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HomeMy Public PortalAbout06-01-2004CCThis Agenda contains a brief general descrfption of each item to be considered. Cop/es of the Staff reports or other written documentation relating to each item of business referred to on the Agenda ara on file in the Office of the City Clerk and are available for public inspection. A person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addmssino the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON OF THE COUNCIL. JUNE 1, 2004 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 6:00 P.M. LOUIS BYRD MAYOR RECEIVED CITY OF LYNW00D CITY r'~ r'n.,',,~' nF~ICE LETICIA VASQU EZ MAYOR PRO-TEM MAY 2 ? 2004 FERNANDO PEDROZA COUNCILMEMBER RAMON RODRJGUEZ COUNCILMEMBER MARIA T. SANTILLAN COUNCILMEMBER CITY MANAGER LORRY HEMPE CITY AI'I'ORNEY ARNOLDO BELTRAN CITY CLERK ANDREA L. HOOPER CITY TREASURER IRIS PYGAI-~ OPENING CEREMONIES CALL TO ORDER CERTIFICATION OF AGENDA POSTING BY CITY CLERK ROLL CALL OF COUNCIL MEMBERS Femando Pedroza Ramon Rodr(guez Maria T. Santillan Leflcia Vasquez Louis Byrd PLEDGE OF ALLEGIANCE 5. INVOCATION PROCLAMATIONS & AWARDS NONE COUNCIL RECESS TO: LYNWOOD REDEVELOPMENT AGENCY LYNWOOD INFORMATION INC. LYNWOOD PUBLIC FINANCE AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54950-54962, Part itl, Paragraph 5.) MINUTES OF PREVIOUS MEETINGS: Special Meeting, April 12, 2004 Special Meeting, April 19, 2004 Regular Meeting, April 20, 2004 PRESENTATION ITEM GOV PARTNER CONTRACT EXTENSION Comments: The purpose of this item is to provide the City Council with a presentation on the Request Partner system and receive authorization for a contract extension with Gov Partner for the continued use of the system through December 31, 2005. Recommendation: Staff recommends that the City Council receive a presentation and adopt the attached resolution entitled, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO SIGN A CONTRACT EXTENSION WITH GOV PARTNER FOR USE OF THE REQUEST PARTNER SYSTEM.' 10. tl. PUBLIC HEARING UNDERGROUND DISTRICT NO. 11 Comments: On Apdl 20, 2004, the City Council adopted Resolution 2004-058 setting the public headng for the proposed Underground District No. 11. Notification of the Public Hearing was placed In the local newspaper. On May t8, 2004, the City Council held the public hearing on Ihis matter and continued the public hearing to the regular City Council meeting of June 1, 2004. Recommendation: Staff recommends that the City Council adopt one of the following three options: a) City council adopt the attached resolution entrded: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE UNDERGROUND DISTRICT NO. 11, THE PHASING PRIORITIES AND THE SCOPE OF WORK FOR PHASE I'. b) City Council select one of the other alternatives given in the attached report for the Underground District No. 11 and direct staff to modify the attac=hed resolution accordingly. C) City Council elect to disapprove the establishment of the Underground District No. 11. DISCUSSION ITEM - SPECIAL PERMIT REQUESTS REQUEST FOR SPECIAL PERMIT EL FARO RESTAURANT Comments: The purpose of this Item is to have the City Council consider a request from Mr. Joe Garcia of El Faro Restaurant for · special permit to conduct a grand opening celebration at 11120 Atlantic Avenue. Recommendation: Staff recommends that the City Council review this report end approve this request based upon the following condItions: · The proponent of the Permit agrees to pay all permIt fees. · The proponent has met all requirements set forth by the Fire Department. · The proponent agrees to provide the security requirement set forth by the Sheriff Department. 12. REQUEST FOR SPECIAL PERMIT: STREET CLOSURE ON CORTLAND BETWEEN MUIR AND ERNESTINE Comments: The purpose of this item Is to request that the City Council review the request for a special permit for a street closure end direct staff accordingly. Recommendation: Staff recommends that the City Council review the request for special permit and direct staff accordingly. CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action. 13. WATER MAIN IMPROVEMENTS ON MARTIN LUTHER KING JR. BOULEVARD AND BIRCH AVENUE Comments: Staff has Identified two areas in the city water system where water loops are necesse~y. One is located on Martin Luther King Jr. Boulevard between Bullia Road and Emestine Avenue and the other is on Birch Avenue between Platt Avenue and Sanborn Avenue. The developer of the Sav-On Development Project at the corner of Martin Luther King Jr. Boulevard and Emestine Avenue has agreed to contribute funds toward the water loop construction on Martin Luther King Jr. Boulevard. To expedite the constmcl]on of these two water loops, staff is requesting the City Council's approval to solicit bids through an informal bid process. Recommendation: S[a;; recommends that the City Council adopt the attached resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH M&A GABAEE, LLC RELATIVE TO THE PAYMENT OF $46,525 FOR CERTAIN WATER MAIN IMPROVEMENTS ON MARTIN LUTHER KING JR. BOULEVARD, AND AUTHORIZING THE INFORMAL BID PROCESS FOR CERTAIN WATER MAIN IMPROVEMENTS'. t4. ACCEPTANCE OF SIDEWALK IMPROVEMENT PROJECT AT VARIOUS LOCATIONS, PROJECT NO. 05-5291, AS COMPLETE Comments: On October 7, 2003, the City Council awarded a contract to Ranco Corporation, for the Sidewalk Improvement Project, Project No. 05-5291. The contractor has completed all work on the project. The project is ready for acceptance. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled; ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. 5-5291, AS BEING COMPLETE.' 15. SECOND READING OF ORDINANCE - RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION 16. 17. Comme~lts: The following Ordinance was flint read on Apd120, 2004, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 9-6 OF THE LYNWOOD MUNICIPAL CODE RELATING TO RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION.' Recommendation: Staff recommends that the City Council adopt the attached Ordinance. SECOND READING OF ORDINANCE - PROHIBITING SKATEBOARDING IN POSTED AREAS The following Ordinance was first read on May 18, 2004, 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 3 OF THE LYNWOOD MUNICIPAL CODE BY ADDING A SECTION PROHIBITING SKATEBOARDING IN POSTED AREAS.' Recommendation: Staff recommends that the City Council adopt the attached Ordinance. SECOND READING OF ORDINANCE - MIXED USE DEVELOPMENTS CONSISTING OF COMMERCIAL USES ON THE GROUND FLOOR AND RESIDENTIAL DEVELOPMENT ON UPPER FLOORS Comments: The following Ordinance was first mad on May 4, 2004, 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE AMENDMENT NO. 2004-01, ADDING SECTION 25-37 TO THE LYNWOOD MUNICIPAL CODE TO PERMIT MIXED USE DEVELOPMENTS CONSISTING OF COMMERCIAL USES ON THE GROUND FLOOR AND RESIDENTIAL DEVELOPMEMT ON UPPER FLOORS SUBJECT TO A CONDITIONAL USE PERMIT, DEVELOPMENT STANDARDS AND DESIGN REVIEW.' Recommendation: Staff recommends that the City Council adopt the attached Ordinance. 18. 19. 21. AWARD OF CONTRACT STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5254 CARLIN AVENUE (BULLIS ROAD TO ATLANTIC AVENUE) Comments: The bid opening for the Cariin Avenue Improvement Project was held in the office of the City Clerk on Wednesday May 19, 2004. Bannaoun Engineers-Constructora was the apparent lowest bidder. Recommendations: Staff recommends that the City Council adopt the attached resolution entit~d "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO BANNAOUN ENGINEERS-CONSTRUCTORS, IN THE AMOUNT OF $515,750.00 FOR THE CARLIN AVENUE IMPROVEMENT PROJECT, (BULLIS ROAD TO ATLANTIC AVENUE), PROJECT NUMBER 05-5254, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". APPROVAL OF THE WARRANT REGISTERS Comments: City of Lynwood warrant registers dated June 1,2004 for FY 2003-2004. Recommendation: Staff recommends that the City Council approve the warrant registers HUD BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE (BEDI) GRANT AND SECTION 108 LOAN PROGRAMS- CONGRESSIONAL SUPPORT LETTERS Comments: The BEDI grant and Section 108 loan programs are not included in the President's budget for 2004-05. Thts item is to have the City Council authorize the Mayor to se~d Congressional support letters regarding inclusion of both programs in the federal 2004-05 budget. Recommendation: Staff recommends that the City Council authorize the Mayor to send Congressional support letters regarding inclusion of BEDI grant and Section 108 loan programs In the federal 2004-05 budget. PILOT MURAL PROGRAM Comments: The puqx~e of this item is to have the City Council approve a pilot mural program at Imperial Highway and direct staff to work with Lynw High School and Mr. Jack Keane on the program. Recommendation: Staff recommends that the City Council approve the pilot mural program and direct staff to proceed. 22. MS. LYNWOOD SENIOR PAGEANT CONTRIBUTION Comments: At their regularly scheduled meeting of Tuesday April 6, 2004 the Ms. Lynweed Senior Pageant was approved in concept by the Lyrtwood City Council. Council directed staff to provide support and assistance to the Senior Citizens Advisory Board In the planning and conduction of the event. Recommendation: Staff recommends that the City Council approve the attached resolution entitled, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN EXPENDITURE IN THE AMOUNT OF $1,000 TOWARDS DEFRAYING A PORTION OF THE COST ASSOCIATED WITH PRINTING OF THE COMMEMORATIVE BOOKLET FOR THE MS. SENIOR LYNWOOD PAGEANT.' 23. PROPOSITON 218 - ASSESSMENT BALLOT PROCEEDINGS PROCEDURES Comments: The purpose of this item Is to have the City Council adopt the Proposition 218 - Asp~___rnent Ballot Proceedings Procedures Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PROPOSITION 218- ASSESSMENT BALLOT PROCEEDINGS PROCEDURES'. 24. REQUEST TO DESIGNATE ACTING CITY ENGINEER IN ABSENCE OF CURRENT CITY ENGINEER Comments: The current City Engineer Yadollah Farhedi has requested the City Manager to take his annual vecefiofl. It is requested that the former City Engineer Joseph Y. Wang be designated to act as the City Engir'.c=r in his absence. Recommendation: Staff recommends that the C~ Council adopt the attached resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING THE FORMER CITY ENGINEER JOSEPH Y. WANG TO ACT AS THE CITY ENGINEER IN THE ABSENCE OF THE CURRENT CITY ENGINEER YADOLLAH FARHADI '. 25. 26. 27. 28. DISCUSSION ITEMS LYNWOOD SENIOR ADVISORY BOARD BYLAWS Comments: The Lynwood Senior Advisory Board was formally recognized by City Council in July 2003 to act as a volunteer board to advise the City on issues related to the Lynwood Senior Citizens population. Recommendation: Staff recommends that the City Council: 1. Rev'mw the staff report and attached bylaws adopted by the Senior Clfl~m$ Advisory Board. 2. Provide any Input in relation to the bylaws. 3. Approve the bylaws either as presented or with proposed changes. HAM PARK REPLACEMENT PROJECT CONSULTING SERVICES AGREEMENT Comments: Per City Council direction staff met and completed negotiation with Universal Field Services, Inc. for Ham Park Replacement Project. The draft consulting services agreement Is ready for City Council revlaw and approval. Recommendation: Staff recommends that the City Council adopt the attached resolution entltied:'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONSULTING SERVICES AGREEMENT WITH UNIVERSAL FIELD SERVICES, INC. FOR HAM PARK REPLACEMENT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". GARAGE CONVERSION AMNESTY PROGRAM Comments: The purpose of this item is for staff to provide the City Council w'dh an update and ~e status of the Garage Conversion Amnesty Program. Recommendation: Staff recommends that the City Council review this item and direct staff accordingly. PROHIBITION OF PARKING OVERNIGHT ON RESIDENTIAL STREETS Comments: The purpose of this item Is for staff to provide the City Council with a report regarding Prohibition of Parking Overnight on Residential Streets. Recommendation: Staff recommends that the City Council review this Item and direct ~[a~' accordingly. 29 30. 31. SUMMARIES OF TOWING ORDINANCES AND FRANCHISE CONTRACTS Comments: The purpose of this ~tem is to provide the City Council with examples and summaries of the provisions of towing ordinances and towing franchise contracts used in other claes and to request dire~on as to the prowsmns the Council wishes to incorporate in the City's new towing ordinance and towing provider contracts Recommendation: Staff recommends that the City Council review th,s report and provide steff with direction as to the provisions it wishes to include in both the City's new towing ordinance and the contrac[s to be used for engaging towing providers under same. DISCOURAGE GRAFFITI THROUGH PLANNING & ZONING Comments: The purpose of this item is for the City Council to accept a report from staff regarding d~scouragmg graffiti through zoning enhtlementa, conditions, climbing vine program and other measures, Recommendation: Staff recommends that the City Council review this item and direct staff accordingly. REPORT- FIREWORK STANDS Recommendation. Staff recommends that the City Council of the City of Lynwood receive and file this report. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION LOUIS BYRD, MAYOR LETICIA VASQUEZ, MAYOR PRO-TEM FERNANDO PEDROZA, COUNCILMEMBER MARIA T. SANTILLAN, COUNClLMEMBER RAMON RODRIGUEZ, COUNClLMEMBER CLOSED SESSION 32. CLOSED SESSION ITEMS A W~th respect to every item of busIness to be discussed in closed session pursuant to Section 54957 6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator. Ga~l L. Black Employee OrganLzation: Lynwood Employees' Association Lynwood Management Group ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON JUNE 15, 2004 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA 10 LYNWOOD crrY COUNCIL SPECIAL bi~ETI~G APRIL 12, 2004 TI~ City Council of the City of Lynwood mci in a Special M~n2 in the Coun(~l Chambers, 11330 Bullis Road on the above da~ aI 5:10 p.m. Mayor Byrd pr~idias. Cou~ilm~n Ped.~za, Salllillall, Va.squez, and Byrd answered the mil call. Cotttl¢ilmsn Rodri~lez was absent. Also p~sent were City Man,er Hempe, City Ation~y B¢ltran ~md City Clerk Hooper. City Tre~s,~.~i- Py~att w~ absent. City Clerk Hooper announced that the a86~da hsd ~ duly ~ in accordance with the Brown AcC PUBLIC ORAL COMMUNICATIONS NONE PUBLIC ORAL COMM-ONICATION$ Iv~ Zeleny - Spoke on Item ~6, explained to Council thsi she is ~ r~ Ms. Halen ~ ~_,!_~1 that she is in support of b~nin~ sll fuvworks, explained that Ms. ~ has suff~ed he~-t ,~srks und with lhese illegal fir~rks it is not helpin~ the City it is only disturbing our community. CotlB¢ilmsn Rodri~,ll~z 81Tired 8I 5: ! 5 p.m. William Araujo - Spoke in favor of banning all fireworks. City Treasu~r Iris Pygatt arrived at 5:20 p.m. Albert limen~z- Spoke in favor of b~nnlng all f~-works. DISC~,~$~ION ITEMS DISCHARGE OF FIREWORKS IN THE CITY OF LYNWOOD: The propose of this item is to provide the City Council with a repo~ on Lynwood's c~,~;.t resul~ions Sovemins the sale, use ~md discharse of fu~-w~ks in th~ City of Lynv~c~l. For the inerea.~d protection of the health, sffety and w~lfa~ of the ¢iliz~ns of Lynwood, the Council may consider amevdi,~ the City's Code to either ban or mor~ strinsently regulate the sale, use and discharge of safe ~ld sane ~ in the City. Council may also wish to consider a plan to more effectively enfur~ the City's pr~ently exis~n_~ ban on the sale, use and (hscharg¢ of illegal fi~works. Staff r~coml~ that the City Council review staff's repo~ r~,dln_~ the curr~lt ~on of fireworks in the City and provide staff with dLr~Ction as to how it wishes to proc~d. Item liT: ILLEGAL FIREWORKS: At the Regular Council Me,ting of July 15, 2003, City Council dismal the City Clerk to bring b~elr for review ~ possibility of revoking fireworks ll~l'lllits a~d clm~uollln_o the use of illegal fu~wo~4c~. AGENDA ITEM Sylvia Hen~n- Spoke in favor of bennin~ all fuewor~ ~ (3a,,;ia- Spoke in favor of bannin! all fireworks. Alex Landeros - Stated that Council should mn'ray the City to see what the Community wnnts and _ne~_..s, also is in favor of banning aH fireworks. Councilman Pedmza - Stated that he has read staffs report end options, and ~-.~lain~d that he would like to know how could you ~o about banuln~ ali fu~.works. City Mmmger Hempe - Sutled that she would r~ke ~o work on an Onlinance ~o ban all fiwworks. Asaimmt Fi~ Chief LaF~ver - Stated that he a~r~ea with bamfn~ all fla~.wod~ e~plained that on 4~' of July there duties at~ doubled it is the ~ ~,~ of th~ ye~ for the fire department. St~,~l l~t yeggs s~ati~ica was 74,000 tons of illcl~l explmiv~ that sane and illegal fireworks should be banned as they ar~ dan[~ous to people sad animalS. Councdmen Rodn~ez - Explained that the Cit~ had a R~olution last year to ban all illegal fireworks and'what hal~ened ~othing it W~S never enforce. The City n _,',~__. to reinforced and fine these ?op_ le who ~ illegal fireworke into our City. Also explained thnt if the City baas ail fireworks then we are p~mi~hln~o the childr~, t___h~__, kiA~ look forward for 4th of July, I think the problem is the illegul fueworks not ~he mfe and sane fireworks. Captain James Lopcz - S*_~*__~I that the weekend of 4th of July is also the bus/est time of the yesr for the sheriffs dquutment Stated that the number one priority is the pro~cfion of the community. Also a~ees with banning all fu~-~orks, which could be a ~ tolerance or maybe a charge of $1,000.00 fine for the use of illegal firework. Councilwoman SentiHan - Stated that she has ehild~n and understands the ~ommunities comems, bm it is also difficult to ban all fuvwo~ ~ m still be ~ m control the illegal fn~-works. Stated that she tblnt, that the fine of $1,000.00 and cuttin~ some of the fl~vork stands would help the comm~ll:fity. Kent West - Public S~-ty Commissioner pre~ented Council last years illegal and safe end sene fireworks that he found in his b~__k ylm:l and his neighbors ~lso, explained Rmt the safe nad sane fi~-v~rks could be dan~m~ also. S~__.~ th~ council should d~ibute information for the residents in regards to thc ille~d ..d safe and sane fireworks. Mayor Pro Tern Vasquez - Stn_t_,~J thlt she is concerned about the fueworks ~ino_. the children and animals and o~,,dng fires, stated that she would like to have just the fireworks show at the Lynwood Park and ban all other fireworks. Mayor Byrd - Stated that he does not care if they ever sell another fuework here in the City, expl~uod that he is tired end frusU~ted by all these firewotke. But the concern here is the communily and he would like for staffto conduct a public survey. City Manager Hempe - Explained to the Mayor that since it is such a short time to conduct a survey, she would in.,~¢_~l like to conduct a public survey with the n~aldents of Lynwood to hear and acknowledge their concern~ ns in what they need and wnnt. City Clerk Hooper - Announced to Co, meal that at the moment them is nineteen Fim~vorics Applications u~at have been submim~t. F_~ tha~ in the past Council has ~v,,,ved all nine~en fireworks stands, which actually there should be only fourteen ~vork~ ~ ~uVe~. 8t~t~ that if Council w~e to bring an Urgency Ordinance m help b~n firewod~ or at leas~ e~force them it would help ~he co,,--oni~. Captain Lopez - Explained that the,Sheriffs Depamnent provides the shot spotter system that has a semor to help d~,,~ine a gunshot from a fuework explosion. Mayor Bind -Staied that oihor ¢i~ies have banned all fu~works or l~ve ~ zew ~olemuce ordinal, does not understand why this city cannot take care of this issue believes that if other cities can do it the~ we can too. mC~.taln Lopez - Explained to Couadl the p~oc_,~_~ that the Sh~ff~ ~ ~:ts on 4 of Suly in t~-gards to thc ~lls that are called in and how a d~uty is disp~tcbed iv deal with the illegal fu~-worl~ and thc community's safe'o/. Cap'in Lopez - Explained to Council that they do have the authority to sit~ juvmilm and adults for illegal fir~vorks. And they uy to schedule more staffon 4*' of Suly to h~lp Fir~ Chief LaFever - Explained to Council dm a lot of the calls ~ rec,/ye are fi, om tips or anonymous l~opl¢. Coullcilmsn Pedroza - Sug~est~i providing a hotline for the citlz~,,* of Lynwood through the Fi~ Department and the Sheriffs Dep~,~menL City Clerk Hoopor - Announced to Council flu~t Mrs. P~co a n~sident of Lynwood reported the s~ll of illegal fL,~-works from the ice ore~m Irucks. City AtWmey Beilran - Explained the process ofsn Urg~l~ Ordinance to Council Mayor Pro Tern Vasquez - S~_~_-',! that other cities thai bam~i all fu~vorks hsve pu~ a ref~,~r~dum on their ballots and the vo~ers decide whether the ~omm~lity W~l~ ~ll~work~ or not, believes the City should provide this ~ef.,~ium for the vom's of Lynwood. City Attorney Belmm - Expln!m~d to Council th~ they would have to respect the ou~'.~mc of the ~ferendum ~,.,,~*-ver the oulcom¢ maybe. Mayor Byrd - Staled that he would hke to make the decialon to b~n all fitewoda imte~d of pul~o., a referendum on ',he ballot, bul believes tha~ the n~sidcals hsve lhe riehl W decide. Councilman Rod~i~z - Stated that it is a good idea to lower ~he fu~mrk ~pplican~ questioned on the ~pplicams if they hsve been revised on a yearly basis with non-profit stam~ if it is cunent City Clerk Hooper - Explained gm she do~ verify wi~ the Seoremty of S~e befo~ applications are bro,~o_?t to Council, also verifies if they a~ in good sta~di~ with ~Itstl,~ Board of F_xlualization. City AtWmey Beltraa - Explsined to Council the procedure ora mfonmdum on a ballot. Councilman Pedro-* - SU~cd that the Firework come.es cme~ into ~reemcnt with other stores ~md priv~e property owne~ l~ior to Council vofi~ for ~ Firework stands, we have a llmlt for firework smmts and we should abide by that. Councilman Pedroza - S,~t_~ that he agrees with putli~ the fueworks on th~ ballot and let the community decide Councilman Rodrignez - Stated that at one time time were fourteen stands and at one ~/me we had twenty two stands, believes it would be better to do it like a lotm'y system and pick only fourteen stands and it would be only for City non-profit o~,aniza~'ons. City Cl~-k Hoop~r - Sug~su~d tl~ tbe City AtUa-~, ~ ~ ~n Ur~ncy Ordinance It was moved by Councilman Rodrignu~,. second by Coun~iln~n Pedroza to a~,ove the Fireworks ref~,~clum to be put on the Nov~nber 4~ ballot including the July 1a thru July 5~' Fh~vo~ s~'vey in limiting ~he h~u~, limifin~ the fireworks stands ~ prohibiting any person uncut the age of eighteen from purchasing or using fireworks. Substitute motion by Mayor P~ Tern Vasquez, second by Mayor Byrd to ban all Fi~work~ and to mcinde it in ~he b~llot Councilwom*n Santillan - Believes the Council should ~11 conduct a Fireworks survey. Mayor Byrd - Smed that the people of Lynwood elected the Cou~i! to make the decisiom that would benefit the community. SUB,'~-I'II-uI~ MOTION ROLL C,~,I.L: AYE.S: COUNCILMEN VASQUEZ AND B~ NOES: CO~~ PEDRO~ ROD~G~Z ~ S~-~-~ ~ST~: NO~ ~E~: NO~ Motion failed. City Attorney Belmm - Clarified Councilman's Pedtoza moti~m the motion is m put tbe Firework issue on the I~lot and bring fo~h au Uzgenoy Ordimnoe that will acoomplish the following, which a~ the list of items that have ~ manticm~! plus the adminismUively imposed fines, so the motion is to ndopt the t~eov,,,~,,a,~ion fzom staff concer~in~ llmifin~ the hours durin~ which fi~works maybe ~old, s~i~y ~ the number of licenses sad permitting for a lottery incase the qualified spplicatizm succ~d, prohibiting persons under the age of eighteen from using, purchasing or sellin~ fu~works. Mr. Pedrozn entertained that the Urgency Ordinance also incorporate not only using, but purchasing or selling with also carrying or bein~ in pos,sm,sion of. URGENCY ORDINANCE ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ AND SAN'rILLAN NOES: COUNCILMEN VASQUEZ AND BYRD ABSTAIN: NONE ABSENT: NONE CONSENT C,~I.~.NDAR Item ~5: APPROVAL OF THE WARRANT REGISTER: City of Lynwood w~rant t~gist~r d.,_~ April 12, 2004 for FY 2003-2004. It was moved by Councilman Pedmza, second by Mayor Byrd to adopt the followin~ Resolution. RI~Y, OLUTION NO. 2004.056 EN'I'I'rLED: A law-SOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. ROLl. C.~I.I.~. AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SA.NTII.I.AN, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE CLOSED SF. SSION City Attorney Bdmm ~-*_~, with ~ to o~y iron of busi~__~_ to be discu~d in 3oint Clo~ Session Pursuant to So.ion 54956.8: CLOSED SESSION ITEM. 1. Juan Figueroa v City of Lynwood Case No. BC267680 It was moved by Councilman Pedroza, second by Councilman Radfiguez and can/ed to _ret_ _,~s the Close Session at 7:07 p.m. Council r~ovaned ,,t 7:40 p.m. City Attorney Belmm stated that Com~il met on the af~fioned matt~s and _~t~_ on: 1. Juan Figuema v. City of Lynwnod Case No. BC267650: No t~le action Councilman Pedm-zn - S1n~d he w~uld like for staff to brin~ b~ck to Council the possibility of ~ a p~rol ear for 4th of July and ~ would like to hnve Code i~fomemunt Officer~ on the field. Councilwomnn Santillan - Questioned thc City Manager in regards to the sweet closu~ request for Agnes S~cet. City ~er Hempe - Explained that thc reason of the sm~et dosu~ is becau~ of graffiti, dumping, and gang r~lations Mayor Pro Tern Vngluez - S~L~ that she would like to brin~ _h~c~_k a Resolmion for Code of Ethics for Council and also I would like to look into developin~ an Otdlnance that would reg,,u,t,, the newspaper and mag~ine ~,na, he~ in the City. ADJOURNMENT Raving no further discussion, it was moved by Counclt~',~, Rodriguez, second by Councilwom*- Sanfillan and carried to adjourn ~he Spe~d Council Meeting at 7:49 p.m. Louis Byrd, Mayor And~a L. Hooper, City Clerk LYNWOOD cfr~ COUNCIL SPECIAL MEETING APRIl, 19, 2004 The City Council of the City of Lynwood met in a Special Muetin~ in tl~ Counc'fl Chambers, 11330 Bullis Road on the abow de~ at 5:15 p.m. Mayor Byrd pre~dln,o. Councilman Pedroza, Rod~iguez, Senfillan, Vasquez, and Byrd answered the mil call. Also l~'~"nt ~ City Manager H~mpe, City A~torney Bel~an, City C~qt Hooper and City Treasurer Pygatt. City Cl~k Hooper renounced that ~e agenda bad been duly posted in ~,'~rdance with the Brown Act. Item # $: PR.ESENTAT[ON / PROCLAMATION * Introduction of Chief Ronnie Williams PUBLIC ORAL COMMUNICATIONS faes~din8 Aseuda Irons Only) Lmue Gatcin - Sum~ ~ the City needs mo~ Sheriff Office~ to ~ite tbe ~ I,,d violators here in the City. Hopes that with tbese workshops things would be better for the DISCUSSION Item ~6: LAW ENFORCEMENT WORY~HOP The purpose of the planned law enforcement wo~.hnp is to advise the City Council on the cu...; conUact staffing and deployment levels. Additionally, a Business Improvement Deputy quality of life enlumcins recommendation will be provided. Captain Lopez - Presented to Council the Law Enforcement Workqh~p: Tbe Deputies from the Sheriffs Century Station continue to provide a full range, high level of law enforcement services to the people of the City of Lynwoad. ThLs delivery been malntain~l due to the special close r~llao-,,hlp between the Deputies resigned to the station nna the comm,mity, which we serve. ~t deployment of per~ounel is tou_ohly divided into thr~ areas. The first p~rt involves the deployment of basic pmlrol personnel to respond to calls for service, maintain a visible ,mlformad petrol, arrest and detain posm'ble suspects or juveniles, investi~atiun and documemation of traffic accidents, conduct of prcllminary inve~igatious, pro. ye crime prevention efforts and other duties assuci~,__~_ with patrol tactics. The second part involves the Community Orientad Policing Component, which is designed to impact the qmdity of ['tfe type issues in the community through, identi6fing and tmpacang known problem locations throughout the City, coordimuion with vntious o~*ni~aons impacting quality of life issues in the City through almtament, block club coordination and internction with other community assets. Tbe third part involves the deployment of two Sberiff's Security Officers to assist in the security of city parks and other city tecilities. These personnel bare seamless com~uni_,r~i~n with othcr Sheriff's Dclnmnent assets, ere deployed mobile in thc field and are t~-uited ami trained to a high standard level to l~Ovide the I~h,-~* level of service to tbe people of Lynwood. The foul~ pa~ involves a recommendation for ~he es~bl/shmeni of a Cio/Bus/m~ Impro~,m,m~ D~puty Team (BID) of l~-puiies ~ as (}mwth D~m6ea ~o quality of life issues along the msi,~ business corridors of Atlantic Boulevald and Lon~ B~ach Boult~ud and add,ss the needs and concerns associ~/ed with business matters such as, prostitution, illegal drJ. nkins, loitering, m~r, oiics use and olher mai~rs City Manager Hcmpe - Explained to Council ~t she was cmmmly tg~.,iewing ~h~ y~ar end x~-pons and doing a budget review would llke to hire a consuli~ni ~-view th~ curtmi Sheriffs Budget and recommend to Council on what dectsion to make and what is best for ~h~ comm~i~llity. Having no funhc, r discussion, it was moved by Counr, ilmaa Pedroza, secoad by Mayor Pm Tern Santillsn and canled ~o adjourn the Special Council Meeii,~i at 7:00 p.m. Louis Byrd, Mayor Andr~ L. Hooper, City Clerk LYNWOOD CITY COUNCIL REGULAR MEETING APRIL 29, 2004 The City Council of th~ City of Lynwood met in a p.~,,I.. M~.fing in th~ Council Chambers, 11330 Bullis Ro~i on the above d_~_~ at 6:15 p.m. Msyor Byrd pr~sial.g. Court.man P~Lmza, Rod~guez, SanRIlan. Vasquez, and Byni answ~d tl~ roll call. Also Ix~scnt w~ City Manager Hempe, City Atton~y Beltran ..a Deputy City Clerk Roja~. City Trensur~ Pygott was absent. Deputy City Clerk Rojns announced that the agendn hnd been duly post~t ~n ncoordame with the Brown Act. Item ii 6: PROCLAMATION AND AWARDS * Cifizan Athieg of the Mo~h Sports Ambsssado~. $~ M~ * ~o~ B~ ~ ~ ~: P~ ~, ~ ~ ~ P~ ~n * P~ for R~ ~1~ ~ ~ * ~ Day ~on * L~ C~ of ~mm~ ~p ~m~on: ~c~ Cox * N~ V~m* of Violet C~e W~k ~un * PI~ for A~! Roj~ PUBLIC ORAL COMI~CATIONS (R~nrding A~-~la Irons Only) Pauleig Bradley - Spoke on lgm #16 sm~d that the saniors had e~ou~h mo~y for th~ Senioo Cm~ Ptojea. and now for out surp~ staff is mlc~ '~g m ~Mitioml 6,~al.g for the proj~'t Would like for staffto schedule a m~.nlng wi~h th~ seniors to updag th~m with the necessary information in r~$srds to the Senior Civic Center Plan. Alhen Jimunez - Spoke on Item #11 stated that he is concerted about th~ rexes l~ing rais~ for the residents l~m #13 siagd thst th~ Skag Park mff SUl~t~ision should b~ ccnifi~l for CPR and First Aid. lgm g22 sts~i that he is r~lly hsppy with th~ Veierans Memorial Outdoor Performsnce Arana D~igo. Mary Thomas - Spoke on Item iii6 queslioned that were is the funding coming firom and who is going to be benefiting from it. Sylvia H~.on - Spoke on Item #11 questioned on why stafftook so long to put this item on lira a~ctula this should haw been taken care a long lime ago. l~em #1¢ believes ~hls project is just taking too much money and lime. Item #19 stated that she hopes Council will dcny thc Basketball Tournament request. Irene Garda - Spoke on Item #11 stated that she is against the Loc~ Taxpayers and Public Safety Pmte~ion Act. Item #15 stated that with more ho~*_, schools and ~,-a~e conve~ions comin~ into Lynwood w~ need mo~ power and ~ imssaur~, lgtn iil7 qu~tioned on the warrant r~giste~ the purchasing of Light ~es, would also like to ~quest to have more Code Enforcement Office~s we are in great need of more officers here m the City PUBLIC ORAL COMbllJlVlCATION$ Gerald Hun~' - Complained about his street Hulme Avenue the sl~*t is in great n~ed of repair, we also need a handicap curb between M.L.K. Blvd. and Woodinwn. Also stated that the U.S. Post Office needs to provid~ a special window for the disable people and seniors. Picky Badleld - Comp!*!,~i thst tbe owners a~ bein~ affected by the conslru~un thst is ~ don~ on Lo~ B _~-h Boulevard. C&rolyn Anderson - Sta~:l that she is here to r~quest that Council l-,ke car~ of her strut, which is Virginin i~ is in really bad condilion John Bucker - Complained to Council that Virgl,'nls Streei needs to be ~ it has been in ~ coodilions for over 28 yeats, the City has tepah~l many other slicers but not Vh~_'nls Sm~-t weuld like for Council to look into this. Bernice Debose - Also complained about tho condi6om of Vhyi_'ni= Sram. J~ck K,.~n - S!,,t~ that he would like for Council lo hi~ mote bike p~Uol officers, they are ~,.~y n_e~_~ the City needs more supendsiun. Rick Bao, on - Complah~d about tbe motor scoot~s ~ that they er~ mo loud and ill~, is also concern about the motor scoot~s ~.r~tehi~o_ his ~x~ v~uld like for Council and th~ Sh~fl~ IX-p~t~nt to look into this. Jose Bo~k,,, - Stated ~ be would like for tbe Lynwood Trolley to make a drop off and pick up stop on Fmawcod Avenue and Bullis Road. Sylvia Hen'on - Questioned on last Councils werrant relism' tbe~ was a f~e of $97.00 for HOPE would like to know if this is a new city project or if ~ is somethi,,~ new. Also on the Sheriffs Law Enforcement Department would like for the City Manager to stop payin~ for consultants believes it is just a waste of time and money. Pat Shields - Thanked the Lynwood in Perspective staff for advertisu~ the Child Care Center on the newsletter. Also thanked Mayor Pro Tern Vasquez for informing her on thc Uulv*.~d Pl~school Grsnc ThAnked Councilman Rodrigu~z, Pedmz~ and Mayor Byrd for allowin~ Dominoes to be at the Lynwood Youth Cenm' facility. Peorline Calde~on - Stated that she bas complained about Josephine Street not bein~ repaired would like for council to look into this. Paulette Brndley - Spoke shout the Doct~'s Appreciation Day, as it w~nt well nmi well .-~,i,.d nlso. encourages the Council and mttf to auend these impottent events. Item # 8: MINUTES OF PREVIOUS MEEETINGS: NONE PUBLIC .mr~tRING Item #9: AMENDMENTS TO CHAPTER 9-6 OF THE LYNWOOD MUNICIPAL CODE RELATING TO THE RECYCLING AND DIVERSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION PROJECTS On March 16, 2004, the City Council adopted .~ency Ordlnnnce No. 1509 amending cer~i~ se~ions of Chapt~ 9-6 of the Lyav,x~d Municil~l Code to iml~OVe ~e implementation of the Comm~ction .ha Demolition Recycling Program. An ~ ~ vms ~k)l~ed since the nece-~ry nmundm~u'~ ~ ~ of ~be AB 939 Work PI~I reql~ thnt needed to be completed by March 13, 2004. It was moved by Councilman Pedroza, second by Co~m¢ilm~n Rodr/~j_~_. to op~ public Heari~ no r~pome. It v~s mowd b~ Coun~ilm~ Pedroza, __~__nd b~ M~yor Bind Jo do~ pubi~ ~. ORDINANCE FIILST READING: AN ORDINANCE OF THE crr~( COUNCIL OF ~ ~;l-r~' OF LYNWOOD AMENDll~G CHAFFER 96, RECYCLING AND DIVF, RSION OF DEBRIS FROM CONSTRUCTION AND DEMOLITION, REVISING SECTION 96.2, AND ADDING SEc-rlONS 9-6.6 AND 96.7. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSI2qT: NONE RODRIGUEZ, Item ~22: VETERANS MEMORIAL/OD IDOOR PF2,FO~CE ARIMA DESIGN UPDATE The design consultant for the Veterans Memorial/Outdoor Peffutmance Are~a has completed the schematic design pwcess a~d is ready to san the prelimimry design. City Council commenL% if any, and approval of the conceptual plan is requested prior to start of the final clesi~. It w~ moved by Councilman Pedmm, second by Mayor Byrd to ~ve tl~ conceptual design of the Vztemm Memori~Omdoor D~ign. ROLL C~,LL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSF_21T: NONE RODRIGUEZ~ CONSENT C~L~iDAR All m*.~,~ listed under the Conseat C~dend~ will be a~ted upon by one motion affirming the ac~/ou r~.z)mme~4~ ou the ~'~ 'Pam~ will be no s~tmr~e di~u~iou on these items prior to voting u~l~ss members of the Council or staff requ~t sp~c't~c imm be removed from the Consent Cslendsr for separate action. Councilman P~droza - Pulled Item #16. Mayor Pro Tern Vasqt~z - Pulled Items #10, 1 i, 12 and 14. It was moved by Counclh~,m Pedmza, __~co__nd by Mayor By~i to _recdve md file and adopt 1he followi~ Re~olution. Item #13: SKATE PARK STAFFING MODIFICATION The purpose of thl, item is to have the Lynwood City Council comidzr put,rial modi~o~.tion to/he exipln_.o level of supervisiofl for the ,,~,~ ~ Stl~l~oomm~q~ds that the City Council authorize surf to ph~ out the staff sulmvisiou of the Skate Park. l~m #15: RELIABLE ELECTRIC SERVICE ACT OF 2004 The purpose of this item is to have the city Coundl of pendin~ legislnfion re~a~in_u the ~gulatory frnm~-work of power resources and have the Council adopt a t~olufion in support of the legislation. itlr. SOLUTION NO. 2~L060 Eh-Hi tED: A RESOLUTION OF THE ~H'~ COUNCIL OF THE ~rr~' OF LYNWOOD SUPPORTING ASSF.24BLY BILL 2006 (NUNEZ) THE RELIABLK ELECTRIC SERVICE ACT OF 2004. Item#18: AWARD OF CONTRACT - CAR.LIN AVENUE WATER MAIN IMPROVEMENT The puq)ose of this iron i~ to awaixl a contract ~ Eaginzemt Plumbing Inc. fo~ the Cathn Avenue W~t,,, Main Improvement Projeot. A bid opening wm held on Mawh 30, 2004 and Engineered Plumbing Inc. was the appnrent lowest bi&i~r. RESOLUTION NO. 2004263 ENTITI A RESOLUTION OF ~ CITY COUNCIL OF THE ~ OF LYNWOOD AWARDING A CON'rRACT TO ENGINEERED PLUMBING INC. IN THE AMOUNT OF $307.675.00 FOR THE CAI~LIN AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT NUMBER 5=5"250 AND AUTllORIZING THE MAYOR TO EXECUTE THE AGREEMENT. ROLL C~u.: AYES: COUNCILMEN PEDROZA, VAS~UEZ AND BYRD NOES: NONE ABSTAIN: NONE ABS]~T: NONE RODRIGUEZ, SA.NTIS ,I ,4,N, Item #10: REQUEST TO SOLICIT PROPOSALS FOR INFORMATION SYSTEMS MASTER PLAN The purpose of this item Ls to have the City Counc'd t~view the ~'hed draft request for p/oposals (RFP) to prepare the Information Technology Master Plan and authorize staff ~ solicit p~o~o~nls to ~ 'the plnn. Mayor Pro Tern V~luez - Questioned Item #10. It was moved by Mayor Pm T~m Vnsqu~z, second by Mayor Byrd to approve staff's ~quest to solicit proposals from various firms to provide the cost and ~,uaah to complete a City of Lynwood Technology Masl~r Plan. ROLL C~IJ.I AYES: COUNCit,MEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #11: LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT The purpose of this item is to have the City Coundl _n4o__pt Local Taxpayers and Public Safety Act, a ballot initiative being co-sponsored by the Le~ue of California Cities. If succe~fitl, the initiative will provide Constitutional proto~on to local goveramem revenues. Mayor Pro Tern Vnsquzz - Que~ioned Item #11. h w,z mov~l by M~yor Pro Tern V~qu~, secomi by Coumilman Pedwm ~o MOl~ ~he following R~olufion. R~-~OLUTION NO. 2/~4.057 ENTI~.a.~: A I~OLUTION OF THE crl-f COUNCIL OF ~ CITY OF LYNWOOD SUPPORTING A STATEWIDE B.