The URL can be used to link to this page

Home My Public Portal About01-18-2005CCThis Agenda contains a brief genera/ 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 concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressinq the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON CONSENT OF THE COUNCIL. CiTY OF LYNWOOD JANUARY 18, 2005 COUNCILCHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. RAMON RODRIGUEZ I MAYOR MARIA T. SANTILLAN MAYOR PRO-TEM FERNANDO PEDROZA COUNCILMEMBER LOUIS BYRD COUNCILMEMBER LETICIA VASQUEZ COUNCILMEMBER INTERIM CITY MANAGER JOSEPH WANG CITY ATTORNEY ARNOLDO BELTRAN CITY CLERK ANDREA L. HOOPER ClTY TREASURER IRIS PYGATT OPENING CEREMONIES CALL TO ORDER CERTIFICATION OF AGENDA POSTING BY CITY CLERK ROLL CALL OF COUNCIL MEMBERS Louis Byrd Femando Pedroza Letica Vasquez Maria T. Santillan Ramon Rodriguez PLEDGE OF ALLEGIANCE 5. INVOCATION PROCLAMATIONS · Martin Luther King B-day · February- Martin Luther King Month PRESENTATION ITEM GANG SUPPRESSION AND BUSINESS IMPROVEMENT DISTRICT PROPOSAL Comments: The purpose of this item is to allow Captain Lopez the opportunity to present to the City Council a proposal for a Gang Suppression Team and a Business Improvement District Team. Recommendation: Staff recommends that the City Council receive and file the presentation. 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 Ill, Paragraph 5.) 10. MINUTES OF PREVIOUS MEETINGS: Regular Meeting - December 7, 2004 Regular Meeting - December 21, 2004 PUBLIC HEARING 12627 OAK AVENUE APPEAL DECISION OF BUILDING OFFICIAL TO ORDER VACATION OF AN UNAUTHORIZED HOMELESS SHELTER/DORMITORY Comments: The purpose of this item is for the Lynwood City Council to act as the Board of Appeals and conduct a hearing in accordance with the 1997 Uniform Code for the Abatement of Dangerous Buildings. The Board will consider an appeal filed by residents of 12627 Oak Avenue requesting that the Board overturn the decision of the Lynwood Building Official to vacate and secure the building due to violations of the California Building Code. Recommendation: Staff recommends that the Board accept a report from staff, accept testimony from the appellate's attorneys, accept testimony from interested persons, and uphold the Building Official's decision to order the building at 12627 Oak Avenue vacated and secured. 11. JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH TABZAC, LLC FOR THE DEVELOPMENT OF SIX RESIDENTIAL HOMES NEAR THE INTERSECTION OF MURIEL AVENUE AND LOUISE STREET Comments: The Agency has selected Tabzac, LLC to purchase the Muriel Estates project and develop six (6) market-rate homes near the corner of Muriel Avenue and Louise Street. 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. Recommendation: Staff recommends that this item be continued to the regular meeting of the City Council and Redevelopment Agency on February 15, 2005. 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. REVIEW OF THE 2004 CHRISTMAS POSADAS PROGRAM Comments: This report is a follow-up to the 2004 Christmas Posada events. The City Council gave approval to conduct the four (4) Posadas presented at the regularly scheduled meeting of Tuesday December 7, 2004. In addition, the City Council authorized staff to provide support to any requests for Posadas that came to staff during the week following the meeting. The Council also authorized the expenditure of $15,000.00 for staff and logistical support for the Posadas as no funding was appropriated as a part of the adopted 2003 - 2005 Biennial budget. Recommendation: Staff recommends that the City Council approve the reimbursement of the various departments for costs associated with the support of the Christmas Posadas via the adoption of the attached resolution entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REIMBURSING VARIOUS ACCOUNTS FOR EXPENSES IN AN AMOUNT TOTALLING $5,422.00 INCURRED AS A PART OF THE PROVISION OF SUPPORT TO THE 2004 CHRISTMAS POSADAS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE." 13. LIEBERT CASSIDY WHITMORE/AGREEMENT FOR SPECIAL SERVICES Comments: The City of Lynwood has consulted with the law firm of Liebert Cassidy Whitmore over the course of many years regarding employment relations matters. Effective February 1, 2005 the firm is increasing the billing rates and is requesting a signed agreement by the Mayor. Recommendation: Staff recommends that the City Council approve the resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SPECIAL SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LIEBERT CASSIDY WHITMORE, A PROFESSIONAL CORPORATION, TO PROVIDE LEGAL SERVICES TO THE CITY REGARDING EMPLOYMENT RELATIONS MATTERS." 14. APPROVAL OF THE WARRANT REGISTERS 15. Comments: City of Lynwood warrant registers dated January 18, 2005 for FY 2004-2005. Recommendation: Staff recommends that the City Council approve the warrant registers. APPROVAL OF TRACT MAP 54246 Comments: Tentative Tract Map No. 54246 was conditionally approved by the Planning Commission by Resolution 2928 on March 11, 2003. The final map is now ready for City Council's approval. The Tract Map provides for the subdivision of six (6) parcels of land at the corner of Peach Street and Redwood Avenue. Six (6) single-family dwellings will be built on this subdivision. Recommendation: Staff recommends the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING TRACT MAP NO. 54246". 16. APPLICATION FOR LOCAL GOVERNMENT WASTE TIRE CLEANUP GRANT PROGRAM Comments: The California Integrated Waste Management Board (ClWMB) is accepting applications for Local Government Waste Tire Cleanup Grant for FY 2004-2005. Applications for this grant cycle are being accepted until February 11, 2005. This grant is available for the removal, transportation, recycling and disposal of waste tires for illegal tire piles and areas where illegal dumping has occurred along public right-of-ways. The CIWMB requires the local government body to certify by resolution authorization to submit the grant application. Recommendation: Staff recommends that the City Council adopted the attached resolution entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO APPLY FOR AVAILABLE FUNDS FOR THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD LOCAL GOVERNMENT WASTE TIRE CLEANUP GRANT FOR FY 2004-2005." 17. APPROVAL OF THE HOME PROGRAM BUDGET FOR FISCAL YEAR 2004-2005 18. Comments: The purpose of this item is for the City Council to approve the HOME Program Budget for Fiscal Year 2004-05 to administer the Affordable Housing Program. Recommendation: Staff recommends that the City Council approve the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE HOME PROGRAM BUDGET FOR FISCAL YEAR 2004-2005 TO ADMINISTER THE AFFORDABLE HOUSING PROGRAM" and the HOME Program Budget for Fiscal Year 2004-05 to administer the Affordable Housing Program according to the HUD/HOME Regulations, 24 CFR Part 92. INSTALLATION OF ACRYLIC BULLET RESISTANT GLASS AT CASHIER COUNTER CITY HALL Comments: As part of the effort to improve security at City Hall the installation of acrylic bullet resistant glass is needed at the cashier counter. Staff is recommending the approval of the informal bidding process, which is allowed in Section 6-3.13c of the Lynwood Municipal Code by 4/5 City Council vote to expedite the project. This project is part of the City Hall Security Improvement Project number 5-5298, FY 2004-05. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled; '% RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE INFORMAL BIDDING PROCESS FOR INSTALLATION OF ACRYLIC BULLET RESISTANT GLASS FOR SECURITY PURPOSES AT THE CASHIER COUNTER IN THE CITY HALL." 19. INFORMAL BIDDING FOR WATER MAIN IMPROVEMENTS ON CORNISH AVENUE (MAGNOLIA AVENUE TO AGNES AVENUE) 20. 21. Comments: Cornish Avenue (Magnolia Avenue to Agnes Avenue) is scheduled for street improvement this fiscal year. The Water Master Plan recommends the water main on the section of Cornish Avenue be upgraded. Water main improvements should be completed before the start of the street improvements, Staff recommends that the Cornish Avenue Water Main Project be done through informal bid procedure. Recommendation: Staff recommends that the City Council adopted the attached resolutions entitled; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE NEEDED MATERIALS, SUPPLIES AND SERVICES THROUGH AN INFORMAL BID PROCESS FOR THE CORNISH AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT 05-5300". DISCUSSION ITEMS MAYORAL APPOINTMENTS FOR VARIOUS MUNICIPAL ORGANIZATIONS AND COMMITTEES Comments: The purpose of this item is for the Mayor to make appointments of Delegates and Alternates for the various Municipal Organizations and Committees where Members of the City Council serve as members. Recommendation: Staff recommends that the Mayor designate appointments to the attached list of Municipal Organizations and Committees. REQUEST FOR CITY TO HANG ROTARY CLUB BANNERS Comments: Staff has received an application requesting city services from Jim Morton of The Rotary Club of Lynwood on December 29, 2004. Service entails city maintenance crew to hang two (2) Rotary Club banners across Imperial Highway at Bullis Road and Martin Luther King Jr. Boulevard at Bullis Road, respectively. Said banners will be displayed for the entire months of February and October of 2005, respectively. The purpose of said banner is to celebrate the Rotary Club International 100th Anniversary. Recommendation: Staff recommends that the City Council review the request, the departmental comments, and direct staff accordingly with the following options: 1. Deny request. 2. Approve request with the conditions and payment of service fee. 3. Approve request with the conditions and waive service fee 22. PARENT U-TURN REQUEST FOR TRAVEL FUNDS Comments: The purpose of this item is to have the City Council consider a request for travel funds from the Parent-U-Turn Organization. Recommendation: Staff recommends that due to current budgetary issues and concerns the City Council deny the request. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION RAMON RODRIGUEZ, MAYOR MARIA T. SANTILLAN, MAYOR PRO-TEM LOUIS BYRD, COUNClLMEMBER FERNANDO PEDROZA, COUNCILMEMBER LETICIA VASQUEZ, COUNCILMEMBER CLOSED SESSION 23. CLOSED SESSION ITEMS A. 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 - (I Case-Universal Mass Media Center) ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON FEBRUARY 1, 2005 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNVVOOD, CALIFORNIA. LYNWOOD CITY COUNCIL REGULAR MEETING DECEMBER 7, 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 cail. 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: LACS Football Team Celinda Ramirez 9th Grade Student Mayor Teacher Apple Award - Teri Dugan Citizen Athlete of the Month - Lynwood High School Tennis Team Item #7: COUNCIL REORGANIZATION Traditionally in December of each year the City Council reorganizes by nominating and appointing one of its members to serve as Mayor and as Mayor Pro Tern. Mayor Byrd - Nominated Mayor Pro Tem Vasquez for Mayor. Councilwoman Santillan - Nominated Councilman Rodriguez for Mayor. MAYOR NOMINATION ROLL CALL: COUNCILMAN PEDROZA: NOMINATED RODRIGUEZ COUNCILMAN RODRIGUEZ: NOMINATED RODRIGUEZ COUNCILWOMAN SANTILLAN: NOMINATED RODRIGUEZ MAYOR PRO TEM VASQUEZ: NOMINATED VASQUEZ MAYOR BYRD: NOMINATED VASQUEZ New Mayor: Ramon Rodriguez Mayor Rodriguez - Nominated Councilwoman Santillan for Mayor Pro Tern. Councilwoman Vasquez - Nominated Councilman Byrd for Mayor Pro Tem. MAYOR PRO TEM NOMINATION ROLL CALL: COUNCILMAN PEDROZA: NOMINATED SANTILLAN MAYOR RODRIGUEZ: NOMINATED SANTILLAN COUNCILWOMAN SANTILLAN: NOMINATED SANTILLAN MAYOR PRO TEM VASQUEZ: NOMINATED BYRD COUNCILMAN BYRD: NOMINATED BYRD New Mayor Pro Tem: Maria Santillan City Attorney Beltran - Announced to Council that there is a Subsequent Need Item that needs to be discussed. It was moved by Councilman Pedroza, second by Mayor Pro Tem Santillan to hear the Subsequent Need Item. AGENDA ITEM q ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND ROD~GUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Councilman Pedroza - Introduced the Yard Sales Subsequent Need Item to Council, that were approved last weekend and since it rained he would like to allow them to have their Yard Sales this weekend. It was moved by Councilman Pedroza, second by Councilman Byrd to approve the Yard Sales Subsequent Need Item. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Lucy Hemandez - Asked the City Clerk to please read a letter to the Council in regards to Item #24 is not in support of funding the Youth Baseball Clinic. Irene Garcia - Spoke on Item #16 stated that she does not understand why are we paying Bannaoun Engineers a total sum of $215,103.00 would like a clarification from the Council. Item #19 thru Item #23 does not support the posadas believes that the money can be used for more important things. Dale Jones - Spoke on Item #27 supports Bulletin Displays, believes it is time that Council approves Mr. Mark Kudlers proposed agreement. Shawn Powell - Spoke on Item #27 supports Bulletin Displays, stated that this would be good business for the City of Lynwood. Mark Kudler - Spoke on Item #27 stated that the purpose of this item is to provide the City Council with a summary of the several years of events surrounding the issue of outdoor advertising in the City as background to the consideration of the proposal from Bulletin Displays set forth in the proposed agreement for lease and development fees. Alex Landeros - Spoke on Item #24 and Item #25 stated that these groups are requesting too much money, the City is in a budget crisis. PUBLIC ORAL COMMUNICATIONS Irene Garcia - Stated that she called the animal control department and they came by on Monday and did a sweep. Loma Hawkins - Supports Item #27 Bulletin Displays and Item #24 Youth Baseball Clinic. Stated that the graffiti and gangs are getting out of control this City if full of criminal activities and it is time that someone takes control. Frank Calderon - Stated that at the last block watch meeting they discussed the serious issues of prostitution, drugs and crime that is being committed here in the City of Lynwood it is time for Council to take action. Maria Estrada - Complained about two trees destroying her concrete in front of her business, stated that she has been complaining with the City for a long time to please remove the trees. Jack Kean - Stated that the City should to try different Law Enforcement Tasks. Margaret Araujo - Stated that she brought girls to the Council from Plaza Mexico. Pearline Calderon - Stated that if someone from the audience has brought girls to present to the Council, they should do them when all the presentations are being made it is not fair that we have to sit here and watch this. Jose Lopez - Supports the Lynwood Youth Baseball Clinic. Kent West - Supports Bulleting Displays. Joaquin Macias - Stated that he supports the Youth Baseball Clinic but believes that nineteen thousand two hundred fifty dollars is just too much the City is in a budget crisis. Martha Rodriguez - Supports the Lynwood Youth Baseball Clinic. Adrian Velasquez - Supports the Lynwood Youth Baseball Clinic. Emilio Garcia - Supports the Lynwood Youth Baseball Clinic. James Bishop - Supports the Lynwood Youth Baseball Clinic. Tony Miranda - Thanked the Council for supporting the Lynwood Youth Baseball Clinic in the past, stated that this program is allowing the youth to go to college have a fulltime job and become someone. Mr. Habuyano - Supports the Lynwood Youth Baseball Clinic. Alfred Castellanos - Supports the Lynwood Youth Baseball Clinic. DISCUSSION ITEM Item//24: YOUTH BASEBALL CLINIC A request has been made by Lynwood Athletics Community Services (LACS) for the City of Lynwood to sponsor the l0th Annual James Bishop - Tony Miranda Lynwood Baseball/Softball Clinic, combined with the 4th Annual LACS OLYMPICS and the 2nd Annual Lynwood park Coaches Clinic to begin on Saturday, January 22, 2005. This event would take place at Lynwood High School from 9:00 a.m. - 5:00 p.m. It was moved by Councilman Byrd, second by Councilwoman Vasquez to approve Option # 1 approving the City of Lynwood sponsorship of the Youth Baseball Clinic in its entirety. Substitute motion, it was moved by Mayor Pro Tem Santillan, second by Mayor Rodriguez to approve Option #2 approving the City of Lynwood sponsorship of 1/2 of the cost associated with the Youth Baseball Clinic and adopt the following Resolution. RESOLUTION NO. 2004.204 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF NINE THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE FOR THE 2005 YOUTH BASEBALL CLINIC. SUBSTITUTE MOTION ROLL CALL: AYES: COUNCILMEN PEDROZA, SANTILLAN AND RODRIGUEZ NOES: COUNCILMEN BYRD AND VASQUEZ ABSTAIN: NONE ABSENT: NONE Item #9: MINUTES OF PREVIOUS MEETING: It was moved by Councilman Byrd, second by Mayor Rodriguez to adopt the following minutes. · Regular Meeting, November 2, 2004 ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC ItEARING Item#14: PROPOSED MEDIAN ISLANDS ON ABBOTT ROAD FROM MARTIN LUTHER KING JR. BOULEVARD TO ATLANTIC AVENUE On October 26, 2004 as part of the design for the Abbott Road Design Project, staff presented the City Council with the landscaped median islands design concept and requested City Council for its direction. The City Council approved setting this matter for a public hearing on December 7, 2004. It was moved by Councilman Pedroza, second by Councilman Byrd and carried to open the public heating. City Clerk Hooper - Presented to Council letters against the proposed Median Islands. Paul Brozett - Is against the Proposed Median Islands. Antonio Mongia - Is against the Proposed Median Islands. Minerva Beltran - Is against the Proposed Median Islands. Pedro Beltran - Is against the Proposed Median Islands. Manual Francisco - Is against the Proposed Median Islands. Linda Miller - Is against the Proposed Median Islands. Eddie Milton - Is against the Proposed Median Islands. It was moved by Councilman Pedroza, second by Councilman Byrd and carried to close the public heating. It was moved by Councilman Pedroza, second by Mayor Pro Tem Santillan to approve Option #1 with direction to staff to proceed. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NONE NONE NONE JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH EMIGDIO RODRiGUEZ AND THE SALE OF LAND FOR THE PROPOSED PROJECT NOES: ABSTAIN: ABSENT: Item #10: During its June 15, 2004 closed session meeting the Agency reached consensus and provided further instruction regarding the terms and conditions for the possible disposition of this property identified as Assessor Identification Number 6189-011-900. Staff has negotiated the sale of this property to Emigdio Rodriguez pursuant to these instructions. This item provides a public hearing for the sale of land, which is required by current California Redevelopment Law whenever property is disposed. It was moved by Councilman Pedroza, second by Mayor Pro Tem Santillan and carried to open the public hearing. Hearing no response, it was moved by Councilwoman Vasquez, second by Councilman Byrd and carried to close the public hearing. It was moved by Councilman Pedroza, second by Mayor Rodriguez to adopt the following Resolutions. RESOLUTION NO. 2004.205 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED DISPOSITION DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND EMIGDIO RODRIGUEZ FOR THE DEVELOPMENT OF PARKING FACILITIES AT THE NORTHWEST CORNER OF FERNWOOD AVENUE AND ATLANTIC AVENUE. RESOLUTION NO. 2004.206 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND EMIGDIO RODRIGUEZ. ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ NOES: COUNCILMAN BYRD ABSTAIN: NONE ABSENT: NONE SANTILLAN, VASQUEZ AND Item #11: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH JAIME GUTIERREZ AND THE SALE OF LAND FOR THE PROPOSED PROJECT During its June 15, 2004 closed session meeting the Agency reached consensus and provided further instructions regarding the terms and conditions for the possible disposition of this property identified as Assessors Identification Number 6189-011-900. Staff has negotiated the sale of this property to Jaime Gutierrez pursuant to these instructions. This item provides a public hearing for the sale of land, which is required by current California Redevelopment Law whenever property is disposed. It was moved by Councilman Pedroza, second by Mayor Rodriguez and carried to open the public hearing. Hearing no response, it was moved by Councilman Pedroza, second by Councilman Byrd and carded to close the public hearing. It was moved by Councilman Pedroza, second by Mayor Pro Tem Santillan to adopt the following Resolutions. RESOLUTION NO. 2004.207 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED DISPOSITION DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND JAIME GUTIERREZ FOR THE DEVELOPMENT OF AND RELOCATION OF U.S. APPLIANCES TO THE NORTHEAST CORNER OF FERNWOOD AVENUE AND ATLANTIC AVENUE. RESOLUTION NO. 2004.208 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND JAIME GUTIERREZ. ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ NOES: COUNCILMAN BYRD ABSTAIN: NONE ABSENT: NONE SANTILLAN, VASQUEZ AND Item//12: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH TABZAC LLC FOR THE DEVELOPMENT OF SIX RESIDENTIAL HOMES NEAR THE INTERSECTION OF MURIEL AVENUE AND LOUIS STREET The Agency has selected Tabzac LLC to purchase the Muriel Estates project and develop six (6) market-rate homes near the corner of Muriel Avenue and Louis Street. This item provides a public hearing for the sale of land, which is required by current California Redevelopment Law whenever property is disposed. It was moved by Councilman Pedroza, second by Mayor Rodriguez to continue the Item to January 4, 2005. Approved by general consent. Item #13: ZONE CHANGE NO. 2004-04 SOUTH SIDE OF FERNWOOD AVENUE NORTH OF THE 1-105 FREEWAY BETWEEN BULLIS ROAD AND ATLANTIC AVENUE The purpose of this item is for the City Council to conduct a public hearing to consider introducing an ordinance that would approve Zone Change No. 2004-04 a request to change the zoning designation on excess Caltrans property from "No Zone" to PRD (Planned residential Development). This request is in conjunction with a project by Hermilio Franco to construct thirty-nine (39) detached single-family residences and seven (7) common lots (pocket parks). It was moved by Councilman Pedroza, second by Councilman Byrd and carried to open the public hearing. Irene Garcia - Is against the Zone Change No. 2004-04 to develop thirty-nine (39) single- family residences. Questioned that who is really Emilio Franco is he qualified to perform this kind of project. It was moved by Mayor Rodriguez, second by Councilman Pedroza and carried to close the public heating. It was moved by Mayor Pro Tem Santillan, second by Mayor Rodriguez to waive first reading of ordinance entitled. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2004-04 CHANGING THE ZONING DESIGNATION FROM "NO ZONE" TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) IN ORDER TO DEVELOP THIRTY-NINE (39) DETACHED SINGLE-FAMILY RESIDENCES AND SEVEN (7) COMMON LOTS (POCKET PARKS) ON VACANT PROPERTY LOCATED ON THE SOUTH SIDE OF FERNWOOD AVENUE, NORTH OF THE 1-105 (CENTURY) FREEWAY, BETWEEN BULLIS ROAD AND ATLANTIC AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6174-001-900-901 AND 6189- 012-902-908, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: COUNCILMEN PEDROZA, SANTILLAN AND RODRIGUEZ NOES: COUNCILMEN BYRD AND VASQUEZ ABSTAIN: NONE ABSENT: NONE 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. Councilman Pedroza - Pulled Item # 17. It was moved by Councilman Pedroza, second by Mayor Pro Tem Santillan to adopt the following Resolutions. Item #15: PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT The current Memorandum of Understanding between the City the City Employees and Management Employee Associations establishes the family premium rate for Kaiser coverage as the level of the City's contribution toward any Public Employees Retirement System health insurance plan for active and retired employees. In January of each year the premium rates generally increase for health plans. Government Code Section 11857 requires the City's adoption of a Resolution annually establishing the current City contribution for active employees. RESOLUTION NO. 2004.209 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT. Item #16: APPROVAL OF WARRANT REGISTER RESOLUTION NO. 2004.210 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #18: AWARD OF CONTRACT STREET IMPROVEMENT PROJECT, PROJECT NUMBER 5-5299 CARLIN AVENUE, PALM AVENUE, AGNES AVENUE AND PEACH STREET The bid opening for the Carlin Avenue, Palm Avenue, Agnes Avenue and Peach Street Improvement Project was held in the office of the City Clerk on November 23, 2004. Bannaoun Engineers Constructors was the apparent lowest bidder. RESOLUTION NO. 2004.211 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO BANNAOUN ENGINEERS CONSTRUCTORS IN THE AMOUNT OF $267,747.50 FOR THE CARLIN AVENUE, PALM AVENUE, AGNES AVENUE AND PEACH STREET IMPROVEMENT PROJECT, PROJECT NUMBER 5-5299 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #17: MULTI-WAY STOP AT MALLISON AVENUE AND ALMA AVENUE In response to requests from local residents, the Roosevelt School principal, and certain members of the City Council, staff has reviewed relevant information to determine if the intersection of Mallison Avenue can be designated as a multi-way stop intersection. The review showed that it is justifiable for special conditions. On November 18, 2004, the Lynwood Traffic and Parking Commission concurred with staff's recommendation to designate this intersection as a multi-way stop intersection. Councilman Pedroza - Questioned staff in how did they determine if the intersection of Mallison Avenue and Alma Avenue can be designated as a multi-way stop intersection. Yadi Farhadi - Staff determined it because of the local residents and children that are causing too much traffic. It was moved by Councilman Pedroza, second by Councilwoman Vasquez to adopt the following Resolution. RESOLUTION NO. 2004.212 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DESIGNATION OF THE INTERSECTION OF MALLISON AVENUE AND ALMA AVENUE AS A MULTI-WAY STOP INTERSECTION. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS Item #19: REQUEST FOR SPECIAL PERMIT: PROCESSION ST. EMYDIUS PARISH POSADA A request has been made by the St. Emydius Parish to conduct Christmas Posada Processions from Thursday - Monday, December 16-20, 2004. The processions will require a law enforcement escort on December 17 & 19 for approximately 45 minutes. According to the Sheriff's Department, this request can be accommodated with a minimal impact on law enforcement services. It was moved by Councilman Pedroza, second by Mayor Pro Tern Santillan to approve the St. Emydius Parish Posada. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE It was moved by Mayor Pro Tem Santillan, second by Councilman Byrd to approve Option #2 Approve the request for the street closure for the Christmas Posadas with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. Substitute motion, it was moved by Councilman Pedroza, second by Mayor Rodriguez to approve Option #4 Approve the request for street closure for the Christmas Posadas and provide all items and/or services requested by the group that can be acquired by staff, also approving the sum not to exceed fifteen thousand dollars to be only dedicated to the Christmas Posadas for the City of Lynwood. Item#20: REQUEST FOR SPECIAL PERMIT: STREET CLOSURE POPE AVENUE CHRISTMAS POSADA A request has been made by the Pope Avenue Block Watch to close the street on Pope Avenue between Los Flores and Elmwood to conduct a Christmas Posada on Friday, December 17, 2004. This is one (1) of four (4) requests of this nature received by City staff to date. Staff estimates that the direct and in-direct costs associated with this request are $2,045.00. Item #21: REQUEST FOR SPECIAL PERMIT: STREET CLOSURE LYNWOOD LATINO COALITION CHRISTMAS POSADA A request has been made by the Lynwood Latino Coalition to close the street on Norton Avenue between State Street and Peach Street to conduct a Christmas Posada on Saturday, December 18, 2004. This is one (1) of four (4) requests received by City staff to date the direct and in-direct costs associated with this request are $2,595.00. Item #22: REQUEST FOR SPECIAL PERM1T: STREET CLOSURE FLOWER STREET CHRISTMAS POSADA A request has been made by Flower Street Block Watch to close the street on Flower Street between State Street and Peach Street to conduct a Christmas Posada Thursday, December 16, 2004. This is one of four (4) requests received to date for special permits for street closures to conduct Posadas. Staff estimates that the direct and in-direct costs associated with this request are $2,045.00. Item #23: REQUEST FOR SPECIAL PERMIT: STREET CLOSURE WRIGHT ROAD CHRISTMAS POSADA A request has been made by the Wright Road Block Watch to close the street on Wright Road between Josephine and Lavinia to conduct a Christmas Posada Sunday, December 12, 2004. This is one of four (4) request received to date for special permits for street closure to conduct Posadas. Staff estimates that the direct and in-direct costs associated with this request are $1,361.00. SUBSTITUTE MOTION ROLL CALL: AYES: COUNCILMEN PEDROZA, VASQUEZ AND RODRIGUEZ NOES: COUNCILMAN BYRD AND SANTILLAN ABSTAIN: NONE ABSENT: NONE Item #25: LYNWOOD HIGH SCHOOL ALUMNI ASSOCIATION COLLEGE FAIR SPONSORSHIP FOR PURCHASE OF TWO (2) STREET BANNERS The Lynwood High School Alumni Association is a group of student alumni from Lynwood High School who help and assist current Lynwood High students in the process for college admissions. They are requesting the participation of the City via the purchase of two, street banners to advertise a college fair they will be hosting on Saturday, January 15, 2005 from 9:00 a.m. to 3:00 p.m. at Lynwood High School. The estimated cost is $1, 300.00. It was moved by Mayor Pro Tem Santillan, second by Mayor Rodriguez to adopt the following Resolution. RESOLUTION NO. 2004.213 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE SPONSORSHIP PURCHASE OF TWO STREET BANNERS FOR THE LYNWOOD HIGH ALUMNI ASSOCIATION COLLEGE FAIR. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #26: LAW ENFORCEMENT FUNDING The purpose of this item is to have the City Council adopt the attached resolution authorizing a funding appropriation for the Sheriff's Department to supplement law enforcement services. This will include the continued funding of the Community Oriented Policing (COPS) Team after the grant funding expires in February in the amount of $80,400.00. Staff is also proposing to fund overtime for the Century Station Gang Enforcement Team (GET) to concentrate efforts on active gangs in Lynwood for the remainder of the fiscal year in the amount of $64,600.00. Captain James Lopez - Explained and presented the information on the GET Team to Council. It was moved by Councilman Pedroza, second by Councilman Byrd to adopt the following Resolution. RESOLUTION NO. 2004.214 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE CONTINUED FUNDING OF TWO COPS DEPUTIES AND SUPPLEMENTAL OVERTIME FOR THE GANG ENFORCEMENT TEAM IN THE AMOUNT OF $145,000.00 FOR FISCAL YEAR 2004-2005. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #27: BULLETIN DISPLAYS PROPOSED AGREEMENT FOR LEASE AND DEVELOPMENT FEES The purpose of this item is to provide the City Council with a summary of the several years of events surrounding the issue of outdoor advertising in the City as background to the consideration of the proposal from Bulletin Displays set forth in the proposed agreement for lease and development fees. City Attorney Beltran - Explained to Council that this item should be differed after Close Session. By general consent the Item will be discussed in Joint Closed Session. CLOSED SESSION Item #28: CLOSED SESSION ITEMS City Attorney Beltran stated with respect to every item of business to be discussed in Joint Closed Session Pursuant to Section 54956.8: A. Conference with Legal Counsel: One (1) Case B. Conference with Real Property: Bulletin Displays - OMG - Regency C. Public Employee Appointment/Employment/Performance: Assistant City Manager - Director of Finance D. Conference with Legal Counsel: 1. Regency Outdoor Advertising Inc. v. City of Lynwood Case No. BC285256 2. Bulletin Displays LLC v. City of Lynwood Case No. BS091177 It was moved by Councilman Pedroza, second by Councilman Byrd and carried to recess to Joint Close Session at 11:30 p.m. Council reconvened at 1:15 a.m. City Attorney Beltran stated that Council met on the aforementioned matters and reported A. Conference with Legal Counsel: Council did not address this item. B. Conference with Real Property Negotiators: Bulletin Displays- OMG-Regency: Council provided further instructions to staff on this matter. C. Public Employee Appointment/Employment/Performance: Assistant City Manager-Director of Finance: Council provided further instructions to staff about the position in affect accepting an extended leave of absence till the retirement of the Assistant City Manager and Director of Finance. D. Conference with Legal Counsel: 1. Regency Outdoor Advertising Inc. v. City of Lynwood: Council did not take action. 2. Bulletin Displays LLC v. City of Lynwood: Council did not take action. ADJOURNMENT Having no further discussion, it was moved by Mayor Pro Tern Santillan, second by Councilman Pedroza and carried to adjourn the Regular Council Meeting at 1:20 a.m. Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk LYNWOOD UTILITY AUTHORITY REGULAR MEETING DECEMBER 7, 2004 The Lynwood Utility Authority of the City of Lynwood met in a Regular Meeting in the Council Chambers, 11330 Bullis Road on the above date at 7:20 p.m. President Rodriguez presiding. Member Byrd, Pedroza, Santillan, Vasquez, and Byrd answered the joint roll call. Also present were Executive Director Hempe, City Attorney Beltran, Secretary Hooper and Treasurer Pygatt. Secretary Hooper announced that the agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) NONE PUBLIC ORALS COMMUNICATIONS NONE Item #4: MINUTES OF PREVIOUS MEET1NG: It was moved by Vice President Santillan, second by Member Byrd to approve the following minutes. · Regular Meeting, October 5, 2004 ROLL CALL: AYES: MEMBER BYRD, RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE PEDROZA; SANTILLAN, VASQUEZ AND 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. It was moved by Member Vasquez, second by Member Pedroza to adopt the following Resolution. Item #5: AWARD OF CONTRACT - STREET IMPROVEMENT PROJECT NO. 5-5299 CARLIN AVENUE, PALM AVENUE, AGNES AVENUE AND PEACH STREET The bid opening for the Carlin Avenue, Palm Avenue, Agnes Avenue and Peach Street improvement project was held in the office of the Secretary on Tuesday, November 23, 2004. Barmaoun Engineers Constructors was the apparent lowest bidder. RESOLUTION NO. 2004.012 ENTITLED: A RESOLUTION OF THE LYNWOOD UTILITY AUTHORITY AWARDING A CONTRACT TO BANNAOUN ENGINEERS CONSTRUCTORS IN THE AMOUNT OF $267,754.50 FOR THE CARLIN AVENUE, PALM AVENUE, AGNES AVENUE AND PEACH STREET IMPROVEMENT PROJECT, PROJECT NUMBER 5-5299 AND AUTHORIZING THE PRESIDENT TO EXECUTE THE AGREEMENT. ROLL CALL: AYES: MEMBER BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE ADJOURNMENT Having no further discussion, it was moved by Member Byrd, seconded by Member Pedroza and carried to adjourn the Regular Council Meeting at 7:25 p.m. Ramon Rodriguez, President Andrea L. Hooper, Secretary LYNWOOD CITY COUNCIL REGULAR MEETING DECEMBER 21, 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 5:05 p.m. Mayor Rodriguez presiding. Councilman Byrd, Santillan, Vasquez, and Rodriguez answered the roll call. Councilman Pedroza was absent. 