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Home My Public Portal AboutA 2016-04-12 PLANNING COMMISSIONCity of LYNWOOD California PLANNING COMMISSION & PARKING DISTRICT BOARD (PBIDB) REGULAR MEETING Tuesday, April 12, 2016 — 6:00 P.M. CITY HALL COUNCIL CHAMBERS LYNWOOD, CA 90262 PLANNING COMMISSION & PBIDB Elizabeth Battle, Commissioner Bill Younger, Commissioner Kenneth West, Commissioner Alex Landeros, Vice -Chair Jorge Casanova, Chairperson Djkk (DOS 330 Bulbs Roao ynwood, CA 90262 c. _ (310) 603 -0220 REC C,T Z) ` APR ftj`��J & BUSTCjt0 VEMENT - -.,may „( AGENDA In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled person and need a disability related modification or accommodation to participate in this meeting, please contact Yolanda Delgadillo at (310) 603 -0220 ext. 268 or Fax (310) 223 -5121. Requests must be made as early as possible, and at least one full business day before the start of the meeting. Staff reports, writing, or other materials related to an item on this Agenda which are distributed to the Personnel Board less than 72 hours before this scheduled meeting shall be available for public inspection in the Human Resources office located at 11330 Bullis Road, Lynwood, CA 90262, during normal business hours. 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA 3. ROLL CALL Elizabeth Battle, Commissioner Bill Younger, Commissioner Kenneth West, Commissioner Alex Landeros, Vice -Chair Jorge Casanova, Chairperson 4. PLEDGE OF ALLEGIANCE Planning Commission & Parking & Business Improvement District Board Agenda April 12, 2016 Page 2 of 3 5. APPROVAL OF MINUTES A. Request to Approve Minutes of the February 9, 2016 meeting. 6. SWEARING IN OF SPEAKERS (City Clerk or Designee) 7. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) (With respect to speakers addressing items listed under the heading of public hearing you are asked to wait until the Chair formally opens the public hearing and the item is called) 8. NON - AGENDA PUBLIC ORAL COMMUNICATION (This time is reserved for members of the public to address the Personnel Board relative to matters that are not on the agenda. No action may be taken on non- agenda items unless authorized by law.) 9. PLANNING COMMISISON /PBIDB ORAL AND WRITTEN COMMUNICATIONS (This section is designed for Commission Members to report on outside meetings attended that pertain to the work of the Board.) ELIZABETH BATTLE, COMMISSIONER BILL YOUNGER, COMMISSIONER KENNETH WEST, COMMISSIONER ALEX LANDEROS, VICE CHAIR JORGE CASANOVA, CHAIRPERSON 10. PUBLIC HEARING(S) A. Request to consider Conditional Use Permit No. 2015 -01 to establish a Type 41 Alcohol & Beverage Control License for an existing restaurant and Variance No. 2015 -04 to reduce required parking spaces from 74 to 57. The property is located at 3568 -3570 Martin Luther King Jr. Boulevard in the CB- 1 (Controlled Business) Zoning District. A. Open Public Hearing B. Staff Report C. Public Testimony D. Discussion E. Close Public Hearing F. Call for the question/vote B. Request to consider Variance No. 2016 -01, to reduce the required side yard setback from five (5') feet to two (2') feet in order to legalize a 1,050 square foot patio cover over an existing driveway and to allow an increase in the 2 Planning Commission & Parking & Business Improvement District Board Agenda April 12, 2016 Page 3 of 3 maximum lot coverage from 40% to 50% in any R -1 Single Family Residence. The property is located at 12308 Thorson Avenue in the R -1 (Single Family Residence) zone. A. Open Public Hearing B. Staff Report C. Public Testimony D. Discussion E. Close Public Hearing F. Call for the question/vote 11. NEW /OLD BUSINESS A. Parking and Business Improvement District (P.B.I.D.) FY17 Proposed Annual Spending Plan & FYI Annual Spending Report 12. ADJOURNMENT Next Regular Meeting is scheduled for May 10, 2016. 3 LYNWOOD PLANNING COMMISSION REGULAR MEETING, February 9, 2016 Item #1 -Call Meeting to Order Commissioner West called the meeting to order at 6:04 PM Item #2- Flag Salute Commissioner Landeros led the flag salute. Item #3- Roll Call of Commissioners Planning Associate Karen Figueredo called roll. Commissioner Battle, Commissioner Younger, Commissioner West, and Vice Chair Landeros were present. Chair Casanova was absent. Also present were Interim Director of Department of Development, Compliance & Enforcement Services Erika Ramirez, Planning Associate Karen Figueredo, Planning Manager Mike Poland, Senior Public Works Manager Elias Saikaly, and City Attorney David Garcia. Item #4- Certification of Agenda Posting Commissioner West asked if the Agenda had been duly posted and Planning Associate Karen Figueredo indicated that the Agenda was in fact duly posted. Item #5- Minutes It was moved by Commissioner Younger and seconded by Commissioner Landeros to approve the Minutes from the Planning Commission meeting from January 12, 2016. Item #6- Swearing in Speakers Seeing that there were no members of the audience present, Commissioner West stated that if any speaker were to present themselves during the meeting, City Attorney David Garcia would conduct the swearing in of speakers. City Clerk Maria Quin"onez stated that the current agenda setup will be reorganized and formatted to be standard across all Commission agendas. Item #7- Public Orals None 1 CONTINUED REGULAR AGENDA (PUBLIC HEARING) None NEW REGULAR AGENDA (PUBLIC HEARING) None Item #8- ZONING CODE AMENDMENT 2016 -02 Applicant: City of Lynwood City-wide Proposal: The applicant is requesting that the Planning Commission recommend that the City Council approve an Urgency Ordinance amending Chapter XXV (Zoning) of the Lynwood Zoning Ordinance to add a sub - section prohibiting marijuana cultivation. Recommendation: Interim Director of Department of Development, Compliance & Enforcement Services Erika Ramirez, recommended that the Planning Commission pull the item as there was an emergency bill that was signed on February 3rd, 2016 that allowed counties and cities to have more time to develop regulations on marijuana cultivation. Commissioner West agreed to pull the item until further notice. ITEM #9- SPECIFIC PLAN AMENDMENT 2016 -01 Applicant: City of Lynwood Long Beach Boulevard Specific Plan Proposal: The applicant is requesting that the Planning Commission recommend that the City Council approve an Ordinance amending Table 3.F of the Long Beach Boulevard Specific Plan thereby allowing drive -thru food and beverage businesses in Village III (Transit Village) and Village IV (Business Village) of the Long Beach Specific Plan with the approval of a Conditional Use Permit. Planning Manager Mike Poland introduced the item to the Commission and provided information from the staff report. The approval consists of allowing drive -thru food and beverage business in the Transit Village and Business Village of the Long Beach Specific 2 Plan so that it will be consistent with the allowance of drive -thru businesses in Village I and Village II of the Long Beach Specific Plan. Staff recommends that the Planning Commission adopt Resolution 3354, recommending City Council approval of Specific Plan Amendment 2016 -01. Commissioner West asked if staff had conducted research to determine whether the allowance of drive -thru businesses in all four villages would not affect the flow of traffic. Commissioner West opened public orals. Seeing none, Commissioner West closed public orals. It was moved by Commissioner Younger, seconded by Vice Chair Landeros to adopt: SPECIFIC PLAN AMENDMENT RESOLUTION NO 3354, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE LONG BEACH BOULEVARD SPECIFIC PLAN (SPA 2016 -01) TO PERMIT DRIVE -THRU FACILITIES FOR EATING AND DRINKING ESTABLISHMENTS IN VILLAGE III (TRANSIT VILLAGE) AND VILLAGE IV (BUSINESS VILLAGE), SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT. ROLL CALL: AYES: BATTLE, LANDEROS, YOUNGER, WEST NOES: ABSTAIN: ABSENT: CASANOVA ITEM #10- DISCUSSION ITEM Interim Director Ramirez presented the Commission with a proposed draft of the Development Standards for solar panels. Commissioner West asked if other cities have any restrictions regarding the placement of the solar panels. Commissioner Younger asked if there were to be any restrictions on the number of solar panels placed per roof and asked if it were feasible to add a restriction. Planning Commission directed staff to proceed with presenting a first draft of the Solar Panels Development Standards along with the research on including restrictions on the number of solar panels to be placed per roof. 3 COMMISSION ORALS Commissioner Battle stated on the disservice to the community with the presentation of important items for the Planning Commission on short notice. Commissioner Younger inquired over having any more special meetings per month. Commissioner West asked if anything could be done over a parking situation on 10991 Pine Ave. He also stated that there could be a garage conversion. Interim Director Ramirez stated that a Parking and Code Enforcement case would be opened to investigate the matter further. STAFF ORALS None AD70URMENT Having no further discussion, it was moved by Commissioner Younger and seconded by Commissioner Battle to adjourn the meeting. Planning Commission meeting was adjourned at 7:32 PM APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Development Services 4 Jorge Casanova, Chair Lynwood Planning Commission APPROVED AS TO FORM: David Garcia, City Attorney Planning Commission Counsel 171A9=9 TO: city c& A,,: D 11339 BULLI$ ROAD II j L`INWOOD, CALIFORNIA 90262 3101 603 -0220 April 12, 2016 Honorable Chair and Members of the Planning Commission FROM: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services Mike Poland, Interim Planning Manager SUBJECT: Conditional Use Permit No. 2015 -01 to establish a Type 41 Alcohol & Beverage Control License for an existing restaurant and Variance No. 2015 -04 to reduce required parking spaces from 74 to 57. The property is located at 3568 -3570 Martin Luther Kling Jr. Boulevard in the CB -1 (Controlled Business) zone. APPLICANT: Mariela Gastelum RECOMMENDED ACTION: 1. DETERMINE that Conditional Use Permit No. 2015 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. 2. APPROVE Resolution No. 3346 thereby approving Conditional Use Permit No. 2015 -01 to allow on -site consumption of beer and wine via a Type 41 license from the State Department of Alcoholic Beverage Control in conjunction with the operation of an existing restaurant.. 3. DETERMINE that Variance No. 2015 -04 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. 4. APPROVE Resolution No. 3352 thereby approving Variance No. 2015 -04 to allow a reduction of the required number of parking spaces for an existing restaurant. RECOMMENDED ACTION "I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE RESOLUTION NO. 3346 AND RESOLUTION NO. 3352 BASED ON THE FINDINGS OUTLINED IN THE ATTACHED RESOLUTIONS ". PROJECT: The applicant, Mariela Gastelum, owner of the Mariscos Las Dorados Restaurant is requesting that the Planning Commission consider and approve Conditional Use Permit No. 2015 -01 to establish a Type 41 Alcohol & Beverage Control License for an existing restaurant and consideration and approval of Variance No. 2015 -04 to reduce required parking spaces from 74 to 57. The property is located at 3568 -3570 Martin Luther Kling Jr. Boulevard in the CB -1 (Controlled Business) zoning district, further described as Assessor's Parcel Number 6191 - 017 -029. BACKGROUND: The Mariscos Las Dorados Restaurant leases a 2,693 square foot space out of an 11,240 square foot commercial building. The existing commercial building was built in 2005. In addition to Mariscos Las Dorados, five (5) other tenants lease space in the commercial building. CUP 2015 -01 2 April 12, 2016 VAR 2015 -04 DISCUSSION — CONDITIONAL USE PERMIT NO. 2015 -01: The applicant proposes to sell beer and wine under a California Department of Alcoholic Beverage Control Type 41 (On -Sale Beer and Wine for a Bona Fide Public Eating Place) license in association within an existing 2,693 square foot restaurant. A Type 41 Liquor License authorizes a restaurant to sell beer and wine for consumption on or off the premises where sold. Distilled spirits are not allowed on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). The restaurant must operate and maintain the licensed premises as a bona fide eating place. Also, the restaurant must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. The existing restaurant has 80 seats inside with no outdoor dining. No bar area or bar seating is proposed. All alcohol will be located behind the service counter. Alcohol sales are proposed during all hours of operation. There are no proposed changes to the restaurant floor plan or site plan. The project site is located within Census Tract No. 5402.02. The California Department of Alcoholic Beverage Control Type 41 license in association with an existing restaurant requires that the following required findings be made: 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community. 