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'. '~-">8,~ [I '15 "'8-"1 I
1~1j,- lib (l) 16C _~~ I....m-o= I c ~ 6
C'lC,E' .ct ~ Iw5 .,..QCoi I.e,g~; I I I it! aiEu I
tl ::J Q) :>. - cut: '-I 01 '" _.l...i <I, .f: '- 0 _r I
:u9"'8 s:~~ ilDG;! gec,''": ,~gID> I I I "0 COJ~ I
1"@~~fi:&.g[:'51 ~~~I: 1:~~~I'I'116880: ,Iii.
p ..... '< :a......v CO""'::; 01 I m -.= C\. I 1:1 .~ o~' I I I
100C-.; CQ) I~ID_ ~....- lrom-om E III ffi roci I 1'1'
ID Ol 0 ro r.J? ~ .... "0 ::i .... nJl I .D 0 0-1 'I '.c E Q) = 011 0;;,: NO:' I
u-....>'-~m~'eO>1 c:::i (.) ~OO II I c.. ::J~"'_I
- ~ c. e .::l '/} -I . 0 e I ..c 0 if) I .... Q. __ cO C (J} ...., I I I
C - 01 Q.. m c.:' o. 5-1 c: q c...1 I U:; .Oi I :;, :; t: ;:, I.l"i I I I '- c C;:n, I I I I I
f:- c I;tJO a..(!)'" tDj'ON<> "'<> <>"."0", ~ CL oro", I"
, .;< _lfi;' "- ~11't"'"O,E-"'II, ~ ~~Z~"r-cl~-I:--\oai~~I'&&118f~r)-"~~& -,~1&~ 98fi-"I~~lj&I&lf&l&
:E ::- "0 U~"u !:jl I!"J!....":l e.n 0 0 [000001 IJ) I~ 1"'110 to l.O II,nll{) tOl'" 0 0
I ~ ~ ~ B ~ ~,i I -i - T,~;"'i 1"'1 "'I '" '- ITI"'INI~ '"
! <.> tl.'61 -l ~~L~ J ---j' i_I U i_ 9' I~'_. ~ __I j I 1_:_(
~. $ ; ~r-~- . i ~ ~i 1- i t~I-~_-- i ~1g:~~t-- ~ -- ~~~ ~TI~ ~_ i ~u!~_;~I~I~f~j;
'Ii .g co "II I '" "" '" 1,,,1, 0 10010 ",I,.,}I 0 0 0 '" "'I'" '" "' 1"'1"'1"'1"'1'" ci
... lj ::I I 'I i-;-""" 1"-'1"1- T"" T"" "-1 N N N N N N C\I N N N N N N l!)
~ Iii ~ 0 I I I i I I I I I I
~ ~ g ~I' I , ! I I J i j II 1 I I I Ii, 'I' t'
"I !it" I 1 'I 1 1'1 I I 1111
! _____n__" ~I' ^ :' ~ - ~--~-~~~t - -~- ~tli~f~f~~--~~= I~~I~ ~i~ ~ :~::^.~::jd,j^ I~~ ^
~ ~Ii j,g, I ~ ISlI :;} I~:;}"'~~I ~ Sl~Sl~:3~ ' 1~ljl'I~'1I)1'
-~::~~~ll-~- T~-~ c~i~t, -~-::t;I~ ~ ~ ~ ~+I---~ i ~- i i ~ i - i ---~I~i~fM~fi11~
~ ~I '" I .0 ~ I '" !~I ~ .~t~uil~L,~gl ~ I"'~~~-I~~ ~ 1~1~!:nI~lg,g
N +--~----+,;- ^ --;;i--;;-- : ^ 1 ^ I^ ~...~ ^ ;;r---~ - ;, ^ ~ l-,;t^ ^ --;;- --I ~;;1~ ^ ~t;
~ 1 ~.. ~t - g ~T~-rgl fiJ-l~g~~~I-----~-- gg~~lgI88--~g -1Ii~~1~8i~
,_~ Iii .c 0 ~I' . .,.: I .0 :"'1 ,-' ",- '" "'I'" '" ci .:..; ~-I': U"i ci ";.,tOll()I.~^ 1.Ci,u)
;: ~ i ~ E, i iJjJ '~ i I '" I I ! - I"'!! h
'"i"} · ir '11';"~ i lH!" · nT'r
51 .~ i~.~ ~ i ~ Ilro~~ I ~ .J = .~ ~ 1~1,,~lr~il i~
:;; Io..!'> 0 J!! ~ 5 .a ~,g I!!! :;; ~ ~ ~ ~ .!'> 0 I'!I: : ~ lil1u
~ !J~ ~ ~ fl~J,... ! l~L~~~ __J~ l~j!~~~8 ~ j~I~~!I!