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: Awards were presented from Council to the Lynwood Unified School District Security's for their outstanding job. Interim City Manager Wang - Explained to Council that there is a Subsequent Need Item regarding the Water Main Line on Well Number #5. It was moved by Councilman Byrd, second by Mayor Rodriguez to hear the Subsequent Need Item. ROLL CALL: AYES: COUNCILMEN NOES: ABSTAIN: ABSENT: RODRIGUEZ NONE NONE BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA City Attorney Beltran - Stated that in affect what Council is requested to do is to grant authority to the Interim City Manager to proceed with an informal bid for the purpose of relocating the Water Line that is presently underneath some improvements the cost estimate is $40,000.00 which will be paid by Mountain Union this cost is the cost of doing the work plus reimburse the City for any incremental costs in having to do without the water from the well which is considerable cost less than what Council would have to pay Central Basin to have water deliveries. It was moved by Councilman Subsequent Need Item. Byrd, second by Mayor Rodriguez to approve the ROLL CALL: AYES: COUNCILMEN NOES: ABSTAIN: ABSENT: RODRIGUEZ NONE NONE BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA Item #7: CITY MANAGERS REPORT: CROSSWALKS WITH IN-PAVEMENT LIGHTS: Director of Environmental Services/City Engineer Yadi Farhadi - Explained to the Council that the project is the installation of the In-Pavement Lights for School Crosswalks, usually when staff has finished a project we come back for Councils approval only, but since this is a new project that the City has never done before that is why I prefer to bring it to the Councils attention that staff has completed this project and for the next scheduled regular meeting staff will bring it back for Councils approval. Staff also wanted the public to be aware of what the City is doing to better the safety of the children and community. HAM PARK PROJECT UPDATE-UNIVERSAL FIELD SERVICES: Universal Field Services Representative Kent Milton - Presented to Council a slide show for the update of the Ham Park Project. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia - Spoke on Item #11 stated that she would like to know if there is compensation to Lynwood for the banners of advertising from Compton. Item #14 stated that why not grandfather all the illegal garage conversions and then City would be in compliance. Item #21 stated that the City has an Ordinance pertaining to oversize vehicles, what Council should do is deal with the manufacture vehicles. Item #22 hopes that Telecom does not interfere with our cell phones and house phones. Item #23 please no more contract change orders. Item #24 also no more contract change orders. Lynwood Motor Homes Associations Representative Mr. Tucker - Spoke on Item #21 stated that he would like for Council to reconsider revising the Ordinance and allow the parking of Motor Homes in residential zones. Jorge Arisevalio - Spoke on Item #21 stated that he would like for Council to reconsider revising the Ordinance. PUBLIC ORAL COMMUNICATIONS Item//9: MINUTES OF PREVIOUS MEETING: It was moved by Councilman Byrd, second by Councilwoman Vasquez to approve the following minutes. · Regular Meeting, November 16, 2004 ROLL CALL: AYES: COUNCILMEN NOES: ABSTAIN: ABSENT: RODRIGUEZ NONE NONE BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA PUBLIC HEARING Item//10: REGULATING POLITICAL ACTIVITIES OF CITY OFFICERS AND EMPLOYEES The purpose of this item is to have the City Council consider adopting a proposed ordinance which repeals sections 18-16, 18-18, 18-19 and 18-20 of the Lynwood Municipal Code and adopts a new section 18-16 for the purpose of regulating the political activities of City officers and employees while on City premises and during working hours. It was moved by Councilman Byrd, second by Mayor Pro Tem Santillan and carried to open the public hearing. Deputy City Attorney Jennifer Mizrahi - Explained to Council that the Code has not been updated, and that basically what this Ordinance does is regulate the political activities of City Employees and City Officials when they are working or on City premises. Stated that she would like to add an amendment for Councils consideration and that is amending section 18-16.6 to read as follows a City Officer or City Employee except for Elected Officials found in violation of subsection 18-16.2 or 18-16.3 and 18-17 of this Ordinance may be subject to disciplinary action up to and including termination. City Attorney Beltran - Explained that number one prior to acting on this Ordinance your still have an Ordinance in place were you have a Municipal Code provision which addresses this. What Council should do is focus on this item in that prospect fashion regardless of what may have happened the fact of the matter is you also have in place general principals. Councilwoman Vasquez- Stated that she would like to add Subsection 18-16.6 regarding the $500.00 fine. It was moved by Councilman Byrd, second by Mayor Rodriguez and carried to close the public hearing. It was moved by Councilman Byrd, second by Mayor Rodriguez to introduce the following ordinance and waive first reading by title only. ORDINANCE FIRST READING ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SECTIONS 18-16, 18-18, 18-19 AND 18-20 OF THE MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING A NEW SECTION 18-16 FOR THE PURPOSE OF REGULATING THE POLITICAL ACTIVITIES OF CITY OFFICERS AND EMPLOYEES WHILE ON PREMISES AND DURING WORKING HOURS. ROLL CALL: AYES: COUNCILMEN NOES: ABSTAIN: ABSENT: RODRIGUEZ NONE NONE BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA 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 of staff request specific items be removed from the Consent Calendar for separate action. It was moved by Councilman Byrd, second by Mayor Rodriguez to receive and file and adopt the following Ordinance and Resolutions. Item #11: REQUEST BY COMPTON COMMUNITY COLLEGE TO ADVERTISING SPRING SEMESTER REGISTRATION The purpose of this item to receive Council authorization for Compton Community College to hang street banners announcing their spring registration period beginning immediately through January 14, 2005. Item #12: SECOND READ1NG OF ORDINANCE ZONE CHANGE NO. 2004-04 SOUTH SIDE OF FERNWOOD BETWEEN BULLIS ROAD AND ATLANTIC AVENUE ORDINANCE NO. 1560 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2004-04 CHANGING THE ZONING DESIGNATION FROM "NO ZONE" TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) IN ORDER TO DEVELOP THIRTY-NINE (39) DETACHED SINGLE-FAMILY RESIDENCES AND SEVEN (7) SOUTH SIDE OF FERNWOOD AVENUE, NORTH OF THE 1-105 (CENTURY) FREEWAY, BETWEEN BULLIS ROAD AND ATLANTIC AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6174-001-901 AND 6189-012- 902-908, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. Item #13: WARRANT REGISTER RESOLUTION NO. 2004.215 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #14: SELECTION OF CONSULTANT TO PREPARE LYNWOOD'S HUD FIVE-YEAR CONSOLIDATED PLAN AND FAIR HOUSING ASSESSMENT The purpose of this item is to have the City Council review the attached proposal and approve staff's selection of a consultant to prepare the City's five-year Consolidated Plan and Fair Housing Assessment. RESOLUTION NO. 2004.216 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING STAFF'S SELECTION OF CASTANDAS & ASSOCIATES TO PREPARE THE CITY OF LYNWOOD'S HUD CONSOLIDATED FIVE-YEAR PLAN AND FAIR HOUSING ASSESSMENT. Item #15: RUBBERIZED ASPHALT CONCRETE GRANTS The Califomia Integrated Waste Management Board is accepting applications from local agencies for the Rubberized Asphalt Concrete Grant Program. Local agencies are required to adopt a resolution approving the application. RESOLUTION NO. 2004.217 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE RUBBERIZED ASPHALT GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE AGREEMENT. Item #16: AWARD OF CONTRACT STREET IMPROVEMENT PROJECT, PROJECT NUMBER 5-5299 VIRGINIA AVENUE AND JOSEPHINE STREET The bid opening for the Virginia Avenue and Josephine Street Improvement Project was held in the office of the Secretary on Thursday September 30, 2004. Bannaoun Engineers-Constructors was the apparent lowest bidder. RESOLUTION NO. 2004.218 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO BANNAOUN ENGINEERS-CONSTRUCTORS IN THE AMOUNT OF $372,465.00 FOR THE VIRGINIA AVENUE (STATE STREET TO LINDBERGH AVENUE) AND JOSEPHINE STREET (BULLIS ROAD TO MURIEL DRIVE) IMPROVEMENT PROJECT, PROJECT NUMBER 5-5299 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. Item 817: AUTHORIZATION TO EXECUTE AGREEMENTS WITH CALTRANS The city must have a designated person to sign all agreements between the city and Caltrans. Staff recommends that the Mayor or the Mayor's designee be authorized to sign these agreements. RESOLUTION NO. 2004.219 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR OR THE MAYOR'S DESIGNEE TO EXECUTE LL MASTER AGREEMENTS, PROGRAM SUPPLEMENTAL AGREEMENTS, FUND EXCHANGE AGREEMENTS, FUND TRANSFER AGREEMENTS AND ANY AMENDMENT THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Item//18: TREASURER'S QUARTERLY INVESTMENT REPORT 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. ROLL CALL: AYES: COUNCILMEN NOES: ABSTAIN: ABSENT: RODRIGUEZ NONE NONE BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA DISCUSSION ITEMS Item//19: MAYORAL APPOiNTMENTS FOR VARIOUS MUNICIPAL ORGANIZATIONS AND COMMITTEES The purpose of this item is for the Mayor to make appointments of Delegate and Alternates for the various Municipal Organizations and Committees where Members of the City Council serve as members. Mayor Pro Tem Santillan - Stated that she would like to discuss this Item when all five Councilmembers are present. It was moved by Mayor Pro Tem Santillan, second by Mayor Rodriguez to continue the item. By general consent. Item #20: REQUEST FOR SPECIAL PERMIT FOOD 4 LESS PARKING LOT PROMOTIONAL GIVE-AWAY Candice Verdi of Food 4 Less Marketing is requesting a Special Permit to conduct a Parking Lot - Promotional Give-Away at the store located at 11245 Long Beach Boulevard on Saturday, January 8, 2005 from 9:00 a.m. to 5:00 p.m. It was moved by Councilman Byrd, second by Mayor Pro Tem Santillan to approve the request with the following conditions: 1. The Proponent of the Permit agrees to pay all permit fees no later than January 4, 2005. 2. The Proponent has met all requirements set forth by the Fire Department. 3. The Proponent agrees to provide the security requirement set forth by the Sheriff's Department. 4. The Proponent must agree to keep noise levels within those prescribed by the Lynwood Municipal Code. NOES: ABSTAIN: ABSENT: ROLL CALL: AYES: COUNCILMEN BYRD, RODRIGUEZ NONE NONE COUNCILMAN PEDROZA Item #21: SANTILLAN, VASQUEZ AND Director of Development Services Grant Taylor - Explained that the purpose of this item is for the City Council to review and consider amending Ordinance No. 1555 that restricts parking of oversize vehicles in residential zones. The City Council has several options to include but not to limited to leaving the ordinance as is, amending the ordinance to allow additional recreation vehicle maintenance time, amend the ordinance to exempt recreation vehicles, repeal the ordinance in its entirety or a City Council identified option. Parking Control Manager J.D. Whitaker - Presented to Council a brief power point presentation. DISCUSSION REGARDING OVERSIZE VEHICLES (RECREATION VEHICLES) ORDINANCE NO. 1555 It was moved by Mayor Pro Tem Santillan, second by Councilman Byrd to approve Option #2: Leave the Ordinance as is, void existing citations on hold, send notice of beginning enforcement date, with the exception of the three (3) owners that do not have a place to park their RV that Council give them a six or three month period so the owners can find other parking alternatives. ROLL CALL: AYES: COUNCILMEN BYRD, SANTILLAN AND RODRIGUEZ NOES: COUNCILWOMAN VASQUEZ ABSTAIN: NONE ABSENT: COUNCILMAN PEDROZA Council directed staff to start the enforcement in ninety days. Item//22: TELECOMMUNICATIONS SITE LICENSE AGREEMENT CITY OF LYNWOOD AND AB CELLULAR LA The purpose of this item is for the City Council to consider a request by Velocitel on behalf of AT&T Wireless (AB Cellular) to collocate facilities at the Sprint Clock Tower located on the City owned traffic median at the intersection of Long Beach Boulevard and State Street. The collocation agreement includes lease amount, antenna and ground equipment installation and license provisions. It was moved by Mayor Pro Tem Santillan, second by Councilman Byrd to approve the telecommunications site license agreement. ROLL CALL: AYES: COUNCILMEN NOES: ABSTAIN: ABSENT: RODRIGUEZ NONE NONE BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA Item #23: CONTRACT CHANGE ORDER MUNICIPAL CODE REVIEW City Council has instructed staff to bring back the existing Municipal Code governing change orders for review and to make necessary modifications if any. Director of Environmental Services/City Engineer Yadi Farhadi - Explained to Council the necessity for change orders. It was moved by Mayor Rodriguez, second by Mayor Pro Tem Santillan to receive and file the attached Section 6-3.15 Articles a-f of the Lynwood Municipal Code. ROLL CALL: AYES: COUNCILMEN NOES: ABSTAIN: ABSENT: RODRIGUEZ NONE NONE BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA Item #24: QUARTERLY CONTRACT CHANGE ORDER REPORT (AUGUST 1, 2004 THROUGH OCTOBER 31, 2004) Staff has reviewed all Capital Improvement Projects and has identified five (5) contract change orders, which were issued during the period from August 1, 2004 through October 31, 2004. It was moved by Councilman Byrd, second by Mayor Rodriguez to receive and file staff s contract change order report for the period of August 1, 2004 through October 31, 2004. ROLL CALL: AYES: COUNCILMEN RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: BYRD, SANTILLAN, VASQUEZ AND COUNCILMAN PEDROZA CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Councilwoman Vasquez - Wished every one a Merry Christmas and a Happy New Years. Councilman Byrd - Stated that he is very excited with the new Hotel project on Long Beach Boulevard and also wished every one a Merry Christmas and a Happy New Years. Mayor Pro Tem Santillan - Wished every one a Merry Christmas and a Happy New Years. Mayor Roddguez - Stated that he thinks of the publics safety first and that is why he voted not to allow the over size vehicles on residential zones. Wished every one a Merry Christmas and a Happy New Years. CLOSED SESSION Item #25: CLOSED SESSION ITEMS City Attorney Beltran stated with respect to every item of business to be discussed in Joint Closed Session Pursuant to Section 54956.8: A. Conference with Labor Negotiator - Lynwood Employees Association B. Public Employment - City Manager and Deputy Director of Redevelopment It was moved by Councilman Byrd, second by Mayor Rodriguez and carried to recess the Joint Closed Session at 9:00 p.m. Council reconvened at 10:30 p.m. City Attorney Beltran stated that Council met on the aforementioned matters and reported OBi Conference with Labor Negotiator - Lynwood Employees Association: Council reached consensus to follow the schedule that Ms. Black presented for the implementation of the program in question. Public Employment - City Manager and Deputy Director of Redevelopment: Council took no action for the City Manager position. And for the Deputy Director of Redevelopment position Council directed staff to bring back a statutes report for a future date for action. ADJOURNMENT Having no further discussion, it was moved by Councilman Byrd, second by Mayor Pro Tem Santillan and carried to adjourn the Regular Council Meeting at 10:35 p.m. Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk DATE: January:[8, 2005 TO: FROM: BY: Honorable Mayor and Members of the City Council Joseph Y. Wang, Acting City Manag~ Grant Taylor, Director of Develop~rvices SUB3ECT: COMMENTS: BOARD OF APPEALS HEARING OF LYNWOOD BUILDINn OFFICIAL'S NOT~CE AND INTENT TO VAC~ATE AND SECURF THE STRUCTURE LOCATED AT: 12627 Oak Avenue (~Subject Structure") Assessor Parcel Numbers 6176-0:L0-020 and 039 For the City Council acting as the Board of Appeals to conduct a hearing in accordance with the :[997 Uniform Code for the Abatement of Dangerous Buildings and the 200:[ California Building Code Section :[05, as adopted and amended by the Lynwood Municipal code Section H-L:[ and H-:[.2(b), to consider an appeal filed by the tenants of :[2627 Oak Avenue requesting that the Board overturn the decision of the Lynwood Building Official to vacate and secure the Subject Structure due to violations of the California Building Code, the Los Angeles County Fire Code, the Los Angeles County Health and Safety Code, and the Lynwood Municipal Code. ISSUE: The issue that is before the City Council sitting as the Board of Appeals solely is in reference to vacating and securing the Subject Structure. Tt is not in reference to any prior Conditional Use Permit that has already been denied through proper Planning Commission and Appeal procedures. PROPERTY PROFILE The subject property is located on the west side of Oak Avenue, between Euclid Avenue and Stockton Street, immediately west of Orchard Avenue. The subject property is irregular in shape, totals 25,284 square feet in area, and is located in the R- 3 (Multiple-Family Residential) zone. The northerly portion of the property is within the City of Lynwood and is developed with a 14,64~ square foot structure, two-stories in height that is being utilized as an unauthorized homeless shelter/dormitory. AGENDA ITEM H :\WORDFILE~PLANNING\STAFFRPT\boardo fappeals. 12627oak. ] - 18-05¢ouncil.doc -1 - The southerly portion of the property is in the City of Compton and is developed with an 884 square foot residence and a parking lot. The property owner, Clara Howard, resides at 3263 Euclid Avenue and previously provided meals to the shelter daily. The Subject Structure comprises of two stories, 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 - i water closet, i bath, and 1 lavatory). The church occupies less than one-half of the first floor area. On several occasions (discussed later in this report) the owner of the Subject Structure has deceivingly and consistently referred to the establishment as a "Homeless Shelter." It has later come to the City's attention that this so-called homeless shelter is comprised of approximately 35 tenants who allegedly pay $280-$300 oer person per month, generating aooroximatelv $9.800 - $10,500 per month for the owner, Clara Howard. APPLI'CABLE CODES Due to violations of the California Building Code, the Los Angeles County Fire Code, the Los Angeles County Health and Safety Code and the Lynwood Municipal Code (LhlC), the property was denied approval to operate as a homeless shelter. The Lynwood Building Official, due to numerous violations of the California Building Code, deemed the structure a Dangerous Building and ordered the structure vacated and secured. LMC Section 11-1 adopts the Uniform Building Code 1994 and subsequent updates by reference. The California Building Code (CBC) 2001 is the most current update. The CBC adopts the Uniform Code for the Abatement of Dangerous Buildings 1997. LMC Subsection 11-1.2(b) amends Section 105 of the Building Code entitled "Board of Appeals" and reads in part "In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relating to the application and interpretation of this Building Code, a Board of Appeals is established consisting of five (5) members, all of whom shall be duly elected members of the City Council." LMC Subsection 11-1.2(c) states in part "All such unsafe buildings, structures or appendages are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Section 11-13 of this Chapter 11 (Uniform Code for the Abatement of Dangerous Buildings 1997)." H:\WORDFILE~PLANNING\ S TAFFRPT~boardo fappcals. 12627oak. 1 -18-05council.doc -2- LMC Section 11-13 adopts the Uniform Code for the Abatement of Dangerous Buildings. This code is designed to be compatible with the Uniform Building Code and is designed to apply to all types of buildings and structures. The Abatement of Dangerous Building provides the procedures to vacate and secure a building are reference by the Uniform Building Code. LMC Section 12-1.1 adopts the Los Angeles County Fire Code. DZSCUSSI'ON AND ANALYSZS In 1986, the Lynwood Planning Commission approved a Conditional Use Permit that allowed the two-story structure at 12627 Oak Avenue to consist of a church on the first floor and a pre-school facility on the second floor. Since 1986, the Subject Structure has undergone many alterations and currently has numerous violations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, and the Los Angeles County Health and Safety Code. The City of Lynwood inspected the Subject Structure on May 12, 2004, June 28, 2004, 3uly 7, 2004, August 18, 2004, November 9, 2004, November 18, 2004, December 1, 2004 and 3anuary 6, 2005. The Los Angeles County Fire Marshall inspected the premises on several occasions and drained violation letters on August 18, 2004 and 3anuary 10, 2005. The Subject Structure was found in significant noncompliance and in violation of several codes. Following is a brief summary: Violation of Federal Regulations: The Subject Structure 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 the first floor unless an elevator or other means of access is provided. Violation of California Building Code: 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 include, but are not limited to, conversion without permits, illegal change of occupancy, inadequate separation of occupancy, lack of access and means of egress, lack of room dimensions, inadequate accessibility for the disabled, lack of smoke and fire alarms, lack of minimum heating, lack of exits from rooms and the structure, lack of minimum light and ventilation, lack of minimum sanitary facilities. H:\WORDFILE~PLAN~NFNG\S TAFFRPT~boardo fapl~als. 12627oak. ! - 18-05council. do~ -3- Violations of the Los Angeles County Fire Code: The Subject Structure is in violation of the Los Angeles County Fire Code and these violations constitute an immediate threat to life, safety and welfare of patrons and persons in the vicinity. Such violations include, but are not limited to, improper access (ingress and egress), bars, doors, smoke detectors, storage, handrails, and sprinkler system. Violations of the Los Angeles County Health and Safety Code: Violations were noted by the Los Angeles County Health Department to include unapproved food preparation and service area, inadequate facilities, and failure to submit for plan check and obtain permits. Staff has repeatedly advised Clara Howard, the owner of the Subject Structure, to either close the Subject Structure and comply with the original approval, or submit for a Conditional Use Permit and proceed with remedying all of the several Code violations. In addition, Staff has repeatedly notified the tenants living in the Subject Structure verbally and in writing that the building is unsafe and must be vacated. Furthermore, Staff has provided the tenants with written information regarding locations of homeless shelters, services provided, and other applicable information to obtain housing. The bottom line is the Subject Structure does not have fire walls, fire corridors or adequate ingress and egress to rooms and the entire building. If there were to be a fire, there is a good chance there would be casualties. It is the City's responsibility to protect the public health, safety and welfare of citizens residing in the building and to protect properties in the vicinity. CHRONOLOGY May 12, 2004: City staff, due to several complaints, inspected the property and Subject Structure and observed multiple violations to include life threatening circumstances. 3une 18, 2004: City staff inspected the Subject Property and observed that violations remained and no remedial actions were taken. Ms. Clara Howard, the Subject Property owner, applies for a Conditional Use Permit to legalize the land use as a "Homeless Shelter." _lune 28, 2004: The Building Official inspects the property, notes numerous violations and prepares and forwards a violation letter to the property owner on .lune 29, 2004. H :\ WORDFILE~PLA.,NVNING\STAFFRPT~boardo fappeals. 12627oak. 1 - 18-05council. doc -4- .luly 13, 2004: Lynwood Planning Commission denied Conditional Use Permit No. 200`1- 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 the permit. August 17, 200`1: Lynwood City Council considered Appeal No. 2004-03 (appeal of the Conditional Use Permit) and provided the property owner sufficient time to submit for plan check, obtain permits, obtain building inspections, and receive approval. August 18, 200`1: Staff and the Los Angeles County Fire Marshall inspect the property and note multiple violations. The Fire Marshall prepared and forwarded a violation letter to the property owner. October 5, 200`1: The property owner submitted for Building & Safety plan check. The plans and application were deficient but the application was accepted and processed. November 9, 200: City Staff performed a walk through inspection with the property owner and her representatives to review progress and code compliance. Other than a few minor modifications (i.e. lights in exit signs, removal of security doors, two (2) fire extinguishers, and a few battery operated smoke detectors), no compliance was observed. In addition, the church pastor and developer did not show up as scheduled. November 15, 200,1: Lynwood contracted plan check engineer, Metad & Associates. Melad & Associates returned the plan check and state that the plans are inadequate, the submittal incomplete, and there are numerous violations of the Building Code. The plan check correction list was lengthy. November 16, 200`1: Lynwood City Council considered Appeal No. 200`1-03 (appeal of the Conditional Use Permit) and ascertained that the life safety issues still persisted, little had been accomplished to bring the building into compliance. The Council denied Appeal No. 2004-03. November 18, 200`1: City staff posted the building with a notice and delivered the notice to the property owner of the City Council decision to deny appeal 2004-03 (appeal of the Conditional use Permit) and suggested that the building be vacated within 72 hours. Staff provided a large list of homeless shelter locations and services to the tenants and property owner. The shelter list was intended to assist the tenants with relocation. H:\WORDFILE~PLANNING\S TAFFRPT\boardo fapl~als. 12627oak. 1 - 18-05council.doc -5- November 21, 2004: The City received a letter from the tenants' attorney James Simmons, Esq. The attorney informed staff that the building is not a "homeless shelter," as Clara Howard led Council to believe, but a dormitory in which tenants pay $280-$300 a month in rent. December 1, 2004: The Lynwood Building Official posted the building and delivered notice to the property owner stating that the structure is an unsafe and dangerous building. The notice stated that such building shall be vacated and secured within 72 hours, in compliance with the Code of Abatement of Dangerous Buildings. December 2, 2004: Attorney James Simmons filed an appeal on behalf of one (1) tenant residing at 12627 Oak Avenue. December 6, 2004: Attorney James Simmons filed appealed on behalf of nine (9) additional tenants residing at 12627 Oak Avenue. The appeals are form letters that do not identify apartment or room numbers. December 30, 2004: City staff mails notices of hearing via Certified Mail to the attorneys (2), property owner and church pastor. January 6, 2005: City receives affirmation cards of the Certified mail notices to the two (2) attorneys representing the tenants. The Building Official posted the notice on all entrances/exits of the Subject Structure and left a copy of the Notice in the office area for the tenants. Tn addition, the Building Official left a copy and posted the information regarding local homeless shelter facilities for the tenants. The notice of hearing was published in the Lynwood Press (Wave) newspaper. STAFF FZND]'NGS 1) The land use is inconsistent with the Lynwood General Plan. The Mission Statement of the General Plan states, "The City of Lynwood desires to maintain and enhance the community as a safe, convenient, and affordable place to raise a family." Severe code violations of the Subject Structure are in violation of the Lynwood General Plan because the Subject Structure is dangerous. 2) LMC Section 25-8.1(a)(8) allows the land use pursuant to a conditional use permit. The property has no conditional use permit approval, no business license, no building permits, no plan check, no building inspections and multiple code violations. H:\WORDF I LE~PLANNING\S TAFFRPT~boardo fappeals. 12627oak. 1 - 18-05council.doc -6- 3) The Planning Commission denied Conditional Use Permit No. 2004-19 and deemed that the Subject Structure was a threat to the public health, safety and general welfare. 4) The City Council denied Appeal No. 2004-03, the appeal of the Conditional Use Permit and deemed that the Subject Structure was a threat to the public health, safety, and general welfare. s) Numerous violations of the California Building Code have not been remedied. The Building Official deemed the building unsafe and dangerous and ordered such building vacated and secured within seventy-two (72) hours. 6) Numerous violations of the Los Angeles County Fire Code have not been remedied. Only minor superficial corrections have been made. 7) Violations of the Los Angeles County Health Code have not been remedied. 8) The property owner has not submitted corrected plans to address the building correction plan check. Numerous code deficiencies are noted on the correction list. 9) The unauthorized Subject Structure/dormitory is a dangerous building. The Building Official, under Sections 102 and 104.2 of the California Building Code, may vacate and secure the Subject Structure, lo) The Subject Structure continues to be a threat to the life and safety of persons in the building as well as persons living and working in the vicinity, The public health, safety and general welfare is compromised by the occupation of the Subject Structure. RECOMMENDATZON Staff recommends that the City Council, acting as the Board of Appeals, accept a report from staff, accept testimony from the tenants' attorney, accept testimony from interested persons, and uphold the Building Official's decision to order the Subject Structure at 12627 Oak Avenue vacated and secured. H:\WORDFILEh°LAN2qlNG\STAFFRPT~boardofappeals. 12627oak. 1 - 18-05council.doc -7- Representatives from the Planning, Building & Safety, Fire and Code Enforcement will be present to answer questions and clarify information. Attachments: 1. Location Map 2. Board of Appeal Resolution 3. Attorney Appeal and Letter dated 12/2/04 and 11/21/04 4. Notice of Board of Appeal Hearing - Agenda 5. Building Official notices dated 6/29/04 and 12/1/04 6. Building Plan Corrections List dated 11/15/04 7. Violation notices from L.A. County Fire Marshall dated 8/18/04 and 1/10/05 8. L.A. County Health Department Notice 9. Lynwood Municipal Code Sections 11-1.1, 11-1.2, 11-1.3 and 11-13 10. California Building Code Sections 102, 103, 104, 105 and 106 11. 1997 Uniform Code for the Abatement of Dangerous Buildings 12. List of homeless shelter locations, services, phone numbers, schedules, etc. H:\WORDFILE~PLANNING\STAFFRPT~boardofappeals. 12627cmk 1 - 18-05council.doe -8- ATTACHMENT #1 LOCATION MAP AVE.~ (~)1156 ?or. /~$ (~1158 12627 OAK AVE. DANGEROUS BUILDING BORDER BETWEEN LYNWOOD/COMPTON RESIDENCE & PARKING LOT CascNo. APPEAL BUILDING OFFICIAL (BOARD OF APPEALS) $itcAddrcss: 12627 OAK AVENUE ApplicantName: JAMES SIMMONS ATTORNEY FOR TENANT) [ ] 300' or [ ] 500'RadiusMap ATTACHMENT #2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACTING AS THE BOARD OF APPEALS DENYING AN APPEAL FILED BY TENANTS RESIDING AT 12627 OAK AVENUE, ACCESSOR PARCEL NUMBERS 6176-010-020 & 039, TO OVERTURN THE DECISION OF THE BUILDING OFFICIAL TO DEEM THE SUBJECT STRUCTURE AN UNSAFE AND DANGEROUS BUILDING AND ORDERING SUCH STRUCTURE TO BE VACATED AND SECURED. THE SUBJECT PROPERTY IS LOCATED IN THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, 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 public hearings on August 17, 2004 and November 16, 2004 and denied Appeal No. 2004-03; and WHEREAS, the Lynwood Building Official deemed the subject structure unsafe and dangerous and ordered such building vacated and secured on December 1, 2004; and WHEREAS, an attorney for the tenants filed an appeal of the decision of the Building Official pursuant to the appeal process set forth in the Uniform Code for the Abatement of Dangerous Buildings 1997; and WHEREAS, the tenants were duly noticed of the hearing through their attorney via Certified mail; and WHEREAS, the Lynwood City Council acting as the Board of Appeals considered all oral and written testimony offered at the appeal hearing; and -1- 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 Section 1. The City Council of the City of Lynwood acting as the Board of Appeals hereby finds and determines as follows: The land use is inconsistent with the Lynwood General Plan. The Mission Statement of the General Plan states "The City of Lynwood desires to maintain and enhance the community as a safe, convenient, and affordable place to raise a family." Severe code violations of the Subject Structure are in violation of the Lynwood General Plan because the Subject Structure is dangerous. LMC Section 25-8.1(a)(8) allows the land use pursuant to a conditional use permit. The property has no conditional use permit approval, no business license, no building permits, no plan chweck, no building inspections and multiple code violations. The Planning Commission denied Conditional Use Permit No. 2004-19 and deemed that the Subject Structure was a threat to the public health, safety and general welfare. The City Council denied Appeal NO. 2004-0-3, the appeal of the Conditional Use Permit, and deemed that the Subject Structure was a threat to the public health, safety and general welfare. Numerous violations of the California Building Code have not been remedied. The Building Official deemed the building unsafe and dangerous and ordered such building vacated and secured within seventy-two (72) hours. Numerous violations of the Los Angeles County Fire Code have not been remedied. Only minor superficial corrections have been made. Violations of the Los Angeles County Health Code have not been remedied. The property owner has not submitted corrected plans to address the building correction plan check list. Numerous code deficiencies are noted on the correction list. 2 The unauthroizede Subject Structure/dormitory is a dangerous building. The Building Official, under Section 102 and 104.2 of the California Building Code, may vacate and secure the Subject Structure. The Subject Structure continues to be a threat to the life and safety of persons in the building as well as persons living and working in the vicinity. The public health, safety and general welfare is compromised by the occupation of the Subject Structure. Section 2. The City Council of the City of Lynwood acting as the Board of Appeals, based upon the aforementioned findings and determinations, hereby denies the Appeal of the tenants of 12627 Oak Avenue thereby upholding the decision of the Building Official to deem the Subject Structure unsafe and dangerous and hereby ordies the building to be vacated and secured within seventy-two (72) hours. Section 3. A copy of the Resolution shall be delivered to the applicant. ADOPTED and DENIED this 18th day of January, 2005 by members of the Lynwood City Council. ATTEST: RAMON RODRIGUEZ, 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 -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 ,2005. 