~LSOT INITLA, TIVE TO REQUIRE VOTER APPROVAL BEFORE THE STATE GOVERNM~_2/T MAY TAK~ LOCAL TAX FUNDS. ROLL CALL: AYES: COUNCILMEN PEDROZA~ VASOUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, I+'"-' #1~: PROPOSED UNDERGROUND DISTRICT NO. 11 On June 17, 2003, th~ City Council approved the formation of tl~ UL-,~round District No. I1, which encompasses the desitn~,,,4_ Llmwood Do~mtown loosed along Long _B~c__h Boulevard b~ween Martin Luther gln=o Jr. Boulevant and Josephin~ A~mue. As requi~t by Ordinance No 848, the adm/nisU'ative Commltt~ roi' ehi~ ~[~g~nna district was formed to prepare the fnctual report estnblishing ~he proposed disUict and hm~-with submitted for City Council's review Ordinance No. 848 also requires the City Council to set this matter for a public hearing. Mayor Pro Tern Vasquez- Questioned Item//12 Dhector of Environmental Services/City Enginee~ Yadi Farimdi - Explained the Item to Council. It was moved by Mayor By~ second by Coundlman Pedro~ to ~lopt the following Resolulion. RESOL~ON NO. 2004.058 ENTITLEn: A RE,~LUTION OF THE cH'f COUNCIL OF TmZ c~-~-f OF LYNWOOD SEi-r~IG A PUBLIC HEARING FOR THE FORMATION OF UNDERGROUND DI~-I'KICT NO. II. ROIL C~LL: AYES: COUN~ PEDROZA, VABQU~Z AND BYRD NOES: NONE AB~: NON~ ABSENT: NONE RODRIGUEZ, Item #14: CMC CEI~'I~R MASTER PLAN - PURCHASE ORDER AMENDMENT West G~up Designs has requested ~omlasuafion for ,,daifional studies and asaoci~__ work completed for the Civic Cente~ Mastm' Plan. ~ work is beyond ll~ original saope of work. IVlayor Pm Tern Vasquez- Qumtion_~_ l~m #14, Dh-~r of EavLmameatal S~'vice~/Cit7 g~-~r Yadi F~t_ ! - Expt.i,~t the Item to Council. It was moved by Ma)or Pm Tern Vasquez, so:and by Ma)or Byrd to adop~ th~ following Resolution. I~-~OLUTION NO. 2004.0~9 ENTITLF. D: A RESOLUtiON OF ~ cft'f COUNCIL OF ~ CITY OF LYNWOOD AUTHORIZING AMENDING WEST GROUP DESIGNS RIOaTIHG COI~tliACT FOR DF_.,SIGN OF THE CIVIC CENTER MA~-rzR PLAN IN ~ AMOUNT OF $13,810.00 AND AUTHOI~;71NG STAFF TO PREPAI~ ~ PURCHASE ORDER AIVI~NDMRNT. ROLI~ C~LL: AYES: COUNCILMEN PEDROZA, VASOU~Z AND BYRD NOF~: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, Item #16: SENIOR CrIIZEN CENTER - PURCHASE ORDER AMENDMENT The Steinberg Group has roque~d compe~mtion for additional design woek ass~isted with tl~ Senior Citiz~ Center. This work is b~yomi ti~ oriBiml SCOl~ ofwo~ Coullcilr~a Pedroza - Questioned Item #16. Director of Eaviroamemal Services/City F~.e~, Yadi Far--al - F_,xpla~ned the Item to Council. h w~ mov~ by Councilman l~lrom, s~cond by IVlayor Blmt to adop~ tim following l~olulion. RESOLUTION NO. 2004.061 ENTITLED: A RE.~LUTION OF THE ~rs-f COUNCIL OF ~ CITY OF I~YNWOOD AUTHORIZING AMF~NDING ~ STgJNBRRG GROUP COIv~xf, ACT FOR DESIGN OF THE SENIOR CITIZEN Cg~rrff, R IN ~ AMOUNT OF $43~00.~0 AND AUTHORI?~D STAFF TO PREPARE ~ PURCHASE OI~RR ROLL C~,~ .~ .: AYES: COUNCILMEN PEDROZA, VASQUlt.~. AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONg RODRIGUle.7~ ltm #17: APPROVAL OF THE WARRAHT REGISTER Councilman Rogri~-__-~ - Qu~iioned wammt number 121538. Diggor of~ l~rvi~s/City Eugin~ Yadi Farhmii - F_.xptained the ss~uTant to th~ Cmmoil. It was mov~l by Cotmoilman aoddsuez, ~ by Councilman Pedroza to adopt the followi~ R__,~_ Imion. ]au-eOLUTIQN NO. 2004.062 E ..KI~FLED: A ~LUTION OF ~ CITY COUNCIL OF TIlE cal'Y OF LYNWOOD, CALIFORNIA, ~,IJ.OWING AND APPROVING 'rm~ DF, MANDS AND WARRANTS 'tHeREFORE. ROi.i. C,~.~.~' AYES: COUNCILMAN PEDROZA, RODRIGU~ VASQUEZ AND BYRD NOF.~: NONE ABaTAIN: NONE ABSENT: NONE DISCUSSION rrEM~ REQUEST FOR THE USAOE OF COMMUNI'I TffRAN$IT CENTER AND RESERVOIR FOR A BASKETBALL TOURNAMID4T The purpose of this item is to have the City Council comid~ a request f:mm the Catholic Chumh Rebuilding Committee of the Community of Atepec, Sine of Omuwa to usg the Community/Transit Cemer gy~--~um ss well ~s th~ reservoir m conducl a bssketl~l toutmm~t wi~h the rmtei fees for usage of the~e f~cilitins waived for May 30, 2004 sad June 6, 2004. Funds raised are to *-~t with the reconsmaction of theh' church in Mexico. ROLL CAI.l,: AYF.,~: COUNCILMEN PEDROZA, YASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGU~.7~ SJ.]~l'l" Item#20: APPROVAL OF THE DRAFT CDBG/HO~ CONSOLIDA~J.~ ANNUAL ACTION PLAN FOR FISCAL YEAR 20042005 The purpose of this ~ is to have the city Council review and N,~,,ve the ~ Consolia-t__,~ Action Plan for fiscal year 2004-2005. Deputy Director of Administrnfive Services Annette Porn - Pmscoted a pmsent~tlon to Council. I~ was movui by Councilman Pedmza. _ _,~'_onO by Councilwoman Santilinn to ~ th~ following Resolution. RE.qOLUTION .NO. 2004~4 F..Nn~-t. ED: A RESOLUTION OIF Tm~. CITY COUNCIL OF Tm~ t~l'l-~' O!~ LYNWOOD APPROVING THE CDBG AND HOME CONSOLm&TED ONE-YEAR Ac-~-~ON PLAN FOR FISCAL YEAR 2004-20~. ROLL CAI.I.: AYES: COUNCILMEN PEDROZA, VASQUEZ ~ BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ~ Itm g21: HAM PARK REPLACEMENT PROJECT CONSULTANT SELECTION Staff has completed fi--! evaluslion of the three consulm~ finns. The puq~ose of this item is to have the City Council mvi~v staff report and selee~ a consulting firm for the Ham Park Replacement Pwject. Paragon and Univ~,--I have ~ceived identical Imnklno* from mfr. It was moved by Councilman Pedroza, s~cond by Counoi~msn Rodriguez to select Paragon Consulting Finn. It was moved Mayor Pro Tern Va.squez, __,et'o__nd by Councilwoman Sanlilhn to select Universal Consgfin~ Firm. SUB~txrurJ~ ROLL CALL: AYES: COUNCILMEN SANTn.LAN, VASQUEZ AND BYRD NOES: COUNCILMAN PEDROZA AND RODRIGUEZ ABSTAIN: NONE ABSENT: NONE CLOSED SF,~ION Item gL3: CLOSED SESSION ITEMS: CiW Attorney BelU-an sU~d, with m~q)ec~ to tw~,7 iU~n of buzimms to b~ discmm~ in ~oin~ Close S~sion pu~mm to Section 54956.8: A. Confu~x~ with Legal Counsel - Two (2) Cases: Univ~nl M~ Medin B. Lindbergh F. lemenuuy School and Los Amigos Park It was moved by Councilman Rodriguez, second by Mayor Byrd sod carried to ~ the Joint Close Session at 9:35 pm. Counc'd mconveued at 11:30 p.m. City A__m~_m~y Beliran siated that th~ Council m~t ou the ~0mmeulioued mat~s and slated on: A, Confimmce with Legal Counsel - Two (2) Cases: Universal Mi*, Medis- No l~pombl~ Action B. Lindbergh Eiemcniary School and Los Amigos Park: Counoll directed ~tsfl' to bring back for further dbeufalon. ADJOURNMENT Having no fu~her discussion, it was moved by Couno'~nm P~dro~, secomt by Mayo~ Byrd ami carried to adjourn ~e Regular Council Meedn~ at 11:40 p.m. Louis Byrd, Mayor And~a L. Hoop~r, CiV7 Clerk DATE: TO: FROM: BY: SUB3ECT: .lune 1, 2004 HONORABLE MAYOR AND MEMBERS OF THE LYNWOOD CITY COUNC3L Lorry Hempe, City Manager '~ Autra C. Adams, Special AssistantJ[ntergovemmental Relations Gov Pafb~er Contract Extension The purpose of this item is to provide the City Coundl with a presentation on the Request Parl~er system and receive authorization for a contract extension with Gov Par'ruer for the continued use of the system through December 31, 2005. BACKGROUND: tn December 2001 the Oty of Lynwood entered into a contract with Gev Partner for use of the Request Partner system. Request Partner Is an intemet based software application that is utilized by staff for tracking of service requests received by the ab/of Lynwood regarding Electronic Govemment and various Electronic Government Applications offered by this agency including their Service Request system Request Partner. In addition to this being an internal tracking system Request Part~er can also be acce~___~=,d on the intemet by Lynwood residents. The system allows for requests for services and information or reporting of problems to take place 24 hours a day 7 days a week and also provides the ability to go back into the system at a later date and check the status of their particular issue. ANALYSX. S: Request Partner has improved the effectivene~__ and effidency of the City's ability to track and manage service requests. Members of the Lynwood Community would benefit by the new applicaUon because it would allow for requests for services and information or reporUng of problems to take place 24 hours a day 7 days a week as opposed to the current system when this can only take place during office hours. In addition, users of the Request Partner system will have the ability to go back into the system at a later date and check the status of their particular Issue. Other benefits of Request Pafb~er Include the ability to generate comprehensive, routine or customized reports, which can be used In both the planning and budgeting process. AGENDA REM The original agreement staff negotiated was a two-year for a $6,500 set up fee and a $750 monthly fee. The agreement allowed for an additional extension for up to two years with an optional fee Increase. Gov Partner has agreed to extend the conb-act without any fee increase. The funds for this system have bccn identified in various City of Lynwood accounts have a very minimal impact on the general fund. Staff is antidpating that the Request PaFmer system will be online in .lanuary of 2002. RECOMMENDATION: Staff recommends that the City Coundl receive a presentation and adopt the attached resolution entitled, ~A RESOLUTION OF THE CITY COUNCIL OF THE CI'TY OF LYNWOOD AUTHORZZING THE MAYOR TO SIGN A CONTRACT EXTENSION WITH GOV PARTNER FOR USE OF THE REQUEST PARTNER SYETEM." RESOLUTION NO. A RESOLUTION OF THE CZTY COUNC:ZL OF THE C:[TY OF LYNWOOD AUTHOpTTTNG THE MAYOR TO SZGN A CONTRACT EXTENS.TC)N W2TH GOV PARTNER FOR USE OF THE REQUEST PARTNER SYSTEM WHEREAS, The Ob/of Lynwood is desirous to increase the quality of life In the Ob/through the implementation of various technological applications; and WHEREAS, The City has utilizes Request Partner, a software application that allows access for employees and residents via bhe [ntemet with 24/7 acc~; and WHEREAS, proce~___~; Request Par'ruer has enhanced the effidency of the Service Request WHEREAS, The attached letter would authorize a conEact exl~nsion through December 2005 with a $750 monthly fee. NOW, THEREFORE, THE CTrY COUNCZL OF THE CITY OF LYNWOOD DOES HEREBY I=[ND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The Cib/Manager or her designee is authorized tx) carry out any nece~_-~ry t~ansactions as so ordered by this resolution. Secfl~ 2. That the Qb/Coundl authorize the Mayor to sign the attached letter ex, riding the current agreement for the Request Partner system through December 2005. Section 3. That the Ob/Coundl authorize the Cib/Manager to Identify and allocate funds from various City of Lynwood and Lynwood Information [nc. accounts to meet the Cib/'s financial obligations relative to the agreement. Section 4. This resolution shall take effect Immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this day of 3une, 200~. ANDREA L. HOOPER, ~ CLERK APPROVED AS TO FORM: LOUI~S BYRD, MAYOR APPROVED AS TO CONTENT: CTI'Y ATTORNEY LORRY HEMPE, CTI'Y MANAGER STATE OF CAL~FORNL4 }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 day of , 2004. AYES: NOES: ABSENT: ABSTAIN: ANDREA L. I"K3OPER, CZTY CLERK STATE OF CAL[FORNZA }SS. COUNTY OF LOS ANGEl FR ]~, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file In my office and that said Resolution was adopted on the date and by the vote therein stated. Dat~l this day of ,2004. ANDREA L. HOOPER~ CITY CLERK DATE: TO: FROM: BY: SUBJECT: June 1, 2004 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL; Lorry Hempe, City Manager~ Yadi Farhadi, P.E. Director of Environmental Services/City Engineer Paul Nguyen, Public Works/Engineering Manager Public Hearing Proposed Underground Di~kict No. 11 PURPOSE: To recommend that the City Council hold the public hearing and adopt the attached Resolution establishing Underground Di~ixict No. 11. BACKGROUND: As required by Ordinance No.848, the Administrative Committee (Committee) consisting of the Mayor, City Manager, Director of Public Works, Building and Safety Manager and representatives of the effected utility agencies was formed to prepare the factual report establishing the proposed district bour~ch_ries, underground work and associated costs. To assist the Committee with the detailed analysis relative to the planning and budgeting of the DiuUict, the City has retained H&P Systems to provide the needed underground engineering services. The Committee first met on August 6, 2003. During this meeting thc Committee defined thc district boundaries to include the area bounded by Imperial Highway, California Avenue, the 1-105 Freeway and Fernwood Avenue. The proposed district area was also prioritized in three phases. The first prim~tty was given to the on-going development phase located between State Street and Long Beach Boulevard. The second and third priorities were assigned to the future development sites located west of State and east of Long Beach Boulevard, respectively. After several subsequent meetings in which the Committee discussed underground options and associated costs, on March 23, 2004, the Committee voted to select Project Alternative recommended by H&P System. Please refer to the attached report for details. This alternative would provide the aesthetic improvements of the project area while still maintaining a balance of $822,000 of Rule 20A funds in the year 2005. These funds are available for the City to complete the underground of overhead utilities in the other two areas of this underground district. In accordance with Ordinance No. 848, the City Council at its regular meeting of April 20, 2004 adopted Resolution No. 2004-058 calling for a public hearing on the fommtion of Underground District No. 11. The Notice of Public Hearing was published in the Lynwood Press Wave on April 29, 2004. AGENDA 1© The public hearing is conducted to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within the designated area. On May 18, 2004, the City Council held the public hearing on this matter and continued the public hearing to the regular City Council meeting of June 1, 2004. ANALYSIS: Per the Administrative Committee's recommendation, City Council may approve the establishment of Underground Di.~Uict No.11, implementing the Priority 1 Area with the scope of work of Option III mentioned above. As an alternative, the City Council may select any of the other alternatives given in the attached report, or disapprove the establishment of this underground district. Should the City Council select any alternatives other than Alternative IH, the attached resolution shall be modified accordingly. RECOMMENDATION: Staff recommends that the City Council adopt one of the following three options: A. City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE UNDERGROUND DISTRICT NO. 11, THE PHASING PRIORITIES AND THE SCOPE OF WORK FOR PHASE I". Bo City Council select one of the other three alternatives given in the attached report for the Underground District No. 11 and direct staffto modify the attached resolution accordingly. C. City Council elect to disapprove the establishment of the Underground District No. 11. H & P SysTEmS, iNC. A Professlona! Eng~neenng Servlces Company City_ of Lynwood Findings and Recommendations of the Underground District ~11 Administrative Committee March 31, 2004 City of Lynwood City Hall 11330 Bullis Road Lynwood. ca 90262 H&P Systems, Inc. 24745 Greentree Lane Lake Forest CA Ph, (949) 231-1158 Fax (949) 830-0730 Email: apaleyOh-psysterm.com Fjpd~nas and Recon-lmendahons ot Un~aera~ound D~stnct ~1" .~, .~1 04 I. Executive Surnma~ This report is o summary of the findings made at the various meetings held by the City of Lynwood UG District ~11 Administrative Committee (A/C). The committee included the Mayor, the Ci~/Manager, Public Works Director, City Inspector and representatives of participating utilities. H&P Systems, Inc. was retained by the City to investigate and provide various options and cost opinions on the components of the proposed underground district. In a previous letter to the City Manager. H&P outlined four alternatives for the underground district configuration. These alternatives were discussed in detail by the Committee at the A/C Committee meeting held at the City Hall on March 23, 20[]4. The A/C Committee is recommending the Councils adoption and approval of underground conversion Option III. This option provides for the removal of oil the overhead electric lines along Fernwood Ave. from State Street to Court Street. It also retains a positive balance in the Cities 'Rule 20A~ budget allowing other UG projects to be planned for the future. The A/C Committo,~, determined that this option was the best oltern~live in that it would achieve the greatest aesthetic benefit to the City and maintain budgets for future projects. Page 2 of 2 ,Findlnas and RecornmendcillOn~ of Underaround D~stnct ~tl 1 ;~ ~ i ~4 II. R,,le ~OA Ih~l_aet Allocations and Estirn~tecl Pro!eot Cost Elements The UG Committee originally developed a three-phased under grounding program for Disl,ict ~11 (See attached Map - Proposed Underground District ~11). Area 1 is the area surrounding Plaza Mexico (bordered by State Street, Frccway 105, Long Beach Blvd and Imperial Highway). Area 2 is the area west of State Strcct between Highway 105 and Imperial Highway. Area 3 at this time is a predominantly residential area east of Long Beach Blvd. Area 3 would not immediately qualify for Rule 20A funding L/ntil it is redeveloped (or during redevelopment) into a commercial area. Similarly, Area 2 conversion costs will reduce significancy when the properties in that area have been vacated for redevelopment.. The Committee has focused its consideration on the project affematives for Area 1, The following Rule 20A budgets levels and cost assumptions were used as the basis of review: · Current available Rule 20A Allocation = 82,052,000 (Including the year 2004 Allocation) · Future Allocations = $260,000 / Year, (Starting in 2005) The overhead electrical lines in Area 1 that were considered for relocation underground, were divided into fn~e components and are described below: a) 2050 fl. of 66 kV Transmission Une. The under grounding would extend from SCE's Femwood Substation easterly to the North-East quadrant of the Long Beach Bird/105 Freeway interchange. Cost = $1,500,000 b) 250 ft. of 66 kV Transmission Une from SCE's Femwood Substation under the 105 Freeway to its southerly right of way boundary line. (This requires a bare casing across the Freeway right of way - sized to house 6 conduits). Cost = $100.000 ¢) 1025 ft. of 66 kV Transmission Une. The under grounding would extend from SCE's Femwood Substution, to just east of Court Street. (Note this is a planning estimate based on SCE's average cost per foot for under grounding its Transmission facilities.) Cost = $750,000 Page 3 of 3 Fjpd~nas and Reconqnlendat~ons at Und~raroiJna Dl".tll~.t ~ ~ ", . Note: This line is physically the same as in Item Ila above, but this option considers only 1025 ft. of the line, not all 2050 ft. d) 2000 ff. of 4 kV and 16kY Distribution Unes. The under grounding would replace the overhead lines from State Street to Court Strcct on Femwood Ave. Cost = $660,000 e) SCE's telecommunications equipment and line from Femwood to Lynwood Substation. Cost = $ 80,000 Note: Please see uiiached maps and photos for visual representation of each alternative. Project $co~e - Underground all Transmi~ion (66 kV) facilities (Items II a & b), all Distribution (4 kY and 16 kY) facilities (Item II d) and SCE Telecommunication facilities (ffem II e). (S¢c map attached - UG District ~11: Alternative I) Project C~Jl & Budget Iml~ct: SCE's estimated cost to underground all of the power line facilities within this area is $2,340,000. The budgets impacts are: Available Budget 2004 - Available Budget 2005 - Project Cost 2005 - Balance 2005 - Available Budget 2006 - $ 2,052,000 $ 2,312,000 $ 2,340,000 (-S 28,000') $ 232,000 Discussion: The main opposition to this Alternative was that It would require the Ctly to borrow from its future Rule 20A allocations. As cost figures indicate, this project affernative would create a negative allocation through 2006 and postpone under grounding in Area 2 until 2009. SCE allows borrowing against future allocoiions up to 5 years. However none of the Committee members feff that that would be a prudent idea. In addition, the need to remove the 66 kV line over the 105 Freeway was not considered a necessary item. The Committcc feels that the CaI-Trans permits would also be difficult to obtain, Page 4 of 4 Rndlnas and RecorPmendC~OnS ot gpderaround Dtst.,~t ~11 $CE advised the UG committee that for this project scope to be feasible; $CE's must be able to install the underground transmission facilities in a location that is free from foreign encumbrances and where satisfactory easements can be obtained. In addition, $CE advised the committoc that they would also have to secure the necessary permits from Cal-Trans in order to make the underground freeway crossing. IV. Prc!=~ AJtemalive II Project scope - Underground the Transmission (66 kV) facilities (item II a), all Distribution (4 kV and 16 kV) facilities (Item II d) and SCE Telecommunication facilities (Item II e). Note this leaves the existing freeway crossing in place as an overhead line. ($cc map attached - UG District Jr11: Alternolive II) Project Cost & Budget Iml~ct: The estimated cost to underground these power line facilities is 82,240,000 and it is assumed that project completion could be achieved by December 2005. The budgets impacts are: Available Budget 2004 - Available Budget 2005 - Project Cost 2005 - Balance 2005 - Available Budget 2006 - 2,052,000 2,312,000 2,240.000 (+$ 72,000) $ 332,000 Discussion: Again, the main opposition to this Alternative was that It would require the City to borrow from its future Rule 20A allocations. The cost figures indicate this project alternative would create a negative allocation through 2005 and postpone under grounding in Area 2 until 2008, This project oltern~live provides for the existing 6~ kV facilities across the 105 Freeway will remain overhead. The positive aspect of this Alternative was that it would remove all overhead lines in Area 1, with the exception of the freeway crossing. Again as in Alternative I. SCE advised the committcc that SCE" must be able to instoll the underground transmission facilities in a location that is free from foreign encumbrances and that satisfactory easements can be obtained. Page 5 of 5 Find~nas and Recommep~lal~ons of Unct~raround D~strlC, t ~ 1 ~, ~, v~]/~"~ V. Pro!act Altern~dive III (Recommended) Project scope - Underground the Transmission (66 kV) facilities (Item II c), all Dish;bufion (4 kV and 16 kV) facilities (Item II d) and $CE Telecommunication facilities (item II e). Note this reduces the under grounding distance of the transmission facilities by elimination of the Long Beach Blvd crossing, as well as leaving the line crossing the frccway overhead. (Scc map attached - UG District ~11: Alternative lid Pro e t ost & Budget The estimated cost to underground these power line facilities is $1,490,000 and it is assumed that project completion could be achieved by December 2005. Available Budget 2004 - Available Budget 2005 - Project Cost 2005 - Balance 2005 - Available Budget 2006 - $ 2,052.000 $ 2,312,000 $1,490,000 +$ 822,000 $1,082,000 Disc~Jssion: This project alternative provides for the existing overhead 66 kV lines crossing Long Beach Blvd. to remain overhead. The underground would extend to approximately the location of the first existing SCE transmission pole west of the interchange. In addition, the freeway crossing also remains overhead as in Project Alternative II. A big positive paint for this affemafive is that it would maintain a pasitive budget in the Cities Rule 20A fund. The negative point is that it would leave about 1025 feet of 66 kV transmission line in Area 1. ff was argued that the 1025 ft, of transmission line to be retained (from Court Street to east of Long Beach Blvd.) was newer and the overhead pales are in better physical shape than those from Court Street to The Femwood Sub-station, The poles visual impact (SEE picture) is not as negative as the other lines due to their condition and their physical location. Also. the crossing of Long Beach Blvd. could be included in the future UG project for Area 3. As the cost figures indicate, this project alternative provides for a continuing pasitive budget balance sufficient to also start and complete the under grounding of facilities in Area 2. This of course would be subject to the timing of the redevelopment projects. Page 6 of 6 Findlnas and Recomrnenda~ons of upclerarouncl D~tr~ct ~1; Again as in Alternative I, $CE advised the committee that $CE' must be able to install the underground transmission facilities in a location that is frcc from foreign encumbrances and that satisfactory easements can be obtained. VI. Pm.iect Alternative IV Project scope - Underground only the Distribution (4 kV and 16 kY) lines (Item II d) and $CE telecommunication facilities (Item II e). Note this leaves all of the Transmission facilities lines as overhead. (See map attached - UG District ~11: Alternative IV) Project Cest & Badger Impack. $CE's estimated cost to underground these power line facilities is $ 740,000 and it is assumed that project completion could be achieved by December 2005. Available Budget 2004 - Available Budget 2005 - Project Cost 2005 - Balance 2005 - Available Budget 2006 - $ 2,052,000 $ 2,312,000 $ 740.000 +$1,572,000 $1,832,000 I)|lCUllion: As cost figures indicate, this project attemative provides for a continuing positive budget balance sufficient to start and complete the under grounding of facilities in Area 2 and possibly Area 3. This project alternolive provides for the existing overhead 66 kV lines to remain overhead. The main objective for this alternative is that the old and deteriorated overhead poles would remain in place. Replacement of the wood poles with new and fewer concrete or steel poles is an option. However SCE would not be permitted to rebuild / upgrade the existing wood transmission pole shuctures to new stc, c,~ poles under the Rule 20A project and its funding. The estimated cost of installing these new stccl poles was provided by $CE as 8675,000. This is only $75,000 less than under-grounding the lines. Therefore the Committcc decided that this option was not viable because it did not accomplish the intent of the Project. Page 7 of 7 Find~nas and R~cornmer~laflons of Underarou,nd D~strlct ~l 1 ~, ~* ~?/ VII. R~comm~nclation: The A/C Committcc recommends that the Couns~ approves Project Alterncrl~ve III. Upon counsel's approval, an enabling undergrounding resolution will be prepared, and presented for approval to the Counsel. Adoption of the resolution will start the design budgeting, and construction process of the project. The A/C concludes that this project best achieves the objectives of the City's strategy for under grounding of public utilil~/facilities within District ~11. - End of Memo - Page 8 of 8 · Underground District ~tl 1 (with Areas 1,2,3 shown) · Underground District ~11, Area 1, Affemative I · Underground District ~tl 1, Area 1, Affernative II · Underground District ~tl 1, Area 1, Affemative III · Underground District ~tl 1, Area 1, Affemative IV ~LL Ow SEa, Z 7 0 c..D .7 · 66 kV Transmission line over 105 Freeway (to remain in Alternative Ill) · Grape St. to State St. (looking west along Femwood) These 3 poles and all wires will be under-grounded in Alternative III) · The crossing of State St. and Femwood looking east. All poles and wires will go underground in Alternative III. · Proposed Riser Pole at Court St. This pole will remain, as well as the 66 kV transmission lines going east across Long Beach Bivd in Alternative III. Pole in foreground will be removed. · Femwood in front of Chuckle Cheese Restaurant. All poles and wires will go underground in Alternative III. · Femwood and Court Streets. All poles and wires will go underground in Alternative III. 66 KV FREEWAY CROSSING (TO REMAIN] RISER POLE AT COURT ST. {THIS POLE AND WIRES GOING EAST REMAIN] ALL POLES AND WIRES GO U/G IN FRONT OF CHUCKLE CHEESE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING UNDERGROUND DISTRICT NO. 11, THE PHASING PRIORITIES AND THE SCOPE OF WORK FOR PHASE I The City Council of the City of Lynwood dies hereby resolve as follows: WHEREAS, by Resolution No.2004-058, a pubic hearing was called for May 18, 2004, at the hours of 6:00 p.m., in the Council Chambers in the City Hall, Lynwood, California, to ascertain whether the public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar associated service, within that ce~_ain area of the City described as follows: WHEREAS, a public hearing is required to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and facilities for .supplying electric, communication, or similar or associated service in any such district; and WHEREAS, it has been recommended that such an Underground Utility District No. 1 I, herein after called District, be formed to encompass the area described below: The area bounded by the northerly fight-of-way line of Imperial Highway to the north, the easterly right-of-way line of California Avenue to the east, the northerly right-of-way line of the 1-10S Freeway to the south and the northerly right-of-way line of Fernwood Avenue to the west, in the City of Lynwood, County of Los Angeles, State of California, as shown in Tract No.921, Modjeska Park Tract and Tract No. 2SSl. WHEREAS, notice of such hearing has been given published in the manner and within the time required by law. WHEREAS, such hearing has been duly and regularly held and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section 1: Pursn_ant to Ordinance No. 848 of the City of Lynwood, the above- described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 11 of the City of Lynwood. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this resolution, is a map delineating the boundaries of said District, which displays the phasing sequences marked as Priorities 1, 2 and 3. The City Council authorizes the implementation of Priority 1 which scope of work is defined and shown in Attachment "B" attached herewith. Section 2: The City Council does hereby fix June 1, 2008, as the date on which affected property owners must b~ ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service within Underground Utility District No. I 1 on or before July 1, 2008. The date of completion may be extended by written agreement of both parties. Section 3: The City Clerk is hereby instracted to notify all affected utilities and all person.q owning real property within Underground Utility district No. 11 of the adoption of this resolution within ten (10) days after the date of such adoption. Said City Clerk shall further notify said property owners of the desire to continue to receive electric, communications or other similar or associated service, they or such occupant shall, by the date fixed in this resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to appliemble rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities cowmlssion of the State of California. Such notification shall be made by mailing a copy of this resolution together with a copy of said Ordinance No. 848, to all affected property owners as shown on the last equalized assessment roll and to the affected utilities. Section 4: The City Council hereby finds and determines that the Underground Utility District herein created is in the general public interest for the following reason: To improve the aesthetic of the area bounded by the District. Section 5: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of ,2004. ATTEST: LOUIS BYRD, Mayox City of Lynwood ANDREA L. HOOPER City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT: City Attorney LORRY HEMPE City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of and passed by the following vote: ,2004, AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, tree and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2004. City Clerk, City of Lynwood O0(LL o ~ ~OlO Rnd~nas and Recommendations of underaround D~SITlCt t~l 1 ~,~ ~i ,,~,~, V. Proiect Alternative III CR~commended) Proje~ s~pe - Underground the Transmission (66 kV) facilities (Item II c), all Distribution (4 kV and 16 kV) facilities (Item II d) and $CE Telecommunication facilIties (Item II e). Note this reduces the under grounding distance of the transmission facilities by elimination of the Long Beach Blvd crossing, as well as leaving the line crossing the freeway overhead. (Scs map attached - UG District ~11: Alternative III) I~)jecl C~d & ~d~et Iml~cl:, The estimated cost to underground these power line facilities is $1,490,000 and It is assumed that project completion could be achieved by December 2005. Available Budget 2004 - Available Budget 2005 - Project Cost 2005 - Balance 2005 - Available Budget 2006 - $ 2,052,000 8 2,312,000 $1,490,050 +8 822,000 $1,082,000 Date: To: From: By: Subject: June 1, 2004 Honorable Mayor and Meml~ ~ the City Council Lorry Hempe, City Manager ~D~,'~/ Jim Given, Director of RecreatiOn & Community Services Request for Special Permit: El Faro Restaurant June 18~, 19~ and 20~, 2004 PURPOSE To have the City Council consider a request from Mr. Joe Garcia of El Faro Restaurant to conduct a grand opening celebration at 11120 ~lantic Avenue on June 18~, 19~ and 20~, 2004. BACKGROUND A request has bccn made by El Faro Restaurant to conduct a Grand Opening event in the parking lot on June 18~, 19~' and 20~, 2004. ANAYLYSIS The El Faro Restaurant is the sole business at 11120 Atlantic Avenue. The event will be held during the following schedule and will include entertainment. · Friday, June 18,'2004 · Saturday, June 19, 2004 · Sunday, June 20, 2004 4:00 p.m. to 8:00 p.m. 11:00 a.m. to 6:00 p.m. 10:00 a.m. to6:00p.m. Attached please find a copy of the layout of the area as provided by the proponent. This particular request will involve no street closures and involves the use of pdvate property only for the event. In the past for events such as this one the Sheriff Department has requested that two (2) unifo~i~ied security officers are on-site during the entirety of the duration of the event. This is a stipulation that staff determines to be prudent. In addition, the proponent of this event would need to successfully complete any requirements of the Fire Department as well as pay any and all permit fees. CONCLUSION/RECOMMENDATION Staff recommends that the City Council review this report and approve this request based upon the following conditions: · The proponent of the Permit agrees to pay all pef'~it fees. · The proponent has met all requirements set forth by the Fire Department. · The proponent agrees to provide the security requirement set forth by the Shedff Department. Attachment 'A' - Layout for Activity Attachment 'B' - Appllcatmn for Special Permmt JG jg RecreaI~\SPECPERM El Faro Restaurant 6 1.04 AGENDA rI-P_M 82/18/1996 23:16 3186384845 CZ*TV OF L"R4,~OD PP, GE 81 · f*"'* CITY OF LYNWOOD e 3APPLICATION FOR SPECIAL PERMIT 1133o BULLIS ROAD LYNWOOD, CA 90262 ~ 10-603-0220 APPUCANT INFORMATION: NUMBER OF PERSONS EMPLOYED ~ ~E (S~ ~ of Equil~on Numar) ~ENT INFO~TI~ HOURS OF OPERATION (~/~/~ ,/~- / ADOREBS OF PROPOSED EVENT LOCATION SPECIFIC AREA DESIGNATED FOR EVENT ,,~,~,,~_ /~ ~o ~ IS STRE~ CLOSURE BEING REQUESTED YES ~ (CIRCLE ONE) (IF YES, BRIEFLY ~P~IN R~SON FOR ~ENT ~D CLOSURE ) IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? IF YES. WHERE AND WHEN ,/~ r/,~... IS THIS A FOR-PROFIT OR NON-PROFIT EVENT'~ (CIRCLE ONE) YES IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOV%qNG NAME OF ORGANIZATION BEING BENEFITED STATE NON-PROFiT NUMBER ADDRESS OF ORGANIZATION IS A WAIVER OF FEES BEING REQUESTED IF YES, EXPLAIN PHONE A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY I HEREBY CERTIFY THAT ALL STAT "MENTS MADE IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FAC.,T-~,WtLL CAUSE A FORFEITURE OF FEES AND DENIAL OF PERMLT I /~ ~' D ' ~'-~IGNATURE OF APPLICANT DATE SIGNATURE OF APPLICANT ACCEPTANCE Of= THIS. APf~t.iCATtOfl FOR REVIEW IX~$ NOT tMI~Y ~"~'~OVAL THIS PERMIT REQUIIRES Crr'Y ~IL ~a~'~T'F~.~VA, L YOU W~LL BE NOTIFIED ACCORDINGLY DATE FOR CITY USE ONLY CITY CLERK CONFLICT WiTH PRIOR APPROVED EVENTS YES IF CONFLICTS EXIST, DESCRIBE EVENT DATE APPLICANT NO FIRE DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE SHERIFF'S DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE PUBLIC WORKS APPROVED/NO CONDITIONS APPROVED W1TH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE COMM DEV DEPT APPROVED/NO CONDITIONS APPROVED WiTH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE RECREATION DEPT APPROVED/NO CONDITIONS APPROVED WiTH COND.TIONS' COMMENTS/CONDITIONS FOR APPROVAL APPROVED/DENIED BY CiTY COUNCIL ON APPLICANT NOTIFIED SIGNATURE DATE Date: To: From: By: Su~ect: June 1, 2004 Honorable Mayor and Memb_e~ of the City Council Lorry Hempe, City Manage~ Jim Given, Director of Recrea'tkJn & Community Services Request for Special Peru,it: Street Closure on Cortland between Muir and Emestine PURPOSE To request that the City Council review the request for a special permit for a street closure and direct staff accordingly. BACKGROUND A request has been received from Mr. Peter Starr of 3942 Cortland Avenue for a special permit to have a street closure on July 4, 2004 between the hours of 12:00 p.m. and 6:00 p.m. ANALYSIS The proponent of this street closure has advised City staff that only the support of the provision of barricades will be needed. This is a street closure that will be concluded pdor to the end of daylight hours (i.e. 6:00 p.m.) and pdor to the time that the City of Lynwood sponsored fireworks display would begin. This is an activity that is one of the longest standing events in this particular neighborhood and has occurred in the majodty of the past ten (10) years. OPTIONS 1. Deny the street closure request. 2. Approve the special permit request for the street closure with the payment of the street closure fee of $155.00. 3. Approve the special permit for the street closure and waive the fee. CONCLUSION/RECOMMENDATION Staff recommends that the City Council review the request for special permit and direct staff accordingly. Attachment Recreatn~genda ~tems 2004~Spec~al Permit Request Peter Stan' 6 1 04 AGENDA ri'EM APPLICATION FOR SPECIAL PERMIT CITY OF LYNWOD~ 11330 BULLIS ROAD LYNWOOD CA 9~,2E7. 310.-603-022,~ APPLICANT INFORMATION: ADDRESS ~99~. OCCUPATION CDLe PHONE NUMBER OF PERSONS EMPLOYED SBE EVENT INFORMATION TYPE OF PERMIT REQUESTED DATEm) OF EVENT --J- %- O H HOURS OF OPERATION ~ ~li.,I)_S I'Z.