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HomeMy Public PortalAbout08-02-2005CCThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. A person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. ITEMS ON FILE FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON AUGUST 2, 2005 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 5:00 P.M. RAMON RODRIGUEZ MAYOR MARIA T. SANTILLAN MAYOR PRO-TEM CITY OF LYNWOOD ~;'~;~,' ~ ~, JUL 2 8 2005 FERNANDO PEDROZA COUNCILMEMBER LOUIS BYRD COUNCILMEMBER LETIClA VASQUEZ COUNCILMEMBER CITY MANAGER N, ENRIQUE MARTINEZ CITY ATTORNEY J. ARNOLDO BELTRAN CITY CLERK ANDREA L. HOOPER CITY TREASURER IRIS PYGATT OPENING CEREMONIES CALL TO ORDER CERTIFICATION OF AGENDA POSTING BY CITY CLERK ROLL CALL OF COUNCIL MEMBERS Louis Byrd Fernando Pedroza Leticia Vasquez Maria T. Santillan Ramon Rodriguez PLEDGE OF ALLEGIANCE 5. INVOCATION 6. PROCLAMATIONS/PRESENTATIONS 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 54954.2 (a).) MINUTES OF PREVIOUS MEETINGS: Regular Meeting, June 21,2005 Regular Meeting, July 5, 2005 Special Meeting, July 13, 2005 PUBLIC HEARING 9. A JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH ACCESS COMMUNITY HOUSING, INC. FOR THE DEVELOPMENT OF THREE (3) ATTACHED SINGLE- FAMILY HOUSES LOCATED AT 4267 FERNWOOD Comments: The purpose of this item is to have a joint public hearing for the consideration of a disposition and development agreement ("DDA") between the City and Access Community Housing, Inc. for the development of three (3) attached single-family houses for Iow and moderate income families who meet the 80% median income. Recommendation: Staff recommends that the City Council open the public hearing, accept public comment and approve the DDA and adopt the attached Resolutions: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING FOR THE DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES UTILIZING 2001 AND 2002 HOME PROGRAM CHDO FUNDS", "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING", "A RESOLUTION OF THE CITY COUNCIL APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING FOR DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES UTILIZING 2001 AND 2002 HOME PROGRAM CHDO FUNDS", "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD MAKING CERTAIN EVNIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING". CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. 10. APPROVAL OF THE WARRANT REGISTERS Comments: City of Lynwood warrant registers dated August 2, 2005 for FY 2004-2005 and FY 2005- 2006. Recommendation: Staff recommends that the City Council approve the warrant registers. 11. REPLACEMENT OF THE COMMUNITY/TRANSIT CENTER ROOF Comments: The roof over the gymnasium at the Community/Transit Center has badly deteriorated and is in dire need to be replaced. Upon close inspection of this roof, staff has detected evidence of larger water damage to other parts of the roof over the entire center. On July 5, 2005, the City Council approved the replacement of the gymnasium roof by an informal bidding process. Staff has obtained various bids from contractors. The lowest responsible bid amounts to $379,500. Because the roof replacement was not included in the budget, staff is requesting City council to appropriate the necessary funds for this work. 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 MAYOR TO EXECUTE A CONTRACT WITH FC & SONS ROOFING IN THE AMOUNT OF $379,500 AND APPROVING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER FOR THE COMMUNITY/TRANSIT CENTER ROOF REPLACEMENT ". 12. CONTRACT AWARD FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ENGINEERING SERVICES FY 2005-06 Comments: The City is required to comply with the NPDES requirements by implementing various programs. Based on their proposal, qualification and experience, John L. Hunter and Associates is recommended to provide professional engineering services in assisting the City comply with the NPDES requirements. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO JOHN L. HUNTER AND ASSOCIATES IN THE AMOUNT OF $27,517.00 FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE CITY'S NPDES PROGRAM FOR FISCAL YEAR 2005-2006, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". 13. REQUEST FOR PROPOSALS FOR NEW STREET SWEEPING CONTRACT 14. 15. Comments: The current street sweeping contract will expire on December 31, 2005. Staff is requesting City Council's approval to send out requests for proposals for the new street sweeping contract. 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 SEND OUT REQUESTS FOR PROPOSALS FOR THE NEW STREET SWEEPING CONTRACT". AMENDMENT TO THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULE AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS Comments: The purpose of this item is to ratify organizational changes that were approved by the City Council with the adoption of the FY 05-06 Budget at the June 21, 2005 Council Meeting. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULES AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS". SELECTION OF A CONSULTANT TO CONDUCT THE DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER RECRUITMENT Comments: The purpose of this item is to have the City Council select Alliance Resource Consulting to conduct the Executive Search and to allocate the funding for this purpose. 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 MAYOR TO EXECUTE AN AGREEMENT WITH ALLIANCE RESOURCE CONSULTING TO CONDUCT THE DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER RECRUITMENT AND AUTHORIZING THE ALLOCATION OF $25,000 FOR SAID SERVICES." 16. 17. 18. ACQUISITION OF REAL PROPERTY LOCATED AT 312 E. TENTH STREET, POMONA, CA RELOCATION OF CHRIST NEW TESTAMENT BAPTIST CHURCH HAM PARK REPLACEMENT PROJECT Comments: As part of the Ham Park Replacement Project property acquisition process, the City has agreed to acquire a property located at 312 E. Tenth Street in the city of Pomona (the "Pomona Property") in order to relocate the Christ New Testament Baptist Church (the "Baptist Church") currently located at 11822 Atlantic Avenue in the City of Lynwood. Pursuant to Government Code Section 27281, the City Council must pass a resolution authorizing the acceptance of a conveyance of the Pomona Property and consenting to the recordation of the grant deed. 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 ACCEPTANCE OF AN INTEREST IN REAL PROPERTY LOCATED AT 312 E. TENTH STREET IN THE CITY OF POMONA, CALIFORNIA AND CONSENTING TO RECORDATION OF GRANT DEED." SECOND READING OF ORDINANCE - ADDING SECTION :3-31 TO THE LYNWOOD MUNICIPAL CODE REGULATING HOTEL OCCUPANCY AND REGISTRATION Comments: The following Ordinance was first read on July 19, 2005, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 3-31 TO THE LYNWOOD MUNICIPAL CODE REGULATING HOTEL OCCUPANCY AND REGISTRATION". Recommendation: Staff recommends that the City Council adopt the attached Ordinance. PILOT PROGRAM - TEMPORARY SIGNS AND OUTSIDE DISPLAY OF MERCHANDISE 3-MONTH PROGRAM FOR COMMERCIAL BUSINESSES CITY-WIDE Comments: The purpose of this item is to inform the City Council of a 3-month program to allow memhants to have limited authorization to utilize temporary signs (i.e. banners and a- frame signs) and display merchandise outside their businesses. The item would be brought back on October 18, 2005. Recommendation: Staff recommends that the City Council provide comments, receive and file. 19. EXECUTION OF CONSULTING SERVICES AGREEMENT FOR RECREATION PROGRAM CONSULTANT Comments: On March 4, 2003, the City of Lynwood entered into a one-year agreement with the Consultant for services in the capacity of Sports Ambassador. When that agreement expired, the City Council passed Resolution No. 2004.032, approving an extension of the agreement on a month-to-month basis through the end of the 2004-2005 fiscal year. On June 21,2005, the City Council voted to extend the consulting services agreement for an additional year. Recommendation: Staff recommends that the Council adopt the following two resolutions relative to entering into a Recreation Program Consulting Services Agreement with Operation Touchdown, Inc., a California non-profit corporation. The term of the proposed Agreement will be one (1) year, with a monthly consulting fee of $3,500.00. This Agreement will continue, redefine and expand the sports consulting services currently provided by the Consultant, who is the president and sole director of Operation Touchdown, Inc. 1. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE RECREATION PROGRAM CONSULTING SERVICES AGREEMENT WITH OPERATION TOUCHDOWN, INC., A CALIFORNIA NON-PROFIT CORPORATION" 2. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF FORTY-TVVO THOUSAND DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE TO FUND THE RECREATION PROGRAM CONSULTING SERVICES AGREEMENT WITH OPERATION TOUCHDOWN, iNC., A CALIFORNIA NON-PROFIT CORPORATION DURING THE 2005/2006 FISCAL YEAR". 20. DISCUSSION ITEMS SPECIAL PERMIT - AUTO SALES FROM TEMPORARY BOOTH 11221 LONG BEACH BOULEVARD, UNIT C (PLAZA MEXICO) Comments: The purpose of this item is for the City Council to consider a special permit request by Sicrea International LLC to allow a temporary booth for the sale of vehicles to families in Mexico from August 15, 2005 to October 15, 2005 Monday through Saturday, 8:00 am. to 5:00 p.m. Recommendation: Staff recommends that the City Council deny the Special Permit request. 21. JOHN D. BYORK HISTORICAL PACIFIC ELECTRIC DEPOT STATION Comments: On February 24, 1994 the former Pacific Electric Red Car Station was dedicated and named in honor of former Mayor, the late, John D. Byork. This structure was relocated to Lynwood City Park and refurbished through the use of State of California grant funds based upon the fact that the building qualifies as a historical landmark. A request has been received from Drive-By Agony, a community-based, non-profit corporation to use the facility. Recommendation: Staff recommends that the City Council review this staff report along with the attached proposal and approve the requested usage by Drive-By Agony for a period not to exceed one-year with the following fees associated with their usage. The proponent pays a monthly rental fee in the amount of $400 that is significantly less than the resident non-profit rental fee for the use of room #1 of the Community/Transit Center. This reduced fee is recommended based upon the size of the facility along with the fact that it does not have water or restroom access. b. The user pays all utility costs such as telephone, electricity as well as the monthly cost of the alarm system for the facility during the term of the agreement. 22. A. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION RAMON RODRIGUEZ, MAYOR MARIA T. SANTILLAN, MAYOR PRO-TEM LOUIS BYRD, COUNClLMEMBER FERNANDO PEDROZA, COUNClLMEMBER LETICIA VASQUEZ, COUNClLMEMBER CLOSED SESSION CLOSED SESSION ITEMS With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Autra C. Adams Employee Organization: Lynwood Employees' Association Lynwood Management Group 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: ONE (1) CASE ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 16, 2005 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: July 25, 2005 Honorable Mayor & Councilmembers N. Enrique Martinez, City Manager AndreaL. Hooper, CityClerk ~ /~ Ofelia Munoz, City Clerk Assistant . SUBJECT: City Council Minutes Recommendation: Staff recommends that the City Council approve the following Minutes: Regular Meeting, June 21, 2005 Regular Meeting, July 5, 2005 Special Meeting, July 13, 2005 Background: N/A Fiscal Impact: N/A Coordinated With: N/A ITEM LYNWOOD CITY COUNCIL REGULAR MEETING JUNE 21, 2005 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 5:10 p.m. Mayor Rodriguez presiding. Councilman Byrd, Pedroza, Santillan, Vasquez and Rodriguez answered the roll call. Also present were City Manager Martinez, 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: PROCLAMATIONS/PRESENTATIONS · Review of City's Financial Audit from Moss, Levy & Hartzheim PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia - Spoke on Item #20 is against the Chamber of Commerce Agreement. Item #22 and Item #23 is against street parties. Item #24 is against Block Watch Party. Item #26 believes that all employees should be on time. Lorene Reed - Spoke on Item #23 explained that the event is for the seniors and is requesting for the Council to fee waive the event. Peter Starr - Spoke on Item #24 stated that he would like for the Council to consider his special permit. City Attorney Beltran - Announced to Council that there is an additional request for a special permit for a street closure involving Olanda Street, would like to request Council's approval to add the Item as #24-A. By general consent it was approved. Rev. Matthew Harris - Spoke on Item #20 stated that he would like for the council's support. PUBLIC ORAL COMMUNICATIONS Frank Calderon - Read a letter to the City Council. Irene Garcia - Stated that the residents of Lynwood are being over taxed. Jack Kean - Commends the sheriff's department for their outstanding work. Alex Landeros - Stated that he hopes that M&D Property completes the project. Antoinette Colmenales - Stated that she would like for council to allow her to put outside displays. Luis Ruellas - Stated that he would like for Council to allow him to put outside displays. Alice Grant - Stated that she is concerned about the City's traffic. Diana Choy - Stated that she would like for Council to allow her to put outside displays. Roman Campos - Stated that he would like for Council to allow him to put outside displays. Chantel Blash - Stated that she would like for Council to approve the Carousel Special Permit. Item//8: MINUTES OF PREVIOUS MEETING It was moved by Mayor Pro Tem Santillan, second by Councilman Pedroza and carried to approve the following Minutes. · Regular Meeting, May 17, 2005 ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC HEARING Item//9: LYNWOOD LIGHTING ASSESSMENT DISTRICT FY 2005-2006 On May 17, 2005, the City Council approved the Engineer's Report, and further proceeded to give notice of the time and place for a public hearing on all matters relating to said assessment district and the proposed assessment rates. The assessment rates will be able $1.62 and $3.01 per front footage for residential and commercial lots, respectively. These rates remain the same as last year. It was moved by Councilman Byrd, second by Councilman Pedroza and carried to open the public hearing. Hearing no response, it was moved by Mayor Pro Tem Santillan, second by Councilman Byrd and carried to close the public hearing. It was moved by Councilman Byrd, second by Councilman Pedroza to set the assessment rate for the Lighting Assessment District at $1.62 and $3.01 per foot of front footage for residential and commercial properties and adopt the following Resolution. RESOLUTION NO. 2005.096 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2005- 2006. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10: LYNWOOD LANDSCAPE DISTRICT FY 2005-2006 MAINTENANCE ASSESSMENT On June 7, 2005, the City Council approved the Engineer's Report and further proceeded to give notice of the time and place for a public hearing on all matters relating to said assessment district and the proposed assessment rates. The assessment rate will be $1.90 per front footage for residential and commercial lots. This rate remains the same as last year. It was moved by Councilman Pedroza, second by Mayor Pro Tem Santillan and carded to open the public hearing. Hearing no response, it was moved by Mayor Pro Tem Santillan, second by Councilman Byrd and carried to close the public hearing. It was moved by Mayor Pro Tem Santillan, second by Councilman Pedroza to set the assessment rate for the Landscape Maintenance Assessment District at $1.90 per foot of front footage for residential and commercial properties and adopt the following Resolution. RESOLUTION NO. 2005.097 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDERING THE LEVY OF ANNUAL ASSESSMENTS FOR THE EXISTING LYNWOOD LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2005-2006. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #11: PARKING AND BUSINESS IMPROVEMENT DISTRICT The purpose of this item is for the City Council of the City of Lynwood to conduct a Public Hearing regarding its intention to levy an assessment against the business enterprises in the Lynwood Parking & Business Improvement District in order to receive input from the public. It was moved by Mayor Pro Tem Santillan, second by Councilman Pedroza and carried to open the public heating. Mark Flores - Respectfully requested a longer period than ninety days. It was moved by Mayor Rodriguez, second by Councilman Pedroza and carried to close the public hearing. It was moved by Mayor Rodriguez, second by Councilman Pedroza to adopt the following Resolution. RESOLUTION NO. 2005.098 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE LEVY OF A CHARGE (ASSESSMENT) AGAINST BUSINESS ENTERPRISES IN THE PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR THE 2005-2006 FISCAL YEAR. And approve the budget disbursement for the 2005-2006 Fiscal Year in the amount of $272,500 be allocated as follows: Funding in the amount of $52,750 to provide for business outreach programs such as ½ of the cost to fund the Lynwood Chamber of Commerce. The balance of funding in the amount of $219,750 is allocated for such programs as those identified by the Mayor's task Force to Eradicate Gangs and the Sheriff's Business District Improvement Activities. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item//12: ANNUAL BUDGET FOR FISCAL YEAR 2005-2006 The purpose of this item is to have the Lynwood City Council conduct a public hearing regarding the proposed budget and adopt the attached resolution approving the Operating and Capital Improvement Project Budget for fiscal year 2005-2006. It was moved by Councilman Pedroza, second by Councilwoman Vasquez and carried to open the public hearing. Hearing no response, it was moved by Councilman Byrd, second by Mayor Rodriguez and carried to close the public hearing. It was moved by Mayor Pro Tem Santillan, second by Councilman Pedroza to adopt the following Resolution, with an amendment budget for a coordinator of Girls & Women's Sports, and also that the contracts continue in place pending that option and further the modifications that Councilmember Byrd requested that at least a ninety day notice for action on the contract before expiration be put in the contract. RESOLUTION NO. 2005.099 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE ANNUAL OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2005-2006. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODmGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item//13: APPROPRIATION LIMIT FOR FISCAL YEAR 2005-2006 The purpose of this item is to have the Lynwood City Council hold a public hearing pursuant to Article XIIIB of the California Constitution to establish the maximum fiscal year 2005-2006 Annual Appropriation Limits for the City of Lynwood. It was moved by Councilman Pedroza, second by Councilman Byrd and carried to open the public hearing. Hearing no response, it was moved by Mayor Pro Tern Santillan, second by Councilman Byrd and carried to close the public heating. It was moved by Councilman Pedroza, second by Councilman Byrd to adopt the following Resolution. RESOLUTION NO. 2005.100 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING THE APPROPRIATION LIMIT FOR FISCAL YEAR 2005-2006 PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, YASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #14: A JOINT PUBLIC HEARING FOR CONSIDERATION OF A DDA WITH ACCESS COMMUNITY HOUSING INC. FOR THE DEVELOPMENT OF 3 ATTACHED SINGLE-FAMILY HOUSES LOCATED AT 4267 FERNWOOD The purpose of this item is to have a joint public hearing for the consideration of a disposition and development agreement (DDA) between the City and Access Community Housing Inc. for the development of 3 attached single-family houses for low and moderate-income families who meet the 80% median income. It was moved by Member Byrd, second by Member Pedroza and carded to open the public hearing. Heating no response, it was moved by Pedroza, second by Mayor Pro Tem Santillan and carried to close the public hearing. It was moved by Mayor Pro Tem Santillan, second by Councilman Pedroza to continue the Item for the July 19th Regular Council Meeting. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE 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 to be removed from the Consent Calendar for separate action. Councilwoman Vasquez - Pulled Item #16 and Item # 19. Mayor Pro Tem Santillan - Pulled Item #20. It was moved by Mayor Pro Tem Santillan, second by Councilman Pedroza to adopt the following Ordinance and Resolutions. Item #15: WARRANT REGISTER RESOLUTION NO. 2005.101 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF TItE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE. Item #17: WEED ABATEMENT PROGRAM FOR 2004-2005 Section 39560 through 39587 of the Government Code allows cities to abate weeds on parcels and collect the cost through a special assessment pertaining to those parcels. On September 7, 2004, the City Council directed staff to abate weeds on certain parcels of land within the City of Lynwood by approving Resolution No. 2004.146. RESOLUTION NO. 2005.102 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DIRECTOR OF ENVIRONMENTAL SERVICES REPORT, AND AUTHORIZING THE LEVY OF ASSESSMENT COVERING THE EXPENSE OF ABATING DRY AND DRYING WEEDS FOR THE 2004-2005 FISCAL YEAR. Item #18: ORDINANCE SECOND READING - APPROVING ZONE CHANGE NO. 2005-01 CHANGING THE ZONING DESIGNATION FROM P-1 TO CB-1 AT 4335, 4337 AND 4343 AGNES ORDINANCE NO. 1566 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2005-01; CHANGING THE ZONING DESIGNATION FROM P-1 (PARKING) TO CB-1 (CONTROLLED BUSINESS) ON AN 11,847 SQUARE FOOT PARCEL LOCATED AT 4335, 4337 AND 4343 AGNES STREET IN ORDER TO DEVELOP A 4,200 SQUARE FOOT COMMERCIAL BUILDING FURTEHR DESCRIBED AS ASSESSOR PARCEL NUMBERS 6189-018-030, 031 AND 047, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. Item #21: TREASURERS QUARTERLY INVESTMENT REPORT The purpose of this item is to have the Honorable Mayor and the Lynwood City Council review the Treasurer's Quarterly Investment Report as required by State Statutes. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item $$16: REQUEST FOR PROPOSAL - STUDY IMPLEMENT DEVELOPMENT FEES BUILDING PERMIT FEES, BUILDING PLAN CHECK FEES, PARK FEES AND DEVELOPMENT IMPACT FEES The purpose of this item is for the City Council to review and approve the attached request for Proposal (RFP) to study current building permit and plan check fees and to research park fees, development fees and other applicable impact fees. It was moved by Councilwoman Vasquez, second by Councilman Pedroza to approve the RFP, direct staff to proceed with advertising, and bring back a proposal for consideration at a future City Council meeting. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND ROD~GUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item $$19: REQUEST FOR PROPOSAL - SPECIFIC PLAN FOR LONG BEACH BOULEVARD The purpose of this item is for the City Council to approve advertising the attached Request for Proposal (RFP) for a qualified consultant to draft a Specific Plan for Long Beach Boulevard. It was moved by Councilwoman Vasquez, second by Councilman Pedroza to approve the attached RFP, provide any comments, and approve the RFP for publication in the two (2) local newspapers. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND ROD~GUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item $$20: AGREEMENT WITH THE LYNWOOD CHAMBER OF COMMERCE In the past, the City has entered into an agreement with the Lynwood Chamber of Commerce to provide information, promotion and professional services to the general public, business community, visitors and business prospects. The funding sources for this agreement have included the Parking and Business Improvement District along with the Lynwood Redevelopment Agency. It was moved by Mayor Rodriguez, second by Councilman Pedroza to approve the six (6) month extension period and bring back the agreement with the amended modifications for the July 5, 2005 City Council meeting. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE DISCUSSION ITEMS Item #22: SPECIAL PERMIT REQUEST CAROUSEL 3100 IMPERIAL HIGHWAY (PLAZA MEXICO) The purpose of this item is for the City Council to consider a special permit request to allow the installation and operation of a carousel within the Plaza Mexico Shopping Center located at 3100 Imperial Highway in the CB-1 (Controlled Business) zone. It was moved by Councilman Pedroza, second by Councilman Byrd to approve the special permit with all conditions set forth by staff. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODmGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #23: SPECIAL PERMIT REQUEST PLACO INVESTMENT LLC JAZZ FESTIVAL AT PLAZA MEXICO Placo Investment LLC is requesting a permit to conduct a Jazz Festival on the Plaza Mexico property Saturday, August 6, 2005. The purpose of the event is to help raise funds for the Lynwood Senior Center Building Fund. It was moved by Councilman Pedroza, second by Councilman Byrd to approve the special permit with all conditions set forth by staff. NOES: ABSTAIN: ABSENT: ROLL CALL: AYES: COUNCILMEN PEDROZA, RODRIGUEZ COUNCILMEN BYRD NONE NONE SANTILLAN, VASQUEZ AND Item #24: REQUEST FOR SPECIAL PERMIT PARTIAL STREET CLOSURE ON CORTLAND AVENUE The purpose of this item is to review a request from Peter Starr for a special permit to close a portion of Cortland Avenue from Ernestine to Muriel on July 4, 2005 from 10:00 a.m. to 7:00 p.m. for a block watch party. It was moved by Mayor Pro Tem Santilla, second by Councilman Byrd to approve the special permit and waive the street closure fee. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND ROD~GUEZ NOES: NONE ABST~N: NONE ABSENT: NONE Item #24-A: REQUEST FOR SPECIAL PERMIT PARTAIL STREET CLOSURE ON OLANDA STREET It was moved by Councilman Pedroza, second by Mayor Rodriguez to approve the special permit and waive the street closure fee. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND ROD~GUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #25: PERFORMANCE MEASURES On May 31, 2005 at the FY 2005-2006 Budget Workshop the City Manager introduced the performance measurement concept to the City Council. The purpose of integrating performance measurement in the City's Management System is to improve the efficiency and effectiveness of the City's operations in order to make Lynwood a better place to live and work. It was moved by Councilman Pedroza, second by Mayor Pro Tem Santillan to approve the City's Performance Measurement Program, direct the City Manager to include measures in the FY 2005-2006 Budget and approve the appropriation of $5,000.00 to join the Center for Performance Measurement. