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HomeMy Public PortalAboutA 2013-03-05CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603 -0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON MARCH 5, 2013 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 6:00 P.M. SALVADOR ALATORRE MAYOR RAMON RODRIGUEZ MAYOR PRO -TEM JIM MORTON COUNCILMEMBER CITY MANAGER ROGER L. HALEY CITY CLERK MARIA QUINONEZ OPENING CEREMONIES CALL TO ORDER CITY ATTORNEY FRED GALANTE CITY TREASURER EDWIN HERNANDEZ 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Aide Castro Jim Morton Maria T. Santillan -Beas Ramon Rodriguez Salvador Alatorre 4. PLEDGE OF ALLEGIANCE FEB 2 8 2013 CITY OF LYNWOOD CITY CLERKS OFFICE AIDE CASTRO COUNCILMEMBER MARIA TERESA SANTILLAN -BEAS COUNCILMEMBER 5. INVOCATION 6. PRESENTATIONS /PROCLAMATIONS • Women's History Month Proclamation to be Received by the Regal Red Hat Society • Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) COUNCIL RECESS TO: • CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NON - AGENDA PUBLIC ORAL COMMUNICATIONS THIS PORTION PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS WITHIN THE JURISDICTION OF THE COUNCIL AND NOT LISTED ON THE AGENDA. IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT COUNCIL MAY REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) PUBLIC HEARING 8. ZONE CHANGE NO. 2012 -02: 3101 IMPERIAL HIGHWAY, SUITE A; BAIL HOTLINE BAIL BONDS Comments: The applicant, DMCG Inc. (Bail Hotline Bail Bonds), is requesting a Zone Change in order to operate a bail bond establishment at 3101 Imperial Highway, Suite A. The Zone Change request was approved by the Planning Commission on February 12, 2013. (DS) Recommendation: Staff recommends that the City Council conduct the Public Hearing and first reading of the attached ordinance entitled: "AN ORDINANCE OF THE CITY OF LYNWOOD'S CITY COUNCIL APPROVING ZONE CHANGE NO. 2012 -02 TO REZONE THE PROPERTIES LOCATED AT 3101 IMPERIAL HIGHWAY (APN: 6170 - 038 -005), 3123 -3125 IMPERIAL HIGHWAY (APN: 6170 -038- 006,007,035) AND 11150 STATE STREET (APN: 6170 -038- 004) FROM HEAVY COMMERCIAL (C -3) TO CONTROLLED BUSINESS (CB -1) IN CONJUNCTION WITH THE PROPOSAL TO OPERATE A BAIL BOND BUSINESS AT 3101 IMPERIAL HIGHWAY, SUITE A IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA." CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 9. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — February 19, 2013 10. APPROVAL OF THE WARRANT REGISTER Comments: City of Lynwood warrant register dated March 5, 2013 for FY 2012 -2013. Recommendation: Staff recommends that the City Council approve the warrant register. 11. FIRST AMENDMENT TO THE DIRECTOR OF HUMAN RESOURCES' EMPLOYMENT AGREEMENT Comments The Director of Human Resources has served the City for over six years since January S, 2007- Pursuant to the Director of Human Resources' Employment Agreement, the Council and City Manager recently met to review and discuss the At -Will contract terms of the Director's package and to provide staff with direction. Now that negotiations with civil service employees are complete, the first amendment to the employment agreement is proposed for review and approval. (HR) Recommendation: Staff recommends that the City Council review and approve the first amendment to the Director of Human Resources' Employment Agreement. 12. FIRST AMENDMENT TO THE DIRECTOR OF PUBLIC RELATIONS' EMPLOYMENT AGREEMENT Comments The Director of Quality Services Department, renamed Public Relations Department, has been working as an At -Will Director since May 3, 2006. As contract terms were negotiated with civil service employees, the Council recently reviewed and considered revised terms and conditions of At -Will department heads. Therefore, this report provides proposed direction on the First Amendment to the Director's Employment Agreement. (CA) Recommendation: Staff recommends that the City Council review and approve the first amendment to the Director of Public Relations' Employment Agreement. 13. VENDOR PROCUREMENT LIST APPROVAL FOR FY 2012 -13 AND FY 2013 -14 Comments: To expedite purchases of needed maintenance materials, supplies and services staff is requesting the City Council's approval of a vendors list and expenditure cap amounts for FY 2012 -13 and FY 2013 -14. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ATTACHED VENDOR LIST AND EXPENDITURES FOR FY 2012 -13 AND FY 2013 -14 ". 14. AUTHORIZATION TO RELEASE A REQUEST FOR QUALIFICATIONS FOR VARIOUS CONSULTING ENGINEERING AND ARCHITECTURAL SERVICES Comments: To meet the heavy schedule of future anticipated improvement projects for FY 2013- 2015, staff is requesting the City Council's approval to update its original consulting list and solicit various consulting engineering and architectural services for the next three years. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO RELEASE A REQUEST FOR QUALIFICATIONS FOR CONSULTING ENGINEERING AND ARCHITECTURAL SERVICES ". 15. APPROVAL TO AMEND AN EXISTING AGREEMENT WITH MUELLER SERVICE COMPANY FOR THE MAINTENANCE OF VALVES AND HYDRANTS Comments: On March 6, 2012, the City Council awarded a contract to Mueller Service Company, LLC for the valve and hydrant testing, rehabilitation, and information management in an amount not to exceed $152,700. Approval is requested to amend an existing contract with Mueller Service Company to extend the contract end date from June 30, 2013 to June 30, 2014. The recommended contract extension is necessary in order to complete the project. (PW) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING AN EXISTING AGREEMENT WITH MUELLER SERVICE COMPANY, LLC IN SUBSTANTIALLY THE SAME FORM AS THE ATTACHED CONTRACT AMENDMENT NO. 1 TO SERVICES AGREEMENT, TO EXTEND THE AGREEMENT TO JUNE 30, 2014." 16. EAR PROGRAM FUND PHASE II IMPLEMENTATION Comments: On May 22, 2011, Gannett Fleming entered into an Agreement with the City to conduct corrective remediation action at said location using $978,329 of the City's awarded EAR Program funds. As a part of the award, if funds were expended according to schedule, SWRCB had the option to appropriate a second phase of funding without additional application process. Pursuant to Section 2 of said Agreement ( "Term of Agreement "), City Manager or City Council may extend original Agreement if additional EAR funds are awarded the City. On January 15, 2013, the City received notice that the second phase of EAR funding was now available and has been authorized to receive an additional $352,883 for continued remediation efforts. Due to the amount of the award, staff has brought this amendment to Council for approval. The proposed contract amendment will allow Gannett Fleming to continue conducting corrective action at the petroleum UST site located at 11600 Long Beach Boulevard. (CD) Recommendation: Staff recommends that the City adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING GANNETT FLEMING TO USE THE STATE WATER RESOURCES CONTROL BOARD (SWRCB), EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM PHASE II FUNDS IN THE AMOUNT OF $349,109 TO CONTINUE CONDUCTING CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD AND AMEND CURRENT AGREEMENT TO REFLECT A TOTAL CONTRACT AMOUNT OF $1,327,438 ". 17. GARAGE CONVERSION INSPECTIONS Comments: Improper and unpermitted garage conversions adversely affect the lives of those living at or around properties with garages converted to habitable spaces. Illegal garage conversions have greatly contributed to problems of inadequate street parking, excessive trash and excessive use of utilities. (CA) Recommendation: Staff recommends that the City Council receive and file this report. 18. LYNWOOD TROLLEY BUS SERVICE CONTRACT Comments The current service provider, MV Transportation has filed a formal bid protest contesting the contract awarded to Silverado Stages. To prevent interruption of services while this matter is resolved, the City met and conferred with all parties involved and to determine who will provide interim fix bus route services. All parties agreed to have MV Transportation continue in the interim. (PW) Recommendation: Staff recommends that the City Council adopt the attached entitled resolution: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION THE PERIOD COMMENCING MARCH 7, 2013 AND EXPIRING APRIL 30, 2013 ". NEW /OLD BUSINESS 19. FISCAL YEAR 2012 -13 MID -YEAR BUDGET REVIEW Comments: This Mid -Year Budget Review Report will provide an updated General Fund Balance and use of anticipated reserves for FY 13. This report will also provide a comparison of the City's fiscal condition in FY 12 and FY 13 for the period from July 1 through December 31. Lastly, this report will summarize all budget adjustments for Council's consideration for approval which may impact the FY 13 Adopted Budget. (FIN) Recommendation: Staff recommends that the City Council receive this staff report, and adopt one of the attached resolutions entitled: • "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FY 2012 -13 MID -YEAR BUDGET REVIEW REPORT AND APPROVING BUDGET ADJUSTMENTS TO THE FY 2012 -13 ADOPTED BUDGET HERETO ATTACHED AS SCHEDULE A AND ADOPTING THE FY 13 COMMUNITY DEVELOPMENT AND FY 13 SUCCESSOR AGENCY BUDGET HERETO ATTACHED AS SCHEDULE B —OPTION 1" • "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FY 2012 -13 MID -YEAR BUDGET REVIEW REPORT AND APPROVING BUDGET ADJUSTMENTS TO THE FY 2012 -13 ADOPTED BUDGET HERETO ATTACHED AS SCHEDULE A AND ADOPTING THE FY 13 COMMUNITY DEVELOPMENT AND FY 13 SUCCESSOR AGENCY BUDGET HERETO ATTACHED AS SCHEDULE B — OPTION 2" 20. SHERIFF'S DEPARTMENT REQUEST TO TEMPORARILY CLOSE A PORTION OF IMPERIAL HIGHWAY FOR "EVERY 15 MINUTES" EMERGENCY EXERCISE Comments The Sheriffs Department is requesting to use the westbound lanes of Imperial Highway between Jackson Avenue and Sampson Avenue between 9:00 a.m. and 1:00 p.m. on April 11 They are also requesting the City provide street division staff, barricades, and cones to secure the area where the exercise will take place. (PR) Recommendation: Staff recommends that the City Council approve the partial street closure from 9:00 a.m. to 1:00 p.m. on April 11, 2013 for the "Every 15 Minutes" exercise, and as the City's portion of participation provide barricades, cones, and City Street Division staff to man the street closure. 21. TREE PRUNING PLANTING AND MAINTENANCE SERVICES Comments: The current Tree Trimming Contract expired during fiscal year 2010 -11. This contract was subsequently extended for one additional year and included emergency trimming services. The expiration date is now June 30, 2013. (PW) Recommendation: Staff recommends that the City Council consider the options below and direct staff: 1. Go out to formal bid 2. Direct staff to negotiate with current company for better rates. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION SALVADOR ALATORRE, MAYOR RAMON RODRIGUEZ, MAYOR PRO -TEM AIDE CASTRO, COUNCILMEMBER JIM MORTON, COUNCILMEMBER MARIA T. SANTILLAN -BEAS, COUNCILMEMBER CLOSED SESSION 22. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Number of Potential Cases: One B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Unrepresented Employee: Director of Community Development Negotiator: City Manager and City Attorney Under Negotiation: Terms and benefits ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON MARCH 19, 2013 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. 7 DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Jonathan Colin, Director of Development Services J& Octavio Silva, Planning Associate (. S. SUBJECT: ZONE CHANGE NO. 2012 -02: 3101 IMPERIAL HIGHWAY, SUITE A; BAIL HOTLINE BAIL BONDS Recommendation: Staff recommends that the City Council conduct the Public Hearing and first reading of the attached Ordinance entitled: "AN ORDINANCE OF THE CITY OF LYNWOOD'S CITY COUNCIL APPROVING ZONE CHANGE NO. 2012 -02 TO REZONE THE PROPERTIES LOCATED AT 3101 IMPERIAL HIGHWAY (APN: 6170 - 038 -005), 3123 -3125 IMPERIAL HIGHWAY (APN: 6170 - 038 - 006,007,035) AND 11150 STATE STREET (APN: 6170 - 038 -004) FROM HEAVY COMMERCIAL (C -3) TO CONTROLLED BUSINESS (CB -1) IN CONJUNCTION WITH THE PROPOSAL TO OPERATE A BAIL BOND BUSINESS AT 3101 IMPERIAL HIGHWAY, SUITE A IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA." Background: The applicant, DMCG Inc. (Bail Hotline Bail Bonds), is requesting a Zone Change for the following properties, in conjunction with the operation of a new bail bond establishment at 3101 Imperial Highway, Suite A. On February 12, 2013, the applicant's request was presented to the Planning Commission for their review and consideration. During this meeting, the Planning Commission adopted the following items: Resolution No. 3304, recommending approval of Zone Change (ZC) No. 2012- 02 to the City Council, as conditioned. Resolution No. 3305, approving Conditional Use Permit (CUP) No. 2012 -05, a conditioned and to adopt the proposed Negative Declaration. Resolution No. 3303, approving Variance (VAR) No. 2012 -04, as conditioned. ITEM 3 Discussion & Analysis: The project area is located on the north -west corner of Imperial Highway and State Street. The applicant is requesting to operate a bail bond establishment at the property located at 3101 Imperial Highway, Suite A, which is currently zoned Heavy Commercial (C -3) and has a General Plan designation of Commercial. Appendix A of the Lynwood Municipal Code (LMC) conditionally permits Bail Bond Establishments in the Controlled Business (CB -1) zone and requires a five hundred foot (500) distance requirement from a school, park or residential use. In order to operate the proposed bail bond business, the applicant is requesting to change the zoning designation of the subject property as well as the zoning of adjacent properties to the north and east of the subject property (Exhibit No. 1). As a comprehensive zone change, the applicant is requesting to rezone a total of five (5) properties that collectively are 43,560 sq. ft. in area (Exhibit No. 2). The applicant, Bail Hotline Bail Bonds, currently has a business license in the City of Lynwood at 3123 Imperial Highway. The applicant has been an active member of the City's business community since 2010. In an effort to expand their office space and business operations, the applicant is requesting to relocate their business to 3101 Imperial Highway. The project area is located in the Heavy Commercial (C -3) zone. The LMC prohibits bail bond establishments in the C -3 zone, but conditionally permits them in the Controlled Business (CB -1) zone. On February 12, 2013, the applicant obtained Planning Commission approval of CUP No. 2012 -05 and VAR No. 2012 -04 in order to operate the proposed business. Fiscal Impact: The proposed project will generate revenue for the City of Lynwood, in terms of plan -check and development impact fees, building permits, Art in Public Places as well as a business license fee. In addition to other benefits to the community, the project can generate additional sales tax for the City which are undetermined at this time. Coordinated With: City Attorney's Office Attachments: Project Profile Location Map Exhibit No. 1- Assessor's Parcel Map Exhibit No. 2- Zone Change Matrix Ordinance 2 PROJECT PROFILE ZC No. 2012 -02 3101 Imperial Hwy (APN: 6170 - 038 -005) 3123 -3125 Imperial Hwy (APN: 6170 - 038 -006, 007, 035) 11150 State St. (APN: 6170 - 038 -004) 1. Source and Authority LMC Section 25 -114.4 sets forth two (2) findings the Planning Commission must make in order to approve a Zone Change. 2. Property. Location and Size Project site is located on the north -east corner of Imperial Highway and State Street. The project site encompasses a total of five (5) properties that collectively are 43,560 sq. ft. in area. 3. Existing Land Uses Site Developed North: Residential South: Commercial West: Commercial East: Commercial 4. Land Use Designation The adjacent properties' General Plan and Zoning designations are as follows: Site General Plan Zoning North: Residential Multi- family Residential (R -3) South: Commercial Long Beach Blvd. Specific Plan West: Commercial Heavy Commercial (C -3) East: Commercial Heavy Commercial (C -3) 5. Site Plan Review The Site Plan Review Committee has reviewed and approved the project. 6. Code Enforcement History Property at 3101 Imperial Hwy was issued a "Stop Work Notice ". 7. Public Response None on record at the time of this report. 3 ADDRESS CASE NO.: APPLICANT: APN: LOCATION MAP A. 3101 Imperial Highway Lynwood CA 90262 3123 -3125 Imperial Highway, Lynwood, CA 90262 11150 State Street, Lynwood, CA 90262 ZC No. 2012 -02 DMCG Inc. Bail Hotline Bail Bonds 6170 - 038 -005 6170- 038 - 006,007, 035 6170- 038 -004 4 3101 Imperial Highway Lynwood CA 90262 3123 -3125 Imperial Highway, Lynwood, CA 90262 11150 State Street, Lynwood, CA 90262 ZC No. 2012 -02 DMCG Inc. Bail Hotline Bail Bonds 6170 - 038 -005 6170- 038 - 006,007, 035 6170- 038 -004 4 6170 38 SCALE 1" 80' __j iro F-° W F- 6170 -038-004 6170.03 CODE 6OB9 FOR PREY ASSNI'T. SEE; 883 A 31 4 OAKWo'0 NA01 PARK NA 8.9 -Iq 1 x.(u'9rFns 0 0 Z x w ea�rs.rnn's MAV COUNTY CF LOS ANAELF:q' CAI.J r7vrF FZ �i (,j 6 n — _ . " 1 .L t .L 15 r L,) Lt 1 1. a ' A l J g LLn O rn � HWY. ZC No. 2012 -02, CUP No. 2012 -05, VAR No. 2012 -04 Exhibit No. 2 APN Lot Size USE EXISTING PROPOSED [IADD:RE ZONING ZONING 11150 Sate 6170- 3,250 sq. SFR C -3 CB-1 Street 1 038- ft. (legal non- ! Lynwood, ' 004 conforming) CA 90262 2 i 31Ci •. 6170 3,250 sq. Commercial C -3 CB -1 Imperial 038- ft. Highway 1 00 - 3 i ' J Lynwood, CA 90262 3 31 2 3 ; 617G i 5,OOC sq. Commercial ! C -3 CB -1 Imperial 038- j ft. li,hway ( 006 Lynwood, i •, j CA 90262 4 3125 6170- 5,000 sq. Commercial) C -3 CB -1 Imperial 033- ft. IAuto- mobile Highway 007 sales Lynwood, CA 90262 5 1 I 6170- f t. 5,000 sq. Parking Lot C-3 CB -1 Na Address 1 038 - 035 Exhibit No. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY LYNWOOD'S CITY COUNCIL APPROVING ZONE CHANGE NO. 2012 -02 TO REZONE THE PROPERTIES LOCATED AT 3101 IMPERIAL HIGHWAY (APN: 6170 - 038 -005), 3123 -3125 IMPERIAL HIGHWAY (APN: 6170 -038- 006,007,035) AND 11150 STATE STREET (APN: 6170 - 038 -004) FROM HEAVY COMMERCIAL (C -3) TO CONTROLLED BUSINESS (CB -1) IN CONJUNCTION WITH THE PROPOSAL TO OPERATE A BAIL BOND BUSINESS AT 3101 IMPERIAL HIGHWAY, SUITE A IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 12, 2013 conducted a public hearing and adopted Resolution No. 3304 recommending approval of Zone Change No. 2012 -02 to the City Council of the City of Lynwood; and WHEREAS, the City Council, pursuant to law, on March 5, 2013 conducted a public hearing and considered all pertinent testimony offered at the public hearing; and WHEREAS, the Applicant is requesting to rezone the subject properties at 3101 Imperial Highway (APN: 6170 - 038 -005), 3123 -3125 Imperial Highway (APN: 6170 -038- 006,007,035), and 11150 State Street (APN: 6170 - 038 -004) (collectively, "Subject Site ") from Heavy Commercial (C -3) to Controlled Business (CB -1) in order to operate a bail bond establishment at 3101 Imperial Highway, Suite A, Lynwood, CA 90262; and WHEREAS a bail bond business serves as a legally permitted professional and administrative use within the Commercial zone as well as an ancillary support service to public safety agencies within the City of Lynwood and WHEREAS, the Development Services Department has conducted an Initial Study under the California Environmental Quality Act ( "CEQA ") to determine if the project could have a significant effect or impact on the environment; and WHEREAS, as a result of the Initial Study, there is no substantial evidence that the project may have a significant effect on the environment; therefore the City prepared a Negative Declaration. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds and determines as follows: A. That the proposed amendment is consistent with the goals, policies and objectives of the general plan; The Subject Site is currently zoned Commercial and has a General Plan designation of General Commercial. Goal LU -2 of the General Plan encourages land use planning that accommodates the City's needs for goods and services. A bail bond serves as a professional and administrative use as well as an ancillary support service to public safety agencies within the City of Lynwood. B. That a proposed zone change will not adversely affect surrounding properties. The proposed zone change will not have an adverse affect on surrounding properties as a detailed list of Conditions of Approval has been prepared with the coordination of various City Departments including Development Services, Community Development, and the Fire Department. Proposed conditions of approval include regulated hours of operation, the installation and placement of anti - loitering signage, and additional on -site exterior lighting. Conditions of Approval for the project will ensure that the proposed bail bond business will operate harmoniously with nearby residential uses because the business will not operate 24 hours a day and will incorporate safety mitigation measures into its design and operations. Section 2. The City Council of the City of Lynwood hereby approves Zone Change No. 2012 -02, amending the City's Zoning Map to reflect the rezoning of the properties located at 3101 Imperial Highway (APN: 6170 - 038 -005), 3123 -3125 Imperial Highway (APN: 6170 - 038 - 006,007,035), and 11150 State Street (APN: 6170 - 038 -004) (collectively, "Subject Site ") from Heavy Commercial (C -3) to Controlled Business (CB- 1). Section 3. The Zone Change approved herein is subject to the conditions, restrictions and limitations approved by the Planning Commission by Resolution No. 3304 Section 4. An Initial Study was conducted pursuant to CEQA, and the City determined that there is no substantial evidence that the project may have a significant effect on the environment; therefore a Negative Declaration was prepared. Section 5 . The City Council of the City of Lynwood, based upon the aforementioned findings, approves Zone Change No. 2012 -02. Section 6 . The City Clerk shall certify to the adoption of this Ordinance. First read at a regular meeting of the City Council held on the 5th day of March, 2013. PASSED, APPROVED, AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this _day of March, 2013. 2 Salvador Alatorre, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Roger L. Haley, City Manager APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services AGENDA STAFF REPORT DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Ma PREPARED BY: Maria Quinonez; City Clerk rUIN Kristina Santana, Deputy City Clerk S SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: Regular Meeting — February 19, 2013 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A ITEM I?- LYNWOOD CITY COUNCIL REGULAR MEETING February 19, 2013 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 6:05 p.m. Mayor Alatorre presiding. Council Members Castro, Santillan -Bess, Morton, Rodriguez, and Alatorre were present. Also present were City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Hernandez. City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6. PRESENTATIONS /PROCLAMATIONS • Proclamation in Recognition and Appreciation of Dennis C. Lord, Public Affairs Manager, SoCal Gas Company The City Council presented Dennis C. Lord with a proclamation in recognition and appreciation of his years of service to the City. • Community Service Day Plaque Presentation The City Council presented Dr. Barry Deirmenjian and Dr. Kevin Hauser of Smiles West and two employees from Triumph Processing with a Community Service Day plaque for their service to the community. • Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues Captain Gooden commented on the Christopher Dorner case and the cancelling of the Lynwood 5k race. He proposed June 1st as the new date of the inaugural 5k /10k run. He commented on the Lynwood COPS team progress in the City. He reported continuing downward trends in crime. He commented on the importance of the drug sniffing dogs and presented a check to the City in the amount of $47,477.47 in regards to the narco asset forfeiture funds. He stated that the Sheriff's Department would be working with the California Highway Patrol to work with a multi agency task force to focus on commercial traffic enforcement. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) Council Member Morton reported attending a SCAG meeting where he learned that the governor is proposing a new tax. He stated that he would be flying to Sacramento to talk to the State Legislators to oppose the tax. Mayor Alatorre stated that he attended a meeting regarding river clean up requirements and he stated that the cities along the river are opposed to increased taxes. Assembly Member Rendon's representative thanked the Council for their consideration of their agenda item. He asked for any feedback from the Council take back to Assembly Member Rendon. At this time Mayor Alatorre asked to reorganize the agenda to pull item #19 and to hear closed session Item #18A before taking public oral communications. It was moved by Council Member Morton, seconded by Council Member Rodriguez, to pull Item #19 without discussion. There was no objection. Item #19 was pulled from the agenda without discussion. Item #7. COUNCIL RECESS TO: CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY 6:40 p.m. CLOSED SESSION City Attorney Fred Galante announced that the Council would recess to discuss one closed session item on the City Council agenda. The Council recessed to closed session at 6:45 p.m. The City Council reconvened at 7:18 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: Item #18. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Number of Potential Cases: One Resident Irene Garcia spoke on her concerns on employee morale and the need to supervise the supervisors but was then stopped by the City Attorney who stated that her comments were not related to this closed session item. The City Council heard an update and no reportable action was taken. 2 PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Sylvia Ortiz commented on litigation due to unprofessional behavior by staff members. She referred to her previous restraining order from staff member Rita Manibusan and stated that neither the Human Resources Director nor the City Manager conducted an investigation into the matter. Harry Gibbens commented on the fares for the Lynwood buses. He asked the Council not to raise fares because Lynwood residents could not afford it. Irene Garcia commented on Item #11 — REQUEST TO SOLICIT BIDS FOR PROFESSIONAL AUDITING SERVICES FOR THE CITY OF LYNWOOD AND THE SUCCESSOR AGENCY FOR THE LYNWOOD REDEVELOPMENT AGENCY. She asked that the audit be clear and transparent for the residents. She suggested that the City contact the State Auditor to complete the audit professionally. She also commented on Item #13 —ABOVE GROUND FUEL STORAGE TANK. She questioned the safety of the storage tank and requested that no change orders be accepted by the Council. PUBLIC ORAL COMMUNICATIONS Rosie De La Trinidad stated she was the widow of Jose De La Trinidad who was shot seven times in the back by Sheriff's deputies on November 10 She commented on the difficulty her family has had dealing with his untimely death. She asked the Council for their support in holding the officers accountable for her husband's death. Geri Silva asked all the audience members in support of Rosie De La Trinidad to stand to show the Council the amount of support the community has for her. She commented on the shooting committed by Sheriff's deputies. She commented on the Lynwood Viking gang in the early 90's and asked that the Council make sure that that period in Lynwood history does not repeat itself. She asked the Council to join the family in asking for an independent investigation of the murder. She asked the Council to help to make sure that the murder does not go unanswered or unpunished. Gilan Fahmi commented on the wrongful shooting of Jose De La Trinidad by Sheriffs Deputies. She commented on memories of Jose and his family and how he dedicated his whole life to his family. She stated that he deserves justice and she showed pictures of him and his daughters to the Council. She stated that the evidence at the crime scene was tampered with, that witnesses were intimidated and that officers did not follow protocol. She asked the Council to be aware of what their Sheriff's deputies are up to. Terri Teramura commented on police harassment of supporters of Jose De La Trinidad. She stated that she was standing in support of the De La Trinidad family. She commented on her own brother's homicide by police officers in Downey, California. She stated that her family formed the Justice Warriors and they have joined with other families in other cities to show up to community meetings and rallies for justice. She asked the Council to look into the homicide because it was committed by Lynwood 3 Sheriff's deputies. She commented on the investigation by the Office of Independent review and stated that it was biased. She asked the Council to report the crime to the United States Department of Justice. Jean Thaxton stated that she lives in South Gate and that she is in support of the De La Trinidad family. She stated that her son was also shot in the back. She commented on the City's financial responsibility for the murders committed by police officers. She asked the Council to get the Department of Justice involved and to talk to the legislators in Sacramento about legislation to remove immunity from police officers. She commented on the need for city governments to help get the bad guys out of the police departments. She stated that there are an alarming number of police homicides involving unarmed suspects. Harry Gibbens stated that the February 5 th minutes were incorrect and that what he meant to say is that there is a lot of graffiti on businesses along the 710 between Imperial Hwy and Martin Luther King Blvd. He also commented on Item #13 — ABOVE GROUND FUEL STORAGE TANK. He asked what the location of the fuel tank would be. Irene Garcia stated that the City needs a docking system for employees. She commented on the high number of liquor establishments in the City and asked for a zoning change to avoid future stores from opening due to the public safety concern. She commented on the need to help residents pay their bills faster and stated that the EZ pay machine should be available in both English and Spanish. Alex Landeros commented on the delay of the trash company audit and he asked the Council about the results. He asked who was accountable and how he could find out more information. Martina Rodriguez commented on progress in the City. She commented on a school board member in the Lynwood Unified School District and stated that she has proof that he betrayed the kids and the community. She warned the Council to be wary of him. Joaquin Mesinas commented on the Business License Division progress report. He stated that the report was positive due to the increase in profit. He commented on an employee that tried to speak before the Council about his employment concerns but was turned away. He stated that this employee filed a grievance in July and did not get an answer until December. He stated that the Human Resources Director was not doing his job and that the City can be liable for his mistakes. He commented on the importance of a content workforce free of harassment from managers. Marvin Aceves commented on City Council and City staff hubris. He commented on Item #19 — REORGANIZATION OF CITY COUNCIL. He stated that he did not understand why this item was on the agenda and he asked for an explanation. Maria Viera commented on Item #19 — REORGANIZATION OF CITY COUNCIL. She asked why the Council wanted to remove the Mayor after only two months in office. She 4 stated that the Mayor was honest and had all of her support. She reported a lot of graffiti in her area and especially at 10768 Oswood where there was a vacant house. Antonio Munguia stated that he was in support of the Sheriff Department and clarified that the De La Trinidad incident did not happen in the City of Lynwood. He advised residents to stay in their car if they are approached by law enforcement. He commented on police officer killings and stated that he commiserated with the family. Maggie Godoy commented on Item #19 — REORGANIZATION OF CITY COUNCIL. She stated that she was in attendance in support of the Mayor. She stated that the circumstances of the City Manager being absent at the last council meeting where a fifty thousand dollar contract was approved for litigation was questionable. She stated that council members should be careful when approaching staff and supervisors. She was interrupted by City Attorney Galante who warned that if her comments related to closed session information she not have that discussion. She wrapped up her comments by warning the Council to be careful because in the long run the City will have to pay for the litigation and legal fees. Guadalupe Michel commented on Item #19 — REORGANIZATION OF CITY COUNCIL. She stated that she was concerned about all the problems in Lynwood and she asked that the Council allow Mayor Alatorre to remain as Mayor until the end of his term. She stated that she has been a resident for thirty years and is in support of Mayor Alatorre because he is the only one that listens to the residents' concerns. Ana Maria Barraza commented on Item #19 — REORGANIZATION OF CITY COUNCIL. She stated that she was in support of Mayor Alatorre. She asked that the Council allow him to finish his term. She stated that some people get high salaries yet the City is still full of graffiti. She stated that the community was in support of Mayor Alatorre because they want to move the community forward. Lucy Avalos commented on Item #19 — REORGANIZATION OF CITY COUNCIL. She stated that she was a thirty year resident of the City and that she supported each council member equally. She asked the Council to allow Mayor Alatorre to do his job. She asked that they work together, forget the past and exchange ideas in order to give tranquility to the residents. Lorene Reed commented on Item #19 — REORGANIZATION OF CITY COUNCIL. She stated that she was very disappointed because there was no staff report on this item. She stated that the City has come very far in the last five to seven years and that now it is taking steps backward. She commented on the City's achievements and suggested that the Council attend training classes on how to be council members. She asked that the Council allow Mayor Alatorre to have his turn as Mayor. She commented on her disappointment with the BlockWatch organization taking steps backwards. She expressed her desire to move the community forward with the help of the current Council. 