-.;OO - ~:I~(~/D~ ADDRESS OF PROPOSED ~E~ LOCATION ~ t~ ~ ~ I ~ SPECIFIC AR~ DESIGNA~D FOR ~E~ ~ ~ ~ ~ ~ ~ ~ IS STRE~ CLOSURE BEING REQUES~O ~ NO (CIRCLE ONE) IIF YES BRIEFLY ~P~IN R~ON FOR ~NT AND CLOSURE ) ~ ~ ~ ~ ~ IF INDOORS APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE HAVE YOU M~E AN APPLICATION FOR THIS ~PE OF PERMIT BEFORE3 ~ NO "/-~'9~- "/-'-~-99- ~- 9~, ' T~.-<~-'- "l~'~- IS THIS A FOR-PROFIT O ~Rr'~--PR~FIT,~VENT· (CIRCLE ONE) IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION PLEASE PROVIDE THE FOLLOWING NAME OF ORGANIZATION BEING BENEFITED ~'~1 o~ t~3,,3 ~_ p{.'c~, ,~ ~,/ ~.~-E. I~ STATE NON-PROFIT NUMBER ~ ADDRESS OF ORGANIZATION :~.U/_C.~J,L~.~,~]~ PHONE~o (o.~Z-o/'~'-'/ IS A WAIVER OF FEES BEING REQUESTED ~ NO IF YES EXPLAIN CIL~ A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A FORFEITURE OF FEES AND DENIAL OF PERMI~I~~CANSIG T ,~-o I~ -0 L/DATE ' I 7 -~'Y DATE ACCEI~TANCE OF THIS A.~IaI.ICA'llON FOR RE'Vt~N DOES NOT IMla't.Y A~-~.DVAL THIS FERMIT RECNIRE$ CITY COUNCIL AN~OVAL YOU WttJ. BE NOllFIED ACCORDINGLY FOR CITY USE ONLY CITY CLERK CONFLICT W~TH PRIOR APPROVED EVENTS IF CONFLICTS EXIST DESCRIBE EVENT DATE YES NO APPLICANT FIRE DEPT APPROVED/NO CONDITIONS APPROVED V~TH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE SHERIFF'S DEPT APPROVED/NO CONDITIONS APPROVED W~TH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE PUBLIC WORKS APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE COMM DEV DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE RECREATION DEFT APPROVED/NO CONDITIONS APPR~JVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL APPROVED/DENIED BY CITY COUNCIL ON APPLICANT NOTIFIED SIGNATURE DATE DATE: TO: FROM: BY: SUBJECT: Juae 1, 2004 THE HONORABLE MAYOR ANDiMEMBERS OF THE CITY COUNCIL; Lorry Hempe, City Manager'S/ Yadi Farhadi, P.E., Director of Environmental Services/City Engineer ff~/]~. Paul Nguyen, Public Works/Engineering Manager Water Main Improvements on Martin Luther King Jr. Boulevard and Birch Avenue PURPOSE: To recommend that the City Council approve the attached resolution authorizing the Mayor to execute an agreement with M&A Gabaee, LLC regarding the payment of $46,525 toward certain water wairt improvement on Martin Luther King Jr. Boulevard, and authorizing the informal bid process for the proposed water loops. FACTS: The construction of water main loops is an important part of the design of any public water distribution system. Water loops help to improve water circulation and pressure equalization. The improved circulation eliminates stagn~ aut water at the end runs and reduces maintenance cost by eliminating the need to flush the line on a regular basis. The improved pressure eq-alization reduces the probability of main breaks. Staff has identified two areas in the city water system where water loops are necessary. One is located on Martin Luther King Jr. Boulevard between Bullis Road and Emestine Avenue and the other is on Birch Avenue between Platt Avenue and Sanborn Avenue. Funds are available in the Water Main Upgrade Project, Project 5-5300 listed in the City's FY 2003-04 budget for these water improvements. The estimated cost for both projects is $196,525.00. The city will provided $150,000.00 and M&A Gabaee, LLC, the developer of the Sav-On Development Project at the comer of Martin Luther King Jr. Boulevard and Emestine Avenue, has agreed to contribute $46,525 toward the water loop construction on Martin Luther King Jr. Boulevard. The water loop will help provide better rue flow to the development and afford the abandonment of the existing water main within the portion of the vacated alley south of the development. This proposed water line is required to be operational by August 2004 to avoid any delay to the completion of the Sav-On Development. Also, the proposed water line on Birch Avenue shall be constructed prior to the implementation of the Teen Sq-are Project. To expedite the construction of these two water loops, staff is requesting the City Council's approval to solicit bids through an informal bid process. AGENDA ITEM RECOMMENDATION: Staff recommen~ that the City Council a[2bpter~ the attache[~ resolutions enfitle[~ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH M&A GABAEE, LLC RELATIVE TO THE PAYMENT OF $46,525 FOR CERTAIN WATER MAIN IMPROVEMENTS ON MARTIN LUTHER KING JR. BOULEVARD, AND AUTHORIZING THE INFORMAL BID PROCESS FOR CERTAIN WATER MAIN IMPROVEMENTS". CouO4mlkwatermain RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH M&A GABAEE, LLC RELATIVE TO THE PAYMENT OF $46,525 FOR CERTAIN WATER MAIN IMPROVEMENTS ON MARTIN LUTHER KING JR. BOULEVARD, AND AUTHORIZING THE INFORMAL BID PROCESS FOR CERTAIN WATER MAIN IMPROVEMENTS WHEREAS, the construction of water main loops is necessary to improve the city water distribution system circulation and pressure eqnMization; and necessary: WHEREAS, staff has identified the following locations where water loops are 1. Martin Luther King Jr. Boulevard between Bullis Road and Ernestine Avenue, and 2. Birch Avenue between Platt Avenue and Sanbom Avenue WHEREAS, M&A Gabaee, LLC, the developer of the Sav-On Development at the corner of Martin Luther King Jr. Boulevard and Ernestine Avenue, has agreed to pay the City $ 46,525 for its benefits derived f~om the use of said water loop on Martin Luther King Jr. Boulevard; and WHEREAS, the construction of said water loops can be done more expeditiously through an informal bid process; and WHEREAS, Section 6-3.13c of the Lynwood Municipal Code allows the City Council to approve said infottiial bid process with a 4/5 vote. NOW, THEREFORE, the City Council of the City of Lynwood does hereby fred, proclaim, order and resolve as follows: Section 1: That the Mayor is authorized to execute an agreement with M&A Gabaee, LLC accepting the payment of $46,525 toward the proposed water loop on Martin Luther King Jr. Boulevard. Section 2: That staffis authorized to solicit bids for the water loops construction on Martin Luther King Jr. Boulevard and Birch Street through an info.,al bid process. Section 3: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of ,2004. ATrEST: LOUIS BYRD, Mayor City of Lynwood ANDREA L. HOOPER City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT: City Attomey LORRY HEMPE City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) ~S. COUNTY OF LOS ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of and passed by the following vote: ,2004, AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2004. City Clerk, City of Lynwood DATE: TO: FROM: BY: SUBJECT: May 18,2004 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Lorry Hempe, City Manager-~t~, Yadi Farhadi, Director of Environmental Services/City Engineer ,~/~. Acceptance of Sidewalk Improvement Project, Project No. 05-5291, as Complete. PURPOSE: To recommend that the City Council adopt the attached resolution accepting the Sidewalk Improvement Project, Project No. 05-5291, as complete. BACKGROUND: On October 7, 2003, the City Council awarded a contract to Ranco Corporation, in the amount of $33,930.50 for the Sidewalk Improvement Project, Project No. 05-5291. The project encompassed the reconstruction of damaged sidewalks and appurtenant work at approximately 34 various locations throughout the City. ANAYSIS: The project started on January 6, 2004, and was completed on April 2, 2004. The final construction cost was $31,828.50. Staff conducted the final inspection on May 3, 2004, and found that all work has been completed satisfactorily in accordance with the project plans and specifications. RECOMMENDATION: Staff recommendeds that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SIDEWALK IMPROVENT PROJECT, PROJECT NO. 5-5291, AS BEING COMPLETE" CouO4Sidewalk Project2003 Item2OO3Item AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. $-5291, AS BEING COMPLETE WHEREAS, the City Council awarded a contract to Ranco Corporation for the Sidewalk Improvement Project, Project No. 05-5291; and WHEREAS, the project started on January 6, 2004, and was completed on April 2, 2004; and WHEREAS, the total construction cost was $31,626.50; and WHEREAS, staff conducted the final inspection on May 3, 2004, and found that all work has been completed satisfactorily in accordance with the project plans and specifications. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the City Council accept the Sidewalk Improvement Project, Project No. 05-5291, as being complete and in accordance with contract documents. Section 2. This resolution shall go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this ,2004. day of City of Lynwood A'FI'EST: LOUIS BYRD, Mayor ANDREA L. HOOPER, City Clerk City of Lynwood CouO4Sidcwalk Project2003Item2003 Item APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney LORRY HEMPE City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Enginccr STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,2004, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood CouO4Sidewalk Project2OO3Item2003 Item STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2004. City Clerk, City of Lynwood CouO4Sidcwalk ProJect2003 Item2003 Item ORDINANCE AN ORDINANCE OF THE CTrY COUNCIL OF Tmz~ CITY OF LYNWOOD AlVl~qDING SE~-~iON 9-6 OF 'rtt~ LYNWOOD MUNICIPAL CODE RELATING TO RECYCIANG AND DIVERSION OF DEBRIS FROM CONSTRUc'HON AND DEMOLrrlON WHEREAS, on October 21, 2003, the City of Lyuwood ~lol~d a work pi-,, required by the Califorma Integrated Waste Managemeat Bored (CIWMB) beceus~ of its inability to comply with the AB939 r~quimmen~. WHEREAS, said work plan requires City to amend Se~ion 9-6 of the Lyuwood Municipal Code relating to the recycling and diversion of debris from ~onm~cfion and demolition projects by Ivfluch 31, 2004; and WHEREAS, said amendments are neo'~*s,'y to reduce undue burdan of debri~ recycling requirements on small residential and commercial consimction projects, and the uacking efforts on city staff; and WHEREAS, said amendments are also n~led to require dev¢lope~ to me the c~ty-approved exclusive trash hauler for m~sh di~poml and recycling purpos~ and t~ allow City the option to modify the ordinance as needed. NOW, THEREFORE, THE CITY COUNCIL OF ~ CITY OF LYNWOOD HEREBY DOES ORDAIN AS FOLLOW: S~ctioa 1: That Section 9-6 2/s amended to real ss follows: 9-6.2 Covered and Non-Covered ProJecta. Projects over 5100,000 in value involving construction, remo~ling or d~nohtion, must ,suixnit a "Consm~-~on and Demolition Wssto R~duction and Recycling Ptan" to City · staff for review and appwval w~th permit application After the Waste Reduction and Recycling Plan has been reviewed by City staff, ~he plan will either be returned in one of the following four (4) status conditions: · "Approved" · "Further Explanatious Needed." City stuff wili reuuu plan to conu-acWr wilh questions about applicant'm phn. Applic~ut musi re~ub~ plan wiih e~ch of the City's questious auswered thoronghiy. · "Denied" This will stop the approval for a I~..it. · "Exempted Due to lnfeasibility" Applicant/Conuactors will be expected to follow ~be plan and document ~sults during consWaction "Con.slrucuon and Demolition Wm~ R~ducfion and Re~'yding Report' form will be submitted at the end of the proiec~ to City s~d~, for review of compl'~nce w~th the plan. a. Covered Projects: All comiruction, demolition, and rem)vafion projects in whch the total costs a~, or are projected to be, gr~-*~ flum or eqml to $100,000 ("Cov~ed Projects") shall comply with this Article. b. Non-Covered Projects: Applicants for consmu~on, demolition, ami renovation projects within the City whose total costs am less tium $100,000 "Non- Covered Pwjectm" ~ be eucour~ed to divert at least fifty (50) pen:eat of all project- related consuucfion and demolition d~bris. AGENDA ITEM c. Compliance as a Condition of A~nnvval to Proe__-~4__: Complinoce with the pmv~sion$ of Rfis Article shall be listed as a condition of s~ofnvval to proceed for any building or demolition permit ~ssued for a Covered Project. d. Government Projects: All City-sponsored or public construction, demolition, and renovation proj~-~ in which the total costa are, or are pmj~ctod to be, greater than or equal to $100,000 shall be considered 'Covered Projects" for the purposes of this Article. · Gradual Threshold Schedule: Durin$ the first six months the ordinance is in effect, all new applicants for residential .~4 conun~ial "Covengl Projects" shall comply on a gradual voluntary basis (no fee mqui~ments), after which compliance shall be nmndatory for new applicants All new applicants for government "Co~r~,;d Projects" shall comply on a mandatory basis from tile first day the ordinance is in effect. ~Id schodut~s may be effected by City I)~mtim6~ bud~qt and smiting requi,.,.cmts for ordinance implementation ~xl enforcemant. Set, on 2: That Section 9-6.5 be amended to zm~d as follows: Recycling Fee Requirement Upon approval of the Cons'reaction and Demolition Wasto Reduction and Recycling Plan, and before commencement of any phymcal on-site activities, the applicant dtdl delg~t the following amounts with City of Lynwood staff. Value of 5ob tRecyellns Fee Requirem~nt '{ 2.0 % J $ 100,000 to $499,999 $500,000+ A,~er completion of the job and submission of the "Constm~on and Demolition Waste Recycling and Disposal Rqx~t Form". the "Recycling Fee" will be refunded in proportion to the amount of materials diverted thm%~h w~te redu~ion and recycling. The calculation for determining the amount of the t~,cling fee to be r~fonded to the applicant is based on the following formula' Amount of Refund = fDivmsion Rate on Renort Forml x (Recyclin~ Fee Paid) 5O% The refund ~s not to exceed the amount of the recycling fee paid. The City of Lynwond Del~huent of Envtronmen~al Services can make a det~'mma~on that the minimum d~vemon rate can be raised at a later date as waste reduction and recycling ~ is expanded. The formula will be adjusted accordingly. Section 3: That Secuon 9-6.6 be added to ~_ad as follows: 9-6.6 Debris Houlinf Reauiremen~ All "Cow'red and Non-Covered ProJeCts" are subject to City franchise solid waste and recycling service pro,,nder debris hauling requirements. All applicants shall uUlize debris hauling services provided by City franchise hauler for non-separated recyclable$ and disposal. Franchise hauler shall collect non-selxmtted C&D recyclable$ for a floor sort ~I permitted facility in order to maximize construction and demolition debris diversion. The fianchise service provider shall provide the disposal and recycling tonnage information to th~ applwant for submission to City staff. City staff shall provide contact name of franchise solid waste and recycling service provider to applicants during the permit application period. Clcen soutce-se~ recyclable C&D debris materials may be collected by franchise hauler, or any ~ycler in the mark~ for such material (e.g., clean asphalt, con,~-~, lumb~r, e~c). City staff shall provide applicators with list of t~cycling service provide~ for clan sour~-separ~xi debris m**,',ials. Recycling and disposal bins or debris box~ am required to be placed ~t th~ constm~ion ~md/or demoli6,on job site befor~ work ~ commence. Seeflo~ 4: That Section 9-6.7 be added to ~ as follow~: 9-6.70Dflon tO Revise Be~nnlng one year ~ the ontia~ce is in effect, City smtf will ~walua~ the P.~-'yclia$ and Diversion of Consmicfion and Demolition (C&D) De.b~ ~ to d~m~m ils cffecliv~ne~ in t~'uc'mg the amount of C&D debris landfilled. In this d~,~imlion, CiO/staff Mil consider issues such as thc mnount of C&D &t~ris landfill~, voi~ of C&D acliwty, market~ for C&D debris ma~rials, ~nd other b~nie~s enc~unt~ by applicants. If City sUdt' deiermines the C&D landfill~d ~ tl~ potential for diversion, then the City may amcnd these provisions and implement thc _~x~___-*,y me~su~ M increase diversion of C&D debris. These amendments nmy be established by resolutions. Section 5. The City Council of thc City of Lyawood hei~by adopts this Ordinance setling regulauons relating to recycling and diversion of debris from construction and demoliuon projects First ~'~,fl at a re~fi*, meeting of the City Council held on the day of and adopted and ordered published at a ~ mee~in$ of said Council held on the day of PASSED, APPROVED and ADOPTED on the day of A1T~ST' LOUIS BYRD, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood LORRY HEMPE, City APPROVED AS TO FORM: APPROVED AS TO CONTI~IT: ARNOLDO BELTRAN City Atiomey, City of Lynwood YADOLLAH FARHADI, P.E. Director of Envuonmeaml S~vices/ City Engin~r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 3 OF THE LYNWOOD MINICIPAL CODE BY ADDING A SECTION PROHIBITING SKATEBOARDING IN POSTED AREAS WHEREAS, Skateboarding activities in certain areas of public and pdvate property have been determined to be a nuisance, by Interfedng with business activities; and WHEREAS, Skateboarding activities In certain areas of public and private property have caused extensive and costiy property damage; and WHEREAS, Skateboarding in certain ames of public and private property presents a safety h~=,-rd to pedestrian traffic and themselves; and WHEREAS, Cities that have adopted ordinances eliminating skateboarding activities in certain areas have observed a significant reduction in such activity in those areas; and WHEREAS, The purpose and intent of the Ordinance is to provide for the attainment of the following objectives: 1 ) to reduce skateboarding activtty In areas where such activity is detrimental to the safety of pedestrians and skateboard n~ers end 2) to reduce skateboard activity interfering and interrupting business activitiss of local merchants and business offices; and WHEREAS, The City Council finds that a ban on skateboarding activity is justn'ied on the grounds of public safety and in the interest of commerce. NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 3 of the Code of the City of Lynwood is hereby amended by adding a section to be numbered 3-25 which sec6on reads as follows: Chapter 3-25 SKATEBOARDING PROHIBITED IN POSTED AREAS __Statement of Puq~osa Definitions Prohibitions ~ Posting Procedures ~ Penalty for V~olations Enforcement __ Statement of Purpose The purpose of this Secbon ~s to prohibit skating, nding on, propelling, or grinding a skateboard, push-scooter, or motor dnven scooter ~n certain areas. Definitions As used in this Section, the following terms shall have meanings as sat forth below* 'GHndlng" is a recognized slang skate term and shall mean an altemative skate sport, which refers to the act of sliding on any monument, sign, building, roof railing, fence, gate, table, bench, planter, cur'o, bleachers, stairway, rail, handrail, fountain, or any other angled object or structure with defined edges by a person utilizing or riding upo~ any non rolilng portion of the skateboard. 'Private Property" shall mean any real property held by private interests which is used pdmaflly for business, commemial, industrial, residential, or recreational purposes. AGENDA ITEM "Public Property" shall mean any real property owned, leased, or maintained by a government, special district, pubic benefit corporetJon, or other public ~n,~y, including the City of Lynwood. "Po~tad Properly" shall mean any property which is posted with signs In the manner provided for in this Section. "Sidewalk" shall mean that portions of a highway or roadway set apart by curbs, barriers, markings or other delineation for pedestrian travel and shall Include any driveway, curbing, retaining wall or other works for the protection of any sidewalk, as well as any paved or improved pathway for pedestrian travel, whether or not abutting highway "Skateboard" shall mean any board or fiat object, including push-scootem and motor- dnven scooters, composed of any material, which ha8 wheels attached to It by any means whatsoever, with or without an upright steenng handle attached to the front wheel, and is intended to be propelled by pushing, pulling, the natural forces of gravity, or mechanical energy, which is further intended to be ddden by standing or sitting thereon ProhibItions It shall be unlawful for any person to dde, u~e, propel or othar, vise operate a skateboard or to engage in gdndlng upon any sidewalk or other public or private property where signs prohibiting such activity have been posted in the manner specified In this section. __ Posting Procedures a) To prohibit skateboarding activity, signs shall be posted prohibiting the use of skateboards on the propen'y. Such signs shall be posted in plain view at a minimum of one entrance to the prohibited area, or In the immediate area where such activity is prohibited. This procedure shall apply to beth public and pm/ate property. The city engineer is authorized to post or cause to he posted signs prohibiting skateboarding m the areas noted in this Section or on other public property. On private property, the property owner is responsible for obtaining the signs in compliance w~th this Section b) The signs shall not be less than 18 inches by 24 inches in size, and shall contain the following wording, in lettering at least one inch high: "SKATEBOARDING PROHIBITED." Directly undemeath these words, ~n lettering at least one inch high, the sign shall also contmn the following wording' "Violators will be Cited - LMC Ord. No. __ Penalty for V~olabons Any person violating any provision of this Section shall be guilty of afl infraction, punishable as provided for in Section 1-5 of the Lynwood Municipal Code. Enforcement Lynwood Shedff"s Department and Lynwood Public Safety Officers are authorized to enforce the provisions of this Chapter, respond to complaints of violations, act on observations of violations, and to issue citations to pe~ons found In violation of any of the provisions of this Chapter Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remalnhlg portions of this ordinance. The City Council hereby declares that ~t would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance Irrespective of the fact that any one or mom section, subsection, subdivision, paragraph, sentence, clause or phrase be declared Invalid or unconstitutional. Section 3. This ordinance shall take effect thirty (30) days after its final passage by the C~ Council. Section 4. The City Clerk of the City of Lynwood Is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. OPTION I First read at a regular meeting of the City Council held on the __ day of ,2004 and adopted and ordered pubhshed at a regular meeting of said Council held on the day of ,2004. Attest: Louis Byrd, Mayor City of Lynwood Andrea L. Hooper, City Clerk Lorry Hempe, City Manager Approved as to form' Approved as to Content: Amoldo Beltren, City Attorney Jim Given, Director Recreation & Community Servfces STATE OF CALIFORNIA } }ss COUNTY OF LOS ANGELES } I, the undersigned, C~ Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of ,2004 AYES. NOES: ABSENT' Andrea L. Hooper, City Clerk STATE OF CALIFORNIA } } ss COUNTY OF LOS ANGELES } I, the undersigned, C~ty Clerk of the City of Lynwood, and Clerk of the C~V Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordfnance No. on file in my office end that said Ordinance was adopted on the date and b.y the vote therein stated. Dated this day of ,2004 Andrea L Hooper, City Clerk ORDTNANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AFg:~OVING ZONING ORDINANCE AMENDHENT NO. 2004-01, ADDING SECT/ON 25-37 TO THE LYNWOOD MUNIC]PAL CODE TO PERMIT M[XL::D USE DEVELOPMENTS CONSISTI~ OF COMMERCIAL USES ON THE GROUND FLOOR AND ~ DEVELOPf4ENT ON UPPER FLOORS SUB.1ECT TO A CONDiTiONAL USE PERMIT, DEVELOPMENT STANDARDS AND DESZGN REY[~. WHEREAS, the Lynwood General Plan was updated on Set~fler 9, 2003 and permits mixed use developments; and WI-IERAS, the Lynwood Munldpal Code currentty prohibits residential land uses In commercial zones; and WHEREAS, mixed use development can be aesthetically attracUve, s~l and benefldal to the L'e/ subject to aPlxOprlate development standards and design review; and WHERAS, mixed use developments shall require a condrdo~al use permit and public headng to Implement appro~ development standards, condlUons and recede public comment; and WHEREAS, existing commercial strip malls may be _ob~q__.ete, blighted or unclerused; and WHEREAS, mixed use may produce dynamic developments that provided commerdal sales tax and needed resldenUal housing; and WHEREAS, the Lynwood Planning ~x)mmisslon approved Zoning Ordinance Amendment No. 2004-01 on April 13, 2004; and WHEREAS, the Lynwood City Council considered all public oral and wrlU:en testimony offered at the public beadng. NOW, THEREFORE, THE CITY COUNC]L OF THE CITY OF LYI~NOOD DOES HEREBY ORDAIN AS FOLLOWS: Section L Section 25-37 is hereby added to U~e Lynwood Munldpal Code to read as follows: 25-37 MD(ED USE DEVELOPMENTS 25-37.1 Purpose and Scope a. Mixed Use Commercial/Residential projects promote development that combines commercial and housing uses on a single srm. Mixed use projects allow Incree~ development on main streets vathout fostering a strip commercial apf:~arance. This development type will support transit use, provide a buffer between commercial streets and residential neighborhoods, and prcwide new housing opportunities In the CJty of Lynwood. The emphasis of the commercial uses Is primarily retail, office and service uses. Other uses may be allowed to provide a variety of uses that may be located in existing or new buildings, Development is intended to consist primarily of businesses on the ground floor wlbh housing on upper stories. Development is Intended to be pedestrlan-orleated wlt~ buildings dose to, and odented -1- AGENDA ITEM b. Mixed Use Commercial/Residential projects should be centrally Ioca~-d so that the area can serve a populaUon large enough to support the commercial uses allowed. c. Mixed Use Commerclal/RestdenUal projects should not be detrimental to the public health, safety and general welfare. d. Mixed Use Commercial/Residential development shal have superior architectural design and theme, be aestheUcal~ _p~__ng, and be cempatible with surrounding commercial and residential properties. e. Mixed Use Commercial/Residential development shall consist of colo~ b~t are earth tone and/or neutral on the building face and may permit more colod~JI aco~qts to Indude trtm, a~c~%itectural features and fixtures. 25-37.2 Permitted Mixed Use Commercial/Residential a. Mixed Use Comrnendal/ResldenUal Projects shall be perm__ffb?d_~_ In commerc*al zones to Include C8-1 (Ce,~led Btmness), C-2 (Ught Con~merdal), C-2A (Medium Commercial), C-3 (Heavy Commercial) and PCD (Planned Commercial Development. 25-37.3 Prohibited Mixed Use Commercial/Residential a. Mixed Use Commercial/Residential shall be prohl __b~;ed__ in H-M-D (Hospital-Medical-Dental), I~1 (Manufacturing), PF (Public Fadlifles) and, all residential zones (i.e. R-l, R-2, R-3 and PRD). 25-37.4 CondiUonal Use permit Required a. NI Mixed Use Commercial/Residential projects require approval of a Condrdonal Use Permit by the Lynwood Planning Commlsskm at a public hearing. The Planning Commission shall make required findings, identify appropriate condrdons of approval, mltlgaUon measures and standards. 25-37.5 Permitted Commercial Uses a. Commercial us,~__ shall be permitted on the ground floor only. Permltbed commercial uses shall Include all uses allowed In the C-2 (Ught Commercial) 25-37.6 Permitted Resldenbal Uses a. Residential uses shall be permitted on upper floors a~ove the street level. Such residential units shall comply with development standards set forth In the R-3 (MulUple-Famlly Residential) zone. b. Residential uses shall have security fencing, gates and other me_a~_jres to prevent trespass. Fencing and security measures shall be implemented pursuant to plans approved by the Planning Commission. c. Senior residences shall have speakers or Intercom~ Installed within the unit. -2- 25-37.7 Density a. ResldenUal density shall not _exceed___ eighteen (18) units per acre (i.e. one (1) residence per 2,420 square feet of gross property area). b. A den~ty bonus not to eeoeed twemy-flve percent (25%) may be approved for senior housing or Iow/meder~_~ Income housing ~rsuant to the HUD Home Guidelines. Commercial density shall be regulatedby development standards set fort~ In Section 25-37.9. 25-37.8 Design Review a. The project shall con,st of supe~or deragn, mater~t~, ¢okxs and architectural features. The s'aucture(s) shall have various building lines and attr~'Uve archltec~___dral features. Buildings shall have stucco exteriors with Span~ u~, concreLe Ule or similar roof material. Front elevaUons and facades may consist or other decorative materials approved by the Planning Commission. Building colors shall cc,-,~tst of earb~ tones or neutral colors, accent features may have brighter colors. The applicant shall submit a sample material and color board. b. Canopies on private and/or public property may be permitted pursuant to plans approved by the Planning Commission. 25-37.9 feet In gross area. bo Development Standards Minimum Lot Size. Lot s~e shall be a minimum of 14,000 square Maximum Lot Coverage. There shall be no maximum lot coverage c. Yard Requirements. The yard setback ar~? shall be as required In the zone to which the property Is Iocab~l, except that front yards and street side ya~.~ shall have a setbec~ of no less b~an ten feet (10~. Such front and s~reet side yard setback areas shall be landscaped and have a permanent IrrigaUon sy~___m. d. LandsCal~ng. A minimum of seven percent (7e/o) of the gross lot area shall be permanentty landscaped. Such landscaping shall be installed pursuarlt to plans prepared by a licensed landscape architect. Bare e0~e~3ed=__ walls shall have boc~ga_lnvlllea, cat daws or other climbing vines. A permanent In~cJation system shall be installed. e. Parking, L~_lng and Vehicle ~-:.:~_~_ Parking shall be provided In accordance with Lynwoed Municipal Code Se~L~on 25-14. A minimum O~ one (1) off- street loading stall shall be provMed. Loading stalls shall measure a minimum of 14' X 20' In area. Vehicle a:cess aisles shall be suflqclent In size to accommodate required parking and loading. Residential parldng shall be Ioca__t~d_ at the rear of the project and screened fronl public view. Commercial parlehg shall be located at the front or side of the project and easily accesslt~e. f. Building Height. Building height shall not exc~t seventy-five feet (753 to U3e highest rooflJne. g. Signs. A comprehensive sign plan shall be prepared by a licensed architect. Such s~gn program shall be consistent with Lynwood Municipal Qx~ SecUon 25-33. -3- h. Fences and Walls. Fences and walls shall be architecturally compatible with the pro,_a~c~_~ shall not ex__ceed__ six-feet (63 In height and shall be Installed In accordance with approved plans and a fe,-,;e permlL I. Trash Storage. A minimum of one (Z) trash six)rage area shall be provided___. Such trash storage areas shall consist of solid block, ~ or masonry walls on three (3) sides, a minimum of five-feet (53 In height and have a selld sight- obscuring door. J. Ughtlng. A detailed exmrlor and parking lot lighting plan shall be submitted. Such lighting shall be suflqclent to provide security and prevent loitering and mischief. k. Outside Storage and Display. No outside storage or display of any Idnd shall be permitted. I. Outdoor Uses. NI proflosed oulzk=or uses shall be subject to review and approval by the Develolxnent ~ Department, Planning Division. Special permit business license approval may be required by the CRy Coundl pursuant to Lynwood Municipal Code SeCdon 4-8. m. Roof Mounted Equipment. NI roof moun'~e~ equipment shall be screened from view of adjacent streets and properties. Screening mabedals shall be compatible with the design and materials of the building and Installed In a manner approved by the Development Services Department, Planning DMSIon. n. Lrdlitles. All utilities which provide direct service to the property shall be Installed underground. o. Commercial Tenant S,_n,~__: Commercial tenant spaces shall be separated by floor to ceiling wall partitions. No multiple tenant retail spaces are permitted. Only one (1) I~nant may occupy each tenant space. p. Public Transit. Mixed use projects shall be located within five hundred feet (5007 of public transportation routes. q. Elevatom. Elevators shall be required for mixed use developments exceeding two (2) stories In height that indudes senior citizen housing. r. Common Open Space. Common open space amenities may be permitted and are encouraged to Include benches, tables, terraces, landscaping and other common areas as may be approved by the Planning Commission. s. Ncohol. Ncohol serving establishments may be permitted for restaurants and/or brand name stores pursuant to standards set forth in Lynwood Nunlclpal Code Section 25-16.20. t. Fire Pio~'tlon. Mixed use developments shall comply with standards and conditions set forth by the Los Angeles County Rre Department to Include but not be limited to sprinklers, knox box, insulation, occupancy and separation between floors. Section 2. The CRy Clerk Is hereby directed to cerdfy to the pa< _<acje and adopUon of this Ordinance and cause It to be published or posted as required by law. -4- First read at a regular meeting of the C~y Council held on t~e day of ,2004 and ado~c-.d and ordered published a~ a regular meeUng of said City Coundl on the day of ,2004. A~r. ST: LOREY HI::MPE, CRy Manager City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTT:NT: ARNOLDO I~'LTRAN, City Attorney City of Lynwood GRANT TAYLOR, Specta[ Assistant Development Services Department STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGEl lC: ) [, the undersigned, CRy Oerk for the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the Oty Coundl of the Oty of Lynwood at a regular meeting held on the day of ,2004. AYES: NOES: ABSTAIN: ABSENT: Ob/Oe~ Ob/o~ mynmmod STATE OF CAJ_IFORNZA ) COUNTY OF LOS ANGLq ~ ) I, the undemgned, City Clerk of b~e City of Lynwood, and Clerk of the aty Council of said Oty, do hereby certify that l~e above and ferego~ng Is a hdl, true and correct copy of Ordinance No. on file iff my office and lflat said ordinance was adopted on the date and by b~e vote therein stated. Dated U~ls day of ,2004. -6- DATE: June 1, 2004 TO: FROM: BY: SUBJECT: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Lorry Hempe, City Manager~ Yadollah Farhadi, P.E. Director of Environmental Services/City Engineer Contract Award Street Improvement Project, Project Number 05-5254 Caxlin Avenue PURPOSE: To recommend that the City Council adopt the attached resolution awarding a contract to the lowest responsible bidder Banna~un Engineers-Constructors, for the Carlin Avenue Improvement Project, Project No. 05-5254. BACKGROUND: The project is listed in the Capital Improvemem Project for FY 2003-2004, and is funded by PROP. C fund. The project encompasses the removal and reconstruction of cross gutters, driveway approaches, curbs and gutters, sidewalks, wheelchair ramps, alleys intersections, loop detectors and the recor~ixucfion of pavement structural section and overlay. On April 28, 2004 the bid advertisement for the project started. Twenty Six (26) contractors received project plans and specifications. The bid opening was held in the office of the City Clerk on May 19, 2004. Eight (8) bids were submitted. BID RANK CON~RACI'C~ BID TOTAL 1 BANNAOLIN ENGINE~~ $515,750 00 2 ALL AMERICAN ASPHALT $525,465 50 3 SULLY-M~ ~ I=R $553,030 00 4 RUIZ ENGINEERING $556,337 50 5 GRIFRTH COMP.N~ $561,600 00 6 ELITE BOI~7.,AT SERVICES $564,032 50 7 EXCEL PA~/ING $567,537 50 8 At. LIANCE STREET WORKS $575,090 00 Cou04carlinStAward AGENDA ITEM ANALYSIS: Bammoun Engineers-Cor~h actors was the apparent lowest bidder at $515,750.00 (see attached bid analysis sheet). A reference cheek of previous performance reveals that this contractor has the necessary experience for this type of project. RECOlVIMENDATION: Staff recommends that City Council adopt the attached resolution entitled," A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO BANNAOUN ENGINEERS-CONSTRUCTORS IN THE AMOUNT OF $515,750.00 FOR THE CARLIN AVENUE IMPROVEMENT PRO~-ECT, (BULLIS ROAD TO ATLANTIC AVENUE), PRO3ECT NUMBER 05-~254, AND AUTHOI~IZING TI~ MAYOR TO EXECUTE THE AGREEMENT". Cou04carlinStAward RESOLUTION NO. A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF LYNWOOD AWARDING A CONTRACT TO BANNAOUN ENGINEERS-CONSTRUCTORS IN ~ AMOUNT OF $515,750.00 FOR ~ CARLIN AVENUE IMPROVEMENT PROJECT, (BULLIS ROAD TO ATLANTIC AVENUE), PROJECT NUMBER 0S-5254, AND AUTHORIZING THE MAYOR TO EXECUT~ THE AGREEMENT". WHEREAS, the Carlin Avenue Street Improvement Proje~ Project No. 05-5254 is ~cheduled for completion during the FY 2003-2004; and WHEREAS, the Carlin Avenue S~xeet Improvement Project is funded by PROP. C Funds; and WHEREAS, the bid opening was held on May 19, 2004 and Bnnnaoun Eoginee~-Cons~uctors was the apparent lowest bidder at $515,750.00; and WHEREAS, a reference check has revealed that this contractor has the necessary experience for type of project. NOW TIO~REFORE, the City Council of the City of Lynwood does hereby find, proclaim~ order and resolve as follows: Section 1. That the contract for the Carlin Avenue Slxeet Improvement Project, Project Number 05-5254, be awarded to Bannanun Engineers-Constructors, for its low bid of $515,750.00. Section 2. That the Mayor is hereby authorized to execute the agreement between the City of Lynwood and Bannaoun Engineers-Consm~ctors. S4~eflon 3. This resolution shall take effect immedln_t_e, ly upon its adoption. PASSED, APPROVED and ADOPTED this lU~day of June 2004. ATTEST: ANDREA L. HOOPER, City Clerk FERNANDO PEDROZA, Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: Lorry Hempe, City Manager City Attorney City of Lynwood Yadollah Farbsdl, P.E Director of Enviroumental Services/City Engineer CouO4carlinStAward STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,2004, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STAT~ Og CALIgOR~XA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2004. City Clerk, City of Lynwood Cou04carlinStAward ' 0 A, IGE~ DA Z 0 0 ~M ~0 ~O~OM~ ~00 ~0~ OM~ ~ oo~ ~nn~m~ooo n~)O ~ mmoonc~n ~ ~ 0 m O0 ~ · ~ ~ ~ , m z mm~m~ ~?~zmc mm m>~ cmmmmnm~mm , m~ ~. g g ,~ , ~ , ; ~ , ~ I ~ i~ · i , ~omO~ ~ooo~m WO000~ i 0 Z 0 0 DATE: TO: FROM: BY: SUBJECT: June 1, 2004 Honorable Mayor and Membe.rs o[}the City Council Lorry Hempe, City Manager V Joseph Y. Wang, Assistant City Manag~ld.