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HomeMy Public PortalAbout2006-12-11CC_sp 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 SPECIAL MEETING OF THE l YNWOOD CITY COUNCil TO BE HELD ON DECEMBER 11, 2006 BATEMAN HAll ~(J~ H t:. (; l.:. I \t i.:. L CITY OF lYNWOOD C!TV r-~!:"o,(~ ,",r~~""r: 11331 ERNESTINE AVENUE, l YNWOOD, CA 90262 5:00 P.M. lOUIS BYRD MAYOR DEe 0 7 2006 AU PM 71819IIDllll~1112,3,41516 ~~.~ ~~. ;! ~ '. FERNANDO PEDROZA MAYOR PRO-TEM REVEREND AlFREDDIE JOHNSON, JR. COUNCllMEMBER MARIA TERESA SANTilLAN COUNCllMEMBER LETICIA VASQUEZ COUNCllMEMBER CITY MANAGER N. ENRIQUE MARTINEZ CITY ATTORNEY J. ARNOlDO BELTRAN CITY CLERK ANDREA L. HOOPER CITY TREASURER IRIS PYGATT OPENING CEREMONIES 1. CAll TO ORDER 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROll CAll OF COUNCil MEMBERS Reverend Alfreddie Johnson, Jr. Fernando Pedroza Maria T. Santillan Leticia Vasquez Lou is Byrd 4. PLEDGE OF AllEGIANCE 5. INVOCATION 6. COUNCIL RECESS TO: L YNWOOD REDEVELOPMENT AGENCY L YNWOOD UTILITY AUTHORITY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS IF AN ITEM IS NOT ON THE AGENDA, THERE SHOULD BE NO SUBSTANTIAL DISCUSSION OF THE ISSUE BY THE COUNCIL, BUT IT IS ALL RIGHT FOR COUNCIL TO REFER THE MATTER TO THE STAFF OR SCHEDULE SUBSTANTIVE DISCUSSION FOR A FUTURE MEETING. (The Ralph M. Brown Act, Government Code Section 54954.2 (a).) 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. 7. AWARD OF CONTRACT ALLEY IMPROVEMENT PROJECT, PHASE II PROJECT NUMBER 05-5296 Comments: The bid opening for the Alley Improvement Project, Phase II, Project Number 05-5296, took place in the Office of the City Clerk on Monday, October 9, 2006. HARDY & HARPER, INC. was the apparent lowest bidder. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AWARDING A CONTRACT TO HARDY & HARPER, INC. IN THE AMOUNT OF $497,250 FOR THE ALLEY IMPROVEMENT PROJECT, PHASE II, (FIRST ALLEY EAST OF THIRD AVE., FIRST ALLEY EAST OF VIRGINIA AVE., FIRST ALLEY EAST OF POPE AVE., FIRST ALLEY WEST OF MARTIN LUTHER KING, JR. BLVD, AND ALLEYS BOUNDED BY THORSON AVE., HARRIS AVE., AGNES AVE. AND JOSEPHINE ST.), PROJECT NUMBER 05-5296, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFERS". 2 8. L YNWOOD MEADOWS PARK PROJECT, PROJECT NUMBER 05-5289 Comments: NBCE Inc. is the firm that provided the Topography and Boundary survey, Drainage plans and Grading plans for Lynwood Meadows Park Project. NBCE had to revise its original plans to meet Rivers and Mountains Conservancy (RMC) guidelines. These guidelines were not part of the original contract. Therefore, NBCE Inc. is requesting additional compensation to update existing plans to meet RMC's new guidelines. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AMENDING THE CONTRACT FOR NBCE INC. (AMENDMENT NO.2) IN THE AMOUNT OF $9,400 FOR ITS ENGINERING SERVICES FOR THE L YNWOOD MEADOWS PARK PROJECT, PROJECT NUMBER 05-5289 AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT". 9. SPECIAL PERMIT - CHRISTMAS TREE SALES-ANGELA'S PARTY SUPPLY AND FLOWERS Comments: The purpose of this item is for the City Council to consider the approval of a special permit authorizing the sale of Christmas trees at Angela's Party Supplies located at 11039 Atlantic Avenue. Recommendation: Staff recommends that the City Council approve the application for a special permit pertaining to Christmas tree sales. 10. REQUEST FOR SPECIAL PERMIT: 111 TH STREET CHRISTMAS POSADA Comments: A request has been made by the 1111h Street Block Watch to close a portion of 1111h Street, (between Alameda Street and Lorraine Street) to conduct a Christmas Posada on Saturday, December 16, 2006 from 7:00 pm to 11:00 pm. Recommendation: Staff recommends that the City Council approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 3 11. REQUEST FOR SPECIAL PERMIT: CORTLAND STREET CHRISTMAS POSADA Comments: A request has been made by the residents of Cortland Street to close a portion of Cortland Street, (between Gertrude Drive and Muriel Drive) to conduct a Christmas Posada on Saturday, December 16, 2006 from 6:00 pm to 9:00 pm. Recommendation: Staff recommends that the City Council approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 12. REQUEST FOR SPECIAL PERMIT: POPE AVENUE CHRISTMAS POSADA Comments: A request has been made by the residents of Pope Avenue to close a portion of Pope Avenue, (between Fernwood Avenue and Cortland Street) to conduct a Christmas Posada on Friday, December 22, 2006 from 4:00 pm to 11 :00 pm. Recommendation: Staff recommends that the City Council approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 4 DISCUSSION ITEMS 13. ADOPTION OF AN ORDINANCE AMENDING THE CITY'S PURCHASING PROCEDURES TO ADJUST THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT HEADS, ESTABLISH NEW LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS Comments: In December of 2005, the City's Municipal Code provisions regarding purchasing of supplies, routine services and equipment and the procuring of professional services were updated by Ordinance No. 1571 ("Ord. 1571 "). The new procedures implemented by Ord. 1571 clarified and streamlined the purchasing process and created a new RFP/RFQ procedure for Department Directors to follow when seeking professional services such as consultants, architects and accountants. Ord. 1571 also delegated authority to the City Manager to execute certain types of contracts on behalf of the City. To maximize efficiency of the purchasing function and provide additional flexibility and value to the City, Staff has determined that some additions, revisions and clarifications to the City's existing purchasing ordinance are now required. 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 LYNWOOD REPEALING SUBSECTIONS 6-3.1 THROUGH 6-3.13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6-3.1 THROUGH 6-3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF ADJUSTING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT HEADS, ESTABLISHING NEW LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY." 14. STREAMLINE PROCESS FOR SPECIAL PERMITS AND SPECIAL EVENTS Comments: The purpose of this item is for the City Council to consider approving measures that would streamline the process and procedures for special permits and special events. Recommendation: Staff recommends that the City Council authorize the streamline procedures and administrative approvals, and direct staff to bring back a municipal code amendment to implement such procedures and regulations. ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON DECEMBER 19, 2006 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF L YNWOOD, CALIFORNIA. 5 ~ DATE: TO: APPROVED BY: PREPARED BY: SUBJECT: Recommendation: AGENDA STAFF REPORT December 11, 2006 The Honor.a. ble Mayor and Memb~r j)~tMity Council N. EnriquE! N1a 'nez, City Manage 1---/11' G. Dani I . ,P.E., Direct r of Public Works I City Engineer / GOO Elias Sa' Iy, .E., Capital Improvement Projects Manager Award of Contract Alley Improvement Project, Phase II Project Number 05-5296 Staff recommends that the Lynwood City Council of the City of Lynwood adopt the attached resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AWARDING A CONTRACT TO HARDY & HARPER, INC. IN THE AMOUNT OF $497,250 FOR THE ALLEY IMPROVEMENT PROJECT, PHASE II, (FIRST ALLEY EAST OF THIRD AVE., FIRST ALLEY EAST OF VIRGINIA AVE., FIRST ALLEY EAST OF POPE AVE., FIRST ALLEY WEST OF MARTIN LUTHER KING, JR. BLVD., AND ALLEYS BOUNDED BY THORSON AVE., HARRIS AVE., AGNES AVE. AND JOSEPHINE ST.), PROJECT NUMBER 05-5296, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFERS". Background: The Alley Improvement Project, Phase II, Project No. 05-5296 consists of the following alleys: 1. First alley east of Third Ave. (between Josephine Ave. to 140 Ft. to the north) 2. First alley east of Virginia Ave. (between Los Flores Ave. and Elmwood Ave.) 3. First alley east of Pope Ave. (between Beechwood Ave. and Elmwood Ave.) 4. First alley west of M.LK, Jr. Blvd. (between Imperial Hwy. and Norton Ave.) 5. Alleys bounded by Thorson Ave., Harris Ave., Agnes Ave. and Josephine St. The project is listed in the Capital Improvement Project budget for Fiscal Year (FY 2006-2007), and is funded by the Lynwood Utility Authority (LUA) funds. The project encompasses the construction of new asphalt pavement and concrete longitudinal gutter. AGENDJ ITEM 1 H:\WORDFILEIPUBWORKS\COUNCIL\Cou061 1 lAlleyPhaseIIAwardItem.doc The Notice Inviting Bids for the Alley Improvement Project Phase II was advertised on September 21, 2006. Twenty-three (23) contractors received project plans and specifications. The bid opening took place in the office of the City Clerk on October 9,2006. Four (4) bids were submitted: BID CONTRACTOR BID TOTAL RANK 1 HARDY & HARPER, INC. $497.250 2 SEQUEL CONTRACTORS $596.650 3 PALP. IN.C. (dba EXCEL PAVING) $709,530 4 SHAWNAN $1,141,800 Discussion and Analysis: Hardy & Harper, Inc. was the apparent lowest responsible bidder at $497,250. A reference check of previous performance reveals that this contractor has the necessary experience for this type of project. However, staff has evaluated the total anticipated cost of the project including engineering, inspection and contingencies to be $572,000. Because all available funds for the Alley Improvement Project have been allocated to the Phase I of this project (approved by the City Council on November 21, 2006), there are no funds available for the construction of Phase II. To fund the Alley Improvement Project Phase II it is recommended that the LUA funds balance of $442,000 of the LUA Street Improvement Project, Project 05- 5299 be re-appropriated to the Alley Improvement Project Phase II, Project No. 05-5296 and $130,000 of General Fund from the Rose Park Project, Project 05- 5326 be re-appropriated to the Alley Improvement Project Phase II, Project No. 05-5296. These re-appropriations will allow the completion of Phase II of the Alley Improvement Project. Staff has also identified $170,000 of un-appropriated AB 2928 Fund that can be appropriated to the LUA Street Improvement Project.This appropriation will result in a total $578,000 available to complete four (4) out of fourteen (14) remaining streets. With the passing of Proposition 1A-1 E in November 2006, additional funding for street improvement will be available in 2007, which could be used to complete the remaining ten (10) streets. There is $300,000 available in the unappropriated CDBG Fund. A total of $130,000 of unappropriated CDBG funds have been identified that can be used to replenish the $130,000 of General Fund that is being recommended to be transferred from the Rose Park Project to the Phase II Alley Improvement Project. The remaining $170,000 ($300,000 - $130,000) can be used for street H:I WORDFILEIPUBWORKSICOUNCILICou06111 AlleyPhase1IA wardItem.doc improvements within CDSG eligible areas. Upon City Council adoption of the attached resolution, staff will proceed with the appropriation process which will take approximately 45 days to complete. Fiscal Impact: An appropriation of $170,000 of un-appropriated AS 2928 Fund to the LUA Street Improvement Project, Project No. 05-5299, a re-appropriation of $442,000 of LUA funds from the Street Improvement Project, Project No. 05-5299 and a re- appropriation of $130,000 of General funds from the Rose Park Project, Project No. 05-5326 to the Alley Improvement Project, Project No. 05-5296 will be necessary. Coordinated With: City Clerk, Finance Department, City Manager's Office and City Attorney's Office H:I WORDFILEIPUBWORKSICOUNCILICou06 I 1 I AlleyPhaselIA wardItem.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF L YNWOOD AWARDING A CONTRACT TO HARDY & HARPER, INC. IN THE AMOUNT OF $497,250 FOR THE ALLEY IMPROVEMENT PROJECT, PHASE II, (FIRST ALLEY EAST OF THIRD AVE., FIRST ALLEY EAST OF VIRGINIA AVE., FIRST ALLEY EAST OF POPE AVE., FIRST ALLEY WEST OF MARTIN LUTHER KING, JR. BLVD., AND ALLEYS BOUNDED BY THORSON AVE., HARRIS AVE., AGNES AVE. AND JOSEPHINE ST.), PROJECT NUMBER 05- 5296, AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY FUNDS APPROPRIATION AND TRANSFERS WHEREAS, the Alley Improvement Project, Phase II, Project No. 05-5296 is scheduled for completion during FY 2006-2007 and consists of the following alleys: 1. First alley east of Third Ave. (between Josephine Ave. to 140 FI. to the north) 2. First alley east of Virginia Ave. (between Los Flores Ave. and Elmwood Ave.) 3. First alley east of Pope Ave. (between Beechwood Ave. and Elmwood Ave.) 4. First alley west of M.L.K., Jr. Blvd. (between Imperial Hwy. and Norton Ave.) 5. Alleys bounded by Thorson Ave., Harris Ave., Agnes Ave. and Josephine 51. WHEREAS, on September 21, 2006, the bid advertisement for the project started. Twenty-three (23) contractors received project plans and specifications; and WHEREAS, the bid opening took place in the office of the Secretary (also City Clerk) on October 9, 2006, and Hardy & Harper, Inc. was the apparent lowest bidder at $497,250; and WHEREAS, a reference check has revealed that this contractor has the necessary experience for this type of project; and WHEREAS, the projected total construction cost for this project is $572,000 and funds are needed for construction of this project; and WHEREAS, staff has identified available funds at the level of $572,000 in the event funding is in excess of $497,250 is needed to fund the project. NOW THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: H:IWORDFILEIPUBWORKSICOUNCILICou061 I I AlIeyPhaselIAwardltem.doc Section 1. That the contract for the Alley Improvement Project, Phase II, Project No. 05-5296, be awarded to Hardy & Harper, Inc. for its low bid of $497,250. Section 2. That the Mayor is hereby authorized to execute the agreement between the City of Lynwood and Hardy & Harper, Inc. Section 3. That the City Manager or his designee is authorized to make the necessary funds appropriation and transfers as follows: From To $170,000 LUA Street Improvement project Project No. 05-5299 $170,000 Un-appropriated AS 2928 Fund and From To LUA Street Improvement project Project No. 05-5299 $442,000 Alley Improvement, Project, Phase II Project No. 05-5296 $442,000 and From To Rose Park Project Project No. 05-5326 General Fund $130,000 Alley Improvement, Project, Phase II Project No. 05-5296 General Fund $130,000 Section 4. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 11th day of December, 2006. Leticia Vasquez, Mayor City of Lynwood ATTEST: H:\WORDFILEIPUBWORKS\COUNCIL\Cou061 I IAlleyPhaseIIAwardItem.doc N. Enrique Martinez, City Manager City of Lynwood Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney, City of Lynwood G. Daniel Ojeda, P.E. Director of Public Works I City Engineer H:I WORDFILEIPUBWORKSICOUNCILICou06 I I I AlIeyPhaselIA wardItem.doc STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council at a special meeting held in the City Hall of said 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 forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2006. City Clerk, City of Lynwood H:\WORDFILEIPUBWORKS\COUNCIL\Cou061 I I AlleyPhasellAwardItem.doc ~ AGENDA STAFF REPORT SUBJECT: December 11, 2006 ~ The Honorable Mayor and Membe~s ty Council N. Enriqu~artinez, City Manager . G. Danie . (j P.E., Direc of Public Works/City Engineer V' 600 Elias Sai alY~Pitallmprovement Projects Manager Lynwood Meadows Park Improvement Project Project No. 05-5289 DATE: TO: APPROVED BY: PREPARED BY: Recommendation: Staff recommends that the Lynwood City Council adopt the attached resolution entitled: "A RESOLUTION OF THE L YNWOOD CITY COUNCIL OF THE CITY OF L YNWOOD AMENDING THE CONTRACT FOR NBCE INC. (AMENDMENT NO.2) IN THE AMOUNT OF $9,400 FOR ITS ENGINEERING SERVICES FOR THE L YNWOOD MEADOWS PARK PROJECT, PROJECT NO. 05-5289 AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT". Background: The City Council previously approved a contract and an amendment to NBCE Inc. for architectural and engineering services for the Lynwood Meadows Park Improvement Project. This Project is funded in part by the Rivers and Mountain Conservancy (RMC) and General fund. Discussion and Analysis: NBCE Inc. is the firm that provided Topography and Boundary survey, Drainage plans and Grading plans for Lynwood Meadows Park Project. NBCE had to revise their original plans to meet Rivers and Mountains Conservancy (RMC) guidelines. These guidelines were not part of the original contract. Therefore, NBCE Inc. is requesting additional compensation to update existing plans to meet RMC's new guidelines. AGENDA ITEM 1 H:I WORDFILEIPUBWORKSICOUNCILICou06118NBCEContrAmend21tem.doc Fiscal Impact: The initial project budget is adequate to cover the recommended contract Amendment No.2, ($9,400). The total for the consultant! architect design fees are listed below. 1. 2. 