolio will not directly invest in securities maturing more than one year or less from the date of purchase (excluding LAIF). Reserve funds may be invested in securities exceeding one year if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. No portion of the portfolio may exceed five years. INTERNAL CONTROL: i 0 Internal policies and procedures shall be developed to assure that appropriate controls are in place to document and confirm all transactions. The Treasurer shall recommend establishing an annual process of independent review by an external auditor This review will provide internal control by assuring compliance with policies and procedures. PERFORMANCE STANDARDS: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with investment risk constraints and cash flow needs a) Investment Strategy The Portfolio's basis investment strategy is to buy and hold investments until maturity However, the Treasurer may sell a security due to adverse changes in credit risk or due to unexpected cash flow needs. b) Market Yield (Benchmark): Market average will be determined by year -end average rates of return from a combination of indices: Local Agency Investment Fund (LAIF), 3 -month and 6- month Treasury Bills. REPORTING: In compliance with Government Code Sections 53607 and 53646, the Treasurer shall provide the City Council quarterly investment reports which provide a clear picture of the status of the current investment portfolio. The management report should provide a condensed summary of the most important information in the report, plus a detailed report covering the following elements: I. A listing of individual securities held at the end of the reporting period by authorized investment category. 2. Average life and final maturity of all investments listed. 3 Coupon, discount or earnings rate. 4. Par value, Amortized Book Value and Market Value. Percentage of the Portfolio represented by each investment category INVESTMENT POLICY ADOPTION: The Treasurer shall annually render to the City Council a Statement of Investment policy as required in Section 53646(a) of the Government Code. The City's investment policy shall be adopted by resolution of the City Council and shall be reviewed annually, any modification made thereto must be approved by the legislative body 0 0 Glossary Active Deposits. Funds which are immediately required for disbursement. Active investment management. An investment strategy that involves the active trading of securities in an attempt to earn above - average returns on a portfolio. Active investment management requires frequent monitoring of financial markets. Agency A debt security issued by a federal or federally sponsored agency Federal agencies are backed by the full faith and credit of the U.S. Government. Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee. An example of federal agency is the Government National Mortgage Association (GNMA). An example of an FSA is the Federal National Mortgage Association (FNMA). Arbitrage. Generally, transactions by which securities are bought and sold in different markets at the same time for the sake of the profit arising from a difference in prices in the two markets. Bankers' Acceptances (BA's). Time drafts or bills of exchange that are accepted payment by banks engaged in the financing of international trade. BA's finance the importation, exportation, shipment or storage of foreign and domestic goods. BA's are usually backed by documentation such as invoices, bills of lading, or warehouse receipts. Upon acceptance by a bank -, a BA becomes an irrevocable and unconditional obligation of the accepting bank, while it is also an obligation of the drawer as well as any endorser thereof. Basis point. By common agreement, 0.01 % of yield on a fixed income security (1 /100 of 1 %). Bond Equivalent Yield (BEY). An annual yield, expressed as a percentage, describing the rectum provided to bond holders. A bond equivalent yield is double simple interest, semiannual yield. Since Treasury and agency notes and bonds pay interest semiannually, the bond equivalent yield is a way to compare yields from discount securities, such as Treasury bills and bankers' acceptances with yields available from coupon securities. From that usage, this yield measure is also known as the coupon yield equivalent. For securities that pay daily, monthly or quarterly interest, the bond equivalent yield understates the benefits obtained from the compounding of those investments. Book -entry clearance. A system for the transfer of ownership of securities through entries on the records of a centralized agency The centralized agency holds securities on behalf of their owners; A4ien the securities are sold, ownership is transferred by bookkeeping entry from the seller to the purchaser. In the case of U.S government, securities, securities certificates are not issued, and ownership of the securities is evidenced in computer records maintained by the Federal Reserve System. For other types of securities, book entry clearance is made available through linked or interfaced systems maintained by four securities depositories, which hold securities and act on behalf of their participants. Book -entry security A security which is not available to purchasers in physical form. Such a security may be held either as a computer entry on the records of a central holder (as is the case with U.S. certain government securities) or in the form of a single, global certificate. 0 0 Book value. The value at which a security is carried on the inventory lists or other financial records of an investor This value may be the original cost of acquisition of the security, or original cost adjusted by the amortization of a premium, or accretion of a discount. The book value may differ significantly from the security's current value in the market. Broker. A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position or take ownership of the security Certificate of Deposit (CD). A deposit of funds, in a bank or savings and loan association, for a specified term that eams interest at a specified rate or rate formula. Collateralization. Process by which a borrower pledges securities, property or other deposits for the purpose of securing the repayment of a loan and/or security Commercial Paper Unsecured short-term promissory notes issued by corporations, with maturities ranging from 2 to 270 days. May be sold on a discount basis or may bear interest. Firms with lower ratings or without well known names usually back their commercial paper with guarantees or bank letters of credit. Coupon rate. Interest rate, expressed as a percent4ge of par or face value, that issuer promises to pay over lifetime of debt security Credit Risk. The risk to an investor that an issuer will default in the payment of interest and /or principal on a security. Current Yield (Current Return). A measure of the simple interest annual yield for interest - bearing investments with maturities of one year or more. To calculate the current yield, the annual coupon interest income is divided by the amount paid to acquire the investment. It is important to note that the current yield is only accurate for investments purchased at par The current yield calculation includes just one income cash flow the annual interest income. It ignores the profit or loss resulting from discounts and premiums. Custody. The service of an organization, usually a financial institution, of holding (and reporting) a customer's securities for safekeeping. The financial institution is known as the custodian. Dealer An individual or firm who, as a matter of regular business, purchases or sells securities for his account and risk. Delivery versus payment (DVP). A settlement procedures where payment for a securities purchase is made simultaneously with the transfer of the purchased securities. The same procedure applies for a securities sale; the securities are transferred as payment is made. Derivative instrument. A security that derives its value from an underlying asset, group of assets, reference rate, or an index value. Some derivative instruments can be highly volatile and result in a loss of principal in changing interest rate environments. 10 0 0 Discount. The amount by which a bond sells under its par (face) value. Discount securities. Securities that do not pay periodic interest. Investors earn the difference between the discount issue price and the full face value paid at maturity Treasury bills, bankers' acceptances and most commercial paper are issued at a discount. Diversification. Dividing investment funds among a variety of securities, offering independent returns, to reduce risk inherent in particular securities. Effective Annual Yield. A seldom used expression to refer to the yield on an investment expressed on a compound interest basis. Fed Wire. Computerized network linking the Fed with its district banks, member banks, and primary dealers in government securities. Federal Agency Securities. A variety of securities issued by several Federally sponsored agencies. Some are issued on a discount basis and some are issued with coupons. Several have the full faith and credit guarantee of the U S government, although others do not. Federal Deposit Insurance Corporation (FDIC). A federal agency that insures bank deposits, Currently up to $ 100,000 per deposit. Federal funds (Fed Funds). Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same -day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Fed Funds Rate - Interest rate charged by one institution lending federal funds to another Floater A floating rate security with an interest rate that resets at specified intervals according to an underlying index, such as LIBOR (the London Interbank Offered Rate), and is based on a predetermined formula. The value of a floater will fluctuate as interest rates change and therefore can be very volatile. Inactive deposits. Funds not immediately needed to disbursement. Interest rate risk. The risk associated ), with declines or rises in interest rates which cause an investment in a fixed - income security to increase or decrease in value. Inverse floater A security that reacts inversely to the direction of interest rates. These securities can be very volatile and can lose value in a rising interest -rate environment. Leverage. An attempt to increase the rate of return on an investment by buying securities on margin or using borrowed funds for investment purposes. This practice can be risky if interest rates rise or if investment yields are lower than expected. 11 0 0 Liquidity The quality of an asset that permits it to be converted quickly into cash without a significant loss of value. Local Agency Investment Fund (LAIF). A special fund in the State Treasury which local agencies may use to deposit funds for investment and for reinvestment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $20 million for any agency It offers high liquidity because deposits can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are I deposited. Interest is paid quarterly via a check, warrant, or direct deposit to the agency's State ! Pooled Fund account. The State keeps an amount for reasonable costs of making the investments, not to exceed 1/4 of a percent of the earnings. Marketability The measure of ease with which a security can be sold in the secondary market. Mark -to- Market. The practice of valuing a security of portfolio according to its market value, rather than its cost or book value. Market Rate of Return. The average yield of the 3 -month U.S. Treasury Bill or other index that closely, matches the average maturity of the portfolio. Market Value. The price at which the security is trading and could presumably be purchased or sold. Maturity Date. The specified day on which the issuer of a debt security is obligated to repay the principal amount, or face value of, a security. Money Market Mutual Fund. Mutual funds that invest solely in money market instruments (short- term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repos and federal funds). Mutual Fund. An investment company that pools money and can invest in a variety of securities, including fixed- income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the following Securities and Exchange Commission (SEC) disclosure guidelines. Negotiable. Salable. Par Face value or principal value of a bond, typically $1,000 per bond. Passive investment management. An investment strategy where securities are bought with the intention of holding them to maturity or investments in benchmark products designed to yield a market rate of return. Principal. The face amount or par value of a debt instrument. 12 • Primary Dealer A small group of large banks and brokers that have pledged to make a market for any Treasury securities at any time. The are required to report their inventory positions and volume of activities to the Federal Reserve. Because of this, they are given the right to deal directly with the Federal Reserve in their daily operations. Prudent Investor Standard. A standard of conduct where a person acts with care, skill, prudence, and diligence when investing, reinvesting, purchasing, acquiring, exchanging, selling and managing funds. The test of whether the standard is being met is if a prudent person acting in a similar situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity Rate of return. The amount of income received from an investment, expressed as a percentage. A market rate of return is the yield that an investor can expect to receive in the current interest -rate environment utilizing a buy- and -hold to maturity investment strategy Public Securities Association. The bond market trade association, which publishes a Master Repurchase Agreement that is widely accepted as the industry standard. Rating. Judgment of creditworthiness of an issuer made by an accepted rating service. Repurchase Agreement (Repo). A form of secured, short-term borrowing in which a security is sold with a simultaneous agreement to buy it back from the purchaser at a future date. A master repurchase agreement is a written contract governing all future transactions between the parties and seeks to establish each party's rights in the transaction. Reverse Repurchase Agreement. A form of secured, short-term investment in which a security is purchased with a simultaneous agreement to sell it back to the seller at a future date. Safekeeping. A procedure where securities are held by a third party acting as custodian for a fee. Secondary Market. Markets for the purchase and sale of any previously issued financial instrument. The first sale of a financial instrument by the original issuer is said to be done a Primary market. All subsequent trades are said to be secondary market. Securities Investors Protection Corporation (SIPC). A private corporation providing insurance to brokerage firms to cover customer accounts up to $500,000 in securities (including (100,000 in cash). Swap. The trading of one asset, or cash flows, for another Sometimes used in active portfolio management to increase investment returns by "swapping" one type of security for another Also used to manage risk; for example, swapping fixed interest rate payments for floating rate payments. Total return. Interest income paid on the invested principal, plus interest income earned from the successive reinvestment of that interest income, plus projected capital gains (or minus losses) on the investment, Differs from yield to maturity because (1) it can include gains or losses from sales prior to maturity, and (2) it permits the assumption of a reinvestment rate different from the yield earned on the underlying principal. 13 • 0 Treasury Bills. Short-term U.S. government non - interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three- and six month bills are weekly, while auctions of one -year bills are monthly The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Notes. Intermediate U.S. government debt securities with maturities of one to 10 years and issued in denominations ranging from $ 1,000 to $1 million or more. Treasury Bonds. Long -term U.S. government debt securities with maturities of ten years or longer and issued in minimum denominations of $1,000. Currently, the longest outstanding maturity for such securities is 30 years. - Uniform Net Capital Rule. Securities and Exchange Commission 15C3 -1 outlining capital requirements for brokers. Weighted Average Maturity (W AM). The average maturity of all the securities that comprise a portfolio Yield. Loosely refers to the annual return on an investment expressed as a percentage on an annual basis. For interest - bearing securities, the yield is a function of the rate, the purchase price, the income that can be earned from the reinvestment of income received prior to maturity, call or sale and the time from purchase to maturity, call or sale. Different formulas or methods are used to calculate yield. See Yield to Maturity and Total Return Analysis. Yield -to- maturity The rate of return yielded by a debt security held to maturity when both the interest payments and the investor's potential capital gain or loss are included in the calculation of the return. 14 • RESOLUTIO*. A RESOLUTION OF THE CrrY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE TREASURER'S STATEMENT OF INVESTMENT POLICY WHEREAS, the Lynwood City Treasurer is responsible for the City's cash flow whereby funds are transferred from various accounts to meet operating obligations, and WHEREAS, the Treasurer is also responsible for the investment of idle cash, and WHEREAS, the City Treasurer has prepared guidelines for a prudent investment polic) and WHEREAS. the policy contains certain investment criteria, and WHEREAS the basic premise of the policy is to ensure the safety of funds and assure that the Cin s cash needs are met \ON. THEREFORE, the City Council do hereby find, proclaim, order and resolve as follow s .Section 1 Thai the Citt Treasurer's Statement of Investment Policy is hereby approved Section 2 This resolution shall eo into effect immediately upon its adoption PASSED. APPROVED and ADOPTED this day of MAYOR APPROVED AS TO FORM CITY ATTORNEY ATTEST ANDREA L HOOPER Ciry Clerk APPROVED AS TO CONTENT IRIS PYGATT City Treasurer 0 97 -200 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE TREASURER'S STATEMENT OF INVESTMENT POLICY WHEREAS, the Lynwood City Treasurer is responsible for the City's cash flow whereb funds are transferred from various accounts to meet operating obligations, and WHEREAS, the Treasurer is also responsible for the investment of idle cash, and WHEREAS, the City Treasurer has prepared guidelines for a prudent investment policy, and WHEREAS the policy contains certain investment criteria; and WHEREAS the basic premise of the policy is to ensure the safety of funds and assure that the Cm s cash needs are met fOIlONS NO", THEREFORE, the City Council do hereby find, proclaim, order and resolve as .Section I That the City Treasurer's Statement of Investment Policy is hereby approved .Cecrion : This resolution shall eo into effect immediately upon its adoption PASSED. APPROVED and ADOPTED this day of MAYOR APPROVED AS TO FORM CITY ATTORNEY ATTEST A -NDREA L HOOPER Citv Clerk APPROVED AS TO CONTENT BUS PYGATT City Treasurer C I T Y of L Y N W 0 0 D �I WARRANT DATE. 09 -02 -03 W A R R A N T R E G I S T E R PREPAIDS AND VOIDS WARRANT# AMOUNT VENDOR# VENDOR NAME DESCRIPTION INV DATE INVOICE AMOUNT 115806 - - 1610.00 4 47 C CENTRAL BASIN MUNICIPAL WATER V VOID /STALE DATED CHECK 0 09 -02 -03 - -1610 0 00 116174 - -26.00 1 1005 C COUNTY REGISTRAR- RECORDER V VOID /LIEN RELEASE FEES 0 09 -02 -03 - -26.00 117858 0 0.00 9 99999 S SPOILED S SPOILED 0 09 -02-03 0 0.00 117859 8 88.56 9 917 G GBS LINENS L LINEN SVCS. 0 08-13 -03 8 88.56 3 117860 1 168.50 9 940 J JAY'S CATERING C CATERING SVCS. 0 08 -13 -03 1 168.50 117861 1 149 7 79 9 940 J JAY'S CATERING C CATERING SVCS. 0 08 -13-03 1 149 7 79 117862 1 17624 1 14 _ _ 970 D DELTA DENTAL D DENTAL PREMIUM 0 00-13 -03 _ 17624 1 14 117863 1 1878.97 1 1022 S SYSCO C CATERING SVCS. 0 08 -13 -03 1 _ 1 117864 1 1500.00 3 3433 D DEL ATKINS E ENTERTAINMENT SVCS. 0 08 -13 -03 1 1500.00 • 117865 6 69 6 66 3 3553 N NEXTEL COMMUNICATIONS T TELEPHONE SERVICES 0 08 -13 -03 6 69 6 66 • 117B66 3 350.00 3 3648 C CHESTER L. LYONS W WEIGHTLIFTING INSTRUCTOR O OB -13 -03 3 350.00 117867 1 1312.93 4 4374 B BEST OF THE BEST R RENTAL SVCS. O OB -13 -03 1 1312.93 _ 117868 1 16668.00 4 4375 U UNIVERSAL MASS MEDIA CENTER A ADVERTISING SVCS. _ -13-03 1 16668.00 117869 2 228.62 4 4579 U U. S. FOODSERVICE O _ _ ___OB - OB -13 -03 2 228 6 62 117870 5 514 9 94 9 99999 A AT 6 T WIRELESS T TELEPHONE SERVICES 0 08 -13 -03 5 514 9 94 117871 _ 2 200.00 _ 99999 B BOMB ENTERTAINMENT _ ENTERTAINMENT_ SVCS. _ 08 -13-03 2 200 0 00 • 1'17872 6 68.91 9 _ 9 _ _ _ E _ 0 08 -13-03 6 68.91 • 117873 1 10.00 9 99999 C CONTRACT LAW FUND T TICKET 0 08 -13-03 1 10.00 T 117874 1 115.00 _ _99999 D DISCOTEC_A V ARTESANIAS R REFUND /FIRE CLEARANCE FEE 0 08 -13-03 1 115.00 _ .. __... __. .._ _____._. 