~ /\ HUD Brownfields Economic Developnkmt Initiative (BED1) Grant and Section 108 Loan Programs - Congressional Support Letters PURPOSE: To have the City Council authorize the Mayor to send congressional support letters regarding inclusion of BEDI and Section 108 programs in the federal 2004-05 budget. BACKGROUND: The BEDI grant and Section 108 loan programs are not included in the President's budget for 2004-05. The programs are so important to the City that staffbelieves they should be continued. Section 108 loan is an incredible economic development tool. It helps the City to bring new retail and restaurant development to prop¢~ies that were dilapidated. It also helps to create permanent jobs that are needed in the area. BEDI grant is one of the few environmental programs with broad support. R helps to clean up the contaminated brownfield sites that pose danger to the neighborhoods. Staff feels that Congress needs to hear fi'om the City and takes action to put both programs into budget during the committee process. RECOMMENDATION: Staff recommends that the City Council authorize the Mayor to send congressional support letters regarding inclusion of BEDI and Section 108 programs in the federal 2004-05 budget. AGENDA ITEM DATE: TO: FROM: BY: SUBJECT: June 1, 2004 Honorable Mayor and Membel~ of the City Council Lorry Hempe, City Manager'~ '- BACKGROUND: Mr. Jack Keane wrote and presented to the City Council about his willingness to fund a mural program done by Lynwood Citizens. Staff met with Mr. Keane to explore different idea to start the program. Staff also researched Mural Arts Program in Philadelphia for the lnfoLmation that we could use for our pilot program. ANALYSIS: The City has been fighting against graffiti problem for years. Every year hundreds of thousand dollars were spent to getting rid of graffiti. Last two years the City has been experimenting a Citywifle Vine Beautification Program with some success. Murals help beautify the City and turn graffiti-scarred walls into scenic views. The Mural Program could be operated as part of the City's Anti-Graffiti Program. Staff exchanged idea with the City's Right-Of-Way Division, which is responsible of the City's Anti-Graffiti Program. Staffalso consulted with Mr. Jose Urias, Principal of Lynwood High School. It is staff's conclusion that a pilot mural program could be implemented as follows: Location: walls along Imperial Highway Program Administration: the City and Lynwood High School Participants: Lynwood High School students and their art teachers Themes: begin with vines and flowers theme to match with the background of residential landscape. The City Council approves the theme before implementation. Funds: the Right-Of-Way Division provides materials. Mr. Jack Keane provides awards to the winners. AGENDA ITEM RECOMMENDATION: Staffreconunends that thc City Council approve the pilot mural program and direct staff to proceed. Date: To: From: By: June 1, 2004 Honorable Mayor and Mem ~be? o]/the City Council Lorry Hempe, City Manager'~j:~/ Jim Given, Director of Recre~l~n & Community Services Subject: Ms. Lynwood Senior Pageant Contribution PURPOSE To have the City Council authorize the expenditure of funds in the amount of $1,000 towards the cost of pdnting the commemorative program for the Ms. Lynwood Senior Pageant. BACKGROUND The Lynwood Senior Advisory Board is preparing to present the 1st Annual Ms. Lynwood Senior Pageant on Sunday August 22, 2004 at Bateman Hall. The Pageant will offer an opportunity for women who are residents of Lynwood, age 55 and older to compete in a Pageant where the award is an honor to represent the senior population in parades, City events and to garner special recognition for the City of Lynwood. ANALYSIS At their regularly scheduled meeting of Tuesday Apdl 6, 2004 the. Ms. Lynwood Senior Pageant was approved in concept by the Lynwood City Council. Council directed staff to provide support and assistance to the Senior Citizens Advisory Board in the planning and conduction of the event. The Senior Advisory Board is endeavoring to generate income to cover costs associated with this program by soliciting sponsors, asking for donations, seeking in-kind services, selling admission tickets, and by selling ¼ page, % page and full-page advertisements in the program brochure. The City of Lynwood has been contacted relative to providing a contribution in the amount of $1,000 that would be directed towards defraying a portion of the cost associated with the pdnting of the commemorative program. The funds necessary to accommodate this transaction are available within the adopted 2003-2005 Biennial Budget. CONCLUSION/RECOMMENDATION Staff recommends that the City Council approve the attached resolution entitled, "A Resolution of the City Council of the City of Lynwood Approving an Expenditure in the Amount of $1,000 Towards Defraying a Portion of the Cost Associated with Pdnting of the Commemorative Booklet for the Ms. Senior Lynwood Pageant." Rec~eatn~Agenda Items 2004~Vls Senior Ly~wood Contribution 6 1.04 AGENDA FrEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN EXPENDITURE IN THE AMOUNT OF $1,000 TOWARDS DEFRAYING A PORTION OF THE COSTS ASSOCIATED WITH THE PRINTING OF THE COMMEMORATIVE BOOKLET FOR THE MS. SENIOR LYNWOOD PAGEANT WHEREAS, The Senior Citizen Advisory Board was formally recognized by the City Council of the City of Lynwood as the Advisory Body to the City of Lynwood relative to issues involving senior citizens at their regularly scheduled meeting of July 1, 2003; and WHEREAS, The Senior Citizen Advisory Board is currently sponsoring a Ms. Lynwood Senior Pageant; and WHEREAS, The event is scheduled to be conducted on Sunday, August 22, 2004; and WHEREAS, The City Council approved the Ms. Senior Lynwood Pageant in concept as well as directed staff to provide support and assistance in the planning and conduction of the event at their regularly scheduled meeting of Apdl 6, 2004; and WHEREAS, There are significant costs associated with the planning and conduction of this event; and WHEREAS, The Senior Citizens Advisory Board is soliciting sponsors and contributors to defray costs associated with the event; and WHEREAS, One major cost involves the pdnting of a program to commemorate this event; and WHEREAS, The City of Lynwood has been approached relative to contributing $1,000 towards the cost of printing the commemorative program; and WHEREAS, the funds necessary to carry out this transaction ara located within the adopted 2003-2005 Biennial Budget. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, order and resolve as follows: Section 1. The City Council authorizes the payment of $1,000 to the vendor selected by the Senior Citizen Advisory Board. Section 2. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 1st day of June 2004. LOUIS BYRD, MAYOR ATTEST: ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY LORRY HEMPE, CITY MANAGER JIM GIVEN, DIRECTOR OF RECREATION & COMMUNITY SERVICES DEPARTMENT STATE OF CALIFORNIA } } COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held at City Hall on the 1st day of June 2004, and passed by the following votes: AYES: NOES: ABSENT: ABSTAIN: Andrea L. Hooper, City Clerk STATE OF CALIFORNIA } ) COUNTY OF LOS ANGELES } I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1st day of June 2004 Andrea L. Hooper, City Clerk DATE: TO: FROM: BY: SUBJECT: June 1, 2004 Lorry Hempe, City Manager ~ Paul Nguyen, Public Works/Engineering Manager Adoption of Proposition 218 Assessment Ballot Proceedings Procedures PURPOSE: To request the City Council adopt the Proposition 218 Assessment Ballot Proceedings Procedures (Prop 218 ABPP) as recommended by the League of California Cities. FACTS: On May 18, 2004, the City Council approved the Engineer's reports for the Landscape Maintenance and Street Lighting Assessment District FY 2004-05. In order to balance the districts' budget, the Engineer's reports recommended a rote increase to the current rotes of both districts. At the same meeting, the City Council also adopted resolutions declaring its intention to order the levy and collection of assessments for both districts and authorizing staff to send out voting ballots as required by law because of the recommended rate increases. Because of the proposed rate increases, Proposition 218 (Prop 218) requires the City to send out voting ballots to property owners of record. In order to ensure that the City adhere to the voting procedure required by Prop 218 to avoid possible challenge by the voters, the City Attorney is recommending that the City Council adopt the Proposition 218 ABPP recommended by the League of California Cities. The Proposition 218 ABPP set forth procedures relative to the En~neer's report, specific information to be included in the notice and voting ballots, the tabulation of ballots by the City Clerk, and the conduct of the public hearing. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution entitled:" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PROPOSITION 218 ASSESSMENT BALLOT PROCEEDINGS PROCEDURES". Cou04PROP218 AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE PROPOSITION 218 ASSESSMENT BALLOT PROCEEDINGS PROCEDURES WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles XIHC and XIIID to the California Constitution; and WHEREAS, Articles XIIIC and XIlID of the California Constitution impose certain procedural and substantive requirements relating to assessments (as defined); and WHEREAS, the City of Lynwood ha.~ been complying with these new requirements of the California Constitution; and WHEREAS, some of the requirements of Proposition 218 are unclear and require judicial interpretation or legislative implementation; and WHEREAS, the City Council believes it to be in the best interest of the community to record its decisions regarding implementation of the provisions of Proposition 218 relating to assessments and to provide the community with a guide to those decisions and how they have been made; NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: SECTION 1: Statement of Legislative Intent. It is the City Council's intent in adopting this resolution, to adopt assessment ballot proceedings which are consistent, and in compliance with, Articles XIIIC and XIIID of the California Constitution and with the Proposition 218 Omnibus Implementation Act. It is not the intent of the City Council to vary in any way from the requirements of Articles XIlIC and XIIID or the Proposition 218 Onmibus Implementation Act. SECTION 2: Def'mition of Assessment. Proposition 218 defines "assessment" as any levy or charge upon real property by an agency for a special benefit conferred upon the real property. "Assessment" includes, but is not limited to, "special assessment," "benefit assessment," "maintenance assessment" and "special assessment tax." This means that an assessment which is not a charge upon real property for a special benefit conferred upon the real property is not an "assessment" for purposes of Article XIIID, Section 2Co) of the California Constitution. SECTION 3: City of Lynwood Assessments: The City of Lynwood currently imposes the following assessments. The purpose of each of these assessments is controlled by the engineer's report which was adopted when the assessment was imposed and is noted here in summary form. A. The Landscape Maintenance Assessment District pursuant to theLandscape and Lighting Act of 1972 B. The Street Lighting Maintenance Assessment District pursu_a_nt to the Streetighting Act of 1919 SECTION 4: Assessment Ballot Proceeding. The following procedures shall be used in an assessment ballot proceeding required by Article XIIID, Section 4 of the California Constitution: Amount of Assessment. Only special benefits are assessable. The amount of each assessment shall be each identified parcel's proportionate share of the public improvement or property related service based upon that parcel's special benefit from the improvement or service. The amount shall be proportional to and no greater than the benefits conferred on the property. Bo Special Benefit. For purposes of determlning the amount of the assessment: Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the assessment district or to the public at large; Special benefits are those which the property assessed receives, due to the improvement or service, in excess of the general public benefit; The fact that the other property within the city or within the area will be, to a greater or lesser extent specially benefited by the improvement or service, will not have the effect of depriving assessed property of its character of specially benefited property; Special benefit is immediate and of such a character as can be seen and traced. General benefits are remote and sometimes contingent. Co En~neer's Report. The City Council shall direct the filing of an engineer's report which shall comply with the applicable state statute authorizing the assessment and with Article XI1W~, Section 4 of the California Constitution. The engineer's report shall explain the special benefit, as defined in section 4B of this resolution, conferred by the improvement or property-related service. The engineer's report shall also provide the evidence upon which this council may find that a special benefit exists. If the improvement or service confers a general benefit, the engineer's report shall describe the general benefit and explain how it will be funded. D. Notice. The following guidelines shall apply to giving notice of an assessment. The record owner(s) of each parcel to be assessed shall be detemfined from the last equalized property tax roll. ffthe property lax roll indicates more than one owner, each owner shall receive notice. Only property owners shall receive notice. 2. The form of notice is attached to this resolution as Exhibit A. Eo The notice shall be sent at least forty-five (45) days prior to the date set for the public hearing on the assessment. The notice provided by this section and in accordance with Article XIIID, Section 4 of the California Constitution, shall supersede and be in lieu of any other statutes requiting notice to levy or increase an assessment, including but not limited to the notice required by the state statute authorizing the assessment and Government Code section 54954.6. Failure of any person to receive notice shall not invalidate the proceedings. The cost of providing notice shall be included as a cost of the assessment district. Assessment Ballot. The following guidelines shall apply to the assessment ballot: The ballot required by Article XII1D, Section 4(d) of the California Constitution shall be mailed to all property owners of record within the assessment district at least forty-five (45) days prior to the date of the public hearing on the proposed assessment. 2. The form of the ballot is attached to this resolution as Exhibit B. All ballots must be returned to the city clerk by mail or in person, sealed in the envelope provided not later than the date for return of ballots stated on the notice described in section 4(1)). A ballot must be signed under penalty of perjury. For properties with more than one owner of record, ballots will be accepted from each owner of record or their authorized agent. Each owner of record is entitled to vote. The city clerk shall apportion the voting fights between the owners based upon the respective recorded interests as the city clerk deems correct, proper, and appropriate. However, if only one owner of record votes, the City Clerk shall tabulate that vote on behalf of the entire parcel. A tenant of real property shall not have the power or authority to submit an assessment ballot. Only ballots with original signatures, not photocopies, will be accepted. The City Clerk may issue a duplicate ballot to any property owner whose original ballot was lost or destroyed. Such ballots shall be clearly marked as duplicate ballots and shall be accompanied by sufficient information for the City Clerk to verify the location and ownership of the property in question and the identity of the individual casting the ballot in order to verify its anthentieity. 8. An assessment ballot proceeding is not an election. An assessment ballot is a "public record" as that phrase is defined by the Public Records Act but, to prevent harassment and intimidation of property owners, shall not be open to public inspection until after the conclusion of the assessment ballot proceeding. Fo Tabulating Ballots. The following guidelines shall apply to tabulating assessment ballots: The City Clerk shall determine the validity of all ballots. The City Clerk shall accept as valid all ballots except those in the following categories: a) A photocopy of a ballot which does not contain an original signature; b) An un.qigned ballot; c) A ballot which lacks an identifiable "yes" or "no" vote; d) A ballot which appears tampered with or otherwise invalid based upon its appearance or method of delivery or other circumstances. The City Clerk's decision, after consultation with the City Attorney that a ballot is invalid, shall be final and may not be appealed to the City Council. 2. A property owner who has submitted an assessment ballot may withdraw the ballot and submit a new or changed ballot up until the conclusion of the public hearing on the assessment. 3. A property owner's failure to receive an assessment ballot shall not invalidate the proceedings conducted under this section and Section 4, Article XIIID of the California Constitution. G. Public Hearing. At the public hearing, the City Council shall hear all public testimony regarding the proposed assessment and accept ballots until the close of the public hearing. The City Council may impose reasonable time limits on both the length of the entire hearing and the length of each speaker's testimony. At the conclusion of the hearing, the City Clerk shall complete tabulation of the ballots, including those received during the public hearing. 4. If it is not possible to tabulate the ballots that evening, or if additional time is necessary for public testimony, the City Council may continue the public hearing to a later date to receive additional testimony, infomsation or to finish tabulating the ballots. 5. If according to the final tabulation of the ballots, ballots submitted again.~t the assessment exceed the ballots submitted in favor of the assessment, weighted according to the proportional flrlancial obligation of the affected property, a "majority protest" exists and the city council shall not impose or increase the assessment. Section 5. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of ,2004. LOUIS BYRD, Mayor City of Lynwood ATFEST: ANDREA L. HOOPER, City Clerk City of Lynwood LORRY HEMPE City Mansger APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood YADOLLAH FARHADI, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwoodat a regular meeting held in the CityHall ofsaid City on the day of AYES: NOES: ABSTAIN: ABSENT: STATE OF CALWORNIA ) ) SS. COUNTY OF LOS ANGELES ) ,2004, and passed by the following vote: City Clerk, City of Lynwood I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, tree and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2004. City Clerk, City of Lynwood Sample Notice of Public Hearing TO: Prope~ Owner of Record Assessor's Parcel No. [insert] FROM: City Clerk ~lnsert public agency name] DATE' SUBJECT: Assessment Ballot Proceedmng The purpose of this notice is to provide you with information about the assessment ballot proceeding being conducted by the [insert public agency name] and its effect on real property that you own. This notice is being sent to you ~n accordance with [insert public agency name] Resolution No. [insert], section 53753 of the California Government Code, and section 4(c), article XlIID of the California Constitution Please be advised of the following. The heanng will be on the following day at the following bme: ~nsert day, date and time of headng on the proposed assessment; note that notice by mall must be given at least 45 days prior to the date of the public hearing on the proposed assessment] · The address of the headng is [describe location ofheanng] The reason[s] for the assessment are: [explain reasons] · Proposed fiscal year ~nsert date] assessment for your parcel: [insert amount] · The total amount chargeable to entire assessment district: pnsert total amount of assessment] · Assessmentduration:~nsertduretionofassessmentpayments] · How the assessment was calculated: [explain basis upon which the amount of the proposed assessment was calculated] <l[if IsupportEmpt, yParas]> <~[endif]> Enclosed with this nobce, you will find an assessment ballot. Please follow the directions on the assessment ballot to express your view on the proposed assessment. 1. You may mall or deliver only your own ballot to the city clerk at the location shown on the ballot. Ballots not submitted by mall or hand delivery by the person who signed the ballot will not be accepted. [Optional: Each person with a record ownership interest in this property must complete a separate ballot] 2. Ballots may be sent or dehvered to the c~/clerk at any time, but MUST be received not later than the conclusion of the public hearing on [insert date ofheanng] at [insert time of hearing] p.m. to be held at the [insert public agency name] City Council Chambers. Any time pdor to the conclusion of the public heanng, you may withdrew your ballot and submit a changed or new ballot in place of the ballot prewously submitted. 3 Only ballots with original signatures-not photocopies of s~gnatures-wdl be accepted 4 The c~ty clerk w~ll not accept nor tabulate a ballot: · which is a photocopy without an odginal signature; · which is uns~ned; which lacks an identifiable 'yes" or 'no" vote; or · which appears to have been tampered w~th or otherwise be invahd based upon its appearance or method of delivery. 5 The assessment ballot r.o~"m=_*J~_e ~' , ..... ~l~. ~ ~.~ ~m ~ .... do~,~= ,,~ l?'_'b!;c ;.?_~_-'e~__'on ,~__- ~2-* b~ ~' ~' ~-c.~..]; [eltemative 2: Is a public record which will be ava#able for public inspection after the conclusion of the assessment ballot proceeding]; [~_._~_.--..'__"'/s ~' '""~ -~" ..... ~ ,,,,k,,. ~.,.~,.,,.. =t _'~..y f...~._]. conclusion of the public hearing, the city clerk will complete tabulation of the ballots, including those received during the public heanng. If the number of ballots received at the hearing is such that it is not feasible to accurately tabulate the ballots that evening, the city council may continue the meeting to a later date for the sole purpose of obtaining the final tabulation. 7. The ~nsert public agency name] will not impose the assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Ballots shall be weighted according to the proportional financial obligabon of the affected property Should you have any queatione, pleaea call or write to: [name], [Utfe], at [address], [telephone number] Sample Official Ballot [Name of Assessment District] Assessor's Parcel Number:. Property Owner's Name. Property Owner's Address. Proposed Assessment for This Parcel Beginning Vnsert relevant year] Fiscal Year: Proposed Range or Inflation Adjustment Formula: Used] Instructions For Completing and Delivering This Ballot To express your view on the proposed assessment and the proposed range or inflabon adjustment, check the square before the word 'YES' or 'NO," then s~n and date the ballot. [Optional: Each person with an ownership interest in this property must complete a separate ballot.] · After completing your ballot, mail or deliver this entire ballot to the clerk of the £1nsert public agency name] at [address] Ballots may be sent or delivered to the clerk at any time, but MUST be received not later than the conclusion of the pubhc hearing on the proposed assessment and assessment range set for [date, time and place of public hearfng]. PLEASE EXPRESS YOUR VIEW BY MARKING AND SIGNING BELOW [Option 1: Use for approval of fiat e~seeame~t only; use option 2 if the agency is asking for approval of both an assessment end an inflation rate or range of assessments] Yea, I approve the proposed assessment described above for the parcel identified in this ballot __ No, I do not approve the proposed assessment described above for the parcel identified in this ballot. I hereby declare under penalty of perjury that I am a record owner of the parcel listed above. Signature of Record Owner Date [Option 2: Use for approval of both an assessment and an inflabon rate or range of assessments] Question 1. Do you approve the proposed assessment described above for the parcel identified in this ballot? Yea, I approve the proposed assessment described above for the parcel ~denbfled in this ballot No, I do not approve the proposed assessment described above for the parcel identified in this ballot. Question 2. Do you approve of the proposed [insert range of assessment or inflation adjustment hm;t, as applicable] described above for the parcel identified in this ballot? Yea, I approve of the proposed [insert range of assessment or mflabon adjustment hmit, as applicable] described above for the parcel identified in th~s ballot. No, I do not approve of the proposed ~nsert range of assessment or inflation adjustment limit, as applicable] described above for the parcel identified in this ballot. I hereby declare under penalty of perjury that I am a record owner of the parcel listed above. Signature of Record Owner Date [Opbon 2: Use for approval of both an assessment and an lnflation rate or range of assessments] Question 1. Do you approve the proposed assessment described above for the parcel identified in this ballot? Yes, I approve the proposed assessment described above for the parcel idenbfled in this ballot No, I do not approve the proposed assessment described above for the parcel identified in th~s ballot. Question 2. Do you approve of the proposed pnsert range of assessment or inflation adjustment limrt, as applicable] described above for the parcel identified ~n this ballot? Yes, I approve of the proposed pnsert range of assessment or inflation adjustment limit, as applicable] described above for the parcel identified in th~s ballot No, I do not approve of the proposed [insert range of assessment or mflaUon adjustment limit, as appltcable] described above for the parcel identified in th~s ballot. I hereby declare under penalty of perjury that I am a record owner of the parcel listed above. Signature of Record Owner Date DATE: TO: FROM: SUBJECT: June 1,2004 / HONORABLE MAYOR ANDMEM~ERS OF THE CITY COUNCIL ~,,/ Lorry Hempe, City Manager ~XY -~,~ Request to designate Acting City Engineer in Absence of Current City Engineer PURPOSE: To recommend that the City Council adopt the attached resolution designating the former City Engineer Joseph Y. Wang to act as the City Engineer in the absence of the current City Engineer Yadollah Farhadi. FACTS: The current City Engineer Yadollah Farhadi has requested the City Manager to take his annual vacation, it is requested that the former City Engineer Joseph Y. Wang be designated to act as the City Engineer in his absence. To continue its normal course of business and to not delay the progress of current or near-future ClP projects, construction projects, and other projects, the city requires to have a city engineer who must also have in his possession a current professional engineer (P.E.) license. Former City Engineer and current Assistant City Manager Joseph Y. Wang does have said qualifications. RECOMMENDATION: Staff recommendeds that the City Council adopt the attached resolution entitled: ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING THE FORMER CITY ENGINEER JOSEPH Y. WANG TO ACT AS THE CITY ENGINEER IN THE ABSENCE OF THE CURRENT CITY ENGINEER YADOLLAH FARHADI" AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DESIGNATING THE FORMER CITY ENGINEER JOSEPH Y. WANG TO ACT AS THE CITY ENGINEER IN THE ABSENCE OF THE CURRENT CITY ENGINEER YADOLLAH FARHADI WHEREAS, the current City Engineer Yadollah Farhadi is taking his vacation; and WHEREAS, certain city business requires the review and approval of a registered civil engineer; and WHEREAS, the currant Assistant City Manager Joseph Y. Wang possesses the required qualifications in this capacity. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. That the City Council designate the current Assistant City Manager Joseph Y. Wang to act as the City Engineer in the absence of the current City Enginccr Yadollah Farhadi. adoption. Section 2. This resolution shall go into effect immediately upon its PASSED, APPROVED and ADOPTED this day of ,2004. City of Lynwood ATTEST: LOUIS BYRD, Mayor ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attomey LORRY HEMPE City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,2004, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein sta~ed. Dated this day of ,2004. City Clerk, City of Lynwood Date: June 1, 2004 To: From: By: Honorable Mayor and Meml;~r~ o~the City Council Lorry Hempe, City Manager ~ Jim Given, Director of Recrea1~n & Community Services Subject: LYNWOOD SENIOR ADVISORY BOARD BYLAWS PURPOSE To have the City Council review, provide any input in relation to and then to approve the Senior Citizens Advisory Board bylaws. BACKGROUND The City Council adopted Resolution 2003.131 at its meeting held on July 1, 2003, acknowledging the Senior Advisory Board as the designated advisory body to the City of Lynwood relative to senior citizens; directing the Recreation & Community Services Department to work with the Board in a liaison capacity. The current membership on the board is comprised of those individuals who were on the Senior Citizens Advisory Board in July 2003. ANALYSIS The Advisory Board developed, reviewed and approved bylaws for their operation as a Board under the jurisdiction of the Recreation & Community Services Department. However, when the City Council formally gave recognition to the Board the City Council did not formally adopt the Bylaws for the Lynwood Semor Advisory Board. The current Lynwood Senior Advisory Board is made. up of 13 members, including its officers. The Bylaws call for officers to include President, V~ce-President, Secretary and Treasurer as well as a variety of sub- committees to allow for greater participation from the Board as a whole. The attached bylaws consist of the following: 2. 3. 4. 5. 6. 7. 8. 9. Preamble and Mission Statement Article 1 - Responsibilities of the Senior Advisory Board Article 2 - Composition Article 3 - Filling of Vacancies Article Article Article Article Article Article Article Adicle Article Article Article Article Article Article Article 4 - Meetings 5 - Officers 6 - Election of Officers 7 - Duties of the President 8 - Duties of the Vice President 9 - Duties of the Secretary 10 - Duties of the Treasurer 11 - Suggestions and Grievances 12 - Sub Committees 13 - Programs, Projects and Activities 14 - Amend ments 15- General Rules Regarding Safety and Conduct 16- Board Member and Citizen Input 17 - Conflict of Interest 18 - Attendance AGENDA The bylaws developed and adopted by the Senior Citizens Advisory Board are an excellent operating plan for the Board. The following, however, are articles that staff has determined that the City Council may wish to review: 1. Article 2 - Composition The Advisory Board has a membership of thirteen members as noted in the adopted bylaws. The memberships of all other City Boards and Commissions have been designated by the City Council with the exception of the Veteran's Affairs Council. In the case of the Veteran's Affairs Council, anyone who is in active duty in any branch of the service or who is a veteran of any branch of the military is considered a member. A meeting quorum is determined by a quorum of all members who are present at a meeting. This provides for greater access to the Veterans Council however, it provides some level of challenge for continuity of activities, as there can be different members at each meeting. The Veterans Council is completely voluntary in nature as is the case with the Senior Citizens Advisory Board. The City Council may wish to consider one of the following with relation to composition: a. Have membership remain at (13) members as is the case currently in the bylaws. b. Increase the membership for the Advisory Board by a finite number to be dete..ined by the City Council. c. Have the Advisory Board composition mirror that of the Veterans Affairs Council and be "open to anyone" meeting lhe basic cdteda of being a senior citizen and having a quorum for each meeting be determined by the number present at the given meeting. 2. Article 3 - Fillin,q of Vacancies "The President of the Board or any members of the Board may recommend prospective members to the Board for screening by the Board for eligibility to membership on the .Board. The President shall appoint an active member to fill the expired term. Should an officer resign dudng the year, appointment shall be subject to approval by the Executive Board." The City Council may wish to consider one of the following with relation to the filling of vacancies: a. To have the vacancies filled via the process identified in the current Advisory Board bylaws. b. To have members of the City Council nominate members to the Advisory Board. c. To open up membership making the need for nominating members unnecessary. 3. Article 5 - Officers The officers for other boards and commissions include a Chairperson and Vico Chairperson. The City Council may wish to consider one of the following with relation to officers: a. To have the Advisory Board officers be those noted in the bylaws due to the fact that this Board is more active in programmatic related activities in addition to directly performing fundraising activities for such purposes as providing fumishings for the Senior Citizens Center project. b. Change the officers to reflect those of other boards and commissions. 4. Article 18 - Attendance "Any member that misses three (3) consecutive regular mcctings without an excuse will be removed from the Board". The City Council may wish to consider one of the following with relation to absences: a. To have the absence policy remain as noted in the bylaws. b. To have the absence policy mirror that of the Commissions within the City. CONCLUSION/RECOMMENDATION Staff recommends that the City Council: 1. Review the staff report and attached bylaws adopted by the Senior Citizens Advisory Board. 2. Provide any input in relation to the bylaws. 3. Approve the bylaws either as presented or with changes. Attachment. C~ty of Lynwood Semor C~bzens Advisory Board Bylaws C~ty of Lynwood Commissioners Handbook LYNWOOD SENIOR ADVISORY BOARD BY -LAWS 4. 5. 6. 7. 9. 10. ARTICLE 1 Responsibilities of the Senior Advisory Board Act as liaison to the Recreation & Community Services Department ((R& CS Dept) for senior citizens. Make recommendations from Senior Citizens to the staff of the Recreation & Community Services Department. Promote senior services issues as well as services, activities and programs to address those issues. Recommend ideas on fundraisers. Collectively to stdve to improve the overall conditions and oppodunities for senior citizens and to stdve to improve life styles for all senior citizens. Recommend both short-range as well as long-range goals for the Board. Acquire input and concerns from senior citizens in the community and submit to the (R & CS Dept) Depadment for to address for potential resolution. Promote unity among and between senior citizen ~ndividuals and groups within the community. Provide volunteer support and assistance to programs, events, classes and activities offered as a part of the Senior Citizens Program. Assist staff members in providing recommendations to the City Council as necessary. ARTICLE 2 Composition Board Membership - Lynwood Senior Advisory Board Members must reside in the City of Lynwood. Friends or Associates to board do not need to be residents of the City of Lynwood. The Board shall consist of a maximum of thirteen (13) members. The Advisory's governing body or Board of Director's Executive Committee shall serve governing body of the Advisory Board under the direction of the (R& CS Dept). The slate of all the Board shall be prepared in April of every year for a term of two (2) years beginning the following July Ist, except dudng the inibal establishment of the Board when all members were elected or appointed in March. ARTICLE 3 Votinq Priwleges 1. The City Clerk or her designee at a regularly scheduled meeting prior to being eligible to vote must swear in new members. 2. All regular members of the Board will have the right to vote on any item within the purview of the Board unless there is deemed to be a conflict of interest. 3. A conflict of interest would exist when there is some familial or personal financial involvement such as the oppodunity for personal financial gain with a decision. ARTICLE 4 Fillin.q of Vacancies The President of the Board or any members of the Board may recommend prospective members to the Board for screening for eligibility to membership in the Board. The President after the review of the Board shall recommend persons for appoint an active member to fill the expired term to the Director of Recreation & Community Services. Should an officer resign during the year, a ~nterim replacement shall be appointed via a vote of the members at the first regularly scheduled meeting after receipt of formal notification of resignation, until the next regularly scheduled election of officers. ARTICLE 5 Meetin,qs The Advisory Board shall meet monthly at a time and place agreed upon by the Board members. (1st Wednesday of each month.) The annual meeting of the Board for the purpose of electing Board officers shall be held on the Ist meeting in June. The President may call other meetings as deemed necessary, provided that five (5) days notice is given to all members verbally or in writing. ARTICLE 6 Officers The Board shall elect from its members the following officers: President, Vice- President, Secretary and Treasurer. ARTICLE 7 Election of Officers The Board shall accept nominations at the annual meeting in May of each year. Maximum publicity and notice of election shall be posted in appropriate locations throughout the community at least two weeks prior to such election. Bo Do All elected officers shall assume office as of July 1. Eligibility to run for office shall be an active member who is in good standing in accordance with Article 2, B and C, and shall have attended three (3) Advisory Board meetings within the current year pdor to the election. Installation of Officers will take place in the first week of July. Election: Members eligible to vote shall be active members and upon being sworn in by the City Clerk or her designee and having not missed three (3) meetings within the current year prior to the election. Nomination Committee: presiding officer shall appoint two or more persons to accept nominations and distnbute, collect, and tally the secret ballots. Nomination Procedure: The Adwsory Board shall announce the office to be-filled at the May Advisory Board meeting. ° The Advisory Board shall introduce the Nomination Committee at the May meeting. The Advisory Board shall open nominations for one month. The Nomination Committee will accept nominations until the June Board meeting. Final nominations shall be accepted from the floor at the conclusion of the Monthly Advisory Board meeting pdor to election of new officers. Election Procedure: Elections shall be conducted at the beginning of the Advisory Board's June meeting. 