3. Original Design Contract: Contract Amendment One: Contract Amendment Two: $ 16,500 $ 19,500 $ 9,400 Total $ 45,400 Coordinated With: Finance Department and City Attorney's office. H:\ WORDFILEIPUBWORKS\COUNCIL\Cou06 I 18NBCEContrAmendZItem.doc RESOLUTION NO. A RESOLUTION OF THE L YNWOOD CITY COUNCIL OF THE CITY OF L YNWOOD AMENDING THE CONTRACT FOR NBCE INC. (AMENDMENT NO.2) IN THE AMOUNT OF $9,400 FOR ITS ENGINEERING SERVICES FOR THE L YNWOOD MEADOWS PARK PROJECT, PROJECT NO. 05-5289 AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT WHEREAS, NBCE Inc. was the original design firm for the Lynwood Meadows Park Improvement Project; and WHEREAS, This project is funded partly by Rivers and Mountain Conservancy and General Fund; and WHEREAS, NBCE had to revise its original design plans to meet Rivers and Mountains Conservancy (RMC) guidelines which were not part of the original contract; and WHEREAS, NBCE Inc. is requesting additional compensation to update existing plans to meet RMC's new guidelines; and WHEREAS, NBCE Inc. will provide architectural and engineering services based on its proposal not to exceed $9,400 in total. NOW THEREFORE, the City Council does hereby find, proclaim, order and resolve as follows: Section 1. That the City Council approves Amendment No. Two (2) to the existing contract with NBCE Inc. for its architectural and engineering services for the Lynwood Meadows Park Improvement Project, Project No. 05- 5289. Section 2. That the Mayor is authorized to execute Amendment No. Two (2) to the existing contract with NBCE Inc. for an amount not to exceed $9,400. Section 3. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this11th day of December, 2006. H:IWORDFILEIPUBWORKSICOUNCILICou06 I 18NBCEContrAmend2Item.doc Leticia Vasquez, Mayor ATTEST: Andrea L. Hooper, City Clerk N. Enrique Martinez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney G. Daniel Ojeda, P.E. Director of Public Works I City Engineer H:I WORDFILEIPUBWORKSICOUNCILICou06118NBCEContrAmend2Item.doc STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council at a regular meeting held in the City Hall of said 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 forgoing is a full, true and correct copy of Resolution No. on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this day of ,2006. City Clerk, City of Lynwood H:I WORDFILEIPUBWORKSICOUNCILICou06118NBCEContrAmend2ltem.doc II NICE. INC.. 3070 6rl.\0151., 5ulteMO . Costa Me.a, CA 92626 . Tel: (714) 573.9999 . Fax: (714) ( '3.1877 . www,nbeelnc.com . ENGINEERING . PLANNING . SURVEYING . 'R IJECT MANAGEMENT July 19,2006 City of Lynwood 11310 Bullis Road Lyn' vood. CA 90262 SUE! JECT: PROPOSAL FOR ENGINEERING SEftVlCES FOR LYNWOOD MEA I<lWS PARK, CITY OF L YNWOOD, CALIFORNIA Dea r Mr. Saikaly: We are pleased to submit this proposal to provide civil engineering ;e rvices for Lyn' vood Meadows Park. I. SCOPE OF SERVICES The scope of services is in accordance with our recent conversa' io, with the representatives from the Rivers and Mountains Conservancy an, I in general consists of the following professional services: A. Gradina i Drainaae Plans Modify the grading and drainage plans for the proposed pari:, f possible to retain some of the run-off on-site, divert some of the flo 'I to the dry river, and discharge some of the flow to storm drain system. B. Meetina & Coordination Participate in a meeting with the City representatives and Landscape Architect to coordinate design activities. II. FEE Our proposed fee based upon the scope of services outlined ; Ib)ve is as follows: Item Fee Grading & Drainage Plan $8,500 Meeting & Coordination $500 Printing, PloIIjng & M_nger $400 TOTAL $9,400 City If Lynwood Pro~ )sat for Engineering Services Lyrw cod Meadows Park July 19. 2006 Pag" 2 III. BILUNG Billing will be based upon the proposed fee and invoiced monthly. Inlloices are due upon receipt. IV. ASSUMPTIONS AND EXCLUSIONS The following assumptions and exclusions are made as a basis of C UI proposal: 1. Any item not specified in this scope of services will be pr Ivi ~ed as an additional service. 2. All processing including application fees. permit fees. and ; III other fees required by agencies are excluded from this proposal. We appreciate the opportunity to submit this proposal. If you shou d have any qUE ;dions, please feel free to contact us. Sin :erely, NEICE. Inc. This Proposal Accepted by: City of Lynwood 6htYHff By: Da,id Niknafs, P.E. Prilcipal Print Name: Date: III" '.'INEEIII' I . r'LAIIMING I . SUlnTlIIG . rI Dun MANA5EMflfT AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: December 11, 2006 ~ Honorable Mayor and Members of f~ s.8t?y))ouncil N. Enrique Martinez, City Manage ~ 'II" Grant Taylor, Development Servi es Director G"r Jonathan Colin, Development Services Manager SUBJECT: Special Permit Christmas Trees Sale Angela's Party Supply and Flowers Recommendation: Staff recommends that the City Council approve the application for a special permit pertaining to Christmas tree sales. Background: The applicant is requesting approval to conduct Christmas tree sales in the parking lot of 11039 Atlantic Avenue. Discussion & Analysis: The applicant is proposing to conduct sales from the parking lot at Angela's Party Supply located at 11039 Atlantic Avenue. The subject property is developed with retail businesses, and is located in the C-3 (Heavy Commercial) zone. The applicant will sell Christmas trees from December 12, 2006 to December 24, 2006 from 9:00 am to 7:00 pm. Pursuant to Fire Code requirements, a Class A, and a Class C fire extinguisher will be available at the premises. The lot sale will be operated by an employee at all times. Lynwood Municipal Code Section 4-8.8 requires City Council approval of a special permit for parking lot sales and events. The requestor must provide proof of insurance, and the proposal is subject to approval by the City's Building and Safety Division, and the Los Angeles County Fire Department. AGEND,ll ITEM q Fiscal Impact: The applicant must pay a $432 dollar fee. which includes fire clearance fee. Coordinated with: City Manager's Office City Attorney Finance Department Attachments: Special Permit Application Location Map ",--" <~~~ lOde,PUC,,", TIOr'j FOR SPECIAL PERMIT CIT, ()I::- 1_(II\ND':i[' -1'1-3::;1] BULLI:::; F~C1PD L\/[\JI/VC/OC'. c_:,~'. 90162 :.;:: 'I 0-60':;-0::20 , , JJPJvlE: t,.", 1, \-' APPUCANT iNFpRMATiON: , 'r I.' , ' _', " I ': -' &:DL#" ~() Fir \ ,;" It '('\ , fiLS: ""PAOI,E 7:/L) .0/--:-::. \ - /'i.- /-\DDF~ESS , .. L /' rr.~'? ; CfT'( (~.)-"/I.- ,.~ i~ iYp , [;" l~~,'::: i ~ ()CCUF','-\TrOH j'-JUf\jiBEF~ OF PERSONS EMPLOYED C':' S8E /1. /1 /t'/ -)-J -s~1 j c: (Siate Board of Equa)l.::atlQn [lumber) EVENT INFORMATiON TiF'E 010 PERMIT REQUESTED -----.. .' ~ :' .-t -j C 1 fi '/ / -/'1.' .1.,: i.i (.J, t" L, I r'-h.- ) J )' e<" r , D,D,TE(S) OF EVENT- I-lOURS OF OPERATION. u' '- '-' '-; }2 .!Y-':''-"'t<G 'j: ( (:.' 1-\ J ~-, - -1 '. C> (:,-' Ll Ii' ~ . )--\OOF:ESS OF PROPOSED EVENT LOCATION /,/ L~ ___:; ;j ,~~/ )" {/) /'.1"'7 ~.. {::.- V-t l." -y,...J '-.JJ -~::" . .. ::;PEC;IFIC ,~REA DESIGhlP,TED FOR EVENT IS STI":EET CLOSURE BEING REQUESTED: YES ,1'10 (IF YES, BI~IEFL Y EXPLAIN REASON FOR EVENT AND CLOSURE) ~'- ICIP'I-::LE 1)l\!E) IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE' J-jP,VE',/,OU MADE AN APPLlCATIO!'J FOR THIS-TYPE OF PERMIT BEFORE":" Eo::, {In " \... ~. '\ ---..,,' IF ',."E.3:, \lVI-IERE P.I\jD WHEN. 1'3 TI~II:3 A FOR-PI~OFIT OR NON-PROFIT EVENT? (CIRCLE ONEI IF 'II-liS IS A NON-PROFIT EVENT OR A CERTAIN PORTIOI, OF THE PROCEEDS BEhIEI=IT n :'JOI\I-I~ROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWli'IG hlAME OF ORGANIZATION BEING BENEFITED STATE hION-PROFIT NUMBER: ADDRESS OF ORGANIZATION: e 1/; / ,-' PHONE 1:3: A \I\J,LIIVEI"C OF FEES BEII'IG REQUESTED H='/ES. EXPLAIi"j YES NO, ~ ,c, iJEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED Te, THE CIL, N \~' n _<: I HEREBY r;ERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TJ"CUE AI~D COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAU~:E.", FORFEITURE OF FEES AND DENIAL OF PERMIT.. /,!.._7, _~ c:'-.~'=- .., .. __~'"__.. / I,' ''-C'''',{'~, '<'-- '//~L .;, IGNATURE OF APP ICANT DATE ~/ L> .( SIGNATURE OF APPLICANT D.h,TE :~,CCEPT"\NCE OF TI-ItS APPLICATION FOR REVIEW DOES NOT IMPLY APPROVAL, THIS r:'ERMIT REQUIRES err;, COUNCIL APPROVAL. YOU WILL BE NOTIFIED ACCORDINGLY LOCATION MAP ~'" bT.18 "/~J"";4 N~ ~ .~ ~ L ~22't 21 ')- >- I.....,Pl?ri<< I 50 5I)! 'I' HIGHWAY ~ 10 r\?~.. "I3ifj ..,t 4 f..: lI) ~8 ~ 9 ~ ~ .s~r. ff., FLORES .'ill ~ !'I' 7. 6 ,; , ." , , ~ I, 1$ /96 I CASE No.: Special Permit - Christmas Tree Sales SITE ADDRESS: 11039 Atlantic Avenue APPLICANT: Anqela's Party Supply and Flowers 300' RADIUS MAP [ ] 500' RADIUS MAP [ ] II AGENDA STAFF REPORT Date: December 11 , 2006 Prepared by: Honorable Mayor and Members of tiJ cnuncil N. Enrique Martinez, City Manage!' /~g, Deborah Jackson, Director of Quality of Life service~ Natalia Medina, Block Watch Coordination Spec. ., '0 To: Approved By: Subject: Re~uest for Special Permit: 111 h Street Christmas Posada Recommendation: Staff recommends that the City Council approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. Background: A request was made by 111 th Street Block Watch to close a portion of 111 th Street (between Lorraine and Alameda Street), to conduct a Christmas Posada on Saturday, December 16, 2006 from 7:00 pm to 11 :00 pm. Discussion & Analysis: The applicant is requesting a street closure, portable lights and the usage of city tables and chairs along with a fee waiver for any cost associated with the street closure. At previous Posadas the City has also provided a Santa Claus and candy canes for all children whom are present at the event. The City has, supported this type of activity and approved street closures, waiving permit fees and provided varying levels of support similar to the request made here. Last year the City hosted a citywide Christmas Posada for all residents to attend in one centralized location. Two neighborhood posadas were approved by Council last year with the waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. The date of this request is the same date as the Citywide Christmas Posada. It will be difficult to provide staff support to the two private posadas requested on this date and the city event. In addition, staff convened a meeting with the committee in the citywide posada from last year. The residents agreed to AGENDP ITEM JO participate in the citywide event only if there were no posadas in the neighborhoods. 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. Fiscal Impact: The following is an estimated breakdown of costs associated with the Christmas Posada based upon the applicant's requests: TOTAL COST $243 $155 $143 $475 $140 $174 $1,330 Staff Set-up/break-down of tables and chairs Staff Set-up/break-down of barricades Staff (Santa Claus + suit rental) Rental of 2 portable light towers Purchase of Candy Canes Street Closure Permit Fee Waiver OPTIONS FOR COUNCIL CONSIDERATION: 1. Approve the street closure for this Christmas Posada with no waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 2. Approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 3. Approve this Christmas Posada with a waiver of fees and provide items and/or services requested by the group that can be reasonably acquired by staff. 4. Deny this request and encourage proponents to participate in the Citywide Christmas Posada. Coordinated with: LA County Sheriff's Department, LA County Fire Department, Public Works Department, Recreation & Community Services, Finance Department. Attachments: Application for Special Permit APPLICATION FOR SPECIAL PERMIT CITY OF L YNWOOD 11330 BULLIS ROAD L YNWOOD, CA 90262 310-603-0220 APPLICANT INFORMATION: i ) r l'<O:1';?'f01 3/L;!c31Ii'o::C"Y7 NAME "),,U'_ ILl" )X~/JI2/l,€"L,!L CDL# PHONE ADDRESS :20.2 Of [,' /I( fA ,,(~+ , ,~ " CITy'fJ~,1 )IP q :'2 0_:J~ OCCUPATION 9c-hTY''-<. /)1 i\'iJ-t, , ,I 6J!r,c// It, )#--~, ,,' ~'14~1(..v---U'7LC''-- NUMBER OF PERSONS EMPLOYED ~C?:)-- SBE -L_' (Slale Board of Equalization Number) TYPE OF PERMIT REQUESTED EVENT INFORMATION Po s: (-/ d CL> ;C)Q(/ liP ( ;20{) ~ 1 7 P(l1:--- / I' 0() ,Pi'n :2t::,;Lc( ;J,((; 00 t If / '![ s:f- r';' /I / tt ,')-1- DATE(S) OF EVENT HOURS OF OPERATION ADDRESS OF PROPOSED EVENT LOCATION SPECIFiC AREA DESIGNATED FOR EVENT IS STREET CLOSURE BEING REQUESTED (^fES) NO_ ICIRC~E ONE), IIF YES, BRIEFLY EXPLAIN REASON FOR EVENT ANer-croSURE) } , 7) I lei, '~,,;zd:L(i 0-J ' , IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? YES ~0 IF YES, WHERE AND WHEN: .-------- - - -. -----., IS THIS A FOR-PROFIT O~N-PROFIT EVENT\? (CIRCLE ONE) --~ IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING: NAME OF ORGANIZATION BEING BENEFITED: STATE NON-PROFIT NUMBER ADDRESS OF ORGANIZATION: 11(170 ? PHONE: cer-- IS A WAIVER OF FEES BEING REQUESTED: I~S E>fPLP,J" !:: d P-I CIA '-6'-'1- ~ 1'1J J 8 NO A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY, I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A FOFftEOOi[iV, !EDD DENIAL OF PERMIT':1 , k ,- ~7UV' '~ '11)': S :'(iili, SIGNATURE OF APPLICANT DATE 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 - AGENDA STAFF REPORT Date: December 11, 2006 Prepared by: Honorable Mayor and Members of ~ ~~uncil N. Enrique Martinez, City Manag1/.(:~ Deborah Jackson, Director of Quality of Life service~ Natalia Medina, Block Watch Coordination Spec. V To: Approved By: Subject: Request for Special Permit: Cortland Street Christmas Posada Recommendation: Staff recommends that the City Council approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. Background: A request was made by residents from Cortland Street to close a portion of Cortland Street (between Muriel Drive and Gertrude Avenue), to conduct a Christmas Posada on Saturday, December 16,2006 from 6:00 pm to 9:00 pm. Discussion & Analysis: The applicant is requesting a street closure, portable light towers and the usage of City tables and chairs along with a fee waiver for any cost associated with the street closure. At previous Posadas the City has also provided a Santa Claus and candy canes for all children whom are present at the event. The City has, supported this type of activity and approved street closures, waiving permit fees and provided varying levels of support similar to the request made here. Last year the City hosted a citywide Christmas Posada for all residents to attend in one centralized location. Two neighborhood posadas were approved by Council last year with the waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. The date of this request is the same date as the Citywide Christmas Posada. It will be difficult to provide staff support to the two private posadas requested on this date and the city event. In addition, staff convened a meeting with the committee in the citywide posada from last year. The residents agreed AGENDA ITEM " participate in the citywide event only if there were no posadas in the neighborhoods. Conditions: . Sheriffs Department - The Sheriffs 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. Fiscal Impact: The following is an estimated breakdown of costs associated with the Christmas Posada based upon the applicant's requests: TOTAL COST $146 $155 $130 $475 $140 $174 $1,220 Staff Set-up/break-down of tables and chairs Staff Set-up/break-down of barricades Staff (Santa Claus + suit rental) Rental of 2 portable light towers Purchase of Candy Canes Street Closure Permit Fee Waiver OPTIONS FOR COUNCIL CONSIDERATION: 1. Approve the street closure for this Christmas Posada with no waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 2. Approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 3. Approve this Christmas Posada with a waiver of fees and provide items and/or services requested by the group that can be reasonably acquired by staff. 4. Deny this request and encourage proponents to participate in the Citywide Christmas Posada. Coordinated with: LA County Sheriffs Department, LA County Fire Department, Public Works Department, Recreation & Community Services, Finance Department. Attachments: Application for Special Permit Q ~ ...... f;J:;j Q f>;4 ~ . APPLICATION FOR SPECIAL PERMIT CITY OF L YNWOOC '1330 BULLIS RO';: l YNWOOD CA 9:25: 310-603.0':::2:. APPLICANT INFORMATION: NAME PP.t-E (1_ ADDRESS 3 <i '-I ? S .\- ,\c VLI1. COL. OCCUPATION CotC.+J....A-~,~ tJ I+- , 31 "_/ PHONE ..: 32. -" 15 CITY .k) >>lwoc,lZIP 902..(,? NUMBER OF PERSONS EMPLOYED SBE HOURS OF OPERATION EVENT INFORMATION 5+p- E' E+- C \ cl Su J (, Cl" """ (,., -- (State Boaro of Eauallzallon NumoerJ TYPE OF PERMIT REQUESTED. DATEIS) OF EVENT 'Dee. RQ..., ADDRESS OF PROPOSED EVENT LOCATION (; If' >YL "1-C> q : r t"Y'c ~l'>-'~,\ (Ge..e..+'-'I'" -Ii- liY'Jt"e V .It h6 V G C:' R.\ SPECIFIC AREA DESIGNATED FOR EVENT (SiY~,,*,+-) 'S..-~.""'- A-S IS STREET CLOSURE BEING REQUESTED cYEs:') NO (CIRCLE ONE) IIF YES. BRI,EFL Y ~XPLAIN REASON FOR EVENT AND CLOSURE) t.V ~ '" e,~ \'VJ'l..,~ f6 L"CI<~V',,,+", G-VC".<:/+.\A. IF INDOORS. APF'ROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE -J:'.i-1"f-- hAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMiT BEFORE? ....Y.ES ': NO IFYESWHEREANDWHEN %:--. iTS 4\'"V~- itJ" 1')1 r,,~ .+ic" P'.J'~ ~<I?"" IS THIS A FOR-PROFIT 0@N-PROF1:':'EVENT? (CIRCLE ONE! IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION. PLEASE PROVIDE THE FOLLOWING NAME OF ORGANIZATION BEING BENEFITED C6:d-1--1hvJ f.I.l LH k STATE NON-PROFIT NUMBER hi I?L ADDRESS OF ORGANIZATION S......-<-...., A k,. ,/~ "'/++ ( h- PHONE3}a {,S '/.-OIS-/ ~6 NOlJt~ (:45 FW IS A WAIVER OF FEES BEING REQUESTED ~~' NO IF YES. EXPLAIN Po +0 +~e -P"'<-1-- y.