117883 514.25 99999 FIESTA TRAVEL TRAVEL -L. __.. HEMPE OB -13-03 514.25 117882 452.25 99999 FIESTA TRAVEL TRAVEL- L.HEMPE 08 -13 -03 452.25 • 117883 __ _ _ 940. 00 _99999 NATIONAL LEAGUE OF CITIES REG -L. HEMPE _ 08 -13 -03 940.00 117884 200.00 4283 7HVRAS CATERING L CONCESSIONS CATERING SVCS. 09 -02 -03 200.00 117885 1905.20 937 EXCEL NURSERY - OPERATING SUPPLIES 09 -02 -03 1905.20 • 117886 19907 06 986 P E. R. S. RETIREMENT 5/24/03 09- 02- 03 19907 06 0 317887 62062.00 05 CITY NATIONAL BANK _ LEASE PAYMENT 06/03 OB -20 -03 _____ 62062.00 117888 3596.00 7 CALIFORNIA SECURITY, INC. SECURITY SVCS. 08 -20 -03 3596.00 + 117889 55813.48_ _ 47 CENTRAL _BASIN MUNICI __ CI IMPORTED WATER_ PURCHASE _ 08 -20 -03 _55813.48 . _ 0 17896 30719 03 172 CITY - OF LYNWOOD __ NORKER'8 _ COMP REIMB 08 -20 -03 30719 03 117891 456.53 203 CON DATA FORMS PRINTING SERVICES 08 -20 -03 456.53 11,7892 330152.24 205 PAYROLL FUND PAYRLL P.E. 8/16/ OB -20 -03 330152.24 a110T. ovv a cvi r=.iT Una" NCrLLNab"MLNI OS -20 -03 BOO 50 > 117894 54673. 54 279 U.S. DANK .LEASE PYMT 9/03 08 -20-03 54673. 54 117895 3542. 70 _ 891 COUNTY OF L. A. SHERIFF'S DEPT LAW ENFORCEMENT_ _ _ 08 -20 -03 __3542. 70 147896 1202.11 B91 COUNTY OF L.A. SHERIFF'S - DEPT LAW _ ENFORCEMENT 08 -20 -03 1202.11 __ 117897 602.45 917 GBS LINENS TABLECLOTHS RENTAL 08- 20 -03 602.45 117898 188.00 __ JAY'S CATERI _ CATERING_ SERVICES ____ __08 -20 -03 ____ __188.00 - 599 - 705.00 940 JAY'S CATERING CATERING SERVICES OB -20 -03 705.00 ______ 117900 44954.49 986 P E.R S. RETIREMENT P E. 8/2/03 08 -20 -03 44954 49 117901 1514 50 ___1119 CANADA LIFE LIFE INSURANCE 8/03_ _08 -20+3 _1514 50 _ , -- 1 17902 - -- 404.96 3553 NEXTEL CbMMOf7I� TELEPHONE * SERVICES bB -$6-03 - 404 96 117903 246.37 3553 NEXTEL COMMUNICATIONS TELEPHONE SERVICES OB -20 -03 246.37 317904 275.00 437 DEBT OF THE BEST E QUIPMENT RENTAL 08 -20 -03 275.00 a110T. ovv a cvi r=.iT Una" NCrLLNab"MLNI OS -20 -03 BOO 50 > 117894 54673. 54 279 U.S. DANK .LEASE PYMT 9/03 08 -20-03 54673. 54 117895 3542. 70 _ 891 COUNTY OF L. A. SHERIFF'S DEPT LAW ENFORCEMENT_ _ _ 08 -20 -03 __3542. 70 147896 1202.11 B91 COUNTY OF L.A. SHERIFF'S - DEPT LAW _ ENFORCEMENT 08 -20 -03 1202.11 __ 117897 602.45 917 GBS LINENS TABLECLOTHS RENTAL 08- 20 -03 602.45 117898 188.00 __ JAY'S CATERI _ CATERING_ SERVICES ____ __08 -20 -03 ____ __188.00 - 599 - 705.00 940 JAY'S CATERING CATERING SERVICES OB -20 -03 705.00 ______ 117900 44954.49 986 P E.R S. RETIREMENT P E. 8/2/03 08 -20 -03 44954 49 117901 1514 50 ___1119 CANADA LIFE LIFE INSURANCE 8/03_ _08 -20+3 _1514 50 _ , -- 1 17902 - -- 404.96 3553 NEXTEL CbMMOf7I� TELEPHONE * SERVICES bB -$6-03 - 404 96 117903 246.37 3553 NEXTEL COMMUNICATIONS TELEPHONE SERVICES OB -20 -03 246.37 317904 275.00 437 DEBT OF THE BEST E QUIPMENT RENTAL 08 -20 -03 275.00 WARRANT DATE 09 -02 -03 I+I PREPAIDS AND VOIDS C I T Y of L Y N W O 0 D W A R R A N T R E G I S T E R PAGE. 2 WARRANT# AMOUNT VENDOR# VENDOR NAME DESCRIPTION INV DATE INVOICE AMOUNT 117905 275.00 4374 BEST OF THE BEST EQUIPMENT RENTAL 08- 20 -03 275.00 117906 275.00 4374 BEST OF THE BEST 7979 7979 - EQUIPMENT RENTAL OB -20 -03 ___ 275.00 117907 22544.49 4492 ADMINISTRATIVE SVCS. CO -OP TAXI SERVICES 08 - 20 -03 22544 49 117908 150 00 4566 JENNIFER LACROIX BARTENDER SERVICES 08 -20 -03 150.00 7979____ 117909 368.05 8642 7979 ASSOLIATEO POWER, INC. POWER GENEfiATORRENTAL_ OS -20 -03 7979 368. 05 117910 909 30 4703 JONAKE'S FRENCH QUARTER CATERING SERVICES 08 -20 -03 909 30 117911 3332. 00 4737 HP AUDIO VIDEO VIDEO PRODUCTION SERVICES 08 -20- 033332. 796.55 00 117912 7979 0117913 7979 * 1350. 7979 00 _ 4737 HP AUDIO VIDEO _ 7979 _ _ 7979 _ VIDEO PRODUCTION 6ERVICES OB -20 -03 850.00 7979._- _117923 7 750 00 4803 LAWRENCE G. GOLDMAN BAND PERFORMANCE 08 -20 -03 750 00 117914 750 00 4804 CBA SOUNDSERVICES SOUND SYSTEM RENTAL OB -03 750.00 .2B 117415 3 3213.18 9 99999 D DIVERSIFIED DIRECT S SAMPLE BALLOTS 0 08 -20 -03 3 3213.18 117916 3 303.98 9 99999 H HAMPTON INN - KANSAS L LODGING- BOXING CLUB O OB -20 -03 3 303.98 117917 1 1259.73 9 99999 K KANSAS CITY AIR HI LTON L LODGING- BOXING 0 08-20 -03 1 1259 7 73 117918 1 1100 9 99999 L 79 N 7979 .___ -.7979_ FLORAL ARRANGEMENT O OB -20 -03 1 _. 7 7979____ 117919 5 500.00 9 99999 L LYNWOOD HIGH CHEER LEADING E ENTERTAINMENT FEE 0 08 -20 -03 5 500.00 117920 7 720 0 00 9 99999 P POSTCARDBUILDER P POSTCARDS PURCHASE 0 08 -20 -03 7 720 0 00 117921 7 796.55 9 99999 P 7979 7979 _ 7979_ _ _ _ _ 796.55 117922 3 3108.00 9 99999 S SERGIO OROPEZA R REIM- AIRLINE TICKET O OB -20 -03 3 3108.00 _117923 7 7979 60.28 9 99999 T THE FRANCHISE TAX BOARD _ VENDOR /TAX WITHHOLD 0 08 -20 -03 7 60 . 117924 1 1611 7 71 2 208 P _ V __. __7911. 7979 _ _ 6 .2B 117925 1 1769 8 89 9 99999 A AMERICAN EMBLEMATIC P PROMOTIONAL ITEMS 0 09 -02 -03 1 1769 8 89 14273.25 0 005 S SHAN K THEVER_ & ASSOC L LEGAL SERVICES _ OB -21 -03 1 14273.25 __117926 7979 1 1550 2 26 1 _ ANZA RENTS C _ 7979 O __ 1550.26 117928 2 2711.00 1 1209 S STAR PHOTO UNLIMITED P PHOTOGRAPHY SERVICES 0 08 -21 -03 2 2711 0 00 117929 5 52.32 3 . 79 79 _ 3356 A AT &T WIRELESS _ SERVICES _ OB -21 -03 5 52.32_ 59 1 _ _ _TELEPHONE S 7979 . _ _. TOTAL. 756443.74 C I T V - o f WARRANT DATE. 09 -02 -03 W A R R A N T WARRANT# AMOUNT VENDOR# VENDOR NAME L V N W 0 0 D - R E C I 8 T E_R- _- �_____. PAGE: 3 DESCRIPTION INV DATE INVOICE AMOUNT 117935 2 275.23 4 4714 5 5500 DISTRIBUTION S SANITARY SUPPLIES 0 09 -02 -03 2 275.23 117936 1 140.73 4 409 A A -1 COAST RENTAL R RENTAL EQUIPMENT 0 09 -02 -03 1 140.73 117937 5 50.00 3 3253 H HECTOR ABARCA P PLANNING COMM MTC B/12/03 0 09 -02-03 5 50.00 _ - - _ -__ C I_ T_ _ ._ . . . Y_ of L Y N W O O D _ .. ____- _ WARRANT DATE. 09 -02 -03 W A R R A N T R E G I S T E R PAGE. 4 WARRANT# AMOUNT VENDOR# VENDOR NAME DESCRIPTION INV DATE INVOICE AMOUNT 117984 50.00 4509 VICTOR GOMEZ PLANNING COMM MTG 8/12/03 09 -02 -03 50.00 117905 750.00 4496 GOVPARTNER REQUEST PARTNER SYSTEM 09 -02 -03 750 00 117986 _ 33.00 99999 GRANT TAYLOR MTG- PLANNING COMM 09- 02- 0333.00 117987 50.00 4505 _ _ _ _ MARIO GUTIERREZ _ CDBG COMM MTG 8/6/03 09 -02 -03 50 00 117988 50.00 3405 JOANETTE GUTIERREZ CDBG BOARD MTO 8/6/03 09 -02 -03 50 00 117989 50.00 4766 SYLVIA HERRON CDBG COMM MTG 8/6/03 09 -02 -03 50 00 117990 1556.64 99999 HEWLETT - PACKARD HP- LASERJET PRINTER 09 -02 -03 1556.64 117991 772.10 804 HOME DEPOT BUILDING MATERIALS 09 -02 -03 772.10 117992 643.60 4592 J & G GRAPHIC'S PRINTING SERVICES -02 -03 643.60 117993 IOI 71 453 JERRY'S SIGN & DESIGN STREET BANNERS _09 09 -02 -03 101 71 17994 50 00 4721 ALBERT JIMENEZ PUBLIC SAFETY MTG 8/11/03 09 -02 -03 50 00 117995 1159 20 3439 JOBS AVAILABLE INC. ADVERTISING SVCS. 09 -02 -03 1159 20 117996 77 68 136 _ JONES LUMBER BUILDING MATERIALS 09 -02 -03 77 68 117997 50.00 4549 DALE JONES PUBLIC SAFETY MTG 8/11/03 09 -02 -03 50.00 __117998 _ 1047 94 4793 KUSTOM IMPRINTS_ PRINTING SERVICES 09 -02 -03 94 117999 101 74 4620 _ _ LLOVIO FORD _ AUTO PARTS 09 -02 -03 _.1047 101 74 118000 19298.00 80 LOS ANGELES METROPOLITAN BUS VOUCHERS 09 -02 -03 19298 00 118001 53.18 1792 LOS ANGELES COUNTY ASSESSOR MAP UPDATES 09 -02 -03 53.18 118002 750.00 4771 LUKAS INT , CORPORATION STREET BANNERS PURCHASE 09 -02 -03 750.00 118003 31 28 170 LYNWOOD RENTAL CENTER FERTILIZER BAGS 09 -02 -03 31 28 118004 1200.00 99999 LYNWOOD WORSHIP CENTER REFUNDABLE DEPOSIT__ 09-02 -03_ 118005 50 00 3355 DR. CARLOS MANLAPAZ CDBG COMM MTG 8/6/03 __ __ 09 -02 -03 ,._1200.00_ 50 00 118006 70.00 99999 MARIA G SANCHEZ REFUND- PARKING CITATION 09 -02 -03 70.00 118007 281 45 3404 MANUEL R. MEJIA BUSINESS CARDS 09 -02 -03 281 45 118008 11253.94 183 MELAD & ASSOCIATES PLAN CHECKING SERVICES 09 -02 -03 11253.94 118009 50.00 4510 JIM MORTON PLANNING COMM MTG 8/12/03 09 -02 -03 50 00 118010 207.62 3442 MYERS TIRE_ SUPPLY CO AUTO PARTS 09 -02 -03 207 62 118011 041 31 4615 NAPA AUTO PARTS AUTO PARTS 09 -02 -03 841 31 118012 23340.07 973 NATIONWIDE ENVIRONMENTAL SVCS. TRASH PICK -UP 09 -02 -03 23340.07 _118013 7245.00 4023 NBCE CONSULTANT SERVICES 09 -02 -03 7245.00 118014 24427 45 4325 NINYO & MOORE PROFESSIONAL SVCS. __ 09 -02 -03 24427 45 1987 50 126 OFFICE MAX OFFICE SUPPLIES 09 -02 -03 1987 50 o 118015 18016 _ - i-_ _ 904 78 - 1132 OFFICE DEPOT _. ____- OFFICE SUPPLIES 09 -02 -03 904 78 118017 50.00 4506 AIDE ORTIZ _ -DBG _ C _ O _.._ M ___ _____, __. CM MTG _ 8/6/03 _ _. -- 09 -02-03 50 00 118018 235.99 4445 PARAGON TONER OFFICE SUPPLIES 09 -02-03 235.99 118019 0157 BRENDA J. PETERSON PRINTING SERVICES_ 09 -02 -03 _ __ ___ 1 18020 _3608._55 _ 71 95 _ 605 .__- _____ _ _ PRA %AIR DISTRIBUTION - OXYGEN PURCHASE 09 -02 -03 ___3_6 71 _ 95 118021 34.00 4802 PREFERRED DELIVERY SYSTEMS COURIER SERVICES 09 -02 -03 34.00 118022 92 33.30 4616 RANCO CORPORATION 10% RETENTION__ 09_02 -03__ 9233_30 - �1�023� 50.00 _ 3257 WILLARD H. REED _ _ _ PLANNING COMM MTG 8/12/03 09 -02 -03 50.00 __ ILS024 150.92 143 RHW & ASSOCIATES TELEPHONE ACCESSORIES 09 -02 -03 150 92 118025 1313.50 1226 RICHAR WATSON & GERSHON LEGAL SERVICES 09 -02 -03 71B026 21 70 _ 4277 BIERRA BPRINGB BOTTLE WATER PURCHASE 09 -0¢ -03 _1313._50 21 70 "''118027 5410.00 1220 SIMPSON & SIMPSON PROFESSIONAL SERVICES 09 -02 -03 5410.00 fl2 118028 149 00 99999 SKILLPATH SEMINARS REO- H.COLBERT o9 -n2 -n3 ' 149 nn 118030 197 88 4460 SO CAL UNIFORM RENTAL UNIFORM RENTALS 09 -02 -03 197 88 118031 152.90 3549 SPARKLETTS BOTTLED WATER PURCHASE 09 -02 -03 152.90 WARRANT DATE. 09 -02 -03 - W A R R A N T R E 0 1 S T E R PACE. 5 f l WARRANT# AMOUNT VENDOR# VENDOR NAME DESCRIPTION INV DATE INVOICE AMOUNT 118033 503.36 3931 THE LIGHTHOUSE STREET LIGHT PARTS 09 -02 -03 503 36 i 118034 75.78 1145 UNISOURCE MAINT SUPPLY SYSTEMS OPERATING SUPPLIES 09 -02 -03 75.78 118035 330.00 99999 VICTOR POSADAS REFUND-PARKING CITATION 09 -02 -03 330 00 118036 289 60 168 WAVE COMMUNITY NEWSPAPER ADVERTISEMENT SYCB. 09 -02 -03 289 60 118037 230 00 425 JORGE L WEBSTER BEE REMOVAL SERVICES 09 -02 -03 230 00 118038 50.00 4550 KENNETH WEST PUBLIC SAFETY MTG 8/11/03 09 -02-03 50.00 118039 735.00 293 WESTERN EXTERMINATOR EXTERMINATOR SVCS. 09 -02-03 735.00 118040 204 36 99999 WHO MOVED MY CHEESE READING BOOKS PURCHASE 09 -02 -03 204 36 118041 45.00 306 XEROX CORPORATION XEROX LEASE AGREEMENT _ 09 -02 -03 45.00 18042. 850.00 99999 ZAINO TENNIS COURTS, INC OPERATING SUPPLIES 09 -02 -03 850.00 1204846.90 1204846.90 _ PREPAID' 117859- 117934 SPOILED 117858 VOIDS 115806,116174 C I T Y of L L Y N W 0 0 D _ _ _ _ _ • a Date September 2, 2003 To THE HONORABLE MAYOR AND M MBERS OF THE LYNWOOD CITY COUNCIL From. Lorry Hempe, City Manager By Yadi Farhadi, P.E., Director of Environmental Services /City Engineer Oretha Landers, Department of Environmental Services Subject: Comprehensive Traffic Safety Program Grant Award by the State of California Office of Traffic Safety (OTS) PURPOSE: To request that the City Council receive and file staff's report on the award of a Comprehensive Traffic Safety Grant in the amount of $160,000 and to direct staff to prepare the necessary contract amendment with the Sheriff's Department for the implementation of the program by the Los Angeles County Sheriff's Department, Lynwood Division. BACKGROUND: The Office of Traffic Safety (OTS) awarded the City of Lynwood $160,000 grant funds to implement a traffic safety program. The program is to undertake and successfully implement a traffic safety project designed to lower deaths, injuries and property damages resulting from traffic collisions. The Lynwood Sheriff's Department will implement the program by providing education and enforcement efforts. The goal of the program is to reduce alcohol involved fatal and injury traffic collisions, and to increase bicycle helmet, seat belt and child seat compliance. ANALYSYS The Lynwood Sheriff's Department has tried programs that address traffic safety in recent years. However, there is an increase in children fatalities and injuries resulting from vehicle collisions. However, due to budget constraints, high frequency of serious criminal activities, traffic safety has become a lower priority in the order of importance Since additional funds have become available; traffic safety programs, such as DUI check points; pedestrian enforcement operations, bicycle rodeos, and child seatbelt safety checkpoints, dramatic effects can be realized. RECOMMENDATION: Staff recommends that the City Council receive and file staff's report on the award of the Comprehensive Traffic Safety Program Grant and direct staff to make the ne AG arrangements with the Sheriff's Department for the implementation of the Program. EN[ ITEM GRAY DAVIS Governor 9 Department of Alcoholic Beverage Control Department of Corporations �� , nartment of Financial Institutions fornia Highway Patrol ualifornia Housing Finance Agency Department of Housing 8 Community Development Department of Managed Health Care STATE OF CALIFORNIA MARIA CONTRERAS -SWEET Secretary Department of Motor Vehicles Office of the Patient Advocate Department of Real Estate Office of Real Estate Appraisers Stephen P Teale Data Center Office of Traffic Safety Department of Transportation BUSINESS, TRANSPORTATION AND HOUSING AGENCY October 1, 2002 Honorable Zev Yaroslaysky Chairperson, Board of Supervisors Los Angeles County 500 West Temple Street Los Angeles, CA 90012 RE. Project Nos. AL0324, PS0311 Dear Mr Yaroslaysky• On behalf of the State of California, congratulations on receiving final approval of your traffic safety grants as part of California's Traffic Safety Program. Traffic safety has long played a vital role in the health and prosperity of our great state. Our safe and livable communities, our vibrant economy, and our unparalleled natural environment all depend on the safe, unfettered movement of people, goods and services throughout the state. We are excited by the innovative and results -driven program you will be implementing in the next year and assure you that the Business, Transportation and Housing Agency and its Office of Traffic Safety (OTS), are committed to helping you achieve success. Your success benefits all Californians. We all recognize that it is in large measure, through the dedication of traffic safety professionals and advocates like yourself that we will continue to save lives and reduce injuries on California roads. Sincerely, nw� ccxz MARI CONTRERAS -SWEET Secretary Enclosures cc: OTS Director's Office 980 9th Street, Suite 2450 • Sacramento, CA 95814 -2719 (916)323 -5400. 1 (800) 924-2842 • Fax: (916) 323-5440 FLEX YOUR POWER! gg-� BF ENERGY EFFICIENT! State of California r� Business, Transportation & Housing Agency ° �- p PROJECT NUMBER OFFICE OF TRAFFIC SAFETY AL0324 GRANT AGREEMENT PAGE 1 (To be completed by applicant Agency) 1. PROJECT TITLE COMPREHENSIVE TRAFFIC SAFETY PROGRAM 2. NAME OF APPLICANT AGENCY 4. PROJECT PERIOD CITY OF LYNWOOD Month — Day - Year From: 05 -01 -03 3. AGENCY UNIT TO HANDLE PROJECT CITY OF LYNWOOD, DEPARTMENT OF ENVIRONMENTAL SERVICES To: 03 -31 -05 5. PROJECT DESCRIPTION (Summarize the project plan covering the objectives, method of procedures, evaluation, and end product in approximately 100 words. Space is limited to 11 lines.) The City of Lynwood and Century Sheriffs Station will formulate a plan to address traffic safety concerns of the City of Lynwood. We will develop a comprehensive program that will focus on education and enforcement efforts. The goal of the program is to reduce alcohol involved fatal and injury traffic collisions, and to increase the bicycle helmet, seat belt, and child seat compliance. Traffic Safety presentations will be made to several schools, low cost bicycle helmets and child safety seat programs will be initiated. This program will help those who cannot afford to purchase safety equipment and , ould otherwise operate in an unsafe manner. Several DUI check - points along with enhanced traffic safety entorcement wt11 oe conauctea. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED: $ 160,000.00 7. APPROVAL SIGNATURES A. PROJECT DIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Yadi Farhadi PHONE: (310) 603 -0220 NAME: Lorry Hempe PHONE: (310) 603 -0220 TITLE: Director of Env Srvcs. /C.E. FAY; (310) 639 -6957 TITLE: City Manager FAX. (310) 635 -6832 ADDRESS. 11330 S. Bullis Road ADDRESS: 11330 Bullis Road LYNWOOD, CA 90262 Lynwood, CA 90262 E NIAIL. YFarhadi @lynwood.ca.us E-MAIL. LHempe @lynwood.ca.us r a44* - 6 Z�/M C � I�1 (Signature) (Date) (Signature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Alfretta F. Earnest PHONE:(310) 603 -0330 NAME: Iris Pygatt, City Treasurer TITLE: Assistant City Manager FAX. (310) 886 -0402 ADDRESS: 11330 Bullis Road ADDRESS: 11330 Bullis Road Lynwood, CA 90262 Lynwood, CA 90262 E -MAIL: AEarnest @lyn od.ca.us (Signature) (Date) OTS -38 (Rev 11/99) Page 2 (Office of Traffic Safety l e Only) EFFECTIVE DATE OF AGREEMENT 5/1/2003 GRANTEE LYNWOOD PROJECT NO. AL0324 8. / m No. 1 Date: 6/20/2003 10. TYPE OF AGREEMENT1 Initial I X I Revision Cont. FUND PROGRAM TASK NO FY Revision No. Date: 164 03 -AL 1 2 2003 9. Action Taken 11 FUNDING DISPOSITION & STATUS Fiscal Year Amount Initial approval 2003 HSP funds obligated. 