HomeMy Public PortalAbout2006-10-03CC
This Agenda contains a brief general description of each item to be considered. Copies of the Staff
reports or other written documentation relating to each item of business referred to on the Agenda are on
file in the Office of the City Clerk and are available for public inspection. A person who has a question
concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressino 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
AGENDA
ITEMS ON FILE FOR CONSIDERATION
AT THE REGULAR MEETING OF
THE L YNWOOD CITY COUNCIL
TO BE HELD ON
OCTOBER 3, 2006
COUNCIL CHAMBERS
11330 BULLIS ROAD, L YNWOOD, CA 90262),
5:00 P.M. :'
LETICIA VASQUEZ
MAYOR
REVEREND ALFREDDIE JOHNSON, JR.
MAYOR PRO-TEM
LOUIS BYRD
COUNCILMEMBER
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FERNANDO PEDROZA
COUNCILMEMBER
MARIA TERESA SANTILLAN
COUNCILMEMBER
CITY MANAGER
N. ENRIQUE MARTINEZ
CITY CLERK
ANDREA L HOOPER
OPENING CEREMONIES
1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
Louis Byrd
Reverend Alfreddie Johnson, Jr.
Fernando Pedroza
Maria T. Santillan
Leticia Vasquez
4. PLEDGE OF ALLEGIANCE
5. INVOCATION
CITY ATTORNEY
J. ARNOLDO BELTRAN
CITY TREASURER
IRIS PYGATT
6. COUNCIL RECESS TO:
LYNWOOD INFORMATION INC.
L YNWOOD PUBLIC FINANCE AUTHORITY
L YNWOOD REDEVELOPMENT AGENCY
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).)
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.
7. MINUTES OF PREVIOUS MEETINGS:
Regular Meeting - September 19, 2006
8. APPROVAL OF THE WARRANT REGISTER
Comments:
City of Lynwood warrant register dated October 3, 2006 for FY 2006 - 2007.
Recommendation:
Staff recommends that the City Council approve the warrant register.
9. REQUEST FOR PROPOSALS FOR RECREATION CONSULTANT SERVICES
Comments:
Operation Touchdown, Inc. has provided recreation consulting services to the City of
Lynwood for the past three (3) years. At the June 20, 2006 City Council Meeting, the
current contract was extended for six-months to December 31, 2006 and staff was
directed to issue a Request for Proposals (RFP) in order to comply with the City's
purchasing ordinance and to obtain the most qualified consultant for the City.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING CITY STAFF TO
RELEASE A REQUEST FOR PROPOSALS TO QUALIFIED CONSULTANTS TO
PROVIDE RECREATION CONSULTANT SERVICES FOR THE CITY OF L YNWOOD".
2
10. AWARD OF CONTRACT TO PAGEANTRY PRODUCTIONS TO PRODUCE THE
CANDY CANE LANE CHRISTMAS PARADE
Comments:
The City of Lynwood hosts an annual Christmas Parade with the assistance of Pageantry
Productions. The annual cost for this professional service is approximately $25,000.
According to the City's purchasing ordinance, all contracts in excess of $15,000 are
required to be executed by the Mayor
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING
THE MAYOR TO EXECUTE A THREE (3) YEAR CONTRACT WITH PAGEANTRY
PRODUCTIONS TO PRODUCE THE ANNUAL CANDY CANE LANE CHRISTMAS
PARADE".
11. CITY ATTORNEY CONTRACT AMENDMENT
Comments:
The purpose of this item is to have the City Council ratify its earlier action to have the City
Attorney provide litigation services for the City. This action maintains the current
spending cap of $35,000 per month in place for routine services. There is no spending
limit for the litigation services.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A FIRST AMENDED CITY
ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA, FOR
PROVISION OF CITY ATTORNEY SERVICES."
12. REQUEST FOR SPECIAL PERMIT: HARRIS AVENUE - NEIGHBORHOOD MEETING
Comments:
A request was made by a resident of Harris Avenue to close a portion of Harris Avenue
(between Josephine and Agnes), to conduct a Neighborhood Meeting on Saturday,
October 14, 2006 from 5:00 p.m. - 8:00 p.m.
Recommendation:
Staff recommends that the City Council approve the street closure for this Neighborhood
meeting with a waiver of permit fees for the street closure.
3
13. REAPPROPRIATION OF UNALLOCATED BOND PROCEEDS FOR CAPITAL
PROJECTS
Comments:
Since 1995 the City of Lynwood, through the Lynwood Public Financing Authority and the
Lynwood Utility Authority, has issued certain revenue bonds to be used for a variety of
capital improvement projects. Some of the bond proceeds remain unallocated and must
be used to avoid deobligation. At the same time, the needs for additional funding exist
among previously approved capital improvement projects, which are eligible for the bond
funding. Staff reviewed the City's Bond funds and identified proceeds that have not been
used. Funding for the proposed appropriations will come from the previously approved
but unallocated bond proceeds.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AUTHORIZING
THE REAPPROPRIATION OF UNALLOCATED BOND PROCEEDS FOR SPECIFIED
CAPITAL IMPROVEMENT PROJECTS".
14. TITLE II FORMULA GRANT APPLICATION
Comments:
The State of California Corrections Standards Authority (CSA) recently announced the
release of the Title II Formula Grants Program. Funds made available through this
program support delinquency prevention/intervention efforts designed to curb juvenile
crime and delinquency. The grants available are for a 12-month period scheduled to
begin April 1 , 2007. The complete grant application is due prior to October 17, 2006. The
possibility of funding for two additional years exists if Congress appropriates the funds
and the approved project has demonstrated effectiveness.
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE APPLICATION
FOR FEDERAL GRANT FUNDS AVAILABLE THROUGH THE TITLE II FORMULA
GRANTS PROGRAM".
DISCUSSION ITEMS
15. COMMISSIONS AND BOARDS
Comments:
At the regular meeting of September 19, the Council made nominations to fill vacancies
on the commissions and boards.
Recommendation:
After Council review appointment by motion the nominated Commissioners to their
respective Commission and Boards.
4
16. ADOPTION OF AN ORDINANCE TO GOVERN THE PURSUIT OF GRANT FUNDING,
AND THE SOLICITATION OF GIFTS AND DONATIONS TO THE CITY
Comments:
The purpose of this item is to have the City Council adopt a policy delegating authority to
the City Manager and City staff to pursue grants and solicit donations and gifts on behalf
of the City.
Recommendation:
Staff recommends that the City Council introduce for first reading by title only the
attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
L YNWOOD ADDING SECTION 6-7 TO THE L YNWOOD MUNICIPAL CODE
ESTABLISHING A POLICY GOVERNING GRANTS, DONATIONS AND GIFTS TO THE
CITY AND CONDITIONS OF ACCEPTANCE THEREFOR, DELEGATING LIMITED
AUTHORITY TO CITY STAFF TO SOLICIT AND ACCEPT GRANTS, DONATIONS AND
GIFTS, AND PROVIDING FOR ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES
TO GOVERN DISPOSITION THEREOF."
DISCUSSION ITEMS - CITY COUNCIL REQUESTS
17. SENOR CENTER SCULPTURE UPDATE
Comments:
At the June 6 City Council Meeting, the proposed bronze sculpture for the Senior Center
by Camilo Ramirez was presented for Council consideration. Staff was directed to
convene another meeting of the Senior Center committee and provide the committee with
alternative sculptures and artists for their consideration.
Recommendation:
Staff recommends that the City Council receive an update from staff on the status of the
sculpture.
18. PILOT PROGRAM - CIVILIAN PATROL
Comments:
At the request of a Council Member the attached proposal for a pilot program for a
Civilian Observer Program is attached for Council consideration.
Recommendation:
Staff recommends that the City Council review the request and direct staff accordingly.
5
19. FIRST AMENDMENT TO AGREEMENT FOR LEASE & DEVELOPMENT FEES - THE
CITY OF L YNWOOD AND BULLETIN DISPLAYS, LLC
Comments:
The purpose of this item is for the City Council to consider and take action upon a first
amendment to the agreement between the City of Lynwood and Bulletin Displays
regarding the installation of billboards and associated lease and development fees.
Recommendation:
Staff recommends that the City Council review and discuss the first amendment to
agreement for lease and development fees by and between the City of Lynwood and
Bulletin Displays, LLC.
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
CITY COUNCIL MEMBER REPORTING ON MEETINGS ATTENDED (GOV. CODE SECTION 53232.3 (D))
LETICIA VASQUEZ, MAYOR
REVEREND ALFREDDlE JOHNSON, JR., MAYOR PRO-TEM
LOUIS BYRD, COUNCILMEMBER
FERNANDO PEDROZA, COUNCILMEMBER
MARIA T. SANTILLAN, COUNCILMEMBER
CLOSED SESSION
20. CLOSED SESSION ITEMS
A. 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" to this agenda.
City Negotiator:
City Council, City Manager, City Attorney, Development Services
Director and Universal Field Services, Inc.
Negotiating:
See listing of properties and property owners ("Seller" or
"Seller's") in Attachment "A" to this agenda.
Under Negotiation:
Price and terms of payment - Seeking authority to make offer to
Seller's 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.
B. With respect to every item of business to be discussed in closed session pursuant to
Section 54957:
PUBLIC EMPLOYEE APPOINTMENT
1. Assistant City Manager - Finance
6
C. With respect to every item of business to be discussed in closed session pursuant to
Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
Two (2) Cases
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON OCTOBER 17, 2006 AT 5:00 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF L YNWOOD, CALIFORNIA.
7
CITY COUNCIL AGENDA ITEM
OCTOBER 3, 2006
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, PURSUANT TO
GOVERNMENT CODE SECTION 54956.8.
Properties:
See listing of properties by Address and Assessor
Parcel Numbers in Attachment "A" to this agenda.
City Negotiators:
City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating Parties:
See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this agenda.
Under Negotiations:
Price and terms of payment - Seeking authority to
make offer to Seller's 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.
APN
6189-019-060,
061
6189-019-003
6189-019-058,
059
6189-019-007,
008
6189-019-009,
010
6189-019-011
6189-019-012
6186-036-001
6186-036-029
6186-036-030
6186-036-006
6186-036-007
6186-036-008
ATTACHMENT "A"
Conference with Real Property Negotiators
Ham Park Replacement Project
Commercial Properties
City Council Meeting
October 3, 2006
COMMERCIAL/MIXED USE PROPERTIES
Owner
Site Address
Tacos Mexicos Inc.
11800-11808 Atlantic Avenue
Bhagat, Narayan & Ranjan 11812 Atlantic Avenue
Christ New Testament 11820-11832 Atlantic Avenue
Baptist Church of L.A.
Ornelas, Raul & Isabel 11836 Atlantic Avenue
Trust/Ornelas Family
Ornelas, Raul & Isabel 12000-12006 Atlantic Avenue
Trust/Ornelas Family
Patel, Navin & Champa 12012 Atlantic Avenue
Nabulsi, Walid/Mohanned 12022 Atlantic Avenue
Chin, David & Jackie & 12100 Atlantic Avenue
Chen, Becky
Bhagat, Vinodbhai Trust 12108 Atlantic Avenue
Ghagat, Vinodgha Trust 12120 Atlantic Avenue
Ballard, William Trust 12130 Atlantic Avenue
J L Flores DDS Inc. 12134 Atlantic Avenue
Ballard, William & Katherine12140 Atlantic Avenue
ATTACHMENT "An
Page 2
6186-001-011
Alfaro, Froylan & Jorge
12001 Atlantic Avenue
6186-001-007
Loera, John & Mary
12015 Atlantic Avenue
6186-001-004,
005, 006
Vasquez, Leonel
12017-12031 Atlantic Avenue
6186-001-002
Michalak, Michael
12035 Atlantic Avenue
RESIDENTIALN ACANT PROPERTIES
6189-019-900 Lynwood Redevelopment NEC Atlantic Avenue &
Agency Josephine Street
6189-019-056, Lynwood Redevelopment NWC Josephine Street &
057' Agency Virginia Avenue
6189-019-013 Chalvin, Myron Z. Trustee 11801 Virginia Avenue
6189-019-014 Chavez, Lucia 11807 Virginia Avenue
6189-019-015 Casas, Jesus & Patricia 11815 Virginia Avenue
6189-019-016 Membreno, Julio & Juana 11819 Virginia Avenue
6189-019-017 Contreras, Ramiro & Livier 11825 Virginia Avenue
6189-019-018 Tostado, Ernesto & Adrian 11833 Virginia Avenue
6189-019-019 Mosqueda, Rogelio & Maria 11837 Virginia Avenue
6189-019-020 Gatlin, Signe Conita Trustee 11845 Virginia Avenue
6189-019-021 Cruz, Guillermina 11851 Virginia Avenue
6189-019-022 Vasquez, Inez & Maria 11857 Virginia Avenue
6189-019-025 Cajero, Maria (Estate of) 11867 Virginia Avenue
6189-019-027 Aguiar, Gaudencio & Amarilis 11869 Virginia Avenue
ATTACHMENT "A"
Page 3
6189-019-030
6189-036-028
6189-036-027
6189-036-026
6189-036-025
6189-036-024
6189-036-023
6186-001-024
Quezada, Salvador 5121 Lavinia Avenue
Nabulsi, Mohammed, et al 5124 Lavinia Avenue
Jones, Sarah 12111 Virginia Avenue
Zavala, Pedro & Rebecca 12115 Virginia Avenue
Alvarez, Teofilo & Noemi 12121 Virginia Avenue
Cullens, Charles & Joyce 12127 Virginia Avenue
Preciado, Roberto & Imelda 12205 Virginia Avenue
Chavez, Ascencion & Margarita 12011 Atlantic Avenue
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
October 3, 2006
Honorable Mayor and Council Members
N. Enrique Martinez, City Manager
Andrea L. Hooper, City C1ertM
Albert Espinoza, Deputy City Clerk
Lynwood City Council Minutes
Recommendation: Staff recommends the City Council approve following
minutes:
· Regular Meeting, September 19, 2006
Background: N/A
Fiscal Impact: N/A
Coordinated With: N/A
AGENDA
ITEM
7
L YNWOOD CITY COUNCIL
REGULAR MEETING
SEPTEMBER 19, 2006
The City Council of the City of Lynwood met in a regular meeting in the Council
Chambers, 11330 Bullis Road on the above date at 5: 15 p.m.
Mayor Vasquez presiding.
Council Members Byrd, Johnson, Pedroza, Santillan, and Vasquez were present.
Also present were City Manager Martinez, City Attorney Medina, 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 item #14 - CONTRACT AMENDMENT FOR ABSG
CONSULTING, INC. WATER SYSTEM BIOTERRORISM VULNERABILITY
ASSESSMENT. She also spoke on item #24 - ACKNOWLEDGMENT OF NFL
STADIUM PROPOSAL. She has concerns on how many residents will be displaced
(from their homes) if a stadium is built in the City of Lynwood.
Ralph Valenzuela spoke on #15 -ACCEPTANCE OF ATLANTIC AVENUE (MARTIN
LUTHER KING BLVD TO ABBOTT ROAD) STREET IMPROVEMENT PROJECT,
PROJECT NUMBER 05-5308 AND 05-5309. He also spoke on item #16 - AWARD OF
STATE STREET (L YNWOOD RD. TO IMPERIAL HWY.) STREET IMPROVEMENT
PROJECT, PROJECT NUMBER 05-5258, FEDERAL PROJECT NO. STPL 5250 (007)
He said Bannaoun Engineers-Contractors has not paid prevailing wages for those
projects.
Sylvia Ortiz commented on item #24 - ACKNOWLEDGMENT OF NFL STADIUM
PROPOSAL. She believes that bringing an NFL Stadium in the City of Lynwood is a
complete joke. To propose to get rid of Marco Antonio Firebaugh High School to make
room for an NFL Stadium is not good.
PUBLIC ORAL COMMUNICATIONS
Alex Landeros thanked the Council for the donations to the Aguascalientes events.
Paulette Bradley suggested that the City paint the curbs in red and make the streets
one way to alleviate the congestion.
Maria Guadalupe Vasquez commented that it appears one of her neighbors is selling
drugs and commented on other nuisances.
Jack Keen commented that he would like the Council to build a 'granny & the babies'
park on the Southeast side of the City.
Sylvia Ortiz is concerned why the Council Members are getting paid to attend City
sponsored events.
Irene Garcia requested trolley shelters.
Mayor Pro Tem Johnson commented he is getting tired of people spreading lies and
disrespecting the Council.
PUBLIC HEARING
Item #7
APPROPRIATION OF FISCAL YEAR 2006 SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS ALLOCATED BY SB 823
(POOCHIGIAN) FOR FRONT LINE LAW ENFORCEMENT SERVICES IN
L YNWOOD
It was moved by Council Member Byrd, seconded by Council Member Pedroza, and
carried to open the public hearing.
Being there were no public comments, it was moved by Council Member Byrd,
seconded by Council Member Santillan, and carried to close the public hearing.
After discussion, it was moved by Council Member Santillan, seconded by Council
Member Pedroza, to adopt the Resolution.
RESOLUTION NO. 2006.170 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD APPROVING
THE ALLOCATION OF FUNDS UNDER THE 2006 SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUNDS BY SB 823 (POOCHIGIAN) FOR FRONT LINE
LAW ENFORCEMENT SERVICES IN L YNWOOD.
NOES:
ABSTAIN:
ABSENT:
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
CONSENT CALENDAR
All matters listed under the Consent Calendar will be acted upon by one motion
affirming the action recommended on the agenda. There will be no separate discussion
on these items prior to voting unless members of the Councilor staff request specific
items to be removed from the Consent Calendar for separate action.
Council Member Santillan pulled item #15 - ACCEPTANCE OF ATLANTIC AVENUE
(MARTIN LUTHER KING BLVD TO ABBOTT ROAD) STREET IMPROVEMENT
PROJECT, PROJECT NUMBER 05-5308 AND 05-5309.
Council Member Santillan pulled item #16 -AWARD OF STATE STREET (LYNWOOD
RD. TO IMPERIAL HWY.) STREET IMPROVEMENT PROJECT, PROJECT NUMBER
05-5258, FEDERAL PROJECT NO. STPL 5250 (007)
It was moved by Council Member Santillan, seconded by Council Member Pedroza, to
approve the minutes, receive & file staff reports, and adopt the Resolutions.
Item #8
MINUTES OF PREVIOUS MEETINGS:
Regular Meeting - September 5, 2006
Item #9
APPROVAL OF THE WARRANT REGISTER
RESOLUTION NO. 2006.171 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD,
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE, FY 05-06.
Item #10
SUPPORT OF PROPOSITIONS ON NOVEMBER 2006 BALLOT
RESOLUTION NO. 2006.172 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
SUPPORTING PROPOSITIONS 1A, 1B, 1C, 10, 1E AND PROPOSITION 84 ON THE
NOVEMBER 2006 BALLOT.
Item #11
REAPPROPRIATION OF FUNDS
RESOLUTION NO. 2006.173 ENTITLED:
A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE
REAPPROPRIATION OF FUNDS FOR OUTSTANDING ENCUMBRANCES OR
OBLIGATIONS AT FISCAL YEAR ENDING JUNE 30, 2006.
Item #12 AMEND CONTRACT WITH RICHARD HAMLIN ASSOCIATES
RESOLUTION NO. 2006.174 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING AN ADDITIONAL $3,529 FUNDING FOR A TOTAL OF $18,529 TO
COMPLETE CONSULTING SERVICES TO DRAFT A COMPREHENSIVE BILLBOARD
ORDINANCE.
Item #13 APPROVAL OF TRACT MAP NO. 61862
RESOLUTION NO. 2006.175 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD APPROVING
TRACT MAP NO. 61862 AND AUTHORIZING THE MAYOR TO EXECUTE THE BOND
AGREEMENT.
Item #14 CONTRACT AMENDMENT FOR ABSG CONSULTING, INC. WATER
SYSTEM BIOTERRORISM VULNERABILITY ASSESSMENT
RESOLUTION NO. 2006.176 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING THE AMENDMENT TO ABSG CONSULTING, INC. FOR A TOTAL
AMOUNT NOT TO EXCEED $25,168 TO PROVIDE PROFESSIONAL SERVICES FOR
THE PREPARATION OF THE WATER SYSTEM BIOTERRORISM VULNERABILITY
ASSESSMENT AND THE REVIEW AND UPDATE OF THE EXISTING EMERGENCY
RESPONSE PLAN AND AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT AMENDMENT.
Item #17 REQUEST FOR PROPOSAL FOR BOND ARBITRAGE SERVICES
RESOLUTION NO. 2006.177 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR
BOND ARBITRAGE REBATE ANALYSIS SERVICES.
Item #18
CONTRACT TO PROVIDE CITY PROSECUTOR SERVICES FOR
QUALITY OF LIFE SERVICES: CODE ENFORCEMENT DIVISION
RESOLUTION NO. 2006.178 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING A CONTRACT BETWEEN THE CITY OF L YNWOOD AND THE LAW
OFFICES OF DAPEER, ROSENBLlT & LITVAK, LLP TO PROVIDE CITY
PROSECUTOR SERVICES FOR CODE ENFORCEMENT.
Item #19
SPECIAL PERMIT REQUEST - ST. EMYDIUS PARISH FESTIVAL
Staff recommends that the City Council approve this request with the following
conditions:
1. The applicant must meet the City of Lynwood permit requirements.
2. The applicant agrees to comply with any requirements set forth by the Los
Angeles County Sheriffs, Fire and Health Department.
3. The applicant agrees to keep the noise levels within those prescribed by the
Lynwood Municipal Code.
Item #20
SECOND READING OF ORDINANCE - ZONE CHANGE NO. 2006-02 -
11805 -11809 ATLANTIC AVENUE
ORDINANCE NO. 1586 ENTITLED:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L YNWOOD APPROVING
ZONE CHANGE NO. 2006-02; CHANGING THE ZONING DESIGNATION FROM CB-1
(CONTROLLED BUSINESS) TO C-2A (MEDIUM COMMERCIAL) FOR AN EXISTING
COMMERCIAL CENTER ON PROPERTY LOCATED AT 11805 - 11809 ATLANTIC
AVENUE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6189-018-051,
CITY OF L YNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
Item #15 ACCEPTANCE OF ATLANTIC AVENUE (MARTIN LUTHER KING BLVD
TO ABBOTT ROAD) STREET IMPROVEMENT PROJECT, PROJECT
NUMBER 05-5308 AND 05-5309
Council Member Santillan pulled this item for discussion. After discussion, it was moved
by Council Member Santillan, seconded by Council Member Pedroza, to adopt the
Resolution.
RESOLUTION NO. 2006.179 ENTITLED:
A RESOLUTION OF THE L YNWOOD CITY COUNCIL OF THE CITY OF L YNWOOD
ACCEPTING THE ATLANTIC AVENUE (MARTIN LUTHER KING JR. BLVD. TO
ABBOTT ROAD) STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5308
AND 05-5309, AS BEING COMPLETE.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
Item #16 AWARD OF STATE STREET (L YNWOOD RD. TO IMPERIAL HWY.)
STREET IMPROVEMENT PROJECT, PROJECT NUMBER 05-5258,
FEDERAL PROJECT NO. STPL 5250 (007)
Council Member Santillan pulled this item for discussion. After discussion, it was moved
by Council Member Santillan, seconded by Council Member Byrd, to adopt the
Resolution.
RESOLUTION NO. 2006.180 ENTITLED:
A RESOLUTION OF THE l YNWOOD CITY COUNCil OF THE CITY OF l YNWOOD
AWARDING A CONTRACT TO BANNAOUN ENGINEERS-CONSTRUCTORS IN THE
AMOUNT OF $574,300 FOR THE STATE STREET (l YNWOOD RD. TO IMPERIAL
HWY.) IMPROVEMENT PROJECT, PROJECT NUMBER 05-5258, FEDERAL
PROJECT NO. STPl 5250 (007), AND AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT.
NOES:
ABSTAIN:
ABSENT:
ROll CALL:
AYES: COUNCil MEMBERS BYRD, JOHNSON, PEDROZA, SANTilLAN, AND
VASQUEZ
NONE
NONE
NONE
DISCUSSION ITEMS
Item #21
REQUEST FOR SPECIAL PERMIT FOR FRATERNIDAD SINAlOENSE
TO HOST CUl TURAURECREA TIONAl EVENT ON SUNDAY,
OCTOBER 1, 2006
It was moved by Council Member Byrd, seconded by Council Member Santillan, to
adopt option 1:
Approve request for Sunday, October 1, 2006 with no City subsidy. The applicant is
required to pay permit fees, City staff and private security costs, meet applicable
requirements imposed by City Departments, the Sheriff, Fire and Health Departments
and to enter into a private entity contract with the Sheriff's Department to pay
approximately $5,000 relating to the Sheriff's staff overtime.
NOES:
ABSTAIN:
ABSENT:
ROll CALL:
AYES: COUNCil MEMBERS BYRD, JOHNSON, PEDROZA, SANTillAN, AND
VASQUEZ
NONE
NONE
NONE
Item #22 COMMISSIONS AND BOARDS
City Clerk Hooper introduced this item regarding appointments to Council Commissions
and Boards. The Council made nominations to the various commissions. This item is
coming back to the Council for a vote on October 3, 2006.
DISCUSSION ITEMS - CITY COUNCIL REQUESTS
Item #23
REQUEST FOR FUNDING FROM PARENTS INTERESTED IN
EDUCATION, INC. (PIE) FOR A COMMUNITY BLOCK GRANT
Daniel Miller introduced this item regarding request for funding from parents interested
in education. After discussion, it was moved by Council Member Byrd, seconded by
Council Member Pedroza, to approve the request and direct the City Manager to look
for funding.
Item #24
ACKNOWLEDGMENT OF NFL STADIUM PROPOSAL
Laura Alderete introduced this item regarding acknowledgement of NFL Stadium
proposal. After discussion, it was moved by Council Member Byrd, seconded by Council
Member Pedroza, to adopt the Resolution.
RESOLUTION NO. 2006.181 ENTITLED:
A RESOLUTION OF THE CITY OF L YNWOOD CITY COUNCIL, ACKNOWLEDGING
INTEREST IN AND SUPPORT FOR THE PROPOSED PROGRAM UNDER THE
LEADERSHIP OF IMPERIAL PARTNERS AND DEBARTOLO DEVELOPMENT FOR
AN NFL STADIUM IN L YNWOOD.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
SUBSEQUENT NEED ITEM
SENIOR CENTER WATER FOUNTAIN
It was moved by Council Member Pedroza, seconded by Council Member Byrd, to add
the subsequent need item to the agenda and determine that:
1) This agenda item came to the attention of the Council after the agenda was posted.
2) This agenda item requires immediate action.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD AND PEDROZA
NOES: SANTILLAN AND VASQUEZ
ABSTAIN: JOHNSON
This item failed.
Item #24A ST. FRANCIS MEDICAL CENTER FUNDRAISER
It was moved by Council Member Santillan, seconded by Council Member Byrd, to add
the subsequent need item to the agenda and determined that:
1) This agenda item came to the attention of the Council after the agenda was posted.
2) This agenda item requires immediate action.
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
After discussion, it was moved by Council Member Santillan, seconded by Mayor Pro
Tem Johnson, to adopt the Resolution.
RESOLUTION NO. 2006.182 ENTITLED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING THE CITY'S PARTICIPATION IN ST. FRANCIS MEDICAL CENTER
FUNDRAISER
ROLL CALL:
AYES: COUNCIL MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND
VASQUEZ
NONE
NONE
NONE
NOES:
ABSTAIN:
ABSENT:
CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
Council Member Santillan requested that Council consider having parking enforcement
officers work in the evenings so they can give out citations to parking violators.
Mayor Pro Tem Johnson reported he received calls from the community encouraging
him to move forward with the NFL Stadium plans.
Item #25
A.
CLOSED SESSION
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" to this agenda.
City Negotiator: City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating: See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this agenda.
Under Negotiation: Price and terms of payment - Seeking authority. to
make offer to Seller's 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.
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
C. With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
PUBLIC EMPLOYMENT
Title: City Manager
It was moved by Council Member Santillan, seconded by Mayor Pro Tem
Johnson, and carried to recess to Closed Session at 7:45 p.m.
Council reconvened at 8:24 p.m.
City Attorney Beltran stated that Council met on the aforementioned matters and
with respect to the following:
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Properties:
See listing of properties by Address and Assessor
Parcel Numbers in Attachment "A" to this agenda.
City Negotiator: City Council, City Manager, City Attorney,
Development Services Director and Universal Field
Services, Inc.
Negotiating: See listing of properties and property owners ("Seller"
or "Seller's") in Attachment "A" to this agenda.
Under Negotiation: Price and terms of payment - Seeking authority to
make offer to Seller's 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.
The Council reached consensus (5-0) and provided
further instructions to staff regarding the possible
disposition of the matter.
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
This item was not discussed.
C. With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
PUBLIC EMPLOYMENT
Title: City Manager
No action was taken.
ADJOURNMENT
Having no further discussion, it was moved by Council Member Pedroza, seconded by
Mayor Pro Tem Johnson, and carried to adjourn the regular Lynwood City Council
meeting at 8:27 p.m., in memory of Vera Reed.
-
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
October 3, 2006
Honorable Mayor & City Council M~~ )J)
N. Enrique Martinez, City Manager IrL -- &- ()f7 r
Marianna Marysheva, Assistant City Manager-Financ~
Tamu Ledbetter, Accounting Technician
SUBJECT:
Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Lynwood City Council approve the
warrant register.
_________mm_m__ Attached Warrant Register dated October 3, 2006 ___mmn_____m
AGENDA
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AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
October 3, 2006
Honorable Mayor and Members of t'Y?~ Jl?uncil
N. Enrique Martinez, City Managey~#/'
Autra C. Adams, Int. Dir. Recreation & Community SeNices ~
Perry Brents, Deputy Director
SUBJECT:
Request to Issue Request for Proposal (RFP) for Recreation
Consultant
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled,
"A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING CITY
STAFF TO RELEASE A REQUEST FOR PROPOSALS TO QUALIFIED
CONSULTANTS TO PROVIDE RECREATION CONSULTANT SERVICES FOR
THE CITY OF L YNWOOD".
Background:
Operation Touchdown, Inc. has provided recreation consulting seNices to the City
of Lynwood for the past three (3) years. At the June 20, 2006 City Council
Meeting, the current contract was extended for six-months to December 31, 2006
and staff was directed to issue a Request for Proposals (RFP) in order to comply
with the City's purchasing ordinance and to obtain the most qualified consultant for
the City.