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 ,2005. City Clerk, City of Lynwood ATTACHMENT #3 JAMES SIMMONS, Attorney. SBN 159726 Community Law Office 7703 South Broadway Street, Los Angeles, CA 90003 lI,~- ~lll Office: 323-758-2529 Mobile: 310-989-1269 Attorney for Appellant NISA WILLIAMS T~' oeFu~A~l~~'~lv BEFORE THE BOARD OF APPEALS OF THE CI APPEAL OF NISA WILLIAMS, Real Party in Interest IN RE: HELPING HANDS SHELTER 12627 OAK AVENUE LYNWOOD, CA 90262 [CLARA HOWARD, 3263 Euclid Ave., Lynwood, CA 90262] APN 616-010-020 & 6176-010-039 NISA WILLIAMS ("Appellant") is a tenant at the "HELPING HANDS SHELTER" located at 12627 OAK AVENUE, LYNWOOD, CA 90262. For about the last four years, she has been paying rent as a tenant on the subject property to CLARA HOWARD, the landowner of the subject premises. Appellant last paid rent on or about November 16, 2004 in the amount of $300.00 dollars for 30 days of occupancy. The Appellant seeks relief from the Notice served on December 1, 2004 by City of Lynwood Building Official Craig Bragg ordering all occupants, including appellant, to vacate the subject premises within seventy-two hours [see Notice attached]. Appellant alleges the City of Lynwood has erred in not ordering the owner to make the subject premises conform to the California Building and Plumbing Codes, but rather ordering the tenants, including appellant, out into homelessness in the bitter cold of winter. Appellant and the other tenants had not received notice and were unaware of prior proceedings [Appeal No. 2004-03, Conditional Use Permit No. 2004-19] and enforcement actions of the City of Lynwood against Ms. HOWARD and are now aware that Ms. Howard misrepresented the nature of Appellant's and other's occupancy of the subject premises as tenants, not simple guests of a fictional "homeless shelter." Appellant seeks relief in the following manner: 1. The Notice to Vacate be withdrawn and enforcement actions against Ms. Howard continue. 2. Order Ms. HOWARD to provide safe and sanitary housing while the dangerous conditions at the subject premises are abated NISA WILLIAMS, 12627 OAK AVENUE, LYNWOOD, CA 90262. VERIFICATION I am the appellant in this proceeding and have read this appeal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. FROM : C PHONE NO. : Now. 22 2004 03:22PM P1 JAMES M. SIMMONS, AT'I'ORNEY Human Rights Advocacy 7703 S. Rroa(:lway, Los Angel;,s CA g0003 Office 323-758-252g ~ Mobile 3,10-959-126g November 21, 2004 CLARA HOWARD HELPING HANDS SHELTER 12627 OAK AVENUE LYNWOOD CA 90262 3263 EUCLID AVENUE LYNWOOD CA 90262 ATTN: GRANT TAYLOR, DIRECTOR :: , DEVELOPMENT=SERVICES DEPARTMENT i.i'.......:GiT~OE.LYNWOOD ' ' ~' t 1330,BUELIS ROAD ' LYNWOOD, .CA 90262 Re: THE TENANTS OF "HELPING HANDS SHELTER" AND THE ADMINISTRATIVE NOTICE TO VACATE PREMISES A'¥ ~3.~,27 OAK AVENUE, LYNWOOD, CA 90262 NOTICE OF APPEAL NO. 2004-03 This letter is written response to the Administrative Notice to Vacate Premises at 12627 Oak Ave, Lynwood, California 90262 on behalf of the tenants of what is inapproF.riately called the "Helping Hands Shelter" at that address. The Administrative Notice of Denial of Appeal, Case No. 2004 -3, appears to presume that the residence of the "Helping Hands Shelter' are simply guests of a "homelesi~ shelter~ and subject to being vacated from the property within 72 hours without legal process. The first noti(~; received by the tenants of this action challenging the occupancy of premises was the posting of thi'~ denial of the appeal on November 18, 2004, sTh2~0fal:ct is that the residents of 12627 Oak Avenue are tena¢lts, each of whom have paid rent of at least ~ u per month to Clara Howard, the landlord for as long as five years and as recently as November 16, 2004. To be forcibly evicted, the tenants must first be serv!:'~d with legal process and a court must order ...the. Jr ~emoyal from the 15roperty. Only then c, an the Sheriff, a, fter statutory notice and armed with a wrff of 'Possess/on,,. force the tenants from the property. Any attempt to remove the tenants from the property withoul: legal process and a court order will be a violation of criminal Jaws, particularly Penal Code §§ 418, 6[~2, and other applicable statutes. In addition to exposure to criminal penalties, individuals, business orga~,.~izat OhS, governmental entities and their employees and agents may be liable for damages to each reliant under Civil Code § 789.3 for up to $1013 per day as well as other penalties. Please cohtact me at 323-758-2529 should you have any qu~.,stions or insist on proceeding without lawful process against the tenants of 12627 Oak Avenue. Sincerely, James M. Simmons, Attorney Human Rights Advocacy Enclosures FROH : C PHONE NO. : Now. 22 2884 03;23PH Pi November 21, 2004 Re: THE TENANTS OF "HELPING HANDS SHELTER" AND THE ADMINISTRATIVE NOTICE TO VACATE F'REMISES AT 12627 OAK AVENUE, LYNWOOD, CA 90262 NOTICE OF APPEAL NO. 2004-03 Page 2 CC: Parnell J. Alexander, Tenant at 12627 Oak Avenue, Lynwood, CA Lavonda Ashley, Tenant at 12627 Oak Avenue, Lym¢,oed, CA Niashicia Ashley, Tenant at 12627 Oak Avenue, Lynwood, CA Larry Cole, Tenant at 12627 Oak Avenue, Lynwood. CA Stefanie Fontennette, Tenant at 12627 Oak Avenue, Lynwood, CA :~ ~: . .Theodus Ford', Tenant at 12627 Oak Avenue, Lynw~3,od, CA :';~ ' :':. ~'r" '' : ' Jose-F. Garcia, Tenant at 12627 Oak Avenue, Lynw~:~od, CA ': Barbara Gibson, Tenant' at 12627 Oak Avenue, Lyn~,]ood, CA Kenneth Gibson, Tenant at 12627 Oak Avenue, Lyr~wood, CA Casaundra Harris, Tenant at 12627 Oak Avenue, L!/~wood, CA Glen Logan, Tenant at 12627 Oak Avenue, Lynwoed, CA Sylvia Long, Tenant at 12627 Oak Avenue, Lynwo~d, CA Lawrence Phillips, Tenant at 12627 Oak Avenue, L,./',3wood, CA Theodore Pittman, Tenant at 12627 Oak Avenue, Lynwood, CA James E. Reed, Tenant at 12627 Oak Avenue, Lyr~wood, CA L0Yd Sawyer, Tenant at 12627 Oak Avenue, Lynwo, 3d, CA Sheila Coleman Tileman, Tenant at 12627 Oak Ave; ~ue, Lynwood, CA Michael Wallace, Tenant at 12627 Oak Avenue, Lyf,wood, CA Nisa Williams, Tenant at 12627 Oak Avenue, Lynwood, CA ,!i,i....,~ !'i.~ i4 ....,.,:.,.. ~, =,.,' Ifl~onorab e:'.Mayor and .'Members of the cit~' Counci ,. LynWo~d, cA' i .?.7%; ~,. . ?. ... -:.=~..., ,,..~,,:/ .. ~:' .~, -.....-- ... . ........... . I , . . ' J..o. seph Wang, Interim citY'Manager Jorge Arellano, Code Enforcement F_d, Wstson, Los Angeles County Fire Department Lieutenant Joe Garza, Los Angeles County Sheriff pepartment Pastor Eldrin Jones, Christ Deliverance Missionary Baptist Church Nana Gyamfi, Attorney Rebecca Henry, Attorney ATTACHMENT #4 City ~ g YNWOOD 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (3~0/603-0220 NOTICE OF PUBLIC HEARINn P.O. #128458 LYNWOOD BOARD OF APPEALS (CITY COUNCIL) Appeal decision of Building Official to order vacation of an unauthorized homeless shelter/dormitory located at 12627 Oak Avenue. NOTICE IS HEREBY GIVEN, in accordance with the 1997 Uniform Code for the Abatement of Dangerous Buildings, that a a hearing will be held before the Lynwood Board of Appeal (City Council) at the City of Lynwood Council Chambers, located at 11330 Bullis Road, Lynwood California, on 3anuary 18, 2005 at 6:00 p.m., upon the notice and order served upon you. You may be pre,~nt at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the Lynwood Board of Appeals. The tenants of an unauthorized homeless shelter/dormitory have appealed the decision of the Lynwood Building Official to vacate and secure a two-story building that consists of a homeless shelter, dormitory rooms and a church . The church operations are on the first floor and the homeless shelter/dormitory facilities are on the first and second floors. The City Council previously denied Appeal No. 2004-03 to approve the homeless shelter based on the property owners failure to remedy building code, zoning code and fire code violations. The subject property is located at 12627 Oak Avenue, on the west side of Oak Avenue between Euclid Avenue and Stockton Street (Compton), Assessor Parcel Number 6176-010-020 & 039, in the R-3 (Multiple-Family Residential) zone. Dated: Published: By: 3rd day of 3anuary, 2005 6th day of 3anuary, 2005 Grant Taylor, Director of Development Services H:\WORDFILE~PLANNI2qG~PUBNOTIC\boardofappea s. 2627oak.l-18-05.doc ATTACHMENT #5 · 12FNWO©D1 OALIFORNIA (:3'10) 603-0220 June 99 2004 Ms. Clara Howard ~-,63 Euclid Ave. Lynwood, CA 90262 RE: Helping Hands Shelter 12627 Oak Ave. Lynwood, CA. 90262 De~ Ms. Howard, On Monday Jtme 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, pemfits and license(s). The scope of my site inspection was to determine all buildfl~g, electrical, plumbing, and mechanical code violations in order to maintain minin~um 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, I must note that the plan(s) ~vere 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 ~velfare. CBC section 102 · Unlawful alteration, conversion, and maintenance of a bnilding without permits. CBC section 103 i~a:.equa~:e separation oi'occt~panci,:s CBC section 310.1, t~t, le 3b Lacl: of'minimm~ room dimensions. CBC section 31 ) 6 I naaeqttate accessibilit)~ !]2r the disabled. Per CBC chapter 11 Lack of smo[z,~ and fire alarums. CBC sections 310.9.1.1, a 310.14.12 Lack ofmil~imnm heatil~. CBC 310.11 ' Lack of exits ffon-i i~dividual rooms as well as the st~mctm-e. CBC sectiol~s 310.14.2 310.14.1,310.14.10, chapter 10. Lack ofmiuimum light alld ventilation in gtlest a~d habitable l'ooms. CBO section 1202.1 & 1203.3 Lack of minimnm sanitary facilities CBC section 310.5, CPC table 4-1. Should your proposal receive approval from the Plam~ing Commission, the Building division plan check will requh-e a complete and accurate set of plates addressing not only the noted violations but, all code requirements for this type of facility. Re?p e~t ful,k,y PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18. My business address is: 11330 Bullis Road., Lynwood, CA 90262. On December 1, 2004, I served the foregoing document described as NOTICE: SEVENTY-TWO (72) HOUR NOTICE TO VACATE STUCTURE LOCATED AT 12627 OAK AVENUE, LYNWOOD, CA 90262 (APN 6176-010-020 & 6176-010-039) in a sealed envelope addressed as follows: Helping Hands Shelter 12627 Oak Ave. Lynwood, CA 90262 (APN 6176-010-020 & 6176-010-039) (X) (By Mail [State] and REGISTERED MAIL) I am readily familiar with the City of Lynwood's practice for the collection and processing of correspondence for mailing with the United States Postal Service; such envelope will be deposited with the United States Postal Service on the above date according to ordinary business practices. (X) (By Personal Service) I delivered such envelope by hand to the addressee(s). Clara Howard Helping Hands Shelter 12627 Oak Ave. Lynwood, CA 90262 (APN 6176-010-020 & 6176-010-039) ,), Time: at i . tr~Iv~ (X) (State) I declare under penalty of perjury under the laws of the State of California that the above is tree and correct. Executed December 1, 2004, at Lynwood, California. ) City o/f ] NWOOD C[t:~t ~.t~t~,9 (}~"9~ 11330 BULLIS ROAD L¥,WOOD. CA'~OR.,A ~0~2 (31 O) 603-0220 December 1, 2004 Via Site posting, hand delivery, U.S. registered mail (receipt 7001 0360 0028 7385), & U.S. mail Ms. Clara Howard 3263 Euclid Ave. Lynwood, CA 90262 RE: Helping Hands Shelter 12627 Oak Ave. Lynwood, CA 90262 (APN 6176-010-020 & 6176-010-039) NOTICE: SEVENTY-TWO (72) HOUR NOTICE TO VACATE STUCTURE LOCATED AT 12627 OAK AVENUE, LYNWOOD, CA 90262 (APN 6176-010-020 & 6176-010-039) Dear Ms. Howard, Notice is hereby given to you as owner of record of the property located at 12607 Oak Ave., Lynwood, California, that on this date Craig Bragg, Building Official of the city of Lynwood, has deemed that the entire structure located at 12607 Oak Street, Lynwood California to be a "Dangerous Building" in accordance with Section 302 of the 1997 Unifonn Code for the Abatement of Dangerous Buildings. The Following violations of the 2001 California Building Code and the 2001 California Plumbing Code as previously cited were cause to deem the site to be a Dangerous Building: · 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 of a building contrary to existing classification. CBC Section 109.1 · Inadequate separation of occupancies. CBC section 310.1, table 3b · Lack of minimum access and means of egress. CBC 310.4 · Lack of minimum room dimensions. CBC section 310.6 · Inadequate accessibility for the disabled. Per CBC chapter 11 · Lack of smoke and fire alarms. CBC sections 310.9.1.1, & 310.14.12 · Lack of minimum heating. CBC 310.11 · Lack of exits from 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 of minimum sanitary facilities CBC section 310.5, CPC table 4-1. Notice is also hereby given that the structure located at 12627 Oak St. Lynwood, California is to be vacated of all occupants of the entire Structure and any and all attached accessory uses thereof, including, but limited to, any living quarters and the church sanctuary within 72 hours of this notice. You are also hereby notified of an Appeal Process (see attached Exhibit 1, Chapter 5 of the 1997 Uniform code for the Abatement of Dangerous Buildings). Building O~fi~al "1997 AP,~TEMEHT OF DP,?tC~EaOU$ E:UtL,r~li,)G~; 501 504 Chapter 5 APPEAL SECTION 501 -- GENERAL 501.1 Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal containing: 1. A heading in the words: "Before the board of appeals of the .......... of ......... " 2. A caption reading: "Appeal of ........ ," giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the re- lief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the ap- peal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. 501.2 Processing of Appeal. Upon receipt of any appeal filed pnrsuant to this section, the bnilding official shall present it at the next regular or special meeting of the board of appeals. 501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the board of ap- peals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be less than 10 days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days pr/or to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mail- ing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. SECTION 502 -- EFFECT OF FAILURE TO APPEAL Failure of any person to file an appeal in accordance with the pro- visions of Section 501 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. SECTION 503 -- SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. SECTION 504 -- STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 404, en- forcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. ATTACHMENT #6 CITY OF LYNWOOD BUILDING & SAFETY PLAN CORRECTION SHEET DATE: 11-15-04 PLAN CHECKER: Jose Melad, PE PLAN CHECK NO: 04197 12627 Oak Street Richard William~ Designer 323-965-7983 TYPE OF OCCUPANCY I USE OF BUILDING STORIES FLOOR AREA CONSTRUCTION GROUP ? [ A3fBfRI Church, Office, Dwellin~ I 2 SQ. FT. ADDITION REPAIR [ I ALTERATION [ X PLEASE READ CAREFULLY Your application for a permit, together with plans and specifications, has been examined. The following con'ecOons are necessary and new plans must be submitted along with this original set for rechecking. To facilitate ease of rechecking, please enter on each correction item listed below the location of the corrected information. Return these sheets along with all plans and specifications after corrections have been made to the Building and Safety Department GENERAL CORRECTIONS: 2001 CBC (Tenant Improvement) 1. Architect to stamp and wet sign all sheets of architectural plans. Also, indicate license expiration date. 2. Refer to check-set of plans marked in red for corrections/comments and return with two con'ected sets for recheck. 3. Submit plans to the Fire Department for approval prior to issuance of building permit. 4. Comply with the attached check lists; standards for suspended ceiling, energy conservation and disabled access regulations for applicable items not fully shown on plans and please return with your comments to facilitate recheck process. 5. Specify type of construction and usage of all rooms/areas on floor plans. 6. Toilet rooms shall be finished with tile or marlite/FPP over moisture resistant drywall to a minimum height of 4' with 5" minimum waterproof coved base. 7. Label gender (men & women) for two toilet rooms and shower rooms on floor plans. Also clarify which toilet/bath rooms serves what area of the building. 8. Submit complete plans and other required documents (i.e. T-24 energy conservation, etc.) for new mechanical, plumbing and electrical works for plan check. Plans shall bear the wet signature and stamp of a licensed designers. 9. Provide complete detail of interior walls capable of withstanding minimum lateral force of 5 PSF per Section 1611.5, UBC. See check-set as noted. 10. Comply with Section 2406 for required safety glazing. Check glazings within 18" of fin. floor, adjacent to doors & stairs, etc. 11. Delineate the required 1-hour occupancy separation between the dwelling areas (R-1 ) and the church-office (A-3 & B) areas on floor plan. All walls shall be 1-hour including floor/roof and ceiling assemblies with 1-hour fire doors. Page 1 of 2 ~elad & Associate~ & Code Consultant. Tel hone 714 848-0487, Fax 714 848-70"~ Reference CITY OF LYNWOOD BUILDING & SAFETY PLAN CORRECTION SHEET 12. Show clearly the opening dimensions for the required emergency exits in all selling rooms. Also, hard wired smoke detectors with battery backup and interconnected. 13. Comply with thc current disabled access regulations (State T-24) such as but not limited to the following: a) Delineate the path of travel fi'om the street sidewalk and disabled parking stalls to building entrances. Also, show parking layout with at least 1-van stall. b) Door enlrances including path of travel within the building. c) Toilet facilities. Show complete layout with required dimensions on a ~/4" scale. d) Refer to check-list for applicable items and note/detail on plans. e) Refer to check-set o f plans for noted corrections/comments. f) Show detail of ramps and steps/stairs including required handrails. Refer to check-list for current requirements. See check-set for locations (pulpit, lobby, etc.). g) All floors shall be made accessible with the exception of baptismal pool. h) Show all required signages (i.e. parking, main entrance international symbol, toilets/bathrooms. i) Provide at least one for each gender, at both floors, complying toiletfoath rooms. Show actual layout on a ~/4" scale plan. j) Show seating for the disabled in the sanctuary and other assembly areas with area with seating (i.e. dining/lounge). k) Check all clearances at strike edge of doors. 1) Any request for waiver shall be addressed in writing and submit to the Building Official for review and approval. See enclosed form. 14. Exiting: Chapter 10, CBC a) Refer to check-set of plans for noted corrections/commants. b) Provide exiting analysis (i.e. show all floor areas of each use and complete occupant load analysis, etc.). c) Show the occupant load of all areas/rooms based on Table 10-A. d) Hallways serving an occupant load of 10 or more for the dwelling area shall be rated 1 hour corridor with 20 min. arnokeproof doors. Glazing shall be 45 min. assemblies with area linfited to 25% of the common wall with adjacent areas. e) Label all required exits including low level exits for group R-1 occupancy f) All exit doors serving an ocanpant load of 50 or more shall swing in the direction of exit travel with panic hardware. Show on floor plans and door schedule. g) Rooms with an occupant load of 10 or more shall not exit into more than 1- intervmfing room, Section 1004.2.2. h) Provide required landing on both sides of doors. See check-set i) Post occupant Ioad of sanctuary and other group A_3 areas. 15. Check existing floor/roof flaming for any additional live load (i.e. 100 psf for hallways/corridors, mechanical equipment if any new installation, etc.). Note: Additional corrections is expected on next submittal due to incomplete submittal. Also, show clearly on plans the scope of new work including M,E,P and any new usage fi.om original approved usage for plan check purposes. Page 2 of 2 Reference ATTACHMENT #7 MICHAEL FREEMAN FIR~ ~HJEF L OFFICIAL INSPECTION REPORT August 18, 2004 Business Name: Helping Hands Shelter Business Address: 1267 Oak Ave. Business Phone: Type of Occupancy: Congregate Housing/PA Owner of Building: Ms. Clara Howar0 Contact Name: Ms. Ciera Howard Ms. Howard, Sprinklered: No Area (sqft.): 14,644 Haz-r~at: No Eng. Co: 147 410 Code: 49/13 5yr Sprinkler: On 8-17-04. a fire prevention inspection was made at the above address. During this inspection, fire safety deficiencies were noted. The foltowing 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 Buildin9 Code, exit doors shall be of the pivoted or side-hinged swinging type. Exit doors shall swing in the direction of the path of exit travel when serving any hazardous area or when the area served has 8n 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 - ~xit doors shall be openable from the inside without the use of a key or any speciaJ knowledge or eNort Exit door shali not be locked, chained, bo~ted, 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!ied~ as per City of Lynwood Building Inspector). UFC Appendix lA Section 6 Smoke Detectors - Dwefiing Units and hotel or lodging house guest rooms that are used for sleeping purposes shall be provided with smoke detectors. - indicate the direction of egress (rev~l~ ....... F~¢1~ ~,4, Exit signs shall f~ce of an exit sign is illuminated from am external source, it shall hay% ar~ i¢~ter'~s~t;¢ of r~o~ less than 5 footcandles ff'o,wi either of two electric lamps. REMOVE ALL STORAGE UNDER EXIT STAIRS, CFC1210,3. S~ora9e undo' Storage is prohibited under exit stai~ays. - PROVIDE HAND,ILS FOR 8fAIRS. UFC Appendix lA Section 22 Sta~' Construct~0n ~ Ali required stairs shall have a minimum run of 9 inches and a maximum ri~e of 8 inches and sha!/ have a minimurn width ct 30 inches exclusive of handrails, Eve~ stai~ay shali have at least one handrail, A landing having a minimum 30-inch ~n in the di/ection of travel shall be provided at each point of access to the stai~zay, INSTALL A SPRINKLER SYSTEM IN THE PART OF THE BUILDING WHERE PEOPLE SLEEP. CBC904.2.9 Group R, ~Jv 1 Occupancies -, ~ automatic sprinkler sy~em shall be installed throughout evew apa~ment house 3 or more stories in height or ~ntaining 5 or more dwelling units, eve~ congregate residence 3 or more stories in height or having an occupant Icad 0¢ 11 or more. and every hotet 3 or more stories in height or containing 6 or mote guest rooms, Residential or quick response standard sprinklers shall be used in ~e dweffing units and guest rooms podions of the building, Provide proper tocking device for afl exit doors, throughout. Replace ceiling tiles in housing ~rea and church. Repair holes in walls in housing area and church. Provide Occupant Icad sign for church. Your attentior~ to this matter is appreciated. Please contact our office ii' any questions afL, e. and make notification when these items have been corrected, ! can be reached at 810-605-5258. Faxes can be directed to 310~603-5222. Sincerely. FIRE INSPECTOR #15B Fire Prevention Division, Area 6 COUNTY OF LOS ANGELES FIRE DEPARTMENT FIRE PREVENTION DIVISION CENTRAL REGION LYNWOOD OFFICE 3161 Imperia~ Highway, Lynwood, CA 90262 OFFICIAL INSPECTION REPORT 1/10~05 ADDRESS: 12627 Oak Ave BUSINESS NAME: Helping Hands Shelter and Church PHONE: 310-639-8067 EXT.: FAX: OCCUPANCY CLASS: A3,E3 SPRINKLER SYSTEM TYPE: DATE OF INSPECTION: 1-10-05 LOCAL FIRE STATION: 147 CITY: Lynwood ZIP: 90262 RESPONSIBLE PARTY: Clara Howard E-MAIL: SQFT: 14,644 HAZ MAT HANDLER No FIRE SPRINKLERS: No DENSITY / PSI: ESFR K-FACTOR: 5-YR DUE: COMPANY EMPLOYEE PRESENT DURING INSPECTION: N/A THE ITEMS LISTED BELOW ARE VIOLATIONS OF THE LOS ANGELES COUNTY FIRE CODE-TITLE 32, THE LOS ANGELES COUNTY BUILDING CODE-TiTLE 26, AND/OR THE CALIFORNIA CODE OF REGULATIONS-TITLE 19. VIOLATIONS MUST BE CORRECTED FORTHWITH. FAILURE TO COMPLY WILL RESULT IN LEGAL ACTION; A CITATION WILL BE ISSUED, COURT APPEARANCE WILL BE REQUIRED AND A FINE MAY BE LEVIED BY THE COURT. ALL VIOLATIONS MUST BE CORRECTED IMMEDIATELY. · AN INSPECTOR WILL CONDUCT A RE-INSPECTION ON: NlrA First Floor: Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Exit doors shall not be locked, chained, bolted, barred, latched or otherwise rendered unusable. All locking devices shall be of an approved type. Exceptions: In Groups A, Division 3; B; F; M and S Occupancies and in all churches, key-locking hardware may be used on the main exterior exit when the main exterior exit consists of a single door or pair of doors if there is a readily visible, durable sign on, or adjacent to, the door stating THIS DOOR MUST REMAIN UNLOCKED DURING BUSINESS HOURS. This sign shall be in letters not less than 1 inch (25.4 mm) high on a contrasting background. When unlocked, the single door or both leaves of a pair of doors must be free to swing without operation of any latching device. The use of this exception may be revoked by the Fire Department or building official for due cause. Manually operated edge or surface-mounted flush bolts and surface bolts are prohibited. When exit doors are used in pairs and approved automatic flush bolts are used, the door leaf having the automatic flush bolts shall have no door knob or surface- mounted hardware. The unlatching of any leaf shall not require more than one operation. 2002 LACOFC Section 1207.3 INSPECTOR'S SIGNATURE DATE 1110/05 FOR INFORMATION CALL: TEL: (310) 603-5258 FAX: (310) 603-5222 Inspector Ed Watson PAGE 1 of 2 First Floor: Required exits shall be illuminated at any time the building is occupied with light having an intensity of not less than one-foot candle at floor level. 2002 LACOBC Section 1003.2.9.1 Dining Area: Any room having an occupant load of more than 50 where fixed seats are not installed, and which is used for assembly purposes, shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit from the room. Such sign shall be maintained legible by the owner or the owner's authorized agent and shall indicate the number of occupants permitted for each room use. 2002 LACOFC Section 2501.16.1 4. Repair holes in walls and ceiling in Church area and throughout. NOTES FOR R-l, R-3, OR I-2; Fire Doors, Windows, Dampers and Other Fire Assemblies for Protection of Openings. Required fire assemblies shall be maintained. These assemblies shall bear an approved label or other identification showing the rating thereof and shall be properly repaired, restored or replaced when damaged, altered, breached, penetrated, removed or improperly installed. 2002 LACOFC Section 1111.2.1 Plans for fire protection and alarm systems shall be submitted for review and approval prior to installation of system. An approved set of plans shall be kept on job/building site at all times which work is in progress. 2002 LACOFC Section 1001.3 The alarm signal shall be a distinctive sound which is not used for any other purpose other than the fire alarm. Alarm-signaling devices shall produce a sound that exceeds the prevailing equivalent sound level in the room or space by 15 decibels minimum, or exceeds any maximum sound level with a duration of 30 seconds minimum by 5 decibels minimum, whichever is louder. Sound levels for alarm signals shall be 120 decibels maximum. 2002 LACOFC Section 1006.3.3.3.3 Exterior doors or their function shall not be eliminated without prior approval by the Fire Department and Building Department. Exterior doors which have been rendered nonfunctional and which retain a functional door exterior appearance shall have a sign affixed to the exterior side of such door stating THIS DOOR BLOCKED. The sign shall consist of letters having principal stroke of not less than 3/4 inch (19. lmm) wide and at least 6 inches (152.4mm) high on a contrasting background. Required fire department access doors shall not be obstructed or eliminated. 2002 LACOFC Section 902.3.2 INSPECTOR'S SIGNATURE FOR INFORMATION CALL: TEL: (310) 603-5258 FAX: (310) 603-5222 Inspector ~"d~ ats o n DATE 1110105 PAGE 2 of 2 ~TE ATTACHMENT #8 50:i:1C:OMiqESC;E DRIVE ~RESS :the time of inspection tile premises were / were not in cornpliance th applicable Public Health regulations for use as a D.'~,TS: ," , C:OMPLI 'i,i,k-;E DATE: 'E~ BCiARDtNG HOME ~ HOTEL Q CC E/MI.$C;ELLANEOUS ~ HEADSTART ~ MOTEL ~1 OTHER ~ F'RI~/ATE SCHOOL ~ ROUTINE ABATED ~ PHL INVESTIGATION CLEARANCE REQUEST ~ P~N CHECK ~ COMP~INT ~ TIME EX~ENSI ON INFORMATION ~ VERBAL ORDERS E] OUT OF BUSINESS/PULL FILE [] NEW FACILITY/START FILE [] CHANGE CENTRAL OFFICE FILE E] OTHER /OPERATOR: ATTACHMENT #9 CHAPTER 11 BUILDING AND HOUSING 11-1 BUILDING CODE1: 11-1.1 Building Code Adopted: Except as hereinafter provided, the Uniform Building Code, 1994 Edition, and the appendices thereto, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Building Code of the City. A copy of that code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between a provision of the Uniform Building Code and a provision of the California Building Code that is applicable to cities, as contained in part 2 of title 24 of the California Code of Regulations, the provision of the California Building Code will prevail. (Code 1972 §8-1; Ord. #981, §1; Ord. #1118, §1; Ord. #1247, §1; Ord. #1427, §1) State law references: Authority to adopt codes by reference, Gov. Code, §50022.2; application of the Uniform Building Code to the City, Health and Safety Code, §17922. 11-1.2 Amendments To The Building Code: a. The term "Building Official", as it appears in section 203-B of the Building Code, is defined as follows: "Building Official" is the Director of Community Development or his duly authorized representative. b. Section 105 of the Building Code, entitled "Board of Appeals", is amended in its entirety to read as follows: Section 105 - Board Of Appeals 105.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relating to the application and interpretation of this Building Code, a Board of Appeals is established consisting of five (5) members, all of whom shall be duly elected members of the City Council. The 1. This Section becomes operative on December 28, 1995. 1101 Rev. Ord. Supp. 10/96 11-1 LYNWOOD CITY CODE Building Official shall be an ex officio member of and shall act as Secretary to the Board, but shall have no vote on any matter before the Board. The Board of Appeals may adopt rules of procedure for conducting its business. 105.2 Authority. The Board of Appeals is authorized to construe and to interpret the provisions of the Building Code and other technical codes set forth in Chapter 11 of the Municipal Code, and to make determinations as to whether alternate construction materials or methods of construction are equivalent or superior to those required or authorized by any of those technical codes. 105.3 Appeals to the Board of Appeals. (a) Within ten (10) days after the Building Official has rejected an application for a permit or has otherwise made a ruling adverse to the applicant, the applicant may file with the City Clerk a written appeal and request for a hearing. The appeal must state in detail the reasons why the permit should be granted or the ruling of the Building Official should be reversed or modified. (b) Within twenty four (24) hours after the receipt of the written appeal, the City Clerk will advise the Building Official and within the same time fix the date and time for hearing by the City Council, acting as the Board of Appeals. The hearing date must be not more than thirty (30) days from the date the appeal is filed. The City Clerk must give notice of the hearing to the applicant by certified mail. (c) At the time and place of the hearing, the Board of Appeals will examine all information presented and consider all presentations by interested parties who desire to be heard. The findings and decision of the Board must be adopted by resolution, a copy of which shall be transmitted to the applicant and to the Building Official. The determination of the Board of Appeals is final and conclusive. c. The second paragraph of section 102 of the Building Code, entitled "Unsafe Buildings or Structures", is amended in its entirety to read as follows: All such unsafe buildings, structures or appendages are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Section 11-13 of this Chapter 11 (Code for the Abatement of Dangerous Buildings), or the procedures applicable to the abatement of nuisances, or such alternate procedures as may have been or as may be adopted by the legislative body. As an alternative, the building official, or other employee or official of the City, as designated by the legislative body, may institute any other appropriate action to prevent, restrain, correct, or abate the violation. 1102 Rev. Ord. Supp. 10/96 BUILDING AND HOUSING 1 1-1 d. Wherever a reference is made to Table 1-A in section 107 ("Fees") of the Building Code, which Table 1-A sets forth a schedule of fees, that reference shall be deemed to refer to the fee schedule adopted by resolution of the City Council. e. Subsection 107.6 ("Fee Refunds") of section 107 ("Fees") of the Building Code is amended by adding thereto the following sentence: All refunds of fees that are authorized by the Building Official are subject to final approval by the City Manager. f. Subsection 1501.1 ("General") of section 1501 of Chapter 15 ("Roofs and Roof Structures") of the Uniform Building Code is amended by adding the following language to the first sentence thereof: Notwithstanding any provisions to the contrary contained in the Lynwood Municipal Code or the Uniform Building Code, all roof coverings must consist of a fire-retardant Class A roof covering. g. Appendix Chapter 34 ("Existing Structures") of the Uniform Building Code is amended by deleting from section 3406 thereof subsection 3406.1 and subsection 3406.2. (Code 1972 §8-2; Ord. #1118, §§2, 6; Ord. #1140, §§14, 15; Ord. #1190, §1; Ord. #1247, §§2, 6; Ord. #1371, §§1, 2; Ord. #1427, §1) 11-1.3 Violations And Penalties: a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Building Code. b. If any building or structure is maintained in violation of the Building Code, or in violation of any notice issued pursuant thereto, the legal representative of the City may be authorized to institute proceedings in any court of competent jurisdiction in order to prevent, restrain, correct or abate the violation. c. The imposition of a penalty or penalties for any violation does not excuse the violation nor permit it to continue. All persons incurring a penalty or penalties are required to correct or remedy the violation within a reasonable time. d. Any person violating any of the provisions of the Building Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Building Code is 1103 Rev. Ord. Supp. 10/96 BUILDING AND HOUSING 11-13 11-13 ABATEMENT OF DANGEROUS BUILDINGS CODE1: 11-13.1 Abatement Of Dangerous Buildings Code Adopted: Except as hereinafter provided, the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, as promulgated and published by the International Conference of Building Officials, is adopted by reference and incorporated herein as though fully set forth and shall constitute the Abatement of Dangerous Buildings Code of the City. A copy of that code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. (Code 1972 §8-71; Ord. #969, §1; Ord. #1427, §6) 11-13.2 Appeals: a. The Board of Appeals, as established by Subsection 11-1.2 of Section 11 - 1 of this Chapter, shall also function as the appeals board for the purpose of hearing and deciding appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretations of the Abatement of Dangerous Buildings Code. b. The procedures for the filing of an appeal, and for the conduct of the hearing by the Board of Appeals, shall be those set forth in Chapters 5 and 6 of the Abatement of Dangerous Buildings Code. (Ord. #1427, §6) 11-13.3 Violations And Penalties: a. No person may erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of the Abatement of Dangerous Buildings Code. b. Any person violating any of the provisions of the Abatement of Dangerous Buildings Code is guilty of a misdemeanor, and that person is deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of the Abatement of Dangerous Buildings Code is committed, continued or permitted, and upon conviction for any violation that person is punishable as provided for in Chapter 1 of this Municipal Code. (Ord. #1427, §6) 1. This Section becomes operative on December 28, 1995. 