2002 -03 91,725.00 2003 -04 68,275.00 Total 160,000.00 Obligated This Action 91,725.00 Previously Obligated 0.00 Total Amount Obligated 91,725.00 Amount Suspended 68,275.00 State FY 2002 -03 2700 - 101 -0890 (379/02) TOTAL FUNDS PROGRAMMED 160,000.00 Federal Catalog No. 20.600 12. BUDGET SUMMARY (From Schedule B Detail) - FISCAL YEAR GRANT PERIOD ENDING: 9/30/2003 2003 2002 -03 TOTAL PROJECT COST CATEGORY GRANT PERIOD PRIOR GRANT TOTAL GRANT BUDGET ESTIMATE A. Personnel Costs 0.00 0.00 0.00 0.00 B. ...gel Expenses 0.00 0.00 0.00 0.00 C. Contractual Services 59,275.00 0.00 59,275.00 118,550.00 D. Nonexpendable Property 15,000.00 0.00 15,000.00 15,000.00 E. Other Direct Costs 17,450.00 0.00 17,450.00 26,450.00 F Indirect Costs 0.00 0.00 0.00 0.00 OTAL FEDERAL FUNDS 91,725.00 0.00 91,725.00 160,000.00 13. PROJECT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: PATRICIA MORA REY NAME: CHRISTOPHER J MURPHY TITLE: Regional Coordinator TITLE: Deputy Director PHONE: (916) 262 -0981 E -MAIL. pmora @ots.ca.gov e of Traffic Safety Office of Traffic Safety 70 Franklin Blvd., Suite 440 7000 Franklin Blvd., Suite 440 Sa nto, C/A�9 Sacramento, CA 95823 Signature el Signature C /� OTS -38a' (Rev 5/98) • SCHEDULE A • PROJECT No: AL0324 PROJECT DESCRIPTION PAGE 2 PROBLEM STATEMENT Century Sheriff's Station provides service to the City of Lynwood and we are losing the traffic safety battle. Lynwood is one of the most populated cities in Los Angeles County with a population of 69,845 documented residents and an undocumented immigrant population of approximately 7,100 residents resulting in a total population of approximately 77,000 residents. The majority of the city consists of lower incomes with an average median income of less than $25,000 00 The city is 4.9 Square miles and is serviced by 96 Miles of paved roadway including two freeways and a light rail system that significantly raises commuter traffic within the city In addition, the "Alameda Corridor" travels through our city with a large amount of commercial vehicle transportation. Finally, St. Francis Hospital is one of the only regional hospitals with a trauma center They handle a large volume of patients from the surrounding communities. The hospital is located in the heart of the city and vehicle /pedestrian traffic is significantly elevated as a result. The city has ten public elementary schools, two public middle schools and one public high school operating on a traditional school calendar The city accepts students from surrounding communities, which increases the amount of traffic in the city during school hours. Based upon enrollment records, the student population is approximately 28,000 with 14% of the student population being African American and 72 % Hispanic American the remainder percentage is Caucasian or other ethnic group. Due to budget constraints, we have been unable to provide the necessary traffic safety educational materials, which are culturally sensitive and bilingually printed. The ethnicity of the Lynwood community is 13.5 % African American and 85 % Hispanic American with the remainder of the population being Caucasian or other ethnic groups. A majority of the Hispanic communities primary language is Spanish or limited English. The city has a small number of industrial and business areas and the Lynwood Regional Justice Center is located within the city This compounds the day and evening commuter traffic by approximately 150 thousand additional vehicles traveling within our city limits on any given day We have tried to implement a few programs that deal with traffic safety in the recent years because we recognized the need due to our rise in children fatalities and injuries resulting from vehicle collisions. However, due to budget constraints in addition to the large amount of serious criminal activities (homicides, gangs and drugs) traffic safety is sometimes one of the lowest concerns in the order of importance. If we were able to use additional funds to perform traffic safety oriented programs such as; DUI check points, pedestrian enforcement operations, bicycle rodeos, and child seatbelt safety check points, we could have a dramatic effect on improving the safety and quality of life for the City of Lynwood city residents. OTS -38b (Rev 10/99) 0 SCHEDULE A PROJECT No: AL0324 0 PROJECT DESCRIPTION PAGE 3 The top ten collision intersections for the year 2002 have been identified and listed below Long Beach Blvd. at Imperial Highway (31) Sanborn Ave. at Long Beach Blvd. (21) Imperial Highway at Atlantic Ave. (18) Martin Luther King Jr Blvd. at California Ave. (17) Martin Luther King Jr Blvd. at Imperial Highway (13) Martin Luther King Jr Blvd. at Atlantic Ave. (11) Imperial Highway at California Ave. (9) Imperial Highway at Jackson Ave. (9) Long Beach Blvd. at Los Flores Ave. (9) Long Beach Blvd. at Josephine St. (8) 2001 OFFICE OF TRAFFIC SAFETY RANKINGS FOR LYNWOOD COLLISION TYPE TOTALS RANKING BY VMT NKING BY ULATION Total F &I 288 20/92 2 ;48/92 Alcohol Involved 33 9/92 Speed Related 61 52/92 2 Ni httime 33 19/92 2 Hit & Run 51 3/92 10/92 HBD under 21 2 53/92 78/92 HBD 21 -34 17 4/92 27/92 VICTIMS Pedestrians 43 2/92 8/92 Pedestrians over 6-5 4 12/92 25/92 Pedestrians under 15 23 1/92 1/92 Bicyclists 13 51/92 74/92 Bicyclists under 15 6 19/92 45/92 DUI ARRESTS 169(040%) 28/92 OTS -38b (Rev 10/99) 0 0 SCHEDULE A PROJECT NO: AL0324 PROJECT DESCRIPTION PAGE 4 ATTEMPTS TO SOLVE THE PROBLEM The Sheriffs Department has implemented several programs that deal with traffic safety in recent years due to a rise in child fatalities and injuries resulting from vehicle collisions. However, due to tight budget constraints, and a consistently high level of serious criminal activities, (i.e., homicides, gangs and drugs), traffic safety is sometimes relegated to a lower level of concern. Additional funding would provide the Sheriff s Department to perform traffic safety oriented programs such as; DUI check points, pedestrian enforcement operations, bicycle rodeos, and child seatbelt safety check points. As a result, the additional programs could have a dramatic effect on improving the traffic safety and quality of life for all residents traveling within the City of Lynwood. • Currently the Sheriff s Department have five deputies who are trained drug recognition experts /instructors. • Currently the Sheriffs Department have four hand -held radar devices and three laser devices. • Traffic units have conducted selective traffic enforcement. • Locations with high incidents of accidents, have been identified and targeted for added enforcement • Presentations have been made at local schools detailing plans for increased student safety during drop off and pick up times • Three Sheriff deputies received awards from MADD for increasing DUI arrests in the past year PROJECT GOALS To reduce the total fatal and injury collisions by 15 % from the 2001 base year of 288 to 245 by 12/31/04 2. To reduce alcohol - involved fatal and injury collisions 15 % from the 2001 base year of 33 to 28 by 12/31/04 3 To reduce fatal or injury hit and run collisions by 15 % from the 2001 base year of 51 to 44 by 12/31/04 4 To reduce the total number of pedestrians killed and injured in traffic collisions 15 % from the 2001 base year of 43 to 37 by 12/31/04 5 To increase the bicycle helmet compliance rate for children under 18 years of age by 15 percentage points from the percentage set during the first survey by 12/31/04 Surveys will be conducted every six months thereafter during the grant. 6. To reduce the child safety seat misuse rate by 10 percentage points from the established base rate of 87% to 77 % by 12/31 /04 7 To solicit the participation and cooperation of community -based organizations, community leaders and volunteers in a traffic safety project that will have a lasting effect on the community by December 1, 2004 PROJECT OBJECTIVES I To conduct a press conference or other media event by June 30, 2003 to kick off or publicize the Office of Traffic Safety Grant provided for the city of Lynwood. 2. To use local bilingual volunteers and in -house City Staff to assist in the translation of educational programs to local schools. All efforts will be made to select Lynwood area volunteers from at least three community -based organizations by September 30, 2003 3 To develop and produce for distribution, culturally sensitive, bilingual educational /promotional items in support of the program objectives and activities by Decemb 3 1, 2003 OTS -36b (Rev 10/99) 0 SCHEDULE A PROJECT No: AL0324 0 PROJECT DESCRIPTION PAGE 5 To conduct at least four DUI checkpoints by September 30, 2004 The following data will be reported quarterly to OTS. • Vehicles Passing Through the Checkpoints • Vehicles Screened • Field Sobriety Tests • DUI Arrests 5 To have six persons certified as NHTSA Child Passenger Safety Technicians by September 30, 2004 6. To conduct seat belt and child passenger safety enforcement training for 15 patrol officers by December 31, 2003 7 To conduct five publicized child safety seat checkups during the grant by 3/31/05 8. To develop two community events to demonstrate proper child safety seat use per each grant year, one in each City Park that will be publicized by the media. 9 To conduct 12 schools based bicycle and pedestrian rodeos with a traffic simulation course for grammar school impacting approximately 1,200 students (approx.6 per school year) by 3/31/05 10 To properly fit and distribute 600 bicycle helmets (300 per year) to students /participants at rodeo events by 02/28/05 11 Develop an information/education program for parents that will address bicycle helmet laws and their use. This would coincide with the bicycle rodeos. 12. To develop traffic safety program "Student Valet Program" and materials to be adopted as an on -going program for elementary school students in the Lynwood Unified School District by March 30, 2004 13 To notify OTS of all "saved by" events involving bike helmets, seat belts, airbags, and child safety seats. 14 To e -mail or fax all press releases or media advisories /alerts to the Regional Coordinator for approval in advance of release at least one week prior to any event. 15 To develop a car booster seat and child seat program for new mothers residing in the City of Lynwood by 12/31/03 This program will be done through a local hospital adjacent to the city (100 seats per year). Distribution of child booster seats will take place after parents complete an informational training on how to properly install and fit a child safety seat. 16. To use the following standard language in all press and media materials: "Funding for this program was provided by a grant from the California Office of Traffic Safety through the Business, Transportation and Housing Agency " 17 To e -mail to the OTS Public Information Officer at pio(a),ots.ca.eov and OTS Regional Coordinator at least one month in advance, a short description of any new traffic safety event or program. 18. To submit print clip articles by 9 a.m. to the OTS Public Information Officer by e -mail at pio cOots.ca.eov and OTS Regional Coordinator, or via fax at (916) 262 -2960 Include publication name and date the article was published on all clips. METHOD OF PROCEDURE Phase 1 — Program Preparation (05- 01 -03) One Lead Deputy and the traffic Sergeant will attend the OTS police traffic services seminar to gather ideas and methods from OTS staff and project personnel from other agencies. OTS-38b (Rev 10/99) 0 0 SCHEDULE A PROJECT No: AL0324 PROJECT DESCRIPTION PAGE 6 We will develop a training program for all department personnel participating with this project. The training program will outline the goals, objectives and methods of the project. One major thrust of this training will be the necessity of support and enthusiasm from all patrol personnel in the meeting of goals and objectives. We will develop and identify the responsibilities of all personnel as they relate to the project. Project goals and objectives will be reviewed and implementation of procedures will be put into place by department staff. The traffic sergeant will develop enforcement techniques and scheduling for project personnel. We will procure all materials and equipment. Phase 2 — (05 -01 -03 to 12/31/03) During this period, we will implement the training program for the team members. We will coordinate with the District Attorney's Office to obtain their recommendations and guidance regarding DUI arrests and reports, which lend themselves to successful criminal prosecution. ' hase 3 — (May 1, 2003 throughout the project period) Implementation of the Comprehensive Traffic Safety Project will be accomplished by deploying the CTSP personnel during the peak traffic flow times at locations with high incidents of collisions. The CTSP will also be deployed in areas identified by complaint or public demand. In addition, project personnel will deploy the visible display radar trailer in areas identified where speed was a major collision factor Immediately upon deployment, data will be collected and evaluation will begin. Within the first month of operation, the traffic clerk will receive training and become familiar with the computer - mapping program and begin statistical analysis for evaluation of the effects of the CTSP Phase 4 — (05 -01 -03 to 5/31/05) We will provide public information through specially prepared literature announcements on traffic safety, DUI, and vehicle occupant protection. We will provide articles on project goals and objectives, progress, and traffic safety through the city newsletter, which is distributed by the City of Lynwood. We will provide press release updates to local newspapers and reports to local radio stations. The radio station reports will include the areas and types of violations that will be targeted by CTSP personnel for a given period. The radio releases will target the commuter audience. We will prepare public service announcements to coincide with specific statewide traffic safety programs, holidays and other critical times drivers need to be aware of increased hazards. OTS -38b (Rev 10199) 0 SCHEDULE A PROJECT No: AL0324 0 PROJECT DESCRIPTION PAGE 7 We will publish the availability of personnel to speak to community groups regarding traffic safety programs and general traffic safety We will coordinate with driver education instructors to allow traffic officers to speak at least once in each class per semester Phase 5 — Data Gathering & Analysis (Throughout Project Period) Statistical data relating to the project goals and objectives will be collected, analyzed, and incorporated in Quarterly Reports. The Quarterly Reports for the quarter ending September 30 will include Year to date comparisons of goals and objectives. The quarterly evaluation data from the Schedule C form will be completed each quarter and submitted as part of the Quarterly Progress Report. These reports will compare actual project accomplishments with the projected accomplishments. They will include information concerning changes made by the Project Director in planning and guiding the project effort. The following are some of the methods to be used in constant monitoring and evaluation of the project: A. Computerized Reports: Statistical information concerning data listed in the project goals and objectives will be available on a timely basis throughout the Project. In addition, the computer - mapping program will provide automated pin -maps with layering capabilities to compare enforcement and awareness efforts with traffic collision data by location. This information will provide an ongoing evaluation to measure project goals and objectives and to aid in proper deployment of resources. B Activitv Logs The Century Sheriff's Station has in place, a sophisticated Computer Aided Dispatch System that will keep accurate activity logs of project personnel. This system will allow the city to measure the number of traffic stops, disposition and gather data about the time expended on various activities. This information will be used to evaluate the effectiveness of project personnel. C. Supervision The CTSP Sergeant will be responsible for deployment of project personnel and will also maintain maximum program effectiveness while maintaining close supervision of the project and it's personnel. The Century Sheriffs Station also encourages ideas from all employees. The project staff will be expected to provide suggestions for improvement throughout the Project. Phase 6 — Final Report and Executive Summary (511105 — 5/31/05) Begin review process for the Final Report and Executive Summary in accordance with OTS requirements specified in the Grant Program l/lanual, Chapter 7 Both will be submitted to OTS within 60 days after the grant ends. METHOD OF EVALUATION Using the data compiled, the project manager will evaluate: (1) how well the stated project goal(s) and objectives were accomplished, (2) if all the activities outlined in the Method of procedures were performed in accordance with the Grant Agreement; and (3) was the project cost effective? STATEMENT OF INTENT The City of Lynwood has considered the continuing operations costs of this comprehensive traffic safety ,,rogram and it is the intent of the city to absorb the entire cost of this project after the experation date. OTS -38b (Rev 10/99) • • SCHEDULE A -1 PROJECT No.: A10324 C JMINISTRATIVE SUPPORT STATEMENT — Explain what type of priority this project has in your jurisdiction. The City Council of Lynwood has endorsed this Project by resolution and by budgeting funds as shown below in support of the program. The Century Sheriffs Station Unit Commander is dedicated to the goal of traffic collision reduction and fully intends to meet the goals and objectives of this Project. AGENCY CONTRIBUTION — Explain what services or funds are being contributed by your agency in support of this project. The City of Lynwood will provide services necessary for coordinator, supervision, administration and , aluation of this project. A three year commitment will be as follows: CONTRIBUTED ITEM % FY -1 FY -2 FY -3 Traffic Unit 100% $98,95340 $98,95340 $98,95340 Program Manager 15% 8,00000 8,000.00 8,000.00 Traffic Sergeant Supervision 15% 20,819 76 20,819 76 20,819 76 Clerk Typist 15% 832.00 832.00 832.00 2 Fully Equipped Patrol Cars 100% 43,000 00 0 0 Vehicle operation and Maintenance 100% 7,000.00 7,00000 700.00 Direct Salary and Benefits (50% Second Year) 50% 56,000.00 56,000.00 56,000.00 Indirect Costs Total Agency Contribution. $234,605 16 $191,605 16 $191,6 16 OTS -38c (Rev 10/99) • SCHEDULE B • PAGE 1 DETAILED BUDGET ESTIMATE PROJECT No. AL0324 OTS -38d (Rev. 10)99) FISCAL YEAR ESTIMATES COST CATEGORY FY -1 FY -2 FY -3 FY-4 5 -1 -03 to 9 -30 -03 10 -1 -03 to 9 -30 -04 10 -1 -04 to 3.31 -05 TOTAL COST TO PROJECT A. PERSONNEL COSTS Positions and Salaries $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Employee Benefits @ 0.00 Category Sub -Total $0.001 $0.001 $0.001 $0.001 $0.00 B. TRAVEL EXPENSE $0.00 0.00 0.00 Category Sub-Totall $0.001 $0.001 $0.001 $0.001 $0.00 C. CONTRACTUAL SERVICES Project Coordinator (Deputy $10,502.00 $10,502.00 $21,004.00 Sheriff) Deputy Overtime for DUI 48,773.00 48,773.00 97,546.00 Checkpoints 0.00 Category Sub -Total $59,275.00 $59,275.001 $0.001 $0.001 $118,550.00 OTS -38d (Rev. 10)99) SCHEDULE B -1 PROJECT No. AL0324 BUDGET NARRATIVE Page 1 PERSONNEL COSTS: TRAVEL EXPENSE CONTRACTUAL SERVICES Through the existing contract between the City of Lynwood and the Los Angeles County Sheriff's Department (LASD), personnel assigned to the Century Station will be responsible for carrying out the program as specified in the goals and objectives. The LASD will assign one deputy to coordinate the program. Also, checkpoints, rodeos, enhanced enforcement; child safety seat checkups and other program activities will be conducted by the LASD Century Station staff. NON - EXPENDABLE PROPERTY A DUI mobile command vehicle will be refurbished with funds provided by this grant. All services and purchases will be done at per the City of Lynwood procurement policies. OTHER DIRECT COSTS 1 Approximately 800 safety helmets will be properly fitted and distributed at rodeos 2. Approximately 80 child safety seats (different sizes) will be distributed through a program with the local hospital, after training parents on the properly way to fit and install child safety seats. Also, child safety seats may be distributed as needed through the scheduled checkups 3. Promotional materials related to traffic safety will be obtained 4 Printing costs and materials will be utilized to support the objectives of the grant 5 Two radar units will be purchased for speed enforcement operations 6. Two passive alcohol sensor devices will be purchased to support the DUI operations INDIRECT COSTS None PROGRAMINCOME THE DISPOSITION OF ANY INCOME GAINED FROM THIS PROGRAM WILL BE MANAGED PURSUANT TO STATE AND LOCAL LAWS AND GUIDELINES IN ACCORDANCE WITH THE CURRENT CONTRACT BETWEEN THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AND THE CITY OF LYNWOOD. OTS- 38f (Rev 10/99) • SCHEDULE B • PAGE 2 DETAILED BUDGET ESTIMATE PROJECT No. AL0324 OTS -38e (Rev. 10199) FISCAL YEAR ESTIMATES COST CATEGORY FY -1 FY -2 FY -3 FY -4 5.1 -03 to 9 -30 -03 10 -1.03 to 9 -30 -04 10 -1 -04 to 3 -31 -05 TOTAL COST TO PROJECT D. NON - EXPENDABLE PROPERTY DUI Trailer $15,000.00 $15,000.00 0.00 0.00 