Discussion & Analysis:
The current cost to provide Recreation Consultant SeNices is approximately
$42,000 annually.
An RFP notice will be published in the Lynwood Journal, the Lynwood Press, the
Press Telegram, Trade Publications and made available on the City's website. A
copy of the RFP is included as attachment "A".
The following is the timeline to issue the RFP and select a Consultant:
Council approval to Issue RFP -October 3, 2006
RFP Published (mail/website) - October 5, 2006
RFP Published (Newspaper) - October 11, 2006
Proposals Due - November 13, 2006
Proposals Evaluated - November 13 - November 23, 2006
(includes inteNiews and site visit)
AGENDA
ITEM
tf
City Manager Recommendation to City Council - December 5, 2006
Anticipated Contract Begin Date - January 2, 2007
Fiscal Impact:
The current cost of the Recreation Consultant contract is approximately $42,000.
This cost is included in the FY 06-07 adopted budget. The cost of the new contract
will not be known until proposals are evaluated.
Coordinated With:
Finance Department
City Attorney's Office
RESOLUTION No.
A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING CITY
STAFF TO RELEASE A REQUEST FOR PROPOSALS TO QUALIFIED
CONSULTANTS TO PROVIDE RECREATION CONSULTANT SERVICES FOR
THE CITY OF L YNWOOD
WHEREAS, the City of Lynwood purchasing guidelines requires that a
formal Request For Proposals is issued for purchases in excess of $15,000; and
WHEREAS, the Recreation Consultant current annual cost is approximately
$42,000; and
WHEREAS, the current Recreation Consultant contract is scheduled to end
on December 31, 2006; and
WHEREAS, the City of Lynwood desires to have qualified vendors bid for
the opportunity to provide recreation consulting services for the City of Lynwood.
NOW, THEREFORE, the City of Lynwood does hereby find, order, and
resolve as follows:
Section 1. That City staff is authorized to solicit bids for Recreation
Consulting Services from qualified consultants through a Request for Proposals
(RFP) process.
Section 2. This resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED this
day of
,2006
Leticia Vasquez, Mayor
ATTEST:
Andrea L. Hooper, City Clerk
N. Enrique Martinez,
City Manager
APPROVED AS TO FORM:
APPROVED TO CONTENT:
REQUEST FOR PROPOSAL
FOR
RECREATION CONSULTANT
City of Lynwood
City Clerk's Office
11330 Bullis Road
Lynwood, CA 90262
Due Date for Proposals: Monday, November 13, 2006
NOTICE INVITING REQUEST FOR PROPOSALS
FOR
RECREATION CONSULTANT
The City of Lynwood ("City"), California is seeking proposals from experienced and
qualified Recreation professionals to provide consulting services.
Proposals will be accepted until Monday, November 27, 2006 @ 5pm. Proposals
received after the submittal time will be rejected and returned unopened to the sender.
Proposals are to be delivered to the following address:
ANDREA L. HOOPER, CITY CLERK
CITY CLERK'S OFFICE
CITY OF L YNWOOD
11330 BULLIS ROAD
L YNWOOD, CA 90262
Each company shall provide seven (7) copies of their proposal in a sealed envelope
titled "RFP FOR RECREA TlON CONSUL T ANT."
A copy of the RFP may be obtained from City of Lynwood, Recreation & Community
Services Department by calling (310) 603-0220, ext. 319.
The City of Lynwood reserves the right to reject any and all proposals.
Inquiries regarding these proposals should be directed to: Ms. Autra C. Adams, Interim
Director of Recreation & Community Services, at 310-603-0220, ext. 319.
2
REQUEST FOR PROPOSAL
~~li.m1~\m1'<<I!;rii_Wb!t'j;:;<iWij!!t*,R,,;;JJil\1J:i'0UU>ii;i&'bi'~~',W:Wl&~~,t'!Ilf,:;MW',,;2iiU'H.'Wil'~i.Wm~~(iY~i'\)~;:ii!
RECREATION CONSULTANT
I. INTRODUCTION
The City of Lynwood ("City"), California is seeking proposals from an experienced and
qualified Recreation Consultant on a regular basis. Services are currently provided by a
private non-profit company through contractual services.
The City has recently adopted a new purchasing ordinance that requires that contracts
in excess of $15,000 be placed out to bid. The City anticipates that the Recreation
Consultant will provide professional services at a reasonable cost.
II. BACKGROUND
Located in the industrial heartland of Los Angeles County, the City is nestled less than
20 miles between two of the busiest ports in the world, Port of Long Beach and Port of
Los Angeles. Major transportation corridors bound the City of Lynwood: 1-710 Long
Beach Freeway to the east, 1-105 running east and west, and the Alameda Corridor to
the west.
The City consists of 4.9 square miles. The City is a general law city operating under a
Council-Manager form of government. The City's policymakers are comprised of five
(5) members elected at large in overlapping terms. It has an annual operating budget of
$92 million dollars and 260 employees.
The Recreation and Community Services Department is responsible for the operations
of the City's recreation facilities. The Recreation and Community Services Department
also manages the rentals of public facilities and coordinates the contract for the
Recreation Consultant.
The primary mission of the Recreation and Community Services Department is to
provide superior public service to the community by working collaboratively to enhance
the quality of life for all people in the City of Lynwood. With a budget of $4 million the
Department is responsible for providing the community with aquatics, sports, youth
camps, recreation classes, excursions, and other related programs.
III. Scope of Work
The scope of services outlined below are designed to accomplish the purpose of this
RFP achieving the City's objective in strategically identifying needed improvements for
Recreation and Community Services within the community; identifying and
recommending funding sources (state and federal grants) and/or funding sources other
than general funds to create and operate recreation programs, activities and services.
3
IV. General Contract Requirements
The scope of services should reflect a comprehensive plan to address the needs of the
entire community including crime prevention, senior social services, health & fitness,
athletics, social betterment, enhancements to traditional recreation programs and
expansion of future expansion of programs and facilities:
1. Consultant shall provide a comprehensive plan to the City on how best to
approach the City's objectives.
2. Consultant shall conduct surveys and obtain in-put from residents at public
meetings in order to identify needed services, activities, programs and
interests.
3. Consultant shall make recommendations on effective operations and
functions of recreation activities, facilities and programs.
4. Consultant shall seek and make recommendations regarding grants,
sponsors and private donor funding for Recreation projects.
5. Consultant shall provide monthly performance reports on the progress of
work performed, funding acquisitions and new development in the field of
Recreation & Community Services.
6. Consultant shall attend meeting with the Department Director twice a month.
V. RFP TIMELlNE
Council approval to Issue RFP
RFP Published (mail/website)
RFP Published (Newspaper)
October 3, 2006
October 5, 2006
October 11, 2006
B~J.!!PAI'i:\""~~;!;""~~!;'w!~,f+:';:~h ~-""'-i~"'~ij~~"~"'>',(,:i";!"1;':",'I;:wm;
,0 '14:l'pOsall$l!iu.. ,',', '.~~~~~'@':i~~ ,'INIJl~iem:m:er~u(U.~"'"_ ", ',Olli ,~"5",?&1(~.0Mf~~~._~
Proposals Evaluated November 13-November 23,2006
Anticipated Contract Begin Date
January 2, 2007
4
VI. Proposal Submission Requirements
1. Introduction and Cover letter - Provide a cover letter describing your
interest in providing Recreation Consultant Services. Provide the name,
address, phone number, fax number, and e-mail address of your firm. The
individual who will be the primary contact person should be identified.
2. Company Experience and Approach - provide a general overview of the
company's relevant experience in providing Recreation Consultant Services.
3. Fee Schedule and Costs - provide the fee rate, listing the actual charges
along with a schedule that can be reasonably expected on a monthly basis.
4. Company References - provide a list of five (5) client related references and
client contact persons and telephone numbers where your company currently
or previously provided Recreation Consultant Services. Provide a brief
description of the work performed for each client.
5. Mandatory Insurance Requirements - Copies of insurance certificates
meeting the City's minimum requirements must be submitted. The Company
at all times during the term of the Agreement shall carry, maintain and keep in
full force and effect, with an insurance company admitted to do business in
California and approved by the City; (1) a policy or policies of broad-form
commercial general liability insurance with minimum limits of $1,000,000
combined single limited coverage against any injury, death, loss or damage
as a result of wrongful or negligent acts by Company, its officers, employees,
agents and independent contractors in performance of services under this
Agreement; (2) property damage insurance with a minimum limit of $500,000;
(3) automotive liability insurance, with minimum combined single limits
coverage of $500,000 and (4) worker's compensation insurance with a
minimum limit of $500,000 or the amount required by law, whichever is
greater. City, its officers, employees, attorneys, and volunteers shall be
named as Additional Insured on the policy(ies) as to comprehensive general
liability and property damage coverages.
6. The signature of an authorized individual to bind the firm - The proposal
must be a firm offer for a ninety day period. Indicate by name and title of the
individuals who would be assigned responsibility for performing the services.
Provide resume(s) for each identified individual.
VII. Selection Criteria
The City Manager's designee will review and evaluate all proposals after formal
receipt. To receive proper consideration, the proposal must meet the requirements
of this RFP. The evaluation process will provide credit only for those capabilities
and advantages, which are clearly stated in the proposal. In other words,
advantages, which are not stated, will not be considered in the evaluation process.
Vendors whose submittals include a significant failure to comply with the proposed
proposal submission and general contract requirements will be dropped from the
evaluation process.
The City Manager's designee will evaluate the proposals on the following criteria:
. Adherence to the requirements of this Request for Proposals
. Ability to meet the stated proposal requirements.
5
· Competency, experience and qualifications of Consultant and key personnel
· Past performance and experience in Recreation Consultant Services and
operations of a similar scope and nature as required herein.
· Fee schedule and estimated costs for performing the services called for in the
Scope of Services.
. Other related information.
The City Manager's designee reserves the right to request additional information
from Vendors, to visit sites, and to request demonstrations or oral presentations.
Depending on the number of firms responding to the RFP, the City Manager's
designee may create a "short list" of several firms to interview. In order to streamline
the selection process, the City reserves the right to conduct interviews with selected
firms by conference calls.
Selected firms will be contacted and an interview scheduled. The City Manager may
designate a Selection Committee to interview selected firms. Following the
interview, candidate firms will be ranked. Upon determination of the top ranked
firms, the City Manager will inform the City Council of the ranking. Vendors should
note that the execution of any contract pursuant to this RFP is dependent upon
approval of the Lynwood City Council at its sole discretion.
No compensation will be due to any firm for preparation of a written proposal or for
meeting with the Selection Committee for interview.
The City reserves the right to make the selection of a Vendor based on any or all
factors of value, whether quantifiable or not, including, but not limited to the
anticipated initiative and ability of the Vendor to perform the services set forth herein.
The resulting contract will be for a period of two-three years, at the City's sole
discretion.
VIII. Supplemental Information
Questions should be addressed to:
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Attn: Autra C. Adams, Interim Director - Recreation & Community Services Department
Phone: (310) 603-0220, extension 319
e-mail: aadams@lvnwood.ca.us
6
CONSULTING SERVICES AGREEMENT
This agreement ("Agreement") is made as of by
and between the City of Lynwood, a municipal corporation ("City") and
("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 ofthe 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. [or can set forth in a separate
Schedule C; make appropriate changes throughout agreement if this is used.]
2. Term of Agreement. This Agreement shall commence on
(the "Commencement Date") and shall terminate on (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.
B. Total payment to Consultant pursuant to this Agreement shall not exceed [total
payment in words] ($ total payment in figures)], which shall be payable in monthly
installments of [installment payment in words] ($ installment payment in figures)]
. In the event that this Agreement continues beyond
the Termination Date as specified in Section 2, the total additional payment to Consultant
7
in the event no new agreement is signed shall not exceed the sum of
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
Attn: 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 <--- U pages)
Exhibit B - General Terms and Conditions (six (6) pages)
III
SIGNATURES ON FOLLOWING PAGE
8
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates written below.
CITY
CITY OF L YNWOOD
By:
Leticia Vasquez, Mayor
Date
CONSULTANT
By:
Date
ATTEST:
By:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
By:
J. Arnoldo Beltran, City Attorney
9
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 hanmless 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 shall, until further notice to
Consultant, administer this Agreement and provide for immediate supervision of
Consultant with respect to the services to be provide~ 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 knowledge of Consultant to perform said services and duties.
10
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 rights 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 covering 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 form 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;
(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;
11
(iii). Property damage insurance with a minimum 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 "Additionallnsured 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 mat\,!rial
developed by Consultant in the performance of this Agreement shall be and remain the
property of City without restriction or limitation upon its use or dissemination by City. Such
material shall not be the subject of a copyright application by Consultant.
12
7. Conflict 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 Agreement. Financial information submitted to
the City Manager shall be returned to Consultant after review and shall not be retained by
City.-
13
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
payor 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 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 anyone
or more of the conditions of performance under this Agreement shall not be a waiver of
any other condition of performance under this Agreement. In no event shall the making by
City of any payment to Consultant constitute or be construed as a waiver by City of any
breach of covenant, or any default which may then exist on the part of Consultant, and the
14
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 attomey'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.
15
-
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
October 3, 2006
Honorable Mayor & City Council Me~~ M
N. Enrique Martinez, City Managey'/~I//'
Autra C. Adams, Int. Dir. Recreation & Community Services ~
Rozie Carrillo, Recreation Superintendent /I
SUBJECT:
Award of Contract to Pageantry Productions to Produce the
Candy Cane Lane Christmas Parade
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled, "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR CONTRACT
WITH PAGEANTRY PRODUCTIONS TO PRODUCE THE ANNUAL CANDY
CANE LANE CHRISTMAS PARADE."
Background:
The City of Lynwood with the assistance of Pageantry Productions )1osts an
annual Christmas Parade. This year will mark the 85th anniversary of this event.
Pageantry Productions has coordinated the City of Lynwood's parade since
1965.
Discussion & Analysis:
Although the cost associated with the production of the annual Christmas Parade
is included as part of the fiscal year 2006/2007 adopted budget, no formal
contract exists between the City of Lynwood and Pageantry Productions.
In accordance with the City's purchasing guidelines, the Mayor is required to
execute agreements in excess of $15,000 for professional services. This service
is considered a specialized service and therefore, is exempted from the formal
bidding process.
Fiscal Impact:
The annual cost for this service is approximately $25,000 per year. The cost for
the current year is included in the adopted fiscal year 2006-07 budget.
Coordinated With:
AGENDA
ITEM
City Attorney
Finance Department
/0
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING THE MAYOR TO EXECUTE A THREE (3) YEAR CONTRACT
WITH PAGEANTRY PRODUCTIONS TO COORDINATE THE ANNUAL
CANDY CANE CHRISTMAS PARADE
and
WHEREAS, the City of Lynwood hosts the Annual Candy Lane Parade;
WHEREAS, this year will mark the 85th Anniversary of this event; and
WHEREAS, the City of Lynwood's purchasing guidelines require the
Mayor to execute agreements in excess of $15,000; and
WHEREAS, staff has determined this is a specialized service and
therefore recommends awarding a contract to Pageantry Productions for this
purpose.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
Section 1. That the City Council authorizes the Mayor to execute a three (3)
year contract with Pageantry Productions as approved to form by
the City Attorney.
Section 2. The contract shall be in the amount of $25,000 for the first year with
an annual increase not to exceed the Consumer Price Index
adjustment for the Los Angeles-Riverside-Orange County, CA area
or 5% for each additional year.
Section 3. That this resolution shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 3rd day of October, 2006.
Leticia Vasquez, Mayor
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Arnoldo Beltran, City Attorney
N. Enrique Martinez, City Manager
Autra C. Adams, Int. 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 3rd day of October,
2006, 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 3rd day of October, 2006
Andrea L. Hooper, City Clerk
AGENDA STAFF REPORT
DATE:
TO:
FROM:
PREPARED BY:
October 3, 2006
Honorable Mayor & City Council Mey}begP)Iy)
N. Enrique Martinez, City Manag7/~/ij"
Richard M. Kreisler, Esq. Liebert Cassidy Whitmore k
Resolution Authorizing the Mayor to Execute a First Amended City
Attorney Legal Services Agreement With Beltran & Medina
Recommendation:
Staff recommends that the City Council consider adoption of the attached
RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A FIRST
AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH
BELTRAN & MEDINA, FOR CITY ATTORNEY SERVICES.
Backqround:
1. On or about February 22, 2006, the City Council executed a CITY
ATTORNEY LEGAL SERVICES AGREEMENT with City Attorney Beltran
& Medina.
2. That CITY ATTORNEY LEGAL SERVICES AGREEMENT provides for
provision of non-litigation services with a spending cap of $35,000
monthly.
3. The CITY ATTORNEY LEGAL SERVICES AGREEMENT does not
specifically provide for the method of providing litigation services.
4. It is appropriate to modify the CITY ATTORNEY LEGAL SERVICES
AGREEMENT to provide for litigation services at an hourly rate not to
exceed $250 for attorneys and $90 for paralegals, law clerks or other non-
attorney staff, or on a flat fee per project in an amount agreed upon in
writing prior to performance of services on each project. The City Council
has not adopted a Resolution authorizing the Mayor to execute what
would now be a FIRST AMENDED CITY ATTORNEY LEGAL SERVICES
AGREEMENT, although the City Council authorized that action in a June,
2006 meeting.
Page 1 of 2
AGENDA
ITEM
II
Discussion and Analvsis:
Attached to this AGENDA STAFF REPORT is a RESOLUTION TO AUTHORIZE
THE MAYOR TO EXECUTE A FIRST AMENDED CITY ATTORNEY LEGAL
SERVICES AGREEMENT WITH BELTRAN & MEDINA, FOR CITY ATTORNEY
SERVICES and the FIRST AMENDED CITY ATTORNEY LEGAL SERVICES
AGREEMENT and a FIRST AMENDED EXHIBIT A - SCOPE OF WORK,
COMPENSATION AND PERFORMANCE REVIEW, and EXHIBIT B-
GENERAL TERMS AND CONDITIONS.
The FIRST AMENDED EXHIBIT A still provides for an expenditure of not-to-
exceed $35,000 regarding non-litigation spending, but has no spending cap on
litigation services. It is staff's recommendation that there be no maximum
litigation expenditure, inasmuch as the City Attorney has only limited control over
the manner in which litigation progresses and the number of hours required to
represent the City in a litigation matter.
No changes have been made to the EXHIBIT B that was attached to the initial
City Attorney Legal Services Agreement.
Fiscal Impact:
Indeterminate.
Attachments:
1. FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT
2. FIRST AMENDED EXHIBIT A - SCOPE OF WORK, COMPENSATION
AND PERFORMANCE REVIEW
3. EXHIBIT B - GENERAL TERMS AND CONDITIONS
Page 2 of 2
RESOLUTION NO. 2006-_
RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE A FIRST AMENDED
CITY ATTORNEY LEGAL SERVICES AGREEMENT WITH BELTRAN & MEDINA,
FOR PROVISION OF CITY ATTORNEY SERVICES
WHEREAS, the City Council of the City of Lynwood ("City Council" and "City")
desires to receive legal counsel services that are professional, high-quality but also cost-
effective; and
WHEREAS, the City Council directed the Mayor to review the. scope of work performed
by Beltran & Medina in its capacity as the City Attorney, the billing rates, and the ongoing costs
incurred by the City to receive these services, and to recommend actions to contain the costs
while receiving the high quality legal services needed by the City; and
WHEREAS, the Mayor reviewed the monthly non-litigation billing statements of
Beltran & Medina related to its
provision oflegal support services to the City, compared the billing rates to those in
other comparable cities and segregated the litigation work from other legal services; and
WHEREAS, the Mayor negotiated the monthly spending threshold with Beltran &
Medina, and presented the spending cap recommendation to the City Council on or about
February 7, 2006; and
WHEREAS, the City Council authorized the Mayor to develop a modified contractual
arrangement with Beltran & Medina to provide the City Attorney non-litigation services at the
monthly cost of not to exceed $35,000 excluding out-of-pocket expenses; and
WHEREAS, the City Council passed, approved and adopted Resolution No. 2006- ,
which authorized the Mayor to execute said modified contractual agreement with Beltran &
Medina; and
WHEREAS, that modified contractual agreement was executed; and
WHEREAS, the City Council has determined that said modified contractual agreement
with Beltran & Medina should be amended to additionally provide for litigation services
being exempt from the non-litigation $35,000 monthly cap, and being compensated at an
hourly rate not to exceed $250 for attorneys or $90 for all paralegals, law clerks or
designated staff, or on a flat fee per project in an amount agreed upon in writing prior to
performance of each project; and
WHEREAS, said litigation compensation hourly rate modification shall be the only
amendment to the February 22,2006 CITY ATTORNEY LEGAL SERVICES AGREEMENT
executed pursuant to Resolution No. 2006-~;
200407.1 L Y020-00 1
NOW, THEREFORE the City Council hereby finds, deternlines, and resolves as
follows:
Section 1. That the February 22,2006 modified contractual agreement with Beltran &
Medina shall be amended pursuant to the FIRST AMENDED CITY ATTORNEY LEGAL
SERVICES AGREEMENT and FIRST AMENDED EXHIBIT A - SCOPE OF WORK,
COMPENSATION AND PERFORMANCE REVIEW and EXHIBIT B - GENERAL TERMS
AND CONDITIONS, as detailed in the attached contractual agreement, and;
Section 2. That the Mayor is authorized to execute the above-described FIRST
AMENDED agreement and Exhibits A and B.
Section 3. That this Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED THIS 3,d DAY OF OCTOBER 2006
AYES:
NOES:
ABSENT:
ABSTAIN:
, Mayor
Attest:
I, Andrea L. Hooper, as Clerk to the Lynwood Redevelopment Agency, do hereby certify that the
foregoing Resolution was duly passed, approved and ado~ted by the Lynwood Redevelopment
Agency, at a regular meeting of said LRA, held on the 19 H day of September 2006.
Executed this 3rd day of October 2006, at Lynwood, Los Angeles County, California.
Andrea L. Hooper, Secretary
200407.\ LY020-D01
FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT
This FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT
("Agreement") is made as of July 5,2006 by and between the City of Lynwood, a municipal
corporation ("City") and Beltran and Medina ("City Attorney"). City and City Attorney are
sometimes hereinafter individually referred to as a "Party" and collectively referred to as the
"Parties."
RECITALS
WHEREAS, the Parties executed a CITY ATTORNEY LEGAL SERVICES
AGREEMENT on February 22, 2006, incorporating therein an Exhibit A setting forth the
SCOPE OF WORK., COMPENSATION AND PERFORMANCE REVIEW applicable to the
agreement of the parties; and
WHEREAS, said Exhibit A specifically provides that litigation services are not covered
by the Agreement; and
WHEREAS, there exists a necessity to secure litigation services; and
WHEREAS, City Attorney is qualified to perform said litigation services.
NOW, THEREFORE, in consideration of performance by the Parties of the covenants
and conditions contained within the FIRST AMENDED CITY ATTORNEY LEGAL
SERVICES AGREEMENT, the parties hereto agree as follows:
1. EXHIBIT A.
A. Scope of Services. Exhibit A to the February 22,2006 CITY ATTORNEY LEGAL
SERVICES AGREEMENT shall be amended as set forth in the attached FIRST
AMENDED EXHIBIT A to allow Beltran & Medina to provide litigation services upon
direction by the City that Beltran & Medina do so. Nonetheless, City shall have no duty
and/or obligation to assign litigation services to Beltran & Medina, and as set forth within
the FIRST AMENDED CITY ATTORNEY LEGAL SERVICES AGREEMENT, City
shall be authorized to terminate any such assigned litigation services as set forth in the
AGREEMENT.
B. Compensation. Any litigation services provided by Beltran & Medina shall be at an
hourly rate not to exceed $250 for attorneys or $90 for all paralegals, law clerks and
designated staff, or on a flat fee per project in an amount agreed upon in writing prior to
performance of each project. Absent written agreement to perform litigation services on
a flat fee basis, services shall, by default, be rendered at the above hourly rate.
Page 1
193132.2 LY020-001
All other provisions of the February 22,2006 CITY ATTORNEY LEGAL SERVICES
AGREEMENT, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this FIRST AMENDED CITY
ATTORNEY LEGAL SERVICES AGREEMENT as of the dates written below.
CITY
CITY OF LYNWOOD
By:
Leticia Vasquez, Mayor
Date
CITY ATTORNEY
BELTRAN AND MEDINA
By:
1. Arnoldo Beltnm
Date
ATTEST:
By:
Andrea L. Hooper, City Clerk
7- 2-6 -()~
By:
Richard Kreisler
Liebert Cassidy Whitmore
Page 2
193132.2 LY020~OOl
FIRST AMENDED EXHIBIT A
SCOPE OF WORK, COMPENSA nON AND PERFORMANCE REVIEW
Scope of Work
This contract is for the following non-litigation services, including but not limited to the
following:
· review of agenda items (reports and legislation) for the City Council, Ln, LUA and
LPFA
. attending meetings of the Council, Ln, LUA and LPFA, as well as Commissions
and/or Committees as assigned; responding to questions at meetings; and providing
follow-up information after meetings as requested
. review and sign off on contractual agreements for the City
· research and analysis of State and Federal legislation (approved or pending) impacting
the City, Ln, LUA or LPF A
. responding to inquiries and/or requests from the authorized contacts within the City
(as designated by the City Manager)
· coordinating responses to Public Records Requests for the City
. research and analysis of historical records necessary to provide legal opinion on a
general inquiry
· drafting letters, legislation, reports, agreements and other items as requested by the
City Manager
· other day-to-day assistance as requested by the City Manager and/or his designees
· representation of the City and/or its officers at meetings, conference calls or events, as
requested by the City Manager
. attending meetings of and providing legal support to the Planning Commission, with
responsibilities rotated with the Redevelopment Agency Legal Counsel every six
months.
Litigation services are covered by this agreement, as provided for in the FIRST AMENDED
CITY ATTORNEY LEGAL SERVICES AGREEMENT.
Compensation (Non-Litigation)
City agrees to compensate city Attorney for non-litigation services rendered under this
Agreement in the amount of not- to-exceed $35,000 (thirty-five thousand dollars).
Upon written agreement of the parties, non-litigation fees may either be incurred at an hourly
rate not to exceed $180.00 for attorneys or $90.00 for all paralegals, law clerks, and designated
staff, or on a flat fee per project in an amount agreed upon in writing prior to performance of
each project. Absent written agreement to perform services on a flat fee basis, services shall by
default be rendered at the above hourly rate.
Compensation (Litigation)
Any litigation services provided by Beltran & Medina shall be at an hourly rate not to exceed
$250 for attorneys or $90 for all paralegals, law clerks and designated staff, or on a flat fee
per project in an amount agreed upon in writing prior to performance of each project. Absent
Page 3
193132.2 LY020-001
written agreement to perform litigation services on a flat fee basis, services shall, by default,
be rendered at the above hourly rate.
Performance Review
A written annual administrative performance evaluation of City Attorney's performance shall be
required 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. The performance indicators
below and 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.
Performance Indicators
. Number of discretely defined issues I legal cases handled
. Average number of days to respond to a request for a legal opinion I analysis
. Average number of hours to prepare a legal opinion I analysis
. Total City payment to the legal firm during the year for services
. Percentage change in the total City payment of attorney's fees from the last year
. Total City's liability (paid and incurred) during the year as a result of the cases handled by
Beltran and Medina
. Percentage change in the City's liability related to cases handled by Beltran and Medina,
from the prior year
. Percentage of customers rating legal services as "good" or "excellent"
. Percentage of customers rating legal services as timely
The City Attorney is responsible for collecting data on the above indicators on a monthly
basis, and present the results to the City upon the City Manager's request (during the annual
review as well as at other times as requested).
Notwithstanding the "performance review" provisions in this First Amended Exhibit A, no cause
or reason(s) need be stated in support of a contract termination decision being rendered by either
party. (See Section 2 - TERM OF AGREEMENT in First Amended City Attorney Legal
Services Agreement; said terms taking precedence over any contrary terms in this First Amended
Exhibit A.).
Page 4
193132.2 LY020-001
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. City Attorney is, and shall at all times remain as to City, a wholly independent
contractor. City Attorney 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 City Attorney or any of City Attorney's employees, except as
set forth in this Agreement. City Attorney 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. City Attorney agrees to pay all required taxes on amounts paid to City Attorney 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 City Attorney and the audit in any way fails to
sustain the validity of a wholly independent contractor relationship between City and City
Attorney, then City Attorney agrees to reimburse City for all costs, including accounting and
attorney's fees, arising out of such audit and any appeals relating thereto.
C. City Attorney shall fully comply with the workers' compensation law regarding City
Attorney and City Attorney's employees. City Attorney further agrees to indemnifY and hold
City harmless from any failure of City Attorney to comply with applicable worker's
compensation laws. City shall have the right to offset against the amount of any fees due to City
Attorney under this Agreement any amount due to City from City Attorney as a result of City
Attorney's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 1.
2. Standard of Performance.
A. City Attorney 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
hislher designee may from time to time assign additional or different tasks or services to City
Attorney, provided such tasks are within the scope of services described in First Amended
Exhibit A and the assignment is evidenced in writing. However, no additional or different tasks
or services shall be performed by City Attorney other than those specified in First Amended
Exhibit A, or those so assigned in writing to City Attorney by the City Manager or hislher
designee.
B. The City Manager shall, until further notice to City Attorney, administer this
Agreement.
3. Indemnification.
A. City Attorney is skilled in the professional calling necessary to perform the services
Page 5
193132.2 LY020-001
and duties agreed to be performed under this Agreement, and City is relying upon the skill and
knowledge of City Attorney to perform said services and duties.
B. City and its respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemnitees") shall have no
liability to City Attorney or any other person for, and City Attorney shall indemnify, defend,
protect and hold harmless Indemnitees from and against, any and all liabilities, claims,
actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses of whatever nature, including reasonable attorneys' fees and disbursements
(collectively "Claims"), which Indemnitees may suffer or incur or to which Indemnitees may
become subject by reason of or arising out of any injury to or death of any person(s), damage
to property, loss of use of property, economic loss or other loss occurring as a result of or
allegedly caused by the City Attorney's performance of or failure to perform any services
under this Agreement or by the actual or alleged negligent or willful acts or omissions of City
Attorney, its agents, officers, directors, subcontractors, subconsultants or employees,
committed in performing any of the services under this Agreement. Notwithstanding the
foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of
the City's sole negligence or willful acts or omissions.