5 Alejandra Garrido commented on Item #19 — REORGANIZATION OF CITY COUNCIL. He identified himself as a Lynwood High School student and stated that he was in attendance to represent his family in support of Mayor Alatorre. Paulette Bradley stated that she is still waiting for graffiti cleanup. She commented on Item #19 — REORGANIZATION OF CITY COUNCIL. She asked the Council to put their egos personal agendas aside because the City and community is more important. She also commented on item #16 — REQUEST FROM THE OFFICE OF CALIFORNIA STATE ASSEMBLY MEMBER ANTHONY RENDON TO USE BATEMAN HALL. She asked that new women be recognized this year. Victor Ortiz identified himself as a Lynwood High School student and commented on Item #19 — REORGANIZATION OF CITY COUNCIL. He stated that he has spoken before the Lynwood Unified School District and has now found it necessary to speak before the City Council. He asked that Mayor Alatorre be given a chance to prove his leadership. He stated that the community cannot afford to waste time on this and that he could be at home working on homework but he was instead at the council meeting because he cares about the community moving forward. Sam Pena identified himself as a representative of Consolidated Waste Disposal Services and he also introduced Elizabeth Martinez. He commented on the ability for residents to speak to their elected officials and stated that he was in support of such dialogue. He stated that he was in support of Item #17 — DIRECTION ON ESTABLISHING AN AD HOC COMMITTEE TO ADVISE ON SOLID WASTE SERVICES AGREEMENT PERFORMANCE ISSUES AND NEXT STEPS IN CONSIDERING A NEW OR EXTENDED AGREEMENT. He stated that Consolidated Waste Disposal Services has evolved over the length of their contract with the City. He supported the idea of an ad hoc committee and stated that Consolidated Waste Disposal Services wants to be a part of the discussion and a partner to the City to resolve issues such as the bulky item pick up problem. City Clerk Maria Quinonez read the summary of an email directed to the City Council by Jim Listner. In the email, Mr. Listner requested that the Council review their red light camera contract and if they wanted to renew it, that they at least try to renegotiate for a lower price. CONSENT CALENDAR Mayor Pro Tern Rodriguez pulled Item #13. Council Member Castro pulled Item #14. It was moved by Mayor Pro Tern Rodriguez, seconded by Council Member Castro, to approve the consent calendar and receive and file staff reports. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE Il ABSENT: NONE Item #8. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — February 5, 2013 Item #9. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2013.023 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #10. CITY'S PROCLAMATION OF FORMAL SUPPORT FOR CALIFORNIA'S ENTERPRISE ZONE PROGRAM RESOLUTION NO. 2013.024 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO PROCLAIM FORMAL SUPPORT OF THE STATE OF CALIFORNIA'S ENTERPRISE ZONE PROGRAM AND OPPOSE ANY PROPOSED LEGISLATION THAT WILL ELIMINATE OR PLACE RESTRICTIONS ON PROGRAM Item #11. REQUEST TO SOLICIT BIDS FOR PROFESSIONAL AUDITING SERVICES FOR THE CITY OF LYNWOOD AND THE SUCCESSOR AGENCY FOR THE LYNWOOD REDEVELOPMENT AGENCY RESOLUTION NO. 2013.025 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT BIDS FOR PROFESSIONAL AUDIT SERVICES BEGINNING WITH FISCAL YEAR ENDING JUNE 30, 2013 Item #12. PURCHASE AND SERVICE AGREEMENTS EXECUTED UNDER THE CITY MANAGER'S $15,000 PURCHASING AUTHORITY FOR THE PERIOD OF JULY 1, 2012 THROUGH DECEMBER 31, 2012 Report received and filed. Item #13. Mayor Pro Tern Rodriguez pulled Item #13 — ABOVE GROUND FUEL STORAGE TANK Mayor Pro Tern Rodriguez asked about the location and the safety measures for the storage tank. Interim Public Works Director Josef Kekula stated that the fuel tank would be located at the City Yard and that it would be locked up and available only to one or two employees at the facility, and additionally there would be a fence. Mayor Alatorre asked if the project complied with Fire Department rules. 7 Interim Public Works Director Josef Kekula stated that the project complied with State requirements. It was moved by Mayor Pro Tern Rodriguez, seconded by Council Member Castro, to approve the staff recommendation. RESOLUTION NO. 2013.026 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING A PURCHASE ORDER IN THE AMOUNT NOT -TO- EXCEED $84,000 TO PACIFIC COAST PETROLEUM, INC FOR THE PURCHASE AND INSTALLATION OF AN ABOVE GROUND FUEL STORAGE TANK AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #14. Council Member Castro pulled Item #14 — BUSINESS LICENSE PROGRESS REPORT Council Member Castro commented on a complaint she received from a business owner and expressed her concerns about the Business License Division. It was moved by Council Member Castro, seconded by Mayor Pro Tern Rodriguez to receive and file. Council Member Santillan -Beas asked for a list of businesses that did not pay their fees and for a print out of the Business License Division expenditures. Council Member Castro asked for a more detailed staff report to be brought back to council under the New /Old Business heading. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE NEW /OLD BUSINESS Item #15. REQUEST FOR FEE WAIVER — CALIFORNIA AIR RESOURCES BOARD Mayor Alatorre abstained, recused himself and left the room. 0 Director of Public Relations Deborah Jackson introduced the item regarding the request for fee waiver from the California Air Resources Board. It was moved by Council Member Castro, seconded by Council Member Santillan -Beas, to approve the fee waiver. RESOLUTION NO. 2013.027 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING FOR THE WAIVER OF FEES FOR THE USE OF BATEMAN HALL BY THE CALIFORNIA AIR RESOURCES BOARD FOR A "DIESEL TRUCK REGULATIONS" COURSE AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON AND RODRIGUEZ NOES: NONE ABSTAIN: COUNCIL MEMBER ALATORRE ABSENT: NONE Item #16. REQUEST FROM THE OFFICE OF CALIFORNIA STATE ASSEMBLY MEMBER ANTHONY RENDON TO USE BATEMAN HALL Director of Community Services and Recreation Perry Brents introduced the item regarding the request from the Office of California State Assembly Member Anthony Rendon to use Bateman Hall. It was moved by Council Member Santillan -Beas, seconded by Mayor Pro Tern Rodriguez, to approve the fee waiver. RESOLUTION NO. 2013.028 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE USE OF THE BATEMAN HALL ROOM #2 AND WAIVING THE RENTAL FEES IN THE AMOUNT OF $435 AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #17. DIRECTION ON ESTABLISHING AN AD HOC COMMITTEE TO ADVISE ON SOLID WASTE SERVICES AGREEMENT PERFORMANCE ISSUES AND NEXT STEPS IN CONSIDERING A NEW OR EXTENDED AGREEMENT City Attorney Fred Galante introduced the item regarding direction on establishing an ad hoc committee to advise on solid waste services agreement performance issues and next steps in considering a new or extended agreement. 9 Mayor Alatorre appointed Council Member Castro and himself to serve on the audit committee. He appointed Council Member Morton and himself, and Mayor Pro Tern Rodriguez as alternate to serve on the Ad Hoc Waste Services Contract Committee. Council Member Castro seconded the nominations. Council Member Santillan -Seas asked for an update on the council agenda after each meeting. City Attorney Fred Galante read the changes to the resolution into the record: Resolution title change to "A resolution of the City Council of the City of Lynwood establishing ad hoc committees "; a change to section one to state "ad hoc waste audit committee" and filling in the two names Council Member Castro and Mayor Alatorre; adding a new section that would read "the City Council hereby establishes an adhoc waste services contract committee comprised of the two council members listed below to evaluate the options for either extending the waste agreement or seeking other providers proposals" and adding the two names Mayor Alatorre and Council Member Morton with Mayor Pro Tern Rodriguez as alternate. RESOLUTION NO. 2013.029 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING AN AD HOC COMMITTEE TO ADVISE ON THE CURRENT SOLID WASTE SERVICES AGREEMENT AND NEXT STEPS IN CONSIDERING A NEW OR EXTENDED AGREEMENT AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Council Member Castro thanked everyone for attending the council meeting. She commented on the De La Trinidad homicide. She clarified that it did not happen in Lynwood and that the City does not control the Century Station. She also clarified that because the City contracts for police services through the Los Angeles County Sheriff Department, it is indemnified from any lawsuits against the Sheriffs Department. She stated that the Council is proud of the Sheriffs Deputies and that one bad officer should not put all officers in a bad light. She commented on not reporting to the Department of Justice. She commented on graffiti on businesses in the City and asked for clarification in the next green memo on City authority to paint over private property. She commented on the waste hauler audit and stated that once it is ready for the public it will be made available. She assured everyone that the Council is transparent and if there is money to be reclaimed, they will let everyone know. Council Member Santillan -Bess commented on the door to door garage conversion checks and she asked the City Attorney to find out if there was a motion to start the 10 door to door checks, why the door to door checks were stopped. She stated that the door to door checks needed to commence again. Council Member Morton thanked everyone for staying so late. He stated that the residents' opinions are very important to the Council. He stated that they would work together for the people of Lynwood. He stated that the City is not going backwards but that it has a long way to go. He stated that he appreciated everyone in attendance and hoped to see them at the next council meeting. Mayor Pro Tern Rodriguez reminded everyone that council meetings occur every first and third Tuesday of the month. He stated that he was glad that so many people showed up to the meeting. He commented on the increasing graffiti in the City. He commented on the media coverage of the police homicide case and stated that it is not fair for Lynwood to be blamed every time something bad happens. He commented on the differences among the Council and stated that they work together to work for the community. He bid everyone a good evening and stated that he hoped to see the council chamber full again for the next council meeting. Mayor Alatorre thanked everyone for staying late and expressing their opinions. He encouraged everyone to read the agenda, and express their opinions. He commented on misunderstandings amongst council and the need to stick together for the betterment of the community. He commented on graffiti in his neighborhood and asked staff to eradicate the graffiti on Oswood, Peach and Norton. He commented on the long cashier lines at City Hall and asked that if the second EZ Pay kiosk is not active yet, to rush that activation. He asked staff to inform the residents on how to use the machines and how to pay online from home as well. City Treasurer Edwin Hernandez commented on Black History Month and the upcoming Gospel Brunch on Saturday from 9am to 12pm. He stated that the community was welcome to spend brunch with Senator Ricardo Lara. Mayor Alatorre commented on an upcoming Habitat for Humanity event as well CLOSED SESSION City Attorney Fred Galante announced that the Council would recess to discuss four closed session items on the City Council agenda. The Council recessed to closed session at 9:29 p.m. The City Council reconvened at 10:32 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: 11 Item #18. CLOSED SESSION ITEMS B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (subdivision (a) of section 54956.9:) Name of Case: Lynwood Employees' Association (AFSCME District Council 36) v. City of Lynwood, State of California, Public Employment Relations Board, Case No. LA -CE -788 -M The City Council held a discussion and no reportable action was taken. C. 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: Winbush v. City of Lynwood, et al Case No. BC487040 The City Council received an update and no reportable action was taken. D. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: Number of Potential Cases: One The City Council heard an update and no reportable action was taken. B. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATORS Unrepresented Employee: Director of Human Resources Negotiator: City Manager and City Attorney Under Negotiation: Terms and benefits The Human Resources Director exited the room and did not participate, the Council provided direction and no reportable action was taken. 12 CONTINUED NEW /OLD BUSINESS Item #19. Council Member Morton pulled Item #19 — REORGANIZATION OF CITY COUNCIL Item #19 was pulled from the agenda without discussion. ADJOURNMENT Having no further discussion, it was moved by Council Member Castro, seconded by Mayor Pro Tern Rodriguez, and carried to adjourn the regular Lynwood City Council meeting at 10:34 p.m. in memory of James Kevin Murray. Salvador Alatorre, Mayor Maria Quinonez, City Clerk 13 mir't1�t. W 9 AGENDA STAFF REPORT l , Q., DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council dr r_ APPROVED BY: Roger L. Haley, City Manag 0 PREPARED BY: Amanda Roberson, Director of Finance 6 Lilly Hampton, Accounting TechniciancO SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Lynwood City Council approve the warrant register for March 5, 2013. ------------- - - - - -- Attached Warrant Register dated March 5, 2013--------- - - - - -- AGENDA ITEM /0- vchlist Voucher List Page: 1 0212612013 4:03:28PM City of Lynwood EFT Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 101336 2/1112013 000053 CALPERS 000053022813 MEDICAL PREMIUM 2/2013 7151.35.355.64012 36,196.83 7151.35.355.64399 531.35 1011.20140 163,269.37 Total : 199,997.55 1 Vouchers for bank code : apbank Bank total : 199,997.55 1 Vouchers in this report Total vouchers : 199,997.55 vchlist Voucher List Page: 2 02/1412013 8 :22:14AM City of Lynwood PRE -PAID CHECKS Bank code: scefcu Voucher Date Vendor Invoice PO # Description /Account Amount 28 2114/2013 002234 MARK FLORES 002234103112 REIMB.MATERIALS PURCHASE- HP 10- 000091 1011.20.110.67399 970.83 Total: 970.83 29 2/14/2013 002367 NATALIA MEDINA 002367120612 REIMB. PURCHASE - CHRISTMAS F 10- 000092 1011.20.110.67399 129.10 Total : 129.10 2 Vouchers for bank code: scefcu Bank total: 1,099.93 vchlist Voucher List Page: 3 02114/2013 8:22:14AM City of Lynwood PRE —PAID CHECKS Bank code : apbank Voucher Date Vendor - Invoice PO # Description /Account Amount 173145 2/14/2013 000163 SOUTHERN CALIFORNIA EDISON 000163020613 LIGHT & POWER SERVICE 2051.45.430.65001 200.98 2651.45.425.65001 64.90 000163020613 -A LIGHT & POWER SERVICE 2651.45.425.65001 441.40 6051.45.450.65001 2,294.34 2651.45.425.65001 34,720.41 000163020713 LIGHT & POWER SERVICE 2651.45.425.65001 602.50 2051.45.430.65001 121.97 2651.45.425.65001 356.27 000163020813 LIGHT & POWER SERVICE 2051.45.430.65001 109.00 000163020913 LIGHT & POWER SERVICE 2651.45.425.65001 202.28 2051.45.430.65001 61.85 2651.45.425.65001 4,162.11 Total : 43,338.01 173146 2114/2013 000124 CITY OF LYNWOOD 27794 -27836 WORKER'S COMP REIMBURSEMEl' 7151.35.345.67410 59,562.06 Total : 59,562.06 173147 2/14/2013 002276 DEPREZ TRAVEL BUREAU INC. 002276052213 LODGING- J.MORTON 1011.10.101.64015 155.68 Total: 155.68 173148 2/14/2013 004170 MV TRANSPORTATION 44202 TROLLEY SERVICES 06- 004372 2401.45.435.62015 59,214.40 44734 TROLLEY SERVICES 06- 004372 2401.45.435.62015 58,752.33 Total: 117,966.73 173149 2114/2013 002367 NATALIA MEDINA 002367020713 EMPLOYEE PAYROLL PAY 1011.20101 1,427.39 vchlist Voucher List Page: 4 0211412013 8:22:14AM City of Lynwood PRE —PAID CHECKS Bank code: apbank Voucher Date Vendor 173149 2/1412013 002367 002367 NATALIA MEDINA 173150 2/14/2013 004679 TIME WARNER CABLE 173151 173152 173153 2114/2013 004679 TIME WARNER CABLE Invoice (Continued) 004679030813 004679031513 2/14/2013 001302 U.S. BANK CORP.PAYMENT SYSTEMS 001302121212 2/1412013 000370 ALATORRE, SALVADOR 000370020313 173154 2/14/2013 000138 DAILY JOURNAL CORPORATION B2424885 PO # Description /Account Total TIME WARNER INTERNET - CITY Hi 02- 001455 1011.30.290.64399 02 -001455 6051.30.290.64399 Total: TIME WARNER CABLE - CITY HALL 02- 001453 1011.30.290.64399 02- 001453 605130.290.64399 Total: BANKCARD CHARGES 1011.10.101.64515 1011.25.205.64399 1011.10.101.64515 1011.25.205.64515 1011.10.101.64015 1011.30.290.64399 6051.30.290.64399 1011.15.105.64515 6051.30.290.65020 6051.30.315.64399 1011.35.335.64015 1011.35.335.65040 1011.35.335.64015 1011.35.330.64515 1011.35.335.64015 1011.35.330.64515 1011.35.330.64399 MILEAGE REIMBURSEMENT 1011.10.101.64015 Total Total PRINTING AND ADVERTISING SERA Amount 1,427.39 189.76 189.76 379.52 143.46 143.46 286.92 50.00 80.00 50.00 29.99 1,126.80 96.69 96.69 25.00 160.29 94.35 45.15 7.96 132.10 30.00 339.40 30.00 52.16 2,446.58 119.78 119.78 vchlist Voucher List Page: 5 0211412013 8:22:14AM City of Lynwood PRE -PAID CHECKS Bank code: apbank Voucher Date Vendor 173154 2/1412013 000138 DAILY JOURNAL CORPORATION 173155 2/14/2013 001313 QUINONEZ, MARIA 11 Vouchers for bank code: apbank Invoice PO # (Continued) 03- 000259 B2424890 03- 000259 62430231 03- 000259 62435229 03- 000259 82435231 03- 000259 B2435232 03- 000259 001313013113 Description /Account 1011.15.105.62025 PRINTING AND ADVERTISING SER\ 1011.15.105.62025 PRINTING AND ADVERTISING SERA 1011.15.105.62025 PRINTING AND ADVERTISING SERN 1011.15.105.62025 PRINTING AND ADVERTISING SERN 1011.15.105.62025 PRINTING AND ADVERTISING SERN 1011.15.105.62025 Total ELECTRONIC /MEDIA -AUTO EXPEN 1011.15.105.60025 1011.15.105.60030 Total Bank total : Amount 50.40 42.00 37.80 67.20 54.60 50.40 302.40 250.00 250.00 500.00 226,485.07 vchlist Voucher List Page: E 02/19/2013 2:02:36PM City of Lynwood PRE -PAID CHECKS Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173156 2/19/2013 000370 ALATORRE, SALVADOR 000370022813 ELECTRONIC /MEDIA -AUTO EXPEN 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 173157 2119/2013 001249 CASTRO, AIDE 001249022813 ELECTRONIC /MEDIA -AUTO EXPEN 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 173158 2119/2013 005848 INFRASTRUCTURE ENGINEERS 19716 CONSULTANT SERVICES - VARIOU 06- 004609 4011.67.009.62015 440.00 06- 004609 4011.67.894.62015 2,700.00 06- 004609 4011.67.897.62015 2,970.00 06- 004609 4011.67.901.62015 1,760.00 19765 CONSULTANT SERVICES - VARIOU: 06- 004609 4011.67.009.62015 1,760.00 06- 004609 4011.67.894.62015 660.00 06- 004609 4011.67.897.62015 720.00 06- 004609 4011.67.904.62015 1,100.00 19785 CONSULTANT SERVICES - VARIOU 06- 004609 4011.67.894.62015 2,420.00 06- 004609 4011.67.897.62015 6,050.00 06- 004609 4011.67.901.62015 5,235.00 Total : 25,815.00 173159 2/1912013 000761 MORTON, JIM 000761022813 ELECTRONIC /MEDIA -AUTO EXPEN 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 173160 2/19/2013 000427 PETTY CASH - C.M.O. 000427020513 REPLENISHMENT 1011.25.205.64015 42.39 1011.25.205.67599 399.90 Total : 442.29 vchlist Voucher List Page: 7 0211912013 2:02:36PM City of Lynwood PRE —PAID CHECKS Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173161 2/19/2013 002236 RODRIGUEZ, RAMON 002236022813 ELECTRONIC /MEDIA -AUTO EXPEN 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total : 500.00 173162 2/1912013 000779 SANTILLAN-BEAS, MARIA 000779022813 ELECTRONIC /MEDIA -AUTO EXPEN 1011.10.101.60025 250.00 1011.10.101.60030 250.00 Total: 500.00 7 Vouchers for bank code : apbank Bank total : 28,757.29 vchlist Voucher List Page: g 02121/2013 9:32:19AM City of Lynwood PRE -PAID CHECKS Bank code: apbank Voucher Date Vendor 173163 2/20/2013 000141 AT &T 173164 2120/2013 006399 AT &T 173165 2/2012013 008213 CA -NV SECTION AWWA 173166 2/20/2013 007206 CHEVRON Invoice 000141020713 000004074031 008213022613 PO # Description /Account Amount DISTRICT OF SO. CALIFORNIA, WATER 1 004650123112 TELEPHONE SERVICE 2/20/2013 008175 6051.45.450.64501 63.48 2/20/2013 Total: 63.48 173170 TELEPHONE SERVICE 006057 SANTANA,KRISTINA 006057012513 6051.45.450.64501 14.90 Total : 14.90 REGI- J.KEKULA,J. MOLI NA, V. NGUYI 6051.45.450.64015 435.00 Total: 435.00 FUELPURCHASE 06- 004225 7011.45.420.65010 11,831.09 Total : 11,831.09 GROUND WATER PURCHASE ASSE 06- 004257 6051.45.450.67415 92,424.76 Total : 92,424.76 CATERING - CELEBRATION OF PER: 08- 002220 1011.60.701.64399 1,894.27 Total : 1,894.27 TOYS FOR PERSONS W /SPECIAL I 08- 002219 1011.60.701.67950 1,706.40 Total: 1,706.40 REGISTRATION REIMBURSEMENT 1011.15.105.64015 40.00 Total : 40.00 LIGHT & POWER SERVICE 2651.45.425.65001 216.45 LIGHT & POWER SERVICE 2051.45.430.65001 87.37 2651.45.425.65001 43.05 37189144 173167 2/20/2013 004650 DISTRICT OF SO. CALIFORNIA, WATER 1 004650123112 173168 2/20/2013 008175 EL POLLO LOCO #5531 008175022413 173169 2/20/2013 005582 MATTEL SALES CORP 198151 173170 2/2012013 006057 SANTANA,KRISTINA 006057012513 173171 2/20/2013 000163 SOUTHERN CALIFORNIA EDISON 000163020613 -B 000163021213 vchlist Voucher List Page: 9 02121/2013 9:32:19AM City of Lynwood PRE -PAID CHECKS Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173171 2/20/2013 000163 SOUTHERN CALIFORNIA EDISON (Continued) 000163021213 -A LIGHT & POWER SERVICE 2701.45.610.65001 422.44 2051.45.430.65001 364.69 2701.45.610.65001 304.27 000163021313 LIGHT & POWER SERVICE 2051.45.430.65001 730.78 Total : 2,169.05 9 Vouchers for bank code: apbank Bank total : 110,578.95 9 Vouchers in this report Total vouchers : 110,578.95 vchlist 02/26/2013 2:15:10PM Bank code : scefcu Voucher Date Vendor 30 315/2013 000490 PETTY CASH - RECREATION 1 Vouchers for bank code : scefcu Voucher List City of Lynwood Invoice 000490011413 PO # Description /Account REPLENISHMENT 1011.20.110.67399 Total: Bank total Page: 10 Amount 66.55 66.55 66.55 vchlist 02/2612013 2:15:10PM Voucher List City of Lynwood Page: 11 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173172 315/2013 000087 ABC HARDWARE 140715 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 18.87 141043 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 9.42 141218 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 38.15 141525 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 68.88 142135 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 72.40 142186 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 73.09 142189 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 24.13 142240 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 21.03 142755 MATERIALS & SUPPLIES 06- 004434 1011.45.415.65020 48.27 Total: 374.24 173173 315/2013 007697 ACEVES, MARVIN 007697010213 PLANNING COMMISSIONER 04- 000428 1011.50.505.60999 25.00 Total: 25.00 173174 3/512013 007439 ALL CITY MANAGEMENT SVCS, INC. 30229 CROSSING GUARD SERVICE 07- 000521 2051.55.365.62015 15,678.00 Total : 15,678.00 173175 3/5/2013 007435 ARROWHEAD DIRECT 02K0031568785 WATER AND COOLER RENTAL 08- 002163 1011.60.701.67950 22.25 02L0031568785 WATER AND COOLER RENTAL 08- 002163 1011.60.701.67950 22.80 03A0031568785 WATER AND COOLER RENTAL 08- 002163 1011.60.701.67950 40.75 03A0031568942 WATER AND COOLER RENTAL 03- 000250 1011.15.105.67950 10.21 vchlist Voucher List Page: 12 02/26/2013 2:15:10PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173175 3/5/2013 007435 ARROWHEAD DIRECT (Continued) 03AO031628530 WATER AN COOLER RENTAL- PAR 07- 000526 1011.55.515.67950 37,17 03B0031568967 FINANCE COOLER RENTAL & WATE 02- 001443 1011.30.275.67950 22.18 Total : 155.36 173176 3/5/2013 006399 AT &T 000004085166 TELEPHONE SERVICE 1011.30.290.64501 29.50 000004085167 TELEPHONE SERVICE 1011.30.290.64501 177.67 000004091054 TELEPHONE SERVICE 1011.30.290.64501 517.06 000004091056 TELEPHONE SERVICE 1011.30.290.64501 115.38 000004093754 TELEPHONE SERVICE 1011.60.705.64501 10.68 000004093756 TELEPHONE SERVICE 1011.30.290.64501 459.96 000004093878 TELEPHONE SERVICE 1011.30290.64501 15.91 Total : 1,326.16 173177 315/2013 000065 AT &T LONG DISTANCE 000065020413 TELEPHONE SERVICE 1011.30290.64501 246.28 Total: 246.28 173178 315/2013 007283 BAILEY, VANESSA 007283012913 LINE DANCING INSTRUCTOR 08- 002216 1011.60.720.64399 150.00 Total : 150.00 173179 315/2013 005670 BATTLE, KIM C. 005670010213 PLANNING COMMISSIONER 04- 000429 1011.50.505.60999 25.00 Total : 25.00 173180 3/512013 004986 BIOMETRICS4ALL, INC 29496 ADMINISTRATIVE FEE 05- 000955 1011.35.330.64399 0.75 vchlist 02126/2013 2:15:10PM Voucher List City of Lynwood Page: 13 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173180 3/5/2013 004986 BIOMETRICS4ALL, INC (Continued) 31332 ADMINISTRATIVE FEE 05- 000955 1011.35.330.64399 3.75 Total : 4.50 173181 3/5/2013 000011 BRENDA J. PETERSON & ASSOC. 10818731 BUSINESS CARDS 500 - RAMON Gi 07- 000536 1011.55.601.62025 111.24 121218726b PRINTING SERVICE FOR COUNCILI 01- 000882 1011.10.101.62025 1,236.92 2818737 BUSINESS CARDS -AMANDA ROBE 02- 001529 1011.30.275.62025 111.24 Total : 1,459.40 173182 3/5/2013 004773 BSN SPORTS 4563323 FIELD SUPPLIES 08- 002213 1011.60.705.65020 819.68 Total : 819.68 173183 315/2013 001955 BUCKNAM & ASSOCIATES 232 -04.01 CONSULTANT SERVICES - WELL #' 06- 004603 4011.67.009.62015 2,076.40 232 -04.02 CONSULTANT SERVICES - WELL #' 06- 004603 4011.67.009.62015 6,260.84 Total: 8,337.24 173184 3/5/2013 001330 CANON FINANCIAL SERVICES, INC. 12511116 CANON FINANCE COPIER LEASE 02- 001451 1011.30.270.64399 72.41 02- 001451 1011.30.275.64399 72.40 02- 001451 1011.30.310.64399 72.40 02- 001451 6051.30.315.64399 72.40 Total: 289.61 173185 3/5/2013 001195 CDW GOVERNMENT Q864743 OPERATING SUPPLIES 02- 001439 6051.30.290.65020 103.72 X753688 OPERATING SUPPLIES 02- 001439 6051.30.290.65020 -56.00 Total: 47.72 173186 3/5/2013 001168 CINTAS FIRSTAID & SAFETY 0168544306 FIRSTAID KIT REPLENISHMENT vchlist Voucher List Page: 14 02126/2013 2:15:10PM City of Lynwood Bank code : apbank Voucher Date Vendor 173186 3/5/2013 001168 CINTAS FIRSTAID & SAFETY 173187 315/2013 003357 CITY OF INGLEWOOD 173188 3/5/2013 000124 CITY OF LYNWOOD 173189 173190 173191 173192 31512013 002486 CMTA Invoice (Continued) 0168544307 1911301 COL191301 27837 -27851 4797155 315/2013 007129 CODE PUBLISHING COMPANY, INC. 42638 3/5/2013 000484 COMPTON COURTHOUSE 000484113012 3/5/2013 001161 CONSOLIDATED DISPOSAL SERVICE 001161 01 311 3 173193 3/5/2013 001283 CORNELIOUS, DION 001283021213 PO # Description /Account Amount 08- 002135 1011.60.720.65020 44.18 FIRSTAID KIT REPLENISHMENT 08- 002135 1011.60.745.65020 121.78 Total : 165.96 PROCESSING CITATIONS AND COL 07- 000517 1011.55.515.62015 4,967.05 PROCESSING CITATIONS AND COL 07- 000517 1011.55.515.62015 1,271.05 Total : 6,238.10 WORKER'S COMP REPLENISHMEN 7151.35.345.67410 21,551.76 Total : 21,551.76 MEMBERSHIP DUES 1011.20.110.65040 25.00 Total : 25.00 LYNWOOD MUNICIPAL CODE UPDF 03- 000251 1011.15.105.62015 147.50 Total: 147.50 STATE MANDATE / PROCESSING FI 07- 000533 1011.55.515.62015 22,233.20 Total : 22,233.20 RUBBISH, RECYCLING, GREEN WA 02- 001473 1011.45.440.62015 215,650.75 02- 001473 1011.45.33420 - 15,095.56 02- 001473 1011.30.30152 - 32,347.62 Total: 168,207.57 CDBG COMMISSIONER STIPEND 11- 000177 2941.75.285.60999 25.00 Total: 25.00 vchlist 02/26/2013 2:15:10PM Voucher List City of Lynwood Page: 15 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173194 31512013 007509 CREATIVE GLOBAL DESIGNS 226 PURCHASE DECALS FOR CITY FILE 06- 004241 7011.45.420.65020 555.95 Total: 555.95 173195 315/2013 001306 DATAQUICK INFORMATION B1- 2119424 PROPERTY OWNERSHIP RESEAR( 02- 001474 6051.30.315.64399 75.00 Total : 75.00 173196 3/512013 007474 DECKSIDE POOL SERVICE 783121 POOL SERVICE FOR NATATORIUM 06- 004561 1011.45.415.62015 937.96 Total: 937.96 173197 3/512013 000330 DUNCAN SOLUTIONS INVPAM0013965 PRINTING OF CITATIONS & ENVEL( 07- 000528 1011.55.515.62025 2,000.00 INVPAM0013965 -A PRINTING SERVICES 07- 000522 1011.55.515.62025 7,253.71 Total : 9,253.71 173198 3/512013 004089 ELDER, BRUCE A. 004089031413 KARATE INSTRUCTOR 1011.60.33220 403.00 Total : 403.00 173199 3/5/2013 003317 FAIR HOUSING FOUNDATION 003317013113 CDBG PUBLIC SERVICE PROGRAN 11- 000192 2941.75.285.64399 1,469.42 Total: 1,469.42 173200 3/5/2013 003334 FED EX 2- 170 -02466 COURIER SERVICE - FINANCE 02- 001477 1011.30.275.64399 8.70 2- 177 -49638 COURIER SERVICE - FINANCE 02- 001477 1011.30.270.64399 62.63 Total: 71.33 173201 3/5/2013 000003 FIRST CHOICE SERVICES 386554 COFFEE AND WATER SERVICES 01- 000867 1011.25.205.67950 33.63 01- 000867 1011.10.101.67950 33.62 Total : 67.25 173202 3/5/2013 003335 FIRST LEGAL SUPPORT SERVICE 116379 COURIER SERVICES vchlist 02126/2013 2:15:10PM Voucher List City of Lynwood Page: 1.6 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173202 3/5/2013 003335 FIRST LEGAL SUPPORT SERVICE (Continued) 05- 000998 1011.35.330.64399 95.38 Total : 95.38 173203 3/512013 008209 GONZALEZ, MARTIN A. AND TAMMY L. 800025328 REFUND - PARKING CITATION 1011.55.34110 110.50 Total: 110.50 173204 3/512013 000747 GOVPARTNER 0005912 SERVICE REQUEST SYSTEM 07- 000523 1011.55.515.62015 60.00 07- 000523 1011.50.605.62015 90.00 07- 000523 2051.45.410.62015 90.00 07- 000523 2601.40.230.62015 120.00 07- 000523 2701.45.610.62015 60.00 07- 000523 6051.45.450.62015 120.00 07- 000523 2651.45.425.62015 60.00 Total: 600.00 173205 315/2013 000993 GRM INFORMATION MANAGEMENT 0185485 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 20.00 0185486 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 2.67 0185487 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 12.32 0185488 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 21.41 0185489 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 4.93 0185490 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 3.08 0185491 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 54.82 0185492 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 112.40 0185493 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 15.81 0185494 OFF SITE RECORD SERVICE vchlist Voucher List Page: 17 02126/2013 2:15:10PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173205 3/5/2013 000993 GRM INFORMATION MANAGEMENT (Continued) 01- 000894 1011.25.205.62015 2.26 0185495 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 19.30 0185496 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 15.98 0185497 OFF SITE RECORD SERVICE 01- 000894 1011.25.205.62015 61.02 Total : 346.00 173206 3/512013 005694 HERNANDEZ, EVELIA 005694021213 CDBG COMMISSIONER STIPEND 11- 000179 2941.75.285.60999 25.00 Total: 25.00 173207 3/5/2013 003338 HILLYARD -LOS ANGELES 600569860 JANITORIAL SUPPLIES FOR RECRE 08- 002187 1011.60.705.65020 474.89 Total: 474.89 173208 3/5/2013 003315 HOME DEPOT CREDIT SERVICE 1030245 SUPPLIES AND MATERIALS 06- 004319 6051.45.450.65020 98.85 10370118612 OPERATING SUPPLIES 06- 004608 1011.45.415.65020 66.38 10370185595 OPERATING SUPPLIES 06- 004608 1011.45.415.65020 361.52 10370206904 OPERATING SUPPLIES 06- 004608 1011.45.415.65020 178.89 10370222158 OPERATING SUPPLIES 06- 004608 1011.45.415.65020 77.52 10370223909 OPERATING SUPPLIES 06- 004608 1011.45.415.65020 17.98 10370285411 OPERATING SUPPLIES 06- 004608 1011.45.415.65020 345.13 Total: 1,146.27 173209 3/5/2013 001681 HUMAN SERVICES ASSOCIATION 001681013113 SENIOR MEAL SERVICE 08- 002210 1011.60.720.62015 1,377.50 001681013113 -A SENIOR MEAL SERVICE vchlist Voucher List Page: 18 02/26/2013 2:15:10PM City of Lynwood Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173209 3/5/2013 001681 HUMAN SERVICES ASSOCIATION (Continued) 08- 002210 1011.60,720.62015 746.25 Total : 2,123.75 173210 3/5/2013 000676 IDEAL LIGHTING SUPPLY, INC. 96183 STREET LIGHTING MATERIALS & S 06- 004617 2651.45.425.65020 528.34 96220 STREET LIGHTING MATERIALS & S 06- 004617 2651.45.425.65020 525.38 Total: 1,053.72 173211 3/5/2013 001903 IRIS PYGATT 001903021213 CDBG COMMISSIONER STIPEND 11- 000180 2941.75.285.60999 25.00 Total: 25.00 173212 3/5/2013 003331 L.A. COUNTY SHERIFF DEPT. 132306NH COPS PROGRAM -LAW ENFORCEM 02- 001527 2501.40.225.62015 26,803.24 132306NH -A LAW ENFORCEMENT SERVICE 02- 001481 1011.40.215.62015 12,841.83 132775NH LAW ENFORCEMENT SERVICE 02- 001481 1011.40.215.62015 670,704.36 132776NH COPS PROGRAM -LAW ENFORCEM 02- 001527 2501.40.225.62015 26,803.24 132776NH -A LAW ENFORCEMENT SERVICE 02- 001481 1011.40.215.62015 12,841.83 133046NH ANTI- CRUISING,LOUD NOISE,HELI( 02- 001480 1011.40.215.64399 6,805.82 133047NH LAW ENFORCEMENT SERVICES 02- 001501 3801.40.235.62015 2,383.48 133047NH -A ANTI - CRUISING, LOUD NOISE,HELI( 02- 001480 1011.40.215.64399 4,954.76 133049NH ANTI- CRUISING,LOUD NOISE,HELI( 02- 001480 1011.40.215.64399 1,198.08 Total : 765,336.64 173213 3/5/2013 005098 LANDEROS, ALEX 005098010213 PLANNING COMMISSIONER 04- 000430 1011.50.505.60999 25.00 vchlist Voucher List Page: 19 02/26/2013 2:15:10PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # 173213 3/5/2013 005098 005098 LANDEROS, ALEX (Continued) 173214 3/5/2013 001612 LEAGUE OF CALIFORNIA CITIES 125897 173215 3/5/2013 001991 LEGISLATIVE ADVOCACY GROUP 5586 173216 3/5/2013 007433 LINKTURE CORP. 12 -0807 12 -0902 173217 3/5/2013 003983 LONG BEACH UNIFORMS CO., INC 285219 173218 3/5/2013 004084 LPA, INC. 57194 173219 173220 173221 3/5/2013 005256 MONJARAS & WISMEYER GROUPJNC. 