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. 4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. For information purposes, staff identified the following existing facilities with License Type 41 located within Census Tract 5402.02. Existing Licenses Establishment Name License Type Address Wing Stop 41 10910 Long Beach Blvd. Mariscos EL Perihuete 41 10910 Long Beach Blvd. El Botanitas 41 3614 Martin Luther King Blvd. CUP 2015 -01 3 April 12, 2016 VAR 2015 -04 The Lynwood Municipal Code requires a Conditional Use Permit for the sale of alcoholic beverages to ensure there will be no adverse impact on surrounding land uses or allow the availability of alcoholic beverages to minors. When reviewing alcohol permits, the Zoning Ordinance details specific land uses that are sensitive to alcohol activities, but do not establish any specific distances for these uses. The State Alcoholic Beverage Control Board investigation requires applicants to identify the sensitive land uses within 600 feet of the site. There are potentially sensitive receptors in the vicinity of the subject property as described below: Sensitive Receptors Establishment Name Address Distance to Project Site Multi- family residential Directly west of the project Directly adjacent site. Cesar Chavez Middle Directly across Martin Within 100 feet of the School & Thurgood Luther King Blvd. to the subject property. Marshall Elem. School east. The selling of alcoholic beverages, from the project site, is not anticipated to have an adverse impact on "sensitive" land uses for the following reasons: A. There are two schools within 600' of the restaurant. They are located east of the project site on the east side of Martin Luther King Blvd., which is a very heavy travelled arterial street. B. The multi - family residential uses are located adjacent a west of the project site. The entrance to the restaurant is on the east side of the building, not facing the residences. C. Potential undesired side effects of overconsumption of alcohol are not anticipated to occur at the subject casual dining restaurant where food service consumption is the primary function. DISCUSSION — VARIANCE NO. 2015 -04: The applicant is requesting a Variance to reduce number of required parking spaces from 74 to 57. The existing shopping center is fully developed with no room to expand the existing parking areas. Any discretionary review (CUP described above) by the Planning Commission is required to be brought into compliance with all current development standards to the extent physically possible as determined by the Planning Commission. When the existing building was constructed, in 1981 the required on -site parking spaces were less than the requirements that exist today. The code revisions that require more parking for new uses in older buildings creates practical difficulties and necessary hardships for both the owners of these older buildings as well as the businesses that CUP 2015 -01 4 April 12, 2016 VAR 2015 -04 occupy them. The general purpose and intent of the zoning regulations is not to prohibit or constrain the re -use of older commercial buildings with limited on -site parking. In the instant case, the strict application of current parking requirements for an existing use within an older commercial building will result in practical difficulties and unnecessary hardships, which are inconsistent with the purpose and intent of the zoning regulations. When the subject building and other commercial structures in the surrounding area were developed, they did not typically provided on -site parking consistent with today's requirements. As the commercial structures along Martin Luther King Jr. Boulevard have been occupied by a variety of successful retail and restaurant uses, the parking that is available has become increasingly scarce. Staff has determined that the scarcity in parking, at the time, was caused by a lack of parking and high parking demand by other uses. Additionally, there was high demand for street parking on either side of Martin Luther King Jr. Boulevard and commercial patrons were utilizing street parking on the adjacent residential streets. The uses along Martin Luther King Jr. Boulevard include commercial and restaurant uses, similar in operation to the continued restaurant use. The lack of sufficient parking for these commercial uses requires businesses, including the Applicant, to consider relocating in order to best serve customers. Following are the findings for consideration of the proposed Variance followed by staff determinations of the project in relation to the required findings. 1. That the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations. The Applicant is requesting approval of a variance to allow a reduction in required on -site parking. Denial of the request would result in practical difficulties and unnecessary hardships for the existing restaurant, which has been successfully operating within an approximate 2,700 square foot portion of the existing 11,240 square foot building located on the subject property since 2005. The subject property is located at 3568 -3570 Martin Luther King Jr. Boulevard and is developed within a commercial building that was constructed in 1981. When the existing building was constructed, the required on -site parking spaces were less than the requirements that exist today. The code revisions that require more parking for new uses in older buildings creates practical difficulties and necessary hardships for both the owners of these older buildings as well as the businesses that occupy them. The general purpose and intent of the zoning regulations is not to prohibit or constrain the re -use of older commercial buildings with limited on -site parking. In the instant case, the strict application of current parking requirements for an existing use within an older commercial building will CUP 2015 -01 5 April 12, 2016 VAR 2015 -04 result in practical difficulties and unnecessary hardships, which are inconsistent with the purpose and intent of the zoning regulations. 2. That there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings, that do not generally apply to other property in the same zone and vicinity. The subject property is located on Martin Luther King Jr. Boulevard, amid a neighborhood commercial strip that was first developed in the early 1980's. The subject property is improved with an approximate 11,240 square foot commercial structure that now has multiple tenants. The Mariscos Las Doradas Restaurant has occupied their 2,700 square foot space since 2005. The special circumstances that resulted in the requested variance will continue to be pertinent, including the limited parking on the subject property and the scarcity of parking in the general vicinity. When the subject building and other commercial structures in the surrounding area were developed, they did not typically provided on -site parking consistent with today's requirements. As the commercial structures along Martin Luther King Jr. Boulevard have been occupied by a variety of successful retail and restaurant uses, the parking that is available has become increasingly scarce. Staff has determined that the scarcity in parking, at the time, was caused by a lack of parking and high parking demand by other uses. Additionally, there was high demand for street parking on either side of Martin Luther King Jr. Boulevard and commercial patrons were utilizing street parking on the adjacent residential streets. 3. That such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question. The subject fronts Martin Luther King Jr. Boulevard and is amid a commercial corridor containing an assortment of retail and restaurant uses. The approximate 11,240 square foot subject building was constructed in 1981, around the same time many of the surrounding commercial and residential buildings were constructed. A number of the older commercial buildings along Martin Luther King Jr. Boulevard, including the subject building, lack parking spaces consistent with today's standards. The proposed variance will allow the continued operation of Mariscos Las Doradas. The uses along Martin Luther King Jr. Boulevard include commercial and restaurant uses, similar in operation to the continued restaurant use. The lack of sufficient parking for these commercial uses requires businesses, including the Applicant, to consider relocating in order to best serve customers. CUP 2015 -01 6 April 12, 2016 VAR 2015 -04 Because of the special circumstances, described above, the Applicant requires the requested variance in order to continue operation of the existing restaurant on the subject property. 4. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Granting the requested variance will allow the continued operation of the existing restaurant and will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Mariscos Las Doradas has been successfully operating at this location since 2005 and has proved to be a complementary use and an asset to the commercial corridor along Martin Luther King Jr. Boulevard. Mariscos Las Doradas is a convenient location for nearby residents and is compatible with the surrounding uses. The area of Martin Luther King Jr. Boulevard surrounding the subject property was developed in the early 1980's. The existing building as well as a number of the surrounding commercial buildings are older and lack parking spaces consistent with today's standards. The reduction in parking will not be materially detrimental to the public welfare or injurious to property or improvements in the same zone or vicinity. 5. That the granting of the variance will not adversely affect the General Plan. The proposed project is consistent with the adopted Lynwood General Plan, which designates the subject property for Commercial land uses corresponding to the Controlled Business (CB -1) Zoning District. The subject property is located within the Controlled Business (CB -1) Zoning District, which permits the restaurant use. The proposed variance is in harmony with the various elements and objectives of the General Plan inasmuch as the reduction in required parking spaces will allow the continued operation of the existing restaurant; that of which is a use consistent and compatible with the uses in the adjacent and surrounding area, as well as the stated desires and objectives of the adopted Lynwood General Plan. Granting the requested variance will allow the Applicant to continue operating within a portion of the existing building on the subject property in a manner that compliments and is generally consistent with the other commercial uses in the surrounding area. Thus the proposed variance will not adversely affect any element of the General Plan. CUP 2015 -01 7 April 12, 2016 VAR 2015 -04 6. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: 1. DETERMINE that Conditional Use Permit No. 2015 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. 2. APPROVE Resolution No. 3346 thereby approving Conditional Use Permit No. 2015 -01 to allow on -site consumption of beer and wine via a Type 41 license from the State Department of Alcoholic Beverage Control in conjunction with the operation of an existing restaurant. 3. DETERMINE that Variance No. 2015 -04 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. 4. APPROVE Resolution No. 3352 thereby approving Variance No. 2015 -04 to allow a reduction of the required number of parking spaces for an existing restaurant. ATTACHMENTS; APN MAP AERIAL PHOTO NO. 1 AERIAL PHOTO NO. 2 RESOLUTION NO. 3346 RESOLUTION NO. 3352 CUP 2015 -01 8 April 12, 2016 VAR 2015 -04 ASSESSOR'S PARCEL MAP 6,5 S so A0 Wes � yFR /,� a , b e3o=o 14R v O a a 0 Z 6 a~ 19 "3 TRACT NO. 20680 M.B. 552 -4 -6 ssz s�5�9 F� 2Q /0 9 /e D , O o p /� Z34a• ^• s'g ryy O 's 0 North Ik LO kry .V v e09� an CUP 2015 -01 9 April 12, 2016 VAR 2015 -04 to G 0 A 1- North Ir X GOOSIC • A 1- North Ir X GOOSIC 4 North ♦ ` »:L t6: oo9:e GoogIe F RESOLUTION NO. 3346 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2015 -01 TO ALLOW ON -SITE CONSUMPTION OF BEER AND WINE VIA A TYPE -41 LICENSE FROM THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL IN CONJUNCTION WITH THE OPERATION OF AN EXISTING RESTAURANT LOCATED AT 3568 -3570 MARTIN LUTHER KING JR. BOULEVARD, WITHIN THE CONTROLLED BUSINESS (CB -1) ZONING DISTRICT. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: L Recitals (i) Mariela Gastelum, applicant and owner of the Mariscos Las Doradas Restaurant, located at 3568 -3570 Martin Luther King Jr. Boulevard, Lynwood, Ca 90262 has filed an application for issuance of Conditional Use Permit No. 2015 -01 to allow on -site consumption of beer and wine via a Type -41 license from the State Department of Alcoholic Beverage Control in conjunction with the operation of the existing restaurant. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the "application ". This resolution supplements any previous approvals for this location. (ii) On April 12, 2016, this Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred_ II. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: A. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals of this Resolution are true and correct. B. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans dated December 14, 2015, this Planning Commission hereby specifically finds as follows: CUP 2015 -01 1 PC Reso. No. 3346 1. The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code; The sale of alcoholic beverages in conjunction with a restaurant use is allowed in the Controlled Business (CB -1) zoning district with a Conditional Use Permit, per Appendix A of the Zoning. Therefore, the proposed project meets this finding. 2. The proposed use is consistent with the General Plan and any applicable specific plan or master plan. The proposed beer and wine sales in conjunction with the operation of an existing restaurant is consistent with the City of Lynwood General Plan because it contributes to the mix of retail and service commercial needs for the citizens of Lynwood, which in turn contributes to a sound local economy. For this reason, the request for a Conditional Use Permit for beer and wine sales meets this finding. 3. The approval of the conditional use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA). The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the California CEQA Guidelines, which exempts licensing of existing public or private structures as well as minor alterations to existing structures. The project is also exempt per Section 15061(b)(3) because the proposed alterations will not have an effect on the environment. 4. The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity. The location and operating characteristics of the requested conditional use permit, with the limitations described in the conditions attached, are compatible with the existing and anticipated future land uses in this area of the City because all activities will take place entirely within the leased interior tenant space. Furthermore, the subject site is located along a retail corridor (Martin Luther King Jr. Boulevard), which has a number of restaurants that also serve alcohol. The location and operating characteristics of the restaurant is compatible with the existing and future land uses of commercial retail uses in the vicinity. C. In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Conditional Use Permit No. 2015 -01 subject to the following conditions: CUP 2015 -01 2 PC Reso. No. 3346 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Accordingly, to the fullest extent permitted by law, Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 3. Beer and wine sales shall be limited to the hours of 11:00 A.M. to 10:30 P.M. Sunday- Thursday, and 11:00 A.M. to 11:00 P.M. Friday- Saturday, unless more restrictive hours are established by the State of California Department of Alcoholic Beverage Control (ABC), in which case, those hours would apply. 4. Alcoholic beverages may be sold for on- premise consumption only, and consumption of alcohol shall be confined on the premises. 5. The restaurant shall comply with all requirements of the State of California Department of Alcoholic Beverage Control (ABC) and the County of Los Angeles Sheriffs Department. 6. All current and future tenants /owners shall accept the conditions of this Conditional Use Permit by executing the Affidavit of Acceptance provided by the Department of Development, Compliance and Enforcement Services. CUP 2015 -01 3 PC Reso. No. 3346 7. The City reserves the right to further review of the Conditional Use Permit and conditions of approval should complaints be received from adjacent residents /tenants or should the number of incidents reported to the Sheriff's Department exceed the number expected in this type of development. APPROVED this 12 day of April, 2016 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services Jorge Casanova, Chairperson APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel CUP 2015 -01 4 PC Reso. No. 3346 RESOLUTION NO. 3352 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2015 -04 TO ALLOW A REDUCTION OF THE REQUIRED NUMBER OF PARKING SPACES FOR AN EXISTING RESTAURANT LOCATED AT 3568 -3570 MARTIN LUTHER KING JR. BOULEVARD, WITHIN THE CONTROLLED BUSINESS (CB -1) ZONING DISTRICT. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: I. Recitals (i) Mariela Gastelum, applicant and owner of the Mariscos Las Doradas Restaurant, located at 3568 -3570 Martin Luther King Jr. Boulevard, Lynwood, Ca 90262 has filed an application for issuance of Variance No. 2015 -04 to allow a reduction in minimum number of required parking spaces from 74 to 57. Hereinafter in this Resolution, the subject Variance request is referred to as the "application ". This resolution supplements any previous approvals for this location. (ii) On April 12, 2016, this Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. II. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: A. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals of this Resolution are true and correct. B. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans dated December 14, 2015, this Planning Commission hereby specifically finds as follows: VAR 2015 -04 1 PC Reso. No. 3352 1. That the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations. The Applicant is requesting approval of a variance to allow a reduction in required on -site parking. Denial of the request would result in practical difficulties and unnecessary hardships for the existing restaurant, which has been successfully operating within an approximate 2,700 square foot portion of the existing 11,240 square foot building located on the subject property since 2005. The subject property is located at 3568 -3570 Martin Luther King Jr. Boulevard and is developed within a commercial building that was constructed in 1981. When the existing building was constructed, the required on -site parking spaces were less than the requirements that exist today. The code revisions that require more parking for new uses in older buildings creates practical difficulties and necessary hardships for both the owners of these older buildings as well as the businesses that occupy them. The general purpose and intent of the zoning regulations is not to prohibit or constrain the re -use of older commercial buildings with limited on -site parking. In the instant case, the strict application of current parking requirements for an existing use within an older commercial building will result in practical difficulties and unnecessary hardships, which are inconsistent with the purpose and intent of the zoning regulations. 2. That there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings, that do not generally apply to other property in the same zone and vicinity. The subject property is located on Martin Luther King Jr. Boulevard, amid a neighborhood commercial strip that was first developed in the early 1980's. The subject property is improved with an approximate 11,240 square foot commercial structure that now has multiple tenants. The Mariscos Las Doradas Restaurant has occupied their 2,700 square foot space since 2005. The special circumstances that resulted in the requested variance, will continue to be pertinent, including the limited parking on the subject property and the scarcity of parking in the general vicinity. When the subject building and other commercial structures in the surrounding area were developed, they did not typically provided on -site parking consistent with today's requirements. As the commercial structures along Martin Luther King Jr. Boulevard have been occupied by a variety of successful retail and restaurant uses, the parking that is available has become increasingly scarce. Staff has determined that the scarcity in parking, VAR 2015 -04 2 PC Reso. No. 3352 at the time, was caused by a lack of parking and high parking demand by other uses. Additionally, there was high demand for street parking on either side of Martin Luther King Jr. Boulevard and commercial patrons were utilizing street parking on the adjacent residential streets. 3. That such variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question. The subject propertyfronts Martin Luther King Jr. Boulevard and is amid a commercial corridor containing an assortment of retail and restaurant uses. The approximate 11,240 square foot subject building was constructed in 1981, around the same time many of the surrounding commercial and residential buildings were constructed. A number of the older commercial buildings along Martin Luther King Jr. Boulevard, including the subject building, lack parking spaces consistent with today's standards. The proposed variance will allow the continued operation of Mariscos Las Doradas. The uses along Martin Luther King Jr. Boulevard include commercial and restaurant uses, similar in operation to the continued restaurant use. The lack of sufficient parking for these commercial uses requires businesses, including the Applicant, to consider relocating in order to best serve customers. Because of the special circumstances, described above, the Applicant requires the requested variance in order to continue operation of the existing restaurant on the subject property. 4. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Granting the requested variance will allow the continued operation of the existing restaurant and will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. Mariscos Las Doradas has been successfully operating at this location since 2005 and has proved to be a complementary use and an asset to the commercial corridor along Martin Luther King Jr. Boulevard. Mariscos Las Doradas is a convenient location for nearby residents and is compatible with the surrounding uses. VAR 2015 -04 3 PC Re5o. No. 3352 The area of Martin Luther King Jr. Boulevard surrounding the subject property was developed in the early 1980's. The existing building as well as a number of the surrounding commercial buildings are older and lack parking spaces consistent with today's standards. The reduction in parking will not be materially detrimental to the public welfare or injurious to property or improvements in the same zone or vicinity. 5. That the granting of the variance will not adversely affect the General Plan. The proposed project is consistent with the adopted Lynwood General Plan, which designates the subject property for Commercial land uses corresponding to the Controlled Business (CB -1) Zoning District. The subject property is located within the Controlled Business (CB -1) Zoning District, which permits the restaurant use. The proposed variance is in harmony with the various elements and objectives of the General Plan inasmuch as the reduction in required parking spaces will allow the continued operation of the existing restaurant. A use which is consistent and compatible with the uses in the adjacent and surrounding area, as well as the stated desires and objectives of the adopted Lynwood General Plan. Granting the requested variance will allow the Applicant to continue operating within a portion of the existing building on the subject property in a manner that compliments and is generally consistent with the other commercial uses in the surrounding area. Thus the proposed variance will not adversely affect any element of the General Plan. 6. The Planning Commission hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 3(b), Section 15303 of Division 6 of Title 14 of the California Code of Regulations. C. In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Variance No. 2015 -04 subject to the following conditions: 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court costs or any other costs arising out of or in any way related to the issuance of this Variance, or the activities conducted pursuant to this Variance. VAR 2015 -04 4 PC Reso. No. 3352 Accordingly, to the fullest extent permitted by law, Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of this Variance, or the activities conducted pursuant to this Variance. Mariscos Las Doradas, Mariela Gastelum, and its representative(s), or its successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulation applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 3. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, and by all City Departments to legalize the interior tenant improvements. 4. Prior to issuance of a building, the existing Radio Shack signage area shall be painted over to match the existing front wall and facade color. 