1133 Rev. Ord. Supp. 10/96 ATTACHMENT #1 0 2001 CALIFORNIA BUILDING CODE c Organized Camps ^ ^c Authority Cited---Health and Safety Code Section 18897.3. C ^ Reference--Health and Safety Code Section 13143. c A c Allhotels, motels, lodginghouses, apartmenthousesanddwell- ~ ings, including congregate residences and buildings and strucq AC lures accessory thereto. ^ c Multiple-story structures existing on January 1, 1975, let for ~ humanhabitation, includingandlimitedto, hotels, motels, apart- ~ men/houses, less than 75feet (22 860 mm) above the lowestfloor AC level having building access, wherein rooms used for sleeping are AC let above the ground floor. A ¢ AuthorityCited---HealthandSafetyCodeSections13143.2and ~ 17921. ^ aC Reference--Health and Safety Code Section 13143. C AC Certified family-care homes, out-of-home placement facilities, Ac halfway houses, drug and/or alcohol rehabilitation facilities and any building or structure used or intended for use as a home or in- 'As/itu/ion/or the housing of any person of any age when such per- CA son is referred to or placed within such home or institution for CA protective social care and supervision services by any govern- CA mental agency. C ~ AC Authority Cited--Health and Safety Code Section 13143.6. AC Tents, awnings or other fabric enclosures used in connection AC with any occupancy. ^ c Authority Cited-d-lealth and Safety Code Section 13116. ^ ^c Reference--Health and Safety Code Section 13143. C ^ Enforcing Agency---Pursuant to Section 13146, Health and C AC Safety Code: AC The responsibility for enforcement of building standards AC adoptedbytheStateFireMarshalandpublishedintheCalifornia ~ BuildingStandardsCoderelatingtofireandpanicsafetyandoth- ~ er regulations of the Office of the State Fire Marshal shall be as AC follows: A c 1. The city, county, or city and county with jurisdiction in the AC area affected by the standard or regulation shall delegate the en- AC forcement of the building standards relating to fire and panic safe- AC ty and other regulations of the state fire marshal as they relate to AC Group R, Division 3 dwellings, as described in Section 310.1 of A Part 2 of the California Building Standards Code, to either of the ~c following: AC 1.1 The chief of the fire authority of the city, county, or city c^ and county, or an authorized representative. A c 1.2 The chief building official o/the city, county, or city and ^ c county, or an authorized representative. A C ^ 2. Thechiefofanycityorcountyfiredepartmentorofanyfire- CA protection district, and authorized representatives, shall enforce ~ within the jurisdiction the building standards and other regula- CA lions of the state fire marshal, except those described in Item 1 c or4. A C ^ 3. The state fire marshal shall have authority to enforce the CA building standards and other regulations of the state fire marshal cA in areas outside of corporate cities and districtsprovidingfire- CA protection services. c ^ 4. The state fire marshal shall have authority to enforce the ~c b. uilding standards and other regulations of the state fire marshal ^ tncorporatecitiesanddistrictsprovidingfire-protectionservices C ^ on request of the chief/ire official or the governing body. C c^ 5. Any fee charged pursuant to the enforcement attthority of A thissectionshallnotexceedtheestimatedreasonablecostofpro_ 101.17.14 102.1 viding the service for which the fee is charged pursuant to Section CA 66014 of the Government Code. CA Fire alarm devices, equipment and systems in connection with any occupancy. Authority Cited--Health and Safety Code Section 13114. Hazardous materials. Authority Cited---Health and Safety Code Section 13143.9. Flammable and combustible liquids. Authority Cited--Health and Safety Code Section 13143.6. 101.17.15 SHB~State Historical BuiMing Code Advisory cn Board, Division of the State Architect. c Application--Qualified historical buildings and structures and CA their associated sites. ~ Enforcing Agency-~State or local agency specified by the c applicable provisions of lavz ~n C Authority Cited--Health and Safety Code Section 18959.5. ac Reference---Health and Safety Code Sections 18950 through ~ 18961. ~ 101.17.16 SL--State Librarian. CA c Application-'-Publiclibraryconstructionandrenovationusing AC funds from the California Library Construction and Renovation ~ BondAct of 1988. ^ C Enforcing Agency--,State Librarian. AC Authority Cited--Education Code Section 19960. AC A Reference~Education Code Sections 19950 through 19981. CA SECTION 102 -- UNSAFE BUILDINGS OR STRUCTURES All buildings or structures regulated by this code that are structur- ally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire haz- ard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members that are supported by, attached to, or a part of a building and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this code are hereby designated as un- safe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, reha- bilitation, demolition or removal in accordance with the proce- dures set forth in the Dangerous Buildings Code or such alternate procedures as may have been or as may be adopted by this jurisdic- tion. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the governing body, may institute any other appropriate action to prevent, restrain, cor- rect or abate the violation. 102.1 [For SFM] Fire Hazard. No person, including but not c~ ~ limitedtothestateanditspoliticalsubdivisions, operatinganyoc- CA ~ cupancy subject to these regulations shall permit any fire hazard, CA ~L as defined in this section, to exist on premises under their control, CA ~ or fail to take immediate action to abate a fire hazard when re- c L qaested to do so by the enforcing agency. AC ~ A L NOTE: "Firehazard' asusedintheseregulationsmeansanycon. ~ ~ dition, arrangement or act which will increase, or may cause an in- c L crease of, the hazard or menace o£ fire to a greater degree than ~ ~ 1-6.1 102.1 104.2.1.1.1 2001 CALIFORNIA BUILDING CODE C customarily recognized as normal by persons in the public service of A C preventing, suppressingorextinguishingfire;orwhichmayobstruct, A C delayorhinder, ormaybecomethecauseofobstruction, delayorhin- drance to the prevention, suppression or extinguishment of fire. A L AL C 102.2 [For HCD 1]Authority to Enforce. Subject to otherpro- CA visions of law, for administration enforcement, actions, proceed- cA tngs, abatement, violations andpenalties in structures subject to c State Housing Law, refer to Health and Safety Code Sections nc 17910through 17995.5andCalifornia CodeofRegulations, Title 11~25, Oivisionl, ChapterlcommencingwithSection1. CA 102.2.1[For HCD 2] Mobilehome parks and special occupancy CA parks. Subject to other provisions of law, for administrative, eh- CA forcement, actions, proceedings, abatement, inspections andpen- c allies applicable to theMobilehomeParksAct, refer to California A I~cL ^ Health and Safety Code, Division 13, Part 2.1 commencing with c Section18200andCaliforniaCodeofRegulations, Title25, Divi~ ~ ~ sion 1, Chapter2 commencing with Section 1000. C NOTE: SeeSection 101.17.10. LA CA 102.2.2 [For HCD1] Employee Housing. Subject to otherp rovi- CA sions of law, for administration, enforcement, actions, proceed- cA inns, violationsandpenaltiesapplicabletotheEmployeeHousing ca Act, refer to Health and Safety Code, Part 1, Sections 17000 through 17062.5 and California Code of Regulations, Title 25, Di- ~ vision 1, Chapter 1 commencing with Section 6000. SECTION 103 -- VIOLATIONS It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or struc- ture or cause or permit the same to be done in violation of this code. CA 103.1 [For SFM] Pursuant to Health and Safety Code Section ca 13112, anyperson who violates any order, rule or regulation ofthe cA state fire marshal is guilty of a misdemeanor punishable by a fine CA ofnotlessthan$1OO. OOormorethan$500. O0, orbyimprisonment for not less than six months, or by both. Aperson is guilty ora sepa- ~ rate offense each day during which he or she commits, continues AC or permits a violation of any provision of, or any order, rule or nc regulation of, the state fire marshal as contained in this code. LA cA Any inspection authority who, in the exercise of his or her au- thority as a deputy state fire marshal, causes any legal complaints ~ to be filed or any arrest to be made shall notify the state fire mar- ~ shalimmediatelyfollowingsuch action. 103.2 [For HCD l] Actions and Proceedings. Subject to other provisions of law, California Code of Regulations, Title 25, Divi- sion I, Chapter 1 commencing with Section 1 and Health and Safety Code, Sections 17980 through 17995.5 address punish- ments, penalties and fines for violations of building standards in structures subject to the State Housing Law. 103.2.1 [ForHCD 2] Actionsandproceedings. Subjecttooth- er provisions of law, California Code ofRegulations Title 25 Divi ston 1, Chapter 2 commencing with Section 1000 and Health and Safety Code, Section18700 addresses punishments, penalties and fi es for vtolattons of building standards subject to the Mobile- home Park.~ Act. 103.2.2 [ForHCD lIActionsandproceedings. Subjecttoother provisions of law, California Code of Regulations, Title 25, Divi- sion 1, Chapter1 commencing with Section 600 and Health and Safety Code, Sections 17060 through 17062.5 address punish- ments, penalties and fines for violations of building standards sub- ject to the Employee Housing Act. 1-6,2 SECTION 104 -- ORGANIZATION AND ENFORCEMENT 104.1 CreationofEnforcementAgency. Thereisherebyestab- lished in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the building official. 104.2 Powers and Duties of Building Official. 104.2.1 General. The building official is hereby authorized and directed to enforce all the provisions of this code. For such pur- poses, the building official shall have the powers of a law enforce- ment officer. NOTE [For SFM]: See Section 101.17.14. c L AL NOTE [For HCD 1]: See Section 101.17.9. ca ~L [For SFM] Pursuant to Health and Safety Code Section13 ] 08, ~ ~ upon the written request of the chief fire official of any city, county nc L~ or fire-protection district, the State Fire Marshal may authorize ^ L such chief fire official and his or her authorized representatives, in ^LC I. their geographical area of responsibility, to make fire-prevention A LC t. inspections of state-owned or state-occupied buildings, other than c L AL state institutions, for the purpose of enforcing the regulations c ~ AL relating to fire and panic safety adopted by the State Fire Marshal ca ~ pursuant to this section and building standards relating to fire and CA ~ panic safety published in the California Building Standards Code. c ~ Authorization from the State Fire Marshal shall be limited to those nc ~ -fire departments or fire districts which maintain afire-prevention nc ~ bureau staffed by paid personnel, nc ~ Pursuant to Health and Safety Code Section 13108, any re- ~A ~ quirement or order made by any chief fire official who is autho- c L rized by the State Fire Marshal to make fire-prevention nc ~ inspections of state-owned or state-occupied buildings, other than AC ~ state institutions, may be appealed to the State Fire Marshal. The nc ~ StateFireMarshalshall, uponreceivinganappealandsubjectto ^ ~ CL the provisions of Chapter 5 (commencing with Section18945) of ^ I. CL Part2, 5 of Division 13 of the Health and Safety Code, determine if ^ 1~ CL the requirement or order made is reasonably consistent with the ^ t, -fire and panic safety regulations adopted by the Office of the State ^ ~.c ~. Fire Marshal and building standards relating to fire and panic CA ~ safety published in the California Building Code. c I. AL The building official shall have the power to render interpreta- tions of this code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such inter- pretations, rules and regulations shall be in conformance with the intent and purpose of this code. [ForSFM] Anyperson may request a code interpretation from ca ~ the State Fire Marshal relative to the intent of any regulation or c ~, provision adopted by the State Fire Marshal. When the request re- nc ~ AL lates to a specific project, occupancy or building, the State Fire c L Marshal. shall review the issue with the appropriate local enforc- c I.^ ~ lng agency prior to rendering such code interpretation. A L CL AL 104.2.1.1 [For HCD 1]Authority of city or county buiMing de- c ~ AL partments, c ~ AL 104~2.1.1.1 [For HCD1] General--State housing law. Subject ~c ~ to other provisions of law, Health and Safety Code, Section 17960 nc ~ ' is repeated here for clarity and reads as follows: cn Il Section 17960. The building department of every city or county nc ~ shall enforce within its jurisdiction all the provisions published in nc ~ the State Building Standards Code, the provisions of this part, and nc 1~ the other rules and regulations promulgated pursuant to the provi, nc I. sions of this part pertaining to the erection, construction, recon. A L struction, movement, enlargement, conversion, alteration, repair, cA ~ removal, demolition, or arrangement of apartment houses, hotels, ca L or dwellings, cA 2001 CALIFORNIA BUILDING C~,..,E 104.2.1.1.1 104.2.5 L C NOTE [For HCD 1]: See Section 101. l 7.9. LA L C ~ ~C 104.2.1.1.2 [ForHCD2]General~MobilehomeParkAct. Re- ~ ~ fer to the Mobilehome Park. Act, California Health and Safety H ~ ~ Code, Division 13, Part2.1 commencing with Section 18200 and ~ ~ California Code of Regulations, Title 25, Division 1, Chapter 2 II k c~ commencingwithSectionlOOO, formobilehomeparkadministra- L ^ tiveandenforcementauthority, permits, plans, fees, violations, in- L C ~ ~ spections andpenalties. L A NOTE [ForHCD2]:SeeSectionlOl.17.10. LC LA ~ CA 104.2.1.1.3 [For HCD 1] General~Employee Housing Act. ~ CA Refer to theEmployeeHousingAct, Health andSafety Code, Divi- iision13, PartlcommencingwithSection17000andCalifornia Code of Regulations, Title 25, Division 1, Chapter 1 commencing ~ cA with Section 600 for employee housing administrative and en- ~L CA forcement authority, permits, fees, violations, inspections and ~ CA penalties. LC L A NOTE[I~orHCD 1]:SeeSection 101.17.9. L C LA L C 104.2.1.1.4[ForHCD1]General--Factory-built Housing. Re- Lc[ ^ fer to the Factory-built Housing Law, Health and Safety Code, Di' LA L ¢ vision 13, Part 6 commencing with Section 19960 and the L CL ^ California Code of Regulations, Title 25, Division 1, Chapter 3 LI~ C ^ commencing with Section 3OOO for factory-built housing adminis- ~ ~ trative and enforcement authority, permits, fees, violations, in- ~ ~ spections andpenalties. L A L C NOTE [For HCD 1]: See Section 101.17.9. 104.2.2 Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the building of- ficial may appoint such number of technical officers and inspec- tors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees a~s may be necessary to carry out the functions of the code enforce- ment agency. 104.2.3 Right of entry. When it is necessary to make an inspec- tion to enforce the provisions of this code, or when the building official has reasonable cause to believe that there exists in a build- ing or upon a premises a condition that is contrary to or in violation of this code that makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or prem- ises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occu- pied that credentials be presented to the occupant and entry re- quested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. L C [For SFM] The fire chief of any city, county or fire-protection L A Ca district, orsuchperson'sauthorizedrepresentative, mayenterany ca stateinstitutionoranyotherstate-ownedorstate-occupiedbuild. CA lng for the purpose of preparing a fire-suppression preplanning cA program or for the purpose of investigating any fire in a state- ca occupied building. L C A [ForSFM] TheStateFireMarshal, hisorherdeputiesorsala- LL. ca ried assistants, the chief of any city or county fire department or cafireprotectiondistrictandhisorherauthorizedrepresentatives CA mayenteranybuildingorpremisesnotusedfordwellingpurposes ~ at any reasonable hour for thepurpose of enforcing this chapter. c The owner, lessee, manager or operator of any such building or ~ premisesshallpermittheStateFireMarshal, hisorherdeputies ~ or salaried assistants and the chief of any city or county fire de- ¢ partment orfire-protection district and his or her authorized rep- resentatives to enter and inspect them at the time and for the c purpose stated in this section. CA CL 104.2.3.1 [For HCD 1 & HCD 2]Right of entry for enforce- ment. Subject to other provisious of law, Health and Safety Code, ^ c L Sections and Subsections 17050 (I), 17970, 17971, 17972 and A C L 18400 are repeated below for clarity and read as follows: A L CL Section 17050 (i). The enforcement agency may: AL (1) Enter public or private properties to determine whether AL there exists any employee housing to which this part applies, c AL (2) Enter and inspect all employee housing wheresoever situat- CA ed, and inspect all accommodations, equipment, or paraphernalia CA connected therewith, c (3) Enter and inspect the land adjacent to the employee housing to determine whether the sanitary and other requirements of this part, thebuildingstandardspublishedintheStateBuildingStan- c dards Code relating to employee housing and the other rules and CA regulations adopted pursuant to this part have been or are being CA complied with. c AL Section 17970. Any officer, employee, or agent of an enforce- CA ment agency may enter and inspect any building or premises c whenevernecessarytosecurecompliancewith, orpreventa viola- cA tionof, anyprovisionofthispart, thebuildingstandardspublished CA in theStateBuildingStandards Code, andotherrules andregula- cA tions promulgated pursuant to the provisions of this part which the c enforcement agency has the power to enforce. AL Section 17971. The owner, or authorized agent of any owner, of c L AL any building or premises may enter the building or premises c L AL whenever necessary to carry out any instructions, orperform any c L A L work required to be done pursuant to this part, the building stan- ¢ L AL dards published in the State Building Standards Code, and other c rules and regulations promulgated pursuant to the provisions ofcL ^ this part. ^ c L AL Section 17972. No person authorized by this article to enter CA buildings shall enter any dwelling between the hours of 6 o'clock ca pm. of any day and 8 o'clock a m of the succeeding day, without c L the consent of the owner or of the occupants of the dwelling, nor enter any dwelling in the absence of the occupants without a prop- er written order executed and issued by a court having jurisdiction to issue the order. Section 18400. (a) The department shall enforce this part and the rules and regulations adopted pursuant to this part, except as c provided in Section 18300. AL (b) The officers or agents of the enforcement agency may do ca either of the following: CA (1) Enter public or private property to determine whether there cA exists any park to which this part applies, c AL (2) Enter and inspect all parks, wherever situated, and inspect ~c all accommodations, equipment, or paraphernalia used in con- ^ L nection therewith, including the right to examine any registers of ca occupants maintained therein in order to secure the enforcement cA of this part and the regulations adopted pursuant to this part. CA 104.2.4 Stop orders. Whenever any work is being done con- trary to the provisions of this code, or other pertinent laws or ordi- nances implemented through the enforcement of this code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work. 104.2.5 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may 1-6.3 104.2.5 2001 CALIFORNIA BUILDING CODE 105.1 order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be con- tinued. Such person shall discontinue the use within the time pre- scribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. 104.2.6 Liability. The building official charged with the en- fomement of this code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such du- ties. A suit brought against the building official or employee be- cause of such act or omission performed by the building official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the en- forcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termina- tion of such proceedings, and any judgment resulting therefrom shall be assumed by this jurisdiction. This code shall not be construed to relieve from or lessen the re- sponsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its patent jurisdiction be held as assuming any such liability by rea- son of the inspections authorized by this code or any permits or certificates issued under this code. 104.2.7 Modifications. When there are practical difficulties in- volved in carrying out the provisions of this code, the building of- ficial may grant modifications for individual cases. The building official shall first find that a special individual reason makes the strict letter of this code impractical and that the modification is in conformance with the intent and purpose of this code and that such modification does not lessen any fire-protection requirements or any degree of structural integrity. The details of any action grant- ing modifications shall be recorded and entered in the files of the code enforcement agency. 104.2.8 [For HCD 1 & HCD 2] Alternate for materials, design, II k ,~ tests and methods of construction. The provisions of this code are not intended to prevent the use of any material, alternate de- sign or method of construction not specifically prescribed by this code, provided any alternate has been approved and its use autho- rized by the building official. The building official may approve any such alternate, provided the building official finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. The details of any action granting approval of an alternate shall be recorded and entered in the files of the code en- forcement agency. L C 104.2.8.1 [For HCD 1] Alternate for materials, designs, tests L ~ and methods ofconstructlon. Subject to otherprovisions of law, ~ ~ the method for approval of alternate materials, design, tests and L A ~ CA methods ofconstruction are set forth in StateHousingLaw, Health II,CA and Safety Code, Section17923 or Section17951 (d) and Califor- t c niaCodeofRegulations, Title25, Divisionl, Chapterl commenc- n inn with Section 1. 1-6.4 104.2.8.1.1 [For HCD 2] Alternate for materials, designs, tests c L and methods of constructlon. Subject to other provisions of law, ~ ~ the method for approval of alternate materials, appliances, instal- lation, device, arrangement, or method of construction are set ^ L forth in the Mobilehome Parks Act, Health and Safety Code, Sec- ~ ~ tion18305 and California Code of Regulations, Title 2 5, Division c L AL I, Chapter 2 commencing with Section 1000. c Lll AL CL 104.2.8.1.2 [For HCD1] A Iternate for materials, designs, tests^ L CL and methods of construction. Subject to otherprovisions of law, ^ L CL themethodforapprovalofalternatematerials, appliances, instal- A L lation, device, arrangement, or method of construction are set CA L forth in the Employee Hbusing Act, Health and Safety Code, Sec- ~ ~ tion17002 and California Code of Regulations, Title 25, Division I, Chapter I commencing with Section 600. CA ,~ll CL 104.2.8.2 [For HCD 1] Additions, alterations, repairs and ~ ~ movedbuildings. Subject to otherprovisions of law, alterations, ~ [ repairs, replacements, occupancy, use and maintenance provi- ~ ~ sions, and moved buildings are referenced in the State Housing ~ L Law, HealthandSafetyCode, Sections17912,17920.3,17922(c), ~ ~:~ 17922.3, 17958.8 and 17958.9 and California Code of Regula- ^ lions, Title25, Chapterl commencingwith Section 1. Health and CA L[I.L Safety Code Sections 17958.8 and 17958.9 are repeated here to ~ ~' II provide clarity and read as follows: ^~ ~ Section 17958.8. Local ordinances or regulations governing ~ 1, alterations and repair of existing buildings shall permit the re- A ~ placement, retention, and extension of original materials and the ~ ~ use of original methods of construction as long as the hotel, lodg- ing house, motel, apartment house, or dwelling, or portions there- of, or building and structure accessory thereto, complies with the CA ~ provisions published in the California Building Standards Code CA kll and the other rules and regulations of the department or alterna- c ~ tivelocalstandardsadoptedpursuanttoSection13143.2anddoes ~ not become or continue to be a substandard building. ~ L AL Section 17958.9. Local ordinances or regulations governing c~ ~ the moving of apartment houses and dwellings shall, after July l, 1978, permit the retention of existing materials and methods of cn ~ construction so long as the apartment house or dwelling complies ~ ~ with the building standards for foundation applicable to new c I. construction, and does not become or continue to be a substan- ~ ~ dard building. ~ ~ 104.2.9 Tests. Whenever there is insufficient evidence of com- pliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the building official may require tests as proof of com- pliance to be made at no expense to this jurisdiction. Test methods shall be as specified by this code or by other rec- ognized test standards. If there are no recognized and accepted test methods for the proposed alternate, the building official shall de- termine test procedures. All tests shall be made by an approved agency. Reports of such tests shall be retained by the building official for the period re- quired for the retention of public records. 104.2.10 Cooperation of other officials and officers. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is re- quired in the discharge of the duties required by this code or other pertinent law or ordinance. SECTION 105 ~ BOARD OF APPEALS 105.1 General. Inordertohearanddecideappealsoforders, de- cisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is 2001 CALIFORNIA BUILDING CODE 105.1 106.3.3 hereby created a board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the juris- diction. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt roles of procedure for conducting its business, and shall render all decisions and findings in writing to the appel- lant with a duplicate copy to the building official. L C 105.1.1 [For SFM] Right to Appeal. For clarification pur- ~L ~ poses, the applicable subsection of the Health and Safety Code L ~ section is repeated. LA L c Section 18945. (a) Anyperson adversely affected by any regu- LA ~L Cn lation, rules, omission, interpretation, decision or practice of any L ~ state agency, respecting the administration of any building stan- ~ ¢ dard may appeal the issue for resolution to the Commission. L A L^~ C (b) If any local agency having authority to enforce a state build- ~ cn ing standard and anyperson adversely affected by any regulation, ~ ca rule, omission, interpretation, decisionorpracticeofsuchagency ~ ca respecting such building standard both wish to appeal the issue ~ ca for resolution to the commission, then bothparties may appeal to L C the commission. The commission may accept such appeal only if ~ AC the commission determines that the issues involved in such appeal ~ AC have statewide significance. 105.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. SECTION 106- PERMITS 106.1 Permits Required. Except as specified in Section 106.2, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, re- moved, converted or demolished unless a separate permit for each building or structure has first been obtained from the building offi- cial. 106.2 Work Exempt from Permit. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and I storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). 2 Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) high. 5. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, un- less supporting a surcharge or impounding Class I, II or III-A liq- uids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2:1. 7. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches (1372 mm). 11. Prefabricated swimming pools accessory to a Group R, Di- vision 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18 927 L). 12. [For SFM] State-owned buildings under the jurisdiction c ~ of the state fire marshal. Ac [ Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 106.3 Application for Permit. 106.3.1 Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use or occupancy for which the proposed work is intended. 4. Be accompanied by plans, diagrams, computations and specifications and other data as required in Section 106.3.2. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Give such other data and information as may be required by the building official. 106.3.2 Submittal docmnents. Plans, specifications, engineer- ing calculations, diagrams, soil investigation reports, special in- spection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be pre- pared by a licensed architect or engineer. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. EXCEPTION: The building official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that re- viewing of plans is not necessary to obtain compliance with this code. 106.3.3 Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, na- ture and extent of the work proposed and show in detail that it will conform to the provisions of this code and all relevant laws, ordi- nances, rules and regulations. Plans for buildings of other than Group R, Division 3 and Group I U Occupancies shall indicate how required structural and fire- 1-6.5 1997 ATTACHMENT #11 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS" COp_ES .AND. RELATED PUBLICATIONS - The International Conference of Building Officials (iCBO) publishes a family of codes, each correlated with the Uniform Building Code TM to provide jurisdiction~'with-wnomplete set of building-related regulations for adoption. Some of these codes are published in affiliation with other organizations such as the International Fire Code Institute (IFCI) and the International Code Council (ICC). Refer- ence materials and relat~d.codes also are available to improve -knowledge of code enforcement and administration of building inspec- tion programs. Publications and products are continually being added, so inquiries should be directed to Conference headquarters for a listing 0f available products. Many codes and references are also available On CD-ROM or flopPy d/sk Th~se are denoted by (*) The following publications and products are available from ICBO: ' ' ' ' CODES *Uniform Building Code, Voluni~ 1, .2 and 3. The m°~st widely adopted model building code in the United States, the Performance- based Uniform Building Code is a proven document, meeting the needs of government units charged with the enforcement of building regula- tions. Volume 1 contains administrative, fire- and life-safety and field inspection provisions; Volume 2 contains structural engineering design provisions; and Volume 3 contains material, testing and installation standards. *Uniform Mechanical Code'~. Provides a complete set of require- ments for the design, construction, installation and maintenance of heating, ventilating, cooling and refrigeration systems; incinerators and other heat-producing appliances. International Plumbing Code ~. Provides consistent and teclmi- cagy advanced requirements that can be used across the country to pro- vide..