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #26: PROPOSED TRANSIENT OCCUPANCY TAX ORDINANCE The purpose of this item is to provide the City Council with important information relating to the proposed Transient Occupancy Tax Ordinance in preparation for placing said Ordinance on the general election ballot for voter approval. It was moved by Mayor Pro Tem Santillan, second by Councilman Pedroza to continue the item to a future City Council meeting. CLOSED SESSION Item//27: CLOSED SESSION ITEMS City Attorney Beltran stated with respect to every item of business to be discussed in Closed Session Pursuant to Section 54956.8 Ham Park Replacement Parcels Alicia Bailon v. City of Lynwood LASC Case Number TC 018295 Conference with Legal Counsel - Anticipated Litigation It was moved by Councilman Pedroza, second by Councilman Byrd and carried to recess the closed session at 10:50 p.m. Council reconvened at 11:35 p.m. City Attomey Beltran stated that the Council met on the aforementioned matters and reported on: A. Ham Park Replacement Parcels: Council reached consensus providing further instructions to the real property negotiator. B. Alicia Ballon v. City of Lynwood LASC Case Number TC 018295: Council reached consensus approving the settlement of the matter. C. Conference with Legal Counsel - Anticipated Litigation: No action was taken ADJOURNMENT Having no further discussion, it was moved by Councilman Pedroza, seconded by Councilman Byrd and carried to adjourn the Regular Council Meeting at 11:40 p.m. Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk LYNWOOD CITY COUNCIL REGULAR MEETING JULY 5, 2005 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 5:17 p.m. Mayor Rodriguez presiding. Councilman Byrd, Pedroza, Santillan, Vasquez and Rodriguez answered the roll call. Also present were City Manager Martinez, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia - Spoke against #11 Warrant Register. Spoke against item #22 Chamber of Commerce Contract Extension, Spoke against #24 Lynwood Senior Citizens Advisory Board Consulting Firm. Spoke on #25 Proposed Transient Occupancy Tax Ordinance, questioned how much it would cost taxpayers for this to be put on the ballot. Alex Landeros - Spoke in favor of #23 Special Permit Request for El Faro Restaurant anniversary celebration. Lorene Reed - Spoke against any changes regarding #24 Lynwood Senior Citizens Advisory Board and stated that they Advisory Board was not notified that this was going to be on the Agenda. Frank Calderon - Spoke against any changes regarding #24 Lynwood Senior Citizens Advisory Board. PUBLIC ORAL COMMUNICATIONS Ernestine Austin - Stated that she is on the Senior Board and does not agree with how it is run. Also, wrote a letter to the City Manager and has not heard from him regarding this matter. Mrs. Quinn - Stated she needs help getting taxi vouchers so she can continue her treatments for her health. Hyde Padahid - Stated that her performance group will have a workshop on July 28th at the Youth Center and also is asking for donations for the performance group. Irene Garcia - Stated she would like a total ban on fireworks, people using cell phones at gas stations, and smoke coming from the Lynwood trolley's. Alice Grant - Stated that she had e-mailed Councilwoman Vasquez and she had not received a response, regarding the parking permits. Sandra Martinez - Wanted to thank the Council for the proclamation on behalf of the Lynwood swim team. Jack Kean - Stated that he is happy to see that there are more Sheriffs in the City. Lionso Guzman - Stated that the Latino Chamber of Commerce gave a copy of the budget to the City Manager to obtain help form the City and hopes Council will support it. Sal Alatorre - Stated that he does not like they way the minutes are being done. He feels that the City Manager is taking their right of free speech away, and wants everything said to be written down. Alex Landeros - Stated that he does not like the way the minutes are being done. Also it takes up to three (3) weeks to receive public information, and tapes take up to two (2) weeks to receive. Paulette Bradley -Stated she enjoyed the City Fireworks, and the City should help the young residents that are faced with life threatening situation in this City. Thanked the Council for addressing the Advisory Board and hope changes would be made. Sylvia Ortiz - Stated that Council should hire in-house rather then open requirement regarding the women and gifts sports staff. Irene Garcia - Stated that she does not like the way the minutes are being done, and stated that the beer advertisement at Plaza Mexico is putting the City in a negative light. Emestine Austin - Stated the traffic from the High School on imperial is dangerous. She repeatedly asks for help from Council and as of yet has not received anything from them. Item 06: PROCLAMATIONS/PRESENTATIONS Recreation & Parks Month - Lorene Reed National Aquatics Week - Sandra Martinez Donation for Senior Center - Red Hat Society Ruth Daniels & Paulette Bradley Donated a Check for $500.00 dollars for the Senior Center. Item #7: COUNCIL RECESS TO: Lynwood Redevelopment Agency Lynwood Information Inc. Lynwood Public Finance Authority Lynwood Utility Authority Item #8: MINUTES OF PREVIOUS MEETINGS: It was moved by Councilman Pedroza, seconded by Councilman Byrd to approve the following minutes. · Special Meeting - May 31, 2005 ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE PUBLIC HEARING It was moved by Mayor Pro -Tem Santillan seconded by Councilman Pedroza and carried to open the Public Hearing. Hearing no discussion it was moved by Mayor Pro -Tem Santillan seconded by Councilwoman Vasquez and carried to close the Public Hearing. Item #9: APPEAL No. 2005-03 (CONDITIONAL USE PERMIT NO. 2005-11) 11833 ATLANTIC AVENUE AND 4335 - 4343 AGNES AVENUE The purpose of this item is for the City Council to conduct a public hearing to consider an appeal of conditions pertaining to off- site improvements set forth by the Lynwood Planning Commission in Resolution 3075 and approving Conditional Use Permit No. 2005 - 11. The project includes development of two (2) commercial buildings totaling 12,300 square feet in area on the northwest comer of Atlantic Avenue and Agnes Avenue. Director of Development Services Grant Taylor gave a report to council After Council discussion it was moved by Mayor Pro -Tem Santillan, seconded by Mayor Rodriguez to deny appeal no. 2005-03 thereby upholding all conditions set forth by the Lynwood Planning Commission in Resolution 3075 RESOLUTION NO. 2005.103 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING APPEAL NO. 2005.03 THEREBY UPHOLDING THE DECISION OF THE LYNWOOD PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2005.11 WITH ALL CONDITIONS; TO CONSTRUCT TWO (2) COMMERCIAL BUILDINGS, ONE-STORY IN HEIGHT, ON TWO (2) SEPARATE PARCELS TOTALING 12,300 SQUARE FEET IN AREA LOCATED AT 11833 ATLANTIC AVENUE AND 4335- 4343 AGNES STREET IN THE CB-1 (CONTROLLED BUSINESS) ZONE. THE PROPERTY FACING ATLANTIC AVENUE WOULD BE DEVELOPED WITH AN 8,100 SQUARE FOOT BUILDING AND THE PROPERTY FACING AGNES STREET WIL BE DEVELOPED WITH A 4,200 SQUARE FOOT BUILDING. THE PROJECT INCLUDES CONSOLIDATING THIRTEEN (13) LOTS AND PORTIONS OF PUBLIC ALLEYS INTO TWO (2) PARCELS AND CHANGING THE ZONING DESIGNATION ON AGNES STREET FROM P-1 (PARKING) TO CB-I (CONTROLLED BUSINESS). THE PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF ATLANTIC AVENUE AND AGNES STREET, ASSESSOR PARCEL NUMBERS 6189-018-030, 031, 046 AND 047, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA". AYES: COUNCILMAN PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEN BYRD Item #10: APPEL NO. 2005 - 04 (CONDITIONAL USE PERMIT NO. 2005-14) 4271 CARLIN AVENUE. The Purpose of this item is for the City Council to conduct a public hearing to consider an appeal of the planning commission decision to deny Conditional Use Permit No. 2005 - 14, a proposal to establish and operate a transitional living facility at 4271 Carlin Avenue in the R - 3 (Multiple - Family Residential) zone. It was moved by Councilman Pedroza, seconded by Mayor Pro -Tem Santillan and carried to open the Public Hearing. Rob White - Spoke against the item. James Wolf- Spoke against the item. Joshes Triponovich - Fifty percent manager of Tri~Care stated he is in favor of the item. Joe Battle - Spoke against the item. Sharon Frambose - Spoke against the item. Beth Goodman - Spoke in favor of the item. Mrs. Guzman - Spoke against the item. Jean Williams - Spoke against the item. Richard Chapman - Spoke in favor of the item. Ms. Gimbals - Spoke in favor of the item. Charles Gant - Spoke in favor of the item. Georgie McKinney - Spoke against the item. Hearing no further discussion it was moved by Councilman Byrd, seconded by Councilman Pedroza to close the Public Hearing. Director of Development Services Grant Taylor gave a report to council After Council discussion it was moved by Mayor Pro -Tem Santillan seconded by Mayor Rodriguez to deny appeal no. 2005-04 thereby upholding the decision of the Lynwood Planning Commission to deny conditional use Permit No.2005-14. And adopting the resolution entitled. RESOLUTION NO. 2005.104 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING APPEAL NO. 2005- 14; A REQUEST TO ESTABLISH AND OPERATE A TRANSITIONAL LIVING FACILITY/HOMELESS SHELTER WITHIN AN EXISTING ONE-STORY BUILDING LOCATED AT 4271 CARLIN AVENUE, ASSESOR PARCEL NUMBERS 6186-011-025, IN THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: COUNCILMEN PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NOES: COUNCILMAN BYRD ROLL CALL: 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 to be removed from the Consent Calendar for separate action. Mayor Pro -Tem Santillan pulled #13 Councilwoman Vasquez pulled #20, #21, and #22 It was moved by Councilman Byrd, second by Councilman Pedroza to receive and file and adopt the following Resolutions. Item #11: APPROVAL OF THE WARRANT REGISTERS RESOLUTION NO. 2005.105 ENTITLED: "ALLOWING AND APPROVING RESOLUTION OF THE CITY COUNCIL OF THE CITYOF LYNWOOD APPROVING THE DEMANDS AND ORDERING WARRANTS THEREFORE." Item #12: WEED ABATEMENT PROGRAM FOR 2005 - 2006 Staff has recently completed a citywide survey of properties with dry and drying weed problems. The attached resolution sets a public hearing on performing said work on the listed parcels. The hearing date is scheduled for July 19, 2005 in the City Hall Council Chambers. RESOLUTION NO. 2005.106 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO ABATE DRY AND DRYING WEEDS ON CERTAIN PARCELS OF LAND IN THE CITY OF LYNWOOD FOR FISCAL YEAR 2005 - 2006." Item #14: ACCEPTANCE OF VIRGINIA AVE. (STATE TO LINDBERGH) AND JOSEPHINE ST. (BULLIS TO MURIEL), PROJECT NO. 05-5299 On March 1, 2005 the City Council awarded a contract to Ranco Corporation, for the Virginia Ave. and Josephine St., Street Improvement Project, Project No. 05-5299. All construction work on the project has been completed. The project is ready for acceptance. RESOLUTION NO. 2005.017 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE VIRGINIA AVE. {STATE TO LINDBERGH) AND JOSEPHINE ST., (BULLIS TO MURIEL), STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5299, AS BEING COMPLETE." Item #15: ACCEPTANCE OF MURIEL AVE. (PALM TO CARLIN,) CORNISH AVE. (MAGNOLIA TO AGNES), CORNISH AVE. (WOODLAWN TO MARTIN LUTHER KING), ANNETTA AVE. (WOODLAWN TO MARTIN LUTHER KING), COLYER AVE. (SHIRLEY TO LE SAGE), HULME AVE. (MARTIN LUTHER KING TO LYNDORA) AND WASHINGTON AVE. (PENDLETON TO ABBOTT) PROJECT NO. 05-2599 On February 15, 2005 the City Council awarded a contract to Orion Contractors Inc., for Street Improvement Project, Project No. 05-5299. All construction work on the project has been completed. The project is ready for acceptance. RESOLUTION NO. 2005.108 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING THE MURIEL AVE. (PALM TO CARLIN), CORNISH AVE. (MAGNOLIA TO AGNES) CORNISH AVE. (WOODLAWN TO MARTIN LUTHER KING), ANNETTA AVE. (WOODLAWN TO MARTIN LUTHER KING), COLYER AVE. (SHIRLEY TO LE SAGE). HULME AVE. (MARTIN LUTHER KING TO LYNDORA) AND WASHINGTON AVE. (PENDLETON TO ABBOTT) STREET IMPROVEMENT PROJECT, PROJECT NO. 05-5299, AS BEING COMPLETE" Item #16: ACCEPTANCE OF AN IRREVOCABLE EASEMENT OFFER DEDICATED FOR STREET PURPOSES AT 3056 REDWOOD AVENUE. The conditions of approval for the development of a second single-family residence, two- story in height with and attached 2 - car garage at 3056 Redwood Avenue (SPR Case 2005 - 11) includes an irrevocable dedication for a five (5) feet wide strip of property along Redwood Avenue. RESOLUTION NO. 2005.109 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ACCEPTING AN IRROVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3056 REDWOOD AVENUE." Item #17: ACEPTANCE OF AN IRREVOCABLE EASEMENT OFFER DEDICATED FOR STREET PURPOSES AT 3511 BURTON AVENUE. The conditions of approval for the development of a second single-family residence, one- story in height with an attached 2 - car garage at 3511 Burton Avenue (SPR Case 2005- 02) Includes an irrevocable dedication for a five (5) feet wide strip of property along Burton Avenue RESOLUTION NO. 2005.110 ENTILTED: "A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF LYNWOOD ACCEPTING AN IRROVOCABLE EASEMENT OFFER OF DEDICATION FOR STREET PURPOSES AT 3511 BURTON AVENUE." Item #18: CONTRACT AMENDMENT FOR MACTEC PAVEMENT MANAGEMENT SYSTEM MACTEC had been retained by the City to complete the Pavement Management System. MACTEC has requested compensation for additional design work beyond the original scope of work of the contract. The additional cost is $3,200. RESOLUTION NO. 2005.111 ENTIT!,EB: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE AMENDMENT TO MACTEC'S CONTRACT FOR THE DESIGN OF THE PAVEMENT MANAGEMENT SYSTEM AND AUTHORIZE THE MAYOR TO EXECUTE THE CINTRACT AMENDMENT." Item//19: PROPOSITION A DISCRETIONARY INCENTIVE FUNDS The City had participated in reporting operational and financial statistics to the National Transit Database for the Blue line Trolley. In return for participation, the City will be receiving Proposition a Discretionary Grant funds from the Metropolitan Transit Authority (MTA). In order to receive these funds, MTA requests that the City execute a Memorandum of Understanding, which requires the Mayor's signature. RESOLUTION NO. 2005. 112 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNW'OOD AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY RELATING TO PROPOSITION A DISCRETIONARY GRANT FUNDS". ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE Item//13: REPLACEMENT OF GYMNASIUM ROOF The roof over the gymnasium located at the Community Center has badly deteriorated and needs to be replaced before the next rainy season. To expedite the roof replacement, approval of the informal bidding process as allowed in Section 6-3.13c of the Lynwood Municipal Code is necessary. City Manager Martinez gave a brief description of the item. Interim Director of Environmental Services / City Engineer Paul Nguyen gave Council a brief report. After Council discussion it was moved by Mayor Pro- Santillan, seconded by Councilman Pedroz to adopt the attached Resolution. RESOLUTION NO. 2005.113 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE INFORMAL BIDDING PROCESS FOR THE REPLACEMENT OF THE GYMNASIUM ROOF." ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE Item #20: ACQUISITION OF SUPLUS CAL TRANS PROPERTY - IMPERIAL HIGHWAY AND MONA BOULEVARD, CAL TRANS DEED NO. 055992 - 02 - 01 The purpose of this item is to authorize and direct staff to proceed with the acquisition of the property in question approximately 2,628 square feet of land in an irregular shaped lot for open space purposes and the possible location of a billboard under the terms and condition of the agreement with Bulletin Displays. Al~er Council discussion it was moved by Councilman Pedroza, seconded by Mayor Rodriguez to adopt the attached Resolution. RESOLUTION NO. 2005.114 ENTITLED:. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD EXPRESSING THE CITY'S INTENT TO ACQUIRE CAL TRANS SURPLUS PROPERTY AT IMPERIAL HIGHWAY AND MONA BOULEVARD (CAL TRANS DEED NO. 055992 - 02 - 01) ROLL CALL: AYES: COUNCILMEN PEDROZA, SANTILLAN, AND RODRIGUEZ NOES: COUNCILMEN BYRD, VASQUEZ ABSTAIN: NONE ABSENT: NONE Item #21: WOMEN AND GIRLS SPORTS STAFF At the regularly scheduled meeting of June 21, 2005 the City Council directed staff to bring back options in order to direct greater staff resources towards the planning, development and implementation of Women's and Girl's Sports Programs. This report provides the requested options along with activities associated with defraying the additional costs. After Council discussion it was moved by Councilwoman Vasquez, seconded by Councilman Byrd to approve option #2 of the staffreport based on the current limited inventory of field space and adopt the attached Resolution. RESOLUTION NO. 2005.115 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF TWENTY-NINE THOUSAND DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE TO FUND ONE PART - TIME RECREATION SPECIALIST IN THE RECREATION & COMMUNITY SERVICES DEPARTMENT TO DEVELOP, ORGANIZE AND IMPLEMENT A COMPREHENSIVE WOMEN'S AND GIRL'S SPORTS PROGRAM". ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE Item #22: CHAMBER OF COMMERCE CONTACT EXTENSION The current agreement between the City of Lynwood and the Lynwood Chamber of Commerce was due to expire on June 30, 2005. Based on the information presented at the June 21, 2005 joint meeting of the Lynwood City Council and the Lynwood Redevelopment Agency, the City Council determined that it was not in the best interest of the City to enter in a long-term contract, given the legal challenges currently facing the chamber. The City Council approved an extension of the agreement for an additional term of six months, with the addition of certain other terms and conditions. Director of Recreation & Community Services Jim Given gave a brief report. City Attorney Beltran answered Council questions. After Council discussion it was moved CouncilmAn Pedroza seconded by Mayor Rodriguez to approve the extension of the agreement for a period of six months adopting the attached resolution. RESOLUTION ON. 2005.116 ENTITLED: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO THE AGREEMENT WITH THE LYNIVOOD CHAMBER OF COMMERCE FOR PROFESSIONAL SERVICES." ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE After Council discussion a substitute motion was moved by Councilman Pedroza seconded by Mayor Rodriguez to approve that Lynwood Chamber of Commerce give a monthly audit report to the City. ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE DISCUSSION ITEMS Item #23: SPECIAL PERMIT REQUEST- 11125 ATLANTIC AVENUE The purpose of this item is to have the City Council consider a request from Mr. Jose Garcia of El Faro Restaurant for a special permit to conduct an anniversary celebration at 11125 Atlantic Avenue on Friday, Saturday and Sunday July 22nd through 24th 2005. It was moved by Mayor Pro -Tem Santillan, second by Councilman Pedroza to approve the Special Permit Request based upon the following conditions: The proponent must agree to meet the city of Lynwood permit requirements. The proponent has met all requirements set forth by the Fire Department. The proponent must agree to provide the security requirement set forth by the Sheriff Department. The proponent must agree to keep the noise levels within those prescribed by the Lynwood Municipal Code. ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ NONE NONE NONE Item #24: LYNWOOD SENIOR CITIZENS ADVISORY BOARD The Lynwood City Council formally recognized the Lynwood Senior Citizens Advisory Board in July 2003 as the body designated to advise the City Council relative to senior citizen issues. Staff has prepared this report in an effort to provide an assessment for consideration relative to the function for the Lynwood Senior Citizens Advisory Board. After Councils discussion it was moved by general consent to continue this item. ROLL CALL: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZAND RODRIGUEZ NONE NONE NONE Item//25: PROPOSED TRANSIENT OCCUPANCY TAX ORDINANCE The purpose of this item is to comply with the California Code requirements, And hold a public meeting whereby the public will be able to give testimony on the proposed ordinance. Deputy City Attorney Mizarahi gave Council a brief report. After Council discussion it was moved by Councilman Byrd, seconded by Councilman Pedroza to receive and file this report. CLOSED SESSION Item #21: CLOSED SESSION ITEMS City Attorney Beltran stated, with respect to every item of business to be discussed in Joint Closed Session Pursuant to Section 54957.6: A. With respect to every item of business to be discussed in closed session pursuant to Section 54956.9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) o£ section 54956.9) Name of Case: Laverne Jackson and Jackson & Associates v. City of Lynwood. Case No. BC288238 Name of Case: Thomas v. City of Lynwood Case No. BC288238 Name of Case: Patricia A. Wright v. City of Lynwood, et. al Case No. TC017838 Name of Case: Regency Outdoor Advertising, Inc. v. City of Lynwood Case No. BC285256 B. 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: ONE (1) CASE (UMMIC) C. With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by address and Assessor Parcel Numbers in Attachment "A" City Negotiators: City Council City Manager, City Attorney, Kent Melton and Grant Taylor. Negotiating Parties: See listing of properties and property owners in Attachment "A" to the agenda. Under Negotiations: Price and terms of payment - Seeking authority to make an offer to Seller for acquisition of property and where appropriate, value of immovable fixtures and equipment, provision, are appropriate. Relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. It was moved by Councilman Pedroza, seconded by Councilman Byrd and carried to recess the Joint Closed Session at 8:08 p.m. Council reconvened at 9:45 p.m. City Attorney Beltran stated that the Members met on the aforementioned matters and reported on: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Name of Case: Laverne Jackson and Jackson & Associates v. City of Lynwood. Case No. BC288238 A brief status report was provided but no action was taken at this time. Name of Case: Thomas v. City of Lynwood Case No. BC288238 A brief status report was provided but no action was taken at this time. Name of Case: Patricia A. Wright v. City of Lynwood, et. Al Case No. TC017838 A brief status report was provided but no action was taken at this time. Name of Case: Regency Outdoor Advertising, Inc. v. City of Lynwood Case No. BC285256 A brief status report was provided but no action was taken at this time. B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION ONE (1) CASE (UMMIC) After discussion Council reached consensus 5-0 basis and provided further direction to the staff and the City Attorney and the disposition of this matter. C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Properties: See listing of properties by address and Assessor Parcel Numbers in Attachment "A" City Negotiators: City Council City manager, City Attorney, Kent Melton and Grant Taylor. Negotiating Parties: See listing of properties and property owners in Attachment "A" to the agenda. Under Negotiations: Price and terms of payment - Seeking authority to make offer to Seller for acquisition of property and where appropriate, value of immovable fixtures and equipment, provision of appropriate. Relocation benefits and compensation for potential loss of goodwill to parties legally entitled thereto. Council was provided with a report on the property that is listed. As to a particular property Council reached Consensus and provided direction regarding the Church located on 11822, 11832 Atlantic Avenue and those instructions where provided on a 5 - 0 bas for implantation by staff and special consultant Universal Field Services Inc. on that disposition of that matter. ADJOURNMENT Having no further discussion, it was moved by Councilman Pedroza, seconded by Councilman Byrd and carried to adjourn the Regular Council Meeting at 9:50 p.m. in the memory of Richard Armstrong. Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk LYNWOOD CITY COUNCIL SPECIAL MEETING JULY 13, 2005 The City Council of thc City of Lynwood met in a Special Meeting in the Council Chambers, 11330 Bullis Road on thc above date at 4:35 p.m. Mayor Rodriguez presiding. Councilmen Byrd, Pedroza, Santillan, Vasquez and Rodriguez answered the roll call. Also present were City Manager Martinez, City Attorney Beltran, City Clerk Hooper and City Treasurer Pygatt. City Clerk Hooper announced that the Agenda had been duly posted in accordance with the Brown Act. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Irene Garcia - Spoke on #5 Amendment to the Classification Plan, Management and General Employees Salary Schedule and authorizing the reclassification of identified incumbents. Questioned when was this posted? Spoke on #6 Proposed Transient Occupancy Tax Ordinance. Wanted to know how much money was spent for this item for consultants? PUBLIC ORAL COMMUNICATIONS Frank Calderon - Stated he has some concerns on the Proposed Transient Occupancy tax. Irene Garcia - Stated that Council needs to further look into this matter. Sal Martinez - Question Council if they intended to do an RFP for tree trimming for the City. Alex Landeros - Stated to his understanding there is no contract for tree trimming and questioned if the Council is going to open it up to an RFP. Margaret Aurajo - Spoke in favor of item #5, and questioned on exactly how item #6 is going to be monitor. Irene Garcia - Stated she only sees the City employees cutting tress, and that she cuts her own tree and her neighbors. DISCUSSION ITEMS Item #5: AMENDMENT TO THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULE AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS The purpose of this item is t ratify organizational changes that were approved by the City Council with the adoption of the FY 05 - 06 Budget at the June 21, 2005 Council Meeting. Substitute Motion It was moved by Councilwoman Vasquez, seconded by Councilman Byrd to continue this item and to bring back a more equal comprehensive plan for all the employees in an increase of salary. ROLL CALL: AYES: COUNCILMEN BYRD, PEDROZA, VASQUEZ, NOES: COUNCILMEN SANTILLAN, RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Motions Passes Item #6: PROPOSED TRANSIENT OCCUPANCY TAX ORDINANCE The purpose of this item is to provide the Council with additional information relative to the proposed Transient Occupancy Tax and also to hold an additional public meeting as required by the Govemment Code. Deputy City Attorney Mizarahi gave Council a brief presentation and responded to some of the residents concerns. After Council discussion it was moved by Councilman Byrd, seconded by Mayor Rodriguez to continue this item. ROLL CALL: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ, AND RODRIGUEZ Item #7: CLOSED SESSION ITEMS CLOSED SESSION City Attomey Beltran stated, with respect to every item of business to be discussed in Joint Closed Session Pursuant to Section 54956.6: 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: ONE (1) CASE It was moved by Councilman Pedroza, second by Councilman Byrd and carried to recess the Joint Closed Session at 5:45 p.m. Council reconvened at 6:45 p.m. City Attorney Beltran stated that the Members met on the aforementioned matters and reported on: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION ONE (1) CASE After staff presentation on this matter, Council reached consensus and provided further instruction on the disposition of this item. Staff was provided with further instruction on the following basis. The direction was from Councilman Pedroza, Councilman Byrd, and Councilwoman Vasquez. There was one No vote from the Mayor Rodriguez and one abstention from Mayor Pro- Tern Santillan. ADJOURNMENT Having no further discussion, it was moved by Councilman Byrd, seconded by Councilman Pedroza and carried to adjourn the Special Council Meeting at 9:50 p.m. Ramon Rodriguez, Mayor Andrea L. Hooper, City Clerk AGENDA STAFF REPORT DATE: August 2, 2005 TO: APPROVED BY: Honorable Chairman & Members of the Agency N. Enrique Martinez, Executive Director/~'',~'] PREPARED BY: Louis Morales, Deputy Executive Director Leaonna Fletcher, Interim Housing Associate SUBJECT: Recommendation: Joint Public Hearing for Consideration of the Disposition and Development Agreement with Access Community Housing for the Development of Three (3) Single Family Units. Staff respectfully recommends that the Agency open the public hearing accept public comment and approve the DDA and adopt the following resolutions: A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING FOR THE DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES UTILIZING 2001 AND 2002 HOME PROGRAM CHDO FUNDS A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING A RESOLUTION OF THE CITY COUNCIL APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING FOR THE DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES UTILIZING 2001 AND 2002 HOME PROGRAM CHDO FUNDS 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 AGENDA ITEN BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING Background: This item facilitates a joint public hearing for the consideration of the Disposition and Development Agreement (DDA) between the Agency and Access Community Housing ("the Developer") for the development of three (3) single- family attached residential units at 4267 Fernwood Avenue (the "Site"). On April 19, 2005, the City Council authorized the purchase of the Site from Caltrans in the amount of $179,500. The City is in the process of completing the acquisition of property. On June 7, 2005, the Agency heard the Developer's presentation to develop three (3) Single-Family residential units on the Site. The Agency approved the development concept and the use of CHDO Funds for FY 2001-$108,300, FY 2002 - $104,250, and FY 2003 - $105,052 to make each of the three homes affordable to qualified Iow income families meeting 80% of area median income ("AMI"). The Agency will be utilizing HOME funds to meet the CHDO requirement set forth by HUD using 15% of the City's annual allocation to a Community Housing Development Organization (CHDO). The Agency is required to spend the 2001 and 2002 CHDO allocation by August 31, 2005. On June 21, 2005 the Agency continued the public hearing to approve a DDA to development three homes and use of CHDO Funds for FY 2001- $108,300 and FY 2002 - $104,250, and FY 2003 - $105,052 as the Agency was awaiting the release of the 2003 HOME allocation from the Department of Housing and Urban Development ("HUD"). As a result of the delay of the release of funds from HUD and the fact that the Agency has a deadline date of August 31, 2005 to expend the 2001 and 2002 CHDO allocation, the DDA was modified to exclude the 2003 CHDO allocation and the DDA was re-advertised. Although only two years of CHDO allocation are being proposed for the project, all three units will be restricted to families meeting 80% of AMI. The Agency and Developer have the option to come back at a later date and modify the DDA to incorporate the 2003 CHDO allocation upon the release of such funds by HUD. 6. Attached for Agency and City Council consideration is a draft DDA. Discussion & Analysis: According to federal regulations, a Public Hearing is required to receive citizen comments regarding the use of federal HOME funds to develop three affordable housing units. In addition a joint public hearing is required when a public agency considers the disposition of City/Agency property. This project consists of the development of three new single-family attached residential units of which two will be sold and occupied by households that do not exceed 80% of the AMI for Los Angeles County. The Site is approximately 8,157 square feet of property located at 4267 Fernwood Avenue. Each home will have approximately 1,200 square feet of living area. Each unit will have three bedrooms, two bathrooms, a living room, dining room and a two-car garage. The proposed development will provide many significant benefits for the City of Lynwood. First of all, it will replace blighted property with new modern residential units that will increase the supply of the City's housing units. Secondly, the property will be added on the tax rolls to increase property values on the project site and the property values in the adjacent areas. Finally, new homes will be available and affordable for Iow income families. The use of federal funds maximizes the benefits without impacting the City's general fund or Agency funds; while enabling the City to meet its expenditure under the HOME program and the housing demands imposed by the State of California. Pursuant to section 33433 (c) (1) a summary report is not necessary as this project is a small housing project as defined in section 33013. Fiscal Impact: The Agency proposes to utilize HOME funds and will be reimbursed the purchase price of $179,500 upon the sale of the Site to the Developer. Attachments: 1. Resolutions 2. DDA 3. Public Notice PUBLIC HEARING REGARDING DISPOSITION AND DEVELOPMENT OF 4267 FERNWOOD AVENUE AND USE OF HOME FUNDS NOTICE IS HEREBY GIVEN that on August 2, 2005, at the hour of 5:00 p.m., or soon thereafter as the matter may be heard, the Redevelopment Agency ("Agency") will conduct a Public Hearing in the Council Chamber, City Hall, 11330 Bullis Road, Lynwood, California 90262, on the Disposition and Development Agreement ("DDA") between the Agency and Access Community Housing, a non-profit organization (CHDO) for an affordable housing project located at 4267 Fernwood Avenue and the proposed utilization of CHDO Funds in the amount $212,550. The Agency will consider approval of the proposed development of three single family units and the proposed use of federal HOME funds to subsidize the project. At the above stated day, hour and place, any and all persons having objections to the proposed Agreement or the regularity of the prior proceedings, may appear before the Agency and show cause why the Agreement should not be approved. At any time not later than the hour aforesaid set for hearing, any person objecting to the project and the proposed use of federal funds may file, in writing with the Redevelopment Director, a statement of his or her objection thereto. Any persons or organizations desiring to be heard at the aforesaid hour shall have the opportunity to be heard. The Disposition and Development Agreement and all other required documents for the project are available for public inspection at the office of the Redevelopment Development at 11330 Bullis Road, Lynwood, California, during the hour of 7:00 A.M. to 6:00 P.M., Monday through Thursday. Dated: July 14, 2005 Publish: RESOLUTION NO. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING FOR THE DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES AT 4267 FERNWOOD AVENUE WHEREAS, the Redevelopment Plan for Lynwood Project Area "A" ("Redevelopment Plan"), was duly approved and adopted on July 3, 1973 by Ordinance No. 945 and subsequently amended on December 27, 1973 by Ordinance No. 960, on August 19, 1975 by Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111, July 19, 1988 by Ordinance No. 88-1308, and on March 20, 2001 by Ordinance No. 1504; and WHEREAS, the Lynwood Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Area "A" ("Redevelopment Project") in the City of Lynwood and in order to do so the Agency proposes to enter into a Disposition and Development Agreement ("DDA") with Access Community Housing ("Developer"), which provides for the development of three (3) single family homes utilizing HOME funds; and WHEREAS, the Agency desires to consider the disposition of the CalTrans property in connection with the development of the Site by the Developer; and WHEREAS, the proposed DDA contains the provisions, terms, conditions and obligations required by state and local law; and WHEREAS, the Developer possesses the qualifications necessary to ensure development of the Site proposed in accordance with the purposes and objectives of the Redevelopment Plan; and WHEREAS, the Agency and City Council of the City of Lynwood have held a duly noticed joint public hearing on the proposed DDA and related agreements; WHEREAS, the Agency and the City Council have duly considered the proposed DDA and believe that development pursuant thereto is in the best interest of the City of Lynwood and in furtherance of the goals and objectives of the Lynwood Redevelopment Agency to reduce blight and produce affordable housing in the Project Area; NOW, THEREFORE, IT IS RESOLVED by the Lynwood Redevelopment Agency as follows: Section 1. The Agency finds and determine that the development of the Site pursuant to the proposed DDA is necessary to effectuate the purpose of the Redevelopment Plan for the Redevelopment Project. Section 2. The Agency hereby finds and determines that the development of the Site pursuant to the proposed DDA will be consistent with the development permitted at that location by Lynwood's Zoning Ordinance. Section 3. The Agency has held a joint public hearing with the City Council and has received, heard and considered all oral and written objections to the proposed DDA and to the actions connected therewith, and hereby overrules all such oral and written objections. Section 4. The Agency finds that the sale of the property contemplated by the DDA will assist in the elimination of blight and provide affordable housing. Section 5. The Agency finds that the sale of the property as contemplated by the DDA is in the interests of the health, safety and welfare of the City, is in accordance with the Redevelopment Plan, is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490 and will be of benefit to the Project Area. Section 6. The Agency approves the sale of the property contemplated by the DDA. Section 7. The Executive Director of the Agency is hereby authorized to execute the DDA. Section 8. The Executive Director of the Agency, or his designee, is hereby authorized, on behalf of the Agency and the City, to sign all documents necessary and appropriate to carry out and implement the DDA, and to administer and implement the Agency's obligations, responsibilities and duties to be performed under the DDA. APPROVED AND ADOPTED this 21 st day of July 2005. RAMON RODRIGUEZ, CHAIRMAN N. Enrique Martinez Executive Director APPROVED AS TO FORM: Ronald Wilson Agency Counsel APPROVED AS TO CONTENT: Louis Morales, Deputy Executive Director ATTEST: Andrea L. Hooper, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned Agency Secretary for the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted by the Lynwood Redevelopment Agency at a regular meeting held on the day of ., 2005. AYES: NOES: ABSENT: ABSTAIN: Agency Secretary, Lynwood Redevelopment Agency STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned Agency Secretary for the Lynwood Redevelopment Agency, 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. Agency Secretary, Lynwood Redevelopment Agency RESOLUTION NO. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING WHEREAS, the Lynwood Redevelopment Agency (the "Agency") wishes to consider the approval of a Disposition and Development Agreement ("DDA") by and between the Agency and Access Community Housing (the "Developer") for the disposition of certain real property located at 4267 Femwood Avenue (the "Site"); and WHEREAS, a Project Environmental Impact Report was prepared for the 1980 Amendment to Redevelopment Project Area "A" ("1980 EIR") and for the 2003 General Plan Update; and WHEREAS, the development advances the goals of the 1980 Amendment to Lynwood Redevelopment Project Area "A" ("1980 Amendment") described in the 1980 EIR which goals are to (1) arrest the decline and decay and the spread of blight throughout the project area, (2) restore and revitalize existing residential, commercial and industrial areas to viable centers serving community and regional needs, and (3) stimulate and attract private investment thereby improving the City's economic health, employment opportunities and tax base; and WHEREAS, the 1980 EIR addresses the environmental impacts of the development pursuant to the proposed DDA; and WHEREAS, the Agency has prepared an Initial Study and found and determined that a subsequent EIR is not needed because none of the following conditions of Section 15162 of Guidelines for the Implementation of the California Environmental Quality Act ("CEQA Guidelines") have occurred: Subsequent changes are proposed in the project which will require important revisions to the 1980 EIR due to the involvement of new significant impacts not considered in the 1980 EIR; and Substantial changes occurred with respect to the circumstances under which the project was undertaken due to the involvement of the new significant impacts not covered in the 1980 EIR; and · New information of substantial importance to the project has become available. NOW, THEREFORE, the Lynwood Redevelopment Agency hereby resolves as follows: Section 1. The redevelopment of the Site provided for by the DDA is covered by the 1980 EIR which serves as the Final Environmental Impact Report for the entire Amendment, which Amendment constitutes the "Project" and the 2003 EIR for the General Plan Update. Section 2. The redevelopment of the Site provided for by the DDA was considered in the 1980 EIR and the 2003 EIR as part of the Project. Section 3. The 1980 EIR was considered prior to the approval of the DDA. The Agency hereby finds: the redevelopment pursuant to the proposed DDA is within the scope of the 1980 Amendment previously approved; the effects of the redevelopment pursuant to the proposed Final Environmental Impact Report together with all other development will not cause a significant effect on the environment. All feasible mitigation measures and alternatives developed in the previous Final Environmental Impact Report for the Project are incorporated in this Development. No new information of substantial importance to the Project has become available. The final Environmental Impact report, therefore, is determined to be adequate to serve as the environmental impact report for the Development and satisfies all the requirements of CEQA. Section 4. Applicable mitigation measures identified in the Final Environmental Impact Report have been incorporated into this Development which mitigate any potential significant environmental impacts thereof. Section 5. The Final Impact Report incorporates certain mitigation measures which are to mitigate or avoid significant effects on the environment, and the Agency hereby adopts the following program for reporting and monitoring the implementation of such mitigation measures pursuant to Public Resources Code Section 21081.6: A. The Developer selected by the Agency shall enter into an Agreement with the Agency to submit all plans and specifications for the Development to the Agency for its approval, at which time the Agency shall review the plans and specifications for compliance with such mitigation measures as are the responsibility of the Developer; B. The Agency shall comply with all requirements of the City of Lynwood (the "City") and all public agencies having jurisdiction in any demolition and construction of public works are to be constructed by the Agency; C. The Agency will report to the City Council of the City not less than annually on the implementation of the mitigation measures and make any recommendations it deems necessary to further implement said measures, such report to be included in the Agency's annual report pursuant to California Health and Safety Code Section 33089.5 and 33080.4; D. The Agency hereby authorizes and directs that a Notice of Determination with respect to the acquisition and development of the Site pursuant to the proposed DDA, and all other Agency actions taken in furtherance thereof, be filed. APPROVED AND ADOPTED this 21 st day of July 2005. RAMON RODRIGUEZ, CHAIRMAN N. Enrique Martinez Executive Director APPROVED AS TO FORM: Ronald Wilson Agency Counsel APPROVED AS TO CONTENT: Louis Morales, Deputy Executive Director ATTEST: Andrea L. Hooper, Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned Agency Secretary for the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted by the Lynwood Redevelopment Agency at a regular meeting held on the day of ,2005. AYES: NOES: ABSENT: ABSTAIN: Agency Secretary, Lynwood Redevelopment Agency STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned Agency Secretary for the Lynwood Redevelopment Agency, 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. Agency Secretary, Lynwood Redevelopment Agency RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND ACCESS COMMUNITY HOUSING FOR THE DEVELOPMENT OF THREE (3) SINGLE FAMILY HOMES AT 4267 FERNWOOD AVENUE WHEREAS, the Redevelopment Plan for Lynwood Project Area "A" ("Redevelopment Plan"), was duly approved and adopted on July 3, 1973 by Ordinance No. 945 and subsequently amended on December 27, 1973 by Ordinance No. 960, on August 19, 1975 by Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by Ordinance No. 1111, July 19, 1988 by Ordinance No. 88-1308, and on March 20, 2001 by Ordinance No. 1504; and WHEREAS, the Lynwood Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Area "A" ("Redevelopment Project") in the City of Lynwood and in order to do so the Agency proposes to enter into a Disposition and Development Agreement ("DDA") with Access Community Housing ("Developer"), which provides for the development of three (3) single family homes utilizing HOME funds; and WHEREAS, the Agency desires to consider the disposition of the Caltrans property in connection with the development of the Site by the Developer; and WHEREAS, the proposed DDA contains the provisions, terms, conditions and obligations required by state and local law; and WHEREAS, the Developer possesses the qualifications necessary to ensure development of the Site proposed in accordance with the purposes and objectives of the Redevelopment Plan; and WHEREAS, the Agency and City Council of the City of Lynwood have held a duly noticed joint public hearing on the proposed DDA and related agreements; WHEREAS, the Agency and the City Council have duly considered the proposed DDA and believe that development pursuant thereto is in the best interest of the City of Lynwood and in furtherance of the goals and objectives of the Lynwood Redevelopment Agency to reduce blight and produce affordable housing in the Project Area; Page I of 4 NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Lynwood and the Lynwood Redevelopment Agency as follows: Section 1. The Agency and City Council hereby find and determine that the development of the Site pursuant to the proposed DDA is necessary to effectuate the purpose of the Redevelopment Plan for the Redevelopment Project. Section 2.. The Agency and the City Council hereby find and determine that the development of the Site pursuant to the proposed DDA will be consistent with the development permitted at that location by Lynwood's Zoning Ordinance. Section 3. The Agency has held a joint public hearing with the City Council and has received, heard and considered all oral and written objections to the proposed DDA and to the actions connected therewith, and hereby overrules all such oral and written objections. Section 4. The City Council finds that the sale of the property contemplated by the DDA will assist in the elimination of blight and provide affordable housing. Section 5. The City Council finds that the sale of the property as contemplated by the DDA is in the interests of the health, safety and welfare of the City, is in accordance with the Redevelopment Plan, is consistent with the Implementation Plan adopted pursuant to Health and Safety Code Section 33490 and will be of benefit to the Project Area. Section 6. The City Council approves the sale of the property contemplated by the DDA. Section 7. The Executive Director of the Agency is hereby authorized to execute the DDA. Section 8. The Executive Director of the Agency, or his designee, is hereby authorized, on behalf of the Agency and the City, to sign all documents necessary and appropriate to carry out and implement the DDA, and to administer and implement the Agency's obligations, responsibilities and duties to be performed under the DDA. APPROVED AND ADOPTED this 21st day of July, 2005. RAMON RODRIGUEZ, MAYOR Page 2 of 4 N. Enrique Martinez City Manager APPROVED AS TO FORM: J. Arnoldo Beltran City Attorney APPROVED AS TO CONTENT: Louis Morales, Redevelopment Director ATTEST: Andrea L. Hooper, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) Page 3 of 4 I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the .day of ., 2005. AYES: NOES: ABSENT: ABSTAIN: 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 Lynwood 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 Page 4 of 4 RESOLUTION NO. 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 ACCESS COMMUNITY HOUSING WHEREAS, the Lynwood Redevelopment Agency (the "Agency") wishes to consider the approval of a Disposition and Development Agreement ("DDA") by and between the Agency and Access Community Housing (the "Developer") for the disposition of certain real property located at 4267 Fernwood Avenue (the "Site"); and WHEREAS, a Project Environmental Impact Report was prepared for the 1980 Amendment to Redevelopment Project Area "A" ("1980 EIR") and for the 2003 General Plan Update; and WHEREAS, the development advances the goals of the 1980 Amendment to Lynwood Redevelopment Project Area "A" ("1980 Amendment") described in the 1980 EIR which goals are to (1) arrest the decline and decay and the spread of blight throughout the project area, (2) restore and revitalize existing residential, commercial and industrial areas to viable centers serving community and regional needs, and (3) stimulate and attract private investment thereby improving the City's economic health, employment opportunities and tax base; and WHEREAS, the 1980 EIR addresses the environmental impacts of the development pursuant to the proposed DDA; and WHEREAS, the Agency has prepared an Initial Study and found and determined that a subsequent EIR is not needed because none of the following conditions of Section 15162 of Guidelines for the Implementation of the California Environmental Quality Act ("CEQA Guidelines") have occurred: Subsequent changes are proposed in the project which will require important revisions to the 1980 EIR due to the involvement of new significant impacts not considered in the 1980 EIR; and Substantial changes occurred with respect to the circumstances under which the project was undertaken due to the involvement of the new significant impacts not covered in the 1980 EIR; and · New information of substantial importance to the project has become available. NOW, THEREFORE, the Lynwood Redevelopment Agency hereby resolves as follows: Section 1. The redevelopment of the Site provided for by the DDA is covered by the 1980 EIR which serves as the Final Environmental Impact Report for the entire Amendment, which Amendment constitutes the "Project" and the 2003 EIR for the General Plan Update. Section 2. The redevelopment of the Site provided for by the DDA was considered in the 1980 EIR and the 2003 EIR as part of the Project. Section 3. The 1980 EIR was considered prior to the approval of the DDA. The Agency hereby finds: the redevelopment pursuant to the proposed DDA is within the scope of the 1980 Amendment previously approved; the effects of the redevelopment pursuant to the proposed Final Environmental Impact Report together with all other development will not cause a significant effect on the environment. All feasible mitigation measures and alternatives developed in the previous Final Environmental Impact Report for the Project are incorporated in this Development. No new information of substantial importance to the Project has become available. The final Environmental Impact report, therefore, is determined to be adequate to serve as the environmental impact report for the Development and satisfies all the requirements of CEQA. Section 4. Applicable mitigation measures identified in the Final Environmental Impact Report have been incorporated into this Development which mitigate any potential significant environmental impacts thereof. Section 5. The Final Impact Report incorporates certain mitigation measures which are to mitigate or avoid significant effects on the environment, and the Agency hereby adopts the following program for reporting and monitoring the implementation of such mitigation measures pursuant to Public Resources Code Section 21081.6: A. The Developer selected by the Agency shall enter into an Agreement with the Agency to submit all plans and specifications for the Development to the Agency for its approval, at which time the Agency shall review the plans and specifications for compliance with such mitigation measures as are the responsibility of the Developer; B. The Agency shall comply with all requirements of the City of Lynwood (the "City") and all public agencies having jurisdiction in any demolition and construction of public works are to be constructed by the Agency; C. The Agency will report to the City Council of the City not less than annually on the implementation of the mitigation measures and make any recommendations it deems necessary to further implement said measures, such report to be included in the Agency's annual report pursuant to California Health and Safety Code Section 33089.5 and 33080.4; D. The Agency hereby authorizes and directs that a Notice of Determination with respect to the acquisition and development of the Site pursuant to the proposed DDA, and all other Agency actions taken in furtherance thereof, be filed. APPROVED AND ADOPTED this 21st day of July 2005. RAMON RODRIGUEZ, MAYOR N. Enrique Martinez Executive Director APPROVED AS TO FORM: Ronald Wilson Agency Counsel APPROVED AS TO CONTENT: Louis Morales, Redevelopment Director ATTEST: Andrea L. Hooper, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned Agency Secretary for the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted by the Lynwood Redevelopment Agency at a regular meeting held on the day of ., 2005. AYES: NOES: ABSENT: ABSTAIN: City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned Agency Secretary for the Lynwood Redevelopment Agency, 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: APPROVED BY: PREPARED BY: SUBJECT: AGENDA STAFF REPORT July 26, 2005 Honorable Mayor & City Council Mer~,.