C. City Attorney agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, subconsultant or
any other person or entity involved by, for, with or on behalf of City Attorney in the
performance of this Agreement, designating those persons/entities described in Section 3(B)
above, as indemnitees. In the event City Attorney fails to obtain such indemnity obligations
from others as required in this Section, City Attorney agrees to be fully responsible according
to the terms of this Section. Failure of the City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of
any rights hereunder. This obligation to indemnify and defend Indemnitees 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 City Attorney's indemnification ofIndemnitees pursuant to
Section 3 of this Agreement, City Attorney shall obtain and provide and maintain at its ()wn
expense during the term of this Agreement the types and amounts of insurance as described
below:
(i) Commercial General Liability Insurance using Insurance Services Office
Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs
must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits shall be no less than $1,000,000
per occurrence for all covered losses and no less than $2,000,000 general aggregate.
Page 6
193132.2 LY020-001
(ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than
1,000,000 per accident, combined single limit. If City Attorney owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described in the preceding subsection. If City Attorney or City Attorney's
employees will use personal autos in any way on this project, City Attorney shall provide
evidence of personal auto liability coverage for each such person.
(iii) Workers' Compensation insurance on a state approved policy form providing
statutory benefits as required by law with employer's liability limits no less than
$1,000,000 per accident for all covered losses.;
(iv) Professional Liability or Errors and Omissions Insurance as appropriate to the
profession, written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the City Attorney and "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement.
The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The
policy must "pay on behalf of' the insured and must include a provision establishing the
insurer's duty to defend. The policy retroactive date shall be on or before the effective
date of this Agreement.
B. City, its officers, officials, employees and volunteers shall be named as additional
insureds on the above policy(ies) as to commercial general liability and automotive liability.
C. All insurance procured pursuant to these requirements shall be written by insurers that
are admitted carriers in the state of California with a Best's rating of no less than A:VII.
D. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty
(30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to
CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of
Lynwood, 11330 Bullis Road, Lynwood, California, 90262. City Attorney agrees that it will
not cancel, reduce or otherwise modify said insurance coverage.
E. City Attorney 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 City Attorney'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 City Attorney's
insurance and shall not contribute with it.
Page 7
193132.2 LY020-001
G. City Attorney 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 City Attorney and the cost of such insurance may be deducted, at the option of City, from
payments due City Attorney.
S. Confidentiality. City Attorney in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. City Attorney covenants
that all data, documents, discussion, or other information developed or received by City Attorney
or provided for performance of this Agreement are deemed confidential and shall not be
disclosed by City Attorney 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. City Attorney'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 City Attorney in the performance ofthis Agreement shall be and remain the
property of City without restriction or limitation upon its use or dissemination by City. Such
material shall not be the subject of a copyright application by City Attorney.
7. Conflict ofInterest.
A. City Attorney 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 City
Attorney under this Agreement, or which would conflict in any manner with the performance of
its services hereunder. City Attorney further covenants that, in performance ofthis Agreement,
no person having any such interest shall be employed by it. Furthermore, City Attorney 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. City Attorney 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 City Attorney. City Attorney's covenant under this section shall
survive the termination of this Agreement.
8. Termination. City Attorney agrees that in the event of termination of this Agreement as
provided for in Section 2(A) of the Legal Services Agreement, City's obligation to pay City
Attorney 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, City
Attorney 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. City Attorney 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
Page 8
193132.2 LY020-0Ql
under this Agreement will be performed by City Attorney or under its supervision, and all
personnel engaged in the work shall be qualified to perform such services. City Attorney
reserves the right to determine the assignment of its own employees to the performance of City
Attorney's services under this Agreement, but City reserves the right to require City Attorney to
exclude any employee from performing services on City's premises.
10. Financial Condition. Prior to entering into this Agreement, City Attorney 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, City Attorney shall submit such financial
information as may be appropriate to establish to the satisfaction of the City Manager that City
Attorney is in at least as sound a financial position as was the case prior to entering into this
Agreement. Financial information submitted to the City Manager shall be returned to City
Attorney after review and shall not be retained by City.
11. Non-Discrimination and Equal Employment Opportunity.
A. City Attorney 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 payor other forms of
compensation; and selection for training, including apprenticeship.
B. City Attorney will, in all solicitations or advertisements for employees placed by or
on behalf of City Attorney 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. City Attorney 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. City Attorney shall not assign or transfer any interest in this Agreement
nor the performance of any of City Attorney's obligations hereunder, without the prior written
consent of City, and any attempt by City Attorney to so assign this Agreement or any rights,
duties, or obligations arising hereunder shall be void and of no effect.
13. Performance Evaluation. A written annual administrative performance evaluation shall
be required 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. The performance indicators
stated in Exhibit A and 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
Page 9
193132.2 LY020-QOl
orally or in writing, shall be considered. City shall meet with City Attorney prior to preparing
the written report. Although City may consider this performance evaluation as a factor in
determining whether or not to continue or terminate the City Attorney Legal Services
Agreement, consideration of the performance evaluation report in the rendering ofthis
determination, shall not constitute a requirement that cause or any other reason exists or be stated
as a basis for termination of the Agreement by the City
14. Compliance with Laws. City Attorney 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 City
Attorney 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 City
Attorney to comply with this Section.
15. Licenses. At all times during the term ofthis Agreement, City Attorney shall have in full
force and effect all licenses (including a City business license) required of it by law for
performance of the services hereunder.
16. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of anyone or
more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to City Attorney 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 City Attorney, 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 reasonable
attorney's fees and costs, including, but not limited to, costs of expert witnesses.
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 City Attorney's regular
business hours or by facsimile before or during City Attorney'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
Page 10
193132.2 LY020~OOl
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 City Attorney 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 ofthe 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 City Attorney
warrants and represents that he/she has the authority to execute this Agreement on behalf of the
City Attorney and has the authority to bind City Attorney to the performance of its obligations
hereunder.
Page 11
193132.2 LY020-001
II
AGENDA STAFF REPORT
Date:
To:
Approved By:
Prepared By:
October 3,2006
Honorable Mayor and Members of tt#~~ncil
N. Enrique Martinez, City Managev/~l/ /'
Autra C. Adams, Int. Dir. Recreation & Community Services ~
Rozie Carrillo, Recreation Superintendent II
Subject:
Request for Special Permit:
Harris Avenue - Neighborhood Meeting
Recommendation:
Staff recommends that the City Council approve the street closure for this
Neighborhood meeting with a waiver of permit fees for the street closure.
Background:
A request was made by a resident of Harris Avenue to close a portion of Harris
Avenue, (between Josephine and Agnes) to conduct a Neighborhood Meeting on
Saturday, October 14, 2006 from 5:00-8:00 p.m.
Discussion & Analysis:
The applicant is requesting a street closure to conduct a Neighborhood Meeting.
The usage of tables and chairs along with a fee waiver for any cost associated
with the street closure is being requested.
As a practice, the City Council has waived the street closure fee for Block Watch
events.
Conditions:
· Sheriff's Department - The Sheriff's Department did not impose any
conditions on this request.
. Fire Department - The Fire Department is requiring an emergency lane to
be maintained and no fire hydrants may be blocked.
· Public Works - The area included in the street closure must be fully
cleaned of all debris by the applicant.
OPTIONS FOR COUNCIL CONSIDERATION
1. Approve the street closure for this Neighborhood Meeting with no waiver
of permit fees.
2. Approve the street closure for this Neighborhood Meeting with a waiver
of permit fees.
3. Deny this request.
AGENDA
ITEM
12-
Fiscal Impact:
The special permit fee for a street closure is $254. The City will not realize this
revenue if the fee is waived.
Coordinated With: LA County Sheriff's Department, LA County Fire
Department, Public Works Department, Finance Department
and City Attorney's Office
Attachments: Application for Special Permit
l/6i ro2-
j . v.J'1>'L~
(A...-.rll...-<
',//iJ' ,(!
':.....__f--.-l!!ri. l
.
APPLICATION FOR SPECIAL PERMIT
CITY rJF l "(1'1\/\lC,I':::ll~'
11330 BULLIS F:'JfiD
L Yf\.JWOO[1 (:J:; 9026:::
310-S03-02::'C;
APPLICANT INFORMATION:
NAME~~~b COLO
ADDRESS ~ i)tY.5' /h~ ~}b~
;PdRr'~
--~----
PHONE:;Vb! -~6J .;/- J?66:Z
CI7l/titJ{t ZIP 9''{)~~
OCCUPATION
NUMBER OF PERSONS EMPLOYEO'
SBE:
(State Board of Equall:2:a(lon I'lumb"rl
EVENT INFORMATION
TYPE OF PERMIT REQUESTED:
')J)
0,
7i
F
DATE(S) OF EVENT //J -/</-f) h ;;;'/1-71:
HOURS OF OPERATION {jp- 5?
ADDRESS OF PROPOSED EVENT LOCATION~~, kz-: ~Jt:i;;')ahi)p ~ +e5i
SPECIFIC AREA DESIGNATED FOR EVENT
IS STREET CLOSURE BEING REQUESTED ~ NO
(IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:)
(CIR.CLE ONE)
IF INDOORS. APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE
HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE?
YES
~
IF YES. WHERE AND WHEN
IS THIS A FOR~PROFIT OR~VENT? (CIRCLE ONE)
IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT ,L\
NON-PROFIT AGENCY OR ORGAN'lZATION. PLEASE PROVIDE THE FOLLOWING
NAME OF ORGANIZATION BEING BENEFITED
STATE NON~PROF'T NUMBER
ADDRESS OF ORGANlZA nON:
IS A WAIVER OF FEES BEING REQUESTED:
IF YES, EXPLAIN
PHONE
@';
NO
.~
A NEGOTiATED PERCEt"'~"TAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITl
SIGNATURE OF APPLICANT DATE
ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL THIS
PERMIT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY
FOR CITY USE ONLY
CITY CLERK CONFLICT WITH PRIOR APPROVED EVENTS
IF CONFLICTS EXIST, DESCRIBE
YES
1'.10
EVENT
DATE
APPLICANT
FIRE DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS
COMMENTS:/CON01TJONS FOR APPROVAl:
SIGNATURE DATE
SHERIFF'S DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS
COMMENTS:/CONDIT10NS FOR APPROVAL
SIGNATURE DATE
PUBLIC WORKS APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS
COMMENTS;/COND1TIONS FOR APPROVAl:
SIGNATURE DATE
COMM. DEV. DEPT. APPROVED/NO CONDITIONS APPROVED WITH CONDITION,<=;;
COMMENTS:/CONDITIONS FOR APPROVAl:
SIGNATURE DATE
RECREATION DEPT. APPROVED/NO COI\.DITIONS APPROVED WITH CONDITIONS:
COMMENTS:/CONDITIONS FOR APPROVAL
SIGNA lURE DATE
APPROVED/DENJED BY CITY COUNCIL ON
APPLICANT NOTIFIED:
-
AGENDA STAFF REPORT
DATE:
October 3, 2006
PREPARED BY:
The Honorable Mayor and Members >>7dJuncil
N. Enrique Martinez, City Managw~/$ (Ji
Marianna Marysheva, Assistant City Manager -- Finane .
G. Daniel Ojeda, Director of Public Works/City Enginee b.1), 0 .
Patricia Tarin, Financial Analyst
TO:
APPROVED BY:
SUBJECT:
Reappropriation of Unallocated Bond Proceeds for Capital
Projects
Recommendation:
Staff recommends that the City Council adopt the attached resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING THE REAPPROPRIATION OF UNALLOCATED BOND
PROCEEDS FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS. "
Background:
Since 1995 the City of Lynwood, through the Lynwood Public Financing Authority
and the Lynwood Utility Authority, has issued certain revenue bonds to be used
for a variety of capital improvement projects. Some of the bond proceeds remain
unallocated and must be used to avoid deobligation. At the same time, the
needs for additional funding exist among previously approved capital
improvement projects, which are eligible for the bond funding. After the
proposed allocation, all the Bond Proceeds for each of the identified issues will
have been completely allocated and no proceeds will remain for further
allocations.
Discussion & Analysis:
Staff reviewed the City's Bond funds and identified proceeds that have not been
used. A detailed review table is presented in Attachment "B". The detailed
breakdown of the proposed appropriation is presented in Attachment "A".
AGENDA
ITEM
13
Fiscal Impact:
Funding for the proposed appropriations will come from the previously approved
but unallocated bond proceeds.
Coordinated with:
City Manager's Office and City Attorney
Attachments: "A" - Proposed Appropriation Detail
"B" - CIP Bond Summary Report
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
AUTHORIZING THE REAPPROPRIATION OF UNALLOCATED BOND
PROCEEDS FOR SPECIFIED CAPITAL IMPROVEMENT PROJECTS.
WHEREAS, the Lynwood Public Financing Authority and the Lynwood
Utility Authority issues a number of revenue bonds in 1995, 1999, and 2003; and
WHEREAS, certain funds from the previously issued bonds remain
unallocated and must be used; and
WHEREAS, previously approved capital improvement projects have been
identified as needing additional funding and eligible for the bond funds.
NOW THEREFORE, the City Council of the City of Lynwood does hereby
find, order, and resolve as follows:
Section 1. That the unallocated bond proceeds be appropriated as
specified in Attachment "A".
Section 2. That the City Manager or his designee is authorized to make
any budget transfers, or take the steps necessary to appropriate the above
funds.
Section 3. That this resolution shall become effective immediately upon
its adoption.
PASSED, APPROVED, and ADOPTED this
2006.
day of
Leticia Vasquez, 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
G. Daniel Ojeda, P.E.
City of Lynwood
Director of Public Works!
City Engineer
STATE OF CALIFORNiA
)
) SS.
)
COUNTY OF LOS ANGELES
i, the undersigned, City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing resolution was duly adopted by the City Council of said
City at a regular meeting thereof held in the City Hall of the City on the
day of
, 2006, and passed by the following vote:
AYES:
NOES:
ABSENT:
City Clerk, City of Lynwood
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
i, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true
and correct copy of Resolution No.
on file in my office and that said resolution
was adopted on the date and by the vote therein stated.
Dated this
day of
,2006.
City Clerk, City of Lynwood
Attachment A -- Proposed Appropriation Detail
. .... .... ....... ...........\ ...llJJ~!~r!:lJ~.\'l~R~
,0'" ..i.... iFlIOdN&." (i.:1'llil.~.111~9!111IIQ!llIte!1 .1l!14!!!Hm.~~.~.'"',,,...,
~()ncfl)~l!lcriptiP!1' ...., ~ liI11tlloce A,pprQPFiat~'Fi.l"~.."
Lynwood Public Finance
Authority 1999 Revenue An nex Rehabiliation
Bonds 45 $ 663.091 (Project No. 1189)
Revenues Bond Payable
(Water Fund) 1995 Water Well Construction
Series A 53 $ 12,308 (Project No. 5185)
Revenues Bond Payable Water Main
(Water Fund) 1999 Replacement - Abbott
Series A 61 $ 843,394 Street (Project No. 5300)
Lynwood Utility Authority
2003 Enterprise
Revenue Bonds 82 $ 97,405 City Hall ADA (5301)
Lynwood Utility Authority
2003 Enterprise City Hall Expansion
Revenue Bonds 82 $ 250,000 (5298)
*Lynwood Public
Authority 2003 Lease
Revenue Refunding City Hall Expansion
Bonds Series A & B 83 $ 16,118 (Project No. 5298)
$ 1,882,316
*NOTE: $82,277 was appropriated to Records Retention on September 19 Council
Meeting.
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DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
October 3, 2006
Honorable Mayor & City Council Me1}'er JI)
N. Enrique Martinez, City Managey ~J:-~-
Autra C. Adams, In!. Dir. Recreation & Community Services ~
Mark Flores, Administrative Analyst II
Title II Formula Grant Application
Recommendation:
Staff recommends that the Council adopt the attached resolution entitled, "A
RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE
APPLICATION FOR FEDERAL GRANT FUNDS AVAILABLE THROUGH THE
TITLE II FORMULA GRANTS PROGRAM".
Background:
The State of California Corrections Standards Authority (CSA) recently
announced the release of the Title II Formula Grants Program. Funds made
available through this program support delinquency preventionlintervention
efforts designed to curb juvenile crime and delinquency. The grants available are
for a 12-month period scheduled to begin April 1, 2007. The complete grant
application is due prior to October 17, 2006. The possibility of funding for two
additional years exists if Congress appropriates the funds and the approved
project has demonstrated effectiveness.
Discussion & Analysis:
The Recreation Department is preparing an application proposing a
comprehensive gang prevention & intervention program for local youth under the
age of 18. The program will be based at different sites throughout the City and
will use the assistance & resources of the Lynwood Unified School District
(LUSD), the Sheriffs Department and local Community Based Organizations
(CBO's).
Each applicant is required to submit a resolution from the governing body that
approves the development of an application, authorizes an application signor and
expresses its desire to abide by program statutes and regulations.
AGENDA
ITEM
;'f
Proqram Concept
The proposed program will apply for funding under the "Gangs - Prevention &
Intervention" Eligible Program Purpose Area. The program currently being
developed features the following:
· Operates Monday - Friday from 2:45 to 6:30 pm during the traditional
school year with a revised schedule for special weekend/holiday
activities and a summer session. The new program will be an
enhancement of the City's current After School Program.
· (5) PIT Case Managers will be hired to track, manage and record the
academic and program progress of youth participants. The additional
staffing will only be retained during the grant period.
· Program will be hosted at 5 school sites with approximately 20 tracked,
youth participants each (total of 100 tracked youth) and approximately
300 drop-in participants.
· Program participants will be selected through recommendations from
school administration, law enforcement & local CBO's.
· Selected youth will be required to participate in their selection of three
types of classes/workshops throughout the term of the program. First
youth participants will be required to participate in one of various
classes/workshops that will deal with the cause and/or prevention of
gang activities. Secondly, they will be required to participate in one of
various skills development classes (Le. career/education/trade
planning). Finally, they will be required to participate in one of various
alternative activity classes (Le. performing/creative arts, sports, etc.)
· Various rewards and positive reinforcements will be awarded to
program youth for successful progress (Le. field trips, awards, etc.)
Program Partners
Potential program partners and their roles:
· LUSD - Provide school sites for the program and gang prevention and
intervention resources.
. LA County Sheriff's Dept - Provide gang preventionlintervention
resources as well as positive interaction with law enforcement.
· LA County Probation - Provide gang preventionlintervention resources
as well as positive interaction with law enforcement.
. Drive-By Agony - Provide "Straight Talk About Violence" curriculum
. Resurrection of Life/Truevine Community Churches - Provide program
instruction space and various anti-gang resources.
Fiscal Impact:
It is anticipated that our program will apply for funding in the $250,000 to
$300,000 range for support of a one-year program. There is no agency match
required. If the City is successfully awarded the Title II Grant, staff will return to
the City Council to have grant funding appropriated into the budget.
Coordinated With: Finance Department, City Attorney's Office, Lynwood Unified
School District
RESOLUTION NO.
A RESOLUTION OF THE L YNWOOD CITY COUNCIL AUTHORIZING THE
APPLICATION FOR FEDERAL GRANT FUNDS AVAILABLE THROUGH THE
TITLE II FORMULA GRANTS PROGRAM
WHEREAS, the City of Lynwood desires to receive and use federal grant
funds available through the Title II Formula Grants Program administered by the
State of California Corrections Standards Authority (CSA); and
WHEREAS, if awarded a grant, the City of Lynwood agrees to abide by
the statutes and regulations governing the Title II Formula Grants Program as
well as the terms and conditions of the Grant Agreement as set forth by the CSA;
and
WHEREAS, the City of Lynwood also agrees that grant funds received
hereunder shall not be used to supplant expenditures controlled by this body.
NOW, THEREFORE, THE CITY OF L YNWOOD DOES HEREBY FIND,
ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That the City Manager or his designee is authorized to sign
and submit the Title II Formula Grants application, and if awarded a grant, he is
authorized to sign the Grant Agreement with the CSA, including any amendment
thereof, and oversee the expenditure of grant funds in accordance with the grant
conditions.
Section 2. This resolution shall become effective immediately upon its
adoption.
PASSED, APPROVED and ADOPTED this
2006.
day of
Leticia Vasquez, Mayor
ATTEST:
Andrea L. Hooper, City Clerk
N. Enrique Martinez
City Manager
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
J. Arnoldo Beltran
City Attorney
Autra C. Adams,
Int. Director Recreation &
Community Services Department
AGENDA STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
October 3, 2006
Honorable Mayor and Coun,{tMembers
Andrea L. Hooper, City Cle~
Commissions and Boards .
At Councils regular meeting of September 19, 2006 the Council nominated the following
(see attached memo). Council requested the commission/board list be returned for
further review and nominations.
Council Member Pedroza nominated Sylvia Herron to the Lynwood Women's
Commission and Arselia Villanueva to Personnel. Left open were:
Traffic & Parking
Parks & Recreation
Public Safety
Planning Commission
CDBG
Community Affairs
Youth Commission
Mayor Pro Tem Johnson nominated Mary Sue Lewis to Lynwood Women's
Commission, Julio Mendoza to Parks & Recreation, James Morton to Public Safety,
Adolph Lopez to Community Affairs and Alex Landeros to Traffic and Parking
commission. Left open were:
Personnel Board
Planning Commission
Community Development Advisory Board
Youth Commission
The following are interested in the Youth Commission. Currently there are nine active
youth commissioners. Openings for four:
AGENDA
ITEM
IS
Jaime Flores
Mayanin Amezcua De Leon
Meria Berlin Rowland
Jessica Tapia
Lizzet Gamboa was unable to be reached by phone
Kevin Sanchez was unable to be reached by phone
New application submitted on September 26, 2006
Sarah Hacket - for Lynwood Women's Commission
Lvnwood Women's
Margaret Araujo - Byrd
Sylvia Herron - Pedroza
Mary Sue Lewis - Johnson
Ethel Pacheco - Santillan
Dorothy Palmer Jones - Vasquez
Personnel
Barbara Battle - Vasquez
Maria Quinonez - Santillan
Paulette Bradley - Byrd
Arselia Villanueva - Pedroza
Open Johnson
Traffic
Irene Garcia - Vasquez
Pearline Calderon - Byrd
Alex Landeros - Johnson
Joaquin Mesinas - Santillan
Open Pedroza
Parks & Recreation
Bette Espeseth - Byrd
Julio Mendoza - Johnson
Lorene Reed - Vasquez
Daniel Salazar - Santillan
Open Pedroza
Public Safety
Frank Calderon - Vasquez
Dion Cornelious - Santillan
Lorna Hawkins - Byrd
Jim Morton - Johnson
Open Pedroza
Planninq
Lourdes Ramirez - Vasquez
Kenneth West - Santillan
Rita Patel - Byrd
Open Pedroza
Open Johnson
2 extra Vasquez - Bill Younger and Zelda Hutchinson
CDBG
Patricia Carr - Byrd
Sylvia Ortiz - Santillan
Martha Saldana - Vasquez
Open Pedroza
Open Johnson
Community Affairs
Joyce Edner - Byrd
Adolph Lopez - Johnson
Margie Harper - Vasquez
Carlos Malapaz - Santillan
Open Pedroza
By general consent the Council directed all Commissions/Boards to begin their new
term as of November 1, 2006.
Recommendation
After Council review appointment by motion the nominated Commissioners to their
respective Commissions and Boards
Name
Lvnwood Women's Commissions
Margaret Araujo
Sylvia Herron
Mary Sue Lewis
Ethel Pacheco
Personnel Board
Robert Robinson
Barbara Battle
Maria Quinonez
Paulette Bradley
Arselia Villanueva
Traffic and Parkino
Irene Garcia
John Beimer
Pearline Calderon
Rod White requested
other commission
Parks and Recreation
Bette Espeseth
Lucy Hernandez
Oscar Flores
Julio Mendoza
Charles Wood
Lorene Reed
Public Safetv Commission
Frank Calderon
Dion Cornelious
Zelda Hutchinson
Lorna Hawkins - no app. returned
Planninq Commission
Lourdes Ramirez
Carlos Manlapaz
Kenneth West
Victor Gomez
Jim Morton
Rita Patel
Juan Enciso
CDBG Advisorv
Joe Battle
Aide Castro
Patricia Carr
Sylvia Ortiz
Joanette Gutierrez
Martha Saldana
Appointed by App. Received
Byrd
Pedroza
Vasquez
Santillan
Vasquez
Vasquez
Santillan
Byrd
Vasquez
Vasquez
Pedroza
Pedroza
Byrd
Rodriguez
Pedroza
Byrd
Rodriguez
Vasquez
Vasquez
Santillan
Byrd
Vasquez
Santillan
Rodriguez
Pedroza
Rodriguez
Byrd
Pedroza
Byrd
Ped roza
Byrd
Santillan
Rodriguez
Vasquez
7/26/06
8/8/06
8/21/06
7/26/06
7/26/06
7/24/06
9/7/06
8/14/06
9/7/06
7/25/06
7/27/06
7/25/06
7/25/06
8/17/06
7/26/06
7/26/06
7/20/06
9/7/06
7/25/06
7/31/06
7/31/06
7/31/06
8/1/06
8/15/06
8/8/06
7/24/06
8/14/06
7/24/06
7/24/06
8/16/06
9/5/06
9/5/06
8/8/06
9/6/06
Della Maziotti - 3 absences is off per Ord.
No app. for Helen Anderson
Manny Perez- resigned
Guillermo Ramirez resigned
Dale Jones - 3 absences is off per Ord.
Sal Alatorre - resigned
Gerardo Reyes - resigned
Mr. Cornelius and Ms. Hutchinson want to be
considered for other commissions
Joanette Gutierrez wants another commission appt.
William Araujo wants another commission appt.
Communitv Affairs Commission
Joyce Edner
Gloria Garcia
Adolph Lopez
Sue Amicone
Byrd
Pedroza
Pedroza
resigned
7/27/06
7/26/06
8/17/06
Katherine Amey - no app.
Georgi McKenny - no app.
Esperanza Ramirez - resigned
Edner and Garcia consideration other commissions
Youth Commission
All applicants want to be reappointed
Claudia Figueroa, Kimberly Jacinto, Aaron Lopez, Chery Pena, Candice Estrada, Richard Esparza, Kathleen Merza, Cynthia
Gutierrez, Edwin Jacinto.
Veteran Affairs Council
Open to all veterans living in Lynwood
Applications of persons who want to be considered for appointment to other commissions
Rod White from Traffic to Planning Commission and/or CDBG
William Araujo from CDBG to Planning Commission
Gloria Garcia from Community Affairs to CDBG
John Beimer from Traffic to Planning
Joyce Edner from Community Affairs to Women's Commission
Zelda Hutchinson from Public Safety to Planning
Dion Cornelious from Public Safety to Planning
Joanette Gutierrez from CDBG to Public Safety
Irene Garcia from Traffic to Public Safety and/or CDBG
Manny Perez resigned Traffic to Recreation
New Applicants
Dorothy Plummer Jones - Lynwood Women's Commission
Tamara Ferguson - Recreation
Alfred Carrera - Recreation
Mayan Leon Amezcua - Youth Commission
Billy Younger - CDBG, Public Safety, Planning, Traffic & Parking
Anastasia Ventura - Lynwood Women's
Daniel Salazar - Recreation and Parks
Margie Harper - Community Affairs, Lynwood Women's, Planning
Martha Abrams White - CDBG
Jaime Flores - Youth Commission
Jessica Tapia - Youth Commission
Lizzet Gamboa - Youth Commission
Kevin Sanchez - Youth Commission
Mireia Rowland - Youth Commission
Resiqnation Letters:
Manny Perez - Traffic and Parking
Gerardo Reyes - Public Safety
Sal Alatorre - Public Safety
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
AGENDA STAFF REPORT
October 3, 2006
Honorable Mayor & City Council MefP%Ji)
N. Enrique Martinez, City ManageI' /~/P
J. Arnoldo Beltran, City Attorney
Autra C. Adams, Int Dir. Recreation/Asst. to City Mgr (}..111--
Adoption of an Ordinance to govern the pursuit of grant funding, and the
solicitation of gifts and donations to the City.
Recommendation:
Staff recommends that the City Council introduce for first reading by title only the
attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF L YNWOOD ADDING SECTION 6-7 TO THE L YNWOOD MUNICIPAL
CODE ESTABLISHING A POLICY GOVERNING GRANTS, DONATIONS AND
GIFTS TO THE CITY AND CONDITIONS OF ACCEPTANCE THEREFOR,
DELEGATING LIMITED AUTHORITY TO CITY STAFF TO SOLICIT AND
ACCEPT GRANTS, DONATIONS AND GIFTS, AND PROVIDING FOR
ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES TO GOVERN
DISPOSITION THEREOF."
Background:
Council has requested that an ordinance governing the pursuit of grant funding
by the City as well as gifts and donations be prepared for consideration. Initial
input on the draft was received from the Legislative Ad Hoc Committee.
Discussion & Analysis:
The proposed ordinance adds a new section to the Lynwood Municipal Code to
govern the pursuit of grant funding as well as gifts and donations for City
programs. The ordinance permits the solicitation of grant funds, gifts and
donations without the City Council's approval when the amounts accepted for
specific programs are each $15,000 or less on an annual basis, or when the
expenditure of the same is involved.
Administrative procedures will be prepared once the final approval from the AGENDA
Council is obtained for the ordinance. ITEM
liP
Fiscal Impact:
Adoption of the ordinance alone will not result in any cost to the City. It is
expected that implementation of the policy set out in the ordinance will result in
the procurement of additional resources for the City.