5. The applicant shall comply with the regulations set forth in Lynwood Municipal Code Section 25 -25 -7 (Entertainment Establishments). 6. Prior to the issuance of building permit, the existing window signage shall be adjusted not to exceed twenty five percent (25 %) of the glass face or window. Such window signs shall be maintained in good condition at all times. 7. All current and future tenants /owners shall accept the conditions of this Variance by executing the Affidavit of Acceptance provided by the Department of Development, Compliance and Enforcement Services. APPROVED this 12 day of April, 2016 by members of the Planning Commission, voting as follows: VAR 2015 -04 5 PC Reso. No. 3352 AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services Jorge Casanova, Chairperson APPROVED AS TO FORM: David A. Garcia, City Attorney Planning Commission Counsel VAR 2015 -04 6 PC Reso. No. 3352 AM& City qf LYNWOOD _ j -{ Ofy ., Wtog Ci ffepgn 1 11330 BULOS ROAD LYNWOOD, CALIFORNIA 90262 (310) 8010220 DATE: April 12, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: Erika Ramirez, Department of Development, Compliance and Enforcement Services. Karen Figueredo, Planning Associate SUBJECT: Variance No 2016 -01 to reduce the required side yard setback from five feet (5) to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty (50 %) to legalize an existing 1,050 square foot unenclosed patio cover attached to the existing single family residence. The property is located at 12308 Thorson Avenue in the R -1 (Single Family Residential) zone. APPLICANT: Enrique Lucatero RECOMMENDED ACTION 1. DETERMINE That Variance No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there are under pursuant to Sections 15303(e) (New Construction of Conversion of Small Structures). 2. APPROVE Resolution No. 3359 thereby approving Variance No 2016 -01 to reduce the required side yard setback from five feet (5) to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to VAR No. 2016 -01 1 March 29, 2016 fifty (50 %) to legalize and existing 1,050 square foot unenclosed patio cover attached to the existing single family residence. RECOMMENDED ACTION "I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION APPROVE RESOLUTION NO. 3359 BASED ON THE FINDINGS OUTLINED IN THE ATTACHED RESOLUTION" The applicant is requesting consideration of a Variance to reduce the minimum required side setback from five feet (5) to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty percent (50 %) in order to legalize an existing 1,050 square foot unenclosed patio cover attached to the existing single family residence (SFR) on property located at 12308 Thorson Avenue, further described as Assessor's Parcel Number 6186 - 008 -006. The subject property is located in the R -1 (Single Family Residence) zone, at the east side of Thorson Avenue between Lavinia Avenue and Carlin Avenue. BACKGROUND On October 13, 2013, the applicant was issued building permit #B- 003999 to construct a new 3 -car garage and addition to a single family residence. On July 28, 2015, a "Stop Work Order" was issued for construction work being conducted outside the scope of permit #13- 003999. During this visit, City staff observed the unpermitted patio cover attached to the existing single family residence. On August 31, 2015, the property owner applied for a Minor Variance requesting to legalize the construction of the patio cover. On September 18, 2015, staff mailed a response letter to the applicant advising the request to legalize the construction of the patio cover was denied. The letter explained the Minor Variance criteria set forth in the Lynwood Municipal Code, which was not met by the applicant. Specifically, a Minor Variance may be granted if there is a 3 ft minimum side yard setback maintained on the property. In addition, (please explain the maximum lot coverage that can be considered by a minor variance). Any other deviation is considered a Major Variance. (see attachment). Communication between the property owner and staff has been maintained to date. On February 23, 2016 the property owner applied for a Variance to be heard before the City of Lynwood's Design Review Board (DRB) & Parking and Business Improvement District Advisory Board (PBIDAB). DISCUSSION VAR No. 2016 -01 March 29, 2016 The subject property is located at the east side of Thorson Avenue between Lavinia Avenue and Carlin Avenue. Single family residences surround the subject property. Section 25 -135 of the Lynwood Municipal Code (LMC) provides the variance procedure in which an applicant can be granted relief from zoning provisions when, because of special circumstances applicable to a property including size, shape, topography, location, or surroundings, the strict application of the zoning code would deprive a property of privileges enjoyed by other properties in the vicinity and under the identical zoning classification. Table 20 -1 of the LMC provides basic development standards for residential properties related to setbacks, minimum lot dimensions, maximum lot coverage, maximum heights and landscaping. Based on the development standards for the R -1 zoning district the applicant must obtain a variance from two specific development standards: 1. A reduction in the minimum side yard setback from five feet (5') to two feet (2'). 2. An increase in the maximum lot coverage by building from forty percent (40 %) to fifty percent (50 %). By attaching the patio cover at the side of the primary residence, the property owner encroached into the side yard setback. According to the Lynwood Municipal Code, a five feet (5') side yard is required to be maintained. Prior to the construction of the patio cover two landings /steps were already located within the driveway. A variance is required to maintain a two feet (2') side yard setback in order to maintain the patio and have clear access to the garage located at the rear of the property. Following are the findings followed by staff determinations of the project in relation to the required findings. 1. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The Lynwood Municipal Code (LMC) Section 25 -65 -7 (C)(1) requires a minimum driveway width of twenty feet (20') for one way traffic. The property currently has an existing seventeen feet -four inches (17' -4 ") wide driveway, and two four feet (4') long landings /steps encroaching onto the existing driveway. The existing driveway clearance is eleven feet -four inches (11' -4 "). A variance could allow the applicant to keep the existing patio with vehicle accessibility to the garage located at the rear of the property. The Lynwood Municipal Code Table 20 -1 allows a maximum lot coverage of forty percent (40 %) in the R -1 (Single Family Residential) zone. The patio cover has to be VAR No 2016 -01 March 29, 2016 extended in order to provide a clear access to the garage located at the rear of the property; which will increase the lot coverage by ten percent of the maximum forty percent allowed by the LMC. 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. The applicant's variance request is necessary for the preservation and enjoyment of substantial property rights that are possessed by other properties in the vicinity and zone. Due to residence driveway location and SFR configuration, the subject property cannot be developed to the same extent (lot coverage, setback, etc.) that other properties enjoy. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. The applicant's proposal to legalize the unenclosed patio would not be detrimental, will not impair the existing single - family homes nor impair other development opportunities of the existing adjacent properties. The proposed construction will be required to comply with the most recent edition of the adopted building code requirements and will be inspected by a City building inspector. 4. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The patio would not extend beyond the existing fence line separating the adjacent property. Meeting the existing setbacks would not allow a functional patio area and there are no property owners impacted by the variance request. The project patio is in harmony with the scale of the existing building and project improvements. The patio is not a hard roof structure and does not impact abutting properties. The application indicates that the abutting property owners have no objections to the variance request. 5. That the Variance does not grant special privilege to the applicant. The variance request does not grant special privilege to the applicant because the applicant is required to comply with all applicable zoning and building regulations as well as with the policies and goals established by the City's General Plan. 6. That the Variance request is consistent with the General Plan of the City of Lynwood. VAR No. 2016 -01 4 March 29, 2016 The granting of the variance will not result in development which is otherwise inconsistent with the provisions of the General Plan in that the request will not diminish property values or alter the character of the surrounding area. Also, the request will provide and maintain a residential character. STAFF RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. DETERMINE That Variance No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there are under pursuant to Sections 15303(e) (New Construction of Conversion of Small Structures). 2. APPROVE Resolution No. 3359 thereby approving Variance No 2016 -01 to reduce the required side yard setback from five feet (5') to two feet (2') and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty (50 %) to legalize and existing 1,050 square foot unenclosed patio cover attached to the existing single family residence. Attachment: 1. APN MAP 2. AERIAL PHOTO 3. MV no. 2015 -01 LETTER DATED 9/28/15 4. RESOLUTION NO. 3359 VAR No. 2016 -01 5 March 29. 2016 APN MAP �mm WO�H'OI Ldf MWTIM fG � y 7 a � Ag7"y a a a da 11,F�ti4 na' �¢ holl PC e '~ VAR No. 2016 -01 6 March 29, 2016 �1 J tj 1- 0 1) 1 1 0 September 28, 2015 Enrique Lucatero 8 P.O. Box Downey, CA 90239 City of LYNWOOD � ,A Ctiy Meeiieg Ci1aKvP9es 111V 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 1310) 603-0220 RE: Minor Variance No. 2015 -01 12308 Thorson Ave. Lynwood, CA 90262 Mr. Lucatero, City staff has reviewed your application for a Minor Variance requesting to decrease the minimum side yard setback for an unpermitted patio cover from five (5) feet to two (2) feet. Lynwood Municipal Code Section 25 -140.1 authorizes the approval of a minor variance when, due to special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this zoning code deprives such property of privileges enjoyed by others in the vicinity and under the identical zoning classification. Planning staff has reviewed the proposed variance, and has determined that a variance cannot be granted. While some of the Minor Variance findings are consistent with your request, the variance cannot be granted based on following: 1. LMC Section 25 -140 -1 (c) Allows up to a forty percent (40 %) reduction of the required side yard setback, provided that a setback of at least three feet (31 is maintained, consistent with the requirements of the applicable fire code. Plans submitted shows two (2) feet side yard setback which does not meet the minimum requirement. 2. LMC Table 20 -1 (D) allows maximum lot coverage of forty percent (40 %) for R -1 (Single Family Residential) zone. The proposed patio exceeds the allowable lot coverage. 3. Proposed gate is located within the twenty feet (20� front yard setback, in order to maintain the proposed six feet (61 high gate, the gate shall be relocated. 