~f).,, --,,, N. Enrique Martinez, City Manager//./--'Y// Christy Valencia, Interim Director of Finance Tamu Ledbetter, Accounting Technician Approval of the Warrant Registers Recommendation: Staff respectfully recommends warrant registers. that the Lynwood City Council approve the ..................... Attached Warrant Registers dated August 02, 2005 .................. AGENDA ITE~ · ~ 2004-2005 WA~RANTDATE: 08-02-05 PREPAIDSANDVOIDS CITY of LYNWOOD WARRANT REGISTER PAGE: i WARRANT# VENDOR# VENDOR NAME DESCRIPTION WARRANT DATE 126920 126980 5101 GLOBAL GOV'T/EDUCATIONAL SOLU. VOID/COMPUTER SYSTEMS 08-02-05 5136 VEGA CONSTRUCTION VOID/EMERG. GRANT S~ERMAN 08-02-05 -5218.69 -5500.00 TOTAL PREPAYS: 0.00 TOTAL VOIDS: -10718.69 TOTAL: -10718.69 WARRAN~ DATE: 08-02-05 CITY of LYNWOOD WARRANT REGISTER PAGE: 2 WAP. EANT# V~NDOR# VENDOR NAME DESCRIPTION 127078 4928 127079 016 127080 1289 127081 445 127082 4493 127083 4702 127084 3993 127085 4654 127086 4576 127087 1637 127088 5137 127089 102 127090 4781 127091 7 127092 47 127093 996 127094 53 127095 99999 127096 191 127097 939 127098 3475 127099 812 127100 917 127101 4689 127102 810 127103 5101 127104 5085 127105 1294 127106 5215 127107 913 127108 804 127109 4877 127110 5084 127111 3706 127112 2176 127113 136 127114 5159 127115 891 127116 4966 127117 5001 127118 771 127119 1238 127120 170 127121 249 127122 4027 127123 4808 127124 3442 127125 3553 127126 769 A & N ACCOUNTING AA EQUIPMENT CO. ABC HARDWARE ACADEMY POOLS A E CONSTRUCTION A-THRONE CO. ATLANTIC CAR WASH A.Y. NURSERY BANNAOUN ENGINEERING JUAN ANTONIO BAUTISTA BEETLES TERMITE CAL ADDISON CAL AERO SUPPLY CO. CALIFORNIA SECURITY, INC. CENTRAL BASIN MUNICIPAL WATER CITY OF INGLEWOOD CLINICAL LAB OF SAN BERN CRAFCO INC. DAILY JOURNAL CORPORATION DATA PLUS COt~3NICATIONS, INC. E.R. PROFESSIONAL WELDING FAIR HOUSING FOUNDATION GBS LINENS GCS SERVICE INC. GLOBAL COMPUTER SUPPLIES GLOBAL GOV' T/EDUCATIONAL SOLU. GMC PEST CONTROL GOLDEN WEST PIPE & SUPPLY GONCH HILLYARD HONE DEPOT HUB CITY CONSTRUCTION HUGHES SUPPLY INC. INFOSEND, INC. J & A EXPRESS JONES LUMBER EEC ENGINEERS, INC. COUNTY OF L.A. SHERIFF'S DEPT. LEWIS BRISBOIS BISGAARD CARLA LINDSAY LINGO INDUSTRIAL ELECTRONICS GALLS LONG BEACH UNIFORM LYNWOOD RENTAL CENTER MADSEN ELECTRIC SUPPLY MANAGED HEALTH NETWOP. K MOSS, LEVY & HARTZHEIM MYERS TIRE SUPPLY CO NEXTEL COMMUNICATIONS NORWALK POWER EQUIPMENT CO. PROFESSIONAL SVCS EQUIPMENT PURCHASE OPERATING SUPPLIES OPERATING SUPPLIES ENERGENCY GRANT/GASCON RENTAL SVCS CARWASH SVCS OPERATING SUPPLIES CONSTRUCTION 8VCS KARATE INSTRUCTOR PEST CONTROL SVCS TIRE SVCS./M~TERIALS AUTO PARTS SECURITY SVCS WATER PURCHASE MONTHLY PROCESSING FEES BACTERIA TESTING OPERATING SUPPLIES ADVERTISING SVCS TELEPHONE SERVICES WELDING SVCS COt~3NITY SVCS LINEN SVCS REPAIR SVCS. COMPUTER SUPPLIES COMPUTER SYSTEMS PEST CONTROL OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES DPL/VASQUEZ OPERATING SUPPLIES WATERBILLS/INSERTS REPAIR SVCS OPERATING SUPPLIES ENGINEERING SVCS LAW ENFORCEMENT SVCS LEGAL FEES AEROBICS INSTRUCTOR OPERATING SUPPLIES UNIFORM PURCHASE RENTAL SVCS OPERATING SUPPLIES EMPLOYEE ASSISTANCE PROG AUDITING SVCS OPERATING SUPPLIES TELEPHONE SERVICES AUTO PARTS 08-02-05 325.00 08-02-05 6447.62 08-02-05 802.63 08-02-05 846.39 08-02-05 3618.24 08-02-05 398.25 08-02-05 260.75 08-02-05 2078.40 08-02-05 7411.85 08-02-05 1032.00 08-02-05 2455.00 08-02-05 152.00 08-02-05 14.02 08-02-05 1288.00 08-02-05 3271.52 08-02-05 1009.85 08-02-05 773.00 08-02-05 1511.25 08-02-05 2367.30 08-02-05 85.00 08-02-05 4550.00 08-02-05 3600.34 08-02-05 196.77 08-02-05 494.99 08-02-05 22.33 08-02-05 6625.65 08-02-05 125.00 08-02-05 472.59 08-02-05 325.00 08-02-05 989.22 08-02-05 90.27 08-02-05 2000.00 08-02-05 2948.30 08-02-05 4481.62 08-02-05 525.53 08-02-05 262.72 08-02-05 1375.00 08-02-05 37531.09 08-02-05 21187.62 08-02-05 424.80 08-02-05 1844.58 08-02-05 272.30 08-02-05 835.42 08-02-05 996.69 08-02-05 446.50 08-02-05 5420.00 08-02-05 49.22 08-02-05 1829.05 08-02-05 1216.53 WARRANT DATE: 08-02-05 CITY of LYNWOOD WARRANT REGISTER PAGE: 3 WARRANT# VENDOR# VENDOR NAME DESCRIPTION DATE AMOUNT 127127 4230 127128 1132 127129 3747 127130 4359 127131 4108 127132 261 127133 3990 127134 3772 127135 4973 127136 4796 127137 5224 127138 1230 127139 5064 127140 201 127141 5023 127142 4974 127143 4277 127144 4460 127145 4825 127146 38 127147 5113 127148 3549 127149 4995 127150 5080 127151 5245 127152 5179 127153 666 127154 3494 127155 5254 127156 254 127157 5036 127158 4382 127159 3787 127160 99999 127161 425 127162 434 127163 306 OCCUPATIONAL HEALTH SVCS OFFICE DEPOT ORANGE COUNTY REGISTER PAGEANTRY AWARDS PIONEER AMERICAS, INC. PRESS TELEGRAM PROJECT IMPACT QUALITY PENCE CO QUINN SHEPHERD RENTAL SERVICES JUAN E. RAMIREZ, JD RELIABLE ICE EQUIPMENT INC. S & J SUPPLY CO. SAFE MOVES SBC SBC LONG DISTANCE SHILPARK PAINT SIERRA SPRINGS SO CAL UNIFORM RENTAL SO.CALIF.REHABILITATION SVCS JOHN SOLTIS SOUTHERN CALIFORNIA EDISON CO. SPARKLETTS SOUTHERN CALIFORNIA. , INC. STATE OF CALIFORNIA STATE OF CALIFORNIA SYMPRO INC. TAJ OFFICE SUPPLY THE JANKOVICH COMPANY TRES ES, LLC UNDERGROUND SVC ALERT U.S. BANK U.S. SAFETY & SUPPLY CO. V.I.P. PRINTS WATERLINE TECHNOLOGIES, INC. JORGE L. WEBSTER WESTERLY METER SERVICE CO. XEROX CORPORATION EMPLOYMENT PHYSICALS OFFICE SUPPLIES ADVERTISING SVCS A~ARDS OPERATING SUPPLIES ADVERTISING SVCS COI~4UNITY SVCS OPERATING SUPPLIES RENTAL SVCS INTEPRETING SVCS OPERATING SUPPLIES OPERATING SUPPLIES SAFETY RODEO TELEPHONE SERVICES TELEPHONE SERVICES OPERATING SUPPLIES OPERATING SUPPLIES UNIFORM RENTALS COI~4UNITY SVCS KARATE INSTRUCTOR LIGHTS & POWER OPERATING SUPPLIES OPERATING SUPPLIES PROPERTY ACQUISITION SMIP FEES SOFTWARE MAI~T~RANCE OFFICE SUPPLIES FUEL PROPESSIONAL SVCS UNDERGROUND WORK BANKCARD CHARGES OPERATING SUPPLIES PRINTING SERVICES OPERATING SUPPLIES BEEHIVE REMOVAL METER REPAIR COPIER SVCS 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-O2-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 740.00 1314.16 1824.20 201.59 1705.38 906.40 804.00 202.50 566.25 262.50 175.83 705.79 2400.00 9523.62 387.71 4551.80 83.00 259.66 248.92 720.00 41844.52 200.12 819.12 161550.00 6435.86 5940.00 276.58 486.54 14000.00 180.60 2938.21 452.53 1650.00 303.10 285.00 100.00 385.34 391999.34 PREPAID: SPOILED: VOIDS: 126920, 126980 FY 2005-2006 WARRANT DATE: 08-02-05 PREPAIDS AND VOIDS C I T Y of L Y NWO 0 D WARRANT REGISTER PAGE: i WARRANT# VENDOR# VENDOR NAME DESCRIPTION WARRANT AMOUNT DATE *127014 *127015 *127016 *127017 *127018 EFT 077 EFT 078 EFT 079 EFT 080 EFT 081 WIRE-005 166 LYNWOOD CHAMBER OF COMMERCE 205 PAYROLL FUND 205 PAYROLL FUND 1115 CALPERS 4003 CHASE EQUIPMENT ?~ASING 205 PAYROLL FUND 4079 CANON BUSINESS SOLUTIONS 4695 CANON FINANCIAL SERVICES 5172 AMERICAN EXPRESS 5229MERCHANT BANK CD 5275 JP MORGAN CHASE BANK *DENOTES PREPAID WARRANTS SEMI MONTHLY P~/4T PAYROLL P.E. 7/16/05 PAYROLL P.E. 7/16/05 MEDICAL INSURANCE LEASE/DEBT SVC PYMT EMP DIR DEP 7/2005 COPIER LEASE PYMT COPIER LEASE PYMT MERCH A6~T FEES MERCH AGMT FEES WIRE TRSFR/SEC 108 LOAN 07-20-05 3960.00 07-20-05 39029.75 07-20-05 144681.94 07-20-05 140232.30 07-20-05 65688.86 07-30-05 340938.49 07-30-05 714.45 07-30-05 452.74 07-30-05 5.00 07-30-05 62.95 08-02-05 417404.00 TOTAL PREPAYS: 1153170.48 TOTAL VOIDS: 0.00 TOTAl: 1153170.48 WARRANT DATE: 08-02-05 CITY of LYNWOOD WARRANT REGISTER PAGE: 2 WARRANT# VENDOR# VENDOR NAME DESCRIPTION WARRANT AMOUNT DATE 127019 801 ADT SECURITY SERVICE INC. 127020 5255 RAMON AGUILAR 127021 5149 AIRLINE TICKETS 4 LESS 127022 5106 KRISTOPHERANDERSON 127023 5261 ARAUJO DESIGN 127024 4642 ASSOCIATED POWER, INC. 127025 4797 BELTRAN & MEDINA 127026 5086 DAVID MICHAEL CAPOCHINO 127027 5262 TERRY CARMOUCHE 127028 5272 NANCY CASILLAS 127029 4930 COLEN & LEE 127030 4780 COMCAST 127031 5246 COUNTY OF LOS ANGELES 127032 5266 CPEI 127033 4461 DATAVAULT 127034 5260 ELOISA DOMINGUEZ 127035 896 FED EX 127036 0118 FIRST CHOICE COFFEE 127037 3505 GATEWAY CITIES 127038 5278 HEIDI PARRAGIL 127039 5264 TASHA R. HUNTER 127040 579 ICMACONFERENCE ORGANIZATION 127041 5163 INDEPENDENT CITIES ASSOCIATION 127042 5274 INSTITUTE DIVINE METAPHYSICAL 127043 5257 OBIE JACKSON 127044 5269 JOSE JAUREGUI 127045 5070 PETER KARDAS 127046 4566 JENNIFER LACROIX 127047 534 LEAGUE OF CALIFORNIA CITIES 127048 4000 LIEBERT CASSIDY WHITMORE 127049 5270 MARAVILLA FOUNDATION 127050 5256 AGLAED MAYORGA 127051 5258 MIGUEL &ALEJANDRAMEJIA 127052 5277 NALEO 127053 5241 NEWTECH ENGINEERING & CONST. 127054 3553 NEXTEL COI~IUNICATIONS 127055 1132 OFFICE DEPOT 127056 5271 FILIBERTA OKUN 127057 986 P.E.R.S. 127058 1688 PATTY'S TROPHY 127059 5171 FERNANDO PEDROZA 127060 208 PETTY CASH - CHECKING 127061 5265 PLACO INVESTMENT, INC. 127062 3994 PYRO SPECTACULARS 127063 5259 FELIX RAMOS 127064 5162 VOID 127065 5279 VOID 127066 5151 RICO'S ARTISTRY & PLASTER 127067 3583 RITA CONSTRUCTION ALARM SVCS REFUNDABLE DEPOSIT AIRLINE TICKETS FOOD & BEVERAGE SVCS WTR ACCT CLSD RENTAL SVCS LEGAL FEES FOOD & BEVERAGE SVCS WTR ACCT CLSD RFND / PEAMIT FEES ADMIN FEES/WORKERS COMP CABLE SVCS STATE REQUIRED DUES RE G/A.LVARE Z DATA STORAGE FEES NTR ACCT CLSD DELIVERY SVCS OPERATING SUPPLIES MEMBERSHIP DUES SPONSORSHIP FEES NTR ACCT CLSD REG/ADAMS MEMBERSHIP DUES RFND/BATEMAN HALL NTR ACCT CLSD RFND / PERMIT FEES FOOD & BEVERAGE SVCS FOOD & BEVERAGE SVCS MEMBERSHIP DUES LEGAL FEES RFND / PERMIT FEES NTR ACCT CLSD NTR ACCT CLSD MEMBERSHIP DUES ENGINEERING SERVICES TELEPHONE SERVICES OFFICE SUPPLIES RFND / PERMIT FEES RETIREMENT P/E 07-16-05 PLAQUES RE IMB/REGI STRATION FEES REPLENISHMENT REFUNDABLE DEPOSIT FIREWORKS DISPLAY WTR ACCT CLSD VOID VOID VOID VOID RENTAL REHAB PROGRAM NEW CONSTRUCT/REDWOOD 08-02-05 127.29 08-02-05 2135.00 08-02-05 539.79 08-02-05 150.00 08-02-05 21.45 08-02-05 501.20 08-02-05 59577.79 08-02-05 300.00 08-02-05 47.21 08-02-05 32.50 08-02-05 3333.34 08-02-05 23.76 08-02-05 1910.92 08-02-05 495.00 08-02-05 209.00 08-02-05 38.60 08-02-05 146.50 08-02-05 354.11 08-02-05 15259.82 08-02-05 100.00 08-02-05 17.36 08-02-05 1000.00 08-02-05 3066.00 08-02-05 550.00 08-02-05 10.72 08-02-05 258.21 08-02-05 300.00 08-02-05 150.00 08-02-05 1095.00 08-02-05 10696.60 08-02-05 19.20 08-02-05 26.38 08-02-05 49.93 08-02-05 100.00 08-02-05 35521.65 08-02-05 61.04 08-02-05 106.68 08-02-05 9.60 08-02-05 70076.46 08-02-05 228.41 08-02-05 310.00 08-02-05 227.96 08-02-05 1500.00 08-02-05 5000.00 08-02-05 29.72 VOID VOID 08-02-05 64702.28 08-02-05 249000.00 WAREANTDATE: 08-02-05 CITY of LYNWOOD WARRANT REGISTER PAGE: 3 WARRANT# VENDOR# VENDOR NAME DESCRIPTION WARRANT DATE AMOUNT 127068 5268 EP~NESTO RUIZ 127069 4277 SIERRA SPRINGS 127070 4460 SO CAL UNIFORM RENTAL 127071 10 SONITROL OF LONG BEACH 127072 5230 SOUTHERN CALIFORNIA 127073 666 TAJ OFFICE SUPPLY 127074 5267 ROSENDO URIBE JR. 127075 5263 MERCEDES VASQUEZ 127076 5273 VIOLETA VILLALOBOS 127077 306 XEROX CORPORATION 127166 5171 FERNANDO PEDROZA RFND/PERMIT FEES OPERATING SUPPLIES OFFICE SUPPLIES ALARM SVCS MEMBERSHIP DUES OFFICE SUPPLIES REFUNDABLE DEPOSIT WTR ACCT CLSD RFND/PERMIT FEES COPIER SVCS REIMB/LODG 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 08-02-05 9.6U 48.10 28.48 178.66 5886.00 430.56 500.00 124.88 40.00 369.48 669.61 1690872.33 PREPAID: 127014-127018 SPOILED: VOIDS: 127064-127065 DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: AGENDA STAFF REPORT August 2, 2005 The Honorable Mayor and Members,D,f th~ ~C~ Council N. Enrique Martinez, City Manage/~'/~/~,~///'- Paul Nguyen, Interim Director of Environmental Services Replacement of the Community/Transit Center Roof 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 MAYOR TO EXECUTE A CONTRACT WITH FO & SONS ROOFING IN THE AMOUNT OF $379,500 AND APPROVING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER FOR THE COMMUNITY /TRANSIT CENTER ROOF REPLACEMENT" Background: The Community/Transit Center roof has badly deteriorated and is in dire need to be replaced. In the beginning, the water leak was believed to confine to the roof above the gymnasium that covers approximately 8,000 square feet. However, upon close inspection of other areas of the roof, staff has detected evidence of larger water damage to other part of the roof over the entire center, which is approximately 22,000 square feet. On July 5, 2005, the City Council adopted Resolution 2005.113 approving the replacement of the gymnasium roof by an informal bidding process. On July 15, 2005, staff sent out bid packages to twenty (20) roof contractors for the replacement of the entire roof. On July 20, 2005, eleven (11) contractors participated in the job walk where they can physically inspect the roof and asked questions about the job specifications. On July 25, 3005, staff received five (5) bids from contractors. FC & Sons Roofing is the lowest responsible bidder at $379,500 (see Attachment "A"). H:\WORDFILE\PUBWORKS\COUNCIL\Cou05068roof. doc Discussion & Analysis: Because the roof replacement was not included in the FY 2005-06 Budget, staff is requesting City Council to appropriate the necessary funds for this work. Staff has identified the following projects that can be reprioritized and their funding re-appropriated to the roof replacement project: Bateman Hall Up.qrade ('Proiect 5-5219): This project was originally funded in FY 2000-01 with $335,000 of 1999 CIP Bond funds. This project entails various improvements to this building kitchen, including replacement of all major appliances. This project has a current balance of approximately $135,000, of which $115,000 can be re- appropriated to the roof replacement project. Because the re- appropriated funds will be used for building improvements, they meet the guidelines of the 1999 CIP Bond. Staff is concurrently requesting approval from the bond counsel. Emergency Operation Center (Project 5-5246): This project was first funded in FY 2000-01 with $104,000 of General and Water funds. This project was to provide emergency funds to operate the Emergency Operation. Staff has identified $40,000 of General funds from this Project that can be re-appropriated to the roof replacement project. Traffic Si.qnal Upqrades (Project 5-5259): This project was first funded in FY 2002-03 with $144,300 of General funds. The project was to provide funds to upgrade traffic signal systems. Staff has identified $80,000 of the project funds that can be re-appropriated to the roof replacement project. The above funds re-appropriation amounts to a total of $235,000. With the inclusion of 10% contingencies and the cost for construction administration and inspection, the project cost would amount to $435,000. Staff is requesting the appropriation of $200,000 of General funds to cover for the difference. Staff will be reviewing the Community/Transit Center files to determine the extent of the roof warranty and maintenance procedure to improve the building roof life in the future. Fiscal Impact: This project requires funds re-appropriation from other projects as described above. Coordinated With: Finance Department. H:\WORDFILE\PUBWORKS\COUNCIL\Cou05068roof. doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH FC & SONS ROOFING IN THE AMOUNT OF $379,500 AND APPROVING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFER FOR THE COMMUNITY /TRANSIT CENTER ROOF REPLACEMENT" WHEREAS, the Community/Transit Center building roof has deteriorated badly and is in dire need of replacement; and WHEREAS, staff has solicited bids from various contractors through an informal bid process approved by the City Council Resolution No. 2005.113; and WHEREAS, FC & Sons is the lowest responsible bidder at $379,500; and WHEREAS, staff has identified available funds from certain projects that can be re-appropriated to this project; and WHEREAS, the City Council recognizes the need to implement this project and is desirous to provide the necessary funding. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section1: That the Mayor is authorized to execute a contract with FC & Sons Roofing for the Community/Transit Center roof replacement. Section 2: That the City Manager or his designee is authorized to make the following funds appropriation and transfer: FROM: TO: Bateman Hall Upgrades (5-5219) $115,000 General Funds Community/Transit Center Roof Replacement Project $115,000 Emergency Operation Center (5-5246) $40,000 General Funds $ 40,000 H:\WORDFILE\PUBWORKS\COUNCIL\Cou05068roof. doc adoption 2005 Traffic Signal Upgrades(5-5259) $80,000 Generalfunds $ 80,000 Un-app~priated GeneralFunds $200,000 $200,000 $435,000 Section 3: This resolution shall take effect immediately upon its PASSED, APPROVED and ADOPTED this 2nd day of August, RAMON RODRIGUEZ, Mayor City of Lynwood ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood N. ENRIQUE MARTINEZ City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood Paul Nguyen Interim Director of Environmental Services H:\WORDFILE\PUBWORKS\COUNCIL\Cou05068roof. doc STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the day of AYES: NOES: ABSENT: ., 2005, and passed by the following vote: 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 forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2005. City Clerk, City of Lynwood H:\WORDFILE\PU BWORKS\COUNClL\Cou05068roof. doc DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: AGENDA STAFF REPORT August 2, 2005 The Honorable Mayor and Members of the City Council N. Enrique Martinez, City Manager~Z~' Paul Nguyen, Interim Director of Environmental Services Josef Kekula, Public Works/Engineering Manager Contract Award to John L. Hunter and Associates National Pollution Discharge Elimination System (NPDES) FY 2005-06 Recommendation: Staff recommends that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO JOHN L. HUNTER AND ASSOCIATES IN THE AMOUNT OF $27,517 FOR PROFESSIONAL CONSULTING SERVICES ASSOCIATED WITH THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PROGRAM FOR FISCAL YEAR 2005-2006 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT". Background: As required by the 1987 Federal Water Pollution Control Act, the Regional Water Quality Control Board of the Los Angeles Region adopted Order 96-081 requiring all municipalities within the region to comply with the National Pollutant Discharge Elimination System (NPDES) by implementing the Stormwater Quality Management Plan (SQMP) that includes various programs aimed at reducing the amount of pollutants discharged into the regional watersheds. The City of Lynwood is the co-permittee under the NPDES permit issued to the Los Angeles County Public Works Department. This permit will expire in December 2006. The County is expecting to have this permit renewed by the Regional Water Board in 2007. Over the years, the SQMP programs have expanded and now include specific tasks that would be most cost effectively implemented by utilizing consulting services. Some of these tasks include the annual inspection of restaurants and commercial/industrial facilities in the City for compliance with the H:\WORDFILE\PUBWORKS\COUNClL\Cou05053Huntercontractaward,doc AGE~{DA ITE~I SQMP, annual staff training and preparation of the annual report and preparation of the Total Maximum Daily Load (TMDL) study. Discussion & Analysis: To assist the City comply with the NPDES requirements for FY 2005-2006, the City has requested proposals from four consultants. Because of the special nature of this service, staff only received two responses (see Attachment A). Based on their proposal, qualification and experience John L. Hunter and Associates is recommended to provide professional engineering services in assisting the City comply with the NPDES requirements for FY 2005-06. Fiscal Impact: Funds are available in the department budget. Coordinated With: City Clerk's Office and Finance Department. H:\WORDFILE\PUBWORKS\COUNClL\Cou05053Huntercontractaward.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AWARDING A CONTRACT TO JOHN L. HUNTER AND ASSOCIATES IN THE AMOUNT OF $27,517 FOR PROFESSIONAL CONSULTING SERVICES ASSOCIATED WITH THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PROGRAM FOR FISCAL YEAR 2005-2006 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the Los Angeles Regional Water Quality Control Board requires all municipalities in Los Angeles County to comply with the National Pollutant Discharge Elimination System by implementing a Storm Water Quality Management Plan (SQMP); and WHEREAS, staff has solicited proposals from consulting firms to assist the City with this program; and WHEREAS, John L. Hunter and Associates is highly qualified for this service by possessing the expertise and experience in this field; and WHEREAS, staff has reviewed the consultant's proposal and found that the proposed fees of $27,517 is reasonable. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1: That the City Council approves a service contract with John L. Hunter and Associates for the review and implementation of the City's Storm Water Quality Management Plan for FY 2005-06. Section 2: That the Mayor is authorized to execute the contract agreement with John L. Hunter and Associates in the amount of $27,517. adoption Section 3: This resolution shall take effect immediately upon its PASSED, APPROVED and ADOPTED this 2nd day of August, 2005 RAMON RODRIGUEZ, Mayor City of Lynwood H:\WORDFILE\PUBWORKS\COU NClL\Cou05053Huntercontractaward.doc ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood N. ENRIQUE MARTINEZ City Manager APPROVED ASTO FORM: APPROVED AS TO CONTENT: City Attorney City of Lynwood Paul Nguyen Interim Director of Environmental Services H:\WORDFILE\PUBWORKS\COUNClL\Cou05053Huntercontractaward.doc STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of the City of Lynwood at a day of AYES: NOES: ABSENT: regular meeting held in the City Hall of said City on the ,2005, and passed by the following vote: 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 forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ., 2005. City Clerk, City of Lynwood H:\WORDFILE\PUBWORKS\COUNClL\Cou05053Huntercontractaward.doc L_Hunter Proposal for: Environmental Services for N PDES Sformwafer (Limited) Prepared for 13310 FIRESTONE BLVD., A-2 SANTA FE SPRINGS CALIFORNIA 90670 (562) 802-7880 FAX (562) 802-2297 www.jlha.net GENERAL ENGINEERING LICENSE A-582340 HAZARDOUS SUBSTANCE REMEDIATION LIC. 3382 Mr. Josef Kekula Department of Public Works City of Lynwood 11330 Bullis Road Lynwood, California 90262 July 19, 2005 ! //~-m L. [Iun~e;, P.E. 