0.00 Category Sub-Totall $15,000.00 $O.Ool $0.001 $0.001 $15,000.00 E. OTHER DIRECT COSTS Safety Helmets (800 @ $5.00 ea) $2,000.00 $2,000.00 $4,000.00 Child Safety Seats (80 @ $50 ea) 2,000.00 2,000.00 4,000.00 Promotional Items 2,000.00 2,000.00 4,000.00 Printing 3,000.00 3,000.00 6,000.00 Radar Units (2) 4,000.00 4,000.00 PAS Devices (2) 4,450.00 4,450.00 0.00 - 0.00 0.00 0.00 Category Sub -Total $17,450.00 $9,000.00i $0.00 $0.00 $26,450.00 F. INDIRECT COSTS $0.00 Category Sub-Totall $0.001 $0.001 $0.001 $0.00 $0.00 PROJECT TOTAL $91,725.00 $68,275.00 $0.00 $0.00 $160,000.00 OTS -38e (Rev. 10199) Los Angeles County Sheriff's Department, Century Station City ofLynwooa FEBRUARY Course Name - Hours Dates RCC College Units Cost- Coordinator O ✓Communication Training Officer O ✓Advanced Officer Course O ✓Drug Use Recognition O ✓Reconstruction of Automobile Collision Involving Peds or Bicycles O ✓Shotgun Update (Off site - Location STC) ✓Legal Aspects for Dispatchers (Off site- Location Palm Springs) O ✓Lifetime Fitness ( Off site - Location Palm Springs) O ✓Vice Operation Update O ✓Suicidal Callers( Off site - Location Palm Springs) • ✓Basic Dispatch • Child Abuse/ Sexual Assault (D v/ Canine Handler Update 40 02/04- 02/08/02 ADJ /D1C 2.0 $55.00 Dave Josker 24 02/04- 02/06/02 ADJ /A1A 0.5 $32.00 Dave Josker • 24 02/04- 02/06/02 ADJ /A13A 1.0 $45.00 Oscar Garcia 24 02/06 - 02/08/02 ADJ /T36A 1.0 $100.00 Oscar Garcia 08 02/13/02 ADJM16A 0.25 Pending Dave Josker 08 - 02/13/02 ADJ /D10A 0.25 $10.00 Judy Quinn 08 02/14/02 ADJ /D2A 0.25 $10.00 Judy Quinn 08 02/14/02 ADJ /A10A 0.25 $25.00 Paul Taylor 08 02/15/02 ADJ /D3A 0.25 $10.00 Judy Quinn 120 02/19703/11/02 ADJ /D1A 5.0 $120.00 Judy Quinn 40 02/25- 03/01/02 NA NA $120.00 Paul Taylor 32 02/26 - 02/28/02 ADJ /A4A 0.5 $185.00 Dave Josker Page 2 of 7 Los Angeles County Sheriffs Department, Century Station City ofLynwood MARCH Course Name Hours Dates RCC College Units Cost Coordinator O ✓Latent Fingerprint Retrieval 16 03/04- 03/05/02 ADJ /A37A 0.05 $40.00 Paul Taylor @ Training Officer 40 03/04- 03/08/02 ADJ /A8A 1.5 $100.00 Dave Josker O✓ Basic Traffic Collision 40 03/11- 03/15/02 ADJ/T1A 1.50 $65.00 Oscar Garcia Investigation ( Off site- Location Palm Springs) O ✓Criminal Investigative Analysis 40 03/11- 03/15/02 ADJ /A28A 1.50 $300.00 Paul Taylor O ✓Crime Scene Investigation 16 03/18- 03/19/02 ADJ /A42A 0.50 $35.00 Paul Taylor (Photography) O ✓Intermediate Traffic Collision 40 03/18 - 03/22/02 ADJ/T1B 1.50 $100.00 Oscar Garcia Investigation ✓ Classified Orientation 16 03/20- 03/21/02 ADJ /A33B 10 $0.00 Judy Quinn Field Training Officer Update 24 03/25 - 03/27/02 N/A N/A N/A Dave Josker ✓Swore Orientation 16 03/25- 03/26/02 ADJ /A33A 0.5 $0.00 Judy Quinn O✓ Canine Handler Update 24 03/27- 03/29/02 ADJ /A4A 0.5 $185.00 Dave Josker O ✓Writing for Law Enforcement 08 03/28/02 ADJ /A11A 0.25 $25.00 Paul Taylor APRIL Course Name Hours Dates RCC College Units Cost Coordinator O ✓Radar Operator 24 04/01- 04/03/02 ADJ/T2A 1.0 $35.00 Oscar Garcia Paee 3 of 7 Los Angeles County Sheriffs Department, Century Station City ofLyn wood APRIL Course Name O ✓ Laser Operator O✓ Boating: Safety & Enforcement • ✓Driving Under the Influence • Photography for Law Enforcement • ✓Drug Use Recognition • ✓Search Warrant Preparation O ✓Search Warrant Execution ( Off site- Location Norco) O ✓Basic Dispatch • ✓Advanced Traffic Collision Investigation O ✓Bike Patrol MAY Course Name O ✓Advanced Officer Course © ✓Reconstruction Traffic Collision Investigation 0 Investigation Hours Dates RCCCollege Units Cost Coordinator 08 04/04/02 ADJ /A44A 0.25 $10.00 Oscar Garcia 40 04/08 - 04/12/02 ADJ /A36A 1.50 $70.00 Paul Taylor 16 04/09- 04/10/02 ADJ/T3A 0.5 $85.00 Oscar Garcia 24 04/15- 04/17/02 N/A N/A $300.00 Paul Taylor 24 04/15- 04/17/02 ADJ /A13A 1.0 $45.00 Oscar Garcia 08 04/17/02 ADJ /A14A .25 $25.00 Dave Josker 08 04/1 B /02 ADJ /A14B .25 $40.00 Dave Josker 120 04/22- 05/10/02 ADJ /D1A 5.0 $120.00 Judy Quinn 80 04/22- 05/03/02 ADJ/T1 C 3.50 $200.00 Oscar Garcia 40 04/23- 04/26/02 ADJ /A5A 0.5 $95.00 Dave Josker Hours Dates RCC College Units Cost Coordinator 24 05/06- 05/08/02 ADJ /A1A 0.5 $32.00 Dave Josker 80 05/06- 05/17/02 ADJ/T1 D 4.0 $300.00 Oscar Garcia 40 05/06 - 05/10/02 ADJ /46A 2.00 $130.00 Paul Taylor Pan 4of7 Los Angeles County Sheriff's Department, Century Station City ofLynwood f►l_-TI Course Name O ✓Community Service Officer 0 Update (Off site - Location STC) O ✓Suicidal Callers © ✓Field Training Officer O ✓Lifetime Fitness ✓Legal Aspects for Dispatchers 0 Role in Officer Safety ✓Swore Orientation O✓ Canine Handler Update JUNE Course Name ✓Advanced Communication Training for Dispatchers Field Training Officer Update O ✓Drug Use Recognition Hours Dates - RCC College Units Cost - Coordinator 06103- 06/04/02 40 05/13 - 05/22/02 ADJ /B3A 1.0 $80.00 Judy Quinn 08 05/14/02 ADJ /W16A 0.25 Pending Dave Josker 08 05/20/02 ADJ /D3A 0.25 $10.00 Judy Quinn 40 05/20 - 05/24/02 ADJ /A8A 1.5 $100.00 Dave Josker 08 05/21/02 ADJ /D2A 0.25 $10.00 Judy Quinn 08 05/22/02 ADJ /D10A 0.25 $10.00 Judy Quinn 08 05/24102 ADJ /D4A 0.25 $10.00 Judy Quinn 16 05/27 - 05/28/02 ADJ /A33A 0.5 $0.00 Judy Quinn 24 05/29- 05/31/02 ADJ /A4A 0.5 $185.00 Dave Josker Hours Dates RCC College Units Cost 16 06103- 06/04/02 ADJ /D5A 0.5 Pending Judy Quinn 24 06/03- 06/05/02 N/A 24 06/03- 06/05/02 ADJ /A13A N/A N/A Dave Josker 1.0 $45.00 Oscar Garcia 0 I* Page 5of7 Los Angeles County Sheriffs Department, Century Station City ofLynwood JUNE Course Name Hours Dates RCC College Units Cost Coordinator Tactical Handgun ( Off site- Location 24 06/10 - 06/12/02 N/A N/A Pending Dave Josker STC) 1 • O ✓Basic Motor Vehicle Inspection 40 06/10- 06/14/02 ADJ/T31A 1.5 $150.00 Oscar Garcia (Off site- Location on campus RCC) ✓ Classified Orientation 16 06/12- 06/13/02 ADJ /A33B 1.0 $0.00 Judy Quinn • ✓Laser Operator 08 06/20102 ADJ /A44A 0.25 $10.00 Oscar Garcia • ✓Radar Operator 24 06/17- 06/19/02 ADJ/T2A 1.0 $35.00 Oscar Garcia • ✓Communication Training Officer 40 06/17- 06/21/02 ADJ /D1 C 2.0 $55.00 Dave Josker • Raves and Rave Drugs 08 06/24/02 NA NA $15.00 Oscar Garcia 0 Pavebnf7 Los Angeles County Sheriffs Department, Century Station 1 ' City of Lynwood OPLAN I ©PLAN II ©PLAN III OPLAN IV BACKFILL BACKFILL TRAVEL TRAVEL TRAVEL TRAVEL HOTEL PER DIEM HOTEL HOTEL PER DIEM PER DIEM PER DIEM TUITION TUITION O No POST Reimbursement Available ✓RCC Certified Course *POST BACKFILL REIMBURSEMENT IS NOW PAID AT 100% OF ACTUAL SALARY COST (AT THE TIME AND ONE -HALF OVERTIME RATE) INCURRED TO KEEP A POSITION FILLED WHILE THE INCUMBENT ATTENDS TRAINING AND MAY INCLUDE TRAVEL TIME TO AND FROM THE TRAINING FOR RESIDENT TRAINEES. Rev. October 17, 2001 • Mary Ann Cano , Sheriff's Service Officer 486 -2798 Page 7 of 7 0 9 STATE OF CALIFORMA DRUG -FREE WORKPLACE CERTIFICATION STD. 21 REV. 12.92) CERTIFICATION 1, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below 1 am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California. City of 956000741 01 Lorry H 101603 -0220 City Manager CONTRACTORISIDDER FIRMS MAILING ADDRESS 11330 Bullis Road, Lynwood, CA 90262 The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. The above named contractor or grant recipient will. I Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug -free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3 Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug free workplace policy statement, and (b) Will agree to'abide by the terms of the company's statement as a condition of employment on the contract or grant. At the election of the contractor or grantee, from and after the "Date Executed" and until (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, then the terms and conditions of this certificate shall have the same force, meaning, effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency STATE OF CALIFORNIA ! OFFICE TRAFFIC SAFETY G XHIBIT 1 -A (Cont'd) ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS OTS -33 (Rev 3/03) Terms, Conditions, and Certifications Specific to the Agreement Between the Office of Traffic Safety and the Applicant Agency AGENCY of AL0324 NUMBER The following are included herein and constitute a part of this Agreement: OTS -38 —Page 1 Schedule B -1 — Budget Narrative Schedule A — Project Description Schedule C — Quarterly Evaluation Data (when required) Schedule A -1 —Administrative Support OTS -33 — Terms, Conditions, and Statement Certifications Specific to the Agreement Between OTS and the Applicant Agency Schedule B — Detailed Budget Estimate General Terms, Conditions, and Certifications* *See OTS Grant Program Manual, Volume 11, Chapter b. Volume 11 Is avallaote on -une ar www.ots.ca.gov TERMS AND CONDITIONS It is understood and agreed by the Project Director and Authorizing Official that any grant received as a result of this Agreement is subject to all federal and state regulations governing grants and to those controls expressed in the California Traffic Grant Program Manuals which include, but are not limited to Quarterly Performance Reports and Reimbursement Claims must be submitted by the Project Director to the Office of Traffic Safety by January 31, April 30, July 31, and October 31, during each year of project operation. 2. OTS will withhold or disallow grant payments, reduce or terminate grant funds, and/or deny future grant funding anytime a grantee fails to comply with any term or condition of the grant contract or program guidelines (Volume II, Chapter 3.9). This may include, but is not limited to, the following: • Failure to submit acceptable and timely reimbursement claims. • Failure to submit acceptable and timely quarterly performance reports; and • Failure to submit an acceptable and timely Schedule C (Quarterly Evaluation Data OTS -38g). (Applies only when a Schedule C has been required.) 3 If, during the term of the grant award, federal funds become reduced or eliminated, OTS may immediately terminate or reduce the grant award upon written notice to the project director 4 By October 31, "continuing" projects must submit a September 30 claim and a written justification to support carrying forward prior year unexpended funds. September 30 claims and written justifications, supporting the carrying forward of prior year unexpended funds, submitted after November 30, will not be processed. The prior claim (i.e., June 30) will be 0 0 considered the year -end claim in order to close out the federal fiscal year ending September 30 In addition, prior year unexpended funds will be deobligated and allocated to new projects. All documentation required to request a project revision (i.e., time extensions, budget category changes, and etc.) must be submitted to OTS prior to the effective date of change(s). For example: OTS will not consider a request for a grant period time extension unless all necessary paperwork is submitted prior to the existing grant termination date. Prior approval is required for all project revisions (Volume II, Chapter 3.8). 6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 7 Additional terms and conditions identified in the OTS Grant Program Manual, Volume II, Chapter 6, General Terms, Conditions, and Certifications (Exhibit 6-A), are incorporated herein by reference and made a part of this document. We, the officials named below, hereby swear that we are duly authorized legally, to bind the contractor or grant recipient to the above described terms and conditions. Executed on the date and in the county below, and is made under penalty of perjury under the laws of the State of California. 's NAME Yadi Farhadi DATE EXECUTED EXECUTED IN THE COUNTY OF 4 Z S- 03 Los Angeles PROJECT DIRECTOR'S Director of Environemental Services /City Engineer AUTHORIZING OFFICIAL'S NAME DATE EXECUTED f � EXECUTED IN THE I:OUNTY OF d� Los Angeles 'S SIGNATURE E -2- State of California • Office of Traffic Safety I AGENCY PROJECT NO DEPRECIABLE PROPERTY AGREEMENT OTS -25* (Rev 3/00) PROJECT TITLE PROJECT DATES 2 DATE 3 DESCRIPTION (Mfg model, serial 4 TOTAL AMOUNT 6 CURRENT 7 USE /CONDITION OR OF RECEIPT p) FEDERAL FUNDS 5 LOCATION OF EQUIPMENT FAIR MARKET FINAL DISPOSITION OF VALUE ,EQUIPMENT 8 Nonexpendable property or equipment shall not be conveyed, sold, salvaged, or transferred without the express written approval of the California Office of Traffic Safety Applicant agencies shall conduct a physical inventory and certify to the Office of Traffic Safety each year that all grant purchased nonexpendable property not yet fully depreciated is in the possession of the agency and is being used in traffic safety I hereby certify that the information above is complete and accurate to the best of my knowledge, and that all conditions set forth in Chapter 4, Volume II of the Grant Program Manual are being complied with. PROPERTY OFFICER SIGNATURE DATE PROJECT DIRECTOR SIGNATURE DATE 11 • NOTE THIS FORM MUST BE COMPLETED ONLY FOR -THOSE ITEMS WITH AN ACQUISITION COST OF $5,000.00 EACH. 1. Enter the name of Applicant Agency, Project Number, Project Title, and Project Dates indicated on Page 1 of Traffic Safety Project Agreement,, Form OTS -38 2. Enter the date equipment was received. 3. Enter short - description of equipment including make, model, and serial 4 Enter total amount of Federal funds used toward purchase of this equipment including sales tax, cost of modification, installation, attachments, accessories or auxiliary • apparatus necessary to make the property usable for the purpose for which it was acquired. Removable items such as lights, bars, etc should be listed separately if they have a unit cost of $5,000.00 or more. 5. Enter the name and address of the department where the equipment is physically located. 6. At time of yearly certification, the current fair market value should be listed. Current Fair Market Value can be determined through actual sale, dealer quotes, appraisal, or expert opinion. 7. This form must be signed by the Project Director or his /her replacement and the applicant agency's Property Officer. C� 0 STATE OF CALIFORNIA BUSINESS, TRANSPORTATION & HOUSING AGENCY OFFICE OF TRAFFIC SAFETY PROJECT CLAIM INVOICE For work performed under provisions of the California Vehicle Code, Chapter 1492 and the Public Law 8 -564, Highway Safety Act of 1966 as amended TO: State Office of Traffic Safety 7000 Franklin Boulevard, STE 440 Sacramento,•CA 95823 FROM: Agency Name: Mail Address: Project Title. COST CATEGORY PERSONNEL COSTS TRAVELEXPENSE COi. rRACTUAL SERVICES NON-EXPENDABLE -PROPERTY OTHER DIRECT COSTS INDIRECT COSTS TOTAL REIMBURSABLE AGENCY COSTS TO DATE CLAIMS THIS CLAIM I CERTIFY that I am duly appointed and acting officer of the herein named agency; that the costs being claimed herein are in all respects true, correct, and in accordance with the contract provisions; that funds were expended or obligated during the grant period; and the net amount claimed above has not been previously presented to or reimbursed through the Office of Traffic Safety SUBMITTED BY TITLE. (Type Name: Project Director /Authorizing Official/ Fiscal Official) SIGNATURE. DATED - OTS OPERATIONAL DATED Progress: C Final. C Project No: Claim No: OTS -39 (Rev 8198) 0 STATE OF CALIFORNIA BUSINESS, TRANSPORTATION & HOUSING AGENCY OFFICE OF TRAFFIC SAFETY PROJECT CLAIM DETAIL Agency Project No. Claim No. Period of Incurred Costs Thru Personnel Costs: Persons Assigned Salary Overtime Benefits Total Tavel Expenses: Person(s) Traveling Destination Purpose of Travel Costs: TOTAL COSTS $ $ $ $ % Claimed: Total Personnel Costs: $ No. of Days Commercial Fare Per Diem (Meals & Lodging) Mileage @ Per Mile Miles Miscellaneous - Registration Total Travel Expenses: $ Contractual Services: Contractor(s) Total Invoiced (Attach Invoice(s)) Percent Retention Total Contractual Services: OTS -39a' (Rev 8/98) Page 1 of 2 9 0 Non - Expendable Property: Invoiced Amount (Attach Invoices and Depreciable Property Agreement OTS -25) Item(s) Purchased Total Non - Expendable Property Costs: Other Direct Costs: Item(s) Purchased /Charged Indirect Costs: Base (i.e., Salaries, Total Personnel Costs) Approved Rate: Total Other Direct Costs: $ Total Indirect Costs: $ TOTAL AMOUNT CLAIMED: $ OTS -39a' (Rev 8/98) Page 2 of 2 • GRAY DAVIS, GOVERNOR ICY MARIA CONTRERAS- SWEET, SECRETARY flex your Po'WER www.flezyOwpowaxa.gov �J T PUBLICITY re people who become involved and better efforts to reduce traffic crashes. project, as part of the California Traffic Safety in California. To further engage the community Safety (OTS) is requesting that grantees conduct vities in support of their programs. The OTS runity Outreach resource guide will assist in Inal Coordinator will provide this guide to you in Blowing elements: to your message media advisory, press conference /event etc.) ,anizations (CBOs) :nt be followed regarding media activities: t be included in all press materials: Funding for this m the California Office of Traffic Safety through the g Agency regional Coordinator AND the Public Information Ir fax at (916) 262 -2960 (e -mail preferred). All clips date the article was published. Iia advisories /alerts to your Regional Coordinator ntact your Regional Coordinator EN orward ies in the women. nd its ,f diverse ed October )eakers, le Future hile 3, drugs funding egarding oping ouraging ed at the 1 Breast ve lives Ireness 3t nestic ( with the h the ITEM 'OOD )NDUCT Imotmg women tied programs wood rring a wide nd seminars to nen on October gether" as its public relations, he estimate cost are located in the ting women by ining Inity; and ations to be Live of the of breast cancer; :e Against women and to iiolence. 