-'-<- cIlt-e.. cj hie",\< W ~h:..L, ,,OJ ~+i, 'V't.~ }lut<;. I~ -t I: "O-L }'Y\ .<)...:...., , A NEGOTIATED PERCENTAGE OF THE PRQCEEDS IS REQdESTED 70 BE DONATED TO THE CITY - iLl/- I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TI;UE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A FORFEITURE OF FEES AND DENIAL OF PERMIT 47,:' >J U' ';)[i:412/C I/-h- "r, SIGNATURE OF APPLICANT DATE /l-if:....., 51-:,,-~__ 11- I c' . .'" SIGNATURE OF APPLICANT DATE ACCEPTANCE OF THIS APPLICATION FOR REVIEW DOES N01' IMPL Y APPROVAL THIS PERMrT REQUIRES CITY COUNCIL APPROVAL YOU WILL BE NOTIFIED ACCORDINGLY (II AGENDA STAFF REPORT Date: December 11 , 2006 Prepared by: Honorable Mayor and Members of t~ ~ ~uncil N. Enrique Martinez, City Manag7~$( Deborah Jackson, Director of Quality of Life Servic~. Natalia Medina, Block Watch Coordination Spec. U To: Approved By: Subject: Request for Special Permit: Pope Avenue Christmas Posada Recommendation: Staff recommends that the City Council approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. Background: A request was made by residents from Pope Avenue to close a portion of Pope Avenue (between Femwood Avenue and Cortland Street), to conduct a Christmas Posada on Friday, December 22, 2006 from 4:00 pm to 11 :00 pm. Discussion & Analysis: The applicant is requesting a street closure, portable light towers and the usage of City tables, chairs and canopies along with a fee waiver for any cost associated with the street closure. At previous Posadas the City has also provided a Santa Claus and candy canes for all children whom are present at the event. The City has, supported this type of activity and approved street closures, waiving permit fees and provided varying levels of support similar to the request made here. Last year the city hosted a citywide Christmas Posada for all residents to attend in one centralized location. Two neighborhood posadas were approved by Council last year with the waiver of permit fees and the provision of no City of Lynwood assistance beyond the basic requirements for the street closure. City of Lynwood staff convened a meeting with the committee in the citywide posada from last year. The residents agreed to participate in the citywide only if there were no posadas in the neighborhoods. ENDA ITEM 12- 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. Fiscal Impact: The following is an estimated breakdown of costs associated with the Christmas Posada based upon the applicant's requests: TOTAL COST $390 $155 $184 $475 $140 $174 $1,518 Staff Set-up/break-down of tables and chairs Staff Set-up/break-down of barricades Staff (Santa Claus + suit rental) Rental of 2 portable light towers Purchase of Candy Canes Street Closure Permit Fee Waiver OPTIONS FOR COUNCIL CONSIDERATION: 1. Approve the street closure for this Christmas Posada with no waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 2. Approve the street closure for this Christmas Posada with a waiver of permit fees and the provision of no City of Lynwood assistance beyond the provision of the street closure. 3. Approve this Christmas Posada with a waiver of fees and provide items and/or services requested by the group that can be reasonably acquired by staff. 4. Deny this request and encourage proponents to participate in the Citywide Christmas Posada. Coordinated with: LA County Sheriff's Department, LA County Fire Department, Public Works Department, Recreation & Community Services, Finance Department. Attachments: Application for Special Permit APPLICATION FOR SPECIAL PERMIT CITY OF L YNWOOD 11330 BULLIS ROAD L YNWOOD, CA 90262 310-603-0220 APPLICANT INFORMATION: NAME [UU! 1!v'i9Lo S CDL# t1I(j:J;; /,6 '} /: ) ,;7/,/-,;,-808 PHONE I.ill) J@ / ADDRESS iI,W LUGo CITY L7/7<L)(J;?VZIP ?02b~ !1LYI?1'IL ,gCr-FET OCCUPATION NUMBER OF PERSONS EMPLOYED. SBE (Stale Board of Equalization Number) EVENT INFORMATION TYPE OF PERMIT REQUESTED -'I/'m Iv II/,/>1 (;Y-m,qs /6SR(i,) DATE(S) OF EVENT: jl"{if'mbt>,e:fl:2,.) Co & ~m Iv II?/?? , HK'/?{-<)l)(x! ClYl 01' /c?1"'" 4e HOURS OF OPERATION ADDRESS OF PROPOSED EVENT LOCATION SPECIFIC AREA DESIGNATED FOR EVENT IS STREET CLOSURE BEING REQUESTED. @ NO ICIRCLE ONE) (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE) f'l<- i'U& S ;t?"'.s/1--~_ A/.<.'u'} 12f?~~/f-i/~/J.,(r' 100 c:...1+/!(/?c; /, -rALl~c. a.~~ ij {?ar;cJ J",."c / -J ( .J IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE: HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? @ IF YES, WHERE AND WHEN {I/-I;("/Si//7,q5 ;:>005/';;00<//;)003 IS THIS A FOR-PROFIT OR !i2N-PR~VENT? (CIRCLE ONE) I' / / NO IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON.PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING NAME OF ORGANIZATION BEING BENEFITED: STATE NON-PROFIT NUMBER ADDRESS OF ORGANIZATION -rJ1e- c./) /J? /1.4':~ /7 / . ~7 PHONE: IS A WAIVER OF FEES BEING REQUESTED IF YES, EXPLAIN: @:) NO A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY. -=b-- I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A FORFEITURE OF FEES AND DENIAL OF PERMIT. ~ /). /7 J' (ji'1frO s: II lo/O(p SIGNATU E OF APPLICANT DATE 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 DATE: TO: FROM: APPROVED BY: PREPARED BY: AGENDA STAFF REPORT December 11, 2006 Honorable Mayor & City Council ~9J1~ k'? N. Enrique Martinez, City Manage ~ (II Christy Valencia, Deputy Directo of Finance rf/j~ Tara L. Taguchi, Lynwood City Attomey's Office Patricia Tarin, Financial Analyst SUBJECT: Adoption of an Ordinance amending the City's Purchasing Procedures to increase the purchasing authority limits of the Purchasing Officer and Department Directors, establish increased levels of authority for execution of contracts by the City Manager and utilize cooperative purchasing arrangements. Recommendation: Staff recommends that the City Council: Introduce for adoption and first reading by title only the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF L YNWOOD REPEALING SUBSECTIONS 6-3.1 THROUGH 6-3.13 OF THE L YNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6- 3.1 THROUGH 6-3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF INCREASING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT DIRECTORS, ESTABLISHING INCREASED LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY." Background: In December of 2005, the City's Municipal Code provisions regarding purchasing of supplies, routine services and equipment and the procuring of professional services were updated by Ordinance No. 1571 ("Ord. 1571"). The new procedures implemented by Ord. 1571 clarified and streamlined the purchasing process and created a new RFP/RFQ procedure for Department Directors to follow when seeking professional services such as consultants, architects and accountants. Ord. 1571 also delegated authority to the City Manager to execute certain types of contracts on behalf of the City. To maximize efficiency of the purchasing function and provide additional flexibility and value to the City, Staff has determined that some additions, revisions and clarifications to the City's existing purchasing ordinance are now required. 1 AGENDJ ITEM /3 Discussion & Analysis: Purpose of the Proposed Revisions The hierarchy of purchasing authority created by Ord. 1571 will remain in place. However, increased dollar thresholds for each level of authority are being proposed, based on the City's assessment of its needs and a survey of the thresholds implemented by other California cities (see Attachment A). The revised ordinance also proposes to increase the contract signing/award authority of the Purchasing Officer/City Manager, to minimize the necessity to obtain the Mayor's signature for contracts and purchase orders (following the City Council approval of such), and expedite payments to vendors. In addition, the proposed ordinance provides clarified definitions, an updated list of transactions exempt from competitive bidding and/or centralized purchasing procedures and includes a conflict of interest provision. The revised ordinance also permits the City to participate in cooperative purchasing arrangements. Summarv of Proposed Revisions: . Permission to Participate in Cooperative Purchasing Arrangements (~6-3.6) The proposed ordinance permits the City to engage in cooperative purchasing when the Purchasing Officer determines such arrangements are in the best interest of the City. Some of the contemplated programs include the California Multiple Award Schedule ("CMAS") and U.S. Communities. These types of purchasing arrangements allow the City to purchase equipment, supplies and other goods by "piggybacking" on to contracts that have already been competitively bid out by other public agencies. Participating in cooperative purchasing arrangements should translate into savings of both time and money, and promote increased purchasing power for the City. The dollar thresholds (authority limits) specified in Section 6-3.7 would apply to cooperative purchases. . Increased Dollar Thresholds for the Three Levels of Purchasing Authority (~6-3.7) 1. Would permit Department Directors to make purchases of supplies, equipment and routine services costing $1,000.00 or less without competitive bidding or authorization from the Purchasing Officer. The existing Ord. 1571 limit for this type of transaction is $500.00 (see ~6-3.7.b.1). 2. Proposes to permit the Purchasing Officer (City Manager) to make or authorize purchases of supplies, equipment and routine services costing $1,000.01 to $30,000.00 by utilizing the informal Open Market Purchase procedure, or by formal competitive bidding procedures. The current Ord. 1571 limit is $15,000.00 (see ~6-3.7.b.2). 3. Purchases of supplies, equipment and routine services costing over $30,000.00 must be made using the competitive Formal Bid Purchase. Awards of these contracts are made by the City Council (See ~6-3. 7 .b.3). 2 . Increased Dollar Thresholds for Award of Professional/Special Services Contracts (~6-3.9.e.6) Would permit the Purchasing Officer (City Manager) to approve award of all Professional/Special services contracts that do not exceed an annual expenditure of $50.000.00. Under Ord. 1571, the current ceiling is $15,000.00. The City Council must approve and award all Professional/Special service contracts involving annual expenditures in excess of $50,000.00. The RFP/RFQ procedures established by Ord. 1571 remain unchanged. The proposed ordinance also provides an expanded definition of "Professional/Special Services" (See ~6-3.1). . Increased City Manager's Authority to Execute Contracts on Behalf of the City (~6-3.1 0) Would delegate authority to the City Manager to sign contracts and purchase orders on behalf of the City for supplies, equipment and routine services that do not exceed an annual expenditure of $30.000.00. The present limit under Ord. 1571 is $15,000.00. Would delegate authority to the City Manager to sign contracts for Professional/Special services not to exceed $50,000.00 for a single transaction in anyone-year period. Under Ord. 1571, the current limit is $15,000.00. Would permit the City Council by resolution and on a case-by-case basis to delegate authority to the City Manager to execute purchase orders and contract which exceed the dollar thresholds specified above. Appropriated funds must already be available for such purchases and the City Manager is still required to report semi-annually to Council on all such purchases and contracts made by the City Manager which exceed $5,000.00. Contracts and purchase orders exceeding the dollar thresholds specified above must still be executed by the Mayor or Mayor Pro Tem, unless the authority to sign has been delegated by specific a resolution. . Conflict of Interest Prohibition (~6-3.12.b) The proposed ordinance specifically prohibits City employees from participating in the selection of consultants, vendors, products etc. if they are financially interested in the business entity providing the goods or services. . Clarifying Certain Pre-Existing Exemptions from Competitive Bidding (~6- 3.13.a) Section 6-3.13 still exempts (among other things) emergency purchases and contracts for garbage collection from competitive bidding, and preserves the City Council's ability to waive competitive bidding on a case-by-case basis by Resolution adopted by 4/5 vote. The proposed revisions exempt cooperative purchases and previously standardized items from competitive bidding. These exemptions continue to be non-applicable to construction contracts for public works projects. 3 . Transactions that are Exemptfrom the Purchasing Procedures (~6-3.13.b) For increased clarity, the proposed ordinance lists various statutory and other types of transactions to which the Purchasing Procedures set forth in Section 6-3 do not apply. Such exemptions include the City's: (1) purchase or lease of real property; (2) payment of utility bills; (3) procurement of insurance and bonds; (4) procurement of legal notice publication and other advertising; (5) procurement of art in public places; (6) employee and officer expenditures for travel, education, dues, memberships and per diems; and (7) purchases made by homeowners utilizing HOME fund grants. Fiscal Impact: Some savings in terms of administrative time due to utilization of streamlined procedures may be realized. Cost and time savings are also expected to be realized through the participation in cooperative purchasing programs. Coordinated With: City Manager's Office Attachments: Attachment A - Purchasing Surveys and Summaries (6 pages) Attachment B - Proposed Revised Ordinance (13 pages) Attachment C - Redline Version of Proposed Ordinance Showing Revisions (13 Pages) 4 ATTACHMENT A 1. Survevs of Cities Reaardina Purchasina Thresholds. A. Department Director's Threshold: Survey Conducted by City of Lynwood of Neighboring Cities o As noted in the table below, several surrounding cities have Department Director purchasing authority thresholds which exceed Lynwood's current Limits. City DeDartment Director $1,000; all purchases $1,000 and above require a Purchase Order with 3 Bell Gardens bids. All purchases require a purchase order with three bids with appropriate Cerritos aoorovals. Huntlnoton Park $2,000; Anv purchases under $2,000 do not reouire a PO. $1,000; all purchases $1,000 and above require a Purchase Order with 3 Lakewood bids. B. City Manager's Threshold: Tahoe Regional Planning Agency ("TRPA'? Purchase Limits/Authorities Survey (survey attached) o The attached survey shows that many California cities permit their Purchasinq Officers andlor their Citv Manaaers to award contracts and purchases in excess of the $15,000.00 per transaction limit currently in effect under Ord. 1571. Some do not have any limits for the City Manager. C. California Society of Municipal Finance Officers ("CSMFO'? Purchasing Survey (survey attached). o The attached CSMFO Survey of 32 cities (2 pages) lists many other California cities with purchasing thresholds in excess of those currently permitted by Ord. 1571. o Twenty four (24) cities allow City Manager approval up to $25,000. o Six (6) cities allow City Manager approval of up to $50,000. Attachment A 1 2. Number of City of Lvnwood Transactions and Averaae Dollar Value of Transactions bv Purchasina Ranae. #of Average Tran$ac:tion Purchase Dollar Arnount Transactions Amollnt . Purchases up to $1,000 12,153 $ 202.00 Purchases between $1,001 - $29,999 2,419 $ 5,087.00 Purchases of $30,000 and above 318 $ 208,602.00 14,890 .. The above transactions only include routine and service transactions entered FY 05/06. 3. Contract Breakdown for Professional Services for: (Based on Contracts entered in FY 05/061. Contracts Under $50,000 Contracts over $50,000 .. Based on contracts entered FY 05/06. the CITY contracts. 75 9 Previous total provides were based on all Attachment A 2 nlL.lL.d.I,;UUR:I..lL fl. - rat:;t: J I TRPA Purchase Limits/Authority Survey Contract authority level (up range if ,~oencv to amount) Bid requirement Award Authority different Approval Authority I Danvitle 2,500 none Department/supervisor 10,000 informal Department/supervisor 15,000 informal Town Manager 25,000 formal Town Manager 50,000 formal Finance Committee 50,000+ formal Town Council Hollister 2,500 none Department Head 5,000 informal Finance Director 15,000 formal City Manager 15,000+ formal City Manager 100,000 ememencv Citl'Man~r Oroville 1,000 none Department/supervisor 5,000 informal Some items go to City Council 5,000+ formal M'!}'llrjc>ld charter reauirement) Rancho Cucamonga 1,00P P-card 5,000 Managers 1,500 informal 10,000 Dapt Head 10,000 formal 20,000 City Manager 20,000+ Council Sacramento 100 none staff o managers 5,000 informal (raising limit to 25,000) o Dapt Head 100,000 formal 0 Purch. Agent 100,000 City Manager 100,000+ Council India _ 1,000 none 25,000 informal 25,000+ formal Arcadia 2,500 none Department 30,000 informal Admin. Services Director 30,000+ formal CJty Council Dixon 500 none Department head/designee 10,000 informal Department head 10,000+ formal City Manaeer + Council author. Oxnard 2,500 direct PO Departmental managers 25,000 informal 100,000 informallwritten 100,000+ formal City Manager Clovis 1 ,000 none Department Heads 10,000 informal Department Heads 10,000+ formal 25,000 City Manager 25,000+ City Council EI Monte 1,000 none Department managers 5.000 informal Department managers 5,000+ formal 50,000 Purchase Agent 5,0000+ City Manager Camarilla 2,500 none Departmental managers /"".