***,c°mprehensive regulations of modem plumbing systems. Setting mm~mum regulations for plumbing facilities in terms of performance ~bjectives, the linc provides for the acceptance of new and innovative products, materials and systems. International Private Sewage Disposal Core'S. Provides flexibil- ity in the development of safety and sanitary individual sewage disposal systems and includes detailed provisions for all aspects of design, installation and inspection of private sewage disposal systems. International Mechanical Code ~. Establishes minimum rngula- tions for mechanical systems using prescriptive and performance- related provisions. It is founded on broad-based principles that make possible the use of new materials and new mechanical designs. Uniform Zoning CodeTM. This code is dedicated to intelligent corn- ?unity development and to the benefit of the public welfare by provid- ing a means of promoting uniformity in zoning laws and enforcement. *Uniform Fire Code TM , Volumes 1 and 2. The premier model fife code in the United States, the Uniform Fire Code sets forth provisions necessary for fire prevention and fire protection· Published by the International Fire Code Institute, the Uniform Fire Code is endorsed by the Western Fire Chiefs Association, the Intemationnl Association of Fire Chiefs and ICBO. Volume 1 contains code provisions compatible with the Uniform Building Code, and Volume 2 contains standards ref- erenced from the code provisions. *Urban-Wildland Interface CodeTM. Promulgated by IFCI, this code regulates both land use and the built environment in designated ar- ban-wildland interface areas. This newly developed code is the only model code that bases construction requirements on the fire-hazard severity exposed to the structure. Developed under a grant from the Federal Emergency Management Agency, this code is the direct result of hazard mitigation meetings held after devastating wildfires. · Uniform Housing Code'~ · Provides complete requirements affect_ mg conservation and rehabilitation of housing.' Its regulations are com- patible with the Uniform Building Code. Uniform Code for the Abatement of Dangerous Buildings TM . A code compatible with the Uniform Building Code and the Uniform Housing Code which provides equitable remedies consistent with other laws for the repair, vacation or demolition of dangerous buildings. Uniform Sign Code ~. Dedicated to the development of better sign regulation, its requirements pertain to all signs and sign construction attached to buildings. Uniform Administrative Code TM . This code covers administrative areas in connection with adoption of the Uniform Building Code, Iv Uniform Mechanical Code and related codes. It contains provisions which relate to site ~reparation, conStructiOn' allerati6n, moving, repair and use and ocCUpancies ~f b~dings ~: StruatUres ami'building service equipment, including plumbing, electrical and mechanical regulations. The code is compatible with the administrative provisions of all codes published by the Conference. Uniform Building Security Code ~. This code establishes mini- mum standards to make dwelling units resistant to unlawful entry. It regulates swinging doors, sliding doors, windows and hardware in con- nection with dwelling units of apartment houses or oae- and two-family dwellings. The code gives consideration to the concerns of police, fire and building officials in establishiag requirements for resistance to bur- glary which are compatible with fire and life safety. Uniform Code for Building Conservation'~. A building conserva- tion guideline presented in code format which will provide a communi- ty with the means to preserve its existing buildings while achieving appropriate levels of safety. It is formatted in the same manner as the Uniform Building Code, is compatible with other Uniform Codes, and may be adopted as a code or used as a guideline. Dwelling Construction under the Uniform Building Code ~. Designed primarily for use in home building and apprentice training, this book contains requirements applicable to the construction of one- and two-story dwellings based on the requirements of the Uniform BUilding Code. Available in English or Spanlah. Dwelling Construction under the Uniform Mechanical Code '". This publication is for the convenience of the homeowner or contractor interested in instaging mechanical equipment in a one- or two-family dwelling in conformance with the Uniform Mechanical Code. Supplements to UBC and related codes. Published ia the years be- tween editions, the Supplements contain all approved changes, plus an analysis of those changes. Uniform Building Code--1927 Edition. A special 60th anniversa- ry printing of the first published Uniform Building Code. One and Two Family Dwelfing Code. Promulgated by ICC, this code eliminates conflicts and duplications among the model codes to achieve national uniformity. Covers mechanical and plumbing require- merits as well as construction and occupancy. Application and Commentary on the One and Two Family Dwelling Code. An interpretative commentary on the One and Two Family Dwelling Code intended to enhanqe uniformity of interpretation and application of the code nationwide. Developed by the three model code organizations, this document includes numerous illustrations of code requirements and the rationale for individual provisions. Model Energy Code. This code includes minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings. It is based on American Society of Heat- ing, Refrigeration and Air-conditioning Engineers Standard 90A-1980 and was originally developed jointly by ICBO, BOCA, SBCCI and the National Conference of States on Building Codes and Standards under a contract funded by the United States Department of Energy. The code is now maintained by ICC and is adopted by reference in the Uniform Building Code. National Electrical Code®. The electrical code used throughout the United States· Published by the National Fke Protection Association, it is an indispensable aid to every electrician, contractor, architect, build- er, inspector and anyone who must specify or certify electrical installa- tion~. Preface The provisions of this code were developed to afford jurisdictions reasonable procedures for the classification and abatement of danger- ous buildings. This code is designed to be compatible with the Uniform BuiMing CodeTU and the Uniform Housing CodeTM. While the Housing Code is applicable only to residential buildings, the Uniform Cod~fOr the Abatement of Dang~rousBuildingsTM is designed to apply to all typ~s of buildings and structures. The notices, orders and appeals procedures specified have been found to be workable and are referenced by the Uniform BuiMing Code. If properly followed, the provisions of this code will providd ~e building official with the proper legal steps in abating dilapidated, defective bu~ling~ which endanger life, health, property and public safety within COncepts of fair play and justice. III TECHNIC/~L REFERENCES AND EDUCATIONAL MATERIALS Analysis of Revisions to the Uniform Codes TM An analysis of changes between the previous and new 6ditions of the Uniform Codes is provided. Changes between co~e'-edi-tiofis are noted either at the begin- ning of chapters or in the margins of the code text. *Handbook to the Uniform Building Code. The handbook is a COmpletely detailed and illustrated commentary on the Uniform Build- lng Code, tracing histurical background and rationale of the codes through the current edition· Also included are numerous drawings and figures clarifying the application and intent of the Code provisions. Also available in electrOnic format· too~Hfoarnudnbd~sktatn°dint~,~U~n~f_°_r~..Mec~affical Code. An indispensable ~ mo prov~sions ox me current UMC, the handbook traces the historical background and rationale behind the U/vIC provi- sions, includes 160 figures which clarify the intent and application of the code, and provides a chapter-by-chapter analysis of the UMc. *Uniform Building Code Application Manual. This manual discusses sections of the Uniform BuiMing Code with a question-and- anSWer format, providing a comprehensive analysis of the intent of the code sections Most sections include illustrative exam les The manual ~s in loose-leaf format so that cod,~ .. · P ' · ' '---- applIcatiuns published m Building Standards magazine may be inserted Als electronic format . o available ia · . nifonn Mechanical Code Application n~o._~, , ton document to the Uniform Mechantcal Co-' "' P. - a comprehensive analysis of the intent ~f a ;~a~e~--~m- -a~ual p~.owd?s a.~,e.asy-.to-.ns.e question-and-answer format. The maan~, ........ sections. ~o,,,~uve examples for many code *Uniform Fire Code Applications Manual. This newly developed manual provides questions and anSwers regarding UFC provisions. A comprehensive analysis of the intent of numerous cod ' manual is in a loose-leaf format for eas~, ins-,-,:~ * a.e sections, the published in IFCI's Fire Code Journaff ~,un o[ COde applications Quick-Reference Guide to the Occupancy Requirements of the .... 1997 UBC. Code requirements are compiled in this publication by occupancy groups for quick access. These tabulations assemble requirements for each occupancy classification in such es fire-resistive ratings the code. Provisions, for occupancy separations in Table 3-B, eXterior wall and opening protection requirements in Table 5-A-l, and fire-resistive ratings for types of construction in Table 6-A, are tabu- lated for quick reference and comparison. Plan Review Manual. A practical teXt that the field inspector and plan reviewer in will assist and guide both applying the code requirements This manual covers the nonstructural · plan review, and basic structural aspects of Field Inspection Manual. An important fundamental courses of study at the community college text for and trade or technical school level. It is an effective text for those studying building construction or architecture and includes sample forms and checklists for use in the field. Building Department Administration. An excellent guide for im- provement of skills in departmental ma~agument and in the enforce- ment and application of the Building Code and Other administered by a building inspection regulations department. This textbook will also be a valuable aid to instructors, students and those in related profes- siunal fields. Building Department Guide to Disaster Mi ' · · .expanded guide is designed to assist ~,,oa:_ ~ tigation. This new, mg or updatin~ disoo*~- ~:*:--,' ~.,,~mg uepartments in develon gmdelmes for a ...... : .... pi.ans. Subjects covered include unmediate response, mutual aid and inspections, working with the media, repair and recovery policies, and public iuformation bulletins. This publication is a must for' those involved in preparing for and responding to disaster. Building Official Management Manual - the u~ ue natu . . · This manual addre , q re of code administraa ...... sses the buildinp official A .... ~-m,. · ~'" anu me managerial duties of o · o-~ps=~ntary insert addresses the budgetary and financial aspects of a bu/ldin~ department. It is also aw, i~t~i*~ resource for those preparing for the management module of the~l~AB0 .~ Building Official Certification Examination. Legal Aspects of Code Administration. A manual developed by the three model code organizations to inform the building official on the gal aspects of the profession. The text is written in a logical sequence with explanation of legal terminology. It is designed to serve as a refresher for those preparing to take the legal module of the CABO Building Official Certification Examination. Illustrated Guide to Conventioual Construction Provisions of the UBC. This COmprehensive guide and comme detailed explanations of the co .... ,~ .... ntary provides ,,-~,uunm construction provisions in the UBC, including descriptive discussions and illustrated drawings to convey the prescriptive provisions related to wood-frame construction. Introduction to the Un/form Building Code. A workbook that pro- vides an overview of the basics of the UBC. Uniforoa Building Code Update Workbook. This manual address- es many of the changes to-the administrative, fire- and life-safety, and inspection provisions appearing in the UBC. UMC Workbook. Designed for independent stud instructor-led pro""ams b~- ~ - y or use with e,- ~ea on tile Uniform Mech ' comprehensive stud~, ~';d ..... · antcal Codg this first two "~'" ~ c~nslsts of 16 learumg sessions, with the sessions reviewing the purpose, scope, definitions and admin- 7eVe~PJ.°;V.~l~°.n~s..an~d ~e re_m. ammg 14 sessions progressively ex lor- e . ~.*,~om~u~ Ior mstaliin ins ' ' · . P ventilating, coolin,, o-.~ .~t_~ g/. peering and mmntammg heating, UBC Field/nspection Workbook. A comprehensive workbook for studying the provisions of the UBC. Divided into 12 sessions, this workbook focuses on the UBC combustible construction requirements for the inspection of wood-framed construction. Concrete Manual. A publication for individuals seeking an Under- standing of the fundamentals of COncrete field technology and inspec- .tion.practices. Of particular interest to concrete construe · ' it will also benefit cumin-ecs -~ tion inspectors, lng and inspection laboratories and material suppliers. Reinforced Concrete Masonry Construction Inspector's Hand- book. A Comprehensive information source written especially for ma- ann standards Publls .... Masonry Institute of America. ' had Jointly by IL'BO and the You Can Build Itt Sponsored by ICBO in cooperation with CABO, this booklet contains information and adxace to aid "do-it-yourselfers- with btfflding projects. Provides guidance in necessary procedures such as permit requirements, codes, plans, cost estimation, etc. Guidelines for Manufactured Housing Installations. A guideline .in cede form implementing the Uniform Building Code and its compan- Ion cede documents to regulate the permanent installation of a man- ufactured home on a privately OWned, nourantal site. A commentary is included to explain specific provisions, and codes applying to each , Component part are defined. Accessibility Reference Guide. This guide is a valuable resource for architects, interior designers, plan reviewers and others enforce accessibm~, ...... :-. - who design and · ~'Y latov~lona. Features include access~ility require- ments, along with detailed commentary and graphics to clarify the pro- visions; cross-references to other applicable sections of the UBC and the Americans with .... Disabilities Act Accessibility Guidelines; a check- list of UBC provisions on access and usability requirements; and many other useful references. Educational and Technical Reference Materials. The Conference has been a leader in the development of texts and course material to assist in the educational process. These materials include vital informa- tion necessary for the building official and subordinates ia carrying out their responsibilities and have proven to be excellent references in con- nection with community college curricula and higher-level courses in the field of building construction technology and inspection and in the administration of building departments. Included are plan' review checklists for structural, nonstructural, mechanical and fire-safety pro- wsmn.~ and a full line of videotapes and automated products. TABLE OF CONTENTS Chapter 1 Title and Scope :~. Section 101 Title Section 102 Purpose and Scope ................... 1 Section 103 Alterations, Additions and Repairs ....... Chapter 2 Enforcement Section 20! General ............................ 3 Section 202 Abatement of Dangerous Buildings ...... 3 Section 203 Violations Section 204 Inspection of Work ................... 3 Section 205 Board of Appeals .................... 3 Chapter 3 Definitions .......................... 5 Section 301 General ........ ' ' ' ' 5 Section 302 Dangerous Building .................. 5 Chapter 4 Notices and Orders of Building Official ...... 7 Section 401 General ............................ 7 Section 402 Recordation of Notice and Order ........ 7 Section 403 Repair, Vacation and Demolition ........ 7 Section 404 Notice to Vacate Ghapter 5 Appeal ................................. 9 Section 501 General Section 502 Effect of Failure to Appeal ............. 9 Section 503 Scope of Hearing on Appeal ............ 9 Section 504 Staying of Order under Appeal .......... 9 Chapter 6 Procedures for Conduct of Hearing Appeals. Section 601 General Section 603 Subpoenas .......................... 11 Section 604 Conduct of Hearing ................... 11 Section 605 Method and Form of Decision .......... 12 Chapter 7 Enforcement of the Order of the Building Official or the Board of Appeals .... 13 Section 701 Compliance Section 702 Extension of Time to Perform Work ...... 13 Section 703 /nterference with Repair or Demolition Work Prohibited 13 Chapter 8 Performance of Work of Repair or Demolition 15 Section 801 General .. Section 802 Repair and Demolition Fund ............ 15 Chapter 9 Recovery of Cost of Repair or Demolition .... Section 901 Account of Expense, FRing of Report .... 17 Section 902 Notice of Hearing .................... 17 Section 903 Protests and Objections ................ 17 Section 904 Hearing of Protests ................... 17 Section 905 Personal Obligation or Special Assessment 17 Section 906 Contest Section 907 Authority for/nstallment Payment of Assessments with Interest .............. 17 Section 908 Lien of Assessment ................... 17 · Section 909 Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill ...... 17 Section 910 Filing Copy of Report with County Auditor ...................... 18 Section 911 Collection of Assessment: Penalties for Foreclosure Section 912 Repayment of Repair and Demolition Fund vii 1997 ABATEMENT OF DANGEROUS BUILDINGS SECTION 101 -- TITLE These regulations shall be known as the Uniform Code for the Abatement of Dangerous Buildings, may be cited as such, and will be referred to herein as "this code." SECTION 102 -- PURPOSE AND SCOPE 102.1 Purpose. It is the purpose of this code to provide a just, eq- hitable and practicable method, to be cumulative with and ia addi- tion to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or struc- tures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. lol lO3 Chapter I _- TITLE AND SCOPE ~; .-" The purpose of th/s code is not to create or otherwise establish 6r designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. 102.2 Scope. The provisions of this code shall apply to all dan- gerous bu/ldings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction. SECTION 103 ~ ALTERATIONS, ADDITIONS AND REPAIRS All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Sec- tion 3403 of the Building Code. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 2 ENFORCEMENT SECTION 201 -- GENERAL 201.1 Administration. The building official is hereby autho- rized to enforce the provisions of this code. The building official shall have the power to render interpreta- tions of this code attd to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. 201.2 Inspections. The health officer, the fire marshal and the building official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code. 201.3 Right of_ Entry. When it is necessary to make an inspec- tion to enforce the provisions of this code, or when the building official or the building official's authorized representative has rea- sonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by thi~,~.ode, provided that if such building or premises be occupied that credentials be presented' to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other per- sons having charge or control of the building or premises and re- quest ~ntry. If entry is refused, the building official shall have recourse to the remedies provided by law to seCure entry. "Authorized representative" shall include the officers named in ' Section 201.2 and their authorized inspection personnel. SECTION 202 -- ABATEMENT OF DANGEROUS BUILDINGS All buildings Or portions thereof which are determined after in- spection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, · ' demolitton or removal in accord- ance with the procedure specified in Section 401 of this code. 201 205.2 SECTION 20S ~ BOARD OF APPEALS 205.1 General. In order to hear and decide appeals of orders, de- cisions or detenuinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters per- taining to building coustructioa and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be ap- pointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its busi- ness and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained ia Section 501 of this code. Copies of all roles or regula- tions adopted by the board shall be delivered to the building offi- cial, who shall make them freely accessible to the public. 205.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative prov].'sions of this code nor shall the board be empowered to waive requrrements of this code. SECTION 204 -- INSPECTION OF WORK All buildings or structures within the scope of this code and ail construction or work for which a permit is required shall be sub- ject to inspection by the building official in accordance with and ia the manner provided by this code and Sections 108 and 1701 of the Building Code. SECTION 203 -- VIOLATIONS It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or struc- ture or cause or permit the Same to be done in violation of this code. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 3 DEFINITIONS SECTION 301 -- GENERAL For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as spec/fled in either this chap- ter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary ac- cepted meanings within the context with which they used. ebster s Thtrd New Internattonal Dtcttonary of the English Lan- .guage, Unabridged, copyright 1986, shall be construed as provid- mg ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the mas- culine. BUII,BING CODE is the Uniform Building Code promul- gated by the International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUII,IHNG is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated ,by ~.e ~te. rn.a. tional Conference of Building Officials, as ado.ted oy .~lls jurlsmction. , - SECTION 302 -- DANGEROUS BUILDING For the purpose of thi~ code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such condi- tions or defects exist to ,the extent that the life, health, property or safety of the public or its occupants are endangered. 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe ic. and adequate means of exit in case of fire or pan- 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or .othemrise unsafe as to not provide safe and adequate means of exit m Case of fire or panic. 3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the rninimllm requirements of the Building structure, purpose or location.C°de for new buildings of similar 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof is not of suffi- cient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of .similar structure, purpose or location without exceeding the work- mg stresses permitted in the Building Code for such buildings. 301 302 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that wails or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) hulty con- stmction; (iii) the removal, movement or instability of any portion .of the ground necessary for the purpose of supporting such build- rog; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or Completely collapse. 9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for winch it is being used· 10. Whenever the exterior wails or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 11. whenever the building or structure, exclusive of the foun- dation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterio- ration, of its nonsuppOrting members, enclosing or outside walls or coverings. 12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing un_ lawful or immoral acts. 13. whenever any building or structure has been constructed, crests or rs maintained m vtolation of any specific requirement or proinbition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 14. Whenever any building or structure winch, whether or not .erected in accordance with all applicable laws and ordinances, has m .any nonsupporting part, member or portion less than 50 percent, or m any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the Same location. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because o ..... · · . r maaequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is deter- mined by the health officer to be unsanitary, unfit for human habi- tation or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inadequate exi.' .ts, lack of sufficient fire-resistive construction, faulty electric wu'rog, gas connections or heating apparatus, or other cause, is de- termined by the fire marshal to be a fire hazard. 17. Whenever any building or ~tmcture is ia such a condition as pubic nu anceto the ce on law or in eq- y junsprnoence. 18. WheneVer any portion of a building o~ structure remains on a site after the demolition or destruction of-the building or-struc- ture or whenever any building or structure is abandoned for a peri- od in excess of six months so as to constitute such building or portion thereof an attractive nuisance ~/h~d to the public. 1997 ABATEMENT OF DANGEROUS BUILDINGS 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 4 ~-~TICES AND ORDERS OF BUILDING OFFICIAL SECTION 401 -- GENERAL 401.1 Commencement of Proceedings. When the building of- ficial has inspected or caused to be inspect6d any building and h. as found and determined that such building is a dangerous b:uilding, the building official shall commence proceedings to cause the re- pair, vacation or demolition of the building. 401.2 Notice and Order. The building official shall issue a no- tice and order directed to the record owner of the building. The no- tice and order shall contain: 1. The street address and a legal description sufficient for iden- tification of the premises upon which the building is located. 2. A statement that the building official has fdund the building to be dangerous with a brief and concise description of the condi- tions found to render the building dangerous under the provisions of Section 302 of this code. 3. -A statement of the action required to be taken as determined by the building official. 3.1 If the building official has determined that the building or structure must be repaired, the order shall require that "" all required permits be secured therefor and the work physically commenced within such time (not to exceed .60 days from the date of the order) and COmpleted with- m such time as the building official shall determine is reasonable under all of the circumstances. 3.2 If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable. 3.3 If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all re- quired permits be secured therefor within 60 days from the date of the order; and that the demolition be com- pleted within such time as the building official shall de- termine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation also being required) is not COmmenced within the time specified, the buildiag official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its OWner. $. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the board of ap- peals, provided the appeal is made in writing as provided in this code and filed with the building official within 30 days from the date of service of such notice and order; and (ii) that failure to a - peal will constitute a waiver of all ri~- .......... P .. ...... &ut [u an aomlmstrative near- mg ana aetermmaaun ot the matter. 401.3 Service of Notice and Order. The notice and order, and any amended or supplemental notice and Order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the 401 403 building offidial or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encum- brance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the l~nd on which it is located. The failure of the build- ing official to sei-~ ~ny person required herein to be served shall not invalidat~ afiy proceedingS' hereunder as to any Other person duly served or relieve any Such pers0ft from any duty or obligation imposed by the provisions of this section. 401.4 Method of Service. Sen/ce of the notice and order shall be made upon all persons entered thereto either personally or b mailing a COl~~, of such notice and order by certified mail, postagey prepaid, return receipt requested, to each suck person a~ their ed- dress a~ it appears on the last equalized as~/~s~eat roll of the county or as known to the building official, ff no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so marled, addressed to such p~rson, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not af- fect the validity of any proceedings taken under this section. Serv- ice by certified mail in the manner herein provided shall be effective on the date of mailing. 401.5 Proof of Service. Proof of service of the notice and order shall be certified to at the time of sen/ce by a written declaration under penalty of perjury executed by the persons effecting serv- ice, declaring the time, date and maun~r in which sen/ce was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official. SECTION 402 ~ RECORDATION OF NOTICE AND ORDER If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a cer- tificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so noti- fied. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county re- corder certifying that the building has ~een demolished or all quired corrections have been made so that the building is no longer dangerous, whichever is appropriate. SECTION 403 ~ REPAIR, VACATION AND DEMOLITION The following standards shall be followed by the building official (and. by the board of appeals if an appeal is taken) in ordering the report, vacation or demolition of any dangerous building or struc- ture: 1. Any building declared a dangerous building under thia code shall be made to comply with one of the following: 1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or 1.2 The building shall be demolished at the option of the building oWner; or 403 404.2 1.3 If the building does not constitute an immediate danger to the life, limb, property or s_afetT'of the publiKi~ may be vacated, secured and maintaified against efltfy. 2. If the building or structure is in suclveondition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. SECTION 404 -- NOTICE TO VACATE 404.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 401.3, be posted at or upon each exit of the building and'shall be in'subSt~lly the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official ...... ;of ....... 1997 ABATEMENT OF DANGERoUs B OILDINGS 404.2 Compliance. Whenever such no'}ce is posted, the build- ing official shall includ~ a [lotificatiun thereof in the notice and -~': · order issued Under Sedtion 401.2, reciting the emergency and specifying th6 conditions which necessitate the posting. No per- son shall remain in or entel any building which has been so posted, except that entry may be made to repair, demolish or re- move such building under permit. No person shall remove or de- face any such notice aft~ i~ is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursgant to the provisions of the Building Code. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 5 APPEAL SECTION 501 -- GENERAL 501.1 Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal containing: 1. A heading in the words: "Before the board of appeals of the .......... of ......... " 2. A caption reading: "Appeal of ..... ,, names of all appellants participating in the ~pe~l'. ' giving the 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the re- lief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their 'official mailing addresses. 7. The verification (by declaration under penalty ofperjury) of at least one appellant as to the troth of the matters stated in the ap- peal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provide4, ~ however, that if the building or stxucture is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be fi/ed within 10 days from the date of the service of the notice and order of the building official. 501 504 501.2 Processing of Appeal. Upon receipt of any appeal f~ed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. 501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the board of ap- peals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be less than 10 days nor more than 60 days from the date the appeal was fi/ed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hear/ne to each appellant by the secretary of the board either by causing ~ copy of such notice to be delivered to the appellant personally or by mail- ing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. SECTION 502 ~ EFFECT OF FAILURE TO APPEAL' Failure of any person to file an appeal in accordance with the pro- visions of Section 501 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. SECTION 503 ~ SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. SECTION 504 ~ STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 404, en- forcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. 1997 ABATEMENT OF DANGERous BUILDINGS Chapter 6 ' -- PRO~'EDURES-FOR CONDt3CT OF HEARING APPEALS SECTION 601 -- GENERAL 601.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing exal~ners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision. 601.2 Record. A record of [he en~e proceedings shall be made by tape recording ~rby ~my 6ther m~a~S o~ IJem~aaant recording determined t6 be appr6pri~ie by the board. 601 604.7.2 things in possession or under control. A subpoena need not be i~- sued when the affidavit is defective in any particulm'. 603.2 Cases Referred to Examiner. In cases where a hearing is referred to aa examiner, all subpoenas shall be obtained through the examiner. 03.3 PenaltieS. Any person who refuses without lawful excuse to attend ~y.li~aring or to produce material evidence which.the person possesses or controls as r6 uired b unnn nneh'h~'"-~'~ )' .. . --q Y anY subpoena served -r ....... e~rson as prowaed for herein shall be guilty of a misde- 601.3 Reporting. The proceedings at ,the hearing ~hall also be reported b~ :a 'ph~nogra~hic reporter .if~requeste~ by aayl party thereto. A trans .c~ipi ~f.the proceedings shal~ be made available to all parties aima ~uest 'and up°n paYment of the f~e resctibed t_.h.~r_~f?r. Such, fe~ may. he established by the board, buiPshall in .n ~v=m oe greater man.th0~cost involved. ---- SECTION 6~'~. COl~i.~ 0P HEARING * *'*' '"': am at ru~.,~, r.,gl~ ,ch, g tp exadcuce and witnesses. 601.4 Continuances. Th~ board may grant continuances for 604~. Oral Evidence. Oral evidenoe ghall be taken ' good cause shoWn libw¢~/ei;, wh~h'd he~;~~:~:.~'~.' .~: ~ ~ or amrmation only on oath , s!.gned to such hearing, no continuances fllay b~'",,*in~-~ ~--' ~' ,~,i ......... .. '- oy me examiner for good cause shown s~ ~-- ~' ~u ~x~p[ ?,~.o ttearsay ~:wde~. Hea~sav,~,iden main~ befor,, *~, ..... ;- ~ "~"s as me matter re- the purpose of stint,lea^an-' .~/,~ .~. ,~,~y u~ nsea Ior -*,r- ~' .... ~er. rz- ~u.u or ' talllin · ' - '" ~ ' t ...... ' [g . ¢xp g any direct credence . bp shall not be S~e 601.5 'Oa~: '"ertifiCatioi~' r,, ...... · ,.~ , '. Would be admi~sihtg n~e~t ~!?~.lf.to..Sup. p.o..? ~ finding unless it ~ ,~ .. ,~ g.uj pzuceecllllgs under this c~ --:-:'"'~/°°JeeU0nmclVaaetionsincouttsof ,chapter, ~e bofi~d, .~, b0a~! m~mbor, or the h~O exo.~-6; mpetent junsdretion in. thi~'sta[e ' ~ :~ · [o omaal acts. . .. :, . . ~ ~u ~o cermy ~_~o_~.~.~m~..or Endence. Any relevant evidence shall .~ . . ,-.~,~ ~. ..... . ~tyl~O ence on which res ~ ' .601.6 ReasOnable Dispatch The 'board and It- - ... .... sons are accustomed to rely in th,~ ,~,,a, ~- ~ pons~ib!e per. sn · '. --- --~ re resenmtives ~ allproccedvnthreasonabledisnatcht,,o.~;~.,,..., ~-[P.. ., ~,~ g~dless of the emstence of any ,'nm ' - - ' ' Iore it. r~ ....... .~ _k_,, t , r. _~ ,.~avtuue any matter ne- wh;oh ~;nh+ --~I._ · .-.- :--~j _~,?mon.law or statute rule sitv of ~-f~,~]s,~u ~ e.e anown mr the convenience and neces- --~. ~.~ ,r?, ~. ~..= ~prop?r the admiss,on of such eviden~Ye o -- - --~ r-,es or meu representatives. .o, bjecaon m cqvil actions m courts of competent i 'sdleti,~}v'er this state. _ ~un ...... m SECTION 602 ~ FORM OF NOTICE OF HEARING The notice to appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before (the board of appeals or name of hearing examiner) at ........... on the ........... 19 ....... , at the hour day of . . '. ........ , ......... , upon the not,ce and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You 'may present any relevant evidence and will be given full opportunity to cross-ex- amine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the pr~luctinn of books, documents or Other things by filing an affidavit therefor with (board an:finer)." of appeals or name of hearing ex- SECTION 603 ~ SUBPOENAS 603.1 Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of wit- nesses or the production of other evidence at a hearing upon the request of a member of the board or Upon the written demand of any party. The issuance and service of such subpoena shall be ob- tained upon the filing of.an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired 604.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. 604.6 R/ghts of Parties. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross-examine opposing witnesses on any matter rele- vant to the issues of the hearing; 4. To impeach any witness regardless of which party first called the witness to testify; 5. To rebut the evidence; and 6. To be represented by anyone who is lawfully permitted to do SO. 604.7 Official Notice. 604.7.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fac~'which may be judicially noticed by the courts of this state or of official records of the board or depart- ments and ordinances of the city or rules and regulations of the board. 604.7-2 Parties to be notified. Parties present at the heating shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended there- to... 604.7.3 605.8 604.7.30pportt~ity to refute. Parties present at the hearing shall be given a reasonable opportuni~y~on request, to refute the officially noticed matters by evidence 6t by written or oral presen- tation of authority, the manner of su~_h, re~f~_tBtion to be determined by the board or hearing examiner. 604.7.4 Inspection Of the premises. The board or the hearing examiner may inspect any building or premises involved ia the appeal daring the course of the hearing~provided that (i) notice of such inspection shalLbe given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present dur- [ag the inspection, and (iii) the board or the hearing examiner shall state for-the record updn comPletion of th~ ihsp~cti6n the' mfft~rial facts observed and the coffclU§i6nsdra~ti-therefrom. Each Pa!3'Y then sh~ll have a'right t6 rebut.or explain the matters so started by the board or hearifig SECTION 605 -- METHOD AND F~.,M~ OF .D,.ECISION ~ 605.1 Itearing before Board Itself. When a cqntested ca.se heard before/he board 'itself; a membef thereof Wh6 did aof'liea~ the evidence or has not read the entire record Of/h~ p~oC~edings shall not vote on or take part ia the decisiQla. 605.2 Hearing before Examiner. ff a contested case is heard by a hearing eXamin.' er. alone, ~ee,xamiper.shall wi. ~th~_ a reasonable time (no~ to exc~d 90 days f:r9m th~ ~,d~.te/he&~ihg is closed) submit~A.wriiten report tO. ~ b6~trd. Sugh report :a~lall.contaih a brief snmmaly of the 'evid6nce considered a~d state the gc~ramin- er~s findings, c~nclusiims 'and re'com~meadatlons. The ~eport also shall contain a proposed decision in such form that it may be ad- opted by the board as its decision in the case: 3ti' gxaminer's ports filed V/ith the board ~aall be matters o~ public record. A copy of each such report aadl~wposed decision shall be mailed to each party on the date they are filed witi~,the board. 