4. LMC Table 20 -1 (H) requires a minimum front yard setback of twenty feet (20�. Plan shows the proposed patio encroached into the front yard setback. Further, there are no special circumstances or exceptional characteristics applicable to the property involved, such as the size, shape, topography, location, or surroundings which are not generally applicable to other properties in the same vicinity and under an identical zoning classification. The proposed variance is not necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other properties in the same vicinity and zone. The granting of the variance will be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. If you have any further questions regarding this determination, please feel free to contact me at (310) 603 -0220 x 247. Sincerely, Karen Figueredo -- Planning Associate Development Services Department RESOLUTION NO. 3359 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2016 -01, REQUEST TO REDUCE THE MINIMUM REQUIRED SIDE YARD SETBACK FROM FIVE FEET (5') TO TWO FEET (2') AND TO ALLOW AN INCREASE IN THE MAXIMUM LOT COVERAGE FROM FORTY PERCENT (40 %) TO FIFTY PERCENT (50 %) IN ORDER TO LEGALIZE AN EXISTING 1,050 SQUARE FOOT UNENCLOSED PATIO COVER ATTACHED TO THE EXISTING SINGLE FAMILY RESIDENCE AT 12308 THORSON AVENUE, IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT. WHEREAS, an application has been filed by Enrique Lucatero, pursuant to the City of Lynwood Municipal Code (LMC), for consideration of a Variance to reduce the minimum required side setback from five feet (51 to two feet (2) and to allow an increase in the maximum lot coverage from forty percent (40 %) to fifty percent (50 %) in order to legalize an existing 1,050 square foot unenclosed patio cover attached to the existing single family residence (SFR) on property located at 12308 Thorson Avenue, further described as Assessor's Parcel Number 6186 - 008 -006. The subject property is located in the R -1 (Single Family Residence) zone, at the east side of Thorson Avenue between Lavinia Avenue and Carlin Avenue; and WHEREAS, the City of Lynwood Planning Commission, pursuant to law, on April 12, 2016, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing ; and WHEREAS, the Department of Development, Compliance and Enforcement Services has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(e), therefore; Section 1. The Planning Commission hereby finds and determines as follows: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. The Lynwood Municipal Code (LMC) Section 25 -65 -7 (C)(1) requires a minimum driveway width of twenty feet (20� for one way traffic. The property currently has an existing seventeen feet -four inches (17'4 wide driveway, and two four feet (47 long landings /steps encroaching onto the existing driveway. The existing driveway clearance is eleven feet -four inches (11' -fl. A variance could allow the applicant to keep the existing patio with vehicle accessibility to the garage located at the rear of the property. The Lynwood Municipal Code Table 20- 1allows a maximum lot coverage of forty percent (40 %) in the R -1 (Single Family Residential) zone. The patio cover has to be extended in order to provide a clear access to the garage located at the rear of the property; which will increase the lot coverage by ten percent of the maximum forty percent allowed by the LMC. B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. The applicant's variance request is necessary for the preservation and enjoyment of substantial property rights that are possessed by other properties in the vicinity and zone. Due to residence driveway location and SFR configuration, the subject property cannot be developed to the same extent (lot coverage, setback, etc.) that other properties enjoy. C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. The applicant's proposal to legalize the unenclosed patio would not be detrimental, will not impair the existing single - family homes nor impair other development opportunities of the existing adjacent properties. The proposed construction will be required to comply with the most edition of the adopted building code requirements and will be inspected by a City building inspector. D. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The patio would not extend beyond the existing fence line separating the adjacent property. Meeting the existing setbacks would not allow a functional patio area and there are no property owners impacted by the variance request. The project patio is in harmony with the scale of the existing building and project improvements. The patio is not a hard roof structure and does not impact abutting properties. The application indicates that the abutting property owners have no objections to the variance request. E. That the Variance does not grant special privilege to the applicant. The variance request does not grant special privilege to the applicant because I the applicant is required to comply with all applicable zoning and building regulations as well as with the policies and goals established by the City's General Plan. F. That the Variance request is consistent with the General Plan of the City of Lynwood. The granting of the variance will not result in development which is otherwise inconsistent with the provisions of the General Plan in that the request will not diminish property values or alter the character of the surrounding area. Also, the request will provide and maintain a residential character. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2016 -01, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEPARTMENT OF DEVELOPMENT COMPLIANCE AND ENFORCEMENT SERVICES 1. The Variance must be acted upon within one year. The Variance shall become null and void 365 days from the date of approval if not acted on within this period. The expiration dtae is April 12, 2017. 2. The Project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be in compliance with the plans approved by the City of Lynwood Planning Commission dated April 12, 2016 and on file in the Department of Development Compliance and Enforcement, Planning Division. 4. The applicant shall sign a Statement of Acceptance stating he /she has read, understands, and agrees to the conditions of this resolution. 5. Any proposed subsequent modification of the subject site, land use, or structures, shall be first reported to the Department of Development Compliance and Enforcement, Planning Division for review. 6. Conditions of approval shall be printed on plans to submission to the Building and Safety Division for plan check. 7. Prior to obtaining a final from Building Division applicant or property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works /Engineer Department). 8. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,083. 9. The applicant /owner shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The applicant shall reimburse and indemnify the City, its agents, officers or employees for any award, court costs, and attorney's fees which the City, its agents, officers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve applicant /owner of his obligations under this condition. PLANNING DIVISION 10. This Variance does not allow any type of alterations to the existing single family residence. Prior to any changes to the existing structure the applicant needs to submit plans to the Department of Development Compliance and Enforcement for review. 11. The property owner shall maintain a pro - active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty-four (24) hours. BUILDING AND SAFETY DIVISION 12. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. .The California Building Code - 2013 edition; *The California Plumbing Code - 2013 edition; .The California Mechanical Code - 2013 edition .The Los Angeles County Fire Code — 2013 edition; *The National Electrical Code — 2013 edition; All as amended by the California Building Code of 2013. 4 In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. 13. Applicant /property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. DEPARTMENT OF PUBLIC WORKS/ ENGINEERING DIVISION 14. A permit from the Engineering Division is required for all off -site improvements. 15. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 16. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING THE CERTIFICATE OF OCUPANCY 16.1 Reconstruct damaged and substandard drive approach per S.PP.W.C. STD. DWG. 110 -2 TYPE A (to be used for ingress and egress as shown on the site plan). LOS ANGELES COUNTY FIRE DEPARTMENT 17. The Fire Department's Land Development Unit has no requirements for this permit. 18. Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Unit shall be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office refer below for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 19. Submittal for review of the tenant improvement is required. Refer above for Fire Prevention Engineering Building Plan Check contact information. Section 3. The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Sections 15303(e) (New Construction of Conversion of Small Structures). -5- Section 4. A copy of Resolution No. 3359 shall be delivered to the applicant. APPROVED AND ADOPTED this 12th day of April, 2016, by members of the Planning Commission, voting as follows: AYES NOES ABSENT: ABSTAIN APPROVED AS TO CONTENT: Erika Ramirez, Interim Director Department of Development, Compliance and Enforcement Services Jorge Casanova, Chairperson APPROVED AS TO FORM: David Garcia, City Attorney Planning Commission Counsel MM AGENDA STAFF REPORT DATE: April 12, 2015 TO: Honorable Chair and Members of the Planning Commission, serving as the Business Improvement District Advisory Board FROM: Erika Ramirez, Interim Director Department of Development,' Compliance and Enforcement Services PREPARED BY: Bruno Naulls, Project Manager SUBJECT: Parking and Business Improvement District (P.B.I.D.) Acceptance of the Annual Spending Plan - Fiscal Year 16 -17 RECOMMENDED ACTION: 1. RECOMMEND City Council approval of the Fiscal Year 2016 -2017 (FY17) Draft Parking and Business Improvement District (PBID) Annual Spending Plan; 2. RECOMMEND the City of Lynwood City Council set a public hearing of June 7, 2016 to obtain public input and comments on the (FY17) Draft Parking and Business Improvement District (PBID) Annual Spending Plan; 3. RECEIVE AND FILE the PBID FY 2015 -2016 (FY16) Annual Spending Report. `I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION AS THE PARKING BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD RECOMMENDS THE CITY OF LYWNOOD CITY COUNCIL APPROVE THE FY17 DRAFT PARKING AND BUSINESS IMPROVEMENT DISTICT ANNUAL SPENDING PLAN, AND SET A PUBLIC HEAIRNG DATE OF JUNE 7, 2016 TO OBTAIN PUBLIC COMMENT ON THE SAID DRAFT SPENDING PLAN; AND THAT THE LYNWOOD PLANNING COMMISSION AS THE PARKING BUSINESS IMPROVEMENT DISCTRICT ADVISORY BOARD RECIEVES AND FILES THE PBID FY16 ANNUAL SPENDING REPORT". Background: On November 27, 1985, Lynwood Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District (PBID). PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The fundamental purpose of the PBID is to promote the economic revitalization and physical maintenance of the Lynwood business community. Section 3 of the Ordinance identifies the PBID Area as all of the territory within the boundaries of the City of Lynwood; and Section 4a of the Ordinance established the system of charge and the method each business would be assessed. The mandated levy imposed is 50% of the business license tax to all businesses located within the PBID area will be assessed each year. Discussion & Analysis: PBID assessments are levied as a fair and equitable way to provide funds to maintain, operate, and improve business areas in the City. The City expects to have approximately $417,700 in PBID funds available for FY17 spending and expects to receive an additional $175,000 in assessment funds by the end of the year. Staff has developed a spending plan to be considered by the PBID Board based on the needs of the District as determined by the completion of a Needs Assessment to identify costs and issues involved with maintaining and improving the City's business areas. The Plan does not utilize all available funds but leaves a contingency to allow for urgent needs and future endeavors. Economic Development Initiative The Economic Development Incentive focuses on the attraction of consumers, support and retention of businesses and attraction of new businesses to Lynwood through beautification and assistance. It will strive to address business related issues that may arise throughout the year and provide relief to businesses in need of assistance. The incentive will also provide funds to enhance infrastructure aesthetics that will promote commerce and consumer activity in our business district. The itemized list of activities is designed to improve the aesthetics of the City's business districts and assist in the promotion of commerce in Lynwood. All aspects of these activities are for the benefit and increase of consumer activity year round and in specific seasons where regular consumer activity tends to rise. Below provides a summary of the FY17 spending plan as well as the proposed activities and budget for the FY17. 