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
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NA01 PARK
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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
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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
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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.
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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
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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
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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.
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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:
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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.
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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
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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 -