'l~aFlfornia Registered Environmental Assessor COMPREHENSIVE .ENVIRONMENTAL MANAGEMENT Proposal for Environmental Services City of Lywood August, 2005 through June 2006 Best ManagementPracfices July 19, 2005 NPDES Program Summary r This proposal is to provide specific services to assist the City of Lynwood with the implementation of Best Management Practices pursuant to the Municipal NPDES.Permit. The NPDES Permit was adopted by the California Regional Water Quality control Board in December 2001 and is effective for five years. This proposal covers selected tasks for the period of August 1, 2005 through the end of June 2006. John L. Hunter & Associates, Inc. (JLHA) will consider differing service lengths if requested. The scope of work of this proposal is described below. The NPDES program is continuing to evolve and is subject to several legal challenges. The scope of this proposal may need to be modified from time to time based upon new Regional Board requirements. I. Program Management JLHA will assist the City in the development of guidelines and procedures to be used to implement various municipal stormwater BMP's. Typical Program Management and oversight activities will include, but are not limited to, the following: Bo Provide staff to attend and report on the actions of the various Watershed Management Committees, the Executive Advisory Committee and other subcommittees. JLHA provides a quarterly newsletter, which summarizes pertinent meetings, regulatory actions and deadlines. Regular meetings with the City can be scheduled to discuss pertinent issues at the City's request. Keep the city informed of the devet~opment of the NPDES permit. Review proposed changes and modifications to the model programs, which would affect future implementation plans. Do Collected data from JLHA and City sources and prepare the Annual Implementation Report requested by the County for eventual submittal to the Regional Board by October for the 2004-05 fiscal year. Conduct an annual review of the City's Stormwater Quality Management Plan (SQMP) and update as appropriate. -1- Proposal l'or Enviromnental Services City of Lywood August, 2005 through June 2006 Best Management Practices July 19, 2005 II. Illicit Connections/Discharges (ICID) The ICID Program is an essential part of the overall Stormwater program, effectively combining some functions from the Public Agency, Development, ~ind Public Education functions. An ICID Program takes information collected from a variety of sources and uses that information to investigate potential illicit connections and illicit discharges throughout the City. The proposed ICID Program will consist of the following: This task will be the responsibility of the City. JLHA staff will be available to assist the City in preparation of formal enforcement action, if needed, for dischargers failing to correct significant violations. This service will be provided on a time and materials basis ~er the attached rate schedule. III. Development Planning and Development Construction For the'duration of this proposal, the planning and construction phase review of Plans is not included. However, JLHA will be available to assist the City on an as requested basis to answer questions from City staff or perform plan checks (storm water pollution prevention plans and standard urban stormwater mitigation plans) for storm water concerns. This item will be performed on a time and materials basis per the attached rate schedule. IV. Public Agency A . Conduct one pre-rainy season inspection of ~the City Yard (Fall 2005). V. Industrial and Commercial Inspections The Municipal Permit requires that existing and new businesses in specific industrial categories be inspected on a regular basis in order to educate the owners and employees about stormwater concerns and inspect for potential stormwater problems. Proposal for Environmental Services City of Lywood August, 2005 through June 2006 Best Management Practices July 19, 2005 Update the inspection database using the city's (most recent) Business License list in June 2005 and again in circa June 2006. JLHA will perform stormwater inspections at approximately 81 auto service Co related facilities, within the City based on the city's business license list and JLHA's existing database. ($85 each). JLHA will perform stormwater inspections at approximately 129 commercial and industrial businesses within the City based on the city's business license list and JLHA's existing database. ($105 each). Do Eo JLHA will similarly perform stormwfiter inspection at approximately 109 restaurant facilities. ($65 each.) Conduct follow-up inspections of sites with significant violations found under the Industrial and Commercial inspection and Site Visit Program. The cost to implement this item is entirely based upon the number of significant violations found. While this will be on a time and materials basis, it is estimated that no more than 95 hours will be needed (three hours at 10% of the sites). This estimate will not be exceeded without prior authorization of the City. VI. Public Outreach Educating the public about stormwater pollution and prevention methods is vital to the success of the overall program and to the reduction of pollution in general. JLHA has experience in designing and organizing Public Outreach programs for a number of cities in Los Angeles County. These programs have included the development of public service announcements, creation of outreach campaigns to local businesses, performing presentations at local schools and public events, design and production of promotional items, etc. However, under the scope of this proposal, no public outreach materials will be prov,ided unless specifically requested by the City. VII. Total Maximum Daily Loads (TMDLs) The Los Angeles River Trash TMDL went into effect in October 2003. However, due to the uncertainty of legal action (a previous court decision is being appealed) the city should budget for this program. -3- gT/2!/2g!~5 1~:35 5,S29822297 ,2fLNP, P~GE Proposal fo~ Environmental Service~ Au~st, ~ ~o~h J~na 2~ Best Managemen~ Practices July 19, 2005 The City will need to provide a street sweeper and a location for classifyimg trash. JLHA will provide staff for the actual study. Anticipated within this task islthe development of a program to determine the "daily generation rate" for the t-r~h TMDL. The Regional Board has indicated that sweeper studies must be conducted in Jqly, which is outside the scope of this RFP. As discussed with city staff, this stUdy will tentatively be scheduled for August. K~ep City.. informed of other per,ding TMDLs VIII. E5 t~nated Costs T~k Newsle tter, attend W'MCs $1,400 Prepar~ 2004-05 annual report $2,3,50 Illicit C(,nnections/Discharges* $(0) Dev~lo ~ment Planning; ......... $(0) Develo :)ment Construction* $(0) Public tkgency ' Con(luct one Yard inspection ~ $130 Public ()utreach N/A Industrk ~1 C'~mmerclal Inspections' ..... Upda '0 inspection list $340 Resta~Jrants ( 109) $7,085 Auto ~'elated facilities (81) $6,885 -4- Prop(~l for Env~onmen~afl City of Lyv~ood August :lOOpS, through June 2006 B~t M~aagem~mt Practices Jroy 19, 2005 10% qonhngency for new s~tes entenng city $1,397 ViolatiOn follow-up (est. 4 hfs per month) .$1.560 fMDLJ ....... Bud ~etary estimate for Trash TMDL J ,~ly 2005 DGR study and report** $6,500 E~fimat~d Cod t~"Clfy $ 27,517 l *JLHA .t~wil] be available to a$~?.t the city upon r~luest:'"o~ a time ~md material basis. ---- 'This cgs~ is dependa~ upon a pending ~ou~ decision. John L. Hunter & Associates, Inc. appreciates the opportunity to offer our services to assist t~¢ ..City. Compliance with the NPDES program requires active city participation and thorough implementation of best management practices. The NPDES process is still evoLJzing and therefore, the costs herein are subject to change. The program will be . on a tim~ and materials basis, based on the written scope of work, with the total coat not to exceed the estimated amount without prior City approval. ~LHA doc ~onllTi~;t ~ co~ s not accept responsibility of work or actions p~rform~l by others or contrary to the ,clarions of JLHA, The scope of work of this proposal is subject to the following terms ions. TERMS AND CONDITIONS STANDARD OF CARE. Services listed in Scope of Work- shall be carried out by JOHN L. HUNrI~R AND AS.q{:XZIATES, INC. in a manner consisi~nt with that level of care and skill ordirmzily exercised by other environmental consultants currently practicing under similar circumstances at the time the ~ervices are performed. NO OTHER WARRANTY, EXPRR~ OR IMPLIED, LC; MADE BY IOHN L. HUNTER AND AS_qOCIATEg, INC. WITH RN, SPECT TO THE QUALITY OP SERVIt~_q PERFORMED. It is understood and agreed that JOHN L. HUN~ER AND AIi~t~OCIATES, INC. has not created or contributed to the presence of any hazardous was~, pollutants, chemicals, ot other hazardous materials at the site described in Scope of Work. CLIEN~ understands and agrees that the discovery of certain conditions by JOI-LN L. HUNTER AND ASSGCIAT~, 12qC. may r~sult m economic los~ to CLI~_2qT and/or ~eguJatory ove~ighL CLIEN'I' ~ agrees that JOHN L. HIJNTER AND ASSOCIATES, INC. is not responsible/or disclosures, notifications, or reports that may be required to be made to third pm'ties (including government authorities). -5- Proposal for Environmental Services City of Lywood August, 2005 through June 2006 Best Management Practices July 19, 2005 INC. JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible for the interpretation of this information by others. LIMITATION OF LIABILITY. CLIENT agrees that JOHN L. HUNTER AND ASSOCIATES, INC.'s liability and that of its contractors and subcontractors ar~smg from any Services rendered as a part of this Agreement, whether arising from acts, omissions, or errors, shall not exceed JOHN L. HUNTER AND ASSOCIATES, INC.'s total fee for the services listed in total Scope of Work. JOHN L. HUNTER AND ASSOCIATES, INC. is not responsible for the quality of accuracy of data or information nor from the sampling programs or methods from which the data was developed, where such information or data is provided by or through CLIENT or others with whom JOHN L. HUNTER AND ASSOCIATES, INC. has no contract. JOHN L. HUNTER AND ASSOCIATES, INC. is not liable for any obligations, claims, losses, damages, penalties, actions judgments, suits, costs or expenses related to or in connection with JOHN L. HUNTER AND ASSOCIATES, INC.'s reliance on or use of any data or information furnished by CLIENT or others. FORCE MAJEURE. JOHN L. HUNTER AND ASSOCIATES, INC. is not liable for any failure to perform, or delay in performance, due to circumstances beyond any reasonable control, including but not limited to strikes, riots, wars, fires, floods, explosions, acts of nature, acts of government and labor disputes. If performance is delayed due to any such circumstance, CLIENT is not relieved of any obligations under this Agreement. JOHN L. HUNTER AND ASSOCIATES, INC., will not generate any hazardous or deleterious materials within the scope of this proposal. JOHN L. HUNTER AND ASSOCIATES, INC., its officers, agents, employees and subcontractors, are not responsible for any claims, losses, damages, lawsuits, or costs of defenses or settlement (including attorney's fees) as a result of death or bodily injury or threat thereof to any p~rson, destruction or damage to any property, contamination of or adverse effects on natural resources or the environm'~nt, any violation of local state or federal law, ordinances, regulation or orders or any other damages claimed by others due to the release or discharge of ha[ardous or deleterious materials by the CLIENT or third party unless solely due to negligence or willful misconduct of JOHN L. HUNTER AND ASSOCIATES, INC. INDEPENDENT CONTRACTOR. JOHN L. HUNTER AND ASSOCIATES, INC. is at all times during the term of the Agreement an independent contractor. JOHN L. HUNTER AND ASSOCIATES, INC. shall not, for any purpoges, be deemed an agent, employee or legal representative of the CLIENT. CONFIDENTIALITY. JOHN L. HUNTER AND ASSOCIATES, INC. and CLIENT shall retain as confidential ail information and data furnished by the other party in connection with this Agreement which is designated in writing. Neither JOHN L. HUNTER AND ASSOCIATES, INC. or CLIENT shall disclose such confidential information except after advance notice to the other party, if possible, as required by statute, regulation, ordinance, judicial order or other governmental request or is necessary for a vendor, supplier or subcontractor in order to make a bid or supply materials, equipment or services. 7. TAXES. CLIENT shall pay any applicable sales or use tax in the amount required by law. -6- Proposal for Environmental Services City of Lywood August, 2005 through June 2006 Best Management Practices July 19, 2005 10. 11. 12. 13. 14. TERM AND TERMINATION. The term of this Agreement shall begin on the day it is signed by both parties. The Agreement will continue in force until all of the parties' obligations are fully performed or the Agreement is otherwise terminated. Notwithstanding this provision, the provisions of Section 2, LIMITATION OF LIABILITY of this Agreement survive termination of the Agreement and shall continue in full fore and effect. Either party may terminate this Agreement in the event of a material breach of the Agreement by the other party which is not cured within thirty (30) days after notice thereof. Otherwise this Agreement shall terminate upon completion and acceptance of Services listed in Scope of Work or by mutual written agreement of the parties. WAIVER. No waiver by either party of any default by the other party in the performance of this Agreement shall operate as a waiver of any future default. ASSIGNMENT. This Agreement may not be assigned by either party without the written consent of the other party. NOTICES. All notices, reports and invoices shall be in writing and may be transmitted by mail, telex or telefax to the other party at the address listed in this Agreement or such other address designated in writing. Notices are deemed to be given on the date transmitted. SEVERABILITY. If any word, phrase, clause, sentence, or other provision of this Agreement is determined to violate any applicable statute, regulation or ordinance, such provision is ineffective to the extent of violation. The remainder of this Agreement remains valid and enforceable to the fullest extent of the law. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, commitments, contracts and writings, whether oral or written, between the parties with respect to the subject matter of this Agreement." No amendment or modification may be made to this Agreement except by mutual agreement of the parties made in writing and signed by both parties: GOVERNING LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of California. -7- Proposal for Environmental Services City of Lywood August, 2005 through June 2006 REFERENCES Other Municipal Clients include, or have includqd: Best Management Practices July 19, 2005 Arcadia South E1 Monte Signal Hill Hawthorne Monrovia Rancho Palos Verdes Temple City South Gate Culver City Baldwin Park Redondo Beach Sierra Madre San Fernando E1Segundo -8- Proposal for Environmental Services City of Lywood August, 2305 through June 2006 Best Management Practices July 19, 2005 Summary of Key Personnel Qualifications John Hul~ter Bachelor's Degrees in Chemical Enqineerin.q and Biolo.qical Sciences 25 years of experience in Industrial Waste and Storm Water programs. Conducted and administered programs for illicit discharge investigations, plan checking, site visits and public outreach for over twenty cities. California Registered Chemical Engineer California Registered Environmental Assessor Member Executive Advisory Committee Chair (1999-2000) for Los Angeles River Watershed Committee (38 cities) Paige Giffin-Donahoe Bachelor's De.qree in Marketinq and Public Relations 7 years of experience in marketing, media planning, advertising and public relations. Experience includes working with the used oil, storm water, and anti-smoking programs for: The State of California, Counties of Los Angeles and Ventura, Cities of Lynwood, Anaheim, Hawthorne, San Fernando and Long Beach. Kell Jensen Master's Degree Environmental Health & Safety 25 years of experience with L.A. County San District, Industrial Waste. Conducted inspections and investigations in over 20 Los Angeles County Cities. Instructor, InQustrial Waste/Environmental Studies at Orange Coas~t College Registered Environmental Assessor Registere~J Environmental Health Specialist CWEA Industrial Waste Inspector grade IV Anne Chang Master's Degree, Public Relations Developed "Point-of-Purchase" Stormwater campaign, interfaced with media in 20 cities for stormwater program (included writing and distribution of press releases and articles). Ac!ively working on the development of the entire stormwater outreach campaign for cities. STANDARD RATE SCHEDULE Principal Senior Project Manager Project Manager Project Engineer Inspector/Project Technician Laborer'(C, SHA 40hr certified) State certified Laboratory Analysis Inspectipn program services Legal Consultation, Court Appearances, Document Review, etc. 24-hr industrial wastewater composite sampling 24-hr ambient air sampling Sewer capacity monitor (excluding set up) Specific chemical air monitor Photo ionization/Flame ionization detector Combustible gas monitor Shallow soil or sludge sampling equipment Subcontracted equipment including setup) For Weekends, Holidays or evemngs add 50% to listed price Prices effective as of January 1, 2005 $120/hr $~O0/hr $85/hr $65/hr $65/hr SS4/hr Cost + 15% TBA $~50/hr $125/location $50/day $1,250/week $40/day $50/day $50/day $35/day Cost + 15% e giheermg mc. General Civil, Municipal, Water and Wastewater Engineering Monrovia, CA Prescott, AZ Phoenix, AZ July 18, 2005 City of Lynwood 11330 Bullis Road Lynwood, CA 90282 Attention: Josef Kekula, Civil Engineering Associate Subject: Proposal to Provide Professional Engineering Services for the NPDES Stotiiiwater Program. Dear Mr. Kekula: Civiltec engineering, inc. (Civiltec) is pleased to have the opportunity to submit a proposal for the NPDES Stormwater Program. While our engineers and staff are experienced in applying for and obtaining RWQCB permits, we have not tackled a monitoring and implementation program of this magnitude. We must respectfully decline to propose on this particular project. We wish the City of Lynwood a successful completion of this important Project. Very truly yours, CIVIL TEC engineering, inc. W. David Byrum, P.E. Vice President WDB:dmd J:~2005~roposals~Declines\Lynwood NPDES.doc RECEIVED JUL 1 9 2005 ENVIRONMENTAl SERVICES 118 West Lime Avenue Monrovia, CA 91016 TEL: (626) 357-0588 FAX: (626) 303-7957 DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: AGENDA STAFF REPORT August 2, 2005 The Honorable Mayor and Members of the City Council N. Enrique Martinez, City Manager2vC~-~' Paul Nguyen, Interim Director of Environmental Services Josef Kekula, Interim Public Works/Engineering Manager~ Request for Proposals for New Street Sweeping Contract Recommendation: Staff recommends that the City Council direct staff to prepare and send out request for proposals (RFP) for the new street sweeping contract. Background: The existing street sweeping contract with National Environmental Services was first approved on February 1, 1994. Through subsequent contract amendments this contract is to expire on December 31, 2005, with no provision for extension (see Attachment A). The current contract cost is approximately $280,000 per year. Discussion & Analysis: To allow staff sufficient time to prepare, send out and review proposals for the new street sweeping contract, staff is requesting City Council's approval to send out requests for proposals. The RFP will help staff to determine the market price for this type of service. The RFP will include the requirement that contractor will pay for the cost of a street sweeping study to be done by a consultant selected by the City. The request for proposals process is a standard practice when seeking services for the City. Fiscal Impact: None. H:~WORDFILE\PUBWORKS~COUNCI L\Cou05067stsweepRFP.doc AGENDA ITEM AMENDMENT TO STREET SWEEPING SERVICES WHEREAS, the City of Ly~wood, herein after called City and Nationwide Environmental Services, hereafter called Contractor, have ent(~red into the certain services agreement, dated February I, 1994, which Agreement sets forth the terms and conditions for the City's street sweeping services; and WHEREAS, CONTRACTOR is willing to cOntinue service to the City; and WHEREAS, the City is satisfied with'the services provided bY the Contractor and wishes to extend the services Agreement for a term of seven years from January 1, 1998 to December 31, 2005. NOW, THEREFORE, in consideration of the mutual covenants and agreements ; hereinafter contained, the parties hereto do hereby agree as follows: 1. The term of this Agreement is extended to December 31, 2005. 2. That the contract price fOr the period of January 1, 1998 through December 31, 1998 will be $154,755.16. That a rate increase per year, equal to the previous year average Consumer Price Index, will be implemented for each subsequent year, starting on January 1, 1999. In the event of anY,t~e~thination of this Agreement by the City, the Contractor shall be entitled to no other compensation except in acc~dance with the Compensation and;p~yment Schedu e per Section 6.0 ~f the agreement. c97-019 5. All other terms and condition~, of said Agreement and amendments remain unchanged, IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Services Agreement this 16th day of December, 1997. CITY OF LYNWOOD ARMANDO REA, Mayor Andrea Hooper, City'Clerk DATE APPROVED AS TO FORM: "CONTRACTOR" National Environ,/,~ntal Services ~ ~ ./,,. ~?..:( . TITLE ~;ity Attorney DATE: ~- ici. ci~: AMENDMENT TO STREET SWEEPING SERVICES AGREEMENT WHEREAS, the City of Lynwood, herein after called City, and Joe's Sweeping, Inc. hereinafter called Contractor, have entered into the certain services agreement, dated February 1, 1994, which Agreement sets forth the terms and conditions for the City's street sweeping services; and WHEREAS, Contractor is willing to continue services to the City; and WHEREAS, the City is satisfied with the services provided by the Contractor and wishes to extend the services Agreement for an additional term of one year from January 1, 1997 to December 31, 1997. NOW, THEREFORE, in consideration of the mutual covenants and agreements ,hereinafter contained, the parties hereto do hereby agree as follows: V~6.G~I The term of this Agreement is extended to December 31, 1997. That the contract price for the period of January 1, 1997 through December 31, 1997 will be $152,618.56 In the event of any termination of this Agreement by the City, the Contractor shall be entitled to no other compensation except in accordance with the Compensation and Payment Schedule per Section 6.0 of the Agreement. All other terms and conditions of said Agreement and amendments remain unchanged. IN WITNESS WHEREOF, Agreement Services Agreement this the parties hereto have executed day of ,1996. this "CITY" OF LYNWOOD (seal) Paul H. Richards II, Mayor DATE "CONTRACTOR" Joe's Sweeping, Inc. a California Corporation By: /~/~-,-- -/~- --~,--~d~ ~'~-- /E S~E~IAN - ' APPROVED AS TO FORM: VICE-PRES IDENT TITLE DATE: DECEMBER 27 r 1996 City Attomey V96-031 AMENDMENT TO STREET SWEEPING SERVICES AGREEMENT WHEREAS, the City of Lynwood, herein after called City, and Joe's Sweeping, Inc. hereinafter called Contractor, have entered into the certain services agreement, dated February 1, 1994, which Agreement sets forth the terms and conditions for the City's street sweeping services; and WHEREAS, Contractor is willing to continue services to the City; and WHEREAS, the City is satisfied with the services provided by the Contractor and wishes to extend the services Agreement for an additional term of one year from January 1, 1996 to December 31, 1996. NOW, THEREFORE, in consideration of the mutual covenants and agreements, hereinafter contained, the parties hereto do hereby agree as follows: 1. The term of this Agreement is extended to December 31, 1996. That the contract price for the period of January 1, 1996 through December 31, 1996 will be $150,244.69. In the event of any termination of this Agreement by the City, the Contractor shall be entitled to no other compensatiOn except in accordance with the Compensation and Payment Schedule per Section 6.0 of the Agreement. All other terms and conditions of said Agreement and amendments remain unchanged. IN VVITNESS WHEREOF, Agreement the parties hereto have Services Agreement this 21st day of November executed ,1995. this "CITY" OF LYNVVOOD (seal) Louis Byrd, Mayo~-------~~ November 21, 1995 DATE Andrea Hooper, City Cle~ "CONTRACTOR" APPROVED AS TO FORM:. DATE: Joe's Sweeping, Inc. a California Corporation TITLE City Attorney AMENDMENT TO STREET SWEEPING SERVICES AGREEMENT WHEREAS, the City of Lynwood, herein after called City, and Joe's Sweeping, Inc. hereinafter called Contractor, have entered into the certain services agreement, dated February 1, 1994, which Agreement sets forth the terms and conditions for the City's street sweeping services; and WHEREAS, Contractor is willing to continue services to the City; and WHEREAS, the City is satisfied with the services provided by Contractor and wishes to extend the services Agreement for an additional term of one year from January 1, 1995 to December 31, 1995. NOW, THEREFORE, in cOnsideration of the mutual covenants and agrccments hereinafter contained, the parties hereto do hereby agree as follows: 1., The term of this Agreement is extended to December 31, 1995. That the contract price for the period of January 1, 1995 through December 31, 1995 will be $150,244.69. In the event of any termination of this Agreement by the City, the Contractor shall be entitled to no other compensation except in accordance with the Compensation and Payment Schedule per section 6.0 of the Agreement. All other terms and conditions of said Agreement and amendments remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Agreement Services Agreement this ~'~ -y~' day of -~1~, J~t'~ , 199 "CITY" OF LYNWOOD (seal) Andrea Hooper, City Cl(Drk Louis Byrd, Mayor DATE "CONTRACTOR" Joe's Sweeping, Inc. a California Corporation APPROVED AS TO FORM: ~JiO,~-~'~,~S ~ ~t~(-- TITLE DATE: City Attorney CITY OF LYNWOOD AGREEMENT FOR STREET SWEEPING SERVICES This Agreement is entered into by and between the City of Eynwood ("City"), a municipal corporation, and Joe's Sweeping, Inc., a California corporation ("Contractor"). RECITALS A. City desires to engage a firm to provide street sweeping services within the City for the period commencing on February.I, 1994 and ending on December 31, 1994, subject to certain extensions as agreed upon by the parties. B. Contractor has submitted its Proposal to perform such services, a copy of which is attached hereto as Attachment A and incorporated by this reference ("Proposal" herein). C. Cify desires to engage Contractor to perform such services on the terms and conditions provided herein. 1.0 NOW THEREFORE, the parties agree as follows: General A. ResDonsible City Official: The Director of Facilities Maintenance, or his designee, shall have responsibility for administration, communication and coordination between the City and the Contractor. S94.O01 Definitions and General Information: The term "debris" shall mean all materials normally picked up by broom type street sweepers, such as sand, salt, glass, paper, cans, and other materials. It does not include large items that would damage the equipment, such as large stones, large tree limbs, wood, cable, and other such materials. The term "street" shall mean the paved area between the normal curb line of a roadway, whether an actual curb line exists or not, and the area next to curbs of median islands and circles throughout the city. It does not include any paved areas that would cause damage to the Contractor's equipment. "Adverse weather conditions" shall mean heavy rains, extreme cold and snow, and other inclement weather conditions as so designated by the Director of Facilities Maintenance. A prorata share of the total lump sum payment shall be deducted for work not performed. Holidays shall be: New Year's Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and the day after, and Christmas Day. 2.0 Sco~3e of Services: The Contractor shall clean all streets currently owned and maintained by the City (this does not include alleys). The Contractor shall sweep each street one time per week, unless otherwise specified below. C. Additional Street Sweeping Requirements: 1. The following arterial streets shall be swept twice per week: Long Beach Boulevard (north city limit to south city limit) Atlantic Avenue (north city limit to south city limit) Imperial Highway (between Long Beach Boulevard and Alameda Street) o ° Fernwood Avenue (south side) from Long Beach Boulevard to Wright Road, including the 1-105 freeway underpasses, which were not being swept previously, will be swept once per week The parking lots for four city facilities: City Hall, Community Center, Ham Park and Dymally Park, will be s~vept twice per week The Contractor shall sweep the Candy Cane Lane parade route (Atlantic Avenue from Fernwood to Martin Luther King Boulevard and Martin Luther King Boulevard from Atlantic Avenue to Cesar Chavez Lane) immediately after the conclusion of the parade Bellinger Avenue between Butler Avenue and Lynwood Road will be swept after the City's Spring and Fall Clean-up activities (two events per year). Additional street sweeping during leaf season. The following streets may require up to three (3) passes by Contractor during leaf season: (1.) LeSage (2.) Elmwood (3.) Pine (4.) Elm (5.) Cornish (6.) Platt (7.) Walnut (8.) Lugo (9.) Cortland (10.) Woodlawn (11.) Brewster (12.) Muriel (13.) Virginia (14.) Pope (15.) Clark Bullis to Harris Harris to Linden Los Flores to Beechwood Los Flores to Beechwood LeSage to Shirley Ernestine to Harris Ernestine to Harris Bullis to Harris Bullis to Harris Ernestine to Muriel Harris to Elm Agnes to Magnolia Walnut to Los Flores Sanborn to Los Flores Wright Road to Edgebrook The Contractor shall establish a hot-line to resolve residents' complaints. S94-001 Street sweeping shall be done between the hours of 4:00 a.m. and 11 a.m., five (5) days a week during the initial eleven (11) month period from February through December, 1994, and during each twelve (12) month period thereafter, if this Agreement is extended. The Contractor shall supply and maintain all equipment neceSsary to accomplish the street sweeping services. The Contractor shall dump all debris at locations designated by the City. The Contractor may be required to sweep areas at times, and frequencies other than those stated above. Contractor will be compensated on an hourly rate basis equal to the rate paid under the terms of this Agreement. All streets shall be swept with the normal flow of traffic. The Contractor shall sweep streets at times to be determined by the City. The City may issue to Contractor a map and a list of times during which street sweeping shall occur. 