2. The Advisory Board shall introduce the Nomination Committee. The Advisory Board shall announce the offices to be filled pdor to election proceeding. The Nomination Committee will announce the nominees who have accepted Nominees must be present. The Nomination Committee is to file a report, which consists of a ticket. The Chair asks if there are any other nominations from the floor. The nominees must be in attendance to accept the nomination. When nominations are completed and closed, the assembly proceeds to the election by method of secret ballots. Voter eligibility - see Article 7-B. The Nomination Committee and one City staff person shall count the ballots in a secured area immediately after the elections are closed. When Nomination Committee has notified all the officers elected, and candidates have accepted the positions, Nomination Committee shall post the results (elected officers). Installation of new officers - see Article 7-B. 10. Ballets will be kept 7-10 days. ARTICLE 8 Duties of the President The President of the Advisory Board shall preside at all meetings of the Advisory Board. The President shall call special meetings of the Advisory Board, with prior notice given, when necessary. The President of the ,Advisory Board shall appoint all committees with the approval of the Advisory Board, and shall be an ex-officio member of all Board committees. In case of resignation or separation for any reason of any officer, the President shall recommend a replacement to the Board for their confirmation. ARTICLE 9 Duties of the Vice-President The Vice President shall preside and perform all duties of the President in the absence of the President, and shall perform all other duties that may be assigned by the President. ARTICLE 10 Duties of the Secretary The Secretary shall keep minutes of the Advisory Board in a book or books provided for this purpose and shall perform such other secretarial duties as may arise from time to time, as may be directed by the Advisory Board. Secretary shall be responsible to notify the Executive Board of all board meetings and other communication as the office may require. ARTICLE 11 Duties of the Treasurer Should the Advisory Board choose to utilize the office of the Treasurer, the officer shall receive, deposit, and keep records of all monies donated to, or collected by, the Advisory Board. The officer shall submit a financial statement of receipts and disbursements. The Treasurer must provide Recreation & Community Services Department or other designated City of Lynwood staff members with financial data or informahon as required. ARTICLE 12 Suggestions and Grievances All grievances and suggesbons of actiwty, program or project participants shall be. brought to the attention of the Advisory Board at its monthly open council meeting. ARTICLE 13 Board Adwsory Committee Board committees may be established to assist the Board in the discharge of its responsibdities. Committees may be selected appropriately for the following, or combinations of the following or involve committees for purposes not identified below if approved by the Director of the City of Lynwood Recreation & Community Services Department: (1) Outreach Committee (2) Decoration Committee (3) Nomination Committee (4) Ways and Means Committee (5) Trip Chairman (For Advisory Board sponsored tdps) (6) Parhamentarian, By-Laws (7) Sunshine Chairperson and alternate (8) Historian (9) Medical (10) Telephone Committee (11) Program Committee The specific advisory responsibilities of the Board committee members are: the Chairman of each committee shall be a member of the Board; committee members shall be non-Board members whenever possible. ARTICLE 14 Proiect Plans and Achvities Is shall be the duty of the Board to recommend, and approve when appropriate, plans and activities for the project in consultation with the staff. ARTICLE 15 Amendments By-Laws: Formulate proposed change(s) to the By-Laws and present to Executive Board. Amendments to these By-Laws shall be submitted to the Board in wdting and shall have the first reading at the next regular or special Board meeting. The second reading of the proposed amendment(s) will be held at the following Board meeting, at which time, adoption of the amendment(s) shall require a two-thirds vote of all Board members present at the meeting. The Advisory Director and Advisory's governing body shall approve all amendments to the By-Laws. ARTICLE 16 General Rules Regarding Conduct, Decorum and Safety A participant of the program using profane language or causing a disruption when participating in the program and special activities will be hand led in the following manner: Objective counseling 0f warranted) giving forewarning or foreknowledge of the probable consequences of his or her conduct within the program. bo Upon a second offense or incident, the participant will receive a written letter giving adequate warning of the consequences of his or her continued conduct that may result in a possible suspension from the program for up to one month. Upon a third offense or incident, the participant will receive a verbal and a wntten notice of the suspension from the program. Upon a fourth offense or incident, the participant will be permanently dismissed from the program. As an Advisory Board member, the Board inwtes you to bring your suggestions and your concerns to the Advisory Board meetings for discussion Recrealn/Lynwood Semor Advisory Board O City NWOOD 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 {310) 603-0220 ~D~A L. HOOPER CITY CLE~ 'fllJ' Dear Commissioner: It gives us great pleasure to welcome you on your appointment for the City of Lynwood. Your appointment to the Commtssmn reflects the City, Councd's confidence in 3'our ability and judgment Io ser~.e ),our community well in this ]mportanl role To assist you ]n understanding the duties of your role. the CIty Clerk has designed this handbook based on the Municipal Code and State Statutes. This book will serve as a reference guide m your endeavor to fulfill ?our respons]bfi]t? while serving the cji]zenD' of Lynwood Our con~atulalions on your appointmenl, and besl wishes for your success as a Lynwood Commissioner. Prepared By Andrea L Hooper City Clerk TABLE OF COI TEI IT$ CREA T/ON OF COMMISSIONS .......................................... 1 APPOINTMENT TO CITY COMMISSIONS ......................... 1 COMMISSION-COUNCIL RELATIONS ............................ 2 STAFF RELATIONS .......................................... 2 INTER COMMISSION RELATIONS .......................... 2 OFFICERS .................................... 3 HEARINGS ..................... 3 CONDUCTING THE HEARING .... 4 MEETING ATTENDANCE ........ 4 MEETINGS .......... 5 A. Regular Meetings ......... 5 B Adjourned Regular Meehngs .......... 5 C Special or Emergency Mee#ngs ............. 6 QUQRUM. .................................................. 6 CONDUCT OF MEETINGS ................................... 7 Agenda for Meetings .................................................. 7 Meeting Minutes ........................................................... 7 Conduct of Business ..................................................... 7 Motions ..................................................................... 8 Voting .............................................................. 8 RALPH M. BROWN ACT. ................................................ 9 CONFLICT OF INTEREST ............................................. g MEETING TIME & DATE ROSTER .............................................. 10 CREATION OF COMMISSIONS The Lynwood City Councd is responsible for establishing policies and providing overall policy direction for the City's operations As elected representahves, the Councd members are accountable to the people for the ,mplementabon of all programs and services provided by the C~ty Consequently, ~n their efforts to gain a better awareness of the senbments of the residents, the Councd members have created adwsory groups composed of local residents by virtue of an Ordinance These c~t~zens are appointed to C~ty Commissions on the basis of their known integrity and previously d~splayed c~v~c interest APPOINTMENT TO CITY COMMISSIONS The ~nd~wdual members of the C~ty Councd appoint the Commissioners w~th the approval of a majority of the C~ty Council The Councd reserves the r~ght to replace or transfer a Commissioner through a majority vote of the Council When appointed, each serves a term of four (4) years (except for the Youth Commission w~th each Commissioner serving two (2) years ) To prowde an overlap ~n term service, the term of some Commissioners are staggered At the end of the md~cated term, Council can e~ther re-appoint a Commissioner or appoint a new member to the commission On or before December 31st of each year the C~ty Clerk shall prepare a hst of all appointed terms, which will expire dunng the next calendar year including the name of the recumbent appointee, and the date the term expires It ~s the pohcy of C~ty Council to make nom~nahons for exisbng and/or ~mpendmg commission vacancies, following nobficabon of such openings by the C~ty Clerk at a regularly scheduled meeting of the Council Body At the next regularly scheduled meeting of the Councd body nommabons may be made on the basis of letters from Commissioners desirous of re-appointment, resumes or letters of interest m appointment on file in the C~ty Clerk's Office, community contacts or other methods selected by Council members to ~denbfy interested and capable ind~wduals The ~nterval between Council meetings ~s utilized by the City Council to rewew the list of candidates. At the succeeding C~ty Council meeting, Council members each appoint a Commissioner(s) from among those nominated by a s~mple majonty vote ** The term "commissioner" shall be residents of the C~ty not holding a position for which the City pays compensation ** The term "commission" shall include all City Boards, Commissions, and Committees for the purpose of th~s handbook COMMISSION- COUNCIL RELATIONS Under normal procedures, business transacted by the Commission is communicated to the City Council through the designated staff person for the Commission and the C~ty Manager The role of the Commission is to assist the CJty Council on the mformat~on of policy The Commission serves by' Providing advice to Council Serving as a guide to public op~mon By promoting specific prolects ~n the community at large The Commissions have no authonty to act on their own w~thout C~ty Council concurrence They should not commit C~ty funds or make any budgetary decision on behalf of the CJty w~thout Council authorization Decisions rendered by the Commission are appealable to the CIty Council, the legislative body responsible to the electorate for ultimate pohcy decision STAFF RELATIONS Staff liaison are assigned to Commissions by the C~ty Manager to provide technical and management support for the group The scarf ha~son serves the Commission ~n an advisory capacity much the same as the Commission serves the City Council The City Manager or h~s designee has d~scret~on over the appointment of individual staff members to the various commissions and may replace and/or reassign staff halson at any time. Commissions to staff contacts should clearly be in the framework of the commission assignment As needed, the staff liaison will involve others in support of the commission. INTER. COMMISSION RELATIONS From time to time, any two commissions may be ~nvolved ~n a program or project of mutual interest, and on such occasion, ~t may be appropriate to call a joint meeting to assure proper coordination and cooperation. OFFICERS Each year, a Commission selects a Chairperson and a Vice-Chairperson among its members The Vice-Chairperson shall serve in the absence of the Chairperson. In the absence of both the Chairperson and Vice-Chairperson, the members present at such a meebng may elect a Chair pro-Tem No commission member may serve as Chairperson or V~ce-Cha~rperson for more than two (2) consecutive one year terms. The commission Chairperson is responsible for conducbng the meetings and serves as the liaison between the staff and the commission The V~ce-Chairperson shall succeed the Chairperson in the event of death, d~sabihty, removal or res~gnahon and at such event, a new Vice-Chairperson shall be elected by the commission for the remainder of the term In the event of death, d~sabdity, removal, or resignation of the V~ce-Cha~rperson, that office shall be filled at the next meehng by an election held by the Commission The Chairperson and the V~ce-Cha~rperson may be remove from office by a majority of votes from the enbre commission HEARINGS Heanngs conducted by the commission shall conform to the prows~ons of law ~n the matter of pubhc nohce, bme, number and repodmg A formal heanng before the commission which, for any reason, cannot be completed at the hme and place originally advertised, may be an adjourned meeting and shall constitute sufficient notice to all parties concerned Any member, or members, designated by the commission for the purposed shall be authorized and quahfied to preside over and conduct any formal hearing, provided that the purpose of such hearing shall be confined to the taking and recording of all pertinent testimony, and the member or members, conducting such hearing shall summarize the testimony introduced and render their opinions thereon to the full commission. Decisions and all matters heard at such hearings before a member, or members, shall be made only at and by a regular or adjourned or special meeting of the commission In the absence of the Chairperson or Vice-Chairperson or a member of the commission specifically designated to preside at any hearing, any member of the commission present at such time and place of heanng may represent the commission and conduct the heanng. CONDUCTING THE HEARING The agenda should indicate the schedule and subject of the public hearing. At the appropriate time, the Chairperson should state: "the hme has arnved to conduct a public hearing on the application of (name) for a (zone change, variance, conditional use, amendment, etc) We wdl appreciate your efforts toward maintaining orderly procedure so that the meeting may proceed ~n an expeditious and dignified manner All interested persons may have an opportunity to be heard. If there are numerous people in the audience who would hke to participate on the issue, and it ~s known that all represent the same opinion, ~t is adwsed that a spokesperson wdl thus have the opportumty to speak for a reasonable length of bme, and of presenbng a complete case If th~s arrangement cannot be made, ~t may be necessary for the Chairperson to restnct each speaker to a limited hme m order that all may be heard MEETING ATTENDANCE Commissioners are required to attend all regular meehngs of their commission. The success of a commission ~n achiewng its objecbves and goals ~s, m part, dependent on the commissioners' regular attendance at meehngs Council has taken a strong pos~hon of the issue of attendance On February 5, 1991, Councdmembers established Ordinance No 1356 amending Section 2- 12 1 a.1 of the Lynwood Municipal Code relating to absences from Commissions, Board and Committee meetings; Removal, which reads as follows' Three (3) absences* w~thin a 12 month period shall constitute a vacating of the position for Boards, Commissions or Committees meeting once a month. Bo Four (4) absences* within a 12 month period shall constitute a vacating of the position for Boards, Commissions or Committees meeting twice a month. In order for the Boards, Commissions and Committee Chairpersons to appropriately plan for their meetings, any member who has to be absent should nohfy the Chairperson of the respective board, commission and committee or in his/her absence, the staff representabve If any section of this Ordinance is found to be in conflict with any other section of the Municipal Code, this section hereby supersedes all other codes The staff ha~son will submit the commission attendance repod to the C~ty Manager's Office on a monthly bas~s Staff from the C~ty Manager's Office w~ll submit a hst of Commissioners who have ~ncurred absences ~n excess of three or four (whichever the case may be) to the City Clerk for review and submission to Council for final action. * Excused absence ~s considered an absence ~n Items A & B MEETINGS Commission meetings are open to the pubhc and must be conducted in accordance with established procedures including the Brown Act (described below) Meetings are categorized as ff A Regular Meetmqs Regular meetings are those which are scheduled on a regular bas~s In conformance w~th the state law, a formal agenda ~s prepared and posted at least 72 hours prior to the meeting. The commission should refrain from discussing any item that is not included on the agenda The commission, however, may take action on unlisted Jl~ems ~f it ~s determined an emergency sJluahon or the need to take achon arose after the meehng agenda was posted In th~s situation, a two-th~rds vote of the body, or, when less than two-th~rds are present, a malorfty vote is required to take action on the ~tem A quorum of the commission at any such regular meeting may, by formal achon, substitute another day for the regular meeting for the ensuing month In the event of a lack of a quorum at a regular meeting, the Chairperson or V~ce-Chatrperson/Pro Tem in that order, shall adjourn the meeting to another date m the same calendar month. A schedule of all the Commissions' regular meeting dates and times is shown on Exhibit A enclosed. B Adlourned Regular Meetings An adjourned regular meeting is one which is adjourned to another date either for lack of quorum or for the need of an additional meeting. Proper notification of date, hme and place of the adjourned meeting must be posted with 24 hours of the time of the adjournment, and must first obtain approval of the City Manager C Special or Emergency Meetinqs Special or Emergency meetings are those which are 1 2. 3 4 Called by the Chairperson, or in h~s absence, the V~ce-Chair By action of the commission at a regular or adjourned meeting By the written consent of majority of the commission members. Requires approval of the City Manager. Wntten nobce of the meeting must be g~ven to all Commissioners 24 hours prior to the meeting; written notice can be d~spensed only if members, prior to the bme of the meehng, file a written waiver of nobce or are actually present at the meeting at the time ~t convenes Poshng should be at least 24 hours m advance of the meehng Acbon on matters at specIal meehngs shall be hm~ted to subjects presented on the agenda for such spec. iai meetings The Chairperson should have the right to appoint special comm'lttees (compnsed of less than a quorum of the entire commIssion) to work on a specific item QUORUM A majonty of the members of the Commission shall constitute a quorum for the conduct of the roubne business, and a majority of members present at a meeting shall be sufficient to act. Unless otherwise required by law, action on all routine matters may be decided by a majority of the members, constituting a quorum at a qualified meeting VVhen one member of the Commission presides over and conducts on behalf of the commission any public hearing called and advertised pursuant to law, the proceedings comprising such hearing shall be hm~ted to the taking of the tesbmony and the recording thereof together w~th such other records pertaining to such hearing as are required by law and no action thereon shall be taken at such meehng unless a quorum be present, in the absence of such quorum at such hearing, the record of such hearing shall be made available to a subsequent official meeting of the commission at which the action on the matter so heard may be taken m the matter prescnbed by law. CONDUCTOF MEETINGS Agenda for Meetinqs An Agenda is prepared for each meeting to have orderly conduct dunng meetings At the same hme, it provides advance nohce of the matter scheduled for d~scussion. Each member of the commission should be prowded w~th a copy of the agenda not less than two (2) days prior to the meeting date Posting should not be less than 72 hours prior to the meehng Th~s ~s to assure that each commissioner has adequate hme to study agenda matters. Agendas of all C~ty Councd and C~ty Commission meehngs are posted at the d~splay section ~n front of the City Councd Chambers located at the south s~de entrance of Lynwood City Hall Meetmq M~nutes The M~nutes Clerk ~s responsible for prepanng mInutes of all official meehngs of the commission The Staff L~a~son takes charge of pubhc heanngs and other .records of the commission, ~nclud~.ng ~11 apphcahons made under prows~ons of law, and the complete files of'proceedings and actIons taken ~n connection therewith At each meehng, the Commissioners take a vote on whether to accept the minutes of prewous meetings The minutes may be ordered corrected pnor to the vote to ensure that they accurately reflect the pnor proceedings. Formal resolutions considered by the commission shall conshtute a part of the minutes of the meehng provided that the context of any such resoluhon was considered. All resolutions should clearly be ~denhfied by number, nature of subJect matter and by date for reference purposes Each resolution shall contain as a pad thereof a record of the names of the commissioners voting aye, nay or who are absent Conduct of Business Meetings should be conducted according to Roberts' Rules of Order. The commission may suspend any of these rules by a 2/3 vote of the entire commission It is the desire of the commission to obtain the comments of all interested or affected ~nd~wduals and organizations, and consideration will be given to all comments or suggestions made Irrelevant and off-the-subject comments will be ruled "out of order" Proponents wdl be given an opportunity to present their case first Th~s will be followed by an opportunity for the opponents to present their objectives. Proponents wdl be given a further oppodumty for rebuttal Either side of the issue may ask questions through the Chair When the hearing is closed, audience part~cipahon is ended. The secretary will then read the substance of the applications and staff repods. Following the staff reports, the Chairperson w~ll say. "any member of the Commission who has made an inspection of the property or has independent knowledge of the situation under review wdl be g~ven an opportunity to present h~s findings at th~s brae'. Following apphcable remarks by the Commission members, the Chairperson wdl say "those w~shmg to be heard in favor of the proposal wdl now be recognized. Please state your name and address for the record" The same recogn~bon by the Chairperson and remarks will apply for those wIshing to speak ~n opposlhon, rebuttal or quesbon~ng Following. audience padlc~pabon, a motion. ~s- rhade and adopted to close or adjourn the public heanng If the hearing ~s closed, the commission openly d~scusses the merits of the proposal and announces ~ts findings by resolution or m~nute mohon The resoluhon or minute mobon shall state the bas~s and specific reasons for the achon taken Motions Each member of the commission has the nght to present motions. A mohon ~s the formal statement of a proposal to the commission for consideration or acbon. Motions may only be voted on if they receive a "second" from another commissioner. Votinq After a motion has been made and seconded, all members of the commission have the opportumty to comment on the ~ssue and cast their votes. Voting shall be by roll call The Chairperson casts h~s/her vote last. The majority vote of the members present shall be necessary for the adoption of any proposed action, resolution or other voting matter except where otherwise set forth in these rules T~e votes shall be recorded as a failure of achon to pass. T~e votes on a motion defeats the motions RALPH M. BROWN ACT The purpose of the Brown Act, Government Code Section 54950 et seq., is to ensure that the achons of local government enhties are taken openly aod their dehberahons are conducted openly Th~s Act apphes to the C~ty Council, as well as to any commission formally created by the Councd. Exceptions to open and pubhc meetings include the discussion of personnel matters and pending proposed or anbcipated ht~gation where open discussion would be detrimental to the c~ty's interest The provisions of this Act are not construed to apply to meehngs of less that quorum committees of the commission and to social gatherings where no action ~s taken or commitment made related to the affairs of the City CONFLICT OF INTEREST As a government official, a commissioner ~s subject to the conflict of interest prows~ons of the law These provisions are designed to protect the pubhc from b~ased decisions If a commissioner has a conflict of interest, he or she should not d~rectly or indirectly influence the proceedings or the vote. The penalties for violating the conflict of ~nterest laws are serious and may ~nclude fines and a prohibition against serving in public office. Any commissioner who is affected by the public disclosure of financial interests of the public officials provision can secure forms and more detailed information from the City Clerk. DATE: June 1, 2004 TO: FROM: BY: SUBJECT: Honorable Mayor and Members of the City Council Lorry Hempe, City Manager~ Consulting Services Agreement PURPOSE: The purpose of this item is to have the City Council approve a consulting services agreement with Universal Field Services, Inc. for the Ham Park Replacement Project. BACKGROUND: At the regular meeting on April 20, 2004, the City Council reviewed staff's recommendation and selected Universal Field Services, Inc. as the consultant for the Ham Park Replacement project. The City Council also directed staffto negotiate an agreement with Universal Field Services, Inc. for its approval. ANALYSIS: Per City Council direction staffnegotiated with Universal Field Services, Inc. on April 29, 2004. After several reviews and discussions on the level of services and fees regarding appraisal, title and environmental, staff and the Consultant reached a draft agreement with a not-to-exceed fee of $ 895,605 on May 18, 2004 (see attached copy of the agreemen0. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution entitled: "A Resolution of thc City Council of the City of Lynwood Approving a Consulting Services Agreement with Universal Field Services, Inc. for Ham Park Replacement Project and Authorizing the Mayor to Execute the Agreement" I AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING A CONSULTING SERVICES AGREEMENT WITH UNIVERSAL FIELD SERVIVES, INC. FOR HAM PARK REPLACEMENT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Whereas, the City issued a Request for Proposals for Ham Park Replacement Project and Universal Field Services, Inc. submitted a proposal of professional services for the Project; and Whereas, the City desires a highly qualified consultant to provide technical assistance in the area of project management which includes site acquisition, relocation, escrow, title, valuation, demolition and environmental services; and Whereas, the Universal field Services, Inc. represents that it is qualified to perform such services and has agreed to do so. Now, Therefore, Be It Resolved by the City Council of the City of Lynwood as follows: Section 1: That the City Council approves the attached consulting agrevment with Universal Field Services, Inc. for Ham Park Replacement Project. Section 2: That the City Council authorizes the Mayor to execute the agreement. Section 3: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this day of ,2O04 ATTEST: Louis Byrd, Mayor City of Lynwood Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood Lorry Hernpe, City Manager STATE OF CALIFORNIA ) ) Ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of ,2004. AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) Ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and Correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2004. City Clerk, City of Lynwood CONSULTING SERVICES AGREEMENT HAM PARK REPLACEMENT PROJECT Project No. 05-5295 THIS AGREEMENT is made as of May 27, 2004 by and between the City of Lynwood, a municipal corporation ("City" herein) and Universal Field Services, Inc., an Oklahoma corporation ("Consultant" heroin). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Consultant's proposal which is attached hereto as Exhibit A. B. Consultant reprosents 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: 1. Consultant's Services. A. Scope of Services. The nature and scope of the spedfic services to be performed by Consultant are as described in Exhibit A. B. Level of Services. The level of the specific services to be performed by Consultant is as set forth in Exhibit A. C. Time of Performance. The services shall be performed in accordance with the schedule set forth on page 26 of Exhibit A. Consultant hereby represents and warrants that the biographical information on Consultant's employees, managers, specialists, principals, agents, and associates and the Consultant's pdor experience references as contained in pages I through 12 of Exhibit A are true and accurate. The parties hereto agree that such biographical and reference information is submitted by Consultant with the understanding and agreement that City is relying on said information as a material induction to City to enter into this agreement. 2. Term of Agreement. This Contract shall take effect upon the City's execution and shall terminate upon completion of service but no longer than specified on page 26 of Exhibit A, unless sooner terminated as provided herein. If necessary, the schedule of performance may be modified upon approval of the City. Consulting Services Agreement 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth on page 25 of Exhibit A. Payment will be made only after submission of proper monthly invoices in the fo.. specified by City. Total payment to Consultant pursuant to this Agreement shall not exc=~cd Eight Hundred Ninety Five Thousand Six Hundred and Five ( $ 895,605 ) Dollars. 4. General Terms and Conditions. The General Terms 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 Te,'.,s and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit to control. The provisions of consultant's proposal shall not control over the General Terms and conditions. 5. Addresses. Any notices required or permitted pursuant to this Agreement shall be served upon or delivered to the parties as specified below: City: Joseph Y. Wang, Assistant City Manager City of Lynwood 11330 Bullis Road Lynwood, CA 9O262 Consultant: James H. Finnagan, Senior Vice President Universal Field Services, Inc. 18377 Beach Boulevard, Suite 220 Huntington Beach, CA 90648 6. Exhiblt~. All exhibits referred to in this Agreement are incorporated herein by this reference. Consulting Services Agreement IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF LYNWOOD ATTEST: By: Louis Byrd, Mayor By: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: BELTRAN & MEDINA By: J. Amoldo Beltran, City Attomey 'Consultant" Universal Field Services, Inc. By: James H. Finnegan, Senior Vice President Consulting Services Agreement UN~II]LL EXItlBIT A Proposal ro the City of Lynwood Project Management Services for the Replacement of Jokn D. Ham Park We invite you to experience the Universal Advantage in providing Right of Way Services · Over 4~ years of ~:quls#ion experience; 30 years of relocation experience · Ove~ 8,000 reskientJal and business rolocltJons s~lly corollated since 1995 · Extonsivo experience v~h turnkey projecM · Active members of the Intom~lonal Right of Way Association Professional Excellence Among our past and present clients are F~deral, Staie and Local government agencies. Our work for government agencies has been accompliahed in full conformity with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, California Redevelopment Law and State Department of Housing & Community Development guidelines. Universal has a local professional staff tha~ includes Project Managers, Supervisors, Acq, dsltion and Relocation Specialists, and Relocation Co*m~lors. A large number of our personnel are members of the International Right of Way Association and have either the Senior Designation (SR/WA) or the Relocation Assistance Spccialty Designation (R/W- RAC~ Is ~ore ~ 46 yeah of offeri~g ow sengces, we kava never k~l t~ declbe or ~ co~lete a projec~ on time and witkb bndfet due to iuek of qmgifled personnel ~esoorces. EXPERIENCED FIRM Uniwrs~i bm ~ore tka 46 yeors of r~bt of w~y f~/ntsittmf ~ relueftio~ fxpeHeace. Since 1989, Universal bas bcen involved in the acquisition of more than 1 $,000 parcels of land and the displacement of 8,000 residential and b,.qiness occupants for a varicty of projects throughout thc country. Thc UFS Project Tcam will provide you with a thorough understanding of the services to be provided and a comprehen.~ive staffing plan of experienced personnel who have the demonstrated ability to provide the required services. HIGHLY QUALIFIED PERSONNEL We are extremely proud of the staff team we have available for our projects. These individuals bring an expertise and enthusiasm for excellence that is unequaled. They are team members in the Iruest sense of the word and have the necessary experience from workino~ together on similar projects. As a team, they have the knowledge and pwven ability to ensure the success of major projects because they can identify issues long before they become problems. CORPORATE COMMITMENT Completing a project of any size demands thorough preparation, m experienced project team and a well-organized management plan. We will commit our full corpom!e resources to providing these services in a timely and cost efficient manner, including the hiring the hiring ami management of qualified subcontractors. Idmy 18, 2004 2004 Univemal Field Sewlces, thc Page I of 25 ~q~-qr~z~ ~. Proposal to tke City of Lynwood n~ m~ ~,~. Project Management Services for the Replacement of John D. Ham Park COMMITMENT TO MINORITY & WOMEN OWNED BUSINESS Universal is proud of our commitment to minority and women owned businesses and provides assistance whenever sub-contracting opportunities arise. Universal is an Equal Opportunity Employer with an Affimmtive Action Plan. QUALITY CONTROL PROCESS Initial preparation Is critical to the successful completion of any project. Early identification and resolution of problem areas through the use of partnering workahops and community involvement arc just the first steps in the process. Our extensive Quality Control Program is the distinguishing feature that reflects our commitment to excellence and sets Universal Field Services apart from the rest of the industry. We are proud of our extensive experience In providing land acquisition and relocation services to public agencies, and of the outstanding teams tlmt we assemble for projects. We are confident that with careful planning and a weH-coordin~_ted work effort, we can meet any project sckedule you estabiisk. May 18, 2004 0 2004 Universal Field Services, Inc. Page 2 of 25 Proposal to the Ci(y of Lynwood Project Management Services for the Replacement of John D. Ham Park Universal owes its continued success to its experienced and dedicated staff members · Tesm Members experienced w#h mdev~oprr~nt projects of ;dl sizes · Prior experience with ;K:quisitlon and relocation in the County of Rivemide and surrounding area · Project n~n~gement experience · Previous work in the County of Los Angeles Project Team The following staff members are well versed in managing and carrying out similar projects that must conform to both Federal and State laws and procedures. PROJECT MANAGER - KENT MELTON, SR/WA Back~round: Kent has worked in the right of way industry for over 14 years and has the proven ability to work in both the public and private sector. Since joining Universal, Kent has worked on several relocation projects, and most recently has m~n.