2 Description Amount 1 Painting of curbs and intersections To enhance pedestrian safety throughout the business district $30,000 2 Planting of drought tolerant plants and /or trees To enhance appearance of the business district $20,000 3 City Gateway Signs To improve /replace signage and make consistent throughout $105,000 5 Commercial Sign Program Create and develop business sign enhancement program $20,000 6 Seasonal Decorations To enhance seasonal decorations in the business district $10,000 7 Marketing and Promotion Develop marketing and promotion strategies, advertisement materials, hold mixers, workshops and special events for $10,000 businesses 8 Surveillance Camera Monitoring Equipment Safety measure to deterrent crime in the business district $10,700 9 Street Sweeper Maintenance $47,000 Maintain the cleanliness of our business 10 Graffiti Removal Eradicating unsightly graffiti City's business district $51,000 11 Sidewalk Cleaning Services Maintain clean walkable approach to businesses $29,000 12 Boom Truck Purchase (50 %) This vehicle is described as a Lift Truck; which contains a man $85,000 bucket. This man bucket can be lifted vertically to a distance of 35- 40 feet and it is used in the following matter, 1. Repair and maintain lighting at City owned parking lots 2. Repair and install safety lights 3. Install banners on major boulevards for public events; such as Hazardous Waste Collection event, Electronic Waste event etc. 4. Install banners on arterial roads promoting school district learning events 5. Installation of Christmas decorations on high wires and other purpose decorations 6. Installation of banners for carnival activities and other public events 7. Installation of banners on light poles for Saint Francis Hospital to promote heath activities 8. Repair and maintain City owned Traffic Signal heads The Public Works Department (PW) estimated the cost of the vehicle at approximately $150,000 to $175,000. PW requested that the PBID to pay half of the purchase price. 13 PBID Contingency Amount $11,000 TOTAL FISCAL YEAR 2016 -2017 REQUEST $428,700 PBID FISCAL YEAR 2015 -2016 ANNUAL REPORT Past Expenditures Due to the nature of the expenditures requested in fiscal year 2015 -2016 (FY16) funds were not fully expended and are proposed for carryover into fiscal year 2016 -2017 (FY17). A summary of the FY16 spending plan and status is as follows: Economic Development Initiative: The Economic Development Incentive is to address overall assistance involving business related issues that may arise throughout the year and provide relief to businesses in need of assistance. The incentive will also provide funds to enhance infrastructure aesthetics that will promote commerce and consumer activity in our business district 1. City Gateway monument signs a. Project is being reassessed (carryover) 2. Parking lot and landscaping improvement a. Reduction in City staffing has caused the delay of Program implementation. Due to adjustments and continued Departmental reorganization and assessment, the Program may be resubmitted for possible implementation under a different scope in future. It is the desire of the City to assist the business community with aesthetic improvement that will attract and enhance consumer activity and the overall quality of life in Lynwood. 3. To Develop plans or concepts to market the existing businesses in Lynwood a. No Activity 4. To create marketing schemes to attract new business to our City. a. No Activity 5. To address other infrastructure signage in business districts as needed, a. No Activity 6. To address architectural requirements and fees related to Business District landscape and streetscape plans. a. No Activity 7. Advertisement of, and special events to promote new and existing businesses within Lynwood throughout City and during events and necessary equipment purchases and or rentals at certain trade events such as Farmer's Markets and Street Fairs. a. The Lynwood Farmer's Market & Street Fair was held between the months of June and September. It was an opportunity for local 4 businesses to display and sale merchandise at a centralized location of Yvonne Burke Ham Park. Funds were used to pay for certification, rental equipment and attractions at the event. 8. Business Conventions -No activity 9. Provide funding to purchase banners and flyers a. Funds were utilized to purchase street and pole signs to advertise the farmer's market & street fair Surveillance Camera Monitoring Equipment: $14,645 Surveillance cameras have had a positive impact on the Lynwood business community. Crime has substantially been reduced which allows business owners to operate more efficiently throughout the year. Crime not only includes theft, but also includes graffiti and vandalism. The presence of cameras is a deterrent and if a crime occurs, the conviction rate increases with the ability to identify those responsible. The proposed cost for the equipment to monitor these cameras will be $14,645. (See attached Camera Program memo). Street Sweeper Maintenance Contract: $30,000 Street sweeping is a needed service to maintain the cleanliness of our business thoroughfares. The service has a direct and positive effect on the businesses of our City and has been deemed an eligible expense for PBID funds. The annual cost for this service as it applies to Lynwood's business districts is $30,000. The contract for said services is attached. Partial Payment of Boom Truck — Public Works: $85,000 We requested funding for approximately 50% of the cost of the Lift Truck. It is estimated that Lift Truck would cost approximately $150,000 to $175,000. Pricing information is attached for your review. The payment for the Lift truck will not occur until Fall 2016. Carryover of Funds will be required. Unused funds: The estimated fund carry over from FY16 appropriated funds is $428,700, including the project budgets listed above. The amounts stated in this report are estimates and the costs may be more or less than indicated. Fiscal Impact: The annual PBID assessment is billed through the Business License System, with annual renewals mailed out in December of each year. The proposed 5 expenditures for FY16 revenue is approximately $175,000 with carryover of approximately $428,700 to cover costs associated with proposed FY16 fund appropriations. It is estimated that a PBID assessment equal to 50% of the annual Business License Fee with stated carryover will result in sufficient revenue to cover the identified costs (FY17 Spending Plan) that are exclusively for the benefit of the Parking and Business Improvement District as mandated by Ord. #1262. 0 MMaeOpportunity Number: Lynwood ae Quotation Number: Alter Industries, Inc. NJPA Contract #: 31014 -ALT Data: Quoted for: Albert G. BODY Customer Contact: Kevin Phone: /Fax: /Email: BODY & CHASSIS ACC Quoted by: Albert G Phone: /Fax: /Email: 961 -751 -6498 ELECTRICAL Altec Account Manager: Albert Gutierrez $2,723 fA.l NJPA OPTIONS ON CONTRACT (Unit) 1 AT40P- PERSONEL Non- Matenal Handling Platform AT40P) - $2,940 UNIT & HYDRAULIC ACC 3 BODY 4 BODY & CHASSIS ACC 5 ELECTRICAL Whelen Strobe ILO Standard & Whalen Light Bar $2,723 OPTIONS (B.) OPEN MARKET ITEMS (Customer Reouested) 1 UNIT UNIT & HYDRAULIC ACC BODY BODY & CHASSIS ACC 5 ELECTRICAL Whelen Strobe ILO Standard & Whalen Light Bar $2,723 6 FINISHING CHASSIS 8 OTHER 2016 Gas F550 ILO 2014 Deisel F550 - $4,508 OPEN MARKET OPTIONS TOTAL: - $1,785 SUB -TOTAL FOR UNIT /BODYICHASSIS: $107,477.00 Taxes @ 9%: 9.672.93.00 Additional ii Options: o,.r ...•.• ....." �. Ga ter's are nci ,r,.,,uuo i tote; a 6.c Delivery to customer: $6,00V U0 TOTAL FOR UNIT /BODY /CHASSIS: $137,121. BE 1 "Pricing valid for 45 days" NOTES PAINT COLOR: White to match chassis, unless otherwise specified WARRANTY: Standard Altec Warranty - One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for travel charges (Mobile Service) Limited Lifetime Structural Warranty . Chassis to include standard warranty, per the manufacturer. (Parts only warranty on mounted equipment for overseas customers) TO ORDER: To order, please contact the Altec Inside Sales Representative listed above. CHASSIS: Per Altaic Commercial Standard DELIVERY: No later than 240 -270 days ARO, FOB Customer Location TERMS: Net 30 days BEST VALUE: Alter boasts the following "Best Value' features: Allec ISO Gnp Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web /CD Based Training, Dedicated/Direct Gov't Sales Manager, In -Service Training with Every Order. TRADE -IN: Equiptment trades must be received in operational condition (as initial inspection) and DOT compliant at the time of pick -up. Failure to comply with these requirements, may result in customer bill -back repairs. BUILD LOCATION: Creedmoor, NC SUPPORT SERVICES Altec Industries, Inc. 2882 Pomona Blvd Pomona, CA 91768 (909) 444 -0444 s o CITY OF LYNWOOD 0 11330 BULLIS RD LYNWOOD, CA 90262 TUnited States Please Remit To: Altec Industries, Inc P.O. Box 11407 Birmingham AL 35246 -0414 S IH CITY OF LYNWOOD P 2882 POMONA BLVD POMONA, CA 91768 -0000 0 United States entente, No 28701 SERVICE INVOICE Invoice No Invoice net 2209376 06- NOV -14 Request No Request Date 2209376 29- OCT -14 Teems sale order No NET 30 NIN S IH CITY OF LYNWOOD P 2882 POMONA BLVD POMONA, CA 91768 -0000 0 United States entente, No 28701 Site No Site No Cuaomer Order No no—mbv No Customer Vehicle No Contact Name KEVIN PERIM.AN Contact Phone No 310- 603 -0220 to SS"ce Daze Device Senal No Model AT40P technician 0776 POMONA SERVICE CTR Odometer NIN Garage L. Plate No Diver Eng. Meter Reading PI'OHOUra Cmdit Flew Card lntormavon Cie. No VMS Note UP No,, pnanfiry UOM Pan Number Oeecripnon mce Extended Price Charge 28 HRS 970003681 LABOR; SPM $2,968.00 WORK LIGHTS $2,500.00 SPOT LIGHT $329.34 INVERTER, BATTERIES, CABLE $4,477.02 GFCI OUTLETS $408.12 LADDER RACK $1317.20 WATER CASK, WATER COOLER $152.54 POLE STYLE CONE HOLDER $237.75 SHOP SUPPLIES $180.00 FREIGHT $500.00 CALL REASON: UPFIT NEW AT40P. CAUSE: CUSTOMER REQUEST CORRECTION: I. INSTALLED LIGHT BAR ON TOP OF THE CAB, TWO FORWARD LED WORK LIGHTS, FOUR CORNER 6 LED MODULE, FOUR AMBER FORWARD FACING LED MODULES, ONE FULL FACING TRAFFIC DIRECTOR. 2. INSTALLED GO -LITE SPOTLIGHT ASSEMBLY ON TOP OF THE CHASSIS CAB (INSIDE CONTROLS AND REMOTE). 3. INSTALLED 3600 WATT DIMENSIONS INVERTER, TWO AUXILLARY BATTERIES, ETC. 4. INSTALLED GFCI OUTLETS IN THE CURBSIDE TAILSHELF AND FRONT BUMPER. 5. INSTALLED ALUMINUM LADDER RACK ON TOP OF THE STREETSIDE BODY COMPARTMENT. 6. INSTALLED 5 GALLON WATER CASK AND WATER COOLER ON TOP OF THE FIRST VERTICAL CURBSIDE BODY COMPARTMENT. 7. INSTALLED POLE STYLE CONE HOLDER AT THE REAR STREETSIDE TAILSHELF. Sub Total $13,069.97 Total Ta. $892.98 Totalmvmce $13,962.95 CONTRACT AMENDMENT TO STREET SWEEPING SERVICES WHEREAS, the City of Lynwood, herein after called City and Nationwide Environmental Services, herein after called Contractor, have entered into a contract amendment, dated January 18, 2011, which Agreement sets forth the terms and conditions for the City's street sweeping services; and WHEREAS, the contract amendments revise the contract terms and adjusted service compensation; and WHEREAS, the Contractor is willing to continue service to the City; and NOW, THEREFORE in consideration of mutual covenants and agreements hereinafter contained, the parties hereto do hereby agree as follows: 1. The term of this Agreement, as amended, shall continue in full force and effect for ten (10) years commencing on February 1, 2011, and expiring on January 31, 2021, provided, however, commencing on February 1, 2012, and on each anniversary date of every year thereafter, an automatic one -year extension shall be applied to said Agreement so that the term of the Agreement shall remain at ten (10) years. 2. The Parties agree that should the City or the Contractor desire that the automatic one -year renewal and extension provision herein be terminated, such Party shall give the other Party written notice of such termination sixty (60) days prior to any anniversary date of any year during which this Agreement is in full force and effect. Such notice will terminate the one -year renewal and extension provision herein, and the Agreement shall remain in full force and effect for a ten (10) year term. 3. The contract agreement amendment highlights are listed below: Add the following sidewalks to be power swept on a bi- weekly basis for an additional cost of $2,080 per month. Long Beach Blvd. (City limit to City limit) East side curb, northbound sidewalk, 2.95 linear miles (179,124.0 sq. ft.) West side curb, southbound sidewalk, 2.88 linear miles (176,873.0 sq. ft.) Atlantic Ave. (City limit to City limit) East side curb, northbound sidewalk, 2.03 linear miles (110,399.0 sq. ft.) West side curb, southbound sidewalk, 2.01 linear miles (108,250.0 sq. ft.) City of Lynwood Contract Amendment Page 2 of 3 Imperial Hwy. (State _St. to MLK Blvd.) North side curb, westbound sidewalk, 1.04 linear miles (54,912.0 sq. ft.) South side curb, eastbound sidewalk, 1.04 linear miles (54,912.0 sq. ft.) • MLK Blvd. (Long Beach Blvd. to Bullis Rd.) North side curb, westbound sidewalk, 1.60 linear miles (93,773.0 sq. ft.) South side curb, eastbound sidewalk, 1.60 linear miles (93,773.0 sq, ft.) Also, revise certain existing articles of the agreement to read as follows: Article IV, Services, Section 4.1C. Services — Add President's Day as a City recognized holiday. Article VII, Compensation, Section 7.1 Compensation to contractor will be reduced by $25,000 annually. Article VII, Compensation, Section 7.4 Annual CPI adjustments will be capped at four percent (4 %) instead of five (5 %) starting in the FY year 2011 -2012; No CPI, will be considered for the FY year 2010- 