3.0 Ec~uioment SpecificatiQn$: S94-001 The Contractor shall produce proof of ownership, or a signed lease for the duration of the Agreement for at least three (3) motorized machines suitable for performing the requirements of this Agreement. A list of machines shall be delivered by Contractor to the City. All new machines must not be over five (5) years old at the time of the execution of this Agreement. Refurbished machines shall not be over three (3) years old. Machines shall be capable of transporting debris to locations designated by the City. Machines shall be equipped with an efficient water spray system for dust control, which shall be maintained in good operating condition. Machines shall be properly registered and insured, in accordance with the California Vehicle Code. Machines shall be in good working condition and maintained in that manner and kept that way throughout the term of the Agreement. A sufficient supply of spare brooms and other parts shall be kept on hand to insure the timely and continuous fulfillment of this Agreement. Contractor's equipment shall be capable of removing litter, leaves and debris sufficiently to meet City cleanliness standards. Contractor's equipment shall conform to all federal, state and local safety regulations. Contractor's machines shall be of a type with dual gutter brooms and a main broom (Mobil or equivalent). 4.0 A. The City shall provide adequate hydrants throughout the City for filling Contractor's water spray systems. B. The City shall provide and maintain adequate disposal sites for dumping debris picked up by Contractor. C. The City shall provide parking and storage space for the Contractor's sweepers. Use of such parking will be at the Contractor's own risk. D. The City shall provide adequate space for Contractor to wash the sweepers. E. The Contractor shall not undertake major repairs to its machinery or equipment on City property. 5.0 Contractor's Obliqations: S93-003 The Contractor shall have a supervisor or foreman available at all times to direct operations. This supervisor or foreman will report to the Director of Facilities Maintenance, or his designee, any problems that occur, and provide progress reports prior to the end of each working day. The Contractor shall maintain the agreed upon frequency of sweeping as closely as possible, subject to adverse weather conditions as defined herein. The Contractor shall not be required to do any hand sweeping. The Contractor shall not sublet or assign this Agreement, in whole or in part, without the written authorization of the Director of Facilities Maintenance. The Contractor shall supply all fuel and maintenance for its machinery and equipment. The Contractor shall notify, prior to the start of each working day, the City's Parking Enforcement Division on days when sweeping will not occur. In cases where the Contractor has begun work and is delayed, Contractor shall make every effort to notify the City's Parking Enforcement Division as soon as possible. 6.0 Comoensation and Payment Schedule: The contract price to be paid by City to Contractor during the initial eleven (11) month term of the Agreement shall be the sum of $148,097.33. Thee contract price will be paid to Contractor in eleven (11) equal monthly installments. Payment will be due thirty (30) days after City's receipt of an invoice from the Contractor. Contractor's special on emergency services, as specifically requested by the Director of Facilities Maintenance, shall be compensated at an hourly rate of $57.00 per hour. 7.0 Bonding and Insurance Reauirements: S94-001 A Faithful Performance Bond in the amount of one hundred percent (100%) of the contract price shall be provided by Contractor to the City upon the execution of this Agreement. The City, its officers, employees and/or agents, shall not be answerable or accountable in any manner for any loss or damage that may occur during Contractor's performance of the work or any part thereof, or for any of the materials or other things used or employed in performing the work, or for injury or damage to any person or persons, including S94-0Ol workmen, employees of contractor, or its sub-contractors, or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions, or from any cause whatsoever arising out of or in connection with the performance of the work. Contractor hereby indemnifies the City, its officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees, excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents, servants or independent contractors, who are directly responsible to the City, and in connection therewith: (1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities, and will pay all costs and expenses, including attorney's fees, incurred in connection therewith. (2) Contractor will promptly pay any judgment rendered against Contractor or the City relating to such claims, damages, penalties, obligations or liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder, and contractor agrees to save and hold the City harmless therefrom. (3) In the event the City is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the work, operations or activities of Contractor hereunder, Contractor agrees to pay to the City any and all costs and expenses incurred by the City in such action or proceeding, together with reasonable attorney's fees. (4) So much of the money due to the Contractor under and by virtue of this Agreement as shall be considered necessary by the City may be retained by the City until disposition has been made of such actions or claims for damages as aforesaid. Liability Insurance. The Contractor shall not commence work until Contractor has obtained all insurance required hereunder issued by a company or companies acceptable to the City. The Contractor shall obtain and maintain, at all times during the term of this Agreement, the following policies of insurance: For all operations of the Contractor in performing the work provided for herein, Comprehensive Personal injury and Property Damage Liability limits of $500,000 per person, and $1,000,000 per occurrence, and Property Damage Liability limits of $1,000,000 per occurrence, and $1,000,000 aggregate, including Contractual Liability, Contractor's Protective Liability, and Products and/or Completed Operations Liability. Each such policy of insurance shall: (1) Be issued by an insurance company, approved in writing by the City, which is qualified to do business in the State of California. (2) Specify that it acts as primary insurance, and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy. (3) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be cancelled, nor the amount of the coverage thereof reduced, until thirty (30) days after receipt by the City of a written notice of such cancellation or reduction on coVerage, as evidenced by receipt of a registered letter." (4) Otherwise be in form satisfactory to the City. Worker's Compensation Insurance. Upon execution of the Agreement, the Contractor shall file with the Director of Facilities Maintenance the following signed certification: "1 am aware of, and will comply with, Section 3700 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete Workers' Compensation Insurance and shall furnish a Certificate of Insurance, to the Director of Facilities Maintenance upon execution of the Agreement." The City, its officers, agents, or employees, will not be responsible for any~claims in law or equity occasioned by failure of the Contractor to comply with this obligation. Said policy of Workers' Compensation Insurance shall contain an endorsement which provides it shall not be cancelled or altered without thirty (30) days prior written notice thereof given to the City by registered mail. 8.0 Extension of the Agreement The Contractor has agreed to provide street sweeping services based upon an eleven month contract starting February 1, 1994. Based on the mutual agreement between the City and the Contractor, this Agreement may be extended for four additional terms of one year each. Any such extension will be based upon the previous year's contract price, plus an adjustment reflecting the annual increase in the U.S. Department of Labor's Consumer Price Index (CPI) during that previous year. Bo If the City does not intend to extend the Agreement, City shall give the Contractor sixty (60) days prior written notice. S94-001 C° This Agreement expires on December 31, 1994, if the extension for calendar year 1995, as provided for above, is not exercised. The City reserves the right at that time to solicit proposals for any subsequent agreement that may be desired. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized representative as of the day and year set forth below the authorized signature. "CITY" OF LYNWOOD (SEAL) PAUL H. RICHARDS, II, MAYOR Date: ~ --~-/¢~';~"' ANDREA L. HOOPER, CITY CLERK "CONTRACTOR" Joe's Sweeping, Inc., a C~.liforr)ia corporation APPROVED AS TO FORM: CITY ATTORNEY S94-001 AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: August 2, 2005 Honorable Mayor & City Council Members N. Enrique Martinez, City Manager Autra C. Adams, Interim Dir of Human Res/Special Asst.~)t'~ Yolanda Delgadillo, Personnel Analyst I SUBJECT: AMENDMENT TO THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULE AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS Recommendation: STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT THE ATTACHED RESOLUTION ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULES AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS". Background: The City Council approved the FY 05-06 Budget at the June 21, 2005 Council Meeting. As part of the budget, staff identified the need for organizational changes in order to increase revenue and improve programs while developing a more effective and efficient operation. Discussion & Analysis: The Personnel Rules and Regulations of the City of Lynwood grant the City Council the authority to adopt new classification statements, reclassify employees and adjust the salary schedule. The modifications below are in line with the adopted FY 2005-06 budget: A. ADOPTION OF NEW CLASSIFICATION STATEMENTS AND SALARY RANGES POSITION 1) Marketing and Grants Manager 2) Assistant to the City Manager SALARY RANGE $5365.03-$6544.09 60M $6544.09-$7964.40 68M B. RECLASSIFICATIONS Personnel Rule IV, Classification, Section 4 Reclassification states: Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Personnel Officer to a more appropriate class, whether new or already created. The following incumbents have been identified who fall within the above reclassification provision: INCUMBENT POSITION RECLASSIFIED POSITION SALARY RANGE Executive Asst. (CM Office) Personnel Analyst I Special Assistant Executive Asst. to the City Manager 41G Personnel Analyst II 35M Assistant to the City Manager 68M C. SALARY RANGE ADJUSTMENTS The following salary range adjustments are being recommended for parity within the organization and to include Project Coordinator pay within the base pay for positions currently receiving the designation. Parking Enforcement Officer $2409.26 - $2928.68 (27G) to $3073.93 - $3737.22 (37G) Director of Recreation & Community Services $6076.55 - $7400.09 (65M) to $6544.09 - $7964.40 (68M) Director of Development Services $6076.55 - $7400.09 (65M) to $6544.09 - $7964.40 (68M) Fiscal Impact: There is no additional fiscal impact. The salary adjustments contained in the attached resolution were included in the adopted budget. Coordinated With: N/A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE CLASSIFICATION PLAN, MANAGEMENT AND GENERAL EMPLOYEES SALARY SCHEDULES AND AUTHORIZING THE RECLASSIFICATION OF IDENTIFIED INCUMBENTS WHEREAS, the City Council of the City of Lynwood has adopted an Employee Classification and Position Plan and on occasion amends the plan as needed; and WHEREAS, the City Council of the City of Lynwood has adopted a salary resolution with salary schedules for Management and General Employees; and WHEREAS, the City has identified a need for the position descriptions of Assistant to the City Manager, Development Services Manager and Marketing and Grants Manager where the required job analysis has been completed and a classification statement has been prepared on that basis; and WHEREAS, the Personnel Rules and Regulations, Rule IV, Section 4 Reclassification, provide for an employee to be allocated to a more appropriate class when the duties of which have changed materially so as to necessitate reclassifications; and WHEREAS, the City identified a need to upgrade salary levels of identified positions. NOW, THEREFORE the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section 1. Amend the Employee Classification Plan and the Management Salary Schedule to include new positions effective as follows: 1) Marketing and Grants Manager 2) Assistant to the City Manager $5365.03 - $6544.09 60M $6544.09 - $7964.40 68M Section 2. Amend the Employee Classification and Position Plan and Management Salary Schedule to reclassify current incumbents, as identified: INCUMBENT POSITION RECLASSIFIED POSITION SALARY RANGE Executive Asst. (CM Office) Executive Asst. to the City Manager 41G Personnel Analyst I Personnel Analyst II 35M Special Assistant Assistant to the City Manager 68M Section 3. Amend the Management and General Employees Salary Schedule for the following positions: Parking Enforcement Officer $2409.26 - $2928.68 (27G)to $3073.93 - $3737.22 (37G) Director of Recreation & Community Services $6076.55 - $7400.09 (65M) to $6544.09 - $7964.40 (68M) Director of Development Services $6076.55 - $7400.09 (65M) to $6544.09 - $7964.40 (68M) Section 4. That modifications so ordered by this resolution become effective August 1,2005. Section 5, That the City Manager or his designee is designated to carry out any transactions that may be necessary as so ordered by this resolution. PASSED, APPROVED and ADOPTED this __ day of 2005. RAMON RODRIGUEZ, MAYOR ATTEST: ANDREA HOOPER, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CITY ATTORNEY N. ENRIQUE MARTINEZ, CITY MANAGER CITY OF LYNWOOD MARKETING AND GRANTS MANAGER DEFINITION Under the administrative direction of the City Manager, to plan, organize and coordinate the City's marketing and promotional efforts; to develop a marketing plan and strategy for the City; to develop relationships with editorial boards and media services in order to promote City programs, services and initiatives; to serve as editor of the City's newsletter; to plan, design and coordinate tourism expansion efforts; to coordinate grant applications and research grant opportunities. EXAMPLE OF DUTIES Plans, organizes and coordinates marketing efforts for the City to accomplish program initiatives related to accomplishing the City's long-range vision; designs, writes, and edits promotional materials, press releases, website materials, newsletters and other publications; monitors, analyzes and evaluates marketing tends and opportunities to promote the City; develops and maintains positive relations with newspaper editorial board, television media, and media sources; analyzes marketing activities to ensure effectiveness of efforts; develops marketing and media strategies; interacts with marketing, printing, graphics design and photography consultants in preparation of marketing and promotional materials; prepares brochures, articles and reports; develops in- house newsletters for employees and community newsletter; plans, designs and implements local, state, national, and international programs to attract tourism to the community and specific development areas; coordinates the development of public information campaigns to inform residents about pertinent matters impacting them; coordinates marketing activities with other City departments to assist in economic development and other program activities; oversees administrative contracts with vendors that provide special public relations services to the City; develops plans to promote the involvement of citizens, non profit groups and the business community in City programs; prepares and reviews grant applications to ensure compliance with filing mandates ensuring the City is propedy represented; researches and identifies possible grant and funding sources; and supervises, trains and evaluates assigned staff. SPECIAL REQUIREMENTS Possession of an appropriate California driver's license issued by the State Department of Motor Vehicles. MARKETING AND GRANTS MANAGER PAGE 2 DESIRABLE QUALIFICATIONS Knowledge of: Principles and practices of marketing as they relate to public agencies; Public information techniques and media relations; Techniques for writing and editing for publication; Methods and techniques of market research, and analysis and report writing; Principles and practice of tourism, national and international promotion; Layout and production of printed materials; Microsoft software and desktop publishing software; Principles and practices of municipal organization and management; Principles and practices of grant application, grant writing, and administration; Techniques for the identification of grant and funding opportunities; Principles and practices of supervision; and Ability to: Innovatively design and manage the development of marketing plans, strategies and graphic materials; Write and edit marketing plans and material, press releases and other promotional materials to advance City initiatives and long-range plans; Develop and maintain positive and cooperative relationships with various editorial boards, television media, advertising services and other news services; Research and identify funding and grant sources; Coordinate the grant application process; Prepare, review and edit grant applications to ensure consistency with marketing plans and the success of application efforts; Prepare clear and comprehensive technical reports; Communicate effectively both orally and in writing; Work without direct supervision and make independent decisions; MARKETING AND GRANTS MANAGER PAGE 3 Establish and maintain cooperative and effective working relationships with City officials, employees and the general public; Operate automated equipment and standard applications software, including word processing, database, and spreadsheet programs; Design and implement publicity campaigns. and TRAINING AND EXPERIENCE Any combination of training and experience that would provide the required knowledge and abilities is qualifying. A typical way to obtain these knowledge and abilities would be: Three years of increasingly responsible experience in public relations, public information, advertising, marketing, or related program preferably in a municipal setting. EDUCATION Possession of a bachelor's degree in Journalism, Marketing, Communications, Public Administration, or a closely related field. Possession of a master's degree is highly desirable. PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS: Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination in preparing graphic materials, news releases, and reports using a computer keyboard. Additionally, the position requires near and far vision in reading written reports and work related documents. Acute hearing is required when providing phone and personal service. Additionally, the need to lift, drag and push files, paper, and documents weighing up to 25 pounds is required. Work is normally performed in an office environment. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations. CITY OF LYNWOOD ASSISTANT TO THE CITY MANAGER DEFINITION Under the administrative direction of the City Manager, to plan, organize, direct and coordinate the preparation of the City's annual operating budget; to coordinate the preparation of the Council agenda and related materials; to coordinate service functions; to provide legislative analysis and coordinate intergovernmental relations; to supervise the support staff in the City Manager's office; to perform varied, technical, analytical, administrative, and supervisory tasks for the City Manager, Mayor and Council members; to represent the City Manager when assigned on projects with City-wide impact and of a highly sensitive nature; and to perform other related work as required. EXAMPLES OF DUTIES Plans, organizes, and coordinates the preparation of the City's annual operating budget; coordinates the preparation, proper distribution and posting of Council agendas and related materials; manages the City's public safety contracts and related programs to ensure effective and efficient delivery of services; performs legislative analysis and makes recommendations to the City Manager regarding various pending and needed legislation at the regional, state and federal levels; coordinates and plans intergovernmental relations programs to ensure the City's interests are addressed; when assigned represents the City Manager on projects or special studies with City-wide impact and of a highly sensitive nature; monitors and develops revenue and expenditure forecasts; prepares procedures, instructions, reports, and correspondence relating to budgetary and other project planning; prepares financial and statistical reports; reviews and makes recommendations on budget amendments; provides technical assistance to department managers in budgetary planning; collects and analyzes various data for planning and research activities to improve administrative systems and procedures; informs the City Manager of budget and operational related problems and provides recommendations for the solution; prepares management studies and audits as requested by the City Manager; coordinates the planning and completion of special assignments; supervises, trains and evaluates assigned staff; attends Council meetings; receives and reviews Council expenses and bills; and performs a variety of administrative work necessary to handle the various work responsibilities and functions of the office. ASSISTANT TO THE CITY MANAGER PAGE 2 SPECIAL REQUIREMENT Possession of an appropriate California driver's license issued by the State Department of Motor Vehicles. DESIRABLE QUALIFICATIONS Knowledge of: Modern principles, practices and techniques of public administration, management and organization theory in a municipal government; Principles and practices of contract management; Legislative processes and practices; Principles and practices of supervision and training; Principles, practices and procedures applicable to financial analysis and administration, government budgeting and municipal operations and services; Budget preparation, analysis and control; Office management, including computer and data processing applications; Planning and research methods and procedures; Functions and responsibilities of a public safety agency; Laws, regulations and ordinances affecting municipal and departmental operations; Report writing methods and techniques; and Ability to: Research, develop and analyze information related to assigned projects; Manage public safety contracts to ensure effective and efficient service delivery and implement service improvements; Analyze state and federal legislation to determine the impact on the City and make recommendations regarding needed legislation; ASSISTANT TO THE CITY MANAGER PAGE 3 Provide direction and coordination in tl~e preparation of the Council agenda and related materials; Analyze and assess the changes in the economic climate of both the state and the nation as it impacts the revenues realized by the City and adapt the City's fiscal and budgetary policy accordingly; Provide direction and coordination to the City's budget process, consisting of budget preparation, implementation, and compliance; Collect and analyze data and prepare both comprehensive and concise reports; Formulate, evaluate and make recommendations on public safety contract issues; Communicate effectively orally and in writing; Effectively represent the City Manager on highly sensitive issues, in public meetings and on special assignments; Establish and maintain cooperative relationships with other City officials, employees and the general public; Skillfully use a personal computer and software programs; Work under pressure and demonstrate flexibility and diversity in the work environment. and TRAINING AND EXPERIENCE Any combination of training and experience that would provide the required knowledge and abilities is qualifying. A typical way to obtain these knowledge and abilities would be: Five years of increasingly responsible experience in a public agency performing budgeting, legislative analysis, contract management including at least two years of experience in a management or administrative capacity. EDUCATION Possession of a bachelor's degree in Public Administration, Business Administration, Accounting or a closely related field. Possession of a master's degree is preferred. ASSISTANT TO THE CITY MANAGER PAGE 4 PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS: Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination in preparing reports using a computer keyboard. Additionally, the position requires near and far vision in reading written reports and work related documents. Acute hearing is required when providing phone and personal service. Additionally, the need to lift, drag and push files, paper, and documents weighing up to 25 pounds is required. Work is normally performed in an office environment. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations. AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: August 2, 2005 Honorable Mayor & City Council N. Enrique Martinez, City Manager///,(.-.///' Autra C. Adams, Interim Dir of Human Res/Special Assistant SUBJECT: SELECTION OF A CONSULTANT TO CONDUCT THE DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER RECRUITMENT 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 MAYOR TO EXECUTE AN AGREEMENT WITH ALLIANCE RESOURCE CONSULTING TO CONDUCT THE DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER RECRUITMENT AND AUTHORIZING THE ALLOCATION OF $25,000 FOR SAID SERVICES." Background: The recent retirement of the Director of Environmental Services/City Engineer has resulted in a vacancy. In order to attract the most qualified candidates for the position, it is in the best interest of the City to hire an Executive Recruiter to conduct the search. Discussion & Analysis: Seven firms were contacted to provide proposals. Proposals were received from Cooperative Personnel Services, Alliance Resource Consulting, Bob Murray and Associates and the Hawkins Company. The proposals were evaluated based on firm qualification and experience, cost, time frame, prior experience with a similar recruitment and location. All of the firms that submitted proposals have the necessary qualifications and experience, would take a similar amount of time to conduct the recruitment and are very close in the total cost. Alliance Resource Consulting has the most experience with recruitments for this type of position in Southern California. Fiscal Impact: The estimated cost to complete this project will not exceed $25,000. The cost estimate includes a fiat fee to the consultant of $16,500 and an amount not to exceed $8,500 in direct costs and expenses related to the recruitment. Coordinated With: List Other Departments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALLIANCE RESOURCE CONSULTING TO CONDUCT THE DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER RECRUITMENT AND AUTHORIZING THE ALLOCATION OF $25,000 FOR SAID SERVICES WHEREAS, there is currently a vacancy for the position of Director of Environmental Services/City Engineer; and WHEREAS, in order to attract the most qualified candidates for the position, it is in the best interest of the City to hire an Executive Recruiter to conduct the search; and WHEREAS, Alliance Resource Consulting has been selected based on firm qualification and experience, cost, time frame, prior experience with a similar recruitment and location. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, order, and resolve as follows: Section 1. That the City Council approves the selection of Alliance Resource Consulting and the firm's fee in an amount not to exceed $25,000 to conduct the concurrent recruitments. Section 2. The transfer of funds from the unappropriated general fund (01): Unappropriated General Fund $25,000 TO 1-4121-4220 Section 3. The Mayor is authorized to execute an agreement approved to form by the City Attorney. Section 4. This resolution shall become effective immediately upon its adoption. ATTEST: RAMON RODRIGUEZ, Mayor ANDREA L. HOOPER, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: J. ARNOLDO BELTRAN, CITY ATTORNEY N. ENRIQUE MARTINEZ, CITY MANAGER aUtRA C. ADAMS, INTERIM DIRECTOR OF HUMAN RESOURCES STATE OF CALIFORNIA } }ss. COUNTY OF LOS ANGELES } I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the day of ,2005. AYES: NOES: ABSENT: ABSTAIN: 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 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. ANDREA L. HOOPER, CITY CLERK AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: August 2, 2005 Honorable Mayor & City Council Me~jb,~r~,~ N. Enrique Martinez, City Manager//,/~-''~'//'~'///' J. Arnoldo Beltran, City Attorney SUBJECT: Acquisition of Real Property Located at 312 E. Tenth Street, Pomona, CA Relocation of Christ New Testament Baptist Church Ham Park Replacement Project Recommendation: Approval of the attached Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE ACCEPTANCE OF AN INTEREST IN REAL PROPERTY LOCATED AT 312 E. TENTH STREET IN THE CITY OF POMONA, CALIFORNIA AND CONSENTING TO RECORDATION OF GRANT DEED." Background: As part of the Ham Park Replacement Project property acquisition process, the City has agreed to acquire a property located at 312 E. Tenth Street in the city of Pomona (the "Pomona Property") in order to relocate the Christ New Testament Baptist Church (the "Baptist Church") currently located at 11822 Atlantic Avenue in the City of Lynwood. Discussion & Analysis: In order to preserve the City's ability to relocate the Baptist Church and obtain possession of the 11822 Atlantic Ave. property, it is necessary for the City to close escrow on the Pomona Property by August 7, 2005. The acquisition of the property will be accomplished pursuant to the terms of a Commercial Property Purchase Agreement and Joint Escrow Instructions (the "Agreement") to be executed by the City, the Baptist Church and Life Way Church (the current owner of the Pomona Property). Under the terms of the Agreement, the City will purchase and hold title (for a brief period of time) to the Pomona Property. On or about September 30, 2005 (the current estimated closing date for the acquisition of the 11822 Atlantic Avenue property), the City will transfer title to the Pomona Property to the Baptist Church, i,~i ~GENDA ITE~! and the Baptist Church will in turn transfer title to the property located at 11822 Atlantic Ave. to the City of Lynwood for relocation of Ham Park. Pursuant to Government Code Section 27281, the City Council must pass a resolution authorizing the acceptance of a conveyance of the Pomona Property and consenting to the recordation of the grant deed. Fiscal Impact: The total cost of the Pomona Property is One Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00). The City has made an initial deposit into escrow of $35,000.00 for the acquisition of the Pomona Property. The total expenditure for the Pomona Property, including escrow, title, documentation and other fees will be credited against the payment due to the Baptist Church for the City's acquisition of 11822 Atlantic Avenue. Coordinated With: Development Services (Mr. Grant Taylor) RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE ACCEPTANCE OF AN INTEREST IN REAL PROPERTY LOCATED AT 312 E. TENTH STREET IN THE CITY OF POMONA, CALIFORNIA AND CONSENTING TO RECORDATION OF GRANT DEED WHEREAS, the City of Lynwood is a public body, corporate and politic, established as a General Law City and is govemed by an elected body of five council members; and WHEREAS, Government Code §37350 gives a General Law City the power to purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit; and WHEREAS, pursuant to §37351 of Government Code, the legislative body of a City may purchase, lease, exchange, or receive real estate situated inside or outside the city limits as is necessary or proper for municipal purposes; and WHEREAS, the City is the process of acquiring by purchase the real property known as 312 E. Tenth Street in the City of Pomona, California, (APN Nos. 8333-0165-019 & 020) for the purpose of relocating the Christ New Testament Baptist Church located at 11822 Atlantic Avenue in Lynwood in order to obtain said property as part of the relocation of Ham Park; and WHEREAS, Government Code §27281 requires that grant deeds conveying interests in real estate to public agencies for public purposes be accompanied by a resolution of the agency before they may be accepted for recordation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lynwood hereby finds, orders and resolves as follows: Section 1. The City Council of the City of Lynwood hereby authorizes the acceptance of a conveyance by Life Way Church to the City of Lynwood upon the successful conclusion of the purchase agreement now pending for the real property located at 312 E. Tenth Street, in the City of Pomona. Upon the successful completion of the exchange and the close of escrow, the City of Lynwood, as grantee, further consents to the recordation of the Grant Deed for said real property. Section 2. That this Resolution is to be given effect immediately upon adoption. PASSED, APPROVED AND ADOPTED this __. day of ,2005. Ramon Rodriguez, Mayor ATTEST: Andrea Hooper, City Clerk APPROVED AS TO FORM: J. Amoldo Beltran, City Attorney AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: July 25, 2005 Honorable Mayor & Councilmembers.. N. Enrique Martinez, City Ma.n~[~tg,e)~,Z,, ' Andrea L. Hooper, City Cler,l~k~ Ofelia Munoz, City Clerk Ass-r~"aht SUBJECT: Second Reading of an Ordinance Recommendation: Staff recommends that the City Council adopt the following Ordinance. Background: On July 19, 2005 the City Council conducted a public hearing and introduced for first reading by title only the attached ordinance. Fiscal Impact: N/A Coordinated With: N/A AGENDA ITEM ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 3-31 TO THE LYNWOOD MUNICIPAL CODE REGULATING HOTEL OCCUPANCY AND REGISTRATION WHEREAS, persons who commit acts of prostitution jeopardize the public health, safety, and welfare of the residents of the City of Lynwood; and WHEREAS, persons who commit acts of prostitution contribute to increased crime in the City of Lynwood, and the general decay of neighborhoods in our City; and WHEREAS, the City wishes to reduce acts of prostitution taking place in hotels, motels and other temporary lodging facilities; and WHEREAS, the City Council finds and determines that having an ordinance regulating hotels, motels, and other temporary lodging facilities occupancy and registration is critical to preserving the public health, safety and welfare of all residents in the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That a new Section 31 tided HOTEL OCCUPANCY AND REGISTRATION is added to Chapter 3 of the Lynwood Municipal Code to read as follows: 3-31.1 Definitions. As used in this Section: "City" shall mean the City of Lynwood. "Guest" shall mean any person who occupies a Guest Room in a Hotel, as defined in this subsection. "Guest Room" shall be defined as any portion of a Hotel, which is designed or intended for Occupancy by a person for temporary lodging or sleeping purposes, including but not limited to suite, room, or bed. "Hotel" means any public or private space or structure for living therein, including but not limiting to any inn, motel, tourist home or house, motel rooming house, mobile home or other living place within the City, offering the right to use such space for sleeping or overnight accommodations wherein the owner or Operator thereof, for compensation, furnishes such right of occupancy to any occupant. "Occupancy" means the use or possession, or the right to the use or possession of any room or rooms or portions thereof, in any Hotel for dwelling, lodging or sleeping purposes. "Operator" means the person, as either an individual or other entity, who is proprietor of a Hotel, whether in a capacity of owner, lessee, sublessee, and mortgagee in possession, licensee or any other capacity. Where the Operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an Operator for the purposes of this section and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this section by either the principal or the managing agent shall, however, be considered to be compliance by both. "Rent" means the consideration charged, whether or not received, for the Occupancy of space in a Hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, and property and service of any kind or nature, without any deduction there from whatsoever. "Sheriff's Department" means the Los Angeles County Sheriff's Department, or any other successor law enforcement agency. 3-31.2 Registers. No Operator shall let or assign for any Guest Room to any Guest, until after such Guest provides all of the information in subsection 3-31.2.b. Register Information. Every Operator of any Hotel shall keep a register in which the following shall be entered: 1. The name and address of every person who is entitled to occupy each Guest Room; 2. A copy of photograph identification such as a California driver's license; and 3. The total of number of people who are entitled to occupy each Guest Room; and 4. The hour, day, month, and year of arrival and departure of each named Guest; and 5. The room number or other identifying symbol of location of the Guest Room rented or assigned to each named Guest; and 6. The daily rate charged and amount collected for rental of the Guest Room assigned to each named Guest. Daily Summary Sheets. The Operator of each Hotel within the City shall maintain a daily summary sheet for each day the Hotel is open for business containing, at a minimum, the following information: 1. The name of at least one (1) person entitled to Occupancy of each Guest Room which is rented or occupied that day; and 2. The room number; and 3. The daily rate and amount paid for the rental of the room; and 4. The number of the registration card applicable to the rental of the Guest Room; and 5. The Guest's vehicle license number, make and model, if any. Register Retention. Every Operator of a Hotel shall keep the register, which is required under subsection 3-31.2.a, available and in good condition for a period of not less than (3) three years from the entry of all required Guest information. The register may be maintained in the form of registration cards, provided all requirements of this section are otherwise met. Registration cards shall bear consecutive numbers, which shall be pre-printed on the registration cards by a print shop or manufacturer of the cards. Right of Inspection. Registration records and daily summary sheets shall be available at all times for inspection by any member of the Sheriff's Department or any authorized or designated representative of the City of Lynwood. No person shall alter, deface or erase such a register so as to make the information recorded therein illegible or unintelligible. Registration under false name. It shall be unlawful for any person to register at any Hotel in the City under the name of any other person, or of a fictitious person, or to sign or cause to be signed, any assumed false or fictitious name, or any name other than the true and correct name of the person so registering or so signing or causing his/her name to be signed. Registration under false address. It shall be unlawful for any person to register at any Hotel in the City under an address other than their own. 3-31.3 3-31.4 3-31.5 3-31.6 ao Posting of Identification of Operator. The nmne, business address and business telephone number of the Operator must be posted in a conspicuous location in the Hotel registration and/or lobby area. The Operator must provide to employees of the Hotel a telephone number where the Operator or his or her representative may be reached during any time the Hotel is in operation. Failure to post or to provide the information required in this section is punishable pursuant to subsection 3-31.6. Hourly Rates. No owner of any Hotel shall charge or accept money or other consideration by an hourly rate or any rate less than that, which is charged or accepted for one full day's accommodation within any twenty- four (24) hour period. No Guest Room shall be rented more than once in any twenty-four (24) hour period. Letting of Room to Person Under the Age of Eighteen Years Prohibited. Letting of rooms to persons under the age of eighteen years is prohibited. Any Operator of any Hotel in the City shall not allow any room or rooms to be occupied by any person under the age of eighteen years, unless such person is accompanied by his or her parent, parents, legal guardian, or other recognized adult individual with responsibility. Violations; penalties. Any person, including any Hotel Operator, who violates any provision of this Section shall be guilty of a misdemeanor. Each offense shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this Section is committed, continued or permitted, shall constitute a separate offense. 3.31.7 Non-Exclusive Remedy. This Section is not the exclusive remedy available to the City for regulating Hotels and shall be in addition to other regulatory codes, statutes and ordinances enacted by the City, the State, or any other governmental entity or agency having jurisdiction. SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: This ordinance shall take effect thirty (30) days after its final passage. SECTION 4: The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. First read at a regular meeting of the City Council held on the day of ,2005 and adopted and ordered published at a regular meeting of said Council held on the day of ., 2005. ATTEST: Mayor, Ramon Rodriguez Andrea L. Hooper, City Clerk APPROVED AS TO FORM: J. Amoldo Beltrgn, City Attorney AGENDA STAFF REPORT DATE: TO: APPROVED BY.' PREPARED BY: August 2, 2005 ~ Honorable Mayor and Members of ~e,F~/)Council N. Enrique Martinez, City Manager//~t~.///' Grant Taylor, Director of Development Services SUB3ECT: Pilot Program - Temporary Signs and Outside Display of lUlerchandise for Commercial Businesses City-Wide Recommendation: Staff recommends that the City Council provide comments, receive and file. Background: Temporary signs (i.e. banners, A-frames, sandwich boards, etc.) are not permitted. It is policy to issue a warning to businesses advising them to remove unauthorized signs and merchandise. Staff inspected properties in the photographs on Long Beach Boulevard that were given to the City Council on .lune 7, 2005. If code compliance was not observed a warning was given (Notice of Violation), and if a second inspection indicated non-compliance, a citation is issued. At the June 21, 2005 City Council meeting five (5) citizens who operate businesses on the north end of Long Beach Boulevard between Tw'ccdy Boulevard and Martin Luther King Jr. Boulevard addressed the City Council during public orals. The citizens complained that code enforcement was enforcing that temporary signs and outside displays of merchandise be removed pursuant to the Lynwood Municipal Code (LMC). The business owners stated they need temporary signs and/or outside display of merchandise otherwise their sales decline. Council directed staff to research the issue, meet with business owners, identify options and bring the item back. Discussion & Analysis: City Council directed staff to find a solution to the issues raised by merchants. Staff met with business owner on July 14, 2005 and discussed areas of concern to include: · Source and location of customers; · Number of Customers; · Loss of Revenue; · Location of Signs and/or Merchandise; · Window Availability; · Front setback availability; H:\W~RDF~LE~PLANN~NG\STAFFRPT~mem~c~unc~temp~rarysig~s&~utsidedi~p~ay~2~5~d~c Contingent on City Council approval, staff and the businesses agreed on a pilot program for three (3) months. Following are the standards: 1) 2) 3) 4) s) 6) 7) 8) Pilot programs runs from 3uly 15, 2005 through October 15, 2005; Maximum four (4) advertising items (i.e. banner, A-frame sign or merchandise; Banners must be attached to the building (i.e. not poles, trees, roof, benches) A-frame signs must be located next to buildings (i.e. not on sidewalks, curbs) Merchandise must be next to buildings (i.e. not on sidewalks, curbs, etc.) A-frame signs and merchandise shall not exceed six-feet (67 in height. If merchants violate provisions, one warning then a citation. Pilot program will be evaluated and returned to City Council in 3 months. The Lynwood Zoning Code, Chapter 25, was recently amended in May 2005. The previous zoning code allowed banners on a temporary basis subject to a permit. A- frames signs, sandwich boards and other exterior temporary signs were prohibited. Outside display of merchandise was strictly prohibited. The new zoning code was amended to prohibit any type of exterior temporary signage. The new zoning code was amended to allow outdoor display of merchandise and storage subject to specific standards. The intent of the LMC for temporary signs and outdoor display of merchandise is to keep the exterior of businesses neat and clean, protect the public safety, provide an even playing field for commercial competition, and consistency in enforcement. Staff will monitor issues relating to merchant revenues, aesthetic appearance, City image, and public health, safety and welfare. The item will be brought back to the City Council October 18, 2005 to review the status of the pilot program and potential future amendments to the zoning code. Fiscal Impact: Unknown. Enforcement may prove staff and time intensive. Coordinated With: Planning Division Code Enforcement Division Business License Division City Manager's Office H :\WORDFILEkPLANN1NG\STAFFRPT~nemo.cotmcil.temporarysigns&out sidedi~lay.8.2.0 5 .doc AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: August 2, 2005 Honorable Mayo~M~ .mbers of~eT~i.~,~.uncil N. Enrique Marti~;fe..~ager//'/.,~.///. Jim Given, Direc[or ~f Recreation & Community Services Execution of Consulting Services Agreement for Recreation Program Consultant Recommendation Staff recommends that the Council adopt the following two resolutions relative to entering into a Recreation Program Consulting Services Agreement with Operation Touchdown, Inc., a California non-profit corporation. The term of the proposed Agreement will be one (1) year, with a monthly consulting fee of $3,500.00. This Agreement will continue, redefine and expand the sports consulting services currently provided by Sports Ambassador, who is the president and sole director of Operation Touchdown, Inc. 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE RECREATION PROGRAM CONSULTING SERVICES AGREEMENT WITH OPERATION TOUCHDOWN, INC., A CALIFORNIA NON-PROFIT CORPORATION 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF FORTY-TWO THOUSAND DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE TO FUND THE RECREATION PROGRAM CONSULTING SERVICES AGREEMENT WITH OPERATION TOUCHDOWN, INC., A CALIFORNIA NON- PROFIT CORPORATION DURING THE 2005~2006 FISCAL YEAR Background On March 4, 2003, the City of Lynwood entered into a one-year agreement with the current Consultant for services in the capacity of Sports Ambassador. When that agreement expired, the City Council passed Resolution No. 2004.032, approving an extension of the agreement on a month-to-month basis through the end of the 2004-2005 fiscal year. On June 21, 2005, the City Council voted to extend the consulting services agreement for an additional year. The Consultant would like to continue providing services to the City by entering into a new, one- year agreement between the City and Operation Touchdown, Inc., a California non-profit corporation, of which the Consultant is the president and sole director. AGENDA I TEll Discussion & Analysis The Consultant has provided the City of Lynwood with such services as provision of awards to members of the community, acquisition of sports celebrities for citywide events, conduction of sports activities as well as anti drug/gang talks for local schools. During the term of the previous agreements with the City, the Sports Ambassador reported directly to the City Manager. Because the services provided by the Consultant involve recreation programs, staff recommends that administration of this agreement be assigned to the Recreation & Community Services Department, with the Consultant reporting directly to the Director of Recreation & Community Services or his designee. Based upon the nature of the services provided, the consultant services will be re-titled Recreation Program Consultant Services. In addition to continuing some of the awards programs that the Consultant has previously implemented, staff would like the Recreation Program Consultant to direct his efforts towards the following activities, as noted in Exhibit A of the attached agreement: · Acquire corporate sponsorship for citywide special events such as the Candy Cane Lane Christmas Parade and July 4th Celebration · Collaboration with City of Lynwood grant acquisition staff to identify and complete application materials in an effort to acquire funding for facility improvements as well as program development and implementation · Full implementation of a street hockey program · Continue to identify new and innovative sports activities along with sources of funding · To seek sponsors to provide the equipment and materials necessary to conduct departmental programs and activities · To seek out the participation of sports celebrities to participate in specific City programs and events as directed · To interface with local Professional Sports Teams to solicit their assistance and/or participation in specific City programs and events as directed · To represent the City at events, programs and meetings as assigned by the Director of Recreation & Community Services or his designee · To perform other services as identified by the Director of Recreation & Community Services Staff would bring a status report to the City Council for evaluation and consideration of a future agreement three (3) months prior to the expiration of the proposed agreement. Fiscal Impact $3,500/mo × 12 months = $42,000 from the General Fund recreatn\agenda items 2005\Recreation Program Consultant Services rev 8.2.2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE MAYOR TO EXECUTE THE RECREATION PROGRAM CONSULTING SERVICES AGREEMENT WITH OPERATION TOUCHDOWN, INC., A CALIFORNIA NON-PROFIT CORPORATION WHEREAS, on March 3, 2003 the City Council of the City of Lynwood (the "Council") entered into a one-year agreement with Mr. Shawn PowelI-Furillo to provide consulting services in the capacity of a Sports Ambassador for the City of Lynwood; and WHEREAS, the term of that agreement expired on March 4, 2004; and WHEREAS, upon the expiration of the term, the Council passed Resolution No. 2004.32, extending the agreement on a month-to-month basis through June 30, 2005, at a monthly rate of three thousand five hundred dollars ($3,500.00); and WHEREAS, during the initial term of the agreement and its subsequent extension, Consultant has provided numerous services such as the Citizen/Athlete of the Month Awards Program and the Citywide Youth Street Hockey Clinic, which have enhanced youth sports in the City of Lynwood; and WHEREAS, Council and Consultant wish to continue this beneficial consulting relationship; and WHEREAS, Consultant will now be providing its services through Operation Touchdown, Inc., a California non-profit corporation, pursuant to the provisions of a new Consulting Services Agreement; and WHEREAS, based on the nature of the services to be provided by Consultant, the new Consulting Services Agreement will be administrated by the Recreation & Community Services Department, and Consultant will report to the Director of Recreation & Community Services or his designee; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1. That the City Council authorize the Mayor to execute the attached agreement entitled "RECREATION PROGRAM CONSULTING SERVICES AGREEMENT." SECTION 2. That the City Council approve a budget of $ 3,500.00 per month for the term of the attached Agreement. SECTION 3. That this resolution take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 2nd day of August 2005. Ramon Rodriguez, Mayor ATTEST: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Amoldo Beltran City Attorney N. Enrique Martinez, 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 2nd day of August 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 2nd day of August 2005 Andrea L. Hooper, City Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING THE APPROPRIATION OF FORTY-TWO THOUSAND DOLLARS FROM THE UNAPPROPRIATED GENERAL FUND BALANCE TO FUND THE RECREATION PROGRAM CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND OPERATION TOUCHDOWN, INC., A CALIFORNIA NON-PROFIT CORPORATION DURING THE 2005/2006 FISCAL YEAR WHEREAS, Mr. Shawn PowelI-Furillo has provided consulting services to the City of Lynwood relative to youth programs since March 4, 2003; and WHEREAS, some of the services provided included the development of such community-based awards as the Citizen/Athlete of the Month and the Teacher/Apple Award, and WHEREAS, the City Council of the City of Lynwood and Consultant wish to continue this beneficial consulting relationship; and WHEREAS, the Consultant will now be providing its services through Operation Touchdown, Inc., a California non-profit corporation, pursuant to the provisions of a new Consulting Services Agreement; and WHEREAS, this Consulting Services Agreement was not funded as part of the 2005/2006 fiscal budget; and WHEREAS, the cost of these consulting services is $3,500.00 per month for a period of twelve months, with a total cost of $42,000.00. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. That the City Manager or his designee is authorized to carry out any necessary transactions as so ordered by this resolution. Section 2. That the funding appropriation in the amount of $42,000.00 be allocated from the unappropriated general fund balance in the following fashion: FROM ACCOUNT NUMBER Unappropriated General Fund Balance TO ACCOUNTNUMBER 01-4771-4220 Section 3. That this resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 2nd day of August, 2005. Ramon Rodriguez, Mayor Attest: Andrea L. Hooper, City Clerk Approved as to form: J. Arnoldo Beltran City Attorney Approved as to content: N. Enrique Martinez, City Manager Jim Given, Director of 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 2nd day of August 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 2nd day of August 2005. Andrea L. Hooper, City Clerk Recreation Program Consultant CONSULTING SERVICES AGREEMENT This agreement ("Agreement") is made as of by and between the City of Lynwood, a municipal corporation ("City") and Operation Touchdown, Inc., a California non-profit corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in the attached Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A. B. Time of Performance. Consultant shall complete the specific services according to the schedule of performance which is also set forth in Exhibit A. 2. Term of Agreement. This Agreement shall commence on July 1, 2005 (the "Commencement Date") and shall terminate on June 30, 2006 (the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement. On or before ninety (90) days prior to the Termination Date, Consultant and City shall meet to discuss this Agreement and its possible extension and or modification. In the event the Parties do not enter into a new agreement prior to the Termination Date, this Agreement shall continue on a month-to-month basis under the same terms for a period not to exceed three months following the Termination Date. If the Parties execute no new agreement by the end of the three-month period following the Termination Date, this Agreement shall terminate at the end of such three-month period. 3. Compensation. A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each service. Recreation Program Consultant ~ Consulting Services Agreement 1 B. Total payment to Consultant pursuant to this Agreement shall not exceed Forty-two Thousand ($42,000.00) Dollars, which shall be payable in monthly installments of Three Thousand Five Hundred ($3,500.00) Dollars. In the event that this Agreement continues beyond the Termination Date as specified in Section 2, the total additional payment to Consultant in the event no new agreement is signed shall not exceed the sum of $3,500.00 for each month of extension or the appropriate prorated amounts if less than a full month of additional services is involved at any time. C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Consultant to incur such expenses; and (iii) receipts documenting such expenses. 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control. 5. Addresses. City City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: Mr. N. Enrique Martinez, City Manager Consultant Operation Touchdown, Inc., a Califomia non-profit corporation Attn: Shawn Powell-Furillo, President 6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A - Scope of Services and Time of Performance (two (2) pages) Exhibit B - General Ten'ms and Conditions (six (6) pages) /// SIGNATURES ON FOLLOWING PAGE Recreation Program Consultant - Consulting Services Agreement 2 1N WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY CITY OF LYNWOOD By: Ramon Rodriguez, Mayor Date CONSULTANT OPERATION TOUCHDOWN, INC., A CALIFORNIA NON-PROFIT CORPORATION By: Shawn Powell-Furillo, President Date ATTEST: By: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: By: J. Amoldo Beltrzln, City Attorney Recreation Progmm Consultant - Consulting Services Agreement 3 EXHIBIT A DESCRIPTION Seek and Identify Sponsors For City events Grant Identification/ Preparation FUNDING ACQUISITION DEADLINE PERFORMANCE MEASUREMENT 2-3 months prior Event date *Nuestras Fiestas Patrias 9/05 *Candy Cane Lane Christmas Parade 12/05 *Black History Month Program 2/16 *Cinco de MayoPmgram 5/05 *Juneteenth Program 6/05 *July 4th Celebration *National Night Out - Block Watch Program 9/1/05 (1) grant identified for consideration per month and (1) grant application Completed per (3) month period SPECIFIED PROGRAMS/PROJECTS Note: All programs identified below will be integrated into the program calendar and operated by City staff upon the acquisition of sponsorship for expenses, acquisition of volunteers and provision of programmatic input by the Consultant. This policy would also apply for any programs not identified below and added dudng the term of this agreement. DESCRIPTION Street Hockey Program Flag Football Clinic DEADLINE 7/31/05 10/05 Mobil Recreation Program 9/05 Awards Programs: 1. Citizen Athlete of the Month 2. Teacher/Apple 3. Rally Behind the Resident 4. Mayor for a Day Sports Memorabilia Project 7/19/05 Ongoing basis 12/05 PERFORMANCE MEASUREMENT 25+ participants each session Meeting at least 2 days/wk Coordinate in conjunction with the kick-off Of the youth flag football program free of charge for program enrollees. Acquire the equipment necessary to provide Various recreation programs with mobility to Go to various neighborhoods throughout the City. 1 recipient per month each category (2nd City Council meeting of each month) Begin to assemble and inventory Sports Memorabilia in conjunction with the Wall of Fame in foyer of Community/Transit Center on a permanent basis. Recreation Program Consultant Exhibit A EXHIBIT A GENERAL ONGOING PROGRAMS DESCRIPTION Identify new programs And corresponding funding Source for program Acquisition of Sports Celebrities for City Events Acquisition of Professional Sports Teams to participate In City Events DESCRIPTION Meet with Director and/or His Designee Meet with program and/or Grant staff To represent the City Meetings/events DEADLINE PERFORMANCE MEASUREMENT Immediately 2 - 3 programs per month Ongoing basis Programs to be identified by City Staff Ongoing basis Programs to be identified by City Staff MEETINGS DEADLINE PERFORMANCE MEASUREMENT 7//5/05 On a weekly basis immediately upon City Council approval of extension of agreement Ongoing basis As necessary in relationship to specific activities As needed Upon the request of the Director or his designee PROCEDURAL ISSUES · Consultant's president shall meet with the Director or his designee on a weekly basis, or according to such other schedule as may be designated by the Director (provided that such meetings take place on days and times mutually convenient to Director and Consultant's president). The meetings shall be for the purpose of reviewing the status of current activities/programs as well as to review new assignments/activities · Prior to distribution, Consultant must submit all documents, mailings and solicitations prepared pursuant to this Agreement to the Director for review and approval · Consultant's services are to be of an advisory, investigational, promotional or organizational nature. Consultant may not negotiate on behalf of the City of Lynwood or commit the City of Lynwood to any course of action · All donations received by Consultant on behalf of the City in connection with the services provided under this Agreement shall automatically become the property of the City of Lynwood · All programs developed by Consultant shall be coordinated with the City of Lynwood Recreation & Community Services Department staff member responsible for the particular type of program being developed. For example, the Youth Flag Football Program would be coordinated with the Department staff member who oversees youth sports. JG:jg Recreatn~Agreements~Recreatlon Program Consultant Services Attachment A rev 8.2.2005 Recreation Program Consultant Exhibit A EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. 2. Standard of Performance. A. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. The City Manager or his/her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A. However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager or his/her designee. B. The Director of Recreation and Community Services for the City shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder. 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and Recreation Program Consultant - Consulting Services Agreement 1 Exhibit B knowledge of Consultant to perform said services and duties. B. To the extent permitted by law, Consultant agrees to indemnify and hold harmless City, its officers, employees, agents and volunteers from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, known or unknown, and all costs and expenses, including reasonable attorneys' fees as fixed by the court in connection with any injury or damage to persons or property to the extent caused by any negligent act, error, omission or negligence of Consultant, its officers, employees, agents, contractor, subcontractors or any officer, agent or employee thereof in relation to Consultant's performance under this Agreement. Such defense and indemnification shall not apply in any instance of and to the extent caused by the negligence or willful misconduct of City, its officers, employees, agents or volunteers. C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any tights hereunder. This obligation to indemnify and defend City as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City. 4. Insurance. A. Without limiting Consultant's indemnification of City pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement insurance against claims for injuries to persons or damages to property arising from or in connection with the occupancy, use or operation of the Licensed Premises by Consultant, its officers, employees, agents, independent contractors or volunteers. B. The types and amounts of insurance shall be as described below, and an insurance company admitted to do business in California and approved by the City must issue all such policies. (i) General Liability Insurance coveting third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other fom~ with a general aggregate limit is used, either the general aggregate shall apply separately to the Leased Premises, or the general aggregate limit shall be twice the occurrence limit; (ii) Automotive Liability insurance, in a minimum amount of $1 million per accident for bodily injury and property damage; Recreation Program Consultant - Consulting Se[vices Agreement 2 Exhibit B (iv) Workers' Compensation insurance on a state approved policy form with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; (iii). Property damage insurance with a mininaum limit of $500,000.00. C. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability, automotive liability and property damage. D. All insurance policies shall provide that the insurance coverage shall not be non- renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property Recreation Program Consultant - Consulting Services Agreement 3 Exhibit B of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject ora copyright application by Consultant. 7. Contlict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. 8. Termination for Cause. Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under this Agreement within seven (7) days after receipt from City of a written notice of such default, or should Consultant violate any of the terms and conditions of the Agreement, City may terminate this Agreement with cause upon thirty (30) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Recreation Program Consultant - Consulting Services Agreement 4 Exhibit B Agreement. Financial information submitted to the City Manager shall be retumed to Consultant after review and shall not be retained by City. 11. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full Recreation Program Consultant - Consulting Services Agreement 5 Exhibit B force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agrec~ment. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Recreation Program Consultant - Consulting Services Agreement 6 Exhibit B AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: August 2, 2005 , Honorable Mayor and City Council I~ N. Enrique Martinez, City Manager//./G.///' Grant Taylor, Director of Development Services ~; t Subject: Special Permit - Temporary Auto Sales 11221 Long Beach Boulevard, Unit "C" (Plaza Hexico) Recommendation: Staff recommends that the City Council consider the special permit request, accept testimony from the applicant and interested persons, and deny the special permit request. Background: Staff has received a request from Sicrea International LLC to install a temporary booth for three (3) months from August 15, to October 15, 2005 in order to sell automobiles. Sicrea Tnternational is an auto financial company that assists people living in the Los Angeles area to purchase a car for relatives in Mexico. Discussion & Analysis: Lynwood Municipal Code (LMC) Section 4-8.8 requires City Council approval of a special permit for temporary sales, parking lot sales, sidewalk sales and similar retail sales. The applicant proposes to erect a temporary canopy booth outside a tenant space behind the Food 4 Less Store within the Plaza Mexico Shopping Center. The temporary booth would consist of employees, tables, chairs and vehicle(s) and would be operated Monday through Saturday 10:00 a.m. to 8:00 p.m. and Sunday 10:00 a.m. to 7:00 p.m. Staff is concerned that the proposed use is inconsistent with code requirements and previous policy to include: LMC Appendix A allows new and uses car sales in the C-2A (Medium Commercial), C-3 (Heaw Commercial) and M (Manufacturing) zones only. The subject property is located in the CB-1 (Controlled Business) zone. · LMC Section ~-11 limits parking lot and similar sales to a duration of three (3) days. The applicant is requesting three (3) months. · Other auto sales establishments are either legal nonconforming of have obtained a Conditional Use Permit. AGENDA ITEM · Previous temporary auto sales requests have been denied. H:\~RDF~LE~pLANN~NG\STAFFRPT~em~unci~specia~pennit~aut~sa~esp~a~ex~c~8~2~5 .doc Fiscal Impact: if the City Council considers approval, the point of sale should be considered to ensure the City of Lynwood receives sales tax. In addition, vehicle lease in-lieu fees should be considered. Coordinated with: Planning Division Business License Division Attachments: Application Letter from Applicant Location Map H:\~RDF~LE~PLANN~NG\STAFFRPT~em~.c~unci~.specia~permit~aut~sa~esp~a~mexic~.8~2-~ 5.doc APPLICATION FOR SPECIAL PERMIT CITY OF LYNWOOD 11330 BULLIS ROAD LYNWOOD CA 90262 310-603-0220 APPLICANT INFORMATION: NAME~_~-~I,"~_~_A /NFMZ, k~7~OA)ALI LC CDL#: ADDRESS: (~II-~."IIZ~-I ~/~(~ P~L:VO. PHONE: (D ~(.p CITY: L~AJ(O0~F) ZIP: NUMBER OF PERSONS EMPLOYED: J SBE: (State Board of Equalization Number) EVENT INFORMATION TYPE OF PERMIT REQUESTED: DATE(S) OF EVENT: :'~ HOURS Of OPERATION: ~0N-D~T ADDRESS OF PROPOSED EVENT LOCATION: {~0Tt~O0~ OF ~SPECIFIC AREA DESIGNATED FOR EVENT: IS STREET CLOSURE BEING REQUESTED: YES (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:) (CIRCLE ONE) IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE: HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFQRE'? YES "~S THIS A FOR-PROFIT~R NON-PROFIT EVENT? (CIRCLE ONE) IF THIS ISA NOH-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFITA NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING: NAME OF ORGANITATION BEING BENEFITED: STATE NON-PROFIT NUMBER: ADDRESS OF ORGANIZATION: PHONE: YES IS A WAIVER OF FEES BEING REQUESTED: IF YES, EXPLAIN: A NEGOTIATED PERCEN fACE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY. /, I HERERY {,;ER'I'IF'Y THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND <~/N. ~)F_ c.v. IW ME)<Ico city. ~:~1 MEXICO, THE C.:A,~.~ uatLL I~F__ "DELIVERED 1Nl Wi::XlCO' AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: Recommendation: August 2, 2005 Honorable Mayor & City Council Me/~13,,~/_,~ N. Enriqu~l~rtine~ity Managey/,,,~.///. Jim Giv~l~)-ir'eC'for of Recreation & Community Services John D. B~rk Historical Pacific Electric Depot Station Staff recommends that the City Council review this staff report along with the attached proposal and approve the requested usage by Drive-By Agony for a period not to exceed one-year with the following fees associated with their usage. a. The proponent pays a monthly rental fee in the amount of $400 that is significantly less than the resident non-profit rental fee for the use of room #1 of the Community/Transit Center. This reduced fee is recommended based upon the size of the facility along with the fact that it does not have water or restroom access. b. The user pays all utility costs such as telephone, electricity as well as the monthly cost of the alarm system for the facility during the term of the agreement. Background: On February 24, 1994 the former Pacific Electric Red Car Station was dedicated and named in honor of former Mayor, the late, John D. Byork. This structure was relocated to Lynwood City Park and refurbished through the use of State of California grant funds based upon the fact that the building qualifies as a historical landmark. Discussion & Analysis: There are significant limitations to what the facility can be used for based upon its small size as well as the fact that the building has no running water or restroom facilities. It has been used for various purposes since its relocation. These uses have included; recreation classes and activities, site for the sale of arts & crafts as well as a facility to house local community-based non profit corporations. Drive-By Agony is a local C.B.O. that made significant use of the facility. Drive-By Agony used the facility for almost eight (8) years as a main office to house the provision of their services. This organization provides victims with support services as well as youth violence prevention workshops. They also used the facility to operate a concession stand. At this concession stand candy, sodas and related items were sold. The facility was used primarily on weekday, daytime hours. Drive-By Agony used the facility without a rental fee associated with its usage. Based upon growth in programming along with spatial limitations created by the loss of the community buildings located at the former Ham Park site, the Recreation & Community Services Department is currently working with Environmental Services to complete a rehabilitation of the facility. Upon the completion of the rehabilitation it was the intention of staff to use the facility for such activities as a classroom to house special interest classes that cannot be currently accommodated in the Community/Transit Center or the Youth Center as well as the meals program for youth. Drive-By Agony has approached the City of Lynwood via the attached document requesting to again have access to the facility to house its services. OPTIONS 1. Limit the availability of the facility solely for City operated programs. 2. Approve the requested usage by Drive-By Agony for a period not to exceed one-year with the following fees associated with their usage. a. The proponent pays a monthly rental fee in the amount of $400 that is significantly less than the resident non-profit rental fee for the use of room #1 of the Community/Transit Center. This reduced fee is recommended based upon the size of the facility along with the fact that it does not have water or restroom access. b. The user pays all utility costs such as telephone, electricity as well as the monthly cost of the alarm system for the facility during the term of the agreement. Staff is recommending that the proponent pays a rental fee based upon the fact that the City Council adopted a policy that does not include any provisions for a fee waiver for exclusive usage of a City owned facility. Additionally, there are currently no provisions within the City's facility rental policy to allow for exclusive use of a City owned facility by a local non-profit corporation. Approving the requested usage by the proponent may foster increased requests such as this one. Staff would also recommend that the proponent be responsible for costs associated with all utilities including the monthly alarm fee currently being paid by the City based on the fact that Drive by Agony will have exclusive use of the facility. Fiscal Impact: Facility Rental Income $400.00/mo x 12 months = $4,800.00 Coordinated With: Environmental Services and Finance Departments Attachment Recreatn~Agenda Items 2005\Trolly Depot Station 8.2.2005 P R C/P O S A L A N D EXPANSION PLAN CITY FtA~IAGER'S OFFICE CURl gNT PROGRAMS - OUTREACH SERVICES Youth violence prevention ([2-week) programs - ages 5-18 -Victims support services all Race & gender - Day of awareness Victims outreach - Intervention and prevention workshops- ~arent education -Community services-Juvenile delinquent (probation) program- Refet~s DRIVE BY AGONY PLAN \Ve are requesting from the Lynwood City Council, permission to move back in the old railroad station located on the grounds of the Recreation and paxks. At the fadlity, youth would be able take advantage of our life learning programs, and victims of any' crime would get services and referrals. With our vast experience, and knowledge we, would provide a safe place for our youth to come when visiting the park. As you are aware of the park is currently not a safe place to be all of the time. At our place youth could call home if in trouble, we would provide violence prevention strategies to youth to help stop fights in the~park, if someone were being chased that person could have our facility to come to so they can mil for help. When we were in the building, which was 8 yeats, we broke up numerous fights; many children used our phones to call home so they could get home safely. On one occasion a youth came in and said someone was chasing him through the park, he did not know if they had a gun or not~ Seventeen years ago, Drive By Agony set out to help stop the Violence in our community and we were successful in the 1990's here in Lynwood and Los Angeles County as a whole, crime went down. After the death of my firstborn son, Joe Hawkins I help other victims through the grieving process, help other mothers to apply the stop the violence method in their communities. Noxv there is a violence prevention movement, a movement to stop violence, and this is a good thing. Drive By Agony has been in the forefront of that movement, working clBigently with victims of crime and providing youth with viable tools to help them combat violence, prejudices, and anger. Federal Tax I.D. number is 95-4938310 WHAT IS NEEDED TO MAKE THIS HAPPEN Your permission to move back in the old rail road station, use of the Youth Center for larger groups, the timing can be work out with existing groups that use the center Continue to find on going funding sources to help keep building staffed and pay for the daily expenses of operations Currently our funding sources are: The California Wellness Foundation - The California Endowment - Toyota corporation - Federal Employees Charitable Campaign-- First California Bank - The Village Institute/Father Joe STOP THE I/IOL~NCE IS OUR MOTTO- "FO M.d]qY OF OUR YOUTH" LOS. rING THEIR LII 'ES TO SENSELSS I, ffOI_,ENCE - HELP US TO aTOP ITt 1. Can one person make a difference you bet they can, and you could be one of tho~e people that could make it happen? Program Outcomes 1. To increase awareness of the psychological impact of violence and promote the emotional and psychological well being of our parficwants 2. To improve participants capacity to choose positive alternatives to violent and destructive behavior. 3. To expand access to supportive services to victims and youth participants Our current staff members are Carlotta Ervin counselor, Biilie Hedges, part time secretary, and Loma Hawkins, Executive Directur/Yiolence prevention specialist. We have 9_5 volunteers, and 8 board members. Since 1988, Drive By Agony has been leading advocate against violence for the past 17 years. Our mission is to provide support to families of victims and to involve victims m helping reduce violence. Violence Prevention da~es strive to increase awareness of the psychological impact of violence and teach students non- violent ways to manage stress and anger. It is our goal to improve the future victims and perpetrators of violence capacity to choose positive alternatives to violent and destructive behavior.