~ - 15,000 informal Department heads ( \ 15,000+ formal City Council \, Ridgecrest / 2,500 none Department heads "-~ 10,000 Finance Director 25,000 City Manager 25,000+ Formal City Council Daly City 5,000 none Department 50,000 informal Purchase officer 50,000+ formal ~ Council Albany 1,000 none Department head 5,000 Purchase Order Department head if budgeted 15,000 informal Finance Director 15,000+ formal G!!Y Administrator Lt.LLiiCIlJIleUL a. - rage q. TRPA Purchase Limits/Authority Survey Contract authority Level (up range if Anenc" to amount) Bid requirement Award Authority different Approval Authority Santa Clarita 1,000 none 2,000 informal 10,000 written informal 50,000 City manager 1 0,000+ formal 50,000+ Citv Council San Clemente 5,000 none Department managers _. 10,000 Department head 10,000+ City Manager 25,000+ Council(~~b.works) Yuba City $500 none Authorized personnel $5,000 Department head $5,000 informal $25,000 Purchase Agent $25,000 written informal $25,000+ City Council $25,000+ formal Berkeley o direct o Managers 5,000 informal o Department Heads 25,900 formal 25,000 Purchase Agent 25,000 City manager 25,000 + City Council San Luis Obispo 5,000 voucher/PO Department general 25,000 informal Department 100,000 formal City Administrator 100,000+ formal Citv Conci! Consultant 5,000 voucher/PO Department 25,000 Informal Department 25,000+ formal City Administrator Sunnyvale 1,000 Purchase card Employee o Department Heads 5,000 direct Purchasing 50,000 Purchase Agent 25,000 informal 50,000 City Manager 50,000 formal Purchasing 50,000+ City Council 50,000+ formal City Council What We Proposed 6,000 Direct Authorized personnel 16000+ written Informal Project Manager/Department Head 25,000 Informal Project ManagerlDepal1ment Head 25,000+ formal Executive - If bUdgeted over $50,000 100 000+ formal Govemlna Board Key to bid reqtJlrenwnts none nOgl\ldallcefbe;st expenence diiect q[~ect purchaSr at vendor ~rcmal ?i1;O\;~ f#-1tW'h0~iP:igs . sometimes notes to document wnttet1Jptglfrial., telt~fioue;i;JU<;iJefonowed up by written plOposal - _._.__~t!iJ!&~~m.=.~_ _ _ ~-~"~~-~~~--,.~~'~-,--~,=~-- i~S i i C 1_ W I I @ ._ .: ;:: '~~- ~ I {l r; -8..c"1 m 13 a' ~ s ~.... f; c: I ! 0.. :. a: I ~ ~ E rnl I I;i;.=> 12<,j "'5 "f'. 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'I : I I I , , , 51 ~ "', u' S ~ 32 8 E " "' EO " :iE ;; :.J 1ii s:: o! t: - ,2-; " " :: :c ^ ^ ^ J\~I'~ ~ N N I ;;--IA-'" 1- ..- 88 8 g .0 g ~ ^ ^ 8.8. g 8 N10 '" ^ I ~I ~,~ ! tV 0 ! U:;! I ~ 111 111 _L ~ _I &l..r:g_ I=-' i ~ , ~ ! i:5 ~I EI e IL <II 1] 'i:; " ~ ~ I!! ,i; ~ i U "i:: ffi "e ~ ,::i - -t , " 2 <II " '" o -, " <= ~ "E '" " x o '" 0) ;!! ;;; ::; 0) .E C => o " " T'-~ I I , I I III .'" I~ I'" I~ .-1-::;. , I I I iii >- ~I " <= '" 0 j~J 1] => ,;; -' Cli ~ 1] '" " <= ., uQ Attachment B ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SUBSECTIONS 6-3.1 THROUGH 6-3.13 OF THE L YNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6-3.1 THROUGH 6-3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF INCREASING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT DIRECTORS, ESTABLISHING INCREASED LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY WHEREAS, the City Council of the City of Lynwood (the "Council") adopted Ordinance No. 1571 in December 2005 to update and streamline the City's decades old purchasing and professional services procurement procedures to increase efficiency, cost effectiveness and responsiveness; and WHEREAS, by adopting Ordinance No. 1571, the Council also delegated authority to the City Manager to enter into and execute certain contracts on behalf of the City pursuant to provisions of state law and the guidelines set forth in that Ordinance; and WHEREAS, the new procedures implemented by Ordinance No. 1571 require additional fine-tuning to maximize efficiency in the purchasing function, work smoothly with City's new Financial System hardware/software and to bring the purchasing and signature authority limits of certain City personnel in line with the levels utilized by a broad spectrum of cities around the state; and WHEREAS, the Council desires to provide additional purchasing flexibility and value for the City by permitting the Purchasing Officer to participate in cooperative and "piggyback" purchasing arrangements with other public agencies when such procurements methods are in the best interest of the City. NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. That Subsections 6-3.1 through 6-3.13 of Section 6-3 of Chapter 6 of the Code ofthe City ofLynwood are hereby repealed in their entirety. I Attachment B Section 2. That new Subsections 6-3.1 through 6-3.13 of Section 6-3 of Chapter 6 are added to the Code of the City of Lynwood, which Subsections shall read as follows: 6-3 PURCHASING 6-3.1 Definitions. For purposes of this Section, the following words shall have the following meanings: "Agency or Agencies" shall mean the Lynwood Redevelopment Agency, the Lynwood Information Inc., the Lynwood Public Finance Authority, the Lynwood Utility Authority or any other local body created by ordinance, resolution or formal action of the City Council of the City of Lynwood. "Bidder's List" shall mean a list of responsible prospective or current vendors capable of providing the items being bid upon. "Equipment" shall mean furnishings, machinery, vehicles, rolling stock, and other personal property used in the City's business. "Emergency" shall mean a situation in which there is an immediate threat to life or property or when there is or would be a complete disruption of a vital public service. "Routine Services" are services such as janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background, training, and obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performance. "Professional/Special Services" shall mean services which require special performance criteria; special or specific equipment; specific experience, knowledge, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cost to the City. Such services include, but are not limited to those provided by attorneys, architects, engineers, land surveyors, construction managers, appraisers, experts, accounting firms, security firms, computer consultants/progranuners and/or other specialized consultants.. Professional/special services do not include services rendered by City officers or employees. "Purchase" shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies. "Purchasing Officer" shall mean the City Manager or his/her designee. "Specifications" shall mean a description of the physical and/or functional characteristics or the nature of the required goods and/or services. 2 Attachment B "Supplies" shall mean office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City's business, excepting supplies or materials included in a construction contract or bid specification for a public works project. 6-3.2 Centralized Purchasing System Adopted. There is hereby adopted a centralized purchasing system in order to establish efficient procedures for the procurement of supplies, equipment and routine services for the City and its Agencies; to exercise financial control over purchases; to clearly define authority for the purchasing function and to conserve public funds through the reduction of costs. 6-3.3 Purchasing Officer Duties. a. The City Manager is hereby appointed and shall serve as the City Purchasing Officer. The City Manager shall have the authority to delegate in whole or in part to qualified City officers or employees the responsibilities and authority for carrying out all aspects of the purchasing system, provided that the City Manager maintains oversight and receives quarterly reports regarding the purchasing function from all such designees. b. Subject to the provisions of this Section, the duties and responsibilities of the Purchasing Officer shall include but not necessarily be limited to the following: I. To prepare, distribute and maintain administrative regulations and procedures consistent with the provisions of this Code governing the purchase of supplies, equipment and routine services for the City and its Agencies; 2. To prepare, distribute and maintain administrative regulations and procedures consistent with this Code for the sale of surplus property; 3. To purchase or contract for all supplies, equipment and routine services needed by the City and its Agencies in accordance with purchasing rules, regulations and procedures as provided for in this Section and such other rules and regulations as shall be prescribed; 4. To procure for the City and its Agencies the highest quality in supplies, equipment and routine services at the least expense; 5. To discourage uniform bidding and to endeavor to obtain as full and open competition as possible on all purchases and sales; 6. To keep informed of current developments in the field of purchasing, prices, market conditions and new products; 7. To ensure the inspection of all supplies and equipment purchased to guarantee conformance with specifications and adherence to standards of quality, 3 Attachment B including, as required, chemical and physical tests of samples submitted with bids and samples of deliveries to determine conformance with specifications set forth in the order; 8. To direct the transfer of surplus or unused supplies and equipment between Departments as needed; 9. To sell all supplies, equipment and other property of the City and its Agencies which has been declared surplus or which has become unsuitable for use by the City or its Agencies; 10. To maintain financial and other records as necessary for the efficient operation of the purchasing system; II. To prescribe and maintain such forms as are necessary for administration of the purchasing system. 6-3.4 Appropriated Funds Prerequisite to Contract or Purchase Order. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order nor award any contract for supplies, equipment, routine services or professional/special services unless there exists an available, non-committed balance in the account against which the purchase is to be charged. Subject to budgetary restrictions, the Purchasing Officer may transfer funding from other sources to ensure sufficient balances to the extent that such transfers are normally allowed without City Council approval. The Purchasing Officer shall obtain City Council approval for additional funds for purchases lacking the available uncommitted funding. 6-3.5 Estimates of Requirements; Requisitions, Purchase Orders and Contracts. a. All City Departments and Agencies must file detailed estimates of their requirements for supplies, equipment or routine services in such manner, and at such times, and for such future period( s) as the Purchasing Officer shall prescribe. b. Except as permitted under Subsection 6-3.7.b.l(c), any City Department or Agency requesting supplies, equipment or routine services shall submit to the Purchasing Officer a requisition on the Purchasing Officer's approved form prior to initiating any procurement. c. Except as permitted under Subsection 6-3.7.b.l(c), purchases of supplies, equipment and routine services shall be made only by purchase orders issued by the Purchasing Officer. Such purchases may also be made with such other contractual document as the Purchasing Officer determines is necessary. To the extent possible, purchase orders and/or contracts must be entered into for the entire fiscal year's worth of purchases, or for the entire length of the approved contact. 4 Attachment B 6-3.6 Cooperative Purchasing. a. The Purchasing Officer shall have the authority to join with other public agencies to utilize cooperative purchasing plans or programs. such as the California Multiple Award Schedule ("CMAS") or U.S. Communities, to purchase supplies, equipment or routine services using purchase orders or contracts when such cooperative purchasing plans or programs are determined by the Purchasing Officer to be in the City's best interest. The Purchasing Officer may buy directly from a vendor at a price established by another public agency when the other agency has made its purchase in a competitive manner which the Purchasing Officer has determined is in harmony with the City's purchasing procedures. b. The purchasing authority limits set forth in Subsection 6-3.7 shall apply to any such cooperative purchases. 6-3.7 Bidding Procedures and Purchasing Authority Limits. a. There are three levels of authority for purchases which are determined by dollar amount: Department Director Purchase, Open Market Purchase and Formal Bid Purchase. Except as specifically permitted otherwise by the provisions of this Section, a formal purchase order, approved by the requesting Department Director and the Purchasing Officer or his/her designee is required for all purchases where any single item/purchase exceeds $1,000.00, in advance of the procurement. b. When making purchases for supplies, equipment or routine services, the following procedures shall be followed: I. Department Director Purchase: Up to $1,000.00. (a) Any Department Director or the City Manager may authorize the purchase of supplies, equipment or routine services as needed for his or her area of responsibility for purchases up to $1,000.00. (b) No competitive bidding procedures shall be required, provided the Department Director keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All such purchases shall be made within the existing budget, using the available and uncommitted balances. (c) Purchase orders shall be issued for all transactions, regardless of the amount of the purchase. 2. Open Market Purchase: $1,000.01 to $30,000.00. (a) Purchases of supplies, equipment and routine services where the dollar amount involved is $1,000.01 to $30,000.00 shall be made by the 5 Attachment B Purchasing Officer. If in the Purchasing Officer's reasonable discretion the amount, urgent need and/or timing ofthe purchase so warrants, the purchase may be made using the Open Market Purchase procedure detailed below without observing the formal competitive bidding procedures prescribed in Subsection 6-3.7. b.3. (I) Open market purchases shall, whenever possible, be based on at least three (3) bids and shall be awarded to the lowest responsible and responsive bidder. (2) The Purchasing Officer or his/her designee shall solicit bids by written request to prospective vendors, by telephone and/or by public notice posted on a public bulletin board in City Hall and on the City's Website. (3) Bids given pursuant to this Subsection shall be submitted to the Purchasing Officer in writing. (4) If a bid is received, the Purchasing Officer shall keep a record of all open market orders and bids for a period of one (I) year after the submission of bids or the placing of orders. This record, while so kept, shall be open for public inspection. 3. Formal Bid Purchase: Over $30,000.00 (a) Except as otherwise authorized in Subsection 6-3.13, purchases of supplies, equipment and routine services in excess of Thirty Thousand ($30,000.00) Dollars shall be by formal competitive bid in accordance with the following provisions: (I) Published notice. A notice inviting bids shall be published at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published at least twice, not less than five (5) days apart in a newspaper of general circulation printed and published in the City, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the Purchasing Officer deems appropriate may be made. (2) Notice inviting bids. Notices inviting bids shall include a general description of the supplies, equipment or routine services to be purchased, state where bid forms and specifications may be secured and the time and place for the opening of bids and any other information material to the submission of a bid. 6 Attachment B (3) Bidder's list. The Purchasing Officer shall maintain a list of responsible bidders for various categories of supplies or equipment. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for the category of equipment, supplies or routine services subj ect to the bid request. (4) Bulletin board and Website. The bid invitation shall be posted on a public bulletin board in City Hall and shall also be posted on the City's Website. (5) Bid Submission Procedure. Sealed bids shall be submitted to the Purchasing Officer or to the City Clerk, as determined by the Purchasing Officer and set forth in the notice inviting bids. Sealed bids shall be identified as to bidder, project, and bid on the envelope. (6) Bid opening procedure. Bids shall be opened by City staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received, and shall be open for public inspection during regular business hours for a period of not less than thirty (30) days after the bid opening. (7) Rejection of bids. In its discretion, the City Council may reject any bids presented and may re-advertise for bids. (8) Tie bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, the Council may accept either bid. (9) No bids. If no bids are received, the City Council may have the supplies, equipment or routine services purchased in the open market without further compliance with the bidding procedures specified in this Subsection. (10) Performance bonds. The City Council may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids (II) Bid evaluation procedures. All bids shall be analyzed by Purchasing Officer and the Department Director requiring the supplies, equipment or routine services for compliance with bid specifications, and the Department Director shall make a recommendation to the Purchasing Officer who shall in turn make a recommendation for award or rejection to the City Council. 