~ed various projects for the Los Angeles Unified School Di~hict and Pa~,~t_,ma Unified School Di~hlct, the City of Riverside the Community Development Agency of Los Angeles and the County of San Diego, Public Works Dept. Project Responsibilities: Kent will be coordinating and over- seeing the daily project activities with the staff'and subconsultants involved in the project. ASSISTANT PROJECT MANAGER- MICHAEL JACKSON Background: Michael has over 36 years experience with government agencies, including more than 28 years with the County of Los Angeles as a Senior Real Property Agent providing acquisition and relocation services including the preparation of budgets, acting as a liaison with County officials and other government agencies, working with homeowners and tenants and implementing the federal, state and local regulations as they apply to acquisition and relocation. For the last eight years he has been providing acquisition and relocation services to various public agencies including the City of Pasadena, the Los Angeles Community Development Commission, Metropolitan Water District, the City of Riverside and the Los Angles Unified School District. Michael is very familiar with local relocation issues and solutions. As such he will be able to respond quickly to the concerns and issues with the tenants and to coordinate relocation activities with the City and local community resources. Project R~pon~ibilitie~: Micbm,l will ASSIST Kent with Project Management Activities as well as performing acquisition and relocation assistance services as a lead person. May 18, 2004 0 2004 Universal Field Services, Inc. Page 3 of 25 Proposal to the City of Lynwood Project Management Services for the Replacement of Jokn D. Ham Parl~ ACQUISITION/RELOCATION SPECIALIST - LISSO JACKSON Background: Lisso ban over 33 years of relocation and acquisition experience, 15 years of them as a Section Chief in the Real Estate Division for the County of Los Angeles. He served as project manager for the Maravilla and Willowbrook Neighborhood Development Projects in the County of Los Angeles, involving the acquisition of residential and business properties as well as the relocation of over 250 displacces. He has provided acquisition and relocation to various public agencies including the City of Pasadena, Riverside Economic Development Agency, the City of Santa Arm Public Works Agency and the City of Riverside. Lisso is very familiar with local relocation issues and solutions. As such he will be able to respond quickly to the concerns and issues with the tenants and to coordinate relocation activities with the City and local community resources. Project Responsibilities: Lisso will perform acquisition and relocation assistance services. ACQUISITION/RELOCATION SPECIALIST - SALVADOR REZA Background: With over thirty 30 years experience with the County of Los Angeles, ten of which were spent as a Senior Real Property Agent as well as work for the Redevelopment Agency of San Jose in acq-i~ition and relocation, Sal has had the responsibility of working with complex construction projects and relocation activities for various size projects. SM specializes in tke field of relocation, with an emphasis on bilingual services to assist in tke timely relocatiom involving Sl~misk-speaking families. Project R~pomibiliti~: Sal will perform acquisition and relocation assistance services and will perform any necessary English/Spanish translation services. ACQUISITION/RELOCATION SPECIALIST - JANE MCGINN Background: Jane has eight years experience in Real Estate and land acquisition and relocation assistance services. She is a proven negotiator and is well liked by both clients and property owners. Jane is completing her assignment on the Sound Transit Project in Seattle, where Universal is providing technical and manaEerial expertise to acquire all rights of way for the construction of the Central Link Light Rail Project in the Seattle area. This project, under its current ali~onment, involves 750 acquisitions and 206 relocations, utilizing a combioation of local and Federal Transit A&ninistration (FTA) funding. Though in Washington currently, Jane will be available for this project. Jane ha-~ a California Real Estate License ~01140410. Project Responsibilities: Jane will perform acquisition and relocation assistance services. ACQUISITION/RELOCATION SPECIALIST - BOB MENDOZA Background: With over 30 years experience with the County of Los Angeles and the City of Pasadena in acquisition and relocation experience, Bob has had responsibilities includin~ property management and serving seven of those years as Section Head for space management and property related management matters. Recently May 18, 2004 0 2004 Universal Field Services, Inc. Page 4 of 25 ~rt~z~---Rs& ~- Proposal to the City of L ynwood ~ ~ ~,~. Project Management Services for the Replacement of John D. Ham Park Bob completed his assignment to the Orthopaedic Magnet High School, and the Cahuenga Elementary School Projects for the Los Angeles Unified School Disi~ict. Projec~ Responsibilities: Bob will perform acquisition and relocation assistance services. CORPORATE OVERSIGHT - JAMES FINNEGAN, SR/WA Background: Senior Vice President, Western States Division of Univel~al Field Services. Jim has more than 33 years of experience in ail phases of land acquisition services for government agencies, including more than 20 yems with the California Department of Transportation (Caitraus) in Sacramento. His management experience includes severai years as Caitraus' smtewide land acquisition and relocation manager. He Was aiso the Right of Way Director for Caitrans' Di,i~[et 10 (Stockton) Office. While with Caitraus, Jim was a consultant to the U. S. Office of Management and Budget, and was in.n~umentai in the development of Regulations implementing the Unifol'~il Relocation Assistance and Real Property Acquisition Policies Act. Jim has been directly involved with Universai's projects in the western U.S. at the corporate level. Role: Jim will be involved with the oversight of q, mlity control activities with our Project Manager and q-Ality assurance with our on-site Project staff. SUBCONSULTANT TEAM Re~! Estate Appraisal/ADDraisal Review Donahue & Company - Sydney Hawran - Donahue and Company is a full service forensic real estate appraisal firm that has b~n in operation locally for thirty-eight years, with broad experience throughout Southern California and the western United States. An extensive client list of public agencies, financiai institutions, corporate and private clients is available upon request. The firm speciaiizes in litigation related appraisal, inclusive of eminent domain. In addition to collective appraisal experience, senior personnel have significant related profession backgrounds in the areas of title insurance, right-of-way acquisition, land plattnin~,, en~neering and relocation assistance. This diversity and working knowledge of the State and Federal acquisition guidelines and eminent domain law, as applied to appraisal practice, is of great assistance in undertaking appraisals and/or right-of-way consultation. Pertinent professional background and related experience q-alifications are detailed in individ-nl staff resumes. Real Estate Appraisal/Appraisal Review Laurain & Associates - RonaM P. Laurain -Laurain & Associates was established in January, 1969, for the purpose of providing professional reai estate appraisai services. The company was incorporated November 5, 1979, as R. P. Laurain & Associates, Inc. Ronaid P. Laurain is the Principal Appraiser and President ofR. P. Laurain & Associates, Inc. There arc other associate appraisers at the firm, however, Ronald P. Laurain will be thc key contact for the I~..~ and principal appraiser for assi~ynments from Universal Field Services, Inc., and the City of Lynwood. The structure of the finn and current employees provide a professional environment May 18, 2004 ~2004 Universal Field Services, Inc. Page 5 of 25 ~~zs~ v. Proposal to tke Ci(y of £ynwood ~m~ ~ ~,~ Project Management Services for the Replacement of Jokn D. Ham Park which enables the effective and timely production of professional real estate appraisal services for single-property appraisal assignments, as well as multiple-property appraisal projects for public agencies including, but not limited to, redevelopment projects, public school site assemblage projects, street widening and realignments, transportation corridor projects, and pipeline projects. Goodwill and Fixtures & Equipment ADDraisals Desmond, Maredlo and Amater (DM&A) -Rlehard Hodgea, ASA, Principal Appraiser - DM&A, founded in 1968, provides expertise in the valuation of privately held businesses and business assets, along with a wide range of litigation consulting and support services. Over the years, they have developed a variety of capabilities to serve their clients. Originally focused solely on business valuation, including appraisal of both tangible and intangible assets, they initiated their specialty practice in the appraisal of goodwill loss as defined under California's eminent domain law in 1976. In the 1990s, they further expanded their services to include fixtures and equipment appraisals for eminent domain purposes. Currently, they are one of the leading providers of goodwill loss and fixtures and equipment appraisal services in the field of eminent domain. Additionally, their expertise has evolved to include numerous litigation consulting services, expert testimony on darrrage issues, and class-action claims administration. Title Stewart Title = One of the largest title companies in California, Stewart Title is fully capable of servicing the title and escrow needs of this proposal. All services provided by Stewart will be performed in Orange County, utilizing full time professional escrow and rifle officers, researchers and processors. The primary point of contact will be Bert Ashland who will serve as the Account Manager. Mr. Will~un Cuddyer, Chief Title Officer will direct the title se~oment of this project. Marian Holiday, Senior Escrow Officer will direct escrow services. Each of these individuals is familiar with the scope and nature of the project and has worked on projects of similar complexity and purpose. Environmental Converse Comultanta - Scott M. Nunez, Project Manager - Converse Comulmnta, b,-_~dq,,~,-tered in Southern California and founded in 1946, is a consulting engineering rum with offices throughout the United States. They consistently strive to cultivate and to develop their technical capabilities to keep abreast of today's and tomorrow's needs for the clients in their core markets. Their team of professionals provides quality, cost-efficient consulting services in geotechnical en~neering, geologic sciences, hydrogeology, environmental sciences, biology, seismic studies, subsurface exploration, water and air resources development, and cor~.-hacfion inspection/testing. Converse has been in the top half of the ENR Top 500 Domestic Design Firms for at least the past decade, and has been providing geotechnical services for over 50 years. Property, Security Reliable Board-Ups - Armando Cortez, Project Manager- Reliable Board-up Company was started in 1992 by Adam Fernandez as the owner and specialized in emergency board ups and May 18, 2004 0 2004 Universal Field Services, Inc Page 6 of 25 ~ v,u~.s.n.L l~oposal to the C~ty of Lynwood ~ ~ ,.~ Projac~ Management Services for the Replacement of John D. Ham Park then into relocation projects for Southern California for schools, parks and city projects. Projects have been located in Bell, Long Beach, Ontario and Anaheim. Reliable Board-ups will be securing and boarding up properties as they are acquired and vacated and will do periodic site maintenance and removal of trash and debris. CommuniW Outreach Cerrell Associates, Inc. - For more than 36 years, Cerrell Associates, Inc. has been serving its clients' public relations needs with a unique knowledge of government and politics. Blending that perspective with a traditional offering of public relations services, Cerrell Associates is one of the leading independent PR firms in the Los Angeles Area. Cerrell Associates is a member of the WorldCom Oroup, The World's Largest Network of Public Relations Agencies, some 100 partners operating in 120 cities on six continents. C~rell will be in charge of public relations, community meetings and quarterly briefings of City Council. The City of Lynwood I I non. p. au,.a I I I i I I I May 18, 2004 ~ 2004 Universal Fiek:l 8ewices, Inc. Page 7 of 25 ~r~r~. Proposal to tb~ C~ty of Lynwood n~ ~n,~. ~,~. Project Management Services for the Replacement of Jokn D. Ham Parl~ Our references show our success · is linked to our · large number of · repeat clients and · neighboring · agencies References Experienced Team Members HiMory of work completed on time and within budget Full Corporate Commitment Quality ,*~urence Program Project Men~Klernent experience CLIENT: CONTACT: SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: CLIENT: CONTACT: SERVICES PROVIDED: COMMUNITY REDEVELOPMENT AGENCY, CITY OF LOS ANGELES Kathi He~4, Real Estate Acquisition & Relocation Manager, Community Redevelopment Agency, 354 South Spring Street- Ste 800, Los Angeles, CA 90013-1258 (213) 977-1600. Phase I - Windshield relocation cost e~tim-t~; Phase II - Preparation of Relocation Plan; Phase III - Relocation Assistance Services. Twenty to twenty-five business displacees. Project underway as of May 2003 and scheduled for completion by July 2004. LOS ANGELES UNIFIED SCHOOL DISTRICT Mr. Jeff Rogers, Real Estate Dept., Los Angeles Unified School District, 355 South Grand Avenue, Suite 500, Los Angeles, CA 90071 (213) 633-7484. Cakuenga New Elament~ry School #1 - Universal provided relocation services for 21 parcels for the Cahuenga New Elementary School #1. Of these parcels, 1 was residential and 20 were commercial. Central Los Angeles Higk Sckool #2 - Universal prepared a relocation plan. There were 4 residential and 23 non- residential owners. Central Los Angeles Higk Sckool #2 - The Central Los Angeles High School #2 project involved the acquisition of 14 residential and 6 commercial parcels. Central Los Angeles High School #2 - Universal relocated 60 tenants. Central Los Angeles New lt~uidle School #1 - Universal provided relocation for 8 residential occupants and 20 commercial occupants. May 18, 2004 0 2004 Universal Field Services, Inc. Page 8 of 25 Proposal to the City of Lynwood Project Management Services for the Replacement of Jokn D. Ham Park SlZg OF PROJECT: PROJECT STATUS: CLIENT: CONTACT: SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: CLIENT: CONTACT: Huntington Para Elementary #7- Universal prepared a relocation plan for 17 residential displacees. Httntington Park Elementary School #7- The Huntington Park Elementary School #7 project involved the acquisition of 19 residential parcels. ffe~rerson New Elementary Sckooi #1 - The Jefferson New Elemenlary School #1 project involved the relocation of 17 parcels, 6 were residential and 11 were commercial. Se. Orerson New Elementary Sckooi #7- Universal relocated 5 commercial parcels and 2 residential parcels for the Jefferson New Elementary School #7. Orthopaedic Medical Magnet Higk Sckooi- Universal relocated 16 business parcels for the Orthopaedic Medical Magnet High School. Ramona New Elementary Sckool - Universal acquired 6 residential and 3 commercial parcels for the Ramona Elementary School. Ramona New Eletnent~y Sckooi Rtiocation - Universal assisted in the relocation of 10 businesses. Soutk Gate New Elementary Sckool #6 - Universal relocated 9 businesses for the South Gate New Elementary School Detailed above. Project complete. CITY OF RIVERSIDE - Airport Clear Zone Kelly Kitasato, Real Property Agent, Property Services Dept., 3787 University Avenue, Riverside, CA 92501 (909) 826-5343. Relocation Assistance Services for the Airport Clear Zone project. Two residential relocations, one business relocation and one relocation of stored property. The project was completed in September 2003. COMMUNITY DEVELOPMENT COMMISSION, COUNTY OF LOS ANGELES - Medniek Avenue Mr. Michael Popwell, Los Angeles County Community County Development Commission, 2 Coral Circle, Monterey Park, California 91755-7425, (323) 890-7195. May 18, 2004 ~ 2004 Universal Field Services, Inc. Page 9 of 25 Proposal CiO, of Lymvood Project M~nagement Services for tke Repi~etnent of $okn D. H~tn Park SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: Universal performed a relocation and relocation assessment for Mednick Avenue. Provide on-call relocation assistance services to the 41 cities covered by the CDC. The project began in November 2000 and was completed in December 2001. CLIENT: COMMUNITY DEVELOPMENT COMMISSION, COUNTY OF LOS ANGELES - Model Relocation Plan CONTACT: SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: Bill Von Klug, Relocation Coordinator, 2 Coral Circle, Monterey Park, CA 91755, (323) 890-7001. Relocation plan and services. Universal provided the relocation of I tenant and I owner occupant. The project began June 22, 2000 and was completed in December 2000. CLIENT: COMMUNITY DEVELOPMENT COMMISSION, COUNTY OF LOS ANGELES - Relocation As Needed CONTACT: SERVICES PROVIDED: SlT. g. OF PROJECT: PROJECT STATUS: Bill Von Klug, Relocation Coordinator, 2 Coral Circle, Monterey Park, CA 91755, (323) 890-7001. Provided as-needed relocation services, most recently the Williams Street Apartmem Rehabilitation Project in Pomona that included 30 units. Provided on-call relocation assistance services to the 41 cities covered by the CDC. The project began December 1, 1998 and was completed October 31, 2001. CLIENT: RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY - Mission/La Rue Senior Center Housing Project CONTACT: SERVICES PROVIDED: SIZe. OF PROJECT: PROJECT STATUS: Amelia M. Vailu'u, Real Property Agent, Economic Development Agency of Riverside County, 3525 14' Street, Riverside, CA 92501, (909) 955-6693. Relocation Assistance Services. Provided px~ation of a Relocation Plan and the relocation of 24 apartments and 3 single-family residences. The project was completed October 2000. May 18, 2004 0 2004 Universal Field Services, Inc. Page 10 of 25 wx~x'v'~ = & v. Proposal to tke City of L ynwood mm ~ ~ Project Management Services for the Replacement of John D. Ham Parl~ CLIENT: CONTACT: SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: CLIENT: CONTACT: SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: CLIENT: CONTACT: SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: CLIENT: CONTACT: SERVICES PROVIDED: SIZE OF PROJECT: PROJECT STATUS: RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY - Cabazon Amelia M. Vailu'u, Real Property Agent, Economic Development Agency of Riverside County, 3525 14~ Street, Riverside, CA 92501, (909) 955-6693. Relocation Assistance Services. Relocation for the Joseph Tobias commercial relocation. The project was completed July 2002. PASADENA UNIFIED SCHOOL DISTRICT David Jaynes, Pasadena Unified School District, 740 West Woodbury Road, Pasadena, CA 91103 (626) 795-6981. Relocation assessment and the revision of the Acquisition & Relocation Policies & Procedures Manual. Four properties were involved in the relocation assessment. The project was completed in October 2002. CITY OF ONTARIO REDEVELOPMENT AGENCY Gregory C. Devereaux, Executive Director, Ontario Redevelopment Agency, 316 East "E" Street. Ontario, CA 91764-3799 (909) 395-2000. Provided on call land acquisition and relocation consulting services for the possible acquisition of pwperty for various redevelopment projects. Land acquisition for 2 parcels, and assessaient of a third parcel. The project was completed in September 2002. SAN DIEGO CENTRE CITY DEVELOPMENT CORPORATION - Tailgate Park David Allsbrook, Manager- Contracting and Acquisition, 225 Broadway - Suite 1100, San Diego, CA 92101 (619) 533-7112. Acquisition services for Tailgate Park Project. Twenty-one parcels with 12 ownerships and 11 tenant Project completed August 2003. May 18, 2004 0 2004 Un,vernal Field Services, Inc Page 11 of 25 Proposal to tire City of Lynwood Project Management Ser~ices for tke Replacement of Jokn D. Ham Park CLIENT: COUNTY OF SAN DIEGO, REAL ESTATE SERVICES DIVISION CONTACT: SERVICES PROVIDED: SIZ~ OF PROJECT: PROJECT STATUS: Mike Flana~an, Project Manager 5555 Overland Avenue - Bldg. 2, Suite 2900, San Diego, CA 92123 (858) 495-5812 Acquisition services. One full acquisition and 3 pm'rial acquisitions for a street widening project. Project is in progress, negotiations to be completed by March 1, 2004 May 18, 2004 0 2004 Universal Field Services, Inc. Page 12 of 25 Proposal to ~be City of Lynwood Project Management Services for the Replacement of John D. Ham Park Scope of Services PROJECT UNDERSTANDING This scope of services is provided to the City of Lynwood (''the City") in reference to their request for consulting services to assist the City in project manaEement for the replacement of John D. Ham Park. The park is currently located at 11555 Wright Road in Lynwood. The Lynwood Unified School District and the City of Lynwood have agreed that it is in the best interests of the Di.~Ulct to acquire Ham Park in order to construct a new High School on an accelerated time frame. The City has agreed to purchase a replacement site for the new Ham Park. This site consists of approximately 10 acres and will require the purchase of 41 parcels and the displacement of nine businesses, fOUl' hotel-~tmotels, four billboards, one church and 26 residential properties. The relocation of residents will affect a mininlum of 43 residential occupants and more than 16 businesses, including the church. The area is multi ethnic and multi cultural. Universal has staff that is bilingual and has extensive experience with similar project impacts. New Ham Park will be located on the west side of Atlantic Avenue adjacent to the south side of the 105 Century freeway. Universal offers to the City the demonstr~_ted ability to provide services that will achieve positive results from the acquisition and relocation impacts. All services would be performed in full conformance with Federal and State laws, end the Uniform Relocation Assistance and Real Property Acquisition Policies ACt. PROJECT APPROACH Universal has found a critical p~rt of the success of any project is the early identification of issues that affect the ability to develop and implement a successful acquisition program. Universal will participate in the Community Workshops to explain acquisition procedures to the community at large. We will meet with the City and Real Estate personnel to thotou~ohly review any additional infot n~t/on and scheduling issues. These initial review sessions are an important step in ensuring all project activities are fully reviewed so that the acquisitions are successful. Since this project is in an area that is largely Hispanic Universal will assign bi-lingual agents, as necessary, to acquire the properties on the project. We understand the sensitivity of the Project to the persons affected end we will make every effort to minimize the political aspects of acquiring land under eminent domain. We will use a public relations fa,,, as part of our team to help the City and us with the concerns and requests of the neighborhood. Additionally, we will set up workshops with the City officials to help them better understand the process of acquiring land under eminent domain laws. PROJECT INITIATION At this initial meeting, the City will provide Universal parcel data, owner information and any pertinent information such as; bilingual contact or phone number preference for each parcel May 18, 2004 02004 Universal Fmld Services, Inc. Page 13 of 25 Proposal to the City of Lynwood Project Management Services for the Replacement of John D. Ham Park eligible to be acquired. An initial meeting to explain, in depth, the acquisition process to the property owner is the first step. This is followed by the requests for a preliminary title report, legal description and an appraisal, all steps which our staffis familiar with because of our current involvement in the Program. A critical first step with the Project will be to meet with the City personnel to thoroughly review the project plans and project scheduling information for each proposed project. Universal constantly monitors changes and clarifications in Federal and State laws and regulations that impact land acquisition and relocation assistance. As a part of our project initiation activities, Universal will review the City's present policies and procedures and indicate any updates that may be necessary for complianoe with Federal reip,l~to~t changes and any changes in State law. A ~eview of these changes will be conducted with the City staffin order to familiarize them with revisions and any possible impacts they may have on project scheduling and/or budget impacts. On similar projects Universal has revised and updated acquisition and relocation brochures for the acquiring agency. We would propose to do this or prepare new ones if needed. These initial review sessions are critical to ensure all project activities are fully reviewed and all construction dates for the project are met. Project milestones and reporting requirements are agrccd upon with the City at this time. PRELIMINARY PROJECT A CTMTIES Some of the first steps of the project include: Project Initiation Meetings · Meet with the City and others, as appropriate, to review project sc. ope, scheduling and other issues specific to the project City Officials Workshops · Set up a workshop with the City to brief council members and persons involved on the aspects of acquiring property under eminent domain laws. These workshops are to be held quarterly during the project timefi~ne. Land Aco_uisition Procedures and Forms · Review land acquisition procedures needed for the project. · Prepare forms to be utilized for the required services · Prepare Acquisition brochures summarizing the land acquisition process. The brochure is to be given to residential occupants affected by the project. Relocation Procedures and Forms · Review relocation procedures needed for the project May 18, 2004 ~ 2004 Universal Field Services, Inc. Page 14 of 25 v,.rtwrv~t~L Proposal ~o the City of Lynwood nm~ ~ m Project Management Services for the Replacement of John D. Ham Park Prepare forms to be utilized for the required services Prepare Relocation brochures summarizing the relocation assistance process. The brochure is W be given to residential and business occupants affected by the project COMMUNITY MEETINGS - Universal Field Services and Cerrell Associates To those affected by a project, the tmcertalnty of wkat lies akead is often the most frmtrating part of the process, We have found that community workshops provide aa excellent mechanism for disseminating accurate project information to a large number of people. They afford the public an opportunity to view the project maps and to ask questions about the land acquisition and relocation assistance proc~s. Universal and its subconsuitant Cerrell Associ~_tcs have considerable experience in conducting these types of meetings. Careful attention is paid to making sure each property owner and potential displecee is notified of the meeting. PREPARATION OF ENVIRONMENTAL DOCUMENTS/INVESTIGATIONS- Converse Consaltants and David Evans & Associates The Universal Team offers an integrated multi-disciplinary approach to perforating successful environmental studies and documentation. These studies will meet the requirements of the California Environmental Quality Act, and other laws as appropriate. The Universal Environmental Team understands that the scheduie for real property acquisition and environmental assessments is fast track and critical for success of any project. Accordingly, the goals of the environmental program are to: · Identify contamination; · Minimize short and long t~am environmental liabilities and cost to the City · Meet State environmental requirements (CEQA) · Provide seamless coordination with the Acquisition and Appraisal Team members to facilitate propert~ transfers and develop cost estimA*~ for cleanup for use in property negotiations; and · Develop the gn/,l,,nce, technical specification, and creative solutions to address environmental contamination prior to consmaction as required by the City. We reco?ize the implications of environmental issues, including the short and long term liability, potential consizoction schedule impacts, and cost impacts resulting from uncompensated remediation costs, over-valued property, and construction delays. We have helped our clients develop partnering relationships with agencies to expedite design and construction, develop creative solutions to environmental challenges, assist in property valuation and negotiation, expedite thc conshaction, and minimize costs. Some of the tools the Universal Environmental Team brings to the project to assist the City in mana~ng and minimizing short and long t~m~ environmental liability include: · Experience negotiating Prospective Purch~*r Agreements; May 18, 2004 ~ 2004 Universal Field Services, Inc Page 15 of 25 Proposal to the City of Lynwood Project Management Services for the Replacement of John D. Ham Park · Experience developing environmental remediation costs and estimating dollar values for environmental liabilities; and · Experience developing presumptive remedies with regulatory agencies for specific projects. When the Universal Environmental Team receives a list of properties to be acquired f~om the City, or their representative, we will provide an environmental evaluation of each property, based on the anticipated use of the property to be acquired and requirements of the title holder, and recommend the appropriate level of investigation for each property within ten (10) days. This work plan will be organized by geographic area and acquisition priority, if known, using a standardiTed format. Where possible, properties that are proximal will be grouped into a single study to accelerate schedule and reduce costs. As requested by the City within forty-five (45) days or less, the Universal Environmental Team will complete the asses~ments for properties designated for acquisition that require Phase I Environmental Site Assessment (ESA) that are consistent with ASTM guidelines and FTA requirements. Existing report templates will be used, or improved upon where efficiencies can be achieved, that meet the City's n,zc~ls, to maintain consistency and q-ality for the project. Similarly, for Phase II Investigations required, standardized scope of work, cost estimate, and schedule formats will be prepared for the City within ten (10) days or less of request. Following approval, the Universal Team will prepare sta~d~rdiTed focused investigations plans that are specific to the parcel or parcels. Standardized procedures that are applicable to all Phase II investigations will be used by the Team, including programmatic Sampling and Analysis Plans, Q~mlity Assurance Project Plans, and Health and Safety Plans. Phase I Environmental Site Assessments/Transaction Sereeaiag Evaluations. The Universal Environmental Team brings a wealth of experience and diversity to the project. Team members have demonstrated project experience in conducting ESAs for major transit, rail, highway, and other mmsportation and public works projects. The Team will adhere to ASTM guidance for conducting ESAs as discussed above. Recognized environmental conditions identified will be evaluated for impacts and liability with respect to type of acquisition and use of parcels to minimize and focus Phase H investigations. Phaae H Site Investigations. Phase H investigations will be focused on information needs to help successfully acquire property, help establish environmental liability, and establish areas of contamination that could impact con~truction of the Park. For example, at a site where groundwater contamination is present due to contamination clearly sourced from an up-gradient, off-site parcel, groundwater may not be sampled m establish liability if it is clear that the Model Toxics Control Act "Plume Clause" applies, but would be sampled if it is expected that construction activities for the project could encounter groundwater or disturb groundwater flow. The Universal Environmental Team will provide the City with a focused, standardized plan of investigation, cost estiro,-% and schedule for each Phase II investigation. This focused plan will identify needs, samplin~o rationale, environmental media to be sampled (e.g. soil, groundwater, May 18, 2004 ~ 2004 Universal Field Services, Inc. Page 16 of 25 crNmm ~. Proposal to the ¢~0' of Lynwood ~ ~ ~o. Project Management Services for tke Replacement of $okn D. Ham Park and sample locations). This focused FSP is typically brief, with data needs and sample rationale summarized in t~abular form. The Team has programmatic Sompling and Analysis Plans (SAPs), Quality Assurance Project Plans (QAPPs), and Health and Safety Plan CrISPs) available developed for similar infrasmmO.~-e projects that can be updated if needed to meet project needs. These plans are used as supporting documents in order to minimize the work and cost associated with developing site-specific plans. They address sampling techniques, analytical quality assurance and control, and health and safety issues that are common to most Phase II studies. Site-specific addenda will be provided to the HSP, and the other documents, if needed, following authoriTmlon to conduct the work. Coordination will be provided to combine pore, el investigation to a single investigation where possible to improve efficiency and minimize costs. Remediation Plans and Teehnleal Sl~dfieations. The Team will provide as required by the City, Remediation plans, and technical specifications and bid documents for cleanup of properties, asbestos or lead-based paint abatement, removal of baTArdous substances, or demolition of structures. The Team brings specific experience pv~nuing remediafion plans and technical specifications for similar projects. Mitigation Metsure Development. Where environmental impacts are identified, the Universal Environmental Team will develop mitigation measures as required by the City. These may include remediafion plans, storm water management, worker health and safety plans, management of utility corridors, and others as appropriate for the impacts. UST Removal. Underground storage tanks identified may be required to be removed along the alignment prior to con~i~uction to ensure a release of hAT,,rdous substances has not occurred or will not occur in the future and to meet fire code requirements for fixed guideway transit systems. The Universal Environmental Team will provide the City with cost estimates and schedules for removal USTs and remediation of possible contaminated media for leaking USTs for approval and authorization of the work. APPRAISAL AND APPRAISAL REVIEW- Dom~ue & Co. mul La,,rain & Assoc. Ammfisal All appraisals will fully meet accepted professional appraisal stan,~-~ls. The appraisals will confom~ to the Offlee of Real Estate Appraisers of the S*-~r of California and the Uniform Stan,tmxts of Professional Practice. · Complete an appraisal of each property in accordance with Federal and State policy. Each property owner shall be contacted and offered the opportunity to accompany the appraiser during the in.npection of the property. An appraisal report shall be prepared for each parcel and shall include, at the minimum, the following info,mation: ,/ The purpose and function of the appraisal, including limiting factors and conditions. May 18, 2004 02004 Umversal Field Services, Inc. Page 17 of 25 Proposal to the City of Lynwood Project Management Services for the Replacement of John D. Ham Park Description of the physical characteristics of the property being acquired in addition to the highest and best use of property. A discussion of all relevant and reliable approaches to value. A description of comparable sales relied on in the detem~inafion of value. A statement of the value of the property fights to be acquired, including damages to the remainder. A signed certification of the appraiser, and the effective ant,~ of the valuation. SPECIAL TY APPRAISALS - Richard Hodges, MAI of Desmontl, Marctlio and Amster Fixtures & E0ui~mnent Appraisal - Trade fixtures, furniture, equipment, machinery and other items installed for use on a property will be appraised if tbey are "improvements pertaining to the malty" as defined in Section 1263.205 CCP. These impwvements include items that "...cannot be removed without a substantial economic loss or without substantial ,~-qmge to the property on which it is in,tailed, regardless of the method of in.