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11-16-2004CC
This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. A person who has a question conceming any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSFaNCE OF THE UNANIMOUS ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON NOVEMBER 16, 2004 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. LOUIS BYRD MAYOR CITY OF LYNW00D C~T,, "', ,'-'~:-~ ~r-~-~CE NOV 1 1 2004 LETICIA VASQUEZ MAYOR PRO-TEM FERNANDO PEDROZA COUNCILMEMBER RAMON RODRiGUEZ COUNCILMEMBER MARIA T. SANTILLAN COUNCILMEMBER INTERIM CITY MANAGER JOSEPH WANG CITY ATTORNEY ARNOLDO BELTRAN CITY CLERK ANDREA L. HOOPER CITY TREASURER IRIS PYGATT OPENING CEREMONIES CALL TO ORDER CERTIFICATION OF AGENDA POSTING BY CITY CLERK ROLL CALL OF COUNCIL MEMBERS Femando Pedroza Ramon Rodriguez Maria T. Santillan Leticia Vasquez Louis Byrd PLEDGE OF ALLEGIANCE 5. INVOCATION PRESENTATIONS/PROCLAMATION · MDA Firefighter Appreciation Week 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 III, Paragraph 5.) MINUTES OF PREVIOUS MEETINGS: Regular Meeting, September 21, 2004 Regular Meeting, October 5, 2004 Special Meeting, October 13, 2004 Regular Meeting, October 19, 2004 Special Meeting, October 26, 2004 PUBLIC HEARING 9. APPEAL NO. 2004-03 - CONDITIONAL USE PERMIT NO. 2004-19 Comments: The purpose of this item is for the City Council to conduct a continued public hearing to consider Appeal No. 2004-03, a request by Clara Howard appealing the decision of the Planning Commission to deny Conditional Use Permit No. 2004-19, to legalize and operate a homeless shelter in conjunction with a church located at 2627 Oak Avenue in the R-3 (Multiple-Family Residential) zone. Recommendation: Staff recommends that the City Council conduct the public hearing and deny Appeal No. 2004-03 thereby upholding the decision of the Planning Commission. DISCUSSION ITEM - SPECIAL PERMIT REQUESTS 10. SPECIAL PERMIT - MASSAGE 3100 IMPERIAL HIGHWAY, CART #16 Comments: The purpose of this item is for the City Council to consider a request from "One Stop Acupuncture Clinic" to provide massage services from a push cart within the Plaza Mexico shopping center located at 3100 Imperial Highway in the CB-1 (Controlled Business) zone. Recommendation: Staff recommends that the City Council deny the Special Permit. 11. SPECIAL PERMIT - YARD SALE LYNWOOD ROTARY CLUB Comments: The purpose of this item is for the City Council to consider a Special Permit request submitted by the Lynwood Rotary Club to conduct a yard sale. The yard sale will take place on the permitted yard sale weekend, however because the location will be on a private parking lot a special permit is required. Recommendation: Staff recommends that the City Council approve the special permit. 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. 12. MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD EMPLOYEES' ASSOCIATION Comments: The current Memorandum of Understanding (MOU) for the Lynwood Employees Association expired June 30, 2004. Collective bargaining was conducted in good faith between the City and the Association for a successor MOU. Agreement has been reached for a successor MOU covering the period of July 1, 2004 through June 30, 2006. Recommendation: Staff recommends that the City Council adopt the attached resolution approving Exhibit A, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD EMPLOYEES' ASSOCIATION AND SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS." 13. A RESOLUTION SETTING FORTH ALL TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED POSITIONS Comments: The excluded positions in the Lynwood Employees' Association bargaining group have historically had the terms affecting their wages, hours and working conditions tied to the bargaining unit for annual adjustments. It is in the best interest of the City to continue this practice. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE EXCLUDED POSITIONS OF THE LYNWOOD EMPLOYEES' ASSOCIATION BARGAINING GROUP." 14. 15. INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY - APPROVAL OF AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES Comments: The Joint Exercise of Powers Agreement for Insurance and Risk Management purposes (JPA) was last amended in 1998. At its meeting on October 13, 2004 the ICRMA governing board approved a Fifth Amended JPA. This requires the approval of the governing body of member cities. It would also be appropriate to reconfirm the City's appointees to the ICRMA Governing Board, which are currently Mayor Pro Tem Leticia Vasquez as the primary representative, and Gall L. Black and Alfretta Earnest to serve as the alternate and substitute alternate representatives. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FIFTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES AND APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY'S GOVERNING BOARD AND ITS SEPARATE RISK MANAGEMENT PROGRAM". APPROVAL OF THE WARRANT REGISTERS Comments: City of Lynwood warrant registers dated November 16, 2004 for FY 2004-2005. Recommendation: Staff recommends that the City Council approve the warrant registers. 16. PARK AND PUBLIC SECURITY SERVICES Comments: The purpose of this item is to provide the City Council with information relative to the level of coverage provided for parks and public facilities as well as to appropriate the necessary funding to cover the cost of services for the balance of the current fiscal year. Recommendation: Staff recommends that the City Council: Approve the change in the schedule for Park and Public Security Services from: Monday- Friday 2:00 p.m. to 11:00 p.m. and Saturdays/Sundays 12:00 p.m.- 11:00 p.m., to Monday through Sunday 8:00 a.m.-11:00 p.m. Adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FIFTY THOUSAND DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE TO FUND THE PARK AND PUBLIC SECURITY SERVICES PROGRAM FOR THE BALANCE OF THE 2004/2005 FISCAL YEAR." 17. ACCEPTANCE Of THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT IMPERIAL HIGHWAY AND APRICOT STREET (VACATED) PROJECT NO. 05-5292, AS COMPLETE Comments: On April 6, 2004, the City Council awarded a contract to C. T. & F. Inc., for the Traffic Signal Improvement Project at Imperial Highway and Apricot Street (vacated), Project No. 05-5292. 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 TRAFFIC SIGNAL IMPROVEMENT PROJECT AT IMPERIAL HIGHWAY AND APRICOT STREET (VACATED), PROJECT NO. 05-5292, AS BEING COMPLETE." 18. TREASURER'S QUARTERLY INVESTMENT REPORT 19. Comments: The purpose of this item is to have the Honorable Mayor and the Lynwood City Council review the Treasurer's Quarterly Investment Report as required by State Statutes. Recommendation: The City Treasurer respectfully recommends that the City of Lynwood racaive and file the attached Quarterly Investment Report for the quarter ending June 30, 2004. DISCUSSION ITEMS POLICY AND GUIDELINES FOR PROVIDING SUPPORT TO LOCAL COMMUNITY ORGANIZATIONS/CHARITIES Comments: The City Council endeavors to provide assistance to City of Lynwood public service groups. This assistance has come in the form of financial assistance, in-kind assistance, as well as the provision of fee waivers for the use of City owned facilities and equipment. During recant budget hearings, discussion occurred regarding preparing formal policies and procedures for the provision of this assistance. This staff report provides the City Council with said policy and procedure options to review. Recommendation: Staff recommends that due to current budget issues and concerns the City Council select option number one via the adoption of the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE IMPLEMENTATION OF A POLICY WITH RELATION TO THE PROVISION OF FINANCIAL AND/OR IN KIND SUPPORT TO LOCAL COMMUNITY ORGANIZATIONS/CHARITIES." 20. REVIEW OF PARKING METER OPERATIONS WITHIN ZONE 2B (NORTH LONG BEACH BOULEVARD) 21. 22. Comments: The purpose of this item is for the City Council to review the current parking meter operations within Zone 2B (North Long Beach Boulevard). Per Council direction, staff would like to proceed with either the removal of the parking meters within Zone 2B or relocation of the parking meters to another location. Recommendation: Staff recommends that the City Council provide direction relative to: a) b) c) Removal of the parking meters within Zone 2B (North Long Beach Boulevard), or Relocation of the parking meters within Zone 2B to another proposed location to include: 1 ) Atlantic Avenue between Imperial Highway and Fernwood Avenue. 2) Imperial Highway between Martin Luther King Jr. Boulevard and California Avenue. 3) Other area identified by Council, or Leave the parking meters in the current location of Zone 2B (North Long Beach Boulevard Zone). CONSIDERATION OF CONTRACT EXTENSION FOR CHILD CARE CONSULTANT Comments: The purpose of this item is for the City Council to consider a request by the child care consultant, Patricia Shields to extend her contract for three (3) years at a rate of $4,000 per month. Recommendation: Staff recommends that the City Council consider the contract extension request from child care consultant Patricia Shields. If the City Council considers approval to extend the contract in the short or long term, staff is requesting that the City Council identify guidelines and funding to be included in a contract and resolution that will be brought back for ratification. REQUEST TO SUBMIT GRANT APPLICATION FOR CHILD CARE FUNDING Comments: The purpose of this item is for the City Council to consider a request by child care consultant Patricia Shields to apply for grant funding from First 5 L.A. for "Hot Zone Facilities." Recommendation: Staff recommends that the City Council approve the request to submit an application for child care grant funding. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION LOUIS BYRD, MAYOR LETIClA VASQUEZ, MAYOR PRO-TEM FERNANDO PEDROZA, COUNCILMEMBER MARIA T. SANTILLAN, COUNClLMEMBER RAMON RODRIGUEZ, COUNCILMEMBER CLOSED SESSION 23. CLOSED SESSION ITEMS With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Bo Agency Negotiator: Gail L. Black Employee Organization: Lynwood Employees' Association With respect to every item of business to be discussed in closed session pursuant to Section 54956.9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of Case: Bulletin Displays, LLC vs. City of Lynwood, et al. LASC Case No. BS091177 Name of Case: Regency Outdoor Advertising, Inc. v. City of Lynwood Case No. BC285256 With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: TWO (2) CASES ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON DECEMBER 7, 2004 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. LYNWOOD CITY COUNCIL REGULAR MEETING OCTOBER 5, 2004 The City Council of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:15 p.m. Mayor Byrd presiding. Councilman Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the roll call. Also present were Interim City Manager Wang, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act. Item #6: PRESENTATIONS/PROCLAMATIONS: Lynwood Boys Soccer Team - Presentation Doctor Shirley Chambers - Teacher Award Christina Aguilar - Plaza Mexico Award Mario Cardenas - Plaza Mexico Award Ruben Martinez - Libreria Mexico Award Phyllis Cooper- Service Above Self Award Alley Clean Up Participants - Certificates Mayor Byrd rearranged the Agenda to discuss Closed Session first. Mark Kudler - Spoke on Item #25 B and C Bulletin Displays stated that they are willing to corporate with the City, we are encouraging that Council take action in Close Session to be able to send the documentations to the Planning Commission to get the process started. Mayor Byrd - Introduced Mr. Chavez from American Medical Response. Mayor Pro Tem Vasquez - Explained that AMR is the ambulance company that was generous enough to donate the ambulance that was transported to Aguas Caliente earlier this year and to the City of Talpa, they also provide the ambulance service for the City of Lynwood. Stated that she would like to write a letter of support to the Los Angeles Board of Supervisors because the AMR contract is up with the County. AMR is very interested in renewing the contract, I believe that we should have businesses that are willing to be a part of our community and AMR has proven to be an active member in our community through there participations, would like to adopt a Resolution in support of AMR. I A~ENDA ITEM Councilman Pedroza - Stated that AMR has given a great lot to the community. The Council should send the letter of support but also adopt a Resolution supporting AMR. CLOSED SESSION Item #25: CLOSED SESSION City Attorney Beltran stated with respect to every item of business to be discussed in Closed Session pursuant to Section 54956.9: Co Conference with Legal Counsel - Anticipated Litigation 1. Regency Outdoor Advertising Inc. v. City of Lynwood 2. Bulletin Displays LLC v. City of Lynwood Conference with Real Property - Bulletin Displays, OMG and Regency It was moved by Councilman Pedroza, second by Councilwoman Santillan and carried to recess to Closed Session at 6:36 p.m. Council reconvened at 8:20 p.m. City Attorney Beltran stated that Council met on the aforementioned matters and reported on2 A. Conference with Legal Counsel - Anticipated Litigation: There was no discussion taken. B. 1. Regency Outdoor Advertising Inc. v. City of Lynwood: 2. Bulletin Displays LLC v. City of Lynwood: C. Conference with Real Property - Bulletin Displays, OMG and Regency: Council reached consensus directing the City Attorney to communicate with the parties on matters listed as Item #25 - B the Existing Litigation and matters pretending to the Real Property Negotiations. The City Attorney will be at the direction of the Council preparing the letters pertaining to these matters and forwarding to the concerned parties. Interim City Manager Joe Wang - Explained to Council that there is a request for a Subsequent Need Item and also a Sister City Committee Member that would like to present to Council the request of this Item. It was moved by Councilwoman Santillan, second by Councilman Pedroza to hear the Subsequent Need Item. Interim City Manager Joe Wang - Stated that there are two special dedications from the City of Jimenez it came to my attention last Tuesday after the Council Agenda was already posted, what they would like is to extend an invitation for the Council to attend there function on October 10, 2004 that is why there is a need for Council to take action tonight. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Adolph Lopez - Stated that two representatives of one of our Sister City (Cuidad Jimenez) came to invite the Council to attend their event on October 10, 2004 representing the City of Lynwood. It was moved by Councilman Rodriguez, second by Mayor Byrd to allow Councilman Pedroza to attend the Cuidad Jimenez Event and represent the City of Lynwood on October 10, 2004. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Mohammad Parvizshahi - Spoke on Item #11 Chiropractor License stated that he would like for Council to consider his special permit to establish and operate his chiropractic office here in the City of Lynwood. PUBLIC ORAL COMMUNICATIONS Irene Garcia - Stated that she would like to know if there is a possibility that the community may have a Trolley or Bus to transport students to school. Stated that there are a lot of violations being committed after school and in the mornings when parents are dropping off their kids we need more parking and traffic enforcement. Also stated that the small businesses on Long Beach Boulevard are violating the City's code. Would also like to know how much money was donated by the Charles Drew Company to Mr. Louis Morales for Pop Warner. Sal Alatorre - Stated that on behalf of the Block Watch Organization he would like to thank the Council for recognizing the participants of the Alley Clean Up for their outstanding work. Also stated that he would like for Council to support the Block Watch and the Law Enforcement in uniting together to try and stop the crime that is being committed in the City of Lynwood. Tony Miranda - Invited Council and everyone in the community to the Youth Football Pop Warner Games this Saturday 9, 2004 from 8:00 a.m. to 3:30 p.m. Item #8: MINUTES OF PREVIOUS MEETINGS: It was moved by Councilwoman Santillan, second by Councilman Pedroza to approve the following minutes: Special Meeting, August 3, 2004 Regular Meeting, August 3, 2004 Special Meeting, August 17, 2004 Regular Meeting, August 17, 2004 Special Meeting, August 26, 2004 ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, PUBLIC HEARING Item #9: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH EMIGDIO RODRIGUEZ AND THE SALE OF LAND FOR THE PROPOSED PROJECT During its June 15, 2004 closed session meeting, the Redevelopment Agency approved the sale of property to Mr. Rodriguez. This property is located at the northwest corner of Femwood Avenue and Atlantic Avenue and is identified as assessors parcel number 6189-011-900. This item provides a public hearing for the sale of land, which is required by current California Redevelopment Law whenever an Agency disposes of property. Item #10: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH JAIME GUTIERREZ DEVELOPMENT AND THE SALE OF LAND FOR THE PROPOSED PROJECT During its June 15, 2004 closed session meeting, the Redevelopment Agency approved the sale of property to Mr. Gutierrez. This property is located at the northeast corner of Femwood Avenue and Atlantic Avenue and is identified as assessors parcel number 6189-026-900. This item provides a public hearing for the sale of land, which is required by current California Redevelopment Law whenever an Agency disposes of property. Director of Redevelopment Louis Morales - Explained to Council that he would like to continue Item #9 and Item # 10 for further review. By general consent the Items were continued. DISCUSSION ITEM - SPECIAL PERMIT REQUEST Item #11: SPECIAL PERMIT: REQUEST FOR CHIROPRACTOR LICENSE 3590 IMPERIAL HIGHWAY, UNIT #3 The purpose of this item is for the City Council to consider a special permit request by Mohammad Parvizshahi to establish and operate a chiropractic office, Atlas Health Care, located at 3590 Imperial Highway, #3 in the C-2 (Light Commercial) zone. It was moved by Councilman Pedroza, second by Councilman Rodriguez to approve the Special Permit. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action. Mayor Pro Tem Vasquez - Pulled Item #12. Councilman Pedroza - Pulled Item #17 and Item #21. Councilwoman Santillan - Pulled Item #22. It was moved by Councilman Rodriguez, second by Councilman Pedroza to adopt the following Resolutions. Item #13: AWARD OF CONTRACT TO NBCE INC. In July 2004 the City Council approved LUA funding for street improvement and approved the list of streets for design and construction. RESOLUTION NO. 2004.167 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO NBCE INC. IN THE AMOUNT OF $74,800.00 FOR THE DESIGN OF POPE AVENUE, LINDEN AVENUE, PINE STREET, LOS FLORES BLVD., ELMWOOD AVENUE AND SANBORN AVENUE, PROJECT NO. 5-5299 FISCAL YEAR 2004-2005 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #14: AWARD OF CONTRACT TO NORRIS-REPKE In July 2004 the City Council approved LUA funding for street improvements and approved the list of streets for design and construction. RESOLUTION NO. 2004.168 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO NORRIS-REPKE IN THE AMOUNT OF $48,700.00 FOR THE DESIGN OF CORNISH AVENUE, COYLER AVENUE, JACKSON AVENUE, HULME AVENUE, GERTRUDE DRIVE AND SHIRLEY AVENUE, PROJECT NO. 5-5299 FISCAL YEAR 2004-2005 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #15: AWARD OF CONTRACT TO DMR TEAM In July 2004 the City Council approved LUA funding for street improvements and approved the list of streets for design and construction. RESOLUTION NO. 2004.169 ENTITLED: A RESOLUTION FO THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO DMR TEAM IN THE AMOUNT OF $75,240.00 FOR THE DESIGN OF LYNWOOD ROAD, LOUISE STREET, LEWIS STREET, OLIVE STREET, CEDAR AVENUE, BRADFIELD AVENUE, GERTRUDE DRIVE AND CARLIN AVENUE, PROJECT NO. 5-5299 FISCAL YEAR 2004- 2005 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #16: APPROPRIATION AND TRANSFER OF FUNDS FOR THE LYNWOOD PARK IMPROVEMENT PROJECT, FY 2004-2005 The City received excess Proposition A funds from the Los Angeles County Regional Parks and Open Space District to do park related improvements. Council approved the use of these funds for the Lynwood Park Improvement Project. RESOLUTION NO. 2004.170 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROPRIATE AND TRANSFER $171,908.84 OF UNAPPROPRIATED LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT PROP A EXCESS FUNDS TO THE LYNWOOD PARK IMPROVEMENT PROJECT, PROJECT NO. 5-5310. Item #18: ACCEPTING OF CARLIN AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT NO. 5-5250, AS BEING COMPLETE On April 20, 2004, the City Council awarded a contract to Engineered Plumbing Inc. for the Carlin Avenue Water Main Improvement Project, Project No. 5-5250. All construction work on the project has been completed. The project is ready for acceptance. RESOLUTION NO. 2004.171 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE CARLIN AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT NO. 5-5250 AS BEING COMPLETE. Item #19: AWARD OF CONTRACT STREET IMPROVEMENT PROJECT, PROJECT NO. 5-5249 AND 5-5299 WALNUT AVENUE The bid opening for the Walnut Avenue Improvement Project was held in the office of the City Clerk on Thursday September 16, 2004. Bannaoun Engineers-Construction was the apparent lowest bidder. RESOLUTION NO. 2004.172 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO BANNAOUN ENGINEERS-CONSTRUCTORS IN THE AMOUNT OF $258,180.00 FOR THE WALNUT AVENUE, (BULLIS ROAD TO HARRIS AVENUE) IMPROVEMENT PROJECT, PROJECT NO. 5- 5249 AND 5-5299 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #20: WARRANT REGISTER RESOLUTION NO. 2004.173 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #12: POTENTIAL CLOSURE OF KING DREW MEDICAL CENTER TRAUMA UNIT The purpose of this item is to have the City Council adopt a resolution in opposition of action taken by the Los Angeles County Board of Supervisors to begin the process of closing the trauma unit at King Drew Medical Center. Mayor Pro Tem Vasquez - Stated that the County of Board of Supervisors has already voted to close the trauma center. This would be a tremendous impact in our community. St Francis is the closest trauma center to Martin Luther King this means that all of the patients that were going to be transported to the trauma center are now going to be transported to St. Francis, and the reason why I pulled this item is because I oppose the closure of King Drew Medical Center Trauma Unit. Councilman Pedroza - Opposes the closure of King Drew Medical Center Trauma Unit. Mayor Byrd - Opposes the closure of King Drew Medical Center Trauma Unit. Councilman Rodriguez - Opposes the closure of King Drew Center Trauma Unit. Councilwoman Santillan - Opposes the closure of King Drew Medical Center Trauma Unit. It was moved by Councilman Pedroza, second by Mayor Pro Tem Vasquez to adopt the following Resolution. RESOLUTION NO. 2004.174 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD OPPOSING THE CLOSURE OF THE TRAUMA UNIT AT KING DREW MEDICAL CENTER. ROLL CALL: AYES: COUNCILMEN PEDROZA, YASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item 017: PROPOSITION lA - PROTECTION OF LOCAL GOVERNMENT REVENUES The purpose of this item is to have the City Council adopt a resolution in support of Proposition lA - Protection of Local Government Revenues, a ballot initiative being co- sponsored by the League of California Cities. If successful, the initiative will provide Constitutional protection to local government revenues. Councilman Pedroza - Stated that he strongly supports Proposition 1A-Protection of Local Government Revenues, so in the furore the State of California cannot just come into the City of Lynwood and say we are going to take away another $3 million dollars, like they did this time. This is the reason we are cutting back on our City budget. It was moved by Councilman Pedroza, second by Councilman Rodriguez to adopt the following Resolution. RESOLUTION NO. 2004.175 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING PROPOSITION 1A-PROTECTION OF LOCAL GOVERNMENT REVENUES. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #21: REVIEW OF PROPOSALS FROM PROSPECTIVE VENDORS FOR THE PROVISION OF PARK AND PUBLIC FACILITY SECURITY SERVICES During the recent budget workshops the City Council directed staff to investigate potential cost saving measures. One measure that was identified by staff was that of changing the service provider for park and public facility security services from the Los Angeles County Sheriff Department to a private security firm. This could reduce the cost of security services by over $50,000 per year. Councilman Pedroza - Questioned staff and Captain Lopez if it is recommended that the security be armed at the park or is it recommended we have an unarmed security. Captain Lopez - Explained to Council that from a public safety aspect it would be beneficial to have armed security. Councilman Rodriguez - Stated that he would like to know what is the advantage of having the two deputies instead of the security. Captain Lopez - Stated that the two officers are bilingual, very selective, great attendance record, very pro active in the community, well trained and certified. It was moved by Mayor Pro Tem Vasquez, second by Mayor Byrd to authorize staff to negotiate an agreement with California Security Services Incorporated. ROLL CALL: AYES: COUNCILMEN PEDROZA, SANTILLAN, VASQUEZ AND BYRD NOES: COUNCILMAN RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #22: HP AUDIO & VIDEO PRODUCTIONS The purpose of this item is to request that the Lynwood City Council approve an agreement between the City of Lynwood and HP Audio & Video Productions to provide public relations outreach services to the Latino Media, and Video Production services. Councilwoman Santillan - Stated that she would like for Mr. Lazaro Sanchez to understand that he has a contract with the City of Lynwood and he will be working for all Councilmembers, not just certain Councilmembers. It was moved by Councilwoman Santillan, second by Councilman Pedroza to adopt the following Resolution. RESOLUTION NO. 2004.176 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF LYNWOOD AND HP AUDIO & VIDEO PRODUCTIONS. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, DISCUSSION ITEMS Item #23: REAL ESTATE TRANSACTION AUDIT The purpose of this item is to have the City Council review the engagement letter from City Auditor's, Moss, Levy & Hartzheim, outline the proposed scope of service and cost for a real estate transaction audit and provide further direction to staff. It was moved by Councilman Pedroza, second by Councilwoman Santillan to approve Option #2 Negotiating cost and terms of the engagement with Moss, Levy & Hartzheim (will bring back Resolution and appropriation for ratification at next meeting). ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NON ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #24: QUARTERLY CONTRACT CHANGE ORDER REPORT (MAY 1, 2004 THROUGH JULY 31, 2004) Staff has reviewed all Capital Improvement Projects and has identified Four (4) Contract Change Orders, which were issued during the period from May 1, 2004 through July 31, 2004. Mayor Byrd - Stated that he is not happy with having change orders every time a contractor bids, what he would like is for every contractor to bid what the total price is and not keep adding to the contract. It was moved by Councilman Pedroza, second by Councilwoman Santillan to receive and file staff's contract change order report for the period of May 1, 2004 through July 31, 2004. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, ADJOURNMENT Having no further discussion, it was moved by Councilman Pedroza, second by Cotmcilman Rodriguez and carried to adjourn the Regular Council Meeting at 10:35 p.m. Louis Byrd, Mayor Andrea L. Hooper, City Clerk LYNWOOD CITY COUNCIL SPECIAL MEETING OCTOBER 13, 2004 The City Council of the City of Lynwood met in a Special Meeting in the Council Chambers, 11330 Bullis Road on the above date at 4:20 p.m. Mayor Byrd presiding. Councilman Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the roll call. Also present were Interim City Manager Wang, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE PUBLIC ORAL COMMUNICATIONS NONE CLOSED SESSION Item #9: CLOSED SESSION ITEM: City Attorney Beltran stated, with respect to every item of business to be discussed in Joint Close Session Pursuant to Section 54956.9: 1. Cynthia Green Geter v. City of Lynwood WCAB Case No. MON 0287727 It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to recess the Joint Close Session at 6:30 p.m. Council reconvened at 8:30 p.m. City Attorney Beltran stated that Council met on the aforementioned matters and reported on: Cynthia Green Geter v. City of Lynwood WCAB Case No. MON 0287727: No action was taken by Council. DISCUSSION ITEMS Item #6: REQUEST FROM ST. PHILIP NERI SCHOOL St. Philips Neri School is requesting a permit to conduct a festival on the Parish property beginning Friday, October 22 through Sunday, October 24, 2004. The purpose of the event is to help raise funds for the Parish School Tuition Subsidy. It was moved by Councilwoman Santillan, second by Councilman Pedroza to approve the request from St. Philip Neri School including the conditions set forth by staff. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Councilman Pedroza - Requested staff to bring back an update for the next meeting in reference with the Patel Housing Project on Redwood Avenue. Item #7: PROPOSED MEDIANS ISLANDS FOR ABBOTT ROAD (ATLANTIC AVENUE TO MARTIN LUTHER KING BOULEVARD) Median Islands are being proposed on Abbott Road (Atlantic Avenue to M.L.K. Blvd.) as part of the street improvements to enhance traffic safety. Due to the fact of certain traffic patterns changing a public heating is recommended for public input. Item #8: LONG BEACH BOULEVARD PROPOSED MASTER PLAN CONCEPT The purpose of this item is to present the City Council a preliminary concept for the future street improvements of Long Beach Boulevard. Councilman Pedroza - Requested staff to continue Item #7 and Item #8 for the next scheduled Council Meeting for further review. ADJOURNMENT Having no further discussion, it was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to adjourn the Regular Council Meeting at 8'45 p.m. Louis Byrd, Mayor Andrea L. Hooper, City Clerk LYNWOOD CITY COUNCIL REGULAR MEETING OCTOBER 19, 2004 The City Council of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on the above date at 5:20 p.m. Mayor Byrd presiding. Councilman Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the roll call. Also present were Interim City Manager Wang, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act. Item #6: PRESENTATIONS/PROCLAMATIONS: · Lynwood Library · Tiara Johnson · Andrea L. Hooper PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia - Item #16 stated that the office phone and cell phone bills are just to high Council needs to take care of this the City is in a budget crisis. Item #23 and Item #24 stated that these contracts are asking for too much money. Item #25 stated that she supports the transaction audit. Item #28 stated that she opposes special permits. Item #29 stated that she believes everyone should pay for his or her own trips. Adolph Lopez - Item #23 and Item #24 stated that he is very happy to finally see that this project is coming through, the community has been waiting for this park. PUBLIC ORAL COMMUNICATIONS Jorge Arsevalo - Stated that Lynwood has progress for the better of the community. Complained that a parking officer gave him a ticket for parking his motor home on the street, stated that he has no problem with changes being approved by Council, but he would appreciate if every resident of Lynwood were informed of these changes. Irene Garcia- Stated that she supports Item #10 Vehicle Seizure Ordinance and on Item #11 she is against Appeal No. 2004-205 and Zone Change No. 2004-03 4237-4241 Imperial Highway. Stated that she would like to know how many citations have been issued to the small businesses on Long Beach Boulevard. The City needs more enforcement. Jesus Tobar - Stated that he would like for Council to maintain the vacant lot that is next to his property, there are drug dealers and bums hanging out in the vacant lot. I would also like to purchase the vacant lot if Council allows me to. Paul McCrurry and Blanca Fuentes - Complained on a City tree that has been creating a lot of problems and would like to know if it is possible to remove the tree. Adolph Lopez - Stated that the residents need Councils help, the streets are being over crowded by cars there is no more space it is getting out of hand. Alex Landeros - Complained about the construction that is being done on Carlin Avenue, stated that the water is building up on the residential streets it is getting flooded, the City needs more drains. Antonio Mongia - Stated that he is concern about the Traffic Cameras on Imperial Highway and Atlantic Avenue I am concern that our City Engineers did not take into consideration the handicaps there is no way that a wheel chair can get through the comers of these streets. Supports Item # 10 Vehicle Seizure Ordinance. Ralph Gonzales - Questioned that how long is it going to take for staff to put up a stop sign at Roosevelt Elementary School before someone gets hurt. Item #8: MINUTES OF PREVIOUS MEETINGS: It was moved by Councilwoman Santillan, second by Councilman Rodriguez to approve the following minutes. · Regular Meeting, September 7, 2004 NOES: ABSTAIN: ABSENT: ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NONE NONE NONE PUBLIC HEARING RODRIGUEZ, SANTILLAN, Item #9: TITLE 10 OF THE LOS ANGELES COUNTY CODE - ANIMAL CONTROL The City of Lynwood has been using the County of Los Angeles Animal Control Services since April 1, 1997. On June 4, 2002, the Lynwood City Council voted to renew a five-year contract with the County of Los Angeles, which continued the use of the Animal Control Services provided by Los Angeles County (Resolution Number 2002.087). The contract provides that the City of Lynwood must enact and maintain in full force and effect, an ordinance identical to Division 1 of Title 10 of Los Angeles County Code. It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to open the public heating. Hearing no response. It was moved by Councilman Rodriguez, second by Mayor Byrd and carried to close the public hearing. It was moved by Councilman Pedroza, second by Councilwoman Santillan to introduce for first reading the following Ordinance: City Clerk Hooper introduced the Ordinance by title only. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING CHAPTER 8 OF THE LYNWOOD MUNICIPAL CODE AND ADOPTING BY REFERENCE TITLE 10 OF THE LOS ANGELES COUNTY CODE IN ITS ENTIRETY TO PROVIDE ANIMAL CONTROL SERVICES WITHIN THE CORPORATE LIMITS OF THE CITY OF LYNWOOD. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #10: VEHICLE SEIZURE ORDINANCE The purpose of this item is to introduce an ordinance for first reading that would amend the Lynwood Municipal Code to allow for the seizure and forfeiture of vehicles used for the purpose of soliciting and committing acts of prostitution. It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to open the public hearing. Mayor Pro Tem Vasquez - Stated that for over the past month Council has been working with the City Attorney to enforce this Ordinance. We have had many complaints in regards to the prostitution on Long Beach Boulevard and if the community would have never complained we would not have this Ordinance in place. Adolph Lopez - Stated that this is the best news he has heard in the last month, this Ordinance is what the community has needed for the past ten years. Now what the Council and staff have to do is enforce the Ordinance. Antonio Mongia - Thanked Council for finally adopting an Ordinance that would make some good changes in the City of Lynwood. Ralph Gonzales - Supports the Vehicle Seizure Ordinance. Irene Garcia- Supports the Vehicle Seizure Ordinance. It was moved by Councilman Rodriguez, second by Councilwoman Santillan and carried to close the public hearing. It was moved by Councilman Rodriguez, second by Councilman Pedroza to introduce for first reading the following Ordinance: City Clerk Hooper introduced the Ordinance by title only. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 3-26 TO THE LYNWOOD MUNICIPAL CODE RELATING TO NUISANCE VEHICLES AND PROVIDING FOR THE SEIZURE AND FORFEITURE OF VEHICLES USED FOR THE PURPOSE OF SOLICITING AND COMMITTING ACTS OF PROSTITUTION. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #11: APPEAL NO. 2004-05 AND ZONE CHANGE NO. 2004-03 4237-4241 IMPERIAL HIGHWAY The purpose of this item is for the City Council to conduct a public hearing to consider a request to overturn the decision of the Planning Commission to approve the development of eight (8) residences. In addition, for the City Council to consider an ordinance changing the zoning designation from R-1 (Single - Family Residential) to PRD (Planned Residential Development). It was moved by Councilman Rodriguez, second Councilman Pedroza and carried to open the public hearing. Irene Garcia - Is against the two-story residential homes appeal and zone change. Ronald Fobbs - Is against the two-story residential homes appeal and zone change. Pauline Taylor - Is against the two-story residential homes appeal and zone change. Alfred Lemos - Is against the two-story residential homes appeal and zone change. Patricia Carr - Is against the two-story residential homes appeal and zone change. Daniel Chavez - Supports the two-story residential homes appeal and zone change. Josephina Chavez - Supports the two-story residential homes appeal and zone change. John Mabry - Supports the two-story residential homes appeal and zone change. Anthony Navarro - Supports the two-story residential homes appeal and zone change. Jorge Guzman - Supports the two-story residential homes appeal and zone change. It was moved by Councilman Pedroza, second by Councilwoman Santillan and carried to close the public hearing. Director of Development Services Grant Taylor - Explained to Council the revised project of the appeal and zone change on Imperial Highway, stated that every developer has the right to build. It was moved by Councilman Rodriguez, second by Councilman Pedroza to adopt the Resolution and introduce for first reading the following Ordinance. Substitute Motion, it was moved by Mayor Pro Tem Vasquez, second by Mayor Byrd to change the Resolution and Ordinance to a seven (7) detached single-family residences on property located at 4237-4241 Imperial Highway. SUBSTITUTE MOTION ROLL CALL: AYES: MAYOR PRO TEM VASQUEZ AND MAYOR BYRD NOES: COUNCILMEN PEDROZA, RODRIGUEZ AND SANTILLAN ABSTAIN: NONE ABSENT: NONE MAIN MOTION ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ AND SANTILLAN NOES: MAYOR PRO TEM VASQUEZ AND MAYOR BYRD ABSTAIN: NONE ABSENT: NONE City Clerk Hooper introduced the Ordinance by title only. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2004-03, CHANGING THE ZONING DESIGNATION FROM R-1 (SINGLE-FAMILY RESIDENTIAL) IN ORDER TO CONSTRUCT EIGHT (8) DETACHED SINGLE-FAMILY RESIDENCES ON PROPERTY LOCATED AT 4237-4241 IMPERIAL HIGHWAY, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6192-023-024 & 025- TRACT 5103, PORTION OF LOT 10, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. RESOLUTION NO. 2004.176-A ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING APPEAL NO. 2004-03, THEREBY UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE THE PROJECT TO DEVELOP EIGHT (8) DETACHED SINGLE FAMILY RESIDENCES, TWO-STORIES IN HEIGHT, LOCATED AT 4237-4241 IMPERIAL HIGHWAY IN THE PRD (PLANNED RESIDENTIAL DEVELOPMENT) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6192-023-024 AND 025, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. Item #12: NATURAL HAZARDS MITIGATION PLAN The purpose of this item is for the City Council to conduct a public hearing regarding the Federal Mandate that cities and counties adopt a Natural Hazards Mitigation Plan to be eligible for disaster relief funding. It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to open the public hearing. Hearing no response. It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to close the public hearing. It was moved by Councilman Rodriguez, second by Councilman Pedroza to adopt the following Resolution. RESOLUTION NO. 2004.177 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE LYNWOOD NATURAL HAZARD MITIGATION PLAN. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE RODRIGUEZ, SANTILLAN, ABSENT: NONE Item #13: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH JAIME GUTIERREZ DEVELOPMENT AND THE SALE OF LAND FOR THE PROPOSED PROJECT During its June 15, 2004, closed session meeting, the Redevelopment Agency approved the sale of property to Mr. Gutierrez. This property is located at the northeast comer of Femwood Avenue and Atlantic Avenue and is identified as assessors parcel number 6189-026-900. This item provides a public hearing for the sale of land, which is required by current California Redevelopment Law whenever an Agency disposes of property. It was moved by Councilman Rodriguez, second by Councilwoman Santillan and carried to open the public hearing. Lorene Reed - Stated that she would like to know if this is only the sale of the property and not for the use of the property, stated that she opposes the DDA. It was moved by Councilwoman Santillan, second by Councilman Pedroza and carried to close the public hearing. Mayor Pro Tem Vasquez - Stated that the information conflicts. Explained that Council would not want to have a vacant lot to store tracks, I want to make sure that staff understands Council is interested in selling the property to see only some development that is going to provide a benefit to the community and is not going to be an eyesore. Councilwoman Santillan - Stated that she is concerned with staff's report and the DDA, stated that both read different. Also does not agree with any verbal communications with Mr. Rodriguez would like for everything to be put in writing. Councilman Rodriguez - Stated that he has no problem with a temporary parking lot for vehicles only not trucks. It was moved by Councilman Rodriguez, second by Councilman Pedroza to continue the item for clarification of the DDA. It was moved by general consent. Item #14: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH EMIGDIO RODRIGUEZ AND THE SALE OF LAND FOR THE PROPOSED PROJECT During its June 15, 2004 closed session meeting, the Redevelopment Agency approved the sale of property to Mr. Rodriguez. This property is located at the northwest comer of Femwood Avenue and Atlantic Avenue and is identified as assessors parcel number 6189-011-900. This item provides a public hearing for the sale of land, which required by current California Redevelopment Law whenever an Agency disposes of property. It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to open the public hearing. Hearing no response. It was moved by Councilman Pedroza, second by Mayor Byrd and carried to close the public hearing. Councilman Pedroza - Stated that the DDA needs language clarification. It was moved by Councilwoman Santillan, second by Councilman Pedroza to continue the item for clarification of the DDA. It was moved by general consent. CONSENTCALENDAR All matters listed under the Consent Calendar will be acted upon one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items be removed from the Consent Calendar for separate action. Councilman Pedroza - Pulled Item #17. Councilwoman Santillan - Pulled Item # 19 and Item #20. Mayor Pro Tem Vasquez - Pulled Item #21. It was moved by Councilman Rodriguez, second by Councilman Pedroza to adopt the following Resolutions. Item #15: AWARD OF CONTRACT UNIFORM BIDS The bid opening for the Uniform Rental Service for Maintenance Division employees was held in the office of City Clerk on October 7, 2004. SoCal Uniform Rental was the lowest bidder. RESOLUTION NO. 2004.178 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A THREE YEAR UNIFORM CONTRACT TO SOCAL UNIFORM RENTAL FOR ITS LOW BID OF $30,685.00 AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. Item//16: APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2004.179 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #18: STATUS OF INDUSTRIAL SWEEP 1N THE AREA OF MARTIN LUTHER KING JR. BOULEVARD AND SANTA FE AVENUE The purpose of this item is for the City Council to receive the status of the industrial sweep program implemented by staff pursuant to City Council direction at the August 3, 2004 meeting. Item #22: CONTRACT AWARD TO MACTEC FOR PAVEMENT MANAGEMENT SYSTEM The purpose of this item is to award a contract to MACTEC to provide professional services associated with the preparation of the Pavement Management System, Project No. 5-5286. This company was selected based on their proposals, qualifications and experience. RESOLUTION NO. 2004.180 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO MACTEC IN THE AMOUNT OF $37,923.00 FOR THE PAVEMENT MANAGEMENT SYSTEM PROJECT, PROJECT NO. 5- 5286 FISCAL YEAR 2004-2005, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item #23: AMENDMENT OF CONTRACT WITH RJM DESIGN GROUP 1NC. The purpose of this item is to have the City Council approve a contract amendment with RJM Group Inc. They have requested compensation for additional professional landscape architectural design services associated with the Lynwood Meadows Park. This design work is beyond the scope of work included in the original contract. RESOLUTION NO. 2004.181 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE EXISTING CONTACT TO RJM DESIGN GROUP INC. IN THE AMOUNT OF $4,140.00 FOR PROFESSIONAL ARCHITECTURAL DESIGN SERVICES FOR LYNWOOD MEADOWS PARK PROJECT NO. 5-5289 FISCAL YEAR 2004-2005, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CONTRACT AMENDMENT. Item #24: AMENDMENT OF CONTRACT WITH NBCE, INC. The purpose of this item is to have the City Council approve a contract amendment with NBCE, Inc. They have requested compensation for additional civil engineering design services associated with the Lynwood Meadows Park. This work is beyond the scope of work included in the original contract. RESOLUTION NO. 2004.182 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE EXISTING CONTRACT WITH NBCE INC. FOR THE AMOUNT OF $19,500.00 FOR CIVIL ENGINEERING DESIGN SERVICES FOR LYNWOOD MEADOWS PARK PROJECT NO. 5-5289 FISCAL YEAR 2004-2005, AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE CONTRACT AMENDMENT. Item #25: REAL ESTATE TRANSACTIONS AUDIT The purpose of this item is to have the City Council review and approve the revised engagement letter from City Auditor's Moss Levy & Hartzheim, which outlines the proposed scope of service and the not to exceed cost for a real estate transaction audit. RESOLUTION NO. 2004.183 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING TERMS OF ENGAGEMENT FROM MOSS, LEVY & HARTZHEIM TO PERFORM A 5-YEAR REAL ESTATE TRANSACTION AUDIT AND APPROPRIATING FUNDS TO COVER COST OF SERVICE. Item #26: SUPPORT OF AMERICAN MEDICAL RESPONSE The purpose of this item is to have the City Council adopt a resolution in support of American Medical Response for emergency ambulance transportation services in the City of Lynwood and for Zones 3, 4 and 6. RESOLUTION NO. 2004.184 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING THE RECOMMENDATION OF THE LOS ANGELES COUNTY DEPARTMENT OF HEALTH SERVICES TO RETAIN AMERICAN MEDICAL RESPONSES IN THE CITY OF LYNWOOD AND RECOMMENDING TO THE LOS ANGELES COUNTY BOARD OF SUPERVISORS AND THE FIRE CHIEF THE SELECTION OF AMR AS THE PROVIDER UNRECOMMENDED ZONES 3, 4 AND 6. Item #27: 1-710 MAJOR CORRIDOR STUDY DESIGN CONCEPT The purpose of this item is to have the City Council adopt a resolution recommending approval of the 1-710 Major Corridor study design concept and community recommendation. Tier 2-Committee Member Rod White presented the recommendation to the City Council earlier this year. RESOLUTION NO. 2004.185 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RECOMMENDING TO THE 1-710 OVERSIGHT POLICY COMMITTEE APPROVAL OF THE COMMUNITY BASED DESIGN CONCEPTS AS THE LOCALLY PREFERRED STRATEGY PURSUANT TO THE MAJOR CORRIDOR STUDY FOR THE 1-710 FREEWAY AND RECOMMENDING APPROVAL OF THE TIER 2 REPORT AS GUIDANCE FOR THE ENVIRONMENTAL PROCESS. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #17: PARKING PERMITS ON FIRST AVENUE BETWEEN AGNES AVENUE AND LAVINIA AVENUE The purpose of this item is for the City Council to provide the results of the parking permit survey implemented by staff pursuant to City Council direction at the September 21, 2004 meeting. Councilman Pedroza - Questioned if there was any reaction after the letters were sent out to the residents of Lynwood. Director of Development Services Grant Taylor - Stated that out of twelve people only one opposed, it was a good mm out. It was moved by Councilman Pedroza, second by Councilwoman Santillan directing staff to proceed in conducting the parking assessment study in the proposed area of First Avenue between Agnes Avenue and establishment of parking permit zones within the City of Lynwood. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #19: MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD MANAGEMENT BARGAINING GROUP The current Memorandum of Understanding (MOU) expired June 30, 2004. Collective bargaining was conducted in good faith between the City and the Lynwood Management Group for a successor MOU. Agreement has been reached for a successor MOU covering the period of July 1, 2004 through June 30, 2005. Item//20: A RESOLUTION SETTING FORTH ALL TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED POSITIONS The excluded positions in the management bargaining group have historically had the terms affecting their wages, hours and working conditions tied to the respective bargaining units for annual adjustments. It is in the best interest of the City to continue this practice. Councilwoman Santillan - Stated that she would like to discuss Item #19 and Item #20 in close session, there are some questions that need to be answered. City Attorney Beltran - Stated that these matters are appropriate to be discussed in close session. Item//21: FEE WAIVER POLICY FOR USE OF CITY OWNED FACILITIES At its meeting on May 18, 2004 the City Council directed staff to craft a formal Fee Waiver Policy for the use of City-Owned facilities. Mayor Pro Tem Vasquez - Questioned that if this would be for all City owned facilities that Council is going to implement this Resolution to. Recreation & Community Services Director Jim Givens - Stated that this would be implemented for all City owned facilities. It was moved by Mayor Pro Tem Vasquez, second by Mayor Byrd to adopt the following Resolution. RESOLUTION NO. 2004.188 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING A POLICY FOR THE USE OF CITY-OWNED FACILITIES SETTING RENTAL FEE CLASSIFICATIONS FOR THE USERS THEREOF LIMITING EXCEPTIONS THEREFROM. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, DISCUSSION ITEMS Item//28: SPECIAL PERMIT REQUEST TO CONDUCT A YARD SALE The purpose of this item is to review a special permit application to conduct a yard sale at 4010 Josephine Street on October 22, 23 and 24, 2004. It was moved by Councilman Rodriguez, second by Councilman Pedroza to deny the Special Permit request to conduct a Yard Sale. Substitute motion, it was moved by Councilwoman Santillan, second by Mayor Byrd to approve the Special Pemdt request to conduct a Yard Sale. Councilman Pedroza - Stated that he would like proof of the prior Special Permits that have been approved by Council in the past. ROLL CALL: AYES: COUNCILMEN PEDROZA, SANTILLAN, VASQUEZ AND BYRD NOES: COUNCILMAN RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #29: ELECTED OFFICIAL TRAVEL POLICY, BUDGET AND REPORTING MECHANISMS The purpose of this item is to have the City Council review travel policies and reporting of travel expenses for Elected Officials. It was moved by Councilman Pedroza, second by Councilman Rodriguez to make the necessary allocations and bring back a Resolution allocating $16,000.00 for each Councilmembers each year and allocating $25,000.00 for the Mayor each year. ROLL CALL: AYES: COUNCILMEN PEDROZA, YASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, CLOSED SESSION Item #30: CLOSED SESSION ITEMS City Attorney Beltran stated, with respect to every item of business to be discussed in Joint Closed Session pursuant to Section 54957.6: A. Conference with Labor Negotiator - Lynwood Employees Association Conference with Legal Counsel - Anticipated Litigation 1. Regency Outdoor Advertising Inc. v. City of Lynwood 2. Thomas v. City of Lynwood 3. Laveme Jackson and Jackson & Associates v. City of Lynwood Case No. BC288237 It was moved by Councilman Rodriguez, second by Councilman Pedroza and carried to recess to Closed Session at 9:05 p.m. Council reconvened at 10:20 p.m. Item #19: MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD MANAGEMENT BARGAINING GROUP It was moved by Councilwoman Santillan, second by Councilman Pedroza to adopt the following Resolution. RESOLUTION NO. 2004.186 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD MANAGEMENT BARGAINING GROUP AND SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #20: A RESOLUTION SETTING FORTH ALL TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED POSITIONS It was moved by Councilwoman Santillan, second by Councilman Pedroza to adopt the following Resolution. RESOLUTION NO. 2004.187 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE EXCLUDED POSITIONS OF THE LYNWOOD MANAGEMENT GROUP. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, City Attorney Beltran stated that Council met on the aforementioned matters and reported on: Conference with Labor Negotiator - Lynwood Employees Association: No action taken Conference with Legal Counsel - Anticipated Litigation: No action taken 1. Regency Outdoor Advertising Inc. v. City of Lynwood: No action taken 2. Thomas v. City of Lynwood: No action taken 3. Laveme Jackson and Jackson & Association v. city of Lynwood Case No. BC288237: No action taken ADJOURNMENT Having no further discussion, it was moved by Councilman Pedroza, second by Councilman Rodriguez and carded to adjourn the Regular Council Meeting in Memory of Norma Byrd, William Salazar and Mr. Villanueva at 10:30 p.m. Louis Byrd, Mayor Andrea L. Hooper, City Clerk LYNWOOD CITY COUNCIL SPECIAL MEETING OCTOBER 26, 2004 The City Council of the City of Lynwood met in a Special Meeting in the Council Chambers, 11330 Bullis Road on the above date at 4:45 p.m. Mayor Byrd presiding. Councilman Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the roll call. Also present were Interim City Manager Wang, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE PUBLIC ORAL COMMUNICATIONS NONE DISCUSSION ITEMS Item #6: PROPOSED MEDIANS ISLANDS FOR ABBOTT ROAD (ATLANTIC AVENUE TO MARTIN LUTHER KING BOULEVARD) Median Islands are being proposed on Abbott Road (Atlantic Avenue Martin Luther King Boulevard) as part of the street improvements to enhance traffic safety. Due to the fact of certain traffic patterns changing a public hearing is recommended for public input. Director of Environmental Services/City Engineer Yadi Farhadi - Provided Council with a proposed Medians Islands Project for Abbott Road from (Atlantic Avenue to Martin Luther King Jr. Boulevard). Councilman Pedroza - Stated that he would like to know what is the project time in redoing the streets, and what kind of delay would the City have if Council does approve the Median Islands. Director of Environmental Services/City Engineer Yadi Farhadi - Explained that it would probably take up to a year for the accomplishment of this project. Mayor Pro Tem Vasquez - Stated that she believes this is a wonderful project, but one of the concerns is that how is the City going to maintain these Median Islands, also this project is going to cost the City over one million dollars and this is of course money that the City has not budgeted for this Fiscal Year. One of the things that Council had agreed was to prioritize the streets that Council had already approved, and what I am concerned about is that Council is going to end up shifting the money away from these streets and putting it into this project, which I do not feel it is a priority I have driven through out the City and looked at some of the streets that are on the priority list and they are horrible. Questioned if Council can complete this project without affecting the funding for the priority streets that Council has already approved. Director of Environmental Services/City Engineer Yadi Farhadi - Explained that the funds for the City streets that are on the priority list cannot be used for any other projects, also the funding for the Median Islands cannot be used for other projects. Councilman Rodriguez - Questioned if staff has considered the possibility of the Islands being filled with concrete cement and then painting it green, that in the long run would be saving the City a lot of money this would be an alternative. Councilman Pedroza - Stated that if staff is going to put Median Islands then I would like to do it the right way and put trees and plants. The City needs a nice entrance from Atlantic going west on Abbott like a water fountain or a sign saying Welcome to the City of Lynwood. My concern is that the City is getting worst and worst with the maintenance department and how is staff going to deal with it. Councilwoman Santillan - Explained that her concern is that some of the City's streets do not have sidewalks, would like to know if this would be part of the project. Director of Environmental Services/City Engineer Yadi Farhadi - Stated that yes this project is going to include the streets sidewalks. It was moved by Councilwoman Santillan, second by Councilman Rodriguez to set a public hearing to receive public input on the proposed installation of Median Islands on Abbott Road and direct staff to schedule the hearing for November 16, 2004 City Council Meeting and also to have staff bring back more landscape options and a welcome component with a water fountain feature or a sign. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, Item #7: LONG BEACH BOULEVARD PROPOSED MASTER PLAN CONCEPT The purpose of this item is to present the City Council a preliminary concept for the future street improvements of Long Beach. Director of Environmental Services/City Engineer Yadi Farhadi - Provided Council with the Long Beach Boulevard Proposed Master Plan Concept. Councilman Rodriguez - Stated that this project is going to help the City of Lynwood especially with the cruising that the City has had in the past, and is going to beautify the City. Councilman Pedroza - Stated that this is a great vision for the City of Lynwood, this will bring more developments into the City, and I see this as a positive project. Councilwoman Santillan - Questioned that how would the Council acquired the piece of land, if it is feasible. Director of Redevelopment Services Louis Morales - Explained to Council that what this does is provides more prime retail space along the Boulevard. Deputy Director of Redevelopment John Perfit - Stated that this is a great project for the City. It was moved by Councilman Pedroza, second by Mayor Byrd to receive staff's presentation. ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE RODRIGUEZ, SANTILLAN, CLOSED SESSION Item #8: CLOSED SESSION ITEMS City Attorney Beltran stated, with respect to every item of business to be discussed in Joint Closed Session Pursuant to Section 54957.6: Ao Lynwood Employees Association City Manager It was moved by Councilmen Pedroza, second by Mayor Byrd and carried to recess the Joint Closed Session at 5:50 p.m. Councilman Pedroza - Stated that he would like for the City Manager to be more proactive with the graffiti issues, it is getting out of hand. Would also like for staff to bring this issue as an Item for the Council Agenda. Council reconvened at 7:30 p.m. City Attorney Beltran stated that Council met on the aforementioned matters and reported on; Bo Lynwood Employees Association: All Council supporting the further instructions given to the negotiators on the item briefed by the staff. City Manager: Further instructions were provided regarding the issue I would be communicating those instructions provided again with council reaching consensus. City Attorney Beltran - Announced to Council that he received a fax from Councilman Pedroza regarding the possible litigation that would sue to prevent the closing of King Drew Trauma Center, I did obtain this morning a copy of the complaint that is to be filed tomorrow alleging a number of violations under Federal Law and State Law their interest is to determine if the City wishes to participate somewhere down the road to join the lawsuit, but at this point the lawsuit is to be filed tomorrow I indicated to Councilman Pedroza that because this is a special meeting a subsequent need item will not be permitted but that I will go ahead and schedule this for Close Session discussion as a possible litigation matter next Tuesday I only wanted to be able to convey a sense of the Council to the Plaintiff Attorneys of whether the City has a belief that this would be productive for the City to support, hopefully to prevent the closure of King Drew Trauma Center. It was moved by Mayor Byrd, second by Councilman Rodriguez and carried to proceed with the King Drew Trauma Center litigation. ADJOURNMENT Having no further discussion, it was moved by Councilman Rodriguez, second by Councilman Pcdroza and carried to adjourn the Regular Council Meeting at 7:40 p.m. Louis Byrd, Mayor Andrea L. Hooper, City Clerk LYNVqOOD CITY COUNCIL REGULAR MEETING SEPTERMBER 21, 2004 The City Council of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on thc above date at 5:15 p.m. Mayor Byrd presiding. Councilmen Pedroza, Rodriguez, Santillan, Vasquez, and Byrd answered the roil call. Also present were Interim City Manager Wang, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. Item #6: PRESENTATIONS/PROCLAMATION Item #7: Senior Pageant Winners Zelda Hutcherson Ethel Pacheco Sandra Velma and Perline Calderon and Lorene Reed presented a check to the Mayor Plaza Mexico introduced La Cuda Sule Mayor recessed to Lynwood Redevelopment Agency, Lynwood Information Inc, Lynwood Public Finance Authority at 6:45 p.m. It was moved by Councilman Rodriguez, seconded by Councilman Pedroza. Council reconvened at 7:15 p.m. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Sylvia Hen-on - spoke against item 29 St Francis Medical Heart & Vascular Center Fundraiser. Irene Garcia- spoke against item 15 Christmas Decoration Project, FY 2004-2005 that $21,000 is excessive we should have a tree only. On item 22, Request to dispose of confiscated Code Enforcement items, these items should be donated to Rancho Los Amigos or to Teen Challenge. On item 24, Red-Flex, liabilities and lawsuits have been filed. On item 25 Special Permit request, what makes the council think that this company will comply now? On item 29, St. Francis Medical Heart & Vascular Center Fundraiser, stated no taxpayers' money for a little vacation or pleasure. The budget stands and the City is in a deficit. And for the record, on August 17, 2004 regarding Mr. Franco there were threats made. PUBLIC ORAL COMMUNICATIONS Idea Castro - stated she feels bad for the family that has been threaten. But she herself has been threatened just because she is the cousin of Councilman Pedroza. People should remember how old they are and lets grow up and stop this already. It is all "he said she said". If the sheriff where there you should have directed to the sheriff to take charge of that. Maria Nunez - is requesting help from the City Council to put up a sign at 3305 Palm Ave. there is an empty lot by her home and there is a lot of illegal dumping of trash and other debris. And she is asking for help. Councilman Rodriguez directed staffto go and look at this property at 3305 Palm Ave. and see what can be done. Councilman Pedroza directed Cpt. Lopez to have look at the property to see if he can assign a patrol car to patrol that Roman Akeno - He is also here to complain about the empty lot across from his home on Palm Ave. Alias Contraries Palm Ave. She is upset at the dumping on the empty lot, And would like something done about it. Director of Environmental Services/City Engineer Yadollah Farhadi asked the resident Alias Contraries on which side of Long Beach Blvd. they are talking about. Alias Contraries responded that it was on the West side of Long Beach Blvd. Jake Keane - stated that the bike patrol and the Mural are in place and thats great. The only thing that is missing and would be the best part is the substation. Georgette Mckinney - stated she applied for a commission position, on the Community Affairs commission. She is introducing herself. She is also a Block Watch Captain. Dion Camelias - He also applied for a commission position, on is the Planning Commission and is also introducing himself to Council and hopes they would consider him. He has lived here in the City for the past 28 years. Verna Culp - stated she as lived the City for past 35 years. She is here today to address her concerns at 4271 Niland St. this a problem house, there are about 15 kids that hang around at all hours and keeps about two or three trucks that are filled with trash. She had called code enforcement put they don't seem to do anything, as far as making her remove the trash. This is a hazard. Paulette Bradley - she is here to fundralse for the Lynwood Regal Red Hat Society and they are having a fundraiser on the 14th of October 2004 called the Queens Stew "from 6:00 p.m. to 9:00 p.m. There will be food, music and live entertainment. The tickets are only $5.00 dollars, and you can buy the tickets from any Red Flatter. Rod White - spoke on Park Waters exemptions and urges the City Council to continue the exemptions. As they know things are still not fair in this City when it comes to water. Would like to see if the City can change how the homes are being sold in the Park Water area so the new homeowners know about the different rates and that they are buying in an area that pays a higher rate for water than the rest of the City. Also the new homes that are going to be built which is fine but what about the parking problems. There is a major parking problem here in the City of Lynwood. The City needs to look into parking permits to solve these problems. Irene Garcia -questioned the warrant in the amount of $2,500 for the alley clean up for the youth. She believes there are many that have to do community service, and feels that these people could be utilized and the city can save this amount. Pat Carr- stated there was a public hearing on the Lynwood Redevelopment Agency agenda she was late in getting here and is in favor of the Casa Grande project. Item #8: MINUTES OF PREVIOUS MEETINGS It was moved by Councilman Pedroza, secondED by Mayor Byrd and carried to approve the following minutes. · Special Meeting, July 20, 2004 · Regular Meeting, July 20, 2004 · Special Meeting, July 27, 2004 PUBLIC HEARING Item #9: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH CASA GRANDE DEVELOPMENT AND THE SALE OF LAND FOR THE PROPOSED PROJECT Mayor Byrd recommended discussing this item in Closed Session. It was moved Councilman Rodriguez seconded by Councilman Pedroza to open the public hearing. Representative from Casa Grande Bill Martinez stated that he forgot to mention during the redevelopment presentation that staff discussed low and moderate homes in this development. Casa Grande agreed to do whatever the project developer is going to do at the Atlantic and Carline site, which is 20% Casa Grande will do the same. Mayor Byrd stated that the City has development standards and if the development guidelines are followed there areno problems. So, if there are some issues in that guideline then there will be some adjustment that will be worked out. Councilwoman Santillan question if Council can reorganize and take this item to closed session now, then come back and continue the rest of the meeting. City Attorney Beltran stated for the sake of completeness Council should close the public hearing on the Council Agenda since it is already closed on the L.R.A Agenda. It was moved by Councilman Pedroza, seconded by Councilman Rodriguez and carried to close the Public Hearing. It was moved by Councilwoman Santillan seconded by Councilman Pedroza and carried to go to closed Session on item 9 only, for consideration ofa DDA with Casa Grande Development and the sale of land for the proposed project. It was moved by Councilwoman Santillan seconded by Councilman Pedroza and carried to rearrange the Agenda to go to Closed Session. Council recessed to closed Session at 7:55 p.m. Council Reconvened at 8:45 p.m. The Council received its presentation from the staff and after the end of discussion the Council reached a consensus and by unanimous consent to and provided further instructions relative to approval of the DDA subject to a couple of conditions that the negotiators will communicate to the developer. Those will be presented as early as tomorrow by way of Agency Attorney Ronald Wilson. Item#10: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH EMIGDIO RODRIGUEZ AND THE SALE OF LAND FOR THE PROPOSED PROJECT. It was moved by Councilman Pedroza seconded by Mayor Byrd and carried to open the public hearing. Hearing no discussion, it was moved by Councilman Rodriguez seconded by Councilman Pedroza and carried to close public hearing. It was moved Councilwoman Santillan seconded by Councilman Pedroza and carried to continue this item. Item #11: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH JAIME GUTIERREZ AND THE SALE OF LAND FOR THE PROPOSED PROJECT It was moved by Councilman Pedroza, seconded by Mayor Byrd and carried to open public hearing. Hearing no discussion, it was moved by Councilman Rodriguez seconded by Councilman Pedroza and carried to close the public hearing. It was moved by Councilwoman Santillan seconded by Councilman Rodriguez and carried to continue this item to the next meeting along with a report on the Easement. Item#12: APPROPRIATION OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS ALLOCATED BY SB 823 (2004 POOCHIGIAN FUNDS) FOR FRONT LINE LAW Councilman Pedroza stated thathe would like staffto publish this report in the Lynwood "N" Perspective so that the residents of Lynwood know where the Law Enforcement funds are being spent. It was moved by Councilman Rodriguez seconded by Councilman Pedroza and carried to open the public hearing. Hearing no discussion, it was moved Councilman Pedroza seconded by Mayor Byrd and carried to close the public hearing. It was moved Councilman Rodriguez seconded by Mayor Byrd to approve: RESOLUTION NO. 2004.154 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYN~VOOD APPROVING THE ALLOCATION OF FUNDS UNDER THE 2004 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS BY SB 823 (POOCHIGIAN) FOR FRONT LINE LAW ENFORCEMNT SERVICES IN LYN~VOOD." AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #13: FY 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT It was moved by Councilman Rodriguez, seconded by Councilman Pedroza and carried to open the public hearing. Hearing no discussion, it was moved by Councilman Rodriguez seconded by Councilman Pedroza and carried to close the public hearing. Councilman Pedroza stated that the City should work with the Sheriff Department on the gang activity, the graffiti, and drags as well as the prostitution and homicide and would like to focus these funds on a tactical team that will work directly with these problems. Cpt. Lopez responded that the funds will be directed to the staffing of the C.O.P.S team, which address all of the issues that Councilman Pedroza just mentioned. Councilwoman Santillan directed staff to notify the Block Watch organization since they were very concerned about losing the deputies. This grant the City has will find the C.O.P.S team. Mayor Pro- Tern Vasquez questioned Autra Adams on the funding sources that have slowly diminished and are disappearing. How long do we anticipate having this funding, and how has it decreased in the last three years. Staff person Autra Adams responded in 2002 the city had allocation of about $350,000.00 dollars. In 2003 it was reduced to $175,000.00 dollars. In 2004 it was reduced to about $80,000.00 dollars. It is diminishing about 50% annually. It is her understanding that it will be reduced again next year but does not now to what level yet. It was moved by Councilman Rodriguez seconded by Councilman Pedroza to move staff's recommendation to adopt: RESOLUTION NO. 2004.155 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYN3VOOD APPROVING THE ALLOCATION OF 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS." ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NONE ABSTAIN: NONE ABSENT: NONE 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 thc Consent Calendar for separate action. Councilman Pedroza pulled item # 17, 18, 21, 22, and 23 Councilman Rodriguez pulled item # 18 Councilwoman Santillan pulled item # 22 Mayor Pro- Tem Vasquez pulled item # 19 ROLL CALL: It was moved by Councilman Rodriguez seconded by Councilman Pedroza to carried receive file, and adopt the following resolutions: Item #14: ACCEPTANCE OF PARCEL MAP NO 26769 RESOLUTION NO. 2004.156 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYlS~VOOD APPROVING PARCEL MAP NO. 26769." Item #15: CHRISTMAS DECORATION PROJECT, FY 2004- 2005 RESOLUTION NO. ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNV~OOD APPROPRIATIONG FUNDS AND AUTHORIZING THE INFORMAL BIDDING PROCESS FOR THE CHRISTMAS DECORATION PROJECT, FISCAL YEAR 2004- 2005." Item #16: CONTRACT AGREEMENT WITH ST. FRANCIS HOSPITAL FOR THE USE OF PUBLIC PARKING FACILITIES RESOLUTION NO. 2004. 158 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNVqOOD AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT AGREEMENT WITH ST. FRANCIS MEDICAL CENTER FOR THE USE OF PUBLIC PARKING FACILITIES AT THE NATATORIUM AND ON CEASAR CHAVEZ LANE". Item #20: CHANGES TO FY 2004/05 OPERATING BUDGET RESOLUTION NO. 2004.161 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING AND APPROVING AMENDMENTS TO THE OPERATING BUDGET FOR FY 2004/05." Item #24: RED-FLEX TRAINING EXPENSE REQUEST FOR SHERIFF PERSONNEL RESOLUTION NO. 2004.164 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYN~VOOD AUTHORIZING PAYMENT OF TRAINING EXPENSES FOR SHERIFF PERSONNEL TO OPERATE THE REDLFLEX TRAFFIC SYSTEM." ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMENPEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZAND BYRD NONE NONE Item #17: RESULTS OF GARAGE CONVERSION AMNESTY PROGRAM Councilman Pedroza stated he would like a quick report from Director of Development Services Grant Taylor on how successful the Garage Amnesty Program was. And his recommendations. Director of Development Services Grant Taylor stated that it was a six-month program from June 1, 2004 to November 31, 2004. The fees where waved from July 1, 2004 to September 1, 2004. giving residents an opportunity to deconvert their garage conversions back to a garage. The City lost revenue in the amount of $400.00 to $450.00 dollars on the average. The residents took full advantage of more than his department thought the would. As of September 1, 2004 his department issued 121 permits and conducted 68 inspections 30 have received final approval and 26 still have correction that they are waiting on. The total of uncollected revenue is a little over $53,000.00 dollars. His department will be send out reminder notices stating that properW owners must have their permits final by October 1, 2004 if the do not have their permit final by October 1, 2004 they will be referring it to code enforcement and if they still do not have it final by November 1, 2004 they will be prosecuted by the city for misdemeanor prosecution. It was moved by Councilman Pedroza seconded by Councilman Rodriguez and carried to receive and file the report. Item #18: LYNWOOD PARK WATER EXEMPTIONS Councilman Pedroza questioned whether approval of this item could be considered a gift of public funds, and requested the Attorneys legal opinion. After reading the City Attorneys answer Councilman Pedroza is convinced it is not considers a gift of public funds. It was moved by Councilman Pedroza seconded by Mayor Byrd and carried to adopt the following resolution entitled: RESOLUTION NO. 2004.159 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD EXTENDING A TEMPORARY EXEMPTION FOR PARK WATER CUSTOMERS FROM THE WATER USERS TAX IMPOSED UNDER SUBSECTION 6-5.9 OF SECTION 6-5 OF THE LYNWOOD MUNICIPAL CODE ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD RODRIGUEZ NONE Item #19: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP) FOR CONSULTANT SERVICES. Mayor Pro-Tern Vasquez stated that this items is actually a ten year plan by HUD to end Homelessness. Also stated she will be working with Annette Potts on this. Councilman Pedroza recommended that Mayor Pro- Tem Vasquez give a copy of the plan to the City Manager and make sure he follows up on it. It was moved by Mayor Pro-Tem Vasquez seconded by Councilman Pedroza and carried to approve the resolution entitled; RESOLUTION NO. 2004.160 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR PROFESSIONAL SERVICES TO DEVELOP A 5- YEAR CONSOLIDATED PLAN AND FAIR HOUSING ASSESSMENT ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZANDBYRD NONE NONE Item #21: APPROVAL OF THE WARRANT REGISTERS Councilman Pedroza questioned wan'ant number 123532 for U.S.A Waste Management Trash services / replacement check for the amount of $444,001.54. Would like to know what happenED to the first check? Assistant City Manager/Director of Finance & Administration: Alfretta Earnest responded that Waste Management misplaced the lost check and asked for a replacement, and if you notice it is about $29.00 dollars less. The finance removed the amount of stop payment fees from the amount the City owed Waste Management. The payment is for past services that the city did not pay for. And the city audit showed the amount that the city owes Waste Management. The amount that you see is the amount that the City owed. It was moved by Councilman Rodriguez seconded by Mayor Byrd and carried to approve The warrant register RESOLUTION NO. 2004.162 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE" ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NONE NONE Item #22: REQUEST TO DISPOSE OF CONFISCATED CODE ENFORCEMENT ITEMS Councilman Pedroza stated he would like to commend Grant Taylor on an outstanding job with his division, which is code enfomement. They have confiscated so many ice cream trucks, and hot dog stands. He would like to make a recommendation that the dollies be used at the city garage, and the Bar-be-que can be used at parks. Councilwoman Santillan recommended donating some of the items to Rotary Club. Pillows and blankets could go to Mexico. The only thing that she does want destroyed is pirated 350 compact discs and movies. City Attorney Beltran stated for liability proposes whoever takes these goods must agree to release the city from any and all liability and further agrees to indemnify. It was moved by Councilman Rodriguez seconded by Councilman Pedroza and carried to approve for liability proposes whoever takes these goods agrees to release the city from any and all liability and further agrees to indemnify, and to adopt the following resolution entitled: RESOLUTION NO. 2004.163 ENTITLED: "A RESOLUTION OF THE CITY COUNICL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO DISPOSE AND/OR DESTROY VENDOR ITEMS CONFISCATED BY THE CODE ENFORECEMENT DIVISION AND PERISHABLE ITEMS". ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMENPEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZAND BYRD NONE NONE Item #23: REQUEST FOR PARK1NG PERMIT ON FIRST AVENUE BETWEEN AGNES AVE. AND LAVINIA AVE. Councilman Pedroza discussed the outrageous parking situation for the residents of Lavinia and staff is requesting a parking permit program be implemented. Councilman Pedroza recommended a survey be sent to the residents regarding the permit program. Interim City Manager Joseph Wang responded yes that they are doing a survey at this time. Director of Development Services Grant Taylor stated that this item is a request for a parking permit program. What they do is pass out a petition and it requires 75% property owner approval, before staffmoves forward with the parking permit program. There are two programs one on Ernestine and one on Stockwell. Each program provides two parking permits per household and they have to provide proof of residence at that address. There are no guest permits at either location. So If75% or more agree to this petition staffwill bring this item back to Council for formal approval. It was moved by Councilman Pedroza seconded by Mayor Byrd and carried to direct staffto continue and proceed with the petition for parking permit program for Anges Ave. and Lavinia Ave. ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZAND BYRD NONE NONE DISCUSSION ITEMS Item #25: SPECIAL PERMIT REQUEST - TAXI DISPATCH OFFICE Councilman Pedroza questioned what is so wrong with this business that staff is recommending denial Director of Development Services Grant Taylor stated that the applicants began operating a business without a license.. It was moved by Councilwoman Santillan seconded by Mayor Pro- Tem Vasquez to deny the special permit request. ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NONE NONE Item #26: LYNWOOD WOMEN'S COMMISSION CONFERENCE FOR WOMEN Interim City Manager Joseph Wang stated that Council had approved this before and every conference incurs some cost. Staffwants to know if Council wants to support this. The Cost is $7,500 dollars. Mayor Pro- Tem Vasquez stated she would like more information on what this is it about. Interim City Manager Joseph Wang stated that it would be held at Bateman Hall and it will deal with women's issues such as health and other services. Mayor Pro -Tem Vasquez stated that she really gets excited when it comes to these types of programs, because she worked for woman's organization before she went into education, and this offers a forum for a lot to critical issues that women face in the community. This is all about workshops such as financial empowerment, on education, domestic violence, and a host of other topics. Councilwoman Santillan stated the she had a problem with the one in March which was a recognition, and it was during Lunchtime Councilwoman Santillan works, and she made it a big point when she sent Lorry Hempe a very nasty letter. Because Ms. Santillan was being recognized. And this event should be schedule around the time where Ms. Santillan can be present. This event is scheduled from 9:00 a.m. to 2:30 p.m. and she has a problem with the time scheduling and would love to attend however she will not leave work for this Conference. However she will support it but wont be a part of it. It was moved by Councilman Pedroza seconded by Mayor Byrd and carried to adopt the resolution entitled: RESOLUTION NO. 2004.165 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNV~OOD AUTHORIZING THE LYN~VOOD WOMEN'S COMMISSION TO CONDUCT A CONFERENCE FOR WOMEN ON OCTOBER 28, 2004 ROLLCALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMENPEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZAND BYRD NONE NONE Item #27: CITY OF LYNWOOD CO- SPONSORSHIP OF "COLOR ME FREE OF HIV/AIDS" AWARDS CELEBRATION LUNCHEON Councilwomen Santillan questioned the cost? Mayor Byrd responded the donation of the Hall. Interim City Manager Joseph Wang stated that this is just a request to provided the facilities which means the City waives the fees. The City is being asked to be a co- sponsor to honor the congresswoman. Councilman Pedroza questioned which congresswoman? Interim City Manager Joseph Wang responded Juanita McDonald. It was moved by Councilman Rodriguez seconded by Councilman Pedroza to approve a wave the fees. ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZAND BYRD NONE NONE Mayor Byrd rearranged the agenda. Item #29: ST. FRANCIS MEDICAL HEART & VASCULAR CENTER FUNDRAISER. Councilman Pedroza stated that a resident had made a comment that this a vacation when in fact it is a fundraiser. There is a need for the hospital to raise funds for this project. It was moved by Councilman Pedroza seconded by Mayor Byrd and carried to adopt the resolution entitled: RESOLUTION NO. 2004.166 ENTITLED: A RESOLUTION OF THE CITY OF THE CITY OF LYNWOOD AUTHORIZING THE CITY'S PARTICIPATION OF ST. FRANCIS MEDICAL HEART AND VASCULAR CENTER FUNDRAISER. ROLL CALL: AYES: NOES: NONE ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZANDBYRD NONE NONE Item #28: COMMISSIONERS City Clerk Hooper stated that she was instructed by the mayor to bring all the commissions for review. Mayor Pro -Tem Vasquez requested clarification. There are two new Councilmembers that had not had the opportunity to make their appointments, so it is her understanding that those commissioners can be replace. City Clerk Hooper stated that all commissioners serve at Council discretion. Council can remove or move any commissioner at any time. PERSONNEL COMMISSION Mayor Po-Tem Vasquez Councilwomen Santillan Councilman Rodriguez Mayor Pot- Tern Vasquez nominated Betty Jingles. nominated Maria Quinonez nominated Barbara Battle nominated Arselia Villanueva PUBLICSAFETY Councilwoman Santillan nominated Councilman Rodriguez nominated Dion Comelious Gerardo Rayas COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY BOARD Councilman Rodriguez nominated Councilwoman Santillan nominated Mayor Pro-Tem Vasquez nominated WOMENS COMMISSION Councilman Pedroza nominated TRAFFIC~ PARKING COMMISSION Councilman Rodriguez nominated Mayor Pro- Tem Vasquez nominated RECREATION COMMISSION Councilman Rodriguez nominated COMMUNITY AFFAIRS COMMISSION May Pro-Tem Vasquez nominated Councilwoman Santillan nominated PLANNING COMMISSION Councilman Pedroza Councilman Rodriguez Councilwoman Santillan Mayor Pro-Tem Vasquez YOUTIt COMMISSION Edwin Jacinto Jr. Adoplh Lopez Jr. Kimberly Jacinto Marisol Daniels Chery Pena Candice Estrada Joseph Lewis III Richard Esparza Kathleen Merza Cynthia Guitierrez Candice Howards Joe Battle Sylvia Ortiz Martha Saldana Sylvia Herron Martha White Helen Andersen Guillermo Ramirez Georgette Mckinney Esperanza Ramirez nominated Juan Enciso nominated Kenneth West nominated Carlos Manlapaz nominated Lourdes Ramirez A. With respect to every item of business to be discussed in closed session pursuant to section 54957.6: Item//30: CLOSEd SESSION ITEM Council reconvene at 11:40 p.m. CLOSED SESSION It was moved by Councilman Pedroza seconded by Mayor Byrd and carried to recess to Closed Session at 9:30 p.m. The list was agreed upon by Council with the addition of Richard Esparza and Kathleen Merza, and Cynthia Guitierrez. CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Gail L. Black Employee Organization: Lynwood Employees' Association Lynwood Management Group B. PUBLIC EMPLOYEE APPOINTMENT Title: 1. City Manager 2, Director of Finance and Administration C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION ONE (1) CASE City Attorney Beltran stated that the Council met on the aforementioned matters and reported on: A. With respect to every item of business to be discussed in closed session pursuant to section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Gail L. Black Employee Organization: Lynwood Employees' Association Lynwood Management Group Under the discussion of terms of conditions for a possible memorandum of understanding. Staff provided a report but no action was taken. B. PUBLIC EMPLOYEE APPOINTMENT Title: 1. City Manager 2, Director of Finance and Administration This matter was not taken up in closed session. C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION ONE (1) CASE Council reach consensus the five councilmembers agreed further instruction was provided to staff and special council concerning that particular matter. ADJOURNMENT Having no further discussion, it was moved by Councilman Rodriguez, seconded by Mayor Byrd and carried to adjoum the Regular Council Meeting at 12:10 p.m. in memory of Mrs. Bartilled Louis Byrd, Mayor Andrea L. Hooper, City Clerk DATE: TO: FROM: BY: SUBJECT: APPLZCANT: November 16, 200`1 Honorable Mayor and Members of the City Council 3oseph Y. Wang, Interim City Manager Grant Taylor, Director of Development Services APPEAL N~). 2004-0~ (Conditional Use Permit 2004-19) Unauthorized Homeless Shelter 12627 Oak Avenue Clara Howard COMMENTS: For the City Council to conduct a continued public hearing to consider Appeal No. 200,I- 03, a request by Clara Howard appealing the Planning Commission decision to deny Conditional Use Permit No. 200,1-19, to legalize and operate a homeless shelter in conjunction with a church located at 12627 Oak Avenue in the R-3 (Multiple-Family Residential) zone. BACKGROUND & ANALYS%S The subject property is located on the west side of Oak Avenue, between Euclid Avenue and Stockton Street, immediately west of Orchard Avenue. The northerly portion of the property consists of the church, two-stories in height, and a one-story residence located in the City of Lynwood. The southerly portion of the property consists of a parking lot and is within the City of Compton. The subject property is irregular in shape, totals approximately 1/2 acre or 25,284 square feet in area, and is developed with a 4,841 square foot church and an 88,1 square foot dwelling. In addition, meals are being served daily from the applicant's residence at 3263 Euclid Avenue. In 1986 the Lynwood Planning Commission approved a Conditional Use Permit pursuant to Resolution 1092 that permitted a church and preschool operation within a two-story structure. AG.':NDA ITEM H:\WORDF1LE~PLANNYNG\STAFFRPT\appeaI2004-03.cup2004-19. I 1 - 16-04.doc ~/~'~ ~ The building has undergone significant structural alterations with no zoning approval, no previous plan check, no building permits, no building inspections, and has been operating without a business license. There are numerous violations of the Lynwood Municipal Code, California Building Code, Los Angeles County Fire Code and Los Angeles County Health Code. The homeless shelter is located on the second floor of the church and consists of 19 rooms (12 men/7 women), 35 beds (18 men/ 17 women), and two (2) bathroom facilities (men - 2 water closets, 2 showers, and 2 lavatories; women - 1 water closet, 1 bath, and 1 lavatory). The homeless shelter is staffed by six (6) persons, seven days a week, from 9:00 a. m. to 5:00 p.m. The homeless shelter offers sleeping quarters and three (3) meals a day to homeless clients. In addition, the owner/operator resides around the corner on Euclid Avenue and services for homeless persons are provided at the residence. Inspected the subject property on May 12, June 28, July 7, August 18, and November 9, 2004, and found significant noncompliance and code violations. Following is a brief summary. The proposed shelter is not in compliance with Federal Regulations ADA and State Regulations Title 33 with respect to handicap access. In effect, homeless shelters can only be approved for first floor unless an elevator or other means of access is provided. Sixteen (16) Chapters and/or Sections of the California Building Code (CBC) are not adhered to and constitute a hazard to the life, safety, health, and public welfare. Violations of the Los Angeles County Fire Code that constitute an immediate threat to life, safety and welfare of patrons and persons in the vicinity. A series of health issues and concerns were noted by the Los Angeles County Health Department. Several letters were filed with the City of Lynwood concerning the operation and activities surrounding the shelter. The letters are not included as citizens fear retaliation from persons frequenting the shelter. H:\WORDFILEXPLANN~NG\STAFFRPTXappeaI2004-03 ,cup2004-19. l 1-16-04.doc -2- 6. A number of anonymous complaints have been received via telephone. Staff advised the applicant to either close the homeless shelter and comply with the original approval, or submit for a Conditional Use Permit and proceed with remedying Code violations. On .luly 13, 2004 the Lynwood Planning Commission denied Conditional Use Permit No. 2004-19 unanimously. The Planning Commission determined that the property posed a threat to the public health safety and welfare and could not make findings to approve. F'rND'rNGS REQUt'RED FOR GRANTTNG A CONDTTt'ONAL USE PERIq'rT Pursuant to Lynwood Municipal Code (LMC) Section 25-25.7, four (4) findings must be made by the Planning Commission to grant approval of a conditional use permit. Following are the findings in bold and staff determinations. The granting of the proposed conditional use permit will adversely affect the comprehensive general plan. The General Plan land use designation is Multi-Family Residential that is consistent with the subject property that has a R-3 (Multiple Family Residential) zoning. However, Policy LU-1.2 of the Land Use Element of the General Plan calls for nonresidential uses to be compatible with residential uses in a residential district. This policy cannot be carried out by a homeless shelter. That the proposed location of the conditional use is in accord with the objectives of this chapter and the purpose of the zone in which the site is located. The property is adequate in size, shape and area to accommodate a homeless shelter. LMC Section 25-8.1(a)(8) allows the establishment pursuant to a conditional use permit approval. The property has no conditional use permit approval, no business license and multiple code violations. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. H:\WORDFILE\PLANNYNG\STAFFRPTXappeaI2004-O3.cup2004.19.11 - 16-04.doc -3- The Site Plan Review Committee has recommended denial of the application and the Planning Commission denied the project with findings set forth in the attached Resolution. Staff, the Site Plan Review Committee and Planning Commission found that Municipal and Building Code regulations for a homeless shelter are not satisfied. and have determined that, under its present operation, the shelter cannot ensure the life, health, safety, and welfare of the occupants and general public. dB That the proposed conditional use cannot comply with each of the applicable provisions of this chapter. The proposed project is not consistent with LMC Section 25-4 that calls "for group dwellings to be compatible with the neighborhood environment." The homeless shelter is intensive in nature and staff has observed drug use, alcohol use, illegal occupancy and loitering. The owner/operator Clara Howard filed for an appeal that was heard before the Lynwood City Council on August 17, 2004. Ms. Howard and Pastor .1ones assured the City Council that they would work with staff to submit required plans, obtain permits and remedy code violations. Despite staff recommendation to deny the appeal and close the operation due to high fire hazards, the Council granted the applicant a forty- five (45) day extension to make substantial progress toward compliance with building and fire codes. Staff met with Ms. Howard, Pastor .1ones and representatives of the Christ Deliverance Missionary Baptist Church met with staff to review code violations and remedial actions. On August 23, 2004 City staff forwarded a letter to Ms. Howard summarizing code violations and actions necessary to remedy such violations. On October 5, 2004 the applicants submitted plans for building and safety plan check. The plans met zoning standards, however, there were building deficiencies to include structural calculations and building details. The Building Official gave the applicants a correction list and advised them to submit for plan check as soon as possible. On October 13, 2004 the applicants submitted for formal plan check. Staff has not received corrections from the plan check engineer. H:\WORDFILE~PLAIqNING\STAFFRPTkappcaI2004-03 .cup2004-19.11-16-04.doc On November 9, 2004 City staff scheduled an inspection of the premises. The architect, contractor and Pastor .lones were not present. Ms. Howard provided a brief walk through of the property. Other than a few safety actions (i.e. light bulbs in existing exit signs, two (2) fire extinguishers, removal of security doors, and a few battery operated smoke detectors), little progress has been made and the property remains a significant fire and health safety risk. RECOMMENDATTON Staff recommends that the City Council open the continued public hearing, accept oral and written testimony, close the public hearing and deny Appeal No. 2004-03, thereby upholding the decision of the Planning Commission to deny the homeless shelter. Attachments: 3. 4. 5. 6. 7. 8. Project Profile Location Map Resolution of denial City Council Minutes 8/17/04 Letter from Building Official dated 6/29/04 Violation notice from L.^. County Fire Marshall dated 8/18/04 Letter from City staff dated 8/23/04 Plans H:\WORDFILE\PLANNING\STAFFRPTXappeaI2004-03 .cup2004-19. I 1-16~04.doc -5- PRO3ECT PROFZLE APPEAL NO. 2004-03 (CUP 2004-19) 12627 Oak Avenue 1. Source and Authority Lynwood Municipal Code (LMC) Section 25-4 a. and b. sets forth permitted uses and conditionally permitted uses within the R-3 zone; and LMC Section 25-25.7 sets forth required findings for the Planning Commission to grant approval of a Conditional Use Permit. 2. Pronertv Location and Size The subject property is located on the west side of Oak Avenue in the R-3 (Multiple Family Residential) zone. The subject site totals approximately 25,284 square feet in size. The church on the north end of the property is within the City of Lynwood and the parking area on the south end of the property is in the City of Compton. 3. Existino Land Uses The site is developed with a residential dwelling unit, a church, with the homeless shelter on the second floor of the church. Surrounding land uses are as follows: Site Developed North South West East Multiple Family Residential/Single Family Residential City of Compton Multiple Family Residential/Single Family Residential Multiple Family Residential/Single Family Residential 4. Land Use Desionation The subject property has a General Plan Land Use Designation of Multi-Family and the current zoning is R-3 (Multiple Family Residential) that is consistent with the General Plan. The adjoining properties General Plan and zoning designations are as follows: H :\WORDFILE~PLANNING\STAFFRPT~appeaI2004-03 .cup2004-19.11 - 16-04. doc -6- Site General Plan Zoning North Multi-Family Residential R-3 South City of Compton West Multi-Family Residential R-3 East Multi-Family Residential R-3 5. Site Plan Review The Site Plan Review Committee has reviewed the application and recommends denial of the proposed homeless shelter subject to findings in the attached Resolution. 6. Code Enforcement History City of Lynwood staff notified the applicant that any second story in a structure could not be used for a homeless shelter center because second story center cannot compliant with Federal and State requirements for handicap access. The property is inconsistent with the previously approved conditional use permit and there is no business license for the establishment. 7. Public Response Staff received several written complaints and a number of anonymous phone complaints. Residents in the area are afraid of retaliation and have made allegations of drugs, alcohol, gang members, prostitution and loitering. H:\WORDFILE~PLANNiNG\STAFFRPT~appeaI2004~03.cup2004-19.11-16-04.doc -7- LOCATION MAP i CascNo. Appeal No. 2004-03 (Conditional lTse Permit 2004-t9 - Modification) SiteAddrcss: 12627 Oak Avenue Applicant Name: Clara Howard [ ] 300' or [ ] 500' Radius Map RESOLUTION NO. (DENY) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING APPEAL NO. 2004-03 (CONDITIONAL USE PERMIT NO. 2004- 19), A REQUEST TO LEGALIZE A HOMELESS SHELTER IN CONJUNCTION WITH AN EXISTING CHURCH LOCATED AT 12627 OAK AVENUE, ACCESSOR PARCEL NUMBERS 6176-010-020 & 039, IN THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood City Council, pursuant to law, on August 17, 2004 conducted a public hearing on Appeal No. 2004-03 and continued the item for forty-five (45) days to allow the applicants an opportunity to remedy code violations; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 13, 2004 conducted a public hearing on the subject application and denied Conditional Use Permit No. 2004-19- Modification; and WHEREAS, the Lynwood City Council considered all oral and written testimony offered at the public hearings; and WHEREAS, the Development Services Department has determined that the proposal is not categorical exempt from the provisions of the California Environmental Quality Act (CEQA) as potentially significant impacts are present; and WHEREAS, the subject property and use of land pose an immediate and significant threat to the public health, safety and general welfare; and WHEREAS, the applicants have made little or no progress toward complying with code requirements and remedying code violations; and WHEREAS, the Lynwood City Council conducted a duly noticed continued public hearing on November 16, 2004. H:\WORDF ILE~PLANNINGkRE SO S~SO3 016 deny.doc -1- Section 1. The City Council of the City of Lynwood hereby finds and determines as follows: The granting of the proposed conditional use permit will adversely affect the comprehensive General Plan. The General Plan land use designation is Multi-Family Residential that is consistent with the subject property that has a R-3 (Multiple-Family Residential) zoning. However, Policy LU-1.2 of the Land Use Element of the General Plan calls for nonresidential uses to be compatible with residential uses in a residential district. This policy cannot be carried out by a homeless shelter. The proposed location of the condition use is not in accord with the objectives of the zoning chapter and the purpose of the zone in which the site is located. The property is adequate in size, shape and to accommodate a homeless shelter. LMC Secton 25-8.1(a)(8) allows the land use pursuant to a conditional use permit. The property has no conditional use permit approval and no business license. The location of the conditional use and the conditions under it is being operated are detrimental to the public health, safety and welfare and are materially injurious to properties and improvements in the vicinity. The Site Plan Review Committee has recommended denial of the application. City staff, the Site Plan Review Committee, Los Angeles County Fire Marshall and the Los Angeles County Health Department has noted code violations and health concerns surrounding the homeless shelter and determined that under its present operation, the shelter cannot ensure the life, health, safety and welfare of occupants or the general public. The proposed conditional use cannot comply with each of the applicable provisions of the zoning chapter. The project is not consistent with LMC Section 25-4 that calls for group dwelling to be compatible with the neighborhood environment. The homeless shelter is intensive in nature and staff has observed drug use, alcohol use, illegal occupancy and loitering. The applicant has not demonstrated that there is a need for this facility in the area and the facility would serve the needs of Lynwood residents. The applicant has not obtained building permits or inspections. The City of Lynwood did not receive a complete floor plan and description of the proposal until applying for a business license. The applicants had been previously advised that a twenty-four (24) hour operation and rehabilitation facility would not be supported. The applicant did not receive Los Angles County Health Department approval. The City Council offered the applicants forty-five days to comply with code requirements and remedy violations. After sixty (60) days little or no progress has been made. Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby denies Appeal No. 2004-03 (Conditional Use Permit No. 2004-19). Section 3. A copy of the Resolution shall be delivered to the applicant: ADOPTED and DENIED this 16th day of November, 2004 by members of the Lynwood City Council. ATTEST: LOUIS BYRD, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood JOSEPH Y. WANG, Interim City Mgr. City of Lynwood APPROVED AS TO CONTENT: APPROVED ASTO FORM: GRANT TAYLOR Director Development Services Department ARNOLDO BELTRAN, City Attorney City of Lynwood H:\WORDF1LE~PLANNING~RESOS~reso3016 denydoc - 3 - STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for 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: ABSTAIN: 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 Item #13: Lynwood City Council Minutes - 8/17/04 APPEAL NO. 2004-03 HOMELESS SHELTER IN CONJUNCTION WITH A CHURCH AT12627 OAK AVENUE The purpose of this item is for the City Council to conduct a public hearing to consider an appeal filed by Clara Howard requesting that the City Council overturn the decision of the Planning Commission to deny a homeless shelter in conjunction with a church at 12627 Oak Avenue in the R-3 (Multiple-Family Residential) zone pursuant to Conditional Use Permit No. 2004-19 Modification. It was moved by Councilwoman Santillan, second by Councilman Pedroza and carried to open the public hearing. Antoinette Jackson - Spoke on behalf of the homeless shelter, stated that she would like for Council to reconsider approving the homeless shelter and would also like to request an extension to make the necessary corrections for the homeless shelter to be in compliance with the City. Pastor Jones - Spoke on behalf of the homeless shelter, stated that he would like to request the Council to please allow him to make the necessary changes and corrections to the shelter, so it would be able to meet the City's requirements. James Sander - Spoke on behalf of the homeless shelter, stated that he is a construction worker and is trying to help Pastor Jones with the homeless shelter, but would like to request if Council can please give him more time to make the necessary changes and corrections that need to be done. Director of Development Services Grant Taylor - Explained to Council that the applicants would have to hire a legitimate state license architect, there are handicapped requirements, exit and enter accessibility requirements and fire requirements. The plans are not accurate, stated that the Fire Marshall was very disappointed and that if he wanted to he could have the building closed immediately, he felt there was an immediate threat to health safety and welfare. Stated that the church itself is not a problem the problem is the add on homeless shelter. The neighborhood residents are afraid of the homeless men that stay at the homeless shelter there are drags, alcohol and prostitution going on. Staff's recommendation is to deny the appeal. It was moved by Councilman Pedroza, second by Councilwoman Santillan and carried to close the public hearing. It was moved by Councilman Pedroza, second by Mayor Byrd to approve an extension of forty five (45) days for Pastor Jones to provide the Council with a state license architect plan. NOES: ABSTAIN: ABSENT: ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ, BYRD MAYOR PRO TEM VASQUEZ NONE NONE SANTILLAN AND COUi-ITi' OF LO:.:' Al IGELES I DATE ABATED: --_ / / FIOUS~i,]G Al'lO INSTITUTIONS PUBLIC HEALTH PROGRAM AND SERVICES 5050 C:OMMERC;E DRIVE BALDWli i PA, RI ;, CALIFORNIA 91706d 423 (626~ 430-5590 FIELD VISIT REPORT ADDRESS OPERATOR .. ' ' ' OWNER ADDRESS %,,, ¢ ~'- -i, i · At the time of inspection the premises were / were not with applicable Public Health regulations for use as a in compliance DEF',~,RTIvlENT OF HE,':'~L FFt SERVIC;ES DATE: .'__ / / COMPLIANCE DATE: / ., - E~ ~OARDING HOME [] HOTEL I~ CC [] IV11SCELLANEOUS [] HEADSTART © MOTEL [] OTHER [] PRIVATE SCHOOL · COMPUTER NUMBEF,' PN. ACCOUNT NU~IBER [] PHL INVESTIGATION iq PLAN CHECK [] TIME EXTENSION [] VERBAL ORDERS E] ROUTINE REVISIT: [] ABATED [] CLEARANCE REQUEST ~ C()MPLAINT [] INFORMATION [] OUT OF BUSINESS/PULL FILE E~ NEW FACILITY/START FILE [] CHANGE CENTRAL OFFICE FILE [] OTHER -0 76F300V (REV. 11931 R/RD NWOOD C~t~ ~{eet{.9 (~e.gcs 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 June 29,2004 Ms. Clara Howard 3263 Euclid Ave. Lynwood, CA 90262 RE: Helping Hands Shelter 12627 Oak Ave. Lynwood, CA. 90262 Dear Ms. Howard, On Monday June 29, 2004 the above mentioned site was inspected by myself in response to your request to "legalize an existing homeless shelter" operating without the required local approvals, permits and license(s). The scope of my site inspection was to determine all building, electrical, plumbing, and mechanical code violations in order to maintain minimum safety standards within the structure(s) and the related site. For reference purposes, I utilized the plan set you submitted to the planning division for consideration by the Site Plan Review Committee and the Planning Commission. Although, ! must note that the plan(s) were inaccurate with locations and dimensions of nonstructural and structural elements. Based on my site observation of an illegal congregate residence consisting of 19 rooms (12 men / 7women), 35 beds (18 men / 17 women), and 2 bathing facilities (men- 2 waterclosets, 2 showers, and 2 lavatories; women- 1 watercloset, 1 bath, 1 lavatory), the following violations of the code were observed at the time of inspection and must be remedied immediately: · Use and maintenance of a building constituting a hazard to life, safety health and public welfare. CBC section 102 · Unlawful alteration, conversion, and maintenance of a building without permits. CBC section 103 · Illegal change and occupancy ora building contrary to existing classificatiou. CBC Section 109.1 · Inadequate separation of occupancies. CBC section 310.1, table 3b · Lack of minimum access and means of e~'ess. CBC 310.4 · Lack of minimum room dimensions. CBC section 310.6 · h~adequate accessibility for the disabled. Per CBC chapter 11 · Lack of smoke and fire alarums. CBC sections 310.9.1.1, & 310.14.12 · Lack of minimum heating. CBC 310. l 1 · Lack of exits fi'om individual rooms as well as the structure. CBC sections 310.14.2, 310.14.1,310.14.10, chapter 10. · Lack of minimum light and ventilation in guest and habitable rooms. CBC section 1202.1 & 1203.3 · Lack ofminimmn sanitary facilities CBC section 310.5, CPC table 4-1. Should your proposal receive approval from the Planning Commission, the Building division plan check will require a complete and accurate set of plans addressing not only the noted violations but, all code requirements for this type of facility. MICHAEL FRF E M Ai'l,I FIR~ CHIEF FOR~:$TER ~, FIRE WARDEH [ COUNTY OF LOS ANGELES F~R£ DEPARTMENT L'tnwood, C~. 902~2 OFFICIAL INSPECTION REPORT Business Name: Helpin§ Hanes Shelter Business Address: 1267 Oak Ave. Business Phone: Type of Occupancy: Congregate Housing/PA Owner of Building: Ms. Clara Howard Contact Name; Ms. Clara Howard Ms. Howard, Sprinklered: No Area (sqft.): 14,644 Haz-Mat: No Eng. Co: 147 410 Code: 49/13 5yr Sprinkler: On 8-17-04, a fire prevention inspection was made at the above address. Dudng this inspection, fire safety deficiencies were noted. The following are life safety hazards that must be corrected immediately or face closure of your facility; BAR DOORS AT THE TOP OF THE STAIRS SHALL OPEN OUT, NOT IN. CFC1207.2 Swin§ and Opening Force - When required by the Building Code, exit doors shall be of the pivoted or side-hinged swinging type. Exit doors shaft swing in the direction of the path of exit travel when serving any hazardous area or when the area served has an occupant load of 50 or more, The door shall swing to full-open position when an opening force not to exceed 30 pounds s applied. REMOVE DEAD BOLTS FROM BAR DOORS AND INSTALL PANIC HARDWARE. CFC1207.3 Locking Devices - Exit doers shall be openabie from the inside without the use of a key or any special knowledge or effort. Exit door shall not be locked, chained, bolted, barred, latched, or otherwise rendered unusable, PROVIDE SMOKE DECTORS FOR EACH ROOM (We will accept battery operated as a temporary fix until such time as the hard wire type can be insta!led, as per City ol Lynwood Building Inspector). UFC Appendix lA Section 6 Smoke Detectors - Dwe!ling Units and hotel or lodging house guest rooms that are used for sleeping purposes shall be provided with smoke detectors. %he "e!!