7 Attachment B (12) Award of contracts. Contracts shall be awarded by the City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the notice inviting bids. Unless specified otherwise on a case-by-case basis by resolution of the City Council, all such contracts shall require the signature ofthe Mayor, or in his/her absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code SS 40601 and 40602. d. The purchasing procedures described in this Subsection shall not apply to public works projects/contracts, professional/special services contracts, purchases made by homeowners utilizing HOME fund grants or to any employee or officer expenditures or reimbursements involving travel, education, dues, memberships or per diems. 6-3.8 Report and Sale of Obsolete and Surplus Supplies and Equipment. a. All City Departments and Agencies shall submit to the Purchasing Officer, at such times and in such form as he/she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. b. The Purchasing Officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for use by the City or its Agencies or to exchange or trade in the supplies and equipment for new supplies and equipment. Such sales shall be made pursuant to those provisions of this Section which are applicable. 6-3.9 Professional/Special Services. a. In contracting for professional/special services, such contracts should only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed. b. Once the Department or Agency requesting the professional/special service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The City's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the Department or proposed by the contractor. c. Request for proposal/qualifications. The acquiring of professional/special services shall be procured through a negotiated contract and should include requests for proposals/qualifications (RFP/Q). Soliciting bids for professional/special services is decentralized and shall be the responsibility of the Department Director requesting the 8 Attachment B service. The Purchasing Officer may be contacted to assist in the formal request for proposal/qualification (RFP/Q) process. d. Contracts for Fifty Thousand ($50,000) Dollars or Less. I. In non-emergency situations, the requesting Department should contact a minimum of three (3) consultants/firms. 2. Unless the City Council authorized the entering into or the award of a specific contract for professional/special services, the Purchasing Officer shall approve in writing the award of all such contracts, taking into consideration the recommendation of the Department Director requesting the professional/special services at issue. 3. The Purchasing Officer or hislher duly authorized designee is authorized to approve professional/special service contracts with an estimated cost of $50,000.00 or less. e. Contracts over Fifty Thousand ($50,000) Dollars. In non-emergency situations, Departments should utilize the following Sealed Request for Proposal process: I. RFP /Q solicitation process. A formal Sealed Request for Proposal Qualification (herein "RFP/Q") document should be developed for solicitation of professional services contracts over Fifty Thousand ($50,000) Dollars. 2. Advertisement. The Department should advertise in appropriate publications and/or use the Professional Services Listings, as available, during the solicitation process. 3. Fourteen (14) to Twenty-one (21) day notice. Notice inviting RFP/Q's should be posted at City Hall and on the City's Website at least fourteen (14) calendar days before the due date of submission of the RFP/Q. 4. Notice contents. The notice shall at least describe the general type of service needed, how the RFP/Q minimum Scope of Work can be obtained, the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP/Q. 5. Solicitation procedure. Sealed Request for Proposals/Qualifications should be submitted directly to the requesting Department. RFP/Q's need not be opened publicly. Departments shall analyze proposals for compliance with RFP/Q requirements, value ofthe total scope of services and make a recommendation to City Council for selection, or for follow up interviews of those submitting proposals. 9 Attachment B 6. A ward. Contracts for professional/special services in excess of Fifty Thousand ($50,000.00) Dollars require the approval of the City Council, and unless specified otherwise on a case-by-case basis by resolution of the City Council, the signature of the Mayor, or in hislher absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code 99 40601 and 40602. f. Contracts for professional/special services should be on the City's standard form and shall be reviewed and approved as to form by the City Attorney. 6-3.10 City Manager Authority to Execute Specified Contracts. a. The City Manager or his/her duly authorized designee shall be authorized to sign on behalf of the City all purchase orders or contracts for procuring supplies, equipment and routine services which do not exceed a total purchase order or contract amount of $30,000.00 in anyone fiscal year period. The City Manager or his/her duly authorized Designee shall be authorized to sign on behalf of the City all contracts for professional/special services which do not exceed a total contract amount of Fifty Thousand ($50,000.00) Dollars in anyone fiscal year period. b. By resolution, and on a case-by-case basis, the City Council may also direct the City Manager to execute on behalf of the City specific purchase orders and/or contracts for procuring supplies, equipment and routine or Professional/Special services which exceed the thresholds set forth in Subsection 6-3.1 O.a of this Code. 6-3.11 Report of Purchases. a. The City Manager shall file a report of purchases with the City Council on a semi- annual basis. The report shall account for all purchases of supplies, equipment or routine services and all contracts for professional services exceeding Five Thousand ($5,000.00) Dollars which were made without prior City Council approval during the preceding six- months of each fiscal year. b. The report shall identify the subject matter of the purchase order or contract, the requesting Department, the person or entity from whom the purchase was made, and the amounts paid or payable by the City or its Agencies under each such purchase order or contract. 6-3.12 Splitting Purchases or Contracts; Conflict of Interest. a. No officer or employee of the City or its Agencies shall split or separate a purchase of supplies, equipment or a contract or purchase order for routine services or professional/special for the purpose of evading the provisions of this Section. The acquisition of supplies, equipment and routine services should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer. 10 Attachment B b. No City employee who participates in the selection or approval of a vendor, consultant, product, source or specification, or who has supervisory responsibility for any such employee, shall have any financial interest in the business entity which furnishes the services, supplies, material or equipment being purchased. 6-3.13 Exceptions. a. Any provisions of this Section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies, equipment, routine or professional/special services under any of the following circumstances: I. When an emergency requires that an order be placed with the most available source of supply; or 2. When the supplies, equipment, services or contract could be obtained from only one (I) source; or 3. If the City Council shall find, by resolution adopted by not less than four- fifths (4/5) of its membership, that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure; or 4. When the City is seeking a contract for garbage collection; or 5. When the Purchasing Officer utilizes cooperative purchasing methods he/she has determined to be in the best interest of the City pursuant to Subsection 6-3.6; or 6. Where the items to be purchased are required to match or be compatible with other furnishings, materials or equipment previously purchased by the City or where the furnishings, types of materials or equipment that have been standardized for the City by the City Council. b. The exceptions listed above shall not apply to contracts for public projects or public works projects. c. The following types of purchases/acquisitions/transactions are exempt from all provisions of this Section. However, other provisions of state law, this Code or resolutions of the City Council may apply. I. Payment by the City of utility services and related charges; 2. Acquisitions of real property by lease or purchase and related title and escrow fees; 3. Procurement of insurance and bonds; 11 Attachment B 4. Procurement of advertising or publishing of public/legal notices in magazines, newspapers or other media; 5. Procurement of works of art in public places; 6. Employee or officer expenditures or reimbursements involving travel, education, dues, memberships or per diems; 7. Purchases made by homeowners utilizing HOME fund grants. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 4. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 5. The City Clerk of the City of Lynwood is hereby directed to certifY to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. 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: Approved as to content: Andrea L. Hooper, City Clerk N. Enrique Martinez, City Manager Approved as to form: 12 Attachment B 1. Arnoldo Beltran, City Attorney 13 Attachment C ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING SUBSECTIONS 6-3.1 THROUGH 6-3.13 OF THE LYNWOOD MUNICIPAL CODE IN THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6-3.1 THROUGH 6-3.13 AMENDING THE CITY'S PURCHASING PROCEDURES FOR THE PURPOSES OF INCREASING THE PURCHASING AUTHORITY LIMITS OF THE PURCHASING OFFICER AND DEPARTMENT DIRECTORS, ESTABLISHING INCREASED LEVELS OF AUTHORITY FOR EXECUTION OF CONTRACTS BY THE CITY MANAGER AND PERMITTING THE PURCHASING OFFICER TO UTILIZE COOPERATIVE PURCHASING ARRANGEMENTS WHEN SUCH PROCUREMENT METHODS ARE IN THE BEST INTERESTS OF THE CITY WHEREAS, the City Council of the City of Lynwood (the "Council") adopted Ordinance No. 1571 in December 2005 to update and streamline the City's decades old purchasing and professional services procurement procedures to increase efficiency, cost effectiveness and responsiveness; and WHEREAS, by adopting Ordinance No. 1571, the Council also delegated authority to the City Manager to enter into and execute certain contracts on behalf of the City pursuant to provisions of state law and the guidelines set forth in that Ordinance; and WHEREAS, the new procedures implemented by Ordinance No. 1571 require additional fine-tuning to maximize efficiency in the purchasing function, work smoothly with City's new Financial System hardware/software and to bring the purchasing and signature authority limits of certain City personnel in line with the levels utilized by a broad spectrum of cities around the state; and WHEREAS, the Council desires to provide additional purchasing flexibility and value for the City by permitting the Purchasing Officer to participate in cooperative and "piggyback" purchasing arrangements with other public agencies when such procurements methods are in the best interest of the City. NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. That Subsections 6-3.1 through 6-3.]3 of Section 6-3 of Chapter 6 of the Code of the City ofLynwood are hereby repealed in their entirety. Attachment C Section 2. That new Subsections 6-3.1 through 6-3.13 of Section 6-3 of Chapter 6 are added to the Code of the City of Lynwood, which Subsections shall read as follows: 6-3 PURCHASING 6-3.1 Definitions. For purposes of this Section, the following words shall have the following meanings: "Agency or Agencies" shall mean the Lynwood Redevelopment Agency, the Lynwood Information Inc., the Lynwood Public Finaoce Authority, the Lynwood Utility Authority or aoy other local body created by ordinance, resolution or formal action of the City Council of the City of Lynwood. "Bidder's List" shall meao a list of responsible prospective or current vendors capable of providing the items being bid upon. "Equipment" shall mean furnishings, machinery, vehicles, rolling stock, aod other personal property used in the City's business. "Emergency" shall mean a situation in which there is an immediate threat to life or property or when there is or would be a complete disruption of a vital public service. ~'Routine Services" are services such as janitorial, unifonn cleaning, maintenance and other services which do not require any unique skill, special background, training, and obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performaoce. "ProfessionaVSpecial Services" shall mean services which require soecial oerfonnance criteria; soecial or specific equioment soecific exoerience. knowledge. traininl!.. personal iudgment. aualitv of work or factors other than simolv obtainine: the service at the lowest cost to the Citv. Stich services include. but are not limited to those orovided by .llttorney~,u architect~, engineer~, land surveyol], construction managerli, appraiser~, expertli, accounting firmli. security nrms. computer consultants/pro1!rammers and/or other soecialized consultant~. .Professional/special services do.not include services rendered by City officers or employees. uPurchase" shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies. "Purchasing Officer" shall mean the City Maoager or his/her designee. "Soecifications" shall mean a descrintion of the ohvsical and/or functional characteristics or the nature of the required goods and/or services. 2 l.~~!~~_:".~~_.~.~.~~_~~~~._~?:.~ "......J Deleted: or those services such as I computer services, security services and th . hi .. d.. o er services w ch reqUire In a dltlon I to the use of special or specific I equipment. special perfonnance criteria, specific experience, training, personal judgment, quality of work or factors other J than simply obtaining the service at the lowest cost to the City -_._-----~----_.__._._---~._._.__. Attachment C "Supplies" shall mean office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City's business, excepting supplies or materials included in a construction contract or bid specification for a public works project. 6-3.2 Centralized Purchasing System Adopted. There is hereby adopted a centralized purchasing system in order to establish efficient procedures for the procurement of supplies, equipment and routine services for the City and its Agencies; to exercise financial control over purchases; to clearly define authority for the purchasing function and to conserve public funds through the reduction of costs. 6-3.3 Purchasing Officer Duties. a. The City Manager is hereby appointed and shall serve as the City Purchasing Officer. The City Manager shall have the authority to delegate in whole or in part to qualified City officers or employees the responsibilities and authority for carrying out all aspects of the purchasing system, provided that the City Manager maintains oversight and receives quarterly reports regarding the purchasing function from all such designees. b. Subject to the provisions of this Section, the duties and responsibilities of the Purchasing Officer shall include but not necessarily be limited to the following: I. To prepare, distribute and maintain administrative regulations and procedures consistent with the provisions of this Code governing the purchase of supplies, equipment and routine services for the City and its Agencies; 2. To prepare, distribute and maintain administrative regulations and procedures consistent with this Code for the sale of surplus property; 3. To purchase or contract for all supplies, equipment and routine services needed by the City and its Agencies in accordance with purchasing rules, regulations and procedures as provided for in this Section and such other rules and regulations as shall be prescribed; 4. To procure for the City and its Agencies the highest quality in supplies, equipment and routine services at the least expense; 5. To discourage uniform bidding and to endeavor to obtain as full and open competition as possible on all purchases and sales; 6. To keep informed of current developments in the field of purchasing, prices, market conditions and new products; 7. To ensure the inspection of all supplies and equipment purchased to guarantee conformance with specifications and adherence to standards of quality, 3 Attachment C including, as required, chemical and physical tests of samples submitted with bids and samples of deliveries to determine conformance with specifications set forth in the order; 8. To direct the transfer of surplus or unused supplies and equipment between Departments as needed; 9. To sell all supplies, equipment and other property of the City and its Agencies which has been declared surplus or which has become unsuitable for use by the City or its Agencies; 10. To maintain financial and other records as necessary for the efficient operation of the purchasing system; II. To prescribe and maintain such forms as are necessary for administration of the purchasing system. 