Coordinated With: Finance Department, City Manager's Office, City Attorney,
Recreation & Community Services
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L YNWOOD
ADDING SECTION 6-7 TO THE L YNWOOD MUNICIPAL CODE
ESTABLISHING A POLICY GOVERNING GRANTS, DONATIONS AND
GIFTS TO THE CITY AND CONDITIONS OF ACCEPTANCE THEREFOR,
DELEGATING LIMITED AUTHORITY TO CITY STAFF TO SOLICIT AND
ACCEPT GRANTS, DONATIONS AND GIFTS, AND PROVIDING FOR
ESTABLISHMENT OF ADMINISTRATIVE GUIDELINES TO GOVERN
DISPOSITION THEREOF
WHEREAS, Government Code S37354 permits the City Council of a City to accept or
reject any gift, bequest or devise made to or for the City, or to or for any of its officers in
their official capacity or in trust for any public purpose, and further empowers a City
Council to hold and dispose of such property and the income and increase from same
for such uses as are prescribed in the terms of the gift, bequest, or devise; and
WHEREAS, If the terms of a gift, bequest, or devise do not prescribe or limit the uses to
which the property received or the income or increase from it may be put, Government
Code S37355 permits a City Council to put such gift, bequest or devise, or the income
or increase from its use to such uses as a City Council may prescribe;
WHEREAS, the administration of the City's programs occasionally provides
opportunities for the City to receive gifts or donations of property and income; and
WHEREAS, the City Council wishes to establish a policy setting forth the circumstances
under which contributions may be either solicited and accepted; or, if unsolicited,
accepted; and
WHEREAS, the experience of the City is that contributions are made under a variety of
circumstances including those received with restrictions as to their use and, in other
cases, unrestricted as to their use and purpose; and
WHEREAS, the timely use of contributions and the handling of the same is a critical
component of a program involving contributions, and the City wishes to encourage
administration of City programs that occasional provide opportunities to receive gifts or
donations of property and income; and
WHEREAS, the City Council further wishes to provide for the effective and legally
sufficient means to abide by Donor intentions without compromising the City's ability to
manage resources and deliver services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF L YNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
1
Section 1: Section 6-7 is hereby added to the Lynwood Municipal Code to read as
follows:
6-7.1 Definitions
"Donation or Donations" means presentation by third parties of any tangible or
intangible asset including Gifts, in whatever condition, the City is prepared to accept
pursuant to the policy set forth herein and administrative guidelines promulgated
pursuant to this Ordinance.
City.
"Donor" means an individual or legal entity making a Gift or Donation to the
"Gift or Gifts" means the voluntary transfer of property, real or personal,
including money or marketable securities, from a third party to the City or any of the
City's Departments or constituent entities such as the Lynwood Information, Inc. or the
Lynwood Public Finance Authority.
"Grant" means funding provided by third parties, public and private entities,
available to the City through an application process, and when applied for pursuant to
City Council authorizations, and funded by the party offering the grant, permits the City
to spend the approved funding under conditions set forth in the grant program
application or established by the funding source.
"Intended Use"" when applied to Gifts or Donation means the direction or
limitation placed upon a Gift or Donation Donor which the City must agree to as a
condition of acceptance and use of the Gift or Donation.
"Restricted Account" means the account or accounts into which the City
deposits the Gift or Donation.
"Restrictions" means the condition or conditions placed upon a Gift or Donation
by the Donor and/or any limitation on the use of a Gift or Donation to the City placed on
said item by the Donor that impairs the ability of the City to dispose of or use the Gift or
Donation in any manner it determines appropriate.
"Segregation of Funds" means the City's record-keeping means and
management program that will maintain as separately identifiable the Gifts or Donations
until their use by the City.
6-7.2 Purpose. The City Council of the City of Lynwood hereby finds that there are
individuals and entities willing to make resources available to the City to provide for the
delivery of programs or services to its residents. When made available to the City, such
resources enhance the City's ability to serve the needs of its residents and businesses
alike. The clear and transparent management of Gifts or Donations serves to
encourage Donors' continued participation in charitable endeavors. To provide for the
effective management of such resources and encourage the contributions of the same
2
to the City, the City hereby adopts the policy set forth in this Ordinance.
6-7.3 Solicitation of Gifts or Donations.
a. There shall be no solicitation of Gifts or Donations by any City staff except pursuant
to the following guidelines:
1. Solicitations for Gifts or Donations may be made only by Department
Directors or their designated staff.
2. Solicitations for Gifts or Donations may only be made for specials programs
or functions administered by the Department making the solicitation. No solicitation
shall be made by the City for Gifts or Donations intended to benefit a single
individual.
3. Department Directors may not authorize staff or engage in solicitation for Gifts
and Donations without prior notification and authorization from the City Manager.
b) All solicitations must comply with the City's administrative guidelines to be
promulgated by the City Manager following the adoption of this Ordinance and in advance
of any solicitation or acceptance of Gifts or Donations authorized by this Ordinance.
6-7.4 Acceptance of Gifts and Donations.
a. Gifts or Donations provided to the City free of any restrictions may be accepted by
City employees authorized by their Department Directors to do so provided the Gifts or
Donations are not restricted in any way or, if restricted, the restriction on the use of the
Gifts or Donations is limited to the intended use for which the solicitations was made
pursuant to a City Council approved program.
b. All funds accepted by the City as a result of solicitation for Gifts or Donations shall
be deposited into a Restricted Account in the City Treasury. At all times there shall be
Segregation of Funds pursuant to administrative guidelines providing that any limitation on
or of use of received funds will be met and such compliance will be verifiable.
c. Unrestricted Gifts or Donations in any amount designated for specific programs
established by Council action shall not require further action by Council for acceptance.
Notwithstanding the foregoing, Gifts or Donations of real property or any estate in real
property may only be accepted pursuant to applicable state law, including but not limited
to, the requirement of a resolution of acceptance passed by the legislative body pursuant
to Govemment Code section 27281.
d. The City Council shall receive quarterly reports from the City Manager or his/her
designee on all Gifts or Donations received. Such reports shall contain the following
information:
1. The amount of each gift or donation and the date of receipt;
3
2. The name of the Department Director or Designee who solicited the gift or
donation;
3. The name of the donor;
4. An explanation of any restrictions placed on the gift or donation or the
expenditure or allocation of the funds and increases derived therefrom, and
compliance, if any should be required, with conditions or restrictions on the
funds received;
5. Such other information as the City may prescribe in its administrative
guidelines.
6-7.5 ALLOCATION, EXPENDITURE AND USE OF FUNDS
No action by the City Council shall be required for the allocation, expenditure or use of
Gifts or Donations provided the same are used for the purpose designated by the Donor,
and the total amount of funds in question for a specific program does not exceed Fifteen
Thousand Dollars ($15,000) in anyone fiscal year. In the event the proposed total of
funds to be allocated and spent exceeds Fifteen Thousand Dollars ($15,000) in anyone
fiscal year, the proposed allocation or expenditure of funds shall be presented to the City
Council for action.
6-7.6 GRANT FUNDING
The City may apply for funding from any type of available grant. The City Manager or his
designee shall approve applications for grants in all instances except in cases where the
grant conditions require City Council approval before presenting the grant application to
the funding source. Use of grant funds shall be at all times consistent with funding
conditions and shall be done under the supeNision and direction of the City Manager
except in cases where the conditions of the grant require City Council approval before the
funds may be used. In cases involving the allocation of more than Fifteen Thousand
Dollars ($15,000) for a program in anyone fiscal year, City Council approval must be had
prior to the use of the funds in question.
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 anyone 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
4
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
, 2006 and adopted and ordered published at a regular meeting of
said Council held on the
day of
,2006.
Leticia Vasquez, Mayor
City of Lynwood
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
J. Arnoldo Beltran, City Attorney
5
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
October 3, 2006 ~~
Honorable Mayor & City Council Me
N. Enrique Martinez, City Manager " /1 ~ A.
Autra C. Adams, Int. Dir. - Recre Ion & Community Svcs. ~'-
Kenneth Khan, Senior & Social Services Manager
SUBJECT:
Senior Center Sculpture Update
Recommendation:
Staff recommends that the City Council receive an update from staff on the
status of the sculpture.
Background:
At the June 6 City Council Meeting, the proposed bronze sculpture for the Senior
Center by Camilo Ramirez was presented for Council consideration. Staff was
directed to convene another meeting of the Senior Center committee and provide
the committee with alternative sculptures and artists for their consideration.
In response to this direction, staff contacted a number of artists requesting
sample artwork of sculptures prepared in the past and requested the artists to
submit concepts and costs for the Lynwood Senior Center. After receiving a
response from two additional artists, staff held a meeting with the Senior Center
Advisory Committee. The presentation took place on August 22, 2006. Twelve
committee members attended the meeting.
Discussion & Analysis:
During the presentation staff showcased sketches and models of sculptures by a
total of three artists. In addition to the materials provided by the two new artists,
the original artist also submitted two alternatives for consideration. Members
were also given the approximate costs for the sculptures which ranged from
$40,000 to $125,000. The committee was also informed that the items presented
were simply concepts and that if they decided which artist they preferred to
design the sculpture, the final art piece could be designed in conjunction with the
committee.
After the presentation and discussion amongst the committee members, a motion
was made from the floor to forgo a bronze sculpture and have a water feature on
the patio as the committee had originally requested. All committee members
present voted in favor of this motion. The committee further requested that staff
AGENDA
ITEM
/7
research if the original "wall of water" requested was included in the design
concept for the center and for staff to look into options for a simple water feature.
A follow-up meeting with the committee took place on September 27, 2006. At
this meeting, the committee selected a company that they would like to work with
in designing a water feature, Rock Water Designs. A tentative date of October 9
was set for a site tour to select the exact location of the water feature and meet
with the company.
Fiscal Impact:
The fiscal impact for this project is currently unknown, and will depend on what
type of water feature is recommended by committee members and approved by
the City Council. This element was not included in the construction budget for
the Senior Center and will ultimately require a funding appropriation. The Art in
Public Places fund is one potential funding source.
Coordinated With: Finance Department
Public Works Department
City Attorney's Office
II
AGENDA STAFF REPORT
PREPARED BY:
October 3, 2006
Honorable Mayor & City Council Members
N. Enrique Martinez, City Manage/l;::$
Deborah L. Jackson, Director of Quality of Life services~
PILOT PROGRAM - CIVILIAN OBSERVER PROGRAM
DATE:
TO:
APPROVED BY:
SUBJECT:
Recommendation:
Staff recommends that the City Council review the request and direct staff accordingly.
Background:
At the request of a Council Member the attached proposal for a pilot program for a
Civilian Observer Program is attached for Council consideration.
Fiscal Impact:
The fiscal impact is unknown at this time. There are potential revenues to the City (i.e.
fines, citations) and potential costs associated with staff time required to establish and
implement the program and/or hiring a consultant.
Coordinated With:
City Attorney's Office
Finance Department
Sheriffs Department
AGENDA ITEM.1 O.3.06.CIVILlAN OBSERVER PROGRAM
AGENDA
ITEM
I~
Proposed pilot program.
The proposal for this program is being brought forward as a
PILOT PROGRAM only. The proposed program would be for
three weeks only and would utilize volunteers as observers.
There would be no pay for the volunteers for the length of time
the pilot program was in use. This would allow the City Council
to view the results of the pilot program and determine if a more
permanent program should be pursued.
GOAL:
The Goal established:
To find a way to slow or stop crime in the City of Lynwood.
The identified problem was street crimes or other crimes in the City of
Lynwood. The correct scale was prepared and the following is a
suggestion from the City Council's consultant as to one possible solution
to the problem and how the goal might be assisted in being achieved.
Crimes, which could be called street crimes, such as graffiti or tagging, dumping of
construction waste and refuse by contractors, prostitution or more correctly,
streetwalking on Lynwood's streets, drug trafficking on Lynwood's streets and
locations where customers purchase drugs from dealers along the city's streets, are
just some of the crimes addressed by this proposal.
Other crimes were mentioned, specifically, murder, rape and child molestation.
These more serious crimes would need to be addressed by the standard police
methods because of the training and experience those who investigate such crimes
must have received. For the purpose of this proposal, the crimes of murder, rape
and child molestation are NOT considered "Street Crimes."
The problems found in combating the above types of street crimes are multiple.
Standard policing procedures can be and are effective in keeping such crimes in
check when the law enforcement officers can physically be present.
PURPOSE:
The Purpose of this project is to Improve the quality of life of the
citizens of Lynwood, to establish in the minds of those who commit suc~.
crimes that it is better NOT to commit those crimes in Lynwood and
finally to lower the crime statistics of Lynwood dramatically.
The Data to Hand:
The street crimes, which plague not only Lynwood but other cities as well, are
difficult to control. Normal police patrols, by their very nature, have a difficult time
preventing such crimes unless those crimes are stumbled upon by law enforcement
officers or unless information comes from a reliable snitch.
When those who are committing the crimes described above see a patrol car
approaching, they simply stop their illegal activity. The markings on police and
sheriff's cars, along with the light bars on the tops of the roofs of such patrol cars,
make them easily seen by those engaging in tagging, dumping and prostitution,
which stops for the time being. Drug packages are tossed into bushes and such
trafficking ceases until the patrol car has moved away.
There is probably not one City Council Member in Lynwood who has not being
either called or approached by a resident complaining about one of the above crimes
and requesting that some action be taken to deter such crimes from happening in
front of their homes and children or that ask to find someway to stop the ever
present graffiti which appears over and over again in the same locations.
Spraying over graffiti does not stop it. A newly painted wall, which removed the
previous graffiti, only emboldens those who will then return and engage in tagging
the clean wall again to reclaim their territory.
There might be an alternative, which would address all of the problems and crimes
discussed above and which would be very effective in combating those crimes.
There is also the very real possibility that such an activity could be brought into
existence and operated at a level where that activity could produce revenue for the
City of Lynwood, rather than draining the city of its tax dollars. As discussed
below, there is the possibility that such an activity could ultimately produce revenue,
which would be greater than the expenses it takes to operate such a service. What is
being proposed here is in no way an alternative for a police department. Lynwood
is patrolled by the Sheriff's Department and other than the crimes listed above it
would need to be a police officer or sheriff's deputy that investigated all crimes and
made arrests, including the crimes listed above. This pmposal sets forth an activity,
which very well could assist the Sheriff's Department with the crimes listed herein.
Such assistance to the sheriff's department would be conducted in following the City
of Lynwood's City Council's wishes to combat crime in Lynwood with every means
at their disposal and which is constrained only by the budget restrictions the city
must follow to remain fiscally responsible to its residents.
The Proposed Solution:
2
The solution being proposed is called CIVILIAN OBSERVERS OF AMERICATM(Q
Civilian Observers of America is NOT a police agency or even a security guard
service. It is a service, which could provide hidden observers (Normally in a van
with windows), which merely observes and reports illegal activities to their central
desk, which in turn reports the crime being committed at that moment to the
sheriff's department.
Proe:rams:
A Proe:ram is series of steps in seQuence to carry out a plan
Civilian Observers of American or COA would be made up of civilians, especially
trained to do nothing but observe and report. They would be eye witnesses to crimes
being committed in Lynwood and with the proper training would make very good
witnesses.
The placement of a nondescript looking van at those locations known to have crimes
such as graffiti or tagging, prostitution, drug dealing and illegal dumping, taking
place at those locations, results in the two Civilian Observers being in a position to
actually observe the crime or crimes being committed. Civilian Observers do not get
out of their vehicle, EVER. The FIRST RULE of Civilian Observers of America is,
"DO NOT GET OUT OF THE VEHICLE." In their training this rule would be
emphasized repeatedly to the future Civilian Observers, or C.O.s
Civilian Observers would be trained in the use of cameras with high speed film,
which would allow for the taking of photographs in low light or night settings.
Pictures could capture the license plate numbers of illegal dumpers. It would record
drug selling happing when it happens. It would also capture the people involved in
drug trafficking and along with the two eye witnesses in the van, it would provide
nearly iron clad cases for the successful prosecution of those guilty of the crimes
mentioned here.
Projects:
A project is a seQuence of steps written to carry out one step of a
proe:ram.
Civilian Observers would also be equipped with binoculars, which would assist with
their night vision by amplifying the ambient light available at night. It would also
assist them in making identification of suspects much easier.
Project:
3
Each Civilian Observer's unit, consisting of two observers would also be provided
with a small handheld tape recorder, which would be used to make and record a full
report when any illegal activities are observed by the Civilian Observer's. Such a
tape would be the most effective recording of the observation of any crime. The
written reports would contain a written record of the live action recording and the
original tape itself could be kept in the original file, for the crime being written up
and which was reported as having been observed. The manner of recording the
observation of a crime, to the writing of the final reports and the handling of each
piece of equipment would be included in the training all Civilian Observers would
receive.
Project:
It was the suggestion of Councilmember Santillan that for the initial pilot program,
volunteers could be used to perform the activities of the Civilian Observers and it
could then be determined if the program was successful during the pilot program,
without the City of Lynwood incurring any expenses for salaries for the Civilian
Observers during that initial pilot program.
Under this proposal only volunteers would be used as Observers, as opposed to
more complete description give the Civilian Observers below.
As opposed to the normal police candidate, the successful Civilian Observer's of
America candidate would need only a clean criminal background, clean driving
record, a physical ability to handle the equipment necessary to be used as a Civilian
Observer, i.e.: Tape recorder, cell phone, binoculars and camera, plus the ability to
type reports.
As, under NO circumstance may a Civilian Observer exit their vehicle and confront
a potential suspect or become involved in any way with any activity which requires
the Civilian Observer to get out of their vehicle, no strenuous physical activity
would ever be required of any Civilian Observer. The above fact presents the city
with the chance to avail themselves of Civilian Observers, with a unique
opportunity.
Civilian Observers of America candidates need not be unusually physically able to
do the job which is required of them. At the same time, because they are hidden in
vans, which are parked at the scenes of the crimes named at the beginning of this
proposal, people with disabilities could easily handle the job and duties required of
a successful Civilian Observer's candidate.
Although not an absolute, depending on the person with the disability, the able
bodied candidates could normally drive the Civilian Observer's van or vehicle for
the Civilian Observer's team. The only physical requirement, besides those already
listed, would be that all candidates for the position of a Civilian Observer would be
4
that the candidate had 20120 vision, even with corrective lenses and to have the
ability to both speak and hear within normal limits. They would also need to be
able to type reposts.
The above means that the City of Lynwood might be one of the first cities or
business, other than Goodwill Industries, which actively recruits for candidates for
the position of Civilian Observers from the ranks of those Americans with
disabilities.
One benefit of hiring Americans with disabilities is that there exist programs at both
the state and federal level, which provide funds for training and education of
persons with disabilities, which the city would be entitled to if it chose to hire half of
its Civilian Observer's of America candidates from that group of individuals with
disabilities. There is as well, state and federal funding available for a portion of the
wages of those disabled individuals who are hired by a business or organization.
That reduces the cost of the salaries of the individuals with disabilities.
It is suggested that the City of Lynwood contract through either a non-profit
organization or a licensed company, those individuals that are Civilian Observers
and from having to shoulder the expense of hiring a new city employee. This would
prevent the City of Lynwood from needing to announce a full time City position.
As can be imagined, the public relations received from such an endeavor would be
overwhelming. Such groups as the Americans with Disabilities would be showering
awards on the City of Lynwood for its foresight in the creation of such a program.
Project:
If the Civilian Observers of America concept and program were successful in
lowering the crimes discussed at the beginning of this proposal and in fact more
successful than the normal squad car enforcement tactics that would be a boon for
the city as well in the area of Public Relations. The idea behind Civilian Observers
is not to compete with the sheriff's department, it is to work together and to provide
information, witnesses, photographs of crimes being committed and to present the
above to the sheriff's department, which in turn may use that information and those
witnesses in making arrests and gathering the fines imposed for the city.
The idea behind Civilian Observers of America is that most security guards are
trained to observe and report. They have no special powers conveyed upon them
over what a normal resident of this country has, simply by virtue of being a private
person. Security guards also become involved with people who mayor may not be
committing some infraction of the law. Civilian Observers NEVER become
involved with a suspect or public person. That would violate the first rule or order
of Civilian Observers of America, which is, "DO NOT GET OUT OF THE
VEHICLE."
5
The key training points for all Civilian Observer candidates would consist of
stressing the first rule of DO NOT GET OUT OF THE VEHICLE. Training would
involve scenarios, which seem to offer the incentive to exit the vehicle and take some
action other than observe, call and report, make notes on the tape recorder, take
pictures to document what is occurring and DO NOT GET OUT OF THE
VEHICLE. Other training would involve how to make a proper report, what is
needed in the report and what is not needed. Training with the various pieces of
equipment the Civilian Observers will be working with as part of their duties.
Binoculars, a camera with high speed film with which to photograph suspects or
people committing crimes and the license plates of their vehicles. How to maintain
the accurate time on the camera, in order that all photos taken, display the correct
time the photo was taken, along with the correct date. Other methods, which would
need to be studied and learned, are how to conceal oneself in a van when it is dark.
Dark or black film or dark cloth curtains on the windows, placed there from inside
and which would prevent pass through light from silhouetting the occupants of the
vehicle and enabling someone outside the vehicle to see those inside the van, would
be used.
Another piece of equipment would be the cell phone issued to the teams going into
the field. The candidates must be made to understand that there will be no
unauthorized use of the issued cell phone. The only calls which should be made or
answered are to the shift supervisor, who can relay those calls to the County
Sheriff's Office, as needed. If unauthorized calls are made or received on the
Civilian Observer's phone, that would be explained as being grounds for
termination, as would getting out of the vehicle when in the field observing a
potential crime.
Project:
The vans or other vehicles used by the Civilian Observers would need to be as
nondescript as possible. Perhaps they could be lettered with signs such as, "Acme
Plumbing" or "Emmanuel Baptist Church."
Having eyewitness to crimes who have pictures, who could testify as eye witnesses
and a log of their phone call reporting the crime they observed would make it highly
unlikely that the criminals involved would want to go through the trouble or
expense of going to trial. The vast majority of cases would simply settle and pay the
fine.
When the person committing the crime, such as tagging, is under age and is
apprehended, the parents of that child should be forced to accept the responsibility
for the crime or destructive act committed by the child and pay the fine. Otherwise
the residents of the community will be forced to pay through higher taxes.
6
An important part of the Civilian Observer's program would be to explore the
possibility of having the City of Lynwood make as many of the crimes, listed as
street crimes above, made ADMINISTRATIVE violation. This would be done by
adding verbiage to the city's already existing codes.
At the same time a person should designated as the Administrative Hearing Officer
for the City of Lynwood and such a person would not need to be a judge and in fact
a non judge would be preferable. (Lower cost, not part of the county's judicial
system.)
The Administrative Hearing officer would be the person who hear ever case
involving a violation, wherein a person had been ticketed or cited for committing a
violation of those types described in the city's codes. This is akin to a small claims
court, however it is not part of the county's judicial system. Fines for
administrative violations can be imposed by the Administrative Hearing Officer and
those fines are paid directly to the City of Lynwood. Any fines imposed by the
criminal courts are kept in a fund, which is distributed once a year and the fines
imposed do NOT go automatically to the City of Lynwood. Such fines must be
applied for and panel must then decide who in the county receives what portion of
those fines.
Another problem exists in that the court system is overwhelmed with types of
crimes, which are considered much more serious, such as murder, robbery, rape
and so on. Misdemeanor violations, such as tagging and cruising, are difficult at
best to have prosecuted. Even when a fine is imposed on a convicted person if the
violation is for tagging or illegal dumping, the courts continually impose very small
fines for such violations. Those violations are mostly misdemeanors.
If such violations of law were made Administrative violations the City of Lynwood
could have those cases heard in front of Administrative Hearing Officer who could
impose either the full amount of the fine or whatever portion the Hearing Officer
felt was appropriate. Needless to say, instead of being consumed and overloaded
with heavy docket of severe criminal cases, the Administrative Hearing Office would
only hearing those cases, which are Administrative violations. In handling these
cases as Administrative violations, two benefits become quickly clear.
1. The amount of the fine imposed goes directly to the City of Lynwood.
2. The cases will be prosecuted, but as administrative violations and therefore are
kept out of the overloaded court system. This means cases are heard quickly.
Oftentimes, the courts only impose a tiny fraction of the fine set forth as the
maximum fine, which could be assessed. An example of this would be the case
involving the young tagger, which was presented to the city council at a recently
past City Council meeting, by the gentleman would was selling the database which
contained information about the taggers in the county. A digital camera was also
7
part of that package. In his presentation that gentleman brought up the case of a
tagger was apprehended and prosecuted by local law enforcement after the
database being offered was used. That particular young tagger had over fifty
previous violations for tagging and yet was penalized with a fine of something less
than a couple of hundred dollars. The cost to the city for cleaning up over fifty
different, individual graffiti attacks, far outweighs whatever the amount of the fine,
which was imposed.
When the maximum fine is imposed on a repeat offender, it is much more likely that
the violator will decide it is simply better to commit his or her violation in a city
other than Lynwood.
Enforcement:
No assessing of civil or administrative fines will do any good or act as a deterrent if
there is no enforcement of collecting the fines imposed for the administrative
violations, for which the Administrative Hearing Officer has imposed a fine.
My suggestion is that the City of Lynwood collect the amount of the fines it is owed,
by its residents, by adding the amount of the administrative penalty, assessed by the
administrative Hearing Officer to the resident's water bill if the resident is not
paying the fine or is breaking whatever arrangement that resident has made with
the City of Lynwood to pay the tine. This item would need to be checked out by the
City's attorney(s), but I believe the city has the right to asses such a tine to a
resident's water bill. If not paid, this could result in a person's water being turned
off.
While not all offenders will be Lynwood residents and no such tine can be assessed
to that person's water bill, if that person lives outside Lynwood, collection of such a
tine would be made easier by virtue of the fact that it would have already been
determined that the person owes the City of Lynwood that amount of money, as a
result of Administrative fine, which has been imposed on the person.
If the person does not pay the administrative violation, those cases can be turned
over to a collection agency, just as any other bills owed can be. The city pays
nothing to the collection company, who only earna percentage of the amounts of
money they collect. The collection company can use wag garnishment, attaching real
or personal property and the city need not hiring people to do this job, as the
collection company will pursue those amounts owed to the city, as that is how the
collection company earns it fees.
8
As, the areas in which the crimes of prostitution, drug dealing, tagging, and
contractor dumping are known, it is not possible to park a marked sheriff's vehicle
there all night. Yet, since those areas are known, it would be possible to set up and
park a nondescript and unmarked vehicle in that location with the purpose of later
observing those conducting that illegal business when they appear and begin to
commit their particular crime. Perhaps parking under a bridge where a lot of
tagging known to take place would be one idea. Parking a van on a street where
residents have been complaining to City Council Members or other city officials that
prostitution or drug dealing has been taking place would also be effective.
The Project as a Source of Revenue for the City of Lynwood:
There are several methods by which the concept of Civilian Observers can be used
to generate revenue for the City of Lynwood with little outlay on the part of the city.
The before mentioned state and Federal Government programs, which provide
funding for programs, which train those with disabilities.
I believe it could be arranged where the employees of Civilian Observers of
America were NOT regular employees of the City of Lynwood, thereby
eliminating the long term financial commitment, which is required of regular
city civil service employees.
There are no uniforms for Civilian Observers, no badges of rank, no insignias or
markings of any kind that would even signify that such a group exists. The entire
point is remaining anonymous and unknown, for to do otherwise reduces the
effectiveness of the Civilian Observers. Candidates would be discouraged from
identifying themselves as members of such a group and because of the loss of
effectiveness of the observers and the potential for confrontation with the criminals
being ohserved, such actions as telling people that one is a member of that group or
even confirming that such a group exists, would be discouraged.
Ultimately Civilian Observers will become known and so will the actions and job
description of what they do. At that point Civilian Observers becomes more of a
deterrent than a force for catching criminals in the act.
Once known or suspected that Civilians Observers are out and about observing and
reporting crimes, it would make sense that the criminals that commit the crimes
described within these pages will resort to committing their crimes in cities, which
do not have Civilian Observers.
9
The above would show Lynwood was at the forefront of combating crime in a new
and efficient manner, one not previously tried any place else. This could be coupled
with the innovation of hiring and using people, previously thought of as being
disabled and not capable of combating crime. (People with disabilities)
Statistics:
The statistics or measurable quantity of the benefit to the City of Lynwood , for the
Civilian Observer Project and plan, would be a comparison between the number of
arrests made for the crimes Civilian Observers watches for and reports and the
number of arrests made for those crimes, comparing present numbers while
Civilian Observers have been present and working compared to the number of those
same crimes, last year and even five and ten years ago. Also, the amount of fines
collected by the city. .
I am unsure if the City of Lynwood can legally operate the Civilian Observers of
America group in their own city, or if the Civilian Observes of America would need
to operated as a nonprofit organization. In either case, it is the license that would be
required to operate a department or chapter of Civilian Observers of America,
which would be required before a city could utilize that concept or the specific name
and methods employed by Civilian Observers of America.
In the year 2000, I created the initial idea for Civilian Observers of America. I
copyrighted the name, training methods and the idea, as much as I could and
trademarked the name and concept, plus methods of training and operation.
It was initially created to see if something effective could be done to combat the
types of crime listed in this proposal and I intended to market it as a deterrent to
crimes, to various cities. I did not offer the program, ever, as I became engaged in
other activities.
My suggestion is only made from a lay person's point of view and lacks any legal
opinion.
I would suggest, if it is permissible that I issue a license to the City of Lynwood and
that I receive NO payor one dollar ($1) for being involved in the setting up of the
Civilian Observers of America in Lynwood, other than in the capacity in which I
now work, that of a consultant_ 1 would suggest that I keep and maintain the right
to issue licenses to other cities for their use of the idea and of the training. I would
suggest this for the reason that in that manner I could effectively retain control of
my own idea and at the same time see to it that no other city or group infringed
upon my intellectual property and that they did not utilize the idea of Civilian
Observers of America on their own.
10
Some of the areas I would suggest that require more investigation are;
In the beginning I would suggest a pilot program, which could at an initial cost that
would be quite low, explore the results of the pilot program for a few weeks to see if
the Civilian Observers of America program would be effective in accomplishing its
mission of lowering crimes in Lynwood and in increasing revenue to the City of
Lynwood through various fines collected as a result of criminals being caught in the
act and photographed.
One area needing further exploration would be; obtaining vehicles for the program.
Nondescript vans, preferably used and not new or nearly new, would seem the best
choice. I would suggest purchasing a used van from the various police organizations
that auction such vehicles to the public. Those auctions would include, the I.C.E. or
Immigration and Customs Enforcement auctions, the General Accounting Office
auctions, (Seizures from the DEA, FBI and IRS) and from the various state and
local auctions of such vehicles that have been impounded and seized for auction.
Any low priced van, from any source, would work, as long as it was mechanically
sound. Possibly a city van could be used for the three week pilot program.
A legal opinion would be needed, which would address the overall operation of the
Civilian Observers and find the best method of setting up the program, which would
be legal for the city to operate that program.
Examining the acquisition of the needed equipment for the operation of the pilot
program, would be needed. Items such as binoculars, possibly night vision devises,
(available through the US Border Patrol, other departments of the US Government
or surplus outlets.) Cameras that can use high speed, low light film, cell phones and
tape recorders.