~ccing listed items are in violation of the !999 Los Angeles Coun*,v Fire Code (1997 UFC), Title 32, ,¢,¢,d/or 2000 National Fire Codes and Standards Ail ,,io!ations ~'~ust be corrected by · EXIT SIGNS. CFC1212, The path of exit travel to and within axils in a buildir~g shall be identified by exit signs conforming to the requirements ¢ the Building Code. Exit signs shall be readily visibie from any direction of approach, Exit signs shall be located as necessary to cleady indicate the direction of egress travel. CFC1212,4. Exit signs shall be internally or externally illuminated. When the face of an exit sign is il!uminated from am external source, it shall have an intensity of not Jess than 5 footcandles from either cf two electric lamps. REMOVE. ALL STORAGE UNDER EXIT STAIRS. CFC1210,3. Storage under stairways - Storage is prohibited under exit stairways. · PROVIDE HANDRAILS FOR STAIRS. UFO Appendix lA Section 22 Stair Construction -. All required stairs shall have a minimum run of 9 inches and a maximum rise of 8 inches and shall have a minimum width of 30 inches exclusive of handrails~ Every stairway shali have at least one handrail. A landing having a minimum 30-inch run in the direction of ~ravel shall be provided at each point of access to the stairway. · INSTALL A SPRINKLER SYSTEM IN THE PART OF THE BUILDING WHERE PEOPLE SLEEP. CBC904.2.9 Group R, Div 1 Occupancies - An automatic sprinkler system shall be installed throughout every apartment house 3 or more stories in height or containing 5 or more dwelling units, every congregate residence 3 or more stories in height or having an occupant Icad or 11 or more. and every hotet 3 or more stories in height or containing 6 or more guest rooms, Residential or quick response standard sprinklers shall be used ir~ the dwelling units and guest rooms portions of the buJldin§. Pcovide proper locking device for all exit doors, throughout. Replace ceiling tiles in housing area and church. · Repair holes in walls in housing area and church. · Provide Occupant Icad sign for church. Your attention to this matter is appreciated. Please contact our office if any questions arise, and make notification when these items have been corrected, t can be reached at 310-603-5258. Faxes Can be directed to 310-603-5222. Sincerely, FIRE INSPECTOR #15B Fire Prevention Division, Area 6 O City oy NWOOD 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (31 O) 603-0220 August 23, 2004 Ms. Clara Howard 3623 Euclid Avenue Lynwood, CA 90262 RE: Helping Hands Shelter & Christ Deliverance Missionary Baptist Church 12627 Oak Avenue Lynwood, CA 90262 Dear Ms. Howard: Thank you for meeting with me on August 19, 2004 regarding Conditional Use Permit No. 2004-19 and Appeal No. 2004-03, a proposal to legalize an unauthorized shelter at the above-identified location. As you know, on August 17, 2004 the Lynwood City Council continued your request to legalize the shelter for a period of forty-five (45) days in order to provide an opportunity to remedy violations and bring the property into compliance with applicable zoning, building and fire codes. It is imperative that you proceed immediately and produce substantial compliance. Following is a brief summary of required actions: Remedy immediate life, health and safety issues by removinq security doors or having such doors open outward, remove locks on security doors, install smoke detectors in each room and habitable area, install exit signs. Hire a State licensed architect/engineer to prepare plans to remedy violations and provide code compliance to include ADA (handicap), fire, and structural standards. Submit two (2) full sets of plans for Building & Safety plan check. The plan check process requires six to eight weeks. You will likely receive corrections that must be promptly made and plans resubmitted. Have a State licensed contractor implement improvements in the approved plans. The contractor shall contact the City to schedule required inspections. All work must receive final approval by the Building Official. · Apply for a City of Lynwood business license. H:\WOR D FILE~PLANNING~STAFFR PT~ltr 12627oak. hon~elessshelter doc 12627 Oak Avenue August 23, 2004 Page 2 The City Council has offered a chance to comply with code requirements and mandatory conditions of approval. If substantial and steady progress are observed the City Council may grant extensions to complete the project. If inadequate or no compliance are observed, the City Council may deny Appeal No. 2004- 03, thereby approving the decision of the Planning Commission to deny Conditional Use Permit No. 2004-19. If your appeal is denied, the City will have no choice but to close the facility. It is imperative that you continue to make progress to remedy violations and bring the property into compliance with code standards. The next hearing before the City Council is tentatively scheduled for Tuesday, October 19, 2004. Staff will confirm the hearing date. Thank you for your cooperation, and if you have any questions or concerns, please don't hesitate to call me at (3:[0) 603-0220, Extension 200. Sincerely, Grant Taylor, D~r~ctor -- Development Services Department City of Lynwood CC: Louis Byrd, Mayor Joseph Wang, Interim City Manager Craig Bragg, Building Official Ed Watson, Fire Marshall Paster Edryn Jones, Christ Deliverance Missionary Baptist Church File - CUP 2004-19 File - Appeal 2004-03 H:\WOR D FILE~LANNING~STAFFRPT~Itr 12627oak. homelessshelter, doc 2 DATE: November 16, 2004 TO: FROM: Honorable Mayor and Members of the City~uncil 3oseph Wang, Interim City Manager ~yI BY: Grant Taylor, Director of Development Services SUB3ECT: SPECZAL PERMIT: Request for Massage License 3100 Imperial Highway, Cart #16 (Plaza Mexico) APPLZCANT: Peter S. One (One Stop Acupuncture Clinic) Comments For the City Council to consider a special permit request from "One Stop Acupuncture Clinic to provide massage services from a push cart within the Plaza Mexico shopping center located at 3100 :Imperial Highway in the CB-1 (Controlled Business) zone. BACKGROUND The subject property is Plaza Mexico, a thirty-six (36) acre shopping center bounded by Imperial Highway to the north; :I-105 (Century) Freeway to the south; Long Beach Boulevard to the east; and State Street to the west. The applicant is requesting approval of a special permit business license to provide acupressure services from a push cart. Acupressure is considered a "massage establishment" pursuant to the Lynwood Municipal Code. On February 3, 2004 the Lynwood Redevelopment Agency adopted Resolution 2004.006 that permitted a maximum of thirty (30) tenant retail carts within Plaza Mexico subject to development standards and conditions of approval. DISCUSSION Resolution No. 2004.006 states that the tenant retail carts shall be for sale of new retail merchandise only. Massage or other personal services was not proposed by Plaza Mexico or included in the resolution. The proposed acupuncture business is inconsistent with. t,%~., ' I A-G 2 NDA tenant retail cart approval and inconsistent with the Lynwood Municipal Code.I I'T~M. ' Lynwood Municipal Code (LMC) Section 4.8.8(m)(1) identifies massage establishments as a use that requires a special permit approved by the City Council. LMC Section 4.26 sets forth requirements and standards for massage establishments to include but not be limited to signs, building code, sanitation, maintenance and permits. LMC Section 4-27 sets forth requirements and standards for massage technicians to include permits, background investigation, and qualifications. RECOMMENDATION Staff recommends that the City Council consider the special permit request, accept testimony from the applicant and interested persons, and deny the Special Permit. Attachments: Photograph Resolution No. 2004.006 H:\WORDFILE~PLANNING\STAFFRPT~ncmo. 31001mperial .cart 16. specialpennit ~assage .dcc RESOLUTZON NO. 2004.006 A RESOLUTt'ON OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVI'NG THE t'NSTALLAT[ON OF RETAIL TENANT CARTS AND KI'OSKS WI'THt'N THE PLAZA MEXt'CO COMMERCt'AL CENTER LOCATED AT 3100 TMPERZAL HTGHWAY t'N THE CB-1 (CONTROLLED BUSTNESS) ZONE,, CI'TY OF LYNWOOD~ COUNTY OF LOS ANGELES~ STATE OF CALTFORNTA. WHEREAS, the Lynwood Redevelopment Agency (the "Agency'3 promotes protecting the health, safety and general welfare of citizens working and residing in the City of Lynwood; and WHEREAS, the Development and Disposition (DDA) agreement between the Developer and Lynwood Redevelopment Agency identifies retail tenant carts and kiosks as permissible; and WHEREAS, the Agency finds and determines the necessity to set forth relevant and applicable standards and requirements; and WHEREAS, the Agency reviewed this application and considered all oral and written testimony offered at a regular meetings of the Lynwood Redevelopment Agency held on January 6, 2004 and February 3, 2004. WHEREAS, the Agency reviewed other cities development standards, process, procedures and fees. Section 1. The Agency hereby approves the request by Plaza Mexico to install retail vendor carts indoors and outdoors and install permanent kiosks at Plaza Mexico provided the following standards and conditions are complied with and maintained at all times: H :\WORDFILE~PLANNING~RESOSkeso. plazamexico carts~ kiosks doc 1) 2) 3) 4) s) 6) 7) 8) 9) Retail vendor carts and kiosks shall only be permitted at large commercial retail shopping centers or redevelopment projects. Retail vendor carts and kiosks shall be subject to Site Plan Review and applicable fee established by City Council resolution. No more than ten (10) indoor carts, ten (10) outdoor carts and ten (10) kiosks shall be installed and maintained. A maximum of thirty (30) structures may be installed and maintained subject to Site Plan Review. The retail carts and kiosks shall consist of the design, style and color on plans and renderings approved by the Agency and shall be consistent with the theme established for the Plaza Mexico project. The retail carts and kiosks shall be maintained in a neat, clean and orderly manner at all times. Such carts and kiosks shall be regularly repaired, painted, stained and shall not fall into disrepair. The retail carts and kiosks shall be located in aisles and/or clusters so as not to obstruct pedestrian access and shall comply with provisions set forth in the Los Angeles County Fire Code. The applicant shall submit such site plan to the Los Angeles County Fire Department for review and approval. The retail carts and kiosks shall sell new retail merchandise only. No used merchandise, weapons, paraphernalia, adult materials, food or beverages shall be sold at any time. Each tenant shall obtain a business license for each separate cart or kiosk prior to installing and operating such retail business structure. Each tenant shall pay a business license fee for each location in compliance with Lynwood Municipal Code Section 4-7(p)(2)(c) or such fee as established by the City Council prior to installing and operating such retail business location. The property owner or tenant shall obtain necessary permits from the Development Services Department, Building & Safety Division prior to installation and operation of such structures. The property owner(s) and tenants shall sign a Statement of Acceptance acknowledging that they have read, understand and will comply with all conditions of approval set forth in this Resolution at all times. H:\WOR~FILE~P LANN~q G~-.ES OS~re~o. plazamexico.car t s~kiosks do¢ adoption. Section 2. This Resolution shall become effective immediately upon its Section 3. A copy of this Resolution shall be forwarded to the property owners. Section 4. The property owners shall comply with all conditions of approval of this Resolution at all times. Failure to comply with such conditions may result in approval of the carts and/or kiosks being revoked or modified at the discretion of the Agency. PASSED, APPROVED, and ADOPTED this 3rd day of February 2004. LOUIS BYRD, Chairman ANDREA HOOPER, Secretary LORRY HEMPE, Executive Director APPROVED ASTO CONTENT: APPROVED AS TO FORM: GRANT TAYLOR, Special Assistant Development Services Department RONALD N. WILSON, Agency Counsel Iq:\WORDFILE~PLAiXlNTNG~RES OS~reso. plazamexico cans&kiosks, doc DATE: TO: FROM: BY: November 16, 2004 The Honorable Mayor and Members of the Lynwoo~t City Council Joseph Wang, Interim City Manager~ /~v,¢ t-~ Grant Taylor, Director of Development Services Jonathan Colin, Business License Manager SUBJECT: SPECIAL PERMIT REQUEST BY THE LYNWOOD ROTARY TO CONDUCT YARD SALE. APPLICANT: Lynwood Rotary Club PURPOSE: The purpose of this item is to have the City Council Review the special permit request submitted by the Lynwood Rotary Club to conduct a yard sale. BACKGROUND: The applicant is requesting a special permit to conduct a yard sale at one of the following locations: Roosevelt Elementary School Ace Lumber Manlapaz Dentistry 10835 Malison Ave 11144 Atlantic Ave 11395 Atlantic Ave The Roosevelt Elementary School is the preferred site, pending approval by the Lynwood Unified School District. DISCUSSION The Lynwood Municipal Code Section 4-8.9 requires a special permit for the sale of personal property in a residential zone, and indicates that yard sales must be conducted during the weekend of a calendar quarter designated. There are four (4) yard sale periods through out the year; specifically, the designated weekends are the first weekend in March, the fist weekend in June, and first weekend in September, and the first weekend in December. The applicant proposes to conduct a yard sale in the designated yard sale weekend of December. Specifically, the applicant will conduct the yard sale two (2) consecutive days, December 4 and 5 2004 from 7:00am to 8:00pm. The applicant will offer for sale items donated by its members. The applicant is exempt from paying a fee based on Lynwood Municipal Code Section 4-[ AG:':NDA 8.9.3 (b), which indicates that bona fide nonprofit organizations are exempt fromm, ITEM payment of the special permit application fee. The applicant is a nonprofit organization domiciled in the city. The organization meets the requirements set forth in the Lynwood Municipal Code Section 4-8.9.3 (b) as exempt from payment of the special permit application fee. RECOMMENDATION Staffrecommends that the City Council approve the special permit. DATE: November 16, 2004 TO: FROM: BY: Honorable Mayor and Members of the City Council Joseph Y. Wang, Interim City Manager Alfretta F. Earnest, Assistant City Manager/Director of Finance Gail L. Black, Personnel Officer SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD EMPLOYEES' ASSOCIATION PURPOSE To have the City Council adopt a comprehensive Memorandum of Understanding (MOU) between the City of Lynwood and the Lynwood Employees' Association. FACTS 1) The current MOU between the City of Lynwood and the Lynwood Employees' Association bargaining group expired on June 30, 2004. 2) Collective bargaining was conducted in good faith between the City and designated representatives of the Lynwood Employees' Association. 3) The features of the agreed upon MOU are as follows: · Term: Two years - 7-1-04 through 6-30-06 · Salary: 5% effective payperiod ending 7-17-04 (one-year only) · Vision co-pay reimbursements up to $30 per calendar year for covered employees plus dependents in March of each year. · Retirement: Language to include continuing feasibility study concerning enhancements through alternative sources. · Salary/Compensation Study: Language to continue feasibility study of salary and compensation survey. ANALYSIS & CONCLUSION Collective bargaining has been conducted in accordance with the provisions of the Myers-Milias-Brown Act. Mutual agreement between the respective parties has been reached. It is in the best interest of the City to approve the agreement. RECOMMENDATION Staff respectfully requests that the City Council adopt the attached resolution approving Exhibit A, "A Resolution of the City Council of the City of Lynwood Adopting a Comprehensive Memorandum of Understanding between the City of Lynwood and the Lynwood Employees' Association and Setting Forth All Terms and Conditions Affecting Wages, Hours and Working Conditions." AG;:NDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING A COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND THE LYNWOOD EMPLOYEES' ASSOCIATION AND SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS WHEREAS, collective bargaining was conducted in good faith by designated representatives of the City of Lynwood and a bargaining team from the Lynwood Employees' Association; and WHEREAS, agreement has been reached between the designated representatives of the City of Lynwood and the Lynwood Employees' Association; and WHEREAS, Exhibit A, the comprehensive Memorandum of Understanding has been agreed to by the representatives of the City of Lynwood and representatives of the Lynwood Employees' Association covering the period of July 1, 2004 through June 30, 2006. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1. The comprehensive Memorandum of Understanding (Exhibit A), which includes all agreed upon provisions and supersedes the previous memorandum between the City of Lynwood and the Lynwood Employees' Association is adopted. Section 2. That relevant resolutions or policies be prepared as necessary to reflect the provisions of the attached comprehensive Memorandum of Understanding, Exhibit A. Section 3. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this __ day of 2004. ATTEST: LOUIS BYRD, Mayor ANDREA L. HOOPER, City Clerk APPROVED ASTO FORM: APPROVED AS TO CONTENT: City Attorney Joseph Y. Wang, Interim City Manager STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) ss. 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. 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 hereby certify that the above and foregoing is a full, true and correct copy of resolution no. on file in my office and that said resolution was adopted on the date and by the votes there in stated. Dated this day of ,2004. ~XRl6~T 4 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL REGARDING LYNWOOD EMPLOYEES' ASSOCIATION 2004-2006 TABLE OF CONTENTS ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XlII ARTICLE XIV ARTICLE XV ARTICLE XVl ARTICLE XVll ARTICLE XVlII ARTICLE XlX ARTICLE XX ARTICLE XXI ARTICLE XXII IMPLEMENTATION .................... 1 EMPLOYEE RECOGNITION .................... 2 CITY RIGHTS ................................ 3 STEP INCREASES .......................... 4 SALARIES/WAGES .......................... 5 STANDBY PAY .......................... 6 BILINGUAL PAY .......................... 7 OVERTIME ............................... 8 TOOL ALLOWANCE ................... 9 UNIFORM AND CLOTHING ALLOWANCE ........ 10 MILEAGE REIMBURSEMENT ............. 11 EDUCATION INCENTIVE PAY ............. 12 - 13 LONGEVITY PROGRAM ............. 14 EMPLOYEE'S INSURANCE COVERAGE .......... 15 SICK LEAVE POLICY .......................... 16-17 HOLIDAYS ................................ 18-19 ACTING SUPERVISORY COMPENSATION ......... 20 RETIREMENT POLICY ..................... 21 CALL BACK PAY ........................... 22 NON-DISCRIMINATION .................... 23 ANNUAL VACATION LEAVE ..................... 24 - 25 MILITARY LEAVE ........................... 26 ARTICLE XXIII ARTICLE XXlV ARTICLE XXV ARTICLE XXVI ARTICLE XXVll ARTICLE XXVIII ARTICLE XXIX ARTICLE XXX ARTICLE XXXI ARTICLE XXXII ARTICLE XXXIII ARTICLE XXXIV ARTICLE XXXV ARTICLE XXXVI ARTICLE XXXVII ARTICLE XXXVIII ARTICLE XXXIX ARTICLE XXXIX ARTICLE XXXX FAMILY CARE AND MEDICAL LEAVE POLICY ......... HOURS OF WORK ............................. ATTENDANCE ............................. GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE BEREAVEMENT LEAVE ....................... EMERGENCY LEAVE ............................ JURY DUTY ................................... SERVICE DISABILITY ........................ NO STRIKE ............................. FULL FAITH AND CREDIT CLAUSE ................. SAVINGS CLAUSE ....................... EMPLOYEE ORGANIZATION DEDUCTION ........... GENDER REFERENCES ....................... LEAVE BENEFIT ACCRUAL RATES ................ LAYOFF .................................. LEAVE OF ABSENCE ............................ ELIMINATION OF EXEMPT STATUS .......... RENEGOTIATION ............................ TERM ................................... 27 - 32 33 34 35 - 37 38 39 40 41 42 43 44 45 46 47 48 - 49 50 51 52 53 ARTICLE I IMPLEMENTATION The wages, hours and conditions of employment that are set forth in this memorandum have been discussed and jointly proposed by and between the Municipal Employee Relations Officer of the City of Lynwood (hereinafter called "City") and representatives of the Lynwood Employees' Association (hereinafter called "Association") and shall apply to all employees of Lynwood working in the classification as set forth herein. The terms and conditions of employment that are set forth in this memorandum have been discussed in good faith betwccn City and Association; and the Municipal Employees Relations Officer agrees to recommend to the Lynwoed City Council that all of the items and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council or where appropriate, in a policy statement. Upon the adoption of such a resolution and/or policy statement, all terms and conditions of this memorandum so incorporated, shall become effective as provided without any further action by either party. ARTICLE II EMPLOYEE RECOGNITION City hereby recognizes the Lynwood Employees' Association as the recognized representative for all membem of the Association to the fullest extent allowable under California law applying to public employees and as further defined in Resolution 82-53, adopted by the Lynwood City Council on April 6, 1982. The Association agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of or by reason of any action that shall be taken by the City for the purpose of complying with this article. The Association is the recognized bargaining unit for all non-fire, non-management hourly or part-time classifications which are hereinafter appreved by the City. It is understood and agreed that all non-management staff within the City Manager's Department; Payroll Analyst and Executive Assistant in the Finance and Administration Department and Pereonnel Analyst I and Office Assistant II in the Personnel Division are confidential positions which are not included in this bargaining unit. ARTICLE III CITY RIGHTS A. It is understood and agrccd that the City retains all of its powers and authority to direct, manage and control to the full extent of the law. Said powers and authority include, but are not limited to, the exclusive rights to: determine its organization; direct the work of its employees; determine the times of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goals and objectives; determine staffing patterns, determine the number and kinds of personnel required; maintain the efficiency of City operations; build, move, modify or close facilities; establish budget procedures and determine budgetary allocations; determine the methods of raising revenue; contract out work; and take action on matters in the event of emergency. In addition, the City retains the dght to hire, classify, assign, evaluate, transfer, promote, terminate and discipline employees. B. In cases of emergency, the City retains its dght to amend, modify or rescind provisions of this memorandum. Such amendment, modification or recession all remain in force only for the period of the emergency. The determination of whether or not an emergency exists is solely within the discretion of the City Council. ARTICLE IV STEP INCREASES Employees are eligible for a step increase upon successful completion of probation and thereafter will be considered on the basis of merit after intervals of one (1) year. Section 1. Any employee hired or promoted to Step A of a different range of pay, shall receive the Step B salary at the successful completion of the probationary pedod. Increases to Step C, D and E within any pay range shall be based en satisfactory job performance by the individual and shall be reviewed at least at the followingfime intervals: Step C - One (1) year after the Step B increase Step D - One (1) year after the Step C increase Step E - One (1) year after the Step D increase Section 2. Employees hired or promoted to any step above Step A shall receive the next step at the successful completion of the probationary period. Other increases within the range shall be followed in the method described in Section 1. Section 3. New employees, as well as current employees accepting another position within the barg.aining unit, shall be appointed at the first step of the salary range to which their class is assigned, except when the education and previous training or experience of a proposed employee are substantially superior to those required o,f~the class and justify a beginning salary in excess of such minimum compensation. Upon recommendation of the department head, the City Manager may authorize an appointment to this position at any higher step. The department head shall submit his recommendation to the City Manager in such form, together with such information as the City Manager may require. The provisions of this article do not apply to those hired or employed on an hourly basis. ARTICLE V SALARIES/WAGES Effective July 1, 2004 all employees covered by this bargaining unit shall receive a 5% across the board increase to base salary. It is understood the above effective date reflects the first full pay period in stated month. 5 ARTICLE VI STANDBY PAY All non-management, except hourly employees, in the Recreation and Community Services and Environmental Services Departments who have experience and training to perform call back duties are eligible for standby duty. When an employee is required to be available for immediate emergency call back at times the employee is not otherwise on duty, the employee shall be compensated at the rate of $20.00 per shift. All employccs dudng the period they are scheduled for such duty shall perform such services as may be designated by the City Manager or his desig~ and shall be available at all times dudng the duty shifts for emergency work. No overtime credit shall be accrued to employees working standby shifts. However, the call back pay provisions, as provided in Article XIX of the Memorandum, apply when an employee on standby is required to retum to work. Effective September 1, 1990 the City shall have one combined standby crew for Environmental Services and Recreation and Community Services call backs. Hourly employees shall not be assigned to standby duty. A standby shift for a working day is hereby fixed as a duty period extending from 5:00 PM to 6:30 AM of the following day. From 6:30 AM on Fridays (4/10 work week), Saturdays, Sundays, and holidays to 6:30 AM of the following day shall be considered as two (2) standby shifts and the employee will be paid $40.00. ARTICLE VII BILINGUAL PAY The City Manager may grant compensation to full-time employees who have passed their initial probationary pedod and PERS eligible hourly employees for using bilingual skills in the course of work, providing that such use is for at least 20% of the employee's working time for either wdtten or oral communication. Employees required to use bilingual skills in the course of their work may request bilingual pay by submitting written justification approved by the Department Head to the City Manager. Those employees approved for bilingual pay shall be required to pass a language proficiency examination. Bilingual pay shall be fifty dollars ($50.00) per month paid on a bi-weekly basis effective the first full pay pedod after the first of the month following the submission of a personnel status form with proper approval. ARTICLE VIII OVERTIME DEFINITION ao Time worked over and above the forty (40) hour work week which the supervisor has determined is required for the employcc to complete assigned work. Time shall be allowed in increments of 114 hour. Hours not worked, such as sick leave, vacation and floating holidays are not counted as time worked when computing overtime. Those holidays identified in Article XV, Section 2, shall be counted as time worked when computing overtime. Call back work incurred at the direction of the Supervisor, Department Head or City Manager wherein City employees are ordered to retum to work for the welfare of the public and the City. Call back time begins from the time the employee reaches the place of employment. Regular standby shifts are not considered overtime and are covered elsewhere in this agreement. Methods of Overtime Compensation An employee who works in excess of 40 hours in a workweek shall receive compensatory time at the rate of 1.5 hours for each hour worked in excess of 40 per workweek to a maximum of 60 hours of compensatory time. An employee has the option of either pay for overtime or accrual of overtime to the maximum hours allowed by marking the appropriate section on the timecard for the payroll pedod dudng which the overtime was worked. Any hours in excess of 60 hours will be paid.. Accumulated compensatory time up to the 60 hour maximum will only be paid as described above or upon termination. Upon ratification, the City will allow for 30 hours of buyback and an additional 30 hours request for buyback in July, 2003. The form will be available in the Human Resources Division. The City reserves the dght to reject a request to take compensatory time if it determines that the absence of the employee at the time requested would unduly disrupt the City's operations. Procedures for Reportin,q Overtime Overtime should be reported as actual hours on the appropriate line provided on the time card, i.e., overtime to be paid or overtime to be accrued. Finance will do all the necessary calculations. Cumulative totals will be reported on the employee's check as is current practi~e. ARTICLE IX TOOL ALLOWANCE Full-time classified employees performing mechanic duties in the Municipal Garage shall receive an allowance for furnishing and using their own tools. The allowance is payable annually in June through payroll. The amount of payment will be calculated at the rate of $40.00 per each full month of employment dudng the previous twelve (12) month period. If the employcc leaves City service prior to the June payment date, the amount of tool allowance will be as accrued with appropriate documentation initiated by the Department pdor to termination of City employment. 9 ARTICLE X UNIFORM AND CLOTHING ALLOWANCE The City shall fumish annually to all hourly recreation employees three (3) shirts and one (1) windbreaker identifying them as City employees. All Natatorium personnel shall be provided with one (1) swimsuit annually to identify them as City employees. The City will furnish Environmental Services Department employees whose duties require uniforms, three (3) uniform changes per week plus two (2) additional laundered shirts per week. The City shall also fumish Crossing Guards three uniform changes per week plus two (2) additional laundered shirts per week. Effective the first pay day in December of 2003, employcc identit'~J below that are required to wear OSHA safety boots/shoes shall receive $75 as a uniform allowance annually. The allowance is taxable and will be included within the employee's paycheck. Positiions are identified herein as follows: Street Maintenance Worker Street Maintenance Lead Worker Sr. St. Maintenance Worker Laborer (Assigned to Street, Water, Right-of-Way, Grounds Maintenance) Water Service Worker Water Service Lead Worker Senior Water Service Worker Electrical Maintenance Worker Park Maintenance Lead Worker Building Maintenance Worker Equipment Mechanic Custodian Public Works Inspector 10 ARTICLE Xl MILEAGE REIMBURSEMENT With the approval of the Department Head and the City Manager, the City will reimburse full-time and hourly employees required to use their personal vehicles for the purpose of conducting City business at the rate contained in the Internal Revenue Service code book. Necessity for and payment of out-of-town mileage must be approved by the employee's supervisor. The employee must document the date, destination and beginning and ending odometer from his vehicle in supporting the request. Said information must be logged on Mileage Claim Form when requesting payment. 11 ARTICLE XII EDUCATION INCENTIVE PAY To encourage employees in undertaking outside study to the end that they may perform their duties in a more efficient manner, a system of education pay, over and above established pay schedules, is hereby established. Effective the first full pay period following ratification, education incentive pay i~'allowable for completed courses of approved subjects at accredited schools, and is fixed at $1.00 per month for each semester unit of credit satisfactorily completed by the employee with a grade of "C" or better. A quarter unit is the equivalent of a semester unit and is compensated at $1.00 per month for each semester unit. Maximum pay is fixed at $150 per month. All courses of study must have prior approval by the Department Head and the City Manager in order to receive education credit. Accredited schools are herein defined as colleges, junior colleges, universities or other accredited schools providing college credit as may be approved by the City Manager. The City will pay up to $100 per month incentive to Civil Engineering Assistants upon certification from the California State Board of Registry as a Certified Professional Engineer (Civil). The City will pay up to $100 per month incentive to Water Service Workers upon receipt of a Grade II Water Treatment Operator Certificate or Water Backflow Tester Certificate and up to $100 per month incentive to Code Enforcement Officers, Building Inspector and Housing Rehabilitation Specialists upon certification from the International Conference of Building Officials as a Building Inspector or from NAHRO as a Construction Rehabilitation Specialist. Suitable wdtten certification from the school or granting agency showing satisfactory completion of each course or program shall be submitted to the Personnel Office for personnel records. Education pay shall commence the first full pay period in the month following the submission of written certification. 12 The City will contribute 100% of the cost of tuition fees for such courses, up to $750 per semester or quarter course while the employee is accruing the $150 per month maximum education incentive pay. The maximum City contribution to cost of tuition and books is $1,500 annually. Tuition Reimbursement Program guidelines are available through the Personnel Division. The provisions of this section do not apply to hourly employees or employees undertaking an approved course during a regular work day or assigned shift. 13 ARTICLE Xlll LONGEVITY PROGRAM A longevity program is hereby established for regular full-time City employccs as follows: 1% of base salary at the end of seven (7) years of service; and an additional 1% of base salary at the end of twelve (12) years of service; and an additional 1% of base salary at the end of seven',ccn (17) years of service; and an additional Effective 7-1-95: 2% of base salary at the end of twenty-two (22) years of service The additional percent(s) to base salary shall be paid on normally assigned position and not any temporary or special assignment. 14 ARTICLE XlV EMPLOYEE'S INSURANCE COVERAGE Effective the first full pay period of the month following ratification of the Memorandum of Understanding the City shall establish the family premium rate for Kaiser coverage as the level of the City's contribution toward any PERS health insurance plan selected by fulltime and PERS eligible part time employees. This contribution will be applied to the premium for the employee. If the employee elecLs dependent coverage, the City will apply the difference if any, between the premium for the employee only and the Kaiser family premium rate towards dependent coverage. The employee must pay the remaining premium for dependent coverage through payroll deduction. Effective January 1, 2000, the City will pay the full cost of dental plan premiums for fulltime and PERS eligible part time employees and their eligible dependents for the duration of this agreement. The City further agrees to enhance the current dental benefits to include a retirement benefit for employees who retire from active City service with at least f'we years tenure with the City. Verification of PERS retirement application will be required. In Mamh of each year the City will reimburse active employees for dental plan deductibles incurred in the previous calendar year. Said reimbursement also applies to hourly employees who are eligible for dental coverage. Effective the first of the month following ratification of the Memorandum of Understanding, the City shall increase the current $10,000 coverage to $20,000 for all fulltime and PERS eligible part time employcc= with the full cost of the premium paid by the City inclusive of a retirement benefit as outlined in paragraph two. Effective January 1, 2000, the City will implement a Vision Plan and pay the full cost of premiums for all fulltime and PERS eligible part time employees and their dependents inclusive of a retirement benefit clause as outlined in paragraph two. Effective Mamh 2005, the City will reimburse employees up to a maximum of $30 per eligible dependent/employee for vision co-payments incurred in the previous calendar year with proper documentation. Effective August 1, 1993 the City shall implement the State Disability Insurence Program with the full cost of such plan to be paid by the employee. Effective January 1, 1999 the City shall pay the entire cost of State Disability Insurance for all unit employees. The City will contribute toward health and dental coverage for all hourly unit employccs who pursuant to PERS regulations are members of PERS and mandated to participate in the PERS health plan. Such benefit shall continue only for such time as PERS requires such a contribution. The City shall provide a flexible benefits plan in accordance with Internal Revenue Code Section 125. The City shall implement an Employee Assistance Program (EAP) with the full insurance premium incurred by the City for full-time and hourly PERS eligible employees. 15 ARTICLE XV SICK LEAVE POLICY Sick leave with pay shall be granted by the City Manager at the rate of one work day for each calendar month of service accrued at 3.69 hours per pay period or prorated if not a full pay period. Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. In no event will sick leave with pay be granted in excess of that which is accrued. In order to receive compensation while absent on sick leave, the employee shall notify his immediate supervisor prior to, or within two (2) hours after the time set for beginning duty, unless notification is physically impractical. A physician's certificate or personal statement will be submitted for absences of 3 days or more. The City may require a physician's certificate and release to return to work whenever there is reasonable doubt as to the employee's ability to perform his duties satisfactorily and safely. The City maintains the right to discipline any employee for excessive absenteeism. Effective January 1, 2000 the City shall implement AB 109, Labor Code Section 233 as required by law. An employee shall be allowed to use in any calendar year sick leave accrued and available in an amount not less than what would be accrued in six (6) months of employment to attend to the illness of a child, parent or spouse of the employee. For purposes of this section, six (6) months sick leave accrual will be based on 13 pay pedods. All conditions and restrictions placed by the City upon the use by an employee of sick leave shall also apply to the use by an employcc of sick leave to attend to an illness of his or her child, parent, or spouse. This section does not extend the maximum pedod of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993, regardless of whether the employcc receives sick leave compensation during that leave. There shall be a sick leave pay off program. This program uses a sick leave limit of ninety-six (96) work days and the frozen amount, if applicable, which consists of sick leave hours earned in excess of 96 work days pdor to July 1, 1974 and retained and frozen as of that date. The method of compensation shall be on a straight time pay basis at the rate of pay in effect at the time of pay off. The pay off program has three elements: resignation or termination and annual compensation. For purposes of the pay off program, retirements are limited solely to regular service (non-disability) retirements. Upon regular service (non-disability) retirement employccs shall receive 50% compensation for unused sick leave hours up to the maximum of the ninety-six (96) work days. 50% compensation shall also be received for the sick leave hours frozen as of June 30, 1974. 16 For purposes of the pay off program resignations and terminations shall exclude terminations for cause and retirements. Upon resignation or termination as specified herein and only after ten (10) years of continuous City service, employees shall be compensated for one-quarter (1/4) of their unused sick leave hours up to the maximum of the ninety-six (96) work days. 25% compensation shall also be received for the sick leave hours frozen as of June 30, 1974. The annual compensation element of the sick leave pay off program provides as follows: 50% of the sick leave earned beyond 96 work days or the frozen amount shall be annually compensated to the employee at the end of each calendar year. The remaining 50% of such excess sick leave remains on the books but shall be used for actual sick leave purposes only and shall not entitle the employee to any additional compensation. Sick leave accrued beyond the 96 work days maximum or frozen amount shall be used pdor to the earlier earned sick leave. 17 ARTICLE XVl HOLIDAYS Section 1. The City and Association agree to incorporate into this Memorandum the following holidays to be eliminated and have floating holidays replace them. The holidays to be eliminated are: Washington's Birthday, Lincoln's Birthday, Columbus Day, Admission Day and Veteran's Day. a) The total number of floating holidays is five (5) with all floating holidays available at the beginning of the calendar year. All floating holidays to be taken off are subject to operational and scheduling factors and must be approved by the employee's supervisor. b) Subject to (c) below, no floating holidays will be available until the successful completion of the odginal probationary pedod. At that time such employees will be credited with a pro-rata portion of the aforesaid five floating holidays based upon the time remaining in the initial calendar year of employment, but in no case less than one day. c) No floating holiday may be carded over to another calendar year. The City Manager may approve deferral as warranted. d) The availability of five (5) floating holidays on January I of each year (in the case of permanent employees) and of a pro-rata portion thereof upon successful completion of the probationary pedod (in the case of new employees) is based upon the assumption that the employee will successfully complete employment with the City for the calendar year in question. If an employee fails to successfully complete employment for the said calendar year, the number of floating holidays available to the employee shall be prorated on the basis of the portion of the calendar year for which the employee was employed by the City. If, under such circumstances, the employee has used more floating holidays than were actually available, the City shall make an appropriate reduction in its payment of final compensation to such employee. e) Effective January 1, 1992 the accrual for five (5) floating holidays for full time employees shall be f'~7 (50) hours per annum based on a 4/10 work schedule. f) In the event the city returns to an 8 hour/5 day work week the accrual rate will reflect such change. 18 Section 2. Employees covered under the Memorandum shall be allowed the following paid holidays: New Year's Day, January 1, Martin Luther King Jr., third Monday in January; Cesar Chavez Day, March 31; Cinco de Mayo, May 5; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September, Thanksgiving Day, fourth Thursday in November; day after Thanksgiving, fourth Friday in November; Christmas Day, December 25. Personal leave day may be taken on any day of the employcc's choosing subject to operational and scheduling factors and must be approved by the employee's supervisor. The Personal Leave day must be taken within the calendar year or it is lost. Employees who terminate without using their personal leave day for that calendar year shall receive payment for this day. When a holiday named in this regulation falls on Sunday, it shall be observed on the following Monday. As the City is currently operated on a flexible work schedule, those holidays which fall on a Fdday in any given year will not be observed by 4/10 employees. Those employees working a 5 day/8 hour (5~8) workweek will be paid for those holidays falling on a Friday. This provision is made with the understanding that the accrual rates for floating and personal leave time (Article XXXVI) will be adjusted annually for 5/8 scheduled employees as warranted to compensate both the 4/10 and 5/8 work schedules on an equal basis. In the event the City returns to a 5/8 work schedule for all full-time employees, those holidays falling on a Saturday will be observed on Friday. The City Manager may determine and approve as warranted the carryover of up to two (2) floating holidays into the following year for full-time employees. Said approved holidays shall be taken no later than June 30 of the carryover year. All requests must be submitted to the City Manager no later than November 1 to be considered. Section 3. a) Effective July 1, 1991 all houdy employees who have attained PERS eligibility shall receive compensation for seven (7) hours in observance of Christmas Day, December 25, annually. b) Effective July 1, 1991 all hourly employees who have attained PERS eligibility shall receive one (1) seven (7) hour paid Personal leave day each calendar year. Personal leave day may be taken on any day of the employee's choosing subject to operational and scheduling factors and must be approved by the employee's supervisor. The Personal leave day must be taken within the calendar year or it is lost. Employees who terminate without using their Personal leave day for that calendar year shall receive payment for this day. Hourly employees who subsequently attain PERS eligibility within said calendar year shall be credited with the Personal Leave day. All other provisions stated in above paragraph shall apply. c) Effective January 1, 1993, all houdy employees who have attained PERS eligibility shall receive compensation for seven (7) hours in observance of Cinco de Mayo, May 5. Section 4. All hourly employees not specifically addressed are excluded from the provisions of this article. 19 ARTICLE XVII ACTING SUPERVISORY COMPENSATION At such time as a supervisory position becomes temporarily vacant for reasons of sick leave, leave of absence or injury on duty status, a civil service employee may be assigned the supervisory duties and designated as "acting"~ Further, at such time a supervisory position becomes vacant on other than a temporary basis as d~_scribed above, i.e., without an incumbent, a civil service employee, who has less than the minimum training or experience requirements for temporary appointment, may be assigned the duties and designated as "acting" upon determination by the department head (or City Manager, if appropriate) that said employee is best qualified to perform all or a substantial portion of the duties of the supervisory position. The selection of the employee for "acting" status shall be within the sole discretion ol~ the department head. Employees acting in a supervisory position shall not be entitled to any additional compensation for doing so unless they work eight (8) or more days in that assignment at which time they shall be entitled to acting compensation retroactive to the first day of that assignment. Such compensation shall continue until such time as the incumbent returns or, in the case of a position being vacant, the employee meets the temporary appointment requirements. Acting compensation is at the step rate in the supervisory position range which exceeds but is closest to the employee's current rate of pay in the permanent position or $150 per month whichever is less. Hourly employees are excluded from these provisions. 20 ARTICLE XVlll RETIREMENT POLICY The City shall pay the employee's contribution of seven percent (7%) for all employees who are required to be members of the Public Employee's Retirement System (PERS). Effective August 1, 1982. Retirement Compensation shall be computed on the employee's one (1) year's highest earnings. The City agrees to amend its contract with PERS to provide credit for unused sick leave effective August 1, 1992. The City agrees to amend its contract with PERS to provide for padty on medical premiums for retirees from the bargaining unit and current employees, effective August 1, 1993. Each employee, eligible for service retirement, may have his/her City paid PERS contribution reported as compensation for all or any part of the twelve month period pdor to his/her service retirement date upon written request to the Director of Finance. Accordingly, PERS contribution will be deducted from employcc's higher based salary. This provision will remain in effect unless otherwise prohibited by PERS law. The City agrees to amend its contract with PERS to increase the 1959 Survivor Benefit from basic level to third level effective October 16, 1992. Effective October 17, 1999 the City amended the PERS contract to provide the 2% at 55 formula. Effective FY 02-03 the City will amend the PERS contract to provide the 3% @ 60 formula with the City paying the additional 1% employee contribution (8%). The City agrees to amend its contract with PERS to increase the 1959 Survivor Benefit from Level 3 to Level 4. This amendment will become effective upon reviewing the actuarial valuation and completing the required resolutions. The City will continue a feasibility study concerning enhancements to the retirement system formula of 3% @ 60 through alternative sources. 21 ARTICLE XlX CALL BACK PaY In the event an employee, including an employee on standby, is called back or required to report to work, such employee shall be paid a minimum of two (2) and one-half hours at the rate of pay applicable under the Fair Labor Standards Act (time and one-half of the regular rate if the hours worked exceed 40 in the work week). Response to further emergency calls within the paid two (2) and one-half hour minimum pedod do not result in additional two and one half hour minimum pedods. Hourly employees are excluded from the provisions of this article. 22 ARTICLE XX NON-DISCRIMINATION It is agreed that neither the City nor the Association shall discriminate against any employee because of race, national origin, age, sex~ Association membership or activity. It is further agreed that neither the City nor Association shall discriminate against any employee because of religion, marital status, political affiliation or a qualified physical or mental disability. 23 ARTICLE XXl ANNUAL VACATION LEAVE The purpose of annual vacation leave is to enable employee annually to return to his work mentally refreshed. All employees in the classified service shall be entitled to annual vacation leave with pay. Employees not eligible for vacation leave with pay are: (1) Employees still serving their odginal probationary pedod in the service of the City; however, vacation credits for the time shall be granted to such employee who later received a permanent appointment. All eligible employees in the first through seventh year of continuous service shall earn vacation credit at the rate of 14 calendar days (10 work days) per year. Beginning with the eight year and through the fourteenth year of continuous service employees shall earn vacation credit at the rate of 21 calendar days (15 work days) per year. Beginning with the fifteenth year of continuous service and thereafter employees shall eam vacation credit at the rate of 28 calendar days (20 work days) per year. Each eligible employee shall be required to have served the equivalent of one year of continuous service in the City in order to be eligible for their full annual vacation leave; provided, however, that after six months of continuous service, they may be permitted to take vacation leave not to ex.cd seven calendar days. In no event, however, will paid vacation be granted in excess of earned vacation credits. Vacation leave must be approved in advance by the Department Head. The times during a calendar year at which an employee may take his vacation shall be determined by the Department Head with due regard to the wishes of the employees and particular regard for the needs of the service. Subject to the provisions of the next paragraph, any employee eligible for vacation credit may. not later than the first day of October of any calendar year, make a request of their Department Head and the City Manager jointly, for permission to defer taking not to ex.cd one week of the vacation time to which they are entitled dudng the year the request is made and filed, to the following calendar year. The Department Head and City Manager, acting jointly, or in their absence, or in case of their inability to act, for any reason, the Acting Head of said employee's department, or the next in authority and the Assistant City Manager, acting jointly, shall, within five days after filing of the request, give the employee written notice of their decision, either to grant or to deny the request. If the request is granted the employee shall be entitled to said one week's vacation dudng the calendar year immediately following the calendar year the employee's request was filed, in addition to any vacation time to which said employee is entitled dudng said calendar year to which the one week has bccn deferred. Under no circumstances, however, may any eml~loyee accrue more than twenty-eight (28) calendar days (20 working days) of vacation leave in one calendar year. 24 The Department Head and City Manager, acting jointly, or in their absence, or in case of their inability to act, for any reason, the Acting Head of said employcc's department, or the next in authority and the Assistant City Manager, acting jointly, shall, within five days after filing of the request, give the employee written notice of their decision, either to grant or to deny the request. If the request is granted the employee shall be entitled to said one week's vacation during the calendar year immediately following the calendar year the employee's request was filed, in addition to any vacation time to which said employcc is entitled dudng said calendar year to which the one wcck has been deferred. Under no circumstances, however, may any employee accrue more than twenty-eight (28) calendar days (20 working days) of vacation leave in one calendar year. Full-time employees eligible for vacation leave must take a minimum of one week of accrued vacation time each time vacation is requested. Deviation from this policy is allowed only with the written approval of the Department Head and the City Manager, acting jointly. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees who successfully complete probatk~n and who terminate employment shall be paid in a lump sum for all earned vacation leave prior to the effective date of termination. Effective January 1, 1992 all hourly employees who have attained PERS eligibility shall receive two (2) seven (7) hour paid vacation days each calendar year. Except for those hourly employees identified above as receiving vacation, employees who work on an intermittent or seasonal basis and all other hourly employees are ineligible for vacation leave. Upon ratification, f~ty (50) hours vacation will be credited (one-time only) to all full-time, non probationary employees. Effective January 1, 2004, fifty (50) hours vacation will be credited (one-time only) to all full time, non probationary employees. 25 ARTICLE XXII MILITARY LEAVE Military leave shall be granted in accordance with the provisions of federal and state law. 26 ARTICLE XXlII FAMILY CARE AND MEDICAL LEAVE POLICY I. STATEMENT OF POLICY In addition to other leaves available under the employee's applicable Memorandum of Understanding and/or City provided leaves of absences, employees may also be eligible for leave under federal and state law. The City will provide family and medical care leave for eligible employees as required by state and federal law, including leaves under the Federal Family Leave Act ("FMLA"), the State of California Family Rights Act ("CFRA"), and Paid Family Care Leave ("PFCL"). An individual who is entitled to leave under the FMLA and the CFRA must take Family Temporary Disability Insurance leave concurrent with leave taken under the FMLA and the CFRA. II. DEFINITIONS In implementing this policy, the following definitions will apply: A. ~12-Month Period" means a rolling 12-month pedod measured backward from the date leave is taken and continuous with each additional leave day taken. B. "Parent" means the biological, foster, or adoptive parent of an employee or an individual who stands or stood in Ioco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. C. "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step-child, a legal ward, a son or daughter of a domestic partner, or a son or daughter who stands in Ioco parentis to that child. D. "Spouse' means a husband or wife as defined or recognized under California State law for purposes of marriage. E. "Domestic Partner" means a partner as defined in Section 297 of the Family Code. F. "Family Member" means a child, parent, spouse, or domestic partner as defined in this policy. G. "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves: 27 1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the sedous health condition, treatment involved, or recovery therefrom); or 2. Continuing treatment by a health care provider: A sedous health condition involving continuing treatment by a health care provider as defined under federal and/or state law. H. "Health Care Provider" is defined pursuant to the FMLA and CFRA. III. REASONS FOR LEAVE Leave is only permitted for the following reasons: 1. The birth of a child or to care for a newborn of an employee or the employee's domestic partner; 2. The placement of a child with an employee in connection with the adoption or foster care of a child by the employee or domestic partner; 3. Leave to care for a child of the employee, spouse or domestic partner who has a sedous health condition; or 4. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; ,5. Leave to care for a parent, spouse, or domestic partner who has a sedous health condition. IV. EMPLOYEES ELIGIBLE FOR LEAVE (Not applicable to PFCL) An employee is eligible for leave if the employee: '1. Has been employed for at least 12 months; and 2. Has been employed for at least 1,250 hours dudng the 12-month period immediately preceding the commencement of the leave. V. AMOUNT OF LEAVE Eligible employees are entitled to a total of 12 workweeks of leave during any 12-month pedod. A female employee has a reasonable leave of absence of up to four months whenever she becomes disabled as a result of pregnancy, childbirth, or related medical conditions. Four months is the maximum allowed for pregnancy-related disability leave. A female employee who is physically and mentally capable of returning to work before the expiration of four months is not entitled to a full four month leave of absence. 28 Notwithstanding any leaves available under this policy, once an employee exhausts all federal and state leaves, and any accrued paid leaves, the employee may apply for an unpaid administrative leave of absence pursuant to Article XXXVI for successive pedods of up to thirty (30) days each up to a maximum of one hundred and eighty (180) consecutive days. The City has the discretion to either grant or deny any request for an unpaid administrative leave. Benefits shall not accrue during the term of an unpaid leave of absence nor does such time count as service time for step increases, seniority or other purposes. A. Minimum Duration of Leave If leave is requested for the birth, adoption or foster care placement of a child of the employee or domestic partner, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse, domestic partner or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. B. Spouses Both Employed by the City In any case in which a domestic partner, husband and wife are both employed by the City and both are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy. VI. EMPLOYEE BENEFITS WHILE ON LEAVE Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage by payroll deductions or direct payments made to these plans. Depending on the particular plan the City will inform you whether the premiums should be paid to the carrier or to the City. Your coverage on a particular plan may be dropped if you are more than 30 days late in making a premium payment. However, you will receive a notice at least 15 days before coverage is to cease, advising you that you will be dropped if your premium payment is not paid by a certain date. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. 29 If an employee fails to retum to work after his/her leave entitlement has been exhausted or expires, the City shall have the dght to recover its share of health plan premiums for the entire leave pedod, unless the employee does not return because of the continuation, recurrence, or onset of a sedous health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the dght to recover premiums through deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.). VII. SUBSTITUTION OF PAID ACCRUED LEAVES While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA, CFRA leave and Paid Family Leave, and may also require an employee to use Family and Medical Care Leave concurrently with a non- FMLA/CFRA leave which is FMLA/CFRA-qualifying. Employer's Right to Require An Employee to Use Paid Accrued Leaves Concurrently With Family Leave Where an employee has earned or accrued paid vacation and/or administrative leave, that paid leave must be substituted for all or part of any (otherwise) unpaid leave under this policy. ' As for sick leave, an employee is entitled and may use sick leave concurrently with leave under this policy if: 1. The leave is for the employee's own serious health condition; or 2. The leave is needed to care for a parent, domestic partner, spouse or child with a sedous health condition, and would be permitted as sick leave under the City's sick leave As for compensatory time, an employee may use compensatory time concurrently with leave under this policy. As a condition of an employee's initial receipt of family temporary disability insurance benefits during any 12 month period in which an employee is eligible for these benefits, the City may require an employee to take up to two weeks of earned but unused vacation leave prior to the employee's initial receipt of these benefits. If the City requires the employee to take vacation leave, that portion of the vacation leave that does not exceed one week shall be applied to any applicable waiting pedod for receipt of family temporary disability insurance benefits. 30 VIII. MEDICAL CERTIFICATION Employees who request leave for their own sedous health condition or to care for a child, parent, domestic partner or a spouse who has a sedous health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to perform the essential functions of his/her position. A. Time to Provide a Certification When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. B. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided. C. Recertification If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a recertification. D. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a sedous health condition, or for pregnancy-disability leave, the employee must provide medical certification that such leave is medically necessary. ~Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. 31 IX. EMPLOYEE NOTICE OF LEAVE Although the City recognizes that emergencies adse which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion; adequately cover the position with a substitute. All notices required under this Policy must be submitted to the department head. X. REINSTATEMENT UPON RETURN FROM LEAVE A. Right to Reinstatement Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater dghts to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA/Paid Family Leave period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee wilt be reinstated on the date agreed upon. If the reinstatement date differs from the odginal agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to retum. B. Employee's Obligation to Periodically Report on His/Her Condition Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. C. Fitness for Duty Certification As a condition of reinstatement of an employee whose leave was due to the employee's own sedous health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. 32 ARTICLE XXlV HOURS OF WORK All classified City employees shall work five (5) eight (8) hour shifts per week, Monday through Fdday, except as designated by other Resolutions and Ordinances enacted by the City Council and by directives of the City Manager acting within the framework of said Resolutions and Ordinances. Resolution 76-86 provides that no hourly person, temporary help or seasonal worker shall work more than 35 hours in any week. Effective immediately upon adoption of the Resolution approving this Memorandum of Understanding, all employees covered by this agreement shall be eligible to work a compressed workweek (4/10 or 9/80) or flexible work schedule as mutually agreed between the employcc and Department Manager and approved by the City Manager or his designee. 33 ARTICLE XXV ATTENDANCE Employees shall be in attendance at their work in accordance with the .rules regarding hours of work, holidays and leaves. If an employee is unable to report to work, he must notify his supervisor in accordance with departmental policy. Failure to do so may result in disciplinary action. Any employee who is unable to report to work for a period in excess of ten (10) working days must be on paid leave status (vacation, holiday or sick leave) or must apply to the Department Head for an unpaid leave of absence. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be deemed a resignation unless an acceptable reason is given. Such notice to return shall be sent by registered mail to the addressee only, return receipt requested. It is the responsibility of the employee to notify the supervisor and the Personnel Department of any change of address or telephone number. ARTICLE XXVI GRIEVANCE AND DISCIPLINARY APPEAL PROCEDURE A "Grievance" shall be defined as a controversy between the City and the Association or an employee or employees covered herein. The provisions of this article do not apply to probationary or in the case of hourly employees, those who have not reached PERS eligibility. A controversy as defined in this article must pertain to any of the following: (I) Any matter relating to working conditions, (2) Any matter involving the interpretation or application of any provision of this Agreement, or (3) Any matter involving the violation of any provision or intent of this Agreement except any articles and provisions which state that they are not subject to this Article. An appeal of a disciplinary action, including suspension, discharge for cause, demotion or disciplinary reduction in pay, shall initially be submitted at Step 3, and contain a succinct written statement of the basis of appeal, within ten (10) working days of the imposition of discipline. All written responses to a disciplinary appeal will specify reasons for the decision and inform the employee of the appeal procedure and applicability of Section 1094.6 of the Cede of Civil Procedure limiting the time within which legal actions must be commenced. There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below. The employee may request the assistance of a representative of his own choosing in preparing and presenting a grievance. Either party to the grievance may invite persons with relevant information to be present. For purposes of this procedure %vorking days" refers to Monday through Thursday, 7:00 AM to 6:00 PM and excludes weekends and holidays. Step 1: An employee's grievance must be orally discussed with the first line supervisor immediately in charge of the aggrieved employee within ten (10) working days after the event giving rise to the grievance, or ten (10) working days after the date that he should have been reasonably expected to have had knowledge of the grievance. The supervisor will give his answer to the employee by the end of the tenth (10th) working day following the presentation of the grievance and the giving of such answer will terminate Step 1. Step 2: If the grievance is not settled in Step 1 and the employee wishes to pursue it further, the grievance will be reduced to wdting by the employee, fully stating the facts surrounding the grievance and/or detailing the specific provisions of this Agreement alleged to have been violated, signed and dated by the employee and presented to the Department Head, or in his absence, his designee within ten (10) working days after termination of Step 1. 35 Wdtten discrimination allegations must contain a description of the purported discriminatory action and the specific basis which is defined by Federal or State law (if. any). A meeting between the employee and his Department Head or, in the Department Head,s absence, his designee may be arranged at a mutually agreeable location and time to review and discuss the grievance. If scheduled, such meeting will take place within ten (10) working days from the date the grievance is received by the Department Head or, in his absence, his designee. The Department Head or, in his absence, his designee will give a written reply by the end of the fifth (5th) work day following the date of the meeting and giving of such reply will terminate Step 2. Step 3: If the grievance is not settled at Step 2, the employee may move the grievance to Step 3 by serving written notice upon the City Manager within ten (10) working days after receipt of the reply in Step 2, or within ten (10) working days after the reply was due, requesting a meeting. Said mccting shall be scheduled within ten (10) working days after receipt of such request. The City Manager or, in his absence, his designee shall provide the employee with a written disposition of the grievance within ten (10) working days after the meeting. The City Manager's decision shall be final and binding, except in disciplinary and discrimination cases as specified below. Step 4: The employee may seek review by the Personnel Board of the City Manager's decision in grievance matters by submitting a written request to the Personnel Department within ten (10) working days from the date of the answer in Step 3. The Personnel Board may grant an informal headng and the Board's role in such matter is advisory only, except that in disciplinary and discrimination cases, the Board shall grant a hearing and the Board's decision shall be final and binding. If an employee has complied with the above steps and requested Personnel Board review in a disciplinary appeal or discrimination allegation, the Board shall hold a hearing within thirty (30) days of the request and take such action as it deems appropriate. It is agreed that neither party shall attempt to influence the Personnel Board pdor to the hearing. Upon conclusion of any investigation or headng, the Personnel Board shall, within ten (10) working days, notify Personnel in writing of its findings and recommendations. ^ copy of such findings shall be transmitted to the affected employee. All costs of representation resulting from this process shall be bome by the party incurring them. 36 No employee shall use City time, staff or materials in the pursuit of a grievance or in response to a proposed or effected disciplinary action, unless he or she has .obtained specific authorization to do so. A grievance or other appeal which is not brought or brought forward within the time limit provided within each of the sections of this article shall be deemed to have been waived and settled, unless such time limit is expressly extended by mutual agreement. Time limits are set forth above and may be extended by a mutual agreement between the parties, but neither party shall be required to do so. Any letter of reprimand that is not included as part of a current progressive discipline matter will be removed from the file of an employee after twelve (12) months, upon wdtten request from that employee to the Human Resources Division. 37 ARTICLE XXVII BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, the Department Head or City Manager may grant a four (4) day bereavement leave with pay. "Immediate Family" is defined as mother or father or grandparents of employee or mate; mate, brother, sister, children or grandchildren of employee. Effective October 1, 1995 all hourly employees who have attained PERS eligibility may be granted a thrcc day bereavement leave with pay under the same provisions as stated above. 38 ARTICLE XXVIII EMERGENCY LEAVE In the event of an emergency, the City Manager may grant the use of a maximum of two days sick leave annually as emergency leave. Application for emergency leave may be under the following conditions: 1) Hospitalization or illness in immediate family (not covered under Labor Code Section 233/Sick Leave and, 2) Death in family not covered by bereavement leave. 3) Other events which preclude the employee's attendance at work and which the Department Head determines constitutes an emergency. If the Department Head denies an employee's request for emergency leave, the employee may request in writing that the City Manager review the request. The City Manager's decision shall be final. Hourly employees are excluded from the provisions of the article. 39 ARTICLE XXlX JURY DUTY The City shall compensate a full-time employee who has bccn called for jury duty. Compensation shall be at the employee's regular hourly rate of pay. The employee shall remit to the City the amount paid by the courts minus any mileage reimbursement. Service on a grand jury is specifically excluded from this article. 40 ARTICLE XXX SERVICE DISABILITY Under the provision of the Worker's Compensation Insurance and Safety Act of California, employees are compensated for injudes sustained in the course of employment, rendering them unable to perform their duties. The City of Lynwood provides full salary continuance for ninety (90) calendar days to an employee who is disabled by injury or illness arising out of and in the course of his duties. Time off work due to an on-the-job injury is not deductible from accumulated sick leave for pedod not to exceed ninety (90) calendar days. Thereafter, compensation shall be only as provided in the Worker's Compensation Insurance and Safety Act. Hourly employees are excluded from the provisions of this article relating to the salary continuance. 41 ARTICLE XXXI NO STRIKE A. Prohibited Conduct Section 1. The Association, its officers, agents, representatives and or members agree that during the term of this Agreement they will not cause or condone any strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform services. Section 2. Any employee who participates in any conduct prohibited in Section 1 above, shall be subject to termination by the City. Section 3. In addition to any other remedies or disciplinary actions available to the City if the Association fails, in good faith, to perform all responsibilities listed below in B. section 1, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Resolution in this Agreement including, but not limited to, right of access, check-off, the use of the City bulletin boards and facilities. B. Association Responsibility Section 1. In the event that the Association, its officers agents, representatives, or members engage in any of the conduct prohibited in A, Section 1, above, the Association shall immediately instruct any persons engaging in such conduct is in violation of this Agreement and unlawful and they must immediately cease engaging in conduct prohibited in A. and retum to work. Section 2. If the Association performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Section 1 above. 