0 NOW, THEREFORE, the City Council for the City of Lynwood does hereby find, determined, order and resolve as follows: Section I That the Lynwood Women's Commission is hereby authorized to conduct a conference for women on October 16, 2003. Section 2. That City Council authorize staff to work with the Lynwood Women's Commission in order to move forward with activities associated with the planning and conduction of the event. Section 3 That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS _day of September, 2003 FERNANDOPEDROZA Mayor ATTEST ANDREA L. HOOPER City Clerk APPROVED AS TO FORM. City Attorney APPROVED AS TO CONTENT LORRY HEMPE City Manager 0 0 Date: September 2, 2003 To: Honorable Mayor and Members of the City Council From: Lorry Hempe, City Manager Subject: UPDATE ON SPECIAL MUNI ELECTION AND RECALL FRAUD INVESTIGATION Purpose: The purpose of this item is to provide the City Council with a status report on the upcoming Special Municipal Election and the related ongoing fraud investigation related to the recall. Comments: On July 28, 2003 the City Council adopted Resolution #2003.142 relating to the conduct of the Special Municipal Election and authorizing continued investigation into the alleged recall fraud. This resolution directed the City Clerk and the City Attorney to continue the investigation into the activities of the proponents of the September 23, 2003 special municipal election to ensure that the election is free from irregularities or fraud and to report their findings to the appropriate officials. This item has been placed on the agenda to allow the City Attorney and the City Clerk with an opportunity to provide the City Council with an update on the upcoming Special Election and the ongoing recall fraud investigation. A more detailed report from these officials will be provided at the City Council Meeting. Recommendation: Staff recommends that the City Council receive a presentation from the City Attorney and City Clerk and direct staff accordingly ITEM E l- FERNANDO PEDR A, MAYO ATTEST �, Andrea L. Hooper, City Clerk APPROVED AS TO FORM rf S M.' assn, C APPROVED AS TO CONTENT J Lorry Hemp,, City Manager 0 0 DATE. September 2, 2003 TO- THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM. Lorry Hempe, City Manager k__/ BY Joseph Y Wang, P.E., Assistant City Manager \\ Paul Nguyen, Assistant Director of Public Work SUBJECT Parent —U -Turn Request Relative to Adjusting the Trolley Bus Schedule PURPOSE To have the City Council receive and file staff's report. BACKGROUND Members of Parent -U -Turn complained to the Mayor that the school district recently made a decision to have the kids that normally would have attend Hostler Middle School would now attend Lynwood Middle School instead. The parents feel that the kids would now be forced to walk further because of this decision. They have requested that the City adjust the Trolley Bus Schedule earlier to help alleviate this problem. Staff has checked with the School District whether the District has any obligation in relation to providing transportation to these students. School District indicates that they don't have to provide transportation to any children that are within 2.5 miles of a school. ANALYSIS After working with Commuter Bus Lines (City's Trolley Bus Contractor), in order to accommodate Parent -U -Turn request route A and route B have to be changed from 9am to 7.30am (see attachment A). Based on this preliminary study, the fiscal impact to the City's Prop C fund will be $100,000 annually The Trolley Bus System is funded by Prop C. The City's budget has been adopted since July, 2003 In the two years budget, all the revenue from Prop C has been committed and programmed. Since the amount of the impact is significant it will be a challenge for the City to accommodate the request at this time. However, the City Council may wish to consider this request in the next budget review session. RECOMMENDATION Staff recommends that the City Council receive and file the staff report. couNEW ffEM 2$ • • DATE. September 2, 2003 TO- THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM. Lorry Hempe, City Manager BY Yadi Farhadi, P.E., Director of Environmental Services /City Engineer/�� Paul Nguyen, Public Works /Engineering Manager SUBJECT Solid Waste Collection Services Contract Award PURPOSE To have the City Council award the solid waste collection contract Consolidated Disposal Services and authorize the Mayor to execute the contract agreement. BACKGROUND In its regular meeting of May 6, 2003, the Lynwood City Council reviewed staff's report on the evaluation of the four contractors that responded to the City's Request for Proposals for the solid waste disposal services. At the same meeting, the City Council authorized staff to start negotiating with Consolidated Disposal Services (CDS). On August 15, 2003, the City Council authorized staff to finalize the negotiation toward the final contract agreement with CDS to provide residential, commercial and roll -off solid waste collection and recycling services. Staff has met with CDS and has completed the draft agreement (see Attachment "A "). Attachment `B" summarizes key features of this agreement. At the present time, because it is uncertain that a full Material Recovery Facility (MRF) process will be required by the work plan mandated by the California Integrated Waste Management Board, appropriate provision has been included in the draft contract agreement. ANALYSIS In summary, staff has been able to negotiate with Consolidated Disposal Services on different terms of a contract that would satisfy or exceed requirements set forth in the City's Request for Proposals. As previously reported to the City Council, the City needs to have a trash contract in place in a timely manner so that the work program to bring the City in compliance with the California Integrated Waste Management Board's compliance order can be effectivel AGENDF implemented. Therefore, staff is recommending that the City council award the trash contract t ITEM CDS and authorize the Mayor to execute the contract agreement. zq cou03137 0 RECOMMENDATION Staff recommends that the City Council adopt the attached resolution entitled:" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CONSOLIDATED DISPOSAL SERVICES TO PROVIDE RESIDENTIAL, COMMERCIAL, ROLL -OFF SOLID WASTE COLLECTION AND RECYCLING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT" Cou03137 cou03137 0 RESOLUTION NO • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO CONSOLIDATED DISPOSAL SERVICES TO PROVIDE RESIDENTIAL, COMMERCIAL, ROLL -OFF SOLID WASTE COLLECTION AND RECYCLING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT WHEREAS, on or about July 24, 2002 the City issued a Request for Proposals for Exclusive Solid Waste Collection Services ( "RFP "); and WHEREAS, on or about August 26, 2002, Consolidated Disposal Service, L.L.C., a wholly owned subsidiary of Republic Services, Inc., submitted a proposal in respon "se to the City's RFP; and WHEREAS, on May 6, 2003, the City selected Consolidated Disposal Service, LLC as the most qualified and responsible proposer and authorized City staff to negotiate an Exclusive Solid Waste Collection Services agreement with Consolidated Disposal Service, L.L.C, WHEREAS, on August 15, 2003, the City Council authorized staff to complete negotiations and return with an Exclusive Solid Waste Collection Services agreement for execution, and WHEREAS, has successfully negotiated all contract terms that meet or exceed the RFP requirements and a draft agreement have been presented to the City Council for review NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section I That the City Council award the Exclusive Solid Waste Collection Services contract to Consolidated Disposal Service, L.L.C. for the residential, commercial and roll -off solid waste collection and recycling services, Section 2 . That the Mayor is authorized to execute the contract agreement. Section 3 This resolution shall take effect immediately upon its adoption. cou03137 PASSED, APPROVED ATTEST ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM. City Attorney City of Lynwood cou03137 c 03137 and ADOPTED this .?003 FERNANDO PEDROZA, Mayor City of Lynwood APPROVED AS TO CONTENT LORRY HEMPE City Manager day of YADOLLAH FARHADI, P.E. Director of Environmental Services /City Engineer 0 i STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution and duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of 20031 and passed by the following vote: AYES. NOES ABSENT City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of 2003 City Clerk, City of Lynwood cou03137 AGREEMENT BETWEEN THE CITY OF LYNWOOD AND CONSOLIDATED DISPOSAL SERVICE, LLC FOR COLLECTION OF MUNICIPAL SOLID WASTE THIS AGREEMENT ( "Agreement ") is made and entered into by and between the City of Lynwood, a municipal corporation (the "City "), and Consolidated Disposal Service, LLC, a limited liability company (the "Contractor "), a wholly owned subsidiary of Republic Services, Inc., a Delaware corporation. RECITALS WHEREAS, on or about July 24, 2002 the City issued a Request for Proposals for Exclusive Solid Waste Collection Services ( "RFP "); and WHEREAS, on or about August 26, 2002, Consolidated Disposal Service, L.L.C., a wholly owned subsidiary of Republic Services, Inc., submitted a proposal in response to the City's RFP; and WHEREAS, on or about May 6, 2003, the City selected Consolidated Disposal Service, LLC as the most qualified and responsible proposer and authorized City staff to negotiate an Exclusive Solid Waste Collection Services agreement with Consolidated Disposal Service, L.L.C, WHEREAS, on or about August 15, 2003, the City adopted Resolution No xxx approving the final negotiated terms with Consolidated Disposal Service, LLC, authorizing staff to complete negotiations and return with a final Exclusive Solid Waste Collection Services agreement for execution, and WHEREAS, pursuant to the above actions, the Parties desire to enter into this Agreement for Exclusive Solid Waste Collection Services, NOW, THEREFORE, it is agreed as follows: ARTICLE 1. DEFINITIONS Words beginning with lower case letters are being used with their common ordinary meaning, not as defined herein. Otherwise, the following capitalized names and terms shall have the following respective meanings, unless defined otherwise in Part 1, Chapter 2 of the California Public Resources Code or in Section of the Citv of Lynwood Municipal Code 1.01 "AB 939" means the California Integrated Waste Management Act set forth in California Public Resources Code at Section 40000 et seq. as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board or its successor. 1.02 "Applicable Law" means all law, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, or requirements of the United States, State of California, County of Los Angeles, City, regional or local government authorities, agencies, boards, commissions, courts or other bodies having applicable jurisdiction, including AB 939, that from time to time apply to or govern the services provided pursuant to this Agreement or the performance of the Parties' respective obligations hereunder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, and non - discrimination. All references herein to Applicable Law include subsequent amendment or remodifications thereof, unless otherwise specifically limited. 1.03 "Bulky Waste" means discarded large and small household appliances and discarded furniture which cannot be contained within a Customer's refuse container; discarded carpets, discarded mattresses, residential wastes (including wood waste, tree branches, scrap wood) and similar large items produced from residential units or dwellings. 1.04 "C &D Debris" means construction and demolition debris, including concrete, brick, wood and other rubble and debris resulting from construction and demolition of building and other improvements 1.05 "City Facilities" means those facilities, listed in Exhibit B, attached hereto and incorporated herein by reference, that are owned or designated by the City and which Contractor shall service without charge. 1.06 Reserved 1.07 "City Waste" means MSW Collected from City Facilities. 1.08 "Collect" or "Collection" or other forms thereof means MSW pickups made by Contractor as required by and in accordance with the provisions of this Agreement. 1.09 "Commercial" refers to commercial, industrial, and multi- family residential premises or Customers within the City other than Residential premises or Customers, or City Facilities or premises. -2- 9 9 1.10 "Containers" means the carts, cans, bins, roll -offs or other containers Contractor uses in providing Services under this Agreement. 1.11 "Contract Year" means the calendar vear commencing on November 1 and ending October 31. 1.12 "Customers" means the generators (including owners, tenants, occupants and/or persons having the care or control of any premises within the City) of MSW to which Contractor is required to provide Services pursuant to this Agreement. 1.13 "Day" or "days" means calendar day or days. 1.14 Reserved 1.15 "Disposal Facility" means the Disposal Facility or Facilities for disposing of Refuse and/or residue from a Processing Facility or Green Waste Facility, as designated by Contractor 1.16 "Environmental Health Code" means the Environmental Health Code of the City codified on the date hereof in Chapter XXX of the City's municipal code, as such code may be amended or supplemented. 1.17 "Green Waste" means organic waste generated from any landscape, including grass clippings, leaves, prunings, tree trimmings, weeds, branches and brush Collected pursuant to this Agreement in sizes which can be placed in Green Waste Containers. "Green Waste Facility" means the site used by Contractor for the processing and handling of source separated green waste. 1.18 "Hazardous Waste" means any material, which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law a. "Hazardous Waste" pursuant to Section 40141 of the California Public Resources Code; regulated under Chapter 7.6 (commending with Section 25800) of Division 20 of the California Health and Safety Code; all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Section 251 10.02, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and future amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 California Code of Regulations Sections 2521 and 2522; -3- 9 9 b. materials regulated under the Resource Conservation and Recovery Act, 42 U.S.0 Section 6901 et sue., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, State and local laws and regulations; C. materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seg., as amended, and related federal State of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et sec., d. materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et sue., as amended, and regulations promulgated thereunder; and e. materials regulated under any future additional or substitute federal, State or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of "hazardous waste ", for purposes of collection, transportation, processing and /or disposal, the broader, more restrictive definition shall be employed for purposes of this Agreement. 1.19 Reserved 1.20 Material Recovery Facility means: a facility licensed or permitted in accordance with AB939 which separates secondary materials, such as mixed glass and metal container and process them for sale to end users; or firm that purchases and markets source - separated solid wastes and recyclable material. 1.21 "MSW" means Residential, Commercial and light industrial refuse, garbage and /or rubbish and other materials Collected pursuant to this Agreement, including Refuse, Recyclables, C &D Debris, Bulky Waste and Green Waste, but excluding: a. agricultural wastes comprised of animal manures; b. asbestos, including friable materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may be a Hazardous Waste if it contains more than one percent asbestos; C. ash residue from the incineration of solid wastes, including municipal waste, Infectious Waste described in item (h) below, wood waste, sludge, and agricultural wastes described in item (a) above; d. auto shredder "fluff' consisting of upholstery, paint, plastics, and other non - metallic substances which remains after the shredding of automobiles; e. large dead animals; Ie f Hazardous Wastes, explosives, ordnance, highly flammable substances and noxious materials; g. industrial byproducts, including cement kiln dust, ore process residues and grit or screening removed from a waste water treatment facility; h. infectious wastes which have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes form biological laboratories, untreated medical wastes, syringes, needles, blades, tubings, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious diseases; i. liquid wastes which are not spadeable, usually containing less than fifty percent solids, including cannery and food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous Wastes; j radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other State or federal regulation; k. sewage sludge comprised of residue produced by humans (not industrial), excluding grit or screenings, removed from a waste water treatment facility or septic tank, whether in a dry or semidry form, 1. special wastes designated from time to time by the California Integrated Waste Management board, including contaminated soil. 1.22 "Non- Collection Notice" means a card with a card stock backing comprised of recycled materials left by Contractor for Customers at the times, in the events and in the manner described herein, which shall contain, at a minimum the date and time it is given, the complete address of the premises, the reason for the non - collection, and the manner in which materials should be prepared for collection, and which shall be printed, at Contractor's expense, in English and Spanish. Contractor shall leave a hard (card stock) copy with the Customer in the place provided under such cited provisions of this Agreement and shall retain one copy in original or electronic format, which shall be made available for inspection by the City 1.23 "Non- Separated Solid Waste" means that solid waste which may contain recyclable material which have not been source - separated by the customer. 1.24 "Person" includes any individual, firm, association, organization, partnership, corporation, trust, joint venture, the United States, the State of California, a county, a municipality, or special purpose district or any other entity whatsoever 1.25 "Processing Facility" means a facility or facilities for sorting and/or processing commingled or source separated Recyclables, as designated by Contractor -5- 1.26 "Reasonable Business Efforts" means those efforts a reasonably prudent business Person would expend under the same or similar circumstances in the exercise of such Person's business judgment, intending in good faith to take steps calculated to satisfy the obligation which such Person has undertaken to satisfy; provided that such Person would not incur a financial loss (other than time expended or unless otherwise compensated for such efforts herein) by reason of having expended or expending such efforts. 1.27 "Recyclables" means Residential or Commercial materials which have been discarded, thrown away or abandoned by the generator or owner thereof, and are commonly collected in recycling programs in southern California, Collected pursuant hereto, including, but not limited to* a. polyethylene terephthalate containers ( "PET ") marked "1 " as of the date hereof b. high density polyethylene containers ( "HDPE ") marked "2" as of the date hereof c. low density polyethylene containers ( "LDPE ") marked "4" as of the date hereof d. California redemption containers e. glass containers f. ferrous metals g. non - ferrous metals h. newspaper i. corrugated cardboard j. white paper k. mixed paper 1. telephone books 1.28 "Refuse" means MSW comprised of rubbish and garbage. 1.29 "Residential" refers to single family, duplex, triplex, multi - family, apartment and condominium residences in the City, except for those multi - family properties and apartments receiving centralized bin service. 1.30 "Service Assets" means all property of Contractor used directly or indirectly in performing Services, including Vehicles, Containers, maintenance equipment and facilities, administrative equipment and offices and related supplies. 1.31 "Services" means all obligations of Contractor hereunder to City and Customers. 1.32 "Ton" (or Tonnage) means a short tonnage of 2,000 pounds. 