8978 3/5/2013 006289 MUNISERVICES, LLC. 0000029722 0000029788 3/512013 004111 NATIONAL CONSTRUCTION RENTALS 3529056 02- 001472 06- 003844 06- 003844 06- 003844 07- 000532 06- 004455 05- 001009 02- 001491 02- 001491 06- 004533 Description /Account Amount Total: 25.00 MEMBERSHIP DUES 1011.30.275.65040 3,500.00 1051.25.260.67901 10,960.80 Total : 14,460.80 ADVOCACY SERVICES 1011.30.275.62015 3,000.00 Total : 3,000.00 SITING OF FIVE (5) EMERGENCY G 4011.67.910.62015 1,230.80 4011.67.901.62015 19,027.26 SITING OF FIVE (5) EMERGENCY G 4011.67.901.62015 13,130.00 Total: 33,388.06 UNIFORMS AND SUPPLIES FORTH 1011.55.515.60040 323.73 Total : 323.73 HAM PARK ARCHITECTURAL SERV 4011.67.007.62015 4,997.50 Total: 4,997.50 ACCOMODATION MEETING 7151.35.350.64399 1,365.10 Total: 1,365.10 FINANCIAL ANALYSIS & REPORTIN 1011.30.275.62015 6,000.00 FINANCIAL ANALYSIS & REPORTIN 1011.30.275.62015 1,000.00 Total : 7,000.00 TEMPORARY FENCE RENTAL 6051.45.460.63030 199.38 vchlist 02/2612013 2:15:101 Voucher List City of Lynwood Page: 20 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173221 3/5/2013 004111 NATIONAL CONSTRUCTION RENTALS (Continued) 3597402 TEMPORARY FENCE RENTAL 06- 004533 6051.45.460.63030 199.38 Total: 398.76 173222 3/5/2013 000078 OFFICE DEPOT 642128986001 OPERATING AND OFFICE SUPPLIE 08- 002185 1011.60.701.65020 353.16 Total : 353.16 173223 315/2013 000229 O'REILY AUTO PARTS 3551 - 249749 PURCHASE OF AUTO PARTS 06- 004244 7011.45.420.65045 2.50 3551 - 249833 PURCHASE OF AUTO PARTS 06- 004244 7011.45.420.65045 13.07 Total: 15.57 173224 3/5/2013 000672 PACIFIC MOBILE STRUCTURES,INC. 021813 -26887 MODULAR OFFICE BUILDING 06- 004140 4011.67.905.62015 4,174.70 Total: 4,174.70 173225 3/5/2013 008215 PENA, ANTONIO 800033489 REFUND - PARKING CITATION 1011.55.34110 114.50 Total: 114.50 173226 3/5/2013 000490 PETTY CASH - RECREATION 000490011413 REPLENISHMENT 1011.60.705.64015 54.36 1011.60.705.65020 20.96 1011.60.701.64399 22.50 1011.60.701.64015 70.33 Total: 168.15 173227 3/5/2013 004994 PITNEY BOWES, INC. 360028 POSTAGE MACHINE RENTAL 05- 001011 1011.35.330.63030 400.14 Total: 400.14 173228 315/2013 005588 PLUMBERS DEPOT, INC PD -19709 REPAIR SERVICES/ SEWER TRUCI 06- 004349 6051.45.460.63025 2,744.98 Total: 2,744.98 vchlist 02/26/2013 2:15:10PM Voucher List City of Lynwood Page: 21 Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173229 3/5/2013 008214 POPLAR, JEARLENE 3025926 REFUND - PARKING CITATION 1011.55.34110 114.50 Total : 114.50 173230 3/5/2013 000154 PRINTCO 13PCD -1163 COPIES OF PLANS - ST. IMPOV. PF 06- 004592 4011.67.006.62025 30.99 Total: 30.99 173231 3/5/2013 006281 PROFESSIONAL SECURITY, CONSULTAI IN000050706 SECURITY COVERAGE -CITY PARK: 08- 002212 1011.60.701.62015 10,623.89 Total : 10,62189 173232 315/2013 001057 RAMIREZ, JUAN E. 130205 TRANSLATION SERVICES 05- 000957 1011.35.335.64399 825,00 Total: 825.00 173233 3/5/2013 004689 RCS INVESTIGATIONS 2097 PERSONNELMATTER 05- 001010 1011.35.335.64399 3,810.00 Total : 3,810.00 173234 3/5/2013 001326 REDFLEX TRAFFIC SYSTEMS, INC. RTS0002024 PHOTO ENFORCEMENT SERVICES 02- 001482 1011.40.215.67950 10,000.00 Total: 10,000.00 173235 315/2013 008174 RENTERIA, CANDIDO B- 003015 REFUND - BUILDING PERMIT 1011.50.31110 92.07 Total : 92.07 173236 3/5/2013 000515 SCMAF 1146 MEMBERSHIP DUES 1011.60.705.65040 210.00 1011.60.710.65040 70.00 1011.60.745.65040 70.00 1011.60.701.65040 140.00 411 TRACK & FIELD ENTRY FEE & INSL 08- 002217 1011.60.715.64399 1,488.00 Total: 1,978.00 173237 3/5/2013 000711 SO CAL UNIFORM RENTAL 1283981 UNIFORM SERVICE - UTILITY SER\, vchlist Voucher List Page: 22 02/26/2013 2:15:10PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173237 3/5/2013 000711 SO CAL UNIFORM RENTAL (Continued) 06- 004311 6051.45.450.60040 30.49 1285207 UNIFORM SERVICES 06- 004351 4011.67.927.60040 2.07 1285208 UNIFORM SERVICE - UTILITY SERA 06- 004311 6051.45.450.60040 30.49 1286416 UNIFORM SERVICES 06- 004351 4011.67.927.60040 2.07 Total : 65.12 173238 3/5/2013 000089 STAPLES OFFICE WAREHOUSE 802456867 OFFICE SUPPLIES 03- 000260 1011.15.105.65015 107.56 Total : 107.56 173239 3/512013 002938 TAJ OFFICE SUPPLY 0033316 -001 OPERATING SUPPLIES 07- 000511 1011.55.515.65015 11.97 0033321 -001 OFFICE SUPPLIES 05- 000972 1011.35.335.65015 61.79 0033321 -001 -A OPERATING SUPPLIES 05- 000999 1011.35.335.65020 98.09 0033342 -001 OFFICE SUPPLIES 01- 000871 1011.25.205.65020 316.09 0033353 -001 OFFICE SUPPLIES 01- 000871 1011.25.205.65015 77.62 0033364 -001 OFFICE SUPPLIES 01- 000871 1011.25.205.65020 30.12 Total : 595.68 173240 315/2013 002520 TAN, MAY L. 002520021413 MILEAGE EXPENSE REIMBURSEMI 1011.30.270.64015 27.31 Total: 27.31 173241 3/5/2013 008167 TAYLOR, IRVING N. 01 -13 -001 GRANT WRITING CONSULTING SEI 11- 000244 1011.75.815.62015 7,512.00 Total: 7,512.00 173242 3/5/2013 007627 TIGERDIRECT, INC J24165960101 TV FOR SENIOR CENTER vchlist Voucher List Page: 23 02/26/2013 2:15:10PM City of Lynwood Bank code: apbank Voucher Date Vendor 173242 3/5/2013 007627 TIGERDIRECT. INC 173243 3/512013 003992 TRAFFIC SAFETY CORP 173244 3/512013 008166 VIDEO COMMUNICATIONS 173245 173246 173247 3/5/2013 001131 WALKER, BERTHAA. Invoice (Continued) J24165960102 J30153430101 2877 151257 001131013113 3/5/2013 004013 WALTERS WHOLESALE ELECTRIC CO 8755263 -01 315/2013 002912 WATERLINE TECHNOLOGIES,INC 5228798 5228799 5228800 5228802 173248 31512013 000802 WEST, KENNETH 000802010213 PO # Description /Account Amount 08- 002215 1011.60.720.66036 159.99 TV FOR SENIOR CENTER 08- 002215 1011.60.720.66036 1,799.97 MISC. NETWORK AND COMPUTER 02- 001526 6051.30.290.65020 16.69 02- 001526 1011.30.290.65020 16.69 Total: 1,993.34 IN- PAVEMENT CROSSWALK LIGHT: 06- 004529 2051.45.430.65020 200.25 Total: 200.25 BASIC PRINCIPLES FOR RESTROC 08- 002218 1011.60.701.65020 113.91 Total: 113.91 ZUMBA INSTRUCTOR 1011.60.33220 1,157.90 Total: 1,157.90 LED STREET LIGHT FIXTURES 06- 004486 2651.45.425.65020 4,011.20 Total: 4,011.20 SODIUM HYPOCHLORITE SOLUTIO 06- 004530 6051.45.450.65020 227.53 SODIUM HYPOCHLORITE SOLUTIO 06- 004530 6051.45.450.65020 201.89 SODIUM HYPOCHLORITE SOLUTIO 06- 004530 6051.45.450.65020 362.12 SODIUM HYPOCHLORITE SOLUTIO 06- 004530 6051.45.450.65020 265.98 Total: 1,057.52 PLANNING COMMISSIONER 04- 000432 1011.50.505.60999 25.00 vchlist Voucher List Page: 24 02/26/2013 2;15 ;10PM City of Lynwood Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 173248 3/5/2013 000802 000802 WEST, KENNETH (Continued) Total : 25.00 173249 315/2013 000601 WESTERLY METER SERVICE CO. 13152 WATER METER TESTING 06- 004333 6051.45.450.64399 35.00 Total: 35.00 173250 3/5/2013 000057 WILLDAN ASSOCIATES 00411470 NEW CITY HALLANNEX CONSTRUi 06- 004613 4011.67.905.62015 1,260.00 00411568 NEW CITY HALLANNEX CONSTRU 06- 004613 4011.67.905.62015 6,200.00 Total: 7,460.00 173251 315/2013 004157 YOUNGER, BILLY 0041 5701 021 3 PLANNING COMMISSIONER 04- 000433 1011.50.505.60999 25.00 Total : 25.00 80 Vouchers for bank code : apbank Bank total : 1,156,494.44 _ AGENDA STAFF REPOR 0 DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager ,�.d�/ PREPARED BY: A.J. Lopez III, Director of Human RRe Fred Galante, City Attorney SUBJECT: First Amendment to the Director of Human Resources' Employment Agreement Recommendation: Staff recommends that the City Council review and approve the first amendment to the Director of Human Resources' Employment Agreement. Background: This item was previously before the City Council in October and November 2012 and in January and February 2013. During this time, negotiations have been underway and have reached mutually acceptable tentative agreement this past week on the package deal. Discussion & Analysis: The Director is performing the duties and functions of the previously eliminated Risk Manager position in addition to the duties of Director of Human Resources and Personnel Officer per the Lynwood Municipal Code and Personnel Rules and Regulations. These duties range from working with the Council appointed members of the Personnel Commission on hire -thru- retire employment actions, managing workers' compensation, organizational development and training, assisting project task forces, overseeing the HR department budget, handling governmental tort claims, settling claims for damages and helping the City defend itself on highly complex lawsuits in addition to working with excess insurance carriers to ensure the City's protected with liability and other forms of insurance coverage. Most of the Director's benefits are linked to the Lynwood Employees Manager Group (LEMG). However, he is an At -Will employee, represents himself, and is not of a union. Although he is currently performing all these additional duties, he is ITEM being compensated for such. Therefore, the proposed amendment brings closure to this matter as the City and Director have tentative agreement on the package. In summary, the First Amendment: • Changes the position title to Director of Human Resources & Risk Management • Eliminates the City Manager's discretionary authority to provide annual performance -based merit increases to the Director. The Director will only be eligible for Cost of Living Allowance adjustments at the same rate as other managers in the Lynwood Employees Management Group (LEMG). • Provides the Director's participation in furloughs or Holiday credits and /or increased payments of the Employer Paid Member Contribution (EPMC) toward CalPERS retirement at the same rate that was negotiated with members of the civil service management group. o 30 hours of Holiday Credit was provided to managers and Director Lopez as part of the FY 13 MOU during the recent Holiday Closure. o All employees are now paying 8% EPMC including Director Lopez. • Eliminates the Car Allowance o As opposed to the management car allowances which were "suspended" (not eliminated) through the end of the fiscal year June 30, 2013, the First Amendment will permanently eliminate Director Lopez's car allowance. • Confirms Salary of $143,910 per year as Director of Human Resources & Risk Management retro- effective to January 1, 2013. • Increases Severance Pay from two (2) to six (6) months. • Outside Consulting Projects of no more than ten (10) hours per week shall not be in conflict with the Director's performance, responsibilities and provisions of the Employment Agreement. Fiscal Impact: This amendment is an update to the Director's contract and takes into consideration the City's larger budget objectives of being cost - effective and maintaining services. Further, the Director will be participating in any concessions and /or employee benefit reductions along with other management -level employees. Attached are the duties currently being performed by the Director across each of Human Resources, Risk Management and Claims Administration areas of expertise. Attached is also Exhibit "A ", which is an updated job description for the Director of Human Resources & Risk Management position. 2 Monies for this purpose are budgeted in the FY 2012 -13 (FY 13) adopted budget. The City also saved $121,000 per year by eliminating the Risk Manager position. Coordinated With: City Attorney's Office Attachments: Summary of Duties Across HR, Risk Mgmt & Claims Administration First Amendment to the Employment Agreement Employment Agreement Addendum to Section 3 Exhibit "A ", Director of Human Resources & Risk Management Job Description SUMMARY OF DUTIES ACROSS HUMAN RESOURCES, RISK MANAGEMENT AND CLAIMS ADMINISTRATION Human Resources • Plans, organizes, directs and coordinates a comprehensive personnel and human resources program to include administration of a position classification plan, a wage and salary plan, recruitment and selection and equal employment opportunity programs, fair employment practices and affirmative action programs, administration of risk management and retirement programs and municipal training programs; • Performs special studies and research for the City Manager and prepares recommendation; as assigned, investigates problems and complaints; formulates and recommends policies, regulations, and practices for implementing the personnel and human resources program; • Consults with and advises the City Manager, Personnel Board, City Council, and department heads in various personnel policies and practices; directs and administers an employee evaluation program; prepares comprehensive personnel reports; • Recommends methods of improving the personnel program; prepares agenda items for meetings of the City Council; provides staff support to the Personnel Board; Prepares the personnel budget and maintains budgetary controls; directs the maintenance of personnel records for City employees; maintains effective public relations with public officials, administrators, department heads, employees, and the general public; • Supervises and trains department employees; coordinates with departmental and administrative officials in the development or improvement of personnel procedures, standards, regulations and forms; conducts or directs personnel management, salary and benefit surveys and prepares recommendations and reports; provides information and technical assistance on personnel policies and procedures and the Affirmative Action Program; supplementary employee benefits, and other personnel matters; reviews and makes recommendations on revisions to personnel policies and procedures and the Affirmative Action Program; • Reviews and makes recommendations on improvements to personnel office practices and procedures; administers risk management, workers compensation and employee - related insurance policies and programs; • Reviews and analyzes pertinent legislation affecting personnel management; counsels and advises on a range of labor- management problems; • Prepares information for and participates in the negotiations with employee organizations on wages, hours and working conditions; serves on the management team in the City negotiating process. 4 Risk Management Duties (Continued) • Works independently or with consultants and City Departments to identify the City's various exposures to loss; makes recommendations on how to eliminate or reduce risk exposure. Makes recommendations for specifications for the purchase of insurance and other risk related services. • Coordinates the City's self- insured workers' compensation and liability program by reviewing, monitoring and recommending settlement of all claims. • Investigates employee accidents and injuries; reviews all incoming employee injury reports and takes appropriate actions; makes recommendations to prevent future recurrences; prepares statistical reports on employee injuries and accidents. • Develops a comprehensive safety program to reduce the City's exposure to loss; develops and implements loss control and safety training programs conforming to Cal /OSHA requirements and goals of the City's safety program. • Coordinates City -wide safety committees and meetings; conducts training seminars in order to train and provide employees with information regarding safe working practices and accident prevention methods; coordinates with the DMV Pull Notice Program and administers DL -170 Commercial Driver's Licensing Program and instructs staff on defensive driving procedures. • Administers the City's Federal Highway Administration (FHWA) Drug and Alcohol Testing compliance program. Conducts field surveys of City properties and facilities in order to identify potential hazards and safety violations; ensures compliance with applicable Federal and State legislation; recommends mitigation as necessary; determines methods for improved accident and loss prevention; responds to requests for public safety inspections; conducts inspections of City facilities and public areas; ensures City compliance with safety regulations regarding noise pollution, confined space, and hazardous material contamination. • Monitors the City's handling, storage, and disposal of hazardous chemicals and materials. Evaluates proposed legislation affecting the City's risk exposure; monitors developments in the insurance market. Compiles, develops, and updates the safety regulations compliance manual. • Serves as City representative when an enforcement agency (EPA, AQMD, NFPA, CAL /OSHA) inspector is conducting an inspection or investigation. Assists in the preparation of the annual safety budget and workers' compensation budget. Maintains a complete record system of claims and related activities. Responds to and resolves difficult and sensitive citizen inquires and complaints. 5 Claims Administration Duties • Either directly or in concert with the third party claims adjustor, handles administrative and adjustment services on liability claims asserted against the City. • Screens accident reports for potential claims and initiating contact with claimants. Establishing files and setting reserves on new cases. Maintaining contact with claimants or their attorneys. Deciding upon and initiating a proper course of investigation. Periodically reviewing cases for disposition and proper reserving. • Determining fault. Seeking contribution or indemnity form responsible third parties. Evaluating damages and determining settlement values. • Preparing written reports when recommending settlement or when recommending rejection or denial of a claim. Negotiating settlements. Taking releases from claimants. Initiating payment of settlements and expenses. • Sending denial letters to claimants or their attorneys. Notifying the City's excess liability insurers of all claims when exceed or may exceed the City's self - insurance retention. • Conducting investigative services which include but are not limited to: obtaining written questionnaires or telephone recorded statements from relevant parties, obtaining police reports and official reports, obtaining medical reports from claimants, their doctors or their attorneys, obtaining wage loss information from claimants, their employers or their attorneys, and all other investigation material than can be effectively obtained. • Conducts field investigation that is needed to properly handle general and auto liability claims. Selects outside investigators. • Refers claims to the appropriate defense attorney. Supervise and confer with defense attorneys during all stages of litigation to ensure that litigation is appropriately managed and cost - effective. • Prepares statistical monthly, quarterly and annual reports, and maintain adequate records of claims. n . AMENDMENT #1 TO AT -WILL EMPLOYMENT AGREEMENT - ALFREDO J. LOPEZ III This AMENDMENT #1 TO AT -WILL EMPLOYMENT AGREEMENT — ALFREDO J. LOPEZ III ( "Amendment ") is effective the 6 day of March, 2013, by and between the CITY OF LYNWOOD, a California municipal corporation ( "City" or "Employer ") and ALFREDO J. LOPEZ III, an individual ( "Employee "). RECITALS WHEREAS, Employee has been serving as Director of Human Resources for the City since January 8, 2007, per the At -Will Employment Agreement Between the City of Lynwood and Alfredo J. Lopez III ( "Agreement ") approved and executed on January 3, 2007; WHEREAS, on December 2, 2008, the City Manager of the City approved what was referred to as an Addendum to Section 3 of the Agreement confirming that the Employee can conduct, participate in or otherwise be engaged in independent consulting projects, not to exceed 10 hours (or one workday) per week; provided, as long as, such projects are not conducted in violation of the Agreement; WHEREAS, following contract negotiations, and per City Council direction, the parties wish to amend the Agreement to memorialize certain cost savings, including revising Employee's position title, and related duties, restructure compensation, revise the authorized severance pay, remove the City Manager's discretionary authority to provide Employee with an annual merit increase upon his anniversary date, and have Employee participate in any furloughs or in any reduction in the Employer Paid Member Contribution ( "EPMC ") as may be applicable to Lynwood Employees Management Group ( "LEMG ") employees for Fiscal Year 2012 -13, and other revisions pursuant to the terms of this Amendment, NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, City and Employee hereby agree as follows: I . The Recitals and Section 2 of the Agreement are hereby amended to replace any reference to "Director of Human Resources" with the title of "Director of Human Resources and Risk Management" to memorialize the approved new title and duties for Employee. 2. Exhibit "A" is hereby amended to supplement the description of Employee's duties to include those of the Director of Human Resources and Risk Management position, which revised Exhibit "A" shall read as set forth in Exhibit "A" attached to this Amendment. 3. Section 3 of the Agreement, entitled "EXCLUSIVE EMPLOYMENT ", is hereby amended to address the Director's work schedule and outside activities. "A. WORK SCHEDULE The parties agree that the Director of Human Resources & Risk Management shall engage in the hours of work that are necessary to fulfill the obligations of the position and must devote time in addition to the City's regular business hours to the business of the City. The Director acknowledges that City Hall is open Monday through Thursday from 7:00 am to 6:00 pm and is closed on Friday such that the City's standard work week is 4 10 -hour days. Notwithstanding the foregoing, the Director will be permitted reasonable time off during the City's business hours, as is customary for exempt employees, so long as the time off does not interfere with the City's business. B. OUTSIDE ACTIVITIES The Director shall not spend more than 10 hours per week on in teaching, consulting or other non - City- connected business activity and none of the Director's outside activities shall be in conflict with his performance and responsibilities as Director of Human Resources & Risk Management or the provisions of this Agreement." 4. Section 4 of the Agreement entitled "COMPENSATION ", is hereby amended in its entirety to read as follows, which amendment shall retroactively take effect on January 1, 2013: "A. COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a salary of One Hundred Forty Three Thousand Nine Hundred Ten Dollars ($143,910) per year retro- effective to January 1, 2013, payable in twenty -six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. In addition, employee shall receive any Cost of Living Adjustment awarded to the LEMG through City Council resolution. Merit increases, if any, in Employee's salary during the term of this Agreement, shall be at the sole discretion of the City Manager, provided City Council allocates funding for same through the budget process, based upon the City Manager's evaluation of Employee's job performance as set forth in Section 5'ofthis Agreement. 5. Section 5. A. of the Agreement entitled "Performance Reviews and Merit Adjustments ", is hereby amended to remove the City Manager's annual discretionary authority to provide up to a 5% salary adjustment (merit increase) on the Employee's anniversary date: "A. No Merit Increase Employee shall not be eligible for a merit increase at the City Manager's sole discretion." 6. Section 6. A. of the Agreement entitled "Car Allowance ", is hereby amended in its entirety to read as follows, which amendment shall take effect beginning on January 16, 2013 "A. Car Allowance 2 Employee shall not be entitled to receive any car allowance monthly payments while he is employed by the City. Further, as is standard with business miles driven in the United States, the Employee shall receive the Internal Revenue Service (IRS) standard mileage reimbursement rate of coverage (currently, at 55.5 cents per mile driven) for travel related to City business." 7. Section 6. C. of the Agreement entitled "Other Employee Benefits And Cost of Living Increases ", is hereby amended in its entirety to read as follows, which amendment shall take effect beginning on January 16, 2013: "C. Other Employee Benefits And Cost of Living Increases In addition to the benefits set forth in this Agreement, Employee shall receive the benefits provided by the City to members of the LEMG except for License and Certificate Incentive Pay. To the extent benefits provided under this Agreement are similar to those provided to the LEMG, Employee shall receive only those benefits provided under this Agreement, and not both. Should members of the LEMG receive a cost of living increase in salary, Employee shall receive the same percentage increase in salary as a cost of living increase. The cost of living increases shall be in addition to any merit increases that Employee may receive under Section 5 of this Agreement. Previously, the City made an Employer Paid Member Contribution ( "EPMC ") of 6% for the benefit of Employee with the Employee paying 2% as his member contribution, for a total of 8 %. However, effective December 23, 2012, the City reduced its EPMC to 0% for LEMG represented employees by means of a Fiscal Year 2012 -13 labor contract. Employee shall have EPMC similarly reduced to 0% and participate in such additional member contributions at the same time and in the same amount as paid by LEMG employees to satisfy Employee's required member contributions to CaIPERS. The City shall adopt the necessary resolutions and submit them to Ca1PERS to reflect the reduction in EPMC and the corresponding increase in share of the Employee's payment of the full member contribution to CalPERS." 8. A new Subsection 6. D. shall be added to the Agreement to memorialize Employee's offer to participate in any Unpaid Furlough Days or City Paid Holiday Credit that may be imposed on the LEMG or that the LEMG may agree to abide by under any Memorandum of Understanding that may be approved between the City and LEMG for Fiscal Year 2012 -13, which Subsection 21.D shall read as follows: "D. Unpaid Furloughs Employee shall participate in Unpaid Furlough Days or City Paid Holiday Credit in such amount and extent as may be agreed by the City 3 and the LEMG employees or as may be implemented upon the LEMG employees by the City for Fiscal Year 2012 - 2013." 9. Section 7. B. of the Agreement relating to Termination and Severance Pay, is hereby amended in its entirety to read as follows, which amendment shall take effect beginning on November 7, 2012: "B. In the event that Employee is terminated by the City Manager more than one hundred eighty (180) days after the Hire Date, for reasons other than physical or mental incapacity, or those reasons noted in subsection F., below the City agrees to pay Employee severance pay equal to six (6) months salary (but not benefits) at the Employee's salary at the date of termination." 10. Except as specifically provided in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. 2 IN WITNESS WHEREOF, the City Council of the City of Lynwood has caused this Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Amendment. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: CITY: CITY OF LYNWOOD Salvador Alatorre, Mayor Fred Galante, City Attorney Roger L. Haley, City Manager EMPLOYEE: ALFREDO J. LOPEZ III Alfredo J. Lopez III, Director of Human Resources & Risk Management 5 AT -WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND ALFREDO J. LOPEZ III This AT -WILL EMPLOYMENT AGREEMENT ( "Agreement ") is made by and between the City of Lynwood ( "City ") and Alfredo J. Lopez III ( "Employee "). The City and Employee may be referred to individually as a "Party" or collectively as "the Parties ". RECITALS City desires to hire Employee as an at -will employee in the position of Director of Human Resources. Employee desires to be the Director of Human Resources and acknowledges that such employment is at -will. The City Manager, pursuant to the authority granted by the City Council, agrees to hire Employee, as an at -will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The term of this Agreement shall be from January 8, 2007, until terminated by either Party. Employee is an at -will employee and may be terminated, with or without cause, and with or without notice, at any time by the City Manager. Employee may resign at any time. January 8, 2007 shall be Employee's "Hire Date" for purposes of this Agreement. Section 2: DUTIES A. City engages Employee as the Director of Human Resources to perform the functions and duties specified in the job description for the position (Attached as Exhibit "A" to this Agreement) as the same may be modified by the City Manager, from time to time, and to perform such other legally permissible and proper duties and functions as the City Manager shall, from time to time, assign. B. Employee agrees that to the best of his or her ability and experience that he or she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Manager, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of his or her duties, he or she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he or she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if he or she has a question as to the confidentiality of information obtained in the course of his or her employment, he or she will contact the City Manager for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus his or her full professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Manager. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a salary of $125,000 per year payable in twenty -six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. In addition, employee shall receive any Cost of Living Adjustment awarded to the Management Bargaining Group through City Council resolution. Increases, if any, in Employee's salary during the term of this Agreement, shall be at the sole discretion of the City Manager based upon the City Manager's evaluation of Employee's job performance as set forth in Section 5 of this Agreement. Section 5: PERFORMANCE REVIEWS AND MERIT ADJUSTMENTS Upon employment and annually, or more frequently at the discretion of the City Manager, the City Manager will define goals and performance objectives for Employee. Said goals and objectives will be placed in writing and used to evaluate the performance of Employee. Employee will receive an evaluation one - hundred - eighty (180) days from the hire date established in this Agreement and annual reviews thereafter by the City Manager. The City Manager may write more frequent evaluations in his or her discretion. Based on these performance evaluations, the Employee may, at the discretion of the City Manager, receive a salary adjustment (merit increase) based on the Employee's performance as evaluated by the City Manager. In no event shall Employee's merit increase exceed five percent (5 %) per year. A merit increase of up to five percent (5 %) per year will only be available after the first year and in the event that Employee satisfies all the performance criteria established by the City Manager for Employee. Should Employee satisfy some, but not all, the performance criteria established 2 by the City Manager for Employee, Employee may be eligible for a merit increase of less than five percent (5 %) per year, in the City Manager's sole discretion. Section 6: BENEFITS A. Car Allowance City shall provide an automobile, or an automobile allowance to Employee of $500.00 per month while he or she is employed by the City. B. Moving Expenses The City will reimburse Employee for reasonable moving expenses incurred within one- hundred- eighty (180) days of the Employee's Hire Date. Such expenses shall be based on the lowest of three bids from established moving companies. A check will be provided to Employee for the amount of the lowest bid. Employee may choose whichever moving company he desires and is not required to use the lowest bidder. C. Other Employee Benefits And Cost of Living, Increases In addition to the benefits set forth in this Agreement, Employee shall receive the benefits provided by the City to members of the Lynwood Management Bargaining Group except for License and Certificate Incentive Pay. To the extent benefits provided under this Agreement are similar to those provided to Lynwood Management Bargaining Group, Employee shall receive only those benefits provided under this Agreement, and not both. Should members of the Lynwood Management Bargaining Group receive a cost of living increase in salary, Employee shall receive the same percentage increase in salary as a cost of living increase, The cost of living increases shall be in addition to any merit increases that Employee may receive under Section 5 of this Agreement Section 7: TERMINATION AND SEVERANCE PAY A. Employee is an at -will employee and serves at the will and pleasure of the City Manager and may be terminated at any time without cause. B. In the event that Employee is terminated by the City Manager more than one - hundred- eighty (180) days after the IIire Date, for reasons other than physical or mental incapacity, or those reasons noted in subsection F., below, the City agrees to pay Employee severance pay equal to two (2) months salary (but not benefits) at the Employee's salary at the date of termination. C. To be eligible for severance pay, as identified in Paragraphs B and C of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign an acknowledgement and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. 3 D. All severance payments shall be paid within thirty (30) calendar days of Employee's last date of employment. E. Notwithstanding subsections A, B and C, above, if Employee retires or is terminated due to insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, which addiction impairs Employee's job performance, conviction of a crime involving moral turpitude or involving personal gain to him, any felony or a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. F. At termination, Employee shall be paid for all earned, but unused, vacation time. Section 8: RESIGNATION/RETIREMENT Employees may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his or her resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 7, subsections B and C. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement. Nothing in this section shall be construed to limit or restrict Employee's benefits or rights under Workers' Compensation, the Public Employees' Retirement System ( "PERS ") or the Americans with Disabilities Act or California Family Rights Act. However, an employee terminated under this section is not eligible for severance pay as delineated in Section 7, subsections B and C of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested U.S. mail with postage prepaid. Such notices shall be addressed as follows: 13 TO CITY: City Manager City of Lynwood 11330 Bullis Road Lynwood, California 90262 TO EMPLOYEE: Alfredo J. Lopez III City of Lynwood 11330 Bullis Road Lynwood, California 90262 B. Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications, understandings, or agreements between the Parties, not set forth herein, shall be superseded in total by this Agreement. No amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Manager and approved as to form by the City Attorney. C. Assignment This Agreement is not assignable by either the City or Employee. D. Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other Party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall not become effective until it has been signed by Employee, and approved by the City Manager. IN WITNESS WHEREOF, the City of Lynwood has caused this Agreement to be signed and executed in its behalf by its City Manager, and duly attested by its City Clerk, and executed by the Employee. CITY OF LYNWOOD, A municipal corporation Dated: xz 4 ityan r Approved as to form: Dated: t / 3 D �— [erstands ty Attorney In signing this Agreement, Employee un and agrees that he or she is an at -will employee and that his or her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Lynwood which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult Agreement. Dated: /Z 2 &, Signed: with an attorney prior to signing this ATTACHMENT B ACKNOWLEDGMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Lynwood ( "City "). I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City. I further acknowledge that this Acknowledgement and Release releases the City from and waives any claim I may have against the City, its employees, officers and agents, stemming from MY employment relationship, including the severance thereof, to the fullest extent permissible under the law. I further acknowledge that this waiver extends to all claims, known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code Section 1542, which provides. A general release does not extent to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Specific Acknowledgment of Waiver of Claims U nder ADEA and OWBPA The Age Discrimination in Employment Act of 1967 ( "ADEA ") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act ("OWBPA"), 29 USC Sections 626, et. seq., further augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Acknowledgement and Release, I acknowledge that I am knowingly and voluntarily, for just compensation in addition to anything of value of which I am already entitled, waiving and releasing any rights I may have under the ADEA and /or OWBPA. I acknowledge that I have been advised and understand, pursuant to the provisions of the ADEA and OWBPA, that: a. This Acknowledgement and Release, including this waiver /release, is written in a manner I understand. b. I am aware of and have been advised by legal counsel of my own choosing of my rights under the ADEA and OWBPA, and of the legal significance of my waiver of any possible claims I currently may have under the ADEA, OWBPA, or similar age discrimination laws. 17 C. I am entitled to a reasonable time of at least twenty -one (21) days within which to review and consider this Acknowledgement and Release, including the waiver and release of any rights I may have under the ADEA, the OWBPA, or similar age discrimination laws, but I may, in the exercise of my own discretion, sign or reject this Acknowledgement and Release at any time before the expiration of the twenty -one (2 1) day period. d. The waivers and releases set forth in this Acknowledgement and Release shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the effective date of this Acknowledgement and Release. e. I am hereby advised that I should consult with an attorney prior to executing this Acknowledgement and Release. f. I have had an opportunity to discuss this Acknowledgement and Release, including this waiver /release, with, and to be advised with respect thereto, by an attorney of my choice, and I do not need any additional time within which to review and consider this Acknowledgement and Release. g. 1 have seven (7) days following my execution of this Acknowledgement and Release to revoke this Acknowledgement and Release. h. This Acknowledgement and Release shall not be effective nor enforceable until after it is executed by all the Parties thereto and after the expiration of the seven (7) day revocation period set forth in the preceding paragraph. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated Employee 1 MEMORANDUM DATE: December 2, 2008 TO: Alfredo J. Lopez 111, Director of Human Resources FROM: Roger L. Haley, City Mana SUBJECT: Addendum to Section 3, Exclusive Employment, Employer - Employee Agreement Between the City of Lynwood and Director of Human Resources Alfredo J. Lopez III Per the attached At -Will Employment Agreement between the City of Lynwood and Director of Human Resources Alfredo J. Lopez III, Section 3, Exclusive Agreement, where it states: "Employee agrees to focus his or her full professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Manager This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by the Employee under this Agreement." This memorandum will serve as my written consent to allow Mr. Lopez to conduct, participate in or otherwise be engaged in independent consulting projects, not to exceed 10 hours (or one workday) per week In no event should any services, employment or business pursuits be conducted in violation of his Employer - Employee Agreement. Attachment: Employer - Employee Agreement cc: Robert Torrez, Assistant City Manager— Admin & Comm Svcs Alfredo Lopez - Personnel File CITY OF LYNWOOD DIRECTOR OF HUMAN RESOURCES AND RISK MANAGEMENT DEFINITION Under the administrative direction of the City Manager, to plan, organize, direct and coordinate a comprehensive personnel and human resources program, to include administration of a position classification plan, a wage and salary plan, recruitment and selection and equal employment opportunity programs, fair employment practices and affirmative action programs, administration of risk management and risk reduction, liability claims, worker's compensation and retirement programs, and municipal training programs; to assume responsibility for assigned administrative functions, analyses and studies; and to perform other job related work as required. EXAMPLES OF DUTIES Plans, organizes, directs and coordinates a comprehensive personnel and human resources program to include administration of a position classification plan, a wage and salary plan, recruitment and selection and equal employment opportunity programs, fair employment practices and affirmative action programs, administration of risk management, liability claims, workers' compensation, loss control, and retirement programs and municipal training programs; performs special studies and research for the City Manager and prepares recommendations; as assigned, investigates problems and complaints; formulates and recommends policies, regulations, and practices for implementing the personnel and human resources program; consults with and advises the City Manager, Personnel Board, City Council, and department heads in various personnel policies and practices; directs and administers an employee evaluation program; prepares comprehensive personnel reports; recommends methods of improving the personnel program; prepares agenda items for meetings of the City Council; provides staff support to the Personnel Board; prepares the personnel budget and maintains budgetary controls; directs the maintenance of personnel records for City employees; maintains effective public relations with public officials, administrators, department heads, employees, and the general public; supervises and trains department employees; coordinates with departmental and administrative officials in the development or improvement of personnel procedures, standards, regulations and forms; conducts or directs personnel management, salary and benefit surveys and prepares recommendations and reports; provides information and technical assistance on personnel policies and procedures and the Affirmative Action Program; supplementary employee benefits, and other personnel matters; reviews and makes recommendations on revisions to personnel policies and procedures and the Affirmative Action Program; reviews and makes recommendations on improvements to personnel office practices and procedures; administers risk management, workers compensation, liability claims handling and administration, loss control and litigation management and employee - related insurance policies and programs; reviews and analyzes pertinent legislation affecting personnel management; counsels and advises on a range of labor- management problems; prepares information for and participates in the negotiations with employee organizations on wages, hours and working conditions; serves on the management team in the City negotiating process. SPECIAL REQUIREMENT Possession of an appropriate California driver's license issued by the State Department of Motor Vehicles. DESIRABLE QUALIFICATION Knowledge of: Modern principles, practices and procedures of personnel and human resource administration, including labor relations, affirmative action, classification and compensation, recruitment, selection, risk management and risk reduction, litigation management, loss control, workers compensation laws, accident and injury investigation, and employee evaluation and training; Federal and State laws, regulations and administrative rules as the relate to personnel management, risk management, workers' compensation, safety, and loss control; Fiscal planning and budget allocation techniques; Office management and record - keeping principles, methods and procedures; Statistical, research and survey methods and techniques; Principles and practices of supervision, training and budget administration; Labor relations laws, practices and procedures; Computers and computer applications; Report writing methods and techniques; Principles of public administration and management; and Ability to: Plan, organize, direct and coordinate a comprehensive Personnel and Human Resources program; Conduct and improve recruitment, selection, evaluation, training, classification audit and personnel record - keeping activities; Initiate research studies and reports including the collection, organization, analysis and development of administrative and management recommendations; Advise City officials and employees on Personnel and Human Resources related programs and services; Prepare and present comprehensive written and oral reports; Develop and improve training and safety programs; Assist with identifying and resolving various Labor Relations and Risk Management related problems in the City's work force; Establish and maintain cooperative work relationships with those contacted in the course of work; Supervise and train subordinate personnel. =Tir TRAINING AND EXPERIENCE Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain these knowledges and abilities would be: Five years of professional experience in personnel and human resources activities, including at least three years in a supervisory or administrative capacity. EDUCATION Graduation from an accredited four -year college or university with a Degree in Public Administration, Business Administration, Industrial Relations, Finance, Public Policy or a closely related field is required. Possession of a Master's Degree in a field noted above is preferred and may be substituted for one year of the required experience. DATE: TO: APPROVED BY: AGENDA STAFF REPORT March 5, 2013 Honorable Mayor and Members of the City Council Roger L. Haley, City Manag PREPARED BY: Fred Galante, City Attorney Deborah Jackson, Director of Public Relation SUBJECT: First Amendment to the Director of Public Relations Employment Agreement Recommendation: Staff recommends that the City Council review and approve the first amendment to the Director of Public Relations' Employment Agreement. Background: The Director of the Quality of Life Services Department, renamed Public Relations Department, has been working as an At -Will Director since May 3, 2006. As contract terms are being negotiated with civil service employees, the Council also recently reviewed and considered revised terms and conditions of At -Will department heads. Therefore, this report provides proposed direction on the First Amendment to the Director's Employment Agreement. Discussion & Analysis: The Director of Public Relations position administers all quality of life issues including maintaining a cohesive working relationship between the City, Los Angeles County Sheriff's and Fire Departments, connecting neighborhoods and businesses to enhance collaborative and inclusive partnerships, assisting in the management of emergency preparedness plans and efforts, and assisting in the promotion of effective and efficient delivery of City services through various public communication efforts. These responsibilities include attending off -site emergency preparedness meetings and workshops, going out to locations regarding service request concerns and complaints, parking enforcement issues, and attending public safety meetings, workshops, and on behalf of the City. H� ITEM I L Please see the attached amendment for more information. Fiscal Impact: Monies for this purpose are budgeted in the FY 2012 -13 (FY 13) adopted budget. Coordinated With: City Attorney's Office Attachment: Employment Agreement 2 AMENDMENT TO AT -WILL EMPLOYMENT AGREEMENT - DEBORAH L. JACKSON This AMENDMENT TO AT -WILL EMPLOYMENT AGREEMENT ( "Amendment ") is effective the 5`" day of March, 2013, by and between the CITY OF LYNWOOD, a California municipal corporation ( "City" or "Employer ") and DEBORAH L. JACKSON, an individual ("Employee "). RECITALS WHEREAS, Employee has been serving as Director of the Quality of Life Services Department, renamed Public Relations Department, for the City since May 3, 2006, per the At- Will Employment Agreement Between the City of Lynwood and Deborah L. Jackson ( "Agreement ") approved and executed on May 4, 2006; WHEREAS, as contract terms are being negotiated with civil service employees, the Council also recently reviewed and considered revised terms and conditions of at -will department heads and provided direction regarding amendments thereto; WHEREAS, per City Council direction, the parties wish to amend the Agreement to memorialize certain cost savings, including having Employee participate in any reduction in the Employer Paid Member Contribution ( "EPMC ") as may be applicable to Lynwood Employees Management Group ( "LEMG ") employees for Fiscal Year 2012 -13, having employee participate in any furloughs as may be applicable to LEMG employees, yet allow Employee to use unpaid vacation time in lieu of salary for such time, reduce Employee's automobile allowance and update Employee's job title and related revisions pursuant to the terms of this Amendment. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, City and Employee hereby agree as follows: 1. The Recitals and Section 2 of the Agreement are hereby amended to replace any reference to "Director of Quality of Life Services" with the title of "Director of Public Relations" to memorialize the revised title of the applicable department of the City. 2. Exhibit "A" is hereby amended to update the description of Employee's duties under the Director of Public Relations position, which revised Exhibit "A" shall read as set forth in Exhibit "A" attached to this Amendment. 3. Section 4 of the Agreement, entitled "COMPENSATION ", is hereby revised to remove the last sentence therein authorizing Employee to receive merit increase to her salary at the discretion of the City Manager. As such, Employee shall no longer be entitled to any such increases, but instead, only be authorized to receive cost of living increase per Section 6 B of the Agreement 4. Section 5 of the Agreement entitled "PERFORMANCE REVIEWS AND MERIT ADJUSTMENTS" is hereby renamed to read "PERFORMANCE REVIEWS" to read as follows, deleting the language referencing the right of employee to receive merit adjustments to her compensation: "Section 5: PERFORMANCE REVIEWS Upon employment and annually, or more frequently at the discretion of the City Manager, the City Manager will define goals and performance objectives for Employee. Said goals and objectives will be placed in writing and used to evaluate the performance of Employee. Employee will receive an evaluation one (1) year from the hire date established in this Agreement and annual reviews thereafter by the City Manager. The City Manager may write more frequent evaluations in his or her discretion." 5. Section 6. A. of the Agreement entitled "Car Allowance ", is hereby amended in its entirety to read as follows, to describe the $200 per month reduction in automobile allowance payable to Employee, which amendment shall take effect beginning on January 1, 2013: "A. Car Allowance City shall provide an automobile, or an automobile allowance to Employee of $300 per month while she is employed by the City which benefit shall supersede any contrary provisions in any MOU with LEMG" 6. Section 6. B. of the Agreement entitled "Other Employee Benefits And Cost of Living Increases ", is hereby amended in its entirety to read as follows, which amendment shall take effect beginning on January 1, 2013: `B. Other Employee Benefits And Cost of Living Increases In addition to the benefits set forth in this Agreement, Employee shall receive the benefits provided by the City to members of the Lynwood Employee Management Group ( "LEMG ") except for License and Certificate Incentive Pay. To the extent benefits provided under this Agreement are similar to those provided to the LEMG, Employee shall receive only those benefits provided under this Agreement, and not both. Should members of the MBG receive a cost of living increase in salary, Employee shall receive the same percentage increase in salary as a cost of living increase. The cost of living increases shall be in addition to any merit increases that Employee may receive under Section 5 of this Agreement. Previously, the City made an Employer Paid Member Contribution ( "EPMC ") of 6% for the benefit of Employee with the Employee paying 2% as 127687.02 her member contribution, for a total of 8 %. However, effective December 18, 2012, the City reduced its EPMC to 0% for LEMG represented employees by means of a Fiscal Year 2012 -13 labor contract. Employee shall have EPMC similarly reduced to 0% and participate in such additional member contributions at the same time and in the same amount as paid by LEMG employees to satisfy Employee's required member contributions to CalPers. The City shall adopt the necessary resolutions and submit them to Ca1PERS to reflect the reduction in EPMC and the corresponding increase in share of the Employee's payment of the full member contribution to CalPERS." 7. A new Subsection 6. C. shall be added to the Agreement to memorialize Employee's agreement to participate in any unpaid furlough days that may be imposed on the LEMG or that the LEMG may agree to abide by under any Memorandum of Understanding that may be approved between the City and MBG for Fiscal Year 2012 -13, which Subsection 6. C. shall read as follows: "C. Unpaid Furloughs Employee shall participate in unpaid furlough days in such amount and extent as may be agreed by the City and the LEMG employees or as may be implemented upon the LEMG employees by the City for Fiscal Year 2012 -2013; provided that Employee shall be entitled to use, as payment in -lieu of any salary, her accrued vacation time during such time, which right shall supersede any contrary provisions in the MOU with LEMG." 8. Except as specifically provided in this Amendment, the terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the City Council of the City of Lynwood has caused this Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Amendment. CITY: CITY OF LYNWOOD Salvador Alatorre, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM 127687.02 3 Fred Galante, City Attorney Roger L. Haley, City Manager EMPLOYEE: DEBORAH L. JACKSON Deborah L. Jackson Director of Public Relations 127687.02 4 EXHIBIT "A" Description of Director of Public Relations Duties 127687.02 CITY OF LYNWOOD DIRECTOR OF PUBLIC RELATIONS DEFINITION Under administrative direction of the City Manager to plan, organize and administer the Public Relations Department including overseeing liaison services with local agencies providing the city with public safety services on a contract basis, collaborating with the education and business community, and communicating with the public through marketing, advertising, branding, photography, website design /development and video production, and other related neighborhood and community service programs. EXAMPLES OF DUTIES Administers all quality of life issues including maintaining a cohesive working relationship between the City, County Sheriff's Department and Fire Department, connecting neighborhoods and businesses to enhance collaborative and inclusive partnerships, assisting in the management of emergency preparedness plans and efforts, and helping promote the effective and efficient delivery of City services through various public communication efforts. In addition, provides recommendations to the City Manager and City Council on objectives, level of service, schedules and other operating aspects of the above areas and other related services as assigned; maintains personal contact with residents, organizations and business community to promote participation in developing neighborhood and business improvement programs particular to their environment; directs preparation of and administers the Department of Public Relations' budget; prepares reports and Council agenda items; determines the effectiveness and /or impact of programs and services being provided; interprets and explains policies, procedures, rules and regulations of the City as they pertain to quality of life issues; keeps apprised of changes in laws, codes ordinances and City policies; conducts research and special studies as assigned by the City Manager; provides supervision, training and evaluation of the Department of Public Relations' staff; attends City Council and Commission meetings as required; performs other related duties as assigned. The position also communicates to the public through various media, including marketing, advertising, branding, photography, website design /development and video production, as part of the City's overall public relations plan and strategy. SPECIAL REQUIREMENT Possession of an appropriate California driver's license issued by the State Department of Motor Vehicles. Director of Public Relations Page 2 DESIRABLE QUALIFICATION Knowledge of: Modern methods, techniques and practices of contract negotiations and services between agencies; Principles, practices and procedures of public administration, management and organization; Techniques of financial, management and administrative analysis; Principles and practices of varied community and public services; Functions, operation and objectives of a municipal government organization; Applicable City, County and State laws, codes and ordinances; Report writing methods and techniques; Principles and practices of supervisions, training and budget administration; Effective public relations methods; Principles and practices involved in implementing innovative community based programs; Computers and computer applications. "Ire Ability to: Plan, organize, direct and coordinate a comprehensive quality of life activities and programs; Effective organize and formulate policies and procedures pertaining to City community programs; Analyze and develop community participation and recommendations; Provide technical assistance to Lynwood citizens, community organizations, Commissions, and committees; Initiate research studies and reports including the collection, organization, analysis and development of administrative and management recommendations; Prepare and present comprehensive written and oral reports; Follow up and resolve issues; Establish and maintain cooperative work relationships with those contacted in the course of work; Build partnerships within and outside the City; Supervise and train subordinate personnel. 4 Director of Public Relations Page 3 TRAINING AND EXPERIENCE Any combination of training and experience which would provide the required knowledge and abilities is qualifying. A typical way to obtain this knowledge and abilities would be: Seven years of professional experience in managing public programs or services including at least three years in a supervisory or administrative capacity. EDUCATION Graduation from an accredited four -year college or university with a Degree in Public Administration, Business Administration, Industrial Relations, Finance, Public Policy or a closely related field is required. Possession of a Master's Degree in a field noted above is preferred and may be substituted for one year of the required experience. Effective Date: November 2012 3 AGENDA STAFF REPORT DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley City Mana er PREPARED BY: Josef Kekula, Acting Director of Public Works .YLI SUBJECT: Vendor Procurement List Approval for FY 2012 -13 and FY 2013 -14 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ATTACHED VENDOR LIST AND EXPENDITURES FOR FY 2012 -13 AND FY 2013 -14 ". Background: Each fiscal year the Public Works Department uses various vendors to acquire various materials, supplies and services, for its daily operations. There are about 75 vendors that are used by the Public Works Department to supply the various items such as cleaning supplies, traffic signal supplies, asphalt, concrete, water meters, chemicals, hardware, small tools, elevator maintenance, vehicle maintenance and office supplies. Some of the cumulative purchases for the department may exceed $15,000 for a single vendor during the fiscal year and require City Council approval. Discussion & Analysis: On June 5, 2012 the council approved a list of vendors for the Public Works Department. The attached list (Exhibit "A ") has been revised and includes new vendors. These vendors have provided reliable services, reasonable pricing, accept purchase orders and agree to work within the City's purchasing policies and procedures. Most of the vendors are located within 15 miles or less from the Civic Center thereby saving on travel time. Those located further provide free shipping and in some cases they are sole providers, or are willing to sell in smaller quantities that fit the City's needs. By pre - approving the vendor's list and the individual expenditure limits, the purchasing process will be somewhat streamlined and will provide for more cost effective and efficient operation. ITEM /A From time -to -time during the fiscal year staff will compare prices from vendors to ensure reasonable pricing is provided to the City. Staff will review the vendor list each year, update the list as necessary and bring the updated list to City Council for approval. Fiscal Impact: Funds have been appropriated in the Public Works Department budget. Coordinated With: City Manager's Office City Attorney's Office Finance Department Budget Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE ATTACHED VENDOR LIST AND EXPENDITURES FOR FY 2012 -13 AND FY 2013 -14 WHEREAS, Public Works Department utilizes various vendors to purchase supplies, materials and services for daily operations; and WHEREAS, purchases for certain vendors may exceed $15,000 annually; and WHEREAS, City Council approval is required for purchases over the $15,000 annual limit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood approves the attached Public Works Department Vendors List (Exhibit "A ") and annual expenditure cap for FY 2012 -13 and FY 2013 -14 and authorizes the City Manager or designee to approve purchase orders in an amount not -to- exceed expenditure caps for the Public Works Department. Section 2. That this list shall be valid for the FY 2012 -13 and FY 2013 -14. Section 3. That the City Clerk shall certify as to the adoption of this Resolution. Section 4. That this resolution becomes effective immediately. PASSED, APPROVED and ADOPTED this 6th day of March, 2013. Salvador Alatorre Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager 3 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Fred Galante City Attorney Josef Kekula Acting Director of Public Works STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of 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 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 City Clerk, City of Lynwood 5 PUBLIC WORKS APPROVED VENDOR PURCHASE ORDER LIST FY 2012 -13 AND FY 2013 -14 VENDOR I A.A. EQUIPMENT JOHN DEERE REPAIRS GATORS ANNUAL ORDER LIMIT $15,000.00 A.B.C. HARDWARE MISCELLANEOUS TOOLS AND SUPPLIES $15,000.00 A.Y. NURSERY PURCHASE OF PLANTS & SHRUBS $15,000.00 ADVANCED SEWER TECHNOLOGIES EMERGENCY SEWER CLEANING $25,000.00 AIRGAS SAFETY SAFETY PROTECTION $15,000.00 ALTEC INDUSTRIES CERTIFIED PARTS FOR AERIAL BUCKET $15,000.00 AMERICAN RENTALS RENTAL EQUIPMENT SUCH AS LIFTS $15,000.00 AMERON POLE PRODUCTS LIGTHING $20,000.00 BISHOP TOOLS, CHAIN SAWS, GLOVES $30,000.00 BRADLEY BAGS SPECIALTY TRASH LINERS $20,000.00 BUBBS HARDWARE HARDWARE SUPPLIES $15,000.00 CAL ADDISON TIRE & WHEEL SERVICE $12,000.00 CARSON IRRIGATION SYSTEM $10,000.00 CENTURY RADIATORS RADIATOR SERVICE $40,000.00 CLINICAL LABS OF SAN BERNANDINO TITLE 22 WATER TESTING $25,000.00 CRAFCO SPECIALITY ASPHALT FOR POT HOLE REPAIRS $35,000.00 CT &F TRAFFIC SIGNAL EMERGENCY REPAIRS $25,000.00 DIESEL MOBILE TRACTOR/CASE REPAIR SERVICE $20,000.00 DOTY BROS. CONSTRUCTION EMERGENCY SEWER CLEANING $25,000.00 DOVER ELEVATORS ELEVATOR SERVICE AT COMMUNITY CENTER $15,000.00 DOWNTOWN FORD SALES VEHICLES FOR CITY FLEET $400,000.00 EBERHARD EQUIPMENT SMALL EQUIPMENT REPAIR $10,000.00 FRAZEE PAINT TRAFFIC AND CURB PAINT $20,000.00 G.M.C.PEST CONTROL PEST CONTROL $10,000.00 GOLDEN WEST PIPE PLUMBING SUPPLIES AND FIXTURES $15,000.00 GRAINGER SPECIALTY HARDWARE $35,000.00 HANSON AGGREGATES BASE MATERIAL CLASS A $20,000.00 HANSON LORAN ISANITARY CLEANING SUPPLIES $15,000.00 EXHIBIT "A" 1 of 3 PUBLIC WORKS APPROVED VENDOR PURCHASE ORDER LIST FY 2012 -13 AND FY 2013 -14 VENDOR NAME HD SUPPLY WATERWORKS ITEM WATER DISTRIBUTION HARWARE SUPPLIER ANNUAL PURCHASE ORDER LIMIT $20,000.00 HILLYARD SANITARY SUPPLIES FOR PARK MAINTENANCE $45,000.00 HOME DEPOT HARDWARE SUPPLIES $25,000.00 I.D.R. ENVIRONMENTAL HAZARDOUS MATERIAL $40,000.00 IDEAL LIGHTING SUPPLY STREET LIGHTING SUPPLIES $20,000.00 J & A WATER WELL REPAIRS $30,000.00 J & G GRAPHICS STREET SIGNS AND BUSINESS CARDS $15,000.00 JTB SUPPLIES STREET LIGHTING/ TRAFFIC SUPPLIES MATERIALS $15,000.00 JONES LUMBER LUMBER AND BUILDING SUPPLIES $15,000.00 KELTERITE CORP ASPHALT AND BASE $30,000.00 LINDSAY LUMBER CO BUILDING SUPPLIES $5,000.00 LINGO ELECTRIC TRAFFIC SIGNAL MATERIAL AND EQUIPMENT $15,000.00 LYNWOOD RENTAL EQUIPMENT REPAIRS ON GRINDERS, ECT. $20,000.00 MFVS, INC LIFT GATES, LIGHTBARS, INSTALLATION $30,000.00 MAIN STREET STREET SIGNS REPLACEMENT & SIGN OVERLAY $15,000.00 MARCO POWER EQUIPMENT SERVICES AND REPAIRS $20,000.00 McCAIN TRAFFIC SUPPLY TRAFFIC SIGNAL HARWARE SUPPLIES $30,000.00 M & L (GOODYEAR TIRES) VEHICLE SERVICE FOR CITY VEHICLES $30,000.00 MSL ELECTRIC EMERGENCY TRAFFIC SIGNAL REPAIRS $30,000.00 O'REILY'S AUTO PARTS AUTO PARTS $15,000.00 PARAMOUNT READY MIX READY MIX CONCRETE USED $15,000.00 PARK WATER UTILITY SERVICE $15,000.00 ROADLINE PAVEMENT MARKING PAINTS $25,000.00 RUBIO TIRES TIRE SERVICE $14,000.00 S & J SUPPLY CO. WATER DISTRIBUTION HARWARE SUPPLIER $35,000.00 STEINY & CO EMERGENCY TRAFFIC & SIGNAL REPAIRS $30,000.00 SULLY MILLER JASPHALT MATERIAL $40,000.00 SUNRISE FORD IVEHICLES FOR CITY FLEET $400,000.00 TEN TON FORKLIFT IMOBILE AUTO REPAIR $50,000.00 EXHIBIT "A" 2 of 3 PUBLIC WORKS APPROVED VENDOR PURCHASE ORDER LIST FY 2012 -13 AND FY 2013 -14 VENDOR NAME T.A.J. OFFICE SUPPLIES ITEM OFFICE SUPPLIES ANNUAL PURCHASE O RDER LIMIT $15,000.00 TRAFFIC PARTS INC TRAFFIC SIGNAL PART AND EQUIPMENT $15,000.00 TRAFFIC SAFETY COPR PARTS /MATERIALS FOR IN PAVING LIGHTING $15,000.00 U.S. SAFETY SUPPLIES AND MATERIALS $15,000.00 U.S. TRAFFIC SIGNS AND BARRICADES $25,000.00 UNITED TRAFFIC TRAFFIC SAFETY SUPPLIES $20,000.00 VALVERDE CONSTRUCTION EMERGENCY SEWER CLEANING $30,000.00 VISION COMMUNICATION LIGHTBARS AND INSTALLATION $30,000.00 WALTERS ELECTRICAL ELECTRICAL SUPPLIES AND FIXTURES $25,000.00 WATERLINE TECHNOLOGIES SODIUM HYPOCHLORITE PROVIDER $60,000.00 WELL SUPPLY CO. WATER DISTRIBUTION HARWARE SUPPLIER $25,000.00 WESTERN FARM ROUND UP FOR WEEDS $15,000.00 WESTERN HIGHWAY STREET SIGNS AND MATERIAL FOR STEET SAFETY $15,000.00 WHITE CAP HAND TOOLS AND SUPPLIES $15,000.00 WHITTIER FERTILIZER FERTILIZER FOR CITY PARK $15,000.00 YAMADA PURCHASE OF SMALL EQUIPMENT $15,000.00 ZAP STREET SIGNS $15,000.00 ZEE TECHNOLOGIES TONERS FOR PRINTERS AND FAX MACHINES $10,000.00 ZUMAR STREET SIGNS AND MATERIALS $15,000.00 EXHIBIT "A" 3 of 3 0 AGENDA STAFF REPORT DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Josef Kekula, Acting Director of Public Works X Elias Saikaly, P. E., Public Works Engineering Manager SUBJECT: Authorization to Release a Request for Qualifications for Various Consulting Engineering and Architectural Services Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO RELEASE A REQUEST FOR QUALIFICATIONS FOR CONSULTING ENGINEERING AND ARCHITECTURAL SERVICES'. Background: On October 9, 2010, the City Council approved a list for on -call consulting services for design, construction management and administration for various City projects for a period of three (3) years. In anticipation of an increase in construction and various types of improvements in the City, as well as to take advantage of the current favorable bidding climate and to hopefully create numerous construction jobs, staff is considering updating the consultant list to cover a broader range of engineering and architectural disciplines. Discussion & Analysis: The City of Lynwood will utilize prequalification lists for professional design and /or construction management services for a wide variety of public works infrastructure projects over the next three years. Based on submitted and ranked Statement of Qualifications (SOQs), the most highly qualified firms will be pre - qualified for contractual opportunities in selected Service Categories. With the upcoming demand of different types of construction, and to ensure that the City maintains a competitive bidding process, staff proposes moving forward with the issuance of an Request for Qualifications (RFQ), to secure and update a list of qualified consulting firms with various types of experience such as Pool Consultant, Mechanical, Electrical and Environmental and other Civil Engineering and Architectural firms AGENDA that are qualified and can provide cost effective design, construction management, administration, and project management services for a period of three years. In ITEM addition, the pre - qualified lists would drastically reduce the down time for selecting consulting firms and would dramatically expedite the completion of the design of projects. As such, staff is requesting the City Council's authorization to release a Request for Qualifications to provide the needed Engineering and Architectural services. Fiscal Impact: There is no significant fiscal impact from releasing the RFQ. Coordinated With: City Attorney's Office City Clerk's Office Finance Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO RELEASE A REQUEST FOR QUALIFICATIONS FOR CONSULTING ENGINEERING AND ARCHITECTURAL SERVICES WHEREAS, the City currently uses various consulting firms to conduct engineering and architectural design services on an as- needed basis; and WHEREAS, the City desires to update the previous list of consulting firms with a group of competitive and qualified firms; and WHEREAS, the City desires to maintain a competitive bidding process through the release of Request for Qualifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the City of Lynwood approves and authorizes the release of a Request for Proposals for engineering, architectural and other consulting services. Section 2 . This resolution shall go into effect immediately upon its adoption. Section 3 . The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 5 th day of March, 2013. Salvador Alatorre Mayor ATTEST: Maria Quinonez Roger L. Haley City Clerk City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: Fred Galante Josef Kekula City Attorney Acting Director of Public Works STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of 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 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 , City Clerk, City of Lynwood 4 F r t 0 11gp4 ;. AGENDA STAFF REPORT DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Managli PREPARED BY: Josef Kekula, Interim Director of Public Works` Lorry Hempe, Public Works Special Projects Manager SUBJECT: Approval to Amend an Existing Agreement with Mueller Service Company for the Maintenance of Valves and Hydrants Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING AN EXISTING AGREEMENT WITH MUELLER SERVICE COMPANY, LLC IN SUBSTANTIALLY THE SAME FORM AS THE ATTACHED CONTRACT AMENDMENT NO. 1 TO SERVICES AGREEMENT, TO EXTEND THE AGREEMENT TO JUNE 30.2014." Background: On March 6, 2012, the City Council awarded a contract to Mueller Service Company, LLC for the valve and hydrant testing, rehabilitation, and information management in an amount not to exceed $152,700. Approval is requested to amend an existing contract with Mueller Service Company to extend the contract end date from June 30, 2013 to June 30, 2014. The recommended contract extension is necessary in order to complete the hydrant testing and rehabilitation project, no. 4011.67.005. Discussion & Analysis: The proper maintenance of system valves and hydrants are critically important in the sustainability and continual improvement of water quality and service. The City and Mueller Service Company, LLC entered into an agreement on March 6, 2012 for the maintenance of valves and hydrants. The contract is scheduled to terminate on June 30, 2013. Given the resources available, staff had to prioritize other water and sewer capital improvement projects underway that are close to ITEM /so completion which caused delay to this project. Additional time is needed to complete this project. Fiscal Impact: The City Council approved an appropriation of $190,875 for this hydrant testing and rehabilitation project, no. 4011.67.005. The Services Agreement with Mueller Service Company is included in that approved appropriation. Coordinated With: Finance & Administration City Attorney's Office 2 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING AN EXISTING AGREEMENT WITH MUELLER SERVICE COMPANY, LLC IN SUBSTANTIALLY THE SAME FORM AS THE ATTACHED AMENDMENT NO. 1 TO SERVICES AGREEMENT, TO EXTEND THE AGREEMENT TO JUNE 30, 2014 WHEREAS, the City of Lynwood, hereinafter called "City" and Mueller Service Company, hereinafter called "Consultant," have entered into certain Services Agreement called hereinafter called "Agreement," dated, March 6, 2012, pursuant to City Council Resolution No. 2012.047, which Agreement sets forth the terms and conditions for the valve and hydrant testing, rehabilitation and information management system within the City of Lynwood WHEREAS, the original contract amount of $152,700 was approved by the City Council for said Agreement on March 6, 2012; and WHEREAS, the agreement is set to terminate on June 30, 2013; and WHEREAS, additional time is needed to complete the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council approves Contract Amendment No. 1 for the purpose of amending the termination date of the Agreement from June 30, 2013 to June 30, 2014 to an existing Services Agreement between the City of Lynwood and Mueller Service Company, LLC. Section 2. That the City Council authorizes the Mayor to execute Amendment No. 1 in a form approved by the City Attorney. Section 3. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 5 th day of March, 2013. Salvador Alatorre Mayor ATTEST: Maria Quinonez Roger L. Haley City Clerk City Manager 3 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Fred Galante City Attorney Josef Kekula Interim Director of Public Works 4 STATE OF CALIFORNIA ) 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 5 th day of March 2013 and passed by the following votes: AYES: NOES: ABSTAIN: ABSENT: Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above 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 5 th day of March 2013 Maria Quinonez, City Clerk 61 TA CONTRACT AMENDMENT NO. 1 BETWEEN THE CITY OF LYNWOOD AND MUELLER SERVICE COMPANY FOR THE VALVE AND HYDRANT TESTING, REHABILITATION AND INFORMATION MANAGEMENT PROJECT WHEREAS, the City of Lynwood, hereinafter called "City" and Mueller Service Company, hereinafter called "Consultant," have entered into certain Services Agreement called hereinafter "Agreement," dated, March 6, 2012, pursuant to City Council Resolution No. 2012.047, which Agreement sets forth the terms and conditions for the valve and hydrant testing, rehabilitation and information management system within the City of Lynwood, and WHEREAS, the original contract amount of $152,700 was approved by the City Council for said Agreement on March 6, 2012, and WHEREAS, the agreement is set to terminate on June 30, 2013; and WHEREAS, additional time is needed to complete the project. NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: 1. The Agreement shall be amended with Contract Amendment No. 1 to extend the termination date of the Agreement from June 30, 2013 to June 30, 2014 as approved by the City Council of the City of Lynwood through Council Resolution No. , during its regularly scheduled meeting on March 5, 2013. 2. The term of the Agreement is extended to June 30, 2014. 3. All other terms and conditions of the original Agreement entered into on March 6, 2012, pursuant to Resolution No. 2012.047 shall remain unchanged and in effect. IN WITNESS WHEREOF, the parties hereto have executed this first amendment to the Professional Services Agreement this 5 th day of March, 2013 DATED: 2013 BY: MAYOR, CITY OF LYNWOOD DATED: 2013 BY: CITY CLERK, CITY OF LYNWOOD DATED: 2013 BY: DATED: ,2013 BY: CITY ATTORNEY, CITY OF LYNWOOD AGENT OF MUELLER SERVICE COMPANY, LLC Page 1 of 1 Contract Amendment No. 1 — Valve and Hydrant Testing, Rehabilitation and Information Management Citywide. r� AGEND REPO 'rdxrva� DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag�,_�/ PREPARED BY: Sarah Magana Withers, Community Development Director Bruno Naulls, Community Development Associat� SUBJECT: EAR Program Fund Phase II Implementation Recommendation: Staff recommends that the City adopt the attached resolution entitled, "A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING GANNETT FLEMING TO USE THE STATE WATER RESOURCES CONTROL BOARD ( SWRCB), EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM PHASE II FUNDS IN THE AMOUNT OF $349,109 TO CONTINUE CONDUCTING CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD AND AMEND CURRENT AGREEMENT TO REFLECT A TOTAL CONTRACT AMOUNT OF $1,327,438 ". Background: The State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides grant funding to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs). If funds are not spent according to agreed terms and in a timely manner, the City risks losing the grant award and any future funding. On January 11, 2011, the City was awarded funds from this program. A first phase budget was approved in the amount of $999,983 concerning the site at 11600 Long Beach Boulevard. On May, 22, 2011, Gannett Fleming entered into an Agreement with the City to conduct corrective remediation action at said location using $978,329 of the City's awarded EAR Program funds. As a part of the award, if funds were expended according to schedule, SWRCB had the option to appropriate a second phase of funding without an additional application process. Gannet Fleming has worked diligently to stay on schedule and has made substantial progress in remediating the site. Pursuant to Section 2 of said Agreement ('Term of Agreement'), City Manager or City Council may extend the original Agreement if additional EAR funds are awarded the City. On January 15, 2013, the City received notice that the second phase of EAR funding was now available and has been authorized to receive an AGENDA ITEM Ao- additional $352,883 for continued remediation efforts. The Phase I EAR funds must be expended by September 14, 2013 and the Phase II funds must be expended by December 31, 2013. Due to the amount of the award, staff has brought this amendment to Council for approval. In order to continue progress and not delay the remediation project, a contract with Gannett Fleming for use of the second phase of EAR funding is needed in order for the funds to be used. The new contract with Gannett Fleming will amend the existing Agreement and consolidate the EAR funds under one contract. The proposed contract will allow Gannett Fleming to continue conducting corrective action at the petroleum UST site located at 11600 Long Beach Boulevard. Discussion & Analysis: The City has used Gannett Fleming to successfully implement use of EAR funds to begin the soil remediation at said location. Due to a productive Phase I, we are able to continue efforts to remediate the site using non -City funding. Gannett Fleming has shown diligence throughout its remediation services to the City and it is felt that they should continue representing the City in its efforts to remediate said location. The City is not directly responsible for the repayment of these funds; however, the grant agreement requires the City to remit any cost recovery gained from the parties responsible for the contamination at said location to the SWRCB to replenish the EAR Program funds. Fiscal Impact: The City will receive $352,883 of which $3,774 will be dedicated to Agency staff time for administration and the remaining $349,109 will be for the remediation of the subject site. The EAR program gives the City until December 31, 2013 to expend the funds, therefore the unused fund balance this fiscal year must be carried into FY 2013/2014. This item has no negative impact on the General Fund. Coordinated With: City Manager's Office City Attorney Community Development Department Finance Department Attachments: 1. Resolution 2. Agreement RESOLUTION NO. A RESOLUTION OF THE CITY OF LYNWOOD CITY COUNCIL AUTHORIZING GANNETT FLEMING TO USE THE STATE WATER RESOURCES CONTROL BOARD (SWRCB), EMERGENCY, ABANDONED, & RECALCITRANT (EAR) PROGRAM PHASE II FUNDS IN THE AMOUNT OF $349,109 TO CONTINUE CONDUCTING CORRECTIVE ACTION AT THE PETROLEUM UST SITE LOCATED AT 11600 LONG BEACH BOULEVARD AND AMEND CURRENT AGREEMENT TO REFLECT A TOTAL CONTRACT AMOUNT OF $1,327,438 WHEREAS, the State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs); and WHEREAS, on January 18, 2011, the City approved award funds for a first phase budget in the amount of $999,983 from the EAR program; and WHEREAS, on May, 22, 2011, Gannett Fleming entered into an Agreement with the City to conduct corrective remediation action at said location using $978,329 of the City's awarded EAR Program funds and has worked diligently to stay on schedule making substantial progress in remediating the site; and WHEREAS, on January 15, 2013, the City received notice that the second phase of funding was now available and has been authorized to receive an additional $352,883 for continued remediation efforts; and WHEREAS, the Phase I EAR funds must be expended by September 14, 2013 and the Phase 11 funds must be expended by December 31, 2013; and WHEREAS, in order to continue progress and not delay the remediation project, an amended contract with Gannett Fleming for use of the second phase of EAR funding is needed in order for the funds to be used; and WHEREAS, pursuant to Section 2 ( "Term of Agreement ") of said Agreement, City Manager or City Council may extend the original Agreement if additional EAR funds are awarded the City; and WHEREAS, the amendment will allow Gannett Fleming to continue conducting corrective action at the petroleum UST site located at 11600 Long Beach Boulevard; and WHEREAS, the amended contract will combine the Phase I allocation of $978,329, and a Phase 11 allocation of $349,109 totaling a sum of $1,327,438. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1 . That the City Council hereby approves the amendment of Gannett Fleming's original Agreement approved by this Council and in a form to be approved by the City Attorney to continue conducting corrective remediation action at the petroleum UST site located at 11600 Long Beach Boulevard. Section 2. The City Council directs the Finance Department to make the appropriate adjustment to the budget to reflect the additional $349,109 in EAR funds in Gannett Fleming's contract. Section 3. The City Manager or his designee is hereby authorized to take necessary steps, including the execution of amendments and agreements with Gannett Fleming to undertake duties outlined in the scope of work under the SWRCB Agreement No. 2, subject to the amount appropriated for this purpose of $349,109 and reflect a total amount awarded to date of $1,327,438. Section 4 . This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 5th day of March, 2013. Salvador Alatorre Mayor ATTEST: Maria Quinonez City Clerk Roger L. Haley City Manager APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Sarah Magana Withers Director of Community Development 2 AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT This Amended and Restated Professional Services Agreement ( "Agreement ") is made as of March 5, 2013 by and between the City of Lynwood, a public body, corporate and politic ( "City ") and Gannett Fleming Project Development Corporation and Gannett Fleming ,Inc. (collectively the "Contractor "). Agency and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, on or about March 22, 2011, the City retained Contractor to provide professional consulting and engineering services to investigate and remediate contamination at the property located at 11600 Long Beach Boulevard in the City of Lynwood pursuant to that certain Professional Services Agreement ( "Original Agreement "), as such services are further described therein; WHEREAS, the City desires to continue utilize the services of Contractor as an independent contractor to provide consulting services to City as set forth in the attached Exhibit A; and WHEREAS, Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. WHEREAS, the City wishes to have Contractor continue to provide professional consulting and engineering services, provided Contractor maintains all appropriate contractor licenses and insurance to provide design -build services; and replace the Original Agreement with the terms of this Agreement.. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Contractor's Services. A. Scope of Services The nature and scope of the specific services to be performed by Contractor are to perform services in accordance with the City's contract (Contract No. 10 -667- 550 with the State Water Resources Control Board (the "Board "), as more particularly described in Contract No. 10- 667 -550 -2 on file with the City Clerk's office and in general accordance with the Scope of Work presented in Exhibit A— Scope of Work. Contractor will complete the Scope of Work authorized by the Board within the estimated prices set forth in Exhibit B- Budget Detail and Payment Provisions and the rates set forth in Table 1 - City of Lynwood Rate Schedule. Contractor, as material inducement to the City in entering into this Agreement, represents to City that it is qualified to comply, and at all times while this Agreement is in effect, as may be extended, shall comply with all requirements imposed upon City by the Board, as described in Exhibits A -Scope of Work and B- Budget Detail and Payment Provisions. B. Time of Performance Contractor shall complete services for City in general accordance with the Performance Schedule set forth in Exhibit A. The Performance Schedule is subject to permitting schedules, access agreements, regulatory agency approvals, utility connections and other factors outside the control of Contractor. Contractor will work in good faith toward achieving milestones set forth in the Performance Schedule. Environmental Services Agreement GF Project No. GF Initials: 2. Term of Agreement. The Original Agreement commenced on April 1, 2011 (the "Commencement Date') and, as extended by this Agreement shall terminate on January 31, 2014 (the "Termination Date "), unless sooner terminated pursuant to the provisions of this Agreement. The City Manager may extend the term of the agreement in three month increments with a maximum of 12 months. This Agreement can also be extended by the City Manager or City Council, as applicable, upon award of additional funds to the City under the Emergency Abandoned and Recalcitrant (EAR) Fund. 3. Compensation A. City agrees to compensate Contractor for services under this Agreement in compliance with the schedule and rates set forth in Exhibit B, and Table 1 - City Rate Schedule, except that Contractor is entitled to increases to the listed rates as approved by Board staff and the City. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each Task shown in Exhibit B. City shall endeavor to pay invoices bearing correct and authorized charges within thirty (30) days of the date they are received; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. However, regardless of City warrant procedures, City agrees to pay Contractor within 90 days or receipt of invoice. Except as hereinafter described, City shall not be responsible to Contractor for any additional charges, interest or penalties due to a failure to pay within such period. B. Total payment to Contractor pursuant to this Agreement shall be billed on a cost plus basis as shown on Exhibit A and not exceed One Million Three Hundred Twenty -Seven Four Hundred Thirty- Eight and 00/100 Dollars ($1,327,438.00), which shall be payable as set forth in the Exhibit B Attachments I - III and Table 1 — City Rate Schedule for the Scope of work performed in the attached Exhibit A. CONTRACTOR IS RESPONSIBLE FOR ENSURING CONTRACTOR DOES NOT EXCEED THE CONTRACTED AMOUNT OR GO BEYOND THE EFFECTIVE DATES OF THE AGREEMENT. This agreement can be amended with supplemental authorizations under the EAR Sites program to continue with the remediation. Contractor acknowledges that funding for the services hereunder are subject to the City receiving sufficient EAR Funds to pay all compensation and costs under this Agreement. Should such funding become unavailable, either party may terminate this Agreement, without liability to the other party. However, City agrees to reimburse Contractor for all costs incurred prior to receipt of notification of the lack of availability of further project funding by the EAR program or Board. C. Contractor is further discounting its hourly rates under Table 1 — City Rate Schedule to comport to the maximum allowable rates chargeable under the EAR program. Nevertheless, should the Agency be successful in recovering sufficient funds from Responsible Parties (as defined under the Polanco Act related to the creation of the contamination) to cover Contractors regular rates of $187.00 for Principals of Contractor, Agency shall pay Contractor the difference, as applied to the services performed by such Principals of Contractor under this Agreement, in the amounts available from such recovery, after payment of Agency's litigation costs and expenses. D. Contractor shall only be reimbursed for those expenses which: (i) appear on Contractor's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Contractor to incur such expenses; and (iii) receipts documenting such expenses. Environmental Services Agreement GF Project No. GF Initials: 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit 131 are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control. 5. Addresses. City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: Executive Director Contractor Gannett Fleming Project Development Corporation, Inc. 207 Senate Avenue Camp Hill, PA 17011 Attn: Don Morosky, President Tel: (717) 763 -7270 (Ext. 2232) 6. Exhibits, Tables and Attachments. All Exhibits, Tables and Attachments referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A - Scope of Services Exhibit B — Budget Detail and Payment Provisions including Table 1 — City Rate Schedule Exhibit 131 - General Terms and Conditions Environmental Services Agreement GF Project No. GF Initials: IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY OF LYNWOOD 0 Roger L. Haley, Executive Director ATTEST: M Maria Quinonez, Agency Secretary APPROVED AS TO FORM: M Fred Galante, Agency Counsel CONTRACTOR GANNET FLEMING PROJECT DEVELOPMENT CORPORATION M Don Morosky, Gannett Fleming Project Date Development Corporation Environmental Services Agreement GF Project No. GF Initials: City of Lynwood 10- 667 -55042 Page 1 of 7 Exhibit A Scope of Work 2. Service Overview Contractor agrees to provide to the State Water Resources Control Board (State Water Board) as described herein: Contractor will provide funds to City of Lynwood to investigate and remediate petroleum contamination caused by a leaking petroleum underground storage tank (UST). The services shall be performed for 11600 Long Beach Blvd. Lynwood, CA. The services shall be provided during normal working hours, Monday through Friday, except holidays, seasonal months (weather permitting, etc.). Projects Representatives A. The project representatives during the term of this agreement will be State Water Resources Control Board City of Lynwood ' ''�ennifer Nitta Contract Manager Sara Withers, Project Director Telephone: (916) 341 - 56767370 Telephone: (310) 603 -0220, ext. 317 Fax: (916) 341 -5806 Fax: (310) 631 -7952 E -mail: 4k)einifta@waterboards.ca.gov E -mail: swithers@lynwood.ca.us B. Direct all inquiries to: State Water Resources Control Board Attention: ' ''�ennifer Nitta Division of Financial Assistance P.O. Box 944212 Sacramento, CA 94244-2120 Telephone: (916) 341 - 66767370 Fax: (916) 341 -5806 Attention: Bruno Naulls City of Lynwood 11300 Bullis Road Lynwood, CA 90640 Telephone: (310) 603 -0220, ext 253 Fax: (310) 631 -7952 E -mail: bnaulls @lynwood.ca.gov C. Either party may make changes to the information above by giving written notice to the other party. Said changes shall not require an amendment to this agreement. 3. Scope and Objectives The State Water Board, Emergency, Abandoned & Recalcitrant (EAR) Account Program provides funds to approved regulatory agencies to investigate and remediate contamination caused by leaking petroleum underground storage tanks (USTs). This contract will provide funds to the City of Lynwood to conduct corrective action at the petroleum UST site located at: 11600 Long Beach Blvd., Lynwood, CA 90262 - EAR Site No. R09 -126 City of Lynwood 10- 667 - 55042 Page 2 of 7 Exhibit A Scope of Work The Contractor shall work with the SWRCB to gain access to the site pursuant to Health and Safety Code Chapter 6.75 of Division 20, Article 4, Section 25299.39.3. The Contractor shall assure that the subcontractor leaves the site in a secure and stable condition at the termination of the agreement. The subcontractor shall not retain any responsibilities for activities of the recalcitrant responsible party (RP) or their leaseholder, which may affect the site's conditions at the termination of the agreement, provided that the action was not a direct result of the subcontractors' activities. EAR account funding is authorized in accordance with California Health and Safety Code Chapter 6.75 of Division 20, Article 4, Sections 25299.36, and Article 6, Sections 25299.51 (c)(d)(e) and (h), and 25299.53 and the State, Water Board, Administrative Procedures, Chapter 19, established to implement the statutory provisions. Any costs incurred and payable from the EAR Account shall be recovered by the Attorney General upon request by the State Water Board pursuant to Health and Safety Code Chapter 6.75 of Division 20, Article 7, Section 25299.70. The State Water Board may request the recordation by the County Recorder of a lien. 4. BACKGROUND AND DESCRIPTION OF RELEASE The proposed Lynwood Springs Development is comprised of approximately 6 acres, including a mix of commercial and residential properties. The primary commercial properties include the former "Garfield Express" property at 11600 -11618 Long Beach Boulevard (which comprises five businesses including an active gasoline service station), the Acosta's Restaurant property located at 11700 Long Beach Boulevard, and the U -Haul facility located at 11716 Long Beach Boulevard. The remaining portions of the proposed Lynwood Springs Development include several residences and City -owned right -of -way property associated with Lynwood Road, Lewis Road and Louise Street. Figure 2 illustrates the boundary of the proposed Lynwood Springs Development and the various properties that comprise the Site. The Site is located within the Central Groundwater Basin portion of the Los Angeles Basin, which is located in the northern portion of the Peninsular Geomorphic Province. The geologic units underlying the Site include, shallow Holocene -age surface deposits, the Upper Pleistocene Lakewood Formation (at approximately 85 feet below ground surface (bgs)), the Lower Pleistocene San Pedro Formation (at approximately 300 feet bgs), and the Upper Pliocene Pico Formation (at approximately 1,400 feet bgs). The Site is the location of two documented leaking underground storage tank (LUST) sites, which resulted in significant sail and groundwater contamination, including the presence of widespread free product. The two documented releases include the "Garfield Express" service station located at 11600 Long Beach Boulevard and the U -Haul facility, located at 11716 Long Beach Boulevard. In addition, gasoline service stations were located both on the current Acosta's Restaurant property and the southern portion of the U -Haul property. The dissolved -phase groundwater City of Lynwood 10- 667 - 5504 Page 3 of 7 Exhibit A Scope of Work plume extends over virtually the entire Site and LNAPL contamination appears to be present beneath the previously unexplored areas. A dry cleaner was also historically located on the Site immediately to the north of Louise Street, which resulted in a release of chlorinated VOCs that affected soil and groundwater. The lateral and vertical extent of chlorinated VOCs in soil and groundwater has not been fully defined. Chlorinated VOCs are known to extend onto the U -Haul property to the south of the historical dry cleaner location. The corrective work will include the implementation of a LNAPL recovery program at the Site that will continue to reduce the quantity of LNAPL gasoline and petroleum hydrocarbons while minimizing the associated remedial cost, until such time that a more comprehensive remedial action program is Implemented as part of Site redevelopment activities. . Accordingly, the most cost- effective and preferred method of LNAPL recovery is to reinstate the vapor- enhanced LNAPL recovery system at the Garfield Express property, which broke down due to technical difficulties in June 2005, and to expand the system to include wells located at the U -Haul property. Given the existing infrastructure and equipment at the Site, this option was selected over more costly alternatives (such as multi -phase extraction) as it results in the most efficient and cost - effective means of recovering LNAPL in on -Site wells and meets the LARWQCB's CAO requirement of an "aggressive and active free product removal system." The vapor - enhanced LNAPL recovery system will address the LNAPL present within wells at both the Garfield Express property and the U -Haul property, with the exception of any LNAPL that could be present in the southwestern corner of the U- Haul property based on a ROST investigation conducted in 2007. The LNAPL recovery system will remove free product from the following nineteen eighteen (189) monitoring wells until such time that the free product thickness in the well(s) decreases to such an extent that it is technically impractical to extract LNAPL or until an alternative LNAPL recovery system is implemented as part of the comprehensive remedial action program for the Site: MW -2, MW -3, MW 5, MW -7, MW -8, MW -9, MW -10, MW -11, MW -12, MW -14, MW -15, MW -16, MW -21, MW -22, MW -23, UH -1, EX -1, EX -2, and EX -3. 5. Services to be Performed The Contractor shall be responsible for the performance of the work as described herein, for the preparation of progress reports and a final report as required by the contract. The Contractor shall promptly notify the State Board Project Representative (Uy- Lee Jennifer Nitta of events or proposed changes, which could affect the scope, budget or schedule of work to be performed under this agreement. City of Lynwood 10- 667 -550-42 Page 4 of 7 Exhibit A Scope of Work a) The Contractor shall provide one copy of all subcontracts and amendments negotiated by the contractor for services associated with this agreement, to the Board Project Representative. b) The Contractor shall immediately notify the Board Project Representative and propose an amendment agreement in the event that, for reasons beyond the reasonable control of the contractor or reasons that cannot be anticipated at the execution of the agreement, either the Investigation or corrective action exceeds the scope of the agreement or it becomes apparent that the contractor will be unable to complete the work. The proposed amendment must include the following: 1) Justification for amendment; 2) A description of the investigation or corrective action phase and condition in which the project site shall be left at the termination of the agreement; 3) Appropriate monitoring and sampling schedules; 4) Provisions for contractor oversight of site monitoring; and 5) Recommendations for the completion of the investigation or appropriate corrective action. EAR Account funding is provided to perform the following site specific work: Task 1. Project Setup and Design Document Preparation 1.1 Contract Execution, Project Setup, and Kickoff Meeting 1.2 Finalize Design Documents and Construction Drawings 1.3 Health and Safety Plan Preparation 1.4 Notifications and Permitting Task Products: Executed Contract, Final Design Documents, Health and Safety Plan, Construction Permits. Task 2. LNAPL Recovery System Construction 2.1 Well Installations and Rehabilitation 2.2 Well Vault Installation 2.3 Pump Installation and Wellhead Assembly 2.4 Utility Location and Clearance 2.5 Trenching and Piping 2.6 Soil Segregation and Backfill 2.7 Rehabilitate Existing Equipment 2.8 Construct New Remediation Compound 2.9 Utility Connections 2.10 Construct Well Manifolds 2.11 Install Remediation Equipment 2.12 Start-up Testing City of Lynwood 10- 667 - 5504 Page 5 of 7 Exhibit A Scope of Work 2.13 SCAQMD Start-up Reports Task Products: Remediation System, SCAQMD Start-up Reports. Task 3. On -going Operation, Maintenance, Monitoring, and Reporting 3.1 Operation and Maintenance 3.2 Monitoring and Reporting Task Products: Quarterly remediation progress reports, EAR program documentation. Task 4. Public Outreach and Community Involvement Task Products: Community meeting minutes. Task 5. Project Oversight and Integration Task Products: None. Task 6. Semi - Annual Groundwater Monitoring 6.1 Monitor and sample groundwater monitoring wells per approved regulatory schedule 6.2 Prepare semi - annual groundwater monitoring reports. Task Products: Semi - annual groundwater monitoring reports. Task 7. Site Security, Telemetry System, Contingency Items 7.1 Install site security during system construction to prevent vandalism. 7.2 Install telemetry systems for system operation. 