1997 ABATEMENT OF DANGEROUS RUILDINGS 605~3 ~0nsideration of Report by Board--Notice. The board shgll fix the time, ~ate and place to .consider the examiner's report--' and'~roi~§dd deci~i0n. Notice' th~o~'~shall be mailed to each in- terested party not less than five days prior to the date fixed, unless it is othenvise stipulated by all of the parties. 605.4 Exceptions to Report, Not later than two days before the date set to consider the report, .any party may file written'eXcep- tions to any part or all of the examiner's report and may ~/ttach thereto a proposed decision together with written argument in support of such decision. By leave 6f the board, any party may present oral argument to the board. 605.5 DispOsition by the Boafit. The board may adopt or reject the proposed decision'ih its ent//bty, or niay modify/he proposed decision. 605.6 PrOpd~ed~Decisioia Not Adol~'ted. If teh. e proposed deci- sion is not'adopted 'hS provided ~ Sect/on 605.5; il~6:'b~ard may decide the ca~e upon the' ei/fke'rec3rd b~f0t'~ i~!:~/,ith .or Without taking additiona}'evidence, or may refer the gase to the same or another hearing e:/aminer to take ~tdditional eviden~.'If the gase is reassigned to a heating examiner/the ex~/miher shalI prepare a report and proposed decision as provided i~ Section 605 2 hereof after any add.i,~on~/1 e~de~nC, e l~ ~i~lbnutted Consideration of such proposed demslon ~y ~g ~oard ~ha~l~ cqmply vath the prov~saons of this section. 605.7 Form of Decision. The decision shall be in writing and shall contain findings o.~ fact, a determination ~f the issues pre- santed, and the requ~em~nts to be complied 9¢/th. A copy of the ~ecisi~n. Sh~all b~ dellver~d to th~ appellant persbn.ally pr ~ent by certified mail; postage ~repaid, 'i~etum Yeceipt teq~/ested. 605.8 Effective Date of Decision. The effective~ date of the de- ci~[on shall be as statpd therein. 12 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 7 ~ ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL _.. _- OR THE BOARD OF APPEALS SECTION 701 -- COMPLIANCE 701.1 General. After any order of the building official or the board of appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, ne- glect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. 701.2 Failure to Obey Order. fi, after any order of the building official or board of appeals made pursuant to this code has be- come final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Section 701.1 or (ii) in- stitute any appropriate action to abate such building as a public nuisance. 701.3 Failure to Commence Work. Whenever the required re- pair or demolition is not commenced within 30 days after any fi- nal notice and order issued under this code becomes effective: 1. The building official shall cause the building described in such notice and order to be vacated by posting at each entrance t.h, eseto a notice reading: DANGEROUS BUILDING DO NOT OCCUPy It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official ....... of ....... ' 2. No person shall occupy any building which has been posted aa specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal or- dered by the building official have been completed and a certifi- cate of occupancy issued pursuant to the provisions of the Building Code. 3. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dan- gemus as set forth in the notice and order; or, if the notice and or- 701 703 der required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demo- lition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall · ly entitled thereto, be pa~d over to the person or persons lawful- SECTION 702 ~ EXTENSION OF TIME TO PERFORM WORK Upon receipt of an application from the person requked to con- form to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building officnal determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not ia any way affect the time to appeal the no- tice and order. SECTION 703 ~ INTERFERENCE WITH REPAIR OR DEMOLITION WORK PROHIBITED No person shall obstruct, impede or interfere with any officer, em- ployee, contractor or authorized representative of thin jurisdiction or with any person who owns or holds any e~tate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such ' ' building has been lawfully sold pursant to the provisions of this code, whenever such officer, employee, contractor or autho- rized representative of this jurisdiction, person having an interest or e~tate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursant to the provisions of this code, or in per- u or infected pursant to this code. 13 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 8 ~ PERFORMANCE OF WORK OF REPAIR OR DEMOLITION SECTION 801 -- GENERAL 801.1 Procedure. When any work of repair or demolition is to be done pursuant to Section 701.3, Item 3, of this code, the build- lng official shall issue an order therefor to the director of public works and the work shall be accomplished by personnel of this ju- risdiction or by private contract under the direction of said direc- tor. Plans and specifications therefor may be prepared by said direc, tor, or the director may employ such architectural and engi- neering assistance on a contract basis as deemed reasonably nec- essary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. 801.2 Costs. The cost of such work shall be paid from the repair :n__d. de~,m, olition ,fired., an, d ,may be made a special assessment gums[ me proper~ mvolveu, or may be made a personal obliga- tion of the property owner, whichever the legislative body of this jurisdiction shall dete~rnine is appropriate. 801 802.2 SECTION 802 -- REPAIR AND DEMOLITION FUND 802.1 General. The legislative body of this jurisdiction shall es. tablish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the director of public works to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. 802.2 Maintenance of Fund. The legislative body may at any time transfer to the repair and demolition fund, out of any money in the general fund of this jurisdiction, such sums as it may deem necessary in order to expedite the performance of the work of re- pair or demolition, and any sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter Provided for shali be paid to the treasurer of this Jurisdiction who shall credit the same to the repair and demolition fund. 15 1997 ABATEMENT OF DANGEROUS BU LD NGS Chapter 9 -~ RECOVERY 0~= COST OF REPAIR OR DEMOLITION SECTION 901 -- ACCOUNT OF EXPENSE, FILING OF REPORT The director of public works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 701.3, Item 3, of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the clerk of this jurisdiction a report specifying the Work done, the ite~d and total cost of the work, a description of the real ~r6pe~ ~ipoii which the building or structure is or was located, and the names and addresses of the persons entitled to notice pttrsUant'to Se~0n 401.3. SECTION 902 -- NOTICE OF HEARING Upon receipt of said report, the clerk of this jurisdiction shall pre- sent it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections there- ,t..o;,The clerk of this jurisdiction shall cause notice of said hearing i~6 be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the clerk. Such notice shall be given at least 10 days prior to the date set for the hearing and shall specify the day, hoar and place when the legislative body will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. SECTION 903 -- PROTESTS AND OBJECTIONS Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jm~diction at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protest or objection the date of re- ceipt. The clerk shall present such protests or objections to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered. SECTION 904 m HEARING OF PROTESTS Upon thc day and hour fixed for the hearing, the legislative body of this jurisdiction shall hear and pass upon the report of the direc- tor together with 'any such objections or protests. The legialative body may make such revision, correction or modification in the report or the charge as it may deem just; and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legisla- tive body of this jurisdiction on the report and the charge, and on all protests or objections, shall be final and conclusive. 901 909 SECTION 905 ~ PERSONAL OBLIGATION OR SPECIAL ASSESSMENT 905.1 Gene~. The legislative body of this jurisdiction may thereupon Order that said charge Shall be made a personal obliga- tion of the property owner or assess said charge agalnat the prop- erty involved. ' .9.05.2 perSonal Obligation. If the legislative body of this juris- diction orders that the charge shall be a personal obligation of the "property own~r~ it shall ~ect the attorney for this jurisdiction to collect the ~b~ bi~lf'~' :"' ' ~ ....... Priate legal remedies, f thij jurisdiction by use oft!! ~ppm- 905.3 Special+Assessment. ff the legislative body of this jutis- diction ord~i,s that-the cha~ge Shall be assessed again§t the proper- ty, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall con~ stitute a special 'assessment against and a lien upon the property. SECTION 906 ~ CONTEST The validity of any assessment made under the provisions of this ;h~_ pter shall not be con!est.e.d.in any action or proceeding unless e same ~s commenceo vathin 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be per- fected within 30 days after the entry of such judgment. SECTION 907 ~ AUTHORITY FOR INSTALLMENT PAYMENT OF ASSESSMENTS WITH INTEREST The legislative body of this jurisdiction, in its discretion, may de- termine that assessments in amounts of $500.00 or more shall be payable in not to exceed five equal anmlal installme, nts. The legis- lative body's determination to allow payment of such assess- ments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. SECTION 908 ~ LIEN OF ASSESSMENT 908.1 Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assess- ments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. 908.2 Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall be- come delinquent and shall bear interest at the rate of 7 percent per annum from and after said date. SECTION 909 m REPORT TO ASSESSOR AND TAX COLLECTOR: ADDITION OF ASSESSMENT TO TAX BILL After confirmation of the report, certified copies of thc assess- . merit shall be given to the assessor and the tax collector for this 17 909 912 jurisdiction, who ~hall add the amount of the assessment to the next regular tax bill levied against the ?~rcel for municipal pur- poses. ' ': · SECTION 910 -? FILING COPY OF REPORT WITH COUNTY AUDITOR If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shah be filed with the county auditor on or before Au- gust 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. SECTION 911 m COLLECTION OF ASSESSMENT: PENALTIES FOR FORECLOSURE The amount of the assessment shall be collected at the same-time and in the same manner as ordinary property taxes are collected 1997 ABATEMENT OF DANGE~dUs BUILDINGS and shall be subject to the same penalties and procedure and sale, '; ia case of delinquency as provided for ordinary property taxe§~-' All laws applicable to ihe levy, collection and enforcement of property taxes shall be applicable to such assessment. If the legislative body: of this jurisdiction has determined that the assessment shall be paid ha installments, each installment and any interest thereon shall be collected ia the same manner as ordi- nary property taxes in successive years. If any installment is de- lthquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary propXerty taxes, SECTION 912 -- REPAYMENT OF REPAIR AND DEMOLITION FUND All money recov~re,~by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the re- pair and demolition fund. 18 UPDATED December t4, 2004 LOS ANGELES H O IViE! ESS SERVICES AUTHORITY ATTACHMENT #12 2004. 2005 WINTER SHELTER PROGRAM Shelter Locations and Transportation Schedule PROGRAM BEGINS WEDNESDAY DECEMBER 1et 2004 From December 1, 2004 through March 15, 2005, selected community non-profit homeless services providers will provide temporary nightly shelter to homeless persons in Los Angeles County. Those in need of emergency shelter are encouraged to go directly to one of the listed pick- up points for free transportation, rather than the site address, unless otherwise indicated. Most shelters will open at approximately 5:00 PM. For up-to-the-hour information about the Shelters, includng changes in pick-up sites, shelter locations and shelter closures, please cat'. Shelter Hotline Phone: 1-800-548-6047 TDD: 1-800-660-4026 (For the deaf and hearing disabled) Internet Website Address: www. lahsa.org *Information contained in this document is subject to change. UPDATED December t4, 2004 Service Planning Area: I Catholic Charities 44611 Yucca Avenue, Lancaster Transportation Pick-up Point: _A_._qt_~o_pe Valley Access Cariter Pic~-up Address; Time; 45134 N, Sierra H~h,~y, Lancaster, CA 935:~ i ~,'~:~-I~, Menta Health Association 43-~23 BivCsion, Lancas[er CA 9~35 F~-~ Depa~ent of Ment~ Health 349 E. Avenue K-6, Lance[er, CA 93535 ~ 3:55 4:20 P.M. Service Planning Area: 2 ; (818) 3§1-5460 ! L.A. Family Housing Corp.. 7843 Lankershim Blvd., North Hollywood or , ................. ~ ........................ ~ . ~tension 176 F~an~re"eP°~tdlon ~ick-up PointL__' I P~k-.p Ac[dress: _ Ti~e: ...... NWs Blvd. & Aetna S~reei T~an Nuys Bvd & A~tn~E~oc~ o~:q~i" ~;3-~'5~ ~:~ ~- Glendae YMCA i 220 E. Colorado Street, Glendale (818) 974-1193 [-Any Be' elin~ Bus S~o'p in G"--'en~d~l~ ~--B~-~'~a~~~-p~l~-~-i~el~F ...... ~:~ Service Planning Area: 3 NOTE: THE IURD PROJECT SERVES FAMILIES WITH CHILDREN. CLIENTS MUST GO TO PROJECT ACHIEVE ACCESS CENTER AT 11411 VALLEY BOULEVARD TO ACCESS SERVICES. Institute for Urban Research & _~velop~_. snt (IU_RD) ~Trafl ~porlafion Pick-up PoiM.: No trensportatien provided to this site. -- i F 11411 Valley Blvd., [] Monte i (626) 444-9000 I i NA NOTE: THE IURD PROJECT SERVES FAMILIES WITH CHILDREN. CLIENTS MUST GO TO PROJECT ACHIEVE ACCESS CENTER AT 2040 NORTH GAREY AVENUE TO ACCESS SERVICES. ' ! Inefitut~ for Un, an Research & 2040 N. Gamy Avenue. Pomona ~ (909) 598..5552 ! J : Bevelopment (IURD) I Tranaporlation Pick. up Poker* !' 1',1~ ~ansporta~-provi~:to this site. UPDATED December 14, 2004 East San Gabrie Vel ey Coalition Rotating Churches East San Gab[iai Valle i (626) 786-7185 Transco~alion PioK-Ul~L~ir¢. _bP_lek-up A~r~s' - ........ : Ti B~S ?~ g~rl~ ,_lu~ ~ar~g Lo~ ~ Mo~nla~ ¥1ew ~ Magnolia Av~. El ~onte CA ~ ~ ..... Second Bapli~ Church Parring Lot ~ 925 S Shamrock Ave., Mo~ro,~ CA ~ 5:35 P M. La Puent~ Park ........ j Corner Tempe & Glendora A~,e., I.a Puen[e, CA ! 5:15 P East Valley Heallh Clinics / ~l~dor~& W~lnu~,~'~e~C~a ~A- ~S~'P~ ' Home Depot Parking Lot ~ Nodh ~de of 10 Fme~y ~ Puen[e A~ ~ 5:45 P M. L_P_ono___na_Neighborhood Center 6l~ $._Park Avenue, Pomona i 'l'rensperlatior~ Pick-up Point: / Pick.,,p ~'eee: ....... Ti~7 [ Pomona DPSS - I ~irp~ex & H o~t Aven ua, Po rn~;~-~772-~', ............. L_Q_aremonl Transil Center ! 200 West 1,t Street, Clare~ T Service Planning Area: 4 NOTE: WALK. IN CLIENTS WILL NOT BE ACCEPTED AT NEW IMAGE. CLIENTS MUST GO TO THE FOLLOWING TRANSPORTATION PICK-UP POINTS TO ACCESS SERVICES. ~N_ew Image Erne~j.e~ncX Shelter 3804 Broadway Place, Los Angele~ [ (3~22_1-171t i ~,-~o. ,~k.~pi'7~: ............ f ~,_~_~_,~..,: -- ! ~ort--hwes-i-Cor. nar !nterseclion of Santa Monica and Tamarind, Ho~iywood !' Time:4:30 PM. ..... li Los An§etas Mission '~- 434 Wall S~reet, L~ Angel~, CA ~018 ~ 6:00 PM. ! I Downtown Drop. In-Ce nte; NOTE: THIS PF{OGRAM IS TARGETED TO HOMELESS YOUTH AGES 18-21. [__Co~nan_t ~se C_al_l~!; L N= Transport. etlon Provid~-c~i~Th.~s ~i[~- Time: NIA SRO Housing Corp. ! 403 E. 5th Sheet, Loa Angeles (213) 229.9658 ~Trjn epor~aflon Pick-u~ Point: t Piek.u~ A~i'e~: i Time: L No~Tr~ansporta[ion Provided to this site.~-- iLN:A -%_ ........ Proyecto Pastoral 171 $ Glees Street, Los An ales I 323 -- ~ .... --' .......g L! ~ a~.oo32 [-~-~-o ~Job for A FutureCe~--- .L109 w.. 14~ S~eet Los Ar:.. ~ ...... ~,~'~-15 ~- ..... ' ' ' ' I_'_: UPDATED December t4 2004 Service PienninLArea: 5 NOTE: WALK. IN CUENTS WILL NOT BE ACCEPTED Al' VOLUNTEERS OF AMERICA. CLIENTS MUST GO TO THE FOLL.OWING TRANSPOR_TrATION PICK-UP POINTS TO ACCESS SERV CES _Volunteers of America [ 10803 Culver Bird, Culver City i ~310~ 948 ~7~7 } NOT___~E: WALK. IN CLIENTS WiLL NOT BE ACCEPTED AT VOLUNTEERS OF AMERICA, CLIENTS MUST GO TO THE FOLLOWING TRANSPORTATION PICK-UP POINTS TO ACCESS SERVICES. I I I (310) 948-9702 I Volunteers of America -!' 1300 Federal Avenue. We~t L~s Angeles ,, , ,- ! Time: ~ uomer oT ~ar~ta ~,1onm a~d Sawtel e _1 Corner of Sa,qta M0-nica and ~awta e.~ ~-A~ ....... T~K.---~ ~,.~x~ ..... ............... ' ' . , · ~.00, 6.0~, 700 P.M. Sew'i~ Plannin~ Area: 6 ,NOTE: WALK - IN CLIENTS WILL NOT BE ACCEPTED AT MJB RECOVERY. CLIENTS MUST GO TO THE ~FOLLOWlNG TRANSPORTATION PICK-UP POINTS TO ACCESS SERVICES. !_~JB__R_ecove~y I_nc. j 11152-56 S. Main Street, Los Angeles ; {323) 777-2491 People Helping People 5701-5707 S. San Pedro Street, Los An_~ele$ L 3_(~. z32.Tg55 ._S..outh ?.ark _ Avalon &'--~l-'-, Street, Lo~es g0011 ~3:30, 4~P.M. DPSS ~ice -- 2?07 S. ~nd Avenue, Los An~ees 90007 ~.~"30 PM. NOT~: WALK. IN CLIENTS WILL NOT BE ACCEPTED AT NEW IMAGE. CLIENTS MUST GO TO THE FOLLOWING T~NSPORTATION PICK. UP POINTS TO ACCESS SERV CES j~ Imas[~ency ~helter .... ~ 38~ Broadly Place, Los An~e es : ~323) 23~ 1711 ~ .,r_~.,~, ~i:~, ,~: ~ ~;~:;~7~. - ..................... ~-=--, --""~ __~ : Waits L~or C~muni~/Act~, Commi~ee- ] ~6 E !~TM S~t, Los ~geles CA 900,59 {WLCAC) ' ' [ ............................ j ~3:0o Se~i~ Plannin~Area: 8 Newl~age '~ TO BE AN~UNOED - PLEASE CALL HOTLI~E FOR UPDATES. L Emer.qenc¥ Housinq & Services Proqr~m.~ Emergency Housing & Services programs, provide emergency housing, meals, some supportive services, and referrals to transitional and permanent housing. LAHSA funded Emergency Housing & Services service providers currently includes: Casa de Rosas, Inc, The Sunshine Mission for Women 2600 S. Hoover Street Los Angeles, CA 90007 Exec. Director: Stephen Knight (213) 747-7419 Program Description: Program provides 24-hr emergency housing, meals and supportive services including case management, benefits advocacy, life skills training, referrals to other supportive services and referrals to transitional and permanent housing. Target Population is single women over the age of 18. Catholic Charities of Los Angeles, Inc, Good Shepherd Center Languille Emergency Shelter 267 N. Belmont Ave Los Angeles, CA 90026 Exec. Director: Monsignior Gregory Cox (213) 251-3464 Program Description: Provides six weeks of emergency shelter to its clients. Clients are served three complete meals and three snacks seven days a week. Program also offers supportive services to encourage their transition to independence and well being. Covenant House California Covenant House California Crisis Center 1325 N. Western Ave. Los Angeles, CA 90027 Exec. Director: George Lozano (323) 461-3131 Program Description: Emergency Shelter and Supportive services for youth ranging in age from 18 to 24 years of age. Residents access psychological and psychiatric assessments/intervention, Substance abuse intervention, HIV/AIDS education and support, life skills and vocational training and job and permanent housing placement. Faithful Services Outreach Emergency Shelter Program 1412/1414 W. 37th Drive Los Angeles CA 90018 Exec. Director: Isam Taylor (323) 735-7162 Program Description: Provides 24-hr emergency housing, meals and supportive services including case management, benefits advocacy, life skills training, parenting and nutrition classes, transportation, financial management, counseling and referrals to other supportive services and referrals to transitional and permanent housing. Target Population includes women, children and pregnant women. Family Shelter Program 663 W. 10th Street San Pedro CA 90731 Exec. Director: Tahia Hayslet (310) 831-0603 Program Description: Provides emergency shelter for homeless families including intensive case management services, job training, life skills workshops, after school activities and homework assistance for children and the development of a personal savings trust to facilitate the family's move to independent housing. Medical, mental health, dental and optical care are provided through partnerships with physicians, dentists, mental health professionals and the Jules Stein Eye Institute who treat shelter clients free of charge. Henderson Community Center Individuals 2004 911 E. 25th Street Los Angeles, CA 90011 Exec. Director: Kathy McCullom (213) 748-2174 Program Description: Program provides emergency housing for individuals, including veteran and elderly as well as families. It also provides meals and supportive services including case management, employment training, benefits advocacy, life skills training, referrals to other supportive services and referrals. Jovenes, Inc. La Posada 1320 Pleasant Ave. Los Angeles, CA 90033 Exec. Director: Richard EstradaI (213)346-0123 Program Description: Provides six beds of emergency shelter and services to homeless youth, ages 18-24. L.A. House of Ruth House of Ruth Emergency Shelter 605 N. Cummings St. Los Angeles, CA 90033 Exec. Director: Jennifer Gaeta (323)266-4139 Program Description: Provides emergency shelter and services for women and their children. The program will provide intake, needs assessment, develop individual services plan, on and off site supportive services, budget management, child care assistance, and job assistance. L.A. Youth Network Gower Shelter 1550 N. Gower Street Los Angeles, CA 90028 Exec. Director: Elizabeth Gomez (323) 467-1932 Program Description: Emergency shelter with 20 beds for homeless young adults ages 12-17. Offers street outreach and emergency shelter to youth on street or from drop-in center. Services include: Job development, Education/Tutoring, group programs and risk reduction program. LA Family Housing Comunidad Cesar Chavez Family Shelter 207 N. Breed Street Los Angeles CA 90033 Exec. Director: David Grunwald (818) 982-4091 Program Description: Communidad Cesear Chavez can serve approximately 6 families with general needs (consisting of 19 beds) at any given point in time. Families will be provided with up to 90-days of emergency shelter. Families residing at the shelter will receive supportive services including case management, child enrichment services, housing relocation assistance, employment assistance, security services, and follow-up case management. P.A.T.H. PATHways/Hollywood Emergency Housing Program 5627 Fernwood Avenue Los Angeles, CA 90028 Exec. Director: Joel John Roberts (323) 644-2200 Program Description: Provides 65 beds of emergency and services for homeless adults. Initially there will 30 beds at the PATHWays Hollywood site and 10 beds at the Regional Homeless Center. P.A.T.H. PATHWays Emergency Housing 2346 Cotner Ave. Los Angeles, CA 90064 Exec. Director: Joel John Roberts (323) 644-2200 Program Description: Provides 32 emergency beds to homeless men and women with stable mental health over the age of 18, including single parents with children between the ages of 4 and 18, and families. Prospective residents must be prepared to work FT and save money through personal banking program. Program provides job program, case management, life skills workshop, money management workshop and other meetings. P,A.T.H, PATHways Men 340 N. Madison Ave. Los Angeles, CA 90004 Exec. Director: Joel John Roberts (323) 644-2200 Program Description: Provides emergency shelter and services to men over the age of 18, with stable mental health, who are motivated to work FT and save through personal banking program. Services provided: Job center, case management, life skills workshop, money management workshop and 12-step meetings. Peace and Joy Care Center Acacia House of Peace and Joy Care Center Confidential Site Lynwood, CA Exec. Director: Wilma Wilson (310) 898-3115 Program Description: Provides 24-hr emergency housing, meals, supportive services and referrals to transitional and permanent housing. Single Room Occupancy Housing Corporation New Emergency Housing Program 403 E. 5th St. Los Angeles, CA 90013 Exec. Director: Anita Nelson (213) 229-9640 Program Description: Provides 84 emergency beds for homeless persons coming from places not meant for human habitation, such as cars, parks sidewalks, and abandoned buildings. Provide case management to encourage the service resistant population on "Skid Row" to enter the continuum of care. Skid Row Development Corporation Transition House 543 S. Crocker St. Los Angeles, CA 90046 Exec. Director: William Hill (213) 623-7130 Program Description: Provides 24-hr emergency housing, meals, supportive services and referrals to transitional and permanent housing Su Casa Family Crisis & Support Center Su Casa Family Crisis and Support Center Confidential Site Lakewood, CA Exec. Director: Gay McDaniel (562)421-8106 Program Description: Domestic violence shelter that provides 24-hr emergency housing, meals, supportive services and referrals to transitional and permanent housing. Clients typically stay 30 days or less. Testimonial Community Love Center Emergency Shelter Program 5721 S. Western Avenue Los Angeles, CA 90062 Exec. Director: J.B. Hackworth (323) 291-6753 Program Description: Program provides 24-hr emergency housing, meals and supportive services including case management, benefits advocacy, life skills training, referrals to other supportive services and referrals to transitional and permanent housing. Watts Labor Community Action Committee WLCAC Emergency Shelter for Women with Children 8501 S. San Pedro St Los Angeles CA 90003 Exec. Director: Timothy Watkins (323) 563-5639 Program Description: Program provides emergency shelter for women and children, meals and supportive services including case management services, life skills, transportation services, money management, child care, domestic violence and parenting classes, job training and placement, and referrals to transitional and permanent housing. Weingart Center Association LAHSA Emergency Seven 566 S. San Pedro St. Los Angeles, CA 90013 Exec. Director: John King (213) 627-9000 Program Description: Provides 24-hr emergency housing, meals, supportive services and referrals to transitional and permanent housing. Drop-In Center Proqrams Drop-In Centers accommodate hundreds of people each day, 24 hours a day, and seven days a week. The Centers typically provide immediate, emergency services including: respite beds, showers, storage, case management, and counseling. LAHSA funded Drop-In Center service providers currently includes: Harbor Interfaith Shelter FISH, The Emergency Food and Pantry and Advocacy 670 W. 9th Street San Pedro, CA 90731 Exec. Director: Tahia Hayslet (310) 831-0603 Program Description: The FISH Emergency Food Pantry & Advocacy Center program funded by LAHSA provides advocacy and referral services, assistance with transportation, the provision of food, and job search and placement services. These services are provided to participants of Harbor Interfaith's emergency and transitional shelter programs and to referrals from other emergency and transitional programs in the community. Special Services for Groups, Inc, South Central Drop-In Center 5715 S. Broadway Los Angeles, CA 90037 Exec. Director: Herbert Hatanaka (213) 553~1800 Program Description: Will provide supportive services to homeless dually diagnosed persons, having disabilities caused · by both mental illlness and substance abuse. Services provided include outreach, mental health and substance abuse, case management and life skills. Drop-In Center open 8 hours/day, five days a week. Volunteers of America of Los Angeles Downtown Drop-In Center 628 S. San Julian St. Los Angeles, CA 90014 Exec. Director: Bob Pratt (213) 389-1500 Program Description: Operates a 24-hr drop-in center for homeless persons living on Skid Row in Downtown Los Angeles, including respite 32 beds for no more than 8 hfs at a time per participant, showers and public restrooms, information and referral for other housing programs, and laundry facilities. Volunteers of America of Los Angeles Downtown Drop-In Center 628 S. San Julian St. Los Angeles, CA 90014 Exec. Director: Bob Pratt (213) 389-1500 Program Description: Operates a 24-hr drop-in center for homeless persons living on Skid Row in Downtown Los Angeles, including respite 32 beds for no more than 8 hrs at a time per participant, showers and public restrooms, information and referral for other housing programs, and laundry facilities. Job Development Programs Job Development programs provide supportive services to homeless persons as employment training and employment opportunities. Chrysalis Day Labor Program 516 S. Main St. Los Angeles CA 90013 Exec. Director: Adlai Wertman (213) 895-7777 Program Description: Employment training, which includes working in Chrysalis Streetworks program, cleaning streets in Central City East. Nei,qhborhood Revitalization Pro,qrams Neighborhood Revitalization program provides emergency housing, meals, supportive services and referrals to transitional and permanent housing Henderson Community Center 28 Shelter Beds for Women 911 E. 25th Street Los Angeles CA 90013 Exec. Director: Kathy McCullom (213) 748-2174 Program Description: Operates a transitional shelter that includes supportive services meals, clothing, counseling, case management, and referrals to transitional and permanent housing. LAMP Community, Inc. Safe Haven - 18 Shelter Beds/Public Toilets & Showers 627 S. San Julian Los Angeles CA 90014 Exec. Director: Mollie Lowery (213) 488-9559 Program Description: Provide a maximum of 18 shelter beds per night, provide case management, counseling, benefits advocacy, money management, and recovery services. Operate ~ublic showers and toilets. (Two distinct sites) Single Room Occupancy Housing Corporation Management and Maintenance of 17 SRO Hotels providing emergency, transitional, and permanent housing and Services in 2 public parks Multiple Sites Los Angeles CA 90013 Exec. Director: Anita Nelson (213) 229-9640 Program Description: Management of 15 SRO's in Downtown L.A. and two City parks in Skid Row. Services provided include: case management, information and referral, park security, hotel housekeeping and maintenance. Skid Row Development Corporation 22 Transition House/17 King Boulevard Apartments/Economic Development (Renaissance and Commercial Light Industrial Center) 543 S. Crocker Street Los Angeles CA 90013 Exec. Director: William Hill (213) 623-7130 Program Description: Provides 24-hr emergency housing, meals, supportive services and referrals to transitional and permanent housing. Weingart Center Association 25 Emergency Beds / 267 Transitional Beds 566 S. San Pedro Los Angeles CA 90013 Exec. Director: John King (213) 627-9000 Program Description: Transitional and emergency housing to homeless persons living in Central City East Los Angeles. Provide information and referral to clients to other agencies providing other kinds of services to the homeless. Outreach Teams Pro.qrams Outreach Teams provide supportive services to identify and address a homeless person's immediate needs and provide a link to ongoing support. In addition to the LAHSA Emergency Response Team, LAHSA funded Outreach Teams currently include: Institute for Urban Research & Development Project ACHIEVE - El Monte Street Outreach Team 11411 E. Valley Blvd. El Monte CA 91731 Exec. Director: Joe Colletti (818) 549-2221 Program Description: Program provides an expansion of the El Monte Community Services Center including a street outreach/intervention team and a substance abuse treatment program. Ocean Park Community Center Street Outreach Project (Night Light) 1453 16th Street Santa Monica CA 90404 Exec. Director: John Maced (310) 264-6646 Program Description: Supportive services that target homeless and runaway youth, ages 12-24, on the Westside of Los Angeles. Special Service for Groups, Inc. South Central Outreach Project 8836 S. Vermont Ave. Los Angeles CA 90044 Exec. Director: Herbert Hatanaka (213) 553-1800 Program Description: Provides outreach to homeless adults, between 18-60 years of age, living on the street, in a shelter or transitional housing facility. Permanent Supportive Housin.q Permanent Supportive Housing programs provide permanent housing for homeless persons, physical and/or persons with mental health disabilities. LAHSA funded Permanent Supportive Housing service providers currently include: A Community of Friends Gower Street Apartments 1140 N. Gower St. Los Angeles CA 90038 Exec. Director: Monique Lawshe (213) 480-0809 Program Description: Provides permanent, supportive housing to persons with disabilities. Housing units provided are efficiency apartments of varying sizes. Supportive services include case management, referral to job training, work experience and job placement through ACOF's "No Fail Vocational Program" and various social / recreational activities provided on and off site. A Community of Friends Figueroa Court 9130 S. Figueroa St. Los Angeles CA 90003 Exec. Director: Monique Lawshe (213) 480-0809 Program Description: Figueroa Court Apartments (a.k.a. The Ron & Odessa Cox Villas) provides 39 units of permanent supportive housing for homeless persons suffering from chronic mental illness. SHP funds pay for supportive services provided to the residents through ACOF's subcontractor "The Coalition of Mental Health Professionals" headed by Dr. Sandra Cox. A Community of Friends Amistad 2037 Lincoln Park Ave. Los Angeles CA 90031 Exec. Director: Monique Lawshe (213) 480-0809 Program Description: Amistad Apartments will provide 12 units of Permanent Supportive Housing in the Lincoln Heights area of Los Angeles for families with or without children where one adult in the family has a disability as defined by HUD. This contract consists of SHP capital funds which will be used for acquisition and administrative funds. A Community of Friends California Hotel 1134-1146 S. Pacific Ave. San Pedro CA 90731 Exec. Director: Monique Lawshe (213) 480-0809 Program Description: Provides 39 permanent housing units and supportive services for mentally disabled homeless adults. A Community of Friends Las Palomas Apartments 2201 E. 1st St. Los Angeles CA 90033 Exec. Director: Monique Lawshe (213) 480-0809 Program Description: The Las Palomas Apartments project provides 50 units of permanent supportive housing to homeless adults with single or multiple chronic disabilities. SHP supportive services funds pay for case management provided and operations funding pays for resident furnishings. A Community of Friends Cornerstone Apartments 14129-42 Calvert St. Los Angeles CA 91401 Exec. Director: Monique Lawshe (213) 480-0809 Program Description The Cornerstone Apartments being developed by A Community of Friends is a 36 unit building providing Permanent Supportive Housing to dually diagnosed persons with a chronic mental health disability and a history of substance abuse. SHP capital dollars are being used to fund a portion of the acquisition and rehabilitation of 12 of the 36 units. A Community of Friends Vista Nueva 124 Lafayette Park PI. Los Angeles CA 90057 Exec. Director: Monique Lawshe (213) 480-0809 Program Description: Provides 30 units of permanent supportive housing for homeless persons with a chronic disability and their children. A Community of Friends Fox Normandie Apartments 849 S. Normandie Ave. Los Angeles CA 90005 Exec. Director: Dora Leong Gallo (213) 480-0809 Program Description: Provides forty-eight (48) units of permanent housing for homeless