1.33 "Uncontrollable Circumstances" means any act, event or condition, whether affecting Services or either Party beyond the reasonable control of such Party and not the result of willful or negligent action or inaction of such Party (other than the contesting in good faith or the failure in good faith to contest such action or inaction), which materially and adversely affects the ability of either Party to perform any obligation hereunder, including: am 0 0 a. an act of God, landslide, lightning, earthquake, fire, flood (other than reasonably anticipated weather conditions for the geographic area of the City), explosion, sabotage, acts of a public enemy, war, blockade or insurrection, riot or civil disturbance; b. the failure of any appropriate federal, State, City, or local public agency or private utility having operational jurisdiction in the area in which Service Assets comprised of realty, including maintenance and administrative facilities, are located, to provide and maintain utilities, services, water, sewer or power transmission lines thereto; C. A change in the Applicable Law, other than changes excluded in items (2) and (6) below; but excluding, without limitation: (1) either Party s own breach of its obligations hereunder; (2) adverse changes in the financial condition of either Party or any changes in the Applicable Law with respect to any taxes based on or measured by net income, or any unincorporated business, payroll, franchise or employment taxes; (3) strikes, work stoppages or other labor disputes or disturbances of any person performing Services of a duration greater than thirty (30) days in any one Contract Year (aggregating all such events in such Contract Year), or Contractor's inability to hire adequate numbers of personnel who are competent and skilled in the work to which they are assigned; (4) the failure of the Contractor to secure patents, licenses, trademarks, and the like necessary for Services; (5) as to the Contractor, the failure of any Service Assets to perform in accordance with any warranties, unless caused by Uncontrollable Circumstances; and (6) with respect to the City, any change in the Applicable Law adopted by the City, unless such change is mandated by State of federal Applicable Law 1.34 "Vehicles" means all trucks (including trucks providing Residential and Commercial Collection Service of Refuse, Recyclables, Green Waste, Bulky Waste and litter pickup; field supervisors and administrator's vehicles), rolling stock and other vehicles used to provide Services (including Collection as well as repair and maintenance), whether owned or leased by Contractor ARTICLE 2. TERM OF AGREEMENT 2.01 Initial Term. The term of this Agreement shall be for a period of ten (10) years commencing November 1, 2003 through and including October 31, 2013 -7- 9 • Contractor shall perform all Services in a prompt, thorough, comprehensive, reliable, courteous and professional manner so that Customers receive high - quality Services at all times. Services shall be performed regardless of weather conditions and regardless of difficulty of collection. Contractor shall Collect MSW as quietly as possible. b. AB939 Compliance Contractor shall implement any current work plan or agreement with the California Integrated Waste Management Board (CIWMB) for the City of Lynwood to meet the state mandated diversion and reporting requirements Contractor shall perform any current work plan or agreement with CIWMB at the negotiated rates for both residential and commercial refuse collection as specified in Exhibit "A ". Contractor shall in good faith with City negotiate any future work plan(s) during the term of this contract with CIWMB. If future good faith negotiated work plans with CIWMB require a full "MR-17 process" for commercial refuse collection, Contractor may seek City Council's approval for an increase to only compensate for the cost associated with this process which is not included in the current agreement c. Litter Contractor shall make every effort to service all MSW Containers in a manner that will not cause the area to be littered with trash from MSW Collection. Contractor shall clean up. any litter in the immediate vicinity of an MSW Container and /or storage area that results from MSW Collection. In the event of repeated litter not caused by Contractor directly, Contractor shall first notify the Customer and, if litter continues, Contractor may request the City's assistance to rectify the situation. Contractor shall cover all loads in a reasonable manner to prevent trash from spilling or scattered during transportation. d. Respect for Customers' Property Contractor shall use due care in entering and exiting Customers' property, using paved walks or surfaces where practicable. Contractor shall exercise due care when handling Containers and shall not cause the Containers to be thrown or dropped during Collection. Within a reasonable time period, not to exceed thirty (30) days without the written consent of the Customer, after receiving notice by phone or other medium, Contractor shall repair or compensate Customer for all damages to Customer's property proven to the satisfaction of the City, to be caused by the inattention carelessness negligence or the intentional acts of Contractor or agents of Contractor. e. Pavement and Utilities Contractor shall be responsible for any damage to any property if proven to be the result of the Vehicles exceeding the legal maximum weight limits of the State of California or the Contractor's negligent operation of the Vehicles. Contractor shall be responsible for damage to public and private utilities, and shall repair or replace such damaged utilities, if proven, to the satisfaction of the City, to be caused by the inattention, carelessness, negligence or the intentional acts of Contractor or agents of Contractor. E Missed Pickups If Contractor misses a scheduled pickup, it shall provide a special pickup within twenty -four (24) hours (Sundays and Holidays excepted) of notice thereof to Contractor at no charge to Customer or City ME g. Hours Except as otherwise provided herein, Contractor shall perform Collection Services within Commercial and industrial areas only between 6 a.m. and 6 p.m., Monday through Saturday, and within Residential areas only between 6:00 a.m. and 6:00 p.m., Monday through Friday, and on Saturday if a Holiday occurs within the preceding week Contractor shall review these hours with City at the beginning of the fiscal year each July at a mutually convenient time to review said hours of refuse collection to ensure customer satisfaction Contractor shall not perform scheduled Collection Services on Sunday, except upon City direction. h. Exceptions to Hours Upon City Representative's Direction Notwithstanding the following provisions of this Article 4, Contractor agrees to provide Commercial Collection Services more frequently than specified above at such times when the City Representative determines there to be circumstances which require more frequent Collection in order to protect and preserve the public health and safety Contractor shall be compensated by the commercial customer at the service rates which apply at such time in accordance with this Agreement. i. Containerization Contractor shall provide Customers with all Residential and Commercial Containers required to provide Collection Services at the prices and sizes listed in Exhibit A. Contractor shall deliver new or fully refurbished Containers, with all signage, decals and other information required hereunder and none relating to other municipalities, during regularly scheduled Collection hours in accordance with subsection (f) of this Section 4.01 The Containers shall be of high quality meeting the highest industry standards. Contractor may decline to Collect MSW that is not placed inside a Container, has been over loaded in Containers by weight or volume in contradiction of the Environmental Health Code, or has been compacted or accumulated in a manner that the MSW will not, of its own weight, fall out of the container in which it is placed when such Container is turned upside down, except for Bulky Waste properly placed for Collection, or detachable containers or drop boxes weighing more than the legal weight limit for Vehicles under any applicable law j. Location of Containers Contractor may decline to Collect MSW from Containers placed other than in accordance with Environmental Health Code or other Collection location designated by the Contractor All Residential Containers shall be placed by residential Customers' at curbside (against the curb) for collection prior to 6 am on the resident's scheduled collection day, in accordance with instructions to be provided by Contractor k. Removal of Containers Within seven days after receiving notice (based on Contractor's employee's observations, information and belief or otherwise) that a formerly unoccupied Residential or Commercial premise becomes occupied, if Contractor does not receive a request for Services, it shall give written notice to the owner or occupant of such premises that weekly Collection Services are required by the Environmental Health Code and simultaneously provide the City with a copy of such notice. It shall be the City's responsibility to enforce all health and safety codes within their jurisdiction. 1. Holidays Contractor shall perform Collection Services scheduled for a Holiday on the next regularly scheduled Collection day immediately following the Holiday, excluding Sundays, and -10- • 0 all Customers serviced the remainder of the Holiday week will be serviced on the next calendar day following their regularly scheduled Collection Day m. Non - Collection Notices When any MSW deposited for Collection is not collected by Contractor, Contractor shall leave a Non - Collection Notice securely attached to Customer's Container or on the door to Customer's premises indicating the reasons for refusal to Collect MSW n. Route Changes Prior to implementing any material changes to its routes, Contractor will submit such changes to the City for approval. City shall not unreasonably withhold its approval of such route changes At the beginning of each fiscal year, in the month of July at a mutually convenient time for both parties. Contractor and City shall review existing routes for residential and commercial refuse collection to ensure customer satisfaction o. Customer Satisfaction Survey City reserves the right to conduct its own surveys or public opinion polls to determine Customer satisfaction with Contractor's services. The results of such surveys shall be shared with Contractor in order to identify any possible improvements in Contractor's services. p. Customer's Privacy. Contractor shall not market, sell, convey, donate or disclose to any Person any list with the names or addresses of Customers or information regarding the composition or content of Customers' MSW, unless authorized or required by Applicable Law, the City or a court of competent jurisdiction. q. Cooperation with Waste Studies. Contractor shall cooperate with City on any and all customary and reasonable solid waste composition studies, at no additional cost to City r. Recycled Materials. Contractor shall use Reasonable Business Efforts to procure supplies with post- consumer recycled content. All educational materials will be printed on material with post- consumer recycled content and be so marked, to the extent practicable and feasible given the nature and quality of the materials to be produced. 4.02 Residential Customer Collection Service. a. Services Provided Contractor shall collect the Refuse, Recyclables and Green Waste from each Residential Customer in the City on the same regularly scheduled day, except for Holidays, at least once every seven (7) days, for the rates set forth in Exhibit A, as scheduled and noticed to the Residential Customer Contractor shall provide fully- automated collection of Refuse, Recyclables, and Green Waste from Contractor - provided wheeled carts commencing on or before January 1, 2004 Until such time that Contractor is required to provide fully- automated collection services, Contractor shall provide manual collection services from customer - provided containers and shall be obligated to collect only those waste streams that were being collected by the City's residential waste hauler prior to November 1, 2003 -11- b. Change of Collection Days Except as provided in Section 4 01(g), Contractor shall obtain written approval from the City Representative prior to any change of Collection days. Such approval shall not be unreasonably withheld. Contractor shall give written notice to affected Customers not less than fourteen (14) days before Contractor changes any regularly scheduled Collection day c. Maps Contractor shall provide City with route maps detailing all Residential Collection routes. All residential routes utilized by Contractor shall be approved by City to ensure customer satisfaction. All residential routes shall be reviewed each fiscal year in July at a mutually convenient time for both parties to ensure customer satisfaction. 4.03 Commercial Customer Collection Service. a. Services Provided Contractor shall collect Refuse from each Commercial Customer in the City at. least once every seven (7) days, Monday through Friday, on Saturday upon the request of the Commercial Customer and at such additional times as Contractor and Commercial Customer may agree. Rates for such Collection shall be as set forth in Exhibit A. 4.04 Special Collection Services. a. Bulky Waste Contractor shall Collect Bulky Waste at the curbside each Saturday, for those Residential Customer's calling to schedule a Bulky Waste pick -up. Residential Customers must request the pick -up no later than 5 pm on the Thursday preceding the Saturday Bulky Waste pick -up day At Contractor's discretion, alternative collection days may be scheduled with any Residential Customer. Residential Customers will be limited to five (5) Bulky Waste items per call -in and such items must be of a size and weight that they can be safely lifted and managed by no more than two (2) persons. Contractor shall provide this service free of charge to the residential customer and to the City. More than five(5) Bulky Waste items per call in shall be charged to the residential customer through the monthly billing provided by the City. b. Illegal Dumping Within forty -eight (48) hours during regular work hours, or a reasonable time period for non - regular work hours, of receiving City's request, Contractor shall Collect and deliver to a Disposal Facility all spilled or illegally dumped MSW in amounts up to that which can be collected by a two - person crew in a large pick up truck or Collection Vehicle, during regular work hours and, if public health and safety are threatened, at night and on weekends. City shall reimburse Contractor for these services based upon a per vehicle hour rate structure plus any applicable materials and/or disposal costs. c. Special Events Contractor shall provide solid waste collection services to those City sponsored special events. Examples for such city sponsored special events are listed in Exhibit "B" but are in no way exclusive as the only Citv sponsored special events as Contractor agrees that special events are added/deleted and change with time Special events also include Block Wach Capitan roll off bin allowance. d.. 12- • action) concerning any Hazardous Waste at any place where Contractor delivers, stores, processes, recycles, composts or disposes of MSW to the extent that such liabilities are caused by Contractor's negligence or willful misconduct. Nothing in this subsection shall be construed to require Contractor to indemnify the City for liabilities caused by the sole negligence of the City This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. City and Contractor agree to confer following any trial to decide jointly whether to appeal or to appose any appeal. In the event City and Contactor jointly agree to appeal, or to oppose any appeal, City and Contractor agree to share equally the costs of appeals Should either City or Contractor decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. Hazardous Substances Idemnification Contractor shall defend, indemnify and hold harmless City, its elected officials officers employees volunteers agents assigns and an y successor or successors to City's interest from and against all claims actual damages (including but not limited to special and consequential damages), natural resources damages punitive damages, punitive damages, injuries, costs, response, remediation and removal costs losses demands, debts liens liabilities causes of action suits legal or administrative proceedings interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning anv hazardous substance in any Solid Waste collected by Contractor pursuant to this Agreement is or has been transported: transferred, processed stored disposed of or has otherwise come to be located by Contractor, at places other than facilities owned and operated by Contractor, or its activities pursuant to this Agreement in a release of hazardous substances into the environment. This indemnity is intended to operate as an agreement pursuant to section 107 (e) of the Comprehensive Environmental Response Compensation and Liability Act, "CERCLA ", 42 U.S.C. section 9607(e) and California Health and Safety Code section 25364 to defend, protect, hold harmless and indemnify City from all forms of liability under "CERCLA ", other statutes or common law for any and all matters addressed in this Section and shall be limited to the extent of the City's liability. This provision shall survive the expiration of the period during which collection services are to be provided this Agreement. With respect to Solid Waste collected by Contractor pursuant to this Agreement which has been transported transferred processes stored disposed of or has otherwise come to be located by Contractor at places owned or operated by Contractor,* its subsidiaries or affiliates on the date of execution of this Agreement or any other disposal facility offering a Hazardous Substances Indemnification Provision which, on City's judgment offers the same or greater protection as provided in Exhibit "A ", Contractor shall deliver a Hazardous Substances -15- 9 Indemnification in the form , or the form in substance, as set forth in Exhibit "A" to this Agreement. CERCLA Defense Records. Contractor shall maintain data retention and preservation systems which can establish where Solid Waste collected in the City was landfilled (and therefore fears after the ter services are to be provided pursuant to this Agreement or to provide copies of such records to City. Contractor agrees to notify City's Risk Manager and City Attorney before destroying such records. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. AB 939 Indemnification. Contractor agrees to meet the requirements of City's Source Reduction and Recycling Element with respect to the Solid Waste it collects within the City Franchise agrees to protect, defend, indemnify and hold City elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest harmless against all fines or penalties imposed by California Integrated Waste Management Board in the event the diversion, source reduction and recycling goals of AB 939 are not met by the City of Lynwood with respect to the waste stream covered by this Agreement or Contractors delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. ARTICLE 5. SERVICE ASSETS AND COLLECTION EQUIPMENT 5.01 Service Assets. Contractor shall finance, procure, repair and maintain, at its own cost and expense and without any compensation in excess of its Service Fee, Service Assets in sufficient number, design and capacity to enable Contractor to perform Services without interruption in accordance with the terms of this Agreement. 5.02 Vehicle Specifications, Maintenance and Appearance. During the term of this Agreement, Contractor shall use Vehicles registered with the Department of Motor Vehicles of the State of California. Contractor shall obtain a smog check certificate of compliance as required by Applicable Law for each Vehicle. The Vehicles shall meet or exceed all requirements of the California Highway Patrol and shall be maintained in good and clean condition and repaired in accordance with industry standard to ensure proper and safe operation. Contractor shall maintain a maintenance log for all Vehicles of their maintenance records conforming to the highest standards of the Department of Transportation. The Vehicles shall be uniformly painted. Vehicles shall be washed regularly and painted as required to maintain an acceptable appearance. In addition to bi- annual "BIT" inspections conducted by the California Highway Patrol, the City reserves the right to conduct an annual inspection of Vehicles. 