A note on cell phones; two phones would be required at a minimum for the pilot
program. Both phones should be on the same network, as in that manner all calls
between the Civilian Observer unit in the field and the supervisor, would all be on
one program and such programs are available, which charge nothing for calls
between the phones on that system, meaning the monthly charges for those phones
would not contain any charges for the calls made using those phones. A strict policy
of no other calls being permitted to be made on those phones, other than to the on
duty supervisor from the units in the field would be strictly enforced.
The issue of insurance would need to be investigated. Insurance for the vehicles (this
is why a spotless driving record is required) , as well as, liability and general
insurance for those working as Civilian Observers would be needed and possibly an
errors and omissions policy or general policy, which would cover those same issues
should be obtained.
The issue of how and where to deploy the Civilian Observers who are part of the
pilot program, should be examined to locate the most optimum areas in which to
11
operate. This could be determined by looking at past areas of high crime activity or
areas where residents have complained about those activities as are covered above.
Besides the number one rule of Civilian Observers of America, which is, "Do not get
out of the vehicle, ever!' other areas should be fully developed to ensure that there is
never any confrontation between the Civilian Observers and the public, especially
those person who are suspected of being caught in the act of committing a crime.
Some thoughts on stationary cameras: Some law enforcement agencies have
installed and are using stationary cameras to observe illegal activities. Some of the
points to consider about such devices are; they require at least one person observing
what is being shown on the camera. These cameras, while effective in observing
crimes where the same crime or crimes occur virtually every day, such as at the
various Ports of Entry of the US- Mexico Border, near points of entry, are effective
because all that is required is to observe people coming over the fence. If a number
of people are entering over the fence the dispatcher can direct agents to area to look
for suspected persons, even thought the faces of such people are not able to be seen
clearly, via such cameras. The quality ofthe pictures is not great and the visibility
of the cameras is subject to weather and other factors. As to the types of crime
addressed herein, cameras are easily spotted and it is a simple matter of moving
one's criminal activities away from the range of the camera. Such cameras, which
are expensive, are often the subject of vandalism. Replacing and repairing such
cameras is ongoing and expensive.
There are devices which can detect the sound of an aerosol can being sprayed,
however such devices are limited to being used in a single area and once observed
they too become the targets of vandals.
Using Civilian Observers provides two, mobile but hidden, eye witnesses trained as
professionals to observe and report only what they shave seen, as to each crime
observed. It provides a high quality picture of the crime being committed and a
running, real time, verbal report, being made during the commission of the crime,
by the observers. Such observer teams are mobile and can be placed and replaced
at will to more effectively observe, plus record and report such illegal activities.
The VALUABLE FINAL PRODUCT:
A valuable final product is a product that can be exChaDl!ed for the
services or l!oods of the society.
The valuable final product of this proposal concerning Civilian Observers is, "A City
where street crime is being reduced yearly, where the citizens of that community
KNOW their City Council responded to their concerns and turned Lynwood into an
example of what can be achieved when the City Council is determined to eliminate
12
crime in the streets. Lynwood should be the place other cities come to study the
methods of reducing street crime, such as those methods employed by the City of
Lynwood. The feeling of security provided to the residents of Lynwood
and the reduction of street crimes provided, is the product exchanged by the city
with its residents."
The above are just some of the ideas associated with the concept of Civilian
Observers of America, which is presented here as being part of the Goal Setting
project. Should the City Council discuss this proposal and decide the idea of a pilot
or test program, might have merit, I am available for any further questions, which
might arise.
I would need to submit a proposal which would enable me to carry out the needed
training for a two to three week period at a rate less that I am currently contracted
to be paid by the city as a consultant, as otherwise that training would be too
expensive. I will consent to much lower fee, for this special project as I feel in the
long run this program would be of great value to the city of Lynwood.
The other problem, which was anticipated was, whether or not the sheriff's deputies
would be able to respond to the scene of the crimes or violation, which had been
observed, and photographed.
I just met with the Sheriff's Department who informed me that they would be
willing to dedicate two of the candidates, which are now assigned to the COPs
program to the enforcement of the administrative we find and then the city has an
enforcement branch, during the initial pilot program.
If administrative violation fines are imposed on those who are violating those laws,
that revenue stream would fund many other projects. As administrative violations,
the fines imposed and collected, the fines would go to the City of Lynwood and NOT
to some other council, elsewhere, who then needs to decide, which portion of the
fines collect are to go to the City Lynwood
Further, I would be willing to personally train and supervise the volunteers on this
initial pilot program and to do so at a greatly reduced flat fee, which could come out
of my regular consulting contract. That contract will be expended by the coming
week so there would be no conflict between the two contracts as I would only have
the one new contract.
13
AGEu\JDA STt\Ff REPOFrr
DATE:
TO:
APPROVED BY:
PREPARED BY:
October 3, 2006
Honorable Mayor and City Council
N. Enrique Martinez, City Manager
Grant Taylor, Director of Develop ent Services G I
Subject:
First Amendment to Agreement for Lease & Development Fees
City of Lynwood and Bulletin Displays, LLC
Recommendation:
Staff recommends that the City Council review and discuss the first amendment to
agreement for lease and development fees by and between the City of Lynwood and
Bulletin Displays, LLC.
Background:
On September 5, 2006 the Lynwood City Council approved the first amendment to the
agreement in closed session as a way to settle current litigation and outstanding issues
with Bulletin Displays.
Discussion & Analysis:
The first amendment to the agreement is a result of extended negotiations between the
City of Lynwood (through its Ad Hoc Committee) and Bulletin Displays to address existing
litigation initiated by Bulletin Displays and to modify the initial agreement to meet goals
and objectives deferred by the City Council in its extended consideration of this matter.
The first amendment to the agreement is the result of the direction provided by the City
Council in its many reviews and considerations of the matter.
Fiscal Impact:
Revenues of $200,000 per site plus potential additional revenue generated pursuant to
Section 4 of the amended agreement.
Coordinated with:
City Manager's Office
Finance Department
City Attorney's Office
Attachments:
First Amendment to Agreement for Lease and Development Fees
City of Lynwood and Bulletin Displays, LLC
AGENDA
ITEM
/q
H:\WORDFILE\PLANNING\ST AFFRPT\memo.COllIlcil,billboardfirstamendment.\ t3..()6.doc
FIRST AMENDMENT TO AGREEMENT FOR
LEASE AND DEVELOPMENT FEES
by and between
THE CITY OF L YNWOOD, AS LESSOR
and
BULLETIN DISPLAYS, LLC, AS LESSEE
RECITALS
WHEREAS, on or about February 24, 2005 the parties entered into a LEASE
AND DEVELOPMENT AGREEEMENT (the "AGREEMENT") for the purposes set
forth in the AGREEMENT; and
WHEREAS, the parties are presently engaged in litigation (Los Angeles Superior
Court Case Number BC 340572) (the "LITIGATION") arising from conflicting
interpretations ofthe provisions of the AGREEMENT; and
WHEREAS, the parties have discussed the conflicting claims set forth in the
LITIGATION and have reached common understanding of the respective obligations of
each party under the AGREEMENT and now wish to resolve their conflicting claims
under the AGREEMENT by entering into this First Amendment (the "First
Amendment") to the AGREEMENT.
NOW, THEREFORE, THE PARTIES IN AN EFFORT TO RESOLVE ALL ISSUES
RELATIVE TO OR CONCERNING THE AGREEMENT HEREBY ENTER INTO THIS
FIRST AMENDMENT TO AGREEMENT FOR LEASE AND DEVELOPMENT FEES.:
I. Effective Date of the First Amendment: The AGREEMENT is hereby amended
effective upon the approval of this First Amendment by the City Council of the
City of Lynwood and execution of the same by all parties.
2. Six (6) Sites: The AGREEMENT is amended such that the total number of Sites
that Lessee will be entitled to build is six (6). Section 201.5, and all other
references to said section, are hereby amended to remove from Lessee the option
of choosing and building four (4) additional locations from those listed in Sl02
and ~ 103. Nothing in this First Amendment shall be interpreted to reduce the
applicability of S201.4.
3. Location of Six (6) Sites: 0201.1 is amended to strike "Lessor hereby leases and
demises Sites, 1,4,7,8, 10 & 14" and is replaced with "Lessor hereby leases and
demises Sites, 1,2,4,5, 10 & 14. Site 2, within the Lease Exhibit B Site Plans, is
amended per the attached Exhibit 1 to this First Amendment and Lessee will pay
the cost of constructing and landscaping the right turn only raised medium if
Column A is chosen by Lessee over Column B.
a. 00201.1,201.4,201.5,202.2 are amended to strike "except Sites 2 and 3"
and are replaced with "except Site 3". .
b. 0102 is amended to strike the entire paragraph entitled, "Site 2" and is
replaced with the following:
"Site 2. That certain portion of a parcel of land located north of Imperial
Highway and west of the east line of Little Alameda Street on the north
line of the 105 freeway."
c. 0102 is amended to strike the entire paragraph starting "Notwithstanding
any other provision to the contrary, the parties ..." and is replaced with the
following:
"Notwithstanding any other provision to the contrary, the parties reaffirm
their mutual desire and intent to permit Lessee the selection of six (6)
Sites. Under no circumstances will Site 3 be included in the Sites selected
by Lessee. Within the jurisdiction of the City, Lessor hereby covenants
not to authorize or approve any other off-premise signs at Site 3, or within
500 feet of said Site during the term of this Agreement."
4. Additional Consideration: 01317 shall be added to read as follows:
"0 1317. Additional Consideration Pursuant To Article 3: Development Fee:
Clear Channel Outdoor will operate 1.5 sites (of the 6 sites). For each of the sites
that Lessee will operate exclusively, Lessee will do an annual accounting and pay
the Lessor a "Revenue Bonus" within Ninety days of the end of each year of the
Lease, an amount equal to one-half (1/2) of any monthly Site Improvement
(Billboard) revenue that exceeds THIRTEEN THOUSAND DOLLARS ($13,000)
of gross advertising revenue per site. For the one-half (1/2) of the shared Clear
Channel Billboard that Lessee will operate and control, Lessee will do an annual
accounting and pay the Lessor a Revenue Bonus within Ninety days of the end of
each year of the Lease, an amount equal to one-half (1/2) of any monthly
Billboard revenue that exceeds SIX THOUSAND FIVE HUNDRED DOLLARS
($6,500.00) of gross advertising revenue. Further, the calculation of the Revenue
Bonus shall exclude any advertising agency or brokerage commissions and any
applicable taxes and shall be based solely on the basic advertising size, as
recorded on Lynwood's building permits, and does not include free form cutouts,
solid extensions, back-lit displays, 3D presentations, tri-vision, stretch faces,
additional art work reproductions or any other special treatment or appurtenances
as required by the advertiser. With prior written notice of not less than ten
business days, the Lessor has the right to audit Lessee's sign income account
related to this Lease, at Lessee's office, on any normal workday between 9:00 a.m.
and 4:00 p.m."
5. Commencement Date: 9 202.1 shall be amended such that the "License Telm"
and the "Commencement Date" shall be the date Lessor signs this First
Amendment after presentation of the executed First Amendment by Lessee.
6. Size ofImprovement: 9 I 03 shall be amended such that:
a. The clause "eighteen (18) high" shall be stricken within the paragraphs
entitled "Site 6", "Site 10" and "Site 16" and replaced with "fourteen (14)
high".
b. The paragraphs entitled "Site 2" and "Site 4" shall also allow a two sided
back-to-back sign.
c. The clause "twenty-four (24) high and twenty-six (26) wide" shall be
stricken within the paragraph entitled, "Site 14" and replaced with
"twenty-five (25) high and twenty-four (24) wide".
7. Lvnwood Municipal Code and the Uniform Building Code: 9401.1 is amended to
clarify that as of the Commencement Date, Lessee signs are conforming with the
Lynwood Municipal Code and with the Uniform Building Code and any
subsequent changes to said Codes shall grandfather the Billboards within the
Lease and within this First Amendment and allows for the relocation and
rebuilding thereof consistent with requirements in place as of the Commencement
Date except for compliance with any changes put in place for structural and
engineering requirements..
8. Settlement of Law Suit: Within Five (5) days of Lessor issuing the 6th building
permit, Lessee shall provide the Lessor with written notice thereof, in a form
acceptable to Lessor, that Lessee has dismissed their Superior court of the State of
California, County of Los Angeles case number BC 340572 with prejudice and
waives any and all claims against the City, its elected officials, employees, staff,
and attorneys, and their respective predecessors, successors and assigns, arising
from the subject matter of the referenced lawsuit up to the time of entering into
the First Amendment, and including a waiver of the provisions of Civil Code
Section 1542.
9. In Fee Or Easement Ownership Of The Sites: 9202.3 shall be amended adding
the following paragraph to state, "As part of the consideration of 9301, and
although this instrument is called a Lease with Rent, the parties acknowledge that
the Lessee is actually acquiring either an in fee ownership or an easement in the
City property pursuant to 9201.1, an easement or other similar rights for electrical
per 9201.3 and an in fee ownership of the Caltrans property pursuant to 9201.8,
and therefore upon the termination of the Improvement permits at the end of this
Lease, the Lessee must quitclaim its rights to the Caltrans excess land Sites that
were acquired from Caltrans if the Lessor pays the Lessee the fair market value as
determined within 9201.8 and the Lessee must quitclaim its rights to the City
Sites per 9202.3 if the Lessor pays the Lessee the fair market value of said sites
less any improvements.
CITY OF L YNWOOD (LESSOR)
Date: September _, 2006 By:
Leticia Vasquez, Mayor
ATTEST:
Andrea Hooper, City Clerk
BULLETIN DISPLAYS, LLC, a California
limited company (LESSEE)
Date: September I 2.. ,2006
By:
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Its: p~/~~-...rr-
APPROVED AS TO FORM
r~O~-~~~Y
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~KVJ,O,t ~i
Edison Service Pole ~ .
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Edison Pole 2353816F
ColumnA
Column B
---
---
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Fooling/Crosswalk Detail
Column A
SidewalkIFooting Detail
Column B
Pole 0 3.5'
\MPER\N- HwY
Footing 06'
Pole D 3.5'
Under si
C_~~t~:~ 0 6'
, ,
, ,
, ,
, ,
, ,
, I
, ,
, !
,
Crosswalk
105 FREEWAY
Proiect-Imperial Hwy., 40' East of UttleAlameda St.
(north line of 105 freeway). The configuration will be
three sided and triangular shaped or two-sided "V"
and the height of 92 feel.
Location D - Located at LitlleAlameda and Imperial
Hwy. The column will be placed in the center of Litlle
Alameda (Column A) entailing a medium to be constructed .
or located on the east line of Little Alameda in the
sidewalk (Column B).
Scale- 1 "=30'
8u!!~
~ INC.
16911 Jllnlh Street, Suile201
SUS\lIPar1t,CA80621
PhOfle(Sl21941_1233
F;u: {S621 941-4745
OW.EA
BUllETIN DISPLAYS, LLC
"CREAnVE OUTOOORAoVERnSlNG"
7899 Ninth sreet, Suite 201
Buena Park, CA 90021
PhCfle (310) BUlLETIN
(714)522-6020
Fax (714) 522-6309
j.
"
.' .
,
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.~-'/
AGREEMENT
FOR
LEASE AND DEVELOPMENT FEES
. by and between
THE CITY OF L YNWOOD, AS LESSOR
and
BULLETIN DISPLAYS, LLC, AS LESSEE
TABLE OF CONTENTS
ARTICLE 1 SUBJECT OF AGREEMENT ...................................................................1
Ii 101 Purpose of Lease ..................................................................................................................................1
Ii 102 Th e S ites .................................................................................................................................................. 1
Ii 104 Parties to the Lease.............................................................................................................................4
ARTICLE 2. LEASE OF THE SITES ...........................................................................4
Ii 201 Lease and License................................................................................................................................4
Ii 202 Term of the Lease ................................................................................................................................ 8
Ii 203 Term of the Lease on Privatelv Owned Parcels ......................................................................8
ARTICLE 3. RENT AND DEVELOPMENT FEE...............................~..........................9
Ii 301 Rent Amount and Development Fee ............................................................................................9
Ii 302 Charitable Advertisinl! ....................................................................................................................1 0
Ii 303 Lvnwood Chamber of Commerce Advertisinl!......................................................................10
Ii 304 U tility Costs..........................................................................................................................................1 0
Ii 305 Mutual Al!reement to Offer Real Estate as Consideration............................................... 10
Ii 306 Encumbrance on the City Parcel SiteslImprovements.......................................................10
ARTICLE 4. DEVELOPMENT OF THE SITES.........................................................11
li401 Scope and Schedule of Development..........................................................................................11
Ii 402 Cost of Constru ction......................................................................................................................... 11
Ii 403 No Construction Before Notice on the City Parcel Sites.................................................... 11
Ii 404 Notice of Non-Responsibility on the City Parcel Sites........................................................ 11
11
~ 405 Mechanic, Materialman, Contractor or Subcontractor's Liens on the City Parcel12
~ 406 Lessor's Ri!!ht of Access Durin!! Construction...................................................................... 12
~ 407 Local, State and Federal Laws .....................................................................................................13
ARTICLE 5 USE OF THE SITES AND IMPROVEMENTS........................................13
~ 501 Use of the Sites and Improvemeuts ............................................................................................13
~ 502 Maintenance Obli!!ations................................................................................................................13
~ 503 Mana!!ement of the Sites aud Improvements .....................................................................14
~ 504 Quiet Eu joyment................................................................................................................................14
~ 505 Hazardous Substance.......................................................................................................................14
ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES.............................16
~ 601 Payment Generally ............................................................................................................................16
~ 602 Payment of Impositiou in Installments .....................................................................................17
~ 603 Lessor Ri!!ht to Cure........................................................................................................................17
~ 604 Tax Receipts.........................................................................................................................................18
~ 605 Alternative Tax Liability ................................................................................................................18
~ 606 Con tests .................................................................................................................................................18
~ 607 Notice of Possessory Interest.........................................................................................................19
~ 608 Other Liens ..........................................................................................................................................19
ARTICLE 7 OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVPMENTS .....19
~ 701 Ownership Durin!! Term and at Termination .......................................................................19
~ 702 Removal of Improvements at Termination .............................................................................19
~ 703 Maintenance of Sites and Adjacent Areas...............................................................................20
~ 704 Waste ......................................................................................................................................................21
~ 705 Alternation of Improvements .......................................................................................................21
111
'.
~ 706 Damage to or Destruction of Improvements........................................................................... 2 1
~ 707 Application of Insurance Proceeds.............................................................................................22
~ 708 Waiver of Restoration Obligation...............................................................................................22
~ 709 Faithful Performance and Labor and Material (Payment) Bonds; Indemnification;
N onresponsibilitv N otices ....................................................................:.......................................................... 22
ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER .........................................23
~ 801 Prohibition Against Transfer........................................................................................................23
~ 802 Exception to Prohibition Against Transfer.............................................................................24
~ 803 Investigation of Proposed Transferee........................................................................................24
~ 804 Effective Date of Transfer........................................................................................ ......................24
~ 805. Bankruptcy ......................................................................................................................................25
~ 806. Lessor's Costs .................................................................................................................................. 25
~ 807 No Waiver ............................................................................................................................................. 25
ARTICLE 9 NO SUBORDINATION OF LESSOR'S INTERESTS.............................25
ARTICLE 1 0 INDEMNIFICATION AND INSURANCE ...............................................25
~ 1001 In d emnification ..............................................................................................................................25
~ 1002 Required Insurance ......................................................................................................................26
~ 1003 Definition of "Full Insurable Value" .....................................................................................27
~ 1004 General Insurance Provisions...................................................................................................27
~ 1005 Failure to Maintain Insurance .................................................................................................28
~ 1 006 Waiver of Claims ........................................................................................................................... 28
ARTICLE 11 EMINENT DOMAIN..............................................................................28
ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION ...................................28
~ 1201 Defaults - General..........................................................................................................................28
IV
~ 1202 Le2al Action .....................................................................................................................................29
~ 1203 Attorneys' Fees and Court Costs.............................................................................................29
~ 1204 Ri2hts and Remedies are Cumulative ...................................................................................29
~ 1205 Additional Remedies of Lessor.................................................................................................29
~ 1206 Remedies and Ri2hts of T ermination .................................................................................... 30
ARTICLE 13. GENERAL PROViSiONS....................................................................32
~ 1301 Notices. Demands and Communications hetween the Parties .....................................32
~ 1302 Time of Essence .....................................................................................................:........................32
~ 1303 Conflict of Interest ........................................................................................................................32
~ 1304 Nonliability of Lessor Officials and Employees ................................................................32
~ 1305 N 0 Partnership................................................................................................................................32
~ 1306 Compliance with Law ..................................................................................................................32
~ 1307 Surrender of Property .................................................................................................................33
~ 1308 Severability.......................................................................................................................................33
~ 1309 Bindin2 Effect .................................................................................................................................33
~ 1310 Captions.............................................................................................................................................33
~ 1311 No Recordin!! of this Lease ........................................................................................................33
~ 1312 Enforced Delay in Performance for Causes beyond Control of a Party .................33
~ 1313 Applicable Law ...............................................................................................................................34
~ 1314 Third Party Liti2ation and Indemnification ......................................................................34
~ 1315 Entire A2reement. Waivers and Amendments..................................................................35
~ 1316 Approvals.......................................................................................................................................... 35
v
This LEASE AND DEVELOPMENT AGREEMENT (the "Lease") is made by and
between the CITY OF L YNWOOD, a municipal corporation ("Lessor"), on the one hand, and
BULLETIN DISPLAYS, LLC, a California limited liability company ("Lessee"), on the other.
ARTICLE I SUBJECT OF AGREEMENT
S 101 Purpose of Lease
The purpose of this Agreement is to accomplish the installation, maintenance, and
operation of the "Improvements" (as hereinafter defined) on the "Sites" (as hereinafter defined)
for certain outdoor advertising displays ("billboards") by commercial operators advertising
certain businesses. However, notwithstanding the foregoing, the improvements shall not serve as
a public forum. The Sites are also located within the City of Lynwood and within either the
Alameda Redevelopment Project Area or the Project Area "A" Redevelopment Project Area of
the City of Lynwood or within an unincorporated area of Los Angeles that maybe annexed in the
future.
The lease of the Sites and the construction, maintenance and operation of the
improvements (as defined herein below) pursuant to this Lease are in the best interests of the City
and the health, safety, morals, and welfare of its residents, by creating a source of revenue to the
City, all in accord with the public purposes and provisions of applicable federal, state and local
laws and requirements.
S 102 The Sites
The "Sites," for purposes of this Agreement, are depicted on the "Map of the Sites"
attached hereto and incorporated herein as Exhibit A and are generally described as follows.
Site I. That certain portion of a parcel of land located south of Beechwood Avenue,
north of 105 freeway and near the intersection of Fernwood Avenue approximately nine-
hundred feet west of State Street. The Site can be relocated on the south side of
Fernwood Avenue.
Site 2. That certain portion of a parcel of land located north of Imperial Highway and
approximately 40' east of Little Alameda Street on the north line of 105 freeway. The
Site can be relocated on the southerly adjacent property approximately 50' closer to the
freeway.
Site 3. That certain portion of a parcel of land located north ofImperial Highway and
approximately 600' east of Little Alameda Street on the north line of 105 freeway. The
Site can be relocated on the southerly adjacent property approximately 10' closer to the
freeway.
Site 4. That certain portion of a parcel ofland located approximately 538' West of
Westec Way, on the south side of Little Alameda Street and on the south line of 105
freeway. The Site can be relocated on the north side of Little Alameda in or near the
1
sidewalk.
Site 5. That certain portion of a parcel ofland located approximately 30' West ofWestec
Way, on the south side of Little Alameda Street and south line of 105 freeway. The Site
can be relocated on the north or south side of Little Alameda in or near the sidewalk.
Site 6. That certain portion of a parcel ofland located approximately 471' East ofWestec
Way on the south line of 105 freeway.
Site 7. That certain portion of a parcel of land located approximately 971' East ofWestec
Way and on the south line of 105 freeway. The Site can be relocated on the northerly
adjacent property approximately 40' closer to the freeway.
Site 8. That certain portion of a parcel of land located approximately 15' west of Long
Beach Boulevard approximately 5' south ofLynwood Road. The Site can be relocated on
the east side of Long Beach Boulevard in or near the sidewalk approximately 10' south of
the freeway.
Site 9. That certain portion of a parcel ofland located approximately 30' east of Long
Beach BoUlevard & somewhere between Platt A venue and approximately 200 feet north
of Platt Avenue and on the north line of 105 freeway. The Site can be relocated on the
west side of Long Beach Boulevard in or near the sidewalk approximately 10' north of
the freeway.
Site 10. That certain portion of a parcel of land located north ofImperial Highway north
line of 105 freeway. The Site can be relocated on the south side of Imperial Highway on
city property.
Site 14. That certain portion of a parcel of land located north ofImperial Highway and
approximately 150' east of Mona Boulevard and on the north line of 105 freeway. The
Site can be relocated on the south side ofImperial Highway approximately 20' east of
Mona Boulevard.
Site 15. That certain portion of a parcel of land located north of I 15th Place and north of
Imperial Highway and approximately 20' east of Watts Avenue. The Site can be
relocated Alameda Street on the north line of 105 freeway. The Site can be relocated on
the south side of I 15th Place approximately 10' west of Watts Avenue on city or private
property.
Site 16. That certain portion of a parcel of land located north of I 15th Place and north of
Imperial Highway and approximately 50'-250' west of Alameda Street on the north line
of 105 freeway. The Site can be relocated on the south side of I 15th Place on city or
private property.
Notwithstanding any other provision to the contrary, the parties reaffirm their mutual
2
desire and intent to permit Lessee the selection of six (6) Sites, and, subject to the
provisions of Section 201.5, an additional four (4) Sites. Under no circumstances will
Sites 2 and 3 be included in the Sites selected by Lessee. Within the jurisdiction of the
City, Lessor hereby covenants not to authorize or approve any other 00 premises signs at
Sites 2 and/or 3. or within 500 feet of said Sites during the term of this Agreement.
(Sites 1,2,3,4,5,6,7,8,9,10,14, IS, &16 are hereinafterreferred to collectively as the
"Sites"). However, notwithstanding anything contained in this Lease to the contrary, the
Sites shall only include: (i) the portions of the Sites necessary and utilized for the support
cylinders of the Improvements; (ii) the air above the Sites which are utilized by the
completed Improvements, and (iii) those specific portions of land under the surface of the
Sites which are necessary and utilized for the foundation(s) of the Improvements.
The Sites are located in a commercial and/or industrial zone, in accordance with the
Section 25-33.8(e) of the City Municipal Code.
S 103 The Improvements
The term "Improvements" as used in this Lease shall mean the following:
Site 1. A two-sided "V" sign, eighty-seven feet (87') high, fourteen (14') high and forty-
eight (48') wide freestanding pole sign. The structure may project over the property lines;
Site 2. A three-sided and triangular shaped sign or two-sided "V", ninety-two feet (92')
high, fourteen (14') high and forty-eight (48') wide freestanding pole sign;
Site 3. A two-sided "V" sign, ninety-two feet (92') high, fourteen (14') high and forty-
eight (48') wide freestanding pole sign;
Site 4. A three-sided and triangular shaped sign, one-hundred-two feet (102') high,
fourteen (14') high and forty-eight (48') wide freestanding pole sign;
Site 5. A two-sided back-to-back sign, eighty-seven feet (87') high, fourteen (14') high
and forty-eight (48') wide freestanding pole sign;
Site 6. A two-sided back-to-back sign, eighty-seven feet (87') high, eighteen (18') high
and forty-eight (48') wide freestanding pole sign;
Site 7. A two-sided back-to-back sign, eighty-two feet (82') high, fourteen (14') high and
forty-eight (48') wide freestanding pole sign;
Site 8. A two-sided back-to-back sign, ninety-two (92') high, fourteen (14') high and
forty-eight (48') wide freestanding pole sign;
Site 9. A three-sided and triangular shaped sign or two-sided back-to-back, ninety-two
feet (92') high, fourteen (14') high and forty-eight (48') wide freestanding pole sign;
3
Site 10. A two-sided "V" sign, seventy-five feet (75') high, eighteen (18') high and forty-
eight (48') wide freestanding pole sign;
Site 14. A two-sided "V" or a two-sided back-to-back sign, eighty-seven feet (87') high,
fourteen (24') high and forty-eight (26') wide freestanding pole sign;
Site IS. A two-sided "V" sign, ninety-two feet (92') high, fourteen (14') high and forty-
eight (48') wide freestanding pole sign;
Site 16. A two-sided "V" sign, ninety-two feet (92') high, eighteen (18') high and. forty-
eight (48') wide freestanding pole sign;
The actual size of the billboards also can be expanded to incorporate normal extensions and
appurtenances used in the industry provided all legal requirements for the same are met.
S 104 Parties to the Lease
S 104.1 "Lessor" is the City of Lynwood, a municipal corporation existing
under the laws of the State of California. The principal office of Lessor is located at 11330 Bullis
Road, Lynwood, CA 90262.
"Lessor" as used in this Lease, includes the City of Lynwood and any assignee of
or successor to its rights, powers and responsibilities,
S 104.2 "Lessee" is Bulletin Displays, LLC, a California limited liability
company. The principal office of Lessee is located at 7699 Ninth Street, Ste. 201, Buena Park,
CA 90621.
Wherever the term "Lessee" is used herein, such term shall also include any
permitted nominee or assignee of Lessee as herein provided.
ARTICLE 2. LEASE OF THE SITES
S 201 Lease and License
S 201.1. Regarding any of the Sites that are located on City owned property
(which includes Redevelopment Agency owned property), for and in consideration of the
conditions, covenants and agreements set forth herein, Lessor hereby leases and demises Sites I,
, 4, 7, 8, 10 & 14 (all said Sites collectively referred to as the "Selected Sites") to Lessee and
Lessee hereby takes and leases the Sites from Lessor beginning on the Commencement Date as
defined in Section 202.1 and continuing for the period set forth in this Lease and no additional
consideration will be owed to the City for said Lease. For the Sites that are within the City
limits, the Lessor shall acquire at Lessee's sole cost and expense any land necessary to locate or
relocate the Sites for the Selected Sites, but if any of these Sites are unobtainable, the Lessor
shall do likewise for any of the remaining Sites that are listed within Section I 02 (except for
4
Sites 2 and 3) which Lessee may substitute at its choice as long as the total Sites on which
Lessee will construct the improvements does not exceed Six (6).