persons with disabilities and/or multiple diagnoses. A Community of Friends Fedora Apartments 836 Fedora St. Los Angeles CA 90005 Exec. Director: Dora Leong Gallo (213) 480-0809 Program Description: Provides 22 units of permanent supportive housing to homeless persons with a disability and multiple diagnosis. A Community of Friends Brandon Apartments 733-735 Hartford Avenue Los Angeles CA 90010 Exec. Director: Monique Lawshe (213) 480-0809 Program Description: Brandon Apartments provides 32 units of permanent, service enriched housing for homeless single parent families with multiple diagnoses. The unit mix includes 24 one bedroom and 8 two bedroom apartments. SHP funding under this contract pays for the supportive services provided and administrative costs. Homes for Life Foundation Birch Grove Homes 11401 Bloomfield Ave., Bldg. 303 Norwalk CA 90650 Exec. Director: Carol Liess (310) 337-7417 Program Description: Provides supportive services to 20 persons in an existing permanent housing program for persons with disabilities. The Supportive Services include case management, life-skills training, money management, group therapy, clinical assessments, psychiatric and medication support, vocational rehabilitation and transportation services. Homes for Life Foundation Elm Street Homes 11401 Bloomfield Ave., Old Admin. Bldg. Norwalk CA 90650 Exec. Director: Carol Liess (310) 337-7417 Program Description: HFLF provides permanent housing to eight mentally ill persons in eight one-bedroom apartment style units. HFLF provides supportive services, which includes case management, life-skills training, money management, group therapy, clinical assessments, psychiatric and medication support, vocational rehabilitation and, transportation services. Garden Villas 5530 Klump Ave. Los Angeles CA 91601 Exec. Director: Carol Liess (310) 337-7417 Program Description: Provides supportive services to 19 persons in an existing permanent housing program for persons with disabilities. The Supportive Services include case management, life-skills training, money management, group therapy, clinical assessments, psychiatric and medication support, vocational rehabiJitation and transportation services. There are 23 units in all. Homes for Life Foundation Garden Villas 5530 Klump Ave. Los Angeles CA 91601 Exec. Director: Carol Liess (310) 337-7417 Program Description: Provides supportive services to 19 persons in an existing permanent housing program for persons with disabilities. The Supportive Services include case management, life-skills training, money management, group therapy, clinical assessments, psychiatric and medication support, vocational rehabilitation and transportation services. There are 23 units in all. Homes for Life Foundation Denker House scattered sites Norwalk CA Exec. Director: Carol Liess (310) 337-7417 Program Description: Provides supportive services to 54 persons in an existing permanent housing program for persons with disabilities. The Supportive Services include case management, life-skills training, money management, group therapy, clinical assessments, psychiatric and medication support, vocational rehabilitation and transportation services. Project New Hope The Hoover Apartments 962 South Hoover Los Angeles CA 90006 Exec. Director: Scott Figenshow (213) 251-8474 Program Description: Provides permanent housing to households with at least one adult HIV-positive member Skid Row Housing Trust Lincoln Hotel 549-551 Ceres Avenue Los Angeles CA 90013 Exec. Director: James Bonar, FAIA (213) 683-0522 Program Description: Provides permanent, service-enriched housing exclusively for 40 disabled homeless individuals living with HIV and AIDS. ,Recuperative Care & Housinq Proc~ramc Recuperative Care & Housing programs provides recuperative beds for homeless individuals who are too ill to be on the street but do not require hospitalization. JWCH Institute, Inc. A Recuperative Care Transition 566 S. San Pedro Los Angeles, CA 90013 Exec. Director: Ph~lis Paxton (213)484-1186 Program Description: Provides 20 recuperative beds for homeless individuals who are too ill to be on the street but do not require hospitalization. Services provided include assistance in obtaining public benefits, access to medical services and management of treatment regimen, and 6 months of aftercare services. Sul313ortive Services Only ProRram? Supportive Services Only programs assist homeless persons by treating the underlying causes of homeless with the ultimate goal of obtaining and maintaining permanent housing. Beyond Shelter Assistance for Homeless Families on Skid Row 506 S. Main St. Los Angeles CA 90013 Exec. Director: Tanya Tull (213) 252-0772 Program Description: Crisis intervention for families on Skid Row. Beyond Shelter Family Transition Program 3255Wilshire BI. Suite #815 Los Angeles, CA 90010 Exec. Director:TanyaTull (213)252-0772 Program Description: Provides housing placement and job training to homeless families. C.O,A.C.H, Foundation Cedar-Sinai Medical Center/C.O.A.C.H. for Kids (Mobile Medical Clinic) 545 S. San Pedro Street Los Angeles, CA 90013 Exec. Director: Elizabeth Smith (310) 423-9588 Program Description: The project provides medical services, case management and mental health services once a week at ninth Street School and once a month at Union Rescue Mission to children and their families. Children's Hospital of Los Angeles C.A.I.R. Project 5000 Sunset Blvd., 4th FI. Los Angeles CA 90027 Exec. Director: Susan Rabinovitz (323) 669-2503 Program Description: Provides immediate crisis intervention and ongoing counseling to homeless youth ages 12-24. Services provided include outreach and identification, referrals for psychiatric evaluation, medication, inpatient treatment, substance abuse services and outpatient counseling. Covenant House California Covenant House California Supportive Services 1325 N. Western Ave Los Angeles, CA 90027 Exec. Director: George Lozano (323) 461-3131 Program Description: Provide crisis intervention-food, clothing, transport, counseling and referral services. Case management services, intensive and through service coordination focusing on resolving the current crisis and accessing the support that will help ensure long-term stability. Los Angeles Veterans Initiative, Inc. Westside Residence Hall 733 S. Hindry Ave. Inglewood CA 90301 Exec. Director: Stephani Hardy (310) 348-7600 Program Description: This Supportive Services Only project provides outreach services to veterans in the community, and clinical case management, career center services, workforce development and counseling to homeless veterans in long term transitional housing. South Central Health and Rehabilitation Programs Homeless Outreach Services 5201 S. Vermont Ave. Los Angeles, CA 90037 Exec. Director: Reta Floyd (310) 631-8004 Program Description: Provides supportive services through an Outreach Team for homeless persons with multiple- diagnosis, severe mental illness, and substance use disorders. South Central Health and Rehabilitation Programs Supportive Services for Homeless Dually-Diagnosed Latino Adults 3221 N. Alameda Street, Suite J Compton CA 90222 Exec. Director: Reta Floyd (310) 631-8004 Program Description: Provides supportive services to homeless Latino adults in South Central Los Angeles who have concurrent disorders of mental illness and substance use. Services are specifically designed to meet the needs of this population with bilingual/bicultural staff. South Central Health and Rehabilitation Programs Oasis House Homeless Supportive Services 3221 N. Alameda Street, Suite G Compton, CA 90222 Exec. Director: Reta Floyd (310) 631-8004 Program Description: This project is to continue and expand supportive services in SPA 6 to homeless African Americans and Latinos who have a psychiatric disability. At least 65% of the population will have a dual diagnosis of a substance abuse disorder. Testimonial Community Love Center TCLC Training Center/Child Care 5721 S. Western Ave Los Angeles CA 90062 Exec. Director: J.B. Hackworth (323) 299-6570 Program Description: Program provides an evening employment training center and day care services for homeless families. DATE: January 18, 2005 TO: FROM: By: HONORABLE CHAIRMAN AND MEMBERS OF THE AGENCY HONORABLE MAYOR AND CITY COUNCILMEMBERS Joseph Wang, Interim Executive Director/Interim City Mana Louis Morales, Redevelopment Director Rita Manibusan, Redevelopment Assistant Subject: JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH TABZAC, LLC FOR THE DEVELOPMENT OF SiX RESIDENTIAL HOMES NEAR THE INTERSECTION OF MURIEL AVENUE AND LOUISE STREET Purpose: The Agency has selected Tabzac, LLC to purchase the Muriel Estates project and develop six (6) market-rate homes near the corner of Muriel Avenue and Louise Street. 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. Facts: See recommendation below. Analysis: See recommendation below. Recommendation: Staff members respectfully recommend that this item be continued to the regular meeting of the City Council and Redevelopment Agency on February 15, 2005. Attachments None PAGE 1 OF 1 DOCUMENT NAME: 12-07-04 STAFF REPORT AGENCY PUB HEARING TABZAC.doc AGENDA ITEM Date: To: From: Prepared By: Subject: January 18, 2005 Honorable Mayor and Members of the City Ct~uncil Joe Wang, Interim City Manager _~~ Jim Given, Director of Recreation~"~or6munity Services Review of the 2004 Christmas Posadas Program PURPOSE To provide the members of the City Council with an overview of the Christmas Posadas programming and provide the City Council with the opportunity to reimburse the various departmental accounts used to fund this activity from the unappropriated general fund balance. BACKGROUND This report is a follow-up to the 2004 Christmas Posada events. The City Council gave approval to conduct the four (4) Posadas presented at the regularly scheduled meeting of Tuesday December 7, 2004. In addition, the City Council authorized staff to provide support to any requests for Posadas that came to staff during the week following the meeting. The Council also authorized the expenditure of $15,000.00 for staff and logistical support for the Posadas as no funding was appropriated as a part of the adopted 2003-2005 Biennial budget. One (1) request for a Posada came to staff after the December 7, 2004 City Council Meeting. ANALYSIS The events took place at various locations through a span of eight (8) days beginning on th · Sunday, December 12 and ending on Saturday, December 18th. A committee made up of five (5) recreation staff members within the Department were given the task to take on the logistical aspects of coordinating each Posada. Each member was assigned to a Posada and directed to coordinate the needs of the event with their respective community group organizers and/or block watch members of those locations. Staff met with each of the site residents and reviewed their requests as identified on their application submitted to Council. Each Posada was provided with staff support, tables, chairs, and canopies as well as the needed rental equipment. Activities occurring at these Posadas included live DJ music, free food, and toys to children present at the event. Staff arranged for surprise visits from Santa at every location; candy stockings were given to children. Over 40-dozen stockings were distributed to children. FINANCIAL REPORT The following report reflects expenditures used to conduct five (5) Christmas Posadas for the following dates and locations. The Posada expenditures totaled to $5,572.93. 1 ) SUNDAY DECEMBER 12TM WRIGHT ROAD 2) THURSDAY DECEMBER 16TM FLOWER STREET 3) FRIDAY DECEMBER 17TM LUGO AVE 4) FRIDAY DECEMBER 17TM POPE AVE. 5) SATURDAY DECEMBER 18TM NORTON AVE. AGENDA ITEM Wright Road Event Staff (4) Natatorium staff @ $8.50 x 10/hrs (2) Sports Staff @ $8.13 x 4/hrs (Santa) $340.00 $65.04 01-4774-4105 01-4772-4105 Subtotal = $405.04 Equipment (1) Light Tower - No charge (staff was able to use equipment at no additional charge by utilizing the same lights used at the parade) City owned equipment (5) Pop-up canopies & (10) tables and (50) chairs - No charge Misc. Supplies (10 dz.) Christmas stockings $127.20 01-4774-4212 Total =$532.24 Lugo Ave. Event Staff 2 Youth Center Staff @ $8.13 x 6/hrs 3 Youth Center Staff @ $7.61 x 6/hrs 1 Youth Center Staff @ $10.50 x 6/hrs (4) Natatorium staff @ $8.50 x 6/hrs Equipment Rental (2) Light Towers- vendor: Associated Powers (2) Portables-vendor: American Classic (1) Three yard trash bins -vendor: Consolidated $ 97.56 $136.98 $ 63.00 $204.00 Subtotal= $501.64 $266.83 $285.00 $100.00 Subtotal: $651.83 Total = $1,153.47 01-4775-4105 01-4775-4105 01-4775-4105 01-4774-4105 01-4112-4220 01-4112-4220 01-4112-4220 Flower Street Stage Take-down (only) Public Works (2) laborer @ $20.00 x 4 hrs Public Works (1) GM @ $25.00 x4 hrs Event Staff 2 Youth Center Staff @ $10.50 x 6/hrs 1 Youth Center Staff @ $7.61 x 6/hrs $160.00 $1oo.oo Subtotal= $ 260.00 $126.00 $ 45.66 33-4776-4120 33-4776-4120 01-4775-4105 01-4775-4105 I Youth Center Staff @ $8.92 x 6/hrs I Youth Center staff @ $9.80 x 6/hrs (1) Natatorium staff @ $8.50 x 6/hrs Equipment Rental (2) Light Towers- vendor: Associated Powers (2) Portables-vendor: American Classic (1) Three yard trash bins -vendor: Consolidated Misc. Supplies (10 dz.) Christmas stockings $ 53.52 $ 58.8O $ 51.00 Subtotal = $334.98 $266.83 $190.00 $100.00 Subtotal= $556.83 $127.50 Total = $1,279.31 01-4784-4105 01-4784-4105 01-4774-4105 01-4112-4220 01-4112-4220 01-4112-4220 01-4774-4212 Pope Street Event Staff (2) Sports Staff @ $7.75 x 9/hrs Equipment Rental (2) Light Towers- vendor: Associated Powers (2) Portables-vendor: American Classic (1) Three yard trash bins -vendor: Consolidated Misc. Supplie. s. (10 dz.) Christmas stockings Subtotal = Subtotal = Total = $139.50 $139.50 $266.83 $190.00 $100.00 $556.83 $127.50 $ 823.83 01-4772-4105 01-4112-4220 01-4112-4220 01-4112-4220 01-4774-4212 Norton Ave. Stage Set-up/Take.down Public Works (2) laborer @ $20.00 x 8 hrs Public Works (1) GM @ $25.00 x 8 hrs Event Staff $320.00 $200.00 Subtotal= $520.00 (1) Youth Center Staff @ $10.50 x 9/hrs (2) Sports Staff @ $7.75 x 9/hrs (1) Natatorium Staff @ $8.50 x 5/hrs (2) Natatorium staff @ $8.50 x 9/hrs Equipment Rental (2) Light Towers- vendor: Associated Powers (2) Portables-vendor: American Classic (1) Three yard trash bins -vendor: Consolidated Misc. Supplies (10 dz.) Christmas stockings Subtotal = Subtotal = $ 94.50 $139.50 $ 42.50 $153.00 $429.50 $266.83 $190.00 $100.00 $556.83 $127.50 33-4776-4120 33-4776-4120 01-4775-4105 01-4772-4105 01-4774-4105 01-4774-4105 01-4112-4220 01-4112-4220 01-4112-4220 01-4774-4212 Total = $1,633.83 ACCOUNT SUMMARY 01- 4112-4220 $1,922.32 01- 4112-4220 $ 400.00 01- 4774-4212 $ 508.80 33-4776-4120 $ 780.00 01- 4774-4105 $ 790.50 01- 4775-4105 $ 563.70 01- 4784-4105 $ 112.32 01- 4772-4105 $ 344.04 PORTABLES & LIGHTS TRASH BINS CHRISTMAS STOCKINGS STAGE SET-UP/TAKE DOWN NATATORIUM STAFF YOUTH CENTER STAFF YOUTH CENTER STAFF SPORTS OFFICE STAFF TOTAL EXPENDITURES: $5,421.68 CONCLUSION/RECOMMENDATION Staff requests that the City Council approve the reimbursement of the various departments for costs associated with the support of the Christmas Posadas via the adoption of the attached resolution entitled; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REIMBURSING VARIOUS ACCOUNTS FOR EXPENSES IN AN AMOUNT TOTALING $5,422.00 INCURRED AS A PART OF THE PROVISION OF SUPPORT TO THE 2004 CHRISTMAS POSADAS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE. Recreatn\agenda items 2005~.004 posada financial report 1.16.05 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REIMBURSING VARIOUS ACCOUNTS FOR EXPENSES IN AN AMOUNT TOTALING $4,422.00 INCURRED AS A PART OF THE PROVISION OF SUPPORT TO THE 2004 CHRISTMAS POSADAS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE WHEREAS, the City Council of the City of Lynwood is desirous of providing support to wholesome, neighborhood-based local community activities; and WHEREAS, towards this end the City Council approved support to various neighborhood Christmas Posadas at their regularly scheduled meeting of December 7, 2004; and WHEREAS, funding in the amount of $15,000.00 was approved to provide support for the Christmas Posadas; and WHEREAS, this expenditure was not included as a part of the adopted 2003-2005 Biennial Budget; and WHEREAS, five (5) Christmas Posadas were conducted during the time period between Sunday December 12, 2004 and Saturday December 18, 2004; and WHEREAS, funds in the amount of $5,422.00 was expended in support of the Christmas Posadas. NOW THEREFORE, the City Codn~il of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. The Interim City Manager or his designee is authorized to carryout the necessary transactions as so ordered by this resolution. Section 2. That a funding appropriation in the amount of $5,422.00 be allocated from the unappropriated general fund balance as follows: TO ACCOUNT AMOUNT 01- 4112-4220 $1,922.00 01- 4112-4220 $ 400.00 01- 4774-4212 $ 509.00 33- 4776-4120 $ 780.00 01- 4774-4105 $ 791.00 01-4775-4105 $ 564.00 01-4784-4105 $ 112.00 01- 4772-4105 $ 344.00 Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, on this 18th day of January 2005. RAMON RODRIGUEZ, 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 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 18th day of January 2005, 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 18th day of January 2005 Andrea L. Hooper, City Clerk DATE: TO: FROM: BY: SUBJECT: January 18,2005 Honorable Mayor and City Council Members Joseph Y. Wang, Interim City Manager~r~ Gail L. Black, Personnel Officer ~.~___~ LIEBERT CASSIDY WHITMORE SPECIAL SERVICES AGREEMENT PURPOSE To have the City Council approve an Agreement for Special Services between the City and the law firm of Liebert Cassidy Whitmore. BACKGROUND In June, 2000 the City entered into an agreement for special services with the law firm for membership in the Southeast Los Angeles County Employment Relations Consortium. The agreement further provided the City access to Liebert Cassidy Whitmore's legal services pertaining to employment matters, including representation in negotiations and in administrative and City proceedings, as requested by the city. Effective February 1, 2005, the law fi,~ is increasing the billing rates. The top hourly rate for Partners for the 2005 year will increase from $240.00 to $250.00. The top hourly rate for Associates for the 2005 year will remain at $200.00. The top hourly rate for Of Counsel for the year 2005 will remain at $225.00. The top hourly rate for Paralegals for the 2005 year will remain at $95.00. Pursuant to Govemment Code Section 40602, the law firm is requesting a signed agreement by the Mayor. RECOMMENDATION That the City Council approve the resolution entitled, "A Resolution of the City Council of the City of Lynwood Approving the Special Services Agrccment Between the City of Lynwood and Liebert Cassidy Whitmore, a Professional Corporation, to Provide Legal Services to the City Regarding Employment Relations Matters." AGENDA ITEM 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE SPECIAL SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LIEBERT CASSlDY WHITMORE, A PROFESSIONAL CORPORATION, TO PROVIDE LEGAL SERVICES TO THE CITY REGARDING EMPLOYMENT RELATIONS MATTERS WHEREAS, the City desire to secure legal services pertaining to employment relations matters; and WHEREAS, the City of Lynwood has consulted with Liebert Cassidy Whitmore over the course of many years; and WHEREAS, the agreement will provide the City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and City proceedings, as requested by City or otherwise required by law. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, order and resolve as follows: Section 1. That the special services agreement between Liebert Cassidy Whitmore, a Professional Corporation, and the City of Lynwood is approved for the period of February 1, 2005, ongoing and may be modified by mutual agreement of the parties. Section 2. That the Mayor is authorized to sign the special services agreement on behalf of the City. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of ,2005. ATTEST: RAMON RODRIGUEZ, Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: CityAttorney Joseph Y. Wang, lnterim City Manager ~ w~ c~.~ ~-~. s~ ~ LIEBERT CASSIDY WHITMORE ~ To,~ s~., s~ 520 S~ l;~asco, ~ ~107 T: ~10) ~1-2~ F: ~lO) 337~7 A PROFESSIONAL LAW COR~ON T; (41~ 512-~ F: (41~ 8~ December 30, 2004 Gail L. Black Human Resources Director City of Lynwood 11330 Bullis Road Lynwood, CA 90262 RECEIVED CITY OF LYNWOOD JAN - 3 7005 HUMAN RESOURCES Re: Agreement for Special Services This letter is to notify you that we are increasing our billing rates effective February 1, 2005, for all matters. This increase reflects the need to keep our client rates fair, while offering the best possible legal representation. The top hourly rate for Partners for the 2005 year will increase fi-om $240.00 to $250.00. The top hourly rate for Associates for the 2005 year will remain at $200.00. The top hourly rate for Of Counsel for the year 2005 will remain at $225.00. The top hourly rate for Paralegals for the 2005 year will remain at $95.00. For further clarification, a detailed schedule of hourly billing rates is attached. We are enclosing a new Agreement for Special Services between the City and Liebert Cassidy Whitmore because either the existing contract with the City is outdated or we do not have a fully executed contract. The Agreement provides ranges of rates so that if we increase our rates over the next few years we will not have to execute a new contract. Pursuant to Government Code Section 40602, we ask that the Mayor sign the Agreement unless you have a valid ordinance that your contracts be signed by an officer other than the Mayor. Upon its full execution by the appropriate person (either the Mayor or person identified by your ordinance), please return a copy of the Agreement to our Los Angeles Office. We appreciate the opportunity to provide legal services to the City. If you have any questions regarding this notice, or any other matter involving our Legal Services Agreement, please do not hesitate to contact me directly. Sincerely, LIEBERT CASSIDY WHITMORE Melanie Poturica Managing Partner Enclosures www. lcwlegal.com Liebert Cassidy Whitmore Hourly Billing Rates - February, 2005 Hourlg Rate Partners 250 Of Counsel 225 Steve Berliner Kristine Kwong Sergio Bent Mark Meyerhoff Jack Hughes Deborah Leon Geoff Sheldon Anthony Ramos Pilaf Morin Adrianna Guzman Elaine Leeming Carla McCormack Arlin Kachalia Christine Carson Roger Crawford Michael Blaeher Jolina Abrena Sara Petit Heather Glick Steve Kroll Megan Wallace Lourdes Matthew Mala Kapadia 200 200 200 200 200 200 200 200 190 190 185 185 185 180 180 180 175 175 170 170 170 160 160 Paralegals 95 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the law rims of Liebert Cassidy Whitmore, A Professional Corporation ("Attorney"), and the City of Lynwood, A Municipal Corporation ("City"). 1. Conditions This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement. 2. Attorney's Services Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and City proceedings, as requested by City or otherwise required by law. 3. Fees, Costs, Expenses City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time. The range of hourly rates for Attorney time is fi.om One Hundred Sixty to Two Hundred Sixty Dollars ($160.00 - $260.00), and from Ninety-Five to One Hundred Ten Dollars ($95.00 - $110.00) for time of paraprofessional staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective January 1. Attorneys and paraprofessional staff bill their time in minimum units of one-tenth of an hour. Communications advice (telephone, voice-mail, e-mail) is billed in a minimum increment of three-tenths (.30) of an hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.15) per page and facsimile charges at One Dollar ($1.00) per page. A Public Agency Fee Schedule is attached to this Agreement. Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice. The California Business & Professions code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confi~tii that the fixm does maintain such insurance coverage. 4. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. Ifa dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney's fees and costs. 5. File Retention After our services conclude, Attorney will, upon City's request, deliver the file for the matter to City, along with any funds or property of City's in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file. 6. Assignment This Agreement is not assignable without the written consent of City. 7. Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City. 8. Authori~, The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 9. Term This Agreement is effective February 1, 2005, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. Liebert Cassidy Whitmore, A Professional Corporation By~~~ Managing Partner City of Lynwood A Municipal Corporation By Title Date I. PUBLIC AGENCY FEE SCHEDULE Partners Of Counsel Associates Paraprofessionals (Hourly Rates) $225.00- $260.00 $225.00- $240.00 $160.00- $210.00 $95.00- $110.00 II. COST SCHEDULE 1. Photocopies 2. Facsimile Transmittal $0.15 per copy $1.00 per page o~g~ ~o~o~.oo~ ~ 0 ~ 0 o o 0 0 ~~oo~~oo~oo~oo~~~ o AGENDA ITEM ~ o c H~ o ~H ~ ~ ~ Z 0 < 0 H i 0 H 0 0 Z o o Z 0 0 Z 0 H Z 0 Z 0 0 i Z <: 0 H 0 0~ H <~ 0 DATE: TO: FROM: BY: SUBJECT: January 18, 2005 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Joseph Y. Wang, Interim City Manag~ Yadi Farhadi, P.E., Director of Envir~mmdntai Services/City Engineer Miguel Alvarez, Civil Engineering Associate Approval of Tract Map No. 54246 PURPOSE: To have the City Council approve Tract Map No. 54246. BACKGROUND: Tentative Tract Map No.54246 was conditionally approved by the Planning Commission by Resolution 2928 on March 11, 2003. The Tract Map provides for the subdivision of six (6) parcels of land at the comer of Peach Street and Redwood Avenue. Six (6) single-family dwellings will be built on this subdivision. A dedication of five (5) foot wide strip of land along Peach Street for future street widening is reflected on this tract map. ANALYSIS: Final Tract Map 54246 has been reviewed by the Los Angeles County Engineer for accuracy and compliance with the State Subdivision Map Act and the City's Subdivision Ordinance. It is now ready to be accepted by the City Council. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING TRACT MAP NO. 54246" AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING TRACT MAP NO. 54246 WHEREAS, the final Tract Map No. 54246 has been reviewed by the Los Angeles County Department of Public Works and the City Engineer, and it was found to have been prepared in conformance with the Subdivision Map Act and the City's Subdivision Ordinance; and WHEREAS, the developer has provided the required bonding for all the Engineering Division's improvement requirements; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section 1. That the City Council approves the final Tract Map No. 54246. Section 2. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this day of _, 2005. ATTEST: Ramon Rodriguez, Mayor City of Lynwood Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood Joseph Y. Wang, Interim City Manager Yadollah Farhadi, P.E., Director of Environmental Services City Engineer STATE OF CALIFORNIA ) ) §: COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution and duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of, 2005, and passed by the following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) §: COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, tree and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2005. City Clerk, City of Lynwood 'LOTS. .~'~ ~7,g57 SQ. FT. TRACT NO. 54246 IN THE CITY OF LYNWOOD COUNTY 'OF LOS ANOELES STATE OF CALIFORNIA BEING A SUBFHV!SION OF PORTIONS OF LOTS 557, 558, 559, 560, 562 AND 56.S OF TRACT NO. 2551 AS PER MAP RECORDED IN BOOK 24, PAGES 78 THROUGH 80, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COLINTY RECORDER OF S~I[', COLtNTY SHEET 1 OF 3 SHEETS OWNER'S STATEMENT ~rATE OF CAUFORN~A ) ~iGNATUR[ OMISSIONS NOTE: ~ ~Am~ ~ Lm~ ~P~Y, EA~mT H~ r~ ~T. AS .DR .~T IS ~ ~AT IT C~NOT R,PE. IN~ A ~ :~ .; ~ ~ .~A~ IS NOT ~l~ BY ~ L~ A~CY. ~~. ~ (a) 3A (I-~11) ~ ~ D~ U~ ACT. ~ iN--ST IS ~. '.~T ' ~N~T ~ 'N~ A ~ "~ ~O ~O ~A~ IS NOT SL*RV?~ OR'$ STATEMENT: l~lS MAP WAS PREPARED BY U£ OR UNDER MY D~0N AND Iq 8AS~) UPON U~ ~CT ~ LOC~ ~ A~ ~ ~ST ~ ~ ~T. ~. A UU~ U~B~U~ C~,~. ~ ~ ~ 2~ I U~mY ~ ~A~ ~S ,-17~ ENCINEER'S CERTIFICAIE: SUBDI~a0~ MAP ACT 8S442 (1). (2),/e~D (3) HAVE: BEEN CO~PU£O W1H CITt TREASURER'S CERTIFI,,ATE: DATE CIT~ CLERK'S CERTIFICATE: DATE ;CALE: 1": 40' SHEET 2 OF 5 SHEETS TRACT NO. 54246 IN THE CITY OF LYNWOOD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA TRACT NO. 54246 IN THE CITY OF LYNWOOD COUNTY OF LOS ANGELES, sTATE OF CALIFORNIA EASEMENT ESTABLISHUENT DETAIL OF EASEUENT (]~) NOT TO SCALE DETAIL "A" NOT TO SCALE rto~ ~'~ ~ ' // / DATE: TO: FROM: BY: SUBJECT: January 18, 2005 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL J~'FWar~nag~iln~e~i,m~i~cMr ;aEg~services/City Engineer ~5/~. Application for Local Government Waste Tire Cleanup Grant PURPOSE: To apply for available funds for the California Integrated Waste Management Board Local Government Waste Tire Cleanup Grant for FY 2004-2005. BACKGROUND: The California Integrated Waste Management Board is accepting applications for Local Government Waste Tire Cleanup Grant for FY 2004-2005. Applications for this grant cycle are being accepted until February 11, 2005. The maximum amount that each applicant can request is up to $200,000 and/or $50,000 allowed per individual tire site. This grant is available for the removal; transportation, recycling and disposal of waste tires for illegal tire piles and areas where illegal dumping has occurred along public right-of-ways. Site can be located on private or public property. Waste tires must be transported to a facility that will accept waste tires and facility must be approved by the CIWMB. Grants will be awarded to local governments on a competitive basis. CIWMB requires local agencies to certify by resolution authorizing grant application by local government body before submission of said application to the CIWMB. ANALYSIS: The City of Lynwood has an on-going problem with tires illegally dumped in the public right-of- ways. These tires are eyesores and represent an environmental and health risk to our community. Unmanaged tires are subject to fires that are hard to extinguish, tire fires can pollute the air and contaminate the ground. Waste tires can collect water and become breeding ground for disease- carrying mosquitoes. The grant funds will provide monies to pay the cost of cleanup, abatement, or other remedial actions related to the disposal of waste tires. RECOMMENDATION: Staff recommends that RESOLUTION AUTHORIZING CALIFORNIA GOVERNMENT AUTHORIZING DOCUMENTS." the City Council adopted the attached resolutions entitled: "A OF THE CITY COUNCIL OF THE CITY OF LYNWOOD STAFF TO APPLY FOR AVAILABLE INTEGRATED WASTE MANAGEMENT WASTE TIRE CLEANUP GRANT FOR THE CITY MANAGER TO EXECUTE FUNDS FOR THE BOARD LOCAL FY 2004-2005, AND PERTINENT GI~N~,GEN DA ~ ITEM CSDocuments and Settings\owilliams~vly DocumentsL4B939\TIRE RECYCLING PROGRAIVBCou06Tires (a).DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO APPLY FOR AVAILABLE FUNDS FOR THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD LOCAL GOVERNMENT WASTE TIRE CLEANUP GRANT FOR FY 2004-2005, AND AUTHORIZING THE CITY MANAGER TO EXECUTE PERTINENT GRANT DOCUMENTS WHEREAS, Public Resources Code (PRC) Sections 42800 et. seq. established the waste tire program for the State of California and assigns responsibility to the California Integrated Waste Management Board (CIWMB); and WHEREAS, the PRC Section 42889(e) allow the CIWMB to expend available money in the California Tire Recycling Management Fund to pay the costs of cleanup, abatement, or other remedial action related to the disposal of used waste tires; and WHEREAS, the CIWMB allocated one million ($1,000,000) for this grant program for Fiscal Year 2004/2005 Local Government Waste Tire Cleanup Grant Program, $200,000 available for individual and $50,000 available for each tire site; and WHEREAS, grants will be awarded to local governments on a competitive basis. WHEREAS, waste tires are eyesores and represent an environmental and health risk to the local community, unmanaged tires are subject to fires that would be hard to extinguish, tire fires can pollute the air and contaminate the ground, and waste tires can collect water and become breeding ground for disease-carry mosquitoes; and WHEREAS, said procedures established by the CIWMB require the applicant to certify by resolution the approval of the application before submission of said application to the CIWMB, and WHEREAS, the City will enter into agreement with the CIWMB for implementation of the project; NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: CSDocuments and Settings\owilliamsWly Documents~AB939~TIRE RECYCLING PROGRAIvI~Cou06Tires (a).DOC Section 1: That staff is authorized to apply for the available funding for the Local Government Waste Tire Cleanup Grant for FY 2004-2005 Section 2: That the City Manager is authorized to execute all pertinent grant documents. Section 3: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 18th day of January 2005. ATTEST: RAMON RODRIGUEZ, Mayor City of Lynwood ANDREA L. HOOPER City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT: City Attomey JOSEPH Y. WANG Interim-City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer H:\WORDFILE~PUBWORKS\COUNCIL\Cou05Tires (a).DOC 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 resolmion was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the__ day of and passed by the following vote: .,2005, AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, tree and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2005. City Clerk, City of Lynwood H:\WORDFILELPUBWORKS\COUNCIL\Cou05Tires (a).DOC DATE: TO: FROM: BY: SUBJECT: Purpose: January 18, 2005 HONORABLE MAYOR AND CITY COUNCIL MEMBERS City Manager Joseph Wang, Interim '~ 1 Louis Morales, Redevelopment Dir~tO~/ Mark Fullerton, Housing Associate APPROVAL OF THE HOME PROGRAM BUDGET FOR FOR FISCAL YEAR 2004-2005 For the City Council to approve the final HOME Program Budget for Fiscal Year 2004-2005 to include the most recent HOME fund allocation from HUD in the existing City Budget and continue with the various housing programs and projects planned during the fiscal year. Facts: 1. The City of Lynwood receives an annual allocation of Home Investment Partnerships Act (HOME) funds fi:om the Department of Housing and Urban Development (HUD) to administer affordable housing programs. 2. The HOME Program must be administered according to the established federal regulations and the HOME funds must be used for eligible housing programs that benefit low income households. 3. The City Council serves as the subrecipient agency to HUD for approving the annual use of HOME funds and the administration of the HOME Program according to federal regulations. 