5.03 Vehicle and Equipment Identification. Contractor shall ensure that its name and telephone number are visibly displayed on both sides, and that its Vehicle number is visibly -16- 0 displayed on the rear, of its Vehicles indicating the Vehicles are owned and operated by Contractor 5.04 SCAQMD Rule 1193- Contractor will follow the engine and fuel technology guidelines referenced in SCAQMD Rule 1193 as it relates to vehicles to be placed in service in the City In meeting these guidelines, Contractor will place in service Liquefied Natural Gas (LNG) vehicles no later that May 1, 2004 unless such deadline is extended based on the mutual agreement of the parties. Notwithstanding the above, and given the rapidly changing technology in the area of alternative fuels and low emissions vehicles and standards, City agrees to enable Contractor to propose any reasonable alternative technology that the SCAQMD may hereafter approve whether or not specifically related to Alternative Fuel engines and fuels only if such alternatives) has a lower emission than LNG vehicles utilized in this Agreement. If Contractor fails to implement the use of LNG vehicles by May 1, 2004, Contractor shall pay a fine of five hundred dollars ($500.00) per day per vehicle utilized in residential and commercial refuse collection. 5.05 Vehicle Noise. The noise level generated by the Vehicles using compaction mechanisms during the stationary compaction process shall comply with OSHA regulations or Applicable Law inclusive of any City ordinances 5.06 Safety Markings. Contractor shall ensure that all Service Assets bear all necessary and appropriate safety features, including highway lighting, flashing and warning lights, clearance lights, and warning flags, in accordance with the requirements of the California Vehicle Code and other Applicable Law 5.07 Request for Containers. Upon the telephonic or written request of a Customer, Contractor shall exchange Containers for different sizes, deliver additional Containers or remove excess Containers within ten (10) days of receiving notification, and at the Container exchange rates, if applicable, set forth in Exhibit A. Residential Customers shall be entitled to one Container exchange per year, at no additional charge, if such exchange request relates to a change in the size of the refuse Container used. Residential customers shall be entitled to one container exchange for each service type if said container is damaged and inoperable for its purpose (for example, leaking container, broken handle, etc.) at no additional charge. City reserves the right to require a Commercial Customer to use a larger Container or additional Containers if the Commercial Customer's Containers are inadequate for the volume of MSW generated on the Customer's premises. In the event of repeated overflows of Commercial MSW for a particular Customer, Contractor shall first discuss increasing the size or number of Containers with the Customer and, if unsuccessful, Contractor shall notify the City Representative. 5.08 Annual Cleaning of Containers. At the request of a Commercial Customer, Contractor shall exchange and clean Commercial Containers which hold primarily putrescible MSW, including grocery stores and restaurants, once each year at no charge, to prevent odors, reduce -17- vectors and project a presentable appearance. Any requests beyond once each year shall be at the bin cleaning rates set forth in Exhibit A. 5.09 Repair or Replacement of Containers. Within one (1) week of a request for repair from a Customer or the City Representative, Contractor shall repair Commercial Containers that have been damaged or, if the repair cannot be completed within one week, Contractor shall provide Customer with a replacement Container , at the rates set forth in Exhibit A. Upon the request of a Customer or the City Representative, Contractor shall repair or replace Residential Containers that have been damaged at no charge to the Customer on the next regularly scheduled Collection day, unless damage to the Container is found to be caused by negligence or willful actions of the Customer 5.10 Materials Identification on Containers. Containers shall be in readily identifiable colors approved by the City with information embossed to facilitate Customer's ready recognition of Refuse, Green Waste and Recyclables. ARTICLE 6. CUSTOMER SERVICE AND PUBLIC RELATIONS 6.01 Office Hours. Contractor's office hours shall be, at a minimum, from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays and Holidays and posted lunch hour A representative or employee of Contractor shall be available at Contractor's office during office hours for communication with the City Representative or the public. 6.02 Telephone Hours. Contractor shall maintain a local telephone number, toll -free to Customers, between the hours of 7 a.m. and 5.30 p.m. Monday through Friday and Saturday between the hours of 7 a.m. and 12:00 p.m., except for Holidays. Contractor shall at all times maintain the capability of responding to all telephone calls in English and Spanish with a local telephone number 6.03 Emergency Telephone Numbers. Contractor shall provide City with a current emergency telephone number of Contractor's key personnel for use by City personnel during other than normal office or telephone hours. City shall maintain the confidentiality of said telephone numbers. Contractor's key personnel shall contact the City as soon as possible after City's call, and in no event less than one hour 6.04 Telephone Equipment. Contractor shall maintain a telephone answering system capable of accepting sufficient number of incoming calls at one time in order to comply with the response standards detailed in Section 6.06. 6.05 Computer Information Systems. For the purpose of updating the City's services information computer, Contractor shall provide City with general information regarding its Collection Services, including instructions for disposal of Refuse, Recyclables and Green Waste MR 0 • for Collection and Bulky Waste pickup program and Hazardous Waste disposal sites. Contractor may also establish a web site on the Internet, which is also capable of generally providing Customers with information about Services provided by the Contractor -19- 6.06 Customer Complaints and Inquiries. a. Response Standards Contractor's telephone system shall answer all incoming calls at Contractor's Customer Service office within thirty (30) seconds. During and after Telephone Hours, Contractor's telephone system shall include a taped message informing Customers of Office Hours, office location and Telephone Hours. b. Complaint Records Contractor shall enter in a daily record all complaints, including date, time, complainant's name and address if the complainant is willing to give this information, and the nature, date and manner of resolution of the complaint. The daily record shall be available to the City upon request. c. Customer Service Operators Contractor shall ensure that its customer service operators are professional and courteous. Contractor shall provide at least six hours of initial training for this purpose and shall further provide on -going training, including on- job - training with supervisors monitoring operators' calls. 6.07 New Services. Contractor shall use Reasonable Business Efforts to ensure that Customers are informed in a timely manner about new Service programs or the introduction of new elements in Services required by the Contractor and approved by the City Contractor shall inform Customers of such changes through a public awareness plan, which shall include direct mailings, billing inserts and/or local advertising, prior to the implementation of such changes. 6.08 Community Relations Plan. Contractor shall use Reasonable Business Efforts to outreach and educate the public on the importance of recycling and separating MS W in order to achieve maximum waste diversion. ARTICLE 7. CONTRACTOR'S RATES AND BILLING 7.01 Contractor's Rates and Billing Responsibilities. Contractor's Service Fees for Services provided to Customers shall be those set forth in Exhibit A, or as may be amended by action of the City Council and Contractor from time to time pursuant to Article 9 of this Agreement. 7.02 Contractor's Billing Responsibilities - Contractor shall be responsible for the billing of all Commercial Services provided in the City Contractor shall invoice Commercial Customers monthly in advance, and Roll -Off Customers bi- monthly in arrears, and, upon City direction, shall add City's taxes, fees and other charges with the Service rates. City may, at its sole discretion, require Contractor to itemize or identify such taxes, fees and other charges on Customer's invoices. City shall provide Contractor with at least sixty (60) days written notice of any changes to such taxes, fees and other charges. It shall be Contractor's responsibility to collect amounts so billed and to remit such collected Franchise Fees and Administrative Fees to the City in accordance with Section 8.01 Contractor shall have the right to institute any -20- procedures necessary to facilitate the collection of delinquent accounts including the imposition of penalties, late fees, and/or the stoppage of service. Contractor shall have the right to charge a restart fee for reactivated accounts that have been stopped due to non - payment. Contractor shall be responsible for taking and responding to Customers' calls and correspondence with respect to any and all billings generated by Contractor City shall be responsible for assisting the Contractor in the collection of delinquent accounts through the issuance of citations, liens, utilities stoppage, or other means, including amendments to its Municipal Code as necessary to assist with such enforcement, in order to ensure proper payment to the Contractor for services provided. 7.03 City's Billing Responsibilities. City shall be responsible for the billing and collection of all Residential Services provided by Contractor, based upon the Service Fees set forth in Exhibit A. City shall remit payment to Contractor, monthly, within thirty (30) days from the month of service. Included with such payment to Contractor shall be detail as to the number of residential dwelling units, applicable Service Fees, and the fees withheld pursuant to Section 8.01 of this Agreement. Contractor shall be compensated based on actual Services provided regardless of amounts billed to and collected from Residential Customers by City City shall be responsible for receiving and responding to Customers' calls and correspondence with respect to any and all billings generated by the City ARTICLE 8. CONTRACTOR'S PAYMENT TO CITY 8.01 Franchise Fee. Contractor shall pay to the City for the privilege and in consideration of the license granted hereby, a Franchise Fee equal to fifteen percent (15 %) and an Administrative Fee of seven percent (7 %), of the gross billing by Contractor of commercial customers and City of residential customers provided by the terms of this Agreement Contractor shall remit such Franchise and Administrative Fees to the City, on a monthly basis, thirty.(30) days after the end of each fiscal quarter For those services billed by the City pursuant to Section 7 03 of this Agreement, City shall have the right to deduct, from the Service Fee payable to Contractor, the Franchise Fee of 15% and the Administrative Fee of 7 %, prior to remitting payment to Contractor 8.02 Advance Payment of Franchise Fee. Contractor agrees to pay City on November 1, 2003, the amount of eight hundred thousand dollars ($800,000.00) as advance payment of franchise fee and the depreciate this amount over ten (10) years in equal amounts (i.e., eighty thousand dollars $800,000 per year) from yearly franchise fee without any interest. ARTICLE 9. ADJUSTMENTS TO CONTRACTOR'S COMPENSATION 9.01 Adjustments. Deleted. -21- • 9.02 Annual CPI Adjustments. Contractor shall be entitled to annual rate adjustments, to the Service Fees set forth in Exhibit A, in an amount equal to the percentage increase in the Consumer Price Index for all Urban Consumers for the Los Angeles- Anaheim- Riverside Standard Metropolitan Statistical Area ( "Index ") for the twelve (12) month period preceding the November 1 adjustment date, as described below There shall be no escalation of rates for Commercial or Residential Services pursuant to the terms of this Section 9 02 until August 31, 2005, whereupon the escalation shall be equal to the percentage change in the Index for the twelve (12) month period preceding the August 31 adjustment date, as described below Requests for rate annual escalations hereunder shall be made in writing to the City Manager on or before August 31 st of each applicable year and shall cover the Index for the twelve (12) month period from July of the immediately preceding year to July of the current year preceding the November 1 adjustment date. Rate increases shall not become effective until the first day of November following the date of the written request. It is further agreed that the annual CPI adjustment will be limited to 2.5 %. yearly starting November 1, 2005. ARTICLE 10. RECORDS AND REPORTING 10.01 Maintenance and Audit of Records. Contractor shall accurately maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents required to be maintained hereunder or evidencing or relating to charges for Services, the Service Fee, or performance hereunder, including routing, complete list of Customers, level of Customer's Services, Customer complaints, employee training, inventory, maintenance logs, etc. ( "Records ") for the term of this Agreement, or any longer period required by Applicable Law Contractor shall maintain complete accounting records pertaining to cash receipts, billing and disposal records for the City area ( "Accounting Records ") prepared on an accrual basis in accordance with generally accepted accounting principals for at least three (3) years following the close of Contractor's fiscal year The Records and Accounting Records, as defined herein, if any, shall be subject to audit and inspection, for the primary purpose of reviewing billing operations, accounts receivable and customer service, by the City, its auditors or other agents, at any reasonable time, such audit or inspection to take place at Contractor's address indicated for receipt of notices, or such other location as may be mutually agreed to by the parties. Contractor shall provide to City computer access at all times to monitor commercial billing records. 10.02 Reporting Requirements. a. Monthly Contractor shall submit written monthly reports to the City, upon request, at the same time Contractor submits billing information to the City in accordance with Section 7 02. Contractor shall maintain and make available to the City, upon request, the number of tons of Residential and Commercial Refuse, Recyclables, Green Waste and Bulky Waste Collected and -22- 0 • delivered to the Disposal Facility, Processing Facility, or Green Waste Facility Residential Collection of Recyclables shall be summarized by commodity and the amount Collected. b. Annual Contractor shall submit annual reports to the City, upon request, on or before January 15 of each year totaling the information contained in the monthly reports for the year Upon request by the City, Contractor shall complete all annual reports required by AB 939 within the time period established by the State of California. Upon request by the City, Contractor shall make an oral presentation of the annual report to the City Council of the City at the City Council meeting specified by the City c. Additional Information Contractor shall use Reasonable Business Efforts to incorporate into the reports required by this Section 10.02 any additional information requested by the City Contractor shall incorporate into such reports any new reporting information required by Applicable Law 10.03 Contractor's Financial Statement. Upon request by the City, Contractor shall deliver to City consolidated annual audited financial statements (Annual Report and Form 10 -K) of Contractor's parent company, Republic Services, Inc., along with the related auditor's opinion, for such fiscal year City shall hold Contractor's Accounting Records and financial statements confidential to the extent permitted by Applicable Law -23- 0 • ARTICLE 11. INDEMNITIES, INSURANCE, BONDS 11.01 Indemnification of City. Contractor shall indemnify and hold harmless the City, its officers, agents and employees, from and against any and all loss, liability, penalties, claims, demands, actions or suits, of any and every kind and description, arising or resulting from. (i) the acts or omissions of Contractor, its agents, employees or subcontractors, in exercising the privileges granted to it hereunder; and (ii) the failure of Contractor, its agents, employees and/or subcontractors, to comply in all respects with the material provisions and requirements hereunder Contractor shall, upon demand of City, at Contractor's sole cost and expense defend City, its officers, agents and /or employees against any and all claims, actions or suits in any legal proceedings (whether judicial, quasi - judicial, administrative or legislative in nature) brought against the City, its officers, agents and/or employees arising or resulting from the situations described in (i) and (ii) above. 11.02 Limitation on Indemnification. Notwithstanding the provisions of Section 11 01, Contractor shall not be required to appear or act in any litigation based solely upon the negligent or intentional acts or omissions of the City, its officers, agents and/or employees, except to the extent that insurance is provided hereunder in favor of the City 11.03 Insurance. Contractor, at its sole cost and expense, shall secure and maintain, and shall requires it subcontractors to secure and maintain, during the term of this Agreement, insurance of the types and in the amounts described below and satisfactory to the City from insurers having an A.M. Best Company rating of no less than A. VII and licensed to do business in California. a. Commercial General Liability Insurance Time of occurrence based commercial general liability insurance or equivalent form with a combined single limit of not less than $3,000,000 per occurrence with coverage for premises and operations, contractual liability, personal injury, completed operation and property damage. b. Automobile Liability Insurance Comprehensive automobile liability insurance or equivalent form (owned, non -owned and hired autos, as applicable) with a combined single limit of not less than $3,000,000 per occurrence. c. Workers' Compensation Insurance A workers' compensation liability policy written in accordance with the laws of the State of California and providing coverage for any and all employees of Contractor and employers' liability insurance with limits of not less than $1,000,000 per occurrence. 11.04 Required Insurance Endorsements. With the exception of Workers' Compensation Insurance policy required pursuant to Section I I.03c, which shall only require endorsement (4) of this Section, all of the following shall be made a part of the insurance certificates required by Section 1103 (1) "The City of Lynwood, its employees, officers, agents and contractors are hereby added as additional insured." -24- (2) "This policy shall be considered primary insurance as respect any other valid and collectible insurance the City of Lynwood may possess including any self - insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance only " (3) "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company " (4) "Sixty (60) days prior written notice shall be given to the City of Lynwood in the event of cancellation, reduction in coverage, or non renewal of this policy for whatever reason." 11.05 Evidence of Coverage. Simultaneously with execution hereof, Contractor shall deliver to City properly executed certificates of insurance, which shall clearly evidence all insurance required hereunder. 