2011. Article IX, Term, Section 9.1. Term — Revise section to read, the term of this Agreement, as amended, shall continue in full force and effect for ten (10) years commencing on February 1, 2011, and expiring on January 31, 2021, provided, however, commencing on February 1, 2012, and on each anniversary date of every year thereafter, an automatic one -year extension shall be applied to said Agreement so that the term of the Agreement shall remain at ten (10) years. The Parties agree that should the City or the Contractor desire that the automatic one - year renewal and extension provision herein be terminated, such Party shall give the other Party written notice of such termination sixty (60) days prior to any anniversary date of any year during which this Agreement is in full force and effect. Such notice will terminate the one -year renewal and extension provision herein, and the Agreement shall remain in full force and effect for a ten (10) year term. 4. All other terms and conditions of said Agreement and previously executed amendments remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this first amendment to the Services Agreement this 18th day of January, 2011. City of Lynwood Contract Amendment Page 3 of 3 DATED: BY: MAY R CITY OF LYNWOOD DATED: 11-3 I I BY: (:;�, NATI NME ENVI ONMENTAL SERVICES PROFESSIONAL SERVICES AGREEMENT This agreement ( "Agreement ") is made as of May 1, 2015 by and between the City of Lynwood, a municipal corporation ( "City") and CONVERGINT TECHNOLOGIES a California corporation. City and Convergint Technologies are sometimes hereinafter individually referred to as a "Party' and collectively referred to as the "Parties." RECITALS WHEREAS, City desires to utilize, the services of Convergint Technologies as an independent contractor to provide video surveillance camera maintenance to the City as set forth in the attached Exhibit A; and WHEREAS, Convergint Technologies 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. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Comparry's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Convergint Technologies are as described in Exhibit A. B. Time of Performance. Convergint Technologies shall complete the specific services according to the schedule of performance which is also set forth in Exhibit A. 2. Term of Agreement. This Agreement shall commence on May 1, 2015 (the "Commencement Date ") and shall terminate on May 1, 2018 (the "Termination Date "), unless sooner terminated pursuant to the provisions of this Agreement. In the event the Parties do not enter into a new agreement prior to the Temtination —Dater this Agreement shall continue on a month-to -month basis under the same terms for a period not to exceed three months following the Termination Date. if the Parties execute no new agreement by the end of the three -month period following the Termination Date, this Agreement shall terminate at the end of such three -month period. 3. Compensation. A. City agrees to compensate Convergint Technologies for services under this Agreement in compliance with the schedule set forth in Exhibit A. Convergint Technologies shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Convergint Technologies shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request. B. Total payment to Convergint Technologies pursuant to this Agreement shall be set at a not to exceed maximum compensation of $35,000 for this three year contract, which shall be payable as set forth in the Scope of Services, Time Performance, and Compensation Schedule in the attached Exhibit A, and which includes any request for reimbursement, if any, submitted pursuant to Section C, below. C. If at the request of the City, Convergint Technologies is required to incur out of pocket expenses (including but not limited to, out -0f - -town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement; Convergint Technologies shall be entitled to reimbursement of such expenses. Convergint Technologies shall only be reimbursed for those expenses which: (1) appear on Consultant's monthly invoices; (11) are accompanied by a copy of the Citys written authorization for Convergint Technologies to incur such expenses; and (111) receipts documenting such expenses. 4. General Terms and Conditions. The General Terns and Conditions set forth in Exhibit B 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 City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: J. Amoldo Beltran, City Manager Company Convergint Technologies 1667 North Batavia Street Orange, CA 92867 Attn: Brian Sweet 6. Exhibits. All exhibits 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, Time of Performance and Compensation Schedule (one (1) page) Exhibit B — General Terms and Conditions (nine (g) pages) SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY CITY OF LYNWOOD / By. f ql -S 7:iZm'oldc uis Solache, M or Date By: k.t � -io t2-�� 2� 15 Beltran, City Manager Date COMPANY CONVERGINT TECHNOLOGIES Convergint Technologies Date I ATTEST: r By: Maria Quinon , ity Clerk Date APPROVED AS TO FORM: By David A. Garcia, City Attorney Date 4 EXHIBIT A SCOPE OF SERVICES, TIME OF PERFORMANCE AND COMPENSATION SCHEDULE Scope of Services Convergint Technologies shall provide professional services for video surveillance camera maintenance for the City. Convergint Technologies shall agree to perform video surveillance camera maintenance for the City within the City Omits. The scope of work shall be performed as follows: a. Convergint Technologies preventive maintenance program will consist of quarterly site visits to perform visual inspection and cleaning of all camera lensesthousing to the Gigs existing video surveillance cameras_ Convergint Technologies shall provide to the City a schedule of performance, that shall set forth the dates of such quarterly site Visits, prior to any obligation of payment by the City. b. Convergint Technologies recommends a Technical Specialist for an on -site visit per quarter to work on the security system head- end at Century Station as part of the preventive maintenance program. c. The Technical Specialist will perform complete health check of the security system including making necessary adjustments to the VMS, storage, encoders, switches and other existing video security equipment to ensure they are functioning correctly in accordance with manufacturers guidelines and provide on site training. d. The City will not authorize any work to be performed outside the scope of the Preventative Maintenance program. e. Convergint Technologies will assign a Service Coordinator to work with the City on all service calls. Calls during regular business hours will be answered live by an assigned Service Coordinator. During after hours, all calls roll automatically to the 24 hour answering service ensuring all customer calls are answered, acknowledged and responded to with minimal delay 24 hours a day, 365 days per year_ identification badges. request. Time of Performance This Agreement shall commence on May 1, 2015 (the "Commencement Date ") and shall terminate on May 1, 2018 (the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement. Services performed shall follow the schedule set forth in Section 1(a). Compensation Schedule Convergint Technologies agrees to provide three years of video surveillance camera maintenance to the City of Lynwood for $34,993 as follows: The City of Lynwood agreed on an option not to exceed $34,993 for a three year contract for general maintenance and time and material: Preventative Maintenance: $16,085 Quarterly site visits to perform visual inspection and cleaning of all camera lenses/housing. Time and Material: $18,908 Includes repairs, replacements and installation of video surveillance cameras. Any amount incurred in excess of $34,993 shall be paid by Convergint Technologies. In addition, should any refund be necessary, the parties agree that such refund calculations shall be pro-rated as if this three year contract was split into twelve equal quarters ($2,916.08 for each quarter) which shall consist of a quarter's worth of services specified in Section 1. Hazardous Materials The following shall modify any Hazardous Materials terms set forth in the Agreement or shall be inserted if none shall exist: "Notwithstanding anything in the Agreement to the contrary, in the event that Contractor discovers or suspects the presence of hazardous materials, or unsafe working conditions at the facility where the Work is to be performed, Contractor is entitled to stop the Work at that facility if such hazardous materials, or unsafe working conditions were not introduced to the site by or caused by Contractor. Contractor in its sole discretion shall determine when it is "safe" to return to perform the Work at the facility. Contractor shall have no responsibility for the discovery, presence, handling, removing, remediating or disposal of or exposure of persons to hazardous materials in any form at the facility. Owner shall indemnify and hold harmless Contractor from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or unsafe working conditions at the facility." EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Convergint Technologies is, and shall at all times remain as to City, a wholly independent contractor. Convergint Technologies shall have no power to incur any debt, obligation, or liability on behalf of the City of Lynwood or otherwise act on behalf of Lynwood as an agent. Neither the City of Lynwood nor any of its agents shall have control over the conduct of Convergint Technologies or any of Convergint Technologies employees, except as set forth in this Agreement. Convergint Technologies 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 the City of Lynwood. B. Convergint Technologies agrees to pay all required taxes on amounts paid to Convergint Technologies under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Convergint Technologies relationship created by this Agreement In the event that City is audited by any Federal or State agency regarding the independent Convergint Technologies status of Convergint Technologies and the audit in any way fails to sustain the validity of a wholly independent Convergint Technologies relationship between City and Convergint Technologies, then Convergint Technologies agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Convergint Technologies shall fully comply with the workers' compensation law regarding Convergint Technologies and Convergint Technologies employees. Convergint Technologies further agrees to indemnify and hold City harmless from any failure of Convergint Technologies to comply with applicable worker's compensation laws_ City shall have the right to offset against the amount of any fees due to Convergint Technologies under this Agreement any amount due to City from Convergint Technologies as a result of Convergint Technologies failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. D. Convergint Technologies represents to the City, and City relies on Convergint Technologies representations, that Convergint Technologies shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Convergint Technologies or any of the Convergint Technologies employees, except as otherwise set forth in the Agreement. Convergint Technologies may 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 the City. The City has no duty, obligation, or responsibility to the Convergint Technologies agents or employees, including the Affordable Care Act coverage requirements. Convergint Technologies is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Convergint Technologies 3 agents and employees. Convergint Technologies warrants and represents that the City will not be responsible and will not be held liable for issues related to the Convergint Technologies status as an independent contractor, including Convergint Technologies failure to comply with Convergint Technologies duties, obligations, and responsibilities under the Affordable Care Act. Convergint Technologies further agrees to defend, indemnify, and hold the City harmless for any and all taxes, claims, and penalties against the City related to Convergint Technologies obligations under the Affordable Care Act. 2. Standard of Performance and City Responsibilities A. Convergint Technologies shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or his/her designee may from time to time assign additional or different tasks or services to Convergint Technologies, 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 Convergint Technologies other than those specified in Exhibit A, or those so assigned in writing to Convergint Technologies by the City Manager or his/her designee. 