7.3 Contingencies for modifications to system design and implementation (e.g., adding additional LNAPL recovery wells to the system, etc.). Task Products: None. Task 8. City Project Management 8.1 Project management oversight including review of work plans, reports, coordination of field activities. Task Products: None. Task 9. UST Removal 9.1 Excavation and removal of three (3) 10.000 - aallon USTs and associated dispensers and Piping. City of Lynwood 10- 667 - 550-2 Page 6 of 7 Exhibit A Scope of Work 9.2 Soil excavation and disposal, backfill of tank excavation 9.3 Preparation and submittal of a UST closure report. Task Products: UST closure report. Task 10. Ross Compound Repairs 10.1 Replace blower, motor, and burner. 10.2 Obtain SCAQMD Permit to Operate. 10.3 Perform start-up testing. Task Products: SCAQMD Permit to Operate. 6. Schedule of Completion Dates NaturetofWork ;, a Task _ Completion _.-N N a te k Project Setup and Design Document Preparation 1 Aril 2011 LNAPL Recovery System Construction and System 2 April thru Sept start up 2012 On -going Operation, Maintenance, Monitoring, and 3 Monthly July Reporting 2012 through September -2935 December 2013 Public Outreach and Community Involvement 4 March 2011 thru Septei:Fibe 294 1ecember 2013 Project Oversight and Integration 5, March 2011 thru Septembe 2QQ December 2013 Semi - Annual Groundwater Monitoring 6 Semi - annually August 2011, February 2012, October 2012, February 2013, October 2013 Site Security, Telemetry System, Contingency Items 7 septeAabeF 2945 13ecember 2013 City Project Management 8 March 2011 thru septeR+beF 2445December City of Lynwood 10- 667 -55042 Page 7 of 7 Exhibit A Scope of Work Reports A. No later than July 15' and quarterly thereafter, during the tens of this agreement, the Project Director shall provide a written progress report to the Contract Manager describing activities undertaken, accomplishment of milestones, and any problems encountered in the performance of the work under this agreement, and delivery of intermediate products, if any. B. The Project Director shall submit to the Contract Manager for approval the reports containing the results of the work performed in accordance with the schedule in this Exhibit. 2013 UST Removal, Soil Excavation. Disposal and Backfill 9 24431)ecember 2013 Ross Compound Repairs 10 macsq 2OUDecember 2013 Reports A. No later than July 15' and quarterly thereafter, during the tens of this agreement, the Project Director shall provide a written progress report to the Contract Manager describing activities undertaken, accomplishment of milestones, and any problems encountered in the performance of the work under this agreement, and delivery of intermediate products, if any. B. The Project Director shall submit to the Contract Manager for approval the reports containing the results of the work performed in accordance with the schedule in this Exhibit. City of Lynwood 10- 667- 550 -4.2 Exhibit B Page 1 of 4 Budget Detail and Payment Provisions 1. Invoicing A. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State Water Board agrees to compensate City of Lynwood for actual expenditures incurred in accordance with the budget(s) attached hereto: B. Invoices shall include the Agreement Number and shall be submitted in duplicate not more frequently than monthly in arrears to: L4 ." Jennifer Nitta State Water Resources Control Board Division of Financial Assistance, EAR Account Program P.O. Box 944212 Sacramento, CA C. Invoices shall: 1) Be prepared on agency letterhead. If invoices are not on produced letterhead invoices must be signed by an authorized official, employee or agent certifying that the expenditures claimed represent actual expenses for the service performed under this contract. 2) Bear the Contractor's name as shown on the agreement. 3) Identify the billing and /or performance period covered by the invoice. 4) Itemize costs for the billing period in the same or greater level of detail as indicated in this agreement. Only those costs and /or cost categories expressly identified as allowable in this agreement may be reimbursed. 2. Budget Contingency Clause A. It is mutually agreed that if the Budget Act of the current year and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. in this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. C. The State's obligation to make any payments under this contract shall be suspended during such time as the Budget Act covering that fiscal year has not been approved bythe Legislature and signed into law by the Governor. City of Lynwood 10- 667 - 5504 Page 2 of 4 Exhibit B Budget Detail and Payment Provisions 3. Budget See attached Budget Year 1,- and - Budget Year 2 and Budget Year 3 TOTAL BUDGET YEARS 1,aad -2 and 3 : $098 4. Amounts Payable A. The amounts payable under this agreement shall not exceed: $1,327,438 i) $999 the period from the date of approval of this agreement through September44 31 , 2013. B. Reimbursement shall be made for allowable expenses up to the amount annually encumbered commensurate with the state fiscal year in which services are performed and /or goods are received. C. The Contractor must maintain records reflecting actual expenditures for each state fiscal year covered by the term of this agreement. 5. Recovery of Overpayments A. City of Lynwood agrees that claims based upon a contractual agreement or an audit finding and /or an audit finding that is appealed and upheld, will be recovered by the State Water Board via one of the following options: 1) City of Lynwood remittance to the State Water Board of the full amount of the audit exception within 30 days following the State Water Board's request for repayment; 2) A repayment schedule which is agreeable to both the State Water Board and City of Lynwood. B. The State Water Board reserves the right to select recovery option that will be employed and the City of Lynwood will be noted by the State Water Board in writing of the claim procedure to be utilized. C. Interest on the unpaid balance of the audit finding or debt will accrue at a rate equal to the monthly average of the rate received on investments in the Pooled Money Investment Fund commencing on the date that an audit or examination finding is mailed to the City of Lynwood, beginning 30 days after City of Lynwood receipt of the State Water Board's demand for repayment. City of Lynwood 10- 667 - 550-42 Page 3 of 4 Exhibit B Budget Detail and Payment Provisions D. If the City of Lynwood has filed a valid appeal to the State Water Board regarding the report of audit findings, recovery of the overpayments will be deferred until a final administrative decision an the appeal has been reached. If loses the final administrative appeal shall repay, to the State Water Board, the over - claimed or disallowed expenses, plus accrued interest. Interest accrues from the City of Lynwood first receipt of the State Water Board's notice requesting reimbursement of questioned audit costs or disallowed expenses. 6. Timely Submission of Final Invoice A. A final undisputed invoice shall be submitted for payment no more than ninety (90) calendar days following the expiration or termination date of this agreement, unless a later or alternate deadline is agreed to in writing by the program contract manager. Said invoice should be clearly marked "Final Invoice ", thus indicating that all payment obligations of the State under this agreement have ceased and that no further payments are due or outstanding. B. The State may, at its discretion, choose not to honor any delinquent final invoice If the Contractor fails to obtain prior written State approval of an alternate final invoice submission deadline. Written State approval shall be sought from the program contract manager prior to the expiration or termination date of this agreement. Subcontractor Requirements As a requirement of this Agreement (and any amendments thereto), subcontracting is limited to $50,000 or 25% of the total contract, whichever is less. If the total of all subcontracts exceeds the limitation, all subcontracts must be in accordance with the following conditions: A. Subcontract service(s) must be selected by the primary contractor pursuant to a bidding process requiring at least three bids from responsible bidders. A bidding process I not a required when a subcontractor(s) is one of the following entities: Entities excluded from bidding: 1) Another state entity, including: a) A governmental agency from any state (Public Contract Code § 10340) b) A state college or state university from any state. 2) A local governmental entity or agency, including those created as a Joint Powers Authority (JPA) 3) An auxiliary organization of the California State University (CSU), or a California community college 4) The Federal Government 5) A foundation organized to support the Board of Governors of the California Community Colleges, or City of Lynwood 10- 667 - 550-4 Page 4 of 4 Exhibit B Budget Detail and Payment Provisions 6) An auxiliary organization of the Student Aid Commission established under Education code § 69522. B. By signing this Agreement, the Contractor is certifying selection of a non - excluded subcontractor(s) was pursuant to a bidding process requiring at least three bids from responsible bidders. C. In the event subcontracted service(s) cannot be selected through the bidding process as described in paragraph A above the contractor then must submit to the State Water Board: in advance name(s) of the subcoptractor(s),.services being provided, an explanation outlining the subcontractor(s) unique qualifications that qualified them to be selected through a non competitive bid process, and the number of contracts awarded to them by the primary contractor in the last twelve months. D. The State Water Board will only pay overhead charges on the first $25,000 for each subcontract. E. Subcontracted services must be disclosed in the line item budget. City of Lynwood 10- 667 -550 Exhibit B Attachment 1 Budget — Year 1 (March 15, 2011 through March 14, 2012) , Total- 6*6taf€Gosts -------------------------------= - - - - -- - $ 47;4f10 Contractor will be reimbursed for services satisfactorily performed based on the following rate schedule: Staff I of Hours Wage Total Progmt rMenager-- Brunof4aWis — 296- --- ---- --- $7s------- = - - - -- $45346 {Project Hirec for —Bam V * hers------ 20----------- $93------------- $t88ft Hourly rates include costs for fringe benefits. Total Professional Consulting & Services `Sub- contracted Professional Consultino & Services Project Set up and Design Preparation Install of LNAPL Extraction Wells Trehching and Piping for Remediation System. Remediatiori Compound Rehabilitation and construction . Of new Treatment system Remedial Systems installation and System Start-ups System Operation and Maintenance x 10 months Community Outreach Project Oversight/Integration Semi - Annual Ground Water Monitoring. Site Security, Telemetry System Sub- contracted Sampling Services: Cost per Analysis Sample EPA 8015 Water $ 40.00 EPA 8260 Water $ 65.00 EPA 8260 Soil $ 65.00 EPA 8021 BTEX, MTBE $ 40.00 Indirect Costs 5904,118 $ 33,282 $ 83,357 ' $ 214,822 $ 140,141 $ 125,947 $ 212,740 $ . 6,718 $ 15,000 $ 22,111 $ 50,000 $ 660 TOTAL ESTIMATED BUDGET YEAR 1: $42k'47$$904,118 City of Lynwood 10- 667 - 55042 Page 1 of 1 Exhibit B Attachment II Budget - Year 2 (March 15, 2012 through 88P t8FAbeF 14, 294 ;March 14, 2013 TBLaf CTt ti SfaffLTosTs - $ - 3 - ,47& Contractor will be reimbursed for services satisfactorily performed based on the following rate schedule: Staff of Hours Wage Total +iragranrflAaneger Brrxro�Jaalls 38 ------- ---- $75 ----- -- - - - -- $ 2,99* t roject0Irector=9 ara tldittrers 8 ------ ----- $n ----------- $ - - T4zr Hourly rates include costs for fringe benefits. $ 40.00 Total Professional Consulting & Services $ 74,211 Sub- contracted Professional Consultino & Services - $ 65.00 System Operation and Maintenance x 2 months $ 42,548 Project Oversighdlntegration $ 6,980 Semi - Annual Ground Water Monitoring. $ 22,111 Site Security, Telemetry System $ 2,672 Sub - contracted Sampling Services TOTAL ESTIMATED BUDGET YEAR 2 $- 7-,805$74,211 Cost per Ana lysis Sample EPA 8015 Water $ 40.00 EPA 8260 Water $ 65.00 EPA 8260 Soil $ 65.00 EPA 8021 BTEX, MTBE $ 40.00 Indirect Costs $ 116 TOTAL ESTIMATED BUDGET YEAR 2 $- 7-,805$74,211 City of Lynwood 10- 667 - 5504 Page 1 of 1 Exhibit B Attachment 111 Budget —Year 3 (March 15. 2013 through December 31, 20131 TetafGitt- StaffG osts -------------------------------------------------- -3 - Contractor will be reimbursed for services satisfactorily performed based on the following rate schedule: staff of Hours Wage Total Hourl rates include costs for fringe benefits. Total Professional Consultina & Services $349,139 Sub - contracted Professional Consulting & Services: System Operation and Maintenance $120,000 Ross Compound Repairs 6.00 Project Oversightlintegration 8,000 Semi - Annual Ground Water Monitoring 45139 UST Removal 170,000 TOTAL ESTIMATED BUDGET YEAR 3 - 358983 $349,139 Table 1 - City Rate Schedule City of Lynwood 2011 Rate Schedule GFPDC /GFI Labor Classifications Unit Price GFPDC /GFI Labor Classifications Unit Price Principal $187 /hr Sr. Engineer/Geologist $112/hr Sr. Project Manager $130 /hr Project Engineer/Geologist $87 /hr Project Manager $128/hr Field Technician $75 /hr CAD Operator/Designer $75 /hr / $ 96 /hr Project Coordinator $90 /hr Other Direct.Char es /Reimbursable Expenses Unit Price Personal Vehicle- Mileage Prevailing IRS Rate Rental Vehicle- Daily Cost $90/day +fuel Subcontractor Services $Actual cost + 15% Expendable Materials $Actual cost + 10% Travel Expenses $Actual cost Capital Equipment Purchase /Rental Agreement Basis + 15% Equipment/Materials Unit Price Equipment/Materials Unit Price Level D H &S Kit $28/day Tubing $2/ per ft PID /FID ($/day/week $100 day/$250 wk Air Pump $75/ per da Oil/Water Interface probe $50/day Ma nehelic Gauges $50 /each Water Level Indicator $1 0/day DO,ORP, h meter $125/da LADHS Well permits $205/ per boring Per Diem $125/da Flow-through cell $100/per day Digital Camera $25/da Flagging Tae $5 /roll Encore Soil Sampling $20/ per sample Caution Tae $30 /roll Air Sampling Kit $30 day/$60/wk Other Equipment and Materials Cost + 12% Laboratory Sample Analysis Unit Price Laboratory Sample Analysis Unit Price 8015 Gasoline $20 6010 Lead $12 8015 Diesel $24 TO3 TVPH as Gasoline $75 8015 Full range C5 -C40 $48 TO15 -1 Air Analysis) $200 8021 BTEX $25 Summa Canister $50 8260 VOC's & Oxygenates) $60 Flow Controller $25 8260 VOC's & Oxygenates & Ethanol $68 Others + 10% TBD Notes: 1 Standard TAT for laboratory analysis tests is 5 to 7 working days. Surcharges will apply for any expedited TAT. Surcharges are applied as follows: < 24 hours = +200% Next Business Day = +100% 2 Business Days = +50% 3 Business Days = +25% 4 Rate Schedule applies to services performed throughout the term of this Agreement End of Exhibit B Environmental Services Agreement GFPDC Project No. Page 5 of 11 GFPDC Initials: EXHIBIT B1 GENERAL TERMS AND CONDITIONS Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no powerto incur any debt, obligation, or liability on behalf of City orotherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. Consultant shall use its professional technical judgment and resources available to assist City in obtaining required permits. Nothing in this Agreement shall be construed as a guarantee that Consultant can cause a permit(s) or permit condition(s) to be granted or further City's business goals. The City Manager or his /her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A. However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager or his /her designee. B. The City Manager or his designee, shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder. 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. B. City and its respective elected and appointed boards, officials, officers, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consultant or any other Environmental Services Agreement GFPDC Project No. Page 6 of 11 GFPDC Initials: person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss to the extent caused by the Consultant's negligent performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractors, subconsultants or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City. 4. Insurance. A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below: (i) Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the preceding subsection. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. (iii) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $500,000 per accident for all covered losses. (iv) Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of Environmental Services Agreement GFPDC Project No. Page 7 of 11 GFPDC Initials: the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy (ies) as to commercial general liability and automotive liability. C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than A: VII. D. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' priorwritten notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement ". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Consultant. 7. Conflict of Interest. Environmental Services Agreement GFPDC Project No. Page 8 of 11 GFPDC Initials: A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. 8. Termination. This agreement may be terminated at any time by the City with or without cause. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 11. Non - Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and Environmental Services Agreement GFPDC Project No. Page 9 of 11 GFPDC Initials: regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out -of -state corporation or LLC, it must be qualified or registered to do business in the state of California pursuant to sections 2105 and 17451 of California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 16. Non - Waiver of Terms, Rights and Remedies. Environmental Services Agreement GFPDC Project No. Page 10 of 11 GFPDC Initials: Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the appropriate officer of the City as set forth in subsection 6 -3.1 et seq. of the Lynwood Municipal Code and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Environmental Services Agreement GFPDC Project No. Page 11 of 11 GFPDC Initials: AGENDA STAFF REPORI DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Fred Galante, City Attorney Jonathan Colin, Director of Development Services, SUBJECT: Garage Conversion Inspections Recommendation: Staff recommends that the City Council receive and file this report. Background: Improper and unpermitted garage conversions adversely affect the lives of those living at or around properties with garages converted to habitable spaces. Illegal garage conversions have greatly contributed to problems of inadequate street parking, excessive trash and excessive use of utilities. Discussion & Analysis: The City has implemented various programs to address the ongoing issue of illegal garage conversions within the City. Such regulations include imposing penalties to property owners with documented history of repeat violations of garage conversions. On average, the fee resulting from a garage conversion is $450, and up to $1,000 per violation per day for repeat offenders. In addition to assessing fees, Code Enforcement staff participates in the Franchise Tax Board's Substandard Housing Program by recording a Notice of Noncompliance for each substandard property with the Registrar Recorder; substandard properties are filed with the Franchise Tax Board. This program is geared towards assisting local agencies in abating unsafe living conditions. Through the program, the Franchise Tax Board disallows interest, taxes, amortization, and depreciation deductions pursuant to California Revenue and Taxation Code Sections 17274 and 24436.5 relating to substandard property. AGE ITEM ] I On March 1, 2011, the City Council voted to adopt a pilot residential parking permit district, however, the pilot program did not pass, instead, Council made various recommendations, to include painting every comer red, inspect all garages, however, the motion to approve did not pass, instead, it was voted that the item would be brought back to Council with options. On March 15, 2011, staff presented an item for City Council consideration in response to requests by Council that Code Enforcement focus solely on garage conversions. Council voted to approve the hiring of two part time Code Enforcement Officers to implement a "door to door" garage conversion pilot program. On May 3, 2011, the City Council approved an amendment to the FY11 adopted budget to increase funding for additional temporary part time Code Enforcement Officers to focus on removing and preventing illegal garage conversions. Thereupon, Enforcement staff concentrated their efforts in identifying garage conversions. On December 27, 2011, the City received complaints from residents regarding the door to door garage conversion program. Specifically, residents challenged that it was illegal for enforcement staff to go door to door, and enforcement reverted to a complaint based enforcement. Although physical inspections where the owner /tenant does not consent to the inspection require a court order, with supporting probable cause related to violations, requesting voluntary inspection is generally not illegal so long the owner /tenant is given the right to refuse the inspection. The following table provides an overview of the part time Officer's findings from April — December 2011: Total inspections conducted 649 Total Garage Conversions 91 (14 %) Garage Deconversion Permits issued 75 Substandard Property Registration 42 At present, the garage conversion inspections have continued to be based on complaints received. Originally, the part time Officers which are subject and limited to the PERS- 1000 hour rule were used specifically for this purpose. However, because of the loss of one full time officer to Business Licensing, staff has had to utilize this part-time position to cover open and existing cases left behind by the transition. Fiscal Impact: None associated with this staff report. Coordinated with: Finance Department City Attorney 2 Attachments: - March 1, 2011 agenda staff report - March 15, 2011 agenda staff report - May 3, 2011 agenda staff report - Citizen complaint ATTACHMENT A A GENDA RE s rVe,- DATE: March 1, 2011 TO: - -,_ Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manager PREPARED BY: Robert S. Torrez, Assistant City Manage Lorry Hempe, Budget and Intergovernmental Affairs Manager SUBJECT: Reconsideration of the Adopted Pilot Residential Parking Permit Districts Recommendation: Staff is requesting that the City Council review the policy options included in this report and provide staff direction. Background: On January 4, 2011 the City Council approved the following actions 1) approved two Residential Parking Permit Districts (RPPD), Area 1 RPPD and Bradfield Avenue RPPD; 2) adopted parking permit fees and penalties; and 3) established a system of policies and procedures for the implementation and enforcement of the RPPDs. At the February 15, 2011 City Council Meeting, residents approached the City Council during public orals in opposition and some in support of the pilot program. The purpose of this item is to provide the City Council an opportunity to reconsider the establishment of the RPPDs, the adoption of permit fees, and the system of policies and procedures for the RPPDs. Discussion & Analysis: California Vehicle Code (CVC) Section 22507 authorizes cities, by ordinance or resolution, to prohibit or restrict parking of vehicles during all or certain hours of the day. Cities may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants for their use and use of their guests. California Vehicle Code Section 22507.5 authorizes cities, by way of an ordinance or resolution, to prohibit or restrict the parking or standing of vehicles on certain streell okWENDA ITEM Z5 highways between the hours of 2 a.m. and 6 a.m., CVC Section 22507.5 also authorizes the establishment of a system of permits for the purpose of exempting from the prohibition or restriction disabled persons, residents and guests of residents of residential areas, including, but not limited to, high - density and multiple - family dwelling areas, lacking adequate off street parking facilities. Following the City Council's adoption of Resolution No. 2011.001 and Resolution No. 2001.002, staff started to implement the program and answer questions from residents. The City received 71 calls and in person visits since the City Council reviewed the staff report in mid October 2010. The feedback received from residents range from support, opposition, or just general queries on the program. Including comments from residents at the February 15, 2011 Council Meeting, below is a summary list of concerns: 1) Having to pay for parking permit tees since they already pay for taxes. 2) Inability to pay for parking permit fees because of personal economic hardship. 3) Requiring additional parking permits in excess of 2 parking permits since they park more than 2 cars on the streets. 4) Neighborhood block does not have parking problems. 5) Residence lacks a driveway or the garage is accessible from the alley which is unpaved and unsafe to access at times. 6) Reality of the parking needs of large families. 7) Inability to purchase temporary parking permits in the weekend. 8) Concerns about the garage conversions. 9) Too many persons living in a home. Too many vehicles per household. 10) Blocking the driveways. 11) Cannot place trash bins in the street because of cars. 12) Emergency vehicles cannot navigate the streets because of overcrowding. 13) Cars are parked for several days without moving. There is a demand for curb parking in the City. Unfortunately for some neighborhoods, the demand exceeds supply. Overcrowding places an undue burden on the City's infrastructure. The RPPD is a way for the City to manage its infrastructure, equitably allocate available curb parking among housing units and preserve neighborhoods for the short term or long term from parking impacts. Although, not a guarantee under the RPPD, limiting the number of permits to two per home gives residents a greater opportunity of finding a convenient parking space in front of their home or adjacent to their home. The typical length of curb space in front of a residence is about 33 feet. A typical vehicle length is 12 -18 feet. An existing driveway allows clearance for a vehicle to drive safely in or away from the curb space. Three or more cars parked in front of a residence would block the driveway approach preventing ingress and egress in front of the person's home and possibly the neighboring driveway approach. In neighborhoods other than at the established RPPDs, one can park even 5 or 7 vehicles on the street without utilizing his or her garage or driveway. This can create disharmony among neighbors. The pilot 2 RPPDs as adopted would enable the City to test the feasibility of a residential parking permit program, measure performance, and fix program shortcomings to improve efficiencies prior to a citywide implementation. The permit fees covers some of the cost of program implementation, otherwise the program cost would be fully subsidized by other sources of funds. Staff acknowledges that changing the parking patterns of our residents is a significant shift in a person's daily life. Not all neighborhoods are impacted by parking problems, some more than others. The RPPD is a way to preserve neighborhoods and set parking standards citywide for the long term. However, an RPPD alone would not fix all the traffic and parking challenges neighborhoods may face. It requires a comprehensive approach of residents taking ownership of their neighborhoods; vehicle owner compliance with existing laws; and development and enforcement of sound zoning, parking and traffic policies. For these reasons, staff recommends that Council approve the deferral of the pilot program to allow staff to review issues raised at the February 15 Council meeting and the February 24 citizen sponsored town hall meeting and, perhaps, identify other alternatives. Below are some policy options for the City Council's consideration. Maintain the status quo by upholding Resolution No. 2011.001 and Resolution No. 2011.002 on the adoption of the two RPPDs and all the provisions contained in the resolutions. (Attachment A and Attachment B). Defer the implementation of the pilot parking permit program. Set a public hearing on April 5, 2011 to consider changes to the Residential Parking Permit Pilot Program: a. Administratively refrain from charging the $50 permit fee and allow residents to apply for up to 2 residential parking permits per home at no cost. b. Administratively refrain from charging the $50 permit fee and allow residents to apply for one additional parking permit that can be moved from vehicle to vehicle, at a cost of $30 for each permit. C. Administratively refrain from charging the $50 permit fee and allow residents to apply for two additional parking permits that can be moved from vehicle to vehicle, at a cost of $30 for each permit for residents whose single - family home have no driveway and /or garage. Before a third or a fourth permit is issued, staff have to verify that the residence lacks a garage or a driveway not otherwise caused by an illegal conversion. Staff can also consider, in issuing a third or fourth oermit to a residence. if there exist conditions where aaraaes are only accessible through an alley and accessing the alley poses a problem. Allow an apartment unit to apply for one parking permit per housing unit at no cost. e. Change the time for restricted parking in Area t RPPD from the adopted hours of 2am to 6am instead to 5pm to 6am, to enable residents to park in front or near their houses at the end of the work day, or at another designated times. Fiscal Impact: The fiscal impact will vary based on the option selected. Under Option #1, based on 1,000 permits issued at $50 per permit as adopted under Resolution No. 2011.001 and Resolution No. 2011.002, the permit fees adopted on January 4, 2011 would have generated $50,000 to cover some of the $299,976 estimated first year cost of the program. Staff anticipated using revenues from the parking citations to cover the remaining cost. Under Option #4, based on 400 permits issued for the 3` permit at a cost of $30 per permit, this would generate $12,000 revenues to cover some of the cost of the program. Coordinated With: City Attorney Public Works 4 t . RESOLUTION NO. 2011.001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADOPTING A PILOT RESIDENTIAL PARKING PERMIT PROGRAM, ESTABLISHING THE AREA 1 RESIDENTIAL PARKING PERMIT DISTRICT TO PROHIBIT PARKING IN THE PILOT AREA FROM 2 A.M. TO 6 A.M. UNLESS A PARKING PERMIT IS PURCHASED AND DISPLAYED, ESTABLISHING A SYSTEM OF POLICIES AND PROCEDURES TO REGULATE ISSUANCE OF PARKING PERMITS AND ADOPTING FEES AND FINES WHEREAS, staff has received innumerable complaints from residents with regard to parking availability such as, but not limited to, lack of on- street parking, unavailability of parking directly in front of residents' homes, difficulty getting in and out of driveways, residents parking multiple cars on streets, storage of inoperable vehicles on the street, narrowing of roadway, and restricted parking access to public buildings, hospitals and businesses; and WHEREAS, according to the 2007 Southern California Association of Government (SCAG) Regional Housing Needs Assessment, 54.6% of the total households in the City experience overcrowding; and WHEREAS, overcrowding places a strain on housing units and the delivery of public services, eventually contributing to the deterioration of the housing stock and neighborhoods, and WHEREAS, illegal garage conversions add to the overcrowding problem and parking congestion; and WHEREAS, the City Council of the City of Lynwood recognizes the serious adverse effects caused by overcrowding and the need to provide relief to residents from parking congestion; and WHEREAS, California Vehicle Code section 22507.5 authorizes cities, by way of an ordinance or resolution, to prohibit or restrict the parking or standing of vehicles on certain streets or highways between the hours of 2 a.m. and 6 a.m.; and WHEREAS, California Vehicle Code Section 22507.5 also authorizes the establishment of a system of permits for the purpose of exempting from the prohibition or restriction disabled persons, residents and guests of residents of residential areas, including, but not limited to, high- density and multiple- family dwelling areas, lacking adequate off street parking facilities; and WHEREAS, 7- 29.5(b) of the Lynwood Municipal Code provides the City Manager the authority to establish locations for the Residential Parking Permit District; and WHEREAS, at the October 19, 2010 City Council meeting, the City Council gave staff direction to prepare a resolution or ordinance for the Council's consideration to establish a small -scale pilot Residential Parking Permit Program to restrict parking in certain areas of the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby establishes the Area 1 Pilot Residential Parking Permit Program (RPPD) to prohibit the parking of any vehicle between the hours of 2 a.m. and 6 a.m. within the areas described below unless a valid residential parking permit is purchased and displayed on each vehicle at all times in accordance with the general rules set forth below. Consistent with Vehicle Code section 22507, the parking restrictions established under this Resolution shall not be in effect until the City places signs or markings providing notice of these restrictions. The RPPD is the area bounded by the streets and address range below. All streets located within the RPPD will be subject to the rules of this Resolution. a. East of Bullis Road — Carlin Avenue to the 1 -105 Fwy (12300 block to 11600 block) b. North of Carlin Avenue — Bullis Road to Atlantic Avenue (3700 block to 4300 block) c. West of Atlantic Avenue — Carlin Avenue to the 1 -105 Fwy (12300 block to 11600 block) d. South of the Interstate 105 Fwy — Bullis Road to Atlantic Avenue Section 2. The following rules and regulations will apply to the RPPD A. General rule There shall be no parking of any vehicle on streets located within the RPPD between the hours of 2 a.m. and 6 a.m., unless a valid and unexpired residential parking permit for the Area 1 RPPD purchased from the City ( "City Parking Permit ") is displayed on each vehicle in accordance with the requirements set forth below. Vehicles not properly displaying a City Parking Permit shall be subject to fines, tow, impound or other penalties pursuant to Section 6 below. B. Exemption of certain vehicles oermit display No person shall, without a properly displayed City Parking Permit park, stop or leave standing any motor vehicle within the RPPD between the hours of 2 a.m. and 6 a.m., except for the following: i. Otherwise lawfully parked repair, service, maintenance, refuse, utility, fuel, delivery or City vehicles parked for reasonable amounts of time while conducting business in the RPPD. ii. Sheriffs vehicles and other public safety or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties. iii. Otherwise lawfully parked motor vehicles indentified as used by disabled persons meeting requirements of Section 22511.5 of the California Vehicle Code and displaying the disabled plate or placards. ii. The proper display of City Parking Permits shall require the permit to be affixed to the inside lower left comer of the rear windshield of the parked vehicle in a manner that is clearly visible to City Parking Enforcement personnel. iii. Exemptions from the parking rules shall apply only as to the areas designated for parking by vehicles property displaying a City Parking Permit. City Parking Permit holders shall not be exempt from other traffic controls and regulations existing in the designated parking district. iv. The City will not enforce the Area 1 RPPD on the following holidays: Independence Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve and New Year's Day. v. A maximum of two (2) City Parking Permits may be issued per residence. C. City Parking Permit Aoolications Each applicant applying for a City Parking Permit must: 1. Complete a City Parking Permit application. 