6-3.4 Appropriated Funds Prerequisite to Contract or Purchase Order. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order nor award any contract for supplies, equipment, routine services or professional/special services unless there exists an available, non-committed balance in the account against which the purchase is to be charged. Subject to budgetary restrictions, the Purchasing Officer may transfer funding from other sources to ensure sufficient balances to the extent that such transfers are normally allowed without City Council approval. The Purchasing Officer shall obtain City Council approval for additional funds for purchases lacking the available uncommitted funding. 6-3.5 ,Estimates of Requirement!\.: Reauisitions. Purchase Orders and Contracts. L-All City Departments and Agencies must file detailed estimates of their requirements for supplies, equipment or routine services in such manner, and at such times, and for such future period(s) as the Purchasing Officer shall prescribe. . J;1, Except as permitted under Subsection6:3.7.b. l(!;), any City Department or Agency requesting supplies, equipment or routine services shall submit to the Purchasing Officer a requisition on the Purchasing Officer's approved form prior to initiating any procurement. J;" Except as permitted under Subsection 6-3. 7.b.I(fl, purchases of supplies, equipment and routine servicessl1all be madeolliy by purchase ()rdersisslled bY the Purchasing Officer. Such Durchases may also be made witht~~~h,~_t_~~~_~t?~~~~~~a.I__ document as the Purchasing Ottice!" ,determines is necessary.. To the extent possible,. purchase orders and/or contracts must be entered into for the entire fiscal year's worth of purchases, or for the entire length of the approved contact. 4 (~~~~_~.!.;~"~~_~i~!...~..~.-_-_] j Deleted, . I [Del""""~______ Deleted: <#>Requisitions and PurchaseOrders.l![ , , ..............1 J ( Deleted, b , i t~:;:::;;, i J Attachment C 6-3.6 Cooperative Purchasini!. a. The Purchasim!. Officer shall have the authoritv to ioin with other public allcncies to utilize cooperative ourchasing plans or orof!rams. such as the California Multiole Award Schedule ("CMAS") or u.s. Communities. to purchase supolies. eauioment or routine services using purchase orders or contracts when such cooperative purchasing plans or orOf!rams are determined bv the Purchasing Officer to be in the City's best interest. The Purchasing Officer may buy directly from a vendor at a orice established bv another public agency when the other agency has made its purchase in a comoetitive manner which the Purchasinl! Officer has determined is in harmony with the City's oLlrchasin!.!. procedures. b. The purchasing authority limits set forth in Subsection 6-3.7 shall anplv to anv such cooperative Durchases. 6-3.7 Bidding Procedures and Purchasing Authority Limits. a. There are three levels of authority for purchases which are determined by dollar amount: Department Director Purchase, Open Market Purchase and Formal Bid Purchase. Except as specifically permitted otherwise by the provisions of this Section. a formal purchase order, approved by the requesting Department Director and the Purchasing Officer or hislher designee is required for all purchases where any single item/purchase exceeds $1.000.00, inadvance of the procurement. b. When making purchases for supplies, equipment or routine services. the following procedures shall be followed: I. pepartment Director Purchase;, Upto$,J.OOO,OO, (a) Any Department Director or the City Manager may authorize the purchase of supplies, equipment or routine services as needed for his or her area of responsibility for purchases up to $] .OOO.O(L (b) No .competitive bidding procedures shall be required, provided the" Department Director keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All such purchases shall be made within the existing budget, using the available and uncommitted balances. (c) 'purchase orders ,'ihall pe issued for a]l\J:ansactions. regardless of the amount of the purchas"," 2. Open Market Purchase: $lJ)OO.OI.to$,jQ,OOO,OO.u (a) Purchases of supplies, equipment and routine services where the dollar amount involved is $,1.000,0 Ito$;).Q,OOO,OO shallbemadebythe 5 t.c>e-'-"!"d: sao.oo _____~ ~: ;,'" Deleted: 500,00 _ ",( Formatted: Font: Italic , " ~Ieied: 500.00 . -, ".-J j , [D~ieted: purchase req~sltlOn, purchase order or ~I~d: o;~~;~~oDirector "I , Purchases in amounts over $500.00 (but i less than $1,000.00) shall require a ' purchase order; bowever, the approval of the Purchasing Officer shall ootbe required Inserted: Department Direclor Purchases in amounts over $500.00 (hut less than $1,000,00) shall require a purchase order; however, the approval of the Purchasing Officer shall not be ,--required. . "C~_~~:~:~___....... ....._._....._....J Deleted: also , " Deleted: , when Deleted: , '- - - - - Deleted: or when the complexity oftbe transaction demands a formal document for clarity ~et;d7'"so;;~"'''",-~~=o=~='='"'.'.'"=1 1. Deleted: l' J (Deleted: '00.01 J (~~~~~~_.._.._~ "."-----.--.. ......_.::_" vendor Attachment C 3. Purchasing Officer. If in the Purchasing Officer's reasonable discretion the amount, urgent need and/or timing of the purchase so warrants, the purchase may be made~lsin~theOoenMarketPurchaseprocedure detailed below without observing the formal competitive bidding procedures prescribed in Subsection 6-3.7.b.3. (I) Open market purchases shall, whenever possible, be based on at least three (3) bids and shall be awarded to the lowest responsible and resoonsive bidder. (2) The Purchasing Officer or his/her designee shall solicit bids by written request to prospective vendors, by telephone and/or by public notice posted on a public bulletin board in City Hall and on the City's Website. (3) Bids given pursuant to this Subsection shall be submitted to the Purchasing Officer in writing. (4) [fa bid is received, the Purchasing Officer shall keep a record of all open market orders and bids for a period of one (I) year after the submission of bids or the placing of orders. This record, while so kept, shall be open for public inspection. Formal Bid Purchase; Qver$,lQ,OOO,OO ~Except as. otherwise authorized in Subsection 6~3, 13, purchases of.. supplies, equipment and routine services in excess ofThiltY1bousand ($.}Q,OOO.OO) Dollars shall be byformal competitive bid in accordance with the following provisions: UL Published notice. Anoticeinvitingbidsshallbepublished at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published at least twice, not less than five (5) days apart in a newspaper of general circulation printed and published in the City, and also in appropriate trade publications, ifany, circulated within the general area. Such other notice as the Purchasing Officer deems appropriate may be made. (JL, Noticeinviting bids.,Notices invitingbids shallinc1ude a general description of the supplies, equipment or routine services to be purchased, state where bid forms and specifications may be secured and the time and place for the opening of bids and any other information material to the submission of a bid. 6 ~ ::::: ~~;--~-- ,- '1 " CDeleted: market- l (iieieied; ; { Deleted: 15 Deleted: """""J J -'J I I Deleted: Fifteen Deleted: IS C~_~~~_~,.~ ......J L Deleted: b .., _~..__._______,_,_,_....__......J Attachment C (.1)...... Bidder's list. The Purchasing Officer shall maintain a list.. of responsible bidders for various categories of supplies or equipment. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for the category of equipment, supplies or routine services subject to the bid request. (.1) Bulletin board and Website. The bid invitation shall be posted on a public bulletin board in City Hall and shall also be posted on the City's Website. Q). Bid Submission Procedure. Sealed bids shall be submitted to the Purchasing Officer or to the City Clerk, as determined by the Purchasing Officer and set forth in the notice inviting bids. Sealed bids shall be identified as to bidder, project, and bid on the envelope. (.Q).. Bid opening procedure, . Bids shall be oJlened by City staff. in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received, and shall be open for public inspection during regular business hours for a period of not less than thirty (30) days after the bid opening. Q.)Rejectionofbids. In itsdiscretion, the City Council may reject any bids presented and may re-advertise for bids. W . Tie bids. Iftwo(2)ormorebidsreceived areforthesame total amount or unit price, quality and service being equal, the Council may accept either bid. (,2) No bids, Ifno bidsarereceived,theCityCouncilmay. have the supplies, equipment or routine services purchased in the open market without further compliance with the bidding procedures specified in this Subsection. QQ) Performance bonds. The City Councilmayrequire a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids illL Bidevaluation procedures. All bids shall be analyzed by Purchasing Officer and the Department Director requiring the supplies, equipment or routine services for compliance with bid specifications, and the Deoartmentp!~~~~~r_ ~h~l)_ _~~~~e _~_ re~_<?n-!~1!_enda~~~~ _t_q_ th~_ ~u~~_~~~!~g Officer who shall in turn make J:l_ !~comm_ef!~(l!~o~ for a~~~ .I?! !~jectio~ _~o the City Council. 7 {Delete<i:, {Oei;;t;;d;d---~------ .-.. ) [ Del~_~:, _____._ __.__._._............! l Deleted: -'"-__________.J rD';i';;;;d:~ CD;,iei;(i;h- ----OJ J C"!I~~:;::=:::::==== ] l"!'~~:L__.. J .l Deleted:_-'__________________J Deleted: Head Deleted: prepare a Te<:ommendation to the Department for award or rejection. The Department Director shall then I ~"~~~~ __'no.... __ ___.__'.m... ....1 Attachment C (.)1).... Award of contracts. Contracts shall be awarded by the City.. Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the notice inviting bids. Unless specified otherwise.on a .case~b)':case basis by resolution of. the Citv Council.,llll suchcontracts shallre'luire thesignature of the Mayor, or in hislher absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code 99 40601 and 40602. sI. The purchasing procedures described in this. Subsection shall not. apply to public works projects/contracts, professionaVspecial services contracts. purchases made bv h0j11eollJIfrs utilizing HOME fund grants or to any employee or officer expenditures or reimbursements involving travel, education......Q.!lcs. membershiIlli or per diems. 6-3.8 Report and Sale of Obsolete and Surplus Supplies and Equipment. a. All City Departments and Agencies shall submit to the Purchasing Officer, at such times and in such fortn as he/she shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. b. The Purchasing Officer shall have the authority to sell all supplies and equipment which cannot be used by any agency or which have become unsuitable for use by the City or its Agencies or to exchange or trade in the supplies and equipment for new supplies and equipment. Such sales shall be made pursuant to those provisions of this Section which are applicable. 6-3.9 ProfessionaVSpecial Services. a. In contracting for professional/special services, such contracts should only be awarded to firtns or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for morc than a satisfactory perfonnance of the services required in the time period needed. b. Once the Department or Agency requesting the professional/special service has detertnined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in detertnining to whom a contract shall be awarded. The City's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the Department or proposed by the contractor. c. Request for proposaVqualifications. The acquiring ofprofessionaVspecial services shall be procured through a negotiated contract and should include requests for proposals/qualifications (RFP/Q). Soliciting bids for professional/special services is decentralized and shall be tbe responsibility of the Department Director requesting the 8 ID~I;;t;;d:i n n u ......................... 1 -...-.----.-.-.-.----.-.-.--') - Formatted: Not Highlight Deleted: A ~d:c Attachment C service. The Purchasing Officer may be contacted to assist in the formal request for proposal/qualification (RFP/Q) process. d. Contracts for .['iftX Thousand ($2),000) Dollars or Less. I. In non-emergency situations, the requesting Department should contact a minimum ofthree (3) consultants/firms. 2. Unless the City Council authorized the entering into or the award of a specific contract for professionaVspecial services, the Purchasing Officer shall approve in writing the award of all such contracts, taking into consideration the recommendation ofthe Department Director requesting the professional/special services at issue. 3. The Purchasing Officer or his/her duly authorized designee is authorized to approve professional/special service contracts with an estimated cost of $,3),000.00 or less. _.... - _______un e. Contracts over .['itly Thousand ($,2Q,OOO) Dollars, _ In non-emergency situations,_ Departments should utilize the following Sealed Request for Proposal process: I. RFP/Q solicitation process. A formal Sealed Request for Proposal Qualification (herein "RFP/Q") document should be developed for solicitation of professional services contracts over fiftvThousand($,2j),OOO)Dollars.u 2. Advertisement. The Department should advertise in appropriate publications and/or use the Professional Services Listings, as available, during the solicitation process. 3. Fourteen (14) to Twenty-one (21) day notice. Notice inviting RFP/Q's should be posted at City Hall and on the City's Website at least fourteen (14) calendar days before the due date of submission ofthe RFP/Q. 4. Notice contents. The notice shall at least describe the general type of service needed, how the RFP/Q minimum Scope of Work can be obtained, the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP/Q. 5. Solicitation procedure. Sealed Request for Proposals/Qualifications should be submitted directly to the requesting Department. RFP/Q's need not be opened publicly. Departments shall analyze proposals for compliance with RFP/Q requirements, value of the total scope of services and make a recommendation to City Council for selection, or for follow up interviews of those submitting proposals. 9 F.;t,;;;;;;;;;;;;;-----------l ~I~~~-- ______ - __ - ; --I ( Deleted: 15 { Deleted: Fifteen C'?.~,~.~.~_:___~_~___ J t:=::;~'~-~______J Attachment C 6. Award. Contracts for professional/special services in excess of fifty Thousand (~,OOO.OO) Dollars require the approval of the City.Council,and' U}~J~~s_ :~9_~~J_fl_~~ .'?t_~~~~y_i:~~. ~~_ _'! _ ~_~~~~~y-_~~~~_ _~~si~_ ~~ ~~~_~o.I~!j~~_ ~r !~e_ ~)_ty__ Council. the signature of the Mayor, or in hislher absence, the Mayor Pro Tempore, pursuant to the provisions of Gov. Code ~~ 40601 and 40602. f. Contracts for professionaVspecial services should be on the City's standard form and shall be reviewed and approved as to form by the City Attorney. 6-3.10 City Manager Authority to Execute Specified Contracts. .ll,___ The City Manager or his/her duly authorized designee shall be authorized to sign on behalf of the City all purchase orders or contracts for procuring supplies, equipment ~!1g routine services which do not exceed a total purchase q..rdcr or contract amounL9i $30.000.00 in anv one fiscal vear aeriod. The Citv Manager or hislher dulv authorized Desienee shall be authorized to sign on behalf ortlle Citv all contracts for L professional/special services which do not exceed a total contract,amountoffiftyu Thousand ($,.2Q,000.00) Dollars in any one fiscal vearperiod. b. Bv resolution. and on a case-bY-case basis. the City Council may also direct the City Manager to execute on behalf orthe City specific purchase orders and/or contracts for procuring supplies. equipment and routine or Professional/Special services which exceed the thresholds set forth in Subsection 6-3.10.a of this Code. 6-3.11 Report of Purchases. a. The City Manager shall file a report of purchases with the City Council on a semi- annual basis. The report shall account for all purchases of supplies, equipment or routine services and all contracts for professional services exceeding Five Thousand ($5,000.00) Dollars which were made without prior City Council approval during the preceding six- months of each fiscal year. b. The report shall identiry the subject matter of the purchase order or contract, the requesting Department, the person or entity from whom the purchase was made, and the amounts paid or payable by the City or its Agencies under each such purchase order or contract. 