3. Indemnification. A. Convergint Technologies 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 Convergint Technologies to perform said services and duties. B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities ") shall have no liability to Convergint Technologies or any other person for, and Convergint T technologies shall indemnify, defend, protect and hold harmless Indemnities 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 Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Convergint Technologies performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Convergint Technologies, its agents, officers, directors, subcontractor, sub consultant 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. Convergint Technologies agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Convergint Technologies in the performance of this Agreement. In the event Convergint Technologies fails to obtain such indemnity obligations from others as required in this Section, Convergint Technologies 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 Indemnities 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. D. Convergint Technologies represents to the City, and City relies on Convergent Technologies representations, that Convergint Technologies shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Convergint Technologies or any of Convergint Technologies employees, except as otherwise set forth in the Agreement. Convergint Technologies may 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 the City. The City has no duty, obligation, or responsibility to Convergint Technologies agents or employees, including the Affordable Care Act coverage requirements. C o n v e r g i n t T e c h n o l o g i e s is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Convergint Technologies agents and employees. Convergint Technologies warrants and represents that the City will not be responsible and will not be held liable for issues related to Convergint Technologies status as an independent contract, including Convergint Technologies failure to comply with Convergint Technologies duties, obligations, and responsibilities under the Affordable Care Act. C o n v e r g i n t T e c h n o l o g i e s agrees to defend, indemnify, and hold the City harmless for any and all taxes, claims, and penalties against the City related to Convergint Technologies obligations under the Affordable Care Act 4. Insurance. A. Without limiting Convergint Technologies indemnification of Indemnities pursuant to Section 3 of this Agreement, Convergint Technologies 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: (1) 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. 5 (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 Convergint Technologies 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 Convergint Technologies or Convergint Technologies employees will use personal autos in any way on this project, Convergint Technologies shall provide evidence of personal auto liability coverage for each such person. (III) If required by California law, Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 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 Convergint Technologies 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' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to "Director of Human Resources & Risk Management," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Convergint Technologies agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Convergint Technologies shall submit to City (1) 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 than 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. Convergint Technology'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 Convergint Technologies insurance and shall not contribute with it. G. Convergint Technologies 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 Convergint Technologies and the cost of such insurance may be deducted, at the option of City, from payments due Convergint Technologies 5. Confidentiality. Convergint Technologies in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Convergint Technologies covenants that all data, documents, discussion, or other information developed or received by Convergint Technologies or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Convergint Technologies 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. Convergint Technologies 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 Convergint Technologies 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 Convergint Technologies. The provisions of this paragraph shall not apply to computerized claim forms and other proprietary software and materials (Convergint Technologies Proprietary Materials "), which are solely owned by Convergint Technologies. Such Convergint Technologies Proprietary Materials shall be clearly marked, designated or labeled by Convergint Technologies, and City agrees not to use or distribute any such Convergint Technologies Proprietary Materials without written permission of Convergint Technologies. 7. Conflict of Interest A. Convergint Technologies 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 Convergint Technologies under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Convergint Technologies further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Convergint Technologies 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. Convergint Technologies 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 Convergint Technologies covenant under this section shall survive the termination of this Agreement. 8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion 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 written Notice of Termination. Convergint Technologies agrees that in the event of such termination, Convergint Technologies must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Convergint Technologies 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 instructions of City. 9. Personnel. Convergint Technologies 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 Convergint Technologies or under as supervision, and all personnel engaged in the work shall be qualified to perform such services. Convergint Technologies reserves the right to determine the assignment of its own employees to the performance of Convergint Technologies services under this Agreement, but City reserves the right, for good cause, to require Convergint Technologies to exclude any employee from performing services on City's premises. 10. Financial Condition_ Prior to entering into this Agreement, Convergint Technologies 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, Convergint Technologies shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Convergint Technologies 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 Convergint Technologies after review and shall not be retained by City. 11. Non - Discrimination and Equal Employment Opportunity. A. Convergint Technologies 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 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. Convergint Technologies wilt, in all solicitations or advertisements for employees placed by or on behalf of Convergint Technologies 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. Convergint Technologies 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. Convergint Technologies shall not assign or transfer any interest in this Agreement nor the performance of any of Convergint Technologies obligations hereunder, without the prior written consent of City, and any attempt by Convergint Technologies to 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 tern 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 Convergint Technologies prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Convergint Technologies to correct the inadequacies, or, in the attemative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Convergint Technologies 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. Convergint Technologies shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Convergint Technologies to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Convergint Technologies 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. Waiver by either party of any one 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 Convergint Technologies 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 Convergint Technologies, 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. Attomey'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 Convergint Technologies. 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 Convergent Technologies regular business hours or by facsimile before or during Convergint Technologies 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. Goveming 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 Convergint Technologies 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 Mayor and attested by the City Clerk. 10 23. Authority. The person or persons executing this Agreement on behalf of Convergint Technologies warrants and represents that he /she has the authority to execute this Agreement on behalf of Convergint Technologies and has the authority to bind Convergint Technologies to the performance of its obligations hereunder. 11 RESOLUTION NO. 2014.138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE RESOLUTION OF THE PBID ADVISORY BOARD SETTING THE ASSESSMENT AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR THE 2014 -2015 FISCAL YEAR FOR THE LEVY OF THE ASSESSMENT PURSUANT TO THE APPROVED REPORT WHEREAS, pursuant to Section 36500, et, sec. of the Streets and Highway Code of the State of California (CSHC), oh November 27, 1985, Ordinance 1262 was adopted into law establishing the Parking and Business Improvement District• (PBID); and WHEREAS, the proposed use of these funds has been submitted for approval to the PBID Advisory Board and, on July 8, 2014, the PBID Advisory Board approved the report for the expenditure of the PBID funds for the fiscal year 2014 -2015, having determined that the use is beneficial to the business community; and - WHEREAS, on July 15, 2014, the City Council approved the report for use of funds and was required to schedule a public hearing to allow for any public comment and protests, whether oral or verbal concerning the intended use of funds pursuant to Sections 36524 and 36525 of the CSHC; and WHEREAS, as a result, the City Council set the date of the public hearing for Tuesday, August 19, 2014 at a regularly scheduled City Council meeting in the Council Chambers at Lynwood City Hall; and WHEREAS On August 7, 2014, pursuant to section 36534(b) of the CSHC, the City fulfilled its requirement of publishing the resolution of intention once in a newspaper of general circulation in the City not less than seven (7) days before the public hearing; and WHEREAS, at the closing of the Public Hearing, protests received collectively represented less than 50% or more of the proposed annual assessment amount, the City Council may adopt a resolution to levy the annual assessment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council ,hereby finds that the above recitals and true and correct Section 2. The City Council, after conducting a duly - noticed public hearing and considering all verbal and written evidence, hereby finds the proposed assessments, as described In the report from the PBID Advisory Board's July 8, 2014 meeting, appropriate for the collection and expenditure of the PBID funds for fiscal year 2014 -2015, having determined that the use is beneficial to the business community. As such, the City Council hereby adopts the resolution for the levy of assessments within the PBID area for fiscal year2014- -2015, as mandated in Ordinance 1262 sec. 4a. Section 3. The improvement and activities to be funded by the assessments shall include the following: • CommercW Area improvement Program $280,000 • Economic Development Initiative $121,000 • Surveillance Camera Maintenance. $ 35,000 • Street Sweeping Maintenance $ 30,000 Total Alfocation: $466,000 Section 4. The City Manager, or her designee, is hereby authorized to sign all documents necessary and appropriate to --carry out the intent of the adopted PBID resolution on the behalf of the City. Section S. This Resolution becomes effective immediately upon adoption. PASSED, APPROVED and ADOPTED this W day of August, 2014. Mae I , . I - WPIA-M ill. mo ATTEST: "11045B , -0 Anonez, Maria �1 f APPROVED AS TO FORM: David A. Garcia, City Attorney APPROVED AS TO CONTENT: Sarah M. WIffers. City Manager /A� Brun aulls, Project Manager Community Development STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) 1, 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 19th day of August, 2014. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE HERNANDEZ AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE 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. 2014.138 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 191h day of August, 2014. IMT-1—nTeity1�iL� /'i.