42 ARTICLE XXXII FULL FAITH AND CREDIT CLAUSE For purposes of administering the terms and provisions of the various ordinances, resolutions, rules and regulations which may be adopted by the City pursuant to this Memorandum of Understanding, all matters resolved in Memorandum of Understanding for prior years, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and conditions of employment pdor to Myers-Milias-Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this Memorandum of Understanding. 43 ARTICLE XXXIII SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this Memorandum or of such resolution of any kind is at any time or in any way held to be contrary to any law by any Court of proper jurisdiction, the remainder of this Memorandum and the remainder of such resolution shall not be affected thereby and shall remain in full force and effect, ARTICLE XXXlV EMPLOYEE ORGANIZATION DEDUCTION The City shall deduct from the first and second paycheck of each month and remit to the Lynwood Employees' Association all such monies that employees individually and voluntarily authorize in writing, to the extent required by law. Such employee authorizations shall comply with appropriate laws and regulations, and shall be made on a form provided by the City. 45 ARTICLE XXXV GENDER REFERENCES As used in this Agrccment, all references to gender, such as references to "he", "him", and "his" and references to "they", "them" and "theirs", shall apply equally to both sexes. 46 ARTICLE XXXVI LEAVE BENEFIT ACCRUAL RATES The following shall represent leave benefit accrual rotes for full-time classified employees: VACATION VACATION VACATION SICK LEAVE FLOATING HOLIDAYS Effective 1-1-05: 4/10 5/8 80 Hours/year (80/26)= 3.08 hours/pay period 120 hours/year (120/26)= 4.62 hours/pay period 160 hours/year (160/26)= 6.15 hours/pay period 96 hours/year (96/26)= 3.69 hours/pay period 50 hours/year (50/26)= 1.923 hours/pay period Floating Holiday Personal Leave Floating Holiday Personal Leave 50 hours 20 hours 58 hours 20 hours 47 ARTICLE XXXVII LAYOFF The City may separate any employee or class of positions without prejudice, because of the financial or economic condition of the City, reduction of work or the necessity for the position or employment no longer exists. The City shall give such employee not less than thirty (30) days advance notice of separation and the reason therefore. However, no pe,,anent full- time employee shall be separated while emergency, seasonal, probationary, part-time or temporary employees are employed into the same positions according to the needs of the service as determined by the City. The conditions of layoff shall be as follows: PROMOTIONAL EXAMINATIONS. For purposes of layoff, all promotional opportunities will be conducted prior to layoffs proceeding. ORDER OF SEPARATION. The principal criterion used in determining the order of separation and bumping right shall be seniority based on the total years of continuous full-time service and any pdor part-time service as calculated on a pro- rata basis with the City provided the employee presently possesses the skill, ability and qualifications to perform the job. Layoffs shall be in the reverse order as hired. That is, the employee in the affected job class with the least total City service shall be laid off first. Whenever seniority is equal, the following criteda shall be applied in the indicated order: a. Ranking on eligibility list; b. Performance Evaluations; c. Drawing of lots BUMPING RIGHTS. Any full-time employee who has been given notice of lay off may displace another employee in the same job class with less seniority in the same job class, or bump to another class in which they formerly held a permanent appointment and there is an employee with less seniority. It is understood that an employee sccl(ing to bump into a lower class shall first occupy any vacant position before displacing an existing employee. After the City has notified the affected employee of the layoff and the position available to the employee, if any, to bump, he/she must notify the Personnel Officer of his/her intent to exercise the bumping dghts within ten (10) calendar days of the position in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority shall be displaced by the person who is laid off. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her and shall in the same manner be eligible to bump to a position within the City in which he/she formally held a pe,,anent position. 48 APPOINTMENT OF LAID-OFF EMPLOYEES TO LOWER CLASS. Any employee in a represented job class who is scheduled to be 'laid off due to lack of work, lack of funds of elimination of position, may not later than ten (10) calendar days after notice of layoff, request to displace ("bump") an employee in a lower job class within the job series provided the laid off employee has greater overall City service seniority than the employee in the lower job class and is qualified by education and/or experience for such a position. If there is more than one employee who is qualified for such appointment(s), the "Bump" shall be based on seniority with the employee with the highest seniority offered the position first, then the next highest, etc. The City Manager shall approve the appointment of an employee who is to be laid off to a lower class which the employee is qualified without requiring an examination within the job sedes. An employee who has not previously served in the lower class may be required to successfully complete the probationary pedod for the class. If the employee(s) have the same seniority, then the procedure for breaking ties set forth in this article shall apply. The employee displaced as a result of being "bumped' shall be considered as laid off for the same reasons as the person originally displaced and the same displacement rights shall be afforded. o · SALARY PLACEMENT. An employee(s) who accepts an appointment to lower job class as a result of a layoff and/or a displacement ("bump") shall be placed at the step of the salary range which most closely corresponds to, but in no case exceeds, the salary step of the previously held position. 49 ARTICLE XXXVIII LEAVE OF ABSENCE A permanent classif~l employee may be granted an unpaid leave of absence of up to thirty (30) days for medical, personal and other reasons. Pregnancy shall be treated as any other disability, except that beginning with the first day of absence from the job, a total of four (4) months leave time with, and/or without, pay shall be granted if medically necessary to an employee whether on temporary/hourly or permanent status. Additional time will be considered if the employcc remains disabled, and may be authorized subject to the needs of the service as are other disability leaves. Extensions on other leave requests may also be granted for successive periods of up to thirty (30) days each up to a maximum of one hundred eighty consecutive days unless otherwise approved by the City Council. Benef'~s shall not accrue dudng the term of an unpaid leave of absence nor does such time count as service time for step increases, seniority or other purposes. Available compensatory time off and, in the case of a medical leave request, sick leave shall be used prior to the commencement of a leave of absence. All requests for unpaid medical leave must be in writing and submitted for department head and City Manager approval. The City Manager may approve up to 30 days unpaid leave for personal leave requests. All other requests for leaves of absence must be submitted in wdting and be approved by the City Council. Requests for medical leave and extensions of medical leave must be accompanied by a certificate from the employee's physician stating the necessity for the leave or extension. An employee returning from medical leave shall present a certification from the employee's physician stating that the employee is able to return to his/her normal work. The City may, whenever it appears justified, independently verify the physician's statements provided for in this section. During the term of such medical leave the City shall continue to pay the health insurance premiums for the employee only. Upon expiration of an approved unpaid leave of absence the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at the expiration of such leave shall be cause for discharge. Hourly employees are excluded from these provisions with the exception of the pregnancy specification. 50 ARTICLE XXXVIII ELIMINATION OF EXEMPT STATUS Effective July 1, 1982 all full-time employees who are in classifications covered by this Agreement shall no longer be considered "Exempt". All such employees shall be subject to all provisions of this Agreement except that any employee who was hired as an "Exempt" employee pdor to July 1, 1982 and has not completed the probationary period shall be entitled to accrue and use holidays and vacation during such probation. ARTICLE ~OGXIX RENEGOTIATION The parties shall use their best efforts to submit new proposals for a successor MOU by Apdl 2006 and shall begin negotiations by May 1, 2006. The City and Association may agree to meet on an as-needed basis to improve communications and address mutual concerns. 52 ARTICLE XXXXX TERM This agreement is to cover said employees for the pedod from July 1, 2004 through June 30, 2006. 53 DATE: November 16, 2004 TO: Honorable Mayor and Members of the City Council FROM: BY: Joseph Y. Wang, Interim City Manager Alfretta F. Earnest, Assistant City Manager/Director of Finance Gail L. Black, Personnel Officer tC~F~- SUBJECT: A RESOLUTION SETTING FORTH ALL TERMS AND CONDITIONS OF EMPLOYMENT FOR EXCLUDED POSITIONS IN THE LYNWOOD EMPLOYEES' ASSOCIATION PURPOSE To have the City Council adopt a resolution setting forth the terms and conditions of employment for excluded positions in the Lynwood Employees' Association. FACTS 1) The current Memorandum of Understanding (MOU) between the City of Lynwood and the Lynwood Employees' Association expired June 30, :)004. 2) Collective bargaining has been conducted in good faith between the City and the designated representatives of the Lynwood Employees' Association. 3) The excluded positions have been identified as: All non-management staff within the City Manager's Department, Payroll Analyst and Executive Assistant in the Finance and Administration Department and Personnel Analyst I and Office Assistant II in the Personnel Division. 4) The significant features of the agreement are spelled out in a comprehensive Memorandum of Understanding. ANALYSIS & CONCLUSION The excluded positions in the Lynwood Employees' Association have historically had the terms affecting their wages, hours and working conditions tied to the respective bargaining units for annual adjustments. It is in the best interest of the City to continue this practice. RECOMMENDATION: Staff respectfully requests that the City Council adopt the attached resolution entitled, "A Resolution of the City Council of the City of Lynwood Setting Forth All Te~f;~s and Conditions Affecting Wages, Hours and Working Conditions Betwccn the City of Lynwood and the Excluded Positions of the Lynwood Employees' Association." AG;:Ni~,-, RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SETTING FORTH ALL TERMS AND CONDITIONS AFFECTING WAGES, HOURS AND WORKING CONDITIONS BETWEEN THE CITY OF LYNWOOD AND THE EXCLUDED POSITIONS OF THE LYNWOOD EMPLOYEES' ASSOCIATION WHEREAS, collective bargaining was conducted in good faith by designated representatives of the City of Lynwood and a bargaining team from the Lynwood Employees' Association; and WHEREAS, agreement has been reached between the designated representatives of the City of Lynwood and the Lynwood Employees' Association; and WHEREAS, the excluded employees historically have had the terms affecting their wages, hours and working conditions tied to the respective bargaining units for annual adjustments; and WHEREAS, a comprehensive Memorandum of Understanding has been agreed to by the representatives of the City of Lynwood and representatives of the Lynwood Employees' Association covering the period of July 1, 2004 through June 30, 2006. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1. The comprehensive Memorandum of Understanding between the City of Lynwood and the Lynwood Employees' Association, which includes all agreed upon provisions and supersedes the previous memorandums between the City of Lynwood and the Lynwood Employees' Association shall apply to the excluded positions identified therein for the period of July 1, 2004 through June 30, 2006. Section 2. That relevant resolutions or policies be prepared as necessary to reflect the provisions of the comprehensive Memorandum of Understanding to include the excluded positions. Section 3. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this __ 2004. day of ATTEST: LOUIS BYRD, Mayor ANDREA L. HOOPER, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Joseph Y. Wang, Interim City Manager STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) ss. 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. 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 hereby certify that the above and foregoing is a full, true and correct copy of resolution no. on file in my office and that said resolution was adopted on the date and by the votes there in stated. Dated this day of ,2004. DATE: TO: FROM: BY: SUBJECT: November 16, 2004 Honorable Mayor and Members of the City Council Joseph Y. Wang, Interim City Manager Alfretta Eamest, Assistant City Manager/Dir. of Finance Gall L. Black, Personnel Officer ~-' INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY - APPROVAL OF AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES PURPOSE To have the City Council adopt a resolution approving the frith amendment to the joint exercise of powers agreement for insurance and dsk management purposes and appointing representatives to the Independent Cities Risk Management Authority's governing board and its separate dsk management programs, Exhibit A. BACKGROUND The City has been a member of the Independent Cities Risk Management Authority (ICRMA), which is a Joint Powers Authority, since July 1, 1986. The ICRMA provides separate Risk Management Programs for liability, workers' compensation, property and earthquake, health, and other coverage for the 29 Member Cities, some or all of which this City participates in. The Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes (JPA) was last amended in 1998. Since then, the Certificates of Participation (COP) have been retired and, due to the creation of JPA bylaws, other changes are necessary to reflect the manner in which the ICRMA conducts its business. The ICRMA Governing Board, at its mccting on October 13, 2004, approved a Fifth Amended JPA which deletes references to the COP and makes other changes as shown on the "Comparison of 1998 Joint Powers Agreement and October 2004 Amended Joint Powers Agreement," Exhibit B. The Fifth Amended JPA will become effective after it is approved by two-thirds of the ICRMA members. AGENDA ITEM The ICRMA Goveming Board is requesting that this City Council approve the amended JPA by adopting the Resolution which accompanies this staff report. It would also be appropriate to reconfi~,~ the City's appointccs to the ICRMA Governing Board which are currently Mayor Pro Tern Leticia Vasquez as the pdmary Governing Board representative and Gall L. Black and Alfretta Eamest to serve as the alternate and substitute altemate representatives. The Governing Board provides policy direction for all of the ICRMA committees and, among its duties, appoints the General Manager, admits, sanctions and expels members, adopts the budget, approves and amends Program Bylaws, establishes, amends and tew~iinates programs, approves the Memorandum of Coverage, elects members to committees, settles claims and approves dissolution of ICRMA. RECOMMENDATION Staff respectfully recommends that the CityCouncil adopt the attached resolution entitled, aA Resolution of the City Council of the City of Lynwood Approving the Fifth Amendment to the Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes and Appointing Representatives to the Independent Cities Risk Management Authority's Goveming Board and its Separate Risk Management Program" and direct that a certified copy of the Resolution be forwarded to ICRMA's General Manager. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FIFTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES AND APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY'S GOVERNING BOARD AND ITS SEPARATE RISK MANAGEMENT PROGRAMS WHEREAS, the City of Lynwood is a member of the Independent Cities Risk Management Authority (ICRMA) and a signatory to its Joint Exemise of Powers Agreement for Insurance and Risk Management Purposes (JPA); and WHEREAS, the original JPA provided for the issuance of Certificates of Deposit (COP) which have been retired and contained other provisions for the governance of ICRMA; and WHEREAS, the ICRMA's Governing Board has approved a Fifth Amendment to the JPA (Fifth Amended JPA) which deletes references to the COP and makes other changes to the JPA as shown on the "Comparison of 1998 Joint Powers Agreement and October 2004 Amended Joint Powers Agreement" which has been provided to this City Council along with a staff report; and WHEREAS, the Fifth Amended JPA will become effective upon approval by the city councils of two-thirds of the ICRMA members; and WHEREAS, the Fifth Amended JPA and the individual risk management program bylaws require the City Council to appoint an elected official to serve as the designated representative on the ICRMA Governing Board along with an alternate and substitute alternate if the City determines to do so. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine and declare as follows: Section 1. That the City Council of the City of Lynwood does approve the Fifth Amendment to the JPA as recommended for approval by the ICRMA Governing Board and as presented to this City Council; Section 2. That the City Council of the City of Lynwood does hereby appoint Mayor Pro Tern Leticia Vasquez to serve as the primary Governing Board representative and Gall L. Black and Alfretta Earnest to serve as the alternate and substitute alternate representatives. These persons shall also act as the City's representatives to the individual Risk Management Programs in which the City participates. Section 3. That the Mayor is hereby authorized to execute the Fifth Amendment to the Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes. RESOLVED, FURTHER that the appointed city representatives are authorized and empowered to take such action as is deemed appropriate, as provided in the Fifth Amended JPA and the ICRMA Bylaws and the bylaws of the separate Risk Management Programs and such decision(s) shall be binding upon this City. RESOLVED, FURTHER that the City Clerk shall certify to the adoption of this resolution and the same shall be in full force and effect. RESOLVED, FURTHER that a certified copy of this resolution shall be forwarded to the ICRMA, to the attention of its General Manager. PASSED, APPROVED and ADOPTED this __ day of 2004. A'I-I'EST: LOUIS BYRD, Mayor ANDREA L. HOOPER, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Joseph Y. Wang, Interim City Manager STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) ss. 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. 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 hereby certify that the above and foregoing is a full, true and correct copy of resolution no. on file in my office and that said resolution was adopted on the date and by the votes there in stated. Dated this day of ,2004. "EXHIBIT A" FIFTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES This Fifth Amendment To Joint Exercise Of Powers Agreement For Insurance and Risk Management Purposes CAgrccment") is executed by and among the public entities, hereafter referred to as Member or Members, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix "A", which is attached hereto and made a part hereof. This Agreement, dated October 13, 2004, for identification purposes, amends the Joint Exercise of Powers Agreement For Insurance and Risk Management Purposes dated August 12, 1998. RECITALS This Agreement is predicated upon the following facts: The following State laws, among others, authorize the Members to enter into this Agreement: Labor Code Section 3700, permitting a Member to fund its own Workers' Compensation claims; Government Code Section 990, permitting a Member to insure itself against tort or inverse condemnation liability; 147448.4 (MS WORD) 000602--9000 Government Code Section 990.4, permitting a Member to provide insurance and self-insurance in any desired combination; Govemment Code Section 990.6, permitting the proper costs for self- insurance to be charged against each Member and authorizing the Governing Board to make premium payments for such coverage in an amount such Governing Board determines to be necessary to provide such coverage; Government Code Section 990.8, permitting two or more Members to enter into an agrccment to jointly fund such expenditures under the authority of Government Code Sections 6500 et seq.; Government Code Section 6500 et seq., permitting two or more Members to jointly exercise, under an agreement, any power which is common to each of them. NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and agreements set forth in this Agreement, the Members agree as follows: ARTICLE 1. CREATION OF THE INDEPENDENT CITIES RISK 1.1 MANAGEMENT AUTHORITY. Pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title I of the Government Code of the State of California, the 147448.4 (MS WORD) 000602-9000 Members hereby create a public entity, separate and apart from the Members, to be known as the Independent Cities Risk Management Authority, hereinafter referred to as "ICRMA" or the "Authority". Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member. ARTICLE 2. PURPOSE. 2.1 The purpose of creating this Authority is to exemise the powers of the Members to jointly accomplish the following: 2.1.1 Develop effective Risk Management Programs to reduce the amount and frequency of their losses. 2.1.2 Develop Risk Management Programs of insurance to protect Members from the effects of catastrophic or unexpected losses. Such programs shall include, but not be limited to, coverages for losses arising out of Tort Liability, Workers' Compensation, Health Benefits, and the ownership or use of real or personal property. 2.1.3 Design Risk Management Programs of the Authority on a pooled or self-funded basis whereby the Members share some portion, or all, of the costs of the program losses. 147448.4 (MS WORD) 000602-9000 2.1.4 Jointly purchase insurance, excess insurance, or reinsurance and/or develop alternative financial arrangements for the purpose of transferring dsk of loss to commercial insurers. 2.1.5 Assist Members to the maximum extent authorized by law to secure long term solutions enabling the Authority to provide adequate protection to Members against catastrophic, or greater than expected, claims and to attract major reinsurers for the purpose of transferring risk. 2.1.6 Jointly secure administrative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, and legal services when related to any of the other purposes. ARTICLE 3. DEFINITIONS 3.1 The following definitions shall apply to the provisions of this Agreement and the By-Laws of the Authority and Risk Management Programs: 3.1.1 "Agreement" shall mean this Agreement, as it may be amended from time to time, creating the Independent Cities Risk Management Authority. 147448.4 (MS WORD) 000602-9000 3.1.2 "Board" or "Governing Board" shall mean the governing body of the Authority. 3.1.3 "By-Laws" shall mean the rules governing the management of the Authority and each individual Risk Management Program. 3.1.4 "Claim(s)" shall mean demand(s) complying with the requirements of California Government Code Section 910 and made against the Member arising out of occurrences which are Authority's insurance. covered or alleged to be covered by the Memorandums of Coverage, or policies of 3.1.5 "Fiscal Year" shall mean the period of time commencing on July 1 of each year, and thereafter ending on June 30 each following year. 3.1.6 "Governing Documents" shall mean this Agreement, the By- Laws of the Authority and each Risk Management Program, the Memorandum of Coverage and any other document stipulated as a Governing Document in the By-Laws or by action of the Governing Board. 3.1.7 "Insurance" shall mean insurance or reinsurance purchased by the Authority to cover losses for its Members. 147448.4 (MS WORD) 000602-9000 3.1.8 3.1.9 3.1.10 3.1.11 3.1.12 entity authorized Authority, which "Member" shall mean any Municipal Corporation or public to be a member of a Joint Powers is a party to this Agreement and is participating in one or more Risk Management Programs. "Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits provided to the Members. "Program Year~' shall mean a period of time in which each program shall be segregated for ease in determining coverage premiums. "Participation" or "Participating" shall mean a Member has elected to jointly participate in the management of a specific risk and is a member of that Risk Management Program. "Risk Management" shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks. Risk Management includes, but is not limited to, various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self- insured retention levels and the amount of reserves for potential claims. 147448.4 (MS WORD) 000602-9000 3.1.13 "Risk Management Program "shall mean those coverage programs of risk sharing, insurance, and risk management services created by the Authority to manage specific Risk Management Programs, i.e. "Liability Risk Management Program". ARTICLE 4. PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF 4.1 4.2 MEMBERS. Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix "A", and any new members admitted to the Authority pursuant to Article 16. Each Member also represents and warrants that the withdrawal or expulsion of any Member, pursuant to Article 14 or 15, shall not relieve any Member of its rights, obligations, liabilities or duties under this Agreement or the individual Risk Management Programs in which the Member participates. Each Member agrees to be bound by and to comply with all of the terms and conditions of the Governing Documents and any Resolution or other action adopted by the Governing Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents. ARTICLE 5. GOVERNING BOARD. 5.1 The Authority shall be governed by a Governing Board the composition of which shall be set forth in the Authority's By-Laws. Immediately upon admission of a new Member pursuant to Article 16, the Member shall be 147448.4 (MS WORD) 000602-9000 7 entitled to appoint a Representative to the Governing Board and an alternate' Representative and, if desired, a substitute alternate Representative, each of whom shall meet the parameters set forth in the Authority's By-Laws. Decisions of the Member representative, or the Governing Board in his/her absence, shall be binding on the Member. 5.2 The Member Representative and/or alternate Representative or substitute alternate Representative shall be removed from the Governing Board upon the occurrence of any one of the following events: (1) the expulsion or withdrawal of the Member from the Authority; (2)the death or resignation of the Member Representative; (3) the Authority receives the written notice from the Member that the Member Representative is no longer a member of the governing body of the Member or as otherwise provided in the Authority's By-Laws. 5.3 Pursuant to Government Code Section 6505.6, the Governing Board shall designate an officer or employee, or officers and employees, to receive, deposit, invest, and disburse the property of the Authority pursuant to Government Code Sections 6505 and 6505.5. The Governing Board shall fix the amount of the fidelity bond to be filed by such public officer(s) and/or employee(s). ARTICLE 6. BOARD MEETINGS AND RECORDS 6.1 Regular Meetings. The Governing Board and all standing committees shall hold meetings at the location and time set forth in the By-Laws of the 147448.4 (MS WORD) 000602-9000 6.2 6.3 6.4 Authority and each individual Risk Management Program. Ralph M. Brown Act. All meetings of the Governing Board, and appointed committees, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code). Minutes. Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept under direction of the Secretary. As soon as possible after each meeting, the Secretary shall forward copies of the minutes to each Governing Board member. Quorum. A majority of the members of the Governing Board is a quorum for the transaction of business. However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action. ARTICLE 7. OFFICERS. 7.1 The Governing Board shall elect a president, vice-president, Treasurer and Secretary from among its members. The manner of election and term of office of elected officers and their authority and responsibilities shall be as set forth in the Authority By-Laws. If any of the officers cease to be a Member's representative, the resulting vacancy shall be filled as provided in the Authority By-Laws. The Governing Board may appoint such other officers as it considers necessary. 147448.4 (MS WORD) 000602-9000 ARTICLE 8. POWERS. 8.1 The Authority shall have the powers common to its Members and is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this Agreement referred to in Article 2 including, but not limited to, each of the following: 8.1.1 Finance through the issuance of Bonds or other financial instruments of indebtedness, self-insurance reserve funds necessary or convenient for the implementation of this Agreement. 8.1.2 Incur debts, liabilities, and obligations. 8.1.3 Acquire, hold, or dispose of real and personal property. 8.1.4 Receive contributions and donations of property, funds, services, and other forms of assistance from any source. 8.1.5 Sue and be sued in its own name. 8.1.6 Employ agents and employees. 8.1.7 Acquire, construct, manage, maintain, or operate buildings, works, or improvements. 8.1.8 Lease real or personal property, including that of a Member. 8.1.9 Receive, collect, and disburse monies. 147448.4 (MS WORD) 000602-9000 10 8.1.10 Invest money in the treasury of the Authority in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601. 8.1.11 Exercise all other powers necessary and proper to carry out the provisions of this Agreement. 8.1.12 Develop and implement Risk Management Programs. 8.1.13 Jointly purchase for the benefit of Members, insurance, excess insurance, reinsurance, and enter into agreements for the benefit of Members, for the purpose of transferring risk of loss to commercial insurers or reinsurers or other insurance pools. ARTICLE 9. RISK MANAGEMENT PROGRAMS. 9.1 The Governing Board shall establish Risk Management Programs as provided in the Authority's By-Laws. 9.2 No Risk Management Program shall become operational, or possess any authority, until the proposed Risk Management Program By-Laws have been approved by the Governing Board. The voting on the approval of By-Laws shall be restricted to Governing Board Member representatives of the particular Risk Management Program. Approval of the By-Laws and any amendments thereto shall be as provided in the By-Laws of the individual Risk Management Programs. On approval of the By-Laws, the 147448.4 (MS WORD) 000602-9000 11 various Risk Management Programs shall become operational and will have all of the powers specifically delegated to them by the Governing Board. ARTICLE 10. BUDGET 10.1 The Goveming Board shall adopt an annual budget not later than 30 days prior to the beginning of each Fiscal Year. ARTICLE 11. ANNUAL AUDIT AND REVIEW. 11.1 The Governing Board shall cause an annual financial audit of the accounts and records to be made and filed as provided in the Authority's By-Laws and the laws of the State. ARTICLE 12. 12.1 ESTABLISHMENT AND ADMINISTRATION OF FUNDS. Funds of the Authority may be commingled for investment and administration purposes. However, each Risk Management Program shall be accounted for separately on a full accrual basis. 12.2 The Governing Board shall establish the policy for warrants drawn to pay demands against the Authority. 12.3 The coverage for each Program Year of each Risk Management Program shall be as specified in the Memorandum of Coverage or policies of insurance for that Program Year of the Risk Management Program. ARTICLE 13. WITHDRAWAL. 13.1 Any Member which enters a Risk Management Program may withdraw 147448.4 (MS WORD) 000602-9000 12 from that Risk Management Program and may at a later time seek to renew participation in said Program subject to the terms and conditions as set forth in the By-Laws of that particular Risk Management Program. 13.2 A Member is no longer a party to the Authority or this Agreement upon its withdrawal from all of the Authority's Risk Management Programs. ARTICLE 14. EXPOLSlON. 14.1 The Governing Board may expel any Member from the Authority and/or from a Risk Management Program at any time for material breaches of the Governing Documents. Such expulsion shall be as provided in the By- Laws of the Authority or each Individual Risk Management Program. ARTICLE 15. TERMINATION. 15.1 This Agreement shall continue until terminated by vote or written consent of two-thirds of the Members provided, however, that this Agreement and the Authority shall continue to exist for the purposes of disposing of all claims, the distribution of assets, and any other functions necessary to conclude the affairs of the Authority. 15.2 Upon termination of this Agreement, all assets of the Authority shall be distributed only among the Members that have been participants in its Risk Management Programs, including any of those Members which previously withdrew or were expelled pursuant to Articles 13 and 14 of this Agreement, in accordance with and proportionate to their net premium payments made during the term of this Agreement. The Governing Board 147448.4 (MS WORD) 000602-9000 13 shall determine such distribution within six months after the last claim covered by this Agreement has been finalized. 15.3 The Governing Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. These include the power to require those Members which were Risk Management Program participants at the time of any particular occurrence which was covered or alleged to be covered under the Memorandum(s) of Coverage or policies of insurance to pay their share of any additional amount of premium deemed necessary by the Governing Board for the final disposition of all claims and expenses associated with such loss. ARTICLE 16. NEW MEMBERS. 16.1 Any governmental agency, organized and operating under the laws of the State of California which is authorized to participate in a joint powers authority under the Government Code may become a member of the Authority by complying with the requirements of the Authority By-Laws. ARTICLE 17. LIABILITY OF THE AUTHORITY. 17.1 Each Member agrees to indemnify, save and defend the Authority and all other Members harmless from and against all claims, losses, and damages, including legal fees and expenses, arising out of any breach or default on the part of such Member in performance of any of its obligations under this Agreement, or any act or negligence of such Member or any of its agents, contractors, servants, employees or licensees with respect to 147448.4 (MS WORD) 000602-9000 14 this Agreement. No indemnification is made under this Section for claims, losses or damages, including legal fees and expenses, arising out of the willful misconduct, negligence or breach of duty under this Agreement by the Authority or a Member or their officers, employees, agents or contractors. 17.2 The Representatives to the Governing Board and to each of the Risk Management Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement. 17.3 Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority and any member of the Governing Board, any member of a Risk Management Program, and any employee of the Authority for their actions taken within the scope of their duties while acting on behalf of the Authority. Nothing herein shall limit the right of the Authority to purchase insurance to provide such coverage as is hereinabove set forth. ARTICLE 18. NOTICES. 18.1 Notices to each Member under this Agreement shall be sufficient if mailed to its respective address on file with the Authority. Any Member may designate any other address in substitution of the foregoing address to which such notice will be given at any time by giving five days written 147448.4 (MS WORD) 000602-9000 15 notice to the Authority and all other Members. ARTICLE 19. AMENDMENTS TO THIS AGREEMENT AND PROGRAM 19.1 BY-LAWS. This Agreement may be amended at any time by vote of two-thirds of the Members acting through their governing body. Amendments to the individual Risk Management Program By-Laws require the two-third vote of the Governing Board members representing Members of that Risk Management Program. ARTICLE 20. SEVERABILITY. 20.1 Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby. ARTICLE 21. AGREEMENT COMPLETE. 21.1 The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. 147448.4 (MS WORD) 000602-9000 16 ARTICLE 22. 22.1 TERM OF AGREEMENT. This t'dth amended Agreement shall become effective upon the Authority receiving notice of the approval by the governing body of two-thirds of the Members. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of By Title Executed before me this day of City Clerk City of ,200__ (City Seal) 147448.4 (MS WORD) 000602-9000 17 APPENDIX "A" INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY MEMBER CITIES 1. Alhambra 2. Arcadia 3. Azusa 4. Baldwin Park 5. Bell 6. Buena Park 7. Chino 8. Colton 9. Culver City 10. Downey 11. El Monte 12. El Segundo 13. Fullerton 14. Glendora 15. Hawthorne 16. Hermosa Beach 17. Huntington Park 18. Inglewood 19. La Habm 20. Lynwood 21. Manhattan Beach 22. Monmvia 23. Monterey Park 24. Redondo Beach 25. San Fernando 26. South Gate 27. Upland 28. Vernon 29. Whittier 147448.4 (MS WORD) 000602-9000 "EXHIBIT B" ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Opening States agreement is executed by States agreement is executed by public paragraph Municipal Corporations, referred entities, referred to as "Member or to as "Member Cities" Members" Recital A. ,v Reference to Member or Members being organized and existing under laws of State of California incorporated into opening paragraph instead of under "Recitals" heading. Recital B. 1-6 Recitals 1 through 6. Same as prior State Laws Agreement except substitutes "Member" for" Cities." Paragraphs in Proposed Amendment are numbered differently. "Member Cities" replaced in Proposed Amendment by "Member or Members" Article I Includes provisions that: Article 1.1. Same as Article I, except Creation of (1) Member City may separately these provisions were omitted from ICRMA contract for or assume proposed amendment. responsibility for specific debts, ~ liabilities, or obligations of Authority. (2) Pursuant to Govt code 6509 Authority shall be restricted in exercise of powers in same manner as City of Manhattan Beach is restricted; or if Manhattan Beach ceases to be Member City, then Authority shall be restricted in exercise of power in same manner as City of San Fernando; if City of San Femando ceases to be a Member City, Governing Board shall designate appropriate Member City. 149402.1 000602-9000 09/20/2004-5:27 pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article II. Article 2.1.1 through 2.1.3. Same as Purpose prior Agreement A.-C Article II. Article 2.1.4. Same as prior Agreement, Purpose except adds authorization to "Jointly D purchase insurance..,and/or develop alternative financial arrangements for the purpose of transferring risk of loss..." Article II. Provides for Membex Cities to Article 2.1.5. Omits language regarding Purpose secure long-term fmancial base Certificates of Participation. States E. from issuance of Certificates of instead, "Assist Members to the Participation, revenues from maximum extent authorized by law to which will be used for secure long term solutions enabling the establishing financial reserves to Authority to provide adequate protection enable Authority to provide to Members" against catastrophic claims protection to Member Cities and to attract major reinsurers for against catastrophic claims and to purpose of transferring risk. attract major reinsurers for purpose of transferring risk. Article II. Article 2.1.6. Same as prior )kgreement Purpose except adds "Jointly secure F. administrative and other services including...general administration, underwriting, risk management...." Article III. Agreement Articles 3.1.1 - 3.1.5. Same as prior Definitions Board or Governing Board Agreeanent. A. - C. By-Laws Article III. Claim(s) Article 3.1.4. Adds: "'Claim(s)' shall Definitions mean demands complying with the D. reauirements of California Government Code Section and made against the Member arising out of occurrences..." 149402.! 000602-9000 09/20/2004 - 5:27 pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article III. Fiscal Year Article 3.1.5. Same as prior Agreement. Definitions E. Article III. Provides: "'ICRMA'" shall mean "ICRMA" is defined in Article 1.1. Definition F. the Independent Cities Risk Management Authority created by this Agreement" "Governing Documents" not Article 3.1.6. Provides: '"Governing defined in proposed Agreement. Documents' shall mean this Agreement, the By-Laws of the Authority and each Risk Management Program, the Memorandum of Coverage and any other document stipulated as a Government Document in the By-Laws or by action of the Governing Board." Article llI. Insurance Article 3.1.7. Same as IILG. except Definition G. adds that "'Insurance' shall mean insurance or reinsurance purchased by Authority..." Article III. Defines "Member City" as any Article 3.1.8. Defines "Member" as any Definition H. Municipal Corporation or any Municipal Corporation or public entity Joint Powers Authority whose authorized to be a member of a Joint membership consists only of Powers Authority, which is a party to Municipal Corporations, which is this Agreement a party to this Agreement Article III. Memorandum of Coverage Articles 3.1.9 - 3.1.11. Same as prior Definition Agreement. I. Article Ill. Program Year Article 3.1.10. Omitted "usually twelve Definition months" in definition of program year. J. 149402.1 000602-9000 09/20/2004-5:27pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authorily By- Agreement Laws Section Article Iff. Participation Article 3.1.11. Same as prior Definition Agreement. K. Article IlL Risk Management Article 3.1.12. Same as prior Definition agreement, except adds that Risk L. Management includes "but is not limited to" various methods of funding claims payments, etc. Article m. Risk Management Program Article 3.1.13. Same as prior Definition Agreement. M. Article IV. Article 4.1. Same as prior agreement, Parties to except adds at end of paragraph, Agreement "...rights, obligations, liabilities, or duties under this Agreement or the individual Risk Management Programs in which the Member participates." Article 4.2 added. "Each Member agrees to be bound by and to comply with all of the terms and conditions of the Governing Documents and any Resolution or other action adopted by the Governing Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents." 149402.1 000602-9000 09/20/2004-5:27pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article V. Provides that Authority shall be Article 5.1. Provides that Authority Article 5.1 - Governing governed by a Governing Board shall be governed by a Governing Board Governing Board comprised of one Representative "the composition of which shall be set Board from each Member City and sets forth in the Authority's By-Laws." Also forth terms for appointment of provides that New Member admitted same and of alternate pursuant to Article 16 shall be entitled to Representatives and substitute appoint Representative and alternate alternate Representatives by Representative per Authority By-Laws. Cities and voting. Article V. Provides in part for Member City Article 5.2. Section is same as in prior Governing Representative's (+ alternate's, agreement, except this language re City Board and substitute alternate's) Representative's removal from second ¶ removal from Governing Board if Government Board was omitted. Authority (1) receives written ~ notice from Member City of the removal of the Member City Reoresentative or alternate Representative or substitute alternate Representative. Article V. Provides Member City ~ This language was omitted from Governing Representative, alternate or proposed Amendment. Board substitute Representative are not third ¶ entitled to compensation; however, Governing Board may authorize reimbursement may authorize reimbursement of expenses. Article V. Article 5.3. Same as prior agreement, Governing except instead of "The Authority shall Board fix the amount of the fidelity bond...', it fourth ¶ reads, "The Governing Board shall affix the amount of the fidelity bond..." Article VI. States Governing Board shall Article 6.1. Refers to By-Laws for Article 5.2 - Regular hold at least one regular meeting location and time for Governing Board Meetings of the Meetings each quarter of each year. Date, and all standing colxaifittees to hold Governing A. place and time to be fixed by meetings. Board Governing Board resolution. 149402.1 000602-9000 09/20/2004- 5:27 pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article VI. Provides "Each meeting of Article 6.2. Same as prior agn:ement, B. Governing Board" to be except provides that "All meetings of Ralph M. conducted in accordance with the the Governing Board, and appointed Brown Act Ralph IV[ Brown Act. committees" be conducted in accordance with the Ralph M. Brown Act. Article VI. Article 6.3. Same as prior agreement, C. Minutes except omits provision that Secretary forward to each Governing Board member and each City Clerk copies of the minutes. Article VI. Article 6.4. Same as prior agneement. D. Quorum Article VII Provides that Governing Board Article 7.1. Provides that the Governing Article 6 - Officers shall elect president and vice Board shall elect a President, Vice- Officers of the president; provides for filling of president, Treasurer and Secretary, and Governing vacancy in the event the the manner of election, term of office of Board president or vice present ceases elected officers, their authority and 6.1 - 6.4.5 to be a member; provides that responsibilities, and filling of vacancy of vice president act in president's any officer who ceases to be a Member's absence or president's inability to representative shall be set forth in act, and provides for appointment Authority By-Laws. of secretary and treasurer and other officers Governing Board considers necessary. Article VIH. Finance through issuance of Article 8.1.1. Same as prior agreement, A. Certificates of Participation except instead of"Certificates of Powers Participation," provides for Finance through issuance of "Bonds or other financial instrument of indebtedness." Articles vm. Articles 8.1.2 - 8.1.13. Same as prior B. - M. agreement. Powers 149402.1 000602-9000 09/20/2004 - 5:27 pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article IX Provides that Governing Board Article 9.1. Refers to By-Laws for Article 13 first ¶ shall by resolution establish a establishment of Risk Management Risk Risk Risk Management Program for Programs. Management Manage- each Coverage Program Programs merit implemented by Authority. Programs Article IX Provides for a two-thirds vote of Article 9.2. Provides that "Approval of Article 13 second ¶ members of Governing Board the By-Laws and any amendments Risk Risk representing cities which are thereto shall be as provided in the By- Management Manage- members of a particular Risk Laws of the individual Risk Programs ment Management Program for Management Progran~" Programs approval of proposed Risk Management Program By-Laws Article IX Provides that when entering into Article 9.2. This provision was omitted second ¶ transactions authorized by from proposed amendment. Risk Government Board, the Risk ~ Manage- Management Program shall use merit the Risk management Program Programs rifle and refer to Authority, i.e., contract entered into by Workers' Compensation Risk Management Program of ICRMA. Article X. Provides that each Member City This provision was omitted from [Addressed in Member City participat'mg in Risk proposed amendment. By-Laws for Respomi- Management Program has *~ Separate Risk bilities (Risk responsibility to: (A) Appoint or Management Manage- remove its member of Governing Program] ment Board, (B) Appoint or remove its Programs) member to the Risk Management Program(s), and (C) Approve amendments to this Agreement. Article XI. Article 10. Same as Article XI in prior Budget agreement. 149402~1 000602-9000 09/20/2004 - 5'27 pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article XII. Requires Governing Board to Article 1 l. Refers to By-Laws for Article 8. - Annual cause an annual financial audit of annual financial audit. Financial Audit Audit and accounts and records and Review includes requirements for preparation and filing of same. Article XIH. Article 12.1. Same as Article XIII in first ¶ prior agreement. Establish- ment and Adminis- la'at'ton of Funds Article XIH. Provides warrants to pay Article 12.2. Provides that Governing second ¶ demands against Authority to be Board shall establish policy for warrants Establish- signed by both President, drawn to pay demands against merit and Secretary or Treasurer or an Authority. Admini~- agent, employee or general tration of manager of Authority. Funds Article XIII. Provides that subject to approval Article 12.3. Same as third ¶ of Article third ¶ by Governing Board, Member XIII, except this provision was omitted Establish- City shall have ability to from proposed amendment. ment and determine in which Risk ~ Adminis- Management Program(s) it tration of wishes to participate. Funds Article Article 13.1. Same as Article XIV.A, X1V. A. except provides that Member "may at a Withdrawal later time seek to renew participation in said Program...." Article Article 13.2. Same as Article XIV.B. X1V.B Withdrawal 149402.1 000602-9000 09?20/2004 5:27 pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article Provides that any Member City Article 13.1. Provides that a Member [Addressed in XIV.C. which withdraws fi.om any Risk withdrawing from a Risk Management By-Laws for Withdrawal Management Program pursuant Program may seek to renew Senarate Risk to XIV.A. shall not be permitted participation subject to terms set forth in Manaeement to renew participation in that the By-Laws of the Risk Management Program] Risk Management Program until Prograr~ expiration of 3 years fi:om date of withdrawal. Article XV. Article 14.1. Same as XV first ¶, except Section 13.5 - fntst ¶ provides that Governing Board may Program Expulsion expel "any Member fi'om the Authoriw Withdrawal or and/or fi.om a Risk Management Expulsion Program for material breaches of the Governing Documents." Refers to By- Laws of Authority or each individual Risk Management Program. Article XV. Provides withdrawal or expulsion This provision is addressed in Article second ¶ of any Member City after 4._..[1. Expulsion inception of its participation in a Risk Management Program shall not terminate its responsibility for years that Member City participated in any Risk Management Program. Article XVI. Provides in part that Agreement Article 15.1. Same as XVI, fast ¶, fu'st ¶ cannot be terminated until such except this provision was omitted fi.om Termination time as all principal for proposed amendment. Certificates of Participation shall ,~ have been retired. Article XVI. Articles 15.2-15.3. Same as XVI., second and second and third ¶s. third ¶s Termination 149402.1 0110602-9000 09/20/2004 - 5:27 pm ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article XVII. Provides that with approval of Article 16. Refers to By-Laws for new Article 4 New two-thirds of Governing Board, member requirements. Member Members any qualified city which is Entities member of Independent Cities Association, may become a party to this Agreement; city must present City Council resolution approving Agreement; date applying city will become Member City to be determined by Governing Board. Article Articles 17.1-17.3. Same as XVIH. XVIII. Liability of the Authority Article XIX. Provides that notices shall be Article 18. Provides that notices to each Notices sufficient if delivered to office of Member shall be sufficient "if mailed to City Clerk of Member Cities. its respective address on file with Authority. Any Member may designate any other address in substitution of the fore~,oin~ address...by giving five days written notice to the Authority and all other Members". Article XX. Provides amendment by vote of Article 19. Provides for amendment to Amendments two-thirds of Member Cities Agreement by vote of two-thirds of to this acting through their City Council Members acting through their governing Agreement body. Also provides for amendment to and Program individual Risk Management Program By-Laws By-Laws by vote of two-thirds of Governing Board members representing Members of that Risk Management Program. Article XXI. Article 20. Same as XXI. Severability Article XXII. Article 21. Same as XXII. Agreement Complete 149402.1 000602-9000 09/20/2004 - 5=27 pm 10 ICRMA - Proposed Changes to Joint Powers Agreement Existing Joint Terms in Existing Joint Powers Terms in Proposed Amendment to Joint Article of Powers Agreement (Dated 8/12/1998) Powers Agreement (Draft of 9/17/2004) Authority By- Agreement Laws Section Article Provides amended Agreement to Article 22. Same as Article xxm, xxII[ be effective upon Authority except provides amended Agreement to Term of receiving notice of approval by be effective upon Authority receiving Agreement City Council of two-thirds of notice of approval by ~overnin~ body of Member Cities. two-thirds of the Members. 149402.1 000602-9000 09/20/2004 - 5~27 pm 11 §~o~§~o ~o ~o ~o~o~§~ A~2NDA ! Date: November 16, 2004 To: Honorable Mayor and Membb~ ~of the .C_,;~y C~un~ Joe Wang, Interim City Man~ Subject: Park and Public Facilities ff~ecu ty Services PURPOSE To provide the City Council with options relative to the level of coverage provided for parks and public facilities as well as to appropriate the necessary funding to cover the cost of services for the balance of the current fiscal year. BACKGROUND A key element in the provision of quality parks and public facilities is that of making them safe for citizens to utilize. Beginning during the 1997/98 fiscal year the City Council appropriated funds to provide for specific security services directed towards the supervision of City of Lynwood owned parks and public buildings. These services have been provided by both private vendors as well as by the Los Angeles County Sheriff Department. FACTS · During budget meetings beginning in May, 2004 the City Council directed staff to seek out private vendors in an effort to locate a more cost effective provider for the park and public facilities security services. Through this process the desire of the City Council was to enhance services with the same basic budget parameters that were being expended with the contract with the Los Angeles County Sheriff Department. · At the regularly scheduled City Council meeting of Tuesday October 5, 2005 the City Council authorized the selection of California Security, Incorporated as the service provider. · At the regularly scheduled meeting of Tuesday November 2, 2004 the City Council approved an agreement with California Security, Incorporated and directed staff to bring back the cost associated with the expansion of security services from afternoon and evening hours to that of mornings, afternoons and evenings. ANALYSIS Through the change in service providers from the Los Angeles County Sheriff Department to that of California Security, Incorporated the City of Lynwood will be receiving the services of two (2) officers seven (7) days per week during all scheduled hours instead of one (1) officer on certain days and two (2) officers on other days as was the case with the Sheriff Department at a reduced overall cost to the City. In addition, there is a relief provision in the agreement with California Security, Incorporated that was not provided by the Sheriff Department. The following is the breakdown of the cost associated with the provision of services as is currently outlined in the contractual agreement with California Security, Incorporated as approved on Tuesday November 2, 2004. BASIC INITIAL COVERAGE WEEKDAY COVERAGE Monday- Friday 2:00 p.m. - 11:00 p.m. = 9 hours/day 8 hours x $14.50/hr = $ 116.00 I hour x $21.75 = $ 21.75 Total for (1) shift = $ 137.75 X 2 officers = $ 275.50 X 5 days/wk = $ 1,377.50 X 33 weeks/year = $ 45,457.50 Saturdays and Sundays 12:00 noon- 11:00 p.m. 8 hours x $14.50/hr 3 hours x $21.75/hr Total for (1) shift X 2 officers X 2 days/week' X 33 weeks WEEKEND COVERAGE = 11 hours/day = $ 116.00 = $ 65.25 = $ 181.25 = $ 362.50 = $ 725.00 = $ 23,925.00 ADDITIONAL COST FOR HOLIDAY COVERAGE Holiday Coverage 8 Holidays X 8 hours = 64 hours X (2) officers = 128 hours X 7.25/hr = $ 928.00 COMPILATION Weekday = $ 45,457.50 Weekend -- $ 23,925.00 Holiday = $ 928.00 TOTAL -- $ 70,310.50 Based upon the direction of the City Council the following is a breakdown of the cost associated with the expansion of hours of service. EXPANDED COVERAGE WEEKDAY COVERAGE Monday - Friday 8:00 a.m. - 11:00 p.m. = 15 hours/day 15 hours x $14.50/hr = $ 217.50 Total for (1) shift -- $ 217.50 X 2 officers = $ 435.00 X 5 days/wk = $ 2,175.00 X 33 weeks/year = $ 71,775.00 Saturdays and Sundays 8:00 a.m.- 11:00 p.m. 8 hours x $14.50/hr Total for (1) shift X 2 officers X 2 days/week X 33 weeks WEEKEND COVERAGE hours/day 217.50 217.50 435.00 870.00 28,710.00 ADDITIONAL COST FOR HOLIDAY COVERAGE Holiday Coverage 8 Holidays X 15 hours = 120 hours X (2) officers = 240 hours X 7.25/hr = $ 1,740.00 COMPILATION Weekday = $ 71,775.00 Weekend = $ 28,710.00 Holiday = $ 1,740.00 Total = $102,225.00 Original Schedule Expanded Schedule Difference DIFFERENCE = $ 70,310.50 = $102,225.00 = $ 31,914.50 FISCAL IMPACT The following is a breakdown of the expenditures for the services expended to date with the Sheriff Department as well as the potential expenditures for the balance of the fiscal year with either the afternoon/evening coverage or the extended coverage. Funds Funds Basic Extended Budgeted Expended- Sheriff Service Coverage Difference $100,000 ($55,208.79) $70,310.50 ($25,519.29) ($55,208.79) $102,225.00 ($47,016.21) For nearly the same cost as was the case with the Sheriff contract for the provision of the park and public facilities security services the City of Lynwood can provide two (2) security officers for six (6) additional hours each day. If this extended deployment is approved by the City Council, staff will monitor and evaluate the level of activities undertaken by security personnel during the entirety of the schedule to determine its success or to ascertain if further adjustments in deployment are necessary. CONCLUSION/RECOMMENDATION Staff recommends that the City Council 1. Approve the change in the schedule for Park and Public Security Services from: Monday - Friday 2:00 p.m. to 11:00 p.m. and Saturdays/Sundays 12:00 p.m.- 11:00 p.m., to Monday through Sunday 8:00 a.m. - 11:00 p.m. 2. Adopt the attached resolution entitled; A RESOLUTION OF THE CITY APPROPRIATING FIFTY THOUSAND DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE TO FUND THE PARK AND PUBLIC SECURITY SERVICES PROGRAM FOR THE BALANCE OF THE 2004/2005 FISCAL YEAR. JG:jg Recreatn\agreements\park security coverage cost breakdown 11.3.04 Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROPRIATING FIFTY THOUSAND DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE IN THE PARK AND PUBLIC SECURITY PROGRAM FOR THE BALANCE OF THE 2004~2005 FISCAL YEAR. WHEREAS, the City Council is desirous of providing unfettered community access to the full inventory of public parks and facilities; and WHEREAS, a key element in the provision of quality parks and public facilities is that of making them safe for citizen use; and WHEREAS, the provision of a security force to supervise the facilities is a proactive step to make the facilities safe; and WHEREAS, the City Council has approved a change in the service provider from the Los Angeles County Sheriff Department to California Security, Incorporated; and WHEREAS, with this change in service provider there will also be an increase in the number of officers on du.ty on a daily basis; and WHEREAS, the City Council is also desirous of expanding the scope of coverage to include mornings, afternoons as well as evenings; and WHEREAS, the facilitation of the increased schedule will necessitate resources beyond those which are available in the adopted 2004/2005 fiscal year; and WHEREAS, the additional funds necessary to provide these services for the balance of the current 2004/2005 fiscal year is fifty thousand dollars ($50,000). NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. The City Manager or designee is authorized to carryout any necessary transactions as so ordered by this resolution. Section 2. That a fund appropriation in the amount of $50,000 be allocated as follows: From Unappropriated General Fund Balance To 01-4771-4230 Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS 16TM DAY OF NOVEMBER 2004. A-I-'rEST: LOUIS BYRD, MAYOR ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARNOLDO BELTRAN, CITY ATTORNEY JOE WANG, CITY MANAGER JIM GIVEN, DIRECTOR RECREATION & COMMUNITY SERVICES 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 16th day of November 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 16th day of November 2004 Andrea L. Hooper, City Clerk DATE: TO: FROM: BY: SUBJECT: November 16, 2004 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Joseph Y. Wang, Interim City Manager~_.~ Yadi Farhadi, Director of Environmental Services/City Engineer ~',/,"~' Acceptance of the Traffic Signal Improvement Project at Imperial Highway and Apricot Street (vacated), Project No. 05-5292, as Complete. PURPOSE: To recommend that the City Council adopt the attached resolution accepting The Traffic Signal Improvement Project at Imperial Highway and Apricot Street (vacated), Project No. 05-5292, as Complete. BACKGROUND: On April 6, 2004, the City Council awarded a contract to C. T. &F., Inc., in the amount of 64,589, for the Traffic Signal Improvement Project at Imperial Highway and Apricot Street (vacated), Project No. 05-5292. The project encompassed the installation of a protective-permissive left turn green signal on Imperial Highway to control the number of vehicles making left turns to access the entrance to Plaza Mexico and to improve the overall flow of traffic. Other improvements performed as part of said traffic signal project included crosswalk re-striping and ADA improvements. ANAYSIS: The project started on September 27, 2004, and was completed on October 15, 2004. The final construction cost was $64,589. Staff conducted the final inspection on October 18, 2004, and found that all work has been completed satisfactorily in accordance with the project plans and specifications. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT IMPERIAL HIGHWAY AND APRICOT STREET (VACATED), PROJECT NO. 5-5292, AS BEING COMPLETE." Cou04TrafficlmprovementAcceptltem AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY ACCEPTING THE TRAFFIC SIGNAL IMPROVEMENT IMPERIAL HIGHWAY AND APRICOT STREET (VACATED), 5-5292, AS BEING COMPLETE." OF LYNWOOD PROJECT AT PROJECT NO. WHEREAS, the City Council awarded a contract to C. T. & F., Inc., for the Traffic Signal Improvement Project at Imperial Highway and Apricot Street (vacated), Project No. 05-5292; and WHEREAS, the project started on September 27, 2004, and was completed on October 15, 2004; and WHEREAS, the total construction cost was $64,589; and WHEREAS, staff conducted the final inspection on October 18, 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 Traffic Signal Improvement Project at Imperial Highway and Apricot Street (vacated), Project No. 05-5292, 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 day of ., 2004. City of Lynwood ATTEST: Louis Byrd, Mayor Cou04TrafficlmprovementAcceptItem ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Joseph Y. Wang, Interim City Manager STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) SS. Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of ,2004, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood Cou04TrafficlmprovementAcceptltem STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ., 2004. City Clerk, City of Lynwood Cou04TrafficlmprovementAcceptltem DATE: TO: FROM: SUBJECT: November 16, 2004 THE HONORABLE MAYOR AN~MBERS OF THE CITY COUNCIL Iris Pygatt, City Treasurer ~, TREASURER'S QUARTERLY INVESTMENT REPORT PURPOSE: The purpose of this item is to have the City of Lynwood review the Treasurer's Quarterly Investment Report as required by recently enacted State Statutes. BACKGROUND: In response to the cdsis caused by the Orange County investment pool, the State Legislature in 1995 enacted S8564 and S8866. These laws were enacted as State Statutes to impose certain mandates regarding investment with public funds. The statutes have imposed the following mandates: Annual adoption of an Investment Policy that incorporates changes mandated by the State. Quarterly Investment Reports presented to the Legislative Body or Board Members. 3. Restriction on the use of certain investment instruments. The attached Treasurer's Report has been prepared to provide the following information: 1. Types of investments (including principal, market value rates, and matudty dates). 2. List of various bank accounts with banking institutions. 3. Statement informing each Agency (City, LRA, LPFA and LII) that is expected to have sufficient liquid funds to meet its pooled expenditure requirements for the next six (6) months. 4. Statement informing the City of Lynwood that the investment portfolio conforms with the adopted investment policy. RECOMMENDATION: The City Treasurer respectfully recommends that the City of Lynwood receive and file the attached Quarterly Investment Report for the quarter ending June 30, 2004. AGENDA iT~M il Ill t~ .-I Ill Z .-I C: I'll m ~m Z Z Z Z Z Z Z Z Z ~';~ o e} ~: 0 ITl 0 ' Z :;o .o -r m -I Ill ~__. ~ ~ z Z m z ~ o m z z 0 0 0 0 ~: 0 o 8 - o o o p p o° o° °o ° o 0 m ZrllO mz'rl Ill Z -I _ __ = Date: November 16, 2004 To: From: By: Honorable Mayor and Members of t~ ~_i~ Coun, giL~/ Joe Wang, Interim City Manager ~ ~ [~) ~ Jim Given, Director of RecreationS: Comrflunity Services ' Subject: Policy and Guidelines for Providing Support to Local Community Organizations/Charities PURPOSE To advise the City Council regarding Lynwood's current practices for providing support to local community organizations/charities and to provide several policy options for Council consideration and subsequent adoption. BACKGROUND During the FY 2003-04 Year-End Budget Review Meeting, the Recreation and Community Services Department made a presentation regarding the City's current practices for providing support to local community organizations. A summary of the observations in that presentation revealed the following: The City of Lynwood has no formal application process for support requests a. Requests are made on a year-round, ad-hoc basis i. Sometimes by letters to staff or Council members, but more often by verbal requests at City Council Meetings b. There are no eligibility requirements i. Support has been provided to public and private individuals/organizations ii. Support has been provided to residents and non-residents iii. Organizations and persons receiving funding have no accountability requirements The types of support provided by the City in the past include: a. Grants of funds (financial assistance) i. Used to conduct events, pay entry fees or send members of an organization outside the community to participate in events b. City Facility Fee Waivers c. "In-kind" contributions of City Staff time or City equipment d. City Sponsorship and Co-Sponsorship of Events i. Note: For definitions of Sponsorship and Co-Sponsorship, see page 2 of the Facilities Use Policy on tonight's agenda. No annual amount is budgeted to provide such support a. In FY 2003-04, at least $65,000.00 of support was provided i. This amount did not include Community Development Block Grant ("CDBG") funds, fee waivers or support provided by City Staff ii. The exact amount of support is unknown due to the current informal manner of granting and tracking such support AG::_'NDA iTEM Page of 10 2[(~ The presentation also contained suggestions for regulating and controlling requests for support. Because the use of City funds to support local organizations/charities is only permitted when a public purpose benefiting the City is served (i.e., the contribution is to an organization that (1) augments a service the City provides; (2) provides a service that the City could, but does not, provide; and/or (3) provides a tangible benefit to the City and community of Lynwood, the City Attorney recommends that should the City choose to continue providing financial or 'in-kind' assistance to local organizations/charities, the granting of such funds should be regulated and constrained to ensure appropriations only to qualified organizations when a proper public purpose/benefit is present. ANALYSIS Cities are not required to provide support to local community organizations/charities, and a review of other cities' practices reveals that many do not provide support, other than allowing eligible organizations to apply for CDBG funds. The reasons for "no support' policies are many: some cities believe that support constitutes an impermissible use of public funds, others find it impossible to choose fairly among those who seek funding/support (if they support one organization they must support all), and still others no longer have funds to give, due to local and state budget crises. Some cities have solved the problem by setting up non-profit foundations, which solicit charitable donations from private business and individuals in the community and use those funds to support local organizations/charities. And while a few others have policies which involve mandatory Council member salary "set asides' or use of an individual member's 'discretionary funds' for the purpose of providing charitable support, our City Attorney does not recommend such practices. Most cities that continue to provide support provide it only to non-profit organizations, subject to formalized and comprehensive policies and procedures. Such policies usually require, among other things, a detailed application, verification of non-profit status, funding caps and the requirement that any funding will serve a public purpose and benefit the community in some tangible way. Based on a review of the policies of other cities, the advice of the City Attorney, and current budget constraints, staff prepared four (4) policies and variations for Council review and consideration. PROPOSED POLICIES Option 1. No City Provided Financial Support. Under this policy, the practice of providing any type of City financial support to outside organizations would be eliminated, except for awards of CDBG funds pursuant to proper applications and limited rent-free use of City facilities by community service/civic groups as provided for in the Facilities Use Policy approved at the regularly scheduled City Council Meeting of October 19, 2004. This policy would not prohibit the City from providing in-kind assistance such as the provision of City owned equipment. Page of 10 3 This policy would also not prohibit City Council members and from donating their own personal funds or their personal time to organizations they wish to support. While such a policy may seem harsh, it is one that would ensure fairness to all groups and avoid the appearance of favoritism. It would also eliminate the possibility of the City making gifts of public funds and relieve the Council from the difficult decision of deciding which organizations it can (and can't) assist with its limited funds. Given the current budget crisis, this policy would also be the most cost-effective one to implement. If the City Council finds that this policy is the most appropriate to select under current fiscal conditions, they may wish to revisit this issue on an annual basis (at the end of each fiscal year for the following fiscal year) in the event that funds become available to support activities in the manner outlined in the other policies outlined in this report. Option 2. City Financial Support Only to Local Community Non-profit Organizations. This policy would provide, at a minimum, that: a. City Council establish an annual budget for support b. Organizations wishing to request funding annually submit an application a. together with a membership roster, bylaws or articles of incorporation for the organization, proof of 501(c) 3 status and a certificate of good standing from the Secretary of State c. A specific City Department (or Committee or Commission) be designated to handle the intake and verification of applications a. Recommendations could then be transmitted by staff (or the Committee or Commission) to Council for a final funding decision i. Such recommendations would be agendized as discussion items ii. Actual funding would require passage of a resolution specifying the public purpose and memorializing the terms of the funding/support d. Organizations identify a specific event or project to be funded and describe its public purpose/benefit to the City of Lynwood e. Funding cycles/deadlines be established (annual or bi-annual) f. Caps be placed on the number of times an organization can receive City funding g. A ceiling be set on the annual amount an organization may be awarded h. Post-funding reports be submitted to the City to evaluate organizations' use of City funds Use of this policy would permit the City to continue assisting its local community non- profit groups, provided that such financial assistance provides a public benefit to the residents/community of Lynwood. There will be some cost to the City in terms of administration, and not all groups who are currently receiving assistance will qualify. However, strict adherence to properly crafted guidelines for giving under such a policy will reduce the possibility of the City making gifts of public funds, and eliminate the "ad hoc" requests for funding made at Council meetings. Page of 10 4 This policy would also provide for City Sponsorship and Co-sponsorship of events by outside groups, provided that groups receiving sponsorship support were Lynwood- based non-profit and/or service/civic organizations conducting events providing tangible public benefits/services to the Lynwood community, including but not limited to events and activities that the City would directly finance or operate if it had the resources to do so. Groups wishing City Sponsorship or Co-sponsorship of events would be required to submit an advance application to a designated City Department or Commission, and the parameters of support to be provided would be memorialized in a resolution and submitted to Council for consideration and approval at a Council meeting pursuant to the provisions of the Brown Act. Option 3. Technical Assistance from City Staff This policy would involve assigning existing City staff or hiring a new staff member to assist local community groups in the following areas: a. Completing grant applications b. Seeking out grant opportunities c. Developing and carrying out fundraising strategies This goal of such a policy would be to improve the infrastructure and financial health of local community groups (helping them learn to help themselves) instead of providing sporadic injections of funds. Implementation of this policy would also require adoption of an annual budget and procedures similar to those specified in Policy No. 2 in order to determine which organizations are eligible for technical support. Option 4. Establish a "Community Foundation" While not exactly a "policy' choice, Council may wish to consider forming a non-profit organization to provide the infrastructure for grant support. This would involve: a. An extensive state and federal application process to obtain tax-exempt status for the organization a. Which may take as long as six months to receive approval once all the documentation has been submitted b. Drafting bylaws and other required legal documents c. The City Council initially acting as the Board of Directors, or appointing a Board of community members to administer the foundation a. Compliance with the Brown Act, if the City Council i. Supplies funds to the organization, and ii. Appoints a member of the Council to serve on the Foundation's Board of Directors (or serves as its Board of Directors) d. Continued IRS and Franchise Tax Board reporting as well as Attorney General oversight An executive director or designated administrative staff member would be responsible for day-to-day management of the Foundation, including fundraising, grant announcements, proposal screening and making recommendations to the Board of Page of 10 5 Directors. The City Council may be able to appropriate a finite City allocation to the Foundation and Foundation staff could then develop other funding sources. Should Council select this option, more detailed information will be provided by staff, as establishing a Foundation cannot be accomplished by merely adopting a policy. VARIATIONS Council may also wish to consider selecting out certain aspects of the above polices and combining them to create its own policy. For example, Council might choose to adopt Policy No. 1, if provisions for City Sponsorship and Co-sponsorship of events were added. Alternatively, Council might wish to adopt Policy No. 2, after adding a technical support component. EMERGENCY EXCEPTION Any of the policies listed above (with the exception of No. 4) could be supplemented with an 'emergency exception" provision, which would allow particularly vital requests for support to be submitted to Council for consideration and approval at a Council meeting pursuant to the provisions of the Brown Act. While staff believes that providing such ~ad hoc" exception defeats the purpose of adopting a support policy, such a provision could be drafted. Awards of funds made under such an exception would, of course, be conditioned upon a finding of the requisite public purpose and benefit to the City. CONCLUSION/RECOMMENDATION Staff recommends that Council: 1. Select option number one (1) via the adoption of the attached resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE IMPLEMENTATION A POLICY WITH RELATION TO THE PROVISION OF FINANCIAL AND/OR INKIND SUPPORT TO LOCAL COMMUNITY ORGANIZATIONS/CHARITIES. Page of 10 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE IMPLEMENTATION OF A POLICY WITH RELATION TO THE PROVISION OF FINANCIAL AND/OR IN KIND SUPPORT TO LOCAL CCOMMUNITY ORGANIZATIONS/CHARITIES WHEREAS, the City of Lynwood has a desire to support the efforts of non profit, community based organizations whose purpose it is to provide services to the residents and businesses in the community; and WHEREAS, it has been the practice of the City Council of the City of Lynwood to review requests that are submitted to them on a case - by - case basis without any set criteria; and WHEREAS, the City of Lynwood has a finite amount of resources available for the provision of services; and WHEREAS, the City Council is desirous of formulating policies and procedures in which to provide organizational process to this activity; and WHEREAS, City staff has provided the City Council with various options from which to select relative to the activity of reviewing requests for assistance; and WHEREAS, based upon the current financial condition of the City of Lynwood, the policy determination is to provide no City financial support; and WHEREAS, under this policy, the practice of providing any type of City financial support to outside organizations would be eliminated, except for awards of Community Development Block Grant funds pursuant to proper applications and limited rent-free use of City facilities by community service/civic groups as provided for in the Facilities Use Policy approved at the regularly scheduled City Council Meeting of October 19, 2004. WHEREAS, under this policy, the provision of in-kind assistance such as the provision of City of Lynwood owned equipment would not be prohibited; and WHEREAS, this policy would be supplemented with an "emergency exception' provision, which would allow particularly vital requests for support to be submitted to Council for consideration and approval at a Council meeting pursuant to the provisions of the Brown Act. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. The City Council approves the policy providing no financial support other than those noted in the provisions of this resolution. Page of 10 7 adoption. Section 2. This resolution shall take effect immediately upon its PASSED, APPROVED AND ADOPTED THIS 16TM DAY OF NOVEMBER 2004. LOUIS BYRD, MAYOR ATTEST: ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: ARNOLDO BELTRAN, CITY ATTORNEY JOE WANG, INTERIM CITY MANAGER JIM GIVEN, DIRECTOR RECREATION & COMMUNITY SERVICES Page of 10 8 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 16th day of November 2004, and passed by the following votes: AYES: NOES: ABSENT: AB STAIN: 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 16th day of November 2004. Andrea L. Hooper, City Clerk Page of 10 9 CITY COUNCIL POLICY DATE: NOVEMBER16,2004 SUBJECT: POLICY AND GUIDELINES FOR PROVIDING SUPPORT TO LOCAL COMMUNITY ORGANIZATIONS/CHARITIES PURPOSE: TO PROVIDE POLICY DIRECTION, RULES AND GUIDELINES GOVERNING THE PRACTICE OF THE PROVISION OF FINANCIAL OR INKIND SUPPORT TO LOCAL COMMUNITY BASED ORGANIZATIONS/CHARITIES. OVERVIEW: The City of Lynwood regularly receives requests from local community organizations/charities requesting funding, use of City of Lynwood owned equipment and/or facilities, staff assistance as well as other in-kind support. To date there has been no formalized policy direction, rules or guidelines governing the processing of these requests. POLICY - No City Provided Financial Support Under this policy, the practice of providing any type of City financial support to outside organizations would be eliminated. The following are exceptions to this policy. They include the following: Awards of Community Development Block Grant funds pursuant to proper applications. Limited rent-free use of City facilities by community service/civic groups as provided for in the Facilities Use Policy approved at the regularly scheduled City Council Meeting of October 19, 2004. 3. In-kind support such as the provision of City owned equipment. EMERGENCY EXCEPTION This exception would allow particularly vital requests for support to be submitted to Council for consideration and approval at a Council meeting pursuant to the provisions of the Brown Act. Awards of funds made under such an exception would, of course, be conditioned upon a finding of the requisite public purpose and benefit to the City. Page of 10 ]0 DATE: TO: FROM: BY: SUB3ECT: November 16, 2003 Honorable Mayor and Members of the City Council Joseph Y. Wang, Interim City Manager Grant Taylor, Director of Development Services 3.D. Whitaker, Parking Control Manager Review of Parking Meter Operation within Zone 2B (North Long Beach Boulevard Zone) PURPOSE The purpose of this item is to request that the City Council review the current parking meter operations within Zone 2B (North Long Beach Boulevard Zone) and direct staff relative to the removal of the parking meters within Zone 2B or relocation of parking meters within Zone 2B to other proposed locations. BACKGROUND Phase One of the Parking Meter Program was implemented on August 22, 2002. Since its inception, the City has established two parking meter zones. The City Council has requested a review of Zone 2B (North Long Beach Boulevard Zone) covering the area of Long Beach Boulevard from Martin Luther King Jr. Boulevard to Tweedy Boulevard. This report covers the following areas: · Removal of parking meters within Zone 2B · Relocation of parking meters within Zone 2B · Current revenue statistics (citations issued and collected coinage) ANALYSIS Staff has reviewed the current parking meter operations within Zone 2B, to provide the City Council with the following options for consideration: 1) H :\WORDF ILE~PLANN IN G\S TAFFRPT~nemo.lbbparkingmet ers.council. 11-16-04[doc Removal of all meters within Zone 2B. Estimated removal cost will be between $5,000.00 to $7,000.00. Complete removal of all meters will result in estimated revenue loss of $3,000.00 to $4,000.00 in coinage and citations per month. 2) Relocation of all meters within Zone 2B. Estimated removal cost will be between $5,000 to $7,000.00. Re-installation of parking meters in another location will cost approximately $7,000.00 to $9,000.00. The proposed areas for the relocation of the parking meters are: a) Atlantic Avenue between Imperial Highway and Fernwood Avenue; and b) Imperial Highway between Martin Luther King Jr. Boulevard and California Avenue. 3) The attached revenue report notes the following Zone 2B revenue generated from 3anuary 2004 to October 2004: · Citations $5,880.00 · Coinage $19,313.00 RECOM MEN DATTON Staff respectfully recommends that the City Council provide direction relative to: a) Removal of the parking meters within Zone 2B (North Long Beach Boulevard Zone), or b) Relocation of the parking meters within Zone 2B (North Long Beach Boulevard Zone) to other proposed location, or 1) 2) 3) Atlantic Avenue between Imperial Highway and Fernwood Avenue. Imperial Highway between Martin Luther King .lr. Boulevard and California Avenue. Other area identified by City Council. c) Leave the parking meters in the current location of Zone 2B (North Long Beach Boulevard Zone). Attachment: Parking Meter Revenue Report Zone 2B (North Long Beach Boulevard Zone) H:\WORDFILE~PLANN1NG\ST~emo.lbbparkingmetcrs.council. 11 - 16-042doc CITY OF LYNWOOD PARKING ENFORCEMENT DIVISION PARKING BETER REVENUE RE T CURRENT REVENUE GENERATED THROUGH CITATION ISSUANCE AND COINAGE COLLECTIONS FOR ZONE 2B (NORTH LONG BEACH BOULEVARD ZONE) A% REPORT GENERATED FROM JANUARY 01, 2604 TO OCTOBER :30, 2604, PARKING METER REVENUE REVENUE SOURCEI REP~UG~Q ~O PARKL~G ~ A N~-~E~TED ~ACE $ 5,880.00 REVENUESOURCEII TOTA~ CiTATIONS iSSUED AND CQiN~ COLt. ECTEO~ $ 19,312.67 $ 25,192.67 DATE: TO: FROM: BY: SUB3ECT: November 16, 2004 Honorable Mayor and Members of the City Cgun~i~_~ Joseph Wang, Interim City Manager Grant Taylor, Director of Development Services Consideration of Contract Extension for Child Care Consultant (;:pmments For the City Council to consider a request by the child care consultant, Patdcia Shields, to extend her contract for three (3) years at a rate of $4,000 per month. BACKGROUND The Lynwood City Council has contracted with Ms. Shields to provide a wide variety of child care services to meet current and future child care needs in the City of Lynwood. On October 1, 2001 the City Council approved a contract with Ms. Shields for $2,500 a month. On December :17, 2002 the City Council approved a two (2) year extension at a rate of $2,500 per month. The current contract is due to expire on December 17, 2004. On September 2:1, 2004 the City Council directed Grant Taylor to work with Ms. Shields to research and prepare a "child care feasibility study." No further direction was given to staff and no funding was identified. Staff estimates the feasibility study to be complete and ready for presentation to City Council in February 2005. DISCUSSION Patricia Shields submitted a letter to the Lynwood City Council dated October :11, 2004 regarding "renewal of Contract for Child Care Development Project Service. The letter included an update on services provided, memberships and accomplishments and a proposal for further development. Ms. Shields is requesting renewal of her contract to continue providing child development services for an additional three (3) years at a rate of $4,000 per month. H:\WORDFILEh°LANNING\STAFFRPTXmemo.patshields.contractextension. 11 - 16104.doc C~r~.GiL:NDA ~' The City Council has several options to consider to include but not be limited to: l) 2) 3) 4) s) Approve the contract extension as proposed (i.e. 3 years @ $4,000/month); Approve contract extension for a different time period and pay rate; Approve contract extension month to month until feasibility study is complete; Deny the contract extension; identify another option. RECOM MEN DATZON Staff recommends that the City Council consider the contract extension request from child care consultant Patricia Shields and direct staff, if the City Council considers approval to extend the contract in the short or long term, staff is requesting that the Council identify guidelines and funding to be included in a contract that will be brought back for ratification. Attachment: Letter from Patricia Shields dated 10/11/04 (4 pages) H:\WORDFILE~PLANNING\STAFFRPT~nemo.patshields.conttactextension. 11 - 16~4.doc Patricia Shields 12830 S. Paramount Blvd., Downey CA 90242 October 11, 2004 City of Lynwood 11330 South Bullis Rd. Lynwood, CA 90262 Attn: City Council Re' Subject: Renewal of Contract Childcare Development Project Service Update on Services Provided Per my contract requirements with the City of Lynwood dated December 17, 2002 - December 17, 2004, I have accomplished the following task: Provided existing or potential providers of child care in Lynwood with technical assistance about licensing requirements. Enhanced consumer awareness of licensing requirements and the benefits of licensed child care. Provided resource and referral list to parents looking for child care and funding assistance. Promoted the use of the California Child Care Resource and Referral Network for the Lynwood Area. Forward information on the availability of Prop 10 grants or other grants relating to increasing child care oppommities in Lynwood. Worked with City staffon incorporating a link to the City's Web site on child care resources. Reviewed Lynwood's Zoning Ordinance and provided recommendations to make the Zoning ordinance friendlier to day care providers. Coordinated and presented workshops to existing and potential child care providers on CPR training, Parent Education, Provider Education, Dental Awareness, Safety, Funding Opportunities, Social Service Availability, Resource and Referrals, Marketing, State and Local Regulations, Resource Development, Customer Service, Insurance Requirements, Licensing Laws, Education Enrichment, and more. I established a network of 52 local childcare providers (Lynwood Professional Childcare Providers United) and conduct monthly meetings where social service providers and parents meet to discuss childcare concerns and share successful experiences and referrals. I have reviewed pending Federal, State, and Local legislations relating to improving the present ehildcare system, and provide input on what is necessary to provide quality and affordable childcare programs in the State. I have joined in with many childcare advocate groups to express the concerns of parents relating to their childcare needs. I have worked with Lynwood Unified School District, private schools, and churches in the effort of expanding school-based before and after school childcare programs. I have constantly researched childcare grant opportunities at all levels including legislative, private, and local. I have worked with City staff to get the word out to the community on many issues regarding childcare and safety. I have attended several meetings, conferences, workshops, symposiums, and events regarding childcare issues including funding sources. I have assisted staff with proposing an acceptable plan for the development of future childcare centers in the city with the County of Los Angeles, Supervisor Yvonne Brathwaite Burke office (Alameda Triangle Housing Project). Memberships and Accomplishments I have been active with several childcare development organizations and projects including AEYC, NAEYC, CDE, CAPSO, Adult Literacy Education, CALPRO, DPSS, DCFS, CCFS, local colleges (Compton, Cerritos, Southwest, East Los Angeles), and many more. · I was an active member of the LAUP hot zone facilities task team, and the Symposium Consortium. I have provided Administration to Domino's Early Learning Academy (City of Lynwood's pilot program) which have provided pre-school and after school childeare services to over 60 area children. I have successfully written a grant to First 5 LA for 2.7 million dollars to provide pre-school education, parent education, and childcare services to over 300 community children and their families for five years. Unfortunately after attending over 200 hours of technical training and providing 300 hours of research and grant writing development we were disqualified due to city issues. Proposal for Further Development I am requesting a renewal of my contract to continue providing Childcare Development Services to the City of Lynwood for an additional three years at the rate of $4~000 per month which will allow me to continue providing administrative services to our pilot program enabling the cost for childcare services to remain affordable. I will continue to provide technical services to the city as listed above and expand my services to further advance the Childcare Development Project in the following ways: · Assist staff and Public Council with the development of an acceptable zoning ordinance for existing or potential childcare providers in the city. · Research and Develop an acceptable proposed plan for expanding needed childcare services to community residents. Identify grants to assist with the development of additional childcare centers and programs in the city. Provide administration for Domino's Early Learning Academy (city pilot program). · Work with staff to develop comprehensive affordable childcare, and family service programs to assist families with the necessary tools to succeed in life. · Work with state agencies to development a network of community service providers in the city. · Work with local school district and educational institutions to further advance the childcare development efforts. · Work with LAUP to obtain funding for pre-school programs for city children. Work with staff on a feasibility study to determine a proposed plan for the development of additional childcare centers in Lynwood. · Continue to represent the city at meetings, workshops, and events to show our concern with childcare shortages in the city. · Work with staff, Supervisor Burke, and other developers in the effort of establishing new childcare centers in the city. DATE: November 16, 2004 TO: FROM: BY: Honorable Mayor and Members of the City Council Joseph Wang, Interim City Manager ~_,~i~/ Grant Taylor, Director of Development Services SUB3ECT: Request to Submit Grant Applicant Child Care Funding APPLICANT: Patricia Shields - Lynwood Child Care Consultant Comments For the City Council to consider a request by the Lynwood Child Care Consultant Patricia Shields to apply for grant funding from First 5 L.A., Los Angeles Universal Preschool, for "Hot Zone Facilities." BACKGROUND The Lynwood City Council has contracted with Ms. Shields to provide a wide variety of child care services to meet current and future needs in the City of Lynwood. One of Ms. Shields responsibilities is to identify and pursue funding and grants for child care facilities and programs. DISCUSSION Facilities hot zones are areas where there is a severe shortage of preschool space. Lynwood is one of sixteen (16) cities identified as a hot zone. The Hot Zone applicants must be able to create licensed preschool space quickly. Funding is limited to three (3) categories to include: · Space that is currently not licensed for preschool but was originally designed for early child care or education use and requires minimal to moderate improvements to prepare it for licensing; · A modular unit on donated or Iow-cost land; and · Space that is leased at a Iow cost or donated that requires minimal to moderate renovations. ,~',.~ H :\WORDF ILE~PLANNING\S TAFFRPT~memo.pat shJelds.gr antapplication. I 1-16.~4,doc The application includes Facilities Funds and Program Funds. The grant amount is based on child enrollment and could total $200,000 to $400,000 a year. The grant is an annual renewable program. The filing deadline is November 25, 2004. Child Care Consultant Patricia Shields is prepared to summarize the program, application requirements and to answer questions. RECOMMENDATTON Staff recommends that the City Council approve the request to submit for child care grant funding. Attachment: Introduction: Facilities Hot Zone Application H:\WORDFILE~PLANNTNG\STAFFRPT~memo.pat shJelds.grantapplication. 11-16.~.do~ Los Anaeles Universal Preschool 2005 Facilities Hot Zone Applic,~!¢_q INTRODUCTION: FACILITIES HOT ZONE APPLICATION FT~ais package includes instructions and forms to fund new,preschool space and run a pr~qram in a acllities Hot Zone. The complete application includes Part A: Facilities Funds and Part B: Pro~ram Funds, Facilities Hot Zones are zip codes wh~-e them is a severe shortage of preschool space. In these Hot Zones, the number of four-year.-olds exceeds the r~umber of licensed child_care and early education spaces by over 1~000 children. The F_acilities Hot Zones are: 90011 South Central 90805 North Long Beach 90201 Bell, Bell Gardens, Cudahy 90813 Long Beach (southwest) 90250 Hawthome 91402 Panorama City 90255 Huntington Park, Walnut Park 91706 Baldwin Park, Irwindale 90262 Lynwood 90723 Paramount 90280 South Gate 91732 El Monte 90650 Norwalk 91744 La Puente, Valinda, City of Industry 90708 Bellflower 91766 Pomona Hot Zone applicants must be able to create licensed preschool space quickly, and for this reason, funding is limited durfng this Early Launch phase to the fcllowing three categories: · Space that is currenUy not licensed for preschool but was originally designed for eady child care or education use and requires minimal to moderate improvements to prepare it for licensing; · A modular unit on donated or Iow-cost lend; and · Space that is leased at a Iow ccst or donated that requires minimal to moderate renovations. These projects create additional license'J preschool spaces in Hot Zones and can be completed within six months. We will work with successful applicants ':o ensure that the developed space meets all program requirements and regulations, including licensing. This application is for the creation of ne~ preschool space in a Hot Zone and the funding for the program in that new space. You will not be entered info the general lottery, if you wish to apply for program funds for existing and licensed preschools, please comple:~e a separate Center Provider Application by November 10, 2004. This process does not prohibit you from :applying to other LAUP programs such as those for existing, licensed child care centers, family child care ho~ and inclusive sites. ALso, applying to multiple LAUP programs will not affect the evaluation of this or any other application. For additional information and for application materials, please visit www. LAUP.net. Please note that since this is the first,fear of an ambitious program, information in this and other LAUP documents may change, Los Angeles Universal Preschool 2005 Facilities Hot Zone Application HOW TO APPLY: HOT ZONE FACILITIES STEP ORIENTATION Application Orientation,,~ will be held between November 5 and November 18. Review the entire application, including all Baseline Criteria, and the Frequenliy Asked Questions and see if you want to appl~. We highly recommend you attend an orientation session before submitting your application. STEP 2 STEP4 APPUCATIONS The completed applicaton is due November 25, 2004. Fill out the Facilities Ho~: Zone Application completely', refer to the Application Checldist to be sum. At this time, them is no web-based submission for this application; please submit all materials together through the rm~il (postmad(ed by November 25, 2004) or via fax. Note: Late or incomplete applications will not be considered for a site visit. Sn'E Wsrr Successful applicants r~eive site visits in January 2005. After review of your application, you may be selected for a site visit (you will receive mom detailed site visit information, if you have been chosen). You may be asked to provide additional documents to support your application. STEP 5 STEP 6 FACILITIES CONTRACT Successful apprmants and LAUP will enter into facilities development contracts in February 2005. From this point forward, LAUP will work closely with you to ensure that your proposal fur creating new preschool space proceeds successfully. PROGRAtl CONTRAC? & ROLUNG OPENINGS When facilities are readY, children may enroll beginning in June 2005. Before opening, each new site must meet all regulations and requimmerrts; LAUP will conduct a second site visit to determine the program's quality star rating. Only programs that meet the minimum quality criteria will receive a one-year contract with LAUP for program funding. 11/25 Nov ~ 1/25 Notifica~ons of Acceptance 2!t I Enter into Q~tract Feb 05 - Sep 05 Site Re~ovaUo~Construction, Peen/ts. etc Jaa ~- $~o 05 - DecO4 Jan05 Feb05 MarO5 Ap~05 May05 Jun05 JulD5 Aug05 Sep05 Los Angeles Universal Preschool 2005 Facilities Hot Zone Application APPLICATION INSTRUCTIONS This package contains the forms and instructions for the LAUP Facilities Hot Zone Application. This application must be completed fully. Refer to the Frequently Asked Queslions ('FAQs') at the end of application for additional information. Application Orientations We highly recommend that you attend an Applicalion Orientation session that will be offered in or near lhe Facilities Hot Zones. For detailed dates and locations, please visit www. LAUP.net. Application Due Date LAUP Facili~es Hot Zone Applications must be completed in full and submitted no later than November 25, 2004 (if submitted by mail, it must be I~)stmarked by November 25, 2004). Please note that this is the only opportunity to apply for the Early Launch Facilities Hot Zone program. Applications may be submitted by mail :~r fax. At this lima, them will be no web-based submissions for the Facilities Hot Zone Application. LAUP Will send you an acknowledgement when your application is received. LAUP Facililies Hot Zone Apptica~n P.O. Box 2428 Culver City, CA 90231-2428 Fax: 310.496.2049 Phone: 866.581.LAUP Make a copy of all application materials for your records before you send it to LAUP. Please send all forms together in one application pad(et. Incomplete or Late Applications Incomplete or late applications w//I not ~e processed. Due to limited resources, we cannot allow for any resubmissions. You will receive a notice if your applicalion was not considered for a site visit. Baseline Criteria (FAO 15) You must be able to meet the Baseline Crfterfa for Facilities Funds listed on page X to be considered for a site visit. You should not apply if you do not meet these criteria. Only those that meet the criteda will move fonvard in the applicalJon process. Nso review the Baseline Criteda for P~Tmm Funds on page X. To receive program funding, you must eventually meet these c~teda as well. Please complete this form to the extent possible. ' FIRST5 Los Angeles Universal Preschool 2005 Facilities Hot Zone Application Application Review (FAO 12-17) Once LAUP receives all of your application materials, everything will be reviewed for completeness. Part A (begins on page six) of qualifying applications will be evaluated against criteria including: . Site feasibility Timeline feasibility · Cost feasibility Program feasibility Business sustainability - Experience · Cost-effectiveness This process includes a review by a parel of independent experts. Completing Part B: Program Fu,;ds (FAO XX) You must complete Part B as pert of yotJr Hot Zone Facilities Application. This is to determine whether you are prepared to meet the Baseline Criteria, ,an agree to the Program Assurances and am eligible to receive LAUP program funding once the new facility iscomplete. LAUP understands that the i,[urmation in Part B may change, but it is important that it is as accurate as possible. Note: You will not enter the Center Pm~,ider beery if you am a Fadlities Hot Zone applicant. If you receive facilities development funding, you will a~utomatically receive LAUP program funding as long as you meet LAUP's requirements. Site Visits (FAO 18-20) Site visits am to further assess the strength of the proposal and feasibility of the project. Each site will be considered individually for a visit and there is no limit to lhe number of sites an agency may submit. However, for each site, you may apply for facilities funding for up to three classrooms. If you am chosen for a site visit, you will receive written notice detailing this next phase of the application process. LAUP may request more documentation dudng Ms inspection. A maximum of three sites from each Ho! Zone will be chosen for a vise You will be no0fied by December 23, 2004 if you have bccn selected. Site visits will take place January 3-18, 2005. You must be available fora site visit dudng those dates. You will be nofilied in advance of the date of your scheduled site visit, which should last one half-day. Facilities Funding (FAO 57-62) After applications and site visit results ars evaluated, fadlities development conlracts will be awarded to sites with the highest overall score. In the event ot: a tie, selected sites will enter a lottery. One site from each zip code will be chosen to receive funding to develop new preschool space and programs during early launch. Selected sites will receive facilities contracts by February 2.305 and program contracts after they meet all LAUP and other regulations and requirements. FIR 5 Los Angeles Universal Preschool ~ F~ciliflee Hot Zone Applic~don The amount of funding successful apptCants receive for fadlities development will be based on the budget information provided on page X and lhe number of children spaces (60 maximum). You should make every effort to be cost-effective when planning for your new site; it will be a major factor in the site selection process, Program Funding (FAO 57-62) LAUP will also provide funding for the r. irogram serving the children in the new, licensed space. The information you provide in Part B should anticipate what your program will look like and will help us determine your program funding levels. However, you are not guarantcc'J LAUP program funding simply by completing this application; you will receive LAUP program funding onc~. you meet all LAUP and other requirements and regulations. Fundinq Rates (FAQ 51-55) LAUP will fund centers to provide a 3.5-hour program for a full classroom of four-year-old children. The reimbursement rates will be calculated according to the following criteria: 1) Number of classes of eligible ~r-year-old children served 2) Number of children in each clas~; 3) Any public funding the program currently receives for a child 4) The Star Quality Level of the prc~jram The full reimbursement rates for the LAJP program will be paid monthly based on the following rotes. These are base rotes for children in unsubsidized programs and will be adjusted according to the criteria outlined above. Child development programs that currently s~:rve Iow-income four-year-old children with state and federal funding will be eligible to receive 'enhancement funding' from LAUP. 3 Star $3,960 $22.00 4 Star $4,290 $23.83 5 Star , $4,950 $27.50 r FIRST5 Early Launch - Facilities Hot Zone Development !,,, Proposed Application Review Process DRAFT Stage 1: Initial Screening for Baseline Criteria Staff will first review the initial, most baseline section of the application. Any application without a dear, coherent concept in the Site Identification section will automatically be rm~oved from the process. Site Identification Is there a viable site identifed? Location? Who currently o~s/controls the site? Is there an option to ~;ase if the application is accepted? What is the projected date of site control? · From the description, what is the extent of the renovation/eq Jipment necessary to get the site completely ready?. · Does the site meet minimum space requirements as delinea'~ by Licensing? Stage 2: Feasibility & Other Review Criteria Following the baseline review, all of the overall feasibility of all remainin(j applications will be scored in four distinct areas: Site Identification, Timeline, Cost/Budget, and Program Feasibility. Applications will be given a score in each of these areas. At the same time, applications will be roviewed in several other areas and given scores in the areas listed below. All Stage 2 reviews will be condL~ed by a panel of outside experts and administered by staff. 4,point Feasibility Review 1. Site Identification Feasibility: o Review of information given for the Site Identification section. o Review for compatibility of the site for pres~ool. o Is there an option to lease or some agmcment between the building owner and preschool operator?. Are there additional zoning and/or land use considerations? o Are there other safety issuas with the site? Timeline Feasibility: the ability to meet goals within the propcsed timeline and LAUP's timeline. What are the proposed dates to meet specific benchmarks? o Site control · When will the applicant have site control (pmlimin~r permission) or acquisition (to lease or ow~) o Pre-construction · Architectural plans · Bidding/securing cons~uction contracts · Building permits · Construction financing in place? o Construction Phase o Final phase · When will they submit licensing application? · When will construction he completed and when will they get the certificate of · Final inspection by Licensing department and licensed issued? Cost Feasibility: is the proposed budget for the project realistic? o Review of pro-forma (first round) budgets · What is the overall facility preparation budget- is Ir'is a realistic budget for the proposed project? Are the any gross under/over cost estimates? · Operating/Programmatic Budget- is Ibis a realislic budget for ltte implementa~ of a 3-star level program? Program Feasibility- has them been sufficient planning to ensure the successful implementalion of a 3- Star Level program at the complelJon of the facilil~es de~,~mant? o Applicant must meet Center Provider Baseline Criteria for program contract and funds o Applicant must sign and meet Center Provider Program Assurances by enrollment o Most applicants will start at the 3-Star Level- unless Item i~ a extraordinary and demonstrable evidence to move to a 4- or 5-Star program. o Review description of pmvider's previous program experie~:e. Other Review Criteria Applicant's Business Plan o Where/who will be the target market for Itm program? o Will there be other money/investments being laveraged by ti~s project? o How will the facilities development/renovation and program mplernentalJon phase be managed? o What steps will be taken to ensure full enrollment?. o How will the applicant ensure long-term sustainability? Prior experience o Can the applicant document prior experience a~d ,,accesses in preschool facilities development and/or other programmatic involvement in ltm :x)mmunity. o Does the applicant know the community it is proposing to s~rve? Cost-effectiveness: Given the number of four. year*olds to be:served, the ability to leverage and stretch facilities dollars as much as possible while meelJng qual~.y standards. o Various budget line ilems and the entire facilities developn~.~nt budget will be reviewed against budgets collected from similar projects throughout the state. o Various budget line ilems and the entire facililies budget will also be measured wi~in a range of costs compiled from intewiews of facilities devetopmant e~x~fts throughout the state. Proposed capacity'. The number of four-year-olds sewed by b~, project. o More points for lhose that will go for 60 versus 20 spaces o How long has your organization (regadless of type of progn~ming) been doing Ibis work?. o List applicant qualifications Partnerships: Are there any additional partners or collabc,-ak:~s that will be involved in the site development? Is the applicant based within the hot zone? Is the applicant Imaclquartered in the hot zones? Secondary Review Criteria - to be used to break any ties in scoring. Site Accessibility by public ~m ~ prO~T~ity to otha~ community m and hubs. Demographic/market aPlxopria~: Is the proposed site located in an area with a high concanlmfion of four-year-olds and addresses an existing gap in service providers. Potential for expansion: the ability to add more capacity to the :',ita in lhe future. Stage 3: Site Visit Upon completion of the applicalion reviews, staff will conduct site visits v~h the highest scoring applicants (maximum of Iflree, but may be less) for each hot zone. The site visit will be conducted in teams to include one facilities staffer and one licensing/constnmlkm expert. 'rte site visits will be conducted to extend the conversation/interaction with the applicants, confirm items desc~bed in the application, and to get a first-hand sense of the suitability and feasibility of the project. Stafle 4: Site Selection Alter a report back from the site visit team, the panel of outside~ reviewers and staff will make recommendations on the top applicant for each hot zone.