4. On May 20, 2004, the City Council approved Resolution No. 2004-064 authorizing staff to submit the HOME Consolidated One-Year Action Plan to HUD for the allocation of HOME funds for FY 2004-2005. Analysis For your review and approval is attached the HOME Program Budget for Fiscal Year 2004-05. The total budget is $3,261,543 and includes the annual allocation for FY 2004-05 plus unexpended funds from previous year allocations. As you know, the HOME Program Budget was approved as part of the biennial budget process for FY 2003-05. Since that time the City has received an additional annual allocation fi:om HUD for FY 2004-05 totaling $996,933. This amount includes the annual allocation fi:om HUD and program income generated from housing rehabilitation loans. On April 20, 2004, the City Council approved Resolution No. 2004-64 and the FY 2004-2005 annual allocation as part of the HUD Consolidated Plan approval process. These annual allocations must be incorporated into the exiting budget and allocated to the various revenue and expenditure accounts for Fiscal Year 2004-05. Budget Summa _ry The HOME Program Budget is summarized by the following housing program allocations: Program Housing Residential Rehabilitation First Time Homebuyer Program Purchase and Rehabilitation Total Budget Budget $ 2,101,843 577,850 582,300 $3,261,993 The primary function of the Housing Division is to administer a City-Wide program according to the federal regulations and provide financial assistance to low income households for home improvements, new construction and to create affordable housing opportunities. Financial assistance is provided in the form of grants and loans to homeowners, renters, and housing developers for affordable housing purposes. Funds are also used to pay for the Housing staff, consultant services and technical assistance as needed. All of the Housing Division expenditures are fully reimbursed with federal funds and there is no impact on the City's General Fund. For your reference is attached a copy of the Housing Division Budget Summary including a description of the housing programs, division goals and objectives, proposed activities, and a division detail for each account. Recommendation: It is respectfully recommended that the City Council approve the Resolution approving the HOME Program Budget for Fiscal Year 2004-05 to administer the Affordable Housing Program according to the HUD/HOME Regulations, 24 CFR Part 92. Attachments: 1. Resolution 2. HOME Program Budget Sununary for FY 2004-05 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE HOME PROGRAM BUDGET FOR FISCAL YEAR 2004-2005 TO ADMINISTER THE AFFORDABLE HOUSING PROGRAM WHEREAS, The City of Lynwood receives an annual allocation of HOME Program funds from the Federal Department of Housing and Urban Development to carry out certain eligible activities in accordance with federal regulation 24 CFR 92; and WHEREAS, these funds are made available to assist the City of Lynwood in providing decent housing, a suitable living environment and expanding affordable housing opportunities, and; WHEREAS, HUD allocates HOME Program Funds to the City of Lynwood to administer an Affordable Housing Program for the benefit of Iow income residents; and; WHEREAS, the HOME funds have been allocated to eligible housing programs in accordance with the HUD federal regulations, and; WHEREAS, the Lynwood City Council has authorized the use of these funds as part of the City's Consolidated Plan and based on the housing needs of the City, and; WHEREAS, the City Council has approved the allocation of HOME Program funds and the Consolidated Annual Action Plan for Fiscal Year 2004-2005. NOW, THEREFORE, IT IS RESOLVED by the Lynwood City Council as follows: Section 1. That the City Council approves the allocation of HOME funds to eligible housing program activities in accordance with the federal regulations, CFR 24 Part 92. Section 2. The City Council authorizes the Interim City Manager or his designee to appropriate the HOME Program allocations to the various revenue and expenditure accounts for FY 2004-2005. Section 3. The City Council approves the HOME Program Budget for FY 2004-2005 in the total amount of $3,261,993. Section 4 .This Resolution sh'all go into effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 18th day of January, 2005. Ramon Rodriguez, Mayor ATTEST: Andrea L. Hooper, City Clerk Joseph Wang, Interim City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT City Attorney Louis Morales, Redevelopment Director DIVISION SUMMARY 2004-2005 DEPARTMENT: DIVISION: REDEVELOPMENT HOUSING DIVISION DESCRIPTIONS: The Housing Division is responsible for the overall administration, management and coordination of the City's Housing Program. The division budget includes federal funds from the Home Investment Partnerships Act Program (HOME Program), and the Redevelopment Agency 20% Set Aside Low and Moderate Income Housing Fund. The main function of the division is to administer a City-wide housing program and provide financial assistance for home improvement, new construction and property development. Funds are also budgeted for land acquisition and site development to initiate specific projects with developers or non-profit community housing organizations. The remaining funds are budgeted for housing division staff to administer and coordinate the various housing programs and related activities. DIVISION GOALS Administer the City Housing Program according to the federal reporting requirements and in compliance with the federal regulations. Implement a new organizational structure to accommodate the level of activity. Increase the number of division staff members to expand the service capabilities and respond to the demand for services. Develop a statement of objectives and projected use of funds for annual HOME allocation. Implement a housing project with an eligible community housing organization for affordable housing purposes. Maintain an appropriate financial management system in accordance with federal requirements and expenditure policies. Complete the submission of federal reporting requirements to HUD. Implement a comprehensive computer-automated information financial management system according to HUD standards. HOME PROGRAM DESCRIPTION - FY 2003-05 The City of Lynwood receives annual funds annual funds allocated by the Department of Housing and Urban Development (HUD) to participate in the HOME Investment Partnerships Act (HOME) Program. The primary goal of the program is to provide affordable housing opportunities for primarily Iow and moderate income persons. The City may use the HOME funds to carry out eligible housing activities including property acquisition, housing rehabilitation, and construction of new housing. Financial assistance may be provided in the form of deferred loans, grants or mortgage assistance for eligible projects within the established guidelines of the HUD regulations. HOUSING DIVISION OBJECTIVES 1. To expand the supply of decent, safe, sanitary and affordable housing within the City of Lynwood. 2. Mobilize and strengthen for-profit and not-for-profit developers to design and implement strategies for achieving an adequate supply of decent, safe, sanitary, and affordable housing. 3. Provide to the community on a coordinated basis various types of assistance including capital investments, mortgage assistance, rental assistance, and other federal assistance needed to: A. To make new construction, rehabilitation, substantial rehabilitation, and acquisition of such housing feasible. Bo To promote the development of partnership among private industry and non- profit organizations able to utilize effectively all available resources to provide more of such housing. To develop and refine on an ongoing basis a selection of model programs incorporating the most effective method for providing affordable housing and accelerate the application of such method where appropriate to meet the City's housing needs while utilizing the HONIE funds to the maximum extent feasible. D. To expand the capacity of nonprofit community housing development organizations to develop and manage decent safe and affordable housing. To insure that the Public's investments produces housing stock that is available and affordable to Iow income families for the properties remaining useful fife, is appropriate to the neighborhood surroundings, and, wherever appropriate, is mixed income housing. F. To assist very Iow income and Iow income families to obtain the skills and knowledge necessary to become responsible homeowners and tenants. OVERVlIEW AND ACTIVITIES: The City's Housing Division also administers specific housing projects utilizing the HOME funds and Redevelopment Agency Low and Moderate Income Housing 20% Set Aside Funds. These projects vary in size and scope and are designed to improve and enhance the City's housing stock. The Housing Division utilizes its funding resources to maximize participation from the private sector including housing developers and non-profit organizations for the purpose of developing affordable housing. These efforts are accomplished by implementing projects consisting of affordable homeownership opportunities, new construction, property acquisition, and rehabilitation of existing properties. Listed below is a summary of the projects and programs planned for the fiscal year: CHDO Proiect Project: The development and construction of one to three new single family units by the non-profit organization, Access Community Housing, Inc. Goal: The goal during this fiscal year is to determine the project location and complete the preliminary plans for property development and construction of the new single family units. Redwood Housing Proiect Project: To develop vacant property located on Redwood Avenue east of State Street and construct 8 new single families with 3 units targeted for Iow income households. Goal: To complete the preliminary plans and enter into an agreement with the developer, Patel Construction, to develop the site and construct the new single family units. Residential and Multi-Family Housin.q Rehabilitation The Residential Rehabilitation Program is targeted for Iow and moderate-income homeowners and provides financial and technical assistance to rehabilitate residential properties. Financial assistance will be available in the form of deferred loans up to $30,000 and $10,000 grants for eligible single family households. The multi-family loan program provides deferred loans in the amount $25,000 per unit for the rehabilitation of rental properties and improves the housing conditions for the large population of renters. The program budget for Housing Rehabilitation is as follows: Personnel (Staff & Prof. Services) $ 200,000 Maintenance and Operation $1,302,150 Capital Outlay $ 530,000 Funds available for Single Family Deferred Loans. $400,000 - 14 loans at $30,000 per unit Funds available for Single Family Grants. $ 500,000 - 50 grants at $10,000 per unit Funds available for Multi-Family Rehabilitation loans. $200,000 - 8 units at $25,000 per rental unit Purchase and Rehabilitation Program The program has been established to enable the City to purchase and rehabilitate properties abandoned and currently owned by the Housing and Urban Development (HUD) and other bank-Real Estate Owned (REO) properties that are located in the City. Properties once purchased will be rehabilitated and made available for immediate resale to eligible Iow-income households making it easier for the buyer to qualify for a new first loan. The program also provides funding for Community Housing Development Organizations (CHDO's) to develop affordable housing projects for Iow income families. Total Budget: $582,300 Operating Budget Personnel Maintenance and Operation Capital Outlay $10,850 $171,000 $400,450 First -Time Homebuyin(~ Pro~ram (FTHB) The FTHB Program is an on-going program that provides first time homebuyers with the financial assistance necessary for homeownership and to create an opportunity for Iow/moderate income families to own there own home. The loan is in the form of a deferred payment second mortgage with a dollar amount up to $40,000. The program is designed to assist qualified households with down payment, closing cost, and any additional costs for the purchase of a home in the City of Lynwood. Total Budget: $577,850 Funding Source/Amount: HOME Funds Operating Budget Personnel: $10,850 Maintenance and Operation: $ 47,000 Deferred Loans $520,000 (13 deferred loans in the amount of $40,000 each) Department: Redevelopment 4135 Administration PERSONNEL: 4101 Salaries 4121 PERS- Retirement 4122 Workers Comp 4123 Unemployment Insurance 4124 Group Insurance 4129 Medicare Insurance 4137 State Disability Insurance Division Detail 2004-2005 Adopted Actual Budget 2001-2002 2002-2003 Division: HOME Program Account No: 344135 Estimate Budget Budget 2002-2003 2003-2004 2004-2005 34,215 32,850 32,850 10,000 57,700 2,328 2,300 2,300 1,650 2,500 265 1,000 2,200 250 2,200 0 300 300 300 600 8,177 3,700 4,600 1,200 5,000 500 500 800 150 800 354 250 550 100 893 Subtotal 45,839 MAINTENANCE & OPERATION: 4211 Office Supplies 0 4212 Operating Supplies 1,577 4220 Prof& Contractual Serv. 20,678 4221 Advertising & Priming 0 4223 Vehicle Expense 0 4250 Travel & Meetings 0 4262 Liability Insurance 0 4276 Deferred Payment Loans 55,915 4279 Emergency Grant 65,815 4283 Multi-Family Rehab 107,761 4287 Sr. Citizens Home Grant 65,000 40,900 43,600 13,650 69,693 500 500 100 500 1,600 1,600 500 500 110,800 10,800 200,000 200,000 350 350 200 300 19,200 19,200 19,200 19,200 0 500 700 2,000 19,650 19,650 19,650 19,650 120,000 95,000 260,000 360,000 370,000 100,000 280,000 400,000 120,000 20,000 150,000 200,000 270,000 50,000 300,000 300,000 Subtotal CAPITAL OUTLAY: 4314 Land & Buildings 316,746 1,032,100 317,600 1,230,350 1,502,150 0 50,000 0 180,000 530,000 0 50,000 0 180,000 530,000 Subtotal 4135 HOME Program Total 362,585 1,123,000 361,200 1,424,000 2,101,843 Department: Redevelopment Division Detail 2004-2005 Division: First Time Homebuyer Account No: 34-4689 Acct. Adopted No. Description Actual Budget Estimate Budget Budget 2001-2002 2002-2003 2002-2003 2003-2004 2004-2005 PERSONNEL: 4101 Salaries 0 21,650 10,800 5,800 6,000 4121 PERS- Retirement 0 1,550 1,500 1,000 1,600 4122 Workers Comp 0 650 650 150 700 4124 Group Insurance 0 1,950 1,950 700 2,000 4129 Medicare Insurance 0 350 350 150 . 350 4137 State Disability Insurance 0 200 200 50 200 Subtotal 0 26,350 15,500 7,850 10,850 MAINTENANCE & OPERATION: 4211 Office Supplies 0 300 300 100 500 4212 Operating Supplies 0 350 350 100 500 4220 Prof& Contractual Serv. 0 0 0 44,000 44,000 4221 Advertising & Printing 0 0 0 350 2,000 4276 Deferred Payment Loans 20,000 100,000 80,000 300,000 520,000 Subtotal 20,000 100,650 80,650 344,550 567,000 First Time Home Total 20,000 127,000 96,150 352,400 577,850 Department: Redevelopment Acct. No. Description PERSONNEL: Division Detail 2004-2005 Ac~al 2001-2002 Division: Purchase & Rehabilitation Account No: 34-4690 4101 Salaries 0 4121 PEP, S- Retirement 0 4122 Workers Comp 0 4124 Group Insurance 0 4129 Medicare Insurance 0 4137 State Disability Insurance 0 Adopted Budget Estimate Budget Budget 2002-2003 2002-2003 2003-2004 2004-2005 21,600 10,750 5,800 6,000 1,550 1,550 1,000 1,600 650 650 150 700 1,900 1,900 700 2,000 300 300 100 350 200 200 50 200 Subtotal MAINTENANCE & OPERATION: 4211 Office Supplies 0 4212 Operating Supplies 0 4220 Prof & Contractual Serv. 89,794 4221 Advertising & Printing 0 4230 Other Fees For Sets. 46,850 0 26,200 15,350 7,800 10,850 300 300 100 300 350 350 100 350 110,000 50,000 110,000 110,000 350 350 350 350 60,000 10,000 60,000 60,000 Subtotal CAPITAL OUTLAY: 4314 Land & Buildings 136,644 171,000 61,000 170,550 171,000 112,861 200,000 200,000 300,000 400,450 122,861 200,000 200,000 300,000 400,450 249,505 397,000 276,350 478,350 582,300 Subtotal Purchase & Rehab Total DATE: TO: FROM: BY: SUBJECT: January 18, 2005 Honorable Mayor and City Council Joseph Y Wang, Interim City Manage Yadollah'Farhadi, P.E. Director of ~'ntal Services/City Engineer Rudolph Brown, Facility Service Manager INSTALLATION OF ACRYLIC BULLET RESISTANT GLASS AT CASHIER COUNTER IN CITY HALL. PURPOSE: To request that City Council approve thc informal bidding for thc installation of acrylic bullet resistant glass at the cashier counter in thc City Hall. BACKGROUND: During the past three years, Water Billing Division employees working at the cashier counter in City Hall have been confronted with security problems. To improve security at the cashier counter, staff is recommending installation of acrylic bullet resistant glass. The estimated cost for this work amounts to approximately $10,000. ANALYSIS: This work is part of the City Hall Security Improvement Project 5-5298, FY 2004-05. Staff is recommending that the work be done through an info,ual bidding process. The Lynwood Municipal Code Section 6-3-13c allows this type of bidding by City Council 4/5 vote. RECOMMENDATION; Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE INFORMAL BIDDING PROCESS FOR INSTALLATION OF ACRYLIC BULLET RESISTANT GLASS FOR SECURITY PURPOSES, AT THE CASHIER COUNTER IN THE CITY HALL. AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE INFORMAL BIDDING PROCESS FOR INSTALLATION OF ACRYLIC BULLET RESISTANT GLASS FOR SECURITY PURPOSES AT THE CASHIER COUNTER IN THE CITY HALL. WHEREAS, the City Council desires to implement the acrylic bullet resistant glass installation at the cashier counter in the City Hall; and WHEREAS, said project cost estimate is $10,000.00; and WHEREAS, this project is funded as part of the City Hall Security Improvement Project, Project No. 05-5298, FY 2004-05; and WHEREAS, considering time limitation, this project can be done more efficiently and economically through an informal bidding process; and WHEREAS, Section 6-3.13c of the Lynwood Municipal Code allows the authorization of said bidding procedure by City Council 4/5 vote. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lynwood as follows: Section 1: That the City Council approves the info,mai bidding process for this project by a 4/5 vote. Section 2: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED THIS day of ,2005. ATTEST: Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk City of Lynwood Joseph Y. Wang Interim City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I the undersigned, City Clerk of the city of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said city at a regular meeting therefore held in the City Hall of the City on the day of _, 2005 and passed by following vote: AYES: NOES: ABSENT: City Clerk, City of Lynwood STATE OF CALIFRONIA ) )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 ,2005. City Clerk, City of Lynwood DATE: TO: FROM: BY: SUBJECT: January 18, 2005 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Joseph Y. Wang, Interim-City Manager ~,.///L~ Yadi Farhadi, P.E., Director of Enviro~tal Services/City Engineer Informal Bidding for Water Main Improvements on Cornish Avenue (Magnolia Avenue to Agnes Avenue) PURPOSE: To recommend that the City Council approve the attached resolution authorizing staff to proceed through the informal bid process for the Water Main Improvements at Cornish Avenue (Magnolia Avenue to Agnes Avenue). BACKGROUND: As part of the Lynwood Utility Authority projects Cornish Avenue (Magnolia Avenue to Agnes Avenue) is scheduled for street improvements this fiscal year. The bid opening for this project is set for February 2, 2005. Start of construction is scheduled for April 2005. To meet future water demand the draft of the Water System Master Plan recommends upgrading the existing 4 inch main to an 8 inch main on this section of Cornish Avenue. ANALYSIS: The water main construction needs to be complete prior to the start of street improvements. Because of the time constraint, staff recommends that the proposed Cornish Water Main Project be constructed through an informal bid procedure. There are funds available for this water project in the Water Main Improvement Project, Project No. 05-5300. This water project can be added to and funded as part of this project. The estimated project cost is $150,000. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE NEEDED MATERIALS, SUPPLIES AND SERVICES THROUGH AN INFORMAL BID PROCESS FOR THE CORNISH AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT 05-5300. H:\WORDFILE\PUBWORKS\COUNCIL\Cou05001 comishwtrmain. DOC AGENDA ITEM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PURCHASE NEEDED MATERIALS, SUPPLIES AND SERVICES THROUGH AN INFORMAL BID PROCESS FOR THE CORNISH AVENUE WATER MAIN IMPROVEMENT PROJECT, PROJECT NO. 05-5300 WHEREAS, the draft Water System Master Plan recommends upgrading the existing 4 inch main to 8 inch on Cornish Avenue (Magnolia Avenue to Agnes Avenue); and WHEREAS, this section of Cornish Avenue is schedule for improvements in fiscal year 2004-2005; and WHEREAS, construction of the water main should precede the street improvement project; and WHEREAS, funds are available in the Water Main Improvement Project, Project No. 05-5300, and WHEREAS, the construction Cornish Avenue Water Main Project can be done more expeditiously through an informal bid process; and WHEREAS, Section 6-3.13c of the Lynwood Municipal Code allows the City Council to approve said informal bid process with a 4/5 vote. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1: That staff is authorized to solicit bids for the Cornish Water Main Project through an informal bid process. Section 2: That the Cornish Avenue Water Main Project (Magnolia Avenue to Agnes Avenue) is added and made part of the Water Main Improvement Project, Project No. 05- 5300. Section 3: This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 18th day of January, 2005. RAMON RODRIGUEZ, Mayor City of Lynwood H:\WORDF1LE~PUBWORKS\COUNCIL\Cou05001 cornishwtrmain. DOC ATTEST: ANDREA L. HOOPER City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT: City Attorney JOSEPH Y. WANG Interim-City Manager Yadollah Farhadi, P.E. Director of Environmental Services/ City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of the City on the day of and passed by the following vote: ., 2005, AYES: NOES: ABSENT: City Clerk, City of Lynwood H:\WORDFILELPUBWORKS\COUNCIL\Cou05001 comishwtrmain. DOC STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, tree and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ., 2005. City Clerk, City of Lynwood H:\WORDF1LE'ff'UBWORKS\COUNCIL\Cou05001 comishwtrmain. DOC Date: January 18, 2005 To: From: By: Honorable Mayor and Members of the C~ C~ou~nc~ "~ Joseph Y. Wang, Interim City Manager//~ U ~ Autra C. Adams, Special Assistant/Inte ol~L?~rnmental Relations Subject: Mayoral Appointments for Various Municipal Organizations and Committees PURPOSE: The purpose of this item is for the Mayor to make appointments of Delegates and Alternates for the various Municipal Organizations and Committees where Members of the City Council serve as members. BACKGROUND: Members of the City Council and staff serve on various organizations that involve representation of government officers. In the past, after receiving comments from the rest of the Council Members, the Mayor has made appointments to these organizations. DISCUSSION: The list of Municipal Organizations and Committees updated annually are: · California Contract Cities Association · Water Replenishment District of Southern California · County Sanitation District · Independent Cities Risk Management Authority · Independent Cities Association · Independent Cities Lease Finance Authority · League of California Cities · Southern California Association of Governments · Greater LAVector Control District · Gateway Cities Council of Government · City Selection Committee · National League of Cities · Hub Cities Consortium · Lynwood Chamber of Commerce · Lynwood Unified Superintendent's Advisory Board Due to the recent City Council reorganization, the list of appointments should be updated. RECOMMENDATION: Staff recommends that the Mayor designate appointments to the attached list of Municipal Organizations and Committees. AGENDA ITEM DATE: TO: FROM: BY: SUBJECT: January 18, 2005 THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Joseph Y. Wang, Interim City Manager Yadi Farhadi, P.E., Director of Environmental Services/City Engineer ~//r~ Miguel Alvarez, Civil Engineering Associate Request for City to Hang Rotary Club Banners PURPOSE: To request that the City Council review the request for city services. FACTS: Staff has received an application requesting city services from Jim Morton of The Rotary Club of Lynwood on December 29, 2004. Service entails city maintenance crew to hang two (2) Rotary Club banners across Imperial Highway at Bullis Road and Martin Luther King Jr. Boulevard at Bullis Road, respectively. Said banners will be displayed for the entire months of February and October of 2005, respectively. The purpose of said banners is to celebrate the Rotary Club International 100th Anniversary. The Rotary Club is a worldwide, non-profit organization that provides humanitarian service and helps build goodwill and peace in the world. The request for city services application has been reviewed by the affected City's departments with the following comments: Environmental Services Department: Applicant shall provide both said banners to the City of Lynwood. Applicant shall inform the City on the specific dates when said banners shall be hung and be removed. Applicant shall pay the City $880 for this service. This is the cost for the City crew to hang and remove banners at two locations for both occasions. 2. Sheriff's Department: None. 3. Fire Department: None. cou05Bannerl i~GENDA ITEM Should the City Council consider granting the applicant this request, the applicant should be required to abide to the above-mentioned Environmental Services Department's conditions as noted below: · Provide banners to the City · Pay the City $880 for the service · Inform the City on the specific dates when said banners shall be hung and be removed RECOMMENDATION: Staff recommends that the City Council review the request, the departmental comments, and direct staff accordingly with the following options: 1. Deny request. 2. Approve request with the conditions and payment of service fee. 3. Approve request with the conditions and waive service fee. cou05Bannerl Date: To: From: Subject: PURPOSE: January 18, 2005 Honorable Mayor and Members of the City Council ~'~ Joseph Y. Wang, Interim City Manager ~ "' - / \ Parent U-Turn Request for Travel Funds[,~,) The purpose of this item is to have the City Council consider a request for travel funds from the Parent-U-Turn Organization. BACKGROUND: Parent-U-Turn is an organization made up of parents in Lynwood and its surrounding cities responsible for procuring and gathering information on quality schooling. They are requesting that the City pay the costs of three members of the organization to travel to the American Education Research Association (AERA) Annual Conference. The conference is scheduled for April 11-15, 2005 in Montreal, Canada. In exchange for the City's assistance, Parent-U-Turn would like to provide to the Council a report on their participation at the conference. DISCUSSION: Parent-U-Turn has been invited to be a presenter at the AERA Conference. AERA is concerned with improving the educational process by encouraging scholarly inquiry related to education and by promoting the dissemination and practical application of research results. The broad range of disciplines represented by the membership includes education, psychology, statistics, sociology, history, economics, philosophy, anthropology, and political science. The three members of Parent-U-Turn who are also Lynwood residents are requesting assistance from the City are Valerie Munoz, Emma Street and Mary Johnson. The organization is requesting a contribution of $2,727 to fund the travel expenses with the breakdown as follows: Expense Cost Per Individual Total Cost (Three People) Air Fare $374.00 $1,122.00 Conference Registration $150.00 $450.00 Hotel Expense $385.00 $1,155.00 Total $909.00 $2,727.00 RECOMMENDATION: Staff recommends that due to current budgetary issues and concerns the City Council deny the request. AGENDA ITEM Date: January 3,2005 To: Honorable Mayor and Members Of City Council From: Parent-U-Tum Subject: Request For Travel Funds Parem-U-Tum is an organization made up of parents in Lynwood and its surrounding cities responsible for procuring and gathering information on quality schooling, requests the assistance of the City of Lynwood to support three parent members from Lynwood financially in their travel to attend the American Educational Research Association (AERA) Conference in Montreal Canada. In exchange for the City's assistance, Parent- U-Turn, upon their return, will present to the City Council a short report on their participation at this conference. Facts: Parem-U-Turn, a group of parents committed to quality education, has been invited to do four presentation at the AERA Conference to be held in Montreal Canada from April 11 through April 16, 2005. The AERA, a professional membership organization, strives to improve the educational process by encouraging scholarly inquiry related to education. It offers a comprehensive program of scholarly, publications, training, fellowships, and meeting to advance educational research, to disseminate knowledge, and to improve the capacity of profession to enhance the public good. The AERA Conference is held each year to promote the dissemination and practical application of research result. Parent-U-Turn is the only parem group proposal that have been expected among scholarly. Parent-U-Turn attended our first AERA Conference in Chicago 2003, thank to the support of Lynwood City Council. Last Year the Conference was held in San Diego, again Parent-U-Turn attend the conference as presemers. Parent-U-Turn has done much research relatives to quality education. Recently parent-U- Turn have collaborate with Congress Woman Linda Sanchez to publish Parent Involvement Guides and College Guides in Spanish/English for Lynwood and surrounding schools. The Los Angeles Times have use Parent-U-Tm survey in their Leading Editorial against the exit exam. Our group has recently examined and identified a need in the community for students to gain meaningful access to quality curriculum and learning opportunities. Our group has voiced a powerful commitment to college as pathways to economic security, political power and greater wisdom. AERA.net Page 1 of 1 Meetings & Events 2005 Annual Meeting April 11-15, 2005 Montreal, Canada Theme ~emography aq.~ Dem~.~.r_acy [~ the ~r_.~ of ~_¢~ount~ahility Meeting News & Updates · Session Scheduling: The 2005 AERA Annual Meeting is currently being scheduled, it will be available online at the end of January. If you have a special scheduling request plea_s...e__send__.a_n emg!! with "Schedule Request" in the subject line. We will try to honor your request whenever possible but cannot guarantee a date and time. · Tr~.~.e_!.suppg.~_.~vaila_b.!_e for j~.t_ernatip_._n_al s~.91ars · S_AGEp. r_e~Conf~r.._e_nce _.Wo.r_kshop._N_ow A.~_c. epting.A_pp!i._ca, nts · ~pplyN0.~..f.0r Edi_t__o...r_s; Me__n_tg_ring R.9..undta_b!~_Ses_s.!gn · Program Chairs: The M_a_Q.agemej!t_ .ModuJ9 is open for sending out acceptance/rejection notifications as well as messages to chairs and discussants of created sessions · Authors/Proposal Submitters: The prop_o_~.~.[_'l'rack_!._n.g Sy~.t._.e_m is now open. Notification of acceptance/rejection should have been sent to all authors by late-November · Online.~.e._t_ing Regjs..t__ration Please direct all questions to the AERA Meetings Department, 202- 223-9485 http ://www.aera.net/annualmeeting/?id=282 1/11/2005 AERA.net Page 1 of 3 SITE INDI~X I CONTACT US I Home ~ Meetings and Events ~ 2005 Annual Meeting ~ Registration and Housinq ~ Registra 2005 Annual Meeting Hotel Details Hotel Listing with Rates Registration Details 2005 Online Registration Registration Details Register Early! Montr6al is so popular that early registration is recommended in order to get a reservation at the hotel of your choice. Qr~_!!n_.e_lVI e etj~gBe gist ra tarn Registration by Mail (PDF) Montr6al Map w!th__H_otels (PDF) Registration: It is the policy of AERA that all persons, includin[ participants who plan to attend one or more sessions at the AE~ Meeting, are required to register. Registration is not transferabl~ Advance registration provides several advantages: · A discount on registration fees · Assured housing at special guaranteed rates · No delay or inconvenience on site (only pick up of the Progran Supplement and a badge holder is necessary) · Registrant's hotel address will be listed in the advance directo~ available at the beginning of the meeting Deadline: Advance registration will close March 11,2005. On-.~ registration will be at the Marriott Montreal Chateau Champlain. be an early bird registration from 5 to 7 p.m. on Sunday, April 1~ Registration Rates: $90 AERA Member $35 AERA Student Member $125 Non-Member $50 Non-Member Student $20 Guest Joint Registration with AERA and NCME: http ://www.aera.net/annualmeeting/?id=3 01 1/11/2005 AERA.net Page 2 of 3 $150 Member AERA & NCME $180 Member AERA, not NCME $185 Member NCME, not AERA $215 Non-Member $65 Student Member of AERA & NCME $80 Student Member of AERA, not NCME $85 Student Member of NCME, not AERA $100 Non-Member Student Additional Activities: $5 Division H Breakfast $20 NCME Breakfast $20 NCME Fitness Run Additional fees for AERA Professional Development Courses a~ separately under the Professional Development section. Nonmembers: You may register in advance or on site. Nonme~ register at member rates if a membership application and dues accompany the advance registration. Registration fees do not ir membership in AERA. An application for membership and payn be completed with your online registration in order to join and r a member. Guest Registration: Guest registration is designed for the sp( family of the registrant. Guests may visit the exhibits and attend session in which the registrant is a participant. Guest registratio applicable for professionals (including students) in the field who attending sessions or presenting papers. Guest registration mu= included as part of the registration of another individual. Only ot allowed per registrant. Badges: Badges will be mailed on March 11, 2005. If you have confirmation of your registration, but did not receive your badge badge can be printed for you at the registration desk on site. PI~ your badge to the meeting. There will be a $5 replacement fee 1 badges. Badges should be worn at all times, not only as a courl other registrants but also as an indication that registration has I: completed before participation in any scheduled event. Badges worn to gain admission to the Exhibit Hall and Placement Servi~ addition, badge wearing will be monitored at selected sessions. Payment: Make checks for registration and housing payable to Housing Bureau in U.S. dollars, drawn on a U.S. bank. Purchas are accepted for registration fees ONLY. http ://www.aera.net/annualmeeting/?id=3 01 1/11/2005 AERA.net Page 3 of 3 Attendees may charge their registration fees to: American Exp~ Discover, MasterCard, or VISA. Refunds: Registration fees will be refunded, less a $25 servic( a written request is received at the AERA Housing/Registration March 11,2005. Refunds cannot be made after March 11,200.~ please note that registration is not transferable. The National Council on Measurement in Education (NCME is a professional organization that will hold its Annual Meeting fl 12-14, 2005, in conjunction with that of AERA. It is possible to ~ both Meetings by completing only the registration block marked For additional information on just the NCME meeting, please vi,' web site at: www.ncme.org Information for Persons with Disabilities: AERA encourages with disabilities to attend the Annual Meeting. Most hotels are a to the disabled. To reserve a hotel room better suited to meet ff the disabled, please indicate your needs in the appropriate spal Housing Request Form. Individuals with a disability should che( appropriate box on the registration form and attach a note outlir specific needs to make the meeting more accessible. This inclu participants who may need interpreting assistance or any other assistance. A note from a physician should accompany your re( © American Educational Research Association 1230 17th Street NW, Washington, DC 20036 Phone: (202) 223-9485 I Fax: (202) 775-1824 http://www.aera.net/annualmeeting/?id=301 1/11/2005