2. Pay a City Parking Permit fee as established by the fee schedule listed below. 3. Provide proof of vehicle registration per vehicle. 4. Provide proof of a valid California driver's license. 5_ Provide proof of residence. 6. Provide additional information as directed by the City Manager or his designee. D. City Manager Authority The City Manager, or his designee, has the right to refuse or revoke any parking permit application in his /her discretion. E. Guests/Temporary Parking Permits Temporary parking permits will be available to purchase for residents who have guests and will be available at 1 -day, 7 -day or 14-day interval options. 1. Each household can purchase up to a maximum of: one 14-day temporary permit, two 7 -day permits or five 1 -day permits per month. 2. Temporary parking permits can be purchased in accordance with the fee schedule below. 3. Temporary parking permits are not transferrable among vehicles. Section 3. The City Manager or his designee is authorized to establish additional procedures and policies and amend the general rules and regulations listed above to implement the pilot residential parking permit program. Section 4. The following fee schedule and fines will apply to all parking permits: 1. Residential parking permit initial issue $50 per year 2. Residential parking permit for a Recreational Vehicle $150 per year (RV) 3. Replacement for lost, stolen or damaged Residential $5 each Parking Permit 4. Late Payment for Parking Permit after 21 days of due $10 date 5. Temporary or Guest Parking Permit fees: 14 -Day Permit fee $10 each 7 -Day Permit fee $5 each 1 -Day Permit fee $3 each 6. Fine or penalty for failing to display a residential $53 parking permit 7. Items not listed may be charged based on the $71.43 per hour calculated hourly rate(s) for the department involved. Items of unusual size or complexity may also be charged based on hourly rates, subject to advance determination of the City of the estimated time required for the effort Section 5. Motor vehicles in violation of this resolution shall be subject to citation and a fine of $53 for each violation of the RPPD. In addition, motor vehicles may be subject to tow and impound for the third violation of the RPPD towed or impounded and assessed applicable fees and penalties therefore pursuant to the City's adopted fee resolution. Nothing in this Resolution shall prevent the City from issuing citations or otherwise taking enforcement action for other parking violations. Section 6. The pilot Residential Parking Permit program will commence on March 1, 2011 or at a later designated date and sunset one year from commencement date. Section 7. The City Council finds that this project is exempt from the provisions of the California Environmental Quality Act ( "CEQA"), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the restriction will have a significant effect on the environment. Section B. The City Council approves the appropriation of $61,450 from the unappropriated General Fund to Parking Enforcement (1011.30.515). An estimated revenues of $45,125 is anticipated to cover a portion of the appropriation for FY 11. Section 9. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this a day of January, 2011. C (�. t !V Aide Castro, Mayor c ATTEST: Maria Quinonez, City Clerk /, tana APPROVED AS TO FORM: Fred Galante, City Attorney STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) APPROVED AS TO CONTENT: Robert S. Torrez, Assistant Pty Manager C/ 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 4th day of January, 2011. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ. SANTILLAN, MORTON AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) 1, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2011.001 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of January, 2011. Maria Quinonez, Cii� Clerk RESOLUTION NO. 2011.002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA ADOPTING A PILOT RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT (RPPD) TO PROHIBIT PARKING ON BRADFIELD AVENUE FROM AGNES AVENUE TO CARLIN AVENUE AT ALL TIMES UNLESS A PARKING PERMIT IS PURCHASED AND DISPLAYED; ESTABLISH A SYSTEM OF POLICIES AND PROCEDURES TO REGULATE THE ISSUANCE OF PARKING PERMITS, AND ADOPT FEES AND FINES WHEREAS, California Vehicle Code Section 22507 permits a City to designate certain streets upon which preferential parking privileges may be provided to residents and merchants situated adjacent to such streets for their use and the use of their guests; and WHEREAS, certain residents on Bradfield Avenue have approached City staff of the adverse effects caused by motor vehicle congestion by non- residents of the neighborhood; and WHEREAS, in order to protect and promote the integrity of the Bradfield Avenue neighborhood it is necessary to adopt parking regulations restricting the parking by non - residents while providing the opportunity for residents to park near their homes; and WHEREAS, 7- 29.5(b) of the Lynwood Municipal Code provides the City Manager the authority to establish locations for the Residential Parking Permit District; and WHEREAS, at the October 19, 2010 City Council meeting, the City Council gave staff direction to prepare a resolution or ordinance for the Council's consideration to establish a small -scale pilot Residential Parking Permit Program to restrict parking in certain areas of the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY RESOLVES AS FOLLOWS: Sectlon 1. The City Council hereby establishes the Bradfield Avenue Residential Parking Permit Program (RPPD) to prohibit the parking of any vehicle on Bradfield Avenue from Agnes Avenue to Carlin Avenue unless a valid residential parking permit is purchased and displayed on each vehicle at all times in accordance with the general rules set forth below. Consistent with Vehicle Code section 22507, the parking restrictions established under this Resolution shall not be in effect until the City places signs or markings providing notice of these restrictions. Section 2. The following rules and regulations will apply to the pilot RPPD on Bradfield Avenue from Agnes Avenue to Carlin Avenue: A. General rule There shall be no parking of any vehicle on streets located within the Bradfield Avenue RPPD at any time, unless a valid and unexpired residential parking permit for the Bradfield Avenue RPPD purchased from the City ( "City Parking Permit ") is displayed on each vehicle in accordance with the requirements set forth below. Vehicles not properly displaying a City Parking Permit shall be subject to fines, tow, impound or other penalties pursuant to Section 6 below. B. Exemption of certain vehicles: permit display 1. No person shall, without a properly displayed City Parking Permit park, stop or leave standing any motor vehicle in a RPPD in excess of the parking restrictions authorized pursuant to this Resolution except for the following: a. Otherwise lawfully parked repair, service, maintenance, refuse, utility, fuel, delivery or City vehicles parked for reasonable amounts of time while conducting business in the RPPD. b. Sheriff's vehicles and other public safety or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties. c. Otherwise lawfully parked motor vehicles identified as used by disabled persons meeting requirements of Section 22511.5 of the California Vehicle Code and displaying the disabled plate or placards. 2. The proper display of City Parking Permits shall require the permit to be affixed to the inside lower left corner of the rear windshield of the parked vehicle in a manner that is clearly visible to City Parking Enforcement personnel. 3. Exemptions from the parking rules shall apply only as to the areas designated for parking by vehicles properly displaying a City Parking Permit. City Parking Permit holders shall not be exempt from other traffic controls and regulations existing in the designated parking district. 4. The City will not enforce the Bradfield Avenue RPPD on the following holidays: Independence Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve and New Year's Day. 5. A maximum of two (2) City Parking Permits may be issued per residence. C. City Parking Permit Applications Each applicant applying for a City Parking Permit must: 1. Complete a City Parking Permit application. 2. Pay a City Parking Permit fee as established by the fee schedule listed below. 3. Provide proof of vehicle registration per vehicle. 4. Provide proof of a valid California driver's license. 5. Provide proof of residence. 6. Provide additional information as directed by the City Manager or his designee. D. City Manager Authority The City Manager, or his designee, has the right to refuse or revoke any parking permit application in his /her discretion. E. Guestsfremporary Parking Permits Temporary parking permits will be available to purchase for residents who have guests and will be available at 1 -day, 7 -day or 14-day interval options. 1. Each household can purchase up to a maximum of: one 14 -day temporary permit, two 7-day permits or five 1-day permits per month. 2. Temporary parking permits can be purchased in accordance with the fee schedule below. 3. Temporary parking permits are not transferrable among vehicles. Section 3. The City Manager or his designee is authorized to establish additional procedures and policies and amend the general rules and regulations listed above to implement the pilot residential parking permit program. Section 4. The following fee schedule and fines will apply to all parking permits: 1. Residential parking permit initial issue $50 per year 2. Residential parking permit for a Recreational Vehicle $150 per year (RV) 3. Replacement for lost, stolen or damaged Residential $5 each Parking Permit 4. Late Payment for Parking Permit after 21 days of due $10 date 5, Temporary or Guest Parking Permit fees: 14 -Day Permit fee $10 each 7 -Day Permit fee $5 each 1 -Day Permit fee $3 each 6. Fine or penalty for failing to display a residential $53 parking permit 7. Items not listed may be charged based on the $71.43 per hour calculated hourly rate(s) for the department involved. Items of unusual size or complexity may also be charged based on hourly rates, subject to advance determination of the City of the estimated time required for the effort Section 5. Motor vehicles in violation of this Resolution shall be subject to citation and a fine of $53 for each violation of the Bradfield Avenue RPPD. In addition, motor vehicles may be subject to tow and impound for the third violation of the Bradfield Avenue RPPD towed or impounded and assessed applicable fees and penalties therefore pursuant to the City's adopted fee Resolution. Nothing in this Resolution shall prevent the City from issuing citations or otherwise taking enforcement action for other parking violations. Section 6. The pilot Residential Parking Permit program will commence on March 1, 2011 or at a later designated date and sunset one year from commencement date, or such longer or shorter time as determined by the City Council. Section 7. The City Council finds that this project is exempt from the provisions of the California Environmental Quality Act ( "CEQA "), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the restriction will have a significant effect on the environment. Section 8. This Resolution shall be effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4 th day of January, 2011. Cas Ai a tro, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney / I Roger - ity Manager APPROVED AS TO CONTENT: Robert S. Torrez, ant 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 regular meeting held on the 4 day of January, 2011. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSENT NONE ABSTAIN: NONE NO STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2011.002 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4 day of January, 2011. aria Quinonez, City Clerk ATTACHMENT B r RE POR T DATE: March 15. 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag64 PREPARED BY: Jonathan Colin, Director of Development Services, SUBJECT: Code Enforcement Division Recommendation: Staff recommends that the City Council review this report and provide direction. Background: Staff was asked to include this item on the agenda for Council's consideration, in response to suggestions that Code Enforcement staff focus solely on garage conversions and apartment unit issues. Discussion & Analysis: Code Enforcement Officers must ensure compliance with certain policies, codes, rules, regulations, and permits in a proper, timely fashion within the limits of the law. In order to facilitate enforcement, the Division divided the City into 7 Areas. Each Officer is responsible for the parcels included within each specific enforcement area. There are 374 apartment units in the city. Zoning :Total `.` 'Zoni'ng's _ Totai CB -1 129 R -1 4,824 1;189 -: -f C -3 295 R -3 2,143 0 ,223:. ,.• I�LTL' Table 2 —Parc el Distribution I °.Numbecof' -' . % s Parcels - n 1 1,527 3 1,686 q,, r 5 1,305 - LL �:.; 2,095- •_ 7 1,357 Zoning :Total `.` 'Zoni'ng's _ Totai CB -1 129 R -1 4,824 1;189 -: -f C -3 295 R -3 2,143 0 ,223:. ,.• I�LTL' Table 2 —Parc el Distribution I LMC Section 20.28 -1 requires a business license for apartment houses of 4 units or more. Business License records show that there are 374 apartment units within the City. At present, Code Enforcement staff enforces code violations regardless of zoning or occupancy types. In FY 2010, the Code Enforcement Division opened 622 Cases, and 557 cases have been opened for FY 2011. Revenues generated by the Code Enforcement Division have increased since the Division was transferred to the Development Services Department in 2009. Staff considers that reducing the scope of enforcement to apartments and garage conversions alone may reduce the revenue generated by the Division, and may create quality of life issues; unattended violations may have an adverse effect on the quality of life of Lynwood residents. Fiscal Impact: Reducing the scope of enforcement to apartments and garage conversions may reduce the revenue generated by the Division. Coordinated With: City Manager Finance Department City Attorney ATTACHMENT C EEO AGENDA STAFF REPORT DATE: May 3, 2011 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Manag6&?_� PREPARED BY: Robert S. Torrez, Assistant City Manager Alfredo J. Lopez Ill, Director of Human Resources SUBJECT: Approval to Amend the FY 11 Adopted Budget to Increase Funding for Additional Temporary Part-time Parking and Code Enforcement Officers Recommendation: Staff recommends that the City Council amend the FY 11 adopted budget and approve the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO INCREASE THE FUND APPROPRIATION OF CODE ENFORCEMENT AND PARKING ENFORCEMENT TEMPORARY PART -TIME STAFFING." Background: Currently, in the Department of Development Services, the Code Enforcement Division consists of one full -time Development Services Manager, seven full -time Code Enforcement Officers, and a temporary part-time budget of $22,000. The Parking Enforcement Division, with the Department of Finance and Administration, consists of one full -time Parking Control Manager, six full -time Parking Control Officers, and a temporary part-time staffing budget just under $69,000. After the Council's elimination of the Parking Permit Pilot Program, Councilmembers discussed the general need to add: • Two temporary part-time Code Enforcement Officers; and Two temporary part-time Parking Control Officers. .CounciLdiscussed that.these additional four enforcement_ officers could _focus on - - -- - -- - -- - --- - - removing_ and _ preventing illegal garage conversions and 2411 parking— enforcement: -=At core to this discussion was - common denominator public sentiment obtained during the Pilot Program hearings that if code and parking were further enforcing code requirements then there would not be a reason to give residents parking permits for their vehicles. Discussion & Analysis: As these additional four temporary positions are not currently in the FY 11 budget, staff hereby addresses the budget implications, scope and timeline, and the reliance on the General Fund these additional positions would occupy, and formally seeks your approval to amend the budget to staff these positions. Budget Implications The Parking Control and Code Enforcement temporary part- time /hourly positions are within a salary range from $19.56 (A -Step) to $23.79 (E -Step) per hour. Per the City's Memorandum of Understanding (MOU) with the Lynwood Employees' Association (LEA), "no hourly person, temporary help or seasonal worker shall work more than thirty -five (35) hours in any week." Therefore, these temps would be limited to work 70 hours per two -week pay period. This MOU provision exists to avoid Civil Service issues, where full -time personnel traditionally staff City positions and the part-time hiring process does not augment formal competition and the approval of an eligibility list for hiring full -time personnel. Budgeting at E -Step for all four temps over a fiscal year period is an estimated increase of $165,500, with approximately $160,000 in salaries and another $5,500 for City issued equipment including bullet proof vests. These positions would exclude City benefits (e.g., health insurance, retirement, etc.) because they are temporary part-time positions. Although the Council discussed a six - month period for these personnel, adding these positions to the budget permanently further meets the City's enforcement needs and will assist in recruiting and filling these positions. Scope and Timeline As we are approaching the end of the FY 11 budget of June 30 in less than 60 days, there are roughly eight work weeks remaining in the fiscal year. Once the budget amendment As approved, staff will run these temporary recruitments "Open Until Filled" to fill these positions as soon as possible. Expedited yet thorough pre - employment background checks will still be part of this process. In addition, Council's action to increase parking and code enforcement by increasing temporary part-time staffing budgets for this purpose will be permanent-through FY 12. 2 General Fund These positions will generate revenue from parking and code citations. However, these positions will need to be first funded by the General Fund in order to make payroll while citations are collected. Furthermore, their ability to collect new revenues with current full -time personnel already on staff is a to -be- determined outcome that will be best addressed when evaluating collection activity in the next few quarters following their hiring. Fiscal Impact: Funding needed for all four temporary personnel for a full fiscal year is approximately $165,000, including $160,000 in salaries and $5,500 for City issued equipment including bullet proof vests. As only two months remain in the current fiscal year, the costs will be $32,000 in FY 11. An appropriation is needed for FY 11. The amounts will be divided in half between the Parking Control and Code Enforcement Division budgets, as they are in separate Departments. The full year costs will be included in the City Manager's proposed FY 12 budget. Coordinated With: City Manager's Office City Attorney's Office Development Services Finance & Administration Attachments: Resolution Cl RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER TO INCREASE THE FUND APPROPIRATION OF CODE ENFORCEMENT AND PARKING ENFORCEMENT TEMPORARY PART -TIME STAFFING WHEREAS, the City Council adopted an FY 11 budget; and WHEREAS, $22,000 for the Code Enforcement Division and $68,462 in the Parking Enforcement Division was approved in the FY 11 adopted budget; and WHEREAS, the Council directs to add two additional temporary part -time Code Enforcement Officers and two temporary part-time Parking Control Officers, for a total of four temporary non- CalPERS non - benefited positions; and WHEREAS, the Council directs these temporary staff members to provide focused attention on removing and preventing illegal garage conversions and 24/7 parking enforcement; and WHEREAS, each temporary part-time staff member will not exceed working 35 hours per week; and WHEREAS, costs for a full year are estimated at $165,500; and WHEREAS, costs for the remainder of FY 11 are estimated at $32,000. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council authorizes the City Manager to amend the budgets of the Development Services and Finance Departments. Section 2. The City Council approves the appropriation of $32,000 from the General Fund budget as follows: Development Services Department (Code Enforcement) $16,000 Finance and Administration Department (Parking Enforcement) $16,000 Section 4 . This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 3 rd day of May 2011. 11 Aide Castro Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney Roger L. Haley City Manager APPROVED AS TO CONTENT: Robert S. T Assistant 91 trmanager 5 ATTACHMENT D Lynwood RequestlD:62677 Request Form: Other Code Enforcement Requests Received: Tuesday, December 27, 2011 Status: Completed Priority: Normal Assigned To: Rita Manibusan Contact Details From: Email: Telephone: Addresst: 111 th Address2: City: State: Zip Code: Pref. Method of Response: US Mail Request Address Number: Direction: Street: Type: Apt: City: State: Zip Code: Questions and Answers Please Describe The Code Enforcement Request: informant called and stated that him and some residents had a meeting with a council member on saturday december 24, 2011. On 111 th Street he claims that the council member told him it is illegal for code enforcement to go door to door convassing the city for illegal structure. He also claims that council member told him what procedure steps to take legal action. What Is The Exact Location ?: 111 th street note; informant wanted this to be on record Staff Activities Public Activities Request was successfully submitted. by Ramon Galindo on 12/27/2011 at 9:34 AM 0 AGENDA STAFF REPORT DATE: March 5. 2013 TO: Honorable Mayor and Members of the Ci y Council APPROVED BY: Roger L. Haley, City Manag PREPARED BY: Josef Kekula, Acting Director of Public Works rr of SUBJECT: Lynwood Trolley Bus Service Contract Recommendation: Staff recommends that the City Council adopt the attached entitled resolution: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION THE PERIOD COMMENCING MARCH 7, 2013 AND EXPIRING APRIL 30,2013". Background: On February 5, 2013 City Council awarded a contract to Silverado Stages to provide Fixed Route Bus Services the lowest responsible bidder. Subsequently, on February 21, MV Transportation the current service provider filed a formal bid complaint protest. Before the City could respond, on Monday, Feb. 25, MV filed a Writ of Mandate in court seeking to invalidate the City's awarding of the transit service contract to Silverado. On Tuesday, Feb. 26, MV applied for a temporary restraining order (TRO) and immediate stay to prevent Silverado from commencing operations. The court hearing on the TRO was held on Feb. 27. Discussion & Analysis: The court denied MV Transportation's TRO and since MV Transportation's contract expires February 28, asked the City to meet and confer with all the parties to determine who will provide interim transit services, until the bid protest/Writ of Mandate is formally resolved. All parties agreed to have MV Transportation continue with temporary services. MV Transportation has agreed to continue service at the hourly rate of $59.21. To continue uninterrupted services after February 28, and under the City Manager's purchase Authority the contract was extended 6 days (March 1- March 6). Since it may take more than 6 -days to resolve this issue and to continue uninterrupted services an extension is suggested commencing March 7, 2013 and expiring April 30, 2013. If additional time is required, staff will return to City Council. ITEM 1 Fiscal Impact: The fixed route service is funded through June 30, 2013 using Proposition A funds. No additional funding is required. Coordinated With: City Manager's Office City Attorney's Office Finance RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT EXTENSION FOR THE LYNWOOD TROLLEY BUS SERVICES CONTRACT WITH MV TRANSPORTATION THE PERIOD COMMENCING MARCH 7, 2013 AND EXPIRING APRIL 30, 2013 WHEREAS, on February 21, 2013, MV Transportation filed a formal Bid Protest contesting the award of contract to Silverado Stages; and WHEREAS, to continue uninterrupted fixed route service the court has asked the City to meet and confer with all parties to determine who will provide interim services; and WHEREAS, all parties have agreed that MV Transportation will continue to provide fix route trolley services in the interim until the issue is resolved; and WHEREAS, the current contract was amended for an additional 6 days and will now expire March 6, 2013; and WHEREAS, additional time may be needed to resolve this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1 . That the City Council approves an extension for the Trolley Bus Services Contract with MV Transportation to commence March 7, 2013 and expires April 30, 2013. Section 2 . That the Mayor is authorized to execute the contract amendment on a form to be approved by the City Attorney. Section 3 . The City Clerk shall certify as to the adoption of this Resolution. Section 4 . This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this S th day of March, 2013. Salvador Alatorre Mayor N ATTEST: Maria Quinonez, City Clerk City of Lynwood APPROVED AS TO FORM: City Attorney City of Lynwood Roger L. Haley City Manager APPROVED AS TO CONTENT: Josef Kekula Acting Director of Public Works STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of 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 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 City Clerk, City of Lynwood �Qa9R9,�� o � A GEND A ST REP ����CGe: DATE: March 5. 2013 TO: Honorable Mayor and Members of the QiW Council APPROVED BY: Roger L. Haley, City Manag r PREPARED BY: Amanda Roberson, Director of FinanceaX Steven Avalos, Administrative Analyst II Delania G. Whitaker, Administrative Analyst Irl� SUBJECT: Fiscal Year 2012 -13 Mid -Year Budget Review Recommendation: Staff recommends that the City Council receive this staff report, and adopt one of the attached resolutions entitled: • "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FY 2012 -13 MID -YEAR BUDGET REVIEW REPORT AND APPROVING BUDGET ADJUSTMENTS TO THE FY 2012 -13 ADOPTED BUDGET HERETO ATTACHED AS SCHEDULE A AND ADOPTING THE FY 13 COMMUNITY DEVELOPMENT AND FY 13 SUCCESSOR AGENCY BUDGET HERETO ATTACHED AS SCHEDULE B — OPTION 1" • "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FY 2012 -13 MID -YEAR BUDGET REVIEW REPORT AND APPROVING BUDGET ADJUSTMENTS TO THE FY 2012 -13 ADOPTED BUDGET HERETO ATTACHED AS SCHEDULE A AND ADOPTING THE FY 13 COMMUNITY DEVELOPMENT AND FY 13 SUCCESSOR AGENCY BUDGET HERETO ATTACHED AS SCHEDULE B — OPTION 2" Background: On June 19, 2012, the City Council adopted the Fiscal Year 2012 -13 (FY 13) Operating Budget. The projections in the adopted budget were based on recorded expenditures and revenues at the time of the budget preparation last spring. We are now at the mid- point of the fiscal year, with the annual audit close to being completed and now know all actual revenues and expenditures recorded in FY 12. This Mid -Year Budget Review Report will provide an updated General Fund Balance and use of anticipated reserves for FY 13. This report will also provide a comparison of the City's fiscal condition in FY 12 and FY 13 for the period from July 1 through December 31. lastly, this report will summarize all budget adjustments for Council's consideration for approval which may impact the FY 13 Adopted Budget. Please note that the Mid -Year Budget Review does not provide a financial forecast for FY 13 due to the fact that the majority of the City's major revenue is received in the last two quarters of the fiscal year. Also, revenues attributed to December sales activities are received by the City in March, three months subsequent to the sales. While it is traditional in most cities to present a financial forecast at the mid -year budget review, there is not sufficient data at this time of the fiscal year which can provide a high degree of certainty with regard to final, end -of- the -year performance for FY 13. A financial forecast will be provided in the 3` Quarter Budget Report. As customary, the Mid -Year Budget Report will primarily focus on the General Fund since this is the fund that supports traditional municipal services the City provides for residents, such as law enforcement, fire protection, public works services, parks, and recreation. 2 Discussion & Analysis: FY 13 Year -End Budget Update General Fund In June 2012, the City Council adopted the FY 13 Budget based on meeting certain assumptions, primarily the City's year -end revenue and expenditure targets for FY 12. When the budget was adopted, the projected FY 12 ending General Fund balance was estimated to be $4.4 million. Upon final review of all revenues and expenditures recorded for FY 12, the ending final General Fund balance and FY 13 beginning General Fund balance is now $5.1 million. TABLEI - GENERAL FUND FY 12 (Actuals) FY 13 (Adopted) Revenues $29,817,209 $28,879,633 Expenditures (29,848,812) (29,616,217) Use of General Fund Reserves (31,603) (736,584) Beginning Fund Balance 5,115,452 5,083,849 Estimated Ending Fund Balance $5,083,849 $4,347,265 For FY 12, the City ended with a $0.7 million higher fund balance than anticipated and did not rely on use of reserves for FY 12. This is attributed to both the City Manager's spending restrictions imposed during the fiscal year ($0.2 million) and the City receiving higher than anticipated revenues ($0.5 million) in FY 12. Based on the FY 13 adopted revenues and expenditures, the FY 13 projected ending fund balance for the General Fund is $4.3 million. The FY 13 Adopted Budget relies on the use of $0.7 million in reserves and will meet the City's minimum reserve level policy. Deficit from Other Funds Budgeted FY 13 expenditures include $1 million to pay down the City's deficit funds. At the time the FY 13 Budget was adopted in June, staff reported the existence of accumulated deficits; funds with expenditures that exceeded revenues over the last several years. The funds reporting ongoing deficits are: Traffic Safety, Lighting Maintenance, Landscape Maintenance, TEA Grant, Park Replacement, and Self - Insurance Funds. FY 13 marks the second year of the 10 -Year Deficit Fund Reduction Plan ", in which the General Fund will pay down these deficits annually. At the end of FY 13, the total accumulated deficits are estimated to be at $4.2 million, which is a 42% decrease from 2010. 