6-3.12 Splitting Purchases or Contracts; Contlict of Interest. ~No officer or employee of the City or its Agencies shall split or separate a purchase of supplies, equipment or a contract or purchase order for routine services or professional/special for the purpose of evading the provisions of this Section. The acquisition of supplies, equipment and routine services should normally be made as a single purchase, when the need has been identified for multiples of items, related items, or similar items, which afe ordinarily available from the same vendor or manufacturer. 10 (F;~;;d;t';-"N~~;i-'-' lOeteted: Fifteen ' ("~'~~_.~"~""""""'"''''. Deleted: 15 , ~~~-.: Not Hi9h~~~_________j {~~I....d:" uuJ l D~I~: and _______ t!:!_!I~_~!__~.r.p~.~_~_~.~~_~~_~~_r_ [ Deleted: Fifteen C~!i_~_:_.~.~_....,._.~,.__-~-___~:___ =:3 ~ Attachment C b. No City emoloyee who oarticipates in the selection or aooroval of a vendor. consultant. product. source or soecification. or who has suoervisorv responsibility for any such employee, shall have any financial interest in the business entity which furnishes the services. supplies. material or equipment bel"!! PUI"chased. 6-3.13 Exceptions. a. Any provisions of this Section to the contrary notwithstanding, no competitive bidding of any kind (whether through informal open market procedures or through formal noticed procedures) shall be required to purchase supplies, equipment, routine or professional/special services under any of the following circumstances: I. When an emergency requires that an order be placed with the most available source of supply; or 2. When the supplies, equipment, services or contract could be obtained from only one (1) source; or 3. If the City Council shall find, by resolution adopted by not less than four- fifths (4/5) of its membershin, that such an acquisition may be more economically and efficiently effected through the use of an alternate procedure; or 4. When the City is seeking a contract for garbage collectio~u 5. When the Purchasing Officer utilizes cooperative ourchasinf! methods he/she has determined to be in the best interest of the City pursuant to Subsection 6-3.6: or 6, Where the items to be purchased are relltlired to match or be comoatible with other furnishings. materials or equipment oreviouslv purchased bv the City or where the fumishinf!s. types of materials or equipment that haye been standardized for the City by the City Council. b. The exceptions listed above shall not anply to contracts fbr public proiects or public works nrojects. ~. TheJollov.'ing tvpes ()f.gyrchases/affi..ui~itions/transactions are exempt from all QI.9visions of this Section. However. other Dl'Ovisions QJstatc law. this Code or resolutions of the City Council Olav aODlv. J. Payment bv the City of utili tv services and related charges: 2. Acquisitions of real nroperty bv lease or purchase and related title and escrow ..- fees: 3. Procurement of insurance and bonds: II CD.;j;;t;;d;---- ................) Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + level; 1 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: OS + Tab after: 0.75" + Indent ~.9.:.~~___.,.__.__________.___.__..,... Attachment C 4. Procurement of advertising or publishing ofoublic/legal notices in magazines. +- - newspapers or other media: 5. Procurement of works Dr art in public places; 6. Emplovee or officer expenditures or reimbursements involving travel, education. dues. memberships or Der diems: 7.,___PurchaseU1)_~Q,,-by home()~ners utilizin,g,HOME fund grants. . Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 4. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 5. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. 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 '-fO~~.__ Leticia Vasquez, Mayor City of Lynwood Attest: Approved as to content: Andrea L. Hooper, City Clerk N. Enrique Martinez, City Manager Approved as to form: 12 fFOnnatted: Numbered + Level: 1 + 1 Numbering Style: 1, 2, 3, ,.. + Start at 2 ~~,~nment: Left ~~ngne::t-J 0.5" + Tab after: 0.75" + Indent at: 0.75" -F~rmatted: Num~red ~ Level: 1 ~ "j Numbering Style: 1, 2, 3, ... + Start ! at: 2 + Alignment: Left + Aligned at: J' OS + Tab after: 0.75" + Indent at: 0.75" " ""_.,, .,,-.-.-= Formatted: Numbered + Level: 1 + 1 Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1,2, 3, . . + Start at: 2 + Alignment: Left + Aligned at: OS + Tab after: 0.75" + Indent at: 0.75" '[ Deleted: , b. Theseexceplions shall not apply to contractsforpublicworksJ:l'ojecls.~ ..._............................._.__"___.___.______,,_.___.."..,...mm..m................ ( Deleted: '!"'!.._________J Attachment C J. Arnoldo Beltran, City Attorney 13 AGENDA STAFF REPORT DATE: TO: APPROVED BY: PREPARED BY: December 11 , 2006 Honorable Mayor and City counc~'1 ~~ N. Enrique Martinez, City Manager ~A . Grant Taylor, Director of Develop ent ervicescZ r Subject: Streamline Process for Special Permits and Special Events Recommendation: Staff recommends that the City Council authorize streamline procedures and administrative approvals, and direct staff to bring back a municipal code amendment to implement such procedures and regulations. Background: The City of Lynwood requires a Business License to operate any type of business or event in the City of Lynwood. To protect the peace, health or welfare of the people, City law states that no person shall engage in business or transact and carry on a business, trade, events, profession, calling or occupation in the city without first having procured a license from the city to do so or without complying with any and all applicable provisions of Chapter 4 of the Lynwood Municipal Code. Lynwood Municipal Code Chapter 4-8 states that the license collector, upon receipt of an application for a special permit, shall refer the application to the Chief of Police or any other officer of the city for investigation and recommendation and shall, within thirty (30) days after receipt of the application, submit the application to the City Council for its action, together with the recommendations of the Chief of Police and the report of the license collector as to whether or not the provisions of this section or other applicable provisions of this Code or other City ordinances have been complied with by the applicant. The existing code provisions are old and in need of updating. Many times special events cannot be scheduled in advance to allow staff time to process applications and allow the City Council to consider special permit applications. Due to continuous requests for special permits and/or special events, and short time frames for events dates, staff has pursued a process to "streamline" the approval procedure to more effectively and efficiently serve the residents and general public. In addition, staff is working with Plaza Mexico personnel to assist with their ongoing calendar of events. AGEN ITEI I~ At the City Council meeting on November 7, 2006 the Council directed staff to pursue streamlining procedures for special permits and special events citywide. H:\WORDFILE\PLANNING\ST AfFRPThnemo,council.specialpennit&events.strearlineprocess, 12-05-06.doc Discussion & Analysis: Lynwood Municipal Code Section 4-8.8 requires City Council approval of a special permit for a variety of events, activities and land uses. Staff is requesting Council authorization to process some of the special permits and special events administratively rather than forward to the City Council at a regular meeting. Some activities requiring special permit approval are small in nature and pose minimum impacts or safety issues. Other activities are larger in nature and require measures to protect the public health, safety and welfare. In addition, some activities and land uses require background investigations. Staff is proposing to streamline the process pursuant to an approval checklist. In order to achieve success with the streamline process, the applicant must also provide a complete application packet and diligently pursue approvals from City departments and other agencies. Rather than the normal thirty days for staff to process, administrative approvals could be processed in seven to ten days. Special Permits applications will still require 20 to 30 days to process. Recommended Administrative Process Small Scale Entertainment (i.e. events in a specific controlled area) Filming Grand Opening Events Organizational Events Health Fairs Parking Lot Sales Christmas Tree Lots Pumpkin Patches Handbill Distribution Booths Holiday Florists (i.e. Mother's Day, Valentines, Easter) Recommended Special Permit Process Large Scale Entertainment (i.e. festivals, holiday events, multiple stages and performers) Yard Sales Estate Sales Distress Sales Massage Establishments and Technicians Arcades Pool Halls Taxi Cabs Street Closures (i.e. block parties, posadas) H:\WORDFILE\PLANNING\ST AFFRPT\memo.council.specialpennit&events.s~ineprocess.12.0S-06,doc Special Permit Application Checklist 1. Completed Special Permit Application 2. $30 filing fee 3. Authorization letter from the property owner 4. Site Plan (accurate, detailed, scaled) 5. Letter describing the activities, dates, hours, employees, attendance and specifics including but not limited to promotional sales, food, tents, booths, music, OJ's, entertainment, etc. 6. Business License for all Vendors 7. Planning Division Approval 8. Building & Safety Division Approval 9. L.A. County Sheriff's Department Approval 10. L.A. County Fire Department Approval If the City Council approves staff recommendations the streamline process can begin immediately and staff would update applications, checklists and handouts. A municipal code amendment could be brought back in January 2007. Fiscal Impact: The City receives $30 filing fee, plus $30 per day parking lots sales, plus any other fees set forth by City Council resolution. The $30 does not recover staff costs. The City Council may want to direct staff to itemize costs and bring back a resolution. Coordinated with: City Manager's Office Finance Department City Attorney's Office Business License Division Marketing & Grants Division Recreation Services Department Attachment: Special Permit Application LMC Section 4-8 H:\WORDFILE\PLANNfNG\ST AFFRPThnemo.council.specialpermit&events.stre,ilineprocess.12-05-06.doc 'i.: " ," l . ~.~ \.,' ". ,"I !~-t~",h.t .! ,Hidi;'} ('kd'(, :"!": t~!} l i f~';',: i_\I.\\ C:.(I. :"f'~\I:, :11',,:,>: '''-.1~,: 00'1" -, The City of Lynwood requires a Business License to operate any type of business or event in the City. City law states that no person shall engage in business or transact and carry on a business, trade, events, profession, calling or occupation in the city without first having procured a license from the city to do so or without complying with any and all applicable provisions of Chapter 4 of the Municipal Code oJ the City of Lynwood. Your request requires a Special Permit Application which needs to be approved by The City Council. Your application must be submitted at this office at least 10 working days before the council meeting day. City Council meets twice a month, the first Tuesday and the third Tuesday of the month. With your application, please submit the following fees and information: 1) A completed Special Permit Application 2) $30.00 Filing Fee. 3) An authorization letter from the business owner giving you permission to have the event at their location. 4) A site Plan of where you will be setting up, including tables, tents, canopies etc... 5) A description of the activities, hours of events, including everything, promotional sales, food, tents, music ( DJ's), or any entertainment for those days. If the special permit request is approved by The City Council, you will be notified of the conditions of approval and the amount due to process your license. You may contact the Business License Division at (310)603-0220 ext 242, our counter hours are Monday through Thursday 10:00 am to 3:00 pm. APPLlCA TION FOR SPECIAL PERMIT CITY CW LYHWOOD '1132,0 BULLIS ROAD LYHWOOD, CA 90262 310-603-0220 APPLICANT INFORMATION: ['lAME. CDL# PHONE ADDRESS CITY ZIP: OCCUPATION '"UMBER OF PERSONS EMPLOYED: SBE (State Board of Equalization Number) EVENT INFORMATION TYPE OF PERMIT REQUESTED DATE(S) OF EVENT HOURS OF OPERATION: ADDRESS OF PROPOSED EVENT LOCATION: SPECIFIC AREA DESIGNATED FOR EVENT IS STREET CLOSURE BEING REQUESTED: YES NO (IF YES, BRIEFLY EXPLAIN REASON FOR EVENT AND CLOSURE:) (CIRCLE ONE) IF INDOORS, APPROXIMATE TOTAL GROUND FLOOR AREA OF STRUCTURE: HAVE YOU MADE AN APPLICATION FOR THIS TYPE OF PERMIT BEFORE? YES NO IF YES, WHERE AND WHEN: IS THIS A FOR-PROFIT OR NON-PROFIT EVENT? (CIRCLE ONE) IF THIS IS A NON-PROFIT EVENT OR A CERTAIN PORTION OF THE PROCEEDS BENEFIT A NON-PROFIT AGENCY OR ORGANIZATION, PLEASE PROVIDE THE FOLLOWING: NAME OF ORGANIZATION BEING BENEFITED' STATE NON-PROFIT NUMBER ADDRESS OF ORGANIZATION PHONE: IS A WAIVER OF FEES BEING REQUESTED: IF YES, EXPLAIN: YES NO A NEGOTIATED PERCENTAGE OF THE PROCEEDS IS REQUESTED TO BE DONATED TO THE CITY. I HEREBY CERTIFY THAT ALL STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND COMPLETE AND THAT ANY MISSTATEMENTS OF MATERIAL FACTS WILL CAUSE A FORFEITURE OF FEES AND DENIAL OF PERMIT SIGNATURE OF APPLICANT DATE 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 CIT\' CLERI< CONFLICT WITH PRIOR APPROVED EVENTS IF CONFliCTS EXIST. DESCRIBE YES NO EVENT DATE APPLICANT FIRE DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE SHERIFF'S DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE PUBLIC WORKS APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE COMM. DEV DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS' COMMENTS/CONDITIONS FOR APPROVAL: SIGNATURE DATE RECREATION DEPT APPROVED/NO CONDITIONS APPROVED WITH CONDITIONS' COMMENTS/CONDITIONS FOR APPROVAL SIGNATURE DATE APPROVED/DENIED BY CITY COUNCIL ON: APPliCANT NOTIFIED LICENSING AND BUSINESS REGULATIONS 4-8 ARTICLE 2. SPECIAL PERMITS FOR REGULATORY PURPOSES' 4-8 GENERALLY. 4 - 8. I Permit Required. To protect the peace, health or welfare of the people of the City, any person conducting any type of business enumerated in this article or required by any other provision of this Code to have a special permit shall first obtain the special permit from the City Council in addition to the payment of a license fee as provided for in this chapter before commencing the particular business. (Code 1972 U7-68) 4-8.2 Prerequisite to Occupational License. A special permit, when required by this section or any other provision of this Code, shall be a condition precedent to the issuance of a license under this chapter to do the specified business. (Code 1972 ~17-69) 4-8.3 Application. A written and verified application for a special permit required by this section or other provision of this Code shall be fIled with the License Collector on forms provided for that purpose and accompanied by the filing fee required for the permit. No application shall be considered by the City Council unless the fIling fee has first been paid. (Code 1972 U7-70) 4-8.4 Investigation; Recommendations; Submission to the City Council. The License Collector, upon receipt of an application for a special permit, shall refer the application to the Chief of Police or any other officer of the city for investigation and recommendation and shall, within thirty (30) days after receipt of the application, submit the application to the City Council for its action, together with the recommendations of the Chief of Police and the repon of the License Collector as to whether or not the provisions of this section or other applicable provisions of this Code or other City ordinances have been complied with by the applicant. (Code 1972 U7-71) 4-8.5 Issuance or Denial. The City Council shall grant the special permit if it fmds that the business for which the permit is sought has complied, or apparently will comply, with all applicable provisions of Federal, State and local law relevant thereto. If the City Council should find that the business for which the special permit is being sought has not complied, or apparently will not comply, with all applicable Federal, State and local laws relevant thereto, then the City Council shall deny the special permit. The decision of the City Council shall be fmal and conclusive. (Code 1972 U7-72; Ord. #1025, U) 'Cross references: House movers permit, ~11-15 et seq.; relocation permit for moving buildings, ~11-16, et seq.; permits for the installation of benches along public ways, ~13-8 et seq.; owners' permits for the operation of taxicabs, subsection 4-32.17 et seq.; taxicab drivers' permits, subsection 4-32.27 et seq.; permit to dispose of industrial wastes, subsection 14-9.16 et seq. 433 4-8 L YNWOOD CITY CODE 4-8.6 Filing Fee Not To Be Refunded. In the event that a special permit should be denied by the City Council, the filing fee shall not be refunded to the applicant therefor. (Code 1972 ~17-73) 4-8.7 Transferability. No special permit issued pursuant to this section or other provision of this Code or other ordinance of the City shall be transferable. (Ord. #618, ~5.02; Code 1961, ~20.86; Code 1972 ~17-74) 4-8.8 Occupations for Which a Special Permit Required; Filing Fee. A special permit together with a regulatory fee in an amount established by resolution of the City Council shall be required for the conduct of the following