11.06 Performance Bond. Contractor shall secure and maintain during the term of this Agreement a performance or surety bond as security for the faithful performance of Contractor of all of the provisions and obligations of this Agreement in the amount of $2,000,000 in substantially the form and containing terms acceptable to the City from underwriters having an A.M. Best Company rating of no less than A. 7 The requirement to maintain a performance or surety bond during the term of this Agreement may be accomplished through annual renewals thereof. ARTICLE 12. CONTRACTOR'S PERSONNEL 12.01 Driver Licensing and Safety. Contractor shall ensure that all drivers of the Vehicles possess and carry a valid California driver's license of the appropriate class for the Vehicles. Contractor shall provide suitable operational and safety training for all of its personnel including instruction on the identification and handling of Hazardous Waste. Contractor shall implement drug and alcohol testing in accordance with Applicable Law Contractor shall maintain reward or incentive programs to encourage good operations and safety 12.02 Identification, Appearance, Conduct. Contractor shall require any of its personnel that come into contact with the public to wear a uniform, approved by the City, that identifies the name of such personnel. Contractor shall ensure that its personnel conduct themselves in a courteous, professional manner Contractor shall maintain reward or incentive programs to encourage good community relations and customer service. In the event Contractor's personnel fail to abide by these standards, Contractor shall take all appropriate corrective measures. -25- 12.03 Field Supervision. Contractor shall provide one qualified individual as supervisor of field operations who shall be equipped with a Vehicle and two -way radio or mobile telephone and shall devote the necessary amount of time in the field within the City, checking Collection operations, coordinating improvements to Services, resolving field problems and responding to complaints of Customers in person or by telephone. Drivers in Vehicles shall also be equipped with a two -way radio. 12.04 No Gratuities. Contractor shall not permit its personnel to demand or solicit, directly or indirectly, any additional compensation or gratuity from Customers or an) members of the public. 12.05 No Discrimination. In the performance of the Services hereunder, Contractor shall not discriminate against any person on the basis of such person's race, sex, color, national origin, religion, marital status or sexual orientation and shall comply with all Applicable Law regarding nondiscrimination, including those prohibiting discrimination in employment. 12.06 Compliance with Laws. Contractor shall maintain all records indicating compliance with the Federal Immigration and Control Act of 1986 and shall make records available for inspection by the City upon request. Contractor shall comply with all Federal and State laws regarding Affirmative Action policies and guidelines. 12.07 City Employees. Contractor shall not offer the City Representative or other officers and employees of the City, employment in matters which are connected with their former duties or official responsibilities without City consent, which shall be given in City's sole discretion. ARTICLE 13. BREACHES, DEFAULTS AND REMEDIES 13.01 Events of Default. Each of the following shall constitute an event of default ( "Event of Default ") hereunder (1) Contractor fails to make at least 99 0% of the gross number of scheduled Collections in any Contract Year; or (2) Contractor defaults in the performance of any of its material obligations under this Agreement; or (3) Contractor fails to provide or maintain in full force and effect the insurance coverage, performance bond or guaranty as required by this Agreement; or (4) Contractor fails to comply with Applicable Laws which are directly related to Contractor's ability to provide the Services, unless such failure is being contested by Contractor by appropriate proceedings conducted in good faith. This subsection is not intended to apply to minor violations of the law which can be remedied; or -26- 0 • (5) Contractor or Contractor's officers, directors or employees practices any fraud or deceit upon the City or upon Customers, as determined by a court of final jurisdiction; or (6) Contractor becomes insolvent, unable or unwilling to pay its debts and obligations, or is adjudged to be bankrupt. b. Notwithstanding any provision to the contrary set forth herein, Contractor shall not be deemed in breach or default if Contractor's failure to perform under this Agreement is due to Uncontrollable Circumstances provided that City retains the right to perform Services itself in accordance with Section 13.03 13.02 Notice. In its monthly report submitted to the City in accordance with Section 10 02, Contractor shall certify to City that it has met its Service obligations during such month. If the Contractor cannot so certify, if its complaint record evidences, or if the City Manager determines that Contractor has failed to meet its Service obligations or has committed an Event of Default, the City Manager shall notify Contractor of such deficiencies or the nature of the Event of Default. The City Manager may, in such written notice, set a reasonable time within which correction of all deficiencies and/or defaults is to be made, which unless otherwise specified, shall be thirty (30) days from the receipt by Contractor of such written notice. 13.03 Remedies. If Contractor fails to correct, or commence correcting, the deficiencies and/or the Event of Default within the time period established pursuant to Section 13.02 of this Agreement, City shall have the right, but not the obligation, to exercise any or all of the following remedies: a. Termination. City may terminate this Agreement or any portion of the Contractor's Service obligations by giving Contractor notice of termination, which shall be effective thirty (30) days thereafter Provided, however, if the Event of Default endangers public health, safety or welfare, termination shall be effective immediately b. Perform Services Itself. City may perform, or contract for the performance of, any or all of Contractor's Service obligations. City has no obligation to provide or continue providing Services and may, at any time, in its sole discretion, cease to provide such Services, demand that Contractor resume providing such Services or contract with another service provider C. Other Remedies. City may exercise any other available remedies at law and in equity 13.04 Appeal. Contractor shall have the right to file a "Notice of Appeal" with the City Manager within ten (10) days of receipt of the City's decision to terminate this Agreement, to perform Services hereunder itself, and/or any other remedy exercised by the City Within ten (10) working days of receipt of a timely Notice of Appeal, the City Manager shall refer the appeal for non - binding mediation to be resolved by an independent mediator mutually selected by the City and Contractor The City and Contractor shall share equally in the costs of the independent mediator Both parties shall, in good faith and in writing, promptly provide the -27- independent mediator with any all information and documentation required or requested by the independent mediator in order to make its determination. The independent mediator shall make its determination based on the submissions of the parties, the provisions hereof, its experience with similar services and disputes, and other factual determinations it may make regarding the matter in dispute. If the independent mediator cannot resolve the dispute within thirty (30) days following such referral, the City Manager shall refer the appeal to the City Council for a hearing in accordance with Section 13 05 13.05 Hearing. If the appeal is referred to the City Council in accordance with Section 13 04, the City Clerk shall give the Contractor and any other person requesting the same, at least ten (10) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager describing the deficiencies or Event of Default and shall give the Contractor or its representative and any other interested person an equivalent opportunity to be heard. 13.06 Findings. Based upon a preponderance of the evidence presented at the hearing conducted pursuant to Section 13 05, the City Council shall make appropriate findings of fact before determining what action should be taken if, based upon the record, the City Council determines that the Contractor is in breach of any material term of this Agreement or any material provision of Applicable Law or has committed an Event of Default. Contractor's performance under this Agreement is not excused during the period of time prior to the City Council's final determination pursuant to this Section 13.06. ARTICLE 14. GENERAL PROVISIONS 14.01 Independent Contractor. Contractor shall perform Services hereunder as an independent contractor and not as an officer, agent, servant, employee, partner orjoint venture with City No employee or agent of Contractor shall be deemed to be an employee or agent of City Contractor shall have exclusive control over the details of the Services performed hereunder and Contractor shall be solely responsible for the acts and omissions of it officers, employees, contractors, subcontractors and agents, none of whom shall be deemed to be an officer, agent, servant or employee of the City Neither Contractor nor its officers, employees, contractors, subcontractors and agents shall obtain any rights to retirement benefits, workers compensation benefits, or any other benefits which accrue to City employees and Contractor expressly waives any claim it may have or acquire to such benefits. 14.02 Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without giving effect to the State's principles of conflicts of laws. in 9 0 14.03 Amendment. The parties may change, modify, supplement or amend any provision of this Agreement, including the scope of Services, upon mutual written agreement duly authorized and executed by both parties. 14.04 Assignment. This Agreement is assignable only with the written consent of both parties, such consent not to be unreasonably withheld. Contractor's transfer or assignment of this Agreement to an affiliate or to another wholly -owned subsidiary of Contractor's parent company, by operation of law or otherwise, shall not be deemed an assignment for purposes of this Section 14.04 Consent to one assignment shall not be deemed a consent to an) subsequent assignment. The City's exercise of its rights under Section 13 03(b) shall not be deemed or construed to be an assignment by the City 14.05 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and be binding on the successors and permitted assigns of the parties. 14.06 Compliance with Law. Contractor shall perform, and shall cause any contractors or subcontractors to perform, all Services in accordance and compliance with Applicable Law, including obtaining and maintaining throughout the term of this Agreement all necessary permits, licenses and approvals required to perform Services. 14.07 Waiver. The waiver by City or Contractor of any breach or violation of any term, covenant or condition of this Agreement shall not be deemed to be a continuing waiver of that term nor a waiver of any other term, covenant or condition or of any subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent acceptance by City of any fee or of any other moneys which may become due hereunder to City shall not be deemed to be a waiver of any preceding breach or violation by Contractor of any term, covenant or condition of this Agreement. 14.08 Notices. All notices, demands, requests, approvals, disapprovals or other communications whatsoever which this Agreement contemplates or authorizes, or requires or permits either party to give to the other, shall be in writing and shall be sent by facsimile, provided that any facsimile shall be promptly followed by personal or mailed delivery, or be personally delivered to a representative of the parties at the respective address below, or be deposited in the United States Mail, first class postage prepaid (certified mail, return receipt requested) or by commercial delivery service providing delivery verification, addressed as follows: If to City: City Manager (or his or her designee) City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Facsimile: (310) 764 -4908 If to Contractor- Consolidated Disposal Service, L.L.C. Attn: President -29- 12949 Telegraph Road Santa Fe Springs, CA 90670 Facsimile: (562) 663 -3494 Notice by City to Contractor of a missed pick -up or a Customer problem or complaint may be given to Contractor orally by telephone with written confirmation sent to Contractor within twenty -four hours of the oral notification. 14.09 Non - discrimination. Contractor shall not discriminate against Customers entitled to Service hereunder on account of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex or such persons, as otherwise prohibited by and in accordance with Applicable Law 14.10 Severability. If any non - material provision of this Agreement shall for any reason be held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been.contained herein. 14.11 Headings. The section and paragraph headings contained herein and the Table of Contents attached hereto are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 14.12 Interpretation. This Agreement shall be interpreted and construed reasonably and neither for nor against either party The parties have negotiated this Agreement at arms length and with advice of their respective attorneys. 14.13 Entire Agreement. This Agreement contains the entire agreement between the parties With respect to the transactions contemplated hereby This Agreement shall completely and fully supersede all prior understandings and agreements between the parties with respect to such transactions. 14.14 Examples. Use of examples are for purpose of illustration only In the event of any ambiguity or conflict between the examples and the provisions which they illustrate, the provisions shall govern. 14.15 Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. 14.16 Authority to Enter Agreement. City and Contractor warrant that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective party to perform the conditions contemplated herein. -30- • • 14.17 Parties in Interest. Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the parties hereto and their representatives, successors and permitted assigns. 14.18 Cooperation / Further Acts. City and Contractor shall fully cooperate with one another in attaining the purposes of this Agreement and, in connection therewith, shall take any such additional further acts and steps and sign any such additional documents as may be necessary, appropriate and convenient as related thereto. 14.19 Actions of City in Its Governmental Capacity. Nothing herein shall be interpreted as limiting the rights and obligations of the City in its governmental or regulatory capacity 14.20 City Representative. The City Representative, which the City designates to be the City Manager or his designee, and which may be changed from time to time upon notice of City to Contractor, shall be authorized to act on behalf of the City in the administration of this Agreement, unless another Person is specifically authorized herein. 14.21 Contractor Representative. The Contractor Representative, which Contractor designates to be Jeff Harwood, and which may be changed from time to time upon notice of Contractor to City, shall be authorized to act on behalf of Contractor in the performance under this Agreement. 14.22 Due Diligence. Contractor acknowledges that the City may be subject to statutory fines for failure to achieve mandated diversion levels and that waste management is a public health and safety concern. Contractor agrees that it shall exercise due diligence in performing Services hereunder 14.23 Service Materials Belong to City. All data, reports, documents, brochures, public education materials, and other computerized, written, printed or photographic materials developed by City or Contractor in connection with Services hereunder, whether developed directly or indirectly by City or Contractor, shall be and shall remain the property of City without limitation or restriction on the use of such materials by City Contractor shall not use such materials in connection with any project not connected with this Agreement without the prior written consent of City -31- IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latter date written below CITY OF LYNWOOD CONSOLIDATED DISPOSAL SERVICE, LLC Mayor ATTEST City Clerk APPROVED AS TO FORM. By City Attorney By Title; -32- �xNI51T A CONTRACTOR'S SERVICE FEES 1 Residential For each single - family residence and for each dwelling -unit within a residential complexes (excluding those residences owned and occupied by a qualified income senior citizen), effective as of November I, 2003 a. Standard monthly service charge for once a week iR ck un of one 64 Gal Recycling cart one 64 Gal green waste cart and one 95 Gal standard residential refuse container. $14.64 b. Extra monthly service charge for each additional standard refuse container of a 95 Gal. Capacity $4.95 2 Residential Senior Citizen - For each single family residence which is owned and occupied by a qualified November 1, 2003 a. Standard monthly service charge for once a week 12ick up of one 64 Gal Recycling car[ one 64 Gal green waste cart and one 95 Gal standard residential refuse container (This reflects a discount of $4.00 ner month) $10.64 on Extra monthly service charge for each additional standard refuse container of a 95 Gal. Capacity $4.95 9 EXHIBIT B CITY FACILITIES II. # Bins Bin Size Events City Hall Bateman Hall Citv Community Ctr Ham Park Teen Center Natatorium Freg. /wk Material Special City Yard 1 3yd As needed Refuse 1 40yd As needed Bulky w 1 40yd* As needed Green 1 40yd* As needed SS debris sponsored special events such as but not exclusively, parades block watch parties etc, for such even ts, as Cinco de Mayo, Labor Dav, Christmas, Fiestas Patrias. "Juneteenth " Mother's Day, Father's Da III Block Watch Captain Contractor agrees to provide City up to twenty five (25) each — forty (40) cubic yards roll -off bins to block watch captains with City's approval for each year of contract at no cost to City. *If requested, CDS will install one or two compactor units in order to maximize the use of space at the City yard • 6 3 Commercial Service: Bin Size $ 16.49 $ 2748 1XWK 2X WK $ 6045 3X WK b. Locking Lids 4X WK SXWK 6XWK cy rate /month Per Month/ $ 71 05 $ 10476 $ 148.21 $ 186.80 $ 225.38 $ 263.96 3 cy rate /month $ 98.28 $ 14048 $ 182.30 $ 224 16 $ 265 96 $ 307.81 cy rate /month $ 109.84 $ 164.81 $ 21964 $ 27446 $ 329.26 $ 384 10 6 cy rate /month $ 142.46 1 $ 213.52 284.60 1 $ 355 61 $ 426.69 $ 497 75 4 Scout Services: IF Month $ 16491$ 27 48 $ 38.47 $ 49 46 $ 60 45 $ 71 44 5 Other Special Service a. Push Out Per Month $ 16.49 $ 2748 $ 38.47 $ 4946 $ 6045 $ 7144 b. Locking Lids Per Month/ Per Bin Compactor Service: Per Pull. $197 16 Plus dump charges plus monthly rental of Comp. and Comp. box, if applicable 6. Roll -Off Service (Including Construction and Demolition) - a. Roll -Off (Not to exceed 8 tons per load) (i) Per Pull. $ 197 16 plus dump charges (ii) Rent: 15 yard box - $ 20.00 /week rent* 25 yard box -$ 20.00 /week rent* 40 yard box -$ 25.00 /week rent* *Applicable only if box is held more than 7 days without a pull (2 -week max. after 1st 7 days) (NOTE. The permissible rates, fees, and charges set forth herein include a 15% franchise fee and 7% admin fee) Commercial recycling containers rate not to exceed 40% of the commercial standard refuse container's rate. Monthly service charge for a 95 Gal. Cart for non - residential recycling items $7.00