~allation." The appraiser will compare the value in place against the value if removed and sold. This requires a comparison of the items depreciated value in place and its salvage value to establish that it cannot be removed "without subsumtial economic loss." The nature and extent of the dam-~c, if any, will be explained. Goodwill Am~rai~al - The loss of business goodwill, which is compensable under California law, must be estimated. A relocation payment for loss of personal property may cover the amount of the actual loss in the fair market value of property for which you receive no other reimbursement. Universal and DM&A are cognizant of the potential for double cooperation in this area and will closely monitor the potential overlap of benefits. APPRAISAL REVIEW - Richard Hodges, MAI of Desmond, Marcello and/lmster Complete an appraisal review for each acquisition in accordance with Federal and/or State policy. The appraisal review shall include a check of all mathematical calculations and a detez'mination that all relevant and appropriate appra/sal methodologies have been employed. The reviewed appraisal shall be forwarded to the City for the purpose of establishing the amount of just compensation in accordance with Federal and State laws. The amount of just compensation shall not be less than the approved appraisal. TITLE AND ESCROW SERVICES- Stewart Title The Project Manager will insure that all closings are accomplished in a timely manner through continued coordination with the title company handling the escrows. Universal will work closing with the chosen title companies to make sure that good title is obtained. These services include: · Reviewing updated title · Open escrow, deposit funds and documents, prepare escrow instructions, and monitor closing of escrows. · Assist Title Company in obtaining releases of liens, mortgages and encumbrances of record. May 18, 2004 02004 Universal Field Services, Inc. Page 18 of 25 uzq A v r~Rs& L Proposal to faf City of Lynwood ~ ~ ~ Project Management Services for tbe Replacement of JoAn D. Ham Para · Prepare warrant requests to the City with proper supporting documentation including recommended resolution of title issues. · Verify and coordinate the clearing or prorating of taxes and assessments. · Assess ail properties for hs7~rdous materiais prior to closing. · Coordinate closings and attend to ail meetings. · Review the fmai title policy to make sure that it reflects only those title exceptions that the City had agr~l to accept. · Submit a completed property acquisition report for each property, incloding Iransfer of all pertinent correspondence and files to the City. ACQUISITION PROCESS Acquisition services include ail contacts with the property owner for the purpose of negotiating for the purchase of the real property interest. Services to be provided include: · Prepare the offer letter and other related documents based upon the review appraiser's accepted fair market vaiue. · Prepare purchase agreement and conveyance documents. · Meet with property owners to discuss the project in general, review right-of-way maps and legai descriptions confirm information about occupants/owners and make the officiai first written offer. · Explain the offer; maintain follow up contacts and to secure the necessary documentation upon acceptance of the offer for closing. · Respond to property owner inquiries verbally and in writing. · Maintain con*,*~ reports for each parcel with ail pertinent infomullion and coot_gets concerning the parcel. · Maintain parcel files oforj~nal documentation related to the purchase of the real property. · Provide recommendation and supporting documentation for consideration during the administrative review process. · Continue personal negotiations with property owner until agreement is reached with the owner, or impasse is reached. Negotiations shall consist of a minimum of three personal ¢ontagts. · Signed purchase agreements shall be tran.nrrdtt__~yl_ to the City promptly for acceptance and processing. CONDEMNATION SUPPORT When impasse is reached and condemnation is being pursued, Consultant shall provide the City or its legal counsel with a complete parcel file including the appraisal, negotiation records and ail other correspondence for each condemnation parcel. Services provided to the condemnation attorneys include: · Appearing as an expert wimess in eminent domain proceedings as directed by the City and the assigned legai counsel. May 18, 2004 ~ 2004 Universal Field Sewices, Inc. Page 19 of 25 Proposal to t&e Ci~ of Lynwood Project Management Services for the Replacement of John D. Ham Park · Delivery of the complete parcel file, including the title report, legal description, appraisal, negotiation records and all correspondence. · Assist the attorney with locating property owners and other interest holders. Following impasse, any court ~on or testimony work performed by the Consultant shall be authorized by the City as extra work and paid for at the Consultant's hourly rates. PREPARATION OF A RELOCATION PLAN Universal has found a critical part of the success of any project is the early identification of the issues thRt affect the ability to develop and implement a successful acquisition and relocation assistance program. We conduct initial interviews with the Eligible Parties as soon as possible. Early contact with the parties provides us with an excellent opportuni~ to understand the relocation issues that will be encountered as well as the opportunity to provide each with info~wation relevant to his/her specific needs. During the initial interview, Universal provides all eligible parties with the address and telephone number of our local project office in Huntington Beach. Our office is open and staffed during no, mai business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, with extended hours during the week and on weekends, as the project demands. During those hours when the office is closed, a telephone message recording system is used which enables ns to r~urn calls as quickly as possible. Our office is fully equipped with computers, printers, facsimile machine, copier and modem so that all project activities are conducted on site. E-muil messages and communication is utilized to transmit and receive data immedi~_tely. Our Relocation Specialists have cell phones and can respond to questions quickly. The Relocation Plan is developed once the initial interviews are conducted and research of the market is performed. The Relocation Plan is an excellent tool to provide an overview of the specific needs and requirements of the project and each individual eligible party. The Relocation Plan, however, is a dynamic document, and therefore we continue to meet with the eligible parties as their needs may change over a period of time. New infom,ation may occur which enables us to advise the eligible parties correctly. Sometimes it is a simple question such as wanting to know when reimbursement will be received at~r completing the move or advising the eligible parties about other federal, state and loc. al programs that are available for their assistance. Weekly contacts will help establish a trust between the eligible parties and us. One item that is continually overlooked in relocation projects, whether small or large, is the advisory assistance area. The disruption to any business resulting from a relocation project is difficult. We are responsible for not only informing the eligible party of the relocation services available and making them understand what they are eligible for under the Act, but to ensure that we continue to work with them offering the advisory services to which they are entitled. Too many times we find ourselves just wanting to move the parties quickly and are not willing to take the time to research and provide all relevant infoimation to the eligible party. The ultimate goal is to move the eligible party as quickly and as painlessly as we can within the rules of the Act; May 18, 2004 ~ 2004 Universal Field Services, Inc Page 20 of 25 v~zqxvw.~v. Proposal to the Ci(~ of Lynwood ~-. ~ ~n~ Project Management Services for tke Reldacement of Jokn D. Ham Park however, it is our responsibility to continually advise them of their full entitlemems and the means in which to be reimbursed for those enfifle~-ents. RELOCA TION ASSISTANCE SER VICES RESIDENTIAL DISPLACEMENTS Initial A~3ivities · Locate comparable replacement dwellings for sale or rent which meet the needs of the displacee. For those occupants who are presently occupying homing that is not considered to be decent, safe and sanitary (due to its present condition or not enough bedrooms for the occupants), housing must be located which addresses these issues. · Update information gathered during the relocation plan phase. · Verify income and rent (including utilities) of tenant occupants. This information is importmt in order to provide the financial means to the tenants to occupy replacemen~ housing with a base rent (including utilities) that is within 30°4 of their gwss income. · Prepare an analysis of real estate sales of the comparable replacement properties to deh:imine if any sdju~tment is required between the asking and the actual sales price. Comoutation of Entitlements · To the extent possible, at least three comparables will be used in the computation of the entitlement. The most comparable replacement dwelling will be used for the acVml payment computation. · For owner occupants, the fair market value established by the review appraiser is subtracted from the adjusted asking price of the dwelling selected as the most comparable. The difference is the maximum amount of the replacement homing entitlement · For tenants, the present amount of rent (including utilities) is subtracted from the rental rate of the dwelling selected as the most comparable. The difference is multiplied by 42 (months), which equals the maximum amount of the replacement housino., entitlement. · In the event the displacee requires special homing arrangements to accommodate a physically impaired occupant, the costs associa!_~_ with providin~ the requ/r~l accommodations will be added to the base ~lacement housing payment entitlement. Explanation of Relocation Offer · Each displacee will be pwvided with a written notice regarding the maximum amount of their computed entitlement. The notice will set forth the location of the comparable used to compute the payment. · Explain to displacees whose entitlements exceed $22,500 (for owner occupants) and $5,250 (for tenants) ~ Federal Regulations requLm the ~ct-~! payment to be disbursed in a rammer consistent with the "last resort housing" provisions of the Regulations. For tenant occupants these may require installment payments of the actual replacement housing payment over the 42-month period. May 18, 2004 02004 Univemal Field Services, Inc. Page 21 of 25 Proposal to the City of £ynwood Project Management Services for the Replacement of John D. Ham Park · Explain to tenants that they have the option of using their replacement housing payment as a down payment toward the purchase of a ~*placement dwelling. · Explain to the displacee what must be done in order to receive their maximum replacement housing entitlement and the time period they have in which to apply for the payment. · For owner occupants, explain their eligibility for payment of increased mortgage costs and closing costs they may incur in the purchase of a replacement dwelling. · Determine the most appropriate method of compensation for the relocation of personal property. The two options available for residential occupants involve either the schedule method or the actual cost method. Adviso~ Assistance Services · Each displacee is advised that they will not be required to relocate f~r a period of at least 90 days from the date of their notification. Each tenant displacec will be advised to continue to pay their rent to their present landlord and to remain in lawful occupancy. After the property has been acquired, each displacee will be provided with a notice that sets forth the actual date they will be required to vacate. · Provide listings of comparable replacement property for sale and for rent. Listings will include the name of the Realtor or landlord who has the available property. · Work with realtors and lenders to explain the relocation assistance program and how each displacee's entitlements will be paid. · Provide transportation and assistance in getting to properties that are for sale or for rent to those displacees who have no means of transportation. · Peffom~ decent, safe and sanitary inspections of properties listed as comparable replacement alternatives and housing selected by the displacees. Aoplication for Entitlements · Verify the dwelling being occupied (either purchased or rented) meets local housing codes and ordinances and the minimum decent, safe and sanitary re~d~tious set forth in the Federal or State Regulations. · Verify the amount of the supplemental housin~ payment is appropriate based on the purchase or rental pr/ce of the raplac~ment dwelling. · Prepare all necessary documents to obr~'m the appropriate relocation payment fxom City. · When replacement property is purchased, Universal's Land Acquisition Agent will be present at the closing to ensure the entitlement is properly applied toward the purchase price of a replacement dwelling. · Obtain moving cost estimates for residential movers that are to be accomplished on an actual cost basis. BUSINESS DISPLACEMENTS ~nitial Activifles. · Interview the owner of the business operation to det~.,,ine what special needs may be required to accommodate the business at the new location. May 18, 2004 0 2004 Universal Field Sew_'_,ce~__, Inc. Page 22 of 25 l~'oposal to the City of Lynwood Project Management Services for the Replacement of John D. Ham Park Compulation of Entitlements · Business displacees are entitled to a payment for the ac'wal costs associated with the relocation of their personal property. An inventory of all items to be moved is wade and reviewed against the appraisal report to verify that the items have not ~n compensated for as real property. · Determine eligibility and amount of payments for the reestablishment payment and loss of tangible personal property when appropriate. · For those businesses q:~Hifying, assist in obtaining the "in lieu of" entitlement. Explanation of Relocation Offer · Explain to the business owner the moving methods available based on the acO~AI costs incurred. · Explain eligibility for business reestablishment entitlements. · Explain documentation required to receive the "in lieu of" entitlement. Advisory Assistance S~-rvices · Assist the business in workin~ with local zoning requirements to obtain permits and licenses for relocation of their business. · Interview the owner of the business operation to determine what special needs may be required to accommodate the business at the new location. Avolication for Entitlements · Verify that all personal property has bccn removed from the acquired site prior to authori=ing the payment of the moving entitlement. PROPERTY MANAGEMENT- Univers~! Field Services If deemed appwpdate by the City Universal will enter into short term occupancy agreements Universal will provide recommendations as to when tiffs is done. In many instances it may be appropriate to establish a no re-rent policy so that properties can be cleared. It may also be necessary for the City to use pwtecfive rent where vacancies occur prior to acquisition of the property. This will eliminate the potential of additional relocation payments to re-renters. PROPERTY SECURITY- Reliable Bo~rd-~os As property becomes vacant in the project aw~ it may be necessary to establish a policy regarding rental situations to the owners and tenants of the properties. If properties become vacant during the acquisition phase of the project and before ownership is transfelred to the City, Universal will make recommeadations as to the feasibility of using May 18, 2004 ~2004 Un,vernal Field Services, Inc Page 23 of 25 Proposal to the City of Lynwood Project Management Services for tke Replacement of Jokn D. Ham Park protective rent to keep the properties vacant until such time as the City establishes their ownership. There also may be cases where it will be deemed appropriate for Universal to enter into a short- tei-,i~ occupancy agreement with the tenants if it is in the City's best interest. Also, in some in.~wlces it may be appropriate to establish a no re-rent policy so that properties can be cleared in the timefi'ame allowed. Universal will work closely with the City in developing and maintaining a consistent policy towards property management and also Universal will develop a database to better track the vacancies and property management issues in the project area. DEMOLITION- By a firm to be selected by the City in a p~lic bi__~4tqg process A/~ the City selects the demolition expert by the public bidding process, Univer*~l will administer and oversee the completion of all demolitions necessary. Universal will also insure that the demolitions are performed to the City's standnrds and in a timely manner PR OJE CT MANA GEMENT/O. U~4 L I TY ASSURANCE This is one of Universal's major strengths. We have extensive experience in managing projects of all sizes. Our list of references includes projects for several clients for whom Universal was the prime consultant. Universal's project m~gemcnt service will be available throughout the Project with full time project support to all phases of the program. Universal recognizes the importance of keeping the City informed of all progress made and will do so through thc use of weekly and monthly status reports. As demonstrated in our Proposal, Universal has the ability to provide the requested services to the City. A unique aspect that Universal offers to the City is the ability to deal with situations that occur on every project that cannot be foreseen at this time. Our commitment of a proven Project Manager and project staff is an important part of providing the City with the know-how to get the job done. On Monday of each week, we provide a narrative progress report identifying the previous week's status of the project. This report includes a smnmaty of all activities, the status of each porcel, a description of problems encountered and possible solutions, a comparison of actual versus scheduled progress, and a projected completion date based upon cunent progress. In addition to the status report, our Project Manager meets with the City, at its convenience, once a month to discuss the status of the relocation activities. May 18, 2004 ~ 2004 Universal Field Services, Inc Page 24 of 25 ir~ttv'r.~tsz, t, Proposal lo lke ¢~0~ of Lynwood n~o ~ ~ Project Management Services for tke Replacement of John D. Ham Park Hourly Fee Schedule & Revised Cost Proposal Fee Schedule Project Manager (Melton) Assistant Project Manager (M. Jackson) Title & Escrow (Stewart Title) Real Estate Appraisal (Hnwran; Laurain) Goodwill Appraisal (Hodges) F & E Appraisal (Hodges) Environmental (Nunez, Evans) Property Security (Cortez) Community Relations (Cerrcll) Acquisition/Relocation Specialists (L. Jackson, Rezn. McGinn, Mendoza) $85 ./hour $80./hour $50-150./hour $125-250./hour $100-250./hour $100-250./hour $75-154./hour $500-1000./unit $100-200./hour $75./hour Univeranl Field Servicea - Unit Coats Acquisition - Residential Acquisition - Business Acquisition - Vacant/Billboard Relocation - Residential (43 units) Relocation - Business (16 units inc. church) $2,500.-3,000. $3,000.-4,500. $2,500. $2,250.-2,750. $3,500.-4,000. Summary of Not to Exceed Cost/Fee Estimate: Real Estate Appraisal Goodwill Appraisal F & E Appraisal Appraisal Review Title Community Relations Land Acquisition Relocation Assistance Environmental Matte-up on Subcontractors (5%) Indirect Costs Total (Not to Exceed) $ 121,600.00 $ 75,000.00 $ 50,000.00 $ 20,500.00 $ 40,00O.00 $ 129,150.00 $ 25,000.00 $ 198,000.00 $ 190,000.00 $ 28,355.00 $ 18,000.00 S 89~,005.00 The services will be completed within 16 months of the Notice to Proceed from the Agency. May 18, 2004 ~2004 Universal Field Sewices, Inc Page 25 of 25 SPECIAL PROVISIONS The Consultant shall be required to submit to the City on a monthly basis a brief report covering, among others, the following topics: 1. Any new developments, events, changes in circumstances, or other happenings that will cause a significant change in the Consultant's ability to perform under the t~..s of the Agreement as currently written. 2. Any new developments, events, changes in circumstances, or other happenings that will cause a significant change in the amounts of money or other financial obligations that the City has agreed to pay under the terms of the Agreement as currently written. 3. Any new developments, events, changes in circumstances, thr~ats of litigation, claims of damage, injury or other harm that that may result in litigation against the City or other exposure of the City to legal process. EXHIBIT A Page 28 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Statue as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless fTom any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agrccment any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 3. Indemnification. Consultant is skilled in the professional calling necessary to perfo~Tn the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrccc to indemnify and hold harmless City by executing City's standard fa,, entitled "Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution" concurrently with the execution of this Agreement which instrument is incorporated into this Agreement by this reference. 4. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined Exhibit B 1 single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(les) as to comprehensive general liability, property damage, and worker's compensation coverages. (1) 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. Consultant agrees that it will not cancel, reduce or otherwise modify said Insurance coverage. (2) Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. (3) Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Addilional Insured Endorsement". 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other informatk)n developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without wrfften authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other w~ilien matedal developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Consultant. 7. Conflict of Interest. Exhibit B 2 A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations mede by Consultant. Consultant's covenant under this section shall survive the te,,,ination of this Agreement. 8. Termination. City may terminate this Agrccment with or without cause upon fifteen (15) days' written notice to consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered pdor to the effective date of termination. Immediately upon receiving written notice of tsm,ination, Consultant shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the se~icas required under this Agreement will be performed by consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the dght to determine the assignment of its own employees to the perfo.,;ance of consultant's services under this Agreement, but City reserves the dght, for good cause, to require consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entedng into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financ~lly 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 Agrccment, and each year thereafter throughout the term of this Agreement, consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that consultant is in at least as sound a financial position as was the case pdor to entering into this Agreement. Financial information submitted to the City Manager shall be returned to consultant after review and shall not be retained by City. 11. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or Exhibit B 3 sexual orientation, in the perfo,.ance 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. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to mca, color, creed, religion, sex, madtal status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any dghts, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant pdor to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 15. 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 Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such broach or default. 16. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agrcc. ment, the prevailing party in such action or procccding shall be entitled to recover its costs of suit, Exhibit including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agm.~mant, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 18. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 19. 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. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or whttan negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breech 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. Exhibit B 5 INDEMNIFICATION AND HOLD H.a~RMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: CONSULTING SERVICES AGREEMET FOR HAM PARK REPLACEMENT PROJECT Indemnitor(s): UNIVERSAL FIELD SERVICES, INC. Other than in the performance of professional services and to the fullest extent permitted by law, Indemnitor shall indemnify, defend and hold the City of Lynwood and its elected officials, officers, attomeys, agents, employees, volunteers, successors, and assigns (collectively "lndemnitees) harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action procccdings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), where the same adse out of, in whole or in pert, the performance of the above-referenced contract, agreement, license, or permit (the "Agreement") by Indemnitor (or any individual or entity that Indemnitor shall bear the legal liability thereof) and which result in bodily injury or property damage to any individual or entity, including the employees or officials of Indemnitor. In addition to the foregoing, Indemnitor shall indemnify and hold harmless Indemnitees from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney's fees and costs to the extent the same are caused by negligence of Indemnitor (or any individual or entity that Indemnitor shall bear the legal liability thereof) in the performance of professional services pursuant to the Agreement. This indemnity provision shall suave the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an enby of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities adsing out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabihfies, covenants and conditions under this instrument shall be joint and several. "lndemnitor' Universal Field Services, Inc., An Oklahoma Corporation By: Indemnity Rider 1 DATE: TO: FROM: BY: SUB2ECT: March 16, 2004 Honorable Mayor and Members of the City Council Lorry Hempe, City Manage '~ Grant Taylor, Special Assistan'~velopment Services Amnesty Program - Garage Convemions For ~;,,if to provide the City Coundl wiU~ an update and status of the Garage Conversion At the March 16, 2004 C~y Council meeting, staff presented a Garage Conversion Amnesty pilot program to the City Council. The program will allow c~zens the opportunity to convert unauthorized and illegal garage conversions back to garages at no charge. Building permit fees and penalty fees would be waived. The pilot program would total six (6) months from 3une 1, 2004 to November 31, 2004 and would consist of two (2) months advertising, two (2) months permit issuance/lnspecUons and two (2) months of inspections, monitoring and follow-up. The City Council directed ~L~ff to proceed and report back with a status at a later date. Garages converted to living structures create problems city-wide. Illegal conversions are not only a health and safety concern, they intensify the parldng deficient situaUon on residenUal streeL~ and strain infra~bucture to include water and sewer. The average fee for a building permit to de-convert a garage is usually $400.00 to 450.00 including penalty ~fcc~. Currently, when a code violation is present, the building permit fcc is doubled. Staff proposes to provide a 60 day fee waiver pedod that would result in the loss of approximately $I6,800 to $18,900. (42 permits based on previous ,ear ~i~Ustics) Staff recommends utilizing CDBG funds to replace the loss of revenue. AGENDA ITEM H \WORDHLE~LANNING~STAFF~mo ~-~.,~y ~r~genconversmns doc 1 ~'~==~ Staff has moved up the time h,,me for advertising up one month to .lune 1, 2004 and moved up the time frame for permit Issuance up two (2) months to July 1, 2004. The code enforcement and building division staff vacancies are filled and the Development Services Department is ready to implement the program. Advertising has already begun. Staff has prepared an article has been prepared for the Lynwood N Perspective Newsletter, a news release for the Lynwood Press (Wave) and Lynwood Journal, a flyer for the water bill, and handbills on residences door knobs. Staff intends to send notices to City Commissions, Committees, Block Wat~, Senior Citizens, Service Clubs, etc. In addrdon, the a~cle could be placed on the C~y website. The intent of the program is to address garage conversions and not other violations. Staff has identified ground rules as follows: · Permits and inspections am for sixty (60) days from 3uly 1" through September 1, 2004. The amnesty program is for garage conversions only. The program does not include unauthorized room addrdons, patio covers, property maintenance, inoperable vehicles, etc. Current code enforcement cases where no compliance or prog _res__~ has been observed are not eligible. The City should encourage and reward crdzens who want to comply and not properties who want to use the program as a way out. Absentee landlords who utilize garages for rental property are not eligible. The program is designed for owner occupied residences. Applicants must obtain inspections and final approval from the Building & Safety Division. RECOMMENDATION Staff recommends that the City Council accept the report from ~t~ff, provide que~ons and direclJon, and receive and file. Attachments: Newpaper Artide Ryer H \WORDFILE~LANNING',~rA~'R. FT~eme ana~-~7 garageacoeve~ doc ~ DATE: May 18, 2004 TO: Delanla Whitaker, Administ~tive Assi~i~nt FROH: Grant Taylor, Special Assistant/Development Services SUBJECT: ArUde for Lynwood N Perspective Amnesty Program - Garage Conversions Please indude the following artide in the next two (2) issues of Lynwoed N Perspective. I wi{{ also be running th{s artide in the Lynwood Press (Wave) Newspapem and malting the ar'dale in C{ty Water biffs. Thanks for your he{p. CITY OF LYNWOOD GARAGE CONVERSZON AMNESTY PROGRAM Dear Citizens, You now have the opportunity to convert unauthorized garage conversions back to garages and have all building permit and penalty fees waived. Obtain required permits and Inspection. at no costll Garages that have been converted to living ~i, uctures have been a problem in the City of Lynwood for a number of years. Illegal garage conversions are not only a health and safety threat, they intensify the perking defldent situation on residential streets and over burden water and sewer systems. The Lynwood City Coundl has directed ~{Y to implement an ~amnesty program" that encourages citizens to obtain necessary permits, de-convert the garages back to garages, receive inspections and assist citizens with options to provide additional living area. Detached garage conversions cannot be converted into a legal residential ~bucture as detached garages cannot meet zoning or building code standards for habitable structures. Garages attached to a residence may be legalized into a mom addrdon provided they meet zoning and building code standards and replacement parking must be provided. Garage conversions are not only an immediate threat to the health, safety and welfare of citizens occupying such conversions but properties in the vicinity. City of Lynwood must address such life threatening and unauthorized occupancies. The cost of a penn,it to de-convert a garage averages $400.00 to $450.00 and if complianc~ is not obtained, the property is referred to the City Prosecutor for legal action. H ~WORDFILE~LANNING~STAF~mo ~ara~cconve~lon antcle doc Beginning July 1, 2004 and ending September :t, 2004 the City of Lynwood is offering citizens a sixty (60) day amnesty period to obtain building permits and inspections at no cost to convert garages back to their intended use. Following is a summary of the Garage Conversion Amnesty program provisions and requirements: 1) 2) 3) 4) Time Frame: Sixty (60) days to obtain a permit and inspeddons at no cost. 3uly 1, 2004 through September 1, 2004. The amnesty program is for garage conversions only. The amnesty program does not include unauthorized mom additions, patio covers, property maintenance, etc. Absentee landlords that utilize garages for rental property are not eligible. Property owners or licensed contractors may obtain a building permit at the City hall Annex Building 11330 Bullis Road, Lynwood California, 90262. Permit days and hours are Monday through Thursday, 7:00 a.m. to 10:00 a.m. and 3:00 p.m. to 6:00 p.m. Applicants must obtain an inspecUon and final approval from a Building Inspector. s) Please take advantage of the garage conversion amnesty program. City ~i~ff will help with options to replace lost IMng areas. Because unauthorized garage conversions are a health and safety threat, C'~y staff will have no choice but to implement enforcement measures on properties with garage conversions that do not take advantage of the amnesty program. Tf you have any questions or concerns, please call the Development Services Deparb~,ant at (310) 603-0220, Extension 289. H \WORDFILE",PLANNING~VrAFFRPT~a~mo ~nt~.econve~.~on_amcle doc 2 City of Lynwood Garage Conversion Amnesty Program Convert Unauthorized/Illegal Garage Conversions Back to Garages at NO CHARGE! All Building Permits and Penalty Fees Will Be Waived. Amnesty Program will be offered beginning July 1, 2004 thru September 1, 2004. Residents will be given sixty (60) days to obtain a permit and inspection at no cost. Amnesty Program does not include unauthorized room additions, patio covers, property maintenance, etc. The program is specifically for Garage Conversions ONLY. The conversion of garages threatens the health, safety and welfare of citizens utilizing these conversions and properties in the vicinity. Garage conversions also intensify parking problems on residential streets and put a burden on water and sewer systems. For more information, contact the City's Development Services Division at (310) 603-0220, extension 289. DATE: TO: FROM: BY: SUBJECT: June 1, 2004 and Members of th: City Council Honorable Mayor e~/~ Lorry Hempe, City Manag Grant Taylor, Special Assistaff6'Development Services Prohibition of Parking Overnight on Residential Streets For staff to provide the C'~y Council with a report regarding Prohibition of Parking Overnight on Residential Streets. The City of Lynwood experiences severe deficiency of street parking. The City consi~L~ of 4.9 square miles, has 72,000 citizens and has approximat~qy 15,000 residences. Parking is in short demand due to minimum off-street parking facilities, multiple vehicles per household and a large number of unauthorized garage conversions. Since 1991, the City Coundl has considered implementing an ordinance that would prohibit overnight parking on residential streets except by permit. The City of Cerritos has implemented such an ordinance that prohibits overnight parring from 3:00 a.m. to 5:00 a.m. except by semi annual permits or temporary permits. Attach~ for Council review and consideration is a memo from the fo,,~er City attorney and a draR ordinance. The large number of garage conversions contributes greaUy to the street parking deficiency, Staff is in the process of implementing a garage conversion amnesty program in an effort to encourage crdzens to convert unauthorized garage conversions back to garages thereby providing additional on-site parking, If the amnesty program is successful, additional street parking would become available, I AGENDA ri~M H \WORDFILE~PLANNING~STAFFRPT~men~ councd ovenughtpad~ 6-1-04 ~ The State Vehicle Code authorizes municipalities to restrict and/or regulate parking. Implementing a parking prohibition at this time is not recommended. Staff sugge~b, first implementing the gauge conversion amnesty program and also initiating a citywide parking and ~affic study. Such a parking study would be performed by a qualified baffic enginccr who would survey residential characteristics such as existing garages, number of residences, street wi~ ~, single verses multi-family residential properties, etc. In addition, the parking study would address applicable influences such as proximity of schools, St. Francis Hospital, parks and large commercial centers. Information provided from the implementation of the amnesty program and the results of the city-wide parking study would better info,~ the Coundl of viable options for a futura ordinance. The Council n~--~c'Js to be aware t~t implementing an ovemlght parking restriction would likely result in public opposition. Such a parking prohibition ordinance would require education, notice and public hearing. Currently, the City issues parking pef.~its for residential areas on Stockwell Avenue and Emestine Avenue. The parking pe,~it system involves two block areas, requires a petition of seventy-five percent (75%) approval of the residences, involves a ~',~ff survey of the project area, provides two (2) permits for each residence and the opportunity for additional perf~its for just cause. The parking permit program initially met with public opposition but has since been accepted. The Council should consider continuing with the parking permit program. Review of the a[',~ched draft ordinance raises several areas of concern. Following is a brief summary. Enforcement is a key issue. Should City Parking Control personnel, the Sheriff, or both enforce the ordinance? 2) Section 7-20.24 allows thirty (30) minute parking between 2:00 and 6:00 am. Permitting any parking between the prohibit~l hours may hamper enforcement efforts. 3) Subsection B addresses temporary parking permits. The Council may want to limit findings to approve a temporary pemiit. Issuance and enforcement would be hampered by excessive temporary permits. 4) Subsection F ~[ab~s appeals shall be forwarded to the Planning Commission. It may be mom appropriate to have bhe Traffic, Parking and Safety Commission review appeals. H \WORDRLE~LANNING~STAFFRpT~.,o councd ovena~ 6-I-O4 d~ 5) 6) The ordinance should include a "Definition" section. The ordinance should include provisions that properties with garage conversions or other v'~31ations are not eligible for permits until such violations are remedied. RECOMMENDATION Staff recommends that the City Council accept the report from ~ff, direct staff to initiato a parking and traffic study on residential streets, and receive and file. Attachments: Memo bom Shan Thever dated 5/5/01 Draft Lynwood Ordinance H \WORDFILE~PLANNING~TAFFRPT~mmo corned ovum,_ .~atrm~ 6=1-04 MEMORANDUM Date: July S, 2001 To: Hon. Paul H. Richards, Mayor Council Members From: Shah K. Thever, City Attorney / JM Subject: City's ability to prohibit ore .might parking except, by permit Question presented. You have asked whether the City of Lynwood could prohibit overnight parking on residential streets except by permit. Short answer. Lynwood seems to have this po~ver under Vetucle Code Section 25507.5, which allows cities to restrict, by ordinance, vehicle parking within their jurisdiction and then to grant exceptions from these restrictions as long as it first holds a noticed public hearing on its ordinance in accordance with the requirements in Government Code Sections 65090 et seq. Some cities, such as Ce, ltos~, have detailed overnight parking and permit ordinances that could be used as models. A model ordinance, consistent with Vehicle Code Section 25507.5 and based on Cerritos' ordinances and policies, is att~e, hed. Aoolicable State law: California Vehicle Code Sections 21 and 22507.5. State Legislature has broad power to regulate trave~ over public roads... The courts have declared that the right to operate motor vehicles - a potentially dangerous undertaking - in public places is not a natural and unrestrained fight, but rather a privilege subject to reasonable regulations enacted under the police power and in the interest of public safety. The legislative power to regulate travel over public roads is thus extensive, and may be exercised m any reasonable manner to conserve the safety of travelers and pedestrians2. ...as do local governments when acting with State Legislative aBthofization. The power of local governments to regulate automobiles and traffic is subordinate to that of the State. That is, no local government may enact or enforce any ordinance relating to these subjects unless they have been expressly authorized to do so by State law3. Current state !aw - Vehicle Code Section 22507.5 - allows City to 're$trict" vetIicle parking in its iurisdiction - and to grant exceptions fxom such restrictions. California Vehicle Code Section 22507.5, dealing with local regulations and preferential parking, states in pertinent part that: As a charter city, Cerl'itos ~ a fleer band than Ly~wood - a general law city - m draRmg mumclpal code provisions. For the reasons explained below, however, it seems that Lynwood could adopt aa overraght parkang regulauon and pernut scheme substanually s~rmlar to that used by Cemtos Watso~ x i~x ts~B QfMotor Vehicles. 212 C 279, 295 P 451 11931 ~ Cai Jut 3d Automobdes 5 Cal. Veh. Code Sec. 21; see also Peoole v PKS. Inc. 26 C.A.4°' 400, 31 Cai Rpn'.2d 543 (1994) (a) ...local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 The ordinance or resolution relating to parking between the hours of 2 a.m. and 6 a.m. may pre.vide for a system of permits for the purpose of exempting from the prohibition or restriction of the ordinance or resolution handicapped persons, residents, and guests of residents of residential areas, including, but not limited to, high- density and multiple-famil~ dwelling areas, lacking adequate offstreet parking facilities... ...