businesses in the City: a. Alphabetical Listing for A. 1. ASTROLOOY, PALMISTRY AND SIMILAR PRACTICES. For each person managing, conducting or carrying on the business or art of astrology, palmistry, life reading, fortunetelling, clairvoyance, crystal gazing, hypnotism, magic or any occult science or like business, profession or art, or for each person who practices or gives an exhibition of one (1) of the arts or practices enumerated in this subparagraph, whether for a fee or not Cross references: Astrology, palmistry and similar practices, ~4-l2; owners permit for the practice of astrology, palmistry and similar practices, subsection 4-12.2 et seq.; occupational licensing of astrology, palmistry and similar practices, subsection 4-7.9a. 2. AUTOMOBILE WRECKING YARDS: For each person managing, conducting or carrying on the business of an automobile wrecking yard or otherwise dealing in the buying or selling of wrecked or junked automobiles or their parts. Cross references: Junk and secondhand merchandise, ~4-23; occupational license for automobile wrecking yards, subsection 4-7.9a. b. Alphabetical Listing for B. 1. BOOKSTORES: For each person conducting, managing, or carrying on the business of operating a bookstore, the principal business of which is the sale of books or of books and periodicals. c. Alphabetical Listingfor C. 1. CARD OR GAME CLUBS: For each person managing, conducting, or carrying on business of a card club. 434 LICENSING AND BUSINESS REGULATIONS 4-8 2. CARNIY ALS, CIRCUSES AND SIMILAR SHOWS: For each person managing, conducting or carrying on any carnival, circus, rodeo or itinerant show. Cross references: Occupational license for carnivals, circuses and similar shows, subsection 4-7.9c. 3. CURB NUMBERING: For each person, fIrm or corporation carrying on or conducting a business of curb numbering, per year. In addition to the other criteria for the issuance of special permits set forth in this section, the City Council shall also consider, with respect to the issuance or denial of a special permit for curb numbering, the past business practices of the applicant; and the City Council shall not grant such special permit unless it finds that the past business practices have not included any false or misleading statements or representations concerning the applicant, its business, its relationship to the City, and the necessity or desirability of curb numbering. Cross references: Buildings, Ch. 11; streets and sidewalks, Ch. 13. d. Alphabetical Listingfor D. I. DANCE HALLS AND DANCING CLUBS: For each person managing, conducting or carrying on the business of operating any public dance hall, dancing club, club dance, tavern dance or any public dance. Cross references: Dances and dance halls, subsection 4-18.1 et seq.; occupational licensing of dance halls and dancing clubs, subsection 4-7.9d. 2. DISTRESS AND SIMILAR SALES: For each person managing, conducting or carrying on any closing-out sale, going out of business sale, bankrupt sale or any sale of similar nature where it is advertised or represented to convey to the public the belief that the sale will be for the disposal of goods, wares or merchandise and that the business will cease or discontinue, or for each person managing, conducting or carrying on any sale of goods, wares or merchandise damaged by fIre, smoke or water. This subparagraph shall not be construed to include any person who has been engaged in business in the City continuously for a period of not less than one (1) year, and who conducts a closing-out, bankrupt or similar sale for the purpose of disposing of his stock on hand and of closing out his business; nor shall this subparagraph be construed to include goods, wares or merchandise which have been actually darnaged by fIre, smoke or water within the City. 435 4-8 L YNWOOD CITY CODE This subparagraph shall not be construed to apply to any public officer selling any goods, wares or merchandise under or pursuant to any order of any court, commission or other legal authority. Cross references: Occupational license for distress and similar sales, subsection 4-7.9d; additional permit requirements for distress and similar sales, subsection 4-10.1 et seq. e. Alphabetical Listing for E. 1. ESCORT BUREAUS: For each person managing, conducting, or carrying on the business of an escon bureau. f. Alphabetical Listing for F. 1. FIREWORKS STANDS, CHRISTMAS TREE STANDS AND SIMILAR BUSINESSES: For each person managing, conducting or carrying on the business of operating a Christmas tree lot, fueworlcs stand, flower, fruit or vegetable stand or any similar type of business. Permits required by this subparagraph shall be issued for a maximum of thiny (30) days in anyone twelve (12) month period. Cross reference: Occupational license for fireworks stands, Christmas tree stands and similar businesses, subsection 4-7.9f. g. Alphabetical Listing for G. 1. GUN DEALERS: For each person managing, conducting or carrying on the business of a gun dealer. Permits required by this subparagraph shall be issued for a maximum period of one (1) year. 2. CONCEALABLEFlREARMS: (a) In addition to such other licenses and permits required by this Code, any retail dealer of pistols, revolvers and other firearms capable of being concealed upon the person, shall obtain a special permit under this subsection. (b) The City shall be the licensing authority for purposes of this subsection. 436 LICENSING AND BUSINESS REGULATIONS 4-8 (c) The approval of the Lynwood Sheriffs Station Captain must be obtained before the City may grant special pennits to sell within the City pistols, revolvers, and other fIrearms capable of being concealed upon the person. If the pennit is granted, it shall be in the form prescribed by the Attorney General, or if no such form exists, in the form prescribed by the Lynwood Sheriffs Captain. The pennit shall be effective for not more than one (1) year from the date of issue, and shall be subject to the provisions of Section 12071 of the California Penal Code, as now codifIed or later amended, or any successor statute of like subject matter. Pennit applications shall be in the form prescribed by the City. (d) In detennining whether to issue such permit, The Sheriffs Station Captain may conduct a physical inspection of the sales premises and a personal background check of the applicant. Fingerprinting of the applicant may be required prior to the issuance of the license. The factors to be considered in determining if a pennit should be issued are security of the sales premises, criminal history of the applicant, reputation of the applicant for honesty and integrity, and the number of local dealers presently in operation. h. Alphabetical Listing for H. I. HOME OCCUPATIONS: For each person managing, conducting or carrying on any business in the home. 2. The regulatory fIling fee for a large family day care center shall cover the costs of review and administrative processing, but shall not exceed an amount of one hundred ($100.00) dollars. Cross references: Occupational license for home occupations, subsection 4-7.9h; additional pennit requirements for home occupations, ~4-22 et seq. i. Reserved. j. Alphabetical Listing for J. I. JUNK DEALERS: For each person having a fIxed place of business within the City and managing, conducting or carrying on the business of buying, selling or otherwise dealing in either at wholesale or retail, old rags, sacks, bottles, cans, papers, metal or other articles commonly known as junk. Nothing contained in this subparagraph shall be construed as abrogating or 437 Rev.Ord.Supp.1I94 4-8 L YNWOOD CITY CODE repealing the provisions of any present or future ordinance or regulation dealing specifically with this type of business. Cross references: Junk dealers, secondhand dealers and pawnbrokers, ~4-23 et seq.; occupational licensing of junk dealers, subsection 4-7.9j. k. Reserved. I. Reserved. m. Alphabetical Listing for M. 1. MASSAGE PARLORS; STEAM AND TURKISH BATHS: For each person managing, conducting or carrying on the business of massage parlor, steam baths, public baths, Turkish baths and other health or beauty baths or schools or any schools of massage or hydrotherapy or any other similar therapeutic school. Cross references: Occupational licenses for massage parlors; steam and Turkish baths, subsection 4-7.9m; giving massages to persons of the opposite sex, subsection 3-7.6. 2. MASSAGE TECHNICIANS: For each person carrying on the business of being a massage technician. 3. MODEL STUDIOS: For each person managing, conducting or carrying on the business of a model studio. 4. MOTION PICTURE THEATERS: For each person managing, conducting or carrying on the business of motion picture theater. n. Reserved. o. Reserved. p. Alphabetical Listing for P. 1. PARKING LOT SALE MERCHANTS: For each licensed owner or operator of a business who conducts or carries on the offering for sale or actual selling of merchandise of any kind or type in the applicant's parking lot. 2. PAWNBROKERS: For each person managing, conducting or carrying on any business as a pawnbroker. Cross references: Junk dealers, secondhand dealers, and pawnbrokers, ~4-23 et seq.; occupational licenses for pawnbrokers, subsection 4-7.9p. 438 Rev.Ord.Supp.l/94 LICENSING AND BUSINESS REGULATIONS 4-8 3. PICTURE ARCADES: For each person managing, conducting or carrying on the business of a picture arcade. 4. PRIV ATE PATROL SERVICES: For each person managing, conductitig or carrying on the business of a private detective, private investigation service or patrolling and watching business establishments, residences or other premises. Nothing contained in this subsection shall be construed as abrogating or repealing the provisions of any present or future ordinance or regulation dealing specifically with the types of businesses enumerated in this subsection. Cross references: Occupational license for private patrol service, subsection 4-7.9p; private patrol operators, ~4-31. q. Reserved. r. Reserved. s. Alphabetical Listing For S. I. SECONDHAND DEALERS: For each person, the major portion of whose business constitutes the buying, selling or otherwise dealing in secondhand goods, wares or merchandise. Nothing contained in this subsection shall be construed as abrogating or repealing the provisions of any present or future ordinance or regulation dealing specifically with these types of businesses. Cross references: Junk dealers, secondhand dealers and pawnbrokers, ~4-23 et seq.; occupational license for secondhand dealers, subsection 4-7.9s. t. Alphabetical Listing For T. 1. THEATERS: For each person managing, conducting, or carrying on the business of a theater. 2. TRASH, RUBBISH AND REFUSE DISPOSAL: For each person managing, conducting or carrying on the business of soliciting for and collecting, removing and disposing of refuse and rubbish. Cross references: Garbage and refuse, Ch. 9, occupational license for the business of trash, refuse and rubbish disposal, subsection 4-7.9t. 439 Rev. Ord. Supp. 10/96 4-8 L YNWOOD CITY CODE u.-z. Reserved. (Code 1972 gI7-75; Ord. #959, Sg8-13; Ord. #1025, Sg2-1O; Ord. #1041, g5; Ord. #1059, g2; Ord. #1079, gl; Ord. #1140, g23; Ord. #1201, gl; Ord. #1237, SI; Ord. #1302, gl; Ord. #1383, sll .;-- 4-8.9 SPECIAL PERMIT FOR SALE OF PERSONAL PROPERTY iN A RESIDENTIAL ZONE: a. Applicability: The provisions of this Subsection apply to any person who intends to or who does sell, or display or offer for sale, to the general public any personal property in any residential zone including, without limitation, sales of personal property commonly known as "garage sales", tlyard sales", "patio sales", "rummage sales", "estate sales" and the like. b. Special Permit Required: No person may sell, or display or offer for sale to the general public, any personal property in any residential zone, without first obtaining a special permit from the license collector. c. Limitation On Issuance Of Special Permits: No person may conduct a sale of personal property in a residential zone, nor may the license collector issue a special permit for that sale, unless that sale is proposed to be conducted during the weekend of a calendar quarter designated as follows: Calendar Quarter Designated Weekend January - March Last weekend in March April - June Last weekend in June July - September Last weekend in September October - December First weekend in December The word "weekend", as used in this subsection, means a Saturday and a Sunday, both of which fall within the same calendar month. d. Application For Special Permit; Payment Of Application Fee: I. An applicant for a special permit to conduct a sale of personal property to the general public in a residential zone must submit the following information on a form to be provided by the license collector: (a) Full name and residence address of the applicant. (b) The address where the sale will be conducted. 440 Rev. Ord. Supp. 10/96 LICENSING AND BUSINESS REGULATIONS 4-8 (c) The proposed dates and hours of the sale. (e) A declaration, signed under penalty of perjury, that: (1) The applicant or members of the applicant's family own all of the used personal property to be offered for sale, that no personal property to be offered for sale has been acquired by or conveyed to the applicant for purposes of resale for profit, and that the applicant will authorize the sheriff's department or the city's code enforcement personnel to inspect all personal property to be offered for sale. (2) The applicant has read and will comply with all requirements of this subsection. 2. No special permit authorizing the sale of personal property in a residential zone may be issued by the license collector unless the applicant has paid a special permit application fee in an amount established by resolution of the city council, or has provided satisfactory evidence of the applicant's entitlement to an exemption, as provided for in subsection 4-8.9d3 of this section. 3. The following exemptions from payment of the special permit application fee are authorized: (a) Where the applicant is sixty five (65) years of age, or older. (b) Where the applicant is a bona fide nonprofit organization and provides satisfactory evidence to the license collector of its tax exempt status under federal and state law. e. Duration Of Special Permit: The special permit issued by the license collector may authorize the permittee to sell personal property to the general public in a residential zone only on Saturday and Sunday of the designated weekend in a calendar quarter, between the hours of seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M., subject to the restrictions set forth in subsection 4-8.9f of this section. f. Restrictions On Sales Of Personal Property In Residential Zones: 1. property. An adult must be present at all times during the sale of the personal 440.1 Rev. Ord. Supp. June 2002 4-8 L YNWOOD CITY CODE 2. All signs advertising the sale of personal property must comply with the provisions of section 25-33 of this code. i", 3. The display of the personal property, and related sales activities, may be conducted by the permittee anywhere on the residential real property identified in the special permit; provided, however, that no sidewalk or parkway area may be used for that display or any related sales activities. 4. The personal property which is sold, or displayed or offered for sale, as authorized by the special permit, is expressly limited to the used personal property of the permittee or the permittee's family members. The sale of new personal property is prohibited. No personal property of any nature may be moved from another location to the location identified in the special permit for the purpose of selling, or displaying or offering for sale, that personal property. 5. The original or a copy of the special permit issued by the license collector must be posted or otherwise displayed by the permittee in a conspicuous place at the location of the sale during the hours of the sale. g. Other Authorized Sale Of Used Personal Property: Nothing contained in this subsection precludes the city council, by resolution, from authorizing one or more additional sales of used personal property during any calendar year. The date, time, location and requirements for participation in any such additional sale of used personal property will be as specified in the authorizing resolution. h. Special Permit Index File: The license collector will maintain an index file of all special permits issued in accordance with the provisions of this subsection. This index file will identify the names of the permittees and the locations in residential zones where sales of personal property have been authorized. i. Enforcement: The license collector, the code enforcement division of the community development department, and the sheriff's department will enforce the provisions of this subsection. j. Penalty For Violation: I. Any person violating any of the provisions of this subsection is guilty of an infraction. 2. Any person convicted of an infraction under the provIsIOns of this subsection is punishable upon a first conviction by a fine of not more than one hundred dollars ($100.00), and for a second conviction within a period of one year by a fine of 440.2 Rev. Ord. Supp. June 2002