9201.2. For those Sites leased pursuant to 9 201.1 and for and in
consideration of the conditions, covenants and agreements set forth herein, Lessor hereby
provides Lessee with the following licenses beginning on the Commencement Date as defined in
Section 202.1 and continuing for the period set forth in this Lease:
(a) a license for pedestrian and vehicular access across those parcels of
real property owned by the City which shall include, but not be limited to, those certain portions
of the Sites which are not specifically leased to Lessee pursuant to the terms and conditions of
this Lease (i.e. those certain portions of the Sites on which no support cylinders of the
Improvements are located nor are required to be utilized for the foundation(s) of the
Improvements)(the "City Parcels") which Lessor determines are reasonably necessary to access
those certain portions of the Sites on which the construction, operation, maintenance, repair
and/or replacement of the Improvements shall take place.
(b) a license to store dirt and other materials on the City Parcels during
construction of the Improvements, the exact location of which shall be determined in the sole
discretion of Lessor. All dirt and construction debris will be completely removed by Lessee from
the City Parcels immediately upon completion of construction of the improvements
Any exercise of any right or interest granted pursuant to this Lease shall be conducted in
such a manner as (i) to be in compliance with all applicable safety rules and regulations (ii) to
minimize interference with any use by Lessor and/or the general public of the City Parcels as
much as is reasonably feasible; and (iii) at Lessee's sole cost and expense Lessee shall indemnifY,
defend, and hold harmless Lessor and its officers, agents and employees from and against any
claim, liability, loss or damage caused by Lessee in its exercise of the rights or interests granted
pursuant to this Lease relative to the Sites and/or the City Parcels. In particular, Lessee shall be
responsible for the prompt repair and/or restoration of any damage caused by Lessee during any
exercise of the rights or interests granted pursuant to this Lease, including, as necessary,
replacement of any damaged landscaping material or irrigation system.
S 201.3. Lessor further agrees to make available at Lessee's sole cost and
expense such access in and to the City Parcels as is necessary to provide electrical or other utility
service to the Sites (overhead or underground as determined by Lessor in consultation with
Lessee), including but not limited to providing any easement or other access right necessary for
such service, provided, however, that all utility service(s) to the Sites shall be designed,
constructed, operated and maintained in such a manner as to minimize to the greatest extent
possible any interference with the use of the City Parcels by City and/or the general public.
Lessor's determination regarding the locations required under this paragraph and the
undergrounding of utilities shall be final and binding on Lessee.
S 201.4. During the life of the Lease granted pursuant to Section 201.1, the
Lessor shall reserve the remaining Sites that are listed in Section 102 (except for Sites 2 and 3)
and 500' on either side as measured parallel to the freeway and in compliance with Business and
Professions Code Section 5408 (d) exclusively for Lessee and the Lessor shall cooperate, at
5
Lessee's sole cost and expense, with Lessee in maintaining or relocating their State permits, but
no improvements can be built on said reserved Sites until Lessee and the Lessor mutually agree.
9201.5. Lessor acknowledges that the Lessor and Regency Outdoor
Advertising, Inc. (Regency) have a Tolling Agreement (which has been dismissed without
prejudice) to a Los Angeles County Superior Court, Case No. BC285256 and that the Lessor is
only allowed to utilize the four (4) Sites II, 12, 17 and/or 18 as identified in Regency's
settlement proposal of September 4, 2003 and their improvements as listed below, in order to
settle said case if necessary. If Regency decides not to refile said case, or if a Court determines
that there was no valid Regency/Lynwood contracts that are the basis of the dispute, or if the
Lessor determines that there is no more dispute and/or liability, the Lessor shall immediately
notify Lessee in writing and Lessee shall be allowed to choose and build four (4) additional
locations as listed above in 9 I 02 and 9 I 03 (except for Sites 2 and 3) and based on the same
terms as are within this Lease, including but not limited to providing an additional and
proportionate rental income of Two-Hundred- Thousand ($200,000.00) Dollars per each of the
four (4) Sites as expressed within 9301, except that the Commencement Date for these four (4)
additional Sites and Improvements shall be replaced with the date that the Lessee receives written
notice from Lessor. Lessor will use its good faith efforts to resolve the Regency case as soon as
possible and notify Lessee.
(a) The "Regencv Sites"
The "Regency Sites," for purposes of this Agreement, are depicted
on the "Map of the Sites" attached hereto and incorporated herein as
Exhibit A and are generally described as follows.
Site II. That certain portion of a parcel of land located approximately 65'
East of the east curb of Mona Boulevard on the south line of 105 freeway
on the Los Angeles County Sheriffs Department property.
Site 12. That certain portion of a parcel of land located approximately
815' West of the west curb of Alameda Street on the south line of 105
freeway on the Los Angeles County Sheriffs Department property.
Site 17. That certain portion of a parcel of land located on the west side of
Atlantic A venue on City property north of 105 Freeway.
Site 18. That certain portion of a parcel ofland located on the east side of
Atlantic A venue on City property south of 105 Freeway.
(b) The "Regencv Improvements"
The term "Regency Improvements" as used in this Agreement shall
mean the following:
Site II. A two-sided back-to-back sign, eighty to one-hundred feet (80'-
100") high, fourteen (14') high and forty-eight (48') wide freestanding
6
pole sign;
Site 12. A two-sided back-to-back sign, eighty to one-hundred feet (80'-
100") high, fourteen (14') high and forty-eight (48') wide freestanding
pole sign;
Site 17. A two-sided back-to-back sign, eighty to one-hundred feet (80'-
100") high, fourteen (14') high and forty-eight (48') wide freestanding
redevelopment pole sign;
Site 18. A two-sided back-to-back sign, eighty to one-hundred feet (80'-
100") high, fourteen (14') high and forty-eight (48') wide freestanding
redevelopment pole sign;
The actual size of the billboards also can be expanded to
incorporate normal extensions and appurtenances used in the industry.
S 201.6. Nothing contained in this Agreement shall prevent Lessor from
approving licenses for similar bulletin boards for Lessee or other applicants provided that all
local, state and federal legal requirements for approval of such licenses have been met.
S 20 I. 7. The Lessor shall not permit any other City development or
landscaping or privately owned business development or landscaping to be approved that
interferes with the line of sight to and from the Improvements as seen from the applicable
freeway. The Lessor shall amend their City ordinance to provide for a "line of sight" distance of
one thousand feet (1000'), "interference" as only that which interferes with advertising copy and
not with other components of the Improvements, and then only when the revenue impact of such
"interference" is twenty percent (20%) or greater. .Nothing contained herein shall impose any
obligations upon the Lessor to adopt any ordinance to govern the conduct of public utilities.
Lessee shall be solely responsible for any negotiations involving the impact of public utilities
upon the advertising copy. When, in the sole discretion of Lessor, the applicability of such a
change to an ordinance impacts a development project whose value to the City exceeds the
remaining amortized value of the consideration received from Lessee, Lessor may elect to
approve such a project provided Lessor assists Lessee with the relocation of the Site so impacted
including payment of the costs to relocate the Improvements for the remaining term.
S 201.8. Lessor may retain the services of a legislative advocate to assist in
the procurement of State (CaITrans) excess land for the placement of certain of the
improvements. Lessor will acquire fee-title to said Caltrans excess land and immediately
quitclaim it to Lessee for the same price that Caltrans demands. Unless the Agreement is
mutually extended prior to the termination of this Agreement per Paragraph 202, Lessee will
immediately upon said termination quitclaim any rights to said Caltrans land back to Lessor for
an amount equal to the amount originally paid by Lessee plus Two (2) Percent compounded per
year. Lessor will retain such legislative advocate services only upon a written agreement with
Lessee that it will advance Lessor for the fees and costs associated with such services regardless
of the outcome of the efforts to acquire the excess land For a period of time of not less than three
(3) months from the commencement of such services or the completion of the procurement of the
Caltrans property, whichever is shorter. The services may be terminated upon a thirty-day
7
written notice any time after the expiration of the first three months of service.
S 202 Term of the Lease
S 202.1. Unless sooner terminated as provided herein, the term of this Lease (the
"Lease Term") or term of the Development License ("License Term") shall begin on the first
day that the Lessor approves the Lease (the "Commencement Date"). and expire on the thirtieth
(30 annual anniversary of the Commencement Date (the "Termination Date"). The Parties must
mutually execute this Agreement within Two (2) days after the Commencement Date.
Notwithstanding any other provision ofthis Lease to the contrary, from and after the Termination
Date, Lessee shall have no further right, title, or interest in or to the Sites, nor any further
obligation under this Lease except for unfulfilled obligations of Lessee incurred prior to the
Termination Date. Upon the termination of this Lease, and if the Lease term or the License term
are not otherwise extended by mutual agreement, the Improvements which are trade fixtures of
Lessee, shall be removed and Lessor must grant written permission and assist the Lessee, at no
cost to Lessor, in relocating the State permits back onto private properties.No sign structures will
be built until both parties mutually agree and all applicable provisions of the Municipal Code
have been met. Such assistance shall not constitute approval for the erection of new
improvements at the private properties.
S 202.2. Notwithstanding any provisions of this Lease to the contrary, this Lease
shall terminate as to all Parties and become null and void if (i) pursuant to mutually agreed
termination; or (ii) if the consideration pursuant to Section 30I.l is not delivered by Lessee to
Lessor, given no third party interference with the implementation of this Lease via the judicial or
legislative process or otherwise. However, in the event that the Lessor has not acquired any of the
City Parcels within sixty (60) days of the Commencement Date, or it is determined by a court of
competent jurisdiction that the Lessor does not have the authority to lease the Sites, or any
portion thereof; the Lessee shall have the right but not the obligation, to terminate this Lease with
respect to the Sites or the unauthorized portion( s) of the Sites, only following written notice to
the Lessor. In the event of such a termination of the event, and the Rent Amount shall be adjusted
as provided in Section 301 hereinafter or Lessee shall have the option to substitute a similar
number of sites from the sites listed in Section 102 except for Sites 2 and 3..
S 202.3. At the termination of this Agreement only pursuant to the terms of this
Agreement, Lessee shall execute, acknowledge and deliver to Lessor, within thirty (30) days after
written demand by Lessor, a valid and recordable quitclaim deed covering the City Parcel Sites
and the Improvements, free and clear of all liens and encumbrances and the Lessor shall within
their written demand return all unearned fees in proportion to the contract length paid by Lessee
pursuant to this Lease less any remedies only granted pursuant to this Lease.
S 203 Term of the Lease on Privatelv Owned Parcels
Regarding the Sites that are located on privately owned parcels ("Private Parcels"), the
applicable terms of this Lease apply, including but not limited to, the length of the Lease and the
removal of the improvements upon the expiration of the Lease, as specified in this S 202.1, shall
apply to the length of the City permits and accompanying improvements that are associated with
and located on the Private Parcels.
8
ARTICLE 3. RENT AND DEVELOPMENT FEE
S 301 Rent Amount and Development Fee
Lessee shall pay Lessor rent and/or development fees, in advance, in the amount
of One-Million- Two-Hundred- Thousand Dollars ($1,200,000.00) or development fee Gointly the
"Rent Amount") which One-half of the Rent Amount is due within Four (4) months of the
Commencement Date for three of the six Sites that Lessee chooses from the Selected Sites and
after which Lessee can immediately commence construction on the first, second and third sites of
the Selected Sites and corresponding Improvements. The Second-half of the Rent Amount is due
Ninety days thereafter and after which Lessee can immediately commence construction on the
fourth, fifth and six sites of the Selected Sites and corresponding Improvements. While the
preceding sentence restricts commencement of construction of the Sites and Improvements, the
commencement of the engineering and other staff functions are not restricted and can begin
immediately after the Commencement Date as long as Lessee pays the applicable staff fees that
are associated with those services mentioned in Paragraph 402.. The Rent Amount represents a
rental rate or development fee of Two-Hundred-Thousand ($200,000.00) Dollars per Site for
each of the Selected Sites subject of this Agreement. Said amounts shall not be subject to any
prorations or adjustments under any circumstances and shall be considered fully earned upon
payment regardless of future adjustments or relocations of the Improvements. The City Manager
has the authority to grant a reasonable extension to the Four (4) months if Lessee can reasonably
demonstrate that a financing of the Rent Amount is reasonably close to finalizing and such
extension shall not be unreasonably withheld. Such an extension shall not exceed an additional
Two (2) months under any circumstances.
S 301.1 Within Five (5) days of the required execution of the Agreement as
specified in Section 202.1, Lessee shall provide the Lessor with written notice thereof, in a form
acceptable to Lessor, that Lessee has dismissed their Superior Court of the State of California,
County of Los Angeles case number BS091177 with prejudice and that Lessee has dismissed
their United States District Court, Central District of California case number 01-08584 with
prejudice and waives any and all claims against the City, its elected officials, staff, and attorneys
arising from all course of conduct up to the time of the entering into the new lease for the
locations stated above.
S 301.2 Lessor and Lessee will work together to relocate the State Permits
to allow the locations listed in ~~ 102 and 103, and Lessee shall reimburse Lessor for any and all
costs associated and incurred and to be incurred by Lessor in extending such cooperation.
S 301.3 Upon the delivery of the rental amount specified in 3 301
and upon the written conformation, in a form acceptable to Lessor, that Lessee has
dismissed their Superior Court of the State of California, County of Los Angeles case
number BS091177 with prejudice and that Lessee has dismissed their United States
District Court, Central District of California case number 01-08584 with prejudice as
required by Section 301.1, the Lease and the obligations of the Parties shall be vested and
the Parties expressly waive the necessity for substantial construction of the improvements
9
to prove a contractual vesting.
S 302 Charitable Advertising
During the term of this Lease, Lessee agrees to offer two (2) billboard face months
per year on any of the Sites, free of charge excluding production, to charitable and civic
advertising on a space availability basis to any nonprofit charitable organization or to the City of
L ynwood to advertise various civic activities.
S 303 Lvnwood Chamber of Commerce Advertising
During the term of this Lease, Lessee agrees to offer any of the Sites on a space
availability basis and at a ten (10%) percent discount off the listed rate to any registered member
of the L ynwood Chamber of Commerce.
S 304 Utility Costs
S 304. I Lessee shall be solely responsible for all utility costs associated
with construction, operation and maintenance of the Improvements.
S 304.2 Lessee shall, if possible, arrange for utility service(s) to be
provided to the Sites and Improvements through a separate meter(s) from any meter(s) providing
utility service(s) to the City Parcels. Until such time as Lessee obtain separate metering of
utilities, Lessor shall determine in its reasonable discretion what portion of each utility bill is
attributable to the Improvements, and Lessee shall pay Lessor their share of each utility bill
within fifteen (15) days of Lessor providing Lessee with notice of the amount due. If Lessee shall
fail to pay such amount to Lessor within the time specified by Lessor, Lessor may (i) seek to have
the utility company terminate utility service to the Sites and Improvements or (ii) pay the entire
utility bill, and the amount paid by Lessor on Lessee's behalf and the amount of all costs,
expenses, interest and penalties connected therewith, including attorneys' fees, together .with
interest at the rate of three percent (3%) over the prime rate of the largest bank operating in the
State of California on the date payment is made by Lessor, shall be deemed to be and shall be
payable by Lessee as additional rent and shall be reimbursed to Lessor by Lessee on demand.
S 305 Mutual Agreement to Offer Real Estate as Consideration
Provided the Lessor makes a request, and upon mutual agreement of the Parties,
any of the cash consideration deadlines associated with the Rent Amounts can be delayed for a
reasonable time in order for each Party to consider and evaluate accepting the alternative form of
consideration of real estate located within the City limits of Lynwood in lieu of a tender of cash.
S 306 Encumbrance on the City Parcel Sites/Improvements
Upon Lessor's written consent, which consent can not be unreasonably withheld, Lessor
hereby acknowledges that Lessee can and may encumber the Sites, the Improvements or Lessee's
leasehold interest pursuant to this Lease during the term of this Lease.
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ARTICLE 4. DEVELOPMENT OF THE SITES
9401 Scope and Schedule of Development
Lessee shall construct the Improvements upon the Sites in accordance with (i) the
Governmental Approvals, and (ii) building plans, drawings and specifications approved by
Lessor. The Improvements shall be completed within six (6) months after the final Governmental
Approvals are obtained by Lessee. Failure to complete the Improvements within such time shall
be deemed a breach of trus Lease given no tbird party interference with the implementation of
this Lease via the judicial process or otherwise.
9 401.1. Lessor and Lessee acknowledge that the approval of tbe
engineering, or any construction related to tbisLease, is a ministerial act that must be approved
as long as the Lessee is in conformance with tbe Lynwood Municipal Code and tbe Uniform
Building Code and provided tbe Lessor has been paid all funds due under tbis Agreement. After
the Commencement date and in order to carry out said ministerial act, the Lessor shall approve in
writing, or provide a specific list of written corrections that detail the specific construction
changes required to approve, any and all engineering and construction related to the Sites and/or
Improvements that is in conformance with this Lease and witbin twenty (20) days after a written
request has been delivered by tbe Lessee. If the Lessor provides said list of written corrections to
Lessee, the Lessor shall approve in writing the corrected engineering within ten (10) days after it
is resubmitted to Lessor.
9 402 Cost of Construction
The cost of constructing the Improvements and all additional work required for tbeir
operations on tbe Sites in accordance with this Lease shall be borne solely by Lessee. Besides
the Rent and Development Fee listed above in Article 3, the Lessor will not waive any fees and
the Lessee will have to pay any other fees presently in effect and such other fees as may apply in
the future and which are not an equivalent to an additional Rent and/or Development Fee.
9 403 No Construction Before Notice on the City Parcel Sites
Regarding the initial construction only, no work of any kind shall be commenced on tbe
City Parcel Sites and no building or other materials shall be delivered to tbe City Parcel Sites for
construction of any improvements, nor shall any other building or land development work be
commenced on or building materials be delivered to tbe City Parcel Sites, until at least two (2)
days following notice by Lessee to Lessor of the intended commencement of such work or the
delivery of such materials. Following the Termination Date, no new construction work of any
kind shall be commenced on tbe City Parcel Sites and no building or other materials shall be
delivered to the City Parcel Sites for construction of any new improvements or reconstruction of
any existing improvements nor shall any other building or land development work be
commenced on or building materials be delivered to the City Parcel Sites.
9404 Notice of Non-Responsibility on the Citv Parcel Sites
II
Lessor shall, at any and all times during the term of this Lease, have the right to post and
maintain on the City Parcel Sites and to record as required by law any notice or notices of non-
responsibility provided for by the mechanics' lien laws of the State of California.
S 405 Mechanic, Materialman, Contractor or Subcontractor's Liens on the City Parcel
Sites
Subject to the right to contest as hereinafter provided, Lessee shall keep the City Parcel
Sites, including all buildings and improvements now or hereafter located on these Sites, free and
clear of all liens and claims of liens for labor, services, materials, supplies, or equipment
performed on or furnished to these Sites or Improvements. Lessee shall promptly (i) pay and
discharge, or cause these Sites to be released from, any such lien or claim of lien, or (ii) contest
such lien and furnish Lessor such bond as maybe required by law to free these Sites from the
effect of such lien and to secure Lessor against payment of such lien and against any and all loss
or damage whatsoever in any way arising from Lessee's failure to payor discharge such lien. In
the event Lessee provides a bond in lieu of paying or discharging a lien as set forth herein, and
Lessor is unable despite reasonably diligent effort to obtain an endorsement to any existing title
policy in favor of Lessor insuring Lessor's interest in the Sites free and clear of any such liens
that have not been paid or discharged, Lessee shall, at their sole cost and expense, within thirty
(30) days of Lessor's written request therefore, provide Lessor with such endorsement.
If Lessee fails to pay and discharge, or cause these City Parcel Sites to be released from,
any such lien or claim of lien or to provide a bond as permitted hereunder within thirty (30) days
after service on Lessee by Lessor of a written request to do so, then Lessor may pay, adjust,
compromise and discharge any such lien or claim of lien on such terms and in such marmer as
Lessor may reasonably deem appropriate. In such event, Lessee shall, on or before the first day of
the next calendar month following any such payment by Lessor, reimburse Lessor for the full
amount so paid by Lessor including any actual and reasonable attorneys' fees or other costs
expended by Lessor, together with interest thereon at the annual rate of interest equal to three
percent (3%) over the prime rate of the largest bank operating in the State of California as of the
close of business on the date of payment by Lessor, or the highest lawful rate, whichever is less,
from the date of payment by Lessor to the date of Lessee's reimbursement of Lessor,
Upon substantial completion of any work of improvement on the City Parcel Sites during
the term of this Lease, Lessee shall record or cause to be recorded in the Official Records of Los
Angeles County a notice of completion. Lessee hereby appoints Lessor as its attorney-in-fact to
record the notice of completion, which appointment shall only become effective upon Lessee's
failure to record such a notice of completion within ten (10) days after the work of improvement
has been substantially completed; provided, that Lessor shall not be obligated to record such a
notice of completion and the failure of Lessor to record said notice shall not excuse the failure of
Lessee to discharge its obligation to record said notice of completion.
S 406 Lessor's Right of Access During Construction
At any time that construction relating to the Improvements is being undertaken by a
Lessee, Lessor's City' Manager or his designee( s) shall have the reasonable right of access to all
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areas of the Sites and all license areas, without charges or fees, during normal construction hours
for the purposes of this Lease, including, but not limited to, the inspection of the work being
performed in constructing the Improvements. Lessor shall provide reasonable prior notice to the
Lessee prior to entering upon the Sites and shall seek to minimize interference with such Lessee's
use of the Sites as much as is reasonably feasible. Such entry shall be in compliance with all
applicable safety rules and regulations. Lessor shall indemnify, defend, and hold harmless such
Lessee from and against any claim, liability, losses and damages caused by Lessor during any
such inspections, and shall be responsible for the prompt repair and/or restoration of any such
damage caused by Lessor during any such inspection. The provisions of this Section 406 shall
not be deemed to waive, modify, or affect in any manner any right of access and/or inspection
which Lessor has under any other provision of law, including but not limited to its rights as the
issuer of any building permit for the Improvements.
S 407 Local, State and Federal Laws
Lessee shall carry out the construction, operation and maintenance of the Improvements
in conformity with all applicable laws, including all applicable federal and state labor standards
and requirements.
ARTICLE 5 USE OF THE SITES AND IMPROVEMENTS
S SOl Use of the Sites and Improvements
Lessee covenants and agrees for itself, its successors, its assigns and every successor in
interest to the Sites and Improvements or any portion thereof, that during construction and
thereafter through the remainder of the term of this Lease, such Lessee, such successors and such
assignees shall develop, use, and maintain the Improvements in accordance with this Lease.
At no time during the term of this Lease shall Lessee use or permit the use of the Sites
and Improvements for the purpose of promoting, advertising or endorsing the following products
or services: (i) alcohol, (ii) tobacco, and (iii) adult businesses or any sexually oriented or sexually
suggestive materials. To the extent that any use of the Sites and Improvements is made that is
violative or this limitation, Lessee shall be solely responsible for the removal of the violative
material and Lessor shall bear no responsibility or obligation for the use of its discretion in
requesting that materials be removed it believes not to be in conformance with this provision. As
used herein "adult business" shall mean any establishment that is characterized by an emphasis
on the display of the male or female anatomy or which feature nude or semi-nude persons.
S 502 Maintenance Obligations
502.1 Lessee shall maintain, repair and operate the Improvements on the Sites, or
cause the Improvements to be maintained, repaired and operated, in a first class condition, free of
debris, waste and graffiti, and in compliance with the terms of Lessor's Municipal Code, and the
following:
a. All Improvements on the Sites shall be maintained in good condition in
accordance with the custom and practice generally applicable to high quality billboards and
message boards, and in conformance and compliance with all plans, drawings and related
documents approved by Lessor pursuant to this Lease, and with all conditions of approval,
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including cleaning, repamtmg, or resurfacing, as appropriate, of all exterior surfaces of the
Improvements, preventative maintenance, and repair or replacement of any items on the sign
structure which are not in excellent working order and condition.
b. The Sites and the Improvements shall be kept clean and clear of refuse and
obstructions, and all garbage, trash and rubbish shall be lawfully disposed of.
c. Lessee's maintenance and operation obligation for the Improvements shall
include providing or paying for all necessary utilities such as electricity and communications
services and any security device(s) or service(s) required to assure the Improvements are not
subject to vandalism.
d. Lessee shall make necessary and appropriate capital improvements to
preserve the Improvements, including, but not limited to, from time to time making such
improvements and replacements which take into account state of the art, technological and other
changes in the maintenance and operation of high quality advertising sign operations.
e. Lessee shall have full responsibility for the operation and maintenance
(including repair, restoration and reconstruction) of all of the Improvements and the costs
thereof, and the Lessor shall have no liability for costs of such operation and maintenance or for
any claims arising from the operation and maintenance (including repair, restoration and
reconstruction) of such improvements.
S 503 Management of the Sites and Improvements
At all times the Sites and Improvements shall be managed or caused to be managed by
Lessee in a prudent and business-like manner as necessary to maintain the Sites and
Improvements in a first-class condition. Lessee shall provide, or cause to be provided, personnel
and services necessary to enable operation of the Improvements. All services shall be provided in
consideration for the granting of this Lease and no amount shall be payable by Lessor for such
services.
S 504 Ouiet Eniovrnent
Lessor hereto covenants and agrees that Lessee, by keeping and performing the covenants
herein contained, shall at all times during the Lease Term of the City Parcel Sites and during the
Lease Term and thereafter for the Private Parcel Sites, peaceably and quietly have, hold and
enjoy the Sites and Improvements.
S 505 Hazardous Substance
S 505.1. "Hazardous Substance" as used in this Lease means any substance,
material or waste which is or becomes regulated by the United States govermnent, the State of
California, or any local or other govermnental authority, including, without limitation, any
material, substance or waste which is (i) defined as a "hazardous waste," "acutely hazardous
waste," "restricted hazardous waste", or "extremely hazardous waste" under Sections 25115,
25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code;
(ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety
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Code; (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under
Section 25501 of the California Health and Safety Code; (iv) defined as a "hazardous substance"
under Section 25281 of the California Health and Safety Code; (v) petroleum; (vi) asbestos; (vii)
a polychlorinated biphenyl; (viii) listed under Article 9 or defined as "hazardous" or "extremely
hazardous" pursuant to Article II of Title 22 of the California Code of Regulations, Chapter 20;
(ix) designated as a 'hazardous substance" pursuant to Section 311 of the Clean Water Act (33
U.S.c. Section 1317); (x) defined as a 'hazardous waste" pursuant to Section 1004 of the
Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (xi) defined as a "hazardous
substance" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. Section 9601); or (xii) any other substance, whether
in the form of a solid, liquid, gas or any other form whatsoever, which by any governmental
requirements either requires special handling in its use, transportation, generation, collection,
storage, treatment or disposal, or is defined as "hazardous" or is harmful to the environment or
capable of posing a risk of injury to public health and safety.
S 505.2. The development, construction and uses of the Sites permitted
under this Lease do not require the presence of any Hazardous Substance on the Sites, except for
those customarily used in the ordinary course of business for such development, construction and
use of the Improvements.
S 505.3. Lessee shall not bring or allow to be brought onto the City Parcels
Sites or use or store on the City Parcel Sites any Hazardous Substances without the prior express
written consent of Lessor, except for those Hazardous Substances (including without limitation
fuel stored in motor vehicles) customarily used in the ordinary course of business in the use and
operation of the Sites for the Improvements.
S 505.4. The following covenants pertain to Lessee's occupancy and use of
the City Parcel Sites and Improvements except for those Hazardous Substances customarily used
in the ordinary course of business:
a. No underground storage tanks for Hazardous Substances shall be installed
without the prior written approval of Lessor.
b. Lessor, or its officers, employees, contractors or agents, shall at all times
have the right to go upon and inspect the City Parcel Sites and Improvements and the operations
conducted thereon to assure compliance with the requirements herein stated. Lessor shall provide
reasonable prior notice to Lessee of such entry, and shall seek to minimize interference with
Lessee's use of these Sites and Improvements as much as is reasonably feasible. Such entry shall
be in compliance with all applicable safety rules and regulations. This inspection way include
taking samples for testing of substances and materials present and/or testing soils on these Sites
and Improvements. Lessor shall indemnify, defend, and hold harmless Lessee from and against
any claims, liabilities, losses, and damage caused by Lessor during any such inspections, and
shall be responsible for the prompt repair and/or restoration of any such damage caused by
Lessor during any such inspection.
c. Lessee shall be responsible for posting on the Sites and Improvements any
signs required by Section 25249.6 of the California Health and Safety Code and regulations
promulgated pursuant thereto. Lessee shall also complete and file any business response plans or
inventories required by chapter 6.95 of the California Health and Safety Code and regulations
15
promulgated pursuant thereto or any successor thereto. Lessee shall concurrently file a copy of
any such business response plan or inventory with Lessor.
d. Lessee shall immediately notify Lessor in writing of the release of it or any
of its officers, agents, contractors or employees of any Hazardous Substance on the City Parcels
Sites and Improvements in violation of applicable law.
e. Lessee shall, to the extent required by applicable law, immediately remove
any Hazardous Substances located on the City Parcel Sites or Improvements caused by Lessee
and/or its officers, agents, contractors or employees and shall immediately dispose of such
Hazardous Substances in a safe and legal manner. Lessee shall immediately disclose to Lessor its
disposal of any Hazardous Substance which was released upon the City Parcel Sites and/or
Improvements by Lessee and/or its officers, agents, contractors or employees, and upon Lessor's
written request, shall provide written documentation of its safe and legal disposal.
!i 505.5. Lessee shall be responsible for and bear the entire cost of removal
and disposal of Hazardous Substances released upon or brought upon the City Parcel Sites by
Lessee and/or its officers, agents, contractors or employees during the Lease Term, including, but
not limited to, such substances identified after the expiration of the Lease Term, Lessee shall also
reimburse Lessor for any and all clean-up costs incurred by Lessor as a result of that Lessee's
activities anywhere on the City Parcel Sites. Removal and disposal of Hazardous Substances
shall be deemed to include removal and disposal, in accordance with all applicable laws, of any
equipment or improvement to these Sites contaminated by Hazardous Substances. The foregoing
responsibilities shall not apply to any costs that may be created solely by the omission or
negligence of Lessor or its officers, agents or employees or any other person other than Lessee.