I/J <n I r, I f I i
.~.~ i i ~ I I i I I I'
8l 8l I I ;f I I I, I II '^ "I . I. I,
.'ii_ Q) ! I ~ I i I J ~I I Ii'
l; I'" I! 51~~ liiiU I I i
1'= - 0 .. i ~ '-1 0 " " " u. - 0 "''"-1'- .-'"-
,D 0 c: loS, 10 "0.._ .....- :::1" ~ ~e iil g 0010
: l'l i5 I'l ro I ,ei 'I'll I'l - ~ I'l 'u' ~ll!l I'lll'l
. c: 0: c ~ ,,:31 Ice .c: .c 10 c I c[.- c cl c
l~~ '+ ~ !,L-~--II,Lli~,j~+__ ~ .1, ,~I~ilU ~J~(~J~~~
!~ I I ' . , < I rT I I : I I III)
'" j I .! ii"" I 1 I 1 i~
i~ ! ~ Iii i !~! Ii! 1_: I ~
',9- IN'''I ~ ' I 'I i Ig11,,1 ! . I Igl !~
~ir>c B i jHI~!~lall i~~igl';" 1!11~I!5llll~
~ ~ ~ c1l "gl iY 1~,~I~I~i~1 II~ ~- ~Il! ! ~ ~ I~I~I~I~ ..I ~
I ~ D.. ~ ~ ~: ! : c'I~: ~1~1;J, 0 .g 0:: 1ft C a. iii I gJ c :6 0 J: g!
I ~ ~ '0 C .v: , ~ L ~ EI'S' nil ~I 15 "0 ~ ~ ~ i U) 1::11 ~ c: I::: "CIs
~ ~ ~ ~ ~I I i81~,~!BI~ ~~O~ ~~ ~ ~i&~~~,~
'(ii
,~ :if
:2w
i2 '
-1~ 8
l;:!J.,
p.~
'.~~ w.', ,
11 S2~ L
"5 ~ ~
~ I
,'IE I
~'~ ~
1111-
I~ '!~ II,'
:5
~
<;-~
o
~.
,Sf
,~
w
.~
1i
'"
}?
.~
I
I
r-u
I
I
I
I
I
I
i5
1l
!!'
is
~ ------+--. . - .--
"I.
E
H
s:::
~
u.~
'0
x
o
U
..
'"
{j
~
I-~-~'---"~--------r- , ,
, i, rl ~~o
, : I i 0_
,,( ~I I
~"' (J' I
eli _I '
~l:j~, C<.: 18....
~11'1~~ ~ iEl jg ~ I :
~Ig 8:$1 i., II II <II
~W)ttll: l~lE-o '0
"II"" ,,0 I"". (5 a;
q;JIAog ..c:~.c c
100 C ~ ;::... > U'JI !
'..------+~,~~-df,84, ,-~
.!l g, ;:. ....~II 8 8 81 8 ,I ~
:c ~ ~ ~ 13 I:: ci 00 Il"i I 0
~ 0 ~ ~ 5 ~ I T"" ~ ~I m ~
r.o ~ C - 0 lS::1 I I
80:Cr Ii A+
i . .----~ ~JI-'-' ~ ~ ~Ff~II~,--~-
~ C) g ci ci 011 .,; g., 0
i.. J!! ::J i 1.0 10 to 1.0 [0
Q) u 0 I ..... .....
UJ l! U I i I
-.i- c I i
8 (3 i
'..
<II::;
'U'
-w
S .
ii6
<!!IL
"'::;
l-(f.\
"'"0
"'-
~ ~
lea.
~ ~.!I
.!-:!lS::
00
" ';, 1]
" "
'i ~
,,-
",IL
C-
~ l!
~ "{3
, ';':::
:.>. 5
pi!
::;'5
"',.,
"
g
.,
"
c
g
1ii
u
....
III
o
Q.
"I'
, ^ ,;-1-,;
-_._~--+------~
~ ~il '!!
lL. :c ...... ......
N
~ (~j:. -~ ~}~- ~
a ~ ftj I M .)1...... to
.~ ~ E; ~ I
----:'^~I:;;fl" ~I^'.
'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