3 Potential Impacts to the General Fund Reserves The City faces the following fiscal issues that could impact the FY 13 General Fund ending fund balance: • Non - Spendable Reserve — The General Fund balance includes $891,712 in revenues yet to be received from the former Lynwood Redevelopment Agency (LRA) and now the Successor Agency. This obligation must be approved on the Successor Agency's Recognized Obligation Payment Schedule (ROPS). This obligation has not been approved on the ROPS and may impact the General Fund reserve if not received. • Josephine Parcels — The 2011 LRA audit reported an estimated $957,380 was due from the City to the former Lynwood Redevelopment Agency for Josephine parcels for the construction of Burke -Ham Park. However, since then, the Agency has been dissolved and this obligation may be recognized and impact the General Fund. This amount is recorded as a payable in the General Fund. All City Funds The table below is an overview of all City funds, including the General Fund, Water Fund, special funds, internal funds, bond funds, and grant funds. Based on final actual revenues and expenditures recorded in FY 12, the City's ending fund balance for FY 13 for all funds is estimated at $22.8 million, which includes all bond proceeds and other restricted funds. The table summarizes the adjusted Citywide /All Fund revenues and expenditures less the Transfers -In and Transfers -Out. TABLE 2 — ALL CITY FUNDS FY 12 (Actuals) FY 13 (Adjusted) Revenues $56,037,531 $62,328,607 Expenditures (51,688,975) (85,795,338) Surplus /(Use of Bond Proceeds & Reserves) 4,348,556 (23,466,731) Beginning Fund Balance 41,935,740 46,284,296 Estimated Ending Fund Balance $46,284,296 $22,817,565 For FY 13, the City's total projected revenues are $62.3 million (excluding transfers in). The total adjusted expenditures Citywide are at $85.8 million, which covers all funds less transfers out. The City's Capital Improvement Projects (CIP) Program adjusted ri The estimated ending fund balance does not include former LRA revenues and expenditures, and 2011 LRA bond proceeds in the amount of $20.3M (which has been disallowed by the California Department of Finance). budget for FY 13 is $28.7 million. The $23.5 million FY 13 Citywide budget gap will be covered by a combination of the use of reserves from various funds and unspent bond proceeds. FY 13 Mid -Year Budget Report The table below shows the City's General Fund revenues and expenditures incurred from July 1 through December 31 for FY 12 and FY 13. TABLE 3 - GENERAL FUND REVENUES AND EXPENDITURES JULY - DECEMBER — 2ND QUARTER (In Millions) FY 12 (Actuals) FY 13 (Actuals) FY 13 2nd Quarter Increase (Decrease) Percentage Revenues Revenues $9.2 $9.3 1% Transfers In* 0.6 0.5 (17 %) Total Revenues $9.8 $9.8 0% Expenditures Expenditures $12.1 $12.4 2.5% Transfers Out ** 0.5 0.4 (20 %) Total Expenditures $12.6 $12.8 1.3% * Includes Transfers In from the Retirement Fund ($530,932) and Prop A Reimbursement ($9,879) ** Includes Transfers Out to the Finance Authority Fund ($6,088) and Debt Service Fund ($453,675) FY 13 Mid -Year Revenue Performance Overall, revenues for the City are at the same levels from the same mid -year point in FY 12. This is a good sign because it means many of our monthly revenues (such as UUT, Franchise Fees and other fees) are coming in consistently on target. However, please take this positive sign with caution and be reminded that the majority of the City's major revenue base is received during the last two quarters of the fiscal year. The City normally receives 85 -90% of the City's largest revenue stream, property tax revenues, during the last two quarters of every year. Also, the majority of the City's sales tax revenues are received in March, three months after the December holiday sales take place. We will know more and have a better feel for our overall revenue performance by the end of the third quarter. Staff will be meeting with our fiscal consultant, MuniServices, over the next few weeks to ascertain property tax, sales tax, and UUT revenue estimates for the fiscal year. 5 FY 13 Mid -Year Expenditure Performance The City expended 2.5% more than last year excluding transfers out. Although the City's operating (non - public safety) budget has decreased noticeably in FY 13, the Public Safety budget increased by $594,898 or by 4.4 %. A portion of this increase will be offset by year -end savings resulting from employee concessions. In December 2012, the City adopted new Memorandum of Understandings (MOUs) with both employee bargaining unit groups for FY 13. This resulted in both employee groups agreeing to pick up the remaining 6% of their Employee Paid Mandatory Contribution (EPMC) of their CalPERS retirement costs. In addition, the Lynwood Employee Association (LEA) agreed to 6 unpaid, furlough days in exchange for a 2% salary raise for FY 13. These employee concessions are expected to yield $216,615 in estimated net savings in the General Fund for FY 13. The Finance Department will continue to meet with departments quarterly to monitor spending and address unanticipated needs for the current year. FY 13 General Fund Reserve Impacts For FY 13, the General Fund Reserve will be impacted by an additional $320,444, which will lower the General Fund reserve level to $4.1 million. This is attributed to mandatory employee agreement obligations for employees buying back unused leave time (vacation, personal time, floating holidays, or administrative leave) for the year, unanticipated retirement payouts (unused leave time), and other costs that were not included in the FY 13 Adopted Budget. Civic Center Improvement Project (CCIP) Update Just over two years ago, Council approved action to construct a new City Hall that would house staff in the former Annex Building, and also house staff from other City departments for one -stop permitting services, and double the seating capacity of the Council Chambers. As the design concepts were preliminary at the time, staff estimated then that the project could be built for about $7.8 million. This was an estimated breakdown to remodel the Annex ($5.94M), expand the Council Chambers ($1.62M), and add adequate public parking ($250K). In addition, the original project schedule estimated that the improvement project would be completed by April 2012 or next month, but that did not account for the timeframe of the bond issuance transaction nor multiple rounds of refinements in completing the building plans. None the less, the Civic Center Improvement Project Team is committed to working on this project toward ensuring that the finest facility can be constructed with the actual resources available to us. To help fund the project $8.96 million of bonds were issued in August 2010 to: (a) Finance the costs of the acquisition, construction, installation and equipping of certain improvements, 2010 Series A ( "The 2010 Civic Center Improvement Project'); (b) Refund the Outstanding Lynwood Public Finance Authority (LPFA) Lease Revenue Bonds, Series 1999 ( "The 1999 Bonds "); (c) Fund a reserve for the Bonds; and (d) Pay costs of issuance of the Bonds. Just under $5.5 million was designated to the 2010 Civic Center Improvement Project (CCIP) with the remaining $3.4 million to items "b" through "d" listed above. At that time, staff intended to close the gap between the $5.5 million funded and the estimated $7.8 million to construct the entire CCIP, or $2.3 million, with cash. More recently, the cost of project may be more than $7.8 million but that is being finalized this month. To date, the City has spent, encumbered or obligated $2.6 million during the first few phases of the project. We have also spent $60,000 more than originally intended on the temporary modular buildings ($217K on temp facilities in total). The modular buildings cost approximately $45,000 per year, and we are presently renegotiating terms as staff will more than likely occupy those temporary facilities for another year. The silver lining of this expense is that we now find increased confidence that the 2013 building plans will meet our multi -use needs, of both staff and the public, including Americans with Disability Act (ADA) requirements, in this new facility. Although staff at the onset of this project did feel it prudent to rely on a portion of available cash to complete the project, and to avoid unnecessary debt and interest for many years to come, it appears that staff may not have all of the cash immediately available without placing a forecasted burden on the General Fund and other funds. However, that assumption does not include a test of the construction market yet to determine if a contractor can build the project with remaining budget dollars. Right now, we are under the impression that contractor bids on the project will yield unanticipated savings. Therefore, the bid process will determine if that is the case or not. Now that the actual building plans are complete, and to test the construction bid assumption, in April 2013, staff intends to go out to bid to determine how much 2013 construction costs would entail. Then, we can determine how much actual cash will need to be appropriated by the Council or transferred by staff from other funds to complete the project. However, prior to that point, we plan to return to the City Council to present the updated plans so that the Council has an opportunity to review and comment on the forthcoming state of the art facilities. Finally, should the bid process reveal that we are financially ready to commence construction, the project should be completed by April 2014. Construction, and appropriate safety measures, for this multi -level project are intended 7 to take just under a year regardless of start date. We are eager to complete construction and get into the new building, but we need to make sure it's the right building we can afford. FY 13 Mid -Year Budget Adjustments For FY 13, staff is recommending the following Mid -Year Budget Adjustments for Council's consideration to amend the FY 13 Adopted Budget. The proposed adjustments can be due to any of the following reasons: unanticipated increases in costs for certain contracts and services, unbudgeted new grant and bond funds, and various expenses that were not properly budgeted at the time of budget adoption. Outlined below are a summary of the major budget adjustments proposed for Council's consideration. 1. Tree Trimming Contract — $50,000 — In line with the City's budget policy over the last few years, the City's Tree Trimming contract has steadily been cut. As a result, the City has the contractor trim trees in quadrants every year, not citywide. Due to the recent sharp rise in tree claims over this last year, staff is requesting to appropriate an additional $50,000 from the Gas Tax Fund. This will ensure the City's most damaged trees are trimmed and also lower claims related to tree damage. 2. Measure R TRIP COP Projects — $6,136,686 — When the budget was adopted in June, the Measure R Certificates of Participation had not been issued. In December 2012, the certificates of participation were issued. However, revenues have not been recorded. Several critical -need street projects have been approved to be funded by the new Measure R certificates of participation and construction began early last month in February. Staff is requesting to adopt the Measure R certificates of participation revenues and record the appropriate transfers out to the CIP Fund. 3. Graffiti Removal Contract — $46,800 — In FY 12, the Graffiti Removal contract was approved with no funding source, but was paid from department savings from various accounts. The Graffiti Removal contract was not included in the FY 13 Adopted Budget. Staff is requesting to approve funding for this contract, which will be paid from the Litter Abatement Fund reserves, Gas Tax Fund, and Water Fund. 4. Median Landscape Contract — $20,000 — The Median Landscape contract was under - budgeted by $20,000. Staff is requesting to appropriate $20,000 from the Gas Tax Fund to the Traffic Safety Fund. 5. CIP Adjustments to Various Projects (Varies) — Please refer to the CIP Section in Schedule A. There will be several adjustments to a number of different CIP projects, mostly Water Fund - related projects. The proposed adjustments will 1i impact the Water Fund reserve by $562,485. Other restricted funds, such as Prop C and Measure R, will be impacted as well. 6. Other Minor Budget Adjustments (Schedule A) — There were several expenses that were not included in the FY 13 Adopted Budget that need to be budgeted. All proposed adjustments are listed in Schedule A. None of these corrections will have a fiscal impact, and are simply clean -up to existing accounts. FY 13 Community Development Budget In June 2011, the Governor signed ABx1 26 into law, which eliminated redevelopment agencies in California. Due to the uncertainty with regard to the state of redevelopment and unknown funding levels, the FY 13 Community Development and Successor Agency budgets were not adopted when the City's budget was adopted in June 2012. The funding for personnel and operations for the Community Development was to be revisited at the FY 13 Mid -Year Budget Review. At this time, we now know the full funding levels for the Successor Agency, in which the Successor Agency will receive $4.3 million in Redevelopment Property Tax Trust Fund ( RPTTF) revenues in FY 13. However, much of that is restricted to pay down Department of Finance (DOF) approved obligations listed on each respective Recognized Obligation Payment Schedule (ROPS). It is important to note that RPTTF revenues will only be allocated to the Successor Agency until all recognized obligations are satisfied. Administrative expenses, including personnel and other administrative overhead costs, are limited to $250,000. However, the Department of Finance has also allowed the use of a portion ($450,117) of RPTTF revenues for staffing costs related to specific projects. N Based on all available Community Development revenues (RPTTF, CDBG, HUD Home Program, and Park Grant), staff is proposing the following two funding options for Community Development staff and operating expenses for FY 13: Option 1 Proposed Funding Sources FY 13 PROPOSED RPTTF (ROPS Items Only) $ 3,609,132 Administrative Allowance 250,000 RPTTF Staffing Project Cost Allowance 450,117 CDBG — Included in FY 13 Adopted Budget Approved by Council in June 2012 183,176 (Deputy Director — Administrative Services -100%; City Manager -5 %; Finance 3,478 Manager— 2 %) 64,800 CDBG Rehab — Included in FY 13 Adopted Budget Approved by Council in June 7,616 2012 (Finance Manager -5 %) HUD HOME — Included in FY 13 Adopted Budget Approved by Council in June 7,616 2012 (Finance Manager -5%) 7,616 Total: $ 4,507,657 Option 2 Proposed Funding Sources FY 13 PROPOSED RPTTF (ROPS Items Only) $ 3,609,132 Administrative Allowance Less Non -Salary Administrative Expenses (i.e. Office 250,000 Supplies) RPTTF Staffing Project Cost Allowance 450,117 EAR Program Staffing Project Cost Allowance 3,478 Prop 84 — Walking Park Grant Staffing Project Cost Allowance 64,800 CDBG — Included in FY 13 Adopted Budget Approved by Council in June 2012 183,176 (Deputy Director — Administrative Services- 100 %; City Manager -5 %; Finance Manager — 2 %) CDBG Rehab — Included in FY 13 Adopted Budget Approved by Council in June 7,616 2012 (Finance Manager -5 %) HUD HOME — Included in FY 13 Adopted Budget Approved by Council in June 7,616 2012 (Finance Manager -5 %) Total: $4,575,935 Please note that the above options do not include operating expenses (non - salaries and benefits) for CDBG and HUD HOME as those expenses were included in the FY 13 Adopted Budget approved by Council in June 2012. 10 Economic Outlook FY 14 State Budget Update On January 10, 2013, Governor Jerry Brown released his $138.6 billion FY 2013 -14 Proposed Budget, which includes $97.7 billion in State General Fund expenditures and a $1.0 billion reserve. In releasing his budget plan, the Governor announced that as a result of tough spending cuts enacted over the past two years and voter approval of Proposition 30 in November 2012, which is expected to generate an additional $6.8 billion to $8.8 billion in FY 2012 -13, California is on its most stable fiscal footing in decades. Additionally, based on current projections, the State Budget is expected to remain in balance for the foreseeable future. California Forecast City Finance staff monitor the economy with the help of various sources. One source is the UCLA Anderson Forecasts, which are recognized throughout the State as an excellent source of economic forecast data. The California report, authored by UCLA Anderson Forecast Senior Economist Jerry Nickelsburg, examines the economic consequences of Proposition 30, which Nickelsburg refers to as "the most important change in the Golden State since the September UCLA Anderson Forecast release." On the positive side, writes Nickelsburg, Proposition 30 provides a way forward in funding state investment in education and providing at least some funding for the re- alignment of services. On the negative side, it does not address the issues of the way in which Californians fund state government for the long -run, which could make things worse rather than better. Employment is expected to grow 1.3% in 2013 and 2.4% in 2014. Payrolls will grow at 1.4% and 2.2% in the respective forecast years. Real personal income growth is forecast to be 1.8% in 2013 followed by 3.1% in 2014. Unemployment will fall through 2013 and will average approximately 9.7% for the year. In 2014 it is expected that the unemployment rate will drop to 8.4% on average, a percent higher than the U.S. forecast. Closing The Finance Department will continue to meet quarterly with all departments to monitor departmental year -end spending, track revenue performance, and identify any unforeseen issues that may arise and affect the budget. This will help to ensure departments are adhering to the City Manager's directive to expend no more than 90% of their FY 13 adopted budget and to assist the City in meeting our year -end budget targets as we move towards FY 14. The next quarterly report will be the 3 rd Quarter Budget report, which will be presented to Council in April. A financial forecast for FY 13 will be presented in this report. A majority of the City's major revenues will have been received by this time and we should 11 have a better picture if we are meeting our revenue and spending goals at that time. Further, staff will have full department input as departments are required to submit their year -end estimates for both revenues and expenditures as well. Fiscal Impact: The Citywide fiscal target is to end FY 13 with no less than $4.1 million in General Fund reserves should departments expend their full budgets and revenue figures are reached. Coordinated With: City Attorney All Departments Attachments: Resolutions Schedule A — FY 13 Proposed City Budget Adjustments Schedule B — FY 13 Proposed Community Development & Successor Agency Budget 12 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FY 2012 -13 MID -YEAR BUDGET REVIEW REPORT AND APPROVING BUDGET ADJUSTMENTS TO THE FY 2012 -13 ADOPTED BUDGET HERETO ATTACHED AS SCHEDULE A AND ADOPTING THE FY 13 COMMUNITY DEVELOPMENT AND FY 13 SUCCESSOR AGENCY BUDGET HERETO ATTACHED AS SCHEDULE B — OPTION 1 WHEREAS, the City Council of the City of Lynwood (the "City Council ") adopted the City of Lynwood's Fiscal Year 2012 -2013 (FY 13) Operating Budget on June 19, 2012; and WHEREAS, in June 2011, the Governor signed ABx1 26 into law, which eliminated redevelopment agencies in California. Due to the uncertainty with regard to the state of redevelopment and unknown funding levels, the FY 13 Community Development and Successor Agency budgets were not adopted with the City's FY 13 Adopted Budget; and WHEREAS, the FY 13 proposed budgets for personnel and operations for the Community Development Department and Successor Agency were to be revisited at the FY 13 Mid -Year Budget Review; and WHEREAS, staff presents an annual Mid -Year Budget Review report to the City Council to report on final FY 12 year -end performance based on actual expenditures and revenues recorded, provide an updated FY 13 General Fund Balance, and summarize the City's fiscal condition from July through December; and WHEREAS, further, the Finance Department meets with departments quarterly to monitor spending, assess revenues, and identify unanticipated or critical need issues that need to be addressed in the current -year budget; and WHEREAS, as a result, staff has identified critical contracts and services that were not included in the FY 13 Adopted Budget, as well as several expenses that were incorrectly budgeted, that will require amendments to the FY 13 Adopted Budget to avoid disruption of services and ensure proper funding levels; and WHEREAS, based on all available resources, staff has proposed a FY 13 Community Development Budget and FY 13 Successor Agency Budget for Council's consideration for adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1 . By adoption of this resolution, the City Council approves the FY 13 Proposed Budget Adjustments hereto attached as Schedule A and hereby amends the FY 2012 -13 (FY 13) Adopted Budget. Section 2 . Further, by adopting this resolution, the City Council approves the FY 13 Community Development Budget and FY 13 Successor Agency Budget hereto attached as Schedule B — Option 1, and hereby amends the FY 13 Adopted Budget. Section 3. The City Council authorizes the City Manager, or his Designee, to make the necessary budget adjustments to the City's financial system to reflect appropriate changes to the FY 13 Adopted Budget. Section 4. This resolution shall go into effect immediately upon its adoption. Section 5. This City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5` day of March, 2013. Salvador Alatorre Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Roger L. Haley City Manager 2 Amanda Roberson Director of Finance 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FY 2012 -13 MID -YEAR BUDGET REVIEW REPORT AND APPROVING BUDGET ADJUSTMENTS TO THE FY 2012 -13 ADOPTED BUDGET HERETO ATTACHED AS SCHEDULE A AND ADOPTING THE FY 13 COMMUNITY DEVELOPMENT AND FY 13 SUCCESSOR AGENCY BUDGET HERETO ATTACHED AS SCHEDULE B — OPTION 2 WHEREAS, the City Council of the City of Lynwood (the "City Council ") adopted the City of Lynwood's Fiscal Year 2012 -2013 (FY 13) Operating Budget on June 19, 2012; and WHEREAS, in June 2011, the Governor signed ABx1 26 into law, which eliminated redevelopment agencies in California. Due to the uncertainty with regard to the state of redevelopment and unknown funding levels, the FY 13 Community Development and Successor Agency budgets were not adopted with the City's FY 13 Adopted Budget; and WHEREAS, the FY 13 proposed budgets for personnel and operations for the Community Development Department and Successor Agency were to be revisited at the FY 13 Mid -Year Budget Review; and WHEREAS, staff presents an annual Mid -Year Budget Review report to the City Council to report on final FY 12 year -end performance based on actual expenditures and revenues recorded, provide an updated FY 13 General Fund Balance, and summarize the City's fiscal condition from July through December; and WHEREAS, further, the Finance Department meets with departments quarterly to monitor spending, assess revenues, and identify unanticipated or critical need issues that need to be addressed in the current -year budget; and WHEREAS, as a result, staff has identified critical contracts and services that were not included in the FY 13 Adopted Budget, as well as several expenses that were incorrectly budgeted, that will require amendments to the FY 13 Adopted Budget to avoid disruption of services and ensure proper funding levels; and WHEREAS, based on all available resources, staff has proposed a FY 13 Community Development Budget and FY 13 Successor Agency Budget for Council's consideration for adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1 . By adoption of this resolution, the City Council approves the FY 13 Proposed Budget Adjustments hereto attached as Schedule A and hereby amends the FY 2012 -13 (FY 13) Adopted Budget. Section 2 . Further, by adopting this resolution, the City Council approves the FY 13 Community Development Budget and FY 13 Successor Agency Budget hereto attached as Schedule B — Option 2, and hereby amends the FY 13 Adopted Budget. Section 3. The City Council authorizes the City Manager, or his Designee, to make the necessary budget adjustments to the City's financial system to reflect appropriate changes to the FY 13 Adopted Budget. Section 4. This resolution shall go into effect immediately upon its adoption. Section 5. This City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5 th day of March, 2013. Salvador Alatorre Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney APPROVED AS TO CONTENT: Roger L. Haley City Manager 2 Amanda Roberson Director of Finance 3 City of Lynwood Schedule A FY 13 Proposed Budget Adjustments FY 13 Proposed # Proposed Budget Adjustments From To Budget Adjustment 1 Landscape Median Contract Gas Tax Fund Traffic Safety Fund 20,000 Appropriate $20,000 from the Gas Tax fund to fully fund contract 2 Tree Trimming Contract Gas Tax Fund Landscape Maintenance 50,000 Appropriate $50,000 from Gas Tax Fund to trim the Fund most damaged trees and lower tree claims against the City 3 Graffiti Removal Contract Appropriate funds from the Litter Abatement Litter Abatement Litter Abatement Fund 23,400 reserves, Water Fund, and Gas Tax Fund to fully Reserves fund contract Water Fund Litter Abatement Fund 11,700 Gas Tax Fund Litter Abatement Fund 11,700 46,800 Total: 4 Measure R TRIP COP Revenues Adopt and record all Measure R TRIP Certificates of New Revenues Measure R COP Fund 6,136,686 Participation (COP) revenues from December 2012 issuance 5 CIP Program Proposed Adiustments Project #009- Water Well #19 Water Fund CIP Fund 100,000 Project #868 - Sanborn Avenue Water Fund CIP Fund 20,000 Project #870- Josephine Street Water Fund CIP Fund 29,213 Project #876 - Water Well #9 Rehab Water Fund CIP Fund 25,000 Project #897 - SCADA Upgrade Water Fund CIP Fund 100,000 Project #910 - Water Well Beautification Water Fund CIP Fund 50,000 Project #914- Water Well Sand Separator Water Fund CIP Fund 15,000 Project #915 - Well No. 8 Secondary Pressure Water Fund CIP Fund 20,000 Project #921- Birch Street Water Main Water Fund CIP Fund 7,000 Project #922 - Water and Sewer Atlas Update Water Fund CIP Fund 20,000 Project #925 - Bullis Road Water Improvement Water Fund CIP Fund 161,272 Project #992 - Water Well No. 11 Rehab Water Fund CIP Fund 15,000 562,485 Water Fund Subtotal: Project 4907 - Duncan Avenue Design Measure R CIP Fund 40,000 Project #913 - Pedestrian Safety Improvement Measure R CIP Fund 25,000 Project #917 - Trench Cut Repairs Measure R CIP Fund 30,000 Project #908 - Olanda Street Design Measure R CIP Fund 27,520 122,520 Measure R Subtotal: Project #988 - Traffic Signal Improvement Prop CIP Fund 60,000 60,000 Prop C Subtotal: Project #911- Wright Road Design Prop 1B CIP Fund 17,425 17,425 Prop 18 Subtotal: Project #867 - Pocket Parks FY 10 HUD CIP Fund 49,799 49,799 HUD Subtotal: CIP Adjustments Total: 812,229 City of Lynwood Schedule A FY 13 Proposed Budget Adjustments FY 13 Proposed N Proposed Budget Adjustments From To Budget Adjustment Other Minor Budget Adjustments 6 2014 -2021 Housing Element Appropriate $45,000 for full funding of contract for General Fund Reserve General Fund 45,000 preparation of City's 2014 -21 Housing Element. The Housing Element was approved on 11/20/12 per Resolution 2012.215. 7 Gateway Cities 1 -710 Appropriate $25,000 from Prop C Fund to pay the Prop C General Fund 25,000 Gateway Cities 1 -710 Fee. Gateway Cities 1 -710 Fee was previously funded by the General Fund and is now Prop C eligible. 8 Salary Adiustment for AA 11 Appropriate $8,098 from the General Fund reserves General Fund Reserve General Fund 8,098 to fully fund position. Position previously oversaw Traffic Safety Fund N/A (8,098) Crossing Guard Program, which is Gas Tax eligible. Due to the fact that the position no longer oversees program, the amount previously budgeted in the Traffic Safety Fund should be reversed. 9 Prop 84 (Park Grant) Appropriate $5,000,000 in Prop 84 Grant revenues New Revenues Park Grant Revenue Fund 5,000,000 to fully budget grant award. Due to the fact that Park Grant Fund N/A (4,948,761) expenditures are now recorded as a CIP Project, Park Fund budgeted expenditures need to be reversed. 10 Civic Center Comprehensive Plan Grant Appropriate $100,000 for new grant revenues. New Revenues General Fund 100,000 Appropriate an additional $10,000 of Prop C fund for Prop C General Fund 10,000 required City Match. 11 Street Lighting Appropriation Appropriate $16,000 from Prop C Fund to re- install Prop C Street Lighting Fund 16,000 street lights to City system. Street lights were disconected as a result of an unexpected system upgrade. 12 Better Directions Grant Appropriate $5,000 to record grant revenues and New Revenues General Fund 5,000 expenditures 13 Weed Abatement Appropriate $2,500 to support weed abatement General Fund Reserve General Fund 2,500 program. 14 CDBG Natatorium - Reverse Funding Reverse CDBG budget for Natatorium. Monies were HUD N/A (54,000) improperly appropriated in error. City of Lynwood Schedule A FY 13 Proposed Budget Adjustments FY 13 Proposed # Proposed Budget Adjustments From To Budget Adjustment 15 CIP Revenue (2011 LRA Bond) - Reverse Fundin¢ Reverse CIP revenue for 2011 LRA bond. City is CIP Revenue N/A (10,000) unable to use bond revenue pursuant to ABxl 26. 16 Old Community Development Account Corrections Due to the uncertainty with regard to Funds 1012 -1015 N/A (1,384,732) redevelopment and unknown funding for the Successor Agency, funds adopted in the old Community Development accounts were primarily intended for debt service. However, debt service and other contractual obligations are now paid through the Successor Agency accounts. These old accounts need to be corrected. There is no fiscal impact. City of Lynwood Schedule B - Option 1 FY 13 Proposed Community Development & Successor Agency Budget Salaries & Benefits $ 219,466 Accounting & Auditing 22,080 Advertising & Printing 340 Repairs & Maintenance- Building & Equipment 1,409 Rental Building & Equipment 1,950 Travel & Meetings 2,044 Other Fees for Services 118 Office Supplies 996 Operating Supplies 749 Miscellaneous Other Expenditures 712 Miscellaneous Expense 136 Total Administrative Allowance • err Staffing Project Costs $ 450,117 Legal Fees 93,265 Environmental 34,511 Rental Building & Equipment 824 Travel & Meetings 126 Other Fees for Services 4,650 Professional & Contractual Svcs 1,128 Property Maintenance and Security 12,774 Debt Service - Principal & Interest 3,026,574 Other Debt Costs 5,185 Awarded RPTTF Revenue $ 3,609,132 Staffing Project Cost Allowance 450,117 Administrative Cost Allowance 250,000 Total RPTTF Revenue •• City of Lynwood Schedule B - Option 2 FY 13 Proposed Community Development & Successor Agency Budget Salaries & Benefits $ 219,466 Accounting & Auditing 22,080 Advertising & Printing 340 Repairs & Maintenance- Building & Equipment 1,409 Rental Building & Equipment 1,950 Travel & Meetings 2,044 Other Fees for Services 118 Office Supplies 996 Operating Supplies 749 Miscellaneous Other Expenditures 712 Miscellaneous Expense 136 Staffing Project Costs $ 450,117 Legal Fees 93,265 Environmental 34,511 Rental Building & Equipment 824 Travel & Meetings 126 Other Fees for Services 4,650 Professional & Contractual Svcs 1,128 Property Maintenance and Security 12,774 Debt Service - Principal & Interest 3,026,574 Other Debt Costs 5,185 Awarded RPTTF Revenue $ 3,609,132 Staffing Project Cost Allowance 450,117 Administrative Cost Allowance 250,000 EAR Program City Staff Admin Allowance 3,478 Prop 84 Walking Park Admin Allocation ed Ann 0 A GEN D A REP �o�� DATE: March 5, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Roger L. Haley, City Mana PREPARED BY: Deborah L. Jackson, Director of Public Relatio SUBJECT: Sheriffs' Department Request to Temporarily Close a Portion of Imperial for "Every 15 Minutes" Emergency Exercise Recommendation: Staff recommends that the City Council approve the partial street closure from 9:00 a.m. to 1:00 pm on April 11, 2013 for the "Every 15 Minutes" exercise, and as the City's portion of participation provide barricades, cones, and City Street Division staff to man the street closure. Background: Sponsored by the California Office of Traffic Safety the title "Every 15 Minutes" comes from the unfortunate fact that during the early 1980's every 15 minutes someone in the United States was killed in an alcohol - related traffic collision. While the implementation of new laws and grassroots program have helped bring the death rate down to one death every 30 minutes, this figure continues to be unacceptable. Discussion & Analysis: "Every 15 Minutes" is a two -day program that includes a realistic dramatization of the consequences of drinking and personal safety. "Every 15 Minutes" challenges high school juniors and seniors to think about the consequences of drinking, personal safety and the responsibility of making mature decisions when lives are involved. The program seeks to provide students with a hard - hitting, realistic dramatization of the aftermath of a fatal alcohol - related car crash. Scheduled for April 11 and 12 participants in this exercise include the Lynwood Unified School District, Century Station Sheriffs Deputies, the Los Angeles County Fir e AGENDA Department, St. Francis Medical Center, McCormick Ambulance, Los Angeles County rw District Attorney's Office, and several other entities participating in this nationally recognized "Every 15 Minutes" program. The program will be hosted by Lynwood High School on Imperial Highway. A mock fatal DUI (Driving Under the Influence) collision will be staged on Jackson Avenue in front of the High School, and a mock emergency response will be portrayed while the senior class watches from the bleachers. This event is expected to attract the media. The Sheriff's Department is requesting to use the westbound lanes of Imperial Highway between Jackson Avenue and Sampson Avenue between 9:00 a.m. and 1:00 p.m. on April 11 They are also requesting the City provide street division staff, barricades, and cones to secure the area where the exercise will take place. Coordinated With: City Attorney's Office Finance Department Sheriff's Department AGEN STAFF REPOR DATE: March 5, 2013 TO: Honorable Mayor and Members of th�ty Council APPROVED BY: Roger L. Haley, City Manage PREPARED BY: Josef Kekula, Acting Director of Public Worksl Antonio Perez, Civil Engineering Assistant (� SUBJECT: Tree Pruning Planting and Maintenance Services Recommendation: Staff recommends that the City Council consider the options below and direct staff: 1. Go out to formal bid 2. Direct staff to negotiate with current company for better rates. Background: The current Tree Trimming Contract expired during fiscal year 2010 -11. This contract was subsequently extended for one additional year and included emergency trimming services. The expiration date is now June 30, 2013. Discussion 8, Analysis: The current Tree Trimming Contract expires during fiscal year 2012 -13. As such, in order to continue maintenance of the City's close to 8,000 trees a new contract will be required. In compliance with the agreement, the City must notify the current contractor that the contract will expire on June 30, 2013. Fiscal Impact: There is no fiscal impact from recommend action. Coordinated With: City Attorney's Office Budget Office ITEM . Z -