!i 505.6 Lessee hereby agrees to indemnify, defend and hold harmless
Lessor and its respective members, officers, agents, employees, contractors and consultants from
any claims, actions, suits, legal and administrative proceedings, liability, injury, deficiency,
damages, fines, penalties, punitive damages, costs and expenses (including, without limitation,
the cost of any cleanup, remediation, removal, mitigation, monitoring or testing of Hazardous
Substances, and reasonable attorneys' fees resulting from, arising out of, or based upon (i) the
presence, release, use, generation, discharge, storage or disposal of any Hazardous Substances by
Lessee and/or its officers, agents, contractors or employees on, under, in or about, or the
transportation of any Hazardous Substances to or from the City Parcel Sites during the Lease
Term; or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation,
permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or
transportation or Hazardous Substances by Lessee and/or its officers, agents, contractors or
employees on, under, in or about, to or from the City Parcel Sites during the Lease Term.
ARTICLE 6. TAXES, ASSESSMENTS AND OTHER CHARGES
!i 601 Payment Generally
Lessee agrees to payor cause to be paid, as and when they become due and payable, and
before any fine, penalty, interest or cost may be added thereto, or become due or be imposed by
16
operation of law for the nonpayment thereof, all taxes, assessments, franchises, excises, license
and permit fees, and other governmental levies and charges, general and special, ordinary and
extraordinary, unforeseen and foreseen of any kind and nature whatsoever which at any time
during the Lease Term may be assessed, levied, confirmed, imposed upon, or grow or become
due and payable out of or in respect of, or become a lien on: (i) the City Parcel Sites and
Improvements or any part thereof or any appurtenance thereto; or (ii) this transaction or any
document to which a Lessee is a party, creating or transferring an interest or estate in the Sites
and Improvements. All such taxes, franchises, excises, license and permit fees, and other
governmental levies and charges shall hereinafter be referred to as "Impositions", and any of the
same shall hereinafter be referred to as an "Imposition." As to the City Parcel Sites, any
Imposition relating to a fiscal period of the taxing authority, a part of which period is included
within the term of this Lease and a part of which is included in a period of time after the
expiration of this Lease, shall (whether or not such Imposition shall be assessed, levied,
confirmed, imposed upon, become a lien upon the City Parcel Sites and Improvements, or shall
become payable, during the term of this Lease) be adjusted between Lessor and the Lessee as of
the expiration of the Lease so that Lessee shall pay that portion of such Imposition which that
part of such fiscal period included in the period of time before the expiration of such term of this
Lease bears to such fiscal period, and Lessor shall pay the remainder thereof; provided, however,
that Lessee shall not be entitled to receive any apportionment if Lessee shall be in default in the
performance of any of the covenants and agreements as provided in this Lease.
The failure of Lessee to pay an Imposition that cannot under any circumstances give rise
to a lien against the City Parcel Sites and Improvements shall not be a breach of the first
paragraph of this Section 601. Lessee hereby agrees to defend, indemnify and hold harmless
Lessor and its respective officers, employees and consultants from and against all claims,
liability, loss, damage, costs, or expenses (including reasonable attorneys' fees and court costs)
arising from or as a result of Lessee's failure to pay any Imposition.
Lessee shall be responsible for complying with the provisions of this Section 601 during
the Lease Term.
S 602 Payment ofImDosition in Installments
If, by law, any Imposition may at the option of Lessee be paid in installments (whether or
not interest shall accrue on the unpaid balance of such Imposition), Lessee may exercise the
option to pay the same (and any accrued interest on the unpaid balance of such Imposition) in
installments and, in such event, shall pay such installments as may become due and before any
fine, penalty, further interest or cost may be added thereto; provided, however, that the amount of
all installments of any such Imposition which will be the responsibility of Lessee pursuant to
Section 601 above, and which are to become due and payable after the expiration of this Lease
shall be deposited with Lessor for such payment on the date which shall be one (J) year
immediately prior to the date of such expiration.
S 603 Lessor Right to Cure
If Lessee, in violation of the provisions of this Lease, shall fail to pay and to discharge
any Imposition, Lessor may (but shall not be obligated to) payor discharge it, and the amount
17
paid by Lessor and the amount of all costs, expenses; interest and penalties connected therewith,
including attorneys' fees, together with interest at the rate of three percent (3%) over the prime
rate of the largest bank operating in the State of California on the date payment is made by
Lessor, shall be deemed to be and shall be payable by Lessee as additional rent and shall be
reimbursed to Lessor by Lessee on demand, provided that Lessee shall have failed to pay such
Imposition within ten (10) business days after written notice from Lessor to Lessee of Lessor's
intention to pay.
S 604 Tax Receipts
Lessee shall furnish to Lessor, within forty-five (45) days after the date when any real
property taxes, assessments or any other Imposition which could have any affect on Lessor's title
to the City Parcel Sites would become delinquent, official receipts of the appropriate taxing
authority or other evidence satisfactory to Lessor evidencing payment thereof
S 605 Alternative Tax Liability
It is agreed that in the event the State of California or any taxing authority thereunder
changes or modifies the system of taxing real estate so as to tax the rental income from real estate
in lieu of or in substitution (in whole or in part) for real estate taxes and so as to impose a
liability upon Lessor for the amount of such tax on the City Parcel Sites, Lessee shall be liable
under this Lease for the payment of the taxes so imposed to the same extent as though the
alternative tax was a tax upon the value of the City Parcel Sites and Improvements.
S 606 Contests
The following requirements shall apply to any appeal, objection or contest to any tax or
assessment permitted to be made by Lessee under this Lease: the contest, opposition, or objection
must be filed before the tax, assessment, or other charge at which it is directed becomes
delinquent and written notice of the contest, opposition, or objection must be given to Lessor
before the date the tax, assessment, or other charge becomes delinquent. No such contest,
opposition, or objection shall be continued or maintained after the date the tax, assessment, or
other charge at which it is directed becomes delinquent unless Lessee has met one of the
following conditions: (i) paid such tax, assessment, or other charge under protest prior to its
becoming delinquent; or (ii) obtained and maintained a stay of all proceedings for enforcement
and collection of the tax, assessment, or other charge by posting such bond or other matter
required by law for such a stay; or (iii) delivered to Lessor a good and sufficient undertaking in a
form reasonably acceptable to Lessor in an amount equal to one hundred twenty-five percent
(125%) of the amount in controversy (inclusive of fines, interests, penalties, costs, and other
expenses that may have accrued or been imposed thereon) and issued by a surety company
authorized to issue undertakings in California, conditioned on the payment by Lessee of the tax,
assessment, or charge together with any fines, interest, penalties, costs, and expenses that may
have accrued or been imposed thereon within thirty (30) days after final determination of Lessee's
contest, opposition, or objection to such tax, assessment, or other charge. Lessor shall not be
required to join in any proceedings or contest brought by Lessee unless the provisions of any law
requires the proceeding or contest be brought by or in the name of Lessor or any succesor in
18
interest tof the City Parcel Sites. In that case, Lessor shall join in the proceeding or contest or
permit it to be brought in Lessor's name but such action shall be without cost or other liability to
Lessor and Lessee agrees to pay to Lessor all costs incurred by Lessor in connection therewith.
9 607 Notice of Possessorv Interest
In accordance with California Revenue and Taxation Code Section 107.6(a), Lessor states
that by entering into this Lease, a possessory interest subject to property taxes may be created.
Lessee or other parties in whom the possessory interest is vested shall be subject to the payment
of property taxes levied on such interest if created.
Lessee acknowledges and agrees that the City Parcel Sites and/or the Improvements
thereon, and any possessory interest therein, may at all times after the Commencement Date be
subject to ad valorem taxes levied, assessed or imposed on such property, and Lessee further
agrees that it will pay, subject to the exercise of any appeal or contest rights, as and when due all
such amounts.
9 608 Other Liens
Lessee shall not directly or indirectly, create or permit to be created or to remain, and will
promptly discharge, at its expense, any mortgage, lien, encumbrance, or charge on or pledge of
the City Parcel Sites or the Improvements, or fixtures and furnishings, or any part thereof, or on
Lessee's interest therein, or the rent, additional rent or other sums payable by that Lessee under
this Lease. Lessee shall notifY Lessor promptly of any lien or encumbrance which has been
created on or attached to the City Parcel Sites and Improvements, or to Lessee's leasehold estate
therein, whether by act of such Lessee or otherwise, during the Lease Term. The existence of any
mechanic's, laborer's, materialman's, supplier's or vendor's lien, or any right in respect thereof
shall not constitute a violation of this Section if payment is not yet due upon the contract or for
the goods or services in respect of which any such lien has arisen, or if such lien has been
discharged by the posting of bonds or other lien-release security as is provided for such discharge
bylaw.
ARTICLE 7 OWNERSHIP OF AND RESPONSIBILITY FOR IMPROVPMENTS
9701 Ownership During Term and at Termination
All Improvements on the Sites, whether or not constructed or installed by Lessee as
permitted or required by this Lease, shall be and remain the property of Lessee and be trade
fixtures. Lessee's rights and powers with respect to the Improvements are subject to the terms and
limitations of this Lease.
~ 702 Removal ofImprovements at Termination
Upon any termination or expiration of this Lease, Lessee shall have the right, or upon the
thirty (30) day written demand of the Lessor, the obligation to demolish and completely remove
all Improvements from the City Parcel Sites, at its sole cost and expense, and shall return the
surface of the land which comprises the Sites to the same condition as it was in on the
Commencement Date. All such work shall be completed within three (3) months after the
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termination or expiration of the Lease. Should the Lessee fail to complete such demolition and
removal to the satisfaction of Lessor within the time provided, Lessor may, at its option,
undertake any work necessary and Lessee shall reimburse Lessor for all costs incurred by Lessor
in such work.
S 703 Maintenance of Sites and Adiacent Areas
S 703.1 The responsibilities of each Lessee for maintenance of the Sites,
the Improvements, and the City Parcels are set forth in Section 502 above. Lessor reserves and
shall have the right at all reasonable times to enter the Sites and the Improvements for the
purpose of viewing and ascertaining the condition of the same, or to protect its interests in the
City Parcel Sites and the Improvements or to inspect the operations conducted thereon, subject to
the limitations and requirements for Lessor rights of access set forth in Section 406 of this Lease.
In the event that Lessor determines that the Sites or the Improvements are not in a decent, safe,
and sanitary condition, are damaged, or in disrepair, or are otherwise not maintained in the
condition required by this Lease, Lessor shall have the right, after thirty (30) days written notice
to the Lessee with maintenance responsibility and such Lessee's failure to cure the problem
within said thirty-day period, to have any work Lessor deems necessary performed for and at the
expense of such Lessee. Notwithstanding the foregoing, if Lessor gives written notice to the
Lessee with maintenance responsibility that the deficiency is an urgent matter relating to public
health and safety, Lessee shall cure the deficiency with all due diligence and shall complete the
cure at the earliest possible time but in no event more than forty-eight (48) hours following the
submission of the notice, and upon failure of Lessee to perform the required work within such
time, Lessor shall have the right to perform such work for and at the expense of such Lessee,
Lessee hereby agrees to pay promptly any and all costs incurred by Lessor in having such work
done.
S 703.2 Except as set forth in Section 502.3, Lessor shall be solely responsible
for routine maintenance of all turf or other landscaping on the surface of the ground in the City
Parcels, Lessor shall be solely responsible for keeping the City Parcels clean and clear of refuse
and obstructions, and all garbage, trash and rubbish. Lessor shall maintain any and all trees on
the City Parcels affecting the visibility of the Improvements in such a manner as to assure that the
Improvements remain visible to Interstate 105. All such maintenance shall be performed in
accord with standard landscaping industry practices to assure to the greatest extent the health of
any such trees. The provisions of this Section shall not be deemed to modifY or affect the
obligation of Lessee to repair any damage to such landscaping on the City Parcel Sites for which
it is responsible under this Lease.
In the event that Lessee reasonably determines that the City Parcels
are not in a decent, safe, and sanitary condition, are damaged, or. in disrepair, or are otherwise not
maintained in the condition required by this Lease, or that the trees for which Lessor is
responsible have not been maintained as required by this Lease, Lessee shall have the right, after
thirty (30) days written notice to Lessor and Lessor's failure to cure the problem within said
thirty-day period, to have any work Lessee deems necessary performed for and at the expense of
Lessor. Notwithstanding the foregoing, if Lessee gives written notice to Lessor that the
deficiency is an urgent matter relating to public health and safety, Lessor shall cure the deficiency
with all due diligence and shall complete the cure at the earliest possible time, but in no event
more than forty-eight (48) hours following the submission of the notice, and upon failure of
Lessor to perform the required work within such time, Lessee shall have the right to perform
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such work for and at the expense of Lessor. Lessor hereby agrees to pay promptly any and all
costs incurred by Lessee in having such work done.
S 704 Waste
Lessee shall not commit or suffer to be committed any waste or impairment of the City
Parcel Sites or the Improvements, or any part thereof.
S 705 Alteration ofImprovements
Lessee shall not make or permit to be made any alteration of, addition to or change in the
Improvements without the prior written consent of Lessor other than (i) alterations, additions or
changes to any sign face(s) as necessary to implement a change in advertising copy; (ii) routine
maintenance or repair; or (iii) alterations, additions or changes not open to public view which
cost in the aggregate less than an amount equal to Ten Thousand Dollars ($10,000.00), which
amount shall be escalated from the date of this Lease in accordance with the CPI. Lessee shall
not demolish all or any part of the Improvements except such demolition as necessary to
implement a change in advertising copy, without the prior written consent of Lessor. In
requesting consent for work subject to this Section 705, Lessee shall submit to Lessor detailed
plans and specifications of the proposed work and an explanation of the need and reasons
thereof.
Notwithstanding the prohibition in this Section 705, Lessee may make such changes,
repairs, alterations, improvements, renewals or replacements to the Improvements as are required
by reason of any law, ordinance, regulation or order of a competent government authority.
S 706 Damage to or Destruction ofImprovements
S 706.1 In case of any damage to or destruction of the Improvements, or
any part thereof, Lessee shall within ten (l0) days after they become aware of such damage or
destruction, give written notice thereof to Lessor generally describing the nature and extent of
such damage or destruction.
S 706.2 Except as set forth in Section 708 below, in case of any damage to
or destruction of the Improvements, or any part thereof, Lessee shall commence the restoration,
replacement or rebuilding of the Improvements with such alterations and additions as may be
approved by Lessor (such restoration, replacement, rebuilding alterations and additions, together
with any temporary repairs and property protection pending completion of the work being herein
called "Restoration") within thirty (30) days of such damage or destruction, plus any additional
period reasonably required to obtain any Net Insurance Proceeds to be used to pay all or a portion
of the cost of such Restoration, and shall complete such Restoration within a reasonable period of
time thereafter.
As used herein, the term "Net Insurance Proceeds" means the gross insurance
proceeds paid by an insurer to Lessee for loss or damage to the Improvements on the Sites, less
any and all costs and expenses (including, but not limited to reasonable attorneys' fees) incurred
to recover said proceeds. Lessee agrees to promptly commence and prosecute to completion the
settlement of insurance proceeds with respect to any event of damage or destruction of the
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Improvements.
S 706.3 Lessee agrees, notwithstanding any other provision of this Lease,
that upon any event of damage or destruction to the Improvements during the Lease Term, it
shall, at its sole cost and expense, immediately take or cause to be taken such actions and
undertake and complete such work as is necessary to assure the safe condition of the damaged
Improvements pending the ultimate disposition of the Improvements.
~ 707 Application ofInsurance Proceeds
707.1 Insurance proceeds carried under Article 10 below which are received on
account of any damage to or destruction of the Sites or the Improvements or any portion thereof
during the Lease Term (less the costs, fees and expenses incurred in the collection thereof,
including without limitation attorneys' fees and expenses) shall be applied as follows:
.a. Within a reasonable time and in any event within one hundred eighty (I 80)
days after the damage to or destruction of the Improvements, Lessee shall furnish, or cause to
be furnished to Lessor evidence satisfactory to Lessor (i) of the total cost of Restoration of the
damaged or destroyed Improvements and (ii) that the total amount of money available will, when
added to the insurance proceeds received and available to pay for the Restoration pursuant to the
terms of this Section 707, be sufficient to pay the cost of such Restoration.
b. Net Insurance Proceeds received on account of any damage to or
destruction of the Improvements, or any part thereof, shall be paid to Lessee or as Lessee may
direct from time to time as Restoration progresses, solely to pay (or reimburse Lessee for) the
cost of Restoration. Upon receipt by Lessor of evidence that Restoration has been completed, the
cost thereof has been paid in full or has been adequately provided for, and with respect to the
City Parcel Sites, that there are no mechanic's or similar liens for labor or materials supplied in
connection therewith which have not been adequately provided for, the balance, if any, of such
proceeds shall be paid to or retained by Lessee.
S 708 Waiver of Restoration Obligation
Not Applicable
S 709 Faithful Performance and Labor and Material (Payment) Bonds: Indemnification;
Nonresponsibilitv Notices
S 709.1. Lessee agrees to hold harmless and indemnity Lessor and each of
its officers, employees and agents against all claims, liabilities, costs, and expenses for labor and
materials in connection with all construction, repairs or alterations on the Sites and
Improvements occurring during the Lease Term, and the cost of defending against such c1ainis,
including reasonable attorneys' fees.
S 709.2. At the Request of Lessor, Lessee agrees to procure, or cause the
procurement of contractor's bonds covering labor, materials and faithful performance for
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construction on the Sites and the Improvements in accordance with the following requirements:
a. Such bonds shall be in an amount equal to one hundred percent (100%) of
the total sum of the construction price in the contract entered into by the Lessee and its general
contractor, or, ifthe Lessee is acting as general contractor, in an amount equal to one hundred
twenty-five percent (125%) of the total sum of the construction prices to be paid to each sub-
contractor.
b. Lessee shall, prior to commencement of construction, deliver to Lessor a
certificate or certificates from the bonding company or Companies issuing the aforesaid bonds
naming Lessor as additional co-obligee under said bonds.
S 709.3. Lessor shall have the right to post and maintain on the Sites and the
Improvements any notices of nonresponsibility provided for under applicable law,
ARTICLE 8 ASSIGNMENT, SUBLETTING, TRANSFER
S 80 I Prohibition Against Transfer
S 801.1 Lessee hereby represents and warrants that this Lease and its other
undertakings pursuant hereto are and will be used for the purpose of Lessee constructing,
maintaining and operating the Improvements.
S 801.2 Lessee shall not, except as permitted by this Lease, make any
Transfer, as hereinafter defined, to any person or entity (a "Transferee") without the prior written
consent of Lessor, which consent shall not be unreasonably withheld. Lessor hereby represents
and warrants that it shall approve a Transfer to any Transferee with a net worth (assets minus
liabilities) of One Million Dollars ($1 ,000,000.00) or more. Any purported Transfer not
permitted by this Articles shall be ipso facto null and void, and no voluntary or involuntary
successor to any interest of Lessee under such a Transfer shall acquire any rights pursuant to this
Lease. These restrictions shall be binding on any successors, heirs or permitted Transferees of
any Lessee. 'Transfer", as used herein, shall mean any assignment or attempt to assign this
Lease or any right herein, any total or partial transfer, sale, assignment, lease, sublease, license,
franchise, gift, hypothecation, mortgage, pledge, encumbrance, or the like.
S 801.3. No voluntary or involuntary successor in interest of Lessee shall
acquire any rights or powers under this Lease except as expressly permitted under this Lease.
This Lease may not be assigned, nor may a transfer of interest take place without the express,
prior written consent of Lessor.
S 801.4. During the existence of this Lease, Lessee shall promptly notifY
Lessor of any and all changes whatsoever in the identity of the parties in control of such Lessee,
or a change in the degree thereof, of which it or any of its officers have been notified or
otherwise have knowledge or information.
S 801.5. In the absence of specific express written provision to the contrary
by Lessor, a Transfer ofthe Sites and Improvements, or portion thereof, as approved by Lessor,
shall not be deemed to relieve the transferring Lessee or any other party from any obligations
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under this Lease arising on or after the effective date of the Transfer.
S 801.6. No provision hereof authorizing a Transfer of Lessee's interest
herein shall be construed to authorize an encumbrance of Lessor's fee title to the City Parcel Sites
or Lessor's interest under this Lease, and no Lessee shall by any act or deed cloud Lessor's fee
title to the City Parcel Sites or Lessor's interest under this Lease.
S 802 Exception to Prohibition Against Transfer
The prohibition against Transfer established by this Article 8 shall not be deemed to
prevent (i) the renting or subleasing or licensing of space for advertisements or displays
consistent with the customary uses and practices for billboards and message boards or (ii) the
assignment of this Lease to any affiliate of Lessee or joint venture in which Lessee participates
provided that Lessee submits evidence satisfactory to Lessor that the principals who own and
control Lessee will maintain a majority controlling interest after consummation of such
transaction and will have the ability to maintain a majority controlling interest throughout the
Lease term.
S 803 Investigation of Proposed Transferee
S 803.1. In the event that a Lessee requests Lessor's written consent to a
proposed Transfer of its interest in this Lease pursuant to this Article 8, such Lessee agrees to
provide Lessor with such information, including financial statements, as Lessor may reasonably
require in order to evaluate the solvency, financial responsibility and relevant business acumen
and experience of any proposed Transferee, Such information shall include, without limitation, a
balance sheet of the proposed Transferee as of a date within ninety (90) days of the request for
Lessor's consent, statements of income or profit and loss of the proposed subtenant or assignee
for the two-year period preceding the request for Lessor's consent, if the same be available (or
such other similar information as shall be available at the time the request for approval of the
Transfer is made), and a written statement in reasonable detail as to the business and experience
of the proposed Transferee during the five (5) years preceding the request for Lessor's consent.
S 803.2. Within fifteen (15) days after the receipt of a Lessee's written
notice requesting Lessor approval of a Transfer, Lessor shall respond in writing by stating what
further information, if any, Lessor reasonably requires in order to determine whether or not to
approve the requested Transfer. Upon receipt of such a timely response, such Lessee shall
promptly furnish to Lessor such further information as may be reasonably requested.
S 803.3. Lessor shall approve or disapprove any requested Transfer for
financing purposes within fifteen (15) days after Lessee's request therefore is accepted as
complete, and Lessor shall approve or disapprove any other type of requested Transfer requiring
Lessor approval within thirty (30) days after Lessee's request therefore is accepted as complete. A
failure by Lessor to act within such time shall be deemed disapproval of the request.
S 804 Effective Date of Transfer
If Lessor consents to any Transfer pursuant to this Article 8, such consent shall not be
effective unless and until the Lessee requesting the Transfer gives Lessor notice of completion of
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the Transfer and a copy of any documents effecting and/or evidencing such Transfer, and unless
and until any such Transferee (other than a sublessee) assumes all of the obligations and
liabilities of such Lessee under this Lease.
S 805. Bankruptcy
It is acknowledged and agreed that this Lease is a lease of real property.within all
meaning of Subsection 365(b) (3) of the Bankruptcy Code, 11 U.S.C. Section 101 et seq. To the
extent not prohibited by provisions of the Bankruptcy Code, including Section 365(f)(1) thereof;
Lessee on behalf of itself and its Creditors, administrators and assigns waives the applicability of
Sections 541 (c) and 365( e) of the Bankruptcy Code of 1978 unless the proposed assignee of the
Trustee for the estate of the bankrupt meets Lessor's standards for consent. Lessor has entered
into this Lease with Lessee in order to obtain for the benefit of the Sites the unique types of
facilities, businesses, services and goods which Lessee can bring to the Sites; the foregoing
prohibition on Transfer or subletting is expressly agreed to by Lessee in consideration of such
fact. Any person or entity to which this Lease is assigned pursuant to the provisions of the
Bankruptcy Code shall be deemed without further act to have assumed all of the obligations
arising under this Lease on and after the date of such Transfer. Any such assignee shall upon
demand execute and deliver to Lessor an instrument confirming such assumption.
S 806. Lessor's Costs
Lessee agrees to reimburse Lessor for Lessor's reasonable costs and attorneys' fees
incurred in connection with the processing and documentation of any Transfer or change of
ownership of this Lease or Lessee's interest in and at the Sites requested by such Lessee, which
required Lessor's approval hereunder.
S 807 No Waiver
The acceptance by Lessor of any payment due hereunder from any person other than a
Lessee shall not be deemed to be a waiver by Lessor of any provision of this Lease or to be a
consent to any Transfer or subletting. Consent by Lessor to one or more Transfers of this Lease
or to one or more sublets of the Sites shall not operate as a waiver or estoppel to the future
enforcement by Lessor of its rights pursuant to the provisions of this Lease.
ARTICLE 9 NO SUBORDINA nON OF LESSOR'S INTERESTS
Lessor's interest in the City Parcel Sites under this Lease is a vested landlord's
reversionary interest and not just a contractual obligation. Notwithstanding anything which is or
appears to be to the contrary in this Lease, no Lessee shall encumber Lessor's interest under this
Lease or Lessor's fee interest in these Sites by any mortgage, deed of trust, lien, security
instrument, or financing conveyance of uny kind whatsoever.
ARTICLE 10 INDEMNIFICATION AND INSURANCE
S 1001 Indemnification
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S 1001.1 Lessee agree to and shall defend, indemnify and hold harmless
Lessor and each of its officers, employees, agents, contractors and consultants from and against
all claims, liability, loss, damage, costs or expenses (including reasonable attorneys' fees and
court costs) arising from or as a result of the death of any person or any accident injury, loss or
damage whatsoever caused to any person or to the property of any person which shall occur on or
adjacent to the Sites during the Lease Term and which shall be directly or indirectly caused by or
based on the condition of the Sites or any portion thereof or any improvements thereon or
development, construction, use or operation of the Sites or any portion thereof or the
Improvements by Lessee or any activities of Lessee under this Lease, whether such condition,
action or inaction be by Lessee or by anyone directly or indirectly employed by or contracted
with Lessee and whether such damage or injury shall accrue or be discovered before or after the
termination or expiration of the Lease Term.
S 1001.2 Lessee shall not be responsible for (and such indemnity shall not
apply to) property damage or bodily injury caused by the willful misconduct or gross negligence
of Lessor or any of its designated officers, employees, agents, contractors or consultants.
S 1001.3 Lessee acknowledges that Regency has made a variety of claims as to
certain rights and entitlements that may conflict with the rights sought by Lessee on this
Agreement. As material consideration for Lessor to enter into this Agreement, Lessee agrees to
hold harmless and indemnify Lessor, its officers, employees, attorneys, agents, contractors and
consultants from and against any such claims that Regency may assert and pursue against Lessor,
its officers, employees, attorneys, agents, contractors and consultants.
S 1002 Required Insurance
During the Lease Term, Lessee at its sole cost and expense shall:
a. Maintain or cause to be maintained public liability insurance, to protect against
loss from liability imposed by law for damages on account of personal injury, including death
therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting
directly or indirectly from any act or activities of Lessee or under Lessee's control or direction,
and also to protect against loss from liability imposed by law for damages to any property of any
person caused directly or indirectly by or from the acts or activities in connection with the Sites
and Improvements of Lessee or its invitees and sublessees, or any person acting for Lessee, or
under its control or direction. Any such property damage and personal injury insurance
maintained by Lessee shall name Lessor and each of its respective officers, employees, agents
and consultants as additional insureds and shall also provide for and protect Lessor against
incurring any legal cost in defending claims for alleged loss. Such personal injury and Property
damage insurance shall be maintained in full force and effect during the entire term of this Lease
in an amount not less than One Million Dollars ($1,000,000) combined single limit as of the
Commencement Date, which minimum amount of coverage shall escalate on the fifth
anniversary of the Commencement Date and once every five years thereafter in proportion to the
escalation, if any, during such period in the CPr. Lessee agrees that the provisions of this Section
1002 shall not be construed as limiting in any way the extent to which such Lessee may be held
responsible for the payment of damages to persons or property resulting from such Lessee's
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actIVItIes, or activities of its invitees and sublessees or the activities of any other person or
persons for which Lessee is otherwise responsible.
b. Maintain or cause to be maintained worker's compensation insurance issued by a
responsible carrier authorized under the laws of the State of California to insure employers
against liability for compensation under the Worker's Compensation Insurance and Safety Act
now in force in California, or any act hereafter enacted as an amendment or supplement thereto
or in lieu thereof. Such worker's compensation insurance shall cover all persons employed by
Lessee in connection with the Sites and Improvements, and shall cover full liability for
compensation under any such act aforesaid, based upon death or bodily injury claims made by,
for or on behalf of any person incurring or suffering injury or death in connection with the Sites
and Improvements, or the operation thereof by Lessee.
S 1003 Definition of "Full Insurable Value"
Not Applicable.
S 1004 General Insurance Provisions
S 1004.1. All insurance provided under Section 1002 of this Lease shall be
insurance for the benefit of Lessor and Lessee providing such insurance.
S 1004.2. All insurance provided under Section 1002 shall be periodically
reviewed by the Parties for the purpose of mutually increasing or decreasing the minimum limits
of such insurance, from time to time, to amounts which may be reasonable and customary for
similar facilities oflike size and operation.
S 1004.3. The insurance to be provided by Lessee may provide for a
deductible or self-insured retention of not more than Five Thousand Dollars ($5,000.00), with
such amount to increase at such times as Lessor may require increases in the policy limits as set
forth above; provided, that the percentage increase in the deductible or self-insured retention
shall not exceed the percentage increase in the CPI since the last requested adjustment; and
provided, further, that Lessee may maintain such higher deductibles or self insured retention as
may be approved in writing by Lessor. In the event its insurance does provide for deductibles or
self-insured retention, Lessee agrees it will fully protect Lessor and each of Lessor's boards,
officers, agents, consultants and employees in the same manner as those interests would have
been protected had the policy or policies not contained the deductible or retention provisions.
S 1004.4. All insurance herein provided for under Section 1002 shall be
effected under policies issued by insurers of recognized responsibility licensed or permitted to do
business in the State of California, subject to the reasonable approval of Lessor's City Manager.
S 1004.5. Any insurance required to be maintained by Lessee pursuant to
Section 1002 may be taken out under a blanket insurance policy or policies covering other
premises or properties, and other insureds in addition to the parties hereto; provided, however,
that any such policy or policies of blanket insurance shall specifY therein, or supplemental written
27
certification from the insurers under such policies shall specifY, the amount of insurance
irrevocably allocated to the coverage to be provided under Section 1002 and provided further,
that in all other respects, any such blanket policy shall comply with the other provisions of
Section 1002.
9 1004.6. All policies or certificates of insurance shall provide that such
policies or certificates shall not be canceled or materially changed without at least thirty (30)
days prior written notice to Lessor.
9 1004.7. Copies of policies or certificates of insurance shall be deposited
with Lessor together with appropriate evidence of payment of the premiums thereof prior to the
Commencement Date.