(c) For the purpose of implementing this section, each local authority may, by ordinance, define the term "residential district" in accordance with its zoning ordinance. The ordinance shall not be effective unless the legislative body of the local authority holds a public hearing on the proposed ordinance prior to its adoption, with notice of the public hearing given in accordance with Section 65090 of the Government Code4. In other words, the City may use an ordinance or resolution to prohibit, or restrict by means of a permit system, parking of vehicles in a residential district (or elsewhere in the City), as long as the City first holds a noticed public hearing on its ordinance in accordance w~th the requirements in Government Code Sections 65090 et seq. 4 Sec 65090 reads, tn pertinent pan, as follows Nonce by pubhcnuon or posting (a) 1Amen a pwv~sion of this tide requires notice ora public hearing to be given pursuant to this section, notice shall be published pursuant to Section 6061 II.e, once] in at least one newspaper of general circulation within the jurischctlon of the local agency winch is conducting the proceeding at least 10 days prior to the besting, or if the~e is no such newspaper of general circulation, the notxce shall be posted a~ least I0 days pnor to the heanng tn at least three public places vnthm the jurisdiction of the local agency (b) The notice shall include the information specified tn Section 65094 Ii e., the date, tune, and place ora public hearing, the identity of the heanng body or officer, a general explannnon of the manet to be considered, and a general descnpnon, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing] (c) In addition to the notice required by this section, a local agency, may give nonce of the heanng in any other manner it deems necessary or desirable Cerritos' overnight parking ordinance and permit system. CMC Sec.10.02.040: No overnight parking except by permiL Section 10.02.040 of the Cerritos Municipal Code, adopted in 1969 and amended in 1970, provides that no person may park any vehicle on any highway, street, alley or public way or pubhc place between 3 AM and 5 AM on any day. It adds, however, that the City Council may adopt a procedure permitting the temporary ov ~emight parking of motor vehicles on highways, streets, alleys or public ways. Procedures for temporary and semia.~ual overnight parking Vet'mits. According to the City of Cerritos Website~, the overnight parking permits allow residents to park on Cen~tos streets from 3 a.m. to 5 a.m. Street parking without a permit is prohibited in Cerritos between 3 a.m. and 5 a.m. to help keep streets clear and to allow neighbors and Sheriff's deputies to quickly identify suspicious vehicles. The permits are issued by the City's Community Safety Division (562-916-1266). The D~vision issues both temporary and semi-annual parking permits. Temporary Parkin~ Permits are ~ssued to passenger vehicles for one day to two weeks at a time. These permits are issued when you have a visitor, if your home is under construction or remodeling or if the need arises due to an ~mergeney. Cerritos residents are allowed 30 t~mporary parking permits in a calendar year per household. Permits are not issued to commercial vehicles, recreational vehicles (excluding motor homes) or motorcycles. The Community Safety Division requires the year, make, model and license plate number of the vehicle to print a temporary parking permit. Residents can obtain a temporary parking permit by bringing in the required information to the Community Safety Office between 7 a.m. and midnight, Monday through Friday, and 7 p.m. and midnight on weekends. Temporary parking permits in excess of one day can be obtained by phone if the resident calls at least two days in advance, any day during the week, of the period requested. This will enable staff to mail the permit to the resident. Last minute one-day permits can also be obtained by phone from 12:01 a.m. to 2:50 a.m. by calling (562) 916-1266. Semi-Annual Parking Permits are available for those residences that have more passenger vehicles than their driveways and garages can fit. The qualifications for a semi-annual parking permit are as follows: One semi-annual parking permit can be issued ~hen a single-family home has four (4) registered vehicles, or a condominium or apartment has three (3) registered vehicles. Residences with a three-car garage must have at least five (5) registered vehicles to qualify for one semi-annual parlong permit. If a vehicle registration lists the owner as someone other than the principal owner of the ~ btlp://~ ww.¢~.c~mtos.ca.us/c~t~erv, t)ubhcsa fetvmarkm~,.html home, the address of the vehicle registration must be verified against the address on the individual's driver's license. The requirements for additional semi-annual parking permits are as follows. Households are eligible for multiple semi-annual parking permits. A second permit is granted when a single-family home has six (6) registered vehicles and five (5) licensed drivers. For a condominium or apartment, the requirement is four (4) registered vehicles and three (3) licensed drivers. Homes with a three-car garage must have seven (7) registered vehicles and six (6) licensed drivers to obtain a second semi-annual permit. Semi-annual parking pe,~fits can be awarded at any time dunng the year to those eligible, but expire on June 30 and December 31 of each year. Renewal is not automatic and permit holders must reapply for their issuance during the regular renewal period. Households must meet the eligibility requirement and submit appropriate documentation to the Community Safety Office. Documentation includes copies of vehicle registration and driver's license information. Vehicles must be registered at the Cerntos address (except for company vehicles). Also, driver's licenses will be checked to verify a vehicle's driver also resides at the Cerritos address. Registered vehicles must be parked at the residence on a regular basis. Please note that semi-annual parking permits are not issued to motor homes, recreational vehicles or any commercial vehicles. This would include, but not be limited to, vehicles with signs, logos, racks or ladders. General procedures for issuing permit~. In order to ensure equitable application of the or,night parking ordinances, the following general procedures have been established. First, all permitted vehicles must be parked in front of the resident's home. Second, Handicap placards or DP license plates do not preclude the requirement to obtain either a semiannual or temporary parking permit. Exceptions may be made on a case-by-case basis at the discretion of the Director of Community & Safety Services. Finally, false information on a parking permit application will result in immediate revocation of a parking permit. Ordinance No. AN ORDINANCE OF THE CITY OF LYNWOOD ADDING A NEW CHAPTER %20.24 TO THE LYNWOOD MUNICIPAL CODE AND RELATING TO RESTRICTION OF OVERNIGHT PARKING ON' RESIDENTIAL STREETS WHEREAS, the City of Lynwood ("City") is a general-law City located in the State of California; and WHEREAS, the courts have declared that the fight to operate motor vehicles - a potentially dangerous undertaking - in public places is not a natural and unrestrained fight, but rather a privilege subject to reasona§le regulations enacted under the pohce power and in the interest of public safety; and WHEREAS, the power of the State Legislature to regulate travel over public roads is thus extensive, and may be exercised in any reasonable manner to ~onserve the safety of travelers and pedestrians; and WHEREAS, the City, pursuant to Section 21 of the California Vehicle Code, may enact and enforce ordinances relating to automobiles and traffic when authorized to do so under State law; and WHEREAS, California Vehicle Code Section 22507.5(a) expressly authorizes the City to prohibit or re.-ulet, by ordinance or resolution, the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m.; and WHEREAS, under California Vehicle Code Section 22507.5(a), the ordmance or resolution relating to parking between the hours of 2 a.m. and 6 a.m. may provide for a system of p~.nits for the purpose of exempting from the prohibition or restriction of the ordinance or resolution handicapped persons, residents, and guests of residents of residential areas, including, but not limited to, high-density and multiple-family dwelling areas, lacking adequate offstreet parking facilities; and WHEREAS, Vehicle Code Section 22507.5(c ) requires that, for such an ordinance to be effective, the City Council hold a public hearing on the proposed ordinance prior to its adoption, with notice of the public hearing given in accordance with Section 65090 of the Government Code; and WHEREAS, such a noticed public hearing was held on ,2001; and WHEREAS, the City has an obligation to preserve the character and accessibility of ~ts residential streets by preventing parking problems, including those caused by vehicles which stay parked for lengthy or indefinite periods of time, from arising; NOW, THEREFORE, the City of Lynwood does ordain as follox~ s: Section 1. A new Section 7-20.24 is hereby added to the Lynwood Municipal Code, to read as follows: 7-20.24 Restrictions on Overnight Parking in Residential Areas. No person shall park any vehicle on any highway, street, alley or public way or public place located in an area zoned as R-l, R-2, R-3, or PRD for a period longer than thirty (30) minutes between the hours of 2:00 AM and 6:00 AM on any day. Notwithstanding the provisions hereof, the City Council may adopt a procedure to permit the temporary overnight parking of motor vehicles on highways, streets, alleys or public ways in this City on such terms and conditions and for such period of time as the City Council shall determine. Section 2. The City Council hereby adopts the following policy relating to overnight parking in residential areas: CITY OF LYNWOOD OVERNIGHT PARKING ADMINISTRATIVE POLICIES AND PROCEDURES A. Semiargnual parking Permits. The purpose of semiannual parking pe..its is to allow street parking between the hours of 2 AM and 6 AM when the number of vehicles registered at a residence exceeds the number of parking spaces available. 1. Semiannual parking permits are issued to passenger vehicles only. 2. One s~miannual parking pe.uit can be issued when a single-family home has four (4) registered vehicles, or a condominium or apartment has three (3) registered vehicles. Residences with a three (3) car garage must have at least five (5) registered vehicles to qualify for one semiannual parking permit. If a vehicle registration lists the owner as someone other than the principal owner of the home, the address of the vehicle registration must be verified against the address on the individual's driver's license. 3. Households are eligible for multiple semiannual parking permits. A second permit is granted when a single family home has six (6) registered vehicles and five (5) licensed drivers. For a condominium or apartment the requirement is four (4) registered vehicles and three (3) licensed drivers. Homes with a three (3) car garage must have seven (7) registered vehicles and six (6) licensed drivers to obtain a second semiannual pet'thit. 4. Motor homes, trailers, p~ckups with oversized campers, and commercial vehicles cannot be issued semiannual parking permits. 5. A commercial vehicle is any vehicle weighing 6000 lbs. or more, a vehicle with company loges, racks, ladders, semi or axle tracks, and government vehicles with loges. Contents ora truck or van can designate a vehicle as a commercial vehicle. Cones, ladders, paint supplies, machinery, etc. constitute a commercial vehicle. 6. A car pool van is considered to be a commercial vehicle if it d~splays a company logo and cannot be issued a semiannual parking permit. The car pool vehicle can be included in the count to qualify for a semiannual parking permit with the following stipulation: A letter on company letterhead stating the duration of time the resident will be in possession of the car pool van is reqmred. 7. Unmarked company or government vehicles cannot be issued overnight parking permits. Such vehicles can be considered when determining the number of vehicles registered at a residence. The vehicle's current registration and a letter on company letterhead must be on file and updated annually. 8. Semiannual parking permits can be issued under special cimumstances. These circumstances include ovessized, non-commercial vehicles (extended cap p~ckup trucks) that do not fit in a garage or driveway. Such vehicles must be inspected to verify the special circumstance. B. Temporary Parking Permits. The purpose of a temporary parking permit is to allow for street parking between the hours of 2 AM and 6AM when a circumstance, temporary in nature, exists. Generally, such pewtits are issued for a maximum of 30 days per household per year. Temporary parking permits are issued for a period of one (1) day to a maximum of two (2) weeks. Following is a list of circumstances that would allow for the issuing of temporary parking permits for more than the allowed 30 days per household per year. 1. A college student has retumed home'for the summer [issued in two (2) week intervals]. 2. The resident's home is under construction. 3. City construction is prohibiting the use of the driveway or garage. 4. T~mporary relocation of a family member due to illness, divorce, etc. 5. Garage being used temporarily for emergency storage due to a death in the family. 6. Students attending college. 7. Other short-terns temporary parking permits can be issued under the following circumstances. tc A damaged or temporarily inoperable vehicle is towed to the front of the home. (In this case, a temporary peru,it with a maximum of 72 hours can be issued.) b. Temporary parking permits are issued for trailers and motor homes two days prior to a resident leaving on vacation, and two days al~er his/her return. The trailer must be attached to a towing vehicle at all times. An out-of*town visitor using a motor home or trailer can be granted a temporary pc,mit that Is used for a period of one week, renewable at one-week intervals. c. Temporary parking permits are ~ssued to Ryder and U-Haul tracks and similar vehicles when residents are moving mtn or out of the C~ty. Th~s permit is good for only two days. C. Procedure for obtainin£ a Semiannual Parking Permit. Semiannual parking permits can be awarded at any time during the year to those eligible, but expire on June 30 and December 31 of each year. Renewal is not automatic and permit holders must reapply for their issuance during the regular renewal period. Households must meet the eligibility requirement and submit appropriate documentation to the Community Safety Office. Documentation includes copies of vehicle registration and driver's license information. Vehicles must be registered at the Lynwood address (except for company vehicles). Also, drivers' licenses will be checked to verify that. the vehicle's driver also resides at the Lynwood address. Registered vehicles must be parked at the residence on a regular basis. Renewals can be handled by mail. However, staff will periodically verify that infosmation submitted is current and spot checks will be conducted to ensure the efficient use of parking spaces. D. Procedure for obtaining a Temporary Parkin~ Permit. Residents can obtain a permit by bringing in the required information to the Lynwood Sheriffs Station between the hours of 7 A.M. to midnight, Monday through Friday, and 7 P.M. to midnight on weekends. Residents can contact the office by phone during work hours to obtain approval for a one- day permit. Temporary parking permits in excess of one day can be obtained by phone if thc resident calls at least two days in advance, any day during the week, of the period requested. This will enable staff to mail the permit to the resident. Last minute one-day permits can also be obtained telephonically fi.om 12:01 A.M. until 2:50 A.M. by calling thc Lynwood Sheriff's Station at (310) 537-6111. E. General Procedural Issues. In order to ensure equitable application of the overnight parking ordinances, the following general procedures have been established: 1. All permitted vehicles must be parked in front of the resident's home. 2. Handicap placards or DP license plates do not preclude the requirement to obtain either a semiannual or temporary parking pemdt. Exceptions may be made on a case-by-case basis at the discretion of the Planning Director. 3. False information on a parking permit apphcation will result in the immediate revocation of a parking permit. F. Anneals. Denial of a semiannual parking permit can be appealed by requesting that the matter be brought before the City Planning Department. A written appeal must be submitted to the Department within ten (10) days of receiving denial of the semiannual parking permit. Staffwill prepare a report and forward the appeal to the Planmng Commission for consideration. The Commission's decision shall be final unless appealed to the City Council, The Commission's decision may be appealed to the City Council in a written appeal, setting forth the grounds for appeal, and filed with the City Clerk within ten (10) days of the Commission's decision. PASSED, APPROVED and ADOPTED this ~ day of July, 2001. ATTEST: PAUL H. RICHARDS, ri, Mayor City of Lynwood ANDREA L. HOOPER. City Clerk City of Lynwood RALPH DAVIS, City Manager City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: SHANK. THEVER, City Attorney City of Lynwood STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing ordinance was passed and ~opted by the City Council of the City of Lyuwood at a regular meeting held on the day of July, 2001. AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this day of July, 2001. City Clerk 10 Date: June 1,2004 From: By: Honorable Mayor and Members of the/City Council / Lorry Hempe, City Manager~ I~X Amoldo Beltran, City Attomeyy~U Subject: Summaries of Towing Ordinances and Franchise Contracts PURPOSE: To provide the City Council with examples and summaries of the provisions of towing ordinances and towing franchise contracts used in other cities and to request direction as to the provisions the Council wishes to incorporate in the City's new towing ordinance and towing provider contracts. BACKGROUND: The City Council recently rescinded the City's Exclusive Tow Service Provider resolutions in order to explore alternative arrangements for the towing of vehicles in the City of Lynwood. To facilitate the preparation of a new ordinance, staff has compiled, reviewed and summarized towing ordinances/municipal codes and franchise contracts used in the cities of Baldwin Park, Vista, Gardena, South Gate, Huntington Park, San Jose and Colton. ANALYSIS: A review of towing franchise ordinances (Municipal Codes) and franchise contracts from various cities reveals at least five types or 'models." The various models are summarized below. As the ordinances, resolutions and contracts referred to in this report are voluminous, binders containing the numbered exhibits are available for review in the City Manager's office. Model 1: The Per-car fee Model Example: City of Baldwin Park Features: 1. Municipal Code (Exhibit 1) is highly detailed regarding all aspects of the franchise procedure a. Explains how franchises are to be granted, the rules and regulations to be followed by franchisees, tow truck requirements, etc. 2. Franchises ara granted by contracts a. After RFQ by Police Dept. i. And City Council approval after recommendation from Chief of Police AGENDA ITEM o b. Granted in December of 2002 to two (2) providers i. Royal Coaches Towing (Exhibit 2) ii. Budget Towing (Exhibit 3) The franchise agreements are not highly detailed, because they incorporate by reference all provisions of the Municipal Code a. Agreements (but not Code) states what franchisees are to pay The franchises are considered non-exclusive a. Utilizes a rotation system Short-term a. Code allows four year contracts i. Contracts recently entered into are for two (2) years each with automatic termination Franchise Fees a. Contractor pays $25.00 to City for each car towed i. Excluding those which are substantially stdpped or junked b. Remits amounts due "monthly"; no specific date for payment set c. Free towing of City Police vehicles within the City limits; all other City tows at 75% of rates normally charged d. Liquidated Damages i. Tow provider agrees to pay City $250.00 each time they fail to meet the average response time in any 30 calendar day pedod ii. Agrees to pay the City $100.00 each time they fail to meet the maximum response time for any single request for tow service by Police Dept. iii. Gets a headng pdor to imposition of these damages Towing Fees Charged a. Franchisees must charge fees based on average tow fees allowed by CliP tow providers in Baldwin Park Area Termination a. Contracts and Municipal Code provide a very detailed listing of grounds for terf~)ination i. When City determines a violation has occurred, the City will give the tow service provider wdtten notice be registered or certified mail 1. Clearly describing the violation and the time within it must be cured ii. If the service provider fails to cure, the City will temporarily suspend the franchise or give provider 14 days' notice of a headng to be held by the Chief of police iii. The hearing procedure is quite detailed and makes provision for appeal to the City's Chief Executive Officer Special Features a. Response Time i. Average response time for any thirty day period shall not exceed 25 minutes ii. Maximum response time for any single tow request shall not exceed 30 minutes 10. Model 2: Features: 1. o b. If the City has imposed an administrative impound fee, no mention of it is made in the municipal code or in the franchise contracts Note: The City of VIIt~ has a similar type of Agreement (Exhibit 4) a. At least with respect to basing the 'franchise fee" on a per-car payment i. But their Municipal Code does not mention a towing franchise, nor does their agreement refer to it as such b. Vista has one provider, but agreement is not considered an exclusive i. Rancho Del Oro Towing c. Vista grants to the towing contractor as "sole compensation for services provided under the agreement" the right to "keep and retain all profits realized from the lawful redemption, sale or disposition of all vehicles, parts or equipment removed..." i. For the rights to such profits, the contractor pays the City $40.00 per car towed or stored under the agreement. 1. Due by the 15~ of the following calendar month, whether Contractor makes a profit or not The Annual Flat Fee + Administrative (Impound) Fee Model Example: The City of Gardena Municipal Code (Exhibit 5) is not overly detailed, yet covers most of the bases regarding the grant of and rules governing the towing franchise a. 'No person shall perform towing services for the City of Gardena, unless such person has obtained a franchise from the City of Gardena" i. Council may award one or more franchises on terms and conditions as the Council may establish in its sole discretion. Franchise Granted by Contract in June of 2001 (Exhibit 6) a. Current provider is Jabi Enterprises (dba Hisham's towing) Exclusive a. Unless franchisee is unable to provide adequate tow service or storage b. Grants no rights regarding private tows Short-term a. Franchise Agreement is for one (1) year i. With options to extend to 2004 if performance satisfactory 1. Has already been extended ii. Further options available by mutual agreement Franchise Fees a. Annual Franchise Fee of $38,824.00, payable to City at $9,706.00 per quarter i. To cover the costs associated with administrative investigations, contract administration and handing of citizen inquires and appeals b. Monthly franchise fee of $107.00 (related to administrative fee) i. Due for each vehicle impounded or stored by City which is disposed of via lien sale during the previous calendar month if net proceeds to Contractor are at least $500.00 ii. Paid to City on or before 5~ of each month and to be accompanied by monthly reports iii. This provision appears to specify when the City's administrative fee is paid to City by the franchisee when same is not collected from the customer c. Administrative Fee i. Franchisee to collect from customer on behalf of City 1. Amount to be established by resolution of council; Gardena Police Dept. Website lists this fee as $107.00 ii. Not to be collected for stolen or improperly impounded vehicles iii. Paid to City by 5~ of each month, together with required reports d. Inspection Fee i. Due if City conduct an investigations of Franchisee vehicles and premises (based on actual cost not to exceed $984.00) e. Late Fees of 2% on all late payments Towing Fees Charged a. Towing i. $85.00 towing for passenger vehicles 1. Some special discounts apply (p. 13) ii. $150.00 for trucks I trailers iii. $225.00 for large trucks / trailers iv. Additional hourly charges of $30.00 for dolly, flatbed truck, airbags, tow charge converter gear Model 3: Features: 1. 2. b. Other i. ii. iii. iv. $30.00 for non-business hours release of vehicle $60.00 fiat fee for City heavy-duty tows Other city tows w/in 15 miles of City Hall Free (p. 15) Franchisee's to charge rates per terms of Veh. Code § 22851.12 for lien sales v. Franchisee can petition City for rate increases Storage i. $20.00 per day passenger car ii. $15.00 motorcycle iii. $25.00 truck or van iv. Other special prices depending on size and location The Flat-fee + Percentage of Gross Receipts + Impound Fee Model Example: City of South Gate Municipal Code (Exhibit 7) says nothing about the granting of a '~owing franchise," but merely discusses te,,,s of granting a business permit for towing Franchises granted by simultaneous Resolution (Exhibit 8) and Contracts a. After RFQ by Police Dept. b. Granted in December of 2002 to four (4) providers i. United Motor Club, Inc. (Exhibit 9) ii. Walt's Tow Service (Exhibit 10) iii. South Gate Towing (Exhibit 11) iv. Mr. C's Towing (Exhibit 12) o Model 4: Features: 1. 2. The franchise agreements are long and detailed, spelling out all the rules of payment, tow truck operations, requirements, towing fees to be charged and other rules and regulations The franchises are "exclusive" as to the four providem a. Utilizes a rotation system Long-term a. Ten (10) years, with two (2) five-year (5-year) renewals Franchise Fees a. $50,000.00 fee paid to City by Contractor upon execution of contract i. $25,000.00 paid for each renewal term b. Contractor pays 20% of its gross income to City by tenth (10~) of each month i. Gross Income represents income for all towing and storage services provided under the agreement of vehicles impounded pursuant to Veh. Code §14602.6 (vehicle impounded for driving without a license "30-day hold") c. 1.5% late fee d. Contractor pays City $45.00 for each tow that requires completion of a CliP fom~ 180 (impound tows) whether or not Contractor collects the $45.00 from the Customer i. This charge appears to be South Gate's 'administrative fee" as allowed by Veh. Code §22850.5 (currently $119.00 in Lynwood) Towing Fees Charged a. Reviewable by the City each year i. $90.00 towing fee ii. $25.00 per day storage fee iii. $45.00 per hour service fee (for winching, dollying, clean-up, etc.) iv. Free towing and roadside assistance to all City Vehicles Termination a. Upon 30 days' notice for failure to perform b. Immediately upon notice at election of non-filing party if other party files bankruptcy c. Immediately upon dissolution of either party d. Also for failure to comply with required regulations under the contract, applicable laws or those imposed by Chief of Police The Gross Receipts Model + Administrative (impound) fee Example: City of Colton Model The current Colton Municipal Code (Exhibit 13) gives moderate infocmation regarding the existence, terms and granting methods for towing franchises~ Franchise may be granted by adoption of resolution or ordinance a. After RFQ by Finance Dept. (and approved by Chief of Police) i. Recommendation then to City Council m Colton recendy introduced a new towing oram*.ce. See special note on page 6 ofth~, report. o b. Contracts which by reference incorporate provisions of the Municipal Code are also required i. 2002 Agenda Item and Resolution granting two Franchises are attached (Exhibit 14) 1. Interesting "point system" used to determine franchise award ii. Two (2) of the four (4) franchisees are 1. South State Towing Contract (Exhibit 15) 2. Exclusive Towing Contract (Exhibit 16) Franchises are non-exclusive a. The ter,~S of the contracts closely mirror those in the ordinance b. Utilizes a rotation system c. Number of Franchisees not to exceed four (4) Moderate a. No longer than six (6) years i. Current contracts are for two (2) years Franchise Fees a. Pay to City an amount equal ten (10%) of Franchisee's gross revenues attributable to towing and storage services provided in connection with an official request for towing from the Police Dept. i. Gross revenues do not include lien sale proceeds b. Compute franchise fees monthly and pay to City before twentieth (20~) of each month for the preceding month i. Include report signed under penalty of perjury ii. 10% late fee, based on unpaid amount and 10% interest on that amount, until paid c. Collect "City Release Charge" from each vehicle owner i. Remit to City Finance Dept. monthly no later than twentieth (20~) of each month with appropriate reports 1. Unclear from contracts what this amount is and whether it is the same as the administrative fee charged in Lynwood Towing Fees Charged a. Must not charge more than 115% of rates charged by CHP in San Bemardino/Riverside Area for towing, storage and related sen/ices Special Note: a. On May 18, 2004, Colton introduced a new towing ordinance i. See the Agenda Report and Ordinance (Exhibit 17) ii. The new ordinance is much abbreviated iii. Allows most specific terms to be detailed in the franchise contracts 1. Or in rules to be promulgated by the Chief of Police b. The Agenda report notes that main changes are: i. To provide for an administrative fee to be paid by the towing operator 1. To be set by resolution ii. To allow the City to have its own towing yard if it decides that is appropriate 1. Despite existence of franchises Additional Note: The City of San Jose2 has a similar gross receipts ordinance in place (Exhibit 18) a. Requires quarterly payment by franchisee to City equal to thirteen percent (13%) of its annual gross receipts i. Gross annual receipts defined as 'any and all compensation received in connection with police generated tows from towing, storage or dolly charges or fees.., paid by towee whose vehicle is towed pursuant to a police-generatod tow." b. Code makes no mention of Administrative fee imposition or collection i. This is not unusual as Cal. Veh. Code §22850.5 allows the fee to be set by 'regulation, resolution or ordinance" Model 5: Features: 1. 2. The Administrative Fee Only Model Example: City of Huntington Park Municipal Code (Exhibit 19) does not speak of franchises, but of granting permits Contract does not call the arrangement a franchise, but a. "An Agreement for Towing and Storage Service and Designation as an Official Police Garage for the City of Huntington Park" b. Most of the terms are in the contract as opposed to the Code i. The Code addresses what information should be on an application and the process of checking out the applications c. Agreement entered into in October of 1999 and has been amended three (3) times (Exhibit 20) i. Provider is Huntington Park Tow Service 3. Long-te,, a. Fifteen (15) years 4. Exclusive a. Yes, but City reserves right to designate other tow company or companies as back-up 5. "Franchise Fees" a. None made to City: "Tow Service shall make no payments for this contract and shall give no gifts to any of City's officers or employees." i. Appears that any administrative fees for impounds are collected by Police Dept., who in turn gives a release form to the owner of the vehicle (p. 4 of Agreement) ii. Huntington Park Police Dept. Web Site lists the following fees for impound release 1. $50.00 - Resident 2. $75.00 - Non-resident 3. $100.00- 30 day hold iii. Nothing appeared in City's Municipal Code re: administrative fees 6. Towing Fees a. $95.00 per regular vehicle tow b. $120.00 per heavy duty tow Charter C~ty c. $45.00 per labor for tow-related services d. $20.00 per day for vehicle storage e. No Charge if vehicle towed in error f. Emergency Roadside Assistance to City V(~hicles is free Features Common to nearly all agreements and ordinances included: 1. Franchisees or Providers required to keep detailed reports and log books and retain records (such as CHP form 180's) for at least three years 2. Arrangements overseen by Chief of Police or Designee 3. Extensive and detailed Insurance Requirements a. General Liability, Garage Keepers, Worker's Comp., etc. 4. Towing Services made available 7 days a week, 24 hours a day, 365 days a year 5. Response time of 15 minutes 6. Detailed storage facility requirements a. # Of cars lots can hold, how fenced, secured, maintained and where located 7. Detailed tow truck equipment requirements a. Number of trucks, weight, capacity, equipment b. Some put the requirements in their Codes (e.g. Baldwin Park); other put such requirements in their franchise contracts (e.g. South Gate and Gardena) 8. Acknowledgement by franchisee of independent contractor status 9. Indemnification by franchisees of the City 10. Acknowledgement by franchisee of Conflict of interest Prohibitions and agreement to comply with same a. "Non-collusion" provisions 11. City business license required 12. Non-discrimination clause 13. Operators / drivers must pass a police department background check a. And have all Veh. Code required licenses 14. Rights of City to inspect both the operation and books of franchisees 15. No assignment of franchises without City per~',ission RECOMMENDATION: Staff recommends that the City Council review this report and provide staff with direction as to the provisions it wishes to include in both the City's new towing ordinance and the contracts to be used for engaging towing providers under same. DATE: .lune 1, 2004 TO: FROM: BY: Honorable Mayor and Members of the City Council , / Lorry Hempe, City Manager~/ \A Grant Taylor, Special AssistantTeevelopment Services SUBJECT: Diacourage Graffiti through Planning & Zoning For the City Council to accept a report from ~L~lf regarding discouraging graffiti through zoning entitlement, conditions, climbing vine program and other measures. The City of Lynwood, like many cities in Los Angeles County experiences an ongoing problem with grai~U. Grafffd is vandalism that is unsightly, damages property and reduces property values. The City of Lynwood currently has nine (9) employee positions to address grai~[i wrdq an annual budget exceeding $500,000. In an attempt to discourage graffiti through planning and zoning, staff implements mandatory conditions of approval for all Conditional Use Per,~its, Site Plan Reviews and any other discretionary approval. Large areas of bare building walls and fences require in~iallation of dimbing vines. The cities of Cerritos and Paramount have such requirements. Ce,,iLus encourages "climbing fig" as the plant tends to attach to structures, grows evenly and is aesthetically attractive. The City of Paramount encourages ivy and other dimbing vines. Lynwood has utilized bougainvillea and cat claws. The Lynwood climbing vine program is required for all discretionary applications. Following are standard permit conditions of approval. The applicant shall inbL~ll climbing vines on bare building surfaces and solid fences. The applicant shall submit a detailed landscaping and irrigation plan that identifies the location, species, and size of such climbing vines. The plans shall be reviewed by the Development Services Department, Planning Division prior to the issuaJ of building pe, r. its. H \WORDFI LEaP L:~IN I NG~STAFFR PT~n~mo couactl g~liu6-1-04 doc qOlIGENDA n'EM The property owner and applicant shall dernon~bdte a proactive approach to the removal and elimination of graffiti. Graffiti shall be removed within twenty-four (24) hours. Such removal of gra~Li shall be consistent with the existing colors of affect~ -,buctures. Another graffiti problem is etching and/or staining of glass windows. Companies have developed a glass shield consisting of a polyester film that is like a plastic covering. The film covering comes in mils and is applied to the glass similar to automobile window tinting. The film is resistant to etching, scratching, acid and ~i~ins. The film can be peeled back and removed and a new film Ink, lied. In addition, when the glass is smashed it does not shatter but ~,~ys together like an automobile windshield. The cost varies from $2.95 to $4.95 per square foot. Staff could add a mandatory condition to require new structures that receive discretionary approval to in~i~ll such film on windows. Another glass graffiti removal technique is a product of "liquid glass." A sample was sent to the City of Lynwood. Unfortunately, when the liquid was applied it had the same appearance as white-out on paper. The result was ae~i~,etically unatb-active and s~ff sent t~ sample back. Another glass graffiti removal technique is "buffing." The buffing technique is costly and time consuming. [t takes approximately five (5) minutes to buff two square inches of glass. In addition, the buffing does not remove deep scratches and etching. RECOMMENDATION Staff recommends that the City Council accept the report from staff, provide questions and input, and receive and file. Attachments: Glass Shield Ryer Photographs of climbing vines H \WO R DFI L£~PLANN IN GLSTAFFRPT~memo couacd g~lfitt6- I-O4 ~oc ~ Mike VIIlanueva Nadlne VIIlanueva w~ AUII4ORI~n OEALER Tel: 1-877-965-4766 · Cell: 626-222-! 820 Corona, CA or? qf- YNWOOD 'llll' (19) ~ ~ N~pllmt. On Tuesday May I g. 2004 a drawing was held in tl~ Cotm~ Chambers at 10:00 a.m. following Firt, mxk C.c,,.ps qualified: 1. L~--- Vm & Tt 2. L.A. Couu~ Sllril~s Youth Founds/on 3. 5 L~ W~p ~ 6. ~~ L~ 10. L~ ~c C~ ....... ~i~ 13. M~~ 14 3. Uuiml p~,~ac~ of Lym~-:4 4 L~wood Spore Am:minion (swim ~ foUowing Fttu'wo~: ~ Sm~ I.D. Numl~r vms ~mixmd~t: ]. Youn~ People of L~nw~od Stuff r.'-~_ .,,.,,,.~e dm th~ City Cou~il of the City of Lyn _v,,.~__ Receive and file ~is report