9 1005 Failure to Maintain Insurance
If Lessee fails or refuses to procure or maintain insurance as required by this Lease,
Lessor shall have the right, and without notice, to procure and maintain such insurance, The
premiums paid by Lessor shall be payable to Lessor as additional rent due from Lessee, to be
paid on the first day of the month following the date on which the premiums were paid. Lessor
shall give prompt notice of the payment of such premiums, stating the amounts paid and the
name of the insured(s).
9 1006 Waiver of Claims
Not Applicable.
ARTICLE II EMINENT DOMAIN
This Lease and the provisions thereof shall not be deemed to constitute a waiver by
Lessor of its rights of eminent domain relating to the Sites and the Improvements.
ARTICLE 12 DEFAULTS, REMEDIES AND TERMINATION
9 120 I Defaults - General
91201.1. Subject to the extensions of time set forth in Section 1313 ofthis
Lease, failure or delay by a Party to perform any term or provision of this Lease constitutes a
default under this Lease, The Party who so fails or delays must immediately commence to cure,
correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with
reasonable diligence and, in any event, for monetary defaults within thirty (30) days of such
failure or delay, and for non-monetary defaults within the time reasonably required for cure with
reasonable diligence, not to exceed sixty (60) days plus any period or periods of enforced delay
required by Section 1313 of this Lease (the "Cure Period").
9 1201.2. The injured Party shall give written notice of default to the Party in
default, specifYing the default complained of by the injured Party, except as required to protect
28
against further damages, the injured Party may not institute proceedings against the Party in
default until the expiration of the applicable Cure Period. Failure or delay in giving such notice
shall not constitute a waiver of any default, nor shall it change the time of default.
S 1201.3. Except as otherwise expressly provided in this Lease, any failure or
delay by a Party in asserting any of its remedies or rights as to any default shall not operate as a
waiver of any default or of any such rights or remedies or deprive a Party of its right to institute
and maintain any actions or proceedings which it may deem necessary to protect, assert or
enforce any such rights or remedies.
S 1202 Legal Action
In addition to any other rights or remedies, a Party may institute legal action to cure,
correct, or remedy any default, to recover damages for any default, or to obtain any other remedy
consistent with the purpose of this Lease. Such legal action must be instituted in the Superior
Court of the County of Los Angeles, State of California, in any other appropriate court in that
County, or in the Federal District Court in the Central District of California.
S 1203 Attorneys' Fees and Court Costs
In the event that any Party shall bring or commence an action to enforce the terms and
conditions of this Lease or to obtain damages against another Party arising from any default
under or violation of this Lease, then the prevailing Party shall be entitled to an award of
attorneys' fees and court costs as reasonably determined by a court.
S 1204 Rights and Remedies are Cumulative
Except with respect to rights and remedies expressly declared to be exclusive in this
Lease, the rights and remedies of the Parties are cumulative, and the exercise by any Party of one
or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by any other Party.
Upon expiration of the applicable Cure Period, a nondefaulting Party may, at its option,
commence an action for damages, specific performance, or any other remedy as is permitted by
law for such a default.
S 1205 Additional Remedies of Lessor
In addition to any remedies provided under Section 1204 of this Lease, if after notice
from Lessor of a default Lessee fails promptly to commence to cure such default or if the cure is
not prosecuted to completion with all due diligence and in any event prior to the expiration of the
applicable Cure Period, Lessor, at its option, may thereafter (but not before):
a Correct or cause to be corrected said default and charge the costs thereofto
the account of Lessee;
b. Correct or cause to be corrected said default and pay the costs thereof from
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the proceeds of any insurance;
c. Continue this Lease and Lessee right to possession in effect and enforce its
rights and remedies under the Lease, including the right to recover rent as it becomes due, as
provided in Section 1951.4 of the California Civil Code.
d. Have a receiver appointed to take possession Lessee's interest in the Sites
and Improvements, with power in said receiver to administer Lessee's interest therein, to collect
all funds available 10 Lessee in connection with its operation and maintenance thereof; and to
perform all other acts consistent with Lessee's obligations under this Lease as the court deems
proper;
e. Maintain and operate the Sites and Improvements without terminating this
Lease.
The rights reserved in this Section 1205 shall not create any obligation on Lessor or
increase obligations imposed on Lessor elsewhere in this Lease.
S 1206 Remedies and Rights of Termination
S 1206.1 In the event that at any time during the term of this Lease, and in
violation of this Lease, Lessee shall:
a. Fail to commence and/or complete the construction of the Improvements
as required by this Lease or within the time required by this Lease;
b. Abandon or substantially suspend construction of the Improvements as
required by this Lease prior to the completion thereof;
c. Use the Sites and Improvements for any purpose other than those provided
for in this Lease or fail to use the Sites and Improvements in accordance with Section SOl of this
Lease;
d. Failor refuse to pay to Lessor when due the applicable rents and other
sums required by this Lease to be paid by Lessee;
e. Failor refuse to pay when due any taxes, assessments or other Impositions
as required by this Lease;
f. Make or suffer to be made any voluntary or involuntary conveyance,
assignment, sublease or other Transfer of the leasehold interest in the Sites and Improvements, or
any part thereof, or of the rights of Lessee under this Lease except as expressly permitted by this
Lease;
g. Commit or suffer to be committed any waste or impairment of the Sites or
the improvements, or any part thereof;
30
h. Alter the Improvements in any manner except as expressly permitted by
thi s Lease;
1. Fail to maintain insurance as required by this Lease;
j. Fail to make full repair and restoration of the Improvements in the event of
damage or destruction except as otherwise permitted by this Lease;
k. Engage in any financing except as permitted by the terms of this Lease, or
any other transaction creating any mortgage on the City Parcel Sites, or placing or suffering to be
placed thereon any lien or other encumbrance, or suffering any levy or attachment to be made
thereon except as expressly permitted by this Lease;
I. Voluntarily file or have filed against it any petition under any bankruptcy
or insolvency act or law, or be adjudicated a bankrupt, or make a general assignment for the
benefit of creditors;
m. Fail to pay when due any payment or charge or otherwise default on any
loan secured by a leasehold mortgage permitted by this Lease;
n. Abandon or surrender possession of the Sites, or Lessee's interest therein;
o. Fail to perform any or Lessee's Hazardous Substances covenants; or
p. Fail to perform or comply with any other material term or provision
hereof, and any such failure or violation shall not be cured or remedied within the applicable
Cure Period; then, in such event, Lessor may, at its option and in addition to any other remedy
provided for in this Lease, terminate this Lease and revest in LeSsor the leasehold interest in the
City Parcel Sites theretofore transferred, by written notice of its intention to do so sent to Lessee.
S 1206.2. Upon termination of this Lease pursuant to this Section 1206, it
shall be lawful for Lessor to re-enter and repossess the City Parcel Sites without process of law,
and Lessee, in such event, does hereby waive any demand for possession thereof, and agrees to
surrender and deliver peaceably to Lessor immediately upon such termination in good order,
condition and repair. Upon such termination title to all Improvements on the City Parcel Sites
shall be vested solely in Lessor.
S 1206.3. No ejectment, re-entry or other act by or on behalf of Lessor shall
constitute a termination unless Lessor gives Lessee written notice of termination in writing as
specified in this Lease. Such termination shall not relieve or release Lessee from any obligation
incurred pursuant to this Lease prior to the date of such termination, nor shall such termination
relieve Lessee of its obligatiops pursuant to Section 702 to remove the Improvements and restore
the Sites to its condition as of the Commencement Date.
S 1206.4. Termination of this Lease under this Section 1206 shall not relieve
Lessee from the obligation to pay any sum paid or payable by it to Lessor or from any claim for
31
damages against a Lessee,.
S 1206.5. The right of termination provided by this Section 1206 is not
exclusive and shall be cumulative to all other rights and remedies possessed by Lessor, and
nothing contained herein shall be construed to defeat any other rights or remedies to which
Lessor may be entitled.
ARTICLE 13. GENERAL PROVISIONS
S 1301 Notices, Demands and Communications between the Parties
Formal notices, demands and communications from anyone Party to any other Party shall
be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt
requested, to the principal offices of Lessor and Lessee, as designated in Section 105 hereof.
Such written notices, demands and communications may be sent in the same mariner to such
other addresses as any Party may from time to time designate by mail as provided in this Section.
S 1302 Time of Essence
Time is of the essence with respect to the performance of each of the covenants and
agreements contained in this Lease.
S 1303 Conflict ofInterest
S 1303.1. No council member, official or employee of Lessor shall have any
personal interest, direct or indirect, in this Lease, nor shall any such council member, official or
employee participate in any decision relating to the Lease which affects his/her personal interests
or the interests of any corporation, partnership or association in which he is directly or indirectly
interested.
S 1303.2. Lessee warrants it has not paid or given, and will not payor give,
any officer or employee of Lessor any money or other consideration for obtaining this Lease.
S 1304 Nonliabilitv of Lessor Officials and Employees
No council member, official or employee of Lessor shall be personally liable to Lessee, or
any successor in interest of Lessee, in the event of any default or breach by Lessor for any
amount which may become due to Lessee or successor or on any obligations under the terms of
this Lease.
S 1305 No Partnership
Neither anything in this Lease contained, nor any act of Lessor or Lessee shall be deemed
or construed by any person to create the relationship of principal and agent, or of partnership, or
of joint venture, or of any association between Lessor and Lessee.
S 1306 Compliance with Law
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Lessee agrees, at its sole cost and expense, to comply and secure compliance with all the
applicable and valid requirements now in force, or which may hereafter be in force, of all
municipal, county, state and federal authorities, pertaining to the Sites and Improvements, as well
as operations conducted thereon, and to faithfully observe and secure compliance with, in the use
of the Sites and Improvements, all applicable county and municipal ordinances and state and
federal statutes now in force or which may hereafter be in force, including all laws prohibiting
discrimination or segregation in the use, sale, lease or occupancy of property.
S 1307 Surrender of Property
Except as otherwise expressly provided in this Lease, upon the expiration or termination
of this Lease pursuant to the terms hereof, it shall be lawful for Lessor to reenter and repossess
the City Parcel Sites and Improvements without process of law, and each Lessee, in such event,
does hereby waive any demand for possession thereof, and agrees to surrender and deliver these
Sites and Improvements peaceably to Lessor immediately upon such expiration or termination in
good order, condition and repair.
S 1308 Severability
If any provision of this Lease shall be adjudged invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of this Lease shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by law.
S 1309 Binding Effect
This Lease, and the terms, provisions, promises, covenants and conditions hereof; shall be
binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal
representatives, successors and assigns.
S 13 I 0 Captions
The captions contained in this Lease are merely a reference and are not to be used to
construe or limit the text.
S 1311 No Recording of this Lease
This Lease shall not be recorded.
S 1312 Enforced Delay in Performance for Causes beyond Control of a Party
In addition to specific provisions of this Lease, performance by any Party hereunder shall
not be deemed to be in default where delays or defaults are due to causes beyond the control and
without the fault of the Party claiming an extension oftime to perform, including war;
insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the
public enemy; epidemics; quarantine restrictions; freight embargoes; governmental restrictions or
33
priority (except as to Lessee's obligation to obtain the Governmental Approvals); litigation;
unusually severe weather; delays of any independent contractor or supplier; or acts or failure to
act of any other public or governmental agency or entity (other than that any act or failure to act
of Lessor shall not excuse performance by Lessor). An extension of time for any such cause shall
be for the period of the enforced delay and shall commence to run from the time of the
commencement of the cause. If, however, notice by the Party claiming such extension is sent to
the other Parties more than thirty (30) days after the commencement of the cause, the period shall
commence to run only thirty (30) days prior to the giving of such notice.
S 1313 Applicable Law
Lease.
The laws of the State of California Shall govern the interpretation and enforcement of this
S 1314 Third Party Litigation and Indemnification
S 1314.01 The filing of any third party lawsuit(s) against Lessor or Lessee
relating to this Lease or to other development issues affecting the Sites shall not delay or stop the
development, processing or construction of the Improvements, approval or issuance of the Land
Use Approvals, unless in the good faith in judgment of the Lessor, such delay is required by law.
S 1314.02 Subject to the following paragraph, Lessor shall take all actions
which are necessary or advisable to uphold the validity and enforceability of this Lease, the
Improvements or any of the Land Use Approvals. If this Lease, the Improvements or any of the
Land Use Approvals are adjudicated or determined to be invalid or unenforceable, Lessor agrees,
subject to all legal requirements, to consider modifications to this Lease, the Improvements or
any of the Land Use Approvals to render them valid and enforceable to the extent permitted by
applicable law.
S 1314.03 In the event of any legal action instituted by a third party or other
governmental entity or official challenging the validity of any provision of this Lease, the
Improvements or any of the Land Use Approvals, Lessee, at its sole cost and expense, shall
defend Lessor, its officers, agents and employees from any such legal action, provided that
Lessor promptly notifies Lessee of any such legal action against Lessor and cooperates in the
defense of said action. Lessee shall be entitled to select counsel to conduct such defense, who
may be authorized to represent Lessor as well as Lessee. In such event, Lessee shall also
reimburse Lessor for the expense of the Lessor's City Attorney for monitoring the actions of the
defense counsel and reporting such actions to the Lessor. However, notwithstanding the
foregoing, if Lessor elects to select counsel other than counsel selected by Lessee, Lessor shall be
responsible for paying the fees and costs of counsel it selects and may determine, in its sole
discretion, to settle or other-wise terminate the litigation. Lessor shall not reject any settlement
acceptable to Lessee, provided that Lessee pays any and all consideration which is required for
said settlement. Lessee shall have the right to terminate this Agreement if Lessee, in its sole
discretion, determines that the cost of defending this Lease, the Improvements or any of the Land
Use Approvals has become or is projected to be too costly. If Lessee decides to so terminate this
Lease, Lessee will also abandon the Site(s) and Improvement(s) that is (are) being defended.
Lessee shall not be relieved of the obligation to pay all costs incurred in defense of the action
prior to its decision to terminate this Lease and abandon the Site(s) and Improvement(s).
34
S 1314.04 In addition, Lessee shall indemnify and bold Lessor, its officers,
agents and employees harmless against any final judgment(s) or any settlement(s) approved by
Lessee arising out of a third-party challenge to this Lease or the Improvements and/or Land Use
Approvals. Lessor shall assign to Lessee any rights of recovery against third parties, to the extent
that Lessee defends or indemnifies the Lessor under this section.
S 1315 Entire Agreement, Waivers and Amendments
S 1315.1. This Lease is executed in five (5) duplicate originals, each of
which is deemed to be an original. This Lease includes thirty-five (35) pages and two (2)
exhibits. This Lease shall become effective on the Commencement Date.
S 1315.2. All waivers of the provisions of this Lease must be in writing and
signed by the appropriate authorities of Lessor or Lessee. All modifications or amendments to
this Lease must be in writing and signed by the appropriate authorities of Lessor and Lessee.
S 1316 Approvals
Except as expressly provided otherwise in this Lease, approvals required of the Parties
shall not be unreasonably withheld, conditioned or delayed.
Date: February 42005
A TIEST:
~/~
Andrea Hooper, City Clerk
Ramon Rodriquez, Mayor
Date: February 4-,2005
BULLETIN DISPLAYS, LLC, a California limited
liability corn~y (LESSEE)
By: A.-...J.A1 ~h
..-/
Its: ,?~:>/.cJ<iW r
APPROVED AS TO FORM:
~~ 'G.&r
. Arnoldo Beltran, City Attorney
35
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Proiect - Beechwood Ave. (north line of 105
freeway). The configuration will be a
two-sided 'Y' and the height of 87 feet
Location A - The SUPllQrt cylinder will be on
the south side of Beechwood Ave. (the
eastlwest street near the intersection of
Fernwood Ave. approximately nine-hundred
feet west of State st
Location B (Preferred) - Relocated across
Femwood on City property (Cattrans
excess).
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7699 Ninth Sln>el,Suilc201
9<jem1Pari<,CA80a21
I'hontIlS6.2I941-1233
f4l<~I$2IM1""145
ions may vary
OWMER
BULLETIN DISPLAYS, LLC
"CREATIVE OuroooR ADVERTISING H
7699 Ninth street, SUite 201
Buena Park, CA 90621
Phone (310) BULLETIN
(714)522-6020
fax (71.4} 522-6309
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Sidewalk Path - Greater Than 44"
Proiect -Imperlal Hwy., 40' East of LitUe Alameda SI.
(north line of 105 freeway). The configuration will be three
sided and triangular shaped or two-sided "V" and the
height of 92 feet.
Location A - The support cylinder will be on the north side
of imperial Hwy. (the eastlwest street) approximately forty
feet east of LitUe Alameda St.
Location B (Preferred) - Relocated on City property
approximately 100' doser to the freeway (Caltrans
excess).
Location C - Relocated on City property approximately
50' closer to the freeway and overhanging Imperial Hwy.
Scale - 1" '" 30'
~05 FREEWAY
'U!!I~c;
~ INC.
7599' Ninth Streoot, Sult..201
BuenaP~,CAtoI21
Phonll {5621 941.1733
fllll {5621 g./,1-4145
OW.ER
BULLETIN DISPLAYS, LLC
"CREATIVE OuroooR ADVEFmSlNG"
76mf'irdhStreet,SYite201
Buerla Park, CA90621
PMne(31Q)BWET1N
(714)522-6020
Fax (714) 522-6309
Sidewalk/Footing Detail Option C
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Sidewalk Path - Greater Than 44"
Proiect -Imperial Hwy., 600 feet East of UttIeAlameda St
(north line of 105 freeway). The configuration will be a
twO'Sided "V' and the height of 92 feet
location A c The support cylinder will be on the north side
of Imperial Hwy. (the eastlwest street) approximately
six-hundred feet east of Uttle Alameda 51.
location B (Preferred) - Relocated on City property
approximately 10' closer to the freeway (Caltrans).
Location C - Relocated on City property approximately
60' closer to the freeway and overhanging Imperial Hwy.
~-1"=30'
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769~ Mil1thS1reel, SuillI201
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1'h00fl(562I$ott-1233
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OWIER
BULLETIN DISPLAYS, LLC
"CREATIVE OuroooR ADVERTISING"
7699 foint1 Street, Suite 201
B4,leoa Part<. CA 90021
Phroe(310) BUllETIN
(714)522-6020
Fax (714) 522-S309
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Proiect - Approximately 538' West of Westec Way (South
side of 105 freeway). The configuration will be either a
three-sided and triangular or two-sided back to back and
the height of 102 feel.
Location A - The support cylinder will be on the south
side of Uttfe Alameda Sl. (the eastlwest street)
approximately five-hundred-thirty-eight feet west of
Westec Way.
Location B (Preferred) - Relocated on City sidewalk
property approximately 50' closer to freeway.
Scale - 1" = 30'
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Uc.m49~
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DIVERSIFIED
INC.
169ll MinlhStrMt, Suite2Ql
B...."P....CAilI621
Phono(56219011-tl.>>
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OWIER
"CREATlVEOUTDOOR ADvamSlNG"
7699 ~ Street, Suite 201
Buooa Park, CA 9re21
Phone (310) BUllETIN
(714)522-6020
Fax (714) 522-6309
Sidewalk/Footing Detail
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Proiecl- Approximately 30. West of Westec Way (south
line of 105 freeway).
The configuration will be a two-sided back to back and
the height
of 87 feel.
Location A - The support cylinder will be on the south
side of Utlle Alameda Sl. (the eastlwest street)
.approximately thirty feet west of Westec Way.
Location B (Preferred) - Relocated on City sidewalk
property approximately 50' closer to the freeway.
Scale - 1" = 30'
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Llc.iI2lM9SS
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DIVERSIRED
INC.
1$19 Ninth SlreM, Sllil. 201
8uGOaI'arl<,CA.90621
Ptl""..(S61)!M14233
fu 15621 9011-41<15
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ow. Eft
BULLETIN DISPLAYS, LLC
"CREATIVE OUTDOOR ADVEImSlNG"
7699 Nntl Street, Suile201
Buena Park, CA 90321
Phooe (310) BULlEllN
(714) 522..6020
Pax (714) 522-6309
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105 FREEWAY
471' to Philade{
hia Wa
Proiect- Approximaately 471' !::ast of Westec Way (south
line of 105 freeway). The configuration will be a two-sided
back to back and the height of 87 feet.
Location - The support cylinder will be on the south side
of the 105 freeway approximately
four-hundred-seventy-one feet east of Philadelphia Way,
Scale -1" = 30'
,;
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'UIl. SIP';
~ INC.
ng9NinlhStrMt,SUitfl201
Bu_ Part. CA 90611
PhOllfl{S62J941.1233
r",,(5152J941-4745
OWIER
BULLETIN DISPLAYS, LLC
"CREA11VE OIflDOOR ADVERnSJNG"
7699 tintl st"eel:, Suite 201
Buena Park, CA 911521
Phooe (310) BUllETIN
(714)522-6020
Fax (714) 522-6309
#7
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105 FR~
cEllVA y
8
94'0"
Proiect - Approximately 971' East ofWestec Way (south
line of 105 freeway). The configuration will be a two-sided
back to back and the height of 87 feet
Location A - The support cylinder will be on the south
side of the 105 freeway approximately
nine-hundred-seventy-one feet east of Philadelphia Way.
Location B (Preferredl- Relocated on City property
approximately 40' closer to freeway (Caltrans excess).
~-1";30'
C~ CON1RAClCR
Uc.II2O(lIS8
UDCa
DIVERSIFIED
INC.
71199Ni~Street,Sllb2Q1
Bu"".f>atk,CA90621
I'hdne(56Z194t.t233
fn(S621114t-4145
"CREATIVE OUTDOOR ADVEFmSING"
7699 tinlh Streel:, Suite 201
Buena Park, CA 90621
Phone (310) BUllETIN
(714)522-6020
Fa.( (714) 522-6309
OWIER
BULLETIN DISPLAYS, LLC
105 FREEWAY OFFRAMP
Proiecl- Long Beach Blvd & Lynwood Rd. (south line of
105 freeway). The configuration will be three-sided and
triangular or a two-sided back to back and the height of
92 feet
Location A - The support cylinder will be on the west side
of Long Beach Blvd. (the north.south street)
approximately 15' west of Long Beach Blvd (in Lynwood
Rd. dead-end).
Scale -1" = 30'
~-10f2
C~ COI<TRACTOR
Uc.'I264958
UDCO
DIVERSIFIED
INC.
7fi9 NinthStreat, Suite 201
Buena PllIk,CA90621
Phonel562IM1-1233
Fu[54i21941.41-45
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BULLETIN DISPLAYS, LLC
"CREA7lVE OUTDOOR ADVERTISING"
7699 NnI1 street, SUite 201
Buena Pad<, CA 90021
Phcoe (310) BUlLETIN
(714)522-0020
Fax (714) 522-6309
70S
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Sidewalk Path - Greater than 44"
ENTRANCE
CALTRANS
PARK\NG LOT
Proiect - Long Beach Blvd & Lynwood Rd. (south line of
105 freeway). The configuration will be three-sided and
triangular or a two-sided back to back and the height of
92 feet
Location B (Prefferedl - Relocated on City sidewaik
property on the east side of Long Beach Blvd
approximately 10' from the
Freeway.
Scale -1" = 30'
Palle-20f2
'Ue,!?';
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roll9 Ninlh S!r-. SUit.. Z01
Bu...."PJ.rk.CA9lle1t
Phone {5$2j!Ml_t233
Fu (562J 1I41...70C5
OWIER
BULLETIN DISPLAYS, LLC
.CREATIVE OUTDOORADvemSlNG"
7600 Ninlh Street, Suite 201
Buena Pari<, CA90621
flhme{310) BUllETIN
(714) 5ZNI020
Fax (714) 522-6309
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105 FREEWAY OFFRAMP
Proiecl- Long Beach Blvd & Platt Ave. (north line of 105
freeway). The configuration will be a three sided and
tiangular, a two-sided 'Y', or a two sided back to back
and the height of 92 feet.
Location A - The support cylinder will be 30' east 0 !Long
Beach Blvd (the northlsouth street) either at Platt Avenue
or approximately two-hundred feet north of Platt Ave.
Scale - 1" = 30'
PaQe -1 of2
'uel!;'';
~ INC.
16119 MinlhSlrea!, Soite 201
Buena P_rf<, CA9G62l
PtwnelS621114t.1233
fu!$62)1l41-4US
OWIER
BULLETIN DISPLAYS, LLC
"CREATIVE OUTDOOR ADVERIlSlNG"
7699 Nnf1 Street Suite 201
Buena Pan<, cA 90021
Phale(3fO)8Ul...lET1N
(714)522-6020
Fax (714) 522-6309
ENTRANCE
CALTRANS
PARK\NG LOT
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Proiect - Long Beach Blvd & Platt Ave. (north line of 105
freeway). The configuration will be a three sided and
tiangular, a two-sided "V", or a two sided back to back
and the height of 92 feet.
Location B (Preferred) - Relocated on City sidewalk
property on the west side of Long Beach b1vd
approximately l' from the
Freeway.
Scale - 1" = 30'
Paae-20f2
6uRP
~ INC.
1699NlfthStreel,SllitD201
BuenIlPariI,CA90621
Phpn~t5ll21!l41.1233
faI562)lMl-4145
,
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OW.ER
BULLETIN DISPLAYS, LLC
"CREATIVE OUTDOOR ADI/ER1IS/NG"
7699 Nnfl Steet. Suite 201
Buena Park, CA 90621
Phooe (310) B\..UETIN
(714) 522..6020
Fax (714) 522-6309
Planter
Sidewalk
-.-'
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105 FREEWAY
Proiect - Beechwood Ave. & Femwood (north line of 105
freeway). The configuration will be a two sided "V' and
the height of 75 feet
Location A - The support cylinder will be on the north side
of Imperial Hwy (the eastlwest street) approximately five
hundred feet from the intersection of Femwood Ave.
Location B /Preferredl - The support cylinder will be on
the south side of Imperial Hwy (the eastlwest street)
approximately five hundred feet from the intersection of
Femwood Ave.
(Caltrans excess).
Location C - The support cylinder will be on the north side
of Imperial Hwy (the eastlwest street), in the planter,
approximately five hundred feet from the intersection of
Femwood Ave.
Scale -1" = 30'
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OWNER
REGENCY OUTDOOR ADVERTISING. INC.
8S2O Sunset Blvd. 2nd Floor
West Honywood. CA SOO69
(310) 667-8883
Fax (310) 667-llO73
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Under
Sidewalk
Footing 0 8'
Pole
04'
22"
,
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Existing
Fence
Centerlines
8' 0"
!'!!!ioo!' Mona Blvd. (south.ne of 105 _l, The
cor1f9JIation will be a tv.o-sided back to back: and the
he9It d 80 to 110 feet..
Location A. - Relocated to the privae property on the west
side d Mona Blvd.
location B (Preferred) ~ The support cyinder.,,;1I be east
approximateiy 5' east of Mona a.ro on side sidewalk
property (the""""""'"" -l.
ScaIe-1"=4O'
14'
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REGEHCY OOI'DX'lRAtHBmSlNG,INC
8820 Sw1lleI BIYd. 2nd Aoor
We5t HoIIpIood. CA90069
(3tO)6S1-8883
Fax(310)6S1-8073
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~500'
~-Monalllvd. (","",,",,of105_). The
corfigumIioo wiI be either a ~ V Of two-sided
bact to back and the height of 80 to 110 feet.
location A * 500' west of Mona Blvd.
ScaIe-1-=4O'
#12
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CMtffi
RS:;BICY OUTOOOR Al:WER11S1NG, INC
88211 s..-t Blvd. 2nd Roar
WestHollrM>od.CA.900&9
(110)651.-&3
hni(31O)651-8073
.. \.
43'9"
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Proiect - Imperial Hwy. & Mona Blvd. (north line of 105
freeway). The configuration will be either a two-sided "V"
or two-sided back to back and the height of 87 feet.
Location A - The support cylinder will be on the north side
of Imperial Hwy. (the eastlwest street) approximately
twenty feet east of Mona Blvd (County).
Location B (Preferred) - Relocated on the south side of
Imperial Hwy on city property within the city limits of
Lynwoood
(Caltrans excess).
Scale - 1" = 30'
\N\PE.R\F\L t\\N'<
/
/
/
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15'6"
'\ 05 fRE.E.\f'J~'{
'u!!,;;';
~ 'NC.
769i Nil"thS\nl8l, suit.. 201
8Uflfll,Partl.,CA90621
Phorn>(5621941-12n
faxj56219414745
#14
----------------------
/
/
/
/
/
/
Existing Fence
/
/
OWIER
BULLETIN DISPLAYS, LLC
"CREA11VE OuTDOOR AOVEImSlNG"
7699 tinlh Street, Suite 201
&lena Park, CA 90621
Phone (310) BUlLETIN
(714)522-6020
Fax (714) 522-6309
#15
No plot submitted. Lessor and
Lessee will reasonably agree on a
plot plan when and if applicable.
#16
No plot submitted. Lessor and
Lessee will reasonably agree on a
plot plan when and if applicable.
~
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-.../
-.../
"C'
#17
Sidewalk/Footing Detail Option B
-
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Existing Fence ~. - '-'-.
102"
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Sidewalk Path - Greater Than 44"
Proiect-AIfanticAve. & FernwoodAve. (north line of 105
freeway). The configuration will be a lw<H3ided back to
back and the height of 80-1 00 feel
Location A - The support cylinder will be on the west side
of A1fantic Ave. (the north/south street) approximately 30'
north of Femwood
location B (Preferred) - Relocated on sidewalk property
approximately 10' north of the Freeway.
Scale - 1" = 30'
QlM!fR
REGENcY OU1l100R ADVERTISING, INC.
8820 Sunset Blvd. 2nd Floor
West HoUywood, CA 8llO69
(310) 667_
Fax (310) 667-l1073
70S
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15'2"
Jo&
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Proiecl- Atlantic Ave & Josephine St, (south line of 1~l."
freeway). The configuration will be a two-sided back to
back and the height of 65 feet.
Location A - The support cylinder will be on the east side
of Atlantic Ave. approximately
Location B (Preferred) - The support cylinder will be on
the east side of Atlantic Ave. (the north/south street) on
City sidewalk property approximately 10' south of the
Freeway.
Scale - 1" = 30'
#18
Sidewalk/Footing Detail
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OWNER
REGENCY OUTDOOR ADVERTISING, INC.
8820 Sunset Blvd. 2nd Floor
west HoUywood, CA 90069
(310) 667_
Fax (310) 667-8073